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05/03/1993 - 4950WILLIAM W. BIIRNS CITY MANAGER COIINCIL MEETING MAY 3, 1993 FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 Paqe 3 OLD BUSINESS (CONTINUED)• Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 206, Entitled uBuilding Code,N by Amending Section 206.03, "Permit Fees," and Recodifying Chapter 11, Entitled uFees," by y��er'`�Ci �� Amending Section 11.10, "Fees" . . . . . . . . . . . . . . . . . . . 4 - 4B Receive an Item from the Appeals Commission Meeting of March 2; 1993 : . . . . . . . . . . . . . . . 5 - 5Y 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 Industrial� Boulevard N.E. (fabled April 5, 1993) Receive an Item from the Planning Commission Meeting of March 10, 1993: .,.. ` . A. Special Use Permit Request, SP #93-02, by SignArt for Plywood Minnesota, Inc., to Allow an Automatic Changeable Sign, Generally Located at 5401 East River Road N.E. (Tabled April 5, 1993) �� J s� � �, � �� ............. 6-6J 0 � / FRlDLEY ClTY COUNClL MEETING OF MAY 3, 1993 Paae 4 OLD BUSINESS (CONTINUED� Motion to Reallocate $1,684.40 of Unexpended Funds from the 1991 Human Services CDBG Ailocation to the Housing Rehabilitation Program (Tabled April 19, 1993): . . . . . NEW BUSINESS: .0 � � l .� . `0........... 7 Appointment: City Employee . . . . .�?Zt�. . . . /.� . . . 8 � J Approve Agreements between the City of New 6righton and the _ City of Fridley for the •�� Interconnection of Their Water " �� t Distribution Systems . . . . . . . . . . .a,,�: „r'. . . :� . ��Vw�" �� ' Resolution Ordering Improvement and Approval of Plans and Ordering Advertisement for Bids: Street Improvement Project No. ST. 1993 - 1 & 2 . . . . . . . �. __ . . . . .. . . ..�......... 10-10D � � rrc�u��T �.� � Y VVUN(:IL MEETING VI— MAY NEW BUSINESS (CONTINUED� First Reading of an Ordinance Amending Chapter 113, "So1id 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 113 . . . . . . . Receive the Minutes of the Pianning Commission Meeting of , r . 1993 , G� � 1 .................. 11 -11E � April 14, 1993: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12MM A. Special Use Permit �tequest, SP #93-04, by Target Stores, to Allow Garden Centers or Nurseries which Require Outside Display or Storage of Merchandise, Generally Located at 755 - 53rd Avenue N.E. .................... >��J � � � ..... 12 -12C .......................... 12R -12CC B. Lot Split Request, L.S. �93-03, by Michael Oberle for D& N y�'°�'''e� . Federal Savings Bank, to Create Two Separate Parcels, � � Parcel I and Parcel 2, � Generally Located at 260 Longfetlow Street N.E. . . . . . . . . . 121 - 12M . . . . . . . . . . . . . 12DD - 12MM FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 Paae 6 NEW BUSINESS �CONTINUED� Receive the Minutes of the Planning Commission Meeting of April 28, 1993: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 1300 A. Extension of Spec'ral Use Permit, SP #82-12, by Park Construction Company, to Allow Rock Crushing Activities to Continue Until May of 1995, Generally Located at 7900 Beech Street N.E. . . . . . . . . . . � i��J �;� � ...... i3 -13C ................ 13H -13BB B. Establish a Public Hearing for a Vacation Request, SAV #93-01, by Mark and Jean Schwartz and Frank and Vallie Labandz, to Vacate an Alley Generally Located Between 1356 and and 1372 - 64th Avenue N.E. Approve Contract with Kurth Surveying for Preliminary and Finat Plat Work for the Shorewood Plaza Repta� �� . . . . . . . \�� / � 1 . . . ./ . 13C - 13F . . . . . . . . 13CC - 1300 ..... 14-14F FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 Paae 7 NEW BUSINESS (CONTINUED : -�- -� ,�" Resolution Approving Plat, P.S. #93-01, Anderson � y,�oe�� Development Replat . . . . . . . . . . . . . . . . . . . . . . . 15 - 151 Approve 1993 Anoka County Joint Powers Agreement for �� Residential Recyciing Program . . . . . . Approve Purchase of Service Agreement for Consultant Services .................. ,... 16-16E ...... 17-17V Establish a Public Hearing for May 17, 1993, on the Proposed Regionai Senior Citizens � Center...................................... 18 Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . 19 ♦ �eterans' �udd y �� i� William Mayor Fridley, J. Nee MN lulay 2�.,199� �li/�il�'�.f1S, tRe aHaua�saee o(� �uddy Poppres by tRe �tetak.s o�-,�o,teigH �l✓�us of� tRe UH�ted States Ras beex of��j-icia�y �ecogkized aHd eHdo,tsed by go�Ie�x�ta2 �ide.ts siace 1922• akd �l✓��i�.flS, �V �/8uddy Poppres ate CzcsextbBed by disabeed Uete.ta�+s, aad tRe p,toceeds o�- t�s wo� tRy (�uHd-,ta�srag ca�rpargk ate used e,reBus�v�eQy �-o,t tQe beKe f�rt o�- disab�ed aad Heedy t�etet�+s, akd t�e rvr'do�us aHd oxpRaHs o� deceased U�eteta�.s; aad �l+/��i�F�S, TRe bas�C pcupose o� ti�e akaual saQe o�j- gddy Popp�es by ti�e �ete.ta�rs o�j-�o,te�gK �l�/cus is eBoqueatBy ,te(lBected iH tRe desl,te to "4a/oHO,t tRe Dead by 4a/e�v�rrg tRe LiurKg'; ,�l%04,/, %4/�',��'�"O/�; �IT/�50L�1�'D tQat I, �l,/r'QQr'a��I.,/1%e, �Qyo� o� t� e�ty o��d�yy R��y p�o�ea« Ntay �,1�, � �eterans' �Buddy �oppy �ay .flxd c�tge t6�e ertrzeHS o� �rdeey to ,teeogarze tRe �etrts o(T tRrs �ause by eoertt�butrag gexe.tous2y to its suppo,tt by pu,teQasrHg 8uddy Popp�es oH tRe day set as�de ffo,t ti�e drst,t�but�oa o� tllcse syNrbo�s o(� app,tecratloH (--o,t tRe sae,tr�-�ees o(� ocu Roao,ted dec�d. Iu,tge a2B pat,t�otrc e�t�zee�+ss to wea,t a guddy Poppy as rKute eUidekce o�- oat g,tatrtude to tdle �e�r aHd u�o,rceH o f� tllrs couut,ty ruRo,trsked tRer,t �rUes �K de6-ease o(� tRe �,teedok+s w�1iCR we CoHt�aae to e�rjoy as.�iKe.tr�aa Citrz�s �1%1,/Ij�%'S� �1v�4/�i�0� , IRaUe set �y llakd aHd eaused tRe sea� o(- tRe G'rty o(1-�xideey to be a�-ixed t�s 3�d day o� Nray, l� �'�� WILLIAM 7. NEE, YOR �i �. ( � I � I I Wiiliam J. Nee Mayor Fridley, MN ' " e �Qe� �tudent ore� n �xchan 9 9 MQy 3xa to May ��, �� 9�f�f(��S, ouk cow�,�uaity's gxeatest asset is oux. youtR; aKd �Wd�1��4S, tRe.�lwiexieak �ieQd Sex.t�iee (.� j�S) okgaK�zes aKd adw�iKistexs a pkoc�kaw� u�9�ie� bxik�s stude.uts �-xow� akouud tRe woxQd to oux eowu�uuity; aud �Wd�I��S, tRis iktexeR.akc�e o� cuQtuKe aKd pRiP,osopR.y coktxibutes to tRe. edueatiok aKd w�atuxatiok o� ouK youtR iK �aK� a�d va�ied u�ays; akd �Wd�(��S, it is tRe. desixe o� tRe C'.ity o�- �.id2e.� to SR�ow its appkeCiAtiok Ctkd SuppoKt to ouK distiKc�uisR.ed c�uests; .�o�w, T�r��o�, � rr�so�� tRat r, ��e�a�s..��., Mayox o� t�.� ��ty o{� �x�deey Rexe.by pKOCQ,a�w�tRe �ee� o� Jv(ay 3kd to �/(ay 9t� as Studeat�o,teigk ��RaHge �/� In Honor of Arna Horwood of New Zea�and � IT-�U�Td�l��2 �SOL�`D tRat .fl,tua �ilo,tu�ood be w�ade aK Rokokcuy eitizeK o{� t�e L'ity o{� �ideey du►�iag tR.e duKatioK o{� Rex stay. �J1( ��I(�SS �W�f �t2�0�, I Rau�e set w�y RaKd akd eause,d. tRe seaQ o{� tRe C.'ity o� �xid2e,� to be a{�{�i�d tRis 3�d da� o�- Mcty, 1993. C� WILLIAM J. NEE, MAYO • � tudent " o rei n 9 �xchan e 9 �tay 3,� to May ��, �� Wiiliam MaYor Fridley. J. Nee �� , �, , , , �1,(d�I�t2�4S, oux. cow�.uKity's �Keatest asse.t �s ouK youtR; aKd �W�1��4S, t9�e.�4w�ex.icak �ie2d Sex�ice (.�l�S) oKC�aw�Zes aKd adw�ikisteas a p►�.oc�Xaw� wR�cR b�tKgs stude�ts �xow� axouKd tRe �oxQd to oux coww�wwK�ty; aKd �W�I�t�AS, tRis iKtexeRaKge o� cuetu�.e a►�d pRiP,osopRy coKtxibutes to tRe edueatioK aKd wtatuKatioK o� oux yout� iK wtaKy aKd U�axie.d ways; aKd �d�I�i��S, it iS t�ie desiXe o� tRe Citt� o� �Aideey to sRow its appxeeiatioa akd suppoKt to oun distiKc�uisRed c�ueStS; .�o�w, T��or�, � rrr2�so�� t�at r, ��e�a� 1..��, Mayok o� t�� e�ty o� �K�deey Rexeby pKOeQai�tRe we.ek o� N(a y 3xd to May ��. � stud�t�oteigH �'xeRakge �/eek In Hon or of Adri an a Pereira of Brazil � IT-�(1t2Td��t2 t?�sOL�ii�`D tRat.fldxiaa Peteixa be wtade aK 6�okoXaxy eitize,� o{� tRe City o�- �Kidee.y duKikg tB�e duKatioK o{� �ex stay. Ill(`WtDU�SS �W�I�t2�0�, I Rave set �y R�akd akd eaused tRe se�a� o{� tRe City o{� ��de�y to b� a��xed tR�s aKd day o� N(ay, 1993. ,� , �► . G WILLIAM J. NEE, MAYOR ;� i►l� ♦ " orei n 9 �xchan e 9 MQy 3�. to �tay ��, �� William Mayor Fridiey, J. Nee �� ► � � MN �Wd�I�t2�4S, oux cowuKu�ity's gneatest asset is oux youtR; aKd �W�l�i�iS, t9�e.�lwi.exicaa �ieP.d. Sex�ice (.�I�S) oKC�aKiZes akd ad►niaistexs a pKOC�kaw� �a��. ��5 Stud�-� ��o� �oukd t�� to o� �►�k�ty; a�d �d�I�i�.�iS, t9�is iKtexCRa�c�e o� Cuet�,u�e aad p�iP,osopR� CoktA.ibutes to t�ie e(�uCatiok CiKd w�atuKatto� o�- oux yout� tK w�aKy aKd u�ax�e.d ways; aKd �1�id�I�i��S, it iS t�ie desixe o� t�ie City o�- �A,idQey to sQow its appkeeiatioK aKd suppoAt to outi distiKc�uisB�ed c�uests; .No�w, T��or�, � rrt2�so�� t�at r, ��ee�a�J..N�, Mayox o� tR� Gty o�- �tdP,e.y Re,�eby p�ocea�� tRe wee� o� �v(ay 3xd to May 9tR as StudeKt�o,terga �x�QaHge �/ee.� In Honor of Jana Podsch un of Germany � IT-�Ut2Td�I�R2 �SOL�iI�'D tRat .Iasa Pods��uH be w�ade aa R�koKa►i.y citizex o� tRe. ��ty o� �idQey du►�ikc� tRe du�atiok o{� R.ex stay. IJI(�(Dl(�SS �d�l�i�0�, I Raue set wty Raad akd caused tR.e sea2 0{� tR.e City o{� �xidQ� to be a�{�ixe,d. tB�is 3xd day o{� May, �g�. �(�'U/ �'w"' WILL�AM J. NEE, YOR ;; � ► ♦ " orei n 9 " xchan e � 9 May 3�d to May �a, �� Wiiliam J. Nee Mayor Fridley. MN �, �, , , . �Wd�I�t2��4S, ouK cowu.tuKity's gKeatest asset is oux youtR; aKd �W�1��4S, tRe}lwtexicaK �ie,P.d. Sexuice (.�(�S) oAC�akizes aud ad.»uKistexs a pKOC�xa�. w�icR. bxi�c�s studeKts �xow� aXOUKd tRe woAed to oux cowu�,.uKity; aKd �d�(�i��iS, tRis iKtexeRakge o� CuQtul�e akd pRieosop� CoKtA.ibates to t�ie e.G1.uCGttioK aKd w�atuxatioK o� oux youtR. ik M,�aKy akd t�axied ways; aKd �W��S, �t is tQe desiKe o� tRe City o� �x�dP,e,y to sRow its appAeciatioK akd suppoAt to ouK distikguisRed c�uests; ,�l(Cf-W, T�(��e��jflt2�, B� �t2�SOl�`D tRat I, �bJiQ�iaw��I.,)1(ee, �AI�oA o� tRe Citl� o� �.idQe.y R.exe.by pKOcQa�w�tRe �e.ek o� N(a y 3xd to jU�ay 9t6� as Studeat� fo,teig� �zeRaHge �/ee.E� In Honor of Andreine Requiz of Venezuela � IT-�i�d�l�� SOL�`D t9�at.fladterae �equrz be wtade ak 9�okoticu.y eitizeu o� t�►e City o� �xidQey duxikc� tRe duxatio� o{� 6�ex stay. jJ1(��l(�SS �1a(�1�t�0�, I Rat�e set w�y �akd akd eause.d tRe se�te o{� t9�e L'ity o� �idQe.y to be a�-�-ixe.d tRis 3ad day o{� �/Iay, 1993. Cti � WILLIAM J. NEE, MAYOR THE MINIITES OF THE FRIDLEY CITY COIINCIL MEETING OF APRIL 19, 1993 TH� MINiTTEB OF THE REGULAR ME�TING OF TH$ FRIDLEY CITY COIINCIL OF APRIL 19, 1993: The regular meeting of the Fridley City Council was called to order •at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: APPROVAL OF MINUTES: Mayor Nee, Councilwaman Jorgenson, Councilman Billings, Councilman Schneider, and_Councilman Fitzpatrick. None. BOARD OF REVIEW MEETING APRIL 5 1993: MOTION by Councilwoman Jorgenson ta approve the Board of Review minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CITY COUNCIL MEETING APRIL 5 1993: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PROCLAMATION: FRIDLEY-KRASNOYARSK FRIENDSHIP DAYS Mayor Nee issued a proclamation proclaiming the weeks of April 19 and May 3, 1993, as Fridley-Krasnoyarsk Friendship Weeks, in honor of the twenty Russian students who are visiting Fridley. He indicated that he hoped that Council would have an opportunity to meet the students. Mr. Hunt, Assistant to the City Manager, replied that they would, as there was a reception scheduled at the Municipal Center on Thursday, Apri1 22, 1992, between 9:00 and 1.0:30 a.m. He stated that the public was also invited. I FRIDLEY CiTY COtTNCIL MEBTiNG OF APR2L 19, 1993 Paae 2 OPEN FORUMl VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS• 1. PUBLIC HEARING ON THE ISSUANCE OF A LI4UOR LICENSE TO T.R. McCOY'S• 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 7:46 p.m. Mr. Pribyl, Finance Director, indicated that under Minnesota law transferring a liquor license requires a public hearing. He stated that the application from T. R. McCoy's was in order. Mayor Nee asked if there was a police report. Mr. Pribyl stated there was and that the Police Department had no problems with the new liquor license transfer. Mayor Nee asked if the new owners were present at the meeting. Mr. Pribyl replied that Mr. Thomas Ryan was in the audience and available for questions. Councilwoman Jorgenson indicated that in the future, she would like to see a copy of the fu11 application for liquor license applicants. Mr. Ryan described the business. He said he is a Roseville resident and is a former owner of Park Side Lounge on the east side of St. Paul. He has also been a manager of Old Mexico, and Blacky's restaurant, as well as Champ's in St. Paul. He indicated that he is interested in T. R. McCoy�s because it is more of a family restaurant in a night club setting. Councilmember Billings asked Mr. Ryan if he was going to change the name of the building. Mr. Ryan stated that he was not. Councilmember Billings asked if Mr. Ryan anticipated any format changes. Mr. Ryan indicated that changes would be made but that they would be made gradually. He said he expected to change the menu every FRIDLBY CITY COIINCIL MEBTING OF APRIL 19. 1993 Paqe 3 six to eight months. He indicated that there would be no dramatic change in the cuisine that is being offered, such as transforming the restaurant into an Italian restaurant. Councilmember Billings asked what happened to the other T. R. McCoy's. Mr. Ryan replied that the other T. R. McCoy's was located in Woodbury and was sold to a different owner and had a new name. Councilman Schneider asked if we were still requiring information on liquor versus the ratio of liquor to food sales. Mr. Pribyl replied that we were, and that the ratio of liquor to food sales for T. R. McCoy's was in the required parameters. Mr. Ryan stated that T. R. McCoy's has been achieving a ratio of 35 percent to 65 percent liquor to food sales. Councilman Schneider asked if there were any current problems indicated on the background check conducted by the Police Department. Mr. Pribyl replied that no prablems were indicated by the Police Department. Councilwoman Jorgenson asked Mr. Ryan when the opening was. Mr. Ryan replied that they were open at the current time. He thanked the City Council for their time. No other persons in the audience spoke regarding the liquor license application of T. R. McCoy's. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:54 p.m. 2. PUBLIC HEARING TO AMEND CHAPTERS 113 OF THE FRIDLEY CITY CODE ENTITLED, "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION," CHAPTER 220 ENTITLED "RESIDENTIAL RENTAL AND CONDOMINIUM COMMON AREA MAINTENANCE " AND CHAPTER 11 ENTITLED "GENERAL PROVI5IONS AND FEES:" MOTiON by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opened at 7:55 p.m. FRIDL$Y CITY COIINCIL MEETING OF APRIL 19, 1993 PnQe 4 Ms. Dacy, Community Development Director, explained that in recommending this legislation, we were attempting to meet the requirements contained in State laws. She indicated that in extending solid waste collection to multi-family units, we would also be helping to meet the tonnage requirements established by Anoka County. Ms. Dacy indicated that in addressing recycling in multi-family units, a three-part strategy had been adopted. The first part of the strategy is to require the owners of multi-family apartment buildings having between five and twelve units to pay an eighty- three cent per unit quarterly solid waste abatement fee. The second part of the strategy is to require the owners of buildings having thirteen or more units to contract for recycling services and produce a copy of the contract when applying for their annual rental license. The third part of the strategy is to require recycling haulers to report their recyclables by weight and type of material on a quarterZy basis. Ms. Dacy described her meetings with the owners of apartment units and indicated that letters had been mailed by Lisa Campbell, Recycling Coordinator, to all renters in the City of Fridley. Mr. Harold Morrow, from River Falls, Wisconsin, stated that he is the owner of 5440 Seventh Street, a thirty-four unit apartment building. Mr. Morrow thought that extending recycling to multiples was a good idea. He asked, however, why we did not include the thirty-four unit size apartment buildings under the units that were covered by our recycling hauler. Ms. Dacy said that it would be more cost-effective for Mr. Morrow to hire his own contractor than to pay the City's fee. She said that Ms . Campbell had conducted a f inancial analysis and determined that twelve units was the point where it was more cost-effective to allow the owners to contract out individually. Mr. Morrow asked if we had a list of contractors and if we would assist in identifying recycling contractors. Ms. Dacy replied by saying that they could approach their current solid waste contractor, or Supercycle, or call Ms. Campbell for names of other haulers. No other persons in the audience spoke regarding the amendment of Chapters 11, 113 and 220 of the Fridley City Code. 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 8:00 p.m. FR=DL$Y CITY COUNCIL MEETING OF APRIL 19, 1993 Paqe 5 3. PUBLIC HEARING ON PRELIMINARY PLAT RE UEST, P.S. #93-01, BY �1JDERSON TRUCKING SERVICES, INC.. TO REPLAT PROPERTY GENERALLY LOCATED AT 7699 CENTRAL AVENUE N.E.: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:01 p.m. Ms. Dacy, Community Development Director, indicated that the subject property was located at the intersection of Osborne Road and Central Avenue N.E. in Fridley. She described the surrounding zoning. Councilman Schneider asked her to review the zoning to the east of the property. Ms. Dacy replied that the zoning to the east is both C-1 and R-l. She then indicated that the eleven-acre site is currently platted into five lots, and that the plat was approved in 1961. The owners are proposing to make a new plat that would reduce the number of lots from five to three. Ms. Dacy indicated that they are currently negotiating for the sale of Lot 1 to the Fridley Bus Company that is currently located on Main Street just north of Mississippi Street in Fridley. She indicated that the proposed building for the Fridley Bus Company will be 16,800 square feet, and that the company will be sharing a driveway with the owners of Lot 2. She stated that the Fridley Bus Company is anticipating a Phase II building of 13,200 square feet, and a Phase III building of 12,000 square feet. Ms. Dacy indicated that the Planning Commission had approved the plat request, subject to five stipulations, which she outlined. She stated that after review of the site plan presented by the Fridley Bus Company, nine additional stipulations were added by staff. Ms. Dacy said that the Planning Commission was concerned about the payment of water and sewer assessments for the five lots. She said that our analysis determined that the petitioner has paid the assessments except for the sewer assessment pertaining to Lots 2 and 3. She also indicated that documentation was found of an $817 payment, but that was for an engineering escrow account, not for a sewer assessment. She said that the escrow was a performance bond and was returned to the petitioner in 1972. Ms. Dacy indicated that the Planning Commission was concerned about the payment of a park dedication fee. She indicated that in the records, staff found an indication of a$75 park deposit check that FRIDL$Y CITY COIINCIL MEETING OF APRIL 19, 1993 P�ge 6 was paid in 1969, and have assumed that this constitutes the payment of the park dedication fee for the original plot. Ms. Dacy also indicated that the petitioner is proceeding to have some easements vacated and that the petitioner will be coming before the City Council sometime soon. Councilman Schneider indicated that he is concerned with repeating the problem that the Fridley Bus Company has had with its current residential neighbors. He noted that there are residents acrass the street from the proposed site, and wanted to know what assurances there were that there would not be the same problems with the neighbors. Ms. Dacy replied that this was discussed with the petitioner. She said the ordinance will require screening that will consist of an eight foot fence on top of a four foot berm. She indicated that the fence could also be constructed on the east side of the parking area; however, no buses are to be parked there according to statements by Mr. Voigt. She said the petitioner does not want to construct one. She indicated that longer term, the future buildings on Lot 2 will screen the houses from the Fridley Bus Company. Mayor Nee asked if the bus company plans to be situated on Lot 1 or Lot 2. Mr. Donald Voigt introduced himself and stated that he is the owner of the Fridley Bus Company. He said the initial building will contain 16,800 square feet, and upon completion, will house eighteen to twenty buses. The Phase II building will contain 13,200 square feet, and upon completion, will house 30 to 35 buses. He said it is his intention to house all the buses inside the buildings. The Phase III building will be 12,000 square feet and will permit expansion of his business. Councilman Schneider asked whether placing the buses under cover within buildings will correct the noise and fume problems that exist at the present building. Mr. Voigt said that it would. Councilwoman Jorgenson asked if the parking lot east of Lot 1 will be used. Mr. Voigt replied that it would be used for employee parking and occasionally for overnight bus parking. Councilwoman Jorgenson asked Mr. Voigt if there would be problems getting buses on and off of Osborne Road. FRIDLEY CITY COIINCIL MEETING OF APRIL 19, 1993 PSQe 7 Mr. Voigt said there would be no problems and described the proposed traffic flow of buses on and off the proposed site. Councilwoman Jorgenson asked if both proposed driveways were on Osborne Road. Mr. Voigt indicated that they were. Mayor Nee asked how this related to the M-3 issue. Ms. Dacy stated that when the M-3 district was created, trucking terminals were eliminated from M-2 districts. Councilman Schneider asked if the neighbors were notified of the hearing tonight. Ms. Dacy replied that the neighbors on the east and west sides of the project were notified. Councilman Schneider asked if a speaial use permit was required for the project. Ms. Dacy stated that a special use permit was not required since the petitioner told her that there would be no exterior storage of buses. Councilman Schneider asked where the requirements were written. Ms. Dacy replied that they are written in the M-1 section of the zoning code. Councilman Schneider asked if it was Council's only opportunity to ask about the proposed operation. Ms. Dacy replied that it was. Mayor Nee asked what was proposed for Lot 2. Ms. Dacy stated that it was not known at this time. She then explained the use of Lot 3 and that Mr. Anderson is trying to market Lot 2. Councilman Schneider asked how the proposed use of the property conforms to the Central Avenue corridor plan. Ms. Dacy stated that it was suggested that Council consider two alternatives for this area; an industrial alternative and a residential alternative. The residential alternative consists of both townhouse and single family residential development. No other persons in the audience spoke regarding Preliminary Plat Request, P.S. #93-01, by Anderson Trucking Services, Inc. FRIDL$Y CITY COIINCIL MEETING OF APRIL 19, 1993 Page 8 MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:25 p.m. 4. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT NO. ST. 1993 - 2: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:26 p.m. Mr. Flora, Public Works Director, described the streets that would be improved in the street reconstruction program and indicated where they were on a map. He also described the public information meetings held in the various neighborhoods where the street reconstruction projects were to take place. He said that staff explained to the residents that the streets would be thirty-two feet wide and contain curb and gutter and that one side of the street would be posted with "No Parking" signs in order to conform with State requirements. Mr. Flora indicated that the residents were told that the City would assess only the curb and gutter portion of the project, at a cost not to exceed $8.00 per front foot. He explained that there are several areas were there are no assessments, and indicated that there would be only front footage assessments; no side yard assessments. He stated that notices were sent on tonight's meeting to the residents who l.ived in the area of the proposed street reconstruction projects. Councilwoman Jorgenson indicated that when the street reconstruction program was done last year, we considered deferring assessments for seniors until the home the senior live in was sold. She asked if that concept could be applied this year. Mr. Flora replied that that was Council's prerogative. He indicated that this should be done after the construction had been completed and assessments defined and determined. Mayor Nee indicated that he would identify each street involved in the reconstruction project and would ask for any comments from residents. Polk Street - Lynde Drive and Hathaway Lane: No one in the audience spoke regarding this project. FRIDL$Y CITY COIINCIL MEETING OF APRIL 19. 1993 Page 9 Brookview Drive - 67th Avenue and 68th Avenue: Mr. Arthur Medeck, 6770 Brookview Drive N.E., stated that he understood from Mr. Flora that his section of the street project was not to be assessed. Mr. Flora replied that that was correct. Councilman Billings indicated that the tax rolls indicate that there is no assessment for this address. Mr. Medeck indicated that he is concerned with the removal of parking on one side of the street and would like parking left on his side of the street. Mr. Flora Stated that they are proposing that parking be removed on the west side of Brookview Drive as mailboxes and fire hydrants are located there. He did say, however, that the City could go either way. Mr. Lawrence Kappel, 6796 Brookview Drive N.E., stated that he was concerned about being assessed, and that he had no preference regarding what side of the street had parking. Councilwoman Jorgenson indicated that the tax rolls indicate that there is no assessment for this property. Lvnde Drive - Aillwind Road and Polk Street: No one in the audience spoke regarding this project. Monroe Street - 67th Avenue and Rice Creek Terrace: Mr. Michael Norman, 6730 Monroe Street, said that he moved to Fridley to avoid street construction and is against the reconstruction project on Monroe Street. He said the street looks fine to him. He asked why Monroe Street was selected to be in the 1993 program. Mr. Flora answered by pointing out State, County and collector streets on a map. He said the reason Monroe Street was selected is that it was an aged street, with asphalt berms, poor condition is part of the collector system, is very important for snow plowing purposes, and because it acted as a major traffic mover for the City. Mr. Norman asked where the funds were coming from. Mr. Flora indicated that there are a combination of funds, including State money and assessment mQney. . FRiDLEY CITY COIINCIL MEETiNG OF APRIL 19, 1993 Page 10 Mr. Norman indicated that he wanted to avoid the assessment. He said that the taxes are already $100 per month on his property. He stated that his total annual tax bill increased by $200 in 1993. He said he is being assessed for something he and his wife do not need. Councilman Schneider asked Mr. Norman how wide his lot was. Mr. Norman replied 100 feet, and that he would be assessed $800 over a ten-year period. Mr. Flora explained the first through tenth year costs of the project for Mr. Norman. Mr. Norman asked for the rationale for the removal of parking. Mr. Flora explained why the parking was removed on one side of the street. Councilman Schneider indicated that the parking was removed in order to use state MSA money. Mr. Norman asked if his section of the project could be put off. Councilwoman Jorgenson said that we wanted to do that street to preserve the base. She indicated that if we allow the streets to deteriorate to the point where the base has eroded, street reconstruction is much more expensive. , Councilman Schneider asked if we are taking advantage of state money that is available. Mr. Flora explained that if the project is done this year, the property owner will not be taxed until 1994. Councilman Schneider explained that it is more money, but that with the assessment, it is only about $10 per month more. Mr. Norman replied that he was concerned about his entire tax package. He said that the school district levy increase amounted to more than an additional $25 per month. Mayor Nee asked how old Monroe Street is. Mr. Flora replied that it is thirty-two years old. Mayor Nee stated that he wished we could offer the same deal on the street he resided on, Logan Parkway. Mr. Norman asked if it was our goal to c�eate concrete curbs on a11 streets over a forty-year period. FRIDL$Y CITY COIINCIL MEBTING OF APRIL 19, 1993 PaQe 11 Mr. Flora replied that it was. He said that the concrete curbs assist in the collection and distribution of storm water to the storm sewer system. Ms. Jayne Kules, 6730 Monroe Street N.E., indicated that she is married to Michael Norman. She said she had several concerns. She complained about the notification process. She said she found out about the hearing tonight through a neighbor.< She also indicated that she does not see a difference between city/state money. She said that it is all ta�ayers' money. She indicated that she and her husband are trying to repair their home, and she feels that other things need repairing more than the street. She asked if the reconstruction project would be put to a vote. Councilwoman Jorgenson explained that neighborhood meetings were held and a petitioning process completed to gain neighborhood input. She said she was sorry that Ms. Kules did not get a letter. Councilman Schneider asked Ms. Kules if she got a Welcome to Fridley packet when she moved to Fridley. She said she had. Councilwoman Jorgenson explained that the contractor for the street project would be contacting residents on the street to determine whether or not the individual homeowners wanted their driveways resurfaced while the street was being reconstructed. Regis Drive - Reciis Lane and Hathawav Lane: No one in the audience spoke regarding this project. Regis Lane - Reqis Drive and Matterhorn Drive: Mr. John Ward, 5691 Regis Drive, stated that he was not opposed to the street reconstruction but that he was concerned about the process. He said he put in a new driveway two years ago, and he assumes that a portion of his driveway will be replaced as a result of this project. Mr. Flora replied that he was correct. Mr. Ward asked what will happen to the grade of the street. Mr. Flora replied that the grade will be raised about one inch and that the new driveway will be matched to the street. Mr. Ward indicated that he had a Maple tree in the front of his property and wanted to know what the City would do to help preserve the Maple tree. Mr. Flora replied that the contractor will only cut back about two feet into the boulevard, and that this will not impact the Maple tree. FRIDLEY CITY COIINCIL MEBTiNG OF APRIL 19, 1993 Page 12 Mr. Ward asked about access during reconstruction. Mr. Flora replied that Mr. Ward would always have a paved surface to drive on and access to his property except during the concrete curing process. Mr. Ward stated that he had a concern about the potential quality of the work. He said he had some problems in another city with the quality of the city contractor's work. Councilwoman Jorgenson said that if he is worried about the quality of work he should talk to the residents on Hathaway Lane. Mr. Ward said he had done that and was assured that last year's project was of good quality. Mr. Alvars Stumbris, 1200 Regis Lane, asked when the assessment was due. Councilwoman Jorgenson replied that it would be due one year from now in October. Mr. Stumbris asked if we knew who would do the work. Mr. Flora said they did not know at the present time. Mr. Stumbris asked about the contractor doing the driveways. Mr. Flora explained that the contractor will contact him and ask whether or not Mr. Stumbris would like to have his driveway done at the same time as the overlay work is done on the street. Cheri Lane - 53rd to Fillmore Street: No one in the audience spoke regarding this project. FilTmore Street - 53rd to Cheri Lane: No one in the audience spoke regarding this project. 53rd Avenue - Fillmore Street to Matterhorn: Mr. Ray Nelson, 1385 - 53rd Avenue N.E., asked about the contractor's process for improving driveway entrances and how long the contractor would take. Mr. Vernon Munsinger, 1326 - 53rd Avenue N.E., said that the project was a real bargain, but he is concerned about speeding on 53rd Avenue. He said there are no cross streets on 53rd Avenue, and the street has become a race track. He requested that we put a speed bump on 53rd Avenue between Matterhorn and Fillmore. FRIDLBY CITY COIINCIL MEETING OF APRIL 19, 1993 Pa e 13 Mr. Flora replied that we do not put speed bumps on City streets because of liability issues. Mr. Munsinger said that there was a location near Columbia Heights High School that had a speed bump. Mr. Flora said that was an exception, and that they were still reluctant to install speed bumps. Brookview Drive - Mississippi Street to Rice Creek Terrace: Mr. Delbert Harris, 6542 Brookview Drive, stated that his main concern was for two Oak trees in his yard that are eight feet from the existing street. Mr. Flora responded that his Oak trees would not be in danger from the project, since the widening will take place on the east side. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:10 p.m. OLD BUSINESS' 5. ORDINANCE NO. 1009 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION RE4UEST, SAV #92-03, BY BOB'S PRODUCE RANCH; 7620 UNIVERSITY AVENUE N.E.): MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 1009 and adopt it on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. APPOINTMENT TO THE HUMAN RESOURCES COMMISSION (TABLED APRIL 5. 1993 : MOTION by Councilwoman Jorgenson to nominate Clem Coverston for appointment to the Human Resources 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. NEW BUSINESS• 7. RECEIVE PETITIONS FOR THE 1993 STREET RECONSTRUCTION PROJECTS FOR MONROE STREET (PETITION NO. 4-1993), BROOKVIEW DRIVE _(PETITION NO. 5-1993), REGIS DRIVE (PETITION NO. 6-1993). REGIS LANE (PETITION NO. 7-1993). FILLMORE STREET (PETITION NO. 8-1993) AND 53RD AVENUE S PETITION NO. 9-1993}: MOTION by Councilwoman Jorgenson to receive Petition Nos. 4-1993 through 9-1993 concerning the 1993 street reconstruction projects FRIDLSY CITY COIINCIL MEETING OF APRIL 19, 1993 Paqe 14 for Monroe Street, Brookview Drive, Regis Drive, Regis Lane, Fillmore Street and 53rd Avenue. Seconded by Council�an Schneider. � Upon a voice vote, all voting aye, the Mayor declared the motion carried unanimously. 8. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTION 205.04.04.I• Ms. Dacy, Community Development Director, explained that the ordinance is in response to the mandate of the Metropolitan Council that we institute non point source pollution control ordinance. She said that the ordinance formalizes many of the things that we have been doing administratively, including the application of best management practices, and the requirement of a grading and drainage plan. The ordinance will require submission of a conservation plan or erosion control plan which requires that an as-built survey of detention and other drainage facilities be submitted and that a maintenance agreement be provided for the detention and drainage facilities. Ms. Dacy indicated that the Planning Commission and Environmental Quality and Energy Commission reviewed and approved the proposed ordinance amendment. MOTION by Councilwoman Jorgenson to waive the reading and approve the ordinance on first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. FIRST READING OF AN ORDINANCE ESTABLISHING CHAPTER 208. ENTITLED "EROSION CONTROL." TO THE FRIDLEY CITY CODE: Ms. Dacy, Community Development Director, explained that the purpose of the ordinance is to control and eliminate erosion from developing properties and to establish guidelines to limit erosion. They include technical guidelines and the requirement that erosion control plans be submitted with all land alteration and building permits. She also pointed out that the ordinance provided design guidelines for erosion control measures. Ms. Dacy indicated that the Planning Commission and the Environmental Quality and Energy Commission reviewed and approved the proposed ordinance establishing Chapter 208, entitled "Erosion Control," to the Fridley City Code. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � y t �, , . 3z§2�Eia�3iR�izkiiltftstxa3iit7riri�+tit�xiwtia;u�:�w.�;ztz;iiti:ttuiautrs�as�u.x;a;i;a;�.>.auua,suvu�x.xu;; FRIDLSY CITY COIINCIL MEETING OF APRIL 19, 1993 Paae 15 10. FIRST READING OF AN ORDiNANCE RECODIFYING THE FRIDLEY__CITY CODE� CHAPTER 206� ENTITLED "BUILDING CODE," BY AMENDING SECTZON 206.03j "PERMIT FEES," AND RECODIFYING CHAPTER 11, ENTITLED "FEES,,,,�" BY AMENDING SECTION 11.10, "FEES:" MOTION by Councilman Schneider to waive the reading and ordinance on first reading. Secondad by Councilwoman Upon a voice vate, all voting aye, Mayor Nee declared carried unanimously. approve the Jorgenson. the motion 11. MOTION TO REALLOCATE $1,684.40 OF UNEXPECTED FUNDS FROM THE 1991 HUMAN SERVICES CDBG ALLOCATIO TO THE HOUSING REHABILITATION PROJECT: MOTION by Councilman Schneider to reallocate $1,694.40 of unexpected funds from the 1991 Human Services Community Development Block Grant allocation to the housing rehabilitation project. M vES2RR-�-3�CCi��fli�--3-E�9ND. ��.�_.-,u(.�_t� C� ��-�-��z�-1 - J � MOTION by Councilman Billings to strike "housing rehabilitation" from the motion and insert "human services." Seconded by Councilwoman Nancy Jorgenson. Councilman Billinqs asked if Anoka County was bumping up against the maximum amounts allowed for human services funding under CDBG guidelines. Ms. Dacy, Community Development Director, said that she recently talked with JoAnne Wright. She said Ms. Wright notified the cities that they would be able to fund all of the cities' human services requests, and that to date she saw no problem with bumping against a cap. Councilman Billings asked Ms. Dacy if there were any deadlines for reallocation of these funds. Ms. Dacy said there were none. Councilman Billings asked if there were any public hearing requirements for reallocation of these funds. Ms. Dacy replied that they were not technically required in this situation. Councilman Billings asked if we should have a public hearing. He said wouldn't using the allocation for Human Services purposes cause less problems than transferring the money to a new subject area--mainly, housing. Ms. Dacy agreed. FRIDL$Y CITY COQNCIL MBETINa OF APRIL 19, 1993 Paae 16 Mayor Nee asked what Human Services was getting, and Ms. Dacy stated that she needed to verify the numbers. Councilman Schneider indicated that he was against the amendment. He said that Council stated housing was their highest priority. He said he finds it difficult to aoncentrate on too many top priorities at the same time, and he finds further that this is the consistent point that Council has been telling staff. Councilwoman Jorgensan indicated that recently an unexpected $30,000 received in CDBG funding was put into the housing program. She said that the $1,684 are funds that were previously allocated for human services. She said she has no problem putting it there. She said that we need to have a balance between housing and human services. Ms. Dacy said that she will contact JoAnne Wright regarding the requirements for a public hearing. Councilman Billings said that he wants to clearly emphasize that he has no problems with the housing program. He said it was a fine program. He indicated, however, that since the amount of $1,684 was originally allocated to human services two years ago, he prefers to put it there. Councilman Schneider said that he is not opposed to human services, but feels strongly that the number one priority should be housing. MOTION by Councilman Billings to table this item until the May 3, 1993, City Council meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. EXTEND SPECIAL USE PERMIT. S.P. #92-01 AND VARIANCE� VAR #92-02 TO WALTER N. KLUS FOR PROPERTY GENERALLY LOCATED AT 7899 EAST RIVER ROAD: Ms. Dacy, Community Development Director, stated that on April 6, 1992, Council approved a special use permit and variance permit to install gas tanks at the small shopping center located at the intersection of East River Road and 79th Avenue. She said that for various reasons Mr. Klus has been unable ta instaZl the tanks and would like a one-year extension. She recommended a six-month extension subject to three stipulations which she outlined. Mr. Klus stated that he tried to find a petroleum supplier to install and own the tanks, but was unsuccessful in doing this. He discussed the history of the project and indicated that he now has a solution for the installation of the tanks that is acceptable to him and the bank. FRIDLEY CITY COIINCIL MEETING OF APRIL 19. 1993 Pnqe 17 MOTION by Councilman Fitzpatrick to expend Special Use Permit, S.P. #92-01 and Variance, VAR #92-02, to October 31, 1993, subject to the following stipulationsz (1) the variance was for the plan as amended March 17, 1992; (2) Special Use Permit, S.P. #92-01, shall be approved; and (3) an executed lease agreement that provides up to ten parking spaces shall be submitted to the City. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. APPROVE REOUEST BY FRIDLEY UNITED METHODIST CHURCH TO WAIVE TEMPORARY SIGN REOUIREMENTS: MOTION by Councilman Fitzpatrick to approve the request by the Fridley United Methodist Church to waive the temporary sign requirements. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. ESTABLISH A PUBLIC HEARING FOR MAY 17 1993 ON AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, explained that the Charter Commission was working through the Fridley City Charter and was now working on completing Chapter 3. He said the Charter Commission is requesting that a public hearing be set on this item for May 17, 1993. Councilman Billings asked if the Charter Commission would be sending back Chapter 2 without the controversial parts that had been discussed at previous Council meetings. Mr. Hunt said the Charter Commission is still working on it, and that they are using language suggested by Councilmember Schneider to address one of the controversial sections. He said the Charter Commission is also addressing other issues raised by Councilmember Billings concerning Chapter 2 of the Fridley City Charter. Mr. Hunt said that he feels the amendments to Chapter 3 are very constructive. MOTION by Councilman Schneider to set the public hearing on an ordinance amending Chapter 3 of the Fridley City Charter for May 17, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 33-1993 ADOPTING A DRUG AND ALCOHOL POLICY FOR EMPLOYEES OF THE CITY OF FRIDLEY: Mr. Hunt, Assistant to the City Manager, explained the proposed drug and alcohol policy. He said that in 1988 a federal law was FRIDLEY CITY COIINCiL MSETiNG OF APRiL 19, 1993 Paqe 18 passed that requires us to have a policy indicating that we will not tolerate the use of drugs in the work place. Additionally, 1989 state requirements established the need for local drug testing policies. Mr. Hunt said that under the policy before the Council, the City will not tolerate drug and alcohol usage during working hours. He said that the policy establishes procedures for testing for drugs and alcohol where there is a reasonable suspicion of the use of drugs or alcohol. He also said the policy provides for random testing for alcohol and drug use. He said the random tests will impact truck drivers and all employees who have commercial driver's licenses as well as department managers and public safety personnel. Mr. Hunt indicated that he held eleven meetings with various groups of employees. He said that Cyrus Smythe, the City's labor relations consultant, had considerable input into the draft of the ordinance and that our ordinance was compared to several other cities. He said he felt that with the considerable input we have had, our drug and alcohol policy is one of the best in the area. Councilman Schneider asked Mr. Hunt to characterize the reaction of employees at the meetings. Mr. Hunt said the reaction was generally positive. Councilwoman Jorgenson asked who was impacted by random testing. Mr. Hunt repeated the names of the employee groups that would be impacted. Councilwoman Jorgenson asked whether the lifeguards were included. Mr. Hunt indicated that under the drug and alcohol policy, any person on the City payroll for whom there is a reasonable suspicion of drug and alcohol use is covered by the policy. Councilwoman Jorgenson said she wanted to make sure that it affects summer employees. Councilman Steve Billings asked if it covers the City Council. Mr. Hunt indicated that it did. He stated that drinking at different functions such as ANIlK receptions was permissible as long as drinking was considered part of the function. Mr. Herrick, City Attorney, asked about the definition of "under the influence" contained Section II(C)(15) in the policy. FRIDLEY CITY COIINCIL MEETiNG OF APRIL 19, 1993 Paqe 19 Mr. Hunt referred Mr. Herrick to Section II(C)(12) under which the levels of alcohol consumption are outlined as are the technical parts of the State statute. Mr. Hunt then gave examples of the number of drinks allowed for individuais of different weight levels. Councilman Schneider asked if prescription drugs were allowed. Mr. Hunt stated that there is no problem with prescription drugs as long as the prescribed dosages are adhered to. Councilman Schneider pointed out that at prescription levels, firefighters cannot fight fires effectively. Mr. Hunt reiterated a specific policy in use for the Fridley Fire Department. Councilman Schneider said that pharmacists are sometimes inconsistent in applying "do not drive" stickers to drugs, he also has some questions as to how the policy is to be applied. He said he thought the fine points would be worked out as we apply the policy in practice. Mr. Hunt said the key to prescription drugs is if the drugs are used in accordance with the prescription. Councilman Schneider asked what would happen if a councilmember tested positive. He asked if a Council member could be fired. Mr. Hunt replied that it was a matter for the Council to address as a whole and not for staff. He said that is not covered by the policy. MOTION by Councilwoman Jorgenson to adopt Resolution No. 33-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 17. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 48776 through 49031. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF APRIL 19. 1993 Paqe 20 18. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Earl Weikle & Sons, Inc. 2514 - 24th Avenue South Minneapolis, MN 55406 Little League Park Shelter Project No. 234 FINAL ESTIMATE . . . . . . . . . . . . Barna, Guzy & Steffen, Ltd. 200 Coon Rapids Boulevard Suite 400 Minneapolis, MN 55433 Statement for Services Rendered as City Attorney for the Month of March, 1993 . . . . . . . . . . . . . $ 903.90 $ 2,031.50 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the regular meeting of the Fridley City Council of April 19, 1993, adjourned at 9:56 p.m. Respectfully submitted, William W. Burns Acting Secretary to the City Council Approved: William J. Nee Mayor � _ � Cammunity Development Department PI,ANNING DIVISION City of Fridley DATE: April 29, 1993 � �- TO: William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Conduct Public Hearing for Vacation Request, SAV #90-02, by the City of Fridley The Planning Commission conducted an informal hearing regarding the vacation of Broad Avenue at its April 5, 1993, meeting. The Commission voted unanimously to recommend that the City Council approve the vacation of Broad Avenue and its subsequent combination with vacant Lot 26 to the east to create a buildable lot. The Commission directed staff to investigate locating the bikeway/ walkway along the east side of Lot 26 and to work with the Wetterlinds to achieve a solution which would achieve both the City of Fridley's and the Wetterlinds' goals. Discussion with the Wetterlinds The Wetterlinds were opposed to the request because they believed they would not be able to split their property. The Wetterlinds' property is 110 ft. by 300 ft. which affords them an opportunity to create a lot to the rear of the existing single family dwelling unit. Staff requested that the City of Coon Rapids analyze the lot split request with or without the Broad Avenue vacation. If Broad Avenue is vacated, the CIty of Coon Rapids confirmed that the Wetterlinds will have less difficulty in splitting their lot due to the setback requirements in the Coon Rapids zoning ordinance. Staff inet with Mr. and Mrs. Wetterlind c discuss the options presented by the City Wetterlinds agreed that it would be easier : property if the City of Fridley vacated Brc like to acquire a 10 foot wide triangle fr which would provide improved frontage alor Broad Avenue and Lafayette Street (see attac 2). The Wetterlinds also agreed that they bikeway was located on the east side of Lot >n April 29, 1993, to of Coon Rapids. The =or them to split their ad Avenue. They would �m the City of Fridley ig the intersection of hed solution maps 1 and would prefer it if the 26. The Reiersons, who own Lot 25 on the east side of the property, are still determining whether they are interested in buying the lot. They would prefer not to have the bikeway/walkway near them also. Vacation Request, SAV #90-02, by the City of Fridley April 29, 1993 Page 2 Staff maintains the original recommendation that an eight foot bikeway/walkway be constructed along the west right-of-way line of Broad Avenue, unless testimony at the public hearing supports an alternative location. Conveyance Procedure Staff contacted Virgil Herrick, City Attorney, as to the appropriate procedure for conveying the combined vacated Broad Avenue and Lot 26 to a new owner. The attorney recommended that the City of Fridley declare the property as "excess" (ordinance required) as outlined in Section 12.06 of the City Charter and sell the property to a willing buyer. The City could then reimburse itself for the costs associated with acquiring Lot 26. (Please see the enclosed memos from the City Attorney.) Anoka County has also confirmed that Lot 26 was acquired by the City for a"non-specific" purpose as defined in the tax forfeit statutes. The City can convey title free and clear. City Council Recommendation Staff recommends that the City Council conduct a public hearing for the Broad Avenue vacation. Staff also recommends that the City Council direct staff to complete the following actions: 1. Adopt an ordinance vacating Broad Avenue. 2. Adopt an ordinance declaring Lot 26 and the vacated right-of-way as excess property. 3. Combine for tax purposes the vacated Broad Avenue with Lot 26. 4. Negotiate and convey a 10 foot wide triangle to the Wetterlinds along the westerly portion of vacated Broad Avenue. 5. Sell remainder of lot to willing buyer and retain easement for bikeway/walkway. 6. Construct a bikeway/walkway on either side of the combined right-of-way and Lot 26 and install a chain link fence on either side of said bikeway. The City should also work with the City of Coon Rapids to improve the existing bikeway/walkway located in Coon Rapids. MM:ls M-93-241 ■ r=' Wetterlind Solution Map 1 �'i LOT 26, BLOCK C RIVERVIEW HE(GHTS `° MISSISSIPPI BLVD. � � I —� � �—� I L� � 1 ( � i J � Area to be negotiated and � , 27 � � O� CQ�� R�p�Os deeded to the Wetterlind's � I ,� I , C,j Y 1 a o� �R��LE _. o ' � . n 11S P 1j1� �� V'� R `� 21 � �.i R,��EE1G�� S LEGEND �Im� � �'� ~ 2g ° • DENOTES FOUND IRON PIPE �1'� Location of Bikeway_-t � v,,o� � •–,o- �� "� '�� `' 1N 6 p � � 1 I— I� � ��. � � P ,-�. .� La � . . - � O CiiA1NJNK fENCC �- �1 . r`___—'\ /� � \Q � w � �� 22 � Q Maintain 20' Frontage' I �� o � � �-�--------- � 1 I� --------- Q 351 � � 1 �--� � 23 $ m �, CITY OF COON RAPIDS r l � CITY OF ',RIDLEY � 50' � 1, S d � pMpS�NR,V�EW 3 $� 34�33� / � � -� N R�� E 1\ H.� S g o� .. L1� .� o I- N E � �s � �- 1 . � �� -��EE= �- �- � � ��M � � ' O / / �� . � �I � 1 . h . l��ssrss� � �P ��d � 5�� seFb,tc.k ��vG��a �� c.��- s� �,� ��,� —�— - — i �. � �� I � ,� . �� . � � � � _ , _( �o- � � s�n� ��---_,. _� ., . � . Z� f �� , Wetteriind Solution Map 2 �� - La� S i� w��h �,�� P � o� ,�jro� � /��i�i -� �,d�� (�xc� f �. Zo '� � � �� y �� •_ '. _� � �� S�i�e. Rs o�h� o�h� � � �� , f. - �_ � � � � 0� c� 1 C � / ='�C) � /�i� � a. MEMORANDUM TO: Barbara Dacy FROM: Virgil C. Herrick RE: Disposal of Lot 26, Block C, Riverview Heights DATE: April 6, 1993 This memorandum is in response to your inquiry dated March 18, 1993, regarding the above subject. It is my understanding that the city has acquired the above parcel and wishes to sell it together with a vacated road easement which when combined will make a buildable site. I further understand that the council wishes to use the monev obtained from the sale for the scattered- site acquisition program. You have asked me a number of questions which I understand to be as follows: l. Should the property be sold by the City or transferred:- to the HRA? 2. What restrictions are there on the use of the proceeds of the sale? and 3. What procedure must be followed in selling the property? It is my opinion that the simplest procedure would be to have the City sell the above parcel and the vacated easement. The sale would have to be made pursuant to Section 12.06 of the Fridley City Charter. This section requires that the City sell the property by an ordinance. It further states that the proceeds shall be used to retire any outstanding indebtedness incurred by the City in purchasing the property. You indicated that the City paid $1,902.51 in acquiring the property. Technically, this «<vi12y 'viiaS �iai� fra�n 2i:iS�iiay iui..�a aI1Ci i8 Ilt�.}, ct CUi��iit indebtedness, however, it is my opinion that the City could reimburse the general revenue for this sum of money together with any expenses that it has incurred in holding the property or in conducting the vacation of the adjoining easement and the cost of selling the property. Any balance remaining could be used by the City or transferred to the HRA to be used for the scattered-site acquisition program. Public bids are not required for the sale of this property. If the City sells the property it should conform to the requirements of Section 12.06 of the Charter. If the property is transferred to the HRA (which I do not recommend), the HR.A can dispose of real estate subject to the terms of Minnesota Statute 469.029. I have recently done a memorandum for the Columbia Heights HR.A on 1D the disposal of real estate. I am including a copy of that memorandum to you. This outlines the procedure for the HRA to follow in the sale of real estate. I hope the above answers yours questions. If not, please contact either Greg or myself. Virgil C. Herrick pmg enclosure 1E 0 MEMORANDUM TO: Grant F. Ernelius Columbia Heights HR.A FROM: Virgil C. Herrick RE: Sale of HRA Property DATE: March 19, 1993 This memorandum is in response to your telephone request for information regarding the procedure to follow in the sale of vacant scattered residential lots owned by the HRA. You asked me whether it was necessary to obtain bids on the sale o� these properties. It is not necessary to obtain bids before the HRA sells the property, however, there is a statutory procedure that must be followed. This is outlined as follows: Minnesota Statutes 469.029 is a part of the Housing and Redevelopment Statute. This section is entitled Disposal of Property. This section provides in part as follows: 1. The HRA in accordance with its redevelopment plan may sell vacant property at a price that takes into consideration the estimated fair marke� value of the land. 2. Any such sale may be made without public bidding but only after a public hearing. A public hearing requires a published notice by the HRA at least once not less than ten days nor more than 30 days prior to the date of the heax-ing. 3. Every sale shall provide tha� the purchaser shall carry out the approved project area redevelopment plan and no use shall be made of the land which does not conform to the approved plan. The HRA in the sales document may include terms and conditions which will provide assurance of the use consistent with the plan; the HRA may also require assurance of financial and legal ability of the purchaser to carry out and conform to the plan. These provisions may be obligations that will run with the title to the land. 4. Until the HRA certifies that all improvements have been finished in conformance with the plan, the purchaser shall not convey the area without the consent of the HRA. � 1F � . 5. As security for its fulfillment of the agreement, the HRA shall require the purchaser to furnish a performance bond with the surety as the authority may approve. 6. Subdivisions 9 and 10 of Section 469.029 relate to the sale of properties to persons of low and moderate income. Subdivision 9 provides that the property shall be made available at a price which may take into consideration the estimated fair market value of the real estate as determined pursuant to Section 469.032. The sale at the estimated fair market value is not mandatory. 7. Subdivision 10 requires the HRA on or before December 31st of each year to take a survey of all lands owned by it and to determine what lands are in excess of foreseeable needs. A description of each parcel found to be in excess shall be made a matter of public record. Any low or moderate income residents or non-profit housing corporation shall upon request be provided with a list of the parcels available. 8. Section 469.032 provides that prior to the sale of land in a project area the HRA shall determine the price at which it will sell any parcels and place an estimated fair market value upon each piece or tract. The section states that the value may be made by two or more appraisers, or it may be done by the appraisal service of the municipality. This provision is not binding upon the HRA. CONCLUSION The HRA can sell these p�operties without taking public bids. The statute suggests than an appraisal be obtained but the authority is not bound by the appraisal and may sell the property for a lower figure. It is required that notice and a public hearing be held before the sale or disposal of the property. I believe that this answers your question. If you have any additional questions, please give me a call. 1G � �► STAFF REPQRT APPEALS DATE C� 1 I �F PLAM1tVG CO�NNSSION DATE : May 16, 1990 F[ZlDLEY CITY COl�lq� DATE March 24, 1993 �� /dn A ril 5 1993 � REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONfNG ADJACENT LAND USES � Z�� im�rnE$ PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREI�NSNE PLAN COMPAT�ILITY WITH ADJACENT USES � ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATlON APPEALS RECOMMENDATION PLANNING COMMISSION 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. Vacate:$road Avenue and combine with Lot 26. 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M � � � �� 1 r, ✓of • "v i , .:.� � •u>; .ai 'in� :, } �. 2 .. , s�� s •��` �;*i �'wS,�C� i� , _� ' � �- .. . « � • Rl ,yV� �ro�,�i� ` 'ti� t� 4 FA1 MON ,"' � �` ' .�, K � ,� • ,„ ' 1N '. ♦ � p � � �V / 'J r i�{"'� �� r • � �� . »{«'b . ` �w• �f ,/' � .yJ' �� ,� � .�� „ ""''' w��," 'w''' � � � , � � i�',3 � � ,_. :.�.� � � �►%� ��. � �' Ti�E� ~• �°� .��. �CIRCLE j1." °•� � 1 ' S �,� ;.,�: p•�.t�� $ ;� �-� 'CIR� �' ° �'�'t 13 ' " . :� �. � . ; : , � L« "' � . � � � '• �� , : � ',�rCr � � �^� � �. �..wv . _.R:� 1 lAA 11 L4CATI�N MAF � `- SAV ��90-02 City of Fridley City of Coon Rapids' - -u 1 J ZONING MAP � � Staff Report SAV #90-02, by the City of Fridley Page 2 Reauest 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. This is in response to an offer from Mr. and Mrs. Gerald Reierson, owner of 621 Lafayette Street to purchase Lot 26, Block C, Riverview Heights. Lot 26 is a tax forfeit lot and is currently owned by the City of Fridley. 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 the 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. Analvsis � 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 Fridley 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 wouid 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. 1K 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-of-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, the Coon Rapids property to the west is in a different. plat. Therefore, the entire right-of-way will 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 pedestrian 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: 1. 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 reserves a 15 foot bikeway/walkway easement over a portion of the proposed lot? 1L Staff Report SAV #90-02, by the City of Fridley Page 4 _ 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 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 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 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 �ith the adjacent p�operty. 1M Staff Report SAV #90-02, by the City of Fridley Page 5 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 Engineering Department has 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 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 Programs 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. This 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. 1N Staff Report SAV #90-02, by the City of Fridley Page 6 Recommendation 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. Planning Commission Action The Planning Commission voted unanimously to recoYnmend 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. Staff Update Staff completed research on the issues discussed by the Planning Commission at its April 5, 1993 meeting. BikewayJWalkway Staff investigated the cost to install the bikeway along the east lot line of Lot 26. The cost to install an 8 foot path is $1300. A narrower path would be less expensive and would minimize the impact to the trees on the lot. The Commission also inquired as to the cost of a 6 foot high chain link fence as opposed to a 4 foot high chain link fence. For Option 1, the path on the west side of vacated Broad Avenue, the fence would cost $4200. The Option 2 fence would cost $2760. The Reierson's prefer a six foot fence for added protection; however, it should be noted that a taller fence creates more of a "tunnel". Wetterlind Lot Split Staff contacted the Planning Staff in the City of Coon Rapids to request their assistance in order to analyze the possibility of splitting the Wetterlind's property. This analysis was conducted with two scenarios in mind: 1j Broad Avenue not vacated, and 2) the vacation of Broad Avenue. 10 Staff Report SAV #90-02, by the City of Fridley Page 7 If Broad Avenue is not vacated, the setback requirements of the zoning district would leave a buildable area of 20 feet on the Wetterlind's property. This would require the granting of variances or the rezoning of the property prior to the construction of a dwelling unit. If Broad Avenue is vacated, the setback requirements allow a larger buildable area, whereby no or minimal variances would be reguired prior to the construction of a dwelling unit. In addition, if the City of Fridley were to deed a 10 foot triangle from the vacated right of way to the Wetterlind's (at a negotiated price), access to the lot and the lot's aesthetics would be improved. Property Conveyance The City Attorney has indicated that the City should conduct the excess property procedure as outlined in Section 12.06 of the City Charter to convey the property to a new owner. The City would have the right to reimburse itself for any expenses incurred in the process. The City would then convey the remaining proceeds to the HRA for the scattered site acquisition program. Citv Council Recommendation Staff recommends that the City Council conduct the public hearing for the vacation request. 1P SAV �690-02 L O T 2 6, B LO C K C �ity of Fridley RlVERVlEW HEIGHTS � MISSISSrPPI BLVD. � � I �� —� I L� � 1 � � I � I � I + 27 � Ds � � � �� C��N R �p` i �� I �0 50' ( `� OF �Rt�LE� .. ti i � 2�S p G '` � � . ( 21 � E R v � S + ��I'._�, R1 HE�GN� LEGEND � � � I�° � 26 � � DENOTES FOUND IRON PtPE i i �i �', 25 �,_— ��-,� , � � �_ ��R i �� ""�� -,�,_a Q �A �(E��E FA � P ,,..ac _ p �,�- Lt -e �� . . . � - - - - - , O CHNIUNK fENCE X . . „/" .. . . . \ �� \Q e a (�j �' � �5 22 � Q � � �� n I 1 �—�--------- �� 35� (� O ( 11�— I 23 �` � �1 � CITY OF CQON RAPIDS r, � CITY OF 'RIDLEY I 50� � `' P S� N'�� t E W 3 gf � c�,� 33 � -�'"� T N� M R � � E R� N� 5 sa � 3 �, r .P H E � � s° � �r--- �-- a� �� _ �� S,�R�� .�-� Ki�g A� � � �— � � O_ / �� 1Q _ ,8� --�� , �-- � � � � N ! � � I�S IN SAV �C90-02 � City of Frid% 5� � z� �- , x g,43�, w U X � � —' z '' W � � � I_s_ � � O � � � � X r-- r— z `� `� � � � z Qx _ U X I�9'-�0�, �.6 P 5 _ 6,� � x � � Area of Bikeway/Walkway Easem�nt � s 1R C _ � �� Fridlev 621 Lafayette 611 Lafayette 591 Lafayette 630 Lafayette 612 Lafayette 605 Kimball = Coon Rapids Lot Areas of Adjacent Parcels = 5,500 square feet = 5,500 square feet = 13,200 square feet = 8,250 square feet = 11,000 square feet 10,900 square feet 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 1S . CHIEF BUILDING OFFICIAL Thomas Blazina Education: BA Public Administration/Economic-Industrial Development St. Cloud State College Certifications: 1989 Plans Examiner, ICBO 1988 Building Inspector, ICBO 1976 Class II Building Official, State of Minnesota Em�loyment: 1989-93 Plans Examiner/Assistant Building Official, Brooklyn Park 1984-89 Building and Housing Official, Northfield 1979-84 Maintenance 5upervisor, Hanna Mining Company, Keewatin 1975-79 Building Official/City Planner, Hibbing A. � C. SAC3 CONSULTANT PRESENTATION MAY 3. 1993 Southern Anoka Countv Communitv Consortium: 1. 2. Fridley; Columbia Heights; 3. Hilltop; 4. 5. Anoka County; and, School District Nos. 13 and 14. Grou Mission: 1. Understand our communities' strengths and � weaknesses. 2. Recommend goals and strategies to address needs identified in Phase i. 3. Obtaining funding for prioritized goals and strategies. Consultant; Richards�n Richter and Associates: 1. 2. $15,000. April 1, 1993, to December 31, 1993. 3. Scope of work: a. Analysis of socioeconomic indicators. b. Coordination of focus group process. c. Development of a collaborative work plan. 2 RESOLUTION NO. - 1993 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #93-03, TO CREATE TWO SEPARATE PARCELS GENERALLY LOCATED AT 260 LONGFELLOW STREET N.E. wHEREAS, the City Council approved a lot split at the , 1993 meeting; and WHEREAS, such approval was to split property into two separate parcels, generally located at 260 Longfellow Street, legally described as follows: Parcel l: Lots 29, 30, and 31, Block 3, Spring Brook Park, Anoka County, Minnesota, and together with the North Half of the vacated alley adjacent to said Lots 29 and 30, Block 3, Spring Brook Park, lying between the Southerly extensions of the East line of said Lot 29 and the West line of said Lot 30, in said Block 3, Spring Brook Park, Anoka County, Minnesota. Parcel 2: Lot 28, Block 3, Spring Brook Park, Anoka County, Minnesota. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split the property into two separate parcels. 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. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK • • • 0000� � CONSTRUCTION C0. ESTABLISHED 1916 IRVINE, CALIFORNIA April 29, 1993 `� ■ MINNEAPOLIS, MINNESOTA ■ City of Fridley Community Development Dept 6431 University Avenue Northeast Fridley, Minnesota 55432 RE: Special Use Permit #82-12 Crushing Reclaimed Concrete Gentlemen or Mesdames: �� o . � > 0 � S . B/' IME1;1��;.. •� Y t • DENVER,COLORADO At the April 28, 1993, Planning Commission meeting, extension of our Crushing Permit was approved with the added stipulation that Park Construction Company present a plan in writing, as to how questions and or complaints during the crushing and removal of crushed product will be handled. Our plan is as follows: Should the City receive a formal complaint, either verbally and/or in writing, an officer of Park Construction Company will address this issue at our site with the presence of a staff inember of the City of Fridley and the complaintant. At this meeting, Park Construction Company will cooperate with the complaintant in a reasonable way within the five (5) stipulations of the permit and the existing laws that prevail. S' cerely, 1 �,;!�'l-GC�t�, �i' ` '� RICHARD N. CARLSON Chairman RNC/rk 7900 BEECH STREET N.E. ■ MINNEAPOLIS, MINNESOTA 55432 ■ PHONE (612) 786-9800 ■ FAX (612) 786-2952 - AN EQUAL OPPORTUNITY EMPLOYER - � � C�TY OF FRIDLEY FRIDLEY MUN[CIPAL 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 map). 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 Fridley Municipal Center, 6431 University Avenue N.E. If you have any questions regarding this subject, please contact me at 572-3593. Sincerely, �� Michele McPherson, BLA Planning Assistant MM/dn C-93-44 1T CI'I'Y OF FRID7�Y . 6�31 t�1IVEf?SITY AVENf� N.E. FRID�IEY, 1�T 55432 �mity Develo�xnent Deparbemit (612) 571-3450 .. _... _.».,. �. �....... �TI�T APPLIC7,TION 1�0�[+I -•• • �+•� � i • •, r• •: - . _. _. . . �� - - _ � _. •.. - _�. •,:�« • •i �T�Li_.� i..1�� L�I `/�.. .�:// ' � � • • • � • •, �� i � �r .'. �� /i � �.a" o�� •�« • • • a �i - • •- .r a• � �.��/.� // /'/�l�f � � � II�tiR't�TIO�i , I U � V (Contract ^Pumhasers: Fee Owners nnast sign this fozm prior to prooessing) /l.r �i _A � i _ `� 1 E��'MY�41 y. � ►1� SIGt�1ZURE -- OATE PEPITI��Ft II��I03�T N�1ME . � �� }• ' �� s ��, a r.►r_ t 1: a Fee: $150.00 c/ P�rmit SAV # / � � (� � Reoepit # Applicatioaz i�ived by: Sc�eduled Plannir�g Ocatrtnission date: � � Sc3�eduled City owt�ci.l date: 0 ..�..�.�.w._.._.M............ _�..�_..�.....,�....�..,....�..�....�.k.,............,_.,...��_�.,..�..��...,.�....�_�_.._..�_�_ 1U �OO H �RAPI BESOLIITION NO. 90-70 � A RESOLITrION CONCII�iING THE PROPOSID VACATION OF A PORTION OF BROAD AVENUB BY TfiE CITY OF FBIDLEY W'HL'R�AS, the City of Fridley has requested comments from the City of Coon Rapids concerning a proposal by the City of Fridley to vacate that part of Broad Avenue that lies within Fridley; and W'iiEREAS, in 1971� the City of Coon Rapids, after receipt of petition, closed that portion o£ Broad Avenue within the City of Coon Rapids, but in 1974 constructed a pathway to allow pedestrian access; and WI�REAS, the City Council, after due deliberation and consideration of staff recommendations, finds that the continued maintenance. of sai@ pathway is feasibZe, necessary and convenient to its citizens, as well as to the City's neighbors in the City of Fridley. � � NOW, THEREFORE, BE IT RESOLVED, by the Coon Rapids City Council that the City of Coon Rapids will not oppose the proposed vacation if a - pedestrian and bicycle pathway easement is maintained and if the lot abutting the easement on the west retains at least twenty feet of frontage on Broad Avenue opposite Lafayette Street. ��'i!��/✓ . �� Richard S. Reiter, Mayor ATTEST: �I_ — _ _ _ f _�_ r,a.►�,�:>.��a.a��':,�.� i;,� � �-. . - - -.- 13i 3 COON RAPIDS BOULEVARD, COON RAPiDS, MINN��A 55433-5397 (612) 755-2880 • FAX (612) 780-6421 6127806464 SE�'V"C SY � COQ� R.aP [ DS C i TY �C�C� � �� ; 3-19-93 ; 9�48AA9 ; INT�tUDUGTIUN 612/754-9403� 812 571 1287;# 2/ 5 �d T4: Mayor� CSty C.ouncilmcmbcrs, t�ty Manx r � �ROM: Evelyn Turner, Zoning Administrata E.�i�:�1 � DATE: Vaca,6on af Broad Avenue in t�ity of Fridley March 23,1993 The City af Fridley is (again) proposing to vacate that part af Broad Avcnue between Lafayette Street and Mississippi Ba�ulevard that lies within �ridley. pISCUSSIaN The vacated right af way would tre cc�mhir�ed with the adjacent subsiandard lot to fo� a buildable parcel. This vacarion was �rst propos�d in 1.99�. At that time Resolution 90-70 was adapted expressing support for the vac�tion if � pedestrian and bicycle path e�seriaent were maintained and if the adjac�nt Lat 21 retained ZO feet of &ontage on Broad Avenu� sc� it couid be split into two Iots if the owner desired. (A capy of the xesolution and Staff repart is attachetL) At this time Fridley is proposin� not only to provid� the eascment but also to im�rovc it with a fence and paved path connecting to the paved path in Coon Rapids. They �re proposing to plac� the gartion of the new paih that wylt run east-west within Fridley. I suggested that it might be placec� {within Broad Avenue) in Coan Rapids. This could be donc without remaving any tY'ees and wauld make the Fridley )at more attractiv�. If Fridley wants ta da this it can be h�ndled administrarively. Lot 2i would be lE�t with onty 18 feet of frontage on �road Avenue. I pointed out the previaus requ�st for 20 feet to Fridley Staff. The Fridl�y Planning Commission is holding a pubiic he�ring an this on March 24. We forwarded notiees to Coon R�pids residents within 350 feet. � • ' • ' � No action is required unless Cauncil wishes ta changc its position ori this matter. Staff will farward Resaiution 90-70 to Fridlcy_ Respectfully submitt�d, ��.�� Eve Turner Zonin� Administrator � 1313 COON RAPIDS BOULEVARD, COON RAPIOS, Mi+� `rr•F, 55433-5397 (612) 755-2880 • FAX (6i2) 780-642� 6127806464 SE7�tT BY = COON RAP [ DS C i TY ; 3-i9-93 ; 9:49A1N ; 812/734-9�Q3i 612 571 1287;# 31 5 � _ . � � � MISSISSI�(�i BL1/D. � • � � �� . � � �~ R ` • - � I �� 1 � l I : � � • �z7 � . P�os R� I . ; � I ��.� o� co°� , . ! i� �o, � � F ��o�-�� I j� ,' CI� �� R v ��, W . ; 21 �': -r, - �1� �,��-� S ..� � N I.EGEND � ' �� p q • DENOiES fOUND IRON Pll�� . �� Z� 1zs f�--� R��.� j� � ,,� `�� -,� ;�.1-- Y�-�-�� S� �- • r� A ...� A � o � �k �« � �. .�-� �-�----- ��--- ---� - I `Q `�-� �1 I �5 �z � � � � �. � + 1 F-� --__= --__ �o - ��1 � �� `t � 1 r.—� o . 1 , 23 °a r�l c;r�r oF cooN aap�fls I� 1 _ C(�l' C3F R1DL�Y 5�� l .� g � � �� t �. �- �P�aNRVt�w 3 ��-c 34� t � � ��° R�`��' � �SS �` f �-�� a .r-- H � � � � � f-- f : � � r..� �-�R�E,� � �-- ��g p=L _ �-- � � � 1X � TO B� VACATED + . • EXISTiNG PATNWAY � � MUNICIPAL $OUNDARY 61278fl64b4 SEIVT BY�COON RAPID5 CITY �� A�'i ; 3-19-93 ; 9�49AM ; 612/754-9443-� 612 571 1287;# 4/ 5 ; • � �I!y � +� �o: FRQM: svaTECr: DATE: Mayor, City Caur�cilmembers,� City Manager Evelyn Tux�er, Zoriing Admini�tra�ar V�cation of S�oad Avenue in Ci�y of Fridley MSy 22� 1_ 990 The Cfty of Fridley has request�d comments From Goon Rapids on a praposal by Fz'idley ta vacate that p�rt af 8road Avenue between Lafayette Street and Mississipp�. Baulevard that li�s witY�in Frid�ey. (S�e attaahed m$ps.j pzscuss�a�t This block t�f Bra�d A� and pedestrian path. 7 Rapids City �ouncfl �ft� the area. The pathway between residents wha wanted it ]�ep� closed Fridley rtot to va��tte t allows north-south t�av� enue is uni�apraved except for 2+ bicycle �he �treet was cic��e� in 1971 by t�he Caan ir receipt af a�etitian fram r�sidents in w�s cona��t.toted �n 1474 as a campromise wanted tl�e road reopened and thos� .wha , It also r�spanded ta the desire of he right of way at that time. �his pa�h �1 witlaout using East River Ro�d. Dennis Wett�rlind, owner af the maintains th� entire ]r�ght of wa Laf�yette Street as yard. He h portia» Fridlsy praposes ta vac� Street was ereeted by Caon Rapids Howev�r, as was made cle�r ta �! �rom the Ca�n Rapids City Manger, the ric�ht of way' wexe dane �t his adj acent Lot 21 in Coon Rapids, y from Mississippi Boulevard ta �s f�naed the eas� �dge of the ►te. (T`he fence alorig I,a�ayette �� pa�et af the street closirig. ) 'r. i�r�a�terl3nd in a 1.97� letter �ny �.mprovements constructed �.n ow7n risk. The purpose of the v�cation is �a enlarge the lot on the nart�east coXncr of La�ayette Street and Bra�d Avenue �o it is buildable. The Fridley Planning Camrnissian h��fl a public hear�.ng an this m�tter vn May 16, 1990. Fridley St�ff indicates that 11 neighbors attended. Mr. Wetterlind, through his attarriey, expressed the desire to see th� current arrangemeri'G maintained. The other rieighbars w�nted to ��e pedestria� l�CC��S maintail'ied. The Planniny carnmissian pastpon�d action �nd requested input fram the Coan Rgpids City Council and more informa�ion fram its staf�. � 7313 CODN RAPIDS 60UGEVARD, COON RAP{D�.1, Y:::SpYA 55433-5.387 (C12j �55-2860 PLANNING COMMISBION MEETING MARCH 24, 1993 PAGE 7 1. 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. for Lot 1 and $3,987.16 for Lot 2 shall be pai at the time of the issuance of a building permit. 3. The owner of Lot 1 shall ex ute and record against both Lots 1 and 2, Block 1, derson Development Replat a maintenance agreement ich ensures that the owner of " Lot 1, Block l,,sh 1 maintain the private sewer lie located on Lot 2. 4. Permits for e number and location of driveways shall be obtaine from Anoka County prior to issuance of a building ermit. 5. The imum number of access points onto Osborne Road sha not exceed three. IIPON A ICE VOTE, AI�L VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLA THE MOTION CARRIED IINANIMOIISLY. Ms McPherson stated that on April 5, the Council will set a public aring for April 19, 1993. 3. VACATION REQUEST, SAV #90-02 TO VACATE BROAD AVENUE NORTH OF LAFAYETTE STREET, BY THE GITY OF FRIDLEY {tabled)� MOTION by Mr. Saba, seconded by Ms. Modig, to remove this item from the table. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. 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 Coon Rapids/City of Fridley border and 1Z I ' PLANNING COMMISSION_MEETING, MARCH 24, 1993 PAGg 9 3. 4. 5. � 7. eliminating the need for the easement along the northerly property line. 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). 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 of relocation, however, the cost should b�e minimal. 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. 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. 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 $1,900 for delinquent special assessments in 1986. The Engi�eering Department has 1AA PLANNING COMMISSION MEETING. MARCH 24, 1993 PAG$ 11 would depreciate their property. They hope the City will give them some consideration. Ms. McPherson showed on the map how City staff 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 looking 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 $10,000 to Mr. Wetterlund and Mr. Reierson? She stated this piece of property gives the HRA a property for scattered site acquisition for a single family home. It is getting more and more difficult to find places in Fridley to build single family homes. Mr. Wetterlund stated that this would still depreciate his property. It also cuts off his rear lot. Ms. McPherson stated that currently Mr. Wetterlund's lot has approximately 18 feet of frontage between where the City is proposing to vacate Broad Avenue and the lot to the south. The City of Coon Rapids has requested that the City of Fridley work to provide Mr. Wetterlund with the minimum 20 foot street frontage, so that if Mr. Wetterlund chooses at some time to split his lot, he would have the required street frontage. City staff believes that is possible. Ms. Dacy stated that in 1990, the neighborhood wanted the bikeway/walkway con�ection. If a new bikeway/walkway is constructed and the City acknowledges Mr. Wetterlund's reguest, instead of constructing it on the west side of the street next to the Wetterlund lot, it could be constructed on the east side of Lot 26. � �� PLANNING COMMISSION ME$TING, MARCH 24, 1993 PAQE 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 lot. 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. Ma�be in the process of 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, AI�L VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY 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 schedule April 28, 1993, to meet with the CIty Council. 1 CC Moose Lodqe No. 38 to rezone the north 95 feet of Lots and 15, Brookview Addition, except the west 22 feet of th rth 95 feet of Lots 14 and 15, Brookview Addition, and al e south 95 feet of Lots 14 and 15, Brookview Addition, e pt the west 22 feet of the south 95 feet, from R-3, Gen ultiple Dwelling, to C-2, General Business, generally ated at 6875 Highway 65 N.E. IIPON l�i VOIC$ VOT$ L VOTINa 11YS, ACTINQ CHAIRPERSON SABA DECLARED TH8 MOTION C ED IINANIMOIISLY. Ms. cy stated that at the June 4 meeting, the City Council will ablish a public hearing for June 18, 1990. 2. CONSIDERATION OF A VACATION SAV #90-02 BY THE CITY OF FRIDLEY•. To vacate that part of Broad Avenue lying north of the westerly extension of the southeast line of Lot 26, Block C, Riverview Heights and lying southerly of the westerly extension of the northwest line of said Lot 26, Block C, Riverview Heights, generally located north of Lafayette Street and south of Mississippi Boulevard. Ms. McPherson stated the purpose of this meeting is to gather as much testimony and information from the surrounding property owners as possible. The Fridley City Manager is working with the Coon Rapids City Manager regarding this issue, so staff is recommending that the Planning Commission not take any action at this meeting, but rather just gather information from the neighborhood. 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 in Fridley and ends at the Coon Rapids/Fridley border. This is in response to a letter the City received from a neighbor and property owner, Gerald Reierson, 621 Lafayette Street, who offered to purchase Lot 26 from the City for approximately $500. The City is looking at possibly combining Lot 26 with the vacated right-of-way to create a buildable lot for a single family home. Ms. McPherson stated the site is currently zoned R-1, Single Family Dwelling, as is the surrounding properties to the north, east, and south. Currently, within the right-of-way, the neighbor to the west in Coon Rapids has fenced and maintained the public right-of- way. In addition, there is a foot path along the east line of the right-of-way which connects to a five foot bituminous bikeway/ walkway which the City of Coon Rapids constructed in 1974. Ms. McPherson stated the previously mentioned fence was constructed in 1971. In 1973, the City of Fridley received a similar vacation request from Kay Olson, the previous owner oF Lot 26, before the City of Fridley acquired it as a tax forfeit lot. This vacation was never completed. In 1974, the City of Coon Rapids proposed to � � PLANNING COMMISSION MEETING, MAY 16, 1990 PAGE 11 to Lot 26 and half added to Lot 21 in Coon Rapids, would Lot 26 still be a buildable lot? Mr. Michele stated it would not be. It would still below the 9,000 sq. ft. minimum buildable lot size. Mr. Dahlberg asked the intention of the City of Coon Rapids relative to the remainder of the right-of-way between Mississippi Boulevard and this area that is question? Ms. McPherson stated the neighbor to the northwest currently has a concrete driveway constructed within the public right-of-way, and the bituminous pathway runs along the easternmost right-of-way line. At this time, staff does not know the true intentions of the City of Coon Rapids, however, they know that the Coon Rapids City Manager is going to be discussing this item on May 22, 1999, with the.Coon Rapids City Council in response to a letter the Fridley City Manager, William Burns, sent to him raising some questions about this issue. Mr. Jerry LaPlante, 604 Lafayette Street, stated that he was at the Coon Rapids City Council meeting when the owner of the west lot fenced off that property. The neighbors protested, and the City Council made the owner put in a gate. The owner also built a slab for parking, and the City Council said he could use that land, but he did not own it. Mr. LaPlante stated he understood that Mr. Jerry Reierson has offered to buy Lot 26. He stated he found it ironic that all these years that lot has sat there doing nothing; and now when the City receives a request from someone who wants to buy it, suddenly the City has other options for that lot. Why nat give it to the neighbor who is taking good care of it? He stated the neighborhood uses this walking path a lot. They go to the park in Coon Rapids where there is a ballfield. He doesn't want to have his children walking along East River Road where there is no sidewalk. He thought Jerry Reierson is going to be an asset to their neighborhood and he should be allowed to buy that lot. Mr. Allen Chiodo, 8410 Palm Street, Coon Rapids, stated he is also the Chairperson of the Coon Rapids Parks Commission. He stated this is one neighborhood, not the Fridley neighborhood and the Coon Rapids neighborhood. Their children go to school together, and it is the Adams community. The path is a major thoroughfare for their children, and without that path, their children would be forced onto East River Road which would be an unsafe situation. Some type of path has to be maintained in this area. If there is no pathway, then the spirit of community would be broken. Ms. Shelly Brown, 8330 Broad Avenue, stated her pathway. She sees the traffic going through there, is used heavily. Her seven year old daughter 1EE home faces the and the pathway uses the path � �LANNING COIrIIYiI88ION KEETING, MAY 16. 1990 PAGE 13 did fence in the south portion of this property and also on the east portion. They have also maintained this property for many years and has helped keep the path clear. Obviously, his clients would take a very strong exception to any action by the City of Coon Rapids that would affect his present driveway which is located on the property directly to the north of the property being discussed. Mr. Bunin stated the City of Fridley should very strongly look at how practical it is from all aspects to really use this particular property as a new buildable lot. He thought having two individuals who are interested in a property would allow the City to sell both portions needed to maintain the pathway, and everybody will benefit. Ms. McPherson stated a copy of the letter Mr. Bunin referred to was in the Commission's agenda. Mr. Jerry Reierson, 621 Lafayette Street (Lot 25), stated it would greatly benefit him to be able to acquire Lot 26, so he can enlarge his house which he cannot do now without the granting of variances. He stated there are a lot of little houses on Broad Street, and he would like to upgrade his little house and make it a nicer home for the neighborhood. Right now, the size of his home is just barely livable. He would like to see the property remain as it is, with the pathway open. He would like to see the pathway extended into Coon Rapids to make a nice walkway. The neighbors have kept the area nice. He believed it would be a great expense to the City to have the power poles moved and the other things that are needed to be done to make that property a buildable site. Ms. Schreiner asked if there are any utility lines located within the Broad Avenue right-of-way or Lot 26? Ms. McPherson stated she could not answer that question at this time. She would check that with the Engineering Department. She stated the Engineering Department has requested a 15 foot sewer and utility easement along what would be the westerly line of the right-of-way. Ms. Sherek stated she had several questions she would like to ask of staff: 1. If the City vacates the right-of-way and combines it with Lot 26 to create a buildable lot, what will the size of that lot be in terms of square footage? 2. How will the lot area of the progosed buildable lot compare to other lots in the area? Will it be approximately the same size or larger? 1FF pLANNINQ COMMIBSION MEBTING. MAY 16. 1990 PAGE 15 that entire area could possibly revert to the owners on the east side. Mr. Dahlberg stated that whatever decision is made, it is apparent from the testimony they have heard at the meeting, it is extremely important to maintain that pedestrian walkway in whatever shape or form it may take. Mr. Saba stated that for the safety of children and adults walking and biking, he would like to see Fridley continue the bituminous path all the way through there and not leave it as a dirt path. Ms. Sherek stated she stated she looked at this property. She stated she has expressed this philosophy before, and she would like to express it again. She stated she just did not feel that the City has to plot and build on every sguare inch in Fridley. This property is very nice. The neighbors have taken good care of it. Sure, it would be nice to put another piece of property on the tax roles, but she did not think vacating the right-of-way and combining it with Lot 26 to make a buildable lot would do anything for this neighborhood. She liked the option of selling the property to the two owners on either side and maintaining the pathway, maybe making it an official pathway for the convenience and safety of those using it. Mr. Saba stated he agreed. Ms. Schreiner stated she also looked at the property. It is so beautiful and green and looks just like another park. The neighbors are doing a wonderful job in maintaining it. MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to table consideration of vacation, SAV #90-02, by the City of Fridley until a future meeting. IIPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON SHERER DECLARED THE MOTZON CARRIED IINANIMODSLY. Ms. McPherson stated that when this comes before the Planning Commission again for a decision, the neighbors will be renotified. 3. RECEIVE APRIL 2. 1990 PARKS & RECREATION COMMISSION MINUTES: �_ ' MOTION by Ms. Schreiner, seconded by Mr. Dahlberg, to r ve the April 2, 1990, Parks & Recreation Commission� s� IIPON A VOICE VOTE, ALL VOTING AY��TING CHAIRPERSON SHERER DECLARED THE MOTION CARRIED IINAI�I�MOIIBLY. 4. RECEIVE APRIL 1990 ENVIRONMENTAL 4UALITY AND ENEFtGY 1GG � U Community Development Department C � PLANNING DIVISION City of Fridley DATE: April 29, 1993 � ,�( ��. TO: William Burns, City Manager �• � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning, by Amending Section 205.04.04.I The City Council conducted a public hearing at its April 5, 1993 meeting regarding the attached ordinance amendment. The ordinance amendment requires the following items: 1. Adopts best management practices. 2. Requires submission of a grading and drainage plan in conjunction with a building or land alteration permit. 3. Requires submission" of a sedimentation control plan, time schedule, and compliance to the proposed Chapter 208. 4. Requires an as-built survey of detention facilities. 5. Requires a storm water detention facility maintenance agreement. The Planning Commission conducted a public hearing regarding the attached ordinance at its February 10, 1993 meeting and voted unanimously to recommend approval to the City Council of the proposed ordinance. Staff recommends that the City Council approve second and final reading of the attached ordinance. MM/dn M-93-227 � 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 �ollows: 4. BUILDING SITE A. No lot shall be so reduced or diminished, nor shall any structure be so enlarged or moved, as to reduce or diminish the yards, lot area or open space required in the district in which it is located. No yard or other open space required for any building shall be considered as providing a yard or open space for any other building, and no yard or open space on an adjoining lot or parcel of property shall be considered as providing a yard or open space on a lot where a building is to be erected. � C. Only one (1) principal building shall be located on a buildable R-1 lot. 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. � Page 2 - Ordinance No. G. Where the front yard setback of existing buildings is greater than the minimum front yard setback required and said existing buildings are within one hundred (100j feet on either side of a structure to be erected, then the setback for the new structure can- be six (6) feet more or less of this mean depth of the adjacent structures but in no case shall it be less than the required front yard setback. In the case where one of the adjacent properties is vacant, an assumed setback of thirty-five (35) feet will be used. H. In computing the depth of a rear yard for any building where the rear line of the lot adjoins an alley, one half (1/2) of the width of the alYey may be included as rear yard dep�h, provided that the actual rear yard depth on the lot shall not be less than twenty (20) feet in any residential district and not less than twenty-five (25) feet in any other district. I. No land shall be altered and no use shall be permitted that results in water run-off causing flooding, erosion or deposits of minerals on adjacent properties. The following standards shall be implemented: (1) The City hereby adopts by reference the Minnesota Pollution Control Agency, Division of Water Quality, "Protecting Water Quality in Urban Areas, Best Management Practices for Minnesota" within which are the National Urban Runoff Pollution Standards and Best Management Practices. (2) A grading and drainage plan shall be submitted in conjunction with a building or land alteration permit and shall be drawn at a scale no smaller than one (1) inch equals two hundred feet, and shall contain, but is not limited to, the following information: (a) existing and proposed grades with a minimum of two foot contour intervals to a known sea level datum; (b) sufficient spot elevations on all proposed hard surface areas; (c) estimated run-off oi the area based upon five (5) and one hundred (100) year 24 hour storm events with a minimum time of intensity of twenty (20) minutes; . Page 3 - Ordinance No. (d) provisions to carry run-off to the nearest adequate outlet, such as a storm drain, natural drainage way or street; (e) location of any proposed ponding areas, indicating the size and depth of the pond and amount of acre feet of water to be stored; (f) finished floor elevations of all buildings; (g) identification of soil conditions by type and location, including identification of the water table, and suitability of the soil for the proposed development, and (h) identification of any areas located within a flood hazard zone as identified by the City's floodplain overlays. (3) A grading 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 utility lines; (c) preparation for single-family residences separately built on lots with slopes less than twelve (12) 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, sign, telephone and electric poles and other kinds of posts or poles; (f) emergency work and repairs to protect life, limb or property; and 2 � Page 4 - Ordinance No. (g) federal, state, county, and municipal road construction designed and installed according to standard specifications. (4) A conservation plan and time schedule shall be submitted in accordance with Chapter 208. (5) Stormwater run-off from a developed site will leave at no greater rate or lesser quality than the stormwater run-off from the site in an undeveloped condition. Stormwater run-off shall not exceed the rate of run-off of the undeveloped land for a 24 hour storm with a 1 year return frequency. Detention facilities shall be designed for a 24 hour storm with a 100 year return frequency. All run-off shall be properly channeled into a storm drain water course, ponding area or other public facility designed for that purpose. Any change in grade affecting water run-off onto an adjacent property must be approved by the City. (6) In order to ensure the construction was completed in accordance with the approved design and plans, an "as-built" survey of detention facilities on the property shall be prepared and submitted to the City. The plan shall indicate the size, location, elevation, and depth of the pond as well as the location of all structures and any ground opening elevations on them. (7) For those detention facilities which are to be maintained by the property owner, a maintenance agreement shall be executed by the property owner and recorded against the property title to ensure proper ongoing maintenance. J. The standards established herein serve, among the other purposes of this Chapter, to provide each structure located on any land, a building site suitable to its particular needs as well as adequate areas of open space between that structure and any adjacent building, and as deemed suitable or appropriate to each building or structure and their respective uses. It is also deemed a purpose herein to provide standards which encourage uses of land and the erection of buildings and structures in areas which are open, unplatted or without any substantial number of buildings located therein, as are of a type, size, style and design as are deemed by the City and its inhabitants to meet the needs and the purposes of residential, commercial or 2D Page 5 - Ordinance No. industrial uses; and, to enable an owner to �ake a reasonable use of a parcel of land recorded or approved prior to the enactment of this Chapter and is therefore, smaller or different in type, size, style or design from that otherwise required herein. 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 Public Hearing: April 5, 1993 First Reading: April 19, 1993 Second Reading: Publication: 2E WILLIAM J. NEE - MAYOR � _ � � Community Development Department PLANNING DIVISION City of Fridley DATE: April 29, 1993 �'�• TO: William Burns, City Manager �' FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Establishing Chapter 208, Entitled "Erosion Control" to the Fridley City Code The City Council conducted a public hearing reqarding the attached ordinance amendment at its April 5, 1993 meeting. The proposed ordinance: 1. 2. Requires the elimination of soil erosion whenever possible. Establish standards and specifications for conservation practices and planning activities which eliminate or minimize soil erosion and sedimentation. The Planning Commission conducted a public hearing regarding the attached ordinance at its February 10, 1993 meeting. The Planning Commission voted unanimously to recommend approval to the City Council of the proposed ordinance. Staff recommends that the City Council approve second and final reading of the attached ordinance. MM/ dn M-93-226 012DIl�I�ICE 1�. - 1993 • • � � r� « �. w : n:n «:r• • :�• � : :,� a�. ;�•,�. •� •�� •,� • r:r • �� - The City C�onancil of the City of Fridley does ordain as follaws: C�PTIIt 208 Ei�JSIO�i Q�fl'�OL 208.01 PURPOSE A1�ID II�ii'F�[�TP The intent of this ordinance i.s to elinur�ate soil erosion whenever possible; and, in circlunstances where elimination i.s not feasible, the ordinance r�quires activities to control soil erosion and sedimentation. The puYpo�se of this ordinanc� is to establish standa�3s and specifications for conservation practices and planning activities which glimina� or minim;ze soil erosion and subsequent sedimentation. 208.02 DEFIIJITIOPLS The follawing terms have the meanings given them in this chapter: 1. Conservation plan and time schedule. A doctm�nt listing a set of practices that � when implemented will decrease soil erosion to the soil loss limits on a particular parcel of land. The "time schedule" sets times to it�lement, make satisfactory progress, and camplete the conservation plan. 2. ConseYVation practices. A. Practice.s and standan�s containing a definition, purpose, and conditions under which the practice a�lies, including design require.m�lts, and specifications containing a stat:ement of details required for installing a conservation practice, including kinds, quality and quantity of work and materials needed to meet the standan�s. 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 sedimentation. Conservation practices may be used in a development activity area or an agricultural use area. C. Permanent practices are those that have an effective life of ten years or more and include grassed watezways, terraces, water control structures, grade stabilization structures, sedime.nt retention structures, water and sedime.nt control basins, and other permanent practices appraved by the City. D. Tet�orary practices include fabric filter barriers, filter strips, storm water inlet and outlet protection and any other c:ultural practices approved by the City. 3. Development activity. A physical disturbance to the land which may result in sedimentation of adjacent lands or waters. These activities include, but are not limited to, clearing, grading, excavating, transporting, draining and filling lands. 4. District. The Anoka County Soil arxi Water Conservation District. 3A Page 2— Ordinance No. - 1993 5. Erosion. Ariy prooess that wears away the surfaoe of the lat�d by the action of water, wind, ice or gravity. 6. Excessive soil �oss. Soil loss whic3i causes sedime�ztation o� adjoining land or in a body of water, water �.�e, or w�etland. 7. Field Office Z�echnical Guide. Zhe guide ci�veloped by the United States Departm�nt of Agriculture, Soil Conservation S�,tvic�e. Zhe technical guide c�ontains methods and prnaedures by which the vario�as types of erosion can be estiunated and conservation practice stand,ards and specifications required in the application of soil and water conservation practice.s. 8. Sediment. Solid mineral or organic material, that, in susp�nsion, is being transported, or has been maved frc�a its original site by air, water, gravity, or ice and has been deposited at another location. 9. Sedimentation. 'Ihe proc�s or act of depositirig sediment that, upon inspection, is determined to have been caused by erosion. 10. Soil. The unconsolidated mineral and ozr�anic material on the i7tunediate surface of the earth that serves as a natural meditnn for growth of land plants. 208.03 TEC�TIQ�L GUIDES The follauing harx�ooks are adopted by refererice: 1. Field Office Technical C�,iide of the United States Departinent of Agriculture, Soil Conservation Service. 2. Soil Survey of Anoka County, developed by the United States Departnient of Agriculture, Soil Conservation Service. 3• Minnesota Construction Site Erosion and Sediment Cantrol Planning Harxlbook. 4. Protecting Water Quality In Urban Areas, Best Management Practices for Minnesota, developed by the Minnesota Pollution Control Agency. 208.04 QONSERVATIQN PT�N SUBMISSION R�QUIIi2II'�'S 1. Prior to any development activity and in conjunction with a building permit or land alteration permi.t, a cons�vation 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 courses, or wetland.s. 2. The conservation plan and time schedule nYUSt specify how erosio�i and damage to other � lands and regions will be minimized dur.i.rig the construction process. me�orary and pernianent mea.sures shall be addressed. These methods include, but are not limited to, the use of: t�e�orary and pern�anent seedings, fabric, plastic, or straw barriers, mulcli, sediment control basins, or other conservation practice.s adequate to prevent erosion and sediment damage. � Page 3— Ordinance No. - 1993 3. A conservation plan is rwt required for the follawixyg develo�anent activities: A. minor lar�d disturbance activities such as ho�t�e gardens ar�l individual residential laridscaPing, repairs, a�l maintenance w�ork; B. construction, installation, maintenance of abc�ve qr�ound electric and telep�one utility lines or individual service connection to the utility lines; C. preparation for single-family residenc5es separately built on lots with slopes less than twelve (12) percent, unless in conjunction with multiple construction in subdivi.sion develo�enerit; D. disturbance of land areas less than 9,000 square feet for ca�nnercial or noncannnercial 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, sign, telephone and electric poles and other kinds of posts or poles; F. emen�ency work and repairs to protect life, limb or property; and G. federal, state, county, and municipal road construction designed and installed aacording to st�nda�l specifications. 4. 'Itie follawitzg must be addressed in developing and implementing a consezvation plan: A. Stabilization of denuded areas and stock piles; B. establishme.nt of permanent vegetation; C. protection of adjaaent areas; D. timitx� and stabilization of sedime�zt trapping measures; E. use of sed�ment 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 inlet protection; J. working in or crossirig water bodies; K. unden�round utility oonstruction; L, construction aa7ess roads; �l� Page 4— Ordinance No. - 1993 M. disposition of all.te�orary measures: N. maintenance of all ten�orary arid per.manent urb�n conservation practioes; aryd O. stonn watex runoff quality. 5. Zhe time schedule aaco�trpanying the conservation plan must establish deadlines for the implementation and aca�letion of each phase or element of the conservation plan. 6. The Field Office TeGhnical C�ide, the Minnesota Construction Site Erosion and Sediment Contral Planning Hanc�ook, or the Minnesota Follution Control Agency�s "Protecting Water Quality in Urban Area,s" shall be the miniurnun planning standard for a conservation plan. Ariy other procedures must be appraved by the City prior to its use. 208.05 C�VATI�T P?�N REVIEp 1. The City may designate the zoning or plannirig director, building inspector, exigineer or a designee of the Anoka County Soil arxl Watex Conservation District to review the conservation plan and time schedule. 2. If the City det..exYnines that the conservation plan arid time schedul.e will control erosion and sed�mentation, the City stiall issue a permit that authorizes the devela�.nt activity contirigent upon the implementation and c.am�letion of the conservation plan. If the City determines that the canservation pIan and time schedule do not control �rosion and sedimentation, the City shall not issue a permit for the develo�nt activity. The conservation plan and time schedule shall be re-submitted for approval before the develo�nment activity can begin. 3. A person engaged in a development activity who does not submit a conservation plan and tlme sChedule or make satisfactory progress to camplete the plan and schedule is subject to penalties described herein. 4. Occasionally, erosion control strategies will not be feasible or practical in all in�tances. When this occurs, the City shall take into acco�t the facts and peculiarities of the specific situation and make a decision given the available information and averall circumstances. 208.06 DESIGN S�1�ID�I2D6 1. All open channels and porids shall be designed to prevent damage from a 100-year storm of 24 haur duration. 2. All conveyanoe systems shall be designed for the 5-year storm of a miniurnun 20 minute time of concentration. 3. LancLscaping, streets, storm sewers, and other drainage arid erosion controls shall be installed as early in the construction schedule as i.s practical. 4. The area ax�d duration of exposure of di.stuz�ed soil s�all be kept to a practical minim�un. 3D Page 5— Ordinance No. - 1993 5. i�enever feasible, natural vegetatioa� shall be retained, protected, and supple�ented. 6. Where there is inadequate veqetation to protect erosion prone areas during or after develo�nent, temporary or p�ermanent vegetation ar�d,/or nnzl.ching s�al.l be established. 7. cut ana fill slope..s s1�a.0 not be steeper than twr� (a) t� oa�e (1) unl.ess stabilizea by a retainuzg wall or cribbirig or as apprdved by the City Engineer. 8. Cut and fills shall not endariger adjoinirig propetty. 9. Fill shall be plaoed ar�d oc�acted so as to minimize sliding or erosion of the soil. 10. Fills shall not enciroach on floodways, natural water courses, or constructed ahanne�s. 11. Grading shall not be done in suclz a way so as to divert water onto the property of another landaaner. 12. Provisions shall be made to prevent surface water frarn damagirig the cut face of excavations or the sloping surfaoes of fills. 13. The use of debri.s basins, sediment basins, silt traps, or similar measures may be required to trap s�nt in run-off water until a cli.sturbed area is stabilized. oi1 slciirnners are required on all te�orary or permanent treatment, detention, or retention ponds. 14. The use of ponds for temporary storm water storage is encouraged to reduce pe.ak rainfall runroff and peak stream flaws. 15. Land s�hall be developed in increments for workable size such that adequate erosion and s�ntation c�ontrol can be pravided as construction progresses. �e area exposed shall not be exposed for a period of time exceeding sixty (60) days, unless othexwise established in the peimit. Gro�nd ayver shall be established as soon as possible after work is cart�pleted. 16. Develop�zt on slopes aver twelve percent (12%) in grade shall not be considered. On slopes with a grade between six (6) to twelve (12) percent, develo�nt shall be carefully reviewed to ensure adequ,ate measures have been taken to prevent erosion, sedime.ntation and structural damage. 18. Erosion and sedimentation control m�easure.s shall be coo�li.nated with the diffexent stages of the develo�nent; appropriate oontrol measures sh,all be installed prior to development when nece..ssary to oontrol erosion. 19. The follawing measures shall be taken to oontrol erosion during construction. A. F�posed slopes steeper than ten (10) feet horizontal to one (1) foot vextical Shall b2 SOC�d2C1 t'A mi nimi Ze �SlOTI. B. At the foot of each e�osed slope, a channel arid bexm shall be constructed to control erosion. Zhe channelized water shall be diverted to the 3E ; Page 6- Ordinance No. - 1993 sedim�entation basin (debris basin, sediment basin, or silt trap) before beirig allaaed to enter the natural drainage system. C. Along the tap of eac,h ea�posed slc�e, a berm silall be ow�structed to prevent run-off fran flawing aver the edge of the slope. tn�ere nm-off oollecting behind said berm cannat be diverted elsewhere aryd maust be directed dawn the slope, apPrapriate m�easur�es shall be tak�en to prever�t elrosion. Such measures shall consist of eithPx an asphalt paved apron or a method as apprwed by the City F.rigineer. At the ba�se oF the slope, an energy dissipater shall be installed. D. F;xposed slop�s shall be protect�ed by whatever m�ans will effectively prevent erosion considerir�g the degree of slape, soil materials, and expected Ie.ngth of exposure. Slope protection shall consist of mail.ch, burlap, jute netting, sod blankets, fast grr�wing seecis or ten�orary plantings of annual grasses. A mulch shall consist of hay, straw, or other approved prot-:ective materials. Mulch sha21 be anchored to the slopes by an a�rwed method to pravide additional slope stability. � F. G. Control measures, other than those specifically stated abave, may be used in place of the �bove if it can be demonstrated that they will effectively protect exposed slopes and are appraved by the City Engineer. Temporary erosion control devioes shall.be installed before existing ground surface is di.stut�ed and shall be maintained until vegetative cover is established. Any surface water leavirig the site will not adversely im�act the adjoining water quality. 20. Wnen construction work is cx�mpleted, topsoil meeting MnDOrr's Specifications 3877 shall be spread over the developed area and turf establishment started. The soil sha11 be restored to the mininn.nm depth of four (4) inches and seed and mulch worked into the area. 208.07 SF,'C[JRITIES Where a conservation plan i.s required in oonjunction with a buildirig permit, implem�aztation shall be secured by the requirements of C�apter 205, Section 205.05.06 A(3) . Where a conservation plan is required in conjunction with a land alteration permit, a letter of credit, performance bond, or certificate of deposit shall be requi.red to insure ittq�leme.ntation of the consexvation plan. The security shall be five perc�Zt (5%) of the value of the work as indicated on the land alteration permit application. � �� If the conservation plan is not implemented and maintained during the constructior� p�riod, the security shall be cashed by the City and u_secl to i�lement said plan. The security shall be dep�sited with the City prior to t of the project. 208.08 SEVERABIr,T'm► 3F Page 7— Ordinance No. - 1993 Every sec,-tion, pravision or part of this Chapter is declared separable fre�a every other section, prwision, or part to the extent that if ariy section , provi.sion, or part of this C�apter shall be held irivalid, such holding shall not irnralidate any other seciion, pravision, or pa�t thexeof. 208.09 P�IJ!'� Whoever does any act forbidden by this Chap�x or canits or fails to do any act required by this Ciiapter shall be rn,; � ty of a misdemeanor and is subject to all perlalties pravided for such violations ttnder the pravisions of Criapter 901 of the Fridley City Code. PASSED A1�ID ADOP'I'ED BY TI� CITY C�ONCIL OF Tf� CITY OF FRIDLEY TFIIS DAY OF , 1993. ATI'ESTED: WILilIAM A. Q�AMPA — CITY CLERK Public Hearing: April 5, 1993 First Reading: Apri1 19, 1993 Second Reading: Publication: WILT�AM J. NEE — MAYOR 3G � _ � Community Development Department PLANNING DIVISION City of Friclley DATE: April 29, 1993 Q. ,N,� � To: William Burns, City Manager�. FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Fridley City Code, "Building Code" by "Permit Fees", and Entitled "Fees" by "Fees" Ordinance Recodifying the Chapter 206, Entitled Amending Section 206.03, Recodifying Chapter li Amending Section 11_.10, In conjunction with the adoption of Chapter 208 and the amendment to Chapter 205, staff has proposed that .the permit fees be increased to include the review of conservation plans and time schedule when required by a land alteration or building permit in compliance with Chapter 208. The plans will need to be reviewed by either the City Engineer or the Assistant City Engineer. The attached ordinance would increase the fees for land alteration permits to include conservation plan review and establishes a conservation plan review fee as part of building permit review. Staff recommends that the City Council approve second and final reading of the attached ordinance amending the fee schedule. MM/dn M-93-225 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206, ENTITLED "BUILDING CODE", BY AMENDING SECTION 206.03. "PERMIT FEES", AND RECODIFYING CHAPTER 11, ENTITLED "FEES", BY AMENDING SECTION 11.10, "FEES" The Council of the City of Fridley does ordain as follows: Section 206.03. PERMIT FEES I. Land Alterations, Excavating, or Grading Fees (Ref. 90l), including Conservation Plan Implementation Fees. 50 cubic yards or less .......................$ 40.00 51 to 100 cubic yards .......................$ 47.50 101 to 1,000 cubic yards .....................$ 47.50 for the first 140 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 ................$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 ..................$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 1,001 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 or fraction thereof. 100,001 to 200,000 cubic yards .............. $165.00 for the first 100,000 cubic yards plus $9.Q0 for each additional 10,000 cubic yards or fraction thereof. i � Ordinance No. Page 2 200,001 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. Section 11.10. FEES 208 Conservation Plan Review (as part of building permit for new construction) 208 Conservation Plan Review (as part of land alteration, excavating, or grading permit process) $450.00 See Chapter 206 PASSED AND ADOPTED BY THE CITY COUNCTL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK WILLIAM J. NEE - MAYOR First Reading: April 19, 1993 Second Reading: Publication: � � � �J C� � Community Development Department P G D�SION City of Fridley DATE: April 29, 1993 � TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant 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 zncrease 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 allow 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: 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. 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 S TAFF REP O RT � Community Development Department Appeals Commission Date March 2, 1993 - Planning Commission Date � � City Council Date April 5, 1993 Mav 3, 1993 REQUEST Permit Number Appiicant Proposed Request Location SITE DATA size Density Present Zoning Preserat Land Use(s) Adjacent Zoning � Adjacent Land Use(s) Utilities Park Dedication Watershed Disirict ANALYSIS Financial tmplications Conformance to the Comprehensive Plan ' Compatibility with Adjacent I Zoning and Uses Environmental Considerations RECONJI��NDATION Staff Appeals Commission � Planning Commission A u th o r MM: ls UAR #9 3-O 1 Signart for Plywood Minnesota To allaw �e oontinuenoe of a varianoe granted prior to 1977 to continue � allaw the rempdeling of an existing sign 5401 East River Road 5 acres N�-2, Heavy Industrial Shawrocx�rwarehouse Nf-2, Heavy Industrial, on all sides M�anufacturing/offiee-shaaroom . Six Cities Denial Approval with oonditi�- � 0 VAR �%93-01 Signart for PZywood MN 56 LOCATION MAP 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: Reauest The petitioner requests that a variance be granted to allow the continuance of a variance granted prior to 1977 to 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 all variances granted priar 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 area. 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 the literal provision of the Sign Code, four conditions must be met. These four conditions are outlined in Section 214.21.02 of the Sign Code and are as follows: 5D 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. In 1990, 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 ta 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 building 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 applicati.on of the Chapter would constitute an unnecessary hardship. Strict application of the Chapter would limit the amount af signage to 80 square feet maximum. Denial of the variance would prevent a change in the name of the sign. The petitioner shoulcl 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. 5E 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 214.21.02 have not been met, staff recommends that the Appeals Commission recommend denial of the variance xequest to the City Council. Appeals Commission Action of February 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 wa21 signage permitted in the industrial district. The minutes of the 1985 variance .request for Minikahda are attached. Revised Proposal The petitioner has submitted a proposed sign of 186.25 sguare feet. Of the total square footage, 140 square feet is for "Home Valu"; 32.75 square feet is for public service (time and 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. 5F 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. City 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. 5G � •� � ' r ".��. � ' � W � Q_ C� � � VAR 4�93-01 Signart for Plywood MN �..� � �7F�+_�,+.,,-� ry �! � �- !_?-. r �-' �. 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FRIDLEY, MN 55432 �� ,:,.s �� '� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIA.NCE APPLICATION FORM � PROPERTY INFORMATION - site plan required for submittal; see attached Address: ��%Ui � �� 4�C � l �or¢ f� Property Identification Number - �o -��- `�3-e�vl Legal description: �-�fi �, t-��ft � T /'uA-� �t,�cir�t, Lot � Block % TracdAddition Current zoning: 1'�' °� ��t�� Ir� ; v;,r,�,r,�, Square footage/acreage Reason for variance and hardship: ��r�r��'i;'r/�tr ��►^G�n�'�y_.__l,,r,i �A�:��l ��I�I?��LI��I Section of City Code: _ �R i R-�- �'�� - ��r �� 2 , �� i L % �� 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 � 5 ��it�S ' �� v FEE OWNER INFORMAT ON (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing} NAME_� � l�J � -� ADDRESS � 7� ' SIGNATURE ('r_, /tf E:. DAY'TIME PHONE � �'l-.2�3� --r--- DATE r zy y NAME .S/�,�//,LP% ADDRESS _�?/ 70 ��J.t7 .�,D �7��/.tao7� /!C/G�lts //�/,l s�i..2 0 7 DAYTIME PHONE �8 ' � �s�� SIGNATURE DATE i ��j3, Fee: $100.00 ,� $ 60.00 for residential r perties Permit VAR #�3- O f Receipt # �� Applica.tion received by: �,,, ,. . Scheduled Appeals Commission date: -�f, � 3 Scheduled Ciry Council date: %`Ia�G, /. /`i 51 ,� The Minutes of Che Board of Appeals Meeting of March 11, 1970 Page 4 3. VARIANCE OF SECTION 56.05� PARAGRAPH 6A, TO INCRSASE_THE MAXIMtA� ARBA OF A 25 NORTHERN Mr. Bob Naegele and Mr. Harry Harl�eyer were present to present the requeat. Mr. Naegele explaiaed 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 and Bast bound traffic. It will be a painted sign with a permanent message. It wiZl be a free standing sign without any guide wires and will be illuminated. The total height of the sign will be 25 feet. He explained 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 traffic. He added further that Mr. Bo�hwitz, of Plywood Minnesota, had waated a sign that told people that he sold plywood and that this was the home of Plywood Minnesotn. Chairman Mittelstadt read, to the Board members and the applicant, the parts of the Sign Ordinance that applied in this case. KOTION by Minish 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 motioa 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 Ietters 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 aware o� the requirements he has to meet ar.�l he agreed to them. 5J � � The Miautes of the Board of Appeals 1�Seeting of March 11, 1970 Page 5 Secoaded by Harris. Upon a voice vote, Miaish, Harris aad Mittelstadt voting aqe, Ahonea voting nay, the motion carried. AD.TOUx�I� : The meeting was adjourned by Chairman Mittelatadt at 9;15 P.M. RespecCfully submitted, J MARY INT Secretary 5K 3 , REGULAR COUNCIL MEETING OF MARCH 16, 1970 � PAGE 11 The City Engineer explained that this request is for a variance o! front yard, rear yard, and lot area requirements. The Board of Appeals r.ecom�uended denial. The property is zoned R-3. There was some land taken fraa this pro- per�y for the development of I. 694, for the 7th Street underpass. The property is zoned for apartments, but is not big enouqh�for anything but a duplsx. Mra.. Roqer�A�anark, 532. High�ray� 100 N.E., said that she and Mrs. Williae� M. Remarke,• 510-Cheri.Lane N.E. gaid that they represented saae of the people wrho petitioned against the qrantinq of these variances, as it was felt tiiat the property vcas -tao. �aall for a duplex. . . . _ . .. . . , � A Representative of.Twin City Apartment Developers�Inc., said.that saa►e of the property was taken for-the street, but they felt that it was still larqe enough for a double bunqalow. They felt that because of the proper zonir�q, it should be granted. CounciLnan Liebl asked where the people lived that signed the petition. Mrs. Asmark said that ti�e.�etition was supposed to be �ubnitted to the City Council. The majority of the people live alonq Cheri Lane. Th��e is an ap�uct�aent building an 7th 5treet and the residents suffer frar► this. She aaid that there are always cars parked there that create problems in the winter. She aaid 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 enanqh• property to take care of the people that would be living there. Obvioasly there is a City Code, and she believed that it should be followed. MOTION by CouncilIIian Sheridan to concur with the Board of Appeals and c�eny the request for a double bungalow for the reasons outlined by the Board. Seconded by Councilman Harris. LTpon 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 INCRFA3E THE MAXIMUM AREA OF A FREE STANDING iDENTIFICATION SIGN FROM 80 S AF2E FEET TO 300 SQUARE FEET (12' X 25') TO BE LOCATED ON LOT.1, BLOCK 1� GREAT NORTIiERN INDUSTRIAL CENTER, FRIDLEY,.THE SAME BEING 5401 EAST RIVER ROAD. (REQUEST BY NAEGELE OUTDOOR ADVERTISING COMPANY, 1700 WEST 78TH STREET, MINNEAPOLIS, MINNESO'rAj:• The City Engineer explained that this sign w�ould be for Plywood-Minnesota. 'ie 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 ttie request sub- ject to their requirements. � . Councilman Liebl asked to see the sign and Mr. Harry Harkmeyer came forward with the rendering of the siqn for the Council and the audience to see. iie said tha� it would be a mansard roof and there would be shrubs and flo�rers below the sign. � MOTION by CounciLnan Harris to approve the request for a sign by Plywood Minnesota, as outlined�in the BQard of Appeals Minutes. The motion waa seconded and upon a voice vote, all voting aye, Mayor Kirkham declar�d the motion carried. MOTION by Councilman Liebl to rec eive the Minutes of the Board of Appeals Meeting of March 11, 1970. Seconded by Counailman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 5L (. � ` � ��-a �� 9 SIGN City of Fridley, Mi.nn. . �..i" �ii►�► :��. r � � Date: March 18, 1970 p�r; . Plywood Minnesota Builder Naegele :Outdoor Adv. Co. �� 5401 East River Road Ad� 1700 West 78th Street LOCATION OF BUILDING No. _.��Q1 ._.,_ St�et XEast River Road � p� og �t _ Lot �_ �.__ Block Addition or Sub-Division Corner Lot .___�.____ Inside Lot .__.Y.�__ Setback �_ Sideyard Sewer IIevation ._.._. Foundation Elevation N° 10580 DESCRIPTION OF BUILDING To t� v�a �: g � � S i n .� �nt 2 5 �p� 12 Height Sq. Ft. Cn, Ft ___._. �}ont _� Depth Height � Sq. F't Cu, F't Z�pe of Construction ��.on & ood __ �t, �� 1 500.00 .__ To be Completed � A�ril 5, 1970 In consideration of the issuance to me of a permit to cons ct the building described above, I agree to do the proposed work in accordance with the description above se orth and in compli with all provisions of ordinances of the city of Fridley. �l "'_" `//�� 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 workmen, in all work done in, around and upon said building, or any part thereof, shall cottform in all respects to the ordinances of Fridtey, Minnesota regarding location, construciion, aIteration, mainienance, repair and. moving of buiIdings within the city limits and this permit may be revoked at ar�y time upon violation of any of the provisions of said ordinances. �� —.._--- BuildinS Inspector A1 D. Bagsta NOTICE: `. Tl�it p�i�nif dws nof eowr th� eonsKueNon, installaden for wir�o. Piumbin9, �as h�atinp, t�wK or w�. g� wn to sN th� BuiWfag In�p�cMr for s�panN p�rmits fo� fh� ihms, 5M � � � � ,�-, ,.�,:. CITY OF FRIDLEY APPEALS COMMIBBION MEBTING, FEBRQARY 16� 1993 �tiw�wrMww�wwMw�w�rw�wrtiwtiwrw�w�w�NMw�Mw�Mw�wwMw�NNtiMMM �Vww.NMw�wti rw,�YN�VMMMMNMMti 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 Beaulieu 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 IINANIMOIISLY. CONSIDERATION OF VARIANCE REOUEST 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 public hearing. UPON A VOICE POTE� ALL VOTING AYE� CIiAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC 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. �•�„�R � -r-+E- ;: .� -..�s - Ms. Dacy stated the petitioners would like to replace the sign with 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 5N a�'-�.. _ :::I; ,.: S.. .r`,is APPEALB COMMISSION MEBTING, FEBRIIARY 16, 1993 PAGB 2 and temperature sign. The petitioners are also processing a special use permit request to allow 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 circumstances 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 foux conditions as required in Section 214.21.02 of the Sign Code have not been met, staff is 50 APPEALS COMMI88ION MEETING, FEBRDARY 16 1993 PAG$ 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 retail 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�;;�t�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 at a smaller sig�l, what would they propose to eliminate from the proposed sign? 5P APPEALS COMMISSION MEETING, FEBRIIARY 16, 1993 PAGE 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 existing 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 trat 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. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PQBLIC HEARING CLOSED 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 onZy 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 a�variance 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 5Q APPEALS COMMISSION MEETING, FEBRIIARY 16, 1993 PAG$ 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 p�ssible 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 reasonable 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 Commission, if the City grants a sign variance to Plywood Minnesota for a 300 square foot sign, then it wi1Z 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 r'evise the size of the sign based on the 5R � APPEALS COMMI83ION MEETING, FLBRIIARY 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 able 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 applied 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. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVA6L DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT: MOTION by Dr. Vos, seconded by Ms. Beaulieu, to adjourn the meeting. Upon a voice vote, all 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��t L'y Saba Rec ding Secretary 5S CITY OF FRII?LEY APPEALS COMMISSION MEETING� MARCS 2� 1993 ..............«.......,..,.............,..,..,..............,..,..,..............r.......,..,..,. ..........,.....,. .............,.....,. 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 Z6, 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, CHAIRPERSON 8APAGE DECI,ARED THE MOTION CARRIED IINANIMOIISLY. 1. (Tabled February 16, 1993) CONSIDERATION OF VARIANCE REQUEST, 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 l, Block l, 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 ONANIMOIISLY. MOTION by Ms. Smith, seconded by Dr. Vos, to reopen the public hearing. OPON A VOICE VOTE, ALL VOTING AYE, CHATRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING REOPENED AT 8:02 P.M. 5T APPEALB COMMI88ION MEETING, MARCH 2, 1993 PAGE 2 Ms. McPherson stated that at the last meeting, the Commission had reguested 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 inet 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. 5U APPEALS COMMISSTON MESTING MARC$ 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 feet) 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 changeabl.e 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 ar�ything 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 THE MOTION CARRIED AND THE PUBLIC 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 5V APPEALS COMMISSION MEETING MARCH 2 1993 PAGL 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 coul.d 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 size of the main portion of 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-b94. 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 wil.l 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 time 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. It 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 precedent. 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 (3j 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 Planning Commission recommends denial 5W APPEALS COMMISSION ME$TING MARC$ 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 con�inuance of a variance granted prior to November 21, 1977, to allow the remodeling of a sign on Lot 1, BZock 1, Great Northern Tndustrial 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. IIPON A VOICE VOTE, SAVAGE 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 during 1993. Barbara Dacy, Community Development Director, has asked staff to suggest some meeting dates for Cottrtcil to begzn 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 Commission. 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 requests 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. 5X APPEALS COMMISSION MEETING. MARCH 2, 1993 PAGB 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 some 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. Respectfully su mitted, ..., l � i , �, .� -►�- � -CJ� f t'-Y� Lyn�i "�aba � Recaading Secretary 5Y r � � � Community Development Department PL�NG D�SION City of Fridley DATE: April 29, 1993 �• TO: William Burns, City Manager ��' FROM: SUBJECT: Barbara Dacy, Community Developmen� 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 the special use permit was recommended to be contingent upon approval of the variance reguest, VAR #93-01. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-93-165 � � S TAFF REP O RT Community Development Department Appeals Commission Date ° Planning Commission Date : March ]0, 1993 City Council Date : April 5, 1993 _ May 3 1993 REQUEST ; Permit Number � Applicant � Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zaning � Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial I mplications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses � Environmental Considerations RECONIlV�NDATION Staff Appeafs Commission Planning Commission Author MM/dn SP ��93-02 Sign Art for Plywood Minnesota, dba Home Value To allow an automatic changeable sign 5401 East River Road N.E. 217,802 square feet M-2, Heavy Industrial OfficeJwarehouse/showroom M-2, Heavy Industrial on all sides Indiistrial Six Cities See staff recommendation Approval SP ��93-02 Sign Art for Plywood MN LVVH 1 IVIV mHr Staff Report SP #93-02, by Signart for Plywood Minnesota Page 2 Request The petitioner requests that a special use permit be issued to allow an automatic changeable 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/showroo�/warehouse facility. The property is zoned M-2, Heavy Industrial, as are all surrounding properties. Analvsis 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 AppeaZs 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 sign 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. .i Staff 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. Citv Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. l•l ^ � / 1 • � ' •I � ... i ••1 �' . .' , : � . �� ,, � �y. k: LR� ��) �;1~!: `� � :?: .'.;`r., `:. t:" • . : . r' <.•�1l.•: .��. �`(- lE�� SP 4�93-02 Sign Art for Plywood MN ! � � I � W � � C� � � �� ' � � - tJr.ir.•. :; �:.-t::�, �.,:::�� . ..,, „ ,, . .. �•::•,. } � :•-�.� .;7, ., �.•� {, .`� .. �t�.:+�t..�'�•,�,''` '£`ICrlfLtilf�jn'•'( : �;'r�. ara?,:� �••� -: !`f��1 �t.�,� i.• �dr 'i �. ^.: � �%v` �:wi .'�i,n.. -w�':j...l]�j!��-v�+� Zlf: .:;+ � `�'': �..:- f -:::i::Y::.. !�+' �i: r ^�'v.'_h }w• e �--_-�'�-' : �?'� ,�" =, `7�"'%'��'�. - :� �..�.,f� _.�, �: .� ;'.�.�,�:.'�`� (t , :� � , �:y�4!. T �'� •r t-��`::�:'- . ��. =�i�� 4 i �.i �iv,.��+�'� [. j .'�L.L.✓�:!�} '��".�, �� 4�:� G > �� ,•��i-'.' yS�^'-�e-"' �' I �'-: L.�: �sh� J:..•`•�.t,l �,�,� r';�' .�t., Ii( =;�`�,j. J �� }.� �Y _ Q '�� . JG,•.!l�M '.^�.f' •"��^r"�' � •i:�,,i;�,�;`.ti'.�.2f%'F„`,i�� 3 'r �"'7° -�... �i'' i �S �- 'k� •;;�5:.� . � , ��i � '��• : � �vt.�,i�. � ��3��;t�: �-ti� _..__` ` 1 )Z��.f L ..� � .��.. { �� ' �' i � . �L. t. 1L, .��t.. _,� _;.7'+`��`;j• r . >� ; �'i::�K�;�, ' j(, • . �~,'`•'.��,. Ct„ .l. . Z'. -' � .•+�J '. � � � \ "� � �I�. .� �•-� i. �.,�.:� � • . �-_ • ��+• �:�� .�;. ,'� ''^^.:,:��'','"^.� K�_. /' •,1,.'� . � _ . T� '�. Z,�;. ,� • � �t ' j ��. =�:.��r � � � Y N �. � � �, -- -�---; � J , ELEVATION „2 �S�,f, t, �� . �_ e - `3 �,r :?";�fi,s� t, .... ,., . .. .,.. .. e : �-�' � CITY�OF FRIDLEY � � � � �- ,. , 6431 UNIVERSITY AVENUE N.E. f.. u ti a.;; .. FRIDLEY, MN 55432 � ” . �' �"'` ` ` � $ — � � 'z , .: . . .,a�m�'� .! i!"' '�`i � '• ,:� {`i �yx r . §. ., �q .�'�i ; �.., y"' 'M ,� _, 6 . . , - .. ._.. ., . , . ., . . . ,: - -- � � �: �, < (612) 571 3450 * ' �_ � • COMMU�TX�DEVELQPMENT��DEPARTMEI�T �;�'� g�� °,� : , . . � ,, ' �� , � �� :a� � � ' � �z �<. ,� � � ,� � � x ��.��E . e� r � � �� a � ' �` �y � �, : � 4 ,�»fr .4� h ' [ �L-j� � ., p 1 t SPECIAL USE �PERMIT� AP,PL�TCATION ��4R�VI rr `�fl �� ,� y . . . � �, r ., _ . _. �'ROPERTY INFORMATION = site plan requiredfor submitta.l; see atta.ched:: Address: J��O/ �i . �l U2U� : R6 �fi 0 _ Property Identification Number Legal description: �oT' � �� ; �Z -3a- 2�=�3-�00 � C�� - '�/1 � 0�� V 1 Lot Block � TracdAddition Cuirent zoning: 1�1-.�- �Y�vy frd0u�r-�� Square footage/acreage ��.� ��' dZ Reason for special use permi� ��'�i1?o (�(, �x �d �it�(� d7(r1�( � • �� 0� ��t ��rtA-i �; 11�%r"�i� Section of City Code: �iGt�i �v�t'.�= Z1N.07.D�,,�� Have you operated a business in a city which required a business license? S;g��'�u�-i� C�`��'�'�""`-�- Yes No � If yes, which city? �� /IlbT" �C�er e(/c� ��i.�� p. 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 foi7n prior to processing) NAME�L()d On �/NN� hoTA- %N � . ADDRESS_ ��al � • �i �� o�� /t�1 N. S�r`/ Z I'( o g�- n e v�rr�►�rF nun�.r� 5�,+, 7L z/ . SIGNATURE NAME s/�r,/ �� ADDRESS �/�b .�b.0.0 �.0� /�i�.0oi�'1 /��-/��./T-s' ,r�ji✓ �S',S'.�� DAYTIME PHONE 18 - �� SIGNATURE DATE i Fee: $200.00 _� $100.00 for residential2nd accessory buildings Permit SP # � C1 Z eceipt # 7i7.� Application received by: Scheduled Planning Commission date: j�la �� /C7 :! q� 3` Scheduled City Council date: s�. �(�/� 43 ; �� -L. . _ . :.� CITY OF FRIDLBY PLANNING COMMISSION MEETIN(�� MARCS 10� 1993 � CALL TO ORDER• Chairperson Newman called the March 10, 19 , Planning Commission meeting to order at 7:30 p.m. ROLL CALL• � Members Present: Dave Newman, D e Kondrick, Dean Saba, Brad Sielaff, Connie Modig Members Absent: Sue Shere , Diane Savage Others Present: Barbar Dacy, Community Development Director Mich e McPherson, Planning Assistant Da Olson, Intern, Community Development Dept. G ry Boschwitz, Home Valu • ill Brattland, Signart Aldys Miller, Edina Realty Julie and Barry Aamold, 13216 Crooked Lake Boulevard, Coon Rapids � Mr. Kondrick, secanded by Mr. Sielaff, to approve the 24, 1993, Planning Commission minutes as written. A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N NEWMAN DECLARED THE �N CARRIED IINANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATiON OF A SPECIAL USE PERMIT REQUEST, SP #93-02, BY SIGNART FOR HOME VALU: Per Section 214.07.01 by the Fridley City Code, to allow an automatic changeable sign on Lot 1, Block l, Great Northern Industrial Center, generally located at 5401 East River Road MOTION by Mr. Kondrick, seconded by Mr. Saba, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated this property is located south of I-694 and adjacent to the Burlington Northern Railroad tracks. The property is zoned M-2, Heavy Industrial, as are all surrounding parcels. l'l�l ;:�::_< � PLANNING COMMISSION MEETING, MARCB 10. 1993 PAGB 2� Ms. McPherson stated that as part of the overall renovation of the existing sign, the petitioners were required to not only apply for a special use permit for the automatic changeable sign, but also for a variance. The existing Plywood Minnesota sign was granted a variance prior to 197? and in order to allow the remodeling of the sign faces, the City Sign Code requires that a variance be reissued if the petitioner is not going to bring the"sign into conformance with the Sign Code. The existing sign is approximately 300 square feet in area, and the Sign Code allows a maximum square footage of 80 square feet for a free standing sign. � Ms. McPherson stated the new name �f the Plywood Minnesota busi�ess is Home Valu, and that is the main reason for the new. sign. The' automatic changeable portion of the proposed•new sign is a pub]..ic service time/temperature sign which will be part of the overall sign. In addition, the petitioners will be having a neon portion. of the sign with the words "Open Tonite". Ms. McPherson stated that on February 16, 1993, the Appeals Commission tabled the variance request pending the petitioners' revision of the proposed sign. The petitioners revised the 'sign to reduce the overall square footage from 300 square feet to 186.25 square feet. On March 2, 1993, the Appeals Commission recommended approval of the variance to 186.25 square feet stipulating that of the 186.25 square feet, 32.5 square feet is to be dedicated to the public service (automatic changeable) portion of the sign. The remainder of the sign totals 153 square feet which is comprised of the "Home Valu" text as well as the neon "Open Tonite" text at the bottom of the sign. Ms. McPherson stated Section 214 of the Sign Code allows automatic changeable signs in all districts except residential districts with the issuance of a special use permit. Two conditions are stipulated in the Sign Code which are required to be met: l. Conformance_ to the sign requirements within that district. 2. The message shall not change more than once every l5 minutes except for a sign displaying time, temperature, and/or date. Ms. McPherson stated the automatic changeable sign as proposed can meet both those provisions of the Sign Code. This portion of the sign is only 32.5 square feet which is less than the 80 square feet permitted by Code. However, if the Commission approves the special use permit request, it should be stipulated that the special use permit request is only approved if the variance request is also approved as the overall sign cannot meet the 80 square feet permitted in the M-2, Heavy Industrial districts. 61 �t PLANNING COMMISSION MELTING, MARCH 10, 1993 PAGL 3 Ms. McPherson stated staff is recommending the Commission recommend approval of the special use permit request pending approval of the variance request, VAR �93-01. Mr. Gerry Boschwitz stated he is President and CEO of Home Valu. Bill Brattland from Signart is also at the meeting. He stated they originally requested a larger sign as explained by staff. Because their store is I.ocated at the end of a cul-de-sac and is rather difficult to get to and find, they wanted a large sign. They are also next to Wickes Furniture which has very large wall signage. To a certain extent, they are dwarfed by Wickes Furniture. They wanted to put up a new sign that would show up a little better and. present their new name and image. Mr. Boschwitz stated the "Open Tonite" portion of the sign is to help establish the fact that they are a retail location. Their building does not always appear as a retail location. Many people believe it is a warehouse and office building. The time and temperature signage was presented as a public service and also to provide Home Valu with a little more recognition of their location on I-694. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THS MOTION CARRIED AND THE PIISLIC $EARING CLOSED AT 7:45 P.M. Mr. Kondrick stated he would vote in favor of the special use permit for the public service (time and temperaturej portion of the sign. He agreed that Home Valu is rather eclipsed by the larger Wickes signage, and Home Valu does need some signage to project their new image. The public service signage will also be benefiting the community. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recomme�d to City Council approval of special use permit request, SP #93-02, by Signart for Home Valu, per Section 214.07.01 by the Fridley City Code, to allow an automatic changeable sign on Lot 1, Block 1, Great Northern Industrial Center, generally located at 5401 East River Road, contingent upon the approval of variance request, VAR #93-01. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the special use permit request and the variance request will go to City Council on April 5, 1993. 6J I _ � Community Development Department PLANI�TING DIVISION City of Fridley DATE: April 28, 1993 R• TO: William Burns, City Manager� ��to FROM: SUBJECT: Barbara Dacy, Community Development Director Reallocation of $1,684.40 of Une�ended CDBG Funds to Housing Rehabilitation Project The City Council tabled action on the proposed reallocation at its April 19, 1993 to determine if a public hearing was required. JoAnn Wright has advised me that a public hearing is required when 25% of the budgeted allocation or $25,000 is to be reallocated. Also, a public hearing is required if a new project is to be created. She advised me that the amount of the subject transfer did not require a public hearing. The City Council ma Human Services to allocation for Human Services allocations BD/dn M-93-236 y pass a motion to reallocate the amount from a program of its choice. The 1991 CDBG Services was $38,835. The 1992 and 1993 Human were $35,604 and $30,600 respectively. Engineering Sewer Water Parks Streets Maintenance MEMORANDUM �Iliam W. Bums, City Manager 1!�• PVIl93-154 TO: y� FROM: John G. Flora,�Pubiic Works Director DATE: April 28, 1993 SUBJECT: TCAAP interconnect Wate�line For the past few months, we have been working with the City of New Brighton and their attomeys and Virg Herrick, representing the City, to prepaze the necessary agreements between the cities of New Brighton and Fridley for the construction, operation and maintenance of the TCAAP interconnect wateriine. The Dept. of the Army is requiring an agreement to be executed between the two cities for the use and disposition of the remediai treated TCAAP water prior to their taking final action and approving construction of the interconnect line as weli as the plume ground recovery system (PGRS) filter plant. In order to expedite the process and to indicate the City's support of �eceiving the TCAAP wate�, I recommend the City Council approve the attached finro agreements and authorize the City Manager and Mayo� to execute them. The firs# agreement is a design and constn,ict agreement for the interconnect`waterline. The City of Fridley would be responsible for designing and constructing the waterline from New Brighton through the City of Fridley to its connection to our 20-inch line on the west side of Hwy 65. It also includes construction of the booster station at 63rd and East Moore Lake Drive. In addition, the City of Fridley is responsible for contracting the electronic radio control system (SCADA) for the two cities. This system will control the flow of water and pumping befinreen the finro cities. New Brighton would be responsible for designing and constructing a valve building at the beginning of the line for their control of the water entering the City of Fridley. It is proposed that the construction of this line will inc4ude the upgrading of Benjamin Street to MSAS standards with concrete curb and gutter, as well as 64th Avenue to Ciiy standards with concrete curb and gutter and storm system. The second agreement involves the operation and maintenance ofi the interconnect wate�line. The right- of-way for the line will be owned by the City and New Brighton will be responsible for the mai�tenance and repair of the waterline within the right-of-way. It is understood and the agreement provides for the City of Fridley to initiate repair work on the line as necessary with appropriate costs to be reimbursed by New Brighton from the Department of Army funds. The agreement also provides for the establishment of a system to coordinate the flow of water into the City as the PGRS and PGAC facilities come on line. JGF:cz Attachments �J • i: • eoos�rt sr�noN �oc�►noN �� .� � _�� 1 � Moore Lake �o � a .�� . CONNECT TO NG {I 20` WAIF.RMAIN �f� �r �; �, ��i�-- / / / ��i% � Gardena /� � � ! { � c,:�� _i � � �u ��terstate H• 1-� �-�-� ��'aY 694 23�62�246\INTER.RPT\LAii �� t �.�,I �' 1 Ave 1CONNECT TO D 1� A'TERMAlN �� U �� ,� 1 �� i nnsb�' � � �� ___- i ), ;�/ � � � � � <_a Figure 23 ; m c 0 � ��` ��s m �� al� _ la PROPOSED WATERMAIN m Q �� t �- J � t � � J: i�,l�r-►� V i! ._--ll �.-- �� ; �t� c�noN il _� �- � ci O � � � i� L � � I � 64TH AVENUE ALTERNATE ALIGNMENT 9A 47 Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Bums, City Manager ,� •f "� PW93-153 � �ROnn: John G. Flora,�Pubiic Works Director DATE: April 29, 1993 SUBJECT: Street Improvement Project No. ST. 1993-1 &2 At the April 19 Council meeting, we conducted a public hearing on the street reconstruction program for those streets which are to be assessed for concrete curb and gutter. Petitions for the streets were received in excess of 50% of the residents supporting the project. In addition the 1993 st�eet program identifles the final mat overlays for Highway 65 East Service Road, University East/West Service Roads, 69th Avenue, and 79th Avenue. The p�oject aiso includes new construction for the bituminous sidewalk through Riverview Heights Park, improvements fo� the Fire training facility and the Rickazd Road/Craig Way Watermain connection. One of the new construction items in our proposed 1993 p�ogram is the construction of a bituminous bikeway from 73rd Avenue to 85th Avenue along the west side of University Avenue. I would propose that the Council authorize the preparation of final plans for this project, but recommend that this project not be awarded at this time since we are requesting Federal funds for this and other bikeway/walkway projects within the City. A final decision on this item can be made at the time the contract is awarded. Recommend the City Council approve the attached resolution ordering the final plans and authorizing advertisement for bids f�r the Street Improvement Project No. ST. 1993-1 &2. JGF:cz Attachments !�•J / � FW� RE�OLUPI�T 1�U. - 1993 ua�: • � •; •��;:�• � � � �• •.� • :� �:� u •,� , . •�� •�•��::�� • � � :,�•� :i:,� i:,i • ��• : u: •�:,i- � �• �,• � :,� i:� •,• • 1�8, R�esolutioaz No. 30 - 1993 ordered the pr�liminazY Plans� specificatians at�d estimates of the oosts thereof for the i�rove�nts in this proj ect, ar�d �,5, ii�esoiution No. 32 - 1993 reoeived the Prelimina�Y �l��1 � ar�d set a public hearing for the i��rr�ve�meizts in this project, arxi - �AS, a public heariryg was hel.d oaz April 19, 1993, r+egardir�g this project. rx� �, � rr �oLVEn, by the City �uicil of the City of FridleY, �oxa ao�ty, Minne.sota as follows: 1. �at the foZla�wit�g i�rove�aents prq�osed by (b��nci1 R�esolutioa� No. 30 -1993 are hex�by ordered to be effectsd arid vampleted as soari as re.asoa�ably possible, to�ait: Street improve�.ment,s, includiryg 9radin9� stabilized base, hat�nix bituminau.s mat, �te c�arb ar�d gutter, sidewalks, bik�eways, water atxi sanitary sew�er senrioes, storm sewer syst.em, lanriscaping, ar�d othPS facilities located as follows: STRE�' Il�liOVII�'Il�NTI' PROJBCT I�U. ST. 1993 - 1(I�F-1�►i8j Overlavs Hic�way 65 East S�rvic�e Road - 250 ft Sauth of Osborne to Osborne Rd University Avenue East Servioe R�d - 57th Ave,nue to the South University Avenue West Sezvice Road - West to C�ity parking lat er�trar�oe 69th Avernte - Highway 47 to Servioe Drive PTew C�or�struction Bit�uainaus sidewalk for Riverview Heights Park Fire Training Center It[q�rovezt�ents Ricxan� Road/Craig Way Wat�in STREET Il�ii�VF��t' Pi�7E7L'!.' I�U. ST. 1993 - 2 Overlavs 79th Avenue frce�a Main Street to Hic�way 47 ( ineludes c:onarete median with brie�c Pa�ixxJ stone) �.. - ., Lyride Drive P�lk Street Nlonroe Street Brookview Drive Ragis Drive Regis I�arye Chexi Iane Fil]inore Street 53rd Ave�lue 1Je�w C)o�nstructiv� Bit�uainous Sidewalk f�can Hillwir�d Rd to Folk St Lynde Dr to Hathaway In . 67th to Rit7e Creek Texraoe Mi.ssissippi to Rioe Creek Zhx•raoe R�gi.s In to Hath,away In Regis Dr t.o Matterhorn Dr 53�1 to Fill.m�ore St 53�1 to C�1Pxi Itl Fill.abre St to Matterhorn 73n1 Averru��85th Ave NE RE90LLfl'I0�1 I�A. - 1993 PAGE ZWI� ZY�at the work irrvolved in said improv�nts as listed abave shall her�after be d�esignated as: BTR�J.' II�VEMBI�TP PROJELT 1�U. ST. 1993 - 1 ie 2 2. 'IY�e plans ar�d specificatia�s Pre�ared bY ti�e Public Works �nt far su�c�h i�rave�nerits ar�d eac�i of th�a pursuarrt to tY�e Oau�cil resolutiar�s he�tofore adapted, a vq7y of whirh plans ar�d specifications are iyereto attac�bed ar�d ma�1e a Part thereof, are hereby approved aryd shall be filed with City Clerk. �he Public Works Direct�or shall a�rdirygly prepare ar�d cause to be inserted in th,e official n�wspaper for bids t� the makirig of s�xii i�rov� under � approved plans ar�d specificatiar�s. Zhe adverti,se�t sl�all be published far (3) three week.s (at least 21 days), arid shall specify the wurk to be � at�d will state the bids will be aperyed aryd oo�sidered in the Qaulci.l Ci�a�ers of the Fridley Municipal CQnt�er arid that no bids will be c�arLSide.red unless sealed ar�d filed with the Public Works DirectAr ar�d aooca�anied by a cash depc�it, bid boi�d, or cex�tified c�k payable to th�e City for five pen�ent (5�j of the amo�t of s�x� bid. �at the advertise�nent for bi.ds for 8T1t�T II�RaVII�� Pi�TEGT 1�U. ST. 1993 - 1& 2 shall be substantially in the standard fonn. PA83ED AI�ID ADOP'1'ED BY '!� CITY QO[AaCIL O�F' '!� CITY OF FRIDLEY TIff.B 3RD L�Y �' I�iY, 1993. A'I•I'ES'I': WILLSAIK A. Q-iANIPA - GI'I'Y CLEEUZ � � WI7�IAM J. 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I :,::. - _ , , , ;�� •- �� I . -� , ---� �t'`1.=� L - _ :. 7 � '& M - � '� ; � y � � � ' '� �� l\�q 1 ,;i ;, _ ��',., ' � , �f/��i= . � °j r ! i� - - ?� �:,;f•C�;�': __- • r�,. ni� - _�- - � -_ - �.'� � � - � � j � � �` �' — ,� - ----�r' '� _— �€ � i Y;;�=- _ � j. . . ., -- ,_ , �` � � 3 — i I ��, � � s � � . ' � �1` - , ' ''� _- - �; � �fj� ' s s � OVERLAYS �� '��. � i,� , ; �.,.� ��J; � ' a '`�� -- � - I�� —. y..—" NN� ,4�'�. _ �i = _ �� OVERLAYS/CURB & GUTTER ,� v �,,`� __ .: ,. _ _ ��. Q � '�'�;�-° � � � BITUMINOUS SIDEWALK . I� ��j�i�' � � ' _ � . 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 1993 City ot Friciley State oi Minnasota Streets Capital Impravements Beginning Balance Revenues Funds Available Proiects Endinp Balance Beginning Balance Revenues Funds Availabte Proiects Ending Balance 1993 Interest Income Minnesota State Aid - Construction Total Revenues Sealcoat Prog�am Overlay Program New Projects 1993 Street Reconstruclion Project University Ave Bikeway Opticom 81st/83rd Total Projects 1994 Interest Income Minnesota State Aid - Construction Total Revenues Sealcoat Program Overlay Program East River Road Upgrade - Phase 11 New Project 1994 Street Reconstruction Project Total Projects 204 10D " S4.q2.318 370,585 659,000 1.029.585 5.661.903 124.000 263,000 � 209.000 125.000 30,000 751.000 54,910.903 34.910,903 392.872 209.000 601,872 5,512,775 t 35.000 100.000 110.000 500.000 845,000 54.667,775 r � � Community Development Department PI.ANNING DIVISION City of Fridley DATE: April 29, 1993 � TO: William Burns, City Manager� �• FROM: Barbara Dacy, Community Development Director Lisa Campbel��jPlanning Associate SUBJECT: First Reading of Ordinance� 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 the recycling strategy for multi-unit buildings. The strategy has three parts: l. 2. Expand the City's current recycling services contract to include multi-unit dwellings of 5-12 units. Require owners with 13 or more units to contract for recycling services and submit a copy of their contract with their residential rental license application. 3. Require recycling collectors operating in the City of Fridley to report to the City by weight and material type recyclables collected in the City on at least a quarterly basis. The proposed ordinance amendments are attached for your consideration. Amendments to Chapter 113 require owners who are serviced by the City to pay $0.83 per unit per month to the City (SWAP fee) and require owners who do not receive service from the City to contract for services. This amendment also requires recycling collectors to report materials collected in the City to the City. Amendments to Chapter 220 require owners of multi-units not serviced by the City to contract for recycling services and submit with a copy of the contract with their annual residential rental license application. First Reading of Ordinances to Amend Chapters 113, 220, and 11 April 29, 1993 Page 2 Amendments to Chapter 11 extends the solid waste abatement programming fee to 5 through 12 multi-unit dwellings. Staff has notified multi-unit owners and residents of the proposed recycling program and of the public hearing. In March 1993, staff also conducted informational meetings with the multi-unit owners. Recommendation Council conducted a public hearing on April 19, 1993. Staff recommends that the City Council conduct a first reading of these ordinance amendments. LC:ls M-93-237 11A ORDINANCE NO. - 1993 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 113 113.01 DEFINITIONS 7. Multiple Dwellinci Unit A residential structure with five or more dwelling units. �8. Landfill Site �9. Person �10. Private Garbage and Solid Waste Collectors �6:11. Recyclable Materials All newsprint including supplements, office paper, corrugated �� cardboard, glass �food and beverage), tin cans, ��a�taH�-e—ez��e�res, aluminum, steel, and magazines and cataloas, and any other materials as mutually agreed upon by the City and �ke its Recycling Collector or building owners and their Recycling Collectors. 12. Recycling Collector Any person or entity engaged in collectincr, transporting, and processing of recycled materials from residential or commercial sites in the Citv. �13. Refuse 3�-:14. Residential Dwelling Unit 33-15. Rubbish �16. Solid Waste -�r17. Swill �18. Waste Matter �19. Yard Waste 11B Page 2 - Ordinance No. 113.07 SOLID WASTE ABATEMENT PROGRAM FEE Effective January 1, 1992, the City of Fridley shall begin charging residential dwellings of one to four units $2.50 per unit per quarter. Effective June 1, 1993, the City shall begin charging multiple dwellings of 5-12 units and other multiple dwellings of 13 or more units certified for service under the City's contract for recycling services 52.50 per unit per quarter. This fee shall be charged in conjunction with the utility billings as administered by the Finance Department. This fee shall be called 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, recycling services to multiple dwellings of 5-12 units and other multiple dwellings of 13 or more units certified for service under the City's contract for recycling services, the purchase and distribution of curbside recycling containers, a drop-off redemption center for recyclables, a yard waste transfer site, and other special abatement activities, as authorized by the City Council. (Ord. 962) • 113.11 RECYCLING COLLECTION Recyclable materials shall be collected at least once a month by a recyclinq collector licensed hereunder. The City's recycling collector shall �}s collect all recyclable material placed along the curb of residential properties and at designated locations at multiple dwelling units of 5-12 units and multiple dwellings of 13 or more units that have been certified for service by the City. Every owner of a multiple dwelling of 13 or more units or other units not serviced under the City contract for recyclina services shall arrange and contract for at least monthly collection of recyclables. Such services shall include collection of at least newsprint, glass (food and beverage), aluminum, steel and tin cans, and corrugated cardboard. Privately contracted recyclina collectors shall collect recyclable materials from �ea� locations designated by their customers. These materials shall �er� be transported by the collector to a processinq site �e and will be marketed as determined by the ~�-�--��'-�~- recycling collector. 113.13 PLACING OF RECYCLABLE MATERIALS Multiple Dwelling Units At multiple 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 designated by the building owner or manager. Recycling collection containers at multiple dwellincts of 5 or more units shall be clearly marked for acceptable material. 11C Page 3 - Ordinance No. Fridley Municipal Center and Fridley Public Schools Recycling collection containers shall be located inside or adjacent to the waste dumpster enclosure. Alternate exterior locations mav be designated by the building official. All recyclina collection located at the Fridley Munic�al Center and Fridley Public Schools shall be clearly marked for acceptable materials. 113.15 REPORTS All applicants for licenses hereunder who provide recycling collection services in the City shall submit at least quarterly reports to the City detailing the weight of recyclables by material tvpe collected durina the previous quarter. Weights collected from multiple dwelling unit accounts shall be reported separately from other commercial accounts. The reports shall be submitted by April 10, Julv 10, October 10, and January 10. CHAPTER 220 220.09 MAINTENANCE 13. Collection of Recyclables Everv owner of a multiple dwelling of 13 or more units or other units not serviced under the City contract for recycling services shall arrancte and contract for at least monthly collection of recyclables to include at least newsprint, alass �food and beveraqe), aluminum. steel and tin cans, and corrugated cardboard. A copy of the owner's contract for recycling services shall be submitted to the Citv in coniunction with the annual renewal of the rental license. 14. Containers for Storage and Collection of Recyclables Everv owner of a multiple dwelling of 13 or more units or other units not serviced under the City's contract for recycling services shall be recruired to provide containers for the storaae of recvclables and for arranginq for at least monthly collection of the recyclables. CHAPTER 11 GENERAL PkOVISIONS AND FEES 113 Solid Waste Programm.ing $2.50 per residential dwelling of 1-4 units and per multiple dwellinqs of 5 or more certified for service under the City's recycling services contract 11D Page 4 - Ordinance No. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1993. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA, CITY CLERK Public Hearing: April 19, 1993 First Reading: May 3, 1993 Second Reading: Publication: 11E CITY OF FRIDL$Y PLANNING COMM�SSION MEETING, APRIL 14� 1993 M M M�.Yw�tiN�YNMM MN MNMN�YM�VMNNNNMNNMMNtiN�YNMMNMMwMNMNNMMMMMMMNwNwwNMMNMN CALL TO ORDER: Chairperson Newman called the April 14, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave NeWman, Dean Saba, Connie Modig, Brad Sielaff, LeRoy Oquist Members Absent: Dave Kondrick, Diane Savage Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Peter Meade, Target Stores John Sandstede, Target Stores Richard Carlson, Park Construction John Miller, 300 Midwest Fed. Bldg., St. Paul Mark and Jean Schwartz, 1372 - 64th Ave. Lynette Jain, 240 Longfellow Street N.E. Frank Labandz, 1356 - 64th Ave. WELCOME TO LEROY 04UIST, VICE-CHAIRPERSON, HUMAN RESOURCES COMMISSION• Chairperson Newman welcomed Mr. Oquist, who will be attending the Planning Commission meet:ings until a new chairperson is elected for the Human Resources Commission. APPROVAL OF MARCH 24, 1993, PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Ms. Modig, to approve the March 24, 1993, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOOSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #93-94, BY TARGET STORES: Per Section 205.15.01.C.(11) of the Fridley City Code, to allow garden centers or nurseries which require outside display or storage of inerchandise, on part of Lots 10, 11, and 12, Auditor's Subdivision No. 155, generally located at 755 - 53rd Avenue N.E. 12 PLANNING COMMISSION MEETING, APRIL 14, 1993 PAQE 2 MOTION by Mr. Oquist, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTEi ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND T$E POBLIC HEARING OPEN AT 7II33 P.M. Ms. McPherson stated the property is generally located south of I- 694, west of Central Avenue, and north of 53rd Avenue. The property is zoned C-3, General Shopping Central district, as are the adjacent properties to the east. The property to the west is zoned R-1, Single Family Dwelling district, and the property to the south is in the City of Columbia Heights. Ms. McPherson stated the petitioner is proposing to construct a 20 ft. by 24 ft. hoophouse (a temporary greenhouse structurej for garden sales. The petitioner has proposed three alternate locations for the hoophouse, two of which are on the concrete pad in front of the Northwest Fabric portion of the store, and the third is adjacent to the building on the south side of the building. All three of the proposed locations would minimize the traffic impact to the garden center. Ms. McPherson stated the petitioner plans to hold garden sales until approximately June 30, 1993. The petitioner is unsure at this time whether this will be an annual operation. She stated it might be appropriate for the Planning Commission to limit the time the special use permit is valid. Staff has indicated in the stipulations that the petitioner will have to notify the Community Development Department by the end of 1993 as to whether or not Target wants to continue annual garden sales in this manner. Ms. McPherson stated that fertilizers, herbicides, or insecticides should not be stored in the garden center to minimize or eliminate any environmental concerns associated with those products. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of this special use permit request with the following three stipulations: l. There shall. be no outdoor storage of fertilizers, pesticides, or herbicides. 2. The petitioner shall notify the Community Development Department in writing by December 31, 1993, whether the sales will occur on an annual basis. 3. If there are no complaints or issues raised by the operation of the garden center, the sales may continue on an annual basis. If problems do occur, the Planning Commission and City Council may review the special use permit request to change the stipulations or to determine if revocation is necessary. 12A PLANNING COMMISSION MBSTING, APRIL 14, 1993 PAGE 3 Mr. Saba stated that Target has conducted outdoor garden sales in the past. If this the first time Target has applied for a special use permit for this type of operation? Ms. McPherson stated she had reviewed both the address file and staff's special use permit list, and it does not appear that Target obtained a special use permit in the past for outdoor garden sales. Mr. Saba asked if the City has ever received any complaints from neighbors in the past. Ms. McPherson stated that she has not heard of any complaints. Mr. Peter Meade stated he is the Assistant Manager for the Target Store at 755 - 53rd Avenue N.E. He stated six Target Stores in the metro area will be testing the outdoor garden centers this year. He stated they did have an outdoor garden center several years ago. Nationwide, they outdoor garden centers were not very successful; however, they were successful in the Minneapolis area. In an effort to increase sales, they are again getting back into this part of the business. The garden center will open by early May and will be open for approximately six weeks. The company they are.working with is Rosacker which has a very fine reputation. Mr. Meade stated they have no problem with the stipulations recommended by staff. Mr. Saba asked if there would be any other outdoor storage other than the plants in the hoophouse. Mr. Meade stated they might bring some garden items out of the store during the day and put them back at night. If the City doesn't allow them to do that, that is fine. Mr. Oquist stated Target is proposing three locations for the garden center. What is Target's preferred site? Mr. Meade stated they would prefer site #3 {adjacent to the building on the south side of the building). At that location, they will not be interfering with Northwest Fabric's business. Mr. Oquist stated he also favored site #3, not only for Northwest Fabrics, but also in terms of traffic flow and staying out of what is actually a fire lane in front of the building. Mr. John Sandstede stated he is the Store Manager for the Target Store at 755 - 73rd Avenue N.E. He stated the hoophouse is made of high quality poly. The sides can be rolled up during the day. Their intention is to have the bedding plants inside the hoophouse. He showed the Commission pictures of garden centers at other Target Stores. 12B PLANNING COMMISSION MEETING. APRIL 14, 1993 PAGE 4 MOTION by Mr. Saba, seconded by Mr. Sielaff, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THS MOTION CARRIBD AND TAE PIIBLIC HEARING CL088D AT 7:50 P.�. Mr. Saba stated he had no objection to the special use perrait request. He stated he also preferred site #3. Mr. Saba that if the Commission recommends approval, he would like to add a stipulation that the garden center be located at site #3. MoTION by Mr. Saba, seconded by Mr. Oquist, to recommend to City Council approval of special use permit, SP #93-04, by Target Stores, per Section 205.15.01.C.(11) of the Fridley City Code, to allow garden centers or nurseries which require outside display or storage of inerchandise, on part of Lots 10, 11, and 12, Auditor's Subdivision No. 155, generally located at 755 - 53rd Avenue N.E., with the following stipulations: 1. There shall be no outdoor storage of fertilizers, pesticides, or herbicides. 2. The petitioner shall notify the Community Development Department in writing by December 31, 1993, whether the sales will occur on an annual basis. 3. If there are not complaints or issues raised by the operation of the garden center, the sales may continue on an annual basis. If problems do occur, the Planning Commission and City Council may review the special use permit request to change the stipulations or to determine if revocation is necessary. 4. The garden center shall be located at site #3 which is adjacent to the building on the south side of the building. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on May 3, 1993. 2. PUBLIC HEARING: CONSIDERATION OF EXTENSION OF A SPECIAL USE PERMIT, SP #82-12, BY PARK CONSTRUCTION COMPANY: Per Section 205.19.02.C.2 of the Fridley City Code, to�allow rock crushing activities to continue until May of 1995, on the West 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 30, Ranqe 24, except the South 500 feet thereof, generally located at 7900 Beech Street N.E. 12C PLANNING COMMISSION MEETING, APRIL 14, 1993 PAQ$ 5 MOTION by Mr. Oquist, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE� ALL VOTING AYE, CBAIRPBRSON NEWMAN DEC7�ARED THE MOTION CARRIED AND THB PIIBLIC HBARING OPEN AT 7t52 P.M. Ms. McPherson stated the property is located in the northwest part of the City at the intersection of 79th Avenue and Beech Street. The property was recently rezoned from M-2, Heavy Industrial, to M-3, Outdoor Intensive Heavy Industrial. The property to the north is also zoned M-3, the properties to the east and south are zoned M-2, and the property to the west adjacent to the Burlington Northern tracks is zoned both R-1, Single Family Dwelling, and M- 1, Light Industrial. Ms. McPherson stated the original special use permit was issued in 1982 to allow rock crushing activities. The City has reviewed the special use permit on a bi-annual basis depending on whether rock crushing activities have occurred. Prior to this current request, the special use permit was extended in 1991. At that time, Park Construction did not conduct any rock crushing activity due to the iack of available material for crushing. Ms. McPherson stated that during the rezoning process which was processed by the City to rezone parcels from M-2, Heavy Industrial, to M-3, Outdoor Intensive Heavy Industrial, several residents appeared at the public hearings to voice their concern regarding the noise of the crushing activities, height of the stockpiles, and possible presence of children on the Park Construction property. Staff also received a letter from an adjacent property owner west of the railroad tracks. This resident expressed these same concerns plus hours of operation and general noise and dust concerns. Ms. McPherson stated that in speaking to Park Construction, Park Construction did confirm that they have had problems with vandals entering the property by cutting through the security fence along the west property line. The fence is eight feet in height which is the maximum permitted by City Code. Ms. McPherson stated Park Construction recently completed a rock crushing activity from the period of January 16 - March 6, 1993. This was again the first time in three years that Park Construction has conducted a rock crushing activity. Park Construction typically crushes rock or asphalt or concrete during the hours of 7:00 a.m. to 6:30 p.m. These are permitted work hours based on the City Code. She stated that Mr. Engebretson, Dispatcher for Park Construction, has said that Park Construction attempts to conduct these rock crushing activities during the winter months when windows are closed due to the inclement weather. 12D PLANNING COMMISSION MB$TING, APRIL 14, 1993 PAGE 6 Ms. McPherson stated that once the material has been crushed, it is stockpiled on Park Construction property. Staff visually observed the pile to be between 20-25 feet in height. During the M-3 rezoning process, the Commission indicated they would like to evaluate the special use permit and the possibly the height of these stockpiles. Ms. McPherson stated the stockpiles are visible from the properties across the railroad tracks. There is some vegetation which provides some screening; however, the vegetation is deciduous so it does not provide year-around screening of the stockpiles. Ms. McPherson stated that if there is no adverse comment at this public hearing, staff is recommending that the Planning Commission recommend approval of the request to extend the 1982 special use permit with the following stipulations which were applied to the 1982 request: 1. Special Use Permit, SP #82-12, granted only for the period from March l, 1983, to February 28, 1984, and re- evaluate the permit at the first regular meeting of the Council in March 1984, providing there has been one crushing operation at that time. 2. The City be allowed to dump their waste concrete material at this site at no cost. 3. Park Construction take the necessary steps to ensure the City and State noise, dust, and environmental limits are not exceeded. 4. The rock crusher, generators, and stockpiles be located as far north and east on the property as possible. 5. The same standards regarding run-off be applied to this site, as applied in the Rice Creek Watershed area. Mr. Sielaff asked if Park Construction was in compliance with the City's noise ordinance during its recent rock crushing activity. Ms. McPherson stated she could not answer that question as there was no City staff person on site taking noise readings. To her knowledge, staff did not receive any complaints. Mr. Sielaff asked if the City can regulate the height of the stockpiles. Ms. McPherson stated there is no stipulation on the original special use permit to limit the height of the stockpiles, and there is nothing in the zoning or nuisance ordinances within the City Code which would limit the height of stockpiled materials. If the 12E PLANNING COMMISSION ME$TING, APRIL 14. 1993 PAGE 7 Commission is concerned about the height of stockpiled materials, a specific stipulation will be needed to address this situation. Mr. Saba asked Mr. Richard Carlson from Park Construction what they have been doing to address the concerns about the height of the stockpiles. __ Mr. Carlson stated they have limited the height of the stockpiles. Since they heard the complaint, they have lowered the piles to 22 feet which is the same height as the building across the street from their offices. Before, the peaks of the piles could be anywhere from 26-38 feet in height. Mr. Carlson stated the City of Fridley dumps all its waste concrete and asphalt materials at Park Construction at no charge to the City. Everyone else is charged a minimum of $25-40 per load. Park Construction also reciprocates in selling back to the City all the crushed concrete at a reduced cost. Mr. Carlson stated he read the Planning Commission minutes when these concerns were raised during the discussion of the rezoning. He stated the people who complained were 1,100 feet or almast two 600 city blocks from the rock crushing operation and 900 feet to the edge of the pile. That is a significant distance from any residential areas. Mr. Carlson stated that while they were crushing, they made several attempts to assess the noise levels, and driving up to it in a car, they could hardly hear it. The railroad trains at this location make a significant amount of noise which about drowns out any noise of the crushing activity. When the trucks dump their boxes, sometimes the drivers slam the tailgates slam which is noisy and annoying, and they have instructed the drivers not to do that. Mr. Carlson stated that occasionally with a southeast wind and dry weather conditions, the dust does blow. However, now that they have leveled the pile, the wind will not hit those peaks, and that should curtail a lot of the dust problems. The northwest winds never affect the residential area. Probably more dust blows around in the yard than from the stockpiles. They have very heavy machinery that works around in the yard, and the yard does get very dusty during dry weather. Mr. Sielaff asked if Park Construction could wet the piles to keep them from blowing. Mr. Carlson stated they do not have any water, but it could be done. Mr. Newman asked if any other materials are stockpiled. 12F PLANNING COMMISSION MEETING, APRTL 14, 1993 PAGE 8 Mr. Carlson stated that the only other material stockpiled is the unprocessed material, and that is kept at a minimum height. Mr. Carlson stated they have had trouble with chiZdren coming in and vandalizing the equipment and starting fires. They have hired a security department to check the property which has _eliminated a lot of the vandalism. They have also put some yard light�s in the center of the yard which has also helped the security. Mr. Oquist asked how often Park Construction has to crush more material. Mr. Carlson stated that the pile crushed in Z990 was 80,000 tons. They still have about 3,000-4,000 tons left. This year they have a project for a big percentage of it. He did not anticipate the need to do any rnore crushing for 2-3 years. Mr. Carlson stated Park Construction has always tried to abide by whatever the City asks and to do things that are in the best interests of the City. They will continue to do that. Mr. Newman stated he has asked Duane Prairie of Park Construction if he would object if the Commission wanted to incorporate the hours of operation consistent with what Park Construction is doing now into the stipulation. Mr. Prairie had said he would not object to that. Mr. Carlson stated that when the crushers come in, they want to get the job done. A crushing job takes so many hours, and if the hours are extended, it just takes longer to get the jab done. He believed their working hours were between 7:00 a.m. to 7:00 p.m. If 7:00 a.m. is a problem, they would be willing to adjust that. Ms. Dacy stated the hours of operation per City Code is 7:00 a.m. to 7:00 p.m. with no work on Sundays. Mr. Carlson stated that if this special use permit extension is approved, at the next crushing operation, they are going to monitor the noise so they can show that the noise generated does not violate the noise ordinance. MOTION by Mr. Saba, seconded by Mr. Sielaff, to cZose the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARTNG CLOSED AT 8:17 P.M. Mr. Saba stated that the Planning Commission had discussed the - possibility of limiting the height of the stockpiles. They had also wondered what limitations other cities have on stockpiled materials. He believed it is something the Commission should 12G PLANNING COMMISSION MEETING, APRIL 14. 1993 PAGE 9 pursue. He was glad to hear that Park Construction is willing to level the piles off to 22 feet, but is 22 feet is adequate? Mr. Oquist stated he liked the idea that the stockpile is no higher than the building near it. He did believe that if they are going to pick restrictions on height of stockpiles, it should be done in the M-3, Outdoor Intensive Heavy Industrial zoning regula�ions, and not in the special use permit. Ms. Dacy stated the Commission had added a stipulation to the special use permit section in the ordinance restricting the height, or they can also request that the Council initiate a zoning ordinance amendment. Ms. McPherson stated that when outdoor storage of material exceeds 15 feet in height, that requires a special use permit, but there is no maximum height. Mr. Saba stated he appreciated the fact that Park Construction is leveling off the piles. Mr. Sielaff stated he agreed the height of the stockpiles for anything might be something to consider through the zoning process, rather than through the special use permit. For this particular facility, he would like to see the problems managed in the best way possible. There are also the concerns about erosion, dust, and noise. It really becomes a management issue. Maybe Park Construction could put together some type of management plan for the City staff. Ms. McPherson stated staff could work with the petitioner to develop an acceptable management plan. Mr. Carlson asked that the more restrictions that are put on them by the City, the more complicated things become. He stated Park Construction is willing to work with staff whenever the City receives complaints. The file could be researched to find out how many complaints have been received by the City in the 12 years Park Construction has been in operation. Park Construction has always tried to be good member of the business community. Mr. Carlson stated that because of complaints about the stockpiles, they have been lowered to 22 feet. Lowering the piles is an additional cost to Park Construction because the piles then take up more yard space, leaving less space for their other equipment. He would recommend that they work with staff; and when complaints are received, they will work with City staff to resolve the complaints. Mr. Sielaff stated a management plan makes the City staff aware of what Park Construction is doing so that when complaints are received, the staff can respond to those complaints. It does not 12H PLANNING COMMISSION MEETING, APRIL 14, 1993 PAGE 10 have to be a complex plan. The City does not want to place more restrictions on Park Construction. Mr. Carlson stated he had no problem with writing a letter to staff outlining what Park Construction is doing to address the neighbors' concerns. Mr. Newman stated that, as he understands it, Park Construction is willing to submit to the City a simple summary letter outlining their management procedures, and that Park Construction is also willing to meet with staff and with neighbors when complaints arise. Ms. Dacy stated that in reviewing the mailing list, it did not appear that Edward Bishop, 212 Ely Street, was included in the mailing list for this public hearing. Mr. Bishop had expressed several concerns in a letter to the Council and Planning Commission. She apologized for this error, and stated that she would be more comfortable if the Commission could table this request until the next meeting so that Mr. Bishop can have an opportunity to attend and hear the responses to his concerns that have been made by Mr. Carlson. She stated this would not interfere with this item going to Council on May 3. Mr. Oquist suggested staff review the mailing list and records to make sure no one else has been overlooked for notification. MOTION by Ms. Modig, seconded by Mr. Saba, to table SP #82-12 until the next meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARTD T8E MOTION CARRIED UNANIMOIISLY. 3. LOT SPLIT REOUEST, L.S. #93-03, BY MICHAEL OBERLE FOR D& N FEDERAL SAVINGS BANK: To create two separate parcels, Parcel 1 and Parcel 2, described as follows: Parcel 1: Lots 29, 30, and 31, Block 3, Spring Brook Park, Anoka County, Minnesota, and together with the North Half of the vacated alley adjacent to said Lots 29 and 30, Block 3, Spring Brook Park, lying between the Southerly extensions of the East line of said Lot 29 and the West line of said Lot 30, in said Block 3, Spring Brook Park, Anoka County, Minnesota Parcel 2: Lot 28, Block 3, Spring Brook Park, Anoka County, Minnesota � This property is generally located at 260 Longfellow Street N.E. 121 PLANNING COMMI$SION MEETING. APRIL 14. 1993 PAGE 11 Ms. McPherson stated this property is located in the northwest corner of the City. The property is zoned R-1, Single Family Dwelling. Properties to the west, north, and east are also zoned R-1, Single Family Dwelling; and the property to the southwest is zoned R-3, General Multiple Family Dwelling. Ms. McPherson stated the purpose of the lot split is to divide Lot 28 from three other platted lots, Lots 29, 30, and 31, in order for D& N Federal Savings Bank (represented by Michael Oberle, the petitioner) to divest itself of the mortgage which was applied for on Lots 29, 30, and 31. The title history is somewhat complicated in the fact that there are several properties which are involved and a combination of contract for deeds and warranty deeds on the properties. Ms. McPherson stated that in 1987 Mr. and Mrs. Jaeger received a mortgage on Lots 29, 30, and 31 from Investors' Savings Bank. In 1988, the Jaegers acquired Lot 28 by tax forfeiture. The mortgage on Lots 29, 30, and 31 was then assigned to D& N Savings Bank. In 1990, the parcels were combined into one tax parcel for ease of processing tax notification, assessments, etc. That in itself has a more complicated history. Ms. McPherson stated that in 1991, the Jaegers sold the property, Lots 28, 29, 30, 31, in its entirety to Mr. Zweig on a contract for deed. On the same day the property was sold to Mr. Zweig, the Jaegers assigned their interest in the contract for deed to Mr. and Mrs. Stewart and then warranty deeded the property to Mr. and Mrs. Stewart. In 1992, D& N Savings Bank foreclosed on the mortgage which was assigned to Lots 29, 30, and 31. The mortgage does not apply to Lot 28. Ms. McPherson stated the Commission members had a copy of a letter dated April 14, 1993, from the petitioner, Mr. Oberle. She stated D& N Savings Bank is attempting to collect on the loan guarantee from the Department of Housing & Urban Development. Ms. McPherson stated that by approving the split of Lot 28, the City would, in effect, be approving a split to create a non- conforming, unbuildable parcel. The parcel would only be 30 ft. by 150 ft. Staff spoke with Mr. Stewart who would be the next owner of Lot 28, should the split be approved. Mr. Stewart has indicated that he has no interest in receiving Lot 28 as the owner and, as stated in Mr. Oberle's letter, Mr. Stewart is also not interested in acquiring the entire property for the amount indicated in the letter. Ms. McPherson stated the other interested property owner who contacted staff is Mr. John Jarvi who lives at 240 Longfellow Street, the lot adjacent to Lot 28. Mr. Jarvi stated that he had attempted to purchase Lot 28 when it went tax forfeit in 1988. It is possible that Mr. Jarvi may still be interested in acquiring Lot 12J PLANNING COMMISSION MBETING, APRIL 14, 1993 PAGE 12 28. If so, those negotiations would have to occur between Mr. Jarvi and Mr. Stewart. Ms. McPherson stated staff has no recommendation at this time regarding the lot split; however, staff will reiterate that approving the lot split creates a nonconforming, nonbuildable lot. Ms. Dacy stated she spoke to Gregg Herrick, City Attorney, late that afternoon. Mr. Herrick has discussed this matter with Mr. Oberle. Apparently, there was a question as to whether or not the lot split application even pertains to this case. Mr. Herrick verified that the lot split procedure is valid in this case, because by virtue of creating a separate parcel, they are creating a parcel that is below the minimum lot area and lot width requirements in the R-1 zoning ordinance. Staff is concerned that if the lot split is approved, the lot will be owned by someone who will not maintain it. So, what they are trying to do with this process is to get people together and try to get the problem solved. Mr. John Miller stated he is a partner of Mike Oberle. Mr. Oberle is the attorney in their law firm who handles foreclosures, and that is how he got involved in this particular transaction. Mr. Miller stated he has gone through the City's subdivision ordinance, and it does not appear to him that there are any set criteria of factors that should be taken into consideration when the Planning Commission or City Council has a lot split to consider. He would suggest that there are a number of factors that are relevant, but he did not believe they have to get to that particular issue at this time. Mr. Miller stated this is a situation where they have what is nominally one parcel but is in fact two parcels. One parcel owned by two different people who never went into partnership to develop the property, and are being forced together to negotiate when actually neither party wants to really enter into negotiations to solve this particular problem. Mr. Miller stated the mortgage that was taken by the bank occurred before the combination of the parcels for tax purposes. It appears that the combination was done for real estate tax purposes in order to help facilitate sending�out notices and things of that nature and was not done for zoning purposes. In fact, in 1988 when the combination took place, Lot 28 was a nonconforming lot at that time which had evidently been allowed to be created at some time in the past by the City. Ms. McPherson stated the staff report does not go into the combination portion of the title history for tax purposes, but prior to the meeting, she researched the Assessor's files regarding this issue. At one time, Lots 28 and 29 were stand-alone parcels. 12K PLANNING COMMISSION MEETING, APRIL 14. 1993 PAGS 13 They were each assigned an individual PIN number. In 1988, Lots 28 and 29 were combined into a single tax parcel. Also, at that time, Lots 30 and 31 had been a single tax parcel with a single PIN number. It wasn't until 1990 when the two sets of parcels were actually combined into one parcel. Mr. Miller stated D& N Federal Savings Bank took the mortgage prior to any combination. Ms. Lynette Jarvi, 240 Longfellow Street, stated they are interested in Lot 28. Ms. McPherson stated she would provide the necessary information to Ms. Jarvi. Ms. Dacy stated the Commission has two options: (1) to recommend approval of the lot split subject to Lot 28 being combined with the property at 240 Longfellow Street and successful conveyance. This option would move the application on to Council; (2) to either approve or deny the lot split as is, separate from any other property owner action. Mr. Newman stated he has some fairly strong feelings about this. He believed that from a legal point standpoint, the bank has done everything properly. One of the tenets of real estate law is that once the first party records its interest, it gets priority over anything that happens afterward. The City is trying to implement good planning policy, but he has grave concerns about preventing the lots split. As a general practice, he can see the real estate community becoming quite upset if the City denies this. When the bank files a mortgage, it cannot later convey title, because it is bound by decisions after the fact for which it had no input. The Bank had no control over the decisions made to combine the parcel. Mr. Newman stated he is also concerned because the house is vacant. A vacant house creates a potential problem for the lender and also for the neighbors. There is nothing the City can do that will address all the concerns, but in some ways the problems are ones the City has created and not the bank, and he believed the City has to address the Bank's concerns. Hopefully, at some point in time, everyone can get together and solve some of the problems. Ms. Modig stated she agreed that the Commission has to take some action now. Mr. Oquist also agreed. He stated it is not the fault of the petitioner or the property owners that this lot was created. Thirty foot lots were acceptable at one time. The City has had to deal with them in the past, and the City is going to have to deal with this one. He believed the lot split should be approved. If the Commission does not approve the lot split, nothing happens and 12L PLANNING COMMISSION MEETING, APRIL 14, 1993 PAG$ 14 that is worse than getting things organized so things can move forward. MOTION by Mr. Oquist, seconded by Mr. Oquist, to recommend to City Council approval of lot split, L.S. #93-03, by Michael Oberle for D& N Federal Savings Bank: _ To create two separate parcels, Parcel 1 and Parcel 2, described as follows: Parcel 1: Lots 29, 30, and 31, Block 3, Spring Brook Park, Anoka County, Minnesota, and together with the North Half of the vacated alley adjacent to said Lots 29 and 30, Block 3, Spring Brook Park, lying between the Southerly extensions of the East line of said Lot 29 and the West line of said Lot 30, in said Biock 3, Spring Brook Park, Anoka County, Minnesota. Parcel 2: Lot 28, Block 3, Spring Brook Park, Anoka County, Minnesota - This property is generally located at 260 Longfellow Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. Ms. McPherson stated this item will go to the City Council on May 3, 1993. 4. VACATION REOUEST, SAV #93-01, BY MARK AND JEAN SCHWARTZ: To vacate the East 8 feet of the alley adjacent to the West lot line of Lot 13, Block 2, Spring Valley Addition, generally located at 1372 - 64th Avenue N.E. Ms. McPherson stated the petitioners request that a vacation be approved to vacate the east eight feet of the alley located directly adjacent to their property. The property is zoned R-1, Single Family Dwelling. There is additional R-1 zoning to the east and south, and there is R-1 and C-1, Local Business, to the west. Ms. McPherson stated that between the Schwartz' property and the Labandz' property at 1356 - 64th Avenue, there is a 16 foot easement for an alley which extends from 64th Avenue on the north to Rice Creek Road on the south. The petitioners are requesting that the 300 foot by 8 foot alley.easement be vacated. There are utilities located in the alley easement. Ms. McPherson stated the alley was originally platted with the Spring Valley Addition and could provide a means of access to the rear of these properties in this general vicinity should a road in an east/west direction be constructed along the rear property lines 12M PLANNING COMMISSION ME$TING, APRIL 14. 1993 PAGE 15 to the east. If the alley is vacated and a street and utility easement is not maintained over the vacated alley, this would potentially limit the number of options for a future subdivision in this particular neighborhood. Staff is requesting that this type of easement be maintained over the vacated portion of the alley. A utility easement would also need to be maintained. Ms. McPherson stated that after the petitioners applied for the vacation request, the Labandz', the neighbors to the west, also applied for a vacation request to vacate the west half of the alley easement. Staff has contacted both petitioners to see if a joint vacation request could be processed at one time, thereby vacating the entire all-ey. Ms. McPherson stated staff is recommending the Commission recommend approval of the vacation request with two stipulations at a minimum• 1. The petitioners shall execute and record a street and utility easement in place of the vacated alley. 2. The petitioners shall execute and record a hold-harmless agreement provided by the City. Mr. Mark Schwartz stated that this alley was platted 52 years ago, and it has never been used as an alley and probably never will. He stated he has lived here 7 1/2 years, and the alley was never maintained before he moved there. He has put a lot of money into seed and dirt to make it Zook like part of the neighborhood. Yet, because it is not vacated, he cannot use the alley the way he wants to use it. He stated he realized a utility easement has to be maintained. He was not sure whether the street easement is needed and would prefer to see the street easement not part of the stipulations. Mr. Schwartz stated that if all the neighbors on the block decided to split the backs of their lots to create another block, he would suggest bringing a street down the middle and curving it out to Rice Creek Road. The City would not have to acquire any additional property. He stated his house sits approximately 20 feet off the alley, so he did not know how much closer the City could come to his home to acquire enough property for a street. � Mr. Frank Labandz stated he did not want to see any street there because the children play in that area. A street would be a bad idea. Ms. Dacy asked Mr. Labandz if they are interested in vacating the west half of the alley. Mr. Labandz stated, yes, they filed for a vacation on Monday, April 29. 12N PLANNING COMMISSION ME$TING, APRIL 14, 1993 PAGB 16 Ms. Dacy stated that if the Schwartz' are willing, the vacation application for the west half of the alley could be heard at the April 28th Planning Commission meeting. Then, both applications could be combined with one ordinance going to the Council for the same alley. _ Mr. Schwartz stated that if both the vacations can be done at the same time, that would be great. Ms. Modig stated she is a little concerned about the stipulation for a street easement. Mr. Sielaff stated he would like to see that part of the stipulation deleted. Mr. 5aba agreed. He did not think it very likely that a street would ever be built there. Mr. Oquist stated he also would agree to the elimination of the street easement from the stipulations. Mr. Newman stated he would be inclined to keep the street easement as part of the stipulations. This area has had a variety of applications over the years, and it is also a unique area because of the high water table. Even though he cannot visualize how the easement would be used, he has seen examples in the past where leaving a street easement has been a benefit. There are not many buildable sites left in Fridley, and it allows the City to keep its options open. MOTION by Ms. Modig, seconded by Mr. Saba, to table action on SAV #93-01 by Mark and Jean Schwartz until the next Planning Commission meeting when Mr. and Mrs. Labandz' vacation application will be heard. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. 5. RECEIVE MARCH 1 1993 PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Ms. Modig, to receive the March 1, 1993, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOOSLY. 6. OTHER BUSINESS: a. Meeting with City Council 120 PLANNINQ COMMISSION MEETING, APRIL 14. 1993 PAGE 17 Ms. McPherson stated the Council will probably be meeting with the Commission on either April 28 or May 12. Mr. Newman stated that if the Commission members give him input on items they would like to discuss with the Council, he will formulate those items in a memo to staff and Council. ADJOURNMENT• MOTION by Mr. Saba, seconded by Mr. Oquist, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried unanimously. Res ctfully sub itted, ��. ��. Ly Saba Re rding Secretary 12P S I G N- IN S H E E T PLANNING COMMISSION MEETING, Wednesday, April 14, 1993 Name Address/Business � �- Ul ` �'� 0 GU �d we7� � � � . `� � � �� 3 is- �.E,� �. � s L tQos �U �� s� r r --�._ � �,� _ . . ;� %� ��'l� // l��'zz�L %��'J �1� S �"? `—' f'v-� ,�; -�< � I ,,: = �.C�s-� ` �p �lllz �l'�i/�,�`' �z� �..Y-� \ � y � � ��z� w �-��7`Z. 2 � � vN`. �c�, � �.r� � - y , '�� c� / 3 �":� _ � � — �v = �2 �' �.c y `, �. 12Q ��( 3 �_ ',� J�l �'2/ S 4 ��, ; ��y � I �� r � � � Community Development Department PI�ANNING DIVISION City of Fridley DATE: April 29, 1993 � �` . TO: William Burns, City Manager �, FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #93-04, by Target Stores; 755 - 53rd Avenue N.E. � � The Planning Commission conducted a public hearing regarding the special use permit reguest by Target Stores, to allow garden centers or nurseries which require outdoor storage. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. There shall be no outdoor storage of fertilizers, pesticides, or herbicides. � �" 2. The petitioner shall notify the Community Development Department in writing by December 31, 1993 as to whether the , sales will occur on an annual basis. 3. If there are no complaints or issues raised by the operation of the garden center, the sales may continue on an annual basis. If problems do occur, the Planning Commission or City Council may review the special use permit to change the stipulations or determine if revocation is necessary. 4. The hoop house shall be located at alternate location #3. MM/dn M-93-208 REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size �I Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent I Zoning and Uses Environmental Considerations RECOIV�IlVIENDATION Staff � Appeals Commission Planning Commission I Author �/dn S TAFF REP O RT Community Development Department Appeals Commission Date Planning Commission Date : April 14, 1993 City Council Date : May 3, 1993 SP ��93-04 Target Stores; Jerry Williams To allow garden centers or nurseries which require outdoor storage. 755 - 53rd Avenue N.E. C-3, General Shopping Center District Retail - C-3, General Shopping Center to the East; R-1, Single Family to the East - Residential, retail . Six Cities Approval with stipulations Approval with stipulations � � 3, T. 30, R. 24 FR/OL E Y 42 W > ii � � i� � � ._�. . a 41 < e, `�, .. � �. ` Q - ,T-T— r� � .: ,. r , . �-t ri � �`.a ,I � ; _ 7 �.: �, •� �'��'°Y �~ I i 57TH. � `AVE.'. :r, �¢, +;;: '! "%�• "%� '4` i� �-�r i ��f ' '+ ' �: + '�' A °`° i�l (� '�'�; " 'Q'�� :��.: rii � � ;;� , --- �� - IN E TAT WY _�-_� ---T—,_�_ NO•694 ---=r=-- �---"-- ----- ------- ------�--------- --: _-,._.._ - e rr 9p s: .w, �� :� ;,j: ,r � . , c. ,r` }� � � � • • � �. • / . ' .� y:. . � 7 cHea� �/R.�i4 b 'i �11� i� � :� " 54 TF "" M� , '> h�` (+� � "' o 5/3 V2 {� (N I 7 n rr, , �� ,��" � A .„ -1 f :: '� 43 � . ,�. suaoiv�sioN � . � --� SP ��93-04 Target Stores lHiS IS A COMPILAi1pN Of RECORDS AS INEY APiEAR IN iHE ANOKA COUNTy OffICES AFFECIING iHE AREA SHOWN. THIS ORAWING /S 70 6E USED ONIY FOR ; RfFERfNCE PURPOSES ANO iHE COUN• I lY IS NOI RESPON516LE fOR ANY IN- � ACCURACIES HEREIN CONTAlNED. � 53923 . � W � Y J � 1 W 1 W, � I � ... ° � � . � a '��. ====-=-�_ � ��. � �' °,` ' F-=� � R� � � ' =P.� s.'j- - � „� . �-� ; �. ,.. � �. ., . .� � 1 � r��- � � ' �.- _- � .«�,..; ,�.... � y< ..., . 12T LOCATtON MAP ti : -, N E — SP ��93-04 Target Stores if v� � te is /B !7 s.� u�r �> �4 !�N r�_��'� K �f �/ if �c H -- �"-Qt++..��_.,..�,gc�- • t�! =7 ��l��J :r r j .� a1: � 7i ��.�j �y • �r �ts �i• ' �'��% '� � °r f �r �'�` � �� , �� ' . . ' � ► ►�'>''► � ��€.�, �. _- - .�� - - -�- �. _ ,_ : � .- .-- . � AVENUE N.E. -- r Avenue - � 12U � _� 1 ~ ZONING MAP � L i+ � � U Staff Report SP #93-04, by Target Stores Page 2 Request The petitioner requests that a special use permit be issued to allow a garden center or nursery which requires outdoor storage. The request is for 755 - 53rd Avenue N.E. Site The Target propert Avenue, and east of General Shopping Cen The property to the the property to th Heights. Analysis y is located south of I-694, north of 53rd Central Avenue. The property is zoned C-3, ter District as are the properties to the east. west is zoned R-1, Single Family Dwelling and e south is located in the City of Columbia The petitioner is proposing to use a 20' x 40' hoop house, as it is described by the greenhouse industry, to conduct outdoor sales of bedding plants and related garden items. The petitioner has proposed three possible locations for the garden center. These locations are on the concrete pad along the east and south side of the building adjacent to Northwest Fabrics. All of the proposed locations minimize conflicts with vehicular traffic. The petitioner is proposing to conduct garden center sales until approximately June 30, 1993. If the garden center is successful, the petitioner will continue to conduct garden sales on an annual basis. It may be appropriate for the Planning Commission to limit the time the special use permit is valid until it can be determined if the petitioner will be conducting garden sales on an annual basis. Fertilizers, herbicides, or insecticides should not be stored in the garden center to minimize or eliminate environmental concerns. Recommendation Staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. There shall be no outdoor storage of fertilizers, pesticides, or herbicides. 2. The petitioner shall notify the Community Development Department in writing by December 31, 1993 whether the sales will occur on an annual basis. 12V Staff Report SP #93-04, by Target Stores Page 3 3. If there are no complaints or issues raised by the operation of the garden center, the sales may continue on an annual basis. If problems do occur, the Planning Commission and City Council may review the special use permit to change the stipulations or determine if revocation is necessary. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission added a fourth stipulation: 4. The hoop house shall be located at alternate location #3. Staff Update Staff received updated information from Target regarding the types of materials to be sold at the garden center. In addition to bedding plants and packaged bulk items such as top soil and peat moss, Target will have a wide selection of trees and shrubs. The trees and shrubs will be stored on pallets and located outside the hoop house. The arrangement of pallets should not adversely impact traffic around the hoop house (see attached drawing). City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 12W �� N $ W � 0 � 0 . �Q �P +� � -. �a b . ��y. SP ��93-04 Target Stores anv tYp1n�J / b . , • �" �'' � I � � �� Iy.N....._. €� - � iw a � s ��V W f� � � - -��.. �N .. �� ` ♦ � � , -+-+ww� �,- • - - ` ' - r = - - � i I) � � --- � I . ' I .' ;� , . r•..� i � � � . • ��-� � I � / ► i— —;—+�--- — — , yC'1. —�` _._an__��.._. „ w N� Y Ir— . � � � � � � . � 11 "E � � � � �M .- � . . . � . ;, � �� i � � � � i�" _= = _ =M= � __'.' - _ _�_ _ -- - . 1- — — — ss— — ; Ql � - . � � . ' • � �...._...... '. t . � . ' , � �� ' +, � � ; � .G �c �. .. ._. � 12X � . SITE PLAN 1 � ��-� J.R. Johnson's Parking Lot S�ructures Th ��2�2�'�arking Lot House was designe�d to maximize ease and efficiency of set up. No palt of this struCture (s longer ihan 12', and can easlly fit into a pickup. Installation time is less than 3 hours. We've designed this greenhouse to be assembled using a minimum of tools. The 3 piece hoops are made from 1.315" O.D. tubing and are held together with a spring-lock pin (Detail A). They are installed on 4' centers. The 3 runs of continuous purlins are attached using our Hammer-clamp (Detaii B& C). The 4x4 angle-base assembly comes in 12' sections, with welded hoop sockets. A wire insert polytock is attached to the outside of the base and end hoop. The cover width is 32', and either clear or white poly film can be used. The wire lock also is compatible with shade materials. You can also purchase an optional endwall frame package that has one large door opening and polylock to finish off your structure. •MKOC�I �/ f1v1n(�_ j YoI12S�� a�^� 1 �.. '� _ " �� INi{O •I�SPMwIT � �T�-��_' 1 ,:..,�.« - � - - �,...�.� � � = '��' '� �:� .` PARKINGIOT BASE � lp ti-:uc.�...,,r ''�� .��► I' � � •^ � ,- I � � , , . 'r `' �i�!) � v�� 1� �7�� ,�' 1 f�, PAGE 97 Prices subject to cha�ge without notice 12Y _ �3 �..y wK'.f'r �� ' ^Y P � $ �t4 � p l ♦� :p 1 t . . . ,k�,3�'' }i , y¢ � 'j� t� :.i �_ . . . . . � u - . ak " .� � � �; . . .: i � 2 L . . • ; .. . . . . . , . . ... <.� . . . . . .. .. . . �..� . ..�.. .. . .. � . -..� . . - .. - - . .��,_ , q. s�, y �_;�� , CITY OF FRIDLEY : ,. ;. .. ; �. 6431 UNIVERSITY AVENUE N.E. ,r , , _ � � FRIDLEY, MN , 55432 ` , r . : t, � .� � �, ,, �. ; ` �� , ' r". (612) 571-3450 ' `COMMUNITY� DEVEI.OPMENT�DEPARTMENTz ,'�`-.Yt' �`{�� , _ _ 5 � , • ,y� 5� . , ,, . � . ;. : . .. . , , �. : ., , ,.. . .:. . _. ,.. , � f Jy. . . . . , ., . _ :. . . _ . , , �p.r'S ': ;� SPECIAL USE PER:IVIIT APPLICA�'ION FORM ,.. : ��tOPERTY INFORMATION - site plan required for submittal;� see attached Address: � � S�� .�.L �� 'S _s.�, a.o ��,€ �.�.� iin,�. S�'`�z/ Property Identification Number (PIl� Legal description: _ Lot _ Block TracdAddition Current zoning: C'� Square footage/acreage Reason for special use rmit _��,�o�•v� �'F•r�ea:,e,�i �'� s�'�l �c`a�aliw � r�'�dna� �5��-�f �� ,��,y �'L� --=��-� b��d, ,Y Section of Ciry Code: Z b 5 ' � 5, C S l. � e 1( ��..�..►� Have you o iated a business i�i a city which required a business license? Yes � No If yes, which city? i". ��.� If yes, what type of business? �� 3�, ,� Was that license ever denied or revoked? Yes No .� :_ . . . ,; , �EE OWNER INFORMATION (as it appears on the property title) . (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME �i�c� -�ai�s �� ADDRESS ��" 5�3.� ,o �� f'.a�,G�� ti,c./ ��L> DAYTIME PHONE �7/- l�-3�% SIGNAT � zs DATE 3- �� S� ,- , P _ ETITIONER INFORMATION , NAME _ _ .� ic�L � <s'�rc .� � r._./� �� i �� i1�r.o� � ADDRESS_ ��'s�' S'3� � �4//� ,� �i�e� ,�,,�i �c'S-512 % DAYTIME PHONE ��7 ��% SIGNAT RE � J �.�"_�►.�e,/� DATE ��/2-�i� Fee: $200.00 � $100.00 for residential 2nd accessory buildings : ' - - - - - Permit SP # �3 -� � Receipt # �0�-3 Application received by: ' _ _ Scheduled Planning Commission date: � Scheduled City Council date: �. r. r � � „ ,� ,��..�; `1`2Z *_� � �. • Target Stores 755 53rd Avenue North East Fridley, M9nnesota 55421 Telephone 612-571-9361 Community Development Department City of Fridley 6431 University Ave. N.E. Fridley MN 55432 Since the Planning Commission meeting on 4/14, some additional information has been received. In our original meeting I stated that the scope of the project would be limited to the bedding plant hut with so�ne additional pallet spaces around the hut for bagged, non-chemical items like wood chips and peat. The new information is that we want to also have some spaces on pallets for schrubs and a limified assortment of trees. I have enclosed a listing of the additional items as well as a schematic of the layout. One of the concerns brought up at the meeting was the traffic flow through our lot. The proposed iayout with the additionaZ pallets will actually improve the traffic flow patterns and reduce any congestion. If there are any questions or concerns, please let me know. I will do my best to get you the answer A.S.A.P.. Thanks� � � �;/Gr-�--� ` Peter Meade Asst. Manager Target ��8 A Division of the Dayton Hudson C�p� • Target Stores 755 53rd Avenue North East Fridley, Minnesota 55421 Telephone 612-571-9361 -----�► ti'�s�c �'h v� W � l� "J � n' .� � � n� � ti �� A Division of the Dayton Hudson �� .� _._. � � , ' .� � l • , � �7+ � -r�YGN�W�7K/'`� ��l(M�iVi�j �_= ir57 ;;i1:F �AP"n:i 15) I TA^nGE - ------' �ITESA--- ---------- ----- ,---SiZE ITEId �ND SY.IP j7A/;Y_3)_, S�Zk' TARIeET ��.E�IT:^.�-�--------�..------7---•- ITEIA - --�--__ ITL•fA M C _ ' �` ___--- ;Ju_�per.Ofd �r' �.___'_'�..-M1�POt _'__.'__' Shntt9:_ _ � T � ._ -._ ?.urroer.Pr,.�-- - ----- -- -- �- -- --- Bar�c�ry`Crirnson Py my-T` 1!1 put �e: C-ma ---F-fi7 pot � - g-- ----•- -•-------�-- t�-------'��--'---�- � Barban Red i/l a i,.an:per-AnCC:ra Cnmpac: I,+ti Po�_ -- E� y� �� kl � t �Jumper•Sare�: Eluo �1 � _.__ Pot �_--`----- Dot � -}------- Cotoneaster_Apicule�a R1 po! ( umper•prcaCmcor !i Dot Coieneaster Pekin _g� po� � � -�'----°- _ j!.�niper•Pracu:naens Dwl 1 lti oo1�T- - - . . eROREEN TOTAL: Yew-Cark Gre..�t S f 1011 2.-- --- _.�------•�- -----' Arb-Y/oadward GWbe � 10/12' 15pruco_B�ack NiUC tylltS' � - iS�mr.e-�dora•?o Olue 15/18.�f- +SR90.LL EYcRG�EEN iOTAL: L1---- -'-�--" _ --- ---- r!�n+pv;-O�fd T_p _ �3 15/18' � Jani�»r-S�e G-�e , �1 N3 15/18' .!vnipe.-nnd��rra Compaot �i3 ib/10' --T----• Juniper•0ar Na�tor �M3 15118' � i.-------�--- Jumper-21ue Ru� K3 15/78' Janiper-Q:ue Cr.iP d3 13/78' ---- �uniper-ProcomCene pw} ;N3 15:18' � J�.r.iper�Yletcri � �43 ib/18' - +� ---'-�---�--- Junirer-Tam !�cnr 8ioe - �!3 15l18'� JVN!PEA T9TRL: _ �---` ------ Y4w-park Green ::d 1 p/ 1�= - -"- Nh-Ylooawa:d Gio�? i5113' -'- F.rb-7echny pkG` Zz � 1511 g. - --- Aro-Pyramdalia � 18123•�.T - z � IZ EVc :un Pom-Pom Sai �AaMe. SiF+er Oueen 0l8• -7----- __ --'L---'-- �Canacla F;ee Cne:ry --- � 5l6•. --(----- 1—��o:t�Pium ------'-Si7: --------� `^,�iALL � 14DE "fO7AL----- —'--- ---'--�-° _... �. � ___ ' ' __"_'__"_'__'___�'..-'.'__""' � ... .. . .._ .. � ._. ....�.. IA- �n: Au - '.ri.'1nCe ' 4/: ...... .�. .� ...... _ . ._"'_' __"'_"" . � . - ' ___ "_"_".._.___""'.'_ .�.� . ...'_'_ .-'_'._. ^:�b,_S:Jy_ t': ' �• � �CraD. F�olcss�cn�----------- --5/7' �i--'------- � ia!,.�HoGinsr.. Fir.t '-'----- --o/i:- --'---`-- � .s. � �.. ". .'.'.__'____...__ � .. . .... ._ _.!__...._.. .. ;� .:J��, �pn�tJ Srr:.: r. � 7 -'' _."._'... _ . . ...... .__._... .._' .... ' . .� ..... �CFAB TREB TOiAI: ' �- �-- . � __ ---------- -------�------- � --- ; -�- - --.. '---'r- -�-----=----- -- � -•-------------'----`--��--------`�----°---- 12CC x `, ■ I _ � Community Development Department Pr��G DrviSION City of Fridley � DATE: April 29, 1993 � . TO: William Burns, City Manager ,�� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT:. Lot Split Request, L.S. #93-03, by Michael Oberle; 260 Longfellow Street N.E. The Planning Commission conducted an informal hearing regarding the lot split request at its April 14, 1993 meeting. The Planning Commission voted unanimously to recommend approval of the lot split to the City Council. The Planning Commission cited the following reasons for approval: 1. The combination of the lots into one tax parcel is not under control of the bank. Either the Gity or County required the combination; the record is not clear. 2. Approving the lot split moves the problem off "dead center". Once Lot 28 is split, the property owners can move forward. 3. The more time which passes before Lots 29-31 can be conveyed to a new owner, the greater the risk that the dwelling will be damaged. MM/dn M-93-207 !� 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 Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations I RECONIl��NDATION Staff Appeals Commission Planning Commission Author 1�t/dn STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date : April 14, 1993 City Council Date : May 3, 1993 L.S. ��93-03 Michael Oberle To split parcel due to mortgage foreclosure 260 Longfellow Street N.E. R-1, Single Family Dwelling Residential R-1, Single Family Dwelling nn west, north, and east. R-3, General Multiple Family Dwelling to the south. Residential Not applicable Six Cities See staff report Approval � //2 SEC. 3 C/TY OF 31 � L % '�° 1 �, C\• ; ! `� �� v J x o° 0 0 z � �_ � �;�� N'� �9 " ��.- �'�' .� �. y � (.) � < � � _ \ ' _w �� '�\�\�' �c��— _ , , \.. �F.,, 34 5 1,- � � ,.\ _� T. 30, R. 24 FR/OLEY 12FF � \w �,j\�r S L . S . �� 93-03 Michael Oberle ,. - � �. �r-.wi.k..,:�,. � a.�.. �_______ � % / I % / � � � `\ 1j ,�.,. � �� ' _ i _ - II / I . w .. . <,Q.z . . . ._ . �. .r� �_ da i � r,� � LOCATION MAP f� ,� , � � � .�� . � �� . . �.. .,�' _ -,: a 1 .�� ■�� iii ',�li ��.. �, •%��■ � .■■■� ■■■■. �� i/ � , , .►�. % � O • ��' . = �� t 5 �-� f• 3r , i � 4 S � !1 � ElY � ` r (1 ! L.S. �F'93-03 Michael Oberle � `� ��`-� ' � `,'� '� � ,..� q +� �'' �'3 � �� : ��-� � +`� , •�. 't,:r ^• ..� �� "� O `.rr � V � i � � � � �� -`�;� � � � ��;,;;� � �� ; � :} � � � �� \ �� `ti% v � `C� � � � .� I .\ � ., � � � � , � � � � � ' � -� ' 1 .\ �J � � � ,� , � �, � �;• ,� � F� � �' � � � � � �' � � �'��° � ��*. �``��;-:� .� � � .� � �� ^ . �� } �� r�� f rv� � a f. � tv, ti F Rli�"'' . ' cI�L K �;, . 1� �j,, ELY < .,-... �1 R`� W P 7 Q LIBERTY g � 0 � ~ _ ' /�` ' V`` • . � .G � • • • • o . • �` .�.�. ; - � I 1/• l i t 1R - /` �. • 1� • ; - t . ; I • \�� .'� � � � � � 6 9 . ,��•%� � \t ' s�. ` k � � • �� • • • \� 1 � � • • , r-•• , `-� �,�� '� ` �� Q ti ,�. � � �',�.'I \` � � 1 �.\1�s� ��`s ;,�•�•�I � `\ �. �V . '4� • •r � � � n' ♦ � �� ' t a 5� � , �\ �j'• i ` � f• �' y �►�Y e �q ��•� � FE"�� ' �9^{� L �'� ' � My �� ` o � l,� � �P , • � � 4"� . (-�' `� 0 %4 t ' \` 9 5�� • � � � �c 9,P • "� ,� � ��' } n. • 3 e� • �,�� 12GG ; � - - • • • T • i' �� • • • • • . • •�Z • • • • O k �, 139 ��, �i C �dl� • Y • • / (,; •� �• •�� • • •�• • •, � • • • • • r�� '•., 7 '\ ��i '. , ZONING MA . Staff Report L.S. #93-03, Page 2 Request by Michael Oberle The petitioner requests that a single platted lot, Lot 28, Block 3, Spring Brook Park, be�split from three platted lots;�Lots 29 - 31, Block 3, Spring Brook Park. The purpose of the lot split is to rectify a mortgage foreclosure. The subject parcel is addressed as 260 Longfellow Street N.E. Site Located on the property is a single family dwelling unit with a detached two car garage. The property is zoned R-1, Single Family, as are the properties to the west, north, and east. The property to the south is zoned R-3, General Multiple Family Dwelling. Analysis The property has a complicated title history leading to the foreclosure of the property by D& N Federal Savings Bank. The title history is as follows: 1. 2. 3. 4. 5. 6. 7. 8. P. and S. Jaeger received a mortgage on Lots 29, 30, and 31 in 1987 from Investors Savings Bank. Lot 28 was acquired by P. and S. Jaeger in 1988 by tax forfeiture. The mortgage for Lots 29, 30, and 31 was assigned from Investors Savings Bank to D and N Savings Bank. In 1990, the parcels were combined in one tax parcel. In 1991, P. 28, 29, 30, deed. On the same interest in Stewart. and S. Jaeger sold the property (Lots and 31) to T. Zweig on a contract for day, P. and S. Jaeger assign their the contract for deed to a U. and C. The Jaeger's then conveyed by warranty deed the entire property to the Stewart's. In 1992, D and N Savings Bank foreclosed on the mortgage assigned to Lots 29, 30, and 31. 12HH Staff Report L.S. #93-03, by Michael Oberle Page 3 In order for the mortgage to be rectified, the mortgage company needs to split Lot 28 from Lots 29, 30, and 31, as the mortgage does not apply to Lot 28. The bank owns Lots 29-31, but not Lot 28. Lot 28 is owned by Mr. Stewart. Splitting Lot 2g from the remaining three lots would create a parcel that is nonconforming and unbuildable. It is only 40' x 150'. Staff has spoken with Mr. Stewart regarding Lot 28, as Mr. Stewart is the fee owner of Lot 28. Mr. Stewart has no interest in Lot 28. He indicated to staff that he wants the split to be stopped if at all possible. He has also indicated to staff that he is willing to negotiate with the mortgage company to buy out the mortgage and attempt to sell the property as one complete parcel if terms can be agreed to. In addition, staff has also been contacted by Mr. John Jarvi of 240 Longfellow Street, the property adjacent to Lot 28. It appears that Mr. Jarvi attempted to purchase Lot 28 through tax forfeiture. It is possible that Mr. Jarvi would still have an interest in acquiring Lot 28 should it be split from the remaining three lots. Recommendation Staff recommends that the Planning Commission take no action regarding this lot split request until the petitioner has worked with Mr. Stewart and Mr. Jarvi regarding the alternate solutions. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission cited the following reasons for approval: 1. The combination of the lots into one tax parcel was not under the control of the bank. Either the City or County required the combination; the record is not clear. 2. Approving the split moves the problem off "dead center". Once Lot 28 is split, the property owners can move forward. 3. The more time which passes before Lots 29-31 can be conveyed to a new owner, the greater the risk that the dwelling will be damaged. 1211 �..�y . . CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT LOT SPLIT APPLICATION FORM � PROPERTY INFORMATION - site plan required for submittal; see attached Address: 260 LonQfellow Street Nbrth, Fridle , Minnesota Property Identification Number (PIN) 3-30-24-42-0158 Lega? descriptio �: See attached Lot Block TracdAddition Current zoning: Qca, At,.,,r, kL Square footage/acreage �3 �'� Reason for lot split: Mort�age Foreclosure qf the secured portion of -the subj ect DrODerty Have you operated a business in a ciry which required a business license? Yes No x If yes, which ciry? If yes, what type of business? Was that license ever denied or revoked? Yes No x �EE OWNF,R INFORMATION (a.s it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME D& N Bank Federal Savings Bank ADDRESS_ 400 Quincy Street, SIG1�I4'!'�I7RE 4993o DAYI�ME PHONE DATE /1'� ke �r� t t 4 9� PETITIONER INFORMATION NAME Michael T. Oberle, attorney for fee owner ADDRESS 300 Midwest Federal Bldg. St. Paul, MN 55101 DAYTIMEPHONE (612) 291-8955 SIGNATURE /l% .�io� Q� DATE Ntar. �, 1993 �ee: $100.00 Pennit L.S. # _ `'�� —(�� Receipt # . Sb Application received by: i�l(. Scheduled Planning Commission date: � 1 � - Scheduled City Council date: 12KK 6122281753 SEiYT BY � PET�RSON FRAM BERGMAN ; 4-14-93 :�: 27P1N ; PETEl2S4N FRAM B�ERG.MA-+ WARRkaV � V1C1'(tK.�t(IN jRROMF, P. FILI.A l�AP7lEL lYIZT N'RAM G[.Rf�l�i A. sERGMAN j�iiN MI(9UL�L 6�t+� � v�e (:AlQC � BISl:K1S1� TIMU'Cl1Y J. �'1'Ct !d(CHABL T. ORSRLF �'ETERSON, FRAM � BER(iMAN PROF�IONAL ASSOCIA'l'iUN 3M lllm�vYl�T YT�111�tAt Ktr�1dRIMC 5� BA8717N77! Yl'KCL�!' sc rs�ory tHnvr�eaic�m!► sslm-�i l�Z) �1�6955 FA%NO. (4t2) �'l&1753 l�►pril 14, 1993 M�. MiChele MCPhers�an City of Fr�.dley 6431 University A�sr� N8 F'r:Cdley, MN 55432 RE: 26Ct Langfe7.law Street NE PFH # TR7402 - 91d0�1. Desr Miche].e: 612 571 i287;# 2/ 3 tRF.AL PROPI'sR7'Y iAW S?F,CIA 1.1�1' �� oa�urrrn a ru�wua►. Od.[NUIS. WiLYII1N(rTIMV 11�C-., WGYlY1K�i1N AF (7(I111YR6f. B�GV[N J. b11JYRR z received the Pl�nning Cammission agenda and exhibits which relata ta the lot sp�.it for 26p Langfellowr. S wanted to addrass a number of items and requast that you pass cvpies of this lette� onta the Cammissian prior to the hearing. First, the report states tha'� thE purpose of the lOt split is to "rectify a martgage fQreclosure". There is absolu�e].y nathing irregular in �he mo�tg�ge foreclosure ac�Cl.on completed by this office. It coatpiies wiih a�l. the requirements af M3nar►ssota St�tut�s� with the result that the fee ownership of Lots 29, 30 and 31 is now vested in n& N Bank, Rather, the lot split is required to correct the i.mproper combinatian of twa separate �ax parceXs into one t�x parcel withaut regard to the legai or practical implications af th� cvmbination. The applieants lietx �r�terest was areated in 1987.• Lot 28 was acquired by the th�n pwner of the proper�y in 1988. z can only essume that the creation af one �ax parGel was done �t tYYe behest of ei�her the City or the County. 1 can't beli.eve that the taxpay�r would undertake this vn his own. Secox�d, the report sta�es at page 3 that the lot �p3�it is needed ta "rectify[y] the mox'tgage". Again, I want �o emphasize that absolutely nothing is necessary to rectify or carrect that valid securit� intez-est af n& N Bank or the �esulting foraclosure. Third, I'd l.ike to address the issue of Mr. Stewart purchasing the bank's interes� in Lots 29, 30, and 31.- The mor-tgage which was fareclosed was arxd FHA �nsured mortgage. In arcler for D& N 8ank to collect on the �.oar� guarantee, ri& N must deed the praperty to HUD. Upan conveyance, the bank will col3ect appsoxirtately $78,900 from HUD. Mr. Stewart indicated th�t he is not in a position to pay that kind of money far the property. Furthermore, he 12LL 6122281753 SFNT BY=P�RSON FRAM BERGh9AN ; 4-14-93 ;�=28PM ;PE7�RSON FRAA9 BERGl17A-► 612 571 1287;# 3/ 3 Ms. M�.chele McPhersan April 14, 1�93 page 2 �cknawledged that there is na incen�ive for the bank ta negatiate with hi�a when the HUD guar�►ritee will pay them in fuYl. i wauld li.ke to advise you af trie possible consequences of delays in th� canveyance of the property to HUD. D& N�e�tic will face an interest cutofF �nd the possible denial of it's �laim by HUA. The difference between �he guarantee and net proaeeds if the bank must sell the prop�rty itself can run into the thousands of dollars. If th�re �re al�ernate salutions, those can be explored between Mr. Stgwart and Mr. Jar�v�. I da no� b�lieve that is a basi$ ta impede the Bank's applic�tion. MmO:fj 12MM Sincerely, Michael T, pberle CITY OF FRIDLEY PLANNING COMMIBSION MEETING, APRIL 28, 1993 MMNMMMMNMNMMMNM.V�V NNNMwNNMMMM�YNMMM�IrNMMMMMwMNNNNMMMM�YMNIrMtiNMMNwN�YM CALL TO ORDER• Chairperson Newman called the April 28, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Newman, Dave Kondrick, Dean Saba, Connie Modig, LeRoy Oquist Members Absent: Diane Savage, Brad Sielaff Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Richard Carlson, Park Construction Jean Schwartz, 1372 - 64th Ave. N.E. Frank Labandz, 1356 - 64th Ave. N.E. APPROVAL OF APRIL 14, 1993, PLANNING COMMISSION MINUTES: MOTION by Ms . Modig, seconded by Mr. Saba, to approve the April 14, 1993, Planning Commission minutes as written. UPON A VOICE VOTE� ALL VOTINC� AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. 1. (TABLED 4 14�93L PUBLIC HEARING: EXTENSION OF A SPECIAL USE PERMIT, SP #82-12, BY PARK CONSTRUCTION COMPANY: Per Section 205.19.02.C.2 of the Fridley City Code, to allow rock crushing activities to continue until May of 1995 on the West 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 30, Range 24, except the South 500 feet thereof, generally located at 7900 Beech Street N.E. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to remove the item from the table. IIPON A VOICE VOTE, ALL VOTING AYF, CHAIRPERSON NEWMAN DECLARED T$L MOTION CARRIED IINANIMOII3LY. Mr. Newman stated that at the last meeting, it was discovered that Edward Bishop, 212 Ely Street, who had expressed concerns about Park Construction in a letter to the Council and Planning Commission had not been notified of the public hearing. Staff asked that this item be tabled until the next meeting in order to give Mr. Bishop and any other neighbors the opportunity to attend 13 PLANNING COMMISSION MEETING, APRIL 28, 1993 PAGE 2 this hearing. He stated the Commission members had a copy of a letter from Mr. Bishop dated April 21, 1993. MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive into the record the letter dated April 21, 1993, from Edward Bishop, 212 Ely Street N.E. , IIPON A VOICE VOTE, ALL VOTING AYB� CBAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Newman stated that at the last meeting after an extensive staff report and Commission discussion, it was the consensus of the Commission members that they were comfortable with the approval of the extension of this special use permit with the five stipulations recommended by staff, with the addition of a sixth stipulation, that Park Construction provide to staff a summary letter outlining how Park Construction will manage the site in the event there are problems. Mr. Kondrick asked if the stockpile has been lowered. Mr. Carlson stated the stockpile is 22 feet, the height of the nearest building. Mr. Kondrick asked if, in the future, the stockpiles will be no higher than 22 feet. Mr. Carlson stated that is correct, except when they are crushing. During crushing, the piles can become 30 feet high. After the crushing is completed, the piles will be lowered to 22 feet. Mr. Carlson stated that he has talked to Mr. Bishop and addressed the items addressed in Mr. Bishop's letter. He told Mr. Bishop that at no time was he aware that there was any noise problem at Park Construction. He told Mr. Bishop that if Mr. Bishop has any problems in the future with noise, Mr. Bishop should contact him and he would be happy to meet him at the site and address the problem immediately. Mr. Carlson stated he tried to find out what noise Mr. Bishop was referring to, and Mr. Bishop said it was a steady, rumbling, growling noise. Mr. Carlson stated he cannot hear that noise, and he would invite any member of the Planning Commission to the site to listen for that noise. At the last meeting, he mentioned that the noise that is prevalent and annoying is when the trucks dump the concrete, they drive ahead and slam their tailgates. That is a noise they are going to try to curtail. However, the constant rumbling noise is not there. Mr. Kondrick asked if there is any way that Park Construction can keep the dust to a minimum. 13A PLANNING COMMISSION MEETING, APRIL 28. 1993 PAGE 3 Mr. Carlson stated the dust is not from the piles. The dust is off the property. Equipment comes in and drops more dirt, and that is where the dust is coming from. There are a couple of alternatives to minimize the dust. They cannot blacktop the yard because they are running crawler tractors around. They could concrete the entire yard, but the cost would be prohibitive. They _�ould also water the yard. Mr. Carlson stated he had asked Mr. Bishop to call Michele McPherson to tell her of their discussion so it could get on record before the Planning Commission so the City knows Mr. Carlson was willing to meet with him, discuss the problem, and try to correct it. Apparently, he did not leave that message with Ms. McPherson. Ms. McPherson stated she did receive a telephone call from Mr. Bishop; however, she was not available at the time he called and did not personally speak with him. She was unable to contact again before the meeting. She stated she will contact him and verify his conversation with Mr. Carlson before the Council meeting on Monday, May 3. Mr. Kondrick stated it seemed that the main concern of Park Construction was the blowing dust rather than noise. Mr. Carlson stated he can understand that, because there is a lot of dust. He is willing to work with City staff to find a way to correct the dust problem. They do have a planting area with trees and shrubs and screened fence around three sides of their property. As of yet, not all the property along the Burlington Northern tracks is owned by Park. When they can purchase these last lots, they intend to put a screened fence all around their property which would also help the dust blowing out of the yard. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend to City Council approval of an extension of a special use permit, SP #82- 12, by Park Construction Company, per Section 205.19.02.C.2 of the Fridley City Code, to allow rock crushing activities to continue until May of 1995 on the West 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 30, Range 24, except the South 500 feet thereof, generally located at 7900 Beech Street N.E., with the following stipulations: 1. Special Use Permit, SP #82-12, granted only for the period from June 1, 1993, to May 31, 1995. If there have been no rock crushing operations during that time, staff shall be allowed to extend the permit for another two year period. If there have been crushing operations, the permit shall be brought before the City Council prior to May 31, 1995. 2. The City shall be allowed to dump their waste concrete material at this site at no cost. 13B PLANNING COMMI88ION MEETING, APRIL 28. 1993 PAGE 4 3. Park Construction shall take the necessary steps to ensure that the City and State noise, dust, and environmental limits are not exceeded. 4. The rock crusher, generators, and stockpiles shall be located as far north and east on the property as possible. 5. The same standards regarding run-off shall be applied to this site, as applied in the Rice Creek Watershed area. 6. Park Construction shall submit a letter to City staff summarizing Park Construction's management plan for addressing noise and dust complaints. UFON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED tTNANIMOII3LY. 2. (TABLED 4/14/93) VACATION REQUEST, SAV #93-01. BY MARK AND JEAN SCHWARTZ AND FRANK AND VALLIE LABANDZ: To vacate the entire alley located between Lots 13 and the East 118 feet of Lots 15 and 16, Block 2, Spring Valley Addition, generally located between 1356 and 1372 - 64th Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Saba, to remove the item from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPLRSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the original vacation request was to vacate the east 8 feet of the alley by Mr. and Mrs. Schwartz. Subsequent to their application for the alley vacation, Mr. and Mrs. Labandz also filed a vacation request for the west 8 feet of the same alley. The two requests have been combined into one request and will be proceeding to Council as one request. Ms. McPherson stated the vacation request is now to vacate the 16 foot alley located between the two properties addressed as 1356 and 1372 - 64th Avenue. The Schwartz' portion of the alley vacation will be slightly longer as they have approximately 60 ieet more depth to their lot than the Labandz'. Ms. McPherson stated utilities, including a sanitary sewer line, underground telephone lines, and overhead utility lines, are located in the alley. NSP has requested that an easement be maintained over the vacated alley. Ms. McPherson stated that at the last meeting, they discussed the possibility of future subdivision in this particular neighborhood 13C PLANNING COMMISSION MEBTINQ, APRIL 28. 1993 PAG$ 5 which would possibly connect with an east/west street along the south property lines of the Schwartz' and those properties to the east. Mr. and Mrs. Schwartz pointed out that there is a second alternative to use the platted alley and connect to Rice Creek Road to the south. Ms. McPherson stated John Flora, Public Works Director,�submitted a memo dated April 23, 1993, regarding the vacation request to the Community Development staff. Mr. Flora stated that historically this particular alley as proposed to be vacated has been viewed as a potential street for planning purposes. Prior to this request, it has been proposed that a storm water system would be constructed which would handle storm water from the Creek Ridge Park area north of Mississippi Street to the Harris Pond ditch which is located south of the subject parcel. He recommended denial of the vacation request. Ms. McPherson stated the City has received 100� agreement from the abutting property owners regarding the vacation, so the Council�s policy requiring 100� participation by the abutting property owners has been met. Ms. Dacy stated the Community Development staff wanted the Planning Commission and the petitioners to be aware of this memo. Staff's original recommendation was that if the alley is vacated that the street easement be retained. Mr. Kondrick stated that if the Commission recommends approval of the vacation with the street and utility easements, is stipuZation #2 requiring the petitioners to execute and record a hold harmless agreement provided by the City still needed? Mr. Newman stated, yes, that stipulation is stili necessary. The reason for the vacation request is because the petitioners want to do some plantings and fencing in the alley where there are easements. For that reason, staff wants a hold-harmless agreement so if the City does need to do utility work, there is no claim against the City. Ms. Jean Schwartz, 1372 - 64th Avenue, stated Mr. Flora's memo came as a total shock to her. She stated that in December 1992, when they were working on the alley vacation, they spoke with Mr. Flora. Mr. Flora had stated he had no problem with the vacation as long as the utility easement was retained. He did not say anything about any storm water system. Ms. Dacy stated the Commission has to decide on one of the following options: 1. Does the Commission want to reserve a strip for some type of street easement? 13D PLANNING COMMI88ION MEETING, APRIL 28, 1993 PAGE 6 2. If the street issue is important enough, does the Commission want to recommend denial of the vacation and keep the alley, or does the Commission want to keep the 16 foot street easement to reserve that option? 3. Does the Commission want to just require the utility easement and not require the street easement? Ms. Schwartz stated that she and her husband would prefer not to have the street easement, but they are not totally opposed to the street easement. Maybe the City Council is going to have to decide what they want to do with this land, long term. Ms. Schwartz stated regarding the storm sewer system, is this still connected to the TCAAP line which has now been moved to 64th Avenue? She asked staff to check to see if the storm sewer system is related to the TCAAP before the Council meeting. Mr. Saba stated he would be in favor of recommending approval with the street easement because it leaves the option open for the City to construct a street in the future. Ms . Modig stated she could not see the City ever constructing a street. She stated a lot of property would have to be taken away from the neighbors to make enough room for a street, and there are other options for access to the property. Ms. Schwartz stated their property is right on the line, so if a street was ever constructed, property would have to be taken from the Labandz'. She stated she believed it would be very difficult to put a street in there. Mr. Newman stated that for certain reasons such as emergency access, the City has constructed one-way streets, and that is an option. The difficulty here is they do not know how this will ever be developed in the future, and he believed they need to maintain a full range of options for the City. Mr. Saba stated he agreed they have to give the City some options for future development. Mr. Kondrick stated that in lieu of future development and emergency access, he agreed it would be good to keep their options open. Mr. Oquist stated they can recommend approval of the vacation with the street easement, and the petitioners can use the property as they want, with the understanding that if the City ever does anything, they will have to tear out any landscaping or fencing. He did not foresee a street ever being put in. The alley is not wide enough, and property would have to be taken from Mr. Labandz. A street in this location could also provide traffic flow problems 13E PLANNING COMMi88ION MEETING, APRIL 28, 1993 PAGE 7 that the City miqht not want. He stated he would vote in favor of recommending approval of the vacation with the utility and street easement stipulation. MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend to City Council approval of vacation request, SAV #93-01, by Mark and Jean Schwartz and Frank and Vallie Labandz, to vacate the entire alley located between Lots 13 and the East 118 feet of Lots 15 and 16, Block 2, Spring Valley Addition, generally located between 1356 and 1372 - 64th Avenue N.E., with the following stipulations: 1. � The petitioners shall execute and record a street and utility easement in place of the vacated alley. The petitioners shall execute and record a hold-harmless agreement provided by the City. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRP$RSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated that on May 3, 1993, the Council will set a public hearing for May 17, 1993. 3. PUBLIC HEARING: SPECIAL USE PERMIT, SP #93-05. BY SOUND WAVES, INC.• Per Section 205.18.O1.C.(3) of the Fridley City Code, to allow commercial retail uses in the M-2, Heavy Industrial zoning d�strict on Lot 1, Block 1, Northco Addition, generally located at 7237 University Avenue N.E. MOTION by Mr. Kondrick „ seconded by Ms. Modig, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DBCLARED THE MOTION CARRIED AND THE PIIBLIC $EARING OPEN AT 8:10 P.M. The petitioner was not in attendance at the meeting. Ms. McPherson stated she had advised the petitioner of the importance of appearing before the Planning Commission and City Council. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to continue SP #93- 05 until the May 12, 1993, Planning Commission meeting. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 13F PLANNING COMMISSION MBETING, APRIL 28, 1993 PAGE 8 4. RECEIVE MARCH 16, 1993. ENVIRONMENTAL QUALITY & ENERGY COMMISSION MINUTES: MOTION by Ms. Modiq, seconded by Mr. Saba, to receive the March 16, 1993, Environmental Quality & Energy Commission minutes. OPON A VOICl3 VOTL, ALL VOTING AYE, CHAIRPSR80N NBWMAN DECI,ARED THE MOTION CARRIED IINANIMOIISLY. 5. RECEIVE APRIL 6 1993 APPEALS COMMISSION MINLTTES: MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the April 6, 1993, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Ms. Oquist, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the April 28, 1993, Planning Commission meeting adjourned at 8:15 p.m. Respectfully sub itted, .. y Saba Recording Secretary 13G I _ � Community Development Department P G D�SION City of Fridley DATE: April 29, 1993 /�. To: william Burns, City Manager !�'�1• � FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Extension of Special Use Permit, SP #82-12, by Park Construction Company, 7900 Beech Street N.E. The Planning Commission conducted a public hearing regarding the extension of the rock crushing permit, SP #$2-12, by Park Construction. The Planning Commission voted unanimously to recommend approval of the request to extend the rock crushing permit with the following stipulations: 1. special Use Permit, SP #82-12, granted only for the period from June 1, 1993, to May 31, 1995. If there have been no rock crushing operations during that time, staff shall be allowed to extend the permit for another two year period. If there have been crushing operations, the permit shall be brought before the City Council prior to May 31, 1995. 2. 3. � 5. The City shall be allowed to dump their waste concrete material at this site at no cost. Park Construction shall take the necessary steps to ensure that the City and State noise, dust, and environmental limits are not exceeded. The rock crusher, generators, and stockpiles shall be located as far north and east on the property as possible. The same standards regarding run-off shall be applied to this site, as applied in the Rice Creek Watershed area. 6. Park Construction shall submit a letter to City staff summarizing Park Construction's management plan for addressing noise and dust complaints. � Staff recommends that the City Council concur with the Planning Commission recommendation and approve the extension of special use permit, SP #82-12. MM:ls M-93-240 S TAFF REP 4 RT � Community Development Department Appeals Commission Date . Planning Commission Date : April 14, 1993, April 28, 1993 City Council Date : 1K,ay 3, 1983 �. '�'='�` REQUEST � Permit Number Applicant Proposed i Request , Location SITE DATA Size Density Present Zoning Present Land Use(s) ' Adjacent ' Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District i ANALYSIS Financiallmplications j Conformance to the ' Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMIlVIEENUATION Staff Appeals Commission Planning Commission Author MM/dn SP ��82-12 Park Construction Co. Ext�nd 1992 rock crushing permit 7900 Beech Street N.E. M-3, Outdoor Intensive, Heavy Industrial Industrial M-3, Outdoor Intensive, Heavy Industrial to the North and East; M-2, Heavy Industrial to the South Industrial • ' Six Cities Approval with stipulations Approval with stipulations _ o � SP 4�82-12 Park Construction:Co. 73J ZONING MAP 3 T. 30, R. 24 F FRIDLEY 5 �q � .3 STREET � \A ��\ � , � i \ � � >�,; J �) , SP �� 82-12 Park Construction Co. TNK !S A LOAVKA1iqN pF �Cp�p� AS ,' r►�r �vvt�R uv �� ,u+ou,� couKrr • ORfKfS AfFfC'fING iNf ARFA yp�y.N TMfS DRAWlNG IS TO If flSfD [i+!' % �OR RfffRENCF OWPQ�s AHp TNE COUMy n � �NSfMf FOR ANY 4:L;. NRAUfS NlNENI QOMA'i:-.• 41 � 53903 41tt yAV�, E u* �o s£c. ry---. ,.� Staff Report SP #82-12, by Park Construction Page 2 Reguest The petitioner requests that special use permit, SP #$2-12, for rock crushing activities be e�rtended until May 1995. The request is for ?900 Beech Street N.E. Site The property is located in the northwest quadrant of the intersection of 79th Avenue and Beech Street. The property is zoned M-3, Outdoor Intensive, Heavy Industrial. The property to the north is also zoned M-3. The properties to the east and south are zoned M-2, Heavy Industrial. The property to the west adjacent to the Burlington Northern Railroad tracks is zoned R-1, Single Family Dwelling. Analysis The original special use permit was issued in 1982 to allow rock crushing activities. The special use permit has been reviewed and reissued on a bi-annual basis pending the determination that rock crushing activities have occurred. Prior to the current request, the permit was extended in 1991 (see City Council minutes dated July 1, 1991). At that time, Park Construction had not conducted a rock crushing activity due to the lack of available material to crush. The Planning Commission during the rezoning of property from M-2, Heavy Industrial to M-3, Outdoor Intensive, Heavy Yndustrial, received resident complaints regarding the height of the pile, the presence of children on the Park Construction property climbing the piles, and the hours of operation. Staff received a letter from a neighbor complaining about these items {please see attached letter and minutes). Park Construction has confirmed that they have had problems with vandals entering the property by cutting through the security fence located along the west property line adjacent to the railroad tracks. The fence is eight feet in height as limited by the City Code. Park Construction's typical crushing hours are from 7:00 a.m. to 6:30 p.m. Mr. Engebretson, Dispatcher for Park Construction, indicated that they attempt to conduct all crushing activities during the winter months as most people have their windows closed due to the inclement weather. The most recent rock crushing activity occurred from the period of January 16 to March 6, 1993. Again, it was the first time in three years that Park Construction conducted a rock crushing event due to the lack of available materials to crush. The material, once it has been crushed, is stock-piled within the Park Construction yard. The piles appear to be approximately 20- 13L Staff Report SP #82-12, by Park Construction Page 3 25 feet in height. The Planning Commission indicated during the M-3 rezoning process that they wanted to evaluate the height of these stock piles. These stock piles are currently visible from the adjacent neighborhood; however, natural vegetation on the site provides some screening. As the vegetation is deciduous, it does not provide year-round screening of the stock piles. � Staff reviewed the special use and address files and did not observe any documented complaints regarding the operation by Park Construction. Recommendation If there is no adverse comment at the public hearing before the Planning Commission, staff would recommend that the Planning Commission recommend approval of the request to the City Council, with the following stipulations from the 1982 approval: 1. Special Use Permit, SP #82-12, granted only for the period from June 1, 1993 to May 31, 1995. If there have been no crushing operations during that time, staff shall be allowed to extend the permit for another two year period. If there have been crushing operations, the permit shall be brought before the City Council prior to May 31, 1995. 2. The City shall be allowed to dump their waste concrete material at this site at no cost. 3. Park Construction shall take the necessary steps to ensure the City and State noise, dust, and environmental limits are not exceeded. 4. The rock crusher, generators, and stock piles shall be located as far north and east on the property as possible. 5. The same standards regarding run-off shall be applied to this site, as applied in the Rice Creek Watershed area. Planninq Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Planning Commission added an additional stipulation: 6. Park Construction shall submit a letter to staff summarizing Park Construction's management plan for addressing noise and dust complaints. 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[!� � � . � , ::� ZE'bP�� t{7' A /3 4 A! �� y .� :,'�� . �� .p;s . K 50.._ �.. _ ± � �, r . 1 A � � 'S��'� �` ` ;„� �� 8 �; _ -� � i � ,u"�� i � �� ,.� '� s'' j; � � �: , „ , . _ .; , ; ; , ,: .,.�:, ,�.=., e�# ��. -• ' :_ '.� , _� . . `� _ � . ;- ` . . � / / •��• � CONSTRUCTION C0. �,�,s,g IRVlNE, CALIFORNIA ■ MlNNEAPOLIS, MINNESOTA March 12, 1993 City of Fridley 6431 University Ave. N.E. Fridley, MN 55432 Attn: William Burns RE: Crushing Permit SP#82-12 Dear Mr. Burns: MAR 15 i993 ,� 6�f,��,� . A Y ti 1 Si •' ��ME1��'', DENVER,COLORADO Park Construction Company has just completed crushing the rock and concrete pile at 7900 Beech Street for the first time since February 1990. We would like to extend our Crushing Permit #82-12 another two years, so that we can continue to recycle concrete and asphalt for the City of Fridley and others. Park Construction Co. would like you to put this extension request on the City Council agenda as soon as possible so that we can start a new recycle pile. If not, we will have to cancel all dumping. Onr current Crushing Permit expires May 31, 1993. If you have any questions, please feel free to contact me. Si rely, RICHARD ENGEBRETSON Dispatcher RE/rk 7900 BEECH STREET N.E. ■ MINNEAPOLIS, MINN��432 ■ PHONE (612) 786-9800 ■ FAX (612) 786-2952 - AN EQUAL OPPORTUNITY EMPLOYER - �.�'ti � _ _ _ _� - ,!�'�� ,� � � i� �� G��i,�� _ � _ i � � � �I' � � , �, ��/ ; � / / � � / i � � / / �� / � / / ✓ � � / � �� i , i , /r ./ � � � �i� / % �� // � � i � � � /' i � ' / / r /i /`,�/ i i �/ / i � � / �/' / �/ � / � � � i / ��/ / i � �� i �� ,� . �, � ' �� / /.,, /, i � / � / i � '� � " / �/ / � / �� ' . ' i /' � / � / i� / � i � � � // _ /, /� '�� - i� � � . . / i �,r, / r i� � �' �� i i/� �/ i a .� / :' � � � / i / i I / � i � � ��/ � �i C.-i / i �/ � i � � / / / / / � , , , �, � � / � � � ' � �' . � /� � i f / � �i ,, �. � /� �/� i � � i , � � , �'". / � � r � � � � � � // / / /` / � � � �i 13Q IIPON A VOICE VOTE, ALL VOTING AY CHAIRPERSON BETZOLD DECLARED TiiE MOTION CARRIED IINANIMOIISLY. � Ms. McPherson stated-, at on November 9, 1992, the City Council will establish a p ic hearing for November 23, 1992. 3. PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA�°#92-06. BY THE CITY OF FRIDLEY: . , To rezone.the following properties from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial: Lots 9-22, Block 13, Spring Brook Park Addition Lots 14-35, Bloek 12, Spring Brook Park Addition Lots 18-31, Block 5, Spring Brook Park Addition Lots 22-27, Block 4, Spring Brook Park Addition Lots 2 and 3, Block 1, Mar-Len Addition That part of the Southwest Quarter of the Northeast Quarter of Section 3, Township 30, Range 24, lying easterly of the easterly right-of-way line of the railroad, southerly of the North 135 feet of said Quarter, and northerly of the South 844 feet of said Quarter, except that part taken for road;.subject to easements of record. � � The South 844 feet of that part of the Southwest Quarter of the Northeast Quarter of Section�3, Township 30, Range 24, lying easterly of the easterly right-of-way line of the railroad; except that part taken for road;. subject to easements of record. Parcel A, that part of Lot l, Block l, Mar-Len Addition, according to the recorded plat thereof, Anoka County,. Minnesota, lying west of the East 230 feet thereof and lying north of the South �O feet thereof. Parcel B, the East 230 feet of Lot.l, Block l, Mar-Len Addition, according to the recorded plat thereof, Anoka County, Minnesota, and the South 60 feet of that part of said Lot 1, lying west of the East 230 feet thereof. MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTiNG AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE POBLIC HEARING OPEN AT 8:20 P.M. Ms. McPherson stated this request is to follow up on the City's adoption of the M-3, Outdoor Intensive, Heavy Industrial District. 13R� PLANNING COMMI33ION M�ETING, OCTOBER 14. 1992 PAGE 8 The City has created a third industrial district from the M-1, Light Industrial District, and M-2, Heavy Industrial District. The purpose of the M-3 district was tb create a district in which those uses which require a large amount of outdoor storage would have to be limited and controlled in that particular district. Staff was specifically concerned abaut trucking terminals and outdoor storage yards. The City Council had a desire to have more� control over where those types of uses would.be located in the City. During the evaluation and creation of the ordinance, staff looked at three options: - - A. � C. Create M-3 zoning district in text omly. Create M-3 zoning district in text and on map. Maintain current ordinances. Ms. McPherson stated the City Council chose Option B to create the text, create the new zoning district, and rezone certain parcels to M-3 district. Ms. McPherson stated that while adopting the M-3, Outdoor Intensive, Heavy Industrial zoning district regulations, the City also amended the M-1, Light Industrial �and M-2, Heavy Industrial zoning distriet regulations in order to eliminate the outdoor intensive.uses from those districts. The properties to be rezoned contain_outdoor intensive uses and tliey are generally located north of 79th Avenue, west of University Avenue, and east of the railroad tracks. These properties include Park Construction, ANR Trucking; Joseph Land_Trucking Company, the small.vacant piece just east of Jose.ph Land Trucking Company, and a vacant piece west of. Hickory Street and east"of the Burlington Northern Railroad Tracks, just 5outh of the Springbrook Nature Center, � Ms. McPherson stated the proposed r�zoning brings the trucking terminals and construction companies into conformance. At'the same time, the M-3 district still allows those uses which are currently permitted in the M-1 and M-2 districts, so the properties stili have a wide variety of uses. The adjacent roadways have been designed to.accommodate the amount of daily truck traffic in the area associated with these uses. It is the City's opinion that this area of the community is best suited for the M-3, Outdoor Intensive, Heavy Industrial zoning classification. Ms. McPherson stated staff is recommending tYiat the Planning Commission recommend approval of the re2oning of these parcels from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial�. Mr. Betzold asked if the businesses located wi�l be allowed to do allowed �to do in M-2 in the M-3 district? anything different in districts. Are there 13S in the new M-3 district M-3 that they were not any more restrictions PLANNING_COMMISSION ME�TING. OCTOBER 14. 1992 PAGE 9 Ms. McPherson stated the only significant difference is that trucking terminals and outdoor storage yards are permitted in the M-3 zoning district and are no longer allowed in the M-1 or M-2 districts. There are significant landscaping and screening requiremants for t�ese types�of uses. Mr. KondriCk stated he�has driyen by Park Construction recently,- and their gravel pile is_very high, beyond what he would think would be an acceptable height. Is there any way to restrict the .height of the gravel pile? � � Ms. McPherson stated Park Construction is issued a rock crushing permit every two years. That would be the vehicle by which the City could control the height of the piles� of dirt, asphalt, . concrete chunks; etc. As of right now, there is nothing in the ordinance that deals with this particular issue. � Mr. Kondrick stated he believed the Planning Commission should be • notif�ied when the rock crushing�permit is goi�g to be reviewed by the City Council. . Mr: �Andy Lindquist, 200 Ely Street N.E., stated that he liVes , across the traeks from the proposed rezoning. He asked if it would be possible to grandfather in the �outdoor intensive use so the existing businesses have their current abilities, rather than to rezone the property? He understood�that staff is saying the use of these properties is going to re�ain the same, but with the � rezoning, he could see these businesses getting away wi�th more..and � more before the City finds out and cracks down on them. Mr. Lindquist stated he agreed with Mr. Kondrick, that the gravel pile at Park Construction is horrible. His neighbors complain every time it is windy and the dust from that pile blows all over:� Mr. Lindquist stated one of his neighbors who could�hot attend the meeting asked him to submit�a letter to the Planning Commission. MOTION by Mr. Kondrick, seconded by Ms. Savage, to receive into the record a letter from Edward Bishop, 212 Ely Street N.E., in which Mr. Bishop stated that he is opposed to the rezoriing and that the Planning Commission should consider the impact this rezoning will have on the residential neighborhovd and Springbrook Nature Center. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. Mr. Lindstrom stated his neighbors also complain about noise from Park Construction, especially when the concrete is being crushed. When the City is reviewing the rock crushing permit, he would also like the City to consider, not only the_height of the gravel pile, but also the hours of operation. � 13T PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 10 Ms. Dacy stated that in the four years she has been with the City, she has not received any complaints from the neighbors about Park Construction's operation. She would encourage the neighbors that if there are problems, the City staff needs to know about those problems. The Council will react to�the testimony of the neighbors at the public hearing on this rezoning. � Mr. Betzold stated he would also encourage the neighbors to contact not only City staff, but also City Council members, so the Council members are aware of these problems. Ms. Dacy stated the rock crushing activity will still require a special use permit under the M-3 zoning, so the City still has the ability to enforce stipulations if they have a documented record of noise issues and complaints over a sustained period of time. Ms. McPherson stated the City has. adopted by reference.the MPCA standards which would require�Park Construction to comply with air pollution and dust standards. The City has limits on hours of operation in general. The City also has a noise ordinance and the City's Code Enforcement Officer or police will take sound tests. Additional staff people are also available .through the MPCA to help. mitigate some af these issues. But, first, the City has to know about these problems. Mr. Saba stated tl�at if�.they do not have height restrictions now for Park Construction, they should address�that now, not wait for another two years. ' . Ms. Peggy Brown, 170 I;iberty Street N.E., stated that noise.from Park Construction has been a problem, but she now knows what the neighborhood has to do to bring that issue to the Council. She is not concern�d about the height of the gravel pile other than from a safety stand�oint when children climb on it. She stated her only concern.with the rezoning to M-3 was that these businesses were going to be allowed more than they were allowed in M-1 and M-2 zoning, but she no longer has that concern. Ms. McPherson stated the other issue is that once they have property that is nonconforming, policy-wise it becomes very difficult to deal with. With Park Const�ruction, there are other avenues to explore to correct any vio�ations. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. � UPON A VOICE VOTE,' ALL VOTING AYE; CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLTC HEARING CLOSED AT 8:45 P.M. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of Rezoning, ZOA #92-06, by the City of Fridley, 13U PLANNING COMMISSION MF,ETING, OCTOBER 14, 1992 PAGE 11 to rezone the following properties from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial: Lots 9-22, Block i3, Spring Brook Park Addition Lots 14-35, Block 12, Spring Brook Park Addition � Lots 18-31, Block 5, Spring Brook ParK Addition Lots 22-27, Block 4, Spring Brook Park Addition Lots 2 and 3, Block 1, Mar-Len Addition That part of the Southwest Quarter oi the Northeast Quarter of Secton 3, Township 30, Range 24, lying easterly of the easterly right-of-way line of the railroad, southerly.of the Nortli 135 feet of said Quarter, and northerly of the South 844 feet of said Quarter, except that part taken for road; subject to easements of record. • The South 844 feet of that part of the Southwest Quarter of the Northeast Quarter of Section 3, Townsh3p 30, Range 24, lying �easterly of the easterly right-of-way line of the railroad; except that part taken for road; subject to easements of record. - Parcel A,�that part of Lot 1, Block. 1, Mar-Len �Addition, according to the recorded plat thereof, Anoka County, Minnesota, lying west of the East 230�feet thereof and lying north of the South 60 feet thereof. Parcel B, the East 230 feet of Lot 1, Block 1, Mar-Len Addition, according to the recorded plat thereof, Anoka County, Minnesota,. and the South 60 feet of that part of said Lot .1, lying west of the East 230 feet thereof. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARFD THE MOTION CARRIED UNANIMOUSLY. 4. MOTION by Ms. Sherek, seconded by Mr. Ko�drick;��to September 3, 1992, Human Resources Commiss�on minutes. UPON A VOTCE VOTE, ALL VOTING AYE, MOTION CARRIED UNANIMOUSLY. / 5. MINUTES• receive the RPERSON BETZOLD DECLARED THE MOTION by Ms �Sherek, seconded by Mr. Kondrick, to receive the September,Z� 1992,•Housing & Redevelopment�Authority minutes. 13V FRIDL$Y CITY COIINCIL MEETINa OF JIILY 1. 1991 PA�$ 17 Ms. Dacy stated that a parking analys as done and if another tenant moved into the building, th would have to evaluate the space they were usinq in relatio ip to office and manufacturing. She stated that it seems alf of the building would be manufacturing so the amou of parking for the building seems to be appropriate. MOTION by Co man Billings to grant Variance Request, VAR �91-15, w' the stipulation that the petitioner work with City staff on a andscape plan for the boulevard areas. Seconded by Council Schneider. Upon a voice vote, all voting aye, Mayor Nee decla d the motion carried unanimously. 12. EXTENSION OF ROCK CRUSHING PERMIT. SP #82-12 FOR PARK CONSTRUCTION COMPANY AT 7900 BEECH STREET N.E.: MOTION by Councilman Billings to extend rock crushing permit, SP #82-12, until June 1, 1993 with the following stipulation: (1j if, on June 1, 1993, there have been no crushing operations that staff be allowed to renew the permit for another two-year period; if there has been crushing operations, this permit should be referred back to the Council fvr approval prior to May 31, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE BIDS AND AWARD CONTRACT FOR POINT OF SALE AND INVENTORY HARDWARE, SOFTWARE AND SERVICES: MOTION by Councilwoman Jorgenson to receive the foll the liquor point of sale and inventory hardware, services: � Company Total Register Systems Retail Data Systems/Iris Business Ware/DPM (Jointj Retail Data Systems/Toma, ,$'.f 8 , 667 $64,839 $74,927 $59,035 �ids for ftware and Seconded by Councilm Schneider. Upon a voice vote, all voting aye, Mayor Nee dec red the motion carried unanimously. Mr. DuBord, As 'stant Finance Director, stated that four bids were received, an etail Data Systems was the lowest responsible bidder who meets e requirements of the liquor operation. He stated that staff co ucted an extensive review process and has eliminated one vendor n apparent software weaknesses. 13W a t� : CITY OF FRI�LEY 8131 UNIVERSITY AVENUE N.E.� FRIOIEY. MINNESOTA 55432 CITY COUNCIL ACTION TAKEN NOTICE Carl Olson Park Construction Company 7900 Beech Street N.E. Fridley, Mn 55432 TELEPHONE ( 612)571-3150 January 11, 198� On December 20, 1982 , the Fridley City Council officially anproved your request for �F.r � C r _ n ,�, + � r�:sher t� r�cl a:� with the stipulations listed be ow: concrete l. Special Use Permit, SP #82-12 granted only for the period-from March 1, 1983 to February 28, 1984, and re-evaluate the permit at the first regular meeting of the Council in March, 1984, providing there has been one crushing operation at that time. �N4fs �fr4� 2. The City be allowed to dump their waste concrete material at this site Yat no cost,�ri� credit.c6C�w�a �� ..- � fr.�/ �,r,.- w�r�' ii., (��-�v �•�G�•� �° �!� c�` ��;-;-_ 3. Park Construction take the necessary steps to ensure the City and State noise,�� d.ust and environmental limits are not exceeded. p.�j� 4. The rock crusher, generators and stock piles be located as far north and east ��` on the property as possible. ��`�Z 5. The same standards regarding run-off be applied to this site, as applied in the Rice Creek Watershed area. If you have any questions regarding the above action, �lease call the Cor�nunity Develop►�ent Office at 571-3450. JLB/de Sincerely, �" � ;/, ; � ;� .V , �-�!, ,� _ ��'.��- "�3ERROLD L. BOARDMAN 'City Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. � Concur with action taken. 13X PLANNING COMMISSION MEETING, APRIL 14. 1993 PAGE 5 MOTION by Mr. Oquist, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICB VOTL� ALL VOTING AY13� CHAIRPBRSON NEWMAN DECLARBD TH13 MOTION CARRILD AND THE PIIBLIC HEARINti OP$N AT 7t52 P.M. Ms. McPherson stated the property is located in the northwest part of the City at the intersection of 79th Avenue and Beech Street. The property was recently rezoned from M-2, Heavy Industrial, to M-3, Outdoor Intensive Heavy Industrial. The property to the north is also zoned M-3, the properties to the east and south are zoned M-2, and the property to the west adjacent to the Burlington Northern tracks is zoned both R-1, Single Family Dweliing, and M- 1, Light Industrial. Ms. McPherson stated the original special use permit was issued in i982 to allow rock crushing activities. The City has reviewed the special use permit on a bi-annual basis depending on whether rock crushing activities have occurred. Prior to this current request, the special use permit was extended in 1991. At that time, Park Construction did not conduct any rock crushing activity due to the lack of available material for crushing. Ms. McPherson stated that during the rezoning process which was processed by the City to rezone parcels from M-2, Heavy Industrial, to M-3, Outdoor Intensive Heavy Industrial, several residents appeared at the public hearings to voice their concern regarding the noise of the crushing activities, height of the stockpiles, and possible presence of children on the Park Construction property. Staff also received a letter from an adjacent property owner west of the railroad tracks. This resident expressed these same concerns plus hours of operation and general noise and dust concerns. Ms. McPherson stated that in speaking to Park Construction, Park� Construction did confirm that they have had problems with vandals entering the property by cutting through the security fence along the west property line. The fence is eight feet in height which is the maximum permitted by City Code. Ms. McPherson stated Park Construction recently completed a rock crushing activity from the period of January 16 - March 6, 1993. This was again the first time in three years that Park Construction has conducted a rock crushing activity. Park Construction typically crushes rock or asphalt or concrete during the hours of 7:00 a.m. to 6:30 p.m. These are permitted work hours based on the City Code. She stated that Mr. Engebretson, Dispatcher for Park Construction, has said that Park Construction attempts to conduct these rock crushing activities during the winter months when windows are closed due to the inclement weather. 13Z PLANNING COMMISSiON MEBTING. APRIL 14. 1993 PAQ$ 7 Commission is concerned about the height of stockpiled materials, a specific stipulation will be needed to address this situation. Mr. Saba asked Mr. Richard Carlson from Park Construction what they have been doing to address the concerns about the height of the stockpiles. Mr. Carlson stated they have limited the height of the stockpiles. Since they heard the complaint, they have lowered the piles to 22 feet which is the same height as the building across the street from their offices. Before, the peaks of the piles could be anywhere from 26-38 feet in height. Mr. Carlson stated the City of Fridley dumps all its waste concrete and asphalt materials at Park Construction at no charge to the City. Everyone else is charged a minimum of $25-40 per load. Park Construction also reciprocates in selling back to the City all the crushed concrete at a reduced cost. Mr. Carlson stated he read the Planning Commission minutes when these concerns were raised during the discussion of the rezoning. He stated the people who camplained were 1,100 feet or almost two 600 city blocks from the rock crushing operation and 900 feet to the edge of the pile. That is a significant distance from any residential.+areas. Mr. Carlson stated that while they were crushing, they made several attempts to assess the noise levels, and driving up to it in a car, they could hardly hear it. The railroad trains at this location make a significant amount of noise which about drowns out any noise of the crushing activity. When the trucks dump their boxes, sometimes the drivers slam the tailgates slata which is noisy and annoying, and they have instructed the drivers not to do that. Mr. Carlson stated that occasionally with a southeast wind and dry weather conditions, the dust does blow. However, now that they have leveled the pile, the wind will not hit those peaks, and that should curtail a lot of the dust problems. The northwest winds never affect the residential area. Probably more dust blows around in the yard than from the stockpiles. They have very heavy machinery that works around in the yard, and t�e yard does get very dusty during dry weather. Mr. Sielaff asked if Park Construction could wet the piles to keep them from blowing. Mr. Carlson stated they do not have any water, but it could be done. Mr. Newman asked if any other materials are stockpiled. 13AA ., .� PLANNING COMMI88ION MEETIIJG. APRIL 14, 1993 PAG$ 9 pursue. He was glad to hear that Park Construction is willing to level the piles off to 22 feet, but is 22 feet is adequate? Mr. oquist stated he liked the idea that the stockpile is no higher than the building near it. He did believe that if they are going to pick restrictions on height of stockpiles, it should be done in the M-3, Outdoor Intensive Heavy Industrial zoninq regulations, and not in the special use permit. Ms. Dacy stated the Cora�nission had added a stipulation to the special use permit section in the ordinance restricting the height, or they can also request that the Council initiate a zoning ordinance amendment. Ms. McPherson stated that when outdoor storage of material exceeds 15 feet in height, that requires a special use permit, but there is no maximum height. Mr. Saba stated he appreciated the fact that Park Construction is leveling off the piles. Mr. Sielaff stated he agreed the height of the stockpiles for anything might be something to consider through the zoning process, rather than through the special use permit. For this particular facility, he�would like to see the problems managed in the best way possible. There are also the concerns about erosion, dust, and noise. It really becomes a management issue. Maybe Park Construction could put together some type of management plan for the City staff. Ms. McPherson stated staff could work with the petitioner to develop an acceptable management plan. Mr. Carlson asked that the more restrictions that are put on them by the City, the more complicated things become. He stated Park Construction is willing to work with staff whenever the City receives complaints. The file could be researched to find out how many complaints have been received by the City in the 12 years Park Construction has been in operation. Park Construction has always tried to be good member of the business community. Mr. Carlson stated that because of complaints about the stockpiles, they have been lowered to 22 feet. Lowering the piles is an additiona� cost to Park Construction because the piles then take up more yard space, leaving less space for their other equipment. He would recommend that they work with staff; and when complaints are received, they will work with City staff to resolve the complaints. Mr. Sielaff stated a management plan makes the City staff aware of what Park Construction is doing so that when complaints are received, the staff can respond to those complaints. It does not � � r s► P J DATES TO: FROM: Community Development Department PI,��]V1�TING DIVISION William Burns, City of Fridley ��. City Manager�. Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SOBJECT: Establish Public Hearing for Vacation Request, SAV #93-01, by Mark and Jean Schwartz and Frank and Vallie Labandz, 1356 and 1372 - 64th Avenue N.E. The Planning Commission conducted an informal hearing regarding the vacation request at its April 28, 1993, meeting. The Commission voted to recommend approval of the request to the City Council. The City Charter requires the City Council to conduct a public hearing for all vacation requests. Staff recommends that the City Council establish May 17, 1993, as the date of the public hearing. ��f �� M-93-239 - � REQUEST Permit Number - Applicant Proposed Request Location SITE DATA Size Density Present Zonir�g Present Land Use(s) Adjacent Zoning I Adjacent Land Use(s) 'I Utilities Park Dedication Watershed District ANALYSIS Financial I mplieations Conforrnance to the Comprehensive Plan � '� Compatibility with Adjacent I Zoning and Uses I Environmenfal Considerations RECOMNIENDATION Staff Appeals Commission Planning Commission Author MM/dn STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date : April 14, 1993, April 28, 1993 City Council Date May 3, 1993 SAV ��93-01 Mark and Jean Schwartz /Frank and Vallie Labandz To vacate the east half of the alley adjacent to Lot 13, Block 2, Spring Valley Addition 1372 - 64th Avenue N.E. R-1, Single Family Dwelling Residential R-1, Single Family Dwelling on all sides Residential on all sides Rice Creek See staff report Approval with stipulations S t/2 , ��- REZ°A 3`�� E�' • �N� 6 n - �.� ORS SUft L ��"C. /3, T. 30, C/TY OF fR/0t £Y 14 /� 24 C� SAV ��93-01 Mark and Jean Schwartz 13EE LOCATION MAP a Staff Report SAV #93-01, by Page 2 Request Mark & Jean Schwartz and Frank & Vallie Labandz The petitioners request that a vacation be approved to vacate the alley located between their properties in Block 2, Spr�ng Valley Addition. The alley is adjacent between 1356 and 1372 - 64th Avenue N.E. Site The alley properties utilities Analysis is located between two single family dwellings. The are zoned R-1, Single Family Dwelling. There are and a sanitary sewer line located within the alley. Mr. and Mrs. Schwartz originally applied for the vacation request. Mr. and Mrs. Labandz contacted staff regarding the Schwartz's request and indicated that they might be interested in vacating the westerly eight feet of the alley, thereby vacating the entire alley. The Labandz's applied for a separate vacation to vacate the westerly eight feet of the alley. The two requests have since been combined into one. Located in the alley is a sanitary sewer line, underground telephone lines, and overhead utility lines. The alley was platted with the original Spring Valley Addition. The alley could potentially provide access to the rear of the properties fronting on Central Avenue, as the alley extends south to Rice Creek Road. The properties in the Spring Valley Addition were platted with a depth of 300 feet. There is opportunity for these properties to be split if an additional east/west street is constructed midway between Rice Creek Road and 64th Avenue. This road would be extended from Camelot Lane on the east to the subject alley on the west. Vacating the subject alley could potentially limit access and possibly eliminate a cross-connection with this potential east/west street. Vacating the alley would limit the number of options the Schwartz's would have should they choose to subdivide their property to the rear. The Schwartz's at the original hearing on April 14, 1993 submitted a drawing showing an alternate road alignment. They believe this option preserves a resubdivision alternative (see attached). As utilities are located within the alley, a utility easement would also need to be maintained to provide the City and utility companies access for maintenance. It would be prudent for the City to reserve a street easement over the vacated alley for a potential street connection if a future subdivision occurs. The petitioners would also be required to execute and record against their 13GG Staff Report SAV #93-01, by Mark & Jean Schwartz and Frank & Vallie Labandz Page 3 properties hold-harmless agreements which would eliminate the City's liability for replacing any vegetation or fences located in the alley if they were to be removed due to routine maintenance activities by the City or utility companies. � Recommendation Staff recommends that the Planning Commission recommend approval of the vacation request to the City Council with the following stipulations: 1. The petitioners shall execute and record a street and utility easement in place of the vacated alley. 2. The petitioners shall execute and record a hold-harmless agreement provided by the City. 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's action. 13HH —�— SAV ��'93-0�1 Mark and Jean Schwart. _ _ _ ------------___ _-- _- - ---- --- - ; .._:.,�l�a ' n z /�3s`l� ~ ��i-��.Cc,�� t 15 and Actua]. FoundaLion ;< -;_.,_�• � t 16 - Location y Addition . _6 4 TH AV E. _ N. E. ::� _ � - � �-° � 5 � � _ 80 �� i4 , .. � # 13�I?� � � 4� i . � 15, 25'; " [j ��„�, 5 � ASN� � � M ° � CONST. M O ` N � r �234 14 26T3 _ ----.' — . � � =-� �� -. �" . �� r �� 3 . �. __.. -- -�-- --� ..--_---�. .. _-----�. .. - . _'_�_�_.._.�---- -- .. ..----.. '-__-. - - , ��'�+� � N : - - -- / � n /8 � � � V � � � N I'n 0 N N /4 M : • •.• ,- : O .._ . . ... . .N 1311 SITE PLAN _ _ I� . s r�z s�c. i3, T 30, � ��- REZ`� � 3 � E-4 �,a s� ' div � , ��- �� 6 '� .' '� R � i.� ORS SUfl 88 � 34 C/TY OF FR/OL EY 14 24 ALTERNATE . SAV #93-01 ` � Mark and Jean Schwartz Frank and Vallie Labandz �'. 24 � 43 � �,j � I ROAD ALIGNMENT� � ,: �. ,�„ ._ '; 4 � .xC�� : ..: .. R� i f ,w,Ya` " ��w �� CITY OF FRIDLEY��..� ,��` r �,t �f:� � b431 UNIVER$ITY AVEr .. �,� � . . Jt''+i �:�:: Tf1i11i :Tt7 , '� AT i�r IAA ..k �.�..'t �a , ■ � 4�� }�� f t J;-"' �`��N ; V � � �� r�t .. � t�aa�s. :, r � �� , y,� � � ;� � -��s � � .�-: • ��- '� y L ;r �� ,� . c �� , �rOPertY;Identificaxion Number (PII� �1 � � =��` ` Z.� —� � � * � bp'i.k� � �`��' ° �'�`� � `'" ; � �� Legal description: �-dt 1 �3 . �� o �� :Z, � � � r:.a,` x �T �� `� � � � �'%�..�� "=` � ��: '•" ' '.��''�° ° � .� Lot 13 Block Z� Tra.cUAddition Legal description of easement to be vacaxed: :� "h �� :k �" •� � � � _ _ _ � � ;� � 3s:� � ' � nin;� � � �.�.��fi ��.� _ _ � Current zoning: ^ ` i Square footage/acrea:ge � ZS 7C ' �C� , % � � � . � . Reason for vacation:�n .. ,� �;�Q��,=�,:��.,0��,�� _ _:�� , . � � :o � � � �� _ Have ou a rated a business in a ci which , _ :''f� �,`� ;� Y Pe ry requued a business license? ;� n , a ; �: - �,: ,�.,�>t n r � Yes No '�5�� ' If yes, which city? ` 4�}: r* "¢ If yes, .wha.t type of business? '-"' t , �. � �` ,. � •" ��t �� . . �" � Was that license ever denied or revoked� � , < Yes. .. � ;` . � = ` - - . , . . . . .. t. ' , � f�,' '.��: _„� t z.s �N,�'{ C, x�r:+�, .t:' .., .�::� s �;.. ..:'a; ;..; FEE OWNER INFORMATION {as �it appea (Contract Purchasers: Fee Owners'must sign this forni pi rra��l a�,1� := : P�I I�S�D.�.��t-z ��- T ' �Dx�ss 13� Z ; � �-1�'' �, n �, ;:; ,_; RE r; �O`�— ° <, �;..�,�: D1 �G 1 �,71�i �.,',t` : a f'4,� :• � . . - ' ,�'' 'S .,: , IT I TI .:�� k,�;� <, � � .. �..., Y�.,r„� �,, u : �. 4 ; _ _ � 11111�i1 ' . • ►I i , : . �- �� . N� � A � �_ S �� f� (Z.�7,� ADDRESS � �`7 Z � � �- Rn� 1(% �; S r ° �-- S� DA PHONE ��% Z.' �Z� Qg � fi: SIGNATURE , DATE 3�Z y��j -7, ' �� . ki.'�'. ' ��_ � .7� 1 W� �1JO�VV � s .� ge� 3�* .. t r� �. k`%.i �`~ 'F+ : � ' d i r ' $ �- � � �. �� = � . �4 `, � �o. -u. # �.h Permit SAV # � # ; ' c�,i�- �'�.�` . ,'; � ��, r ,� APPlication received by:. �° �� ,.�� a `� �� ` � ; r � Schedulecl Planning .Commission date. � � �; � � . � � � �` � ��, � � �-�� ' �� ,�, y : <� : : _ � � �- �,, �.�,� .� x� � � � .�� +c z , , , ,.. .ti• „ , ,�.. : ,,.=,x . � .. , , � :. ... . .... . . : : , , . � . ' :.�r SChedul� �; Y: , �� d �`'•�., �4r- 1 � — :>.� a � �� ; ,�� , � .,� � , � �; ��0�< �, : ��, � . � � �: k'i��F �� rts 3 ,a �y�� "'}�r "a�; x�' a� , ��•; t i31r�`�kt r,; * � .: �,ii«"v`a�� ^�' a,��. , � . _ _ _ . . ^� ' . *4"� . . � � y i Y+��'�S y � �� F :; k ,}._; : �. CITY OF. FRIDLE' 4 � . , � 64�331 UNIVERSITI ;: • _ � ` r: .� _ � � �� .. .Vl' �:i >. iti - t v a�E.� .. . �` , A. f,t �a^+ r � � ,. - �. �" ��-� �� i °3 5� �� . � � � �:¢ �� - � � ;�� :�: � � r�_ � °� Aaa.�s �., � x � k%, } .�' ` rA �} r� �� A ��. .�',� � , Property Identificat�on I�umber {PIN)�, �� i'7 .�� O 6� O , �� ,, .� , , . , , : � L e g a l d e scription " Jr j' t'/ 7�i%-�� `��S�w.�.�� g'�� l i v( 3� 1 � a� l o� ` —� .. :�,. . . . �: . .: , , Lot �J� Block Tra ddition � � � .. W ��p� , - 1 h� . .. Legal description of easeu�ent to .be vacated. `�5� r i�� v �� Ro � - AS�. rn �.�-� . e � � ,� ��V . . _, Current zoning: `: -- :' Square foota elacreage r� 6„ E vwv� �,� .5- ` A�i=�nn �,v�.j h..t. , �acw Reason for vacation: {�,�d i' hr -�a sQc, A1\v' .�..�k4. MAa =ti. �'Ea� ; Have ou o raxed a business in a ci which r wred a business license? y � _ ri �' � - Y� No .,.�_ �y�; Wn��h ��y? ,: , , ` If yes, what type of busmess? � : s .- , .�- t n,i= .�,.. , ��,.. ,:, „ , , , t �: ,. " Was`that license ever denied or revoked? Yes -• No . . ,z ,; , ., ;. , , ...., . , ,. ,. . .... � � - � s - �� ; � .. ... �� ,y'„ .,...z. �;�,. �., �,..: . .! :. .: , , , .. q .:, ., _: r �-�� ,�s; » ,: . .. ,. , .. . . .. ti ,.::.::. ' .. .... - ., � . -� FEE O WNER {INFORMA ION (as it appears ` on the property title) ;�' �� ` ` , _. , � , � ..� : ., - .-.,;. .. _ _ ,_. . . � . � (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME L. A � � h � � . [�A;;r� 1r�. � . i �/► � . _ �: . � ADDRESS C� , 1.�. ^ , _ , `� : r*�-.,,. ,, . :��.3.� 5" : 38 � c� ` : ., D pHO� �s�a ::: . SIGNATURE t k�� : , ', DATE �� ^` �f �J � � .. �� t � ' .h� �k� . . . :i. " _ .. .-: N . . ' . . . . , . ... , '.::. .. ' . ,�. . � . �. . PETITIONER INFOR A iON t ` = �� =�- ' ; NAME F�ia� ��-�t, V A� \: L:. `� A� l� tn �0 Z ' ADDRESS l �S�o �'�/ -� � �J.L� 1V.� ; DA PHONE �.3SgO r � SIGNATURE _ ATE �-_'�'' � Fee: $150-00 C�iC�.�%1�P�. � � S�'� 93 - � : = k '" ; Permit SAV # � i ,,W: Receipt # � l 2`> '� � � : � � , . .. APPlication received by . : �' � :�n` ` ';f � `; ` ' � '' t n ap y `.} ` k 1.,�: + y: . � , ,` ; Scheduled Planning Commission date � � Scheduled C�ty Counal� dat�.�:��" �` ' � ` ' �� `�fi. ��;` �ti�� ` ; € ; } � � .�r aw ,�? : � „ �:�+a � �.s ". �. 1' Sr r �,.:#:eN+ o ..sa.. ,,'�'J a �� r ' ,�t ' �` �' � " - � a��} ' .� �#r' � � � �?� �, � ,� � �� ,� , �y� x �'x i 4 � R t"' t . ��`N � X, _! . � � j -i� . a'��' .'l:�t . ��'i . . . . _ . . . . _ _ _ . . .. _ . . . : . . �.�� . :-' . ". �`'% . ..,._� ,.. R � .: . ,� ,�,.Z 8 �;"� 9' `�'�3 r�* � � �� ,�� - a' '' ` `��+'°��'',�� <'� `a,i� �` �.�, , � } . . � . � � 9ft -fl�d°"��-r? ��' �. � � � � ':� ��.' ..� ,u.�°� - r� �,,y�a �t�+� 7 ds.s n .fm *z�. ? : # kj ' 'P�',��ar? � 9'�r� E��'r` z �'v �'�v r�'�:�5r ; i < x x � �� tk��t�!`� kr�' �` .�a}7�'`,-'�-�� : � E: � � k � , �� . � a�� J 'E .a'�. 5` �'�" r �� "' �, tr, � i �' � �A -� P }� } � ` � k� xt� �'k� * �` ,.e ;+. �. F . .. ...t. . . ..i . _. -� � .... TO: FROM: DATE: SU BJ ECT: Engineering Sewer Water Parks Streets �Maintenance MEMORANDUM Barb Dacy� Community Development Director John G. Flora,rPublic Works Director April 23, 1993 Vacation Request SAV 93-01 PW93-151 In reviewing the Planning Commission items for their Wednesday, April 28, meeting, 1 noticed that there is a vacation request for what is defined as an alley located between Lot 13 and 15 and 16, Block 2, Spring Valley Addition. This "alley" has been vieweci as a street, for pianning purposes. We have looked at a st�eet being constructed from Mississippi Street to Rice Creek Road down the alignment of the right-of- ways that had been platted. Within this right-of-way, we have proposed to construct a stoRn system which would handle the water coming from the Creek Ridge Park area and convey water into the Harris Pond ditch. It has also been the Council's policy in the past that alleys wouid not be vacated unless 100% of the abutting properties of an ailey opted for the vacation or the construction. Because of the options that the e�usting right-of-way provides the City for future services and accessibility, and because of the inconsistency of the request of this pet�ion, I would recommend that the vacation request be denied. JGF:cz ik�►�illl�l / � C�7YOf FRIDL.E.Y t �� , � •� , PLANNING COMMISSION MBETING. APRIL 14; 1993 PAG�L 14 that is worse than qetting thinqs organized so things can move forward. OTION by Mr. Oquist, seconded by Mr. Oquist, to Council approval of lot split, L.S. #93-03, by l D& N Federal Savings Bank: To create two separate parcels, described as follows: This N.E. :ad—to City Oberle for 1 and Parcel 2, Parcel 1: Lots 29, 30, a 31, Block 3, Spring Brook Park, Anoka County, Mi esota, and together with the North Half of the vaca d alley adjacent to said Lots 29 and 30, Block 3, S ng Brook Park, lying between the Southerly extensi s of the East iine of said Lot 29 and the West line said Lot 30, in said Block 3, Spring Brook Park, oka County, Minnesota County " Lot 28, Block 3, Spring Brook Park, Anoka nnesota is generally located at 260 Longfellow Street UPON AJ�`OiCE,,VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTI� CARRIED IINANIMOIISLY. M�. McPherson stated this item will go to the City Council on May 3, 1993. 4. VACATION RE UEST, SAV #93-01 BY MARK AND JEAN SCHWARTZ: To vacate the East 8 feet of the alley adjacent to the West lot line of Lot 13, Block 2, Spring Valley Addition, generally located at 1372 - 64th Avenue N.E. Ms. McPherson stated the petitioners request that a vacation be approved to vacate the east eight feet of the alley Iocated directly adjacent to their property. The property is zoned R-1, Single Family Dwelling. There is additional R-1 zoning to the east and south, and there is R-1 and C-1, Local Business, to the west. Ms. McPherson stated that between the Schwartz' property and the Labandz' property at 1356 - 64th Avenue, there is a 16 foot easement for an alley which extends from 64th Avenue on the north to Rice Creek Road on the south. The petitioners are requesting that the 300 foot by 8 foot alley.easement be vacated. There are utilities located in the alley easement. Ms. McPherson stated the alley was originally platted with the Spring Valley Addition and could provide a means of access to the rear of these properties in this general vicinity should a road in an east/west direction be constructed along the rear property lines 13NN . �� PLANNING COMMISSION MBBTING. APRIL 14. 1993 PAGL 15 to the east. If the alley is vacated and a street and utility easement is not maintained over the vacated alley, this-would potentially limit the number of options for a future subdivision in this particular neighborhood. Staff is requesting that this type of easement be maintained over the vacated portion of the alley. A utility easement would also need to be maintained. Ms. McPherson stated that after the petitioners applied for the vacation request, the Labandz', the neighbors to the west, also applied for a vacation request to vacate the west half of the alley easement. Staff has contacted both petitioners to see if a joint vacation request could be processed at one time, thereby vacating the entire all�ey. Ms. McPherson stated staff is recommending the Commission recommend approval of the vacation request with two stipulations at a minimum: l. The petitioners shall execute and record a street and utility easement in place of the vacated alley. 2. The petitioners shall execute and record a hold-harmless agreement provided by the City. Mr. Mark Sch�Tartz stated that this alley was platted 52 years ago, and it has never been used as an alley and probably never will. He stated he has lived here 7 1/2 years, and the alley was never maintained before he moved there. He has put a lot of money into seed and dirt to make it look like part of the neighborhood. Yet, because it is not vacated, he cannot use the alley the way he wants to use it. He stated he realized a utility easement has to be maintained. He was not sure whether the street easement is needed and would prefer to see the street easement not part of the stipulations. Mr. Schwartz stated that if all the neighbors on the block decided to split the backs of their lots to create another block, he would suggest bringing a street down the middle and curving it out to Rice Creek Road. The City would not have to acquire any additional property. He stated his house sits approximately 20 feet off the alley, so he did not know how much closer the City could come to his home to acquire enough property for a street. Mr. Frank Labandz stated he did not want to see any street there because the children play in that area. A street would be a bad idea. Ms. Dacy asked Mr. Labandz if they are interested in vacating the west half of the alley. Mr. Labandz stated, yes, they filed for a vacation on Monday, April 19. 1300 � _ � I Community Development Department PLANNING DIVISION City of Fridley DATE: April 29, 1993 � �� To: William Burns, City Manager �• � FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Execute Contract with Kurth Surveying for Preliminary and Final Plat Work Related to the Shorewood Plaza Replat In 1988, the City Council approved the Shorewood Plaza plat which affects all the parcels abutting East Moore Lake Drive. As a result of alignment errors in the design of East Moore Lake Drive N.E., the area dedicated for roadway within the Shorewood Plaza plat is required to be rededicated to match Municipal State Aid Standards (see attached memo for background). In addition, necessary bikeway/walkway and utility easements need to be dedicated on the plat. Staff has met with the affected property owners regarding the process, the total contract amount, and sharing the cost of the replat. At that meeting, it was agreed that the owners would be responsible for the following amounts of the contract: Northwest Racquet, Swim, and Health Club Moore Lake Associates George Applebaum Short-Elliot-Hendrickson City of Fridley $1,400 $1,000 $1,000 $ 600 $2,500 The HRA at its May 1991 meeting agreed that it would pay $600.00 of the City's $2,500.00 portion of the contract amount. In 1991, Moore Lake Associates was unwilling to contribute the $1,000.00 to replat the properties. Quality Growth Limited now owns the East Moore Lake Commons Shopping and Office Center and has agreed to become a willing participant in the replat process. We have received money from Northwest Racquet, Swim, and Health Club, Quality Growth Limited, and George Applebaum to proceed with the replat process. Kurth Surveying Contract April 29, 1993 Page 2 Recommendation Staff requests that the City Council authorize the City Manager to execute the attached contract with Kurth 5urveying Inc. for $6,500.00 to prepare the preliminary and final plats of the Shorewood Plaza Replat. The proposed schedule for completion once the City Manager has executed the contract is as follows: * Preliminary plat to be submitted by June 11, 1993 * The Planning Commission will review the preliminary plat at its July 14, 1993 meeting * The City Council at its August 2, 1993 meeting will establish the required public hearing for the next regularly scheduled meeting It is anticipated that the entire process would be completed by the end of September 1993. MM/dn M-93-224 14A KURTH SURVEYING, INC. 4002 JEFFERSON ST. N.E. COLUI+�IA HEIGHTS, MINNFSOTA 55421 Phone (612)788-9769 Fax (612)788-7602 March 30, 1993 To: Ms. Michelle A. McPherson, Planning Assistant c/o City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Re: Replatting of Shorewood Plaza Area Dear Ms. McPherson: This letter is being written to clarify the areas of responsibility in the prosecution of the above project. This is per Ms. Barb Dacy's memo of June 10, 1991 and your I.etter of March 25, 1993. Kurth Surveying, Inc. (KSI} wili perform the following, for the City of Fridley (FRIDLEY), for the Sum of Six Thousand Five Hundred Dollars ($ 6500): 1} Prepare a preliminaxy plat for submission to the FRIDLEY Planning Commission. This will cover the property which is in the plat of "SHOREWOOD PLAZA" togeLher with the retai2 parcel, north of East Moore Lake Drive. This preliminary plat will show existina easements to be vacated, and suggested locations for new easements. 2) Field check survey of proposed easements, to uncover possible conflicts with existing improvements. 3) Monumentation per Minnesota Statutes of outside boundaries. 4) Computations and preparatian of a Final Plat, for filing with the County. This will be prepared with blank spaces for all signatories, unless we are informed in writing of the exact name and title. 5) KSI will pay the Anoka County plat checking fee, and the printing charges for preliminary and final plat preparation. Al1 printing and reproductions will be done at commercial printer and KSI hereby limits their responsiblity for reproduction costs to $ 500.00. Copies of invoices will be sent with billings. 6} F'urnish final plats, ready for signing by all parties, to FRIDLEY. These will have the notarized signature of the surveyor's certification onl.y. � � KSI will not be responsible for: 1) Any Governmental or other fees, except as noted in (5) above. Any fee paid by KSI or reproduction costs beyond the $ 500.00 limitation, will have a 15�C handling charge added and will be due and payable at the time of final biiiing. 2) Any charges for special delivery, mailing or handling on any items. 3) Making any supplemental drawings or certifications to Mortgagees or Title Companies. FRIDLEY, property owners, or their agents, will take responsibility for the following: 1j Furnishing of necessary title opinions to KSI. These are the same as furnished to the City Attorney. 2) Handle all meetings and presentations to City Officials. 3) Obtain preliminary agreement to allow platting from all concerned, such as owners, Mortgagees, Contract for Deed holders, etc. 4} Obtain necessary approvals from other agencies concerned, such as, MNDOT, Watershed, etc. 5) Obtain all signatures, excepi Surveyor (KSI), on final plat. 6) Recordation of the final plat at the County level. Because this work may extend over a long period of time, KSI will bill $ 3000 upon submissian of the preliminary plat. The additional billing of $ 3500 will be submitted with the presentation of a final plat ready for signing. Billings will be to FRIDLEY only, and they will be responsible for the total amount owed. These billings will be due and payable upon receipt and acceptance of the preliminary and final plats. As we intend to work closely with the City in this endeavor, this should pose no problems. We at KSZ look forward to working with you on this and request that if you have any questions or comments, please feel free to call. Accepted by the City of Fridley this By: Title 14C ctf y mitted, , ! Randy L . Kurth Kurth Surveying, Inc. day of , 19 _ . � S �/2 SEC. /3, T 30, IQ 24 C/TY OF FR/OLEY �� i i � I 31 E � � I 1 I L_,� I��<<�� I 1 � — . _ -T ' --=-=r.�,�--�--�,' T.,��!!F�-R�HM�1MM�F _ . .-i:� —�-- - " �iv�F�l+ .,t - � � � ,� , .. ,.. .. � �,y - s. ,. • ,,. , ... .. ,, e, . 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Q ,' � � � � �E`'' �p �' y?- �� „��• ��w,�c J� ; � � , � � , � �- P � o „�� '� ;a; -- ':' . Zz � � � _ 5�!p Pt. " � - - � � �� .. r° ..a �. y. " � �j 2 r .r . � � � " � � w Su J. �O M ({{I . 90 e � „ f - / ` ' � F i1.,�e. 2 .7 M r' �� 16 I RL.S. L oc c � . i� 6 � �,... �, ,' /,v y ' . . � � . i wQOdY V" � �. � rri.� ��.. `� N / .M yy� , .• 10 • v� I . ♦� �w��. I tilb I /Rl IfN �,�.y� � •' r 4 ( / . �)� Ih pI - ' �- �R1L (i � :N —_�•1�_.' �= s ,^ �� y ¢ ., ^ � `q s 3,/` `/ � ��l � � 1 , ` � •,. . _ � ..s_ . �,.. n , � s , "__ l� -� � --` ..�s. :sx:. . � ....�i.. n r� � , - � � � + �� ,��.. � �� s,''sV . is ' H ai '; 33 %� � 43 ` � 24 � 14D � � � -- i 3 Community Development Department HOUSING AND REDEVELOPMENT AUTI�ORITY City of Fridley DATE: April 30, 1991 �.a � TO: William Burns, Executive Director of HRA �. FROM: SUBJECT: Barbara Dacy, Community Development Director Shorewood Plaza Replat The Shorewood Plaza Plat refers to the area which was approved for the construction of the Moore Lake Racquet, Swim,& Health Club and the Moore Lake Shopping Center. After approval of the plat in 1988, the City determined that the plat drawing indicated the wrong street radii in order to conform to the Municipal State Aid street standards. While the road was constructed according to MSA standards, the plat was drawn incorrectly. Making matters worse, the developer could not record the original 1988 plat because of the various description and title difficulties pertaining to the property. As a temporary solution, the City eventually passed a Sureveyor's Certificate of Correction in 1988 which enabled the developer to record the plat. Backqround On May 25, 1989, George Applebaum, the then developer for Moore Lake Commons; Dave Newman, the then HRA Attorney; and Clyde Moravetz, the current Engineering Technician, met to discuss the issues regarding this plat. At that point, it was determined that a cooperative replatting process should be conducted with the costs to be shared by the responsible party. Further at that time, because S.E.H. was the consulting engineer for the road construction project, it was thought that we may be able to file a claim against S.E.H. regarding the incorrect radii. Since that time, we have determined that such a claim would not be sustained, but we may be able to convince S.E.H. to contribute some amount of remuneration toward the cost of the replat. In May of 1990, Kurth Surveying, the new surveyor for George Applebaum, prepared cost estimates for replatting this area in conformance with Dave Newman's letter. The City's share would probably total somewhere between $2,000-3,000. 14E Shorewood Plaza Replat April 30, 1991 Page 2 Current Status The new Moore Lake Shopping Center area is no longer owned by George Applebaum and is owned by Moore Lake Associates who is represented by Jerry Duffy of Siegel, Brill, Gropfer, and Duffy of Minneapolis. Further, Leonard Juster represents the Moore Lake Racquet, Swim, & Health Club. Given that the plat is located within a redevelopment area and because a new plat would resolve long standing legal description errors, we wanted to receive confirmation from the HRA as to their willingness to pay 20� of the replat costs prior to organizing a process to proceed with the replat of this area. The remaining portion would be paid from the capital improvement street fund. Recommendation Under the current proposal, the HRA's responsibility would be $400- 600. This is well within the professional services budget we prepared for 1991. Further, it would assist the City in correcting this legal description nightmare and make our recordkeeping a lot more efficient. Staff recommends that the HRA authorize the expenditure of no more than $600 toward the replatting costs of Shorewood Plaza. BD:ls M-91-309 14F 3-A � � Community Development Department C� - PLANNING DIVISION City of Fridley � DATE: April 29, 1993 � TO: William Burns, City Manager �!�' • FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SOBJECT: Approval of Resolution Adopting Plat Request, P.S. #93-01, Anderson Development Replat The City Council conducted a public hearing regarding the Anderson Development Replat at its April 19, 1993, meeting. Attached is a resolution for approval of the plat request. There are 14 stipulations in Exhibit A which are proposed for conditions of approval. Staff recommends that the City Council approve the attached resolution with the following stipulations: 1. 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 1, Block 1, shall maintain the private sewer line 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 be three. 6. The hard surface shall be set back from the west property line five feet. 7. Concrete curb and gutter shall be provided except for those areas proposed for expansion (see Exhibit B). 8. A landscape plan in compliance with the City Code shall be submitted. � Resolution Adopting Plat Request, P.S. #93-01, Anderson Development Replat April 29, 1993 Page 2 9. A grading and drainage plan shall be revised in compliance with Scott Erickson's letter dated April 16, 1993. 10. No exterior storage of vehicles shall occur except on hard surface areas. 11. A storm water pond maintenance agreement shall be executed and recorded against Lot 1, Block 1, Anderson Development Replat. 12. A joint driveway agreement shall be executed and recorded against Lots 1 and 2, Block 1, Anderson Development Replat. 13. A permit shall be received from the Rice Creek Watershed District prior to construction. 14. The grading and drainage plan shall be submitted to Anoka County prior to construction. The City Attorney has indicated that a second park fee can be collected since a replat is the same as a new plat. MM:ls M-93-242 15A RESOLUTION NO. - 1993 A RESOLUTION APPROVING PLAT, P.S. #93-01, ANDERSON DEVELOPMENT REPLAT WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #93-01, on March 14, 1993, and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their April 19, 1993, Council meeting and approved the Plat at their May 3, 1993, meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #93-01, Anderson Development Replat, with the stipulations attached as Exhibit A and Exhibit B, and authorizes the Mayor and City Manager to sign the Plat as prepared by John Oliver & Associates. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF MAY 1993. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 15B Resolution No. -1993 Exhibit A 1. 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 1, Block 1, shall maintain the private sewer line 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 be three. 6. The hard surface shall be set back from the west property line five feet. 7. Concrete curb and gutter shall be provided except for those areas proposed for expansion (see Exhibit A). 8. A landscape plan in compliance with the City Code shall be � submitted. �� A grading and drainage plan shall be revised in compliance with Scott Erickson's letter dated April 16, 1993. 10. No exterior storage of vehicles shall occur except on hardsurface areas. 11. A storm water pond maintenance agreement shall be executed and recorded a ainst Lot 1, Block 1, Anderson Development Replat. 12�� _ �� ..�.,�a A �oin iveway agreeme shall be executed and recorded against Lots 1 and 2, Block 1, Anderson Development Replat. 13. A permit shall be received from the Rice Creek Watershed District prior to construction. � '14. The grading and drainage plan shall be submitted to Anoka `�--` County prior to construction. 15C ..� , .000m QVOZ! �Ncl09S0 r �•ri �wn —� a a a a a--a a r—.-�- � � L � . � q V L� � ��,�, � , �� ; � .� � m� � _ 0 ' � U I W X I 111 � � ^� �'�� o°e $3i� g� '�4 +° �9�`- 6,w •u.�.u$ia � � 2596991 P.A6 P . S . 4�93-01 Anderson Trucking Serv. 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I�dEI'.f.(LL ^BE�t7 C. HYNLS HARD A. BEENS IRRELL A.IENSEN f �REY S. JQHTiSC�N ' JSSECl. H. CR01WDEli �'�t P. ERICKSp2J ' ''�MWR�NCE R. JOHNSON 1Vl� A. COSSE ' -iOMAS P. IviALON& ICl�iAEL F HURLEY Td: � F�tQM;. :SUBJECT: �D1�TE : fr�i �� , � �} � / � Barna, Guzy & S�effen; i;�d. ATi�pfiN�YS AT I.AW � � 400 Northtown �inancial Plaza • � �QO Coon X�apids Boulevard Ivtinneapolis, MN 55433 (612) 78a8500 FAX (612) ?80-177.? MEMORANDUM �arbara Dacy � Communit�y i3evelopmer�� Direc�or � Mich�le McPherson • Pianning Assi,$tant. � virgi�. Herrick City Attarney ' Anderson Deveiopment Rep].�� Tssues Apri1 29, 1993 .� SHrtI'.ON L. FtALL V tAGIL C. HERRICK HE1tMAN L. 7ALLE PAMBLA M. IiARRIS CHARLES M. SEYKORA yfll�l.lAM irt. HArtSEN Data�e[. D. caNrERI�. ' BEVERLY K. AODGH GREGG V. FIEARlCK • JAMES Q H(?EEr ' JOAN M. Qtu10E SC07'Y M. LEPAK • 37EVEN L. MACICEY This M�aorandum is in respor�se�to yau�r Memorandum, dated April :23� 1993, regar�iing the above sub�eCt. " • � �.zn your Memorandwn you ask �he question: � � "1. Since the owner.i.s processing a replat, can Caunci.l payment of a park dedication fe� based an the current �ormulas? In 1969,.staff bas evidence that �"park deposit" of $75�was paid at the tinte o� platting. The park dedication fee based on�the current ordinanae . would total $b,938.26. "Thi.s is based on the � commercial/industrial rat� of $.Q23 per square foot of land area. Our st�.pulation requires �hat•the park dedication fee be paid a� th,e issuariCe oF a build�.ng pez�.uit . �� _ . . � It •�.s my �. understandinq that you want m�r apinion, as to whethex a :reg7.atting of a parcel of praperty has the same effe�� a.r an ;origa.nal platting as it re�ates to the question�of park •� ° dedi.oa�ian fee. � . • . . � : 'I � 'klinnesata Statutes 462'.358, Subdi.vision 2(b), provides that a . municipality•may require a�reasa�able•par�ian af any propos,ed � �subd.ivision be dedicated to the public for par]t (and other publi� ��pux�aoses) . zt goes on �o pravide that the muniaipali,ty may . choose t4 acaept an equivalent amount in cash from �he�apgl3.aaht _ An cyual O�ts��Otiit ♦/ � a � i � I 0 Barb Dacy Miche�e McPherson Apx�� 29� 1993 Page Two for part or all of thr� pox�t.i.on af ].and required to be dedicated '• f or such public uses . The Statute req�.txre� that any ca�h, . paymen�s received sha11 ba placed in a special �und to be used � only for the purposes for which the money was abt�il'led. In an • earlie� version ot this State S�atute the Statute was applicabl� � only to residen�ial properties. However, �he I.,�g�.s7.atur� saw fit� � to change the Statute to make it appiicable tv any preposed � subdivision. Th� Gity af Fxi.dley has adopted Seativn 21�..07{Z) which sets forth the amount oi px'operty or an equiva].ent amcaunt in cash shal�. be obtained from the subdiv'is�.on applicant. In the : above Section �he City has set the standard as 10� of aJ.1 residential property �r 3$ of �ll commerciai or industr�al property. In making this dist�:n�tion the City has recognixed that th� burden on the City park sys�em wou�.d be qreater in a residentiai development th�ri in a commercia7. or ir�dust�ial development. � : It is al.so my understanding �ha� the Czty has been•requiring � park deciication °fee for all, p].��Sy replats or Iot sp�its. Yn �Y�e instan� case the Anderson progerty was platt�d �.n 1969 but has r�mained essen�i�i].y uacant from that time tQ th� present. The property own�r has now made ari app].ication to repiat the px�oper�y far purposes af creating lots to be de'�eloped. At the time of the original plat a$75.00 fee apparently was paid for �'�pazk depasit". Under aur current requireme�� a developer would be requi�ed �o pay the sum of $6,938.26 as a park fee. This sum is consistent with what o�her developers in the City are rec�uxred ta P$Y- It is my apa.n�.on that the City can charge the d�veloper at the ,. current rate and g.ive credit �ar th� amount gaid in 19fi9. . 151 � _ _ Community Development Department G DIVISION City of Fridley DATE: April 29, 1993 TO: William Burns, City Manager �.'"� FROM: SIIBJECT: � Barbara Dacy, Community Development Director Lisa Campbel�Planning Associate Consideration of 1993 Anoka County Joint Powers Agreement for Residential Recycling Program Attached please find a copy of the Anoka County Joint Powers Agreement for Residential Recycling Program. This agreement will allow the City of Fridley to request reimbursement funds for as much as $39,196 of eligible solid waste programming expenses. This agreement also releases a supplemental grant for the manage- ment of problem materials, solid waste recycling, and yard waste abatement programs. The amount of this supplemental grant is $8,422.92. This supplemental grant will be used to pay for costs associated with the yard waste transfer site, the spring clean-up day, and recycling services contract costs not covered by the initial $39,196. The term of this agreement is from January 1, 1993, to December 31, 1993. The Anoka County staff will not commit to an additional $39,196 for the 1993 year until the County receives the second half of its S.C.O.R.E. funding from the state. At this time, staff does not doubt that Anoka County will receive the second half of the S.C.O.R.E. funds. Once these funds are received by the County, they will be distributed to cities by amendment to this agreement. Staff recommends that Council authorize the Mayor and City Manager to execute this agreement. LC:ls M-93-238 Anoka County Con�act # 900239-3 AGREEMENT FOR RESIDENTIAL RECYCLIIYG PROGRAM THIS AGREEMENT made and entered into on the 8th day of December, 1992, notwithstanding the date of the signatures of the parties, betwcen the COUNTY OF ANOKA, State of Minnesota, hereinafter referned to as the "COUNTY", and the C1TY OF FRIDLEY, hereinafter referred to as the "MUMCIPALTTy°, WITNESSETH: WFIEREAS, Anoka County has received $369,179 in funding from the State of Minnesota pursuant to Minn. Stat § 115A.557 (hereinafter "SCORE fimds"); and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises conta.ined in this Agreement, the parties mutually agree to the following terms and conditions: 1- PURPOSE. Tfie purpose of this Agreement is to pcnvide for cooperation between the County and the Municipaliry to impiement solid waste recycling programs in the Municipaliry. 2. TERM. The term of this Agreement is from January 1, 1993 tluough December 31, 1993, unless earlier terminated as provided herein. 3. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual r�ecycling goal of 1,982 tons as established by the County. "Recycling" means the p�cess of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recyciing, including paper, glass, plastics, metals, and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. "Problem material" shall have the meaning set forth in Minn. Stat § 115A.03, subdivision 24a. "Yard�waste" shali have the meaning set forth in Minn. Stat. § i 15A.931. 4. REPORTING. The Municipality shall submit the following reports semiannually` to the County no later than July 20, 1993 and January 20, 1994: A• An accounting of the amount of waste which has been recycled as a resutt of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs, the Municipality si�all certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marlceted For recycling programs run by other persons or entities, the Municipality shall also provide documentation on foims provided by the County showing the tons of materials that were recycled by the Municipality's residents ttu+ough these other programs. The Municipality shail keep detailed records dacumenting the disposition of all recyclable materials collected pursuant to this agreemen� The Municipality 16A shall also report the n�mber of cubic yards or tons of yard waste collected for composting or landsp�ading, together with a desc6ption of �e methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. dres and used oil, shall also t�e reportea s�rparately. B. Information negaMing any nwenue �ceived from sou�es other than the County for the Municipality's c�ecycling programs. C. Copies of all promo6onal materials that have been prepared by the Municipality during d►e term of this Agreemern to pcvmote its recycling programs. The Municipality agrees to furnish die County with additional �pocts in foran and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the Metropolitan Council and the State of Minnesota. S. BILLING AND PAYMENT PROCEDURE. The Municipality shali submit itemized invoices semiannually to the County for abatement activides no later than July 20, 1993 and January 20, 1994. Costs not billed by January 20, 1994 will not be eligible for funding: The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 6. ELIGIBILITY FOR FUNDS. The Municipality is endfled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the pc�oject maximum as computed below, which shall not exceed $47,618.92. The project maximum for eligible expenses shall be computed as follows: A. A base amount of $5,032.00 for recycling adivides only; and B. $3.12 per household for recycling activities only. C. A supplemental grant of �8,422.92 (hereinafter referred to as a"Supplemental Grant") for problem material management, solid waste recycling and yard waste abatement programs to be disbursed to the Municipality within thirty days of execution of this Agreement. Notwithstanding anything in this Agreement to the contrary, the Municipaliry shall be endtled to use said Supplemental Grant monies oNy for eligible expenses paid by the Municipality during the period January 1, 1992, thnough June 30, 1993, for problem material management, solid waste recycling and yard waste abatement programs. On or before July 20, 1993, the Municipaliry shall submit a report itemizing the expenditures of the Supplemental Grant monies on a report form provided by the County, togedier with receipts verifying said expenditures. Any Supplemental Grant monies not expended by the Municipaliry on or before June 30, 1993, shall be retumed to die County. 7. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the county and the StaLe of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such reconds and accounts shall be maintained in a form which will permit the tracing of funds and pc+ogram income to final expenditu�. The Municipality shall maintain records sufficient to reflect thai all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557. subd. 2, for residential solid waste recycling purposes, The Municipality shall also maintain records of the -2- • : quantities of materials necycied. All records and accounts shall be retained as provided by law, but in no event for a period of tess than three years from the last receipt of payment from the County pursuant to this Agceement 8. AUDIT. Pursuant to Minn. Stat. § 16B.06, Subd. 4, the Municipality shall allow the County or other persons or agencies authorized by ti�e Courny, and �e State of Minnesota, including the Legislative Auditor or the State Auditor, access to the necocds of the Municipality at reasonable hours, including all books, records, documents, and accounting pracedures and practices of the Municipality relevant to the subject matter of the Agreemen� for purposes of audi� In addiflon, the County shall have access to the project site(s), if any, at reasonable hours. 9. GENERAL PROVISIONS A. In performing ti�e provisions of this Agreement, both paities agree to comply with all applicable federal, state or local laws. ordinances, rules, regulations or standards estabtished by any agency or special govemmental unit which are now or hereafter promulgated insofaz as they relate to perfocmance of the provisions of this Agreement. �n addirion, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipaiity by the County under this Agreemen� B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance staUis, sexual preference, handicap, age or national origin, be excluded from full employment rights in, paiticipation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program. service or adivity hereunder. The Manicipality agree.s to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recnutment, layoff, teimination, seledion for training, rates of pay, and other forms of compensation. C. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perfom► fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement D. The Municipality agnees that the Municipality's employees and subcontractor's employees who fall within any job classification established and published by the Minnesota. Depart�nent of Labor & Industry shall be paid, at a minimum, the prevailing tvages rates as certified by said Department Each Municipality and subcontractor performing work on a public project shall post on the project the applicable prevailing wage rates and houdy basic rates of pay for the County or area within which the project is being perfocmed, including the effective date of any changes thereof, in at least one conspicuous place for the information of the employees working on the project The informarion so posted shall include a bneakdown of contributions for health and welfaze benefits, vacation benefits, pension benefits and any other economic benefit cr.quired to be paid. E. It is understood and agreed that the en6re Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. -3- 16C F• AnY amendments, alterarions, variations, modifications, or waivecs of this Agc�eement shatl be valid only when they have been reduced to writing, duly signed by the parties. G. Contrac�s let and purchases made under this Agreement shall be made by the Municipality in conformance wi� all laws, rules, and regulations applicable to the Municipality. H• The 'provisions of this Ag�ement are severable. ff any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be centrar�► to law, such decision shall not affect the remaining portion of dus AgreemenL 10. PUBLICATION. The Municipality shall aclmowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following aclmowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Commitiee on Recycling and the Environment). 11. INDEMMFICATION. The County agrees to indemnify, defend and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, incfuding tfie cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement The Municipality agrees to indemnify, defend, and hold the County haimless fc�om all claims, demands, and causes of action of any kind or character. including the cost of defense thereof, resulting from the acts or omissions of its public officials. officers, agents, employees. and contractors relaring to activides performed by the Municipality under this Agreement The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement 12. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause. by giving not less than seven (� days written notice, delivered by mail or in person to the other party, specifying the date of terminatioa If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. -4- � ,1 � r IN WITNESS �VHEREOF, �e parties hereunto set their hands as of the dates first written above: COUNTY OF ANOKA By: Dan Erhart, Chairman Anoka County Boazd of Commissioners Date: ATTEST: John "Jay" McLinden County Administrator Date: Approved as to form and legality: Assistant County Attorney -S- 16E CITY OF FRIDLEY By _ , Name: Tide: Date: Municipality's Clerk Date: Approved as to form and legaliry: L•VC(VATTY�PCFN.O W-TECFI�RECICC[.INVC)pN'['RpCTR6CYCL93.M RG MEMORANDUM _ Municipal Center _ 6431 University Avenue N.E. Office of the City Manager Fridley, MN 55432 ' W j��i8t11 W. Burns UNOF �s�2� s�i-3450 ERIDLEY TO: The Honorable Mayor and City Council '� . FROM: William W. Burns, City Manager�� DATE: April 29, 1993 SUBJECT: Southern Anoka County Community Consortium Attached are materials that were provided to us by Jim Kordiak that describe the work of the Southern Anoka County Community Consortium (SACg). In addition to the descriptive information, the material also includes a Purchase of Service Agreement for Consultant Services that is to be considered by you at the City Council meeting on Monday, May 3, 1993. Fridley's share of the $15,000 contract with Richardson, Richter & Associates, Inc., is $2,750. The consultant will provide a number of services including conducting two focus group meetings in both Columbia Heights and Fridley. The purpose of the focus group meetings will be to identify community strengths and challenges and what is being done and what needs to be done in each community. I recommend approval of the agreement. Thank you for your consideration of this matter. VW1/B: rsc 17 _ �� ,_ _� .`�' The Honorable William J. Nee Mayor, City of Fridley 219 Logan Parkway N.E. Fridley, MN 55432 Dear Mayor Nee: COUNTY OF ANOKA Southern Anoka County CommuniLy Consortium GOVERNMENT CENTER 2100 3rd Avenue • Moka, Minnesota 55303-2489 (612j 323-5680 Aprii 8, 1993 As you may be aware, Anoka County in conjunction with Columbia Heights, Hilltop, Fridley and their respective school districts, has established the Southem Anoka County Community Consortium. The Consortium is working togethe� to iderrtify the communities' strengths, prioritize communities' needs and promote strategies for addressing these needs. i am aware that each of you has already initiated programs and many other activities to address the changes occurring in our communities. The problems are very complex, however, and cross over all of ou� service delivery boundaries. The Consortium wishes to collectively idettit'sty tl�e needs of the communities and p�omote strategies to address these needs. To this end, the Consortium recommends the adoption of the attached Mission Statemerrt and Scope of Collaborative Effort. In addition, the Consortium represerrtatives are �ecommending assistance with implemer�ting the scope and facilitating the process by collectively hiring Richardson, Richter and Associates. A proposed contract, including a funding contribution, is attached for your consideration. Together, we can address the challenges facing our communities. Thank you for your support. Sincerely, C C�(/Y'1't/ �61G�� Jim Kordiak Anoka Courrty Commissione� District #4 JKip Enclosures cc: Commissioner Paui McCarron John "Jay" McLinden, Couniy Administrator Tim Yantos� Oeputy CouMy Administrator � L� 5outhern Anoka County Community Consortium Mission Statement Believing in common community goals of providing safe and healthy environments for our businesses, residents and students, the communities of Columbia Heights, Hilltop and Fridley and their respective School Districts in conjunction with Anoka County are committed to working together to identify and highlight our communities' strengths and to prioritize our communities' needs (such as housing, economic development, education, public safety and family system support), and to promote strategies for addressing those needs. �� Y' Proposed Scope of Collaborative Effort for the . Southern Anoka County Community Consortium Phase I: Objective: Understand our communities' strengths and weaknesses Process: Work with the individual cities, in conj unction with their school districts to identify focus group categories Develop lists of focus group participants within categories Hold focus groups to discuss strengths of the communities, challenges for the communities, what is being done, given limited resources, what needs to be done and who should do it and what role can focus group individuals play Summarize findings of the focus group meetings for Consortium Combine these findings with data from community health indicators and Consortium leaders information Prepare report Phase II: Objective: Recommend goals and strategies for implementation to address needs identified in Phase I while continuing to promote strengths Process: Develop goals and strategies to address needs identified Explore ways to collaboratively continue to promote strengths Set standards to measure results of proposed goals and strategies Present goals and strategies to focus groups involved in Phase I Based upon focus group input, modify goals and strategies as needed � Present goals and strategies and prioritize for funding Phase III: Objective: Obtain funding for prioritized goals and strategies 17C �• �. . �a. . Snap Shot of Community Health Indicators for Columbia Heights, Hilltop, Fridley, Anoka County and the Seven County Metropolitan Area Housing Number of Housing Units Housing Value % under $50,000 % $50,001 - $60,000 % $60,001 - $75,000 % greater than $75,001 % of Owners over 65 years of age Number of Owner Occupied Housing Units Number of Rental Housing Units Average age of rental housing units Average rent for one bedroom Average rent for two bedrooms Number of Public Assisted Housing Number of Senior Housing Units Families/Residents Population by Age 0-4 5-17 18-44 45-64 over 65 Number of Households 17D Families/Residents (continued) . �` i : �, Household Incomes % under $20, 000 % $20,001-$40,000 % $40,001-$60,000 % $60,001-$75,000 % over $100, 000 Number of Households with kids Single Parent Households % Women led % Men led Number of Seniors Total Minority Population Total AFDC Recipients Reduced Lunch Recipients School Turnover Elementary Middle School High School High School Drop-outs last 10 years Crime/Safety Concerns Number and Types of Crime Juvenile Type and Number Economic Factors Labor Force % Employed � % Unemployed Commercial/Industrial Tax Base 17E y � N O r d '� M � d d S � rc c� � P vi v�i ~ Z IPA N 00 d N � O � o0 0 � M d � O = a � 0 U � O �p ` L I� �O M � o, v v .O IA N 2 �O � CO a+ � y C Tt � F� t�j �. 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N i d O V W M t N N N L � � W O W J i, C W O � � � U C M W � Q 2 � 17N � `h .........�.. . . .. . . . . . . . .... .... � . d .. . . .. . . � �. � ._.... .... ..1. . vr_ . . . . . �1�.. f!]�U .-Ui>Ja)1i.:2.JV).1...).>,i1.. �N �).i.> :J:I.i:1:i � � d < � M •� � � L ^ �+ M d O S � N M � � O � � U � C > d N MG W 7 J O M U J Y � N Q 1f1 m � t � � � � ^� a v, ' .°• o < M � � V S N � ti � d � C � ~ d L O � W � O C � m a d a � � v N L `Q C T L . � i s x � M � W V � O � U N ; , 170 � J 0 Q � 0 Z Z Q W H � S � � H UW v, �_� O Q , mm� � U�a, w�� O UV z u. —O N W F= U W S H ri c 0 a � d 3 � � � � d a 0 � a `o c 0 U 2 N d 0 � N � � C � % � C N N d N N O n. � c .� .� V d Q D> C .T � � � d a 0 a c d 0 � c � E a, � a� � E W ti 7 r ti o� c .� � c � 0 U v c � � a� rn `o � N 7 � N � �. d L � 1 � � � U E- � Q a � N �t �r rx Contract No. PURCHASE OF SERVICE AGREEMENT CONSULTANT SERVICES This Agreement is made and entered into b�ween the County of Anoka, 2100 Third Avenue, Anoka, Minnesota 55303 (County), in conjunction with the Cities of Columbia Heights, Fridley and Hilltop (Cities) and School Districts �13 aad �14 (Schoot Districts), and Richazdson, Richter & Associates, Inc., 413 Waconia Street, St. Paul, MN 55101 (Contractor). WITNESSETH: WHEREAS, the County in a cooperative effort with the Cities and Schoot districts is in need of consultant services to provide project coordination and pubiic policy analysis reiated to examination of concerns regarding suburban blight; and WHEREAS, the Contractor represents that the Contractor is qualified and willing to fumish these services; and WHEREAS, the County in conjunction with the Cities and School Districts wishes to purchase �ese services frem the Contractor. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and understood as follows: I. TERM This Agreement shall commeace on April 1, 1993 and terminate on December 31, 1993 unless terminated earlier as provided herein. II. SERVICFS The County in conjunction with the Cities and School Districts agrees to purchase and the Contractor agree,s to furnish consultant services. These services are generally described as public policy analysis of socio-economic indicators within the Cities and School Districts, project coordination of a process to identify areas of concem based on the indicators, development of a coilaborative work plan to address areas of concem identified and identification of available resources for implementation of the work plan. III. COMPEI�ISATION 1fie County will act as Contract Administrator and shall pay the Contractor at a special rate of $50.00 per hour for services provided. The total amount paid to the Contractor under the terms of this Agreement for services satisfactorily completed and for any out-of-pocket expenses shall not exceed 17Q +Cj L. 515,000.00. Reimbursable out�of-pock� expenses shali include ocily the following items: automobile expense at the rate of 28 cents per mile; copying costs at the rate of 10 cents per page; long distance telephone chazges and facsimile costs. The Cities aad School Districts agree to provide fuading for this agreement to the County in the following anwunts (to be contributed to the County within sixty (60) days of execution of this agreement): CITY OF COLUMBIA HEIGHTS CITY OF FRIDLEY CTTY OF HILLTOP SCHOOL DISTRICT �13 SCHOOL DISTRICT #14 52,750.00 a2,�so.00 a 500.00 $2,000.00 52,000.00 The County wil[ provide the balance of $5,000.00 necessary to fund this agreement. The County agrees to provide financial management services for the Southern Anoka County Community Consortium. In the event there are any contributed funds remaining at the termination of this agreement, such funds will be distribute� by the County to the Cities, the School Districts and the County in proportion to the contribution amount of each within sixty (60) days following receipt of fnal invoice under this agreement. IV. BILLING AND PAYMENT Contractcr shall submit invoices on a monthly basis to the County for work cazried out during the precefling month. Invoices shall specify on a daily basis the specific tasks performe� and the hours spent on each task and shall indicate total fees for the month including reimbursable costs to be paid by the County. Within thirty (30) days of its receipt of the monthly invoice, the County shall make payment to the Contractor. The County shall only pay for services satisfactorily performed. V. AUDIT DLSCLOSURE AND RETENTION OF RECORDS The Contractor agree,s to make available to duly authorized representatives of the County and of the State of Minnesota, for the purpose of audit ezamination pursuant to Minn. Stat. 16B.06, any books, documents, papers and records of the Contractor that are pertinent to the Contractor's provision of services hereunder. The Contractor further agree.c to maintain all such require�i records for three (3) years after receipt of final payment and the closing of all other related matters. VI. INDEMNIFICATION AND INSURANCE The Contractor agrees that it will hold harmless, indemnify and defend the County, Cities, and School Districts, its commissioners, boards, councils, officers, agents and employees against any and all claims, expenses (including attorneys fees), losses, damages or iawsuits for damages arising from or -2- � .1� r� related to providing or failing to provide services hereunder, including but not limited to the aegligence of the Contractor. Contractor shall maintain in full force and effect during the term of this Agreement and for six (6) moaths after the term expires, the following insurance: General Liability Insurance with policy limits acceptable to the County; Automobile Liability Iasurance with policy limits acceptable to the Courity; Workers' Compensation and Unemployment Compensation in amounts required by law. VII. SERVICFS NOT PROVIDID FOR No claim for services furnished by Contractor not specificaliy provided for herein shall be honore� by the County. VLI. INDEPENDENT CONTRACTOR It is agreed by the parties that at all times and for all pucposes hereunder, the relationship of the Contractor to the County, Cities, and School Districts is that of an independent contractor and not an employee or agent of the County, Cities, and School Districts. � IX. COMPLIANCE WITH LAWS In providing all services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules� and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopte�. Any violation of said statutes, ordinances, rules or regulations shall constitute a materiat breach of this Agreement and shall entide the County, in conjunction with the Cities and School Districts, to terminate this Agreement immediately upon delivery of written notice of termination to the Contractor. X. STATE TAX LAWS The County shall not make final paymeat until the Contractor has made satisfactory showing that it has complied with the provisions of Minn. Stat. § 290.92 requiring the withhoiding of State income tax from wages paid to the Contractor's employees and to employees of any subcontractors hired by the Contractor for work performed under this Agreement. The Contractor wiil provide the County with a letter stating the requirements have been met. XI. SUBCONTRACT[NG AND ASSIGNMENTS Contractor shall not enter into any subcontract for performance of any of the services contemplated under this Agreemeat, nor assign any interest in the Agreement without the prioc written approval of the County and subject to such conditions and provisions as the County, i� conjunction with -3- 17S t r 4,� the Cities and School Districts, may deem necessary. The Contractor shall be responsible for the performance of atl subcontractors. XII. MODIFICATIONS Any material alteratioos, modificatioas or variations of the terms of this Agreement shalt be valid and enforceable only when they have beea reduced to writing as an amendment and signed by the parties. XIII. DISCRIMINATION/AFFIRMATIVE ACTION � In accordance with Anoka County's Affirmative Action Policy and die County Commissioners' policies against discrimination, Contractor agrees that no person shall illegally be exclude�i from full-time employment rights in, be denied the benefits of or be otherwise subjecte� to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, marital status, public assistance status, age, disability or national origin. Contractor further agrees to comply with a!1 affirmative action or equal empioyment opportunity requirements imposed upon the Counties by any federal or state law, rule or regulation. Contractor further agree.s to fumish all information or reports that may be required by Executive Order, Department of Labor regulations or any other state or federal agency, or as required by me County. This Agreement may be canceled or terminated by the County, in conjunction with the Cities and School Districts, -and all money due, or to become due hereunder, may be forfeited for a second or any subsequent violation of the terms or conditions of this subdivision. XIV• DOCUMENTS AND DATA PRACTICES In collecting, storing, using and disseminating data on individuals in the course of providing services hereunder, the Contractor agre�s to abide by all pertinent state and federal statutes, rules and regulations covering data privacy, including but not limited to The Minnesota Data Praciices Act and all rules promulgated pursuant thereto by the Commissioner of the Department of Administration. Alt materials prepared or developed by Contractor in the performance of its obligatioas under this Agreement shall be the property of the County, Cities and School Districts and shall be provided to the County upon completion. � XV. EARLY TERMINATION Tfiis Agreement may be terminate� by the County, in conjunction with the Cities and Schooi Districts, at any time, with or without cause, upon thirty (30) written days notice delivered by mail or in person. Notice to Contractor shall be delivered to at the address first written above. If notices aze delivered by mail, they shalt be effective two (2) days after mailing. -4- 17T �x .� XVI. DEFAULT AND REMEDY Failure of the Contractor (includ'wg die failure of any employee or agent of the Coatractor) to abide by aay of the terms, conditions or requirements expressed in this Agreemeat shall constitute a default if not propecly corrected hy the Contractor upon receipt of a notice of deficieacy and a request for compliance from the Cvunty, Cides or School Districts. In the eveat of a default by the Contractor, the Couaty, in conjunction widi the Cities and School Districts, may caacel this Agreement by sending a written notice of cancellation to the Contractor at the address first written above, and may recover from the Contractor any datnages sustained by the County, Cities or School Districts which may directly or consequently azise out of the breach of this Agreement by the Contractor. XVII. PAYMENT OF PREVAILING WAGES Contractor agrees that Coatractor's employees and that the employees of any subcontractors who fall within any job c(assification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. Fach Contractor and subcontractor performing work on a public project shall post on the project the applicable prevailing wage rates and hourly basic rates of pay for the county or azea within which the pro,ject is being performed, including the effective date of any changes thereof, in at least one conspicuous place for_the informatian of the employees working on ttie project. The information so posted shall include a breakdown of contributioas for health and welfare benefits, vacation benefits, peasion benefits and any other economic benefit required to be paid. XVII. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the County, Cities, School Dist�icts, and Contractor relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this Agreement is the oaly and comptete agreement regarding the subject hereof. -5- 17U IN Wl'1'rTF.SS WHEREOF, the pazties hereto have hereunto set their hands. COUNTY OF ANOKA By: Dan Erhart, Chairman County Board of Commissioners Date�: ATTEST By: John "Jay" McLinden County Administrator Dated: APPROVED AS TO FORM By: Pamela McCabe Assistant Co::nty Attomey Dated: COLUMBIA HEIGHTS INDEPENDENT SCHOOL DISTRICT �13 By: James Lindstrom, Chairman Daterl: FRIDLEY INDEPENDENT SCHOOL DISTRICT +�14 By: Ginda Huber, Chairwoman Dated: -6- 17V RICHARDSON, RICHTER & ASSOCIATES, INC. By: Name: Tide: Dated: CiTY OF COLUMBIA HEIGHTS sy: Donald J. Murzyn, Jr., Mayor Date�: CITY OF FRIDLEY By: - William Nee, Mayor Date�: CITY OF �IILLTOP By: James Shear, Mayor Dated: pam�000tr.a4ra r t � / _ UNOE F'RIDLEY MEMORANDUM Municipal Center 6431 University Avenue N.e. Office of the City Manager Fridley, MN 55432 William W. Burns , (612) 571-3450 TO: The Honorabie Mayor and City Council �P� - FROM: WiNiam W. Burns, City Manager �� DATE: April 30, 1993 SUBJECT: Public Hearing - Regiot�al Senior Citizens Center At the May 3, 1993, City Council meeting, I am requesting that Council consider • the establishment of a public hearing for the purpose of receiving citizen input on the proposed regional senior citizens center. The proposed date for the hearing is May 17, 1993. At Councilmember Steven Billings' request, we contacted the schoo! system in an effort to schedule use of the Fridley High School auditorium for the public hearing. Unfortunately, the auditorium is booked that evening for a kindergarten concert. We have shifted our efforts to trying to acquire use of the Fridley Middle School cafeteria. We will not know until Monday if it will be possible to televise the hearing at that location. If the hearing is held at the Middle School, I suggest that it be scheduled for 7:00 p.m. This will give us some extra time to reconvene the City Council meeting at the Municipal Center. If the hearing is held at the Municipal Center, I suggest that the City Council meeting convene at its normal time of 7:30 p.m. A copy of the letter that will be sent to Fridley residents announcing the public hearing has been placed in your agenda packet for your review. Thank you for your consideration of this matter. WWB:rsc � � _ FOR CONCURRENCE BY THE CITY COUNCIL �ia..�� Mav 3, 1993 . Type 0� License: � 6� Approved By: CIGARETTE � �� Sest Western Kelly Inn � Pat Puhalla 5201 Central Ave.N.E. � Fridl ey, G1N 55421 . Fridley �f.F.W. Post 363 Same ' 1040 Osborne Rd. N.E. Fridley, MN 55432 � Sinclair Retail #22005 Sinclair ��kt.Co. 6290 Highway 65 N.E. Fridley, MN 55432 . . � FOOD ESTABLISHMENT Perkins Restaurant Perkins Rest.Operating Co, 6075 Poplar Ave. Memphis, �N 38119 JUNK YARDS Fridley Auto Par�s Same 7300 Central Ave.N.E. Fridley, MN 55432 PEDDLER Five Star Gourmet Cynthia Moen James P. Hi.11' 941 118th Ln. Coon Rapids, MN 55448 . PRIVATE PUP1P � LiCEN8E8 Onan David A. Jacobsen Richard Larson 1400 73rd Ave.N.E. Fire Inspector Fridley, MN 55432 Penzoil Prod. Co. " " " 7000 Hwy. 65 N.E. Fridiey, MN 55432 IUnity Medican Center Unity Hospital Richard Larson 550 Osborne.Rd. N.E. Fire Inspector ridley, MN 55432 ��fi,A�� ASOLINE -=-.-__ onoco Same " P.O.Box 4784 TR3032 ouston, TX 77210 �21 � �� • Fees• ' $12.00 $24.00 $12.00 $45.00 $350.00 $60.00 $30.00 $30.00 $30.00 $b0.00 � . . _ _ FOR CONCURRENCE BY THE CITY COUNCIL FRIDL�EIt May 3 , 1993 RETAIL GASOLINE CONT. - ' •LICENBES Page 2 � Grocery Nut #T2 Ken•Jedneak Richard Larson 6501 Cen�ral Ave,N.E. Fire inspector ' ' Fri•dley, MN 55432 • Fina . . Finaserve Inc. " " " � 7298 Hwy 65 N.E. Fridley; MN 55432 • Sinclair Retail #22005 Sinclair Mkt. Co. " 6290 Hwy. 65 N.E.� Fridley, MN 55432 SuperAmerica. #4207 SuperAmerica Group Inc. " P.O. Box 14004� . � Lexington, KY 40512 SuperAmercia #4175 " " " P.O. Box 14004 � Lexington, KY 40512 SuperAmerica #4199 " " " P.O. Box 14004 Lexington, KY 40512 Total Petroleum Jim Hill " 8148 Pillsbury Ave. So. Bloomington, MN 55420 Total Petro]eum " " '� 8148 Pillsbury Ave. So. Bloomington, MN 55420 . TAXICAB Town Taxi Co. Inc. Same 2500 Washington Ave. N.E. Mpls. Mn. 55411 TREE REMOVAL � Solem's Tree�Service Jack Solem 156 16th Ave. N.W. St.Paul, MN 55112 ' USED MOTOR� V.EHICLE Frank's Used Cars. Mary Gabrelcik 5923 3rd St. N.E, Fridley, MN 55432 JUNK YARD Skip's Central Auto Parts Inc. Same 1201 73 2 Ave. N.E. � , 21A �� • �� $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 " " " $50.00 Steve Barg Inspector $40.00 $ 50 . 00 � $350. _- _ _ _' FOR CONCURRENCE BY THE CITY COUNCIL a�� Mav 3, 1993 Page 3 LAWFUL GAMBLING � Joe Dimaggio's Same �•. 1298 E. Mo.ore Ln.Dr.N.E. Fridley, MN 55432 � Sandee's Same � 6490 Central Ave.N.E. � � Fridley,.P9N 55432 • OFF SALE BEFR Conoco Kayo 0i1 Co. - P.O.Box 4784 Houston, TX 77210 ON SALE BEER ' Pizza Flame' Daniel J. Anderson 317 Osborne Rd. N.E. � Fridley, MN 55432 TAXI CABS Blue & Wht. Taxi Fred Lee Blakenburg 1304 E. Lake St. �1pls. ��1N 55407 Suburban Taxi Corp Gary A17en Tournier 9614 Humboldt Ave.So. � Bloomington, MN 55431 21B LICENSES $300.00 $300.60 $60.00 $325.`00 $50.00 $50.00 � � FOR CONCURRENCE BY THE CITY COUNCIL BLACKTOPP NG Lino Lakes Black�p Inc 502 Lilac Si Circle Pines MN 550141053 EL , ,TRiCAL Heigttts Electric inc 704 40 Ave NE Minneapolis MN 55421-2998 Industrial Electric Co 600 S 9 Street Minneapolis MN 55404-1104 r.�S SER�CES Carlson C O Air .Conc� Co 1203 Bryant Ave N Minneapolis MN 55411-4087 9 i�f � f. Steven Nelson Judith Johnson Thomas Lindskog S'a�NER.��ACTOR-GOMMFj� �CIAi Hams Dick Co 6200 Riverview Terr NE Fridley MN 55432«4841 Dick Harris McGough Construction Co Inc 273? N Fairview Ave St Paut MN 55113-1372 Steiner Development inc 3610 S Hwy i01 Wayzata MN 55391-3424 Rhonda Smieja Cialen Tongen S'j�Iy R AI QNT�CTOR-R.F,SI�� American Handyman Can inc (388'� 2835 Central Avenue NE Minneapolis MN 55418-2951 Michael Welsh Automatic Garage Door (1990} 220 77 Ave NE Fridley MN 55432-2536 Emcor Enterprises Inc (32'I1) 3835 Crystal I.ake Blvd Robbinsdale MN 55422-2324 Catherine Connett Russ Embretson 21C LICEN8E8 CLYDE WILEY BLDG INSP STATE OF MINN Same GARY FORD BLDG/MECH INSP CLYDE WILEY BLDG INSP Same Same STATE QF MiNN Same Same Figg Masonry(7345} 2981 N Victoria Roseville MN 55113-i935 Fireside Come� Inc (106$) 2700 N Fairview Ave Rasevilie MN 55113-1306 Harris Dick Co (3765) 6200 Riverview Terr NE Fridley MN 55432-4841 Landmark Inc (1125) 7580 Alden Way NE Fridley MN SS432-3004 Pixley Jack 5weeps Inc (5960) 4179 149 Ave NW Anoka MN 55304-3135 Right Way Roofing (3999} i 1304 Red Fox Dr Maple Grove MN 55369-b331 Vollc Tim Cons�ruction (2154) 8131 19 Ave S Bloomington MN 55425-2101 Watson-Scott Conshvction Co (6884) 1419I 70 St S Hastings MN 55033-9402 �EA',�ING Carlson C O Air Cond Co 1203 Bryant Ave N MinneaQolis MN 55411-4087 �OBI�_F I�OMfi IN�TAI,I.�R Mobile Movers 525 105 Ln NW Coon Rapids MN 55448-4908 PX.UMBING A-Aarons 2511 Hwy 7 ExceLsior MN 55331-7800 C�tarles Figg (� �. :1 i� 1.`:�1 Dick Harris Bc>b McAdam Jack Pixley Scott Voves Tim Vollc Gregory Watson Thomas Lindskog Diana Felteastein Dave Hughes 21D Sa� ,-_i1s. Same Same Same Same Same Same GARY FORD BLDGlMECH INSP STATE OF MINN STATE OF MINN Aqua City Piumbing Inc 5428 Nicollet Ave S M�apotis MN 55419-1930 Bob's Circle Plum6ing 52 East Rd Circle Pines MN 550�41644 Cer►tral Plumbing 5700 Grand Ave N Minneapolis MN SS419-18U5 Eascc> Plumbing & Heating SU04 W Hwy 55 #28 Rockford MN 55373-9407 Ridgedale Plumbing Co 3050 Camage Dr Medina MN 55340-9621 ROOFING Jones Les Roofing Inc 941 W 80 5t Bloomington MN 55420-1028 �IGN ERECTOR Leroy Signs Inc 6325 Welcome Ave AT Minneapolis MN 55429-2091 Nordquist Sign Co Inc 312 W Lake St Minneapolis MN 55408-3Q99 SWIMMING POOL Ballys US Swim 8c Fifiness 4801 W 81 St #112 Bloomington MN 55437-1140 Da.ve Vogelgesang Robert Schr�eider David Green Eric Redepenning Gary Zwieg i.es Jones Lee Reiter Stephen Fox AT: 7200 University 21E Sattte Same Same Same Same CLYDE WILEY BLDG INSP Ci.Y�E VvII.EY BLDG INSP Same GARY FORD BLDGIMECH iNSP �0�� Fridley Convalescent Home 7590 Lyric LN NE Fridley MN 55432-3298 AT: 7590 Lyric Ln 21F CLYDE WILEY BLDG iNSP 22 FROM: City of Fridley Engineering Division TO: Honorable Mayor and City Council - City of Fridley 643i University Ave., N.E Fridley, MN 55432 DATE: M�Y 3, 1993 0 crrY or rRCDLCY PUBLIC WORKS 1�EPARTMENT 6431 IJNiVERSITY AVE., N.E FRIDLLY, MN 55432 RE: Fstimate No. l (FINAL) Period Ending: 4/29/93 FOR: Insituform Central, Inc. 17988 Edison Avenue Cheste�eld, MO 6.4005 STORM AND SANITARY SEWER REPAIIt PROTECT NO. 242 (75TH AVENUE, N.E.) PROJECT CODE # 603-60-00-415-6038 STATEMENT OF WORK : .. . . . .:,:..::;;; . . ...:.. : . : »:: �::;::. _ .: ::.<::>: <::<:>:.»: < ;:. : ;;.;;:;: .. .•:::::.;:.:..,.::;. >:: <..: ::><::>:: ........ ,�. :::.:::� :: :. . . ... . ..: . ..: :..;::::.:.: _ .. : ..:..... . . ; iTANTI'TY < :::::::::�::>:>::::;:;:::::>;:>::�<::«::<::::::::><<::=: ... >:::;;:::;�.: .::>:..;.. _.: ..:.:..:.. :.:. ::.:::.;:.: . � : : ;;;:.; . ..... .. .:..... _ . . _. ... ._ :.. ...::.:. . :.::: . . .:::::. .:.:.<.::;:;<.:;;:.; .,..:::.;:.:.:.;:.:::..:_.:::>::>::_:>,;:;.:;: :: : -.. :.......:. 4 :::. .........:... ,.:::::. : �.:»::>: >< .:.:.::::.. .;. ..;. >::.:: ;;.;:�..:::::.::::;:. > ,_ : : . : . :.. � : : : : . � : : : :.: : :.:.: :;.;:.;. -.;::.; ...;<. .::;. ;::::;::»::::>::::::>::>::::::>�>��> ..:�.:.:�.. .:;:. <:;:.:.>:::.:::: ..:ESTIMATE UNTT ... ;;> . THIS.;:<:;:_:'::::::::<:::::_::AMOUN'I' . ; �. . CONTRAC'I` ITEM .:,., QUAiV'TTTIES . ,: PRTCE � : : . �z , <; UNIT . : � ESTINfATE :.: TO DA�'E : ,; Storm Sewer Lining (36—in. RCP) 326 $254.00 Lin. Ft 326 582,804.00 Storm Sewer Lining (18—in. RCP) 460 $88.00 Lin. F� 460 540,480.00 Sanitary Sewer Lining (15—in. CMP) 334 $104.00 Lin. Ft. 334 $34,736.00 Mobilization and Demobilization 1 3,000.00 LS. 1 $3,000.00 TOTAL 22A $161,020.00 � rstimate No. 1(FINAL) ; . Insituform Central, Inc. � July 6,1992 Page Two SUMMARY: Original Contract Amount Revised Contract Amount Value Completed to Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS FSTIMATE CERTIFICATE OF THE CONT'RACI'OR �161,0?A.00 0.00 5161,0?A.00 0.00 0.00 5161,020.00 I hereby certify that the work performed and the materials supplied to date under the terms of the contract for this project, and all authorized changes thereto, have an actual value under the contract of the amounis shown on this estimate (and the final quantities on the final estimate are correct) and that this estimate is just and correct and no part of the "Amount Due T1�is Fst at " has been received. By • � , Contr ctor's Authorized 1�� (Title) I liereby certify that I have prepared or examined this estimate, and that the contractor is entided to payment of this estimate under the contract for reference project. CITY OF FRIDLEY, INSPECTOR Date � `a f — 93 By � Date /�"� / Checked B _ Respectfully Submitted, 0 a �� hn G. Flora,P.E Public Worlcs Director May 3, 1993 To: Public Works Director City of Fridley REPORT ON FfNAL INSPECTION FOR CITY OF FRIDLEY STORM AND SANITARY SEWER REPAIR PROJECT NO. 242 We, the undersigned, have inspeeted the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being ARril 30 1993 Jo son, Constructi Inspector / �� / I , � ��►� • .l � .� . . � - . �"� �� 0 May 3, 1993 City of Fridley STORM AND SANITARY REPAIR PROJECT NO. 242 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the pians and specifications heretofore approved. The final . contract cost is $161,020 and the final payment of $161,020 for the improyement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. 1NSITUFORM CENTRAL, INC. 22D Honorable Mayor and City of Fridley % Wi((iam W, Burns, 6431 University Aven� Fridley, MN 55432 Council Members: CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 May 3,: 1993 City Council City Manager ie N.E. CERTIFlCATE OF THE ENGINEER We hereby submit the Final Estimate for Storm and Sanitary Sewer Repair Project No. 242, #or Insituform Central, Inc., 17988 Edison Avenue, Chestertield, MO 63005. We have viewed the work under contract for the constructi�n of Storm and Sanitary Sewer Repair Project No. 242 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on Apri( 30, 1993. Resp tfully submitted, �� ohn G. Flora Director of Public Works JT: cz Prepared by Checked by 22E May 3, 1993 City of Fridley STORM AND SANITARY SEWER REPAIR PROJECT NO. 242 PREVAILING WAGE VERIFiCATiON This is to certify that Insituform Central, Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. INSITUFORM CENTRAL, INC. ZZF