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10/04/1993 - 4940� _ FRIDLEY CITY COIINCIL anroF OCTOBER 4, 1993 FRIDLEY PLEDGE OF ALLEGIANCE: PRESENTATION OF PROCLAMATION: Local Cable Programming Week: October 3- 9, 1993 APPROVAL OF MINUTES: City Council Meeting of September 27, 1993 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items Not on Agenda - 15 Minutes) PUBLIC HEARINGS: Rezoning Request, ZOA #93-01, by Oliver Tam, to Rezone Property from C-3, General Shopping Center, to R-3, General Multiple Dwelling on Property Generally Located at 1160 Fireside Drive N.E. (Tabled September 27, 1993); and, Preliminary Plat Request, P.S. #93-03, by Oliver Tam, Tam Addition, to Replat Property Generally Located at 1160 Fireside Drive N.E. {Tabled September 27, 1993) . . . . . . . . . . . ��' � 3 , � �� 8 � ''`" -� i < � ,a� � iq �J ��''��' �° f ................ 1-1A FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 Page 2 Second Reading of an Ordinance Amending Chapter 113, "Solid Waste Disposal and Recycling Coilection," by Amending Section 113.07, and Chapter 11, "General Provisions and Fees," for Solid Waste Programming Fee, by Amending Section 113 . . . . Second Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located at Broad Avenue and Lafayette Street) (Tabled September 27, 1993) . . . . . . . . . �� 5 �,� �°--'"� � s 1 �� ,. . �� / / 2-2A .......... 3-3B Receive Items from the Appeals Commission Meeting of September 14, 1993 (Tabled September 27, 1993): . . . . . . . . . . . . . . . . . 4 - 4Y A. Variance Request, VAR #93-23, by St. Philip's Lutheran Church, to Allow the Display of a � �� Tem orar Si n for More Than fJuf�i=-- p Y 9 .,� l Two Weeks, Generally Located ��=�"�" �/`� Q3 at 6180 Highway 65 N.E. (Tabled � � �� September 27, 1993) . . . . . . . . . . . . . . 4 - 4K �� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 Page 3 OLD BUSINESS (CONTINUED); Receive ltems from the Appeals Commission Meeting of September 14, 1993 (Tabled September 27, 1993) (Continued): � �Variance Request, VAR #93-24, by Cecelia Rosenberg, to Reduce the Front Yard Setback from 35 Feet to 22 Feet to Correct an Existing Encroachment, and to Allow the Construction of a Single Car Garage When a Two Car Garage is Required, Generaliy Located at 71 - 63 1/2 Way N.E. (Tabled September 27, 1993) ....-•• .............. Resolution Revoking Municipal State Aid Streets (Tabled September 27, 1993) ...................... Resolution Establishing Municipal State Aid Streets (Tabled September 27, 1993) . . . . . . . . Resolution in Support of Funding for Capital Projects of Human Services Organizations (Tabled September 27, 1993) ....................... � �� ? ti z,� �It,,. tti ' �` �"�l % �� ,.� � �� `:/ �_: _ ° "_ 3',�' � � � ,... 4L-4Y ��i o�� e- . . �,�1' L' Vh . �. . . . . . I � �2¢yV✓C� � . . . ��;�� . /: . � 5-5B � �� . .... ... 7-7A V �/ � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 Page 4 NEW BUSINESS: �/ ,�,Z, �r� Resolution Providing for Sewer �� ; �,D�" Rate Increases . . . . . . . . . . . . . . . . . . .� �` . . . . . . . 8 - 8A Resolution Approving Piat, P.S. #92-07, Dowds Addition (By Glacier Park Company �� i to Replat Property Generaliy Located at the 4000 Block of East River Road N.E.) ...`�� - i... 9- 9U � �U Receive the Minutes of the Planning Commission Meeting of September 22, 1993: A. Special Use Permit Request, SP #93-15, by Marvin and Karen Just, to Allow the Construction of a Three Season Porch Addition in the CRP-2 (Flood Fringe) District, Generally Located at 661 Cheryl Street N.E. . �, ..... .. 10-10R r : ' � Lv �� y �,,J/Y`� �� J� �Y�.� � � � � N �4 ,�, s; u 1 � � ��,, " 10 - 10B 10K - 10R Receive an Item from the Appeals Commission Meeting of September 28, 1993: ......... 11 - 11 Z A. Variance Request, VAR #93-26, by Lindstrom Metric, Inc., to Reduce the Rear Yard Setback from 25 Feet to 15 Feet, to Allow an Outside Loading Dock in the Front Yard, in Order to Allow the Construction of a Building Expansion, Generally Located at 8101 Ashton Avenue N.E. ,1 �� ., FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 Page 5 NEW BUSINESS (CONTINUED� Request to Authorize Relocation Payments for Residents of 6070 and 6074 Central Avenue N.E. ...... Receive and Reject Bids for Sidewaik ��-�- �-�-°°�- Snowplow Lease/Purchase . . . . . . . . . " . } . ,� . . . . �� ;�n ��1'" � , i�,,%�` - ��,�` v ^,. /`�� C�,✓, � Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: 64th Avenue Storm Water Improvement Project No.260 .................... Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof and Amending: Fridley/New Brighton lnterconnection Twin City Army Ammunition Plat (TCAAP) Pipeline 12 - 12A _�,c``� r �...... � i % ,�.�� i i�` � � � 14 - 14D Project No. 248 . . . . . . . . . . . . . . . . . . . . . �� . . . . . . . . 15 - 15C Approve Change Order No. 1 to �,�. TCAAP Interconnect Pipeline ` Project No. 248 . . . . . . . . . . . . . . . . . . . . . . . 16 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 Page 6 NEW BUSINESS (CONTINUED): Appointment to CAN Adviso Commission . . . . . . . . . . 17 ,/ - � �� Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . 18 1 � Claims . . . . . ....... `� ......... . . . . �✓ .......... 19 U� , �� ' �� i Licenses . . . . . . . v': ��.Hu� : . . . . . . . . . . . . . . . . . . . . . 20 - 20A .� �,- � ..: ,.. ti Estimates ....... L`: ...... .. 21 j��`. �. .. ..... ... / ADJOURN: ��, � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 27, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Pro Tem Schneider, Councilwoman Jorgenson, and Councilman Billings MEMBERS ABSENT: Mayor Nee and Councilman Fitzpatrick PRESENTATION OF PROCLAMATION: NICOLAS HERMAN DAY, SEPTEMBER 29, 1993: Mayor Pro Tem September 29, 1993 making Mr. Herman in the City. Schneider read a proclamation proclaiming as Nicolas Herman Day in the City of Fridley and an honorary citizen of Fridley during his stay Mr. Hunt, Assistant to the City Manager, stated that Nicolas is one of several students who have come to Fridley for the summer to conduct marketing studies in international trade. He stated that Mr. Herman represents a number of companies in the Fourmies, France area. Mayor Pro Tem Schneider presented Mr. Herman with this proclamation. Mr. Herman thanked the Mayor and Council for everything that was provided to help him with his job during his stay in Fridley. He stated that Monsieur Batteux sends his greetings to Mayor Nee and the Councilmembers. WASTE REDUCTION WEEK, SEPTEMBER 27-OCTOBER 2, 1993: Mayor Pro Tem Schneider read a proclamation proclaiming the week of September 27 through October 2, 1993 as Waste Reduction Week in the City of Fridley. He urged all citizens to take advantage of this week to learn more about waste reduction and other ways to protect the environment. Mayor Pro Tem Schneider presented this proclamation to Brad Sielaff, Chairman of the Environmental Quality and Energy Commission. Mr. Sielaff stated it is important to recognize that waste reduction is more important than waste recycling. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27 1993 PAGE 2 FIRE PREVENTION WEEK, OCTOBER 3- 9, 1993: Mayor Pro Tem Schneider read a proclamation proclaiming the week of October 3 through 9, 1993 as Fire Prevention Week. He stated that there will be an open house held at the City's three fire stations on October 9, 1993 from 1:00 p.m. to 5:00 p.m. to inform citizens on public safety issues such as fire prevention, DARE, neighborhood crime watch, and emergency awareness and response. Mayor Pro Tem Schneider presented this proclamation to Mr. McKusick, Fire Chief. He also extended an invitation for citizens to visit the open house to be held on October 9 at all the fire stations in Fridley. He stated that the scope of Fire Prevention Week has been broadened to cover all areas of public safety services which the community provides. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 13, 1993: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson Seconded by Councilman Billings. aye, Mayor Pro Tem Schneider unanimously. OPEN FORUM, VISITORS: to adopt the agenda as submitted. Upon a voice vote, all voting declared the motion carried MR. EWERS, 5680 MATTERHORN DRIVE - RE: HATHAWAY LANE: Mr. Ewers, 5680 Matterhorn Drive, stated that in conjunction with the street improvements on Hathaway Lane, it is not a through street and has an inadequate turn around. He felt that there were three options to correct this situation -- install a full size cul- de-sac, extend Hathaway Lane to Matterhorn Drive, or to expand the c�al-de-sac to provide space for the snow plows to tu'rn around. He stated that if there is a full size cul-de-sac, trees would have to be removed, and the cul-de-sac would be right next to his home. He stated that he felt the least expensive option and one which he would favor is to expand the cul-de-sac and provide a turning radius for the snow plows. He stated that he understands, however, that a full size cul-de-sac is preferred for the fire trucks. Mr. Flora, Public Works Director, stated that staff has reviewed several options which will be discussed with the Council later this evening. FRIDL�Y CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 3 PUBLIC HEARINGS: 1. PUBLIC HEARING ON PRELIMINARY PLAT RE4UEST, P.S. #93-02, BY THE CITY OF FRIDLEY TO REPLAT PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF HIGHWAY 65 AND EAST MOORE LAKE DRIVE, BETWEEN HIGHWAY 65 AND CENTRAL AVENUE: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing opened at 7:53 p.m. Ms. Dacy, Community Development Director, stated that this replat involves the area between Highway 65 and Old Central Avenue. Properties included are Northwest Racquet and Swim Club, Moore Lake Commons East, Sears Outlet building, and Moore Lake Commons Shopping Center, formerly known as Shorewood Shopping Center. She stated that the purpose of the plat is to correctly dedicate minor adjustments along East Moore Lake Drive. She stated that because of corrected right-of-way alignments, the utility and bikeway/walkway easements need to be rededicated on this new plat. Ms. Dacy stated that this plat request is a joint request between the property owners of the affected land area and the City. She stated that the Planning Commission considered this request and recommended approval. Mayor Pro Tem Schneider stated that this plat is, basically, adjustments in the alignments. He asked if any bikeway/walkway easements would be lost. Ms. Dacy stated that this plat adjusts the alignments, and no bikeway/walkway easements would be lost. No other persons spoke regarding this proposed plat. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing closed at 7:56 p.m. 2. PUBLIC HEARING ON VACATION REQUEST, SAV #93-03, BY THE CITY OF FRIDLEY, TO VACATE ALL EASEMENTS DEDICATED ON THE PLAT OF SHOREWOOD PLAZA GENERALLY LOCATED AT HIGHWAY 65 AND EAST MOORE LAKE DRIVE• MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing opened at 7:56 p.m. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 27 1993 PAGE 4 Mr. Herrick, City Attorney, stated that Council could proceed with this public hearing, but�four affirmative votes are needed to approve the vacation. Ms. Dacy, Community Development Director, stated that this vacation affects the same properties involved in plat request, P.S. #93-02, generally located between Highway 65 and Old Central Avenue. She outlined the old and new easements on the proposed plat. She also stated that additional ponds or drainage easements were created as part of the original development for the shopping center and Northwest Racquet and Swim Club. Ms. Dacy stated that the Planning Commission recommended approval of this vacation. No other persons spoke regarding this proposed vacation request. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing closed at 7:59 p.m. 3. PUBLIC HEARING ON REZONING RE4UEST, ZOA #93-01, BY OLIVER TAM, TO REZONE PROPERTY FROM C-3 GENERAL SHOPPING CENTER TO R-3 GENERAL MULTIPLE DWELLING, ON PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E.: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing opened at 7:59 p.m. Ms. Dacy, Community Development Director, stated that this rezoning involves property located on the south side of Fireside Drive and is the site of Tam's Restaurant. She stated that the properties to the north and south are zoned C-3. The properties to the east and west are zoned R-4, mobile home park. Ms. Dacy stated that this proposal is to rezone a portion of the property from C-3 to R-3. She stated that there are existing structures on the site, Tam's Restaurant, and two dwelling units which are non-conforming in the C-3 zone. She stated that because R-4 zoning exists on both sides of the parcel, rezoning the parcels to R-3 should not cause any adverse impact. She stated that the area now occupied by the two dwelling units would be rezoned in order to create two sites for multiple family units, and the existing structures would be removed. Ms. Dacy stated that a four unit dwelling was proposed for each of the two lots; however, the owner has now indicated he may construct a duplex on the north lot. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 5 Ms. Dacy stated that the Planning Commission recommended approval of this rezoning request. Councilman Billings asked about parking requirements for the restaurant site which would remain commercial. Ms. Dacy stated that the parking requirement is one space for every 100 square feet of restaurant area. Councilman Billings stated that he counted 77 parking spaces. Of those, 35 are either on or need access from the residential property, which means over 45 percent of the parking that is proposed for the restaurant will be on residential property. He stated that he cannot understand rezoning to residential when the parcel is being used for commercial purposes. Ms. Dacy stated that she reviewed the general zoning pattern in the area. Due to the high density zoning on either side of the property, the long-term approach was taken that this parcel may not remain as commercial. A future redevelopment could be for residential purposes. She stated that due to the density of the proposed residential uses, it was felt it would not conflict with the commercial use. Councilman Billings stated that there is no guarantee that the commercial use would convert to residential use in the future. He stated that it is entirely possible that the two residential sites and the existing restaurant could be sold to two different parties. He asked if the restaurant could remain in operation as a non- conforming use if the entire parcel was rezoned to residential. Ms. Dacy stated that the restaurant could remain as a non- conforming use. Councilwoman Jorgenson pointed out that if there were a fire or disaster, and fifty percent of the restaurant was damaged, it could not be rebuilt. Ms. Dacy stated that if Mr. Tam is considering construction of a duplex on a portion of the property, less square footage would be required, and a portion of the parking lot could become part of the existing commercial zoning. Mayor Pro Tem Schneider felt that the key issues are the parking required for the restaurant and if there is adequate space on the commercial.property to accommodate the parking. Mr. Tam, the petitioner, stated that he wants to improve his existing dwelling, and the property has to be rezaned in order for him to make the improvements. He stated that he understands Councilman Billings' concern, but he does not envision selling the FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 6 property piece by piece. He stated that he would work with City staff to satisfy the Council's concerns. Councilman Billings stated that his concern is the rezoning of property to residential which will still be used for commercial use. He stated that it probably would make sense to determine the petitioner's plans and needs and if the plan could be modified. Mr. Burns, City Manager, asked if there would be sufficient parking if the 35 parking spaces were eliminated. Ms. Dacy stated that if the petitioner constructed a duplex rather than a four unit building, there would be sufficient parking. MOTION by Councilwoman Jorgenson to continue this public hearing to the October 4, 1993 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 4. PUBLIC HEARING ON PRELIMINARY PLAT REQUEST, P.S. #93-03, BY OLIVER TAM TAM ADDITION TO REPLAT PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E.: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:22 p.m. Ms. Dacy, Community Development Director, stated that the Planning Commission recommended approval of this plat by a 6 to 1 vote subject to seven stipulations. Councilman Billings stated that since this plat involves the same parcel in rezoning request, ZOA #93-01, which the Council previously discussed as Item 3 on the agenda, it was felt that this public hearing should also be continued to the October 4 Council meeting. MOTION by Councilwoman Jorgenson to continue this public hearing to the October 4, 1993 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider.declared the motion carried unanimously. 5. PUBLIC HEARING ON CONSOLIDATION OF THE FRIDLEY POLICE RELIEF ASSOCIATION'S POLICE PENSION: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing opened at 8:25 p.m. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27 1993 PAGE 7 Mr. Pribyl, Finance Director, stated that the Fridley Police Relief Association is seeking approval to consolidate their Police Pension Association with the Public Employees Retirement Association (PERA). He stated that since Council passed the preliminary resolution to consolidate in November, 1992, the first action involved the preparation of an actuarial valuation at the request of the Legislative Commission on Pensions. He said that the State Board of Investment then reviewed the pension group's investments for any investments determined to be ineligible for consolidation. He stated that after the review, staff again met with a representative from PERA to review the information. He stated that the actuarial valuation indicated that if all pensioners elected the greatest benefit value, the City would still reduce its overall police pension cost. . Mr. Pribyl stated that it was determined the consolidation would not have a negative impact and would provide members with more retirement options and selections under PERA. He stated that this request for consolidation was initiated by the Police Relief Association. Mayor Pro Tem Schneider stated that with the consolidation into the PERA program, there is still monitoring of the pension pian, and the advantage is more retirement options. No other persons spoke regarding this consolidation of the Police Relief Association's Pension Plan. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 8:29 p.m. 6. CONTINi�ATION OF PUBLIC HEARING ON THE 64TH AVENUE STORM WATER PROJECT NO. 260 (CONTINUED FROM CITY COUNCIL MEETING OF SEPTEMBER 13, 1993): MOTION by Councilwoman Jorgenson to reopen this public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and this public hearing was reopened at 8:29 p.m. Mr. Flora, Public Works Director, stated that Petition No. 13-1993 was received from the residents in the 64th Avenue neighborhood for a storm water project. It is proposed that a pipe be installed from Mississippi Street to the culvert on Old Central at a cost of about $94,000. He stated that this project would also involve construction of a detention pond on the lots owned by the City at an estimated cost of $7,000, or for total construction costs of $101,000. He stated that $41,000 of this cost would be paid by an assessment of $1,000 per residential lot, and the government would fund the balance of the cost. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 8 Mr. Flora stated that Mr. Nelson, who submitted the original Petition No. 13-1993, agreed to take the petition to the residents in the area to try to obtain additional signatures for this improvement. Mr. Nelson, 1357 64th Avenue, re-submitted Petition No. 13-1993, which contained two additional signatures for a total of 22 out of 41 properties affected. He stated that he would like to thank these 22 persons who signed the petition. He also thanked the. Council for their efforts in trying to help with the procedures. He stated that the intent of the petition is to try and alleviate the problem of water up to their door steps. He stated that he would like the storm catch basins incorporated with the TCAAP project, which is now in progress. MOTION by Councilwoman Jorgenson to receive Petition No. 16-1993, which is an addition to Petition No. 1�-1993, containing two additional signatures not contained in the original petition. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Councilwoman Jorgenson asked Mr. Flora to address the concerns about enlargement of the detention pond. Mr. Flora stated that three-tenths of an acre would be required in order to provide storage of water coming from the north of 64th Avenue, and the detention pond would be about one acre. He stated that this would be more than adeguate to handle the water coming from the north and Harris Pond, as well as the wetlands in that area. Councilwoman Jorgenson stated that her major concern is not to flood the homes south of 64th Avenue. Mr. Flora felt that the improvement should not make it worse for the homes to the south but actually improve their situation because of the additional storage area for the water. Mayor Pro Tem Schneider asked if all the residents received notice of this public hearing. Mr. Flora stated that all residents in the area were notified. Councilwoman Jorgenson asked when the detention•pond area would be enlarged. Mr. Flora stated that if Council decides to proceed with this project, there could be a change order in conjunction with the TCAAP project, to install the catch basins when 64th Avenue is upgraded. He stated that the additional piping from 64th Avenue and the detention pond could be done separately or as a change FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27 1993 PAGE 9 order to the TCAAP project. He stated that the permit for the pond must be submitted to the Watershed District, the Department of Natural Resources, and the Army Corps of Engineers. Ms. Kowski, 6391 Central Avenue, stated that the improvement is needed. She asked what the timetable is for this project. Mr. Flora stated that the project could probably be completed by next spring. Ms. Sue Rau, 1341 64th Avenue, asked about the construction on 64th Avenue and how far back the pipe would be placed on the residents' property. Mr. Flora stated that the TCAAP water line will be placed in the street as well as the catch basins. He stated that all the improvements would be done within the street easement and not on the residents' property. Mr. Nelson, 1357 64th Avenue, asked if the right-of-way for the storm water improvement would involve a portion of the easement five or six feet from the curb onto the residents' grass. Mr. Flora stated that the improvement would be in the street right-of-way aligned with the concrete curb. Mrs. Linda Nelson, 1357 64th Avenue, thanked the Council for all their time and effort in trying to help the neighborhood correct this problem. She stated that they do not want the problem to go farther south, and they do not want anyone to have water problems. She also asked if the property owners would have the option to pay the assessment in one lump sum. Mr. Pribyl, Finance Director, stated that there is a time frame that the property owner can pre-pay the entire assessment. He stated that the assessment could also be spread over a fifteen year period at an anticipated interest rate of about seven percent. Ms. Beverly Prior, 1340 Mississippi Street, stated that there has been water on 64th Avenue every year since she has lived at this address, which has been over 25 years. She asked how the assessment could be paid. Councilwoman Jorgenson stated that there is also a provision for deferment of the assessment until such time as the property is sold. Ms. Prior stated that she did not feel the improvement would solve the problem with the water on 64th Avenue. Councilwoman Jorgenson stated that the improvement project will not remove all the water one hundred percent, but there should not be FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 10 the flooding conditions that have occurred this year and in the past. Ms. Prior felt that the flooding would still occur because it lias been that way for years. Mayor Pro Tem Schneider asked Mr. Flora to explain how the City assesses for storm water projects. Mr. Flora stated that in 1973, the City established a plan for storm water projects, and a limit of $800 per residential lot to be assessed for these projects. He stated that the Council then raised this figure from $800 to $1,000. He stated that about sixty percent of the residents have paid the storm water assessment. He stated that this area has not paid a storm water assessment. Mr. Okeson, 1423 64th Avenue, stated that the builder of his home paid an assessment of $800 for storm water. He stated that he understands the City refunded some of these monies and sent money back to the State for unclaimed funds. He stated that this assessment was already paid, and the City should have known he was the owner and not turned the money over to the State. Mr. Pribyl stated that the City tries to locate, whenever possible, the owners. He stated that in many cases it was not possible because the only information the City had was the name of the developer. He stated that in the case where the developer or property owners could not be determined, the funds were turned over to the State as unclaimed property. He stated that the owner should be able to work with the developer in obtaining those funds. Mr. Okeson stated that he and the contractor took care of this at the closing, and he felt he had already paid this assessment. Mr. Pribyl stated that the City should be able to go back to the State and reclaim those assets. He stated that in this particular case, where the owner has been identified, the City may be able to reclaim this money. Ms. Rau, 1341 64th Avenue, stated that she has a similar case to Mr. Okeson and, in her case, the money was returned to the widow of her builder. She stated that they have been the only owners of their property, and they were never contacted. Mr. Herrick, City Attorney, stated that the monies that were paid were not an assessment but an escrow payment. He stated that there are state rules that govern the construction of projects. If a project is not constructed within a certain period of time, it has to be refunded. He stated that the rule the City follows is that the funds are returned to the person who made the escrow payment to the City. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE li Mr. Nelson, 1357 64th Avenue, stated that his home was built by the same contractor as the Rau's, and he felt the only difference was that he was covered by the title search. Councilman Billings asked Mr. Flora if he addressed the question of installing another pipe under Central Avenue. Mr. Flora stated that this was not addressed because there was not a problem west of Central Avenue. Councilman Billings asked if the pipe west of Central was not critical to the flow. He stated that he is concerned that there is enough pipe capacity to move the water from the east to the west side of Central Avenue. Mr. Flora stated that in the proposed detention pond there is three times the capacity that the system is introducing. Councilman Billings asked Mr. Flora if he could guarantee the detention pond has enough capacity to handle essentially all the water that is coming down the 36 inch pipe on Central Avenue. Mr. Flora stated that adding another pipe under Central Avenue would have no impact. The detention pond increases the capacity of the water storage that would be introduced into the pipe. No other persons in the audience spoke regarding this proposed improvement project. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing closed at 9:12 p.m. OLD BUSINESS- 7. ORDINANCE NO. 1018 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 102, ENTITLED "POLICE," BY AMENDING SECTION 102.03: MOTION by Councilman Billings to waive the second reading of Ordinance No. 1018 and adopt it on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 8. SECOND READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT BROAD AVENUE AND LAFAYETTE STREETL: Since this item required a four-fifths vote of the Council, the following action was taken: FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 12 MOTION by Councilman Billings to table this item to the October 4, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. . 9. VARIANCE REQUEST, VAR #93-18, BY MARK AND LAURA INGEBRIGTSEN, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 31.3 FEET, GENERALLY LOCATED AT 5831 WEST MOORE LAKE DRIVE N.E. (TABLED SEPTEMBER 13, 1993): Mayor Pro Tem Schneider removed this item from the table. Ms. Dacy, Community Development Director, stated that this item was tabled at the September 13, 1993 Council meeting in order for staff to measure setbacks of two homes at 5741 and 5891 West Moore Lake Drive. She stated that the setback for 5741 West Moore Lake Drive is 30.2 feet and 34.7 feet for 5891 West Moore Lake Drive. She stated that it is assumed these encroachments occurred prior to 1966 when the permits were issued and an "as built" certificate of survey was not required at that time. Ms. Dacy stated that there was also a question if a door could be installed on the south side of the building in lieu of extending the garage into the setback for the service door. She stated that because the new south wall will be less than three feet from the lot line, the Uniform Building Code prohibits an opening in the wall. Ms. Dacy stated that there was a variance granted similar to this variance at 6810 Seventh Street. Councilman Billings asked if there has been a decline in property values as a result of these structures being closer than 35 feet from the curb, if any complaints have been received, or if staff felt this would create a negative impact on the neighborhood. Ms. Dacy replied in the negative to all of these questions. MOTION by Councilman Billings to grant Variance Request, VAR #93-18, to reduce the front yard setback from 35 feet to 31.3 feet at 5831 West Moore Lake Drive. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 10. RESOLUTION NO. 70-1993 GRANTING FINAL APPROVAL FOR THE CONSOLIDATION OF THE FRIDLEY POLICE PENSION ASSOCIATION WITH THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION: MOTION by Councilman Billings to adopt Resolution No. 70-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 27 1993 PAGE 13 11. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 113, "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION," BY AMENDING SECTION 113.07 AND CHAPTER 11 "GENERAL PROVISIONS AND FEES," FOR SOLID WASTE PROGRAMMING FEE, BY AMENDING SECTION 113: Ms. Dacy, Community Development Director, stated that the solid waste abatement fee is currently $2.50 per quarter per household, and this ordinance would increase the fee to $4.00. She stated that the reason for the increase is that costs are exceeding revenues. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 12. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 8, 1993: A. SPECIAL USE PERMIT REQUEST, SP #93-14, BY JAMES WOLD, TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERALLY LOCATED AT 1425 MEADOWMOOR DRIVE N.E.: Ms. Dacy, Community Development Director, stated that the petitioner, Mr. Wold, wishes to construct a 24 foot by 24 foot second garage on his property at 1425 Meadowmoor Drive. She stated that the Planning Commission recommended approval of this request with four stipulations. MOTION by Councilwoman Jorgenson to grant Special Use Permit Request, SP #93-14, with the following stipulations: (1) the accessory structure shall be architecturally compatible with the existing dwelling unit; (2) the petitioner shall provide a hard surface driveway by September 1, 1994; (3) the accessory structure may not exceed 14 feet in height; and (4) the accessory structure may not be used to conduct a home occupation as defined in Section 205.03.34 of the Fridley Zoning Code. Seconded by Councilman Billings. Councilman Billings asked Mr. Wold how often he would use the accessory building or if it would be mostly for storage. Mr. Wold stated that it would be mostly for storage of a boat and an antique truck. Councilman Billings stated that in the need for preserving green areas, there have been instances where residents only brought items in and out of storage several times a year, and a hard surface driveway was not requested. He asked the use of this structure in terms of bringing vehicles in and out. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 14 Mr. Wold stated that he would probably bring items in and out every week. Mayor Pro Tem Schneider asked Mr. Wold if he had planned to provide a hard surface driveway. Mr. Wold stated that his plan was to provide a hard surface drive, and he would install it by September 1, 1994 as outlined in the stipulation. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes of the Planning Commission Meeting of September 8, 1993. Seconded by Coui�cilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 13. A. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF SEPTEMBER 14, 1993: VARIANCE RE4UEST, VAR #93-23, BY ST. PHILIP'S LUTHERAN CHURCH� TO ALLOW THE DISPLAY OF A TEMPORARY SIGN FOR MORE THAN TWO WEEKS, GENERALLY LOCATED AT 6180 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that the petitioner has requested this item be tabled to the next Council meeting. She stated that they felt they were not adequately notified of the Council meeting. MOTION by Councilwoman Jorgenson to table this item to the October 4, 1993 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. B. VARIANCE REQUEST, VAR #93-24, BY CECELIA ROSENBERG, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 22 FEET TO CORRECT AN EXISTING ENCROACHMENT AND TO ALLOW THE CONSTRUCTION OF A SINGLE CAR GARAGE WHEN A TWO' CAR GARAGE IS REQUIRED, GENERALLY LOCATED AT 71 63-1/2 WAY N.E.: Ms. Dacy, Community Development Director, stated that Ms. Rosenberg was not in attendance. The Council, therefore, took the following action: MOTION by Councilman Billings to table this item to the October 4, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27 1993 PAGE 15 14. RESOLUTION NO. 71-1993 MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 TO REFLECT INCREASED PROJECT COSTS AND INCREASED GEOGRAPHIC AREA AND MODIFYING THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 1 THROUGH NO. 12 TO REFLECT INCREASED PROJECT COSTS AND INCREASED GEOGRAPHIC AREA.WITHIN REDEVELOPMENT PROJECT NO. 1: Ms. Dacy, Community Development Director, stated that Council conducted a public hearing on September 13, 1993 to consider amending the redevelopment project area and creating Tax Increment District No. 13 for the purpose of providing tax increment financing assistance to ECO Finishing, Inc. She stated that since the public hearing, the request for tax increment financing assistance has been amended. The proposal is no longer to create a tax increment district, but to add this parcel to the redevelopment project area to enable the Housing and Redevelopment Authority to provide a$125,00 loan. Ms. Dacy stated that this resolution would add this parcel to the redevelopment project area. She stated that the Housing and Redevelopment Authority would consider the request for the loan at their October 14, 1993 meeting. Ms. Debbie Gustafson, of the Bridgewater Financial Group and representing ECO Finishing, Inc., stated that the company did not amend the request. It was done by staff, and they are still requesting tax increment financing. Councilman Billings stated that it would take three votes to create a tax increment district. Since there would not have been the required votes, this request has been modified. He asked if this amendment to the redevelopment plan requires a public hearing. Ms. Dacy stated that the amendment simply requires a majority vote. She stated that, in essence, the Council already conducted the public hearing on September 13, and as part of this hearing process was to amend the redevelopment project area and create the tax increment district. MOTION by Councilwoman Jorgenson to adopt Resolution No. 71-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 15. RECEIVE THE 1994 BUDGET OF THE NORTH METRO COI�IVENTION AND TOURISM BUREAU• Mr. Burns, City Manager, stated that the North Metro Convention and Tourism Bureau was established to promote tourism. The hotel and motel business is supported by a tax on hotel and motel rooms. He stated that this involves no direct tax to the residents. He stated that in accordance with the agreements with the four member FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 16 cities, the North Metro Convention and Tourism Bureau is required to submit its budget to each City. MOTION by Councilman Billings to receive the 1994 budget of the North Metro Convention and Tourism Bureau. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CdUNTY OF ANOKA FOR THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF COUNTY ROAD NO. 132 AND SPRINGBROOK DRIVE: MOTION by Councilman Billings to approve the Joint Powers Agreement with Anoka County for installation of traffic control signals at the intersection of County Road No. 132 and Springbrook Drive and authorize the appropriate City officials to execute same. Seconded by Councilwoman Jorgenson. Mr. Herrick, City Attorney, stated that this does not involve the expenditure of any City funds; therefore, three affirmative votes are satisfactory. Mr. Flora, Public Works Director, stated that the proposal is to install traffic signals at 85th Avenue and University Avenue Service Drive. He stated that Wal-Mart would pay for the City's portion of the cost for installation of these signals, which is estimated at $32,400. Councilwoman Jorgenson asked if the Opticom cost would also be covered by Wal-Mart. Mr. Flora answered in the affirmative. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. 17. APPROVE HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND ROBERT A. AND JOYCE L. WAROLIN: Mr. Flora, Public Works Director, stated that the owners of property at 6024 2-1/2 Street, Mr. and Mrs. Warolin, wish to construct a fence within the drainage and utility easement. He stated that the owners must enter into this hold harmless agreement in which they agree to remove or dismantle the fence if required by the City. MOTION by Councilman Billings to approve the hold harmless agreement with Robert A, and Joyce L. Warolin, 6024 2-1/2 Street, and authorize the appropriate City officials to execute same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 17 18. APPROVE 1994 SCHOOL REFERENDUM LEVY RETURN AGREEMENTS (SCHOOL DISTRICT NOS. 11, 13, 14 AND 16�: Mr. Pribyl, Finance Director, stated that these agreements provide for the return of the full amount of tax increment to the School Districts in Fridley. He stated that the estimated total return for 1994, before delinquents, is $315,045.96, which is a decrease of eight percent from the 1993 estimated return. He stated that the agreements are identical to the ones in the past years. Tax Increment District No. 4 is being returned to the tax rolls, and the School District will now be getting their money directly from the County from this tax increment district. MOTION by Councilman Billings to approve the 1994 School Referendum Levy Return Agreements with School Districts No. 11, 13, 14 and 16 and authorize the appropriate City officials to execute same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 19. RESOLUTION NO. 72-1993 DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR TREATMENT AND REMOVAL OF TREES 1993: MOTION by Councilman Billings to adopt Resolution No. 72-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 20. RESOLUTION NO. 73-1993 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE TREATMENT AND REMOVAL OF TREES, 1993- MOTION by Councilwoman Jorgenson to adopt Resolution No. 73-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 21. RESOLUTION NO. 74-1993 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1& 2: MOTION by Councilwoman Jorgenson to adopt Resolution No. 74-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 22. RESOLUTION NO. 75-1993 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1 & 2: MOTION by Councilman Billings to adopt Resolution No. 75-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 1$ aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 23. RESOLUTION IN SUPPORT OF FUNDING FOR CAPITAL PROJECTS OF HUMAN SERVICES ORGANIZATIONS: Since this item requires a four-fifths vote of the Council, the following action was taken: MOTION by Councilman Billings to table this item to the October 4, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 24. RESOLUTION i�IO. ?6-1993 AUTHORIZING DIRECTOR AND ALTERNATE FOR THE MINNESOTA POLICE RECRUITMENT SYSTEM: Mr. Burns, City Manager, stated that Council has previously designated the Public Safety Director and Deputy Safety Director has the Director and Alternate for the Board of Directors of the Minnesota Police Recruitment System. He stated that due to the personnel function of the Assistant City Manager position, it is recommended that he be appointed as the Alternate Director and the Public Safety Director be appointed as the Director. MOTION by Councilwoman Jorgenson to adopt Resolution No. 76-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 25. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 26. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 51639 through 51877. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 27. 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 Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 19 28. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard, N.W. Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of August, 1993 . . . . . . . . . . . . . . . $ 3,900.25 Northwest Asphalt 1451 County Road 8 Shakopee, MN 55379 Street Reconstruction Project No. ST. 1993 - 1& 2 Estimate No. 3 . . . . . . . . . . . . . . . $203, 134.79 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADJOURNMENT• MOTION by CounciZwoman Jorgenson to adjourn the meeting. Seconded by Mayor Pro Tem Schneider. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 27, 1993 adjourned at 9:44 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: Dennis L. Schneider Mayor Pro Tem r � � J Community Development Department PL�NG DrviSION City of Fridley DATE: September 30, 1993 � D,/ (� TO: William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Public Hearings for Plat Request, P.S #93-03, and Rezoning Reguest, ZOA 93-01, by Oliver Tam, 1Z60 Fireside Drive We have spoken to the petitioner regarding the above requests. Staff has determined that the pZat can be revised to decrease the size of the residential lots to 10,000 square feet, thereby allowing the residential and commercial uses to be on separate parcels. This will limit the type of dwelling to be placed on the residential lots to triplexes. The petitioner is agreeable to this plan. Staff recommends that the City Council continue the public hearings for these two requests until October 18, 1993, to allow the petitioner adequate time to revise the plat for Council review. 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L � � � , � 1 a 9 9a . 5 s G - � / � ' � � � Y , r x I�� b�J .Q` 1,,� I�n'.. 67 'y. , � �r �aes � � � J � 0°� - - - i � /� ' a,, � ' � �c��o e92 3a.7 �" �;�` a: --�:s/ y; � ( m I TQ a� ��A . � . `` � 8 9 3 --� � . I I i m e'�ti E'o�'.SE'p p �' d 9 Z- 1� ' '��" �S �S' �`/ eyo,.c ---------_` 8g, --.__.._--- , g i I � , . - --- � QITC�M/NOUS � -- � • - - — — o � o - — � -- - - l : - 69i 2 �PowER - - F - . ._ov _..- - - - =�RiVE_----�o�b �/ - .. . ... aso„a Wm - - _-_ - — . � j�, ''•___ ---�.� - . ro �� au ��we�. 89�`= d Y e5,�. ___ _ ; � p -� 288.00891�, ea�a � � /'\ N.88°404Z."W_ L��' � �u = No's 397 � n `-A /ir,e which, it ext�:naed, �t��c+!� ,..:p„�. � . oF fhP r� w r, _ �. I _ � Community Development Department PLANNING DIVISION City of Fridley DATE: September 30, 1993 � �. TO: William Burns, City Manager�. ' FROM: Barbara Dacy, Community Development Director Lisa Campbell, Planning Associate SUBJECT: Second and Final Reading of Ordinance Amendments Amending Chapter 113, Solid Waste Disposal and Recycling Collection, by Amending Section 113.07; and Chapter 11, General Provisions and Fees, for Solid Programming Fee by Amending Section 113 As per Council direction, staff has prepared the ordinance changes required to implement an increase in the solid waste abatement programming fee (S.W.A.P.). The proposed increase is from $2.50 to $4.00 per quarter. The amendments are minor. Amendments to both Chapter 113 and Chapter 11 require replacing the old dollar amount of $2.50 with the new dollar amount of $4.00. The Finance Department will be notifying property owners of both the increase in sewer charges and the solid waste abatement programming fee. The notification will occur in three phases beginning in October. A letter will accompany the utility bills. Staff Recommendation Staff recommends that Council conduct the second and final reading of the ordinance amendments. LC:ls M-93-571 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 113, ��SOLID WABTE DISPOSAL AND RECYCLING COLI�ECTION��, BY AMENDING SECTION 113.07, AND CHAPTER 11, ��GENERAL PROVIBIONS AND FEEB�� FOR BOLID WASTE PROGRAMMING FEE, BY AMENDING SECTION 113 CHAPTER 113. SOLID WASTE DISPOSAL AND RECYCLING COLLECTION 113.07. SOLID WASTE ABATEMENT PROGRAMMING FEE Effective November 1, 1993, the City of Fridley shall begin charging residential dwellings of one to four units $4.00 per unit per quarter. Effective November 1, 1993, the City shall begin charging multiple dwellings of 5-12 units and other multiple dwellings of 13 or more units certified for service under the City's contract for recycling services $4.00 per unit per quarter. This fee shall be charged in conjunction with the utility billings as administered by the Finance Department. This fee shall be called the Solid Waste Abatement Programming Fee. This revenue shall be placed in the 5olid Waste Abatement Fund and shall be expended on solid waste programming activities. These activities include the curbside collection of recyclables for residential dwellings of one to four units, recycling services to multiple dwellings of 5-12 units, and other multiple dwellings of 13 or more units certified for"service under the City's contract for recycling services, the purchase and distribution of curbside recycling containers, a drop-off redemption center for recyclables, a yard waste transfer center, and other special abatement activities as authorized by the City Council. CHAPTER 11. GENERAL PROVISIONS AND FEES 113. Solid Waste Abatement Programming $4.00 per residential dweiling of one to four units and per multiple dwellings of five or more certified for service under the City's recycling services contract 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 First Reading: September 27, 1993 Second Reading: Publication: 2A I _ � DATE: TO: FROM: Community Development Department P G DrviSION City of Fridley September 30, 1993 •�•�. William Burns, City Manager �' Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Certain Real Estate to Broad Avenue and Lot 26, Heights Ordinance Declaring be Surplus; Vacated Block C, Ri�erview The City Council held the first reading of the attached ordinance at its August 2, 1993 meeting. The City Council directed staff to revise the preliminary bikeway alignment. Attached is the revised alignment plan. Adjustments will need to be made in the field to ensure that the transition points in Coon Rapids and at the intersection of Broad Avenue and Lafayette Street are smooth. Staff recommends that the City Council hold the second reading of the attached.ordinance declaring the combined right-of-way and Lot 26 as surplus and authorizing its sale. MM/dn M-93-479 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF SECTION 1 The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: Lot 26, Block C, Riverview Heights, Anoka County, Minnesota, and that part of ail of the vacated Broad Avenue N.E., lying southerly of the westerly extension of the northerly line and northerly of the westerly extension of the southerly line of Lot 26. Reserving and subject to easements for bikeway and walkway purposes in favor of the City of Fridley, over the westerly 15 feet and the northerly 10 feet thereof, and northwesterly of a line drawn from points distant 12.0 feet southerly and northeasterly of the intersection point of the interior easement l.ines. Also reserving and subject to an easement for public roadway purposes in favor of the property adjacent westerly, lying southerly of a line drawn from the most southerly corner of Lot 26, Block C, to a point distant 10.00 feet northerly of the intersection of the westerly extension of the southerly line of said Lot 26 with the westerly line of vacated Broad Avenue. Generally located north of Lafayette Street and south of Mississippi Boulevard. All lying in the North Half of Section 3, Township 30, Range 24, City of Fridley, County of Anoka, State of Minnesota. SECTION 2 It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3 The Mayor and City Clerk are hereby authorized �o sign the necessary contracts and deeds to affect the sale of said property. � Ordinance No. Page 2 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 First Reading: August 2, 1993 Second Reading: Publication: : r �► _ J DATE: TO: FROM: SUBJECT: Community Development Department P G DIVISION �ity of Fridley September 30, 1993 William Burns, City Manager � ?•� • Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #93-23, by St. Philip's Lutheran Church, 6180 Highway 65 N.E. The Appeals Commission reviewed this variance request to allow an increase in the amount of time to display a temporary sign from two weeks to three years. The Appeals Commission voted unanimously to recommend denial of the request to the City Council. Staff recommends Commission action. MM:ls M-93-555 that the City Council concur with the Appeals � S TAFF REPORT � Community Development Department Appeals Commission Date Sept,e�er' 14, 1993 Planning Commission Date City Council Date Septer,ber 27, 1993 n�r�,e.�+., tQ93 REQUEST Permit Number Appiicant 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 Fin ancial I mplications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations I RECOMMENDATION Staff Appeals Commission Planning Commission Author �;ls �7AR #93-23 St. Philip's Lutheran C�urch To allaa the display of a te�orary sign for m�re than two weeks (� to t�'�ree vears ) 6180 Highway 65 iJ.E. Seven acres h-3, General Multiple Family Instituti� C-3, General Shopping Center District, to the N& E; I�1, Single Family �o �he Tn7 Crnmiercial to the iV & E; Residential to the W Ric� Cree,7c �enial Denial 0 . . Staff Report VAR #93-23, 6180 Highway 65 N.E., St. Philip's Lutheran Church Page 1 A. STATED HARDSHIP: i� "Three-year program - temporary sign requested." ADMINISTRATIVE STAFF REVIEW: Request time extension The petitioner requests that a variance be granted to allow display of a temporary sign for more than two weeks. The request is by St. Philip's Lutheran Church, generally located at 6180 Highway 65 N.E. � Site Located on the property is a single story masonry building. There is a gymnasium and activity center connected to the main church facility. The property is zoned R-3, General Multiple Family Dwelling. The property to the east and north is zoned C-3, General Shopping Center District. The property to the w�st is zoned R-1, Single Family Dwelling. Analysis Section 214.11.06 of the Sign Code requires that portable signs may be displayed for a period of 14 days after a permit is issued by the City. Public purpose served by this requirement is to control visual pollution by limiting the size and types of signs displayed on a property. The petitioner has installed a sign advertising their current fund drive. The sign is 46 square feet in area and is approximately 8 feet high. The intent of this sign is to be temporary; display is for the length of the fund drive. In 1978, the church installed a 5.5 feet by 14 feet brick sign. The message area of the sign is approximately 24 square feet in area. Chapter 214 of the City Code allows institutional signs of 32 square feet in area. Prior to the City approving a variance to Chapter 214, four conditions must be met by the petitioner. Those conditions include: 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 R-3, General Multiple Family Dwelling. Chapter 214 limits the maximum size of signs for institutions at 32 square feet and does not specifically allow tY►F use of temporary signs, except for . �� 5taff Report VAR #93-23, 6180 Highway 65 N.E., St. Philip's Lutheran Church Page 2 institutions. The petitioner has the option of reconstructing its existing sign to incorporate a readerboard type of sign which would allow temporary messages to be displayed within the sign. This would allow the petitioner to advertise the current funding drive.as well as the hours of services without temporary signage. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Denial of the variance would not eliminate signage for the petitioner. The petitioner has an existing sign advertising the facility as a Lutheran church. The maximum amount of signage permitted by code has not been utilized by the petitioner. The petitioner may apply for new permits for temporary signage in 1994. The petitioner has other options; therefore, denial of the variance would not remove a substantial property right from the petitioner. C. That the strict application of the Chapter would constitute an unnecessary hardship. ' Denial of the proposed variance request would not constitute an undue hardship as the petitioner is allowed to display temporary signs for two 14-day periods per year. 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. Currently, a multiple number of signs are displayed by the petitioner: the permanent sign which received a permit in 1978, the temporary sign of 46 square feet currently displayed, and a small nursery school sign. The public purpose served by the Sign Code is to reduce visual pollution by limiting the�size and types of signs displayed on various properties. Denial of the variance would assist in meeting the public purpose by limiting the number of signs displayed on the property. Recommendation As the petitioner has not met the four conditions required prior to the granting of the variance, staff recommends that the Appeals Commission recommend denial of the variance to the City Council. 4C Staff Report VAR #93-23, 6180 Highway 65 N.E., St. Philip's Lutheran Church Page 2 Appeals Commission 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 concur with the Appeals Commission action. . � CITY OF FRIDLEY 6431 UNIVERSTTY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 6180 Hiahway 65 NE in Fridley Property Identification Number (PIN) LegaldesCription:_ Ou�lots l and 2, Block Two, Moore Lake Highlands, 4th Addition Lot Block Tract/Addition Current zoning: Square footagefacreage seven acres Reason for variance and hazdship: 3-vear proctram -temporary siqn time extention requested Section of City Code: Chapter 214 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 X FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME Jennif r ra e r Gi dPni- - S Pl�i 1 i n' � T i�thr� rari_1'`hi, r�h ADDRESS 6180 Highway 65 NE F idle DAYTIME PHONE �� _� �n� SIGNATURE �,� z DATE Au�. �4, i a�3 PETITIONER INFORMATION NAME St. Philin's Lutheran Church ADDRESS _ 6180 Highwav 65 NE Fri_dley MN 55432 DAYTIME PHONE �71-1500 SIGNATURE _�,��iy,� �n,l-�,; _ �rtir:�, �sp�j.�, �. DATE Aug . 20 ,1993 Fee: $100.00 $ 60.00 for residential properties Permit VAR # — - Receipt # ��-� Application received by: Scheduled Appeals Commission date: -- -- � Scheduled City Council date: ' 4E D � .� 0 6180 HIGHWAY 65 NORTH EAST • FRIDLEY. MINNESOTA 55432 • TELEPHONE 612/571-1500 St. Philip's Lutheran Church August 24,1993 Michele McPherson Planning Assistant, City of Fridley 6431 University Avenue NE Fridley MN 55432 Dear Michele: The Variance Application Form requesiing a variance to display our sign for up to three years is enclosed. The sign is professionally made and very attractive. It carries the theme for our three-year building fund program. It is also an invitation to our facility which hosts numerous community support groups as well as our own programs. A sketch of the sign is enclosed. Please call me if you have any ques- tions. Sincerely, �� elma Nash Allan J. Schoonover, Connie M. Kleingartner • pastors Thelma Nash, administrator • Chris Dahiberg, childhood education 4F 6180 HIGHWAY 65 NORTH EAST • FRIDLEY, MINNESOTA 55432 • TELEPHONE 612/571-1500 � � St.P ' 'p's Lutheran Church � 0 August 27,1993 Mayor Wiliiam Nee Frid1_ey City Council 6431 University Avenue NE Fridley MN 55432 Dear Mayor Nee: Enclosed is our application for a variance for the length of time that our temporary sign may be displayed. The sign is professionally made and very attractive, approximately .4'x10' and carries the logo and theme of our three-year capital appeal, "Catch the Vision--Celebrate the Challenge." The sign also serves as an invitation to the community for the many programs and support groups that are held here. Our mission is to make a positive influence on people's lives in this community. We appreciate your consideration of this request and the fee being waived, if possible. If you have any questions, please call me. enclosure Sincerely, � ' �� heima Nash Allan J. Schoonover, Connie M. Kleingartner • pastors Thelma Nash, administrator • Chris Dahlberg, childhood education 4G CITY OF FRIDLEY APPEALS COMMISSION MLBTING� SEPTEMBER 14, 1993 _..__..____.._.,_________.,_.,_.,__.._____.._______________.._..____,._.._..___ CALL TO ORDER• Chairperson Savage called the September 14, 1993, Appeals Commission meeting to order at 8:00 p.m. ROLL CALL• Members Present: Diane Savage, Larry Kuechle, Ken Vos, Cathy Smith Members Absent: Carol Beaulieu Others Present: Michele McPherson, Planning Assistant Pastor Al1en Schoonover, St. Philip's Church Cecelia Rosenberg, 17354 Weaver Lake Drive, Maple Grove APPROVAL OF AUGUST 31, 1993 APPEALS COMMISSION MINUTES' MOTION by Mr. Kuechle, seconded by Ms. Smith, to�approve the August 31, 1993, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. CONSIDERATION OF VARIANCE REOUEST VAR #93-23 BY ST PHILIP'S LUTHERAN CHURCH- Per Section 214.11.06 of the Fridley Sign Code, to allow the display of a temporary sign for more than two weeks on Outlots 1 and 2, Block 2, Moore Lake Highlands, 4th Addition, generally located at 6180 Highway 65 N.E. MOTION by Mr. Kuechle, seconded by Dr. Vos, to waive the reading af the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:02 P.M. Ms. McPherson stated this property is located in the soutYiwest corner of the intersection of West Moore Lake Drive and Highway 65 N.E. The property is zoned R-3, General Multiple Dwelling, with C-3, General Shopping District, to the north and east, and R-1, Single Family Dwelling, to the west. 4H APPEALS COMMISSION MEETING. SEPTEMBER 14, 1993 PAGE 2 Ms. McPherson stated the petitioner is currently displaying a sign advertising the church's three year funding drive. The sign is 46 square feet in area and is approximately 8 feet high. The intent of the sign as designed is to advertise the petitioner's three year funding drive, as well as advertising the hours of the church's worship services. The petitioner stated that this funding drive is a three year period and is requesting that they be allowed to display this temporary sign during the current funding drive. Ms. McPherson stated that prior to the City approving a variance to Chapter 214 of the City Sign Code, the four following conditions must be met: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The property is zoned R-3, General Multiple Family Dwelling. Chapter 214 limits the maximum size of signs for institutions at 32 square feet and does not specifically allow the use of temporary signs, except for institutions. The petitioner has the option of reconstructing its existing sign to incorporate a readerboard type of sign which would allow temporary messages to be displayed within the sign. This would allow the petitioner to advertise the current funding drive as well as the hours of services without temporary signage. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Denial of the variance.would not eliminate signage for the petitioner. The petitioner has an existing sign advertising the facility as a Lutheran church. The maximum amount of signage permitted by code has not been utilized by the petitioner. The petitioner may apply for new permits for temporary signage in 1994. The petitioner has o�her options; therefore, denial of the variance would not remove a substantial property right from the petitioner. C. That the strict application of the Chapter would constitute an unnecessary hardship. Denial of the proposed variance request would not constitute an undue hardship as the petitioner is allowed to display temporary signs for two 14-day periods per year. D. That the granting of the varianca 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. 41 APPEALB COMMISSION MEETING, SEPTEMB$R 14, 1993 PAGB 3 Currently, a multiple number of signs are displayed by the petitioner: the permanent sign which received a permit in 1978, the temporary sign of 46 square feet currently displayed, and a small nursery school sign. The public purpose served by the Sign Code is to reduce visual pollution by limiting the size and types of signs displayed on various properties. Denial of the variance would assist in meeting the public purpose by limiting the number of signs displayed on the property. Ms. Smith asked the longest extension of time a variance has been approved for a temporary sign. Ms. McPherson stated the only formal request for an extension of time for a temporary sign was for Northwest Racquet, Swim & Health Clubs, and that request was denied by�the Appeals Commission and City Council. Pastor Allen Schoonover of St. Philip's Lutheran Church stated they did have three signs; the nursery school sign is now down. It appears in the spring and fall for registration. He stated the church has a debt of $1.4 million for th�ir new added facility and gymnasium. They added these facilities on to the church not only to serve the church but to serve the community of Fridley. A recent Carnegie study shows that kids between the ages of 6-12 form most of their values during the hours of 3:30 p.m. to 6:30 p.m. He stated they are serious about kids and that is one of the reasons for the new facility. Pastor Schoonover stated the sign exists for two reasons: (1) To promote to their people that this debt has to be paid; and (2) To attract people to the church in order to pass the message and offer the kinds of morals and values that this society needs. Pastor Schoonover stated the people in the neighborhood do not object to this sign. He stated they know their✓big permanent sign needs to be changed, and they plan to do that in the future. If the City does not want them to have the temporary sign up for a three year period of time, they would be willing to take it down before then, but they do want to have it up more than two weeks now and then another two weeks twice each year. They believe they are an asset to the community and they want to work in partnership with the community to make Fridley a better place to live. Pastor Schoonover stated he believed the sign is attractive and not objectionable. He stated they have to have some visibility, because the area across the street at the shopping center just bounces with neon lights, and they are trying to attract people to their facility. Dr. Vos asked if a church can put up a wall sign. 4J APPEALS COMMISSION MEETING, SEPTEMBER 14, 1993 PAGE 4 Ms. McPherson stated, yes, they can, but she did not know how City staff would regulate it as it is an institution as opposed to a commercial business. MOTION by Ms. Smith, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CL03ED AT 8:15 P.M. Ms. Smith stated she could understand the church's need for the sign and that it is for a good cause, but she could not recommend recommending approval of an extension of time to the degree requested by the petitioner. There is also the issue of setting a precedent. Ms. Savage agreed. She stated that even though the neighbors do not object to the sign, the Commission has to be concerned about the precedent this would set if they granted this particular variance for a temporary sign. She also could not approve the variance, because it does not meet the four conditions of the Sign Code as outlined by staff. The petitioner does have alternatives, one of which is a permanent readerboard sign. She did not believe the public purpose is being met by allowing the continuance of this temporary sign. Mr. Kuechle stated he would also vote to recommend denial for two reasons: (1) The request does not meet the four conditions in the Sign Code for granting a variance; and (2) He believed that if a temporary sign has a life of two years or more, it then becomes a permanent sign. With some readjustments, this could become a permanent sign. Dr. Vos stated that he agreed the City does not need any more temporary signs. The church could use different signage, and he didn't think giving the church permission to have a temporary sign long term is going to solve what he believed should be different signage. What is curious is that the Fridley Liquor Store on Highway 65 has one or two banners up all the time. If they are going to enforce temporary signage for the church on the corner, then they better enforce the signage for the City's liquor store. The City should be consistent in its enforcement. He would recommend denial, but under protest. MOTION by Ms. Smith, seconded by Mr. Kuechle, to recommend to City Council denial of variance request, VAR #93-23, by St. Philip's Lutheran Church, per Section 214.11.06 of the Fridley Sign Code, to allow the display of a temporary sign for more than two weeks on Outlots 1 and 2, Block 2, Moore Lake Highlands, 4th Addition, generally located at 6180 Highway 65 N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOUSLY. f:�►7 � � � _ � I DATE: TO: FR�M: Community Development Department PI.��NNING DIVISION City of Fridley September 30, 1993 �� . William Burns, City Manager � Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #93-24, by Cecelia Rosenberg, 71 - 63 1/2 Way N.E. The Appeals Commission reviewed this variance request at its September 14, 1993, meeting. The variance request is in two parts: 1. 2. To reduce the front yard setback from 35 feet to 22 feet To allow the construction of a single car garage when a two-car garage is required The Appeals Commission voted unanimously to approve the variance request to reduce the front yard setback from 35 feet to 22 feet. This is to correct an existing encroachment by the single family dwelling unit on the subject parcel. The Appeals Commission voted unanimously to deny the variance request to construct a single car garage. As the Appeals Commission denied a portion of the variance request, the City Council is required by ordinance to review the request. MM:ls M-93-554 „� � S TAF� REPORT L� Community Development Department Appeals Commission Date Septenber 14, 1993 Planning Commission Date City Council Date gep��r 27, 1993 - � oq� REQUEST Permit Number Appiicant Proposed Request Lacation SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMIVIENDATION Staff Appeals Commission Planning Commission Author �.15 v� #93-z4 Ceaelia R�seriberg Zb reduo� the front yard setback f�en 35 ft. to 22 ft. and to allow the ccxistruction of a single car garage when a two-car garage is required 71 - 63 1/2 Way N.E. 10,836 sq. ft. R-�, Single Family Dwelling Single Family 1�-2, Single Family Dwelling, on all sic�es R�sidential on all sides N/A Six Cities See Staff Update . �5, T. 30, R.z� OF FR/OL EY CONDOM/N/UM NQ B � 8 �i 42 � / _.. �ap� , .._ :;.�;�', ... ....... ...... ... � � 1 � ,_ �U \ � , �� ;� �, ' ppTASf ,� .; I; % .,...;, ;: ..., '� �1:, M.C.'I � � � 2 O 43 � VAR ��93-24 Cecelia Rosenberg I'�':: IS A COMPILAf10N OF kEC ITHE/ AFPEAF IN iHE ANOKA CFFKES AfFECi1NG iHf AREA j iM1= JRAWWG IS ip BE :ISEJ { � REFERENCE PURPOS:S AND ilj � Iy IS NOT RESFONSIBIE FOR ACCURAUES HEREIN CON1 539/5 ; 41 I E.V4 CORNER .� C.1� �T fi11SSISSIPPf--T- ST. � 6B � SYLVAN ;� ,, �' HILLS 1 `" 'r, • PLAT 8 `• SATELLITE ' 4ANE I� � Q f .i�' �F �! ,�:' t-s � � ' J �� - � j � m � r' .. � '� i A ;.j `�:; V�: SYLVAN , LANE � :; � � \ ' _ y � � , : W > K O I � i �C- - j� !�1 L " ' ' F „ .. .� rno, � .v��r .rnowa �„ ' ^ ^ Re«•n.: P.r.� •y�f 4N LOCATION MAP , / i i1 RiV E 1 � VAR ��93-24 Cecelia Rosenberg 40 � ZONING MAP Staff Report VAR #93-24, 71 - 63 1/2 Way N.E., by Cecelia Rosenberg Page 1 A. STATED HARDSHIP: . "Wish to 'mirror' front of house for a balanced look." B: ADMINISTRATIVE STAFF REVIEW: Reauest The petitioner requests two variances: 1. To reduce the front yard setback from 35 feet to 22 feet 2. To allow construction of a singZe car garage when a two- car garage is required The request is for 71 - 63 1/2 Way N.E. site Located on the subj ect parcel is a single family dwelling unit and a"garage" which was originally used as a chicken coop. The property is zoned R-1, Single Family Dwelling, as are all adjacent properties. ' Analysis Section 205.07.03.D.(1) of the Fridley Zoning Code requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. The petitioner is proposing to add a small portico to the front entry of the dwelling unit. The portico is 6 feet by 8 feet. The proposed addition is well outside the required front yard setback area. The petitioner has requested that the existing encroachment be addressed by the Appeals Commission. The location of the dwelling as it exists does not adve sely impact adjacent properties. There is adequate sight di�tance from adjacent properties and from the driveway. Section 205.07.05.B.(1) of the Fridley Zoning Code requires that all lots having a minimum lot area of 9,000 square feet shall have a double car garage. Public purpose served by this requirement is to provide adequate off-street parking �and storage of vehicles and materials which would otherwise cause visual pollution. � ■ Staff Report VAR #93-24, 71 - 63 1/2 Way N.E., by Cecelia Rosenberg Page 2 The second variance request is to allow the construction of a single car garage when a two-car garage is required. The existing "garage" or chicken coop is located on the side lot line in the rear yard. As it is not structurally sound, the petitioner is proposing to remove this existing structure and construct a new garage closer to the front of the yard. This will create a usable rear yard and provide a separation of "public" and "priva�te" space. There is adequate room on site to construct a two-car garage. The petitioner has proposed to locate the garage 16 feet from the side (west) lot line. This would provide adequate room between the proposed garage and the side lot line if the petitioner or a future property owner chooses to expand the garage. The location of the proposed garage meets the minimum setback requirements for the front yard and side yard. Adequate" off-street parking would be provided with the proposed driveway. If the Commission chooses to approve the variance request to allow a single car garage, staff recommends that the following stipulations be a condition of approval: 1. 2. The petitioner shall provide a hard surface driveway by September 1, 1994. The existing structure shall be removed within 60 days of completion of the proposed garage. Appeals Commission Action The Appeals Commission voted unanimously to approve the variance request to reduce the front yard setback from 35 feet to 22 feet. The Commission voted unanimously to deny the variance request to construct a single car garage. City Council Recommendation Staff recommends that the City Council concur with the Appeals Commission action. � � VAR ��93-24 Cecelia Rosenberg 511 t F'LAN I � _ ; � hw � �� a�; �? ��. � �� m � �' �� \j �� L�i VAR ��93-24 Cecelia Rosenberg .. _ _ , � Si7 �` � _< _.: N . �I � E s ��'oPas �� 5 -� �-.1�1� � i �o,� s �� <�"�' � 4s SITE PLAN �U� � � � �� -� r',`l'i � � � ��b ,�j N � ' � m m � ��,, , �� _ � �� o . ; - s s ��s� �� , ��m� fi°�� '`' �� `' b � o VAR ��93-24 Cecelia Rosenberg u� � �j,, ( � � l� � \ N � � � � � � '?I � . � ,� � 't� � � � � v� --�-,� � � 4T ELEVATION � Y- �Pbl�l i- SD� i K s l.(�E �A, � 14' 1 �. , �- - ------- ---- ;', ,, '%, ,; � /; r ` - � - . 5�✓« ------------ � .�'04 �� }5� s�p� -F�iN� �r.�s Var 4�93-2� Cecelia Rosenber� �3�4E� -- �o� r 11 S/.�� „ �� i � � � � �S�.�l.�� ' — / ' ��1�Ji �cock �/�si�3t� _ ; _ T�7�-� �/� = 9' , �%�-G s�,21 -__ L�� l -.�SC�t ;8 f= c�G�? i 4u � ELEVATION L . CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 �Gl � c!-fCu: c � �', ' J (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: ! � � �'� �� w�J- y /U: � , �lL� L� y � a � Property Identification Number (PIN) /5 " 3� 02 �� 1}/ - OU30 Legal description: �T5 / I o2v� �3C0��C / S- �i� �-E� f�K, A�/,��9' �Bd�, .,M�N�,��1- Lot �qf�0 Block /S TracdAddition �i�/�L�`% ¢� � Current zoning: �-s /��'r� �- Square footage/acreage l0 � 3("� Reason for variance and hardship: �ISif 7D �'�'1f�P�bR" l�.c�i 6� �%� �'P �' �l�i�C/��lL'�,� �.DOK Section of City �Code: :� Have you operated a business in a city which required a business license? Yes No � If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign�this form prior to processing) NAME ��/�A- � , >QC�S� ° `'� ADDRESS I%�S� ��%�Fra�Ei2 G�� i :!�'r�°C� �c�1� , lZt� S�3i/-%5�4<Z _ /� . � �� . DAYTTME PHONE �� -2�� SIGNATURE DATE �� ° , � �'-� PETITIONER INFORMATION NAME ADDRESS SIGNATURE DAYTIME PHONE DATE Fee: $100.00 60.00 �� for residential propetrties Permit VAR #---?��'�� Receipt# 3UC:'9 Application received by: Scheduled Appeals Commission date: 9-� - y ��. —_ Scheduled City Council date: 4V APPEALS COMMISSION MEETING, SEPTEMBER 14, 1993 PAGE 5 Ms. McPherson stated this item will go to City Council on September 27, 1993. 2. CONSIDERATION OF VARIANCE REOUEST` VAR #93-24 BY CECELIA ROSENBE�tG-�.,�"� � _ --�� . � __ ;� Per Section 205.07.03.D.(i) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 22 feet to correct an existing encroachment; Per Section 205.07.05.B.(1) of the Fridley Zoning Code, to allow the construction of a single car garage when a two-car garage is required; On Lots 19-20, Block 15, Fridley Park Addition, the same being 71 - 63 1/2 Way N.E. MOTION by Ms. Smith, seconded by Dr. Vos, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, AL� VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:19 P.M. Ms. McPherson stated this property is located between East River Road and the Burlington Northern Railroad tracks south of Mississippi Street. The property is zoned R-1, Single Family Dwelling, as are all adjacent properties. Ms. McPherson stated that a single family dwelling unit is located on the property. A garage which was originally a chicken coop has been removed from the property by the petitioner. Ms. McPherson stated the petitioner is proposing to add a 6 ft. by 8 ft. entry addition to the front of the dwelling and to construct a single car garage. Ms. McPherson stated the first variance request is to address the existing front yard encroachment which reduces the front yard setback from 35 feet to 22 feet. The proposed addition is well outside,the setback requirement of 35 feet. The petitioner has asked that the existing encroachment be addressed. The existing location of the dwelling unit does not adversely impact adjacent properties, and there is adequate sight distance from the adjacent structures to the street. Ms. McPherson stated the second variance is to allow the construction of a single car garage when a two-car garage is required by code. The garage which was originally a chicken coop has been removed from the property. The petitioner is proposing to locate the new garage at the front setback line which would provide a separation between the front yard and rear yard and provide a separation of "public" and "private" space. There is � APPEALS COMMISSION MEETING. SEPTEMBER 14, 1993 PAGE 6 adequate room on the site to construct a two-car garage and the petitioner is leaving adequate room between the proposed garage and the westerly lot line in which to expand the garage if the variance is not granted by the Appeals Commission and City Council. Ms. McPherson stated the location of the garage meets the minimum setback rec�tirements and would not adversely impact the adjacent properties. There is also adequate off-street parking with the proposed driveway to meet the minimum parking requirements. Ms. McPherson stated that if the Appeals Commission chooses to grant the variance request to allow the single car garage, staff has one stipulation: l. The petitioner shall provide a hard surface driveway by September l, 1994. Ms. Cecelia Rosenberg stated the existing house is very long and narrow so all that is seen from the street is the 14 foot wide front. If a double car garage is constructed, it will not be in proportion with the house as there will be a huge garage and a little house. So, her main reason for the single car garage is for aesthetic reasons, to give the property a"planned" look. She wants to keep the look of the property as balanced as possible. A single car garage also makes sense financially. A double car garage could possibly over-price the property. Dr. Vos stated one of the reasons the code requires a double car garage is for the inside storage of vehicles and materials. Is there adequate room on the property for the inside storage of materials? Ms. Rosenberg stated there is a full basement under the house, and she only has one car. Ms. Savage asked about the marketability of the house with a single car garage. She stated that most people want a double car garage. Ms. Rosenberg stated that she has looked at other houses in the area. The homes across the street have no garages. Approximately 25% of the homes have sinqle car garages, either detached or attached, approximately 250 of the homes have no garages, and the rest have double car garages, so it is a real mixed bag in this area. She did not think there would a proper selling price for the house if a double car garage has to be added. MOTION by Mr. Kuechle, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CFiAIRPERSON 3AVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:35 P.M. 4X APPEALS COMMISSION MEETING, SEPTEMBER 14, 1993 PAGE 7 MOTION by Dr. Vos, seconded by Ms. Smith, to recommend approval of variance, VAR #93-24, by Cecelia Rosenberg, per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 22 feet to correct an existing encroachment on Lots 19-20, Block 15, Fridley Park Addition, the same being 71 - 63 1/2 Way N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPBRSON SAVAGE DECLARED THE MOTION CARRIED QNANIMOUSLY. Mr. Kuechle stated that regarding the second variance for a single car garage, he would recommend denial for following reasons: 1. He believes a good one deviate fro enough room the requirement for a double car garage is and only in exceptional cases should they m that requirement. In this case, there is for a double car garage. 2. There is somewhat of a hardship in the additional cost involved in going from a single car garage to a double car garage. In this case, the additional cost should not be extravagant because it would only be about a 40% increase in square footage, so the increase in cost should be less than 40%. He believed most of that added cost could be recovered in the sale of the property. 3. As far as the aesthetic considerations, placing the garage closer to the house might help the visual association. He understood the petitioner's concern about the house being very narrow and the double car garage looking much larger in perspective, but he did believe something could be done with the placement of the garage to alleviate some of that concern. Dr. Vos agreed that other options are available to reposition the garage on the property to lessen the visual impact. He believed that if the garage is positioned differently, the petitioner might find that a double car garage is an asset rather than a liability. He would also recommend denial for the single car garage. MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend to City Council denial o� variance, VAR #93-24, by Cecelia Rosenberg, per Section 205.07.05.B.(1) of the Fridley Zoning Code, to allow the construction of a single car garage when a two-car garage is required on Lots 19-20, Block 15, Fridley Park Addition, the same being 71 - 63 1/2 Way N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOIISLY. Ms. McPherson stated this will go to the City Council on September 27, 1993. 4Y TO: FROM: DATE: SUBJECT: Engineet�ng Sewer �Nale� Parks Slrects Mainten�nCe MEMORANDUM William W. Burns, City Manager ��/� John G. Flora,� blic Works Director October 4, 1993 MSAS System PW93-340 We are attempting to maximize our MSAS mileage authorization for the City in order to obtain our maximum funds and establish the ability to complete the system so MSAS funds may be used off-system. Attached are two resolutions, one undesignating certain segments of the system which are no longer deemed necessary and the second establishing streets to add to the system. In working with the City of Mounds View, we propose to upgrade Stinson Boulevard between 73rd and Osborne Road. It is proposed to designate this as an MSAS system and share one-half the cost between the two cities. In conjunction, we are deIeting the unbuildable portion of 61.st between Main Street and East River Road. With the TCAAP system, we will be reconstructing Camelot Drive and Squire Lane to MSAS standards. Arthur street cannot be extended to Rice Creek Road as shown on our plans based upon the development that has occurred. Accordingly, we are deleting the segment of Arthur from Camelot Drive to Rice Creek Road and adding Camelot and Squire to our MSAS system. The Council has taken a position that Ironton will not be improved or expanded. Accordingiy, the Ashton Avenue/Ironton loop that had been designated should be removed from our system. We have twice informally rec�uested MN/DOT to designate 79th and Riverview Terrace a.nd Kir�lball as an MSAS route to support the great River Road system and to provide for a collector street in this area. Request the City Council favorably consider the attached two resolutions so that we may initiate actioii with MN/DOT and obtain the appropriate variances this winter for right-of- way widths to assist in completing our MSAS construction program. JGF:cz Attachments �.� � r�:'�. •. RF�SOIATI�i 1�U. - 1993 RE.SOLUTION REVORING M[JNICIPAL Si'ATE AID STREEI'S WI�REAS, it is evident to the City Council of the City of Fridley that the streets herein referenced should be revoked as Municipal State Aid Streets wnder provisions of Minnesota I�ws. Nl7W, T�'�ORE, BE IT RE90LVID by the City Council of the City of Fridley, County of Anoka, that the streets described as follaas, to wit: Control Section 336 349 323 302 Seament 005 010 010,020 010,015 020 Termini Arthur Street - Rice C7e�k Rd to Camelot Ln Ironton Street — East River Road to Ashton Avenue Ashton Avenue — 79th Way to Ironton Street 61st Avenue — East River Road to Ma.in St be and hereby are revoked as Municipal State Aid Streets of said City subject to the approval of the Co�issioner of Minnesota DepartmPPnt of Transportation. BE IT FURZ'I�R RE.SOLVED, that the City Clerk is hereby authorized and directed to fozwat�l two (2) certified copies of this Resolution to the Cozrnnissioner of the Minnesota Department of Transportation for his approval of the revocation of said Municipal State Aid Streets. FASSID AI�D ADOPTED BY TI� CITY GODNCIL OF Ti� CITY OF FRIDLEY Tf�S 4TH OAY �F OCI�OBER, 1993. A7.'I'FST: WILLIAM A. CHAMPA - CITY CLERK 5A WIIZIAM J. NEE - MAYOR ; �;;, �... o�--�.., . ,� �� ,`; �....., __ --1 ` � �\ �, ,� � � � . c�•,� ' .i P � CITY OF FRIDLEY -�}' +` c �: .N.•o;�>>, I .0= ANOI(A COVHTT, NINNESOiA ��,;�.o , li� D ' °� "�>y�%��:"•� � � VOTING SCFi00L �v�. ;�?>.� �fc� � �•�d;• I� r.c cee� nron.•rox - �� ,;' ° ° `' :� '' °,' . ' ..... . .. . .... „ DISTRICTS _.:. 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I� a i i� Q�� 't _ .V'.`�..M}��: U4 J.�O a I ' _. � .� �� , � _ �� •`' `tl': �f'.Il�:'� �9: '°cl � `� � ° � � v �` � . � N �c � / p J,�`u • ��.. : � N • o : �,+-�' 11 / CM . l� � V . j ' s l� - c� ~ P �„� ,i L I -- �a 'I� � " � ' �I � - ` �. I� �/�,� '�i` _ l.�l/_' 1 �°'��= t I • \-- —�1. =_ r yQyr �� !' � : _ ._ _ >>.,.� Uo� , — �. �:-.---.— ..;;�� _ a , . .:.:;:-: _. ; ; i i ;. ,; � m�•1 � � ,, :.=�':::: s 'f� _ r � � � .T • �'i �. �{� r�w ; a <— ,�_� _ _ „ � �� _ `, I -~ • - � � � �$ i� . � i r � � i Ic _ ( ."' �j , — � � � � � ' _ ,�.J; y. ��._. ci=i�ai;�(��- _ — �� GuJ � '�� G ^Gr��4.a.�L.-TI_ _ � � V' �°`" — - �' — �, �Q`� r�<i'��t�:,:,: �� r ' „>�� I = � ��•i�:i;T � I� } vJv JJ a + — �e� _ 'r:.,.��,. � . � .��Gv I Vr=—j c �a :i:�a'.::�F� I ;,��k�.; ,o `':ii�F, ,�; = �s � �� I :-4.-_ -:.=-- =� E ��L_� '�� ' °J - _ -�`::r�_ ^I= 9 f � p K ;; . �,�,�, / 4� - _ ,: - p _ . � e r , � , - - R . ... a e : --:�! 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" — .� Z�i � �:% ,� � ,, _ � �tr -----� �.� � � � • ;'� � k� I % ... , ` , ' ,I _ , �. _- � � _` ' '__ _ '__ . � )�, � I �C�� a� �:I ; I LZs--�(-'.�' `° w� �j—_ - ; l %Y�,�`: RESOLUTIaN I�. - 1993 ' �: • � `f !■ Y� � ' �1 WI�REAS, it appears to the City Council of the City of �Yidley that the streets hereinafter described should be designated as a Municipal State Aid Streets under pravisions of Mi.nnesota Iaws of 1967, Chapter 162. Nl7W, TI�`ORE, BE IT RF.80LVED by the City Council of the City of Fridley, County of Anoka, that the streets described as follows, to wit: Te�"mi ni Squire Drive — Rice Creek Rd to Camelot In Camelot Iane —�thur St to Squire Dr Stinson Bouleva�l — 73rd Ave to Osborne Rd (1/2 �-idley) 79th Way — Riverview Terrace to Alden Way Riverview Terrace — 79th Way to Kimball Street Kimball Street — Rivexview Terrace to East River Road be and hereby is established, located and designated a Municipal State Aid Street of said City, subject to the appraval of the Co�nnissioner of Minnesota Depa.rtm�nt of Transportation. . � � � . � ' BE IT FUR7.�R RE.SOLVID, that the City Clerk is hereby authorized and directed to fozwan3 two (2) certified copies of this Resolution to the Coitunissioner of Highways for his consideration, and that upon his approval of the designation of said streets that the same be constructed, impraved, and maintained as a Municipal State Aid Street of the City of Fridley, to be n�nnbered and l�lawn as a Municipal State Aid Street as established by the State. PASSID AtID ADOP'I'ID BY TI� CITY �UNCIL OF � CITY OF FRIDLEY 7�IIS 4TH LIAY OF OCI�OBER, 1993. ATl'EST : WII�IAM A. Q�AMPA - CITY CI�2K l•J WILLIAM J. NEE - MAYOR / _ CI7YOF FRIDLEY MEMORANDUM Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 (512) 571-3450 TO: The Honorable Mayor and City Coun I �,� FROM: William W. Burns, City Manager ;n,�� DATE: September 24, 1993 SUBJECT: Human Services Organizations Office of the City Manager William W. Burns At the City Council's request, Councilmember Steven Billings and I prepared the attached resolution for Council's consideration at the City Council meeting on Monday, September 27, 1993. . � . � � . The resolution pro�ides for an immediate $10,000 contribution to the Alexandra House, Inc. Additionally, the resolution provides funding for health and human services capital projects in 1994. It should be noted that the source of funding in 1994 has not been specified. Staff recommends approval of the attached resolution. WWB:rsc Attachment �� RESOLUTION NO. - 1993 RESOLUTION IN SUPPORT OF FUNDING FOR CAPITAL PROJECT3 OF HIIMAN SERVICES ORGANIZATIONS WHEREAS, the residents of the City of Fridley are experiencing many of the problems associated with being residents of first-ring suburbs; and WHEREAS, health and human service problems in the City of Fridley have grown substantially in recent years; and WHEREAS, the City Council of the City of Fridley recognize the contributions of non-profit, human service organizations toward resolving health and human service problems in Fridley; and WHEREAS, the capital projects of health and human service organizations help to improve the capabilities and presence of these organizations in Fridley; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley:. 1. That the City should establish a program to assist non- profit, human service organizations with their capital projects; 2. That capital projects shall be defined as those projects that create or improve facilities that house human service programs; 3. That the City Council shall annually consider a budget line item for this purpose; 4. That the City Council shall set aside Ten Thousand and 00/100 Dollars ($10,000) from its 1993 General Fund budget for the construction of a new, twenty-four hour emergency shelter by Alexandra House, Inc.; 5. That the City Council shall establish a Twenty-Five Thousand and 00/100 Dollar ($25,000) budget line item for human service capital projects in 1994; and, 6. That the City Council shall establish a process for reviewing applications and selecting projects for funding. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF _ , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 7A WILLIAM J. NEE - MAYOR TO: FROM: SUBJECT: DATE: � WILLIAM W. BURNS, CITY MANAGER �� RICHARD D. PRIBYL, FINANCE DIRECTOR HOWARD D. KOOLICK, ASSISTANT FINANCE DIRECTOR CHAN'GE IN SEWER RATES September 29, 1993 Attached is a resolution for Council approval amending the method and rate charged for sewer secvice. Section 402.13 of the City Code stipulates that the City Council shall set sewer rates by resolution. � The resolution incorporates the changes presented to Council in previous conference meetings. The following table summarizes.the differences between the current sewer rates and the proposed rates: � � � � . � The proposed rate of $1.67 is composed of a� ($0.35). Once the new rate structure is in charges separated into these two components. � MWCC portion ($1.32) and a City portion place, quarterly billings will show the sewer Tfie new rate structure, if adopted at the October 4th meeting, will be used for the Octobcr billing which is scheduled to be mailed around October 25th. :� RESOLUTION NO. - 1993 A RESOLUTION PROVIDING FOR SEWER RATE INCREASES WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority to set sewer rates, and WHEREAS, the Metropolitan Waste Control Commission (MWCC) disposal charges to the City's sewer fund are increasing annually and comprise the largest percentage of the fund's expenditures, and WHEREAS, based primarily on the increase in the MWCC disposal costs for 1993, the sewer fund will incur a net loss . NOW, THEREFORE, BE IT RESOLVED, that the following sewer rate schedule shall be effective immediately: Pr�erty Class "Single Family" Dwelling (incl. . Townhomes) , Commercial/Indust. Non-Profit EAtity {inciuding Schools �hurches, etc.) Multiple Dwellings (including Trailer �ourts) Qualifying Disabled and Senior Citizens Consumption Basis Winter Quarter Water Usage Giirrent Quarter Water Usage � Current Quarter Water Usage Winter Quarter Water Usage Winter Quarter Water Usage Minimum Char�e $20.04 $41.75 $41.75 $41.75 Maximum of $13.36 Minimum Consumption 12,000 Gallons 25,000 Gallons 25,000 Gallons 25,000 Gallons No minimum- Maximum of 8,000 Gailons All consumption in excess of the minimums stated above will be charged at a rate of $1.67 per thousand gallons. PASSED AND ADOPTED BY THE CIT'Y COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 1993. ATfiEST: WILLIAM A, CHAMPA - CITY CLERK : � WILLIAM J. NEE - MAYOR r � � � Community Development Department NG DIYISION City of Fridley DATE: September 30, 1993 � /�,. - TO: William Burns, City Manager� r/ FROM: SUBJECT: Barbara Dacy, Community Development Director M�chele McPherson, Planning Assistant Resolution Approving Plat Request, P.S. #92- 07, by Glacier Park Company The City Council conducted a public hearing regarding the plat request at its December 14, 1992 meeting. At that time, the City Council discussed two issues: 1) The requirement to pay a park dedication fee, and 2) Granting a lot area variance for the subject parcel. The petitioner has worked with Burlington Northern to acquire additional property in order to meet the minimum lot area requirements for the M-2, Heavy Industriai district regulations. The subject parcel is now 69,064 square feet, or 1.58 acres. As the property meets the minimum lot area requirements, restrictive covenants will not need to be filed against the property. Staff recommends that the City Council approve the attached resolution with two stipulations: 1. The petitioner shall pay a park dedication fee of $.023 per square foot, or $1,445.58 at the issuance of a building permit. 2. A formal request shall be made to Anoka County if another entrance to the parcel from East River Road is required. After the December 14, 1992 hearing, staff confirmed that the MPCA is aware of the pollution issues from the Burlington Northern property. At a site inspection in December, the ditch contained absorbent screens and "buoys" to treat the material in the ditch. MM/dn M-93-569 RESOLUTION NO. - 1993 A RESOLUTION APPROVING PLAT, P.S. #92-07, DOWDS ADDITION WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #92-07, on October 28, 1992, and recommended approval with stipulations; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their December 14, 1992 Council meeting and approved the Plat at their meeting; and NOW, THEREFORE, BE iT RESOLVED, that the Cit�r Council of the City of Fridley hereby approves the Plat, P.S. #92-07, Dowds Addition, with two stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by Hakanson Anderson Associates, Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF" , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK . � WILLIAM J. NEE - MAYOR Exhibit A Resolution No. - 1993 Page 2 . 1. The petitioner shall pay a park dedication fee of $.023 per square foot, or $1,445.58 at the issuance of a building permit. 2. A formal request shall be made to Anoka County if another entrance to the parcel from East River Road is required. .- ,� STAFF REPORT � Community Development Department Appeals Commission Date Planning Commission Date : October 28, 1992 City Council Date : November 9, 1992 �c^n�hcr 2 �-�C�? 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 Oistrict ANALYSIS Financiaf Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author M�/dn Aecember 14, 1992 October 4, �1993 P.S. ��92-07 . Glacier�Park Company To replat a portion of Lot 36, Auditor's Subdivision No. 39 4000 block of East River Road N.E. 62,851.1 square feet M-2, Heavy Industrial Vacant/storage M-2, Heavy Industrial to the North, South, and East; P, Public, to the West. Burlington Northern to the �ast; Minneapolis Water Works to the West. $.023 per square foot $1,445.58 Six Cities Approval with stipulations. Approval with stipulations 9C P.S. ��92-07 Glacier Park Co. s� LOCATION MAP i i � /; r , � u �-.: . � . � � , ;�-F� � 4�, F �. f� � ' I �/� � El.� { � ,� � ' ,� � �, �� ; el�, � '`� , `� , ,� -� � � � . 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' r.a :xs:� . � P.S. #92-07 Glacier Park Co. %/////'��/////// 1��r ��/. 9E ZONING MAP � Staff Report P.S. #92-07, by Glacier Park Company Page 2 Request The petitioner requests that a plat be approved to create a separate parcel. The property is generally located on the 4000 block of East River Road N.E. Site The property is currently used as a portion of the Certified Auto Recovery yard which is owned by James Dowds. The property is zoned M-2, Heavy Industrial, as are the properties to the north, south, and east. The Minneapolis Water Works facility is located to the west of the subject parcel across East River Road. Analysis The subject parcel was conveyed from Burlington Northern and the Minneapolis, Anoka, and Cuyuna Range Railroad Company to Dunkley Surfacing Inc. in 1973. The parcel was then leased to James Dowds, and in 1988, Burlington Northern sold a large portion of its excess property Yocated adjacent to its railroad.yards to Glacier Park Company, a real estate subdivision of Burlington Northern, in order for Glacier Park to dispose of the property through development or sale. Anoka County recorded the original deed in 1990; however, the County, in attempting to create a property identification number, observed that the City of Fridley had not authorized the subdivision. The pZat request will legally create a parcel as was originally described in 1973 and will allow the deed to be officially recorded at Anoka County. The subject parcel does not meet the minimum lot area. It is 62,851.1 square feet in area (1.44 acres). The lot width does meet the minimum requirements; however, it appears that there is not adequate depth to allow a buildable lot once the required setbacks are applied. There are also easements which also affect the lot's buildability. Specifically, a natural gas pipeline and a utility easement exist on the lot. There does appears to be adequate buildable area at the south end of the subject parcel; however, the location of the easements will determine the overall buildability af the subject parcel. Anoka County Highway Department has reviewed the preliminary plat. The County will require that a formal request be submitted if an additional access is required from East River Road. In conjunction with the plat request, the petitioner will be required to pay a park dedication fee of $.023 per square foot prior to recording the plat at Anoka County. 9F Staff Report P.S. #92-07, by Glacier Park Company Page 3 Recommendation Staff recommends that the Planning Commission approve the plat request, P.S. #92-07, with the following stipulation: l. The petitioner shall pay a park dedication fee of $.023 per square foot ($1,445.58) prior to recording the plat at Anoka County. 2. The subject parcel shall be combined with the adjacent property to the south. A restrictive covenant shall be� recorded against the lot which states that the lot is unbuildable on its own. 3. A formal request shall be made to Anoka County if ariother entrance to the parcel from East River Road is required. Planning Commission Action � The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission voted to amend � stipulation #2 as follows: 2. A restrictive covenant shall be recorded against the lot which states that the lot is unbuildable without variances. Staff Update The purchaser, James Dowds, after reviewing the staff report, requested,that the parcels not be combined due to his perception of the presence of contamination on the site. We do not have a report or other verification of this at this time. Typically, the Assessing Department requires the combination of adjacent properties with the same ownership. It simplifies record-keeping and prevents divisions of property which are not in compliance with the code. The Assessing Department, after reviei,uing Dowd's request, will not require a combination for this request as the purchaser will be creating a separate corporation for ownership of the subject parcel. City Council Recommendation Since the Planning Commission meeting, staff has conferred with the City Attorney regarding two issues: l. Payment of the park dedication fee; and 2. Lot area variance. 9G Staff Report P.S. #92-07, by Glacier�Park Company Page 4 Typically, the City has, in the past, required that the park dedication fee be paid at the time a building permit is issued to the subdivided parcel. The City Attorney recommended that we not deviate from that practice and the stipulation be amended to reflect that. The parcel is under the minimum lot area requirement of the M-2, Heavy Industrial district of 65,340 square feet by. 2,489 square feet (62,851). It is not likely that the petitioner will be able to acquire additional property to have the lot conform with the M- 2 district regulations. The City Council is required per Section 211.04 of the subdivision code to acknowledge and approve the variance to the lot area requirement of the M-2, Heavy Industrial district regulations. This does not result in approval of other variances which may be required as a result of a development proposal. 9H � � � � .� � � � � � � � � � � � � ` � � 1 � � � � � � \ � � r� \ Q 1 V _- � _- ; -" -= j '=� _:;-: � __;- I = ( _ _ � _ :;Ni � ;� r � � ;;� ��,w I �;:- : I �o 0 I i� I �`o _ �� r � ,> ��'i � I' I ;� �: � � , i; o° _ I I i� ...F I I� p i ' - ' _ _ =�[ �_ �� ..a=_= _ - !+�=u i _�,qi � W.60.�S �'2bE r-----r----- i_- '----•-,•:i ..c.=..� t: I- ,i i �. i� i � 1= i_ 1;' I'_ ;?� I: � �; ;: ,� „ o��: r ' �' i. .o� - n�:. t: �� 1� I: Ir ?ii- - :�:_-- ..,, - � � �s2> >>� _ _ � � � '�:____ - — %1��S�NE'L...a ' i L`•o �� ;_ t � �_ F� =� I� ;; o� i° � ;:F�s __ i� >a ' a - _-_-_�.� .•: 9 °�• � � .� c�;, _- � � _ - c ' � F ..3=__ - -_ --- - - _ - �_-__ _-_"c=_ x�o�a 1 0 l � ., r , � � � . I I� i> � �s � ;: . '— I �, 1- I �� ------nr<--- - f i�= -- • I �a ; --_-- i � I �= _ �i - - _ - ^I -- . �.. _.__ -- - _t? _ ci __ = _:;T i __ `S._'._______"'_______________—______.___._._ 4 I . — — � _ � i _ +� � 9' � � � C'I�'Y OF FRIDI£�C � 6431 [IIdIVERSITY AVFR�1(JE N.E. FRIDLEY, I+IId 55432 ,, (612) 571-3450 •• n in � � - • � u u � �� : ■n.a PLAT APPZ.IC�►TI�1 I� PROPIIrPY IIV�DR1�iTIo�T - site plan required for subenittals; see attac�ied ��; 4000 B1ocY. oi East River Road, Fridl�y Le�gal description: see attached Iat 161ocJc Tract/Addition �ent Zonin,q; M-2 (heavy Square footage/acreage in us rial) R�ason for plat: approval of subdivision �.._..��..___....�..��.._��..__��_...._��.._�.._.r.......__��..._.._�...._.._..�.._..__......_..�..�__�_�__.._ F� O�Wt�tt II�DRI�TI�T (C�ontract P�: Fee Owriers irnast sign this form prior to prooessir�g) N�lME Giacier Park Company AD�.S 999 Third i�venue, Suite 4500 Sea r, ►• NI�ME same as above c � �,:7 � C. I� • � • 1 I ' s'i � 1 . � . pA� September ZJ , 1992 � 1, . �• � � • • �t Y ......................................................................�........................«............................,..........................,...,.........................................................«......�....... Fee:$500.00 for 20 lots ✓ $ 15.00 for each additional lot Permit P.S. # �2 -O� R�ecepit # ,_ � � :=-� Application i-eoeived by: /N� ��$.�a�.� � � Scheduled Planning Coammission date: � �'(� �l ;'� ) ( �' � ( � T;; � t; ` 1 , � Scheduled City ornmcil date: ��____�__��_�_�_.._________�________..�.,....________.._..__�____..__�..__�____.._�_�_..__ 9J �Hakanson Anderson Assoc., Inc. September 22, 1993 Michele McPherson Planning Department Fridley Municipal Center 6431 University Avenue NE Fridley, MN 55432 Re: Plat of DOWDS ADDITION Dear Ms. McPherson: 222 Monroe Street Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 This is to certify that the total area contained in the proposed DOWDS ADDITION is 69,064 square �eet. /. �� a.�-�� ,��% Ja s M. Winter, Land Surveyor Minnesota Lic. No. 12263 File: 2144.01 9K Engineers Landscape Architects Surveyors ROBERT A.GUZY BERNAFD E. STEFFEN RICHARD A. MFRRILL ROBF,RT G HYNFS KICHARD A. [3EENS RONALD[3.PETFRSON DARREf L A. JENSEN JEFFRFY S. JOHNSON RUSSELI_ H. CROWDER JON P. ERICKSON LAWRENCER.JOHNSON DAVID A. COSSI THOMASP.MALONE MICHAI.L F. HURLEY SHARON L. HALL TO: FROM: RE: DATE: Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 780-8500 FAX (612) 780-1777 M E M O R A N D U M Michele McPherson, Planning Assistant City of Fridley Gregg Herrick, Assistant City Attorney C�i City of Fridley Plat Request P.S. No. 92-07, Dowds Addition December 3, 1992 VIRGIL C. HERRICK HERMAN L. TALLH PA�tEL.A M. HARRIS CHARLES M. ti[YkCIRA \Y�'ILLIAbt \t. HANSEN DA\IEL t). GANTFR, JR. BE\%ERLl' K. (X)LX;E GREGG V. HERRICK JAD4ES D. HOEPT JOAN M. QUADE SCOTT M. LEPAK STEVEN L. MACKEY OF COUNSEL PETER BARNA In your November 16, 1992 memo you asked whether the city can place a stipulation on the approval of a plat indicating the lot created is unbuildable without a future variance. The parcel in question was apparently deeded from Burlington Northern Railroad Company to Glacier Park and then to the current owner who is seeking to plat the property. The property does not meet the minimum lot area requirements for the M-2 heavy industrial zoning district, and this is the reason for staff's recommendation for a restrictive covenant stating that the property is unbuildable without a further variance. In researching your request, T.have reviewed the city's subdivision ordinance. Chapter 211.04 specifically makes compliance with the zoning laws a prerequisite to subdivision approval. If the city is to approve this plat, a variance must be granted for the minimum lot area requirements. Chapter 211.05 sets forth the requirements for a variance to the subdivision ordinance. It is the opinion of our office that if a plat is approved in this case, a variance for the minimum lot area requirements in the M-2 heavy industrial district must be approved as well, and that a future variance to build on this property would not be required. An Equal C�� 9L� Em��loycr LAW OFFICES PETERSEN, TEWS � SQ�.IIRES PROFESSIONAL ASSOCIATION 4800 I DS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402-2208 TELEPHONE (Gl2) 344-IG00 FACSIMILE (GI2) 344-1650 November 10, 1992 Ms. Michele McPherson City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Re: Proposed Plat of Dowd's Addition Our File No. 2279-139 Dear Michele: Encl�sed is a copy of a License Agreement entered into between Great Northern Railroad Company and Standard Oil Company. This should clarify for you that the interest of Standard Oil Company across the property is in fact as a licensee and not by virtue of an easement. The Staff Report regarding the above-referenced plat indicates a utility easement existing on the lot. We have been unable to locate evidence of any such easemer.t and request that .you verify whether or not you have knowledge of any such easement. I understand from our telephone conversation that recommendation No. 2 in the report is to be changed to delete the requirement for combining the parcel and requiring a restrictive covenant stating that the lot is unbuildable without first obtaining a variance from the City. When you have determined the exact language to be used in this recommendation, please send me a cop�. Please let me know if you have any questions or comments regarding the issues I have raised in this letter. Thank you for your assistance. Very truly yours, PETERSEN, T�WS & SQUIRES PROFESSIONAL AS$OCIATION � �� . � � �� ane T. Willette �Legal Assistant JTW/kjb Enclosure cc: Mr. Larry LaCombe 9M l��p CO`tir '„ o �.. � ; . .. �..� `,.i�, ., M��'NES��P : October 23, 1992 COUNTY OF ANOKA Department of Highways Paul K. Ruud, Highway Engineer 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 Barbara Dacy City of Fridle� 6431 University Avenue NE Fridley, MN. 55432 P.E: P� elimir�ay P1at P.S. 92-07 Dowds Addition Dear Ms. Dacy: We have reviewed the Preliminary Plat of Dowds Addition, to be located east of CSAH 1(East River Road) within Section 34 (T30N, R24V� of the City of Fridley, and I offer the following comments: Right-of-way depicted on the plat adjacent to CSAH 1 should be acceptable for future reconstruction purposes (100 ii. east of centerline). If and when land uses and/or property accesses are requested to be changed from existing conditions, submission and approval of a site plan, as well as a permit for work within the county right-of-way, will be required. Thank you for the opportunity to comment. Feel free to contact me if you have any further questions. Sincerely, /� � ,�, � ,//, � Jane Pemble Traffic Engineer xc: xc: Skip Anderson, County Surveyor Roger Butler, Traffic Engineering Technician dmh/1DOWDS 9N Affirmative Action / F4-� :� Jpportunity Employer wp_C04 P �/'.. �1 .��t�,�� FAy=.i' p ��'�'NES�� April 13, 1992 Mr. Leon Madsen City of Fridley . 6431 University Ave. NE Fridley, MN 55432 RE: PZN 34-30�-24-42-0013 Dear�Mr. Madsen: COUNTY OF ANOKA DEPARTMENT OF PROPERTY TAX ADMINISTRATION Edward M. Treska, Property Tax Administrator COURTHOUSE • 325 EAST MAIN STREET • ANOKA, MN 55303 (612) 421-4760 -; �' :1.` _ `�:� ° The above referenced PIN was established to account for property contained within the Burlington Northern Railroad operating acres, that was being leased to James Dowd. In 1988 Burlington Northern sold part of their operating acres, including the portion that was being leased to James Dowd, to Glacier Park Company. Since Burlington Northern no longer owns the property, they can not be leasing it. I am enclosing a copy of the deed. This document was recorded March 26, 1990, but did not come to the Auditor's office. The existence of this document was brought to our attention in July, 1991 (see enclosed letter from Janet Zuber, Glacier Park Company). In doing the research for this document, I realized that it created a division of the Burlington Northern operating acres PIN 34=30-24-43-0014. Since the document did not have the city of Fridley's subdivision approval stamp, I informed Ms. Zuber that the stamp or a resolution from the city would be needed before we could make this transfer for tax purposes (see enclosed letter dated Aug. 29, 1991). I have spoken with Ms. Zuber twice since I sent her the letter. The last time I spoke with her, on March 31, 1992, she understood the problem and indicated that she was having Title Services pursue the division stamp. It is my understanding that Glacier Park is in the process of selling this property, so a resolution of the problem should be forthcoming soon. If you have any other questions regarding this matter or if you would like to be updated with the current status, please feel free to call me at 421-4760 ext. 1138. Sincerely, Jonell M. Sawyer Manager of Property Tax Services Affirmative Action / E 9O ortunity Empioyer FRIDLEY CITY COIINCIL MEETING OF DECEMBER 14 1992 PAGE 6 2. PUBLIC HEARING ON A PRELIMINARY PLAT RE UEST P.S. 92-07 DOWDS ADDITION. BY GLACIER PARK COMPANY TO REPLAT PROPERTY GENERALLY LOCATED AT THE 4000 BLOCK OF EAST RIVER ROAD� MOTION by Councilman Sc�neider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the�public hearing opened at 8:45 p.m. Ms. Dacy, Community DeveZopment Director, stated that this public hearing was continued from the November 20, 1992 Council meeting. She stated that the property is located on the east side of East River Road south of the intersection of 44th Avenue. She stated that the property is used by the Salvage Center for parking. Ms. Dacy stated that the main building of the auto recovery site is located to the south of this parcel. Ms. Dacy stated that the petitioner, Mr. Dowds, leased.the property from the Burlington Northern Railroad; hOwever, several years ago the railroad sold most of their holdings to�Glacier Park. She stated that _a deed was filed at the County, but the Auditor's Office noted that it did not have the appropriate subdivision stamp from the City. She stated that an auction was conducted for this property, and Mr. Dowds sought to purchase the parcel and is in the process of acquiring the property from Glacier Park. Ms. Dacy stated that the purpose of the preliminary plat is to eliminate the metes and bounds descriptio� and plat this into a separate lot. She stated that since the Planning Commission meeting, several events have.affected staff's recommendation. She stated that the property owner is concerned that the site may be affected by underground contamination from the railroad yards to the east. She stated that the petitioner would prefer not to combine the parcel with the property to the south in order to protect the existing mortgage and financing. She stated that this plat would make the lot area 2,500 square feet below the lot area requirements. She stated that the railroad thinks there may b2 additional property along the lot line to rectif}� the lot area problem. She stated that if that is the case, a variance would not be needed. Ms. Dacy stated that the parcel�is 100 feet at the north end, 145 feet at the south end, and the extra property is along the east lot� line between the existing parcel and the railroad line. She stated that the property is. fenced, but the location of the fence does not match with the lot line. She s.tated that the petitioner is working with the railroad to see if the additional property can be incorporated into the parce�l so a variance would not be needed. Ms. Dacy stated that to further complicate the matter, Mr. Dowds received a letter from the attorneys for Glacier Park stating that .. � FRIDLEY CITY COIINCIL MEETING OF DECEMBER 14 1992 PAGE 7 they are no longer working with them and that the company is dissolved. Ms. Dacy stated that the other issue is the park dedication fee. She stated that staff is recommending that if a building is 'constructed on the property, that the park fee be assessed at the time of the issuance of the building permit. Ms. Dacy stated that the advantage of platting the property simplifies the description and formaliy creates the parcel. She stated that the petitioner will have to work with the railroad to try and obtain additional property to be included in the plat. Councilwoman Jorgenson asked about the pollution problem. Mr. Dowds stated that there is a cul�ert under the property which serves as a drain for the Northtown railroad yard, and there are liquids flowing under.the property. He stated that something would probably have to be done about this problem. Mr. Dowds stated that what he was sold did not matph the legal description. He stated that he spent $30,000 for environmental studies to clean up his existing property. He stated that his title insurance company told him he had no platting problems. Mr. Herrick, City Attorney, asked if the culvert�flows into the Minneapolis Waterworks. Mr. Dowds stated that it is flowing�into the County ditch to the north and into the ground. Councilwoman Jorgenson asked Mr. Dowds if the vehicles are stored on an asphalt surface. Mr. Dowds stated that the parking lot area surface is crushed rock. He stated that they do not remove cars from the scene of an accident. He stated that they went through the Environmental Protection Agency, and they are exempt because the cars have been stored elsewhere before they receive them and go out whole to the buyer. No other persons in the audience spoke regarding,:�his preliminary plat. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a.voice vote, all voting aye, Mayor Nee declared the motion.carried unanimously and the public hearing closed at 9:02 p.m. The Council requested that staff check into this pollution problem. . � PLANNING COMMISSION MEETING, OCTOBER 28, 1992 PAGE 4 MOTION by Mr. Saba, seconded by Ms. Sherek, to recommend to City Council approval of Special Use Permit, SP #92-11, by C lar One, per Section 205.18.01.(C).(7) of the Fridley Cit ode, to allow radio transmitters and microwave towers, on ts 3-6, Block 7, Great Northern Industrial Center, gen ly located at 5330 Industrial Boulevard N.E., with the owing stipulation: l. The petitioner and ee owner shall execute a hold harmless agreem which releases the City from any liability as esult of granting the special use permit. IIPON A VOICE VO , ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION C IED IINANIMOUSLY. Ms. M�.P�ierson stated this item will go to City Council on November 9,�92. 2. PUBLIC HEARING:__ CONSIDERATION OF A PRELIMINARY PLAT P.S #92-07, DOWDS ADDITION BY GLACIER PARK COMPANY: To replat that part of the Northwest Quarter of the Southeast Quarter of Section 34, T-30, R-24, described as follows: Commencing at the intersection of the south line of Lot 36, Auditor's Subdivision No. 39, Anoka County, Minnesota, with the east right-of-way line of Anoka County State Aid Highway No. 1(also known as East River Road); thence northerly, along said east right-of-way line, a distance of 134.5 feet; thence easterly, parallel with said south line of Lot 36 a distance of 145.00 feet to the point of beginning of the land to be described; thence westerly, deflecting 180 degrees 00 minutes 00 seconds to the right, a distance of 145.00 feet; thence northerly, along said east right-of-way line of said highway, a distance of 580.00 feet; thence easterly at right angles a distance of 100.00 feet; thence southerly, parallel with said east right-of-way line of said highway, to the point of intersection with the northwesterly extension of the east line of the parcel described in �hat certain Correction Warranty Deed from Burlington Northern, Inc., and from the Minneapolis, Anoka, and Cuyuna Range Railroad Company to Dunkley Surfacing Company, Inc., dated July 3, 1973, filed in the office of the County Recorder, Anoka County, on July 18, 1973, and recorded in Book 1047 of Deeds, Page 396; thence southeasterly, along said northwesterly extension, to the point of beginning. This property is generally located at the 4000 block of East River Road N.E. MOTION by Ms. Modig, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING"OPEN AT 8:15 P.M. • • PLANNING COMMiSSION MEETING, OCTOBER 28, 1992 PAGE 5 Ms. McPherson stated this property is located off East River Road across from the Minneapolis Water Works and north of the Certified Auto Recovery Center. The property is zoned M-2, Heavy Industrial, as are the properties to the north, south, and east. Ms. McPherson stated the purpose of the plat is to actually create a parcel of land which was described and leased from Burlington Northern and the Minneapolis, Anoka, and Cuyuna Range Railroad Company to Dunkley Surfacing, Inc., in 1973. Subsequently, the parcel has been sold from Burlington Northern to its real estate subdivision, Glacier Park Company, and leased to James Dowds, owner of Certified Auto Recovery Center. Glacier Park would like to convey and sell this parcel for fee ownership to Mr. Dowds; however, the parcel legally does not exist as the City has not authorized a subdivision. Through the plat process, if the Council approves the plat, the lot will exist and it can then be conveyed to another property owner. Ms. McPherson stated the parcel does not meet the minimum lot area requirement for the M-2 district. The parcel does meet the minimum lot width requirements; however, there are several easements on the property which limit the property's buildability. Staff is recommending that a restrictive covenant be filed against the plat stating that the property is not buildable without a variance. Ms. McPherson stated the Anoka County Highway Department has reviewed the plat request. If additional access is required to East River Road, the County will require a formal request from any future property owner. Ms. McPherson stated staff recommends that the Planning Commission approve the special use permit request with three stipulations: 1. The petitioner shall pay a park dedication fee of $.023 per square foot ($1,445.58) prior to recording the plat at Anoka County. 2. The subject parcel shall be combined with the adjacent property to the south. A restrictive covenant shall be recorded against the lot which states that the lot is unbuildable on its own. 3. A formal request shall be made to Anoka County if another entrance to the parcel from East River Road is required. Ms. McPherson stated that regarding the first part of stipulation #2, Mr. Dowds has requested that the parcel not be combined with the adjacent property to the south, but he is agreeable to filing a restrictive covenant with regard to the variance. So, staff recommends the first sentence of stipulation #2 be deleted and that the second sentence be amended to read: "A restrictive covenant 9S PLANNING COMMISSION MEETING. OCTOBER 28, 1992 PAGE 6 shall be recorded against the lot which states that the lot is unbuildable without a variance.'! Ms. Dacy stated the reason Mr. Dowds is objecting to the combination is because he wants the property registered in a separate name because there may be some contamination on the property. He is concerned that his business not be included in� the chain of title, so he wants the property under separate owne�ship. At this time, she did not know the nature or extent of the contamination on the property. Staff is going to investigate for Mr. Dowds whether or not the combination could occur anyway, even though it is under another name but still related to the property owner to the south. Ms. Amy Platt stated she is an attorney representing Glacier Park Company. She stated the staff report explains the reasons why Glacier Park is seeking to plat this property. They want to sell the property to Mr. Dowds. Unfortunately, she could not shed any light on the contamination issue either. It was news to her. Mr. Betzold asked if there is any anticipated use for this property. � Ms. Platt stated they�are spZitting the property so they can sell it to Mr. Dowds. They are not splitting it for purposes of development or any other reason. It was sold as a separate parcel to Glacier Park Company several years ago and for some reason a subdivision was not required at that time. The parcel is effectively separate from the larger tax parcel. The reason for seeking to separate it now is because the City of Fridley is requiring it. Ms. Platt stated she was unaware of the easements on the property. Ms. McPherson stated it might be in the petitioner's best interest to research the location of the pipeline which could limit the buildability of the site. MOTTON by Mr. Sielaff, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:25 P.M. MOTION by Ms. Sherek, seconded by Ms. Modig, to recommend to City Council approval of Preliminary Plat, P.S. #92-07, Dowds Addition, by Glacier Park Company, to replat tha� pa�t of the Northwest Quarter of the Southeast Quarter of Section 34, T-30, R-24, described as follows: Commencing at the inte�sec.tion of the south line of Lot 36, Auditor's Subdivision No. 39; Anoka County, Minnesota, with the east right-of-way line of Anoka County State Aid Highway No. 1(also known as East River Road); thence 9T PLANNING COMMISSION MEETING, OCTOBER 28, 1992 PAGE 7 northerly, along said east right-of-way line, a distance of 134�.5 feet; thence easterly, parallel with said south line of Lot 36 a distance of 145.00 feet to the point of beginning of the land to be described; thence westerly, deflecting 180 degrees 00 minutes 00 seconds to the right, a distance of 145.00 �eet; thence northerly, along said east right-of-way line of said highway, a distance of 580.00 feet; thence easterly at right angles a distance of 100.00 feet; thence southerly, parallel with said east right- of-way line of said highway, to the point of intersection with the northwesterly extension of the east line of the parcel described in that certain Correction Warranty Deed from Burlington Northern, Inc., and from the Minneapolis, Anoka, and Cuyuna Range Railroad Company to Dunkley Surfacing Company, Inc., dated July 3, 1973, filed in the office of the County Recorder, Anoka County, on July 18, 1973, and recorded in Book 1047 of Deeds, Page 396; thence southeasterly, along said northwesterly extension, to the point of beginning. This property is generally located at the 4000 block of East River Road N.E., with the following stipulations: l. The petitioner shall pay a park dedication fee of $.023 per square foot ($1,445.58) prior to recording the plat at Anoka County. 2. A restrictive covenant shall be recorded against the-lot which states that the lot is unbuildable without a variance. 3. A formal request shall be made to Anoka County if another entrance to the parcel from East River Road is required. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. Ms. McPherson stated that on November 9, 1992, the City Council will establish a public hearing for November 23, 1992. 3. REVIEW OF WATER QUALITY ORDINANCES: * Chapter 208, "Erosion Control" * Chapter 205, "Zoning" amendment Ms. McPherson stated these are informat�.efi items. Ms. McPherson stated staff wan�ed o keep the Planning Commission informed as to the water qu ty ordinances which are in the process of being developed r adoption, hopeiully by the end of 1992 or beginning of 19 . Staff submitted these ordinances to the Environmental Qua ' y& Energy Commission for review on October 20, 1992. Staff i n the process of taking the comments from the EQE and making r isions to proposed Chapter 208. Staff wanted the Planning Com 'ssion to have an opportunity to review and make comments o oth these ordinances. 91J CITY OF FRIDLEY PLANNING COMMISSION MEETING, SBPTEMBER 22, 1993 _��__________________�_______��___�_��__�___-__________�______ CALL TO ORDER• Chairperson Newman called the September 22, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Dave Newman, Dean Saba, Diane Savage, Connie Modig, LeRoy Oquist Dave Kondrick, Brad Sielaff Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Marvin and Karen Just, 661 Cheryl Street N.E. APPROVAL OF SEPTEMBER 8. 1993, PLANNING COMMISSION MINUTES:_ MOTION by Mr. Saba, seconded by Mr. Oquist, to approve the September 8, 1993, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #93-15, BY MARVIN AND KAREN JUST: Per Section 205.24.04.D. of the Fridley City Code, to allow the construction of a three season porch addition in the CRP- 2(Flood Fringe) district, on Lots 13-15, Block W, Riverview Heights, generally located at 661 Cher�l Street N.E. MOTION by Mr. Saba, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is zoned R-1, Single Family Dwelling, as are all surrounding parcels. The petitioners are proposing to construct a 12 ft. by 14 ft. three season porch addition off the rear of the property. The original dwelling unit was constructed in 1962 prior to the adoption of the flood plain regulations which the City adopted in 1977. The flood plain regulations permit construction of accessory structures and habitable living space with special use permit approval by the � PLANNING COMMISSION ME�TING, SEPTEMBER 22, 1993 PAGE 2 City. For habitable structures or spaces, the ordinance requires that the first floor elevation be a minimum of one foot above the 100 year flood elevation. In this case, the first floor elevation needs to be 823.6 feet above sea level. Al1 materials used in the construction below that elevation must be floodproofed in accordance with the current building code regulations. Ms. McPherson stated the petitioners will be required to submit a elevation certificate which must be completed by a registered land surveyor which will verify that the first floor elevation is at 823.6 feet or higher. Ms. McPherson stated the addition as proposed does not adversely impact the lot coverage or the required setbacks. Staff recommends that the Planning Commission recommend approval of the special use permit request with three stipulations: . 1. A floor elevation of the addition shall be at 823.6 feet or greater. 2. The petitioner shall submit an elevation certificate completed by a registered land surveyor verifying the first floor elevation of the addition. 3. All materials below the regulatory elevation shall be floodproofed in accordance with current regulations. Mr. Oquist asked if staff knows what the first floor elevation is and where that would put the addition in relation to the existing house? Ms. McPherson stated staff does not have any records on the first floor of the dwelling unit. Mr. Newman asked what happens of the Commission recommends approval and then the City finds out later that the porch is quite a bit higher than the house. Does the Commission want to authorize construction of a porch that is built on stilts and is higher than the house? Ms. Dacy stated the City does have data on file of the elevations at certain points along Cheryl Street and Dover Street so there are some benchmarks. Based on previous experiences, �there� have not been any major problems with the elevations in this area. Mr. Newman stated that having been involved in sandbagging this residential area in 1969 when there was flooding and experiencing the floods this summer, it is his opinion that this area is not gaing to flood again if it did not flood this year. Is there much likelihood that this area will ever flood again in light of the work that has been done at the Coon Rapids Dam? 10A Y PLANNING COMMIS8ION MEETING SEPTEMBER 22 1993 PAGE 3 Ms. Dacy stated the Public Works Director, John Flora, is trying to convince the Army Corps of Engineers and the federal officials to re-evaluate the flood plain, but that will take a number of years to accomplish. Certainly, the improvements at Coon Rapids Dam have improved the possibility of maintaining the areas in there, so the potential for flooding is probably minimal. Unfortunately, as long as the Federal Emergency Management Agency maps are still enforced, the City has no choice but to enforce them. Ms. Karen Just stated that they have lived in their home for 16 years and have never had a drop of water in their basement. T,hey realiy do not consider their property to be in the flood plain. MOTION by Mr. Saba, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:46 P.M. MOTION by Ms. Savage, seconded by Ms. Modig, to recommend to City Council approval of special use permit, SP #93-15, by Marvin and Karen Just, per Section 205.24.04.D. of the Fridley City Code, to allow the construction of a three season porch addition in the CRP- 2(Flood Fringe) district, on Lots 13-15, Block W, Riverview Heights, generally located at 661 Cheryl Street N.E., with the following stipulations: 1. A floor elevation of the addition shall be at 823.6 feet or greater. 2. The petitioner shall submit an elevation certificate completed by a registered land surveyor verifying the first floor elevation of the addition. 3. All materials below the regulatory elevation shall be floodprooied in accordance with current regulations. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED. Ms. McPherson stated this item will go to the City Council on October 4, 1993. 2. RECEIVE AUGUST 9, 1993. PARKS & RECREATION COMMISSION MINUTES• MOTION by Mr. Oquist, seconded by Ms. Savage, to receive the August 9, 1993, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHATRPERSON NEWMAN DECLARED THE MOTION CARRIED. 1: PLANNING COMMISSION MEETING. SEPTEM�ER 22, 1993 PAGE 4 3. RECEIVE SEPTEMBER 9, 1993, HUMAN RESOURCES COMMISSION MINUTES• MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the September 9, 1993, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED. 4. RECEIVE SEPTEMBER 14 1993 APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Ms. Modig, to receive the September 14, 1993, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED. 5. OTHER BUSINESS: a. Tabled: Amortization of Gravel�Driveways MOTION by Mr. Saba, seconded by Ms. Modig, to remove this item from the table. DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED. Ms. Dacy sta.ted that at the last meeting, the Commission discussed this subject and asked staff to research four or five areas. Staff now has the results of that research. 5taff would like the Commission to continue discussion on this issue to see if the Commission is prepared to make a recommendation to the City Council. 1. Assessment - The Commission wanted to know that if the City adopted an ordinance that required grave� driveways to be paved, could the City do the work and assess the costs back to the property owners, the advantage being that the costs would be spread out over time, and the owners would not have to pay aI.l the costs immediately. Ms. Dacy stated the Commission members had received by mail a copy of the City Attorney's response to this issue. In his memo, Mr. Herrick said it is possible if, when the City adopts the ordinance, it finds a gravel driveway to be either a safety hazard, nuisance, or a hazardous condition. Mr. Herrick listed under a variety of statutes how the City could assess the property owners in terms of how many payments and what percentage rate. This is good news in terms of the property owners who might be affected by this ordinance. 10C PLANNING COMMISSION MEETING, SEPTEMBER 22. 1993 PAGE 5 2. Income information for the 350 properties that would be affected Ms. Dacy stated that Ms. McPherson worked with the Finance Department and determined that 15 out of the 350 households who have gravel driveways are eligible for the low income utility rate program. 3. Driveway definition, what constitutes a hard surface driveway? Ms. Dacy stated Mr. Barg called Columbia Heights, Crystal, and Roseville. These cities are very definitive. Concrete or asphalt are the only acceptable materials allowed by those cities. In the City of Fridley's code, it is defined as "concrete, blacktop, or other hard surface material approved by the City". 4. Financial assistance - Ms. Dacy stated she has not had an opportunity to discuss this directly with the HRA, but she did discuss this with Grant Fernelius, the Housing Coordinator. If a person who owned a gravel driveway applied for one of the HRA-sponsored grants or loans, paving the driveway would be an eligible expense under the program. The assessment option proposed by the City Attorney also helps the financial burden. The HRA would have to decide how to expend monies on this particular project. Staff identified two options: a. The HRA could choose only to assist the low income seniors (15 families) and pay for all the costs; or b. If there is the question of fairness, the HRA could develop a policy that paid for a portion of the costs for all the property owners. The estimated price tag for the first option is $20,000. If they assist everyone, the cost would be about $75,000. Ms. Dacy stated that it would be difficult for staff to recommend that the HRA pay that amount of money when they are scrounging for dollars to do other things that may have more of a public purpose than paving driveways. 10D PLANNING CO_MMISSION MEETING, SEPTEMBER 22, 1993 PAGE 6 Ms. Dacy stated there are two important questions the Commission must address: 1. Does the Commission want to pursue an ordinance amendment which would require property owners without hard surface parking areas to provide paved driveways? 2. If the answer to the above question is "yes", the following issues should be addressed: a. � c. What materials should be considered acceptable in meeting the hard surface requirement? How long should property owners have to pave driveways? Should additional time be granted for property owners with driveways in excess of 50 feet? Mr. Newman stated staff has done a very good job in�addressing the issues. Now the Commission has to address the first question: Do they want to have an ordinance that would require people with gravel driveways to hard surface those driveways? Mr. Saba stated he liked the idea �of requiring gravel driveways to be hard surfaced, but the definition of "hard surface" should be broadened somewhat. However, he would not want to require people to have hard surface driveways to accessory structures in the rear yard that are used for storage only and not for vehicle use. Mr. Oquist stated he has mixed emotions. He is in favor of hard surface driveways, but he is against the.hardship that it will put on some people. The Commission really needs to take that into consideration. Staff has determined that there are about 15 low income property owners who would be affected, but there are other people who are not necessarily low income who are living on the edge and are going to be affected as well. To force them to pay an average of.$1,000 for a hard surface driveway could be a real hardship. Mr. Oquist stated he believed they need to first define "hard surface". Brick and concrete pavers can look much better than asphalt. Ms. Modig stated that the eight reasons for hard surface driveways prepared by staff are very good, but she also has a problem with the cost they will be forcing people to pay for these driveways. There are a lot of people who are not 10E PLANNING COMMISSION MEETING, SEPTEMBER 22, 1993 PAGE 7 low income who are on the edge and another $1,000 is a lot of money. She did not know if the City has the right to dictate this kind of thing. It might be better to enforce the hard surface driveway requirement at the time of sale or when the property changes hands. She is not sure what to recommend. Ms. Savage stated she believed it is a good idea to require gravel driveways to be hard surfaced. When you live in a community, you have to conform to a lot of requirements for the general betterment of the community. She understood the concerns expressed by the other Commission members and the financial burden on the property owners, and the City should do anything it can to help ease that burden. One way is through some type of assistance. It is a fairly minimal amount of people in terms of the total population of Fridley. She also has no problem in giving people time to put in hard surface driveways, but she did think it is a good plan and is for the betterment of the City. Mr. Newman stated he is concerned about the financial impact on the property owners and also concerned that the $1,000 might better be used to enhance their properties in other ways. He could not help thinking that if they had a room full of property owners asking why the Commission was recommending an ordinance that would force them to blacktop their driveways and why the Commission feels this is an appropriate expenditure of $1,000, he would have a hard time justifying that. In some cases, that $1,000 could better be used to replace a new roof or put on a fresh coat of paint. Even though the hard surface driveways would have some aesthetic benefit, he would oppose an ordinance for the reasons he has stated. Ms. Modig stated it is rather unfair when this is not new construction. Many of these people have been living in their homes for many years without hard surface driveways, and many of them purchased these homes without hard surface driveways. She is not so concerned about the low income property owners, because they can get assistance through various programs. She is concerned about the people who do not meet the criteria for low income but are close to low income and the City is telling them they have a certain amount of time to conform to an ordinance that is basically visual. She would rather see this hard surface requiYement handled through the sale of the home or when a building permit is issued. Mr. Newman stated he was not sure if the City Attorney's memo addressed some type of assessment plan where property owners could pay for an improvement through an easy installment plan. Staff might want to explore this as it might be another avenue for those people who want to put in hard surface driveways. 10F PLANNING COMMISSION MEETING, SEPTEMBER 22, 1993 PAGE 8 Mr. Saba stated that the City sends out letters every year to those property owners who do not have hard surface driveways letting them know of the rates if they want to hard surface their driveways during City street projects. Maybe, this should be publicized more and promoted a little heavier. Maybe the City could follow up on these letters with a telephone call. Mr. Oquist stated there are some people who just do not care whether their driveway is hard surface or not. Ms. Dacy stated that is true, but staff could certainly advertise a little more. Mr. Newman asked the Commission if they wanted to recommend to City Council an ordinance amendment requiring property owners without hard surface parking areas to provide paved driveways. MOTION by Ms. �avage, seconded by Mr. Oquist, to recommend to City Council that the City retroactively require that all non- hard surface driveways become hard surface driveways. IIPON A VOICE VOTE, NEWMAN AND MODIG VOTING NAY, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED BY A VO'I'E OF 3-2. Mr. Newman stated the Commission must now address the other questions. They should also include th� question raised by Mr. Saba about whether or not to require a hard surface driveway to accessory structures in the rear yard and the issue of some type of assessment process. a. What materials should be considered acceptable in meeting the hard surface requirement? Mr. Oquist stated he believed the acceptable materials for hard surface should be cement, asphalt, brick, or concrete pavers. The Commission members agreed that the acceptable hard surface materials should be limited to cement, asphalt, brick, and concrete pavers. b. How long should property owners have to pave driveways? Mr. Saba suggested a requirement where a hard surface driveway must be installed whenever the house is sold or. the title transfers. Ms. Dacy stated the problem with the on-sale issue is it would mean another inspection requirement that staff would have to try to track, and there are 400-500 sales per year. 10G PLANNING COMMISSION MEETING, SEPTEMBER 22, 1993 PAGE 9 Ms. Dacy stated staff is going to be evaluating a truth-in- sale ordinance, and they could add a requirement for hard surface driveway at that time. Mr. Newman suggested that the City take the current ordinance which requires a hard surface driveway and file it against the 350 properties. Then, when the property owner sells his/her home, the buyer is going to know he/she has to conform to the ordinance and that a hard surface driveway is required. That will ensure, in some respects, an automatic enforcement, and the City can do the followup. It will be a lot cheaper than an inspection. Ms. Dacy stated that the problem is that each filing costs about $20 which would mean about $6,000 which is not in the budget. Mr. Newman stated the City might have some problems with amortization if subsequent buyers are not made aware of the hard surface requirement. He stated that $20 per filing or approximately $6,000 might be nothing compared to the cost of legal fees five years from now to enforce any amortization. Mr. Oquist stated the hard surface requirement is already in the ordinance. He suggested the hard surface requirement be contingent upon the following requirements, whichever comes first: (1) a time period such as five years (2) the sale of the property (3) when a permit is requested from the City such as a building permit or special use permit c. Should additional time be granted for property owners with driveways in excess of 50 feet? Mr. Oquist stated the whole idea is to clean up properties, so he would say "no" to this question. d. Should a hard surface driveway to accessory structures in the rear yard be required? Mr. Saba stated he would not want to see this requirement for accessory structures that are used for storage. Mr. Oquist stated that if a hard surface driveway to an acc�ssory structure in the rear yard is required, it can be handled with a stipulation on 'the special use permit. �OH PLANNING COMMISSION MEETING. SEPTEMBER 22, 1993 PAGE 10 e. Should there be some type of assessment process? Mr. Saba stated the City should make every effort to contact these property owners and encourage them to take advantage of the City's contractors for installing hard surface driveways. Mr. Oquist stated he believed there should be some type of assistance, not only for low income property owners, but also some type of assessment process where property owners can be assessed for the cost and pay it over a longer period of time. MOTION by Mr. Oquist, seconded by Mr. Saba, to summarize the consensus of the Planning Commission regarding the hard surface driveway requirement as follows: a. What materials should be considered acceptable in meeting the hard surface requirement? Concrete, bituminous, brick, concrete pavers b. How lonq `should property owners have to pave driveways? ' Whichever comes first: • Five years from the adoption of an ordinance; • When the property is sold; • When a permit is required from the City c. Should additional time be granted for property owners with driveways in excess of 50 feet? No d. Should a hard surface driveway to accessory structures in the rear yard be required? The City will exclude from this ordinance any secondary storage'facilities that are not used for vehicular storage. e. Should there be some type�of assessment process? The Commission encourages the City Council to make use of the special asse'ssment process for payment of this improvement and to make every effort to include this improvement with other improvements in City programs for rehabilitation or repair. 1 �� PLANNING COMMISSION MEETING SEPTEMBER 22 1993 PAGE 11 Mr. Newman stated he will vote against the motion because of the costs, not the least of which would be legal fees, in trying to enforce the hard surface driveway requirement. UPON A VOICE VOTE � ALL VOTING AYE � NEWMI�N AND MODIG VOTING NAY, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIBD BY A VOTE OF 3-2. ADJOURNMENT• MoTION by Mr. Saba, seconded by Ms. Modig, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the September 22, 1993, Planning Commission meeting adjourned at 8:55 p.m. Respectfully sub 'tted, � � ��. �Lyn � Saba Rec�ding Secretary 10J � �% Community Development Department � PLANNING DIVISION City of Fridley DATE: September 30, 1993 � . TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Rermit Request, SP #93-15, by Marvin and.Karen Just; 661 Cheryl Street N.E. The Planning Commission reviewed the special_use permit to allow construction of a three season porch additi.on in the CRP-2 (Flood Fringe) District. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. A floor elevation of the addition shall be at 823.6 feet or greater. � 2. The petitioner shall submit an elevation certificate completed. by a registered land surveyor verifying the first floor elevation of the addition. 3. All materials below the regulatory elevation shall be flood- proofed in accordance with current regulations. MM/ dn M-93-572 REQUEST Permit Number Applicant ' Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial I mplications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission AL1tr10P MM/dn STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date : September 22, 1993 City Council Date � October 4, 1993 SP ��93-15 Marvin and Karen Just To allow construction of a three season porch in the Flood Fringe District 661 Cheryl Street N.E. 8,800 square feet 19� lot coverage R-1, Single Family Dwelling Residential R-1, Single Family Dwelling Residential Six Cities Approal with stipulations Approval with stipulations � 10L � _�s � �� V \ s � s �� P SP ��93-1� Marvin & Karen Just � S //2 SEC. 3 C/TY OF / 31 �� '��►:��a��►� � �� - � ,� .� . � � � .�q��yr:r� �. ,� � M , i� ��;�� jj ., . ,� � � ` - F� . ��e��`� i� ;� , �� ,, - � � � �� -� ��m ` •�� ? � �. ��i��►� v`�� A�� : ►��° � � �A��W�� : .. �� J - �- � �-� ��._.�. ..��y �J�� . �� °�-� . o, � ��.��.�� r��. . �� ( I�` ` ° � � L 3 4 s P S _ Z ` F� ( C, " W'\ ,: S� � '6 ]: ii 7 . � T. - e ':� �^ .... 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' ��G � �'�"�' i " . ► � /%I , � � I,\ ' � ` �� ♦ / , � }i��,, �, !!� � � �� 1.1.',r`�� , '� � � . `� � i I � � _ -�: �� . �� % ':��t"1� �; �ii: ' ' ' ' • �:: ��•� �� '' " ••►�, � . r - , �� .- � �,,�.��5 �i ' u� �; ■ua� � - - �� , . . � i r1�r��' -� �', � ,—•� ' 0 F SP ��93-15 Marvin & Karen Just :�� ;, n.� ��. � �� `=~� �'' ,� �� .� ;� ; �� v � � . \ � � �;� ,; -� -� � � � �� \ 1 � `.,�• `. � � `� � 4i•� � � � � � � � � ,.:% � '` } •�: � ^ , J• z�z� � �� ; � • � IRONTON REET I�II , 6 R�1 3 p, �,; 2�'' i �, , � �W ` � , ;S G+ .. � T +t + z Q � - +� + 3 ` ' � � �► +'` ,q°D f Z Rti�''' � 4 a � . + s `I��.. . , �� ' .M +�' E . K �.,.� . Z + ' ^ ' � / -- � 4 3A � • � /'S` i99. � S � !/ 2 k E�v c�R. � ELY �� 9 � r� s # %'^\' W � � � � �` � ♦ a �, L18ERTY ST. � Z O �� ♦ _ � Q 2 � . � �� ( � LONGF LLOW ' \ � ,• � � .,� `. \ � ` � ' � � � � � z . . �� . ..� • • • . � . \ �` ; ��• ; •�� •�• 4 •• � � ♦ � I 14/ � v. `., �4 • �, �t • '�, ��.�'• � � �W' � .� i�! 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The request is for Lots 13, 14, and 15, Block W, Riverview Heights, the same being 661 Cheryl Street N.E. Site Located on the property is a single family dwelling unit with a detached two-car garage. The property is zoned R-1, Single Family Dwelling, as are all surrounding parcels. Analysis The original dwelling unit was constructed in 1962 prior to the adoption of the flood plain regulations. Flood plain regulations permit construction of habitable spaces with a special use permit. The flood plain regulations require that all habitable structures be a minimum of one foot above the 100 year flood elevation. The petitioners are proposing to construct a 12' x 14' three season porch off the rear of the dwelling unit. The first floor of the porch addition will need to meet the minimum elevation of 823.6 feet above sea level. All materials below that elevation will be required to be properly flood-proofed in accordance with current regulations. The petitioners will also be required to submit an elevation certificate verifying the first floor elevation of the porch. The porch as proposed does not adversely impact setback requirements or lot coverage of the property. Recommendation Staff recommends that the Planning Commission recommend approval of the request to the City Council, with the following stipulations: 1. A floor elevation of the addition shall be at 823.6 feet or greater. 2. The petitioner shall submit an elevation certificate completed by a registered land surveyor verifying the first floor elevation of the addition. 3. All materials below the regulatory elevation shall be flood- proofed in accordance with current regulations. Planning Commission Action The Planning Commission voted unanimously to recommend approval of 100 Staff Report SP #93-15, by Marvin and Karen Just Page 3 the request to the City Council. Citv Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. �OP SP 4� 93-15 �-:;; � Marvin & Karen Just..� _' _- _ �—/ ,-- -------._..._.._ -- _ _- -----__ � Plonnin9 , ►, : : .. . _ --. � , _-,.. 6875 -ti�9hnvr� sG5 v ' s�„��Ey;,�y ��„�,�,x��. TS';,�� EN G I ti'�fEE R 1 N G, i N C. �'�n�= fr dlunicipal SUnsef 4-6� �eerin9 E%l9'ineers � Survec1ors :er�tiFscate o,F su,rv�e� Fo r 4�'�� Tl� c m i� , �, � � ��.jz �N;� ��- - ;, _--- � , �✓ ' �`, ' '� ` E tC� ';,1, GARpG, ,, . J � � ,,� " _ o X ��, paopos' `�, � �l Y �\, � � l :� V�, . \/' , 'i EX�s �\; ` �, . .. _ �,,� ';, � poa�H ��, :tl. � � a •"% � li ��% 2'1 `•�€�`cr �� 9�. V � 1' t�� +�• 1 1 , : / �--\ . ' i �. � `�� l .�. 7 �% �. � : (t`.. �\� _ - �; 'h'� . . W_-;� ;� 1 � ` _ . ,f �; � . . 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Community Development Department PLANNING DIVISION City of Fridley DATE: September 30, 1993 /1_� �rd- TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #93-26, by Lindstrom Metric; 8101 Ashton Avenue N.E. The Appeals Commission reviewed the variance request at its September 28, 1993 meeting. The petitioner has requested that two variances be granted: 1) To reduce the rear yard setback from 25 feet to 15 feet, and 2) To allow construction of a loading dock in the front yard. The Appeals Commission voted unanimously to recommend approval of the request to the City Council. Staff recommends that the City Council concur with the Appeals Commission action. MM/dn M-93-574 � REQUEST i Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning � Present Land Use(sy 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 Environmentaf Considerations � RECOMMENDATION Staff Appeals Commission Planning Commission Author DM�I:ls S TAFF REP O RT Community Development Department Appeals Commission Date Septenber 28, 1993 Planning Commission Date City Council Date Octo�ber 4, 1993 V�AR #93-26 r,, ndstran Metric, Virgil Lindstrcen 7.b reduce the rear yard setback fran 25 feet to 15 feet and to allcra a loa.ding dock in the front yan�3 8101 Ashton Aveni.ae N�-1, Light Industrial Industrial NF-1, Lic�t Industrial, to the N& S; Residential to the W; M-2, Heavy Industrial, to the E Industrial to the N, S, & E; Park & Residential to the W S�x Cities Approval 11A :� ��_ � � , � � /� � OI �S'�� . ��I-:� ' • • �l.�i� T VAR 4�93-26 Lindstrom Metric - �� . � � � � ;,;� �;� � -. r . � .� `� � �� `� � � �g � �� . �` � �� J�� .+ j � � r' � � � '� � � � �r'' �" � �'*� c �`' � � - > �' ;� � �:� � � � { � 3 � .. � ,.� �� "',, ��' � � � � � �� r� �� ti� �� \ �� ^-�� • � � ,.� � � � �� ..� F'� "� � :,�" � � ��I� � � � � �� ; � � � � �� `� � � � � �� . � �� } ..r J V �. � t;, _ � � � . -^� ,-,. - '' � - - 4 (' :5 �� V a . �h,j � ( r�' �� J• n . .I � �`j ; !P $ G� , J r��j . � �� \ . 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' �,, � '+ • � ♦ � • � • � • • • • • • 7 \ � -� � • • • • • • • • • • • �, � � ..�`''0�� -- 1 ' A �'P• �� •.'l�r.'.� �r�da'.� �� -4 ,o�' ... . . . . . . -s - � 118 / � MAR- ZONING MA ►1'//. �� P ; 6 _ �> I i --_ .:'.°-- - r'�� r uQ. ,1 i y i4N /yj .r �� , - v ` '` � 1 ,` 1 � '` \1y � �- �, � � 9' \\ � �. \�� \� '' �� \ � Y `-v \ �� : . ,� , ..___._.... , ��. � � �� ' \ � � ` n� � Z -••. `o a - �r ;_ - � c�r � � VAR ��93-26 Lindstrom Metric �l ' � �� K. � =f' .{ � i • T/•e So�>n 30 n cf 1rS� �rE',: ,�f > c Yf 4 C�`>i. � �..i � ` �` rf s_ . i ____--"_'"'�.__—__—___ ` , N . . •. (i. ' � —z r------------CU •� 14 � i ��n 1 i, � �_ii � a ' .�� • , a...: a...._ ei �' •S ` a �;.r' ( . o> U ? lVi I � � '� j . ' ,.,� , . �h'�, � t •� e �,`y� _ � � . . . STR ET /A �..�N.Rf s�L '� � z ` _'''1° E !�'Y i `� t ',��DD! T/l i„� � a ��I� �: ;, ,:�.ry. • : . - - • � - • e _^--%C�' _ .F � _,�)ri `: _iC� ' �. .�� ';,,.. :� k ,l ; �� • RU �ti: �i J �' � i . : � • R ;%r� 4 tM) q . C ; �:. H �� — ;; !yJ' �� j r �. :�' F=- � � ✓ > , F� l�l � ' ,$),��M N')• �.,.�CIR�LE'�: l s�,.'�} � �Hf 't CJ ��--I - S: 'i " i ..�. - . ,t �` _ ..s� w a o � . :0�3 w�b. : '�� C��: << � I•'1;� M � �} u`n ELY \ �". ,.�V �sI rl,� t� `)�� I � � � � � � �j . �� • � ` � � .ii ♦ :1 � _ _____... — � � � / ' �� . 11� � - ��\\� '��■� ��`�m��i�� "� u ��►��r�� '� �� g�� .,� �� - . :��►�■.� �� : �:�� i�� i��. _ � � �� i�� `�� :�� . � �� - .� � 11c LOCATtON MAP � °: �- Staff Report VAR #93-26, 8Z01 Ashton Avenue, Lindstrom Metric, Inc. Page 1 A. STATED HARDSHIP: None stated. B. ADMINISTI2ATIVE STAFF REVIEW: Request The petitioner requests that a variance be granted to reduce the rear yard setback from 25 feet to 15 feet and to allow a loading dock in the front yard. The request is for Lindstrom Metric, Inc., located at 8101 Ashton Avenue N.E. Site Located on the property is a single story manufacturing facility. The property is zoned M-1, Light Industrial. There is additional M-1, Light Industrial zoning, to the north and south. There is M-2, Heavy Industrial zoning, to the east. There is R-1, Single Family zoning, to the west. Analysis History The property was granted a variance in 1977 to reduce the rear yard setback from 25 feet to 15 feet and to reduce the front yard setback from 100 feet to 83 feet. The City Council approved the variance as requested with several stipulations. At the time the variances were granted, the property was owned by Berkeley.Pump. The current owner proposes to construct a 10,000 square foot addition on property. The petitioner is proposing to follow the existing line of encroachment of the variance granted in 1977. Staff reviewed the issue with the City Attorney who determined that because the City Council did not consider a plan with a proposed expansion in 1977, a new variance request by the petitioner is required. Rear Yard setback Section 205.17.03.D.(3) of the Fridley Zoning Code requires a rear yard depth of not less than 25 feet, with an additional one foot of rear yard depth for each four feet of building height over 35 feet. 11D �; _ Staff Report VAR #93-26, 8101 Ashton Avenue, Lindstrom Metric, Inc. Page 2 Public purpose served by this requirement is to provide adequate open space around industrial structures for aesthetic and fire-fighting purposes. As stated earlier, a variance was granted in 1977 to reduce the rear yard setback from 25 feet to 15 feet. The petitioner is proposing to construct a new addition along the same encroachment line. Reduction of the rear yard setback does not adversely impact adjacent properties as the property to the east is also zoned industrial and is a part of the Park Construction facility. In addition, the Burlington Northern Railroad tracks act as a buffer between the two industrial properties. Loading Dock Section 205.17.OS.D.(6).(a) of the Fridley Zoning Code requires outside loading docks to be located in the rear or side yard and be properly screened. Public purpose served by this requirement is to limit loading activities in the rear and side yard in order to reduce traffic conflicts and ae�sthetic impacts. The petitioner currently has an overhead door facing Ashton Avenue on the existing building with an inside dock. The petitioner is proposing to add a second dock as part of the proposed addition. This dock would be an at-grade dock and would also be located facing Ashton Avenue. In 1991, the City Council granted a loading dock in the front yard at 7880 are no records in the files regarding a the existing loading dock which faces loading docks as located do not pose a industrial area in this neighborhood compared to other industrial areas. attempted- to limit traffic to 79th and increasing the landscaping at the edge loading dock will be partially screened Appeals�Commission Action variance to allow a Beech Street. There variance request for Ashton Avenue. The traffic hazard. The is relatively small The petitioner has Ashton Avenues. By of the driveway, the from view. The Appeals Commission voted unanimously to recommend approval �of the request to the City Councile 11E Staff Report VAR #93-26, 8101 Ashton Avenue, Lindstrom Metric, Inc. Page 3 Staff Update The neighborhood requested information regarding Ashton Avenue and the lot coverage of the subject parcel. Ashton Avenue is designated as a Minnesota State Aid street and is constructed as a nine ton street. The property is 97,926 square feet. The total building area with the addition is 33, 581 square feet. The lot coverage is 34.3�. Therefore, the property complies with the lot coveraqe requirements. City Council Recommendation Staff recommends that the City council concur with the Appeals Commission action. 11F ,. ; _ ..... _. _. - - v , c� � � 3 wS '• v � —2q� �n� � r � G VAR 4�93-26 � Lindstrom Metric s" \ 1 � • y ' 1 �; �S � 1.�� STGRY C�N^RETE�1 ' V�`i n!}�� LOCK BuI�D�NG',i.� � -� N N ,, �� , ✓ ��.: � � , �,� y,j �� '�� Q �� '' �'�� ; �� ) .� at` �) � ��C�� V � a �� Lof 1, B/OCIC I� ARNAC ADDIT�ON ondPOr�s o� Lots �, 2, 3, 4 ond5, Bloc,� 13, Sp� ond p�r1` ol voco f ee� ol/ey l�n�¢ befw�n sa�d �9mo/ i4d�ifio� anc� S'prrny! i in Ar�oka C'oun>`y � N%ini7PS'o�a S'u6J P�� fo �osPmenfs E�'�e%�q� � i� or�y. This is o true and correct �epresen�otion of a su�vey of the boundaries of the lane (ocation of all buildings� if o�y� thereon� ond al) visible ent►oochmenfs� if any� from o� made onlr in connettion with a mo�tgoge Ioa� now beinc olated on the �.�.,o.+.. ...._ 11 G $ITE PLAN CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan re uired for submittal; see attached Address: �l � � � (�l _ �TU Yl 7 ! V t.- / V � ' � �. �� Property Identifica Legal description: Lot Block Tract/Addition Current zoning: �,`" Square footage/acreage Reason for variance and hardship: 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) (Cont�act Purchasers: Fee Owners m sign this form rior to processing) NAME ��r.�„ � '�L-�%�"'� /�%��3�//`.' 1�1f%f ADDRESS %� .� . SIGNATURE /, ` PETITIONER� INFORMATION NAME ADDRESS SIGNATURE DAYTIME PHONE � DATE YTIME PHONE DATE � Fee:�$100.00�G�v�N $ 60.00�� for residential propertiesN�NN��N�NN�NNI Permit VAR # �� .-� j� Receipt # Application received by: Scheduled Appeals Commission date: Scheduled City Council date: 11H PIIBLIC BEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, September 28, 1993, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #93-26, by Lindstrom Metric, Inc.: Per Section 205.17.03.D.(3) of the Fridley Zoning Code, to reduce the rear yard setback from 25 feet to 15 feet; Per Section 205.17.05.D.(6).(a) of the Fridley Zoning Code, to allow an outside loading dock in the front yard; To allow the construction of a building expansion on Lot l, Block 1, Arnal Addition, the same being 8101 Ashton Avenue N.E., Fridley, Minnesota, 55432. - Any.and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 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 September 21, 1993. 111 � � MEMO T0: Ptasim M. C�ureshi , Ci ty P�tanager �1EM0 FRO��: R:cha.rd N. Sobiech, Pubiic 4;orks Director DATE: March 18, 1977 �!� r jh� ...:' �� , -. / / ��ti �-! SUBJECT: Setback Variance Request - Qerkeley Pump; 8101 Ashton Avenue NE The Administration has revie�•red the refErenced variance requesi and discussed the proposed developr�ent with the petit9oner, Berke7ey Pump. - The situation as presently exists with industrial properties across the street from a m�!nicipal park and residential property is not the most desirable of conditions. Conflict wiil exist betvreen the industrial traffic, the paric users and the resicients. In this particular situa�ion�; �tlie� R'dministration feels there is a kno��rn factor that should be considered. 8erkeley Pur�p is an existi�g indus- trial property and there is experience with the amount of industrial traffic flow �vhich will be present d��e to the Berkeley Pump operation. The Qerkeley Pump operation wiii require fron� 5-8 tractor-trailer type vehic7es per d�y at its peak period. Another industrial user following all of the zoning codes could have a much greater traffic flow. With the above traffic concern, discussions with the petitioner led to agreement on the fol l o��!i ng s �i pul ati ons t�vhi ch woul d be conti r�gent on an approvai of the requES�cd variance: 1} Four foot cyclone fencing to be installe� on the park property acress frcm the 8erkeley Pump site tr;e ]ength of the industrial site (325± feet). 2) The buildir�g would be set back 83 fe2t from the Ashton Avenue right of way line instead of the requested 73 feet.(This would necessitate the approval of a rear yard variance i�rom 25 i�eet to 15 reet)o 3) Landscaping and berming ��ill be ins�;alled with the new building constructiono 4) The building ��ri11 be construc±ed with a sprinkler system f�r add�i.;ional fire prote�tion. 5) A 1 ativn spri nkl i ng syste�n �,ri 11 be i nstal 1 ed i n order to provi de a hi qi� 1 evel of mai ntenance �o��• t}�e i andscaped areas. 6) Any outsi de storage .•:�c�� i �a ue 1�� i r�� to Li;e A:<i s �; i�g s�:arage area ��ri t}� the unde�•standi,�g �criat an�,� s �oi�age ��roul d be for a tempor- ar,y period o��ly, and� �vould nat extend I�igher �har the existing screening fcnce. . , �.,,. - ,. . . - ; ;.f-: . , :� ;: :... i,.,. .� .,- '.. ,.. 7) The ultima±e striicture covera.ge o� the lot for development purposes would be limited to 35% oi� ti�e lot area. .f .f� ��> f,,.. ..e_�� 3/Z��7 � _ � , �: . , , � 1 � � , : J � f� • .- �',* _ •_� _,� ,1, ,_�. �, , , , � ;.= �_ is � � i+l�rno to: N. Qureshi r2= 3/18/77 • Rc: e�rk�ley Pump 'lar-iance �) 1� is understcod that the two structures which will be part 9f �t�� Bprkeley +'ump operation will remain under one ownership �� if i:n ihe f�ture it is intended to sell part of the pro- �er�ty, �the property owner wi�l appear before Council for review ��nd approval to ensure separation of the properties is completed �� o�rpli_«r.ce with City zoning codes. ,�npiher �onsideration is the fact that pr�or to the City's acquisition of the -- �roperty for Ruih Circle Park, industrial zor�ing er.isted on the property west of ,�X\shton Avenu�. Nad the City not acquired this property and rezoned it to "P" ((P.ub3ic Zoning), Berkeley t�o�ld not be required to set back its building 100 ;f�ef:.. �n a�quiring, and there.by rPZOning the property wesi of Qerkeley's pro- �p�rty, thp �i�y in effect reduced the use -that Berkeley could make af its prod �p�.�:rty.. $erkeley was not compensated for tihis reduction in the use of the �p:roperi;y.. Nad Berkel ey asked the Ci ty ��er a guarantee of a wai ver of th� 1t�0 • ��ot setback requirement in liQ� vf compensation for the diminished lan� use at �t�he time the Ci t,}� a�qui red the -par:k land., i t i s very 1 i kely that -ihe Counci 1 �w�u�ld have agree� to a waiver fior future expansion. �fhe .una �ue �haractEristic :of :this property is the fact that the City rezoned tt�h� property adjacerrt thereto and �thus r_educed the use �hat the owner could make m� hi:s :property. l�l'It�. '�i?� �.I70YE .LI1_S_C.U.SS�1p11 �lt �s �r,ecommended that the following variances be ,��p�"oL�.ed ��r�� ;,ngeni u�p�n -ih� st�i�p�:� ati cns �noted above: 1) �t2du��i�n of the required 100 foot setback requirement ��here �rr;ap�rty a s;adj:ac�en_t �.o ;a .di fferent zoni ng di stri ct to 83 fe�t. �`) :R�duet'i_on o� the required 25 foot rear yat°d setback to 1:�5 �f��t.. �Kf�S/ jm . ��: Vir�i1 Herri,ck, C-i��:y Attorney 6'�_��,�-�..� � �.1 �,-.� :h1r.. Sn�_ad., ,BerE;el ey Pump � r �. . _. � 11K r ,' � � � � �l t3 � REGULAR (�IEETIPlG i1F idARCN 7, 1977 IJFW BU�I(dFSS: F'F1GE 3 RECEIVING THE t�i1�UTES Of T!i[ PLANtJINC, �ChiPiISSION ^tEFTIMG OF F�RRUARY 23, 1977: t�10TI0N by Councilman Schneider Lo receiv� the minutes of the P1ar�nin9 Comm�ss;on h?eeti�ig of February 23, 1977. Seconded by Councilwoman Kuko�aski. Upon a voice vote, all voting aye, 1•iayor Nee decla�ed the moLion carried uranimously. A[3LF WELCIP;G,_INC., L.S. �77-01; 7860 MkIN STREET: h1r. Dick Sobiech, Public l�lorks Director, exrlained this request from Aole k�elding, 7360 Main Street, for a �ot spiit to s�lit the south five feet of Lot 7, Block l, Onaway Addition and add it to Lot 8, 61ock 1, Onav�ay Addition. The purpose of this iot split is to prcvide additional parking needed at 784D Main Street (Creative Gears). I�ir. Sobiech stated the Planr,ir.g Con�mission recomnended approval, subject to the filing of the appropriate easements and agr°eements regarding jo�int ingress and egress on the parking facilities. MOTIUN by Councilrnaii Hamernik to concu�• viith the recommendat�on of the Planning Commission ard approve Lot Split ,'-'77-01 with the stipulation that the agreeieFV�t on the common uai°kir,g arrangement and related easemeni; documents be obtained. Seconded by Councilwoman t:ukowski. Upon a•roice vote, all voting aye, May�r Nee declared the motion cari•?ed unanimously. APPEALS COMi•�I�STO'`' PfIl,UTES OF FEQRUARY 1,, 1977: The Council re�eived tr�e minutes of the Ap�eals Comniission of Febr�ary 75, 1977 and cons:d�re� the fo;lot�ing item: QEFiKFLEY PUiiP COF1PAfJY, iEl ELY STREET: Mr. Sobiech, Public l�!orks Dii•ector, ex�lain�d this reyuest firom Berkeley Pump Com;�any for a variance to reduce the setback requirc�rent from 100 to 73 r"eet for construction of an addition. The Appeals Co!rmission recar�nended a�pro��al i�;; th the stipu;ation that co�°respone�ence be received from the utility com�anies regartiing encroachment of ti�eir easements. Mr. Snead, r�epreserting Berkeley Pump, appeai�ed before the Council regarding tnis request for a variance and indica.ted he had th� letters from the utility companies indicating they had no objections. Cou>>cilman Fitzpatricl; stated he ��as cnncerned ti•;ith the truck traffic and felt by �.lio:•�ing ih�s var°iance, it ��ould n;c�<.r+ e;:pai�sio:� oi' tnc l�i�siness anri greaLAr traffic. He questioned the pu��pose of the anc_,1ed ;�;all instead of a straight lV3j�. lir. Snead felt to �ollot�r the curvature ofi '�lie road a:ould 'oe more aesthetically ple:uiny and mo;•e pr�ctir.al .*.o tl�em. Councilriian r=itzpat�•ick felt a hardsiiip hUd n��i. been der�or;si:rated and felt the addition could be built so the va;�iance �ro:ild nol be necessar-y. COUIICi�W�ll!?tl i:U{:OLlSr:l S1.3tc(j ��1° ll�dil Clid!l'.)c^.� f�l%` �Odlil(iCJ dl"t�d dnd iC]� nS IOt:Cil tra�fic as �;�ussible should a� �lir:�inated b.�cai�se of the p�ark. P•9r. Snead e�timai:ed there �•�culd be, on the a•,�r..rae;e, of three to sir, trucl;s a da,y mal:ing pickups and celiveries at their husiness. 1•1Q?IOPt by Council�„an F;tzpatrick tn d�°_��y tiic varianc� for P.ci�l;el�y �ump Con!pany an ti�e basis of a lacl; of a demunstrated hardsf�ip. i•iotion faileci for lack of u second. Councilm�n Na�nernil: felt the variance i•�ould net increase the traffic and by the na Y.ure of the zoni ng i n thi s area , there �,�oul d be trucl; tr•af f i c. 11L : � ��: �°} .7y�K' f . : i �: ��;. � I REGULAR P1[ETING OF MARCH 7, 1977 PAGE 4 f' � r� . .'. � � Several members of ihe Council did not feel there was a hardship in this case for granting the variance. Mr. Snead stated the hardship, as far as their Company, titi�ould be Lhe problems of moving if they could not expand. MOTIOf� by Councilman Fitzpatrick to continue this item to the agenda of March 21, 1977 tor purposes of investigating the possibility of bringing the traffic off Ely Street and Staff to review the plans ��rith Berkeley Punip to detennine if the addition cauld be constructed so that a variance riould not be needed. Seconded by Councilwoman Kuko�aski. Upon a voice vote, all voting aYe, Diayor Nee declared the motion carried unanimously. ROVAL OF AGREEhiE14T FOR LEGAL S[RVICES (3ETldE[W CITY OF FRIDLEY A�•!D St•1ITH,-JUSTER, �Gn�n ru�nT��—� �,–�..–r-. ..--• -- --- ------- MOTION by Councilman Fitzpatrick to autho�-ize the �iayor and City Ptanage�, to enter into th?s agreement. Seconded by Councilman Hamernik. Upon a voice �rote, all voting aye, hlayor Nee declared the motion carried unanimously. APPROVAL OF AGREEt�1ENT fOR LEGAL SERVICES [3ETt•JEEPJ C1TY OF FRIDLEY AhID tJEAVER, TALLE & HERRICY. IAI�t Fiani Fna rr-rv IITT/1D�.�CV ��,,,,,,,,,,, ,,,, ,,,,,,,.. .. . MOTION by Councili��oman Y.uko��aski to autho;-ize the htayor and City Pianager to enCer into this agreement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, t�ayor tdee declared the motion carried unanimously. CtAI h1S : � 1�10TION by Councilman Hamernik to authorize payment of Claims No. 295 througii A00. , Seconded by Councilwoman l:ukowski. Upon a voice vote, all voting aye, h1ayoi� Nee declared the mot4an carried unanimously. LIC[NSES: ihe Sunday liquor license for• the VFIJ �vas removed from the list of license applications. !•layor tJee stated that the liquar license for Sandee's requires a public hearing, tf;erefore, action should not be taken onthe license at this time. MOTION by Councilman Schneider to approve the licenses e.s on file in the License Clerk's office, ti•�ith the exception of the liouor license for Sandee's. Seconded by Councilraan Hamernik. Upon a voice vote, all voting aye, htayor Nee declared tne moticn carried unanimously. ESTI�IATES: Smith, Jc�stet,, Feikema, Chartered Suite 1?_50 , Guilders Fxchange 3uildin5 Ninneapolis, t•1N. ;5402 For Legal Services Render�ed as P�°osecuto�° for Febt-uary, 1977 Weave��, Talle & Herrick 316 East hiain Street Anoka, AtiV. 55303 For Legal Services Rendered as City /lttorn�y for Februat'Y, 1977 ' �1,398.75 $1,537.99 hi0T10N by Councilwoman Y,ul;o�vski to appro��e the estimates as subma-tted. Seconded by C9Ut1C1�Ntdil Scnneider. Upon a voice vote, all voting aye, Piayor�hee declared the motion carried unanimously. 11M � � �� t, i � ! PUBLIC HEARING MEETING OF MARCH 14, 1977 2R1 , - - � PAGE 3 . to the residents. He also felt the exception regarding the cul-de-sac would not affect the safety of the development. He pointed out, however, the storm sewer assessments are unchanged with this proposal. Councilman Schneider indicated he would move the adoption of the resolution for Alternate �2 submitted this evening, which is the deletion of Lakeside Road. M07ION by Councilman Schneider to adopt Resolution No. 26-1977 using Alternate Assess- ment Roll �2 (deleting Lakeside Road). Seconded by Councilwanan Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF VARIANCE REQUEST - BERKELEY PUMP Councilvroman Kukowski stated she has brought this matter back before the Council for their consideration, as she has met with the petitioner, and felt they had a proposal which may be acceptable to the Council and �aould include the recomnendation of the Planning Commission. She stated Berkeiey Pump would be agreeable to fencing a portion of Ashton Avenue N.E. that is acress from their proposed building. This would offer protection for persons in the park, as they would not have access onto Ashton Avenue. She further stated she contacted Industrial Spray, located north of Berkeley Pump, and they would be interested in extending the fencing. She felt this proposal would eliminate the main traffic problem. Councilman Fitzpatrick felt by granting this variance, it would set a precedent. He felt this area was meant for limited industrial, but to grant the variance would enlarge the business and encourage a heavier industrial use which the area could not sustain. He felt a hardship fiad not been d�nonstrated. Mr. Snead of Berkeley Pump indicated he has also r�et with the City staff and the purpose of the addition is to have an efficient and functional building for their needs and they could not accomplish this, i` the plans were changed. Mr. Snead ind�cated they would be willi�g te pre�ide the fencing as outiined by Councilwoman Kukow,ki. He further stated they could use 40q of their lot, without requesting a variance, but the shape of the building they would end up with would not be practical for their operation. The City Attorney, Mr. Herrick, requested the Council not take action on the variance this evening, but to table until next week as he �•+ould like the opportunity to meet with staff and obtain additional facts and information as to whether or not there is a legal problem. MOTION by Councilman Fitzpatrick to table this variance request from Berkeley Pump to the next meeting on March 21, 1977 for a recommendation from the City staff. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATIOP! OF A", ORDINANCE ESTABIISHING C4APTER 505 OF THE FRIOLEY CITY COOE ENTITLED "BICYCLE REGULATIONS" AND REPEALIN� THE PRESENT CHAPTER 505 ENTITLED "BICYCLE R[GISTRATIO�J" IN ITS EiJTIRETY: htayor Nee requested under Section 505.06 a statement be added to the effect that the City mal;e a reasonable effort to locate the e�arters of the licensed vehicles before they are sold at public auction. Councilman Schneider felt the impounding fees shouid be changed, especially the amount charged for additional days of storage and perhaps there should be a limit on the total amount. Under Section 505.08, 9t was suggested clarification of bikeway/walkway paths, and possibly the work "routes" should be used. "�ecessary changes in these �articular sections wil] be made and contained in the ordinance when presented for second reading. MOTIOPd by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared �he motion carried unanimously. 11N � i I � t 2R� PUBLIC HEARING NEETING OF MARCH 14, 1977 � Page 4 { , CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIOP�S: MOTION by Councilman Fitzpatrick to receive the letter of resignation from Mr. Bill Forster from the Comnunity Development Comnission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, tdayor Nee declared the motion carried unanimously. Mayor Nee opened the nominations for appointments to the Planning Commission and Cortmunity Oevelopment Comnissior. MOTION by Councilman Hamernik to nominate Mr. Nerman Bergman, 5503 Regis Trail N.E., for re-appointment. Seconded by Counciiwoman Kukowski. MOTION by Councilman Schneider to approve the re-appointment of Mr. Herman.Bergman. Seconded by Councilman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousl,y. MOTION by Councilman Hamernik to nominate hir. Charles Gooder, 7363 Memory Lane N.E., for re-appointment_ Seco�ded by Councilman Sthneider. MOTION by Councilwoman Kukohski to cast a white ballot for re-appointment of Nr. Charles Gooder. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, r�ayor Nee declared the motion carried unanimously. MOTION by Councilman.Fitzpatrick to nominate Mr. Alfred Gable, 5947 ZZ Street N.E., to fill the unexpired term of Mr. William Forster. Seconded by Councilwoman Kukoa�ski. MOTION by Councilman Hamernik to nominate P4r. Donald Pullen, 6899 Madison Street N.E., Motion faiied for lack of a second. � MOTION by Councilman Fitzpatrick to cast a white ballot for appointment of ��r. Alfred � Gable. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carried unanirncus�y. � Nominations were opened by Mayor tvee for appointments to the Parks and Recreaiion . Commission. MOTION by Counciiman Schneider to nominate Ms. Bett� Mech, 1315 66th Avenue N.E. Seconded by Councilwoman Kuko�aski. P10TION by Councilman Hamernik to nominate Mr. Dave Harris, 470 Rice Creek Blvd. Motion failed for lack of a second. MOTION by Courcil4�oman Kukowski to nominate Ms. Robin Suhrbier, 5564 East Danube_ Seconded by Councilman Schneider. MOTION by Councilman Y,uko�vski to nominate Ms. Barbara Reiland, 6068 Woody Lane. Seconded by Council�nan Fitzpatrick. MOTION by Council Kukowski �o nominate Sharon Qakke, 59 Rice Creek Way. Seconded by Councilman Fitzpatrick_ MOTION Ey Councilwor.�an Kukowski to nominate Mr. Tom Nehring, 291 67th Avenue N.E. Seconded by Councilman Fitzpatrick. �O7ION by Councilwoman Kukowski to noniinate Mr_ Clayton Storley, 414 Rice Creek Terrace. Seconded by Councilman Hamernik. MO7ION by Councilman Fitzpatrick to nominate tdr. �arry Dobson, 1b36 6°th Avenue N.E. Seconded by Councilt•roman Kukowski. There being no further nominations, Mayor Nee declared the nominatio�s closed. The Councilmembers reviewed the qualifications of the persons they had nominated. The Council then cast their ballots for ±he candidates and h1s. ftetty Mech, 1315 661h A�-enue N.E. received the majority of votes and was appointed to the Parks and Recreation Commission. 110 m �� . �. THE htINUT[S OF "fHE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 21, 1977 - � L"`_ - i . t., ; The Regular Meeting of the Fridley City Council of March 21, 1977 was called to order at 7:38 P.M. by Mayor Nee. ' PLFDGE OF ALLEGIANCE: Niayor Nee led the Council and audience in the °ledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESE��T: Mayor Nee, Councilman Fitz�atrick, Councilman Hamernik, Councilman Schneider, and Ccuncilwor�an hukowski. MEMQERS ABSENT: None APFROVAL QF MINUTES: PUBLIC HE;,RING MEETING OF FEBRUARY 14, 1977; MOTIOfV by Counciisvoman Kuko��rsk� te appi°ove the minutes as presented. Seconded by Counci]man Hamernik. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. RE6UlAR MEETING OF FEBRUARY 28, 1977: MQTION by Counci7man Hamernik to approve the minutes as presented. Seconded by Counr_ilma.n Schneider. Upon a voice vote, all voting aye, "!ayar P;ee declared th� motion carried unanim�usiy. REGU�AR MEETIid`u Of MARCH 7, 19?%: � P10T10N by Counciln�an Fitzpatrick to approve the minutes as presented, with the stipulation that the tape for this meeting be preserved. Seconded by Counc;lwoman Kukowsk�. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. ADOPTIOtti OF AGENDA: � i j'� T '1 v Mayor Nee reques�ed an �tem be added, "Consideration of a Request From the Sprinybrcok ldat�n°e Foundation Regardin9 City �4ailing." Councilaiomun Y.uko�vski requested an item, "Discass�on of the Teen Center" be added. M�TION by Councilrian Schneider to adopt the agenda as amended. Secorded by Cou�ciii�or�an Kukotivski. Upan a voice vote, all voting aye, Mayor Nee declared the r.iotion carrieu unanimously. OP[i� FORU��I, VTSITOP.S: There was no r�esponse fronl the audience on this item. OLD QUSIPJE�S: CU(;SIDERAT?ON 0� A.PPRCVA� OF A VARIAPlCE RFQUEST BY BERM,EIEY PUMi�, lEl cLY STREET hl.F. �TA3LED 3/ 7/ � � ) : ------ -- --- ------------ Mr. Qureshi, City htanager, outlined eight reconanendations t•�hich t;�e Staff felt minimized some of the concerns ex��ressed by the Councilm�nber;. lhere were as follows: (1) F;pplicant would install a four foot cyc'one fence alon� the length of �ne property on the :aest side for about 325 feet; {2) 3uilding setback would b2 varied from lU0 feet to 83 feet for the front yard and from 25 fee* to 15 feet for the rear yard; (3) Land�caping and berming would be in:t.alled �vith the r.e�� building constructiori; (4) Sprinkler system far the building; (5) Sprinkl�r sys�em for the lawns (6) Existing storage area would only be used on a temporary basis and no - _ _ 1 ��R- � --- - - _ __. J �� , �. GJjt`S REGULAR MEE7:f�G GF MARCH 21, 1977 PAGE 2 material would be stored higher than the existing fence; (7) Land co�ierage be not more than 35" for the total structures on new northerly parcel; and (8) All of the property be under one ownership and if the owner �vishes to sell any porfion, it would require approval of the City Council. Mr. Qureshi felt consideration should be given for granting the variance, if the above requirements are met. Mr. Snead, represEnting Berkeley Pump, indicated the requirements o-rould be acceptable to their company and they have compromised to hopefully obtain approval of the variance. Councilman Fitzpatrick questioned the coverage of 35" of the lat,which Ptr. Qureshi stated represents coverage of the newly acquired property. Councilman Fitzpatrick , also questioned the outside storage being used on a temporary basis. Mr. Snead stated there may be a need, from time to time, to use the outside storage r�hen they become overcrowded with stock. The outside storage would then be used on a temporary basis until there is an adjustment in their stock levels. Mr. Snead stated in reference to Item 6 regarding the storage area, he understands this refers to the storage area presently existing which would.be used only on a temporary basis, if needed. He tivished to ciarify, ho�vevPr, this would not prevent outside storage in another• area, if the requirements of the City Code are met. Councilman Fitzpatrick stated he felt it was understood the storage area referred to in the recommendation is the existing storage by the street and present building. MOTION by Councilmai� Fitzpatrick to concur with the recommendation of the Appeals �ommission and approve the variance request from Berkeley Pump for a variance from 100 feet to 83 feet ih the front yard and a variance from 25 feet to 15 feet in the rear yard, sunject to the petitioners agreement with the eight recortanendations outlined by the City Stafr". Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor �ee declarzd the motior carried unar�mcusly. CONSIDERATIO?d Of P,PPkO'!AL OF FIhAL PLAT SUBDIVISION P.S. �?6-OS, Ii��dSBRUCK NORT�{ REPLAT �� .,,,, r�—�.--..t. - ---- --- hlayor f�ee stated tiiis item had been tabled cn December 20, 1976 to allow for future negotiations between t!ie�developer and the To��nnouse Association, who had raised o.bjections to this replat. Councilman Schneider stated he has contacted Ptr. Lindstrom, President of the To�anhouse Association, and received information that, at this point, no agreement has been reached bet�•eeen the Association and the developer. Mr. Tom Colbert,Assistant Engineer, stated the developer has been contacted and he i;idicated he wished to a�ithdraw his request, since no agreement has been reached with the Tovanhouse Associatian. Mayor Nee explain�d this request was a plat revision proposed by the developer and met �•�ith opposition by ti�e iownhouse Association as it would encroach upon public land. Councilman Schneider stated he understands the developer has aareed to sell some townhouses with t�•�o 9araqes, with tfie understandir,g when he gets to the 5th Addition, he will request to replat some additional land. hi0Ti0^! by Councilman Schr,eider to c�eny the request from the Darrel A. Farr Development C.orporation, P.S. ;'76-05, for replat of Innsbruck North 3rd Addition. Seconded by Councilworran Kuko�-rski. UQon a voice vote, all voting aye, l�layor t�ee declared the motion carried unanimously. Mr. John Lindstrom, rresident of the To�•�nhouse Hssociation, stated the Too-�nhouse Association's objection to this replat. He indicated the Associatian wishes to deny the Farr Corporation the ability to build nore qarages than o-:ere platted, as it would encroach on public lurid. tae stated the developer has sold a d;�elling �nit with two garages altiiou.gh only one garage �-�as allowed for each dwelling unit. He explained this shifts the problern as the develope� will have to move the garages from Block 5 to Qlock G, etc_, so when he builds to the end of the 3rd Addition, it icould be necessary to take some 7and frum the 5th Ac�dition for garages and againthe problem of encroachment comes into focus. � , - � _ __. -- --_ 11.Q - � ROBERT A.' GUZY BERNARD E. STEFFEN RI�HARD A. MERRILL DARRELL A. JENSEN JEFFREY S. JOHNSON RUSSELL H. CROWDER JON P. ERICKSON LAWRENCE R. JOHNSON DAVID A. COSSI THOMAS P. MALONE MICHAEL F. HURLEY VIItGIL C. HERRICK HERMAN L. TALLE TO: FROM: SUBJECT: DATE: .� \ � �) � 1 Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) ?80-8500 FAX (612) 780-177? Writer's Direct Line: (612) 783-5124 MEMORANDUM Barbara Dacy Community Development Director _M_; ch�l.e McPh�r�o:: Planning Assistant 'U�/ Virgil C. Herrick City Attorney Necessity for a Variance for 8101 Ashton Avenue, Lindstrom Metric September 15, 1993 PAMELA M. HARRIS CHARLES M. SEYKORA WILLIAM M. HANSEN DANIEL D. GAN'IER, ]R. BEVERLY K. DODGE GREGG V. HERRICK ]AMES D. HOEFf JOAN M. QUADE SCOTT M. LEPAK STEVEN L. MACKEY DAVID M. WEIGEL ELIZABETH A. SCHADQ�IG ROBERT C. HYNES 1935-1993 I have received your Memorandum, dated September 3, 1993, and a follow-up Memorandum on September 13, 1993. My understanding of the facts as they relate to the property at 8101 Ashton Avenue are as follows: In 1977 the previous owner of this property requested and received a variance from the front yard and rear yard setbacks in order to add an addition to the building on the site. These variance were granted subject to eight specific conditions attached to the variance Order. A review of the Minutes of the Council �•iee�itiys v� i•i3YC;'1 7� i97?, i�iaic:i�l 14, 1�77 aiiu aiaZ'�.: 27, 1977 indicate that the Council had considerable question regarding the "hardship" demonstrated by the owner in order to qualify for the variance and the Council also expressed concern about the effect of the addition to the building as it relates to the surrounding neighborhood properties. The Council agreed to grant the variance subject to the above conditions for a specific addition to the building on this site. The present owner of the property has now requested an additional building permit to further enlarge the existing structure. The owner wishes to expand the building and relies upon the variance granted in 1977. An Equal � Employer Barbara Dacy Michele McPherson September 15, 1993 Page Two It is my opinion that the variance granted in 1977 was specific to the proposed expansion at that time. The conditions attached to the variance were applicable to that specific request. Any additional expansion will require a new hearing and a showing of an additional hardship. To allow an expansion of an existing building in 1993 based upon a variance granted in 1977 is contrary both to the terms of the City's Variance Ordinance and to the intent of the Council when the variance was granted. The Fridley Code, Chapter 205.05G, �Y'ci:7i�:cS �r`i�z� WOi.ii ��Y';11Li.'i�.@i.i 'tuji n VdYiaiiCC iiiu�� i�� CCiTuiCI1Cc''C.i within one year and completed within two years after granting of the variance. The reason for this time restriction is to prohibit a landowner from securing a variance and waiting for a substantial period of time to elapse during which time the conditions surrounding the property may have substantially changed. For example had the property owner requested a 1,000 square foot addition to his building in 1977, the Council might well have found that an addition of this size was warranted and that a hardship was shown. For the owner to come back in 1993 and request a much larger addition based on the variance granted in 1977 would be wholly inappropriate. The Council must consider the 1993 request in light of all of the circumstances surrounding the property at this time. For the reasons stated above, I am of the opinion that if the property owner wants to expand the building on the site, it will be necessary for him to make a new variance application. The Council must consider the application based upon a showing of hardship at this time and must consider the effect on the neighborhood properties prior to granting an additional variance. 11S APPEALS COMMISSION MEETING. SEPTEMBER 28, 1993 PAGE 5 Addition, the same being 1464 following stipulations: 1. 2. 3. 4. The maximum height of The addition shall be a the existing garage. sissippi Street N.E. with the addition shall be 14 feet. tecturally consistent with The petitioner shall not con uct a home occupation from the accessory structure in accordance with Section 205.03.34 of the Zoning Code. The petitioner shall not repair\automobiles, other than his own, within the accessory st�ucture. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. CONSIDERATION OF VARIANCE REQUEST, VAR #93-26, BY LINDSTROM METRIC, INC.• Per Section 205.17.03.D.(3) of the Fridley Zoning Code, to reduce the rear yard setback from 25 feet to 15 feet; per Section 205.17.05.D.(6).(a) of the Fridley Zoning Code, to allow an outside loading dock in the front yard, to allow the construction of a building expansion on Lot l, Block l, Arnal Addition, the same being 8101 Ashton Avenue N.E. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED, AND THE PUBLIC HEARING OPEN AT 8:02 P.M. Ms. McPherson stated the property is zoned M-1, Light Industrial. There is M-2, Heavy Industrial zoning, to the east; additional M- 1, Light Industrial zoning, to the north and to the southeast; R- 1, Single Family Dwelling zoning, as well as a City park, to the west. Ms. McPherson stated the petitioner is proposing to construct a 10,000 square foot addition onto the existing manufacturing facility. In 1977, the City Council granted a variance to reduce the rear yard setback for an existing structure from 25 feet to 15 feet and to reduce the front yard setback from 100 feet to 83 feet. At the time these variances were granted, the property was owned by Berkeley Pump. Rear Yard Variance Ms. McPherson stated the petitioner is proposing to construct the addition along the existing line of the encroachment to the north. 11T APPEALS COMMISSION MEETING. SEPT$MBER 28, 1993 PAGE 6 The reduction in the rear yard setback does not adversely impact adjacent properties as the Burlington Northern railroad tracks are adjacent to the lot line, and there is additional industrial to the east of the Burlington Northern Railroad tracks. The Burlington Northern Railroad tracks, in effect, work as a buffer and provide structure separation for any structures on the other side o� the railroad tracks. Loading Dock in the Front Yard Ms. McPherson stated the second part of the variance request is to allow a loading dock in the front yard. The Fridley Zoning Code requires that outside loading docks are to be located in the rear or side yard and should also be properly screened. Ms. McPherson stated the petitioner currently has two overhead doors in the front yard facing Ashton Avenue. As part of the warehouse expansion, the petitioner is proposing to add a loading dock in the front yard which would also face Ashton Avenue. The City Council previously granted a variance to allow a loading dock in the front yard at 7880 Beech Street which is in another industrial area in the community: Ms. McPherson stated there is no history of any variance for the existing loading docks; however, a building permit was issued to allow the construction of these loading docks in the front yard. Ms. McPherson stated �he industrial area in this particular neighborhood is relatively small as compared to other industrial neighborhoods in the community. The petitioner has attempted to work with his delivery drivers to limit the traffic on Ashton Avenue and 79th Street as the only means of access for drop-off and delivery to his facility. He has stated that he will continue to work with his drivers to see that this continues. Ms. McPherson stated there is the possibility for increased screening to provide the screening which is required by the Zoning Code. The petitioner is required to submit a landscaping plan as part of the building permit, and staff will work with the petitioner to provide adequate l.andscaping. ' Ms. McPherson stated staff has no recommendation on this variance request. Mr. Virgil Lindstrom, Lindstrom Metric, Inc., stated the proposed addition of 10,000 sq. ft. is needed for the growth of his business, and they want to continue the building in the same straight line as it is now. The expansion is required for a quality control laboratory, some packaging facilities, and to better warehouse their inventory within the building. They have been in this building six years and have outgrown the existing building. 11U .._ �. .. _. � . , APPEALS_COMMISSION MEETING, SEPTEMBER 28, 1993 PAGE 7 Mr. Lindstrom stated the existing loading dock is so narrow that trucking companies have a very difficult time backing into it. There is also a power pole there which NSP is not willing to move. They believe they can operate the business more efficiently by moving the loading dock to the north end of the building which will enable the common carriers to back in much easier than they do today. Ms. Savage asked if there are any other locations for the loading dock. Mr. Lindstrom stated they cannot put a loading dock at the back of the property because there is only about 25 feet back there and there is no access to it. The railroad tracks are directly behind the building. If they could, they would put it on the north side of the building, but he has no space there. He tried to purchase the property to the north, but the owner is unwilling to sell it and now another company has acquired the building. So, they have no choice but to have the loading dock in the front yard. Mr. Jay Thorson, Dailey Construction, stated they will be abandoning one loading dock that is facing Ashton Avenue now. Mr. Frank Niznik, 191 Liberty Street N.E., asked the petitioner who owns the building directly to the south of Lindstrom Metric. Mr. Lindstrom stated he owns that building. The warehouse portion of the building is used by Lindstrom Metric, and the office portion is leased. Mr. Niznik stated that as far as the neighborhood, there is some existing industrial zoning, but most of the neighborhood is residential. He is very concerned about the impact the expansion of this building will have on the residential neighborhood as far as additional traffic. During the day, the truck traffic is substantial at this time. Admittedly, the traffic is not all for Lindstrom Metric because there is another warehouse down the street. Ashton Avenue now is basically uncontrolled, and traffic can drive down the street at a hiqher rate of speed because there are stop signs on the cross streets. There is a City park across the street and he is concerned for the safety of the children who are always crossing the street to go to the park. He wondered if there is some other way the traffic could be rerouted, possibly another crossing across the railroad tracks from the back side on Beech Street. Mr. Lindstrom stated that as a concerned about the traf f ic . H� drive carefully because they ar area. He does not want to make However, his company is only one business owner, he is also very � has cautioned his employees to e driving through a residential any problems for the neighbors. of four businesses in this area. 11V APPEALS COMMISSION MEETING, SEPTEMBER 28, 1993 PAGE 8 By moving the loading dock to the north end of the addition, they will have more area to load the material and it should be safer than the loading dock they are presently using. The existing loading dock is close to Ashton Avenue, and they are increasing the distance considerably with the proposed loading dock. Ms. Smith asked Mr. Lindstrom is he anticipated an increase in traffic as a result of the building expansion. Mr. Lindstrom stated, no. He stated they are making every effort to consolidate their shipments. They are trying to use less carriers which will result in less traffic. However, this is an industrial zoning, and there is going to be some of that type of traffic. The purpose of the expansion is not so much to expand his business but to build more warehouse space, a quality control laboratory, and a packaging area. Ms. Peggy Brown, 170 Liberty Street N.E., stated she lives about four blocks south of the company. She stated she is not directly affected by the traffic, because that traffic is on Ashton. If Mr. Lindstrom is expanding his warehouse space and is talking about consolidating his shipments, she is curious about the weight limit on the trucks, because there is a weight limit on Ashton Avenue. Ashton is an emergency access street, so she assumed the foundation of the road is heavier. She stated she would like to know if Ashton is designed to handle these heavier loads. If it is not, how will it affect the residential neighborhood's taxes when the road starts to deteriorate? Mr. Lindstrom stated he s�ldom has full truckloads which would consist of 40,000 pounds of freight. If they can consolidate some shipments and can utilize one truck to pick up 15, 000 pounds rather than have five trucks coming in each picking up 3,000 pounds, that is reducing the traffic considerably. Ms. McPherson stated Ashton Avenue is a Minnesota State Aid street and as a Minnesota 5tate Aid street, it is constructed to a higher standard than a typical residential street. She could verify the load limit on this street with the Engineering Department. Mr. Ken Sahnow, 196 Ely Street, stated he lives on the corner of Ely and Ashton which is the closest residence to Lindstrom Metric. His concern is with the truck traffic, its effect on the road, and its effect on the children. Trucks start coming down the street about the same time the children are waiting for the bus stops. The trucks must go by three different bus stops on their way to Lindstrom Metric. However, if the business is expanding and there is more truck traffic, there are more chances for children to get hit by a truck. Currently, the trucks have to wait on Ashton to back around and get into the loading docks. That may improve somewhat with the new dock, but there is congestion at times with 11W APPEALS COMMISSION MEETING, SEPTEMB$R 28, 1993 PAQE 9 multipZe trucks getting through there. If the trucks could come in from another way, that would be great. Mr. Clarence Godlewski, 228 Ely Street, stated he lives about three houses to the west of Lindstrom Metric. He stated Ashton Avenue is the only access to the park, and the children have to cross Ashton to get to the park. As stated by Mr. Sahnow, the trucks line up on Ashton to unload. He is very concerned about the children, and with trucks parking on Ashton, there is more of a chance of children coming out between a truck and getting hit by a car. Mr. Lindstrom stated he can certainly understand the concerns of the neighbors. However, he wanted the neighbors to understand that he can build the addition without a variance if he moves the addition 10 feet towards Ashton Avenue and leaves the existing loading docks. But, they would end up with an addition with a small loading dock which is not safe. The proposed loading dock to the north will have a larger area for the semis and it will almost double the length of the loading area as compared to the existing. They would like to be operating more efficiently and safely with a better loading dock facility. Mr. Dan Super, 200 Liberty Street N.E., stated this is not a very safe situation with all the trucks that have to drive down Ashton through a residential area to the industrial area. He stated he has a hard time believing that the building with the expansion is under the lot coverage of 40%. It appears that the buildings take up more than one-half of the property. Ms. Beaulieu stated she is curious to know what was built first in this area--residential or industrial. Ms. McPherson stated she could get that information for the Commission and the public. MOTION by Ms. Beaulieu, seconded by Ms. Smith, to call a recess at 8:40 p.m. to allow staff time to get the requested information. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Beaulieu, seconded by Ms. Smith, to reconvene the meeting at 8:45 p.m. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that the official City zoning map dated 1958 indicates that this property was zoned M-1, Light Industrial, as well as the properties directly adjacent to the railroad and down to 77th Avenue. The first zoning ordinance by the City was adopted 11X APPEALS COMMISSION MEETING SEPTEMBER 28 1993 PAGE 10 in 1955. She stated the zoning ordinance does not restrict the size of the structure, only in terms of the lot coverage and setback requirements. Ms. Beaulieu thanked staff for this information. Mr. Godlewski asked if they could find out the size of Mr. Lindstrom's property and the total square footage of all his buildings. Ms. McPherson stated she could get that information for the neighbors. She stated that if one person would act as a representative for the neighborhood, she would mail the information to that person. She will also have that information available for the City Council. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:50 P.M. Ms. Smith stated that while she can understand the neighborhood's concerns about traffic, she is looking at the hardship for the petitioner of moving the building forward 10 feet which does not make much sense. She believed that the public purpose is being served by granting this variance. The only thing behind Lindstrom Metric is the railroad tracks. The building as proposed will be safer in terms of traffic, it will be more aesthetically pleasing to the neighborhood, and it makes sense to have the loading dock in an area where there is more parking lot space in front of the building. She stated she will vote to recommend approval of the variance. Ms. Beaulieu stated she agreed. The petitioner made a good point when he said he can build the addition anyway; it is just a matter of where he can place the building. By pushing the building back, he is getting farther away from Ashton Avenue and toward the railroad tracks. The loading dock as proposed sounds like it will be safer and more efficient and, in the long run, better for the neighborhood. She sympathized with all the neighbors and their concerns regarding the traffic and safety, but she did not think these variances affect any of those concerns. She stated she will vote to recommend approval. Ms. Savage stated she also understood and sympathized with the concerns expressed by the neighbors. The Appeals Commission cannot really address the issue of safety and traffic or whether or not the petitioner can or cannot expand. The Appeals Commission has to deal with whether the expansion meets the setbacks and other code requirements. She stated the petitioner seems to be willing 11Y APPEALS COMMISSION MEETING SEPTEMBER 28 1993 PAGE 11 to work with the neighborhood to attempt to keep the neighborhood as safe as possible. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR #93-26, by Lindstrom Metric, Inc., per Section 205.17.03.D.(3) of the Fridley Zoning Code, to reduce the rear yard setback from 25 feet to 15 feet; per Section 205.17.05.D.(6).(a) of the Fridley Zoning Code,, to allow an outside loading dock in the front yard, to allow the construction of a building expansion on Lot I, Block 1, Arnal Addition, the same being 8101 Ashton Avenue N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. McPherson stated this item will go to City Council on October 4, 1993. She stated she will research the lot coverage issue. Mr. Ken Sahnow stated he wouZd receive the infarmation for the neighborhood. ADJOURNMENT- MOTION by Ms. Smith, seconded by Ms. Beaulieu, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declared the motion carried and the September 28, 1993, Appeals Commission meeting adjourned at 9:05 p.m. Re� ctfully � bmitted, /! �-�t-L.- ��-K��`�'� Lyn e Saba � - Recording Secretary 11Z � _ � J DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley September 30, William Burns, 1993 �' �� City Manager �' Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Request for Relocation Claims for Gary Lenart and Peter Berger Our relocation consultant, Kirk Schnitker, has requested authorization to make payments to Gary Lenart and Peter Berqer who reside at 6070 and 6074 Central Avenue N.E. Both tenants are not being required to move. They have indicated a willingness to relocate. Gary Lenart, for example, has recently signed a purchase agreement for another property. Peter Berger is pursuing another residence. Schnitker is requesting authorization to expend up to a maximum of $11,000. He indicates that the City may need to make a request for an additional amount exceeding $11,000, but he does not anticipate that this will be necessary. The purpose of receiving authorization is to be able to expedite the claims and to return the money to the tenants as quickly as possible. Recommendation Staff recommends that the City Council authorize the City Manager to approve relocation payments to Gary Lenart and Peter Berger in a total amount not to exceed $11,000. BD/dn M-93-575 2 ':� • �, � •': �� t • ; 2300 Central Avenue Noriheast Mintteapolis lV�innesata SS418 Tel: (612) 789-51�1 �a�c: (612) 7$5-1011 September 29, 1993 Ms. Barb Dacy City of Fr�dley �'rid�ey Municipal Center 6431 University �lvenue NE Fridley, MN 55�32 Dear H�rb�xa: As a fallowup t� our recent phone canv�rsativn rega�ding the relacatibn issu�s with Gary Lenart and Feter Berger; we needed to send this letter. As we discussed, we anticipate making claims with one, and possibly both, of these parti�s by the 3�th of September. �herefore, in order to expedite claim5 and ta reduce conflict, we request funds }ae available to pay claim amounts. we request yau �eceive City Co��ncil autharizat�.an to make pa ents to the �ubaect claiman�s in an amount not to exceed �1,400.00. Since claims have �.ot been made at this time we are not certain as to the total re].ocat�on claim amounts, th�refare we maY later m�ke a request for amoT�nzs in addition to this $11,000.00 araount. we do however, n�� an�icip�te that this caill be necessary a:�d the total cl�aims for both af these parties wi11 be less than $i1,Qp0,00, ease cali me if you should have �.ny questions. ncerely, �A. Schnitker es�.dent Post-It'" brand fax transmittai mamo 7671 j# oi pa9es r C/7Y oi- S - /2 } � IFex# %� �--, , ; � �' � �f � 4 I� �Jf �.,:?_ t�r�/'Ir�L f � �� 4� jLnGJ rf-' �,-J 1 G � % S .� / �� t-! t= ��-7 i=� , L - ` �C/ l 'l �,�.,�,.� S ` 12A Trr�� F. ul Eng+neer+r�g Sewer :Valer Parks Slreets Maintenance MEMORANDUM TO: William W. Burns, City Manager �� . PW93-342 �- � FROM: John G. Flora; Public Works Director DATE: October 4, 1993 SUBJECT: Receiving and Rejecting Sidewalk Snowplow Bids On September 29, 1993, we received and opened three bids for the sidewalk snowplow lease/purchase agreement. Two companies bid the lease/purchase agreement. The third company bid an outright purchase only. Of the two lease/purchase bids, the machines were not comparable in size. The specifications were written for a larger machine which only T"rackless MT could meet. However, Trackless MT does have a standard machine comparable to the size of the Bombardier sidewalk snowplow machine. We recommend that Council receive and reject the bids and authorize a renotice to the two bidders to submit bids for both size machines for the sidewalk snowplow lease/purchase agreement. Specifications will inciude both size machines for an October 13, 1993 bid opening. � �a 13 J Q � a 0/� I.V a � 0 � � m N W � N � N Q W Uo QO � Q T Z � a �, � T O J Q �i O z N Y J � W 0 N � N � W m w H a W N 1- N � � � � d � � � H � �j � ';ll:l?> Ef) � Ef3 Z > �s Z' —� o o 'o LLt_. °o °_ �°n �: � � � 1-_ o.; `»m!>' a�o � rn o rn rn U; � o �n �_: a � v � m; w `L ` Q a�i ai � : � �' � Y � U o � m � �: »z;, O' c m; � � �' � m � o o ,r O O in in c/) U Z � ':?'W''' � � � � ';'Q v_� � Q' � Q' O <',',_, �> M tO �7 � � � z; � T" tn a' N� (l�1. Q � � �z W � Q= � d C� � N Y N Q � � 3 � 7 � p � � U' Q (C Vl i- Cn M j V�� C m (0 OC � cn �� ln F-- d C� 13A Eng+neenng Sexe' LValer MEM�RANDUM �� TO: William W. Burns, City Manager � PW93-341 FROM: John G. F1ora,�Publia Works Director DATE: October 4, 1993 SUBJECT: 64th Avenue Storm Water Improvement Project No. 260 At the Council meeting of September 27, 1993, the pubIic hearing was closed regarding the 64th Avenue storm water improvement project The project consisted of constructing a storm sewer from the Mississippi Street pipe down to 64th Avenue, west along 64th Avenue to Central Avenue, down Central Avenue to the culvert that runs under Central Avenue. The project also incorporated construction of a detention pond on portions of the three lots owned by the City on Rice Creek Road. Based upon the concern to incorporate the storm sewer and catch basin system into the TCAAP project, which will be upgrading 64th Avenue, we have prepared the appropriate resolutions for this work. Attached are two resolutions. One ordering the preliminary plans and specifications and the second approving the final plans and authorizing the amendment of the TCAAP project for inclusion of the storm water pipeline project. In addition to the two resolutions, a change order for the necessary pipe and catch basins for the improvement project is attached to the agenda for Council approval. The detention pond portion of the project requires permits from the Rice Creek Watershed District and the Corps of Engineers. Accordingly, this action will be initiated and processed and submitted to the Council for award after the permits have been received. JGF:cz Attachment 14 '�� . •, . . Eng�neering Sewer iN�l@r Parks Sl�cets Mainlen�nte MEMORANDUM TO: William W. Burns, City Manager '�� PW93-338 � FROM: John G. Flora,� ublic Works Director Scott Erickson, Asst Public Works Director, � DATE: October 4, 1993 SUBJECT: Resolution Ordering Preliminary Plans, Specifications and Estimates of Cost Thereof for the 64th Avenue Storm Water Impravement Project No. 260 The attached resolution orders the preliminary plans, specifications and estimates for the construction of the 64th Avenue storm water improvement project. The project consists of the construction of a storm sewer pipe from Mississippi Street to the Central Avenue culvert at the Harris Pond ditch, along with the construction of a detention pond. It is proposed to construct the piping this year to facilitate the current street reconstruction and to construct the detention pond after the necessary permits have been obtained. A public hearing was held for this project at the September 27, 1993 Council meeting. Petitions 13-1993 and 16-1993 were received with signatures of 22 of the 41 (53%) property owners in the project area requesting the project. Recommend Council approval of the attached resolution ordering preliminary plans, specifications and estimates of cost thereof for the 64th Avenue Storm Water Improvement Project No. 260. SE/JGF:cz Attachment . . � �.� RE90I�T1'I�T 1�U. - 1993 A RE80I�iTI'IdTT ORDERII� F�tELII�ItY PLANS, SPDCIFICATIONS �11�ID ESTIl�IIsiTE.S OF TI� 006Z'S Z��I2DOF: 64TH AVENUE S'i'ORM WATER PqZO►TDGT PU. 260 WI�REAS, Fetition 13-1993 and Fetition 16-1993 were received by the City Council requesti.ng this storm water impravement, and W�, a public hearing on this i�rvvement was held on September 13 and 27, 1993, arid W�.S, the Council has agreed to assess $1,000 to each of the e.xisting parc�ls for this i�ravement within the area bourided by Mississippi Street, Harris P�nd ditah, Arthur Street, and Central Avenue, ar�d W�,S, any future lot splits within this �re.a will be assessed $I,000. NC7FT, Tf�RE, B�E IT RESOLVED by the City oo�xncil of the City of Fridley as follaws: 1. That it appears in the interests of the City and of the property awners affected that there be constructed certain it�rovements to�ait: Storm sewer ittg�rovements, including concrete PiPirig� catcdz basins, storm pond excavation, arid other facilities located as folZows: New Construction 64th Ave Storm fram Mississip�i Street to the Central Avenue culvert at the Pipe Harris Pond ditch and a detention pond That the work irivolved in said i�rovements listed abave shall hereafter be designated as: �+ • •� ►• �• � i• �!��±�r�� '•�.�_l_a • . � 2. That the Public Works Director, John G. Flora, City Hall, Fridley, NIlJ, is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said im�roveme.nts, including every item of c�st fram inception to �letion and all fees and e�e�s incurred (or to be incuzred) in connection therewith, or the financing thereof, and to make a preliminary report of his findirx�s statirig therein whethex said impravements are feasible and whether they can best be made as proposed, or in connection with same other imprave�nents (and the estimated cost as recommended), includirig also a description of the lands or area as may receive benefits therefrom arid as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall be furnished to the City Council. PASSID ADID ADOP'I'ED BY THE CITY QOiJNCIL OF T� CITY OF FRIDLEY Ti�S 4TH IaAY OF OCPOBII2, 1993. ATl'ESTED: WILLIAM A. (�IAMPA - CITY CLERK � � WILI.IAM J. 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O� 4 � _� � ,� �; a y � . .- �, i.� 1 ,� t� �� . � k k j � � k:l. j� r v , UJiW cL� � ' c � �a � !. j .a.i � c if� � ? T ► '� � l Li) (rY1 � ;� °° ry �°-��i ° � "�: � . � � �� t (,:, �`� � Xlr-_ y n'-�, ; r : f g � wi0 � � �a s '� �� C.? i` x ' a' iiS'� i � � � t. �a z� , . _ �: ,� ,ti: _ f ' r :; . W �,� , -- , � U � . � ' . • ___ ... . - cD � � g�� `� �� `�' ,�_ Y ,�j � �' `� � a�t S��J�'1��1'd� �tn �-Y- Y Y" L � ♦� P, :�O .� " ' ., �►�' ' �' �a , �'� '• � - °o� . � i�i , � ) .,� ��,�' ��,�, +�, Y �, E.�ay'+ � r� � ,r `�� __ � �._ �. — � � T. •�• N ,� I R __ � , � �' ?-� ''� "' % I C, ' )'�' I� � ~ t� � � - �� T, '°.;L C �'. �� '•�- � �� a titi,�l►�' �u ^� �" r �� ' ,,� 1.. � � , � ° �' � 1`�, y � �� } � � �' � . �'(. �,' , j � � � � ` � i � � � , � � .,. � � � o �' � ` , � ' ' � . ' - .-- �� _, i -� ,��``;'�,�� '� Y-�' `�« gr'�v � '1 � � "'R'�D • � I �� , ! ,� ,.. . < � i'� � . ; __ -i ._:'„_J � .� _� '...� . ' i� MEMORANDUM TO: William W. Burns, City Manager ,� � PW93-339 � FROM: John G. Flora, fPublic Works Director Scott Erickson, Asst Public Works Director ,�� DATE: October 4, 1993 SUBJECT: Resolution Ordering the Improvement, Final Plans and Specifications and Estimate of Costs Thereof and Amending the Fridley/New Brighton Interconnection Twin City Army Ammunition Plant (TCAAP) Pipeline Project No. 248 The attached resolution orders the improvement and final plans and specifications and estimates of costs thereof for the construction of the 64th Avenue storm water improvement project. The resolution also directs the Public Works Director to include this work with the Fridley/New Brighton Interconnection TCAAP Pipeline Project No. 248. The construction of the storm pond may be completed this year if the necessary permits can been obtained in time. If there is a delay in receiving the permits, the pond will be excavated as soon as possible. Recommend Council approval of the attached resolution ordering the improvement, final plans and specifications and estimate of costs thereof and amending the Fridley/New Brighton Interconnection TCAAP Pipeline Project No. 248. SE/JGF:cz Attachment 15 � �a RE9C)LiTPIO�T I�U. - 1993 RE�OI�Tl'I�T ORDERIIJG IMP�CyVENIENP A1�ID �'II�L PZANS Al�ID SP'�CIF'ICaiTI�B A1�ID l��i'Il�Il�'i'ES OF QOSi'S Tf�R�OF APID AME[�IDIlJG: F'RIDI�Y/NEW BRIQi'!�T �J 'lWII�T CITY ARMY AbIl�IfJNITION PI�ANP (TC�AP) pIPEL—'�' PR(J►TDGT AU. 248 W�S, a public hearing was held on September 13 and 27, 1993, regarding this project, and Wf�REA._S, Petition Nos 13-1993 and 16-1993 with 53% were received requesting the 64th Avenue Storm Water Project be added to the F`ridley/New Brighton Interconnection TCAAP Pipeline Project, arid WF�2F.AS, Resolution -1993 ordered preliminary plans and specifications and estimate of costs for the 64th Avenue Storm Watex Impraveme,nt Project No. 260, arxi Wf�REA.S, the City Council has determined a need to perform oertain storm water improvements to maintain in a safe condition and at a reasonable cost. NOW T��ORE, BE IT RF�SOLVID, by the City Council of the City of Fridley, Anoka County, Minnesota as follows: l. That the followirig i�rovements proposed by Council Resolution No. - 1993 are hereby ordered to be effected and ccm�leted as soon as reasonably possible, to-wit: Storm sewer in�rovements, including concrete piping, catcl� basins, storm pond excavation, and other facilities. 2. That.the follawing storm water project be incorporated in: 64th Avenue Stoan Water �rav�nt Project No. 260 3. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 4. That the Public Works Director, John G. Flora, City Hall, FYidley, Minnesota, is hexeby desigr�atecl as the Engineer for this improvement. He shall prepare final plans and specifications for the making of such impravements. 5. The Public Works Director shall a000rdingly include the necessary piping for this work with the Fridley/New Brighton Interconnection TC�P Pipeline Froject No. 248 with the storm pond being constructed as soon as the necessary permits are obtained. PASSID AI�ID ADOP'I�D BY Z� CITY C70iA�IL OF R3� CITY OF FItIDLEY R�ff.�S 4TH L1AY OF OG'POBER, 1993. ATI`FST: WILLIAM A. C��MPA - CITY �K 15A WILLIAM J. NEE, MAYOR ; �_� . `�,! EN rE � .' � �. £C /3� � - ' "� Jl'tf1 _ , ---• ' ^ , '� � �. .w . p ,L �! J7 /!r .= s il t . 'l!' /!J /1f /lJ IlI L � � � �1� , s �� ¢v /.1SY /37b �¢°� J4-�-� /¢4L /4� /4'� • �,Mt .. • /6 �, .,� (A) M " (t�) t�f) ��) (i�) h) fs) ± .:l�V � If �v � v .. - � �� ;; r � 6 4� , ti,, ,, � �� K � ¢ _ � . � . � � � � �.�!_ . c,+�.r. F , � � � � 3 w /3 �� y � i� � PR POSED AL(GNM NT C¢� � . � r�..a.-/J K4k �� ► � �� ,t� .�. . i �� . �¢�� 31fo� � � . 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N "�'_ � � �� r t,l-•� b' '•I `�� , � �� I"' `� (-) � �.� �-� ° L, C ' �� M1� �''� �v � � T �• � 1 i ' � 'v �- _.r � �•!' � � �` s�' �C � � ��' '��.. ,' � ��'� -.-°�� ,� ' I ) ( Y, , / / � l �t" O � � ( ,.,�� } .� � `; - ,� ; 1>' / ��-�7 C f u y -,' ; _ - � I . 3 ...__ .. . , �.._. .%� - - � _?!. _ . � � il . �� Eng�neenng Sewer Waler Parks Slrcets Main[en�nce MEMORANDUM TO: William W. Burns Ci Mana er �� PW93-343 , ri g .� FROM: John G. Flora, Public Works Director DATE: October 4, 1993 SUBJECT: Change Order No. 1 to TCAAP Interconnect Pipeline Project No. 248 We have requested Maier Stewart and Associates (MSA) to prepare and obtain the Change Order No. 1 to the TCAAP interconnect pipeline project for the addition of the 64th Avenue storm sewer pipe system. The change order documents are being processed by the contractor and should be completed by Monday, October 4, 1993. The change order documents will be provided to the Council in their packet prior to the meeting. JGF:cz 16 � �� FRIDLfY 17 19 � _ FOR CONCURRENCE BY THE CITY COUNCIL CITI'OF FRIDLEY C'iENERAL CONT TOR- I NT�AL Advance Home Products (2332) 3770 W Broadway Robbinsdale MN 55422 Mark Silverstein DeMars Construction (C�14) 8401 166 Cir NW Ramsey MN 55303 Mike DeMars Giertsen Company (179b) 860 Decatur Ave N Golden Valiey MN 55427 I,�e Steven Contractar (5758) 9465 Irving Ave N Brooklyn Park MN 55444-2932 Noonan Construction Inc(2$S8) 44Q0 Osseo Rd Minneapolis MN 55412-1129 Superior Construction Services (7231) 11205 91 Ave N Maple Grove MN 55369-3912 VIP Siding & Roofing(PENDING) 1014 Stout St Menomonie WI 54751 HEATiNG Fisher Bjork Sheetmetal Co PO Box 40009 St Paut MN SS l 04 PI.I7MBING A & A Piumbing 2722 N St Albans St Paut MN 55113 WRECKING F M Frattalone Excavating 3066 Spruce St St Paul MN 55117 Jim Zondlo Steven Lee Ed Noonan Randy Hedden Don 3ohnson Daniel Bjork Kenneth McGuire Mark Ryan 2� LICENSES STATE OF MINN � Same Same � Same Same Same Same GARY FQRI� B1dglMe�h Insp 5TATE OF MINN THOMAS BLAZINA Chief Bldg Ofcl � FOR CONCURRENCE BY THE CITY COUNCIL October A, 1993 Page 1 Proper Owner Address DUPLEXES & SINGLE FAMILY DWELLINGS• STEVEN MAY 7430 ABLE ST STEVEN PETSCHEL 7323-25 UNN AVE MULTIPLE DWELLINGS: UNIVERSTI'Y AVE ASSOCIATES „ „ „ �� n n D. KMIT & J. LUCIOW FILISTER ENTERPRISES �� , „ �, „ � n ,� � „ 101 83RD AVE 121 83RD AVE 131 83RD AVE 141 83RD AVE 151 83RD AVE 161 83RD A�7E 171 83RD AVE 181 83RD AVE 191 83RD AVE 5460 TTH ST 5640 E RIVER RD 5660 E RIVER RD 5680 E RIVER RD 55720E RIVER RD 5740' E RIVER RD 5760 E RIVER RD 5780 E RIVER RD 5800 E RIVER RD 5820 E RIVER RD 5840 E RIVER RD 5860 E RIVER RD 20A LICENSEB No.of Units Fee 1 12.00 1 12.00 41 107.00 �2 109.00 36 97.00 36 97.0p 42 109.00 42 109.00 36 97.00 42 109.00 42 109.00 34 93.00 42 109.00 42 109.00 42 109.(� 42 109.00 ' 42. 109.00 42 109.00 42 109.00 42 109.00 42 109.00 42 109.00 42 109.00 21