09/11/1995 - 4881I '�
CINOf
fRIDI.EY
FRIDLEY CITY COUNCIL MEETING
ATTENDENCE SHEET
Mvnday, Se��embe�c 11, 1995
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
NAME (CLEARLY)� ADDRESS
< . ➢ - - -
��7i?��I�II��/��
ITEM
NUMBER
�
t
cmr oF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING OF
SEPTEMBER 11, 1995
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 activiries because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regazd to public assistance. Upon request,
accommodarion will be provided to allow 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 disabiliries
who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance.
(TTD/572-3534)
PLEDGE OF ALLEGIANCE:
PROCLAMATION:
Values First Week
September 17 - 23, 1995
APPROVAL OF MINUTES:
City Council Meeting of August 28, 1995
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Second Reading of an Ordinance
Recodifying the Fridley City Code,
Chapter 205, Entitled "Zoning," by
Amending Section 205.25.8.C, and
Repealing Section 205.24 and
Adopting a New Section 205.24
Creating Floodplain Regulations . .
............. 1.01-1.28
FRIDLEY CITY COUNClL MEETING OF SEPTEMBER 11, 1995 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Resolution Adopting a Proposed
Budget for the Fiscal Year 1996 . . . . . . . . . . . . . . . 2.01 - 2.03
Resolution Certifying Proposed Tax
Levy Requirements for 1996 to the
County of Anoka . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.02
Extension of a Special Use Permit,
SP #94-10, by David and Patricia
Younkin, to Allow Construction of
a Second Accessory Structure
Over 240 Square Feet, Generally
Located at 5401 Matterhom Drive
N.E. (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.05
Extension of a Special Use Permit,
SP #94-12, by Monte and Michelle
Maher, to Allow Construction of an
Addition to a Single Family Home in
the Flood Fringe Distri�t, Generally
Located at 7965 Riverview Terrace
N.E. (Ward 3)
and,
Extension of a Variance Request,
VAR #94-20, by Monte and Michelle
Maher, to Reduce the Rear Yard
Setback from 40 Feet to 30 Feet,
Generally Located at 7965 Riverview
Terrace N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . .
5.01 - 5.05
_
;
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1995 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Receive Bids and Award Contract for
Washington Sfireet Water Main Repair
Project No. 272 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.03
Claims ................................... 7.01
Licenses ................................. 8.01-8.03
�
Estimates ................................. 9.01
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: . .
(Consideration of Items not on Agenda - 15 Minutes)
:
Y
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, '1995 PAGE 4
PUBLIC HEARINGS:
Rezoning Request, ZOA #95-05,
. by Karl and Margaret Schurr for
� Minco Products, to Rezone
Property from C-2, General
Business to M-1, Light Industrial,
Generally Located at 7321
Commerce Lane N.E. (Ward 3);
and,
Vacation Request, SAV #95-03,
by Karl and Margaret Schurr for
Minco Products, to Vacate a
30 Foot Drainage and Utility
Easement, Generally Located at
7321 Commerce Lane N.E.
(Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.12
NEW BUSINESS:
Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01
`• ADJOURN:
IY
,
f�RIllLEY C:l�i�i' �;�a1�N�:'IL �tiII�.LT'1\TG O��' ��+�F'�'ENI13�;I2 I1, 1�9� !�(���� =
The City of Fridley will not discriminatc against or harass anyone in the admission or access to, or treatment, or C�-�O�
employment in its services, prograzns, or activities because of race, color, creed, religion, national origin, sex, disability, F�DLE
age, marital status, sexual orientation or status with regard to public assistance. Upon request, accom►nodation �vill be
provided to allow it�divid��als with disabilities to participate in any of Fridley's services, programs, and activities.
HWaring 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 ALLEGIANC�:
PROCLA�111ATION:
Values Fi�st Week
September 17 - 23, 1995
APPROVAL OF MINUTES:
�u�,�-��
�_ �v�
U ~
City Council Meeting of August 28, 1995
��� ���
�
APPROVAL OF PROPOSED CONSENT AGENDA•
OLD BUSINESS:
Second Reading of an Ordinanee
Recodifying the Fridl2y City Code,
Chapter 205, Entitled "Zoning," by
Amending Section 205.25.8.C, and
Repealing Section 205.24 and
Adopting a New Section 205.24
����a�i��y riuu�piain r=ceyuiaiions .. i.� i- �.28
� � �,� (�J
�_�-,�„Gi..�� � � l
�,�.��-.�;�"
.�- a-�-�(�:-��..0
NEW BUSINESS:
Resolution Adopting a Proposed
Budget for the Fiscal Year 1996 . 2.01 - 2.03
�,�w�%�> �,� .5� :
Resolution Certifying Proposed Tax
Levy Requirements for 1996 to the
County of Anoka . . . . . . . . . . . . . 3.01 - 3.02
<<�-�,.�� ��°�-, s�.
NEW BUSINESS (CONTINUED�
Extension of a Special Use Permit,
SP #94-10, by David and Patricia
Younkin, to Allow Construction of
a Second Accessory Structure
Over 240 Square Feet, Generally
Located at 5401 Matferhorn Drive
N.E. (Ward 2) . . . . . . . . . . . . . . . 4.01 - 4.05
r, f% � ,�,-.-�� ��.� ����
.� „ , /� z. j� �-� z,,:,�
N,,,�l%� �- � _
L..�-�.
Extension of a Special Use Permit,
SP #94-12, by Monte and Michelle
Maher, to Allow Construction of an
Addition to a Single Family Home in
the Flood Fringe District, Generally
Located at 7965 Riverview Terrace
N.E. (Ward 3)
and,
Extension of a Variance Request,
VF1K �f�4-2U, ny ivionte and Micheile
Maher, to fteduce the Rear Yard
Setback from 40 Feet to 30 Feet,
Generally Located at 7965 Riverview
Terrace N.E. (Ward 3) . . . . . . . . . 5.01 - 5.05
� � ��
��,,,.. _ �u.� c�_� �
� 1 � � � ��"-' -
Receive Bids and Award Contract for .
Washington Street Water Main P.epair �
Project No. 272 . . . . . . . . . . . . . . 6.01 - 6.03
��'--t-vf �w�-� .,�. ��.,�,..��.
(' ,,.-f:��_,:L- ;-�__ �/� ,,,,,,�,t �?�..�Y-��,
:�,- ��y 76�_
Claims ..................... 7.01
���� _�{
APPROVAL..OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDL
Licenses . . . . . . . . . . . . . . . . . . . 8.01 - 8.03
�;,�,,,�,,.y-.,�.__ .
Estimates ................... 9.01
��z,L^���
ADOPTION OF AGENDA:
��,`'7��.t c.��—�1'�`-�„�
OPEN FORUM. VISITORS:
(Consideration of Items not on Agenda - 15 Minutes)
��. ���� _ s �, � ��..�-,
PUBLIC HEARINGS:
Rezoning Request, ZOA #95-05,
by Karf and Margaret Schurr for
Minco Products, to Rezone
Property from C-2, Generai
Business to M-1, Light Industrial,
Generally Located at 7321
Commerce Lane N.E. (Ward 3);
and,
Vacation Request, SAV #95-03,
by Karl and Margaret Schurr for
Minco Products, to Vacate a
30 Fo�t Drainage and Utility
Easement, Generaily Located at
7321 Commerce Lane N.E.
(Ward 3) . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.12
��
C -;'
���
NEW BUSINESS:
�r� �' L /� ,r�
c�; ; ,-� /, , l ^--`
i �
Informai Sta-/-tus Reports . . . . . . . . .� 1.01
C" �.-��'l.i-, c in L�-�-a� �c�-. � �•
///�� 1 g /y'�-y
V(l�ia,� ,'J.�-+l-s/{i�L✓"l �'%1N-rM..^.,fAV{ �-t--c_C�/�--..1.,i
A
��.a.,w.�.�� �..�.c �.4�..—��-- �ti„�, �� �
ADJOURN. r�' �<�^ a;7�i,.� �-....-,�..r - ;1''ti-•--�
�� �.j�1 �� /�l �,c r-; =a ,�,, z.t, �r.--.-a-�-,--
. .
�.a�--.�-,..,�rt . �. � �n�-�,- �ti.--�.�. %,�. �i-�. � Y-
�- `'�--4,
� � Values Awareness Week R �
September 17-23, 1995
Hilltop, Columbia Heights, and Fridley celebrate these community values
♦ Responsibility ♦ Nonviolence ♦ Self-Control
♦ Citizenship ♦ Integrity ♦ Respect ♦ Caring
Sunday, September 17 - A Symbol of Unity
Join your neighbors in beginning the week with a moment of silence and a symbolic bell ring-
ing at noon by the places of worship in Fridley, Columbia Heights, and Hilltop.
Tuesday, September 19 - Dr. David Walsh
7:30 p.m., Fridley High School Auditorium
Back by popular demand: Dr. David Walsh, author of "Selling Out America's Children," will
address what values mean to families today and why character education is important to our
society. FREE child care will be available at the Fridley Community Education Center. To
reserve child care, ca11636-5694 by 4 p.m. Tuesday. (wheel chair accessible)
Thursday, September 21 - Judith Rice
6:30 �.m., Murzyn Hall, Columbia Heights .
Judith Rice, author of "The Kindness Curriculum" will present ideas for parents and teachers
on how to insdll values in chiidren. Attendees will receive helpful informadon on working
with and/or raising children. Ms. Rice is a parent educator in the St. Paul Schools. FREE
child care is available at Murzyn Hall. To reserve child care, ca11636-5694 by 3 p.m. Thurs-
day. (wheel chair accessible)
Saturday, September 23 - Ice Cream Social
1:00 - 3:00 p.m. Athletic Greens West of Fridley High
School (Park at Fridley High School or Fridley Community Education Center)
ICE CREAM! Join us for a community celebration with free ice cream as we celebrate the
quality of life in Columbia Heights, Hilltop, and Fridley. (If rain, event will be in Fridley ,
High School gym.)
1
5i
Columbia Hcights ♦ Hilltop ♦ Fridley
For more information, call 636-5694.
THE MINDTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COIINCIL OF
AUGUST 28, 1995
The Regular Meeting of the Fridley City Council was called to order
at 7:35 p.m. by Mayor Nee.
PLEDGE OF ALLEGTANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT:
MEMBERS ABSENT:
PROCLAMATION:
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider and Councilwoman
Bolkcom
None
FRIDLEY PRIDE CITY-WIDE CLEAN-UP WEEK, SEPTEMBER 9- 16, 1995:
Mayor Nee asked Councilwoman Bolkcom, the City Council's represen-
tative for Clean-Up Week, to read this proclamation.
Mayor Nee issued this proclamation proclaiming the week of
September 9 through 16, 1995 as Fridley Pride City-Wide Clean-Up
Week. He urged Fridley citizens to help one another and to take
advantage of this clean-up program to tidy up Fridley.
Mayor Nee presented this proclamation to Dean Saba of the Clean-Up
Committee. Mr. Saba thanked Council for their support and
encouragement. He stated that he felt proud that the City can come
together and take on such a project. Mr. Saba asked the other
members af the committee to introduce themselves. These members
were Lonn�. McCauley, Woody Nelson, Mel Bolen, Mary Bowen, Sue
Price, and Jack Velin.
Councilman Schneider stated he believes that this project will be
a remarkable achievement for Fridley and will set a precedent for
other communities.
Councilwoman Bolkcom stated that volunteers are needed to help.
She stated that she looks forward to this event and felt it was
something that needed to be done in Fridley.
APPROVAL OF MINUTES:
COUNCIL MEETING. AUGUST 14, 1995:
MOTION by Councilwoman Jorgenson to approve the minutes as
presented. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28, 1995 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS-
1. SECOND READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE
FRIDLEY CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE
SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED
AT 5720 POLK STREET N.E.) (WARD 2):
Mr. Burns, City Manager, stated that this ordinance declares
real estate at 5720 Polk Street to be surplus, and it is to
be sold. He stated that the parcel is 80 feet by 148 feet and
meets the code requirements as a buildable lot. He stated
that it is intended to sell the lot for construction of a
single family home.
THIS ITEM AAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGIILAR AGENDA.
NEW BUSINESS•
2. PRESENTATION OF THE 1996 PRELIMINARY BUDGET:
Mr. Burns, City Manager, stated that the 1996 preliminary
budget for the General Fund is $9,758,126 which is a 1.9
percent decrease from the 1995 budget. He stated that with
Special Revenue Funds, Capital Project Funds, and Agency
Funds, the total budget is $12,340,500 or a 3.8 percent
increase from 1995. He stated that the increase is due mainly
to expenditures for various capital improvements in the areas
of building, street, and park improvements.
APPROVED THE 1996 PRELIMINARY BODGET.
3. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE CHAPTER 205 ENTITLED "ZONING " BY AMENDING SECTION
205.25.8.C, AND REPEALING SECTION 205.24 AND ADOPTING A NEW
SECTION 205.24 CREATING FLOODPLAIN RE�ULATIONS:
Mr. Burns, City Manager, stated that this ordinance was first
adopted in 1977 to limit development in the floodway and
permit development that meets standards in the flood fringe
district. He stated that the current regulations require a
minimum first floor elevation and a special use permit to
build in the flood fringe.
Mr. Burns stated that the amendments provide for the creation
of a third district, "General Floodplain District," that
includes both floodway and flood fringe districts. He stated
the amendment also provides additional standards for manufac-
tured homes, manufactured home parks, and placement of travel
trailers on travel vehicles. He stated that there are no
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28, 1995 PAGE 3
changes to the ordinance as it relates to floodway and flood
fringe districts, and there are no changes to the boundaries
of this district. He stated that since the City does not
permit manufactured homes or travel trailers in floodway or
flood fringe districts, these amendments will have no affect
on Fridley's residents.
Mr. Burns stated that Council requested removal of the special
use permit requirement to build in the flood fringe district,
and this has been done. He stated that the changes were re-
quested by the Federal Emergency Management Association and
the Department of Natural Resources.
WAIVED THE FIRST READING AND APPROVED THE ORDINANCE ON FIRST
READING.
4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
AUGUST 16, 1995•
RECEIVED THE MINIITES OF THE PLANNING COMMISSION MEETING OF
AUGIIST 16, 1995.
5. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 11. 1995, FOR A
REZONING RE4UEST, ZOA #95-05, BY KARL AND MARGARET SCHURR FOR
MINCO PRODUCTS, TO REZONE PROPERTY FROM C-2, GENERAL BUSINESS,
TO M-1. LIGHT INDUSTRIAL. GENERALLY LOCATED AT 7321 COMMERCE
LANE N.E. (WARD 3)•
Mr. Burns, City Manager, stated that this public hearing is
for the rezoning of property from C-2 to M-2 at 7321 Commerce
Lane N.E. He stated that the rezoning is requested to allow
a 60,000 square foot addition to Minco Plant #2.
88T PUBLIC HEARING FOR REZONING REQIIEST, ZOA �95-05, FOR
SEPTEMBER 11, 1995.
6. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 11, 1995, FOR A
VACATION RE4UEST. SAV #95-03, BY KARL AND MARGARET SCHURR FOR
MINCO PRODUCTS, TO VACATE A 30 FOOT DRAINAGE AND UTILITY
EASEMENT. GENERALLY LOCATED AT 7321 COMMERCE LANE N.E.
(WARD 31:
Mr. Burns, City Manager, stated that this public hearing is
to consider the vacation of a 30 foot drainage and utility
easement.
SET PIIBLIC HEARING FOR VACATION REQIIEST, SAV #95-03, FOR
SEPTEMBER 11, 1995.
FRIDLEY CITY COUNCIL MEETING OF AIIGIIST 28, 1995 PAGE 4
7. EXTENSION OF A SPECIAL USE PERMIT, 5P #94-03, BY GORDON
HEDLUND TO ALLOW CONSTRUCTION IN THE FLOOD FRINGE DISTRICT,
GENERALLY LOCATED ON THE SOUTH SIDE OF BUFFALO STREET EAST OF
RIVERVIEW TERRACE;
AND
EXTENSION OF A SPECIAL USE PERMIT, SP #94-04, BY GORDON
HEDLUND TO ALLOW CONSTRUCTION IN THE FLOOD FRINGE DISTRICT,
GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF
BROAD AVENUE;
AND .
EXTENSION OF A SPECIAL USE PERMIT, SP #94-05, BY GORDON
HEDLUND TO ALLOW CONSTRUCTION IN THE FLOOD FRINGE DISTRICT,
GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET. WEST OF
BROAD AVENUE �WARD 3):
Mr. Burns, City Manager, stated Mr. Moe, nephew of the late
Gordon Hedlund, has requested a one-year extension on these
special use permits. He stated it is expected that the
builder, Janice Khan of Advanced Design, Inc., will acquire
the properties and construct a home on the Cheryl Street lot
this fall. He stated that the other two buildings are likely
to be constructed next year.
APPROVED A ONE YEAR E%TENSION OF SPECIAL USE PERMITS, SP
#94-03, SP #94-04, AND SP #94-05, WITH THE STIPULATIONS
PREVIOIISLY APPROVED, AND SIIBJECT TO COMPLIANCE WITH THE
REQIIIREMENTS OF THE ENGINEERING DEPARTMENT�S STIPIILATIONS ON
THE LAND ALTERATION PERMIT.
8. EXTENSION OF VARIANCE RE4UEST, VAR #94-18, BY TIMOTHY STRONG
FOR STRONG BUI'LT HOMES TO REDUCE THE FRONT YARD SETBACK FROM
35 FEET TO 20 FEET ON PROPERTIES GENERALLY LOCATED AT 1476 AND
1490 64TH AVENUE N.E. (WARD 2):
Mr. Burns, City Manager, stated that a one-year extension has
been requested on this variance which would allow construction
of two single story homes. He stated that construction is to
begin on one of the homes in early September, 1995.
APPROVED A ONE YEAR EBTENSION OF VARIANCE REQUEST, VAR #94-18.
9. APPROVE LICENSE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
ANOKA COUNTY FOR CENTRAL AVENUE BIKEWAY/WALKWAY PROJECT NO.
ST. 1994-9•
Mr. Burns, City Manager, stated that this agreement identifies
the City's responsibility for construction and operation of
the bikeway to be constructed on the west side of Old Central
from 69th Avenue south to Highway 65. He stated that the
agreement also establishes the City's responsibility for
removal or relocation of the bikeway if the road is widened
f�r some future County project.
�
a
�,
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28 1995 PAGE 5
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGIILAR AGENDA.
10. RESOLUTION NO. 50-1995 AUTHORIZING AGREEMENT WITH THE STATE
OF MINNESOTA FOR THE LOAN OF HAZARDOUS MATERIALS EMERGENCY
RESPONSE EQUIPMENT:
Mr. Burns, City Manager, stated that the Fridley Fire Depart-
ment has been identified as a Chemical Assessment Team by the
Minnesota Department of Public Safety and covers Anoka,
Isanti, Kannabec, and Chisago Counties. He stated that
Fridley deploys three firefighters to do the assessment, and
he expects to enter into a two-year contract with the State
of Minnesota in September. He stated that under the terms of
the agreement, the City gets $40,000 a year,from the State,
along with the equipment that is listed in the equipment loan
agreement. He stated that examples of this equipment are
monitoring and detection equipment, personal protective equip-
ment, a Chevrolet suburban, an equipment trailer, and a
library with reference documents and computer software. He
stated that there is no cost to the City for the equipment.
The costs for maintenance and storage will be billed to the
state.
ADOPTED RESOLUTION NO. 50-1995.
11. APPROVE ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY
AND SKYLINE VETERINARY HOSPITAL: .
12.
Mr. Burns, City Manger, stated that
is August 1, 1995 to July 31, 1996
an increase in the boarding fees i
day with fifty percent returned to
percent. He stated it is expe<
collected in impound fees over thi
half would be kept by Skyline. HE
to a 4.8 percent increase. He
the term of this contract
He stated that there is
rom $9 per day to $12 per
the City, rather than 100
ted that $1,450 will be
� contract period and one-
stated that this equates
stated that the contract
remains the same at $15,000 per year.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGIILAR AGENDA.
APPOINT FRIDLEY REPRESENTATIVE TO THE BOARD OF THE NORTH
SUBURBAN CONSUMER ADVOCATES FOR THE HANDICAPPED:
Mr. Burns, City Manger, stated that Roger Blohm has resigned
as Fridley representative to this Board, and their Executive
Director recommends the appointment of Jackie Wagner.
APPOINTED JACRIE NAGNER AS THE FRIDLEY REPRESENTATIVE TO TAE
BOARD OF THE NORTH SOBIIRBAN CONSIIMER ADVOCATES FOR THE
HANDICAPPED.
FRIDLEY CITY COUNCIL MEETING OF AIIGIIST 28, 1995 PAGE 6
13. CLAIMS•
APPROVED CLAIMS NO. 63629 THROIIGH 63890.
14. LICENSES•
APPROVED THE LICENSES AS SIIBMITTED AND AS ON FILE IN THE
LICENSE CLERR�S OFFICE.
15. ESTIMATES•
APPROVED THE ESTIMATES, AS FOLLOWS:
Dermco Construction Company
2837 Aldrich Avenue South
Minneapolis, MN 55408
Tennis & Basketball Court Color Coating
& Overlay Surfacing Project No. 284
FINAL ESTIMATE . . . . . . . . . . . . . . . $ 8 , 067 . 3 0 '
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 55433-5894
Services Rendered as City Attorney
for the Month of July, 1995. . . . . . . . . $ 3,492.00
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Manth of July, 1995 ....$10,203.75
Councilwoman Jorgenson requested that Items 1 and 11 be removed
from the consent agenda and placed on the regular agenda.
Councilman Billings requested that Item 9 be removed from the
consent agenda.
There were no comments form the audience regarding the consent
agenda items.
MOTION by Councilman Schneider to approve the consent agenda items,
with the exception of Items 1, 9, and 11. Seconded by Councilwoman
Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28, 1995 PAGE 7
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda with the addi-
tion of Items 1, 9, and 11 from the consent agenda. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
OLD BUSINESS•
16. VARIANCE REQUEST, VAR #95-16, BY ROBERT AND KAREN FOURNIER TO
REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET TO ALLOW
THE CONSTRUCTION O� A THREE SEASON PORCH, GENERALLY LOCATED
AT 8095 RIVERVIEW TERRACE N.E. (TABLED AUGUST 14, 1995)
�WARD 3):
Mayor Nee removed this item from the table. He stated that the
Appeals Commission has recommended denial of this variance.
Mr. Hickok, Planning Coordinator, stated that this is a request for
a variance to reduce the front yard setback from 35 feet to 25 feet
to allow the construction of a 10 foot by 14 foot three season
porch on the front of the home at 8095 Riverview Terrace.
Mr. Fournier, the petitioner, stated that they wish to construct
this three season porch to their home so that they would have a
view of the river.
Councilwoman Bolkcom stated that she has a problem with the addi-
tion to the front of the home because it is not a typical addition.
She stated that usually this type of addition is to the side or
rear of a home.
Mr. Fournier stated that it may be setting a precedent, but he felt
this addition to the home would look nice.
Councilman Schneider stated that he did not find any specific hard-
ship, which is the criteria for a variance.
Mr. Fournier stated that he retired last year. This addition would
allow him more light exposure, and he would be able to have a view
of the river.
MOTION by Councilwoman Bolkcom to deny Variance Request, VAR
#95-16. Seconded by Councilman Schneider. Upon a voice vote,
Councilwoman Bolkcom, Councilman Schneider, Councilwoman Jorgenson,
and Mayor Nee voted in favor of the motion. Councilman Billings
voted against the motion. Mayor Nee declared the motion carried
by a four to one vote.
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28, 1995 PAGE 8
1. ORDINANCE NO. 1055 UNDER SECTION 12.06 OF THE FRIDLEY CITY
CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND
AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT 5720 POLK
STREET N.E.L (WARD 2):
Councilwoman Jorgenson stated that a number of individuals have
inquired when this lot would be up for sale. She stated that she
understands this lot will be given to the Housing and Redevelopment
Authority and then sold. She inquired if signs have been construc-
ted for placement on the sites that have been declared surplus.
Ms. Dacy, Community Development Director, stated that the signs
have been completed and will be placed on the sites available for
sale.
Councilwoman Jorgenson stated that her concern was that the public
knew these sites were available for development.
MOTION by Councilman Schneider to waive the second reading and
adopt Ordinance No. 1055 on the second reading and order
publication. Seconded by Councilwoman Bolkcom.
Councilman Billings stated that when the south 35 feet of this lot
was sold, he believed an easement was retained and felt that an
easement should also be retained an this lot.
MOTION by Councilman Billings to amend Section 1, paragraph 2 of
this ordinance by changing and adding the following after Lot 3:
Replace the period with a comma and add: subject to an easement to
the City of Fridley along the easterly five feet. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
Councilman Billings stated that on the north property line of this
property there is a fence and asked if the property owner to the
north was contacted and notified that the fence is on the property
that is to be sold.
Mr. Hickok, Planning Coordinator, stated that staff discussed the
fence with the property owner to the north. The fence posts have
been moved and are no longer at the location shown on the survey.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
9. APPROVE LICENSE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
ANOKA COUNTY FOR CENTRAL AVENUE BIKEWAYIWALKWAY PROJECT NO.
ST. 1994-9-
Councilman Billings stated that as the plans are completed for this
bikeway/walkway the County may, at some future date, want to widen
Central Avenue. Iie stated he felt that in constructing this
�
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28 1995 PAGE 9
bikeway, the County should take into consideration the required
distance of ten feet from the curb line so if, in the future, this
road is widened, it would not be necessary to relocate the
bikeway/walkway. He stated he understands that, if possible, the
residents' plantings in the right-of-way will be preserved.
Councilman Schneider stated that there was a lot of controversy
over this particular bikeway, and every reasonable attempt should
be made to avoid removal of residents' shrubbery and landscaping.
MOTION by Councilman Schneider to approve the license agreement
between the City and Anoka County for the Central Avenue Bikeway/
Walkway, Project No. ST. 1994-9 and authorize the Mayor and City
Manager to execute same. Seconded by Councilman Billings. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
11. APPROVE ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY
AND SKYLINE VETERINARY HOSPITAL:
Councilwoman Jorgenson stated that with the rising prices of
boarding animals, she felt that a licensing fee for cats should be
considered if the City increased the licensing fee for dogs. She
stated that the license fees are not enough to cover the cost of
boarding stray animals. She stated that cats that are adopted
should be licensed the same as dogs.
Councilman Billings stated that there is a leash law for cats as
well as dogs. He felt that this is not adhered to and if there was
a license fee for cats, it would also probably be disregarded.
Councilwoman Jorgenson stated that her concern is to cover the
City's costs.
Councilman Schneider stated he did not believe that a license fee
of $2.50 for cats would cover any costs.
MOTION by Councilman Billings to approve the animal control
contract between the City and Skyline Veterinary Hospital and
authorize the appropriate officials to execute same. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
NEW BUSINESS'
17. VARIANCE REQUEST, VAR #95-20 BY FRANK KITTERMAN. TO REDUCE
THE SETBACK OF A SIGN FROM A PROPERTY LINE FROM 10 FEET TO
0 FEET IN ORDER TO ALLOW CONSTRUCTION OF A FREE-STANDING
SIGN GENERALLY LOCATED AT 6400 CENTRAL AVENUE N.E. (WARD 2):
Mr. Hickok, Planning Coordinator, stated that this is a request for
a variance to reduce the setback of a sign from a property line
FRIDLEY CITY COUNCIL MEETING OF AIIGUST 28, 1995 PAGE 10
from 10 feet to 0 feet. He stated that the Appeals Commission
recommended approval of a variance to reduce the sign setback from
10 feet to 4 feet, with a stipulation that the petitioner execute
and record against the property a hold harmless agreement indemni-
fying the City and the County from liability should repairs be
needed to the utilities below the sign location.
Mr. Hickok stated that staff reviewed five other alternatives that
would not require a variance; however, there are certain locations
that would be a hardship because of the trees. He stated that
staff recommends concurrence with the recommendation of the Appeals
Commission.
Mr. Kitterman, the petitioner, stated he believed that a four foot
variance would be satisfactory, and he would trim the trees for
better visibility. He stated that he does not feel that a hold
harmless agreement is needed, as he does not want to be held
responsible for replacing his sign if a contractor cannot stay away
from secured property. He stated that there will only be one
vertical post supporting the sign, and it seems that a contractor
working in the area should be able to support the sign.
Mr. Herrick, City Attorney, stated that he did not feel a hold
harmless agreement was necessary. He felt. that an agreement in
writing was necessary stating that if it becomes necessary to
excavate for the underground pipe and if the City Engineer or City
contractor determines it is necessary to move the sign, the City
would give reasonable notice to the property owner, and the
property owner would agree to remove the sign while the excavation
is taking place.
MOTION by Councilman Schneider to grant Variance Request, VAR
#95-20, to reduce the setback of a sign from a property line from
10 feet to 4 feet, with the stipulation that the property owner
enter into an agreement to be drafted by City staff to the effect
that the City would provide reasonable notice, except in the case
of an emergency, and the petitioner would remove the sign prior to
any excavation and replace the sign after excavation. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
5. REZONING RE4UEST AND VACATION REQUEST FOR KARL AND MARGARET
SCHURR FOR MINCO PRODUCTS: •
Ms. Dacy, Community Development Director, stated that Karl and
Margaret Schurr are in the audience. They wish to comment on their
plans and the reason for the rezoning request for which a public
hearing is scheduled for September 11.
Mr. Schurr stated that he wished to address Council about his
future expansion plans. He stated that the public hearing will be
held on the rezoning for Minco Plant #2. He stated that they have
FRIDLEY CITY COIINCIL MEETING OF AOGIIST 28, 1995 PAGE 11
another building planned, Minco #3, which is already in the proper
zoning of heavy industrial. He stated that the main reason for the
rezoning is to be able to construct the parking lot for the pro-
posed addition.
18. MOTION TO CONVEY FOUR CITY-OWNED LOTS TO THE FRIDLEY HOUSING
AND REDEVELOPMENT AUTHORITY:
Ms. Dacy, Community Development Director, stated it is recommended
that Council convey ownership of four lots to the Housing and Re-
development Authority. She stated that the first parcel is located
on Polk Street; the second parcel is in the Riverview Heights area
acquired by tax forfeit and the vacation of right-of-way; and the.
other two parcels are located in the Hyde Park area.
Mr. Herrick, City Attorney, stated that he has no problem with
conveying ownership of these lots to the Housing and Redevelopment
Authority, but he felt the legal description for Parcel 4 should
be more detailed.
Ms. Dacy stated that Council could approve the parcel descriptions,
as submitted in Exhibit A, but when the title is deeded, the de-
scription may have to be revised and be more detailed.
MOTION by Councilman Schneider to authorize conveyance of the
following lots, as described in Exhibit A, to the Housing and
Redevelopment Authority and authorize the Mayor and City Manager
to execute the necessary documents: Parcel 1: Lot 3, Block 2,
Sexter Addition, Anoka County, Minnesota, except the south 35 feet
of Lot 3, subject to an easement to the City of Fridley along the
easterly 5 feet of Lot 3; Parcel 2: Lot 26, Block C, Riverview
Heights, Anoka County, Minnesota, and that part of all of the
vacated Broad Avenue N.E., lying southerly of the westerly exten-
sion of the southerly line of said Lot 26, subject to an easement
to the City of Fridley for bikeway and walkway purposes; Parcel 3:
Lots 27 and 28, Block 12, Hyde Park; Parcel 4: Vacated egress road
from T.H. 47 lying over Lots 29 and 30, Block 12, Hyde Park.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
19. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, requested Council view a short video on
Clean-Up Week.
Mr. Burns reviewed the items to be discussed at the August 29
Conference Meeting.
Mr. Burns provided an update on the meeting with the County
representatives regarding the Rottlund development, as requested
by Councilman Billings. He stated that the meeting was attended
by Anoka County Commissioners McCarron and Kordiak, County Engineer
Jon Olson, Mayor Nee, Barb Dacy, John Flora, and himself.
FRIDLEY CITY COUNCIL MEETING OF AIIGIIST 28, 1995 PAGE 12
Mr. Burns stated that the issue of traffic counts on Mississippi
Street was discussed. He stated that the County Engineer, Mr.
Olson, disagrees with the projections presented by Rottlund's
traffic consultant, BRW, Inc. He feels that there will be less
traffic after the development than there was before the Rottlund
development.
Mr. Burns stated that alternatives were discussed including using
the existing intersection at Third and Mississippi Streets. He
stated that there was some resistance from the County Engineer, as
he would still like channelization. He stated that there was
discussion about widening Third Street to which the County Engineer
did not agree. He stated that channelization was discussed at the
existing Third Street location to avoid the cost of upgrading the
Holly Center ingress and egress which would result in a reduced
cost. He stated that there was discussion about whether or not the
County would be willing to participate in that cost. He stated
that there was not consensus among the County representatives.
They may consider participation, but the issue was not resolved.
Mr. Burns stated that one of his concerns is to stimulate the
developer's participation if the existing Third Street will be used
for access to Rottlund's development. He stated that there was
discussion if, in the future, channelization needs to be done how
it would be funded. He stated that the County felt it should be
a cost sharing responsibility, and the City felt the County should
be responsible.
Ms. Dacy stated that it was agreed the City would get back to the
County within the next ten days, and a potential request may be for
funding on the Third Street option. She stated that this would be
discussed in September with the County committees.
Mr. Burns suggested that perhaps contacts should be made with the
owners of Holly Center to review the benefits of stacking space and
to try and encourage their participation. He stated that he
believed it is important to talk to the developer about their
participation in any improvements, and it would pave the way of
returning to the County and seeking the County's participation.
Mayor Nee stated that the meeting began underscoring that this is
an exploratory discussion. He stated that, at this point`, further
discussion and research is needed. He stated that the County was
totally opposed to a four-way stop.
Councilwoman Bolkcom asked why the County was opposed to a four-
way stop.
Mr. Burns stated that the warrants for a four-way stop were harder
to meet than for signalization.
Councilwoman Bolkcom felt that the County's main concern is that
they would need to tear up Mississippi Street.
�
�
�
P
FRIDLEY CITY COITNCIL MEETING OF AUGUST 28, 1995 PAGE 13
Mayor Nee felt that the most promising route would be to use the
existing Third Street. He stated that Mr. Olson said if the exit
is expanded for several lanes, he would have to go through the
whole permit process and would recommend against it if it came
before the County committee. He stated that Commissioners McCarron
and Kordiak seemed to be in agreement. He stated that if, in the
future, the situation was indeed a hazard, the question would be
reopened and include some formal distribution of cost. He stated
that Mr. Olson was not in favor of this, but both Commissioners
were receptive.
Councilman Billings asked the status of the Rottlund development
and if they will be at the Council meeting on September 11.
Ms. Dacy stated that Rottlund plans to be at the September 11
Council meeting; however, the density issue needs to be resolved.
She stated that, in regard to the street issue, Rottlund has agreed
with Council's approach.
Councilman Billings stated that it seems the density issue is
really what may delay the plans rather than the roadway.
ADJOURNMENT•
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilwoman Bo].kcom. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of August 28, 1995 adjourned at
9:02 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
� �% Community Development Department
u PI.ANNING DIVISION
City of Fridley
DATE: September 7, 1995 �
TO: William Burns, City Manager A`1f
qr
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Second Reading of an Ordinance Recodifying the
Fridley City Code, Chapter 205, Entitlecl "Zoning",
by Amending Section 205.25.08.C, and Repealing
Section 205.24 and Adopting a New Section 205.24,
Creating Floodplain Regulations
The City Council approved the first reading of the proposed
ordinance at its August 28, 1995 meeting.
Staff recommends that the City Council approve the second reading
of the attached ordinance.
MM/dw
M-95-474
1.01
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 205, ENTITLED ��ZONING��, BY
AMENDING SECTION 205.25.8.0 BY REPEALING
SECTION 205.24 AND ADOPTING A NEW SECTION
205.24
The City Council of the City of Fridley does hereby ordain as
follows:
205.25.8.0 ADDITIONAL REQUIREMENTS FOR ALL STRUCTURES
(4) The following agencies shall be notified of all variance
requests to the above setback requirements: The Minnesota
Department of Natural Resources and Environmental Quality Board.
205.24 CREEK AND RIVER PRESERVATION DISTRICT REGULATIONS
1. PURPOSE
It is the purpose of this Ordinance to promote the public
health, safety, and general welfare and to minimize those
losses described in Section 205.24.02 by provisions
contained herein. In addition, the purpose of this district
is to:
A. Regulate and ensure orderly development of the City's
floodplain and fringe lands.
B. Preserve and protect the natural state of creeks and
rivers in the City.
C. Protect surface and ground water quality and quantity.
D. Minimize the losses due to periodic flooding and
eliminate obstructions of flood flow that would cause
hazards to life and property.
2. FINDINGS OF FACT
The flood hazard areas of the City, are subject to periodic
inundation which results in potential loss of life, loss of
property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health,
safety, and general welfare of the residents of the City.
1.02
3.
4.
LAND SUBJECT TO THIS DISTRICT
A. Establishment of Boundaries
The boundaries of the Creek and River Preservation District
are hereby established as shown on the official zoning map
of the City of Fridley. This boundary is made up of two (2)
protection zones (CRP-1, "Floodway", and CRP-2 "Flood
Fringe") which contain all lands within the jurisdiction of
the City which are subject to periodic flooding by a
regional flood and which lie below the regulatory flood
protection elevation on the Official Creek and River Profile
(hereinafter called the "Profile") contained within the
Flood Insurance Study prepared for the City of Fridley. It
also includes all the areas designated as unnumbered A zones
(CRP-3, "General Floodplain District") on the Flood
Insurance Rate Map for the City of Fridley. The Flood
Insurance Study for the City of Fridley prepared by the
Federal Insurance Administration dated September 2, 1980,
and the Flood boundary and Floodway Maps and Flood Insurance
Rate Maps therein are adopted by reference.
B. Location of Boundaries
The elevations as shown on the Profile and other available
technical data contained in the Flood Insurance Study shall
be the governing factor in locating creek and river
protection boundaries. The Official Zoning Map shall be on
file in the Office of the City Clerk and the Community
Development Department.
USES PERMITTED - FLOODWAY (CRP-1)
A. Principal Uses and Standards
(1) General farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry,
sod farming, and wild crop harvesting. _
(2) Industrial-commercial loading areas, parking
areas, and airport landing strips.
(3j Private and public golf courses
driving ranges, archery ranges,
boat launching ramps, swimming
wildlife and nature preserves,
hatcheries, shooting preserves,
trap and skeet ranges, hunting
and single or multiple purpose
trails.
2
1.03
, tennis courts,
picnic grounds,
areas, parks,
game farms, fish
target ranges,
and fishing areas,
recreational
(4) Residential lawns, gardens, parking areas, and
play areas.
(5) Standards:
(a) The use shall have a low flood damage
potential.
(b) The use shall be permissible in the
underlying zoning district if one exists.
(c) The use shall not obstruct flood flows or
increase flood elevations and shall not
involve structures, fill, obstructions,
excavations or storage of materials or
equipment.
B. Uses Permitted with a Special Use Permit and Standards
(1) Structures accessory to the uses listed in
205.24.04.(A) above and the uses listed in
205.24.04.(B). 2-8 below, subject to the
following standards:
(a) Accessory structures shall not be designed
for human habitation.
(b) Accessory structures, if permitted, shall be
constructed and placed on the building site
so as to offer the minimum obstruction to the
flow of flood waters.
1) Whenever possible, structures shall
be constructed with the
longitudinal axis parallel to the
direction of flood flow, and,
2) So far as practicable, str-uctures
shall be placed approximately on
the same flood flow lines as those
of adjoining structures.
(c) Accessory structures shall be elevated on
fill or structurally dry flood-proofed in
accordance with the FP-1 or FP-2 flood
proofing classifications in the State
Building Code. As an alternative, an
accessory structure may be flood proofed to
the FP-3 or FP-4 flood proofing
classification in the State Building Code
provided the accessory structure constitutes
3
�.Q4
a minimal investment, does not exceed 500
square feet in size, and for a detached
garage, the detached garage must be used
solely for parking of vehicles and limited
storage. All flood proofed accessory
structures must meet the following additional
standards, as appropriate:
1) The structure must be adequately
anchored to prevent flotation,
collapse or lateral movement of the
structure and shall be designed to
equalize hydrostatic flood forces
on exterior walls; and
2) Any mechanical and utility
equipment in a structure must be
elevated to or above the Regulatory
flood Protection Elevation or
properly flood proofed.
(2) Extraction and storage of sand, gravel, and other
materials.
(3) Marinas, boat rentals, docks, piers, wharves, and
water control structures.
(4) Railroads, streets, bridges, utility transmission
lines, and pipelines.
(5) Storage yards for equipment, machinery, or
materials, subject to the following standards:
(a) The storage or processing of materials that
are, in time of flooding, flammable,
explosive, or potentially injurious to hunaan,
animal, or plant life is prohibited.
(b) Storage of other materials or equipment may
be allowed if readily removable from the area
within the time available after a flood
warning and in accordance with a plan
approved by the City.
(6) Placement of fill, subject to the following
standards:
(a) Fill, dredge spoil and all other similar
materials deposited or stored in the flood
plain shall be protected from erosion by
vegetative cover, mulching, riprap or other
4
1.05
acceptable method.
(b) Dredge spoil sites and sand and gravel
operations shall not be allowed in the
floodway unless a long-term site development
plan is submitted which includes an
erosion/sedimentation prevention element to
the plan.
(c) As an alternative, and consistent with
subsection (b) immediately above, dredge
spoil disposal and sand and gravel operations
may allow temporary, on-site storage of fill
or other materials which would have caused an
increase to the stage of the 100 year or
regional flood but only after the City has
received an appropriate plan which assures
the removal of the materials from the
floodway based upon the flood warning time
available. The Special Use Permit must be
title registered with the property in the
Office of the County Recorder.
(7) Travel trailers and travel vehicles either on
individual lots of record or in existing or new
subdivisions or commercial or condominium type
campgrounds, subject to the exemptions and
provisions of Section 205.24.07.D.
(8) Structural works for flood control such as levees,
dikes and floodwalls constructed to any height
where the intent is to protect individual
structures and levees or dikes where the intent is
to protect agricultural crops for a frequency
flood event equal to or less than the 10-year
frequency flood event.
(9) Standards:
(a) No structure (temporary or permanent), fill
(including fill for roads and levees),
deposit, obstruction, storage of materials or
equipment, or other uses may be allowed as a
Special Use that will cause any increase in
the stage of the 100-year or regional flood
or cause an increase in flood damages in the
reach or reaches affected.
(b) Subject to the procedures and standards
contained in Section 205.24.10.D.
5
1.06
(c) The Special Use shall be pernaissible in the
underlying zoning district if one exists.
(d) Structural works for flood control that will
change the course, current or cross section
of protected wetlands or public waters shall
be subject to the provisions of Minnesota
Statute, Chapter 105. Community-wide
structural works for flood control intended
to remove areas from the regulatory flood
plain shall not be allowed in the floodway.
(e) A levee, dike or floodwall constructed in the
floodway shall not cause an increase to the
100-year or regional flood and the technical
analysis must assume equal conveyance or
storage loss on both sides of a stream.
5. USES PERMITTED - FLOOD FRINGE DISTRICT (CRP-2)
A. Principal Uses and Standards
Permitted Uses shall be those uses of land or structures
listed as Permitted Uses in the underlying zoning
district(s). If no pre-existing, underlying zoning
districts exist, then any residential or non-residential
structure or use of a structure or land shall be a Permitted
Use in the Flood Fringe provided such use does not
constitute a public nuisance. All Permitted Uses shall
comply with the following standards:
(1j All structures, including accessory structures,
must be elevated on iill so that the lowest floor
including basement floor is at or above the
Regulatory Flood Protection Elevation. The
finished fill elevation for structures shall be no
lower than one (1) foot below the Regulatory flood
Protection Elevation and the fill shall �xtend at
such elevation at least fifteen (15) feet beyond
the outside limits of the structure erected
thereon.
(2) As an alternative to elevation on fill, accessory
structures that constitute a minimal investment
and that do ne� exceed 500 square feet for the
outside dimension at ground level may be
internally flood proofed in accordance with
Section 205.24.04.B.(1).(c).
(3) The cumulative placement of fill where at any one
time in excess of one-thousand (1,000) cubic yards
6
1.07
of fill is located on the parcel shall be
allowable only as a Special Use, unless said fill
is specifically intended to elevate a structure in
accordance with Section 205.24.05.A.(1).
(4) The storage of any materials or equipment shall be
elevated on fill to the Regulatory Flood
Protection Elevation.
B. Uses Permitted with a Special Use Permit and Standards
Any structure that is not elevated on fill or flood proofed
in accordance with Section 205.24.05.A.(1,2) or any use of
land that does not comply with the standards in Section
205.24.05.A.(3,4). The use shall comply with the following
standards:
{1) Alternative elevation methods other than the use
of fill may be utilized to elevate a structure's
lowest floor above the Regulatory Flood Protectian
Elevation. These alternative methods may include
the use of stilts, pilings, parallel walls, etc.,
or above-grade, enclosed areas such as crawl
spaces or tuck under garages. The base of floor
of any enclosed area shall be considered above-
grade and not a structure's basement or lowest
floor if: a) the enclosed area is above-grade on
at least one side of the structure; b) it is
designed to internally flood and is constructed
with flood resistant materials; and c) it is used
solely for parking of vehicles, building access or
storage. The above-noted alternative elevation
methods are subje�t to the following additional
standards:
(a) The structure's design and as-�uilt
condition must be certified by a
registered professional enginee� or
architect as being in compliance with
the general design standards of the
State Building Code and, specifically,
that all electrical, heating,
ventilation, plumbing and air
conditioning equipment and other se�vice
facilities must be at or above the
Regulatory Flood Protection Elevation or
be designed to prevent flood water from
entering or accumulating within these
components during times of flooding.
(b) Above-grade fully enclosed areas such as
7
� � .
crawl spaces or tuck under garages must
be designed to internally flood and the
design plans must stipulate:
(1) The minimum area of openings in
the walls where internal flooding
is to be used as a flood proofing
technique. When openings are
placed in a structure's walls to
provide for entry of flood waters
to equalize pressures, the bottom
of all openings shall be no higher
than one-foot above grade.
Openings may be equipped with
screens, louvers, valves, or other
coverings or devices provided that
they permit the automatic entry and
exit of flood waters.
(2) That the enclosed area will be
designed of flood resistant
materials in accordance with the
FP-3 or FP-4 classifications in the
State Building Code and shall be
used solely for building access,
parking of vehicles or storage.
(2) Basements, as defined by Section 205.23.04.D,
shall be subject to the following standards:
(a) Residential basement construction shall not
be allowed below the Regulatory Flood
Protection Elevation.
(b) Non-residential basements may be allowed
below the Regulatory Flood Protection
Elevation provided the basement is
structurally dry flood proofed in accordance
with Section 3 below.
(3) All areas of non residential structures including
basements to be placed below the Regulatory Flood
Protection Elevation shall be flood proofed in
accordance with the structurally dry flood
proofing classifications in the State Building
Code. Structurally dry flood proofing must meet
the FP-1 or FP-2 flood proofing classification in
the State Building Code and this shall require
making the structure watertight with the walls
substantially impermeable to the passage of water
and with structural components having the
:
1.09
capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy.
Structures flood proofed to the FP-3 or FP-4
classification shall not be permitted.
(4) When at any one time more than 1,000 cubic yards
of fill or other similar material is located on a
parcel for such activities as on-site storage,
landscaping, sand and gravel operations,
landfills, roads, dredge spoil disposal or
construction of flood control works, an
erosion/sedimentation control plan must be
submitted unless the City is enforcing a state
approved shoreland management ordinance. In the
absence of a state approved shoreland ordinance,
the plan must clearly specify methods to be used
to stabilize the fill on site for a flood event at
a minimum of the 100-year or regional flood event.
The plan must be prepared and certified by a
registered professional engineer or other
qualified individual acceptable to the City. The
plan may incorporate alternative procedures for
removal of the material from the flood glain if
adequate flood warning time exists.
(5) Storage of materials and equipment subject to the
following standards:
(a) The storage or processing of materials that
are, in time of flooding, flammable,
explosive, or potentially injurious to human,
animal, or plant life is prohibited.
(b) Storage of other materials or equipment may
be allowed if readily removable from the area
within the time available after a flood
warning and in accordance with a plan
approved by the City. _
(c) The provisions of Section 205.24.05.0 of this
Ordinance shall also apply.
C. Additional Standards
(1) All new principal structures must have vehicular
access at or above an elevation more than two (2)
feet below the Regulatory Flood Protection
Elevation. If a variance to this requirement is
granted, the Board of Adjustment must specify
limitations on the period of use of occupancy of
the structure for times of flooding and only after
G�
1.10
determining that adequate flood warning time and
Iocal flood emergency response procedures exist.
(2) Commercial Uses - accessory land uses, such as
yards, railroad tracks, and parking lots may be at
elevations lower than the Regulatory Flood
Protection Elevation. However, a permit for such
facilities to be used by the e�ployees or the
general public shall not be granted in the absence
of a flood warning system that provides adequate
time for evacuation if the area would be inundated
to a depth greater than two feet or be subject to
flood velocities greater than four feet per second
upon occurrence of the regional flood.
(3) Manufacturing and Industrial Uses - measures shall
be taken to minimize interference with normal plan
operations especially along streams having
protracted flood durations. Certain accessory
land uses such as yards and parking lots may be at
lower elevations subject to requirements set out
in Section 205.24.05.C.(2) above. In considering
permit applications, due consideration shall be
given to needs of any industry whose business
requires that it be located in flood plain areas.
(4) Fill shall be properly compacted and the slopes
shall be properly protected by the use of riprap,
vegetative cover or other acceptable method. The
Federal Emergency Management Agency (FEMA) has
established criteria for removing the special
flood hazard area designation for certain
structures properly elevated on fill above the
100-year flood elevation - FEMA's requirements
incorporate specific fill compaction and side
slope protection standards for multi-structure or
multi-lot developments. These standards should be
investigated prior to the initiation of site
preparation if a change of special flood hazard
area designation will be requested.
(5) Flood plain developments shall not adversely
affect the hydraulic capacity of the channel and
adjoining flood plain of any tributary watercourse
or drainage system where a floodway or other
encroachment limit has not been specified on the
Official Zoning Map.
(6) Standards for travel trailers and travel vehicles
are contained in Section 205.24.07.
10
1.11
6.
(7) All manufactured homes must be securely anchored
to an adequately a anchored foundation system that
resists flotation, collapse and lateral movement.
Methods of anchoring may include, but are not to
be limited to, use of over-the-top or frame ties
to ground anchors. This requirement is in
addition to applicable state or local anchoring
requirements for resisting wind forces.
USES PERMITTED GENERAL FLOOD PLAIN DISTRICT (CRP-3j
A.
B.
Principal Uses and Standards
(1) The uses listed in Section 205.24.04.A shall be
permitted uses.
(2) All other uses shall be subject to the
floodway/flood fringe evaluation criteria pursuant
to Section 205.24.06.B below. Section 205.24.04
shall apply if the proposed use is in the Floodway
District and Section 205.24.05 shall apply if the
proposed use is in the Flood Fringe District.
Floodway and Flood Fringe Determinations Within the
General Flood Plain District.
(i) Upon receipt of an application for a Special Use
Permit for a use within the General Flood Plain
District, the applicant shall be required to
furnish such of the following information as is
deemed necessary by the Zoning Administrator for
the determination of the Regulatory Flood
Protection Elevation and whether the proposed use
is within the Floodway or Flood Fringe District.
(a) A typical valley cross-section showing the
channel of the stream, elevation of land
areas adjoining each side of the channel,
cross-sectional areas to be occupied by the
proposed development, and high water
information.
(b) Plan (surface view) showing elevations or
contours of the ground; pertinent structure,
fill, or storage elevations; size, location,
and spatial arrangement of all proposed and
existing structures on the site; locations
and elevations of streets; photographs
showing existing land uses and vegetation
upstream and downstream; and soil type.
11
1.12
(c) Profile showing the slope of the bottom of
the channel or flow line of the stream for at
least 500 fee in either direction from the
proposed development.
(2) The applicant shall be responsible to submit one
copy of the above information to a designated
engineer or other e}cpert person or agency for
technical assistance in determining whether the
proposed use is in the Floodway or Flood Fringe
District and to determine the Regulatory Flood
Protection Elevation. Procedures consistent with
Minnesota Regulations 1983, Parts 6120.5000 -
6120.6200 shall be followed in this expert
evaluation. The designated engineer or expert
technical evaluation methodology with the
respective Department of Natural Resources' Area
Hydrologist prior to commencing the analysis. The
designated engineer or expert shall:
(a) Estimate the peak discharge of the regional
flood.
(b) Calculate the water surface profile of the
regional flood based upon a hydraulic
analysis of the stream channel and overbank
areas.
(c) Compute the floodway necessary to convey or
store the regional flood without increasing
flood stages more than 0.5 foot. A lesser
stage increase than .5' shall be required if,
as a result of the additional state increase,
increased flood damages would result. An
equal degree of encroachment on both sides of
the stream within the reach shall be assumed
in computing floodway•boundaries.
(3) The Zoning Administrator shall present the
technical evaluation and findings of the
designated engineer or expert to the City. The
City must fornaally accept the technical evaluation
and the recommended Floodway and/or Flood Fringe
District boundary or deny the permit application.
The City, prior to official action, may submit the
application and all supporting data and analysis
to the Federal Emergency Management Agency, the
Department of Natural Resources or the Planning
Commission for review and comment. Once the
Floodway and Flood Fringe Boundaries have been
determined, the City shall refer the matter back
12
1.13
7.
to the Zoning Administrator who shall process the
permit application consistent with the applicable
provisions of Sections 205.24.04 and 205.24.05.
MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT
OF TRAVEL TRAILERS AND TRAVEL VEHICLES
A. New manufactured home parks and expansions to existing
manufactured home parks shall be subject to the
provisions placed on subdivisions by Section 205.24.09.
B. The placement of new or replacement manufactured homes
in existing manufactured home parks or on individual
lots of record that are located in flood plain
districts will be treated as a new structure and may be
placed only if elevated in compliance with Section
205.24.05. If vehicular road access for pre-existing
manufactured home parks is not provided in accordance
with Section 205.24.05.C, then replacement manufactured
homes will not be allowed until the property owner(s)
develops a flood warning emergency plan acceptable to
the City.
C. All manufactured homes must be
adequately anchored foundation
flotation, collapse and lateral
anchoring may include, but are
use of over-the-top or frame ti
This requirement is in addition
or local anchoring requirements
forces.
securely anchored to an
system that resists
movement. Methods of
not to be limited to,
es to ground anchors.
to the applicable state
for resisting wind
D. Travel trailers and travel vehicles that do not meet
the exemption criteria specified in Section 205.24.07.E
below shall be subject to the provisions of this
Ordinance as specifically spelled out in Sections
205.24.07.E.(2) and (3) below.
E. Exemptions
(1) Travel trailers and travel vehicles are exempt
from the provisions of this Ordinance if they are
placed in the following areas:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle
parks or campgrounds.
(c) Existing condominium type associations.
13
1.14
and they meet the following criteria:
(a) Have current licenses required for highway
use.
(b) Existing commercial recreational vehicle
parks or campgrounds.
(c) Existing condominium type associations.
and they meet the following criteria:
(a) Have current licenses required for highway
use.
(b) Are highway ready meaning on wheels or the
internal jacking system, are attached to the
site only by quick disconnect type utilities
commonly used in campgrounds and trailer
parks and the travel/trailer travel vehicle
has no permanent structural type additions
attached to it.
(c) The travel trailer or travel vehicle and
associated use must be permissible in any
pre-existing, underlying zoning district.
(2) Travel_trailers and travel vehicles exempted in
Section 205.24.07.E.(1) lose this exemption when
development occurs on the parcel exceeding $500
dollars for a structural addition to the travel
trailer/travel vehicle or an accessory structure
such as a garage or storage building. The travel
trailer/travel vehicle and all additions and
accessory structures will then be treated as a new
structure and shall be subject to the
elevation/flood proofing requirements and the use
of land restrictions specified in sections
205.24.04 and 205.24.05.
(3) New commercial travel trailer or travel vehicle
parks or campgrounds and new residential type
subdivisions and condominium associations and the
expansion of any existing similar use exceeding
five (5) units or dwelling sites shall be subject
to the following:
(a) Any new or replacement travel trailer or
travel vehicle will be allowed in the
Floodway or Flood Fringe Districts provided
said trailer or vehicle and its contents are
14
1.15
placed on fill above the Regulatory Flood
Protection Elevation and proper elevated road
access to the site exists in accordance with
Section 205.24.05.C. No fill placed in the
floodway to meet the requirements of this
Section shall increase flood stages of the
100-year or regional flood.
(b) AlI new or replacement travel trailers or
travel vehicles not meeting the criteria of
(a) above may, as an alternative, be allowed
as a Special Use if in accordance with the
following provisions and the provisions of
Section 205.24.10.(2).D. The applicant must
submit an emergency plan for safe evacuation
of all vehicles and people during the 100
year flood. Said plan shall be prepared by a
registered engineer or other qualified
individual and shall demonstrate that
adequate time and personnel exist to carry
out the evacuation. All attendant sewage and
water facilities for new or replacement
travel trailers or other recreational
vehicles must be protected or constructed so
as to not be impaired or contaminated during
times of flooding in accordance with Section
205.24.09.C.
9. SUBDIVISIONS
A. No land shall be subdivided which is unsuitable for the
reason of flooding, inadequate drainage, water supply
or sewage treatment facilities. All lots within the
flood plain districts shall contain a building site at
or above the Regulatory Flood Protection Elevation.
AII subdivisions shall have water and sewage treatment
facilities that comply with the provisions of this
Ordinance and have road access both to the subdivision
and to the individual building sites no lower than two
feet below the Regulatory flood Protection Elevation.
For all subdivisions in the flood plain, the Floodway
and Flood Fringe boundaries, the Regulatory Flood
Protection Elevation and the required elevation of all
access roads shall be clearly labelled on all required
subdivision drawings and platting documents.
B�. In the General Flood Plain District, applicants shall
provide the information required in Section 205.24.06.B
to determine the 100-year flood elevation, the floodway
and Flood Fringe District Boundaries and the Regulatory
Flood Protection Elevation for the subdivision site.
15
1.16
C. Removal of special Flood Hazard Area Designation:
The Federal Emergency Management Agency (FEMA) has
established criteria for removing the special flood
hazard area designation for certain structures properly
elevated on fill above the 100-year flood elevation.
FEMA's requirements incorporate specific fill
compaction and side slop protection standards for
multi-structure or multi-lot developments. These
standards should be investigated prior to the .
initiation of site preparation if a change of special
flood hazard area designation will be requested.
10. PUBLIC UTILITIES, ROADS AND BRIDGES
A. Public Utilities. All public utilities and
facilities such as gas, electrical, sewer, and water
supply systems to be located in the flood plain shall
be flood-proofed in accordance with the State Building
Code or elevated to above the Regulatory flood
Protection Elevation.
B. Public Transportation Facilities. Railroad tracks,
roads, and bridges to be located within the flood plain
shall comply with Sections 205.24.04 and 205.24.05 of
this Ordinance. Elevation to the Regulatory Flood
Protection Elevation shall be provided where failure or
interruption of these transportation facilities would
result in danger to the public health or safety or
where such facilities are essential to the orderly
functioning of the area. Minor or auxiliary roads or
railroads may be constructed at a lower elevation where
failure or interruption of transportation services
would not endanger the public heaZth or safety.
C. On-site Sewage Treatment and Water Supply Systems:
'Where public utilities are not provided: 1) On-site
water supply systems must be designed to minimize or
eliminate infiltration of flood waters into the
systems; and 2) New or replacement on-site sewage
treatment systems must be designed to minimize or
eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters and
they shall not be subject to impairment or
contamination during times of flooding. Any sewage
treatment system designed in accordance with the
State's current statewide standards for on-site sewage
treatment systems shall be determined to be in
compliance with the Section.
11. INTERPRETATION AND ADMINISTRATION
16
1.17
A. Interpretation
(1) In their interpretation and application, the
provisions of this Ordinance shall be held to be
the minimum requirements and shall be liberally
construed in favor of the City and shall not be
deemed a limitation or repeal of any other powers
granted by State Statutes.
(2) The boundaries of the zoning districts shall be
determined by scaling distances on the Official
Zoning Map. Where interpretation is needed as to
the exact location of the boundaries of the
district as shown on the Official Zoning Map, as
for example where there appears to be a conflict
between a mapped boundary and actual field
conditions and there is a formal appeal of the
decision of the Zoning Administrator, the Board of
Adjustment shall make the necessary
interpretation. Al1 decisions will be based on
elevations on the regional (100-year) flood
profile and other available technical data.
Persons contesting the location of the district
boundaries shall be given a reasonable opportunity
to present their case to the Board and to submit
technical evidence.
(3) It is not intended by this Ordinance to repeal,
abrogate, or impair any existing ease�ents,
covenants, or deed restrictions. However, where
this Ordinance imposes greater restrictions, the
provisions of this Ordinance shall prevail. All
other ordinances inconsistent with this Ordinance
are hereby repealed to the extent of the
inconsistency only.
(4) This Ordinance does not imply that areas outside
the flood plain districts or land uses permitted
within such districts will be free from flooding
or flood damages. This Ordinance shall not create
liability on the part of any officer or employee
thereof for the City for any flood damages that �
result from reliance on this Ordinance or any
administrative decision lawfully made thereunder.
(5) If any section, clause, provision, or portion of
this Ordinance is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the
remainder of this Ordinance shall not be affected
thereby.
17
1.18
B. Administration
(1) The Zoning Administrator or other official
designated by the City shall administer and
enforce this Ordinance. If the Zoning
Administrator finds a violation of the provisions
of this Ordinance, the Zoning Administrator shall
notify the person responsible for such violation
in accordance with the procedures stated in
Section 205.24.12.
(2) Permits Required:
(aj A Permit issued by the Zoning Administrator
in conformity with the provisions of this
Ordinance shall be secured prior to the
erection, addition, or alternation of any
building, structure, or portion thereof;
prior to the use of change of use of a
building, structure, or land; prior to the
change or extension of a nonconforming use;
and prior to the placement of fill,
excavation of materials, or the storage of
materials or equipment within the flood
plain.
(b) Application for a Permit shall be made in
duplicate to the Zoning Administrator on
forms furnished by the Zoning Administrator
and shall include the following where
applicable: plans in duplicate drawn to
scale, showing the nature, location,
dimensions and elevations of the lot;
existing or proposed structures, fill, or
storage of materials; and the location of the
foregoing in relation to the stream channel.
(�j Prior to granting a Permit or processing an
application for a Special Use Permit or
Variance, the Zoning Administrator shall
determine that the applicant has obtained all
necessary State and Federal Permits.
(d) It shall be unlawful to use, occupy, or
permit the use or occupancy of any building
or premises or part thereof hereafter
created, in its use of structure until a
Certificate of Zoning Compliance shall have
been issued by the Zoning Administrator
stating that the use of the building or land
conforms to the requirements of this
18
1.19
Ordinance.
(e) Permits, Special Use Permits, or Certificates
of Zoning Compliance issued on the basis of
approved plans and applications authorize
only the use, arrangement, and construction
set forth in such approved plans and
applications, and no other use, arrangement,
or construction. Any use, arrangement, or
construction at variance with that
authorized shall be deemed a violation of
this Ordinance, and punishable as provided by
Section 205.24.12.
(fj The applicant shall be required to submit
certification by a registered professional
engineer, registered architect, or registered
land surveyor that the finished fill and
building elevations were accomplished in
compliance with the provisions of this
ordinance. Flood-proofing measures shall be
certified by a registered professional
engineer or registered architect.
(g) The Zoning Administrator shall maintain a
record of the elevation of the lowest floor
(including basement) of all new structures
and alterations or additions to existing
structures in the flood plain. The Zoning
Administrator shall also maintain a record of
the elevation to which structures or
alterations and additions to structures are
flood-proofed.
C. Variances
(1) The Appeals Commission shall adopt rules for the
conduct of business and may exercise all of the
powers conferred on such Boards by State law.
(2) The Commission shall hear and decide appeals where
it is alleged there is error in any order,
requirement, decision, or determination made by an
administrative official in the enforcement or
administration of this Ordinance.
(3) The Commission may authorize upon appeal in
specific cases such relief or variance from the
terms of this Ordinance as will not be contrary to
the public interest and only for those
circumstances such as hardship, practical
19
1.20
difficulties or circumstances unique to the
property under consideration, as provided for in
the respective enabling legislation for planning
and zoning for cities or counties as appropriate.
In the granting of such variance, the Cammission
shall clearly identify in writing the specific
conditions that existed consistent with the
criteria specified in the respective enabling
legislation which justified the granting of the
variance. No Variance shall have the effect of
allowing in any district uses prohibited in that
district, permit a lower degree of flood
protection than the Regulatory flood Protection
Elevation for the particular area, or permit
standards lower than those required by State Law.
(4) Upon filing with the Appeals Commission of an
appeal from a decision of the Zoning
Administrator, the Commission shall comply with
Section 205.05.05 in processing all such requests.
The Commission shall submit by mail to the
Commissioner of Natural Resources a copy of the
application for proposed Variances sufficiently in
advance so that the commissioner will receive at
least ten days notice of the hearing.
(5) In passing upon an appeal, the Board may, so long
as such action is in conformity with the
provisions of this Ordinance, reverse or affirm,
wholly or in part, or modify the order,
requirement, decision or determination of the
Zoning Administrator or other public official. It
shall make its decision in writing setting forth
the finds of fact and the reasons for its
decisions. In granting a Variance, the Board may
prescribe appropriate conditions and safeguards
such as those specified in Section 205.24.10,
which are in conformity with the purposes_of this
Ordinance. Violations of such conditions and
safeguards, when made a part of the terms under
which the Variance is granted, shall be deemed a
violation of this Ordinance punishable under
Section 205.24012. A copy of all decisions
granting Variances shall be forwarded by mail to
the Commissioner of Natural Resources within ten
(10) days of such action.
(6) Appeals from any decision of the Board may be
made, and as specified in the City's Official
Controls and also Minnesota Statutes.
20
1.21
(7) The Zoning Administrator shall notify the
applicant for a variance that:
a) The issuance of a variance to construct a
structure below the base flood level will
result in increased premium rates for flood
insurance up to amounts as high as $25 for
$100 of insurance coverage and
b) Such construction below the 100-year or
regional flood level increases risks to life
and property. Such notification shail be
maintained with a record of all variance
actions. The City shall maintain a record of
all variance actions, including justification
for their issuance, and report of such
variances issued in its annual or biennial
report submitted to the Administrator of the
National Flood Insurance Program.
D. Special Use Permits
(1) The Planning Commission shall hear and decide
applications for Special Uses permissible under
this Ordinance. Applications shall be submitted
to the Zoning Administrator who shall forward the
application to the City Council for consideration.
(2) Upon filing with the Planning Commission an
application for a Special Use Permit, the Zoning
Administrator shall submit by mail to the
Commissioner of Natural Resources a copy of the
application for proposed Special Use sufficiently
in advance so that the Commissioner will receive
•at least ten days notice of the hearing.
(3) The Planning Commission shall comply with Section
205.04 regarding special use permits. In granting
a Special Use Permit, the Planning Commission
shall prescribe appropriate conditions and
safeguards, in addition to those specified in
Section 10.46, which are in conformity with the
purposes of this Ordinance. Violations of such
conditions and safeguards, when made a part of the
terms under which the Special Use Permit is
granted, shall be deemed a violation of this
Ordinance punishable under Section 205.24.i2. A
copy of all decisions granting Special Use Permits
shall be forwarded by mail to the Commissioner of
Natural Resources within ten (10) days of such
action.
21
1.22
(4) Procedures to be followed by the Planning
Commission:
(a) Require the applicant to furnish such of the
following information and additional
information as deemed necessary by the
Planning commission for determining the
suitability of particular site for the
proposed use:
1) Plans in triplicate drawn to scale
showing the nature, location,
dimensions, and elevation of the lot,
existing or proposed structures, fill,
storage of materials, flood-proofinq
measures, and the relationship of the
above to the location of the stream
channel.
2) Specifications for building construction
and materials, flood-proofing, filling,
dredging, grading, channel improvement,
storage of materials, water supply and
sanitary facilities.
(b) Transmit one copy of the information
described in subsection (2) to a designated
engineer or other e�ert person or agency for
technical assistance, where necessary, in
evaluating the proposed project in relation
to flood heights and velocities, the
seriousness of flood damage to the use, the
adequacy of the plans for protection, and
other technical matters.
(c) Based upon the technical evaluation of the
designated engineer or expert, the Planning
Commission shall determine the specific flood
hazard at the site and evaluate the
suitability of the proposed use in relation
to the flood hazard.
(5) In passing upon Special Use applications, the
Commission shall consider all relevant factors
specified in other sections of this Ordinance,
and:
(a) The danger to life and property due to
increased flood heights or velocities caused
by encroachments.
22
1.23
(b) The danger that materials may be swept unto
other lands or downstream to the injury of
others or they may block bridges, culverts or
other hydraulic structures.
(c) The proposed water supply and sanitation
systems and the ability of these systems to
prevent disease, contamination, and
unsanitary conditions.
(d) The susceptibility of the proposed facility
and its contents to flood damage and the
effect of such damage on the individual
owner.
(e) The important of the services provided by the
proposed facility to the City.
(f) The requirements of the facility for a
waterfront location.
(g) The availability of alternative locations not
subject to flooding for the proposed use.
(h) The compatibility of the proposed use with
existing development and development
anticipated in the foreseeable future.
(i) The relationship of the proposed use to the
comprehensive plan and flood plain management
program for the area.
(j) The safety of access to the property in times
of flood for ordinary and emergency vehicles.
(k) The expected heights, velocity, duration,
rate of rise, and sediment transport of the
flood waters expected at the site. -
(1) Such other factor which are relevant to the
purposes of this Ordinance.
(6) Upon the consideration of the factors listed above
and the purpose of this Ordinance, the Planning
Commission shall attach such conditions to the
granting of Special Use Permits as it deems
necessary to fulfill the purposes of this
Ordinance. Such conditions may include, but are
not limited to, the followinq:
(a) Modification of waste treatment and water
23
1.24
supply facilities.
(b) Limitations on period of use, occupancy, and
operation.
(c) Imposition of operational controls, sureties,
and deed restrictions.
(d) Requirements for construction of channel
modifications, compensatory storage, dikes,
levees, and other protective measures.
(e) Flood-proofing measures, in accordance with
the State Building Code and this Ordinance.
The applicant shall submit a plan or document
certified by a registered professional
engineer or architect that the flood-proofing
measures are consistent with the Regulatory
Flood Protection Elevation and associated
flood factors for the particular area.
12. NONCONFORMING USES
A. A structure or the use of a structure or premises which
was lawful before the passage of amendment of �his
Ordinance but which is not in conformity with the
provisions of this Ordinance may be continued subject
to the following conditions:
(1) No such use shall be expanded, changed, enlarged,
or altered in a way which increases its
nonconformity.
(2) Any alteration or addition to a nonconforming
structure or nonconforming use which would result
in increasing the flood damage potential of that
structure or use shall be protected to the
Regulatory Flood Protection Elevation in _
accordance with any of the elevation on fill or
flood proofing techniques (i.e., FP-1 thru FP-4
flood proofing classifications) allowable in the
State Building Code, except as further restricted
in Section 205.24.11.A.(3).
(3) The cost of any structural alterations or
additions to any nonconforming structure over the
life of the structure shall not exceed 50 percent
of the market value of the structure unless the
conditions of this Section are satisfied. The
cost of all structural alterations and additions
constructed since the adoption of the City's
24
1.25
initial flood plain controls must be calculated
into today�s current cost which will include all
costs such as construction materials and a
reasonable cost placed on all manpower or iabor.
If the current cost of all previous and proposed
alterations and additions exceeds 50 percent of
the current market value of the structure, then
the structure must meet the standards of Section
205.24.04 or 205.24.05 for new structures
depending upon whether the structure is in the
Floodway or Flood Fringe, respectively.
(4) If any of the nonconfonaing use is discontinued
for 12 consecutive months, any future use of the
building premises shall conform to this Ordinance.
The assessor shall notify the Zoning Administrator
in writing of instances of nonconforming uses
which have been discontinued for a period of 12
months.
(5) If any nonconforming use or structure is destroyed
by any means, including floods, to an extent of 50
percent or more of its market value at the time of
destruction, it shall not be reconstructed except
in conformity with t�e provisions of this
Ordinance. The applicable provisions for
establishing new uses or new structures in
Sections 205.24.04, 205.24.05 or 205.24.06 will
apply depending upon whether the use or structure
is in the Floodway, Flood Fringe or General Flood
Plain District, respectively.
13. PENALTIES FOR VIOLATION
A. Violation of the provisions of this Ordinance or
failure to comply with any of its requirements
(including violations of conditions and safeguards
established in connection with grants of Variances or
Special Usesj shall constitute a misdemeanor and shall
be punishable as defined by Law.
B. Nothing herein contained shall prevent the City from
taking such lawful action as is necessary to prevent or
remedy any violation. Such actions may include but are
not limited to:
(1) In responding to a suspected ordinance violation,
the Zoning Administrator and Local Government may
utilize the full array of enforcement actions
available to it including but not limited to
prosecution and fines, injunctions, after-the-fact
�
1.26
permits, orders for corrective measures or a
request to the National Flood Insurance Program
for a denial of flood insurance availability to
the guilty party. The City must act in good faith
to enforce these official controls and to correct
ordinance violations to the extent possible so as
not to jeopardize its availability in the National
Flood Insurance Program.
(2) When an ordinance violation is either discovered
by or brought to the attention of the Zoninq
Administrator, the Zoning Administrator shall
immediately investigate the situation and document
the nature and extent of the violation of the
official control. As soon as it is reasonably
possible, this information will be submitted to
the appropriate Department of Natural Resources�
and Federal Emergency Management Agency Regional
Office along with the City's plan of action to
correct the violation to the degree possible.
(3) The Zoning Administrator shall notify the
suspected party of the requirements of this
Ordinance and all other Official Controls and the
nature and extent of the suspected violation of
these controls. If the structure and/or use is
under construction or development, the Zoning
Administrator may order the construction or
development immediately halted until a proper
permit or approval is granted by the City. If the
construction or development is already completed,
then the Zoning Administrator may either (1) issue
an order identifying the corrective actions that
must be made within a specified time periad to
bring the use or structure into compliance with
the official controls, or (2) notify the
responsible party to apply for an after-the-fact
permit/development approval within a specified
period of time not to exceed 30 days.
(4) If the responsible party does not appropriately
respond to the Zoning Administrator within the
specified period of time, each additional day that
lapses shall constitute an additional violation of
this Ordinance and shall be prosecuted
accordingly. The Zoning Administrator shall also
upon the lapse of the specified response period
notify the landowner to restore the land to the
condition which existed prior to the violation of
this Ordinance.
26
1.27
15. AMENDMENTS
A. The flood plain designation on the Official Zoning Map
shall not be removed from flood plain areas unless it
can be shown that the designation is in error or that
the area has been filled to or above the elevation of
the regional flood and is contiguous to lands outside
the flood plain. Special exceptions to this rule may
be permitted by the Commission of Natural Resources if
he determines that, through other measures, lands are
adequately protected for the intended use.
B. Al1 amendments to this Ordinance, including amendments
to the Official Zoning Map, must be submitted to and
approved by the Commissioner of Natural Resources prior
to adoption. Changes in the Official Zoning Map must
meet the Federal Emergency Management Agency's (FEMA)
Technical Conditions and Criteria and must receive
prior FEMA approval before adoption. The Commissioner
of Natural Resources must be given 10 days written
notice of all hearings to consider an amendment to this
Ordinance and said notice shall include a draft of the
ordinance amendment or technical study under
consideration.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS � DAY OF , 1995.
ATTEST:
WILLIAM A. CHAMPA, CITY CLERK
WILLIAM J. NEE - MAYOR
Public Hearing: August 14, 1995
First Reading: August 28, 1995
Second Reading:
Publication:
27
1.28
TO: WILLIAM W. BURNS, CITY 11�NAGER� �I��
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
pAUL S. HANSEN, STAFF ACCOUNTANr
SUBJE�: RESOLUTION ADOPTING A"PROPOSED" BUDGET FOR THE
FISCAL YEAR 1996
DATE: August 29,1995
In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the
"proposed" 1996 Preliminary Draft Budget.
Chapter 275 requires the City to certify a"proposed" budget to the County Auditor prior
to September 15.
We request the City Council pass the attached resolurion and adopt the 1996 "Proposed"
Budget.
RDP/ph
Attachment
2.01
RESOLUTION NO. - 1995
A RESOLUTION ADOPTING A"PROPOSED" BUDGET
FOR THE FISCAL YEAR 1996
WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an
annual budget; and
WHEREAS, Chapter 275, Section 065 of Minnesota Statutes �equires that the City shalt adopt a
proposed budget before September 15; and
WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that such 'proposed" budget be
certfied to the County Auditor;
NOW THEREFORE, BE IT RESOLVED that the following 'proposed' budget be adopted and approved:
GENERAL FUND
Taxes and Special Assessments:
Current Ad Valorem
Delinq�rrt, Penalties,
Forteited
Special AssessmeMs
Licenses and Permits:
Licenses
Permits
Ir�tergovemmental:
Federal
State -
Homestead and Agriculture
C�edit Aid
Local Govemmerrt Aid
Aii Other
Charges for Services
HRA
Water Fund
SewerFund
Storm Water Fund
Liquor Fund
Cable N Fund
Construction Funds
Fines and Forfeiis
Interest on Investrnents
Miscellaneous Revenues
Other Financing Sources:
Sales of General Fixed Assets
Closed Debt Service Fund
Liquor Fund
TOTAL REVENUES AND OTHER
FINANCING SOURCES
Fund Balance:
General Fund Reserve
ESTIMATED
REVENUE
$3,70:i.641
75,344
2,530
152,1?2
382,827
30,116
1,024,834
1,625.082
473,847
271,632
237,609
148.575
143,154
79,575
56,850
21,653
55,640
203,573
425,000
84.211
13,456
134,843
75.000
9.421.114
337,012
TOTAL GENERAL FUND $9.758.126
2.�2
Legislative:
City Cow�cil
Planning Commissions
Other Commissions
City Managemerrt:
General Managemerrt
Personnel
L,egal
Finance:
Electiot�.s
Accourrting
Assessing
MIS
City Clerk/Records
Police:
Police
Civil Defense
FKe:
Fre
ReMal Housing tnspections
Public Wo�lcs:
Civic Cente�
Engineering
Lighting
Park Mair�tenance
Strcet Mairrtenance
Rec��tion:
Recreation
Naturalist
Community Devetopment:
Building Inspection
Planning
Reserve:
Emergency
NondepartrneMal:
APPROPRIATIONS
$95,183
3,518
6,961
311,137
47,454
252,700
23,216
543,006
117,203
159,140
109�523
3,173,037
9,850
703,707
93,917
189,961
441,347
192,900
652,096
1,121,417
569,519
210,229
222,646
334,208
100,000
74,251
59.758.126
SPECIAL REVENUE FUNDS
Cable TV Fund
Grarrt Management Fund
Solid Waste Abatemerrt Fund
Housing Revrtal'izaY�on Fund
Fund Balance
TOTAL SPECIAL REVENUE FUNDS
CAPITAL PROJECTS FUNDS
Capital Improvement Fund
Taxes – Current Ad Vabrem
Interest on Invesbner�ts
Donations
State Aid Const�uction
Fund Balance
$101,389
204,976
228,029
250,000
29,069
ss, s.ass
$85.550 General Capital �mprovement
271,036 Stree,�s Capital Improvement
10,000 Parks Capital Improvement
650,000
312,054
TOTAL CAPITAL PROJECTS FUNDS �1.328.640
AGENCY FUND
Six Cities Watershed Fund
Taxes – Currerrt Ad Valorem
TOTAL AGENCY FUND
TOTAL
$3.911
ss.s„
511.904.140
$116,606
208,674
238�183
250,000
sst s.ass
$63,000
933,540
332.100
s, .s2s.sao
$3.911
as.s�,
511.904.140
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
SEPTEMBER, 1995 —
ATTEST:
WI WAM A. CHAMPA - CITY CLERK
2.03
WIWAM J. NEE - MAYOR
TO: WILLIAM W. BURNS, CITY 11�NAGER �(��
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
PAUL S HANSEN, 5TAFF ACCOUNTANT
SUBJECT: RESOLUTION CERTIFYING "PROPOSED" TAX LEVY
REQUIREMENTS FOR 1996 TO THE COUNTY OF ANOKA
FOR COLLECTION
DATE: August 29, 1995
In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is a
resolution certifying "proposed" tax levy requirements to the Anoka County Auditor.
Chapter 275 requires the City to certify it's "proposed" tax levy requirements prior to
September 15.
The 1996 "proposed" tax levy of $3,897,629 represents a 6.2% increase over the 1995
certified levy. This is a result of a four percent increase in the property tax levy and a
four percent decrease in the Homestead and Agricultural Credit Aid.
We request the City Council pass the attached resolution to certify the "proposed" tax
levy requirements.
RDP/ph
Attachment
3.01
RESOLIITION NO. - 1995
A RESOLIITION CERTIFYING ��PROPOSED�• TAR LEVY
REQIIIREMENTS FOR 1996 TO THE COUNTY OF ANORA
WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the
City to certify it's "proposed" tax levy requirements to the County
Auditor;
NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to
the County Auditor of the County of Anoka, State of Minnesota, the
following "proposed" tax levy to be levied in 1995 for the year
1996.
GENERAL FUND
General Fund
CAPITAL PROJECT FUND
Capital Improvement Fund - Parks Division
AGENCY FUND
Six Cities Watershed Management Organization
TOTAL ALL FUNDS
$3,821,853
$ 72,689
$ 3,087
�,897,629
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF SEPTEMBER, 1995.
ATTEST:
WILLIAM J. NEE - MAYOR
WILLIAM A. CHAMPA - CITY CLERK
3,02
r �
�
J
DATE:
TO:
FROM:
SUBJECT:
Community Development Department
PLANI�TING DIVISION
City of Fridley
September 5, 1995
William Burns, City
Manager (,��
��
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Extension of Special Use Permit Request,
SP #94-10, by David and Patricia Younkin; 5401
Matterhorn Drive NE
On September 19, 1994, the City Council approved a special use
permit request, SP #94-10, to allow construction of a second
accessory building over 240 square feet. The petitioners have
not yet begun construction. Special use permits expire within
one year of approval if construction has not begun. The
petitioners have submitted a letter requesting a one year
extension to their special use permit from the City Council:
Staff recommends that the City Council approve a one year
extension of special use permit, SP #94-10.
MM/dw
M-95-473
4.01
5401 Matterhorn Drive
Fridley, Minn 55432
August 4, 1995
City of Fridley
Barbara Dacy
Community Development Director
6431 University Ave. N.E.
Fridley, Minn 55432
Dear Ms. Dacy,
We would like to request an extension of the time authorized for
construction of our special use permit to construct an accessory
building (garage) on our property.
This permit was granted on September 19, 1994 and we were given one
year to begin construction. It is still our intention to construct
this building; however, we find we are unable to begin the work
within the time frame allowed.
With an approved extension of one year, we fully expect to
construct and complete the accessory building, under the stipu-
lations provided.
Thank you for your consideration of this request.
Sincerely,
� � `Q �Z
� � ��� a
� .
4.02
_
_ _
C�� �F
FRI DLEY
�
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55�32 •(6121571-3450 • FAX (612)�571-1287
Augus# 7, 1995
David & Patricia Younkin
5401 Matterhorn Drive N.E.
Fridley, NiN 55432
Dear Mr. & Mrs. Younkin:
On September 19, 1994, the Fridley City Council approved a Special Use Pernut to allow
construction of a second accessory structure over 240 square feet to be constructed on your
property. This letter is to inform you that on September 19, 1995; your Special Use Permit will
expire due to lack of.construction. If you do not wish to have your Special Use Pernut expire,
please initiate construction or contact me in writing by August 28, 1995 regarding your need for
an extension. I will then schedule your extension before the City Council at the September 11,
1995 meeting.
If you have any questions regarding this issue, please feel free to contact me at 572-3593.
Sincerely,
Michele McPherson
Planning Assistant
�1� ��'1
C-95-192
cc: Deb Wolfe
4.03
\
_
CtTY OF
�Rf DLEY
FRIDLEY MUNlC1PAL CLNTER • 6431 UI�IVERSITY AVE. N_E_ FRIDLEY. MN 5i-1 �? •(612) 571-3450 • FAX t612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
September 22, 1994
David and Patricia Younkin ���.,�
5401 Matterhorn Drive N. E. $"�''qS� �s +'��"� �o+�af �
Fridley, MN 55432
Dear Mr. and Mrs. Younkin:
On September 19, 1994, the Fridley City Council officially
approved your request for a special use permit, SP #94-10, 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
Cfollowing stipulations:
l. The petitioner shall provide a hardsurface driveway by
September l, 1,995.
2. The structure shall be architecturally compatible with the
dwelling.
You have one year from the date of City Council action to
initiate construction. If you cannot begin construction in time,
you must submit a letter requesting an extension at least three
weeks prior'to the expiration date_
If you have any questions regarding the above action, please call
me at�-2-3590.
�nce�`ely ,
��i�
Barbara Dacy, AICP
Community Development ' ector
BD/dn
4.04
David and Patricia Younkin SUP
September 23, 1994
Page 2
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by October 7,
1994.
Concur with action taken.
4.05
�
�
�
� _
�
I
Community Development Department
PLAIVNING DPVISION
City of Fridley
DATE: September 1, 1995
TO: William W. Burns, City Manager �
�
FROM: Barbara Dacy, Community Development Director
Scott J. Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Extension of Special Use Permit Request, SP #94-12 and
Variance VAR #94-20, by Monte and Michele Maher; 7965
Riverview Terrace N.E.
On October 3, 1994, the Fridley City Council officially approved
the request for a special use permit, SP #94-12, to allow an
addition to a single family dwelling located in the flood fringe
district on Lots 16 - 21 with exceptions, Block W, Riverview
Heights, generally located at 7965 Riverview Terrace N.E. A
variance was also granted by the City to allow a reduced rear yard
setback of 30 feet, rather than the 40 feet required by Code. The
variance was within previously granted parameters and the Appeals
Commission unanimously approved the request. Consequently, the
City Council was not required to act on that request. The
petitioners have submitted a letter requesting a one year extension
to their variance [special use permit] from the City Council.
Staff recommends that the City Council approve a one year extension
oE special use permit, SP #94-12 and variance, VAR #94-20.
SH/sh
M-95-479
5.01
� �
, ��
. �j � �
�
� � � % sJ
� ,
��
/
,� i� . - i i 1 ii si� �—,,�-
�
_
_ <
- CITY OF
FRI DLEY -
FRIDLEY MUN[C[PAL CENTER • 6431 UNIVERSITY AVE. N.E. ERIDLEY, MN 55432 •(6l2) 571-3450 • FAX (612) 571-i287
August 7, 1995
Monte & Michele Maher -
7965 Riverview Terrace NE
Fridley, MN 55432
Dear Mr. & Mrs. Maher: � �
On October 3, 1994, the Fridley City Council approved a Special Use Pernvt to allow
construction of an addition to your single family home located in flood fringe district. This letter
is to inform you that on October 3, 1995, your Special Use Pernut will officially expire due to
lack of construction. If you do not wish your Special Use Permit to expire, please contact me in
writing by September 3, 1995 regarding your need for an e�ctension, or initiate construction via a
building pernut applica.tion. I will then schedule the extension for consideration by the City
Council at the September 1 l, 1995 meeting. _
If you have any questions regarding this issue, please feel free to contact me at 572-3593.
Sincerely,
Michele McPherson
Planning Assistant _ . -
NIlVI:da �
C-95-197
cc: Deb Wolfe
5.03
�z���� ���
�
_
��noF
FRl DLEY
FR[DLEY MUN[CIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 - FAX {612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
Monte and Michelle Maher
7965 Riverview Terrace N.E.
Fridley, MN 55432
Dear Mr. and Mrs. Maher:
October 7, 1994
S 2• 1 S— L���a�le.r�'
�
8 •�E�OIS Il.(o Ke� co.c,�9"'
On October 3, 1994, the Fridley City Council officially approved
your request for a special use permit, SP #94-12, to allow an
addition to a single family dwelling located in the flood fringe
district on Lots 16 - 21 with exceptions, Block W, Riverview
Heights, generally located at 7965 Riverview Terrace N.E. with
the following stipulations:
�1.y The petitioner shall submit an elevation certificate prior
� to the foundation being capped which shall verify that the
minimum first floor elevation is 824.00.
2. The petitioner shall submit a grading and drainage plan
prior to the issuance of a building permit.
3 The petitioner shall dedicate a 15 foot flood control and
street easement along the Riverview Terrace property line.
��.
(4�� The petitioner shall execute and record against the property
�y� a hold hariuless agreement indemnifying the City from
liability as a result of flood damage.
You have one year from the date of City Council action to
initiate construction. If you cannot begin construction in time,
you must submit a letter requesting an extension at least three
weeks prior to the expiration date.
5.04
Monte and Michelle Maher
October 7, 1994
Page 2
If you have any questions regarding the above action, please call
me at 572-3599.
Sin rely,
�:Z�
c t Hic k �
ning`Coordinator
SH:da
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by October 21,
1994.
, •
Concur with action taken.
�:
- .' sw.:._ , .
5.05
�,,
�
TO:
FROM:
DATE:
SUBJECT:
En9ineerinq
Sewer
Water
Parks
Streels
��tainfenance
William W. Bums, City Manager �i��
�� �
John G. Flora,�ublic Works Director
� Jon Wilczek, Assistant Public Works Director
September 11, 1995
Washington Street Water Main Repair Project No. 272
PW95-240
Bids were opened on Wednesday, August 31, 1995 for the Washington Street Water Main
Repair Project No. 272. The 1994 budget allotted $25,000 for this project. This project was
bid in 1994 with a low bid of $48,SOOt or $23,500 over budget. The City Council rejected
all the bids at their October 3, 1994 meeting.
Although it was felt that the bids were somewhat high, it was realized that $25,000 was
not enough to pay for the project. The $25,000 budgeted allotment was to have been
increased to $50,000 in the 1995 budget, but due to an inadvertent enor, was left at
$25,000.
Specifications and plans were sent to 10 planholders with five submitting bids. The low
bid was submitted by Penn Contracting, Inc. in the amount of $39,765. The cost for the
Well No. 3 project is currently $40,000 less than budgeted for 1995. We propose to transfer
$14,765 from the Well No. 3 project and still be within the 1995 Water Capital
Improvement budget amount.
Recommend City Council receive the bids and award the Washington Street Water Main
Repair Project No. 272 to Penn Contracting, Inc. In the amount of $39,765.
Jw/JGF:cz
Attachment
6.01
IV
� u •_
..�. �
BID FOR PROPOSALS
WASHINGTON STREET WATER MAIN REPAIR, PR.OJECT NO. 272
WEDNESDAY, AUGUST 31, 1995, 10:00 A.M.
>::.
,:::::>:;,
;:<.::> :.>::>::>::» ;: ::>:
>:::: ::;>;;: . .: ,
;. ::.:.
, ........... ::.
;:. P�.ANt�(��:Q�R ; ;�:>::::.: °:::::�[ABQ�1[�
;:..;> <:>.»:> C7 :l- > . ' �Q.. ���T...:::>::::
Penn Contracting Inc 5% Inland Ins $39,765
1697 Peltier Lake Dr
Centerville MN 55038-9773
Bonine Excavating Inc 5% Granite RF $48,546
12669 Meadowvale Rd
Elk River MN 55330
Volk Sewer & Water 5% United $60,564
8909 Bass Creek Court
Brookt n Park MN 55428
H&M Asphalt Company 5% US Fidelity $61,660
6701 Norris Lake Rd
Elk River MN 55330
Northdale Construction 5% Great $72,797
14450 Northdale Blvd America
Ro ers MN 53374
Blake Drilling Co Inc NO BtD
10604 Radisson Rd NE
Blaine MN 55449-5220
Davies Water Equipment Co. NO BID
4010 Lake Breeze Ave N
Minnea olis MN 55429
Driveway Design NO BID
4810 W Medecine Lake Dr
PI mouth MN 55442
Minnesota Pipe & Equipment - NO BID
P O Box 250
Farmin ton MN 55024
Waterpro NO BID
15801 W 78th St
Eden Prairie MN 55344-1894
6.�2
. - , - �
�; ,. ,_
` 7; � ��_. :L� ���E PROJECT LO�ATtON
I __"_. . .�_._ .i`! PI\�.
1
; � ���_� � � -
\\ PIV a1V
Y \ :� l'1 / 1 O � � .
7�.. 2 >—�
7 � _ - --� ' _ — _ �. � . ' ' _ " ' � _ _ _� � � _ _ � _ ' _� '
,0•• 71 S T AvE. ' .
, • .
�
�
� a• _ t
� �
.. - oi , . * n �
� �� - U ' �
IC .
� ,2- we��s �o. �oe�i REMOVE & REPLACE - `
sn O FILTRATION PCANT EXIST�VG WATERMAIN , �
9TH 6~ Il�c. KE. "
_ .'
� ,
� � � CREEK F)~
{�' ' ` - I�J _'_____—��
I �; N � ° � ' '.
J j �
� i m � W
� �� r
M
� �,Y, _ i�y oaVOORA ' 6
W .� Y e _ --�
W � W ' �
` W
U
� t U r !
� V � II ; "
.� � � � ; PROJECT� � � o�eRTO« 6"-- �`
� ,� ; �, I�IMITS
N e
_ � :", � p
,�e`` ,� T 6
b W
_ 1 ~r ~ .
~��• y W � - � " �
_ � � ' a' s � � r�„
� W , f N ' ~ .~
Z � � �4�
1 f� . / (
__�f �J � �. " i "
� b
. a �.; - ;, , ; _ ' _ �o
W / (� �= W
�r-� ♦ `'•\ sw ' PRO j .Z y -- �ir'-_ " r � :
� •. � c/k �� ��� - � / �o a �� ~ -. p_ _- . a .V
� •• N ((� `' • , W �M.-.�S W . � _ - 1. O
W � f � 6M
�•'� —> � �. �� � � � < « '�
' � � — - 6 �l N , ` 6 W – ---.. �-- • ( . ``.�
oT TH • AVENUE /
�� . � j NNVIMUM 7FT BURY DEPTH FOR fip ,—f
j � VIp1TERMAMi AND SERVICES �
�.. � (w L�• PIACi
j = SN
6TH . NU . N.E.
' S.• � � 6 6TH AVEfN1
� n . -
�4" 10" �IAiS�ifSS�PI STREET NE � c�ov¢R ---
� w��S:SS�Pj" � STREET ,
+ ap 6 4
� i - _ ' S� - _ _
� �' �� � � � 1 BFfINETT 6~ _ ORIVE W �,,
�r � � W
W
t. �.,, � r
. /� � �_ W � ' vl �
�N ■ F C
� F
W W � �
.� � „ W `'. - W V' I . 1 .
�
�
cmr oF
FRIDLEY
GAS SERVICES
Jakes Service Inc
1600 85 Avenue NE
Spring Lake Park MN 55432
River Side Mechanical LLC
1410 98 Ln NW
Coon Rapids MN 55433
��������
Jake Pyles
Kipp Knuteson
GENERA.L CONTRACTOR-COMMERCIAL
Holle Construction Co
1855 Melrose Ave S
St Louis Park MN 55425 Jef Holle
Wells R L Construction
Rt b Box 246
Mankato MN 56001
Randall Wells
GENERAL CONTRACTOR-RESIDENTIAL
Krabbenhoft Curtis Co (20012545)
10540 6 St NE
Blaine MN 55434 Curtis Krabbenhoft
Wm Woods Construction Co Inc (8737)
7728 Knollwood Dr
Mounds View MN 55112 William Woods
HEATING
Efficient Air Control
15411 Terrace Rd
Ham Lake MN 55304 William Sandager
River Side Mecha.nical LLC .
141098LnNW
Coon Rapids MN 55433 - . Kipp Knuteson
� 8.02
BOB ROACH
Acting Bldg Ofcl
Same
BOB ROACH
Acting Bldg Ofcl
Same
STATE OF MINN
Same
BOB ROACH _
Acting Bldg Ofcl
Same - _
PLUMBING
Plymouth Plumbing
6909 Winnetka Ave N
Brooklyn Park MN 55428 Cordell Johnston STATE OF MINN
Thielbar Plumbing Co Inc
2b599 Xingu Street NE
Stacy MN 55079 Scott Thielbar Same
8.03
U
�
�
Community Development Department
PL�NG D�SION
City of Fridley
DATE: September 7, 1995 �
TO: William Burns, City Manager �t�
LJ'
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Plantiing Assistant
SUBJECT: Public Hearing Regarding Rezoning Request, ZOA
#95-05, and Vacation Request, SAV #95-03, by Karl
Schurr of Minco Products, Generally Located at
7321 Commerce Lane NE
The Planning Commission conducted a public hearing regarding the
rezoning and vacation requests by Minco at its August 16, 1995
meeting. The Planning Commission unanimously recommended that
the City Council approve both requests. There are no outstandinq
concerns regarding the rezoning request; however, the City will
need to process a minor amendment to the Comprehensive Plan, as-`
the land use plan designates the parcels to be commercial.
Located within the easement area to be vacated is an 8 inch
sanitary sewer line. A condition of the vacation request is that
the petitioner relocate the sanitary sewer line to provide
services to the-vacant Hanna Magic Car Wash and the self-serviae
car wash located a� the corner of 73rd and University Avenues.
Staff is currently working with the petitioner to design an
appropriate relocated sanitary sewer line. The petitioner�s
first proposal was unacceptable to the City due to the minimal
grades on the proposed lines. The petitioner is comYaitted to
relocating the sewer line as required by the City.
Staff recommends that the City Council conduct the public
hearing. Staff also recommends that the first reading of the
ordinances be scheduled for October 2, 1995 to provide adequate
time for staff and the petitioner to cooperatively reach a
solution regarding the sanitary sewer line.
NII�I/dw
M-95-478
10�0�1
DFSCRIPT ION OF REQUESI:
The petitioner requests that Lots 16, 17, and 18, Blodc 2, Commeroe Park Addition be rezoned from G2, General
Business to M-1, Light IndusiriaL The petitioner aLso requests that the 30 foot ut�lity easement lying along the north-
south lot lines of Lots 16, 17, 20, and 21, BI«�c 2, Commeroe Park Addition and over the east-west lot lines of Lots
17, 18, 19, and 20, Block 2, Commeroe Park Addition be vacated (see attached map). The purpose of the requests
is to fac�litate long term plannmg for the business awned by the petitioner, Minco; 7300 and 7321 Commerce Iane.
SUMMARY OF ISSIJES•
Rezoning Request t
The rewning request meets the three criteria used to evaluate all rewning requests:
► The proposed use is oompatible with the proposed wnmg distrid.
► The proposed distrid i� compatsble with the surrounding uses and zoning.
► The proposed use meets the requirements of the proposed distrid.
Vacation Request
The petitioner will be required to relocate an 8 inch sanitary seuver line to provide service to two other busmesses.
A new uUlity easement w�71 need to be dedicated over the relocated line.
RECONIlITENDED ACTIONS•
Rezoning Reques�
Staff reo�mmends that the City Counc7 approve the rewnmg request with the follawing stipulations:
1. A minor amendment to the Cit3is Comprehensive Plan shall be approved prior to the issuance of a bu�ding
Pemut•
2. The petitioner shall comply with the oomments in Jon W�lczek's memo dated August 10, 1995 prior to the
issuance of a bu�lding pemut.
3. The petitioner shall submit a landscape plan oomplying with the requirements of the M-1, Laght Industrial Districz
prior to the issuance of a bu�lding pernu�
Vacation Reques�
Staff recommends that the City Counc� approve the vacation request with the follawing stipulations:
1. The petitioner shall maintain sanitary sewer serviae to the businesses located at the �rner of 73rd and University
Avenues.
2 The petitioner shall dedicate a 30 foot ut�7ity easement over the relocated sewer line. ,
10.02
ZOA #95-OS and SAV #95-03
Karl Schun
Page 2
PROJECT DETAILS
Petition For: Rezoning to M-1, Light Industrial and Vacation of utt�ity easement
Location �
of Propertyt 7321 Commerce Lane
Legal Description
of Property: Lots 16-21, Block 2, Commerce Park Addition
Siz� 236,100 sq. ft. {5.4 acres)
Topography: Flat
Existing
Vegetation: Grass, some minor scrub trees
Existing .
Zoning/Platting. Commerce Park, platted 1955
Availability
of Municipal
Utilitie� Connec�ed
Vehicular
Access Commerce Lane, 73rd Avenue, West University Avenue Seivice Drive
Pede.strian
Acoess: West University Avenue B�ceway/Walkway (under construction)
Ertgineering
Issues: Re-routing of sanitary sewer line, stormwater drainage
Site Planning
Issue�
Z
10.03
0
ZOA #95-OS and SAV #95-03
Karl Schurr
Page 3
DEVELOPMENT SITE
Company History
Minco was incorporated in 1956 as an engineering Srm designing and building precision
electromechanical devices. The company was located in Minneapolis. In 1968, Minco construct�d its
first facility in Fridley, located at 7300 Commerce Lane (Plant 1). Additions to this facility occurred
in 1975, 1984, and 1985. In 1972, Minco purchased the bu�ding at 7321 Commerce Lane, now lmown
as Plant 2. This building was built in 1968 by another company. Minco contains three divisions, each
producing their own product lines: temperature sensors and temperature instruments, heaters and
heater assemblies, and flex circuits. Minco has been planning Plant 3, proposed to be located south
of Plant 1 for the last year (see attached map for plant locations).
The purpose of the rezoning and vacation requests is to allow master planning for bu�ding additions
to Plant 2 to occur. Minco owns the properiy to the south and east of Plant 2(see map).
Rezoning Request
The property owned by Minco is comprised of Lots 16-21, Block 2, Commerce Park Addition. Plant
2 is located on Lot 20. Lots 19-21 are zoned M-1, Light Industrial. Lots 16-18, located east of Plant
2, are zoned G2, General Business. These lots are proposed to be rezoned to M-1, Light Industriai.
Minco proposes to expand Plant 2 to the east if the rezoning request is approved.
Evaluation of Rezoning Criteria
Compatibility of the Proposed Ilse with the Propared District
The proposed use is for manufacturing and office purpo5es. Manufacturing and office are permitted
uses in the M-1, Light Industrial District The use, therefore, is compatible with the proposed distric�.
Compatibility of the Proposed District with Adjacent Uses and Zoning
The proposed district, M-1, Iight Industrial, is compatible with the adjacent uses and zoning. It is a
continuation of the e�sting zoning. The parcels to the west are zoned M-1, Light Industrial, with
Minco Plant 2 located there. The parcels to the north are "split" zoned. The north-south lot lines
separate the Light Industrial District from the General Business District (see attached map). There is
a manufacturing use located on the industrial zoning and a three story office building on the
commercial zoning.
Parcels to the south across 73rd Avenue are zoned M-1, Light Industrial. A multi-tenant industrial
building with a variety of uses is located on the parcel. Located on the comer of 73rd and University
Avenues is the vacant Hanna Magic Caiwash (now tax forfeit), and a four stall self-serve can�vash.
Both of these parcels are zoned G2, General Business District.
3
10.04
ZOA #95-OS and SAV #95-03
Karl Schurr
Page 4
The petitioner has submitted preliminary concept plans for the proposed expansion to Plant 2. While
an expansion to an existing manufacturing bu�ding, the proposed footprint indicates a commercial feel
to the design. The southeast wall of the structure is cuived to follow the right of way line of the
West University Avenue Seivice Road. Careful aitention to detail on the facade will promote a
commercial feel to the industrial building, increasing its compatibility with the office building to the
north.
The 1990 land use plan designates the land use as commercial. A minor amendment to the Cit}�s
comprehensive plan is required. This amendment will need to be approved by the Metropolitan
Council.
**Stipulation** A minor amendment to the City's Comprehensive Ptan shall 6e apprnved prioc to
the issuance of a buitding permi�
Compliance of the Proposed Use with the Propased Dist�ict Requirements
Setbacks
The preliminary site pian meets the setback requirements of the proposed distric.t. No
variances are required or are being requested. Parking w�l be provided along 73rd Avenue
between Commerce Lane and the West University Avenue Seivice Road. This parking area
will contain 167 parking spaces. Based on the proposed use of the bwlding, 257 total patl�ng
spaces are required. An additional 61 spaces e�st north of the existing Plant 2. Another 31
spaces are proposed norkh of the proposed expansion area. The total bu�ding co�verage is 26%,
well below the 40% permitted by code.
Drainage
The petitioner has indicated a large detention pond on the north part of Lot 21. This pond
has been designed to handle the stormwater from the proposed expansion and its parking azeas.
Jon Wilczek, Assistant Public Works Director, has reviewed the drainage plan and calculations,
and his comments are attached.
**Stipulation**
Landscaping
The petitioner shall comply with the comments in Jon Wilczek's memo dated
August 10, 1995 prior to the issuance of a building permit
The petitioner has not submitted a landscape plan at this time. The petitioner will be required
to comply with the landscape requirements of the M-1, Light Industrial Distrid.
**Stipulation** The petitioner shall submit a landscape plan complying with the requirements of
the M-1, Light Industrial District prior to the issuance of a building permit
4
10.05
ZOA #95-OS and SAV #95-03
Karl Schurr
Page 5
Vacation Request
A thirly foot utility easement is located over the common property lines between the subject lots.
The petitioner is requesting that this easement be vacated in order to allaw expansion of the bu�ding.
An 8 inch sanitary sewer line seivicing the Hanna Magic and Self-Serve Carwash is located within this
easement The petitioner is propc��ing to relocate this sewer line to the east to provide sen+ice to
the other properties. The petitioner will be required to dedicate a new easement over the relocated
sewer line. No other utilities aze located within this easement
**Stipulation** The petitioner shall maintain sanitary sewer service to the businesse.s located at
the corner of 73rd and University Avenues, during and at%r relocation of the
sewer lines»
**Stipulation** liie petitioner shall dedicate a 30 foot utility easem�t over the relocated sewer
line.
RECOMMENDATION:
Rezoning reques� Staff recommends that the Planning Commission reoommend approval of the
rezoning request to the City Counc� with the following stipulations:
1.
�
3.
A minor amendment to the Qit�s comprehensive plan shall be appraved prior to the issuance
of a bu�ding permit
The petitioner shall comply with the comment� in Jon Wilczek's memo dated August 10, 1995
prior to the issuance of a bu�ding permit
The petitioner shall submit a landscape plan complying with the requirements of the M-1, Light
Industrial District prior to the issuance of a bu�ding permit
Vacation request: Staff recommends that the Planning Commission reoommend approval of the
vacation request to the City Council with the following stipulations:
1.
2.
The petitioner shall maintain sanitary sewer seivice to the businesses located at the comer of
73rd and University Avenues, during and after relocation of the sewer lines.
The petitioner shall dedicate a 30 foot utility easement over the relocated sewer line.
AD.TACENT STI'ES
WF.ST:
SOUI'H:
Industrial
Zoning:
Zoning:
M 2, Heavy Industrial
M-1, Light Industrial
S
10,06
Land Use: Industrial
Land Use: Mixed
ZOA #95-05 and SAV #95-03
Karl Schurr
Page 6
EAS'I':
NORTH:
Comprehensive
Planning Issues:
Public Hearing
Comment�
Zoning: G2, General Business
Zoning: M-1, Light Industrial
Zoning: G2, General Business
b
10.0?
Land Use: Carwashes
Land Use: Industrial
Land Use: Office
ZOA ��95-05 and SAV ��95-03
Karl Schurr
PL
N
10.08
4 � ,: .... .... _.... . , .. ... ._ ........ ...................... ... ..
TO:
FROM:
DATE:
SUBJECT:
Engineering
Sewer
Water
Parks
Sireets
Malntenance
Michele McPherson, Planning Assistant
`"''Jon Wilczek, Asst Public Works D'uector
August 10, 1995
PW95-211
Drainage Grading and Utility Review for the Minco Products Plant No.
2 Addition
Stipulations for approval:
(1) A Storm Pond Maintenance Agreement will need to be recorded with the
property
(2) A Hold Harmless Agreement will be necessary for any improvements on
sewer easements
(3) Install silt fencing at the toe of all exposed slopes
(4) Proposed contr�ol structure for the pond being constructed in Phase 1 is not
acceptable. The control orifice plate for controlling flow will have to be
inside the manhole over the 12 inch outlet pipe where it is inaccessible or
the catch basin casting will need to be bolted down. Prefer a steel plate to
an aluminum plate. The present configuration makes it too easy for the
orifice plate to be removed by anyone. Maintaining the outlet structure will
be part of the pond agreement.
(5) Before Phase 2 is started, plans will have to be provided for rerouting of the
sanitary sewer. Also under Phase 2 a Pond Agreement would be needed for
the �future pond The future pond would have to comply with all
regulations that would be in place at the time of Phase 2 construction.
JW:cz
�
10.09 � ^ �
.:. ::�
; :. ._ .:: < �
� 5.,:.<: - . ..;. ::'. .:> <:,R�
� � _ �������.y��:�►.��
- - � -.-.-.----- - - - -----...
��O���i` i�i O��-�� �i
�� �%%i+; . ����� �� . ■
I
. _ 1 �i i��� '. ��� i��� �,II�
M� I ��'�� ` '�''i�i! � V �
•• •��� /
- - ■ %�� �S : ���0���! w
■` `���Q=t ��0����� � �'
- ■ •i��� ' •���� .�S
■ !Oi�i1 ♦ �• 0��00� �
��`��i���� i :'�'��� ��i��
�atJ.•0:..❖.•.�.❖. fa
. � �•••••••• ••••♦_ �