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07/06/1993 - 4946x i :�: 1fILLI7�1[ W. BIIRNS CITY l�A�iAaBR COIIIIiCII. �[8$TIN(� ' JIII,Y 6, 1993 I .. � Y '{' . _,� 1 `� .1 .I�.. -i .. � / \ �. cmroF FRIDLEY FRIDLEY CITY COUNCIL PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: JULY 6, 1993 City Council Meeting of June 21, 1993 ADOPTION OF AGENDA: OPEN FORUM. VISITORS: (Consideration of Items Not on Agenda - 15 Minutes) PUBLIC HEARING: Amendments to Chapter 2 and Section 4.04 of the Fridley City Charter . . . . . . . . . . .�. . • •,• • Q �v ` �� Vacation Request, SAV #93-02, by Anderson ��-� Trucking Service, Inc., to Vacate all Easements Located in the Anderson Development Plat, Generally Located at 7699 Central Avenue N.E. . . . . . . . . . . . . . . . . . . . . . . . . . . f � � � ,�� s ,� 2 - 2G FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1993 Page 2 OLD BUSINESS: First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend y��,c..� Appendix C of the City Code (Vacation Request, SAV #90-02, by the City of Fridley) (Tabled June 7, 1993) . . . . . . . . . . . . . . . . . . . . 3 - 3C NEW BUSINESS: Appointment: Public Safety DirectQr � ��/ �� . . -�;�?-�-�. . . . . . . . . . 4 First Reading of an Ordinance Amending Chapter 3 of the Fridley� City Charter . . : ?�. . . . . . . . . . 5 - 5D First Reading of an Ordinance Under Section 12.07 of the City Charter to �� Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation / Request, SAV #93-02, by Anderson / Trucking Service, Inc.) . . . . . . . . . . .�. . . . . . . . . . 6 - 6B � FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1993 Page 3 NEW BUSINESS (CONTINUED : Receive an Item from the Appeals Commission Meeting of June 22, 1993: . . . . . . . . . . . . . . 7 - 7L A. Variance Request, VAR #93-12, by Peter Vagovich, to Reduce the Side Yard Setback of a Detached Accessory Structure from 5 Feet to 3 Feet, to Allow the Construction of a Detached Accessory Structure, Generally Located at 6600 Brookview Drive N.E. Receive the Minutes of the Planning Commission Meeting of June 23, 1993: � �. �vv , / � .............. 8-8HH A. Special Use Permit Request, SP #93-09, by Peter Vagovich, to Allow the Construction of a Second Accessory Structure Over 240 Square Feet, Genera!!y 7�`'� Located at 6600 Brookview Drive ' N.E. . . . . . . . . : . . . . . . . 8 - 8C . . . . . . . . .� �� 8P - 8W �. , . c� � � � � �� G � �i �� x B. Special Use Permit Request, SP #93-10, by Stephen Witzel, to Allow Outdoor Storage of Materia(s and Equipment, Generally Located at 505 Fairmont Street N.E. . . . . . . �i� � �� 1 �5 � 5� � 8C-81 8X - 8FF FRIDLEY CtTY COUNCIL MEETING OF JULY 6, 1993 Page 4 NEW BUSINESS �CONTiNUED): Receive the Minutes of the Planning Commission Meeting of June 23, 1993 (Continued): C. Establish Public Hearing for August 2, 1993, for an Amendment to the Fridley City Code, Chapter 205, Entitled "Zoning," � by Amending Sections 205.07.06, 205.08.06, 205.09.07, and �� 205.10.06, and Renumbering Consecutive Sections (Parking � Ordinance Amendment) . . . . . . . . %�-�-� ��_ � ..... 81 -8L 8GG - 8HH � r' Approve Consultant Contract with Westwood � Professional Services, Inc., and Peterson �� Environmental Consulting, Inc., to Provide Wetland Delineation Services . . . . . . . . . . . . . . . . . . . . 9 - 9Q Authorize Public Nuisance Abatement at ��R�-� 513 Fairmont Street N. . . . . . . . � . . . . . . . . � /� Q ..... 10-10F Extension of Memorandum of Understanding �� for Rental Rehabilitation Grant Program .� . . . . . . . . . . . . . 11 - 11 U � � , L � � � � � . � �� i'i� �� , ;� . FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1993 Page 5 NEW BUSiNESS �CONTINUED): Review Variance Request, VAR #90-12, by James Nicklow, to Increase the Maximum Allowable Square Footage of a Sign From 80 Square Fee# to 112 Square Feet, Generally Located at 6161 Highway 65 N.E. �� . . . �!� � 12 - 12N !J � Review Variance Request, VAR #91-13, by Leonard Vanasse, to Increase the Maximum Square Footage of a Sign from 80 Square Feet to 101 Square Feet, Generally Located at 57 - 81 st Avenue N.E. . . . . . . . . . � . . �'. . . 13 - 13N � Approve Comprehensive Sign Plan Amend ent for 7820 - 7900 University Avenue N.E. (T.R. McCoy's) . . . . . . . . . . . . . . f. .�. . . . . . . . . 14 - 14B Establish a Public Hearing for July 19, 1993, for the Knights of Columbus for �,� an On-Sale Club Liquor License . . . . . . . . . . . ./ � � 15 Receive Petition for the Rice Creek Stream �� Bed and Bank Stabilization Program . . . . . . . . . . . . 16 - 161 � � FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1993 Page 6 NEW BUSINESS {CONTINUED�: Resolution Determining the Necessity for Authorizing the Acquisition of Certain � C�� G"� Properties by Proceedings in the Eminent ' Domain (Outlot B, Shorewood Plaza) . .. � . . . . . . . 17 - 17B � cti Resolution Indemnifying and Holding Harmless the State of Minnesota for Actions Arising from the Granting of ,�!�� c�-�-��- Variances on S.A.P. 127-319-04 (Cheri � Lane and 53rd Avenue) and S.A.P. 127-350-01 (Regis Lane) Street Improvement � � Project No. 1993 - 2 . . . . . . . . . . . . . . . . �: . . . . . . . 18 - 18B Approve Contribution to the 1 of the North Summ�x-�mes Informal Claims . Licenses Estimates i � � �i � � :-•� �i .,1��......... 19 - 19E .................. 20 �� ,, ......... � ..................... ADJOURN: 21 22 - 22C 23 - 23N ° . .. , M`n�. . .. t 4.. THE MINOTLS OF THE FRIDI�RY CITY COIINCIL ME$TINl3 OF JDDiB 21, 1993 0 . . . . i. � - . . . . i � F � � �-° � � �� r �_ ' , _°°�:�-, ';` ��.Yl� ,�`"t� �`�a` �� .s �` � .. . ; � . . . . , .. _ . - � , , �.��'. � . . . ... . . � . . . � i - � '; .a. iG'�' .�;� . . +�R `' ��`�� `-� �,�, >'' THE MINIITES OF TH$ REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF JIINE 21, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson and Councilman Billings MEMBERS ABSENT: Councilman Schneider and Councilman Fitzpatrick APPROVAL OF MTNUTES: COUNCIL MEETING. JUNE 7, 1993: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee stated that staff has requested that the estimate from Newquist and Ekstrum be added to the agenda. MOTION by Councilwoman Jorgenson to adopt the agenda with the above addition. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITOR5: LOCKE LAKE DAM PROJECT: Mr. Leon Hinkel, 50 70th Way, questioned why only certain property owners were going to be assessed for this improvement. He felt that the residents on the north side of the street and around Hickory Drive should also be assessed. Mr. Flora, Public Works Director, stated that in addressing the storm water system that supports Locke Lake, the storm water line was drawn based on the catch basins and the center line of the street. He stated that water on the north side of the street remains on that side, and the storm water on the south side of the street runs into Locke Lake. He stated that the storm water system for the Locke Lake project includes everything east of East River Road, west of the railroad tracks, north of Mississippi and south of 70th Way. FRIDLEY CITY COIINCIL MEETING OF JIINE 21, 1993 PAGB 2 Mr. Hinkel did not feel this assessment was fair. He stated that all the water from Rice Creek drains into Locke Lake, and these property owners are not being assessed. He stated that there would be a public access on the lake, and he felt the entire City should pay for the improvement. Mayor Nee stated that the entire drainage district will be contributing towards the improvement, as there are several different components to the plan. Councilwoman Jorgenson stated that there are various assessments across the entire Watershed District with contributions from the City, the County and state. She advised Mr. Hinkel that the total project cost is $800,000, and his area would be paying $64,000. Mr. Flora stated that there would be a public hearing on the excavation project before the Rice Creek Watershed District this Thursday, and a proposed assessment is $6.57 for an $85,000 home. Mr. Hinkel asked what would happen if the cost was well above the estimates. Mr. Flora stated that a determination will be made if the dam should be constructed when bids are received. STOP SIGNS - DAVE SINIGAGLIO, 4875 THIRD STREET: Mr. Dave Sinigaglio, 4875 Third Street, stated that 48th Avenue and 2-1/2 Street was the site of an accident this past Friday, and there was beer all over the street. He stated that this is the fifth time he has addressed Council to request stop signs for this area. He stated that there is a yield sign at this intersection, but a car was speeding on 49th Avenue at 80 mph. He stated that one person was taken to the hospital, and the other walked away from the accident. He stated that everyone in the area questioned when the City was going to do something and install stop signs. He stated that he was tired of coming to the Council meetings and the Council was elected to serve the residents of Fridley. Mr. Sinigaglio stated that people drive like idiots in this area, and he has reported several persons who received citations. He asked that stop signs be install for a six-month period, and then let the people be the judge if they work or not. He stated that if people do not obey the signs he would move. Councilman Billings stated that if a driver was driving 80 mph and there was beer all over the street, he felt this driver would not have obeyed the stop sign if he did not obey the yield sign. He stated that the City can install stop signs in place of yield signs, but the City cannot place a police officer on every corner to make sure people obey these signs. FRIDLEY CITY COIJNCIL MEETING OF JIINE 21. 1993 PAG$ 3 Mayor Nee felt strongly that the stop sign issue deserves some review as to whether or not more stop signs are needed. He stated that he wanted the Public Works Department to conduct a review of the neighborhood, and that a larger area should be studied rather than one intersection. He stated that if stop signs are installed at every other corner on Third Street, the situation may be worse on Second Street. He stated that the City would do a study and see how this can be resolved. Councilwoman Jorgenson stated that she had the same situation in her neighborhood, and she obtained a petition from the residents. PETITION NO. 11-1993 FOR CONCRETE CURBS: Mrs. Weiser, 6876 Madison Street, submitted a petition for concrete curb and upgrading of Seventh Street. She stated that over fifty percent of the residents are in favor of this improvement at a cost of $8.00 a front foot. She stated that there are 24 properties involved, and sixteen were at home when the petition was circulated. They were all in favor of this improvement except for one. MOTION by Councilman Billings to receive Petition No. 11-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS• 1. ORDINANCE NO. 1014 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 #93-01, BY MARK AND JEAN SCHWARTZ, AND FRANK AND VALLIE LABANDZ): MOTION by Councilwoman Jorgenson to waive the second reading of Ordinance No. 1014 and adopt it on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 2. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 18 , 1993• A. VARIANCE REOUEST, VAR #93-09. BY WALTER BAUER. TO REDUCE THE SETBACK BETWEEN THE LIVING AREA AND THE SIDE LOT LINE FROM 10 FEET TO 4.5 FEET AT 6420 STARLITE CIRCLE; 10 FEET TO 5 FEET AT 6422 STARLITE CIRCLE: 10 FEET TO 7 FEET AT 64_3_0 STARLITE CIRCLE: AND 10 FEET TO 6 FEET AT 6432 STARLITE CIRCLE N.E. TO ALLOW THE CONSTRUCTION OF TWO NEW TWO-FAMILY DWELLINGS: Ms. Dacy, Community Development Director, stated that the properties involved in the variances are two twin homes located in FRIDLEY CITY COIINCIL MEETING OF JIINE 21, 1993 PAGE 4 the northwest part of Starlite Circle. She stated that the property is zoned R-2 and is known as the Doty-Wellner Addition. She stated that the variances are to reduce the setbacks between the living area and the side lot lines for the properties at 6420, 6422, 6430 and 6432 Starlite Circle. Ms. Dacy stated that this property was originally platted as a result of a lengthy rezoning and platting process initiated in 1980 and completed in 1982. She stated that a number of variances were granted at this time for the twin home lots. She stated that the variances were granted because at that point in history the City did not have a zero lot line provision in the ordinance. She stated that the variances granted included a lot width variance for each of the twin home lots; a side yard variance for a garage from 5 feet to 3 feet; a front yard setback from 35 feet to 30 feet for four lots; and for the single family lots, there were some side yard and rear yard variances. Ms. Dacy stated that as part of the plat and rezoning process, the petitioners submitted two types of twin homes that were being contemplated for construction, Type A and Type B. She stated that the Type A plan included a double garage, and the Type B plan included a single garage but did not indicate livi�g area above the garages. She stated that one of the petitioners, Mr. Wellner, currently owns the existing lot to the south of one of the properties at 6412 Starlite Circle. Ms. Dacy stated that the variance requested is to reduce the side yard setback for the living area, and there is a different variance for each of the lots. She stated that the petitioner, Bauer Construction, has submitted two site plans for consideration. She stated that for the properties at 6420 and 6422 Starlite Circle, the garage is located in front of the living area. The construction is similar for the twin home at 6430 and 6432 Starlite Circle. Ms. Dacy stated that during the plan review process, the setbacks were reviewed to assure the garages met the variances granted in the 1980's. She stated that the submitted surveys for each of the twin homes clearly indicate a garage. However, there is no mention of the living area above the garage unless one reviews the building plans. She stated that while the garage location on each of the twin home lots meets the setback requirements, the existence of a living area on the second floor above the garage dictates the need for a variance from the ten foot required side yard setback. Ms. Dacy stated that at 6420 Starlite Circle, there is 4.5 feet between the lot line and the corner of the living area; at 6422 Starlite Circle, there is 5 feet between the lot line and living area; at 6430 Starlite Circle, there is 7 feet between the living area and lot line; and at 6432 Starlite Circle, there is 6 feet between the living area to the lot line. She stated that the twin FRIDLEY CITY COONCIL MEETING OF JUNE 21, 1993 PAGE 5 homes at 6420 and 6422 Starlite Circle has the foundation installed, framed, exterior siding, as well as the eiectrical, roofing, and plumbing systems installed. She stated that the twin homes at 6430 and 6432 Starlite Circle have the foundation installed, framed, and a minimal amount of plumbing has been completed. She stated that when it was detected there was an error in construction, the contractor was asked to stop work immediately. Ms. Dacy stated that the Appeals Commission considered this variance request on June 1, 1993 and had three options. She stated that they could approve the variances as requested; deny the variances and instruct the owner to redesign the units to meet the ten foot setback requirement; or consider a modified variance request where a fire wall is constructed within each of the units to meet the ten foot setback requirement. She stated that in three of the units there would be a small encroachment into the ten foot setback area ranging from 8 inches to 1.3 feet. Ms. Dacy stated that if a fire wall is constructed at 90 degree angles so that the interior of the unit is physically separated that it meets the intent of the ordinance. She stated that it is recommended this fire wall be constructed of 5/8 inch gypsum board and the interior of the wall that has been constructed should also be lined with 5/8 inch gypsum board to produce a double stop to prevent spread of fire. Ms. Dacy stated that if the fire wall option is pursued, the Council would be granting variances from 10 feet to 9 feet at 6420 Starlite Circle; from 10 feet to 9.4 feet at 6422 Starlite Circle; at 6430 Starlite Circle there would be no encroachment because the fire wall would be in excess of ten feet away from the lot; and at 6432 Starlite Circle, the encroachment would be from 10 feet to 8.7 feet. Ms. Dacy stated that the Appeals Commission recommended denial of the variances at 6420 and 6422 Starlite Circle on a 3 to 1 vote, and unanimously recommended denial of the variances at 6430 and 6432 Starlite Circle. She stated that if variances are approved based on the fire wall option, the petitioner should be required to record deed restrictions stating the fire wall cannot be removed and is intended for safety purposes. Ms. Dacy stated that there is a drainage concern along the common lot line between 6420 and 6412 Starlite Circle. She stated on that particular variance, staff recommends a swale to appropriately drain off to the street. Councilman Billings stated that the drawings are somewhat accurate, but not completely precise because there actually would be about a six inch variance required at 6430 Starlite Circle. He stated that the City requires a ten foot setback from living space and a five foot setback for garages. He stated that a garage can be located within five feet of the lot line, and a home can be located FRIDLEY CITY COIINCIL MEETING OF JIINE 21, 1993 PAGE 6 within ten feet of the lot line. He stated that homes built with tuck-under garages have the entire home and garage located within the ten foot setback. He stated that there are a number of homes, typically in the Innsbruck area, where the home is built less than ten feet from the property line. There is space above the garage, but it is not living space. He stated that the outside wall of these buildings are straight up and down and less than ten feet from the property line but with no living area above the garage. This is essentially what statf is recommending with the fire wall in this particular instance. Councilman Billings stated that by providing the fire wall option, these twin homes would look similar to other twin homes in the area. He stated that these homes are built relatively close to the property line which is the result of the variances granted by the City in 1982 to Mr. Wellner and Mr. Doty. Councilman Billings stated that there were a number of persons who testified at the Appeals Cominission meeting that they did not want twin homes on those sites. He stated that this property is already zoned R-2 which means twin homes or double bungalows are permitted on these lots. He stated, therefore, that this is not the issue this evening. Councilman Billings stated that the issue before the Council is the living space inside the building. He stated that in 1982, the Council chose to grant a number of variances to most of the lots in this particular plat. He stated that Mr. Wellner and Mr. Doty were able to convince a prior City Council that there was a hardship that necessitated a variance. He stated that he is not exactly sure what the hardships were but probably because of the odd shape of the lots. He asked if it would be reasonable to assume that whatever hardships existed in 1982 would also be true today. Ms. Dacy stated that the same conditions apply today which is the unusual shape of the lot. Councilman Billings stated that, essentially, nothing has really changed in regard to the lots since 1982. He stated that he visited the site, and several neighbors approached him. Their primary concern was that they really did not want twin homes on the site. He stated that when he advised them this was not the issue before the Council, and the Council could not prevent the petitioner from constructing twin homes, they seemed disappointed. He stated that they pointed out that there is very little landscaping in the front of the two twin homes that already exist. He stated that he would like to know if the developer would be willing to install landscaping between the driveways to improve the appearance. FRIDLEY CITY COONCIL MEETING OF JUNE 21 1993 PAGE 7 Councilman Billings stated that he has tried to determine what kind of variances he felt were reasonable had the petitioner applied for the variances prior to any building being done on the site. He stated that it seems the recommendation from staff as to fire walls makes sense in relation to other developments in the City and in terms of the building codes and zoning. He stated that the other question is if those fire walls should be less than the ninety degree angles. He stated that in several other cases in the City, one on McKinley and one on North Danube, there were approvals for variances for living space that would be six feet away from the property line. Councilwoman Jorgenson asked if a drainage plan has been submitted. Ms. Dacy stated that no drainage plan was submitted, and in this particular instance, it would not be required. Councilwoman Jorgenson asked about fire walls in the homes where variances were granted. Ms. Dacy stated that the variances granted for the properties on McKinley and North Danube were within six feet of the property line. A fire wall is not required by the Uniform Building Code until a structure is within three feet. She stated that what sta�f is recommending is in excess of the code. Mr. LeVander, attorney representing Bauer Construction, stated that since Councilman Billings has described the history and justification for the variances, they probably would have been granted if the petitioner had come in before construction began. He stated that variances were granted to Mr. Wellner and Mr. Doty some time ago for three feet from the garages. He stated that it is simply the variances for the living space which is now a problem. Mr. LeVander stated that the initial variances were modified quite substantially. He stated that he did not think what is proposed is substantially different than what Mr. Wellner had submitted when he suggested in his letter to the City on June 2, 1983 that "each unit will have a two-car garage with a bedroom above that area." He felt that the variances would solve the problem, and they would install fire walls to avoid the spread of fire. Councilwoman in 1982 did stated that later which garage. Jorgenson stated that the original variance granted not allow for living space above the garage. She the City received a Zetter from Mr. Wellner a year noted his intent to provide living space above the Councilman Billings asked if Mr. Bauer would be willing to install plantings to improve the appearance. FRIDLEY CITY COIINCIL ME$TING OF JIINE 21. 1993 PAG$ 8 Mr. Bauer stated that he would not have a problem with the landscaping. Councilman Billings asked Mr. Bauer if his company constructed buildings to maintain ownership and rent them or if they build and sell the units. Mr. Bauer stated that they maintain and keep units for rental, as well as build and sell. He stated that if anyone wished to purchase one of the units it could be sold. Mr. LeVander stated that the deed restrictions referred to by staff would also be acceptable. Mr. Wellner, owner of property at 6412, 6421, and 6423 Starlite Circle, stated that to give some history on these properties, the two car garages are a result of a compromise with the City because the neighbors raised concerns about parking. He stated that this was agreed upon by the City and the Council person at that time, Ed Hamernik. He stated that the plans were called A and B. Plan B was a single car garage, and Plan A came about in order to get final approval of the plat. He stated that the buildings had to be set back farther in order to have the garages located in front. He stated that the variances were granted after long, detailed discussions. He stated that he felt it was a mistake that Lot 4 is in preliminary construction. Mr. Wellner stated that with respect to the letter referred to by Mr. LeVander regarding living space above the garages, he is not sure of the context of the letter or that it was written by him. He stated that this probably has to do with the present k�uildings he owns and not with these lots in question. He stated that he is not sure the letter he submitted was in reference to these lots. Mr. Wellner stated that the drainage problem on Lot 3 is very serious. He stated that Mr. Bauer chose to elevate the building, and there is a 3.4 foot setback from the corner of the garage to the property line. He also has to install a three foot sidewalk along the garage. Ii�e stated that Mr. Bauer chose to change the grade, and he could have a drainage problem which could make the lower level unlivable. He stated that this particular lot drains directly on to his lot. This has to be dealt with and is a severe problem. Mr. Wellner stated that if the variances are granted with the fire wall, he suggested that at no time could anyone come back to the Council and petition for that area to be living space. Mayor Nee stated that he recalls the discussion about the garages and wanting to get cars off the street. He stated that as he looks back now, the buildings are probably too large for the site. FRIDLEY CITY COUNCIL MEETING OF JUNE 21, 1993 PAGE 9 Mr. Wellner felt that Lot 5 had to be included in the Council's deliberations. He stated'that the drainage problem created by the building at 6420 Starlite Circle better be dealt with in some fashion. He stated that he is not interested in donating any land to someone who elevates that building. Mr. Bauer stated that he hears what Mr. Wellner is saying; however, the garage floor. is twelve inches above his garage floor. He stated that the cul-de-sac rises six inches above his building. He felt that the drainage could be handled. He stated that water in the rear of the building will drain to the north. He stated that he would have to deal with the water only on the south side, and this could be accomplished. Councilman Billings stated that Mr. Wellner has mentioned Lot 5. He stated that the property owner of this lot has not requested any variances, and a request has to be before the Council before any action can be taken. He stated that he would assume if the property owner for Lot 5 did request variances, and circumstances being similar to what they are on the other lots, the variances would be granted if the petitioner felt they were needed. He stated that in respond to Mr. Wellner's remark, it is his opinion the City cannot take away a person's right to make a request for a variance. Councilman Billings stated that in terms of the drainage, it is his understanding the drainage problem to which Mr. Wellner refers is a by-product of two elements; one being the elevation of the home being constructed at 6420 Starlite Circle and the other being the closeness of the building to Mr. Wellner's property. He stated that the garage being 3 or 3-1/2 feet from the property line is a direct result of the variance granted to Mr. Wellner in 1982. He stated that the living space above the garage makes no difference, as the garage is still that close to the property line as a result of the variance granted in 1982 to Mr. Wellner. He stated that the drainage is something Mr. Bauer needs to address in terms of his relationship with Mr. Wellner, but he does not think it is a prime factor for the variance. Councilwoman Jorgenson asked if a drainage plan is required when someone adds fill to a property which may cause a drainage problem to either neighbor. Ms. Dacy stated that for a typical home or twin home a drainage plan would not be required. She stated that nothinq has been submitted to staff which would lead them to believe there is a drainage issue involved. Councilwoman Jorgenson asked if the City was aware that fill was being brought in for this property. FRIDLEY CITY COt1NCIL MEETING OF JUNE 21, 1993 PAGE_10 Mr. Wellner stated that the drainage on that particular lot was below the original elevation. He stated that when you look at the topography, there is a difference in elevation where this building is being built and the building he owns vn the east side. He stated that he had the building constructed on the original elevation and did not have a problem. He stated that the elevation was created by Mr. Bauer's choice of raising the building. He stated that he did not believe Mr. Bauer brought in fill but bermed behind his property. He stated that he did not know why Mr. Bauer chose to elevate the building and create the drainage problem. Councilman Billings stated that the drainage problem is not connected to these variances but the elements of the existing elevation and the close groximity to the property line is. Mr. Wellner stated that he would not dispute this fact, and the setbacks did not cause the problem with the drainage. It was the elevation of the building. Mr. Bauer stated that the elevation is twelve inches higher than the property to the south, and the reason he went with this elevation is the next lot at 6430 Starlite Circle rises again. He stated that the lot might have been lower than Mr. Wellner's, but. Mr. Wellner's lot was elevated somewhat. He stated that this building and the adjacent building were built a little higher in order to make it look better. He stated that the drainage problem can be handled. He stated that they probably will need to make a different sidewalk with a step down off the driveway to the sidewalk. He stated that he would not drain any water on Mr. Wellner's property. � MOTION by Councilman Billings to grant Variance Request, VAR #93-09, with the fire wall option, subject to the following stipulations: (1) a diagonal wall is to be constructed to meet the 10 foot side yard setback requirement, or (2) if a fire wall is constructed in a 90 degree fashion similar to what is indicated in the attached plans, the variance for Lot 3A, 6420 Starlite Circle would be from the required 10 feet to 7.25 feet; for Lot 3B, 6422 Starlite Circle, from the required 10 feet to 7.25 feet; for Lot 4A, 6430 Starlite Circle from the required 10 feet to 9 feet; and for Lot 4B, 6432 Starlite Circle from the required 10 feet to 7.25 feet for a living area encroachments; (3) this variance request acknowledges the existence of a portion of the structures that are located less than 10 feet from the lot line and, further, that there are prior variances that have been issued to these lots; (4) the wall surface of the fire wall shall be lined with a 5/8 inch gypsum board to face the interior of the unit. Further, a 5/8 inch gypsum board shall also be placed on the interior of the existing outside walls; (5) the petitioner, on forms provided by the City, shall record deed restrictions stipulating that the wall cannot be removed and is intended for fire safety purposes; and (6) the petitioner will work with staff to specify and plant FRIDLEY CITY COIINCIL MEETING OF JUNE 21, 1993 PAGE 11 appropriate plantings that will survive between the driveways of the individual twin h�omes. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked if there was anything that could be done to have Mr. Bauer and Mr. Wellner work together towards the drainage plan. Mr. Herrick, City Attorney, stated that he heard Mr. Bauer say that he felt he could resolve the drainage problem. He stated that if he is not successfu? and there is a problem or some damages to Mr. Wellner's property, Mr. Bauer may have some civil liability. He felt that Mr. Bauer was aware of the concern. He stated that he did not know if there is anything the City can do to require the cooperation of the two persons. He assumes they would try to work out a mutual agreement. He stated that if there is a problem, the question is if one of the owners developed the property in an unreasonable fashion. Councilwoman Jorgenson felt that it may be prudent to attach another stipulation to include a drainage plan to show the drainage of the property to make sure it would not affect Mr. Wellner's property. MOTION by Councilwoman Jorgenson to add stipulation No. 7 as follows: (7) that a drainage plan be provided to staff prior to July 1, 1993 on the parcel at 6420 Starlite Circle. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF JUNE 1 1993• A. VARIANCE REQUEST, VAR #93-10, BY MICHAEL AND JENNIFER MILLIGAN, TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 25 FEET TO 10 FEET TO ALLOW THE CONSTRUCTION OF A THREE-CAR GARAGE, GENERALLY LOCATED AT 392 66TH AVENUE N.E.: ' Ms. Dacy, Community Development Director, stated that this is a request to reduce the side yard setback on a corner lot from 25 feet to 10 feet to allow construction of a three car garage. She stated that the Appeals Commission recommended a 17-1/2 ioot setback rather than a 10 foot setback with four stipulations which she outlined. MOTION by Councilman Billings to concur with the unanimous recommendation of the Appeals Commission and grant Variance Request, VAR #93-10, with the following stipulations: (1) replacement of the existing driveway curb cut with B618 concrete curb and gutter; (2) removal of the existing driveway; (3) FRIDLEY CITY COIINCIL MEETING OF JIINE 21. 1993 PAGE 12 conversion of the existing garage to living area within 60 days of completion of the accessory structure; and (4) installation of a hardsurfaae driveway for the new garage by July 1, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REOUEST, VAR #93-11, BY TOP TOOL COMPANY. TO REDUCE THE FRONT YARD SETBACK FROM 100 FEET TO 90 FEET TO ALLOW THE CONSTRUCTION OF A SMALL ADDITION GENERALLY LOCATED AT 7615 BAKER STREET N.E.: ' Ms. Dacy, Community Development Director, stated that this is a request to reduce the front yard setback from 100 feet to 90 feet to allow the construction of a small addition to be used as an entry vestibule. She stated that this would improve the energy efficiency of this area. She stated that the getitioner is proposing to add additional parking in front of the building by increasing the number of spaces from four to eight. MOTION by Councilwoman Jorgenson to grant Variance Request, VAR #93-11, with the following stipulation: (1) the petitioner shall provide a landscape plan which provides screening for the parking lot along Baker 5treet N.E. prior to the issuance of a building permit. Screening shall be provided by either a three foot berm, hedge, or combination thereof. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEI'�iE THE MINUTES FROM THE PLANNING COMMISSION MEETING OF MAY 26, 1993: MoTION by Cauncilman Billings to receive the minutes of the Planning Commission meeting of May 26, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE� 9 , 1993 : A. SPECIAL USE PERMIT RE4UEST. SP #93-08, BY SAM'S AUTO BUYING PROGRAM TO ALLOW AUTOMOBILE AGENCIES SELLING OR DISPLAYING NEW �11�TD/OR USED MOTOR VEHICLES, GENERALLY LOCATED AT 8150 UNIVERSITY AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a special use permit by Sam's Auto Buying Program to allow the sale of cars, trucks, recreational vehicles, boats and campers. She stated that the property is located in the northwest corner of 81st Avenue and zoned C-3. She stated that Sam's Auto Buying Program is affiliated with Sam's Wholesale Club, but it is a separate corporate entity. She stated that they work with area dealers in order to provide specific automobile prices which are FRIDLEY CITY COONCIL MEETING OF JLTNE 21, 1993 PAGE 13 exclusive to Sa�'s Club members. She stated that these auto sales would occur no more than two times per year for no more than three days per occurrence. She stated that as part of this event, the petitioner is proposing to construct a tent and provide food and have the area controlled by barricades and streamers. She stated that they intend to hire a 24 hour security guard and provide traffic management. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with six stipulations, which she outlined. Mayor Nee asked if Sam's met .the code on parking if they remove this number for the event. Ms. Dacy stated that about 150 parking stalls would be lost for this three day period, so they would fall below the required parking. She stated that if a problem does occur, the Council has the authority to establish a revocation hearing. Mayor Nee asked if new or used cars would be involved in this sales event. Mr. Tim Michalak, Regional Manager for Sam's Auto Buying Program, stated that there would be new and program cars available. He asked if an additional permit is needed for the tent. Ms. Dacy stated that a temporary building permit will need to be obtained to make sure the tent materials are appropriate. Mr. Michalak stated that he is not sure of the exact location of the tent, but he would choose the best location in regard to safety. He stated that the entire area would be roped off. Iie stated that there would not be as much traffic for this event as Sam's has during the Christmas rush. Councilman Billings asked if a temporary building permit needs to be issued each time the tent is erected. Ms. Dacy stated that possibly something could be worked out to have the permit for a year as long as the same tent is used. MOTION by Councilman Billings to concur with the unanimous recommendation of the Planning Commission and grant Special Use Permit Request, SP #93-08, with the following stipulations: (1) the vehicle sales will occur no more than two times per year for no more than three days per occurrence; (2) the use of streamers, pennants, and flags is prohibited; (3) the petitioner shall comply with the temporary sign ordinance for all temporary signs on the property, including staff review of the two story balloon and its location; (4) the petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code; FRIDLEY CITY COIINCIL M$ETING OF JUNE 21. 1993 PAGg 14 (5) the petitioner shall insure that handicap accessible bathrooms in the building are available; and (6) the petitioner shall provide a traffic management person to properly control traffic on site and to prevent problems occurring on 81st Avenue and the frontage road. Seconded by Councilwoman Jorgenson. MOTION by Councilman Billings to amend Stipulation No. 4 by adding the following words at the beginning of the sentence: "Privr to the erection of the tent," and to add the following stipulation: (7) that the petitioner is herewith advised that he is responsible to provide adequate parking for the customers. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Michalak stated that Sam's Auto Buying Program is inviting their members to come and enjoy a no hassle purchase. He stated that they do not tell the dealers what prices to charge. Sam's merely provides the space to bring their members and dealers together. Mr. Herrick, City Attorney, asked if the purchases were limited to members of Sam's Club. ' Mr. Michalak stated that because the automobile dealers are moving a sizeable inventory on the lot, he is not saying a non-member could not go onto the lot and purchase a vehicle. Councilman Billings asked if the City issues licenses to automobile dealers. Ms. Dacy stated that licenses are issued to used car dealers. Mr. Herrick stated that new car dealers have a state license. Ms. Dacy stated that she felt it may be appropriate for the petitioner to provide a copy of the state license for the City's file. MOTION by Councilman Billings to further amend the motion by adding the following stipulation: (8) a copy of all appropriate licenses shall be obtained prior to any given sale. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy said that if the state license is specific, a zoning signature is needed an the license so the City may have to sign anyway. Mr. Michalak stated that all the state required was a thirty day written proposal, basically telling them when they were going to have the sale, and they enclosed a copy of the invitation. FRIDLEY CITY COIINCIL MEETING OF JIINE 21. 1993 PAGE 15 MOTION by Councilwoman Jorgenson to add the following stipulation: (9) that this special use permit be reviewed by staff at the end of the first year. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of June 9, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 45-1993 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: TCAAP INTERCONNECT PIPELINE PROJECT NO. 248: Mr. Flora, Public Works Director, stated that the date for the bids to be opened should be changed from July 6 to July 13, 1993. MOTION by Councilwoman Jorgenson to adopt Resolution No. 45-1993, with the change in date for bid opening from July 6 to July 13, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 46-1993 ORDERING IMPROVEMENT, APPROVAL OF PLAN$ AND ORDERING ADVERTISEMENT FOR BIDS: 63RD AVENUE BOOSTER STATION PROJECT NO. 250: Mr. Flora, Public Works Director, stated that the date for opening bids should be changed from July 6 to July 13, 1993. MOTION by Councilwoman Jorgenson to adopt Resolution No. 46-1993, with the change in date for bid opening from July 6 to July 13, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 47-1993 AUTHORIZING THE POSTING OF "NO PARKING" SIGNS ON ONE SIDE OF ARTHUR STREET: MOTION by Councilwoman Jorgenson to adopt Resolution No. 47-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVAL OF AN AGREEMENT WITH MINNESOTA POLLUTION CONTROL AGENCY FOR COMMONS PARK PUMPING TEST: Mr. Flora, Public Works Director, stated that this agreement was received from the Minnesota Pollution Control Agency for a pumping test of the Commons Park well field. He stated that the purpose of the test is to investigate the groundwater aquifer flow FRIDLEY CITY COiJNCIL M$BTING OF JIINE 21, 1993 PAGE 16 direction. Bruce A. Leisch, the City's consultant, will be conducting the test. MOTION by Councilman Billings to authorize the Mayor and City Clerk to enter into this agreement between the Minnesota Pollution Control Agency and the City for the Commons Park pumping test. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CHANGE ORDER NO. 5, 1992 STREET IMPROVEMENT PROJECT NO. ST 1992 - 1 & 2• MOTION by Councilwoman Jorgenson to authorize Change Order No. 5 to Street Improvement Project No. ST 1992 - 1& 2 in the amount of $7,880.00 with Northwest Asphalt, Inc. to complete sodding and seeding at the new Riverview Heights Park. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried.unanimously. 11. RESOLUTION NO. 48-1993 AUTHORIZING AN EARLY RETIREMENT INCENTIVE FOR ELIGIBLE EMPLOYEES OF THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that in 1993, the State Legislature included early retirement incentives in the omnibus appropriations bill. He stated that in accordance with this law, the City can offer eligible employees an incentive of either an increase of one- fourth percent (1/4�) in the multiplier used to calculate the retirement annuity or employer-paid premium contributions to hospital, medica2 and dental insurance until age 65 or both. He stated that offering eligible employees an increase of one-fourth percent in the multiplier used to calculate the retirement annuity would not involve an expenditure of City funds. He stated that the increased pension benefit would be paid from the resources of the Public Employees Retirement Association. Mr. Burns recommended that Council provide this early retirement incentive of an increase of one-fourth percent in the multiplier used to calculate the retirement annuity to the three eligible employees who may be interested in this option. MOTION by Councilman Billings to adopt Resolution No. 48-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee dec�ared the motion carried unanimously. 12. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 13. CLAIMS: MOTION by Councilman Billings to authorize payment of Claim Nos. 49863 through 50127. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF JIINE 21, 1993 PAGE 17 14. LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. ESTIMATES• MOTION by Councilman Billings to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 200 Coon Rapids Boulevard N.W. 400 Northtown Financial Building Coon Rapids, MN 55433 Statement for Services Rendered for the Month of May, 1993 as City Attorney . . . . . . . . . . . . . . . . $ 5, 538 . 99 Innovative Irrigation 10006 University Avenue N.W. Coon Rapids, MN 55448 Corridor Maintenance Project No. 243 Estimate No. 2 . . . . . . . . . . . . . . . $ 3, 549.91 Jon Isaacson Lawn Care 19910 Dassel Lane Rogers, MN 55374 Lake Pointe Development Maintenance Project No. 244 Estimate No. 2 . . . . . . . . . . . . . . . $ 3, 283. 90 Gunderson Bros. Cement Contractors 2235 Snelling Avenue Minneapolis, MN 55404 1993 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245 Estimate No. 2 . . . . . . . . . . . . . . . $ 2, 590. 65 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. FRIDLEY CITY COiTNCIL MEETING OF JONE 21, 1993 PAGE 18 ESTIMATE FOR NEW4UIST & EKSTRUM, CHARTERED: MOTION by Councilman Billings to approve the following estimate: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered for the Month of May, 1993 as City Prosecuting Attorney. . . . . . . . . . $ 9,577.50 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVE PETITION NO. 12-1993 FOR STABILIZATION OF THE RICE CREEK STREAM BANK FROM RESIDENTS ON RICE CREEK TERRACE: Mr. Roger Kaye, 585 Rice Creek Terrace, asked if the Council had received their petition for stabilization of the Rice Creek stream bank. Mayor Nee stated that this petition was received, and he asked for a motion to receive this petition into the minutes. MOTION by Councilwoman Jorgenson to receive Petition No. 12-1993 from residents on Rice Creek Terrace regarding the Rice Creek stream bank stabilization project. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVE LETTER FROM DIANE AND WADE SAVAGE REGARDING THE STREAM BANK STABILIZATION PROJECT: MOTION by Councilman Billings to receive a letter from Wade and Diane Savage indicating they would like to be included in the Rice Creek stream bank stabilization project. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Billings 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 June 21, 1993 adjourned at 9:55 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � _ C�OF FRIDLEY� MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612j 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager �� Memo to: William W. Burns, City Manaqer � From: William C. Hunt, Assistant to the City Manaqer �/,y��/ Staff to Charter Commission �� Subject: Public Hearinq on Amendments to Fridley Charter Chapter 2 and Section 4.04 Date: July 1, 1993 At the May 24, 1993 meeting of the Fridley Home Rule Charter- Commission the attached amendments to Chapter 2 and Section 4.04 of the Fridley City Charter were approved by the Charter Commission and recommended to the City Council. On June 7, 1993 the Fridley City Council set a public hearing for these amendments to take place on July 6, 1993. Notice of the public hearing was published on June 22, 1993 and on June 29, 1993. Accordingly, it would be in order for the Fridley City Council to consider these amendments at a public hearing at their meeting of July 6, 1993. WCH/jb _ ORDINANCE NO. AN ORDINANCE AMENDIN(3 CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: - That the following sections oi the Fridley City Charter be amended as follows: CHAPTER 2 ��.�.� T� CITY COUNCIL ORGANIZATION Section 2.01 COUNCIL-MANAGER PLAN IMPLEMENTATION 1. The form of government established by this Charter shall be known as the "Council-Manager Plan:-" pursuant to Minnesota Statutes. COMMENT: CLARIFIES THE SOIIRCE OF THE ��COIINCIL-MANAGER PLAN.�� 2. Al1 discretionary powers of the City, both legislative and executive, shall vest in and be exercised by the City Council. It shall have complete control over the City administration, but shall exercise this control exclusively through the City Manager and shall not itself attempt to perform any administrative �l� duties. Vv�TiV~• �1 . A�l D/1Tll�ll� 3. The Council shall i��rp�, ��' �'��" perform the duties and exercise the powers of all �eea-� Citv boards and commissions except as �� otherwise provided by statute or by this charter. It may�re�e�e�; by ordinance create commissions with advisory powers to investigate any subject of interest to the municipality. 4. The Council shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books, papers and other a=��::�::��-- ..,. � j evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem affecting the City or its inhabitants. Each such investigation shall be authorized by resolution of the Council. COMMENT: MOVED FROM PRESENT SECTION 2.08.01. EXPANDS THE ABILITY OF THE COIINCIL TO REQIIIRE PRODUCTION OF NONDOCUMENTARY EVIDENCE. 1A � 5. Any member of the Council may request in writing any specific information relating to any department via the City Manager. The City Manager shall respond in writing within a reasonable period of time. (Ref. Ord. 592j COMMENT: MOVED FROM PREBENT SECTION 2.08.02. 6. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative services solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. COMMENT: MOVED FROM PRESENT SECTION 2.09 Section 2.93-02. ELECTIVE OFFICERS l. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters. 2. The Mayor shall be elected at large €� in each United States presidential election year to a�e�-ei -�reP--"-�-�P-=�4 .-. 1 -----. �E�srt t}ic fa..a�9��e�'-�6-�E--�-E��@'�a--'�r`r�r' �� =9t""riuTi-�n2-i�r-u �Ei�-A �W6-{��-jfi�3�r5--cv�[t@ii�i�' 113 �-*�`CG �,=," l-9�'' .; ,., a � o � i j #9��--�P3�'_�3'E�'�'� a-L_ "-"_____ _� _ �t..�. .�ro=== ..r ^ ^ (y'F' P f�- �' A - i - r- --- - -- i�e�--s'� ��'��e-�-�ee�e�-€��-a term of four ( 4) years . �3. One (i) Councilmember shall be elected at large in each United States presidential election year to €e�-�-�e-�n e� '�'�_ _- "` - .-. �ea�s-e�c p}�--t-l�a�-t�e-€-�s�-s�-n-��re%�nte� . � -!;�--�d�9-�E1it33 tl-i-ii�--6-�-�@-l�t--&�t�-S s. .. � � i., ,.. _ : a ........, a � .. �e-�e�r-; ^--r^�?-�a��e�-e'�e��+ €et�''-� ^` t-i�e�ea-�� : �''_== r =_ - --- �-ee�ee�-�e-t-�re-e-€€re�e-e��rl�ae� �� -�rg �-� �'_�-_ - e-�ee�ee�--€ei= a term of four (4} years. 3-4. Three (3j Councilmembers shall be elected €e�-��s a` �� in each Minnesota uubernatorial election year from three (3j separate Wards of The City; �s -'��::�`��a � e�e�t; e-�ee}�-�-�n ��-�e--f-��s��e�e��tte� er-� �_--°,:-��e�--P€e-i Tiir��-ti'"--r''r'r3 "�ruT�r-9�.... �rrari�v ��1G-��@Hiie-3.�itiE3i�c=--iiu��3.�T� 9�--�- � . . n c n mL. n r i w� 9 o L. -. l l�. 3-rsv . rrre-� __�-l�tteii�ei�--�iaeiR--nu-1� . "�--�'�e�=ariurrs�c e-�-e�e�2e�—;; ,---T�^�' ; -?nG�t—f-e it—�e�S 9-�-t-�ii�E . �e�re�teilig �"� -w`-"-' ---"-'- -- - `_^_''`' --- -#�ie�-�3f�e�. -1 i - �re-ge�9e�s �l��te�el-�e-e�f�ees^e`�.�l�e��€e��-�i� �e�erl�te�t�e�-€e�-i�i�d-3 �-��e-e-�-ee�ec�--€e�� to terms of four (4j years each, �e�-€e�:�-�-��-��ea�� , m ��l�te��€e-�.:��?--s�ra-��-�Se-e-�-ee�-e�--�er.. � ........ _ � � COMMENTS: SECTIONS 2.03.04 AND 2.03.05 MOVED TO NEW SECTION 2.04. 6:5. The term of Mayor and of each Councilmember shall begin on the first e€€-��i�l�}rs�ess day �- y�- --_-'-'- of January following their election to office and shall end on December 31 of the last year of the term. The incumbent mav remain in office until �e�r a successor has been duly e-�ee�-�na�9 qualified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. COMMENT: CHANGES THE TIMES WHEN TERMS BEGIN AND END. 6. The Council shall be the judge of the election of its members. COMMENT: SECTIONS 2.03.07 AND 2.03.08 MOVED TO NEW SECTION 2.04. SECTION 2.04 MOVED TO NEW SECTION 2.05. SECTION 2.05 MOVED TO NEW SECTION 2.06. Section 2.8603 THE MAYOR 1. The Mayor shall be the presiding officer of the Council, except that a L��_-' _°`_ ma or pro tem shall be chosen from the remainin�g Councilmembers to `�'a -°`��- serve at.the pleasure of the Council, who shall act as Mayor in case of the Mayor's temporary disability or absence from the City. COMMENT: CORRECTS THE TITLE OF THE MAYOR PRO TEM AND SPECIFIES TRAT T$E APPOINTMENT IS ONLY FOR THE TEMPORARY ABSENCE OR DISABILITY OF THE MAYOR. 2. The Mayor shall vote as a member of the Council. 3. The Mayor shall exercise all powers and perform all duties conferred and imposed by this Charter, the ordinances of the City and the laws of the State. 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. COMMENT: TAE FOLLOWING SENTEN�E IN 2.06 MOVED TO NEW 2.01.07. 5. At the direction ot the Council �the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. 6. In time of public danger or emergency the Mayor may, --�� '-�- �e��'-s ��n�� take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. 1C COMMENT: REVISED TO ALLOW MAYOR TO TARE CONTROL IN TIME OF EMERGENCY WITHOUT FIRST HAVING TO SEER COUNCIL APPROVAL. Section 2.04 WARD COUNCILMEMBERS 1. The City is divided into three (3) separate election Wards desianated as `-'�: Ward 1, Ward 2, and Ward 3. �a-��$tTe�rirC4P }—r.rr_—r� � e�rrc-y��o=�rS---�iv __��T=�tl1 ��e'�GZr'o'iI a : ....L..� t ..L �t... n RZ.�.'LTl' • . "f'�—�'�3��—P�9—�3�9±1,'i�ri �a� �i8--�1-��=�iR�33ai'33ii�--�-�.�-9a ...� ,�i.. � 19�'"..TrE�--�'�9r� . COMMENT: REVISED FROM PRESLNT SECTION 2.03.04 2. �re A Ward Councilmember ��e��ee�-Tre�t-�� must be a resident of such ward_ _~�e�s-i��e-�S�-L��s=�-~�- '-'��` 9�-��i9 e-t"�-'FF��[ii2'� ' i'�°. a_� -- F t--- _ o n_ � iaar� 1 m ramhEa = r�,..... __.,.i.. j- - -- - - - - -- i �?�±--e� �f�'r� ..w .. , , _ e�-e�i 9 �1��„ �........ : , we� �� . If the Ward Councilmember ceases to be a resident of the wardJ, then that office shall be declared vacant. However, a change in ward boundaries during the term of office shall not disctualify the Councilmember from completing the term. COMMENT: REVISED FROM PRESENT SECTION 2.03.05. 3. The boundaries of the three (3) wards shall be redetermined from time to time by ordinances duly adopted by the Council, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than three percent (3%) from the average of the three (3) wards. COMMENT: MOVED FROM PRESENT SECTION 2.03.07 4. After each decennial census of the United States, the Council shall redetermine ward boundaries. This redetermination of ward boundaries shall be accomplished within the deadlines established by Minnesota law. If no deadlines are established bv law, then redistrictinct must be completed no less than one hundred (100) days prior to the legally determined date of the municipal primary of the year ending in the digit two (2); a� i c } i. r+ rG 1�9''riur��c?i�-�—+' ,a .� _ � y. _ .. a. � i,. .. i y vi�:'.:� � k�g—€ 63Q-�'t�.., a .., i. :, �'@—iJr�l�9 6 . If further redistricting is necessary as determined by the Council, the adoption of the � new boundaries shall be prohibited during the time period from ninety (90) days before a primarv election up to and including the dav of the general election in the same year. Anv prohibitions stated in the Minnesota state statutes pertaining to the adot�tion of the new boundaries shall also apply. COMMENT: MOVED FROM PRESENT SECTION 2.03.08 Section 2.9�4 05. DISQUALIFICATION FOR APPOINTIVE OFFICE No incumbent member of the Council shall be appointed acting or permanent City Manager, nor shall any member hold any other paid municipal office or employment under the City; and ��??�-�-e�re—{�-} ��—��e�-�-�e-e��e�-e�--t-�e-��::�-"�e�-e � ,,.... � � : , ,� ,�,� � w no former member shall be appointed to any paid office or employment under the City until one (1) year after leaving office. COMMENT: THI3 CLARIFIES THE DISQOALIFICATIONS OF CITY COIINCILMEMBERS FROM BEING EMPLOYED BY THE CITY. Section 2.�506 VACANCIES IN THE COUNCIL 1. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony, of.any such person whether before or after their qualification, or by reason of the failure of any councilmember without good cause to perform any of the duties of inembership in the Council for a period of three (3) months. In each such case, the Council shall by resolution declare s�re�3 a vacancy to exist_ a� 9��'�T�--�Tt-�-. (Ref. Ord. ) 2. If a vacancy is declared to occur in the fourth year of the term of office in uuestion , but before filings for the office in question are closed, the Council shall call a special election to be held not less than -�e='�-1-�-.F-�-�= �-�-n-�; thirty (30) days nor more than sixty (60) days from the time such vacancy is declared. The Council shall designate a period of eight �8) to twelve L12) consecutive working days for the purpose of filing nomination _petitions in accordance with Section 4.06. (Ref. Ord. ) . 3. In the case of a special election to fill the vacancy, �i�e • . the procedure provided in Section 4.03, Primary Elections, and Section 4.04, Special Elections, shall be followed except for the scheduling of election dates, which must be within the time frame specified here. The winner ot said election shall be qualified and take office immediately upon certification 1E by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. ) z�-.- @--��?e--iiiEi�9E�9�i3"}�-6��iE--E6�lii"'�zz— i=Ti-2a�i��c�'—'�9 i i ��te�s-�e�re�}�e i�—ae�-�re-� ��ne�P� � �e L` - �63�iite3i'�-9i 'rexiz=s�E—?9 r••' ' .. � T C J.. b. .. � L 1 11. � � _ �?�—=a�a�e��e—€e�--e�-r€€e��-re��ks�� L��'8'�'�'��. ,.. J- : 1 l L� � �A'-GTI�+ .C% � �GQ' .�7P1 C.Tl GTS.. ... L ...�L ... .. L 7i T.0 L i.L. LL.w �w...�..: l .T—�-t�ie-�e�tts-��acaT�-�-i�e--e€-�l�e s�a�te�-�e�g � , 5�-�-�i@69E-�9"¢-�-9� ufl_--t- -----°- .' L.. r_� � �,... _-;�-14#�1iPta-.4 - '-j —.[ ^L r--__--_—__ • � • � • 4. If the vacancy is declared to occur in the fourth year of the term of office after filings for the office in question are closed, but before October 1, the Council shall aupoint [within thirty �30) davs of the vacancy declaration] by majority vote a qualified citizen, who has not filed for anv municipal office in the general election in question. The appointee shall assume the office immediately and complete the unexpired term. (Ref. Ord. ) 5. If the vacancy is declared to occur on or after October 1 of declare a vacancy and order a special election as provided for in Sections 2.06.02 and 2.06.03 above. The person so elected shall serve out any of the remainder of the unexpired term as we1Z as the full four vear term. (Ref. Ord. ) 6. If the Mayor's position is declared vacant, the Councilmember- at-Large shall serve as MaYor until the vacancy is filled. (Ref. Ord. ) 7. If at any time the membership of the Council is reduced to less than three j3) members, the City Manager shall order a special election after the manner provided in Sections 2.06.02, and 2.06.03 above to brinq the membership of the council up to five (5). (Ref. Special Election 3/25/75, Ord. 776, Ord. 857, Ord. ) 8. If the position of City Manager is vacant, the City Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judge of District Court :of the State of Minnesota within whose iurisdiction the corporate offices of the Citv of Fridley lie shall order such an election. (Ref. Ord. ) 1F Section 2.07 SALARIES AND EXPENSES The Mayor and each Councilmember shall receive reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November 1st of the year preceding payment of the same. '�=�-� ��z , rs�r�}�-9�.-rre�e i�e-�te�r-s�-res-a�re�-�e�e�rs�e�s-�r9-: --� �e�e Na�eel-��e-��e�el-Ee��n -�-e�-�r� `� -'�=a� P�g �= _a' =�' _ When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. The City Manager and all subordinate officers and employees of the CIty shall receive such reasonable compensation as may be fixed by the Council. COMMENT: SECTION 2.08 MOVED TO NEW SECTIONS 2.01.04 AND Z.O1.05. COMMENT: 3ECTION 2.09 MOVED TO NEW SECTION 2.01.06 CHAPTER 4 NOMINATIONS AND ELECTIONS Section 4.04 SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. Special elections for vacancies in the City Council shall be held in accordance with the provisions of Section 2.06. (Ref. Ord. ) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1992. WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - ACTING CITY CLERK 1G � I _ � DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley July 1, 1993 William Burns, City Manager t��• � Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Public Hearing for a Vacation Request, SAV #93- 02, by Anderson Trucking; 7699 Central Avenue N.E. The Planning Commission conducted an informal hearing regarding the vacation request by Anderson Trucking, to vacate all drainage and utility easements located in the original Anderson Development plat. The City Council established July 6, 1993 as the date of the public hearing. Staff recommends that the City Council conduct An ordinance vacating the easements will appear -:for the first reading. MM/dn M-93-363 the public hearing. later in the agenda '� S TAFF REP O RT Community Development Department � Appeals Commission Date Planning Commission Date : May 12, 1993 City Council Date� June 7, 1993 � Ju�� 6 1993 REQUEST Permit Number Applicant Proposed Request Location SITE DATA I Size ' Density Present Zoning Present Land Use(s) Adjacent Zoning (Adjacent Land Use(s) Utilities I Park Dedication I Watershed District ANALYSIS f Financial Implications Conformance to the Comprehensive P1an �Compatibility with Adjacent Zoning and Uses Environmental �' Considerations RECONIlVIENDATION Staff Appeals Commission Planning Commission Author MM/dn SAV 4�93-02 Anderson Trucking Services To vacate all drainage and utility easements locaCed in Anderson Development plat. Central Avenue/Osborne Road ]l acres M-1, Light Industrial Predominantly vacant; trucking terminal M-1, Light Industrial to the South; C-2, General Busineas to the West; C-1, Local Business and R=2, Single Family to the West. Commercial, industrial, residential Rice Creek Approval Approval �r i's� i�.l.,.,v r ,;c� / r. -..n+..�... � ,ro � ' � SAV �f y:i-U'L Anderson Trucking Serv. N//2 SEC. /2, T. 30, R. 2� n C/TY OF FR/OLEY 2 I i 12 �� ir�au i ' � I 24 �� 13 2B L OCATION MAP ■ � SAV �693-02 Anderson Trucking Serv. � � ZONiNG fUTAP Staff Report SAV #93-02, Anderson Trucking Services Page 2 Request The petitioner requests that all easements located on the Anderson Development plat of 1969 be vacated. The Fridley City Council recently approved a replat of the Anderson Development plat. Site The property is predominantly vacant; however, there is a small trucking terminal located on the property. The property is zoned M-1, Light Industrial. There is additional M-1 zoning to the south, C-2, General Business zoning to the west, and C-1, Local Business and R-1, Single Family Dwelling zoning to the east. Analysis The new plat configuration does not follow the original plat of 1969. The easements dedicated in 1969 along the original lot lines of the Anderson Development plat are no longer required. New easements that are necessary have been rededicated on the Anderson Development replat. There are no utilities located within the easements; therefore, there is no adverse impact in vacating these easements. Recommendation Staff recommends that the Planning Commission recommend approval of the vacation request to the City Council. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. �� F� es . . �_. . �• ' yA u - �� V E a`' a t N� � �� e +< wi a ;_ . � � � �a � Z� W e =� 6 � ci o w � � W � � j,r � W � � � O � �c �s =� � '3 == N_ c i .. � �:, : `e = tc i z e '� . n. = a � i � � ` i W < � F - o Y e � N= - eK � _ _ + ., e .. 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FRIDLEY, MN 55432 � ,,' � (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VACATION A.PPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 7699 Central Avenue NE Property Identification Number (PIN) Rl2 30 24 21 0010 Thru 0013 Lega1 description: Lots 1-5 Block 1 TracdAddition �derson Develo�xnent Legal description of easement to be vacated: Vacate all drainage and utility easements located in Anderson Developsnent Plat Current zoning: I�1 Squaze footage/acreage 11.02 +/- Reason for vacation: To revise lots with 2 less lots 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 FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME �derson Trucking Service, Inc. ADDRES.S 203 Cooper Avenue North, St. Cloud, MN 56302-1377 DAYT�ME PHONE (612)255-7400 SIGNATURE ` DATE ��' � I --� � PETITIONER INFORMATION NAME Anderson Trucking Service, Inc. ADDRESS_ 203 Cooner Averiue North, St. Cloud, MIV 56302-1377 DAYTIME PHONE (612)255-7400 SIGNATURE DATE ��31 -�� Fee: $150.00 Permit SAV # �?��(`i'Y Application received by: Scheduled Planning Conunission date: Scheduled City Council date: Receipt # � �� 2G �-- � _ � . Community Development Department PI.ANIVING DIVISION City of Fridley DATE: July 1, 1993 �� TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Approving Vacation Request, SAV #90-02, by the City of Fridley, Generally Located North of Lafayette Street and South of Mississippi Boulevard This item was placed on the agenda at the request of the City Council. The City Council conducted a public hearing at its May 3,� 1993 meeting regarding the vacation of.Broad Avenue north of Lafayette Street and south of the Fridley/Coon Rapids border. The Planning Commission recommended to the City Council that Broad Avenue be vacated and combined with the adjacent lot to create a buildable parcel. At the public hearing, a suggestion was made to reserve an access easement over the southwest corner of the property to avoid conveyance of a portion of the parcel to the Wetterlinds. The easement would give the Wetterlinds a 30 foot wide area to access their property. At its June 7, 1993 meeting, the City Council tabled the first reading of the ordinance to July 19, 1993 at the request of the Wetterlinds. Staff is meeting with the Wetterlinds, their attorney, and Coon Rapids planning staff on Friday, July 2, 1993. A verbal update will be given at the meeting. MM/dn M-93-385 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDI% C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. 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. All lying in the North Half of Section 3, T-30, R- 24, City of Fridley, Cvunty of'Anoka, Minnesota. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so a�ended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: May 3, 1993 First Reading: Second Reading: Publication: 3A ° �U � N 1.� � , 5 _� C � 3 � � �' .� U •y � N �J . �.� N � � � �� ' � o� � � Nc . PE � � , � , �' ��CE -��; --�- - 5•� P 2� � � 8' 15'��C g � _ 3» U Xn- � z d... cfl W LL � ` � � �: � � x.� �- z �- r- � 2 � - z Qx _ _ U - SAV ��90- Clty Qfi � � O O � � _ 'i. �5 2 , X ,9'-1�" � 6 P - 54. ,�� G x 52- �Z M U � � � � , i , � -�_� , I !�' �, .\ �M-� . :� � C � �� _� � . J '/ 104°58'15" C 105D18'S5" M N � SAV #90-02 LOT 26, BL�CK C �ity of Fridley RIVERVlEIN HEIGHTS . � MISSISS�PP1 BLVD. � . � —� � �i �� I � I I I � I , I2� j S I R Ap�D � � + OF CapN " � I � C��Y � �p 50' p c1� �F FR��EY � � 1sti � vy � 21 _�, R,vER G�N�S X NE LEGEND ( - � I�� ` x'� f 26 �' � DENOTES FOUND IRON PIPE i ��'� , 2� /_� ��.j � 5 : ,MOE �" •-,o• ., � �� -c-r� rj� T� � �- .� �i.6 P F A�(E � � � P � �• .� 1.-P � � � . _ � � � - . �O WANiNiK FENCE � . x . � � � � . . . r - _ _ _ -\ . � . . I �� \Q e W � � �5 22 - Q ,t � �� 4 � , r—�--------- '� 35 �� O , I , ��_ ( 23 � m �1 . � CITY OF COON RAPIDS ' r l 1 CITY OF RIDLEY 50' � , N ,1 S �o � 3 � � o M p S 0 R�v ` E V�I 3 s� 34 �3 � '� -c � R � V E 1 N-� 5 sa � ��-- �, . H E �,G so �� oI � 1 . � �� -�R�� " � 1Me A�`� - � �-- � �, K �- O_ / / 3C � _ C��F FRIDLEY MEMO TO: MEMORANDUM Municipal Ce�ter 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-12$7 WILLIAM W. BIIRNB, CITY MANAGER /� �. � William C. Hunt Assistant W the City Manager FROM: WILLIAM C. HUNT, ASSISTANT TO THE CITY MANAGER BTAFF TO CHARTER COMMISSION SIIBJECT: DATE: � � I FIRST READING OF AMENDMENTS TO CBAPTER 3 OF T$E FRIDLEY CITY CHARTER JIINE 30, 1993 At the June 7, 1993 meeting of the Fridley City Council a public hearing was held on amendments to Chapter 3 of.the Fridley City Charter which have been proposed by the Fridley Home Rule Charter Commission. The next step it to submit the amendments for approval by ordinance. Minnesota Statutes, Chapter 410.12, Subd. 7. Ameadmeat by ordinance. begins as follows: "Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council bv an affirmative vote of all its members after a public hearing upon two weeks' published notice containing the text, of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances." (Emphasis added.) The question arises as to the sufficiency of a unanimous vote of the Gouncil when less than five members are present. I consulted with John W. Terpstra, Attorney for the Fridley Charter Commission. It is his opinion that the statute requires the affirmative vote of all £ive members of the Council since there are no vacancies. If that is the case, even the unanimous vote of less than five members present would not suffice to pass the amendment by ordinance. It is his opinion that if less than five members of the Council are present for a meeting at which a reading of the ordinance is proposed the safest course is to table consideration until all five members are present. of course, if any Councilmember was firmly opposed to the charter amendment and the Council was willing to vote, the amendment could be deieated. The only restriction is that the amendment cannot be approved by a unanimous vote when less than all of the incumbents are present to vote. Subject to these considerations, I request that you present these amendments to the Fridley City Council for a first reading of the amending ordinance at their meeting of July 6, 1993. Cc: Gordon Backlund, Chairman, Fridley Charter Commission John W. Terpstra, Attorney for the Fridley Charter Cammission ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 3 PROCEDURE OF COUNCIL Section 3.01. COUNCIL MEETINGS. :�:�:: ... ... ......�...--..,. -.......�.-....-.�...,,.�.,... ..- .-.,..�.,.-.....:.- w,..+v...-.•.....•�: -......v.x: :avan: -.: �vwx•a�w:v.v..-es.�w>nsxvr • �::wst.�•>:.�r. the newly elec ed inembers o� t e Council shal�. assume lieir duties. Thereafter the Council shall meet at such times as may be prescribed by resolution, except that they shall meet at a fixed time not less than once eaeh month. �:� The Mayor or ��:��;o��:�� of the Cauncil may call special meetings of the Council upori at least twelve (12) hours' notice to each member of the Council. Such notice shall be delivered personally to each member or be left at the member's usual.place of residence with a person of suitable age and discretion then residing therein, or written notice thereof shall be left in a conspicuous place at the residence if no such person be found there. The presence of any member of the Council at a special meeting shall constitute a waiver of any formal notice unless the member appears for the special purpose of objecting to the holding of such meeting. The Council may provide by ordinance�a means by which a minority may compel the attendance of absent members. 3. All meetings of the Council shall be public and any person shall have access to the minutes and records thereof at all reasonable times. The Mayor and each Councilmember shall have one (1) vote. (Ref. Special Election 4/12/60, Ord. 857) Section 3.02. SECRETARY OF COUNCIL. The Council shall choose a Secretary a��-9-�r��-a�e�-e-f-€t�� to serve at its meetings. The Secretary shall �eep ��:i�.�y�:�:� the j ournal of minutes of proceedings and such other recordss��and perform such other duties as may be required by this Charter or by vote of the Council. The Council may 5A designate any official or employee of the City, except the City Manager or a member of the Council, to act as Secretary of the Council. Section 3.03. RULES OF PROCEDURE AND QUORUM. The Council shall determine its own rules and order of business and shall keep a journal of its proceedings. A majority of a� the i��:� Councilmembers shall constitute a quorum to do business,- ��ies�� ta�-ae��-etr'� �� - _ � _ �. � . Section 3.04. ORDINANCES, RESOLUTIONS AND MOTIONS. Except as otherwise provided in this Charter, all legislation shall be by ordinance. Every ordinance and resalution shall be presented in writing and read in full at a Council meeting. All administrative business may be transacted by ordinary motion. Upon the vote on ordinances, motions, and resolutions the ayes and noes shall be recorded unless the vote is declared unanimous. A majority vote of all of the members of the Council shall be required for the passage of all ordinances, motions, and resolutions except as otherwise provided in this Charter. Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause of all ordinances passed by the Council shall be in the words, "The City of Fridley does ordain." Every ordinance other than emergency ordinances shall have two (2) public readings in full, and at least seven (7) days shall elapse between the first reading and the second reading. All legislation prescribing a penalty for violation thereof shall be enacted in the form of ordinances. Section 3.06. EMERGENCY ORDINANCES. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a vote of a majority of the Council, as recorded by ayes and noes. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the City Clerk and posted in three (3) conspicuous places in the City and twenty-four (24) hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the person(s), firm or corporation charged with violation thereof shall have had actual notice of the passage thereof prior to the act or omission complained of. No grant of any franchise shall ever be made by an emergency ordinance. Section 3.07. SIGNING, PUBLICATION AND RETENTION OF ORDINANCES, RESOLUTIONS AND MOTIONS. 1. Every ordinance passed by the Council shall be signed by the Mayor, or by �::;<:;;;��;�;t�� of the � Council, and attested by the City Clerk, published and recorded. 2. Every ordinance shall be published at least once in the official newspaper of the City. If the publication of the title and a summary description of an ordinance clearly informs of its intents and effect, the Council may by €e�-{-4} _�� y.. .. � s..�,�ezes-a�-i-�s-��.-� �::::::<�i�::��:��<`>;:?�'qi�:?� d irect the : : : : ;:.; � :.: : : : : : . . . . . . . . . . . . . . . . . . . . . . . . . . . >: : : : :. City Manager to publish only the title of the ordinance together with a summary, with an added notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and at any other location designated by the Council. Prior to the publication of the title and summary, the Council shall approve a text of the summary that clearly informs the public of the intent and effect of the ordinance. The publishing of the title and summary shall be deemed to fulfill all legal requirements as if the entire ordinance had been published. 3. Every ordinance shall be recorded in its entirety by the City Clerk in a book kept for that purpose, within twenty F20) days after publication of the ordinance or of its title and. summary. Proof of the publication shall be attached to and filed with the ordinance. 4. Al1 resolutions and motions duly passed at each meeting of the Council may, at the discretion of the Council, be published in full or in part in the official newspaper of the City. In the case of partial publication, it shall be indicated in what respect they are incomplete. 5. Any administrative rule or regulation of any department of the State of Minnesota affecting the City or any statute of the State of Minnesota, or any published code, specifications or regulations prepared by an organization. for general circulation and use may be adopted and incorporated in an ordinance by reference thereto and by marking the three (3) copies thereof as "official copies" and filing them for reference and inspection in the office of the City Clerk. The publication requirements of this Charter shall be as fully satisfied in such cases by this method as if the material had been set forth in the ordinance in full. (Ref. Ord. 767, Ord. �so) Section 3.08. WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT. Emergency ordinances, except as provided in Section 3.06 of this Chapter, and ordinances making the annual tax levy, disbursing money, determining the annual budget and providing for local improvements and assessments, shall take effect immediately upon their passage. Al1 other ordinances enacted by the Council shall take effect fifteen (15) days after the date of their publication, �� unless a later effective date is fixed therein. All resolutions shall take effect upon their passage. - Section 3.09. AMENDMENT AND REPEAL OF ORDINANCES. No ordinance or section thereof shall be amended or repealed except by ordinance. Every repealing ordinance shall refer to the ordinance repealed by title, date of passage and section nwaber or numbers. No ordinance or section thereof shall be amended by reference to its title alone, but such amending ordinance shall set forth in full each section or subsection as amended; proqided, however, that this requirement shall not apply to amendments to zoning ordinances. Section 3.10. REVISION AND CODIFICATION OF ORDINANCES. The ordinances of the City shall,-�-rt-i�i�t-�e�-{Z,'�y4ea�s-€�e�ke �_��e�r-e€��9 ��--�a at intervals t�i�e�€�e��f not more than five (5) years, be revised, rearranged and codified with such additions and deletions as may be deemed necessary by the Council. Such codification shall be published �rseel-�e�es�-�ea€-€e�n and copies thereof made available by the Council at the office of the City Clerk for general distribution to the public at a reasonable charge. Such publication shall be a sufficient publication of all the ordinances contained therein. ��e�*-�eal��:::;„��: shall contain a printed certificate of the ... �.,�� :::...:...: ... Mayor, attested'to by the City Clerk, that the publication is correct and •---'� '�--'- #��`��3�r so published shall be received in i 4 :: } i : i : ri •: 4ti i i % • : r : i : : : ' . . : r . . : : • evidence in all courts for the purpose of providing the ordinances therein contained, the same as though the original ordinances were produced in court. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 5D . _ � DATE: TO: FROM: Community Development Department PLANNING DIVISION City of Fridley July 1, 1993 �, William Burns, City Manager �� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: First Reading of Vacation Request, Trucking Service, N.E. an Ordinance Approving a SAV #93-02, by Anderson Inc.; 7699 Central Avenue The public hearing regarding vacation request, SAV #93-02, to vacate drainage and utility easements located in the Anderson Development plat is scheduled earlier in this agenda. The original Anderson Development plat was originally approved .in 1961. The City Council recently approved a replat for the same property with new easements. The original easements were never utilized and are no longer necessary. Staff recommends that the City Council approve the first reading of the attached ordinance vacating the drainage and utility easements. , MM/dn M-93-377 ORDINANCE NO. AN ORDINANCB IINDER SECTION 12.07 OF T8L CITY C$ARTER TO VACATE STRBBTS AND ALLEYS AND TO AMEND APPENDIB C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate drainage and utility easements described as follows: A. The South 15 feet of Lot 1, Block 2, except the East 20 feet thereof. B. The South 15 feet of Lot 2, Block 1. C. The South 15 feet of Lot 3, Block 1, except the West 15 feet thereof. D. The North 10 feet of Lot 4, Block l, except the East 30 feet thereof. E. That part of the West 6 feet of Lot 4, Block 1, lying north of a line 450 feet south of, as measured at right angles to, the North line of said Block 1. F. That part of the East 6 feet of Lot 5, Block l, adjacent to and west of Lot 4, said Block 1, lying north of a line 450 feet south of, as measured at right angles to, the North line of said Block 1. G. The North 10 feet of that part of Lot 5, Block 1, adjacent to and south of Lots 1, 2, and 3, said Block 1. H. That part of the East 10 feet of the West 25 feet of Lot 5, Block 1, lying north of a line 450 feet south of, as measured at right angles to, the North line of said Block 1. � This property is generally located at 7699 Central Avenue N.E. All lying within the plat of Anderson Development located in the North Half of Section 12, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. • � Page 2 - Ordinance No. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF __ , 1993. ATTEST: WILLIAM A. CHAMPA, CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: July 6, 1993 First Reading: Second Reading: Publ.ication: . • . r � � � Community Development Department PLArnvnvG D�SION City of Fridley DATE: June 30, 1993 TO: William Burns, City Manager 1��• � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SIIBJECT: Variance Request, VAR #93-12, by Peter Vagovich, 6600 Brookview Drive N.E. On June 22, 1993, the Appeals Commission voted unanimously to recommend denial of the variance reguest to reduce the side yard setback from 5 feet to 3 feet to allow the construction of a detached accessory structure. Staff recommends Commission action. MM:ls M-93-365 that the City Council concur with the Appeals � S TAFF REP 0 RT � Community Development Department Appeals Commission Date : June 22, 1993 Planning Commission Date City Council Date July 6, 1993 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 Zoning and Uses Environmental Conside�ations ! RECOMMENDATION Staff Appeals Commission Planning Commission Author -�/dn VAR #93-12 Peter Vagovich To reduce the side:yard setback from 5 feet to 3 feet 6600 Brookview Drive N.E. 21,500 square feet R-1, Single Family Dwelling Residential R-1, Single Family Dwelling on all sides Residential Rice Creek Denial Denial 4 23 � 1 : VAR 4�93-12 Peter Vagovich N �/2 SEC. /3, n C/TY OF FR/L' � �3 �� s ,.. ,� �� , � � M 6 24 I 5 LOCATION MAP Y Z � � t- 1 I VAR 4�93-12 Peter Vagovich. 7C ZONING MAP Staff Report VAR #93-12, Peter Vagovich Page 1 A. STATED HARDSHIF: "Side yard setback encroachment. Garage is too small." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner requests that a variance be granted to reduce the side yard setback for a detached accessory structure from 5 feet to 3 feet. The request is for Lot 6, Block 2, Brookview Second Addition, the same being 6600 Brookview Drive N.E. Site Located on the property is a single family dwelling unit with an attached two car garage. The property is zoned R-1, Single Family Dwelling, as are all surrounding parcels. The Michael Servetus Unitarian Church is located west of the subject parcel. Analysis Section 205.04.05.8.(2) requires that all accessory buildings and structures shall not be any closer than five feet to any lot line. Public purpose served by this requirement is to provide space between individual structures to reduce the possibility of fire, to provide access to the re�r yard for emergencies, and to limit the condition of crowding in the residential neighborhood. The petitioner began construction of a 12' x 30' (360 square foot) detached accessory structure without a building permit. The petitioner is also processing a special use permit to allow a second accessory structure over 240 square feet. The petitioner has located the detached accessory structure on a concrete slab located adjacent to the existing two car garage. The structure is located three feet from the lot line. Because the accessory structure is located in the side yard, a setback of 5 feet must be maintained. If the petitioner were to relocate the accessory structure to the rear yard, he would be permitted by code to locate the structure 3 feet from the side lot line. There is adequate room in the rear yard in which to relocate the accessory structure. The code does permit expansion of an existing single car garage to within 3 feet of the lot line if the adjacent dwelling unit is 10 feet from the side lot line. The dwelling unit located south 7D Staff Report VAR #93-12, Peter Vagovich Page 2 of the subject parcel is less than 10 feet to the side lot line. Staff recommends that the variance be denied as there is adequate room on site to relocate the structure to comply with the ordinance requirements. The proposed accessory structure does not adversely impact the lot coverage of the property; however, there are several building code requirements which need to.be met in order to allow construction to bontinue. 1. The building code requires one hour fire walls on the north and south side of the structure to its foundation. Because the structure is on a slab rather than a foundation, it is not certain whether the fire wall requirement can be met. 2. The roof trusses are not designed to provide storage in the upper level of the structure. The petitioner indicated that this area may be used for storage or to be used as a playhouse for his son. 3. The accessory structure needs to be permanently anchored to the slab on which it sits. Anchoring the structure to the slab will be difficult in its present location. The petitioner will need to remove the existing slab to provide appropriate anchoring systems. Recommendation Staff recommends that the Appeals Commission recommend denial of the variance request to the City Council. The petitioner has adequate room on the property to comply with the ordinance requirements. If approved, a variance would be the most extreme variance granted for this type of request. If the Appeals Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulation: 1. Construction of the accessory structure shall comply with the Uniform Building and Fire codes. � APPEALS COMMI5SION ACTION The Appeals Commission voted unanimously to recommend denial of the request to the City Council. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council coneur with the Appeals Commission action. 7E Peter Vagovich VAR ��93-12 .�11 t t'LAN CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 '�� (6i2) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIAN�E APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: �� /J/��OU�U%/�l.l� �✓i��/-_ ' �i�l,/�L/�1' Property Identification Number (PIN) �3 , 3d a? y�� d�,� � Legal description: Lot _ Block �. TracdAddition��GYJi�U/l'=w �/'�'��/,%/�%� Current zoning: f�/ Square footagelacreage ��, �g� �.5'� /=_,�", Reason for variance and hardship: c.�/.�� 5�`�.�') �,�T"/��i�j�. ��G1��C/� Section of City Code: Have you operated a business in a city which required a business license? Yes No If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Pur�hasers: Fee Owners must sign this form prior to processing) NAME �'�% T/= i� ��-/)/1/C�f ADDRESS �� C�l� /_�f�Jlire (//l�� i�'�U� ��//,JL-/= S' � "J ' :3- DAYTIME PHONE J 7�%�� '� SIGNATURE ` DATE � �1 �' �/..� PETITIONER INFORMATION NAME ADDRESS SIGNATURE DAYTIME PHONE DATE Fee: $100.00 $ 60.00 i� for residential properties Permit VAR # a:3� /�— Receipt # � 7�D S Application received by: Scheduled Appeals Commission date: LP % Scheduled City Council date: 7G � CITY OF FRIDLEY APPEALS COMMISSION MEETING, JIINE 22, 1993 .....,.._______...,_________-.,____.._____..__-_.,__-_-______..________„_..__ CALL TO ORDER• Chairperson Savage called the June 22, 1993 �ommission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Diane Savage, Larry Kuechle, Carol Beaulieu Members Absent: Ken Vos, Cathy Smith Others Present: Michele McPherson, Planning Assistant Peter Vagovich, 6600 Brookview Drive Steven Flattum, 6566 Brookview Drive Barbara Hughes, 548 Rice Creek Terrace Richard & Kathryn Fischbach, 6810 - 7th Street Glenn & Lynda Paulick, 6800 - 7th Street APPROVAL OF JUNE 1, 1993, APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to approve the June l, 1993, Appeals Commission minutes as written. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DEGLARED THE MOTION CARRIED IINANIMOIISLY. l. CO__NSIDERATION OF A VARIANCE REQUEST,`£ VAR' #93-12, BY' PETER''=' ` VAGOVICH: '� Per Section 205.04.05.B of the Fridley Zoning Code, to reduce the side yard setback of a detached accessory structure from 5 feet to 3 feet, to allow the construction of a detached accessory structure, on Lot 6, Block 2, Brookview 2nd Addition, the same being 6600 Brookview Drive N.E. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Mr. McPherson stated this property is located on Brookview Drive south of 67th Avenue and west of Highway 65. The property is zoned R-1, Single Family Dwelling. The Michael Servetus Unitarian Church is located directly west of the subject property. The properties 7H � APPEALS COMMISSION MEETING, JIINS 22, 1993 PAGE 2 to the north and south are also zoned R-1, Single Family Dwelling. Ms. McPherson stated the petitioner has begun construction of a 12 ft. by 30 ft. detached accessory structure located adjacent to the existing two-car garage attached to the dwellinq unit. The petitioner has also applied for a special use permit as the accessory structure is over 240 sq. ft. and is the second accessory structure. The Planning Commission will review the special use permit request on Wednesday, June 23. Ms. McPherson stated the structure is located approximately three feet from the lot line; however, it is currently not anchored to the concrete slab on which it is located. Because the accessory structure is located in the side yard, a setback of 5 feet is required. If the petitioner would relocate the structure to the rear yard or behind the rear line of the dwelling unit, then a setback of 3 feet would be permitted. Ms. McPherson stated there is adequate room on the property to relocate 'the accessory structure. The Zoning Code allows the expansion of a single car garage to within 3 feet of the lot line if the adjacent dwelling unit is located at least 10 feet from the common property line. The dwelling unit located south of the subject parcel is located less than 10 feet to the side lot line. Ms. McPherson stated staff recommends that the Appeals Commission recommend denial of the variance request as the petitioner can relocate the structure to comply with the ordinance requirements. The proposed accessory structure does not adversely impact the lot coverage; however, there are several Building Code requirements that must be met to allow the construction of the structure to continue. Those are: 1. The building code requires one hour fire walls on the north and south side of the structure to its foundation. Because the structure is on a slab rather than a foundation, it is not certain whether the fire wall requirement can be met. 2. In the opinion of the Building Inspector, the roof trusses are not designed to provide storage in the upper level of the structure. The petitioner indicated that this area may be used for storage or to be used as a playhouse for his son. If �he petitioner can provide structural information to refute this observation, the petitioner would be allowed to have storage in the upper level of the structure. 3. The accessory structure needs to be permanently anchored to the slab on which it sits. Anchoring the structure to the slab may be difficult in its present location. 7' APPEALS COMMISSION MEETING, JQNE 22. 1993 PAGE 3 The petitioner will need to remove the existing slab to provide appropriate anchoring systems. Ms. McPherson stated the petitioner has adequate room on the property to comply with the ordinance requirements. If approved, this variance will be the most extreme granted for this particular type of request. In fact, if the Commission approves this variance request, they would be setting a precedent for similar requests in the future. Ms. McPherson stated staff recomraends that the Appeals Commission recommend denial of this request; however, if the Commission recommends approval, staff has one stipulation: 1. Construction of the accessory structure shall comply with the Uniform Building and Fire codes. Ms. Beaulieu asked if construction of the accessory structure is finished. Ms. McPherson stated the petitioner began construction without a building permit, so there is a stop work order on the structure. Construction on the structure cannot continue until the petitioner has applied for and received a building permit and has received approval for any variances or special use permit as required by code. The walls of the structure are up, the fl.00r system is in, the roof is on, and the roof is shingled. Ms. Savage asked the peti.tioner to explain his hardship. Mr. Peter Vagvvich stated that he has an existing 21 ft. by 20 ft. garage which is full of storage, and there is no room to park his cars in the garage. He did not know he needed a buiZding permit to construct a storage shed. He stated he has received no complaints from his neighbors. He stated the neighbor to the south has no abjection to the storage shed. He stated he can anchor the structure to the concrete slab, and he can sheetrock or insulate the structure to meet the fire code. Ms. Savage asked the petitioner about staff's suggestion that the structure be relocated to the rear yard. Mr. Vagovich stated he does not want to move the structure to the rear yard. He stated he has a very nice back yard, and he does not want to look at a storage shed. He would have to move his sprinkler system. He had an architect draw up the plans and he hired a carpenter to construct the building, so he has invested over $3,000 already. He tries to keep his property looking nice, and this building will look nice. Mr. Vagovich stated the house to the,south was built in 1946, and his house was built in 1957. He feels the City is trying to apply 7J APPEALS COMMISSION MEETING, JIINE 22• 1993 PAGB 4 90 rules to homes that were built in the 40's and 50's. He stated he operates a tree service so he drives all around Fridley. He stated there are junky sheds and code violations all over the City. Mr. Steven Flattum, 6566 Brookview Drive, stated his home is directly to the south of Mr. Vagovich. He stated is the closest neighbor, and he has no objection to the shed. Mr. Vagovich's yard always looks nice. Ms. Barbara Hughes, 548 Rice Creek Terrace, stated she is President of Michael Servetus Unitarian Church which backs up to Mr. Vagovich's property. She stated the church has no objections to the storage building, but would be concerned if the building is not adequately anchored to protect the church property from any damage during a storm. From the church's standpoint, of course, the farther away the building, the better it is for the church. She did understand the staff's concern about the building being too close to the neighbor's property and setting a precedent. MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTII�G AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HBARING CL03ED AT 7:45 P.M. Mr. Kuechle stated that the criteria for hardship are not being met in this case. He did feel badly that the petitioner has already started construction and it is in a tight spot; however, the petitioner has the opportunity to add an additional stall to the existing garage without a variance. The petitioner could also relocate the accessory structure to the rear yard. Since those two options are available with no impact or at least minimal impact, he would have to recommend denial of the variance request. Ms. Savage agreed. She stated she did not see a sufficient hardship to �ecommend approval of this variance and to set a precedent for the future. The structure is located extremely close to the property line and that certainly does not serve the spirit of the code, both for aesthetic reasons and for the considerations of fire. She would also recommend denial of the request. Ms. Beaulieu stated the hardship cannot be one that is created by the petitioner, and the biggest hardship in this case is that the petitioner started construction withaut a building permit. Granting the variance because the building is already partially constructed would certainly be setting a bad precedent. She would also recommend denial of the request. MOTION by Mr. Kuechle, seconded by Ms.. Beaulieu, to recommend to City Council denial of variance request, VAR #93-12, by Peter Vagovich, per Section 205.04.05.B of the Fridley Zoning Code, to reduce the side yard setback of a detached accessory structure from 7K APPEALS COMMIS3ION ME$TING. JUNE 22. 1993 PAGE 5 5 feet to 3 feet, to allow the construction of a detached accessory structure, on Lot 6, BZock 2, Brookview 2nd Addition, the same being 6600 Brookview Drive N.E. IIPON A VOICE VOTB, ALL VOTING AYE� CBAIRPERSON SAVAGE DECLARLD THF MOTION CARRIED IINANIMOII8LY. Ms. McPherson stated this item will go to City Council on July 6, 1993. � 2. AND KATHRYN FISCHBACH: Per Section 205.07.03.D. front yard setback from 3. 205.04.05.B.(2).(a). of t setback from 3 feet to 2. existing single car gar� Terrace Plat 4, the same MOTION by Mr. Kuechle, seconded hearing. � 1j of the City Code, to reduce the ' feet to 32.7 feet, and Per Section City Code to reduce the side yard feet to allow the expansion of an g on Lot 5, Block 3, Rice Creek b' nct 6810 7th Street N. E. IIPON A VOICE VOTE, ALL VOTING AYL� MOTION CARRIED AND THE PIIBLIC HEA Ms. Beaulieu, to open the public Ms. McPherson stated this property i of 68th Avenue and 7th Street. The � Family Dwelling, as are all surroundi on the property is a single family d single car garage. The petitioners existing single car garage to a two-c. the south side of the garage and an a side or front of the garage. The pux front of the garage is to facilitate door. It will also lengthen the c :RPERSON SAVAGE DECLARED THE OPEN AT 7:50 P.M. located near the intersection �roperty is zoned R-1, Single �g parcels. Currently located ►elling unit with an attached are proposing to expand the r garage by adding 6 feet to � ditional 2 feet to the east p se for the addition to the stalling a two-car garage �a age which will allow the petitioners additional storage space a the rear of the garage which would normally occur on the sides of a garage. Ms. McPherson stated the Zoning Code was mended several years ago to allow the expansion of single car att ched garages to two-car attached garages and to reduce the side ard setback from 5 feet to 3 feet without a variance if the adjac nt dwelling unit is 10 feet from the lot line or if the adjacent double car garage is 5 feet from the lot line. Ms. McPherson stated the petitioners are re esting that a variance be granted to allow a side yard setback d wn to 2.8 inches as opposed to 3 feet to allow adequate room for the expansion of the garage. The existing garage is set at approx mately 8.8 feet from the property iine. The petitioners did recei e a•variance to add the family room to the rear of the garage in 1 81. The additional inches requested by the petitioners will not a versely impact the �L CITY OF FRIDLBY PLANNING COMMISSION MEETING� JIINE 23, 1993 ...._.._„________.._______......_____.,___,.__....______.,__..______________.,_ CALL TO ORDER• Chairperson Newman called the June 23, 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 Steven Barg, Planning Assistant Peter Vagovich, 6600 Brookview Drive Stephen Witzel, 1349 - 104th Ave. N.E., Blaine Christopher Boe, 520 Glencoe Street N.E. Dale Pearson, Fridley Laundromat APPROVAL OF JUNE 9. 1993, PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve the June 9, 1993, Planning Commission minutes as written. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPLRSODT NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Chairperson Newman requested that item one be moved to item three in the agenda to accommodate staff persons. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP �93-09, BY PETER VAGOVTCH: Per Section 205.07.O1.C.(1) of the Fridley City Code, to allow the construction of a second accessory structure over 240 square feet on Lot 6, Block 2, Brookview 2nd Addition, generally located at 6600 Brookview Drive N.E. MOTION by Mr. Saba, seconded by Ms. Modig, to waive the reading of the public hearing notice. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Ms. Modig, seconded by Mr. Oquist, to open the public hearing. �• PLANNING COMMISSION MEETING, JIINE 23. 1993 PAG$ 2 IIPON A VOICB VOTE, ALL VOTING AYE, CBAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC BEARINC3 OPEN AT 7s33 P.M. Ms. McPherson stated the property is located south of the intersection of 67th Avenue on Brookview Drive and west of Highway 65. The Michael Servetus Unitarian Church is located directly west of the subject property. ,The property is zoned R-1, Single Family Dwelling, as are all surrounding properties. Ms. McPherson stated that located on the property is an existing single family dwelling unit with an attached two-car garage. The petitioner has begun construction of a 12 ft. by 30 ft. (360 sq. ft.) detached accessory structure which is located on a concrete slab adjacent to the existing attached garage. The petitioner applied for a variance as the accessory strncture is set back 3 feet from the lot line, and the Zoning Code requires that detached accessory structures be 5 feet from the lot line in the side yard. On June 22, 1993, the Appeals Commission reco7nmended denial of the variance request to the City Council. Ms. McPherson stated the proposed accessory structure does not. adversely impact the lot coverage or any other setback requirements, except for the side yard setback. There are several building code requirements which must be met by the petitioner prior to construction continuing. Those include: 1. The building code requires one hour fire walls on the north and south side of the structure to its foundation: Because the structure is on a slab rather .than a foundation, it is not certain whether the fire wall requirement can be met. 2. In the opinion of the Building Inspector, the roof trusses are not designed to provide storage in the upper level of the structure. The petitioner indicated that this area may be used for storage or to be used as a playhouse for his son. If the petitioner can provide structural information to refute this observation, the petitioner would be allowed to have storage in the upper level of the structure. 3. The accessory structure needs to be permanently anchored to the slab on which it sits. Anchoring the structure to the slab may be difficult in its present location. The petitioner will need to remove the existing slab�to provide appropriate anchoring systems. Ms. McPherson stated that while the structure appears to be architecturally compatible with the dwelling unit and it does not adversely impact lot coverage or any other setback requirements, with the exception of the requested variance by the petitioner, . � • PLANNING COMMISSION MEETING. JIINE 23, 1993 PAGS 3 staff recommends that the Planning Commission recomraend denial of the special use permit for the accessory structure in its present. location. -If the petitioner would••relocate the structure to meet the code requirements, staff would recommend the Planning Commission recommend approval of the request. Mr. Oquist asked what the alternatives are for the petitioner. Ms. McPherson stated the petitioner can relocate the accessory structure to the rear yard behind the dwelling unit. Another alternative is for the petitioner to remove the accessory structure and expand the existing garage. � Mr. Peter Vagovich stated that he when he started construction, he did not know he needed a building permit to construct a storage shed. The house to the south was built in 1946 and his house was built in 1957 when the setbacks were closer than the current Zoning Code allows, and he did not know he needed a 5 foot setback from the lot line. The neighbor to the south has no objection to the accessory structure in its present location. The Michael Servetus Unitarian Church�s only concern was that the structure be anchored. He stated the structure wil�l be bolted into the concrete. Mr. Vagovich stated he hired an architect to design the building and a carpenter to build the building. He has invested over $3, 000 in the building so far, and he does not want to relocate it in the rear yard. He has a nice back yard with a sprinkler system, and this building would look out of place in the back yard. He needs the extra storage space for parking his cars as his existing attached g�rage is full of storage.. The Appeals Commission recommended denial of the variance because no one has ever asked for this same type of variance in the past and _granting the variance would set a precedent. He stated that in driving around the City, he sees a lot of buildings closer to the property line than 5 feet. Mr. Vagovich stated he can sheetrock the building and insulate it to make it fireproof. He will also anchor it to the concrete slab. The building will look nice and will have the same siding as the house. If the special use permit is not approved, he would need 90 days to move it out because he will not relocate it to the rear yard. Ms. McPherson stated that any building over 100 sq. ft. requires a building permit. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:50 P.M. . � • • PLANNING COMMISSION MEETING, JIINE 23. 1993 PAGE 4 Mr. Saba stated he can understand the petitioner's desire for more storage, and he could understand the petitioner not wanting to relocate the structure in the rear yard. He did not have a problem with the special use permit for the storage shed itself, but he was concerned that construction has already been started. Mr. Oquist stated he agreed. The petitioner has learned a valuable lesson in not getting a building permit and understanding the City's requirements. It seems like a good structure, and he would be in favor of recommending approval of the special use permit, pending approval of the variance for the setback. Ms. Modig stated the structure looks nice in its present location. The neighbors do not have any objections. She would also recommend approval with the stipulation that the variance is approved by the Council. Mr. Sielaff stated he was also concerned that the petitioner went ahead and started construction before obtaining a building permit and approvals. As far as the special use permit request, he would be willing to recommend approval. MOTION by Mr. Saba, seconded by Ms. Modig, to recommend to City Council approval of Special Use Permit, SP #93-09, by Peter Vagovich per Section 205.07.01.C.(1) of the Fridley.City Code, ta allow the construction of a second accessory structure over 240 square feet on Lot 6, Block 2, Brookview 2nd Addition, generally located at 6600 Brookview Drive N.E., with the following stipulations: 1. Construction of the accessory structure shall comply with the Uniform Building and Fire Codes. 2. Approval of variance request, VAR 93-12, or structure is relocated so that no variances are needed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TH8 MOTION CARRIED IINANIMOIISLY. The Commission members agreed that the City should provide information to City residents regarding the necessity to apply for building permits. Perhaps this information could be provided in new resident packets or through an article in the City newsletter. Ms. McPherson stated the special use permit and variance requests will go to City Council on July 6, 1993. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #93-10, BY STEPHEN W�TZEL: Per Section 205.13.O1.C.(10) of the Fridley City Code, to allow outdoor storage of materials and equipment on Lots 9 and 10, Block I, Riverview Heights, generally located at 505 Fairmont Street N.E. � PLANNING COMMISSION MEETING. JIINE 23,. 1993 PAGE 5 � MOTION by Mr. Oquist, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTL, ALL VOTING AYE� CHAIRPERSON NBWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HLARING OPEN AT 7t55 P.M. Ms. McPherson stated the property is located just west of the intersection of Fairmont Street and East River Road. Located adjacent to the property is the Fridley Laundromat and the former Fridley Food Mart. To the south is the Texaco station. The property is zoned C-1, Local Business, as are the properties to the east and southeast. The surrounding properties on the west, north, and southwest are zoned R-1, Single Family Dwelling. Ms. McPherson stated the petitioner purchased the property several years ago. Located on the property is a one-story concrete structure which has a double garage door and service door in the front. The petitioner operates Mobile Maintenance, a mobile home repair operation. The site is used for the storage of vehicles, equipment, and materials associated with the business. The building is used as an office for the business. Ms. McPherson stated that currently being stored in the storage yard is a trailer which is used as an office unit for larger jobs, a boat which is temporarily being stored, assorted materials, and 55 gallon drums used for recycling various metals. A variety of vehic.les are stored in the front yard but sometimes they are stored in the storage yard. The petitioner has worked to provide a screening fence along the front, west, and north side of the storage yard. Typically, the City requires that all storage yards have hard surface and concrete curb and gutter around the perimeter. There is a hard surface driveway from the easterly curb cut on Fairmont. The petitioner should provide a hard surface driveway to the westerly curb on Fairmont. There should be an increase in landscaping along the boulevard area between the two driveways. Ms. McPherson stated the petitioner can maet the outdoor storage requirements as far as screening from the street right-of-way. Staff recommends that the Planning Commission recommend approval of the special use permit with the following stipulations: 1. The screening fence shall be completed along the north property line by August 1, 1993. 2. The petitioner shall provide hard surface and concrete curb and gutter for the storage area by July 1, 1994. The petitioner shall also install a hard surface driveway from the storage area to the westerly curb cut by July 1, 1994. . , PLANNING COMMISSION MEETING, JIINB 23, 1993 PAGE 6 3. 4. 5. 6. The petitioner shall install landscaping between the two curb cuts on Fairmont Street. The storage area shall be used to store materials and equipment which are directly related to Mobile Maintenance. There shall be no exterior storage of materials and equipment outside the storage area. The petitioner shall sub�it the proposed paving plan to the Engineering Department and comply with recommended stipulations. Mr. Sielaff asked if the petitioner needs a storm water runoff permit for the outdoor storage area. Ms. McPherson stated a storm water runoff permit is not needed for property under 9,000 square feet. Ms. Sielaff asked if any hazardous waste will be stored at the. facility. Ms. McPherson stated that question will need to be asked of the petitioner. Mr. Stephen Witzel stated he is the owner of the building. When he purchased the property, the property and the building were in very poor condition. He has made a lot of improvements to the building and the property. The area he is asking for a special use permit ior storage has been used as a storage area for 20 years, so it is not like a new use for the property. As far as the stipulations, he has objections with #2 and #6 regarding the requirement to provide hard surface and concrete curb and gutter for the storage area and providing a paving plan�to the City to comply with the recommended stipulations. Mr. Witzel stated that when he purchased the property, he talked to a staff person in the Planning Department who stated that since there was already Class #5 in the storage area and the storage area had been used for parking in the past, he was grandfathered in. He estimated the cost of the concrete curb and gutter and blacktop to be around $15,000. He was not prepared for that kind of expense. It is something he would like to do in the future but not this soon. Mr. Witzel stated he questioned the need for curb and gutter in an area that no one can see. He believed that any curb and gutter will just interfere with the natural drainage. Had he known he would have been faced with this additional expense, he would not have purchased the property. � PLANNING COMMISSION MEETiNG. JQNE 23. 1993 PAGE 7 Mr. Witzel stated he has tried to get along with everyone in the neighborhood, and he did not know if anyone had any problem with what he has done with the property. Mr. Dale Pearson stated he has owned the laundromat next door to this property for 20 years. He stated Mr. Witzel has done nothing but improve this property. He would appreciate the Planning Commission giving him a break with these stipulations. Mr. Oquist asked if the staff is recommending hard surface for the whole storage area or just the area to the second curbing�. �" Ms. McPherson stated the staff's recommended stipulation is based on past actions by the Planning Commission. In the past when there has been a special use permit request for outdoor storage, the Planning Commission has required that the storage area within the fence be paved with concrete curb and gutter around the paved area, especially with vehicle parking. Mr. Saba asked if any chemicals will be stored on the property. Mr. Witzel stated that no chemicals will be stored on the property. They do change the oil on the vehicles on Saturday mornings. The oil is put in a 5 gallon oil pan which is taken to John's Auto Supply in Blaine and dumped. He stated he works on mobile homes off site. No autamobile repair or mobile home repair is done on the site. He stated his employees are on the from 7:00-8:00 a.m. to load materials. They are not back to the site until about 4:00 P-m. Mr. Saba asked if there is any soil contamination. Mr. Witzel stated he had water and soil testing done on the property prior to his purchasing the property. The tests came back clean. Mr. Newman asked why they are dealing with this special use permit for storage differently than they did for Park Construction. Park Construction does not have a hard surface area for storage. Is that grandfathered in? Ms. McPherson stated she did not have an answer to that question. She stated that based on her experience as staff, whenever there is vehicle parking, the City has required hard surface and concrete curb and gutter. She believed that part of the reason Park Construction does not have a blacktop or concrete storage area is due to the types of materials and equipment that are part of the day-to-day operations. The tractors and bulldozers would basically destroy any blacktop. As far as the storage area for the materials, she did not know why hard surface was not required for that. � PLANNING COMMISSION MEETING. JIINE 23, 1993 PAGE 8 Mr. Newman stated he is extremely sympathetic to the plight of the petitioner. They want to be upgrading and improving the City and to get people who acquire properties to make improvements. They want to be consistent and treat everyone fairly; but, by the same token, they do not want.to penalize the small business person such as �r. Witzel who purchases a dilapidated piece of property, starts to make improvements, and then is faced with an unexpected cost for improvements required by the City. Ms. McPherson stated that a large number of past outdoor storage requests have dealt with junkyards. With those type of requests, the Commission had an environmental concern regarding leaking fluids from damaged vehicles, and that environmental concern led the Commission to require the hard surface and concrete curb and gutter. Perhaps with the current request, due to the nature of the materials to be stored, the environmental concern may not be as high and the Commission may find that it would be appropriate to allow the storage area to continue as it is with stipulations on what can and cannot be stored within the storage area. Mr. Saba stated that he remembers insisting on hard surface for those situations where there was the storage of junk and damaged vehicles. He did not consider the current request as much different from the Park Construction situation. This is not an automotive repair shop, and there will be no junk vehicles on the property. Mr. Christopher Boe, 520 Glencoe Street, stated he lives behind the storage facility. He stated he has no problem with the business, but he does object to the large boat that is stored in the storage area that has not moved in the 1 1/2 years he has lived there. There is also an RV that has been sitting in the storage yard, and it is just as large as the boat. These two things are 6-7 feet higher than the fence, so the screening will not solve the visual problem for him. Mr. Witzel stated he has no problem with moving either the RV or the boat. He would like one year to finish the boat and remove it. The RV can be removed immediately. MOTION by Mr. Saba, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:45 P.M. Mr. Oquist stated that stipulations #1, #3, #4, and #5 do apply to the special use permit. He stated he was not sure about requiring the hard surface driveway and storage area. If they add a stipulation that the boat and RV have to be removed from the site, that is putting a lot of restrictions on the site. �• PLANNING COMMISSION MESTING, JUNS 23, 1993 PAG$ 9 Ms. Modig stated she believed the Commission should deal with whether or not to require the hard surface and concrete curb and gutter. She believed the petitioner should be allowed to store the RV and the boat on his property if he wishes. She did not think they can restrict that kind of storage. This property is zoned C-1, Local Business, and has used as an automotive-type business for inany years. The petitioner has indicated that he plans to hard surface the area in the future, and she did not see a point in penalizing the petitioner for not being willing to provide the hard surface at this time. Mr. Saba agreed. However, if the petitioner wishes to be a good neighbor, it might behoove him to remove at least the boat in response to his neighbor's concern. The RV is questionable because it is used for the business, and the petitioner has every right to store it on the property. The boat is not related to the business and should probably be removed. He believed a year,timeframe to remove the boat is more than adequate. He stated he would agree to removing stipulations #2 and #6 and adding or modifying a stipulation to restrict the petitioner from storing hazardous waste and non-functionaZ vehicles on the site. Mr. Newman stated that since it is his understanding from staff that the Planning Commission has been fairly consistent with enforcing the hard surface parking, they need to be careful what basis they use for deviating from that requirement. In this case, it might well be the fact of being grandfathered in, because a similar activity has been operating on this site for some time. But, their other justification is to limit the storage that oc�urs on that area, and they could place some restrictions on the boat and the RV. Since the petitioner has e�ressed a willingness to remove the RV, it would behoove him to do that, and the Commission can set some limitation on the removal of the boat. MOTION by Mr. Saba, seconded by Ms. Modig, to recommend to City Council approval of Special Use Permit, SP #93-10, .by Stephen Witzel, per Section 205.13.01.C.(10) of the Fridley City Code, to allow outdoor storage of materials and equipment on Lots 9 and 10, Block I, Riverview Heights, generally located at 505 Fairmont Street N.E., with the following stipulations: 1. The screening fence shall be completed along the north property line by Auqust 1, 1993. 2. The petitioner shall install landscaping between the two curb cuts on Fairmont Street. 3. The storage area shall be used to store materials and equipment which are directly related to Mobile Maintenance and which do not include or contain hazardous chemicals or contaminants and shall not include any vehicles which are inoperable and unlicensed, with the �� PLANNING COMMISSION MEETING. JIINB 23. 1993 PAG$ 10 exception of the boat which the petitioner shall remove by July 1, 1994. 4. There shall be no exterior storage oi materials and equipment outside the storage area. Ms. McPherson stated this item will go to City Council on July 6, 1993. Mr. Saba stated stipulation #3 does not include the RV which is related to the mobile home maintenance business. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 3. PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO THE FRIDLEY CITY CODE CHAPTER 205 ENTITLED "ZONING" BY AMENDING SECTIONS 205.07.06, 205.08.06. 205.09.07, AND 205.10.06, AND RENUMBERING CONSECUTIVE SECTIONS: MOTION by Ms. Modig, seconded by Mr. Sielaff, to open the public hearing. IIPON A VOICL VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARLD THE MOTION CARRIED IINANIMOII3LY. Mr. Barg, Code Enforcement Officer, stated the City has,had a long standing policy through the Zoning Code to prohibit parking off hard surface areas. There is also the problem of people who have built their homes before there was.the hard surface requirement, but that is another issue. However, the City has always attempted to require people who have hard surface driveways to keep their vehicles on the hard surface or to require other people who don't have hard surface driveway to keep their vehicles on whatever existing driveway they have. Mr. Barg stated that last fall, the City was unsuccessful in attempting to enforce the hard surface parking reguirement in Anoka County Court. In this case, the resident was parking a vehicle in front of his front door and had worn a path up to the front steps. The Judge dismissed this citation telling the City that he did not feel there was a tie in the current Zoning Ordinance between required parking facilities and required parking behavior. There is nothing in the current Zoning Ordinance that says directly and clearly that parking off the required parking area is prohibited. The Judge stated that in order to uphold the hard surface parking requirement, the City needs to show a tie between parking facilities and parking behavior. Mr. Barg stated staff is recommending the following amendment to the Zoning Code to make a tie between the parking facilities as �� PLANNING COMMISSION MLETING, JUNE 23. 1993 PAGB 11 required by the current code and the actual using of those facilities: B. Prohibited Parking. No outside parking or storage of motor vehicles shall occur except on approved hard surface driveways and parking stalls. Mr. Barg stated the Commission has received a copy of a letter from Kathy McCollom, 197 Longfellow Street N.E., who has a concern that her neighbor will begin paving large portions of his front yard to meet the parking requirement and be able to store more vehicles on his property. Mr. Newman asked if the Zoning Code specifies how much of a lo.t can be impervious surface. Ms. McPherson stated the Zoning Code, for both commercial and residential properties, only covers lot coverage in terms of the structures on the site. Ms. McPherson stated there is a section in the Zoning Code that requires landscaping, seeding, and sodding with the front yard area. But, there are very few limitations as to the limit of hard surface on any lot. Mr. Oquist stated he believed that at one time, the Zoning Code required a certain percentage of green area on a given property. Ms. McPherson stated Mr. Barg also explored the passibility of limiting the number of vehicles that can be stored on a property, but the Council has chosen not to pursue that option. Coon Rapids has a requirement that the number of vehicles on any particular property can be two more than the licensed number of drivers. Mr. Oquist stated that the way the current ordinance reads, there is no way to prevent someone from paving his/her whole front yard. Mr. Newman stated that maybe the Commission should ask staff to evaluate whether or not they need to adopt a new ordinance or amend the ordinance to limit the impervious surface area. With this ordinance, are they addressing the issue of dirt driveways? Mr. Barg stated, no, they are not. It is his understanding in talking to the City Prosecutor that the City has lost the task in trying to require anyone, under normal circumstances, to pave their driveway. However, when someone applies for a permit to make an improvement to the home, the City does require a hard surface driveway within one year. Residents are also encouraged to hard surface their driveway at a reduced cost during street improvement projects. �J PLANNING COMMISSION MEETING. JIINE 23. 1993 PAG$ 12 Mr. Barg stated that for those homes that were built before the hard surface driveway requirement, he has always tried to work toward requiring those people to keep their vehicles parked in whatever driveway they have. He asked the Judge if that is enforceable, and he basically said, yes. Mr. Newman stated the recommended amendment states that: "No outside parking or storage of motor vehicles shall occur except on approved hard surface driveways and parking stalls." So, if he had a grandfather driveway, would that be an approved hard surface driveway? Mr. Barg stated asked if Mr. Newman is saying that the wording should be amended to cover those grandfather cases. Mr. Newman stated it seems they are running into the issue of discretionary enforcement if they are not going to enforce the driveway requirement against the person who does not have a hard surface driveway, but do enforce it aqainst the person who has a hard surface driveway but parks his/her cars in the middle of the front yard. Mr. oquist stated that maybe the Parking Ordinance should be reworded to include the non-hard surface driveways that still exist but are approved driveways because they are grandfathered in. Mr. Newman suggested the Commission approve the Parking Ordinance amendment so that it goes on to City Council, but that the Commission ask staff and the City Prosecutor to review the issues of how this ordinance impacts those homes that are grandfathered and do not have hard surface driveways. Mr. Oquist agreed with Mr. Newman. MoTION by Ms. Savage, seconded by Mr. Oquist, to receive the letter dated June 23, 1993, from Kathy McCollom, 197 Longfellow Street N.E. UPON A VOICS VOTE, ALL VOTING AYRr C$AIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9:20 P.M. MOTION by Mr. Oquist, seconded by Ms. Modig, to recommend to City Councii the adoption of the Parking Ordinance Amendment in concept, but to ask staff to consider some rewording regarding the terminology for hard surface driveways and non-hard surface � ] ►\ PLANNING COMMISSION MSETING. JIINE 23. 1993 PAG$ 13 driveways and to ask the City Prosecutor to review the issue of how this ordinance impacts those people who do not have hard surface driveways. IIPON A VOICE VOTB, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated that staff will address the issues of non-hard surface driveways and will evaluate the ordinance with the City Prosecutor as to the larger policy impacts prior to the City Council's public hearing. If there does need to be an ordinance change, these changes will be brought back to the Planning Commission. Mr. Newman asked staff to write a letter to, Kathy McCollom on behalf of the Commission letting her know the Commission's action. Mr. Barg stated that the second part of Ms. McCollom�s letter refers to the fact that the person who owns the property next to her actually lives across the street but keeps his dogs and vehicles on the subject property. Her concern is why should this person be allowed to use a property for vehicle storage even if the surface is paved and to have a kenne2 area in the rear yard if that is not the person's primary residence. He stated he has done some checking on this and has not been able to find anything that would restrict the use of a property in that way. 4. APPROVE HUMAN RESOURCES COMMISSION RECOMMENDATION.FOR 1993 CDBG ALLOCATION• Mr. Barg stated that, again, this was a tough process. They had only $30,600 in CDBG funds and $108,705 in requests. The Commission tried to focus on youth programs and new and innovative programs. Mr. Newman stated that by just looking at the names of the organizations on the funding chart, it is difficult to know what the programs are. Mr. Oquist explained some of the programs. He stated it might be a good idea to add a short explanation of the program after each organization's name on the chart. Mr. Oquist stated that in reviewing the funding requests, almost all of them had some real needs. But, in looking at some of the organizations the City has funded in the past, particularly in the mental health areas, some of them have very large budgets. In the past, the Commission has recommended funding a few thousand dollars to these organizations, but even without funding, the programs will continue. This year, since the City did not receive that much money, the Commission decided not to fund these larger organizations, knowing that the programs will continue anyway. � PLANNING COMMISSION MEBTING, JIINS 23, 1993 PAGE 14 Also, in addition to the large budgets, there are also large numbers of staff, so a lot of the money goes to pay the staff. The Commission focused on funding food shelves, youth, and new and innovative programs until they had allocated the $30,000. Mr. Oquist stated he would like to commend the members of the Human Resources Commission because, considering the amount of requests they had, things went very smoothly. Steven Barg, staff person to the Commission, gave the Commission some valuable assistance and helped keep things on track. MOTION by Mr. Sielaff; seconded by Ms. Modig, to recommend to City Council the approval of the following funding allocations as recommended by the Human Resources Commission: 1993-94 CDBG HUMAN SERVICE FUNDING RE4UEST5 Last Year's This Year's Funding Allocation Re,guest Recommended Alexandra House $ 4,000 $ 4,500 $ 3,500 A.C.C.A.P. $ S,lOfl $ ?,705 $ 5,100 Arc of Anoka County $ 1,000 $ 1,500 $ 1,000 Banfill Locke House N/A $ 6,000 - 0- Central Center for Family Resources City of Fridley (Park & Recreation) Community Emergency Assistance Program Family Life Mental Health Center Fridley Senior Center Girl Scouts of America Health One North Suburban Counseling Center Northwest Suburban Kinship $ 3,000 N/A $ 2,000 $ 3,000 $ 5,000 N/A N/A $ 3,000 - 0 - 8M $ 5,000 $ 5,000 $ 2,000 $ 5,000 $ 6,500 $ 2,000 $ 5,000 $ 3,000 $ 3,000 $ 2,000 $ 5,000 $ 2,000 - 0 - _ p _ - 0 - $ 5,000 - 0 - - 0 - PLANNING COMMISSION MEETING. JUNS 23, 1993 PAG$ 15 Northwest Youth & Family Services RISE St. Phillips Church St. Williams Church S.A.C.A. Tamarisk $ 1,500 - 0 - N/A $ 1,000 $ 6,504 N/A $ 5,000 $ 5,000 $24,000 $ 1,000 $10,000 $ 7,500 $108,705 - 0 - - 0 - - 0 - $ 1,000 - 0 - $ 4,000 $30,600 IIPON A VOICS VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED T$8 MOTION CARRIED IINANIMOIISLY. 5. RECEIVE THE JUNE l, 1993. APPEALS COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Ms. Modig, to receive the June 1, 1993, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 6. RECEIVE MAY 20 1993 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the May 20, 1993, Human Resources Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 7. SPECIAL MEETING ON JULY 15. 1993: Mr: Newman stated the Commission had received a copy of a memo dated June 22, 1993, from Barbara Dacy regarding the special meeting that had been scheduled for July 15, 1993, regarding the investigation of a variety of planning/visioning processes and that the Planning Commission not pursue this at this time because of the staff workload and priorities. Mr. Sielaff stated his concern is that sometimes when things are put on the back burner, they are left there. He did not want to see this dropped. Mr. Oquist stated that maybe the Commission should bring this subject up from time to time until the staff can act upon it. � PLANNING COMMISSION MEETING, JIINE 23, 1993 PAGE 16 Mr. Newman suggested that staff put this on the Planning Commission agenda every three months as a reminder. Mr. Saba stated that in her memo, Ms. Dacy stated that: "The City Manager has asked the Community Development Department to ensure that the housing programs are successfully implemented." He stated that he would like the Planning Commission kept infonaed on what is happening with the housing issue. Ms. McPherson stated that perhaps at the July 14, 1993, Planning Commission meeting, Barbara Dacy or Grant Fernelius, the new Housing Coordinator, can update the Commission on the process and the various programs that have been established. 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 and the June 23, 1993, Planning Commission meeting adjourned at 10:00 p.m. R pectfully ubmitted, �� L ne Saba' Recording Secretary . • r � � I Community Development Department PLANNING DIVISION City of Fridley DATE: July 1, 1993 � To: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit, SP #93-09, by Peter Vagovich; 6600 Brookview Drive N.E. The Planning Commission voted unanimously to recommend approval of a special use permit request to allow a second accessory structure over 240 square feet. The Commission recommended one stipulation: 1. Variance request, VAR #93-12, shall be approved, or the petitioner shall relocate the accessory structure to comply with the ordinance requirements. Staff recommends that the City Council deny the special use permit request, unless the petitioner relocates the structure to comply with code. MM/dn M-93-369 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 Financi al I mplications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations � RECOMMENDATION I Staff Appeals Commission Planning Commission Author -1�1/dn S TAFF REP O RT Community Development Department Appeals Commission Date Planning Commission Date : June 23 , 1993 City Council Date � July 6, 1993 SP ��93-09 Peter Vagovich To allow a second accessory structure over 240 sq. ft. 6600 Brookview Drive N.E. 21,500 square feet R-1, Single Family Dwelling Residential R-1, Single Family Dwelling Residential Rice Creek Denial Denial i �VEA 3 `� / ■ � � .G i F �� , � I � � l SP ��93-09 Peter Vagovich N �/2 SEC. /3, C/TY OF FR/L' !3 n �� 6' cn ■ i` i �� -(� � :c M 6 23 24 I 5 8R LOCATIQN MAP Y Z � � H t � t ! SP ��93-09 Peter Vagovich - � �IICCICCIOC/ 8S ZONING MAP Staff Report SP #93-09, by Peter Vagovich Page 2 Request The petitioner requests that a special use permit be issued to allow construction of a second accessory structure over 240 square feet. The request is for Lot 6, Block 2, Brookview Second Addition, the same being 6600 Brookview Drive N.E. Site Located on the property is a single family dwelling unit with an attached two-car garage. The property is zoned R-1, Single Family Dwelling, as are all surrounding properties. The Michael Servetus Unitarian Church is located west of the subject parcel. Analysis ' The petitioner has begun construction without a building permit of a 12' x 30' (360 square foot) detached accessory structure. The accessory structure is located on a concrete slab adjacent to the existing attached garage. The petitioner has also applied for a variance to reduce the side yard setback from 5 feet to 3 feet. Staff's recommendation to the Appeals Commission was to deny the variance request, as the petitioner has adequate room on site to locate the structure in compliance with the setback requirements. The proposed accessory structure does not adversely impact the lot coverage of the property; however, there are several building code requirements which need to be met in order to allow construction to continue. l. The building code requires one hour fire walls on the north and south side of the structure to its foundation. Because the structure is on a slab rather than a foundation, it is not certain whether the fire wall requirement can be met. 2. The roof trusses are not designed to provide storage in the upper level of the structure. The petitioner indicated that this area may be used for storage or to be used as a playhouse for his son. 3. The accessory structure needs to be permanently anchored to the slab on which it sits. Anchoring the structure to the slab will be difficult in its present location. The petitioner will need to remove the existing slab to provide appropriate anchoring systems. � Staff Report SP #93-09, by Peter Vagovich Page 3 Recommendation The location of the structure as proposed raises several issues of concern. The Appeals Commission will take action on the variance request to the setback requirements on June 22, 1993. Staff recommended denial of the request to the Appeals Commission. Because other opportunities exist to comply with the code, staff recommends that the Planning Commission recommend denial of the special use permit request as presented. If the petitioner revises the site plan to meet the code requirements and to also allow compliance with the building code regulations, the Planning Commission could table the request until another site plan is submitted for review. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the special use permit request to the City Council with one stipulation: l. Variance request, VAR #93-12, shall be approved or the petitioner shall relocate the accessory structure to comply with the ordinance requirements. City Council Recommendation Staff recommends that the City Council deny the request unless the petitioner relocates the structure to comply with code. � SP 4�93-09 Peter Vagovich �� r`h�� CITY OF FRIDLEY 6431 UNIVERSTTY AVENUE N.E. FRIDLEY, MN 55432 I ,� �' (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 6600 Brookvi ew Dri ve, Fri dl ey, i�•1i nnesota Property Identification Number (PIN) 13 30 24 23 0037 Legal description: Lot 6 Block 2 Tract/Addition Broo�CVi ew 2nd Addi ti on Current zoning: � � Reason for special use permit: Square footagelacreage 21, 4a7 Square �eet Side.yard setbacl: encroachment Section of City Code: Have you operated a business in a city which required a business license? Yes No If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFQRMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this foi-m prior to processing) NAME Peter Vagovich ADDRESS 6600 Brookvi ew Dri ve, Fri dl ey, P1i nnesota '��l DAYTIME PHONE 574-9824� SIGNATUR�-� .> �,r' � DATE May 20, 1993 PETITIONER INFORMATIOIY NAME ADDRESS SIGNATURE DAYTIME PHONE DATE Fee: $200.00 �� $100.00 �,_ for residential2nd accessory buildings Permit SP # -� ` eceipt # i-1 O� Application received by: Scheduled Planning Commission date: Z:� � Scheduled City Council date: �• r � � J Community Development Department PLANNING DIVISION City of Fridley DATE: July 1, 1993 ` p�. LI TO: William Burns, City Manager � n� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit Request, SP #93-10, by Steve Witzel; 505 Fairmont Street N.E. The Planning Commission reviewed the special use permit request for outdoor storage of materials and equipment at its June 23, 1993 meeting. The Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. 2. The screening fence shall be completed along the north property line by August 1, 1993. The petitioner shall install landscaping between the two curb cuts on Fairmont Street. 3. The storage area shall be used to store materials and equipment which are directly related to Mobile Maintenance, and shall not include hazardous chemicals or contaminants or any vehicles which are not street operable and currently licensed. The petitioner has until July 1, 1994 to remove the boat currently located in the storage area. 4. There shall be no exterior storage of materials and equipment outside of the storage area. Staff originally recommended that the Planning Commission recommend approval of the request requiring that the storage area be hardsurfaced with concrete curb and gutter as was required in past actions. The Planning Commission voted to strike those stipulations due to the nature of the materials stored within the storage area. The Commission did, however, stipulate what could and could not be stored in order to minimize any environmental impacts from chemicals or contaminants. MM/dn M-93-368 C7 S TAFF REPORT � Community Development Department Appeals Commission Date Planning Commission Date � June 23, 1993 City Council Date : July 6, 1993 REQUEST Permit Number Applicant Proposed , Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning j 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 RECOMMENDATION Staff Appeats Commission Planning Commission Author - 1��I/dn SP 4�93-10 Steve Witzel To allow outdoor storage of materials and equipment. 505 Fairmont Street N.E. 6,600 square feet C-1, Local Business Office/s,torage C-1, Local Business to the East; R-1, Single Family Dwelling to the North, South, and West. Retail to the East; Residential to the North, South, and West. Six Cities Approval with stipulations. Approval with stipulations. i: SP ��93-]0 Steve Witzel 8Z L4CATION MAP z. , — ` � SP �f93-10 Steve Witzel � �____ - __ __ � � �_� --- ___ _- _ , - .:_._ __,_ __ -- -�� __�_ _ � . _ _ . � ° �,,, ,;;1 ` � � ,� � . a , 1 ��.�� t� ,� � .'�� ::� � �� } � � �� :� � ;��, �:; ;; � `' ' CITY OF � � ��.� �.,� ,� .� ` R �� ,,,, � �'"'; �"'�`�: OMPSOA! � , \ �,J � � ` ; � /VERV/EW � � ErcHrs O � �,� -�' a � �4��/� � � � 'fA � � �v : 3 �,�' . ; • , J , � `.•� � :�.: zr 1� ° p i° �S' � � f `A � ` �IRONTON REET . t2a : �: C� �� . , c R � .i 2 li z �� Q . SPRI�1 � a4 - y, j i � BPR OOK � , 4 � �R v' a � e A s �V ! �% �� g � rs � �� , +* + � a GLENCO � ' f .��, + 3 ` , �`'� � � � � � PARK / � ,b ,► s.. �z: � • ,,. � Rtii#� rJ. - � � a �. -r , . + - ,/ E � - � T s ' '�` �� .., � i + M+�"' F <, ,o , E(f' . „,, ... � ��;� Z � _. _.__._ -.,�'�,. � ...__ , ._ _ � �"^ �- -- -9 ` . 1� `:_•-�c'• • * K 4 '. , . .. � ��'pM� s � !� 2�. � I99 � . _ � :� ELY CIR. N ELY �" v f�' 8 1(�� 9 Q� � � � r� • � �1 P\' w � • v " ♦ �, 4 �' � , ` 3 a � � �� 418ERTY ST. ' � ♦ Z 1 � � �� i ♦ � `� 6 � � , , .� Q ' �\ � `� x � ` LONGF LI.OW a � \ ` �, \� � '` � ' V� z • ,�� • •� • • � � ��,\♦ �• • • • � • • • • 4 • • , � y _ ....� ... • . � \ • • , • i i l�/ �;j• � 4 • �� t�, •��i� � i' /, •` � .; �`. `'y � •�� 68 . �.. .��_.lR._�_, . RIVER� W • � ..•••• V� '9 . . . ttEIGN T� - �.,. , a� � k ` � �•. •.+.• •.•.•�•.•.'� , , � ti �i ♦ . . .. . 4� � � � � Q ��s ♦ • � • � •�C • i �1vt 1 �sfi �, � • • � � • � \ • �_:3 � . 7b � � � � 1 �Q L • � �,�� 5 '� y� �� • • • • � \ \ .• a ..\ \� . �•� �( e � '� ��.'b •q� ��, ��.�.42 ,•� . � � � �„ ^ . '� �'�, " � M� ♦ ��r• • • '�� , 0_._, � '�.' ,_� ,ti � g ,�p. �� . .�.�f • i � '-�, \ • �,,�� ,� x 0 1e ' 1 ; 1` `o. �o� •,�� , � • •� � I ` o ��'�� • • !— . „ E%;' .t` _ - _. 4P , . ... . • � 8AA ZONING MAP Staff Report SP #93-10, by Stephen Witzel Page 2 Request The petitioner requests that a special use permit be issued to allow the outdoor storage of materials and equipment. The request is for Lots 9 and 10, Block I, Riverview Heights, the same being 505 Fairmont Street N.E. Site The property is located at the intersection of Fairmont Street and East River Road. Located on the property is a garage which is used for office and storage by the petitioner who operates Mobile Maintenance. The property is zoned C-1, Local Business, as are the properties to the east. The property to the north, south, and west is zoned R-1, Single Family Dwelling. Analysis The petitioner purchased the property several years ago in order to use the existing structure on site as an office and storage for his business, Mobile Maintenance. The petitioner repairs mobile homes at their site and bases his operation out of the subject parcel. The petitioner has over the last several years constructed a storage area to the west and north of the structure on the site. Located within the storage area is the petitioner's boat, an RV, a dumpster, and a variety of 55 gallon drums which are used for recycling. In addition, work trailers with a.variety of building materials are sometimes stored within the storage area, but more often are stored in the front yard. In the past, the City has required that all storage yards have hardsurface and concrete curb and gutter around their perimeter. The petitioner will also be required to install a hardsurface driveway from the storage area to the westerly curb cut on Fairmont Street. The petitioner should also provide landscaping on site to increase the amount of green area on the site. The petitioner has constructed an eight foot high screening fence along the south and west sides of the storage area. The petitioner is in the process of completing this screening fence along the north property line. The storage area should on].y be used to store materials and equipment directly related to Mobile Maintenance. Other materials should be relocated to other sites. Recommendation Staff recommends that the Planning Commission recommend approval of the special use permit request with the following stipulations: . � �� Staff Report SP #93-10, by Stephen Witzel Page 3 1. The screening fence shall be completed along the north property line by August 1, 1993. 2. The petitioner shall provide hardsurface and concrete curb and gutter for the storage area by July 1, 1994. The petitioner shall also install a hardsurface driveway from the storage area to the westerly curb cut by July l, 1994. 3. The petitioner shall install landscaping between the two curb cuts on Fairmont Street. 4. The storage area shall be used to store materials and equipment which are directly related to Mobile Maintenance. 5. There shall be no exterior storage of materials and equipment outside of the storage area. 6. The petitioner shall submit the proposed paving plan to the Engineering Department and comply with recommended stipulations. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: l. The screening fence shall be completed along the north property line by August 1, 1993. 2. The petitioner shall install landscaping between the two curb cuts on Fairmont Street. 3. The storage area shall be used to store materials and equipment which are directly related to Mobile Maintenance, and shall not include hazardous chemicals or contaminants or any vehicles which are not street operable and currently licensed. The petitioner has until July l, 1994 to remove the boat currently located in the storage area. 4. There shall be no exterior storage of materials and equipment outside of the storage area. City Council Recommendation Staff recommends that the City Council approve the special use permit request with the stipulations proposed by staff. �� SP 4�93-10 Steve Witzel N.C. HOIUM ANU ASSOCIATE�±,- I��lC. � P, O. 80X 33026- COON RAPiDS � MiNN. 55433 10731 MISSISSIPPI BLVD. N.W., COON RAPIDS, MN ... -,.,. /� CERTIFICATE OF SURVEY:G��D' � ( ,, l� 5 R �' G.�} o � D.�d � v. � � � z � Z. � � V ;� � r � D.7% � � � 1 � � �� 3/�� ` l` �'CoNG ��K O 3/, 3� , � ` : \ O, ` �\ ` ` ` . �� r � LAND SURVEYi Telephone i 42z-�a2) STEVE WITZEL . CON�' ��K. /�5 �� .SCALE: i 6761-259/2� � � � Denotes Ii � - � Denotes I� � i �n.9 �� / I o-, � I � � . �` ; ��.g5 � . __ _ y� x/� ' Lots 9 and 10, B �(/�v RIVERVIEW HEI�HT �� /R � Anoka County, Mi � HEREBY CERTIFY THA7 THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUN OF THE ABOVE DESCRIBED LAND, AND THE IOCATION OF ALL BUILDINGS, THEREON, AND ALL VISIBI CROACHMENTS, IF ANY, FROM OR ON SAIDLAND. ' , AS SURVEYEO BY ME THIS.,,,,lSth November ' .....D A Y 0 F .............................................A.D. 1 .��,._"�._ .. 9..........� , .., : •N.C: HOIUM A " -SSOC�S, IN �. ' � . � • • r •.__._.....__._, .. . . / . � _ � ' ,. . � , •. .�-- - �-� - . . . . _ . �^l . _ . - - • , , :. � SiTE PLAN SP ��93-10 Steve Witzel _ ,. . _ : . , �%��' f� !i �! r.fS /.1� //C ! _� ' �. � ��r � �/ . i C�'e� .v�p�. �,ltn_7�°.r�.,h�^ ��7�t/ ✓r rt�i� 07�/�0�,'� �� i/ � /° o � .�✓mr i.r��i�.� � .�a o�� ,,r� �'� r�.� i� .�.r �''� ...�''c�'.!``""" � �CIII /�'.S r�f e1 C G' Q / �R�.�, r�/`P�/ l.��rd 2/' i - �/� � / . L �//'y �C- a/'Fi � fDn v�' /�-S1' Bo�i( P°X �'v,de �r�xp� + i � . p� £�� }�, ��, �;�e. . Sti . ` � a� � � �� 1 � 6a�� ^, � -�- � _ � O � C� � ` f / �/N�l �1� �J��'r `� h.s / 3'I'G'a l/� ,b�a.�f 7 v� /�°ec►y�� , �� _ , � ;�a►nc• �� S �I,� � �� ,' s �.,, z-� � � � � � �� u � � T�:`y _ � �o��'- �� js /_ � � z � �` �` � ` �r � o /►� �%2 � � /'ra ��/ � ��• w SITE PLAN CITY OF FRIDLEY ' G431 UNIVCRSITY AVCNUC N.C. �'+lttl�t.,T�� NiN �� '�� . . . �_..... .: y .. a . � j' :, ,: , � ,,. �.+ ,:. , ffi12)S�9`1-�45U �OMMUNITY �CV�LO1'MCNT ��PARTMCNT '' Si�1�CI�L iJS� I'�R1V��i A�'1�LIC�.'TION I�O�tM PROPERTY INFORMATION - site plan required for submittal; see attached � � Address: 505 Fairmont Street' Property Identification Number (PIN) R 0330 2424 0128 - Lega1 description: _ _ � ; Lot 9� 1� Block 'z TracdAddition Rzverview ,��ights Sub. to Ease. Current zoning: $- 1 '� Square footage/acreage 6bo� sF , Reason�for special use permii: : Section of City Code: Have you operated a business in a city which required a business license? Yes No �_. If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No � . FEE OWNER TNFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME Nirs. Joan Swenson ADDRESS 2059 2$th Ave. N.W. New Brighton, �t 55112 —� DAYTIME PHONE 636-5380 SIGNATURE �';�-;,.. ,��a,, � DATE 5/ 21 / 93 � PETTTIONER TNFORMATION NAME Stephen Kenneth Witzel ADDRESS 1��q �n4rt, A�P_ N E . 5449 784-7710 DAYTIME PHONE SIGNATURE DATE 5/ 21 / 93 " Fee: $200.00 $100.00 _ Permit SP # � Re� Application received by: � _ Scheduled Planning Commission date: _ _ - Scheduled City Council date: for residential2nd accessory buildings ! lo � � (n �� 93 �FF r _ � Community Development Department PLA,NNING DIVISION City of Fridley DATE: July 1, 1993 � To: William Burns, City Manager �A� FROM: SUBJECT: Barbara Dacy, Community Development Director Steven Barg, Planning Assistant Establish Public Hearing for August 2, 1993 for Parking Ordinance Amendment At its April 26; 1993 City Council conference meeting, the.C�ty Council directed staff to proceed with revision of the hardsurface parking requirement. As you may recall, the City recently lost a court case when an Anoka County Judge ruled our ordinance language unenforceable . At its June 23, 1993 meeting, the Planning Commission passed a motion recommending that the City Council adopt- the parking ordinance amendment. In addition, the Planning Commission requested that staff further research two issues pertaining to parking requirements. Staff will research these issues prior to the August 2, 1993 meeting (please refer to the Planning Commission minutes for further information). Recommendation Staff requests that the City Council establish a public hearing for August 2, 1993 for consideration of an amendment to the Fridley City Code, Chapter 205, entitled "Zoning", by amending Sections 205.07.06, 205.08.06, 205.09.07, and 205.10.06, and renumbering consecutive sections. SB/dn M-93-388 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, August 2, 1993 at 7:30 p.m. for the purpose of: An amendment to the Fridley City Code, Chapter 205, entitled "Zoning,", by amending Sections 205.07.06, 205.08.06, 205.09.07, and 205.10.06, and renumbering consecutive sections: 205.07.06 PERFORMANCE STANDARDS B. Prohibited Parkinct. No outside parking or storage of motor vehicles shall occur except on approved hardsurface driveways and parking stalls. 205.08.06 PERFORMANCE STANDARDS B. Prohibited Parkina. No outside parking or storage of motor vehicles shall occur except on aPproved hardsurface driveways and parking stalls. 205.09.07 PERFORMANCE STANDARDS B. Prohibited Parkinct. No outside parking or storacre of motor vehicles shall occur except on a,pproved hardsurface driveways and parking stalls. 205.10.06 PERFORMANCE STANDARDS B. Prohibited Parkina. No outside parking or storage of motor vehicles shall occur except on approved hardsurface driveways and parking stalls. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than July 26, 1993. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. Publish: July 20, 1993 July 27, 1993 8HH WILLIAM J. NEE MAYOR r � � i Community Development Department PLANNING DI�ISION City of Fridley DATE: July 2, 1993 . � TO: William Burns, City Manager �� • FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Consultant Contract to Provide Wetland Delineation Services; Westwood Engineering In 1991, the Minnesota State Legislature passed the Wetland Conservation Act (WCA). The Act attempts to achieve "no net loss" of wetlands. Between January 1, 1992 and July 1, 1993, local government units have been operating under the WCA interim program. During this time, the Board of Water and Soil Resources has been developing the administrative rules necessary to administer the Act. In 1993, the legislature extended the interim program to January 1, 1994, but approved the administrative rules with some minor revisions as proposed by the Board of Water and Soil Resources. Prior to January 1, 1994, the City will be reguired to pass a wetland ordinance enforcing the requirements of the Act or imposing more stringent development standards. In order to effectively comply with the Wetland Conservation Act and implement any ordinance changes, the City needs to identify the wetlands located within the City limits and to delineate them as to size and type. In order to do this, staff sent six Request for Proposals to consulting companies for wetland delineation services. Of the six, we received four: John Anderson/Wetlands Data SEH BRW Westwood Engineering/Peterson Environmental $10,700 $24,268 $10,950 $ '7, 990 The Request for Proposals requested services for five activities: 1. 2. Reviewing existing maps and aerials to determine the locations of possible wetlands. Field verification and identification of wetlands,, Wetland Delineation Services July 2, 1993 Page 2 3. Delineation of identified wetlands on 1" = 200 scale aerials. 4. Development of a written narrative description of each identified wetland. 5. Determine the public value and the level of sequencing as required by the 1991 Wetland Conservation Act. 6. Submission of findings in a final bound report as well as development of a presentation map. Recommendation The joint proposal submitted by Westwood Engineering and Peterson Environmental Consulting was chosen by staff. This consultant was chosen based on the following criteria: 1. Lowest cost. 2. Most detailed presentation and understanding of the five activities in the Request for Proposal. 3. The consultant demonstrated. a firm understanding of the requirements of the 1991 Wetland Conservation Act and its related administrative rules. 4. Previous project experience regarding wetland delineation. Once the consultant has completed the work tasks, staff will develop a wetland overlay ordinance in compliance with the 1991 Wetland Conservation Act and its administrative rules. Staff recommends that the City Council approve the attached contract in the amount of $7,990.00 for wetland delineation services by Westwood Engineering and Peterson Environmental Consulting. MM/dn M-93-379 � �, Westwood Professional Services. Inc. June 21, 1993 Ms. Micheie McPherson, Planning Assistant City of Fridley Community Development Department 6431 University Avenue Fridley, Minnesota 55432 Dear Ms. McPherson: . 1418U Trunk Hwy. 5 Eden Prairie, MN 55344 612-937-5150 FAX 612-937-5822 Westwood Professional Services, Inc. and Peterson Environmental Consulting, Inc. are very pleased to submit this joint proposal and qualifications package for Wetland Delineation and Evaluation Services. Westwood and Peterson Environmental have carried out a variety of wetland mapping, assessment, and mitigation projects throughout the Twin Cities metropolitan area. Westwood's Environmental Department was established under Ron Peterson four years ago. Today, the two firms frequently collaborate on projects and enjoy a strong and productive association. The Westwood-Peterson team is particularly well suited to accomplish the project you propose. Selection of the Westwood-Peterson team would offer a number of significant advantages: ► Wetland delineation expertise developed during years of field work and coordination with public agencies at every level of government. ► Peer review and quality control at a level only available through the joint venture of two firms on one team. ► Ron Peterson's environmental law background, which will prove useful in guiding the City's approach to administering the Wetland Consenration Act. ► Computer-generated mapping products available from Westwood's CAD operators, who can produce wetland maps at a variety of scales in ARC-INFO compatible format. We believe experience of the Westwood-Peterson team will be of continued value after completion of the delineation and evaluation currently requested. Our involvement in wetland mapping and the myriad of issues related to wetland protection programs will be applicable not only to the wetland inventory, but to future concerns that may arise as wetland mapping and protection programs continue to evolve. We appreciate the opportunity to submit this proposal and we look forward to potentiatly working with you. Very truly yours, WESTWOOD PROFESSIONAL SERVICES, tNC. _/�� IC��' � .1-_ j�t� Robin P: Bouta Wldlife Biologist Enclosure President 9B VYesmooe Grohssronal ServKes. Inc. a an sQual opporlunily a�r. � O � PETERSON � ENVIRONMENTAL CONSULTING, INC. June 21, 1993 Mr. Rob Bouta Westwood Professional Services, Inc. 14180 West I-i'ighway 5 Eden Prairie, MN 55344 Subject: Fridley Wetland Delineation and Evaluation Services Dear Rob: As per our telephone discussioq Peterson Environmental Consulting, Inc. is interested in teaming with Westwood Professional Services, Inc. in carrying out the wetland delinea.tion and evaluation services requested by the city of Fridley in its 7une 3, 1993 Request For Proposals. It is our understanding that our teaming arrangement is exclusive and that neither Westwood nor Peterson wili participate as a member of any other project team. We have enclosed a brief listing of municipal clients for whom we have done wetland delineation projects. These clients may be considered references for delineation work done by Peterson Environmental Consulting, Inc. � We look forward to working with you on this project. Very truly yows, Peterson En�ironmental Consulting, Inc. onald P. eterson President Enclosure 9C 3109 West 76th Slreet, Suite 207 ■ Edina, Minnesota 55435 • 611-831-8565 ■ Fax b 12-831-8735 ROBIN P. BOUTA Page 2 PRiOR E1�'ERIENC� CanSnued Roadside Mariaqemerrt Specialist, Lee County Conservation Board, Montrose, lowa, June 1988-June 1989 Mr. Bouta developed and promoted the first Integrated Roadside Vegetation Management �ogram for Lee County, which utilized native grasses and wildflowers in weed control. ► Planning and supervision of roadside prairie restoration and management activities ► Serving as Lee Counry Weed Commissioner ► Creation of computerized database on roadside vegetation and adjacent land use ► Conducting community meetings and writing monthly newspaper cofumns ► Management of $60,000 annual budget and hiring and supervision of seasonal assistants Wildtite Research Assistant, S.U.N.Y. College of Ernrironmental Science and Forestry, Syracuse, New York, January 1985-May 1988 Mr. Bouta was responsible for investigating the distribution and habitat relationships of threatened spruce grouse populations in the Adirondacks of New York. He supervised t5 assistartts to accomplish the following field work: ► Spruce grouse poputabon surveys irt 29 coruferous forested sites ► Capture and marking of 89 birds, including radio telemetry on 20 grouse ► Vegetation sampling to describe lowland spruce-fi� coniferous forest habitat in five study areas Previous Employrnent, 197& 1984 Mr. Bouta previously spent 19 months as Habitat Management Technician for the Max McGraw Vlrldlife Foundation in Dundee, tllinois. He has temporary experience with the Minnesota, Wisconsin, and Indiana Departments of Natural Resources, the University of Minnesota-Cloquet Forestry Center, the U.S. Forest Service, and the U.S. Fsh and Widlife Service. REGI.S7RA770N Certified Associate Wldiife Biologist PRQFESS/ONAL ASSOClAT10NS ► Former Newsletter Editor, Minnesota Chapter of The Wildlife Society �! ► Member, The Wildlife Society, Nationai Chapter � ► Member, Twin Cities Metro Wetlands Forum PUBUG4T10NSAND PRESEIV7ED PAPEFS � Habitat selecbon by spruce grouse in the Adirondacks of New York. 52nd Midwest Fsh and Wildtife Conference, Minneapolis, Minnesota, December 5-9, 1990 (Caauthor). Five years of transportadon wetland mitigation bankinq in Minnesota. Poster Paper, 52nd Midwest '�' Fish and Wildlife Conference, Minneapolis, Minnesota, December 5-9, 1990 (Co-author). ! Relationship of ad%acent land use to roadside prairie qrass occurrence in Lee County, lowa. Twelfth North American Prairie Conference, University of Northern lowa, Cedar Falls, August 5-9, �' . � 1990. k, Status of threatened spruce grouse populabons in New York: a fustorical perspective. Pages 82 91 in R. S. Mitchell, C. J. Sheviak, and D. J. Leopold, eds. Ecosystem Managemen� Rare � Species and Significant Habitats, New York State Museum Butletin 471,1990 (Co-author). Habitat use by spruce grouse in the Adirondacks of New York. 45th Northeast Fish and wldlife Conference, Ellenville, New Yo�k, May 7-10, 1990 (Co-author). :: � The Lee Counry roadside inventory. design, implementation, and use in manag�menL � lowa Academy of Sciences. Buena Vsta College, Storm Lake, lowa. "1989. ; Stahrs of insular spruce grouse populations in New York's Adirondacks. 43rd N ortheast �ish and „�, Wildlife Conference. Boston, Massachusetts, 1987 (Co-author). Use of /andown�r and resident obse,rvations to evaluafe wild turkey re%ases. Pages 259-268 in J. E. and M. C. Kennamer, eds. Ffth National Wild Turkey Symposium, Des Moines, lowa, ' June 17-20, 1985 (Co-author). �� RESUMES � - — ROBIN P. BOUTA Wildlife Biologist RESI'ONSIB/Ll17ES Mr. Bouta is responsible Ior ernironmental project management at Westwood Professiona! Services as well as preparation of ernironmenial assessments, wetland assessments and permit applications, and other materials concerning wetlands, vegeta6on, and wildlife. EDUGATION . Master of Science in Forest Biology, State University of New York-College of Ernironmental Science and Forestry, Syracuse, 1991 Wlford A. Dence Memorial Award (1987-88) Bachelor of Science in Wildlife Management, University of wsconsin, Stevens Point,1984 Outstanding Senior Student (1984-85), Outstanding Wldlife Student (1983-$4) Who's Who Among Students in American Colleges and Universities (1983-84) Associate of Applied Science in Natival Resources, University of Mi�nesota, Gookston, 1979 Who's Who Among Students in American Junior Colleges (197&79) D'0'ER/EIVCE Since joining Westwood in September oi 1990, Mr. Bouta has prepared environmental review documents, wetland assessments, federal, state, and local government permit applications, and Phase f Environmental Audits. He has written portions of Ernironmental lmpact Statements for major highway projects and he pioncered the applica6on of the Minnesota Wetland Evaluation Methodoloqv for the North Central States to highway projects and comme�-cial developments. With over five years experience in permanent positions, three years of graduate wildlife research, and seasonal smployment with several state and federal natural resource agencies, he is versed in issues pertaining to wetland, prairie, and forest environments. F3EPRFSENTA77VE PROJ�CTS ► Maple Grove Parlcs - wetland mapping, permit applications, replacement design, environmenta! assessment, and prairie seeding specifications; Maple Grove, MN ► I-35W Water Resources Study - prepared we�ands section and applied Wetland Evaluation Methodology for Ernironmental Impact Statemenh, Hennepin and Scott Counties, MN ► TH 212 Environmental Impact Statement - wrote wetland finding, wetland impaci assessment, alternative analysis, and weUand miitigation sections; Hennepin and Carver Counties, MN ► Dufferin Residential Development - mapped and staked boundaries for 77 acres of wetland on 386-acre site; obtained weUand boundary confirmation from Corps of Engineers; Savage, MN ► Waterman's of Lake City - developed methodology for restoration and creation of bottomland hardwood we�ands; Lake City, MN ► Reloca6on of Xyfite Street - wetland defineation, permit applications, compensation design, and impact assessment; prepared FONS1 Supplement for airport runway extension; Slaine, MN ► Phase 1 Environmental Audits - conducted historicat research, site reviev�rs, interriews, and wrote reports to assess the potential for ernironmental contamina6on on sites in Eden Prairie, Anoka, and Brooklyn Park, MN PRIOR EXf'ERIENG� V�Idlife BiologisK. Minnesota Department of Transportation, St. Paul, MN. June 19$9-Aug. 1990 Mr. Bouta was responsible for assessing the impacts of proposed transportation projects on wetlands, wildlife, and vegetation. Specific duties entailed: ► Wetland delineation and classifica6on; mitigation site identification, design, and evaluation ► Preparation and review of environmental assessments for highway projecis ► Preparation of Wetland Construction Guidelines ► Presentations on wetland mitigation and roadside management at training sessions AC v � RESUMES Ronald P. Peterson Page 2 C-� :,,-� ' • :�h � • Wetland element of Trunk H'ighway 53 Corridor Comprehensive Plan - V'uginia, 1Vrnnesota. • Wetland and wildlife habitat analysis for Northwest Boulevazd MDNR protected waters permit - Plymouth, M'innesota. • Needs Study for Urban Wedand Research Facility - Blaine, Niinnesota. • Wetland delineation services for 1,000 acres of undeveloped land proposed for ML7SA line amendment - Woodbury,llTinnesota. • . Expert witness testimony in litigation related to wetland boundaries - Woodbury, Mumesota. • Wetland delineation and mitigation concepts for proposed Purgatory Creek Recreation Area - Eden Prairie,lVLnnesota. • Review and analysis of proposed Coon Creek Watershed District Wetland Ordinance. Vice President, Environmental Services Westwood Professional Services, Inc. Eden Prairie, M'innesota January 1989 to November 1991 ;- �.� . �- Management and administration of eavironmental deparlmern for multi-disciplinary planning and engineering firm supervising the preparation of : • � Emrironmental Impact Statements and other environmental review documents for highways and commercial developments • Phase I pre-purchase environmental audits • MPCA Indirect Source Permit applications • Wetland delineation, pennits and mitigation design • Biological Assessments on threatened and endangered species �:'� - -� .� ' ' • zK • Environmental Assessment Worksheets and Indirect Source Permits for Rockford Road Plaza. in Plymouth and Southport Centre in Apple Valley. • Phase I pre-purchase environmental audits for Promenade redevelopment area in Richfield, Crosstown Woods properry in Eden Prairie and the Thorpe Building in St. Louis Park. • Wetland delineation, permits and mitigaxion designs for Anoka County human Services Center in Blaine, SYSCO 1V�innesota Distribution Center in Mounds vew and 3M Granada Business Park in Oakdale. • Biological Assessment on Bald Eagles for Runway 422 Extension, M'inneapolis - St. Paul International Airport. 9G I � ;, � Rouald P. Peterson Page 3 Senior Associate Barton-A,schman Associates, Inc. Mmneapolis,lL�nnesota May 1984 to January 1989 George W. Barton Award for Excellence, 1988 :�...� . ;' Project management and marketing of services involving the preparation of � • Federal and state Environmental Impact Statements and other environmental review F� . documents for highways, airports and private commercial developments Preliminary design documents for federai-aid highway projects - MPCA Indirect Source Permit applications � : Wetland delineation, permits and mitigation design Biological Assessments on threatened and eadangered species I:-. -�..� �.:,n • Federal Environmental Impact Statements and Environmernal Assessmeuts for Forest I�'ighway 11 in St. Louis and Lake Counties and Forest H'ighway 69 in Itasca County. • State Environmental Impact Statement for Mumesota Cerner in Bloomington. • Wetland mitigation design and Corps of Engineers Section 404 Permit for expansion of Anoka Courny-Blaine Airport. • Biologicai Assessmern on Bald Eagles for expansion of St. Paul Dowrnown Airport. Wildlife Biologist Minnesota Department of Transportation St. Paul, Muinesota July � 1980 to May 1984 Outstanding Employee Award, 1984 �' � f 1 t A" ;� Provision of depaitment-wide policy guidance on natural resource issues and preparation of: Federal Environmental Impact Statements and Environmental Assessments on highway � and airport projects � • Wetland delinea.tion, rnitigation design and preparation of federal Wetland F'mdings ��` • Biological Assessments on threatened and endangered species t:-.-•i. -'•-y • FederaI Environmental Impact Statements for I-394 in Hennepin County, I-494 in Dakota � County and expansion for St. Paul Downtown Airport. 1 • Biological Assessment of Bald Eagles for Wabasha Bridge. • Development of MnDOT Wetland 1Vlitigation Banking System. ;, �� 9H � � � �J � �J Ronald P. Peterson Page 4 Independent Environmental Consultant July 1980 to May 1984 R�resentative Pr�iects: •� Design and installation of lake ouffiow monitoring system for Willow Lake in Vadnais Heights. • Preparation of lake management plan for the City of Mounds �ew. • Expert witness in contested case hearings on MDNR. pemnits and environmental review documents. Wildlife Biologist Kansas Fish and Game Commission Valley Falls, Kansas January 1979 to July 1980 Respansit�ilities: � • Mana.gement and administration of a 12,000 acre public w�dlife area and three state recreation lakes • Supervision of private lands habitat development program for seven counties � Preparation of federal-aid applications and a.gricultival leases � � � L�J � PROFESSIONAL ASSOCIATION AND ACTIVITIES • Metro Area Wetlands Fonim, Chairman • Metropolitan State Umversity, Adjunct Faculty Member • Nlirinesota and Hennepin County Bar Associations • Ad Hoc Curriculum Committee, Universifiy ofMunesota Wildlife Department • Sensible Land Use Coalirion • Wildlife Society Bulletin, RefereeJReviewer PIIBLICATI4NS AND PRESENTATIONS We 1 nd R.e�lation in NLnnesota� Navigatin�the Arclv l�e ago- 11Tinnesota Continuing Legal Education, Mumesota State Baz Association, June 1990. The Va1ue of Wetlands to Co�mPrci� and Residential Develo� Water Talk, l�nnesota rDepartment of Natural Resources, Wurter Edition 1989-90 (Presented to Americau Planning Association Conference, Spring 1990). i� � � r Protecting,.Co fiden i��jr in EnvirotLment�l ALCLits_ M'innesota Real Esta.te Law Journal, July - August 1988, (Presemed to Hennepin County Bar Association Environmental La.w Committee, 1988). . i� 4�,ge and S�, S ��re�,�nd Produetivitv of N�isance Bea.ver Golonies in North-C;entrai Wisconsin_ Joumal of Wildlife Management 50(2):265-268, 1986. 91 1 Wesiwood Professional SeNices, Inc. June 29, 1993 Ms. Michele McPherson, Planning Assistant City of Fridley Community Development Department 6431 University Avenue Fridley, Minnesota 55432 Re: Scope of Work and Cost Proposal: Fridley Wetland Delineation and Evaluation Dear Ms. McPherson: . 14180 Trunk Hwy. 5 Eden P�airie, MN 55344 612-937-5150 fAX 612-937-5822 As we discussed on June 25, Westwood Professional Services, Inc. and Peterson Environmental Consulting, Inc. are pleased and excited that the City of Fridley has selected the Westwood-Peterson team to provide wetland delineation and evaluation se�vices. The two {ximary project personnel will be Mr. Rob Bouta of Westwood Professional Services and Mr. Ron Peterson of Peterson Environmental Consulting. Mr. Bouta will be the project ma�ager and the primary person from Westwood working on the project. He will conduct the majority of field work and coordinate with Westwood's Engineering Department to oversee the production digitized wetland maps. Mr. Bouta's charge rate is $55.00/hour; CAO operators'involved in preparation of digitized wetland maps wilt be billed at $45.00/hour. Mr. Peterson will provide project oversight and quality control for wetland delineations and evaluations, and will contribute to strategic elements of the Fnal Report, with special attention to sequencing and Wetland Conservation Act administration recommendations. Mr. Peterson's time will be billed at $95.00; time for other Pet�-son Environmental staff who may be involved in this project will be billed at a lower rate. The Tasks we have agreed to provide are as follows: SCOPE OF WORK Task 1 Map and A�erial Photo Review to Identity Potenlial Wetland Locations Existing wetland maps will be reviewed in combination with half-section (1"=200'scale) a�ial photographs to identify areas to be reviewed in the field to delineate and verify wetland boundaries. In addition to National Wetland Inventory Maps and Protected Waters Inventory Maps, Metropolitan Mosquito Control District Maps wiil be reviewed to identiiy potential wetland iocations. Task 2 Feld Verification of WeUand Locations Wetland locations will be verified in the field using the Federal Manual for ldentifying and Delineating Jurisdictional Wetlands (Federal Interagency Committee for Wetland Delineation, 1989). In order to achieve efficient project implementation, wetland boundaries and wetland classifications will also be determined during this field review. Thus, Tasks 2 and 3 will be combined 'in actual project implementation. Task 3 Wetland Delineation and qassification Jurisdictional wetland boundaries will be delineated on 1"=200' scale aerial photographs. Wetlands will be classified according to Wetlands of the United States (U.S. Fish and Wildlife Service Circular 39; Shaw and Fredine, 1971) and Wet/ands and Deepwater Habitats of the United States (FWS/ OBS Publication 79/31; Cowardin et al. 1979). Although only the Circular 39 classification system was cited in the Request for Proposal, it will also be necessary to determine Cowardin classifications because the rules of the Wetland Conservation Act use abbreviated Cowardin classifications in evaluation of wetland values. YYesMrooE Profassio�al Se�l�a� syu�l oppmlu�iY m�qbYe�. Ms. Micheie McPherson June 29, 1993 Page 2 Additional information to be collected during the delineation site visit will include predominant vegetation species, water source, inlet/outlet characteristics, evidence of past degradation or partiai drainage, and unique natural features. Wetlands classified as protected waters by the Minnesota DNR will aiso be noted. All information will be recorded on standard data sheets designed to meet the needs of the City. Task 4 Draft Report Preparation A narrative and tabulated report will be prepared to summarize the findings of the delineation and evaluation. Each basin wilt be given an alpha-numeric designation based on its location in the City. The report will address the location, size, classifications, sequencing level, predominant vegetation, inlet/outlet characteristics, jurisdiction, and watershed (hydrologic unit) of each basin. The list of wetland parameters to be included in the report will be open to potential revision to accommodate the needs of the City. An effort will be made to tabulate as much inEormation as possible to facilitate quick referencing of wettand information. TaslcS Public Value and Sequencing Evaluation The RFP ca11s for the consultant to calculate, based on the proposed BWSR rules under the We�and Conservation Act, the public value for each identified wetland. However, the rules do not provide a methodology that readily lends itself to establishing a numerical ranking of weUands according to their public value. The wetland replacement matrix in the rules (and its ancillary formulas for inlet/outlet characteristics and hydrologic units) provides ratios far "out-of-kind" reptacement of wetlands. However, the matrix does not provide any stand-alone rankings of the various wetland types. We will provide the City with each of the elements required in the BWSR rules for determining wetland replacement needs. These include: (1) Cowardin wetland classification, t2) inlet/outlet type, and (3) hydro{ogic unit. With lhese data compited for all identified wetlands, the City will be able to readily apply the wetland replacement matrix to any project for which weUand replacement is necessary. We believe this is the City's primary need to facilitate local administration of the Wettand Conservation Act. However, if the City would also like to apply a qualitative ranking system to delineated wetlands that would be suitable for planning and protection prioritization, we are open.to modifications to this proposal. The report prepared under Task 4 will include a reproduction of the wetland value matrix contained in the BWSR rules and a translation of the abbreviated Cowardin classifications used in this matrix. The administrative rules set three levels of sequencing, which are based on the size of the wetland area to be filled or drained. Wetland fills of less than 400 square feet are considered de minimis and therefore eligible for a no-loss determination under the Act. For wetland fills of 400 to 4,356 square feet (i.e., < 0.1 acre), the City may make a sequencing determination without requiring a project justification submitted by the applicant. Any project proposing more than 0.1 acre of wetland fill is subject to full sequencing under the Act. The U.S. Army Corps of Engineers' Regional Conditions to Nationwide Permit 26 apply the de minimis determination to fills of less than one-half acre in isolated basins. In order to assist the City in dete��mining acceptable sequencing, we will determine the size all wetlands encompassing one-half acre or less. The applicabie sequencing level will be coded for each basin and explained in the report prepared under Task 4. Task 6 Fnal Report and Map Preparation City staff will be given an opportunity to review and recommend revision of the draft report prepared under Task 4. Prior to development of the Fnal Report, the consultants will meet with City staff to obtain comments on and discuss revisions to the Draft Report. Ten copies of the final report will be provided to . the City in bound 8 1/2 x 11" format. Wetland boundaries will be delineated on aerial photographs, digitized in AutoCAD (Version 12), and exported to a disk in OXF format, which can be imported and read by ARC-INFO. Wetland boundaries and classifications will be drawn and labeled on a City map in AutoCAD and plotted for display at 24" x 3C'. � 9K Ms. Michele McPherson June 29, 1993 Page 3 PROJECT SCHEDULE In developing this schedule, we have assumed that Gty Council approval of the proposed tasks and budget would be granted at the July 6 Council Meeting, and that work wouid begin on July 7. Date July August September October 15 1 15 1 15 1 15 Task 1 Map and Photo Review (Ju�y 6-12) aoac 2 Feld Verification of Wetland Locations (July 12 - July 26) �OC� 3 Wetland Delineation and Ciassification (July 26 - September 7) caccccccca��caaccoa�oa�a 4 Draft Report Preparation (September 7- September 24) �� 5 Public Value and Sequencing Evaluation (September 7- September 24) cacaacccaa 6 Final Report and Map Preparation (September 7- October 22) COSTAND 77MEES77MATES We have estimated the fees for providing the requested services to total $7,990.00, which would be broken down by Task as follows: � Task 1 Map and Aerial Photo Review--------------------Estimated Fee: $385.00 Westwood Professional Services Biotogist: 7 hours @ $55/hour Task 2 Field Verification of Wetland Locations.....Estimated Fee: $770.00 Westwood Professional S�rvices Biologist: 15 hours @ $55/hour Task 3 WeUand Delineation and Classification.....Estimated Fee: $3510.00 Westwood Professional Services Peterson Environmental Consu/ting Biologist: 50 hours @$55/hour President: 8 hours @$95/hour Task 4 Draft Report Preparation ............................Estimated Fee= $1165_00 Westwood Professional Services Peterson Environmental Consu/ting Biologist: 16 hours @$55/hour President: 3 hours @$95/hour Task 5 Public Value and Sequencing Evaluation_.Estimated Fee: $220.00 (Determination of wetland area for all basins less than one-half acre in size) Westwood Professional Services Biologist: 4 hours @ $55/hour Task 6 Fnal Report and Map Preparation........._.Eslimated Fee: 51940.00 Westwood Professional Services Pete,rson Environmental Consulting Biologist: 7 hours C$55/hour Presidenr 5 hours @$95/hour CAD Operator: 24 hours @ $45/hour 9L Ms. Michete McPherson June 29, 1993 Page 4 ASS(/MP770NS 1. The City will provide all maps and aerial photographs required for completion of the specified tasks. Blueprint copies of aerial photographs will be necessary for accurate delineation of wetland boundaries in the field. In some cases, it may also be desirable to review twafoot contour mapping. 2. The City will provide locational contr-ol points and distances required for registering digitized wetland boundaries. It will be necessary to identify control points such as section corners on the 1" = 200' scale aerial photographs to be used in the delineation. 3. Estimated fees do not include time for detailed meetings with City staff or presentation of findings at City Council meetings. We have assumed that most coordination with the City can be accomplished via telephone. However, we have included time for one meeting with City staff to discuss revisions to be made to the Draft Report. 4. All work wilt be invoiced irom Westwood Proiessional Services. Invoices from Peterson Environmentat Consulting will be passed on at cost to the Client. Although Westwood does not charge for project-related travel within the Metro area, project-related travel by Peterson Environmental Consulting will be invoiced at $0.28/mile. COMPENSA770N The tasks listed in the foregoing Scope of Work will be provided on an hourly basis in accordance with the attached fee schedule and general contract conditions. We estimate the cost of completing these tasks to be $7,990.00. This amount includes duplication costs related to production of ten copies of the final report. The estimated fee of $7,990.0 will not be exceeded without prior authorization irom you. Any special reports, studies, agency coordination, permit applications, revisions or other services not contained in the Scope of Work and ordered by the Client shall be performed on a per diem basis in accordance with the attached fee schedule. All work will be billed monthly, based on the pro-rata amount of work performed during the previous month. All invoices are due and payable upon receipt. All invoices outstanding thirty days or more from billing date will be charged a finance_charge (interest) at the rate of 1.25% per month. Please let us know if you have any questions on this proposal or if you wish to explore any addifional tasks. A signed and returned copy of this lett� proposal, combined with City Council approval, will serve as our authorization to proceed. We appreciate this opportunity and look forward to working with you. Very truly yours, WESTWOOD PROFESSIONAL SERVICES, INC. ' /i. �J Robin P. Bouta Wldlife Biologist Enclosures: fee schedule general contract conditions ACCEPTEO AND APPROVED BY: William W. Burns, City Manager City of Fridley 9 � Date Westwood Professionai Services, Inc. . 14180 Trunk Hwy. 5 Eden Prairie, MN 55344 612•937-5150 FAX 612-937-5822 FEE SCHEDULE FOR PROFESSIONAL SERVICES MARCH 1, 1993 In general, where it is possibie to detertnine in advance the SCOPE OF A PROJECT and the time and effo�t the Project wiil require, the fee basis for Engineering Services will be a percerrtage of consttudion cost or lump sum. Where this is impossible, because of the complex �atuFe of woiic taslcs that are variable in �ature and where the time required is controlled by the Clierrt. citizen involvemerrts and environmental problems. where the time requirement is beyond the co�trol of the Consultarrt. the following fee schedule witl apply. Charges for Other Dired Costs and facilities fumished by Westwood are computed on the basis of acival cost plus 15 percent. Classification Hourlv Rate PrincipalEngineer .......................................................................................................85.00 Principal PlanneNLandscape Archited .............................................:...........................85.OQ Principal Registered land Surveyor ..........................................................:..................85.00 Senior Transportation Engineer ...................................................................................75.00 Senior Projed Engineer/Planner/Landscape Archited .................................................75.00 Project EngineedSurveyo�ILandscape Architect ..........................................................65.00 Wldlife Biologist/Environmenta! Scientist ....................................................................55.00 Survey Coordinator/Engineer ................................•---............................................:..... 55.00 Senior Engineering Technician ....................................................................................52.00 Planner/Landscape Architect .......................................................................................48.00 Se�ior Construction Coordinator............• .....................................................................52:00 ComputerOraftsman ...................................................................................................45.00 Engineeri�g Tech�ician ..........................................:.................................................... 40.00 Consiruction Observer .................................................................................................45.00 Associate Planner/Landscape A�chitect .......................................................................4Q.00 Drafting, Technical Writer .................:..........................................................................35.00 Engineering Aide, Ctericai/Graphic ..............................................................................30.00 Two-Person Survey Crew ............................................................................................80.00 Three-Person Survey Crew -• ....................................................................................... 97.00 Expert Witness - Court Appearance/Deposition ........................................................... 2 x rate No charge for mileage within the Twin City Metro area No cha�ge for in-house computer or plotte� time There is a finance charqe of 1.2596 per monM (15% annwl percennye nte� appl'9 N which hsve become mate th.n 30 days pasl due bazed on billirp d:.:e shcwn on ai�ieal inw�ce. Wssnwod Prdessw�al Sanicts, lnc. i� �n aWtl opportuniry employer. GENERAL CONDITIONS TO CONTRACTIAGREEMENT ��''" FOR PROFESStONAL SERVtCES Westwood Professional Services, Inc. sECna+ , . sco� oF uoa�c WfiSTW00� PROFESSIONAL SERVICES. INC. (he�einafter called WESTW000) shall perform the services defined in this c�tract. and shall irnroice the 0.IENT for those sarvices at the rates show� on the attached FEE SCHfDUI.E. For exte�ded projects� the billing rates may i�crease on January tst of each year at a� annual rate rrot to exceed lOZ. Any estimate of cost to the CLiENT as stated in this contract shall not be considered as a firm fiqure. but or�ly as an estimate. unless othen+ise spaeifically stated i� the contract. WESTW000 .+ili provide additional services u�der this contract. as required to cpnplete the assignment. and/or as authorized by the CLIENT and r'equested by the CLIENT with ehdr'qes for those additional se�^v; ces i rnroi ced at the stated ratss. SECTION 2. RESF�ONSIBILITIES 2.1 WESTW000 will not be responsibie for the failure of others to perform in accorda�ce with the spacifiptions or eontract docume�ts,.and WESTW000's services shall i� no vay relieve others of their respo�sibilities. 2.2 CLIENT vill make available to WESTN000 ail kno.+� inforniation regarding existing and proposed c�ditions of the site a�d project to be undertake�. CLIENT will immediateiy provide NESTW000 vitfi any nev informatio� vhich becomes available to it or tts ca�rnctors vhich differs materially from informatio� previously provided. but inc]uding all chanqes in pians. NESTW000 has the rigfit to rely on the informatio� corrtained in documents provided by the CLIENT. SECTIQN 3_ ESTIHATED (�Sf WESTIJOOD vill use its best efforts to perform the .+ork a�d accomolish Lhe objecLives defined in the scope or 4rork •.ithin the estimated CosLS and schedule pr000sed. The estimated casts and schedule proposed are based on our bes� judgment or the requir�nents kr+oa� ac whe �ime of the oroposal. Successrul cnmpietion vithin pst and schedule limits can Se influenced - favorably or adversely - by � •� changes in wrk scope a�d schedule as dietated by client needs and by presently unforeseen circumstances. WES7W000 vill notify the CLIENT in adva�ce if schedule or costs are exPected to ex�d tfie estimate. In such event. tfie CLIENT may wish to (1) authorize additio�al funds to caaplete the �+ork as originally defi�ed, (2) redefine the scope of work in order to fit the remalning funds, or (3) request that work be stopped at a specific expenditure level. If option 3 is ehose�. WESTN000 will turn over sueh data. results and materials completed at the authorized ]evel without further obligatio� o� liability Lo either party except for payment for wrk performed. SEClION 4. PAYPENT. INl'ERESf AND BRfJ�Cfi 4.1 CLIENT aqrees to pay imroiCes on receipt. and to pay interest on unpaid bata�ces beginninq tfiirty days after irnroice dafe at the rate of 1.SZ per mo�th. but r�ot to excead the maximurn rate estabiished by 7aw. 4.2 In tt�e event CLIENT fails to pay WESTW000 vith�n 60 days followirg tfie invoice date. WESiW000 may co�siCer the default a total breach of this Agreement and may. at its discretion� terminate all of its duties withaut liacility to WESTW000 or others. SECTION 5. If�Si1RANCF wESTW000 vill fur�ish certificates of i�surance upon request. If the CLIENT requests increased i�surance cover�e. WES7W000 vill take out �diti�al insurance, if obtainable. �at the CLIENT'S exQense. but shall have no liability beyo�d the limits a�d conditions of the imurance coverage. SEC1'ION 6. HAZAROOUS WASTE Except as exoressly orovided elsewhe�e in this con�rac�, NES7N000 is under no ducy or obiigation �a discove� or disclose to CLi�NT any knoviedge regarding :ne exis�ance oi hazardous subszances an `he prope:°t� caverod by this agreement or adjoining prooerzies. CL!ENT agrees _� . of� GENERAL CONDITIONS ��' indem�ify and hold WESi1�000 harmless from and aqai� all claims reiated to hazardous substances arising out of or resulting from the performa�ce of our vork or hazardous substance-related ciaims aqai�st NE$TYJ00p arising from t}�e work of others. SEC'TIaN 7. STANOJIRO OF GIRE In pee-forming its services. WEST1JOOp vill use that degree of care and skill ordinarily exercised under similar circumsta�ces by reputable members of tts profassion practicing in the same 7ocaiity. No other warrarrty is made or i�tendeC, SECTION 8. LIEi�! RI6FfTS NEST1�J000 hereby qives notice that. pursuant to M1nn. Stat. Chapte� 514, it retains the riqht to file a lien aqainst real property in the event of non-payment of invoioes fcr engineering� larrdscape archftecture. surveyi�g� planning or enviro�mental services performed vith respecr to the �+bJ� P�"oPe+`ty. The lien vili be prepared and filed i� accordance with pertinertt laws of the State of Mi�nespta. � • •• ��a• � � . . ra., Neither WESTW000 rwr CLIENT vili be liable to the other for any indirect� i�cidental. special or co�sequential damages (including loss of anticipated profits, business i�terruption. good will or other economic or commerc�al loss) relatirg to the se,�,ices rendered. SECTION 10. 7'ERMIWiTION Either WESTWOOD or CLIENT may termi�dte this agreeme�tt by qiving fourteen (14) days' writte� notice to the other party, In the event of such termination� for whatever cause, the CLIENT shall pay NESTNp00 the costs that WESTNOOD has incurred to the effective date of termination, including any obligations, commitments and unseL�led claims plus any charges due and oving by Lhe CL:�NT as oT the date or termination to include reasonable terrninaiion expenses. Uoon payment, any and ail ooligations and liabilities of the par�ies nereto shail term;nate. • � SECTION 11. 04�R9iiP OF DOC(l�1ENT$ If requested. the Client vill be prcvided reproducible capies of original drawi�gs for their use. Origina] signeC Orawinqs and Specifications as instruments of service are� a�d shall remain the property of WES71d000, whether the projeet for vhich they are made is executed. or not. 41ESTNOOp is not to reuse these draainqs. or any part thereof. for any othe� clierrt that WESTtJ000 may have, without the vritten approval of the CLIENT. 7hese drawi�gs are not to be used by the C�IENT o� other projecis, or extensions to this project. excepc by agr�eemant i� writi�g and with appropriate ca�pensation to WES7I,�DOD. SECrION 12. RELATIONSHIP Of PARTIES WESiW000 vilt act soiely as an indepe�dent coetraC„or of the CL.IENT and rwt as the CLI£NT'S agent for anY P�+*'Pose- Neither WESTWOOU nor the CLIENT may enter into any aqreemeni or assume any obligation for ehe other, and nothi�g herein may be construed to esLablish any partnershiP. joirrt venture or principal-age�t relatio�ship 6etr+een WES71�1000 and tfie CI.IENT. SECrION 73. FORCE MAJEURE �1ESTW000 will have no liability for any failure to perform or delay in performance due to any circvmstances beyond its reasonable corttrol, including. but not limited to� strikes. riots. wars. fire. flood� explosio�. aCS of nature. acts of government. labor disputes. delays i� tra�sportation or i�ability to obtai� material or equipment. In the event of a�y deiay in performance due to any such circumstances, the time for performance vill be �ctended by a period of time necessary to overcort,e the effect of sucfi deiay. and the CLIENT will not be entit]ed to refuse performance or otherwise be relieved of any obliqations. SECTION 14. � ANO �ISSIGNS The CLIF.NT and t+ESTW000 eacti binds itseif, i«s su�essors. assigns and legal rsoresentatives to the other aaryo uT this agreement and to the successors, assiqns and 1�a1 reoresentatives or sucfi ather par_y vith rssoect :o all ^�i3 GENERAL CONDITIONS ��' provisio�s of the aqreeme�t. Neither the CLIENT nor WESTW000 sha11 assig�. set over or transfer his i�erest in this agreement. in whole. or in part. aithput the prior written consent of the other. a�d any act i� deroqation hereof. shall. at the option of the non-assig�inq party� render tfie writte� aqreement tertininated. SECTIaN 15. ARBITRATION All c]aims. disputes and other matters in question arising out of, or re]atinq to. this Agreement or the breach theraof shall be decided by arbitratio� in accordanoe .+ith the Construction Industry Arbitration Rutes of the American Arbitration Association then obtaininq uniess the parties mutually aqree otherwise in writi�g. This agreement to arbitrate shall be specifically enforeeable under the prevailin9 arbitratian law in the State of Minnesota. Notice of the demand for arbitratio� shall be f91ed in vritinq with tfie othe� party to this aqreement and vitt� tt�e American Arbitration Association. The demand shall ba made within a reaso�able time after tt�e claim� dispute or other matter in question has arisen. In no evertt, snall the demand for arbitration be made after the date when institation of legal or equitable proceediru�s based on such ciaim� dispute or other matter in question would be barred by the appiicable statute of iiaitation. Al1 arbitrations vill be conducted in Hennepin Cou�ty� Minnesota. The award re�dered by the arbitrators shall be final and judqment may be entered upo� it in aecordance vith app7icable law i� any court having jurisdietio� thereof. Arbitratio�s of claims arising from this aqreement sha]1 not be consolidated with any otfier arbitration proceedi�qs except by written ea�se�t of the parties. SECfION 76. EMIRE AGREEI�IQ�IT The CLIENT'S engageme�t of WEST4IQ00 to perform work represents the CLIENT'S accepta�ce of the terms and conditions co�tained herein, vhich constitute the entire understanding betveen WESTW000 and the CLIENT and suoersede and previous camK,nications, representaLions or 3greement by gither party, vnether oral or v�itten. The *_erms and conditions co�tained heroin take precedence over �:�e CLIENT'S additional or differenL terms 3nd qnditions Lhat may be cantained in any purchase order, �.ork order, invoice, gate pass, acicnoviedgement .'orm, manifes� or other document forvarded by the CLiENT to WESTK000 �o vnich nati�e of objection is hereoy qiven. Unless ochen.�ise agreed to in w�iting by an orficer of aESit�1000, • � the CLIENT'S engaqement of WESTh1000 is li�nited to these terms aad conditto�s. WESTW000'S commencement of perfornwnce vill �ot be dee�ned or constrved as aoceptance of Lhe CLIENT'S additio�al or different te�ms a�d conditions. Mo change of aMr of the terms or oor�ditio� hee-ei� wiil be va7id or bindtnq on either party u�less in w�iting a�d sig�ed by the ow�er or and officer of CLIENT a�d by an officer of 4�ESTW00p. If any of the provisions hereof are invalid under any applicable statute or rvle of law. such provisio�s are. to that extent. deemed omitted. but the remaini�g te�-ms and conditions of this aqreement will remain otherwise i� effect. There are no understandinqs. aqreements. represe�tations or warranties. express or imp]ied� that are not specified herein respecting the wb;ject hereof. SECrION 17. APPLICABL.E (JW This agreement shall. be governed by the laws of the State of Min�esota. SECrION 18. EEO/AA Westwood is an Equal Employment OQportunity/Affirmative Action Employer. 3of3 � _ � DATE: TO: FROM: SUBJECT: Background Community Development Department PLANIVING DIVISION City of Fridley July 1, 1993 William Burns, City Manager �� Barbara Dacy, CoYnmunity Development Director Steven Barg, Planning Assistant Public Nuisance Abatement at 513 Fairmont Street N.E. Recently, several residents living near the above-referenced property have voiced serious concerns about maintenance of this site. Staff has been involved with this property previously, and the City acted administratively to board windows and the rear door last summer in accordance with Minnesota State Statute 463.251. It is our understanding that this house has been vacant for more than one year. Approximately one month ago, staff spoke with Amy Lindsey of Sears Mortgage Company regarding this problem. Ms. Lindsey indicated that the property was the responsibility of Sears Mortgage, and she was unaware of any attempts to convey the property to HUD. Ms. Lindsey also stated that she believed a local contractor had been assigned to inspect the site and resolve any maintenance issues, but was unable to provide a contractor name or telephone number. After several weeks passed without correction of the problems, staff sent a letter (copy attached) to the property owner of record and Sears Mortgage Company advising that the City was considering pursuing this matter as a public nuisance under Fridley City Code Chapter 110. Since that time, we have not been contacted by the listed property owner nor the mortgage company. On June 29, 1993, I observed work occurring at this site. Upon speaking with these parties, I was informed that they had been directed to perform clean-up work on this property by HUD, and that the issues I described would be resolved. However, a reinspection conducted on July 1, 1993 revealed that the only maintenance work completed was cutting the grass and removal of some brush. I have since contacted HUD and been infa�med that itl�iey are not aware of plans for conveyance of this p�q�aer�� ta them by Sears Mortgage. Public Nuisance; 513 Fairmont Street N.E. July 1, 1993 Page 2 The neighbors have asserted to staff that the four dead trees on the site combined with brush and other storage in the back yard constitute a public nuisance as defined in Chapter 110.02, Section 1. Staff concurs that these conditions could pose a health and safety risk which may constitute a public nuisance as defined by the City Code. It is our understanding that several neighbors will be in attendance at the July 6, 1993 meeting. Recommendation Staff recommends that the City Council authorize abatement of those conditions deemed to be a public nuisance. The cost of this abatement would be assessed to the property as outlined in the Fridley City Code, Chapter 110. SB/dn M-93-391 � � � � t �� ) ♦ � _ CITYOF FRtDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(6121571-3450 • FAX (612) 571-1287 June 21, 1993 Mabel Cooper 513 Fairmont Street N.E. Fridley, MN 55432 RE: Property at 513 Fairmont Street N.E. Dear Ms. Cooper: Fridley City Code 110 (copy enclosed) defines public nuisances and outlines the process for abatement. A recent inspection of the property at 513 Fairmont Street revealed the existence of nuisance conditions. These must be abated as follows: l. Remove and dispose of large brushpile in the rear yard: 2. Cut and remove several dead/dying trees located across the property creating potential safety hazard. 3. Discontinue outside storage of materials in rear yard. Please take action immediately to correct these problems or make arrangements with me to complete the work on an approved timetable. Should you not follow either of the above courses of action by July 6, 1993, I will refer this to the City Council for consideration of nuisance abatement. If Council approves the abatement, the City will-remove the violations and bill you in accordance with the enclosed code sections. - Feel free to call me at (612) 572-3595 if you have questions or wish to discuss this further. Thanks for your cooperation! Sincerely, Steven Barg Planning Assistant SB:sb CE-93-295 � cc: Sears Mortgage Amy Lindsay 568 Atrium Drive Vernon Hills, IL 60061 � � � DATE:. TO: , FROM: SUBJECT: Community Development Department PLAS�TNING DIVISION City of Fridley August 13, 1992 William Burns, City Manager Barbara Dacy, Community Development Director Steven Barg, Planning Assistant Consideration of Taking Action to Secure Vacant Buildings / 513 Fairmont Street N.E. On June 17, 1992, I received a complaint regarding the condition of the above referenced property.- Subsequently, I conducted an inspection and observed that.the house appeared to be vacant and had not been fully secured. Specifically, the'rear door was missing a large pane of glass and was not locked. In addition, a large window on the property's east side was missing and had been covered �with plastic. Also, I observed unlawful outside-.storage including a small portable shed located in the front yard, two tires along the east side of the-house, and a minor amount of brush in the rear yard. Finally, the east wall of the residence was in �extremely poor condition. � _ On my initial inspection, I abserved a notice on the.front door indicating that the Anoka County Sheriff's Department had evicted the property .owner and was directing inquiries to the Sheriff's office.. Upon contacting the Sheriff's office, I was referred�to Robert Howe who was supposedly the attorney representing the present owner�of this residence. Since that time, I have written two letters to Mabel Cooper who is listed as the property owner on the Anoka County Assessing records, Sears Mortgage Company that is listed as the taxpayer, and.Mr. Howe. In addition, I have had two telephone conversations with Mr. Howe who refused to provide me with the name of his client. During the past eight weeks, it does not appear that any progress has been made in impro�ing this site, except that one or more unknown parties have been cutting the grass. On August 13, 1992, I reinspected this property and found it to be substantially in noncompliance with the terms "of my letters. Specifically, I observed the door and window on the residence still unsecured and the outside storage as it had been on June 17, 1992. In addition, since I had received an additional telephone call indicating that the garage was not secured, I checked this structure as well and observed it to be unsecured also. 513 Fairmont Street N.E. August 13, 1992 Page 2 Minnesota State Statute 463.251 (copy for .cities to sec such action upon previously, it is remain unsecured. ure vacant buildings appropriate notice of quite apparent that attached) grants authority if the owner does not take the violation. As stated both the house and garage Attached are copies of all correspondence sent to the various parties with potential interests in this site. Specifically, the correspondence sent on July 24, 1992, was used to fulfill the. notification requirements indicated in the above referenced statute. Recommendation Unless otherwise directed, staff will take corrective action or contract for such action to fully secure both structures on the property. After this action is completed, the property owner may be billed and, if this invoice is not paid within 30 days, this amount .may be assessed- against the property. A resolution authorizing the assessment may need to be approved by City Council on a future agenda. � � SB:ls CEM-92-60 10D .� � d 110. PUB,I,IC NULSANCE (Ref. 374, 714) 110.01. MIl�II�ff'SO�rA S'T�VIES BY RII�2IIJ� Minnesota Statutes Sections 609.74 and 609.745 are hereby acbpted by reference and shall be in full force and effect in the City of Fridley as if set out here in full. 110.02. PUBLIC N[TI.S�CE DEFIldPa Whoever, by an act or failure to perfozm a legal duty, intentionally does any of the follawing is guilty of maintaining a public nuisance, which is a misdeneanor: 1. Ma.intains or permits a condition which unreasonably annoys, injures or endangers the safety, health, oomfort, or repose of any oonsiderable n�anber of inemUers of the pubiic. 2. Interferes with, obstructs, or renders dangerous for passage ariy public highway or right-of-way, or waters used by the public. 3. Causes obstruction or excavation affecting the ordinary use by the pub2ic of streets, alleys, sic3e�walks, or public grounds, except under such conditions as are permitted by this Code or other ap�plicable law. 4. Causes any well, hole or similar eaocavation to be left imcovered or in such other candition as to oonstitute a hazard to any child or other person ooming on the preti.ses where it is located. 5. Accumulates in the open discarded or disused machinery, household appliances and furnishings, or other mat�erials; or stores in the open machinery, equipment, cars, or materials not in normal use on the premises where stored, in a manner conducive to the harboring of rats, mioe, snakes, or vermin, or to fire, health or safety hazards fran such acc�anulations, or from the rank growth of vegetation among the itgns so a�ulated. ' 6. Is guilty of ariy other act or omission declared by law to be a public nuisance and for which no sentence is specifical.ly pravided. 110.03. POWIIt OF OFFICER.S Whenever in the judgment of a City official, desi�ated by the City Manager, it is found by investigation that a public nuisance is being maintained or exists on property within the City, the following procedures shall be followed to abate the nuisance: 1. Written notice shall be issued to the owner or occupant requiring the termination or abatenent of said nuisance or to rgnove such oonditions or rPSnedy such defects; 2. Servioe of said notioe shall be in person or by mail; 3. If the prenises are not oocupied and the address of the awner is �mknawn, servioe on the o�aner may be made by posting a copy of the notioe on said premises; 10E � i i�.� v� � •�, �•� « . �. � � � � �� •• �• • ,� ��• 110.03. 11(3-1 4. If the nuisance is not abated within ten {10) days of the date af said notice, the City official shall issue a.code violation citation to the notified owner or occa�pant. 110.04,..:'�ABATII�I�TP OF N[l�S�lI�X,L If after such servioe of notioe, the party or parties fai.l to abate the nuisance or make the neoessary repairs, alterations, or changes as directed by the City official, said official may bring the matter to the City Council which may direct the City staff to abate the nuisance and recaver such expenditure plus an additional twenty-five percent {25$j thereof to oover administrative costs. The above may be accomplished by civil action against the person or persons served; or if such servioe has been had upon the awner or occupant, by ordering the City Clerk to extend such sum, plus twenty-five percent (25$) thereof as a special tax against the County Auditor for oollection in the ma�u�er as taxes and special assessments are oertified and oollected. 110.05. PE1Rl!�u'iiII�G 1'U�S,IC NULSAr�GE _ Whoever permits real property cu�c3er his or her control to be usea to maintain a public nuisance, or lets the same knowing it will be so used, is guilty of a misd�eanor. 110.06. PII�ILTIFS Any violation of this C�apter is a misdemeanor and subj ect to all penalties provided for such violations under the provisions of C�apter 901 of this Code. 110.07. S�T�t11BII.ITY Every section, provision or part of this Chapter is declared; separable fran every other section, pravision or part to the extent that if any section, provision or part of this Chapter shall be held invalid,-such holding shall not invalidate any other section, pravision or part thereof. 10F 110.07. � � ��a`i�� ♦ PERMITTII�IG PUBLIC I�IIlLS�1NC.E ��.: M��~ SE.UIIi�BILI'I'Y 114-2 ► _ � Community Development Department PLANNING DIVISION City of Fridley DATE: July 1, 1993 L/ y [Y TO: William Burns, City Manager �� I ��4 SUBJECT: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator Extension of Memorandum of Understanding for Rental Rehabilitation Grant Program In August of 1991, the City entered into a Memorandum of Understanding (MOU) with Anoka County, the Metropolitan Council, and the Minnesota Housing Finance Agency, for administration of the Rental Rehabilitation Grant Program. On June 15, 1993, we were notified that the agreement needs to be extended in order to continue with the program. The extension is retroactive to February 1, 1993 through July 31, 1994. It should also be noted that extension of this agreement will allow work to proceed on a renovation project at Moore Lake Apartments which was financed under the program. Attached for your review is a copy of the original MOU. Recommendation Staff recommends that the City Council approve the extension of the Memorandum of Understanding for the Rental Rehabilitation Grant Program from February 1, 1993 through July 31, 1994. GF/dn M-93-381 June 11, 1993 � � `-' � � " � -- O � �vr� ��,5 �s�� Ms. JoAnn Wright Anoka County 325 East Main Street Anoka, MN 55303 THE ANOKH CC�u��iiY nn_�IINISTRATO�'S �`"�' RE: HUD RENTAL REHABILITATION PROGRAM LETTER OF EXTENSION - MEMORANDUM OF UNDERSTANDING CITY OF FRIDLEY Dear Ms. Wright: A 1991 Minnesota Rental Rehabilitation Program Memorandum of Understanding between the Minnesota Housing Finance Agency (MHFA), Metropolitan Housing and Redevelopment Authority and the County of Anoka and the City ofi Fridley were executed on December 19, 1991. All parties desire an exte.nsion of the agreemerrt; therefore, the Agency has approved the foilowing amendment to the Memorandum of Understanding: The term of the Memorandum of Understanding Fiscai Year 199i�- Funding Authority will be extended through ,1uly 31. 1994. � The Revised Exhibits A and B attached hereto replace the exhibits attached to the referenced Memorandum of Understanding. If you agree with the above terms and provisions, please sign and return one copy of this Letter of Extension and retain one copy for your records. This amendment to the 1991 Minnesota Rental Rehabilitation Program Memorandum of Understanding shall be effective only upon delivery to the MHFA of a fully executed copy of this Memorandum. � MINNESOTA HOUSING FINANCE AGENCY Dated this � 1�`�' day of �� , 19�- "1.�._`7 M.J. Tero. Di ctor of Mu�i-Family Devebpment Minnesota Housing Fnance Ager�cy. a body corporate ar� poG6c of the State of Minnesota 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (6i2) Z96-7S08 Telecopier (612) 296-8139 tDD (6i2j 297-2361 c......� n......_......:•.. u_....:_.. _...+ r_.....,� n__.,_a....:•.. c......�........,..• • m - - �— Page 3 WITNESSED BY: CITY OF FRIDLEY Dated this day of 19 (Area Administrator) � (Signature of Authorized Offiaal) (Type Name and Titie) ; Include additional signature below if required by the State Recipient's Bylaws. (Signature of Authorized Offician (Type Name and Title) (Telephone Number- Include Area Code) 11B �� . MINNES�TA HOUSING FINANCE AGENCY February 27, 1992 Ms. JoAnn Wright Anoka County ' 325 East Main Street Anoka, MN 55303 RE: HUD RENTAL REHABILITATION PROGRAM MEMORANDUM OF UNDERSTANDING COUNTY OF ANOKA Dear Ms. Wright: ° �� U� � �R �219 � D TyF 9? ApNj�N�s R� Tq C��r OR S OFF C� Enclosed is a fully executed copy of the FY 1991 Memorandum of Understanding for the City of Fridley. Thank you for your participation in the Rental Rehabilitation Program. , If you have any questions, please cail Mary Domres at (612) 296-9841. Sincerely, � 1��0 M. J. Tero, Director Multi-Family Development MJT:MD:jma Enclosure 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (61� 2�� Telecopier (612) 296-8139 TDO (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment t ' � � �. � RENTAL REHABlLITATiON PROGRAM FISCAL YEAR y 991 FUNDING AUTHORITY MEMORANDUM OF UNDERSTANDING Metropolitan Cou�cil THIS AGREEMENT is made and �entered into by a�d between the Minne"sota Housing Finance Agency (hereinafter referred to as the "MHFA"), a public body corporate and politic of the Siate of Minnesota, the Metropolitan Council (hereinafter referred to as the Metropolitan Council) a body corporate and politic of the State of Minnesota, -� cizy..of�F�ia�7.e� =- - �� herein: �refer�red to as, the .'::PHA:•') , a body . Q_. .. � . corporate �and politic of the State of Minnesota, and ttie �- county�: of e�uo�ca �:::.:" �. � (hereinafter referred to as the Area Administrator), a legaily constituted public or governmental entity, or a nonprofit in�orporated o�ganization, or an entity which has received written MHFA authorization to participate in the Program: � WITNESSETH- WHEREAS, the MHFA has been accepted for participation in the Rental Rehabilitation Program (hereinafter referred to as the "Program"j which is to be administered by the United States Department of Housing and Urban Development (hereinafter referred to as "HUD") pursuant to Section 17 of the United States Housing Act of 1937, and regulations contained in 24 CFR Part 51 i, (hereinafter referred to as the "Rental Rehabilitation Regulations"); and WHEREAS, the the PHA is a"Public Housing Authority" as such term is used in the Rental Rehabilitation Regulations; and WHEREAS, the Metropolitan Council will submit, with MHFA authorization, a written application to HUD to request Section 8 Certificate or Housing Voucher contract and budget authority for usein conjunction wi�h the Program (hereinafter referred to as "Program Certificates or Vouchers") and/or the PHA has an active Section 8 Certificate or Housing Voucher Program with sufficient available contract and budget authority to adequately support the Program; and WHEREAS, the PHA and the MHFA wish to have the PHA participate with the MHFA in the implementation and continuing administration of the Program; and � WHEREAS, the Rental Rehabiiitation Regulations require that the MHFA, the Metropolitan Council, the PHA and the Area Administrator enter into a Memorandum of Understanding which sets forth the duties and responsibilities of the Metropolitan Council, the PHA, the Area Administrator, and t�e MHFA under the Program. WHEREAS, the PHA executed a contract of Admi�istrative Services on Aprii 24. 1990 with the Metropolitan Council which provides for the PHA to perform Section 8 application, certification and inspection services for the Metropolitan Council. MOU METRO COUNCIL �� D 4/91 ` � , NOW, THEREFORE, the parties hereto do hereby consent and agree as foilows: 1. That the purpose of this Agreement is to: A. Speafy the duties of the PHA, the Metropolitan Cauncif, the Area Administrator, � and the MHFA� as such duties relate and interact between such entities� i� the impiementation and administration ofi the Program; and 8. Specify the administrative procedures to be foliowed in coordinating the use of contract and budget authority for Section 8 Certificates and/or Vouchers for use in conjunction with the Program. 2. The Metropolitan Council shall enter into and execute any and all documents required by HUD to obtain contract and budget authority for Section 8 Certificates andlor Housing Vouchers. In addition, the MHFA. the PHA and the Metropolitan Council shall perform a!1 acts and execute any document necessary to accomplish such assignment and conveyance. 3. The Metropolitan Councii shall semi-annually or as otherwise agresd apprise the MHFA of thE availability of housing vouchers and certificates. 4. The Metropolitan Council shall make Section 8 Housing Certificates or Vouchers available to the PHA for the foUowing pucposes: A. To minimize displacement of families residing in projects to be rehabilitated under the Program; . B. To assist families residing in projects to be rehabilitated under the Program; C. To assist families who move from projects undergoing rehabilitation under the Program; and D. To assist families who .move into projects which have been rehabilitated under the Program. 5. The PHA and the Me#ropolitan Council shall follow and comply with the provisions contained in the MHFA Implementation Handbook for the Program, and in the fiollowing documents, laws, rules and regutations and all supplements and/or amendments thereto, in Metropolitan Counci('s use of and in the issuance of Section S Certificates and/or Housing Vouchers received from HUD for use under the Program: A. 24 CFR Part 812; B. 24 CFR Part 813; C. 24 CFR Part 882, Parts A& B; D. 24 CFR Pari 887; E. 24 CFR Part 888; MOU METRO COUNCIL �1E 4/91 � .. F. G. H. i. J. 24 CFR Part 960; July 12, 1984, FR.28458; February 28, 1985, 50 FR 8196; May 8, 1985, 50 FR 19475; March 31. 1986, 51 FR 10932, and December 30. 1988, 51 FR 47064. 24 CFR Part 511 Section 17 of the United States Housing Act of 1937; Ail other applicable federal laws; and K. Aii other HUD regulations, requirements, notices, and documents entered into by the Metropolitan Councii and HUD including any Annual Contributions Contracts. Administrative Plans and Equal Opportunity Housing Plans approved by HUD. 6. The PHA shall administer the Relocation and Displacement Assistance to tenants displaced because of the effects of the Program in compliance with the following _ manuals, documents, laws� rules and regulations, and all supplements and/or amendments thereto: A. The MHFA's referred to as Program; Displacement and Tenant Assistance Procedures (hereinafter TAPj contained in the MHFA !mplementation Handbook for the B. The Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (hereinafter referred to as the Uni#orm Act) contained in 49 CFR Part 24; C. The Tenant Assista�ce Policies under the Rental Rehabilitation Program contained in the HUD Handbook 1378, Tenant Assistance Relocation and Real Property Acquisition issued October i5, 1990 arid HUD Handbook 7360.01, Rental Rehabilitation Program Hanclbook; D. The Displacement and Tenant Assistance Policy contained in 24 CFR 511.14, which includes the following provisions: 1. The PHA and Area Administrator sha11 only use program fiunds for projects.that will not cause displacement of very low-income families by a family that is not a very low-income family; and 2. The PHA shati provide appropriate advisory services to all tenants dweiling in a project at the time of owner's application to participate iR the Program and provide cash assistance ior moving and/or housing expenses to eligible persons and familiss, regardless of income, forced to move permanently from a project as a direct consequence of rehabilitation assisted under the Program. 7. The PHA shall be responsible for ensuring compliance with the applicable relocation requirements, notwithstanding the owner's contractual obligation to comply. To pay the cost of relocation assistance, the PHA may use Program funds (provided they are calculated as part of the project cost), Community Development Block Grant (CDBG) funds (subject to compliance with 24 CFR Part 570), iocal public funds, or funds available from other sources. MOU METRO COUNCIL 4/91 �11 F . � , The PHA shall, in Exhibit A, identify the availability of monies from sources other than the Program to be used on funding displacement and relocation assistance, if any. 8. The PHA shall, in Exhibit B, provide the following information as required by the HUD 24 CFR 511.40 Memorandum of Understanding: A. Organizatio�al structure of the PHA and Area Administrato� with respect to the Metropolitan Council; . B. Responsibility for inspections at initial stage and upon completion (name(s), affiliation, address and telephone number); C. Responsibility for administration of notices, determination of eligibility, and offering relocation and displacement be�efits {name(sj, aifiliation, address and telephone number); and D Responsibility for tenant interviews (name(s), affiliation, address and telephone numberj. � 9. The MHFA sha11, in its sole discretion, designate projects to be considered for rehabilitation under the Program, and upon such designation the �MHFA or Area Administrator shall notify the PHA of the identity of each such designaied project. Upon such designation, the PHA or the Area Administrator shall submit a"Summary Report-Status of Metro HRA Applicants Rental Rehabilitation Programs" form, an example of which is contained in Exhibit C, to the Metropolitan Couneil and the MHFA indicating the proposed commitment of funds and scheciuled completion dates. The information to be provided should include: � A. Project address; B. Number ofi units and bedroom mix; C. Occupancy information; D. Preliminary tenanf information; E. Estimated number of persons and families eligible to receive Section 8 Certificates_or, Housing Vouchers; and, F. Program funding source. As soon as possible after the receipt of the above information, the Metropolitan Council shall advise the Area Administrator or the PHA of the availaoility of Program Certificates and/or Vouchers for the designated projects. The Metropolitan Council shafl, if necessary, and as soon as feasible, �pply to HUD for the contract authority for ad�itional certificates and vouchers. 10. As soon as possible afiter notification by the MHFA or Area Administrator of the identity of the designated projects referred #o in Section 9 fierein, tne PHA shalL• A. Perform an inspection of each such designated p�oject to establish what rehabilitation is needed thereto in order fo� such designated project to comply MOU METRO COUNCII 4/91 �1G with the Housing Quality Standards specified in 24 CFR Sections 882.109 and 887.251 (hereinafter referred to as the "HQS"); and B. Supply the MHFA through the Area Administrator with a certification for each such designated project listing what rehabilitation is needed thereto in o�der for such designated project to comply with the HQS, or stating that such designated project already complies with the HQS. � C. Review the preliminary te�ant information contained in the Initial MHFA Tenant Survey, which is attached hereto as Exhibit D, or similar information provided by the tenants at application and supply the MHFA or Area Administrator with an initial determination of tenanYs eligibility for Section 8 Assistance or Uniform Act re{ocation or displacement benefits. 11. No later than thirty days (30) from receipt of the notification by the MHFA or the Area Administrator of #he identity of designated projects referred to in Section 9 herein, the PHA or the Area Administrator shall: A. Pre-screen all tenants residing in such project by obtaining, but not confirming, all information necessary to evaluate such tenants' eligibility for receipt of a �Section 8 Certificate or Voucher or Uniform Act relocation and displacement benefits; . B. Supply the MHFA or the Area Administrator with a completed Initial MHFA Tenant Assistance Record (hereinafter referred to as #he "TAR"), a� example of which is contained in Exhibit E, or a similar form approved by the MHFA, which lists the names of all the tenants which were pre-screened in accordance with Section 11.A. herein and specifiies the amount and kind �of benefits #o be provided for permanent or temporary relocation and/or moving expenses; C. Supply the MHFA or Area Administrator with an estimate of the total administrative cost attendant to the allocation o� use of benefits, which include housing counseling pursuant to the TAP consistent with the applicable provisions in the Uniform Act; and D. Shall take into consideration the expenses refe�ences in Section i 1.B. and C. herein when determining the financial feasibility of such project. If a project is funded and causes tenant displacement, one half of the retocation benefits and moving expense shall be provided through the Program to the extent that funds are available.. If there are insufficient Program funds available to cover such expense and the PHA or Area Administrator have not identified funding sources for relocation benefits outside the Program, the PHA and Area Administraior may elect not to submit such project to MHFA for inclusion in the Program. 12. After completion of the inspection referred to in Section 10 herein and evaluation of the results thereof, and after receipt of the information referred to in Section 11 herein, the MHFA shall, in its sole discretion, select projects for inclusion ir the Program, and upon such selection shall notify the PHA and the Area Administrator of the identity of each such selected project. The MHFA shall not select a project for inclusion in the Program for which there are insufficient Program funds or other guaranteed funds from sources other than the Program to cover the entire amount of the relocation benefits and displacement assistance and the expenses incurred by the PHA to administer the Uniform Act. MOU METRO COUNCIL 4/91 �1H 13. No later than thirty (30) days from receipt of a notification by tf�e MHFA or PHA that a financing commitment has been issued by the MHFA for a selected project referred to in Section 10 herein, the Metropolitan Council shail: A. Explain the Section 8 Certificate or Housing Voucher Program to eligible tenants and property owners; and � B. Establish eGgibility for receipt of a Section 8 Certificate or Housirig Voucher for those tenants residing in such project who wish to continue such re.sidence; and C. Establish eligibility for receipt of a Section 8 Certificate or Housing Voucher for tenants residing in such project who wish to terminate such residence, in order to provide displacement assistance thereto if they change #heir residence from such project to another living unit within the jurisdiction of the PHA; and, D. Establish, upon request of the owner of the project, eligibility for receipt of a Section 8 Certificate or Housing Voucher for individuals on the Metropolitan Council's waiting list who wish to reside in such project and refer eiigible tenants to vacant rehabilitated rental units; and, � E. Suppiy the Area Administrator and the MHFA with a written list�of all tenants for such project which are eligibte fo� receipt of a Section 8 Certificate or Housing Voucher, designating whether each such tenant presently residing in the project inte�ds to continue or terminate such residence, is presently on the waiting .list for the Nietropolitan Council, and specifying the information obtained from all such tenants. 14. No later than thirty (30) days from the receipt o# a notification by the MHFA that a financing commitment has been issued by the MHFA for a selected project referred to in Section 10 herein, the Area Administrator or PHA shall: A. Establish relocation and displacement benefits for eligible tenants and provide housing counseling services pursuant to the TAP, and the Unifo�m Act fior those tenants who do not qualify and therefore are not eligible to receive a Section 8� Certificate or Housing Voucher; B. Supply the MHFA or Area Administrator with a completed final TAR, identifying all tenants referred to in Sec#ion 14.A. of this document who are eligible for relocation services and bengfits, the cost of such services and benefits for each tenant, and provide verification of the total administrative costs estimated pursuant to Section 11.C. of this document. 15. Based upon the information described in Sections 13 and 14 herein, the Area Administrator shali notify the PHA, the Metropolitan Council, and the MHFA of the number of Section 8 Certificates and Housing Vouchers required to assist eligible tenants. MOU METRO COUNCIL � �' 4/91 16. Upon receipt of the contract and budget authority referred to in Section 15 herein, the Metropotitan Councii shali issue Section 8 Certificates and Housing Vouchers, with such certificates and vouchers to be issued as foliows: A. The Metropolitan Council shall offer Section 8 Certificates and Housing Vouchers in accordance with, but not limited to� all the requirements contained in HUD Housing Notice H 90-24 (HUO) "Use of Housing Vouchers or Certificates foC Families Living in Rental Rehabilitation Projects" effective 3/13/90 to 4/31/91, a copy of which is contained in Attachment A, including any subsequent HUD Notices issued which may revise, supercede or replace such Notice. B. In accordance with the Administrative Plan for the Metropolitan Council, revised 5/89, the Metropolitan Council shall issue Section 8 Certificates and Housing Vouchers to tenants of units participating in the Program as follows: 1. The Metropolitan Council shall give priority to a family or individual forced to vacate a unit because of physical construction, housing overcrowding, or whose rent would exceed 50 percent of income as a result of the Program consistent witfi its obligation with respect to the Federal Preference rule; 2. The Metropolitan Council shall give "highest priority" within its te� percent discretionary authority to �a family or individual whose rent would be between 35 and 50 percent of adjusted income, as a result of the Program; and, 3. The Metropolitan Council shall place at the bottom of the Metropolitan Council non-preference waiting fist a family or individual whose past- rehabiliation rent burden would be between 30 and 35 perce�t of adjusted income as a resutt of the Program; and 4. The Metropolitan Council shall issue Program Certificates and Housing Vouchers designated for initial use in the Program to applicants who wish to occupy a vacant, newly rehabilitated unit in the Program. C. After the MHFA approves a rental rehabilitation project, the Metropolitan Council must issue any needed housing certificate or vouchers to families living in the project to be rehabilitated. The housing vouchers must be issued so as to give families sufficient time to decide whether to move (where they are not required to move) and to give them iime to focate other units (where they are required to move or choose to move). The Metropolitan Council shall issue Section 8 Certificates or Vouchers approximately sixty (60) days before the estimated date of completion of such rehabilitation. 17. To provide for maximum use � provided by HUD for the Pr� Metropolitan Council agree t Vouchers #o families on its r� Certificates and/or Vouchers ar may issue Program Certificates after the Metropolitan Council: f the Section 8 Housing Certificate and/or Voucher �gram, the Area Administrator, the PHA and the iat the Metropolitan Council may issue Program gular waiting list until such time as the Program � needed for the Program. The Metropolitan Council and/or Vouchers to families on its regular waiting list A. Considers the number of available Program Certificates and/or Vouchers, the number of available Section 8 Certificates and Housing Vouchers, the Area Administrator's projected rehabilitation schedule, the Metropolitan Council's MOU METRO COUNCIL � �� 4/91 normal turnover rate, and the PHA's project reports required under Sectior� 9; and B. Determines the no�mal turnover of Section 8 Certificates and Vouchers is sufficient to accommodate the needs of the PHA and the Area Administrator in providi�g Section 8 assistance to eligibte tenants. 18. The PHA and the Area Admi�istrator understand that if the Metropolitan Councii is unable to make the full amount of Section 8 Housing Certificate or Voucher funding available when needed for the Program, a delay in the Program will result. � . 19. The Area Adminstrator shall notify the PHA and the Metropolitan Council upon the completion of a rehabilitation project. If Section 8 Certificates and Housing Vouchers are issued to the completed project, the Metropolitan Council shall perform the following activities upon receipt of the notification of completion: A. Inspect such project to determine if it complies with the HQS; and B. Supply the Area Administrator and MHFA with a certification listing what items i� such project do not comply with the HQS, or stati�g that the inspected project fully complies with the MQS. If no Section 8 Certificates and Housing Vouchers are issued to the completed 'project, the PHA shall perform these inspection activities upon receipt of the notification of comp{etion. 20. The MHFA shall, upon the completion of the rehabilitation of a project and receipt of all documents it deems necessary to evidence such completion, disburse an amount equivalent to half of the administrative fees, to #he extent funds are available under the grant, to reimburse the PHA for a portian of the Uniform Act retated administrative expense. � 21. Upon receipt. from the owner of the project the monies for relocation benefiits and displacement assistance, the PHA or the Area Administrator shall administer and disburse such monies in accordance with the provisions contained in Section 6 herein. . 22. The PHA and the Metropolitan Council shall maintain and preserve all information and documents which.they acquire regarding the Program fior a minimum of five (5} years, and shall make such information and documents available for inspection by the MHFA and the Area Administrator upon request. 23. The MHFA and Metropolitan Council shall meet semi-an,nual(y or as is otherwise agreed to discuss Program issues. 24. The PHA will refer vacant units to the Metropolitan Counci! for referral to Metropolitan Council Section 8 Certificate and Voucher holders. 25. The Metropolitan Council will make available to the MHFA, PHA and Area Administrator Section 8 training as it is from time to time provided by the Metropolitan Council. MOU METRO COUNCIL 4�g� � �1K IN WITNESS WHEREOF, the parties hereto, by and through their authorized representatives, have set their hands and executed this Agreement the day and date stated next to #heir signature. `C �" The day of 19 The 15th day of _ Auqust , 19 91. The L� day of , 19 `z The _�� day of , 19 �L. PUBLIC HOUSING AUTHORITY By: u�� . its: AREA ADMINISTRATOR By. � . its: County Administrator .�.� , � � � �� -- :',�:��--� -='- � -� - - .-! _ � . i . MINNESOTA HOUSING FINANCE AGENCY By: M.J. Tero its: Director Multi-Family Development MOU METRO COUNCIL � � � 4/91 Exhibit A DlSPLACEMENT AND RELOCATION Assista�ce costs wili be the responsibility of the property-owner. The owner will be informed of the rules and regulations that apply to the program and will be required to execute an agreement which will assign responsibility for the payments to the property owne�. 11M Exhibit 8 A. Anoka Gounty is the Area Administrator for the MHFA Re�tal Rehabilitation Program Activities within the County boundaries. The City of Columbia Heights is excluded from this relationship since they manage thei� ow� RRP program. Anoka County co�tracts with the Anoka County Community Action Program fo� the daily administratio� of the program. The Metropolitan HRA, wi11 perform the Section 8 responsibilities associated with the Rental Rehab Program. Anoka County or its designee will p�ovide information to the HRA so that that body may provide the necessary Section 8 services. The City's involvement. is limited to program advertisement and building inspection. 6. Inspections a�e performed by the following persons: Code Compliance Inspections - initial and final - the building inspecto� fo� each � participating community. See attached list of telephone numbers and addresses for Anoka County Commu�ities. Section 8 Inspections - See attached list. Energy Inspections - by private contractor chosen by the property owner. C. Anoka County or its designee is responsible for administration of nofices, determination of eligibility and offering relocation and displacement benefits. This will be #he respoRSibility of: JoAnn O. Wright Anoka County Courthouse 325 East Main Anoka, MN 55303 D. Anoka County or its designee initially collects information by mail th�ough the property owner. We use this info�mation to determine project feasibility and relocation needs. We � then pass the information to the Metropolitan HRA or its designee to interview #enants for Section 8 assistance. 11N Section 8 Inspections Anoka . Blaine Coon Rapids Fridiey Other Communities - Rita Anders - Lloyd Jarson - Yvonne Schwa2 - Pat Wolfe - Donna Mattso� o� her staf# 11O 0 ANOIC.A COUNTY CITIES � TOi��SHIPS City of Andover Community Center 1685 Crosstown Blvd. NW Andover, NIN 55304 755-5100 City of Anoka 2015 lst Ave. N Anoka, MN 55303 421-6630 ' . City of Bethel 165 Main St. NW Box 64 � - Bethel, MN 55005 434-4366 City of Blaine 9150 Central Ave. NE �laine, MN 55434 ' 784-6700 ' - FAX �784-b740 ' . City of Centerville • 1694 Sorel-St. � Hugo, MN 55038 � 429-3232 City of Circle Pines 200 Civic Heights Cir. Circle Pines, MN 55014 784-5898 . City of Columbia Heights 590 40th Ave. NE � Columbia Heights, MI� 55421 782-2800 City oi Coon Ra�ids 1313 Coon Rapids BLvd. I��'W Coon Rapids , ?�R�1 55433 . 755-2880 City of Eas� Bethel 2241 221s� Ave. nE Cedar, MN 55011 434-9569 City of Fridley 6431 University Ave. NE Fridley, MN 55432 571-3450 City of Ham Lake 15544 Central Ave. NE Ham Lake, MN 55304 434-9555 City of Hilltop . . 4555 Jackson St. NE •Columbia Heights, MN 55421 571-2023 �City of Lexington -3803 Restwood Rd. Lexington, NIN 55014 � 784-2792 City of Lino Lakes . 1189 Main St. Lino Lakes, MN 55014 464-5562 City of Ramsey� 15153 Nowthen Blvd. NW .. Ramsey, MN 55303 427-1410 City of�Spring Lake Park 1301 8�st Ave. NE Spring Lake Park, NIN 55432 784-6491 � City of St. Francis 23307 St. Francis Blvd, I��W St. Francis, MI� 55070 753-2630 Township oT Burns 19800 Nowthen Blvd. . �Ramsey, NL�I 55303 11P Townshi� o� Colu�bus 16319 Ke�tle River B1vd. nE F'orest Lake, T�T' S5025 � 464-3120 Township o� Linwood 22817 Typo Creek Dr. NE sta�y, r� 5�079 462-2812 Township o� Oak Grove 19900 I�ightingale St. NW Cedar, IJiI� 55011 � 753-1920 c .. • J � MOU METRO COUNCIL 17 p n � � � r 7 � ' A ^O � � 1 � � � O Cf Z a � a a -i m m a !4 7 a in m > -� < � A C z � > � :� � N7 6191 A C3 3 :1 1 �C A O � O w ! N n O n C � O � O � a > > � � '+ n b n N ! ;rJ A 7 a r A � c c � m '. .- 0 � � � 0 w ti d 3 m x � a' � ` l t J MINNESOTA HOUSING FINANCE AGENCY Exhibit D RENTAL AEHABILlTATION PROGRAM ivame o( Occupant: Ow�er: Ptoiect Adclress: Aptartment Number._ Number ot 8edrooms i� U�it: f7`�r•l:IP/c[��[�ii TENANT SURVEY. The intormalion being collected below is consider� private and wiU not be available to the pubGC. This inlortnation wip be used only to determi�e eGgibi�ty lor you, the tenaM, to receive re�tal or rebcado� assisiance a�d Iw the owner to �eCeive tunds unde� the Rental Rehabi6tatioa Program. Not supplying the requested iotortnatan may todeit you� right to any �e�tai o� rebcatio� assista�ce you may be eGgiWe (o� and may jeopa��ze the rehabiGtatio� projed. RaCe/Eth�l�l�v of Heed ot Household: Femele He�d of Householtl: Housahold with a lemala haad (si�gle, saparated, divorced, or widowed) and one or rtwre minw children White, �ot o( Hispanic Origin Black, not ot 1-Gspanic Origin � Yes American I�a� or Alaska� NaGve Hispanic � No Asian or Pacific Islander FAMfLY INC9ME (L(st alt Occupants, begfn�tng w(th Head of Householdl: Total Gross Monthly Income Total Gross Yea�ly Income Percerrt o! HeRi to Income lnitial Lease Oate: Tertn of �ease: Monthly Rent: + Average Monthly Utility Expense/Gas: + Elec. = Gross Nent (Re�t + Utilities paid by Tenant) Do you have any ptans lo move within the next 3-9 moMhs: � Yes [] No It yes, why: Are you a dependerrt or 5tudeM dependent on family to� support? � Yes [] No Specia! CharacterisUcs ot Nousehold (i.e., d+saWed, etdeAy, etc_) Are you cunentty �eceiving rerrtal assistance? It yes, what type? IMPORTANT STATEMENTS Plea��,cplp,gt one res�Qp�e under each ��tlnn �Y:T•I� • , � 1. _ I choose to accept ihe Sedio� 8 CeAificateMousing Voucher to� the unit in which ! am Gving, if I am eligible. 2. _ 1 choose to accept the Section S CeAificate/Housing Voucher for a urot of my choice, it 1 am eligible. Dls�lacement Asslstance: t. t choose to remain i� the unit where 1 presently Gve and pay the alter-rehabifitation rent. 2. _ I choose to move to a unit oi my choice and may request the assistance o( the housing authority in finding a comparable uniL I understand that Unifo�m Act assistance may be available to me i1 a compa�able unit cannot be tound and 1 am eligible. t EAD BAS�(� pAINT STATFMFNT• �. , hereby certify that I have received lhe publication 'Watch out for lead Paint Poisoning" and that I have read and underslarid the infonnation. Tenant Oate IF YOU 00 NOT WISH TO PROVIOE ANY IN OMF INFORMAT�ON PIEASE COMPLETE THE BACK PORTION aF THIS FORM. MOU METRO COUNCI L 1� 1 R S�9Q • •, r � (,FAO BA�O PAINT STATEMENT: �, , hereby certi(y that 1 have received the pubfication `Watch out to� lead Paint Poisoning' a�d that 1 have read and understand the informaGon. Tenant Date RELOCATION BENEFIT WAIVEfi: Uader Ihe Uniform Rebqtio� Assista�ce and Real Property Acquisilio� Policies Act ot 1970 (Unilortn Ac(j, eligitile tenants who a�e displaced by a projed receive: t. Moving Facpenses 2. 3 a A paymeM for acival reasonable movi�g expenses o� b. A fixed payment detemti�ed according to the applicabie schedule approved by the Federal Highway Adminisiratio�_ ReplacemeM Housing PaymeM: A payment to lease a compa�aWe deceM, sa(e and sanitary replacemeM unit. Other Retocation Assista�ce: This includes retercals and other assistance to hetp the tena�t(s) rebcate to a comparable deceM, sate and sa�atary replacement unit. Vwe thereby certiJy that Ihnre have received and read the Tenani Assistance PoGcy o� 1/we have met with a representaGve ot the HRA who c�scussed with me/us the relocation payme�ts and other assistance provided under the U�lorm Act. Vwe understand the basic requirements of the Unitorm Act. However, Vwe VOIUNTARILY WAIVE MY/OUR RIGHTS TO ANY REIOCATtON ASSISTANCE UNOEi� THE UNIFORM ACT (or which tlwe may be eGgible in connection with such �ehabiGtation. Tena�t Tenant HRA. Representative Oate Date �ate MOU METRO COUNCIL 1� '' S` � 5ieo � z z z a n� m m � m y p O � � A l'1 - � � p1 N � � N N > � m � o � � s � a� � c o� v (/� 1"' v .� t0 N C A� N j Z� 0 � _ � � 0 � - • _ < <' ca m � Z � a a 7 T � y O A � ^ ? • _ o � -G .�i, � � Z O � „" Q A 1D � N A � o D Z d O �... A � c ' � � C d. — . su ce y Z A � _. p o � � :o O � O N Vl j 67 � m — � A n r � 3 'n tD, Z O� N N m � a : m - �• � � w y � � d � m c 3 — Z � � y y O � Z p Z � � O � � . m � -' � O O c� � � O � m � x � � � � � � ? � q _ �o �m� � < Q. N � � � � �. 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Q � o � � � m _ m o � m � > < � N N j � tp 4� � • C � 9 � _ � � � � ? p � � � W y fD p � � Q . y O � C m m � w y �^ � v N '� N N m tD � .� � � � � N � O � j T C m m C � _ � � n (1 ^ O1 y� /D � � N V o r- v <o oa d O d W � � ' w m ci 'v a , eo m � � 21 11U z z Z o � d � � � N • � O � Q l9 n n {'� C C � � d d > > N � N D W a W o � m � �o z � d S c o, . � N r _ m ° Z c m m � Z � a � y O � � . • � � n �o m W � a Z � � � � � � o � u� ... � . - O 3 -� H 3m �c Z p O v � �; � N A � � O �' Z d O �. A � C � O C Ol � m � u Z � !� � p o � � o � 0 N (n j Ql � � n � � � O r- � � T ip Z w m � � � a : m - � `•° � w a � � n .o c -< � u N O Z p Z � � o v . <0 3 = '° o c n n � m O ' � m � x � � � � � � � _ � a w � � � < Q � N N = � �p O� N � • C � � � _ � � _ � O ^, �. N - D _ N � W O � � Q . u' � Q . � C lp N � y �" C O N � N m W m � � A � N o N �-�1 O =j � T C �D N C ^ 7 � n d ^ d N � • � N v o r v m N d O n ip 'C O ' d m ti 'V a ^ � d � �. 5�91 . r � � I Community Development Department PLANNING DIVISION City of Fridley e DATE: July 1, 1993 TO: William Burns, City Manager q��. � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Review of Variance Request, VAR #90-12, by James Nicklow; 6161 Highway 65 N.E. At the July 23, 1990 meeting, the City�Council approved a variance to increase the maximum allowable square footage of a sign from 80 square feet to 112 square feet in order to allow an addition of a readerboard to the existing pylon sign at the Shorewood Inn. As a stipulation of approval, tiie variance was to terminate with the current owner and that the request be reviewed in three years. At the time of th� original request, staff recommended that the City Council deny the variance request, as the request did not meet the four conditions outlined in Chapter 214 to grant a variance to the sign ordinance. The City Council may approve the variance or deny the variance and force removal of the sign. MM/dn M-93-370 3 \ � ._ CITYOF FRtDLEY �__�� %X FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 •(612) 571-3450 • FAX (612) 571-1287 � / I CITY COUNCIL ACTION TAKEN NOTICE Shorewood Inn James Nicklow 6161 Highway 65 N.E. Fridley, i�T 55432 Dear Mr. Nicklow: July 25, 1990 On Ju1y 23, 1990, the Fridley City Council officially approved your request for a variance, VAR #90-12, to increase the maximum allowable square footage of a sign from 80 square feet to 112 square feet, to allow a readerboard addition to an existing pylon sign, located on part of Lot 16, Auditor's Subdivision #88, the same being 6161 Highway 65 N.E., with the following stipulations: 1� The variance be reviewed in three years.i�� 2. The variance terminates with the current ownershi of the P property. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Jock Robertson Community Development Director JR/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by August 8, 1990. 12A Concur with action taken. . � � � � � STAFF REPORT APPEALS DATE Ju1y 10, 1990 CITYOF ��n� conn�urssion, DA� FRIDLEY CRY COIaVqL DATE : July 23, 1990 ��,�, r�+1/1s REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION 6161 Highway 65 NE SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES � ZON�UG UIUTES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREI�NSNE PLAN COMPAT�ILITY WITH ADJACENT USES & ZONNNGG ENVIRONMENTAL , CONSIDERATIONS STAFF RECOMMENDATlON APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #90-12 Shore�aood Inn (James Nic]claw) 'Ib�increase the allawable square footage of a free- standing sign in a corniercial district fn�n 80 sq. ft. to 112 sq . ft. 95,176 sq. ft. C-3, General Shopping C-3, General Shapping, to the N, E; 1�-1, Single Family Dwelling tA W; Moore Lake to S i�� -� 0 � ' , - - - - ... � A �N � ) � a .� i� � > � « 12 1R #90-12 _.iorewood Inn S �/2 S�'C. /3, T. ,3 C/TY OF FR/OL EY 14 /!l ,17 ' a � �� 7 /� � /: F I �� ` j (6 /� 2� ;� �ti LOCATION MAP � � � Zd � Staff Report VAR #90-12, Shorewood Restaurant Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: � Section 214.11.02.B requires a maximum size of 80 square feet in area per development for free standing signs. Public purpose served by this requirement is to control visual pollution and excessive signage in commercial area. B. STATED HARDSHIP: None stated C. ADMINISTRATIVE STAFF REVIEW: Request The petitioner, Jim Nicklow, is requesting that a variance be granted to increase the square footage of a free standing sign from 80 square feet to 112 square feet in order to add a readerboard. addition to the existing pylon sign. The petitioner will be using the proposed readerboard for on site advertising. Site The parcel is located on the north shore of Moore Lake east of Highway 65. Located on the site is a restaurant facility. The parcel is zoned C-3, General Shopping, as are the parcels to the north and east. The parcels to the west are zoned R- 1, Single Family Dwelling. Analvsis The permit for the existing pylon sign was issued June 23, 1987. In addztion, the petitioner has two wall signs on the north and west walls of the restaurant for which permits were issued on August 7, 1987. There are four criteria that the applicant needs to prove before the Commission shall grant a sign variance. These four items are outlined in Sections 214.21.02.A-D of the City Sign Code: 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. 12E . i 4 Staff Report VAR #90-12, Shorewood Restaurant Page 3 The parcel is highly visible to passing traffic on Iiighway 65, as are the other adj acent parcels which are zoned C-3 , General Shopping. These parcels include the Sears Outlet Store, the Shorewood Shopping Center, and the Moore Lake Commons development. In this manner, there are no exceptional circumstances that apply to the parcel. 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 to the property in question. Currently the pylon sign is at the maximum square footage allowed by the code for a free standing sign. A variance was granted for the pylon sign for the Moore Lake Commons development in 1988 to allow the square footage granted with the original sign permit to remain (see attached minutes). The permit for the Sears roof sign of 300 sq. ft. was issued in 1970 prior to the revision of the sign code. Should Sears choose to change its sign, the new sign would have to comply with the current code requirements. C. That the strict application of the Chapter would constitute an unnecessary hardship. The petitioner has an opportunity to add additional wall signage on the north (up to 96 sq. ft.) and west (up to 85 sq. ft.) walls of the restaurant. Denying the variance to increase the size of the pylon sign would not create an undue hardship for the petitioner. 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 purpose of the City Sign Code is to control the amount of visual pollution created by large signs or extreme numbers of signs. Large numbers of large signs may be visually distracting to motorists traveling on adjacent roadways. There may be a potential traffic safety concern with the granting of variances for larger signs. 12F r � • � 4, Staff Report VAR #90-12, Shorewood Restaurant Page 4 Recommendation Because the proposed request does not meet the four criteria outlined and because other alternatives exist to increase the amount of signage on the parcel, staff recommends that the Appeals Commission deny the variance request, VAR #90-12, as requested. Please note that while the submitted graphic indicates a 24 square foot readerboard, the petitioner wants the ability to use a 32 square foot sign, thus the request from 80 square feet to 112 square feet. A�peals Commission Action The Appeals Commission unanimously recommended to grant the variance on a temporary basis, based on the following conditions: 1. The variance be reviewed in three years. 2. The variance terminates with the current ownership of the property. The Appeals Commission determined that this was a compromise in permitting a temporary variance to enable the restaurant to re-establish lost business. Further, the Commission stated that it would be better from a public safety stand point to have the signage on the pylon sign versus on the wall of the restaurant. City Council Recommendation Staff maintains its original recommendation for denial. 12G u � � � ' V , � c� �,.,�T w� � µ VAR 4� 90- I 2 Shorewood Inn � � 12H EL�VATION � Estates 2nd Addition, the Minnesota. IIPON A VOICE VOTE, ALL ' DECLARED THE MOTION CARRIED � being 7806 Alden Way N.E., Fridley, AYE, VICE-CHAIRPERSON RIIECHLE Mr. Kuechle stated this item woul�o before the City Council for final review with the commission's ecommendations on July 23. �,n:�.�.��.�,..,,�:�... ........� CONSIDERATION OF VARIANCE RE UEST,.`V�x�B�' JAMES NICKLOW, SHOREWOOD INN RESTAURANT: Pursuant to Section 214.11.02.B of the Fridley City Code to increase the maximum allowable square footage of a sign from 80 square feet to 112 square feet, to allow a readerboard addition to an existing pylon sign, located on Part of Lot 16, Auditor's Subdivision #88, the same being 6161 Highway 65 N.E., Fridley, Minnesota, 55432. Ms. Dacy stated that the petitioner, Mr. Jim Nicklow of the Shorewood Inn Restaurant, is requesting a variance to increase the square footage of a free standing sign from 80 square feet to 112 square feet in order to add a readerboard, 3 feet by 8 feet, to the existing pylon sign. The parcel is zoned C-3, General Shopping, as are the parcels to the north and east. The code is very specific as to the criteria that need to be evaluated. Based on staff analysis of the criteria, the petitioner has.the option of redesigning the existing sign to meet the criteria of 80 square feet or pursue additional wall signage. Denial of the variance request does not deny the petitioner from having additional signage. Staff recommends denial because the variance criteria are not met. MOTION by Dr. Vos, seconded by Mr. Johnson, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED IINANIMOIISLY AND THE PLTBLIC HEARING OPEN AT 8:15 P.M. � Ms. Tauer attended the meeting to act as spokesperson for Mr. Nicklow. She stated the Shorewood Inn has been owned by the current owner for many years. In the last several years, the restaurant has been experiencing financial problems, due in part to the freeway construction which closed the ramps and City construction on the road. People are creatures of habit. When they cannot get to a place, they go elsewhere and do not come back. Ms. Tauer stated the restaurant has done remodeling, but business is still down. There is a lot of competition in the area. Sales are also normally low during the summer season. Economically, the readerboard would give the Shorewood a boost to expose the 121 � � APP$ALS COMMISSION MFETING, JULY 10. 1990 PAGE 6 restaurant with little expense. This is the least expensive way to get a lot of exposure. A new sign would decrease the amount spent on newspaper advertising, and would expose people to what the restaurant has to offer. If a board were to be put on the building, it would be less visible. It would be difficult to read something on the building. If you are driving by, a sign can be easily read by the road. She felt the sign is well done and would not be a visual problem. The existing sign is good looking and was constructed by a professional sign company. The owner now has bids for a readerboard. It would be good looking and well maintained. The sign represents what is ir►side the building. It is needed to promote business and is a matter of survival. The restaurant needs he2p getting back on their feet. Mr. Johnson asked if the Shorewood owners had thought of changing the sign design to fit in the guidelines. Ms. Tauer stated they have talked to sign companies. This would require a great deal of money and the restaurant is not able to do that. A readerboard is less expensive. Dr. Vos stated that according to the staff report the restaurant could have additional wall signage on the north and west sides of the building as an allowable sign allotment. Mr. Kuechle stated they have two signs on the building. Ms. Tauer stated these signs simply say "Shorewood". Other signs would not be effective. Dr. Vos stated the readerboard on the pylon would be 24 square feet. On the west side of the building there is up to 85 square feet allowable and on the north up to 96 square feet. Ms. Tauer stated these cannot be seen from the road as clearly. They are currently using a banner because that is their only option right now. They have a permit to display the banner. Dr. Vos asked if Sears has a readerboard. Ms. Dacy stated yes, on the west side of the building. Dr. Vos felt people do look at the signs. He felt the Shorewood had an attractive sign and logo that identifies the Shorewood. While he can understand the argument, he thought the readerboard would detract rather than enhance the pylon. Ms. Tauer stated the thought the sign could be made very attractive. 12J \ � APPEALB COMMISSION MEETING, JIILY 10, 1990 PAGE 7 Ms. Smith stated she could see the reason to put it there. As it is, the type of sign brings to mind others that have letters missing and are poorly maintained. Ms. Tauer stated they are looking for something that looks professional. The purpose is to protray the Shorewood as a good place to come. Maintenance would not be a problem. OTION by Dr. Vos, seconded by Mr. Johnson, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYEi VICE-CBAIRPERSON KIIECHLE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:25 P.M. Ms. Smith stated she can see a hardship. She is aware of the area. The Shorewood has done a lot to support the community. The sign that is there is very aesthetic. She felt a reader sign would take away from what it looks like now. She did not think it would be distracting to the traffic any more than anything else in that area. Dr. Vos stated that, in looking at the four criteria used by staff, and thinking of what would be exceptional and extraordinary circumstances, the Shorewood is visible across lake. Sears does not have a pylon. It seems that if you want to do something you can do something on the north and west walls. Ms. Smith stated there are some trees there that hide the view until one is right there. One would have to be right there in order to see a sign on the wall. The building sits bacl� far enough to make it hard to be seen. Mr. Johnson stated another problem is the stop sign at the shopping center intersection. If that is the only aternative, they may take that. From a safety side, this would be better. Mr. Kuechle agreed that of all the options this consideration would be one of the best. He would like to see the restaurant succeed because it is an asset to the city. However, he has a problem exceeding the 80 square feet because we get numerous similar requests. City Councilmember Schneider stated that this corner has turned into more of a problem than anticipated. The shopping center is not getting the business as hoped. He is a patron of the Shorewood and has observed that business is down. Improvements have spurred development. He asked if there was some other option that could be considered, even if it is something temporary. He feels there is a hardship here. Ms. Dacy raised a point regarding the fact that Shorewood has a reduced variance to what the shopping center 12K � � APPEALS COMMISSION MEETING. JIILY 10, 1990 PAGE 8 has. It seems there are extenuating circumstances that might warrant consideration. Dr. Vos asked if they could stipulate a length of time on a readerboard. Councilmember Schneider stated they could grant the variance a 3 to 5 year period and then subject to review. Ms. Dacy stated a special use permit is different by statute. The commission can put stipulations on sign variances. The City Council can put a time limit on how long a sign can be up at that location. The only caution is that "temporary" often turns into "permanent". It is sometimes better along with the stipulation to sign an agreement with the petitioner, so that if the sign is not down, the City will remove it and the cost will be assessed to the property. Dr. Vos stated that if the sign was temporary the owner could ask for extensions. What would be the reaction to the petitioner if we put a timeframe on the readerboard? Ms. Tauer stated it was better than nothing. She thought management would be agreeable if that is the only way it can be done. Dr. Vos asked if Ms. Tauer had any reaction to how you can get to the Shorewood. Ms. Tauer stated access is not a great problem right now. We do have something of a problem with getting in and out. Access was completely shut off for almost two years. Ms. Smith stated she felt better approving the sign with a stipulation for a specified number of years because the City could then see if the sign was maintained and looked nice. Dr. Vos stated he felt better about a time limit on a sign on a pylon than a large sign on the building. Mr. Kuechle asked if this was an option for the commission. Ms. Dacy stated the commission could do this. Dr. Vos asked what a reasonable timeframe would be. Mr. Kuechle felt three years. In that time, the owners should know in that time if it is helping. Dr. Vos agreed, stating that in five years the sign would be pretty much permanent. 12L m � � APPEALS COMMI88ION MEETING. JIILY 10. 1990 PAGE 9 Mr. Johnson stated in five years they will know if they are going to make it. Dr. Vos asked, if you put a sign up, does it go with the business? Ms. Dacy stated yes, but you can specify the variance terminates with the business. She cautioned that this option should be used sparingly. Dr. Vos asked if it was worth putting on the stipulation regarding ownership. Ms. Smith felt it was. It is important. If the sign is not successful and they go out of business, you would not want someone else to come in and have the sign. MOTION by Dr. Vos, seconded by Ms. Smith, to recommend to the City Council approval of variance, VAR #90-12, by James Nicklow, Shorewood Inn Restaurant, to increase the maximwm allowable square footage of a sign from 80 square feet to 112 square feet, to allow a readerboard addition to an existing pylon sign, located on Part of Lot 16, Auditor's Subdivision #88, the same being 6161 Highway 65 N.E., Fridley, Minnesota, with the following stipulations: 1. The variance be reviewed after three years. 2. The variance terminates with ownership of that particular parcel. IIPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Kuechle stated this item will go before the City Council on July 23 with the recommendations and stipulations as stated. ADJOURNMENT• OM TION by Mr. Johnson, seconded by Ms. Smith, to adjourn the meeting. IIPON A VOICE VOTE, ALL VOTZNG AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE JIILY 10� 1990� APPEALS COMMISBION MEETING ADJOIIRNED AT 8:43 P.M. ' Respectfully submitted, � Lavonn C� �/�� ! Recording Secretary 12M � � FRIDLEY CITY COIINCIL MEETING OF JIILY Z3. 1990 PAGE 22 12. 1990: A. MOTION by C cilman Fitzpatrick to grant this variance, VAR #90-11 f property at 7806 Alden Way N.E. Seconded by Councilman Schne' er. Upon a voice vote, all voting aye, Mayor Nee declared t motion carried unanimously. B. VARIANCE, VAR #90-12. BY JAMES NICKLOW FOR THE SHOREWOOD INN �tESTAURANT. TO INCREASE THE MAXIMUM ALLOWABLE SOUARE FOOTAGE OF A SIGN FROM 80 S4UARE FEET TO 112 SOUARE FEET, ON PART OF LOT_�6, AUDITOR'S SUBDIVISION NO. 88. THE SAME BEING 6161 HIGHWAY 65 N.E.• MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant this variance, VAR #90-12 to increase the maximum allowable square footage of a sign from 80 to 112 square feet for a period of three years, with the stipulation that the variance terminates with the current owner of the property. Seconded by Councilman Billings. Councilman Schneider stated that the conditions around the Shorewood Inn are due to the road construction and they have a problem with access. Councilwoman Jorgenson questioned the difference between this request and Cheryl Stinski's request. She stated that she wanted to be careful not to set a precedent. Councilman Schneider stated that there was not a problem created with the Stinski property and no hardship was imposed due to road construction. He stated that the construction has caused several problems for this business and did not feel it was unreasonable to try it for three years. UPON A VOICE VOTE TAi�N ON THE ABOVE MOTION, Councilman Schneider, Councilman Billings, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 12N r � _ I Community Development Department PLANNING DIVISION City of Fridley � DATE: July 1, 1993 � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Review of Variance Request, VAR #91-13, by Leonard Vanasse; 57 - 81st Avenue N.E. At its June 17, 1991 meeting, the City Council approved a variance request to increase the maximum square footage of a sign from 80 square feet to 101 square feet to allow construction of an additional free-standing pylon sign for Craus Cartage Company. As a stipulation of approval, the City Council set a deadline of July 1, 1993 for the variance to be reviewed, and if not renewed, for the variance to expire. The two year time frame was proposed to enable the petitioner to subdivide the property. Staff originally recommended that the existing sign be redesigned to include the Craus Cartage Company name. The City Council may approve the variance or deny the variance and force removal of the sign. MM/dn M-93-371 �� ctnroF FRtDLEY �_l�'-��" �-`�� FR[DLEY MUN[C[PAL CENTER • 6431 UN[VERSITY AVE. N.E. FRIDLEY, MN 55432 •(6l2) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Leonard Vanasse 57 - 81st Avenue N.E. Fridley, MN 55432 Dear Mr. Vanasse: June 19, 1991 On June 17, 1991 the Fridley City Council officially approved your request for a variance, VAR �91-13, to increase the maximum square footage of a sign from 80 square feet to 101 square feet, to allow the construction of a free-standing pylon sign on Lot 3, Block 1, Mar-Len Addition, the same being 57 - 81st Avenue N.E., with the � following stipulation: C l. This variance shall apply unti ul 1, 199 nd, at such time, the variance shall be revi e i y Council and if not renewed, shall expire. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 3, 1991. 13A Concur with action taken . � � � � STAFF REPORT APPEALS DATE r4ay 2 8, 1991 CITY �F PLANMING COMMISSION DATE FRiDL�.Y CITY COUNCtL DATE Jurve 17, 1991 A�T� �"1/is REQUEST PERMIT NUMBER APF'LICANT PROPOSED REQUEST tOCATION �IT� DATA siz� DENSITY PRESENT �ONING A[3JACENT LAND USES & ZONING U7'IL�TIES PARK: DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIUTY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENOATION APPEALS RECOMMENDATION PLANNING C4MMiSSION RECOMMENDATION VAR #91 13 Leonard Vanasse 'Po increase the maxinnnn square footage of -a sign f�xn 80 sq. ft. to 101 sq. ft. 57 - 81st Avenue N.E. 1�2, Heavy Industrial M-2, Heavy Industrial, t�o the N, S, E, & t�J Denial Approval with stipulatiaris VAR ��91-13 Leonard Vanasse u � .......... 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I � i - -- � --- .....— L --------- �...w.,�. � Ij. �s�r N-Jr! . i.� sK'� _ _ ' _' i i � / ? .t -�� N • � O�• , Z ---------p � --- ---- ; I - , . _, - ---- ------ ,; � � .:��, � L �� J. �,a -� I �� : �P � � i 13C � � ��i� �3�' �/ i � � � —lir�r � . ��' E. /N CORN£R !4 �`_' �.... LOCATtON MAP � �F �� it�k�' . _ �.'��: l%� r,. �i�1i .. •.. �� Q� �.� �.� ,'��J,.�i.� � � :,« � �� _ � ��m . ., ��o ��►�� VAR #91-13 � Leonard Vanasse � _._ _.,, ... - � '�;il � '� `'^� `� � `� �3 ;;� � �_ `�.� � _j ..� �:::f � ,� {'-�, "" - � �.,, :��,, < `� ..� ' .�`� � ``� � '� ' � �`" `''' �� ' - . �� ' R � ' � � � � � o <:� � � s �:� �`�' �,� � � � �� , � � � }: �� .�� .:,�,j. ' � � �"� �� '� Q '� .1 �. ., � ,� r ; � �.,� , � �,.�• �^;� � � � ;;✓� � f� �;� € i � � � q � _�_�_ �„3._ �-�- w•� � c.:� ^, � � � • � �`..::,� '"� � � � 0 � � �..,� �"� "'� ��..� � , � `� `� � �." � "`� � �� v �. - � ,� .s'� � � � �;3 4;,' � � .� v � �:�cl�� • � � � � =�� P��, � „-�...`�� ``�� :,:� �.�� ' \ �,� �� .��F��-��:��. �. .� t::`� :� � `�^� � r � � , � : � ,� � � � .� , �:. � . � � �� , �_ �, � � ` . . * _ �� : a;r . , ,�,.ti �� -i - -c> `�'--- —'-'- -�`---- --4^'—�+... . .. f^ ._ ..�•_ ,� � � �::i a � � �� .L �� `� . ■ �,��Ij % �� ` � �� / � ../ �� / � �. � � . �.�i � � V�� % � ;. ' ' "� � '� ��. �>P� _.�___ I.IBERTY a\'v � � : V z . � ••�•�• �,, � �c�,;;: • 4 • �-��' `ti � .�, . s:. l k � �R.� Q . at+, � � �� a _ � . 1j� � � u ��I ' i �i� 78 • • • . • � • • • • � ♦ . � • � � � � ' - '•� "• :• �� ♦ � %�t:�l, • �`J^�i i, . 88 -..• -.�•--k-•-� _ ;+;�;�i ,., ........ :� ; .. .... ....� • ♦ • • •��• � '\�f� ,�\�•��. •�Y� �� 139 ��_,�c�1 MAR �LEN �. � �� ;�� %;% � /,.� /./ % ,/ . /,/ /�� / / 13D ZONING MAP . ( Staff Report VAR #91-13, 57 - 81st Avenue N.E. Page 2 A. STATED HARDSHIP: � "Owner is subleasing property with option to purchase, and there is not enough signage allowable for tenant." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is proposing a variance to increase the maximum square Footage o� a sign for a development from 80 sq. ft. to 101 sq. ft. The request is for Lot 3, Block 1, Mar-Len Addition, the same being 57 - 81st Avenue N.E. Site Located on the property is the ANR Trucking terminal. The property is zoned M-2, Heavy Industrial, as are properties directly abutting it. ANR Trucking is reducing their use of the property and is subleasing a portion of the property to Crouse Cartage Company. Crouse Cartage is requesting a new sign in addition to the current ANR Trucking sign located on 81st Avenue. Analysis Section 214.12.02.B requires that a free-standing sign not exceed 80 square feet in M-1 and M-2 zoning districts. Public purpose served by this requirement is to control the visual pollution and excessive use of signage in industrial districts. Section 214.21.02.A-D of the City Sign Code requires that four conditions be met prior to the Appeals Commission granting a sign variance. The following analysis will evaluate whether the proposed request meets those four conditions: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The property is zoned similarly to adjacent properties in this industrial area of the City. The property is not unique in its shape, size, or layout that would justify a variance to be granted. The property currently has an 80 sq. ft. sign which is the maximum allowed by Code. This sign could be revised to provide area for the requested signage. 13E Staff Report VAR #91-13, 57 Page 3 � - 81st Avenue N.E. � B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and district, but which is denied to the property in question. The property currently has a sign. Denying the variance request would not deny signage for the property, but would reduce the amount of signage to that which is allowed by Code. In addition, if the property is ever subdivided, the new lot will then be allowed to have its own 80 sq. ft. free-standing pylon sign. C. That the strict application of the chapter would constitute an unnecessary hardship. Strict application of the Chapter does not eliminate the opportunity for signage on the property. It would only limit the amount of signage allowed on the property. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The proposed sign, while unlit, would not impact adjacent properties negatively; however, granting the variance would increase the number of signs on the property from one to two and would increase the square footage of signs from 80 sq. ft. to 101 sq. ft. Recommendation As the variance request does not meet the four outlined in Section 214.21.02 of the City Sign recommends that the Appeals Commission recommend denial of this request. Appeals Commission Action conditions Code, staff to Council The Appeals Commission voted unanimously to recommend to City Council approval of the request with one stipulation: 1. The subdivision process to split a portion of the parcel for Crouse Cartage Company shall be completed within two years. If not, the signage shall be reduced to 80 square feet. City Council Recommendation As the request does not meet the four conditions outlined in Section 214.21.02 of the Sign Code, staff recommends that the City Council deny the variance request as proposed. i3F �1 N R �qs r z �-� , � VAR 4t 91-13 � � Leonard Vanasse I � P. L. � S T, /� v�. __ � 13G SITE PLAN VAR ��91-13 13H � ELEVA�'ION � � FRIDLEY CITY COIINCIL MEETING OF JIINE 17. 1991 PAGE 9 Mr. Amborn stated that he has a patio at this location d has a drainage problem. Ms. Dacy stated that there is a limit on the heiq of the garage which she believed was fourteen feet. Councilman Billings stated that the pet' ioner's proposal of expanding on the south side takes advantag of the four foot change in elevation of the property so from th north property line, the actual visible structure that would b een is about ten feet high. on the south side, it is further b on the property. Mr. Amborn stated that the ad' cent properties are a lot higher than fourteen feet. He state that some split level homes are at least twenty feet in height Councilman Billings st ed that, all things considered, he felt this was the most loqi 1 place on the lot to construct the garage. He stated that a sm er structure could be constructed, but this would not allow hi to store the recreational vehicle inside. Councilwoman J genson stated she is concerned that if the street easement is v cated would Mr. Amborn have the necessary turning radius. Councilm Billings stated that he would prefer to table this item to July , 1991 and have staff review the height issue. I�'�T by Councilman Billings to table this item to July 1, 1991. 6nded by Councilwoman Jorgenson. Upon a voice vote, all voting , Mayor Nee declared the motion carried unanimously. C. VARIANCE REOUEST. VAR #91-13. BY LEONARD VANASSE TO INCREASE THE MAXIMUM SOUARE FOOTAGE OF A SIGN FROM 80 S4UARE FEET TO 101 SOUARE FEET, TO ALLOW THE CONSTRUCTION OF A FREE-STANDING PYLON SIGN ON LOT 3, BLOCK 1. MAR-LEN ADDITION THE SAMF: BEING 57 - 81ST AVENUE N.E.: MOTION by Councilman Billings to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #91-13, with the stipulation that the subdivision process to split a portion of the parcel for Crouse Cartage Company shall be completed within two years; and if not, the signage shall be reduced to 80 square feet. Seconded by Councilwoman Jorgenson. Mayor Nee felt that it would not be in the City's best interests to split this property and that the parcel should probably be kept in tact. Councilman Billings stated that if the parcel was not split in two years, ANR would be required to reduce the size of their sign. He 131 �Y- � FRIDLLY CITY COIINCIL MEETING OF JIIN$ 17, 1991 PAGE 10 stated that he would be comfortable with authorizing the variance for a two-year period. Ms. Dacy, Community Development Director, stated that this is an unusual situation because what once was a one-owner building is now becoming a multi-tenant building. She stated that because ANR is reducing their facility they may lease more docks to other businesses. MOTION by Councilman Billings to amend the above motion by deleting the stipulation and substituting the following stipulation: "This variance shall apply until July 1, 1993 and, at such time, the variance shall be reviewed by the City Council and if not renewed, shall expire.n Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAi�N ON THE MAIN MOTION, Councilman Billings, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 7. RESERVOIR REPAIR PROJECT NO. 200: 0 MOTION by Councilman Schneider to authorize Change Or er No. 1 with Western Waterproofing, Inc. for Phase II of th 3 MG Concrete Reservoir Repair Project No. 200 for a ded ion of $225.40. Seconded by Councilman Fitzpatrick. Upon a v'ce vote, all voting aye,J Mayor Nee declared the motion carried animously. 8. RECEIVE BIDS AND AWARD CONTRA FOR COMPUTER HARDWARE SOFTWARE AND SERVICES: MOTION by Councilman Schneider t receive the following bids for Computer Hardware/Software: Company Computoservice, Inc. Infocel Modern Computer stems Business Reco ds Corporation Therefore ystems, Inc. Wang Ly�oratories, Inc. Consultants, Inc. 13J Total Bid $224,623 $24$,124 $252,313 $264,580 $278,602 $314,609 $354,660 �1 . � � 2. Per Section 2 5.07.03.D.(1) of the Fridley City Code, to reduc the front yard setback from 35 feet to 14 feet; To allow the constructio of an addition to an existing garage, on Lot 2, Block 4, ity View Addition, the same being 405 - 57th Place N.E. IIPON A VOICE VOTE, ALL VOTING �YE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISL . Ms. McPherson stated this item �11 go to City Council on June 17, 1991. `'�f+'5az"�„?�b8b4*e,`i9',s��,,'7�.e �*�u:�..qk,,�,,r�s�sr,..: 3. CONSIDERATION OF VARIANCE REOUEST. ��;..#91-�13:��'`�BYy�.LEONPiRD --T� �� VANASSE ;:;� Per Section 214.12.02.B of the Fridley City Code, to increase the maximum square footage of a sign from 80 square feet to 101 square feet, to allow the construction of a free- standing pylon sign, on Lot 3, Block l, Mar-Len Addition, the same being 57 - 81st Avenue N.E. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:23 P.M. Ms. McPherson stated the property is located at the intersection of 81st Avenue and Main Street. It is currently the ANR Trucking Terminal. The property is zoned M-2, Heavy Industrial, as are the surrounding properties. Ms. McPherson stated the petitioner is subleasing a portion of the ANR Trucking Terminal to Crouse Cartage Company. The petitioner is proposing to install a 21 square foot sign to allow the public to find the Crouse Cartage Company. However, the sign increases the maximum square footage of the sign on the property from 80 square feet to 101 square feet. ANR Trucking currently has an 80 square foot sign. M� McPherson stated that Section 214.21.02.A-D of the Sign Code outlines four conditions that must be met prior to the Appeals Commission recommending approval of a sign variance: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. 13K � � � � � . t �_ � APPEALB COMMIBSION 1dEETING, MAY 28. 1991 PAGE 10 The property is zoned similarly to adjacent properties in this industrial area of the City. The property is not unique in its shape, size, or layout that would justify a variance to be granted. The property currently has an 80 sq. ft. sign which is the maximum allowed by Code. This sign could be revised to provide area for the requested signage. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and district, but which is denied to the property in question. The property currently has a sign. Denying the variance request would not deny signage for the property, but would reduce the amount of signage to that which is allowed by Code. In addition, if the property is ever subdivided, the new lot will then be allowed to have its own 80 sq. ft. free-standing pylon sign. C. That the strict application of the chapter would constitute an unnecessary hardship. Strict application of the Chapter does not eliminate the opportunity for signage on the property. It would only limit the amount of signage allowed on the property. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The proposed sign, while unlit, would not impact adjacent properties negatively; however, granting the variance would increase the number of signs on the property from one to two and would increase the square footage of signs from 80 sq. ft. to 101 sq. ft. Ms. McPherson stated staff is recommending that the Appeals Commission recommend denial of the request as the variance request does not meet the four conditions outlined in the Sign Code. Mr. Leonard Vanasse stated that the property is owned by Gulf Coastal, which still operates ANR Trucking on a limited basis. The company is proposing to subdivide the property. A fair amount of the subdivision has occurred in the interior of the building. The final approval to subdivide the property and sell Crouse Cartage their portion of the property is going to take some time. In the meantime, they have no signage. This is a large property, 20 acres, which is a fairly large piece of property for only one sign. 13L � � APPEALS COMMI88ION M$ETING, MAY 28, 1991 PAGE 11 Mr. Vanasse stated that while they are trying to get the property subdivided and finalized between the two corporations, could a temporary variance be granted for the sign for a period of time, subject to completion of the final subdivision? Zt is very difficult to run a business like Crouse Cartage without having a sign of any kind. Ms. Savage.asked if City staff has an opinion on signage when two companies occupy the same site. Ms. McPherson stated it could be looked at the same as a multi-tenant building with two tenants. The City allows a pylon sign of 80 sq. ft. , and the tenants have individual wall signs. In this instance; wall signage would not be practical because the building is not visible from the street. Mr. Vanasse stated that when the property was approved for a truck terminal, they were required to have a 4 ft. berm and 8 ft. fence and extensive landscaping. But, that landscaping now creates a hardship, because the building is not visible. If people could see the trucks with the company name, there would be no need for a sign, so they need a sign out on the street. This is not a very big sign. Theoretically, according to Code, they could subdivide the property into more parcels and each parcel could have an 80 square foot sign. No consideration is being given to the size of a parcel. � Ms. Beaulieu stated that when the property is subdivided as explained by Mr. Vanasse, is Crouse Cartage then allowed its own sign? Ms. McPherson stated that is correct. Mr. Vanasse stated he thought a temporary variance would be the solution. MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING CLOSED AT 8:41 P.M. Mr. Kuechle stated he did not like tv recommend approval of signs over 80 sq. ft. He did think the Crouse Cartage sign is a very nice sign, and he could appreciate the fact that the company needs a sign. He did not understand why ANR Trucking could not reduce its sign proportionately. With the costs that have already gone into subdividing the building, the cost of a different sign would not be a very large percentage. That seemed like the valid option. In this case, signage is not necessary for the general public, because the only traffic is probably other truck drivers from other companies. However, he would be willing to recommend to City 13M � � APPEALS CO�ISSION MEETING, I�AY 28. 199i PAGE 12 Council approval of this variance with a stipulation that the subdivision must occur within two years. Ms. Savage stated she normally is very opposed to increasing the size of signs. She had a hard time finding the property, because the existing sign is not a very intrusive sign and the buildings are set so far back from the road. She did not think a larger sign � in this type of area would be visually polluting in this type of area, and it seems Crouse Cartage Company does need some type of signage. She is willing to recommend approval of the variance with the understanding that the subdivision must occur within two years; and, if not, the sign will have to come down. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR #91-13, by Leonard Vanasse, per Section 214.12.02.8 of the Fridley City Code, to increase the maximum square footage of a sign from 80 square feet to 101 square feet, to allow the construction of a free-standing pylon sign on Lot 3, Block �1, Mar-Len Addition, the same being 57 - 81st Avenue N.E., with the following stipulation: 1. The variance to be granted for a period of two years, at which time the subdivision shall have occurred. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms . McPherson stated this item will go to City Council on June 17, 1991. 4. CONSIDERATION OF VARIANCE RE4UEST, VAR #9Z-14, BY MICHAEL BIZAL, BIZAL, INC.: Per Section 205.18.03.D.(3) of the Fridley City Code, to reduce the rear yard setback from 25 feet to 8 feet, to allow the construction of an addition on Lot 1, Block 3, East Ranch Estates 2nd Addition, the same being 7880 Ranchers Road N.E. MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to open the public hearing. IIP.�N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:49 P.M. Ms. McPherson stated this property is located at the intersection of 79th and Ranchers Road. The property is zoned M-2, Heavy Industrial, as are the properties surrounding it. There is M-1, Light Industrial, zoning to the northeast of the subject parcel. Ms. McPherson stated the petitioner is proposing to construct a 40 ft. by 137 ft. addition to the south of the existing 13N � _ � Community Development Department PLANNING DIVISION City of Fridley DATE: July l, 1993 �. TO: William Burns, City Manager �r•� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Amending Comprehensive Sign Plan for 7820 - 7900 University Avenue N.E.; T.R. McCoy's The property owner of T.R. McCoy's, 7820 University Avenue N.E., has requested that the comprehensive plan be amended to permit the installation of two 22 square foot signs. The signs are proposed to be located beneath the backlit canopy. The signs are unlit and will be constructed of vinyl letters attached to celtec, a type of plastic used by the sign industry. One sign is proposed to be located above the door, the other is proposed to be located on the east wall. The proposed signs advertise the availability of pull tabs at T.R. McCoys. Instead of the typical cabinet style sign with replaceable lexon panels, the petitioner has a backlit canopy containing the identification signage. While the petitioner could remanufacture the canopy to include the additional lettering, the nature of the pull tab operation is temporary and speculative; therefore, the investment of the additional signage as proposed is minimal. The proposed locations appear to be unobtrusive and will not cause visual clutter on the building elevation. The additional signage does not exceed that which is allowed by code for wall signs. Staff recommends that the City Council approve the comprehensive sign plan amendment with one stipulation: 1. Should the pull removed. MM/dn M-93-378 tab operation cease, the signs shall be �� ic,�n U2siyn Criteria t!niv�rsi ty C��nker- /��0 Un i vcrs i t.y Avenue �J. F. Fridlpy, Ilir,nr�sata Provi�ed by L�jndiord at i_andlo��!•. �ost ��nd expen�c: l. /111 huildinc� stri�e1lh`�htin� sh�-�li con:iat oC l,roi•m �nvdizcd extrt�sian, forY.y-L-�+� inr.hes (n�") i�i�}� ��itli lene�th as p�r �;tc�re Len�nt; pl7stie facc ��iitF� ivory t��cl��rc�uncl, b:ckliqhted t1�is �iill b� kno:•in �s a"strip-box"; installed as p��r d�siyn_ Prov i de� hy Ten�in t a t 7enan ts cus t and expense : 1_ 1111 �f cony area is to be mounted on sLri��-b�x and sha11 cc�nsi;t of letters ti•lith ��la�tic faces t•tith eclgelite of on� znd �ne-ha7 f i nches (12" ) to tt•�o i nches (Z" ), s tyl e and co1 or �s (�er tenant. 7hesc� lctters �7re t� be �•lirr.d c�n strip lic�h� hackgraund and '�aid out as per design. 2. 7h�� tallest leCt�r is not to exc_e2d thirty-six inch�s (3fi") in li�iqht and the smallest letter shall not be snaller th�tri six inches (6") ih hei�l�t. 3. Ti�� size of store fror�t area for signage square f'oot ti�►ill be determined by c�ach store totai area_ 4, f c�r cus tom s i �na�e as for a bank or yrocei,y s tore �ti th nit:ional lo�os, they ti:ill be al loti•t�c! their o�•m identi � ication a�hich ti��ill differ fru,<, the siynage criteria. 5. 1'ylon sign identi fica�ion for tl�e st�opping center si�all con- sist of onc s�i�n per street frontag2 t•iith eiyhty (fi0) squar� feet each in size, heiqht not to excced t��►enty-five (25) feet. ' 6. /ll 1 s i qnic�e mus t be a;�praved by th^ Ci �y o t r�•i dl e.y perni t, abidiny t�y city codes and,the signage criteria presenteu also ��ri th l�indlord arid ci �y <ip��roval . � 7 'Ctie t,enant of 7850 {1'R McCoys) he l ow t, he stra_p boa arc�a , and c�n ce.ltec ��r slmila�• substrate i.s allowed materiat 1:0 . mounted on to have sigriS be vinyl letterin � � � � . � � �� n/ � � s �� 14A � � � � _ `� • � 3 � i \� i `` � � � ,. � 1 � i � N � r -a �� -� �� U � �� Q � � d � � � / i '�J O 0 m � CITY OF FRIDLEY MEMORANDOM TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: ESTABLISH A PUBLIC HEARING FOR KNIGHTS OF COLUMBUS FOR A ON-SALE CLUB LIQUOR LICENSE DATE: JUNE 30, 1993 Knights of Columbus is appiying for an On-Sale Club Liquor License. Currentiy, they have a Bottle Club Liquor License. Pursuant to Chapter 606 Section .09 of the Fridley City Code, we are required to hold a public hearing before issuing this license. As a result, we would like to establish a public hearing for Knights of Columbus on July 19. 15 Engineering Sewer Water Parks Streets Maintenance MEMORANDUM 1ri�"� TO: William W. Burns, City Manager �/� PW93-224 FROM: John G. Flora,�Public Works Director DATE: July 6, i993 SUBJ ECT: Receive petition for the Rice Creek Stream Bed and Bank Stabilization Program At the Council meeting of June 21, 1993, the Council received a petition from four residents on the 600 block of Rice Creek Terrace requesting support for their submittal to the Rice Creek Watershed District for consideration in their stream bed and bank stabilization program. Applications for the Rice Creek program need to be submitted through the City to the Watershed District by July 31, 1993. Upon approval, the Rice Creek Watershed District would fund one-third the cost of the construction project. The petitioners are also requesting City support of their submittal to the Anoka County Soil and Water Conservation District for small lake funding assistance for the project. In accordance with the City's storm water policy, the City could contribute �up to 50% of the remaining funds of the project. Based upon rough estimates, the project could cost as much as $62,000 or as little as $14,000 based upon the material used. In those scenarios the City would be looking at a contribution of $15,600 to $2,190. Recommend the City Council authorize the submittal of the Rice Creek Stream Bed and Bank Stabilization Project to the Watershed District and to the Anoka County Soil and Water Conservation District for approval and funding support. JGF:cz Attachment 16 ' C.ITYOF �� July 7, 1993 Rice Creek Watershed District Attn: G. A. Sande, Chairman 3585 N Lexington Ave Suite 374 Arden Plaza Arden Hills MN 55126 Subject: Stream Bed and Bank Program Dear Chairman Sande: PW93-129 The City of Fridley received a petition from four residents on the 600 block of Rice Creek Terrace in the City of Fridley for stream bed and bank stabilization along their properties of Rice Creek. The Council received their petition and recommended approval by the Rice Creek Watershed District at their July 6, 1993 meeting. The City is also submitting this project to the Anoka County Soil and Water Conservation District for additional funding support. Recommend the Rice Creek Watershed District receive the project from Ms. Blaska and approve the project for funding and completion in 1994. If you need any additional information in regard to this project, feel firee to contact me. Sincerely yours, John G. Flora Director of Public Works JGF:cz Attachment 16A July 7, 1993 Ms. Suzanne M. Weedman Anoka Conservation District Raintree Professional Center 11931 Highway 65 NE Blaine MN 55434 Subject: SLR Funding Request Dear Ms. Weedman: PW93-130 The City Council has received the request from four petitioners in the City of Fridley for assistance in the Rice Creek Watershed District's Stream Bed and Bank Stabilization Program. The request from the four property owners was supported and submitted to the Watershed District for approval and funding in the 1994 program. In order to assist in the completion of this work, we are requesting your office to assist in Stream Bank, Lake Shore and Roadside Special Project funding (SLR). This area is experiencing considerable erosion of the very steep vertical banks of Rice Creek as the creek makes a sharp U-turn in this area. The City is also considering participating in the project with your assistance. Request approval of this request and that our funds be obtained for assistance in the project. It is estimated that a gabion solution would cost approximately $62,000. If you have any questions, please contact me at 572-3550. Sincerely yours, John G. Flora Director of Public Works JGF:cz - • . June 4, 1993 John Flora, Direetor of Pubiic Works City of Fridley 6431 University Ave NE Fridley, MN 55432 Subject: Rice Creek Stream Bed and Bank Erosion Control Program Dear Mr. Flora: Because of the erosion that we have been experiencing on a bend in Rice Creek and the loss of property, we desire to utilize the various funding sources available to assist in stabilizing the creek bank with the installation of gabions, .cable crete or other similar materials. Accordingly, my neighbors and I are joining together to submit a project to the Rice Creek Watershed District in accordance with their letter of notice dated June 1, 1993, pertaining to their stream bed and bank erosion control program. It is understood that the Rice Creek Watershed District will consider a stream bed and bank erosion control project with funding up to one-third of the project cost. We also understand that funds may be made available for stream bank projects through the Anoka County Soil and Water Conservation Disfrict, as well as participation by the City through its storm water policy. Request the City consider this praject for submission to the Rice Creek Watershed District for funding. Request the City also consider this project for submittal to the Anoka County Soil and Water Consenration District for funding assistance and also assist in funding this project in accordance with the City's storm water policy. Request favorable consideration of these requests. Sincerely yours, C��'12.�.Q� �� z.-�-1�a� Carol Blaska Attachments 1sc Rice Creek 3585 LEXINGTON AVENUE NORTH, SUITE 374 ARDEN HILLS, MINNESOTA 55126-8016 TELEPHONE (612) 483-0634 June 1,1993 Dear Progerty Owner: Board of Managers Regular Meetings: 2nd and 4th Wednesdays at Shoreview City Hall BONiTA T'ORPE, Admin. Ass't,. In 1990, the Rice Creek Watershed District Management Plan was approved by the State Board of Water and Soil R.esources. The District's Management Plan allowed for the establishment of a bank stabilization program designed to assist public and private property owners in stabilizing lands subject to water erosion. The Watershed District and participating municipaliiies are ready to accept applications for funding assistance to implement erosion-reduction measures. . The purpose of this letter and attachments are to provide 1) information about the Streambed and Bank Program, 2} application for program assistance, 3) examples of eligible projects, and 4) -; generaI criteria to be used by the cities and Watershed District to evaluate applications. Applications will be accepted by your municipality through July 31. Applicants will be notified about the status of their application by September 30. We strongly encourage submission of applications which address multiple neighboring properties. It is hoped that this program will provide a solution to r�any of the persistent erosion problems within the Watershed District. If you have questions, please contact your city public works department, Soil and Water Conservation Dis+.sict, or the Rce Creek Watershed District. Sincerely, RICE CREEK WATERSHED DISTRICT BOARD OF MANAGERS A. j. CARDINAL, $R. ANOKA COUNTY BOARD OF MANAGERS G.A. SAtVDE ROGER L. OBERG N. G. LANCASTER RAMSEY COUNTY �5�/lY�� COUN7Y RAMSEY COUN7Y )AMES M. MONTGOMERY Consultin n��-azza • F��S �_ �91��, ANOKA COUNTY , June 4, 1993 Page 2 RICE CREEK STREAM BED AND BANK EROSION CONTROL PROGRAM Four properties in Fridley located on Rice Creek in the Rice Creek Terrace Plat 7, Lots 5,6�7 and 8 of Block 2(585, 589, 593 and 601 Rice Creek Terrace), are experiencing major erosion of the creek's bank on the curve of Rice Creek. Tf�e property loss has continued and is increasing due to the increased flow and quantity of water within the Rice Creek channel. It is proposed to armor approximately 350 feet of the existing channel on the outer (south) side of the curve to stop the undercutting of the existing bank which varies in height from 3 to 20 feet through this area. The project is expected to involve gabions and/or cable crete materials to stabilize the bank within the existing normaf channel flow area. The project is estimated at $61,500. �� A request is being <submitted to the Anoka County Soil and Water Gonservation District and the City of Fridley to participate in funding of this improvement. Request the Rice Creek Watershed District include this project in their 1994 stream bed and bank program. .� , i'� d�-�' -� - l cc.�--� _ Roger Kaye 585 Rice Creek Terrace �- � Walter Samuelson 593 Rice Creek Terrace 16E ��- �� Carok Blaska 589 Rice Creek Terrace / i �� Galen Carlson 601 Rice Creek Terrace RICE CR,EEK VPAZ`ERSF�D DISTRICT 3b8b LE�IINGTON AVENUE NORTH, Suite 374, AR.DEN HII.i.S, MINNESOTA b6126-8016 TELEPHONE (612) 483-OSS4 A pplicataon to the Streambed and Bank Stabilization Pro�am . Name _�11 �.i G' � �l .-�4'G �llL d� StreetlCity2ip ��' � i ' D �,.� � �,� %> r�.�a �.� �'fL ! �7 t,.-�� S-S�4 _ Telephone Number (day) _ �.5�% � ��3.1 (evening) Estimated Project Cost Crant Aamunt Requested Information to be Submitbed: � Map showing project loc�ation ❑ Minimum of two detailed cost esEimates � Dimensioned cross sectional and plan viesvs of project site '� Short (several paragraphs) de�cxiption of pmpoeed project including site history, alternatives considered, etc». ❑ Phot��aphs (optional) I�InTICF. TO APP ,I , N'I :G - Property owners are encouraged to work with their respective Soil and Water Conservation Districts and city staffs to develop applications. Applications should be submittp:d tn yo �r ci .v nublic works d.partment no lat .r than Tu,lv �1 , Applicants will be noti�ed of grant status by September 30. Application support materials should allow for an evaluation of the applicaiion and comparison of the proposal with other projects. Applications that are incomplete -or provide inadequste information will not be considered during the cunent funding cycle. These applications, and those which do not receive high enough priority, may be improved and submitted for cbnsideration during a future funding cycle. Uniunded applications must be resubmitted by the applicant for consideration in a future funding year. Applications requesting reimbursement for amounts exceeding $10,000 may require the applicant to submit documentation showing attempts were (or are being) made to secure local or state financial assistance to augment District contributions. 16F . I . . • w � � � � � O � � � � � 0 �. � � v � � � - S .. �v � � i _ �� . . `' � • ° •� t.��_ + , N� � b Z /'� �, • � �•3 �7 :. b . p � •' �, �1 ' �. N 1 �� . a .. �.. I °\ ^ • � .� � ' � i L �� '1i �t � 4 '� � � A �Y � .o J • � � � �~� +� s' �'�� ` ~ �w � i�//� � _ � � .. � � . 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J `� ?i , 1 ? _ _ _ �1�� : 1S1 � ;,� ;� _ 1i �' ��`� ;�� _ _ �`` = i "N . _ ,�i� ; _, �� _ _ _____ , __ _ J � � � �J � N V-. o � � _ __�_ __ , _ __ _ Eng�neenng Sewe� LVa1er i��fk5 Slreets �iM1laintenance MEMORANDUM . TO: William W. Burns, City Manager �� PW93-226 FROM: John G. F1ora,�Public Works Director C�/�lyde V. Moravetz, Engineering Assistant DATE: July 6, 1993 SUBJEG"T: Acquisition of Real Estate through Condemnation We have, since April, negotiated in good faith with Quality Growth, Inc., owner of Outlot B, Shorewood Plaza, for the acquisition of the parcel. This outlot is the proposed location of the booster station planned in conjunction with the TCAAP watermain project The owners wanted the City to obtain an independent appraisal, which we did from Curtis Larson, Real Estate Appraiser. The owners then wanted another appraisal as they thought the initial appraisal was too low. Our assessment records indicate a value of $10,000 for this parcel. We understand that through their recent tax adjustment petition, they agreed to that value for Outlot B. Our appraisal for Outlot B was $12,500. During the negotiations, we also offered to obtain appro�nately one-half of the vacant parcel. The owners refused this. They are now requiring that they approve landscaping of the area and the actual design of the booster station as well as payment in excess of $40,000. Attached is a resolution which we request Council's authorization of at their July 6 meeting. CVM/JGF:cz Attachment 17 �� • ,. � 1�OLU1'IO�i I�. - 1993 •i:�= • 1 •; �� :,�•� n n �:i' ias+:�_ : �� i� • � �: •• � �:i:. �� •� •�� w�+•�v• � �,• •:�•� �:�_ •.� W:�:�� r_ � r:r o- n i:� � �: r� � �,8, the City of F�idley in j oirYt agree�ent with the City of New Bright�on and th�e D�ar�er�t of the Anny has agYeed to vonstruct a naanicipal watex ' 'oa1 line, ar�d �S, this ' 'on requires the con.struction of a booster statio� for i�ipt ar�d dispexsal of water, arid �,8, Outlot B of the Shor�wood Plaza Plat has been identified as the best site for the booster station, and �iS, the City has atten�pted to n�gotiate the p�d�ase of this paroel with Qu�ality Grawth, Inc., and �,5, Quality Graath, Inc. has not avoepted the City's offers, ar�d �P,B, the City Cauncil has heretofore �d that time is of the e.sse�zoe to acquire this vacarit property fo� the pla�nner�t of a watermain booster station. Ia7W, �, B� IT RFSOLVED 7�iT, the City �il of the City of Fridley, Anoka County, Minnesota, as follaws: 1. Aoquisition by the City of the follawir�g described prap�xty is neoe�sary for the p�urpa-�e of oonstructirig a boost�x station in conjunc.-tion with a 20-inc� watermain impravernent project: Outlot B, Shor�wood Plaza 2. Aoquisition of the abave described rea]. estate has been attempted w�.sucx�essfully thra�x� negotiations at�d the City Attorriey is hernby authori.zed and directed on behalf of the City to exe.rcise the powPx of e�mir�ent dcanain pursuant to Minnesota Statutes, Chapt�x 117, ar�d is specifically authorized to natify the awr�ers of intent to tak,e the earliest possible p�ssession p�nt to Minn�esota Statutes, Section 117.042. 'Ihe City Attorney i.s further authorized to t�ke all actions nevessary and desirable to carry out the pazrpo�-.�e of this resolution. 3. That the exper�diture of $12, 500 is hereby authori.zed ar�d approved as an appra; �� of damages to the subject property arxi represents the City's appraved appraisal of value. PASSED AI�ID ADOP7.tiD BY Z� CITY OO�CIL OF � CITY OF FRZDLEY �8 6'tS L�7C �' JULY, 1993. � WILLIAM A. Q�A - CI'I'Y CLERK WILLIAM J. NEE - MAYOR 17A i . , AU DIT �1�S co � ��;;N t4� SU(3DIVfi�ION � ` �° —� �:� �4e� ' �.: '�y-; ��.-,r ,-;� �G.; ^` �_.. .,l ` z.�� - -'� -. -- S 1� - - .� � . �S� .��; (�caJ i%•' rf/e 6dnu � 0 2 % �by °� �� °� � � �eoaar E'/' � a+ � J ; ( � e�� ( ui I O �` lr�n•. <'Ask � � .5 `� y, qI�C�/JL. l�q�a� I (5) � 2 °, - _1'�� - — 9, r� f� �,�o ^ _B<•,�,-„�: ` - ( ; I �po . ;� � z (¢.z� (6) ( � — _ -- � o �6') (`��) o ^ o h�!''Jr` o � p 5�y � t'za �� Lovir,v. o--I--- - � 6a � , q�/aro (2i�m �� o (� i' � e � i I < Oa6or, csAi r n � � I � i %"' � '\/'ESi, /��: , —�� _.'�- �1on��b�/O�.Kh �a� � �i4� . 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(31 it � ji yv a aGof/rr,/.1f '`O 'i � 6 C /\�1 so !e .<< s_� I S / �i`�eYh �`f ' 3� � �5� � �fl<e,� t9 2Sf J �� G1" �� Co� ' 9o�t��t0 � � � . . �' �°_�.a•� � � B�jo! s ° '� /� j� � �,' \ - ' T y� wr<c. — , _ JR IL/ < / � .-.o "'r .. �, � • � �, < ti:r 3oy-:2� .¢- ... o I�-u.�.• .3 �� • �q� �8� q � - � �a � �; � e , 2 ,�ti � . `, / 3� �D'S}rc � y�4, � Or � . �� \ O • F9a ' � � _ I r' `�0 • . � �s �, �� t� � ^t � 'r„i.. - _ _� � 1 +; I� �U �E ' �" ' ,�,�1 w�'^'�y � �1 J � � � ,r . �J,� � � � S� 2oS./3 "�� ' � , ...� ;.•: '� - � iool( ) 4 0 �� ' (t1 1� 1 . �� b�Q . l ` . ��2 \^yi �� QQ 'r . �5' � ,9,1 � � �� AUDI ORS ; , �, ' , ,:� 9 � \,� Q,O . ,�, . „ r � � �V � � • �; .�i'�`.•' c�1.t5 3 «i \ tl� "` � �� - � e ,t,� .�. ;. �� . N �0� I 1 r 'J�.�,6�9� . r•. ,, . �� _.....-.-�.- �QQ � , /O� ' ;�'• , yP[o' ti � ��.:. 'i b ' ^ � k:2��o� �. - - 2-� � T i �QRE -- , iy°" ,'i' ':.i, ,. • �r _ _ � L A I�E , S », a� ;,Y I A >�f-,. _ � . � ... ' � , . `e=� � � .�.� ;: � A,� ., � 0 `� . � I � ;�� ' : � , �ti �. •, ; / �� < � , � . � � �e �' I N �— r I i M/ �+7"7 � � � M .� '_ ` ` , _ � MM � / /'' 4 \ Q . � � \ ' , ' , � � � I - � � � ';. i' ' , _ _ ` �� I I 0 2'1'1 ^ I ,� J + I,' �"� ! , ' rUY• - � �� , . ,,-f - „!��':� , � �� '� . �_ : � � ! :4.,, a : �� 1.?� �� .. � - -- - ., 9 � i.ifa � Engineering Sewer Water �Parks IStreets Maintenance MEMORANDUM TO: William W. Bums, City Manage� �` PW93-236 Y � FROM: John G. Flora, Public Works Director DATE: July 6, 1993 SU B.1 ECT: Hoid Harmless Agreement with Mn/DOT for the Variances on 53rd Avenue, Regis Lane and Cheri Lane We have received approval of MSAS variances for the vertical curves on 53rd Avenue and Regis Lane, and the horizontal curve on Cheri Lane from the MSAS Variance Committee. In orde� to expedite the plan approval and funding for the MSAS streets, a hold harmiess resoiution is required by the Minnesota Department of Transportation. Recommend the City Councii approve the attached resolution for the Hold Harmless variances on the 53rd Avenue, Regis Lane and Cheri Lane MSAS streets. JGF:cz Attachment � � � E�DLfY RE90?�TI�T 1�U. - 1993 �807�TIOTI AI�ID �DIaII� ffi�NIILSS Z� 8'1�TE OF' N�OTA FOR 1�LTI�18 ARISII�IG �'!�I Z'� Qt1�1Nt'IIaG �' �iR�N� �T S.A. P. 127-319-04 (C�RI Li�i� AUID 53RD AVENt)E) AI�ID S.A.P. 127-350-01 (ItHQB I�) STREET I�1F:N��P PRQTEGT 1�. 1993-2 W�RIIs,s, the City of �idley requested a variance frcan Minriesota Standard Procedure for two crest vertical cu.xves of 27 arr.� 25 miles per haur ar�d one horizontal curve of 27.4 miles per haur, in lieu of the required 30 miles per hour design sp�ed on the follawing street sec�ents: Cheri Lane — 53rd Ave to Fillmore St (27.4 mph horizontal cuzve) 53rd Ave — Fillmpre St to Matterhorn Dr (25 mph crest vertical c�zve Regis Iane — Ragis Dr to Matterhorn Dr (27 �ah crest vertical curve) �,3, the Department of Transportation of the State of Minnesota has grantsd the variance requests as herein described. NOiW, �'ORE, B� iT RESOLVED by the City of F'ridley, Minnesata that in aoco� with the Minnesota De�nt of TYan..,�ortation requir�nents for granting the req«ested variances, the City of Fridley hereby indemnifies, sav+es and holds h�mless the State of Minne��ota and all its agents and ett�layees of ar�d froatt ariy and all claims, d�mands, actions, or causes of action of ariy nature or character arising out of or by reason of, in arYy matter, the 'oa� of the two street s�qments mentioned abave in any other manner than as in a000rd�noe with Mirmesota l�ules 8820 and further agrees to defer�d at theix sole cost ar�d expense any action or prooeeding ocarnnerioed for the puY��se of asserting arry claim of whatsoever character arising as a result of the granting of these variances. PAS3ID AI�ID ADOPTED BY � CITY � OF 7� G'I'1'Y OF FRIDI�Y '1HI8 6'18 L�iY �' JULY, 1993. : Y Y �.71 WILISAM A. CE�ME�A - CITY C7�ftK . � L'��+Tii�u ►I� u�. • : / ►' � y ' W i; ' . 3's -r' // / �� ' - � � i Eii ��i, 4:7 P v Q' C� C� •�°o . � P�y ?� � `� � � 21 � �� n h 0 i C�-�IERI LN. NO AVE CIRCL ��M.S AS.� / AVE h�f ti� c+ f� ti� • �� ' HACKMANN GR. MIfK ♦ � � 1 � �� I � � � � GAROENA' ' • . � . ; ' I � � �) I 1 � ' .. ' . � . � ' � � � � ' � � I ! J I � � , ' . n � � '' I I I I � I 1� 7DT1� �4KACt ;MIaM � ' 1� I � I I�' , I(CATM. CO•[C 0 5� � ��,�I I� �� II _ � ��I ! �� !I�� Z � � �'� I �'' I �' ( � � W � i'��II'(��1�'I�I�'''''I 0 I I I � I � I � I( �� ( ��I��'��' I II ��) �� I�� I" I�� i��li4ll iII �II� ;i�,li��iilli�ilii . NATMAwAv �ANf � . � � � ORIVE I � W � -T-t �--� -+ it I --i-- � ¢ � -1-�-1 i--' f-�- �_� o' kEWS T � � 1�- + J �- r I. I i .^ _ � i . � . � , �_; i I- I +� � - � � NORTM PAR � �_ j o - i- 1--� 3 C M. �' �.� �. � � ' � � 1+—I a� a�-} .� .� � J '�� I I 'F /- I '! � '4'tH � � -1 1� j---� •� •1 -� � � - � � �n �� 1-1 t I--�- � z � u -1 � -I l f—� -i� � � c + /—�-j G�3 I + — � E L - . _ _� _ _ REGIS LN. �w V� 4 S. 3 �� T� 1 \ i, J i Q4 ti a �� , , ;� � � � t_ W � o GWRT � � a� 3 � F � Y � � � � ( � MATT. CIR. GROLE Mb . � SKYWO00 LANE I ' ' ..n. ( i � � s�RO AVE. 1 I E I J ----------------�-i3 MY C? ►- . � W \ W W W i � F 53RD AVE. > � a a = = W � ; J V J _ W Z � 09r�. ' n = o CAO��MAGEN < u z = s c u � � � _ m � iANE W G�AU _ � Np AVE- r- < � ac = W �n `� . r, a � � .i .. .. .. .. .. .. .. .t. n y COLUM�� HEIGHTt � �': _ _ C17YOF FRIDLEY MEMORANDUM Municipal Center 6431 University Aver►ue N.E. Office of the City Manager Fridley, MN 55432 � Wjlliam W. Burns (612j 571-3450 TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager �� DATE: July 1, 1993 SUBJECT: Star of the North Summer Games Contribution At the last City Council meeting, I spoke with you informally about the request from representatives of the Star of the North Summer Games for a contribution towards the funding for this event. The three council members present at the last Council meeting indicated that they would support a contribution up to $1,000 with proper jusfification. Jack Kirk provided the attached memorandum to justify a contribution towards the Star of the North Summer Games. t would also add that the Star of the North Summer Games attracts more than 10,000 participants. In so doing, it provides support for area retail outlets, including the hotel/motel industry. I would also emphasize a point made in Jack's memorandum--that Fridley was one of the sponsors of this year's games. On Tuesday, July 6, 1993, I would ask that Council give formal approval to the contribution of $1,000 to the 1993 Star of the North Summer Games. Thank you for your consideration of this item. VWVB: rsc Attachment 19 � City of Fridley [� Recreation & Natural Resource Department 6431 University Avenue NE, Fridley, Minnesota 55432 Phone # 612-572-3570 Fax # 612-571-1287 June 25, 1993 T0: William W. Burns City Manager FR: Jack Kirk � Director RE: STAR OF THE NORTH SUMMER GAMES At our Department Managers meeting last Tuesday you had asked me to come up with some rational for Gnancially supporting the Star of the North Summer Games. The primary justification for support is that Fridley is one of the host communities for this amaieur sports/recreational event. Other host cities are Anoka, Blaine, Centerville, Circle Pines, Coon Rapids, Lexington, Lino Lakes, Mounds View, New Brighton, Spring Lake Park, and Anoka County. School Districts participating are Anoka Hennepin, Centennial, Fridley, Mounds View, and Spring Lake Park. There are 29 different sports on this summer's program, and over 10,000 athletes are expected to participate in the 3 day event. The money being requested from the City of Fridley will be used to help with major costs associated with the Star of the North Games such as the opening ceremony and volunteer recognition events. The Star of the North Games were created in 1987 by the Amateur Sports Commission. It is an olympic style, multi-sport, festival of competitions open to all Minnesota amateur athletes regardless of age or ability. I betieve that our being one of the host communities for this state-wide event should justify our �nancial contribution of $1,000 towards the Star of the North Games. JK:sj � �, JK93-67 2 3 /� \-G�,�F 1 P��Q � F� � q J �-, . ,_' . . _. --.. � 7 � _' � �� /U O�v,/ / HOSi CITIES Anoka Biaine Centerville Circie Pines Coon Rapids Fr�dley Lexington Lino Lakes Mounds V'�ew � New Brighion Spring Lake Park Anoka County NOST SCNOOL DISTRICTS Anoka-Hennepin Centennia! Fr�dley Mounds Y�ew Spring Lake Park NORTH METRO OR61tNIZIN6 CONIMITTEE Dr. Chris H�er, Co-Chair Eiliot Perovich, Co-Chair Barclay Kruse, Local Director )700 -105th Avenue N.E. Biaine, Minnesa�a 55449-4500 612-785-5630 800-756-STAR ��N � 9 1993 June 8, 1993 Mr. William Burns Fridley Gity Manager " 6431 University Avenue N. E. Fridley, MN 55432 Dear Bills Thanks for taking the time to listen to my plea for a": donation to the 1993 Star of the North Summer Games.� I am enclosing several pieces of information re].ative ' to the Games. We anticipate that 10,000 people will- participate. : The.Finance,Committee has the task of..raising $60,000 to ensure that the games come off as scheduled. To date we have-.in hand or pledged $47,250;. Anything the City of Fridley can do wi11 be.appreciated. The:cities of Blaine and Coon Rapids have eaeh:_paid/pledged $5,000. _ Thanks again for whatever help you can'give us. You s very truly. � o F ger trom Chair, Finance Committee RF/js Enclosures [�STARLTR] • � . h- 1993 Star of the North S�er Games Background Info=mation W�T= The Star of the North Summer Games is an Olympic-style, multi-sport competition held annually for all Minnesota amateur athletes regardless of age or ability. WHO: WHEN: A projected 1Q,195 participants from over 30U Minnesota communities are expected to compete in the 19 9 3 Suuuaer Games . • June 24-27, 1993 WSERE: The Twin Cities North Metxo communities of Anoka, Blaine, Centerville, Circle Pines, Coon Rapids, Fridley, Lexington, Lino Lakes, Mounds View, New Briqhton and Spring Lake Park. OLY�IC PAGEANTRY: The Star of the North Summer Games includes all the drama and excitement of an Oiympic Games, complete with a torch run and an official ceremony. The official ceremony features a parade of athletes and lighting of the Star of the North flame. 1"�?�Ar.a: Commemorative gold, silner and bronze medallions will be awarded to the top three finishers in each competitive category. More than 7,000 medals will be awarded duri.ng the 1993 Summer Games. it..�.,�:�• ..i- :��n , . Year 1988 1989 I990 1991 1992 1993 1994 1995 1996 Host Cities St. Cloud Burnsvilie Rochester Blaine-Coon Moorhead Twin Cities Rochester Mankato Area Moarhead 19C Rapids North Metro Participants 4,354 13,966 10,043 9,618 5,460 10,000+ 8,000+ 8,000+ 5,000+ HOR: The '93 Sta= of the North Summer Games are governed a 23-member steering committee, composed of representatives of the host cities and schooi districts. Additionally working cos�ittees include representatives of all North Metro Chambers of Commerce, many service organizations, sports clubs, community leaders. The steering committee is supported by an executive director. by and The 1993 Star of the North Summer Games is an official lo�al organizing committee recognized and sanctioned by Star of the North Games, Inc. a 501(c}(3) nonprofit, charitable organization. Here is 1993 Summer Games steering coa�ittee: NAME Dr. Chris Huber, Co-Chair Elliott Peronich,�Co-Chair Don Mathiowetz, Treasurer Connie Connor, Special Evenrts Chair Ron Fagerstrom, Finance Chair Gregg Kroll, Jill Brown, Marketing Co-Chair Marketing Co-Chair Maurice Anderson Dennis Arthur Brian Derwin Paul Erickson Brian Hegseth Mazv Johnson, Jr. Jack Kirk Margaret Langfeld John R. McClellan Jim Peterson Dave Phipps . Rick Robbins� Mark Robertson Tom Snell Elwyn Tinklenberg Ann Zitzloff Barclay Rruse 19D AFFILIATION Supt. Spring Lake Park School District Anoka County City of Spring Lake Park Northtown Mall Chief, Spring Lake Park /Blaine/Mounds View Fire Dept. North I�etro business owner State of Minnesota City of New Brighton Anoka-�iennepin School District II.S. Weightlif�ing Federation Executive Director, MASC Centennial High School City of Mounds view City of Circle Pines Commissioner, Anoka Connty Superiritendent, Centennial Schoal District City of Blaine City of Fridley North Metro business owner Athletic Director, Blaine High School Executive Director, Anoka County Chamber of Comme=ce May�or, City of Blaine North Metro bus i.nes s person Executive Director PROPOSED SPORTS � VEIvUES : Athlete Village National Sports Center, Blaine Headquarters Registration Official Ceremony National Sports Center, Blaine Archery National Sports Center, Blaine Badminton National Sports Center, Blaine Ballroom Dance Bel-Rae Ballroom, Mounds View Baseball Multiple North Metro venues Basketball Multiple North Metro venues Canoeing Rum River, Anoka - Cycling: . Criterium Fridley Road Race Centerville Track� National Sports Center, Blaine Mountain Bike Elm Creek Park, Maple Grove Disk Golf Mounds View Diving Centennial Junior High, Circle Pines Fitness Walk Aquatore Park, Blaine Golf Chomonix Golf Course, Lino Lakes Gymnastics Northdale Middle School, Coon Rapids Horseshoes Loche Park, Fridley In-line Skating: Criterium Fridley Road Race Centerville Judo National Sports Center, Blaine Karate National Sports Center, Blaine Powerlifting Moore Lake Racquet Club, Fridley Soccer National Sports Center, Blaine Softball Blaine A�*'rnort Park, Blaine Sw��nq Centennial Jr. High, Cixcle Pines Synch. Swimming Roosenelt Middle School, Slaine Taekwondo National Sports Center, Blaine Tennis Blaine High School, Blaine Track and Field National Sports Center, Blaine Water Skiing Mississippi River, Coon Rapids Volleyball Multiple North Metro venues Weightlifting National Sports Center, Blaine Wrestling Coon Rapids Middle School, Coon Rapids 19E 20 21 � � � _ FOR CONCURRENCE BY THE CITY COUNCIL Fl21DL.�El1 . Type of License: B�r�. TRANSIENT MERCHANT '- Sun Ripe Citrus Dennis Froehlich 312 Cora St. Johnsor� Creek,W:53038 � TREE REMOVA�� Bratt Tree Co. . Walter Bratt 3520 47th Ave. So. Mpls. MN 55406 Outside Services Inc. C. Dalske � P.O. Box 875 � � Anoka, MN 55303 USED MOTOR VEHICLE . Coon Rapids Chrysler P7ymouth Mark Whiting 2710 Coon Rapids Bivd. Coon Rapids, MN 55433 Thomas Pontiac Buick John Hirsch 3815 Coon Rapids Blvd. Coon Rapids, MN 55433 BOTTLE CLUB " North Air home Assoc. Timothy Christensen 6831 Hwy. 65 N.E. Fridley, MN 55432 a . 2 2 Approved By: LICEN8E8 James P:Hill � ' Public Safety Dir. James P. Hill Public Safety Dir. �� ' �� Fees• $60.00 $40.00 $40.00 $150.00 $150.00 $50.00 � � FOR CONCURRENCE BY THE CITY COUNCIL ��j�� Pe�erson Bros Shee�o�tal 4110 Centtral Ave #lU6 � Columbia Heights MN SS421-29fi3 � �Randy Peterson Thompson Air Inc 5115 Hanson Ct Minneapolis MN 55429-3108 Floyd Thompson �BN�?I�A�G��T�1l�'S?R-RESIi�ENTLAL Beers Randy Con.shvction (6551) 4208 6 St NE Columbi� Heights MN 55421-2827 Randy Be�rs Cities �Iame Imprc�vement Co (1834) 6148 OLson 1Wlemc�ial Hwy Golden Valley MN 55422-4919 Robert Cialiscm Durabilt Associates {30Q4} 7343 A�nn Ct Eden Prairie MN 55346 Tom Kasp��ak Meiand �anstiuction Inc (4980} 5234 Red 4ak Dr Mounds View MN 55112 New View Re�nodeling (2838) 16116 ET�chanted D►r N Andover MN 5530�-2322 Patio Enclosures Inc {1b76} S 12U +Cedar Lake Rd St Louis Park MN 5541G-1b41 Patsch 7ames L Constructivn (4294} 3427 Humboldt Ave S Minneapolis MN 55408-3333 West�m Remodelers (384'7j 2520 W Larpenteur 5t Paul MN 55113 Scoit Melaud Todd Blair Hanoa Anderson James Patsch Sheldon Goldman 22A LICENBES CLYDE WILEY BLDG/MECH INSP Satne STATE OF MINN Same . Saine Same Same Same Same Satne woods Construction co Inc {873� 7728 Knollwood Dr Mounds View MN 55112-5823 HEATING Northern Air Corporation 75 S C}wasso Blvd Little Canada MN S51 I7-1029 Peterson Bros Sheetmexai 4110 Central Ave �106 Columbia Heights MN 55421-2963 Thompson Air inc 5115 Hanson Ct 1Vlinnes�olis MN 55429-3108 P,L�,j11j�INC ". A-Handy Plumbing 1332 Bayard A�►e St Paul MN 55116-1640 Para.gon Plambing & Htg Inc 350 Ely Street NE Fridley 1�IN 55432-1724 SIGN ERF.CT�R Crosstown Sign Inc i0ib6 Ceniral Ave NE Minneapolis MN 55434-3665 I w� wooas Terry Gaedce Randy Pet�rson Floyd 1'hompson Ray Vinzant Brian 7ohnson Rick Fox 228 � .� CLYDE W1LEY BLDG/MECH INSP Same Sam� STATE UF NtINN Same TOM BL�AZINA BLDG OFFiCIAL APPROVED BY R.H. LP,RSON, FIRE ��ION BUREAUjHOUSING INSPECTOR 23 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridfey, Minnesota 55432 June 21, 1993 Honorabie Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: - . : CERTIFICATE OF THE ENGINEER . -- � - �- We hereby submit the Final Estimate for 1992 Street Improvement Project No. ST. 1992 -1&2, for Northwest Asphalt, Inc., 1451 County Road 8, Shakopee, MN 55379. We have viewed the work under contract for the construction of 1992 Street Improvement Project No. ST. 1992-1 &2 for Northwest Asphalt, Inc. and find that the same is substantiall�� complete in accordance with the contraet documents. { recommend that final payment be made upon aceeptance of the work by your Honorabie Body and that the one year contractual maintenance bond commence on June 18, 1993. Respectfully submitted, ohn G. Flora � Director of Public Works JT:cz 23A June 21, 1993 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRtDLEY STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1&2 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantiaily 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 vne-year maint ce bond, starting from the day of the final inspection that being June 18, 1993. �� Th ector �� . Thomas Kenney, Project 23B June 21, 1993 City of Fridley 1992 STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1&2 PREVAILING WAGE VERIFIGATION This is to certify that Northwest Asphalt, fnc. 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. NORTHWEST ASPHALT, INC. 1r.,.�z � . � , Thomas Kenney, Project S rmt dent 23C � - r 0 June 21, 1993 _ City of Fridley 0 1992 STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1&2 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actuaffy furnished and done for the above-mentioned projects in accordance '� . with the plans and. specifications heretofore approved. The final contract cost is $1,062,965.50 and the final payment of $29,565.70 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. NORTHWEST ASPHALT, INC. �,'�v..�� `'� . � Thomas Kenney, Project 23D CITY OF FRIDI.EY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 FROM: City of Fridley Engineering Division TO: Honorable Mayor and C'ity Council City of Fridley 6431 University Ave, NE Fridley, MN 55432 Dated: JUNE 21, 1993 RE: Estimate No. 9 (FINAL) Period Ending: 6-18-93 FOR: Northwest Asphalt, Inc. 1451 County Road 8 Shakopee, MN 55379 �� STREET IMPROVEMENT PROJECT NO. ST. 1992 - 18c2 551-00-00-415-4530-4065 - Paving Project -(City) $%� D� i�� 408-00-07-415-4530-4083 - Riverview Heights Parking Lot $ � 2 2•�9 408-00-00-415-4530-4010 - Moore Lake Pa�king Lot $/_ /�$ � 551-00-00-415-4530-99Q2 - Street Reconstruction Program (MSAS} $1y�� 2 0 551-00-00-415-4530-9903 - Wal�Mart $�D f0� 17 � STATEMENT OF WORK > . _ :::: . .. . :...: .... ..: ...:'.:.:. ... : :::: ...... . :: : :::.: . AMOUNT >:;,:.. , _ :.;;;::.:::::,::..�::.:::.:,:::.::;;;;;>::: ;::.. _ .. ; : ; _:;,;;::::..:::>::::<:>;>;.::>: �:>:::<:>::><;::;::>�:>::::>:::::::s::::;:>;;::: :: .. . ;::>::.;;:;;.:,;;;::.;;>;;;;;:::::. ... . _:. : . ,: .::;; . ;:; < ..»::::�: :: �<:.::::::>:::.;.;�:>:::;:>::>::>>.>:�::>::;:::::<:>:�:,::>::<::;<< ...: . . . . : :.. ;:<:>:<;<:::>::::>;»;::>::::::>:<::«<::>::>::>�:>::�:::: :;::;:>.>�:::: ;>;:: ' .. .:TOTAL.... : ....' .......................:............................................:......_...:..::.: ES.TIMATED:.;:.:::::U:NfT::::. :. :.::::::::::::::::::::..:::::: ::::.:.'�HIS:.:::.::::::::::.:::.......:::::.....:,:.: ;.:. . ,............�....... ...... ........ ;::�;;;:::>:::>:<>::::» <: �:»>::»,<;;»::>. . ,. ,. . - :::::::::::::::::.:..:.::.:.:.::::.:.;::.:::: >: :: :::.:::.:.::.::: .::::. , , : : ::. : .. ,:: CbNT�ACT 1TE�1.. ; .; ;QUANTITY .. ,: pRICE :. UNI; ..:.�S711V1ATE ::'�"�TAL ;: ; AMOI�NT ` PART A GARDENA AVENUE SAP # 127-303-04 ``-- 551-00-00-415-4530-9902 Aemove Bituminous Pavement 45 10,00 Sq. Yd. 0.00 45.00 450.00 , Saw-Cut Bituminous Pavement 105 4.00 Lin. Ft. 0.00 105.00 420.00 Mill Bituminous Surface 5,365 5.00 Sq. Yd. 0,00 5,365.00 26,825.00 Type 41-AWearing Course Mixture 1,920 22.60 Ton 0.00 1,844.00 41,674.40 (incfudes oit) Bituminous Material for Tack Coat 920 1.00 Gal. 0.00 920.00 920.00 Adjust Gate Valve Box 18 100.00 Each 0.00 18.00 1,800.00 Adjust Frame and Ring Casting 16 100.00 Each 0.00 16.00 1,600.00 Brick Walk 320 9.00 Sq. Ft. 0.00 560.00 5,040.00 Concrete Curb & Gutter, DES B618 100 4.85 Un. Ft. 0.00 100.00 485.00 Turn Arrow Pavement Message 2 440.00 Each 0.00 2.00 880.00 (Left) (Poly- Preform) Turn Arrow Pavement Message 2 440.00 Each 0.00 4.00 i,760.00 � (Right) (Poly-Preform� ` 4-inch Wide Broken Yellow Line � 3,300 1.40 Lin. Ft. 0.00 3,300.00 4,620.00 (Poly-Preform) 4-inch Wide Solid White Line 7,315 1.40 Lin. Ft 0.00 7,315.00 10,241.00 (Poly-Preform) 4-inch Wide Solid Yeflow �ine 400 1.40 Lin. Ft. 0.00 400.00 560.OG, (Poly-Preform) � Bituminous Extraction and 3 150.00 Each 0.00 2.00 300.00 Gradation Test Bitumino�s Air Void Test 2 150.00 Each 0.00 2.00 300.00 SUBTOTAL - PART A 23E $9i,875.40 ESTIMATE NO. 9 , ; , , , ;, AMOUNT ;. . , ::>;::::.:.;;;;;: ESTIMATED UNIT 7HIS ;;�::::::»TOTAL. : . . :;: :: ;;::: : :: ..<.>�.:;:.:;,:,:: ;;�::. ::;:>�:;::: ..:.;:::. : <:<�...::.<;:;:: :. . :::. ;:;::::>:::>: :;::::.:<::::;:>:;:::<::;:.::�.;:;:;;::;:::><::>:: .< ....... .... >:�:CONTRA.CT:ITEM :::<:>:::>:::;:: :>QUAN >:;:PRIGE . .. :........UNI ...:.�STI .A .: ...: TUTAI. . . ....::>:::<>�. � ::.. : __ ............................ ....... :.,.. . ..:.. :. .:_,.: :.::.... :. :...._:,.:....:. T�TX,: :.:,::. :...:...,.......:.:... ...::: ::,. ..:_ ,.:. :..::__:..:.... M .. TE.. . ......................:. :.. .....:::::�1MC)U:MI;;,;::.;;;;; PART B MAIN STREET. SAP #127-334-05 551-00-00-415-4530-9902 Common Excavation - 2,450 6.30 Cu. Yd. 0.00 2,450.00 15,435.00 Select Granular Borrow (L.V.) 1,820 5.75 Cu. Yd. 0.00 170.00 977.50 Agg. Base Class 5, 100% Crushed 1,060 6.85 Tons � 0.00 136.00 931.60 Miil Bituminaus Surtace 2,000 1.00 Sq. Y,d. 0.00 2�000.00 2,000.00 Type 31 Binder Course Mixture 280 20.10 Tons 0.00 413.00 8,301.30 (includes oil) Type 41-A Wea�ing Course Mixture 2,650 22.00 Tons � 0.00 2,417.00 53,174.00 (includes oil) Bituminous Material for Tack Coat �,250 1.00 Gal. 0.00 925.00 925.00 Adjust Gate VaNe Box 10 100.00 Each 0.00 15.00 1,500.00 Adjust Frame and Ring Casting 12 100.00 Each 0.00 i2.00 1,200.00 Geotextile Fabric Type V 2,450 1.00 Sq. Yd. 0.00 2,450.00 2,450.00 Turn Arrow Pavement Message 2 600.00 Each 0.00 2.00 1,200.00 (Left) (Poly-Preform) Turn Arrow Pavement Message 2 600.00 Each 0.00 2.00 1,200.00 (Right) (Poly-Preform) � Turn Arrow Pavement Message 2 240.00 Each 0.00 2.00 480.00 (Straight) (Poly-Preform) 4-inch Wide Broken Yepow Line 4,020 1.40 Lin. Ft. 0.40 4,170.00 5,838.00 (Poly- Preform) 4-inch Solid Yellow Line 300 1.40 Lin. Ft. 0.00 300.00 420.00 (Poly-Preform) ; Ciass 5 Gradation`�Test 1 120.00 Each 0.00 0.00 0.00 Class 5 Proctor Test 1 75.00 Each 0.00 0.00 0.00 Class 5 in Place Density Test 1 75.00 Each 0.00 0.00 0.00 Bituminous Extracation and 2 150.00 Each 0.00 2.00 300.00 Gradation Test Bituminous Air Voids T�st 2 150.00 Each 0.00 2.00 300.00 SUBTOTAL - PART B $96,632.40 PART C 67TH AVENUE. SAP #127-316-04 551-00-00-415-4530-9902 Remove Bituminous Curb ' 980 020 Lin. Ft. 0.00 980.00 196.00 Remove Bituminous Pavement 110 1.00 Lin. Ft. 0.00 110.00 110.00 Saw-Cut Bituminous Pavement 980 - 0.50 Lin. �t. 0.00 980.00 490.00 Common Excavation 300 6.30 Cu. Yd. 0.00 300.00 1,890.00 Water, for Dust Control 100 10.00 (M) Gal. 0.00 Agg. Base Class 5, 100% Crushed 30 10.85 Tons 0.00 30.00 325.50 Type 31 Binder Course Mixture � 55 26.20 Tons 0.00 263.00 6,890.60 (Leveling) (includes oil) Type 41-A Wearing Course Mixture 250 22.60 Tons 0.00 198.00 4,474.80 (includes oil 23F � ESTIMATE NO. 9 ; : < ;. ; AMOUNT , ' ' ESTIMATED UNIT THIS TOTAL. . :: ,.,_ .:.:;:;;:>:.;:.: .. ... ........ ; . :.:: ;. : , CO C .. _ _ :�::..:::�:;:» ��:::>;>:.:..;.,,:.._«.> :; .. .. . .:.:,.. . ..NTRA,. :T:1TEM..... ::.:. :QUANTITY : . PHICE . . ..: UN.1.T ESTIMATE .. ;; TUTAt...... ...;:<:<:::�1MOUNT.:.....: PART C - Continued Bituminous Materiai for Tack Coat 90 1.00 Gal. 0.00 90.00 90.00 Crack Sealing .� 100 1,50 Lin. Ft. 0.00 t50.00 225.00 Adjust Gate Vaive Box 2 100.00 Each 0.00 1.00 100.00 Adjust Frame and Ring Casting 2 100.00 Each 0.00 3.00 . 300.00 Concrete Driveway (6"� 68 19.00 Sq. Xd. 0.00 68.00 1,292.00 Concrete Curb & Gutter, DES 8618 980 4.85 Lin. Ft. 0.00 980.00 4,753.00 F& I Sign Panels Type C 4.5 � 44.00 Sq. Ft. 0.00 4.50 198.00 Concrete Walk 40 2.10 Sq. Ft. 0.00 447.00 938.70 Bituminous Driveway 70 10.00 Sq. Yd. 0.00 70.00 700.00 Roadside Seeding w(Seed Mixture 0.5 1,500.00 Acres 0.00 0.00 OAO Class 5 Gradation Test 1 120.00 Each 0.00 0.00 0.00 Class 5 Proctor Test 1 75.00 Each _ 0.00 0.00 � 0.00 Class 5 in Place Density Test 1 75.00 Each 0.00 0.00 75.00 Concrete Test Cylinder (set of 3) 2 100.00 Each 0.00 1.00 100.00 Bifuminous Extraction & Gradation 1 150.00 Each 0.00 1.00 150.00 Bituminous Air Voids Test 1 150.00 Each 0.00 1.00 150.00 Sodding 650 1.40 Sq. Yd. 0.00 300.00 420.00 Top Soil Borrow 40 6.00 Cu. Yd. 0.00 60.00 360.00 SUBTOTAL - PART C $24,228.60 PART D � 'RICE CREEK TERRACE� SAP # 127-346-01 � 551-00-00-415-4530-9902 Remove Bituminous Curb 3,900 0.20 Lin. Ft. 0.00 3,900.00 780.00 Remove Bituminous Pavement 450 1.00 Sq. Yd. 0.00 450.00 450.00 Saw-Cut Bituminous Pavement 4,000 0.50 Lin. Ft. 0.00 4,000.00 2,000.00 Common Excavation 1,000 6.30 Cu. Yd. 0.00 i,000.00 6,300.00 Water, for Dust Contrc! 100 10.00 (Mj Gat. 0.00 50.00 500.00 Agg. 8ase Class 5, 100% Crushed 325 10.85 Tons 0.00 223.00 2,419.55 Type 31-A Binder Course Mixture 230 26.20 Tons 0.00 750.00 i9,650.00 (includes oil) Type 41-A Wearing Course Mixture 950 22.60 Tons 0.00 747.00 16,882.20 (includes oilj Bituminous Material for Tack Coat 360 1.00 Gal. 0.00 360.00 360.00 Adjust Gate Valve Box 7 100.00 Each 0.00 7.00 700.00 Relocate Catch Basin 3 600.00 Each 0.00 6.00 3,600.00 Adjust Frame and Ring Casting 6 100.00 Each 0.00 9.00 900.00 Coricrete Pan - 30 inches 120 11.00 lin. Ft. 0.00 120.00 1,320.00 Concrete Curb & Gutt;er, DES 6618 3,900 5.10 Lin. Ft. 0.00 3,900.00 19,890.00 Top Soil Borrow 100 6.00 Cu. Yd. 0.00 250.00 1,500.00 Concrete Driveway 195 19.00 Sq. Yd. 0.00 597.00 11,343.00 Bituminous Drivewa 260 10.00 S. Yd. 0.00 360.00 3,600.00 23G ESTIMATE NO. 9 ' : : : ; < .: ; AMOUNT ; : ' �STIMATED UNIT :: . . THIS ' TOTAL .:; . ::.;;:::.: . .. . . ....::: CONTRAC7 tTEM .. . . .: ;:.. . :Q.UANTITX ...P�ICE ;;:UNlT : �S�'IMATE.. TQTA1...... . .:: �1MOUt�T:..;:.::< PART D - Continued F&( Sign Panels Type C 30 44.00 Sq. Yd. 0.00 30.00 1,320.00 Concrete Walk . 40 2.20 Sq. Ft. 0.00 128.00 281.60 Crack Seaiing 250 1.50 Lin. Ft. 0.00 � 250.00 375.00 Roadside Seeding w/Seed Mixture 5 0.5 1,500.00 Acre 0.00 0.00 0.00 Sodding 2,6U0 1.40 Sq. Y�l. 0.00 2,240.00 3,136.00 Class 5 Gradation Test 1 120.00 Each 0.00 0.00 0.00 Class 5 Proctor Test = 1 75.00 Each 0.00 0.00 0.00 Class 5 in Place Density Test 1 75.00 Each 0.00 0.00 0.00 Concrete Test Cylinder (set of 3) 5 100.00 Each 0.00 3.00 300.00 Bituminous Extraction and 2 150.00 Each 0.00 2.00 300.00 Gradation Test Bituminous Air Voids Test 2 150.00 Each 0.00 2.00 300.00 SUBTOTAL - PART D �98�207.55 PART E . RICE CREEK TERRACE SAP # 127-333-01 551-00-00-415-4530-9902 Remove Bitumihous Curb 4,740 0.20 Lin. Ft. 0.00 4,740.00 948.00 Remove Bituminous Pavement 530 1.00 Sq. Yd. 0.00 630.00 630.00 Relocate Catch Basins 2 600.00 Each 0.00 2.OU 1,200.00 Saw-Cut Bituminous Pavement 4,750 0.50 Lin. Ft. 0.00 4,750.00 2,375.00 Common Excavation 1,200 6.30 Cu. Yd. 0.00 1,200.00 7,560.00 Water, for Dust Control 100 � 10.00 (M) GaL 0.00 50.00 � 500.00 Agg. Base Ctass 5, 100% Crushed � 400 10.85 Tons 0.00 265.00 2,87525 7ype 31-A Binder Course Mixture 285 2620 Tons 0.00 898.00 23,527.60 . (Leveling) (includes oil) Type 41-A Wearing Course Mixture 1,040 22.60 Tons 0.00 760.00 17,176.00 (includes cil) Bituminous Material for Tack Coat 425 1.00 Gal. 0.00 425.00 425.00 Adjust Gate Valve Box 4 100.00 Each 0.00 4.00 � 400.00 Construct Catch Basin Design "C" or "G" i 1,000.00 Each 0.00 1.00 1,000.00 Adjust Frame and Ring Casting 8 100.00 Each 0.00 10.00 1,000.00 Top Soil Borrow 100 6.00 Cu. Yd. 0.00 250.00 1,500.00 Concrete Curb & Cutter, DES 6618 4,750 4.85 Lin. Ft. 0.00 4,750.00 23,037.50 Concrete Driveway 320 19.00 Sq. Yd. 0.00 596.00 11,324.00 8ituminous Driveway i80 10.00 Sq. Yd. 0.00 280.00 2,800.00 Concrete Sidewalk 40 2.20 Sq. Ft. 0.00 98.00 215.60 F& I Sign Panels Type C 34.5 44.00 Sq. Ft. .0.00 34.50 1,518.00 Crack Sea) 300 1.50 Lin. Ft. 0.00 300.00 450.00 Roadside Seeding wlSeed Mixture 0.5 1,500.00 Acre 0.00 0.00 0.00 Sodding 3,200 1.40 Sq. Yd. 440.00 1,560.00 2,184.00 Class 5 Gradation Test 1 120.00 Each 0.00 0.00 • 0.00 Class 5 Proctor Test 1 75.00 Each 0.00 0.00 0.00 23H ESTIMATE NO. 9 PART E - Contirtued 12"_ R.C.P.Storm Sewer Pipe Conc�ete Test Cylinder (set of 3) Bituminous Extracation and Gradationa Test Bituminous Aic Voids Test SUBTOTAL - PART E i° _ i _ : 35 31.00 Lin. Ft. 6 100.00 Each 3 150.00 Each 3 150.00 Each, � � �� 35.00 3.00 2.00 2.00 1,085.00 300.U0 300.00 300.U0 ��630.95 i PART F HILLWIND RD. SAP #127-338-02 551-00-00-415-4530-9902 Remove Conc�ete Curb & Gutter 40 10.00 Lin. Ft. 0.00 80.00 800.00 Remove Bituminous Curb 5,500 0.20 Lin. Ft. 0.00 5,500.OU 1,100.00 Remove Bituminous Pavement 740 1.00 Sq. Yd. 0.00 740.00 740.00 Retocate Catch Basin 3 600.00 Each 0.00 3.00 1,800.00 Saw-Cut Bituminous Pavemerrt 6,400 0.50 Lin. Ft. 0.00 6,400.00 3,200.00 Common Excavation 500 6.30 Cu. Yd. 0.00 500.00 3,150.00 Water, for Dust Control 100 10.00 (M) Gal. 0.00 0.00 0.00 Agg. Base Class 5, 100% Crushed 450 10.85 Tons 0.00 550.00 5,967.50 Type 31-A Binder Course Mixture 775 26.20 Tons 0.00 800.00 20,960:00 (LeVeling) (inciudes oil) Type 41-A Wearing Course Mixture ;. 1,885 22.60 Tons 0.00 1,366.00 30,87i.60 (includes oil) Bituminous Materia) for Tack Coat 585 1.00 Gal. 0.00 - 950.00 950.00 15-inch RCP Storm Sewer 1d 31.00 Lin. Ft. `• 0.00 10.00 310.00 Adjust Gate Valve Box 3 100.00 Each 0.00 4.00 400.00 Construct Catch Basin "C" &"G" 1 1,000.00 Each 0.00 1.U0 1,000.00 ; Adjust F�ame and Ring Casting 7 100.00 Each 0.00 11.00 1,100.00 ' Concrete Driveway 20 19.00 Sq. Yd. � 0.00 129.00 2,451.00 Top Soil.Borrow 1�0 6.00 Cu. Yd. � 0.00 300.00 1,800.00 Concrete Curb & Gutter, DES 66i � 5,900 4.85 Lin. Ft. 0.00 . 6,026.00 29,226.10 F&) Sign Panels Type C 45 44.00 Sq. Ft. 0.00 45.00 1,980.04 6ituminous Driveway i60 i0.00 Sq. Yd. 0.00 260.00 2,600.00 Crack Sealing 300 1.50 Lin. Ft. 0.00 150.00 225.00 4-inch Vl/ide Broken Yellow Line 3,700 1.40 Lin. Ft. 0.00 3,700.00 5,180.00 (Poly- Preform) Roadside Seeding w/Seed Mixture 5 0.5 1,500.00 Acre 0.00 0.00 0.00 Sodding 4,200 i.40 Sq. Yd. 0.00 1,120.00 1,568.00 Class 5 Gradation Test 1 120.00 Each 0.00 0.00 0.00 � Cla�s 5 Proctor Test 1 75.00 Each 0.00 0.00 0.00 , Cla"ss 5 in Place Density Test 1 75.00 Each 0.00 • 0.00 0.00 '� Concrete Test Cylinder (set of 3) 7 100.00 Each 0.00 4.00 400.00 Bituminous Extraction & Gradation'iest 4 150.00 Each 0.00 2.00 300.00 � Bituminous Air Voids Test 4 150.00 Each 0.00 2.00 300.00 JUtSIV1AL-YAHI F' 231 $118,379.� ESTIMATE NO. 9 __ _ ; ,; < AMOUNT .,' ,. _ _ ' ` ESTlMATEO UNIT THIS ' TOTAL. ::.: .... ..... .CONTRAC�' iTEM. : :.... . . . QUANTITY.. ... .PRICE. ::..UNIT: .. .�STIMATE.. :TClTAt.� ... ...... AMQUNI'.. .. . ;_ PART G HATHAWAY LN, SAP �127-521-03 551-00-00-415-4580-9902 Remove Bituminous Curb : 2,940 0.20 Lin. Ft. 0.00 2,940.00 � 588.00 Remove Bituminous Pavement 3,300 0.01 Sq. Yd. 0.00 3,300.00 33.00 Saw-Cut Bituminous Pavement 2,940 0.50 Lin. Ft. 0.00 2,940.00 1,470.00 Common Excavation - 250 5.30 Cu. Yd. 0.00 950.00 5,985.00 Water, for Dust Control 100 10.00 (M) Gal. 0.00 Agg. Base Class 5, 100% Crushed 300 10.85 Tons 0.00 625.00 6,781.25 Type 31=A Binder Course Mixture 225 26.20 Tons 0.00 927.00 24,287.40 (includes oil) , Type 41-A Wear.ing Course Mixture 790 22.60 Tons 0.00 592.00 i3,379.24 Bituminous Material for Tack Coat 270 1.00 Gai. 0.00 425.00 425.00 Adjust Gate Valve Box 2 100.00 Each 0.00 2.00 200.d0 Adjust Frame and Ring Casting 6 100.00 Each 0.00 5.00 500.00 Concrete Driveway 167 19.00 Sq. Yd. 0.00 323.00 6,137.00 Top Soil Borrow 100 6.00 Cu. Yd. 0.00 172.00 � i�032:00 Concrete Curb & Gutter, DES 6618 2,940 4.85 Lin. Ft. 0.00 2,940.00 14,259.00 Bituminous Driveway 110 10.00 Sq. Yd. 0.00 110.00 f,100.00 Concrete Walk 40 220 Sq. Ft. 0.00 Crack Sealing 100 1.50 Lin. Ft. 0.00 200.00 300.00 F&! Sign Panels Type C 22.5 44.00 Sq. Ft. 0.00 22.50 990.00 Roadsi.de Seeding w/Seed Mixture 5 0.5: 1,500.00 Acre 0.00 Sodding 2,000 1.40 Sq. Yd. 0.00 1,360.00 1,904.00 4" Wide Broken Yellow 450 1:40 Lin. Ft. 0.00 450.00 630.00 Geo-textile Fabric 1,033 1.00 Sq. Yd. � 0.00 '� 1,033.00 1,033A0 Class 5 in Place Density Test 1 75.00 Each 0.00 0.00 0.00 Concrete Test Cylinder (set of 3) 4 100.00 Each 0.00 2.00 200.00 Bituminous Extraction & Gradaiion Test 2 150.00 Each 0.00 1.00 150.00 �Bituminous Air Voids Test 2 150.00 Each 0.00 1.00 150.00 SUBTOTAL - PART G $81,533.85 PART H ICE CREEK RD SAP #127-020-i0 551-00-00-415-4530-9902 Remove Bituminous Curb 1,200 0.20 Lin. Ft. 0.00 1,200.00 240.00 Saw-Cut Bituminous Pavement 6,280 0.50 Lin. Ft. 0.00 5,280.00 2,640.00 Common Excavabon 500 6.30 Cu. Yd. 0.00 500.00 3,150.00 Water, for Dust Control 100 10.00 (M) Gal. 0.�0 0.00 0.00 Agg. Base Class 5, 100% Crushed 450 10.85 Tons 0.00 542.00 5,880.70 Type 31-A Binder Course Mixture 485 26.20 Tons 0.00 666.00 17,449.20 {Leveling) (includes oil) Type 41-A Wearing Course Mixture 1,700 22.60 Tons 0.00 1,343.00 30,351.80 (includes oilj Bituminous Material for Tack Coat 650 i,00 Gal. 0.00 750.00 750.00 Ad'ust Gate Valve Box 4 100.00 Each 0.00 7.00 700.00 23J . ..,. . . . .. . _., . . .... . ., ..... , .. ..,. rHUC i ESTIMATE NO. 9 . ; ` : AMOUNT ... ...... . : >::::::<:::`:;::>< - : , : : .. ESTIMATED �1NIT ' THIS .: ..: TOTAL. � : ::: . .... . : .....:::;.:.::�::::::::::>:;.,. ::�;::::: ::;� :.:.:.:. ::<.:..;::;.: �.;:.;;;.::::.;:.:.;,:..:::.:�:;:.:< ::: ,;;.: ::. . ... .. .. :. . : _ .: : :� <::::::::;>::>::;>:. �;;:<:»>�<::«::<,:::<;:;:;::<::»;> COt!�TRAC�'iTEM::::::::.;::::.::.::.�:::..:�UANTITY:<::::::::::::P ICE::<:>.:<::>:::;UNT ....: , . . : _ ;;:<: . ..: : .... . R..: �::..:...�:: .. . �..: ::. .::.: �STIMATE, . : ..: T�T.A.L:::<.:>::: ::;>:;::>:::<AMaUt�T:: .. . ..: . ... ............. ....... ... .. ........:... :.::.::.: ::::.:.:. PART H (Continued� Adjust Frame and Ring Casting 14 100.00 Each 0.00 20.00 2,ppp,pp Concrete Driveway . � 100 19.00 Sq. Yd. 0.00 - 417.00 7,923.00 Top Soil Borrow 100 6.00. Cu. Yd. 0.00 312.00 i,g72,pp Concrete Curb & Gutter� DES B618 5,300 4.85 Lin. Ft. 0.00 5,320.00 25,802.00 Bituminous Driveway 370 10.00 Sq. Yd. 0.00 400.00 4,000.00 Concrete Walk 40 2,20 Sq. Ft. 0.00 78.00 � 171.60 Crack Sealing 300 1.50 Lin. Ft. 0.00 300.00 450.00 4-inch Wide Broken yeilow Line 2,400 1.40 Lin. Ft. 0.00 2,400.00 3,360.00 (Poly-Preform) , 4-inch Wide Soiid Whiie Line 5,280 1.40 Lin. Ft. 0.00 5,280.00 7,392.00 (Poly-Preform) ; Solid Line Yeliow (Poly-Preform) 200 1.40 Lin. Ft. 0.00 200.00 280.00 Roadside Seeding w/Seed Mixture 5 0.5 1,500.00 Acre 0.00 0.00 0.00 Sodding 3,520 1.40 Sq. Yd. 0.00 1,680.00 2,352.00 Class 5 Gradation Test , 1 120.00 Each 0.00 0.00 0.00 Class 5 Proctor Test 1 75.00 Each 0.00 0.00 0.00 Ctass 5 in Place Density Test 1 75.00 Each 0.00 0.00 0.00 Concrete Test Cylinder (set of 3) 6 100.Q0 Each 0.00 3.00 300.00 Bituminous Extraction & Gradation Test 4 150.00 Each 0.00 2.00 300.00 Bituminous Air Voids Test 4 150.00 Each 0.00 2.00 300.00 Remove .Concr.ete Curb & Gutter __ 110 _ 5.00_ Lin. Ft. 0.00 110.00. _ 550.00 SUBTOTAL - PART H $118,214.30 PART 1 69TH AVENUE, SAP # 127-305-04 408 - 0 0- 06 - 415 - 4530 - 4065 Remove Concrete C�trb & Gutter 40 10.00 Lin. Ft. 0.00 40.00 400.00 Mill Bituminous Surface 170 5.00 Sq. Yd. 0.00 170.00 850.00 Type 41-A Wearing Course Mixture 15 75.00 Tons 0.00 46.00 3,450.00 Loop Detector 1 500.00 LumN S O.QO 1.00 500.00 Bituminous Material for Tack Coat 50 2.00 Gal. 0.00 50.00 100.00 Concrete Curb & Gutter, DES B618 40 4.85 Lin. Ft. 0.00 40.00 194.00 SUBTOTAL - PART I $5,494.00 PART J CITY OVERLAYS 408-00-06-415-4530-4065 � _ Mill Bituminous Surface 220 5.00 Sq. Yd. 0.00 220.00 1,100.00 Type 41-A Wearing Course Mixture 2,525 22.30 1'ons 0.00 2,306.00 51,423.80 (mcludes oii) . Bituminous Materia) for Tack Coat 1,200 1.00 Gal. 0.00 750.00 750.00 Adjust Gate Valve Box � 9 100.00 Each 0.00 12.00 1,244.00 Ad'ust Frame and Rin Casting 16 100.00 Each 0.00 17.00 1,700.00 SUBTOTAL - PART J $56,173.80 23K NORTHWE9T ASPHALT, INC.� PAGE 8 ESTIMATE NO. 9 ..:;:. . . :- :,. ; , ; AMOUNT :>:>:< ::::::::::::::>:�<;<>;.:::.:<.>: : :.::�.: :.:> :.:: : .. . ::::>::::>,<:.>�:>:>:.; �:;;«»:>::>:. � ��:�.<:»::>:::>: >;>::; . ....: . :::.:;::.;�.;::.::;:>:.;.;::.;:.;;;:. :<:;:: ;:�:::;;::: : � ::::.;�.;:: �.:;:; .. .. . . . . ....::.. :........... .::.:. . :....:......... ..::.:.... ..: � ;:::>::::>:::::<:>::::<::� <::>:;:::::>;;<:;:, :�: . �::.:::::::; .: ...:::::.; .:::. .. . .:.: .. ......;;::,::::::>::.:....: :::::::::.:, .::.;.;::.:..:;: ......�i1NiT ;>::::::> :;::::��:;:�:: THIS: .... . .T:.,:TAL.::: ::..:;.. ::..... ...... ESTIMATEU . .... .:::.:....................�::. .:::..;.:;:.;;,;: :.:;.»;:;.::;:.:;;;;;;;:.;:,;;:;;,>:.>:.;:,.::.. .... ;>:>;:;:.:;:��>::>::::>: :� :::::::::::::::v.;:..,..�::,::::>;;:.:<;;;>:.,.; .>::>::>:::::>:;:.::><:.>::::»::::::<:>::<::::.»>;>:::<:>::» ::>:::>:::::::>:::::<:>::::<>��:::>::>:::<:>::;::::>:::�::.:;::::>:<::>:::�»::>;.;>. .-:. .......::.::.>:;:�.: :;;:>;::::�;:»::<::<:::>::>:<... . ; ;>::;::>:::<: .>::::;>:::>:�>: : ::........T� ....::>:::;:r::<:::>�1M.. :U T�::>::»:;:::> <: .: ::.::::::P . I.CE:::::: :::,�:.U.NlT:.: :.: :..E...S..�'(..M..ATE .::.. .: :.::.::... TAI....:.. .:. :::.:,.:...:...........�:.:: :.::.:.... <:>;<><::::<:::<>:<:::::<::<;::>CO..NTRAC7::i.TEM<;<:>:;::>;;<<>::<:,.>:::<::<::: <::4UANTI.TY:: ::::.:.::� ........ .......................... ....... PART L MOORE LAI� PARKING LOT � 408 - 00 - 00 - 415 -- 4530 -.4010 Remove Concrete Curb & Gutter 40 10.00 Lin. Ft. 0.00 90.00 900.00 Remove Bituminous Curb 1,100 0.20 Lin. Ft. 0.00 1,1�.00 220.00 Remove Bituminous Pavemen# 6,300 1.00 Sq. Yd. 0.00 6,300.00 � 6,300.00 Common Excavation 500 6.30 Cu. Ysd. 0.00 500.00 3,150.00 Agg. Base Class 5, 100% Crushed 100 10.85 Tons 0.00 100.Q0 1,085.00 Mili Bituminous Surtace 100 5.00 Sq. Yd. 0.00 100.00 500.00- Type 31-A Binder Course Mixture 500 25.30 Tons 0.00 538.00 13,611.40 (leveling) (inciudes oil) ' 7ype 41-A Wearing Course Mixture 700 25.30 Tons 0.00 647.00 16,369.10 (includes oii) Bituminous Material for Tack Coat 1,200 1.00 Gal. ' 0.00 750.00 750.00 6-inch Concrete Pavement 100 2.20 Sq. Ft. 0.00 459.00 1,009.80 Top Soil Borrow 100 6.00 Cu. Yd. 0.00 100.00 600.00 Concrete Curb & Gutter, DES B618 1,350 4.85 Lin. Ft. 0.00 1,215.00 5,892.75 Soddin 400 ' 1.40 S. Yd. 0.00 880.00 1,232.00 SUBTOTAL - PART L $51,620.05 PART M RESIDENTIAL DRIVEWAYS � 503-00-00-415-4340 Bituminous Driveways SUBTOTAL - PART M 800 � 10.00 � Sq. Yd 0.00 � 538.00 � 5,380.00 $5,380.00 PART N RIVERVIEW HEIGHTS PARKING LOT 408-07-00-415-4530-4083 � Common Excavafion 500 6.30 C.Y. 0.00 589.00 3,710.70 Select Granular Borrow � 700 5.75 C.Y. 0.00 877.00 5,042.75 Aggregate Class 5 200 10.85 Ton 0.00 200.00 2,170.00 Type 31 Binder 100 25.30 Ton 0.00 105.00 2,656.50 Type 41-A Wear 100 25.30 Ton 0.00 105.00 � 2,656.50 B-618 Concrete Curb & Gutter 1,140 4.85 L.F. 0.00 1152.00 5,587.20 Sod 600 1.40 . S.Y. 600.00 600.00 840.00 Relocate Existing Gates � 2 200.00 Each 0.00 2.00 400.00 Concrete Pan (30") 70 11.00 L.F. 0.00 0.00 0.00 Tack 200.00 1.00 Gal. 0.00 25.00 25.00 SUBTOTAL - PART N 23L .j�ZJ�VOO.va NORTHWEST ASPHALT, INC. ESTIMATE NO. 9 PART A-1 W UNIVERSITY AVE SERVICE DR SAP # 127-341-02• 551-00-00-415-4530-9902 , Sub-grade Preparation 'Remove Bituminous Pavement ' Saw-Cut Bituminous Pavement 'Agg. Base Class 5, 100% Crushed Type 31 Binder Course Mixture (includes oil) Type 41-A Wearing Course Mixture (includes oil) Bituminous Material for Tack Coat 12-inch RCP Storm Sewer Class 4 15-inch RCP Storm Sewer Class 4 18-inch RCP Class 4 24-inch RCP Class 4 Adjust Gate Valve Box Construct C.B., Design A or G Storm Manhole (48--inch) Adjust Frame and Ring Casting 18-inch RCP Apron with Trash Guard 30 inch RCP Apron with Trash Guard Concrete Curb & Gutter, DES B618 Random Rip-Rap Class III . 4-inch Perforated Pipe (Drain Special) Br�ck Walk 4-inch Wide Broken Yellow Line Left Turn W/Only 4-inch Wide Solid White Line Right i ��rn -St. Ahead Roadside Seeding w/Seed Mixture 5 30" R.C.P. Storm Sewer CI. 4 Seed Mixture 5 Sodding Mulch Material, Type 1 Disc Anchoring Commercial Fertilizer Anal. 10-20-20 Class 5 Gradation Test Class 5 Proctor Test Class 5 in Place Density Test Concrete Test Cylinder (set of 3) Bituminous Extraction & Gradation Test Bituminous Air Voids Test SUBTOTAL - PART A-1 21 25 200 4,600 1,300 •:� 550 130 435 110 225 3 4 1 7 2 1 4,200 :13 960 495 1,975 4 250 4 1 135 50 2,800 2 1 500 1 1 1 5 3 2 115.00 Rd Sta. 10.00 Sq. Yc�. 3.00 Lin. F't. 6.85 Tons 20.10 Tons 22.601 Tons 1.00 Gal. 24.00 Lin. Ft. 28.00 Lin. Ft. 30.00 Lin. Ft. 40.00 Lin. Ft. 100.00 Each 1,125.00 Each i,050.00 Each 250.00 Each 680.00 Each 1,122.00 Each 4.85 Lin. Ft. 55.00 Cu. Yd. 10.00 Lin. Ft. 9.00 Sq. Ft. 1.40 Lin. Ft. 440.00 Each 1.40 Lin. Ft. 440.00 Each 1,000.00 Acre 49.90 Lin. Ft. 3.00 Lb. 1.40 Sq. Yd. 100.00 Tons 50.00 Acres 0.30 Lb. 120.00 Each 75.00 Each 75.00 Each 100.00 Each 150.00 Each 150.00 Each 23M � �� PAGE 9 21.00 2,415.00 25.00 250.00 200.00 600.00 5,166.00 35,387.10 !, 1,242.00 24,964.20', 0.00 � 1,073.00 � 24,249.80', 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.QO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.00 0.00 100.00 2,800.00 4.00 2.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 485.00 130.00 435.00 110.00 114.00 9.00 6.00 1.00 13.00 2.00 1.00 4,211.00 18.00 650.00 621.00 2,375.00 4.00 350.00 4.00 2.00 135.00 100.Q0 2,800.00 4.00 2.00 1,000.00 1.00 1.00 �1.U0 1.00 2.00 2.00 485.00 3,120.00 12,180.00 3,300.00 4,560.00 900.00 6,750.00 1,050.00 3,250.00 1,360.00 1,122.00 20,423.35 990.00 6,500.00 5,589.00 3,325.00 1,760.00 490.00 1,760.00 2,000.00 6,736.50 300.00 3,920.00 400.00 100.00 300.00 120.00 75:00 75.40 100.00 300.00 300.00 $181,506.95 NORTHWEST ASPHALT, INC. ESTIMATE NO. 9 TOTAL — PART A TOTAL — PART B TOTAL — PART C TOTAL — PART D TOTAL — PART E TOTAL — PART F TOTAL — PART G TOTAL — PART H TOTAL — PART I TOTdL — PART J TOTAL — PART L TOTAL — PART M TOTAL — PART N TOTAL — PART A-1 GRAND TOTAL SUMMARY: Original Contract Amount Contract additions C.O.# 1& C.O.# 2& C.O. #3 & C.O. #4 & C.O. #5 Contract deductions — Revised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFlCATE OF THE CONTRACTOR 1,001,213.25 62,003.50 1,063,216.75 1,062,965.50 0.00 1,033,399.80 $29,565.70 PAGE 10 $97�875.40 $96�632.40 $24,228.60 $98,207.35 $104�650.95 $118.379.20 $81 �538.85 $118,214.50 $5,494.00 $56�173.80 $51,620.05 $5,380.00 $23,088.65 $181,506.95 $1,062,965.50 I hereby certify that the work performed and the materials supplied to date under the terms of the contractfor this project, and all authorized changes thereto, have an actual value under the contract of the amounts 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 This Estimate" has been received. By ��Yw�.�, C��ti �� Contractor's Authorized Represe ati e(Title) CERTIFICATE OF THE ENGINEER Date �^ "� 6 ` �� I hereby cert'rfy.that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for�reference project. CITY OF FRIDLEY, IN sy 23N Date 1 � � Respec ully Submitted, John G. Flora, P.E. Public Works Director