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01/08/1996 - 4843�� FRIDLEY CITY COIINCIL MEETING unoF F�� ATTENDENCE SHEET Manday, Janucvcy k, 1996 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN __ � ,�'Q�j� ITEM ?RINT NAME (CLEARLY) ADDRESS NUMBER " IC� �+��L�'� i{`�,� tr . 1-3 � l�,,`.i,%'i�"�t,� �, , 1 �� 1 i�i , .-- , � . , ��.. �c�°c= /��✓�A�c/E� j/S Lc�r�✓ /�.eu� /j/�- _ ,� „ ,� � /� vn �_<, r�� 1�� Ldc��..,, ��- � � . � � � :, ) � . ?.'-;� � � G �� u-,.� f'/C� ' /C,�� r. �%t , i ,�- �; � '�1.�/}'L - ' , �� j ' �r i� , � r � �,; — . =c�-�� r l .: y �c c}i1t z j/ l� �,�'� .=� � ' j c - � ,Z + `� , 4C. � ,� � �' �'`� �2 cr,�� . �T � j�'�s /r�� . �o . o _, . � � . . • . � . � 'r�� -� - c;Y��I �:c �C� y7 ��-5� �.' . � � �zzc � � — . e� .. �� . � r�� ch�,�'� �. � l � � 3s� .�. , , -}- _ �' ��G � ,� �SG� � �� I �-� � 1�` ' � �� J �� ' _ � u1�c ` S� rt � � � ,�j � L�� i� t? r vt;'t� l 1' J �C�G; ��'� �' (�'� Z �� %5=3� �r,��. �� F-��.=�--� �1 G�� ..,��; �� , l�%�.� gs �:. �v� ��, �-- 1/ y� ��: -- �t� � � Y..2 iQ_ � �� S� � �l: �,� s l / V., --- t. r.�:}- � '� G C C � ,t��'� ��1 rF .�- Q + , . �� .� ` `/Y1 c �` e , .. _., ,� - �7/ 3i �G� �a.� �(�,, . � �� -,r /�Q -,..✓ C�c'-�--c_.� r � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JANUARY 8,1996 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 acrivities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) � PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Council Meeting of December 11, 1995 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #95-04, by Gary Hedman) (Ward 3) . . . . . . . . . . . ......... 1.01 -1.02 Second Reading of an Ordinance Under Section 12.07 of the City Charter to � Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #95-05, by Industrial Equities) (Ward 1) . . . . . . . . . . . . . . . . . . 2.01 - 2.03 FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED� Page 2 Establish Public Hearings for Rezoning Request, ZOA #95-01, i . Plat Request, P.S. #95-01, and � Vacation Request, SAV #95-02, ';; by Rottlund Company, Inc. (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.02 � NEW BUSINESS: First Reading of an Ordinance Establishing a New Chapter of th� , City Code of the City of Fridley, ' � Chapter 221, Entitled "Stonybrook Creek Storm Water Improvement' District" . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . 4.01 - 4.04 Receive the Minutes of the Planning Commission Meeting of December 20, 1995 .................... ............... 5.01-5.09 � Special Use Permit Request, � SP #95-10, by BWBR Architects,�. Inc., for Unity Hospital, to Allow � Expansion of a Hospital in a R-1,' Single Family Dwelling District, ` � Generally Located at 550 Osborne . Road N.E. (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.09 n FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 1996 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Variance Request, VAR #95-35, by Gary Velishek, to Reduce the Side Yard Setback of a Deck from 5 Feet to 1 Foot to Allow the Construction of a Deck, Generally Located at 8112 Fairmont Circle N.E. (Ward 3) . . . . . . . . . . . . . . . . . 7.01 - 7.09 Resolution Designating Official Depositories for the City of Fridley . . . . . . . . . . . . . . 8.01 - 8.03 Resolution Designating an Official Newspaper for the Year 1996 . . . . . . . . . . . . . . . . . 9.01 - 9.02 Resolution Imposing Load Limits on Public Streets and Highways in the City of Fridley, Minnesota . . . . . : . . . . . . . . . 10.01 - 10.05 Resolution Designating Director and Alternate Director to Suburban Rate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.02 FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 1996 Page 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Appointment: City Employee .� . . . . . . . . . . . . . . 12.01 i Ciaims ................... ............... 13.01 ; ; Licenses ................ ............... 14.01-14.03 . Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) i t OLD BUSINESS: Resolution Authorizing the Transfer of up to $190,000 from the Closed �Bond ' '; Fund to the Solid Waste Abatement Fund (Tabled December 11, 1995) . . . . . . . .� . . . . . . . . . . 16.01 - 16.03 FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 1996 OLD BUSINESS (CONTINUEDI Variance Request, VAR #95-31, by Anthony and Joyce Swanson, to Reduce the Side Yard Setback from a Street Right-of-Way from 17.5 Feet to .5 Feet, to Allow Reconstruction of a Garage, Generally Located at 6601 Lucia Lane N. E. (Ward 2) (Tabled Page 5 � � November 27, 1995) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.16 Variance Request, VAR #95-34, by Erickson Oil Products, Inc., to Increase the Maximum Size of a Free-Standing Sign from 80 Square Feet to 126 Square Feet; Generally Located at 7600 University Avenue N.E. (Ward 3) (Tabled December 11, 1995) . . . . . . . NEW BUSINESS: Variance Request, VAR #95-36, by Dealers Manufacturing Co., to Reduce the Side Yard Setback from 20 Feet to 2.9 Feet to Allow the Construction of an 83' x 88' Addition to the Rear of an Existing Industrial Building, Generally Located at 5130 Main Street N.E. (Ward 3) .............. 18.01 -18.16 ................................... 19.01 - 19.07 ,s � FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 1996 Page 6 NEW BUSINESS (CONTINUED): 1996 City Council Appointments to Various Agencies; ,. and . �ist of Commission Members Whose Terms Expire April 1 and June 9, 1996 . . . . . . . . . . . . . . . 20.01 - 20.03 � Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.01 ADJOURN: � � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 1996 v�,,� 4.�.�.�� oF �� The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon reqiaest, accommodation 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 disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: Receive the Minutes of the Planning """�_'� '� " Commission Meetin of December 20, City Council Meeting of December 11, 1995 �� sf �,�. g �� ` � � ` � 1995 . . . f, �_e:�� - . . . . . . . . . . . 5.01 - 5.09 ��` �\ n-�-� ,`'"�"�"' " ' APPROVAL OF PROPOSED CONSENT AGENDA: t`'�`� �,,,,_� " r.�,-�-�--"�-- i+�-°' ' „ OLD BUSINESS: Second Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #95-04, by Gary Hedman) (Ward 3) . . . . . . . . . 1.01 -1.02 ,� �.'`Z�� ''.�, '' ,�'^'u``�' � �e , � c�--� _. �.. . Second Reading of an Ordinance Under Section 12.07 of the City Cha�ter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #95-05, by industrial Equities) {Ward 1) . . . . . . 2.01 - 2.03 �- -�-�-� f �.�.�-�'.��. <<---�--��C t�� . � Establish Public Hearings for Rezoning Request, ZOA#95-01, Plat Request, P.S. #95-01, and Vacation Request, SAV #95-02, by Rottlund Company, Inc. (Ward 1) . . . . . . . . . . . . . . . . . . . 3.01 - 3.02 �� -~ �-ri-- �iz�y� NEW BUSINESS: First Reading of an Ordinance Establishing a New Chapter of the City Code of the City of Fridley, Chapter 221, Entitled "Stonybrook Creek Storm Water Improvement DistricY' . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.04 /, ��y � � ��r , Special Use Permit Request, SP #95-10, by BWBR Architects, Inc., for Unity Hospital, to Allow Expansion of a Hospital in a R-1, Single Family Dwelling District, Generally Located at 550 Osbome Road N.E. (Ward 1) . . . . . . . . . . . . . 6.01 - 6.09 C/�/�~`d G�- S�,`"��'�7 Variance Request, VAR #95-35, by Gary Velishek, to Reduce the Side Yard Setback of a Deck from 5 Feet to 1 Foot to Allow the Construction of a Deck, Generally Located at 8112 Fairmont Circle N.E. (Ward 3) _.... 7.01 - 7.09 ��a�.�..v.-�� Resolution Designating Official Depositories for the City of Fridley . 8.01 - 8.03 ' �.c' �r.� G`��J�-� ' /1..��u.,�-�-� �--�--��-- /�'�-�"-'_'�C� �'�--p� � ;�-'"�� Resolution Designating a Official Newspaper for the Year 1996 ..... 9.01 - 9.02 ��`"�`.� �-� . � S� ��-•---`v �� r � . �j7�'. .��T-��-�` ��.,v-= a APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Resolution Imposing Load Limits on Public Streets and Highways in the City of Fridley, Minnesota � �': �:�-.� �� . . . 10.01 - 10.05 Resolution Designating Director and Altemate Director to Suburban Rate Authority . . . . . . . . . . . . . . . . . 11.01 -11.02 C�-�L�-9i..'�-c s� i `'E-a.,-- . � ��" , �� - � c,��, �,�- . _ r/ `L��,�� l A{ iointment: City Employee ..... 12.01 � � d,�.<-t. 6.�+--�-�_ Claims . . . `"��!�!�--"` :`�."�. . . . 13.01 Licenses . ��%`�i�:-�y: �' ` .�--�. . 14.01 - 14.03� �,��— .��-��..,.-�.�--� � �z..zt �� - � . Estimates . . . .``��:�� ':' .�".�.. . . 15.01 ADOPTION OF AGENDA: ��—� �- �C�'� � ��L:�2�C �� . OPEN FORUM. VISITORS: n(Consideration of Items not on Agenda -15 Minutes) �� i�i.�-/ �4 "'�'e, :,�(.iZ'�-t-""�� •'-a'-<.�..- ,Qii,/'�,,.r..,r._.. �j --�--. / �_„-z� r C. _-�. C�=-�_� �� .. � _ � Lrt t�-; � r'��-}'~-r - ��..,,,,, OLD BUSINESS: Resolution Authorizing the Transfer of up to $190,000 from the Closed Bond Fund to the Solid Waste Abatement Fund (Tabled December 11, 1995) . . . . . . . 16.01 - 16.03 ��. _�_„L��,�� C'� . � OLD BUSlNESS (CONTINUED): Variance Request, VAR #95-31, by Anthony and Joyce Swanson, to Reduce the Side Yard Setback from a Street Right-of-Way from 17.5 Feet to .5 Feet, to Allow Reconstruction of a Garage, Generatly located at 6601 Lucia Lane N.E. (Ward 2) (Tabled November 27, 1995) . . . . . . . . . . . . . . . . . . . 17.01 -17.16 ��`��.v� �/;.�" � u� . Variance Request, VAR #95-34, by Erickson Oil Products, Inc., to Increase the Maximum Size of a Free-Standing Sign from 80 Square Feet to 126 Square Feet, Generally Located at 7600 University Avenue N.E. (Ward 3) (Tabled December 11, 1995) . . . . . . . . . . . . 18.01 -18.16 ,� ��----�� lti-,,.� 1,5.�,.�..-.._.., Variance Request, VAR #95-36, by Dealers Manufacturing Co., #o Reduce the Side Yard Setback from 20 Feet to 2.9 Feet to Allow the Construction of an 83' x 88' Addition to the Rear of an Existing Industrial Building, Generally Located at 5130 Main Street N. E. (Ward 3) . . . . . . . . . . . . . _ . . . . . . . ... 19.01 -19.07 ��,�� r `f�� . 1996 City Council Appointments to Various Agencies; cj/,��- �.�- `�'�"�� /�l.� and ��1� � �� O : i��r�.0 �°.°� /y`°�`" ��-�' ��.,, s�, List of Commission Members Whose Terms Expire April 1 and June 9, 1996 .... 20.01 - 20.03 �2-�FGZ� ._ ,S fr� c..,�� -G�,�.--,. ��.,..�-�.-. ��,�i` �--�j1�,..� ,�- .,�s.�.,��-,..� � �I �� .,.-- �-�,--�-^�-�-, ��-�„�.. �\ _ _ r ./� - . / � �� '`-�.� �"�--c�� --'- �/�.� �,-,�r,.-r'lr-'° ,�,� G,�'-��e-�,.� Informal Status Reports . . . . . . . . . . . . . . . . . 21.01 �%I ��' . ,��z`- •-�.� �'r-,,f'� �2.-� ,�., P.t-�,, j�.W� . �—,c.�.t C' ��, � �-GP--��;..' (/�e. � -�.,,- � .�'��- .S:'� �`�S ADJOURN: ` .' Z-.. z- �' '-� THE MINIITES OF THE REGULAR.MEETING OF THE FRIDLEY CITY COIINCIL OF DECEMBER 11, 1995 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Councii and audiencE: in �he Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilnaan Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 27, 1995: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SPE�IAL MEETING DECEMBER 5 1995: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: Mr. Burns, City Manager, reviewed t:he proposed consent agenda items. OLD BUSINESS• 1. ORDINANCE NO. 1059 RECODIFYING TiiE FRIDLEY CITY CODE, CHAPTER 216, ENTITLED "STORM WATER DRA,INAGE UTILITY" BY AMENDING SECTION 216.04• Mr. Burns, City Manager, state.d that this is the second reading of an ordinance that would allow storm drainage fees to be set by Council resolution. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1059 ON THE SECOND READING AND ORDERED PIIBLICATION. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11 1995 PAGE 2 NEW BUSINESS• 2. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST SAV #95-04 BY GARY HEDMAN) (WARD 3)• Mr. Burns, City Manager, stated that a dwelling was construc- ted on top of a ten-foot utility easement, and the vacation is being requested to clear title. He stated that no public utilities are located in this easement. Mr. Burns stated that the Planning Commission approved this vacation subject to a stipulation that the petitioner shall dedicate a new utility easement and commission a survey to verify location of the new easement. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING, WITH THE STIPIILATIONS THAT THE PETITIONER DEDICATE A NEW IITILITY EA88MENT AND SIIBMIT A VERIFYING SIIRVEY. 3. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION RE4UEST1 SAV #95-05 BY INDUSTRIAL EQUITIES) (WARD 1)• Mr. Burns, City Manager, stated that this is a request for vacation of a 20 foot drainage and utility easement located near the intersection of 73rd Avenue and the east University Avenue Service Drive. He stated that the easement lies between two lots, and the owners propose to relocate the easement in order to allow construction of an 88,000 square foot industrial building. He stated that there is a 24 inch storm sewer located in this easement, and it will be relocated according to plans that have been approved by the City's engineers. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. VARIANCE REQUEST, VAR #95-32 BY INDUSZ`RIAL E4UITIES TO ALLOW LOADING DOCKS IN THE FRONT YARD FACING NORTHCO DRIVE TO ALLOW CONSTRUCTION OF AN 87 600 SOUARE FOOT MULTI-TENANT OFFICE/ WAREHOUSE INDUSTRIAL BUILDING GENERALLY LOCATED AT THE SOUTHWEST CORNER OF 73RD AVENUE AND NORTHCO DRIVE jWARD 1)• Mr. Burns, City Manager, stated that this proposed building is bounded on three sides by public streets and has three front yards. He stated that the proposed loading docks will face the interior of the industrial development which will have the least public impact. He stated that there is adequate room to screen the docks. He stated it is FRIDLEY CITY COIINCIL MEETING OF DECEMBER 11, 1995 PAGE 3 recommended that the variance be granted subject to a landscaping plan and installation of underground irrigation. Mr. Burns stated that the landscaping plan exceeds code requirements for plant material, and the 73rd Avenue side of the proj ect includes a dense hedge along the north edge of the parking lot and fourteen shade ti-ees, 10 to 12 feet high. He stated that staff is in the process of reviewing the land- scaping plan with representative:s of the neighborhood. THIS ITEM WAS REMOVED FROM THE �lONSENT AGENDA AND PLACI3D ON THE REGIILAR AGENDA. 5. RESOLUTION NO. 92A-1995 APPRO'VING THE CREATION OF TAX INCREMENT DISTRICT NO. 14 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATED THERETO: Mr. Burns, City Manager, stated that Mr. John Allen of Industrial Equities Development I:nvestments is requesting tax increment assistance from the F[RA for soil correction and relocation of the storm sewer onllis building site. He stated that the project is for an 88,.000 square foot industrial business center to be constructed at a cost of $3,000,000. He stated that assistance is in �the form of a$140,000 grant and a$140,000 loan. He stated t.hat a similar resolution was adopted by the HRA at their meeting on November 9, 1995. ADOPTED RESOLIITION 1d0. 92-1995. 6. APPROVE COMPREHENSIVE SIG1�T PLAN �!,MENDMENT FOR 7570 HIGHWAY 65 N.E. (WARD 2): Mr. Burns, City Manager, stated �that the owner is remodeling the facade of a building that houses more than three tenants and where signage occupies an area that is 4 feet by 130 feet. He stated that the letters are ito be no more than two feet high, a single color, and the I.etters and logos are to be vinyl. He stated that the City and owner will approve the signs before issuance of a permiit. APPROVED COMPREHENSIVE SIGN PLAN' AMENDMENT FOR 7570 HIGHWAY 65 N.E. 7. RESOLUTION NO. 93-1995 AUTHORIZIIJG CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR THE YEAR 1995: Mr. Burns, City Manager, stated that these changes are the result of donations and unforesee�n expenditures, and it is the first and only supplemental appro��riation for 1995. He stated that an example of these changes are expenditures associated with employee layoffs; removal oiE the A-frame; and construc- tion of a park shelter at Commun:ity Park as a result of the FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11 1995 PAGE 4 � � Lions Club donation. He stated that the total adjustments are $8,150. ADOPTED RESOLUTION NO. 93-1995. RESOLUTION AUTHORIZING 7'HE TRANSFER OF UP TO 5190 000 FROM THE CLOSED BOND FUND TO THE SOLID WASTE ABATEMENT FUND: Mr. Burns, City Manager, stated that this resolution autho- rizes the transfer of up to $190, 000 from the closed bond fund to the solid waste abatement fund. He stated that the total costs for Clean-Up Week, as of November 30, 1995, were $204,953. He stated that the amount budgeted was $16,000, and the unfunded portion totaled $187,678. He stated that cash donations were $1,275, and costs yet to be paid are $1,299. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGIILAR AGENDA. RESOLUTION NO. 94-1995 PROVIDING FOR A STORM WATER DRAINAGE RATE CHANGE• Mr. Burns, City Manager, stated that this resolution raises storm water fees from $5.25 per acre to $8.40 per acre. He stated that single-family homes and duplexes are charged at a rate of one-third acre. He stated that fees for these residential properties increased from $1.75 per quarter to $2.80 per quarter. He stated that the fee increase wiil allow the City to cover the expected shortfall of $116,000 in 1996. ADOPTED RESOLIITION NO. 94-1995. 10. RESOLUTION APPROVING THE FINAL AGREEMENT BETWEEN THE CITY OF FRIDLEY, RAMSEY COUNTY AND THE RICE CREEK WATERSHED DISTRICT RESOLVING THE LITIGATION OVER THE LOCKE LAKE IMPROVEMENT PROJECT• Mr. Burns, City Manager, stated that a settlement was worked out in mediation involving the Locke Lake improvement project. He stated that as a result of the settlement, Fridley will remove $52,000 worth of material from Locke Lak�e and will contribute $54,000 in cash toward the projected cost. He stated that as a result of Fridley's contributions, Ramsey County's contribution will be reduced to $282,734. He stated that the Rice Creek Watershed District recognizes its obligation to maintain the Locke Lake sedimentation basin, and the City recognizes its responsibility to maintain the non- sediment basin portion of Locke Lake. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON TAE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF DECEM:BER 11, 1995 PAGE 5 11. 12. Name RESOLUTION AUTHORIZING AN INCREAS;E IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1996 CALENDAR YEAR: Mr. Burns, City Manager, stated t:hat this resolution provides a two percent cost of living increase and also provides a two percent increase in automobile a:llowances. He stated that it increases the City's mileage re:�mbursement from 29 cents to 30 cents per mile and provides :�upplemental holiday pay'for police sergeants at the rate of one and one-half times their regular rate of pay. TI�IS ITEM WAS REMOVED FROM THE (:ONSENT AGENDA AND PLACED ON THE REGOLAR AGENDA. APPOINTMENT: CITY EMPLOYEES: Mr. Burns, City Manager, state�d that three employees are recommended for appointment, two Police Officers and a Human Resources/Public Information Tec:hnician. He stated that the Police Officers are Steven Monsrud and Brian Weierke, and Lisa McConnell is the Human Resources/Public Information Technician. Mr. Burns reviewed �these appointees educational backgrounds and work histories. CONCURRED WITH THE FOLLOWING APPO:INTMENTS BY THE CITY MANAGER: Starting Starting Position Salarv Date Replaces Lisa Human Resources/ McConnell Pub. Info. Tech. Exempt Steven Patrol Officer Monsrud Partially exempt $32,650.18 per yea�r (1995 saale) Jan . 2 , New position 19 9 6 oonsolidates positions held by M. Susan Irber and James Froehle $12.99 Dec. 12, Jon per houi� 1995 Burnham (1995 cc�ntract) Brian Patrol Officer $12.99 Dec. 28, Larry Weierke Partially exempt per houi- 1995 Johnson (1995 contract) 13. CLAIMS: AUTHORIZED PAYMEN'1' OF CLAIM NOB. 65415 THROIIGH 65597. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 PAGE 6 14. LICENSES• APPROVED THE LICENSES AS SIIBMITTED AND AS ON FILE IN THE LICENSE CLERR�S OFFIC$. 15. ESTIMATES: APPROV�I) THE FOLLOWING LSTIMATEB: Penn Contracting, Inc. 1697 Peltier Lake Drive Centerville, MN 55058 Washington Street Watermain Repair Project No. 272 FINAL ESTIMATE . . . . . . . . . . . . . . . $ 6 ,13 6 . 9 5 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E, Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of October, 1995. ...$14,137.50 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Blvd. N.W. Coon Rapids, MN 55433-5894 Services Rendered as City Attorney for the Months of October/November, 1995 ....$ 7,727.36 Mr. A1 Quam, 399 73rd Avenue N.E., requested that Council eliminate Item 3 from the consent agenda for further discussion. MOTION by Councilwoman Jorgenson to remove Item 3 from the consent agenda. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that he would like Items 4, 8, 10 and 11 removed from the consent agenda. No other persons spoke regarding the proposed consent agenda items. MOTION by Councilman Schneider to approve the consent agenda with the exception of Items 3, 4, 8, 10 and 11 and place these items on the regular agenda. Further, to add the estimate from Barna, Guzy and Steffen in the amount of $7,727.36. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 11, 1995 PAGE 7 ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda with the addition of Items 3, 4, 8, 10 and 11 from the consent agenda. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response business. PUBLIC HEARINGS• from the au.dience under this item of 15. PUBLIC HEARING ON AN ON-SALE I:,ICENSE TO GOURMET VILLAGE, GENERALLY LOCATED AT 7890 UNIVERSITY AVENUE N.E. �WARD 3): MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hea:ring. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:52 p.m. Mr. Pribyl, Finance Director, stated that Bac Vien Truong has applied for an on-sale beer license for Gourmet Village at 7890 University Avenue. He stated that t:his license application has been reviewed by the Police Department and approved by the Public Safety Director. Ms. Jean Y Lu, 956 Jefferson Avenue, St. Paul, stated that she is the Manager for Gourmet Village. She stated that Gourmet Village would be a Chinese restaurant, and they plan to open next week. She stated that they would sell some x�eer, but most of their sales would be food. No persons in the audience spoke regarding this proposed on-sale beer license. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion �carried unanimously and the public hearing closed at 7:56 p.m. 17. PUBLIC HEARING TO ESTABLISH STONYBROOK CREEK SPECIAL TAX DISTRICT• MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hea��ing. Seconded by Councilman Schneider. Upon a voice vote, all vo�ting aye, Mayor Nee declared the motion carried unanimously and t:he public hearing opened at 7:56 p.m. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11 1995 PAGE 8 Mr. Flora, Public Works Director, stated th�t the purpose of the public hearing is to es�ablish a special tax district for the Stonybrook Creek storm water project. He stated that the City was petitioned by the residents to improve the storm water system, and they have also agreed to an assessment of $2,000 per lot for their properties. He stated that an ad valorem tax will be split over the watershed district for a period of ten years. Councilwoman Bolkcom stated that at the neighborhood meeting held on this project, there was a question if the assessment could be spread over a number of years. Mr. Flora stated that since this is an ad valorem levy, it has to be levied by the City each year because property values change. Mr. Richard Harr�s, 6200 Riverview Terrace, stated that he was not notified of the public hearing and would appreciate receiving a notice if he is going to be taxed. Mr. Harris stated that he agreed that this is a necessary project or else someone's house would end up in the creek. He stated that the problem is how it is going to be paid for. Ae stated that in 1974 or 2975, the City tried to get the City of Spr�ng Lake Park to participate in installing a pipe across University Avenue all the way to the river. He stated that this went to court, and the City lost. He stated that the residents east of East River Road had to pay for the pipe coming off University Avenue. He said that the state did not participate in that project even though a lot of storm water comes from the state highway. Mr. Harris stated that taxes are now going to be raised again to repair and upgrade the storm systems. He stated that the residents have been diligently paying for ten years into this fund and will get assessed again for something that they have already paid. He felt that the storm water tax which the residents have been paying for the last ten years should probably be used to help defray the cost of this project. Councilwoman Bolkcnm stated that there is a contribution by the City of $75,000 that is coming out of the storm water fund. She stated that there are a lot of other projects that have to be funded out of this storm water fund. Mr. Harris said that he understands; however, he has paid into this storm water fund approximately $140 per year. Over the ten-year period that is $1,400. He stated that he would like to know what happened to the funds and if they were used elsewhere. Councilwoman Jorgenson stated that the City is spending $280,000 per year on storm water projects, and the cost is being split over the entire City. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 PAGE 9 Mr. Harris questioned if these were new projects or repairs to existing projects. Councilwoman Jorgenson stated that they were primarily repairs to existing projects. Mr. Flora stated that a number of st��rm water projects have been completed including Springbrook Nature Center, the 52nd Avenue floodway project, the Main Street project, and the Central Avenue and 64th Avenue projects, to name �� few. He stated that the Stonybrook Creek pro j e�t is essential:Ly anly a connection from the Burlington Northern railroad tracks west in order to complete the piping system and the controlled channel. Mr. Flora stated that there is a fou�r-way split for the cost of this project with the City of Spring Lake Park, the assessment to the residents, the City's contributi<�n, and the establishment of this tax district. Mr. Harris asked if the watershed di:�tricts were assessed on the other storm water projects. Mr. Flora stated that only the Lock:e Lake dam, Moore Lake and Harris Pond projects and a portion of 64th Avenue were assessed. Mr. Harris stated that he has a prok�lem with the ad valorem tax because if the value of the property �Lncreases, then it raises the rate so that the City makes more mc�ney. He asked if it would appear on the tax statement as a special assessment. Mr. Flora stated that it will appear as a separate line item on the tax statement. Mr. Harris stated that it seems unfair to the commercial and industrial land owners, as the City will be collecting three to four times the amount collected from residential properties. He felt that the properties should be taxed at the same rate. Mr. Flor.a said that the state legi;�lature decided storm water projects should be funded by an ad v��lorem tax, and this process was not in effect until about 1984 or �antil the 509 legislation was enacted. Councilman Biliings stated that funds will be used from the storm water fund for this project. He sta.ted that he also pays every month into this storm water fund and,, because of where he lives, he is not affected by storm water runoff. He stated that residen- tial area� have a tendency to have more green area which are able to absorb more water. Industrial and commercial sites have more parking areas and water tends to drain off the site. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11 1995 PAGE 10 Mayor Nee stated that the City finally has a solution that is acceptable to everyone, and he feels that it is the best argument to complete this improvement. No other persons in the audience spoke regarding this proposed special tax district. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, al� voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:20 p.m. OLD BUSINESS: 18. ORDINANCE NO. 1060 RECODIFYING THE FRiDLEY CITY CODE CHA1'TER 31 ENTITLED "PAWN SHOPS " BY AMENDING SECTIONS 31.06 31.11 31.12 31.13 AND ADDING NEW SECTION 31.14 AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY AND AMENDING CHAPTER 11 "GENERAL PROVISIONS AND FEES:" Mr. Sallman, Public Safety Director, stated that prior to last year, the City did not have e�cperience with pawn shops; however, during this year, some problems have arisen with the pawn shop ordinance regarding regulation. He stated that the fee the City charges for a li,cense is not adequate in terms of what it costs the City to regulate those businesses. He stated that this is the reason changes are proposed to the pawn shop ordinance. Mr. Sallman introduced Mr. Robert Rewitzer of the Police Department who outlined the prop�sed changes to the ordinance. Mr. Rewitzer, of the Police Department, reviewed the deficiencies in the current ordinance and stated that several changes were recommended, as follows: (1) limiting the number of pawn shop licenses to three and giving priority to renewals of exiting licenses; (2) incorporating language concerning record keeping and reporting by the pawn shops to require conformity to systems adopted by the Police Department; (3) requiring that all nuiabers and identifying marks on pawned or sold property be recorded and, further, requiring photo identification of persons seeking to pawn or sell property; (4) clarifying the existing intent of the ordinance; that pawned items be held on the licensed premises and, further, that outside storage of pawned property conform to existing zoning requirements; (5) clarifying the procedures under which stolen property found at pawn shops is held and seized; (6) limiting the conditions under which property may be received at a pawn shop, specifically that items must not have altered or obliterated serial numbers; items must not be encumbered by a security interest; the item must belong to the person pawning or selling the property; and the pawn shop must obtain photo identification of persons seeking to pawn or sell property; (7) limiting the conduct of persons seeking to pawn or sell items, FRIDLEY CITY COUNCIL MEETING OF DECEM[BER 11, 1995 PAGE il specifically persons may not pawn or sell property not their own or secured; persons under eighteen years of age may not pawn or sell property; persons seeking to pawn or sell property must present photo identification; and fur•ther requiring pawn shops to post notice of the above stipulations in signage at least four feet square with letters at least three-guarters of an inch high and requiring that a separate written no�tice be issued to and signed for by persons seeking to pawn or se:ll property; (8) raising the annual pawn shop license fee from $8,000 per year to $15,000 per year to cover the costs of enforcement and monitorin�. Mr. Rewitzer stated it is believed t;hat this proposed ordinance will best serve the interests of the community. He stated that the change in the fees is requested to better reflect the cost for enforcement and monitoring the pawn sh.ops. He stated that the cost to the City is about $1,251 per mon�th or $15,014 per year. He stated that in a recent survey of 27 communities, eleven have license fees of $10,000 or more. Mr. Tim Welch, 1150 S. 5th Street, Sui.te 2300, Minneapolis, stated that he was representing Pawn America. He stated that they support the ordinance and have worked with t:he cities of Burnsville and Rosevil�e to pass similar ordinances. He stated that th�y wished to address several issues. He stated that the ability of their computerized system to collect information is somewhat �imited. He stated that they can collect serial and model numbers but identifying information and addit��onal descriptions may be impossible. Mr. Welch stated that the requirement to obtain the name, address and telephone number of a person to whom an item is sold may not be constitutional in terms of privacy issues. He stated that he did not feel that that information bea:rs any necessity to determine if the item in and of itself was stolen property. Iie stated that in regard to storage of items, they ar-e proposing that the storage area be on an approved site but no�t on the licensed premises because there is not space available. He stated that if the Police Department has reason to believe something is stolen and a"hold" is placed on that item, he suggested �come notice be given and some reasonable length of time be established when this item can be taken off "hold." He stated that there are also other issues per- taining to search and seizure and, if an item is found to be stolen, whether the cost of prosecui�ing is attributable to the store. Mayor Nee asked Mr. Welch if the PolicE� Department had communicated with them before tonight's meeting. :He stated that it seems this item should be referred back to the Police Department to try to resolve these issues. Mr. Welch stated that he would agree, but notice was received that this was the second reading of the or�3inance. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11 1995 PAGE 12 Mayor Nee stated that the City is concerned that pawn shop businesses do not invite a ready market for stolen goods. Mr. Welch stated that the license fee proposed is the highest fee they would pay in any community. Councilwoman Bolkcom asked if the pawn shop owners were notified that the ordinance changes were being considered by the City. Mr. Sallman stated that the first reading of the ordinance was November 27, and there was some urgency to have the o.rdinance in place by the first of the year. AT THIS TIME, MAYOR PRO TEM SCHNEIDER TOOR OVER THE MEETING FOR MAYOR NEE WHO LEFT. MOTION by Councilwoman Jorgenson to receive the letters from Bernard Brennan of Cash-N-Pawn dated December 11, 1995 and from Bill Richards of E�ress Auto Pawnbrokers, Inc. dated December 7, 1995. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro �rem Schneider declared the motion carried unanimously. Mr. Burns, City Manager, stated that Mr. Sallman could respond to the comments by Mr. Welch, and then Council could decide if they want to table this item or proceed with the second reading of the ordinance. Mr. Gregg Herrick, Assistant City Attorney, stated that if Council received any license applications, prior to adoption of this ordinance, they probably could not deny those persons from applying for the license. Councilwoman Jorgenson asked if a moratorium could be placed on any more pawn shops in the City until this ordinance is refined_ Mr. Herrick stated that a moratorium may be possible, but he is not sure at this time of the legal requirements for publication. Mr. Herrick stated that one option is that Council could split off Section 31.06 and adopt that section which refers to the granting of new licenses and authorize staff ta review, with the various pawn shop owner, the balance of the ordinance. MOTION by Councilwoman Jorgenson to waive the reading and adopt Ordinance No. 1060 on the second reading to recodify the Fridley City Code, Chapter 31, entitled "Pawn Shops,'� by amending Section 31.06 and amending Chapter 11, "General Provisions and Fees" and order publication. Further, to delete Sections 31.11, 31.12, 31.13, and the new section 31.14 from this ordinance. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COIJNCIL MEETING OF DECEM[BER 11, 1995 PAGE 13 MOTION by Councilwoman Jorgenson to d�irect staff to work with the pawn shop owners to try to work out an agreement that will meet both their needs and the City's and bring this item back to Council after this review. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. NEW BUSINESS• 19. RESOLUTION NO. 97-1995 ADOPTING A BUDGET FOR THE FISCAL YEAR 1996• Councilman Billings asked how the ad �ialorem tax proposed for 1996 compares with 1995 and what impact there would be if it was kept at the 1995 level. Mr. Pribyl, Finance Director, statedl that it is up $181,864 or about a four percent increase. He stated that the City would have to revert to fund balances for use in 1996. Councilman Billings asked what the current undesignated amount of funds in the General Fund is. Mr. Pribyl stated that it is approximately $6 million which includes the various reserves and about $3 million for the bond fund. Councilman Billings stated that the ad valorem tax for the City for next year is $3.7 million. Between t:he closed bond fund and the General Fund there is about $9 millio:n undesignated. Councilman Billings stated that the C:ity Manager is recommending that the City decrease some of the w�Lnter skating activities ar�d close three warming houses. He asked what the cost would be to staff to replace these warming houses with temporary ones for the winter season. Mr. Pribyl stated that Jack Kirk, information that the cost would warming houses and staffing. Recreation Director, has provided be �ibout $13,000 for the three Councilman Billings stated that the budget provides for a two percent increase for City employees. He asked how much additional funds would be needed to provided for a 2-1/2 percent increase. Mr. Pribyl stated that the cost would:be approximately $33,000 and about double this figure for a one pe��cent increase. MOTION by Councilwoman Jorgenson to adopt Resolution No. 97-1995. Seconded by Councilman Billings. MOTION by Councilman Billings to amend the budget by adding $13, 000 to the �tecreation Department budget and by increasing the amount FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 PAGE 14 of General Fund reserve by this same amount. MOTION FAILED FOR LACK OF A SECOND. MOTION by Councilman Billings to reduce the ad valorem tax amount by $181,864 and that the General Fund reserve be increased by this same amount. MOTION FAILED FOR LACK OF A SECOND. MOTION by Councilman Billings that the line items regarding personnel throughout the budget be increased from a two percent increase to a three percent raise for City employees and zncrease the total amount of expenditures by $67,000 and the General Fund by this same amount. MOTION FAILED FOR yACK Or A SECOND. Councilman Billings stated that during the last several years, Council saw fit to proceed with special. projPCts that were not in the five-year plan. He stated that funds were spent on a park and storm water project, as well as a City-wide cleanup to the tune of approximately $200,000 that was unbudgeted. He stated that he finds it interesting, with $9 million in undesignated surpluses, that Council chooses not to provide $13, 000 to main�ain the warming houses at three parks; that they want an ad valorem tax; and are limiting the salary increases to only two percent when the cost of living has risen more than two percent. He stated that the increase for state employees will probably be about four percent. Councilman Billings stated that there were a number of private citizens that devoted a lot of time and ef�ort to the City-wide cleanup, as well as a lot of employees. He stated that it could be construed by the employees that a major portion of the cleanup is coming at the expense of their salary increases. Councilwoman Jorgenson stated that the City has chosen not to participate in the federal grant to hire an additional police officer, but yet there is discussion about putting up temporary warming houses. She stated that she cannot see the analogy, and this should have been addressed at the budget discussions, not at this time. Councilman Billings stated that he cannot understand the analogy either between not having a police officer and $13,000 for warming houses. He stated that he was not aware of the actual extent of losing the three warming houses until a few weeks ago when he was contacted by citizens. He stated that during the budget hearing he indicated he had a problem with this issue. Mayor Pro Tem Schneider stated that there were many work sessions held on the budget. Any member of the Council could propose modifications, but he would react negatively to any modifications at this point. Councilwoman Jorgenson stated that the budget this year was very difficult, and tough decisions had to be made on how the City would FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11 1995 PAGE 15 operate for the next year. She felt that Council tried to minimize the loss of services for all its citizens. At this time the Mayor returned to his seat. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION to adopt Resolution No. 97-1995, Councilwoman Jorgenson, Councilwoman Bolkcom, Mayor Nee and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried. 20. RESOLUTION NO. 98-1995 DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REOUIREMENTS FOR 1996 TO THE COUNTY OF ANOKA FOR COLS�ECTION • Mr. Pribyl, Finance Director, stated that this resolution grants Council the authority to levy a tax which appears to be in excess of 16 mills. He stated that the resolution also provides for the certification of the 1996 tax levy to Anoka County for collection. He stated that the resolution satisfies both the Charter and the Truth in Taxation requirements. MOTION by Councilwoman Jorgenson to adopt Resolution No. 98-1995. Seconded by Mayor Pro Tem Schneider. Upon a voice vote, Council- woman Jorgenson, Mayor Pro Tem Schneider, Councilwoman Bolkcom, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried. 3. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST SAV #95-05 BY INDUSTRIAI� EQUITIES) (WARD 1): Mr. Hickok, Planning Coordinator, stated that this vacation is to vacate a 20 foot easement. He stated that if the easement is vacated, a 24 inch storm water pipe would have to be relocated and done in a manner acceptable to staff and Council. He stated that the purpose of the vacation is to allow the construction of an 88,000 square foot industrial building. Mr. Hickok stated that the Planning Commission recommended approval of this vacation with two stipulations: (1) the petitioner shall maintain the storm water drainage system from the manhole located in the southeast corner of the parking lot and the outlet located at the intersection of 73rd Avenue and the east University Avenue Service Road; and (2) the petitioner shall execute and record against the property a storm water pond maintenance agreement. Mr. Quam, 399 73rd Avenue, asked that this vacation be combined with the variance request for loading docks. He stated that he FRIDLEY CITY COIINCIL MEETING OF DECEMBER 11, 1995 PAGE 16 lives on the north side of 73rd Avenue in Melody Manor and will be exposed to a substantial change of view from this project. He stated that he would like to work toward a solution for screening and retaining the aesthetics in Melody Manor. Councilman Schneider stated that he does not see the correlation between the vacation of this easement and the landscaping. Mr. Quam stated that it is probably more related to the variance request, VAR #95-32, for the loading docks. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading with the following stipulations: (1) the petitioner shall maintain the storm water drainage system from the manhole located in the southeast corner of the parking lot and the outlet located at the intersection of 73rd Avenue and the east University Avenue Service Road; and (2) the petitioner sha11 execute and record against the property a storm water pond �ain- tenance agreement. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider dec.l�red the motion carried unanimously. Mayor Nee left the meeting at this time and did not return. 4. VARIANCE RE4UEST, VAR #95-32, BY INDUSTRIAL EQUITIES TO ALLOW LOADING DOCKS IN THE FRONT YARD FACING NORTHCO DRIVE TO ALLOW CONSTRUCTION OF AN 87.600 S4UARE FOOT MULTI-TENANT OFFICEj WAREHOUSE INDUSTRIAL_BUILDING, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF 73RD AVENUE AND NORTHCO DRIVE (WARD 1)' Mr. Hickok, Planning Coordinator, stated that this is a request to allow the loading docks on the southeast corner of the building to exist on the front lot of this property. He stated that when a parcel has multiple streets surrounding it, the narrowest lot dimension is used to determine the "front" lo*. He stated that in this case, it is the east boundary. Mr. Hickok stated that the petitioner submitted a hardship state- ment and indicated that the fact that this site is entirely surrounded by University Service Drive, 73r� Avenue, and Northco Drive, and that there is little opportunity to construct loading docks out of public view. Mr. Hickok stated that staff and the Appeals Commission reviewed the request and recommends approval with the following stipula- tions: (1) the petitioner submit a landscaping plan that would adequately screen the loading docks; and (2) the petitioner install an underground irrigation system. Councilman Billings asked if this variance was consistent with other variances issued in the City where property is surrounded on thre� sides by streets. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 PAGE 17 Mr. Hickok stated that this is a unique case, ship of being surrounded by three streets. Councilman Billings stated that at the last discussion about landscaping in the median expense. and there is a hard- meeting, there was at the developer's Mr. Hickok stated that a landscaping plan has been submitted. He stated that what is proposed is the planting of shade trees, as well as a three foot hedge. He stated that in the corners, there will be a variety of other shrubs and some flowering crabs at the entrance. He stated that all the landscaping requirements have been met, and a variety of landscaping has been proposed to make the site aesthetically pleasing and to provide screening. Councilwoman Jorgenson asked about the past zoning history of this parcel. Mr. Hickok stated that this area has been industrial zoning since the 1950's as shown in the City's Comprehensive Plan and Zoning Ordinance. Councilwoman Jorgenson stated that the residents that built across the street from this property should have had knowledge that this site was zoned industrial. Mr. Quam, 399 73rd Avenue, stated that Scott Hickok has provided him with the landscaping plan. He stated that the residents can hardly notice the development on 73rd Avenue that has taken place to this date. He stated that he wanted to work towards a solution and, when this issue was discussed at a previous meeting, the developer voiced encouragement that he would work to provide sufficient landscaping. He felt that it would be an excellent idea to plant evergreens in the median to shield the development from the neighborhood to the north. Mr. Hickok stated that staff did not suggest plantings in the median to the developer. He stated that staff is concerned about installing plantings in the median, as they may not get sufficient water, may be difficult to maintain, and may create problems for maintenance personnel. Mayor Pro Tem Schneider stated that he is sure staff will follow through to make sure all the landscaping requirements are met and that it will be aesthetically pleasing to the residents. At this time Councilwoman Jorgenson left the meeting temporarily. MOTION by Councilman Billings to concur with the recommendation of the Appeals commission and grant Variance Request, VAR #95-32, with the following stipulations: (1) submission of a landscaping plan adequately screening the loading docks; and (2) installation of underground irrigation. Seconded by Councilwoman Bolkcom. Upon FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11 1995 PAGE 18 a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. RECESS: Mayor Pro Tem Schneider called a recess at 9:38 p.m. RECONVENED: Mayor Pro Tem Schneider reconvened the meeting at 9:50 p.m. All members of the Council were present except Mayor Nee. 8.�. RESOLUTION AUTHORIZING THE TRANSFER OF UP TO $190 000 FROM THE CLOSED BOND FUND TO THE SOLID WASTE ABATEMENT FUND: MOTION by Councilwoman Bolkcom to table this item and direct staff to bring it back at the appropriate time. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilwoman Bolkcom, Councilwoman Jorgenson, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried. 10. RESOLUTION NO. 95-1995 APPROVING THE FINAL AGREEMENT BETWEEN THE CITY OF FRIDLEY RAMSEY COUNTY AND THE RICE CREEK WATER- SHED DISTRICT RESOLVING THE LITIGATION OVER THE LOCKE LAKE IMPROVEMENT PROJECT: Mr. Flora, Public Works Director, stated that the City was involved in litigation with the Rice Creek Watershed District and Ramsey County regarding an ad valorem tax for the Locke Lake improvement project. He stated that in the mediation process, Ramsey County agreed to contribute $282,734 as its share. Fridley will make a monetary contribution of $54,000 and will remove $52,000 worth of material in order to reduce the costs to Ramsey County. Mr. Flora stated that it was also agreed that the Rice Creek Watershed District would provide, at its cost, the maintenance required for the sediment basin portion of the project and that Fridley would provide any maintenance required for the non-sediment basin portion of the project. Councilman Billings stated this agreement indicates that an additional $54,000 will be paid to Ramsey County by the City. He asked what funds would be used and if it was a budgeted item. Mr. Flora stated that it was not a budgeted item. He stated that it is expected to be assessed to the abutting Locke Lake properties. He stated that there is a petition being circulated for this action and will probably be submitted to Council the second meeting in January. Councilman Billings asked what would happen if the property owners do not sign the petition. Mr. Flora stated that if more than fifty percent of the property owners sign the petition, it will be presented to Council, and a FRIDLEY CITY COIINCIL MEETING OF DECEMBER 11 1995 PAGE 19 decision will have to be made whether or not to proceed with a special tax district. He stated that if it would fail, it would be the decision of Council where the funds would be obtained. Ms. Mary Vasecka, 6909 Hickory Drive, thanked staff and Council who did everything they could for this project to proceed. She stated that it appears the City is rewarding Ramsey County for filing the lawsuit. She stated that the sticking point was whether Ramsey County was properly notified. She stated that if they were not notified, it is not the City's fault. It would be the engineering firm or Ramsey County itself. She questioned why the mediation took place and why this settlement. Ms. Vasecka stated that she did not want to pay any more than what she has already paid for the dam. She stated that she is being told she needs to pay another $1,500. She asked what guarantee there is that this project would be completed in a timely manner. Mr. Flora stated that with respect to the dam, there was only one assessment, and that was about $3,000. He stated that the agreement refers to the excavation of Locke Lake. Mr. Flora stated that when the Appeals Court heard this case, they sent the notice question back to the District Court to review. He stated it was felt that once it was sent back to the District Court, the judge would address other items that previously had not been decided. He stated that another issue was the time element, and the court suggested a mediation process. Mr. Flora stated that when the project was going to be fought in the Appeals Court, there was a meeting with the Locke Lake home- owners to see if the issue could be resolved by offering Ramsey County some additional funds. He stated that the Locke Lake Homeowners Association thought $1,500 from each property owner would expedite the project. He stated that in the process, an offer was made to contribute $54,000 to Ramsey County's share of the cost so they would withdraw their appeal so the project could proceed. He stated that this offer was not enough, and an additional $52,000 was needed. Mr. Flora stated that the City looked at the possibility of com- bining this project with the Stonybrook Creek project. He stated that Ramsey County was willing to settle if they could reduce their assessment by $106,000. Mr. Flora stated that in the settlement agreement, the Rice Creek Watershed District stated that they would award the contract by the fall of 1996. He stated that if this is so, he believed the project would be completed by June of 1997. He stated the guaran- tee the City has is that this agreement will be presented to the District judge. It outlines what the Rice Creek Watershed District would accomplish and legally binds them to the contract. He stated FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11 1995 PAGE 20 that, to date, the City has provided the Rice Creek Watershed District with $25,000 as part of the petition process to get the project started. MOTION by Councilwoman Jorgenson to adopt Resolution No. 95-1995. Seconded by Councilman Billings. Upon a voice vote, Councilwoman Jorgenson, Councilman Billings and Mayor Pro Tem Schneider voted in favor of the motion. Councilwoman Bolkcom abstained from voting on the motion. Mayor Pro Tem Schneider declared the motion carried. 11. RESOLUTION NO. 96-1995 AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1996 CALENDAR YEAR: Mr. Hunt, Assistant to the City Manager, stated that this resolution authorizes a two percent increase in salaries; an increase of two percent in automobile allowances; a one cent increase in mileage reimbursement from 29 cents per mile to 30 cents per mile, and a supplemental holiday pay for sergeants equivalent to one-half of their regular rate of pay for work on City designated holidays. MOTION by Councilman Billings to adopt Resolution No. 96-1995. Seconded by Councilwoman Bolkcom. MOTION by Councilman Billings to amend this resolution by increa- sing the salaries of City employees from two percent to three percent and increasing the automobile allowances from two percent to three percent. MOTION FAILED FOR LACK OF A SECOND. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Jorgenson, Councilwoman Bolkcom, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried. 21. VARIANCE REOUEST VAR #95-34 BY ERICKSON OIL PRODUCTS TO INCREASE THE MAXIMUM SIZE OF A FREE-STANDING SIGN FROM 80 SQUARE FEET TO 126 SOUARE FEET GENERALLY LOCATED AT 7600 UNIVERSITY AVENUE N E (WARD 3)• MOTION by Councilwoman Bolkcom to table this item until the first meeting in January, 1996 at the request of the petitioner. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 22. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that he would like to discuss the attorney contracts in the informal session. Councilwoman Bolkcom suggested that Council discuss the warming houses. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 11, 1995 PAGE 21 Councilman Billings stated that he finds it paradoxical to discuss this in a work session after no one would second his motion. Councilwoman Bolkcom stated that she did not second the motion because she was not sure if she was willing to spend an additional $13,000. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilwoman Jorgenson, Councilwoman Bolkcom, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried and the Regular Meeting of the Fridley City Council of December 11, 1995 adjourned at 10:18 p.m. Respectfully submitted, Carole Haddad Dennis L. Schneider Secretary to the City Council Mayor Pro Tem r _ � . Community Development Department PLANNING DIVISION City of Fridley DATE: January 4, 1996 � TO: William Burns, City Manager A� �` FROM: Barbara Dacy, Community Development Director Scott Hickok, Pianning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Vacation Request, SAV #95-04, by Gary Hedman, Generally Located at 60 - 70th Way N E The City Council conducted a public hearing regarding the vacation request at its November 27, 1995 meeting, and held the first reading of the attached ordinance at its December 11, 1995 meeting. Staff recommends that the City Council approve the final reading of the attached ordinance vacating the easement at 60 - 70th Way NE. MM/dw M-96-3 1.01 ORDINANCE NO. AN ORDINANCE IINDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STRBETB AND ALLEYS AND TO AMEND APPENDI% C OF T8E CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate the East 10 feet, except the Southerly 5 feet, of a utility easement located on Lot 9, Block 4, Ostman's Third Addition, generally located at 60 - 70th Way N.E. All lying in the South Half of Section 10, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulations adopted at the City Council meeting of , 1996. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR November 27, 1995 December 11, 1995 1.02 � _ � Community Development Department PLa�x�xG DIVISION City of Fridley DATE: January 4, 1996 � TO: William Burns, City Manager �j� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Pianning Assistant SUBJECT: Second Reading of an Ordinance Approving a Vacation Request, SAV #95-05, by Industrial Equities, Generally Located at the Southwest Comer of 73rd Avenue and Northco Drive The City Council conducted a public hearing regarding the vacation request at its November 27, 1995 meeting, and held the first reading of the attached ordinance at its December 11, 1995 meeting. Staff recommends that the City Councit approve the final reading of the attached ordinance vacating the drainage and utility easement for Northco Addition. MM/dw � •. . 2.01 ORDINANCE NO. AN ORDINANCE IINDER BECTION 12.07 OF THS CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMSND APPENDI% C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate those particular 20.00 foot drainage and utility easements originally dedicated on the recorded plats of Northco Business Park and No`rthco Business Park 2nd Addition and now to be vacated which lie within Lots 1 and 2, Block 1, in said Northco Business Park and Lot 2, Block 1, said Northco Business Park 2nd Addition and lying southerly of the northerly 20.00 feet of said lots. The centerline of said 20.00 foot easement is described as follows: Commencing at the most southerly corner of said Lot 1; thence northwesterly, along the southwesterly line of said Lot l, a distance of 62.51 feet, to the intersection with the westerly line of said Lot 1 (said intersection hereinafter referred to as "Point A"); thence southeasterly, along a line passing through a point on a southeasterly line of said Lot 2, Block 1, Northco Business Park distant 29.00 feet southwesterly from said most southerly corner, a distance of 85.00 feet, to the point of beginning of the centerline to be described; thence northwesterly, a distance of 85.00 feet, to the above referenced "Point A"; thence northerly, along the westerly line of said Lot 1, a distance of 379.40 feet and said centerline there terminating, generally located at the southwest corner of 73rd Avenue and Northco Drive. All lying in the South Half of Section 11, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulations adopted at the City Council meeting of , 1996. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. _ 2.�2 Page 2 - Ordinance No. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: e WILLIAM A. CHAMPA, CITY CLERK Public Hearing: First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR November 27, 1995 December 11, 1995 2.03 � _ � Community Development Department PLA►NNING DIVISION City of Fridley DATE: January 4, 1996 TO. �Iliam Burns, City Manager 1► �� 4� FROM: Barbara Dacy, Community Development Director SUBJECT: Establish Public Hearings for Rezoning Request, ZOA #95-01, Vacation Request, SAV #95-02, and Plat Request, P.S. #95-01, by Rottiund Company, Inc. . The public hearings on the original plan submitted by Rottlund Company, Inc. were conducted on July 24, 1995 and August 14, 1995. The public hearing was closed at the August 14th meeting. Since that time, the plan has been revised to eliminate the 48 senior-only, owner-occupied condominium units. As an altemative, Rottlund has revised the redevelopment plan to propose a mixture of 62 owner-occupied, three-story attached townhomes on the east side of 3rd Street and 60 owner-occupied detached uvillage° townhomes on the west side of 3rd Street. The 60 detached townhomes will be marketed such that at least 1/3 of them will be one-story and available to empty-nesters and seniors at a sale price between $90,000 -$110,000. The remaining 2/3 of the detached townhomes will be marketed such that at least 20 will be sold befinreen $110,000 -$120,000, and the remaining 20 at $120,000 and above. As of the writing of this memo, we are working with Rottlund to resolve site plan issues pertaining to the development as well as the plat. Because the overall density of the project has been reduced, review by the Planning Commission is not necessary or recommended. fn order to receive comment, however, on the revised plan, it is appropriate to establish another public hearing regarding the revised plan. Rottlund will be submitting detailed plans by January 12, 1996. Recommendation Staff recommends the City Council establish January 22, 1996 as the date of the public hearings for the rezoning, plat, and vacation requests. BD/dw M-96-4 3.01 �� . �t��t�,� '�;� 5,�, 1; � ��rt 1 4 ,1 J � .y"`� i�. '�� 1�,'` ;,�� ' l�S-�� I.i � ��. � .�C" �,��- J 1�'t'1 t 1•� �-,'�' �`�` �� ;'�� C., �1� ,� � , � �� .-� �., �; �'�` `ti�,lr.�'y°' '.0 � ;. �„l:,.��e�� <f.�� : �� . ��, ��. �ia 1� ;i r -� ..♦ �, ��!� c�� ;,Yi ..c +. � , ��,. �F � :� `+'r��.�� ..;��' �;�: .�_ ,�, � � ��.. s� -1V�/ `,�: !`� _ ' t��'y� r •, �� .� y'J , �•i �� . ; � � � � �`�' `=� <•. �� fC y^.'�� i(.i`y�"✓� . � (I ��r i �`:i �;i' ' � � � �I A�� r./ � .�' ., � �t�1; � � i��*�y. � Y � o-. � i. � . j V i� 1 �+.,, � f i � '�,� � �.' �� ' I ��`.�` � i�� , %r �� i� � �� 1. �.`,T �',;, Q}✓�'. `:Ia � I ��r:1 � �' .� -�� ;,�,. �' �' . �%i?;." .,,� 1 � � `}. -- �.w � Fn��^ . � r� wr�r +b_iier I' �' A'. 5ir�._�I�, TO: William W. Bums, City Manager �� FROM: John G. Flora, Public Works Director DATE: January 8, 1996 SUBJECT: Stonybrook Creek Storm Water Improvement District PW96-009 At the December 11 Council meeting, the public hearing was held on the Stonybrook Creek sub-watershed district. The purpose for the hearing was to establish a district to support the funding of the improvements of Stonybrook Creek. Recommend the City Council consider the attached ordinance as its first reading establishing Chapter 221 entitled "Stonybrook Creek Storm Water Improvement District.' JGF:cz Attachments 4.01 1 �r ��. �: ORDINANCE NO. AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 221 ENTITLED "STONYBROOK CREEK STORM WATER IMPROVEMENT DISTRICT" The City Council of the City of Fridley does ordain as follows: CHAPTER 221 STONYBROOK CREEK STORM WATER IMPROVEMENT DISTRICT 221.01. PLAN The Six Cities Watershed Management Organization (WMO) Plan approved in September 1988 has been adopted and implemented by the City through the establishment of the erosion control, wetland and critical area ordinances as well as the capital improvement program. The Stonybrook Creek storm water improvement project is a result of this plan. 221.02. PURPOSE The purpose of this ordinance is to establish a special tax district for a storm water improvement for properties within Fridley in the Stonybrook Creek sub-watershed. This district will allow for the levying and collection of ad valorem taxes on the properties within the District. District-wide storm water, as well as run-off from properties immediately adjacent to this project has contributed to erosion of Stonybrook Creek. 221.03. LOCATION The special tax district for Stonybrook Creek is identified in Appendix A. 221.04. COST The cities of Fridley and Spring Lake Park have recognized the continued erosion problem along Stonybrook Creek from East River Road west to the Mississippi River. As a solution to this problem, the City of Fridley has agreed to initiate repairs sharing the cost proportionately with the City of Spring Lake Park and the adjoining land owners. The City of Fridley will contribute to the cost of the project. Said payments shall be funded through the special tax district. The City of Spring Lake Park, having properties which contribute to the storm water drainage into Stonybrook Creek, has agreed to pay the City of Fridley $50,000 for a one-time improvement project on Stonybrook Creek. The abutting residents to Stonybrook Creek, after petitioning the City to correct the erosion problem, having agreed by petition to contribute $2,000 per lot to the project. 4.02 Page 2 -- Ordinance No. 221.05. PROJECT This project is designed to correct the erosion problem by extending the culvert from East River Road west behind the first five properties and establishing a controlled drainage ditch for the remainder of the creek's run. 221.06. ESTABLISHMENT OF SPECIAL TAX DISTRICT The properties within the Stonybrook Creek sub-watershed district are determined to contribute to the erosion problem and are therefore subject to an ad valorem tax for their contribution to the area surface water run-off. In accordance with the approved Six Cities Watershed Management Plan established through a Joint Powers Agreement and Minnesota Statutes Chapter 103, the Stonybrook Creek sub-watershed ad valorem special tax district is established for the Stonybrook Creek storm water improvement project No. 246. This ordinance shall be effective from, and after its adoption and publication as provided by City Charter. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: December il, 1995 First Reading: Second Reading: Publication: 4.03 STON�'BROOK SUB WA TERSHED DISTRICT I �..�.�.o�.. 4.04 APPENDIX A CITy OF BRIDI+EY pI+ANNINa COMMI88ION MgETINa • DECEMEgg 20� 1995 c O ORDl�� ; Chairperson Newaian called the Coaunission meetin December 20 g to order at 7;35 ' 1995� planning R_�LL C�L. p.m. Members Present: Members A�Sent: Others Present: APPROVAL OF AGENDA: MO- T- 2_ by Mr . agenda. Dave Newman� I,�Roy o�ist, Brad Sielaff, Connie Modiq Dave Kondrick , Diane Savage, Dean Saba Scott Hickok, Plannin Michele McPherson g �oordinator Michael Boldenow ' planning Assistant Byron BrunS ' BWBR Architects Pam Li a � Unity Hospital P . 7527 Lyric I,ane �quist, seconded by 1►ss, Modig, td apprave the II�ON l�l VOIC$ pOTB. AyL pOTING AYE T88 MOTION C1�IRRIED IIWANIMOIISLY. CHAIRPERBON NgW�N D$C�D MO ON b --...yj•� �vr�MISS ON INU E; No ev �ery1Mr' �q�ist, seconded b � 1995. Plannin y MS• Modig, to approve the g Commission minutes as written. QPON A VOICB VOT$. AI�L VOTINQ AYE TH8 DiOTION CARIZIgD pN�IMOIIBLY. � �IRp$�ON NEWMAN DECI,AggD 1. ATTtir T.,� .__- - ��- o B W R ARCHITECTS FOR � P C A Per Section 205.07.O1.C. TY HOSPITA : allow expansion of a hos�8� °f the Fridley Cit Dwelling district Pital in an Y Code, to N,E, , generally located at�550nOsborne1R ad MO 20 bY Ms. Modi reading of the g' Seconded by lrtr, Sielaff hearinq. p�lic hearinq notice and to o tO waive the pen the pu�lic IIFO�T 71 VOICE VOTL • ALL VOTINa AYE T� �IOTIOW C.A1tRIED AIVD Tgg PpBLIC ��IRPgRgON BSARINa OPEN A�AN DpC�I,AggD Ms. McPherson stated the special use permi t is beinq requested by 5.0 y BWBR Architects. The who is being represented by Single Unity Hospital, ansion of a hospital in an R-1, request is to allow eXP The subject property is located at Family Dwelling, district. Madison StreThe the rear of the property. 550 Osborne Road withcOi nenalonga to the nort ' hos ital which to the east, and Lyri ansion to the P petitioner is proPosing a minor exp 3��50 square feet. will increase the square footage by ansion is along the front of There are currently three canopies along Ms. McPherson stated the area of e� �onnecting the the existing facility. the front of the hospital with a road currently That road would be reconfigured to direct traffiarea�m canopies. to the north toward the larger parking the westerly canopy the canopy to the east. and another entrance would be created Y X ansion is to u ose of the e pital. An Ambulatory Ms. McPherson stated thacesrwithin the hosp atients having consolidate internal SP This unit is for p Care Unit will be created• ical stay between two and twelve rocedures with a typ and the minor p harmacies will be combinedred � one, hours. The two P Radiology Department will also be reconfigu son stated there is no adverse impact to the site in Ms. McPher lrements. The proposed addition is well ric Lane. terms of setback requ� aces. Wa from the adjacent resideitbeladnetrlosssoftsixfspy a y e in parking W11 the right to require The net chang ulation reserving Staff recommends a stip The uses thaoingeon additional spaces if demand Wansionaarenuses currently q currently planned for the exp in the hospital. No additional iberaa�i�eninhthe�ture when patients is proposed. There may arking. patient demand may require additional p rson stated staff recommends.approval of the special use Ms. McPhe stipulation. permit with the following lre additional parking 1, The City rese the needrwarrant lt�• spaces should over the required Mr. Newman asked if the hospital was currently minimum Parking spaces. There are they are pretty Ms. McPherson stated th�s itallusecuhoweveralcula ender the parking standards for h the hospital is probably u stringent. If anything, ross square footage of irements if one werethereadoesanot appear to be a parking requ' gOWever, the hospital. problem. arking spaces that Mr. Newman asked the location of the current p 5.02 z-�� • Y�Y_ • + vI: f � „I' � -- - - - - - - :i�1-`� would be eliminated. Ms. McPherson stated the spaces are generally located on either side of the center canopy. Mr. Boldenow stated he had no additional information regarding the proposed expansion. Regarding the parking, there are two handicap spaces which will be relocated. The loss of six spaces are not handicap spaces. Mr. Sielaff asked if there was a guideline for the number of spaces needed. Is Unity in compliance? Ms. McPherson stated the guideline is one space for every 50 spaces provided on site. She had not calculated the number of spaces. She can do that before the City Council meeting. There was not a concern during the last expansion. There are ordinance requirements. Mr. Boldenow stated no additional patients are expected. Basically, this is a reorganization and the focus is the current direction in medical care to shorten the patient stay. Ms. Lipa stated she lived in the residential area behind the hospital and was also a hospital employee. Regardinq the stipulation, she asked how the need is determined. She feels the parking is cramped. People are parking on Madison Street where the ambulances come in and out. At the change of shift, it is a hassle there. Ms. Lipa stated her other concern is that she would like some assurances that the construction debris is kept up. When puttinq on the surgery addition, the garbaqe was kept well until the end when the they seemed to lose control and she ended up with tarpaper and insulation on her lawn. Mr. Sielaff asked Ms. Lipa if she thouqht parkinq was a problem on Madison Street because people prefer to park there. Ms. Lipa stated there are several things. There is not enough parking. Also, the clinic shares parking with the hospital out front. With the clinic patient parking there, it adds to the problem. It is also easier to qet in and out there. She thouqht that needed to be considered. Mr. Newman asked if there was anythinq they could do as far as the refuse durinq the construction process. Ms. McPherson stated, for the last special use pern�ittinq process in 1993, they did have a stipulatiQA which said they needed to 5.03 pI��iIN(3 COMMISSION MEETING. DECEMBER 20. 1995 PAGB 4 have a construction management plan to address the care of keepinq the debris contained and building materials covered. She was not aware there was a concern with trash. Staff can enforce that through the building inspection division. If there is a concern by the residents, a phone call to city hall would suffice. The city depends on the residents to be their eyes on the street. Staff cannot be on site at all times. There is also a trust situation with the petitioner. Mr. Newman asked if the ordinance could be enforced. Ms. McPherson stated staff can require the petitioner to maintain a clean construction site. She was sure the uniform building code had a section concerning building debris and trash. Mr. Newman stated he did not want unnecessary stipulations. While we all have the best of intentions, there may be a subcontractor who does not care. If the city has an ordinance, it seems the best solution is to depend on the residents to call if there is a problem. Ms. McPherson stated, during the last construction, calls may have gone to the building inspection division of which she was not aware. Through this discussion that this is an issue, she will tell the inspection division so they can monitor the situation. Residents can contact the Chief Building Inspector, Ron Julkowski, at 572-3602, or the Code Enforcement Officer, Kurt Schneider, at 572-3595. Ms. Lipa stated the contractor was very good during most of the project. It was just at the end. Mr. Bruns stated he was the construction manager for Mercy and Unity hospitals. During the last project, he made sure the site was kept clean. They had a lot of comments that the site was kept very clean. If there is a problem, he can be contacted at 780-6924. He is on site during the construction at all time. He will make sure the site stays clean. Mr. Hickok stated staff would notify Mr. Schneider and Mr. Julkowski that this was a concern that they can coordinate with Mr. Bruns. There were no further comments from the public. MOTION by Mr. Oquist, seconded by Ms. Modig, to c�ose the public hearing. IIPON A VOICL VOTB� AI,L VOTING AYL, CHAIRPERSON NEWMAN DECLARED TH8 MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:50 P.M. 5.04 • IY '' • 1 Y�: � I. � C. Mr. Sielaff stated his only concern was that he was not sure if the traffic was a major issue or not. He believed there must be some way to enforce the recommendation. He is comfortable with staff coming up with a way to do that. Ms. Lipa did have a valid point is asking how staff would determine is additional parking is warranted. Other than that, he had no problem with the request. Mr. Newman stated his first reaction before the public hearing was not to have the stipulation. He assumed the hospital was over the requirements. After the hearing, he is inclined not to go through with that. Mr. Hickok stated his observation has been that there seems to be parking stalls away from the hospital that appear to be available. Madison Street in close proximity to the hospital makes it more convenient than the outer areas of the parking lot. If after construction the parking is full, staff can look at additional parking strategies. Mr. Newman stated, at the time of the surgery construction, they discussed the issue of parking. He asked if they had talked about limiting parking on the street. Ms. McPherson stated that is an option. The mailing list for sending out the meetinq notice was very lengthy. Of all the notices sent out, Ms. Lipa is the first to comment and this is the first she has heard about traffic on Madison Street. The City could choose to sign Madison Street as "No Parking" on both sides if there were enough complaints generated by the residents. The City could also limit the hours of parking, etc. Mr. Newman stated Unity Hospital has been a great community citizen and he is qrateful for their contributions. He does not want to act on one comment. He would like to see the petitioner work in concert with staff and the community to come up with a plan. Ms. McPherson stated staff also needs to look at the clinic and the convalescent home parking as well. Several years ago, there was discussion about traffic which seemed to be more toward the rear of the buildinq. Staff will work with residents and the hospital to come up with a solution. Mr. Newman stated this just needs to be monitored at this time. Mr. Sielaff suqgested the stipulation be modified for staff to do some monitoring of the traffic situation and to make a determination if action is warranted. 5.05 PLANNING COMMISSION MESTING. DECEMBER 20. 1995 PAG�B 6 MOTION by Mr. Sielaff, seconded by Mr. Oquist, to allow expansion of a hospital in an R-1, Single Family Dwelling, district generally located at 550 Osborne Road N.E. with the following stipulation: l. The City will monitor the parking and traffic situation and determine if additional parking spaces are warranted. If needed, staff will work with Unity Hospital in addressing the need. IIPON A VOICB VOTL, ALL VOTING AYB, CHAIRPERSON NEWMAN DECLARED THS MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council would consider this request on January 8, 1996. 2. APPROVE 1996 MEETING DATES MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve the 1996 meeting dates as follows: January 3 January 17 February 7 February 21 March 6 March 20 April 3 April 17 May 1 May 15 June 5 June 19 July 10 July 24 August 7 August 21 September 4 September 18 Octcber 2 October 16 November 6 November 20 December 4 December 18 IIPON A VOICB VOTS, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 3. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY & ENERGY COMMISSION MEETING OF OCTOBER 17, 1995 MOTION by Mr. Sielaff, seconded by Ms. Modig, to receive the minutes of the Environmental Quality & Energy Commission meeting of October 17, 1995. IIPON A VOICL VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF OCTOBER 24, 1995 5.06 � � � � _ C • x I Y _ = • � " � � : Y I c :. 1 � c . MOTION by Mr. Oquist, seconded by Ms. Modig, to receive the minutes of the Appeals Commission of October 24, 1995. IIPON A VOICE VOTL, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. ��IVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF NOVEMBER 6. 1995 MOTION by Ms. Modig, seconded by Mr. Sielaff, to receive the minutes of the Parks & Recreatian Commission meeting of November 6, 1995. IIPON A VOICE VOT13, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIBD DNANIMOII8LY. 6. �2ECEIVE THE MINUTES OF THE APPEAIS COMMISSION MEETING OF NOVEMBER 7, 1995 MOTION by Mr. Oquist, seconded by Ms. Modig, to receive the minutes of the Appeals Commission meeting of November 7, 1995. IIPON A VOIC$ VOT$, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRI$D IINANIMOIISLY. 7. REC�IVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF NOVEMBER 9, 1995 MOTION by Mr. Sielaff, seconded by Ms. Modig, to receive the minutes of the Housing & Redevelopment Authority meetinq of November 9, 1995. IIPON A VOICE VOTE� ALL VOTINa AYE, CHAIRPERSON NFWMAN DECLARRD T8S MOTION CARRIBD IINANIMOIISLY. 8. �EC�IVE THE MINUTES OF THE APPEAIS COMMISSION MEETING OF NOVEMBER 21. 1995 MOTION by Ms. Modig, seconded by Mr. Sielaff, to receive the minutes of the Appeals Commission meeting of November 21, 1995. IIPON A VOICB VOTE, ALL VOTINa AYE, CHAIRPSRSON NEIIMAN DECLARBD THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT MOTION by Mr. Oquist, seconded by Mr. Sielaff, to adjourn the meetinq. IIPON A VOICB VOTL, �LL VOTINa AYB, CHAIItP8R80N NEAMAaT DI:CLARED 5.07 PLANNING COMMI88ION MEETING, DECEMBER 20. 1995 PAGB 8 THE MOTION CARRIBD AND THE DECEMBER 20, 1995� PLANNING COMMISSION MEBTING ADJOIIRNED AT 8:00 P.M. Respectfully submitted, Il / �(. •�. L� �Z "L�� ; ; C`�, Lavonn Cooper Recording Secretary 1: DESCRIPTION OF REQUEST: The Petitioner requests that a special use permit be approved to allaw a small addition to the front of the hospital. The purpose of the addition is to consolidate pharmacy and radiology services. Consolidation of these services will allow the creation of an Ambulatory Care Unit (see body of report for further explanation). The total increase in square footage of the hospital footprint will be 3,750 square feet. SUMMARY OF ISSUES: Section 205.07.O1.C. (8) of the City Code requires a special use permit for hospitals, clinics, nursing homes, convalescent homes and homes for the elderly in the R-1, Single Fam�y Dwelling District. The proposed addition will have no impact on the adjacent residential properties located to the east, south, and west of the hospital complex. No setbacks w�l be affected. Six parldng spaces will be lost as a result of the addition, however, there is adequate space on the properiy for additional parldng should the City deem it necessary. The City should reserve the right to require additional parldng spaces should demand require it RECOMNIENDED ACTIONS: Staff recommends that the City Council apprwe the special use permit request with the following stipulation: 1. The City shall monitor the parking and traffic on and near the site, determine if there is a problem, and work with the petitioner to resolve it. PLANNING CONIIVIISSION ACTION The Planning Commission voted unanimously to recommend approval of the request with the stipulation as amended. 6.01 staff aeport SP #95-10, by BWBR Architects Page 2 Petition For. Location of Property: Legal Description of Properly: Size: Topography: Existing Vegetatio�: Existing Zoning/Platting: Availability of Municipal Utl�ltl@S: Vehicular Access: Pedestrian Access: Engineering Issues: PROJECT DETAILS Special Use Permit to allow expansion of a hospital facility in an R-1, Single Family Dwelling District 550 Osbome Road N.E. Northwest Quarter of the Northeast Quarter of Section 11, Township 30, Range 24 31 acres Flat Typical suburban; sod, landscaping, trees, etc. Metes and Bounds, date unknown, R-1, Single Family Dwelling ��• _� z! Osbome Road, Monroe Street Bikeway and sidewalk along Osbome Road None 6.�2 staff Report SP #9�10, by BWBR Architects Page 3 Site Planning issues: DEVELOPMENT SITE Request The petitioner requests that a special use permit be issued to allow the expansion of the existing hospital facility. This expansion will allow the consolidation of the radiology (x ray) department, the existing inpatient and community pharmacies, and the creation of an Ambulatory Care Unit. An Ambulatory Care Unit is for patierrts that will walk-in, have a procedure done, and go home. The length of stay may be anywhere from 2 to 10-12 hours. Examples of such procedures include IV treatmer�ts, endoscopies, miscellaneous diagnostics, or minor surgery (not a common occurrence). The purpose of the creation of this Unit is to separate out-patient, short-term care patierrts from in-pafierrt, long term care patierrts. The total square footage of expansion will be 3,750 square feet. The expansion will result in removal of one of three canopies in front of the hospital. HiStOry The hospital was originally constructed in 1965. Additions occurred in 1970, 1971, 1980, 1982, 1985 (solarium), 1985 (addition to medical cente�, 1991, and 1993. Also located on the property is a mairrtenance garage. In 1993, the hospit�l also installed a traffic light on Osbome Road and constructed a nevv parking lot/revised ewsting driving aisles. Analvsis The proposed addition does not impact the zoning requiremerrts or adjacerrt properties. Six parking spaces will be lost from in frorrt of the hospital building, however, these spaces could be constructed elsewhere on the site should the City require additional parking spaces. The parking spaces will be lost as a result of the canopy being closed and the need to reroute traffic orrto a differerrt driveway. Rerouting this traffic will actually improve traffic flow in front of the hospital, as it eliminates traffic conflicts in fror�t of the Emergency Canopy; the most easterly canopy in front of the hospital. The City has not received complair�ts regarding the parking supply. The City should reserve the right to require additional parking should complaints be received. Recommendation Staff recommends that the Planning Commission recommend approval of the request to the City Council, with the following stipulation: 6.03 Staff Report SP #95-10, by BWBR Architects Page 4 1. The City reseroes the right to require additional parking should demand of the facility wamant it. WEST: SOUTH: EAST: ADJACENT SITES Zoning: R-1, Single Family Zoning: R-1, Single Family Zoning: R-1, Single Family CR-1, General Office Land Use: Residerrtial Land Use: Residential Land Use: Nursing Home Medical Clinic NORTH: Zoning: Unknown Land lJ:� Srxirx,� Lake Park Comprehensive Planning Issues: Public Hearing A concemed resident raised the issue of construction debris and Commerrts: excess parking/traffic on Madison Street. , 6.04 e w s� A!i C H i T E C T S November 17, 1995 City of Fridley Community Development Department 6431 University Avenue, NE Fridley, MN 55432 RE: Unity Hospital Ambulatory Care Center BWBR Commission No. 95060 Dear Council Members: The scope of t�is project is to facilitate a new Ambulatory Care Service while integrating and renovating the existing procedural areas such as Radiology, including C.T. and M.R.I. services. Since the 1993 Surgery Expansion and Renovation, the old O.R. areas have been vacated and will now be developed into the Ambulatory Service Center. Service requirements for the provisions of care to these patients have intensified as new procedures, treatments, and technologies are developed and implemented. To accommodate this, the team is developing a cohesive ambulatory service program. The Pharmaceutical Department will also be consolidating their functions to one location, which will be the expansion westward from their existing Surgery area near the Emergency Services entrance. This consolidation of the department will occur in the courtyard just east of Emergency Services and direcdy west of where the existing Inpatient Discharge area is located at the north facade of the Hospital. Outside of the Ambulatory Service Center, there will be some moderate renovation and remodeling of the existing Radiology Department. Included in this scope is primarily support space changes while maintaining, through phasing, the four existing X-ra.y Procedure areas. _ , Related to the existing Radiology Department is the relocation of the mobile �"''' "' �`' M.R.I. to a fixed location, and the relocation of an existing C.T. Exam Room. ;, ; ' - - � 6.05 City of Fridley November 17, 1995 Page 2 The relocation of these two spaces, along with their support areas, will be situated where the existing canopy and entrance currently designed as "inpatient discharge". Impact to the north facade of the exterior will be: • Loss of six parking spaces. • Increased footprint of building by 3,750 sq. f� • New addition will increase by 8' to the north of where existing canopy is cunently located. • The new addition will be designed to integrate with the existing facade. Currently the Hospital is not experiencing any parking problems and does not foresee any future problems based on the consolidation and renovation of these spaces for this project. As illustrated in the attached graphics, the impact in plan as well as exterior should be minimal. This design will reflect the needs to consider the human scale proportions and detail in order to successfully fulfill the objectives set fourth by our Client. Sincerely yours, BWBR ARCHITECTS, INC. - Michael D. Boldenow Project Architect Attachment 17 November, 1995 6 Os BWBR Architects, Inc. 11-17LTR.DOC SP ��95-]0 BRBR Architects _ _ . _ __ _ _ _ _ �S�+DCJUE � I�� . . . , : _ . ,. . __T_. : >__-,. - --- _- --- - ----. 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No. Sheet No. 51T� PLaN �� 95�m.mm 1 Project U N I T Y H O S P I TA L 400 Sibley Street, Suite 500 Saint Paul, Minnesota 55101 A M B U L ATO R Y CARE CENTER 812-222-3701 6 �Cup�Aighl 9WBR '+rehiteCts , �� L� _ ; � SP ��95—]0 EXiS71NCs BUILDINCs - -, _ �ND C�lOP1' " � � � _ ,,,� ;M� k '� _ I I I � <, , - - .r_ � . _ ..�--- , *tz�' i� r----J-----1------� I -� � __ _ I I i � _: , , , � ---�- - � .� ��i�r � � � � c� -- i �� ' ' ; ,_ ,�,.._ ......�-......._ . -�- - ; � - � I (� ; • � _ __ _._... � � L. --r--� � — _ _ ! �' -t� i � �.-�.. _ �� . � �r _ _ J � � 1 _�'�— , � � ��Y 4� . _. � � h. .� � ..� .�,�T A� ..� _.__ .. _ ' �:-.,.-:- � .-,_ �. .. ,_.-_' `. � ' � � . .-.-:i Sheet Title Drawn Date Comm. No. Sheet No. �LOOR PL�N Il/1'I/95 95060.00 2 Project UNITY HOSPITA� A M B U L ATO R Y CARE CENTER 4U0 Sibley Street, Suite 500 Saint Paul, Minnesota 55101 612-222-3701 ��,p�rignt P,WER Ar�nitects 1`.1�' BIIM�i ARq�T8 SP �F95- 10 BWBR 3rcnitects icon.. �ao.. � P++ApMllcr ; MR , CT `oenw.u�o..� � Sheet Title Drawn Date Comm. No. Sheet No. NORT� �LEV,4Tf ON r►,�r� iv�,i� �m.m0 3 Project UNITY HOSPITAL A M B U L ATO R Y CARE CENTER 400 Sibley Street, Suite 500 Saint Paul, Iillianesota 55101 812-222-3701 BwBR Archit?ets 1�1�' BWBF� ARCHTECT8 DESCRIP'IZON OF REQUEST: The Velishek's request a variance to reduce the side yard setback of a deck from 5 feet to 1 foot, thus allowing a 9' X 15' deck in a residential side yard. SUIVIlVIARY OF ISSUES: Section 205.04.06.(3) of the Fridley City Code requires that decks not extend more than 3 feet irrto arry required side yazd, provided they do not extend nearer than 5 feet to any lot line. The required side yard in this distrid is 10 feet on the living area side of the structure. Public purpose served by this requiremern is to mairnain adequate open space between st�uctures and to allow access and maintenance along common property lines. APPEAIS COMMISSION AGTION: The Appeals Commission vote� unanimously to recommend approval of a variance to reduce the setba�k of a deck in the side yard from 5 feet to 3 feet to allow the consriuction of a 7 foot wide deck. The petitioner � his hardship to the Appeals Commission which he had not submitted in writing The petitioner was pleased with the Appeals Commission's recommendation as it: a. Allows construction of a fair-sized deck with a three foot setback; b. Allows the vertical supports to remain in their original positions; and c. Allows conshtiction of the deck to meet the building code requirements with a 24 foot cantilever. This recomme�dation is within previously granted variances by the City. The attached report is the report which was serrt to the Appeals Commission RECOMIVIENDATION: Staff recommends the City Council approve the Appeals Commission's recommendation to approve a variance from 5 feet to 3 feet. Staff Report VAR #95-35 by Gary Velishek Page 2 PROJECT DETAILS Petition For. A variance to reduce the side yazd setback of a deck from 5 feet to 1 foot, thus allowing a 9' X 15' deck in a residential side yard. Location of Property: Legal Description of Property: Size: Topography: E�cisting Vegetation: Ezisting Zoning/Platting: Availability of Municipat Utilities: Vehicular Access: 8112 Fairmont Circle N.E. Lot 2, Block l, Bourdeaux's Spring Brook Addition. 9,360 square feet Flat Typical suburban; trees, sod, shrubs Bourdeaux's Spring Brook Addition, 1961; PUD Planned Unit Development Connected Fairmont Circle Pedestrian Access: N/A Engineering Issues: N/A Site Planning issues: DEVELOPMENT STTE Section 205.04.06.A.(3) of the Fridley City Cod� requires that decks not extend more than 3 feet nrto arry required side yard, provided they do not extend nearer than 5 feet to any lot line. The required side yard in this district is 10 feet on the living area. side of the structure. Public purpose served by this requirement is to maintain adequate open space between structures and to allow access and maintenance along common property lines. At the Velishek residence (with a side yazd of 10.85) a deck width of 3.85 feet would be allowed. 7.02 Staff Report VAR #95-35 by Gary Velishek Page 3 Fridley's Building Official contacted the Velisheks who were building this deck without bea�efit of a building peimit. The homeowners indicated that they were rebuilding an existing deck that had deteriorated. The City's 1993 Aerial photograph of this site indicates there was a smaller deck whose edge teiminated 4.85 feet from the side property line. ANALYSIS• The Velishek request asks to allow a 9' deck width. This request represents a 5.15 foot variance. ADJACENT SI'TES WEST: Zoning: PUD, Planned Unit Developmerrt Land Use: Residential SOUTH: Zoning: PUD, Planned Unit Development Land Use: Residential EAST: Zoning: PUD, Planned Unit Developmern Land Use: Residential NORTH: Zoning: PUD, Planned Unit Developmeirt Land Use: Residential HARDSHIP: No hardslup submitted except a statement that the reason for this variance is that the petitioners are, "replacing deck". ffiSTORY: ' Staff has no record of an original deck in this location This request exceeds all previous�y ga�rted requests for decks in side yards. AL1'ERNATIVES: An altemative exists for a deck or patio in the rear yard of this residence. Also, a 3.85' walkway from this side door on the home to a deck at the rear of the home is possible. RECOMMENDATION: Staff recorrnnends denial due to altematives that exist and due to the fact that this request exceeds the dimensions of all prior requests. COMPREHENSIVE PLANNING ISSUES: Single family use is consistent with the objectives of the comprehensive plan PUBLIC HEARING COMMENTS: To be taken. 7.03 � ��f : 1 �� ,•- / ; � ,, �� /" i /, / 'r d✓ ��_' ,1� `.� , . ' 1L ,� � , `', .� j � � E---- o� -� „ / ' '��, � n�L � �` �,: - �� _ ��L � .'. .� r ' . 'v `-. .,� . ��i'. �'. � `. •�ti ', l 1 . i :`` ,�:,�� ' �`��; ,`� �, --� O - ' � � � �� t '�...� 1 � � --� �� . �,, VAR ;`95-35 Gary Velishek ___,: , ��, ,� � � � �`� �� '' � � a �. --� �` � � �� ` � �. � 4,:� ' � `� ;� �, � i �,. _ . `, y . ,� .,` "� ��' � � :i': �. i �' - : ',� ' ~.. � i� �") � � � � \ � '� �� \� ` � � �� ` � •l t", 4 � .�' ' J � � "'� ,°"�'..�. � � "9 �,� �, �� -. _�� t � �. _.»........._._...._�___..�..._�..�._._ ....__._.______�—. � VAR ;� 9 �-35 ,.y � , *, , �� ,m �w a Q ....�a �. s•� v� G a r e�71 Z k ��c.�� f::,�a v "'..�J 7J��.i �. U `.� �.� � C� " IfL�. Ca. � � � U Y�� ;.� � ' f � e r . '�..(r�/V�V�l�6..�I��, •�.I� �!'�1��:� '�VI\�,L�.�O,l,� � . , . .�..: . . .. ".. ,� . - .. . .. . .. .. , . �J00 W�ST �' ;l2F3 fh�....STR�;L�.T..�., : � . " 'BURNSVlLLE, MINNESOTA� �� • � y �'� � : ° .� � i t,. � � �S S�..v � `�� O B'�c' v � �o f�' � � . , .. .. _ � ��1�' �IO;Li-r' � . �. � iS, 1y ., � n �_ i u � --,-�,--;, r. � , .. � � i t1.1 = � ;o 0 ii' ' , � Q' �n,a o � a: .. ''y'i,-�.e. .� j � ; " a . J r�l v� .� I D C3 W -- : - - �D .O -- Decl O �i' N . Ci :.Cl..�-, . ' �. . N . � � 1.__ . ' . _1 � T.. , __,._.,�.� _- --�o.o-- --- . — � _... N a9°27'OO" W . —, � ' • , 1�,. �� I �� 0i �� Q � �o ' ; _ �n i �� «1 aO � 1 ,Z � S!! � i , f o'D21�! N+�,,C� � �_ .i.1T1 LlT`� E AS�M�N i ... � . �� , ; ' ;� � . . . `` • . r. � : i ' � j _ ' �� i _�— , •n II �� „ � � � _ ''r� . �, �� _ . .1.�: , � l.� _ v ' ."� : : . I " SC ALE- i" = �o' i o I 1�l D I c l� ;�� i P� i�i I � , ; . ' , � �LL E��A.24I�1G5 A.�.�U;."�� i ; --t_�t�+4L .pC—SG2lP"j'IOt`I '. ' . .�L,. O""t .'-'� 6 LO G{C_ �� ._ I hercby �.:enify thut this surveY, plan or p ��'' . report was,prepared by me or under my dircct �:.60U.._.DEAUX�'`:SPRING 8f2.o0� ADDITfON .�.;1?�t�O1L1�?�,' ;.:;COLi 1�iTY ��'. M 11.1 t�lE'SOTA�. . supervision: and that I am u duly 1Te�istcred . , . ,. • Land Sur��yor undcr thc laws of� the Sr. c , • , of Iv'�' nescta. � _ �. . � ' '�.-�;�-•� - . . . � �Da e?-= q �� Re�. No 3 3� . • . ,, _ - - - --- -- -�--- --- — -- - - . , CITY OF FRIDLEY APPEALS COMMISSION MEETING, DECEMBER 19, 1995 Motion by Ms. Smith, seconded by Ms_ Beaulieu, to nominate Dr. Vos as Acting Chairperson. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY. �CALL TO ORDER: Acting Chairperson Vos called the December 19, 1995, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Cathy Smith, Ken Vos, Carol Beaulieu Members Absent: Diane Savage, Larry Keuchle Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Steven Schwartz, Dealer's Manufacturing Gary Velishek, 8112 Fairmont Circle APPROVAL OF NOVEMBER 21 1995 APPEALS COMMISSION MINUTES' Motion by Ms. Beaulieu, seconded by Ms. Smith, to approve the November 21, 1995, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAII2PERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY. ,�'= �;�=z.. fi_ PUBLIC HEARING: CONSIDERATION OF VARIANCE REOUEST�,"�'AR �9�35_ �° BY GARY VELISFIEK: _ Per Section 205.04.06.A(3) of the Fridley City Code, to reduce the setback of a deck in the side yard from 5 feet to 1 foot to allow the rconstruction of a deck on Lot 2, BIock 1, Bourdeaux's Spring Brook Addition, the same being 8112 Fairmont Circle N.E. Motion by Smith, seconded by Beaulieu, to waive the reading of the notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:35 %•�6 APPEALS COMMISSION MEETING. DECEMBER 19 1995 PAGE 2 P.M. NIr. Hickok stated that the variance request is to reduce the sideyard setback of a deck from 5 feet to one foot. Mr. Hickok stated that the survey indicated a sideyard setback of 10.85 feet from the east property line. No hardship was stated by the petitioner. Mr. Hickok stated that information from the petitioner the day of the meeting indicated that the original dwelling was centered in the lot, however, the dwelling was constructed to an offset stake, as opposed to a corner stake. The dwelling, therefore was not centered in the lot, but 20 feet from the west property line. Mr. Hickok stated that staff originally recommended denial prior to hearing the hardship information. N1r. H'ickok stated that the petitioner has the alternative of constructing a deck along the rear of the dwelling, with a walkway along the side of the dwelling. A deck on the rear of the dwelling could also be constructed. Mr. H'ickok stated that a setback of one foot is greater than what has been previously granted. Mr. Hickok stated that the petitioner was informed that the overhang of the deck past the cross- bracing was greater than the 24 inches allowed by code. He stated that the petitioner indicated he would be willing to reduce the overhang of the deck to meet the code requirements. This would create a smaller deck. Mr. Vos stated that it appeared that something had been built already. Mr. H'ickok stated that was correct. The Chief Building Official observed in the field that construction had occurred, checked the records, and determined that no permit had been issued. Mr. Velishek stated that he had built the house originally, but the house was constructed in the wrong location. He did not realize that he needed a permit to reconstruct a deck He stated that he would be willing to reduce the size of the deck. He is constructing the new deck larger than the original deck. Dr. Vos asked about the fence on the adjacent property to the east. Mr. Velishek stated that the fence has been there for 20 years. He spoke with the neighbors and they did not have any problems with the variance. Dr. Vos asked Mr. Velishek how he felt about the alternative of constructing a walkway along the side of the house, and a deck constructed along the rear of the dwelling.. Mr. Velishek stated that he already had a tot of money invested in the existing deck. He would not be interested in that alternative. He would like to be able to construct the deck to the size of 7.�7 APPEALS COMMISSION MEETING, DECEMBER 19. 1995 PAGE 3 the original deck. He stated that he would be happy to reduce the size of the deck. Dr. Vos asked what the maximum width of a deck that could be constructed. Mr. Hickok stated 3.85 feet. Ms. Beaulieu asked about the cantilever of the deck if the variance was granted. Mr. H'ickok stated that the vertical support membrs would need to be moved in order to construct the deck as it is currently proposed. The petitioner could construct the deck with a 24 inch cantilever, and meet the code requirements. Ms. Smith asked about the distance to the dwelling to the east. Mr. Velishek stated that there was about 25 feet to the adjacent dwelling from the lot line. Ms. Beaulieu asked the petitioner which option he would prefer: reduce the size of the deck or move the support members. Mr. Velishek stated that he would prefer to reduce the size of the deck. Dr. Vos asked how wide the deck would be if it was reduced to meet the code requirments. Mr. H'ickok stated approximately seven feet. Motion by Ms. Smith, seconded by Ms. Beaulieu,to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:00 P.M. Ms. Beaulieu stated the petitioner had a hardship because the dwelling was constructed in the wrong location. She stated that the deck should meet the code requirement, and would support a variance to reduce the deck to 7 feet. Ms. Smith stated that she would grant a variance to 6.5 feet. Dr. Vos stated that his original inclination was to recommend denial. In reviewing the information, he felt that a variance was justified. Motion by Ms. Smith„ seconded by Ms. Beaulieu, to recommend approval of Variance Request, VAR #95-35, by Gary Velishek, to reduce the setback of a deck in the sideyard from 5 feet to 3 feet, to allow construction of a deck in the sideyard, on Lot 2, Block 1, Bourdeaux's Spring %.�8 APPEALS COMMISSION MEETING. DECEMBER 19. 1995 PAGE 4 Brook Addition, generally located at 8112 Fairmont Circle. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Per Section 205.18.03.D.(2) i from 20 feet 2.9 feet to allow of an existing industrial buildi at 5130 Main Street N.E. Motion by Ms. Smith, seconded by Ms public hearing. the Fridley City Code, to reduce the side yard setback ie construction of an 88 foot by 83 foot addition to the rear �on Lot 4, Auditor's Subdivision No. 79, generally located to waive the reading of the notice and open the UPON A VOICE VOTE, ALL VOTING YE, ACTING CHAIRPERSON VOS DECLARED THE MOTION CARRIED THE PUBLIC HEARING OPEN AT 8:05 P.M. Mr. H"ickok stated that the variance request by aler's Manufacturing is to reduce the sideyard setback from 20 feet to 2.9 feet. The original bui ing was constructed in 1961 with a setback of 4.1 feet at the front corner. The variance would ow construction of an 88' by 83' addition. He stated that the lot line is skewed to the building, an the setback decreases as you travel westward along the lot line. � Mr H'ickok stated that the issues reviewed with this r uest included: a shared driveway with Gladwin Manufacturing to the north, and maintenance f the north wall of the building. A zero lot line situation is actually preferable as no maintenanc is needed along the common wall. Mr. Hickok stated that the Commission has two alternativl� request as the petitioner has alternatives which would allov� Recommend approval of the request with four stipulations. Ms. Smith asked what was located to the rear of Gladwin : 1). Recommend denial of the him to meet code, and 2). Mr. Hickok described the conditions to the rear of Gladwin M� circulation is located to the rear of the building as well as a rail An aerial photo of the subject parcel was reviewed by the Com Mr. Schwartz stated that the purpose of the company was to rema engines. In 1984, the Fridley plant was closed. In 1987, a new co was moved into the Fridiey plant. There aze 100 employees at the addition in order to provide additionat room for cleaning and dissa 7.09 He stated that - and additional open space. ture small parts and y, a diesal remnufacturer, There is a need for the dy of engines. The CITY OF FRIDLEY M$ M O R A N D II M TO: WILLIAM W. BIIRNB� CITY MANAGER � �� BROM: AICBARD D. PRIBYL, FINANCL DIRECTOR SIIHJECT: RESOLIITION DESIGNATING OFFICIAL DEPOSITORIES DATE: January 4, 1996 Attached is a resolution that will appoint Norwest Bank Minnesota N.A. as the City's official depository for 1996. During 1995 we converted our banking relationship from Fridley State Bank to Norwest. As you recall this was necessitated based on the purchase of the bank by Norwest. In using Norwest Bank Minnesota N.A., we have been satisfied with their service and have implemented a number of new procedures. The staff is recommending that Norwest Bank Minnesota, N.A., be appointed as the Official Depository for 1996. 8.01 -�s:_� i�M � ��; �� =i� • Fi_ i:� i,�, r, r• ■ •i_� wi•`� w •�� r. - 1996 :1��; r;�: I, Richard D. Pribyl, do hereby certify that I am Finance Dir�ect.o of tiLe City of FYidley, a voYporati� organized �r th�e laws of th�e State of Minnesota. I further oertify that at a me�ting of said oorporatioaz c�uly ar�d praperly called ar�d held oai the day of , 1996, the follawir�g re�.�olution was pas.sed; tl�at a quonun was present at said meetir�g; and that said resolution is set forth in the mirnites of ineetir�g and has nat been resciryded or modified. IT IS �BY RE50LUID, that No�e.st Bank Mirmeso�ta N.A. is hereby clesignatQd as a depository for the fun3s of this c�rporatica�. IT IS FU� RE50LUID, that c�ecks, drafts or oth�x withdrawal on3ers issu�ed against the furrLs of this ooxporatiari oaz deposit with said bank stzall be sic��ed by twoo of t��e follawir�g: Richard D. Pri.byl, Fir�anoe Direc.-tor-1I'r�easurer William W. Burns, City Manager Hc�rard D. Koolick, Assistant Finarioe Direc.�tor and that said bank is hereby fully authorized to pay ar�d c�azge to the avoauYt of this oozporation ariy dleaks, drafts, or oth�x withdrawal ord�xs. BE IT FUR'1� RF50L�JF.D, that Noxw�est Bank Minn�esvta N.A. as a desic�ated depository of the cozporation is h�ere.by requested, authorized ar�d direct.ed to hoa�or c�^.ks, drafts or o�th�er oxders for the payment of mw�y drawn in this aozporatiari's name, includir�g t.tw�e drawn to ths ir�divic�ual o�r of arYY P� or perso�ns whose name or nam�e.s appear thereon as sicp�es or sic�ers thereof, when bearir�g or purportinq to bear th�e facsimil.e sic�atures of two of the follawiriq: Ric3zard D. Pribyl, Fir�r�ce Dir�ecto William W. But�ns, City Mana�ger Haward D. Kc�olic.k, Assistartt Finaire Director arxi No�st Bank Mirn�esota N.A. shall be erititled to Yw�or arxi to c�arge this corporatio� for all s�c� c,h�ks, drafts or oth�er ord�ers, regardless of by �aan or by what means the farsimile signature or signatures � may have been affixed thex�eto, if sv�ch facsimile signature or signatures rese�nble the facs�mile �pecim�r�.s chily oertified to or filed with the Fridley State Bank ar�d its s�ooessors by the City Clerk ar other officer of his oo�poration. B'� IT FLTI��t RF50L�lED, that arry arid all; resolution.s heretofore ac�apt-.ed by the City Cau�cil of the oorporatioai ar�d certified to as gwernir�g th�e aperatiari of this corporation's ac�cunt (s) with it, be ar�d are hereby ooaYtir�ed in full far�ce ar�d effect, ex�ept as the same may be s��pletnented or modified by the fcr'egoin4 p�at.t of this resolution. : 1 i Page 2— Resolutian No. - 1996 BE IT �mt RF50LVID, that all tiansactions, if ariy relatir�q to cleposits, withdraw�als, ar�d barrowir�gs by or cri behalf of this oorporatiari with sai.d bank prior to tiye aclaptioci of this resolutic�r► be, ar,a the saQne nerer,� are, in all things ratified, approved arid oonfiYmed. B� IT FUR'If�R RF'SOL�, that any bank or savir�gs ar�d laan may be t�sed as de�OSitories for iriv�mexYts purposes so lo�g as the ' �ly with authorized ' as set forth in Mi.iv�esaka Statutes. B� IT � RESOL�IED, that tl�ee sicg�atures of tw� of tile follvwir�g named City e�nplayees are required for withdrawal of City irivestmerit fur�ds frc�a savir�gs ar�d loan as.sociati�s : Ric�zard D. Pribyl, Finat�oe D' Wil.lia� W. �, City Manager Howazti D. Koolic,k, AssistatYt Finanoe Director BE IT FURrf�t RE50LVID, that ariy brolsexage fium may be used as a ver�dor for irivestr�rYt puYposes so lc�a�g as tiye irivest�ments oatQly with t%e authorized itYVestmettts as set forth in Miiu�eso�ta Stat�tes. I fvrther oertify that the Cau�cil of this oorporatioal has, at�d at tl�e time of adaptio�t of said resolutior► had, i�ll powex and lawful authority to aaapt the foxegoit�q resolutior�s and to cosifer the powexs tiyerein grarYted tfl the peYS�a�s named �o have full powps ar�d lawfu]. autharity to e�ercise the saame. �i� • 1� •�� • Y�� : � 1 M •• N/ � � I M • ' 1�1 � � �' AZ'I'E'�r: WII�SAM A. Q�A - CI'i'Y Q� : 1 � WIIZIAM J. NiEE - I�iYCfl2 TO: WILLIAM W. BURNS, CITY MANAGER FROM: RICHARD D. PRIBYI., FINANCE DIRECTOR SUBJECT: DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 1996 DATE: January 3, 1996 Attached is a resolution designating the Focus News as the official legal newspaper for the City of Fridley for the year 1996. The Minneapolis Star Tribune is designated as the City of Fridley's second official newspaper for the year 1996. RDP/me Attachment 9.01 ��'1'I�T �. - 1996 •�s: • � •; �;:�_ r �. � • ' M/• �_ • . :�• • • r:�� :,+_ � WF�RF,AS, the charter of the City of Fridley requires in Section 12.O1 thereof that the City Camcil anrn�ally designate an official ne�aspaper for the City. NOW, �E, BE IT RFSOL�7ID that the Focu.s News is designai:ed the official legal newspaper for the City of Fridley for th�e year 1996 for all publications required to be published therein. SE IT � RE.'SOLUID that th�e Minneapolis Star ar�d TriYxu�e be designated as the City of Fridley's second official newspaper for the year 1996. PASSID AND AD�FI�D BY 'Ii� CITY Q7lJNCIL OF Zi� QTY OF FRIDIEY TfIIS DAY OF , 1996. : �� • r• i• • a « �-� 9.02 WIIS�AM J. NEE - 1�,YOR Engineeri�ig Sewe�r W.�ler P,�rk�, ��,St«��; , ��Md� �,_ .,i�... TO: William W. Bums, City Manager �� fi FROM: John G. Flora, �ublic Works Director DATE: January 8, 1996 SUBJECT: Load Limit Designation PW96-001 Attached is a resolution establishing the spring load limits for the City streets. Annually we receive Council's approval to publish the load limits. This allows us to place the notice in the newspaper at an appropriate time based upon the spring thaw. Load limits stay in effect until the County informs us of them raising the limits on the County roads. To facilitate the notification process, recommend the City Council approve the attached load limit resolution for 1996. JGF:cz Attachment 10.01 I� .�� .. ... , : RF.90I�ifI�1 I�7. - 1996 i• • •: � i-•�: � � • . . � •� � �i: •,�° �• :� r.:�^r� � �.i� w •� • n �� i is_ • v SE IT RE80LOID by the City Ca.ulcil of the City of Fridley as follaas: A. 'It1at pursuant to Chaptex 503, City Code of F`ridley, Minnesota, 1978 that c.ca�miencing on the 17th day of March, 1996, ar�d caritinuing uriti.l the 18th day of May, 1996, unless sooner t.exmir�ated or thereafter continued, no vehicle shall be driven or opezated �on arYy street or p�iblic hic�way in the City ur�der jurisdiction of the City where the weight of such vehicle exceeds: �•., *�+ �j,•�� B. 'Il�e above restrictiari shal.l not apply with respect to the follawing named streets or public hic�ways, to-wit: �l4� ��! Ashton Ave.nue Ashton Avenue Ashton Avenue Able Street Alley East of Beech Street Arthur Street Arthur Street B�kar Street Beech Street Benjamin Street Be.rne Road Bridgewater Drive BrookvieFa Drive Camelot Lane Carrie Lane Cheri Lane Ccmunerce Ci.rcle East Cce�m�exr.e Circle Sauth C� Circle West C�x�ce Lane East Danube Road East Moore Iak�e Drive East River R�ad East River Rd. Serv. Dr. East River Rd. Serv. Dr. Elm Street Fillmore Street Fireside Drive Gardena Avenue Glacier Iane Hathaway Lane Hillwind Road Hickory Street Hic�ry Street Industrial Boulevard �ti�l�! 52r�ci Avenue 52nd Way 79th Avenue West NSoore I.ak�e 78th Ave,nue Camelot Iane North Danube Road 73rd Avenue 77th Avernie Gazrlena Avernie Windemere Drive Entire Iengtlz Mi�cissippi Street SQl11Y'e IilV@ Quincy Street 53zr1 Avenue 73rd Avenue C�¢�erce Circle Ea Caa�m�erce Circle 73�1 Avenue Matterhorn Drive T.H. #65 Lafayette Street 51st Way 57th Way 77th Avernie 53rd Avenue T.H. #65 Central Avenue Matterhorn Drive Fiac]anar�n Matterhorn Drive 81st Avernie 78th Avernxe 51st Way 10.02 Drive �,�1 �� Ifldt]StY'ld�. BI.VC�. Ir�dustrial Blvd. Ironton Street Mississi�i Street 79th Avenue 64th Averrue 400 feet norttl Osborne Road 81st Avernie Rice G7eek R�oad East E�d Rioe Creek Ter'raoe AY'�ltlr $�t Jackson Street Fillm�re Street Ccernmeroe Circle Sauth Ccs�unexr,e Circle 73�i Averiue Osborrae Rr�ad N. TnrLSbruck Dr. Central AverYUe 37th Avernie N. to Czil-de-Sac N. of 57th Way 79th Avernie Cheri I�ne Central Ave.nue East City Limits St. M�ritz Drive 430 Feet East Re�gis Central Avernie 600 feet rbrth 79th Avenue Ashton AverYUe West D�itre Resolution No. Page 2 �4; �1�! JaGk.son Street K�e_"ry Tana Kristin Caurt Lak�e Pointe Drive Lynde Drive Main Street Main Street Matte.rhorn Drive Mississippi Street Nlpnroe Street North Denube Road North Innsbruck Drive Osborne Fboad Osborne Way Polk Street Quincy Stxeet Ra�nex Pass Rarx�.hQrs RQad Regis Drive Regis Iane Rice Creek Road Ricz Cr'ee.k Terrace Riverwood Drive St. Imier Drive St. Moritz Drive Stinson Baulevan�i squire Drive Trollhagen Drive West Darn�be Road West Moore Lake Drive Wir�demere Drive 3�1 Street 5th Street 7th Street 7th Street 7th Street 45th Avenu�e T.H. #47 E. SeYV. Dr. T.H. #47 E. Sexv. Dr. T.H. #4? E. Serv. Dr. T.H. #47 W. SeYV. 1,�. T.H. #47 W. SeYV. I?r. 51st Way 52nc1 Way 53n3 Avernie 53Z13 Aventle 53ni Way 57th Avein� 58th Avenue 61st Ave.rrue 63rd Averu�e 64th Avenue - 1996 �;.�:�I Carrie Iane Ben M�re Drive StirLSOn Bc,uleva�3 7th Street Hillwitxl Road Osborrye Rpad 44th Avenue I-694 Clros.sing East River R�oad 63rd Averiue West D�anube Road Matterhorn Drive Stinson BoulevaYt3 East River Road HacJanann Avenue 57th Avenue Glacier Iane 77th Avernie Hathaway Iane Regis Drive Central Avernie 68th Avenue 71st Avernie Berne R�oad Trollhagen Drive Osborne Road Rice Creek Road Matterhorn Drive North Dianube R�ad T.H. #65 (N.Moore I�)c�e) Trolll�agen Drive 49th AverYUe 61st Avenue Madison Street 53rc1 Avenue 67th Avernie Main Street 53rd Avenue 400 LF So 57th AverYUe 69th Avernle 73ni Avenu� Mississippi Street E. River' R�oad Ashta� Avernie Ma3n Street Matterhorn Drive E. River Road Ser. Dr. T.H. #47 Jacl�s�► Street Starlite Blv+d. T.H. #47 Arthtlr Street �� 1� 58th Avelnle Rioe GreeJc R�d thrr�x�i cul-de-sac West M�oore Iake Drive Pblk Street 83rri Avenue 61st AvemLe Ga►Ydena Avenue Sti.nson Bo�lleva� Rioe C'�ep.Jc Terraoe N. Inn�sbruck Drive East City Limits Ea.st River R�oad 75th Way Lyr�de Drive Carrie Tar� Sauth City Limits 81st Avenue Regis Lane Matterhorn Drive East City Limits Brookview Drive 71; Avernie South City Limits Sauth City Li.mits 73xc1 Avenue C�melot Tarw St. Imier Drive South c�l�i,e-sac T.H. #65 (S.Mocre Iake) 2'rollhagen Driv+e 53rd Avern�e ;��;�Gippi Street 900 feet sulth 67th Avemie 68th Avenu�e University Avern�e N. Approx. 500' Mississippi Street 73rd Avenue 85th Averrue S. App�rnt. 800' Irrdta.strial Blvd. ?.ndustrial Boulevard T.H. #65 E Approac 300 ft Fillmore Street Ir�strial Bailevard Quinc�.Y Stre�t West Moore Iake �ive West Moore Iake D�ive Monroe Street Old Central Avera�e Resolution No. Page 3 �4;�� T.H. #65 E. Setv. Dr. T.'_•I. #65 E. Serv. Dr. T.H. #65 W. SeYV. I�. I T.H. #65 W. SeYV. I1r. 67th Avernie 69th AvexYUe 71st Avenue 71� Way 72rri Avenue 73rd Avenue 73rd Ave.nue 76th Way 77th Avernze 78th Avenue 79th Ave.nue 81st Aveinxe 83�1 Avenue - 1996 � ��; M Osborne Road 63n�3 Avenue Osborrye Road 73rd Avenue Monroe Street Central Avenue T.H. #47 200' west of Alden Cr T.H. #65 Central Avernie Car�m�xr.e Lane Alden way East River Road E. Burlington No. �/W E. Burlington No. 1�/W Hickoly Stxeet Main Street �� Firesicle Drive Sautlz F�d Sauth 800' SCA1t�1 �'ld Jefferson Street East City Limits City Garage to cul-de-sac Central Avernie Stinson &xtlevard Central AverYUe East to cul-de-sac Rarx�iers Road Main St'xeet T.H. #47 T.H. #47 T.H. #47 ar�ci the weight limit with respec.�t to such streets ar�d highways is: �.;, �:�; ::�:� C. Notice of these restrictions shall be published with respect to each of su� streets ar�d hic�ways arid whPn so publist�ed, the restrictions shall be in full forr�e ar�d effect; ali as provided th�x�eof, ur�dex Chapter 503, City Code of FYidley, Minnesota, 1978. D. A vehicle in ea�oess of � limits may be aperated or driven �on a street or publist�ed hic�way in the City witl�cxit violaticaz of law when the same is dr.��e �r1ex Special Pexmit thex�eof i.��ed in ao�on]anoe with the provisiar�s of Mir�sort�a Statutes Sec. 169.87 whi.c31 are ' ;�ci and made a part hereof by reference the same as if fully irxx�rporated herein. E. 'Il�at sciwol bus aperators are given special permit to proceed with normal aperation � their regularly established rautes and at regularly established hcxu^s, said permits to be isstiied by the Public Works Director. : �� i� • �• • �� - M •� li w• •i� r:�- w _T •i� • �� :� _ _ r: i��` il� 1r• •� i�lY4�:`11�A WILLSAM A. CHAN�A, CITY CLEl2K WILLIAM J. NEE, MAYOR 10.04 t� .��. .. �'!. .. . -� ��?' . L1'j'��. ,��: �..\�.;'�' ::�' �:;�.•�+:','+''�� `\i ��: „•^�� 'T�i .�.�j jJ;V,y;',^;s,:;^' �... , � . � y��;:;"•�."�',°��" j;��j ;� ��, �t �.i,�� , ;•�+�i� -5 Di �� Y'�'�,`°' �� _ � � (� ( �- � � / � � �/ � _ ■ �� V � :�� M, ,^ I .' � n C� � � � � " �— � CITY Cf FR'�L�Y �- —�"'� � �F��_ ••p•• .01„ .•�u • � VOTING � i SC110O1 51� r` p�STRICTS �� p1STPoCTS � �_-- .....� _.»_ ��` ,... ' _ ;=i I._,�,^' .....- . i, .. '- '1�--=-- .. _, �._ � '� : i d _ ��.y =�`� � � -�-- - -.- � -� .�.�.�_- _ e _. o _ . o__ - : - :.-� . �.� � � r ~ ! SPA�- NG _ `�� K,. _�_. � . • ' .� . ` ,,KEI ' �' ! 1� -sa- .._. _......... _. . l._._ ..� ....._.....w ^r 't ' � 'r - _ a` . -� __ � ' i — — ' � �i �� f � ' � I i' _ ' � � _ �• �� si.# '. : � :°_: r�sl7�i/�� . T�=--..y ..� r-�r--� _ - � �: � �.I�,M_ ..... ! � --- � -- J� � ' • o : : 4�.= ;:. I � � ot •.. - - •— " :, — -`.� , �• , . _ i "�� j=-::.-�' _.:��:••e'•'4°:�{' l�._._ �;r\� -� n O; . , �� t • '� y j� ?•Is--�-,� I" � '-J.i� �� ;` �� _ --Y ,�: ` �,�...�1� [J -'�; �i ; �.' ��TI[�1�1 � '� �U � r• E •> �AI� e. I' Ma�RE '�v/ � i ; �—.• , j, �" � �� 1 �� i,�; � "z;i"� ��i�� k ; �*�1 �,�� -- '�"'��,j'r'�� ` :kr �`' � • � E / -,/ '� ��'�i�l��.i��'� ��-=�- � :� . � - "'�� ' r-, �Q .i , �� ; �;�=- �� +�►�`� � � �, � ' ; : �� S 0 � � o � �' � ' � ��' � � ' I 1 ,Y � I'.� � k �. e�r . Sir�, t; M1te� iir� TO: William W. Bums, City Manager c�� PW96-008 � FROM: John G. Flora,�lic Works Director DATE: January 8, 1995 SUBJECT: SRA Appointment The City continues to remain a member of the Suburban Rate Authority (SRA). Accordingly, we need to designate by resolution the City's representatives. For the last number of years the Council has designated the Public Works Director and the Assistant Public Works Director as the representative and altemate representative to the SRA. The attached resolution formalizes the appointment in accordance with the SRA criteria JGF:cz Attachment 11.01 �,� •u •. .� RESOLUTION N0. - 1996 RESOLIJTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBIIRBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows: WHEREAS, the Public Works Director, is hereby designated to serve as a Director of the Suburban Rate Authority, and the Assistant Public Works Director is hereby designated to serve as Alternate Director of the Suburban Rate Authority for the year 1996 and until their successors are appointed. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 11.02 WILLIAM J. NEE - MAYOR � L QTY OF FRro«r CLAIMS JANUARY 8,1996 CLA/Ms 65801- 6602� 13.01 � � C(TY OF FRIDLEY January 8, 1996 LICENSES Type of License: B� CIGARETTE Total Station Sikander A.Dar 53f1� Central Ave.N.E. Fridley, MN 55421 FOOD ESTABLISHMENT Total Station " " 53(l(1 Central Aue. N,E. Fridley, MN 55421 GAMBLING PERMIT Great Plains Assistance Same Dogs Foundation Inc. 92� Short St. P.O. 513 Jud, No.Dakota 58454 ON SALE BEER . Gourmet Village, Inc. Bac Vien Truong 789(l University Ave.N.E. Fridley, MN 55432 RETAIL GASOLINE Total Station Sikander A. Dar 53�0 Central Ave. N.E. Fri dl ey, P�N 55421 EDDLERS(CH�RRITRBL� ''(?R�RiV��/�1`��NS} � outh Today, Robt. Lewis eader Tomorrow Inc� 840 Sorell Ave No, pls. MN 55411 14.01 Flpproved By: David Sallman Public Safety Director David Sallman Public Safety Director �� Richard Larson Fire Inspector W David Sallman Public Safety Director Fees: $3Q.�(l $45 . Cl0 $25 . (l(l $325.Q0 $60. �(1 Exempt ' � .�� 1 iA � P,: :i4 GN OF FRIDLEY ELECTRICAL Anderson, Glaude M Electric Co Inc 1551 Payne Ave St Paul MN 55101-3218 Positively Electric Inc 23060 Oakciale Dr Rogers MN 55374 ��I��T��'� John Schroepfer Larry Weniger GENERAL CONTRACTOR - COMMERCIAL Elder Jones Inc 1120 E 80 St #211 Bloomington MN 55420 Tim Schenk Giertsen Company 860 Decatur N Golden Valley MN 55427 Lane Construction Service Inc 7015 Brooklyn Blvd #202 Brooklyn Center MN 55429 Siverhus Construction 11448 Goldenrod St Coon Rapids MN 55448 Dennis Fisher Tony Lane Doug Siverhus GENERAL CONTRACTOR - RESIDENTIAL Affordable Roofing/Blazek Construcdon (EXEMPT) 9620 25 Ave N Plymouth MN 55441 Bill Blazek Beissel Window & Siding (6453) 153 E Thompson West St Paul MN 55118 Creative Design & Finish Inc (5557) 1815 Oregon Ave S St Louis Park MN 55426 E L Construction (5860) 14701 Oakwood Rd Minnetonka MN 55345 Josh Beissel Ivar Grodahl Paul Weld STATE OF MINN Same RON JULKOWSKI Bldg O�cial Same Same Same RON JULKOWSKI Bldg Official STATE OF MINN Same Same _�,. i � JTw co�par�y �ZOOO��ao> 13415 54 Ave N Plymouth MN 55442 HEATING Mobile Home Improvement Service 6325 Bailey Trl Inver Grove Heights MN 55077 North Metro Heating & Cooling 5337 Jackson Dr Mounds View MN 55112 PLUMBING Dempsey Dave Plumbing 15985 Barth Dr Big Lake MN 55309 M& D Plbg & Htg Inc 11050 26 Street NE St Michael MN 55376-9231 P& D Mechanical Contr Co 4629 41 Ave N Robbinsdale MN 55422 Plumb Right 121682AveN Brooklyn Park MN 55444 Jerome Wold Rodger Espeseth Joseph Mathews David Dempsey Melvin Daleiden William Daugherty Dale Carter 14.03 Same RON JULKOWSKI Bldg Ofticial Same STATE OF MINN Same Same Same TO: WILLIAM W. BIIRNS, CITY MANAGER � FROM: RICHARD D. PRIHYL, FINANCE DIRECTOR HOWARD D. ROOLICR, A88IBTANT FINANCB DIRECTOR SIIBJECT: RESOLIITION TO TRANSBER FIINDS FOR FRIDLEY PRIDE CITY WIDE E%PENSES DATE: January 4, 1996 Attached you will find a resolution authorizing the transfer of up to $190,000 from the Closed Bond Fund to the Solid Waste Abatement Fund to fund the unbudgeted portion of the Fridley Pride City Wide activities. Total costs to date for Fridley Pride City Wide, as detailed on Exhibit A, are $206,457.92. The City received cash donations totaling $1,275 and revenue from recycling light bulbs of $1,057.62 to offset costs. Since $16,000 was budgeted in the Solid Waste Abatement Fund, the unfunded portion totals $188,125.30. By authorizing a transfer of up to $190,000, Council will have approved funding for any minor bills that may have not been received yet, although we are not aware of any at this time. 16.01 RESOLIITION # - 1996 A RESOLIITION AIITHORIZING THE TRANSFER OF IIP TO $190,000 FROM THE CLOSED BOND FIIND TO THE SOLID WAST13 ABATEMENT FIIND. WHEREAS, the City undertook a citywide clean up and neighborhood pride project entitled Fridley Pride City Wide; and WHEREAS, the 1995 budget included $16,000 for the administration of this project since its the final size and scope were not known at the time the budget was adopted; WhEREAS, the City Council has long recognized that an transfer from the Closed Bond Fund would be needed to fund the project costs in excess of the budgeted amount; and WHEREAS, the final cost for Fridley Pride City Wide exceeds the budgeted amount by approximately $190,000. NOW, TiiEREFORE, BE IT RESOLVED that the City Council of the City of Fridley hereby authorized transferring up to $190,000 from the Closed Bond Fund to the Solid Waste Abatement Fund. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 16.02 EXHIBIT A FRIDLEY PRIDE CITY WIDE COSTS As of December 31, 1995 ADMINISTRATION Consuitant Fees Printing Postage Signs Entertainment Clothing Food Rentals Paper Products Copies Security Mileage Logo Advertising Contest Winner Phone Insurance Misc. Supplies Total Administration CURBSIDE Tree, Brush and Branch Removal Appliance Removal Usable Fumiture Removal General Refuse Total Curbside DROP-OFF CENTER Tire Removal Flourecent Lamp Used Oil and Filters Demolition, Concrete, Asphalt Total Drop-off Center BUSINESS BEAUTIFICATION AWARDS TOTAL COSTS 19,703.81 4,406.13 2,961.71 2,092.19 1,750.00 2,161.50 904.74 271.58 245.14 218.09 213.00 178.35 161.48 86.80 50.00 13.69 1,631.00 154.28 37,203.49 68,986.50 11,533.00 2,663.46 70,356.48 153,539.44 2,098.20 1,493.87 948.00 8,759.72 13,299.79 2,420.00 �� :. u_ � {a#a!�i�� rx., i.r.��,�i��, �.;. .� � ;`..i�i°�� f t 'f'�,��I '-/.. , • .; ,. ..;• . � •-••: >... S.. � ' ` 16.03 � _ � DATE: TO: Community Development Department P G DIVISION City of Fridley January 4, 1996 �Iliam Bums, City Manager � j� !II FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Disadvantages and Advantages of Vacating 66th Avenue between Lucia Lane and Pierce Street Staff met to discuss the disadvantages and advantages of vacating 66th Avenue between Lucia Lane and Pierce Street adjacent to 6601 Lucia Lane N.E., property owned by Anthony and Joyce Swanson, the petitioners for variance request, VAR #95-31. We determined the following: Disadvantages: 1. The vacation of 66th Avenue eliminates an access altemative to Lucia Lane should the State or County construct a median in Mississippi Street. Staff has contacted the County to get information regarding the possibility of a median at Mississippi Street, east of Trunk Highway 65. The County lists the intersection improvement as a°mid range project" to occur five to ten years from now. The exact length of a median has not been determined and could range from 300 feet to 780 feet. In the event that a median is constructed at a length that limits tuming movements to Lucia Lane, constructing a connection from Pierce Street to 68th Place would be an altemative that would allow residents to get back to Lucia Lane. The right-of-way would have to be acquired, or an "official map" adopted to resenre the right-of-way. A number of property owners are affected and a detailed engineering study should be conducted to determine if the road could be built. 2. The land to the north of Pierce Street is zoned for multi-family development. The elimination of 66th Avenue would force traffic to use Lucia Lane alone versus using 66th Avenue for east bound traffic. 3. Vacation of 66th Avenue eliminates a shorter right-of-way and a lower street cost when comparing it to the Pierce Street and Lucia Lane connection. 17.01 Advantages/Disadvantages to Vacating 66th Avenue January 4, 1996 Page 2 4. Utilities are currently in place in the 66th Avenue alignment. A right-of-way allows for a combination of both street and utilities. Although an easement could be reserved, the right-of-way is more efficient. 5. The official mapping process for the Pierce Street extension is far more lengthy than simply installing the improvements in an existing right-of-way. Advanta4es: Creates an interior lot for the petitioners. They could then construct a double garage without requiring a variance. 2. The adjacent property owners could continue to use the property legally. 3. It increases the tax base to the City. 4. It eliminates the potential of a future road too close to accessory structures. Pa�tial Vacation Staff believes that partial vacation of the street would also not be an advantage to the City because of the reasons stated above. Utilities We have determined that a sanitary sewer line is located within the south 30 feet of the right-of-way. This area would also be a logical location to "loop" the water system to improve pressure and quality. Staff requests that if the vacation is approved, a 30 foot drainage and utility easement be retained over the south 30 feet of the right-of- way. Recommendation Based on the above analysis, staff recommends that the City maintain the right-of-way at 66th Avenue. Staff will continue to look for garage alternatives to meet the petitioner's needs. If the area is vacated, a 30 foot utility easement should be dedicated. SH/dw M-96-5 � 7.02 VAR ��95-31 Anthony�Joyce Swanson . , , � /c i� _rg! ��!--�Io - -�'- �./ b F � � � — � i � . � � . �� }�, � � � � f� e � � '�raet +- 1 ° '` 3 `; :�� I06 Z � i� ,`' � • E "'� � . 4 ; � ,s p ` W /I • , ` "• .� .� . E K � - 6 w"� r �' � � ' Z , `i�� r.� � I �:; -��3 ' p ,, j � ��;� H. AVEQ � _ - � ` �� 5 � , � � • W •� � 1�i� � 4 � . � ,:�.. � � t �' tio,� � 19 �G� Q ,S �e�17 � . � � � - �' .. �. �9 �g . � . � . • �} --�-�- � . � . ,. ; c.�' ' 3 ' , „ g� "' ; �-�� RIC �aCREEK ��+ '� 239 � JI � ■ �4RK� ��' ., o `'. 'i �� s �• 'f��r' 7�•y�' 1 7r1p,1i!2� �� 4�y � . �,��fYV'�� ,` � �p9 �r + �z /-! r 2'�� •• � �+�, � �f,, , � � ��"' � 4 �< ^� � /� /.+ ii �� • • a -,v .e_ s ;.;-►' � °� ' • � I C " 1� � i 4 ; 4 • • • �~. _ 4 � __ �. �C c:.. d � g� � 7 � � _ , . � � z A q.a �-f se . s . G. , 5 9 d � 1� ___.... �� • � 4 • 3 � • -. . .-- — �";/'.'. S � �$�� W. V • r• � 1g �....:: .4 B Z c s i s` z � s•� , � � V �-., — 4 �, � �. ,_ V d f- W c i ��.•• � � s � f > 4 � � 2 ,,TH. 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Q � •� �O /0 9 B ,.X.�., i 2s �8 '.z•.• a� t a sa � .. /q� � _ :•�r.• Z r� s c� �s z • '��' 3 � a, .'�'•' .�: t_ _� o �� i3 ii yo �O 0 •�r•� .•l . 4 1 � �:•. . �_ _ _ a �� ` .•� Y W � i i� _i � u 'O� � - � 3 • C � 3 9 _� Q� / 4 3 v, 209 / 4 i? i o 8 f 1 69 > - � 24 i� , �r r � v r .. .` R p .. �� s j R I C CR E E ii RO Irv' fO11 � � C;, •� N E, � �7 � I � � a 1 't' a 3 HER AL 1� DISTRICT LEGEND 4 f 11-t ON! fAYll� OWO'f ❑ Y-t LIONi INDUfT111AL � �._ �WO f�Yl�t DN0�5 � M�= MlAVY INpUfT111A1 . V R-� GEN. MUITI�IE DWO'f 0 ►YD �IANN[O YNtT D[Y. � � 11-• MOOILE MOMf P�11R � 3-1 MtD[ �AIIR N[ION�OIIMO00 ❑ • • � �� • • • • , • RUlLIC R11GIL1T1!! � f-! A[D[YILO►Y[NT OI�TIIICT � � ��• • � v-1 LOC�I 9YfINE86 � O-1 CII[[R � ��V[II �II[ft�Y�T10N � � �� •�� C-� 6lNENALlYbIM8f5 � O�Z CIII71CAlAl1l11 � ' wN • � �✓i�c � � C-� OENlRAL SMOVPINO � � �� • � V�CAT[O fTI1LtT/ � � � � Y� C-111 GENEN�L OfflGf • '�^� 17.03 Zt)t�ING MAP DESCRIPTION OF REQUEST: The petitioners request that a variance be granted to reduce the side yard setback on a corner lot from 17.5 feet to .5 feet. If approved, the variance would allow reconstruction of an existing garage. The property was granted a variance in 1965 to allow construction of the existing garage to 3 feet. SUMMA][2Y OF ISSUES: The subject parcel is located at the intersection of 66th Avenue and Lucia Lane. The subject parcel is located adjacent to the paper right of way of 66th Avenue; 66th Avenue is an unimproved street. The petitioner has three altematives which would meet the code: Vacate 66th Avenue; 20 feet would accrue to the petitioner's property. 2. Locate the garage at the 17.5 foot setback. 3. Locate the garage 25 fe�t from the south property line and acquire an easement from the City to drive on the 66th Avernie right-of-way. The Council could choose to grant a variance to maintain the 3 foot encroachment. The request exceeds all previous requests of this nature (five feet is the greatest variance granted). RECOD�IlVIENDED ACTIONS: As the request exc�eeds previously granted variances, staff recommends that the City Council deny the request. APPFALS CONIlVIISSION ACTION: The Appeals Commission voted unanimously to recommend deniai of the request to the City Council. Petition For. Location of Properiy: Legal Description of Property: Size: Topography: Eaisting Vegetation: Eaisting Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: PROJECT DETAILS Variance to reduce the side yard setback on a corner lot from 17.5 feet to .5 feet. 6601 Lucia Lane Lot 4, Block 1 Alice Addition 8,391.73 square feet Flat Typical suburban; grass trees, shrubs, e�tc. R 1, Single Family Dwelling; Alice Addition, 1963 Connected Lucia Lane n/a Possisible vacation of adja�cent street. 2 17.05 Site Planning �u�: DEVELOPMENT STTE Property Description and H'istory The subject parcel is located at the intersection of Lucia Lane and 66th Avenue; with 66th Avenue unconstructed. Located on the subject pazcel is a 20' X 40' single family dwelling unit built in 1964, and a 14' X 20' deta.ched gazage built in 1965. The petitioners are proposing to remove the e�usting garage and construct and new garage 16' X 24'. In 1965, the City granted a variance to the properly owner to reduce the side yard setback from 14.27' (the distance of the dwelling to the south property line) to 3' to allow construction of the garage. See attached zoning code section from 1963. Analysis Section 205.07.03.D.(2).(c).((1)) of the City Code requires that the side yard setback on the street side of a corner lot shall not be less than 17.5 feet. Public Purpose served by this requirement is to maintain a higher degree of tra�c visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. The petitioner is proposing to expand the garage to the south and east. This reduces the setback from the three feet granted in 1965 to .5 feet. The petitioner could choose to expand the garage to the north, thereby maintaining the existing encroachment. The subject parcel is unique since it abuts an unimproved right-of-way. The dwelling on the adjacent property to the south faces the same direction as the dwelling on the subject parcel. The dwelling on the property to the rear faces Pierce stre�t, so there is no "line of sight" encroachment or traffic issues. The fact remains, however, that the City could conshuct a street within the a 50 foot right of way between Lucia Lane and Pierce Street. Sixty-sixth Avenue does exist between Pierce Street and Channel Road to the east. If the variance were grarned, and the stre�t constructe�, the structure would be si�c inches from the right of way line, and 10 feet from the wrb line. The petitioner has the following altematives to pursue in order to meet the code (see aitached cirawing): 1. Vacate the 66th Avernue right of way between Lucia Lane and Pierce Street. Twenty fe�t would accrue to the pe�titionei's property, thereby eliminating the need for a variance. All property owners abutting 66th Avenue would have to consent to the vacation. Staff understands that there ma.y be at least one owner who objects to this optioa 17.06 2. L.ocate the garage behind the house 17.5 feet from the property line. This would require relocating the patio and e�sting garage slab. There is adequate room on tt� site to accommodate this option. 3. Locate the garage behind the dwe:lling facing the south property line and 25 feet from the propaty line; acquire an easemern frc�m the City to drive on the 66th Avenue right of way to access the garage. The Comrnission could also choose to grarrt a. variance to maintain the existing encroachmern of three feet. Recommendation The request exceeds those previously grarited. Sta� recommends that the Appeals Commission recommend denial of the request to the Cit}► Council. WE T: SOUTH: EAST: AD�fACENT STTES Zoning: R 1, Single Family Dwelling Zoning: R 1„ Single Family Dwelling Zoning: R 1, Single Family Dwelling NORTH: Zoning: R 1;, Single Family Dwelling Comprehensive Planning Tssues: N/A Public Hearing Comments: To be taken 4 17.oi L,and Use: Residential Land Use: Reside�tial Lv�d Use: Residerrtial I,and Use: Residernial. • 45.28 ZONING S ID E Y A.RD E XC E PT I O N S 45.24. The side yard width on a sueet side of a corner lot shall be not less than 1/2 the distance of the front yard depth requirement for the lot to the rear thereof when said lot to the rear thereof has frontage alonp a side street, and in such case no accessory building on said corner lot shall be closer to said side street than the dis- tance of the front yard depth requirement for the lot to the rear thereof; provided, however, that this regulation shall not be so interpreted as to reduce the buildable width of a corner lot to less than 25 feet, nor to prohibit the erection of an accessory building where compliance with this regulation cannot reasonably be had. The side yard on �he side of a private garage, attached to a dwelling at one side, may be re- duced co not less than 5 feet, provided che height of the building on that side is not more than 15 feet. R E A R Y A RD S 45. 25, REAR YARDS REQUIRED. R-1 and R-2 Districu: A rear yard with a depth of not less than 25 per cent of che lot depth is required, with not less than 25 feet permitted or more than 40 feet required for a dwelling, and not less than 30 feet permitted or more than 75 feet required for any other kind of main building, 45.251. R-3 Districts: Same as in R-1 and R-2 Districts, provided that 1 addition- al foot of depth of rear yard is required for each 2 feet or portion thereof, of building height in excess of 35 feet. 45.252. C-1 Districts: A rear yard is required only for a building containing any dwelling units and on any lot, the rear or side line of which adjoins any R-1, R-2, R-3 or C-1S District. and the depth shall be not less than 25 feet. 45.253. C-2, M-1, M-2 Disuicu: Same as in C-1 Districts, provided that 1 addi- tional foot of depth of rear yard is required for each 4 feet or portion thereof of build- ing height in excess of 35 feet. 45.254. REAR YARD DEPTH: WITH .ALLEY ADJOINING: In computing the depth of a rear yard for any building where the rear line of the lot adjoins an alley, 1/2 of che width of such alley may be included as rear yard depth, provided, that the rear yard depth acrually on the lot shall be not less than 20 feet in any dwelling district and not less than 10 feet in•any other district. F R O N T Y A R D S R E Q U I R E D 45. 26. R-1, R-2, R-3 and C-1 DISTRICTS: A front yard with a depth of not less than 35 feet is required. 45.261, C-2, M-1, M.-2 DISTRICTS: None, unless a block is partly in a C-2, M-1 or M-2 District and partly in another. district, in which case the front yard depch required in such ocher district shall apply along its entire length. �'. �/. '�° �xx�. ;�� :��: _`�.` '� :�+:<; "�- . r x:- F R O N T Y A R D E X C E P T I O N 45. 27, In a block where the average of the front yard depths of existing buildings �:r: within a distance of 100 feet on both sides of a building to be erected is not more than �'�> 6 feet greater or not more than 6 feet less than che front yard depth required for che :: ___ dis�ict in which such block is located, the front yard depth for such building shall be -�-_ not less than such average depth. Shduld this difference be more than 6 feet che board of appeals ma}i vary the front yard requirement for the building. 4 L O T A R E A S R E Q�U I�R E D 45, 28. R-1 DISTRICTS: A lot area of not less than 9, 000 square feet for a dweil- R-1 D I S T R I C T ing is required, or not less chan 7, 500 square feet, if the lot is one on a subdivision plat recorded prior to the effective date of this ordinance, or on a piat approved by the City council subsequently, provided that an area of not less than 18, 000 squarg feet is required for a lot unserved by a City sanitary sewer or art approved private, community sewage disposal system, or not less than 10, 000 square feet if che loc is one on a subdivision plat recorded prior to the effective dace of this ordinance or on a plac approved by che City council subsequently. (1-2-63) i 7.�� 91 f, t: gr fc tr'_ b �: lc if in in al: for 75 or ple noc uni sel is � ;, 75 ily CITlC OF FRIDLEY ASSE:iSOR' S OFFICE MEMORANDUM To: Michele McPherson, Planning Asst. From: Leon Madsen, City ��ssessor Subject: 66th Ave. Vacation Date: November 27, 1995 $$$$$$$$$$$$$$$$$$$S$$$$$$$$;�$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ The following tax impact may St., was vacated: Address 6597 Lucia Ln. 6601 Lucia Ln. 6596 Pierce St. 6610 Pierce St. be expec:ted if 66th Ave., between Lucia Lane and Pierce Value Incr. Tax Incr. $3,700 $81 $2,700 $59 $3,900 $86 $2,000 $44 These value and , tax amounts are only estimates based on current rates and value bases. If the vacation were to become tinal yet this year, the tax and value increases would become effective for taxes payable in 1997. For pay 1997, the value and tax rates may be different. The reason that the values are higher on Pierce is because land is worth more, there, than on Lucia Ln. with :its apartment traffic. The reason the increase is less, on 6610 Pierce is because it's fr��ntage is primarily on a non-improved street and it is much larger than the other 3. 17.09 -., . , .. � i . � � ._ '_".. __�.p.y � .��si .V.. . 1\. _ . . .� j. � •j . ' .... ,�.8 . , -- � ' ,�,.�' . . _ ., � j, � _��f ,� p�� '' �� N � � �� S Bw �"�� ■a� � � � � � ■ : A!iv� � I� � r � � � � � �� / � 'V /I�►J�► r " :�� I� � �� .Y�e�".,�%�� e�� w■� ■ �� N�OBHaNH■�� aNpp��H��M N�NI .�Vi� � �e► �n��W■��0�� N�� ■��N��■N�� V' ■�� H��N�n��H�nnH � �/ ��v�� h�a��vq� �N� �N�M��HN��A��B �/�" M�� f��v� ■ ��vN��nN � �%d . �qH�� n��■■H��■��0� � A��AOn � ,�" . H � �■W �q ��N�� %�� . ��... � , .- ` w CIT!i OF FRIDI,EY APPEALS CO1rIISI8SION'MEETING, NOVEMBER 7, 1995 �• Chairperson Savage called the November 7, 995, Appeals Conunission meeting to order �it 8:00 p.m. ROLL CALL� Members Present: Diane Sa��age, La Kuechle, Ren Vos, Cathy Smith Members Absent: Carol Bea, Others Present: Scott c,kok, Planning Coordinator Mic e M,cPherson, Planning Assistant J ce & A,nthony Swanson, 6601 Lucia Lane N.E. ohn Allen, Industrial Equities Dennis Zylla, FBC Partnership MoTION Ms. Smith, seconded by Mr. Kuechle, to approve the Octob 24, 1995, Appeals Commission minutes as written. A VOICB VOTE, ALL VOTING,AYE� CHAIRPERSON BAVAGS DECLARED THE �N CARRIED IINANIMOIISLY. 1. PIIBLIC HEARING: CONGTn�uATION OF A VARIANCE REOIJEST, VAR #95- 31 � BY ANTHC)NV SW NRnN; Per Section 3205:07.03.I).(2).(c).((1)) of the Fridley City Code, to reduce the side yard setback from a street right-of- way from 17.5 feet to 0.�5 feet, to allow reconstruction of a garage, on Lot 4, Block :1, Alice Addition, generally located at 6601 Lucia Lane N.E. M4TSQLt by Mr. Kuechle, seconde<i by Ms. Smith, to waive the reading of the public hearinq notice �3nd to open the public hearinq. IIPON A VOICE VOTE, ALI, VOTING �,YE� CHAIRPERSON SAVAGE DECLARBD T8E MOTION CARRIED,AND THE PIIBLIC HEARING OPEN AT 8:04 P.l�i. Ms. McPherson stated the request is for 6601 Lucia Lane which is located in the northeast corne�- of the city. It is located at the intersection of Lucia Lane anci 66th Avenue. What is unique about this intersection is that 66tYi Avenue is actually not constructed between Pierce Street and Luci�i Lane. The petitioner's property is adjacent to a"paper" right-c�f-way. The property is zoned R-1, _. Single Family Dwelling, as are: all the surroundinq parcels. 17.11 APPEAL3 CCbI�II33I0�i 1�ETaiG, NOVEIyIDER 7, 1995 PAGE 2 Ms. McPherson stated the petitioner is requesting a variance to reduce the side yard setback on a corner lot from 17.5 feet to 0.5 feet. Currently located on the property is a single family dwelling unit and a detached single car garage. The existing garage measures 14 feet x 20 feet. The petitioner is proposing to construct a garage 16 feet x 24 feet. The property did receive a variance in 1965 in order to reduce the side yard setback from 14.27 feet, the distance of the dwelling to the south property line, down to 3 feet to allow construction of the existing garage. Ms. McPherson stated, as staff analyzed the request, there are potentially three options the petitioner could pursue which would avoid a variance request. The first would be to vacate the adjacent right-of-way of 66th Avenue. In order for that to be accomplished, all property owners abutting the right-of-way would need to agree to the vacation. Staff understands from a conversation the building official had with the petitioner that there may be at least one property owner who would object to this particular option. The second option would be to relocate the garage toward the back of the property and 17.5 feet from the south property line which would then comply with the code requirements. The third option would be to relocate the garage to the rear of the property facing 66th Avenue and acquiring an easement from the City to drive on 66th Avenue in order to access the garage. The third option would allow the petitioner to be in code compliance should 66th Avenue ever be constructed. The Commission also has the option of granting the variance to maintain a distance of 3 feet. Ms. McPherson stated the request as presented exceeds similar requests which were previously granted. Staff, therefore, recommends denial of the request. Ms. Smith asked where the driveway currently exists. Ms. McPherson stated the current driveway extends from Lucia Lane, parallel to 66th Avenue, to the existing garage. � Mr. Kuechle asked if the petitioner needed a new variance request for the 3 feet. Ms. McPherson stated yes. This is because the petitioner is expanding the line of encroachment. Mr. Kuechle asked how much property the petitioner would gain if they vacated the right-of-way. Ms. McPherson stated that according to staff's review of the plat, the petitioner would acquire an additional 20 feet. The entire right-of-way is 50 feet in width. When the area was platted, the petitioner's lot is in one plat, and 20 feet of the street right- 17.12 APPEALS CC��SSION 1�ETIliG, NOVEI�ER 7, 1995 P]1�G8 3 of-way came from this plat to the north. An additional 30 feet came from the plat to the sou.th. Mr. Kuechle asked if it was correct that, unless all the property owners adjacent to the right-of-way agree, the right-of-way cannot be vacated. Can the City Council override this? Ms. McPherson stated the CitS► Council could choose to vacate the street over the objection of the adjacent property owner. It has been the Council's policy tc� require unanimous approval by the abutting property owners prior to approving a vacation. Mr. Kuechle asked if this request would go to Council regardless of the Appeals Commission's decision. Ms. McPherson stated yes. All requests where staff recommend denial go before the City Cou:ncil. Ms. Savage asked if the City would be giving up the road if the vacation were approved. Ms. McPherson stated yes. If the City were to vacate this right- of-way, that would eliminate ithe City's option of ever completing the street. Mr. Kuechle asked if there wa:� an interest in doinq that. Ms. McPherson stated not to her knowledge. It is, however, a potential future option. - Mr. Kuechle stated it does noi: appear there is any property along there that could be subdivideci or better developed.- Ms. Savage stated, in looking �it the area, it does not look like it would be made into a street. Ms. McPherson stated this is correct, but the fact remains that the possibility still exists. Dr. Vos asked if there was any► history of why this was not made a street. Ms. McPherson stated she did riot research that item. Dr. Vos stated the third altern�ative proposed by staff essentially says the petitioner has to co�me and ask for a right-of-way to go along the side. The property to the east has an attached qarage. The one to the south also has a.n attached qarage so it would be in an awkward position. He unders�tands the house is 24 feet from the side yard so that is in noncon,formance as well. 17.13 APPEALS COL�II3SION I�ETING, NOVENIDER 7, 1995 PA�B 4 Ms. McPherson stated yes. Ms. Savage asked the petitioner to discuss the hardship and his reaction to the alternatives proposed by staff. Mr. Swanson stated the existing garage is falling apart underneath. When the garage was built, it was built directly on a slab. The slab is cracked and the wood is rotting at the bottom. In order to repair it, they would need to lift up the garage and remove the bottom. The garage they have is too small. The request is for 2 feet so there will still be some distance away from the property line. If the street were put in, they are sti11 10 feet away from where the street would be. He was also under the impression that all property owners needed to agree to remove the street. Ms. McPherson stated the City's policy to vacate the street has been that all property owners must agree. She did not know the City's policy in terms of installing the street. Mr. Swanson stated the street goes nowhere. He was told by City staff that, if the City gave the property back, he still could not build anything on it. There will always be a right-of-way down the center and they will always have to maintain that right-of-way. Their neighbor to the south has a beautiful garden there, and there is no way he would give a variance for that property. He did not think 2 feet was such a big deal. Ms. Savaqe asked if any of the neighbors obj,ected. Mr. Swanson stated he did not object. However, the taxes would go up in excess of $90 per year. Others use the right-of-way now, but do not have to pay taxes. They don't want the property on their tax roles because they have free use of the property now. He did not think the City would ever put a street in there. The street runs only one block. Dr. Vos stated there are some access problems. If he turned down Lucia Lane, he cannot qo east. Ms. Swanson stated Lucia Lane is only a two-block street which exits out to Highway 65. It only goes to Pierce. They maintain the right-of-way and leave it open for walkers. Their neighbor uses the area for gardens, etc., but does not want the property put on his taxes. Dr. Vos asked the petitioner why they propose to expand to the south rather than to the north. Ms. Swanson stated they have a cement patio with an awning and a deck at the back of the house. They are trying to work with what 17.14 APPEAL3 CCM�IIS3I�I 1�ETII�iG, NOVE[�ER 7, 1995 PAGE 5 they have. They are trying t:o go with a new structure to replace a deteriorating structure. Mr. Swanson stated there are also existing shrubs there. Ms. Savage asked if any neigh�ors opposed their plan. Ms. Swanson stated they do no�t oppose. She has talked to several of them personally. Ms. Savage asked if any of th.e three alternatives would work. Mr. Swanson stated if he camzot get approval for 2 more feet, he will probably raise the existing structure and rebuild the bottom, put blocks under it so it dc�es not rot. In 1965, they put the lumber down and bolted it directly to the cement. He would prefer to have a bigger garage with a new roof and have enough space for his equipment. This will still be a single car garage but measuring 16 feet x 24 feet. Ms. Swanson stated rather thain having to tear everything out and move it they want to expand their garage by 2 feet on one side and 4 feet on the back. D�. Vos asked, if the street were installed, how far would it be from the curb to the garaqe. Ms. McPherson stated the C�Lty typically builds 30 foot wide streets. Assuming it was cent�ered in the right-of-way, there would be 10 feet on either side. The proposed structure would be approximately 10.5 feet to 11 ;feet from the curb. As it currently exists, there would be approx:imately 13 feet. . Mr. Swanson stated he did nc�t think the City would ever put a street in there. He was und�_r the impression that if one owner said no, they could not it. � Dr. Vos stated that is different than vacating. A vacation says that you are willing to put t,he area on your property and on the tax roles. That is different than saying we need a street for public safety, etc. If the st�:eet were vacated, the property would eventually pay taxes. If thE. street were installed, the owners would be assessed for curb, ei:c. Mr. Swanson stated, even if a:atreet were put in there, he did not think being at IO feet or 12 ��eet makes that much difference. MOTION by Dr. VosE seconded by Mr. Ruechle, to �close the public hearing. 17.15 APPEAL3 CCM•ff33ION MEETING, NOVEt+ffiER 7, 1995 PA6E 6 IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MUTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:23 P.M. Mr. Kuechle stated he would recommend denial of the request. Even though it is only 2 feet, it means we are granting a variance to 0.5 feet from the right-af-way. This is something that has not been done before. The vacation needs to be further investigated. What is happening here is the property owners enjoy the property rights that they would as owners but do not own it. The petitioner should check out whether or not the taxes really amounts to $90. If the value of the property is $4,500, that figure seems high. He would recommend denial of the request. Dr. Vos stated this is tough because, when you have a street that may not be there, it is hard to talk about a variance because there is no property next to it. There is no neighbor there being affected. He does not want to set a precedent but thought the City Council needs to solve the dilemma. Ms. Smith stated this is an unusual situation. She would be inclined to approve the variance but she has a problem with setting a precedent. MOTION by Mr. Kuechle, seconded by Dr. Vos, to deny Variance Request, VAR #95-31, by Anthony Swanson, to reduce the side yard setback from a street right-of-way from 17.5 feet to 0.5 feet, to allow reconstruction of a garage, on Lot 4, Block l, Alice Addition, generally located at 6601 Lucia Lane N.E. IIPON A VOICE VOTE, ALL VOTING AYE� CSAIRPER30N DECLAItED TIIE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council would consider this request on November 27. 2. . - Per Section 205.18.05.D. ).(a) of the Fridley City Code, to allow loading docks in th front yard facing Northco Drive, to allow construction of a 87,600 square foot multi-tenant office/warehouse industrial building on Lot 1, Block 1, Northco Business Park, and t 2, Block 1, Northco Business Park Second Addition, genera ly located at the southwest corner of 73rd Avenue and North o Drive. MOTION by Ms. Smith, seconded by Dr. s, to waive the readinq of the public hearing notice and to open e public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPE ON SAVAGE DECLARED TH8 MOTION CARRIED AND THE PIIBLIC HEARING OPEN T 8:27 P.M. 17.16 DESCRIPTION OF REQUEST: Erickson Oil Products requests that a variance be granted to increase the maximum square footage of a free-standing sign from 80 square feet to 126 squaze feet. This would allow the installation of a new freestanding sign on their property at 7600 L7niversity Avenue N.E.. :r�� :�� i �� See attached letter &om the petitioner. SUNIlI�IARY OF ISSUES: Section 214.11.02.(B) requires thai a maximurri size of 80 square feet in area of signage per development. Public purpose served by this requirement is to control visual pollution and excessive use of signs in commercial areas. The petitioner has not met the four conditions �of the sign code which allow granting of the variance. The petitioner has adequaze signage through the us�e of the e,xisting freestanding and wall signs. This re�uest is similar in nature to the request by Conoco which the City denied in 1989. The City Council has previously approved variances for Bob's Produce (120 sq. ft.), Home Depot (160 sq. ft.), Home Valu (150 sq. ft.), and Embers (120 sq. ft.) within the last five years. RECOMIV�NDED ACITONS: Staff recommends that the City Council deny the request. APPEALS CONIlVIISSION ACTION: The Appeals Commission voted unanimously to recommend denial of the request to the City �;outv 18.01 Petition For. Location of Prnperty: Legal Description of Property: Size: Topography: Eaisting Vegetation: Eaisting Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Tssues: Site Planning �ssues: PROJECT DETAILS A variance to increase the maadmum size of a sign from 80 square feet to 126 square feet.. 7600 University Avenue N.E. Lot 1, Block 1, Commerce Park Addition. 42,827 square feet Flat New Vegetation; trees, shrubs, etc. C-2, General Business; Commerce Park 1965 Connected Osborne Road, West University Avenue Service Road University Avenue Bikeway/Walkway None 2 18.02 DEVIELOPMENT STTE Section 214.11.02.(B) requires that a maximum size; of 80 square feet in area of signage per development. Public purpose served by this requirer�ient is to cornroil visual pollution and excessive use of signs in commercial areas. R uest Erickson Oil, owner of the Freedom Station locat:ed on Lot 1, Block 1, Commerce Park, the same being 7600 University Avenue N.E., is requesting a variance to tlie sign ordinance for an increase in allowable sign area from 80 square feet to 126 square feet. The sign will be lc�cated at the corner of the property. A freestanding sign of 48 square feet is already located on the property in the location of the proposed sign. The eacisting sign will be removed if the variance is granted. Site The site is locate� on a loopback parcel on the corner of Osbome Road and University Avenue and is the srte of what was the old Jet Mart Station south of and acrsoss frc�m the University Station Restaurant and Bob's Produce. The original Jet Mart building was constructed in 1968. 7'he petitioner recently bought the property, and in June 1995 removed the old building and constructed the new F�reedom Station. Analysis The petitioner is requesting an increase in the allo��vable sign area from 80 square feet to 126 square feet. Their standai'd free-standing pricang signs cornain three areas� for gas prices, the Conoco logo, and a readerboard area. The petitioner would like to add the Freedom name to thi:� standard s�gn design. This is 46 square feet larger than the 80 square fcet aure�tly located by the Cit�s Sign Cod:e. This request is sinv7ar in nature to the Conoco request wluch the City Council denied in 1989. Section 214.21.03 of the City Sign Code sets forth f'our conditions which the applicarrt must prove in order for the Commission to grant a variance to the City Sign Code. The following analysis will analyze each of the four conditions: Condition A"T'hat there are exceptional or ext��ordiriary circumstances applicable to the properl,y or to the i�ended use that do not apply generally to other property in the same vicinity and district." As was stated earlier, the property in question is n��t an exceptional circiunstance. The City has several loopback properties whicli occ�u at many of the intersections alc�ng the major corridors in the City. These parc,els typically are surrounded on all sides by stre,et frontages, and ma�c�}� of these loopback parcels corrtain automobiley motor fuel, and oil dispensing stations. Other properties sirrv7ar to this have bee�i restricted to one free-standing sign to advertise prices and comparry logos, so restricting the petitioner to o�ne 80 square foot sign would not be atypical. 18.03 Condition B: "That the variance is na;,essary for the pre,servation and enjoymeirt of the substantial property right possessed by other properties in the same vicinity and district, but which is denied to the property in questioa" The petitianer can sdll install 80 square feet of signage on the free-standing sign, and the petitioner has the option of wall sgnage. By denying the variance, the staff is not denying the petitioner's right to have signage. The proposed area of the Freedom text is 15.?5 square feet. This area could be added to the existing sign without requiring a variance. A sign variance was granted for the Bob's Produce sign to 120 square feet, however, this allowed a consolida.tion of two business signs into one. Condition C: "That the strict application of the chapter would constitute an unnecessary hardship." The strict application of the Fridley Sign Ordinance would not create an undue hardship for the petitioner. The petitioner has utilized wall signage as allowed by code as well as the proposed signage. A freestanding sign less than that allowed by code already exists on site. Erickson Oil Products does have the benefit of canopy sagnage. This benefit is not univeisal and does tend to draw additional attention to the site, providing an opportunity to do ample advertisement. Condition D: "That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located." The variance requested is not eaccessive, however, the public purpose is to reduce the visual clutter caused by large signs. The azea already has one sign variance, the petitioner can meet the code requirements. Recommendarion: Staff recommends denial of the variance request, VAR #95-34, by Erickson Oil, to increase the allowable square footage of signage for a developm�nt from 80 square feet to 126 square feet on the basis that the petitioner does not meet all of the criteria for variances as listed in the Sign Ordinance. The petitioner can install an 80 square foot sign which is required of other establishments in the general vicinity of the site. WE T: SOLJ'TH: E T: N RTH: ADJACENT STTES Zoning: G2, General Business Zoning: C-2, General Business Zoning: G2, General Business R 1, Single Family Zoning: C-3, General Shopping 4 18.04 Land Use: Multi-Tenant Re�ta� Land Use: Multi-Tenant Retail Land Use: Vacarn Residential Land Use: Vacarn Residential Comprehensive Planning Issues: Public Hearing Comments: To be taken 18.05 ERICKSON OIL PRODUCTS, INC. �i n�muszRr�. srx�r HUDSON, WISCONSIN 54016 October 3Q, 1995 715-386-8241 6121136-80.56 Fas '715-386-2022 Michelle McPherson City of Fridley 6431 University Avenue Northeast Fridley, MN 55432 Dear Michelle, Thank you for seeing me last week on such short notice. I do appreciate the input and help you gave me. I will attempt to answer the four variance conditions in this letter. It would be easier, of course, if we were permitted to have two SO square foot signs (1 per street frontage) as Scott and I discussed, but I trust you have interpreted the code correctly. The sign we are proposing is approximately 120 square feet. Condition A: I think it would be appropriate to explain the proposed sign. It consists of a 40 square foot CONOCO capsule, a 50 square foot gasoline price sign, a 16 square foot reader board and a 16 square foot FREEDOM sign. As you can see, the largest sign is the one that advertises our gas price. Our store will be selling three grades of gas, so the state requires us to post all three prices. If our store, like some others, sold only two grades of gas this sign could be 1/3 smaller. We have proposed a 16 square foot reader boazd below the price sign. We have found ia lazge metro communities this is our best way to advertise. It is ofren cost prohibitive to advertise in the newspaper, such as larger retailers do. Historically, we occasionally use our reader boazds for civic and community events, which I feel benefits those that are not our customers. Lastly, the 16 square foot FREEDOM sign- this is us, our company. We have found that without letting the customer know this, they often think it's a CONOCO cor`porate store. We have had to negotiate with CONOCO to allow us to be on "their" sigq but we think it is important for the customer to know who they are doing business with. Condition B: A,s I drive the University Avenue corridor, I certainly see many lazge signs over 80 square feet- restaurants and other retail businesses. Our problem is that we need to post our gas prices as required by the State aatl we are really advertising two corporate identities - CONOCO and FREEDOM, not to mendon the cost effective advertising of the reader board. Condition C: We have made a significant investment in your community and are delighted to be therc. It is pazamount to our success to be recognized to the traffic on University Avenue and Osborne Road. I am sure you will remember the former CONOCO store had used the rear or side of the building to mount their price sign. I believe they also used the canopy facia to mount signs. I have not "looked" far enough into the ordinance to see if we have used up our available building signage, but I would doubt that we have. I do not wish to even explore mounting other signs on the building or canopy unless we absolutely have to. I think it would detract &om the appeazance we have worked hazd to achieve. Condition D: I believe that there would be zero negative impact to any of the other property in our vicinity. I would like to believe our investment and future success would enhance values in the area. I certainly can see no detriment to the public health or safety. The sign will be mounted high enough and far enough back to eliminate any traffic problems. 18.06 Michelle McPherson October 30, 1995 Page 2 In closing, I think it is important for the staff and boazd to know that our request is real and warranted. By most retail standazds, this is not an above average si��. We recently installed this identical sign in White Bear Lake with support from the City staff. The support from the City of Fridley staff, Boasd of AppeaIs and Council will be greatly appreciated. Siacerely, ' � � i/ G�(.t,�; -^ . David B. Erickson President DBE/cef 18.07 � _ CITYOF FRtDLEY FRIDLEI' Ml.'ti1CIP.-�L CEtiTER •(,-131 [,'ti1VERSITY AVE. N.E. FitIDLEY. Mti 55-13? •(61?1 571-3�50 • F�\ t61�� 'i-I_'X7 CITY COUNCIL ACTION TAKEN NOTICE October 24, 1989 Conoco Inc. Connie Lutton �268 Coaunerce Circle South N.E. Fridley, 1�IIJ 55432 Dear Ms. Lutton: On October 23, �ridley City Council denied your request for a varianc , VAR �89-24 to increase the total square footage of signage from square feet to 110 eet on Lot 1, Block 1, Commerce Park, the same being 00 University Aven . et Mart). 2f you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn : 1 : FRIDLEY CITY COQIdCIL MEETINCi OF OCTOHER 23, 1989 PAGE 2 Schneider. Upon a voice vot:e, all voting aye, Mayor Nee declared the motion carried unanimous:ly. Mr. Pribyl, Finance DirectoY�, stated this is a request for an on- sale beer license for thEa Yung Tae Hoe Restaurant at 6440 University Avenue. He state:d a background investigation has been completed and staff is recoaunending approval. Councilman Billings stated the public hearing notice states the public hearing is to be on Nc�vember 23, 1989 and questioned if this was the date published in ti:ie hearing notice. After checking the publication in the Fridley :Eocus, the hearing date published was November 23, 1989, therefor�s, it was determined that this notice was defective and the publi.c hearing should be re-published and held on November 20, 1989. No persons in the audience sF�oke regarding the issuance of this on- sale beer license. MOTION by Councilman Billing:s to find the publication of the public hearing defective, close this hearing and order the public hearing to be re-published for No�a�mk�er 20, 1989. Seconded by Councilwoman Jorgenson. Upon a voice�vot.e, all voting aye, Mayor Nee declared the motion carried unanimous�ly. OLD BUSINESS • ; �� 2. MOTION�by Councilman Billi�ngs to waive the second reading of Ordir�.ance No. 936, adopt it on second reading and order pub ication. Seconded by Councilman Fitzpatrick. Upon a voice v�, all voting aye, May��r Nee declared the motion carried �`nanimously. 3. CONSIDERATION OF A VARIANCE REOUEST, VAR #89-24. TO INCREASE THE TOTAL S4UARE FOOTAGi� OF SIGNAGE FROM 80 SQUARE FEET TO 110 ON LOT 1. BLOCK 1, (;OMMERCE PARK, THE SAME BEING 7600 UNIVERSITY AVENUE N.E.. BY CONOCO, INC. (TABLED 10-2-89): Ms. Dacy, Planning Coordinat��r, stated this item was tabled at the last Council meeting in orde�r for staff to determine if a variance for a sign greater than 80 square feet had been approved previously for this property. She statE:d in August, 1983, a variance request was filed to increase the ;signage from 80 to I83 square feet, however, this variance was denied. Ms. Dacy stated this variance request was oriqinally for two free standing pylon signs each tc� be 110 square feet. She stated the '18.09 FRIDLEY CITY COIINCIL MEETING OF OCTOBBR 23. 1989 PAGE 3 petitioner has now reduced the request to one pylon sign of 110 square feet which would be 30 square feet over what the ordinance allows. Ms. Dacy stated both staff and the Appeals Commission recommend denial of this variance as it does not meet the criteria for a variance as outlined in the Sign Ordinance. Councilman Billings stated his primary concern was if variances had been issued in the past. He stated the current signage is 75 square feet and seems to be adequate for this station. Ms. Connie Lutton, District Manager for Conoco, presented photos of signs at other Conoco stations. She stated the signage they are requesting is a standard sign which Conoco uses nationwide. Mayor Nee commended Conoco for the attractiveness of this station, and stated he did not have a problem with the increased signage they are proposing at this particular location. He stated, however, if this variance was granted, it would definitely set a precedent and the Council may be obligated to grant other requests of a similar nature. Ms. Lutton stated she has taken pictures of other signs in Fridley which are greater than the 80 square feet allowed by the ordinance. She stated one such sign is for Bob's Produce. Mayor Nee stated some of the signs existed before the Sign Ordinance was adopted and they are, therefore, grandfathered such as Bob's Produce. Councilman Fitzpatrick stated what Ms. Lutton is doing is exactly what the next person would do if they requested a variance. iie felt to grant the variance would set a precedent. Ms. Dacy stated an alternative may be to list two types of fuel on one side of the sign and the other two types of fuel on the other side to meet the requirements of the Sign Ordinance. Councilman Billings felt there are options available and even though he does not find the sign displeasing, it does not meet the code and there really is not a hardship. MOTION by Councilman Billings to deny this variance, VAR #89-24. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18.10 � PLAI�INING DIVI�ION � ME:MORANDUM- c��roF FR! DLEY DATE: October 5, 1989 TO: Barbara Da�cy, Planning Coordinator FROM: Michele Mc:Pherson, Planning Assistant SUBJECT: Conoco Inc:. Variance; 7600 University Avenue N.E. Per your request dated Octob�er 3, 1989, I have researched the Conoco building file for any potential sign variances that were previously granted to the parcel at 7600 University Avenue N.E. In my research, I have found three variance requests for this parcel. Variance Request #1: In July of 1968, a variance was granted by the Appeals Commission for an increase in the amount of signage for the building at 7600 Universi.ty Avenue N.E. The sign variance granted by the Appeals Commis�>ion was for an increase in signage from 1,184 square feet to 1,7'76 square feet. The total square footage included signage on al:l four walls of the building and one rotating pylon sign. Exact sc�uare footage of the wall and pylon signs are unknown. Variance Request #2: In August of 1983, the variance request was to increase the allowable squa2-e footage of signage from 80 square feet to 183 square feet. The A��peals Commission voted to recommend approval of a five square foot increase from 80 square feet to 85 square feet. The City Counc:il on October 17, 1983 denied the variance request to increase tlhe allowable signage from 80 square feet to 183 square feet. Th�s petitioner at that time was not interested in a compromise ori the square footage, so the five square foot variance was also denied. Variance Request #3: In Augusit of 1984, a variance wa"s requested which was not associated with :�ignage. It allowed a reduction of hardsurface setback from the re:quired 20 feet to 10 feet, to allow the widening of an entry drive�aay. This was approved by both the Appeals Commission and City Council. l�t/dn M-89-602 18.11 FRIDLEY CITY COIINCIL MEETING OF OCTOBER 2, 1989 PAGE 7 Ms. Dacy stated the Appeals Commission stated this var nce request would be submitted to the Council on October 2, 1� Councilman Fitzpatrick stated he understands me of the neighbors signed a petition indicating they were awar of the request and had no objections, with the exception of one rson who wanted to think about it. Mayor Nee asked what Mr. Schrei s meant when he stated at the Appeals Commission meeting tha it would be the only house on the block that would extend beyo the other houses." Ms. Dacy stated she believed he was referr' g to the rear of the homes because the front yard setback would e maintained. , Councilman Fitzpatr with development. more extensive an seems reasona e. ,e'k'k stated this lot has a history of problems 3e stated the variances granted in 1986 were w�at is now being requested and this variance MOTION b ouncilman Fitzpatrick to grant the Variance, VAR #89- 23, to educe the side yard setback for an accessory building on a c er lot from 30 feet to 20 feet. Seconded by Councilman S eider. Upon a voice vote, all voting aye, Mayor Nee declared e motion carried unanimously. D. CONSIDERATION OF A VARIANCE. VAR #89-24, TO INCREASE THE TOTAL SQUARE FOOTAGE OF SIGNAGE FROM 80 SQUARE FEET TO 220 SOUARE FEET (2 PRICE SIGNS AT 110 S4UARE FEET EACH) ON LOT 1. BLOCK 1, COMMERCE PARK, THE SAME BEING 7600 UNIVERSITY AVENUE N.E. BY CONOCO INC • Ms. Dacy, Planning Coordinator, stated this is a request to increase the total square footage of signage from 80 square feet to 220 square feet. She stated the Siqn Ordinance allows properties to have more than one freestanding pylon sign if it has more than one street frontage, however, the total square feet must not exceed 80. She stated the petitioner has adequate means to advertise the business with an 80 square foot sign, as wall signage is permitted as well. Ms. Dacy stated Conoco is petitioning for this variance as they are refurbishing this site of the Jet Mart Station. Ms. Dacy stated the Appeals Commission recommended denial of this variance request. She stated staff has since received information from Conoco that they wish to reduce their request to have one 110 square foot sign, rather than two siqns of 110 square feet each. She stated the petitioner is present this evening and may wish to confirm this request. Ms. Connie Lutton, District Manager for Conoco, stated when they originally submitted the variance request, they were under the 18.12 ( �. FRIDLEY CITY COIINCIL MEETING OF OCTOBER 2, 1989 PAGE 8 impression that 80 square feet per sign was allowed. She stated she would like to change the �rariance request to have only one sign at 110 square feet. Mr. Herrick, City Attorney, asked if there was some particular reason why they needed a 110 square foot sign. Ms. Lutton stated it is a staridard sign that Conoco uses throughout the company. Mr. Burns, City Manager, as}ced staff if they knew the range of variances allowed in the past:. Ms. Dacy stated Viking Chevrolet had a sign up to 200 square feet. She stated several other aF�plications for sign variances were received from other gas station owners, with most of them being denied. Ms. Lutton stated Fina has a 196 square foot sign. The Regional Manager stated a variance was received in 1985 to add to their sign when they wishe:d to advertise diesel fuel. Ms. Dacy stated this variance. is not reflected in the master list of variances which dates back: to 1981. Councilman Billings stated tie was prepared to concur with the recommendation of the Appeal.s Commission to deny this variance request for the two signs totaling 220 square feet, however, he would like the item tabled to the next meeting for staff to research the size of the exisl�ing sign and check if a variance was granted at this location in 1985. MoTION by Councilman Billing:a to table this item until the next regular meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayo�� Nee declared the motion carried unanimously. 4. CONSIDERATION TO CLOSE lPRQ7FCT $629 _ CRTMF' PRF.VF.NTTAN _ ANT) RETURN UNUSED CDBG FUNDS TO ANORA COUNTY: Mr. Robertson, Community Development Director, s ed the City received $15,500 in CDBG fund.s to conduct a s rity program for low and moderate income hous;eholds by ' allation of security locks. He stated a portion af the ds were to be used in the actual implementation and �3 ion for administrative and advertising costs. He < ed there is a surplus in the administrative and adv sin�g fees of $1,023.73 and this should be returned to Ano ounty. MOTION by Co ilman Fitzpatrick to authorize staff to notify Anoka County t Crime Prevention Project �629 authorized in 1986 is '18.13 can be constructed witho t any variances. Even with the proposed house plan, the garage c ld be detached, and there would be no need for a variance. so, because of the history of the development in the area, e would have to vote against this variance. Dr. Vos stated he is also oppo ed to the variance. There are quite a few different ways the house nd garage could fit on the lot that could satisfy the petitioner an the neighbors. He did not see any hardship that made it necessary !�o encroach 10 ft. into the rear yard setback. Ms. Savage agreed with Mr. Barna'�,and Dr. Vos. She hoped the petitioner and the neighbors can work\together and find a solution. Mr. Kuechle stated he is also in gene� al agreement with what has been said. A variance should not be eeded in a new plat like this. He was sympathetic to the petitio er; however, he felt there is someway the house can fit on the lo without a variance. He would vote against the variance. MOTION by Dr. Vos, seconded by Ms. Savage to Council denial of variance request, VAR #89- 3, pursuant to Section 205.07.03.D.(3).(a) of e to reduce the rear yard setback for an acce ; corner lot from 30 feet to 20 feet, to allow a single family home and attached garage on Riverwood Park, the same being 7100 Riverwood I IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON MOTION CARRIED IINANIMOOSLY. recommend to City by O. 8. Zachmann, Fridley City Code ory building on a ie construction of \L_ot 15, Block 2, rtive N. E. DECLARED THE Mr. Barna stated this item will go to City Council bn October 2, 1989. � 4. CONSIDERATION OF A VARIANCE REQUEST, VAR #89-24. BY CONOCE?,:` C: • . _ Pursuant to Section 214.11.02.(b) of the Fridley City Code to increase the total square footage of signage from 80 sq. ft. to 220 sq. ft. (2 price signs at 110 sq. ft. each), on Lot I, Block 1, Commerce Park, the same being 7600 University Avenue N.E. MOTION by Ms. Savage, seconded by Mr. Kuechle, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECL1lRED TSE PIIHLIC HEARING OPEN AT 9:13 P.M. Ms. McPherson stated the old Jet Mart Station is being refurbished by Conoco, Inc. The property is zoned C-2, General Business. The maximum allowable square footage for a free-standing sign is 80 sq. 18.14 � �. APPEALS C_OMMIS3ION MEETING, SEPTEMBER 19, 1989 PAGE 12 ft. Conoco, Inc., is request�Lng an increase in the allowable sign area for two free-standing s�igns, one on the University Avenue frontage and one on the Osborne Road frontage, at 110 sq. ft. each. Ms. McPherson stated the peti.tioner is also proposing to replace the existing diesel signs with.the Conoco logo on the canopies over the pump islands. That is not a part of the variance. In addition, they are remodeling and repainting the exterior of the existing building. Conoco ha,s removed the existing facia, and at this point,.do not have any ��lans to utilize that wall space for additional signage. Staff sltates that the petitioner could use this wall space for additional. square footage of signage, and that this particular parcel is simi.lar to other loopback parcels in the City that have similar uses, are 2oned similarly, and have been limited to the one 80 sq. ft. sign. In staff's opinion, the petitioner does not any speci�31 condition that creates a hardship for the petitioner as they havca other alternatives to place signage on the building as allowed uncier the Sign Code. For that reason, staff is recommending denial c�f this variance. Ms. Connie Lutton, District Manager for Conoco, Inc., stated she represents the Fridley area. She stated Conoco, in its reimaging program, has eliminated the bright yellow color and has restricted all signage on the facia. Unfortunately, Fridley's sign code varies from Conoco's new ima�ge. She stated there will be one Conoco emblem per canopy. Ms. Lutton stated that when they are completely done with the remodeling, the station will l.ose some of its recognition because it will not stand out as it did with the bright yellow. Because of that, they will lose some ��f their customer base. She stated they need two signs so that the�y will be visible to traffic on both University Avenue and Osborne:Road. There is no way of angling one sign so that the logo and price of gas can be visible from both roadways. Ms. McPherson stated staff has discussed with the petitioner that they must modify the existing site plan to allow the siqn to meet the required 10 ft. setback frc�m Osborne Road. They will be adding additional green area and movirig the siqn to comply with the 10 ft. setback from Osborne Road. MOTION by Dr. Vos, seconded b:y Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING ;AYE, CHAIRPERSON BARNA DECLARED THE PIIBLZC HEARING CLOSED AT 9:26 'P.M. Ms. Savage stated she is glad to hear that the yellow color is going. She thought that yellow station was one of the worst eyesores on University Avenue. She stated she feels very strongly about signs, and that excessive: signs, like billboards, are visual 18.15 APPEALS COMMISSION MEETINa, SEPTEMBER 19. 1989 - PAGE 13 pollutants. There is no hardship. Apparently, the Amoco station across the street does not have a variance for its sign. She is opposed to even one sign that would exceed the 80 sq. ft. allowed, and certainly would be opposed to two of them. She would vote against the variance request. Mr. Kuechle stated he is in agreement. If they have not allowed other stations and businesses in similar situations to have variances, it would be very difficult to approve it in this case. Dr. Vos stated he certainly did not see the need for two signs. Even one sign at 110 sq. ft. is a 40$ increase over what is allowed which seems excessive. Since there are "quick stop" stations along University Avenue and Highway 65 which seem to do quite well, he felt fairly confident Conoco could compete in the market with an 80 sq. ft. sign. Mr. Barna stated the Amoco station on the northeast corner of osborne/University is completely within the sign code. The car wash and station at 73rd/University Avenue was given no siqn variance, and the SuperAmerica on East River Road/University was given no sign variance, so in this surrounding area, everyone seems to be doing alright with 80 sq. ft. Conoco can always put signage on the building even though they do not want to. He stated he would also be opposed to any variance in increasing the allowable square footage for signage. OM TION by Ms. Savage, seconded by Mr. Kuechle, to recommend to City Council denial of variance request, VAR #89-24, by Conoco, Inc., pursuant to Section 214.11.02.(b) of the Fridley City Code to increase the total square footage of signage from 80 sq. ft. to 220 sq. ft. (2 price signs at lI0 sq. ft. each) , on Lot 1, Block 1, Commerce Park, the same being 7600 University Avenue N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED QIdANIMOUSLY. 5. 0 SANDBLASTING SERVICE. INC.: 1. Pursuant to Section 205. 8.03.A of the Fridley City Code to reduce the required 1 t area from 65,340 sq. ft. to 14,768 sq. ft.; 2. Pursuant to Section 205.18. .B of the Fridley City Code to reduce the required lot idth from 150 feet to 104 feet; 3. Pursuant to Section 205.18.03.D (2) of the Fridley City Code to reduce the required si yard setback from 20 feet to 5 feet; �8.�6 DESCRIPTION OF REQUEST: The petitioner, Dealers h�L�rnif'acturing requests that a variance be granted to reduce the side yard setback from 20 feet to 2.9 feet. If approved, this wotild allow const�uction of an 83 foot by 88 foot addition to rear of the existing building. SUMMARY OF ISSUES: Section 205.18.03.D.(2) of the City Code requires a side yard setback of 20 feet. Public Purpose seived by this requirernent is to provide adequate open space around industrial stcuchues for aesthetic and fire-fighting purposes. The building to the north is located approximat��ly 5 feet from the common property line. However, the proposed addition is located 84 feet west of th�e building to the north. In the past, the City has grazrted side yazd variances to 0 feet to allow a zero loit line situation between buildings. This most commonly occurs in the Onaway Industrial District, north, of 77th Avenue and west of Main Street. In addition to the variance request, there are additional issues: 1. The City is awaze of groundwater contamination on the site. The petitioner is discharging treated groundwater into the Metropolitan Sanitary Sewer System. Soil borings veiifying that cornaminated soils do not exist in the area of the �ddition will be required. 2. An above ground fuel storage tank is located in the area of the additioa This must be relocated in accordance with the Uniform Fire Code and F'ue Departmerrt permittin� requirements. 3. The petitioner and adjacent property owne�- should agree to common maintenance objectives for both bwldings. These objectives should be stipulated in an agreement recorded against both properties to ensure that maintenance can and will occur� should the properties be sold to new owners. 4. The petitioner leases space from the buildirig owner to the north A shared driveway will need to be reconstructed west of the addition to maintain access between the properties. HARDSHII': See Atta��tunent B. The petitio,nei's hardship statemern does not address the constraints of the properiy, it states a design solution as a hardship. Staff Report VAR #95-36, by Dealers Manufacturing Page 2 RECOMIVIENDED ACTIONS: As this request is within previously granted requests, sta� has no recommendation. The City Council could deny the request due to a lack of hardship and that the petitioner has two alternatives which would meet the code, or the City Council could approve the request.. If the City Council chooses to approve the request, staff recommends the following stipulations: 1. The petitioner s�hall conduct soil borings in the area of the addition if contaminated soil exists. All contaminated soil shall be removed from the site prior to issuance of a building permit. 2. 3 The petitioner shall relocate the above ground fuel storage tank in compliance with the Uniform Fire Code and Fire Department pernutting requirements. The petitioner and the property owner to the north shall execute and record a maintenance agreement against both properties to ensure proper maintenance of both buildings. 4. The share� driveway west of the addition shall be designed in a manner that provides a safe passage and distance betwcen vehicular travel and the building addition This drive�way shall be approved by City staff prior to issuance of a building permit. APPEAIS CONIlVIISSION ACTION: The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. Petition For. Location of Property: Legat Description of Property: Size: Topography: Eaisting Vegetation: PROJECT DETAILS Variance to reduce the side yard setback from 20 feet to 2.9 feet 5130 Main Street N.E. Lot 4, Audito�'s Subdivision No. 79 228,541 square feet/5.25 acres F1at Trees, sod, recently won a Beautification Award for Cleanup Week due to a revised landscape plan 19.02 Staff Report VAR #95-36, by Dealers 11�anufacturing Page 3 Eaisting Zoning/Platting: Availability of Municipal Utilities: Vehicular M-2, Heavy Industrial; Audito�s Subdivision No. 79, 1941 Connected Access: Main Street; some vehicular access to the industrial building to the north occurs via Dealei's M:anufacturing tiuck route. Consideration of this access location must be given. Pedestrian Access: Easements granted fo:r a bikeway/walkway Engineering Issues: None Site Planning Issues: DEVELOPMENT SITE Request The petitioner requests that a variance be gra�nted to reduce the side yard setback from 20 fcet to 2.9 feet. If approved, this variance would all.ow construction of an 83 foot by 88 foot addition to the northwest/rear of the building. Property History The original Dealer's Manufacturing building was constructed in 1961 (210 feet by 230 feet). The building's north face was const�ucted 4.15' frc�m the north property line. The petitioner received a variance to reduce the side yazd setback from� 20 feet to 8 feet in 1976 in order to const�uct a cold storage building. However, this building was not constructed and, instead, the petitioner constructed 42 foot by 66 foot addition to the building that same year. In 1977, the petitioner constructed a second addition to the building (84 feet by 88 feet). il 9.03 Staff Report VAR #95-36, by Dealers Manufa.cturing Page 4 In 1995, the City was notified that contaminated groundwater was discovered in the area of the subject parcel. The petitioner is currently discharging treated contaminated groundwater irno the Metropolitan Sanitary Sewer System. This is done in ac�ordance with MPCA guidelines. The petitioner also leases space in the building to the north owned by Gladwin Manufacturing (5170 Main Street). Vehicle access occurs between the two parcels. Analysis Section 205.18.03.D.(2) of the City Code requires a side yard setback of 20 feet. Public Purpose served by this requirement is to provide adequate open space around industrial structures for aesthetic and fire-fighting purposes. The petitioner has two alternatives which would meet the code requirements: "Jog" the addition to meet the 20 foot setback requirement. This would reduce the size of the addition from 83 feet by 88 feet to 56.2 feet by 88 feet, or 56.2 feet by 105.1 feet if the petitioner wanted to maintain the same square footage. 2. Const�uct an addition west of the southwest portion of the building. This may complicate traffic on site. The building on the property to the north is located five fe�t from the common property line of the two properties. The proposed addition is located 84 feet west of this building. In the past, the City has granted variances to reduce the side yard setbacks to a O lot line situatioa A zero lot line constivction has the advantage of having no space "in berween" buildings to maintain. There is some concern regarding the proper maintenance of the two buildings as 8 feet is a narrow distance to perform proper maintenance of the structures. Staff would recommend that an agreem�rt be recorded against both properties which would ensure access by either party for proper mair�tenance of the buildings. The Fire Department noted that an above ground fuel storage tank is located in the area of the proposed addition. This tank will need to be relocated in compliance with the Unifonn Fir� Code and Fire Departmerrt permitting requiremerns. The proposed addition meets all other requiremerns of the Zoning Code. 19.04 Staff Report VAR #95-36, by Dealers Manufacturing Pa�e 5 RECOMMENDATION/STIPULATION�i: As the request is within previously granted �variances, staff has no recommendation. The Commission could recommend denial of the request due to a lack of hardship and that the petitioner has two alternatives which would meet the code, or the Commission could recommend approval of the request. If the Appeals Com�nission chooses to recommend approval of the request, staff recommends the following stipulations: The petitioner shall conduct soil bonngs in the area of the addition if contaminated soil exists. All contaminated soil will be removed from the site prior to issuance of a building pernut. 2. The petitioner shall relocate the abo��e ground fuel storage tank in compliance with the Uniform Fire Code and all Fire Dep�utment pernritting requirements. The petitioner and the property own�rr to the north shall execute and record a maintenance agreement against both properties to ensure proper maintenance of both buildings. 4. The shared driveway west of the addition shall be designed in a manner that provides a safe passage and distance between vehicular travel and the building addition This drive�way shall be approved by City staff prior to issuance of a building pernrit. WEST: OLTTH: EAST: NORTH: ADJ.ACENT STTES Zoning: M 2, Heavy Industnial Zoning: M-2, Heavy Industriial Zoning: R 1, Single Fanuly Residerrtial Zoning: M-2, Heavy Industria�l Comprehensive Planning Tssues:. Public Hearing Comments: To be taken �I 9.05 Land Use: Railroad switching yard Land Use: Indushial Land Use: Residential Land Use: Indusriial, Gladwin Mfg ATTACHMENT B ADDITIONAL WAREHOUSE/MANUFACTURING SPACE IS NEEDED. GROWTH HAS BEEN 40% FOR THE PAST SEVEN (7) YEARS, AND THE GROWTH RATE IS PROJECTED TO CONTINUE AT THE SAME RATE. THE SQUARE SHAPE WII.,L HELP IN SEVERAL WAYS: IlVIPROVED FLOW IN MANUFACTURING, GREATER VERSATII.TTY, MORE EFFICIENT USE OF SPACE. IN ADDITION, THIS WILL SQUARE OFF THE BUII.DING GNING IT A"CLEAN" LOOK. 19.06 VAR ��95-36 Dealers r4anufacturing '� � r �: � " 3�� t�- a: � � � � a. • ' � � ' aRS��§ ;�. �� £ $� �� I� �::�+tt '��€-�e =�a �� 5 �� a�� :� :3 ¢ �� Z Q � 3�3�=�� '� ��W€� �$� g�� >P >��€ �a � ' . � 1� '�- ' ��Wg�YR � �� €��Yd 5� � o�� '� al�e �� v I s` u� ��^�:� R$�� R�� PE �� 4�� 4 4 2 I ' �t.-- �� ak�� 4a �Y2� E $�� ¢ I p � ' , �a„ €gs��--._�_ � � � w� 3��q � o ��W � � �g �� s � I — je�� tl�ae8 ��3� 7�� i�LE d�� @��S �7�- �' Q s � ' ., �_--- �-=— �-- ^ • � � --- - .�_. .- . � 2 ~ � t Q N �� L'I � ` �. � ' 7. y ia Gu ('3'N 133tl1S NIVW_L--� � S0� 'ON OVOli �11Nf10� W-' a � ,r=i,= _� I: — Y . k ir- �`�, -. � � � ��, �, a � � � \\ �: �I �i �� r i \� --- J°- � ,a�= — — �. .; , �; , i % ; '�. �-.. ,�/; �, I I � �1� ; � i ` � a 9 ��iT� � 1 ^�C � ,f .►:i � _ � _ � E�r i �� to � �F'� `� : � I -� I��, I� ....,, � / _ ' �_ � ~ �� '—, 3.' �.. � �_ I x� � r �� '� � �� r I I I� � r _ � • � I �� • • � � • �; ► a� . �, �'A -- �: � �t � � � �_ ��- --- 19.07 �I i. � .� � � j / '/ " �r 1 \\ � - �,�, 0` �� 1 � � �i [�� `'� ` �� `�. >I J W ' — '...._. Q � '�. W W f" — � c.� m '' 3 ' i � : o-$ r� �� z�� —��<�� ., . � ` � p` L _ ; r �� P � Md � � �� yy � loo p � L �.c }�: f� � C � � U I �� M� _ ''.I � „w f g �� _� ��:;: ! � �: �� o� � �� .�;�3 �� _« ■�■ �� F<0 D a.jdnii� ie«♦ �� i a�rr�i�i y�' _�i.S�ipJ,�$�� p �� ll I111-�1=�$ � � . �t �+*�� g4 �,�� .; ;��; ��P�� r y , < 9-� 9'�.�� c y_ i -; �a�� 0�:3� r •: : � o ��;gi� � , � `a = i �4��i��..�qg � � : i �.��s�. � �' � : ; ; V; t � ;� ; � �� = � � +��;; :.' e x��ed�aM. . - P s%�MJ�' i i I I D�Jt�lAM� � _ i �.��iii ,; ► u�: � ' � i �1 ;' � ' r 3 �, � � � ��3�� ; ;� ; i � `�� '�i' �.,i _� � , � f'� �4�� I t� � I � f��..��ca��.. , �;; i: � I � I� I�� , �_� C�( OF FRIDLEY 1996 CITY COUNCIL APPOINTMENTS 1995 RE�RESENTATiVE• Mayor Pro Tem• Counciimember Dennis L. Schneider Anoka County Law Enforcement Council (1 Reuresentative and 1 Alternatel• Councilmember Schneider, Representative Councilmember Jorgenson, Alternate Suburban Rate Authoritv (1 Member and 1 Alternate)• 1996 APPOINTEE: John Flora, Public Works Director, Rep. Jon Wilczek, Asst. Public Works Director, Alt. Association of Metropolitan Municipalities: Councilmember Jorgenson, Delegate Councilmember Bolkcom, Alternate School District Nos 13 and 14 Representative- Councilmember Bolkcom, Representative Councilmember Billings, Alternate School District #16 Representative• Councilmember Billings, Representative Councilmember Schneider, Alternate League of Minnesota Cities• Councilmember Billings, Representative Councilmember Jorgenson, Alternate North Metro Convention & Visitors Bureau• William Hunt, Asst. to the City Manager 2,0.01 12-31-96 12-31-96 12-31-96 12-31-96 12-31-96 12-31-96 12-31-96 12-31-96 12-31-96 12-31-96 12-31-96 12-31-96 12-31-96 12-31-96 CITY OF FRIDLEY COMMISSION TERMS THAT WILL EXPIRE IN 1996 FOR CITY COUNCIL CONSIDERATION Term Present Members Ex�ires Aaoointee PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term) GENERAL Dave Newman 4-1-97 CHAIR VICE-CHAIR CHAIR David Kondrick 4-1-97 PARKS & REC. CHAIR Bradley Sielaff 4-1-97 ENVIRON. QUALITY CHAIR Diane Savage 4-1-98 APPEALS COMM. CHAIR LeRoy Oquist 4-1-98 HUMAN RES. AT Dean Saba 4-1-98 LARGE Term Ex ir 4-1-97 AT Connie Modig 4-1-96 4-1-99 LARGE APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) CHAIR Diane Savage 4-1-98 VICE- Larry Kuechle 4-1-96 4-1-99 CHAIR Kenneth Vos 4-1-96 4-1-99 Catherine Smith 4-1-97 Carol Beaulieu 4-1-97 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION (Chapter 6) (7 Members - 3 Year Term) CHAIR Bradley Sielaff 4-1-97 VICE- Bruce Bondow 4-1-98 CHAIR Dean Saba 4-1-98 Richard Svanda 4-1-97 John Velin 4-1-96 4-1-99 Vacant 4-1-96 4-1-99 Vacant 4-1-9820'02 Termi Term Present Members EXDllres Appointee Ex ires HUMAN RESOURCES COMMISSI(�N (Chapter 6) (5 Members - 3 Year Term) CHAIR LeRoy Oquist 4-1-98 J. Raffesberger 4-1-97 Vacant 4-1-9�6 Terrie Mau 4-1-9i� 4-1-99 Clem Coverston 4-1-9�3 4-1-99 PARKS AND RECREATION COMI!NISSION (Chapter 6) (5 Members-3 Yr. Term) CHAIR David Kondrick 4-1-9�� VICE- Marcy Sibell 4-1-9�' CHAIR Richard Young 4-1-9F3 Tim Solberg 4-1-9Ft Susan Price 4-1-9E� 4-1-99 CABLE TELEVISION COMMISSION (Sec. 405.28)(5 Members-3 Yr. Term) CHAIR Ralph Stouffer 4-1-96� 4-1-99 VICE- Robert Scott 4-1-97 CHAIR Paul Kaspszak 4-1-97 Gen Peterson 4-1-98 Burt Weaver 4-1-96 4-1-99 POLICE COMMISSION (Chapter 1Ci2)(3 Members - 3 Year Term) CHAIR John K. Hinsverk 4-1-97 Mavis Hauge 4-1-98 John Burton 4-1-96 4-1-99 HOUSING AND REDEVELOPMENI' AUTHORITY (5 Members - 5 Year Term) CHAIR Larry Commers 6-9-99 VICE- Virginia Schnabel 6-9-20()0 CHAIR J. R. McFarland 6-9-97 Duane Prairie 6-9-98 John E. Meyer 6-g-g��0.03 4-1-2001