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03/06/1995 - 48960 FRIDLEY CITY COUNCIL MEETING OF MARCH 6, 199� �� ,. .�, - �� _ The Citv of Fridley� �vill not discriminate a`.*ainst or harass anyone in the admission or access to, or treat��ent. or ernployment in its services, pro,rams, or activities because of race, color, creed. reli��ion, national origin, se�. disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request. accommodation will be provided to a11ow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one �veek in advance. (TTD/572- 3534) PLEDGE OF ALLEGIANCE: CERTIFICATE OF APPRECIATION: M. J. Schreiner - Parks & Recreation Commission .� „� �'�°'�"2..�`,,` �� PROCLAMATION: Claims ............... .. ... 4.01 `�s>��-. � ` 9 `Z`' . 5.01 - 5.02 Licenses .`�!`�""'✓.•,••••�;•� -�',� ��_.:�.� � _y�. �_.,,., �. � � ��.� ADOPTION OF AGENDA: <,.� Volunteers of America Week: March 5- 12, 1995 ��n �� ,,,�� l� ,-�-�-..�..r�...,,' ,� �;;�L",��'� `%�'�' G—L `,�.�,�'."''�"� ti'�.�. ( C -c� /''�; ; �.. - �� OP�N FORUM. VlSITORS: APPROVAL OF MINUTES: City Council Meeting of February 27, 9 985 r� ji.�-s�T.�, :.ti /� 0 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #94-04, by Ceann Haluptzok) (Ward 2) . . . . . . . . . . . 1.01 - 1.09 � ,� �--:��-�.--�. . Establish a Public Hearing for March 20, 1995, for the Establishment of a Special Taxing District for the Harris Pond Treatment Program (Ward 2) .... 2.01 - 2.03 ;��...��. ;� . ��, ��/�s�- Appointment: City Employee . . . . 3.01 (Consideration of Items not on Agenda - 15 Minutes) � OLD BUSINESS: Variance Request, VAR #95-01, by Equiry Developers, Inc., to Reduce the Required Lot Area from 32,6?0 Square Feet to 23,000 Square Feet, Generally Located at 970 Osborne Road N.E. (Ward 2) (Tabled February 13, 19951 . � � � � � . . . . 6.01 - 6.18 V �•� � � �+`.:{' s �� i% y �yz-�- �`-,?r ��`.�-i� � 4�� NEW BUSINESS: Resolution Authorizing Funding of Project Safety Net . . . . . . . . . . . . . . . . . . . . 7.01 - 7.06f � �'/��' �� Informal Status Reports . . . . . . . . . . . . . . . 8.01 `-�-�-�-�:�. � �'�� ✓ � � Y ��..� t,.,. s��.....� � ��,_,,,_, �,,. �;,r,�.� G�,.�,. A�JOURN: �' �. � ��• �i� _ � unror FRIDIEY s:�. : s � `' PLEASE PRINT NAME, ,� FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Mon_day, M�rch 6, 1995 7:30 P.M. ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER � _. r_ �' � � C� r 1.'l `•�' .'� �., 4\��L. �'� ��_ � l f r_ �� '� � �� . , , � � � �` � L� � �� S �Zi �v �- �� ` � tti 1 �i �� - � --{� �,�. %�'� - � -�. ��O - � � � � � �, F�. �- � � :� r FRIDLEY CITY COUNCIL MEETING OF � crm oF MARCH 6, 1995 FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and �ctivities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: CERTIFICATE OF APPRECIATION: M. J. Schreiner - Parks & Recreation Commission PROCLAMATION: Volunteers of America Week: March 5- 12, 1995 APPROVAL OF MINUTES: City Council Meeting of February 27, 1995 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1995 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #94-04, by Ceann Haluptzok) (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.09 Establish a Public Hearing for March 20, 1995, for the Establishment of a Special Taxing District for the Harris Pond Treatment Program (Ward 2) . . . . . . . . . . . . . . . . . . 2.01 - 2.03 Appointment: City Employee . . . . . . . . . . . . . . . . . . 3.01 Claims ................................... 4.01 Licenses .................................. 5.01-5.02 Page 2 FRIDLEY CITY COUNCI� MEETING OF FEBRUARY 27, 1995 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of items not on Agenda - 15 Minutes) OLD BUSINESS: Variance Request, VAR #95-01, by Equity Developers, Inc., to Reduce the Required Lot Area from 32,670 Square Feet to 23,000 Square Feet, Generally Located at 970 Osborne Road N.E. (Ward 2) (Tabled February 13,1995) ............................ NEW BUSINESS: . 6.01 - 6.'! 8 Resolution Authorizing Funding of Project Safety Net . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.06 Informal Status Reports ADJOURN: .......................... 8.01 Page 3 William J. Nee MaYor f�idleY, MN. • ,: � � � ; ��: �� . �� i�: � � : �/IaxcR 5 -12, 1995 �d�I�i�.�iS, t�ie�oP,Wkte.eAS o(�.�iwteltiCU, A COikiStiClk Quw�AK SeAViCeoAC�GlkizAfiok, iS Ce,�ebKClfiK(� ifs 99tR ye,aK o� sexuice to tRe peopQ.e o{� j�/IikKesota aKd tRe Katiok; aKd, �d�(��S, tRe. �(o�ate.e.�s o{� .�lw�exi�a sext�es aduets aad tRe e2dexey by pxoUidiug 6 9�owtes {�-�-ox w�exta��y disab2ed, w�e.utaQP,y ie2, cRe,�ica22y de�e�de�t aKd/oK e.�dex?,y; Cok(�ke.�Qte diaiK(� �ok SeKiokS at 45 sites iK}Ikof2a akd �lexkepik C,'ouKties; R,ow�ede�ivexed w�aQs (y--o� pexso�.s ovex 60 ye.aKS o{� ac�e a�d se�-��depe.�de�t Q�u�k� sexuices; 3 Rousikg cow�pQexes {foti {�a�ieies, tR� RaKd�capp�d, aKd tRe eedex�y; akd 4 P,okc�-texw� Re.aQt6� caKe {�aci�ities; aNd, �ld�I��S, c�iedxe� aKd youtR cue sexu�ed tRxougR pKOgAa�.s �oti autistie aKd/ok de.cre2opw�eKtae@y d�sabQed; a cR�edxe�'s `e.�exc�e.�ey sRe2tex; ik-Row�e sexuices; 52 �ostex tKeatw�ext R��nes akd eo�xeetiok �koup Row«s; a Kes�de�t�a2 taeat�e.�t ee.�tex �ok e.�ot�oKa2�y RaKd�capped boys; a specia�ized pxoc�Kaw� {�ox boys witR se,U�eXe beRaUioxaE pxobP.e,wi,S; aKd sP►oxt-te�� a�tex ecue �ox youtR witR speeiae Ke.eds; akd, �1�fd�1��4S, �oQukteexs o{�.,�Iw�exiCa pwDide2Co►�t�e.�tioKaQsexUiCes: a pKe keP,easeaKd woui2-keP,e.ase co�xectioka� pxogKaw� sexu�ik� w�eu; a�d a wow�ex's jaie, �uoAf2RouSe Qkd wok{2 AeQ,e0.Se pAO(�kQ�; QkCL, �Wd�(�f2�4S, t�e q(o�ukte,exs o� .�l��ca, tR�oa�R �ts ded�eated sta��, u�o2uKteexs, aKd k,aKy {�ikak�ia2 coktKibutio�.s w�ade a sic�ki�icaat iw�pact ok tRe peopP,e o{� �idP,e,�; aKd, �1J�1�12�1s, tRe �l/o2ukteexs o�.�4►��ca �s co,�e,�wxat�kg �ts �oukd�Kg �K 1896 aKd u�ges otRe�s to joiK tRew� ia bkid�ikg tRe �ap betwe.ex Ruw�ak keeds ukd tRe XesouXCes o� t�ie pub�iC akd pXiU�ate seCtoX; ,i1�CXkITd�l��}Oi�, �� IT-I�SOL�'D, t9�at I�liQ�iaw�J.,1l�e,e, JV(ayoko{�tReC',ity o��xidQe,y, R��y pxoc�� NlaxcR 5 tR,�ougR 12 �995, as �orurtteerg �f �n�erica �ee� iK tRe tRe City o� �xideey. �JI(�1J1�J1(�ss �l�ld�( ��0�, I Raue set w�y Qakd akd eQUSe.d t9►e sea2 0{� tRe Clity o{� �kidQe,y to be a��ixed tRis 6tR day o� J�/laKC9�, 1995. WILLIAM J. NEE, MAYOR THE MINUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 27, 1995 The Regular Meeting of the Fridley City Council was called to order at 7:33 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 Councilwoman Bolkcom MEMBERS ABSENT: Mayor Nee Councilman Schneider stated that Mayor Nee will be incapacitated for a few weeks, but with his rehabilitation, he hoped to be back shortly. LEGISLATIVE UPDATE: Mayor Pro Tem Schneider stated that the Council is privileged to have Senator Betzold and Representative Johnson in attendance at this meeting for a legislative update. SENATOR DON BETZOLD: Senator .Betzold stated that the legislative session began in January, and at this point, there are more questions than answers. He stated that this is a budget year, and in the normal course of events, the budget proposals come out in January. This particular year, there are a lot of things happening in Washington that will have a significant impact on the State budget and will make it difficult to plan too far in advance. Senator Betzold stated that Governor Carlson will be releasing a supplemental budget, and it is assumed that they will deal with the worst case scenario � and begin with cutbacks and decreases in spending. He stated that �he legislature is trying to hold down property taxes. Senator Betzold stated that the Governor has never been a fan of local government aid, but he realizes how local governments rely on this funding. He stated that there has been discussion about disbursing these funds to counties for them to disburse to the cities, but he did not think this was fair. Senator Betzold stated that he is sensitive to the unfunded mandates, and they are being reviewed before they are incorporated into bills. He stated that there are proposals on affordable FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1995 PAGE 2 housing and regional growth which were previously vetoed. He did not expect much change this year. He stated that there will probably be some changes in the election laws. He stated that the ethics issue is being debated, and there is a move to exempt local officials. Senator Betzold stated that for the last two years, the Senate passed a proposed gas tax increase of five cents per gallon. He stated that additional revenue would benefit this area, but he did not know if any of these bills would pass. Senator Betzold stated that something may be done regarding truth in taxation for the Mosquito Control District. Senator Betzold stated that he received a letter from the City Manager outlining some of the City Council's concerns on upcoming bills. He stated that it is very helpful to know where the Council stands. He stated that he appreciated the oppor-tunity to hear from the City Council, and he will take their concerns into consideration. Mayor Pro Tem Schneider thanked Senator Betzold for his update to the Council. REPRESENTATIVE ALICE JOHNSON: Representative Johnson stated that she is the Chair of the K-12 committee on financing education. She stated that she is concerned about being able to meet the needs of the schools in our area. She stated that there is a direct correlation between the schools and property taxes, and she knows property taxes are a big issue. She stated that the Governor's budget was not very kind to schools and over the next two years, there is actually a decrease in funding from the present level. She stated that it may appear that there is an increase, but if inflation and student growth is included, there is a decrease. Representative Johnson stated that another issue that directly impacts the City is increased violence and safety problems in the schools. She stated that she is working with the Departments of Education, Public Safety, and Health and Human 5ervices to combine resources to deal with the problems of children. Representative Johnson stated that she is working on two bills. One would require that municipalities be notified when the Depart- ment of Corrections allows licenses for group homes dealing with teenagers. The other bill concerns vehicle emissions testing. She stated that Mr. Tom Myhra from Fridley called her regarding the University of Minnesota report pertaining to the ineffectiveness of emissions testing. She stated that in checking into this further, talking with the Pollution Control Agency and reviewing their report, it was determined that it certainly would not affect FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1995 PAGE 3 the Clean Air Act by not having the new cars go through this testing. She stated that out of 6,000 1994 vehicles checked, only one vehicle was not in compliance. She stated that the cost to check these 6,000 vehicles is nearly $50,000, and only one was in violation. She stated that it makes sense to exempt the later model cars. She stated that the Pollution Control Agency also is in favor of the bill, and she was relatively certain it would pass. She stated that this is a case where the constituents and Legis- Zature can work together to get rid of a program that is not working. Representative Johnson stated that she receives the City Council minutes and is interested in what is happening in the City. She requested that the Council keep her posted on their concerns and ideas relating to issues before the legislature. Councilwoman Jorgenson stated that recently a number of school referendums in the metropolitan area have been defeated. She stated that Spring Lake Park is considering a referendum, as well as School District No. 14. She stated that she does not completely understand the school districts' budgeting. She stated that the City sets aside funds for maintenance. She asked if there was a law that prohibits the school districts from setting aside funds for capital improvements. Representative Johnson stated that a certain amount is required to be set aside for school repairs. She stated that the Governor has recommended that there be more flexibility and that the school districts be allowed to use all the funding as they see fit. She stated that on the other hand, sometimes repair of facilities is not as glamorous as buying new equipment, and that is why funds have to be reserved for repair of facilities. She stated that schools have the requirement to set aside these funds for improve- ments. She stated that the referendum issue is an important one. She felt that it is also important that the school districts listen to the residents and their opinions regarding the schools and how the money is being spent. She stated, generally, people are supportive of schools, but �there has been a lack of trust and respect for schools. When this is lost, it takes a long time to bring it back. She stated that people want safety, order, and a sense of purpose in their schools. Mayor Pro Tem Schneider stated that the City is working with the school districts on joint programs and combining resources. He pointed out that there are four school districts in Fridley, and it would be beneficial if the funding formula would promote school districts to work more effectively with the City. Representative Johnson stated that there is a limit on the resources that are available, and there continues to be a growing need for services. She stated that the population is growing older, and there is a growing number of young students. She stated FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1995 PAGE 4 that more children are born into poverty and have greater needs. She stated that it behooves the community to meet those needs so these children do not end up in the corrections system. She stated that the legislature is considering a truancy bill. 5he stated that if the Council has ideas or suggestions, they are willing to listen. Senator Betzold and Representative Johnson stated that there will be a town meeting on Saturday, March 18 at the Fridley Municipal Center from 1:00 p.m. until 3:00 p.m. They invited everyone to attend. Mayor Pro Tem Schneider asked if there were any comments from the public regarding the consent agenda items, and there was no response. MOTION by Councilwoman Jorgenson to approve the consent agenda items, with the exception of the Livestock License. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 1.3, 1995: MOTION by Councilwoman Jorgenson 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. APPROVAL OF PROPOSED CONSENT AGENDA: Mr. Burns, City Manager, briefly reviewed each consent agenda item. 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 15, 1995: RECEIVED. 2.. SPECIAL U5E PERMIT REOUEST, SP #82-12, BY PARK CONSTRUCTION COMPANY FOR ROCK CRUSHING ACTIVITIES GENERALLY LOCATED AT 7900 BEECH STREET N.E. (WARD 3� Mr. Burns stated that this special use permit for rock crushing activities was granted in June, 1993 for two years. It could have been extended administratively if there had been no rock crushing activities. He stated that rock crushing activities began January 26, 1995 and, therefore, it is necessary for Council to extend the permit, He stated that there have been no .complaints, and it is recommended this special use permit be extended to May 31, 1997 with the original stipulation. FRIDLEY CITY COUNCIL MEETING OF FEBRIIARY 27, 1995 PAGE 5 APPROVED - Extended SP #82-12 to May 31, 1997 with the original stipulation. 3. APPROVE DISPOSITION OF TAX FORFEIT PROPERTY LOCATED IN THE CITY OF FRIDLEY �NORTH OF INDUSTRIAL BOULEVARD JUST SOUTH OF I-694) LARD 3 ) : Mr. Burns stated that this parcel is a n 75 feet by 425 Feet and is Iandlocked. parcel is north pf Industrial Boulevard I-694 behind Home Valu. He stated that that there is no interest in this parcel City forgo the opportunity to acquire th APPROVED. arrow strip of land He stated that the and just south of staff has indicated and recommends the e property. 4. APPROVE MINNESOTA DEPARTMENT OF TRANSPORTATION PERMIT APPLICATION FOR THE UNIVERSITY AVENUE BIKEWAY/WALKWAY �WARD 3): Mr. Burns stated that this item concerns approval of a Minne- sota Department of Transportation permit application for the University Avenue bikeway/walkway from 73rd Avenue to 85th Avenue. He stated that the City has received ISTEA funds, and the bikeway/walkway will be located on the west side of University Avenue. He stated that plans and specifications have been submitted to MnDOT, and it is requested that Council approve the submission of the permit to the Minnesota Depart- ment of Transportation. APPROVED. 5. APPROVE JOINT POWERS AGREEMENT WITH ANOKA COUNTY HIGHWAY DEPARTMENT FOR THE IMPROVEMENT OF EAST RIVER ROAD NORTH OF JANESVILLE (WARD 3): Mr. Burns stated that the City's portion of this improvement is limited to concrete curb and gutter at a cost of $1,574.24. He stated that this project is part of a much larger County project for East River Road planned for this year. He stated that this project involves only three properties. It is recommended that this assessment be deferred until the comple- tion of the other improvements on East River Road. APPROVED. 6. APPROVE RICE CREEK WATERSHED DISTRICT COMMITTEE APPOINTMENTS: Mr. Burns stated that the Rice Creek Watershed District is establishing two committees, a Technical Advisory Committee and a Citizens Task Force. He stated it is recommended that John Flora, Public Works Director, be appointed as the primary FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 27 1995 PAGE 6 delegate to the Technical Advisory Committee and Jon Wilczek, Assistant Public Works Director, be appointed as the alternate. He stated that it is further recommended that Councilwoman Bolkcom be appointed to the Citizens Task Force. APPROVED. 7. RESOLUTION NO. 18-1995 ORDERING ADVERTISEMENT FOR BIDS• 1995 - REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB GUTTER AND SIDEWALK PROJECT NO. 279: Mr. Burns stated that this resolution authorizes the adver- tisement for bids for the removal and replacement of miscel- laneous concrete curb, gutter, and sidewalks for 1995. He stated that this project also includes a concrete driveway apron in front of the Fire Department garage doors. ADOPTED RESOLUTION N0. 18-1995. 8. RESOLUTION NO. 19-1995 SUPPORTING THE COMMUNITY VALUES PROGRAM: Mr. Burns stated that Anoka County and the cities of Columbia Heights, Fridley, and Hilltop along with School District Nos. 13 and 14 established the Southern Anoka County Community Consortium and circulated surveys to identify core community values. He stated that a set of seven core values has been developed, and it is recommended that Council affirm that the City will incorporate these values, by adoption of this reso- lution, in all workings and actions taken by the City. He stated that the core values identified are responsibility, integrity, caring, self-control, respect, nonviolence, and citizenship. ADOPTED RESOLUTION NO. 19-1995. 9. CLAIMS• APPROVED - NOS. 60331 THROUGH 60559. 10. LICENSES: Councilwoman Jorgenson requested that the Livestock License for the Fridley '49er Days be removed from the consent agenda and added to the regular agenda. APPROVED, WITH THE EXCEPTION OF THE LTVESTOCK LICENSE FOR THE FRIDLEY '49er DAYS. 11. ESTIMATES• APPROVED. FRIDLEY CITY COUNCIL MEETING OF FEBRIIARY 27. 1995 PAGE 7 ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda with the addition of the Livestock License which was removed form the consent agenda. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. OPEN FORUM, VISITORS: SENIOR CENTER• Mr. Keith Hart, 6230 Jupiter Road, stated that he was representing the senior citizens to express their desires regarding a senior center. He stated that with all the efforts for a senior center, they have again come up empty. He stated that he has lived in Fridley since 1957, and much progress has been made through hard work, good planning, and dedication. He stated that Fridley, for the most part, is a great place to live. However, there is an important element missing. He stated that his group is here to convince the City Council of the urgent need for a functional Senior Genter in Fridley for Fridley residents. Mr. Hart stated that there are some dissenters, even in the senior ranks. He stated that senior centers are thriving in neighboring communities across the state and nation. He stated that a senior center may not be for every senior, but every senior should have a choice. Mr. Hart stated that getting old is inevitable, but being a couch potato is optional. He stated that one must have a purpose in life as they get older and a reason to get up in the morning. He stated that senior center activities and fellowship provide that encour- agement and produce a better quality of life. He stated that an active senior center is as much a part of a viable community as schools, ball park complexes, ice arenas, parks and playgrounds, nature centers, etc. He stated that these are all tax supported programs, and a senior center should be part of it. Mr. Hart stated that the present center is inadequate for needs of seniors in a City the size of Fridley. He stated that Fridley seniors are going elsewhere. He asked why tax paying Fridley seniors have to lose touch with their own community. He stated that presently there are two rooms and shared office space assigned to seniors at their existing location. He stated that School District No. 14 activities have priority over the rooms and gym space. This makes it difficult and sometimes impossible to schedule some of the senior events and activities. Mr. Hart stated that his wife belongs to the Golden Bell Senior Dance Group, and they are great ambassadors for Fridley. He stated that this is an outstanding example what active, energetic seniors FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1995 PAGE 8 can accomplish. He noted that their ages range from 62 to 81. He stated that most of their ninety-plus performances have been at senior facilities which bring a lot of joy to people. Mr. Hart encouraged the Mayor and City Council to visit the center and judge for themselves. He stated that they seek a no frills center but a place they can call their own and be proud of. He asked the Council for their help and cooperation for a senior center in Fridley. Mr. Lewis Doyle, 25 63rd Way, outlined the various services and activities offered at the senior center such as tax and legal assistance, foot care, blood pressure, bowling and golf leagues, crafts, dining, Golden Belle dancers, woodcarving, day trips, Golden Lions, Senior Kiawanis in Action, Sound Off, basic drawing, sweatshirt painting, ceramics, therapeutic swimming, creative memories, '49er Days dinner and dance, bridge lessons, cards, and a cancer group. He stated that this is only a few of the activities, and they really need more space. Mr. John Ringdal, President of the Golden Lions, presented a letter in support of a Fridley senior center. MOTION by Councilwoman Jorgenson to receive the letter from John Ringdal, President of the Golden Lions, dated February 27, 1995 and the remarks from Keith Hart. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mayor Pro Tem stated that the efforts and hopes for a regional senior center have not materialized. Mr. Burns, City Manager, stated that he was disappointed with the progress regarding the secondary site. He stated that the Regional Senior Center Task Force originally identif ied a primary site which was not acceptable to the Metropolitan Council. He stated that with the secondary site in New Brighton, negotiations do not look favorable to acquire this site. He stated that the City of New Brighton has constructed a family center, and the seniors are using _ this facility so the prospect for a Regional Senior Center does not seem viable. Councilwoman Jorgenson stated that, at this time, it does not seem the City is going to proceed with a regional senior center. She felt that it may be appropriate for the Council to meet and deter- mine if they should still proceed with plans for a regional senior center or to discuss the options for a senior center in Fridley. She stated that she would be at the senior center for a luncheon on March 9 and would be available to hear any comments from the seniors. She also stated that the Council wi11 be meeting with School District No. 14 on March 20 prior to the regular Council meeting, regarding space alterations that may take place within the FRIDLEY CITY COUNCIL MEETING OF FEBRIIARY 27, 1995 PAGE 9 school district. She stated that she is interested in obtaining input from seniors if they believe a senior center should be located in a particular school and checking available options. Councilwoman Jorgenson stated that she has discussed with the City staff the option of space at Islands of Peace but has not discussed this with the rest of the Council. She stated that she wanted the seniors to know that the City is checking all options and would be working with them on this issue. Mayor Pro Tem Schneider stated that he appreciated the seniors coming in this evening. He stated that he knows things sometimes do not happen as they would like, but he would agree the seniors have outgrown their facility. He stated that the Council is aware of their concerns and will continue to look at various options and as well as keeping them involved in this process. Councilwoman Bolkcom suggested that perhaps a meeting should be held with the seniors, the City Council, and the School District so that everyone is kept informed. Mr. Lester Coyle, 6271 6th Street, stated that he has lived in Fridley since 1959. He stated that one of the complaints he has is when they have scheduled ga�es and have as many as forty or more persons. Sometimes the space they intended to use is occupied, and they end up in a small room which is inadequate for their needs. He felt that the Council should try to keep a senior center in Fridley. He stated that a lot of seniors objected to the New Brighton site and would just as soon not have a regional senior center. PUBLIC HEARING• 12. PUBLIC HEARING ON VACATION REQUEST, SAV #94-04, BY CEANN HALUPTZOK, TO VACATE A SMALL PORTION OF A DRAINAGE AND UTILITY EASEMENT IN ORDER TO CORRECT A GARAGE ENCROACHMENT, GENERALLY LOCATED AT'7580 BRIGADOON PLACE N.E. (WARD 2): MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Bolkcom. Upon a voice vote, al1 voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:30 p.m. Mr. Hickok, Planning Coordinator, stated that this is a request to vacate a portion of a drainage and utility easement at 7580 Brigadoon Place. He stated that this vacation request was a result of a recent title search on this property where it was determined that a portion of the attached garage encroached over a ten foot easement on the south side of the property line. Mr. Hickok stated that the petitioner asked what measures could be taken to correct this error, and staff's recommendation was for a FRIDLEY CITY COUNCIL MEETING OF FEBRIIARY 27, 1995 PAGE 10 hold harmless agreement. He stated that the title company, however, was not interested in this solution and asked that the City consider a vacation. Mr. Hickok stated that the Planning Commission reviewed this vacation request and recommended approval on the basis that the encroachment be only for the six inches or so along the length of the garage. He stated that the petitioner had originally submitted a survey describing the area under the overhang. Because the overhang would require a vacation of ten inches to two feet, the petitioner was asked to have the survey corrected to describe only the portion below the foundation. Mr. Hickok stated that the Planning Commission also recommended two stipuiations, which he outlined. He stated that the Commission had some concern about setting a precedent; however, because this was such a minor encroachment, they were comfortable with it. Mr. Hickok stated that in a review of this vacation request by the City Attorney's office, they would like a hold harmless agreement, as well as the vacation. He stated that there is an 18 inch storm sewer located in the easement approximately five feet below the surface on this site. He stated that it is not common, but not impossible, that the City may have to access this area. He stated that if Council requires a hold harmless agreement, it should be added as a stipulation to this vacation request. Mr. Herrick, City Attorney, stated that the City has no obligation to vacate this portion of the easement. He stated that in appro- ving the vacation, the City would be removing a"cloud" on the title. He stated that if the City has to do some excavating in the easement and in doing so the foundation of the garage sinks, he did not think that because the contractor misplaced the garage, that the City should be under any obligation. He stated that it is his opinion that the City vacate the easement to clear the title, but in return, the City obtain a hold harmless agreement from the owner that would be applicable to the present owner, as well as future owners, in case the City has to do any work in the easement. He stated that he did not believe that 'the title company should be concerned with the hold harmless agreement. MOTION by Councilwoman Jorgenson 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 8:37 p.m. 13. SPECIAL USE PERMIT REQUEST, SP #95-01 BY ERICKSON OIL PRODUCTS, TO ALLOW CONSTRUCTION OF A MOTOR VEHICLE FUEL DISPENSING SERVICE, CONVENIENCE STORE AND CAR WASH ON LOT 1, BLOCK 1, COMMERCE PARK, GENERALLY LOCATED AT 7600 UNIVERSITY AVENUE N..E (CONOCO) (WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request fo.r a special use permit to allow the construction of a new motor fuel FRIDLEY CITY COUNCIL MEETING OF FEBRIIARY 27, 1995 PAGE 11 facility, car wash, and convenience store. He stated that the petitioner plans to clear the entire site and redesign the parking area, reconstruct the building, and reinstall the fuel tanks. He stated that the site would provide an enhanced landscaped area, and the building will be a combination of block, brick, and a copper roof which is very attractive. Mr. Hickok stated that the parking is adequate based on the square footage dimensions. He stated that one concern was the stacking distance in relation to the access along the west building. He stated that adequate signing will eliminate confusion as cars stack to enter the car wash. He stated that it is believed that the architect has picked the best access points available. He stated that the access onto Osborne Road is being consolidated and is further from the intersection. He stated that it is the County's preference not to have access onto Osborne Road, but the City does have the ability to approve the plan. He stated that due to the median, some vehicles will have to use the frontage road and access the site from the west side. Mr. Hickok stated that the Planning Commission recommended approval of this special use permit with stipulations. He stated that there is an improvement project planned for Osborne Road. This would require a review and approval by the County prior to making any site modifications. Councilman Billings stated that there are two parking spaces immediately to the west of the store, and the rest of the parking is on the east side where you have to walk past the car wash to access the convenience store. He stated that it seems it is not convenient to shop at the convenience stare unless you are purchasing gas. Councilwoman Bolkcom stated that there is a problem with parking at the Super America station on East River Road and Osborne Road. She stated that this is an even busier intersection, and there is not a lot of parking space. Mr. Hickok stated that there are ten spaces under the canopy and nine additional parking stalls. He stated that this request does meet all the code requirements in terms of parking. Mr. David Erickson, the petitioner, stated that 85 to 90 percent of the merchandise they sell at the convenience store is purchased by persons who are refueling their vehicles. He stated that otherwise it is not really convenient for them to shop at the store. He stated that four of the stalls would be for employee parking. Councilwoman Jorgenson asked if they planned to install a credit card payment machine at their pumps. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27 1995 PAGE 12 Mr. Erickson stated that is the plan, and this will be their first Conoco venture in the metropolitan area with credit card payment at the pumps. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #95-01, with the following stipulations: (1) all signs shall be reviewed and approved by staff to assure compliance with Chapter 214 of the City Code; (2) the petitioner shall install underground irrigation if it does not already exist; {3) the petitioner shall submit a performance bond in the amount of three percent of the construction costs prior to issuance of a building permit; (4) the petitioner shall submit the requested hydraulic calculations; (5) the petitioner shall comply with the outdoor storage requirements; (6) the petitioner shall comply with all outdoor sales and storage provisions of Chapter 205 of the City Code; and, (7) improvements to this site that affect Osborne Road will require full review and written approval by Anoka County prior to making any site modifications. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 14. VARIANCE REQUEST, SAV #95-02, BY ERICKSON OIL PRODUCTS TO REDUCE THE REQUIRED HARDSURFACE SETBACK FROM A STREET RIGHT- OF-WAY FROM 20 FEET TO 5 FEET TO ALLOW CONSTRUCTION OF A NEW CONVENIENCE STORE AND GAS STATION GENERALLY LOCATED AT 7600 UNIVERSITY AVENUE N.E. (CONOCOj (WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the required hardsurface setback from a street right-of-way from 20 feet to 5 feet. He stated that it appears the 15 foot variance is an acceptable solution based on the site right- of-way along University Avenue where additional landscaping would be provided. Mr. Hickok stated that the Appeals Commission recommended approval of this variance and staff concurs. MOTION by Councilwoman Bolkcom to grant Variance Request, SAV #95-02. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye Mayor Pro Tem Schneider declared the motion carried unanimously. 15, APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MAIER STEWART AND ASSOCIATES (MSA), CONSULTING ENGINEERS FOR LIFT STATION STUDY- Mr. Wilczek, Assistant Public Works Director, stated that $168,000 was allocated in the 1995 budget for repair and upgrade of the sanitary sewer lift stations and implementation of a sewer SCADA system. He stated that in order for this to proceed smoothly and to make sure that repairs are prioritized and completed in an orderly fashion, it is requested that Maier Stewart and Associates FRIDLEY CTTY COIINCIL MEETING OF FEBRIIARY 27, I995 PAGE 13 (MSA) be hired to evaluate the condition of all the lift stations. He stated that the City has thirteen sanitary sewer lift stations, one storm sewer lift station, and one meter station. He stated that all of these lift stations are between 25 to 40 years old and the normal life for the pumps and electrical system is between 25 to 30 years. Mr. Wilczek stated that the scope of the study would be to evaluate the lift stations to extend their useful life. He stated that MSA's final report would summarize their findings, evaluate their recom-mendations, provide cost estimates, and prioritize the improvement schedule. He stated that the reason for the study is to make sure the system is totally compatible when it is computerized. He stated that this study will be a blueprint for the future for keeping the system on line. He stated.that the total cost of the study would not exceed $9,760, and MSA would have the study com-pleted eight weeks after notice to proceed. MOTION by Councilwoman Jorgenson to approve the agreement with Maier Stewart and Associates for a Lift Station Study in an amount not to exceed $9,760.00. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. APPROVE CONSTRUCTION OF PIPE OVERFLOW FOR A 1.5 MILLION GALLON WATER RESERVOIR: Mr. Wilczek, Assistant Public Works Director, stated that there were a number of questions raised at the last discussion meeting regarding the overflow pipe for the 1.5 MG water tank. He stated that, basically, if the SCADA system or any valves fail, there is the possibility of an overflow at the 1.5 MG water tank on High- way 65 and Rice Creek. He stated that if an overflow happened in the winter, with the present overflow system, which is a small swale, there is the possibility of an overflow onto the Northern States Power property which may create a probiem with the sub- station. Mr. Wilczek stated that it is recommended that an overflow pipe be constructed down towards Rice Creek to eliminate this problem. He stated that this construction could be added to a present TCAAP contract. He stated that the Army is willing to contribute 50 percent of the cost of this overflow pipe so the cost to the City would be about $12,500.00. MOTION by Councilwoman Bolkcom to approve construction of a overflow pipe for the 1.5 million gallon water reservoir. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27 1995 PAGE 14 10. LICENSES: LIVESTOCK LICENSE FOR THE FRIDLEY '49er DAYS: Councilwoman Jorgenson stated that she was concerned about the humane treatment of the animals if the City were to approve a license for a petting zoo. She questioned where the animals would be sheltered and if there would be shade for them. MOTION by Councilwoman Jorgenson to table this item for further information from staff. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 17. INFORMAL STATUS REPORTS: Mr. Burns stated that there are two items to be discussed infor- mally by the Council following this meeting. He stated that one is the youth drop-in and drop-off center and the other is an update on the search for an alternate site for the liquor warehouse. 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 February 27, 1995 adjourned at 9:03 p.m. Respectfully submitted, Carole Haddad Dennis L. Schneider Secretary to the City Council Mayor Pro Tem r _ � Community Development Department PLANIVING DIVISION City of Fridley DATE: March 2, 1995 I TO: William Burns, City Manager� 1� FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator First reading of an ordinance to vacate a portion of the easement at 7580 Brigadoon Place N.E. in order to correct a garage encroachment. � While having title work done on their home, the residents at 7580 Brigadoon Place N.E. discovered that their garage had been constructed approximately 6" over a drainage and utility easement that exists on their south property line. Staff discussed a hold harmless agreement as a possible solution to this encroachment. The homeowners opted to pursue a vacation of the portion of the easement that exists below the foundation. The City's engineering staff determined that there is an 18" storm sewer pipe approximately 5' below the surface. The hold harmless option was suggested once again by the.engineering staff. As an alternative, the engineering staff stated they would be in agreement with vacation of onl the 6"(+/-) along the length of the garage. Originally, the petitioner submitted a survey describing the area under the overhang as wel]. as under the foundation. Because the overhang would require a vacation of 2'-10", staff asked the petitioner to have the survey corrected to describe only the portion below the foundation. The petitioner agreed to do so. PLANNING COMMISSION RECOMMENDATION: The Planning Commission concurred with staff's recommendation to approve the request by Ceann Haluptzok to vacate that portion of the Easement over Lot 7, Block 2, Blomberg Estates, affected by the existing garage encroachment subject to the following stipulations: 1. A legal description of the area to be vacated shall be submitted to the City prior to recording the vacation at Anoka County. 2. Verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies � .� � Haluptzok March 2, 1995 PAGE 2 submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. The Commission did express concern about setting a precedence and asked that the minutes reflect that concern and recognition that if this request had been made for an area larger than the 6"+/- they would not support such a vacation. PUBLIC IiEARING COMMENTB: The Public Hearing for this item was held on February 27, 1995. City Attorney, Virgil Herrick recommended that a hold harmless agreement be attached as a third stipulation. 3. The Petitioner, her heirs, successors and assigns shall hold harmless for any injuries or damages to property by reason of the construction of a garage within the City's drainage and.utility easement. STAFF RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission and City Attorney's recommendation and approve the vacation with the three, previously stated stipulations. SH/ M-95-137 �.�2 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate a small portion of a drainage and utility easement on the south property line of Lot 7, Block 2, Blomberg Estates, in order to correct a garage encroachment, generally located at 7580 Brigadoon Place N.E. All lying in the North Half of Section 12, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulations adopted at the City Council meeting of SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: February 27, 1995 First Reading: Second Reading: Publication: � 1.03 � � STAFF REPORT Community Development Department Appeals Comtnission Datc Planning Coininission Date : January 18 , 1995 City Council Date : February 27, 1995 APPLICATION NQMBER: Vacation, SAV #94-04 PETITIONER• Ceann Haluptzok, Owner, 7580 Brigadoon Place LOCATION• Lot 7, Block 2, Blomberg Estates Subject to Easement of Record. Generally located on Brigadoon Place North of 75th Avenue N.E. REOUEST: To vacate approximately 6" of a 10' utility easement along the southern property line. BACRGROUND• Site Blomberg Estates was platted in December of 1980. At that time, a 10' drainage and utility was recorded to allow an 8" sanitary and 18" storm sewer to cross Lot 7, Block 2. During October 1983, a building permit was issued for a home on Lot 7, Block 2, Blomberg Estates. That permit was for a 48'x 26' home with a 24'x 26' attached garage. Attached to the permit application was a survey, modified by adding a simple inked-in sketch of how the home would sit on the property. The 10' easement was clearly illustrated on the diagram and a front yard setback dimension was indicated, but a dimension from garage to the south property line was not included. It is the contractor's responsibility to insure the home is to be properly constructed. An as-built survey was prepared by Suburban Engineering, once the home was completed. That survey indicated that the attached garage had been constructed in a manner that encroached on the City's drainage and utility easement along the entire length of the garage. The encroachment was identified as part of a title search when the petitioner was preparing to sell the property. Staff Report VAC #94-04, by Ceann Haluptzok Page 2 Staff suggested that the property owners submit a hold harmless agreement as a solution to the encroachment. This hold harmless agreement would indemnify the City of responsibility if the garage were damaged by utilization of the easement for purposes in which it was intended. The Title Company declined to pursue this option, opting for the vacation process as the "cleanest" option to rectify the title problem. Prior�to application, the petit�oner was advised about the necessity to have a survey identifying the precise description of the area to be vacated. **Stipulation** A legal description of the area to be vacated shall be submitted to the City prior to recordinq the vacation at Anoka County. ANALYSIS On at least one other occasion a garage encroachment has caused a situation were the owners were required to provide an indemnification document to the City. In that instance a garage was straddling a 6' utility easement. Discovery of the easement came after that garage was in place. In the current situation the importance of the easement, combined with the request to vacate, has caused the Engineering staff some concern. Typically, when the combination of storm sewer and sanitary sewer lie within a 10' utility easement, all of the 10' would be required to provide the necessary space to make repairs on the utility lines. Therefore, their recommendation was to vacate only the portion of the easement beneath the garage encroachment. This vacation, though not ideal, wiZl leave about nine feet six inches of easement. Other utilities, including the power and gas companies have been notified. As of yet, there has not been a response regarding this matter from those utilities. **Stipulation** Verification of utility locations and acknowledgement of intent to vaaate shall be documented, with copies submitted to the City, prior to recordinq this vacation with the Anoka County Recorder�s Office. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the request by Ceann Haluptzok to vacate that portion of the Easement over Lot 7, Block 2, Blomberg Estates, affected by the existing garage encroachment subject to the following stipulations: 1.05 Staff Report VAC #94-04, by Ceann Haluptzok Page 3 1. A legal description of the area to be vacated shali be submitted to the City prior to recording the vacation at Anoka County. 2. Verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. PLANNING COMMISSION RECOMMENDATION: The Commission concurred wi.th staff's recommendation of approval with two stipulations. However, The Commission did express concern about setting a precedence and asked that the minutes reflect that concern and recognition that if this request had been made for an area larger than the 6"(+/-) they would not support such a vacation. PUBLIC HEARING COMMENTS: The Public Hearing for this item was held on February 27, 1995. Virgil Herrick recommended that a hold harmless agreement be attached as a third stipulation. 3. The Petitioner, her heirs, successors and assigns shall hold harmless for any injuries or damages to property by reason oE the construction of a garage within the City's drainage and utility easement. STAFF RECOMMENDATION: 5taff recommends that the City Council concur with the Planning �Commission and City Attorney's recommendation and approve the vacation with the three, previously stated stipulations. 1.06 A G R E E M E N T This Agreement, dated this day of , 1995, by and between Ceann Haluptzok, a single individual, (hereinafter referred to as "the owner"), and the City of Fridley (hereinafter referred to as "the City"). WHEREAS, the owner owns residential real estate in the City located at 7580 Brigadoon Place N.E. and is legally described as follows: Lot 7, Block 2, Blomberg Estates (subject to easement of record). WHEREAS, said property includes a ten foot drainage and utility easement along the entire south property line; and WHEREAS, a small portion of the drainage and utility easement has been vacated to accommodate a garage whose foundation was erroneously placed within the easement; and WHEREAS, the City has agreed to vacate said portion of the drainage and utility easement allowing the structure to remain upon certain conditions. NOW, THEREFORE, in consideration of vacating a portion of � the drainage and utility easement, Ceann Haluptzok, her heirs, successors, and assigns hereby covenant and agree as foilows: 1.07 Haluptzok Agreement - Page 2 1. Ceann Haluptzok shall provide a legal description of the area to be vacated shall be submitted to the City prior to recording the vacation at Anoka County. 2. Ceann Haluptzok shall provide verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. 3. Ceann Haluptzok shall hold the City harmless for any injuries or damages to property by reason of her construction of a garage within the City's drainage and utility easement. 4. Ceann Haluptzok, her heirs, successors, and assigns shall deiend the City against any and all claims arising as a result of construction within the drainage and utility easement. The City may defend and charge the costs of such defense against Ceann Haluptzok, her heirs, successors, and assigns, and assess such costs against the subject property if adequate and timely defense is not commenced on the City's behalf. 5. Ceann Haluptzok, her heirs, successors, and assigns agree to promptly pay any sums due under this agreement. i.08 Haluptzok Agreement - Page 3 The City may pursue judgments to collect the amounts owing under this agreement, and if said sums are not promptly paid, the City may assess the costs against the subject property. CITY OF FRIDLEY By: WiZliam W. Burns Its City Manager Ceann Haluptzok STATE OF MINNESOTA) , ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1995, by Ceann Haluptzok, a single individual. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1995, by William W. Burns,. City Manager of the City of Fridley. Notary Public 1.09 TO: FROM: DATE: SUBJECT: Engineenng Sewer W3ICf Parks Sireets Maintenance �� William W. Burns, City Manager � John G. F1ora,�Public Works Director March 6, 1995 Harris Pond Public Hearing PW95-054 Over the last few years, the residents along Harris Pond have been annually requesting weed and algae treatment of the pond They are currently interested in setting up a continuing program for pond and aquatic growth treatment. To facilitate scheduling of the work this year and to assist them should they not be able to obtain 100% of the signatures by March 20, it is requested that a public hearing be set for the establishment of a special taxing district for the Harris Pond treatment progtam. Recommend a public hearing be scheduled for March 20, 1995 at 7:30 pm in the Council Chambers. JGF:cz Attachments 2.01 �� .,, . �, � > CITY OF FRfDLEY NOTICE OF HEARING ON IMPROVEMENTS HARRIS POND TREATMENT WHEREAS, the City Council of the City of Fridley, A�oka county, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 20th Day of March, 1995, at 7:30 pm, the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Avenue NE, Fridley, MN, and will at said time and place hear al{ parties interested in said improvements in whote or in part. The general nature of the improvement is to treat the pond for algae and weed infestation, to wit: lMPROVEMENT ITEM Pond improvement including chemical phosphorous treatment, aquatic weed and algae treatment of the surface waters at Harris Pond located as follows: Harris Pond Est. $6,000 All of the land abutting upon said pond named above and all lands within, adjacent and abutting thereto. AI1 of said land to be assessed proportionately according to the benefits received by such improvement. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids, should contact Roberta Collins at 572-3500 no later than March 13, 1995.. PUBLISHED: FRIDLEY FOCUS March 7, 1995 March 14, 1995 2.�2 s�o ` 65 , ��) (�i (�� (�1 � 6480 (s�� 6470 t ul) �� is�� a�) (� ) 6460 (s�l � ; i • �� L560 �t n? � �u�, s�o -� ' c�� Q � � :e t�l � � � 6410 � i2 � 6381 u� �� .: t s 1 � � � � t�� l � " i �� ( �t l 1 j t , Harris Pond � �� ; � + � � : c ` ` � ; I � � � � ' } ; � � � � � �� ; k � � (1�1) � � t� � _� . � � ,; ��r ) j= � � � �t;� � ( )r ( 1 � �; ]b91 - ,, . :; �, ' _; . ( � ) ��'�1 i�) ��1 ��5� -- � � � � �� - Camelot Lane N.E. °;amelot Lane NE. � � c�0� c�� c�0� c N°� � u°� c�"°� c�`°' s�o c �0 tu� " � �s � F c � ,' cs�°� c�� cl�� _? ' � s�o � , ` �' � { �u� � i � Cn r ` 3' � t 4' �� . i � ' t�� t�� i _ I . r� �—--�— n---� . . . . 2.03 � � U � � � � ° _.-- s � � � -- i � m m z �,--- 0 � —•-- U � � CITYOF FRl DLEY FOR CONCURRENCE BX THE CITY COUNCIL GENER�L �ONTRACTOR-COMMERCIAL Southridge Construction 11800 Single Tree Ln #130 Eden Prairie MN 55344 Mark Johnson �ENE L CONTRACTOR-RESIDENTIAL ' Rainbow Cleaning & Restoration Inc (8703) 900 53 Ave N Brooklyn Center, MN 55430 Roger powell MOBILE HUME INSTALLER Superior Mobile Home Service 17021 Willemite St NW Ramsey MN 55303 William Kern Tower Terrace Box 280 Rockford MN 55373 Paul Altringer PLUMBING Sutherlund Plbg & Htg 8290 Main �St NE Fridley MN 55432 Mazv Hase 5.02 LICENSES JOHN _ PALACI(3 Chief Bidg Ofcl STATE OF MINN STATE OF MINN Same STATE OF MiNN � _ � � Community Development Department G DIVISION City of Fridley DATE: March 3, 1995 �Q !r- TO: William W. Burns, City Manager � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Variance request to allow a reduction in the required minimum lot area from 32,670 square feet to 23,�000 square feet. zssuE: The City Council considered this variance request on February 13, 1995. At that time The City Council asked staff to provide additional historic data illustrating how and when this non- conforming lot condition was created. �II STORY : July 26, 1962. Nagel's Woodlands was platted. Outlot l,.Nagel's Woodlands is a composite of what�appears to be 3 small parcels. 1988 RMS purchased Outlot 1 which had an old house on the north-west portion of the lot, close to Osborne Road. The home had been utilized as the business location for a hair salon in previous years. June 13, 1988 A demolition permit was issued to remove the home. Nov. 13, 1989 A variance request was made by RMS Company to increase lot coverage from 40� to 41.5�, reduce the hard surface setback from 5' to 3.5' in order to expand the existing building. Dec. 5, 1990 A rezoning request was processed and the rezoning was passed. The action created an M-1 parcel (from what had been a C-2, General Business parcel, not the C-3 parcel as discussed at the February �Oth meeting). RMS's plan was to utilize the additional M-1 property to increase the developable land area for building expansion.The RMS development never occurred. 6.0 i William M. Burns March 3, 1995 Page 2 Feb. 12, 1993 Premier Industries holds grand opening after purchasing the former RMS development site (west of 970 Osborne Road, subject parcel). June 20, 1994 Staff contacted RMS regarding outdoor improvements required to.utilize the site/garage for business purposes. The property improvements were to include: curbing, pavement repair, screening fence, siding repair to the garage and sod) Jan. 11, 1995 RMS/Equity Developers, Inc. applied far a variance to the minimum lot size to allow future development of the site for a multi-tenant building which would be occupied by a landscaping contractor. The petitioners had also indicated that a number of variances may be required to make their building fit as it had been proposed. A simple sketch plan missing many essential details had been submitted. Jan. 23, 1995 Staff contacted the developer to let them know that without the essentials plans, no building variance application could be processed. Staff indicated that once their plans were further developed a seperate variance could be reviewed. February 1995 David Meyer, RMS indicated that without the building variance consideration, Equity Developers, Inc. did not want to pursue this site. Meyer indicated however, that since the process was started and the Appeals Commission had already rendered their recommendation, he would like staff to proceed in the lot area variance process. The subject parcel is "sandwiched" between two existing facilities. Fridley Tire & Brake is located to the east and is zoned C-2. A manufacturing building is located to the west and zoned M-1. Located to the south of the parcel is the storage area of the former Lampert Lumber facility, now Division 7 Corporation. If the City were to deny the lot area variance, a new manufacturing industrial use could not be constructed on the parcel. The property owner has tried to sell the property to adjacent owners with no success. Given that the rezoning in 1990 was completed to allow RMS to expand (which didn't 6.02 William W. Burns March 3, 1995 Page 3 occur), and given that the former RMS lot has been sold, the petitioner has created the necessity of a variance. The variance as requested is within previously granted requests (14,320 square feet). The subject property was never legally, or for tax purposes, "combined" with the former RMS lot; therefore, the conveyance of the former RMS site did not require subdivision approval. ALTERNATIVE SOLIITION: REZONE THE PROPERTY BACK TO C-2, GENERAL BUSINESS Prior to the rezoning to M-1, this property was zoned C-2, General Business. The minimum lot requirement for a C-2 site is 20,000 s.f. This site exceeds the minimum lot area and could be rezoned for development as a commercial property. OPTIONS The Council has the following options: 1. Approve the variance as recommended by the Appeals Commission with the following stipulation: If necessary, a variance request for setback reductions shall be processed at the time of buiiding permit application (This would permit construction of any permitted industrial use). 2. Deny the variance request. this would prohibit development of the parcel. • 3. Table final action on the request until the petitioner successfully rezones the the property, at which point the petitioner should withdraw the variance request. Staff recommends Option #3. SH/ M-95-147 6.03 . _ � S TAFF REP O RT Community Development Depai-tment L� Appcals Co�1i►�lission Date : January 3 1, 1995 Planning Cominission Date City Council Date: February 27, 1995 Mar h 6� 1995 APPLICATION NIIMBER: ♦• VAR #95-01 PETITIONER• ♦ Equity Developers, Inc. RMS Company, Owner LOCATION: ♦ 970 Osborne Road N.E.; zoned M-1, Light Industrial. Currently, there is a 24 foot x 36 foot, two car garage. located on the subject parcel. The garage is a remnant from a single .family dwelling which was once located on the subject parcel. REOUEST• ♦ To reduce the rec�uired minimum lot area from 32,670 square feet to 23,000 square feet. PUBLIC PURPOSE: Section 205.17.03.A requires a minimum lot area of not less than three quarters of an acre for one main building on plats recorded prior to January 1, 1983. Public purpose served by this requirement is to ensure adequate lot area for principal uses, required parking spaces and free area, and to avoid overcrowding of buildings in industrial areas. ANALYSIS• The petitioners are interested in purchasing the property and constructing a multi-tenant building on the property within the next one to three years. One of the petitioners owns and operates a building property maintenance company. The petitioners submitted, with their application, a sketch plan of a potential building on the property. As submitted, the proposed building would require rear-and side yard 6.0 4 Staff Report January 26, 1995 Page 2 setback variances for the building. The property was platted in 1959. The subject parcel is "sandwiched" between two existing facilities. Fridley Tire & Brake is located to the east and a manufacturing building is located to the west. Located to the south of the subject parcel is the storage area of the former Lampert Lumber facility, now Division 7 Corporation. The parcel is comprised of three parcels: A, B and C. Parcel C is a gap in the legal description between Parcels A and B. As a result of a combination of these remnant parcels, the subject parcel is of a unique configuration in addition to being less than the minimum required lot area. If the City were to deny the lot area variance, a new could not be constructed on the parcel. The property could, however, utilize the subject parcel by selling Parcels A and B to the adjacent properties to be used additional parking or open space. The variance as requested is within previously granted requests (14,320 square feet). RECOMMENDATIONISTIPIILATIONB: use owner for As the variance is within previously granted requests, staff has no recommendation regarding the request. If the Appeals Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations: 1. If necessary, a variance request for setback reductions shall be processed at the time of building permit application. APPEAL3 COMMIS3ION ACTIONt The Appeals Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. CITY COIINCIL RECOMMENDATZON2 Staff recommends that the City Council concur with the Appeals Commission action. s.o5 N IC01MER S�` i - . ' �;-. . � � �—; —}--�; I^ , ��/� � r ' V/ - W -. � 'r`~ ��Q;� � - . �' `�Z,t m ; l� - , I' �'3 ~i ~' ,,' V elr`.�.!- ,! ,�a i is :l• JG I �p � '1 � r"� .s I�% � ;��8 �' • . _ /*� W ` � � ��, � t /6 . /� W { 7 , j�� y s r Q /�� m , e -, � i�3 �9,,:, .y • � M,s,: ls�,) '�w 1 � � � f/ /�`` 22 � �� 23 �i� � �p_ eri. ��r� 2¢ •�� • / 9�,� 2 S .,, 2 QA ' 21t� : � 6 �� N� p zZF1. �� y 2% �� N //I ,___._.._ �---- VAR 1�95-0 ] Equity Developers, Inc. 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E ST. --. . „f �,> /z� `'z �` e�s� , •, x 3 W e �' — � . z �� , N . • •h .r ^ / �-� SITE , N � (d; �� .� � . � s � �� '- , � "' � CwsT � rs�tl • � o f N�f•o0' 24'E .,�� 3�S S� � �' Z • _ _ .a ,. . C � O ~ / _ � oN z E�ST . . �ez �'.. o D � � Ap • 2 ~ `; (��1 f � N � N . 0 � rrEST . . --32�.71 -- :' ' 4 ��.71 . 6.09 l`!.� y0 6�/{' ,N:/S�6A►.iw�e ; 20• �G ) /vc.r f'f�irr,o.�� B�/l I'�/� i T N December 28, 1994 Ms. Michele McPherson, B.L.A. Planning Assistant City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Re: Request for Variance - 970 Osborne Road Dear Ms. McPherson: Per our previous discussions on this matter, we enclose herewith our Variance Application and accompanying materials for consideration by the City of Fridley. Kindly note that we have identified two areas where we are seeking a variance from City code, regarding lot size requirement and rear yazd setback. As you may be aware, the subject property consists of appro�cimately 23,000 square feet, which would prohibit construcdng a main building per City code 205.17.03A. It is our intent within the next 1-2 years to construct one main facility on this property which will conform with all applicable City codes and requirements; we foresee this facility to be of an office/warehouse type with 16' height and the possibility of a retail storefront as pernutted under the M-1 zoning. Based on the enclosed plan, you will also note that at the southwestern portion of the parcel, we would plan to extend the parking surface and potentially a loading dock within 5 feet of the angled side/rear yard, which as a matter of pure code interpretation, would also require a variance. Our backgrounds in real estate include over 20 years of experience in developing, constructing and leasing/managing various types of commercial property. We b�lieve that this property is located well and a new facility will attract additional employment opportunides and consumer spending in the Fridley community. We would be interested in the possibility of City-assisted tax increment financing or other development incentives and look fonvard to meeting with the planning commission to further outline our objectives. Sincerely, illi tter, Principal Equiry eve pers, Inc. 340-5795 WPK/emb Enclosures G.10 Larry Schatz, Principal Building and Properly Services 786-4226 CITY OF FRIDLEY APPEALS COMMISSION MEETING, JANUARY 31, 1995 CALL TO ORDER• Chairperson Savage called the January 31, 1995, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Diane Savage, Ken Vos, Cathy Smith, Carol Beaulieu Larry Kuechle Michele McPherson, Planning Assistant Bill Katter, Equity Developers Larry Schatz, Equity Developers and Building & Property Dave Meyer, RMS Company David Erickson, Erickson Oil Products, Inc. Steven Hardel, Fridley Tire & Brake APPROVAL OF NOVEMBER 22 1994 APPEALS COMMISSTON MINUTES: MoTION by Ms. Beaulieu, seconded by Dr. Vos, to approve the November 22, 1994, Appeals Commission minutes as written. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING• CONSIDERATION OF VARIANCE REOUEST #95-01. BY E UITY DEVELOPERS, INC:. Pursuant to Section 205.17.03.A of the Fridley City Code, to reduce the required lot area from 32,670 square feet to 23,000 square feet on that part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing on the North line of the Northwest Quarter of said Section 12, at a point 34. rods east of the Northwest corner of said Section 12, Township 30, Range 24, thence East on the section line 10 rods; thence South and parallel with West line of said Section 16 rods; thence West parallel to the North line 10 rods; thence North to the point of Commencement; excepting therefrom, However, the East 104 feet of the foregoing described parcel and subject to a public roadway over the North 33 feet thereof, AND Outlot 1, of Nagel's Woodlands, AND All the land, if any,_lying East of Outlot 1 hereinabove noted as Parcel B, and West of the parcel of land hereinabove noted as Parcel A and lying between the Westerly extension of the North and South lines 6.11 APPEALS COMMISSION MEETING, JANIIARY 31, 1995 PAGE 2 of that land hereinabove noted as Parcel A, generally located at 970 Osborne Road N.E. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGS DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is located at 970 Osborne Road which is west of Highway 65 and south of Osborne Road. The VFW is located to the east, the old RMS facility is located to the west, and Division 7 Corporation, formerly Lampert Lumber, is located to the south of the subject parcel. The property is zoned M-1, Light Industrial. Ms. McPherson stated the request is to reduce the required minimum lot area from 32,670 square feet to 23,000 square feet. At this time, the petitioners are interested in purchasing the property to construct a multi-tenant building in the next three to five years. Currently located on the property is a two-car garage which remains after a single family dwelling was removed from the site. The current owner, RMS, used the structure for storage of maintenance materials. The petitioners intend to utilize the existing building for storage of maintenance equipment. One of the petitioners owns a property maintenance company. They also intend to utilize part.of the site as it exists for outdoor storage, which would be properly screened. Ms. McPherson stated the property was platted in its current configuration in 1959 and is comprised of three parcels -"A", "B", and "C". "C" is a gap in the legal description between."A" and "B". The petitioner is requesting a variance to the minimum lot area to purchase the property and construct a building at a future time. If the City were to deny the variance, a new structure could not be constructed on the subject parcel. The property owner would be left with the option of selling parcels A and B to adjoining property owners to use them for additional parking and/or open space. Ms. McPherson stated the request is within previously granted variance requests. Staff has no recommendation regarding the request. If the Commission chooses to recommend approval, staff recommends the following stipulation: 1. If necessary, a variance request for setback reductions shall be processed at the time of building permit application. • 6.�2 APPEALS COMMISSION MEETING JANIIARY 31 1995 PAGE 3 Ms. McPherson stated that included in the file is a preliminary sketch plan showing a proposed building configuration which would require variances. At this time, as the petitioners' plans are not firm, staff felt it would be better to deal with those at a future date. � Ms. Savage asked if the petitioners' intent was to use the building currently on the site. Ms. McPherson stated the petitioners would use the existing building for storage of vehicles and equipment related to the property maintenance company that one of the petitioners owns. They plan to construct in the next three to five years a typical multi-tenant industrial-type building. Ms. Beaulieu asked if the Commission had previously granted a variance reduction to 14,320 square feet. Ms. McPherson stated yes. Ms. Savage stated the purpose served is to avoid overcrowding of buildings in industrial areas. How would granting the variance affect the overcrowding of buildings? Ms. McPherson stated located along the common property line the east is the access driveway for the VFW so there is 'matel 25 feet to 30 feet between the VFW structure to and approxi y the property line. Mr. Hardel stated his business, Fridley Tire & Brake, is located between the VFW and the property being discussed. Ms. McPherson stated there is open storage area to the south and parking between the structure to the west and the subject parcel. Ms. Beaulieu stated any building they construct would need to fit. on the property unless the City grants further variances for setbacks and asked if the petitioners are aware of that. Ms. McPherson stated yes. Ms. Smith stated, while the petitioner is applying now, will this variance be good for one year. Ms. McPherson stated a lot area variance such as this would run with the property. A setback variance would be good for one - year. The petitioner would have to construct within that year; otherwise, they would need to re-appZy for those variances. Mr. Katter stated they were looking at one to three years rather than three to lot is small, the present use is quite 6.i3 constructing five years. unattractive. a building in Although the They plan a APPEALS COMMISSION MEETING, JANIIARY 31, 1995 PAGE 4 major improvement on that site. It is very likely they would seek additional variances for setbacks because the lot is so small. . Ms. Savage asked the petitioner how they would improve the site. Mr. Katter stated the building they are considering would accommodate his partner's business with office and warehouse space with a retail storefront that is attractive toward the street. There would be a permanent structure where there is �ow a garage. Mr. Hardel stated he owns the business directly to the east of this property. The VFW is located to the east of his business. He is attending the meeting to get further information on what is being planned for the site. His main concern is the drainage on this site. This property sits lower than the surrounding properties and receives drainage from Osborne and the surrounding properties. Ms. McPherson stated staff would address that as part of the building permit process. At that time, there would be another public hearing for any setback variance.requests for which the petitioners may apply. At the time they apply for a building permit, staff would require full scale grading and drainage plans. MOTION by Ms. Smith, seconded by Ms. Beaulieu,:to close the public hearing. IIPON A VOICE VOTE, ALL VOTiNG AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:43 P.M. Dr. Vos stated it seems as if the petitioner knows that, when they ask for a variance down to 23,000 square feet and then come in for the building, the� will have to face the issue of the setbacks. He thought it was a reasonable request. He is not sure what would happen when they get.to the setbacks. That may be a different issue. If we do not grant the variance, it makes the lot unbuildable in an M-1 district. Ms. Beaulieu agreed. The hardship is what else can be done with the property. The owners know that giving a variance for the smaller lots does not automatically grant any future variances. She would be in favor of approving. MOTION by Dr. Vos, seconded by Ms. Smith, to recommend to the City Council approval of�Variance Request, VAR #95-01, by Equity Developers, Inc., to reduce the required lot area from 32,670 square feet to 23,000 square feet on that part of the Northwest Quarter of the Northwest Quarter o� Sectian 12, Township 30� 6.14 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1995 PAGE 7 OLD B 19. MOTION by Councilman Schneider to waive the,ireading and adopt Ordinance No. 1045 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a roll call vote, Councilman Schneider, Councilwoman Jorgenson, Councilwoman Bolkcom, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. NEW BUSINESS• 20. RESOLUTION NO. 16-.1�95 APPROVING AND ADOPTING THE PROPOSED MODIFICATIONS TO:REDEVELOPMENT PROJECT NO. 1, TIF DISTRICTS NOS. 1 THROUGH 12 AND THE CREATION OF TIF DISTRICT NO. 13: Ms. Dacy, Community Development Director, stated that this resolu- tion officially establishes Tax Increment Financing District No. 13 and expands�the district. She stated that given the lack of any testimon to the contrary, it would be in order for the Council to adopt is resolution. M�I'ON by Councilman Billings to adopt Resolution No. 16-1995. �econded by CounciZman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JANUARY 31, 1995: A. VARIANCE REQUEST VAR #95-01, BY EQUITY DEVELOPERS, INC., TO REDUCE THE RE UIRED LOT AREA FROM 32 670 SQUARE FEET TO 23 , 000_ SOUARE FEET GEIdERALLY LOCATED AT 970 OSBORNE ROAD N.E. � WARD 2 ) : Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the lot size at 970 Osborne Road. He siated that this is an industrial site that conta�ns 23,000 square feet, and for a parcel recorded prior to January 1, 1983, the code requires a minimum lot area of 32,670 square feet. He stated that this parcel is between two existing facilities and is comprised of three parcels: A, B, and C. He stated that Parcels A, B, and C could act as one industrial development site. Mr. Hickok stated that the Appeals Commission recommended approval of this variance, as it was within previously granted requests. 6.15 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13 1995 PAGE 8 Mr. Hickok stated that drawings have been submitted of the building, but they were very preliminary. He added that staff requested they submit a plan �f this variance is approved. Councilman Billings asked the legal description of Parcel A and if it was a portion of another lot or platted by itself. -- Mr. Hickok stated that over time, it has been "shaved" and this lot created. He stated that in the event property owners on either side wished to acquire the parcel, it could be split. Ms. Dacy stated that RMS was looking at expanding, but they cannot record if they retain ownership on that parcel. Councilman Billings stated that this is a situation where if the variance is not granted, the lot is too small to construct anything on it. He stated that it is a variance not created by the land but a hardship created by RMS. He stated that it would be diffi- cult for him to support a variance that does not meet the test of the State Statute. Mayor Nee asked if the situation was created by RMS. Councilman Billings stated that it would appear the parcel was created by splitting off portions of other lots whicn created this situation. Ms. Dacy stated that to the best of her knowledge, she believed this was a separate parcel and was part of a platted �ot. She recommended that the item be tabled to allow for further research. Councilman Schneider asked how Parcel C was created. Ms. Dacy stated that the gaps in the overTaps are not unusual in that area, and it is something that could be resolved through a combination. Councilman Schneider stated that he could find no hardship stated for this variance. MOTION by Councilman Billings to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. Mr. Hickok, Planning Coordinato , stated that this is a proposal for services by Short Ellio Hendrickson (SEH) to assist staff with the preparation o a water conservation and emergency p�eparedness plan. I�e' statad that the Department of Natural s.�s _ _ CI�TY OF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 January 23, 1995 William Katter Equity Developers 7528 Arthur Street N.E. Fridley, MN 55432 Dear Mr. Katter: I received your variance application for 970 Osborne Roari. As you noted in your letter, a number of additional variances besides the lot area variance would be required based on the preliminary sketch plan you submitted with your application. In speaking with my supervisor, Scott Hickok, Planning Coordinator, we decided that the only variance which would be processed at this time would be the lot area. variance. At the time you develop site plans, and are ready to construct the building, a second variance request for any setback variances will be required to be processed. Please feel free to contact me at 572-3593 if you have any concerns regarding this item. I look forward to seeing you on January 31, 1995 at the Appea�s Commission meeting. Sincerely, Michele McPherson Planning Assistant MM:da C-95-17 6.17 , �; r % ;'' �i ��:w� t�.l,:.: �n � �•�vii! I• ��\Iti�'/7 February 17, 1995 Michelle McPherson, Planning Assistant Community Development Department Planning Division City of Fridley Dear Michelle, After carefully reading through var #95-01 for 970 Osborne Road, I felt that you should be aware of the fact that I have offered this plot of land to the parties on each side of this property. Both parties have indicated that they have no interest in acquiring this property. Michelle, I appreciate your help in presenting this case to the City Council. Sincerely, � �;�;c2G�° �% David Meyer Purchasing Manager s. � 8 8600 Evergreen Boulevard • Minneapolis, MN 55433-6036 • Phone (612) 786-1520 • Fax (612) 786-1771 POLICE DEPARTMENT City of Fridley Minnesota MEMORANDUM TO: WILLIAM W. BLJRNS •�� FROM: JACK KIRK �� `,,� DAVE SALLMAN �`�`', � - SUBJECT: RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FOR PROJECT SAFETY NET DATE: March 2, 1995 Attached is a resolution supporting Project Safety Net and authorizing expenditure of $49,744 from the General Fund Continge�cy Reserve. We have also attached the description and proposed budget for Project Safety Net. Staff recommends approval at the March 6th, 1995 Council Meeting. 7.01 RESOLUTION NO. - 1995 RESOLUTION AUTHORiZING FUNDING OF PROJECT SAFETY NET WHEREAS, the City of Fridley is concerned about the welfare of all of its youth, and WHEREAS, the City of Fridley recognizes that unsupervised youth are at-risk to commit crimes, become victims of crimes, or participate in behavior that may be destructive to their well-being and WHEREAS, the City of Fridley recognizes that youth benefit from contact with responsibie adult role models, and WHEREAS, the City of Fridley recognizes that certain at-risk youth may benefit from intervention and referral services, and WHEREAS, the City of Fridley recognizes they have a responsibility to provide positive recreation opportunities for youth of the community, and WHEREAS, the City of Frid(ey recognizes that the late evening hours are a time period when youth have unsupervised time. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley will establish Project Safety Net to provide late night services for youth, and BE IT FURTI-�R RESOLVED that one component of Project Safety Net will be a drop-off center for youth in violation of the curfew law, and BE IT FURTHER RESOLVED that a second component of Project Safety Net will provide supervised recreation activities for youth on weekends and some non-school day evenings, and BE IT FURTHER RESOLVED that an advisory board will be established to assist in meeting the.needs of youth in the community, and BE IT FURTHER RESOLVED that the City Council commits expenditure of $49,744 for Project Safety Net and said funds shall be transferred from the general fund contingency reserve to the Police Department operating budget. PASSED AND ADOPTED BY THE CITY COUNCII.. OF THE CITY OF FRIDLEY THIS DAY OF MARCH, 1995. WII,LIAM J. NEE, MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK 7•02 JK9549 - _ C�� F ERI DLEY MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (6 i 2) 572-3507 FAX: (612) 571-1287 r Memo to: William N. Burns, City Manager �� Fram: Subject: Wiiliam C. Hunt Assistant to the City Manager William C. Hunt, Assistant to the City Liability Considerations for Proposed Proqram Date: March 1, 1995 Manaqer �%� � Drop-off/Drop-in Recently, you raised questions about legal liability and insurance of volunteers in relation to the proposed Drop-off/Drop-in Program. I spoke with Virgil Herrick about the legal liability aspect of the pro�ram. He was concerned about the treatment of teen-agers in violation of the curfew when the Police are not able to locate their parents or a custodial adult. Dave Sallman assured him that arrangements will be made with Anoka County Human Services to place these juveniles in a foster home for the night. Virgil felt that this procedure responded to his concerns. He did not see any particularly extreme liability exposure from the new program. However, he did urge us to notify our insurance company so that all aspects of the new program are insured. I assured him that I would notify Mike Hadtrath to that effect. With regard to volunteers, they are covered by our liability insurance since they are acting as agents of the City. However, they are not at present covered by our workers compensation insurance. The League of Minnesota Cities Insurance Trust (LMCIT) does not recommend a voluntary workers compensation endorsement but does offer a special policy for volunteers with the following benefits: 1. 2. A disability benefit of $400 if a volunteer is unable to his/her normal occupation. A death benefit of $100,000. per week for up to 26 weeks engage in the activities of 3. An impairment benefit of a lump sum ranging from -$750 for a 10 disability to $100,000 for a 100% disability. The percentage of disability is determined in the same manner used for impairment compensation in the workers compensation system. 7.03 Memorandum to William W. Burns Liability Considerations for Proposed Drop-off/Drop-in Program March l, 1995 Page Two The annual premium for this volunteer coverage would be $1,500.00. This would cover all city volunteers including those helping with the clean-up week. For an additional $675.00 per year the City can add up to $1,000.00 per volunteer coverage for medical costs. This could pick up minor first aid costs, or it cou�d be used to pay for deductibles or co-payments on the volunteer's own health coverage. Virgil Herrick thinks it would be a qood thing for the City to take out this volunteer insurance, and the clean-up day committee has been thinking of it too. If Rick Pribyl has no objections, I recommend that we add it to our regular insurance coverage on an on-going basis. c: Richard D. Pribyl, Director of Finance/City Treasurer David Sallman, Public Safety Director Barbara Dacy, Director of Community Development Jack Kirk, Director of Recreation and Natural Resources Mike Hadtrath, Corporate 4 Insurance, Inc. �.04 Pro ject Safety Net Mission Statement: To promote a safe and healthy community for Fridley youth Objectives: 1. To develop an after hours drop off center (after hours being post curfew). 2. To develop positive recreational opportunities for youth ages 14 and over on late Friday and Saturday evenings. Description: Project Safety Net is a comprehensive approach to developing healthy youth during non-school hours through a collaboration between Police, Recreation and Schools. The program will consist of two components. The first being an after hours drop off center where police of6cers may drop off youth in violation of the curfew ordinance. The drop off center will be open from 10:00 p.m. to 3:00 a.m. and staffed by youth workers experienced in working with at risk youth and families. The youth workers will be responsible for making assessments as to appropriate referral services including counseling, recreation, health, employment and community service. The center will offer peer and adult mentor services to assist youth who are frequent curfew violators. The second component of Project Safety Net will be to provide posi#ive recreation opportunities for youth on weekend evenings between 9:30 p.m. and 11:30 p.m. This component gives youth an alterna- tive to the consequences of unstructured leisure time resulting in problematic behaviors. Activities will range from sports to hobbies, thus creating an opportunity to build healthy relationships with peers and adults. The activities will be staffed by youth workers experienced in working with youth from diverse backgrounds. Lastly, an Advisory Board will be established to assist staff in meeting the needs of the Fridley community. It will be comprised equally of youth and adults representing the many faces of the city. This board would meet initially monthly to provide direction and structure to the staff responsible for the development and implementation of Project Safety Net. We look forward to meeting with you and addressing any questions or concerns you may have regard- ing this new cooperative venture. - Kevin Thomas, Youth & Family Outreach Worker - Police Department - Sharie Ahlers, Administrative Secretary/Crisis Intervention - Police Deparhnent - Debi Campobasso, Program Specialist - Recreation & Natural Resource Department 7.05 Project Safety Net Projected Buciget After Hours Drop Off Center May 1995 3 days/week (12 days/72 hours) x$11.27/hour x 5 workers = June through August 1995 7days/week (92 days/552 hours) x$11.27/hour x 2 workers = September through October 1995 3 days/week (26 days/156 hours) x$11.27/hour x 2 workers = November 1995 through March 199b 2 days/week (44 days/264 hours) x$11.27/hour x 2 workers = Apri11996 3 days/week (12 days/72 hours) x$11.27/hour x 2 workers = Subtotal After Hours Activities Year Round 2 days/week (104 days/312 hours) x$11.27/hour x 2 workers = Staff Development (meetings & training) 52 weeks x 7 workers x$11.27/hour x 1.5 hours = Subtotal Social Security/Workmans comp (22%) Total Projected Cost %.Os $4,057 $12,442 $3,516 $5,951 $1,623 27 9 70 2 $6,153 40,774 97 $49,744