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08/01/1994 - 4925f;� � � , ` . . • . . . � . I' • ' OFFICIAL CITY COUNCIL AGENDA COIINCIL MEETING � AIIGi�ST 1, 1994 . � . .. . . _ �. ... .�• �•...' � '• ` � :. �. ... ",.� r . .- • : . . .: � �'. .. .. .. -. : '.. . ".. . _ . •. . _.:. . :..- .- �:` 'i , , ; ;� '� �� :. f �i FRIDLEY CITY COUNCIL MEETING ,��,. fY ATTENDENCE SHEET �,,�. Monday, August 1, 1994 7:30 P.M. � • �� ' PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER �. .a. � �`� ` � r. rvt : ^�(' ` �—L ��` f 11 ,� i �� - - � a ' 1 � � `i r, j (� � St � 4 �'� +O ✓ � � /,�,� / D�o �t--,;�. �..�- Z ��, � � ,�� ` _ � : / ` {�: , l �� ►.��.�, ��, 1 1� f � _ �� 12 � c��t� L.� c KC ZS ��. l.v -- .�t N c� {� � �f�'C�('�, i� FRIDLEY CITY COUNCIL MEETING OF AUGUST 1, 1994 OLD BUSINESS (CONTINUED): Reconsideration of Action on Variance Request, VAR #94-08, by Wayne Dahl, to Reduce the Setback from the Top of the Bluffline Overlooking the Mississippi River from 40 Feet to 1.5 Feet, and to Allow an Accessory Structure in the Front Yard, all to Allow the Construction of an 8 Foot by 15 Foot Storage Shed, Generally Located at 177 Hartman Circle N.E. (Tabied July 25, i994) . . . . . . . . . . . . . . . . . . . . . . . . . NEW BUSINESS: Page 2 2-2LL Receive Items from the Appeals Commission Meeting of July 12, 1994: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 311 A. Variance Request, VAR #94-11, by New Horizon Chi(d Care, to Allow an Accessory Structure in the Front Yard in Order to Allow the Construction of a Play Area in the Front Yard, Generally Located at 1202 East Moore Lake Drive N.E. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3V B. Variance Request, VAR #94-12, by Joan Klockers, to Reduce the Side Yard Setback from 10 Feet to 7.4 Feet to Allow the Expansion of an Existing Three-Season Porch, and to Reduce the Side Yard Setback from 3.2 Feet to 2.2 Feet to Allow the Expansion of an Existing Garage, Generally Located at 6830 Washington Street N.E. . . . . . . . . . . . . . . . . . . . .......... 3W-311 FRIDLEY CITY COUNCIL MEETING OF AUGUST 1, 1994 Page 3 NEW BUSINESS � ONTINUED,�; Receive the Bids for the Commons Park Shelter, Project No. 267 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Resolution Approving Plans and Requesting Anoka County to Proceed with Improvements on Main Street from 44th Avenue to I-694, Street Improvement Project No. ST. 1994 - 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5A Resolution Amending the Repayment Schedule of a Loan to the Fridley Historical Society . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 6 - 6A Resolution Designating Minimum Fund Balances for the Generaf Fund, Special Revenue Funds and the Capital Improvement Fund........................................... 7-7B FRlDLEY CITY COUNCIL MEETING OF AUGUST 1, 1994 NEW BUSINESS (CONTINUED): Page 4 Resolution Establishing the Information Systems Internal Service Fund, Authorizing a Cash Transfer to this Fund and Transferring the Outstanding Special Assessments from the 1982 Improvement Bond Fund and the 1986 Crossover Bond Fund to the Closed Debt Service Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8A Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Claims...................... ............... . 10 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11 A Estimates ........................................ 12 ADJOURN: : . . . .. , . . • : _ . ... . : . . : . : . . . . . � .� .. � � .. . .. ;� . � . : .. . : . . . .. : �.. . • . . . .. � • ' .. �. . � . . . . � � � . -, � . '.� :. � :- ;,:- .. �.,. . ... . ... _ . � � .. . . . ' ' � .�.� � . :. . . . _. h . : : - � . ' �. . . THE'MINUTEB OF T8E FRIDLEY CITY COIINCIL MEETING OF � . . : �JIILY 25, 1994 . . � . . �`; .,, . .� • � . . ..: � . . ..: ,. ....�: .... . THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 25, 1994 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CA�L• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom MEMBERS ABSENT: None PROCLAMATIONS• CAROLINE OGLAZA DAY - JULY 26. 1994: Mayor Nee issued a proclamation proclaiming July 26, 1994 as Caroline Oglaza Day in the City of Fridley. He stated that Caroline is a college student from Fourmies, France and has been in Fridley conducting market studies. He stated that she will return to Fridley's Sister City, Fourmies, France this week. NATIONAL NIGHT OUT - AUGUST 2, 1994: Mr. Burns, City Manager, read a proclamation proclaiming August 2, 1994 as National Night Out in the City of Fridley. He called upon all citizens to join the Fridley Police Department and to partici- pate in the eleventh annual National Night Out by having neighbor- hood block parties to symbolically take back the night and give crime a going away party. Ms. Rosie Griep, Public Safety Projects Coordinator, introduced Ms. Julie Swanson, the new Neighborhood Crime Watch Coordinator and Crime Prevention Specialist. She stated that National Night Out started eleven years ago in Pennsylvania to join residents together with law enforcement to fight crime and develop a sense of community in their neighborhoods. She stated that several million people will observe National Night Out on August 2. Ms. Griep and Ms. Swanson, along with several block captains, received this proclamation. Mayor Nee stated that he and the Council are very happy with the program and its �uccess. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 2 Ms. Griep stated that persons who wish to participate can contact Julie Swanson at 572-3634. APPROVAL OF MINUTES: COUNCIL MEETING, JULY 11, 1994: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. MOTION by Councilman Schneider to amend the minutes by inserting the following language, after paragraph five on Page 10: "Council- man Schneider stated that under the existing code, they would be allowed two four-foot directional signs." Further, to correct the Roll Call Vote on Page 14 to indicate that Councilwoman Bolkcom and Councilman Billings both voted against the motion and the motion carried by a 3 to 2 vote. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested an item be added: (2) Set November 14, 1994 as a Special City Council Meeting to receive the canvass from the election. MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. OLD BUSINESS• 1. RECEIVE ITEMS FROM THE PLANNING COMMISSION MEETING OF JUNE 1 1994 (TABLED JULY 11, 1994): Mayor Nee removed these three items from the table. A. SPECIAL USE PERMIT RE4UEST, SP #94-03, BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 � FLOOD FRINGE� GENERALLY LOCATED ON THE SOUTH SIDE OF BUFFALO STREET EAST OF RIVERVIEW TERRACE• FRIDLEY CITY COONCIL MEETING OF JIILY 25, 1994 PAGE 3 B. SPECIAL USE PERMIT RE4UEST SP #94-04 BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT fFLOOD FRINGE) GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF BROAD AVENUE• C. SPECIAL USE PERMIT REQUEST SP #94-05 BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE) GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF BROAD AVENUE: Ms. Dacy, Community Development Director, stated that these requests for special use permits were tabled at the last Council meeting to allow the petitioner time to analyze the impact of a height restriction on these properties. She stated that the petitioner has not submitted any additional building plans but has reiterated his feelings from the last Council meeting that he felt the height stipulation was too restrictive. Ms. Dacy stated that staff has reviewed house plans which have been constructed in other parts of the flood plain area. She stated that if the 30 foot height is measured from the existing street elevation, a split level and two-story home would not meet the height requirements; however, a one story rambler could be constructed to conform with the maximum height. Ms. Dacy stated that staff reviewed the definition of building height and measured the elevation at the front of the building. She stated that this is at 822 feet, and any house plans could be constructed within the 30 foot height limit. She stated that staff is recommending a stipulation that the maximum height be measured from the 822 foot elevation on all three lots. Mr. Hickok, Planning Coordinator, submitted some typical building plans showing a rambler, a split entry, and a two-story which could be constructed within the 30 foot height requirement if ineasured from 822 feet. He stated that a non-traditional two-story may be 31 feet high. Ms. Dacy stated that Mr. Hedlund, the petitioner, contacted her this morning to say that he was in the hospital and received a copy of the staff report. She stated that he indicated he had no objection to the proposed stipulation that the maximum height be measured from the 822 foot elevation. She stated that Mr. Hedlund advised her that if the Council rewords this stipulation, he would like the action tabled until he can attend the meeting. Councilwoman Bolkcom stated that if the height is measured from the street elevation, Mr. Hedlund could not build a majority of these homes. Ms. Dacy stated that is correct, as two of the three designs would be over the 30 foot height limit. She stated that Mr. Hedlund FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 4 advised her that if the elevation is measured from the street, he would object. MOTION by Councilwoman Bolkcom to table Special Use Permit Request, SP #94-03. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to table Special Use Permit Request, SP #94-04. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to table Special Use Permit Request, SP #94-05. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF JUNE 29, 1994 jTABLED JULY 11,1994): A. AUTHORIZE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR A PLAT REQUEST, P.S. #94-05. BY KEITH EIBENSTEINER FOR BILTMORE CONSTRUCTION OF NEW BRIGHTON, INC., TO SUBDIVIDE PROPERTY INTO NINE NEW SINGLE FAMILY LOTS, GENERALLY LOCATED IN THE SOUTH- EAST CORNER OF TOTINO-GRACE HIGH SCHOOL PROPERTY AT 1350 GARDENA AVENUE N.E.: Mayor Nee removed this item from the table. Ms. Dacy, Community Development Directar, stated that at the July 11 Council meeting a number of questions were raised. She reviewed staff's response to these questions. She stated that in regard to the question on the plat submitted by Charles Cook, P.S. #86-06, Valley Oaks, there was an issue with the storm water assessments. She stated that a public hearing was conducted on this plat in 1987, but there was no final action taken by the Council on the plat. Ms. Dacy stated that in response to the question on the size of the Innsbruck Nature Center, it is 24 acres and was dedicated as a park in 1971. She stated that the original land area for Pecks Woods was at least 640 acres extending from Rice Creek Road on the north to 49th Avenue and Highland Lake to the south, into New Brighton on the east, and approximately along the Matterhorn Drive alignment or� the west. Ms. Dacy stated that in response to the question regarding Arthur Street, it was constructed in 1972 and was part of Pecks Woods. She stated that in conversations with Mayor Nee, the Council in 1964 informally discussed acquisition of the wooded area north of I-694, but the cost was prohibitive. She stated that a portion of Islands of Peace park was acquired this same year. She stated that the dedication of Innsbruck Nature Center in 1971 preserved 24 acres of the original Pecks Woods. FRIDLEY CITY COUNCIL MEETING OF JULY 25. 1994 PAGE 5 Ms . Dacy stated that in response to the question on the size of Springbrook Nature Center, it is 127 acres. The City acquired the land in 1971, and it was designated as a nature center in 1974. Ms. Dacy stated that in response to the question whether the developer preserved the trees on the Wal-Mart site, there was a stipulation that the developer try to preserve as many oak trees as possible. They were able to save three out of the four trees on this property. Ms. Dacy stated that in regard to the question if money is avail- able from a third party organization, staff contacted the organiza- tion, Trust for Public Lands. She stated that the Trust is an interim financing vehicle and must be repaid. She stated that Mr. Haluska, Friends of Innsbruck Park, is meeting with them on July 26. It takes four weeks for them to evaluate a site to determine if.they will participate in funding. Ms. Dacy .stated that of 490 acres of City parks, 340 acres, have been reserved as "open space." She stated that Fridley exceeds the National Recreation and Park Association standards for the amount of park acreage, as the standards require 180 to 310 acres. The City owns 490 acres. She stated that there are no detailed surveys to quantify the activity at Innsbruck Nature Center. Ms Dacy stated that in reqard to requirements if the Totino-Grace it is estimated the cost to approximately $1,800. the question on the maintenance property is turned into a park, maintain this area would be Ms. Dacy stated that the City Attorney has contacted the attorneX for the Environmental Quality Board. Mr. Herrick has prepared a memo regarding the request for an Environmental Assessment Work- sheet (EAW). She stated that it appears the EAW is not applicable in this circumstance because of the small size of this development. Mr. Gregg Herrick, Assistant City Attorney, stated that their office has reviewed this question and has come to the conclusion that an EAW did not apply. He also stated that the Attorney General's Office is in agreement. He stated that in reviewing the Minnesota Environmental Rights Act, it is basically a two part process -- that is, will natural resources be affected and, if so, then is there significant or substantial damage to the environment. He stated that it appears this site is not unique in any ecological sense, and no legislation was uncovered that this project may violate. Mr. Ron Peterson, Peterson Environmental, Inc., addressed the environmental issues. He stated that there is no impact to the two wetlands delineated on the plan. He also said that this was accurate and consistent with the 1989 Federal Manual. He stated that their staff botanist, Mr. Glenn Vande Water, reviewed the site FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 6 on July 15. He stated that there are four different species of oaks and a number of other tree species. He reviewed the type of plants on the site and noted that there is an encroachment of the buckthorn and honeysuckle shrubs, reducing.the overall richness and abundance of native species within the site. He stated that no state-threatened, endangered, or special concern plant species were observed during this field review. Mr. Peterson stated that this site represents less than one percent of Pecks Woods and combined with Innsbruck Nature Center, less than four percent. He stated that the ecology at Innsbruck Nature Center was similar to the Totino-Grace site, and it is a remnant of Pecks Woods. Mr. Peterson stated that staff contacted the DNR Heritage program. They had only one record•of a state-threatened species within one mile of the site, and that was a Blanding turtle. He felt that this site was not a suitable place for this turtle, as it does not provide any nesting habitat. He stated that only a small amount of wildlife was observed during.the field review. Ms. Dacy stated that the legal and environmental issues have been addressed, and she recommended the plat be referred back to. the Planning Commission. Councilman Schneider stated that one of the issues raised by the public was if the proposed development would damage Innsbruck Nature Center. Mr. Peterson stated that the two sites are part of one ecological unit separated by an open roadway. He stated that the degree in which they operate as a unit is difficult to state, as certain wildlife species will use the same sites and, there is a tendency for plants to spread from one site to the other. He stated that he did not see where development of the Totino-Grace `site would negatively affect the animal or plant species. Councilman Schneider stated that under the Minnesota Environmental Rights Act, an individual could bring a civil action to protect land or water resources, and if this development proceeds, who would the person or persons take action against. Mr. Herrick, Assistant City Attorney, stated that action would be brought against the owner and the property itself. Councilman Schneider asked if the Trust for Public Lands has begun the review process. Ms. Dacy stated it is her understanding that formal action by the Trust has not begun. She stated that they have not committed any funds at this time. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 7 Councilwoman Jorgenson asked how many votes would be required for the City to purchase this property. Mr. Herrick stated that since it is a non-budgeted item, it would require a four-fifths vote of the Council. Councilwoman Jorgenson asked if the Council was willing to consider the purchase of this property, what is process to be undertaken, and what commissions would be involved. Ms. Dacy stated that she is not aware of any specific process, but it would not be unusual for Council to refer this issue to their advisory commissions for input. Mr. Haluska, 5660 Arthur Street, stated that he sent a letter to the Council. He said that Friends of Innsbruck Park stand by their original position that the sites are ecologically linked. He stated that he is certain the analysis of the vegetation is thorough, but he felt the survey of the animal life was super- ficial. He stated that the two sites are dependent on each other to sustain any habitat for migrating species. He stated that the fact that most of the yards that adjoin the proposed development site are also wooded and contribute to the Totino-Grace woo.ds site was ignored. • Mr. Haluska stated that Friends of Innsbruck Park does not intend to take any steps towards litigation with the City. He stated that they want to see that the process proceeds in the proper manner. He also said that he appreciated everyone's efforts and concerns. Mr. Haluska felt that the question on how many sites in the City are similar, and if they have been ranked has not been addressed. He stated that he did not know what steps would be taken in regard to the Environmental Rights Act. He stated that Friends of Innsbruck Park stand by their original position, and this site needs to be preserved. He stated that Trust for Public Lands serves as a financing vehicle, but they buy property outright. He felt that this would not proceed unless the City shows some serious interest. Councilwoman Jorgenson stated that no decision has been made to acquire the property. Mr. Haluska stated that he understands, but he felt there were outside funding sources available. Ms. Dacy stated that it is staff's intention to find out as much information as possible so that this can be presented to the Council. FRIDLEY CITY COIINCIL MEETING OF JIILY 25 1994 PAGE 9 Councilman Billings stated that there are 24 acres of park land immediately adjacent to this site which has the same character- istics. He stated that if, in fact, as Mr. Haluska has suggested, the City was to rank the open spaces, it would be found that there are a number of open spaces that do not have a 24 acre park across the street, and this would be lower on his priorities. Councilwoman Schneider stated that he would agree with most of Councilman Billings' statements. He stated that the question is whether the adjacent property owners are willing to contribute, but this does not mean the Council can arbitrarily decide to contri- bute, but to consider if there is some possibility to acquire the land with a minimal contribution by the City. He felt that an argument can be made that there are some unique aspects to this property. He stated that he did not want to delay the plat process, but he felt the City could obtain figures, within the next month, in regard to funding in order to take action on the plat. He felt that the differentiation in this case is the willingness of residents to do something to preserve the area. Mayor Nee stated it is hoped that Council did not give any false assurances that the City would participate in any costs to acquire the property. He felt that if there was that possibility, he would expect there would have to be a special assessment district. He stated that he tends to agree with Councilman Billings' statements. Councilwoman Jorgenson stated that the cost is astronomical to acquire this property for park purposes. She stated that she is concerned about even considering acquisition of the property, and she did not think it is something that Council could take lightly. Councilwoman Bolkcom stated that she is in agreement with most of Councilman Bi�lings� remarks. Mr. Dave Sellergren, attorney for the applicant, stated that he concurs with staff recommendations and the City Attorney's report. He stated that he believes that the plat meets all the require- ments, and he wishes to proceed with the process that is normally followed for the plat. � UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive a letter dated July 20, 1994 from Mr. John Haluska, 5660 Arthur Street, Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 10 3. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JUNE 7 1994 (TABLED JULY 11, 1994): A. VARIANCE REQLIE5T, VAR #94-06, BY KIM MILLER OF MILLER FUNERAL HOME TO INCREASE THE AMOUNT OF FREE-STANDING SIGNAGE FROM 80 SQUARE FEET TO 88 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A FREE-STANDING SIGN, GENERALLY LOCATED AT 6210 HIGHWAY 65 N.E. Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this item was tabled at the last Council meeting so the petitioner could investi- gate an alternative sign. She stated that the petitioner has sub- mitted a plan for an eight square foot sign to be located along West Moore Lake Drive. She stated that this would reduce the original variance request from 98 square feet to 88 square feet. The sign on Highway 65 is 80 square feet, and this proposed sign is 8 square feet. She stated that this eight square foot sign equals the dimension of two, four square foot directional signs, which is permitted by the Sign Code. MOTION by Councilman Schneider to grant Variance Request, VAR #94-06, to increase the amount of free-standing signage from 80 square feet to 88 square feet (includes sign on Highway 65 and the Funeral Home Parking sign on West Moore Lake Drive). Seconded by �Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 4. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, stated that the public hearing has been held on this proposed ordinance amendment, and the first reading of the ordinance would be in order. Mr. Hunt stated that the Charter Commission has been reviewing this proposed amendment for almost four years, and it is a complete clean-up of this chapter. He stated that the major portions refer to election of councilmembers and also provide for restoration of the council in the event the membership of the council is reduced to two or less. He stated that the amendment provides for a special election to fill a vacancy and clarifies the Mayor's duties in line with the Council-Manager plan of government. MOTION by Councilwoman Jorgenson to waive the reading and approve the ordinance on first reading. Seconded by Councilman Schneider. Councilman Schneider stated that he still questions the language covering a vacancy that occurs in the years one through three of FRIDLEY CITY COUNCIL MEETING OF JOLY 25 1994 PAGE 11 a term. He stated that it is not clear if this is what the section refers to, and the Charter Commission at some future date should probably review it. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 5. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETTNG OF JULY 13, 1994• A. RESOLUTION NO 57-1994 APPROVING A SUBDIVISION LOT SPLIT, L S #94-02 TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS GENERALLY LOCATED AT 48TH AVENUE AND MAIN STREET (BY MURPHY WAREHOUSE COMPANY): Ms. Dacy, Community Development Director, stated that this is a request for a lot split generally located at 48th Avenue and Main Street. She stated that the property is vacant and is zoned M-2, heavy industrial. She stated that the size of the parcel is 19.72 acres. The petitioner is proposing to split the property into two parcels, one being 15.5 acres and the other 4.22 acres. She stated that the petitioner is proposing to construct a 265,482 square.foot warehouse. She stated that both lots exceed the minimum lot area requirement. Ms. Dacy stated that loading docks will be located on the north and south sides of the building with entry drives on these ends of the building. Ms. Dacy stated that there are three.ponds on the north, east, and south side of the property which will drain to the County's storm sewer system in Main Street. She stated that a bikeway/walkway easement will be required as part of this lot split. She stated that because of the size of this building, the petitioner is required to plant 265 trees. She stated that the ordinance provides for overall reduction if substantially larger trees are planted. Ms. Dacy stated that the Planning Commission recommended approval of the lot split with six stipulations. Councilwoman Bolkcom stated that it is her understanding that the company anticipates about thirty trucks per day at their facility. She stated that as far as parking, there is space for an additional 106 spaces. Ms. Dacy stated that they are currently providing on-site parking for ail their employees, but they have room to expand their parking as needed. Ms. Foster, Director of Real Estate Development of Opus, �ntroduced Mr. Richard Murphy, Jr., the petitioner. Ms. Foster stated that they are in agreement with the stipulations of the Planning Commission. She stated that after a further review of. the FRIDLEY CITY COIINCIL MEETING OF JULY 25, 1994 PAGE 12 landscaping requirements, they are prepared to work with staff through a combination of an increase in size of the landscaping materials, additional materials to meet the requirements of the ordinance, but not to request a variance. Mr. Murphy, Jr. stated that he looks forward to becoming a member of the c�mmunity on a more permanent basis. Mayor Nee asked Mr. Murphy if he felt that thirty trucks per day was realistic. Mr. Murphy stated that it is a fair assessment at this time. Councilman Billings asked where the bikeway/walkway easement was addressed. Ms. Dacy stated that this is covered in Scott Erickson's letter of July 13. Councilman Billings asked the location of the drainage easement. Ms. Dacy stated that the easement is along the entire east side of the property and is 67 feet wide. Councilwoman Bolkcom stated that she was glad that the petitioner can comply with the landscaping requirements. MOTION by Councilwoman Bolkcom to adopt Resolution No. 57-1994, with the following stipulations attached as Exhibit A: (1) the petitioner shall dedicate a 67 foot drainage and utility easement along the east property line; (2) an access easement shall be recorded over the spur line on the vacant parcel; (3) the owner shall notify the Community Development Department if use of the building changes from a warehouse to a manufacturing facility causing the need for additional parking; (4) the petitioner shall pay a park dedication fee of $15,529.14 at the time of building permit issuance; (5) the petitioner shall submit a revised plan in compliance with the landscape ordinance requirements prior to issuance of a building permit, or obtain a variance; and (6) the petitioner shall comply with the requirements in Scott Erickson's letter dated July 13, 1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of July 13, 1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF JULY 25� 1994 PAGE 13 6. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF JUNE 29, 1994• A. RESOLUTION NO. 58-1994 APPROVING A SUBDIVISION LOT SPLIT L.S. #94-01, TO SPLIT PROPERTY INTO TWO SEPARATE LOTS GENERALLY LOCATED AT 5400 FOURTH STREET N E (BY CHARLES WESTLING)• Councilman Billings asked that Council consider the next item which is a variance for this property before considering the lot split. MOTION by Councilman Billings to table this item until the variance request, VAR #94-10, is considered. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JULY 12, 1994• A. VARIANCE REOUEST, VAR #94-10 BY CHARLES WESTLING TO REDUCE � THE FRONT YARD SETBACK FROM 35 FEET TO 5 FEET TO ALLOW THE CONSTRUCTION OF A FIVE CAR GARAGE, AND FROM 35 FEET TO 18 FEET FOR CONSTRUCTION OF A FOUR-PLEX GENERALLY LOCATED AT 5400 FOURTH STREET N.E.: Ms. Dacy, Community Development Director, stated that this is a request for two variances. She stated that the petitioner is proposing to split this parcel into two lots. She stated that the lot is "double-fronted;" two property lines abut public rights-of- way. She stated that the "rear" property line diagonally abuts I-694. � Ms. Dacy stated that the Appeals Commission recommended approval of this variance with two stipulations, which she outlined. Councilman Billings stated that the Appeals Commission noted that there are five garages for the four-plex with one of the garages to be used for a shop. He stated that he does not have a problem with it being used for a shop as long as it is understood that it is a home workshop and not intended to be used for commercial purposes other than those purposes related to the four-plex. Ms. Dacy stated that the petitioner stated that the garage was for his home hobby, and he intended to live in the four-plex. She stated that it was conveyed to him that this garage would be for his personal use, and other permits would be needed if he intended to use this for a home occupation. Mr. Westling, the petitioner, stated that he currently resides at 125 76th Way, and now has a shop behind his garage. He stated that he makes woodworking items, and this garage would be exactly like the other except it would be insulated. FRIDLEY CITY COUNCIL MEETING OF JIILY 25, 1994 PAGE 14 Councilman Billings stated that from his calculations, it would appear that a variance to four feet is needed. Ms. Dacy stated that if only one additional foot is involved, she did not think changing this to four feet would be contrary to the Appeals Commission's decision. MOTION by Councilman Billings to grant Variance Request, VAR #94-10, to reduce the front yard setback from 35 feet to 5 feet to allow the construction of a five car garage, and from 35 feet to 18 feet, for construction of a four-plex, with the following stipulations: (i) Lot Split Request, L.S. #94-01, shall be approved; and (2) the petitioner shall provide a hard surface driveway by June 1, 1995. Seconded by Councilman Schneider. MOTION by Councilman Billings to amend Variance Request, VAR #94-10, by changing the wording to read: "to reduce the front yard setback from 35 feet to 4 feet for accessory buildings, and from 35 feet to 18 feet for dwelling structures along the westerly line to allow for the construction of a four-plex and a five car garage. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to add an additional stipulation to Variance Request, VAR #94-10, as follows: (3) any accessory buildings on the property are to be used for traditional residen- tial uses and, if one is used for a shop, that it is used for the maintenance of the four-plex, a hobby, and other miscellaneous purposes, but not to be construed to be used for a home occupation. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF JUNE 29, 1994: A. RESOLUTION NO. 58-1994 APPROVING A SUBDIVISION, LOT SPLIT L.S. #94-01, TO SPLIT PROPERTY INTO TWO SEPARATE LOTS, GENERALLY LOCATED AT 5400 FOURTH STREET N.E. (BY CHARLES WESTLING): Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this is a request for a lot split to split a triangular parcel located at the intersection of 54th Avenue and Fourth Street into two parcels. She stated that the Planning Commission recommended approval with five stipulations. Ms. Dacy stated that there was an issue regarding parking along Fourth Street brought up at the Appeals Commission meeting. She FRIDLEY CITY COIINCIL MEETTNG OF JULY 25. 1994 PAGE 15 stated that at this meeting, the public was advised that if "no parking" signs are to be installed, this would be a separate action by Council. She stated that adequate parking is proposed on site for this four-plex. MOTION by Councilman Billings to adopt Resolution No. 58-1994, with the follvwing stipulations attached as Exhibit A: (1) Variance Request, VAR #94-10, shall be approved; (2) the petitioner shall replace the existing curb cut when a new curb cut is installed; (3) SAC fees shall be paid at the time of building permit issuance; (4) the petitioner shall submit a grading and drainage plan prior to the issuance of a building permit; and (5) a park fee of $750.00 shall be paid at the issuance of a building permit. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE AN ITEM FROM THE° PLANNING COMMISSION MEETING OF JUNE 29, 1994• A. APPROVE CDBG FUNDING RECOMMENDATION FROM THE HUMAN RESOURCES COMMTSSION• AND RESOLUTION NO.. 59-1994 AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1994-1995 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Mr. Barg, Code Enforcement Officer, stated that the City received eleven applications for CDBG iunds. He stated that the Human Resources Commission has submitted a recommendation on the use of the $25,000 of funding the City will receive. Ms. Terrie Mau, Vice-Chair of the Human Resources Commission, reviewed those organizations recommended for funding. She stated that Alexandra House served 111 people in the Fridley area last year. She stated that Tamarisk Resources works with people at home who have a terminal illness rather than having them in hospital care. She stated that the Central Center for Family Resources is expanding their adolescent groups, and their charges are based on a person's ability to pay for services. Ms. Mau stated that North- west Suburban Kinship has volunteers that work with individual children similar to the Big Brothers organization. She stated that the Recreation Department's funding is for scholarships for children participating in the after school recreational programs. She stated that St. Philip's is offering an after school program for children. She stated that the Community Emergency Assistance Program served 906 families from Fridley. The CHAP store is staffed by volunteers, and served 93 families in Fridley last year. Councilwoman Jorgenson asked about the allocation to the City's Recreation Department for scholarships. FRIDLEY CITY COIINCIL MEETING OF JULY 25, 1994 PAGE 16 Mr. Kirk, Director of Recreation and Natural Resources, stated that the funds would be used for middle age youth to participate in the after school programs. He stated that in order for them to be eligible, they would have to meet income guidelines. He stated that these funds are not only used for activities through the City but for activities through the schools and in neighboring communi- ties if someone wishes to participate. Councilwoman Jorgenson asked whether the City provided scholarships for the recreational programs and whether $5,000 was needed. Mr. Kirk stated that the City does adjust the fees and waives certain fees for selected activities. He stated that there was a pilot program this year in which $1,000 was spent very quickly. He felt that there are a lot of students that can use the scholar- ships once they find out that this funding is available. Councilwoman Jorgenson asked if the Recreation Department was working with Kevin Thomas, Youth Outreach Worker, on this program. Mr. Kirk stated that they are working closely with Kevin and the middle school youth. He expects that Mr. Thomas will be a good resource and a good promoter for use of these funds. MoTION by Councilman Schneider to concur with Human Resources Commission recommendation for CDBG funding, as presented, and to adopt Resolution No. 59-1994. Seconded by Councilwoman Bolkcom. Ms. Kathy Sanders, representing ARC, stated that their organization assists children with.disabilities to enable them to attend camp. She stated that it is difficult to obtain funding, and persons have had to be turned away. She stated that seven persons in Fridley received assistance this year, and the cost for camp is about $350 to $400 for a week. Mr. Barg stated that because ARC did not receive any funding, it is not a reflection on their organization, but it came down to the number of people they serve. Ms. Mau stated that in determining who receives funding, one of the guidelines is the issue of which organizations serve the most people. Ms. Gretchen Hansen, Tamarisk Resources, thanked Council for the funding. She stated that their organization is very proud of their accomplishments in the City. Without the funding they could not have trained the 35 volunteers. She stated that their volunteers go into the homes and help those in the community who are dealing with a terminal illness. She stated that their original goal was to establish a residential facility, but funds were not available. She stated that they do not charge for their services, and they helped over one hundred people last year. FRZDLEY CITY COUNCIL MEETING OF JULY 25 1994 PAGE 17 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that he has a problem with the City applying for these funds, because he felt the City is unfairly competing with the other programs. Councilman Billings stated that he would like to thank the Human Resources Commission for all their work. He stated that this is a difficult task and very hard decisions when all these requests are received for funding. He felt that almost all the requests are deserving, but there just are not enough funds. He stated that he respects the work of the Human Resources Commission in reaching their decisions. 9. APPROVE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND INDEPENDENT SCHOOL DISTRICT NO I4 �"A" FRAME BUILDING. NORTH INNSBRUCK PARK): Mr. Pribyl, Finance Director, stated that this is for renewal of the lease agreement for the "A" frame building at North Innsbruck Park. He stated that the lease would run from September 1, 1994 through May 31, 1995. MOTION by Councilman Schneider to approve the lease agreement from September 1, 1994 through May:31, 1995 and authorize the Mayor to execute this agreement. Seconded by Councilwoman Bolkcom. Councilwoman Jorgenson felt that the Police Department should be aware of some of the activities that take place at this site. Councilman Schneider felt that the City should look at the cost for maintaining the building, and if the City should keep this structure. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 60-1994 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND CABLE T V FUND GRANT MANAGEMENT FUND, HRA REIMBURSEMENT FUND DRUG AND GAMBLING FORFEITURE FUND, HRA HOUSING FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR 1993• Mr. Pribyl, Finance Director, stated that this resolution amends appropriations to the 1993 budget. He stated that these adjustments have arisen as a result of donations, unforeseen expenditures, auditor adjustments, and items budgeted in the incorrect categories. FRIDLEY CITY COUNCIL MEETING OF JULY 25. 1994 PAGE 18 MOTION by Councilwoman Jorgenson to adopt Resolution No. 60-1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 61-1994 ESTABLISHING A SOLID WASTE ABATEMENT FUND : Mr. Pribyl, Finance Director, stated that this is a housecleaning item. He stated that in 1991, a special revenue fund was created for the recycling program. He stated that under Minnesota Statute Section 115A.929 as amended in 1993, the City must account for all revenues collected for waste management fees separately from other revenue collected by the City. MOTION by Councilman Schneider to adopt Resolution No. 61-1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RECEIVE AND REJECT BIDS ON PERSONAL COMPUTERS FOR THE CITY OF FRIDLEY• MOTION by Councilman Schneider to receive the foilowing bids for personal computers: . � Bidder Total Bid Ameridata $73,511.00 PC Solutions $57,788.00 PC Tailors $37,954.00 Further, to reject all bids and authorize re-advertising for bids. Seconded by Councilman Billings. Mr. Pribyl, Finance Director, stated that the Information Systems Committee has been meeting, assembling a five-year computer plan, and compiling specifications for replacing the outdated personal computers. He stated that twelve bid specifications were mailed, and only three bids were received. He stated that two companies bid equipment that was less than specified, and another company bid superior equipment and was over the budgeted amount for personal computer replacement. He stated that the Information Systems Committee staff is recommending that the bids be rejected and that the City re-advertise for these personal computers. Councilman Schneider stated that he received a copy of the bid specifications, and it is about thirty pages in length. He stated that he has to believe that many vendors did not bid based on the complexity of the specifications. He felt that the bid specifications should be simplified. FRIDLEY CITY COIINCIL MEETING OF JIILY 25, 1994 PAGE 19 Mr. Pribyl stated that the maintenance agreements are very loose, and some of the response times were grossly inadequate. Councilman Billings stated that he would assume one of the goals is to get computers that are the same so a person could use any computer that is available. UPON. A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee deciared the motion carried unanimously. 13. RECEIVE BIDS AND AWARD CONTRACT FOR STINSON.BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 1993-7: 0 MOTION by Councilman Billings to receive the following bids for Street Improvement Project No. ST. 1993-7: Bidder W.B. Miller, Inc. 6701 Norris Lake Rd. NW Elk River, MN 55330 Northwest Asphalt 1451 County Road 18 Shakopee, MN 55379 FM Frattalove 3066 Spruce St. St. Paul, MN 55117 Midwest Asphalt Corp. 6350 Industrial Drive Eden Prairie, MN 55346 Master Asphalt 10939 89th Ave. N. Maple Grove, MN 55369 Hardrives, Inc. 9724 10th Ave. N. Plymouth, MN 55441 C.S. McCrossan Box 1240 Maple Grove, MN 55311 Total Bid $236,594.05 $274,209.77 $279,2$5.95 $289,169.55 $295,754.34 $304,819.70 $334,905.45 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that the low bidder was W.B. Miller, Inc., and it is recommended that the bid be awarded to them in the amount of $236,594.05. FRIDLEY CITY COUNCIL MEETING OF JIILY 25, 1994 PAGE 20 MOTION by Councilman Schneider to award the contract for Stinson Boulevard Street Improvement Project No. ST. 1993-7 to the low bidder, W.B. Miller, Inc. in the amount of $236,594.05. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. APPROVE CHANGE ORDER NOS. 3 AND 4 FOR TCAAP INTERCONNECTION PIPE LINE PROJECT NO. 248: Mr. Flora, Public Works Director, stated that these change orders are for milling, patching the streets, and re-striping Gardena Avenue. MOTION by Councilman Schneider to authorize Change Order Nos. 3 and 4 for the TCAAP Interconnect Pipe Line Project No. 248 with Kenko, Inc. in the•amount of�$5,000 for Change Order No. 3 and for $5,805 for Change Order No. 4. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 16. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that he wished to recommend Kelvin Odenthal for appointment as a Mechanic at the City garage. He stated that Mr. Odenthal is certified in diesel and truck and trailer mechanics. He also reviewed Mr. Odenthal's previous work history as a shop supervisor and a shop field mechanic. MOTION by Councilman Schneider to concur with the following appointment by the City Manager: , Name Position Kelvin Mechanic Odenthal Level A Non-Exempt Starting Salarv $14.16 per hour Starting Date Aug. 1, 1994 Replaces Ronald Mortenson Seconded by Councilwoman Jorg�nson. Upon a veice vote, all votin� aye, Mayor Nee declared the motion.carried unanimously. 17. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claim Nos. 56636 through 56881. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF JIILY 25. 1994 PAGE 21 18. LICENSES• MOTION by Councilwoman Jorgenson to approve the license as sub- mitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of June, 1994 . . . . . . . . . . . . . . . . $ 4,793.22 NewMech Companies, Inc. 1633 Eustis Street St. Paul, MN 55108 Locke Park Water Filter Plan Project No. 240 Estimate No. 7 . . . . . . . . . . . . . . . $24, 367.50 Automatic Systems Co., Inc. P.O. Box 120359 St. Paul, MN 55112 Supervisory Control & Data Acquisition System (TCAAP) Project No. 259 Payment No . 4 . . . . . . . . . . . . . . . . $ 8 , 4 9 0 . 15 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. SET SPECIAL COUNCIL MEETING FOR NOVEMBER 14. 1994 TO RECEIVE THE CANVASS FROM THE ELECTION: Mayor Nee stated that Council will not have a regularly scheduled Council meeting within the seven days required for receiving the canvass of the election and asked that the November 14, 1994 Council conference meeting be scheduled as a special Council meeting. MOTION by Councilman Schneider to schedule the November 14, 1994 meeting as a Special Council Meeting and give the appropriate FRIDLEY CITY COUNCIL MEETING OF JULY 25 1994 PAGE 22 notice. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 25, 1994 adjourned at 10:55 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor � _ CITYOF FRIDLEY MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridiey, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 Memo to: William W. Burns, City From: subject: Date: William C. Hunt Assistant to the City Manager Manaqer �� William C. Hunt, Assistant to the City ManaqerD�� , Second Reading of Ordinance Amendinq Chapter 2 and Section 4.04 of the Fridley City Charter Jul.y 26, 1994 Following approval on first reading of the ordinance amending Chapter 2 and Section 4.04 of the Fridley City Charter on July 25, 1994, it is in order to schedule the second reading of the amending ordinance for the Council meeti.ng of August 1, 1994. According to Minnesota Statutes 410.12, Subd. 7, the ordinance "shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks' publication notice containing the text of the proposed amendment and sha.11 be approved by the mayor and published as in the case of other ordinances." There is no provision in the statute which would allow the Council to alter the amendment proposed by the Charter Commission. It is -a straight up or down vote. A concern has been raised as to whether the proposed text provides for elections to vacancies which occur in the first three years.of a term.. An amendment proposed in July of 1993 had the following language for Section 2.06.02: If a vacancy is declared to occur in the fourth year of the term of office in question, but before filings for the office in question are closed, the Council shall call a special election to be held . . . . Because this language left in doubt what the course of action should be if a vacancy occurred prior to the fourth year of the term of office in question, the Charter Commission revised the proposed amendment to read as follows: If a vacancy is declared to occur before filings for the next election of the office in question are closed, the Council shall call a special election to be held .... Both versions went on to make provisions for a vacancy which is declared to occur "in the fourth year of the term of offi�ce after filings for the office in question are closed, but before October 1" (Section 2.06.04) and "on or after October 1 of the fourth year of the term" (Section 2.06.04). Memorandum to William W. Burns Second Reading of Ordinance Amending Chapter 2 and Section 4.04 of the Fridley City Charter July 26, 1994 Page Two I think that in the legislative context the meaning of the proposed Section 2.06.02 is clear. However, it might not be clear to someone reading this section for the first time. Perhaps the Charter Commission could submit a further amendment at some future date which would read somewhat as follows: If a vacancy is declared to occur at anv time in the four vear term before filings for the next election of the office in question are closed, the Council shall call a special election to be held . . . . I will present this to the Charter Commissioners for consideration at their September meeting. c: Terrie M. Mau, Chairperson, Fridley Charter Commission Fridley Charter Commissioners ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 2 CITY COUNCIL ORGANIZATION Section 2.01. COUNCIL-MANAGER PLAN IMPLEMENTATION: 1. The form of government established by this Charter shall be known as the "Council-Manager Plan" pursuant to Minnesota Statutes. (Ref. Ord. ) 2. All discretionary powers of the City, both legislative and executive, shall vest in and be exercised by the City Council. It shall have complete control over the City administration, but shall exercise this control exclusively through the City Manager and shall not itself attempt to perform any administrative duties. (Ref. Ord. ) 3. The Council shall perform the duties and exercise the powers of all City boards and commissions except as =�otherwise provided by statute or by this charter. It may by ordinance create commissions with advisory powers to investigate any subject of interest to the municipality. (Ref. Ord. ) 4. The Council shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem affecting the City or its inhabitants. Each such investigation shall be authorized by resolution of the Council. (Ref. Ord. ) 5. Any member of the Council may request in writing any specific information relating to any department via the City Manager. The City Manager shall respond in writing within a reasonable period of time. (Ref. Ord. 592, Ref. Ord. ) 6. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative services solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. (Ref. Ord. ) 1�-� Section 2.02. ELECTIVE OFFICERS. 1. 2. 3. 4. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters. (Ref. Ord. ) The Mayor shall be elected at large in each United States presidential election year to a term of four (4) years. (Ref. Ord. ) One (1) Councilmember shall be elected at large in each United States presidential election year to a term of four (4) years. (Ref. Ord. ) Three (3) Councilmembers shall be elected in each Minnesota gubernatorial election year from three (3) separate Wards of the City to terms of four (4) years each. (Ref. Ord. ) 5.. The term of Mayor and of each Councilmember shall begin on the first day of January following their election to offiee and shall end on December 31 of the last year of the term. The incumbent may remain in office until a successor has been duly qualified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. (Ref. Ord. ) 6: The Council shall be the judge of the election of its members. (Ref. Ord. ) Section 2.03. THE MAYOR. ;,5 1. The Mayor shall be the presiding officer of the Council, except that a mayor pro tem shall be chosen from the remaining Councilmembers to serve at the pleasure of the Council, who shall act as Mayor in case of the Mayor's tempo.rary disability or absence from the City. (Ref. Ord. ) 2. The Mayor shall vote as a member of the Council. (Ref. Ord. ) 3. The Mayor shall exercise all powers and perform all duties conferred and imposed by this Charter, the ordinances of the. City and the laws of the State. (Ref. Ord. ) 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. (Ref. Ord. ) 5. At the direction of the Council the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. (Ref. Ord. ) 6. In time of public danger or emergency the Mayor may take command of the police, maintain order and enforce the law. 1C. Council consent shall be obtained when practicable. (Ref. Ord. ) Section 2.04. WARD COUNCILMEMBERS. l. The City is divided into three (3) separate election Wards designated as Ward 1, Ward 2, and Ward 3. (Ref. Ord. ) 2. A Ward Councilmember must be a resident of such ward. If the Ward Councilmember ceases to be a resident of the ward, then that office shall be declared vacant. However, a change in ward boundaries during the term of office shall not disqualify the Councilmember from completing the term. (Ref. Ord. ) 3. The boundaries of the three (3) wards shall be redetermined from time to time by ordinances duly adopted by the Council, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than three percent (3%) from the average of the three (3) wards. (Ref. Ord. ) 4. After each decennial census of the United States, the Council shall redetermine ward boundaries. This redetermination of ward boundaries shall be accomplished within the deadlines established by Minnesota law. If no deadlines are established by law, then redistricting must be completed no less than one hundred (100) days prior to the legally determined date of the municipal primary of the year ending in the digit two (2) . If further redistricting is�necessary, as determined by the Council, the adoption of the new boundaries shall be prohibited during the time period from ninety (90) days befare a primary election up to and including the day of the general election in the same year. Any prohibitions stated in the Minnesota state statutes pertaining to the adoption of the new boundaries shall also apply. (Ref: Ord. ) Section 2.05. DISQUALIFICATION FOR APPOINTIVE OFFICE. No incumbent member of the Council shall be appointed acting or permanent City Manager, nor shall any member hold any other paid municipal office or employment under the City; and no former member shall be appointed to any paid office or employment under the City until one (1) year after leaving office. (Ref. Ord. ) Section 2.06. VACANCIES IN THE COUNCIL. 1. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from. office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after their qualification, or by reason of the failure of any councilmember without good cause to perform any of the duties of inembership in the Council for a period of three (3) months. In each such case, within thirty (30) 1D days the Council shall by resolution declare a vacancy to exist. (Ref. Ord. ) 2. If a vacancy is declared to occur before filings for the next election of the office in question are closed, the Council shall call a special election to be held not less than thirty (30) days nor more than sixty-five (65) days from the time such vacancy is declared. The Council shall designate a period of eight (8) to twelve (12) consecutive working days for the purpose of filing nomination petitions in accordance with Section 4.06. (Ref. Ord. ) 3. In the case of a special election to fill the vacancy, the procedure provided in Section 4.03, Primary Elections, and Section 4.04, Special Elections, shall be followed except for the scheduling of election dates, which must be within the time frame specified here. The winner of said election shall be qualified and take office immediately upon certification by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. ) 4. If the vacancy is declared to occur in the fourth year of the term of office after filings for the office in question are closed, but before October 1, the Council shall appoint � [within thirty (30) days of the vacancy declaration] by majority vote a qualified citizen who has not filed for any municipal office in the general election in question. The appointee shall assume the offi.ce immediately and complete the unexpired term. (Ref. Ord. ) 5. If the vacancy is declared to occur on or after October 1 of the fourth year of the term, the winner of the general election shall be qualified and take office immediately. If the winner of the general election cannot take office due to. reasons indicated in Section 2.06.0'l above, the Council shall declare a vacancy and order a special election as provided for in Sections 2.06.02 and 2.06.03 above. The person so elected shall serve out any of the remainder of the unexpired term as well as the full four year term. (Ref. Ord. ) 6, if the Mayor's position is declared vacant, the Councilmember- at-Large shall serve as Mayor until the vacancy is filled. (Ref. Ord. ) 7. If at any time the membership of the Council is reduced to less than three (3) members, the City Manager shall order a special election after the manner provided in Sections 2.06.02, and 2.06.03 above to bring the membership of the Council up to five (5). (Ref. Special Election 3/25/75, Ord. 776, Ord. 857, Ord. ) 8. If the position af City Manager is vacant, the City Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judge of District Court of the State of Minnesota within whose jurisdiction the corporate offices of the City of Fridley lie shall order such an election. (Ref. Ord. ) 1E 5ection 2.07. SALARIES AND EXPENSES. The Mayor and each Councilmember shall receive reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November 1st of the year preceding payment of the same. When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. The City Manager and all subordinate officers and employees of the CIty shall receive such reasonable compensation as may be fixed by the Council. (Ref. Ord. ) CHAPTER 4 NOMINATIONS AND ELECTIONS Section 4.04. SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide aIl means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. Special elections for vacancies in the City Council shall be held in accordance with the provisions of Section 2.06. (Ref. Ord. ) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: July 11, 1994 First Reading: July 25, 1994 Second Reading: IF WILLIAM J. NEE - MAYOR � _ � I Community Development Department PI,,ANNING DIVISION City of Fridley DATE: July 28, 1994 n � iY TO: William Burns, City Manager� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #94-08, by Wayne Dahl; 177 Hartman Circle N.E. � � The City Council voted 3:2 to reconsider its decision regarding variance request, VAR #94-08. Attached please find the staff report, the Appeals Commission meeting minutes of June 7,.1994, the City Council meeting minutes of June 20, 1994, a letter from the Department of Natural Resources dated June 20, 1994, letters from Susan Miskowic and Neil & Connie Hayford dated June 7, 1994, a letter from Judy & Dean Yorston dated July 25, 1994, and a letter from David Ulel dated July 17, 1994. Also attached are photographs submitted by the petitioner, Wayne Dahl. The variance request is in two parts: 1. 2. MM/ dn M-94-400 To reduce the setback from the Mississippi River bluff line from 40 feet to 1.5 feet. To allow construction of an accessory structure in the front yard. r _ _ - � STAFF REPORT Community Development Department APPLICATION NIIMBLR: ♦ VAR #94-08 PETITIONER• ♦ Wayne Dahl LOCATION• Appeals Cominission Date Planning Commission Date City Council Date June 7, 1994 June 20, 1994 ♦ 177 Hartman Circle; the property is zoned R-1, Single Family and abuts the Mississippi River. REOUEST• ♦ Reduce the setback from the Mississippi bluff line from 40 feet to 1.5 feet. Allow construction of an accessory structure in the front yard. ':;rt The petitioner is proposing to construct an eight foot by 15 foot storage building to store lawn maintenance equipment. The petitioner stated the following reason for the variance and hardship: "Lot location/shape and river/creek grade of lot° . BACRGROIIND• ♦ The City issued a stop work order to the petitioner on May 20, 1994 when it was reported that a building pexmit had not been issued for the structure (see letter dated May 20, 1994). The original dwelling was constructed in 1957. Several additions have been constructed. The O-2 Overlay District was adopted in 1977. ANALYSIS: ♦ Bluff 5etback Section 205.25.08.C.(1) of the Fridley City Code requires that all new structures and uses shall be placed not less than 40 feet from the top of the bluffline overlooking the Mississippi River. 2A \ l Staff Report VAR #94-08, 177 Hartman Circle N.E, by Wayne Dahl Page 2 The public purpose served by this requirement is as follows: a. To protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety, and welfare of the citizens of the state, region,.and nation; �� c. To prevent and mitigate irreversible damage to this state, regional, and national resource; To preserve and enhance its natural, aesthetic, cultural, and historic value for the pub].ic use; d. To protect and preserve the river as an essential element in the national, state, and regional transportation, sewer and water, and recreational system; and e. To protect and preserve the biological and ecological functions of the Mississippi River Corridor. 5ection 205.25 of the O-2 Overlay District requires that all accessory structures be located 40 feet from the bluff line overlooking the Mississippi River. The petitioner is proposing to construct the storage structure at the bluff line. Tall arborvitae shrubs would border the structure on the east side. The petitioner's home is setback 100 feet from Hartman Circle. The garage is on west side of the home toward the River. The home is approximately 30-34 feet from the bluff line. Adequate room to the south and east sides of the home exists to construct the storage structure. Because the yard slopes to the south, access is more difficult, but it is possible. The structure could be located in the side yard and to the south of the existing home in compliance with the setback requirements. The City previously granted a similar variance for a gazebo to 5 feet from the bluff line, however, a variance to 1.5 feet has not been granted and is beyond that which was previously granted. Staff, therefore recommends denial of this request. : ' � � Staff Report VAR #94-08, 177 Hartman Circle N.E, by Wayne Dahl Page 3 ♦ Front Yard Location Section 205.04.05.B of the Fridley .City Code requires that accessory buildings and structures shall be permitted in the rear and side yards only. Public purpose served by this requirement is provide desired front yard space to be used for green areas and to add to the attractability of a residential district. Section 205.04.05.B requires all accessory structures to be located in the side or rear yards. The location of the dwelling serves to define the yards in a unique manner. While the north lot line is a"side" lot line, the location of the dwelling causes the "side" yard to function as a front yard. As was pointed out earlier, there is room, however, to meet the code requirement. There also appears to be room adjacent to the garage to construct the structure, however, a variance to the bluff line setback would need to be granted. The City has not received a previous request to allow an accessory structure in the front yard. RECOMMENDATION/STIPQLATIONS: ♦ Staff recommends denial of the request as it- exceeds previously granted variances. If the Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations: 1. The petitioner shall apply for and receive a building permit. ' 2. The storage structure shall not be located in the drainage easement located along the north lot lirie. APPEALS COMMISSION ACTiON ♦ The Appeals Commission voted unanimously to recommend denial of the variance request to the City Council. CITY COQNCIL RECOMMENDATION ♦ Staff recommends that the City Council concur with the Appeals Commission action. 2V a � � . • ■� i , 1 VAR ��94-OS r"` �'dayne Dahl l 12 Gqo.�. �C� �. y%�N� � +'; -�r��<9) �oY�a ,� .�.-_ ' .�! �rrre•_ -- _ ' % S wwrt�`� � U � � M.0 5 • ---699. . . � " � /(% B� dJ � 8 , til a `�• ;��`8� ;� dil-' /49 �.I/S 1 1 I/��, � � R a u ', � .� �i w e. . - � `' �t9 E ' ��', � � �'�� - � � �., `' � �� yol .o . �? u `8 �� ` � 11 s o , ;h � .. ; .ti� `a, , ,�, ; I ,�;�-,� . �a�u��, � �: =s. o Y �. ti:P. E•'t'e'X! e � � � -,.�� ,,;� � � .,; � �� i,y.�, tl�9 t � �y�{�1� ..t�.N ;`. �!. -- -- � � ` '.0 u . . . : . �.yo::' x - �. 4b . ,� N.IJ'I!'Oi� a � �i � ' �rr.n .•as m iaa, . E J�.�j/ te ��'� 1i��(i � 'j .'� ` / y�� * �:�,»�_�. w a-a0 I ��l.s� r ��'}`•ff-JV 7 O �' �. /S -f " � ' �'P' So _�f.MN N�/t A' �J� '' � , � y� A'J/H 1��9 �O ;" . � cs�' � � l� B � � N.�x�..� � . ' I�l� ��,�" � A � �� o � .�„ � 1 ? � �,� t�, ,. 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' � wti F% li � � 1g ��` i Q N � �?a�.. l `L%: r ��t�� • r :�r�, �, _ i UNTY ' � I a �'�> _ �1 � �,�„ z� \ C� 13 � 1D � ;� ��, 1 ,i � r'' a I �-'� � � d J �7 0 , / z � . � ` `7S ,� . , � : ' %:� ; `� '" ., �'" � , .� � . n LOCATION MAP � � �� i % VAR ��94-08 � � Wayne Dahl W 1 � � DlSTRICT q-i ONE FAMILY OWC"5 ❑ p-1 TWp GpMILY OWC'S � q-� CEN, MULTIPIE DWG'S 0 q-� MOBILE HOME PANK ❑ P PU9LIC F4CILITIES O C-1 IOCAL BUSINE55 ❑ C-2 GENEflA� BUSINE55 0 ^ ' GENERAL SHOVPING � G£NERAL OFFICE ❑ 2E M-1 LIGNTINDUSTflIAL � Q M-2 �NEAVYINOUSTNIAI � � PUU O��pNN£O UNf7 DEV. � � 5-f NYDE PFRK NEICH80NN000 ❑ 5-2 HEOEVELOPNENT DISTPICT � �-: CAEEN 8 RIV£R PPESERVqT10N � O-2 Cq1TICAL AREA � � VACATEO SiqEETS �� ZOIVING MAP� VAR 4� 94-08 Wayne Dahl _.__ _ __�__...,, ��.��.�� _�� x KI�A`�1 �11A11�YlA1Q. M11C. � . ! +QO) J�is�l�tolr ft. M.�- ' CQLtWMA Nt1(iN1°� iM�t . )� � i�Y Mwt�► *N�: � wrww+r. 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PAUL, MN 55106��E No. 772-7910 June 20, 1994 Mr. Wayne Dahl 177 Hartman Circle Fridley, MN 55432 RE: STORAGE SHED SETBACK, MISSISSIPPI RIVER, CITY OF FRIDLEY, ANOKA COUNTY Dear Mr. Dahl: At your request I have reviewed the materials you have supplied regarding your application to the City for a bluffline setback. I offer the following conuments: We have typically not considered storage sheds as structures requiring setbacks if they are without foundations, no grading is required for their placement, and are 200 square feet or less in size. We consider them to be similar in nature to children's playsets. Therefore, the DepartYaent will not object to a variance issued for the placement of the shed. . It appears that the shed will be well screened from the river with the existing vegetation and with the additional trees you propose. If, in the future, the shed should become less well screened, I would recommend that vegetative screening be replaced or`the shed moved farther from the river and bluffline. Thank you for the opportunity to comment. Please feel free to call if you have any questions. • Sincerely, / D`-j� Tom Hove Area Hydrologist c: City of Fridley, Michelle McPherson 2K AN EQUAI. OPPORTUNITY EMPLOYER � Suzaruie Miskowi.c 153 Harbnan Cinc(e Fi-idley, MN 55432 �� /99� , �� , , �� - � � �r � � . . �� .. . ''4��%'icrK/ / 7'� � . . �� , ��4�� . ! ± �f o I �. _ � : � . ' .. . ' . I . . . . .:� N �: . �: �� ,fj�I� �/' j�� . �,�%� j, '�i2� �`�� G�/�.c�;_ r ;'. . � , � , : :�� i:��—o�; .�'�;';�� `��•�, ��rJ . �� ` — �%�� = � � a . ;� + - ' L�/.�C/i �" ' ' Y` � �r^� . '� � �/!/� 6%� i ��2�"! ~,i2�� r � � '�; f ,-, v � � . ��. , *. , .. ..-�i�`� � . � G2� , ��2�ec'.� � t� / �-v' , � ' :, .. . _ _ �`.,' ;. /f� � , : � . , i!li�� / � • _ � ��`,�� f G�� s .�`y., _ � � � , � y " f ��,l.Q� . > UI - . � ,% e�yh�C� [�!'�l�Q� / � � � , `�]�' . L�� f/ �� G��61J � _ .. . � f.r . � � i . . LiU'��// �/ �i �G�•4, , -�%� �G, L� f �( - -*�%�� ` � ��1 , fi6�P�L'G� � ��__GZ� � �f"' �2� � i � `. �� e��c•'�� r � �.�%/ �G-E� P/� �� h� , ��C�i �� `� ' I, �./ � h� , CC� �`—Y � ' ! � i , , .�� , � . � _ � � _2L� , ' ��- � �y'r� - � June 7, 1994 � To the Appeals Commission, Planning Commission and City of Fridley: Re: Variance Request, Var ## 94-08, by Wayne Dahl We have reviewed the request for variance made by our neighbor Wayne Dahl. Our response to that request follows: * Reducing the bluffline setback from 40' to 0'. This request is not in harmony with the comprehensive management plan developed by the Mississippi River. Coordinating Commission, a commission mandated by Congress and appointed in 1990 to assist local governments in the management of orderly development along the river corridor (Draft Comprehensive Management Plan Environmental Impact Statement, 1993). The. recommended bluffline preservation setback by �he Commission and the City of Fridle}r is 40'. Approval to construct an accessory building at the bluffline would set a precedence in our neighborhood, in Fridley, and along the river elsewhere=-totally.ignoring the planned development guidelines set �orth by the Commission to help preserve the natural resources,of the river. * Construction.of an accessory building in the front yard:. Lot 20 is the largest lot'in our neighborhood. ;Numerous other locations exist for the placement of a s�orage building on this lot that. do not require a request for variance. There is �o hardship. * Existing framework for the partially.constructed accessory building currently sits four inches from the northerly line of lot 20. No request for a variance from that 1 ine is included. * There are no existing accessory buildings in the Hartman Circle neighborhood placed on the bluffline, or in a front yard. Our recommendation to the Appeals Commission, Planning Commission and the City of Fridley is to deny this request for variance by Wayne Dahl, based on the above conditions. Sincerely, Neal Hay -ord Connie Lane 173 Hartman Circle Fridley, NIl�T 55432 � � ��1.t�l.A.-�-� 2M � l � FRIDLEY CITY COUNCIL MEETING OF JUNE 20. 1994 PAGE 35 Councilwoman Bolkcom stated that she. is also concerned abou outside appearance..of the store. � , / MOTION by Councilwoman Bolkcom to concur with the rec mendation of the Appeals Commission and grant Variance Request VAR #94-07, with the following stipulations: (1) the pavemen in the access area immediateiy around the loacling docks shall e strengthened; (2) the loading dock on the south wall sh 1 be screened by creating.a planting bed:.as drawn on the ndscape plan. The planting bed shall include the following m erials: (a) 7-6' Black Hills Spruce planted 15 �eet on.center• (b) two groups of 5-2" caliper Hackberry pTanted 15 feet on c ter; (c) 5-2-1%2" caliper Autumn Purple Ash planted 50 feet o center. The planting bed shall be edged by a six�inch concre curb and shall. be sodded and irrigated. These materials shall e installed�by Octob�r 1, 1994; (3) the petitioner shall submit phased improvement plan indica- ting the time schedule for.._imp ovement of.the pavement, repair o.f the fenae, and ac�ditional � ndscaping along the �south and east property lines by July 15, 994; (4) the petitioner shall submit � a bond to .cover the cost . f tiie outdoor impr-oveinents for. Sti�pula- tion Numbers 2 and 3 b uly_15, 1994. - The bond will be held by the Gity until all the mproyements are completed; and (5j a direc- tional signage and vement marking plan should be submitted by July 15, 1994, to efine loading dock access/areas. Signage and paving marking s 11 be completed by August 1, 1994. Seconded by Councilman Schn der_ MOTION by Co ncilman Billings to amend the above motion�;by adding Stipulatio No. 6 as follows: (6) petitioner shall subinit a plan for gener maintenance of the parking areas on the east and north sides o the building prior to July 15, 1994. Seconded by Cauncil- woman orgenson. Upon a voice vote, all voting aye, Mayor Nee decl ed the motion carried unanimously. ON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and yor Nee declared the motion carried unanimously. C. VARIANCE REQUEST, VAR #94-08 BY WAYNE DAHL TO REDUCE THE SETBACK FROM THE TOP OF THE BLUFFLINE OVERLOOKING THE MISSISSIPPI RIVER FROM 40 FEET TO 1.5 FEET AND TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD ALL TO ALLOW THE CONSTRUCTION OF AN 8 FOOT BY 15 FOOT STORAGE SHED GENERALLY LOCATED AT 177 HARTMAN CIRCLE N.E.: Ms. McPherson, Planning Assistant, stated that this is a request for a variance to reduce the setback from the top of the bluff line overlooking the Mississippi River from 40 feet to 1.5 feet and to allow the construction of an accessory structure in the front yard. She stated that the Appeals Commission recommended denial of this request. She stated that there was testimony given at the Cvmmis- sion meeting from a number of surrounding property owners who were opposed to this variance. 2N FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 36 � Mr: Neal Hayford, 173 Hartma-n Circle, stated that he:was strongly opposed to.thi� variance. He�s.tated that the storage shed should r�ot be�'bui�lt in� the� front y�rd.• H�e. s�ated t�at� if .i;t- -is �moyed `awa'y � �� from. the property line .to �meet tfie five foot setback requirem�nt, it would be visible to those across the river and canoeists and boaters. He stated that the petitioner has one of the largest lots in the.area, there.is plenty of room to construct this shed, and he felt there is �o hardship.. He stated that there were neighbors who were - at the . meeting but l�eft due to the late �hour. .. He sub- mitted � a m�morandum °to the�. CounciT dated June �20 � from -property owners at 170 �and 185 Hartman Circle in opposition to this variance . • . . . . . MOTION by Councilman Schneider 1994 from the property:owners opposition �to. this �variance.. upon a voice vote, al�l voting carried unariimously.. : . � � _ . to receive the memo dated June 20, at 170 and 185 Hartman Circle in . Seeonded. by. Councilwoman-.�Balkcom. aye, Mayor Nee declared the motion Dr. Dahl, the petiti'oner., sta�ed that this.structure is a_sma11 stbrage shed,, 8�fe�t by 15 �feet.� � iie� stated �that he� is r•equesting the variance b�cause he has no other alternative. He stated that the strucfiure will be_completely screened and=totally invisible,- He felt that�_the l.ocation he chbse is the most discreet. Dr. Dahl -presented photog-raphs of accessory buildings along the Mississippi River;"which are visible to boaters. He stated that the DNR has a different definition of bluff line. He presented a letter from Mr.-Hovey, Hydralogist, with the DNR. �. Mr. Hovey indicated in his letter that the DNR has not typically considered storage sheds as structures requiring setbacks i:f they are without foundations, no grading is required for their placement, and they are 200 square feet or less in size. Dr. Dahl stated that if the storage shed was placed on the east side of his home, it definitely would be very visible from the street and would be about 120 feet from his existing driveway. He stated that this would make it less accessible and would be directly in front of his neighbor's kitchen window. He stated that if it was located in back of the home, it would also require a variance from the bluff line. Dr. Dahl stated that he wanted to construct a larger storage shed iive years ago, but there was opposition. He stated that he has spoken with several neighbors, and they do not have any problems with it. He stated that the odd shape of his lot does not allow him to place the shed elsewhere on the property. Mayor Nee stated that he felt eighty percent of the residents who live on the river will have a need for a variance. He stated that the DNR agrees that if.the goals of the critical area are met, they would consider supporting a variance if it is approved by the City. 20 � . 0 � � FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 37 He stated that this definitely is an odd lot, anci there is nothing that could be built behind the home. Mayor Nee stated that th�e petitioner pointed ou� variance should be granted on the basis that the is unique and because the home is set so far bacic He stated that if the home was set back 35 feet, ture could be placed in the back yard. that.he �elt�the shape of the lot on the property. then this struc- � Ms. Connie Lane, 173 Hartman Circle, stated that she is Concerned about the DNR regulations. She felt that variances aZong the river should not be�given for storage sheds. She stated that she has no. objections to Mr. Dahl having a storage shed, but it does not need to be next to her lot or on the bluff line. She stated that the lot is large, and there is no problem with space to construct this storage shed. .. , Mayor Nee asked Ms. �Lane if the structure was : sereened, if this would b.e satisfactory. Ms. Lane stated that her biggest objection is that it is along the river and within the bluff line setback. Mayor Nee stated that he noticed that someone has cut down a lot of trees on Ms. Lane�s lot, and that sort of thing is what the DNR will enforce. He stated that up and down the river there will be residents that have some conflict with the critical areas. He stated that those living along the river should be concerned that. they are not penalized by having this designation�:��r.on their property. He felt that the key issue was if this shed'was in a visible spot. He felt that it is not. Dr. Dahl stated that there is no way the storage shed can be placed - in the rear yard, as there is a thirty�degree incline. MOTION by Councilwoman Bolkcom to concur with the recommendation of the Appeals Commission and deny Variance Request, VAR #94-08. Seconded by Councilman Schneider. Upon a roll call vote, Council- woman Bolkcom, Councilman Schneider, and Councilman Billings voted in favor of the motion. Mayor Nee and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a three to two vote. 18. RECETVE BIDS AND AWARD CONTRACT FOR CONCRETE STREE`.1'�REPAIR - � TJfll?TN/Clli7Ti�i TAi/JCRD77l�Y 71DL'T . DDlI.TL�f'�T T.Tl1 CT A._7� �- Mr. Flora, Public Works Director, st d that five bids were received for this improvement projec , and Progressive Contractors, Inc. was the low bidder at" 3,400. He stated that it is recommended that the contra e award to them. r� �w � ., APPEALS COMMISSION MEETING, JIINE 7, 1994 PAGE 11 3. CONSIDERATION OF VARIANCE RE UEST, VAR #94-08, BY WAYNE DAHL: Per Section 205.25.08.C.(1) of the Fridley Zoning Code, to reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to 0 feet; Per Section 205.04.05.B of the Fridley Zoning Code, to allow an accessory structure in the front yard; To allow the construction of an 8 foot by 15 foot storage shed on Lot 1, Block 2, Sandhurst Addition, the same being 177 Hartman Circle N.E. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED T$E MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:46 P.M. Ms. McPherson stated this property is located at the southwest corner of Hartman Circle. The property abuts the Mississippi River. The property is zoned R-1, Single Family Dwelling. , Ms. McPherson stated the petitioner is proposing to construct a 15 ioot by 8 foot storage building for the storage of lawn maintenance equipment. The City issued a stop work order for the storage building on May 20, 1994, when it was recorded that a building permit had not been issued. Ms. McPherson stated the original dwelling was:constructed in 1957. The O-2, Overall District, in which the Mississippi River bluffline requirements were adopted, was adopted in 1977. Reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to 0 feet Ms. McPherson stated the petitioner is proposing to construct the storage building at or near the bluffline. Staff inet with the petitioner on the site on June 7 to discuss the actual setback from the bluffline. Using �he definition of bluffline which is "a point at which the average slope is 120 or greater", staff determined that while the structure is not set exactly on the bluffline requiring the zero foot setback, it is within 1.5 feet of the bluffline. Ms. McPherson stated the petitioner is proposing to construct the storage building behind several arborvitae shrubs which does screen the building from the street. The petitioner's home is set back approximately 100 feet from Hartman Circle. The petitioner's garage is located on the west side of the dwelling unit. The dwelling itself does encroach within the 40 foot setback at approximately 30-34 feet from the bluffline. ZQ l .. � APPEALS COMMISSION MEETING, JIINE 7, 1994 PAGE 12 Ms. McPherson stated there is adequate room on the south or east sides of the dwelling to construct the storage building. The yard does slope to the south making access more difficult, but it is possible to relocate the building to that location. Locating the building along the south or east sides of the dwelling would bring the structure into compliance with the setback requirements. Ms. McPherson stated the City previously granted a similar variance for a gazebo down to 5 feet from the bluffline; however, a variance to zero feet or 1.5 feet has never been granted. Staff recammends denial of the variance request to reduce the setback to 1.5 feet as determined by staff. To allow an accessory structure in the front yard Ms. McPherson stated the location of the dwelling.serves•to define tfie front yard. In general, the front yard is defined as '�that portion of the yard which is in front of a line drawn parallel.to and even with the front line of the d�elling stracture". The north lot line functions somewhat as a side yard; but because it is the front line of the dwelling, as defined by code, it is the front yard. There is the option of locati.ng the buil:ding on the east or south sides of the dwelling.unit. In addition, there is room directly adj acent to the garage for the relocation of the buildi:ng�; however, a variance to the bluffline setback woiald still be needed. . Ms. McPherson stated that in reviewing the City's records; the Citg has not received a previous request to allow an accessory`structure in the front yard. Ms. McPherson stated staff recommends that the Appeals Commission recommend denial of this variance request as it exceeds previously granted variances. If the Commission recommends approval of the variance request, staff recommends two stipulations: � 1. The petitioner shall apply for and receive a building permit. 2. The storage structure sha11 not be located in the drainage easement located along the north lot line. Ms. Beaulieu asked about the variance granted for the gazebo to 5 feet from the bluffline. Ms. McPherson stated the gazebo variance was granted in 1990 for a dwelling on Alden Way, south of 79th Way. The gazebo was for. recreational use, and the purpose for the variance was to have a location that was enclosed which would allow the petitioner to enjoy the scenery of the river. 2R � ��. APPEALS COMMISSION MEETING, JIINE ?, 1994 PAGE 13 Mr. Wayne Dahl, 177 Hartman Circle, stated this particular lot has many, many unusual circumstances that he believes the code does not identify and is not applicable to this situation. The proposed storage building is a Menard's type garden shed. The original custom-built shed was 8 feet by 15 feet or 120 square feet. The reason it was 120 square feet was because the contractor who was building the shed had stated that he believed 120 square feet was within the Uniform Building Code for the State of Minnesota. However, the City of Fridley has more restrictive codes than the Uniform Building Code. The shed would be a non-slab type of shed with a plywood floor. He has no objection in reducing the shed to 8 ft. by 12 1/2 feet to bring it down to 100 square feet. Mr. Dahl stated the iot not only has the Mississippi River along 200 feet of it on one side, but it also has a creek on the other side and severe slopes. Tt is a very large pie-shaped lot. It is a 1.25 acre lot which is equivalent to at least five city lots. Typically, 1,400 square feet is allowed for accessory buildings on a lot one-fifth this size. Yet, on this lot he has 600 square feet for a two-stall garage. Iie has 1.25 acres of ground he needs to maintain which requires a John Deere tractor, a wagon to pull behind it for the leaves, a snow blower, in addition to all the other garden equipment. He stated there is no storage in the house and no available storage in the garage for this equipment. Mr. Dahl stated if they'were to sight down all the houses along the Mississippi River and all the houses along the creek, his house meets the setback requirements for all the houses.along;the creek and the river. His house is set back far in excess of 100 feet from Hartman Circle. � Mr. Dahl stated it is important to consider that his side yard along the northerly lot line borders his neighbor's front yard, side yard, and rear yard. So, the definitions in the code do not allow him to do things that his neighbor directly to the north can do. Mr. Dahl stated the public purpose served by the front yard setback is "to provide desired front yard space to be used for green areas and to add to the attractability of a residential district". He stated his front yard has more green space than any of his neighbors' front yards, rear yards, and side yards combined. So, he meets this requirement. The shed he is trying to build to bring his accessory building area up to 50� of what is allowable on a lot one-fifth the size of his is completely invisible. He submitted some photos to show that the shed is completely invisible frAm the street. If his neighbors up the river walked to the bluffline and looked down, they could see the shed. If that is objectionable, he has no probl.em with planting a couple of other arborvitae to completely enclose the shed and make it totally invisible. 2S � � F, APPEALS COMMISSION MEETING, JIINE 7, 1994 PAGE 14 Mr. Dahl stated this is a meandering bluffline, and the bluffline is a very difficult thing to determine. Staff is making some very fine definitions based on very undefinable items like the bluffline. Technically speaking, his.house is built on the bluffline because the side of his house exceeds the 12� grade. Based on that, his house could not be built where it is now because he is directly on the bluffline. So, this is a very unusual lot with a very unusual house with a lot of very unusual circumstances. Mr. Dahl stated one of the options suggested by staff is to locate the shed on the west side between the garage and the bluffline. That is his only access to his back yard, and it is angled downward. If he put the shed there, it would be impossible to get a John Deere tractor around it. There are two trees between the garage and the bluffline that wer.e not taken into consideration with this option. This option would also xequire a variance. Mr. Dahl stated staff has also suggested relocating the shed to the east side of the-house. The only area where the shed could be put would be directly outside his neighbor's kitchen window, as well as directly outside three of his windows. If the shed was placed there, it is 125 feet from his driveway. So, it is a very impractical location. From there down, the grade is too steep. Mr. Dahl stated that with respect to other structures along the river, he went up and down the river in a small boat and took pictures oE structures on the Fridley side of the river. On the Brooklyn Park side of the river, there are many structures that would not meet the Citg of Fridley's requirements. '°He showed photos of a shed with an attached dog kennel right on the bluffline, a shed built on the side of the bank, a yard barn sitting directly on the edge of the bluffline, and a screened-in porch on a cement slab located five fee� from the water. He then showed a photo of where he proposes to put his shed and how it is totalZy invisible from the river itself. He stated he has left his riverbank totally natural. There are many structures that meet the 40 foot setback from the bluffline that are visible from the river and are an eyesore, and he can only imagine how many sheds there may be along the river that are not visible to him from the water. Mr. Dahl stated that from a visibility standpoint and an aesthetic standpoint, he does not know why the code does not address staircases and large landing areas on the river. These staircases ar�d landings look terrible. If they are trying to preserve the natural environment, then staircases and landing areas should not be allowed. Dr. Vos asked Mr. Dahl if he was aware of the setback from the bluffline because of his previous variance request. 2T � � APPEALS COMMISSION MEETING. JIINL 7, 1994 PAGE 15 Mr. Dahl stated that, yes, he was aware of the bluffline setback of 40 feet. Mr. Neal Hayford, 173 Hartman Circle, stated he lives adjacent to Mr. Dahl on the north side. He stated he grew up near the river in Coon Rapids and enjoyed the river. That is why he moved to Fridley. He enjoys the river resource and believes it is a very important resource to the people and to the City of Fridley. He was happy when the Mississippi Recreational Area was designated because he thought it would help protect the natural resources. Now he is not so sure; it is up to everyone to help protect our natural resources. Mr. Hayford stated the Hartman neighborhood was huilt with covenants. No accessory buildings were allowed. All houses were required to have certain size requirements and two-car garages. It is a beautiful neighborhood. They want to protect their environment, their property values, and their scenic views. The proposed�storage shed will affect his view, and it is being built four inches from his property line. He believed that is in violation of the code requirements, �et that has not been addressed in this variance request. If the shed was moved over five feet, it would be visible fr-om the street and would be visible to the neighbors. It would be visible from the river when the leaves are not on the trees. Mr. Hayford stated that variances should be reserved more for recreational uses such as patios, decks, gazebos, things where people can sit and enjoy the view of the river. He is asking that both variances be denied. Mr. Hayford stated that when Mr. Dahl applied for his variance four years ago, practically the whole neighborhood (48 homes) signed .a petition against the variance. He stated the neighbors are still very much against this proposal now, and they do not want it in the future. Mr. Hayford stated Mr. Dahl does not use the garage for parking, and he could keep his lawn maintenance equipment in the garage. The last few times, a lawn service mowed Mr. Dahl's property. Mr. Dahl has plowed his driveway �ery few times in the last� 7 1/2 years. He has his driveway plowed. So, this is not a hardship case. The property is unique and needs to be preserved in its entirety. Building in .this area would not be good for Mr. Dahl either. There are other areas where the shed could be built. There is room on the east and south ends of the property. Mr. Hayford stated the site Mr. Dahl has proposed for the storage shed is not a good site at all, and it flies in the face of the DNR regulations and the Mississippi River Recreational Area. ZV � � APPEALS COMMISSION MEETING, JQNE 7, 1994 PAGE 16 Mr. Hayford showed photos of the area and how the storage shed would be visible from his property and from the river and how the storage shed would be very visible from the river in the wintertime. He stated these are unique properties, and he cannot build this type of structure in his side yard either because he is too close to the lot line. Mr. Hayford stated he and his wife submitted a letter to the Commission dated June 7, 1994, stating his objections to this variance request. They would like the Commission to deny this variance for the reasons discussed. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to receive into the record the letter dated June 7, 1994, from Neal Hayford and Connie Lane, 173 Hartman Circle. OPON A VOICB VOT$,-ALL VOTING AYE, CHAIRPERSON SAPAGB DECLARED THE MOTION CARRIED IINANIMOIISLY. � � Ms. Savage stated she had received a telephone ca11 before coming to the meeting from Alice Nelson, 149 Hartman Circle.: Ms. Nelson had not.received a notice but:had heard about the variance request from neighbors. Ms. Nelson told her that she was unable to come to the meeting and was opposed to the variance request. _ Ms. Savage stated she also received a letter dated June 7, 1994, from Suzanne Miskowic,:153 Hartman Circle,.in which she;stated her objections°':to the =,variance request .:: Ms :;Savage3��read �5ti�is' letter � .,. , ,: �� ..- .. to the Commission�. � _: ., . : ., -: :.� , MOTION b� Ms. Beaulieu,� seconded by Dr. Vos, to rece'ive into the record the letter. dated June'7, 1994, from Sue Miskowic, 153 Hartman Circle. UPON A VOICE VOTE,:ALL:VOTING AYS, CHAIRPERSON $AVAGE`DECLARED THE� MOTION CARRIED IINANIMOIISI,Y. ' Mr. Dick Gjev�e,.180 Hartman Circle, stated he is opposed to the variance request. Ms_ Gladys Lox, 165 Hartman Circle, stated she is opposed to the variance request. Mr. John Hinsverk, 170 Hartman Circle, stated he is opposed to the variance request. Ms. Arlene Gjevre, 18U Hartman Circle, stated she is opposed to the variance request. Mr. Dahl stated he would like to point out the multiple inaccuracies Mr. Hayford has presented. Mr. Hayford talked about a covenant for no accessory buildings in the Hartman Circle . .2V : , � �. APPEALS COMMISSION MEETING, Ji1N13 7, 1994 PAGE 17 neighborhood. He stated there are no less than eight accessory buildings of all different shapes and sizes in this neighborhood, most of which are tin sheds that are eyesores. Mr. Dahl stated Mr. Hayford talked about the five foot setback for this shed. He stated he has no problems with moving this shed back to within five feet of the lot line since he will alread�r be cutting the size of the shed 2 1/2 feet. Mr. Dahl stated Mr. Hayford talked about how visible this shed is going to be. He stated this is going to be the most invisible structure along the river. This is nothing to what he has shown that is visible -from the river and nothing compared to what is on the Brooklyn Park side of the river. Mr. Dahl stated he has a storage need. As a homeowner, he believed he has a certain right to at least have a place to put the equipment he needs to maintain this large yard. The reason he has had a lawn service and his driveway plowed is because his tractor is falling apart from being stored outside for the last seven years. Mr. Dahl asked the Appeals Commission to please be consistent in their decision. They should look at the other sheds al.ong the river and give them consideration and realize that� what he is proposing is extremely minimal in comparison with everything else that already exists. It is a true variance with a true hardship in that the need is well established because a yard of::this size cannot be maintained without a place to store the equipment. If the Commission denies his request, then he would question how all these other structures that are so visible were allowed. MOTION by Ms. Beaulieu, seconded by Dr._ Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTTON CARRIED AND THE PUBI,IC HEARING CLOSED AT 9:53 P.M. Dr. Vos stated he stated he did not see any hardship at all. A hardship means that a property owner cannot do anything on his/her property and has lost the right to do things on his/her property, but the petitioner has not lost any rights. The storage shed can be placed on other places on the lot, maybe not advantageous to the petitioner. He did not think they should allow any structure in the front yard. The bluffline was established after a lot of the houses were constructed, and that is why a variance must be granted now. That is true for anyone who wants to build within the setback to the bluffline. He stated he will vote to recommend denial of the variance request. Ms. Beaulieu agreed with the denial. Regarding consistency, she has been on the Commission less years than the other four members, -2w � r APPEALS COMMI88ION MEETING. JIINE 7, 1994 PAGE 18 but she does not remember ever granting a variance for an accessory structure just because people need more storage. She does not remember granting a variance when even one neighbor opposes; and, in this case, many neighbors are opposing this variance. She did not know about the variance that was granted in the past for the gazebo, but would not vote in favor of a variance for any structure closer than the required 40 feet. She would enthusiastically vote to recommend denial of this variance. Ms. Savage also agreed. She stated she did not know about the other accessory structures the petitioner was referring to. She did not know if they are storage sheds that have been there for the last 20 years and were not under the same regulations as they have now, or what the situations were. The only similar variance that the Commission has granted was the one for the gazebo which is a recreational building, and she did not believe there was any opposition to it at the time. She stated the Commission has to act on this particular variance, and she, too, would recommend denial of the variance. MOTION by Dr. Vos, seconded by Ms. Beaulieu, ta recommend to City Council denial of variance request, VAR #94-08, by Wayne Dahl, per Section 205.25.08.C.(1) of the Fridley Zoning Code, to reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to 1.5 feet; and per Section 205.04.05.B of the Fridley Zoning Code, to allow an accessory structure in the front yard; to allow the construction of an 8 foot by 15 foot storage shed on Lot l, Block 2, Sandhurst Addition, the same,';being 177 � ,.. Hartman Circle N.E. IIPON A VOICE VOTE, ALL VOTING AYB, CHAIRPERSON SAVAGE DBCLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to eity Council on June 20,. 1994. ' ADJOURNMENT� � � MOTION by Ms. Beaulieu, seconded by Dr. Vos, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declared the motion carried and the June 7, 1994, Appeals Commission meeting adjourned at 10:05 p.m. Res ectfully s initted, '�✓ � ' �G�i� Ly e Saba Recording Secretary 2X (`� ``� �� t. :.., . x t . I� ��,,f' � -�k,r: � {'.?ji,,<:<: - �� ■ l OF FRi DLEY i�izii�i.i�:�� ;��ic�i�:�i, c�i:�-rriz • c,-�.,i i:��ivr.rzsrr�� ;�vr-.. �.i:. rKir�i.c��_ �� ;;�;, .,�,i,�;��-?-�,�� • �:�x �c�� s�i->>�� CITY COUNCIL ACTION TAKEN NOTICE Wayne Dahl 177 Hartman Circle N.E. Fridley, MN 55432 Dear Mr. Dahl: June 27, 1994 On June 20, 1994, the Fridley City Council officially denied your request for a variance, VAR.#94-08, to reduce the setback from the top of the bluffline overlooking the Mississippi River from 4o feet to 1.5 feet, and to allow an accessory structure in the front yard, all to allow the construction of an 8' x 15' storage shed on Lot 1, Block 2, Sandhurst Addition, generally located at 177 Hartman Circle N.E. If you have any questions regarding the above actiori, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn 2Y � _ � _ Cl�iYOF FRI DLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 5543? •(612) 571-3450 • FAX {612) 571-1287 July 13, 1994 Subject: 177 Hartman Circle N.E. Dear Property owner: The City Council at its July 11, 1994 meeting voted 3:2 to reconsider variance request, VAR #94-08, by Wayne Dahl, in order to allow the construction of an accessory structure in the front yard and within the setback of a bluffline. Reconsideration of this variance request will occur at the August 1, 1994 City Gouncil meeting. The meeting begins at 7:30 p.m. in the City Council Chambers of the Fridley Municipal Center. If you have any questions regarding this action by the City Council, please contact me at 572-3593. Sin rely, ��Ci�CI�'Ci° %� �oa�/�____._� Mi hele McPherson, BLA Planning Assistant . MM/dn C-94-181 2Z C� _ � cinr oF FRIDLEY � FR[DLEY MUN[CIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 May 20, 1994 Dr. Wayne Dahl 177 Hartman Circle N.E. Fridley, MN 55432 Dear Dr. Dahl: A stop work order for construction of an accessory building was issued on Friday, May 20, 1994 at approximately 12:45 p.m. The location of the structure is immediately adjacent to the Mississippi River bluffline. Section 2U5.25,8.C.(1) requires that new structures and uses be placed not less than 40 feet from the top of the bluffline overlooking the Mississippi River. You have three options to correct this violation: 1. Move the structure to a location on the property in conformance with the bluffline setback and other zoning code requirements, and obtain a building permit if the foundation exceeds 100 square feet of area. 2. Reactivate variance request, VAR #89-18. Enclosed is an application. Complete and sign the application, attach three full size copies and one copy of an 8 1/2" x 11" site plan showing the location of the structure on the lot, and an elevation plan depicting the exterior of the building and its materials. An application fee of $60.00 is also required. In order to be considered by the Appeals Commission on June 7, 1994 and the City Council on July 11, 1994, you must submit these materials no later than 5:00 p.m. on Tuesday, May 24, 1994. If you do not apply for the variance, the structure must be removed from its current location by June 1, 1994 and conform to option #1 or #2. 3. Remove the structure in its entirety from the property. Upon placing the stop work order on the structure, it was observed that the floor of the structure had been constructed. � 2AA , � � Dr: Wayne Dahl May 20, 1994 Page 2 Should you need additional information, please feel free to contact myself (572-3590) or Michele McPherson, Planning Assistant, (572-3593). 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M � : " � r'" . � : � . •� �t �? ��' M 4� � fi � I ��' ..? _ �' "` �' _ � Ss r^�.�1'� ' ? \ . � `�'C��..�� Y . '4 `� lt 'y �� ( • . �� :s .��'�+' {. asT-� � � �._ � : `' ,y,a� . .� i •: . -�-:-��., . ,a'...��-��j. _ .. . ,�� .�, ��. °,�.1r-�.r.1.f�� ,',�.rS� ,M�i ..� .�\� � , . � , _.. �. ' *� � = .�±s- -' c. 5"�""i � W � : - � , � , . . � . `� i: � , . �s '" �' � r, ` � �3 �'�''� . r=?.u, `, '--• • �-�.�.�_t i ;� . F , %-��►. � ,� . .� ;� . ; . r ; �.` � �`�� " % ' :,%-i � .- . .� . ...•* : �: ,��, _ ,.. 4 � t . - � � ' ;'' ' 'g.,. ! , .-- � • �:' �" ,r ��' J' ,L,� • ��_ � - ,��I,.� F _ , . ri"�9 a � , �: �� .� - =' , ;� � �..: �x ��%� ` r � � � DATE: TO: FROM: SUBJECT: Community Development Department PLArnvnv� DrvisloN City of Fridley July 28, 1994 � William Burns, City Manager 1�,q� ll� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #94-11, by New Horizon Child Care; 1202.East Moore Lake Drive N.E. . The Appeals Commission reviewed.the variance request to allow an accessory structure (play equipment) and an accessory use (playground) in the front yard at its July 12, 1994 meeting. The motion to recommend approval of the request to.the City Council resulted in a tie vote by the Commission. Staff recommends that the City Council deny the.variance request as it is contrary to the spirit and intent of the zoning code and is beyond previous approvals. If the City Council chooses to approve the request, staff recommends the following stipulations: 1. The property owner shall execute and record against the property a hold harmless agreement indemnifying the C�.ty from liability should repairs occur to the storm sewer on the play area. 2. � 4. The petitioner shall submit a retaining wall plan prior to construction of the wall. . Five feet of clear area surrounding the fire hydrant shall be maintained at all times. Should New Horizon Child Care cease to be a tenant in the center, the boulevard area shall be restored to its original condition. The petitioner submitted a revised site plan providing for the 25 foot vision safety zone at the corner. The retaining wa11 is now cut at a 45 degree angle at the intersection of the shopping center at West Moore Lake Drive. Staff is currently receiving addresses of other locations �ahere similar play situations exist. This information will be forwarded to the City Council. MM/dn M-94-397 ..� 1.� �: J � 1�.� � JUL—�5-�9a MON l��ll NEW HORIZON ENTERPRISES FAX N0. 612 557 1257 1�T�W HORTZON MEMOitANDtJM TO: Barba.t'a Dacy FR4M: Slyaron Bergen DAT�: Ju);y 25, 1994 R�: PlaygrUUnd Ci�assing Photos �'he pliotographs circulated at the Pl�nnin� Commission meeting vvere both take� at Jusc Far T�ids Child Care Genter in Bloomin�ton. This center currently op�rates with a playground located across a parking lot/access street fram the center itself. Tk�e parking !ot is lacated betwe� building, �nd the 494 fronta�e road. Tl�e street address is J'ust For Kids 2740 Wesi SOtli Street , Bloom,ington, . M1V _55�43 I P, 02� � t have recenily become aware of several vther cent�rs ogerating in the area wit� a simitar play�-ound - parl�ng lot situa'on. I vvould be happy to forward th�ir address�s and/or phot�s to you later this week if you are interested in them. Than� you sa much for your time and cansidera,tion in this m�tter. I ean be reached during the day at 557-y � I 1. 3A � STAFF REPORT (�"� Community Development Department Appeals Cominission Date � July 12, 1994 Planning Coitiinission Date City Council Date : August 1, 1994 APPLICATION NQMBER: ♦ VAR #94-11 PETITIONER: ♦ New Horizon Child Care LOCATION: ♦ 1202 East Moore Lake Drive, the westerly tenant space of the East Moore Lake Shopping Center. RE4IILST• ♦ To allow construction of an accessory structure (play equipment) and an accessory use (playground) in the front yard. ANALYSIS: ry'. ♦ Section 205.04.05.B of the Fridley City Code requires that accessory buildings and structures shall be permitted in the rear and side yards only. � Public purpose served by this requirement is to preserve front yard areas for (1j adequate separation between road rights-of-way and the use/activity occurring on the lot; (2) area for �landscaping and screening; (3) avoid the appearance of clutter in the front of the principal building; and (4) adequate lines of sight for traffic and visibility of the use. The petitioner proposes to locate a child care facility to serve 116 children in the westerly tenant space of the East Moore Lake Shopping Center. The child care center will empZoy 20 persons. As an accessory use to a child care center, an outdoor play area is proposed to be Iocated in the green.space across the driveway from the tenant space. The play area will be located north of the main driveway which serves both the shopping center and the Health Club•to the south. � Staff Report VAR #94-11, 1202 East Moore Lake Drive, New Horizon Day Care Page 2 A three foot retaining wall is proposed to be constructed along the curb line of the driveway and adjacent to the eight foot bituminous bikeway/walkway. As proposed, the retaining wall would encroach into the vision safety zone defined by the Zoning.Code. Twenty-five feet of clear space must be maintained from the intersection of the driveway with the property line. The retaining wall should be "cut" at a 45 degree angle to allow drivers exiting the driveway to see oncoming westbound traffic on East Moore Lake Drive. A four foot fence will be constructed on top of the retaining wall to enclose the play area. Bituminous and rubberized material will be used to cover a portion of the play area. The remaining play area wiil be sod. Play equipment will be installed in the play area. The play area will be located over an existing storm sewer line. In addition, three trees located in this green space will need to be relocated, and five feet of clear space around an existing fire hydrant will need to be maintained. No variances to allow accessory structures in the front yard have been requested or granted previously for commercial and industrial properties. The City Council denied one residential request to allow an accessory structure in the front yard. The proposed child care use is permitted a permitted use in the C-3, General Shopping Center District. Play areas are commonly associated with child care facilities. The public purpose served by requiring accessory structures and uses in the side or rear yards is to preserve a safe separation between traffic on the abutting street and the activity on the property, to avoid a cluttered appearance, to provide areas for adequate landscaping, and to provide adequate lines of sight. Location of the playground at the subject location is contrary to the intent of the code. The play area will be located adjacent to a main driveway serving both the shopping center and the Iiealth Club. Children must cross a driveway to access the play area. While traffic leveis are not high at this time, the center is not fully occupied. Traffic will increase as more tenants occupy the shopping center. The Health Club patrons do not use the shopping center lot for parking, but they do use the services provided by the businesses in the center. This will add to the traffic using the driveway between the center and the progosed play area. 3C Staff Report VAR #94-11, 1202 East Moore Lake Drive, New Horizon Day Care Page 3 The petitioner has submitted documentation regarding potential measures to address the traffic conflicts. The children will be closely supervised by two adults, a crosswalk will be clearly marked on the pavement, and signage will be installed alerting drivers to the presence of children. In addition, the play area will not be utilized during periods where high traffic Tevels are anticipated. This would be during drop-off and pick-up times. The play area will include play structures which will be brightly colored t�pically in primary colors, red, yellow, and blue. At this time, staff does not have information regarding the height of the equipment. The proposed fence will be vinyl-clad chain link fence. The use of the area for a play area will remove potential snow storage space.for the parking lot. Staff visited another of the petitioner's child care facilities located in Brooklyn Park at 85th and Noble. The facility is located in a multi-tenant building. The play area is located at the west end of the building, directly adjacent to the structure. There is no separation of the play area from the structure by a driveway or other means. There are no traffic conflicts at the Brooklyn Park�site. There are no other areas on the site for a play area except for the area immediately west of the building where a landscaped area now exists. While the petitioner has identified ways to address traffic•concerns, the proposed Iocation is not the safest location for this type of activity in comparison to free standing day care s'ites or the Brooklyn Park example. RECOMMENDATION/STIPIILATIONS: ♦ Staff recommends that the Appeals Commission recommend denial of the request to the City Council. The request is contrary to the spirit and intent of the Zoning Code and is beyond the previous approvals. If the Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations: 1. The property owner shall execute and record against the property a hold harmless agreement indemnifying the City from liability should repairs occur to the storm sewer under the play area. 3D Staff Report VAR #94-11, 1202 East Moore Lake Drive, New Horizon Day Care Page 4 2. The retaining wall shall be redesigned to allow for vision safety in conformance with the ordinance. 3. The petitioner shall submit a retaining wall plan prior to construction of the wall. 4. Five feet of clear area surrounding the fire hydrant shall be maintained at all times. APPEALS COMMI83ION ACTION The motion to approve the variance request with the recommended stipulations resulted in a tie vote. CITY COIINCIL RECOMMENDATION Staff recommends that the City Council deny the variance request. 3E ��. VAR 4F 94- l 1 New Horizon Child Care (y a. ..:;� ' ff � = ei;-'."�+-�-.,..� ' � , �� \ � �fi��2 5 !�►� ° ��'SS�� _ �;.a•� f'`' � I I1v� " ,�: s�.,�•�.v o '� q �4.✓ �` C �� r 6 2 '` i . M r� � 6 �� o c�o ��.� �o � ° � �� y�: , ,. .. 3 %� o _ "°e �-- �/G LA�IV .� �9 � o � . ��- � y.,,.,�w � � \ .i iia�e - � 5 o Q � ; o,'� (�? i � - //!Cro / Ao . �i '.� 0-i ' � J � ° /► m �l �� r o q �� a 4` �� , ' �� Al/�. .� � 4 I � � � . S � ,'� /�) .� •; • � 1 � ��";¢ /'R �%�� C \S . .r �Q\� . � w�y 9 � B 111 0 0 (�'7 _ „ . 4 y • � � y � �°c� 0 .e`�� 0��7 l0`1�°•.� �3 :. '�h ', lr/in�su�e ` �- � � _ - tws. � - -I .I..v.•.: . . -? O ; Q; b. %� � a � • (, :•,,, � �,N1e. _ r ��, , - � � � ryo., ti. 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I� � � ; � � 50 � l / h TFACT 4 L'r' '•.ti i� " / _-/'I/69f1� i q� /1� .: ' /'t) ,iBG90 --" �T/l1�7f. wi':- • 44 RL�:V•j"' ! �L.0 JACl7�fZE !z 4� ( � /p� " y � .�vGt � " 5 x ; •' � ssR .r�-_;�� • 7�° �' � Q � �O O ' �� 6 .' �1 • . � g�1 0' �^t y : � 6� ♦ �/ -- --- �"�-" � � � '�°��- � s.� �N,s:E 'V � Rp h _ : � t (� ... ..-- ; u � � �) K'✓`7 . . . _ a,�f..a . � � ,`► /O,fl'fc�. �7, �?, • . �a, e 3li./ ' *� ; Y SI � ��S ./3 .` � � ----� . • - _- _ . 3F LOCATION MAP �- � z�j � �� --_- � _ _ T� f =-- ' : . , `'�� 1 ` � � '' U� � �= zs .. `�-, __ VAR �� 94-1 1 New Horizon Chil - ' '. •. � . : : �' �� ■� ' " _ .��+��l�,� 0: _ , , ... �i=�.I • ;" �� U� uur ' •� . _�_ . i � �� .� • " , �� •!_ � '••`�'v� ::: ' '� • • i��T�:� � � ' ' ��`�r�� : � .�0 1 `� �� ' � " � - E:::..� �o � . . � ... • n - ■i �. � •.�s� n . ■ ■��ce�■ n /� ■ • ♦ •- ■, v :�..n� n � � � �� [ J � � �_��• • ■►. •�� !� ) � ' ■i��/�� 7 � �♦ ,•�•�♦�•� • .��Y, •/��.� �� ■��l�11� � �� r ` � � ' 1 � 1�� iiiiii�� ♦ �� f►1 7 ♦ . � 1 ■�� . ... • ��i ',�i : E:::`.. �� , --= - - . . ��--- - �i' v :: � � ' ' ` , ' �, �'�:�:+: . . - r��a. ��4��►�� ; � . , - i�i��►�� ♦�`��♦ � � � ♦ � � A ♦ �'�I��P>�� •�i � ��e�♦ / ♦G<•r�� . 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MULTIP�E OWG'S � PUO P��NNEO UNIT DEV. � � p-1 MOBILE HOME PANK O S-7 MVDE VANK NEIGNBORHOOD ❑ V PUBLIC F11CI�IilES a S-2 pEDEVELOPMENT DISTRICT � C-1 LOC�I BUSINE55 0 O-1 CREEK 8 NIVEN PRESENV�TION a C-Y CENER�L BUS�NE55 "�' O-2 CRITIC�I AXEA � C-� OENERl1l SNOPPINC � ' C-N1 GENER�L OFPICE ❑ V�C�TEO STREETS v � ZONING 11�IAP� ♦ . i J�i � O �� Q �� v �� Q� PAV E D PLAY O v� AREA � � . �V � ► c � , � . � . . ::� � � s , G ,t►,�,:;• ` / ! SITE PLAN ,,�� zo,_ o .. SOD _ VAR ��94-11 New Horizon Child Care � � � lg�NL'� ��'fAlt�t l c�tC� !�lALC. tilISIDN 'rRtAt�1GLE . ' .... ; ----� �� I ' • � N � _ Blumentals0 p"aE� °"TE � �:�7C�0�° c M� 1•l �LW H�iZ�ZoN 7' �8 '9q SPI, t MOOR.�. �.Ak�E- �7�4 �fZlDC• �LY, M N r.. 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' �i.��a�� r:�- : . t.a 1� �'. }. � �� . . i.y� Ir a ,� _ . r �- � � . �:^,.%� , , ', r..,,. : ., :. •�'Y � -) Y �. r` .'al.w , i �: � � ��,d� . r�,��. �,,.�••..��.:,,w .,._ �_ _ ..-.....___.--•�..�.,.�� ,'-- ..._.a, .... �� '��.i...��'\� .- �'/' . ` "" 7 � "�1 �� •`�� f�,f:" ' � . � ` �E+R..ij �N� � � � . � , �,� �- _ .��-_� �E ��-- ___ _.-- - � _; . �� - ,. - �, �� =-�-�—. .i—�— .� '+ �, ..STO� ��:: � _ s � • r..L.�.. ` i - ,:' y � s , � �- �oT-, •�_ . . p �i �: y l � '' �% , � 'tar � SjQf �'�f� c � j ,�� , � � / " , .'`� �� 1r � � i � ;.. ,,a,,,,,,,,_,�;., __._ _ .. . _�._.� J �� ....:.------, _ , , � �� . "'--- .l . � -- - �.. -- - - �>:��` . , { - -- �� , �:. �_ � . : _ .._. .. .-_ � _ x_ :£; � r ��:t< i{.;r�� s.:<?� -;'a. . , t>. VAR ��94- 1 1 New Horizon Child Care \ � � ii-- _ _ _. .'...�.�..,.�.�.�Y„_.,�-- - �'°",�,.�. �---� "'�4�..-- � , ; ��.�_'_ --��.,�,,,_ � � ` ; .,�-�,.:,< . . . _... _�'�"r .!'��e+'�7`6�� -.,_ �'' t��----__.. . . .: �- --.., .,��...�.. �- : .� . ...,.. . _ �' -. '�� ~� .. . � � _ i: ,- . , :i c' ♦ .. 0 � � Just For Kids � � _ - -- , : � . ��-�-�Bloori�ington, MN" � � 3L NEW HORIZON CHILD CARE PARIdNG LOT CROSSING PROCEDURE PLAN OF ACTION Fridley Location New Horizon Child Care has selected this location in Fridley because it represents an excellent match between community needs and our needs as a service provider. Anoka Co�znty Child Gare Resowce and Refenal tells us that there is an unmet need for child care services in the Fridley azea. Many child care centers in the area are operating at capacity and continue to turn away customers in need of child care services. As Fridley and the surrounding areas are growing communities, this unmet demand for child caxe services is likely to continue into the future. This particular location in Fridley also offers New Horizon the opportunity to be vis��ble in the community. The mall location provides easy access for parents and the convenience of being located near other businesses they will patronize. New Horizon Child Care plans to provide child care for 116 children in our Fridley location This service allows parents to keep their children close to home and encourages them to cont�we to do business in Fridley rather than an adjacent community. Crossing Area Signs The crossing area will be clearly marked with a painted cross wall�. In addition, signs will be posted reading "Slow - Children At Play" to alert any drivers to the possibility of children in the area. Supervision By Stafi All children crossing the parking lot to the playground will be accompanied by adult staff' members. The number of adults will be appropriate to the number and ages of children in their care. Ratios of adults to children are set by the Muinesota Department of Huma,n Services. For example, fifteen preschool children, ages three years to five years would be supervised by two adult staff members because the rario of care for children this age is 1:10. At this time we anticipate that the playground area would be utilized by no more than twenty children at one time. (612) 557-1 11 1 3650 Annapolis �ane North Plymouth, Minnesota 55447 New Horizo� EnterQ�ses, lnc. 3M Crossing Guard Procedures Staff members assisting children in crossing the parking lot will be wearing red/orange vests and will utilize hand held stop signs to alert any drivers in the area to the presence of children in the cross walk. When assisting children crossing the parking lot staffmembers will position themselves at the beginning and end of the line of children so they can insure that a11 children have safely crossed the parking lot into the playground area. Use of the Playground Children will cross the parking lot to use the playground area generally twice ea.ch day. Usually, the children use the playground once in the morning, anytime between 9:OOam and noon, and ance in the afternoon, anytime between 1:OOpm and S:OOpm. In general, children do not use the playground during the times of heaviest customer tra$'ic, 6:30am to 9:OOam and S:OOpm to 6:OOpm. Previous Egperience New Horizon Child Care ceirters have used this procedure in the past to safely cross streets or parking areas to utilize playground spaces not adjacent to our buildiug. This - procedure had been used in areas such as Bumsville, Brooklyn Park, and Brooklyn Center. 3N stipulations. MOTION by Ms. Smith, seconded by Dr. Vos, approve variance request, VAR #94-10, by Charles Westlin per Section 205.09.o3.D.(1) of the Fridley Zoning ode, to reduce the front yard setback along the I-694 right- -way from 35 feet to 5 feet to allow the construction of a f r-plex and a five car garage on Lots 6-13, Block 12, Hamilton' Addition to Mechanicsville, generally located at 5400 - h Street N.E., with the following stipulations: 1. Lot split re�st #94-01 shall be approved. 2. The peti oner shall provide a hard surface driveway by June 1 1995. IIPON A VO VOTL, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLB DECLARE THE MOTION CARRIED DNANIMOOSLY. . Ms. acy stated this item would go before the City Council on y 25. 2. CONSIDERATION OF<VARIANCE REOUEST 'VAR #94-11' BY`NEW'HORIZON. - CHILD CARE- Per Section 205.04.05.B of the Fridley Zoning`Code, to allow an accessory structure in the front yard,_ to allow.the construction of a play area`: on Lot� 1;�.�Block�.3,°= Shors��aood �� Plaza, the same being 1202 East Moore Lake Drive, generally located in the most westerly tenant space of the`East�Moore Lake Shopping Center (1202-1298 East Moore Lake Drive). MOTION by Ms. 5mith, seconded by Ms. Beaulieu, to,open the public hearing. �:. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN`AT 8:17 P.M. Ms. Dacy stated the parcel is located in the southwest corner of Central Avenue and East Moore Lake Drive, commonly known as East Moore Lake Shopping Center. The property is zoned C-3,. Commercial, as is the racquet club property to the south and the shopping center across the street. To the north is single family zoning and uses as well as Light Industrial zoning. The shopping center has a vacant tenant space, and the petitioner is proposing to occupy the space as a day care center and locate a playground immediately adjacent to the East Moore Lake Drive intersection with the driveway accessing this mall. Ms. Dacy stated this variance request is to permit an accessory use and structure.in the front yard. The zoning code prohibits 30 APPEALS COMMISSION MEETING, JULY 12, 1994 PAGE 6 location of accessory uses and structures in the front yard and permits them only in the rear and side yard. In this particular case, what is proposed is playground equipment and estabiishing a play area as an accessory use to the proposed day care center. Staff identified four public purposes to the code in terms of maintaining the front yard clear from accessory structures: 1j to separate the traffic on a traveled right-of-way from a use and activity that is occurring on the property; 2) to provide an area for landscaping and screening; 3) to avoid the appearance of clutter and maintain a clear area in front of the use; and 4) to insure adequate sight lines for visibility for traffic on and off the site. Ms. Dacy stated the petitioner would like to locate a day care center at the west end of the building. Their informatio� to staff indicates they would have approximately 116 children at the site. In order to comply with the State rules for licensing, they must provide an outdoor play area. In their written information, they indicated that no more than 20 chiidren would be in the play area at one time and they would access the play area via a crosswalk which would occur approximately twice per day - once between 9:00 a.m. and 12:00 noon and again between 1:00 p.m. and 5:00 p.m. The play area would not be used during peak traffic hours for day care uses such as the morning to drop off and in the evening to pick up the children. Ms. Dacy stated the petitioner has also submitted a parking lot "procedure plan of action" and some photos. When initially contacted about this request, staff was concerned about the location of the playground in the front yard setback, especially its location near a major intersection and entrance/exit to the site. At the petitioner's suggestion, staff visited a New Horizon site in Brooklyn Park. In that situation, New Horizon is in a multi-tenant building but at that location the playground area is immediately adjacent to the building. The day care center was located at least one tenant space away from the play area. In this case, they did not have to cross a parking area. The petitioner indicated they have other locations in the metro area and can provide additional information. Ms. Dacy stated, in this location, staff looked at the code and looked at the location. In relation to the purpose of front yards, staff felt the location of the structure and the use within the front yard is not the best and/or the safest when compared, to a free-standing location where a playground area was such that you did not have to cross a parking area or even when the playground area could be immediately attached to the building so there would be a clear separation between vehicular traffic and pedestrian traffic.. The purpose of the front setback is to provide a clear open space for separation between traffic and�the uses occurring onsite, landscaping and screening, adequate 3P APPEALS COMMISSION MEETING, JIILY 12, 1994 PAGE 7 vision, and to avoid a cluttered appearance. During the site plan review, staff noted that the retaining wall by the playground should be amended to provide for better vision and safety, and staff is recommending that a 45-degree angle be constructed into the retaining wall. Also, three trees will need to be relocated. The Fire Department noted that there should be at least 5 feet of clear space around the fire hydrant. Ms. Dacy stated the policy of staff regarding variance requests is that staff will not �ake a recommendation for variances beyond approvals which have been granted in the past. Staff did some research and there has not been a variance approved for accessory structures in the front yard for a commercial or industrial building. In addition, staff believes the playground location in the front yard is contrary to the intent of the code of maintaining a clear open space between the street and the property. Secondly, instead of the typically accepted landscaping and screening, ther.e will be playground equipme�t and a chain link fence which is green in color. Something not typically seen in a commercial/industrial setting. The equipment will.be easily seen and appears to be contrary to the intent to provide a clutter-free appearance. Assuming the correction is made to the retaining wali, there is the issue that the use and activity is in the front yard and does impair vision into and out of the site for traffic. Staff is concerned as well that this center is not fully occupied at this time and conceivably between the hours of 9:00 a.m. to 12:00 noon and i:0o p.m and 5:;,00 p.m. there may not be an extensive amount of traffic. However, �if the center is fully occupied, the patrons from the �acquetball club come over on the driveway and utilize the services in the shopping center. Ms. Dacy stated, collectively for those reasons, staff.recommends denial of the request. However, if the Commission chooses to recommend approval, staff suggests five stipuiations basically addressing site plan concerns as follows: 1. The property owner shall execute and record against the property a hold harmless agreement indemnifying the City from liability should repairs occur to the storm sewer under the play area. 2. The retaining wall shall be redesigned to allow for vision safety in conformance with the ordinance. 3. The petitioner shall submit a retaining wall plan prior to construction of the wall. 4. Five feet of clear area surrounding the fire hydrant shall be maintained at all times. 3Q APPEALS COMMISSION MEETING. JOLY 12, 1994 PAGE 8 5. The playground area is to be removed should the day care center vacate the site. Dr. Vos stated one stipulation talks about storm sewers. Does a storm sewer go through the proposed playground area? Ms. Dacy stated yes. Ms. Smith asked if the fire hydrant is shown on the site plan. Ms. McPherson stated the fire hydrant is not on the site plan. Mr. Blumentals stated the owner of the center, Mr. Unruh, could not be present at the meeting. He provided a copy of a ietter � from Mr. Unruh in which he states that Moore Lake Commons has had a vacancy problem since its completion. Quality Growth purchased the property in December, 1992. Since that time, they have been looking for a tenant that would complement the Center, as well as � providing a needed service to the community. We believe, with New Horizons' many years in the business and metropolitan area, they could be a real asset to the Center as weli as the community. We would apgreciate th� City looking favorably upon this variance request. MOTION by Ms. Smith, seconded by Dr. Vos, to introduce into the public record the�letter from Mr. Dennis Unruh dated July 12, , 1994: . ��.. IIPON A VOICE oOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECBLE DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Blumentals stated this is a unique,situation. He does not think a playground is clutter. Children playing enhances a front yard. Usually, when the code talks about accessory buildings and uses, this generally means garages, enclosures, etc. He did not. think this is what they are talking about. He showed photographs of the playground equipment proposed and reviewed the plan for the play area. The fire hydrant is outside the fence and he has no problem with that stipulation. Mr. Blumentals stated he checked the survey and the property line is actually located on the other side of the bicycle path. The drawing is not accurate. The traffic is such that it would be pretty hard for a car not to be able to see another car in the area. There are also stop signs. The retaining wall would not create any problems. Ms. Bergen, New Horizon Child Care, state�l, after 23 years in the child care business, New Horizon has learned to select their locations carefully. They chose �his location because the need in the Fridley area is obvious. They have taZked with other 3R APPEALS COMMISSION MEETING, JOLY 12, 1994 PAGE 9 child care providers in the area, Anoka County, and surrounding centers that represent the quality that parents want for their children. The centers in the area are very full, particularly in the infant area and school age care. They also have waiting lists. Parents can either take their children out of the area which is not desireable or put their children in care that is of a lesser quality. The Fridley location represents for New Horizon a good market and can provide a needed service in the area. They also represent for the building owner a good solid tenant. If we felt we could not manage crossing the parking lot to go to the playground area, we would not be interested in the site. The Brooklyn Park site is somewhat different. We are fortunate enough to have an attached playground area. However, in the past, New Horizon has operated centers with very similar setups where they have had to cross streets or parking areas. They operated a center similar to this in Burnsville for 12 years. The Minnesota licensing agency allows this in.their regulations which asks that the playground area be within 2,000 feet of the center. Minnesota regulations are known to be some of the toughest in the nation. Ms. Bergen provided photographs of another facility in Bloomington which has a very similar set up in a commercial development. The information•provided clearly outlines their procedures for crossing. Dr. Vos asked if there was a driveway around the south side of the building. Ms. Dacy stated there is a service road around the back and service doors. Dr. Vos wondered if there is another place on that site to build a playground. He has previously worked.with day care centers, and owners have taken out portions of parking lots in order to put in a playground. In looking at the north and southeast corner of the building, there is space that is parking lot with no cars there which could take the play area out of the front yard. There is also vacant space near these areas. There is also a jog in the building where a playground could be placed. If the developer is serious about getting a tenant, they may be willing to discuss options. Ms. Bergen stated they have operations where the playground is behind the center. Obviously, the farther from the center the more problematic it is for staff, and that is why the State puts limits on where the play area can be. The other vacant space is not as desireable. It has no green space. It has a hard surface and is not as attractive. It is going to be hard to attract customers if the playground is not a desireable playground. Dr. Vos stated this area is hard surface now, but he is suggesting that this is not permanent and could be chanqed. He 3S APPEALS COMMISSION MEETING, JIILY 12, 1994 PAGE 10 asked if there was an exit at the corner where there is a jog in the building. Ms. Dacy stated she was not sure. Ms. Smith stated the information presented indicates there are no other areas on site which can be used for a play area. There is a space adjacent to the building between the end wall and the curb. How wide is that area? Ms. Dacy stated this area is approximately 20 feet wide. Mr. Blumentals stated this area would not work as a play area because it too narrow for the play equipment. They would need a minimum of a 35-foot space to allow for a proper fall zone. Dr. Vos asked if the proposed play area would have to be raised. Mr. Blumentals stated this was correct. At this time, if you walk along Moore Lake Drive, there is about a 4-foot slope downward. On the north, there is some.landscaped area with a retaining wall which they plan to match. They hav� to make this area level so it will be raised. � MOTION by Ms. Beaulieu, seconded by Ms_ Smith, to close the public hearing. ,,. > , .: a;, �. . _ ,: UPON A'VOICE VOTE,'ALL VOTING AYE, VICE-CHAIRPERSON ICIIECHLE DECLARED THE MOTION CARRIED AND THS PIIBLIC HEARING CLOSED AT 8:45 P.M. Ms. Beaulieu stated this is a unique situation. She has heard nothing-like it. She agrees with the petitioner in that she does not consider a playground cZutter and thought it wa`"s�different fron any other accessory structure. She was swayed by the fact that there is a vacancy problem and an unmet need for day care. She is concerned with the staff concerns about adequate lines of sight and if there is a safety problem, but she agrees with Ms. Bergen that New Horizon will handle the safety problem and perhaps the 45 degree angle of the retaining wall will take care of line of sight problem. She would be in favor of approval. Mr. Smith stated she was sympathetic to the situation New Horizon is in. There is a need for day care in this area. Her concern is not with the traffic. She is certain the staff are professionals who can.move the children to and from that area i:n a safe manner. She comes in and out of that area often and knows what the traffic is like in that area, and her concern is the sight lines. There is a horrendous amount of traffic there and, even if the facility itself does not encroach on the sight lines, she fears the kids on the playground would be a distraction on 3T APPEALS COMMISSION MEETING, JIILY 12, 1994 PAGE 11 that corner and could cause problems. This is a very busy corner. For that reason, she would be inclined to vote for denial. Dr. Vos stated he would also vote for denial. He did not feel there should be any kind of accessory in the front yard plus raise the area which would cause more problems for traffic. He is also not convinced that this is the only possible place to put a playground in an area that covers approximately a city block and does not see a reason to give a variance for the front yard. He stood in the parking lot for 10 minutes and counted six cars that cut through there to go to the racquet club and who did not necessarily stop because there was no traffic there. This was a traffic pattern that he had not anticipated. Also in watching,. the majority of people leaving the area turned left so the line- of-sight is an issue. The road is not straight and he is not convinced that an angle cut in the retaining wall would solve the problem. A traffic count done in that area showed, as he recalled, 3,000 cars at that time. He would be inclined to vote against the variance request. Mr. Kuechle stated he would be inclined to vote in favor of the request. The need for day care is there. He has concerns about the traffic and sight lines. He hopes the petitioner would review that issue before this goes to the City Council. He has a hard time saying that car parking is preferable to.playground equipment. He does not consider it clutter. There is some distraction because kids are playing but a f.ence is that area would tend to screen�the area a bit more. MoTION by Ms. Beaulieu, seconded by Mr. Kuechle, to approve variance request, VAR #94-i1, by New Horizon Child Care,._per Section 205.04.05.B of the Fridley Zoning Code, to allow an accessory structure in the front yard, to allow the construction of a play area on Lot 1, Block 3, Shorewood Plaza, the same being 1202 East Moore Lake Drive, generally located in the most westerly tenant space of the East Moore Lake Shopping Center (1202-1298 East Moore Lake Drive), with the following stipulations: l. The property owner shall execute and record against the property a hold harmless agreement indemnifying the City from liability should repairs occur to the storm sewer under the play area. 2. The retaining wall shali be redesigned to allow for vision safety in conformance with the ordinance. 3. The petitioner shall submit a retaining wall plan prior to construction of the wall. 3U APPEALS COMMISSION MEETING JIILY 12 1994 PAGE 12 4. Five feet of clear area surrounding the fire hydrant shall be maintained at all times. 5. The playground area is to be removed should the New Horizon Child Care center vacate the space. IIPON A VOICE YOTE, AITH MR. KIIECHLE AND MS. BEAIILIEII oOTING AYE AND MS. SMITH AND DR. VOS NOTING NAY, THS MOTION FAiLS FOR LACR OF A MAJORITY. Ms. Dacy stated this variance request will appear before the City Council on August 1, 1994. 3. CONSIDERATION OF VARIANCE RE4UEST VAR #94-12, BY JOAN KLOCKERS• Per Section 205.07.03.D.(2).(a) of the Fridley Zoning Co , to reduce the side yard setback from l0 feet to 7.4 fe ta allow the expansion of an existing three-season porc . Per Section 205.04.05.B.(2).(a) of the Fridley Z ing Code, to reduce the side yard setback from 3.2 feet t 2.2 feet to allow the expansion of an existing garage, on t 3, Block 2, Rice Creek Terrace Plat 4, the same being 6 O Washington Street N.E. MOTION by Ms. Beaulieu, seconded by Ms.. Sm' h ta open the public hearing. ��> ;, _ UPON A VOICE VOTE, ALL VOTING AYE, VI -CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED AND THE IIBLIC HEARING OPEN AT 8:54 P.M. Ms. McPherson stated the varia e requests are for 6830 Washington Street N.E.; Locat d on the property is a s3ngle family dwelling with an att hed single car garage. The property is zoned R-1, Single Fami Dwelling, as are all the surrounding parcels. There is a con ete sidewalk that is located along the south .side of the gara . The neighbor to the south also has a concrete driveway an parking area. These two concrete areas are separated by a six-' ch concrete curb. The property to the south is lower than the ubject parcel. _ Ms. McPherson ated the first request is to allow the expansion of the acces ry structure by 7 feet which would create a garage of 19.9 fe . The petitioner can expand the garage by 6 feet without a ariance; however, the petitioner chose to request the varianc down to 2.2 feet. The City in 1993 approved a similar varia e request down to 2.7 feet for 6810 7th Street which is a few ocks from the subject parcel. The property to the south ha a single car garage approximately 11 feet from the lot line. T e garage and house are fully guttered with the outlets �� 0 � _ � J Community Development Department PLASVIVING DIVISION City of Fridley . DATE: July 28, 1994 � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT:. Variance Request, VAR #94=12, by Joan Klockers; 6$30 Washington Street N.E. . The petitioner requested two variances: 1. To reduce the side yard setback for an accessory structure from 3.2 feet to 2.2 feet, to allow a garage expansion. 2. To reduce the side yard setback for living space from 10 feet to 7.4 feet, to allow an expansion of a three- season porch. The Appeals Commission at its July 12, 1994 meeting unanimously approved the variance request to reduce the side yard,setback for an accessory structure from 3.2 feet to 2.2 feet. This will allow the expansion of the existing attached single-car garage into a two-car garage. The motion to approve the side yard setback for living space from 10 feet to 7.4 feet resulted in a tie vote. If approved, this variance would allow the expansion of a three season porch located to the rear of the garage. The three season porch would be increased by two feet to the west and south. Staff has no recommendation regarding this variance request. MM/dn M-94-396 STAFF REPORT Community Development Department APPLICATION NIIMBER: ♦ VAR #94-12 PETITIONER• ♦ Joan Klockers Appeals Coinmission Date July 12, 1994 Planning Commission Date City Council Date : August 1, 1994 LOCATION: - ♦ 6830 Washington Street N.E. REOUEST• ♦ To reduce the side yard setback for an accessory structure . from 3.2 feet to 2.2 feet. To reduce the side yard setback for living space from 10 feet to 7.4 feet. To allow the expansion of a garage and a three season porch. �rrALYSis - ♦ Located on the property is a single family dwelling and an attached single car garage. The property is zoned R-1, Single Family as are the surrounding parcels. A concrete sidewalk is located along the south side of the garage. A six inch concrete curb separates the subject parcel from the property to the south. Accessory Structure Setback Section 205.04.05.B.(2).(a) of the Zoning Code allows the expansion of a single car garage while reducing the sideyard setback to three feet. The petitioner is proposing to expand the existing garage from 12.9 feet to 19.9 feet (7 foot addition). This will reduce the sideyard setback to 2.2 feet. The petitioner could construct a six foot addition without requiring a variance. The City previously granted a similar variance in 1993 to 2.7 feet for 6830 - 7th Street. The adjacent structure has an attached single car garage approximately 11 feet from the lot line. 3X Staff Report VAR #94-12, 6830 Washington Street N.E., Joan Klockers Page 2 The house is fully guttered, with the outlets discharging water toward the street in the front and into the backyard. This drainage pattern should be maintained if the garage is expanded. Living Space Setback Section 205.07.03.D.(2).(aj requires a side yard setback of 10 feet between any living area and side property line. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce the possibility of fire and to allow for aesthetically pleasing open areas around residential structures. Located to the rear of the garage is a three season porch. The porch is located 9.4 feet from the side lot line. The required sideyard setback for living space is 10 feet. The petitioner is proposing to construct 2 foot additions to the south and west sides of the porch. A concrete block wall screens the porch from the adjacent property to the south. Granting the variance would reduce the side yard setback to 7.4 feet and would not adversely impact the adjacent property. The Ci�y has previously.granted variances to 5 feet for the side yard setback. RECOMMENDATION/STIPIILATIONS: ♦ Staff has no recommendation regarding the variance request. If the Commission votes to approve the request, staff recommends the following stipulation: 1. The gutters shall be reinstalled along the south side of the garage. APPEALS COMMISSION ACTION The Appeals Commission voted unanimously to approve the variance to reduce the side yard setback from 3.2 feet to 2.2 feet for the accessory structure. 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MULTIPIE OWG'S � VUO P�1INNEO,UNIT OEV. � •Q�,• � �� R-� M0811E NOME PAFK ❑ 5-1 .NYDE PAHK NEIGMBORNO00 ❑ 'U �d �� V PUBtIC i�C�LlTIES Q 5-2 REDEVELOPMENT OISTR�CT � A � /� ��/ C-1 IOCAL BUS�NESS � O-/ CREEK 8 NIVEfl VRESERVATION Q � �l � C-2 GENEHRI BUSINESS � O-2 CqITICAI I1REA � '�� j � /j C-3 GENER�L SHOPPINC � � I�• /� C-qt GENENAL OFfICE ❑ VqC�TEO STREETS �J :.i.. AA ZONING 11IIAP� i r � O . � � lA i O� O O �. � � N � r� Z ; 3.4 �+ 0.'7 --. � 3.2 � . , . ,` , - N.34°57�40��E. -_- �C 11/1__. � � � � � � � lt� t� 00 ao �jo tn � �N �� w� VAR ��94-12 Joan Klockers ♦ i��1 3Bg SITE PLAN .�_��r _ ,�;, �' - { �i� t�. Q. + _ w 1 i "," , � � � �V.ai�`�� '�ic��[[,,�� : � 4i � � I � � `�i�ii ' : c �' � Y - _ , hi�+� f f 6,e �.. �. ��„�� "-; . _ ��i� - `�{ E 4i � _ �.. . � . '_: :"�'� . �' � �'::h I . �-� . � VAR 1{ 94 - ( 2 Joan Klockers �n, yj°t� � _ � . � �t5}� ' . _ Ziww ! +, � � ' _ -. ��- o",J�' : �� ' _ � c .�� . 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Five feet of clear area surroundin e fire hydrant shall be maintained at all tim . 5. The playground area is e removed should the New Horizon Child Care er vacate the space. UPON A VOICB VOTE, MR. KIIECHLE AND M3. BEAIILIEII VOTIN6 AYE AND MS. SMITH R. VOS NOTING NAY, THE MOTION FAILS FOR LACR OF A MAJORIT Ms. D y stated this variance request will appear before the City C cil on August l, 1994. 3. CONSIDERATION OF VARIANCE REOUEST, VAR #94-12 BY JOAN KLOCKERS: Per Section 205.07.03.D.(2).(a) of the Fridley Zoning Code, to reduce the side yard setback from 10 feet to 7.4 feefi to allow the expansion of an existing three-season porch. Per Section 205:04.05.B.(2).(a) of the Fridley Zoning Code, to reduce the side yard setback from 3.2 feet to 2:2 feet to allow the expansion of an existing garage, on Lot 3, Block 2, Rice Creek Terrace Plat 4, the same being 6830 Washington Street N.E. MOTION by Ms. Beaulieu,,seconded by Ms. Smith to.open the public hearing. : r`;�� IIPON A VOICE VOTE, AI,L VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:54' . P.M. Ms. McPherson stated the variance requests are for 683Q Washington Street N.E. Located on the property is a single family dwelling with an attached single car garage. The property is zoned R-1, Single Family Dwelling, as are all the surrounding parcels. There is a concrete sidewalk that is located along the south side of the garage. The neighbor to the south also has a concrete driveway and parking area. These two concrete areas are separated by a six-inch concrete curb. The property to the south is lower than the subject parcel. Ms. McPherson stated the first request is to allow the expansion of the accessory structure by 7 feet which would create a garage of 19.9 feet. The petitioner can expand the garage by 6 feet without a variance; however, the petitioner chose to request the variance down to 2.2 feet. The City in 1993 approved a similar variance request down to 2.7 feet for 6810 7th Street which is a few blocks from the subject parcel. The property to the south has a single car garage approximately 11 feet from the lot line. The garage and house are fully guttered with the outlets 3EE APPEALS COMMISSION MEETING, JULY 12, 1994 PAGE 13 discharging water towards the street and into the rear yard. If the garage is expanded, this drainage pattern should be maintained. Ms. McPherson stated the second request is to allow the expansion of an existing attached three-season porch which is to the rear of the garage by 2 feet to the south and to the west. The three- season porch is already located 9.4 feet from the side lot line, .6 foot under the 10 foot requirement. There is a concrete block screening wall along the southerly property line which would screen the porch addition from the property to the south. The variance, if granted, would not adversely impact the adjacent property to the south. The City has previously granted side yard setback variances down to 5 feet for similar additions. Ms. McPherson stated staff has no recommendation regarding either part of the variance request. If the Commission chooses to recommend approval of the request, staff recommends the following stipulation: 1. The gutters shall be reinstalled along the south side of the garage. Ms. Beaulieu asked if the porch as it is now in non-compliance. Ms. McPherson stated yes. Mr. Klockers presented some pictures of the property and also presented a letter from his neighbor to the south who has no objection to their plans. He stated the existing three-season existed before they purchased the property. MOTION by Ms. Smith, seconded by Dr. Vos, to receive into the record the letter from Mr. Fred Lautizi, 6820 Washington Street N.E. dated July 12, 1994. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED IINANIMOIISLY. Dr. Vos asked what impact would granting thzs variance have on the neighbor to the south. If this petitioner receives a 2.2 foot variance, there is still a need for space between the structures. Ms. Dacy stated the homeowner to the south could extend their accessory building to 5 feet without a variance. Dr. Vos stated that the neighbor could add 6 feet to his garage, and the petitioner could add 7 feet. That leaves 7.2 feet between structures. Is that enough space in case of fire? What about a fire wall? 3FF � APPEALS COMMISSION MEETING. JIILY 12, 1994 PAGE 14 Ms. Dacy stated, if variance is approved, she thought the petitioner would need a one-hour fire wall. Ms. McPherson stated, under the same section of the code, all exterior walls of attached garages less than 5 feet from the property line must have a one-hour fire wall. Mr. Kuechle asked the petitioner why they were extending the porch. This is not a hardship. Mr. Klockers stated space is tight. As long as they are changing the garage, they can expand the porch by extending the roof line. They are looking for additional space. Mr. Kuechle asked if it was the petitioner's intent to carry out the current roof line. Mr. Klockers stated yes. The roof line for the garage would be carried out as it currently exists. Dr. Vos stated asked if the petitioner could go to the back 2 feet to the west without a variance request. Ms. McPherson stated this was correct. The variance request is required only for the proposed expansion to the south. Mr. Klockers stated the concrete block wali�keeps the area'from being visible to the south. p�' Dr. Vos asked if, when within 2.2 feet, there is anything about the overhang. Mr. Klockers stated they arrived at this according to their neighbors. They need space for two cars and still have enough space for a walkway outside.to get to the back. Ms. Dacy stated the maximum roof space is 2 feet so the edge of the overhand will be within 2 inches of the lot line. Mr. Klockers stated they have no problem with the stipuiation. Their intent is to reinstall the gutters. • MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RUECHLE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9:07 P.M. Dr. Vos stated she was inclined to agree with the request and reduce the side yard setback to 2.2 feet. The request for the 3GC APPEALS COMMI3SION MEETING. JIILY 12, 1994 PAGE 15 garage is a reasonable request. He has some doubts about the hardship for the living space from 10 feet to 7.4 feet except that the existing condition is non-conforming. He would tend to vote yes for the side yard setback for the garage as long as the neighbor to the south does not object and the neighbor to the south has some options. But he has concerns about the living space. Ms. Smith stated she would be inclined to vote yes to both requests. She does not see the living space as an undue request. While there is not a hardship, she would still vote for approval on both. Ms. Beaulieu stated variances have been approved to enlarge a single car garage to a double garage, but she agrees with Dr. Vos and his hesitancy on approving the request for t�e living space. She would vote to approve a variance of the existing condition so that it is no longer non-conforming, but she would hesitate to see a hardship because we have not been inclined to have a living space any closer to the neighbors. Mr. Kuechle stated he would be inclined to approve both requests. If you look at the roof 1ine, it is already there. It becomes a technical change to what is already existing. This will not change the profile that you see from a distance. He would be inclined to recommend approval of both requests. MOTION by Dr. Vos, seconded by Ms. Beaulieu to approve variance request, VAR #94-12, by Joan Klockers, per Sectian , 205.04.05.B.(2).(a) of the Fridley Zoning Code, to reduce the side yard setback from 3.2 feet to 2.2 feet to alZow the. expansion of an existing garage, on Lot�3, Block 2, Rice Creek Terrace Plat 4, the same being 6830 Washington Street N.E. with the stipulation: � 1. The gutters shall be reinstalled along the south side of the garage. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RUECHLE DECLARED THE MOTION CARRIED UNANIMOIISLY. MOTION by Ms. Smith, seconded by Dr. Vos, to approve variance request, VAR #94-12, by Joan Klockers, per Section 205.07.03.D.(2).(a) of the Fridley Zoning Code, to reduce the side yard setback from 10 feet to 7.4 feet to al.low the expansion of an existing three-season porch. UPON A VOICE VOTE, WITH MS. SMITH AND MR. RIIECHLE VOTING AYE AND MS. BEAIILIEII AND DR. VOS VOTING NAY, MOTION FAILS FOR LACR OF A MAJORITY. 3HH � . APPEALS COMMISSION MEETING, JULY 12, 1994 PAGE 16 Dr. Vos stated the petitioner has the option of getting a building permit for the garage since that request was approved. However, if the petitioner wishes to add on to the three-season porch, they must go to the City Council. Ms. Dacy stated this was correct. The variance request for the three-season porch will go before the City Council for final action on August l. 4. CONSIDERATION OF VARIANCE REQUEST, VAR #94-13, BY WARREN PAULSON- Per Section 205.09.03.D.(1) of the Fridley Zoning Code, to reduce th�e front yard setback from 35 feet to 10 feet (existing encroachment); � Per Section 205.09.03.D.(2).(c) of the Fridley Zoning�de, to reduce the side corner setback from 35 feet to 30. feet; Per Section 205,09.03.D.(3) of the Fridley Zoning ode, to reduce the rear yard setback from 40 feet to 19. 4 feet; Per Section 205.09.05.D.(5).(a) of the Fridl Zoning Code, to reduce the parking setback from 20 feet o 18 feet; To allow the expansion of the building �f`id parking on Lots 5, 6, and 7, Valley View Manor, the same,being 6881 Highway 65 N.E. (Sunliner Motel). � MOTION by Ms. Smith, seconded by Ms_,�eaulieu, to waive the reading of the public hearing not,ic� and open the public hearing. IIPON A VOTCE VOTE, ALL VOTING AY�, VICE-CHAIRPERSON RIIECHLE DECLARED TIiE MOTION CARRIED AND"fTHE PQBLIC HEARING OPEN AT 9:13 P.M. f Ms. McPherson stated the variance request is for the Sunliner Motel located at 6881 H�hway 65, which is on the northeast corner of the intersec��`ion of 68th Avenue and Highway 65. The property is zoned R-3; General Multiple Family Dwelling. The motel is a special �`se under the R-3 district. The petitioner is proposing to cons�ruct a 36-foot x 48-foot, 8-unit addition to the existing 14 �nit motel, office and living quarters. Four variances are �reing requested. The first request is to reduce the front yar� setback from 35 feet to 10 feet for an existing encroachmen.t. The second request is to reduce the side corner setback f�C�'om 35 feet to 30.33 feet for the proposed addition. The thir.c� request is to reduce the rear yard setback from 40 feet to 19.�� which is for both an existing condition and proposed additilon. The fourth request is to reduce the parking setback from�a public right-of-way from 20 feet to 18 feet. 31! �� - �- �-- Q � � „�� - : . . s,� �,J� ,.o � � . v� : � � ��M �� ` _ j �9 °'1.I.� !3d p �. � .al � _. �� 1 � �--�- � � �� • /j L I f' �i/� r� _� '1'1�-�`'1 � 71�{?'19 3+�Z,Li�iQJ�D Ii � r S = �� f � � � � \` +� �r.� — � /' � � � � � �� , 2 � � �� 7 � o� � o �. � � � r � � V � ? �� li � � �� O � c � (�ji �I'� ,� � � � � � :� �� 1 'i'�w�. w. .. /-"1 Eng�nee�ing Sewer lNafer P�rks Streets Mainien�ncc MEMORANDUM TO: �lliam W. Bums, City Manager ,�� FROM: John G. Flora` Pubiic Works Director DATE: August 1, 1994 SUBJECT: Commons Park Shelter, Project No. 267 PW94255 We have received considerable interest in the Commons Park Shelter, Project No. 267. Eighteen plans and specifications have been issued to date. Based upon the number of questions and issues, we have extended the bid opening date from July 26 to Friday, July 29 at 11:00 am at the Municipai Center. Upon opening the bids, we will review the bid items.and make a recommendation to the City Council at the meeting on August 1. � If there is any unresolved issues, we would request the Council receive the bids at the August 1 meeting and delay the award to August 15. As we desire to complete the structure this fall, we will attempt to analyze the bid so that a decision can be made for the August 1 meeting. . JGF:cz � � . Lt. � Gnc7meer:;ia Sewcr Wafer 'ip�rk5 Sheets Mointena�cc ME MORANDUM TO: William W. Bums, City Manager�l� FROM: John G. Flora�Pubiic Works Director DATE: August 1, 1994 SUBJECT: Main Street Improvement Project PW94259 The Anoka County Highway Department is interested in proceeding with the improvement of Main Street between 44th Avenue and I-694. They have opened bids and received a favorable bid from the contractor, Palda & Sons, out of St. Paul. In order for the County to proceed, they wiil require the City to approve their plans and specifications and also to enter into a Joint Powers Agreement on the cost-sharing of the project. The State Aid office is currently reviewing the storm water plans to determine the cost participation between the County and the cities of. Fridley and Columbia Heights. Once determination is made, the exact percentage of cost distribution can be identified and a Joint Powers Agreement prepared by the County for execution by the cities. As a mea�s of expediting the project, the City can approve the plans and specifications as submitted so that the County can proceed with the improvement. Upon receipt of the Joint Powers Agreement and the actual cost figures, the City can execute that document and conduct a public hearing on the assessments for the improvement. I expect we would be assessing the concrete curb and gutter at the City's rate ot $8/foot for a!! front footage properties and the storm water improvements to those industrial properties that are benefitting from this project. This will also provide us time to resolve the bikeway/walkway easement issue. If there are any costs associated with the easements, these costs can be added to the assessment process. As a means of facilitating the County's project, recommend the City Council approve the attached resolution approving the plans and requesting Anoka County to proceed with the improvements on Main Street. JGF:cz Attachment 5 ,� . .. . : RESOLUTIOTT I�U. - 1994 •,a�; • � ., � •.• • � � u •�s• i :�: � • •.• .• i� • � •.• «a�� r: � i• •.• � �; �:� •� ►� � •�� •,•: u: . � � • •�a�� r •,• � a, i�+ •,• s • �EA3, plans for Street I�rave�nent Project No. ST. 1994-8 shcxairig prapo�ed aligrnnent, profil.es, grades and cross-sections for the construction, reconstruction or itr�ravement of Main Str�t within the livaits of the City as oaunty Project CP 89-28-02 have been prepared and pre.sented to the City, ar�d �i8, the im�rav�nnent plans have been oc�rpleted to further er� the drainage and storm se�mx system in the area includirig voncrete curb atyd gutter and re-surfaoed street, and �AB, the imprdvem.ent plans iuzcorporate a bik�w-aY1�1�Y �� west side of Main 5treet for which the City is obtaining eas�ments to facilitate the constYUCtion. N�7W', T�FORE, SE IT RE80LQED Tl�,T, th�e City fbuncil of the City of Fridley, Anoka Oaunty, Minne.so�ta, apprave the above mentioned plans and that Anoka Oo�unty be requested tv proceed with the in�ravem�.nts on Main Stx�cet froam 44th Ave.nue to I-694. : -i�� • u • �• • :�� w�- a •� u r • - u:i� • - � /� Y:� : �!• • . •�r� �� 4?+�yA WILI�AM A. CH�1N�A - CITY CL�K SA WI7��AM J. NEE - MAYOR i r .� � _ C�� OF FRtDLEY MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager �� Memo to: William W. Burns, City Manaqer fi From: William C. Hunt, Assistant to the City Manaqer � Subject: Amendment to Fridley Historical Society Loan Repayment Schedule Date: July 26, 1994 In a letter of July 14-, 1994 Mr. Phil Novack, President of the Fridley Historical Society, has requested forgiveness of the $700.00 payment due July 19, 1994 on the loan made to them by the City of Fridley in 1989. The Fridley City Council has expressed its interest in rescheduling the payments, and I have attached a draft resolution for consideration by the council at their meeting of August 1, 1994. I would appreciate your presenting this matter to the council for. consideration. WCH/jb Attachment � RESOLUTION NO. - 1994 A RESOLUTION AMENDING THE REPAYMENT SCHEDULE OF A LOAN TO THE FRIDLEY HISTORICAL SOCIETY WHEREAS, on June 19, 1989, by Resolution No. 54 - 1989 the Fridley City Council authorized a no interest loan of $7,000.00 to the Fridley Historical Society to assist in the renovation of the former Hayes Elementary School to serve as a historical museum, a project which has cost approximately $85,000; and WHEREAS, according to Resolution No. 54 - 1989 one tenth (1/10) of the total amount of the loan shall be payable on the anniversary of the final payment by the City of Fridley in each of the subsequent ten (10) years; and WHEREAS, the final payment by the City of Fridley was made on July 19, 1990, so that the first $700.00 repayment was due on July 19, 1991; and WHEREAS, according to Resolution No. 64 - 1991 passed August 12, 1991 the Fridley City Council amended the payment schedule to defer payments by one year; and WHEREAS, the Fridley Historical Society, made its scheduled payment of $700.00 in 1992; leaving balance of $6,300.00; and WHEREAS, according to Resolution No, 110 - 1993 passed December 13, 1993, the Fridley City Council amended the payment schedule to defer payments by one more year; and WHEREAS, the Fridley Historical Society has requested the Fridley City Council to forgive the second scheduled payment of $700.00 due Ju3y 19, 1994; and WHEREAS, it is in the public interest to assist the Fridley Historical Society in the work of preserving the historical records of the City of Fridley for future generations; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the repayment schedule be amended as follows: One tenth (1/10) of the total amount of the loan shall be payable on the second anniversary (1992) and the fifth anniversary (1995) of the final payment by the City of Fridley and annually thereafter until the loan is paid. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF _ , 1994. ' WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERKs A TO: FROM: SUBJECT: DATE: WILLIAM W. BURNS, CITY MANAGER �}�� I� RICHARD D. PRIBYL, FINANCE DIRECTOR HOWARD D. ICOOLICR, ASSISTANT FINANCE DIRECTOR DESIGNATIONS OF FIIND BALANCE July 18, 1994 Attached you will find a resolution for Couricil consideration amending the designations of fund balance in the General Fund and formally adopting the designations in the Special Revenue Funds and the Capital Improvement Fund. Council approved four designations in the General Fund in 1991. This resolution changes the amounts designated for working capital and replacement of fixed assets. The amount designated for working capital is being increased to 60% of the ensuing year's budgeted local government aid plus the property tax levy. •- The previous percentage was 50%. The increase is needed to better reflect our working capital needs for the first six months of the year. Fifty percent was barely adequate since expenditures do no.t occur evenly over the year and there was no allowance for tax delinquencies. The designation for replacement of fixed assets was increased from 5% to 10 0 of the General Fund investment in General Fixed.Assets. The percentage was increased to better reflect the useful lives of the equipment acquired with General Fund revenues. The designations in the Special Revenue Funds identify the future uses of fund balance. Each fund's purpose determines it's designation. In addition, each fund has available a designated for subsequent years expenditures if the budget process has identified a use of fund balance in the upcoming budget. The Capital Improvement Fund has three designations corresponding to the three non utility portions of the five year capital improvement plan. The annual balance in these three designations are equal to the balance of the five year plan. RESOLQTION NO. - 1994 RE80LIITION DESIGNATING MINIMIIM �IIND BALANCES FOR TH8 GENERAL FUND, SPECIAL REVENII$ FIIND3 AND THE CAPITAL IMPROVEMENT FIIND WHEREAS, the City Council of the City of Fridley has previously adopted Resolution No. 46-1991 designating minimum fund balances; and WHEREAS, the timing difference between cash receipts and cash disbursements continues to create cash flow deficiencies unless sufficient fund balance levels are designated to meet the working capital needs in the first half of the year ; and WHEREAS, unforeseen reductions in major intergovernmental revenues or unanticipated expenditure needs remain a recurring threat to cities; and WHEREAS, establishment of a minimum designation of fund balance for such contingencies �ould mitigate the adverse effects of aid reductions or unanticipated expenditures; and WHEREAS, anticipated uses of fund balances for planned future obligations should be disclosed in the financial statements by designation of fund balance; and WHEREAS, formal establishment of minimum fund balance levels helps maintain the City's favorable bond rating which translates into lower borrowing costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that to the extent of available fund balance, that designations of fund balance be established at the end of each year in the order set forth below: GENERAL FUND l. A designation for working capital equalling 60� of the ensuing year's budgeted local government aid plus the property tax levy (including any state paid portion); 2. A designation for subsequent years' expenditures for uses of fund balance as set forth in the ensuing year' s adopted budget; 3. A designation for contingencies equal to 10� of the General Fund budgeted e�cpenditures and other financing uses for the ensuing year; 4. A designation for replacement of fixed assets in an amount not less than 10� of the General Fund investment in General 7A Fixed Assets as identified in the Comprehensive Annual Financial Report. SPECIAL REVENUE FUNDS 1. A designation for subsequent years' e�enditures for uses of fund balance as set forth in the ensuing year's adopted budget; 2. A designation for subsequent�years' expenditures for the balance of the Cable 'I'�7 equipment grant; 3. A designation for cable TV program for the entire fund balance in the Cable TV Special Revenue Fund; 4. A designation for solid waste abatement equal to the fund balance in the Solid Waste Abatement Special Revenue Fund; 5. A designation for drug and gambling enforcement in the nrug and Gambling Forfeiture 5pecial Revenue Fund equal to the entire fund balance; 6. A designation for housing programs for the entire fund balance of the HRA Housing Special Revenue Fund. CAPITAL IMPROVEMENT FUND 1. A designation for fixed asset replacement equal to the balance in the general portion of the capital improvement plan; 2. A designation for park improvements equal to the balance in the park portion of the capital improvement plan; 3. A designation for street improvements equal to the balance in the street portion of the capital improvement plan. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK : WILLIAM J. NEE - MAYOR ITO: AILLIAM A. BIIRNS, CITY MANAGER �� FROM: SUBJECT: DATE: RICHARD D. PRIBYL, FINANCE DIRECTOR HOWARD D. KOOLICR, ASSISTANT FINANCE DIRI�CTOR ESTABLISHING THE INFORMATION SYSTEMS INTERNAL SERVICE FIIND AND TRANSFERRING A38ET8 FROM THE 1982 AND 1986 BOND TO THIS FIIND AND THE CLOSED BODTD FUND. July 28, 1994 On February l, 1994, the City called the Improvement Bonds of 1982 and the Crossover Refunding Bonds of 1986. The City financed the call with cash and investments available in each bond's debt service fund. It has been the City's policy to transfer remaining assets in debt service funds to the Closed Bond Debt Service Fund once the bonds are retired. It is necessary to deviate slightly from this policy to establish the Information Systems Internal Service Fund. This fund will be used to purchase computer and related equipment and will in turn charge the cost of the equipment to the proper department over the life of the equipment. In past discussions with Council, the cash remaining from the bond calls was identified as the initial funding source for the Information Systems Fund. The future special assessments and any interest earnings credited to the debt service funds for the first six months of 1993 are not needed by the Information Systems and should therefore be transferred to the Closed Bond Fund. The attached resolution establishes the Information Systems Fund, transfers the residual cash from the two bond funds to this fund, and transfers the special assessments and interest earnings to the Closed Bond fund. � RESOLIITION NO. - 1994 A RESOLIITION ESTABLISHING THE INFORMATION BYSTEMB INTERNAL SERVICL FIIND, AIITHORIZING A CA3H TRANSFER TO THIS FUND AND TRANSFERRING THE OIITSTANDING SPSCIAL ASSESSMRNTS FROlrt THE 1982 IMPROVEMENT BOND FIIND AND TH8 1986 CROSSOVER BOND FIIND TO THE CL03ED DEBT SERVIC]3 FIIND WHEREAS, the City of Fridley established the 1982 Improvement Bond Debt Service Fund and the 1986 Crossover Bond Debt Service Fund for the servicing of debt issued for public improvements; and WHEREAS, the City exercised the call provisions contained in both bond issues resulting in the payment of all outstanding bonds on February 1, 1994; and WHEREAS, the City desires to establish an Information Systems Internal Service Fund to account for and finance the acquisition and replacement of computer and computer related equipment; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley hereby establishes the Information Systems Internal Service Fund to acquire and charge to the appropriate department for all computer related capital equipment. BE IT FURTHER RESOLVED that the City Council authorizes the transfer of $383,691.37 and $428,593.13 from the Improvement Bonds of 1982 Debt Service Fund and the Crossover Bonds of 1986 Debt Service Fund respectively to the Infornaation Systems Internal Service Fund. BE IT STILL FURTHER RESOLVED that the City Council authorizes the• transfer of all remaining assessments and all interest earnings for 1994 from the two aforementioned Debt Service Funds to the Closed Bond Debt 5ervice Fund. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF , 1994. ATTEST: WILLIAM CHAMPA - CITY CLERK : � WILLIAM J. NEE - MAYOR 10 11 ,..r� �� FOR CONCURRENCE BY THE CITY COUNCIL GENE�iAL CONTRACTOR-COMMERCIAI Proform Thermai Systems 9231 Davenport St Blaine MN 55434 Douglas Petty Stone Construction Inc 2181 107 Lane NE Blaine MN 55449 Jerome Stone GENERAL CONTRACTOR-RESIDENTIA� Built By Design Inc (3853) � 4679 Hampton Rd Mound MN 55364-9370 Bryan Podratz Filla Restoration (5118) 2561 Mayflower Ave Minnetonka MN 55305-6015 - . Thomas Filla Metro Siding Inc {Will Send) 2750 Niagaza Ln - Plymouth MN 55447 Mark McFarland HEQTING Doody Mechanical Inc 520 Front Ave St Paul MN 55117 7ames Doody General Heating & AC lOS W lst St Chaska MN 55318 Peterson-Pinney 4151 Coon Rapids Blvd Coon Rapids MN 55433 RQOFING A-Plus Roofing Co 11500 Keadng Ave Burnsville MN 55337 Rich Macallister Ray Turnquist Arnie Odean � �1A LICENSES JOHN PALACIO Chief Bldg Ofcl Same STATE OF MINN Same Same JOHN PALACIO Chief Bldg Ofcl Same Same JOHN PALACI4 Chief Bldg Ofcl