The URL can be used to link to this page

09/19/1994 - 4929,, { � ' '� � OFFICIAL CITY COIINCIL AGENDA COIINCIL•MEETING SEPTEMBBR 19, 1994 f � ;� 's 1 '� CIIY OF FR10LfY l �. .W. FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Monday, September 19, 1994 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS V� * I / ITEM NUMBER *J �' '�i.., �t��/1�nai�s• .t�r-4.� - �.Ju.� . ; L' � �.�tL < <,�J � � i� �2. Sr�-�v�i � N � - s -:vn� �A�Jd.F" >97"L �- �- �-y� �! � .,�- ,/�l .,� . �/ ' � � . Sr� �� IC,��St;�� { < << �� r ?,�f�' �� C Ist�oti ll r� �< <� r� � � V �� i, � t, z � r) '� i v � �( �,�,� / � �. 'S�� . ��'' U .� � .��-i � v�� , _ �I c: � �Jh�fS�n ��CU Gtr�inn��1 �'_ I vC I� ��, ��v " .e� � ti� �: -- -� , E � �GZ ,G- �' � �'( �� f` CJC` r�(/' i�(/ r i� � Vl L� i D+'.v 2 7-� S t� ,�'P /✓' v�/'Cc'� ,L' � �a r ": ��i ��IA�� u+� a-�� 2 � i a. n n� Y�c �,�.5 t' c��.. � 3 0 l� � u.� e,� S�" • J�c��4' �.�'��__ � .i`{"cla��/� Z SG � �'�` �lc`r'�.E" � ��'-� lr�G � � � �5 35 c:�,v��a� %��.4 �,v.� FRIDLEY C1TY COUNCIL MEETING OF SEPTEMBER 19, 1994 PUBLIC HEARING: Page 2 Plat Request, P.S. #94-05, by Keith Eibensteiner for Biltmore Construction of New Brighton, Inc., to Subdivide Property into Nine Singfe Family Lots, Generally Located in the Southeast Corner of the Totino-Grace High School Property at 1350 Gardena Avenue N.E. (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 1.54 OLD BUSINESS: 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 Raver 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' x 15' Storage Shed, Generally Located at 177 Hartman Circle N.E. (Tabled 8/01 /94) (V1/ard 3) . . . . . . . . . . . . . . . . . . . . . . . . . •,• � x, _ Second Reading of an Ordinance Under Section 12.Q7 ofi the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the Fridiey City Code (Vacation Request, SAV #94-02, by Forrest Harstad) (V1/ard 2) . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2.63 .. 3-36 FRlDLEY ClTY COUNClL MEETING OF SEPTEMBER 19, 1994 OLD BUSINESS {CONTINUED� Page 3 Second Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Twin City Townhomes) {Ward 2) ......................................... 4-4B Resolution Approving Plat, P.S Hillwind Townhomes (Ward 2) NEW BUSINESS: #94-04, ......................... 5-5D Approve Development Agreement between the City of Fridley and Twin City � Townhomes, Inc. (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6H Receive the Minutes of the Planning Commission Meeting of August 24, 1994: . . . . . . . . . . . . . . . . . 7 - 7JJ A. Special Use Permit Request, SP #94-09, by Gary Maciej, Pursuant to Stipulation No. 1 of a Previous Special Use Permit Request, SP #88-12. The Request Would Allow the Building to be Occupied by a Cleaning Service at 5973 Third Street N.E. (V1/ard 3) . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7E 71 - 7JJ FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 1994 NEW BUSINESS (CONTINUED� Page 4 Receive the Minutes of the Planning , Commission Meeting of September 7, 1994: ........................................... 8-8PP A. Special Use Permit Request, SP #94-10, by David and Patricia Younkin, to Allow Accessory Buildings Other than the First Accessory Building Over 240 Square Feet, Generally Located at 5401 Matterhorn Drive N.E. (Ward 2} . . . . . . . . . . . . . . . . . . . . B. Special Use Permit Request, SP #94-11, by Sam's Auto Buying Program, to Allow Automobile Agencies Selling or Displaying New and/or Used Motor Vehicles, Generafly Located at 8150 University Avenue N.E. (1lVard 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................ 0 C. Lot Split Request, L.S. #94-04, by Donald Dolan of Parson's Electric, to Split Property Generally Located North of 59th Avenue, South of 61 st Avenue, and West of Main Street (Ward 3) . . . . . . . . . . . . . . . . . . . ..................... . : :. . . . . . . : :�� : : . .. . . FRlDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 1994 NEW BUSINESS (CONTINUED): Page 5 Approve Revised Section 8 Housing Assistance Payments Program Contract for Administrative Services Beiween the City of Frid(ey and the Metropolitan Counci( ......................................... 9-9EE Resolution Approving Plans and Requesting Anoka County to Proceed with Improvement on Main Street from 44th Avenue to (-694, Street lmprovement Project No. ST. 1994 - 8 Approve Joint Powers Agreement for the Reconstruction of County Road No. 102 (Main Street) from 44th Avenue and Interstate 694 Between the City of Frid(ey and the County ofAnoka .................. ................... 10-10A .......... ........... 11-11F Resolution of the City Counci! of the City of Fridley, Minnesota, Authorizing the Acquisition of an Eminent Domain Proceeding to Acquire Bikeway Easements . . . . . . . . . . . . . . . 12 - 12C FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 1994 Page 5 NEW BUSINESS �CONTlNUED� Approve Revised Section 8 Housing Assistance Payments Program Contract for Administrative Services Between the City of Fridley and the Metropolitan Council ......................................... 9-9EE Resolution Approving Plans and Requesting Anoka County to Proceed with Improvement on Main Street from 44th Avenue to I-694, Street Improvement Project No. ST. 1994 - 8 . . . . . . . . . . . . . . . . . . . 10 - 10A Approve Joint Powers Agreement for the Reconstruction of County Road No. i 02 (Main Street) from 44th Avenue and Interstate 694 Between the City of Fridley and the County ofAnoka ........................................ 11-11F Resolution of the City Council of the City of Fridley, Minnesota, Authorizing the Acquisition of an Eminent Domain Proceeding to Acquire Bikeway Easements . . . . . . . . . . . . . . . 12 - 12C FRIDLEY CITY COUNCiL MEETING OF SEPTEMBER 19, 1994 NEW BUSINESS (CONTINUED): Page 6 Approve Placement of a Monitoring Weil � on City Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13D Resolution Directing Preparation of Assessment Roi1 for Street Improvement , Project No. STREET 1993 - 1 & 2 . . . . . . . . . . . . . . . . . . . . . . 14 - 14A Resolution Directing Publication of Hearing on Proposed Assessment Roll � for Street tmprovement Project No. . STREET1993-1 & 2 ................ .. ........... Resolution Directing Preparation of Assessment Rofl for 64th Avenue Storm Water Im rovement Pro'ect No 264 15 - 15C pJ . ..................... 16 - 16A Resoiution Directing Publication of Hearing on Proposed Assessment Roll for 64th Avenue Storm Water Improvement Project No. 260 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 - i 7C �§ I �;.. :� � ;�� ' �'9�`,�''... FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 1994 NEW BUSINESS�CONTINUED� Page 7 Resolution Directing Preparation of Assessment Roll for 1994 Service � Connections ...................................... 18-18A Resolution Directing Publication of Hearing on Proposed Assessment Roll for 1994 Service Connections . . . . . . . . . . . . . . . . . . . . . . . . . 19 - 19C lnformal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Claims.......................................... 21 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22B Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 - 23F Receive Letter and Check from Robert O. Naegele, Jr., Chairman of the Board of Rollerblade ADJOURN: THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 � `' � �` � :,;' a k:<�; �r . TH$ MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 6, 1994 The Regular Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Pro Tem Schneider, Councilwoman Jorgenson, Councilman Billings, and Council- woman Bolkcom MEMBERS ABSENT: Mayor Nee Mayor Pro Tem Schneider stated that Mayor Nee is in Fridley's Sister City, Fourmies, France, participating in the 50th anni- versary celebration of the liberation of France. PROCLAMATION• CONSTITUTION WEEK, SEPTEMBER 17-23, 1994: Mayor Pro Tem Schneider read and issued a proclamation proclaiming the week of September 17-23, 1994 as Constitution Week. He urged all citizens to reflect during this week on the many benefits of our Federal constitution and American citizenship. Mayor Pro Tem Schneider presented this proclamation to. Barbara Sexton of the Daughters of the American Revolution. Ms. S�xton stated that a National Constitution Week,was organized by their National President after Constitution Day. was repealed in the 1950's. ' APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 15, 1994_:. MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Pro Tem Schneider requested that the following item be added to the agenda: (23) Establish a public hearing for October 3, 1994 for a liquor license for Sharx Club/Sharx Sports Bar, 3710 East River Road. FRIDLEY CiTY COIINCIL MEETING OF SEPTEMBER 6, 1994 PAGE 2 MOTION by Councilwoman Jorgenson to adopt the agenda with the above addition. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. OPEN FORUM, VISITORS: 1. RE UEST TO AMEND CHAPTER 213 OF THE FRIDLEY CITY CODE �FENCES L, BY CERTIFIED AUTO RECOi�ERY tWARD 3): Mr. Bruce Ackland, Vice President of Certified Auto Recovery, requested that Council consider an amendment to Chapter 213 of the Fridley City Code in order to allow a monitoring fence system. He stated that Mr. Bill Mullis from South Carolina is here this eve- ning to testify as an e�ert in this field. Mr. Ackland stated that Certified Auto Recovery has tried various security systems over the years from security guards, drive-by services, and a security fence. He stated that Sentry's security monitoring system has been extremely successful throughout the country and is used by many of their competitors. Mr. Ackland stated that they receive vehicles from insurance.companies. These may be targeted for potential vandalism and thievery, and it is important for them to have a security system that works. He stated that this system is valuable but is not harmful to people. Mayor Pro Tem Schneider stated that the .information received by Cduncil was that this was an electrical fence with.monitoring ability so that anyone touching the fence would'�receive a shock. Mr. Bill Mullis, representing Sentry Security of South Carolina, stated that this fence is new technology and has been installed all over.the country. He stated that with the way the City's ordinance. is written, it is not possible to obtain a variance. They need the City's help in order to allow this fence. ' Ms. Dacy, Community Development Director, stated that the fence regulations are covered in Chapter 213 of the City Code. This chapter does not provide for a variance, as it is separate from the Zoning Code. She stated that staff contacted several other cities to determine their policy regarding electrical fences. Four cities specifically prohibit them, and three stated that they would consider the electrical fence a safety hazard. She stated it is staff's recommendation that this Chapter not be amended, as it was originally drafted to protect the general public's safety. Mayor Pro Tem Schneider stated that he understands this electrical fence is behind another fence. Mr. Mullis stated that the electrical fence is inside a secured eight foot chain link fence. He stated that the fence is UL approved, and it is monitored with an alarm. He stated that the FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 3 City's ordinance prohibits barbed wire. Eighty percent of the industrial fences around the City have barbed wire. Ms. Dacy presented a short video of the site which showed the.. location of the electrical fence within the chain link fence. She stated that several warning signs are posted on the fence. Councilwoman Bolkcom asked how the electrical fence differs from an alarm system. Mr. Mullis stated that the electrical fence is the most effective, as there are a lot of false alarms with the alarm system. He stated that he has a patent on this electrical system, and there are no false alarms. Councilwoman Jorgenson asked the distance between the chain link fence and the electrical fence. Mr. Mullis stated that there is about twelve inches between the two fences in some areas and eighteen to 24 inches in other areas. Mr. Herrick, City Attorney, asked if it wo�ld be possible for a person to reach through the chain link fence and touch the inside electricaZ fence. Ms . Dacy stated that the chain 1 ink fence is very tight, and it would be difficult. Y`, Mr. Mullis stated that he did not think a chi.ld could'get their hand through the chain link fence. However, if they did, they would only receive a mild electrical shock. • Councilwoman Jorgenson voiced her concern if someone with.a heart. or seizure problem may be affected if they touched the electrical fence. She felt that anyone with a history of seizu�'es who was subjected to an electrical charge could have a seizure. Mr. Mullis stated that the electricaZ charge from the fence would not cause a seizure. Councilman Billings questioned if the City could amend the current ordinance to permit an electrified fence under certain conditions. He felt that the City may be able to issue a permit for a specific period of time as an experiment and if this did not work, the permit would not be renewed. He.felt that another condition may be to require warning signs and indemnification against the City. He stated that most of the vehicles at this site have car batteries. If someone has a piece of inetal and crosses the two terminals of the car battery, they would also get a shock. Mr. Herrick, City Attorney, stated that he did not see any problems with certain conditions being established if the City were to allow FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 4 an electrical fence. He felt that if the City were to allow such a fence it may be a good idea to require a certain distance between the two fences,that would be greater than one to two feet. He stated that the approval for the fence could also be done with.the understanding that Council would review it after a certain period of time. If Council was not satisfied, it could be repealed. He stated that signs could be required as well as the amount of vol- tage for the fence. He stated�that there could be an indemnity agreement, and he would highly recommend it if the Council was going to permit this type of fence. He stated that in addition to the indemnity agreement, there should be an insurance policy with rather large limits that names the City as the insured. Councilwoman Bolkcom felt that some answers were needed to the medical questions that were raised and a]:so the City's liability. She felt that perhaps staff could check with other businesses using this fence. " Mayor Pro �em Schneider stated that at this time, the fence should not be in operation until there is a decision made by Counci�. whether or not to allow such a fence. Councilman Billings felt if there were guard dogs on this site, a dog bite might be just as detrimental as a light shock. Mr. Ackland thanked Council for considering this request. He stated that he felt there is a way this could be warked out to everyone's satisfaction. � Mayor Pro Tem Schneider felt that there may be a compromise. He said that staff would work with them and report back to Council. COUNTY PARK NEAR RICE CREEK TOWNHOMES: Ms. Dawn Benjamin, 1678 68th Avenue, stated that �she' and other residents of the Rice Creek Townhomes were here this evening to request some assistance with their park. She.stated that the park is in disregair, and she has also heard that the City may take it back from the County. She stated that the residents have removed some of the weeds to try to improve the park area. Mr. Burns, City Manager, stated that sta�ff has discussed with the County the possibility of acquiring the park. He stated that the Metropolitan Council has to approve the change in ownership. He stated that this issue would be discussed informally after this Council meeting: Mayor Pro Tem Schneider stated that he met with Jack. Kirk, the City's Director of Recreation and Natural Resources, and it is his understanding that as soon as the Metropolitan Council gives their approval, there would be a transfer of the property from the County to the City. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6 1994 PAGE 5 Councilwoman Jorgenson stated that the weeds are terrible. She asked if the area could be sprayed. Mr. Herrick, City Attorney, stated that he did not think the County would object to the transfer, as the park is within the City. Ms. Benjamin stated that perhaps they could get some recreational programs at the park. She stated that they have a lot more teen- agers, and she wanted a place for them to go. She felt that people would take more pride in the park if the area were to be cleaned and updated. A person in the audience stated that the playground equipment was in disrepair and was not safe. Mayor Pro Tem Schneider.stated that this area had a neighborhood crime watch gathering for National Night Out, and several of the councilmembers attended. He stated that there was a tremendous turnout, and the residents deserve a lot of credit for. their efforts and for making improvements at the park. Mayor Pro Tem Schnei.der stated that no formal act.ion has been taken by Council , but he would suspect there may be a resolution sub- mitted for the next meeting for this park to become a City park and to give it the same consideration as the other parks in the City. PUBLIC HEARING• 2. PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ESTIMATE ON STRETT IMPROVEMENT PROJECT - MAIN STREET PROJECT NO. ST. 1994-8 (WARD 3): MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:20 p.m. Mr. Flora, Public Works Director, stated that the Anoka County Highway Department has initiated a project to reconstruct Main Street from 44th Avenue to the I-694 overpass. He stated that the estimated cost to the City for the improvement is $242,704. He stated that the cost for concrete curb and gutter is $76,056; the cost for the bike path is $47,319; and the cost for the storm sewer is $119,329. Mr. Flora stated that the concrete curb and gutter would be assessed to thirteen industrial properties on the west side of the street and 32 residential properties that front on the east side of Main Street. He stated that the cost for the bikeway would be assessed to the twelve industrial properties that abut the pathway. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 6, 1994 PAGE 6 Mr. Flora stated that the area had some minor storm water assess- ments in 1957, 1960 and 1966, and there are some properties that have never paid a storm water assessment. Mr. Flora stated that as a result of consulting with the League of Minnesota Cities, the Metropolitan Council, and the Minnesota Department of Transportation, it was felt that the west side of Main Street was the best location for the bikeway/walkway system. He stated that there are a number of cross streets and driveways on the east side which would be detrimental to traffic. He stated that the bike path would be off street, except north of 53rd Avenue. Mr. Herrick, City Attorney, asked if the bike path would. be entirely on existing right-of-way. Mr. Flora stated that the City has the majority of the easements but is still negotiating with five property owners for easements. Mr. Jeff Timmerman, Timmerman Finishing, 5250 Main Street, stated that from plans he reviewed dated July 31, 1994, it appears the, bike path ends at his property at 5250 Main Street. Mr. Flora stated that the bike path would extend to 53rd Avenue. Mr. Timmerman stated that there is an enormous amount of tra�fic on Main Street. He stated that he is not against bike paths, but his question is if it.is really needed or just being constructed to connect one end with the other. He felt that more traffic on Main Street should not be promoted, as it is not safe. Councilwoman Jorgenson asked if there was a bike path now�on Main Street. Mr. Flora stated that there is a striped lane that people can use as a bike path.. Mr. Timmerman stated that there is no question that people use this street right-of-way, however, he felt that Council should not promote more traffic into a very difficult area. Councilwoman Jorgenson stated that'there is already an existing bikeway/walkway, and Council is trying to make it a little safer. She stated that there are a number of persons tha� use Main Street to get back and forth across I-694. Councilwoman Bolkcom stated that Scott Erickson, Assistant Public Works Director, met with the Minnesota Department of Transportation regarding this bike path. With the speed limits on the street and traffic counts, the two can co-exist. She stated that the off street bike path would provide more visibility and safety. FRIDLEY CITY COUNCIL MEETING OF SEPTEMB�R 6 1994 PAGE 7 Mr. Timmerman felt that the bike path is a liability for the businesses along Main Street. Councilwoman Bolkcom stated that the relocation of the sprinklers, be directed as such that they go the businesses' liability. Mr. Timmerman is concerned about and that these sprinklers might into the bike path and increase Mr. Timmerman questioned who wou2d pay for any damage to the sprinklers or for them to be relocated. Mr. Doug Fisher, Design Engineer with the Anoka County Highway Department, stated that if the County purchases right-of-way, the issue of sprinklers, signs, fences, etc., would be addressed in the right-of-way negotiations. He stated that in the situation where the County is not acquiring additional right-of-way, than items within the County right-of-way are the property owner�s.responsi- bility. He stated that businesses would be asked to.relocate their sprinklers if they are in the County's right-of-way. He stated that as fa� as the bike path, the sprinkler system can be accommo- dated, but it would be the City's responsibility. Mayor Pro Tem Schneider asked Mr. Timmerman if his sprinklers were Iocated in the County right-of-way. Mr. Timinerman answered.in the affirmative. � Mayar Pro Tem Schneider stated that Mr. Timmerman would then be responsible for relocating his.sprinklers or paying for any damage. ;<: . Councilman Billings asked if the County contacted the business owners along Main Street to inform them of this project. Mr. Fisher stated that they had an informal open house and sent out flyers to all the businesses on the west side and property owners on the east side. He stated that approximately two weel�s prior to the start of this project all businesses were contacted: He stated that notices were sent to all property owners explaining who they were to contact if there were any problems. Mr. Flora asked Mr. Fisher if the County met with the property owners on the west side of Main Street. Mr. Fisher stated that they contacted the owners and discussed this project. Mr. Timmerman stated that he knows of no one that has been con- tacted to remove their sprinklers. Councilwoman Jorgenson stated that there has been a lack.of commu- nication on this project. She stated that when it was discussed by Council in January, the proposal was not for a 42.inch pipe to be installed in the street. She stated that this piping has added considerably to the cost for the project. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 8 Mr. Tom Gladen, Gladen Machining, 5170 Main Street, asked if his property value would increase with this improvement project. He felt that if there were sewer and water and a better road, it would increase the value of the property. Mr. Pribyl, Finance Director, stated that taxes are based on the market value; however, he would tend to think that there is an increased value with the improvements. Mr. Gladen stated that he would be assessed for the bike path, and he asked why the properties on the east side would not be assessed. Mr. Flora stated that the bike path is considered like a sidewalk, and the cost is assessed to the abutting properties. He stated that the properties on the east side of Main Street are not abutting the bike path. Mr. Gladen asked how many feet the City is requesting for the bike path. Mr. Flora stated that a fifteen foot easement is being requested in front of the properties on the west side of Main Street. Mr. Gladen asked the_ procedure if he did not give the City an easement. Mr. �'lora stated that the City could obtain the easement through eminent domain, the value =would be determined, and �the final judgement made by the court. Mr. Gladen stated that he is not against the bike path but is trying to understand why it is needed. He questioned if there could be some adjustment in the costs in exchange for the property owner providing the necessary easement. He was also concerned about liability for the businesses. He questioned how tliis project could begin without the City approving the bids. Mr. Fisher stated that City approval is required on County State Aid streets. He stated that this is a County roadway, not a State Aid street. He stated that during the design of the project the City asked the County to incorporate the bike path; however, not all easements have been obtained for this bike path. He stated that this was included in the project, so bids have been received. He stated that the contractor is aware that all easements have not been acquired for the bike path. The project will carry over to the spring of next year, and the bike path could be constructed at that time. Mr. Fisher stated that as far as the storm sewer, when preliminary estimates were prepared.it was proposed to construct a series of ponds on the railroad property. He stated that when these plans did not materialize the only way to proceed was to install the storm sewer pipe. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 9 Councilwoman Jorgenson stated that Council thought the project would cost about $100,000, but the cost has now escalated to $242,000. She stated that the City only assesses once for storm water costs, and most of the homes on the east side have been assessed. She stated that the pipe that is now being installed will handle the water from the west side of Main Street. She stated that the scope of this project changed about eight weeks ago and started the process of the assessment hearing. Mr. Gladen someone is property. City. stated that he was concerned about the liability if hurt on the bike path crossing the entrance to his He questioned if he would be in a lawsuit along with the Mr. Herrick stated that this probably could happen; however, it is one thing to be a party in a lawsuit and another to. be found liable. He �tated that in order for anyone to receive a judgment, there would have to be some showing of negligence. Mr. Gladen stated that there would still be costs to defend the property owner's position. Mayor Pro Tem Schneider pointed out that there is an existing bike path on the street, and the same issue would apply. Mr. Herrick stated that he did not feel the situation would change whether the bike path was on the street or on someone'.s property. Councilwoman Bolkcom stated that the objective of.the Metropolitan Council is to connect the bike paths and to encourage people to use alternate means of transportation. Mayor Pro Tem Schneider stated that in the 1970's there was a fairly broadly based citizens committee that assembled a blueprint of bikeway/walkway plans, and this was re-affirmed through a smaller committee in the 1990's due to the high costs of energy. Mr. Gladen asked when Council will make.the final decision on the bike path and its location. Mayor Pro Tem Schneider stated that after this public hearing a decision is usually made at the next regular meeting which would be on September 19. Mr. Steve Schwartz, representing Dealers Manufacturing, 5130 Main Street, stated that it was news to him that the Minnesota Depart- ment of Transportation conducted a safety study. Mr. Flora stated that they did not conduct a safety study but did an analysis of the City's proposal. He stated that the Department of Transportation reviewed the proposal and submitted recommenda- tions which supported the bike path location on the west side of Main Street. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 10 Mr. Schwartz stated that there is heavy truck traffic on the west side of Main street, and there really is not any on the east side. He felt that this may be the opportunity to talk with experts in the trucking and biking field to determine if this is the safes.t place to construct the bike path. Councilwoman Bolkcom stated that the City did contact Mr. Greg Pates, Transportation Planner, with the Minnesota Department of Transportation, who is considered an expert in the bike path field. Mr. Flora stated that the west side of Main Street was recommended because of the additional street crossings and driveways on the east side. Mr. Schwartz questioned the cost overruns of $100,000. Mr. Burns; City Manager, stated that at the time the City prepared the capital improvements plan, the costs were estimated as prelimi- nary engineering had not been completed. He stated that since that time, it has been determined that a much larger storm sewer is needed than what was originally anticipated. Mr. Fisher stated that on a project of this type, there is not a lot of earth work involved. He felt that these figures will be very close to the actual cost. Mr. Jim Stager, 4715 Main Street, asked who controls the mosquito larvae at the pond located on the Murphy Warehouse property. Mr. Burns stated that in regard to detention_basins, if they are designed to control water from the site, the maintenance and upkeep is the company's responsibility. Mr. Stager stated that he very seldom observes bikers on Main Street. He felt that most of the biking would occur on the weekends when the businesses are closed, and he did not see a problem with the bike traffic and the truck traffic. MOTION by Councilwoman Bolkcom to receive the following letters regarding the proposed bike path along P�ain Street: Burlington Northern Railroad dated August 8,1994; Concerned Citizens dated July 27, 1994; Dealers Manufacturing dated August l, 1994; Central Roofing Company dated August 15, 1994; API Supply Company dated August 26, 1994; and Safetran Systems Corporation dated August 8, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all. voting aye, Mayor Pro Tem 5chneider declared the motion carried unanimously. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 9:40 p.m. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6 1994 PAGE 11 OLD BUSINESS• 3. SPECIAL USE PERMIT REQUEST, SP #94-03, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRTCT (FLOOD FRINGE)� GENERALLY LOCATED ON THE SOUTH SIDE OF BUFFALO STREET EAST OF RIVERVIEW TERRACE (WARD 3) (TABLED JULY 25, 1994): AND SPECIAL USE PERMIT REOUEST, SP #94-04, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT �FLOOD FRYNGE), GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF BROAD AVENUE (WARD 3) LTABLED JULY 25,1994): AND SPECIAL USE PERMIT REQUEST, SP #94-05, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT jFLOOD FRINGE), GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF BROAD AVENUE (WARD 3) (TABLED JULY 25, 1994): Mayor Pro Tem Schneider removed the above items from the table. Ms. Dacy, Community Development Director, stated that these three special use permits are to allow construction of hames in the flood fringe area. She stated that this item was tabled by the Council at their July 25 meeting to resolve the issues of the height for these homes. She stated that staff was to continue to work with the petitioner, Mr. Hedlund, but, unfortunately, he passed .away. She stated that Mr. Mitch Moe, his nephew, is authorized by the estate to proceed with these requests. Ms, Dacy stated that the Planning Commission recommended approval of the special use permits with various stipulations for each lot. She stated that Mr. Moe has agreed to a height restriction as measured from the street elevation. She stated that staff has calculated the grades and identified them in each of the special use permit requests. She stated it is recommended that the special use permits be approved with the stipulations recommended by the Planning Commission as well as the additional stipulation relating to the height of the dwelling for each of these lots. Mr. Moe, 2301 7th Street N.W., New Brighton, felt that these height restrictions were a reasonable compromise and that his uncle's intent was to construct quality homes. Mr. Clark Nason, 614 Cheryl Street, voiced his concern with the elevation for the home to be constructed on Cheryl Street. He stated that there would be eight feet of fill hauled and then the home constructed on top of it in an area where all the homes are level. He stated that he is still having problems with the sewer in his home even after the shu� off valve was installed. Mayor Pro Tem Schneider stated that Mr. Nason's sewer problem is an issue, but it is unrelated to this request. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 12 Councilman Bolkcom stated that, legally, Council does not have a reason to deny the special use permit, Mr. Burns, City Manager, stated that Mr. Nason's sewer backup problems are not related to the capacity of the sewer line. Mr. Flora, Public Works Director, stated that there is sufficient capacity; however, if anything goes wrong in the system, Mr. Nasan is the first home to have a problem because his property is the lowest in the area. He stated that it is hoped the precautions the City has taken will solve this problem. Ms. Dacy stated that the stipulations relating to the property on Cheryl Street require the home to be built in abaut the middle of the lot which would mean there would be 37-1/2 feet to the property line. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-03, with the following stipulations: (1) the petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824; (2) the petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the one hundred year flood elevation; (3) the fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit; (4) the builder shall grade the property to conform with the engineer- ing plan dated May 23, 1994; (5) the verifying survey sha11 confirm that the grading complies with the plan dated May 23, 1994; (6) rip-rap shall be placed at the end of the swale adjacent to Buffalo Street; (7) erasion control measures shall be installed along the west, south, and east lot lines; (8) the petitioner shall submit retaining wall plans that have been signed by a structural engineer. The retaining wall shall be constructed of concrete or stone; (9j the petitioner shall execute and record against the property a hold harmless agreement releasing the City from liabi- lity if damage occurs as a result of flooding; (10) the petitioner shall grant a 10 foot flood control, street, utility, and drainage easement along the west lot line; (11) the grading and drainage plan shall indicate the number of trees to be preserved; (12) the petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance; and (13) the height of the dwelling shall not exceed 30 feet as measured from the street elevation of 818.25 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-04, with the following stipulations: (1) the petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823.9; (2) the petitioner FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 13 shall fZood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the one hundred year flood elevation; (3) the fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit; (4) the builder shall grade the property to conform with the engineer- ing plan dated May 23, 1994; (5) the verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. The retaining wa13 indicated on the plan shall be constructed of con- crete or stone; (6) the erosion control measures shall be installed along the west, south, and east lot lines; (7) the hold harmless agreement shall be amended to require the property owner to main- tain the storm water catch basin and pipe; (8) the peti-tioner shall execute and record against the property a hold harm-less agreement releasing the City from liability if damage occurs as a result of flooding; (9j the grading and drainage plan shall in- dicate the number of trees to be preserved; (10) the petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance; (11) the dwelling shall be constructed in the location proposed on the grading plan; and (12) the height of the structure shall not exceed 30 feet as measured from the street elevation which is 817.25 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-05, with the following stipulations: (1) the petitioner shall submit an elevation certifieate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.1; (2) the petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the one hundred year flood elevation;. (3) the fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit; (4) the builder shall grade the property to conform with the engineering plan dated May 23, 1994; (5) the verifying survey shall confirm that the grading complies with the plan dated May 23, 1994; (6) erosion control measures shall be installed along the west, south, and east lot lines; (7) the petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding; (8} the grading and drainage plan shall indicate the number of trees to be preserved; (9) the petitioner shal� sign � Combination Form, com- bining the property into one tax statement prior to building permit issuance; and (10) the height of the structure shall not exceed 30 feet as measured from the street elevation which is 818.54 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 14 NEW BUSINESS: 4. RESOLUTION NO. 70-1994 ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 1995: Mr. Pribyl, Finance Director, stated that this resolution is to comply with Minnesota Statutes for submission of a preliminary draft budget for 1995 to meet truth-in-taxation requirements. He stated that the City must certify a proposed budget to the County Auditor prior to September 15, 1994. MOTION by Councilman Billings to adopt Resolution No. 70-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 5. RESOLUTION NO. 71-1994 CERTIFYING "PROPOSED" TAX LEVY REQUIREMENTS FOR 1995 TO THE COUNTY OF ANOKA: Mr. Pribyl, Finance Director, stated that this resolution is to certify a proposed tax levy to the County Auditor. He stated that this "proposed" tax levy of $3,667,686 represents a zero percent increase over the 1994 levy. He stated that there is no increase in taxes based on the levy itself; however, a study by the De�art- ment of Revenue indicates market values have increased for 1995 by approximately three percent. He stated that this would result in a slight increase of about $7.00 for the average home in Fridley. MOTION by Councilman Billings to adopt Resolution No.` 71-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF AUGUST 10. 1994• A. RESOLUTION NO. 72-1994 APPROVING A SUBDIVISION LOT SPLIT L.S. #94-03, TO SPLIT TWO PROPERTIES INTO FOUR SEPARATE PARCELS, GENERALLY LOCATED AT 1476 AND 1490 64TH AVENUE N.E. (BY TIMOTHY STRONG OF STRONG BUILT HOMES) (WARD 2): Ms. Dacy, Community Development Director, stated that this is a request for a lot split for property located in the southwest corner of 64th Avenue and Arthur Street. She stated that there are currently two existing single family homes on the property that faces 64th Avenue at 1476 and 1490. Ms. Dacy stated that the proposal is to divide the south half of �his parcel. � Ms. Dacy stated that the Planning Commission recommended approval of this lot split with seven stipulations. She stated that staff researched the trees to be preserved on the property, and another stipulation is also recommended pertaining to an assessment of $1,000 per lot for the storm water improvement. FRIDLEY CITY COUNCIL ME£TING OF SEPTEMBER 6, 1994 PAGE 15 Mr. Hickok, Planning Coordinator, stated that staff evaluated the woodland area, what significant trees existed, and identified the trees to be preserved on this site. � Mayor Pro Tem Schneider asked who is the owner of the property. Ms. Dacy stated that Tim Strong is the petitioner and will be acquiring the property behind 1476 and 1490 64th Avenue if this lot split is approved. She stated that the owners have signed for the lot split. - Ms. Dacy stated that the Appeals Commission considered a front yard variance request for placement of the homes on the sites, and this was unanimously approved. She stated that since there were no objections this issue would not be submitted to Council. Mayor Pro Tem Schneider stated that the ditch that runs on the south side of the parcel has been an issue with the neighborhood for years. He asked staff:s proposal for maintaining this ditch. Mr. Hickok stated that on the south side there is a natural growth area, while there has been some trimming done on the north.side. He stated that neighboring residents wanted to let the site grow in a more natural state, and he believed this should be encouraged. Councilman Billings asked if.there was a lot split that splits the west and east halves of this lot. Ms. Dacy stated that these lots are under separate descriptions, and she did not know when that original lot split took place. Mr. Hickok stated that the County has indicated that there was a survey on file before Z959 that indicates there are two lots. He stated that each of the lots are separate tax parcels and are recognized as the east and west half of Lot 1, Block 2, Spring Valley Addition. He stated that the lot split will separate the two pieces and allow them to be sold as independent parcels. MOTION by Councilwoman Jorgenson to adopt Resolution No. 72-1994, with the following stipulations attached as Exhibit A: (1) the petitioner shall provide the information requested in Items a through d prior to the issuance of a building permit: (a) clarify the amount of fill in the front yard by adding additional spot elevations and drainage arro�s on the grading plan; (b) clarifp how the shallow ditch section along Arthur Street will be handled; (c) provide accurate first floor elevations to insure proper grades for the sanitary sewer services; and (d) provide an erosion control plan in compliance with Chapter 208; (2) water and sewer services shall be provided to the dwelling units; (3) the sanitary sewer connection shall be made via the manhole located at the intersec- tion of Arthur and Camelot Streets; (4} the petitioner shall pay the appropriate connection fees and SAC charges ($800.00 per unit) at the time of building permit issuance; (5) the petitioner shall FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 16 pay a park dedication fee of $750.00 per lot at the time of buil- ding permit issuance; (6) the petitioner shall provide a verifying survey prior to the capping of the foundation; (7) the petitioner and staff shall designate which trees shall be preserved and pro- tected pursuance to the restrictive covenants. The map prepared as a result of the staff's field inspection shall be attached to these stipulations; and (8) each lot shall be assessed $1,000 for the 64th Avenue storm water project. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 7. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 19 1994 FOR A PLAT RE4UEST, P.S. #94-05, BY KEITH EIBENSTEINER FOR BILTMORE CONSTRUCTION OF NEW BRIGHTON INC. TO SUBDIVIDE PROPERTY GENERALLY LOCATED IN THE SOUTHEAST CORNER OF THE TOTINO-GRACE HIGH SCHOOL PROPERTY AT 1350 GARDENA AVENUE N.E. {WARD 2i: MOTION by Councilwoman Jorgenson to set the public hearing for Plat Request, P.S. #94-05, for September 19, 1994 and notify residents who attended the prior meetings. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 8. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF AUGUST 23, 1994: A. VARIANCE RE4UEST, VAR #94-21, BY IMAGINALITY, INC., FOR MEADOW RUN APARTMENTS TO REDUCE THE SETBACK OF A SIGN FROM THE PROPERTY LINE FROM 10 FEET TO 0 FEET TO ALLOW THE CONSTRUCTION OF A NEW SIGN GENERALLY LOCATED AT 7855 EAST RIVER ROAD �WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to allow the setback of a sign to be at zero feet instead of the required ten feet to allow construction of a new sign which would run perpendicular with the roadway. He stated that there is an existing sign which will be removed as well as the center monument. Mr. Hickok stated that the Appeals Commission unanimously recommended approval of this variance. He stated that staff believes there are alternatives to this variance by modifying the entry island. He stated that this will allow the required 25.foot aisle and still provide adequate space for the sign to meet the required ten foot setback. Mr. Hickok stated that staff has just learned that the County may need additional right-of-way at this location for the improvement of East River Road. He stated that if that is the case, the sign may have to be replaced. Ms. Olek, representing the Management Company for Meadow Run Apartments, stated that she felt the best place for the sign is FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 17 perpendicular to the monument. She stated that the traffic area is very tight. If the curb was moved in any closer, there could be increased problems with traffic, snow removal, and the garbage trucks coming into the site. She stated that tonight was the first time she has heard of the potential right-of-way problem. Mr. Flora, Public Works Director, stated that the City received notice today from the County that they had received funding for the i�provement of East River Road in front of the Meadow Run Apart- ments and are looking at an additional 27 feet of right-of-way. Ms. Olek stated that the sign is not a permanent structure and could be moved at a later time, if necessary. Councilwoman Bolkcom stated that she felt it would not increase its visibility by moving the sign forward. Ms. Olek stated that she felt locating the sign closer to the road and having lights would provide a grand entrance for the apartment complex. She stated that locating the sign further from the road- way, near the landscaping would not be that visible. Councilwoman Jorgenson felt that by removing the pillars, the sign would become more visible, but she cannot support the variance as it stands. She felt that perhaps the petitYOner would like more time to contact the County as to their plans for the improvement of East River Road. Ms. Olek stated that this would be satisfactory, as tonight is the first she received word on the County's plans. MOTION by Councilwoman Bolkcom to table this item to the October 17, 1994 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 9. APPROVE SERVICE CONTRACT WITH ANOKA COUNTY COMMUNITY ACTION PROGRAM FOR ADMINISTRATION OF HOME IMPROVEMENT GRANT PROGRAM: Mr. Fernelius, Housing Coordinator, stated that at their February 7, 1994 meeting Council allocated $124,612 in CDBG funds for housing rehabilitation. He stated that these funds are to be used to provide grants for low income homeowners to upgrade their residences to meet the basic code requirements. Mr. Fernelius stated that applications were accepted in July. Over 23 people applied, and twenty were eligible for this program. Mr. Fernelius stated that the City has contracted with the Anoka County Community Action Program (ACCAP) to administer this program at a cost eleven percent of the budget. He stated that this represents an increase of one percent from last year's service contract. He recommended that Council approve this service FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6. 1994 PAGE 18 contract with ACCAP to administer the home improvement grant program. MOTION by Councilwoman Jorgenson to approve the service contract. with Anoka County Community Activn Program for administration of the home improvement grant program. Seconded by Councilwoman Balkcom. Upon a voice vote, all� voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 10. RESOLUTION NO. 73-1994 APPROVING ANOKA COUNTY COMMLJNITY ACTION PROGRAM LEASEHOLD COOPERATIVE TAX STATUS IN HYDE PARK (WARDS 1 AND 3 ) - Ms. Dacy, Community Development Director, stated that the Anoka County Community Action Program (ACCAP) has submitted an applica- tion to the Minnesota Housing Finance Agency to acquire and rehabilitate one four-plex and two seven unit buildings in Hyde Park. She stated that the purpose of the project is to create affordable housing for single, low income individuals. She stated that the three buildings will be owned and managed by ACCAP as a leasehold cooperative, and the tenants will lease the share from ACCAP, rather than own a share of the cooperative. Ms. Dacy stated that the properties to be acquired are 6008 2nd Street, 5908 2-1/2 Street, and 5916 2-1/2 Street. Ms. Dacy stated that adoption of this resolution endorses Council's support of this project. She stated that ACCAP has also requested HRA assistance, and they have agreed to finance up to fifty percent of the rehabilitation costs. She stated that there would be a tax loss for the three properties of $1,309.94; however, the advantage is the units would be rehabilitated to an increased value and create affordable housing for low income individuals. MOTION by Councilwoman Bolkcom to adopt Resolution No. 73-1994. Seconded by Councilman Billings. Upon a voice vote,`all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 11. APPOINT CITY REPRESENTATIVE TO THE NATIONAL ORGANIZATION ON DISABILITY: Ms. Dacy, Community Development Director, stated that the Human Resources Commission has recommended that Mr. Charles Welf be appointed as the City's representative to the National Organization on Disability. She stated that Mr. Welf would replace Mr. Roger Blohm who was previously appointed and is no longer able to serve as the City's representative. MOTION by Councilwoman Jorgenson to appoint Charles Welf as the City's representative to the National Organization on Disability. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 19 Mayor Pro Tem Schneider requested that staff prepare a plaque for Mr. Blohm for his service to this organization. 12. RECEIVE BIDS ON PERSONAL COMPUTERS FOR THE CITY OF FRIDLEY: Mr. Pribyl, Finance Director, stated that after reviewing the second round of bids, it is requested that Council receive and reject the bids. He stated that out of the four bids received, three did not comply with the specifications. He stated that the only company complying with the specifications was Ameridata. Mr. Pribyl stated that in reviewing the bids for the non-complying companies, it was discovered that they are not able to offer dis- count pricing on PC's that are based on the most recent standards. He stated that the discount pricing comes from the clone manufac- turer's ability to assembie personal computers built from parts that are most often not based on the newest technology. Mr. Pribyl stated that the City could purchase eleven P.C.s upgraded to 66 megahertz off the state contract. He stated that these would be used for the users identified as multi-system or high capacity users. He stated that the specifications for the remaining eleven personal computers could then be reduced to take advantage of the price breaks avail-able from the clone manufac- turers. He stated that this would reduce the overall cost and have funds left over for training on various Windows based software. Mayor Pro Tem Scl�neider asked the.price to purchase �he eleven -_ computers from the.state. Mr. Pribyl stated that this cost is $2,575 per unit. He stated that he did not have an exact price on updating the clones but was estimating a price differential of $200 to $250 per unit. Councilman Billings stated that the price on the clone bid is $2,135 per unit, and the cost to purchase �hrough the State is - $2, 575 per unit which is actually an upgrade to the specifications. He felt that since there is only a difference of about $40Q, it would be better to keep all the personal computers interchangeable and have state-of-the art equipment that can be upgraded. Mayor Pro Tem Schneider stated that the issue of interchangeable is of some significance, but most of the parts are interchangeable. He felt that eleven personal computers should probably be purchased through the state contract, and the other eleven personal computers could be clones and purchased at a Iower price. Councilman Billings stated that the previous computers that the City purchased ended up with memory that was non-expandable. He stated that ii the City had purchased an industry standard, they could probably still use some of the existinq computers. He stated that he is concerned about expanding in the future. The clone manufacturer's do not know what the computers contain and cannot FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 20 assemble a manual. He stated that he did not want the City in a position where fiv_e years from now they need to buy new computers. He stated that he is concerned about purchasing 22 units that cannot be expanded. MoTION by Councilman Billings to receive the following bids and reject all the bids: Bidder Ameridata Computer Parts PC Tailors Blue Star Total Bid $74,639.00 $68,220.84 $4�,936.00 $45,988.00_ Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. _ MOTION by Councilwoman Jorgenson to authorize the purchase of eleven personal computers through the state contract upgraded to 66 megahertz at a price not to exceed $2,600 per unit. Seconded by Councilw�man Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneide� declared the motion carried unanimously. 13. RE50LUTION N0..74-1994 AUTHORIZING THE USE OF CREDIT CARDS AS A METHOD OF PAYMENT FOR CITY SERVICES: Mr. Pribyl, Finance Director, stated that this resolution would provide for residents and other customers to use their credit cards in paying for City services. MOTION by Councilwoman�Jorgenson Seconded by Councilman Billings. aye, Mayor Pro Tem Schneider unanimously. to adopt Resolution No. 74-1994. Upon a voice vote, all voting . declared the motion carried 14. RECEIVE PETITIONS NO. 7-1994 AND 8-1994 FROM BURLINGTON NORTHERN RAILROAD AND MURPHY WAREHOUSE COMPANY FOR WATER SERVICE INSTALLATION lWARD 3): Mr. Flora, Public Works Director, stated that petitions were received from Burlington Northern Railroad and Murphy Warehouse Company for installation of water services to their properties on Main Street. He stated that the petitions request the City to install the improvement and waive the requirement of a public hearing. He stated that the installation of the water services can be incorporated into the contract for the reconstruction of Main Street. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 6, 1994 PAGE 21 MOTION by Councilman Billings to receive Petition No. 7-1994 from Burlington Northern Railroad and Petition No. 8-1994 from Murphy Warehouse Company for installation of water services to their properties. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 15 . APPROVE CHANGE ORDER NO. 1 FOR EMERGENCY REPAIR OF WELL NO. 1, PROJECT NO. 269 �WARD 1� : ' Mr. Flora, Public Works Director, stated that an emergency repair was initiated for the removal of sand from Well No. l. He stated it was expected that the cost would be under $25,000 to remove about thirty to forty cubic yards of sand. He stated that an excess of 150 cubic yards has been removed which has resulted in an increased cost. � MOTION by Councilwoman Jorgenson to authorize Change Order No. 1 with Keys Well Drilling for the Emergency Repair of Well No. l,. Project No. 269, for a total cost of $38,100. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. APPROVE CHANGE ORDER NO. 1 TO COMMONS PARK SHELTER PROJECT NO. 267 (WARD 1): Mr. Flora, Public Works Director, stated that this change order is for, an additional 26 feet of water and sewer service to be installed at the Commons_Park Shelter due to the adjustment in th� location to avoid existing trees on the site. He stated that the. change order also covers the� addition of a hand dryer and the upgrade of exterior doors. MOTION by Councilwoman Bolkcom to attthorize Change Order No. 1 with Karlen Construction for the Commons Park Shelter, Project No. 267 in the amount of $1,319.00. Seeonded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 17. RESOLUTION NO. 75-1994 REOUESTING THE POSTING OF "NO TURNS ON RED" AT THE INTERSECTION OF HIGHWAY 65 AND COUNTY ROAD 35: Mr. Flora, Public Works Director, stated that at the Council mee- ting on August 15, the Council expressed concern regarding the amount of traffic turning on County Road 35 (Central Avenue) which severely impacts neighborhood access to Highway 65. He stated that this resolution would request that the Minnesota Department of mransportation post "no turns on red" at this intersection. MOTION by Councilwoman Jorgenson to adopt Resolution No. 75-1994. Seconded by Councilwoman Bolkcom. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 6, 1994 PAGE 22 Councilman Billings questioned the impact on northbound traffic who wished to make a right turn on Central Avenue. Mr. Flora stated that there should not be a major impact, as it is naw posted for no right turns on red during the peak hours. Councilman Billings felt that it was premature in requesting the change in the sign when no traffic counts have been done. Councilwoman Jorgenson stated that she felt a traffic study was needed for the whole area and possibly even move up the date for the intersection improvement. She stated that there-are about one thousand cars a day trying to get out to the highway. �: Mr. Flora stated that he was not sure the Minnesota Department of Transportation would make any changes, but the resolution requests that they address the issue. They have the final decision, however. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. 18. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that he was pleased to recommend Kyle Birkholz for appointment as the Head Clerk, Liquor Stores. He stated that Mr. Birkholz graduated from the University of Minnesota and started working part-time for the City in 1990 and full-time in 3991. MOTION by Councilman Billings to concur with the following appointment by the City Manager: Starting Starting Name Position Salarv Date Repla�ces Kyle Head Clerk $10.18 Sept. 7, Jery Birkholz Liquor Stores per hour 1994 Cariolano Non-exempt Seconded by Councilwoman Bolkcom. Upon a �oice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 19. INFORMAL 5TATUS REPORTS: Mr. Burns, City Manager, stated that he is proposing an informal discussion after this meeting to discuss the development of the park area behind the Rice Creek Townhomes. He stated that he also wished to discuss the possibility of prohibiting metal buildings. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 6 1994 PAGE 23 Councilman Billings asked if there was a recommendation from the Parks and Recreation Commission on the park near the Rice Creek Townhomes. Mr. Burns stated that this is a recent development and will be submitted to the Parks and Recreation Commission. He stated that the idea originated from members of the Council, and he wished to respond to the question before it is submitted to the Parks and Recreation Commission. Councilman Billings stated that there was a request earlier for the removal of weeds. He felt that there should be a joint powers agreement before anything is done since this park belongs to another entity of government. Councilman Billings questioned if there was action by the Council to initiate the re-acquisition of the park property from the County. Mr. Burns stated that he.acted on what he believed was an informal request, and City staff approached the County with the request for acquisition. Councilman Billings stated that this park is not included in the Five Year Capital Improvements Plan. Whatever funds are spent at this location would reduce funds earmarked for other locations. He stated that there is a park a block away from this park which has playground equipment for children. He stated that�there are many people in the City that do not have a park in their back yard. Councilwoman Jorgenson stated that the County is removing the equipment from this park, and there are 150 children in a very small area that do not have a place to play. Councilman Billings stated that the County chose to provide a facility approximately one block away, and he does not question whether or not they made the right or wrong choice. Councilman BiZlings felt that the normal process is not being followed, and if improvements are done at this park, others may go without. He stated that the last time this issue was discussed in a work session, he asked if this sho.uld not come before the Council so that action could be taken. 20. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 57308 through 57664. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 24 21. LICENSES- MOTION by Councilwoman Bolkcom to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 22. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Newquist & Ekstrum 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of June, 1994 . . . . . . . . . . . . . $ 13,972.50 Statement for Services Rendered as City Prosecuting Attorney for the Month of July, 1994 . . . . . . . . . . . . . $ 14,400.00 ASTECH . P. O. Box 1"025 St. Cloud, MN 56302. Street Improvement Project (Sealcoat) Project No. ST. 1994-10 FINAL ESTIMATE:. . . . . . . . . . . . . . $159,488,25 Bituminous Consulting & Contracting 2456 Main Street N.E. ' Blaine, MN 55449 Concrete Street Repair - Kerry Lane Project No. ST. 1994-12 FINAL ESTIMATE :. . . . . . . . . . . . . . . $ 12,009.00 NewMech Companies, Inc. 1633 Eustis Street St. Paul, MN 55108 Locke Park Water Filter Plant Project No. 240 Estimate No. 8 . . . . . . . . . . . . . . . $ 29, 400. �0 0 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6 1994 PAGE 25 Karlen Construction 901 125th Avenue N.E. Blaine, NIN 55434 Commons Park Shelter Project No. 267 Estimate No. 1 . . . W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 . . . . . . . . . . . . $ 29, 821. 45 Street Reconstruction - Stinson Bou2evard Project No. ST. 1993-7 Estimate No. 2 . . . . . . . . . . . . . . . $ 86, 492. 13 Progressive Contractors, Inc. 8736 Zachary Lane Osseo, MN 55369 Concrete Street Repair - North & South Innsbruck Project No. 1994-7 Estimate No. 1 . . . . . . . . . . . . . . . $109,385.38 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 23. ESTABLISH PUBLIC HEARING FOR OCTOBER 3 1994 FOR A LIQUOR LICENSE FOR THE SHARX CLUBjSHARX SPORTS BAR 3710 EAST RIVER ROAD• MOTION by Councilwoman Bolkcom to set the public hearing for a liquor license ior Sharx Club/Sharx Sports Bar for October 3, 1994. Seconded by Councilman Billings. Upon a voice vote,_�ali voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 6, 1994 adjourned at 11:34 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council 0 Dennis L. Schneider Mayor Pro Tem I , r _ � I Community Development Department PI,ANNING DIVISION City of Fridley DATE: September 15, 1.994 � TO: william Burns, City Manager,�fi Y FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Public Hearing on a Plat Request, P.S.�#94-05, by Keith Eibensteiner for Biltmore Construction The Planning Commission at its August 10., 1994�meeting voted . unanimously to recommend approval of the plat request with the following stipulations: 1. A restrictive covenant shall be recorded against Lots 1 and 2, Block 2, preventing the removal of vegetation, except for dead and diseased trees. Staff has identified the area within whieh the restrictive covenant::shall:�apply,��and the ` legal description is as follows: �ot l, Block 2: ��Beginning: at the southeast corner of said Lot 1 northwesterly alonq a. line to a point 75 feet west of the east lot line of said Lot i, easterlv to the northeast corner of said Lot 1 and thence southerly to the noint of beginnina. Lot 2, Block 2: Beqinning at the northeast corner of said Lot 2 south-to the - cniithAacl- rnrncr -}hcn�c �.�cctcrlv tn a nnint 7S f�Pt wPSt� of . point of beginning. : - . 2. Outlot A shall be named as a lot in the plat. 3. The dwelling o� Lot 1, B1ock 1, shall face Royal 0ak Court. 4. The significant trees along the side lot line of Lot 1, Block 1, within the 17.5 foot setback shall be preserved. Significant trees are defined as those trees.six inches or greater in caliper. , .� � 5. Verifying surveys shall be submitted prior t6 the cappi g the foundation. �} F -� �� _ . .. . _ - :.�" ... . 0 Eibensteiner Plat September 15, 1994 Page 2 . 6. The petitioner shall pay a park dedication fee of $1,500 p�r , lot (9 x$1,500 =$13,500) at the time of building permit issuance. 7. The water quality pond shall be sized to meet the requirements of the Rice Creek Watershed District. (This stipulation has been amended to reflect the petitioner's intent to use the existing wetland to meet the de�ention requirements of the City. The water quality pond will not be downsized as a result of th.e amended stipulation.) 8. The Archdiocese shall execute and record a stormwater pond maintenance agreement providing for ongoing maintenance of the pond. . 9. .The drainage easement shall be dedicated over the water quality pond. (This stipulation has been am�nded to reflect the changes in Stipulation #7..) 10. The design details of the six inch watermain loop as proposed by the petitioner shall be approved by the Publ.ic Works Director. 11. The petitioner shall install water and sewer services to the� lots on Matterhorn Drive and shall pay the appropriate. connection fees. � 12. SAC fees shall be paid at the time of building permit issuance. 13. The petitioner shall comply with the comments listed in ; Scott Erickson's memo dated June 16, 1994,. except`for ite7ns �2. #4, and #22 which no longer apply to the request. 14. Individual grading, erosion controi, and tree preservation plans shall be submitted for each lot prior to the issuance - of.a building permit. 15. The improper fill of the wetland shall be removed and the wetland restored. , 16. Restrictive covenants shall be recorded against Lo�s 5, 6, � and 7, Block 1, preventing any filling of wetlancl�s, ineluding brush, grass clippings, trash, etc... �A�cessory . structures and footings for decks, additions, gazebos, shall not be located in the wetlands as delineated on t� plat. The language shal_1 be reviewed by the.C,ity�ttorney.� y.1 °�� Eibensteiner Plat September 15, 1994 Page 3 17. No grading shall occur below the elevation of 948 on Lots 5 and 6, Block 1, and the lowest basement floor opening shall be at the 950 or above elevation. No grading shall occur below the elevation of 953 on Lot 7, Block l, and the lowest basement floor opening shall be at the 955 elevation or above. 18. The dwellings on Lots 5 and 6, BZock 1, shall be located as close to the lot line opposite the wetland as the code permits . 19. Two s.treet trees per lot shall be planted by the petiti�ner. 20. The individual grading, erosion control, and tree preservation plan for each lot shall clearly show: A. The grading limits for the construction flf the new home. � B. The location ribbon) that construction outside the of warning signage (tree protection will be placed around the perimeter.of the limits protecting all significant trees' construction limits. C. The location of any significant trees'to be s�av�ed .�� inside the construction limits. Any significant trees.. to be saved shaTl have fencing around it extended to the dripline. Work shall not commence until the City staff has field inspected items #B and #C of the stipulation. . , • 2i. The lot shail not be clear cut of significant trees. '�: 22. Restrictive covenants shall be recorded against the lots definina a 15 foot no-cut easement which shall be � established along the south property line of Lots l- 5,� � Block 1, Totino-Grace Addition. The easement shall prohibit:� - the cutting of trees or clearing of understory except for the removal of dead or diseased trees, subject to Public, Works opinion that there`is no impact to drainage by leavinq the trees. � � �' 23. The City shall enter into a developers aqreement,for the enforcement of the stipulations. � � Stipulation #18 has been modified b staff to clarify recommendation on Lots 5 and-_6, Block 1. We want.to lot owners to place the home as far from the wetTand Absent a specific wetland setback, stipulations #17 �.z , { � our �i�i�ourage � as possible. and #18 Eibensteiner Plat September 15, 1994 Page 4 should help to protect the wetland. The City Attorney is currently drafting the Developer's Agreement for approval by the City Council. Approval of the Developer's Agreement is scheduled in conjunction with approval of the final plat. At the writing of this memorandum, there is_no further information regarding the Trust for Public Land or the possibility of grant money through the Mississippi National River and Recreation Area funding. The subdivision ordinance requires the City Council to conduet a. public hearing. Staff recommends that the City.Gouncil conduct the public hearing as required by the subdivision ordinance. � MM/dn M-94-547 _ � <; . � � ■ _: �. . ; � � � � � '� ;�-.;.� _ . � _ �„� 1.3 - P.S. 4�94-OS � "_. ^. Keith Eibensteiner ' ._ � ' �' - - ��— . , i Q� ,�� _, ' � � a, ,` �; _.. , _\ `; ` ` �'„ � � � r r' 1i Gi � `' - r r � ~-' � � � � . . - r f i � � � \ � `�� ` � � ` � �� \ . ` j - � ` � / � �_ _ 1 ; � 'S� \� � r - -�_ _�._ __ _ � �' � ' '' . E p �''� . �".l��\_I� �`_.../�� ,`i-� �SQi!� ��' . _ � Y^ . �..\ � • � . i �\ � / . ; -----1` � ` ' �^�-�,_ � � �`r�,��"> �� 1 �, — -- __ _._ � '� � �- -_, ' — i i _� `. — - - - � r � ' � ``, �, ' __. _. _ _ ��' � ��`� 4 : � J` �, — , ��. � �r: sG. � � ~ -- _ � ,1 ,� �� .1�t5�;�p \\ 1 �� '� / O '1 � - - � �/ \ � i i o •� � 1 � . : 9�� — -- � S 85°Og'32" f � � . � . � � � �� f� BA�LFlELC L. � � �-- � ' ' 3 45'- �,,�,.`�, h� / 1.:. � � i \ . -� . � �, , � � i , � �`9 r��/�- ; / 7 �, + _ \ \ �_. I '�`�Y , ! ' �-- �' �.r ' ; . \ �� } , " ; / �'.,.- . . -��.� � `� \, ; ,Z � ( _ \ _ 1` � � / � � ` � \ � 13, 8 i 3 sq. ft. � �� _ i � � 1 �: ! ,. ' , � _ . _ \ � ----g60 � 2Q.0� ;, ti ,_..� �\ '-- — — — -- - ` -1 � r — — -- +� . --- . .\� . �T_: �. . ' . .. . . - ��. \ . . � `' . . . . . � � . / �� .. �. r • ' . 1 ' _ �, . � ' � :�. � I ,� . � � � \ r \ � : Cr�� /� � � �ii'�r�f/� •� y 1 , Kristin� �c L�avid t'• �1 Morgo ' � � � �v � � Nprr�S I � / / �1� ' �.�Y �-� �er ' . ��, � s i ��`� �?� . l � c •� � � � � , , � � ,i , ` , \ `� ! ` \ ' 1 � � v y'` � . . � �. � � i � � � �!� 1 � � � 1 - � _ Ju�ith & �ciqh ,�'� 1 \ y � � An�e � � i � � , 'r '� , ., 1 ` uy r I ' , _ . HfeA . , � 1 � � • Tron ,::� ` :-,�„''. i ,� �� __ y.4 GRAPHIC SJ 0 25 50 �� STAFF REPORT Community Development Department APPLICATION NUMBER: PS #94-05 PETITIONER• Keith Ebensteiner Archdiocese of St. High School). LOCATION• Appeals Commission Date Planning Commission Date : June 29, 1994 , AugusC 10, 1994 City Council Date : September 19, 1994 for Biltmore Construction, petitioner. Paul and Minneapolis, fee owner (Totino Grace The subject parcel is located at the intersection of Matterhorn Drive and Gardena Avenues. The areas to be platted are located in the southwest and southeast corners of the subject parcel. The parcel is zoned R-1, Single Family, as are.the surrounding parcels. RE4IIEST: ,,� , -� .' ' The petitioner proposes to�areate nine single��family lots and one l�t for the High School. ANALYSIS• Parcel Description : � � Located on the subject parcel:�is��Totino�'Grace High School�. ��Tlie � high school campus is composed of the school,;'a retreat building,�:` a maintenance building, track, and baseball, softball, and football fields. A 25 foot drainage and utility easement'-.running _ north-south across the property is located:within the western lJ3 of the subject parcel. A public watermain is:located within the:�:',..�. easement. Located in the southwest corner of the property is a tree stand comprised of oak trees, sumac, virginia creeper, and ch�rry trees. These trees are.located at the rear of the two/proposed lots on Matterhorn Drive. This vegetation should be preserved with the exception of the removal of dead or dise�sec� trees.: r � . ' ;�;� u� - - ;�,�.,'� - 1.5 ' I Staff Report PS #94-05, Keith Eibensteiner for Biltmore Construction Page 2 **Stipulation** A restrictive covenant shall be recorded against Lot i and 2, Block 2 preventinq the removal of veqetation except for dead/diseased trees. Located in the southeast corner of the property is a larger area of woodland which was once part of the woodland located to the east known as "Peck's Woods" by the residents. This woodland was probably once part of an oak savannah. A number of oak trees still exist, however, they are overgrown with chokecherry, riverbank grape, maple,.ash, buckthorn, and honeylocust. Also located in this corner of the parcel are two Type 5 wetZands. These wetlands are characterized by 90-95� o.pen water surrounded by wetland plants. The wetlands are less than 1/2 acre and between 1/2 and 1 acre in size respectively. Project Description The proposed project includes nine single family lots. Two lots. will abut Matterhorn Drive on the west. The remaining lots will have access via a street "Royal Oak Court" from Arthur Street on the east. One 1ot wiil be created for the high school campus. This 1ot is currently identified as an outlot and should be defined as a lot. }+, _ �.- ;; **Stipulation** Outlat A shall be named as a��lot�� in;the ' plat. District Requirements Zoninct , , ,.: The R-1, Single Family Dwelling District requires lot areas of • 9,000 square feet and lot widths of 75 feet, as measured at.the'' front yard setback. Corner lots reguire a lot width of 80;feet. The following chart identifies the lot area and lot width of each oi the proposed lots: `, � LOT/BLOCK LOT AREA 1, 2, 3, 4 5, 6, 7, 1, 2, 1 1 1 ,1 1 1 1 2 2 12,667 12,370 14,848 15,032 24,491 19, 628 15,891 13,813 16,170 1.s I�OT WIDTH 25$ MARIMiTM � I00 95 90. 87 116 105 117 93 85 3,167 3, 093,- 3,71� .,3,7�a8 ' 6,123 ; 4,90`7 3 , 9 �� ,."'"�., 4 53 4,042 Staff Report PS #94-05, Keith Eibensteiner for Biltmore Construction Page 3 As Lot 1, Block 1 has a lot width of l00 feet, the dwelling unit should face Royal Oak Court as opposed to Arthur Street. In addition, the trees along the side corner lot line within the 17.5 foot setback should be preserved to provide screening for the dwellings located on the east side of Arthur Street which face the development. **Stipulation** **Stipulation** (June 29, 1994) STAFF UPDATE The dwellinq on Lot 1, Block 1, shall face Royal Oak Court. The trees alonq the side lot line of Lot l, Block 1, within the 17.5 foot setback shall be preserved. The petitioner has submitted language amending the.stipulation to read the "significant trees along the side lot line shall be preserved" and has suggested a minimum caliper of 8 inches. The landscape ordinance defines large trees as 4 inches in caliper or greater. Staff recommends that a compromise caliper of 6 inches be used. r�. Verifying surveys are required to insure compliance witfi��the setback requirements. **stipulation** verifyinq surveys shall be submitted prior to � the capping of the foundation. The total acreage of the subject parcel is 34.1 acres., 3.32 acres will be used for single family lots. Approximately .4.4�.r. acres will be used for the proposed road and its right of way. The remaining 30.34 acres will remain under the ownership of the Archdiocese. Subdivision Sectian 211.07 of the City Code sets forth the design requirements for all plats. These include dedication for parks, street pattern and construction, and minimum improvements. Park Dedication �� / The ordinance requires either a dedication of land (10�);of - area to be platted or a cash equivalent ($1500.00 per lot) pubiic uses such as parks, playgrounds, etc. The Cit�-�-;has � typically required cash payment into the Park Dedi`cation Fund. The Park and Recreation Commission typically reviews alI park 1.7 Staff Report PS #94-05, Keith Eibensteiner for Biltmore Construction Page 4 dedications for each plat request. The Commission will meet on July 11, 1994 to discuss this request. **Stipulation** The petitioner shall pay a park dedication fee of $1,500.00 per lot (9 x$1,500.00 = $13,500.00) at the time of buildinq permit issuance. Road Desian The petitioner is proposing to construct a 32 foot wide cul-de- sac with a length of 278.15 feet and a diameter of 80 feet to serve the 7 lots. This is within the maximum 600 feet and meets the requirement of an 80 foot diameter. The petitioner will be dedicating a 50 foot right of way and 100 foot diameter, which meets the requirements of the ordinance. The road rises 4 feet over a distance of 330 feet for a slope of 1.2�, we11 withi�n the 6� recommended. The two lots on the w�st will have direct access to Matterhorn Drive. Stormwater Pond The petitioner is proposing to construct a sedimentation pond ,. along the north edge of the street. This wili-accept stormwater from two catchbasins located 100 feet from the intersection of the cul-de-sac with Arthur Street. The sedimentation basin will allow sediment and other pollutants to "settle out" prior to stormwater entering the wetland to the north. The City typically requires detention basins which are dry as opposed to sedimentation ponds which retain some water. The petitioner has not sized the p.ond to detain the required amount of water due,to the increase in runoff as a result of increased impervious • surface. The stormwater pond will need to. be maintained by the Archdiocese. The Archdiocese will need to execute and record a stormwater pond maintenance agreement. An easement shall be dedicated over the pond preserving it for stormwater purposes. The pond shall not be located on the residential lot 7. **Stipulation** The stormwater pond shall be sized to meet the.detention requirements of the G�ity. a **Stipulation** The Archdiocese shall, execute and reAcord stormwater pond maintenance aqreement providinq for ongoinq maintenaace ��f the"- pond. - :,.�'� 1.8 Staff Report PS �94-05, Keith Eibensteiner for Biltmore Construction Page 5 **Stipulation** Utilities A drainaqe easement shall be dedicated over the stormwater pond. The petitioner has submitted a preliminary utility plan. Two watermains are located on the subject parcel, one 10-14" �ain located within the 25 foot utility easement, the other 6" main located in an east-west location approximately midpoint on the parcel. The 6 inch main connects and is.perpendicular to the larger main (see utility map). The petitioner will install water and sewer lines within the proposed right of way to service the 7 lots. The petitioner proposes to "loop" the watermain within the right of way to eliminate a-dead-end line. The Engineering Department has stated that this is not acceptable. Connection to either of the watermains located on the parcel will be required. If cannection to the 6" main occurs, a 25•foot easement will be required to be dedicated. . A 25 foot easement should also be dedicated over the connection line. The easement may be 20 feet between Lots 6 and 7. **stipulation** (June 29, 1994) **stipulation** (June 29, 1994) The petitioner shall connect the watermain with either the 10-14�� or 6�� mains located on ; ` the property. . � :�:: _ �. . . The petitioner shall dedicate a 25 foot easement over the water connectioa line. If � the 6�� main is used, a 25 foot easement shall also be dedicated. STAFF IIPDATE (Auqust 2, 1994) The petitioner investigated-:the two Engineering Department for-looping July 21, 1994). Due to the impact Erigineering Department will-accept, within the right-of-way as'proposed two stipulations should be deleted. proposed: .a �: � � . � � . � .i.4��-. alternatives proposed by the the watermain (see memo,dated to the trees on-site, the the looping of the watermain by the petitioner. The above A new stipulation is **Stipulation** The desiqn details of the 6 inch wat�ermain loop as proposed by the petitioner.rshall be approved by the Public Works Direc�tor. •This option is acceptable only if•the�trees indicated in the Royal Oaks memo dgted 21, � 1994 are not removed as a"iesu�t of�"a other construction. =-�`"" � 1.9 Staff Report PS #94-05, Keith Eibensteiner for Biltmore Construction Page 6 The two lots on Matterhorn will require that both sewer and water services be instaZled from the mains ta the property lines. **Stipulation** The petitioner shall install water and sewer services to the lots on Matterhorn and shall pay the appropriate connection fees. The Metropolitan Waste Control Commission will require payment of Sewer Availability Charges (SAC). The current fee is $800.00 per owner occupied unit. **Stipulation** SAC fees shall be paid at the time of buildinq permit issuance. The Engineering Department has reviewed.the preliminary drawings for grading, utilities, and road construction. Their requirements are outlined in Scott Erickson's memo dated June 22, 1994. **stipulation** The petitioner shall aomply with the comments listed in Scott Erickson•s memo date8 June 16, 199�. . ,; Gradinct and Drainage � ` ��; ` - The petitioner has submitted a preliminary grading and drainage plan for the entire plat. Individual grading plans,with erosion control measures clearly defined shall be submitted for.each lot prior to the issuance of a building permit. Staff will review the plans for compliance with Chapter 208, "Erosion��Co�trol" o£ the City Code, and fo� compliance with the stipulatioris outlir�ed. in the Section "Wetlands" of the staff report for wetland preservation. **stipulation** (June 29, 1994) STAFF IIPDATE Individual qradinq and e�osion shall be submitted for each lot issuance of a buildinq permit. control� plans ; prior ; to .the'' The petitioner submitted language to include the words ntree preservation" in the stipulation. Staff.concurs with t�he requested change. , , / , � f Wetlands � ,� ,� .t Two Type 5 wetlands are located on the property"`i-ri''�the-southeast corner. The wetlands were delineated as required by the O-4 1.10 Staff Report PS #94-05, Keith Eibensteiner for Biltmore Construction Page 7 Overlay Ordinance and State Statute. 5taff and the City's consultant reviewed the delineation with a site visit on June 20, 1994. The consultant confirmed the delineation as being accurate. The consultant stated that the delineation was "conservative"; the delineation line was well outside the edge of the wetland. It was observed that improper fill of the wetland to the east has occurred. Barrels, sand, construction debris, grass clippings, etc., have been dumped in the wetland. These items should be removed and the wetland restored. **Stipulation** The improper fill in the wetland shall�be removed and the wetland restored. The petitioner is not proposing.to drain or fill the.wetlands. Lots 5, 6, and 7, Block 1 will have portions of wetlands on them. In reviewing the_plat, staff has the following recommended stipulations to preserve and protect the wetlands on these lots: **Stipulation** Restrictive covenants shall be recarded. aqainst Lots 5, 6, and 7, Block 1 preventinq any fillinq of wetlands including brush, �:. qrass clippinqs, trash, etc.. Accesscry structures and footinqs for decks, a8ditions, gazebos, etc. shall not be located in the wetlands as delineated on the plat. **Stipulation** No grading shall occur below the elevation of (June 29, 1994) 948 on Lots 5 and 6, Block 1. No grading , shall occur below the elevation of 953 on,Lot 7, Block 1. STAFF IIPDATE The petitioner submitted language to add a minimum floor opening elevation for each of the three dwellings. Staff concurs with the request change. **Stipulation** The dwellings on Lots 5, 6, and 7, Block 1 shall be located a maximum 10 feet f-rom the lot line opposite the wetland. •' / � , Trees � , � .� As was stated earlier, a number of mature trees exist�� each-� "" part of the.proposed plat. A number of trees wili""need to be removed in order to construct the proposed road." The developer 1.11 Staff Report PS #94-05, Keith Eibensteiner for Biltmore Construction Page 8 ' has clearly marked the construction limits on the proposed grading plan. The construction limits follow the right of way line and include the sedimentation pond on the north. Section 211.08.03 of the City Code requires a developer to plant two trees per lot for each residential subdivision. **Stipulation** Two street trees per lot shall be planted by the petitioner. The trees remaining�on the lots should not be clear cut. The . grading plan submitted for each individual lot should inventory all trees 4" in caliper or greater on the lot and indicate which trees are to be removed for construction of the dwelling. This shall be done prior to the issuance of a building permit. **Stipulation** The qradinq plans for each lot shall indicate (June 29, 1994) all trees 4�• or qreater in caliper loeated on the lot and shall indicate which trees are to be removed to allow construction of the dwellinq. STAFF OPDATE . The petitioner submitted the following revised language:for this � stipulat3on: "The individual grading, erosion control, and tree preservation plan for each lot shall clearly show: A. The grading limits for the construction of the new ho�e. B. The location of warning signage (tree protection ribbonj that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. C. The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around it extended out the dripline." Staff concurs with the requested language with the following addition: ��Work shall not commence until City staff h�s field inspected items B and C of the stipulation." � **stipulation** The lots shall nat be clear cut. - 1.12 Staff Report PS #94-05, Keith Eibensteiner for Biltmore Construction Page 9 STAFF IIPDATE The petitioner has requested that the stipulation be amended to read: "The lots shall not be clear cut of significant trees." Staff concurs with the recommended change as it will allow the clearing of the understory. Environmental Assessment Worksheet The neighborhood has expressed concerns regarding the environmental impact of the proposed development (see letter from Friends of Innsbruck Park). They have informed staff that they will petition for an Environmental Assessment Worksheet (EAW) to be completed. If it is determined that an EAW is required, the rules state that no action can be taken on the project by the City. The Planning Commission should.table action, including conducting the public hearing, on the request until the EAW i�. complete. Staff will provide a verbal update regarding the EAW process at the meeting. The Parks and Recreation Commission.reviewed the.request at its August 1, 1994 meeting. Commissioner Young suggested that a buffer of existing vegetation be maintained along the south µ property"line ta°protect-the adjacent"properties:from the development. Staff suggests the following stipulation to address this comment: • **stipulation** A 15 foot ��no cut�� easement shall be established alonq the south property line of Lots i- 5, Block 1, Totino-Grace Addition.. The easement �shall prohibit the cuttinq of,.: +trees:or:.clearinq of understory except for the removal of dead or diseased trees. RECOMMENDATION/3TIPIILATIONS: Staff recommends that the Planning Commission recommend approval of the request to the City Council with the:following stipulations: 1. A restrictive covenant shall be recorded against Lot l and 2, Block 2 preventing the removal of vegetation eXCept for dead/diseased trees. J N • ` � 2. Outlot A shall be named as a"lot" in the plat. � �, �.. , �b..� . � 3. The dwelling on Lot 1, Block 1, shail face Rn'�al 0ak Court. 1.13 Staff Report PS #94-05, Keith Eibensteiner for Biitmore Construction Page 10 4. The significant trees along the side lot line of Lot 1, Block 1, within the 17.5 foot setback shall be preserved. "Sianificant trees" are defined as those six inches o� greater in caliper. 5. 6. 7. Verifying surveys shall be submitted prior to the capping of the foundation. The petitioner shall pay a park dedication fee of $1500.00 per lot (9 x$1,500 =$13,5U0)at the�time qf building permit issuance . The stormwater pond shall be sized to meet the detention requirements of the City. 8. The Archdiocese shall execute and record a stonawater.pond maintenance agreement prov�ding for ongoing maintenance. of the pond. • 9. A drainage easement shail be dedicated over the stormwater pond. ' lo. The design details..of the 6 inch watermain loop as,proposed s by the petitioner shall be approved.by the'Public Works Director. � 11. The petitioner shall install water and sewer services to the . lots on Matterhorn,and shall pay the appropriate connection fees. , 12. SAC fees shall be paid at the time of buiTding�permi� ,,� issuance. 13. The petitioner shall comply with the comments listed in Scott Erickson's memo dated June 16, 1994. 14. Individual grading, erosion control, and tree preservation plans shall be submitted for each lot prior to the issuance of a building permit. 15. The improper fill in t�e wetland shall be removed and the wetland restored. •' �. � � • � s a , . � � -.. ... � ...."e"�� . -.. 1.14 Staff Report PS #94-05, Keith Eibensteiner for Biltmore Construction Page 11 16. Restrictiva covenants shall be recorded against Lots 5, 6, and 7, Block 1 preventing any filling of wetlands including brush, grass clippings, trash, etc. Accessory structures and footings for decks, additions, gazebos, etc. shall not be located in the wetlands as delineated on the plat. The language shall be reviewed by the City Attorney. 17. No grading shall occur below the elevation of 948 on Lots 5 and 6, Block 1, and the lowest basement floor opening shall be at the 950 or above elevation. No grading shall occur below the elevation of 953 on Lot 7, Block 1, and the lowest basement floor opening shall be at.the 955.elevation or above. 18. The dwellings on Lots 5, 6, and 7, Block �. shall be located a maximum of IO feet from the lot line opposite:.the wetland. 19. Two street trees per lot shall be planted by the petitioner.. 20. The individual gradinq, erosion control, and tree preservation plan for each lot shall clearlY show: A. The ctradina limits for the construction of the:new x:�, home. �..: ' < �,�,:. B�. The location of warninci sianage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees qutside the construction limits. � �- �� C. The location of anv significant trees to be ```saved -=Y inside the construction limits. Any siqnificant trees to be saved shall have fencing around it extended out the drigline." Work shall not commence until City staff has field inspected .' items B and C of the sti,pulation. 21. The lots shall not be clear cut of significant trees., 22. A 15 foot "no cut" easement shall be established along the south property line of Lots l- 5, Block 1, Totind-Grace Addition. The easement shall prohibit the cuttir�g of trees or clearing of understory except for the removal,ofldea, diseased trees. � u, �.;b, , - __ �, 1�15 ;::� ,s rtLY r r$ � �� [;t t°:; r"'j �i `i %.:�' ��.� � '�::;, o-.,: • E:.. Staff Report PS #94-05, Keith Eibensteiner for Biltmore Construction Page 12 PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission added another stipulation: 23. The City shall enter into a Developer's Agreement for the enforcement of the stipulations. CITY COUNCIL RECOMMENDATION Staff recommends. that the City Council concur with the Commission's action. 1.16 � /: / M ✓ - i") `.,^�. ...- )', i •- \ �'� :.�'i,� _ ��%,c, � �� xo��L o�Ks . �� REALTY, INC. August 26, 1994 Mr. John Flora Public Works Director City of Fridley 6431 University Ave. NE Fridley, MN 55432 RE: Totino Grace Addition Dear Mr. Flora: Our civil engineer, Mr. Charles W. Plowe, has begun the final engineering design of all public improvements in the Totino Graee Addition. It is our understanding that the Ciry will require the following procedures: A. The cost of design and construction of all publie improvements_will be paid 100% by Royal Oaks Realty and there. will be no need for property assessment by the City. B. All design shall be in accordance with the City of Fridley minimum design - specifications. ' C: �''� �All-�final desigiiplari� sliall be approved by°the Fridiey Publie-Works =Director �' � prior to construction _ , : ' ' D. ` -Royal �0aks ;'Realty; will "_hire�. C.W: -`Houle, Inc. : for the constntction of site . improvements. . � _ E. The City of Fridley . shall perform .' construction inspections of all public improvements as deemed appropriate. - ` F. Royal Oaks Realty shall give the City of Fridley escrow monies for the installation ` o€ a final lift of ; asphalt on ; Royal � Oak Court. The final asph�lt 1ift shall - be constructed by the :City after; the last home is constructed Thank you for your time and consideration. Yours Truly, �^ , � �--t � `^ Michael J. Black Project Manager Land Development Division Royal Oaks Realry; Inc." Copy: Keith Eibensteiner, Biltmore Construction Chuck Plowe, Charles W. Plowe Consulting Engineer �.. A / � �" � � �.:.:.�' `..-� � 4196 Lexin�ton Avenue • Shoreview, Minnesota 55] 26 •(6121483-5518 • Fax (612) 483-5642 �� KO'��IL O�IKS �� REALTY, INC. August 2, 1994 Barbara Dacy Community Development Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 RE: Totino Grace Addi�ion Dear Ms. Dacy: In anticipation of the Fridley Planning Commission meeting on Wednesda�, August 10, 1994 the following is our written response and suggestions to the Pianning staff's recommendation and sdpulations in your June 29, �994 report. Stipulations 1, 2 and 3 are accepted, _. ; - Stipuiation 4 should be changed to read.=_Tfie'�si�n'ificanf trees �long the;side' lot�.iine o� Lot�l; Block 1 within the 17.5 foot setback shall be preserved. (note: In determining what is a;:- "significant° tree we suggest that the City of Fridley use the City of �agan°s de�nition which is 8 inches in diameter for a deciduous tree or 15 feet in height for a coniferQus tree.) . Stipulation 5 is accepted. � Stipulation 6 is accepted under protest because the park dedication fee of $1500.00 per lot �is . almost twice as much charged by any other city. ±�- Stipulation 7 is accepted. Stipulation 8 is also accepted under protest because we believe it is the City who should' accept the long term and on-going maintenance responsibility of the City's drainage system: Since the property owner in this case is the Archdiocese of St. Paul, a copy of the City's Storm Sewer Pond Agreement has been forwarded to them for their review and comment. Stipulation 9 is accepted. l' : . a . / _ Stipulation `10 should read: - The proposed i6 incfi watertnain -in Royal Oak Coui`t shall be. back out to Arthur Street. The design details shall be approved by the Public Works D' . rY,. . _,� , . Stipulation 11 is no longer needed. 4196 Lexington Avenue • Shoreview, Minne o�a��126 •(612) 483-5518 � Fax (612) 483-5642 2 Stipualtion 12 and 13 are accepted. Stipulation 14 is accepted with the understanding that certain facts and conditions stated in the June 16, i994 memo have changed. Stipulation 15 should be changed to read: Individual grading, erosion control, and tree preservation plans shall be submitted for each lot prior to the issuance of a building permit. Stipulation 16 is accepted. Stipulation 17 is accepted. Stipulation 18 should be changed to read: No grading shall occur below the elevation of 948 on lots 5 and 6, Block 1 and the lowest basement floor opening shall be at the 950 or above. elevation. No grading shall occur below the elevation of 953 on lot 7, Block 1 and the lowest. basement floor openin� shall be at the 955 elevation or above. . . Stipulation 20 is accepted. Stipulation 21 should be changed to read: The individual grading, erosion control and tree. preservation plan for each lot shall clearly show: ' a. the grading limits for the construction of the new home �. b. the location of warning signage (tree protection ribbon) that will be placed azound�: � the perimeter oi the .construction limits protecting all significant trees° outside the , construction limits. c. the location of any significant trees to be saved inside the construction limits. I Any significant trees to be saved shall have fencing around it extended out to the dripline. ,. , Stipulation 22 should be changed to read: The lots shall not be clear cut of si�nificant trees. ; We believe these suggested changes to the various stipulation will in no way sacrifice their I purpose and will indeed better help in the implementation. If you have questions, please do not hesitate to call me. Yours ruly, 1n_ ; �� U v` Michael Black Project Manager Land Development Division Royal Oaks Realty, Inc. 1.19 ,� _ �,�,. i / �� • � �� KO��IL O�IKS �� REALTY, ! C. MEMORANDUM TO: Scott Erickson, City of Fridley Engineeri.ng Dept. FROM: Mike Black and Keith Eibensteiner, Biltmore Construction DATE: July 21, 1994 SUBJ: Totino Grace Addition -- Water main loop M'� V�'• �' �� This memo is intended to document the existing conditions found on Monday, July 18, 1994, when investigating a water main loop from Royal Oak Court in a Northwesterly ciireciion tuwards the Totino Grace- High �chool: The approximate distance of looping the water main towards the lugh school is 450 feet of about 85 feet longer thatr looping the line back out to Arthur Street in Roya1 Court. Our major concexns with looping the water main in the northwesterly direction are: 1. The impact on significant trees. Our inspection revealed that eight large trees would be impacted. They are: 25 ft. high spruce, 10 inch aspen, 2 ft. oak, 4-6 inch oak, 2 ft. oak, 3.5 ft. oak, : 3 ft. oak .and 2 ft. oak. In addition, the water :� main construction_: would:-require xhe. r�moval of: all ground ,, vegetarion, smaller trees � and plant life and woutd have the �: '� appearance of a walkway to and from;the school yard. 2. The close proximity of the water main extention to the existing building. We are concerned for the possible under- mining of the building foundation when extending the pipe, around the southwest comer of tb.e buil.ding. 3. A twenty-five foot utility easement between lots 6& 7 will reduce the buildable area on each lot. W� ha.ve agreed with the Planning Commission to construct the homes on Lots 6& 7 as far back as possible from the wetlands on each lot. A water utiiity easement is contrary to that objective. 3 +. In summary, it is our belief that looping the water main in Royal: Oak Court�back out to Arthur Street is a more viable alternative. It would be environmentally sensitive to the site's natural conditions and it will function and serve the purpose of a"looped sy ' that the City has requested. . � � �� .. - � _,�,.,- -. 4196 Lexington Avenue . Shorev+ew, Minnesota 55126 +(612) 483-5518 • Fax (612) 483-5642 � TO: FFtOM: DATE: Eng�n,eer�ia Sewer �:'ater Pa�ks Streets M:�In;e�?ar,cc � ME M4RANDUM Barbara Dacy� Community Devetopment Director Michele McPherson, Pianning Assistarrt John G. Flora��Pubiic Works Director Scott Erickson, Assistant Public Worlcs Di�ecto� June 16, 1994 PW94201 SUBJECT: Preliminary Utility and Grading Review of the Totino Grace Plat 1. It is recommended to administer the project similar to the street and utility construction that was performed by Wa!-Mart. The devetoper wili provide ail plans, soii borings, design, inspection, - surveying and contractor. The devetope� will petition the City to administer the construction and � inspection of the road. �_.;:2. = Prefer the developer 1oop. #he watem�ain from Arthur Street=to #he existing main located on the Totino Grace property. �. i, � . _ �: . , �: 3. lnstail valves on the watermain at both ends. . -- 4: W;- A 20-ft t,�tility easement wiN be necessary for the watermain extension within the plat. Easemet�is in outlot A should be 25 ft wide. � _ 5. Show the existing inver# elevations of the sanitary sewer manholes,in Arthur $treet. _ ,�: 6. Design the new sewer main with #he maximum grade possible, currentty it is shown at minimurr� grade. 7. All utilities shall be installed pe� City of Fridiey spec�cations and wifl be inspected by the City. , 8. The lots iocated off of Matterhom Drive do not have water or sewer senrices stubbed to them. Contractor will install to City standards. Strest patch to be compteted by City. 9. Use 20-ft radius B618 curb returr�s on Arthur Street. f� . 10. Water and sewer lateral fee assessments witl be applied to each lot. An, additional street and storm sewer assessmerrt wiil be included for the lots located off of Matterhom Drive, r :=� :�=_. . 11. Provide a street and utility plan showing-ptan and profiles. �-�.,< �� 12. Use NEENAH R-3250 A for catch basin grates and NEENAH R-1733-A lids and castings (27 in. diameter) for manhole covers. 1.21 � . .., � June 24, 1994 Page 2 13. tnstaii a grate on the end of the storm pipe outtet. 14. Soil borings wiil be required in the street design. 15. E�osion co�rol plans wiil need to be submitted for each lot or include them on the plan. 16. Erosion control shal! also be installed a�ound the catch basins. 17. The storm pond is currerrtly located on private property. 18. Adjust the alignment of water and sewer main lacations as noted on the attached drawing. 19. A Storm Pond Agreement will need to be executed. 20. An easemetit should tie added around the ponding area The pond should !�e located errtirely on outiot A. 21. The City of Fridley requires a detention basin to be installed to handle the increased flow rates caused by the developmerit. Please submit pre and post development hydrology calculations, time of concentration calculations, ponding calculations� and hydraulic calculations fo�a deter�tion pond - with a restricted ouflet. Provide a narrative on what you are proposing to da 22. ; An overflow outlet should be cleariy shown on the pian.� -The`outlet should� be constnacted ta ; overtlow and tie into the existing storm pipe located in Arthur Street '., � ��:; � . .� . 7 ,'J . .' . . 23. The cul-de-sac should have a radius of�45.5 feet � Adjust curb and right-of-way lines accordingly. , . . SE/JGF:cz � �� r � � w � � j .b �� -� .� `- .A. E �'4 fl �} I � I I � � �� DATE: TO: Community Development Department PLA►NNING DIVISION City of Fridley July 22, 1994 William Burns, City Manager FROM: Barbara Dacy, Community Development Director SUBJECT: Consideration of Environmental Assessment Worksheet for Grace High School Addition, by Keith Eibensteiner for Biltmore Construction.of New Brighton, Inc. The City Council at the July 11, 1994 meeting asked staff to research a number of items regarding the property proposed to be subdivided into seven single family lots in the southeast corner of the Totino-Grace property. To follow are responses to�each of the items requested by the City Council. i. The City Council wanted information on the Charles Cook project and wanted to know why_it was not:approved.:�_. �" In 1986, Charles Cook submitted a preiiminary plat request, P.S. #86-06, Valley Oaks, to create seven lots.on 3.25 acres just north of the Islamic Center and south of the Moore Lake Hills subdivision which contains Hillcrest Drive. The Planning Commission on December 10, 1986 recommended approval to the City Council with 11 stipulations. - On January 5, 1987, the�City Council conducted a public hearing." At issue during the public hearing was stipulation.#2 which stated that the developer must pay for all assessments for public improvements necessitated by the plat. Storm water improvements were required to handle not only the runoff from the subject development,. but.also runoff from adjacent properties. The petitioner. objected to the requirement to pay for all of--the potential assessments. The ' City Council closed the public hearing the same evening. There was no further action on the plat by the City Council. Although there is no letter in the file from the petitioner withdrawing the application, it is assumed that the requested stipuiation was not agreeable to him and he did not pursue final actig'n on the plat. (See City Council minutes from 1987) ,N � � � ��. .. � . � - °..��" _° :2 Grace High School Addition Property July 22, 1994 Page 2 2. How larqe is North Innsbruck Nature Center and when xas it acquired? The City of Fridley Parks and Recreation guide states that the park area is 24.0 acres. The parcel was dedicated as a park as part of a 1971 agreement with Acres Inc., who requested R-3 zoning for the property. The City eventually received a deed in 1976 from Darrel Farr Corporation, developer of the Innsbruck Townhomes. 3. Outline the original land area for Pecks Woods. Staff obtained a copy of a 1938 aerial from Anoka County. The aerial is not reproducible in an 8 1/2" x il" format, but it will be presented at the�City Council meeting. Based on the 1938 . aerial, there is a larg� wooded area which extends from Rice Creek Road on the north to 49th Avenue and Highland Lake to the south in Columbia Heights, into New Brighton an the east, and approximately along tY�e Matterhorn Drive alignment on the.west. Staff estimates that the total acreage of this wooded area is 640. � acres. Based on testimony from Mr. Haluska and other long-time residents, this area seems to match what is known as Pecks Woods. 4. When was Arthur street developed, and was it part of Pecks ,, Woods? Arthur Street, adjacent to the Totino-Grace property, was constructed in 1972. The street is within the area known as Pecks Woods, The proposed Valley 0aks plat discussed above in #1 is also part of the wooded area identified in the 1938 aerial. 5. Was there any prior consideration of any or al1 of Pecks „ woods as a eity park? The Mayor reported that the City Council informaiZy discussed preserving Pecks Woods, north of I-694.in 1964. The size and cost of acquiring the property was too prohibitive at the time. A portion of the Islands of Peace park was acquired the same year. As is explained later in this memo, the Innsbruck Nature Center was dedicated.in 1971, preserving 24 acres of the original Pecks Woods. 6. How large is the Springbrook Nature Center? rr / The Parks and Recreation guide states that the Spr"ingbrook Nat Center is 127 acres. � f � T�� - .. _ _,`p„_ -_. 1 �i��T Grace High School Addition Property July 22, 1994 Page 3 7. How did the City acquire Sprinqbrook Nature Center, and when was it dedicated for open space? The City acquired the land for the Nature Center in 1971. In 1974, the City Council designated it as a Nature Center (see "Nature Center History"). 8. How unique is the property proposed to be platted in terms of communities of ferns, woodland plants, flora, and fauna? Staff retained Ron Peterson of Peterson Environmental Inc. to address the environmental issues raised by this question. Peterson's report is attached. No unique species of plants or animals was found. 9. On the Wa1-Mart site, were certain trees marked for savinq, and did the developer follow-through in preserving those trees? Siah St. Clair and I worked extensively with the Wal-Mart contractors about preserving the oak trees on the property. Ths stipulation as part of the plat approval was to preserve as many large oak trees as pos.sible. The grading plans submitted to the City Council during plat consideration did indicate removal of the vegetation on the site except for the wetland areas that were proposed to be altered in conformance with the wetland alteration permit approved by the Army.Corps of Engineers and the Minnesota Pollution Control Agency. Because of the extensive amount of grading occurred, the ability to save a number of trees was compromised; however, the existing trees now on the Wal-Mart site were as a result of insistence by City staff to create appropriate retaining walls and to minimize intrusion into the drip-line areas of the oak trees. At the time�of site grading, it was not known that Slumberland was going to construct a building on the vacant l.ot. Four trees were preserved on that property, however, staff acknowledged that it may not be possible to preserve all of these trees depending on the development plan of this particular lot. Fortunately after working with Slumberland, we were able to preserve three of the four trees. 10. Is money available from a third party orqanization? How committed is the third-party organization to provide money for the acquisition of the Totino-Grace property?` ; Included in the information for the City Council�is a copy of t brochure entitled The Trust for Public Land. Michele McPhe-u`� contacted the staff inember from The Trust on July 12,.1994. �Tn ' essence, The Trust purchases properties for preservation and then transfers the property to a long-term owner. The Trust is an 1.25 Grace High School Addition Property July 22, 1994 Page 4 interim financing vehicle only. The staff ineinber from The Trust states that no funds have been committed to the purchase of the 3.5 acres of the Totino-Grace property because they have their own review process which takes approximately four weeks. Michele was invited to a meeting initiated by Mr. Haluska with The Trust staff person, Lisa Kugler, on July 26, 1994 at 1:00 p.m. at Mr. Haluska's home (see memo dated July 14, 1994 from Michele McPherson). We will update the City Council regarding the outcome of that meeting. 11. How much of the City�s park property is set aside for passive recreation, and how does it compare with the ather �1 cities? . Of the 490 acres of City parks, 340.3 acres can be considered as. "open space", or areas where a significant majority of the park is�left in its natural state. The acreage includes Springbrook Nature Center, Innsbruck Nature Center, West Moore Lake Dunes, _ Riverview Heights, and the two County ogerated but City owned parks, Locke Lake and Is3ands of Peace. Staff surveyed other . cities (see attached chart). The cities did not have a break- _ down of passive, active, or open space acr�age readily available._ Fridley ranks 6th out of the 11 cities in terms of the total area of municipal parks versus�total area in_the City. :�,� ' - �.,- 12. Ahere does the City of Fridley stand in relatioa to�National�. standards for open space reserved for passive reareation? The Natural Recreation and Park Association does not have a recommended standard for open space or "conservancy" parks (see attached matrix from NRPA). Fridley exceeds the NRPA standards," however, for the amount of park acreage. The standards requi�e � 180 - 310 acres and the City owns 490 acres. 13. How much is the Innsbruck Nature Center used? Without conducting a detailed survey, it is difficult for staff to quantify the activity at the park. No statistical information � has been found in the park files. 14. How much maintenance requirements would there be if the Totino-Grace property is turned into a park or passave recreatioa area? -� / John Flora prepared a memorandum dated July 19, 19"94 which � estimates an annual cost to the Public Works Department for< maintaining the additional park area of approximately„5$:�.,800�•.. - ,.�4�.- .. 1.26 Grace High School Addition Property July 22, 1994 Page 5 15. Can the City require an EAW? The City Attorney contacted the attorney for the Environmental Quality Board and has prepared another opinion which is included for the City Council's review. The City cannot require an EAW. Herrick believes that the plat stipulations are adequate to address the environmental issues such as wetland and tree preservation (Herrick has spoken with Mr. Haluska about his opinion regarding the EAW). RECOMMENDATION It is clear, based on the advice of the City Attorney and .the EQB attorney, that an EAW cannot be required for this project. Unless the City Council chooses to acquire the subject property, . staff recommends that the City Council refer the plat to the Planning Commission for action at its August 10, 1994 meeting. BD/dn M-94-392 � �� . ' . .. .� . . . .. r / � b � a.- .... -.. . . .�; . ..� ....r.. • ' ' _��.u4'is�•.�, _ 1.27- PETERSON ENVIRONMENTAL CONSULTING, INC. July 21, 1994 Ms. Barbara Dacy Planning Coordinator City of Fridley 6431 University Avenue NE Fridley,lVfinnesota 55432 Subject: Totino Grace Addition PEC Project No. 94-046 Dear Baxbara: A.s requested, Peterson Environmental Consulting Inc. (PEC) has completed its field review of the natural resource features located within the southeast partion of the Totino Grace Addition in Fridley, M'innesota. This portion of the proposed addition is 3.5 acres in size and is loca.ted in the Nl/2 of the NWl/4 of the NEl/4, Sec. 24, T30N, R24W. The project site abuts Arthur Road td'` the east, a residential area to the south and Totino Grace H'igh School facilities to the north and west. The overall objectives'of our review were to detemiine: (1) the accuracy of the wetland delineation performed on the site, (2) the diversity of native plant species present on the site, (3) whether the species observed were indicative of a relatively �antiisturbed, remnant native plant cammunity, (3) the likelihaod that threateaed, endangered or special concem plant species might be present on the site, (4) the overall wildlife habitat value of the project site and (5) the extent to which the project site is ecologically linked to Innsbnxck Nature Center to the east. We are aware that the City is considering an EAW thus our analysis was done at a level of detail sufficient for an EAW. Our methodology and results are described below. Methodology In reviewing the wetland delineation for the site, we utilized the Federal Manual for ldentiiying and Delineating, 7urisdictional Wetlands (Interagency Task Force on Wetland Delineaxion 1989)(hereafter referred to as the "1989 Federal Manual"). The use of this �m�ival is mandatec� by the Wetland Conservation Act of 1991 (t�VCA). -'' � 3-. In order to evaluate the botanical character of the site, a floristic meander, seai`�h of the en e parcel was conducted on July 15, 1994 by PEC's botaznst, Mr. Glenn Van e Water. This method QUESTION #8 3209 lNest 76th Street, Suite 207 ■ Edina, ;• 1■ L Q�5435 ■ 612-831-8565 • Fax 611-831-8735 Ms. Barbara Dacy July 21, 1994 PEC Project No. 94-046 Page 2 permits the reviewer to adequately sample botanical diversity within a given plant community by progressively sampling the various micro-habitats within the community in a attempt to catalogue all representative species that are present. Because sampli�g was done in mid-summer, we could not fully survey plant species wluch flower in the fa11 or early spring; however, we do not feel that any raze taxa would be encountered during these seasons based on the habitats present. In order to assess the extent to which the project site might be ecologically related to Innsbruck Nature Center, a brief botanical field assessment of this area was also conducted. Results Wetland Delineation Review Wetlands on the project site were field delineated by Ms. Pat Arlig of Arlig Environmental. PEC and Fridley City staff field reviewed ihe delineation with Ms. Arlig on June 20, 1994. We found that the delineation was accurate and consistent with the 1989 Federal Manual. Two�wetlands e�st on the project site; (1) an approximately 1.20 acre permanently flooded palustrine unconsolidated bottom wetland (PUBHj and (2) an approximately Q.66 acre urtea�mittently exposed unconsolida.ted bottom wetland (PUBG). The first basin has retained a relatively high degree of ecological integrify given its urban,, swroundings, though it does receive some stormwater discharge from the north �'ad has a small area of historic fill in its northeast corner. The second basin lies at the western edge of the site and has been substamially degraded by periodic, drastic water level fluctuations wlrich are the result of direct stormwater discharges from impervious surfaces to the north. The wetland boundary shown on the grading plan illustrates the extent of these fluctuations as the .boundary lies at an elevation between 938 and 940 while the water surface elevation we obs�erved was roughly 932 to 934. _ Water level fluctuations in this basin have been sufficient to stress or kill mature oak trees lying along its margins. We specifically reviewed a series of small topographic depressions immediately south of the larger of the two wetlands described above. None of these depressions constitute jurisdictional wetland as defined in the 1989 Federal Manual. All of these depressions were vegeta.ted by upland plants and no evidence of hydric soils or wetland hydrology was observed in any of these areas. ' The two wetlands identified by Arlig Emrironmental are the only jurisdictional wetlands on the project site. The grading plan for the project proposes no filling or stormwater ponding i�npacts to the two wetlands that have been delineated on the site. .r ' F S ., ;�,}�' -- �,-f-�' 1.29 Ms. Barbara Dacy July 21, 1994 PEC Project No. 94-046 Page 3 Floristic Survev Overstory Plants: The project site is characterized by an overstory of bur oak (Quercus macrocarpa), northem pin oak (Quercus ellipsoidalis), white oak (Quercus alba), box eider (Acer negurrdo), northern red oak (Quercus ruhra), black chercy (Prum�s serotirla), eastern cottonwood (Populus deltoides), and quaking aspen (Populus tremuloides); these species are listed in descendiug order of abundance. Understory Plants: The above described overstory is underlain by an understory of sapling and pole-sized bur oak, northern pin oak, white oak, black eherry, American elm (Ulmus americana), hackberry (Celtis occidentalis) and American ash (Fraxim�s americana). This understory has been hea.�vily invaded by a dense shrub layer dominated by common buckthom (Rhamnus cathartica), gray dogwood (Cornus racemosa), tartarian honeysuckle (Lonicera t�ica), American hazelnut (Corylus americana), red-berried elder (Saimbucus racemosa) grape-woodbine (Parthenocissus inserta), and riverbank grape (Yitis rip�ariia). Shrub species noted to a lesser extent include Nfitssouri gooseberry (Ribes missouriense), Sm+ooth sumac (Rhus glabra), staghorn sumac (Rhus lyphirta), and gazden red current (Ribes sativam). ,�, Groundcover Plants: The principal herbaceous species o6served on the project site include false Solomon's seal (Smilacirra racemosa), Canada mayBower (Maianthemum caaradense), small flowered buttercup (Ranunculus abortivus), avens (Geum ca�radense), stickseed .(Hackellia virginicma), wlute snakeroot (Eupatorium rugosum), Tick trefoil (Desmodium glutinosum) lady fern (Athyrium felix femina) and interrupted fern (Osmunda claytoniana). Herbaceous species characteristic of the fringe of the open water wedand systems include re.ed-canaiy grass (Phalaris arundittacea), mild water-pepper (Polygonum hydropip�eroides), cut grass (Leersia oryzoides), manna grass (Glyceria grarrdis), sedge (Carex tribuloidQS), sedge (Carrex vesicaria), smartwe,ed dodder . (Cuscuta polygonorum) and hooked crowfoot (Ranunculus recurvalrrs). Ecological Tntegrity of Plarit Community: Although the canopy and several herbaceous plant speeies are representative of a dry or mesic oak savanna, it appears that the relatively low basal area of canopy species has, altovired the successful encroachment of the exotic bucktham and honeysuckle shrubs, subsequently reducing th richness and abundance of native species within the site. Both buckthom and,,.�oneysuC Eurasian plants that are sprea.d by birds which ingest and ultimately excrete their seeds. These species have overta.ken numerous woodlots throughout the Twin City metro area, effectively 1.30 Ms. Barbara Dacy July 21, 1994 PEC Project No. 94-046 Page 4 crowding out native understory plants. Based on observations in numerous other areas around the Twin Cities, the persistent nature of these species will cause an ongoing reduction in the diversity of native herbaceous and understory plants. No state threa.tened, endangered or special concem plant speeies were observed during this field review. Given the extent of the invasion of exotic shrubs, this site appears to have little potential for ha.rbaring state threatened, endangered or special concern plant species. Innsbruck Nature Center has a species composition very similar to the.project site. The principal difference appears to be that the overstory plants in Innsbruck Nature Center are represented by a larger diameter class (i.e. more mature trees). The sarae exotic understory species tha.t are degrading the project site are also abundant within the park. Our analysis indicates that both Innsbruck Nature Center and the project site are remnants of what once was a 640 acre forest stand locally known as Peck's Woods. The combined areas of the park and the project site are 27.5 acres or 4 percent of the original stand. Residential development in this area has redueed Peck's Woods to the two small remnants described above; these remnants are too small to perpetuate the diversity of native plant species that undoubtedly once inhabited the stand. While the project site and Innsbruck Nature Center aze separated by an intervening roadway, they are essentially remnant components of one ecological unit: However, due to the degraded nature of their plant communities and the absence of rare plant species, it is our opinion that neither component represents an sensitive or unique botanical resource worthy of extraordinary�, protection by the City. Wildlife Only a small amouut of wildlife was observed during the field review, which may partially attributed to the time of season and the relatively short field review period. Obse;vations done in mid-summer may miss songbird :species that are most active during the spring breeding period. Species observed during the field review include America.n robin (Turd�s migratorius), common grackle (Quiscalus quiscula), house wren (Troglodytes aedon}; blue jay (Cyanactta crista), American goldfinch (Carduelis tristis), black-capped cluckadee (Parus atricapillus), white- breasted nuthatch (Sita carolinensis), catbird (Dumetella carolinensis), common crow (Corvus brachyrhynchos), northem cardinal(Cardirralis cardinalis), eastem chipmunk (Tamias striat�,$) and fox squirrel (Scirurus niger). All of these species are common in urban areas and none are listed as state threatened, endangered, or special concem. The 1Vfinnesota DNR Heritage Program data base for threatened, endangered or special concem plant or animai species indicates that the only species recorded within one mile of the project site is the Blanding's tu�le (Emydoidea blandingii). This species was recorded approxunately one mile from tl�e pr6ject site in New Brighton. The Blanding's turtle prefers calm shallow water that supporEs a varietyaof ve � and sandy uplands for nesting. It is our opinion that the proposed project site� does n�._ . a_. optimal habitat for the Blanding's turtle- due to the existing ponds li�uted size and lack of vegetative structural diversity and the absence of sandy upland sites within and adjacent to the 7.31 Ms. Barbara Dacy July 21, 1994 PEC Project No. 94-046 Page 5 site. Aquatic habitat which appears more suitable for this species occurs within the Innsbruck Nature Center; however, the site appears to be laclang suitable sandy upland nesting sites. The project site probably supports a number of additional songbirds (e.g. wood warblers, flycatchers), and mammals (e.g. microtines) that were not observed during the field review; however the species diversity and density of such is likely to be low given the character of the plant commwuty described above. No amphibian or reptile species were observed during fihe field review; however, a detailed survey for such species was not conducted. Based on our observatians, the project site appears to support a, number of common wildlife species that readily ada.pt to an urban environment. We did not observe any unusual or rare wildlife species or likely habitat for such species. Consequently, it is our apution that the project site represents a typical forest remnant that has been fragmented by long-term urban devetopment: Conclusions A field review of tlus site revealed a number of vascular plarit species representa.tive of .dry and mesic oak savanna systems, however; the encroachment of non-native shrubs species has �created habitat that is not suitable to support the densities that may be encountered within a more natural oak ecosystem Although this site does support a variety of wildlife it is at best only partially representative of classic dry or mesic oak savauna systems. Innsbruck Nature Center has a- species composition similar to the east site with the exception of harboring a higher number of larger diameter canopy speaies. We feel that . this site has undergone extensive. degradation due to invasion of non-native species and would not in it's cwrent state be considered a:unique natural resource. Additionally the developmem of this site should not significantly alter the integrity of the species composition that is xepreseated wit�in it and Innsbn�ck Natiue Center. We hope that the foregoing discussion is of assistance in the City's planning activities. us know if there are any questions on our analysis. Best regards, Peterson Environmental Consulting, Inc. /� J.e►"'��/ICrif�..� , - �..i ---� � '•.�. �. � � : • ♦� 1.32 ;: / , ,�_•• Please let �_ PLANNING COMMISSiON MEETING, AIIGOST 10, 1994 PAGE 6 3. No windows shall be placed on the second story of the ast side of the building addition. . 4. The parking lot shall be re-striped to identif, he 35 parking spaces indicated by the petitioner's �te plan. 5. The new parking surface shall include c and gutter around the expanded parking perimeter. The c b and gutte� is to be concrete and of a staff-approved esign and is to extend out to 68th Avenue. The point of ermination shall be specified by the Engineering Dep tment staff. 6. Erosion control fencing shal�fbe installed during construction to assure no �nstruction-related soil is carried into Rice Creek �r adjacent landscape. 7. Rip-rap erosion contr0l shall be installed at.the base of the roof drain and� the point where th� parking lot swale. empties surface �a er onto the landscaped portion of the site: 8. All landscape�'areas shall be restored. 9. Although t specifically required by Code,,staff suggests that the three 20" oaks removed by construction be replaced by thr _2 1/2" oaks in an alternate lacation on the site. . � IIPON A V CE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MO ON CARRIED IINANIMOIISLY. Ms. cPherson stated the requests.for the Special Use Permit and V iances would be review�d by the City Council at their meeting August 15. { 2. �Tabled from City Council meetina of July 25, 19941 PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT RE4UEST, P.S. #94-05, BY KEITH EIBENSTEINER FOR BILTMORE C�NSTRUCTION OF NEW BRIGHTON, INC.: To subdivide part of Lot 1, Block l, Grace High School Addition into nine new single family lots, generally located in the southeast corner of the Totino-Grace High School property at 1350 Gardena Avenue N.E. , MOTION by Mr. Saba, seconded by Mr. Sielaff, to remove"from the table consideration of the Preliminary Plat Reques,t, P.S. #94-05. _. " UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARE�� THE MOTION CARRIED IINANIMOOSLY. _- � 1.33 PLANNING COMMISSION ME$TiNG. AIIGIIST 10 1994 PAGE 7 Ms. McPherson stated the Totino-Grace plat request was tabled by the Planning Cominission at the June 29, 1994, meeting. The plat request is to create 9 single family lots - 2 lots on the west side of the Totino-Grace property which will front directly on Matterhorn Drive and 7 lots on the east side with access on a cul de sac proposed to be titied Royal Oak Court. This area of the site is heavily wooded with a variety of oak and maple trees. The property has 2 wetlands on the site which fall under the protection of the 1991 Wetland Conservation Act and the City's 0-4, Wetland Overlay Ordinance. The petitioner is not proposing to impact the wetlands by draining or filling them in any way so they would be exempt from the provisions of the 1991 Wetland Conservation Act as well as the 0-4, Wetland Overlay Ordinance. Ms. McPherson stated the Planning Commission at their June 29, 1994, meeting moved ta recommend that the request for an Environmental Assessment Worksheet (EAW) by the Frie�ds of � Innsbruck Park be considered by the.City Council. The City: •. Council at its July ll, 1994t did consider the question which was tabled to allow staff time to research a�nwaber of items. Staff worked with Peterson Environmental Consulting to address the issues raised in•the petition by the Friends of Innsb�uck Park. Their response is included ixl the agenda packet. At the July�22, 1994, meeting, the City Council determined an EAW would not be required and that it would not authorize any further ecological or environmental stud.ies. The Friends of �Innsbruck Park have requested that the City consider acquiring the 3.5. acres:--and add` it to the City's open space system. The Park and Recreation Commission reviewed the request at their August 1, 199�, meeting. The Commission stated they woul.d accept the-3,5 acres into the park system if it were to be donated by an outside group or if � municipal funding other than park funds was to be used. If it _ was�not to become part of the park system, the Commission stated that the property could be developed with�careful scrutiny of, � compliance with the stipul.ations that staff has presented ta the Commission: � Ms. McPherson stated there are some amendments to the proposed stipulations. The petitioner sent in writing a response to staff's stipulations originally submitted for review on June 29. Staff has reviewed the stipulations presented by the petitioner and.have made some amendments to their amendments., She reviewed those items amended as follows: Stipulation #4, the petitioner has requested that �ae use the term '�significant" trees. Staff is defining sigr�ificant trees as those which are 6'• or greater in cal�iper. This will clearly differentiate between shrubby materials on� site as opposed to mature trees. ... 1.34 PLANNING COMMISSION MESTING, AIIGIIST 10, 1994 PAGE 8 Stipulation #14 adds the language "�Individual grading, erosion control, and tree preservation plans are to be subrnitted for each lot prior to the issuance af a building permit.'� Stipulation #17 has been amended to add the terms "the lowest basement floor opening shall be at the 950 or above elevation for Lots 5 and 6 of Block 1" and also has been amended to read and "the lowest basement floor opening shall be at the 955 elevation or above for Lot 7, Block 1." This is in response to the discussion regarding the vertical distance of these lots from the wetlands on the site in addition to the horizontal distance which is addressed in Stipulation 18 where staff set the �naximum distance of the dwellings from the lot lines. Stipulation #20 concerns the preservation of trees. The , , y petitioner has submitted a more specific and revised • ,=� stipulation.. This stipulation now reads "Individual � grading, erosion control, and tree°preservation:plans for each lot shall clearly show a) the grading liinits for the construction of the new home; b) the location of warning ' signage (tree protection ribbon) that'will be p�.aced`around � the perimeter of the'construction 1"imits"prote'cting a11 ; significant trees outside the construction l�.mifis; a and c) the location of any significant �trees �to be Saved �side �thej� ; construction limits. <�Any significant` trees�-to be •�aved ':, ,., shal� have fencing around it extended:out to,the dripline." j Staff has amended the`stipulation to include the.words`"Work shall not commence until City staff has field inspected - � �tems B and C of the stipulation." - z � . . _ i ,. Stipulation #21 has been-amended ta add'�the worc'is, �° The lot : �� shall not be clear cut of significant trees:"_ "'�rti ,;: - � Ms.' McPherson stated the Comiaission does nat have�the �Park and � Recreation minutes before them: -During-�the discussion regarding the plat, Mr. Young had discussed the-impact�of°clearing �He � understory vegetation adjacent to the properties to the south. � Stafi is proposing to add another stipulation,`•#22, to establish � a 15-foot "no cut" easement along the south property lines'of � Lots 1-5, Block 1. The easement would prohibit cutting trees or clearing understory except to remove dead or diseased trees. � Mr. Newman stated the had a letter dated Au �` � , y gust 2. from Royal Oaks Realty and asked if those are the comments in�orp�orated-into ` the stipulations. ' � � .� Ms. McPherson stated yes. As a result of that letter,�ome"o'� � the original stipulations have been removed. �� 1.35 PLANNING COMMISSION MEETING. ADGQST 10, 1994 PAGE 9 Mr. Newman asked, concerning those items contained in the letter of August 2, are there any areas of disagreement which should be considered. Other than the fact that the-developer objects to some of the language, iie does understand the stipulations. Ms. McPherson stated this was correct. The petitioner called Ms. Dacy regarding sti.pulations �4, #22, and also has comments regarding the necessity of stipulation �18 based on the changes to #17. The petitioner can address this. Mr. Oquist stated �22 is there to cover during construction. What is to prevent the:home owner from clearing afterward? Ms. McPhersan stated they would use similar language in �22 as in #16, which would require recording.restr,ictive covenants which - would become part of the property. . - Mr. Saba asked what is to prevent heavy equipment operators from knocking down trees iri=that area. Is there any kind of bond . required that �aould be consistent with the number of trees to be saved? � � . � - Ms.. McPherson stated under the current ordinance.the City ha� no � . mechanism to'��require a bond. , The petititmer has indicated. they . would b�e sulimittinq� a performance bond' to insure proper � construction-of-the utilities and road, but there is no__such mechanism for ,tree_. preservation. � . '' - - _ � Ms, Dacy stated what they are trying to accompiish with the stipulation-on grading and erosion control is-for staff to review when the permit is submitted and the Planning and Building Departments would work closely�on this project-and go to the. _ field and inspect.the trees. During the street and utility construction, there will be a staff;person there to'`mori�tor.. She believed'the Engineering Departme�t has;an inspector:who is �,._ prepared to do-that. �Staff's.approach is to allocate manpower on every.lot as the,permit comes in and monitor construction for the road and utility work closely. -- ` ,, . . � Mr. Newman asked if the City had considered a-developer's, contract. Ms. Dacy stated the City has typically done the road and util�ty installation. In this case, she believed the Public Works Department would be working with the-developer on an ag�eement so r the road construction will be done by the developer burt according to the City's specifications. As part of that, there,may be a letter of credit to assure the proper installation of'.tthe ro and utilities. .. ,�, _ - :-�'" � 1�36 � PLANNING COMMISSION MEETING, AIIGIIST 10, 1994 PAGE 10 Mr. Newman suggested that staff pursue execution of a development agreement especially regarding the tree removal. Ms. Dacy stated she agreed that a developer's agreement would provide more enforcement. This has not been the policy in the past. Mr. Newman stated the public hearing was closed but he would like to provide an opportunity for additional comments for new information not provided at the last meeting. , Mr. Black stated they would be happy to enter into a developers agreement with the City. They have done that with other cities. They are happy to work:with staff and happy to report that staff has done an exeel3ent and thorough-job,in addressing the issue and following their applieation through the;process�. Mr. Black stated,• when he �was here .:in June, the.y were afi; a point where they wer� beginning�to discuss the.stipulations. We have been side tracked, have addressed mors::issues, and.are;�9� in: agreement with staff on the stipulations. There,-are�two-that he would : like to -provide comments.: ,� , . Mr. Black:_stated ��stipul�tion ;#l,-refers to ;pu�ting<�estrictive <. covenants .< on � Lots 1; and '_ 2,,;,Sl�ock 2 r�'hose •: are =the - two ., lots ;on �. ...., � the west -end,,�oi� .the �dev�elop�aent.�that� stand .a;�one ��n He �<.�s �,.;,t , �� concerned ;�wit�.. #he ;;�aording. s =;�,Staf f ;�,�s�.��-r�coniaaer�d�g , to'r�'��ce � ,� � r. ; . restrictive ��covenants.;4�n �those.� properties..,Y If- indeed tiiose � r,:; .; ° restrictive, covenants ,�.ndicate ;�here -will be , no remov,al .of any � vegetation,��.,2itt�e.�>could�->happen,�on„the .site. ��; �ie„thought staff : was looking for protection for the wooded area on the back side of.. the lot.-; •;Part.�yof �that ,�wooded;{ar�a ;�.s, off rthe -.:subject ,lots on the high schoo� property xso ;,some ��yof the �-area �is �beyond �future fi:� owners ,of < those: parcels; . They .;>su ' � � � gg�st using-the same �rotection of "significant trees" in that�<area.� " � �,. � _ _ . �.,. ,, � . � {_ Mr;. Black; refer-red �:to �stipulation, #18} which. talks ��about �.dwelling units �on Lots 5 , : .6 �and �7�, q�.Bloc'�� #1, r�wh�.ch; ��:��e , the .mlo,ts - adj acent ,:to, the wetlands ��,on; the ,;,eas� �side �of� �the�.��devel�opment. ,;� .Staff .., , , ,.�.4�, ,; recommends that the homes on��those��.lots..be�:setback as close as possible to; ;the :1ot : line away ; from the wetland to.:<:�.i�nit «. �.� encroachment_ -With the,reconstructi:on,,of;stipwlation,#l�, he:was not sure that #18 , was needed:. r Stipulation ,#17 .refers on all ; three lots a minimum floor.elevation have a vertical dis�ance;::. above the 100-year flood plain on the adjacent wetlands�, no grading below a certain elevation and a minimum setba¢k from al1 the wetlands. This stipulation covers both the ho"rizontal a vertical setbacks from the wetland. At the last meetirig, t_ was a comment made that:requiring the setback to 10 f� from e lot line away from the wetlarid:may not accomplish+�"nytfi•ing if someone builds a large house or elongated house that would - �.37 � PLANNING COMMISSION MEETING, AIIGOST 10, 2994 PAGE 1� stretch toward the wetland. He thinks they have covered what staff has been concerned with. � Mr. Black stated stipulation �22 recommends a"no cut" zone. They do not agree with the wording. They agree with no cutting of significant trees without review by the City after submitting . grading and site plans. They are concerned that this will limit the homeowners right to use their property in a way that others have been able to use their property. If a homeowner wants to clear underbrush and restore the ground in the manner they wish to do�so, he thought they should have that right. The lots are deep lots, but we may find the property owners once they are living there will not care to maintain all the way to the back of ' the property line. But, they should be-allowed to do that if , they wish.- He is also concerned that we are_going to customize the grading plan initially only to accomraodate the construction of the utilities and streets and leave the lots in their natural state. Once someone wishes to purchase a lot, that person will design a home to fit that lot. In most aases where we don't masquerade, what we can end up with 'is pockets of drainage� . problems. Drainage does not always work as good as if working . with an overall drainage plan. He would like to have a clause that would indicate that, subject approval by the Planning Department or Engineering Department, vegetation may have to removed in order to accommodate drainage: There are four . abutting property owners to the south. Three of tho�e:.;four 8 property�owners have some`clearing within 15 feet of the� backyard. If our property owners want to have the benefit of a garden or being able to�sit in the backyard or clear an area fox. a patio, they should have the opportunity to do so also. Mr: Newman asked, on the vegetation preservation for Lots 1 and 2, Block 2, is staff looking for a no cut area. :a Ms. Dacy stated yes. Mr. Newman stated it seems the only alternative is to put in the. legal description for that area that there will be no cutting in that area subject to �he same conditions made on Lots l- 5. Mr. Black stated this was not a problem to identify the amount of land or distance to be protected. He has a concern with placing � a restrictive covenants on properties that have more protection than any other prop�rty in the City, especially those on Matterhorn Drive. They have woods beyond the proposed lots on the school property that will be left in a natural st�ate. He has no problem with protecting significant trees. � , - I� Mr. Haluska stated he.would speak for the neighbo�r_. ��'F`irst,'they are appreciative of staff's work on this. They fully support the stipulations which do much to mitigate the damage. Second, they 1.38 PLANNING COMMIS3ION MEETING, AIIGUST 10, 1994 PAGE 12 do not support the environmental appraisal done. They think it is superficial. They will ar.gue that point at the City Councxl meeting. Third, they do not have any objection to the Planning treating the parcels separately. There are different issues involved. Fourth, as far as the question of the no cut zone, they think it is important that the language be maintained and the integrity be maintained as the stipulations presented. As far as the consideration for drainage, they agree with the developer that the language could perhaps cause some problems and they have confidence in staff to mitigate any problems and would not object if there were problems. Mr. Newman asked the Commission members for their comments.. Ms. Saba stated he would feel more comfortable with a developer's agreement between the City and the developer for the preservation of trees. Too many things can happen between the time of approval and the time of construction. � Mr. Oquist stated, after reading the reports and alternatives,.he. thought it would be a good development. He appreciates the drainage consideration but also likes the no cut area. However, a landowner has the right to do some clearing of trees and shrubs as need be but he wants to keep significant trees. Mr. Sielaff asked he would like to see a separate stipulation on a developer's agreement. , •�-:. ` Mr. Newman referred to Stipulation #l. Along the south portion of Lot 1 and 2, he understands the need for a buffer_ In response to the develope�, he�does not think this is an unusual request. The school has a right to do what they want with the property. The neighbors had some reasonable justificatiort in thinking this would remain public property and the reqLtest for screening is understandable. The buffer would screen from the ball field. Ms. Dacy stated, during the site visit, it seemed like it was a unique stand. It does provide some screening from the ball field area and, because it is part of the 2 lots and a unique stand of trees, staff wanted to prevent clearing of the entire stand or at least the portion on their lot. Mr. Newman stated limiting this to significant trees should cover. - . Ms. Dacy stated significant trees to be left are�large and there is some large underbrush as well. The intent was to preserv� existing stand as it is now. In order to be consistent-with 't � south 15 feet of Lots 1=5, the intent was to preserve. it in its existing state. Staff prefers that the 2 stipulations be 1,39 PLANNING COMMISSION MEETING, AIIGUST 10, 1994 PAGE 13 maintained and hopes that�the vegetation there-would be preserved. Mr. Newman stated stipulation 18 states homes are to be a maximum of l0 feet from the lot line opposite the wetland. Does staff feel strongly about a house at 10 feet? Ms. Dacy stated she looked at the request and determined that with Lot 7, based on the p].an submitted by the petitioner, the � elevation proposed would dictate that the home be at 10 feet. However, the elevation on Lots 5 and 6 would permit the structure to be placed closer to the wetland. If they enforced the stipulation that the pad be l0 feet from the far lot line, it would be at the maximum horizontal distance. If the petitioner can submit other information ta show how the distance can.be maintained or preserve the wetland, staff would be happy to evaluate it. Mr. Newman stated stipuiation �22 should have ].anguage added stating "$ubject to the determination of the Public Works Department that the "no cut!' easement would not affect drainage." Stipulation #23 should be added stating, "The City shall enter into a developer's agreement with the peti.tioner for the enforcement of these stipulations." . MOTION by Mr. Sielaff, seconded by Mr. Oquist, to recvmmend approval of Special Use Permit, SP #94-05, to subdivideypart of Lot l; Block 1, Grace High School Addition, into nine new singie family lots, generally located in the southeast corner of the Totino-Grace High school property at 1350 Gardena Avenue N.E.,: with the following stipulations: l. A restrictive covenant shall be recorded against Lots 1 and 2, Block 2, preventing the removal of vegetation except for dead/diseased trees. 2. Outlot A shall be named as a"lot" in the plat. 3. The dwelling on Lot l, Block 1, shall face Royal Oak Court. 4. The significant trees along the side lot line of Lot 1,. Block 1, within the 17.5 foot setback shall be preserved. "Significant trees" are defined as those six inches or greater in caliper. 5_ Verifying surveys shall.be submitted prior to the capping of the �oundation. f''" 6. The petitioner shall pay a park dedicatior� fee of $1,500.00 ` per lot (9 X$1,500.00 =$13,500) at the time of buil.ding permit issuance. 1.40 PLANNING COMMI3SION MEETING, AUGQST 10, 1994 PAGE 14 7. The stormwater pond shall be sized to meet the detention . requirements of the City. 8. The Archdiocese shall execute and record a stormwater pond maintenance agreement providing for ongoing maintenance of the pond. 9. A drainage easement shall be dedicated over the stormwater pond. 10. The design details of the 6-inch watermain loop as proposed by the petitioner shall be approved by the Public Works Director. Tl. The petitioner-shall ifistall water and sewer services to the lots on Matterhorn and shall pay the approgriate connection . fees. � . 12. SAC fees shall be paid at the time of building permit issuance. � � 13. The petitioner shall comply with the comments listed in Scott Erickson's memo dated June 16, 1994. �� Z L.(� , i � 14. Indi.vidual grading, erosion control, and tree preservation plans shall be submitted for each lot prior to the issuance ;, of a building permit. - 15. The improper fill in the wetland shall be removed and the wetland restored. 16. Restrictive covenant shall be recorded against Lots 5:, 6, and 7, Block 1, preventing any f�illing of wetlands including brush, grass clippings, trash, etc. Accessory structures and footings for decks, additions, gazebos, etc. shall.not be located in the wetlands as delineated on the plat. The language shall be reviewed by the City Attorney. ' 17. No grading shall occur below the elevation of 948 on Lots 5 and 6, Block l, and the lowest basement floor apening shall be at the 950 or above elevation. No grading sk�all occur below the elevation of 953 on Lot 7, Block 1, and the lowest basement floor opening shall be at the 955 elevation or above. 18. The dwellings on Lots 5 and 6, Block 1, shal,�l be located a maximum of 10 feet from the lot line opposite the wetland. "��,; � � _= < ,a �:�� 19. Two street trees per lot shall be planted by the petitioner. 1.41 PLANNING COMMISSION MEETING, AIIGIIST 10, 1994 PAGE 15 20. The individual grading, erosion control, and tree preservation plan for each lot shall clearly show:. A. The grading limits for the construction of the new home. B. The location of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. C. The location of any significant trees to be saved inside the construction limits. Any significant trees. to be saved shall have fencing around it extended out the dripline. . Work shall not commence until City staff has.field inspected items B and C of the stipulation_ 21. The lots shall not be clear cut of significant trees. 22. Restrictive covenants shall be recorded.against Lots 1- 5r Block 1, Totino-Grace Addition,_establishing a 15-foot "no cut" easement along the south proper�y•line of Lots 1-�,� Block 1, Totino-Grace Addition. The covenants shall prohibit the�cutting of -trees or clearing of understary .except for the removal of dead or diseased trees within the easement, subject to the determination of the Public Works Department that the "no cut" easement would not affect drainage. 23. The City shall enter into a developer's agreement with the petitioner for the enforcement of these stipulations. Ms. Dacy stated, to clarify, stipulation #22 regarding the "no cut" easement, the Planning Commission'has asked about including that as part of the restrictive covenant, and stipulation #18, based on further analysis, Lot 7, Block l, can be dropped because of elevation issues. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. McPherson stated the City Council would establish a public hearing at their September 6 meeting. The public hearing would be for September 19, and interested persons should attend the meeting on September 19. 1.42 DLEY F� advised her that if the elevation is measured i the street, he would object. MOTION by Councilwoman Bolkcom to tab Special Use Permit Request, SP #94-03. Seconded by Councilwo Jorgenson. Upon a voice vote, all voting aye, Mayor Nee dec ed the motion carried unanimously. MOTION by Councilwoman ikcom to table Special Use Permit Request, SP #94-04. Second by Councilman Schneider. Upon a voice vote, all voting aye, yor Nee declared the motion carried unanimously. MOTION b ouncilwoman Bolkcom to table Special Use Permit Request, SP #9 5. Seconded by Councilman Schneider. Upon a voice vote, al voting aye, Mayor Nee declared the motion carried unanimously. 2. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF JUNE 29, 1994 (TABLED JULY 11,1994): A. AUTHORIZE ENVIRONMENTAL ASSESSMENT WORKSHEET Ft�R A PLAT REQUEST, P.S. #94-05, BY KEITH EIBENSTEINER FOR BILTMO�tE CONSTRUCTION OF NEW BRIGHTON, INC., TO SUBDIVIDE PROPERTY INTO NINE NEW SINGLE FAMILY LOTS, GENERALLY LOCATED IN THE SOIJTH- 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 Director, 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 tak�n .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, an3 approximately along the Matterhorn Drive al.ignment on 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 portior��.of,�:; Islands of Peace park was acquired this same year. She stated tfiat �'"'" the dedication of Innsbruck Nature Center in 1971 preserved 24 acres of the original Pecks Woods. 1.43 m FRIDLEY _CITY COUNCIL MEETING OF JIILY 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 stipulatian 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 evaivate 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 Reereation and Park Association standards�for the amount of park acreage, as the standards require 180 to 310 acres. The Cit� owns 490 acres. She stated that there are no detailed surveys to quantify the activity at Innsbruck Nature Center. � Ms Dacy stated that in regard�to requirements if the Totino-Grace it is esti�nated 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 attqrney . 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, iP 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 thisSwas"` accurate and consistent with the 1989 Federal Manual. He stated that their staff botanist, Mr. GlenzZ Vande Water, reviewed the site 7.44 FRIDLEY CITY COUNCIL MEETING OF JIILY 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 fieid 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 tha"t 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 piants 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��he�,�;: Trust has not begun. She stated that they have not committed"an`y�` funds at this time. 1.45 0 FRIDLEY CITY COUNCIL MEETING OF JOLY 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 Gouncil. He said that Friends of Innsbruck Park stand.by their - original position that the sites are-ecologieally .Iinked. He stated that he is certain the analysis. of the vegetation is thorough, but he felt the su"rvey of the animal life was super- ficial. He stated that.the two sites are de.pendent on each other to sustain any habitat for mi.grating species: He stated that the fact that most of the yards that adjoin the proposed development site are a3so wooded and contribute to the Totino-Grace woods 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 concern5. 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 originaZ position, and� this site needs to be preserved. He stated that Trust for PubZic 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. -- 1.46 FRiDLEY CITY COUNCIL MEETING OF JULY 25. 1994 PAGE 8 Councilman Schneider asked if Friends of Innsbruck Park would be willing to share in the cost for acquisition since it would be more beneficial to those residents of the immediate area. Mr. Haluska stated that he would certainly be willing to share in the cost, but perhaps there may be others that would not. He pointed out that all Friends of Innsbruck Park are not residents of Fridley. Mr. Haluska stated that as far as the environmental review, he felt it was only done in part as the ecoloqy of the site is not only composed of plants. Councilman Schneider stated that staff is recommending this issue be referred back to the Planing Commission before any final action. He stated that he did not believe every piece of property should be built on, but there is aZso the issue of funding: He could not support spending $250,000 to $300,000 in City funds to purchase this property. He stated that there may be other funding which he could possibly support. Mr. Haluska stated that the City should not be expected to "foot" the bill. Councilman Schneider stated that the City cannot hold the developer up -forever. He stated that staff could continu� to �aork on any other potential funding, and Mr. Haluska probably could work with Friends of Innsbruck Park to determine if they would be willing to contribute. MOTION by Councilman Schneider to refer this Plat, P.S. #94-05, to the Planning Comriission and Parks and Recreation Commission to continue their review and to make Mr. Peterson, the Envir.onmental Consultant, available to the Commissions, as necessary. Seconded by Councilwoman Jorgenson. Councilman Billings stated that he is not sure what direction the Council i.s trying to establish. He stated that he is hearing Councilmembers putting forth City money and perhaps match it with surrounding property owners. He stated that the consultant has stated that there is wildlife, trees, and other growing plants on this site. He stated that he felt every piece of property in the City and the County has these same characteristics. He stated th�t if, in fact, this Council is thinking of a poliCy direction t� would provide funding mechanisms for a"match to purchase ev` �} piece of property in the City that is currentl� underdevelo '� this is something that needs tremendous amount of discussion. � stated that barring any policy statement, he would say any actiori Council is taking is arbitrary, capricious, and open for litigatlo�� from the developer. He felt that the Cit would have to �=' Y pro�'_ . '- . the same type of inechanism for all adjacent property owners around all vacant property in the City. 1,47 FRIDLEY CITY COUNCIL MEETING OF JIILY 25 1994 PAGE 9 Councilman Bil2ings stated that there are 24 acres of park 2and 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 wouZd 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 Iightly. Councilwoman Bolkcom stated that she is in agreement with most of Councilman Billings' remarks. Mr. Dave Sellergren, attorney for the applicant, statecl 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. M ' � . : - . FRIDLEY .CITY� CO NCIL ME�TING OF �JULY '11 ' 199 � � � '��PAGE • 15. . . . .. . � • � � NEW BUSINESS : _ ' � . ' - • � � � ' ' • • 9 . �� :'.� MOTION. T4. �AFP�20VE �� THE� �.r3 •� Cf A•L � 'I`YT.L;E � AND "SUNSIGSARY OF ORDIN�NCE � ' � ' . � • � �� , . •NO':: 1033 � EPBALING'• 'P�Ei�. 2• Q� �OF� THE ' FRIDLEY. �CZ'�Y CU E.. A1�TD. - , ' � � � � � - � :`�=i� OPTT`NG A� NT?W.'..0 � T i2•:�NT�ITL•E�D-••!'�ZESZflE TIA REN�I�L� �F .U�?�RTi�.-' �,;�-.:..;:-.`. : � = ' ' ' .. �-MPi�NTENANCE�. A � I,�CEI�I�I�NG :"CQDE : " � '. ': � : . . ' . '. ' ' . . . - : •. . MOTION by C cilman Schneider to approve the Official Tit1e and Summary�o Ordinance No.�1033 and order publication. Seconded by Counci an Billings. Upon a voice vote, all voting aye, Mayor Nee dec red the motion carried unanimously. . 10. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF � JUNE 29, 1994: A.. AUTHORIZE ENVIRONM�NTAL ASSESSMENT WORKSHEET FOR A. PLAT ' '' REQU�ST�� P 5�.. ��94=0�; ..BY ,KEITH" �IBENS.TEINER,.FOR`'B�LTMORE':...� ' ' � " � ' CO2�TSTRUCT�CiN''OF. NEW. BRTGFI�ON�;_ INC:�,''�O $�ITBD�I.VIDE��RfJPERTY iNTO ' _ � " . - - - . . . .. - NZN��.� NEW�� SIPIGLE< �FANII-Ir�_ •'LO�S; �GENERA�LY:..�' LOCATED�� 'IN> ��HE�_ . _� . � . . _ . .. 'SOU.'Y'HEAST �CORNER� OF'� TH�� 'OTYNO�GRACE• HIGFi: SCHOOL 'PR(3PERTY 'AT . : . I 13�0 GARDENA AVENUE N.E. . .. Ms_ Dacy, Community Development Director, stated that this plat request is for�the Totino-Grace High Sehool property. She stated � that the owner wishes to subdivide the southeast corner of that site into seven single family lots and the southwest corner of the. .. . � pro�erty into two home . s-ites : . - � � , � � _ � Ms. Dacy stated that the Planning Commission voted three to two to. table this.item, have Council consider ordering an Environ-mental Assessment Worksheet (EAW), and have the plat go back to the Planning Commission on completion of the EAW or the end of 120 days, whichever comes first. She stated that the reason for requesting an EAW was because of a petition submit-ted by neighboring property owners. Mr. Herrick, City Attorney, stated that he has done some research into the statute and rules that have been adopted by the State Environmental Quality Board. He stated that there is a provision in the rules that allows for a discretionary EAW, but it also provides that the discretion does not apply if the property is exempt. He stated that the Environmental Quality Board has ruled that this project is exempt. An examination of the rules clearly indicates that a project of this size is exempt from the require- ments. He stated that it is his opinion the City does not have the , discretionary authority to order an EAW on this project. He stated that the City cannot require the developer to go through the EAW process. �;_9-, ��° Councilman Schneider stated that there were a number of environ �� mental concerns raised. He asked what the City could do to insure , that the environmental issues are addressed. 1.49 FRYDIiEY CITY -COUNCIL -MEE`I'ING�OF�' �7I�IiY llr 1994 ' •' ' •.PAGE.'16 ', Mr. i-�errick �`stated that he .has not �explore�l other "alternatives; and ��.. . h.e. i�. not p�ep.a�ed raith� az� �answer- this _ eyenir�.g.. .,-He•.�.stated that . the - -, on�ly � quesf iori. �he laas rev�iew�d :-is �tHe � �iia�ter � of �= the� Environmental� . � � : Ass�essmertt. � fnlorks�ee��.: � - .. . . . . . � . � . ' • . � GounciIma�.'Sc�ineider ��s'k�d,�the ��City.'s olil'icfaticci�ris as far�,as �this ' . ' � plat. � � � " . � Mr. Herrick stated that there are several Supreme Court cases that indicate the City is obiigated to approve a plat if the developer meets all the requirements of the ordinance. He stated that it would be his feeling that the City can apply reasonable limitations or conditions on the plat approval, but he does not feel that the City has the authority to prevent the owner from developing the property, as long as it is properly zoned and meets the require- ments of the City's platting ordinance. He stated that staff has rec.ommende.d conditions ; that � deal. .witl� .many : o_f . tYie � concerns of .: the resider�t�s.: . " - . � , � . -, - .. . � . Councilman Sclineider �stated that� aside �froin the� �EAW,. he� thought�� there was a request to the Planning Commission to take this plat through the City's Environmental Quality and Energy Commission and Parks and Recreation Commission. He stated that if the City does not want development on this site, the option would be to acquire the property. He stated that all that is before the Council this evening is the request for an EAW, a.nd there is no recommendation from the Planning Commission on the merits of the-plat. Councilman Billings stated that in 1986 or 1987, there was a plat proposed north of the Islamic Center and east of 60th Avenue that dead ends near Oakwood. He stated that the area was similar in nature to this proposed plat, and he wanted to know what was done on that particular plat. Councilman Billings also wanted to know the size of the North Innsbruck Nature Center and how and when the City acquired it. He siated that in the Planning Commission minutes, there is a lot of reference to Peck's Woods. He stated that he would like to know the original land area covered by Peck's Woods, and when Arthur Street area was developed if it was part of the original Peck's Woods. He questioned if there ever has been any considera-tion by any prior City Councils to acquire all or any of Peck's Woods for a park and the results of this discussion. Councilman Billinqs stated that Council has set aside a certain amount of open space in Fridley, and he would like to know the number of acres in North Innsbruck Park, as well as Springbrook Nature Center, and when they were dedicated to be open space. _. f�: �� Councilman Billings stated that in reading the Planning.Commissiori"�''�` minutes, th�re are several references by residents who have testi- ,-ic�d to ferns and woodland plants unique to the Fridley area. He 1.50 FRIDLEY CITY C�UNCIL MEETING OF JULY 11 1994 PAGE•S7 . . questioned_how unique �hese_plants�and..vegetation were to the.area . � and. �i� �t��.y. are found .bniy . in this particular -_�aoods..: _ H� stat�d : � - tfiat this wouTd certa3nly �have an� impact ort. t�e decision� t�at .has - �:to •be•--made°:�� He s�t�t��l . that. there �••is a1-so referen�ce.: to � trees :ctzt.. . .. . : �doian. on' the Wal�Mart��s.ite; .and �ie would like .a Xeport .as:.�to:� t'ah�ther.� . . ' " � ' � or-- �riot the � . devel-o er - ob�erved_� �he �.coSninitment to reserve � the oak I� . P trees on tfie Wal-Mart s�ite. � - Councilman Billings stated that in the Planning Commission minutes there was reference to funds available from a third party that would be willing to purchase the property and give it to the City. He stated that if there is an agency that has $250, 000 and that agency wants to purchase the property and give it to the City, he would like to know about it. Councilman Schneider stated that he believed staff should.research this issue and the questions raised by Councilman Billings. He �quest'ioned how tlie City rate.s��compared to`riatiorial or state s:t�n- dards for. passive recreation a�reas and if we are �nadequate. or have: more than adequate areas. He stated.�that another question is what kind of use is being made of North Innsbruck Park today; if the City should acquire the property, and what the cost is for main-� taining it. He felt that the key issue is identifying if this property is really unique. Mr. John Haluska, 5660 Arthur Street, stated that he is involvEd with the organization; Friends of Innsbruck Park, and he represents the petitioners on the request for an EAW. He stated that they are appreciative of the City's planning staff who has helped them through this entire process. He stated that Michele McPherson has been very cooperative, and he felt the Council should be aware of the professionalism of the p•lanning staff. He stated that the request for an EAW did not �ome before the Council because of the petition but because of the deliberations of the Planning Commission. He stated that the petition was drafted to get this issue before the Planning Commission and Council. Mr. Haluska stated that there certainly is not any requirement to require anyone to conduct an Environmental Assessment Worksheet (EAW)_ He stated that there are two agencies involved, the City and the Rice Creek Watershed District, because there are two wetlands on the property. He stated that both the City and the ti•�atershed District have the right to require an EAW of any particular developer. He stated that he has been involved in that process in other ar_eas and. just completed ::�or};ir:g :�:ith the legis- lature on a similar request. He asked that the City Attorney check with the Environmental Quality Board staff and clarify this issue. Mr. Haluska stated that there may be some reasor. that a small,s, residential development is exempt, but he is not a�•:are of it �U`H� �,>°,;: ,. , . . _ stated that this is a large-scale project in terms of the ecologi_cal issties_ He stated that the Friends �F Ir.nsbr.uck P<3r}; are fully supporti_ve o£ an EAW and support th� ��quest of the Planning Commissiori_ 1.5 i � F � r � : ' � � � . � . � ,' . � ' � .:FRIDLE�Y CIT3C-COIIDiCiiL MEETING OF� JIILY. I1. 1�94� � ' -.PAGE 18 �- �� Mr•. Ha.luska stated th-�t, he would .� ilee.� to �su e�t . that ..this� � is�ue � �. � . . . g�g . � . .. :- al.so b.e�:�sul�mi�ted -.�o �. tYie C��X'.s,.�nvi�4�ipe�ta�i'Qual-i:t�_. ariid �Energy. , .� .�� E -: = � ' C.oiniini,ssivn��arrd�'.the�=Parks and"�ecreati�ori.'Commiss�iori.:�.-��"fe1�..=th�'t. :-��:•'��.�:': . �. � � ��e : arrfoxm�tion• �h�as t�o.. be brought =l�e€.ore..�al�l � r�l,�.va•nt: commisai;on�. �� : � � ; > .. 'I3e"�sta��:.-'�Yia� :��i�� :is nvtz:�j:�s.t� �any-inipo��:a.r�.t•:�s�t+�:.��o t1x��Cit�;. .��•' ,:. � '� � because, o�: �its��.ecolocficaT existence;.'•�but� becaiise" ��i.t�"pri�vides a_�- � .' ,.� _ uriiqu�e urban •f.orest: H� stated that �ie would `support= tYie Counc�il � .- tabling this.item and gathezing all per,tinent information. . Mr. Herrick asked Mr. Haluska if he has read the state rules on an Environmental AssesSment Worksheet. Mr. Haluska stated that he has read them several times and also worked with several attorneys on it. He felt that it is clear that . it i.s up_to the local governmental unit to�make �ts decision: He stated�.that any . governmental unit can do. it.:. - He ..stated that .in :, ; . .:. �. th.is:.'case:;; . it :.probabl.y .�tou�d, �be �'�he C.ity: �or the Wat�rshed Dis�rict _ ' Mr=. �-l��ricks �tateel=� =iha� li•�..��'interpi�etat�oz� Qf the ru�e��: is�: .- � ' ��different.: � � He � 5tated tha�'� he'�'did�� rltit mind- .�cheeking `w�tfi� �.tiie - ' � � attorney for the Environmental Quality-Board, but when he.calied ; him last week he was not available. � Mr. Haluska stated that it seems apparent there is not any compre- hensive plan in dealing with these situations. He felt that it would be prudent for the Council. to have an inventory of these parcels. � : . . . . . . - . �.. Councilwoman Jorgenson asked if the wooded area around Moore Lake is part of the same area. Mr. Haluska stated that there is mixed oak in the area around Moore Lake. He stated that there was a biological heritage series done .for the state. The people working on this se�ies are available. He stated that he has given their names to City staff. Mayor Nee asked about the availability of funds. Mr. Haluska stated that he felt the City should use the trust for public land funds. He stated that they are a national organi- zation, are well funded, and very interested in doing something in a suburban setting. He stated that they acquire property that is in jeopardy for public use. He stated that he is speaking in terms of between $200,0-00 to $300,000. They are supportive of it and want to meet with the City. Mayor Nee stated that the reason programming is minimal at North Innsbruck Park is that resources have been diverted to Springbrook.. Nature Center_ - Mr. Haluska stated that he understands and that was the reason for suggesting the survey and ranking the projects. 1.52 e I �� - ' FRIDLE�E- CIfiY -OOUNCIL� MEETING•''OF JOLY 11, 399.4 ' ' ' PAC�E 1� � � � � • �_ . _Coun�ilwoman Jorgenson sta�ed that �severa.l : years ago , sh�e. requested � � .. ari� ir►crease;_.�r�'nature. Gen.�e�_.a(Gtivi:t�.�es. at. �No:rth:: Ir�nskiruek� Park:,.� _: � � �. : �but �most:have.I�eEn: Cancc'T.led��due� to .lack :of� interest�,.� . . . : .. . � � . . �';.: � � Niz- �K�:rk-;: �'Di�eetbr�'of •Rec�e��i�ori• a�c�,:�a"�ura;i�:R�esot��Ce�;.-sts�t.EC�`�that � . . � ' • . - . � � � the City scfiedi�led� re'gu:T�r� 'natuY�3. pY`ografis�: � ��. At times. rio - on�� or . � - - . � � '� only orie person wou].d garticipate. .i�n` these activities.- He stated �� ' that if they received requests they would ha�e organize the � activities, but the participation was not good. Therefore, it has ; been several years since any activities have been scheduled. � Mr. Gordon Backlund, 5805 Arthur Street, stated that the front of ' his property faces Arthur Street where this development is proposed. He stated that at the Planning Commission meeting, Mr. Fallon, who represents the Archdiocese, .stated that they want ' to use this property to fund their activities. �He stated that it. . seems their =. interest �� is � f�nancial.� �- _.He stated . that he � wot��d not. . obj �ct to �sahat is� :eQns�dered ].egitimate . use of : privat:e proper.ty,�. ` � �; .. : but .he �. felt : it �woi��d :be.' i•� � �he C�t�Z' �s"beSt:: zr��terest.s.� to taJce _. a �ook :. _ " � at ;rahat that property could irie�n `to� the- �City. �� He felt �th��- if th.e �� property is to be developed, it.should be done as unobtrusively as possible, and the wooded areas should be protected as much as � possible. He stated that formal activities ceased when.Springbrook. Nature Center was developed, but there continues to be informal � activities. Mr. Mike Black,�Roya1 0aks:Realty, stated that the attorneys have been in contact with the City's attorney. It is thei,r opinion that the EAW is exempt, but they are not opposed to addressing environ- mental concerns. He stated that City staff did an excellent job in addressing these concerns. He stated that the pl,at more than exceeds the platting requirements in regard to lot size, and they would comply with all requirements for land development. Mr. Black stated that staff submitted stipulations to the Planning Commission, and they are in agreement with all these stipulations. He stated that they have delineated the wetlands on the site, and it is their intent not to impact any wetland. He felt that they have taken a very careful approach in development of the site, but some of trees would be impacted, as they would be constructing a 60 foot right-of-way for a cul-de-sac. Mr. Black stated that their company currently has projects in Woodbury, Cottage Grove, Eagan, Inver Grove Heights, and some of the neighboring townships. He stated that they are a reputable firm, and these will be very expensive lots and homes. He stated that they do not object to looking at any local environmental concerns and would be willing to work with staff on those issues.-;;�- He stated that this really is not a state issue as noted by- �the„t.;, Environmental Qual_ity Board. He stated that if they can provide additional i.nformation on the environmental impact, they ��ould cooperate with the City. He requested this to be done in a timely manner so that they can proceed accordingly. 1.53 ' I i � �,, �` � �`' '_ � • FRTDLEY. CTTY COIINC2L MEETING� OF JULY - 11 19.94 -• P1�GE 20 . '.. C� . ., . , ... . .� M"r. . Black_ stated ..tha�t� there has been•�some discussion- about the ..... .�. �. ,. .. possible purchas� of :th�._property;� and� :they� are certainly will.ing - ' � . �� to .consider. . and� erit:er�.�in_��any o£fer that.. may;�come f�o.rward.�- �_ . .. ' , : � . � _ : : . �� . ��'NfO�I�ON�_�,�b}� .•�eq�ncilYtian ��Schn�i�i�er.-:,to:-� tab:le; .co�isiderat•ion��>.c3f '..t.k�is.�;� _ . �::requ�s�'"ki� ,the ��.anning..��o�nission for a� �Eiivirozimentai �Assessment- � � � . - �Worksheet ori Pla't Request; P. S. #94-05 to� the �iext Coitncil -fieeting � � on July 25 and request the City Attorney�to further research both the EAW and other possible actions that can be taken to assess the environmental issue. Further, staff is directed to review the � questions raised by the Council on this issue. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO 53-1994 APPROVING PLAT, P.S. #g4-03, BY DAYTON- � HUDSON CORPORATION TARGET NORTHERN DISTRIBUTION CEIITER, 2ND . ADDITION GENERALLY T,OCATED�AT.1090-73RD AVENUE N.E.: � . Ms : Dac� stated: that the • resgluti�n : i� the . Council ! s agenda. e:.o�te : � �ciusly �states the 3rd Additic�n�: - �This should•-be. "Ghang�d� to �ie 2rid �. � _ - Addition. She stated that there are a number of st' ulati,ons attached to this plat wYiich the Planning Commi,ssion has ecommended . to the Council. She stated that Stipulation No. 6 s amended in response to Councilman Billings' concern about the .riveway.access � of the new lot from 73rd Avenue. She stated th a statement was added that the driveway be used for emergency urposes only. � MOTION by Councilman Billings to adopt Reso tion No. 53-1994, with � the following stipulations attached a Exhibit A: (1) the r petitioner shall submit detailed gradi and drainage plans for a trailer parking expansion, including elineation of any wetlands located on the property prior to construction. The PTanning Commission and City Council shall eview the plans if the parking area provides for more storage an 100 trailers; (2) the peti- tioner shall submit a detaile bikeway and landscaping plan for relocation of the existing keway adjacent to the westerly lot line of Lot l, Block l, T get Northern Distribution Center 2nd ; Addition prior to constru tion; (3} the petitioner shall prepare, ° execute, and record new ikeway easement documents and relocate the bikeway at the time of construction; (4) a joint driveway easement shall be executed be een Fridley Business Center Partnership and � Dayton Hudson rega dinq the easterly driveway located on Lot 2, , 31ock l, Northco th Addition; (5) an open air easement shall be executed and r eorded against Lot 2, Block 1, Target Northern t Distribution enter 2nd Addition, between Fridley Business Center � Partnership and Dayton Hudson. This open air easement shall prevent co struction of any structures within. the 35 foot easement; (6) prim y truck trailer access shall be limited to the entrance � on the Central Avenue service drive wi�h secondary access at ` exi_st � ng Ak�le Street. The driveway located on Lot 2, BloGk��`"1;� � �Ior co 4th �ddition sh�ll be used for emergency access only,' {7) pa f fees sha17 be pai_d at time of building permit issllarice; (o) 1.54 � _ O Community Development Department PLANNING DIVISION City of Fridley DATE: September 15, 1994 � TO: William Burns, City Manager ,�I�('' � FROM: SUBJECTs Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant 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, letters from the Department of Natural Resources dated August 9, 1994, June 20, 1994, and September 21, 1989, letters from Susan Miskowic and Neil & Connie Hayford dated June 7, 1994,•a letter from Judy & Dean Yorston dated July 25, 1994, a letter from Rick McMongle dated August 15, 1994, a letter from JoAnne Kyral dated July 28, 1994, a copy of a petition from the neighborhood, and a letter from David Ulel dated July 17, 1994. Also attached are photographs submitted by the.petitioner, Wayne Dahl. Staff also received a letter from Mr. Grundmais dated August 24, 1994 requesting denial of the request. A letter dated September 8, 1994 from the Environmental Quality Board is also included in the packet. The Environmental Quality Board is composed of the Commissioners of each of the State agencies including the Departments of Agriculture, Transportation, Natural Resources, Public Safety, Minnesota Planning and Pollution Control, Health, and the Board of Water, Soil, and Resources. In addition, five citizen members are appointed. The Board meets once a month. The Board is governed by a variety of statutes. In this case, the Minnesota Critical Area Act pertains as well as the administrative rules promulgated by the State to administer the Act. The City Attorney has contacted the Attorney General's Office<:-and. is prepared to report his findings to the City Council.- The variance request is in two parts: Wayne Dahl VAR September 15 1994 Page 2 1. To reduce the setback from the Mississippi River bluff line from 40 feet to 1.5 feet. 2. To allow construction of an accessory structure in the front yard. MM/dn M-94-400 2.1 � a� �� r �- ��.:; �� r_�.,��r:� � e S TAFF REPORT. Community Development Department � Appeals Cocniziissioti Date June 7, 1994 Planning Commission Date City Council Date June 20, 1994 Au ust 1, 1994 September 19, 19.94 APPLICATION NIIMBER: ♦ VAR #94—Q8 PETITIONER• ♦ Wayne Dahl LOCATION: ♦ 177 Hartman Circle; the property is zoned R-1, Single Family and abuts the Mississippi River. REQUEST• ♦ 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. 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" BACRGROUND: ♦ The City issued a stop work order to the petitioner on May 20, 1994 when it was reported that a building permit 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 Setback " �,. F; - � = :� .,_,;�,��-- 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 f�et from the top of the bluffline overlooking the Mississippi River. 2.2 � � 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; Q 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 public 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. Section 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 reque�t 2.3 { ' � � 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. RECOMMENDATIONjSTIPIILATIONS: ♦ 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 COUNCIL RECOMMENDATION ♦ Staff xecommends that the City Council cor�cur with the Appeals Commission action. 2.4 \ J � . : , � VAR ��94-08 /°``�ayne Dahl {� . . '�, � � /� �Q0.1- �� I � i� � R� �° e� � r'r�n I M�,.,..r� �e) �03��. �� ' �r...:.. I , � ...p�.�s... M.C. 5 ---699. --- � � , ^i ~ �� J -_" ' i G! y�11 8 13lN ��' :�„5� w ` M! ii9 � /I/� Il' � IL.;$o' i ��,��.. .� /7 /i'1 �",`� j�i9 �� i�' 3, ° ;��v a;� , (�'^�� $ y8, � �� "�,o,,, � ii 0� . � � �t � $ � � I � K i z . i .?l - �' { °.� � "i1 li0 u �ra- I � e. . �5 5�ti . h� �\a°�l � I �� •, ��y�f�' � . V!B-31�GCAf ° Y .V c. i '� ��b .// °' �1 I , �.�`P. •�NI'/Efff /r / E y I�JO j �.�1 a t�� w o.t�S: ' �,1� '�-asr 'g 1J�1 P _ _ -- ` �2 ��l `2 6, : b�.l° :' x . � . 8 � . .�c � t Nc.EJ�Oi-Of[ Ml. �`z�. � ,:6.�0 � 1a ioa t�ei � :! '� ��.! � 'r �: • w e'ao a•+s'Ner� L' ��'�s'ssx 11 w�� l � � � .p �ss� 4 -..e.nJSSi �. �2� f.xss � � � � ` y�v �' � � i5 °� R: rN y 'R•ri.sr � � � 3�-'L Jo , $ �V � . N �7 � '�' 1/�if � 1� � �, , �. v i ro e�*1 B w.. \ 9 � .vel�ls�.6�r � Z k ��v` � % . ` ' � `f � � "YO s' � t1�1 0 � � 9 4 I �� ,y ; � � � $ � � ��jl i. is� N °' isr. o� W , � � . tiss�s�Kr i ' � �� ' q .v'� a,.�N, Q $ � V�� / `,, ; (� $« "� f �A�' � e �� a ,, ,� y � , � — - —� � , _, Ggoi , „� JAO�/J-I/f . ti U � MIi�{�..(tN' .ZC� �i4� � - o J e�-lc-a _ •i �� b r- M °� /�y �'� i �l e �,1 a �., � 1 $y �� ,v.��«K. �L 6 �� /\ � I d . �" t� ' E� � �69 ? Q 2 T�u , � � / _L � �4 $ �°�;�'� �o = ;o� � .,E.,,u. ,;,$LOCKE LAKE ' �� n 291 , � � 0 �d3. • v�� f„�� L � t� j �.�`.` . :"r, ,f. � �� ,..�. - � , ti� sE e, /A' T A C(� � '�XN. " � � ��fl` $ JS'i i � ` . • M�I �/� V, •�� 3; � , a �-ff-% � — / �i2os � � A• ,-c.s ¢ `..`r� �s o� ia' �,�. 4 � � : � �.'s�� iiE 5; � � �� t � +(�� 1 � , ' /9 �v' 1� $ - . A Y!� 2 � � (�% J� � : �� ' �\ � ; Z ,; : �,� s j, - �i� �',, ': ! � � ' "' wiys � �y � - �';C,�q�' �„ � . :�,- Ocr foa +o ,� ixaf f - �e' �o� a w t�� . - 9v . � (/oso) ; �.,t.�= �{9 � -� .,; $. r 6�aD �, ��. �-c�ys � �, ; u. � �e a,s , � � '�w , , a, r u .a " •f " �, . e. .� �� ...u, � � �e Y � , �� ti"y. a. _� :' �.`• �} , ; �sr � �� o �i± I 1: /�'� (1P� a n�.5� D.�p� �S� � k e . `��' y., ,�j �i �P r �ti �h �;�./t �" / 'O � ; . � C a //(� . y/� � TC , ; !V�"''., ,'�'(�`� 5f $ �'�� 'K�esE �! ' �1.�/S "•• �18 ' i ; � _ � ' 1/ <. ' ...-. g� �W � � , ° ` � ' � ti°�5,1�� ! b� � yf . : $ O� �F � '�. �,`- �� . 4 ti > � /SJ ,U , .. � .0 2 �, : �'°c s� s7giqy ... , ��,_ 1�1�z7 kz 4 �: • � 14 �. : :11a�i -zs- � V o V�i � y � � " ` '��'�Ca��fy ,f .. M 5. 3 � ^ � � i ,s .9..ti) ��C4)37�i�.o) _':x� (i � rOL. - : arvlE - - seo 9 . : -,i5.�' � - � � % N .= -�: L'e�� v .9 a.Pi � � � � 'ti �b1)� % � / ' �,o� i o � 5 � �j, � t'- _ 9 �o � J � 6 ,�, � `VG7L�6, ;� 1 � ��; � IZ � ° � `V (�b� \ �. R� � Y � ' �� 'k �c�ss �� ' `; � � ,.� . �T`: , �*� �, , ,i � � y � ��°' � ,; :�",, ,, ��%�--N�s � a �, .6 ��ys ' � . ; N � N � `i�f �id ��t��i�P l5 � t `o l {:� }e fDi O � ' B�6jj� �i � �„Y . �.> 5 � . 9�LZ pq�� G � �'y l5»ott� 5 � MA , R�� g / �x� , �� ,.,;,,�^: �nf!` . -�� — � �a — ; .'_ -'� •9.s, � � =. ;< i I �� 8 .�� se Hn+r�= S� �.,s,:-;=' P �Q �4 � � TY , CO�I' \ �r, � � , i� �o� �� I�. �, Kii O 4 I •. � ) 1n , < — - �� I ro - ;� � I � � � � :� 1S �� ,,, �6 2.�-J ^ ,�, � '' '° � � �� ,.,, . �s . LC�CATiO(V 11AA P � � �► � / N T VAR �� 94-08 � Wayne Dahl DISTRICT fl-t ONE FAMILY DWG'S `� R-2 TWO FpMILV DWG�S lJ R-� GFN. Ml1lTIPLE OWG'S f�"''� R-4 MOBIIE HOME PARN LJ V PUBLIC FAC��T�[5 ,_, C-t LOCAL DUS�NE55 � C-2 GENERAL BUS�NESS ._�.I � � GENERAI SMO��ING �v'J 2.0 GENERAL OFFICE V v M-1 IIGHT INDUSTR�q�. - � M-2 MEAVY INDUSTfl1Al . . .`°:-.� PUD �LANNEO VNIT DEV. � 5-1 HYDE PARK NEIGHBONMOOD ❑' S-] flEDEVELOPMENT DISTNICT � O-1 CREEK 8 RIVEH PRESERVATION � O-2 CRITICAI ARER r' t_. V/.CATED STNEETS r Z�A�� -!� VAR ��94-08 Wayne Dahl ___. _ _..�_---� � � �� -�� .�.� � i KUA`� l�11AVEY1AIt3. INC. � �3 ��s�iao�r K. w.�. COI.i11�MA 11��Oi1� N4�1 � 7, ��sr M�K� *M�►T tNa wHwnr. , rr . M ns�*�w� +r�a �..ws f w �y ow u«osw �Y ww�c� w�sa •M� tNAT 1 AI�I A�1Kf qi�NTMi� «►RVtVM YpO�i TM[ �r4M1� 0/ ?Mf S1ATi OI MINM�M�� }W trCCa7 OATE . 3 ��9 j a5 SCALE 1"= 6C� Pri1NNE50TA RE STRATION NO. �l�,�.�� o= IRON MONUti ��ot� to 0 d- Vott�tT 4� � � � '4 '�1, � � � �• � �r� r !,r'k � �.'� �' � � � ,. -� . ,- ��". � � � AR`r MA�.�, 'aio �/SR.T K10�ald�' , c i�,t.�. 6 �� • � � ��; p v � ' p,b +� / :. ��'' / .,� r : `r' • a�''.{ Gb '- , ... �;"', *, ��%' , � r K \ � � � �,,� . -' �, � AV�C' / i 1 i � � fs1 ' ' ..9w // / �� 70 � � � �� - 7 U � � �o�� ` t � N .y'� �4 c�-----\3 � �0+,1'- ._ � � � �� __-� bp,j G.Q,�,�.�+� a i a'O, o � , ------------.� a p� �� ,, , �� -� 1�, Q� �... C� ,��--Q C.1r� Z c. � � � r� � � � c7 �-r !� nn l�c--� r1 w � SITE PLAN �. _ .� �. -_ : - 5 i � � �' - ti ,�, f_ >, � x��,, � � `':7'; 'K3 y,• - ` ,: . . _ __ ' '_... � �...:7M ; `;_ � , � �. .. ' �'. . , �:... . � ; . . . . . . � . . . .. . . . - • y' ;iM"`r� - . � .. . . � . . �� - . .. . . ,.. _ � . . . . : ��„ �. . .. . . . . � � � � .. � . " " . :X: , - �� ' ' . _ _ � �c.<' -i� ' , ' ' _ _ � r r �"tj�"�� . . . . � . - . � �! �;, r� �. �.i7a � � . - . � , ; -� : . `ry ' � 2Ci ' d�� .�Fa y 1» � � - �a \�-� �= t ? k ✓ � l. €�S � t 7'' �tU. ` ��:.� �� .: . y.-,. _ w � �•n��';a'� : ? . o��.� '��i� +��.�C� ��Y� r'� �� 'Y-�i, - ; :.��. `�`f �:��+.s "- � .ro iry �-: �... '' - s>� Y� r,� a. r� - r T� G ��.�� - . -:� �,�� .��, _ _ �_ . �..��,•y�`t�s. xt.' r'.'+�.�J �� - S� ` s „�- -. fa - �pF '��x�'„�,�i • * � �_.. - � � _ � s.�- �� '°"'-�,.�� a - . . _ _ y�s.i. r-.�t-� . 3�^�'+` �'?i _ � � �. � �:- �'.-r�� '� tz � �r - . -'YS.� . {i c _ - - . -+�w'� +.` l � _ � . . ...- _ . - w's �i : ' w� �� -� `�- r_ ._ . . -} ..�;-*1��2 ; � Y t � - � � � � � • �'��-�?� ` '` s � .' � L a �_ 1 ;s. _ ' - • . � � �. ' _ _ '�� -_. �. � : . .... . . . : ~: � t ,.n��' " _ . ;�a '�,� � . � f, .� s s-� . ti _ �-.-,.. :p, 't�° .t r.� �` l - - � j -�,,,s�+� . � � s > i ~ t' - _ " - � -: '''�'�if':�� .,-z�- 5`� �e r ' .'. � �'� t � �. � -� � ,it �;' . �t' � } -`Y � ! �� .n �:K:.. .. __�z�� •-_ :_- __ •-. _ _._._ . . _ .. ,��__'Y �W��3- - - -=',� � � � i,, �::: �. =�' } — :;. � x • j ^ e:� " �. - `r:: ` r 4'.h° ' i G r . - " i Y��,i,,iV1 ' i: �=-K � - ��-� � . _ . -- :y... �::� _. 9_.. .,.__, _ . : . . - j;.�; �".� � }'� '1. , ` �p. {[ .' ��. .. !; - _ �e�.� . .. . .: . . . � " �bf�� . ,; �'?ir. a '�. t .. ° �*�-+'�a��= '3 � -�: �� [ f� 4 # � i+�-'-j >+.�" +.: � � �, 4 ' # , Y°" .' e _ 3. .: . .. •-- . � �� *,'� Fv. a�, � � � � �� }��'� - �a � � ��,�-a � � �� ^t.J � ��: .. s , . n '�� J 1�1 i ', I September 8, 1994 Ms. Barbara Dacy Community Development Director Fridley Municipal Center 6431 University Ave. N.E. Fridley, MN 55432 RE: Storage Shed on the Dahl�Property in the Mississippi River Critical Area Dear Ms. Dacy: I have reviewed the file sent by you on August 3, 1994, as well as the approved Fridley Critical Area Plan and a letter sent by Dale Homuth, DNR Regional Hydrologist on August 9, 1994 to your office on the matter referenced above. Clearly, the comments submitted by Mr. Homuth's letter accurately reflect the facts that the City of Fridley must consider in acting on the variance rec�uest. Fridley City Code and the City of Fridley approved critical area plan require that new structures be placed not less that 40 feet from the top of the bluffline overlooking the Mississippi river. An affirmative action by the City on Fridley on the Dahl variance request will infringe upon Fridley's city code and approved critical area plan and would establish a precedent for action on similar requests. If you have any questions, please contact me at your convenience at 296-5089. " cerely, . i � � r /�,, (,�.' G�Z LL'� �li�[�y� arry�artman EQB Staff "■ 2.9 �1 fNVI80NMENlAt OUS(i1Y BOARQ 658 Cf�AB SiRffl, Si. PAU(, IMN 5gi55 612 2�6-26Q3 �AN 611296-3696 Sidff �ROYI�E� �Y � PtANKIN6 . � � i . � . . � � � . JOHN V. GRUNDMANIS. B: ARCM.. M. Eo., Pr�.o., A.I.A. August 24, 1994 To: Michele McPherson, BLA Planning Assistant Fridley City Council Fridle_y Municipal Center 6431 University Ave. N.E. Fridley, MN SS432 From: John V. Grundmanis, AIA 1 SS NE Hartman Circle Fridley, MN 55432-4112 � 185 NORTHEAST HARTMAN GIRGLE FRIDLEY. MINNESOT,4 55432 PHONE (612) 571-8171 Re: VAR # 94-08 177 Hartman Circle Fridley, MN 55432-4112, this property is zoned 12-1, Single Family and abuts the Mississippi River. REQUEST FOR VARIANCE: 1. Reduce the setback from the Mississippi bl�ff line from 40 feet to 1.5 feet. 2. Allow construction of an accessory structure in the front yard. The petitioner is proposing to construct an 8 feet by 15 feet storage building to store yazd maintenance equipment. The petitioner stated the following reason for the variance and hardship: "Lot location - shape and river - creek grade of lot." FRIDLEY CITY CODE REQUIREMENTS: Bluff Sectior, 205.25.08.C.�:) �f the Fridley City r'ode requ:rPs that all new structures and uses �hall be Setback: placed not less than 40 feet from the top of the bluff line overlooking the Mississippi River. 'Front Yard Section 205.04.05.13 of the Fridley City Code requires that accessory buildings and structures shall Location: be permitted in the rear and side yards only. , MISSISSIPPI NATIONAL RIVER AND RECREATION AREA (MNRRA) RULES, Bluff The 40 foot setback from the top of the bluff line required by the City Code is also consistent with Setback: the site development policies set forth in the MNRRA Comprehensive Management Plan / Environmental Impact statement (CMP / EIS). UNDUE HARDSHIP "Undue Hardship" is defined in Minnesota Statutes, Section 462.357, Subdivision 6: The applicant must prove 1) that the}� cannot put the property to reasonable use under the terms of the ordinance, 2) that the plight of the owner is due to circumstances unique to their property and not created by the owner, and 3) that the variance if granted wi�121 1tOalter the essential character of the area. � 2 BACKGROUND In 1989 about this time Mr. Dahl requested a variance, VAR #89, to reduce the setback from the Mississippi bluff line from 40 feet to 0 feet and to allow construction of an accessory structure in the front yard. The petitioner was proposing to construct a much larger storage building to store his old hobby cars. The petitioner stated the same reasons for the variance and hardships...Mr. Tom Hovey from the Department of National Resources wrote to the City Council:"... it's in the best interest of the river resource that no further encroachment take place toward the bluff line; therefore, we would recommend against granting such a variance..." Of course, the Neighborhood was against it too, the various Agencies were against it and so was the City Council... This year he did not even bother to apply for a variance and / or building permit, but started construction of an accessory building a few inches from his neighbor's property line until a stop work order was issued by the City of Fridley, May 20, 1994. It was observed that the floor of the structure had already been constructed... On September 19, 1994 for the third time the City Council will place Mr. Dahl's request for a variance on their agenda... Although, at their first meeting June 20, 1994 The Fridley Planning Staff, The Appeals Commission, The MNRRA and the initial City Council's vote (June 20, 1994) u�as te �lPn� .�:P vasian�e :e�,�a��±ed by Mr. r'ahl. And so, the City Council at its July 11, 1994 meeting voted 3:2 to reconsider 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 bluff line. At the Appeals Commission meeting, June 7, 1994 Ms. McPherson stated that in reviewing the City's records, the City has not received a previous request to allow an aecessory structure in the front yard. At the same meeting Ms. Beavliev stated that 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... Dr. Vos asked Mr. Dahl if he was aware of the setback from the bluff line because of his previ- ous variance request. Mr Dahl stated that, yes, he was aware of the bluff line setback of 40 feet. CONCLUSIONS AND RECOMMENDATIONS I have reviewed most of the documents pertaining to Mr. Dahl's request for variance. I have inspected Mr. Dahl's Lot, the Survey of the Site, the constructed foundation base for the accessory structure and came to the following conclusions from my perspective as an Architeet: 1. There doesn't exist undue hardship to the applicant as deiined in Minnesota statutes, section 462, 357, Subdivision b and 2. The applicant's Lot is the largest in the neighborhood; adequate room to the south-approximately 85 ± feet deep - and side yard east of the house - approximately 60 ± feet exists to construct the proposed storage structure. Because the yard slopes to the south, access is more dif�cult there, but its possible. The structure could be located in the east side yard and to the south of the existing house in compliance with the setback requirements. There is also room adjacent to the garage to construct the structure, however, a variance to the bluff line setback would need to be granted. Possibility exists to extend the garage to the north providing more storage space for his yard equipment -the best possibi�ity in my opinion... For tb:ese reasons and based on the above conditions the request for variance by Wayne Dahl should�:b�-.�ietu�d. � Once more it has to be emphasized that the petitioner's lot is NOT a very "unusual" lot; that his house is NOT of an "unusual" shape and that no "unusual" circumstances surround the house. Because the lot is of a pear shape, the original builder and owner of the house wisely located the house further south providing a better setting and securing more privacy. 2.11 3 The front yard is easily definable - see the attached Site Plan. On this Site Plan it is clearly illus- trated that the proposed (the base already built) accessory structure not only violates the bluff line set back requirement of 40 feet, but also the Fridley City Code requirement, that accessory buildings and structures shall be permitted in the rear and side yards only. The proposed structure is NOT a"small tool shed hidden in the bushes." It is an 8 foot by 15 foot storage building to store lawn maintenance equipment -a tractor, a large trailer, etc. -it is an accessory structure. Ms. McPherson Planning Assistant, has stated at the Appeals Commission meeting June 7, 1994; ". .. in reviewing the City's records, the City has NOT received a previous request to allow an accessory structure in the front yard." Why not? -because the FRONT YARD restrictions are the most stringent requirements in the Code... It is unthinkable to make a precedent by granting variance to Mr. Dahl to build an 8 foot by 15 foot storage building in his front yard as shown on the Site Plan. .. Regardless of the shape of the lot, regardless of the location of the lot; whether it is on the River or on Mississippi St. East of University Ave. and regardless of who owns the house, the Code require ments apply to all equally. The Mayor's 5 pa�e memo �f June 22; 1994 ta all members of tk�e Fridley City Council to intimidate those voting against granting the variance was v.ery unfortunate to say the least. .. Along with the overwhelming majority of our neighbors (90%) ± fully support the recom- mendations of the Fridley Planning Staff, the Appeals Commission, the Mississippi National River Recreation Area (MNRRA) and the initial City Council Vote to deny the variance requested by Wayne Dahl. Sincerely, ` �2 � �� /�ohn V. Gru / anis AIA C/ ✓ ;;- �� r� :� � �.. 2.i2 t�a� , ��- '� � 1�G`�1�a.�.�.. �:��-�a , ` �SSL ;�� . \ , (� � , � • � l, S�� l�'�-3� ' ' �� ` � `�`n Sv S �� \ � � �, � �\ � , ` , , � ,� �, ► • ` -- � � � � , � � ` ` ` , e �� a � 1 r ' � �` 1 •.� � \ � � ► r . � . t s►�.. !•� � , � ' � �� , � �� -��; . � ' . � �:,�—.., �I � r , t► � \ �\ , � � � � . , � � �•�, � , , ` .. i -�:,.. : �. : ` . �� • ��, i, .,1 . � , , .. , ,,�.�.� ,� ., ��. O,, . . � � V ., � ., . i � � � • . � 't.t: . ', i _� ` - - r� �`.�. . , ,, "V.��sv�-e, C�-� ��,�` � ,1S�t�� 0.� • �� . � � ��i �O . � � . ,� � -'- ° �!1 � . .. .�.� �► � ��__ 2.13 — -. c� .. ` C�/�� L� C�.�� , � � �� C�dl �.Q� � •c ` . . � � , , � ) . �� v.�C.X '''�"�� t � (� � � `�..�.,o Clti.� Ce.� n�7X . �tsL.� �� , F�' � �� 'YnsZ-� � � �-c�.�`� �v` 61SL S -_ _ ��-�-- �� E�� e�.�� . �� a� � � �. � � � � �� , ��.,� � �. ` a.�-� � v � � � , � � �-�- � � � _ �.� ° v�� L—�`�,a�- � c��i - (��? —� �� ( C�e�� °1� -'��1� .. � � c��..,r,��,� a� � � - �^-� i �- �A�.�- e. � ` ��'� ��3`� � �y � _ l., /� �l..J F 2.14 . � � �--► �- �� _ .�Q �� n��. C� 1 � �-�--��,- . S � �- �C� . �� , t � � , . �� ---- _________ ------ --- --_ _ -__--- The Spectacle Shoppe, Inc , Rice Creek Center, 2106 ' e Road, New Srighton, MN 55112, (612) 636-3434 . �, � nuy lv•ll,� �vU.V10 t-.U1 . �TATE Of UV U`�J LS ��L.".� aEPARTM�NT 4F NATURAL RESOURC�S METR4 WATERS, iZ00 Warner Road, St. Peul, MN 55106 PHON� NO. �6�2)ti�2'�910 FILE N0. . I Au�ust 9, 1994 Barbara Dacy, Planning Coordinator City of Fridiey 64� 1 University Ave. NE Tridte,y, Minnesota 55432 RF: STORAGE SAED; DAHL �ROP�RTY; M155ISS�PP� RIVER CItY'i`ICAL AREA Dear Ms. ]7acy: As t discussed with Michelle McPherson af yout oiiice, I have rec�ived an inquiry regarding a Juno 20, l 9941etier that Area Hydrologisl Tom Hovey wrote ta Wayne Uahl of 177 Hartman Circle: Appar�ntly, Mr. Dahl is propasing to place a'200 �quare foot stora�c sh�d within the 40-faot bluffline setback area. Tam's letter stated that the Department of Natural Resources (DNR) did not cansider such �}ieds to be structures and therefore the DNR didn't object to tha variance. I have researah�d the basis aPthis remark and found Tam misinterpreted the advice he recoivod an this matter. Accardinb to State Shoretand Management standards, such a shed would be consideted a structure, thaugh differin� setbacks may �pply depending on the use of the sbed. Under the Mississippi River Critiral Area Rufes that apply to this property, such a shed should be cansidercd a structure, The copy of the Fridley Critic�l Area brdinance that Y havo contains no definition of "slructure." Therofore, the wording ofyour base ordinance (which I dan't have a copy ofl would be eontrolling in this case. The fact that a va�-iance is being saught means that tha City must consider this shed a structure. Therefore, the anly issue is whether placing the shed so that it meets the 40-foot bluff setback wouid cause undu� hardshi� to the applicant. "Undue Hardship" is defined in Minnesota Statutes, Section � �b2.357, Subdivision 6: The applicant must prove 1) that they cannot put the property #o reasonable use under the terms of tha ordinance, 2) that the plight af the owner is due io cit�cumstances unique to their property and not creaied by the owner, and 3) that the variance if granted will not alter the essential �' ° character of the area. I urge the city tp concentr�te on this isgue only. If the applicant can prove undue hards}up, a variance should be granted; if not, the request must be denied. 2.16 AN FCJI )Ai. nPPnRT! 1NlTY FAhPI f1VFA UNK tH�IKU F'EGION TEL�612-772-7977 . 0 City of Fridley August 9, 1994 Fage � Aug 10 , 94 16 : 0� I�J�� .(J 16 P. 02 Whatever action the ciry takes should be wcli documented: Each of the statutary requircments relating ta variana�s should be addregsed in the findinga, Also, if the city decides to issue the variance, conditions af such issuance should be considercd. �or example, as mention�d in Tom Havery's lettcr, any variance should address future vegetative screcning af the sttucture. Thank you far your eonsideration of my comments. Please don't hesitata to contact me if you have questions or concerns abaut this matter or this letter. Sincerely, % �� ,I� � V � � , Yaale �. Homuth Regional �Iydralogist DEH c: Wayne l�alil� 177 Hartman CtrC�E, �'ridley, MN Joiu� Linc Stine, �'ermits 8c Land Use Sectian Tam Hovcy, Aating �F.�VIA Hydrolagiat Rabb Collett, Acting Aarea �iydrologist 2.17 � STATE OF U V U �J � � � �Lr-J DEPARTMENT METRO WATERS - 1200 PHONE NO. .� •� 2-.� 91 O June 20, 1994 Mr. Wayne Dahl 177 Aartman Circle Fridley, MN 55432 � OF NATURAL RESOURCES WARNER ROAD, ST. PAUL, MN 55106 FILE NO. 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 comments: We have typically not considered storage sheds as structures requiring setbacks if they are without foundations, no grading.is required for their plaaement, and are 200 square feet or less in size. We consider them to be similar in nature to children's playsets. Therefore, the Department 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 scre.ened, 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, / �'j2L Tom Hove Area Hydrologist c: City of Fridley, Michelle McPherson m 2.18 AN EQUAL OP"� ' �•JNITY EMPLOYER � �� ' �� . �� _.... ..__ ..._ ..-' _ _.. ._ _ ' � ...� _�.. , _ � .viv .vv '� � � L � � � � Ki _ � �� , �, j I . �. , t\ . . MiTiLt� itEGION WAT�ILS � 1200 WARNER ilOAU� ST. P'AUL� MA1 55106 i 296-7523 � � September 21. 1489 Ms. i�iiettele.McPheraon i'l��.ntng Adeietatt� City pf Fxidley 6431 Unive�ra�t�+ Avenue N� � � �ri.aley. Mri �5543z ItE; TIAHL VAKIANCF. MYSSISS11'PI RIVER CRI�ICAL AREA, BLUFPLINE . SET�AGK� �'1tIAL�X. ANUKII GOUNx'Y Daar Ma. McPhexBOn: , Th�s .l�tt�r 3.a, i.� r�spanae to your inquiry into � pur posttioa or► Che �prapaaed variance ,�rom tbe , 40�-ioat ; b]�vifli�a� setback at the Dah1 xes�dence st,.��7• Hurtroap�� Ci.�c�s;�tE,:aa Fridley.::,:�t'a ia the best inters�e af,..,�be. rivur,�. resouxce: t��;na�,futCl�er•.;�ucroachmant �ake . piag� � eoward. the •6luifl�ne; �.�tbare�4x.�.•: �ee.�; woald, �x�ecmnead against . �: granti.ng sucb a v�rianne ua�.ees:�;socia �,k,iad, ;of. ha�d�hip csa be prov�n. .�his �app�ar�..ta.:be m.ceee; of the,,�at�,vfty ;ao..t spscifica].ly su�ted La : a�. . .th� prop�ity.. . •I'�r�ap� ti�sre ;3s � �o�:,dtH�r � Zocatitix� _that- aan autt , the n�.edg , of. Mr. Dahl. . � . . ., . . : ::� : . _ : -. : . .. . ' It� .wauld also ba in �.� th� . beat � inters�t a�, �ha _ river �resource if Mr. Aah1 trere ta dieGontinus,,� :au�iag-_ his.;: ysr�, ciippings over the �riverbank. Thase qnrd .clippiag �pr��ent�..,a detx�m�nt81 nutr�.ent source a.nd coatribute to a��al praductl�.ats �.a Ch� xivar. Flaese nall �a.if you have any qussti.ons. S�acsrely, �� ' Tom �lavey Area Hydralogiat cc: Wa�►ne Dah� T207:kap 2.19 �;�;, � ''� ��: .� FRIENDS OF THE MISSISSIPPI RIVER �� 26 East Ex�hange Street Suite 2�S � St. Paul, MN SS 101 Phone: (612) 222-2193 �� FAX: (612) 222-6005 . August 1 S, 1994 Mr. Bill Burns, City Manager City of Fridley � . Community Development Departmexit University Av�enue N,E. . Fridley, MN 55432 � Dear Mr. Burns: ' �Ne are writing you to comment on the variance request by Mr. � � Wayne Dahl to construct a storage structux� on the bluff line of the Mississippi Rivex. We have r�viewed xhe variance ap�lication form and related doruments.' We offer the following comments. � The property in c�uestion is located within t�ie jurisdiction of both the Minnesota Critical Areas and the N�ssissippi National River and , Recreation Ar�a (MNRRA), a unit of t11e National Park Systein. The legislation that established these two areas recognizes the local, ,state, regipnal and national significance of the Mississippi River corridor. We believe it is in the best interests of so�iety as a whole to abide by the spirit and regulations of these important pieces of legislati.on. The environment and the economy. of �ities such as Fridley will be enhanced by compliance with the standards established by the state and federal governments. � Bluff lines alorig rivers are vital corridors that need strong protection for their aesthetic and ecological functions. The requested variance wou�d reduce the setback from the blu�f line �rom 40 to 1.5 feet. � Current city codes require a 40 foot setback �rom the top of the bluff line. The rec�uested variance thus reduces the setback requi�rement by 38.5 feet and is a radical cleparture from both �egal and�common serise. � _::� The variance request is for an accessory structure, a storage she �{._„�� We do not cQnsider a storage shed to be of a signiflcant value to 2.24 replare all of the values lost to society and the environment by its location so close to the bluff line. By our analysis, there are other suitable building sites on the south and east sides of the Dahl property for this structure. - We wish to go on record supporting the recommendations of �tie Fridley planning staff, the Appeals Commission and the initial cit� council vote to deny a variance request. We agree that there would be no hardship ereated by requiring an alternate site for tk�is , structure. We support the positions of the Minnesota Deparrinent of Natural Resources and tt�e National Park Service that granting this variance would create a precedent that would further degrade the sensitive bluff line resource areas. Thank you for considering our comments. If you or your staff have any questions about our comments, please contact me. Si cerely, � .: � c� Rick McMo agle Executive Director 2.2 � . ...-.. ._•:if.. :i._r� PIlJJ1JJlfCI Irn1L AlY •� �.� eEett•atveRra L8009 (MYS5j —3 Ju�.y 2s, 19ga United Sta.tes Department of the Interior NATIO�IAL. PARK SER'�'ICE Mi�ai�sippi I��tional R;rer a»d Recreation area 17.5 fifih Smeet £a�4 Suite 4id, Iiox 41 St. P�ul. J�tinnesota �a3101-4901 Bill Burns, City Manager City af Fridley community Development Department University Avenue N.E. Fridley, MN 55432 Dear Mr. Hurns, � VL On July 27 wa wer� contiact�d by Mr. Neal Hnyford concerning a variahce reque�t by Mr. Wayne Dahl to allow construction oP an aceessory struature 4n the bluff line o� the Miesiseippi River. Ir► respottge ta Mr. H+�y£oxd'ec concern, our staff contacted your ofPice ta obtain the varianee appliaation form and related documents. We hnve reviewed thia information and offer the following comments. �The property in question is withir tbe Mississippi National River �►nd Recreation Area (MNRRA) boundary. The nren was designated::na a unit'of �he National Park Service (NPS) in 1988 to ��..preserve, proteet, dnd enh�nce.." the significant resouraes of the Migsig�ippi River Carridor.• Tha final compreheneive management plan and associated environmental impect e�atement prepared far the area is now being reviewed by the Governor of Mlrinesote. The Governar will forward any recommendat�.ons he may have tv the Secretary of the Interior for consideration in the Secretary�a review oP the plan. � secretarial approval o! the plan, mandated by the enabling legis�,ation,�may come late this year. Prior to adoption of the plan, Conqress has d�rec�ed the NP3 to monitor all , l�nd and water use aativities in the corridor to ensure said activities ara in keeping with ths purpoaea of the enablinq legislation, and ta adviae and coflperate with government entitie�s to Yainimize adverse impacts ot the activitiea (P.L 100-696, Sec 703(i)). The requested variance would reduce the aetback from the bluff line from 40 to 1.5 �eet. Current city code requirea a 40 foot setback..from the top ot the blutf 11�ne. Thie estback requirement is also conristient with the eite development policies aet forth itt the MNRRA Comprehensive Manaqement P1anJEnvironmental Impact Statement (CMP/EIS). " , �� We wi�h ta qo on record supportinq the planning ataPf, the Appea►1� Commission, to deny the vttriance requeat. We aqree report a►nd the decision of the Appeals 2.22 recomm�ndntions of,,:;:the Frif �•� � Y and the irit�al city council vote with the Fridley planninq etat� Commiseion that there would be no � -��-:- ._:��rrn rr.+.�,ti At155l551t't'1 IYHtL'xtv v ,�ii; . hardship created by requiring an alternative location for the struature. Aa indicated in the staEP report, adequate room to the south and eagt sides oP.the home exists to construct the storaqe structure. We alao believe �I that granting thia variartce would creat� a precedent that could further dama�ge the integrity ot the MissisBippi River's visual ree�ources. Thahk yau for your cans+iderati.on on thia matt�r. If you or your staf� have any queetione on our commenta, pl�ase teel tree to oontnvt Mark Ddltan af ;I our sta�'� at 290-4160. � Sincerely, - �I�,. � . � � - � JoAnn Kyral � IN Suparihtandant � 2.23 � _ �n ._ , t I �� ,• . � � Suzaaute Miskotvic 153 Hartrnart Cit�fe FridXey, MN 55432 � . , . . rt . _ _ . : _ �/9�� , .� , , > , � . � , �, � /., . � / � ., , i � / , �' , � � _. .� / � / /� ' � i � � � �i �i , � � . �, � � � � � �i� � , / ,/ ` �, � , , !/ � ,� , � - ' ,.i , � � - � . /;� ,� � � � �� / �i / � r . -�,� � � � / , � � � � �_ `�'� ,. / % �� / �� . '' � / � � _ � � / - - -� - ,.�i�i/�. � � / � � // , � ' i .� ii r / - ! � �� , ,; i a , � / / � �, �'-��.�1 . � /o / �;��-��'�-� � ,/ , , / . A � r. / , � / � ,�i ,� / � j - � � ' � � r� - � � . � � P�j�i � / i / / ♦ � i / � � / �, d�� 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 the Commission and the City of Fridley 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 �gnoring the planned development guidelines set forth by the Commission to help preserve the natural resources of the river. * Construction of an acce.ssory building in the front yard. � Lot 20 is the largest lot in our neighborhood. '�Numerous other locations exist for the placement of a storage building on this lot that do not require a request for variance. There is no hardship. * Existing framework for the partially constructed accessory building currentl� sits four inches from the noYtherly line of lot 2�. No request for a variance from that line 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 varian.ce by Wayne Dahl, based on the above conditions. Sincerely, � � ' �� ,� , Neal Hay ord � V�= Connie Lane 173 Hartman Circle Fridley, MN 55432 2.25 , FRIDLEY CITY COUNCIL MINIITES OF AIIGUST 1. 1994. PAGE 2 OLD BUSINESS: 1. FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City ager, stated that this ordinance amending the City Charter inly relates to how members of the council are elected. H ated that this is an extensive reorgan- ization of this cha r and clarifies a number of items. MOTION by C cilman Schneider to waive the second reading of Ordinance o. 1034, adopt it on second reading, and order publi- catio . Seconded by Councilwoman Bolkcom. Upon a voice vote, all v ng aye, Mayor Nee declared the motion carried unanimously. 2. RECONSIDERATION OF ACTION ON VARIANCE RE4UEST VAR #94-08, BY WAYNE DAHL, TO REDUCE THE SETBACK FROM THE TOP OF.THE•BLUFF LINE OVERLOOKING THE MISSISSIPP� 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. (TABLED JULY 11, 1994): � MOTION by Councilman Schneider to remove from the table the motion to deny VAR #94-08. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated tYiat the'City iaas contacted today by Larry Hartman of the Environmental Quality staff. She stated that, apparently, they re�eived a call and wanted information about the City's Critical Area Plan. She stated that staff researched the information for Mr. Hartman and confirmed that the City has adopted such a plan. - Ms. Dacy stated that there is a question as to whether or not the council has.the final authority on the variance to the bluff line. She stated that she has contacted the City Attorney on this ques- tion, and the reply was that the council does have the final authority to take action on the variance. Ms. Dacy stated that in researching the Environmental Quality Board's rules, there was a section that the Environmental Quality Board has to be notified of any requests for a permit within the critical area. She stated that City staff was not aware of this requirement and, based on the advice of the City Attorney, they _ want to make sure all appropriate procedures are being followed. She stated that notice of this variance application should be senYt� to the Environmental Quality Board. � ��_ �� Mr. Herrick, City Attorney, stated that the Environmental Quality Board's rules stated that notice should be given to them thirty 2.26 � FRIDLEY CITY COIINCIL MINUTES OF AUGIIST 1. 1994 PAGE 3 days before the council takes action. He stated that if notice is given in the next several days, the matter should be tabled to a meeting sometime after that thirty-day period. Councilman Schneider asked if the Council has the final authority on the variance reguest. Mr. Herrick stated that he did not find anything in the Environ- mental Quality Board's rules that they have any authority over the Council's decision to make zoning rules including variances. Councilman Schneider asked where the Environmental Quality Board fit into the bureaucracy with the Department of Natural Resources, the Metropolitan Council, and other agencies for.review of these issues. � Ms. Dacy stated that the Enaironmental Quality Board was part.of the reviewing authority when the Council adopted the Critical Area Plan. . Councilman Biilings asked if it is the intent of Council to receive additional testimony prior to a vote on this variance request. Mayor Nee stated that is the intent. Councilman Billings asked that testimony be taken this evening so Council would have time`to review any comments. . . � . . „-.. � �. � . . � ,.::�� . . 4-�. . , _ .. , , . . :. . . c: . _ Councilman Schneider stated that he did not have a problem with receiving testimony, but when�this item is before the Council next month, people will want to restate their views again. He stated that the question is: Does:the Council want to receive testimony at this time and then go through the process again? Councilwoman Jorgenson stated that there are people'here this evening who wish to address the issue, but she felt they would be here again next month. - MOTION by Councilman Schneider :to table the motion to deny Variance Request, VAR #94-08 for approximately thirty days until the Council meeting on September 6, 1994, and direct staff to notify the appro- priate agencies. Seconded by Councilwoman Jorgenson. Councilwoman Bolkcom asked if the City would receive information from the Environmental Quality Board in thirty days. Ms. Dac stated that the Environmental Y Quality Boardiis aware of this request, and she felt the City would receive"a reply withi the thirty-day period. �5`� Mr. Herrick stated that the�letter to the Environmental Quality Board should indicate that Council intends to consider this matter at the September 6, 1994 meeting. 2.27 r FRIDLEY CITY COUNCIL MINIITES OF AIIGIIST 1. 1994 PAGE 4 Councilwoman Bolkcom stated that regardless of the response from the Environmental Quality Board, the Council's decision would take precedent. Mr. Herrick stated that in his research all he found was that the Environmental Quality Board has to be notified. He stated that if the Environmental Quality Board takes the,position that they have the authority to prevent the Council from granting a variance, this would become clear before the September 6 meeting, and we would deal with the situation if it arises. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Mayor Nee, Councilman Schneider and Councilwoman Jorgenson voted in favor of the mo*ion. Councilwoman Bolkcom and Councilman Billings voted against the. motion. Mayor Nee declared the motion carried by a 3 to 2 vote. Mayor Nee stated that he wished this issue could have been resolved this evening. � - Councilwoman Bolkcom stated that if persons cannot attend the September 6 meeting, they could submit a letter that would be entered into the record_ A gentleman from the audience questioned why the residents couZd not give testimony. Mayor Nee stated that the Council could listen to their comments,� but the issue could not be settled this evening. �� ° This gentleman stated that there is no sense in speaking if no action can be taken. � Councilman Schneider stated that was his thought, and he knows that everyone wi11 want to make their case at the September 6 meeting. , A lady in the audience stated that she was of the opinion that this variance was already rejected. Councilman Schneider stated that when this item was originally before the Council it was about three in the morning, and there is a procedure under Robert's Rules of order that a vote can be reconsidered at the next regularly scheduled meeting. He stated that he originally voted against the variance, but. at the following meeting he made a motion to reconsider. He stated that motion was voted on by the Council and carried by a 3 to 2 vote. He stated that the Environmental Quality Board has to be notified of this request, and the Council cannot take action this eveni.ng. Councilwoman Bolkcom stated that everyone who was notified o ""' meeting will again be notified of the September 6 meeting. r�Tt•: � � � 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: (1j the pavemen in the access area immediateiy around tfie Ioading 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 feet on_center• (b) two groups of 5-2" caliper Hackberry pTahteci 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 October 1, 1994; j3) the petitioner shall submit phased improvement plan indica- ting the.time schedule for..imp ovement of the pavement,.repair of the fence, and additional � ndscaping along the south and east property lines by July 15, 994; (4) the petitioner shall submit a bond to.cover the cost. f the outdoor improveYnents for. Stipula-- tion Numbers 2 and 3 b July.15, 1994. The bond will be held by the City until all the mprovements are completed; and (5) a direc- tiona2 signage and vement marking plan should be submitted.by July 15, 1994, to efine loading dock access/areas. Signage and paving markirig:s ll be completed by August l, 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 submit 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 Council- woman orgenson. Upon a voice vote, all voting aye, Mayor Nee decl ed the motion carried unanimously. A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye,.and r Nee dec�ared 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 OE 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 o�� request. She stated that there was testimony given at,�he CommT sion meeting from a number of surrounding property-•�owners who were opposed to this variance. 2.30 FRIDLEY CITY COUNCIL MEETING OF JIINE 20. 1994 PAGE 36 Mr: Neal Hayford, 173 Hartma•n-Circle, stated that �he:was strongly .. oppos�d t.o_thi� variance. He-stated that the storage shed shou�ld not be�'bui�lt � in� the� front� y�•rd.• H�e. �s�afied. t�a�t�� if . i;t•��is �anoqed �a�way •� from. the property line:.to :meet t3�e f'iv�e� foot setback requirem�nt, . it would be visible ta those across the river and canoeists and boaters. He stated that the petitioner has one of the largest lots in the.area, there:is plent.y of rQOm to construct this shed, and he felt.there is��o hardship.. He stated that there were neighbors who were • at� the . meeting but 1-eft due to the late •hour. .. He sub-. mitted � a m�mo"randunt � to the�. �Council �lated � June -20 � from �property owners at 170 �and 185�Hartman Circle in opposition to this variance . • . . - . . . . MOTION by Councilman Schneide� 1994 from the property.owners . opposition •to. this •:va�riance... Upon a voice vote, al�l voting . carried unariimousl�y..: � ." - . . to receive the memo dated June 20, at 170 and 185 Hartman Circle in . Seconded. by. Councilwoman...Bolkcom. aye, Mayor Nee declared the motion� Dr. Dahl, the petiti�oner_, stated that this.structur:e is a sma11 stbrage shed,- 8"feet by 15 �feet: � He' stated �that he� is r-equesting the variance because he has'no other alternative. He stated that the structure will be completely screened and�totally ir�visible.- He felt that�the�location he chose�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 1ine. He presented a ✓� - letter from Mr. -Hove�, :Hydrologist, with the DNR. ��; Mr. Hovey � indicated in his letter that the DNR has`not typically'considered storage sheds as structures requiring setbacks if the are without Y, foundations, no grading is required for their placement, and the}� are 200 square feet or less in size. Dr. Dahl stated that if th� 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 five 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 o�.the residents o live on the river will have a need for a variance. He sta the DNR agrees that if the goals of the critical area.a..re met�;,;,..� � would consider supporting a variance if it is approved by the City. 2.31 � / � � FRIDLEY CITY COUNCIL MEETING OF JIINE 20, 1994 PAGE 37 He stated that this definitely is an odd lot, and there is nothing that could be built.behind the home. . Mayor Nee stated that the �etitioner pointed ou� that_he felt'the variance should be granted on the basis that the shape of the lot is unique and because the home is set so far bacic on the property. He stated that if the home was set back 35 feet, then this struc- ture could be placed in the back yard. Ms. Connie Lane, 173 Hartman Circle, stated that she is concerned about the DNR regulations. She felt that variances along 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:.screened, if this would be 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 designatiori,;:on their property. He felt that the key issue was if this shed,. was im 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 deqree incline.' MOTION by Councilwbman 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. �.� 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. ' recommended that the contra e award to them. 'x� 2.32 �— I � �� APPEALS COMMI$SION MEETING, JIINE 7, 1994 PAGE 11 3. CONSIDERATION OF VARIANCE REOUEST VAR #94�083��`BY"WAYNE"DAHL y;� .,�" . . , �:.fi . � Per Section 205.25.08.C.(1) of the Fridley Zoning Code, to reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to 0 feet; Per Section 205.04.05.B of the Fridley Zoning Code, to allow an accessory structure in the front yard; To allow the construction of an 8 foot by 15 foot storage shed on Lot 1, Block 2, Sandhurst Addition, the same being 177 Hartman Circle N.E. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading. of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:46 P.M. Ms. McPherson stated this property is located at the southwest corner of Hartman Circle. The property abuts the Mississippi River. The property is zoned R-1, Single Family Dwelling. Ms. McPherson stated the petitioner is proposing to construct a 15 foot by 8 foot storage building for the storage of lawn maintenance equipment. The City issued a stop work order for the storage building on May 20, 1994, when it was recorded that a building$_. � 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 overlookinq the Mississippi River from 40 feet to 0 feet i 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 the definition of bluffline which is "a point at which the average slope is 12% or greater", staff determined that while the structure is not set exactly on the bluffline requiring the zero f�ot setback, it is within 1.5 feet of the bluffline. Ms. McPherson stated the petitioner is proposing to eoristruct the storage building behind several arborvitae shrubs whichrdoes screeri the building from the street. The petitioner's home is set bac approximately 100 feet from Hartman Circle. The petitio°r'[" � ��"`� garage is located on the west side of the dwelling.,:-u�it °�The dwelling itself does encroach within the 40 fcsot setback at approximately 30-34 feet from the bluffline. 2.33 � � 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 reco7amends 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 the 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 dwelling structure" . 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 locating the building on the east or south sides of the dwelTing unit. In addition, there is room directly adjacent to the garage for the relocation of the building; however, a variance to the bluffline setback would still be needed. Ms. McPherson stated that in reviewing the City's records, the City has not received a previous request to ailow 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 recommencls approval of the variance request, staff recbmmends two stipulations: l. The peti�ioner 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 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 petitione-��o � enjoy the scenery of the river. � �. ��r��: 2.34 � � APPEALS COMMISSION MEETING, JIiNE 7, 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 Buildir�g Code for the State of Minnesota. However, the City af 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 lot 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. It 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 sguare 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. He has.l.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 fram Hartman Circle. Mr. DahZ 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 direetly 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, 2?e meets this requirement. The shed he is trying to build to brin� 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 from 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 roblem with �'�'� °� p planting a couple of other arborvit completely enclose the shed and make it totally invisible. -�� - _ .�,-.. . 2.35 l � APPEALS COMMISSION MEETING JONE 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 eery 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 were not taken into consideration with this option. This option would also require a variance. Mr. Dahl stated staff has also suggested relocating the shed to the east side of the house. �he 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 of 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 City 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 feet from the water. He then showed a photo of where he proposes.to put his shed and how it is:- totally invisible from the_river-itself.` He stated he has ieft 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 and 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 fro �" bluffline because of his previous variance request: �,:. 2.36 � � APPEALS COMMISSION MEETING JUNE 7 1994 PAGE 15 Mr. Dahl stated that, yes, he was aware of the bluffline.setback of 40 feet. Mr. Neal Hayford, li3 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 built 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, yet that has not been addressed in this variance request. If the shed was moved over five feet, it would be visible from 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 very few times in the lastJ 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 p.roperty. 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 �, e` DNR regulations and the Mississippi River Recreational Area `�`� `�'s'` 2.37 _, . � � APPEALS COMMISSION MEETING, JUNE 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. IIPON A VOICE VOTE,:ALI�`VOTING AYE, CHAIRPERSON SAVAGE DLCLARED THE MOTION CARRIED.IINANIMOIISLY. � Ms. Savage stated she had received a telephone call before coming °to the meeting from Alice Nelson, 149.Hartman Circle.. Ms. Nelson had not.rece.ived a notice but had heard about the variance request from neighbor.s. 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, � � ' _. } , �, �, '�.�obj ections �:;to, ° the � .variance request. . Ms. ` Savage read ;,this : lettei''" ` �to the Commission. f;:: MOTION by Ms. Beaulieu, seconded by Dr. Vos, to receive into the record the.;letter-dated June 7, 1994, from Sue Miskowic, 153 Hartman Circle. F�:- :IIPON A'VOICE VOTE,:ALL VOTING:AYE, CHAIRPERSON'SAVAGE DECLARED THE ' : MOTION CARRIED IINANIMOIISLY. " Mr. Dick Gjevre, 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, 180 Hartman Circle, stated she is,� opposed to the variance request. Mr. Dahl stated he would like to inaccuracies Mr. Hayford has-presented. a covenant for no accessory building 2.38 ,;� point out the,. mui - ; - Mr. Hayford t'alked about s in the Hartman Circle � � � APPEALS COMMISSION MEETING JUNE 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 already 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 along 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 MOTION CARRIED AND T$E PUBLIC 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 proper.ty 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. �.''�•.r_ - � ^. r ,. ,.-;�.. Ms. Beaulieu agreed with the denial. Regarding.eQnsistency, she has been on the Commission less years than the other four members, . � 2.39 � � APPEALS COMMISSION MEETING JUNE 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, to 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 Mississipp_i River from 40 feet to l.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 l� foot storage. shed on Lot 1, Block 2, Sandhurst Addi.tion, the same:being 177' Hartman Circle N.E. IIPON A VOICE VOTE, ALL VOTING AYS, CHAIRPERSON SAVAGE.DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on June 20, 1994. • ADJOURNMENT• MOTION by meeting. declared Commissio Ms. Beaulieu, seconded by Dr. Vos, to adjourn the Upon a voice vote, all voting aye, Chairp�erson Savage the motion carried and the June 7, 1994, Appeals n meeting adjourned at 10:05 p.m. Res ectfully s mitted, r �� C C�G� Ly e Saba Recording Secretary 2.40 -_ .� : '� ��; ^ •..�' � -,. . � �, C(TY OF FR[ DLEY I�Itll)LEl' MU\ICIPAI. C.F;NT[:R •(i4?I UNIVERSI"Cl' AV�. N_E. (�RIULEI', y1N �i�.�� • �(,I �I 571-;45U • FAX (61 �� 571-I?ti7 CITY COUNCIL ACTION TAKEN NOTICE Wayne Dahl. 177 Hartman Circle N.E. Fridley, MN 55432 Dear Mr. Dahl: June 27, 1994 0 On June 20,,1994, the Fridley City Counci]. 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 40 feet to 1.5 feet, and to allow an accessory structure in the fzont yard, all to allow the construction of an 8' x l5' storage- shed on Lot l, Block 2, Sandhurst Addition, generally.Iocated 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 2.41 , . . . :�-,_ , " . _ :: , � -A •y, f- �.a� ,J ' .. ,5:.:.G��, �4' '��•' � • , . .. _ . �i .M1� : + '� � + , /� t r . �,� � . . ` !� 4� bd ?r w :... ;�{ r i _ , - ��, "� i'Sf�.�' - �.i ��,�.1 � f r _ . - � �` .t � �a r.• .� +: . �.��, � . . r'�g �>;;' , � � ��y `. �:S . .. , � . .. � . � . . . . ��.� � .:y��. .�.�,,.a+�n?i�. . .-t'.�,� � '+f-.. .�F r�, � p - � ' ` _ l � ��~1 . ,� .�� + P• . � " , ,';t �7 1 ,p `� � R . � ' � . . " �4N�` �. 1 } t . .:.� �/' �Y•� . , '' ' � � � � ' �t ~'�� _1• - . . �'.r��',�- . � . � �,� � •,i.1� ' � . . . , : . . . •�i , v . . . . �� ' '_ ', ' � I . . ...G+�... r,:. i , . - .. . . . . � ' � . .. . . .. - � � - - - '�°-,,;��' , - -. .��. ,. _ , -- . ._ _ ;�=� _ �_ -.�' - � --��''"``��.: �_ _� � { - � � � � � . . � , ,•�;Y�, � � , - � r� � � � : o � . ' . !� �I.� z� - � " �Ki� - . �� w,-�: � �,� ` M� `!' �``�t� � r �f'�'`�`°� '�' �� f ..: � "" -Y � � ya" �1�' fs % r -. _ ; � �,�. '� �� ir `? ,: ' a . 3. , � r .�� .I ,s�� .;,� �r-f�-,� ,� � 11f �'�' +''.�`� .. �-rt�f 7�.�ft^ 'r,:7 1'^ � � ,.� -. . .1Hs ,,, _ ,� -t°"- � � .� -'. 1 . �iy.T�� y ��' -' * �f t: ' � 4ro�_. _ � ��-a� _ � ��.,�� . � x�' � �� f �r � � P + ,� . .. '� � 1, r , r+' .�` �. 1 _ ,-rr rr�,�. y��y�• . .:"�� . : �. i • l.r.--r� . ' „�f� -`�a r . ,��e- . `�1 ' , � T4 ��„� 'ln�f� '.. ..^, Y � \_ • v t . � - r � � � J�`l-'. � J . a,� - i'�� J _� , �4� ,, �,} . ,. • � -� _ , _ '.,� �-�t � ��,.. , �"` .-:,�._ , � � ' � � � °v <: ..� ' � �: ; I i. L�9 , - •�i � _ �-`��"t � �, ` . . 4 x�f�r ' ' - , � �'.! ,.. . _ . . . -.�� _ �� fi.., r?'.c. .. ' . � .. ��.Y,-' .."� . . .y ..F�r �, •�� . • .,�l, r,. � ,. � ,� ''.�.:`,-�'� ' " `� -t.X�.v�.- . �,`. � t . k A - �;,��,��r - � �. �-,- t � rc.sctit?.�i'�L"&`lrs.. , k�s::��cv,v�ie,iet�i�.'a.s,y.w.,..L.t..;.4s� cw.+�:_.�,..1��...:�..ttkudaFdemibc� -'�� -, ° YP,i;e!�iBer�+.�+z.�!�:� _........tf-. � r ... � � � : ; , r '. � ,'+i:s� �1',_t -- . . . � : a ��. " , ~ �.1 � `�`; �;� � �; � ' � .� `'. •` `., ` � � A `'f � �' , `�{,`� . � � �` �-1�� •'\�� .. .*`� ;• . �. . .• . .r- ��.� „ . � ��`'�w� � ��, ��. ,�, � ". � < 1'` � `� � � . . ♦ - ,�12� ��` ; � . . ,.- " „ .. .'+C?*�` � r � , � � 3:�•� .. �_ �\...w :.: ' s� �`.�'� :, ~ ' �;�tC`� � V � � � .• , . : �� ., � -' � .�. \ , �, c ��. , . � . #��. ..� �i,i_ ,.t�*�� r` ��c�. �`t � , _ � .,� L•� it,�'� ; � w +,, � �. -. : ��• � : ,�,� �\ . �. -{ ; "� � i ;' ` v � . ` � „ _ ,.,�t , +,at. " . p� ,.. a't .. � - a�, . . �.1 : ,.\ ,. . � ' �� _ ° ' c l }, . � �^ .A�� A` ti�� :•� � �� . . . ... ` . . . . - .�. . �,., t� c � , � . . ' �r ' \'� F\ � Z , � �`�. - � \ �. ��b�' �r� � . . . . �� . . . - �_ , � .� � ;�l_. ...%�'aen`''FW�* � ' � - . . �..+►�, i , . _ ,.�� . _ . .��. ., : .� � �t .-_ . _ ..-- -- --' ��'r� • � : . � . � _ . .— — �'_T.�.� _ -- . .. _ -. - . ----` - • wS�'�_ \ . . .. � . . _ _ - . .. ' . . . � g�� ss ` 4, . . . .. t t , - ,� ` ..,a .. , -;�; � . �. � � ,, i � ; � �:' �� r � � i 1 \ �s�'R 1 ' %1►I �, : f ' �- :`.� 't �\ i��i� �1i �rk Yd��`�'„t taw. �' � . L c�.,+:* tn+�,,,�� ak��'��' \�,.� � � +�`'`'.:0 - - �� ►,� ��` ak �f 'f �i '- � � � � 1 e�' � Iw., �� t ,+ � .ti� ,..i_ 1' ;� i �• *�.y��.�r�� .; �?t,:`^;-�'"��.`G�:i.+��f i��.,�' s��j . . ati. ,y«__/`� �[_. ��_ � _".�r�. . r`�"��1'�!:_ '•�.�i�S.-��M_�1:-:��''9...' i...�a'"t%.�r:• z�j • � �.rr k. ' .s':�pr 4 • �. ,� , � _ " *>' ' •'x. ��' � . " •. . � . .r�""', t °' �`i.,_� � + �, . �`{L_ 4 .�.�. +.: . .�' , � � � r ° � � , '_¢ •ii.� ';��'. . � r. � a . . . _ ., r . II r ,� � � � • •.. � :. � � ,i � . . - _ ,.. � !,�� ,pj ,Y �' : ��. �•: 4,� ��' ��.�.�! � C' . Y" � . +y,� Li ° � /, S � ♦ r� `K? t_ � �a� � • � � � Y` �,� . ,..t .� - . . .-...cr' Y +�-..� �'��l- . .- � . � �� - �.�fy.. , .�. � �+� i . . -� � , . � .�� '�' �"�i . a �• c: ° :,' . . '._ •.. . s . ' . s � . � ... .. _ .--n..,.c.. � - � . � '- � �`"'' -. �L. ��'"v" `� .' .. . . . . . . . . . " ' _ ` Y � _ . . , ` � � . . -� � . . � . . , ... , � . .. ' .. } ; . . . . .. . . . . � . 3 .��- d::_'; . _ - . * ' ' ;.,• "x fi.sx� �y' ' � � � �w'_ ' � . , . _ tr r . '_ -.... �''�.� P.'.��v.., ��r'.. - � ' - � � �*�, �' fg3 - ,�fa.�t 'r�, s: � .� �+ie..� "�� .`��r. �x. � - - sr `�r '` . * R t:.r d ' ; a'��.�i'5�7.'4+,'Aaw�+.r*` �� r : � `. r � . #c a,t, ?�sy�� ,Ii�i�„� ,��, : �.}� � � '. ... � � � _, a " '� + ± � { �x.�" s �,'d. "�i . "' °�4r� '4,y"�' � j8K 81- X �' �: . � � �' 1y :�t, � �.�. � A t r °> �7' � _ y ` i �r, �� t� .� y a � s�°�,�� e'j� I �' � 's �E � a � �� r� Y � `' S� r'�.w '�'a�,�`'�'�"��i@ ��r � s'� �; a, 1 i � ryrj�'� `t` '� 4 ��'{�^ �..`�. '�i � ` s a 9t"� •J � f .t` 8 � r :a wi,y s � M� . `�:.,� �'... ��`�T� . ��-MirJ�� '�-icl��s'4 � �� ..% . _ ..�h� �. ��8 .'��b' �... , ,- , r" -tr' �, .•S: ,r :�� .'t �. .. .r, � , � � +.r C : �a �� , , �' s.� � . y �� ',�'►��1 , + i �` , � , . r , �i ! . ',{ 4�q i . � , ,� � � , �, �r � ! ' ' �"� ' • , ! � a ' � ; ' 4 � �i ' � , , . . . , , . `1. ,�� r � :. . •' �,F �„� �, , I , � y :. ; � �" , . �i � ,I , , . . .. � �.� , r� : �x � � . ,.� � ' . ��' . •. � �' � � �r��r. _ . . 6 ,� ', j � , ♦��,�r � ,: , ''j�' j; ,/. � � . �� ' � / �� L �1/�" r t � � s `� � ;,, ., ' � , ,'r � yt �� t,��-' -•. _ �'� � ` - _ - � �/� /��. �� .. �� ' ��#�� :��:I , ._ ��' - t .� ' l,I��°/. . ) � ��. �. .� �i )� � . ��f i ' I • ;; -�J�� ''j.� J ". •':. . � I`,�'' E �r � .� �•�� . � � _ �� .� � �','� . . - . /'i s . < a � � F � :. , . � �f va � � „ ; ��I�� { � � � " �/' ,�'✓ � ,, 4 ��' � � .� ! s 1�� I� `. . , — . � , � . � � . , . ,, � • � , . ' �� i i� l�� • ,� . , �1 f �J ' �� • " i ,� �''�1�*.�. � � �. p �i�l� � � . _ " � � . �,• �. � ' �q ��; _ . � � � . .. . � �� ' � ��.�.. . I i��,� . ' . ✓'� . i� ', ' a� �"� � 1 ��' ,'� . •,�, `.'i� � �' r j: �� 1 • � _ i �u ^ � � . � \ � 1� � ,. � -.y"; .•�.d:'�i� 4 �"i�, , �. � 1,'� + 'Y�• � �i r, W ��.� r . _' .t tt ' i''.�I � `. '� r t. i 4 : yY`�. . 5• •�t�` 3i. d.� . 1 ;�1 , F 1 ' I �G�'}(r,` r , �s� . �.��}, � � �' ' f:'��'� I' , , r �rA �' r ;'�. ��! 1 r 7� �,nt " ' J ij. � _ �.! �.. `'i tt' I � �, , �� r � � 3= ` 4, �.� � I ` i +. I J ~'t' 1 � I r;,t , i. � a � F� �� i,�'r, ' � .1 � r� �`` �� r� 4 ��t,S "��i�t �� . IF%� �� i�i j� ' � �.� � � ,,. , � t r ' i. .�� ,� r. : , � i � � ��i Y Ij �� R.;' '> �s��k, ; r �i Fk � , �I ��'`�� y � i ( ` l,' ' . .'f�t�t -'j' 4.r �� r � � �� `�� , � . 4 , �� S �� , ��- � � ,i ��' �lI��V� ,�-,.,°r,�a _ -K �-t�. . � ,�•i�I� � ,:Y , r t � r � �4� I��.�`, I ,.�.,� . ,�a°t•i't �� , �! �i! Y i'`�. � �� .., ''+ ( , Vr�1, � ' (' � ' . �� . ' , �- ! , '.,� ��tl� I '' �'j � fi � n,�r',i�� }� I _..� ,� ; . � �� i � I �.. ;..p , '� ;v`` `' � i � ' 1 }, ��' �' � �� rF 1 � ! A �) � � �'�` � ,r�. �� r ' �� ;) �.� i �,`' �i1; ��.�� . � � z •� � , } � � � �� ; �. � � � � . � � i ��'� �� ' � �4� Y� �� .�4j� � . , � ,��, _ � � , � �;. � � � � ,;� � ,�, ��'• �� L�'r + � � ( ':�� !,h�••� �, �� .' � . -i • � ,�� 1 j �: � i c.. .� ` '. _ _ . 'Y. '' . , .s: ;V � .� �. � f `'.r ��i�� Si ' �' p: '. ' �'I � li�� Q �'� .�'� + i.� ' ( I..��', ! 1 s't � t '. � � � 'i� � �I : � . � i°' .�Sl��e�� . � ` /� �� ' � . i � ,� ., - , �, k . � r� r'� � �F � r[ . ��f4 '' - +i i; e +� ; � - , i . �,: � . '� ' �. t 1 � �� • '� t �i �rj � ; _ � .. � ��+�: �'. � � � rr ,';` � \ � i t ; ,1 � i ��fj Y ��'� '''t � �� I _ V�, � / r�` . . �. I �' I � y `�� Y �? . . . _ . _�S��I � 1 � 1�I � 'x' �'� '�t. � S � � � �,` � � �� .y}� ��,�'t - -'� ! � J-� -"�4t�� . � � i.{t. � �� ..r F _ . � ,f..• � � I ttt� 'er�' �� _ , � � . ,' 1 �� t �I �.'. �') 3r � _ + , ! '?�'�I _ �.� . ��,' Ar ( ..�1 w s� `f.. ��'� :,r� .^. ^ � ' h i�{ y' � ._ � i�� F� ��'� �g �.� Y.t . j, . � i. � ` ,�tty , a ' �, �_'. �Y �` � �� -� � t � 2� T � . E ' �r �� •' Y! z fj ' :� �Y€' ,i�t i,.,.� ,.. ��; ., �. �. �S �A l �•{ r ''1,. t �` . I. , ff�4 I�' , ..�. G� � �t;�� `l 3 �� . � C p -� � .'�'� ;} , ' ' � ' .:17 y�'. �. �1-. � 1 V � � ��Y,�� `i i t!�ji '�i J� ��. . { . � �''� ` ' i � I �� ?. t : � � �, r r (, E ' � � r ; R 1��` ' �� 1.�,R. r : +� �';. +'f" `� �'��.a . � I� , . 1 � �f , � 4 � � ' � d'.-u .' , - : � . ,., �. �� .- ^ .` � � �� 1�. .!` /r, p . ` . . • ,i °�' �� '� � ' � � `� �' r i'�,. « ''�` ,`",.z.. �� , �,,�, � � ��, , � ;.1 a�;r�_� .�,itia 4 .-. R .. . �c.. S . .. - , ' . � �} ✓.,t.) ': t`�� , ;��L:;`;y�' . ,, a. - � �� tt �� ,,t -.. �.�•� . . [ `'��{.ti J 7,� - �,j, . 5.�,� � a1.. + J ;�.. . . ��,y . • . .. � �� 1sA:.�� 1-. � ' . { .. 1'ti R �, � . , . ' '1 .F . `.. 1 .., y * ' ,v {�,� ". 7�� • ' ��{� .�"�'tI a : �1 1 � - , . ' � i �� - . . � J � . I ' . . . t i1 ,.� • '^ :� . . , . -- _ � .°i !Ir 4,� . 1 ,�,- _ . . ,` •� .. f`, • , . ,_ . ,�: , . ,.�'�''�'..✓°{' � � - ' �"�,•'-".. '� { , .'l c: ti . � .. Y - � � S-`•� %•w R•�� +' - �' �' „i: - . . -. , � . � C . 1 _ "4. . • . . .. �, ., r ` ? . � ' . . ' '.}. . , , .. . • - �..: . . . ., .t / . ., ' � � . . - ..., . . ' . . .'S��Y�� .. . � ' _ - _ . � . � � - � , >�I. .. � . � .-. - • - ,. �s� . f - . � � _. _ ' � � . � � . � . . , � , - � - � r��'�'-7 . 1 - j � � L ��— ��r - I � ! � ��/ � t ' �.�� c .�_ � � � 0 r �- y r. ,: � � �r 4Jc�� t�� 9'�� i .. < r " ; ✓:--�'� ;; o �, �`� �" `� �� Rt�:", ,�"�;,,a ; � — . �-,.. _��c� '- . :�,, ?�s . _ � j: � Y�t i..r f�':3�' � yl. r , • ''.. � , -` Re � �'`�� .1 � � ,�a ` . . � iJ -..� . �:��.r �t � y =,; ,+� ^ ` } . _ . . . \{ , .�/ r ^�� -:v�s +�.,¢.+ � - \� , � < ' ' ,ti'� . _'�"'�� • '�r' I - q� � H�' � �L u Y . . . % , `ti � `' — � . _ . _ �'.� . _ ., .. . . . . . . � J �' , .. . . � _ ^ > _ 7 . �`..� r � �` •�,y�i. j +t , 1 __ ` � � � e�r' � � �' 4 � �� e� � - .. '.�. �� . -� � �� ;' . _. ... --r�i _ _ � : - __. __ - _ �- a� �-.-�:_,.. _ � _ .-�."�' yw��+ �s � `_ _ . . :Rt � �''-`�`� �. s a. j ' ... - t� _- _ � �. �i-�_�i's � N �r_r t fi . " � e .�_ � �4S�ti` d, � i � ��_� � _� T��_ �. r"— � �. t � � -�-'�� i - -= . = ° - . �-� µ - � ; - ...,.:.-�-� , ti . ..� ;. � - � .. r. , f� � ��-j��'t{{{ ' � ' 9 "' i � �i',.�.;;' '�i ��; �^ ��f�`3 i7 � �`�llt�k }id t ': �� k 7'y�� ! `f:y� ��'./. �:Ye� 3'�. k �; „ �S � r. �, t ��.'"� • a'; � rs �:� % !i��..'..� .`�-� .+- °�� a . , ..�� . i 3t . I � "` ' = 1 . :; .., a= ,�s�__. _ ..} _ � � ��_.:. . �. � � _ M _�`-x-+, -� : �,�-�-�,,'.�:, ' �?.� � "" �. ." i,J:^�� ^�' 1 f � �.�,- �, �--�� ygi' �i � .. i�� ii r'i +;". 1�� Y I ��' .�� _ x - +w , 'i' -�• ' � � �. _ -, i3.= _ _ .. �a '' �. • . If Y�.r.t Y •' �.«• Y iWl,� • r 3,��. i . � _ ' � ' � M � i�r ' r�r. '��•�'A�, '�' ., . .n • } • w �' - � S ,` y ��~t , •p(' , . J . �' .� � . ' °yC�1�� ,.� �� • � �+1,'I✓�� , � i �� •.t. �. ••' , ..�s. . !, •.. � , � '��. ,r� :r �. 'S ,�l,•t � �•�t r� � „ Y T:r� e�') :� 7. �'V" � ••♦ . • _ ` J� i •� ' 4 > . ' � '�� S � �' •'i �. i Y °�: : t ' � '. Y'- • �� x , t�, � -� �} , � � � �,a�t . Y � R � y !i�. � � i, . I . ' . w. r .�j � ^v !71 n . � Y�,,� y?' y,��• .. , r . y_ � � t � . �e+`Z'`il� 4 4� ?, ' �'�'4�S `i•i''1�.: . ��,�` �r� . �,. 3 � A'. �g-'.� �1 .,ric� • �1 � �� .� � + `� �. •. ��/ �... � - �` � �, , . � • C� � �" .. , , . .. 1� . . . � . 3 .. y _ � - � �.,"' _ . . . : "r ,c . . _ _ - . I ` - . '"�- _ . • -- ' � _.nun� .�,- -��„�:�,:.. ;ti�f_. ..�—: -. - .. -- , . . . _ �+}.�a"=yti` . . � . � � _ ' .. —t:-��- '��I�IItI!�. . , � "� . . ' . . ' - _ f � � �� , . . , _ �.-� _ . ' • • :+ , �.� .;•'_. .,. " ' ( � . 1� ' ��' . . � � �'1��. . .. . � . _ . -. . .� . ._ ._.. � . � _ , ... . _.� � . . . � . .. _ . . . �� . _ . . .. . . . �� ` � 1 .... . — - � y� , �■ � -� ... .. ,�1� ' � � ' . � j� ' ' ♦• � ' •.n. ; '� . . �� ., _' "� . � ��, r . �� . . . �� -F " 4.•'�' � . = r�y : t "�r i z �y� q, i � s �'�r'S� :-� , . � �� ?; j$� 'e � tiy;t _ "��. ��•t'R6 A�x�� .'^nC ��...� , x . __-__` �:��. �f..r�9�� G1ny'� I�r z; - ..+rc�... - _ . �-_. w ' .� .`-- -;:.,a"'�r� . .----�wrr,,.. ,,��- —^__ ...,,.... r�s�".r ""�„"."... � �_ �� -�.a!�wr � ,,;`r..,r�yrr�.r„ ...,,�ca„�s�e,..!�Y*+^s+ L, � '�`. :`e"';�'�, �IG`�1�� W�� .,�.,� -. �+'*r'' ��r'9t� MwM", ..s v . . .. . .. > _ . ,r.�'_'�....,-d.,.Y° � . 'AMN e � ��5.--� _ *t �wadi�r �� y ; `A+► . . '. ,�f,�'.'�' ,�if� _�.3r�;:, j� �, 3� ,. ,, ` � p ' Sj�. �'� 'r�� •` . , � _ ��i:r— •F 7 i,,. m �:3 ;4� � . i .. � � I p aKf� rll� �� . _ «: 7' � ; . � " -/'�, " `"'�`6' � . • �{�i i � �'?0� � • - '. ,. � . y, � 1 •� "'t;�o'tk� aa, ,�dc�� s� : , 'f � � �.� � ��.1, j�� y''� i�� '��. ' }'�i� � \� �eT, *r 1i � �^� Iw , C ,. : ,. � y � �d`1: '�� . ; - �►�, . - ..� �� ;�`. _ . , , . , . J� ��` •� ,t � � . v . � . °� . � �, � „4' 1, � , r�� • T�� -� , �-i .i� � ,��✓� A - ,��-v ` `'�� .� j ,..� ,' y�� ' `, � , . , , � �:.f.�� ' ' . *�..�1 �}�1• M � , �� . .... �- �' � �1 r. . 'M��.. � � " � . �� ' . � _�' _ - . , ' � � . � .. ,/' �� • � f �i� y► •, � �� , z. �::' ��-��. � . .� • � +M � •.� . . _, - � ' . � . -�.,�'•. . . - /�, �. t' ,A ,•��'ii+ ' . I' f:-. /- � -ti� y Ii�`�, �► I ay^ � ►� � ' � , � � � ��.��f��`w� � ��,� .. - � � �� ' � ' �� . ' L ` 4. _ ~ _� / �'�-. . •b �� # . ., r. " - ./ ��' . f .. �... �, -�.�,: r�r .r' .. .., ,�%. "�� ,A . . .7�,',� i ' � ' ' � } .� : . . `� y'1� ' ,�� y .i , i+�.. ., , � , �it'�i�' ;r"'' .r � ' .. 1 . �7+�• � � • � , _ • . fi� i "1"'! i" . � �,,, -ti, � `_ , . ` `-� . r S.� _ - - , �' j� �+; _.�� ' _ ,. . �, �, . � , : ♦ �'" > • . � ��fif�• r� -. O�V� i . . . w,'! l.- ' ' , s,si. � y,��'9 ti, ^ � � ',� �� • � . �. L. . � 7� � � ��y f r.� .� .� , ' � � y� . , , ' � ��+ �.�a .. �� (��' � � ^ t , � , V � ' }/� f/� L w; th/� S� ' �� 1,' r y t � S • �w 'r'?` � �� . :�. . � . % "�: . � - ��p r�� - •'� . .,,�, �• .��. �- :�:..;;� � . , .�- �'.. �`►,:s`,��'�*-�+".yx".:i�-+'..c+K,� �' �-�?+-..". e— '_' : � r_ - �.. -t- : �.�� . � . �� • -. °��,' ' c�i � '^�«�^�Re-..,... � � �. . . . �. _ _ f .. �'-.�� Y , � ..ti -t : � a y1 - '�� ^'-'�s.�- 1.`� �' t1 ��Y� :..f � f . '��.Tr. � �i+. � `(iT � f � �'y�_s�r��.e+ " "� "y . 1 � T '7R�y' � D �� .a'�4'..' . . -ar� D✓�^a.- - .. , . -_ �. ^' -.A . �. � � �L! � , `,_�" _�c�-� t'u' ic.xss=�nY-'��.�c ��.i''di...fo ��rr.- � . ��f �� i,,'°� - - . '__�_�� - ^��'�,ti�."''��9 .i .. �1�� _ .� � . .��` , �' � � -�� - - .. . - .�� y_ —V. -�'. i -_. -. � �f .`'r . , r!- 5 � _ _��r -.r'i . -..1�„-^�,,:.,� �'"r _/ J . t'�" - - _ _ _ .- � � .. � . � i -�y _ - __ - - -- . . . :� r . . �, ,,. � ,� . - . .. . _ � I4 f � - • '. � . . � t .� , i �T . r — � _. v'� � ''�;'i. � -. " " '� ^- : %. l►:•. ;.�,�+1 �--• jti::, , � �. �; y : � .� j .Y . `` � . _ _ �. � / R I /I� � �1�i'y � y� ° _ ' . � � . t� � / � r � . . � � r-i �+' :. .�4��J j � /f S V � ` J � "�+l �r��.► J a � ` r � (' - , , � . f , � �� ' �/ : . / ; . r''-�`. � v � r '�� ... �.j - . � - . � . . � j � _� � . � � ✓ . ,� _ _ :t''S' •r •f '' _ � �`-" i y.:� y' 1�� :�'"3 ' � + ' - `_ _ . ' • � - � "�tl . rv � -a" � �� <F .. > .�� ,'�. � , .��\ ., ' �R � �Gtj'�4-•,-�_,. � ��v: .�s.`� • � � � � �. . � _. _. , . �� r � - `�C!' 1 .; x � - •�� . ' •� . . . �_ .. { , r iy^ i. -.' � T. - Fy ~'`:l� . � t � •a. w �'� . � •� ` ','• .� ^ �i , ; .a•= .6 . � `�r �'`. } ! _ �� .r+�� T � •'1' . � `� t'`��C�y,y_.c�''- , - . f. } M1� ��. • ,,,/ . �,,.y. �` .��'. ' �- L . , i � �.�,s.t i .. ; . - ,,,s��. 1,` .� ` �. � ' .l '� J'�� f.�� t�' , � � ` ^ � � '" r�.. .: � - . ..: . . � .s' � .,/6 �/�?� {. . s f � . :.�'.�_•i y'�.k'�� ,+`r��1*ly=�!�'�� `�� • _ , �� ` �' � � . - . _�L �-_ � �:.; i,! �, �cE'1i%.�i•�i'A� , ��Ye � • 'ti. y'. �' �; B � �•'.. � , i . . '� �� ^�,.-°�i�>s=•-a� K : �.ift { �.�r ^l y ,� �,�.t ,�i1. ^ ,' a;, Y;P�s�ti.�� ti "'M ��c�1' �i. ��F �� :i� \ nJ? . `; �- ja' t r " 7�,+y+"�'S'� ' v.�t" .. A�):�. � , ;.•.� -`_ �1Ti. �.M' .ifi �y x rf.-�-�. �y �s� t�. i: ` . -K �,5• . �� .� s � i9� < "'�_ ..'� l - _ .' �!� ��. "_�r, r �a.. '"� ' Y'�J_ 4. ! �','F '.yS- Vi�a `�M "♦ d _r `4��w�[ { . ' j. �'�� F,-.< J � 1'Pk. �� F :,�- Yv.F. -�:� � .i. ] Y� �t��., "�„ � ,�'�� s� � �;£i�,° n � , � � .. r.,,,3��E� _ . 3 • �' �S' . � � , p. �,y . . . 3"v. , �� '� . �G► • 'ti M� r� � � � :;= * + .`•� � �, - r �. �� . ��h �� ♦��'' t� E�. { `� ' � , . r x..,i�?' r R .l 'j�: •' �� ( * _ � . \ _ � � .. 1 : , , >, - , _ —. . � �- � i �q, r+� \�. i t� �„ � 1i� ' t . � . ' ' �' , . ! y •#\' y�"j� r�ysx � 'rXl , ,r'" �. . `. . .. . . -_ _ � � i �V�" ��'..jy' �*+1 • �,'l• �i `- � , . . � .- i. - .- � � r '�� `.. � ti:. � �:.i' �, �. � : , , , J�, •±'�'�'",." .�?$ :+ . _- ��; �,. . . \J, ,�, ,.. , - �r- �:�l:�, t: " � � . � .*y � �. ... �. y,r . . �' , ,;, � , . � _ , =�° . . � _ Y'it C , �' - �7 . a�. •. �'�°�'i; /:' Fy . ` �'� "'�'Rr.';a,'i. - , ( ' k �' _» 1� ' ^ ''�� , �' � ��y , '�. ;�, � ; • `.� � � •M _ , , • . ��; .� ,� - � . � r� � . . -�:+- - t .�,�f� r - _. � ' j '9 _-��" � �� ._.' °`..` `�` �� ' -�� b�_ -- -� - _� _� ��-....� �'�+�'+:(�'��-+s�°.y� , , . ^ . - _ F � l � if A )�� tijM , $ y , .. . 1 � : . '� . . V 7 �� y`: t\i4 s �� •.x �� t .. it tt e 'j�?`` � � .�'�f +[; � � z" � 1' • . � � y�, � S � � � , � *,�„ � ' � � �, . r ��t �,✓ � . �' , r, } , ` � +� . • � ' �r�74�`'� f�.� �x f,,;�,� '� -✓�'�-'� 1 5^ ` c � , .,% _ , � �Y ' , "."� .:.-`,��4�� ` , , � �. f� � -i -. - . . 1. . . - , • � lF� � � �' I � - ' .. -iJ . . '� , . •+ f,% � .,�'t � :r� � " . � � � . ; ,J . �, � , . � � «�f'�Y ; ;.� .. __ ,�t ,. � � • � £ , t' � � /? %� � ,•'Q _ ; ^' V . t i � . �'-! i �, � � _ , � � � Y � �� ' � t f�c r .f f, � , . ' t � . ,�, ,�,;y KL � {� ! ,.:�/ i�� / 'L�c?t• • Jt�- �� y�', , i gr� - t .�'-'� .�-". i� " �. � (�1 ,.p •c� t r I . . t i . � ,�� b' � w � / � . �` J 4=s � �� • /� � . SP.` / 1 �� s � � • � r/r �. � :, . ,1'. a*y� 4 _� C � 'h ('�.f =.�.' . r i t' �' :f i y � �� . �t � � ?�' i f ' �� .�,,', � ' , t' ` , e�i� // � + � ��Z �,��.�� Y� � * j �� J �� {`� �~ k��! i M��. ,• �}�� ,FA'� t :��,.'O� �'; x : f, ';, . 't �'k'f,�""''` r+ j �.r .� . � re��er � '`�.y ��INM{,� ✓/ � • P '� ' .�, � Y�. . � � �i'�� i �f� dl � � j � , _�� ti � �K d W,� �t ��i'.. Yx" . �,�� , � n � '�� ",�' E�(f�'� �� •i � �� .r t`r % � r � . . p#� � � �ng .t � S�. . �` �C h y t �� r: ry i i . ' r 1��f . � ar � ? 4�t .: *`r r � �t,�� i'.� . � .' ' , � � �� { �. t i �, �i�� • . {.' � < 1. � < ��°��'�-�� r �... r. , � � �I �� .f�^ �/.. f . , '^ , ,•�,L`I �1,.,F„y, �i 7i�M att r 5 � p.' . � f. . r t} ?S?.,7/ , ��./ { � i � • '. r 1 �° � _ i �.y,t � Na ; ts, }-�' > ! � j - • y � y , � T.� , - ,� . �� s ++ t .' ia� ,� t > l�c fz' t ��'* �� . �%�f:`�fc5 y x ' �� r . � �i . i �• r Cj 4 y,�' ' 'i ' � F 4,r ' yf � � -�,.t y�� • a , � a 7 � �' �� . »r' < � ��a' ..,�"�' + � 4! . ,r �`"-t'�' .:, ii',�. � ��'� � � , ' ,•, r Y r � ,� . � !�� r-'`,+ 1 :a� c. � . G . ' . . ��U �� .,� j'3"' . :,-r ;�>yp-� � -r �� •� ' ; .. 1� ''� ;� ' ( . ' � . . , i:�c 6•��Y•:'('� t�.4.�,�i1•/� . 1 .. i��,� . �� 1 . �.� "c.� �I�—_. �. • ,, ' �' �.c��yf��ip�r�': �_a.. -�'.2��i. �,� . 1 ,_ . , . �ti� ' � �' �,. i . �9 . r � � � � �� • , a�o � ti �,� � ' � 2 1 �. � ,' . r � ,-.� � � � yy . - .. . . � ��., '�Ffl�, � i ^. � q•' + , Fii r � � A �^ .y✓� �.; v� :.!it . . i • � . �fi" � �,�� J �r � . ' fs'�:�c�`� ,� xlt + '�� q��; r s� : s �ts � � : st �� :yy� '(�'� ��i�i'J�{�'�lI�I ' �Ar:�.! 1%�� s' . �l'.�� :i _ k._ �}- ' ilM' :� .t� . �- . o i' � �i!4:�+��{, � ' � �P , '�'c �5. E ; � '�� M 1� . �� 4 I1 � Y li�.. � , q'� s ;^, '� • v:i, { . (. t� , .f ,c . , � _i, � h r +t ��,� i �� A. � 4 ��`., � ' a <� '," fl'- _ e y� }. �' Ly k i �. , .. � : , , �x r�. ,F� . 'h: :'r� L °,. •��z t �� , �i,.� � I t; �"_ y ` �r,,. �� .�� ; �- , : �,� ��' .� • �,,�arr�.t , � _. � ,. , , � � �, y �X . i'-�` � ;i �, � �� ,+'�+` � jS l, _ ',� i - . T ��3 I�' � A � - �r� � l.�C ! Y, � ` �� t r i. - _ / �!_{ 1 lAli,� , .�,�. �i <li. i ,� -. 1�j ��.:�., L - t• 4 �� i �/ � U , . V`.; e.i-i. s � � �'�' . . _ _ , { .., J�' , � �. . � Y{ ,�. v ` � r 'e� . `,; � �,�1 �'t y� � � . i . '. � d ' . . �1 �; i+ t . $ s. �� '" � 'p ,,, � �t� t r'<<'n �Y� � � i�'��,� t R �i�t�ct� l{�'11�� ` �� 4 � t � (�� , � . ai j Y � . � � i ,�� 5�� 1�� 4i�j. � � ' y , . _ x � . ' C +Y - ' � +�F,��,� p a�� it . .�` . . �� lii., L _' . ry � �'� :�� r . ti �- � � � rt � ZsiS ; ,a S� � .i. •'`�'S71+�, r• .. � tt�� ,Y;�,�� 4'�� rt �l. �,�. , . . � � '{�, ��•,"-, 4 , . iy �'� _ . . ♦ � _ _ = � �I i`��S i'� .. . . � , t\-„�. �: .. +�Y.�• 0.;�. �' >`y'�' .�: . � � _ .,� `�N,.�`g; ,. ,}� F�. 1 S � � �.. " , , { 1 � � ,,�t�' :t�1�~�� . . ° -_ c �y. �: ' � i'"j . . � . �^�t� � `.t.i��F . . . .' '� - ) � �, x . Y . � . ♦ /I;/� _ r(. � _. . ! �".' �1 ♦\�� ''_ f E lTt � i ' . . . ' ! � .t�� ... � �s } � < � . . � - r � �{�.: : . � f .�` - �. � � � .e; .� . . ' • . q � t,��, , }� . � ! ,rf L .cj 3� '7 . + iy t �-' ,%-: �.' . �i' i , . —i —___V . - . . - . i . , . c � - � . . . . .. • ' . . . ' �F. _. .I f� �7 l�� fs: �t,;..: �r: ��rr- � ._ . + N �' t . � �I{ �,i. x # �=� . •I.� • ��ilj* ,� +.�' 'd ��a �'ar,�' � .. i ,�"�'�(-� �t [yy'�� r. � h . � � �� ` r , � �` � � �•��- �r' Z � , � � ' � ., �P !�i'1�suc� � �� t6�� . �•,` ry' i� � •.i✓. . ' � � 7 Y � �..� � e �� ; w ,�/ : . . . 1' 4 . r' :�s ,•�/e.r' � + � ." [ 1 #�°� �r� Ri� ��`, • •'c.� .�. �..i .!- �� j . yf , ; , ,�, �r '► � �,�,�� :� ;�,+�1� � " 1� ` , . , ' ' _. .+- { :: ' Y r � �,,>,. � � " . , r� +� . ,, y r � ''a �,`, �� ; �.�, •�; ,' .� . �yj. � ,:� . ,� � � _ ,, ,,,�; , . � �� ,��' �` .� � a _ . � Y : � , r� � `Y; �,� iif i �`�� • � `3�; r�,i(,<,.�� .� �?i` !� �. �� i,,� � • • �,aN-�+«-e �, " "'"' Sa'�..� `. � , � ♦ '�'��.Sfi./i ��}� � � ' . `. �, � i. . . _ ,. . � -v j, w► �- � �d', b { .� 5 _ +-� �.� X �, �� : ,� :;��;(., , %�t �},�p i�r� f .XY'�<i a S�/,i -! .A��r. � � _ �.# �, rr�:. _ . ... . ,. �r. :.+�� 1,.�/ � � . �t 'i S . .',.'� ��/� � ��1' . 4 �� f . I� � q�� '.! r �/ I..l � 7 . .� i � - � 1 • �.},� r�r � � ., •; � �• h ; ' ' . � . t� • . �. ,. y�� i • t 4 ��r y�✓'.st.Y�t�!•!� —j j + :�_ , , _�4 � � �t,' } xi�: � ' �. � �, � {�� :+� , ; �' � � . �. !!" ., �` .�+ �-. r � t � '� � � a, � . � , . 1 Q► < s�s-:, s �, � .� `�/1 j�, • � Ci � t � ry� • � . ��'„it'S , Y�� '� � �'1 �` ,.�'� Y �%`� y : , . , _ � �.i, � � •��, ��. ,- Mrg �} ,. I�'.�.. � ,. •• �!" '.. l'i• ')� 1 � � �, .?. '� � , � ♦ �+' r��:. {• . r ��,T1�� (� �/ f . r �.5..1� a; 1'�.. . 1 /I~ /_ r /Ij ��Y 'A' . . � X �, l.e . ,1.1 1 _ 1� .. . • . -_i.�_. �. . .. • �\ ' \ � ` � ! ;�; \ .._.; , , t t` � � { -... � r , � ," � _ � � i � � , , i ; S . y '\`�' � � t� y . ','9�_' �...'\\. . \. � � � � \ *� \��:�e 4,�'... �\ t \ \��! 1{�.�•:a' \.� \ . � . .\ �� "-M _ � � ; i �- ;, '."'� � hti* r\ 4 '�` \ �; �k`':a�� a .� , �e. \ \ •�� r �r i� ... �``. .� ! ' .. �.. �..ti`� ,� . c.. ♦ `y` � �ts ♦ � :.�"� �„�•, j?�.. �� _�t � • �. � � �` � M !`l. . � �� > ., � . .. i � �`a.;`- t�;'' �'. �}. \ �, .� • 1�\ t R ./ Y .� � Y � ;�`ti:. \,.� \ TZ.` . . . ` � " .`�A.`,. �:� t�\�� ..°F . �� '� . � � ��' '\� � �� Fyw� -`i�.1 � . ; � .,,�� w � :l � a; �' .� �� , ' ti � \�, 4�\ \; �Y ;�'� a .:, �� \:, � �. � i• f �' '' � �a', \�►`' `, � "+ ', � y � � . , \`i�� -� �;� ��;�� . ` , \, ` ` `� a, i�; . �'` 4�� \ 1 = �� .. . ,'�y�. 1 e . . . . � \1 t�r w�:> ..`y��"��•. ' -' .. , .. '�� . .. .. . M�„�;,i„�.... .. , � . .. . . . _ �.... , -..�w. . ro� . �'Zy . . . . . . ._ . � . . . . . . . . i \t• ',. _ i t�- . � � � >�� - � ` - -' � �. 4 . - . . , � ` � . rr . . _ . ..� �� , : : +' • �P ; � �� • � r �� ' � � ��'�. . ' �' \� � � . . � � \ \ � �r ..-� � � ��..' • .. � r� •��y \ i�. t � � ��1 } l , " . .� : Y � � - '��.� � a' R� � '_ � y� • � � t . _ ' ^� - — '-'.,,� �'34 . �. � �� t . .,r �. � ' �' '.',+: E' ° -: �1,�*'�' .. ,.�* "j' r ;, ��'� i S.'J . I ' l' ' Y � '� i"Syt�� J'' i /}.., �....�T `� +;4 �, � � �� r '1♦ ' +,� �I-� .'% �-�----��?�� ,..�`��. � .� <' �1' �!-� • ' tw! \ � <'i' . +.r ��„ ,+ ' i`'� � �:� `. l . . �� 1 � h / .. . _ `ti � .� •. �� -� f� S--r� � `�• �; `rs 'i� _ >�► � ''T �'� :`�t.�. � � ,• 4_ r � .�. , ,�. .i�, ,. . c _i. �.' � ' .�� w.�-"„sr .., v' +`'�� '\ '' _ � � � �' ? �i �Sj � . . , . � {fu,.`v. ;�`+rc+'t.. T r „� 'y f 7� � , � � �� w:.. . �....�::}, ,C;° �:.,� ��;,��'� j'' �.,�, •:' , -�> , � ,' ";�f : ,�; ;\ , <' . `!�� ' � � .: . �_ � � . f ,; �; �;.�:,r„• ,� .r..� .. � , , .� M . ' ' �%` \. �Y ,��ti! ' /: y�'. .. " ' � .�`,��I _ �v,`� �'1r� �� i �� ^� � ,iz � � �ss`�=� .-. vr� ` � � � , . �� .X --. ' -, '? =., "" ,�' ,��. J : -� —: � � - ..i. .r : � . - . . � f r : ��,F,.r;.+s�\ , .'C � j - . _. .. ' �� -'.��.ri-"::e -�i it • f: -YC,- . - Tr�� - �; ,� y"" �y j . _ � i � � , /" . \� .... --,,:.,,, <: , � ° ,R: _ �_ .` a ,`�.,C' �11��r''�'Yr . .. `4 r � '� ` A'.�� i � � { � � _. � �I r~ ' ' _ b':• •S �, � � • '/.' .�y �/ �' l•� ��^ � yi,� 9��• " , `, �� . - . . ` � � tr � `.b *� .�r _� ;� �... „° _'� \. -. i� t ` �:.. ` _.. � . � �ti `� � ai' Oi \ � _:� � • :� ��> � ,� . _ . -�� itia� �/ {. �- •� j1• �' �� >' . __ � ,` J Y � ; � _ ' � �� .� S":- �` � �._��'�t ;.��. y � �. , ��.*�`'�`c3"+' `�".s''t'�' f,°'( ',°,,�� w(� - � , � � .��A �,� . .�w*i�S . �= � ,k , . _ . c a�� . �' � � � �.r6 , yTl• / 1 ! . •�-' "'_�,/'i /< {` } . ` . ,=��. i � �� 1'� '- t . . y�av'E'�a.�- � .��. i �. ��r" �� /.��'" "� July 29, 1994 -� . -�✓ -� . ' I � � e�--u f. l We� the undersigned, ask you, the Cit'y Council and�the City of Fridley �� to deny variance request �94-08. A request for variance to build an �� `accessory building in the front'yard of 177'Hartman Circle and on, or near the bluffline. Rathe� than in a rear or side yard and outside the 40'. bluff setback, as recamnended. - • .. � ., , . � f Instead, we ask you to help us preserve the appearance of our neighborhoods and the river. While there are several storage buildings in the Hartman Circle neighborhood, none are placed on or near the bluff, nor are they in a front yard. t We ask you to uphold the guidelines set forth by the-Mississippi River Coordinating Cotm�ission in their comprehensive management plan-- Specifically those areas 40! in from the:bluffline� known as the bluff impact area. As property owners who live on, or near the river, we want the bluff i�act area to be protected and reservecl for river enhancing uses� as .reconmendec7. not for storage. � - We urge you to vote for coc�liance with the City Code and denial of the variance request submitted by Wayne♦Dahl at 177 Hartman Circle, Fridley,�NIl�i. k , .;: . :Name . , Address , ',?zc� ; ..., ��7 3�. �.. f .�•�•:�. C•►-�� F' 'd 1 . -, _ C;�:?R., ��:; � ,; �,-�_ / 7 3 ��h�r �.-- :� � � �� S Z��r,�"� �� . � --�`�� ` �� (�1 (-Ir��.��v�N ��ttaL� �'�i�r'r� .p�wl - . � �• , �` ' \ i�� a� -� �� _ � . � �. �.�� - . �� - �- ; ._� � � � � .�-a - ..�r�� a ��Jo,�� .�'dl � �1.,�:.,� � ,` � , � , , , , °�- _� � . �� %Gf�'�'r�� B.s'iY� .�,1�'�i�l�?� �z. ��1 �;.:, , :' �. .¢3� . . �,.. r v�(. . ' • I � 5 N� �`,.� �-w /hr✓ . I �L•<.�ncc,� `� �-c.. / �/ � /�p�E� %�1�'hJ C � 1�C �' Q ,�� j �u-�- i �i�.52� �" � �.�� 1_ -� � Ovcr r' � . AUGUST 4, 1994 TO: THE CITY OF FRIDLEY AND THE CITY COUNCIL �.70� c : 2:Vw �r� .c,�'� P .� aw-� �.:d1� AS PROPERTY OWNERS THAT LIVE ON THE MISSISSIPPI RIVER, ADJACENT TO THE RIVER, OR INDIVIDUALS INTERESTED IN THE PRESERVATION OF THE RIVER, WE ASK YOU TO PROTECT OUR RIGHTS BY PRESERVING THE RIVER AND RIVERBLUFF AREAS.: WE ASK THAT ONLY RIVER ENHANCING DEVELOPMENT BE APPROVED ALONG THE BLUFF AND WITHIIJ THE 40' BLUFF IMPACT AREA. WE ASK THAT IT BE LIMITED TO DEVELOPMENT THAT MAINTAINS AESTHETIC VIEWS AND DOES NOT HINDER THE NATURAL RESOURCES OF THE RIVER. FOLLOW THE GUIDELINES SET FORTH IN THE COMPREHENSIVE MANAGEMENT PLAN FOR THE RIVER. NAME - � / `� Y`"t.� ADDRESS � CG C..-..� � 1�- � Z �= � � � .-� � 1-1— i�� s . ��v �.-- .�,1 � � � �'d� ��,��` �� _- -� �"� ��,� - � �� . � 7 Z �� -� � .� � �=-� Y� l Gir� ��i' W• V c" 1�-�F `� l/t � j%��Mt_!7 �/,' �' �,' (� .` j • e �� .� �� -� � �� /��- ��,� , �%�'�;, �� - l��-�t �--- �� sz Ss �37� _, � ��Z� � � Cc% l �` � ��u�� S�� Z � . % Slj �,,.�� Gl�a � �-/�� y3�- ! 6� � a�k� �% :�°,��,�. �s��'z- !� � ��Q� CJ �-� � � 2.53 ,��`�'`'f�� Nf+�c� ��,� �1,�� l�/,�.�,<.� � . -'� �-j.�'�- ��1��,�G�'t� % � �. �� ---____--------.- r m �, � � -..J �� . , --�—� �R�� . � " f� c�d �e 5 S !�//, - ,`�/,(r;-/-�.C��f./ �� //� �� z�, c� �� /,�2L�� . _ r-. , �; ?�ov r�-1 �� .� T�e�l _._�__.__.. ------ , � I .�� 'd � ��' �c,� � --�� .�___._�_ �"-�._._r� � __.._..�.____,_.� ; r113� �; ver•! i P,uJ !� 1 eXYQ C� ! � `� 13 � - - �—.a�-2.v-�e 7��{ � (��(��ii 1�'i�t1 � 1'C /z%z�C� - --� ,----- , �� ' ' � �s��^ ;t'/�� "` 7 i,6 2 � J� I �,� � ��"o ��,��a�%Ew 7T�z�z. � L -j-� s �,- Sc � er �� C� �t �e� ✓� �c.� -teR2 /� � � _ � �� U � . '�� C.-� iY�✓ ro�l�� O t�J h �v S ��.�.�. o � �:.�� 2:� � ,� �� ■ � ■ 2 - �� r , 2 2 ----- ---- � � � � N� �t � �� .Q - .�►�� G�°' �,��,�,-,/,�,-�' - � � .�% ��rt S S � h� D , ��'IOG�� l �� !� q �' ;� • .�g� I� ��n �1� ; i � 7�� 6 ��Q �j � i n .� __ � 73� �z.�. .�. 1 7 � , ..�__._.__..� _ ._.� ��'�-`-� , � � � � 1 �f�� ! � 1 �� !�� Y � � �� s C.� Z' � ►yGr roPs-''f'N � J D t�v r1.t.r- S�r � at ! �� ..�..__ !��b �1,LSl�.�� ...�� _ � /1 / j // %� � � ��Q �j��V ) U� � �� t C� 1 " 6 � !` /�e�4-Y- � '11�Q ��/G✓yl�if,y /e�r�^ 2.55 y �c■ M AUGUST 4, 1994 TO: THE CITY OF FRIDLEY AND THE CITY COUNCIL AS PROPERTY OWNERS THAT LIVE ON THE MISSISSIPPI RIVER, ADJACENT TO THE RIVER, OR INDIVIDUALS INTERESTED IN THE PRESERVATION OF TNE RIVER, WE ASK YOU TO PROTECT OUR RIGHTS BY PRESERVING THE RIVER AND RIVERBLUFF AREAS.�• WE ASK THAT ONLY RIVER ENHANCING DEVELOPMENT BE APPROVED ALONG THE BLUFF AND WITHIN THE 40' BLUFF IMPACT AREA. WE ASK THAT IT BE LIMITED TO DEVELOPMENT THAT MAINTAINS AESTHETIC VIEWS AND DOES NOT HINDER THE NATURAL RESOURCES OF THE RIVER. FOLLOW THE GUIDELINES SET FORTH IN THE COMPREHENSIVE MANAGEMENT PLAN FOR THE RIVER. NAME .�'.��-�-�---,��.... �- _.`\ � � �--�.� , � ,�,� , �� .�..� �-�-� ��-�n�z � � 0�^� �, �rp �cil ilJ eI' �� . .�%�� f`�� 3 � �� ' � � /� • � �� / � ADDRESS �-C� U hl��J�`�` -----. U � ) �� G� �/v 2. d7�/ ,,►� � � /��..wM«r F.%'.elt � �� y3` ��-�s �� 1 � � ,�� -. �.� � �, 3/-/l y� Ne� ��,�,�-�T�;ti� /`�� 5�5 /1:� 1 Z 3 .-��., t�l' �.� �'i"-af � �~ � /'i��t . �.5��13 Z S7/ ��3 �/ (50o allov�laf>� �2�vL6?�, `�5�13Z �G �3�� ? �(-�U,t, RJ I- r�cl' ��Y 7 g5s ��-+ (�� -. �-1 . �. � ss z �.; � G a 1 l� � f�G e L� �c/ � `��/l� S' �t ��ri � �Q �J�C/� �C � ; �Y`,�',� , �� /� �30 /�'la�.� � .v. �. �,��;�, �'�'`� ��• . ��. �� 1� � '' 2.ss ° , �.. �� ,��-�..��'�, �7 � . � � . ,. � b�i.z f'�nl�� AUGUST 4, 1994 TO: THE CITY OF FRIDLEY AND THE CITY COUNCIL AS PROPERTY OWNERS THAT LIVE ON THE MISSISSIPPI RIVER, ADJACENT TO THE RIVER, OR INDIVIDUALS INTERESTED iN THE PRESERVATION OF THE RIVER. WE ASK YOU TO PROTECT OUR RIGHTS BY PRESERVING THE RIVER AND RIVERBLUFF AREAS.'. WE ASK THAT ONLY RIVER ENHANCING DEVELOPMENT BE APPROVED ALONG THE BLUFF AND WITHIN THE 40' BLUFF IMPACT AREA. WE ASK THAT IT BE LIMITED TO DEVELOPMENT THAT MAINTAINS AESTHETIC VIEWS AND DOES NOT HINDER THE NATURAL RESOURCES OF THE RIVER. FOLLOW THE GUIDELINES SET FORTH IN THE COMPREHENSIVE MANAGEMENT PLAN FOR THE RIVER. NAME � y tt►� J�u d�'c�, r'��Q� ]�.i�-�L�rvt c:c-v�.�c�� . -- i �� t-t� �� I A--� 4�'I .r.� / �� . �� 1oorS 4�tc. � i � v,�� u t-�,. ADDRESS I�+� �� N TA� �S`��-- c.�S' �� u� S r %C. «�, /V t- � % ��titC � �� t�c�.t,�� 1 /V J�v�`�.3 7 , � �� a ,� 1 � � . �:,� A.� �7 � M� �� b�dwNtrs' � 11' �� :�,� ,,t ✓ I� . �.. 13 �i f f i J5N � U� �f/ y.'a �/A'/�✓� ��v, � S 5�� %� � �o � �s�-� �1- ' `�.. � . �� _ -��_ . '��' _ �,�� 2�- `' ��1� , ; � ��3� ��.G`� .,�� -� � ��- �:�- �c,�, �^� �-) , � �, �.� . ��,�� W � c� c; ��-� �� , � ��-�— �� -� �J�/ �' � � �.sY � .� ��-� /�V�� if� - ��; . � . `�.5�"'�� i� �� .��,��, `]� � � �,ra�. Q.,,v.�,�. �t .L . � �-1� �. 2.57 �s5 �� 5��-3'Z. AUGUST 4, 1994 TO: THE CITY OF FRIDLEY AND THE CITY COUNCIL AS PROPERTY OWNERS THAT LIVE ON THE MISSISSIPPI RIVER, ADJACENT TO THE RIVER, OR INDIVIDUALS INTERESTED IN THE PRESERVATION OF THE RIVER, WE ASK YOU TO PROTECT OUR RIGHTS BY PRESERVING THE RIVER AND RIVERBLUFF AREAS. WE ASK THAT ONLY RIVER ENHANCING DEVELOPMENT BE APPROVED ALONG THE BLUFF AND WITHIN THE 40' BLUFF IMPACT AREA. WE ASK THAT IT BE LIMITED TO DEVELOPMENT THAT MAINTAiNS AESTHETIC VIEWS AND DOES NOT HINDER THE NATURAL RESOURCES OF THE RIVER. FOLLOW THE GUIDELINES SET FORTH IN THE COMPREHENSIVE MANAGEMENT PLAN FOR THE RIVER. NAME � � � � � _. ��'r'~O-- • .� , ��Ul,�- ti��' �� ..�� vl e`'7 �aNl�'` �.. �oo�w� . , �� `�� K � � � �G � � �C.� �� C� �� iyv�� rl�-- �� ,,�- .��.�' � ADDRESS .�3� �`�� • S- �T�Cr ssy�� o� �� s K�-u- �� Sf� �° s�/o� G � L� w � �-� ,�i.��,� l f j-�� (n��" a's1� L� - � � -�h.�l. �,sv`7� � ��: ��, :la% �-5�� ,Z i�0 .. f . �, � %/,� ,^,1 �� ' `� y ° S � � C�o�.�,a�-�, tC\1�- .�, /►'� , � � o �� s+-p.r.,i "5 �a� �i ��i � S ^-� j S"! l rP �� z�c �-�.��-- S-� _� �..sz. �� l c�t a;�e S� _n,�Cs ssq-1 � � �3�� v- ��i�� e . �- �(� l��'.->� ir �� ll � �e S�1"`� �SJ �� s-��°� �Ssv /nucr ��'orvc Tr /n �er �� So ; ��i' �ru,,,�,� �i� . �.t% %��,►.,Q, M� 5�-.� o �x�;a: ��. �'10'-{ �d r4✓e. S.� N(innea�o (� s, M�� 5�� 3 3 � ..5��.. �� ►4-� -�.� �z. �1��`� l�� vL+�,' s� �23 2.58 N.4 �'-t L �% �i�s /.��%'�/��,,'y � �._ �� . b � � ` . j-� � � _ ��a� . �Q c��rc S S c.�� Z:,� 3 6° 01 �� e�9 Cd�-�� i,� r� F��'�/G' /I�I,' �� /��` � � �� , �, ,��,�� ., LW N 1� � :i � ��. � u ; � � . l70 7 �� I `�/��% � _ ______ ___.__.---.- 1-- -- - —�� _— ,� S Ya 3.�� P r SQ h_r � V� � � ac� ' i 1 ��` 1(�'.-1+= (� � �--� ' i �.ot.� Q�c',.�ic�S � � /s� � �.J -� � � �, -� ��C� ,�i�w� � � - r � . � �' � - .-,- � .�.: � y.-- e�� 1 � �� --� �/�.. c� < �r� , � _,�'�� _ �_ �,_ ��-4. .----- - �77�� ; � 11 �:� ._.._ ._. __ ..._._ _._ ._ .._..__ W.�.__._..__�....� ___.�_ �> �, - � �)'\ G�i LLti� ., � _. _ . � _ _`�! v �, � -- ) . � � �1 �� a.� .� �-.�� -� ,,�- `� �� 2.59 1�� {�� 1��.�� ,, ,' �� ' �� _=� a\r� �,1. - .� � .� � . �� '/> > �. � -- i- �l - � � . %y!�-i��'� � h�_ � /1%f} l�'t �. �Qo�c�rc5 S �'� r� • _ / � .�- �-- � / � . / i; - i -� !, ' / � � J � : �� • p/��ic .�?5 6� _: �/ (o .(,G 0 � C ��. !G Z'� ..� ..L:. ' � ' � i. i / '� � ; � � /, , / � , • ,L�,,,.� � � / ' � � � Ij1 /�f S , � � '' � �I / � 1 . � i �� / , � / � � .� , �, � / � / � � � � �� , � �� ._._ 9z�_�-� -(��- _ � 6�S y i7 � s�- ��,w � � � �y i �/��.� �uJ ; ��1'k_�,- r�-, �I �tnz. �t ��,��,.� __. - ---- � o�ie.,� i � co �/ .� y 2.60 � � � � , � �� 5 �" �SS3�3 � , �� .��3 /��« �,� `�,�sy�� .�� .._.:�. �r I Ci ic,�� Vv'rv �`_��--f�o2 ---- -- -------- Nf+ �t �. k /,J/'l.�r, .�cKdre, �rakTT iQ c��re 5 S � �� raG' �Q''t `��.. /1� S-t/ :' lc/. t� • � �$ s� p%� �sT Ai E ;�/1 r o�� ..i'. ✓ � � U (v � M Q ✓1 r�c� %J' � �`✓!G�( � .. _y..Y..___._ ._.___._.___�__.�._�...._. _ , � ��•�� - ,�- . !L/ �!w /' / / ,. / �J� �C < <--�3i� �� r � i� / , , - L-- �: �//°.,,� �1 Z : �/1 �""'�ij Z 554�3-�--- 1 �S'S�-3 `' 3 ? �� ...�_ �'1� ' — ,�� .S�"�s� �'� � ��,, 'N� . �. - ' �/id -��!- -�--�� - . . � �/ . _. . -- - - .._ __._._ __._. . _ _ -- -- _ � `� !� 1��..� ...� �= �. �-�. _ .._ �_ ..._..- -- -._ ...�._. . �_. . .W_____.__` Q `''�`v ; � • � , - - > .. , , �;��'/.�� '��'l ��°�"/�!�� %�� 1'�� /�'/�! �� ,�� ., , �� — — ---- -- �� /� � r`� - . ` - - _ � �-� I � �, . s . � -- \_ - � ��l�G V� � =_�_ � �� v � � �Q _ i�. �t' `:��-�- •�i�y _ l� -- -�- 1 - -- � _� 2.61 N�+M� `E...' �% l V . �.,Q�� (,t.cc/� .Q o�d re 5 S / � � � � �`� C �� 3f��" _ . , - ,- - � � �6 � LL�c'� c,�Q a,l��'l �-�'�' !� �''�'Y' /Z Z:� �5�1Z� , � ?.� / 7 � �C2-�-. ��: �� :� f;� ��.s`•�. , �� '��.,j `� .S Y3 � � u�2 C� � � i /�� :J i — I � �. � � �1,L'�-� � � C� ��,�-�-- �'�� r f �' 0 � �4 �1 ��t�-�.� � �� ,��< <��7� �. I _ � �•� ��-s - � ,-� �" C� ��_ � �� s s� -, �� .� _ .�.�._�_ _.�.�..� _ -� � - , , ,- - �_ �I- �i ?� l ��( f 5 vF'�ia� i � �� `. � � 5 ; `� �� 3 - 3n..�S� �/� � �, ' _�. �zy3 �� c�_ 7 a_. /l�� • 1U� � - . ��.��c�-G .�� 44 .� .w.��.��.'.__...�'��.�.._..�� ...._.�� 2.62 , � ��-! � - --�� -- �, l Z � , __ �.,,�__ :: - -----------.. � _._- ` �J/ 7 //� N� �t �. .4d�%�s s /�U�J � ` / � fl.�j � �L� / - �J / %2. ! .=F s��I �-�/ '' '"-� 1 L /r�� '� �,t �f�-? -?�,1.�� -�-.1 �" % y . ��1.! st.. • �l� � �C�il�` •. , � �/�C � ,�� 9 � C _ ,� ; - ` % �.� , �Z.1-� �� j� . �� ., � � i �/ ,; ,�c..r%t j ti � I�':.. /lvO � �, �� r�.�� I / �2 �� _.� � � � � � ��iu �, ��,_ ' :� L/� c� 7 , � 'r, �„ 5 y ,�l �:^ , / - � � / G r`Jl ��1�G �,- f,1 0 _�i( r".�._L�..�7 � 1 _._.._ _..._.......�_....__,_.. �._..� + � � , C�� r. � ��1° i C` i-� �• n ,.� S i L �.,�-.�� 1;.. � y { �-t � l,, f-. ti, S��, �� o� i . i �� G�s� e�, s ti i �3 3 �l � � � � � � I ��,_-.�-- -.---� --_..______.__ --.-.--____._...�.___ _ 1 _�... __......_.w Z.s3 /3 e,� Z� � � iL !t !4� � ,.. ,,� ,.j- �l`=r�.-rt�1 �� y_-� >� 1r��LS �_ SS Ll U,�' �..- _ ��.r =�.. � _ � Community Development Department PLANIVING DIVISION City of Fridley DATE: September 15, 1994 FROM: William Burns, City Manager fi� :l� FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Second Reading of an Ordinance Approving a Vacation Request, SAV #94-02, by Forrest Harstad; 971 Hillwind Road N.E. The City Council approved the first reading of the ordinance vacating a portion of Hillwind Road at its August 15, 1994 meeting. Staff recommends that the City Council approve second reading and authorize publication of the attached ordinance vacating the turn-back property adjacent to Hillwind Road. NIl�I/dn M-94-536 � � �:> :��'� '�'�- �.�J])�:�2f:fL525s�1>3):):J:):i:)2�:�T1)��lI13.SZ>id�li>i3iH .� > - '�.ct<>�ic>��JUtiuuWtl3NSY12t2b:laSt12T1J1T2}25.'flwhli?t#utTUfNC>Va��><_� _ . _.>.u�. . ._...�.-�.. .0 .�. .....>.�..ci�:NU..•a.x. _ . .._a. . . �.....>.. ..�.�...�� ... . ...... ..... . .>.. .. . �.� ORDINANCE NO. AN ORDINANCE ONDER SECTION i2.07 OF THE CITY CHARTER TO VACATE STREET3 AND ALLEYS AND TO AMEND APPENDI% C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate that part of Lot 6, Lot 7, Lot 8, and Lot 9, all in Auditor's Subdivision No. 25 lying in the Southwest Quarter of Section 24, Township 30, Range 24, Anoka County, Minnesota, described as lying , between the following described LINE l and a line 40.00 feet northeasterly of and parallel with the following described LINE 3. LINE 1 is described as commencing at a point on the east line of Section 24, Township 30 North, Range 24 West, distant 181.30 feet north of the southeast corner thereof; thence run northwesterly at an angle of,78 degrees 39 minutes 45 seconds from said east section line (as measured from north to west) a distance of 4081.10 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds,a distance of 244.00 feet to the point of beginning of LINE 2 to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds a distance of 278.65 feet; thence deflect to the right at an angle of 25 degrees 44 minutes 00 seconds a distance of 980.13 feet and said LINE 2 there terminating; thence continuing northeasterly from the point of termination of said LINE 2 at an angle of 90 degrees 00 minutes 00 seconds to said LINE 2 a distance of 35.00 feet to the point of beginning of LINE 1 to be described;. thence southeasterly to a point distant 110.00 feet northeasterly of (as measured at right angies) a point on said LINE 2 distant 550.31 feet northwesterly of its point of beginning; thence southeasterly to a point distant 40.00 feet northeas�erly of (measured at right angles) a point on said LINE 2 distant 115.06 feet northwesterly of its point of beginning and said LINE 1 there terminating. LINE 3 is described as commencing at a point o the = �.=%:�. east line of Section 24, Township 30 North, ge ��'° 24 West, distant 181.30 feet north of the southeast corner thereof; thence run northwesteriy at an angle of 78 degrees 39 minutes 45 seconds from said 3A Page 2 - Ordinance No. east section line (as measured from north to west) a distance of 4081.10 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds a distance of 244.00 feet to the point of beginning of LINE 3 to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds a distance of 276.43 feet; thence deflect to the right at an angle of 25 degrees 46 minutes 30 seconds a distance of 980.17 feet and said LINE 3 there terminating. All lying in the South Half of Section 24, Township 30, Range 24, City of Fridley, County of Anoka, State of Minnesota. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLE� THIS DAY OF , 1994. WILLIAM J. NEE - MAYOR. , ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: June 20, 1994 First Reading: August 15, 1994 Second Reading: Publication: : : ��:� � r � _ � DATE: TO: Community Development Department PI.��NNING DIVISION City of Fridley September 15, 1994 � William Burns, City Manager �;� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real-Estate to be Surplus and Authorizing the Sale Thereof The City Charter requires that the sale of all public lands occur via ordinance. Staff has prepared for the City Council's -review and approval an ordinance to declare the vacated turn-back property adjacent to Hillwind Road excess �nd to authorize,its sale to Twin City Townhomes. This property wi�l be added to the condominium plat for the,construction of 48 condominium units. - . � � . . . : . � - . ..�. N �: The City Council approved the first reading of�the �ord�ance at its August 15, 1994 meeting. - - Staff recommends the City Council approve the second reading and order publication of the attached ordinance. Approval of-the second reading of an ordinance requires a 4/5 vote by the_City , Council. The City Attorney has prepared a deed for�the City Manager's signature. MM/dn M-94-537 L. � : ,�., . r ` �--�° _ _{ �'." ORDINANCE NO. AN ORDINANCE IINDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLOS AND AIITHORIZING THE SALL THEREOF The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: That part of Lot 6, Lot 7, Lot 8, and Lot 9, all in Auditor's Subdivision No. 25 lying in the Southwest Quarter of Section 24, Township 30, Range 24, Anoka County, Minnesota, described as lying between the following described LINE 1 and a line 40.00 feet northeasterly of and parallel with the following described LINE 3. LINE 1 is described as commencing at a point on the east line of Section 24, Township 30 North, Range 24 West, distant 181.30 feet north of the southeast corner thereof; thence run northwesterly at an angle of 78 degrees 39 minutes 45 seconds from said east section line (as measured from north to west)'�;: a distanee of 4081.10 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds a distance of 244.00 feet to the point of beginning of LINE 2 to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds a distance of 278.65 feet; thence deflect to the right at an angle of 25 degrees�44 minutes 00 seconds a distance of 980.13 feet and said LINE 2 there terminating; thence continuing northeasterly from the point of termination of said LINE 2 at an angle of 90 degrees 00 minutes 00 seconds to said LINE 2 a distance of 35.00 feet to the point of beginning of LINE 1 to be described; thence southeasterly to a point distant 110.00 feet northeasterly of (as measured at right angles) a point on said LINE 2 distant 550.31 feet northwesterly of its point of beginning; thence southeasterly to a point distant 40.00 feet northeasterly of (measured at right angles) a point on said LINE 2 distant 115.06 feet northwesterly of=�;.: its point of beginning and said LINE 1�there „�. terminating. _ . . Page 2 - Ordinance No. LINE 3 is described as commencing at a point on the east line of Section 24, Township 30 North, Range 24 West, distant 181.30 feet north of the southeast corner thereof; thence run northwesterly at an angle of 78 degrees 39 minutes 45 seconds £rom said east section line (as measured from north to west) a distance of 4081.10 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds a distance of 244.00 feet to the point of beginning of LINE 3 to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds a distance of.276.43 feet; thence deflect to the right at an angle of 25 degrees 46 minutes 30 seconds a distance of 980.17 feet and said LINE 3 there terminating. Al1 lying in the South Half of Section 24, Township 30, Range 24, City of Fridley, County of Anoka,: State of Minnesota. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into.a contract to sell said property. SECTION 3. The Mayor and City Clerk are hereby authorized to' sign the necessary contracts and deeds to affect the sale of said property. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAI�i A. CHAMPA, CITY CLERK First Reading: August 15, 1994 Second Reading: Publication: WILLIAM J. NEE - MAYOR � � �� . _ . .� Y�:' .�ih.�' *;p°i:.-::•):'_.' � f: . Y� r�� ..,S..p^. � > ��_. � _ � J Community Development Department � DIVISION City of Fridley DATE: September 15, 1994 /y,/ �,o TO: William Burns, City Manager � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Final Approval of Plat Request, P.S. #94-04, by Forrest Harstad of Twin City Townhomes; 97I Hillwind Road N.E. The City Council approved Resolution No. 66 - 1994 approving plat request, P.S. #94-04, Hillwind Townhomes, at its August 15, 1994 . meeting. None of the stipulations attached as Exhibit A have changed. Anoka County has<approved the detailed mylars, and they have been signed by the property-owners and are zead� for the Mayor's and City Clerk's signatures. Staff recommends that the City Council approve the final`plat of Hillwind Townhomes, and authorize the Mayor's signature. Appearing later in the agenda is an item approving the development agreement between the City and Twin City Townhomes. MM/dn M-94-558 `�- , ; :�,�,,; - ��- � RESOLUTION NO. 66 - 1994 � A RESOLIITION APPROVING PLAT, P.S. �94-04, HILLAIND TOWNHOMES WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #94-04, on May 18, 1994, and recommended approval with stipulations; and WHEREAS, the City Couneil also conducted a public hearing on the proposed Plat at their June 20, 1994 Council meeting and approved the Flat at their August 15, 1994 meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #94-04, Hillwind Townhomes, with stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the�Plat as prepared by R. E. Stransky Land Surveyors. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval�:, with become null and void. PASSED AND ADOPTEfl BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15TH DAY OF AUGUST, 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 5A WILLIAM J. NEE - MAYOR -;:;:�>, .. �� >. �_.: �::�- ;�. _.�.;. _: � Page 2- Resolution No. 66 - 1994 Exhibit A 1. The petitioner shall enter into and record against the property a development agreement with the City. The development agreement shall include and the petitioner shall comply with the following stipulations: A. A stop sign shall be placed at the intersection of the private drive with Fillmore Street. B. The grading/drainage/erosion control plan shall consider the stormwater from the Western Ridge Estates development to the south. Revised drainage calculations addressing the entire drainage area, including the units adjacent to Polk Street and Hillwind Road shall be submitted. The calculations shall be signed and stamped by a Registered Engineer. C. The petitioner shall obtain a permit from the Rice Creek Watershed District prior to the issuance of a building permit. The petitioner shall comply with the requirements of the district permit. D. The grading plan shall be amended to indicate the trees to be preserved in consultation with the City's planning staff. E. The petitioner shall pay a park dedication fee of $�50.00 per unit (48 units at.$750.00 equals $36,000) prior to the issuance of a building permit. - F. The landscape plan shall be revised to provide 15 six foot evergreen trees. Underground irrigation shall be provided along the R-1 property (5512 Fillmore Street). Ten 6' Black Hills Spruce trees shall be planted along the north lot line. G. The petitioner sha11 submit a letter of credit in the amount of 3% of the construction value, not to exceed $60,000, to cover the outdoor improvements. H. The utility lines shall be designed according to the City of Fridley Standards and requirements. The City shall inspect the construction of the utilities. A plan and profile drawing of the sanitary sewer shall be submitted. I. Based on the review of the submitted grading, drainage, �� and utility plans dated June 23, 1994, the following�� information shall be submitted. � : Page 3- Resolution No. 66 - 1994 (1) A rocked entry point will need to be installed for access during construction. Provide a detail of such on the plan. (2) Clearly show the water and sewer services for the buildings adjacent to Hillwind Road and Polk Street. Clearly note size and location of existing mains. (3) Modify the 15-inch RCP pond inlet so it directs the flow of water toward the pond outlet. Install rip-rap at the end of the 15-inch RCP. (4) Provide two complete sets of calculations and drawings. (5) Install concrete cross gutters and aprons at all driveway and street entrances. (6) Clearly note the location of all public easements on all drawings. � 2. The petitioner shall record a condominium declaration in compliance with State Statue 515A. The declaration shall include and the petitioner shall comply with the following. stipulations: A. The association shall be responsible for the plowing, maintenance, and repair of the private roads and driveways. The declaration shall permit emergency. vehicle acce�s. B. The driveway shall be signed "no parking" on,both sides. C. The association shall be responsible for the operation and maintenance and repair of the stormwater. � D. The association shall authorize the Public Works Department to flush the hydrants in accordance with City policies. E. The association shall be responsible for the maintenance and/or repair of landscaping. F. The condominium declaration shall include the layout of the project as submitted on the site plan dated June -�� 23, 1994. The declaration shall comply with the ��. ;�'V. requirements of Minnesota Statute Chapter 515�. '- 5C Page 4- Resolution No. 66 - 1994 G. The petitioner shall provide an easement for the right- of-way for the cul-de-sac at the end of Polk Street. Prior to requesting a building permit for the duplex at the end of Polk Street, the petitioner shall petition the City for construction of said cul-de-sac and assess costs to benefitting properties. 3. The condominium declaration shall require the association to repair and maintain the private utilities. 4. The petitioner shall execute and record access, maintenance, and repair easements against the development parcel and 5512 Fillmore Street to allow the resident at 5512 Fillmore Street to use the access drive. 5. The petitioner shall draft, for City Attorney review, and execute and record a hold harmless agreement indemnifying the City from liability for the private improvements as a result of work on the public sewer line. 6. The petitioner shall provide an easement for the r�ght-of- way for the cul-de-sac at the end of Polk Street. Prior to requesting a building permit for the duplex at the end of Polk Street, the petitioner shall petition the City for construction of said cul-de-sac and assess.costs to : benefitting properties. , 7. The condominium declaration shal.l include the layout of the project as submitted on the site plan dated June 23, 1994. The declaration shall comply with the requirements of Minnesota Statute.Chapter 515A. 8. Plat approval is subject to final approval by Anoka County of the detailed mylars. � ,. 5D �y. . _., , _, .. �::,.�. '��, � _ � � Community Development Department PLA►�JIVING DIVISION City of Fridley DATE: September 15, 1994 2, p�7 TO: William Burns, City Manager A�m Fl` FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Approval of Development Agreement with Twin City Townhomes The development agreement between the City of Fridley and Twin City Townhomes has been drafted to insure that the stipulations adopted with Resolution No. 66 - 1994 are completed. The City Attorney drafted the attachecl agreement. The developer has reviewed the document and is in agreement with its terms. Staff recommends that the City Council approve the development agreement and authorize the Mayor to sign it. MM/dn M-94-559 _-�-, `��,.� .�,;� 0 612 780 1777 SEP 15 '94 ��69 BAR�IA GUZY & STEFFENGER D�VELpPMEN'.� AGREk;MENT P.2 TYTIS AGREEMEN'�, made this day of ��g�� be�ween the City af Fridley, acting by ar�d thraugh its�Mayor and City Manager (hexeina�ter called the ��City��) ; a,nd Twin Czty Towr�honzes, Tnc. (hereinafter called the '�Deveioper�f ) . . � WFiLREA$, �he .Developer has made applic�ta.on ta �he City Council far the apprpval of a plat af land w�.�hin the aorporate limits of the Ci�y descx-ibed as Follows: (the ►�5ubdi�risian�� ) ; and � WHER�AS, the G�:ty �ouncil, by ordinance ,� , adopted �, 1994, g�anted Developer's rezaning�rec�uest for a partiore af t�e prqperty,: to allcrw" him to construct.:�48 -toi�"nhames :c�r►' �, the sabdi.vision on the conditivn t.hat the subd�vision is deve�.aped accarda.ng to tha site plan, dated June �3�, 1994, a.ncor�sora�ed here�n by refer�nce; and - - �� WxEREAS, �ha�city Council, bY ordinanae #_.: .�adapted � , x994, has granted approval �o the Subda�v3.sian an . t,he aoridi.tion that the Deve�bp�r �nter intt� this agre�men�. btOW, THER�F4RE, in cor�sideration of the faregozng� -��nd of the mutual promises �nd conditians h�reinaPter cantained, �:� is hereby.aqreed as fo�.lows: � 1. Imx�ravements, In accardance with �he policies and � � �:.. ardinanc�s af tl�e City, -�h� following dESCribed- impravemen�s ��-. (hereina��er col,lectively called the "imprav'emen�s"}, sh�li be � 612 780 1777 SEP 15 '94 �8�05 BA�NA GUZY & STEFFENGER P.3 constructed by the bevelop�r and installed according ta the site plan, da�ed June 23, 1994, and accarding ta the terms and � coriditions hereinaPter set forth: (a) A stap sign shali be placed �t the intersection aP t�he privatE drive with FilZmare Street. � (b) The watex line shall be designed and installed according to the City�s standards and� requirements. The Gity sha31 inspect �he construct�on of the utilities. •. (c) Th� sanit�ry sewer lines shall be designed and insta�led accarding t� the Ci�y�s st�ndards and requirements. A p2an and pr�file dxaw3ng of: the sanitary sew�r shail be submitted priar to cons�ruction. (d) A rock-entry point 'shall:. be installed'�an'�the ' sa.teY for access during �onstructxan. Developer shall pravid� a detaal of such on the p�.an. � (e} The Dev�loper sha13 modify �he 15-inch RCP po�d -' inl.et so it directs the f�.vw of water towards the� pand au�let. The Develaper shall alsd insta].i rip-rap at the end �f tha 15-inch RCP. (f) �'h� Develaper shall install concrete eross gutters and aprons at all. dri�reway and straet entarances. (g) U'ndergraund irrigation shall be provided�aiong the R1 property (5512 Fiilmor� Street} : �j -.;=�, A �� _u� �J� � � 612 780 1;�7 SEP 15 '94 08�1� BARNA GUZY & STEFFENGER P.4 2• ��• Zn accordance with the palicie��anti ordin�nces �nd requax�m�nts of the Ci,t�', the iollowing describ�d p7.�hs sh�ll be provided by I7e,trelaper �or appravai by �he City prxc�r to �Me cammencement of any construction_ (a) Two camp3ete aEts of the calcula�ions and gradinq/drainage/erosion control/util'ity plans (the "grading plan"j shall be submi.tted to the Gity �rith the fol3pwing revisions: i�-) Th� qradinq plan shall pravide far and Considex- tha storm water frvm t�he W�stern Ridge Estate to the south. The Developer sha21 r�vise the drainage calcu2a�i.ans to address the entire drainage area,, ineluding the units adjacent ta Palk Street �nd Hillwind Road, which sha11 be su%mi.t'ted ==for `�� appr�va,l by the Cz�y. The calculatians shai].` ias siqn�d, and stamp�d by a registered . engineer. _ °; - (2) The grading p].an shall be amended ta indicate th� tre�s to be preserved i� cansult�,tion with th� City's p].�nning staff. � . (3) Th� grading plan shall pravide detail.of the rocked entry paint which will be i.r�stailed by D�ve3oper for access during const�'uGtion. (4) The grad�.ng plan shal.l clear7.y "show the water�, :� • and ser�er services far the buildings: ad3a� ��t �� ± -3- �•1� 612 780 1777 SEP 1� '9� �J8�1H BARftIA GUZY & STEFFENGER P.S to Hi].lw�nd Raad and Po1k Street.and shall note the size ar�d location of �he existincl mains. ( 5 j The gradi.ng plan sha17. provide far tlie � mod�ficatian of the i5-117ch RCP por�d i�3,et sa : it dzr�cts the fio�r ai the water toward the pand�outle�. The grading plan sha,�.l also provide for �he installat�.vn of�rip�rap at the end of the 15-inch RCP. �. � (6) The grading p2an shall provide €or the in�tallation af concrete cross gu�ters•and aprons at all driveway.and str�et entranEes: t7j The qxading plan �ha].1 be modified�ta �leax�y note the l.ocation of a31 gub7.i.c easemen�s. (b) The �.andscape plan shall be revised tc prvvide 3.5 -� six-foot Evergreen �rees; 1O six-foat��b.lack spruce trees sha}.1 aisa be planted along the�riar�h lot �. in� . � 3. Pa�k I�edica. ion. In accordance with .the pa�.�.cies and. ardinances of the Ci�y, the Developer shall pay�a park dedicat�an �e� at $�so.00 �er ur�it (a�s uri3��s at ��o.ao equ�ls �.$3:6,dQ0.00�, �rior �a the i�suance of a� building permit. �� 4. Letter of Credit. Yn acco�dance with the��policies and ordinances of the Ci.ty, the Developer shall submit a letter of' credi� appraved by the City in �th� amoun� of three�percen� {3�) - �� - �;� of the construction tra�ue (not �o exceed $60, ODO. Op) for� the �"� � -4- . � 612 780 1777 SEF 15 '94 a8�11 BARMA GUZY & STEFFENGER P.6 purpase af�gu�ranteeing the comp2etion of �he cans�ruction of � autdoar improvements. 5.- Permits. The Deve3Qper shall ab�ain a permit from the Rice Creek Wa�e��ed District prior ta the issuanc� of a buildi�g permit: The.�eveiaper shall comply with a13 requiremerits of �the dis�rict pex�tit. 6. �`�.nal Plat An�roval. mhe City �.grees ta give. Pinal� approval and sha�.l sign t,he final plat aP the subdiv�.s�.on upon exeGUtion and delivery af this agr�ement, and approval of•the plat b�r the coun'�y �d af aIl required petitions, bor�ds and securi�y�.. 7. . Citv Appr4� I. Th� DevEloper agrees �hat � a.� wi1.1 nat file w�,�h �h� cai�xYty x�corder any sales or xenta�. d�u�aents, nax sha�.l Developer c�use ta b� occup�.ed, any premises: con�tructect� �on � the development or wifi,�in the ' develapmen� , until. the City` has approved the�constructian of �he impravements covered by this D�velapm�nt �igre�ment, the app�icable building code�, and ather applicable gove�zu�►en� regulations �nd has issued a Ce��lficate of Occupancy, unless the City has:aqxeed in writing.to w�,iv� �his�� rec�aixement � as to speo.ific premises. 8. Street Clean un. After the oaris�ruction is comp],e'��, the b�ueloper sha11 clear all saxl, earth, or debris frQm��he s�ree�s �r�d storm sew�x and fram the la�s within tlxe deve3opment resulting fram any eonstrua�ion on the larid withir� the � de,cr�lopment by th� Develaper, its SLICC�SSOZ'S or ass.igns. �-��. �° r-h,�.� ;�:�. 9. Cul--de-sac Easemen�. Developer shall pravide»�the Cit� -5- sE 612 780 .1777 SEF 15 ' 94 �8 � 11 Bf�2NA GUZY & STE�'FENGER P.7 with ��ie rzght-of-way ahd roa.dway �asement for �he�future cul-d�- sac, which wiil servic� D�velaper's proper�y aff vf Pal.k Stre�t. 10. �Sev�rabil�,t�. Zf any� portinn, section, subsection, sentence, clause, paragraph, or phrase af this �ont�act is f�r ahy reason held to be invalid, i17.ega1 or urienforoeabZe by a COUrt of campetent juzisdiction, such d�cision $hall riot invalid.�te ox re.nder unenforceabl� any ather provisians af thi� con�ract, anc� the remaining pravisions of this contract shall r�ot in �ny way be affected or impaired. 11, Re�ort�,ina. �`he Develaper agrees th�t this Deve�apment Agreem�nt sha11 be recorded by the City in the office a� the . County�Recorder for Anoka County, and further �gree that the terms �rid pravisions �f this agree�nent sha11 be a caver�ant on a.ny anc] al�.�deeds relative to the development incl.uded in the . deve�opment. �;.- �; ,, � 12. .Leg Pr_aceedinc�s. �n addition ta the fo�:egainq, the City may institute�any proper action of proceeding at law ox at ecluity to abate violatian of this Develapment Agreem�nt, or �o prevent use or occupancy of the proposed dwelli.ngs. 13. Bindinq Effect. The terms and provisians hereof shall be b;tnding upan and iriure to ti�e benefit of th� hei�rs, represen��tives, successors and assigns o� the parties hereto and shall be binding upon a13 iuture 4wners of al.l ar an��part of the subdiv�.sion, and shaZl ba deemed cov�nants running w�th the land. ReEerence in this dacuaaent to the Developer, if there be�mare �,, `" ru`�.�- than ane, shall mean each and all af them. This agr�emEnt, at`�� L•ll� 0 612 780 1777 SEP 15 '94 �8=12 $ARMA G��ZY & STEF�ENGER P.$ the aptz4n of the City, shail be placed of recard So �s to qive� notiee o� this agreement tv subsequent purchas�rs and � �ncum�rances a� all or any part of the subdivisian. All r�cording fees, ii any, shall be paid by the Developer. Z4. �uacessors and Assi,gns. It is hereby agreed by and be_twe�n the parties hereto tha� the Develapment Agreem��t h�rein coritained sha11 be binding upan and inure ta.the b�nefit of the parties r�spactive leqal representat�ves, succe�sors� he.irs and. assi�ns. . SIGNE� AND EXECUTED by the parties h�reta�on t�is day �� , 1994. A�,"1'EST: City C�erk �7` 6G GITY bF FRTOLEY � By: - Wzlliam J. N�e;� Ma�or s` . �:, _ 'T'WIN CI'i'X �tQWNHdMES, TNC. 8y: � �'orrest �K. Harstad , ' Vice Presic�en�JCEO : � � , m : �:, K � 612 78D 1777 SEP 15 'S4 88=12 BARNA GUZY � STEFFENGER . STATE OF MINNESQTA) ) ss. GOUNTY dF ANOKA ) P.9 This .instxta,ment was aoknowledged befare me this day o� , 1994 by Wi13.iam J. Nee, Mayor, in and Por the C�.ty of Fx`idley, Minnesota, � palitical subdivision of the State of Minnesota, an behalf of said Ca.ty. Notary Public STATE OF M�NNES(?TA) ) ss . COUNTY OF. . ) This a.nstrumen� was acknowledged be�ore me this: � day of � , X994 by Forrest K. Harstad, the V�.ce Pres�.dent/C�O, an behalf of Twin City Townhomes, Inc., �he Develope�. � f:�carp�gvh�fridiey\develop.agr {9/�4J34) -8- �1■I Natary publzc �� . ,'.: CITY OF FRIDLEY PLANNING COMMISSION MEETING, AIIGUST 24, 1994 CALL TO ORDER: Chairperson Newman called the August 24, 1994, Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Members Absent: Dave Newman, Dave Kondrick, LeRoy Oquist, Dean Saba Diane Savage, Brad Sielaff, Connie Modig Others Present: Scott Hickok, Planning Coordinator Donald and Carol Dickison, Custom Mechanical Lisa and Doug LeMay, Family Animal Hospital Bob Steiner, Essewee IW�7 Company Tom LaNasa, Essewee IWV Company Gary Macie3, Quality Cleaning Inc. APPROVAL OF AUGUST 10 1994 PLANNING COMMISSiON MINUTES: MOTION by Mr. Saba, s8conded by Mr. Oquist, to approve.the August 10, 1994, Planning Commission minutes as written. IIPON A VOICE VOTE,� ALL VOTTNG AYE, CHAIRPERSON NEWMAN'DBGLARED � THE MOTION CARRIED IINANIMOIISLY. � - l. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #94-09, BY GARY MACIEJ: Pursuant to stipulation #1 of a previous special use permit request, SP #88-12, specifically the stipulation which states: "The petitioner agrees that any future re-use of. the building is subject to finding, through the special use permit process, that the re-use would be compatible with the surrounding neighborhood." The request would allow•the building to be occupied by a cleaning service. The request is for Lots 27 and 28, Block 12, Hyde Park Addition, the same being 5973 - 3rd Street N.E. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE,.CHAIRPER80N NEWMAN/DECLARED TAE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT��`I:35 P.M. �� Mr. Hickok stated the special use request is by Gary Maciej and'!�"�� Donald Dickison. Mr. Dickison is the owner of the~r'complex at 5973 Third Street N.E at the corner of the intersection of 3rd 7 PLANNING COMMISSION MEETING AIIGUST 24 1994 PAGE 2 Street and 60th Avenue. The request is to allow the re-use of the property for a commercial enterprise in the S-1, Hyde Park Neighborhood District, which requires that all non-residential uses revert back to single family dwellings. Mr. Hickok stated, in 1978, the City rezoned the property bordered by 61st on the north, University Avenue on the east, 57th Avenue on the south, and Main Street on the west. This district was designed around an ordinance that was finally adopted in 1978 that spoke to the existing uses in the district. There was a mix of single family residential, some multi-family residential, and four commercial uses. The ordinance was drafted in a way that did not have provisions for a special use permit; therefore, staff had to evaluate how to handle this analysis. There were a series of special use permit requests in 1985, 1987, and two in 1988. In 1988, Mr. Dickison purchased the building for a mechanical contracting office. There was much discussion at that time. The minutes of the City Council and Planning Commission meetings from that time are provided for the members' information. There was much discussion at that time about the intent of the ordinance. The S-1 district stated the primary purpose for that district is: . 1. To change the present "legal non-conforming use" status of the residential dwelling in the neighborhood'to a "conforming use" status. 2. To re-establish the residential character of the neighborhood. 3. To protect the property rights of all present land owners as much as possible while promoting the residential development of the neighborhood. 4. To establish a zoning mechanism for the neighborhood that will encourage residential investment and development in Hyde Park. Mr. Hickok stated the special use request was reviewed with some difficulty because the text does not clearly state that a special use permit is appropriate for this district. Staff asked the city attorney to review and provide feedback with the direction staff could go with this request. The staff report indicates three alternatives for solution to this request: 1. The City could table action on the item pending amendment of the S-1 district to include special use permit provisions for the re-use of the commercial entities such as Custont°� ..;-.st. Mechanical. 7A PLANNING COMMISSION MEETING, AIIGIIST 24, 1994 PAGE 3 2. The City could deny the request based on the intent of the ordinance to re-estabZish the residential character of the neighborhood. 3. The City could approve a special use permit based on the 1988 Custom Mechanical stipulation requiring a special use permit for any re-use of the building to assure compatibility with the surrounding neighborhood. Mr. Hickok stated, in discussion with the attorney, he indicated that these three options are the choices of course of action that the City could take. Based on the discussion, staff would like to point out that this is the opportunity for the Commission to allow this district.to revert back to residential. This would mean denial of the request and the site could be re-used as a � residential site. Re-use of this building is for a,�leaning business and a computer typing and graphic business. The impact would be the same if not less than Custom Mechanical. Mr. Hickok stated the site borders the western edge of University Avenue and there is a sZip ramp at 60th Avenue for southbound traffic to exit from University Avenue. The site involves the property owned by Mr. Dickison and some adjacent property to the north which is leased from the City which is also being considered. In 1988 when Mr. Dickison applied for the special use permit, a number of stipulations were included. The building was cleaned up in the process, there was new curb and gutter around the perimeter of the parking lot, there were stipulations regarding parking on site, and there were specific requirements for landscaping. If the lot were to return to single family use, there would be a 13,000 sguare foot lot. Another option would be to reroute the slip ramp so their could be two single family lots in this area. The ramp was provided for traffic to come into the area without going through a residential neighborhood. Mr. Oquist stated in the recommendations state staff will provide an update of the city attorney's opinion and a recommendation. Mr. Hickok stated the city attorney's opinion was that staff were right on target with the three options. Staff's recommendation is to tell you that, if it your wish to return this area back to a residential district, this is the timz to do so. Mr. Newman asked if staff had talked to the attorney about the second option and what the consequences are if we do that. Mr. Hickok stated he did not. A written opinion will be ��£=. requested. There would be consequences with denial of the ��- _, special use permit. It�was administrative policy in reviewinq`��°- the minutes that concluded with the.granting of a�special use permit of this area. If Commission's and City Council wish for : PLANNING COMMISBION MEETING, AUGUST 24, 1994 PAGE 4 this to continue, the City Attorney would recommend modifying the code accordingly. Mr. Newman stated it seems the intent was that commercial use would continue as long as they did not intensify the use. In 1988, the stipulations requested the owner make improvements to the property which the petitioner has done. It seems there would be problems now with a different tenant, improvemen�s having been made, no damage to the building, and it seems there could be a taking issue if the permit were denied. Mr. Hickok stated this is certainly something to discuss. Mr. Oquist stated there was a statement in the 1978 minutes which states a special zoning district would allow special uses to remain but they could not expand nor could their any new multiple or commercial users. This request is sugqesting two tenahts. Is this multiple? Does this apply? Mr. Hickok stated he believed the multiple in that statement meant multi-family residential. Mr. Maciej stated his biggest concern is that everything goes through so he knows where he stands 5 to 10 years down the road. With the three options, he could end up tearing down the building and creating lots... Sn the area, the telephone company is there and he does not see-that going back to a residential use. He finds that confusing. It is almost like it should be rezoned back to commercial. The houses in that area are quite old. Mr. Newman asked how many employees does Custom Mechanical have on site. Mr. Dickison stated there are none at this time. He had up to five employees when the business was in operation. Mr. Oquist asked if he had a timetable as to when they wanted this to happen. Mr. Maciej stated they would like to proceed as of September 19. Mr. Dickison stated the closing i.s set for September 30 based on the City Council's approval. Mr. Kondrick asked how many parking spots are there. Mr, Dickison stated there are nine parking spaces.� All the work �r�: for the parking lot were done according to the stipulations � ��,,. Mr. Hickok stated there are four other commercial�uses-there. When considering this request and as a possible consequence, he 7V PLANNING COMMISSION MEETING, AIIGIIST 24, 1994 PAGE 5 encouraged members to think of continued use or re-use of those sites as well. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, C$AIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE POBLIC HEARING CLOSED AT 7:55 P.M. Mr. Oquist stated he was confused because the City has issued four special use permits. Ae was not sure there was the same discussions with the other requests. Mr. Hickok stated there appears to have been a past . administrative decision to handle each request on a case-by-case basis to assure compatibility in the uses. This is not provide� �or in the ordinance. Mr. Newman stated there is a mechanism where the City can be sure the use does not change and that is through the ordinance. Mr. Saba stated he questioned the cleaning service and wondered if there would be cleaning chemicals stored and/or used in the building. He asks because this seems to be the lightest use for commercial one can get. , Mr. Maciej stated there would be storing industrial floor` stripper, wax, and bathroom cleaners at the building. There would be no hazardous materials. He can provide safety data sheets for all supplies. They do not store these in bulk. Most. are biodegradable. They do not use anything that cannot go down the regular drains. � Mr. Kondrick stated the property looks nice, is well taken care of and the building well cared for. The property is nicely ; maintained. It is a peculiar location with the angular entrance as it is, but he did not think it was detrimental to the area. Mr. Saba stated he was concerned about the City's ability to pick and choose which business can go there. He did not see this particular facility as going against the character of the neighborhood, but there are other uses in that area that are not compatible. He did not know how they would legislate that in the ordinance. They need to go back and look at the S-1 and see what is to stay and what is not permitted. Zn this case, he would be inclined to recommend approval of the special use:permit as long as the use stays the same . -._.�, - -, ��. Mr. Kondrick asked what about considering that we review this We have asked them to come before us to review this every year or 7D PLANNING COMMISSION MEETING, AUGUST 24, 1994 PAGE 6 every two years to check on it to make sure it is in compliance with the zoning area. Mr. Newman stated the period for review is when the use changes. He would leave that in place and recommend to the City Council. In the meantime, staff can develop some standards or basis for special use in the S-1 district so we have a guide the next time. That gives the owner the assurance in the future that there is • something finite to look to. Mr. Saba stated he is still concerned about the character of the neighborhood with the businesses that are there now. Mr. Kondrick stated he drove through there, and there are s.ome uses that perhaps should not be there. But this business he would not mind being there. Mr. Oquist stated he agreed with the recommendation presented by Mr. Newman, but as part of the ordinance, business can be defined that will be allowed in the S-1 area and those that are not allowed. Identify those in some manner. This would allow possibly not reguiring a special use permit if they fall within that category. This needs some clarification. Mr. Newman stated most zoning codes indicate the uses for a special use permit. He would direct stafi to look at amending � this ordinance for future applications and make this as�!a . condition that when the use changes, future re-use would be subject to a special use permit. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve Special Use Permit, SP #94-09, by Gary Maciej to allow a cleaning service and typing service to occupy the building locating on Lots 27 and 28, Block 12, Hyde Park Addition, the same�being 5973 - 3rd Street N.E. with the following stipulation: 1. That future re-use of the building is subject through the Special Use process to determine if the use is compatible with the existing ordinance; and further that the City Council is requested to direct staff to develop standards for use in granting Special Use Permits in the future. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the request would be considered by the City Council at their September 19 meeting. ---�. �� ._ z.'+»r*�^,?'°;. 2. REVIEW OF SPECIAL USE PERMIT, SP #93-12, BY DOUG-L�MAY OF' ANIMAL MEDICAL CLINIC; 5895 UNIVERSITY AVENUE"`N.E. 7E PLANNING COMMISSION MEETING, AIIGUST 24, 1994 PAGE 7 Mr. Hickok stated the review is to evaluate whether there was any situations that would cause this deveiopment to be non-compatible with the neighborhood. Staff contacted the surrounding neighborhood and there were no comments. There was a stipulation regarding landscaping and general clean up which has been met. Staff recommends this is in compliance with the stipulations. The petitioner was present and had no additional comments. Mr. Kondrick asked if there had been any complaints from the neighbors or residents in the area. Mr. Hickok.stated there were no complaints throughout the course of the year, even when asked. MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend continuation of Special Use Permit, SP #93-12, without further review. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRZED UNANIMOIISLY. Mr. Hickok stated this would be reviewed by the City Counci� on September 19. 3. RECEIVE THE MINUTES OF THE ENVIRONMENTAL 4UALITY & ENERGY COMMISSION MEETING OF JULY 19, 1994 MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive the minutes of the Environmental Quality & Energy Commission meeting of July 19, 1994. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. 4. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF AUGUST 1, 1994 Mr. Kondrick stated one item of discussion at this meeting was the Totino-Grace property that was before the Commission regarding development. It was the feeling of the Parks and Recreation Commission at the time that we would welcome the property as part of the parks system if it were to be donated. If not, the Commission could not spent the funds to acquire the property. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the - minutes of the Parks and Recreation Commission meeting of ..;�.� , Mr: August l, 1994. - %F PLANNING COMMISSION MEETING, AUGUST 24, 1994 PAGE 8 UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 9. 1994 MOTION by Ms. Saba, seconded by Mr. Kondrick, to receive the minutes of the Appeals Commission meeting of August 9, 1994. OPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT MOTION by Mr. Kondrick, seconded by Mr. oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE AIIGUST 24, 1994, PLANNING COMMISSION MEETING ADJOURNED AT 8:12 P.M. Respectfully submitted, � ��Q U�L�2.�'1 ` � Lavonn Cooper Recording Secretary . 7G S I G N— IN S H E E T PLANNING COMMISSION MEETING, Wednesday, August 24, 1994 Name Address/Business _/ ` � C�' I �bJ' C,(�s l D v� � h �� G �lf�i�- / l' ; �� / n, /� � �� e ��.• 4 '` i� [� SSr' �t/ (" -e ( !/ ( v� `—�" ��(-�- `c c< <� �/ �� a�(.� l �� -C��.cot ( � . ., �>: �' � �:,•.�=�i. 7H � a r � � . Community Development Department PLA►NNING I)TVISION City of Fridley DATE: September 15, 1994 � TO: William Burns, City Manager �� . FROM: SUBJECT: Barbara Dacy, Community Development Director 5cott Hickok, Planning Coordinator Special Use Permit, SP #94-09, b� Gary Maciej, 5973 - 3rd Street N.E. On August 24, 1994, the Planning Commission recommended approval of a special use permit for the re-use of the Custom Mechanical building. As proposed, the building located at 5973 - 3rd Street N.E. will be under new ownership and utilized as a cleaning service and computer graphics office. Staff indicated that there were as many as three possible alternatives for action on the request. The Planning Commission chose a modified version of the first alternative. The, alternatives were as follows: 1. To table the request for a special use permit while staff modifies the S-1 district to include special use permit provisions for the re-use of a commercial entity, such as Custom Mechanical (the S-1 code, at this time, does not contain specific special use permit provisions). � 2. The City could deny the request based on the intent of the ordinance to re-establish the residential character of the neighborhood. 3. The City could approve a special use permit based on the 1988 Custom Mechanical stipulation requiring a special use permit for any re-use of �he buildirig to insure compatibility with the surrounding neighborhood. City Attorney, Virgil Herrick, was asked by staff for his opinion as to whether a new special use permit could be issued based on the language of the S-1 zoning ordinance. Mr. Herrick stated .� that if the City wished to issue a special use permit for th� re � use as requested, an amendment to the S-1 text should.also b��= . made to clearly allow certain uses through defined.�-special use permit provisions. Herrick also stated that based on case law he Gary Maciej September 15, 1994 Page 2 has researched, he is of the opinion that incur any liability should it determine to additional special use permits in the S-1 PLANNING COMMISSION RECOMMENDATION the City would not refuse to issue district. The Planning Commission unanimously recommended approval of a special use permit to allow a cleaning service and computer graphics office to occupy the building located on Lots 27 and 28, Block 12, Hyde Park Addition, the same being 5973 - 3rd Street N.E. with the following stipulations: CITY COIINCIL RECOMMENDATION Staff recommends the City Council concur with the Planning Commission recommendation. If the City Council wishes to reestablish residential development in Hyde Park, the best time to begin that process would be between uses and�owners prior to the issuance of a new special use permit. SH/dn C-94-546 7J :t; �� *°�: - ;��:- Community Deveiopment Department Ju{y 22, 1994 6431 University Ave N.E. Fridley, MN. 55432 Community Development Department: We Quality Cleaning tnc. presently rent officelwarehouse space to run our business in Spring Lake Park, MN. Tim my partner and brother and my sister Faye who has a Graphics Company {T Type Graphics) share this space. Our arrangement is T Type Graphics occupies our office space and Quality Cleaning tnc. uses a11 the warehouse space. � TType Graphics is currently a 3 persan Gompany, doing Pre-press E{ectronic Publishing. This is strictly computer generated graphics. Quality Cleaning Inc. is a Contract Cleaning Service. We are currentfy a 15 person company. �ur workers report directly to the job site from home. We use our warehouse space strictly far 2 trailer storage, inventory and equipment. The amount of traffic generated by Quality Cleaning or T Type Graphics is minimal. TType Graphics clientele is on the job site generated. Eighty percent of there business is on the out-skirts of the Metro Area. They have a UPS pick-up on a call bases onfy. Delivery services are used on the average of 3 to 4 times per week. Quality Cleaning lnc. again generates very littie traffic with employees ail workers go directly to the job site. The only time employees come to the shop is when equipment and cleaning supplies are needed at the job site which then our traifers are toaded and used. We would also have a receptionist answering phones daily and doing computer entry work. Quality Cteaning or T Type Graphics park no company vechicles over weekends at the place of business. Nor is there any outside storage of any type needed. If anyone has any ques#ions or concerns regarding the above, please call me at Business: 4343456 Pager: 969-4510. Sincerely, t + T Gary S. acie}, Owner Quality�Cleanir�g, Ina � � ��- -- , 7K , SP i�94-09 Gary Maci;ej/Donald Dickison �� / U r.�/�'i' Ueit "'/29427 "' - ..�U !If M �ln. i /!=<. pc � � a / i oi . � 1 .N 3°:✓� ./ i (.i> o ^�``� ,� °eS> / /�^� v4- - '° !9` t (�%~ �`�_. 3 °`�� n " 29 E+; Z--$ ° 29 2 g(��.91� Y 2 9 2B �v 3 �;: : , 2e�� _3,��. ,B � 28�� . z7 �> � '.' 7 ' = z 7(�9 4 C�� z 7 .: �6 J� ?3). : �LF�ii�� .fJV`� ' ��-Z�-- ---�----� �N �k zs'�s� 6 �-�-S -- 6�� . 2 5�� 6'r) - Z S . -- z.; ;.'s�) : � za!a> 7 z�- - -� - - : : �t 24 t 3;%F B � 3t�> B!J7'> ' Z3\l � 8 �� ` �--. Zz 9 �� 22 9 :� --9-,�� : � 2z lt� , 2i �� /a ` 2 � (,�s> /o (.,v� = 2/ � _ Jo _ 2 / l� 2� // :s.` ?o // Z�\� . �� : 2 0 �� /2��: _ /9 �> /Z �j /9 � --,/2_ _ ° !9 �` /8 /3 �)° �B /3 /9 /3 � : /B 17 (bi). /¢ : _ � /7 /.H) /Q�.�,+ = : /7 .ti - -r,¢ � : : i 7 l 1� %�� IS �>> � : � /6 /S_ _ ;. : � __ �'� _ ` /6 n 3° �i� � \�, ; � -j° �' � �� : 2� 2 � : Z9 Z zg ,�-� 3�` : : 2B 1 3�� ' z7 � � _�_7___ 'f 26 rC1 5��: 26 �� 5 l � � Z5' 6 --2�5---. 6 : ' %°�``• �,�• , 2,��► 7 �• , 1 23 1 B --� - B e � Z2 9 � �_'_ --9 -- W Z/ �1 io W� z i�; iv �1 • . t 20 /i `c��• Z ' Z ° 111 - ../1 - - Z /9 •�1 /Z • /9 /Z �gol, - yg- - - !3 /B ��+1 /3 _ � io . � �� /.� `� : � � -- a - - % ql ' 1-- e ° � • t1i � i6 � Z9. � � �6 �. � s � 59TH N � N AVENUE l,,: !7 � � ` /6 N.E. �----• ■ ie � ��c � � e � /E � 1�z /� 7L LOCATICJN M�4P � •1►11 �[!�►�i/!�: I� \� . �� i 0 SY �y4-09 Gary Maciej/bonald Dickison � // ' �i- _ . % / - � - , � . i. � / � / � � � . � ' 336� 54. . �'; _,� 4,., �, ; � 'j ; i__ -_ "-- - LA SCAP� � � �' �E �� . , . 1� N �.� - , ,� ,� � � , � , ' �� f & � a� •I ��»�,��r, �'t.�c t �r � .:. { !': . � � s� � z , �y.► . � Y" � . . .,,. �'. .� �� _ � M. i � � � .�' � _. ' 4:��°,�, � t" � � ` � / b h- e-}` .' 1n � 'i .,4 ri. /lii ox :r i° � , ' ��.� t, i , . t ,�. *�,, � t �' � x � � at J , ; »r ` y �� r .� g � �� `�bai. v' y 4 ��Lt r x . � ,�+��s�x � � i3i� . ,. � r ., �.. , ( . Y . r ' ae } . , -N . 'A' � � -,'r � „ �+�C'i." �� ,� � 5t3" f ; . xk 1,: . , ' ` q +. -� � ` � = r; ��r z e ' � � �y, . t . �` � �" � . . �..;. � ' - k X i : '" �. � �+w.v a � `�� -!e r � ,. �^J ,.. � ! ,. . _ � Y�" � � dk? � i � � . � %'f S � �, S � - 3 ., , r �' f• . iP. 6 . ♦ ��. - e. r ; ,, �' '�. ; f 4 t , z - +� i3 .1 �� _ � ^� ,,,�`` r u �''. , f„, �:.}� i +� . � � ! ,,.. � > ,' s . � . �, sn:...d r i 4 ` � ;�� r=j1a :x • � � � ' g , F � -1 �.:� ,-� � x 5; xs � ` s y�< . �� , x � �, , � � ��. a� ++ d �e �. -,�, i . � ? � �,: �� . ' ; � �y� � � . ; � . t,$ �:� xs; r < „r,. �,..,. . -�� - I��. ,. � . r ¢� i . �� .�y't��°�sw �� .,� �. �� . 'r�� .r : �..�., x+s,� S 1:' ,} " �;. � �- � � v ' - � � ' L � � - �� ' �- .,� t+�t , . , �t � ,� � �� `:r ✓ .. ... �; � , � :. �� ' �� - � � � � - Te � ��;� ,. +� t � , i . .c,..,wc�.s...sc� �. , .: . .. �_?. �'9 - ....: t �: . j� 1 (s>: <= ; -- ''a�:�.:, - ai � d_ 1 �yr�,'�i y �` ky��' ��i�' ` j `3 � -fj� C K�• � � .� 'M a`� �•�� i � `i. • l� s • �• f � k. R�' �'��- r •*�� , � _ a � :-* �� >, y' a.. r �'� -: �? ��°� - �,' � : -� - i'�veT 3 r' � sa'�, �> . � �� . F- � y . " �� ^^ a.. .w:a r° ' ��. , ; � < .: . � �. �. .. . _ .- ; .. � . � � .. • - �'' ..,r-r�_ ' � '� -_ tj � �;;- . . �-_ .: � �- - :_ $,..d „�..::. e �-� - '_ - - — ri . �..�„ �,,��.... ' - j`-�g, �`•. +� f '� .� Y �._ #*V�+=��`r � _ �:,� l�r . �..; �a 1 �° �,: � �'e°` t j Yi . _ . . Se � E i , � � � { � � ,. , �'! r.. f�-�y,�� ' ,,, ;�`„� •^*�'-� �,�,`r� �y'�'✓ ,s x. .4? 'i �' r k, t � `C � r � e � �� P � , j ' �.T. x � ,•. r"x{� "'� . �. �." . ,�t, b �s , �, V . � ' ,„c� �. '. f � ;`'x € ,� ay ,.�x°�14, a� ��-.-` � . 4. .. . .,.�. _ �. ,f : .. . �," ,r..r.'� ;I w �'s- t -_.t � 7 �'+"•4�.r.,,,r,o�a-�- �; � ,,,, _ # � � '- , .:. „ �'-n ":�: ��,�s�� i' 1y 3 _ `� ..� y ��. � � k` �.�"�3ST Y ""�2 'au..,,-.cz �y. . . '� _ _ �,, � i... ..* -.- : .. 'w .. � > t _ ,� � � �. �� ,, � ;j ��` . � � :, � �. - � � �,. - � ,� u � -,. � � � � :�� . z � � , � � _ � � `» � s _ • + , �, � � � ; F 6� �'. i. _ : - � _ �x ` � - -. �y '�, it�;•„. - - .. , . � �.�' ` ;:=-` �.� � , ' � � , �� f ��. : z -� �;: � � � �� ,� �-��' ;� �:� r �� '" ,'� .,. �� 1 f� � . � — "lt _ � � ,.Y -0 .� .., _ . _-. S �,v - i t :"�+e� �° � �%y F . � "=�' � ... � :,� }. i � � i',>.�+r` " 3c • ,�'r"'�. � • � � � r •^ � �. � � � � � � � .�� " �� .} _ - � . . �_i � �� ! �� . � � :.t �� i+,. 7 � ' - � . � � . - � ^:� . � �?- i � �� . , ` ' � �. ,� k z. � . .. ♦k..,t ,� f . f 4 " �, l j �- � � � � � ' � � • � � � �� ! � ss¢ ",. 4 -��,�„°�� r X � �� z, ' �� { � � .. � � . ..�. _�..� g f� j � F. v . �v '� „� � ; ., � . � � t �F � � -o i � ' � e" � ? , �� r'� �'{�` "^ � t< '�d ,em« �r `� t - _'=� � � - . � t. -e. 1 �� r > �7%�'� � _ } Y �+ �. � � • e ` �� w �� ,� � �¢._ ...._ F' ,� : ��'�.. �' . A ;� ��':. �t _ S ��- � ' � '.ij �"r j`� y^.. .�..} tn. � ' �g,v� �-r'.� Q Y .. ` t,,�� i'9�.',. �'� . . � � � � :��.�� . . � _ � � � . ° �� ^ .� x ° � � � �, � � ' ��` t�+�et . -y'.^. �.s,.i' ` t.ea� „x�.._�%�t€ -�`�'� - � f�' � � � t-• � �t3. i � s....�, � S.«. � I�;. ..v5 i }g � ..L l � "'. �'y5� _ Y �k�y .� �t: ,I -� / "�' � 'ii 4 r -T uA. s6 � t � �?. .� � �^` :. ... N � . ° � Y �� a e � �� ,. .. _ . M. _ . . t+ � : �� U . ._ . . _ . .. _ .. _ � Y�� . � :' �� X",i .-��'- "'--3.l'�. � t�'-^ . a > . -� _"�;`w `.. �� d . -� s� ... _ - y 4 �� r � r� +n 1=. . �, .^S �T�� i , i ..,. y,� e; ' -.. r`�`,•,4. .x..s Y Kji � y: �T � � � � �. . � ,��'' .: �� '-. � '`��.+:, � . - � 4..�1 � '> a ;� �t �� ' � ��a j; y P .i { 1 � k •, _A v�t� it� _ -'-�l l ._ .�c . t, . . _ _ '.�t c � '�S, �' .�, .� 1 �'t'-`�y+gi�� '� r � ,r �'n �P�"l J � • �y }'• _ G��- � ,b '�` �: ; � . °_:� �.�_... ��.°+`". _ _. _,:�_� ::,::,.`. .� � M ;.1�,. �'-.��4s��. ,�'. � � : �"' �` t1 � c K� j � i ,� s� ' � �� tiX V S . � 1 � . ROB�T A. GU2Y BERNARD E. STEFFEN RICHARD A. MERRILL DARRELL A. JENSEN JEFFREY S. JOHNSON RUSSELL H. CROWDER JON P. ERICKSON LAWRENCE R. JOHNSON DAVID P+. COSSI THOMAS P. MALONE MICHAEL F. HURLEY VIltGIL C. HERRICK HERMAN L. TALLE TO: FROM: SUBJECT: DATE: Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 780-8500 FAX (612) 780-1777 Writer's Direct Line: (612) 783-5158 MEMORANDUM Scott Hickok Planning Coordinator City of Fridley , Virgil C. Herrick �i,/��' � City Attorney �U � City of Fridley Unauthorized Issuance of Special Use Permit August 31, 1994 PAMELA M. HARRIS CHARLESM.SEYKORA W[LLIAM M. HANSEN DANIEL D. GANT$R, JR. BEVERLY K. DODGE GREGG V. HERRICK JAMES D. HOEFT JOAN M. QUADE SCO"I"C M. LEPAK STEVEN L MACKEY DAVID M. WEtGE� ELIZABETH A. SCHADING WILLIAM F. HUEFNER ROBERT C. HYNES 1935-1993 You have asked me whether, in my opinion, the unauthorized issuance of a special use permit would estop the City from issuing similar special use permits in the future. Another way of asking the question is whether the unauthorized issuance would be considered a precedent upon which other property owners might rely. ' I am of the opinion that if a permit is issued by a municipality� in error or if the permit is not authorized by applicable . statutes or ordinances, that the issuance of such a permit would not be consider•ed a precedent and would not estop the City from refusing to issue additional permits under the same C2�.^.'.:I::c��T:^°`c-.. MCl1•ij l l �r� 1:: i�S �°^�.'a^:2 O� �iuny i�^l � 1��T:8°� _ ,�.�__��....• C G; and permits, 26.84 states as follows: "Grounds commonly adequate for revocation of a license are the illegal issuance of the permit, its issuance without authority or power, its issuance under an unauthorized ordinance or under an ordinance illegally adopted or its issuance in violation of an ordinance. The issuance of a license or permit in violation of an ordinance cannot estop a city from enforcing the ordinance against the licensee or permittee. The renewal of a license wnile conditions exist that would ordinarily be cause for its An Equal Op�r�iry Employer Memorandum Scott Hickok August 31, 1994 Page Two revocation does not estop the city from subsequently revoking the license in the absence of any representation by or conduct of the city upon which the licensee could reasonably be said to have relied to his disadvantage." There is a line of cases that holds that if the licensee or permittee expends substantial time and money in reliance on license or permit, improperly issued, that•the city may be estopped from allowing the licensee to complete the project autr�oLized �y the licer.se. This �cncc�t woald n�t a�p3y to party who is making application for a new license or permit. a a There are a number of Minnesota cases that deal with facts somewhat similar to those that we discussed. In the case of State v. Village of Roseville (1955) the court held that where a permit for property improvement has been issued by an authorized officer under a mistake of fact and in violation of an ordinance, it confers no privilege on the person to whom it is issued, and it may be revoked even though expenditures have been made in reliance thereon. In the case of Lowry v. City of Mankato (1950) the court held that a building permit issued in violation of a zoning ordinance by an official lacking power ta alter or vary the ordinance is void, and the zoning regulation may be enforced notwithstanding the fact that the permittee may have commenced building operations. Based upon the above authority and other with, I am of the opinion that the City liability should it determine to refuse spe�ia� use p�rmits i^ S-1 Districts. 7Q cases that I am familiar would not incur any to issue additional S TAFF REP O RT Community Development Department APPLICATION N17MBER: Appeals Commission Date Planning Commission Date : August 24, 1994 City Council Date : September 19, 1994 ♦ Special use permit request, SP #94-09 PETITIONER• ♦ Gary Mac:iej, petitioner Donald D:ickison, owner LOCATION• ♦ 5973 - 3�rd Street N.E; corner of the intersection of 3rd Street a�1d 60th Avenue. AEOIIEST• ♦ To allow the re-use of the property for a commercial enterpri:�e in the S-1, Hyde Park Neighborhood District, which re�xuires that all non-residential uses revert back to single f��mily dwellings. � - BACRGROUND: � ♦ In 1978, the City rezoned the property bordered by 61st Avenue o�n the north, University Avenue on the east, 57th Avenue om the south, and Main Street on the west, to_S-1, Hyde Par�k Neighborhood. The purpose of the zoning district is to re��stablish the residential character of the ' neighborlhood. The neighborhood has a variety of commercial uses loc��ted along University Avenue. They include Custom Mechanic�al (subject parcel), Werner's Furniture, and Frank's Used Car;s . In 1985, the City began issuing a series of a special use permits •to the subject parcel: SP #85-12, by Midwest Classified SP #87-18, by John G1enn copier repair business SP #88-09, religious book store, church, and parsonage SP #88-12, by Custom Mechanical -� ��, The City Council, as a condition of approval, included�ex- '"'�` followin�� stipulation on the Custom Mechanical: request: m Staff Report SP #94-09, by Gary Maciej Page 2 1. The petitioner agrees that any future re-use of the building is subject through the special use permit process that the re-use will be compatible with the surrounding neighborhood. Although there are no special uses of the zoning code, it has been an require a special use permit prior Hyde Park commercial property. ANALYSIS' listed in Section 205.21 administrative policy to to allowing re-use of any ♦ Donald Dickison owns the property at 5973 - 3rd Street N.E. Currently, Custom Mechanical occupies the space; however, the owner has been contacted by an organization out of Spring Lake Park who have made an offer to buy the building Quality Cleaning, Inc., in conjunction with T-Type Graphics, would share the space. T-Type Graphics employs three individuals who perform pre-press electronic computer publishing. Quality Cleaning, Inc. has a staff of 1.5 people who report fram their home to their job sites. There would be one clerical person and very few internal staff persons at this location. No on-site outdoor storage is required for either Quality Cleaning or T-Type Graphics, " In 1988, Donald Dickison was granted a special use permit for Custom Mechanical to occupy his building at 5973 - 3rd Street N.E. At that time, the owners of the Custom Mechanical building spent a considerabie amount of money in an exterior retrofit which included re-siding and re-roofing the building, installing new asphalt and B612 curb and gutter, and also installing landscaping to comply with the requirements of the 1988 special use permit they received. One stipulation was placed on that special use permit which required that the petitioner agree that any future re-use of the building is subject to a special use permit which will assure compatibility with the surrounding neighborhood. Listed in the S-1 Special Districts, it states the purpose of the district is to: 1. Change the present "legal non-conforming use" status of the residential dwelling in the neighborhood to a "conforming use" status. 2. To reestablish the residential character of the neighborhood. 75 Staff Report SP #94-09, by Gary Maciej Page 3 3. To protect the property rights of all present land owners as much as possible while promoting the residential development of the neighborhood. 4. To establish a zoning mechanism for the neighborhood that will encourage residential investment and development in Hyde Park. As for specific principal uses permitted, one family dwellings are listed. Commercial entities are not permitted if they were not constructed prior to the adoption of the 8- 1 district. Staff has asked for a legal opinion regarding the present special use permit application, to allow re-use of an existing commercial structure. Specifications for lot size, coverage, and setback dimension were based on residential standards which appear to staff to indicate that there were to be no provisions for new construction or additions to the commercial entities. There are at least three options for responding to this request: 1. The City could table action on the item pending amendment of the S-1 district to inclnde special use permit provisions for the re-use of the commercial entities such as Custom Mechanical. 2. The City could deny the request based on the intent of the ordinance to reestablish the residential character of the neighborhood. ' 3. The City could approve a special use permit based on the 1988 Custom Mechanical stipulation requiring a special use permit for any re-use of the building to assur� compatibility with the surrounding neighborhood. RECOM.'�IENDATIONf STIPIILATIONS : ♦ Staff believes it is premature at this time to make a recommendation; however, at the Planning Commission meeting on Wednesday evening, staff will provide an update of the City Attorney's opinion and a recommendation. - �_- - _... PLANNING COMMISSION ACTION - The Planning Commission voted unanimously to recommend approval 7T Staff Report SP #94-09, by Gary Maciej Page 4 of a special use permit to allow a cleaning service and computer graphics office to occupy the building located on Lots 27 and 28, Block 12, Hyde Park Addition, the same being 5973 - 3rd Street N.E., with the following stipulation: 1. The petitioner agrees that the future re-use of the building is subject, through the special use permit process, to determine if the use is compatible with the existing ordinance; and further, that the City Council is requested to direct staff to develop standards for use in granting special use permits in the future. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission recommendation. �� . �;� � ... . . � :i;: ... - � ��,'' 7U �'� � ��?� their approval. UPON A VOICE VOTE TAI�N � THE ABOVE MOTION, all voted aye, and Mayor Nee declared th�n�otion carried unanimously. 3. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 14, 1988: �� A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-12, TO ALLOW AN AIR CONDITIONING, HEATING AND ELECTRICAL CONTRACTOR OFFICE IN AN S-1. HYDE PARK NEIGHBORHOOD ZONING DISTRICT ON LOTS 27 AND 28. BLOCK 12, HYDE PARK. THE SAME BEING 5973 3RD STREET N.E.. BY DONALD DICRISON: Mr. Robertson, Community Development Director, �stated this is a request for a special use permit to allow an air conditioning, heating and electrical contracting office in an S-1 zone in the Hyde Park neighborhood. He stated special use permits were previously granted for different commercial uses for this property despite the fact that the uses did not comply-with the intent of the Hyde Park special zoning area. Mr. Robertson stated staff is, therefore, recommending denial of this special use permit based on the code which states that whenever a lawful non-conforming use of a structure is abandoned for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of the zoning code. -;:�:. Mr. Robertson stated the Planning Commission has recommended approval of the special use permit with the provision the permit is for this business.only and, if the property is sold, the special use permit will expire. He stated in conjunction with the special use permit, several variances were requested which the Appeals Commission reviewed. He stated the Appeals Commission recommended approval of the variances, with one exception. � r Mr. Robertson stated the Planning Commission recommended to Council that either rezoning or modifying the S-1 zone in the Hyde Park neighborhood be considered to permit a wider range of special use pernits than are allowed in the R-1 zoning district. He stated �the S-1 zone is more restrictive than an R-1 zone and it does not allow non-residential uses with a special use permit. Councilman Schneider stated, as he recalls, the intent was if property in the S-1 zone was destroyed, it would lose its non- conforming status and revert to R-1. ° Councilman Fitzpatrick stated the purpose of adopting this S-1 zone was to ultimately work towards R-1 zoning in this area. Mr. Qureshi, City Manager, stated the intent was to convert this area to .residential. He stated if, however, the use of the 7V � Q1�3 FRIDLEY CITY CQUNCIL MEETING OF SEPTEMBER 26 1988 PAGE 8 property remained the same, it would retain the non-conforming status. He stated if this lawful non-conforming use of a structure was abandoned for a period of 12 months, any future use shall be in conformity with the provisions of the Zoning Code. Councilman eyesore in a year or use. Billings stated this building is vacant and is an the community. He felt even though it was vacant for more, it probably would never revert to a residential Mr. Qureshi stated single family zoning does allow for other uses besides homes, such as churches and senior housing. Councilman Billings stated last year the Council did approve a special use penait,_for a photocopy -business which never materialized. He stated the Planning.Commission also recommended approval of_ a special use permit for a church on this property which would have been 'an acceptable use.� He stated the.owner< withdrew.this request be�ore the item was submitted to Council. ; Councilman-8illings stated the proposed'purchaser of this property, Mr. Dickison, was present this evening to answer any questions�by the Council. Mr. Dickison stated when he:first approached the awner to purchase- this property,_he was told it had been sold, but that the,deal. had .. not proceeded, therefore, he applied for the special use permit ,and ��-;;�� . variances . � .: ` Mr. John.Magraam stated:they had petitioned to use this-building ;` as a church when the owner told him it was sold to somone else. He stated this was a complete surprise to them. Councilman Billi.ngs asked Mr. Dickison if he would''ag�ee to the stipulation that if he sold the property, the prospective purchaser would need to apply for a special use permit which may or may not be granted. He pointed out to Mr. Dickison that his prospects of. selling may be severely limited with this restriction. � Mr. Dickison asked if a future owner wished to conduct the same ' type of heating and air conditioning business if another special' use permit would be needed. Mr. Herrick, City Attorney, stated he felt comfortable if the special use permit is issued for the use, and not this particular owner. He.stated the other question is if a speciai use permit is permissible in this zoning district. He stated,�frankly, he di �,� : not research this question, but believed someone from his o��g� '- indicated`. it was permissible. He pointed out that�,this��tas '` previousl� a commercial use and there are other commercial uses in the area.. %W 0 (�13�'� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26..1988 PAGE 9: Councilman Billings felt the question that needs to be addressed is if the Council wishes this property to become residential. He stated there was no opposition from neighboring residents when this special use permiat was considered by the Pianning Commission. Mr. Herrick stated probably the ques.tion -on the ultimate use of this property needs to be addressed by the Council. Councilman Fitzpatrick stated he has advised other property owners who wished to have a multiple use of their property that this would not be permitted. Mr. Herrick stated there is a difference in the.use of an existing building as opposed to new construction. - Mr. Dickison:stated he would make substantial improvements to the property over.the•next several years. He stated he plans to close on this property next week, however, if no action is taken on the . speciaZ use permit, he wou�.d not consider purchasing this property. Mayor Nee stated h� was not sure a single family home would be the � best use of this property and didn't especially feel a commercial use was wrong. He felt the guestion is really,what is the best use of the land. : _ Mr. Herrick stated-the market value for a single family home on this property would be very low. ��:. . MOTION by Councilman Billings to grant special use permit, SP �88- 12, with the-following stipulations: (1) petitioner agrees that any future re-use,of the building is subjec� to finding, through the special use permit process, that the re-use would be compatible with the surrounding neighborhood; (2) a portion- of I;ot 29, approximately 1,604`square feet will be leased from the City for $I.00 per year as long as the business_is in operation at this site; (3) landscaping to be installed�as per plan by September 1, 1989; (4) a performance bond or letter of credit for 3 percent of the construction value be given to the City prior to issuance of the building permit; (5) parking demand shall not exceed nine spaces unless additional spaces are provided; (6) install six inch concrete curbing around the entire perimeter of the parking lot including driveway opening by September 1, 1989; (7) parking lot to be sealcoated and striped with nine spaces by September 1, 1989; (8) bollards are to be removed upon installation of landscaping; and (9) petitioner to maintain site immediately by cutting grass and eliminating weeds. Seconded by Councilwoman Jorgenson. Councilman Schneider stated if the building had been destroyed, he`�;' feTt the S-1 zoning is very specific and it could not have `been �_ rebuilt. He stated he does agree it is an eyesore. Councilwoman Jorgenson stated under the S-1 zone, the property would have reverted to R-1, if the structure had been destroyed. t 7 X FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26 1988 PAGE 10 She stated she is in favor of this business on the property, but did not like to rezone for one parcel. Councilman Billings stated he would agree that by granting the special use perm;it, the strictest interpretation is not being applied. Mayor Nee stated there have been proposals for various uses for this property, therefore, the property has not really been abandoned. UPON A VOICE VOTE TAI�N ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 83-1988 APPROVING A SUBDIVISION LOT SPLIT, L.S. #88-04 TO SPLIT A FOUR FOOT TRII�NGLE OFF THE .S�t�FAiT�i i�T �7 lYlD7�TL+D n�.+ r �m � . �� _� _ _ _ . . f-��S .. AVENUE BY STANLEy 1�1JD pHyI,I,IS PROKOPOWICZ�,- 1 � JG1�L - MOTION by Councilman Billings to adopt Resolution o. s3-1988. Seconded by Counciiman Schneider. Upon a voice v e, all voting __ aye, Mayor Nee declared the motion carri.ed unan' us1y., _ �,- s C. CONSTnF.RATT(1N n�` crr�nnrmrv.. ...�........��_ _ -__- '�"'� � 3N THE CITY�OF FRIDLEY: M�TION b�t Councilman Schneider to refer is item to staff for a proposal, in consultation with the Ci Attorney's Office, to be presented at some future Confere e Meeting., _Seconded by Councilman Billings. Upon a voice ote, all voting aye,'Mayor Nee declared the motion carried unan' ously. D. ITEM FRnM muF a�n�r ..�,WT�...�,..._ _...._.�____ __ 1988• 1. 0 e u• nyl\ ONDITIONING HEATING AND ELECTRICAL CONTRACTOR��'�-- OFFICF. c�N inmc �� wm �l O DT tllvTS ., .. _____ _ _ __ _ _ ._ ----- ..� ,., J1\L ��n�,�,l r, , r„ tsY ut�NALD- DICKISON: MOTI by`Councilman Billings to grant the variances, VAR �88-22, 7Y �� PILANNING COrg1ISSION ME�,�'I(VG, SEPTII�'IDII2 19 , 1988 � their property on the retaining wall. She stated th�ey si�lify this mistake rather than taking daan the ret� PAGE 9 � txyirig t�o wall, fences, etc. MOTION by Ms. Sherek, seoonded by Mr. Saba, reconmend to City Council approval of Lot Split, L.S. #88-04, by Iey and Phyllis Prokopowicz, to correct a certificate of st�vey don 'n 1969 in relation to the lot line between Lot 1, Block 2, Marian Second Addition and Lot 2, Block 2, Marian Hills Second Addition �nerally located-at 1350 - 52nd Avenue N.E. and 1340 - 52nd Avenue N., with the follawing stipulation: A division/ combination form be d by the fee owner and returned t�o the City by Dec. 2, 1988. UPON A VO VOTE, AI.L VC1'I'IP7G AYE, VICE-CHAIRPERSON KOI�IDRICK DDCI,ARID TI-iE MOTIO IID UNAN3MOUSLY. Mr. Kondrick stated this item will go to City Council on SeptemY�r 26. 3, CONSIDERATION OF A SPE7CIAL [lSE PII2MIT, SP #88-12, BY DONAID DICKI90N; Per Section 205.OS.D4 of the Fridley City Code to allaw an air oonditioning, heating and electrical contractor office in an S-1, Hyde Park Neighb�rhood zoning district on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd Street N.E. MOTION by Ms. Sherek, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VO'rE,. AIZ VOT�IG AYE, VICE-CHAIp�t..SON KOI�IDRICK D�RID THE ,, PUBLIC HEARING OPIIV AT 9:.05 P.M. �:. Ms. Castle stated this property is located soutlz of 58th Avenue on 3rd Street, north of 59th Av+enue, and just to the west of University Avenue. �! The property is located in an S-I, Hyde Park neighborhood zoning district. To the north, south, and w�est is also an S-1 district. This property was discussed recently for use as a church by an Orthodox Church. _ �:. Ms. Castle stated the petitioner has no plans to do any exterior work on the facade, but he does plan to expand tlze lot to 9 parking spaces and do s�ne landscaping to pravide some screening for the parking area. Ms. Castle stated the proposed use does not co�ly with the use for a special zoning district. Despite this fact, special use permits were previously granted for different ooa�s�iercial uses in 1985 and 1985. 'rhe 1985 pezmit was passed with four stipulations concerning site i�ravements. Due to extenuating circ�unstances, the petitioner never useci the special use permit and never completed the stipulations. Ms. Castle stateclilr. Dickison's business will have a mini.mal effect on the surrounding ca�rnu�ity. His office will employ approximately two people with the hope of adding two to three more employees in a year. Due to the nature of the business, no retail activity will occur so there will be no custo�rer traffic. Repairs are done off-site. Ms. Castle stated staff is recatmending denial because this use does not corrg�ly with the intent of the Hyde Park, special zoning, area. Denial is based on Section 205.04.03E which states: "whenever a lawful nonconforming use of a structure is abandoned for��eriod of 12 months, any future use of Z � 49 �' PLANNZNG CQNY`4ISSION r�ErING, S��IIi 14, 1988 P�� 10 said structure or land shall be in oonforniity with the provisions of this Chapter." , Ms• Castle stated the petitioner wer. August 30 for soerie t�f°re the APPeals C�SSian p� associated varianoes. The APP�ls Conmission recon¢r�ended aPProval of four variances and denial of one variance aontingent upon nine stipulations . �- Ro�ertson stated that ev�en though the S-1 zonin uses with a special use permit, the i�lication of � not specif�, ��, to be treated similar to R-1 zoning, and in an R-1 zone ��n5 is that it is uses that are a11a�d with a special use , there are other schools, etc. Pe�t: for instan�e� hospitals, Mr• Barna stated the City Council is going to ha� to see along University Avenue-- � look at what they want c�rcial or residential. Mr. Dahlberq asked if the. prOP�rtY had been oc�nsi �sibility of rezoning this Aarticular de�d by eity staff to P�'cel of �r�rcial use. m�.�Ce it appro�ri�e for t�'�e ` Mr. Rd�rtson stated the staff has not still going with the �, considered that possibility: They are tional roblem in �� ection of an S-1 district. There is ari addi- P that they oould not rezone just one pieoe of land;:��r would have to rezone a strip or a node of soa� �rt. _ Councilm�er Steve Bi71�n _: : � ," about rezonin � 9S stated that reclarding Mr. Dah�r �S�'"'�3'`• �, 9, at the time the area was zoned S-1 0� g ��t�.on to whether or not the block im�iatel � nsideration was'`qiven be S-1 or carnrercial. Y�jacent to University Avenue:should but essentially is forever ��ght p�ss �� zp�n9 1s r�ot short texm would, for whatev�er ' and �t at sane point in time the exis�g ��rcial reason, stap beinq used as carm�rcial and would then revert to the S-1 zone which requires single family housing. Three of:'tt�eaCouncil members on the City Council at the time the_S-1 zonin are presently on the Cit C 9��imously 'p�s� �'" his/her vi Y ouncil. Unless one of those three would be changiriq �.�oint froan what it was 5 y�� ago, he felt the ��rcial passinq at this ti� were vexy slim. °� of a rezoning M�. D��rg stated the reason he raised t�e rezoning issue is becau particular parcel will likely never be a residence. se this: occupancy of vacant properties in the CitY or are the�e they encouraginq allaaing archaic 1 Y trying to discourage it by because it s P�ng r�ndati.ons that might have been made years a g o e�ned like a g o o d i d e a a t t he t i m e? Ms. Sherek stated she would rather see the , business awner rather than sittin �°�rty occupied by a responsible These vacant buildin s g��t �d an eYesore the way it is nc7w, City. g��t �°�e a nuisance, and there are o R��" thers arnund '. ;�:�_ , �, M� �' • Barna stated he had a probl�n wit�i this whole _�.,,.. in the S-1 zoning prooedure as a P�edure. He was involved attended quite a few of the nei �r of the Appeals C�ssion, and he for this area to be residential o�rhood meeti.ngs, and there was an intent is being asked to issue a y Y�rs ago. Nc7w the planning C��ssion SP�i�- �se Pe�mit, which is very loqical for that 7AA � P�`'�''� CC�`qMISSION �r� �� C .'M• , . . - .J � site and that b' Pp'GE 11 �I�9, but being asked to issue a not for an S-1 zonin an R-1 zor�g �.�. ��ial ��t � g district, be�� e • Permit for could not � f � a�nmercial buslness y�e a��rcial business �� °r of issuin in Mr. D s lot. g a SPecial � ��xg stated h� a �rn�, it gr� with Mr. Barna. That is whY he� d�Propriate to �� a As far as the zonin aPPropriate and �99ested rezo�n �c�ai use Permit for g W� con- unless theY tear�e building on that 9 this p�cel to �e .�e �-s zprung. for resid ' dO� �e buildin P�eI aPPropriate for a Pa�el is �o� tial. He .thotic�ht this9 and have a vacant- site °Omt�rcial �e� giveh a �nate that it is zoried P��' should not be Zo at is ava�-Iable priate th�t .�e �e ��t urider �el�but he also a9reed ined S-1, anc� it � S this btaildtn9 b� .used for I zorung. ge �d ��hould not b� tated is a very difficult d� ion t� �r C°��ia11t � aPPro- A7r. Dick ' make. Pu�-I�ose . � were �on stated a P�ed 9ranted for �S �t has been �t S uP to � ldir�g or he w�l h� o�t, H�t� he�cial use Permits si te and f� i t uP so 1t _ l�rcial buildu�q��e wpul Se � T� bw-ldtn9 is et goocl. n l�)ce to go in on th�s 1 bY �'4r. S�� 5�� - �N A VOICE Vp� ��. ��• to close the p�Iic hear' 1'LTBLIC . ALI, VOTING �YE �g t� H�ARIIVG CLOSID �'9:35 P.M, VI��ERSOiv KpN�RTCK D ` �� s a PP ro� o� - Sherek, seconded }.�, �.. _ �.� �� 205. �clal L�se Permit '�a� to r�nd � 05.04. of tt�e �}idle '�#88-12, bY Donald D• to Cit�' Council and electrical c�ntrac y Clty C�e � allaw zCkison, Per Section . district on Lots 27 tOz office in an S-Z �" alr conclitio�n9� heatin Street N.E., with and 8, Block 12, • Hyde Park Neighbonc�� Zo 9. business onl the stipulation that�e Park' the S� },�i� 5973 �g �ire. Y, and if the p�rty is sold SPecial use Permit run wi 3�: , . the special use. Pe�nit wi 1�'his �N A VOICE �y� NAY. VICE-CHAIRp • KOI�IDRICK, �K _ 4-1: ��N KOI�IDRICK D •�� ING AYE, gz�� V�,� �RID MOTION }� �RIID $y A VO'� OF --�� Y Mr. Daiilber9, secor�d� Counc�.l that a�nsideration }� �' �• Barna 3rd Street N. 51ven � • to reo��nd to the City be rezoned y the Citya � bp�el of px�Y.�, at 5973 - tO an aPPzropriate zonin b S�Y ln this location. g so a c��rcial buslne�e�� °� �e prope�y� an continue to Mr. Saba stated ma Y� there is another o A�O9�v-ze that this area and ption here_ p �,._ .� the Ci ln �e �'1 DlStrict �e e°ther c�m�ercial b �y� �y Shoulci tY should Iook at �e 9oing tA }.�e like tiiatsforsses along= iinzversity a wider rarxJe of sP�ial �e�ssibility of m�i fy� S°� time, and rnay}� Permits than are all 9 the S-1 zoni.ng to allo�„� �d in the R-1 zoni�. - - . � ,-- _ � � _ Cl'IYOF F[ZiDLE.Y CIVIC CENTER • 6431 UN[VERS[TY AVE. N.E. FR[DLEY, MINNESOTA SS432 • PHONE (612) 571-3450 CITY COUNCIL ACTION TAKEN NOTICE "'� �� C°'�'`""`�� October 3, 19 8 8 Donald Dickison' 1321 - 26th Avenue N.W. New Brighton, MN 55112 On September 26, 1988, the Fridley City Council officially approved your request for a special use permit, SP #88-12, to allow-an air conditioning, heating and electrical contractor office in an S-1, Hyde Park Neighborhood, zoning district on Lots 27 and 28, Block 12, Hyde Park, the saine being 5973 - 3rd Street N.E. with the following stipulations: 1. � 2. --� 3 • 4. 5. �--� 6. �� --� 8. C.�, Petitioner agrees that any future re-use of the building is subject to firiding, through the special use permit process, that the re-use wouid be compatible with the surrounding neighborhood. � :-, A portion of Lot 29, approximately 1,604 square feet will be leased from the City for $1.00 per year as long as the business is in.operation at this site. � Landscaping to be installed as per plan by September 1,- 1989. A performance bond or letter of credit for three percent of the construction value be given to the City prior to issuance oi the building permit. Parking demand shall not exceed nine spaces unless additional spaces are pravided. Install six inch concrete curbing around the entire perimeter of the parking lot including driveway opening by September 1, 1989. Parking lot to be sealcoated and striped, nine spaces, by September l, 1989. � �;_ _- Boliards are to be removed upon installation of landscaping: 7CC �� . Donald Dickison �'_ SUP �88-12 Page 2 9. Petitioner to maintain site immediately by cutting grass and eliminating weeds. � If you have any questions regarding tiie above action, please call the Planning Department at 571-3450. Sincerely, � ��r _, ii�3�•��E�r. John L. Robertson Community Development Director JLR/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by October 17, 1988. Concur with action taken. _ :x . ,; a 7DD ��• : 205.21 S-i SPECIAL DISTRICTS l. INTENT A special district is a zoning district that is designated on the zoning map, created through specific regulation changes necessary to protect the health and general welfare of the public within the designated district. A special district, when designated, shall be classified by numerical order as it is established. 2. PROCEDURE FOR ESTABLISHMENT OF A SPECIAL DISTRICT The procedure for the establishment of a special district shall follow the amendment procedure as laid out in Section 2�5.05.3 of this Chapter, and shall clearly lay out the purpose for the amendment and the district boundaries. 205.22 S-1 HYDE PARK NEIGHBORHOOD DISTRICT REGULATIONS l. TITLE This Section shall be referred to as the "Hyde Park Neighborhood District" in short form. 2. PURPOSE The purpose of this special zoning district is to: L v J. L L. VY . S-1 SPECIAL DISTRICTS INTENT PROCEDURE FOR ESTABLISH- MENT S-1 HYDE PARK - DISTRICT REGULATIONS PURPOSE ; A. Change the present °legal, nonconforming-use" status of the � residential dwellings in the neighborhood to a"conforming use" status. � . - � .B. Re-establ�ish the residential charactier-�of the neighborhood. � • � � -. C.. P�otect � the prop�extjr r�,gh�s- of all pXesent lando�ers as much ' � .�.. - �. � • . .. -'as -'possible,-- whi�e �promo.ting the_=residential:'de_veiopment--o� "the� �- . � . . .. . �. . . . � - neighborhood, . . . " - �. ' � . D�. Establish 'a zoning mechanisui. for� the � neighborhood that will `` � � � � � - � - • _ -- _ _ 'encrntrage .residexitial � i�yestutetzE'-aiid developaient' in �Hyde� •Park. .� � - ' -. _ 3. DISTRZCT.BOUNDARIES The Hyde Park Neighborhood shall be comprised of Lots 16-30, Block 5; all of Blocks 6, 7, 8, 9, 10 and 11; Lots 16-30,-Block 12; Lots 16-30, Block 21; all of Blocks 22,_. 23,. 24,� 25; 26 and"27; i.o"ts 6-10, B�ock 28, all_ of Hyde Park Addition; Lots 1-13,:Block 2;.:, Lots 3-4.,_ Block 8, and all of Block l, City View Addition in the�City of Fridley. - 4. USES PERMITTED A. Principal Uses. � � . The following are principal�uses "in the S-1 District One-farnily dwellings. -.;,,..- DISTRICT BOIINDARIES USES PERMITTED.-:. ��: - . 9/92 205.S1-1 7EE B. Accessory Uses. (I) Only one (I) accessory building in excess of 240 square feet is allowed per site. One (1) additional accessory building is allowed provided it does not exceed 240 square feet. (2) Any accessory building in excess of the above requirements (square footage or number of buildings) requires a Special Use Permit. (3) All accessory buildings must be permanently attached to a founda*_ion and may not be used for home occupations. (4) All garages whether attached to, tucked under or detached irom the main dwelling are considered to be an accessory building, (5) The following are accessory uses in the S-1 District: (a) Private garages or other accessory buildings. (b) Privately owned recreational facilities, such as swimining .pooZs, tennis courts, which are for the enjoyment and convenience of the residents of the principal use and their guests. (c) Home occupations including rentaZ of rooms for occupancy to not more than two (2) persons per.dweiling uniL_ ' � _: �: C_ Existing Uses_ - (i) Al}� exis�ing uses -will' be.: cl'assified 'as permit�ed` us�s � ' ': �' : � wi.thin, the .zoning district on the present pzoperty. wl�ich they.� _ � ' _ . . ocCuP3t • . • . . . - • . ' . . . - . ' . �• - �: . . •-.. . . - ` . . . . - _ . . - - - : • - - - . , • . _ _ • - . . ° . . . _ - :r:., � -(2) For_ existing uses. other than one (�1)� family dwellirigs, " -� � .� ..in the event that. the maii� structure is. ei-ther damaged or '. . �'` � - . . aestroy�a, �the -existing use 'will' be a�7:owed. to zebuild but � � � . � _ : . . shall : :zio�t�-. • e�ceeed : the.- s3ze . :-or -:.-Se=tb�cks: �� =._�he ��.-g�cisting .. �.� '= �: • • � _ -� � structures. Alterat"ions�may be made when they improve the . structure, .provided -they -w"ill not increase the number of � � . dwelling units, the bulk of the building, or enlarge the use. � � (3) Existing one (1) family dwellings that do not conform to �, . the conditions of this.Chapter will be al.lowed to continue as - � �'- a perinitted use. I:n .�the -eVent `that the .main' structure�- is- . � '_ . . •i� either damaged or destroyed, the existing use.wilZ be allowed _ � i to.rebuild to the setbacks of the existing building or to the. � - � al'��wed se�tbacks of �the :district: �Alterations -and=�aad�ition"s ' � ---- ' will be allowed when they improve the structure, provided they meet tt-�e required setbacks as stated in this-Chapter_ 9/92 7FF �� > .� . Y:- .. . � � � t5n� i:�: C n � . �OJ . S�'_L ��. � ) D. Uses Excluded_ The following are excluded uses in the S-1 District: (1) Radio or television antennas exceeding a height of twenty (20) feet above the dwelling roof. (2) Any use not specifically permitted in the preceding paragraphs of this Section. 5. LOT REQUIREMENTS AND SETBACKS A. Lot Area. A lot area of not less than 7,500 square £eet is required. B. Lot Width. (1) The width of a lot shall not be less than sixty (60) feet at the required setback. CoYner lots shall not be less than sixty-five (65) feet at the required setback. (2) Where a parcel of land is less than sixty (60) feet in width, but not less than fi£ty (SO) feet in width the side yard requirements can be reduced to a five (S) foot minimum on each side subject to the following conditions: (a) The distance between any attached garage or other accessory buildings is�at least ten (10) feet. (b) The distance between any building and the living area in an adjacent building is at least fifteen (15) a . . - : feet:. - . � � � - � . � _ LV�.LL.V�. LOT REQUIREMENTS AND SETBACKS � - . _ . -. (c). -The ctistance,between the liviiig_areas--in� any two___{2) . . . : � � ' � � � � � adjacentr�b�.i�.d,ings- rs'-•at�-ieast�:Lwe�ty ":(20); �feet�.. ' � . - ' ' ' _ � �. .�• : .. - . . �: .� - - ... ' �-• - . � -• -. - . - :• . - � - .. • -" : ' ,! C. Lot Coverage: . � � - - �. - . Not more than=�twemty-five=percent. (25$�_o:f_the�area of a lot shall_.., : , _ _ ' � be �covered tiy the_ main building ' and all accessory bu2ldings . -- . � � � � -. ' • � 9f92 D. Setbacks:� (1) Front Yard: ..A� front yard wi-tli a depth of. not less than� thirty-€ive (35) feet is�required. � � - (2). . Side.:Ya.rd: . - . _ . _ Two (2) side yards are required, each with a width of not less than ten (10) feet, etcept as follows: (a) �Where a house is bwilt without an:attached garage,; a minimum side yard requ�rement-shall be ten (10) feet on one side,. and thirteen (13).feet on �the o.ther side, 7GG 205.51-3 205.22.07. so that there is access to the rear yard for a detached garage and off-street parking area. (b) Where a house is built with an attached garage, the side yard adjoining the attached garage or accessory building may be reduced to not less than five (5) feet, provided the height of Lhe garage or accessory building on that side is not more than fifteen (15) feet_ (3) Corner Lots: (a) The side yard width on a street side of a corner lot shall be not less than seventeen and one-half (17.5) feet. When the lot to the rear has frontage along a side street, no accessory building on the corner lot within twenty-five (25) feet of the common property line shall be closer to said side street than thirty (30) .feet; provided however, that this regulation .shall not be interpreted as to reduce the buildable width of a corner Zot to less than twenty-five (25) feet. �b) Any attached or unattached accessory building which opens on the side street, shall�be at least twenty-five (25) feet from the property line on a side street. (4) Rear Yard: A rear yard with a depth of not less than twenty-five percent (25�) of the lot depth is required, with not less than twenty-five (25) feet.permitted or more than forty (40) feet required from the main building. ,. •• • - 6: BUII:DING .REQUIREMENTS - . - . •. � . _ - _ . - - - - BIIILIlING : . � - - - � - � � REQOIREMENTS .� � .-A. _ Heigtit.- �- ' . ' . - ' - . = : - - _ _� . - - ' � � : _ - - : . . _ . '� ... .' . � : �. . •--- : •: -'_,.::.:_ : "- .. . -.'. - ' : .-�:'.-:-; . . _ __.. _ .�� Nq building shall-�� hereafter • be �erected,�. constructed, -. -- reconstructed, altered, enlarged or moved, so as to exceed the � .� - �. .' � • t�uilding hei.ght �Tim'it` af tfiirty (30)- :f�eet: . �� `_ '' . - ' ` " : - :� . . . . . - . - . .. , .. .. -- -- B�: Minimum Floor Area.•' ' - . • • ' - • - . • - -- • . . A one-famiiy dwelling unit shall have a minimum first floor area of 768 square feet of living space_ 7. PERFORMANCE STANDARDS: A. Parking Requirements. _ . - (1)� At- leasL. -one (1)� aff�-street� parkirig �stall �•sha�l �be provided for each dwelling unit. ;� � . �;, PERFORMANCE `�. STANDARDS : -- (2) No parking stall shall be located in any portion of the - front yard,._except on a driveway or hardsurfaced parking .: - - f " space, approyed by the=-c�ty, and�set back a ininimum�-of�Lhree ' - _.(3) teet from the Side.'p�aperty .�l:ine, except .as agr�ec� to i,n.; . . writing by adjacent property owners and filed wi,th. th.e City_ - 9/92 7HH 2U5 _'51-4 _. - (3) A garage shall satisfy the off-street parking stall requirement. (4) All driveways and parking stalls shall be sur£aced with blacktop, concrete or other hard surface material approved by the City. B. Exterior Storage. (1) Nothing shall be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of-way except for stacked firewood, boats and trailers placed in the side yard_ (3) The City shall require a Special Use Permit for any open exterior storage of materials except for B above. C. Refuse. All waste materials, refuse or garbage shall be contained in closed containers as required under the Chapter entitled "Waste Disposal" of the Fridley City Code. D. Drainage And Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following ' minimum criteria shali apply: � GVJ. L.L . v� . (1) The minimum elevatian of finished grade shall not be less than one fourth (1/4) inch rise per horizontal foot of setback �- . - � measured from curb grade. ' � ' � � '. ' _ � : �.(2) ;_ The � Cit.y :may_spe�i€y.; � -ininimt�m finish�ti �groun� .grade fo�. : . _. . ` � � . ' . � �_ � _' -'any � structures -- =in' - order' � tb•-� allow � �� proper� drainag'e arid- ' ' ' . " ' - • �" connection to Gity utilities. " ' .. . E.. Landscap.ing. - . - � .. -. The following shal�l be minimum criteria for landscaping: (1) Sodding and landscaping shall extend across the entire front yard and side yards including the boulevard. .. (2) All other open areas of any site, except for areas used - '- .. : for parking; driveways oY storage, shall be sodded,.seeded or � -- have vegetative cover. � �(3� Ail uses sfiall provide waCer facilities to yard areas for maintenance of landscaping. (4) It shall be the owner's responsibility to see that. all =m�� -- ;. � requized landscaping is maintained in an attractive, well�kept. condition. 9/92 205.51-5 7�� '.. - .. <S) Al1 vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter and junk. F. Maintenance. It shall be the responsibility of the property owner [o ensure tha t : (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that gives evidence of long neglect. �2% �e protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural suzface against.its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: ia) More than twenty-five percent (25$) of the area of any plane or wall o n which the protective surface is paint is blistered, cracked, flaked, scaled or chalked away, ar 205_22.07 ' . ` Cb) More than twenty-five percent (25$) of the pointing ' of any brick or stone wall is loose or has fallen out. � i3) Eve j . ry yard and all structures, wails, fences, walks, 3 steps, driveways, landscaping.and other exterior developments f � sha�ll be �nairitained i�� an� attractive, we.11 kept _"condition.'.- • • ' ' • - � z -� . {�) - : . The . b,ouTevard •azea ' o � � . � - - � - � ' ; - ..- • nnaintai�ied �-'-` ''"- ` '' � - -. ��:-a-. Premises shall : he': �zop�ly =. � . ' , : &roam"ed 'and° �a 're� =' �or • by-`.the• � abuttin ' - •- • - ; owner: . .. • . . . . . - • � ' ' - g P�roperty- _ - - _ .. . - _ ,. G- Essential Services.� •- • - " " _ - � il) . Connection is required on each •lot •.served, b.. •.•. . � sanitary sewer. . . y. City� ' . . ; i2) Connection is required on each lot served by a City water line. 9/92- � w; �: - . '. : . .•1 . 205.S1-b 7JJ CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 7, 1994 CALL TO ORDER• Chairperson Newman called the September 7, 1994, Planning Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Dave Newman, Dave Kondrick, LeRoy Oquist, Brad Sielaff, Dean Saba, Connie Modig Diane Savage Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Martin Stapleton, Esq., 2300 American Bank Building, St. Paul, Minnesota Pat�icia & David Younkin, 5401 Matterhorn Drive N.E. Chuck McQuillan, Sam's Auto Buying Program Mr. & Mrs. Donald Copeland, 7981 'Broad Avenue N.E. Tim Nelson, Commercial Property Investments Monte Maher, 7965 Riverview Terrace N.E.. _ (8:25 p.m.) APPROVAL OF AUGUST 24 1994, PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to approve the August 24, 1994, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSI,Y. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP �94-10, BY DAVID AND PATRICIA YOUNKIN: Per Section 205.07.O1.C.(1) of Fridley City Code, to allow accessory buildings other than the first accessory building over 240 square feet on Lot 2, Block 6, Innsbruck North, generally located at 5401 Mat�erhorn Drive N.E. MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. „ UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLAR$D: ��:;� TAE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:36-�=�.M. `"-`'�`' ,: ,��.. : PLANNING COMMISSION MEETING SEPTEMBER 7 1994 PAGE 2 Ms. McPherson stated the request is to allow a second accessory structure over 240 square feet. The subject parcel is 5401 Matterhorn Drive N.E. which is generally located in the southeast corner of the intersection of Matterhorn Drive and Hillwind Road. The property is zoned R-1, Single Family, as are the surrounding parcels. Currently located on the property is a single family dwelling unit and an attached two-car garage. The petitioner originally proposed to construct a 30 foot x 30 foot detached accessory structure along the southwest lot line. In calculating the square footage of the existing accessory structure plus the proposed structure, the total would be 1,524 square feet. The zoning code permits a maximum of 1,400 square feet of accessory structures. Staff spoke with the petitioner on August 31, 1994, and he agreed that it would be possible to reduce the structure to 30 feet x 25 feet to comply with the code and to avoid a variance. The petitioner also indicated that vehicles, a boat, and miscellaneous items will be stored in the accessory structure. If vehicles are to be stored in it, a hard surface driveway is required. Ms. McPherson stated the structure should not block existing drainage patterns on the site. Any substantial grading for construction of the accessory structure would require a grading plan with erosion control measures indicated. A three-,foot side,,, yard setback is required by the zoning code, and the structure does not adversely impact the lot coverage. The structure is to be architecturally compatible with the dwelling. Mr. McPherson stated that staff recommends approval of the special use permit with the following stipulations: 1. The petitioner shall provide a hardsurface driveway by September 1, 1995. 2. The structure shall be architecturally compatible with the dwelling. Mr. Kondrick asked if there had been any objections from the neighbors. Ms. McPherson stated she had received one phone call which was more of an inquiry type of call. The person calling had no adverse comments regarding the request. Mr. Younkin stated he had no additional comments.� The accessory--��., structure would be placed behind a hill to screen as much as�,�, ��-.�-: possible. No trees will be taken down to construct the-ga�age`:� __::<�. : � PLANNING COMMISSION MEETING, SEPTEMBER 7, 1994 PAGE 3 Mr. Newman asked if the petitioner had talked to the neighbors. Mr. Younkin stated he talked to two neighbors. Mrs. Younkin stated she had received calls from two people who wanted to know what this was about. They were just inquiring about the plans. Mr. Kondrick asked if they had a problem with the complying with the stipulations. Mr. Younkin stated he had no problem. Mr. Oquist asked where the door and driveway for the structure would be located. Mr. Younkin stated the drive would be an extension from the current driveway and the doors would open on the side facing the existing garage. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:42 P.M. Mr. Saba stated he had no problem with the request: �:�� Mr. Kondrick stated he drove by the site and, with the down sizing and the driveway, he had no complaints. He saw no problems. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to approve Specia7. Use Permit, SP #94-10, by David and Patricia Younkin, to allow, accessory buildings other than the first accessory building over 240 square feet on Lot 2, Block 6, Innsbruck North, generally located at 5401 Matterhorn Drive N.E., with the following stipulations: 1. The petitioner shall provide a hardsurface driveway by September 1, 1995. 2. The structure shall be architecturally compatible with the dwelling. UPON A VOICE VOTE, ALL VOTING. AYE, CHAIRPERSON NEWMAN'DECLARED THE MOTION CARRIED UNANIMOUSLY. ' -_ ��' Ms. McPherson stated the request would be reviewed by-.the City"' Council�at their meeting of September 19. "= - - . . . . PLANNING COMMISSION MEETING. SEPTEMBER 7, 1994 PAGE 4 2. PUBLSC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP �94-11, BY SAM'S AUTO BUYING PROGRAM: Per 5ection 205.15.01.C.(2) of Fridley City Code, to allow automobile agencies selling or displaying new andjor used motor vehicles on Lot 1, Block 1, Vantage Companies Addition, generally located at 8150 University Avenue N.E. (Sam's Club) MOTION by Mr. Oquist, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:43 P.M. Ms. McPherson stated the City issued special use permit, SP #93- 08, to conduct auto, truck, RV, boat and camper sales. Sam's Club is a separate subsidiary of Wal-Mart Corporation. Sam's Auto Buying Program works with area dealers to provide specific automobile prices for members�of Sam's Club. The original special use permit allows sales at the Sam's Club site two times per year at a maximum number of three days per sale. Sam's Club has conducted its permitted two sales this year and are requesting the special use permit to allow a third sale in October. The site of the Sam's C1ub is University and 81st. The�=property#� is zoned C-3, General Shopping Center District. The original special use permit had six stipulations with which the petitioner complied. In reviewing the two previous sales in 1994, there were no reported events of traffic congestion, no problems with signage, handicap accessibility, and building and fire code regulations. There were approximately 40,000 invitations mailed in 1993 per event and approximately 400-600 people per event =, attended the three-day sale. Ms. McPherson stated, if this special use permit request is approved, the third sale would be conducted October 6-9, 1994, in the same manner as previous sales. A total of 25,000 invitations are to be nlailed to Sam's Club members for the third sale.� Staff recommends approval of special use permit, SP #94-11, to allow a third auto sale at the Sam's Club site with the same stipulations as required for SP #93-08, as follows: 1. The vehicle sales will occur no more than three times per year for no more than three days per occurrence. 2. The use of streamers, pennants, and flags is prohibited�,�. �==�:: : 1 PLANNING COMMIS3ION MEETING, SEPTEMBER 7, 1994 PAGE 5 3. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property, including staff review of the two story balloon and its location. 4. The petitioner shall obtain a temporary building permit and shall comply with Article 32 of the uniform Fire Code. 5. .'I'�e petitioner shall insure that handicap accessible bathrooms in the building are available. 6. The petitioner shall provide a traffic management person to properly control traffic on site and to prevent problems occurring on 81st Avenue and the frontage road. Mr. Kondrick asked if notification regarding the sale had been sent to neighbors and if there were any.comments. Ms. McPherson stated the required notices were sent to adjacent property owners. She received no phone calls in response to the mailing nor have they received any calls regarding the actual sales as they have occurred. Mr. McQuillan stated the attendance of 400-600 was from 1993. This year, they have down scaled the mailing list to 25,000 pieces per event. They are attempting to get the dea�ers to go back to_two sales per year, but the dealers wanted to try a third- sale this year as long as the City agrees. The dealers�'have been very accommodating, as has the City, and they would be very appreciative to be allowed a third sale this year. Mr. Kondrick asked how many automobiles are planned to be displayed. Mr. McQuillan stated there would be approximately 150 cars - displayed. Mr. Kondrick asked how many persons they expected to turn out for the event. Mr. McQuillan stated this is difficult to project. The actual number of people who attended by invitation were half the actual. turn out. The other half were people who were shopping at Sam's Club on a regular shopping trip and stopped at the sale. Mr•. Kondrick asked if there were any problems with complying with the stipulations. Mr. McQuillan stated no. �; - Mr. Sielaff asked if the number of cars would always be 150. C% � PLANNING COMMISSION MEETING, SEPTEMBER 7, 1994 PAGE 6 Mr. McQuillan stated he thought 200 cars were displayed last year because they had two dealers. Even then, they did not use the amount of space in the parking lot that they had intended. They plan to have 150 cars displayed at this event. Mr. Saba stated the request includes RV's, boats and campers. Will these also be displayed? Mr. McQuillan stated the sale has been strictly autos. The buying program is expanding its operation into RV's, boats, campers, etc. If we expand in the future, this will allow them to do so and he would like to retain this, if possible. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:50 P.M. Mr. Kondrick stated he had no problem with the request. They have been a good neighbor and good to the city. There has been no past problems. He would recommend appraval. MOTION by Mr. Sielaf.f, seconded by Mr. Oquist, to approve Special Use Permit, SP #94-11, by Sam's Auto Buying Program to allow automobile agencies selling or displaying new and/or used motor ,: vehicles on Lot l,''Block l;`Vantage Companies Addition,-�generally located at 8150 University Avenue N.E. (Sam's Club), with the following stipulations: 1. The vehicle sales will occur no more than three times per year for no more than three days per occurrence. ; 2. The use of streamers, pennants, and flags is prohibited.=• 3. The petitioner shall compiy with:the temporary sign ordinance for all temporary signs on the property, including staff review of the two story balloon and its location. 4. The petitioner shall obtain a temporary building permit and shall comply with Article 32 of the uniform Fire Code. 5. The petitioner shall insure that handicap accessible bathrooms in the building are available. 6. The petitioner shall provide a traffic management person to properly control traffic on site and to prevent problems -~s'- occurring on 81st Avenue and the frontage road. ""`.� ::;�. �.... �,. , �_Y; - UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. :. PLANNING COMMISSION MEETING, SEPTEMBER 7, 1994 PAGE 7 Ms. McPherson stated the request would be reviewed by the City Council at their September 19 meeting. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #94-12, BY MONTE AND MICHELLE MAHER: Per Section 205.24.04.D of Fridley City Code, to allow construction in the flood fringe district on Lots 16 - 21 with exceptions, Block W, Riverview Heights, generally located at 7965 Riverview Terrace N.E. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT.8:52 P.M. Ms. McPherson stated the petitioner had not yet arrived. She recommended they table discussion to allow the petitioner additional time. MOTION by Mr. Kondrick, seconded by Mr. Saba, to table the public hearing for consideration of Special Use Permit, SP #94-12. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. �-. _ _ ��, 4. LOT SPLIT REOUEST, L.S. #94-04. BY DONALD DOLAN: _ To split all of Lot 6, Auditor's Subdivision No. 78, City of Fridley, Anoka County, Minnesota, excepting the South 200.0 feet of the east 363.0 feet thereof, as measured along the East and South lines of said Lot 6, generally located north of 59th Avenue, south of 61st Avenue, and west;of,Main Street. � Ms. McPherson stated the petitioner is Mr. Dolan of Parson's Electric and the owners are Lauren and Gertrude Simer who owned what was previously known as Simer Pump, which is now Parson's Electric. The property is located generally at 60th Avenue on. the west side of Main Street. The property is zoned M-2, Heavy Industrial. This request is unique in the fact that the lot split as requested will not create a buildable parcel. The purpose of the lot split is to split a piece of property approximately 13 feet x 200 feet along the common property line where the existing driveway and concrete curbing of Parson's Electric property encroaches onto the vacant property to the west. It encroac�s �:�;:. by approximately 8 feet. To resolve the matter, the two parties have entered into an agreement by which Parson's-�Llectric would : � PLANNING COMMISSION MEETING. SEPTEMBER 7, i994 PAGE 8 purchase the 13 foot strip from Commercial Property Investments, Inc., who owns the property to the west. Ms. McPherson stated the parcel would not represent a buildable lot and should be combined with the Parson's Electric property. Mr. and Mrs. Simer have agreed to include the 13-foot strip in the contract-for-deed so the parcels can be combined into one parcel as soon as the lot split is approved. Ms. Dacy stated the legal description shall include the 13 foot x 200 foot strip in the contract-for-deed. Mr. Newman stated the stipuiation can be included that this strip will be combined with Parcel B in order to create one tax parcel. Ms. McPherson agreed this would be appropriate. Ms. McPherson stated the proposed lot split would bring the concrete curb and hardsurface driveway into compliance with the five-foot hardsurface setback requirement from the newly created west property line and would eliminate any encroachments or nonconformities. The sale of this strip does not adversely� impact the parcel to the west. A second stipulation which requires the dedication of a 15-foot bikeway/walkway easement_ should be amended. The Simers previously dedicated a 12-foot bikeway/walkway easement along their portion of the subject;° �, parcel. However, an additional.easement along the vacant. property to the north does need to be dedicated at this'time for the Main Street bikeway/walkway project.. Ms. McPherson stated staff recommends approval of the request with the following stipulations: ' 1. The 13 foot x 200 foot parcel shall be consoZidated with>-, Parcel B creating one tax parcel. 2. A 15-foot bikeway/walkway easement shall be dedicated adjacent to the Main Street right-of-way.from the'northeast corner of Section 22 to the southeast corner of the Dolan property. Mr. Stapleton, attorney for the petitioner, stated one of the problems that he thought had been resolved that apparently has not been resolved is that the petitioner has already created.the 12-foot bikeway/walkway easement. The Simers as owners of the property have refused to dedicate any more property beyond the 12. feet. It was his understanding that the 12-foot easement had a-��; grandfather clause. :�:�,�,. �: Ms. McPherson stated staff spoke with the Engineer`ing�Department. They are fine with the 12-foot easement that is existing on the : PLANNING COMMISSION MEETING, SEPTEMBER 7, 1994 PAG$ 9 subject parcel. At that time, 12 feet was the standard easement. It is now 15 feet. She stated that the City has been working with the attorneys for both parties and, she believed, they are researching an easement along the northerly "leg" of the L-shaped parcel. The City is fine with the 12-foot existing easement from the Simers. Mr. Kondrick stated stipulation 2 stated 15 feet and asked if that should be changed to 12 feet. Ms. McPherson stated the stipulation should be re-written stating that the 15-�foot bike�ay/walkway easement shall be dedicated adjacent to the Main Street right-of-way from the northeast corner of Section 22 to the northeast corner of the Dolan property. That would eliminate that portion that the Simers have already dedicated to the City. Mr. Stapleton stated he had not talked to the owners of the large parcel that are conveying the split. Ms. McPherson stated they are aware that this has been a request and stated they are researching their titles to see if they have dedicated the easement already. Mr. Nelson, Commercial Property Investments, stated he had a question regarding the proposed bikeway/walkway easement. Is ��< there an existing pathway or sidewalk along Main Street?r Ms. McPherson stated there is currently not a bikeway in place at this time along the strip from I-694 north to. 61st. However, Anoka County and the City of Fridley are installing a bikeway south of I-694 along the west side of Main Street. It is in the long-term bikeway/walkway plan to connect that strip up to 61st. ,. Mr. Nelson stated he can see where the issue arises with respect to the parcel to be conveyed, but he is not sure he sees where is� arises with respect to the other two parcels to the north. It seems it would be more appropriate to deal with that easement at such time as there is some application with that property. He understands the City likes to get the easement when they can but he did not know if this was the proper time to ask for an easement on those properties to the north. Ms. Dacy stated she was familiar with the properties. Staff were initially confused as to whether the lot split pertained to the three lots because it was under one ownership. What they would like to do is to evaluate this and report back to the City -=°�-� Council on that. She understands Mr. Nelson's position thai�he � abstract is probably already identified as a separate-PIN number. �� PLANNING COMMISSION MEETING, SEPTEMBER 7, 1994 PAGE 10 Mr. Nelson stated he is not necessarily suggesting he disagrees in concept or in actuality. He would prefer the opportunity to review this in more detail, He first heard about this when he saw the draft planning report. There will likely be a green strip in front anyway, and this would have no impact on the use of the property. Unless it is required as part of this application for the two parcels to the north, he would prefer not to include them. Ms. Dacy stated what they need to determine is what is the resulting description from the lot split. She thought there were three PIN numbers and this is more of a detail issue that staff will have to work out. Mr. Nelson stated they support the request for the lot split. MOTION by Mr. Oquist, seconded by Mr. Saba, to approve Lot Split, L.S. #94-04, by Donald Dolan to split all of Lot 6, Auditor's Subdivision No. 78, City of Fridley, Anoka County, Minnesota, excepting the South 200.0 feet of the east 363.0 feet thereof, as measured along the East and South lines of said Lot 6, generally located north of 59th Avenue, south of 61st Avenue, and west of Main Street with the following stipulations: 1. Upon completion of purchase, Mr. Dolan or his successor shall consolidate the 13 foot x 200 foot parcel with Parcel ,; B creating one tax parcel.- •` 2. A 15-foot bikeway/walkway easement shall be dedicated adjacent to the Main Street right-of-way from the northeast corner of Section 22 to the southeast corner of the Dolan property. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLARED,. THE MOTION CARRIED ONANTMOUSLY. Mr. Newman stated the City Council would review the request on September 19, 1994. 3. (Continued) PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #94-12, BY MONTE AND MICHELLE MAHER MOTION by Mr. Kondrick, seconded by Mr. Saba, to continue the public hearing to September 21, 1994, and to request staff ta re- notify all concerned parties. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED - THE MOTION CARRIED UNANIMOUSLY. -� . «�:: .. 5. RECEIVE THE MINUTES OF THE HOUSING & REDEVEIAPMENT AUTHORITY MEETING OF AUGUST 11, 1994 : PLANNING COMMISSION ME�TING, SEPTEMBER 7, 1994 PAG$_11 MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the minutes of the Housing & Redevelopment Authority meeting of August 11, 1994. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. 6. RECEIVE THE MINUTE5 OF THE HUMAN RESOURCES COMMISSION_ MEETING OF AUGUST 11, 1994 MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the Human Resources Commission meeting of August 11, 1994. IIPON A VOICE VOTS, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANiMOIISLY. 7. RECEIVE THE MINUTE5 OF THE ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING OF AUGUST 16, 1994 MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the Environmental Quality & Energy Commission meeting of August 16, 1994. � - OPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN-DECLARED ` THE MOTION CARRIED IINANIMOUSLY. �;, i.� 8. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 23, 1994 MOTION by Mr. Kondrick, seconded by Mr. 5ielaff, to receive the minutes of the Appeals Commission meeting of August 23, 1994. UPON A VOiCE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN-�DECLARED`�: THE MOTION CARRIED UNANIMOUSLY. 9. CONSIDER ELEMENTS OF SOUTHWEST 4UADRANT DESIGN REVIEW PROCESS Ms. Dacy reviewed the properties considered to be part of the southwest quadrant. The City Council and HRA have not yet come to a conclusion but they are evaluating the option to significantly rehabilitate the apartment buildings or the option to acqnire the apartments, relocate the tenants, demolish the buildings and gain additional acreage.. That decision should be made fairly soan. Between now and November, there will be two processes going on at one time. The Planning Commission is beingr�r_ asked to look at how the development should be designed and ow ; this should look. At the same time, staff will be�wor��ing w�° � developers to solicit interest in owner-occupied.;�vwnhomes or, perhaps, apartments for empty nesters. : PLANNING COMMISSION MEETING. SEPTEMBER 7, 1994 PAGE 12 Mr. Kondrick stated, regarding the senior apartment building, there is a high-rise on Central Avenue by the car wash. It was a senior building for many years and then it changed to open housing. Since that change, there has been an increase in crime and problems. Is there a way to insist that this will remain as originally intended? Ms. Dacy stated this can be controlled to a certain degree. Housing for seniors and/or empty nesters does not necessarily mean a high-rise. The taller the building the more room that is needed for parking. Staff are thinking of 40-60 units with a building three or four stories tall. Mr. Kondrick stated he has talked with friends about townhouse developments and they want to know what kind of money this will mean. There are concerns about this being low ineome and that this may turn into something that we do not want. Mr. Saba stated he has also heard similar concerns. Ms. Dacy stated this is also a concern of the Gity Council and HRA. The minimum value of the homes being considered is approximately $90,000. They want this to be a quality, development as part of the downtown area. Mr. Kondrick stated he has concerns also about multiple owners. Mr. Newman stated he thought one must look at the market place. Multiple owners can purchase a single family home if they qualify. They must meet the requirements just as others must. This is the same opportunity as with single family homes. Mr. Kondrick asked if they could recommend that this development be of a higher quality or higher caliber to maintain this as a. quality development. Mr. Saba stated he is concerned also that this particular location may not appeal to a developer. If we cannot get what we want and have to take less than we want, how much less are we willing to accept? Mr. Kondrick agreed that this could be a good development if it is quiet, well planned and well developed. There is access and this is a convenient location. Ms. Modig stated, in order to be an attractive development, they will need to acquire the apartments also. With the apartments there as they are, this will not be an attractive area. �_ Mr. Saba stated he thought the raiiroad tracks wou-ld also have an effect. Residents need access to the river or to a park area, : PLANNING COMMISSION MEETING SEPTEMBER 7 1994 PAGE 13 and he didn't think you could get that with a shopping center across the street. � Mr. Kondrick stated he thought this could be a quality development but it will take some dollars to make it an attractive area. Ms. Dacy stated there are two processes going on at the same time. The Planning Commission is to review the consultant's site plan and the architect will bring forward some designs. Concurrently, the HRA is concerned about market issues. Staff have talked to developers to address the site, and the developer is asking some of the same questions. Hopefully, when the Planning Commission is done, the HRA will have a short list of developers willing to work with us on the design issues. What we can do to make this better is the intent. She thought the City Council and HRA agree with the concerns expressed here. Mr. Kondrick asked the number of units proposed for senior housing. Ms. Dacy stated the senior housing would be 40 to 60 units. The other issue is to try to get the density on the townhomes to be �attractive to a developer and_at the same time generate the tax increment base_for the HRA. The townhome developers would like. to have a11 10 acres. This is one of the few sites left zoned R-. � 3. , Mr. Sielaff asked if there was a determination of need for senior living. Ms. Dacy stated a study done in 1991 showed the immediate demand for 10 years was about 200 units. The Westminster project is aimed at low income seniors. Mr. Sielaff asked if the proposal takes into account the need. Nis. Dacy stated it does not satisfy the entire need but it does address the need somewhat. Mr. Oquist asked if Ms. Dacy had an idea of what affect that may have on a townhouse development parallel with that. It seems to be based on the size of the area. Ms. Dacy stated the reaction from developers has been positive. They would like the entire 10 acres, but the uses.,can co-exist. Mr. Kondrick asked, if the apartments were to be acquired, t17,�- , overall acquisition costs would be increased and this-=would a1`so have a bearing on this . �'�� : PLANNING COMMISSION MEETING. SEPTEMBER 7, 1994 PAGE 14 Ms. Dacy stated this is a decision to be made by the HRA and the City Council. The Planning Commission should try to focus on the exterior designs and �ook at a site plan. Also, conduct a neighborhood meeting. Mr. Oquist stated the timetable is tight. Ms. Dacy stated the HRA would be selecting the short list of developers in October. Staff would have the�rest of October to work with this short list to see if one developer will work. The schedule is aggressive. She hopes in two weeks to have someone at the meeting to present some comments. Mr. Newman recommended having two meetings. One of the key events is the Parade of Homes. If this could be done by next fall, this event would help. The City does not want to force a bad product and will take the time needed. Ms. Dacy stated the architect will look at the exterior of the buildings. Staff have asked for three alternatives just to start Iaying out some concepts and asked members to try to visualize how they want this to look. This will be included as part of the next meeting's agenda. 3. (Continued) PUBLIC HEARING: CONSIDERATTON OF A SPECIAL USE PERMIT SP #94-12, BY MONTE AND MICHELLE MAHER .: G��:': �� . � . � ' . . � .. . . .. � . . � . � �', , Mr. Newman stated informed the petitioner that the Commission had already taken action to table this item until September 21. Because there were persons attending the public hearing from the neighborhood, he would stand by the motion to table the public hearing. The Commission directed staff to renotify the neighbors regarding the request. ADJOURNMENT � MOTION by Mr. Oquist, seconded by Ms. Modig, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CiiAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE SEPTEMBER 7, 1994, PLANNING COMMI33ION MEETING ADJOURNED AT 9:50 P.M. Respectfully submitted, - � U�� G� ., � ... Lavonn Cooper _ ��`"'` Recording Secretary "=-�"`�� : / S I G N— IN S H E E T Wednesday, September 7, PLANNING COMMISSION MEETING, 1994 ...�-�,.- : � p . . . . r � _ � DATE: TO: FROM: SUBJECT: Community Development Department PLA►NNING DIVISION City of Fridley September 15, 1994 � William Burns, City Manager�,�� Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Special Use Permit Request, SP #94-10, by David Younkin; 5401 Matterhorn Drive N.E. The Planning Commission reviewed the request to allow a second accessory structure over 240 square feet at its September 7, 1994 meeting. The Planning Commission voted unanimously to recommend approval of the request with the following stipulations: 1. The petitioner shall provide a hardsurface driveway by September 1, 1995. ��. �? 2. The structure shall be architecturally compatible-with the dwelling. MM/dn M-94-539 � �: '1 I ;� i� STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date : September 7, 1994 City Council Date : September 19, 1994 APPLICATION NIIMBER: Special Use Permit Request, SP #94-10 David Younkin LOCATION• 5401 Matterhorn Drive N.E.; southeast corner of the intersection of Matterhorn Drive and Hillwind Road. REOIIEST• To allow a second accessory building over 240 square feet (900 sq. ft. ) . AxALYSis- Located on the property is a single family dwelling un'it-and an attached two-car garage (24 ft. x 26 ft.). The property is zoned R-1, Single Family Dwelling as are all surrounding parcels. The petitioner is proposing to construct a 30 ft. x 30 ft. detached accessory structure in the side yard. With the existing garage, the total square footage of all accessory structures will be 1,524 square feet. The zoning code permits a maximum of 1;400 square feet. Staff spoke with the petitioner on August 31, 1994 and he agreed to reduce the structure to 30 feet x 25 feet to comply with cade. The petitioner indicated that vehicles, a boat, and miscellaneous items will be stored in the accessory structure. If vehicles are to be stored in it, a hardsurface driveway is required. ** Stipulation** The petitioner shall provide a hardsurface driveway by September 1, 1995. The structure should not block existing drainage.patterns on the_ site. Any substantial grading will require a grading plan_with_�- erosion contro� measures indicated. - �:.-: - _�- :_]_�r 5taff Report 5P #94-10, by David Younkin Paqe 2 The code requires a three foot setback from the side lot line in the rear yard. The proposed structure does not impact lot coverage. ** Stipulation** The structure shall be architecturally compatible with the dwellinq. RECOMMENDATION/STIPULATION5: The request does not adversely impact setbacks, lot coverage, or site lines. Staff recommends that the Planning Commissian , recommend.approval of the request with the following stipulations: 1. The petitioner shall provide a hardsurface driveway by September l, 1995. 2. The structure shall be architectura�ly compatible with the dwelling. ' PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations.-as � recommended. CITY COIINCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. - `�;.: - _ .;�,:._ _ : � SP ��94—]0 David Younkin k i v� � • � �,j-. � � 7 � �':, l�" , .� - T � � a � s '' _ �G � �,r-y;C� , � „s � : ;'; � t�� -� .�� b + � . ..�f A � , t �Q ` � � � Z . � f . �l ��a r� A, � � (�'� � "' � �� ♦ \ f �• /�Lil�i�/ � / . � ��`,1 � t` �I �� •� ;.,��: � t � G .�N ��,, �bj-�. �� v, „ � i�� ti�� , � � � C 1�,,, � E..� t.,. � '" , " l t1) (3� i � ` �� r �� 0 * �L� �/'F� �� P� �� ► � t4'� � � L��ir j� �-�, 1�..�i ' _ _ �! , Z , !� �d`c � ` """ � M� P .d E.� s - � �r� � �� .�� .,r � •, � s ,� ��n � �, � ,�� l� � � ' � �. .t�� -- �; $ .s <.. ' i , �, 91��. �. � V s z jj��l .�1� � .� �.,�r �► � y. �' � , . K' 3 �'� �ilr'b� ♦ �� C� �� : � �� ♦ •C � � 'J/i �.�t/.f1 �+ � ; �`� i .� •ii �� _ .. - �; ��,,, � � �)a j�-� } �(�� . ' r�� , t�=F(�` ,� 9��f � r�� " � ; yi .� t��i�'' - .�r" ' �.+�� l % . � ' ,� - (�% ��+ � 'r,�.� �' r - . �,� � �/ .�r (�' .� !� 7 . . �.�wr1.i�.4�srf Z EI �11� � 't �i /..� x ' , � �� . �. ' � A�.w7 ' � .r.�r.%irwT.K •'s 8 /� ♦ ' ./d ,C' - iit� � fi�� ,�O�l.ly ' �. ' � � I s ;t�a • rns �`"�� "`` � ; � , , ' � s� ��i � �p � � � /� . �% � � � i, c�) < <a� ''° _ � -1_ �j � • � �C' ./ '�'' �- ' s! • �f% . '� (; �'� . ;�a�__ `� ,� � ''. /�;n- '�--.-_` ,,,4 Ia � • � -• _~•~-1� �X��'sI� j � a� � �P r.r- " s► = 6' �``_'_`�_ ~ i � i�� -?� .< �'�- ' �' "�� °.. /� tfl% � -�► ai� : , t t � - t � !�) ' ' /b � .- i � � � _ � - � �j� rt- -''�•st �,' �° � t � - - -- �. - �,,,� %� '� � _ �-n`"' `� i � is ; ,,.,, � ' �' �� ~ �• �, � � --- � � �1 � - -- � t 1 s��f9ii------ i l`��—'i � i � 1 f�� , _, � � � — - �4t �d � � � � . •�'; ..�1/s" �i • � , ' _ 'r O� �) a .• � �r f ,lZ, - �I , � -�� - ~, . _ -- _ � �t- '."—�! �� (� � -� �' .�'` = " fi � � Z.` � �ii �� ry'� w..rr.t[. ti 1i�� . VO. 4 � �-�� - �- - 1 C � �� , -�__ BS _ ., _ __SL :�.s - ' �?��-xi—�. —''---- . .. � 8R LOCATION MAP � SP ��94-10 David Younkin � �� scrv-� P �3 G� L _ - • . � Z1 i F3, �, �'� �'-� - _ Jti,,o �S� _ - �'�qf�D�N,Sf . . � v�.3 m a � � i.a � , \ '�Zy„ ,e I ( I z'. �' � GARD IJ A p 'Q � z ' J �� 3• 1t �/ r: �- ee t� u� � � 2E 3� 3 • -3 �- �- - � - � T � . A z9 ' l . W 3 P j � i ° 7 6 i ' � � - 3 . k 3S �9 Q � • � q ` 3B � i • =3 ' � s, • �. ,� � s G�ACE H/GH -- � a� ° �a� ,_ ��r , , � i ' 2 , 3 �' ' �3 z z 6 3�-�,. � , �,,'' � ;� B � ,r _ ; �2 / . ,. �3 , 5` � � ' :� `'' y ` � ` B SCH�OL ADO/T/ON ' J � N 'tq �; ��;. , '-` -- '- ,� �,� � �� P K s F4"'r� 'i, r � - �` c• ?- i� . T ` / . ` .. � v �� -- , .- _ Y � .. � B ,G _ ,Z 1 � � � — � � : �. 1 ; . �� / % i3 � a � , `� � ' � � * �\. . . %C,L ABGESK � 4 ' . �(- �� : - � - - �- . : . -� --•—a�,----- --- �..,. 3R0 A00 l, ° ' . d .;T I3o ,i�j� 1[,37 78�39;4c�4�'�Z / �Z 3 t p!L 7;6 u �.._,��Ir ,� �//4^k� )___ < • • • R ��e �� i r; .' � � 4 � . i � •• a •�• ATH Y AN y - �e Z r� � .;� y B �c : a � 2 , �, .2 % ORT • • .��'. � 23 Z4 �E � i2 � 3• � ••• ,/ 3 1 �' S � P � • •• ii1io . 9 � B ��lV ��i - Z �� I+j � �` . '� t� • �• • okIVE 4 ,s , �3' ' j 's „ � 9 % ; z , 3 • _ •�� E • r,2;i B H�/ lVlr :" t �c 4 RTH / �i �Z� a �. � 8• 9 ��• � �' �. 5 5 i � � N$e �� g y a� • ��- ' .�` .y � fr 3 5�/4 R�C/(. � • � ' j L �Nf • � � � :` Z �l� � � =� Afl rf 3� " ' x ;s I, aq �� o �, ., � 5 ; ' ��l .,/ y.�...►- ,, �N � 4. � 1 , � ` : � 2 i . � �. •.. - . ,; � . ; � . ; ; s� , '�_ �o , s �� : � • s . � . . r � �j . �i � � E` 3 U 6 Ir p N 4 3 }` i: b��° •• -�i�� V� � � y - – K = � T ' S A ' � ." • � • • • ' • _ _ :� � , ,3 a a . --FARR. , =,,��__. 5 � . b . ,� . �;�.'. . • n 4 � ` •f� �` • • SIZ '=A:�•}. �pPNj LAKELA D� � ' i1 ., T I ` ."�:� � `' �. .� �t � ' .� . S�ER r . z _� - - , �aa � � ,;,� ^ . : � i S . �at . ,6 ti� �_ 'P�R .� HEI�HTS ( Ch > n � � . �, •�� • 6:: !�� •�• � ' ° Church �3 �' � � ,� `� • - • • • • � - —Hr[l z ��• • . • '� �� ' , `� S � � / _�^_ 1 � L� � 1 ` Qy • �'l� ��__ •� • . A, ��__�i .. . � '0 � ��tl .` �j• • �3 .��?< • � �j .. � � �-� � . . .. i . . -s . J, :�y • • ; � � i7 --� �Y� 69 �-==--'� � � ..�� • :�: � 4 i ; �� e s . � ;s « . o:•'s�:?.a:�: _ - - _ -i � . . . .� .�� . .. S � �'�'``S _ _ _ , e � .. . , ' - . . , u r � - -- _ , - - - . . � ' =�} "f'� T i G _ �� - - W - '--'� � S n' , S�p, � >I �'`_---.....` - . � ' -- ---� ` . - �_;J� ` SKY1kC�v� �AN= c�RC�E .v. ` -- .�—.--1 a_ , ..d - vJR _ tJA�ER C� _ ` � jr� � � '---�-��.� /i�� . _ _ ci�ae • � � � - _ .r _�.�. _> � � --i-- DISTRICT LEGEND JJ Rv -xvcirivC n:L. - - ----- --- - �� Z/y ' K , �C �„ a .'q �� S p-� ONE FRMILY OWG'S ❑ M-1 LIGXT INDUSTRIAL '�'`^'.. ❑ � ' , e. � . " t; : -�,� q 1, U% �3 � p-2 TWO FPMILY OWG'S ❑ M-2 XERVY INOUS f .��,,;�� N-3 CEN. MUITIPLE DWG'S 0 �� VUO , p4�NNED UNIT•DE 'r � /I t ,. i Z1 ,6 ' �. . " F. � 7 :. . . � � / � --: Z - ' , • " H R-4 M081LE HpME PARK ._.G1�^5-7 ,�YHYDE PARK NEIGN80RHOOD � __ � : • . ' ,� � 4` � -«_`_j Q _...�_ __— �� '� � P PUBLIC F/CILITIES �7 5-4 REDEVELOPMENT DISTN�CT � �,f� 1� � I z ` � , TR C-1 lOCal BUSINESS G O-t CREEK 6 HtVER PNESENVpT10N � � 9 �r "� L'� � . � C-2 CENERA� BUSINE55 � � O-2 CRITICAL I1qEA .. �b � C-� GENEN�I SHOPVING � \ � �� L- � _-- ` C-N1 GENERni OfFICE � VpCpTEO STREETS - �,-, . ` l ' , - ' . . A V ZONING MAP � .., .......o . ' Givif Inqine�ii�y MuniciPo! Engi.re.��y SP ��94-10 � David Younkin �� I �/I/II'!'!I/�I/� •��. nn��,. SSa32 ` T�la•phonr 780-606A EnKineers & Surveyors ++•�p coae ai2 Mor•tgage Loan Survey for DAVE_�OUN�iC1N ; � � � 3 s.00 � , � �p .�' .. 40 i ' 0 --}`.K�--- � 4�.� �' � ' , �X�T�Nfr I � ti R j Q O I �ib�SE � � � 1 � � i-- 4�•:; -- .� � E � L_ , . ✓f ._._ ' � !oi Y O� � �� i � � y t �' � � � � � � � . ; . IOA ; � C�11(bE . ; ; i � � ; O z � ,.. - f�� Z 8.36 :;`��`'� I �.� �� i � -F- ��" � � � . � �p�� . �� -AG- � 4=- -- — --1-' ' -� � �� .* o.� — t�� '�; . , f �� _ �. _��. �. , . . .. ,: -. � ,, ... -:� ti . S . �-.. , , _,., , �._ ... ._ f � .�� ..._ Q � � � � � ` , �• f �� I � E�y • " ( - 1 r` \_l � . � ! -'--�. C� � lY1 ,� �' � � I , � _ � ,P.� � ; � / � �` ! )oA �o� iy, -'� �/ �� ti� � + .N - — — - C��r,-.t _ ,:�� :" ... .. - � �.� �� i',-+,, �-�<<-..-. f��-�- C:� . ,: .QT 2 �L0�1� � INNS��UCK R�-IORTN � 11ii�.�..'K � ,JQII.YI��/ . . , / _ _.t:,,�., � . Tti�s :s a t�ve and co.�.r<� .ap.rsrntat�oa oi a��rvey o} thr boonda.�a• o� �be laod nbove d�a<.:bed o[�f f1�e "�` loca�iOq p� p�1 bvildings� �i any� therron� esod aU �vis�blt encioochmen�s� :f ony� }�om or on sa�d;fohA Thie sWv'�Cr H ..('v mode o.dy in coenac�ion with a morrguye loo.. .+ow bving -placed on eh� prope.�r._on��a fiabi!',ey �s a�sumrd - L�'^�excsPf to f6� holder o1 wch mortgo9e o� any ofhcr :at.••es� ocqa:.ad br fhc •roson'o1 f�e6 mor�gayr. It �s 5S uwder�food a'+d oyrred�vj mon��nr fti uvr been �ced fo. thv pv•posr o( eeto6��shing �pt linas o. boundary co�w�rs. Oat�d th�� L- day o1 t• A. O. 1a� . SUdURBAN ENGINEERING, INC. � , � ii�G�.� � i 1��e� fng�..�f� r. �.-� S�•r.eYOrs.� w rt .� . 8T EX1STiNG SITE PLAN SP ��94-10 David Younkin 8U PROPOSAL t: � k...�y «�� * lr�-� � ; ' �� x r roHn �� i 7 }i�� t t;.' � t� r i-'.��b�Y Y W � } , :�� C'r! � � j� _� h " ��,� � �- � "' ; ,� G �y,4 �a,"�'' r�" <-.:�:.': � �. � :::: , ��K� %� � � � e t�= , < < � � `.} *s ._ ,}�,�� . Y � , � x: - v z , . ` , y.y t � � <; � , t ,: �. i'1 �'� il f �py'3 .ej Irt . i„4 ?'. �t: P t .11 � L `�..""R€tj.`...�A d � : � • h . ',' `�,�' �'� 4 � fF � � ' . � n�. �,: 1 kt, j v r� ��s , o .vj�,� ip.....� �y4 � ,�'"i�+. t, ; `�.�'• �a, �y +,� i ��qyY�.'/�.?�= L?"?t��".�`.�7c�.�.: ��.�� , . .. . � ._.i. . � �Y�.. _ .�f��i 'C• -� j_ "s'�, N i r �'�ti ti� `-�, � { y� U r r .f��} s: � � 6..'"'�� ryf�_r� � �. ( t� r� - � 4� '� iA a'•'J' « � � • . � t� �r � -�' �� i :.� � .. �� 4. ^�� 1. .� '3 - ._ ( e �, k r� 9 ,y i� . ! �. . . L SS^..�,.� D' � � .. � � 2.. . �'�,. ��}.�.;'�� . Z' . 1 � i - , � � . . . '4Sli'� 7 , . 9�' , . '�t � : , .- .., t- '_ �� L ¢ � � � � . % ' . . � . � . . . . . �• , , . _ u.' �.. 4 ; . , ✓.: . . , . r ;� �i. � � . �_ _ , :- ' ., � .� t, �r �-:�r ti - � Q Y ,. - . . � . � . '. . . . � ..:%� , ; f ', • �! . a � !�1'��. . � . . . � : . ' ♦ . " t � y. ' .r � �� . .2 _ , � . . 1 � . , � ^i x .;, :�.' , ...�.. • •,�,K � :p' }� � , � ` . .. . . . . � .. - . . . � 1 •q�� /� , v . . Y� • • . • . � .. ' .. ' . . , . . ` 4�`�., �. `�`V% ' � � . � . ' _ � �� -� :. " � w - . i � � � . . . � � . M1 . . . , 1 � � � ��- Y . y . . �- � " 's` .. , �� `, �y .. Rrr � ? 5��, . - �t " � � . � . � . ,•�� y�"� I . . q. � [ � �}� � . ' � � . �` � � � q .�. �, � � � -� ,/ r` � +, , � . �� 9 7t- { 3 S � � � K'• . . �4 E �� . . _ � . . . .. �` � ,4�.: t .,ra . ' _ ' , , t } ° ti_.. ` . ,��. _ i; " . , :.;._ r ` � ti ::; . . ,� - . � _ ' 'F. ,. - . . . . . . ' - . . � - . R'' � :� ' � . - ' . . . . . . `' . _ �Ly . . . m�. .� �.�' . �� , , . '. ' x " . 't.. . . , �Y` � �< �. , - . . .. . . � . . - _ � �;i` . . , . . .. .� . � • o._ i � ' ,-` . - . + '� v � �}s � a' �. +q?.: F � k -�,S`� y, '.4 � . � . �` ` k . � . . . . ' . . . " a `�' ... -y.l k�, � . . _ - _. . _ . . . . . . 3 �.S � �t .s . . � . . 3� . 4 g � � .1 �� 4i yP :�"Sr�i�,+! . . . . � _. � �" . . . .. 'p a,�@f~ M ��Y- � - , ' . , .i� . . '��',.2 t ' � ' .. '� � • , . . . �` Ln t^' � . • � . . "-t . � ' � . . ' � ' %`?r 'F .;-} S [ '' . . . . ' . ' .. . - - . . � 4 � C . t ' � . , � &''., � � s .� ;` . . � k` > � 6. l"*� � '` X! y`4 T, . - . � . [,� h. � d '"'�. /�ff A 'D` ,o . , . . . .. . . . '7 ��'„„ F _ ,q, `' �.d,¢� ,-i .,4�, .�b�y„'`�" y y.� t4 ' . . . ��'d.� �- .�..� r �� r'� Y ..:w � ... . . . . ' . _ . � �� c r�;�,� ' �? ,�d. ' —�,a„ '" .��s: ' � ` � � .� � � ,. ' A . �. � �i �� .,a <� . s, � t 'k��' �� . . . , _ _ Y�s s�,:tr+ .:°,r _,.,i=. �� J � .9`th '1�` . a• ,p ��b` �` X yK i ,rc��.1•t.�. � � ,.+�,�C • � � �yy� --� r- .e "`,t,�, q �`�s 'r} �}E � � - .✓�aa� «s T'6� s .s � .o� f'.6 � .t' ..r! , � ; �.�� '�r'+k' .�.y '�Q�t , -�� ti � '�Y .�� .� .. � w. ; .r. _ '.•,� '.-�. . .: . .� �+�.� �:. .... -�ittu�+��'�a..d ? - �x � � �_. r o � � DATE: TO: FROM: Community Develo�ment Department PLA►��1VING DIVISION City of Fridley , September 15, 1994 � William Burns, City Manager,�� Barbara Dacy, Community Development Director ' Scott Hickok, Planning Coordinator . Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #94-11, by Sam's Auto Buying Program; 8150 University Avenu� N.E. The Planning Commission reviewed the request to allow the outdoor sale of automobiles, trucks, RVs, boats, and campers at the above-referenced address at their September 7, 1994 meeting. The request, if approved, would allow a third vehicle sale to occur each year for no more than three days per sale. The City Cauncil in 1993 granted special use permit, SP #93-08, which allowed no more than two sales per year for no more than three days per occurrence. The third sa].e would be conducted October,6.- 9, 1994. The Planning Commission voted unanimously to recoiamend approval of.the.request with the following stipulations. � 1. The vehicle sales will occur no more than three times per year for no more than three days per occurrence. 2. The use of streamers, pennants, and flags is prohibited. •. 3. The petitioner shall comply with the temporary sign � ordinance for all temporary signs on the property, including staff review of the two story balloon. and its location. 4. The petitioner shall obtain a tempo�ary building permit and shall comply with Article 32 of the uniform Fire Code. 5. The petitioner shall insure that handicap accessible bathrooms in the building are available. 6. The petitioner shall provide a traffic management ' person to properly control traffic on site and to prevent problems occurring on 81st Avenue and_the _ frontage road. '�, - Staff recommends that the City Council concur with�the Planning Commission action. . M-94-540 S TAFF REP O RT Community Development Department Appeals Commission Date Planning Commission Date : September 7, 1994 City Council Date : September 19, 1994 APPLICATION NIIMBER: Special Use Permit Request, SP #94-11 PETITIONER• Sam's Auto Buying Program - LOCATION• 8150 Universi�y Avenue N.E. REOIIEST• To amend stipulation #1 of the previously granted SP #93-08 by permitting Sam's Auto Buying Program to conduct a third automobile, truck, RV, boat, and camper sale. BACKGROIIND- The petitioner is a separate subsidiary of the Wal-Mart Corporation and is related to the Sam's Wholesale Club. Sam's Auto Buying Program works with area dealers to provide specific automobile prices for members of Sam's Club. In conjunction with the typical membership sales promotions, the auto b.uying program has previously displayed cars, trucks, RV's, boats, campers, etc. at specific Sam's Clubs two times per year at three days per sale. Site The property is located in the northwest corner of the intersection of 81st and University Avenues. The property is zoned C-3, General Shopping Center district. There is M-2, Heavy Industrial zoning to the north, west, and south. There is also M-1, light Industrial zoning to the south of the subject property. Located on the property is Sam's Wholesale Club. SP #93-08 � Special use permit #93-U8, a permit to allow automotive sales by Sam's Auto Buying Program, was approved with stipulations by�the -�� City Council on June 21, 1993. The stipulations.;;'consisted of the following: : Staff Report SP #94-11, by Sam's Auto Buying Page 2 1. The vehicle sales will occur no more than two times per year for no more than three days per occurrence. 2. The use of streamers, pennants,�and flags is prohibited. 3. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property, including staff review of the two story balloon and its location. 4. The petitioner shall obtain a temporary building permit and shall comply with Articie 32 of the uniform Fire Code.. 5. The petitioner shall insure that handicap accessible bathrooms in the building are available. 6. The petitioner shall provide a traffic management person to properly control traffic on site and to prevent problems occurring on 81st Avenue and the frontage road. ANALYSIS• The petitioner has complied with these stipulations in previous sales. In review of the two previous auto sales events there have been no reported problems in the areas of traffic congestion, signage, handicap accessibility and building and fire code regulations. In 1993 the petitioner conducted two sales with 40,000, invitations mailed out per event. This mass mailing resulted�in an attendance of approximately 400 to 600 people per event over the three day sale. In 1994, the petitioner conducted two sales with 25,000 invitations mailed out per event. These reduced mailings produced a total attendance of approximately 385 people for the first sale and 323 for the second sale. If approved, the third sale will be conducted October 6 through October 9, 1994 in an identical manner as the previous two sales conducted earlier this year. A total of 25,000 invitations for the third sale will be mailed to Sam's Club members. In comparison with the 1993 two event total of 80,000 invitations, a reduced three event total of 75,000 invitations would be mailed out in 1994. a�.� , �; Staff Report SP #94-11, by Sam's Auto Buying Page 3 RECOMMENDATIO,N�STIPULATIONS: Staff recommends that SP #94-11 be approved with the following stipulations: 1. The vehicle sales will occur no more than three times per year for no more than three days per occurrence. 2. The use of streamers, pennants, and flags is prohibited. 3. The petitioner shall comply with the temporary sign � ordinance.for all temporary signs on the property, including staff review of the two story balloon and its location. 4. The petitioner shall obtain a temporary building permit and shall comply with Article 32 of the uniform Fire Code. 5. � The petitioner shall insure that handicap accessible bathrooms in the building are available. 6. The petitioner shall provide a traffic management � person to properly control traffic on site and to prevent problems occurring on Slst Avenue and the � � frontage road. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. � CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. : _ ,Q:,,,-. : r,�,r :,�, July 25, 1994 Barbara Dacy Community Development Director ` City Of Fridley 6431 University Avenue N.E. Fridley, MN 55432 �W�� -- {ZS?� � � � � �z e,�: �-`j((�'j � : Dear Barbara, : We are requesting an ame�dmEnt to �he S�ecia! Uss Permi# SP #93-08 allowing � r SAM'S Auto Buying Program to hold automobile Tent Sales on the SAM'S Club parking � Iot �ocated at 8150 University Avenue in cooperation with local auto dealers: . � �` Poinf�numbec "one�states that: "�he vehicle sales will occur no more than two i � _ ; � times per year fo� no more than #hree days pec�occurrer�ce.° We had two sales in 1993: �. - with 40,000 invitations mailed out per event. � Each sale went quite.weU: as far as fraffic". = but the dealer wanted to be able #o spend more.time with each SAM'.S`Club member. �' � _ , _ , .: ; . : � , ,. _ � �� .- T�is�.year�Thomas Auto Mall has`held two Tent Sales at the�FridleySAM'S Ciub-:`. ., , ,� � , . ma�ling out��only 25,000 ir��itations per ev,ent. ;We would like to be able #o liold-one more - ' evenf in� 1994 �either. toward �the: end' of Sep#ember or in October.: �This -wo��tld; of course �: -be in violation of the frst point of SP #93-08 as it,currently exists. � `-We believe that there will'be no complications with another event seeing that our - ;first four have gone �nrithout a�hitch .� We are also working with Thomas Auto MaA to �.�onsider going back to two even#s next year;depending on the comparison of holding #hree events wi#h their commiserate costs. _ . . , . °- . , . . ,_ � > . .- ; . _ ,� , , ..,_ , . _ . , . - I�I. , ' .. _ �- Please put us on the agendas of fhe next Planning / City Council Meetings so that ,; � : : ., . : _ � . we can oe considered in the necessary time frame. I thank you in advance for°your, . � , help with this. _ ,_ Best Regards, . � �� , ( C' � L , , . '`'�`.�.°''� � � ` �----' Timothy C. Michalak Thomas Bistodeau "�. �• �<� Divisional Manager General..11l�anager .�.y. . SAM'S Auto Buying Program THOMAS Auto Mall 3702 N. Highway 7] • Ben#onville, Arkansas 7271 2 � 1-50 1-273-1 333 •$f�� 1-501 -273-0020 � r .i. n.o..�o 22 _ . . ,,..:. ; � ti.rb�lr..!.:�i N , , �:: ��' `,\ , � � . �4— _i ,��V�:•�, � y, \` �• V� �� `,\ �. • :a . i n��s' ' �� < ',t<` . . . .�'� I .. .. .+.:.� r.. ' W I . , - r. I J O � . ' . •;.j_y = � _i . L,. � � .._.._. ;�.�.: � �l 0 i� �,' . � �~ � � 'r i� � t. Cr�'�7' r :a V : :l+ J� �� a� �4i�� ,2. � 1 :: i= '-- � � I - 1' V'. ; ` , � � h : � MAPLE il � I uNi' 4_ �(:e i I � !�; 3 . � � ,:��; . . - i- Y�i.•�� _� ,., - --- ----- - --r- �_1. r - - � ---�- --- ---'° l.. SP #94-11 Sam's Auto Buying 21, . ORPORATE LiMITS OF �.: N � ,.. - MANOR ORIVE ; `— :�` .."-.I -;` -��,. ��:.�I m !� : "�.i � T AC �� `•� � 1�N NO/� ' S H � �� I _ t, � , _....r �-- _'_'_ 7 � '.a�a�....— .�_ _ _i. OCATt(JN MAP ,� • ; .,,r �„- �, �� - .- - � � z -� : w g �s� � -, t:, �� '�,? _? � ,-�•� �:� � , ,-� �; ' t.. ' �PaF�►TM�E^M�`� � �., ,: _, �; .� •.� f-, .�J �.,� �� . . r . . � ✓� . -. � , r� � ` ' • � • • �� J � � f.) � ..�' � �j � �; f � c: 1,� �� '�ncrr. , . � x � � �,.. � a � . . . . . , �� . . � ``� �-� � . . . • � ' �'� � � �, � �� i � � � � , ;� f,j ..� � M,� � � `� �;;� � �' . . �e7s . v� `' �3 ��_ _, �``� �``� �� w `� `� ; .s' �,. �' i- � � � �•��• � �. � � �r.� � � ! • • • � � "� -, • . � V � ..- �' Q � � ��3e� J• . v , `� •� � , � , . • + -,, �' �� ;.1 � -�, `ti `;, � � � � � • . � -, o � . `r f"� �', �_, f-�' {•? -•� •> ``�• f`� o� e e a� ca � 6 1� ' 4 1` � r " i X � .�, r.•- ' ^, ,,.� ,..,. �� } , .... . 4 a a � c F _11/\'�E'� C J� �� ' - i y j" i 1 • e � 6 a i� . l� l ,..,,�_ �! 1, y `T � { --. ".,� ^ `.,> ., c� �`' (f�I ' � e e • F l�.1 i `yj/� � ' Y � w �, IJJ ` � l� � � `V � � ``N � � - e B Q C � I\ ��' 1 .-i > . "' ,� � , f^ .. .�- 8 � �, v \� : _ _ -s-'rf � / % � / / !� cH L �- / J �, , ,./ s � � _ ��. . ,___ , ... . • c •�.�•� ,Z�. r-_,'�'��\ r �J. . �— � �/ .A`..�`, � 1\ �/Y � 2 ' Y i • U ��•�•�•�, , ,. _ i • � • • � . • • • • • I • • • • • � �D4t�ar . M �7: ,',�AR�LEN ADD. /// � � ' !�' 81ST �� w AVE.. N.E. 77T7� , , . . �� . : �� + �� . �;lr1i�`4� ��,+�`,�y I�l�1�1,��► � 4 " ti � � Z � Q � � �_ �� T . .,, ,-� . . �, , - - :��,�.. � . ': ".. �:�i� , � . ►♦�es` t� ��e� . ►.1. � • . . ��/.�. - �i��► �� .�' � �/��j � `►,�:�� . � �,� . .. �� _ / ■ �rr ��' ��i � ' • �ir.�l, '` � � �, . +�+��'�,��`+:� , � i .t % � ,��t,�� U \ �� ' t � i �""` 1 (�, � � i \ r � � V . Z � , oc fi � � � __ �� F�� . �.:... ;� ` _u �~ �, �� ._ V�� -, , -: 4 ;- -�.--i ; i t � ; ; i �____i___� DISTRICT LEGEND �{- W ❑ . M-1 LIGNT INOUSTRIRL ...{❑ W R-1 ONE FAMILY OWG'S � R-I TWO FAMII� OWG'S , ❑ M-2 NEAVY INDUSTNIgL,�: _ �� Mh S�' . (� (1} R-3 GEN. MUITIVt£ OWG'S .� . CUD P�qNNEO UNIT OEY�^.�,. ��1'�( R-� MOBILE HOME P�qK ❑ S-t NYOE�'PFRK NEIGHBONHOOD ❑ �r° "` � P PUBLIG fACIL1TIE5 �0 " 5-] REDEVE�OPMENT UISTRICT C-1 LOCAI BUS�NESS �. . O-1 CREEK 8 RIVEN PNESENVATION a C-Y� GENERnI BUSINE55 � O-2 CRITICRL qpEA � C-] GENERAL SMOVVIMG � � - C-N1 GENERAI OFFICE- ❑ VA�ATEO STREETS �� y 8CC ZONING IVlAP I ■ L4 JIVMH�IH �Nfl?il 31V1S ,..,,,, „�,,,,, 3f1N31�V ,111S2l3�INfl �— — — — — — — — — — ��-- - --' _- �y ='� . �_------ �-�_� r l � ~ �% � � : / ' /.i. , � � tJ �. i � , u� ,; �� , � �; �1 � �/'� �_. '� i �� • � � � l ' � +-� � ( ^ I � � -- r W Vi ,�� ; �� N o r.. I � �� ' a � °' � a �N h ' r — v `� •."j 1— �� :;. .- — — ••�� • �� • � . � t..� _ `n •; � � � � � � I � Q t � � I ( � ' t L.— - ; I J I w ; � . � . _ _ _ _I_ _ _ _ _ I � I � I I � I , � � � , � , �; , � , , ; � � ; � ; L � � •—._._. a.� �� SP ��94-1 1 Sam's l�uto Buying Program —t— — — — — — � `•j— — — — — � —•� ��E�1�� ;� _ � r_ - � �� :� • � 1 \ . -'• �� •°°� � a ■ ��\ tJ `� �� ■ � � • � ' ' ' .;�, s�. � �-,� � ��. � ---- y • �= _ E � � • �, '' � � � .� � � �� '� ' � ' i; � � ; ., , � � � � .-. � � � � � � , I � � rn ` N � � i i �!. � � � r � N . � ' v � � i . � i � — —� _ 1 CSIC� — � � � — --- — L� �� — — --^ �;� � . � 3' -ar.;�' '��' � z � � � i � ' ;•k� i , �, 1 ♦ • , ._. , �. i i�� LE: � , " T � �1( 7 1 � � i �__�- �� I � W W � � � • � -°- =--D � - ._ - -----..------. .--------- I --, ;., I . }- � `� � I � �il � i m� i I ' I � �� i . � � � 1i1.. r:! � -_ . � J � � �,�-- , , , ,-. , , , .• , ; i;: � � � � N ' ° •.� � �m � � ��• �.� � p i i i j�. O � t11 i � ' I t � ° �� i � i � • � � . � � � i � ' � ti' � dL� � i, � i l i � , , ,t-- � i ��, � � � ��... N V � i � I 1�_� i � � CL) 4e /' � � ' (i i �� ; ; ; , N � , , , , , , , , I � � �� , , , , 1� � � ��, , , , , , , , ..:�.::. � 'a`°� ; i ' '' _.. _ �--� ; � ; I 1; ,.. . '� �� n J l; J�f , � --------------- - i�------------� i — — — — — — —_=�Y�_�+ — — — — — — — — — — — — — — �1 ^ � � Y ______________ ___ _____________________� __ _ __.1` _ __ ' __ _ �� __ _ ' "__'_ � �.i i _ _—L .-._ . 1332i1S + NIV�1 ___ t33ais �'°''a � se°�`� - - -------------------- -------------------------- ��----------------- �r xr� .. C�._ ' soa 97Y7 �� [� _.. ��7�' . ... ��- , s � ;➢?S , � [� � t � � ;i�f i�� ., jri {{ ��r� 8DD S�.TE PL./�iV I r _ _ � Community Development Department PLAN�VING DIVISION City of Fridley DATE: September 15, 1994 TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Lot Split Request, L.S. #94-04, by Donald Dolan of Parson's Electric; 5960 Main Street N.E. The Planning Commission reviewed the lot split request to allow the lot split/consolidation of two properties located generally at 5960 Main_Street N.E. The Commission voted unanimously to recommend approval of the request to the City Council with two amended stipulations: 1. The 13' x 200'. parcel sha11 be consolidated with Parcel B, .: . creating one tax`parcel. 2: A 15�foot;;:bikeway/walkway easement shall be dedicated � adjacent �fo tYi�� Mairi Street' right-of-way from the `�iortheast corner of Section 22 to the northeast corner of the'Dolan property. • Stipulation #2 was-�amended to exclude the Dolan property, as the Simer's previously dedicated a 12 foot bikeway/walkway easement. The Commission also directed staff to work with the owner regarding the easement'dedication. � Further ,staff review revealed that the remaining portion of Lot 6 is the only property other than the Simer property, involved in the subdivision. Therefore, Lots 7 and 8 would be exempt from bikeway/walkway easement dedication. Recommendation Staff recommends that the City Council concur with the.Planning Commission recommendation, with a further modification to stipulation #2: 2. A 15 foot bikeway/walkway easement shall be dedicated , "`�' adjacent to the Main Street right-of-way from the nortli'�ast > corner of Lot 6, Auditor's Subdivision No. ,.78. X=�-�~' SH/dn M-94-560 : s _ STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date . September 7, 1994 City Council Date : September 19, 1994 APPLICATION NUMBER: Lot Sp1it Request, L.S. #94-04 e Donald Dolan, Petitioner (Parson's Electric) Timothy Nelson of Commercial Property Investments, Inc., Owner Lauren and Gertrude Simer, Owner LOCATION.• Generally located south of 60th Avenue, west of Main Street, including the property addressed as 5960 Main Street N.E. REQIIEST• To allow a lot split�consolidation of a 13' correct a driveway encroachment. ANALYSIS , �, x 200' parcel to �t_.� At 5960 Main Street,. a portion of Parson Electric's driveway extends west approximately 8 feet beyond the property onto the parcel owned by Commercial Property Investments, Inc. (west of 5960 Main Street N.E.). To resolve this matter, the two parties have entered into an agreement that would allow Parson�s Electric to purchase the necessary property, a 136' x 200' strip from " Commercial Property Investments, Inc.• The zoning on these parcels is M-2, Heavy Industriai. This parcel, standing alone, would represent a substandard lot and should be combined with Parson Electric's property. **Stipulation** Upon completion of purchase, Dolan, or his successor, shall consolidate the 13 foot x ' 200 foot parcel with Parcel B, creatinq one tax parcel. The Simer property at 5960 Main Street N.E., until recently, was the site of the Simer Pump plant. Donald Dolan has entered into a contract for deed agreement with Lauren and Gertrude Simer to '' purchase the property to house the Parson's Electr.ic o�perati-on. - _ ::�'" 8FF Staff Report L.S. #94-04, by Donald Dolan Page 2 Lauren and Gertrude Simer have agreed to re-write the contract for deed to include the 13' x 200' strip. . As Mr. Dolan began the reconstruction necessary to accommodate Parson's Electric, he discovered that the rear driveway (west of the building) was only partially on the Simer Pump property, and approximately 8 feet of the driveway width encroaches upon the Commercial Property Investments land west of Simer Pump. As you will note from the survey submitted, the curb is a minimum of 5 feet from.the newly-established west property line. If Dolan purchases the 13 foot x 200 foot parcel,.this 5 foot setback will be consistent with the code requirements of the M-2, Heavy Industrial district. The sale of this 2,600 square foot parcel will not create a.non- conforming condition for the seller. Lot 6 is approximately 3.4 acres and the consolidated total of the Commercial Property Investments land is approximately 11 acres. As properties developed along Main Street, it has been policy to require a 15 foot bikeway/walkway easement. At this time, the City would require the same of these parcels. **Stipulation** A 1� foot bikeway/walkway easement shall be ,� dedicated adjacent to the'Main Street riqht- of-way from the northeast corner of Section 22 to the northeast corner of the Dolan property. RECOMMENDATION/STIPULATIONS: Staff recommends approval of this lot split request, with the following stipulations: 1. Upon completion of purchase, Dolan, or his successor, shall ` consolidate the 13 foot x 200 foot parcel with Parcel B, creating one tax parcel. � 2. A 15 foot bikeway/walkway easement shall be dedicated adjacent to the Main Street right-of-way from the northeast corner of Section 22 to the southeast corner of the Dolan property. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to of the request to the City Council with the amended: 8GG recommend-approval stipulations as �_ _ _ � RESOLUTION NO. - 1994 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #94-04, TO SPLIT A 13' X 200' PARCEL FROM ONE PARCEL, TO BE CONSOLIDATED WITH THE PROPERTY LOCATED AT 5960 MAIN STREET N.E. ' . WHEREAS, the City Council approved a lot;split at th�' , 1994 meeting, with stiRulation�, survey, and proposed lot division map attached as Exhibit A; and, ' , WHEREAS, such approval was to split o�e property to allow an adjacent property owner to purchase and consolidate a 13' x 200' parcel. The new legal descriptions for these parcels are as follows: Lot 6(owned by Commercial Property Investments, Inc.) Al1 of Lot 6, Auditor's Subdivision No. 78, Anoka County, Minnesota, excepting the South 200 feet of the East 376 feet thereof, as measured along the east and south lines of said Lot 6. Combined Parcels A and B(owned by Parson's Electric) The South 200 feet of the East 376 feet of Lot 6, as measured along the east and south lines of said Lot 6, Auditor's Subdivision No. 78, Anoka County, Minnesota. These properties are generally located at 5960 Main Street N.E. WHiREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will redefine the`legal descriptions for two separate parcels. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK � - EXHIBIT A Resolution No. - 1994 1. Upon completion of purchase, Dolan, or his successor, shall consolidate the 13 foot x 200 foot parcel with Parcel B, creating one tax parcel. 2. A 15 foot bikeway/walkway easement shall be dedicated adjacent to the Main Street right-of-way from the northeast corner of Lot 6 to the northeast corner of the Dolan property. �ff Report �. #94-04, by Donald Dolan �e 3 l. The 13' x 200' parcel shall be consoiidated with Parcel B, creating one tax parcel. � 2. A 15 foot bikeway/walkway easement shall be dedicated adjacent to the Main Street right-of-way from the northeast corner of Section 22 to the northeast corner of the Dolan property. � Stipulation #2 was amended to exclude the Dolan property as the Simers previously dedicated a 12 foot bikeway/walkway easement. The Planning Commission also directed staff to work with the owner regarding the easement dedication. STAFF RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission's recommendation including Stipulation #1 as recommended. Staff recommends that the stipulation be modified to state: 2. A 15 foot bikeway/walkway easement shall be dedicated adjacent to the Main Street right-of-way from the northeast corner of Lot 6, Auditor's Subdivision No..78. :�:;�--- : L . S . 4694-04 Donald Dolan 811 LOCATfON MAP L.S. �k94-04 Donald Dolan � � / , . . � O C � {f}�� ) � N z ,I f�! ,-Z� / SOUiHERLY IINE OF LOT 8 " � � m w / O 1 � �' � J / -- N B9'09'Si' E 579.47 � \ � I f � / � � " � 5�-� -- � �/ � � � � , ` / J � NCRiHERLY UNE OF l0T 7 � � � 2 �' � � �� ' � I ►� � ( H � ; I TORRENS PROPERTY - CER7IFlCATE NO. 33741 � m} � ' 1� ' � N iS 1 I n � I I � f� � : � Y � : r � i ��, i� � ` W o 0 _ � v� � SWiHf,RI.Y UNE OF LOT 7 � � � . . � . . �I� � � � � -- — — � — — . N 89'09'S2' E � � . � .� � � � �-- � N 89'2757' E �-T� . . . ` -' ` .. -�i;,t1 �`_ _, , 't �� j � NORiFiERLY TRIE OF t07 6 � � r �. �� . _ . . . .. . ... . . o, 1 � �� .. � a< Z .. ___ - '-� -- � - .�... `�. °' J t �— A8Sfi2ACT PR�ERlY _ --1-� _ - . , . t ... . . 'd � � ' _ . ' _ . . �� . � . • . •, -. �;. .�,:� . . . _ _ - : }s ..�,, y _.. . �, .� � .. . . _._�.. _._ ...__.. __._._ ._..__ >.-_ . \� . ' � I � �f�- . 176.00 . 33.Cfi � �� S 89'27'S6" W 363.00 �' � �BIIUAIINOUS OPoVEWAY � I � W o O 1 I z° ° ' o 0 0 , �' N N PARCEL A 4 ' �Q � N I � _W c�'�� N � � o � � � � ; s I � � SOU7H UNE.OF Tt� NE7/4 OF 7HE NE1/4 I OF SECTION 22, T.30, R24, ANOKA : l. � Q COUNTY. AIINNE50TA . .. . � � � � � � SWTHERLY LR�!£ OF LOT 6 � � � . . : ! � \ \ � � � � � 1 \ � . \ \ \ �-� S 89'27'S6" W 267.48 - ' � `. >�9. 13-09 L �� . � 6.6 -- —_ — — SB42Y56"W ` _ _ � I . �- � i � AREA TO BE SPLIT _. :-; -��- �. � 8KK SITE PLAN '. :+�2^y`CrAe . � . . _ . Y.+� i _ . . . .. . � -•ywy - 4 ?�iS-£ , aa' . . . . . . ` . , . . ... .,, r y .:: . . ;. �.. �^ � � `� ��4�� MAIN STREET y � � . ��t .<k :� .�.. v.. -�'�r��e'�� _. r w ^s:��-� i�.s.-y� M�'�.�a' 4'�"�r,r ..i � t" l•� � �:M� it -. .�.�-..:� �+�.�,.. ,� , a ta -..� -:��. �.. � -n.,.,.. '��vt- „� +�,.'"Y r . �., t h�� ..�, .tf'. T.::; r _: . . °: . :, �':� �v :L ,:�. ... ,. : , . r `_ _.. � . � ::� . ' � � . � s � �� r, }�Mp(��{w : �'� '`ih (`� * � `' �?�� F"�i t'i{��i� . ,7+� x , t'-i�� .�'s�t'k�1'� _�. - �+'' i �" '� . � �,y� �s ��{, � � y�°,�'�'�'' ��?}m'M . � -.� �e ��l'9' '� Ah��-�'�4f�ti' r 1 FM� i'� �� i � �, i( 4��7S.A��'t �r�� 4�� a'f � 1 ._� RY �-� C-rs �, . ' �� ,r'fi ' �'� � � �� - W?.4 � ��.. y N� �.i . <1.:� � S �� ny'i - i .'.f ^Y� p �'F��ws f �� `± ,.�� Z )6.la�r � fi� _ t^, ` g . .. . .. . . . �.Ai . ,%. �.M z� r .v*o C*� -` G Y�' � � _ . _ Ai ,�±�''�i�t'�.�,�'�l�`._.,t � r.�t+�"b� �� '�e �}'�"�� y � � . .'�.{ � . �,i�+{"° � . {. ,i..�"L�.� �w °R , '� �S � � . � bj F`# �s. k� ' � z y ,^` . �".� �,� � e ti.`�`� , a ,,,�,�.� .� ' �.lz � "•s `' F .: ?��. + ..'. :�*' ' i . -�,�i'k �, r' , k . �ri.. � .:::cn�"��s�3` -.'�'`sx i�L.°''. � ��'�'t+. � � .:.: _'..� a �{:.� �;, 2Crq � 7�._ ,.��t'-�.�. . . "`xt.�"" ��._... �:,.n�i?r_._ a.+ .: L .. ' t�c� _ j_�. - -'f t t��- � � � i ' ��_. . i t°- ' � � ?'•' - ,y�3�`��` . . `. . . . . _ ' s � �.' LAN PROPERTY �y � Y��` � =. SIMER / DO � Y � �{: . PARSO�S ELECTRIC �� '' � = t�� ` � `:,�;,� � � � � _ - _ ��:� � _ J � � _; � .._. ,rv�t �-�w�; .a`•.:i�7:� m�c�'?:z:.. ,�x_...t-��!*��-f .... ' . . � L COMMERCIAL PROPERTY . . � b'�...�`��INVESTMENTS, INC. r`��m�Y�,�� L,M4 tY �. f/ � s� *,� � t �1 "`'� 1 '� r�Wy�'y' r ��z � j}4 .iF=A- . y :_!f'i .. �� 'Lr��3i,,�w,�i ` 5 � 5 r �d i 7,f}'`��-%, Y: 'r � `.' � ��Y � � r � �� , '� : 3- s C- ' i *. ^r` � 'Y � R� � 1' �,-i � t i 5�r ry�, � ` ��. _ F'`F �� ,.. � -�+ � � k �, � � j ` .��"x �� a i' . ' -�~� � ' ..._.� . - �t .. . . �; PROE COI� .a,.�.� __ __ �. �.��.- � � ,��. �� :: .� � : ��.�� :.:�.� -., -�,.�, w - :� -�t'1�3� ''� �' ~ • _ �� r � �. `� � 9 d '�t.'.�1 ._ . �:.. .- . 'k-'c y'�i- i� ^�,� - . �. t � o .,t�.4�� :�. �a .� r .: � rt� ��`t -� t �.s y . . ��,�°yat: �.a'a� ^�'�§s'4�K��'��z rr � .r� y �.. '`. ��+ r . �!'. �k � �='9','��E tPr��.�., 4 '$Fi3 4 ; � •' „rA .r -: t,� r y' ,ff ",6,"�'�'` .� ��« � ti�'. ,�g,� i p v r 1 . € .Tt � � 't • t.ft„�+r.� ,� � g. .. � •�,...,_,,, <_.~ �!, .-. a j . .t,� �a� '��•sr� x `a �. `':, r -.w 2A .. v 5 � . � F'��C� �'`"�pas} ��3.>c '� �{�� i�',� �. . s"��'� ��'x�{,�,�y,c*`',.� ' > ��-a�+",.�+ ��,k t�-�t: 't ' � .'¢,fi2e' �� ..i.Y`°x��,, .a �.3R�t` �j±w 'g '� �1"` �;,' " � �- �'h c. . •�raRsr,�. -a s�a,.� :s:Y<��i . y' �_. +i'Si.'u1:7�'. Z'�.'rlc-til.� . -:i."s.j� ' Y %�h v, , aK�,{ i 5 � .',,; � `� r . .y� ; I (,�. �� 15,�... . d'. ,*rt'd' r �� ,_. - ♦ -�' N � . .. . 6- . r f : , � tR ,. .�: ..t ..t* �4t1 ��'�'�»i0nc� .0 . .� �. �� - �rS` �. r � r wc � . � �'.� � !:-4 rrc i . �..: . ;. � � i4/l �'. AA' ..? i. � '. G�: S. i.� A:}�Y S;t�il,;'y�`�a�JZ i- g, �7 t`� ��." .. �, s,�'{d, -s i�� , � i„ia` �; � wpa,..��,» * � . �; �' -ti.rr:r�+�' ` t . �=� v?' . � '� . t'- 'r.a :G, , x��. . � h: •4• . , . . -v . . ... ' . .. � '. y�- . . _ /// �\� r; ' � �-�----� \ � i � i � 1 �'i i ( � ' , � � � � � � � 1 � N O � � i �� il � � i { '� ° °' ,. 169.60 169.60 � t-- � � O � MA�1� STREET , �' � �� - �o \ �M � � � ---- � // � � 3 PROPERTY IN UNQFR � � _ CONSIDERATIONI-4 ! '� i � � � N � � � �Z � I , 0 0 ca r M 0 � � � � cn M L.S. ��94-04 � Donald Dolan � � 200.00 .- � � � �� i 739.20 --- -- � � � w Z W .� �o - Z O '� L � \ N � � � � . w t �. Z t J O� Wr7� cD � U �v� � r � �- ' � v ovz ° � Q �� z °- � Zo�: o � cc � � � � w t`=. LAN/S�IER�� , �O � � } ° Q — RSON'S��°° � � � 3 PA � '� ' : ELEGTRIC-� �� : ; : � � .{ � � : o � _ � __ � �'' � � � , 00 � J o W U� Z U � � m � , Q- ,. , ` `° � � oo�ooz � «��g�.�o s� ,; ' . , �, t�.� c�o-� l -` ' � . � � �� 00'0flZ � «L-b�8�o l0 S ' 0 4 Z : e�n� ��rvo� � - I - i COMMMERCIAL PROPERTIES INVESTMENITS ,INC' \ 8MM � �- � � August 1, 1994 City of Fridley Community Development 6431 University Avenue NE Fridley, MN 55432 RE: Lot Split Application Lot 6, Auditor's Subdivision No. 78 TO WHOM IT MAY CONCERN: I am the current Contract for Deed purchaser on a parcel of real property in Anoka County, Minnesota, described as follows: See Exhibit A attached hereto. There is an encroachment of our driveway over the adjoining parcel. of land. I have entered into an agreement to purchase the property affected by the encroachment from the current fee owner of this parcel, Commercial Property Investments, Inc. This letter is being submitted in addition to our Lot Split Application Form: Upon the completion of the Contract for Deed, I shall undertake whatever steps are necessary to consolidate the proposed tax parcel for the encroachment with my main parcel of property referred to above. In the event of a cancellation of this contract for deed, I agree to convey this property to the current fee owners, I,oren J. Simer and Gertrude B. Simer and/or their assigns. Because of°the significant amount of equity I have invested in this property, cancellation would be highly unlikely. If you require any additional information please do not hesitate to contact myself Martin Stapleton, 2300 American National Fifth Street, St. Paul, NIIV, 55101, (612) Ve ruly your , Donald D. Dolan 5930-60 Main Street N.E. Fridley, MN 55432 8NN concerning this matter, or my attorney, Mr. E. Bank Building, 101 East 227-6&61. -� �;� September l, 1994 Mr. Scott Hickok City of Fridley Community Development 6431 University Avenue NE Frid-ley, MN 55432 RE: Dolan Lot Split Application Lot 6, Auditor's Subdivision No. 78 Dear Mr. Hickok: This letter will confirm that we are hereby consenting to the application for a lot split which has been submitted by Mr. Don Dolan. As you are aware, we are the owners in fee title to the property legally described as: The South 200 feet of the East 363 feet of Lot 6, as measured along the East and South lines o,f said Lot 6;. Auditor's Subdivision No. 78, Anoka County, Minnesota If you should require anything turther, please feel free to contact us. : • • ;� _ .-...�- `' � �� .. � CITY OF FRIDLEY �--/ G�i31 ti�iIVERSITY �VEVUE N.E. I�G FRIDLEY, yIN ��432 � (6i2) 571-3450 CONIiVIUVITY DEVELOP�tE\T DEP�.RTl�1EVT LOT SPLI�` APPLIC�TIO�i FOR�1 PRC?PERTY INFOR�t�TYON - site plan rzpuirzd ror submittal; see a�tached Address: 59th & Main SLr��t v. E., Fridl'v, �IN Property Idenaricadon Vumber (PI1V) R2 2 3 0 2 � i i 0 0 0 6 Lega1 descriotion: See Exhibit a attached hereco Lo� 6 Blo�k TracvAdaicion ?��=a�tor's Sui�i=.Tision Vo. 78 M—II Currenc zoning: NPaw rn�,,,�rr; a � Square foocage/ac:eage Reason for lot split: Because of drivewav encroac:nment from fihe adioinina �rcel . Have you ooerated a business in a ciry which required a business license? Yes No x If yes, wiuch city'? If yes, wnac rype of business? Was chac license ever denied o: revoked? Yes No FEE C}WNER TjiFOR�tATIOv (as it appears on the property title) : '' (Con�act Purchaseis: Fee Owners must si2n this form priar ro processing) N�iI�IE Cor�r�rcial Pror�nv Investm�nts Inc . �DDRESS 2685 I.on�� Lake Road Rosevilie, �MI 55113 . DAYTIs�/[E PHON�E 636-5500 STGNATURE � �a� 8�-3 -�iY ,,= PETITIOZVER I�tFt�RNiATT()N N�,ME ADDRESS Donald D. Dolan SIG,tATURE Main SS Fee: �50.00 Pe..ni� L.S. = �'-CC�- `- :�o�iic::�ion received 'ov: I�.1�(� Sc^�edulzd P!annin� Commission date= �c�eduiz:i Ci�v C�unc:i u :�e: D� 1�titE °HONE 571-8000 DATE � � `1 Receip� T �D�% �' �� __, _d. r, r ... I _ � Community Development Department P G DIVISION City of Fridley DATE: September 15, 1994 Q/ � MJ TO: William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Pat Wolfe, Section 8 Housing Coordinator Revised.Section 8 Program Administrative Services Contract Pat Wolfe and other Section 8 Community Representatives have successfully negotiated a revised Section 8 services contract. Under this contract, the City will continue to provide Section administrative services for the Metropolitan Council. The contract is similar to'our current contract with the addition six provisions: 8 of ♦ Basic and Enhanced Administrative Services. The Section 8� , � :�.. Y...�.. representative will' now'be�able to'conduct hearing's"for damage inspections. A computer link to the Metropolitan - Council offices may also be explored. ♦ Administrative Fees. The current fee for basic services is $21.OA. This value will be increased to $23.69 for those . contracts which receive enhanced services. Note,�this amount will fluctuate based on the Housifig and Urban " Development payments to the Metropolitan Council. � ♦ Full Utilization Limit. The Metropolitan Council attempts to utilize 100� of the Section 8 ACC fund allocations from HUD. Overutilization of expenses will result in the Metropolitan Council and Section 8 Administrative Services contractors bearing the overrun expense. This is new,to the contract and an example of this is last years utilization was 100.6%. The .6o was divided up between the Metropolitan Council and subcontractors such as the City of Fridley. The Metropolitan Council does not anticipate that this will be noticeable. ♦ Portability Ad�ustment. Metropolitan Council only Housing Authority ongoing The City of Fridley and the �:. receive 80% of an initiaY Public administrative fee for families Revised Section 8 Contract September Z5, 1994 Page 2 reporting in the Section 8 program jurisdiction. Although Pat Wolfe believes this is essentially the same as it has been in the past. The terms are now being identified in the contract. ♦ Method of Payment. The Metropolitan Council will pay ongoing administrative fees, enhanced fees, and hard to house fees on a monthly basis. The City of Fridley will be required to submit quarterly invoices/reports. Reimbursements to the City of Fridley will be based on the number of units as indicated in the Metro HRA's monthly utilization report and monthly hard to house reports rather than the City of Fridley's unit counts. The quarterly reporting and method of counting is new to this contract. Staff will monitor to assure repayment coincides with activity level. ♦ Operating Reserve. The contract permits the City of Fridley � to accumulate in its operating reserve account up to $10,000 per year for payment of future Section 8 administrative expenses, or for the payment of expenditures related to the. provision of affordable housing for low to moderate income families. The current Administrative Services contract between the City of Fridley and the Metropolitan Council will terminate upon execution of this new contract. RECOMMENDATION Staff recommends that the City Council approve the new Section 8 contract as proposed. SH/dn M-94-561 � � Metropolitan Council Advocating regional economic, societal and environmental issues and solutions August 1Q, 1994 Ms. Barb Dacy City of Fridley 6431 University Avenue NE Fridley, MN 55432 R� Revised Section 8 Program Administrative Services Contract Dear Barb: � Enclosed for execution is a revised contract under which the City of Fridley w71 provide Section 8 administrative services for the Metropolitan CounciL The revised contracC reflects the Metropotitan Council's recent approval of higher administrative fees for contractors performing Section 8 program administrative services on behalf of the Metropolitan Council. This revised administrative services contract is similar to the current contract between the City of Fridley and the Metropolitan Council but also contains other provisions approved by the Metropolitan Council at its May S, 1994 regulaz meeting. The following is a summary of some of the new provisions: Basic and Enhanced Administrative Services. The contract requires the City of Fridley to perform "basic" Section 8 administrative seivices similar to the administrative services currently performed by the City of Fridley under the existing administrative services contrac� However, the contract aLso � permits the City of Fridley to perform certain "enhanceci" Section 8 administrative services. Administrative Fee.s. The Council will pay an ongoing administrative fee on a per-unit-per-month basis. The current ongoing administrative fee for "basic" administrative services is 521.00. That fee c5n�unt will be increase or decrease at the same time and by the same percentage the Council's going administrative fee from HUD is increased or decreased. If the City of Fridley later de�;ides to perform the "enhanced" Section 8 administratave services, the ongoing administrative fee received by t�e City of Fridiey will be increased by 12.81 percen� Based on the currently prevailing ongoing administrative fee amount of $21.00, a public housing authority providing the "enhanced" Section 8 administrative services currently would receive $21.00 plus an additional $2.69 for a total fee payment of $23.69 calculated as follows: $21.00 +($21.00 x.1281) _$23.69. Since the "enhanced" administrative services fee is a fviced percentaoe of the "basic" administrative services fee amount, the current $2.69 amount will increase or decrease as the "basic" administrative services fee amount increases or decreases. Full Utilization Limi� Because the Council attempts to keep its Section 8 program running at full capacity, the Council sometimes uses slightly more than 100 percent of its Section 8 ACC fund allocation from HUD. The overulilization expenses will be bome intemally by the Council and all its Section 8 administrative services contractors. Accordingly, the Council will pay to the.-City of Fridley those ongoing administrative fee amounts which will not result in the Council using more than 100 percent of the Council's Section 8 ACC fund allocation from HUD. � Mears Park Centre 230 East Fifth Street � Recycled Paper St. Paul, Minnesota 1-1634 612 291-6359 Fax 291-6550 TDD 291-0904 An Equal O�nity Employer Portability Adjustment Since the Council only receives 80 percent of an Initial PHA's ongoing administrative fee for families "porting" into the Council's Section 8 program jurisdiction, the Council will pay to the City of Fridley only 8U percent of the then-prevailing ongoing administrative fe� for each unit month a Sectivn 8 family receiving Section 8 assistance under the portability provisions receives assistance in the jurisdictions senriced by City of Fridley. Method of Paymen� The Council will pay ongoing administrative fees, enhanced fees (if applicable), and l�ard-to-house fees on a monthly basis, even though the City of Fridley only will be required to submit quarterly invoices/reports. The fees reimbursement payments to the City of Fridley will be based on the number of units as indicated in Metro HRA's monthly utilization reports and monthly hard-to-house reports, rather than City of Fridley's unit counts. Operating Reserve. The contract permits the City of Fridley to accumulate in its operating reserve account up to $10,000 per year for payment of future Section 8 administrative expenses or for the payment of expenditures related to the provision of affordable housing for low- or moderate-income families. Prior Contracts. The current administrative services contract between the City of Fridley and the Council will terminate upon final execution of this contract� Please_sign and date both copies of the contract and return both copies to me for final executionby the Council. I will return one fully executed copy to you. Please call me if you have any questions. Sincerely, �,�� ",�- Thomas McElveen �' Metro HRA Unit Manager (612) 291-6306 � �� . � Contract No. SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT FOR ADMINISTItATIVE SERVICES CITY OF FRIDLEY THIS ADMINISTRATIVE SERVICES CONTRAGT is made and entered inta by the Metmpolitan Council ("Council'� and the City of Fridley ("Contractor"). WfIEREAS, the Council is authorized by Minnesota Statutes section 473.195 to function as a housing and redevelopment authority throughout the seven-counry metropolitan area and exercises its statutory authority through its Housing and Redevelopment Authority unit; and Wi�REAS, the Council has entered into an Annual Contn'butions Contract ("ACC") with the U.S. Department of Housing and Urban Development ("HUD'� and has federal contract authority to operate a federal Section 8 housing assistance payments program ("Section 8 program'� within the seven-county "metropolitan area" as defined by Minnesota Statutes section 473.121; and WHEREAS, the City of Fridley is a:public body, corporate and politic, duly organized under the laws of Minnesota and is authorized to perform the administrative services contemplated by this contract; and . �VHEREAS,-the City of Fridleq performs certain Section 8 program administrative seivices within the «�. ,µ r .- �K } f,. G7ity of Fridley and other jurisdictions on behalf- of the Couneil under ` a Section � 8 program administrative services contract ("Contract No. M-88-7"). NOW TTiEREFORE, in consideration of the mutual promises and covenants contained in this contract, the City of Fridley and the Council agree as follows: _ : L DEFiNTi'IONS : 1.01. Definition of Terms. For the purposes of this contract, the terms de6ned in this section have the meanings given them in this section, except as otherwise provided or indicated by the context. (a) "Meiropolitan Council" or "CounciL" The Metropolitan Council established by Minnesota Statutes section 473.123. When expressly stated or otherwise indicated by the context of this contrac.t, the term "Council" means the Metropolitan Council acting through its Housing and Redevelopment Authoriiy unit ("Metro HRA"). (b) "Contractor." The City of Fridley acting though its governing body and its duly authorized or designated employees, staff, or agents. (c) "Section 8 program." An existing housing assistance payments program under section 8 of the United States Housing Act of 1937, title 42, United States Code, section 1437f,' as amended: Page 1 oj 1 �ges 9 II. SCOPE OF SERVICES 2.41 Basic Administrative Services. The Councii agrees to purchase and the Contractor agrees to furnish the following "basic" Section 8 program administrative services: (a) Application Processing and Lease-Up. (1) The Contractor will perform the following application processing and lease-up activities: assisting Section 8 applicants to complete application forms; checking each applicanYs income and family status to determine applicant eligi�ility for placement on the Counc�'s Section 8 program waiting list; determining appropriate dwelling unit size for applicant and participant families; assisting Section 8 certificate and housing voucher holders to locate suitable dwelling units eligible for use in the Section 8 program; certifying rent reasonableness of dwelling units selected by Section 8 certificate and housing voucher holders; examining leases and housing assistance payments contracts for conformance with Section 8 program requirements prior to execution; and certifying the accuracy and completeness of all application and lease-up documents submitted to the Council. (2) All applications shall be made on forms provided by the CounciL The Contractor will complete and submit to the Council lease up documents requued by the Council, as may be amended or modified from time to time by the Council. (b) Inspection and Reinspection. (1) In addition to performing the application and lease-up activities stated in pazagraph 2.01(a), the Contractor w71 inspect and reinspect dwelling units for use in the Section 8 program. Inspections and reinspections of dwelling units shall include a thorough and complete on-site inspection and certification of the dwelling unit sufficient to ensure conformance with federal housing quality standards ("HQS") as set forth in title 24, Code of Federal Regulations, sections 882109 and 887.251, as amended. Such inspections and reinspections shall be made at the following times: prior to initial lease by an applicant or participant family; prior to the annual recertification of a participant family; and during the lease term as directed by Metro HRA staf� as required by title 24, Code of Federal - Regulations, sections 882.211 and 887.257, as amended,. or as required by locally established requirements which have been approved by HUD. When Section 8 applicants or participants move into Section 8 dwelling units, the Contractor shall complete the inspection form which documents the move-in condition of the dwelling units. The move-in inspection shall be performed in a timely manner and the move-in inspection form shall be completed and submitted in a timely manner so the interests of Section 8 families, rental property owners, and the Council are not compromised. (2) The Contractor will conduct damage inspections as required by the Council's procedures. The Contractor will conduct all damage inspections in a timely manner so the interests of Section 8 families, rental properly owners, and the Council are not compromised. (3) Reports of all inspections and reinsgections shall be made by the Contractor on inspection forms provided by the Council. The Contractor agrees to fully and accurately complete all inspection Eorms. (c) Ongoing Program Administraiion. The Contractor is responsibie for performing the following ongoing administrative services: conducting annual re-examinations and recertifications of Section 8 program participants; maintaining Section 8 program files and records for monthly reports; conducting, within the jurisdictions identified in Exhibit A, affirmative marketing activities such as contacting and working with rental property owners, community groups, and rental property management groups to encourage participation in and understanding of the Page 2 oAl�ages � Section 8 program; maintaining lists of available dwelling units; and promptly notifying Metro HRA staff of any Section 8 applicant and participant problems or changes in participant status, including but not limited to, participant evictions, mutual lease terminations, abandonment of dwelling units, lack of proper eligi'bility documentation, changes in household composition and income, changes in property ownecship, noncompliance with housing assistance payments contract provisions, or noncompliance with HQS requirements. (d) Program Requirements; Trainircg. (1) The Contractor is responsible for developing and maintaining a thorough understanding of the Section 8 program regulations and the requirements and procedures set forth in manuals and other materials provided by the CounciL The Contractor agrees to send a representative to all Section 8 program training sessions conducted by the Council. (2) The Contractor shall provide adequate staff time and office or program space to perform the Section 8 program administrative services contemplated by this contract and shall make staff and off'ice or pmgram space available to Section 8 applicants and participants during scheduled business hours approved by Metro HRA stat� The Contractor shall provide adequate signs and other directional materials to inform applicants and prospective applicants about the place and manner of maldng application. The Contractor shall keep ava�able for distnbution adequate brochures and other information or materials as may be prepared by the Council and shall supplement the brochures with local informational materials as appropriate or needed. The manner of furnishing these services shall be agre.ed upon by the Contractor and the Council. The Contractor and the Council shall from time to time confer about the details of the furnishing of these setvices. The Contractor agrees to comply with reasonable demands made by the Councl concerning these program requirements. (e) Notice of Actions and Claims. The Contractor w�l immediately notify Metro HRA staff by telephone about any sumuions or other legal or judicial notices; including conc�iation,court ��' summons or notices, involving claims or disputes related to'the administratiori o�the Co'unc�'s '�' Section 8 program within the jurisdictions identified in F�lubit A` . The Contractor will confirm its telephone notification by written notice within- three (3) business days�_ after the telephone notificadon. . 2.02 Enhanced Administrative Services. At the Contractor's option, the Contractor may perform "enhanced" Sectian 8 program administrative sen►ices. `�-' ,.., (a) Additional Administrative Services: In addition to perfornung the "basic" Section 8 program administrative services descn�bed in paragraph 2.01, the Contractor may perform the following "enhanced" Section 8 program administrative services: entering file data through remote ` computer connection to the Council's Section 8 program data files; verifying income and - other eligibility information for Section 8 applicants selected by the Council from the Council's Section 8 waiting list for participation in the Section 8 program; detemuning applicant and participant eligibility for Section 8 program assistance; conducting Section 8 program brieHng sessions for applicant families selected for participation in the Council's Section 8 program; conducting informal hearings to review denial, reduction, or termination of Section 8 program assistance; pracessing housing assistance payments contract claims filed by rental property owners; and conducting informal hearings to review and determine rental '° property owner and Section 8 participant claim matters. �� . (b) Eligibility to Perform Enhanced Services. The Contractor may perform"'t"he "enhanced" Section 8 program administrative services described in paragraph 2.02(a), commencing on January 1 of any year, if: by June 1 preceding the January 1 start date the Contractor has provided the Page 3 oj Il pages 9F � Council with a written notice informing the Council about the Contractor's intention to provide "enhanced" Section 8 program admin,istrative services starting the succeeding January 1; the Contractor has demonstrated to the Council's satisfaction that the Contractor can successfully perform the "enhanced" administrative secvices; and the Contractor has received from Metro HRA staff a written notice authorizing the Gontractor to undertake and perform the "enhanced" Section 8 program administrative services described in paragraph 2.02(a). 2.03 Council Program Obligations. Unless otherwise performed by the Contractor under paragraphs 2.01 or 2.02, the Contractor and the Council understand and agree the Contractor shall not be required to perform the following Section 8 program services and activities which are the primary responsibility of the Council: performing all areawide affirmative marketing activities, such as preparing brochures and advertising, and contacting and woricing with area community groups, rental property owners, and rental property management groups; developing and maintaining a general applicant waiting list; selecting applicants for participation in the Section 8 program; executing housing assistance payments contracts with rental property owners and authorizing housing assistance payments to owners, both through month-end check runs and weekly accounts payables; making . housing assistance payments to rental property owners; conducting informal hearings to review denial, reduction, or termination of Section 8 program assistance; conducting informal hearings to review and determine rental property owner and Secfion 8 participant claim matters; providing necessary program training for Contractor staff; preparing and providing administrative policies, operating brochures, forms, manuals, and other Section 8 program materials; providing HQS inspection training and monitoring HQS inspection activities; coordinating initial application processes; coordinating and approving ten (10) percent exception rents and contacting HUD staff regarding twenty (20) percent exception rents; coordinating incoming and outgoing portability lease-ups; providing financial program management, including budgeting, requisitions, and monitoring; maintaining computer records for Section 8 program participants; collecting all areawide data and preparing all housing assistance program reports far HUD; providing necessary equal employmeut opportunity and aff'irmative action documents and activities; and performing all other matters required by the ACC between the Council �: and HUD. 2.04 Area of Operation. The Council is authorized by Minnesota Statutes section 473.195 to plan and administer a Section 8 housing assistance payments program within the seven-county metropolitan area, including the jurisdictions identified in Exhibit A of this contract The Section 8 program administrative services contemplated by this contract shall be provided for Section 8 program applicants and participants residing in or moving into the jurisdictions identi�ed in Exhibit A III. COMPENSATION AND FEE REIMBURSEMENT 3.01 Reimbursable Costs. Subject to the limitations and conditions contained in paragraphs 3.02 and 3.03, the Council shall reimburse the Contractor for the following costs and expenses actually incurred by the Contractor in the direct provision of the Section S program administrative services: employees' salaries and benefits; local transportation expenses; equipment and offce furnishing expenses or rentals; and general office eacpenses directly attributable to providing the administrative services required by this contract including, but not limited to, telephone, postage, duplicating, printing, and general overhead. 3.02 Maximum Payment and Fees. The Counci! agrees to pay the Contractor the reimbursable costs incurred by the Contractor in furnishing the Section 8 administrative services specified in this contract which are reimbursable to the Council by HUD. (a) OngoingAdministrative Fee. The Council will pay to the Contractor an ongoing administrative fee on a per-unit-per-month basis. The per-unit-per-month flat fee reimbursement amount Page d of ll pages 9G will be adjusted (increased or decreased) whenever the administrative fee received by the Council from HUD for the Section 8 housing voucher or Section 8 certificate/moderate rehabilitation programs changes. Effective upon written notice from the Council, the per- unit-per-month flat fee reimbursement amount will be adjusted (increased or decreased) whenever and by the same percentage the Council's ongoing administrative fee is adjusted (increased or decreased) by HUD. Until othetwise indicated in writing by the Council, the ongoing administrative fee payable to the Cflntractor is twenty-one dollars ($21.00) per-unit- per-month. Notwithstanding any other provision of this contract, the Contractor and the Council agree the twenty-one dollar ongoing administrative fee amount is payable for Section 8 administrative services performed by the Contractor since January 1, 1994 to the date of contract execution. The Council will make a one-time lump-sum payment to the Contractor to effectuate the retroactive application of this provision. The lump sum payment will represent the difference between: the payments already made to the Contractor for services rendered from January 1, 1994 to the date of contract execution; and the current $21.00 per- unit-per-month reimbursement amount (b) Enhanced Services Administralive Fee. If the conditions stated in paragraphs 202(a) and 2.02(b) have been satisfied and the Contractor . is performing the °enhanced" Section 8 program administrative servic�s descnbed in paragraph 2.U2(a), the per-unit-per-month ongoing administrative fee amount payable to the Contractor under paragraph 3.02(a) w�l be increased by 12.81 percent [ ongoing administrative fee x 1.1281 ]. The 1.1281 multiplier factor currently represents a$2.69 increase in the current $21.00 per-unit-per-month ongoing administrative fee. (c) Full Utilization Limir. The Contractor agrees it shall not receive from the Council any ongoing administrative fee payment (as adjusted or enhanced under paragraphs 3.02(a) or 3.02(b) ), or portion of such payment if such payment or portion of such payment w�l result in the Counc� using more than one hundred (100) percent of the eouncil's Section 8 ACC * fund allocation from HUD. (d) Portabilily Adjuslment. In accordance with the portability provisions of the federal laws � governing the Section 8 program, the Council receives from each "Initial PHA" eighty (80) percent of the Initial PHA's ongoing administrative fee for each unit month a participant family resides in the Council's Section S operating jurisdiction under the federal portability provisions. Accordingly, the Contractor and the Council agree that, for�each unit month a Section 8 family receiving Section 8 assistance under the federal portability provisions resides in the jurisdictions identified in Fxhibit A, the Contractor will receive from the Council only eighty (80) percent of the administrative fees described in paragraph 3.02(a), and paragraph 3.02(b) as applicable. , (e) Hard-to-House Fee. Provided hard-to-house fees are reimbursed to the Council by HLTD, the Council shall pay to the Contractor on a monthly basis forty-five dollars ($45.00), or such other increased or decreased fee amount established by law or by HUD, for each hard-to- house family actually housed in a different unit than the family's pre-program dwelling uni� A hard-to-house family is a family with three or more minors. A hard-to-house family is actually housed if both a lease and a housing assistance payments contract are executed. The hard-to-house fee is not payable to the Contractor if the hard-to-house family remains in its pre-program dwelling unit. The Council will pay the Contractor a hard-to-house fee each time a hard-to-house assisted family moves to another dwelling unit with continued Section 8 assistance. Page S 4,( jl�pnges yn 3.03 Method of Paymen� Payments to the Contractor by the Council shall be made according to the following provisions: (a) Invoices and Reports. The Contractor shall prepare and submit quarterly invoice/reports on forms or in a format approved by Metro HRA sta� The invoice/reports shall describe actual administrative services performed and itemize the Contractor's reimbursable costs of performing those services. (b) Payment, Ongoing administrative fee, enhanced fee (if applicable), and hard-to-house fee reimbursement payments to the Contractor v�n�il be based on the number of units, as indicated in Metro �IIZA's monthly utilization and hard-to-house reports, which aze administered by the Contractor within the jurisdictions identified in Exhi'bit A. The Council shall pay the Contractor for actual services rendered on a monthly basis. 3.04 Operafang Reserve. During the term of this contract, all funds received by the Contractor &om the Council pursuant to this contract must be expended for Section 8 program administrative costs or held for future affordable housing related activities. The Contractor must maintain an operating reserve account that must be credited with the amount by which the total of administrative fees eamed and interest earned on the operating reserve account exceeds the Contractor's actual administrative expenses during the �calendar year. The Contractor may accumulate in its local operating reserve account up ta a10,00U IX1 per year for future Section 8 administrative expenses or for other affordable housing related activities. IV. RECORDS, FILES, AND AUDITS 4.01 Records. . The Contractor. agrees to maintain accurate, complete, and separate accounts and I records of all expenditures of funds for which reimbursement is claimed under this agreement and of all moneys received .pursuant to this . contract ._; Such accounts and records shall be kept and =� .;: �_ . , >. maintained during the 'term.`of this contract' and for a period of three {3) yeais following the , - termination of this contract 4.02 Audit and Inspection. The accounts and records maintained pursuant to this contract shall be audited in the same manner as the other accounts and records of the Contractor and may be audited or inspected on the Contractor's premises or otherwise by individuals or organizations desigflateti and. authorized by the Council at: any time following reasonable notification during the term of ,this contracf and for a period of three {3) years following the termination of this contract The Contractor further agrees that HUD and the Comptroller General of the United States, or their duly authorized representatives, shall have full and free access to all Contractor ofiices and facilities, and to all the books, documents, papers, and records of the Contractor that are pertinent to the performance of this contract or pertinent to the operation and management of the Section 8 program, inclnding the right to audit, and to make excerpts and transcripts from the books and records. 4.03 Data Privary. The Contractor agrees to abide by the Minnesota Government Data Practices Act and other applicable state and federal law governing private or confidential data on individuaLs. The use or disclosure of information concerning a Section 8 program applicant or participant in violation of the Minnesota Government Data Practices Act or any other applicable state or federal law or rule of confidentiality is prohibited, except on the written informed consent oE the applicant or participant, or as otherwise allowed or provided by state or federal law. Page 6 of ��ges V. CONTRACT TERM 5.41 Period of Performance. This contract is effective on the date this contract is finally executed by the Council and shall continue until the earlier of the following. termination of Section 8 program funding by HUD; .or termination of this contract by either party pursuant to paragraph 5.02 of this contrac� 5.02 Termination of Contrac�t. The Council and the Contractor both shall have the right to terminate this contract at any time and for any reason by submitting written notice of termination to the other parly at least ninety (90) days prior to the specified effective date of the termination. In addition, the Council shall have the right to terminate this contract on fourteen (14) calendar days' written notice if the Contractor's performance is not timely or is substantially unsatisfactory, or if the Contractor has violated any of the terms, conditions, or agreements contained in this contract In either event, on the. termination of this contract all finished and unfinished documents and work papers and products prepared by the Contractor under this contract shall become the property of the Gouncil. On the termination of this contract, the Contractor will be paid for administrative services sat�sfactorily performed up to the date of the contract termination according to the terms stated in article III of this contract VI. CONTRACT PERFORMANCE AND MODIFICATION 6.01 Assignment The Contractor shall perform with •its own organization the totai work pFOVided for under this contract and shall not assign, subcontract, sublet, or transfer any of the contract work without the written consent of Metro HRA sta� . 6.02 Prompt Payment of Subcontractors. If the Contractor receives prior written consent from the Counc� pursuant to pazagcaph 6.01 of this contract and assigns, subcontracts, sublets, or transfers any ' of the work provided for under this contract, the Contractor agree.c to pay any subcontractor within ; ten (10) days of the Contractor's receipt of payment from the Counc� for undisputed seivices provided by the subcontractor(s). The Contractor further agrees to pay interest of one and one-half (1'/�) percent per month or any part of a month to the subcontractor(s) on any� undisputed amount not paid on time to the subcontractor(s). The Contractor agrees the minimum monthly interest penalty payment for an unpaid balance of one hundred dollars ($100.00) or more is ten dollars ($10.00). For an unpaid balance of less than one hundred dollars ($l0U.Q0), the Cantractor agrees to pay the actual penalty due to the subcontractor(s). � 6.03 Amendments. The terms of this contract may be changed or modified by mutual agreement of the parties. Such amendments, changes, or modifications shall be effective only on the execution of written amendment(s) signed by the Council and the Contractor. VII. LIABILITY 7.01 Indemnification. The Contractor agrees to indemnify and save and hold the Council, its agents, and employees harmless from any and all claims or causes of action arising from the performance of this contract by the Contractor or the Contractor's employees and agents. This clause shall not be construed to bar any legal remedies the Contractor may have for the Council's failure to perform its obligations under this contract. 7.42 Insurunce. .The Council assumes no liability with respect to bodily injury, illness, accident, theft, or any other damages or losses conceming persons or property arising out of tHe use or maintenance of Contractor's premises, equipment, or vehicles. The Contractor is responsible for providing adequate insurance coverage to protect against legal liability arising out of the Contractor's activities Page 7 �,(1; pages y� under this contract. Upon request from Metro HRA staff, the Contractor shall provide copies of insurance instruments or certifications from the insurance issuing agency which show the insurance coverage, the designated beneficiary, the parties covered, and the coverage amounts. 7.03 Independent Contractor Status. The Contractor acknowledges that the Contractor and the Contractor's agents and employees are independent contractors under the terms and conditions of this contrac� The Contractor is responsible for the employment, discharge, compensation, benefit coverage, and supervision of all Contractor personnel, employees, and agents. The Contractor expressly acknowledges that the Contractor and the Contractor's personnel, employees, and agents shall not assert any claims against the Council for unemployment, workers' compensation, or other employee bene6ts of any type related to the performance of this contract VIII. EQUAL EMPLOYMENT; NONDISCRIMiNATION 8.01 Equal Employment Opportunity. The Contractor agrees to provide equal employment opportunities. (a) Nondiscrimination andAffrrmativeAciion. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national ongin, se�c, marital status, status with regard to public assistance, disability, sexual orientation, or age. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, and age. Such action includes, but is not limited to, the following. employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoffor termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. � . : ; �. (b) Notice Posting. The Contractor agrees to post m conspicuous places, available.#b �employees and applicants for employment, notices setting forth the nondiscrimination provisions of paragraph S.Ol(a) of this cantrac� The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, se�c, marital status, status with regard to public assistance, disability, sexual orientation, and age. (c) Subcontracts. The Contractor agrees to incorporate the provisions of paragraph 8.01 in any subcontracts for project work. 8.02 Equal Opportunity Compliance Reviews. The Contractor shall cooperate with the Council and HUD in conducting compliance reviews and complaint investigations pursuant to applicable federal and state civil rights statutes, executive orders, and related rules and regulations. 8.03 Nondiscrimination in Housing. The Contractor agrees to comply with federal and state laws prohibiting discrimination in housing. (a) Federal Laws. The Contractor shall comply wilh the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964 prohibiting discrimination based on race, color, or national origin and Executive Order 11063 with respect to those provisions prohibiting discrimination. based on religion or sex, and with implementing HUD regulations..:."The Contractor shall comply with Title VIII of the Civil Rights Act of 1968 which prohibits discrimination in the sale, rental or financing of housing on the basis of race, color, religion, sex, handicap, familial Page 8 of 11 pages 9r status, or national origin and with any implementing regulations, The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against handicapped persons who would otherwise qualify to participate in the Section 8 housing certi6cate or housing voucher programs and, where applicable, the Age Discrimination Act of 1975, as amended, which prolu'bits discrimination on the basis of age. Unwed pazents, families with cfi�dren born out of wedlock, and recipients of public assistance shall not be excluded from participation in or be denied the benefit of the Section 8 housing certificate or housing voucher programs because of such status. (b) State Laws. The Contractor shall comply with all applicable provisions of the Minnesota Human Rights Act IIL GENERAL PROVISIONS 9.01 Conflict of Interest The Contractor agrees to abide by federal and state conflict of interest laws pertaining to the performance of this contrac� (a) Federal Conflict Provrsiorrs. (1) In accordance with part II, section 2.13 of the ACC [ form HUD-52520-E ] between HUD and the Council, the Contractor shall not enter into any eontract, subcontract, or arrangement in connection with the Section 8 housing certi£cate and housing voucher programs in which any of the following classes of persons has an interest, direct or ind'uect, d�ring tenure o� for one year thereafter. (i) Any present or former member or officer of the Council or the� Contractor, except a "tenant commissioner." - (u) Any employee of the Council or the Contractor who formulates policy or who : , influences decisions with respect to the Section 8 housing certificate or housing voucher �y programs. , �. .. (ui) Any public official, member of a goveming body, or state or local legislator who exercises functions or responsibilities with respect to the Section 8 housing certificate or housing voucher programs. (2) Any members of the classes descnbed in paragraph 9.01(a)(1) �inust' disclose their interest or prospective interest to the Contractor, the Council, and HUD. (3) The requirements of paragraph 9A1{a)(1) of this contract may be waived by HUD for good cause. No person to whom a waiver is granted shall be permitted (in the capacity as a member of a class de.scnbed in paragraph 9.01(a)(1)) to exercise responsibilities or funcfions with respect to a contract for housing assistance payment executed, or to be executed, on his or her behalf, or with respect to a contract for housing assistance payments to which this person is a party. (4) No member of or delegate to the Congress of the United States of America or resident commissioner shall be admitted to any share or part of this contract or to any bene�ts which may arise from iti (b) State Conflict Prouisions. The members, ofFcers, and employees of the Contractor will comply with all appticable state statutory and regulatory conflict of interest laws; including Minnesota Statutes section 469.009, as amended. Page 9 of„jj pages y� � 9.02 Federal CertiGcation Regarding Lobbying. The Contractor certifies, to the best of its knowledge and belief, that: (a) Use of Federal Funds. No federal appropriated funds have been paid or will be paic�, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, pr modification of any federal contract, grant, loan, or cooperative agreemen� (b) Disclosure. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an offcer or employee of any agency, a member of Congress, an off'icer or employee of Congress, or an employee of a member of Congress in connection with this contract or its funding, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This certification is a prerequisite for making or entering into this transaction imposed by title 31, United Stafes Code, section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 9.03 Federal Regulations; HUD and Metro ��L4 Policies. The Contractor agrees to perform the Section 8 program administrative services contemplated under this cbntract in compliance with: parts 813, 882, 887 and other applicable provisions of title 24, Code of Federal Regulations and other applicable provisions of the federal regulations governing the Section 8 housing assistance payments program; applicable provisions of the i3UD Handbook; the Administrative Plan for the'Metropolitan Council Housing and Redevelopment Authority, as amended or revised; the Metropolitan Council Housing and Redevelopment Authority Procedures Manual, as amended or revised; HiJD's Housing Inspection Manual for the Section 8 E�asting Housing Program; and aiI other applicable procedures and policies as may be provided to the Contractor. 9.04 Prohibition of Service Charges. The Contractor shall not charge any fee to' any Section 8 program applicant or participant or charge any fee to any rental property owner for any Section 8 program administrative services provided under this concract 9.05 Prior Contracts. The Contractor and the Council agree this contract supersedes and replaces Contract No. M-88-7 as amended, and any other prior Section 8 program administrative services contracts entered into between the Council and the Contractor. Contract No. M-88-7 is terminated upon final execution of this contract. 9.06 Warranty of Legal Capacity. The individual signing this contract on behalf of the Contractor represents and warrants on the Contractor's behalf that the individual is duly authorized to execute this contract on the Contractor's behalf, and that this contract constifutes the Contractor's valid, binding, and enforceable agreements. Page 10 of 1_I pages 9M IN WITNESS WfiEREOF, the Contractor and the Council have caused this contract to be executed by their duly authorized representatives. Approved as to form: Assistant Counsel HRA105 NIETROPOLTTAN COUNCIL By: James Solem, Regional Administrator Date: CTTY OF FRIDLEY By. Its: Date: Page Il �( j1� pages yN A � MEfRO HRA (07/94) Q EXHIBIT A CITY OF FRIDLEY The City of Fridley ("Contractor'� shall perform the Section 8 program contract services within the City of Fridley, Minnesota and within the following jurisdiction located in Hennepin and Ramsey Counties, Minnesota: St. Anthony A-1 90 { � F; �, � ,,:.. � - 19$8 CO-�VTRACT- V!/IT-H A�EN -DME-�V-�S- - M£ T R 0 P 0 L Z T A N C 0 U N C I L Suite 300 Metro Square Building, St. Paul, Minnesota 55101 COI�TRACT N0. M-88-7 SECTION 8 HOUSING ASSISTANCE PAYMEATS PROvRAM CONTRACT FOR ADMINISTRATIVE SERVICES Ti:IS AGREEMENT is effective the 1st day of 3anuary, 1988, between the Metropolitan Council, hereinafter referred to as the "Council," and the City of Fridlev , hereinafter refe^red to as the "CitY•" WITNESSETH: WHEREAS, the Council is engaged in a program to provide rent assistance payments to low-income families and to the elder3y, disabled, and handicapped to assist them in obtaining adequate housing; and WiiEREAS, the Council has received funding from the United States Department of Housing and Urban Development ("HUD") under a HUD Section 8 Existing Housing Assistance Payments Program, Master Annual Contributions Contrac� ("M�ster Contract") to act as a public housing agency to i.mplement the program; 2nd W�EREAS, the�City has by resolution indicated its desire to pa.*'ticipate in �. ,. this program and to assist eligible inaiviauz�.s and families to ob�2i.� decen�, sa�e, and sani�ary housin8 =.n the City at prices they caa afford;`�d Wiir.REAS, the Council desires to purchase cer�2in necessary administra�i�ve services from �he City ia connection with carrying out the program; �nd y,T-rIEREl,S, the Council is autho^ized to execute an a�eement fo^ �hQ Pu-'"ch2se of program se:�vices�2.nd to take 211 ac�ion speci�ied or conLeaplated here±.n pursuant to Minnesota S�atu�es Sec�ion �73,�°�• � NOn', T'r'.�P.EFO�E, in cor.sideration o� �he nu�ual eovenan�s and p^o�ses contained herein, the par�ies ag:ee zs �ollous: I. SCJP� OF SERVICES i.01 ': ogrzm Obi i� ��ons of the �itv. Tne Council a�^ees �o p�'�-h�se and the City agrees to `urnisn �he io:1o�.^-.ng services: initizl apPlica�ion process�g and lease-up, inspec�ion a�d re'_nspec�ion of hoLSing �ts� z�d ongoing progra� adminis�ra�ion. Trie services shall be pe^:ormed in acco^dance �.�ith the fo� i otii.ng prov�.sions: . . `< � - 2 - ' p, �olication Processinq�and Lease-Up. Applicaiion processing and leas°-up shall inclu3e �he following: --assisting applicants to complete apnlication forms; �- checking applicant's income to determine eligibility for placement on the Fraiting list; - determining appropriate dwelling size for families; - assisting �articipating fami.lies, upon request, to locate suitable units in the City; - certifying rent reasonableness of selected units; - examining leases and housing assistance payments contracts for conformance with program requirements prior to execution; and lica�ion - certifying the accuracy and completeness of all app and lease-up documents submitted to the Council. All applications shall be made on forms provided by the Counci2. In addition, the City agrees to complete and submit to the Council the lease-up docume�ts required by the Council, as may be amended or modified from time to time. B. Inspection and Reinspection. 1, gousing Quality Insoections. Inspection and reinspection of housing units shall include a thorough and complete on-site inspection a.nd certifica�ion of the unit sufficient to ensure conformance with Housing Quality Standards (°HQS") as set forth in 24 C.F.R. Section g82.'109, as amended. Such inspections and reinspections shall be made at the following times: - prior to initial lease by a participating family; - prior to annual recertification o� a family; and _ during the lease term as directed,by the Council. 2. Damage Insaections. In addition, the City agrees to conduct damage inspections as direc�ed by the Cown�il. 3. All Inspections. Reports of all inspections and reinspections shall be made by the City on fo:-ms provided by the Council, and the City agrees to fu11y and accurately complete ali forms_ C_ OnROin�gr� Administration. Ongoin6 p='ogr'a�n administration shall �nclude the follow�ng: an.*�ual re-examination and recertification of �enants; - mainienance of pro�ra� °iles ar.d records �or monthly repor �s ; • � ��7-aa-� _ . -. FIRST AMENDMENT TO SECTION 8 HODSING ASSISTANCE PAYMENTS PROGF2AM CONTRACT FOR ADMINISTRATIVE SERVICES The Council and the City agree that the contract they entered into effective January 1, 1988, (Contract No.. M-88-7) relating to the provision of Section 8 housing assistance payments program administrative services is amended in the following particulars: i. Article II, COMPENSATION, METHOD OF PAYMENT, AND RECORDS, Section 2.02, Maximum Pavment, is amended to read as follows: 2.02 Maximum Payment. The Council agrees to pay the City the reimbursable costs incurred by the City in furnishing the services specified herein which are reimbursable to the Council by HUD. A. Ongoing Administrative Fee. The maximum Council payment to the City shall be thirteen dollars and fifty cents ($I3.50) per unit per month. The per unit per month reimbursement amount will be ad7usted whenever the administrative fee received by the Council from HUD for the Section 8 voucher program and/or the Section 8 certificate/moderate rehabilitation program changes. The adjusted per unit per month reimbursement amount,. will be calculated by multiplying the weighted average administrative fee:for the Section 8 voucher program and the Section 8 certificate/moderate rehabilitation program by thirty-five (35) percent. k;. B. Hard-to-House Fee. Provided hard-to-house fees are reimbursed to the Council by HUD, the Council shali pay to the City forty-f�.ve ($45.00j for each hard-to-house family actually housed in a different unit than the family's pre-program unit. A hard-to-house family is a family with three or more minors. A hard-to-house family is actually housed if both a lease and a housing assistance payments contract are executed. The�hard- to-house fes is not payable to the City if the hard-to- house family remains in its pre-program unit. The Council will pay the City a hard-to-house fee each time a hard-to-house.assisted family moves to another unit with continued assistance. C. Retroactive Fee Eliaibility. The City is eligible for hard-to-house fees for hard-to-house families for which (1) a lease and housing assistance payments contract for a new unit were executed on or after January l, 1989, or (2) a lease and housing assistance payments contract for a different unit than the family's pre- program unit were executed on or after January 1, 1989. . • � -7- -- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be execuied by �heir duly authorized representatives. � .. . •. ,. - ..,•. y.v _ • S• �' ..9 .�..L�2 KK079A-CHLGL2 9S METROPOLITAN OUNCIL By David Reni, Execut've i ector Date �� CITY OF � By �,�� i am . ee Its Mayor _ __ Date Apri7 18, 1988 �. . _ 6 _ -- 3.OU No Char3° for Services. All services furnished under this agree:aezt shall De without charge io any applicant, participating family, or owner. 3.05 Disputes. All probl�ems or disputes between the parties hereto shall be subject to review and resolution by the Metropolitan Council Housing and Redevelopment Authority Advisory Committee or other committees subsequently designated by the Council. 3.06 Independent Contractor. The City aclrnowledges its status as an independent contractor under this agreement and agrees that it will conduct iiself consistent �ith such status and that it will not hold itself out or claim that its officers and employees are employees of the Council. By reason hereof, it will make no claim, demand, or application to or for any right or privilege applicable to any officer or employee of the Council including, but not limited to, workers' compensation cove:age, unemployment insurance benefits, social security coverage, or retirement membership or credit, and shall defend the Council and hold it harmless from any such claims brought by empioyees or agents of the City. 3.07 Master Contract. The City understands that the program is subject to the te_�ms and conditions of the Master Contract and to HUD's current. and future.rules and regulations, and the City agrees to abide by the same and to cooperate,with the Council in its compliance therewith._ 3.08 Conflict of Znterest. A�1 membersy officers, and employees of the parties`'�hereto shall comply with applicable provisions of state conflict of in�erest law contained in Minnesota S�atutes Section 469.009 and wi=th federal �� guidelines cont2ined in Section 2.13, Form HUD 52520E (Annual Contributions Contract ?art II). 3.09 ?rior Contract Superceded. This contract supercedes prior Section 8 Housing Assistance Payme.�ts Program Con�racts, if any, entered into be�ween the parties. _ , 3.10 Amendment. The terms of this contrac� aay be changed or modiiied by mutual agreement of the parties hereto. Such amendments, changes, or modifications shall be effective only upon execu�ion of �rritten amendment(s) signed by �he Council and the �ity. � 9T � - 5 - maintained for a period of three (3) years following the termination of this agreement. 2.06 Audit and Inspection. The accounts and records maintained pursuant to this agreement shall�be audited in the same manner as the other accounis and records of the City and may be audited or�inspected on the City's premises or,otherwise by individuals or organizations designated and authorized by the Council at any time following reasonable notification during the contract period and for a period of three years thereafter. III. GENERAL PROVISIONS 3.01 Term of Agreement. The_services to be purchased by the Council and furnished by the City under this agreement shall commence on January 1, 1988 and shall continue until the earlier of the following: (1) termination of program funding by HUD; or (2) termination of the agreement by either party. The Council and the City shall both have the right to terminate this agreement at any time by submitting frritten notice of the intention to do so to the other party at least ninety (90) days prior to the specified effective date of such termination. Cancellation or termination of this agreement by either the Council or the City.sha].i��not affect the rights of participating families within the City during the�4terms of their leases. In addition, the City will be paid for services performed up to the date of contract termination on the basis set forth in Article:Il. 3.02 _ Compliance with�-Federal Laws. The parties shall comply with.all : requirements;imposed bq;;Titles VI-,of the Civil Rights Act of 196�, a� amended, ,�_ ' and the'regulations`of HIID��issued thereunder, 24 C.F.R. Sub�itle A, �art �; . `; ., � Title VIII of.the Civil'Rights Act of 1958, as amended, and the rules''and regulations issued pursuant thereto; Section �0� of the Rehabilitation Act of 1973, 2s amended, 29 U.S.C. Section 79� et seq.; the Age Discrimination Act of 1975� as amendedy 42 U.S.C. Section 610i, et seq.; Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 O.S.C. Sec�ion 1701u; Office of Federal Contract Compliance Regulations, �1 C.F.R. Part b0-2; and Executive Order 11063,' as:amended,:to:the end that, in accordance with the Act, the bceeutive`Order, the reguTations,:and the reouirements, no person shall, on the grounds of race, color, creed;'religion, national origin, or sex, be excluded from participation in.or be denied the benefits of the housing assistance payments program or be subjeet to discrimination in employment because of membership in a class such as urimarried mothers, recipients of public assistance, etc. These provisions are included pursuant to the regulations of HITD and the reouirements of HUD pursuant to the regulations; and the obligations of the City to comply therewith inures to ths benefit of the United States, HUD, and the Council, any of which shall be entitled to invoke any remedies available by law �o redress any breach thereof until compliance therewi�h by �he City. 3_03 Safeguard of Client Information. The use or disclosure by any party of information concerning an applicant or participant in tne program in viola�ion of the Minnesota Government Data Practices Ac� or any other applicable law or rule of confidentiality is prohibited, except"on'the written, informed consent of the applicant or participaa�. 9U ,, _y_ -'_ A. �ployees' salaries and benefits; B. Local transportation expenses; C. Equipment and office furnishing expenses or rental; and D. General office expenses directly attributable to providing the services required by this agreement including, but not limited to, telephone, postage, duplicating, printing, and general overhead. . 2.02 Maximum Payment. The Council.agrees to pay the City the reimbursable.costs incurred by the City in furnishing the services specified herein which are reimbursable to the Council by HUD. The Council payment to the City shall be thirteen dollars and fifty cents($13.50) per unit�per month. The per unit per month reimbursement amount will be adjusted whenever the administrative fee received by the Council from HUD for, the Section 8 vouche^ program and%or the Section 8 certificate/moderate rehabilitation.program changes. The adjusted per':unit:per month rei.mbursement amo.unt will be ca�culated by multiplying.the.weighted average administrative fee for the . Section 8 voueher.program:and=the_Section 8_certif�.cate/moderate rehabilitation; program by thirty-five°:(35) perceni. 2.03 ' Method of Payment. ..:-. . .; . . " . :. � _ . . , -., • . , _ r:.. . , . A. Invoices/Reports. The City shall prepare and submi.t �._ �� periodic�(not_more frequently than monthly) iuvoice/reports on • `. forms or in:<: a; format ,:approved by °`Council staff .. : The �. invoice/reporis<shall. include_a description o� services performed and an item3.zation of the City's rei.mbursable costs of performing such services. ,. , ... B. Payment.�-The Council shall pay„the City for services rendered within;�30,days...f�ollowing receipt and approval by . Council staff of an invoice/report.,`Payment shall be for.-the invoiced amount_,or for the maY�mum amount payable for the invoiced period pursuant to Section 2.02, whichever is less. 2.0�1 Monthly Adjustmsnt. At the end oP each month, the City may be eligible for a monthly adjustment.if the-City's.reimbursable costs during the prior mon�h of providing the services required bq �his agreement�exceed the payments reimbursed by the Couneil. The a.moun� of the monthlp adjustment shall be the• amount, if any, by which the City's monthly reimbursable costs exceed the amounts rei.mbursed by the Council, but in no event shall the monthly adjustm�nt result in payments to the City in excess of the maxim� payment specified in Section 2.02. 2.05 Records. The City agrees to maintain accurate, complete, and separa�e accounts and records of all expenditures o£ funds for which reimbursement is claimed under this ag^eement and of all moneys received pursuant to this agreement. Such accounts and records shall be kept and 9V � 0 -3- "- contact with ow:iers of rental units to encourage their participation in and unde^standing of the program; maintenance of lists of available rental units; and prompt notification to the Council of any tenant problems or changes in the status of applicants. D. Program Reauirements; Training. The City is responsible for � a thorough understanding of program requirements arld procedures as set forth in manuals or materials provided by" the Council. To that end, the City agrees to send a representative to a2Z training sessions scheduled by the Council. In order to furnish the services specified above, the City shall provide adequate staff time and office or program space and shall keep the same ' available to applicants during scheduled business hours approved by the � Council. The City shall also provide adequate signs and directioaal _ infornation to applicants and possible applicants so.that the place and manner of making application.can be easily ascertained. Ttie City shall keep;on hand for distribution adequate brochures or other information/materials as prepared by the Council and shall supplement the brochures with local informational materials as appropriate. The manner of furnishi.ng these services shaZl be agreed upon by the City and the Council. The parties shall from time to time confer concerni.ng the detai.ls of: the furnishing of the services, axid the City agrees to comply with reasonable demauds� of the Council concerning the same. 1.02 Program Obligations of Council.:;; The:parties,understand that the City shall not be required to.provide the following program servic�s<�¢_,° � activities wnich are the sole responsibilitp of the Council: performing all areawide affirmative marketing acLiviiies, such as preparation of brochures and advertising, and contacting and �orking with area coffinunitp groups; rental property owners, and ma.nagement groups; :, � maintaining a waiti.ng list; , � �- selecting applicants for participation; �king housing assistance payments to owaers; conducting hea.~ings pursuant to applicabie federal regulations; training loQZl program staf� and preparing ope^ati.ng brochures, forms, manuals, and other program related materials; eollecting all areawide data and pr�paring all housing assistance program reports for HUD; and performing all other matters con�ained in the Master Cont^act. II. COMPEP:SATION, METHOD OF PA`_'MENT, AND RECORDS 2.01 Reimburszble Cos�s. The Counc�l shall :'°1IIDL'^se the City `or �he following costs and expenses actually incurred by �5e City in the direct provision of the agr°ed uDOn servic�s: 9W � � .,.. i1-88-% FIRST AI�iDMENT TO SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGR�M CONTRACT FOR ADMINISTi2ATIVE SERVICES The Council and the City agree that the contract they entered into effective January i, 1988, (Contract No.. M-88-7) relating to the provision of Section 8 housing assistance payments program administrative services is amended in the following particulars: 1. Article II, COMPENSATION, METHOD OF PAYMENT, AND RECORDS, Section 2.02, Maximum Pavment, is amended to read as follows: 2.02 Maximum Pavment. The Council agrees to pay the City the reimbursable costs incurred by the City in furnishing the services specified herein which are reimbursable to the Council by HUD. A. Ongoincx Administrative Fee. The maximum Council payment to the City shall be thirteen dollars and fifty. cents ($13.50) per unit per month. The per unit per month rei.mbursement amount will be ad7u5ted whenever ' the administrative fee received by the Council from HUD. for the Section 8 voucher program �nd/or the Section 8 cer�ificate/moderate rehabilitation program changes. The adjusted per unit per month xei.mbursement amount:. will be calculated by multiplying the weighted average administrative fee for the 5ection 8 voucher.program and the Section_8 certific�te/moderate rehabilitation program by thirty-five (35) percent. . ��., �� B. Hard-to-House Fee. Provided hard-to-house fees,are reimbursed to the Council by HUD, the Council shall p�y to the City forty-f�.ve ($45.00) for each hard-to-house family actually housed in a different unit than the family's pre-program �nit. A hard-to-house family is a family with three or more minors. A hard-to-house family is actually housed if both a lease and a housing assistance payments contract are executed. The hard- to-house fee is not payable to the City if the hard-to- house fami3y remains in its pre-program unit. The Council will pay the City a hard-to-house fee each time a hard-to-house;assisted family moves to another unit with continued assistance. C. Retroactive Fee EliQibility. The City is eligible for hard-to-house fees for hard-to-house families for which (1) a lease and housing assistance payments contract for a new unit were executed on or after January 1, 1989, or (2) a lease and housing assistance payments contract for a different unit than the family's pre- program unit were executed on or after January 1,,:1989. �1.� � � � -2- Except as amended hereby, the provisions of the above-referenced contract shall remain in force and effect without'change. IN WITNESS WHEREOF, the parties have caused this amendment to be executed by their duly authorized representatives on this 12th day of December "`, 1989. Approved as to form: �Jc�:C ej ..�z -- Assistant Counsel � METROPOLIT COUNCI . ./ By David Ren2, Exec ' e Director CITY OF FRIDLEY BY_,l,/1 / ti�� ~'�. . Its Mayor � i, - :, ; ;, , . i .: ;... , ERM00125 . 9Y - - ,bc�,�� Contract No. M-8&7 SECOND AMENDMENT TO SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT FOR ADMINISTRATIVE SERVICES The Council and the City agree that the contract they entered into effective January 1, 1988 (Contract No. M-88-7) and amended December 12, 1989 relating to the provision of Section 8 housing assistance payments program administrative services is further amended by adding Exhi'bit A which specifies the cities within which the City will perform the administrative services provided for under this contract. Exhibit A is attached to and made a part of Contract No. M-88-7. Except for this amendment, the provisions of the above-referenced contract shall remain in force and effect without change. The Council and the City agree that this amendment is effective February 1, 1992. IN WITNESS WI�EREOF, the Council and the City have caused this second amendment to be executed by their duiy authorized representatives. , Approved as to form: r� . — l=�c s�. Assistant unsel DDT038 9Z M OPOLITAN C UNCIL y S a n G Klumpp, Exeeu ' irector Date � � �� — CTTY OF FRIDLEY By ��+. �i�-�— j� Mayor Date February 24 , 1992 �.- ' _ ', .. EXHIBIT A The City agrees to perform the Section 8 housing assistance payments program administrative services described in Contract No. M-88-7, as amended December 12, 1989, within the following cities: City of Fridley City of St. Anthony • � . z�. � ��: ; � METROPOLTTAN COUNCIL Mears Park Centre, 230 East F'ifth Street, S� Paul, Minnesota 55101 612 291-6359 TDD 612 291-0904 DATE: March 27, 1992 TO: Barb Dacy FROM: Tom McElveen �'/yJ�/�G SUBJECT: Second Amendment to Section 8 Hflusing Assistance Enclosed is the Second .Amendment to Section 8 Housing Assistance Payments Program Contract for Administrative Secvices for your 61e. . - ,+ • -�- Contract No. M-88-7 S�COND AMENDMENT TO SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT FOR ADMINISTRATIVE SERVICES The Council and the City agree that the contract they entered into effective January 1, 1988 (Contract No. M-88-7) and amended December 12, 1989 relating to the provision of Section 8 housing assistance payments program administrative services is further amended by adding Exhibit A which specifies the cities within which the City will perform the administrative services �rovided for under this contract. Fxhibit A is attached to and made a part of Contract No. M-88-7. Except for this amendment, the provisions of the above-referenced contract shall remain in force and effect without change. IN WITNESS WHEREOF, the Council and the City have caused this second amendment to be executed by their duly authorized representatives on this day of February 1992. Approved as to form: METROPOLTfAN COUNCIL By Assistant Counsel Sharon G. Klumpp, Executive Director .. �: • � � CITY OF FRIDLEY By Its , ) EXHIBIT A The City agrees to perform the Section 8 housing assistance payments program administrative services described in Contract No. M-88-7, as amended December 12, 1989, within the following cities: City oE Fridley City of St Anthony 9EE �:� : � �� _� . Engineerinc, Sewer Water Parks Streets Maintenvnce MEMORANDUM TO: Wiliiam W. Burns, City Manager�a PW94-305 FROM: John G. Flora,�Public Works Director DATE: September 19, 1994 SUBJECT: Main Street Improvement Project The Anoka County Highway Department is 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. This is a County Highway project and they desire 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 City held a public hearing on this project and the proposed assessments'�or the concrete curb and gutter, bikeway/walkway and storm water improvements on September 6, 1994.. 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 10 _� .,� . �� 1' i RE90I�TI'I(]I�T 1�U. - 1994 -�• � �� • •,� • � • �: • u •�a� e � • •�• �� n • • •.� �+a�a�� w: � �• •.� • �+ i� �� r• � •�a� •.r. • u: .�a+ �- • •� �i••.�•�i:� ••,• a • �, plans for Street Impravetn�nt Project No. ST. 1994-8 shvwirig proposed aligmnent, profiles, grades and cross-sections for the construction, reconstruction or i�rovement of Main Street within the limits of the City as County Project CP 89-28-02 have be�n prepared and presented.to the City, and �EAS, the improvement plans have been ccm�leted to fuYther enhaYxx�ee the drainage and storm sewer system in the area includiizg concrete curb and gutter and re-surfaced street, and WI�REAS, the in�ravement plans itioorporate a bikewaY/walkwaY system alarig the west side of Main Street for which ttle City i.s obtai ni nr� easen�nts to facilitate : the canstruction. NCJW, �, B$ IT RE90LyED �T, the City Ca�uncil of the City of FYidley, Anoka County, Mi.nne.sota, apprave the abave m�entioned plans and that Anoka Oaunty be zequested to proceed with the impravemerits on Main Street frcan 44th Avenue to I-694. PASSID AND ADO�ID BY Tf� CITY QOI�TCIL OF 7� CITY OF FRIDLEY THIS 1ST D�iY OF AUG[TST, 1994. : . ,.� �� , " ATPEST: � ►. �• • ��4 �+ �� . 10A WILLIAM J. NEE - MAYOR , En9lneenng Sewer Waler Parks Slreets Maintenance MEMORANDUM TO: Wiiliam W. Burns, City Manager �� PW94-302 FROM: John G. Flora, �ublic Works Director DATE: September 19, '1994 SUBJECT: Main Street Joint Powers Agreement Anoka County has prepared a Joint Powers Agreement associated with the reconsfrucfion of Main Street (County Road 102) from 44th Avenue to Interstate I-694. The project is currently estimated at $1,206,061.48. Based upon the County's project participation policies, the City's portion of the project, to include engineering, is $174,776.71. In the Joint Powers Agreement, the City will be .required to participate in funding the concrete curb and gutter, the refocation of watec items, a portion of the storm water improvement, and 100%o for the construction of the bikeway/walkway system. A public hearing on the improvement and the assessment distribution was held on September 6, 1994. Recommend the City Council authorize the Mayor and City Manager to execute �the Joint Powers Agreement for the reconstruction of Main Street iCounty Road 102) from 44th Avenue to I-694, County Project No. 89-28-102. JGF:cz Attachment �1 _� �•�rs �a � Anoka County Contcact No. 94(�$$ JOINT POWERS AGREEMENT FOR 'I'�IE RECONSTRUCTION OF COUNTY ROAD NO. 102 (MAIN STREET) FROM 44TH AVENUE AND INTERSTATE 694 Project No. CP 89-28-102 THIS AGREEMENT is made and entered into by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County," and the City of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota 55432, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the parties to this Agreement have long e�chibited concem for the deteriorating condition of County Road 102 (Main Street) (hereinafter CR 102) as well as the poor drainage along said CR 102; and WHEREAS, the parties to this Agreement are mutuaily agreed that the reconstruction of CR 102 and construction of a storm sewer system should be done as soon as possible; and WHEREAS, the County Highway Department has prepared pians and specifications for Project No. CP 89-28-102, which plans and specifications are dated July 13, 1994, and which are on file in the o�ce of the County Engineer; and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and WHEREAS, together with the sharing of the cost of construction for the storm sewer and roadway, the City will incorporate miscelianeous utility work to be covered by this Agreement; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, it is mutually stipulated and agreed as follows: 11A I_ PURPOSE: The parties have joined together for the purpose of reconstructing the roadway, drainage, sidewalk, as weii as other utilities on a portion of CR 102 as describerl in the plans and specifications numbered CP 89-28-102, which are on file in the office of the County Highway Department and incorporated herein by reference. II. METHOD: The County shall provide all engineering services and shall cause the construction of County Highway Project No. 89-28-102 in conformance with said plans and specifications. The calling for all bids and the acceptance of all bid proposals sha11 be done by the County. III. COSTS: A. The contract costs of the work, or if the work is not contracted the cost of aIl labor, materials, norma[ engineering costs, and equipment rental required to complete the work, shall constitute the actual "construdion costs" and shall be so referred to herein. "Fst'vmated costs" are good faith projections of the costs which will be incuned for this project. Actual costs may vary and those will be the costs for which the City will be responsible. B. The estimated cost of the total �roject, based upon the low bid, is 51,206,061.48. N Part'rcipation in the construction cost is as follows: The City will pay to the County 509'0 of the cost of concrete curb and gutter. The estimated total cost of curb an@ gutter is $70,476.56, of which the City's estimated share is $33,691.28. 2. In-place concrete walk will be ceplaced by the County at no cost to the City. 3. The City will pay 100% of the hydrant relocation and gate valve box adjustment, water and sewer construction_ The estimated City cost of these items is $18,010.00_ 4. The City will pay for the non-eligible portion plus the non-paRicipating poRion of the storm sewer construction. The non-eli�ible cost will be determined by the State hydraulics letter, anticipated at 20% of the cost -2- :� of the storm sewer. The estimated cost of the storm sewer is $448,606.70, of which the estimated City cost for storm sewer is $89,721.34. . 5. Any in-place driveway pavement disrupted by the construction will be replaced in kind by the County at no cost to the City. The cost of driveway upgrades will be added to the City's costs where requesterl by the City and the property owners. 6. The City will pay 1003'0 of the cost of the new bituminous bikeway. The City's estimated cost for the bikeway is $20,037.67. The City is responsible to acquire all necessary easements for construction of the bikeway. Ttie City shall hold the County harmless for all non- conformance with the Anoka County Highway Department Policy on Bikeways. 7. The City shall furnish and deliver to the construction site replacement hydrants for any hydrant which is being relocated as a part of this project which the City wants replaced. 8. The City will pay 100% of the cost of private and business sprinkler system relocations and adjustments. The City will be directly invoiced for these items of work based upon actual quotes for the work accomplished. G The total estimated cost to the City for the project is $161,830.29, as shown on the attached Exhibits A and B. The City participation in engineering will be at a rate of 8% of their designated share. The estimated cost to the City for engineering is $12,946.42. Therefore, the grand total estimated cost to the City for the project is $174,776.71. D. Upon award of the contract, the City shall pay to the County, upon written demand by the County, 95% of its portion of the construction costs ot the pro�ect esumatea ac $166,037.87. The City's share of the cost of the project shall include only construction and engineering expenses and does not include administrative expenses incurred by the County. E. Upon final completion of the project, the City's share of the construction cost will be based upon actua( construction costs. If necessary, adjustments to the initial 9�% charged will be -3- 11C �— made in the form of credit or additional charges to the City's share. Also, the remaining 59'a of the City's portion of the construction costs shall be paid. IV. TERM: This Agreement shall continue until (1) terminated as provided hereinafter, or (2) until the construction provided for herein is completed and payment provided for herein is made, whichever of (1) or (2) shall first occur. V. DISBURSEMENT OF FUNDS: All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES: All contracts let and purchases made pursuant to this Agreement shall be made by the City 'vn conformance to state laws. VII. STRICT ACCOUNTABILTI'Y: A strict accounting shall be made of all funds and report of alt receipts andadisbursements ��.: � . shall b.e made upon request by either party. � VIII. TERMINATION: This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shali be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro-rata share of costs which the County incurred prior to such notice of termination. IX. MAINTE�tANCE Maintenance of the completed watermain, sanitary sewer, storm sewer system except catch basins and catch basin leads, and bikeway shall be the sole obligation of the City. -4- 11D X. AFFIRMATIVE ACTION: In accordance with the County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disabiliry or national origin. XI. NOTICE: For purpose of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and the City Manager of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota 55432, on behalf of the City. XII. INDEMNIPICATION: The City and the County mutually agree to indemnify and hold harniless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents or empioyees relating to activities conducted by either party under this Agreement. � XIII. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING: � It is understood and agreed that the entire agreement of the paRies is contained herein and that this Agreement supersedes alt oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations or modifications of the provisions of this t Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. -5- 11E 0 IN WTTNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA By: Dan Erhart, Chairman County Board of Commissioners Dated: ATTFST sy: John "Jay" McLinden County Administrator Dated: RECOMMENDED FOR APPROVAL By: Jon G. Olson, P.E. County Engineer Dated: APPRO VED AS TO FORM By: Dan Klint Assistant County Attorney . Dated: �i�a,��«im-a-4.rra CITY OF FRIDLEY By: Nante: William J. Nee Tide: �yor Dated: By: ��e_ William W. Burns Titie: City Ma.nager Dated: By: _ �� /"� Name: L Title: Dated: � 11F By: _ Name: Title: Dated: 0 Engineering Sewer Waler Parks Streets Maintenance MEMORANDUM TO: William W. Bums, City Manager�� PW94-311 FROM: John G. Flora�Public Works Director DATE: September 19, 1994 SUBJECT: Main Street Bike Path The last two City bike path study committees identified a need for a bike path on Main Street as part of the overall Cit�s plan and direction. With the County's proposed improvement of Main Street, we have requested a bike path be incorpora#ed into the overall plans and construction. As a result of our overall plans, we have reviewed and discussed the bike path location with representatives from the Metropotitan Council and the Minnesota Department of Transpodation Offices: As a result of these discussions, it is determined that the most appropriate route for a bike path on Main Street south of I-694 is an off-street path on the west side of the street. Over the years the City has received a 15-foot bikeway/walkway easements from certairi;;properties in this area in anticipation of this improvement. The County is currently improving Main Street. °' Induded within the project is a bike path on the west side of the street. The contractor has been informed that the path can be constructed either this fall or early next spring. The staff has attemp#ed to obtain 15-foot bikeway/walkway easements from all of the commercia�ndustrial properties on the west side of Main Street. This has been accomplished with the exception of five properties: Kurt Manufacturing, Timmerman, Gladwin, Dealers Manufacturing and Central Roofing. We have met with the company representatives on numerous occasions and requested easements, indicating that this would have no affect on theic code setback requirements and any landscaping or repair work associated with the bike path would be incorporated into the project. We have not been able to obtain easements for this improvement. Easements have been proposed as it would not have a negative impact on their properties. If right-of-way was acquired, it would adversely impact the various setback requirements for parking and building on the established lots. As a means of expediting and completing the overall City's bike path pfan, we request authori#y to initiate condemnation proceedings for a 15-foot bikeway easement foc the remaining properties on Main Street. JGF:cz 12 __/ •�' •. �. , ��I� �. - 1994 •� �• � •, •� �.�� a .� �i • •• u.i� a � • n �i i i:,•_ • v� � � . • • � r.i� � �� •; • � � �� i� �r r• � • ••�� • � �� i r�� : M'� ^r• �+� y� i�+ �S, The City Ooiuzcil of the City of Fridley has det.ermined that there is a need for the constnxction of an off-street bik�way/walkway syste�,m alonq the west side of Main Street south of 53rd Avenue, within the corporate limi.ts of the City to_provide a safe alte,rnate mode of transportation facilities within the City; ar►d �, t.he t7cxu�cil believes that the aaqui.sition of the easements descxibed bel.aw is reasonably neoessaYy ar�d corYVenierit to the furtheranoe of these �j ectives ar�d will P�� health, safety and welfare of the City's residents and is iri aaoo�l with the public purpose and prwisions of applicable State and local laws; and �, the City has bee.n unable to su�o�ssfully n�otiate the acquisition of a 15- foot bikeway/walkway easement froan five properties along Main Street located in the City of Fridley, Cot.uzty of Anoka, State of Minnesota, to wit: 1. The west 15 feet of the east 45 feet of that part of Lot 4, A�ditor's Subdivisio�-i No. 79 lyitx� east of a line 361 feet easterly, as measured at right ar�gles to, tYbe a�nt�er line of the main tracJc of the Northexn pacific Rail.road ar�d lyir�g ryorth of the southexly 818 feet thereof as � at right angles to the south line thereof and lying south of the northerly 339 feet thereof as measured at right arigles to the north line of said 7At 4. Subject to e,asements of record. (Ti�rnnan) 2. The west 15 feet of the east 45 feet of the narth 326 feet of the south 646 feet of Ipt 4, Auditor's Subdivision No. 79 as measured at right angles to the south line of said Ir�t 4 thereof lyirig east of a line 361 feet easterly of, as measured at right angles to, the centerline of the main tracJ� of the Nort�em Pacific Railway �any. Stabject to e.asements of reoord. (Gladwin) 3. The west 15 feet of the east 45 feet of the north 339 feet of that part of Lot 4, Auditor's S�abdivision No. 79 lying east of the west 100 feet thereof: subject to easements of record. (Kurt Manufacturing) 4. The west 15 feet of the east 45 feet of that part of the south 320 feet of 7At 4, Auditor's Subdivision No. 79 lying east of a line 361 feet easterly of ths aenter line of Burlington Northern Railroad right-of-way, as measured at right angles. Subject to easements of record. (Dealers Manufacturirig) 5. The west 15 feet of the east 48 feet of Tract A Registered Land gurvey No. 102. (Central Roofinq) �� T�E�ORE. BZ IT 1tE.SOLVED TI�T, the City Council of the City of Fridley, Anoka County, Mi�nesot�, hereby authorizes the acquisition of said easements by eminent darnain pursuant to Minnesota Statutes, Chapter 117. 12A Resolution No. - 1994 Page 2 B$ IT FOR�t RE�OLVED, that the City Attorney is requested to file the n�eoessary p�ti.tiori th�x�efar�e ar�d tA p�asecute s�x3� actian to a suooessful ooa�clusioaz or until it is abarr.ion�ed, dismis.sed or t�enninated by the City �il or the Caurt. 'i:�i� • I� � �• • :rl� �;1: M •� 11 M1 •' YC1. M •I' ' 1� Y:� : • 4: �'•t •1'. :i�1' J� 1:1:�1' ATl'�ST: Tl'F5 WILLIAM A. C��MPA - CITY CLERK WILISAM J. NEE - MAY�t - - . .. . . �:,.., .. j.,�,. . . . - . � . � . � . . . . � . . <�'�t � . 12B ) �, � � w r Z U ��, � i;'I._,:,, / , , ;I /�' // %; �� l�l✓r _ �// - I�� .:�..�.,�r.J / � .";� �__�=o _� ,,, .. �.- � � � ""� a ,.:,�. �� ,.�r;�j ;; ,; . � / - '�%� ///�� aus. ( ( , '. /� / ' CENT_ �� : �..- � ��'; :` :- J I ' ° E.R.F. � �l r _I� `'`� �+ � � ;� ; _ e,;s. � �`3 .IJ 1 �EH-, � (:. � I � � ,t'� . C '1 j� i' l J� �0� � 7 � I ��'�t ��'� ��1 � : s Z . . r i �'�'1 .�� . . . i ° 1 °�� I . . � f., ¢ i �, m � `.• qe._r} _.Y I�..,�: i j, . ' h•,�•r'. (l'•� . � � .� . � . ! ' � , � .i �'` � e C= �� ' ,� ('� } \1\ °� t �`� � � n��T�.','`\�� 0 7 .,� i \\ a ` � ''•- :'3�1, y � E i \\ .i �+...` I r�•i f�. •.•J V.\ . / ~ n � � � � 1 I ; ,."' ' '� � �.� a � J � �� , c ; \�\,, � � \ ` i � :' �' -�'. ,� - ��; 1 � O� �:--�,%�, �� cP ; �:. c��\ � ij � <.7��;�\o �(� . � � i BROOKIYN CENTER -_- V '� ° � �\ ,\\ , MINNEAPOUS �� '.V. S.� �� \ � � �,;r � �:��:t �:...� �� ;�. \ � �� , C� \"\ �, �` � o � C. � . � � �i r. �,� � �iy � �� ` �� C:a :_ -� �; � �- — `. � �� ,�<� `T: �,� , . . :-; �_ � , �. :1 LC � I, � I � � �I � � � � i ,i ,�� ,, . ., ,�,;,, ,� , , ,� � ; , � ,, �,, , .. ; , , ' �I ,I �---- ---�--- ' �;� _— - .-__----::� � �-�- U�:� ; �1----..._ -� �t i -------7;oy— — —' �700 �r __---.-� .. ..i... � � - ,,: �� ' � 5300 � � ' � ..� ;�. ., , , ... - �� _:�� ; � �:Li. �Ef�tP ` L_ � s , , � %"•� : �� ► 'i '��' � ;� ; �� , . � � 1 r � � —570 �e. 't�/�� - I �� - . e ;� � � i�URT r�� ' � ' 71MMER6iAN ` .�. � . � � h B FULLEA � � � GLADWIN j ; '� � ' OEALERS Mfg" _ � ,`�� —�+a.. ' I - API Supply - - ..,o.u. - � -- .,� .. , . ..'' !. zs�i'��!"i�-' .¢o, ��_,...a..� � :wz � 4 asoo r� � 1 - i ` a� � ..� `w J, ) � v wf I � MURPHY WAREH� ! � � - -- -� .�..,� „ �1 � i SAFETRAN �i : �: � ---- ---� .}- CENTRAL ROOF � ; �--____---.�., �� i , � GENERAL MILLS � i � t.-..- ... , �� r � - � ..� =�-, i _ �� N r - x /J __ � a m � J vY-::� �r�.-.- . _.- :.��„ O va �} I `.a+w .•• ■ Englneenng Sewer Water Parks Streets IMaintenance MEMORANDUM TO: William W. Burns, City Manager��t� PW94-313 FROM: John G. Flora,�Public Works Director DATE: September 19, 1994 SUBJECT: Consideration for Installing a Monitoring Well on City Property Dahl & Associates, Inc., working for Conoco Oil Co., is doing a ground water monitoring evaluation for the Conoco Store located at 7600 University Ave NE at the intersection of Osborne Road and University Avenue. This area is a service station with underground fuel tanks: As a part of their on-going monitoring program, they propose to install a monitoring well on the west side of the service road in the boulevard in front of the Cub property. Recommend City Council receive the petition fcom Dahl & Associates, Inc. and authorize the placement of a monitoring well in the boulevard with the condition that the City be held harmless for any damages which should occur as a result of the installation and maintenance of the monitoring well and that the City be provided copies of the monitoring information for our records. JGF:cz Attachments 13 � .,�. . �A H � & ASSOCIATES, INC. Environmenta! Compiiance Management Sysfems September 7, 1994 NIr. Scott Erickson Assistant Public Works Director City of Fridley Fridley Municipal Center 6431 University Ave., N. E. Fridley, MN 55432 Dear Mr. Erickson: RE: Monitoring Well Installation Requirements in Right of Way, on City of Fridley Property Near Conoco Store #23310, 7600 University Avenue NE, Fridley, Minnesota, MPCA LEAK# 00000591. Enclosed is a map indicating the approximate location of the monitoring weil fo be installed at the above referenced location. Per our telephone conversation on September 2, 1994, the well is believed to be on the City Property. Therefore, a"Hold Harn►less" License Agreement, generated by Conoco Inc., to be completed by the City of Fridley. If conditions in the agreement are not acceptable by� the City, please noti me as soon as ossible. If the Cit acce ts this a reement, ` �` P Y p g please sign it and return a copy to me. Once a singed copy is received, it will be included with the Minnesota Department of Health (MDH) monitoring well application permit. Also enclosed are the appropriate fees required by the City. DAHL will schedule a utility meet prior to installation and all necessary precautions (i.e. traffic control, sheathing, etc.) will be taken if warranted. DAHL and Conoco Inc. appreciate your cooperation concerning this matter. If you have any questions or need additional information; please contact me at our office. Sincerely yours, DAHL & SOCL ES, INC.. :-�%�; �� _ G l� Mike Watson Project Manager MPW/rl enclosures cc: Mr. Jeff Smail, Conoco Inc. 4390 McMe�emy Road • Saint Paul, Minnesota 55127 �(612) 490-2905 • FAX (612) 490-3777 �• Printed on 1p0`-o «�tyded paper�r� �. En w�rx 1+ ai least i 5^�� post-con;:umor waste. �%�SOY INK _ / � � `L L� r O -i � �� / � V� � O� � / �� / �� IDD �p �� g �Z Zm 0 b � D 0 � Q DISPENSEk ISIANp TE�T A �t tl l�T T �i' ��R T 1�T f'' i � 1 �1 � , �- "�^ Y� �� 2� � ` ?7!Y' . �� i rn �°..- � ` / � � //' � , � � � �w / �� m ; z a � � N v � � � CONCREI£ 0 0 � o � . � A O e � � � • i� w �� i � ��<< . ��'-� � 1O� L�� }, 1 -} � •� � �_, ;�, t�a � �.x� � ` � � � X � y �� fJ � Q � W I z pro �, 1 `�1 0 a o� \ � G � �� i � � � C � � ` N 1 ( 0�� Q OISPENSER ISUND CANOPY BOR��- �c ZAT T.� T r !�� '�� A �T� T/1 T� T C� BITUMINOUS � v �c n � . ��p Nrn � �'' m (+�Q ,.w�.,-ZZ L� T�7� �� 7 0 o a �s �� -� p � � � � � � � � � �� Z � N � � � � � � Q � A V 4 f F LICENSE AGR�IT This LiCENSE AGRfiF�4IENT is mac{e and cnterod imto m� � day of , 1944, b'Y and bttvacen The City of Fridky and Conoao Lnc., (* p3. the G�ty of P� ow� Envpctiy lo�ated �t So��5TfA1'�r 0� t'Y�l�� %� „� . �., .,, .R ° i WfF�!REAS, Conoca is conducting an euviro�ai i�e�rigatian aad/or remcdiation at the properl.y laca�tod at 76Q0 Univtrsity Avenuc P1E, Fridley, Mian�ota; ` W�RFA.S, Conoco desires to co�dtect eaviranmental iaves�gaaon acuvities sc The Pmpery sad co ucess g as uec�uucod tYy enviramnensal rcgdatory a+wwzirics; PF�W 1iiQLEFURE, th�e gaities a�oe as Pallows: 1. � ss .'I�e City of Fridiey bdereby grads to Canax� a liocnse to enEer onto T5e Pmp�ty to petmit Conrxb, ai Crni000's [�st � e, to CosxiuCt r•u ' mv uvc acrivid�es of the�� by O�( QV ��V�LLi07iLl�OV t�1A ! Sh�ld tem of atry wells ar be �ssa�y at a lat� date, Caaoco wiIi abaa�don such w�lts or stn�caues s�1 repum the sicc w its �pproxip�ace orig,inat c�andiition. 2 Hokl Narmless. Comco w�i perfarm tl�e adivities so as aot ia iabetPene widi tt�e us� of 1Le Propeity. Co�CO ag�es to indemaify and hold har�tcas tir Ciij. of Ftidlep, itt agents and assigio�s from aay and �l dai�s, losses, damages, liabilities, ca�ss a� expenses becaase of persanal mjury. dcath or piuperiy damege n�iltin8 fmm Coa000's e�se of ?he Pmpexty. � Conoco s� mdeno�ify and hoid h�mless tbe Gty af Fridiry, }ts s�z�cesso�s aad assig� tra�ao. aad ag�i�t anY aud aI! c,lsims, l�s, dannages. liabi'l�' 'es, causes of action attd judgmeuts ba�use o€ pecsaael injurY, � or ProP�rtY �� teulting from the presenc�e of h�+drocarbaas or at�es oo�tamim�tion no�meih+ as�cia�ed wit$ �ta� gasoline �n5 on thc Property aud origina�ng 13C SEP 2'94 16:10 FROM CONOCO 713-293-3305 TO 96124903777 PAGE.002 durtn� Can000's opecatio� of tt�e t�i1 $asol�e f�c�r- Tt�is indcmnity shall � witha�ut furtber ef�ect � C.owaco's satisfaaion of the � of rem�diation ord�red by tho I��SOta Follttdou Co�rol Age�y for r1�e grope�ty desc,td�ed. 3. Assi�. T��e Lac� Ag�ent will be b�ciing upon, �d imu+e ta the benefit of the p�arpe� �o, aad �eir rapec;tive �ars and ass�igt�s. No P�'t9 may assign its rigYus or dutres under this Agn�ment wirhaart pzxar �oticx to ca,� atber garty. IN WI'1'NFSS R��RFAF, the paztics hcr�bo havic exaxtt�od this Agreement as of the date 5rst above wrilten. T1�e City af Fridley B�►: Title: 13D C�NOCO 1NC. a Delaware coiporation BY: �- T"ltle: Program aaaa�er, Remedi.atian ** TQTAL FAGE.002 ** � MEMORANDUM . . : �.► FINANCE DEPARTMENT . '� CITY OE'FRIDLEY; , U7YOF _ ; : �RlDI.E]' ., TO: FROM: �1'�r/'�- �iTILLIAM W. BIIRNB, CITY MANAGER � RICHARD D. _ PRIBYL . ' FIN.4NCE DIRECTOR . RICHARD D. PRIBYL, FINANCB DIRECTOR HOWARD ROOLICR, A88ISTANT FINANCB DIRECTOR WALTER COLS, ACCOIINTING/DATA PROCESSING CLERR SIIBJECT: RESOLIITION DIRECTIN(,� PRBPARATION OF A88ESSMENT ROLL FOR STREBT IMPROVBMENT PROJECT WO. STREET 1993 -� 1 % 2 DATE: SEPTEMBER 15, 1994 Attached you will find the resolution directing preparation of the assessment roll Street Improvement Project No. 1993 - 1& 2. This project included improvements on Monroe St, Hathaway St, 7th St, Lynde Dr, Regis Ln, Cheri Ln, Fillmore St, 53rd Ave, and Brookview. Dr. The preliminary hearing for this project was April 19, 1993. This project will be assessed for ten.years at an interest rate of 5.5 $. , RDP/whc � �lttachment e RSSOLIITION NO. - 1994 RESOLIITION DIRBCTION PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT pROJECT NO. STRFBT 1993 - 1 ic 2 BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: . I. It is hereby determined that the assessable cost of construction with respect to the following named improvement, to-wit: STREET IMPROVEMENT PROJBCT NO. BTREET 1993 - 1 i 2 including all incidental expenses thereto is estimated at $ 1,371.602.24. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of Iand benefited by said improvement accordinq to law. PA88ED AND ADOpTBD BY THE CITY COIINCII� OF THE CITY OF FRIDLEY '1'HIS DAY OF , 1994. ATTEST. WII,LIAM C. CHAMPA - CITY CLERR 14A WILLIAM J. NSE - MAYOR MEMORANDUM � FINANCE DEPARTMENT '` ` RICHARD D. PRIBYL : CITY OF FRTDLEY : �noF . FrN�vcE Dt�cTOR - _ ; ;. i:: -FWDL�.Y TO: AILLIAM W. BIIRNB� CITY MANAGER s�/%�' ��N FROM: RICHARD D. PRIBYL� FINANCL DIRECTOR HOWARD ROOLICR� ASBISTANT FINANCE DIR$CTOR WALTER COLE� ACCOIINTIWG/DATA PROCEBSING CLERR SIIBJECT: RESOLIITION DIRBCTING PIIBLICATION OF HEARIN(� ON ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. STREBT 1993 - 1 ic 2 DATE: SEPTEMHER 15, 1994 Attached you will find the resolution directing publicaton of hearing on proposed assessment roll for Street Improvement Project No. 1993 - 1& 2. This project included improvements on Monroe St, Hathaway St, 7th St, Lynde Dr, Regis Ln, Cheri Ln, Fillmore St, 53rd Ave, and Brookview Dr. The Public Hearing Notice will be published in the Focus on September 27 and October 4, 1994 as required by State Statute. RDP/whc Attachment RE80LIITION �i0. - 1994 RESOLIITION DIRECTING PIIBLICATION OF 8$ARING ON PROPOSED A88E88MENT ROLL FOR STR$$T Ili�LOVBME�IT PROJECT NO. STREET 1993 1 i� 2 WHEREAS, by resolution passed by the Council on , 1994, the City Clerk was directed to prepare a proposed assessment of the cost of installation of concrete curb and gutter, a new asphalt driving surface and all associated striping, signing, and landscaping, and related appurtenances; and WHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and filed in his offi.ce for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka C.ounty, Minnesota, as follows: 1. The City Council shall meet at the Fridiey Municipal Center in the City of Fridley, Anoka County, Minnesota, on the._17th day of October, 1994, at 7: 30 0' clock P.M. to pass�,�upon 'the �; :: proposed assessment for: STREET IMPROVBMENT PRO.TECT NO. STRSBT 1993 1 ic 2 2. The City Cierk shall publish notices of the time and place of meeting in the official newspaper of the City at lease two (2j weeks prior to such meeting. ' �PASSED AND ADOPTED BY THE CITY COIINCIL OF THL CITY OF FRIDLEY THIS DAY OF � 1994 � ATTEST: WZI,LIAM C. CHAMPA - CITY CLERR 15A WILLI�M J. NEL - MAYOR CITY OF FRIDLBY ANORA COIINTY, MINNESOTA NOTICE OF HEARING ON ASBBSSMENT FOR STRE]3T IMPROOEMENT PROJBCT NO. STREET 1993 - 1 ic 2 Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 17th day of October, 1994, at 7:30 o'clock P.M., to hear and pass upon all objection , if any, to the proposed assessments in respect to the following improvements, to-wit: STREET IMPROVEMBNT PROJECT NO. STREET 1993 - 1 f� 2 The proposed assessment roll for each of said improvements in the total amount of $ 1,371,602.24 is now on file and open to public inspection, by all persons interested, in the office of the Clerk of said City. The general nature of the improvements and each of them is the construction of street improvements including installation of curb and gutter, a new asphalt driving surface and all associated striping, signing, ar�d landscaping, and related appurtenances as follows: Monroe St - 67th to Riae Creek Terrace � Hathawap St -$ast of Reqis Ln 7th St - Madison St to 900 ft West Lynde Dr. - Hillwind Rd to Polk St Reqis Ln. - Reqis Dr. to Matterhorn Dr. Cheri Ln�. - 53rd to Fillmore 8t Fillmore St - 53rd to Cheri Ln 53rd Ave. - Fillmore St. to Matterborn Dr. Brookview Dr. - Mississippi to Rice Creek Terrace The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part-proportionately to each of the lands -- therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessment for earch of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. 15B Paqe 2- Notice of 8earinq on Assess�ent of 8treet Improvement PrOjeCt No. Street 1993 1 i 2 A property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30j days after adoption of the assessment and filing such notice with the district court withinq ten (10) day after service upon the Mayor of City Clerk. The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be a least sixty-five (65) years of age or older, and in the case of husband and wife, on member naust meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds two (2) per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return. The deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or�any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS DAY OF � 1994 BY ORDER OF THB CITY COIINCIL OF THE CITY OF FRIDLEY. WILLIAM J. NEE - MAYOR ATTEST: WZLLIAM C. CIiAMPA - CITY CLERR Publish: Fridley Focus on September 27 & October 4, 1994 15C MEMORANDUM � �'INANCE DEPARTMENT '� ' CITY OF;;FRIDLEY ' anroF < . > : ;.` _. FR(DLEX TO: WILLIAM W. BIIRNB, CITY MANAGER RYCHA.RD D. PRiBYL FINANCE DIRECTOR FROM: RICHARD D. PRIBYL� FINANCL DIRECTOR HOWARD ROOLICR� ASSISTANT FINANCS DIRECTOR WALTLR COLE, ACCOIINTING/DATA PROCE88ING CLERR SIIBJECT: RESOLIITION DIRECTING PREPARATION OF ASSESBMENT ROLL FOR 64TH AVENIIE STORM AATER IMPROVEMEI�1'P PROJECT NO. 260 DATE: 88PTEMBER 15, 1994 Attached you will find the resolution directing preparation of the assessment ro31 for 64th Avenue Storm Water Improvement Project No. 260. This project included impro�ements on 64th Ave, Mississippi St, Arthur St, and Central Ave. The preliminary hearing for this project was on August 16, 1993. This project will be assessed for Fifteen years at an interest rate of 6.5�. RDP/whc Attachment � R$SOLIITION NO. - 1994 RESOLIITION DI�CTINQ PREPARATION OF ASSESSMENT ROLL FOR 64TH AVLNIIS STORM WATER IMPROVEMENT pRO.TLCT NO. 260 BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: l. It is hereby.determined that the assessable cost of construction with respect to the following named improvement, to wit: 64TH AVENQL STORM WATBR IMPROVEMENT PROJECT NO. 260 includinq all incidental expenses thereto is estimated at $ 173.105.08. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law. PASSED AND ADOPTED BY T8E CITY COIINCIL OF T8E CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST. WILLIAM J. NEE - MAYOR NILLIAM C. CHAMPA - CITY CLERR ' 16A - MEMORANDUM ; : _ ■r I'INANCE DEPARTMENT '� ; CITY OF FRIDLEY. ' cmoF ; , ;: >: FRIDLEY ; TO: FROM: WILLIAM W. BURNB� CITY MANAGER RICHA.R .-.� RICHARD D. PRIBYL� FINANCL DIRECTOR HOWARD ROOLICx, ASSISTANT FINANCB DIRECTOR WALTER COI,S� ACCOIINTING/DATA PROCESSINQ CI+ERR D D. PRIBYL IRECTOR SIIBJECT: RESOLIITION DIRECTING POBLICATION OF HEARING O�T PROPOSED ASSEBSMENT ROLL FOR 64TH AVENIIS STORl�t WATER IMPROVEMENT PROJBCT NO. 260 DATE: SEPTEMBER 15, 1994 Attached you will find the resolution directing publication of hearing on proposed assessment roll for 64th Avenue Storm Water ImprQVement Project No. 260. This project included improvements on 64th Ave, Mississippi St, Arthur St, and Central Ave. Ti�e Public Hearing Notice will be published in the Focus on September 27 and October 4, 1994 as required by State Statute. RDP/whc Attachment 17 R$SOLIITION NO. - 1994 RE80LIITION DIRSCTI�TG PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOjt 64TH AV$NQS BTORM WATER I1�IPROV�NT pRO�TECT NO. 260 WHEREAS, by resolution passed by the Council on , 1994, the City Clerk was directed to prepare a proposed assessment of the cost of installation of concrete storm water pipe from Mississippi Street to Rice Creek Rd and associated restoration WFiEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVI:D by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. The City Council shall meet at the Fridley Municipal Center in the City.,of Fridley, Anoka County, Minnesota, on the.Z7th � day >of October,.•-1994, 'at 7:30' o�clock _P.M." to pass��-upon `the proposed assessment for: - 6 4 T8 AVENII$ STORM WA'i'$R IlrIPROVEMENT PROJ$CT NO . 2 6 0 2. The City Clerk shall publish notices of the time and place of meeting in the official newspaper of the City �at lease two (2) weeks prior to such meeting. PAS88D AND ADOPTED BY TH$ CITY COIINCIL OF 'i'H$ CITY OF FRIDLEY THIS DAY OF � 1994 . r ATTEST: � AILLIAM C. CHAMPA - CITY CLERR 17A WI7,I,IAM J. NSE - MAYOR CITY OF FRIDLEY ANORA COIINTY� MINNESOTA NOTICS OF BEARINa ON A88$SSMENT FOR 64th AVEN[JS STORI�I WATER Il�PROVEMBNT PRO.TECT NO. 260 Notice is hereby given that the Council of the City of Fridley will. meet at the Fridley Municipal Center in said City on the 17th day of October, 1994, at 7:30 o'clock P.M., to hear and pass upon all objection , if any, to the proposed assessments in respect to the following improvements, to-wit: 64TH AVS�iU� STORM WATLR IMPROVBMENT PROJBCT NO. 260 The proposed assessment roll for each of said improvements in the total amount of $ 173,105.08 is now on file and open to public inspection, by all persons interested, in the•office of the Clerk of said City. The general nature of the improvements and each of them is the cor�struction of concrete storm water pipe and related appurtenances as follows: 64th Avenue - Central Ave to Arthur 8t M�i.ssissippi - central Ave to Arthnr St Arthur - 2sississippi to Ztice Creek Rd. ��=:- Central Ave. - l�iississippi to Rice Creek ad. The area proposed to be assessed for said improvements and each of them is ail that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole ar in part proportionately to each of the lands therein contained according to the benefits received. At said hearinq the Council .will consider written or oral objections to the proposed assessment for earch of said improve�ments. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. A property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court withing ten (10) day after service upon the Mayor of City Clerk. 178 Paqe 2- Notice of Hearinq on Assessment of 64th Avenue Storm Water Improvement Projeat No. 260 The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be a least sixty-five (65) years of age or older, and in the case of husband and wife, on member must meet this age requirement. The application for said deferral must be made within the first thirty (30j days after the adoption of the final assessment roll by the City Couricil. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds two (2) per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return. The deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council detenaines that further deferral is not in the public interest. DATED THIS DAY OF , 1994 BY ORDER OF THE CITY COIINCIL OF THE CITY OF FRIDI,$Y. WILLIAM J. NEE - MAYOR ATTEST: AILLIAM C. CHAMPA - CITY CLERR Publish: Fridley Focus on September 27 & October 4, 1994 17C MEMORANDUM : �► F�NANCE DEPARTMENT. > ; �� CITY OF FRTDLEY �noF ,:. FRtDLf]' : . ' TO: FROM: RICHA,RD D : PRIBYL ' FINANCE DIRECTOR AILLIAM W. BIIRNS CiTY MANAGSR h11�� n' RICHARD D. PRIBYL, FINANC$ DIRECTOR HOWARD ROOLICR� ASSISTAN'�' FINANCB DIRECTOR WALTER COLE, ACCOIINTING/DATA PROCESSING CLERR BIIBJECT: RESOLIITION DIRBCTIN(� PR$PARATION OF ASBESSMENT ROLL FOR 1994 SERVICE CONNECTIONS � DATE: BSPTEMBER 15, 1994 Attached you will find the resolution directing preparation of the assessment roll for 1994 Service Connections. This project included. improvements at Murphy Warehouse Co. The preliminary hearing for this project was waived.. This project will be assessed for twenty years at an interest rate of 6.5�. RDP/whc 0 Attachment 0 ti s R$SOLIITION NO. - 1994 RESOLIITION DIR$CTINQ PRSPARATION OF A88888MENT ROLL FOR 1994 88RYICE CONNLCTION BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: l. It is hereby determined that the assessable cost of construction with respect to the following nayaed improvement, to-wit: 1994 88RVIC8 CONN$CTION ROLL including all incidental expenses thereto is estimated at $28 , 306. 32�. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable 1ot, piece, or parcel of land •benefited by said improvement according to law. PASSED AND ADOpTgD,, 8�( :Tgg CITY COIINCII� OF �'HS CITY OF FRIDL]3Y THIS _ DAY OF .� 1994 �, .. . ATTEST: WILLIAM C. CHAMPA - CITY CI,$RR : ` 1PII+LIAM J . NEE - MAYOR MEMORANDUM 'FINANCE DEPARTMENT:. � ; CITY OF: FRIDLEY: anoF ;.; : .. ; » . - FRlDI�Y ::: TO: FROM: SQBJECT: DATE: :: RICHA,RD D :PRIBYL :; ; :... _ FIN,4NCE DIRECTOR . _ �� WILLIAM W. BIIRNB, CITY MANAGER� RICIiARD D. PRIBYL, FINANC$ DIRFCTOR SOWARD ROOLICR, ASSZSTANT FINANC$ DIRECTOR WALTER COLR, ACCOIINTING/DATA PROC888INa CLERR RESOLIITION DIR$CTIN(i P.QBLICATION OF PROPOSED ASSTs88MENT ROLL FOR 1994 SERVICB CONNECTIONB SBPTEMBER 15� 1994 Attached you will find the resolution directing preparation of the assessment roll for 1994 Service Connections. This project included . improvements at Murphy Warehouse Co. The Public Hearing Notice will be published in the Focus on September 27 and October 4, 1994 a$ required by State Statute. RDPf whc Attachment 0 �r � �� . � ' "X.ia _ � 1 RESOLUTION NO. - 1994 RESOLIITION DIRECTING PIIBLICATIO�T OF HEARING ON PROPOSED A88ESSMSNT ROLL FOR THE 1994 8$RVICE CON�i$CTION WHEREAS, by a resolution passed by the Council on , 1994, the City Clerk was directed to prepare a proposed assessment of the cost of sewer- laterals, water laterals, and service connections; and wHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and filed in his office for public inspection. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Arioka County, Minnesota, as follows: 1. The City Council shall meet at the Fridley Municipal Center_ in the City of Fridley, Anoka County, Minnesota, on the l7th day of October, 1994, at 7:30 o'clock p.m. to pass upon the proposed assessment.for: : . � � ,,. . 1994 SERVIC$ CONNSCTION ASSBSSHENT ROLL 2. The City Clerk shall publish notices of the time and place of meeting in the official newspaper of the City a least two (2) weeks prior to such meeting. PASSED AND ADOPTED BY THE CITY COIINCI7� OF THE CITY OF FRIDLEY THIS < DAY OF - � 1994 ATTEST: AILLIAM C. CHAMPA - CITY CLTsRR 19A WILLIAM J. NS$ - MAYOR �; -x:;� - �� CITY OF FRIDLEY ANOx11 COUNTY� MINNBF NOTICS' OF HBARINQrON ASSESSMENT FOR 1994 SBRVICS CONNSCTIONS Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 17th day of October, 1994, at 7:30 o'clock P.M., to hear and pass upon all objection , if any, to the proposed assessments in respect to the following improvements, to-wit: 199� 8$RVICB CONNSCTIONS The proposed assessment roll for each of said improvements in the total amount of $ 28.306.32 is now on file and open to public inspection, by all persons interested, in the office of the Clerk of said City. The general nature of the improvements and each of them is the connection of sewer laterals, water laterals, and service connections: 1994 8$RVIC$ CONNBCTIONB The area proposed to be�assessed for said::improvements and each of them is all that land benefited by said improvements or each of them and lying within the qeneral area above. Said improve�ents will be assessed against the properties within the above noted areas in whole or in part proportionately�to each of the lands therein containe�l according to.the benefits received. At said hearing the Council will consider writteri. or oral objections to the proposed assessment for earch of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the.City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. b - A property owner may appeai an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court withing ten (10.j day after service upon the Mayor of City Clerk. � [ !�� _ ,.�. Page 2- Notiae of Hearinq on Assessment of 1994 SERVICS CONNECTIONS The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to the deferral of special assessments for certain senior citizens where the payment� of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be a least sixty-five (65) years of age or older, and in the case of husband and wife, on member must meet this age requirement. The application for said deferral must be made within the first thirty (30j days after the adopt.�on of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and wi22 make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the qeneral policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds two (2j per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return. The deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is nat otherwise eligible for the deferral; the sale, transfer, -or : �. sulidivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further � deferral is not in the public interest. DATED THIS DAY OF COIINCII, OF TH8 CITY OF FItIDLEY. ATTEST: AILLIAM C. CHAMPA - CITY CLERR � 1994 BY ORDER OF THE CITY AII.LIAM J . NEL - MAYOR Publish: Fridley Focus on September 27 & October 4, 1994 19C �. _ . _. 21 �� FOR CONCURRENCE BY THE CITY COUNCIL �� F ��Y September 19, 1994 Type of License: 6� Approved By: AUCTIONEER'S Full Ser4ice Auction Co. Edward M. Myhre David Sallman 8877 Pascal Ave. Public Safety Director '` Circle Pines, MN 55014 V FOOD ESTASLISHMEN�' C � k w d � Ch ldren, s orl Duane Larson 5310 Monroe St.N.E. Fridley, h1N 55421 Fridley Dairy Queen Don Fitch - 225 Osborne Rd. N.E. Fridley, MN 55432 REFUSE HAULER �� Randy's Sanitation, Inc. Randall Roskowiak 4351 U.S. Hwy 12 S.E. Delano, MN 55328 0 _ LICENSES .� = �Ky _ j.. Fees $20.00 $45.00 $45.00 $120.00 FOR CONCURRENCE HY THE CITY COUNCIL CITY OF FRlDLEY �ENERAL CONTRACTOR-COMMER IAL Bailey Corporation _ 5800 Baker Rd Minnetonka MN 55345 J. L. Bailey Ryan Construction Co of MN Inc ` 900 2 Ave S #'700 Minneapolis MN 55402 � Robert Cutshall Jr �ENERAL CONTRACTOR-��IDENTLAI, Gntssing Roofing (9212) 4305 Shady Dak Rd Hopkins MN 55343 - Don Grussing Huepenbecker' Construction (274Q) 1008 Barberry Cir Waconia MN 55387 Floyd Huepenbecker . Maverick Constructian Co {5572) 11227 River Rd NE Hanover MN .555341 . Lynn Schulz Suburban Roofing(2000784'n - _ 13418 Crooked Lake Blvd Andover MN 55304 HEATING Anderson Heating & AC Inc 4347 Central Ave NE Columbia Heights MN 55421 Ricky Anderson MOBII.E HOME iNSTALLER Schultzs Mobile Home Service 4092 234 Ave St Francis MN 55070 Dan Schultz , PLUIV�BING Bredahl Plurnbing inc 7916 73 Ave N - Brooklyn Park MN 55428-1280 Larry Bredahl 0 22A LICENSES JOHN PALACIO Chief Bldg Ofcl Same STATE OF MINN Same � Same �. � Same , JOHN PALACIO Cfiief Bldg Ofc1 STATE OF MINN STATE 4F MINN McQuillan Mechanical 1037 Portland St Paul MN 55104 Jane McQuillan Same 7 � � ESTIMATES an oF SEPTEMBER iq, 1994 FRIDLEY Struck & irwin Paving, Inc. 812 Wiiliamson Street Madison, WI 53703 Street Improvement - Slurry Seal Project No. ST. 1994 - 11 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,455.94 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard , Minneapolis, MN 55433 . ;�� - :�F., Statement for Services Rendered as City Attorney for the Month of August, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,651.18 W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 Street Reconstruction - Stinson Boulevard Project No. ST. 1993 - 7 Estimate No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45,74.6.49 z � � ,�, .. 23 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING �IVISlON 6431 University Avenue N.E. Fridley, Minneso#a 55432 September fi, 1 �94. Honorable Mayor and City Council City of Fridtey % Wlliam W. Bums, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: � CERTIFICATE OF THE ENGINEER �< ; We hereby submit the Final Estimate for �treet lmprovement Project - Sturry Seai, Project No. ST. i994 - 11, for Struck & Irwin Paving, Inc., 812 �iliamson Street, Madison, Wisconsin 53703. We have viewed the work under contract for the constniction of Street Improvement Project - Siurry Seal, Project No. ST. 1994 - 11 and find that the same is substantially complete in accordance with the contract documents. I recommend that fina! payment be made upon acceptance of the work by your Honorable Body and that the one year contractuaf maintenance bond commence on August 31, 1994. � Respectfully submitted, John G. Flora Director of Public Works Prepared by: �- - Checkedf��i��,n, � ~ `:~`�. - JT:cz 23A September 6, 1994 City of Fridley STREET fMPROVEMENT PROJECT - SLURRY SEAL, PROJECT NO. ST. 1994 - 11 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually fumished and done for the above-mentioned projects in . accordance with the plans and specfications. heretofore approved. The final co�tract , cost is $54,455.94 and the final: payment of $54,455:94 for the improvement project would cover in full, the cor�tractor's claims against the City for all labor, materials and other work down by the contractor under this projec�t. I declare under the penalties of perjury that this statement is just and correct. STRUCK & IRWIN PA.VING, INC. i .?� - ��^'i:;�� ames Bucha an, President - - � - '�- 23B September 6, 1994 To: Pubfic Works Director City of Fridley REPORT ON FINAL lNSPECTION FOR CITY OF FRIDLEY STREET IMPROVEMENT PROJECT - SLURRY SEAL. PROJECT NO. ST. 1994 - 11 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantiafiy .complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor shouid receive a reduced price has been agreed �upo� by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being August 31. 1994. Jon , nstructio lnspector � � _ .�.� �� _.,..-- , ��. ,� ; iractor Rep esentative, (T' e) _ �, -<u:. :_ _ 23C September 6, 1994 City of Fridley STREET IMPROVEMENT PROJECT - SLURRY SEAL, PROJECT NO. ST. 1994 - i 1 PREVAILING WAGE VERIFICATION This is to certify that Struct & Intirn Paving, Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of labor and Industry for Anoka County. :�, . . ..y:....: . I declare under the penalties of perjury that this statemerrt is just and correct. STRUCK & lRWIN PAVINC, iNC. , =i � _� � .� mes Bucha n,�President . � _^F'.:a - �- � a 23D , CITY OF FRlDLEY PUBUC WORKS OEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 FROM: City of F�idley Engineering Division RE: Estimate No. 1 (FINAL� Period Ending: August 31, 1994 TO: Honorable Mayor and City Council FOR: Struck & Irvvin Paving Inc. City of F�idley 812 Wiiliamson Street 6431 U�ive�sity Ave. NE Madison WI 53703 Fridley. MN 55432 d06 CODE NO. �Q$-- DG '-'��o-"" 4�"y"�b Dated: September 6, 1994 � Q�� STREET IMPROVEMENT - SLUftRY SEAL PROJECT NO. ST. 1994 - 11 • STATEMENT �F W�RK ��r<::::�::�� :::::::::::::i;:�::=:�:=:::::::-`:"::%:::::::�i�::::; `:;:;;::;;:;� ::;::::i:�::�i:i=::::'-:1;��:=:� ' .. ::. . : ... .......... ..... ...... ......... :..::•>:.�:-.;•:;•.:�::.�:c•::y::._. .::.� ..:::.:::::..:�.: ..�"'.:..:. ••:::t::::: .. . "' :.:p::;....; �::.y-. �: :.: -.: :......: .. ... .: : .............. ............ :..... . .•:.�. ............; .""""':•..'::::. ".' ': ..s=:-:=:::•::`.-fi:; ::;:._::::• •-. : , ..,,-.. ...:..•:::.:_: :..: :. .. ........ ...:::::y:•:•-:.. ., :;. .. -'••_" "-"- -`'• :r::::=•=- ....... ... .� :._:.:� � :....:: .....:: ".>;:: •. �:::. �: :: i• :� ::� •:::?:� •>:•::q;;;:: + . .... ........ ........ ::..>:...:... �.. •... . ::i:'t�: ... ...... . .v. ...........n............v.: �:: w:.�...... • . .. .... Y..::-:: •:::: :v::: v}-. •:4-0..... . ■ ........ . ........ .:n�.::�.::::..:: v.�::. ... .�.n.... . :� .......... . .............. •::.:_.�: ::::::: .u-. . � *��..\... ... n..."'"""".r. v.........n .. .. ..v. ..x....... .. :::. v:{::::: �:/{ :.: w::.:::.:.�:::....; .ri _ ,. .. . -�Avrr��J•::r::�:..�.v::.w.•:::::::::. v:.{v.i>..:...Siv::n.. .:r.} ....... ..........""'..rn. . ..r._ . .... .. '"' u. ....... .... ..� Vili�'�fi:lii��:i::Y:: n.v�. r...v . t. fi_...{.�n__x...• . .._. ...n... ..�.. •.•-:::::.:.,ytt .:.i�{i't,}'•' '..f . ...t.v... v::.�v:.:�.:...v..........v.v.vwn... . v...... .n.v......... . ..0. �: i: uv::.:. . :+.[.}•.fir:'ui :::::::::::::.�.v::::::::::n�:w::::::: ::::.w::::::: .: •:.::_:: •?,v; •v,-.: v. ...x::: . : •:u......... ..............."""h'f.!l..r..,-._ v .. �Y�� """" ......_.. v{ Cif.. """r..".'"" .. .n.:n...:::-:.:::n wi. . . ..... .." """��lFW:n... n ...r..v..x. .v. �.,( "'r':.v:..:::"'":�:x:::::r:::�::::::w::::::..:$::::...."r"'.r.r...._;.�....i�..... �v.....:�'"i::{::::n:�:::n �.:. rp�nv,4'+:. ::.x ......................... w:::...-- :..{. __. ' ...v..K- .....n_. x...... ..... ..... ...... .... :::n �xR ....n ................. ...............n..... .:: .....::::...u: :w:...:::::: �v:..: n_..v_ev........ . v.�nvnv-:i: . .... ............ �:..•r::::::m...vv.i:�ry.� :ti•i}vv.i;J.}i::'�ii;:�.;.X.y:.'-iii... .....'.'.v.:.u._:.x ..:.:::: ::w::::::::.�::v:.�::: f 'r<::•:{•ti?%•::%:ti-:-:•t�i:•:tii�::�:- ii+�f?:'� :ii:��f{'ry•'.:�:`i-i:fi%ii}}iu.iii::ti�: ::<y{,'ti: :�r:4^'.v.::x: •:.v�:::r:.r_: -: .ivr:. v :.:.::Y::i::: :::.::::{::::ii i:Yiiii:4::u•: v: :_: �. v"" ........... .. :,�•;_; ..: . . ........ � ..........._,-.. .. '�i::'::^�n�::;:•;i:•i:''::•::ii:':i:•iii:-i'-::::•i:•i:i-''::�:i:i::':•iiii::L:�:•:�::�i:�:::':•:�:•:�:_i:L�i�'•::::•:•;? <?. . ... � .:::.: :. . :.. .i"•. ::::::::{:: . �'-. : .ii:•i:4:.:4i.�:�i :;i�.•:'Xi:?vr"?:.��.:;:::s;:A'.:: .:'� ' � .. . .. .. . . ..... .. :•ir4;• : v . �xr..x... :.x. n.... ....�::.v.:.:w. ....... .. ................ . ::i. :.}•.:}�v:_v . L..nn..{ ...::^.�?::.�"r"' .""".v:: . ..-"'.............. • . � ". i:4h} . - . :. .. .. ... ... ... ............ . •:i+.::.v;. . .... :.}�" .... ...........�.vm ..v � . ... ..... ..:: -.c.. . } . .x ." "'..... --�-�v f�}h< vi:?. ;i.;?i: . •ii: ... � ...f....f..h.....:v........:. . ..�st�txl Y ... ...;. �. ... .:..,;:;;.>.:: f>..::�.::.: ::...::::.............:.�.......:...::::::.:::::>:f:.:::.;.�::.::::::::.:�. .. � �a ..:...<.... � .�...,.---...<.......:...�.:.:: : ...-..-:-::.:::..:. : .::.::..:...�.. . :. ..:,..:..:: < � :<._ r.. .�n'�..::,:,. . :,.< .............. .........7'h�s::::.::::..;;:::;>:'�:his:.... �--. ....... ; .. , : : . , ; r ..: . : :.: .:: . .: .: ::. : . ..: . .: : : : < :: .: : : : :. : : . :. : .. � : - : : . . . . . . . . . . . . �'�ai:.�. .....'�' <::>:.,:>; Y .....- -- ..: :.::::: :..:.�� -- -.... ... ......... ,..:: :.::::-:.- ...... ......n.......... .n�h�.. .�.....w v...7: }v.......rv... .::..tr...n..}:-.."........:..�:.-::v.�:x:.�.i"<i:::i:::.:v..:r-.�w:_x:v-v-.r .� .�. : ......vi' '.::rv• ...�....'A.�....{...h�......��.�........nn.n.. :v ... ::.:...:::.:.vt....:-............ n.....m.v.av......v v:.v-::.:uw.:uvn . _ . ... ..... ,f,•r-..v:.ni:.... .:- ......... ..... .........» ........... . . . . .... ....... .....�. . ..l _v '"•' ...R.....x ... .... .......::::iiy�::.:::w.::• �ryv Yii '�'ti�i•' ....... ..........: ..v.,-... ..:::. : :ni':.�::.:•r:... .. ..... .. .......... ...... ... .. . . ...................... ...... ... .... .... n:: .....r.. n..P.X.e:�..} :. :. :::�y_i.x:.•.Ox.:v-. ':...?.t-:nv.. .... ..v...... :.: .'.'..: •:i : ••:: ::, :.:4M1^...:i'i:i��' ��Y :.��':w-$: �u-':::4�?�::i {:i::tr,'e ...........t......v..: . � . .: . .......................::. ......:.. ...:..•... ..... :.v-:r.•.-::r:i;..__ . .......... ::::=::if•:e:i:i•.ii?":.::-Jv:?:4:f:?:.::.... �..1.�,{�ft..: .;.,U�J.r.._v...:t.::...: G:-'a_:X::.:S:{::::.:. n i. . . � -: :- �:: .. . " ii:i:>iiiii:ii:.:'::::ti.: .:...•' . X.�. Ti:':-:t?.i:.. . -.�:::�Cv. ::::` .: ...� "q:.?. :s} .:'-� .: . ..: ..:.::. .: .. .. . . .:.�: i'f....:ri:t::.Y�^`,,. +� ...vv : tii�r .: :.r.S:..:::: r.::.�:: :<.:,,:� �{;.v;::::>.::<:��D�IT . /.�,�: ;>: T . ....... R T.1..EK![:::�.:.:::.:�::::::->::::::�::>;�>. vmnt :;::.:<=>::::::>�-:�::: ............. ....... .. ..........................................:�.>.::.:.::::...::.:..<..C�..:.....:..... ::.:::::::::..:�?r�::,<:,>:�::::<:::�Jn�t::::: -::�st�mat�:<;:;:><:�st�mate>:::::::. � v . ..h: : >::::::::: .................... ._............. ........................ :.�..:�.3.. ar�#... ::� :�::::.::�►moun�.::.�: $lurry Seal (Type IIj 55,298.00 0.95 SY 55,006.00 52255.70 55,006.00 52.255.70 Sweep before Slurry Seal Applicatio� 55,298.00 0.04 SY 55,006.00 220024 55,006.00 2.200.24 1 V IAL 1 NIS ES I IMATE 23E $54.455.94 TOTAL AM�NT ~ KW $54,455.94 0 S�cuck & Iswin Paving. inc. ESTIMATE NO. 1 (FINAL) SUMMARY: Original Contract Amount Contwact additions C.O.# 1 Contract deductions — Revised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFlCATE OF THE CONTRACTOR �54,745.02 54.745.02 54,455.94 0.00 a54,455.94 1 hereby cert'rfy that the work performed and the materiais suppGed to date under the terms of the contract for this project, and:all authorized changes thereto, have an actual vaiue under the contract of the amounts shown on this estimate (and the final qua�s on the 5na1 estimate are conect), and that this estimate: is just and correct an o part o e"Amour�t Due This Es�timate' has been received. By ractors Aut orized Repcesen tive (T'die) h` ' CERTIFICATE OF THE ENGINEER 1 hereby certify that l have prepared or examined this estimate, and that the contracto� is ent�led to payment of this estimate under the contract for reference projec� CITY OF FRIDLEY, INSPECTOR By �n J - Checked B ' Date: � q Respectfully submitted, 23F PAGE 2 . Flora, PE ' irector of Pubiic Works a� _ _fy. ,� ��ll��'�.1�� r 1 � .. _ . f ROBERT 0. NAEGELE, JR. Chairman of Ihe Board September 14, 1994 Nancy Jorgenson Councilmember-at-large City of Fridley 6431 University Avenue NE Fridley, MN 55432 Dear Mrs. Jorgenson: In the Fridley Newsletter, Fall '94, I read your article regarding the damage done by in-line skaters to tennis courts at Commons and Madsen Parks. On behalf of responsible skaters, we want to apologize for these incidents. Skaters need to respect the rights of other athletes (tennis players in this case) in the same way they want their rights to be respected in the use of sidewalks, trails and streets. Rollerblade, Inc. supports your enforcement of the ordinance which prohibits the use of in-line skates on Park system tennis courts. We would hope that the residents of Fridley, including the skaters, would join you in your effort to maintain the park system. We're enclosing a check to help defray the costs of repairing the damaged courts. Sin , Robert O_ Naeg le, Jr RON:co ��;v i � ��.i t.. � %�! ;i �► �J,'�'�= J�, ► 617-Y30-7i�00 ► iAX b�? ..,J; _ � i> �F.;_ , ""t. . N'.�� . ,. __ � � �At�o�lera►�aae� 09/14REQ � A � o��o�s 062036 � HARRIS BANK ROSELLE � '. , blade� �, � � �� ROSELLE IWNOIS _ ��6`i �:4 3 ; �_ _ :� �^�. :�:; a�.- ,i;�"`?�^� � r �� , � �`; t� � -- e s il: . 3 .y ; id*' �°'"'�Z� ' _ ''` i . .. _ �„�.x4' c "�. '� � .� . ,_. . . , .. . ., ".: . . -6.- . .. . .,, ',� : :a : _,;i.>__ . _ . .� � �� - � DATE�t�. _.: ` AM( PAY FIVE. HUNDRED AND -00/10� TO THE ORDER � � OF:� . CITY 0F �RIDL�Y �-x'� °� ��-� :�x f 09/ 14%94 ;� - $**:****;**.5'0 _ �� F=�� .. ..�;_..�°�_�.. _ ....� :��., , .. iNT. .'00**** 6431 UNIUERSITY Asl/E.' N'E� _._..�,�� .> <', �-�' � �� -� } ��"' � � . _ � -� �' �"�, s— r-� ��..s.�^ FRIDELY, MN 5543� , '� -' . _ '� 4 � �- _. � _ � - . , ._. , �, r, ;,. ; : . _ _ : ��•00006 20 36u■ ;i;0 7 L 9 L 5 580�;;> .{3t;.�� 396..�p 5 3�� 1n•, _ ;._�.._ ;. , _ , . - r � -_--� :' : ;. ; � �S$ 2 >t < < `� �, > ��_ ia 5[(a r k ' y� ��< { {S� 2� 2 > � . . . . . . � . . . . > `?t F Sz .�� j . � . . �. . � - � .. . ,�}+