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05/20/1996 - 4853��,` �`` ` �.� � � �: < 4;:s �� `�� OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING MAY 20, 1996 i= unror f�soitY FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Manday, May 20, 1996 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY� ADDRESS ITEM NUMBER . , , _ , � � - ,- /�,,� � °/ G�� -� �� ,� � � -�'� ; � � � �-, � a �. �� / (� C�,c �... � � ��--� ''�'-��y1 � ` �'�;�"'t C� �� . AC;l.' � Lrk�. 1 1� ' r _, i. �+' I CLCli_-�,� /�-�' �—? / '� (. �'� C '�� - � � �/�� Ci� T � �.L��' � . �/ /� . � � l ( C ��, �,, v'; � :�5� ��t��1l�r C�� C :✓U�.��E..�� %`a , �' �-� � �, �n 4iC�2_ �1`�`—�--��. G'C �_ U � f �) i� �h,�� .f.. � " � — S �� Z �-( /'i:t � /T � 1 i. �- �'" - �- � {� f _�--� + � � y�,� ' , � " I 5 __ c� �. _�� -�-k'�� . �� ...�c. '1'�__ �'� �..� � �- .>> i1 ti � j ��: � �. --� �:: E L;�,� E, iS �P�' J l`,�' � .z �_5 �,� ;� �; C ��!_7 �-�� -3-.��--�, /'��'C G%� ��i�.lZ� ��- . , � G r — , j��l ��i'? 1�:�,�,�. G�,s�.z_ -;,� r. , . ., �. �� ./ 'j(%' `'� � II : r ? � � 7/ � / y' � ~ l � � � �G <�l. yi x��l ��.v� s�'� y� j� �" � �.�� -i�-c �, 1�_,.��. f � ��. �(,�� - , �� f � , �S�l � � , , ,� - `j�;,;-2��i � � ��%Fy�� l �� ='� `� ��,��-� ;��/�_��=c�'-� /%��,-;_. - � � � , � . �' C� �: � t �- 4 � l �' G-Lti,C�- � S L I, ��- �_- �t ; j�'c _� � � <-- �� . s r � 75 % S � � �-.% E.- ,v ",�_�---- ` °7 , � � �' � �:; ( l �___ f �l )'� ' , /�,�; �i � , �--_� � C, �� ' � ?� � � � � 2�C �� ,_ � � � _ �,., � � � �� lG <'7 �1 � r V` luz+c�7L 1r `7 '�' � �� " � _ G � �� c�<��'Gt V`� / � .iC SZ- , _ � �. 'v ' f�t';, ;� `> 1`� iS -'� 1— :._ "� t_. f�= e� 1,�� f�• ��v .� t l� �'. .. . �t . .. . . . . . . ..,-.., 9 s+�o:.1�+A°., .rer._. . ,. . . .. _. . 'X ." " ".. . . . _ , .<._..:?^Y"M� �5.�_'� r��t�9.C6 `34� � �� .;, � �_ �,�.� � �� .. : � r tuLl,.G Y L: :��x � .'; 4 r{ z.. ? s:E � r ° � �� t. :#* S' � �(�1��„ 4 N ��y�¢$ � _ � _... -_ _.Y�� .��T.,a.,..�� , . _ _ � _ �. . 96 ? .. :: �, i:i. .. .... .. .. ... , .. . ,: . .�. . ,.,� � �" � . `: ..{,_:>+ 't.�. :. r ,.,..... .. �- �� - . . .. . . . � . . . . ":`�' . ;: y` � - The City of Fpdtey wi71 not discriminate against or hazass anyone in the achnission or access to, or trea�►ent, or empIoyment �� its services, I�oBtams,.a� acti�ities b�a��e o�race, colo�,,creed, ' national aaigiq, sex,; c�sab�ii�y, age, ma� s�s, :� , c� ' s x :,� �•:: .:�.. . , . ,. �..,. „.�_.>4.,.�..r. ��.,� -•,. : ;,�.. ,. ,. . . ��_.-� �,��,,.,Y ��.F �orientat�ioti or status wrth regard t� publie assistance_ ' Upo� requ accommodat�on wili be provide� ta`al�ow m�ci�ta%' a d �, : disabilities to pazticipate m any of Fridtey's services, Programs, and acEivities: Hearing unpaired persons wbo need aa�� mterpi ;�"� � =� `"` or other persons with disabiiities who require auxiliary aids should contact Roberta Collins at 572-350Q at least one week ' < advance. (TTD/572-3534� . : : ; , , . : ';� _ ; ,,.; >. �;�.. , ,�;:-� � ��:;; ,:� �. � PLEDGE OF ALLEGIANCE: � � : - :_ . ''�^ �:� � ��, PROCLAMATIONS: Student Foreign Exchange Week: May 20 - 26, 1996 Janek Schmidt, Germany Robert Francek, Slovakia Public Works Week: May 19 - 25, 1996 L�� • i Distinguished Service Award to O�cer Scott Robinson ' ':• :_ • i� ► City Council Meeting of May 6, 1996 F.. �PPROVAL OF PROPOSED CONSENT AGENDA: ��_� ,� _.�V: OLD BUSINESS: - �� .;� - - � �� :�� R �..Resotution �2equestEng ft�e; �educt�a' �' � $ '' , � E of Speed on Count� Highway 132 .. .,� ,� : ,.- _ , .. Ward 3 Tabled A ril 22, 1996 . . . . . . . 1.01 - 1.02 � ' .' i )i P� ) ......... , . . . . . .. .r. � �.z .z . �s .. . � ,. . . . . . . . . ' �. -. �_� � . .. ' � '.' . .. � � �'' Second Reading of an Ordinance � Under Section 12.07 of the City Ch rt V S t d a er to acate tree s an Alleys and to Amend Appendix C ��'�`e�� of the City Code (Vacation Request, SAV #96-01, by Imperial Homes, Inc., Generally Located at 1435 Royal S� .�.��tc..Qa.� ��'e.�.�t-a�" Oak Court N.E.) (Ward 2) . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.04 Second Reading of an Ordinance Amending Chapter 114 of the Fridley City Code, Regarding the Abatement of Junk or Unsafe Vehicles on Private Property................................. Second Reading of an Ordinance Amending Ch�pter 128 of the Fridley City Code Regarding the Release� of Abated Property and the Abatement of Same or Similar Violations on Private Property . . . . . . . . . . . . . . . 3.01 - 3.07 ............ 4.01-4.02 0 � �■ ,:�: i . � �. .. .. . , . _,. . .._ ... .,, ..,. <.. . «�.��.�.. {. �nwr.*,."�'�& . ... . �� . �� . '»' ., : . ..' � ��.j�� c �. , 3 ' �. ;s t 4 sx FC s ,�d �. �x . � r! . N� �� W . h : . , .> ��'�t ° u� ;: "�; i �. - x s+tn�� - �� E� !'�,k.;. , . . ` _ � �� Receive the Minutes"of the Planning . �� A�� a = =j� :�� '� ` � .� � ,� .. � ., . :.t�t .�.. .�.}s �. r ,. . � �,. . :. ,..... , ` :-. . .:' . . . ;, � � � Com i _ �,1996 . � � � m ssron Meeting of May 't, ¢ . 5.E}'��- .2'� -A�r.� [��. Tn?^ a��ix s�A �� .. �- :�� + :- �...� �,� a �"'�Y,�, •w,.:�. �.g� � �:`�_ 94x � '�� r rt.� � ;; ,� � .� r -�s # ' �.�r""."� . `f + � "�° s�,�+ :'�''�-, � +�s� x�a 3 �,. � rk `� l .,� x. x . � 's t -E � �r , .� ; � �� ! ,rz?i,'. �.. ,,u „ . . �,'-,..,�� .�,. _, .. �r . > . , ..r�. , .: ��. �- .-� -�- - y. . .. . � - .. . _ . . 3 :,'� - .. . � �"�`� APProv� 199� �ease Agce'emen��A��k�� ,;�V�. :�� ¢��``y��r _ � . , . . _., ; . � �,��.:o� between the City of Fridte� and ': . �;, :..: ..�. :. . µ �-.`. } S� ./�e �� . . Recycle Minnesota Resources, lnc. � �� for, the Operation of the Cit�'s �� _ , } .�� : �� f� �., ��,. , � .,�, � � Recycling Center (Ward 1) . . . . . . . . . . . . . . . . . . . . 6.01 - 6.09 . Establish a Public Hearing for June 10, 1996, for Vacation of an Easement in the Southwest Quadrant Project Area, SAV #95-02 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.03 Resolution Approving Final Plans and Specifications and Ordering Advertisement of Bids; 1996 Street . Improvement Project No. ST. 96 - 4 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.03 � .:a � � � r , � ,.5 �- � ST. 1996. - '� & 2 (Alden Wa�� . � � -; 9 0'� = 9 Q�� 7 x ��:;.{. �Mr+� �. �.�- ��: � rr«,r.:., ,�� +x � , a ..s .w a,„�+aF au.. :; `�tt,rr „ •�,vks;�-+�a r�;�� iK: a �.�� '�«:,2c�� '�'u. , x_x i � 3 > �. �, , � , � -��: �, � { s' :.; :. `: � � .. -^�' 'p,� �s �.>:�, .�w�stifr�.�m.�.,a„ �w.u. '�' x ,� , �:� . � � �, :, ' S 3. ��^SC'�:"�?x��. a;fii''v^� .,a�r'�.ntu�, #;q.{F�r.��..�1-�"ts3S:�'�2�.t�"F.�.. �'R,`'�,''�':�`:+��,'i,�.t�'°' �-+.w-�?ML"�§ ,"��`"�'1�+'i� �w-Y�^'t:F 'eA�:,..:�,�s�`, �. Resotution Receiving Finat Pians ��p��°= ��: �� ` anct Specifications and Ordering -�� M Advertisement for Bids: 't996 < �' Street Improvement Project No. � ST. 1996 - 1 & 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.07 Receive Bids on Piayground Equipment Projects . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.04 Approve Change in Authorized � Position and Reclassification of Incumbent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 't�.0'� -12.03 Ciaims .......................:.........:.. 13.01 , ��..,_�.., e � :�r�i�+r ',� $ ��'�{��'.ei�:.�;��.�M�&:�x�Y..s..�"',�'C�u;:�.._a..,..,.,, ._.,. .,.........,aatr��;:;;ia�2..e.�w'�`x��r�� -��-�se� .�',�,...�,�.��,.N�.� . � . .-,.:- ,.: , � . ., .�.�. .. �w�z s�...�rom? s ::>ui�t- cnc.,..,xrt �;�r�.�.; at.. ;. �._, a-�v. s=, �. ,� .p...�: . .. ��.y pa�z °'_ s°� �+ e { '�. ♦ �k,: � y ''; .. � . . . . ^:3Ka.`u� .,.c •r'- , . i � �rj ` +�{ �s ;-'. � k 't' F^ � f;4 ' a' . Y ( � . � ... �, nz.�{-... , ✓� �. �i ° . a.� � . . ut*,�'. r..a ;•re.."xlnM � �"'�"�'"'7��i�� ""T? Sy. �:F; `-` #Pw.:' Esfimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �5.0'� _- � T."Y? t^'`� ,'.,�x..' �.' '.-�q... -. y ': ' �� -J° �' i. 4 � .. :. , k L ~� �i t��H#Fz�'� �y�x" � t �+�t_ i� .��,s'',,E a •;;�c`�. ,.ts�i�f r '�i,��fygt�' �'��'"��,;�"��. ��,'�»C�",°' K'-�` '�r+r -�� S�` k 3 `'''e�^",'�_ , ��s"�"�e -+��,�a :�Ta, t'��±+�'�� "�: . . . .. . .. ... .. . . . . . .. . _ . ,�; . � . � � . .. . . - :.�:;:.. . .. . . . . .� . ., . . . �. . . . . , .... .. . ... . ... . . . � . . .. .. . .. . . . � . . . ... -;�. �,:. . ,. :.: r�-: -r.t,.0 . ::.� . .. . . ..,..,.' i . ADOPTtON OF AGENDA: ___ _ ,. . OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) 1,.- PUBLIC HEARING: Ordinance Approving an Amendment � � Establishing a Maximum Lot Coverage of Thirty Percent (30%) of the Calculated '' `' Front Yard Area for Hardsurface Areas . ° h� in R-1 and R-2 Zoning Districts � _ '� � .� (Tabled April 22, 1996) : . . . . . . . . . . . . . . . . . . . . . . . . . . 1G.4'f -16.20 . . , �. , r.,. -�.-�� x--�-�» . , _._ , � J .i. .>. D 4 v �.. . ' �� ,: . _ , ": .. . . . a ... f. e . m. . . ; , „c . . , � �� . �-- . . . . . � +t' � ' : i �. .�. . . .. . . . .. . .. .. . �� Special Use Permit, SP #96-09, � r F y -�� `�.�� `�� =µ � � by Sirny Architects, to Allow a Bank or � x' �-� �� ` T f" .�� Other F�r�ancial I�sfitution ir� a C-'l�;Local �: r� , �� ` �� ;�� : ��-�.iu s�f ' . s � ; r:, , �;.: � � � . �� _; .. � , � �� $usiness �oning ��st�fc�z� �e�eratl � , �� .. : , e��_ �,. . _' .. � �� `� �: . �E . .. . , , ,: - Locaied at 6303 Central Avenue N.E. �- w�� ' � f (W� '�Z.Q1 -17.23 ard 2j ..................................... � , .�, Variance Request, VAR #96-08, by Roger Moody of Friendly Chevrolet, to Reduce the Hardsurface Setback . � from the Right-of-Way from 20 Feet to 13 Feet and 7 Feet; to Reduce the Hardsurface Setback from the Side and Rear Lot Lines from 5 Feet to 0 Feet; and to Waive the Requirement for Curb and Gutter Around the Parking Lot Perimeter; all to Allow an Existing Nonconforming Parking Lot to Remain at 7501 Highway 65 N.E. (Ward 2) . . . . . . . . . . . . . . . . . 18.01 - '�8.24 Appointments to Commissions . . . . . . . . . . . . . . . . . . . . . 19.01 ► ,,Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.0'� • � .C•1�L=� <■ FR[DLEY C[TY COUNC[L ME�CT[N(: OE' ��IAI' 2(1, 1996 � l?�� rnY oF FRIDIEY Th� Cit}� of I�ridley �vil( not disc�i��inate a��ainst or harass an��ne in the admi,si�m ur acccss t��, c�r ir�atnt�n(, or employment in ils services, pro�rams, or activities because ot race, color, creed, reii�ion, national ori�in, scx, dis�ibility, a��c, mariial status, scxual orientation or status with regard to public assistance. U��on r�quest, accomn�odation �vill be provided to a(low individuals with disabilities to pa�licipate in any of �ridley's services, pro�rams, and activitics. Iie<�rim� impaired persons who need an interpreter or other persons with disabilities who mquire auxiliary aids should contact Roberta Collins at 572-3500 at Icast onc �veck in advance_ ("[TDlS72-3534) PLEDGE OF ALLEGIANCE: PROCLAMATIONS: Student Fo�eign Exchange Week: May 20 - 26, 1996 � �� JanekSchmidt,Germany ;,-��-Z-`''�'```�'`` Robert F�ancek, Slovakia Public Works Week: May 19 - 25, 1996 i �`y ' `",�� PRESENTATION: Distinguished Service Award to Officer Scott Robinson 1 � „-s..%Z`= �. �i t`�' ' APPROVAL �f MiNUTES: -(:�L-,..�-.,,�� f �. - � Y' �' l f % � � � � / �� 1.�v� ��--�= � ti x-�- t-,.--��. � APPROVAL OF PROPOSED CONSENT AGENDA• OLO BUSINESS: Resolution Requesting the Reduction of Speed on County Highway 132 (Ward 3) {Tabled April 22, 1996) _. 1.01 - 1.02 � rc...� ��.�.`C �/2z 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 #96-01, by Imperial Homes, lnc., Generally Located at 1435 Royal Oak Court N.E.) (Ward 2) . . . . . . . 2.01 - 2.04 Second Reading of an O�dinance Amending Chapter 114 of the Fridley City Code, Regard�ng the Abatement of Junk or Unsafe Vehicles on Private Property . . . . . . . . . . . . . . . . . . . . 3.01 - 3.07 , � �[%r_z..(� , �..—,-.- <'�---� T � � � �� G Second Reading of an Ordinance Amending Chapter 128 of the Fridley City Code Regarding the Release of Abated Property and the Abatement of Same or Similar Viotations on Private Prope� �L..��, � �-�- . NEW BUSINESS: 4.�1 - 4.�2 � y--`�-�- �-,�` �" '�i�z"`�1�= Receive the Minutes of the Planning Commission Meeting of May 1, 1996 _ . . . Gir, ,. �.�,. . . . . . . . . 5.01 - 5.21 �� : Approve 1996 Lease Agreement between the City of Fridley and Recycle Minnesota Resources, Inc. for the Operation of the City's Recycling Center (Ward 1) „. ... 6.01 - 6.09 � G,- �� , Establish a Pub4ic Nearing for June 10, 1996, fo� Vacation of an Easement in the Southwest Quadrant Project Area, SAV #95-02 (Ward 1) . . . . . . . . . . . . . . . . . . . 7.01 - 7.03 �''ti�. �, �,-. ��%�.� Resolution Approving Fina1 Plans and Specifications and Ordering Advertisement of Bids; 1996 Street p � #No ST 96-4 --�- k ' - Improvement ro�ec . � � � �L l.�-�f� G'- �� _��_ G L� �'''`( .�-, ,�- Ward 1) ; �."�''. . . 8.01 - 8.03 Z �.- c=�,� � Le . .x �_: �/" _ r/'�� _ fr �-�. . APPROVAL OF PROPOSED CONSENT AGENDA: NEW SUSINESS {COIUTINUEDL Resolution Ordering Finai Pians and Estimates of Costs Thereof: 1996 Street Improvement Project No. ST. 1996 - 1& 2(Alden Way) .... 9.01 - 9.02 �;�--�-��°��z� �i�� , Resolution Receiving Final Plans and Specifications and Ordering Adve�fisement for Bids: 1996 Street Improvement Project No. ST. 1996 - 1 & 2 . . . . . . . . . . . . . c;...�eC,,,;��L_ ��, r USLIC HEARiNG: Ordinan�e Approving an Amendme�t Establishing a Maximum Lot Coverage of Th+�ty Percent (30%) of the Calculated Front Yard Area for Hardsurface Areas in R-1 and R-2 Zoning Districts (Tabled April 22, 1996) .., . . . . . . . . . . . . . � �' �' __ �'� � - � ; �� NEW BUSINESS: Speciai Use Permit, SP #96-09, by Sirny Architects, to Allow a Bank or Other Financial Institution in a C-1, local Business Zoning District, General;y 10.01 - 10.07 Located at 6303 Central Avenue N.E. Receive Bids on Playground Equipment Projects_ . . . . . . .� . . . 11.01 -11.04 �!� `"L� `�,:E;�,�'-� ��.,�.� �, ; `G�� `f/�� <:f v��':-��'.`✓ �� J /�'�i� �.. G:ti-�-�-`�►`�C. L r�a..R.��% Approve Change in Authorized Position and Reclassification of Incumbent . . . . . . . . . . . . . . . . . . 12.01 - 12.03 `��.,�..;� -� Claims . . . .G��,,.f-�-'(.. . . .. 13.01 Licenses . .��-�:"'`��:�: . . . 14.01 - 14.07 .�.... Estimates . . . � . . . . . "�'�- �. . . 15.01 ,��`�''. . . . . ADOPTION OF AGENDA: G`�1., �,t�+�„'`t3'"�'1 , l'. `".ti,'C.-� / ,1'.�c.?: -�,,,7- �... � OPEN FORUM. VISITORS• C. �� L'�-`� � b c <�_ y,,.� /�� _ J �=�' (Consideration of Items not on Age�da - 15 Minutes) � �.-� �-¢-!"�,,�,,�_. . , 7� 16.01 - 16.20�, �„� �u... ��5 f��,� ��.��- �� '�� j;; ... : Y` �v�' (Ward 2) 17.01 - 17.23 - ' . . . . . . . . . . ; i . , • ,! -yJ-.�--✓�IL D � � �l� / !�"G!ZJ.� .�G �r^� . i ` ST �-%� ✓�� '.�� , . . Variance Request, VAR #96-08, by Roger Moody of Friendly Chev�olet, to Reduce the Hardsurface Setback from the Right-of-Way from 20 Feet to 13 Feet and 7 Feet; to Reduce the HardsurFace Setback from the Side and Rear lot Lines from 5 Feet to 0 Feet; and to VVaive the Requirement for Curb and Gutter Around the Parking Lot Perimeter; all to Allow an cxisting Nonconforming F'arking Lot to Rema�n at 7501 Highway 65 N.E. (Ward 2) ..... 18.01 - 18.24 G�2% �,,c.,.t--.�. c.�.� ,!�..;�' " -" . � Appointments to Commissions . . . . . . . . . 19.01 �� _ �'/,��9 �x. . � l�'�'y �"�^„�^ � G�..�- , � !J lnformal Status Repo�ts . . . . . . . . . . . . . . . 20.01 �i=' �ly �-`'�* `��`;� '�`-�_ a�� -� g� �-�� %�- �3�+-�-�` .�� --��-� , /'�'�'`�..� ADJOURN: Z►� "1'z`'_.r'��,�`"� G �. � �� y� THE MINUTES OF THE FRIDLEY CTTY COUNCIL MEETING OF MAY 6, 1996 � THE MINUTES OF THE REGUI,AR N�ETING OF THE FRIDLEY CITY COUNCIL OF MAY 6, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:33 p.m. PLEDGE OF AI,LEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CAI,L : MFMRERS PRESENT; MFMRERS ABSENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilwoman Bolkcom None LEGISI�ATIVE UPDATE- SENATOR DON BETZOLD: Mayor Nee stated that Council was privileged to have Senator Betzold here this evening to report on the activities of the legislature. Senator Betzold stated that he was very sorry he could not attend the last Council meeting. His district covers many cities, and he was detained at another meeting. He stated that this was a short legislative session which began in mid-January. There were 1,800 bills he�d over from the last session and 1,000 new bills introduced this session. He stated that at the time the session began, there was concern about budget cuts by the federal government; however, this did not materialize. Senator Betzold stated that one of the major bills is the crime bill which requires community notification of sex offenders. He served on the task force for this bill which requires law enforcement agencies to be notified, if a sex offender moves into a community. He stated that the extent of notice to the community depends on the severity of the offender's crimes. A similar bill has been in effect for several years in the state of Washington. Senator Betzold said the study of a new airport was ended. If there is expansion it will be at the present site. He felt this was good news for the north metro area. Senator Betzold stated that a bill was passed on pawn shop regulations and should be compared with the City's ordinances. One of the issues dealt with title pawning where people pawn the title of their car. He contacted the Fridley Police Department when the FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 2 bill was being considered and obtained ideas on how to amend this bill. Senator Betzold stated that there is more flexibility for cities on the issuance of temporary liquor licenses. He said, currently, a city can only issue a license for no more than three days and this now has been changed to twelve days. Senator Betzold stated that another bill prohibits a city from paying a consultant a percentage of the estimated costs of improvements. Consultants can be paid on a flat fee or hourly rate but not a percentage of the costs of the improvements. Senator Betzold stated that Mr. Flora, Public Works Director, contacted him to request assistance in funding the Locke Lake project. This request was too late to be considered for this session but possibly something could be done next year. Senator Betzold stated that there is a bill that he introduced which was watered down that would have given cities a stronger hand in closing down businesses that do not comply with city ordinances. However, if a city has a non-conforming business there is another statutory authority to get to court quicker. Senator Betzold stated that there was no agreement on a gas tax. The funding formula does not benefit Anoka County, and he did not feel a gas tax increase would help at all. Senator Betzold stated that nothing happened on praperty tax reform, and this probably will be a big issue going into next yea�. He stated that the Senate proposed a property tax freeze to force discussion, but nothing materialized. He felt there needed to be some reform to help everyone. Senator Betzold stated that he appreciated the opportunity to appear before Council and hearing from City staff during this past legislative session. He would like to hear from Council on their ideas regarding property tax reform. Mayor Nee said he was happy the issue of a property tax freeze was disposed of. Mayor Nee thanked Senator Betzold for the update and said he appreciated what he is doing for the City. APPROVAL OF MINUTES: CONTINUED BOARD OF REVIEW MEETING OF APRIL 22, 1996: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 3 COUNCIL MEETING OF APRIL 22, 1996: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: l. APPROVE FLOOD HAZARD MITIGATION GRANT AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES: AND APPROVE CONTRACT WITH SHORT, ELLIOTT, HENDRICKSON,. INC. (SEH) TO COMPLETE THE MISSISSIPPI RIVER FLOOD ELEVATION STUDY (TABLED APRIL 22, 1996): Mr. Burns, City Manager, stated that the terms of this grant agreement are that the City pays fifty percent of the cost of conducting a study to determine the 100 year flood elevation of the Mississippi River; The City agrees to abide by state statutes relating to non-discrimination, prevailing wages, and accounting and auditing; and to hold the state harmless from any claims or actions arising from the performance of the agreement by the City. He stated it is understood that if the 100 year flood elevation is higher or lower than the current elevation specified by FEMA, the City shall apply for a revision to its flood insurance study and rate maps. Mr. Burns said the terms of the agreement with SEH are that they will obtain hydrologic/hydraulic information from the Minnesota Department of Natural Rescurces, the Corps of Engineers and USGS, as well as FIS information and documentation. SEH will obtain mapping of the project area from the City and contact Hennepin County regarding operation of the Coon Rapids dam. SEH will review the information and submit a report for an estimated cost of $12,000. Mr. Burns stated that staff recommends approval of both of these agreements. APPROVED THE FI�OOD HAZARD MITIGATION GRANT AGREEMENT WITH THE STATE OF MINNESOTA, DEPP.RTMENT OF NATURAL RESOURCES; AND THE CONTRACT WITH SHORT, ELLIOTT, HENDRICKSON, INC. TO COMPLETE THE MISSISSIPPI RIVER FI�OOD ELEVATION STUDY. NEW BUSINESS: 2. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 114 OF THE FRIDLEY CITY CODE, REGARDING THE ABATEMENT OF JUNK OR UNSAFE VEHICLES ON PRIVATE PROPERTY: Mr. Burns, City Manager, stated that this ordinance amendment provides a more detailed definition of what constitutes a junk FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 4 vehicle. The ordinance provides reference to state statutes in defining unsafe motor vehicles, and a detailed five-day notification and abatement process to replace the current twenty-day process. He stated that the ordinance also provides for an aggrieved owner hearing process and identifies a one year "sunset date" to allow for re-examination of the ordinance one-year from its adoption. He stated that the strengthened junk car ordinance was supported by 62 percent of those responding to the City's recently completed survey by Fridley residents. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 3. FIRST READING OF AN ORDINANCE AMENDING FRIDLEY CITY CODE, REGARDING THE RELFAS AND THE ABATEMENT OF SAME OR. SIMILAR � PROPERTY: 4. CHAPTER 128 OF THE OF ABATED PROPERTY OLATIONS ON PRIVATF_. Mr. Burns, City Manager, stated that this ordinance amendment requires an agreement with the property owner prior to the return of abated materials to the site of the initial abatement. The ordinance requires the property owner to pay any of the City's costs for removal or storage of abated materials and requires the property owner to agree not to return abated items to their original location. The ordinance also provides for an abbreviated notice for removal of illegally stored items that have previously been abated. WAIVED THE READING AND APPROVE THE ORDINANCE ON FIRST READING. RESOLUTION N0. 32-1996 CALLING FOR THE ADVERTISEMENT FOR BIDS FOR THE WELL NO. 12 WATER TREATMENT PLANT PROJECT N0. 293: Mr. Burns, City Manager, stated that the 1996 Capital Improvements Plan provides $1,066,000 for the construction of a filter that will remove iron and manganese from water pumped from Well No. 12. The construction of the filter will provide an additional 1.7 million gallons per day of filtered water and will nearly eliminate the pumping of unfiltered water during summer months. Plans and specifications have been prepared by Maier Stewart and Associates, with bids to be opened June 19, 1996. The project construction will occur during 1996 and will be completed by June, 1997. Staff recommends adoption of this resolution calling for the advertisement for bids for this project. ADOPTED RESOLUTION NO. 32-1996. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 5 5. RESOLUTION N0. 33-1996 ORDERING FINAL PLANS AND ESTIMATES OF COSTS THEREO�: 1996 STREET IMPROVEMENT PROJECT NO. ST 1996 - 1 & 2: Mr. Burns,.City Manager, stated that this resolution provides for the reconstruction of 77th Way between East River Road and the Burlington Northern railroad tracks. The street will be widened from 36 feet to 44 feet, and there are no assessments for this project. The street construction work will be done in conjunction with the construction of a new twelve-inch sanitary sewer line that will connect a sanitary sewer main on East River Road with a major sewer interceptor on the east side of the Burlington Northern Railroad tracks on 77th Way. ADOPTED RESOLUTION NO. 33-1996. 6. RESOLUTION NO. 34-1996 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFIC�TIONS .AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST 1996-10 (SEALCOAT): Mr. Burns, City Manager, stated that this resolution authorizes specifications and bids for the 1996 sealcoating project. Streets not sealcoated in the 1995 plan have been added to those programmed for 1996. A vast majority of this sealcoating will occur between University Avenue and Highway 65 in the areas north of I-694 and south of Rice Creek. The 1996 program will also focus on streets between Old Central Avenue and Stinson Boulevard in the area north of 73rd �lvenue � and south of Osborne Road. The estimated cost for this 1996 project is $235,949, and staff recommends adoption of this resolution. ADOPTED RESOLUTION NO. 34-1996. 7. RESOLUTION NO. 35-1996 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST 1996-11 (SLURRY SEAL): Mr. Burns, City Manager, stated that this resolution authorizes specifications and bids for the 1996 slurry seal project. The City will slurry seal the streets that have been improved within the last five years. The program will focus on Rice Creek Terrace, Brookview Drive, Monroe Street and portions of Seventh Street and 67th Avenue. The estimated cost for this project is $54,000. Although this project has not specifically been provided for in the 1996 Capital Improvements Plan, staff believes there will be ample funding from abandoned portions of the 1996 street reconstruction program to cover these costs. ADOPTED RESOLUTION NO. 35-1996. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 6 8. RESOLUTION N0. 36-1996 INDEMNIFYING AND HOLDING HARMLESS THE STATE OF MINNESOTA FOR ACTIONS ARISING FROM THE GRANTING OF A VARIANCE ON S.A.P. 127-310-04 (CHERI LANE-FILLMORE STREET) STREET IMPROVEMENT PROJECT NO. 1993-2: ADOPTED RESOLUTION NO. 36-1996. 9. RESOLUTION NO. 37-1996 AUTHORIZING THE TRANSFER OF $1,000,000 FROM THE CLOSED BOND FUND TO THE CAPITAL IMPROVEMENT FUND IN ORDER TO FUND PARK IMPROVEMENTS: Mr. Burns, City Manager, stated that this resolution is the result of Council's decision to invest in a five-year program for upgrading equipment in City parks. The 1996 Capital Improvements Plan proposes expenditures of $186,0000 for upgrading equipment at Harris Pond, Jay, Logan, Springbrook, Summit Square and Terrace Parks. ADOPTED RESOLUTION NO. 37-1996. 10. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that he is recommending the appointment of Gerald Newberger to replace retiring p�lice officer, Thomas Sauer. Mr. Newberger is a graduate of �noka High School, has an AA degree from North Hennepin Community College and a BS degree in Business Management from St. Cloud State University. He was previously a detention cleputy with the Hennepin County Sheriff's Office. CONCURRED WITH THE APPOINTMENT NEWBERGER AS PATROL OFFICER AT HOUR BEGINNING MAY 20, 1996. 11. CLAIMS: BY THE CITY MANAGER OF GERALD A STARTING SAI�ARY OF $12.99 PER AUTHORIZED PAYMENT OF CLP�IM NOS. 67807 THROUGH 67994. 12. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND 1�S ON FILE IN THE LICENSE CLERK'S OFFICE. 13. ESTIMATES: APPROVED THE ESTIMATES, AS SUBMITTED: FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 7 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 February 1996 . . . . . . . . . . . . . . . . . . . . $15, 858.15 Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of April, 1996 . . . . . . . . $ 4,250.00 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard N.W. Coon Rapids, MN 55435-5489 Legal Services Rendered During February, March and �,pril, 1996. . . . . . . $ 301.89 Richmar Construction, Inc. 7776 Alden Way N.E. Fridley, MN 55432 53rd Avenue Booster Station Renovation Project No. 280 Estimate No. 1 . . . . . . . . . . . . . . . $71, 439.95 No persons in the audience spoke regarding the proposed consent agenda items. MOTION by Councilman Schneider to approve the consent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: PRESENTED PETITION RE: POT BELLIED PIGS: Ms. Cindy Langendorfer, 15 63rd Way, presented a petition to Council to amend the ordinance to allow potbellied pigs to be kept as domestic pets in single fam.ily dwellings under the same laws and FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 8 regulations as dogs. It has been proven that there is little chance that anyone can get a disease from these potbellied pigs. They do not shed or bark so they are not a nuisance to the neighbors. Ms. Langendorfer stated that she has had potbellied pigs for over a year, and they range between 15 to 120 pounds with a height of 18 inches. Councilwoman Bolkcom stated that the reason Ms. Langendorfer is before the Council is that these animals are not covered under the City's ordinances and, accordinq to Ms. Langendorfer, these animals are very clean and intelligent. She said that Ms. Langendorfer is a foster care provider and has not had any trouble with her licensing because of these animals. MOTION by Councilwoman Jorgenson to receive Petition No. 6-1996. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson asked if these animals require shots. Ms. Langendorfer stated that shots are required only for their own health. They are tested for rabies and if found to have this disease, they are destroyed. LEGISLATIVE UPDATE BY REPRESENTATIVE ALICE JOHNSON: Representative Alice Johnson stated that she had intended to be at this meeting when Senator Betzold was present, but this was not possible as she was asked to crown the king and queen at the Fridley Convalescent Center prom. That was a rewarding experience, and she felt honored to have been selected. Representative Johnson stated that there were a lot of issues in this legislative session that were uncomfortable to deal with in terms of ethics. The legislature balanced the budget and has a strong budget reserve with no new taxes. Representative Johnson stated that Council informed her of their views regarding the issues of a property tax freeze. That would have been difficult for cities and school districts and is something she did not support. She believes before changes can be made to the old system, there has to be a new system to replace it. Representative Johnson stated that $15 million was appropriated for the infrastructure and construction of a science building at Anoka Ramsey Community College. Representative Johnson stated that the wetlands bill was also addressed to make it possible for more economic development in Anoka County while also protecting the wetlands. She felt there would be more discussion in next year's session regarding tax increment financing. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 9 Mayor Nee stated that Council appreciated her representation on the City's behalf and her years of service. Representative Johnson encouraged Council to keep her informed on the issues that are important to the City. RICHARD NETZ & LEROY ANDERSON RE: ALDEN WAY PETITIONS: Mr. Richard Netz, 7776 Alden Way, submitted a petition for reconstruction of Alden Way. He felt the street needed to be widened, and he believed he had the necessary signatures to proceed with this improvement. Although there was a lot of objection to widening the street and having no parking, the majority are in favor of it. Mr. Leroy Anderson, 7581 Alden Way, also submitted a petition for reconstruction of Alden Way. MOTION by Councilwoman Bolkcom to receive the two petitions, No. 7-1996 and 8-1996, for the reconstruction of Alden Way. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Leslie Richter, 7847 Alden Way, stated that she and her husband purchased their home on Alden Way in 1990. She takes pride in the fact that they made a conscience decision to stay in Fridley where both of them lived and attended Fridley schools. Ms. Richter felt the City should take advantage of the resources and invest in the improvement of Alden Way. People are willing to make investments to improve their homes, and she felt it was also necessary to have good streets. She encouraged Council to proceed with the improvement. Dr. Joseph Lapinski, 7680 Alden Way, stated that he would agree the City needs good streets and curbs and gutters, but he has a problem with widening the street. He objects to the state regulations that a street needs to be a certain width, which he felt .was not appropriate for Alden Way and not conducive to good living. Mr. Flora, Public Works Director, stated that Alden Way is 30 feet wide, but with the new curb and gutter, there would be an additional one foot of concrete on each side, making the street 32 feet wide from curb to curb. The state standards require that a street 32 feet wide have parking only on one side. Councilwoman Bolkcom stated that no shrubs or trees would be affected by the widening. She honestly did not believe the speed would increase. Councilwoman Jorgenson stated that streets have been improved all over the City, and the argument that everyone will drive faster simply is not true. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 10 Dr. Lapinski stated that when universal laws are applied it does not work. The majority of the property owners are in favor of curb and gutter but he did not understand why there cannot be an exception regarding the width and parking. He questioned how these standards could be changed or modified. Councilwoman Bolkcom advised him to contact his legislators. Mr. Flora stated that he serves on the task force that reviews the state standards for streets. They have finished dealing with rural roads and will be discussing urban state standards in the future. Mr. Jerry Fuhr, 7836 Alden Way, stated that he is disappointed that there is not a better solution. With pressure from his neighbors and the fact that he would like an improved street, he supported the petition, although he has not signed it. He would like the street as a residential street and not have the parkinq limited. Ms. Richter stated that she agrees with Dr. Lapinski's comments. She felt once the improvements were completed, the property owners may want to use their own resources to make the street as aesthetically pleasing and as unique as possible. Councilwomar� Bolkcom stated that she appreciated the work of t:�ose who circulated the petitions. Mr. Leroy Anderson asked if a decision could be made this evening. Councilwoman Jorgenson advised him that this is not an agenda item. Councilwoman Bolkcom stated that if this was an agenda item, action could be taken by Council. These petitions were submitted under the open forum segment so it was not an official agenda item. Mr. Flora stated that fifty percent of the residents are in favor of the project. This improvement could be added to the 1996 street improvement project and placed on Council's agenda for action at the next meeting. NEW BUSINESS: 14. 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 #96-01, BY IMPERIAL HOMES, INC., GENERALLY LOCATED AT 1435 ROYAL OAK COURT N.E.) (WARD 2): Mr. Hickok, Planning Coordinator, stated that this is the first reading of an ordinance for a vacation at 1435 Royal Oak Court N.E. He stated that the vacation is for a portion of a drainage easement to allow construction of a home at this address. A public hearing was held on this vacation request on April 22. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 11 Mr. Hickok stated that the question before Council this evening is. whether to allow an exchange of property. The area to be vacated equals 140 square feet, and a proposed alternative easement area is 280 square feet or two times that which is being vacated. This easement area will protect additional natural features on the site and is good compensation for the area to be vacated. Mr. Hickok stated that staff's original recommendation was for denial; however, the Planning Commission recommended approval of the vacation. At this time, staff is recommending approval, as they believe the exchange is an appropriate exchange of land. It also offers something of value where a smaller area would be vacated and a larger area preserved. Councilman Schneider stated that the ordinance does not contain the legal description of the new easement to be dedicated. Mr. Hickok stated that when the ordinance is before Council for a second reading it will contain the legal description of the new 280 square foot easement. Councilman Schneider stated he understood that this vacation was a wetland buffer zone. Mr. Hickok stated that this was a drainage easement added as part of the plat to help provide a buffer around the wetland delineation. Councilman Schneider stated that he had reservations relative to the way this was presented. He felt this certainly made some sense in that the City is adding a drainage protection area and expanding the size of the protected area. Mayor Nee felt that this was a very creative solution to a tough problem. He congratulated Councilman Billings on presenting a solution. Councilwoman Jorgenson questioned the elevation of the new easement area and the direction of the drainage. Mr. Hickok stated that the drainage follows roughly the same contour. There is vegetation that will be protected in this area. He concluded that there may be some water in this 280 square feet easement during heavy rainfall. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Further, to direct staff to add the appropriate language into the ordinance to indicate the dedication of the new easement in exchange for the vacation before it comes back to the Council for second reading. Seconded by Councilwoman Bolkcom. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 12 Councilwoman Bolkcom stated that she understands this is a satisfactory compromise. Mr. Hickok stated that Mr. Haluska had spoken in opposition at the public hearing; however, he was unable to attend the meeting this evening. Mr. Haluska advised Mr. Hickok that he could support the exchange. Mr. Reyes, 1479 N. Danube Road, stated that he tried to reach Mr. Haluska, but understands he is out of town on business. He was not aware that Mr. Haluska approved of this plan. Mr. Reyes stated both he and his family are opposed to the plan. Mr. Reyes stated that the issues are still the same and it seemed Council had significant opposition at the public hearing. A great deal of attention has been brought to this matter, and he wondered how this decision can be made this evening without further input. Mr. Reyes stated that he attended six months of ineetings on this matter. Promises were made by Council that lines.drawn on surveys would be honored by all parties. He is now hearing that wetland delineation can be changed for the convenience of the developer. Tn regard to the area to be added to the back of the lot, he did not know the effect on the wetland. He is concerned what would happen to the wetland if buildinq is allowed in this easement. Mr. Hickok clarified that this is not an encroachment on the wetland delineation but an encroachment on the drainage easement created for an additional buffer. The delineation of the wetland is not affected, but the easement area is. Mayor Nee pointed out that the exchange is fairly common and is used throughout Minnesota. It is not unusual to have a two-to-one exchange which is reasonable for wetlands. Mr. Reyes stated that this is a new plan that has been brought forward, and there was no discussion at the last meeting about this exchange. He was troubled by the process if a vote would have been taken. Councilman Schneider stated that the public hearing was for the vacation of an easement, and that is what Council is consi:dering. The reality is that a mistake was made, and Council is trying to figure out a way so that everyone wins. Councilwoman Jorgenson stated that Council would be voting on the first reading of the ordinance; however, there is a second reading before adoption. Mr. Horeck, the proposed homeowner, stated that the original mailing included ten property owners, and nine have indicated no objection. 5ince this time, three new property owners support the vacation, and he submitted a list. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 13 MOTION by Councilman Schneider to receive the letter of support. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. Mr. Horeck stated that he has gone through the process and felt this was a solution that would work. The whole garage wall is open, and the problem is with the water. He requested Council to take action for approval. Councilman Schneider stated that there must be two readings of this ordinance before it can be adopted, and the process cannot be shortened. Generally, the second reading is a procedural matter, but if the garage is closed before the second reading there is a risk involved. Councilman Billings stated that the normal procedure is to vacate drainage easements when there is a potential encroachment. Drainage easements have been vacated many times, and the City never received any trade. As a result of the'"input from the public hearing, the City is actually receiving land in exchange for the vacation. Ms. AZicia Reyes, 1479 N. Danube Road, stated that after the article in Focus News, it was very definitive that Council was against this vacation and to vote for it would be a hypocrisy. She is strongly opposed to giving up land for the architect and the developer because this would excuse incompetence. Councilman Schneider said what is involved is a small area, and there is the question of being reasonable. He asked Ms. Reyes if she was really concerned about the few square feet involved or if she really does not want a home at this location. Ms. Reyes stated that if a person gets away with a small mistake, it could lead to others. She did not want mistakes to be excused. Councilman Billings stated that he never viewed this as a mistake but as a change. The developer submitted plans and the persons purchasing the property wanted to build a home that would not exactly fit onto the property as defined in the plan. A request was then submitted for a change. He did not think the homeowners made a mistake or that the developer or architect is inept. Councilman Billings stated that the article in the newspaper probably overstated Council's intensity on this issue, and some people placed a greater emphasis on this matter. He wanted to leave his options open and be in a position to reconsider if an acceptable proposal was forthcoming. Councilman Billings stated for someone to interpret that he was totally opposed to the vacation of this easement is inadequate. UPON A ROLL CALL VOTE ON THE MOTTON FOR FIRST READING OF 2HE ORDINANCE, Councilman Schneider, Councilwoman Bolkcom, Councilman FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 14 Billings and Mayor Nee voted in favor of the motion, and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a four to one vote. 15. RECONSIDERATION OF SPECIAL USE PERMIT, SP #80-06 {WAIVING STIPULATION) BY JEROME CHRISTENSON, GENERAI�LY LOCATED AT 6260 STARLITE BOULEVARD N.E. (WARD 1): Mr. Hickok, Planning Coordin�tor, stated that this is a request to waive a stipulation on a special use permit issued in 1980. The petitioner is requesting release from an agreement which requires him to sell two single family iots as one unit, which was part of the approval of Special Use Permit, SP #80-06. Mr. Hickok stated that the petitioner recently agreed to sell but has not closed the sale on a single family dwelling at 6260 Starlite Boulevard. The other lot at 6250 Starlite Boulevard has only a second accessory structure for which the special use permit was issued in 1980. At the time of preparing to close the sale the petitioner was made aware of the agreement which required both lots to be sold together. Mr. Hickok stated that the petitioner has agreed that if he is released from this agreement and if the adjacent lot is not sold within nir.ety days, he would apply for a building permit for the property and proceed with construction of a home. He stated that Mr. Christenson did have a home designed for the site, and the garage was built with frost footings and necessary connections. The plan now for the home is to downsize it from 1,500 square feet to 1,200 square feet. If Mr. Christenson sells the property, the new owner would be required to apply for a building permit within 45 days of closing. Councilman Billings stated that at the time this special use permit was issued, both Council and the Planning Commission emphasized to Mr. Christenson that placing a garage on an empty lot, without a home, was not the normal procedure, and this is how they came up with this solution. He stated that Mr. Christenson's letter states that he will try to sell the property or take out a building permit for a home within a certain period of time. It has been sixteen years, and there still is no home on the lot. He asked if there was a reason. Mr. Christenson stated that when he originally purchased the property, his intention was to construct a home on that lot, and plans were drawn in 1988. At that time, he had a job change. He is now traveling a lot, and the property is too much for him to maintain. He knew about the agreement on the property at 6250 Starlite Boulevard but was unaware it covered the property at 6260 Starlite Boulevard. Councilman Billings stated that as he understands it from Mr. Christenson's letter, if the adjacent lot is not sold within ninety FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 15 days, he would apply for a building permit for the property and proceed with construction of a home. If he sells the lot, the buyer will be required to apply for a building permit within 45 days of closing on the lot. MOTION by Councilman Billings to release the petitioner from the agreement signed in 1980 provided that Mr. Christenson, as evidenced in his letter dated May 6, 1996, agrees either to a sale of the property or an application for a building permit within ninety days. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 38-1996 SUPPORTING THE CONTINUED OPERATION OF COLUMBIA ICE ARENA BY ANOKA COUNTY: Councilman Schneider stated that he requested staff to draft this resolution. Everyone is aware that Anoka County intends to sell Columbia Arena, and he proposes that a sports association or communities purchase it. He is amazed that some of the County Commissioners forget about southern Anoka County and spend in the northern half of the County. He felt that the Commissioners should be made aware of Council's feelings and this is the purpose of this resolution. MOTION by Councilman Schneider to adopt Resolution No. 38-1996. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 17, INFORMAL STATUS REPORTS: Mr, Burns, City Manager, stated that at the conference session after the Council meeting, he would like to discuss options concerning hard surface driveways. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 6, 1996 adjourned at 9:24 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor t � - #�.� , � =�„A;,: ,a=:�t . ` ��" .�k _. ,. ,., .-� , _ � , � � �' � � of Fridlev � ,. _ . , .. �. .,�,-..�.�. �.��5�,�--� �-�<��•��`�ll tJ' �. t� p r� ' � _ �� —:�,:�..s� � � rr ►r �� ..> 6 M +S .`." Ji.J� �1 �� . , . _. . . ,'. . ; . : �a w�u��, w B�: c��x �r � = a �� . � � ..� anager � � , �, :'�, � " ' ' Y �.. ��--�� : �. xx:� .� _�� s ., _.�� ,�..�:.�� - *.� �;.:��::� ,,,{� . �� S, �.. ..� �. `PWS6-I �2 ��.�� FROM: .To� G. Flora,'Public W K >., , ,. , � ` r � . . OIICS� . �;"� �.;� �— a �i #� F� ��- �;�� ;,.� ;=�. Director DATE: May 20, 1996 � �- � : � : -.r .., _.... �, �. . � .� , ,. ,il�� :r r�.t. -; rt.� .. -�.. F , .,�s� < .€�2-- - . �?`-�4m'.*'+�v`�,. x, .'a'�"r ..F* x+tS r . +'�'°' �'�,�"`�, '� �„e, :; Z' .;�t- _ � . . . . . . . . , . . . - .+sL' �q. ?h -di�n�'• . ""4's%' u, s. . �� 'TSw , t-t.`. S�JECZ"• BSth Avenue Speed Limit Study ..- - - � I have been advised that the City of Coon Rapids has submitted a resolut' f of Blaine has subrrutted a letter in su lon and fhe City East River Road and University Avenue �HiqhW� 4�t study for 8Sth Avenue between Y ) Recommend the Council adopt the attached resolution r uestin An conduct a speed limit study for 85th Avenue from East Ri qev r Road east ko LT ��ty to Avenue. ruversity JGF:cz Attachment � 1.01 �� , :; � . . r � �� ,�,�,y� _ ..�a.'.' ,. �., w . ...:.�. . �L�f�Yv��,.: � �„�` ' ��:'�' �]il�j� Fi' ';��y" �� Fricti.eY�s. Spr�tx� �-,, .-. � _ , _,� a�. ,n.. ,�, , . .�:.: . .... «. _ .- .�,N '. , ... ... . i,r._ bt i�, sea.rc�i of c�tiet arr� wildii€e experiences, and .,, �` _ :, � �.�� «�_� 1 �. .��.� �� _ .,.��. ��;;�,... �. . ; -. . r,... _':` .� 1�REAg,'? t�e `aa�e.ss;�� sa€et�E�and nat��e3cperieryoes at� tiye S�i�k.,�,Na . ... �.�� ,�{ .. � � �. � , �� , ,..- ��-�� 'a`ii�...,..� �,, ,� -� , � �� Ce�te��Y+e=�ir�er� by�ii�+� �:�tif�=veiric�es�� .� ; .,,: �.: p: .,.,, .. ��: :� 1�A8, � the Citg� Ckxa�ci.t� Ioetieves that tl�e vphicle �eed of,.50�� x.cx�thi,s,�,.��.�",,��,� �� shauld be reduved. ' �, . .. .. 3 _ � . �.. f . . «:: . NOW," T�oI�, BS I'� It�OLV� �lT, _ti�e Ci�y f)ait�c�. of tt�e Cit� o€ -Fric3��rf' ;�'�. ;:;�. �-- ,,=�.; Anaka Camty, Minnesota, that the Anoka CcxuYtY ��Y �P�'� �� ', to reduce the traffic speed on Camty Highway 132 to a n�ax�..n+! of 40 miles per ,. haar. P�i888D AI�ID ADOPl� B7i T� G'ITY OOZA�C'IL 0�' '!� CITY OF FRIDLSY �8 8'Iii L�iY 0�' APRIL, 1996. ATTF�T: WILLIAM A. Ci�A - CITY CLERK 1.a2 WILI�AM J. NEE - MAYOR 0 lirii� ...s�w��.'� 4�"z�+"�' . t<y ` _ � i 5 ,...� - � _r . . . . .. , ,: �. .s.. .. _-�Ee'.' x#! ..�'= ,.. , ..: . _. ... L �...ruC..t�P�Gf `iK�adnY.i%:'.s':aF�y..uataiia4ura �...,.�.. _sLe__s� �....�� .�... � a,x.r.s`t .... . �x£-. > , ..._? � - �'�. ; I _. x'..-, _ . .. ,._ ..,- �... ..�,-� ...y..�..a �" :- � . . � � ...._ , . y?�' .ra..av�4!-��-n. .,.�,e#'wao-A.=,utu...,:y�c`� '%dsi*�}sx3e v.��i� .� ' ' �' , - . _ . , „J�;'SP� . �, ki':.�r..+er�ii''1�7tia��d; Ys r.'-:,,+�.r ^,+Y,a r-� n;'aar�:P�eT»�.a�s�.e""�.!a�'-='.��,3.�vQ..+Y+i�r�;+L:i"`�.`..�.:-ae.�ar :;":u' _':�_�. "�'?� DATE: May t6, 1996 . : . p-a - � ^ � : : �: � :. - . , � � � � � :t 5�� ,, �.: �0;.��-��"�'�"�� Itiam, Bums;;� Manager . �, �� .+� =; �� y. .:: FROM:. -. , � .�,:,� .� Barbara Dacy, E:ommunity Development Director��;r . _ � ��,, . _.m;, � ,,; �. Scott Hickok, Planning Coordinator _ �..- - Michele McPherson, Planning Assistant _ . :� . � � .' : �� SUBJECT: Second Reading of a Vacation, SAV #96-01, by Imperial Homes, Inc.; 1435 Royal Oak Court N.E. The City Council conducted the first reading of the attached ordinance at its May 6, 1996 meeting. RECOMMENDATION Staff recommends that the City Council approve the second reading of the attached ordinance vacating a portion of the drainage easement on Lot 7, Block 1, Totino- Grace Addition, MMJdw M-96-232 2.01 �._ . . �, ._,. . ..,.,._e..� �. �___ . ,_� rivw:*Yss. � �, ,�, ,�.t The City Council of the City of Frid].ey does hereby ordain as'��`.>��- follows: ;:�:.�..m , .. ...._. , _—_____' .��.:�. ., .. ��;� �....�......� =..a+vsiv ��aaaca.aaacayc-� ca.�cauc�ib.7 �� 4C.�t�:LZi7CGi-.;d.S" x.�.r--. .�.. ,:.-7r.g`.�`°?`w`. fa2iows: �-��.�;:: �;� �� That part of the drainage easement as dedicated on ��- ;��`- � � rt , . �,�ot 7, Block 2, To�ina �race Addition� Anaka , ; �' � "�-:' : ,`� �* -. `' �"" .'�� ' County, ' Minnesota; `�` described as foltows c , � '�� .�"`�''°�� °� : . �`` eommencinq at a point on the north iine of said "e"i�° "�" Lot 7 distant 65.10 feet east from the northwest � corner of said Lot ?; thence on an assumed bearing of South 28 degrees 00 minutes 00 seconds East along the west line of said drainage easement 29.75 feet to the point of beginning; thenc� North 71 degrees 50 minutes 00 seconds East 3.80 feet; thence South 22 degrees 08 minutes 07 seconds East 34.86 feet; thence North 71 degrees 50 minutes 00 seconds East 7.20 feet; thence South 18 degrees 10 minutes 00 seconds East 19.96 feet to said west line; thence northerly alonq said west line to the point of beginning. Be and is hereby vacated. 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. SECTION 3. In return, the petitioner has agreed to dedicate a perpetual easement for drainage purposes across that part of Lot 7, Block 1, Totino Grace Addition, Anoka County, Minnesota described as follows: Beginning at a point on the north line of said Lot 7 distant 65.10 feet east from the narthwest corner of said Lot 7; thence on an assumed bearinq of South 28 degrees 00 minutes 00 seconds East � along the west line of said drainage easement 29.75 feet; thence North 65 degrees 06 minutes 40 seconds West 47.24 feet to said north line; thence easterly alonq said north Iine to the point of beginning. Except the north 5 feet thereof. 2.02 ■ : .. .. • _ .. r . _ ';� _ . �: � ��`� Paqe z .- ordinance� �.. t �:. �. �� . _. _ ,: �� .n .� �r� .�. - _� . ; �,. _.-_ �.: �,-� ,��«.��.�.� �� ('� . . :, . �., . _;. . .., �, .. ,._ L ,; , .:.,. � . . �� ,_; K �w1�+f � ' . � - ..� ..£.. `�' ' ' e . . � - . . . Z -�ar£ . r�{: �• � , . . . . . . . . . . . . , . . .. . . . ... :..� . ��. .. . ._.. ..��.. . � �.,. . -- i�t'1s` 1:. ., - �. �:. ...,'. . . . � . n. .:, .: :��:�A �+�,�+�� ¢,$��y'rr �¢�� .�.y -.. yfl+ ...�is?,a A".r::�'5�.,.i- �z.e e,r"{*4. i+.�r3" Ct F ..'t�' d ..,K'... ik.i..� y`�,�y�� S � ,s+. d +� .�� 9"7�'��'lF+:'�� 'I�i� � �� . . 'S k.'.��° � s$.� +e�.e 4q�?P M;S=.'i�N$..�' !�Y' �A' ".w+n��""t�4iF �-.��„'.aF*�1'�b .. f-,',P"� .diw"��"^t�} QiBC�O�/'�c p«as� .S ,. r. r .:.: , . .. �. . ..,�.:. . , ...,. ..... _... , w.,..:... ......:,.. . . . . . , _ . . . . . . .. : . . '. ...:.,, ...._ ....;�. ' .' �i , WILI�IAM J. NEE - MAYOR - �` � : ,._ a...: ATTEST: _;. -e�c � :., . . _: „�: s,„• a-�. i�: � � . �; � � ��» �x, �:a ;a�' a. I . . _- . : „ . ,; •;; WILLIAM A. CHAMPA, CITY CLERK . { �... Public Hearing: First Reading: Second Reading: Publication: April 22, 1996 May 6, 1996 2.03 � ��3��tc� � �l��acri �t��o�� << �, �� .�::� .� � f Easement Vacation across lot 7. Block t, TOTINO GRA E ADDlTION. Anoka County, Minnesoto pESCRIP?ION FOR EASEMENT VACATION Thct port of the dreinage easement cs dedicated on Lot 7, Blodc t, TOTINO GRACE ADDITION. Anokc County, Minneaota deacribed cs foilows: Commencing ot o point on the north lina of soid Lot 7 distcnt 65.10 feet �ost from the northwest comer of scid Lot 7; thencs dn an cssumed bsarMq of South 28 deyrses 00 minute= 00 steonds East alony the weat IM• of aoid droineqe �osem�nt 29.75 feet to the point of begtnning; thence North 71 dsgreea SO - minutd 00 aeconds Eest 3.80 feet; thence South 22 deqrees 08 minutes 07 aeconda Eaat 34.86 feet; thence North 71 degrees 50 minutss 00 seconds East 7.20 fset; thence South 18 degrees 10 minutes 00 seconds Eaat 19.96 feet to soid weat line; thence northerly olon9 said weat line to the point of beginning. DESCRIP_TION FOR EASEMENT QEDICATION A perpetuaF easement for drafnaye purpoaes ocross that part of Lot 7. Block 1. TOTfNO GRACE ADDITION. Anokc County. Minnesota described as follows: Baginning at o point on the north iins of safd l.ot 7 dtstant 65.10 feet east from the northwest corner of soid Lot 7; thence on on aasumed beorinq of South 28 deqrees 00 minutea OQ aeconda Eoat olonq the weat Iint of soid Croinage easement 29.75 tett; tAenc� North 6S degress 06 minutes 40 seconds West 47.24 feet to soid north line; thence eaaterly dong soid north line to the point of beginning. Except the north 5 feet thereof. Area to be vecoted = 140 sq.ft. e of �Ot � N 87°08'25" W �North 1.1n W ,., . _ 51.13 / 5 7�86�55» � ,_gg.10� �. : . � _ � � � � \ N� \ G> o � y 5\ � 2 ,, \ x d, � \ GC O. .W � N � e t� U� � � Z�`. . .� .� N � W , ' `\ ,.. .� ,� � 7 ' .r.�:� ��d `� ----. � �` � �t(`c� c� -�. � Q� � ``�+. �'t� �''+ . � �' � � �� 1b�°°p E � � `� �� ' \ �`� r -' SE �" ��:;-"•;:�';. �; �� :�: 1� EX�S�NG �� \ � � 1` r�� \, � `, \ i � � '`f � �' \ � SL--� \ \ ,�O \ � = 61.95 � .. iQO�-�� so 0�4 ereby certify that this survey, plan. or O�� CT ort was prepored by me or under my ect supervision and that i am a duly gi�tered Lcnd Surveyor under the laws P, � � ___,__ I _ `�. �5 � � > �, $ � �� \ I \ � � � � �� s � � �'s� �,°,� � \� F .� I I� �_1 J� 0 � � =�2°00'27.. R = 205.00 2.04 3 z �° �o 0 0 � �Yj �'s� tic �Ly ,� �� Wetland Delineation per Pat Arlig April 29, 1994 �. G. RuD t bONNB, INC LAND bUR1/S1'OIlb �1� uXINdTON �4Y�. NO. CIRGLt rM/0 M11�80T�4 bb�14-a62b T�,. 186-888b �� . , _ , . . _, ,,. : : �. _: _ . . . . _.. . .. , . ; . * �.. � . ;�� . - �- �,� ,� < �.; . ; �.a,.,a.� s �t� -� - �s x � [.._. , s " 1 �� e r rsa r;'�», n, a ?�� ,�5�.,�=�..�- _ �s � r7e��a �� s,-� � .�v� a� � � �� .�" .� r .� �: � r �� '�� — 5�.��.. .�^ ` . ,�,. � k, L F ��^a4�f � 2, �� . � �� MEMO�;ANDIJ�IVI ;. {�� F $ � � . :. .,.: �, ::� � �� .�.<��,._..�»� .' , ,.��; _ �._. .�...��. �.�.� � �, . � �� .� Yt. . _. _ _ . . . _, �, � ., � � _� , � ; �� .�.� � ��- I . . � __:.�. � , � � - _ . ° � � : > � ��;, � �; ..� � �°- :. � � . > ;� _ � ,.sr, ' ;��'-'%-�5.�..�`��ar�.xsa�t`•`t,ra�,s.,'�-im;a;.��'�,+�rrw�+�'�°.,a�'z�v?$"re�is.`� `xr.y�' ��'Sr .� `s �� h��x=-� �it..,,,.. �"�.. . �. -_ . ... ..,.., . . . .... . . . . . ... .� . ,.,_ .. . .. . . . . . _ .. DATE: May 15, 1996 TO: William Burns, City Manager � �� W,`� . ,�; ,,� *,�:.� ��R � � , ��_�� : FROM: Barbara Dacy, Community Development Department Scott Hickok, Planning Coordinator Kurt Jensen-Schneider, Planning Assistant . SUBJECT: Second Reading of an Ordinance Amending Chapter 114 of the Fridley City Code, Regarding the Abatement of Junk or Unsafe Vehicles on Private Property. Back�round Review of the junk vehicle ordinance began in November of 1995. Since that time, staffhas worked to prepare an ordinance amendment to chapter 114 to define junWunsafe vehicles and to define the process for their removal from private property. Public hearings before the Ptanning Commission and City Council have been completed and the first reading of the ordinance occurred on May 6, 1996. Anal•�is In summary, the proposed ordinance modification includes the following: 1. A more detailed description of the criteria necessary to define a junk vehicle. 2. An additional definition of unsafe motor vehicles to include reference to State Statutes 169.468 to ! 69.75. 3. A definition of motor vehicle. 4. A detailed Five day notification and abatement process along with specific impound, reclaim and public sale requirements. 5. An aggrieved owner hearing process using the City Hearing Examiner. 6. A one year "sunset date" to allow for re-examination of the ordinance one yeaz from it's adoption. Recommended Action Staffrecommends that the City Council approve the attached ordinance for second reading at its May 20, 1996 meeting. xJS:k�s 3.01 � nc �� a, �._.Y.; �.�:: I � � . , _ . ;: �� YiW�i�fY�Vii �I � - `1 }q .' 1TH � :. �"iR'.�y�#2.q�'�9�R}�"t, 1 'Y '= AH t„ R"L.� V�(M±}tV�'!"-�,.�' ��'r'kS+ �`° R. 3° :.f ;k, . 5>ad.u..�w =i+. T 4,,.:.w �t'^�s; '°�..vw�'"'+ +'��`,X"a«7z�..�.��Ya 45�A',%1�.,yy�-. AN ORDINANCE AMENDMENT RECODIFYINt� TH8 FRIDLEY . � �.��'��_ �a�� . y" `. CITY CODE,' ; CHAPTER i14, , ENTITLEII :.��ABANDONBi?-�:�'�'�_ _ �. t�ry �"�:� � =� w��.��«a�; :�--MOTOR ,VBHICL$8�� :; BY,,�ADDING � SECTIONS ��ti�.0��. � .:.-. � � � � f��" ��, ��,� � I � �� 'I �,', Ili �B �i� :��: Y.��$��Na��Zi�:o��!D�spos�av�ao��c!�� 3 ; .,.;k � f b � 4 A ., ..� �. , . . . .. . . � ., � .. t -' � <<� , AMENDINQ THE TITLE ' AND< SBCTIONS ` 114.01, � :, = ' _ ° ~ .� .z, . ��POLICY��, 114.02, t�DBBINITIONB��, 1I4.03, ��IMPOIIND�� 114.05, "NOTICE'�� lt4.Q6� ' _ _ _ "RECLAIM�� __ 114. 07 ��PIIBLIG . _.. SALF�r': AND . _ . _. , . _. _. :. �, �,, ., • • , .,� � ,.� ; . � � �.. ,. � �� s�...,�.:�.�.-�'��. ....,;;.s,.,,_ RI�NIIMBBRING :.. THL "�"' REMAININC#.�.�N.��ri�,BBC'1'YONS� w �; - . r,.y..;:. ,� _.::,.. . , CONSECIIT�VELY . , . : _ ,, ,; ,-..�..� ,,.��..,:;� ,�.��,m.�._. . _, ,.,The CounciT of the City of Fridley does hereby ordain as fo22ows:�`y �}��, r� r$�,t 1I4. ABANDONED JUNK OR UNSAFE MOTOR VEHICLES 1I4.01 PURPOSE Abandoned junk and unsafe motor vehicles constitute a hazard to,the health and welfare of the residents of the community in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well being of children and other citizens. Motor vehicles contain fluids.which if released into the environment can and do cause significant health risks to the community. The condition of vehicles that are junked and abandoned junk or unsafe significantly increase the likelihood that these dangerous fluids might be so released. Abandoned junk or unsafe motor vehicles and other scrap metals also constitute a blight on the landscape of the City and therefore are detrimental to the environment. The abandonment and retirement of motor vehicles and other scrap metal constitutes a waste of a valuable source of useful metal. It is therefore in the public interest that the present accumulation of abandoned junk or unsafe motor vehicles and other scrap metals be eliminated, that future abandonment of motor vehicles and other scrap metals be prevented, that the expansion of existing scrap recyclinq facilities be developed, and that other acceptable and economically useful methods for the disposal of abandoned junk or unsafe motor vehicles and other forms of scrap metal be developed. Because of these significant concerns, the City is amending this section. These amendments shall be effective for any violation which occurs through March 30, 1997, at which point the amendments to this section will have no further force and effect unless a further amendment is enacted. 1I4.02 DEFINITIONS I. Abandoned Motor Vehicle. A motor vehicle which has remained outdoors on property within the 3.02 ..:. . , , ; • - . ..,..,� .. .. : `City� for a period of more ' than 48 hours on publia propert�4;4� �-^ '�~ � ::' ` f llegaliy or has remained : for a period of more than 48 hours on `� ' �•` � 'private property without consent of 'the "person in control ` of 'such �_ °''� '� property or in an inoperable condition' such that �t has no '� `' � substantial potentia]. for further use"` consistent ` with -� its usual ��= r� �� :� functtons ` unless it is ; ke t. in'� an � enc�osed ara e;�or,-�storaqe .� � �=�� ° 4: _° �..�_ ..._-�__,_.. .<a%��,, . . ._,. ,_ � ... .-._ P.,r�. ._ ,...��„ � ....._a _�.. g� _ g_,� _.,��. __._ A . . ..,: _ _ -- „ F�.: ��; -., .� •�. surrendered by its owner to the City or a duly authorized agent of '�' �� `"� �. .. the City. A classic car or pioneer car, as defined in Minnesota Statutes, Section 168.10 shall not be considered an abandoned motor veh�cle with the meaning of this Section. �- sa�. �� a�, �izw. =.. _ . - . „ C. +�„ ;�,{,t,r.a' :.r„M `..:•q .., � �/•,..�3 x. , � s ^��°»'3v.e.;,a�?;r"6'�q�'�� . , i�1.��,��`'��as�, .. � _ ""�,.. ��!� . ,. . . _ ... .. x . . . � � :2.. .. � Unsa€e Motor Vehic�e. �.. ... _ : . . . . ... �,:_ . ..,r�R....,.��,v., w �t�..�. .;. . ,�,.:. Any vehicle located outdoors on property within the Cit� in which any sy�stems including; braking' steering, suspension, e�ectricalt ' "`I�ghtiag, " motor, drive ' train systems are not ' functfoning or a�"" ��r ��" vehicle which cannot leqally be driven or is in violation of any state, federal or local vehicle equipment or safety regulation including, but not limited tc Minnesota Statutes 169.468 to 169.75 , 3. Junk Motor Vehicle. A motor vehicle which is located outdoors on property in the City which meets any of the following criteria shall be defined as a junk vehicle: (a) Any motor vehicle which is not in operable condition. (b) Any motor vehicle which is partially dismantled. (c) (dj Any motor vehicle which is a source of repair or replacement parts for other vehicles. Any motor vehicle which lacks vital component parts. (e) Any motor vehicle which is not current registered and properly licensed for operation with and by the State of Minnesota. 4. Vital Component Parts. Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels. 5. Motor Vehicle Definition. A machine propelled by power other than human power, designed to travel along the ground by use�of wheels, treads, runners or slides and transports persons or property or pulls machinery and shall include, without limitation, automobiles, trucks, trailers, motorcycles, tractors, 3-wheelers, 4-wheelers and snowmobiles. 3.03 `l'A >: -� . ` 1I4. 03 ABATEMENT . ,: . : ' . ;:r �, .�; �:;? -. b< „�.�i. .� • "�i.t..�.�"T�, f .`..'�e,:��. �a ' �i 3, _ .. � The City, or its duly authorized agent, may take into custody :_and �u ��.. �.. ,��;: ,�; impound any abandoned junk or unsafe motor vehicle. _ ��' , .� �� ..;� � ., . �� = ��.� �� . _:: �� _.>� <<, = A vehic2e may be impounded after notice of such � proposed .� �� ,� ��;, ��. ° .: impoundment-� �3.r�fa.�:€or�s�mi.2ar.�t�=that�set.� fcxti�:�:herein�ha�s�,�,be ` � ' � securely attached to and conspicuously displayed on the vehicle!tor�:�.:��<._, _ a period of five days prior to such impoundment exc�.udinq - Saturdays, Sundays and city holidays for the foilowinq reasons:; _ hf; , - �a} When such veh�c2e'.:is `parked and,for'used fn '`t�ol.ation o€��, :�.r�. -�� As}. -.. any law, ordinance ar regulation; or .. � (b) When such vehicie is abandoned junk or unsafe. ;, 1i4.04 VEHICLES IrIl�IEB�ATEE�Y StTB3ECT �O PLTBLIG SALE :-{ When an abandoned motor vehicle is more than seven �7} model years of age, lacks vital component parts and does not display a Iicense plate currently valid in Minnesota or in any other state or foreign country, it shall imraediately be eligible for sale at public auction and shall not be subject to the notification or reclamation procedures established by this Chapter. 114.05 NOTICE 1. When an abandoned motor vehicle does not fall within the provisions of Section 114.04, The city shall give notice of the taking within ten (10) days. The notice shall set forth the date and place of the taking, the year, make, model and serial number of the abandaned junk or unsafe motor vehicle and the place where the vehicle is being held, shall inform the owner and any lienholder of their right to reclaim the vehicle under Section 114.06 and shall state that failure of the owner or lienholder to exercise their right to reclaim the vehicle shall be deemed a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the vehicle at a public auction pursuant to Section 114.07. 2. The notice shall be sent by mail to the registered owner, if any, of the abandoned junk or unsafe motor vehicle and to all readily identifiable lienholder of record. The notice shall be mailed to the registered owner at the address provided by the motor vehicle division of the Minnesota Department of Public Safety or the correspanding agency of any other state or province. A copy of such notice may be sent to the property owner where the vehicle is found. If the person mailing the notice has reason to believe that the registered owner of the vehicle, or one who claims to be the registered owner of the vehicle, is residing or in custody at some different address, a copy of the notice shall also be mailed or personally delivered to such owner or claimant in a manner designed, as nearly as may be practicable, to give actual notice to him or her.� If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all 3.04 : f�; .., - �- ` general' c�rculation in =- the � area== where �-the motor.�� veh . c e�,,�was� p-' abandoned ` junk or `unsafe. �-; Published . notices may�-.. be ,::qrouped ,�� together for convenience and economg.--Y-��- ��.,�� h �'-� �.�,�:�.�� 114.06 RECLAIM , :"� .�-- , y �:��;,�,_.: - . z '..- � � ��,.- ,..�� :� j. '�, a , t� ��'+S 5',� �` A. -�� .. :..� , ,- , x e `. �e `++ r -a�y�� i . . ,. _ . ... . _ , r .....�.. � � � ^as w.. .,-._L_>>_�_1..5.��1 _�r a�ww.�i:s'.�-.,L.a�a-��'m` .,...F _ _ . _,.._ .; . ___ _ ,R.... _ ' : _ _ s "_' __ __. ..,. . .. .. .. . . . . motor vehicle shall have`a right to rec�aim such vehic�e_from the �.�,�� ;' City upon payment of a12 towing and storage charges resultinq from _.; ,. _, _. _- -;� taking the vehicle into custody w�ith fifteen (15) days after the _> �-:�:�- • date of the notice required by Section 214.05. -- �- ~~� • �. ..,_ �v_ � , Y.... . .�_ . � _e". ,��., . . r.., � .. < .-_ _�,.., ,. .� „ , , � . , ,.. 2. Hothing in this Chapter shall be eonstrued to impair,an� .lien �,_;� ,,_:,,�y#�;, �;;, of a garagekeeper under the laws of this State, or the right of a lienholder to foreclose. For the purposes of this Section� ��garagekeeper" is an operator of a parking place or establishment, -.;�. �a = ;- ;x. an operator of a mator vehic�e storaqe faci2it�,- or an operator of- �-� ��:��.�� _ an establishment for the servicing, repair or maintenance of motor � -a. vehicles. . 3. To reclaim a motor vehicle impounded pursuant to this ordinance, the owner or Iien holder must pay any costs and administrative fees incurred by the City and must agree to relocate the vehicle in accordance with locate state and federal regulations. The owner or lien holder reclaiming such vehicle shall sign a"Release of Property" and shall agree to immediate impoundment without notice if such vehicle again violates this section. In addition, the City may require a bond to be posted if said vehicle has been subject to a prior impoundment. 114.07 HEARING. Any property owner who feels aggrieved by an impoundment of a vehicle under this chapter may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the Community Development Director within twenty (20) days after the date of service of the notice by the Code Enforcement Officer . or other duly authorized agent. The Community Development Director . shall notify the Hearing Examiner who shall notify the property ''� owner of the date, time and place of the hearing. The hearing shall be conducted no more than twenty (20) days after the Hearing Examiner receives notice of the request, unless a later date is � mutually agreed to by the Hearing Examiner, the property owner and the City. Both the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. Within ten (10) days after such hearing, the Hearing Examiner shall affina, repeal or modify the order of the Code Enforcement Officer or other duly authorized agent. Notice of the decision shall be mailed to the owner at the address given in the hearing request. The Hearing Examiner's order shall be accompanied by written findings of fact, and may include a finding of fact as to the violation of this chapter. Any person aggrieved by the decision of . 3.05 . ��.� t'.q.. . v<a'A +a°k. ., :. �.. : �,apy ._:�� $ ��by:,.:fi2in �.�natice,..."�'c�.;,;such�:�apgeaY�� th�.�the.:Commun�t� D�ve�crpme� . :�:.� Director'; withi:rt�_twe�.ty��=(20j=:; days��af.:the mailing# of:�th `� Hear� __ ;., k�:��.:� Examiner E s� decision:�� At:�its��next.'4: available �'; regt��.a�;�;mee�f, � �; :��<u;followinq `the�'-ffZinc}x�:af��a�F�notice�:~ of; appeal, the :�Councii�'sha� � � . ., �:�� _review:.the^dec�sior�and� findings�Qf�fact..:of��,the Hearinc��:Examin ., _ _ , _t� �:��<and�sh�Il��affirm��epea��,or�madify�that._decision:��th, �oun� y� - - - - : - = � �=� �°_. t.. ��- ot tn�s ` cnapter: ex�sts f�ttie `eit�sn�r�. proceea � zo se��j�,zn�.7.�rertxa��a�� after twenty �2Q} days following the Counci2's f�nal determinati�on��-��; � . unless the property owner obtains a court order ta th� :.contrary:.;��.�� : within' said twenty �2E1� days. ; . r, ... . ,..�.. - �.� � .��s�.�x,�:r •.�-: .. .. _ , o- ,a� . ,..: . ,... , ._. ., . . v.,..m . , ... ....�..,��..:�e��..&:��sx�5._�s,a. . . .., . ...� . ....... . . ..... .»..._ ._.a,,.a�_na�s�_xa�w.'�w�-= ra�,�!n�. ,..,.,.. 114 . 08 PUBLI� SALE ;' � � `� . . . . �.�€. � _ . .. � F+vx �et, art'� �.: ^�m-, � . . . -. ',. : . . _ . � � , 1. An abandoned junk or unsafe motor vehicle taken into custod�.;�___._...._. �._ and not reclaimed under Section_i14.06 shall be so�d ta the 2�ighest �� .� . : ..bidder> at publfc • auction .~or sale,�°��fcZiowing notice pt�b2fshect�a _ . . :�� - reasonable ti.une in advance. The purchaser shall be giveri a receipt��.�:..�::.o.. �. },�; in a form prescribed by the Cit�-�rhtch shalZ be sufficient tit�e_ta�,�.��-._:.v_.� ; dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate af�:�. : i•� . title, free and clear of all liens and claims of ownershig. . 2. Disposing of unsold vehicles. Abandoned vehicles not sold pursuant to subdivision 1 shall be disposed of in accordance with Minnesota Statute 168B.08 and 168B.09. 3. Disposition of sale proceeds. From the proceeds of a sale under this section of abandoned motor vehicle, the City shall reimburse itself for the cost of towing, preserving and storinq the vehicle, and all administrative, notice and publication costs incurred in handling the vehicle pursuant to sections 114.01 to 114.09. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in the treasury of the unit of government. 114.09 DISPOSAL AUTHORITY 1. Units of government. The City may contract with others or may utilize its own equipment and personnel for the inventory of abandoned motor vehicles and abandoned scrap metal, and if no bids are received, may uti2ize its own equipment and personnel for the collection, storage and transportation of abandoned motor vehicles and abandoned scrap metal; provided, however, that a unit of government may utilize its own equipment and personnel for the collection and storage of not more than five abandoned motor vehicles without advertising for or receiving bids in any 120 daX period. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THI� _ DAY OF , 1996 - 3.06 , ,_: , , a�..;; ��::: , _ — n.,. �.. � . _. . .._.�.. , , .. . �: .... . :: .::. .._ .� , , ._ _� _ .; . . �, , ,. .. . >-:> ,,: - ATTEST: .a _ . _ � ,::,� � -.,� �. .. � _ _ . , � _� v , .. ,-�. ..� ,� ...� � �:. ,; ' � � ��x . .. :: � �; � . � : ,.�,. � ^ �, . . . . .� Public Hearing: y April 22, 1996 ... ; '� H ' ' � ;. - • y.;.. . :��: ; � :;F: First Reading: May 6,, 2996 ,..;, .. a, _ .��.��;> :� .� � , , Second'Reaci�ng � � , �,�` ��,�,�'� � ,� ° �� •� ^� „�i � Y�Sd' S °. .'..a Z r ��: .��. �� ,i! k _j � 4 - 'M �> . .. - x Y �. . . .tu" ., l '%,-_ . .. j ►u .. ,w _ � Ci"� � �qR�''YA,'{ t�a �li�ia4j0�s .r, - rw�. ; m.�� 2' +^tr<� - . .. . . . . . . ... , . . . . ' .. . . . . , . . . 'w',."�"- . . . - . .. � . � . ' , •,'.� .. { ,.: ;�.. , :. ir . . . . . . _ s ,u`'�',7%s., v � � .. , r, . ., -. . . .: , . , _ , .. __ ; . . �, . . ., ..� . ,, � . , .. , ,�. , . . . .. .. , .,_ . : .. . . . . .. .. �'.. . . . . . . . � . . (..: .. � . . . � , .. - . . �.,j. _-j.• � � 3.07 : � t ��. .; � �= �'`�`" .,,_ r —__ _,,a ` . . �nn �n�� . � �y , � m�x��f�. a�. , �'.,+^..�s f AR- � . =a,? �`' .� fi`�"R�,¢ a ° AZ° � . ' � �. .�y,_ Y ^+E.��c � . � . _ . °, . � ��.. �` FqE 't; �' %"��i . �"" "x� , . ! �. . � � � �� :; r�� y s5. tr �,'f� � �.:, �, � ' �s ' , � , � f:'�: y .ix�� _ . r:'-��;.£ 3: . _.;., ,. � � � � �� G D�.vISI �� ` � ��-' . n,. , k , ,. ,. ... :: .. _,._�w _. _..�>�..�..�s...:::sa �4.'�„ . = ,' DATE: May I5, I996 ., _ . .,:., _ _ �.�, TO: William Burns, City Manager �� _ l{'� ' : FROM: Barbara Dacy, Community Development Department Scott Hickok, Planning Coordinator Kurt Jensen-Schneider, Planning Assistant SUBJECT: Second Reading of an Ordinance Amending Chapter 128 of the Fridley City Code, Regarding the Release of Abated Property and the Abatement of Same or Similar Violations on Private Property. Back�round Review of a minor modification to the Nuisance Abatement code section began in November of 1995. Since that time, sta�'has worked to prepare an ordinance amendment to Chapter 128 to detail the release of abated property. Public Hearings before the Planning Commission and City Council have been completed and the first reading of the ordinance occuned on May 6, 1996.. Analysis In summary, the proposed ordinance modification includes the following: 1. A release of property agreement to be signed before releasing any abated material. 2. A provision which allows the City to abate same or similar violations from a Iocation in which an abatement has already occurred. An abbreviated but reasonable notice period will still be required. Recommended Action Staff recommends that the City Council approve the attached ordinance for second reading at its May 20, 1996 meeting. KJS:kjs C-96-226 � 4.01 i � _ _ _ �'.:.: 1 �,. .. . ,, � ' r�w:� > �%t..'".. .- �:� a+ +� ='�<,f.�T,}�� "�'n4%;�4�=.:�,?,� . . . �- , . :� . � .. . �. . ..�... :.. '. The Council of th� City Qf Frid�.ey.does hereby orda�n as.,fa�low� , _. . ,;� � �� -, >:;. :a ..- � ,-; -: � �;.��. ,.:�� . _�. �.�. _�.. _ .. , , s w � .. ... r�iw,,.c., . e.., u�:::.�.a. 3-d'�.a�.`'° tt�:ssv� ,..wsk�.a.... +.. . .Cx,.:s:• .�.=�"sK`�`.soepis�,'�i.,"'.t±+',""�s"a�hcw.f�+96i�a�+n. �w;iiiat. �, �. �: .: �� T T-4•: �'W � �+..�.�.�'• A,,ti ��. .. �. : "�'"�,"°�"�fv��k . civJ�jdi':faP�fab.,�#'•�iy'a'�+�;.= +,R�+ix .ECn� ;6'tl�ar .; �s.aduS.ar. .,d�a�on `k�' piaw I28.O7 RELEASE QF PROPERTY .: ; ,.;,; ��.-- >: � To reclaim those materf a�s.vthat ;: have . been _ removed e: fn:: accordance<� -�� ;' '�� . �; �=� �� k' w�th 228 : 06;��, the��; owaer � � or ��f eri��hoZc�er; ,. must �~ pa�r � any°..;casts��anc�� ` ' ° � . administrative fees incurred b� the City. The owner or Yien hoZder,;,:,�t.�,,;��,�, ;, � reclaiming the materials shal� s�qn a"Release of ; Property" - anc� --`- .i;��'��-,•��; r�':< sha11 agree not to return the items to their original location �.n. _ , violation of City ordinances. If additional remova2 of the same or�;�. ��. r simiZar items is deemed necessary by the City, an abbreviated but reasonable notice period will be provided before removal takes place. All other provisions of City ordinance 128, including the - right to a hearing, will still apply. 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: April 22, 1996 May 6, 1996 4.02 WILLIAM J. NEE - MAYOR h4. . . .. � n+. t� � CIT��8�� . �� , ^�' a+` ksa2�'^'rc�t '�'�b`!�� 6 "�'+ .n.,. . .' , �;'h3r �` , :ra .,, ' ' ? �`��t �, �'£ ;" , b �,= ' � �"` . ��,�^�� ' � PLANNINQ COMMISSION TitELTINti, i�AY 1, ' 19 9 6 rt, �`�� i�e'qa ;r. vs , r.*.,W . -. . :�r�. . . ° � _ , .. . ��::; .` Vice=Chai erson Ronc�rick called the 'Ma `1, ' 1996 ' P�.anrtin '"`° � � "'� �;� �;:; �,. � ;:":� rP Y . g. �,� ,.,� `� . � '�_ Commission meetinq to order at ?:33 p.m. , ROLL CALL: v { � ��' , " .� � _ , � ., _ .. .... . � . , . , . � , � _�:-,. .. � • : ; Members Present: .,.� Dave Kondrick� � Diane Savage, _ LeRoy Oquist��u,�� :��.��;, �� = Dean Saba, Brad Sielaff, Connie Modiq , Members Absent: � }� ' � � �� ... , , � �; None ; . �.. : � �: � ~�:� d�, "� �� ' '��'�"'� ��'� '�� . . �' � _ �; . �^ �,�y.-. Y Others Present: Scott Hickok, Planninq Coordinator �r- Michele McPherson, Planninq Assistant - , Larry Paige, Sirny Architects � Richard Lavelle� Sirny Architects � Doris Murawski, US Federal Credit Union Joe Perkowski, US Federal Credit Union Lucille Dahlberg, 1384 64th Avenue N.E. Jean & Mark Schwartz, 1372 64th Avenue N.E. . Vallie A. Labandz, 1356 64th Avenue N.E. Nikki Labandz, 1356 64th Avenue N.E. APPROVAL OF APRIL 3, 1996. PLANNING COMMISSION MINLTTES: MOTION by Mr. Oquist, seconded by Ms. Savage, to approve the April 3, 1996, Planninq Commission minutes as written. IIPON A VOICE VOTB� ALL VOTINC� AYE� VICE-CHAIRPERSON RONDRICZC DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #96-09, BY SIRNY ARCHITECTS: Per Section 205.13.O1.C.(6) of the Fridley City Code, to allow a bank or other financial institution in a C-1, Local Business zoning district, on Lots 17 and 18, Block 2, Spring "Valley, generally located at 6303 Central Avenue N.E. MOTION by Ms. Modig, seconded by Mr. Saba, to open the public hearing. � IIPON A VOICB VOTE� ALL VOTINa AYL� VICE-CHAIRPBRSON xODTDRICI� DECLARED THE MOTION CARRIBD AND TH8 PUBLIC HEARINa OPEN AT 7t35 P.M. Ms. McPherson stated the special use permit is by Sirny Architects who are the petitioners representinq the US Federa]. Credit Union. The petitioners are proposing to construct a bank - facility at property generally located at 6303 Centra2 Avenue. 5.01 � Y:. �: :` �;... 1.. � �` sub j ect parcel °' is.... �.ocat Central ��Avenue:� Satel�i' - - . _ ,�.�>.� _ , t�on� °' . ._ � _ ti_ _, . _ � _ . , - r� �TaCaiit. "' " ' `� �,;i�-�,r . y � y� .�*� '� � �a 'a . - �"� . : W „� _ ,. .�.� N t. a ,� ..> �. ..�" . . . -; 5 � �.�.,a4� ,�,�sa_ ,. ,�,> ��, ., > � r ;. s� �. . ,.�. �>; � � � � Ms. McPherson stated the property was previous�y owned by� �,,y� Richar'd_T Mochinsk�..,�;.a, The�., property has, histor�cally, ,beer: � wet �,-�. �� :�.�:. aceordance with the Wet�anc� Conservation Act o€ �. 294Y. � > -The ��' ` �:��'�r��:�� wetland oecupies approximately the easteriy i�3 ta 2/2 of the -- _ site. In 198G, : a rezoninq request was fi�ed by Mr. Mochinsk� ta �-, ;��-�� :� � � rezone the property : from C-1, Locat ;Business„ . ta: R-3, Genera� �``�,,��.�� ,��`,;. � rvA ~' �'`Muttiple Family Dwel2fnq for a I9-unit detachec� townhome'�" �°"°`� , �'"�"�`� i'"'`:`° � � .. . development. This request was denied by the City Counci� . In =�- r�- = a a '"' ,. 199Q, a special use permit was petitioned to allow a�odge - facility to be constz~scted on the site. That request was •��: ::; withdrawn by the petitioner, Moose Lodge �38. _ : Ms. McPherson stated this request proposes a one-story, 7,950 square foot bank facility with five drive-through lanes. The � site is designed to facilitate one-way traffic. There is a driveway entrance on the south portion of the site. Traffic would flow east and then north through the drive-through lanes and exit to Central Avenue on the north side of the site. Ms. McPherson stated staff reviewed the request in terms of the zoning district requirements. The building setbacks are all met as are the parkinq setback requirements. The C-1 district requires one parking space for every 250 square feet of office space or, in this case, 32 parking spaces. The petitioner is proposing 37 parking spaces, 2 of which are handicap. Due to the one-way traffic circulation, the parking spaces are striped at 6� degree angles. In addition to the 37 spaces striped on the site, there is approximately an additional 19 stacking spaces within the drive-through lanes themselves. This provides a total of 56 parking spaces on site. Ms. McPherson stated, in terms of street access, the access would be from Central Avenue with an entrance on the south and an exit on the north. The County reviewed this request and stated that their policy is to have one access per development when entering a county road. Central Avenue is a county road. The City disaqrees with the County in this instance due to the site constraints including the wetland on the eastern portion of the site and the setback requirements. It is staff's opinion that the parking and traffic circulation as proposed actually minimizes the County's traffic concerns. With one access pofnt` into the site, there would be approximately four movements into and out of the site for that access point. The proposed design splits those movements into two locations thereby reducing the , �. ;:: _ ��`•,' 5.02 � mov,e� af cars at an tsr�per access one . ..�,� �..e�...�.�...��;., �.s� ua._.... ��,€� � �� '� �-� �� ..� . ._ � ' �. ��'� ...: ' � ..��s �� :ess'..paint: and reducinq� theE`numb� �The County�indicateci that;��t��tl �osed '�`� they�would conditfo x�tli� : 5 _ �_ _� .. �_:= would' not �den�r a per�it 'to the petitioners. "While the � Co`uiit prefers ane access pofnt, staff xecommends the traffic pla�'� , sugqested. ,- �� , ,.. . 'T:n ... �`,! _ ' . T ° �'","'"' . .. + . . _ + . ,.�'7S�''`� c . . _ .:. _ ,e _. .. s � . F.t�'.'�v =��r. .� ri� � ,....., _ . � .., ��" � w� .;.. �� .��.. rv.�....�.v- vvv�a�... ai.�aewews w�v rvv�srsa��.j vr ��v�rv,..a�vr-�.x°---•e•-_..?+�.�...-:_—,..�...,_ ... the intercom aet�vity ,€rom the drive-throuqh portion of the ��-r � facility. The City code has estab�ished appropriate decibel � :_levels for residentia� d�stricts and which would cover the pub2ic�m .:�.� �-::;;.- �.address,system in use by the US Federal Credit Un�on.. A.a�� " -`.��..� stipnlation ` states the decibei �evel '` cannot exceed those "as~�� • � ' . ��' `� established by the City code. - , -_ 1 �-��-� €��: �•: �-•• -�- ,;-" Ms. McPherson stated the petitioner has proposed a liqhtinq -p - standard for the parkinq lot. They did some lighting analysis- - -;- which shows the extent of the lighting as it covers the site. At T the farthest point, you would receive a 1/2 foot candle of light which passes onto the fire station property and the office ��. complex building. The lighting is proposed to be shielded ��.: downcast lighting so the source of liqht would not be seen by (� adjacent properties. � Ms. McPherson stated the landscape plan submitted by the petitioner needs an additional 13 trees which has been stipulated by staff and 30$ of which would need to be evergreen which is required by the code. Toward the wetland area and the detention facilities located on the grading and drainage plan, the petitioner is proposing a variety of wet and dry native plant materials. Staff requested, and the petitioner has already submitted, a list of species for review to eliminate the possibility of exotic species being introduced into the wetland. Staff has recommended the wetland plants be maintained for a period of three years to ensure their viability. Ms. McPherson stated the petitioner is proposing three signs for the site - one entry sign, one exit sign, and a free-standinq main identiEication or monument sign. Staff has recommended that the entry and exit signs be reduced to 4 square feet to comply with code. The monument sign meets the code requirements. Ms. McPherson stated there is a jurisdictional wetland locateci on the east portion of the site. As required by the 2991 Wetland Conservation Act, the petitioner is avoidinq impacts to that wetland. This proposal is therefore exempt from the requirements of the Wetland Conservation Act. Ms. McPherson stated the last item is the utility connections. There are two options in order to connect to tbe sanitary sewer 5.03 -� _:�,.,�r PLANNING � COMMI88IOI� M8^ � ' : _.-� MA� � �L +� , , �. .. � � �=� ^� LTIN(#:'� Y ° 2:��,��.199�6 ._m�.'. - :N. . _ ,. . , � ,. '��.�.Y� PAG��`� - � ° � , : !C. "�+3? g "£"`G. vs'. f� .0 p �'a* �t �'°�' '��` � r tr # - . ' ,�;�' ay ��"�.a � ir- �;�,,i"�' ��"�tsy�e¢;t�' *'� i � ` y, _ and y water supply. . ,� ! One , option 3s "that the `�sanitary sewer anc�� ,� � $ � � ��:�.. °`;' _ � .:� : water. can� be � obtained: from the =frant o€_.the�property�:��" .�'here�ri� �. .n.� . _ _ , ' water tables ' in the area � In orde= to avoid fmpact to - the =.--M� -�V= -�� t:ry ��` LL ' wetland, staff recommends the petitioner pursue connection to the front�.of the facility which will require wor3c on the fire station �, site �n order to connect to the sanitary sewer.,�q;` _ �sra.�i:k°4kr,�.z�,6k`;� "��e.,�'.�i3;u.;•M»^^�A'�-k.st:�%ie,�"a.:f'�4�'s� �':.Y:sw -+r#�;;a;�a�. :.�'�;rr.. ku�°a=s�,, r�a�"�r+'„�' S�a'^+'R�h'�b`�A�'7 .�.��.., e.� Ms . McPherson stated the petitior�er has submitte� a-pre�imfnary •��°x-x� ��' =` �_ � gradinq and drainaqe plan. The drainage calculations need to be submitted to the Engineerinq Department in order ta verif� the � hydroioqic calcu2ations. The petitioner has rece�ved prelimfrzary �ti�� . ;�• approval of the project from the Rice Creek Watershed'District so ' � that permitting process is underway and is almost compiete. '`'" Ms. McPherson stated the proposed development meets the , requirements of the C-1, Local Business� district regulations. Staff recommends 12 stipulations as part of the approval, as follows: l. The petitioner shall provide an additional 13 trees to the landscape plan, 30� of which shall be evergreen. 2. The petitioner shall submit the specifications for staff review on prairie plant varieties. 3. The petitioner shall change the indicated honey Iocust on the landscape plan to crab apple or an equal alternate. 4. The petitioner shall provide maintenance of the prairie plants for a minimum of three years to insure proper growth. 5. The entry and exit signs shall be reduced to four square feet in area. 6. The petitioner shall submit hydrologic calculations to the Engineering Department in order to review the gradinq and drainage plan. 7. The petitioner shall submit a performance bond in the amount of 3� of the construction cost to insure completion of the outdoor improvements. 8. The landscape plan shall indicate inclusions of underground sprinklinq. 9. The noise level from any intercom system shall not exceed the decibel level set forth in the Fridley City Code. � 5.04 I � -� -- - - o ..,ww�t, � � � ..�.�� . _ a,sA.:�-1 ei�. �: ��.:� :'f!" �: `�+ .. :. � .. �� Y '. a, :. . . .. . ._ , .. . . . . . . ' �_ e,r.. t.. -_ _ ... . �., .. ..n=�. 10. The petitioner sha12 insta2l a 6- 8-foot screeninq �,�,.: v_....; a2ong the north anc� , east' lot �ines, abuttinq` the `�R= �. '��-_��.F�:} .:.S.td2��riC� 8t the. seuthc�a�xt -�nrnar �F=�-t,e;;;�;,.e',e��a:t,:: �_ � . i .,,.�._�� ...,_.,;.. __� ,�.-.�._ , . .. 22. Any expanszon'of the facility or extension'of hours of �- � operation must be reviewed and approved by the Planninq Y Commission and City Counci].. e _ -. , . . . „ ;4;c t : �ei-c ;° ._ __ : , � . - ,.. • r� , � . � �-» : � � � �> v,�H n �, a. �3'�'�s�' �� •.��a �, � `� ��'=` �2. `�� Garbage hauiing �from� the � site� sha2� ��not� becur ` before �'?:00- � fa.m. nor a€ter..?:Aa p.m. _ ,.- ., .,wr; ._.t .r.: . ..;; ...� ..}:.,�_:: _; � :; .�,�4 . � Ms. McPherson stated the petitioner has submitted for the Planning Commission's review a letter in response to the F sti uZations. - - - �.-_: x.�; .. P The petitioner would Iike to discuss stipulations 10 and 11 for public comment. The petitioner and staff have discussed stipu].ation #7. The Zanguage could be amended to indicate an assurance. Typically, the City wil� acce t P I performance bonds, letters of credit, escrow accounts, or dedicated CD's on behalf of the City to insure completion of the outdoor improvements. Staff can accept another means of ` assurance. The petitioner's comment regarding stipulation #10 is that they would like to do a combination of fencing and everqreen � plantings if that would be acceptable. On stipulation #11, the petitioner would like to establish an acceptable "window'� in which they can establish their business hours so that they would not need to come back before the Planning Commission and City Council each time they wish to change their hours. Mr. Sielaff asked, on the plant materials, the prairie plants are not required but are being proposed by the petitioner. Ms. McPherson stated this was correct. Mr. Sielaff stated the petitioner is then going beyond what is required. Is the drainage from the parking lot and stormwater runoff to go into the wetland. Ms. McPherson stated the water goes into the detention facilities indicated on the plan and there is an out2et to allow the water to go into the ditch to the south of the site. Ms. Modig asked if the water. would go into Harris Lake. Ms. McPherson stated the water wou�d eventually end up in that system. It wili first end up in the system ahead of Harris. Mr. Sielaff asked, because this is a designated wetland, does the character have to sta� that way. Ms. McPherson stated yes. However, there is nothinq in the statutes saying they cannot release stormwater into a wetland if 5.05 �,�; ��. �'. �� ;� �' �... ,. . :_�_ . .., : '�� it has gone through,a ° permitted use of :a-;wei . - �. . . , _�,�w_ 3etention�=facility previou Land.;,� ..F;�... :�. . -�.n��=�t� _ �. _... . . _.,� of the wetland.. �`�� Ft:�� ``� �� ,� ��.��.�: Ms. McFherson stated it could happen if the detention facilities �rv �� were to fai2 . 4 � , ,�� ,- .� w �,� � ..��- .�, r �'::',+....�s..e.r�...s,�.._ `� , ,; £.afi.��rkz�'�.� . �,}. �` t �, ��.°ry,„ . A... . .x �� „y. �s.d, 3�.� � u��.,.,z �y,«�w««..,:�,,.,.,e.+�� ri..�..--<,q:�.«S'�. IF: Ms. Sielaff stated the detentiort €aci�.ities wouic� thert take titat„ °� ��r �:��: into account. If constructed properly, the detent�.on faci�ities would preserve the character of the wetland? r� �. _ - A�t.=.: Ms. McPherson stated yes. ,. , ° ! : . ;.- : � ; _ �.;`, a,n :r ,. �r;`k� Mr. Oquist stated stipulation �lI refers to the hours. What are i the hours the petitioner is planning to be open? : { Ms. McPherson stated she did not know. The petitioner is present to discuss that. Ms. Modig asked if the City could limit the hours of operation. Ms. McPherson stated the City on a permitted use typically does not do that. With a special use, if it does have an impact, the City can look at the hours of operation and stipulate a certain amount of time if it is deemed those hours of operation impact adjacent properties. Ms. Modig asked if staff had discussed a window with the petitioner. Ms. McPherson stated staff has talked preliminarily with the petitioner. As an example, if their hours are 8:00 a.m. to 6:30 p.m. and they wanted to change it ta 8:0a a.m. ta 7:00 p.m., could they do that by having the ability to change their hours by 1/2 hour in the morning or a 1/2 hour in the eveninq. Would this be acceptable? If the stipulation as now worded was maintained and if they were to change their hours by 15 minutes, they would have to come back for approval. Mr. Paige reviewed the various elevations. The buildinq is to have a traditional brick exterior with cast stone above the windows and for the window sills. The proposed entrance and exit signs and the monument sign will be of brick to match the building. The garbage enclosure will also be brick. Mr. Paige stated his firm worked with environmentaT educational centers around the site. That is why they p�anned the plantinq the prairie grass mix to provide a natural transition in to the wetland. They have proposed ir►dividual plant and prairie flowers 5.06 � � ■ , i;t -\ . .. . _ . . . _ . �. . , ... ... �.h�:.^ ., .....,.: ., ...-+�- �+-.....__ ..,..., u ... �...�r ..,u `c.•."a'DAiir:`^�.F �{ ......... . . . . ..... 4 �; Na MMIS ON...MEE „ � 996 , .- ;: , �.� ��a x�� ,r� n � '� _ � , ��;�� r.�€�� t to provide color. Their civil engineer worked with Barr� ��'^� _> '�" �' .,, � _�-:Engineerinq on. the water and drainaqe issue. They were�before`: .�� i �� , ._ - the R�ae Creek - Watershed _.; Distr�ct , a week ago , and passed��w�tls � on ;��' � j�;� ��`� �' ��». ,,: , . a.,. . . . _ � - � , ar�twbc�conditions«�Th�.concept�-is�i�keep�.ng-=�w�.ti��,the�n . increase in the rate of runoff within the first 10 year atorn":... �:. ;��:� period. The rate of discharqe is designed so it is not more than _�::. .. .. �=.. �,; what is currently there. The building's roof area will be .. .:_ entirel'� drained and taken out to the storm sewer. . . n -,; � �.; y�a, .;- :� . . _ :�.�. _..;�. �-��-� �� s� >.;�.�.',: -Mr. Oquist askec� where the screening �ence is proposed to be. �__ �:��.- �z � w::�; ��. . ; Mr. Paige stated the fence wonld start where the fire station _,_ ... �_. __ ; property stops and thea run along the back of the property. _��. � .-:_ �_ti: .��. Rather than just have a fence, they are proposing evergreen plant �'- _.,..:;- ;, :::: materials as well and stagger it with the fence so it is opaque. , _ �r. Mr. Sielaff asked if this needed to be approved by the �ounty. Ms. McPherson stated she met with the County today. They said the City is the permitting authority. If we approve the proposal as presented with two driveway access points, we have to live with any consequences that may occur. They would not deny the permit to the petitioner to do the construction for the driveways, but they may put certain stipulations on the penait and they will definitely ask for certain traffic control measures at the driveways. If the petitioner were to not to pursue the development, the site is comprised of two legally platted lots. Therefore, potentially two individual developments could occur each with their own driveway. Therefore, the City's position of having two driveways for this one site is really not much different than have two developments each with their own driveway. Ms. Modig stated the welding shop has two driveways as does the restaurant in that area. Mr. Paige stated, from a safety standpoint and a traffic standpoint, he did not understand the logic. By separatinq the traffic in this manner, theg are taking the access points and making it easier and more identifiable. In looking at the average daily trips (ADT's), that would not warrant a single access point. There is about 140 to 150 feet between the driveways. Ms. McPherson stated staff made these points to the County but it is their policy to require one access point per development and they are holding firm to their policy. Mr. Sielaff asked what kind of consequences could we be responsible for. 5.07 i 4��' _.^•g '*«�'+ - -�*» .. r.- r.r. rn �';v d . `r ".� . ' .. ... ... '.;s��+�' . _.... . . , . , ... . .. .. ..._.. . . ..�. . . .. . PLANNINQ COMMISSION MEI3TINC�. MAY 1. 1996 PAt�E 8. Mr. Hickok stated one example would be if the median were extended and would create restricted movement. This may come to be if, traffic backs up. , �:;,�,�w.,. .�; .� �3 r _ . �;� � �A k � �� s. �- u,�•� -��-�_ =�'�s.�� . ,. . .. . . ��" _. �.. � . �, _ . e�� . . �.� .,. � Mr. Paige stated they have considered this. In terms of the additional traffic, the area around is very well developed. Traffic wili be very localized. He did not think the traffic would be much different than what is there today. Ms. Modig stated the on�� time there is a traffic problem in tifa�- area is in the morning and afternoon when the employees from Onan and Medtronic get off of work. Mr. Rondrick asked what their intent was concerning the hours of operation. Mr. Perkowski stated, regarding stipulation #7, they have no problem with the idea of assurances. They think there may be a better way of providing assurance than with a performance bond. Regarding stipulation #il, he thought their position was explained. Their first thought was if the Planning Commission and City Council wanted to get involved in their business. They would to propose a window, such as 8:00 a.m. to 9:00 p.m., within which they can set their hours of operation. Their current hours are 8:30 a.m. to 7:00 p.m. on Monday and Friday; 8:30 a.m. to 5:00 p.m. on Tuesday, Wednesday and Thursday; and 9:00 a.m. to 12:00 noon on Saturday. If business increases and customers demand longer hours, they would like to increase their hours to serve their customers. Mr. Perkowski stated on occasion they invite members to their facility to conduct seminars. Members will come in at 7:00 p.m. and it ends about 9:00 p.m. or so. There would be approximately 35 to 40 people coming in and out. Mr. Kondrick stated most drive-in bankinq facilities are open at 7:00 a.m. Ms. Savaqe stated she would be more concerned with the eveninq hours. Ms. Modig asked what the hours of operation were for some of the other businesses, such as Ziebart. Ms. McPherson stated she did not know. She thought this business would close relatively early. Mr. Saba suggested they consider restricting the drive-through hours because that is where the traffic would be. 5.08 w I R.''. . ;, .�; - _ _ - , �..� e � - ..�a.8:3i+ ed�a��+'t++xr 'Jr ,� � *d. .��-�v� �'� s.�.,: ,. ,.. �., ��., � .. ,.- .. . . .., . �. ,. .. _�� . . . . _,�,.> - . �.�: ,...» ' .a- >.., a �' a »t , ,. . :,. .. ,; ,. � Ms. Modiq :asked what -.the current hours were for the drive-through,� �� facility ` ` - . - ; _-- rt , r.. � � . ; . .: v ..�- ,. �,_ _-�; . � tt� .Mr:;: Perkowski�-.statect�.they►_ currently�. da not.have�a.°drfve-througir ,�.,� � �. _ _� _,._ � . _ . . - - - - - ._ . .. . . � . � _ �. ,. drive-up service. " _ - - '. _... _ _ _- --- , :� _ �.� _, , �.�'; _;�' ,�' � ^ Ms. Modiq asked what they wouZd propose for drive-throuqh hours. _ -�-- Mr. Perkowski stated they would �start with the hours � they `�«`�*��:�� ry�'�'��:��ri ��` current2y have and then consider extendinq those hours if --�r�=-- ^.� �-° ��3��w= �• •_� - necessary dependinq on the demand. The idea is to serve the members but they also want to respect the neighborhood and be. ,:.i.�_, .,:� :,:.. _..:•., � good neighbors. _:.. , < : ; .,_ . . . :. .n _._ �. ., _ y Mr. Saba stated he would not be opposed to 9:00 p.m. but 9:30 . �_. seems to be stretching into the time where people want quiet in -_ the neighborhood. I Mr. Perkowski stated the facility would have four drive-up 2anes. The fifth lane is to pass around. The fourth lane is an ATM that they would like to keep open all night. It would have little use at night. Mr. Schwartz stated residential properties abut this parcel starting at the property line behind the fire station and along the rear of the property. His property is along the back corner of the lot. C-1 is supposed to have traffic with a minimal impact to the neighborhood. A bank is a special use because of the high volume of traffic of which 75$ is probably the drive through. He asked the credit union how many transactions they have on a typical Friday. Their response was about 1,100 transaction. This would mean about 700 cars on Fridays. It has been said that a bank building itself without a drive-though is a high impact to C-1. He does not have a problem with the building. The parking lot is fine but there might be some problems with the drive-through. The elevation of the buildinq is 885 feet which is one foot above the fire station elevation and three to four feet above the surrounding properties. It is roughly three feet above Central Avenue. It may be hard to qet effective screening for the headlights, etc. The code states that in C-1 the headlights cannot shine on residential property. He would want the screening fence all the way around with no breaks. He was not sure about the height. If the elevation goes down three or four feet to the edge of the property and a six foot fence is installed, you effectively loose three feet. Many vehicles are utility vehicles with headlights up high. He wants to make sure there is effective screening. Mr. Schwartz stated, as far as the drainaqe pian, they have had a lot of trouble with water problems. In the staff report packet 5.09 �..a� .....,. ._ _ . . .. a, . . ... . r� :?� : �Works Directoz �tion ::ponds_�_wil] !e � �� He knew �.tha �fi;,,,�c�s;..,,�,:..+.�.;;.wa.s. �.sa+v>-�:ucsysaa.rva�-.�.ravs✓cs�.a�v� -��:.saacj-: naavw a.ivLa cajrasscu � .. . .. . . . ., . . � everythinq on paper does not� "a3:ways work. � ��p . . -�� Mr. Schwartz stated.:the d=ive-through;wou�d hand2e,apgrox�: k�.. ,. ,.. goinq through there. The . credit ;�nian does not have ' an ATM �at'� „�..��... ' �°� their current faci�ity. �he ATM wi22 be iocated there. When «.-..... they asked about the use of the ATM at the Bloominqton faci2.fty,y> they stated the� have about 2,ffOQ uses per month whielY fs��ana�� ~;��;�°; ��A� ,�, , • _� averaqe of abaut 65 uses per -rday: �� iie thouqht most oi � the �use . . . > �� would be on weekends and niqhts. Accord�ng to code, a�i . t commercial equipment not kept in a building sha2l b� fuily -«--�_ -�,�h� � A� ,�. , screened and not be visible from adjoining property. The ~�� machinery in the drive-though goes back to the screeninq issue.� - With the elevation at the edge o� the property three feet Tower- " °' than the drive-through and the machines above that, he wo�dered if a 6-foot fence would screen the equipment. The code also states the headlights are to be screened. The drive-through has the potential of creating noise from the intercom and the cars. Certainly, the impact on the residential area is from the drive- through. Ms. Savage asked Mr. Schwartz's opinion about the hours of operation. Mr. Schwartz stated he felt comfortable with the current hours. He did not like the idea of extending those hours. He asked them if they would change hours. At that time, they said they wouid not. He felt 9:00 p.m. was too late. Having a meeting is different. That is not the drive-through. He likes the way it is set up to have to talk to the City and the neighbors i€ they want to extend the hours. Mr. Oquist stated the credit union has indicated the ho�zrs in their current location but they have not established operatinq hours for this facility. Ms. Modig asked what he felt about restricting the drive-throuqh hours and extend the bank building hours. Mr. Schwartz stated he would 2ike that better. But the problem is that they still have to drive around the building to qet out of the site. There may not be any problems. This gives the neighbors an opportunity to discuss the hours at a future meetinq. ' S.10 �� 1 �_- : ,,. �.- . ■ - - � s �� . � � �.:�� ;� �=-�� ,=:. . , _ � , _ Mr,. Saba'stated he would Iike ;to qive a cushion.�3=:Perhaps lfnif the drive throuqh but not the hours in the buildinq itse2f: -�� He "�"' �`" can see problems arisinq if the drive-throuqh is open later ftt� �� '� the eyeninq. , _ _,�.� ;� . _ri� ��.�' � . _ #;: . < F: ,. . _. .. -..� fi � - y . . Ms. Savaqe asked if Mr. Schwartz was sayinq that only avscreestinq`° •:. �' fence would be adequate. - - Mr. Schwartz stated he is not in favor of the broken-ug desiqsr.- i- ��.:• _� This.is commercial-aqainst-resident�a�. - It is °f�t the code>that� . p � this must be there. Security for the residents is a biq thinq. :� You can walk right through this area now that it is completed, and there will be more people who will be able to see the -. residential properties durinq the day. - - Mr. Kondrick asked the difference in elevation from the drive- through lanes to the area of the fence line. Ms. McPherson stated the elevation at the bituminous level of the drive-through is 884.6 feet. The elevation of the parking lot corner at the bituminous is 882.5 feet. At the top of the curb, the elevation is 883 feet. Out in the grassy area, the elevation is 882.5 feet. Along the rear property line, the elevation is 882 feet. The fire station is at 884 feet. The area near the ditch is at 879 feet. Ms. Schwartz stated, regarding the hours, they have asked the bank staff about the hours and the staff stated the hours are planned to be the same as the hours at the current facility. You are looking at an incredibly high use for a C-1 area, especially adjoining single houses. She has no opposition to a window occurring one hour either side of their current hours, but beyond that she would not want to see the hours extended without another meeting. She drastically opposes long hours on a Saturday. She would want to leave the hours as they are for Saturdays. She would not like to see the bank open at 7:00 a.m. She does not get up until 8:00 a.m. and this is a lot of traffic additional traffic. She could see one hour either way of what they have now. She thought this was adequate leeway. If they want more, she wants a meeting to discuss it. She has no problem with meetings or seminars because that is not normal business. Her concern is primarily with the drive-through but she is also concerned about the building itself. � Ms. Schwartz stated she also understands the ATM will be open at all hours. She is surprised the ATM is located in the back for security reasons. They have had on more than one occasion had people in the woods hiding from the police. If puttinq a bank there, it seems a hiqh risk place. Unless there is some type of fencing to separate the properties then you are looking at more of a security risk for the ATM users. She thought there was a 5.11 � 4 - h S""y-.�w'.^i $'��.: - +f �� s- �� . ,: ` ; . -... . , , �: , • - .. . , . :. . .,,. .. -. . . . - . . .. '. . . . _ . � .. . ' ,!�,- 4 �' e+�."x : � . � L_ "` '�%+��'� `'� � ��,.. �� , security, risk for � people runninq from the bank over �a��th�� p houses. She is extremely concerned with the screeninq and' way that.it sits now. If an eight-foot fence is constructe ._., .:,that�may.,not be adequate to meet the codes for what the�z:�ha . . . . . � li _ __�_ � __� .. . ' .. . .. . . ... ..�.�.: .... �. . ..�....._ ... �:.�.�.:..w........��.�.v...i..,..�.,�arc��.::.-e, ... .. ,�:- � _ . . _..,. . ..... ... .. . . ...:-.- . . . . ... . . . . . ... . . . _ . . . . d�:.� . �� .. � ' . � . ' . . . . � . . .. . . nn.°".�'�- , i S .�,.. Mr. Oquist stated the limit for a fence is eight feet. .�� f�-�-' Mr. Schwartz asked if they could be given apgrova� ta berm ug �he��-°�_� s; > fence area by one-foot ta add- to the e�evatiort o� the fence= �o�`��'��:� �'° ' insure screeninq of the residential properties. The fence is te start at the edge of the fire station property sa the fence would be strictly along residential property. .- Mr. Oquist stated he did not think.lights throuqh would shine on their house. It is distance away. from cars in the drive= a considerable - � t. Ms. Schwartz stated, if cars turn, they will be scanning on the houses. Neighbors headlights will scan her property but this is commercial. The code states the screeninq will prevent ' headlights from beaminq onto adjacent residential properties. The materials and commercial equipment shall be kept in a buildinq or fully screened from property of a different district. She is not talking about the canopy but the drive-through component. Their van's headlights are 38 inches off the ground. With the elevation at the fence line three feet lower and adding to the vehicle height is already six feet. She did not think a six-foot fence would effectively screen. That is why she thouqht berming would help. She asked if there was anythinq they could reduce the elevation of the drive-through. Mr. Paige stated he thought that has to do with drainage. They would prefer to keep it lower if they could but, in terms of getting the site to drain, that is where it needs to be. These are all inter-related. They have no problem with complying with the screening requirements. Ms. Schwartz stated she thought they should berm the fence line. She thought a stipulation should be added that, if the project is built and effective screening is not achieved, more provisions could be added at that time to achieve it. Mr. Sielaff stated, if the lights get on the neiqhbors property, this would not be in compliance with the code. We would then have to go back and brinq it up to code. Ms. Schwartz stated, when they discussed this with staff, staff stated the eight-foot fence would probably be ma�ginal. 5.12 . . �. 'fi �� x� ��: �� .. : � " ` ' � �.� 4 - Mr..�Sielaff asked if an eight-foot fence would keep�thetliqhts� ' from shininq on the property. `� `� ��T�� "�� , � � �. ,. � .�..� � � -�� -� a - �. � � �� :. Mr._: H;ickok stated they taiked about the fence along that Iini""and� ��- �;��the�'requirement-�.being six;to:�eiqht�feet�as,,out�ined�ir��the-cod � , : that the code re ires a maximum of ei ht feet of screenin ,°�'� _�� _�� -= 4u 4 g_.:� height. He thought the point in the discussion was to make ft -�� clear that eight feet is all we can require and beyond that we would�also be concerned about the imposition of what is now -- �- essential].� a bui�ding wal1.. ' They were taikinq about the six�to�'�-��•��'� eight feet. They talked about the drop in elevation between the � -- drive-through and the rear of the bank, and relationship of that drive-through to an eiqht-foot fence. With the drop in elevation at the side lot line, staff did talk about an eight-foot fence possib�y beinq more appropriate because of the heiqht of the � liqhts and the height of the drive surface. Beyond that, he was not sure if he understands what question was being asked of staff. , Ms. Schwartz stated they had asked what would happen if the buildinq was constructed with an eight-foot fence and it still does not meet the screening requirements. Staff indicated an eight-foot fence is the maximum. If an eight-foot fence proves to be inadequate, can there be a stipulation added that they can still come back and have the petitioner add trees where it does not screen. Mr. Sielaff asked what takes precedence - the maximum eight-foot fence or the light that goes onto the property if the eight-foot fence does not screen adequately. Ms. McPherson stated somehow a determination is going to be made. She would suggest the petitioner, between this meetinq and the City Council meeting, do an elevation or a cross-section of the property showing the elevation of the drive-through and the residential properties in question with the fence and showing a typical car so a true relationship can be graphically displayed as to the proposal. Perhaps a better evaluation of the screening could occur. Unless the City Council wants to arrange a variance as part of the special use permit process and go through the Appeals Commission, we can at this point only require an eight- foot fence. Until we do an elevation study, they would have to go back and visit the fence issue. At that p�oint, unless the City wants to qrant a variance, we would have to look at some other type of vegetative plant materials to provide screeninq. That is something staff can do. Mr. Hickok stated he thought a combination of fencinq and screening plant material was�until. this evening viewed as a victory and a good compromise solution. Knowinq we cannot qo above eight feet in height, this combination would break the 5.�3 ��.. �, v � _ `-ti; ` a - ;- . �.. ; •,g . - �., -.r � �� :, yzr� ��,�.• �C �� an ,a,��.._x"��•', �; imposition of a solid fence and- give the opportunity at � certai�T,;, ,�� strateqic points for added elevation where trees can grow much4�'� �""�T��' �}'t higher than an eight-foot fence. - � ��°.° �- fir. �x �'�� .��'�; - . . . . , . :. .._ ; i.., �% ',�, F �R!=� � � �" ' ' «: 1"' .� ..:..� n s ��.- �. : . � .: _�: . ,� . .'. ,.Y� �. .. ��.. � ' ' , �� .... . Y� �ia'�dY.v .. x ' .. "ih. ... ' " . . . .. . : .� � ��. _,:, �,��Mr.�,�ielaf�asked , what�.recourse<-�is�there�it�thfs_.doesw not�wa� � .. � �: e 1 ... a �.�.�< �� __ y, ,{. Ms . McPherson stated the f irst recourse is the standards are set �-° "`� °� �' �� ' ,.,-. forth in the code for the C-1 district. Administratively� staff can r�ceive a phone call from a resident indicating there is a- . .� ..r � problem. > Staff can then cal� the petitioner ta take care of t�e ��*�*��=w�`' problem. Because it is special use permit, if the petitioner continues to fail to meet performance standards, the City CounciI. can start revocation hearings on the special use permit in whic,h case the business would pretty much cease on the site. -- - �- � Ms. Schwartz asked if the petitioner would consider berm�nq. , Mr. Paige stated they could look at that. � � Mr. Saba stated he thought the only time the residents would have a problem with headlights was if a person were drivinq with their bright lights on. Most cars are focused downward. The hours , would restrict the headlights except in the winter and fall. Mr. and Mrs. Schwartz have brought up some good points that can be addressed. Ms. Schwartz stated she would like to see the drive-through screened. She thought the fence would also reduce noise. She would like to see the fence all the way around for noise and for security. She is also concerned about the drainage. Their property is one of the properties that is beinq flooded out as a result of the storm sewer project. Anytime you put any dirt in this area, it impacts others. When the former owner dumped the load of dirt there in 1990 and 1991, it increased the water on their property. If the drainage is worse, would this have to be revisited? Mr. Kondrick stated yes. Ms. Labandz stated she did not want a full fence behind her house. She would prefer trees. Regardinq the hours, she did not agree that a drive-through should be open until 9:00 p.m. She did not care if they had meetings until 9:00 p.m. but not the drive-through. She would prefer that 7:00 p.m. be the latest the drive-through is open. Ms. Labandz stated she did not want a fence. They have a view of the wetland behind their property. She would like to still see the wetland in the back. Mr. Sielaff asked if she had an objection to the lights. 5.14 � �� - - ��: . �m�,• � „, �r # �� : Ms. > Labandz stated they� qet headliqhts from Central as" ft�= fs�b �� £ she did not know that they will come to their house. They �="� "��°� 3'-�'"= =` �� already have some trees in the back ` and, - once they qet fu].Y,�=it-�� -�'-'�' would :screen and block a lot of light in the summer. . She3 �� '��.� �,�'� , .:.. �*�,�,+ �.��,we�comes�the�:bank�.�is�-::the ne�ghborhood" but�=she�does � not`wan .-_ � fuTl fence in her backyard. She would rather see trees.�`�As'far �� `� ` as the hours, she thouqht 7:00 p.m. should be the latest.` - - ~ Ms. Dahlberg stated she is concerned.about the drainaqe. She has �� - Mad ducks swimming in her backyard ' since they put in the storm �' "��'� ?"�� k�""`�'° �' sewer. She thought this wou2d make it worse. If they can come up with some way to qet rid of the water so she can have her garden back, then it would be okay. _, Ms. McPherson stated any existing water that is currently on � '� these properties that may or may not be attributed to the stormwater improvement that was done adjacent to Rice Creek Road ��' is not the responsibility of the petitioner. This needs to be t worked out with the Engineering Department. All staff can assure is that the proposed stormwater f=om this project is not qoinq to exceed what is permitted by the ordinance. Ms. Dahlberg stated they did not have water until they put the storm sewers in, and she does not want any more. Ms. McPherson stated she understands. The Engineering Department is responsible for the flow not exceedinq what is required by the ordinance. Ms. Dahlberg asked who she can go to in order to work on this. . She has talked with Mr. Flora and Mr. Burns but they have not gotten back to her. Mr. Kondrick stated her comments would be part of the public record and suggested she contact Mr. Flora and/or Mr. Burns again. �. Mr. Schwartz asked if the building roof would be drained into the storm sewer system. .f, Mr. Paige stated yes. The front of the property would drain in to the street as well. Ms. Dahlberg stated she would like to have a fence around the property for privacy. She was not so concerned about the trees because she has woods behind her. • Ms. Schwartz stated her objection is that trees do not provide screening except in the summer. They put in everqreens five years aqo. They are now eight feet tall. Unless you piant 10 to 5.15 � f .. . � .... . .. . . . . . . . . . . ,. .. .-... - . . ;, ��>,._.�� aH-n„ ,._ �ea. , -,�. :. �'_ � . .'" ��xc�.:: ��' � 15-foot trees, it wi12 be'about,�10'years before you wou2d qet �� , coveraqe. � � �.�� ° .� �� . .�. : ;. . . . _>= n;: .=�.,.�,�`��.,._�' , - z. _ `:. Ms. Sahwartz stated their neighbor, < Joe Nelson . at I357 `;�64tI�.��y �P� � _ . . :.�� ,� .��>was'�unabYe:=:to�:attend�th��meetfng.<due-tar:a-pria��°�� ;, 4=��'� - Ayenu� commitment 8e asked them to state that he is concerned,aP�out � �,: the drive-throuqh and adequate screeninq oi that. He is'aZsa��-_� �` concerned that an eiqht-foot fence is not enough. �•- ; O O by Mr. Saba, seconded b� Ms: Savaqe, to ciose the pub2fc�`i�� _�_°��''; `' hearinq. IIPON A VOICB VOTL� ALL QOTINC� AYE, VICL—CHAIRPERSON HONDRICIC : -� DECLARED TH8 MOTION CARRI$D AND THE PIIBLIC BEARIN(i CLOSBD AT 9s10 ---�``" P.M. _ Mr. Hickok stated it is not the ro].e of staff to be argumentative, but it is the role of staff to point out a segment of the code that is being referred to about headlights. Unde= the special use section of the code, it talks about different types of special use permits allowed in this district. Number 7 is motor vehicle, oil and fuel dispensing service as an accessory use to a convenience store. It goes on to talk about specific elements if a special use permit were to be qranted under �7. It is under that where you will find the language about a required buffered, screeninq area being constructed to obstruct headliqht beams on the property from beaming into adjacent residential properties. His point in bringing this up is not to minimize the impact of headlights on this site; but from an integrity standpoint, our code is specific about screening for uses in this district in general and gets even more specific when certain uses is occurring on a site. That is an important distinction. Staff are concerned about the headlights from this facility and believe the rest of the statements are valid. Ms. Savage stated stipulations #10 and #11 seem to be the issues. Mr. Sielaff stated, concerning the hours, he cannot project what the problems are going to be. He does not see any problems in approvinq the current hours. He understands the argument for a window but he thought they could come back and do it a second time. At that time, the City would have more infonaation on any problems as to whether there are any problems occurring especially in light of the neighbors� concerns. Mr. Kondrick asked what he thought about the suggestion of addinq one hour to either end. Mr. Sielaff stated he heard that comment but he also heard to stay with the current hours. He would tend to err on the sfde o! - beinq conservative. 5.16 �� _._. _ �+.�. * : r� �-c " .�w .�"� ;�, � r Mr. Oquist stated he thouqht they would need to include the exa�"�� = hours of operation. Any deviation from that requires them to :�= �'� =�"' ""�- come back to us. He does not agree with that. He thouqht the��% ��- , Commfssion needed to have some tolerance. . He did not think �it� ��,.��.�,: �� ,was�.�heir._;position:,to :dietate:,busiaess-hotirs� ��;� �-�s�� , , - Mr. Sielaff stated he thought the residents made a valid argument - that this is a C-1 next to a residential area. The main concern is th� drive-through. If we show flexibility, he thouqht they _ �- could aYlow the bank to be open 2onger but restrict the drfve-�� `�� throuqh. . Mr. Oquist stated, as he understands it, if it weren't for the drive-through, they would nct be talking about this tonight. - � Ms. Modig stated she would have more sympathy if they were putting a bank into the middle of a residential area. However, we are talking about putting =n a building in an area where there is a restaurant, a welding shop, a carpet shop, a shopping center with a bar across the street, another shopping center next door to that, and office buildings; and we do not restrict any of the hours for those businesses. She did not know how they can logically do that. Because of where this property sits and the fact that there are houses there, we are not talking about lights shining in because they are not directly across the street. They face another street. She used to live in that area. There were lights coming from some of the businesses into her property. She did not know how they could say this to a bank. This did not come up when the other businesses came in. Her personal opinion is that she does not think it is her business to tell the bank or any other business in an area surrounded by businesses what their hours of operation should be. This is only coming up because of the special use permit. Her recommendation is that they do not include restrictions. Mr. Saba stated, if we are talking about this situation, he has no concern about the building itself and the hours of operation of the building. They are talking about the drive-throuqh and the concerns the neighbors have with the drive-through. He recommends they establish a window to allow an extension of the hours of operation up to one hour beyond the current hours. They will probably go ahead with their existing hours and they may never expand. He did not see a problem with 8:00 p.m at a drive- through. He understands Ms. Modig's concern but he also understands the neighbors concerns. A drive-through situation is different than a commercial operation. He did not think the neighbors would have a problem with headlights but just to be on the safe side he would like to go ahead with the one hour. As fa� as the screening, he would like to see the combination of the fence and the evergreens. He would like to see some taller evergreens. Trees provide screening and reduce the sound. With 5.17 ._. � 'ec�¢ i'� � . . . � . - "� ";��. hh?:; � x x ,,; , _. y., ;... : �,_,; . a fence, the sound tends to qo right over. He understands '� e concern about security, but he thouqht the combination of�the�'u fence and the evergreens is a qood plan. ��'�-�r ��a� � -� ; ; - ,��.� � _ ,... . : ,� , 1�. : Moai �Y �� . �� q.stated-the proposa2:,.in the Tetter� from Sirriy-Rrc�a ec� is then acceptable to you. '' `°� `"° _.�'° Mr. Saba stated yes. Mr. Oquist stated he aqreed w3.t� Mr. Saba.` He a2so agrees �with�� `�-"''� "� ' Ms. Modig that they should not restrict hours. He thought,'after - hearinq the concerns, that extending one hour is okay but the ATlt will remain open. He did not see a problem with headliqhts. He thought they would be deflected. He hears that residents have trees in the area. He could go with a fence but, if he Iived �` " there, he would prefer everqreens. He believes the code, if there is a probl.em in the future, will take care of that problem. ' He would vote for appr�val of the request with the stipulations, i deleting stipulation �3, leavinq stipulation #10, and amendinq to #11 to add one hour of operation to the existinq hours of operation. He thought this was a good plan for the property. Ms. Savage stated she agreed that this is a nice plan. She agrees with Mr. Sielaff. She does not have a big opposition to the hours. She can live with a one-hour extension of hours. If she was living there, she would be more concerned with the hours. Under stipulation #10, she would prefer to see an eight-foot fence. Mr. Sielaff stated he would be willing to go along with a compromise of allowing one-hour each way on the hours from existing. Mr. Kondrick stated he ac}reed with the one-hour extension. He would prefer to see a combination fence and tree design. Trees would be more of a sound barrier. Mr. Oquist stated the only other issue is stipulation #7 to change that they submit other assurances. Ms. McPherson suggested the following wording, "The petitioner shall submit an acceptable form of assurance in the amount of 3$ of the construction costs to insure completioh of the outdoor improvements." MOTION by Mr. Saba, seconded by Ms. Modig, to recommend approval of Special Use Permit, SP #96-09, by Sirny Architects, to allow a bank or other financial institution in a C-1, Local Business zoning district, on Lots 17 and 18, Block 2, Spring Valley, generally located at 6303 Central Avenue N.E., with the following stipu2ations: � 5.18 . _ rt : :, . , _ --,�w> �. �� „ A�;., e.r. . �. � ��-� _ -- -t � .. . . . . . . .. . � . . � � �:�'t $,€�a�`.�r-�x .' 9�'. . . � � . . . ,�� ..x'?`��-� � . I. The petitioner shall provide an additional 13 trees �to°'the��'��'�k� °��''= �r� landscape plan, 30� of which shall be everqreen. ��~°" :�'`'� ;:� „- , „ 2. The petitioner sha21 sui�rmit the specifications for. staft�� r��=� -_{° �' � .�� w ..._ .:. .. •`review : on prairie- pZant�varietf es: --�.; .. �.h_�-�� .�.�.:,�� , �� r;� _: �- - 3. The petitioner shaZl provide maintenance of the prairfe ` = �',w� glants for a minimum of three years to insure proper qrowth. �': 4. The entry and exit signs shali be reduced to four square ��` ~+� `'" �' : feet in area. - 5. The petitioner shall submit hydroloqic calculations to the Engineering Department in order to review the grading and drainaqe plan. 6. The petitioner shall submit an acceptable form of assurance in the amount of 3$ of the construction costs to insure completion of the outdoor improvements. . 7. 8. The landscape plan shall indicate inclusions of underground sprinkling. The noise level from any intercom system shall not exceed the decibel level set forth in the Fridley City Code. 9. The petitioner shall install an eight-foot screening fence along the north and east lot lines, abutting the R-1 zoning, starting at the southeast corner of the fire station. 10. Any expansion of the facility or extension of hours of operation beyond one hour in the morning or one hour in the eveninq must be reviewed and approved by the Planning Commission and City Council. il. Garbage hauling from the site shall not occur before 7:00 a.m. nor after 7:00 p.m. IIPON A VOICB VOTL, ALL VOTINa AYE� VICS-CSAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council would consider this request at their meeting of May 20. 2. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF APRIL 1 1996 �OTION by Ms. Modig, seconded by Mr. Saba, to receive the minutes of the Parks & Recreation Commission meetinq of April 1, 1996. s.�s .. ' ,. �W.�; ' ' : `.i`:� �^ ,.c- � , a� : �av 1, c �;i�. + !, + - ' � ` ` �,=� ��' « e..� . �, , , . . .. _..�.�., ... .-f.,a&. . x�2,_�_„�.�^€$,�..r�._ _.._. ...._.. .. .. .................ss��..... _w.��, � _w. .- _ ' . . . . .vk - � i�� ^a . .'.:.'�'*'�'+�91�.'�':'- �,_i��-..�-'`-. ... ,�.�i a� . .., , - IIPObi 71 VOIC$ VOTB, '1�LL :VOTING ]IYS, VICE—CBAIRP8R80�t'-�O�DRICZ� . ., _ °` ` • DLCLARBD TH8 MOTIODT CARRILD IINA1�tIffiOIISLY. ':'}"" AA70URNMENT . � � � _ " , ��i , ��;, � r � � k � -��,��;R,� �- . - . �,.:� � -,� � �, �." ^F . �,�: �..3.. °;� > .�._�rs » "'� � , `�'._ ��. a� �=?,''°��.* .�' � N::� i��'�-`,�:;, .��` a��" �' - . .: �. .--"�'--. . . . . .. . '. "t'<„R?�:,�� ,: r+'.� . "A; - �.Q�Q�,j by 1Ks . Modig, `seconded by Mr. Saba, to ad j ourn the meetinq. �.: IIPO�T X VOICB VOTB� ALL VOTING AYB, VICB—CSl�iIEtPSR80�T lCONDRIC� DECLARBD TH$ MOTIOM CARRIBD AND T8g MAY I, 2996, PLANNING COMMI88ION ISEETING lIDJOQRNED AT 9:30 P.M. Respectfully submitted, ?; (.�J Lavonn Cooper � Recording Secretary . � 5.20 1 . :; PLANNING COIYII+IISSION.MSETING, ` ieTednesdap,_May� i; _=�1996 ��' _-, ��-�� ° ' `4.` , .. �_:�,z, ... _ � � ._ — -. . , , � �� r �� , � . . . . . � _ : _ ._ :_ .: .. �..,x.c� �. . . � , .. . . . . . . ' . _ .` , ..:_ w:,l�,� _ ._ _ , .�. . . . . . . . _ . .,�„ ,� t �,� r. � ��. .�_� • Name` Address/Business �e" . . _ .. _� ... �.._ . _ .. ... .�.+ :, ;� � � T � � �f ` I/h %c�v.�!1�� ,, rh � , _. n.��. � - - ,: �� . ,;.__�, � ° �.� � . .: ,.w....r.,: �,. �.�r..... ... .. � f } . . . �./` ` `-'� (, ' •r '�txz _ . . . . , . . � . . r; �. � . . . �.._ . .. 4' ,. L/ ( H � 1�I I_ �C� � m �S � S _ � : � - .� � :,�_ � — �E� {��t�a S � f � le� S, : U S G ✓ � ;;. . � � ��L /� �l'�•�-��/ ��e . � � � �' [ � � ' . . � S't . �//��' T � � �? iZ ��f� l/L�� /f/'�—. � � . ��'. �/' � Q S6 ��r= U� �i� ` ' :: � � - � � 3� � ��{� A.��e� N, i �°�� . � 5.21 � � 1 T a��;,,-.,..�..r. . :,. . .. ,�.. �- :<: ,�� ., -. _. ,:�, �.-;,:#�.�.3r �-�:...�. . MEMOI�;ANDUM .: � � PLANNING D�'VISION �� ..�: _ _ � � � �: � --F - .�-.- DATE: May 13, 1996 �/ � (� - TO: Wiliiam Bums, City Manager ;�l FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Lisa Campb�lanning Associate SUBJECT: Council A�tion: Consideration of Lease Agreement Befinreen the City of Fridley and Recycle Minnesota Resources, Inc. for the Operation of the City's Recycling Center Background City staff has investigated the feasibility of obtaining a new contractor willing to participate in improving the Recycling Center's facility and site for the last year. Three separate Requests for Proposals (RFPs) have been issued. The private sector's response to each of the three proposals has been unfavorable. As a group, the private sector cites poor market conditions and low volume as the primary barriers to responding to the City's RFPs. The latest RFP requested �n operator and equipment only, and the response from the private sector was that the project is still not economically feasible. (Please see Attachment A for a summary of their responses to the most recent RFP.) The user survey request by Councilmember Billings is also attached for your review. (Please see Attachment B.) Proposed Lease Agreement Staff has met with the current contractor, Recycle Minnesota Resources, Inc., and drafted that attached Lease Agreement for your consideration and approval. This Lease Agreement has been reviewed by the City Attorney. Significant features of the Lease Agreement are listed below: 1. Term: The 7-month period from June 1 to December 31, 19�, with a 2- year renewal clause upon mutual agreement. � 6.01 �¢ t`,�� Consideration of Lease�Agreement Betwee� the Cify of Fridley and Recycte'Min ., Resources, lnc., for the Operation of the City's Recyciing Center ��`�'� May 13, 1996 _ _ . ' t`�; .' , � P 2 age _ : 2.' Consideration: The City wilt pay a monthly operating fea of $5f)0 `� �`� ' month for the first 7 months. Shoutd ttie City renew the tease for F additionat 2 years, the monthty operating fee wi!! be renegotiated. � 3. ' The City shalt instali sewer and water to the building no later than August �t � 'f 996. . , These expenses are reimbursable from SCORE funds. 4. The Contractor shail require its staff responsibfe for the daily operation of the Recyciing Center to meet quarterty with City staff to discuss customer service expectations and complete City-provided customer service training. Staff Recommendation: Approve Lease Agreement and Develop Options for Future Operation of Site. Staff recommends that Council approve the Lease Agreement for the remaining 7months of 1996. If Council concurs with this recommendation, staff will develop options for the future operation of the site. These options will vary with the {evel of the City's financial participation in operating the site. A possible range could include, at the low end, closing the site; or, at the high end, the City taking over the operating of the site. This would include staffing and equipping the site, as well as marketing the materials. Staff will forward the complete analysis to Council by early October 1996. If you have any questions regarding this recommendation, please feel free to contact Barbara Dacy at extension 590. LC:Is M-96-225 i 6.�2 � �. { • '-+ �... .-_ _ .... ... .. . _ :_: ,......a :�"�,�. -,.,�<�_ �. _. ;:�. ' . . . �:� .. - s�'<.'_� Lf`'..�;��^',q�` �atww9 � . . ,.._. �. .�,�_._ • .'^"',.a.�a,ax�w ay�� -.a+ � �iK� . v,.. r _ - ndle "R y ecycting Ceater =� �� x�� - b� � �,:�. �. _�;� _ . �.: . � : : :. . �.:: � � _. � m _ Prospective Contractor, Post RFP #3 g� g�� .��t��+��'� � -�--�_�^ �:. Preliminary Survey Findings, Apri1 11, 1996 ��r� < #°�� --• -°�� = _.��.-�� Prospective Contractors . _} _ . � - .. . Respo�._ #... � r .,.,_ .- � .,� .-' � �� .:�� f. _.- � ---. Responses Pending � � � . � �� ;•» � .� Aspen Waste Systems (AWS) - - Gallaghei's � � m �� =� �--:� _ } ` a � �= Randy`s Sanitatioa(RS) . Browning Ferris Industries ' __ Aagard Sanitation (Aagard) Vasko's Ace Solid Waste AS _ . , � � Discount Aluminum & Steet Home Depot (HD) United Waste Jodi T aitt ( III � � Tri-C cl y e, Corporation Waste Management ('WNl) I Weyerhaeuser (VV1 ; Resource Recovery (RR) � Goodwilllndustries G � t � Contractors Not Surveyed American Iron & Steel (AI&S) Recycle Minnesota Resources � 1• What did you like about the RFF? . Liked the fact that you had identified the oosts f+�r us. (WM� That the cnntracto� was no longer r�sponsib/e for the imp�vements. (WM) More concise and to the point than I have ever seen from govem�ent. (AWS) Nothing. (RS) Nothing. (Aagard) � .. Well written, understood exac�ly what the City wantecl. (Al&S) 2. What did you dislike about the RFP? The term was too short. The site should not be a �edemption siie. No operator either . (WM). Not suffrcient dme to respond. (AWM) Vo/ume wasn� enough to run a business The retum isn'� there. Capital expense so high for return of nothing_ jRS) No win, no revenue possibility.(Aagardj Low tonnage. no mii! srzed baile�, h�gh overhead. (J� We had no problem with the RFP, under these market c�onditions our aompany has not responded to any RFPs. (W) � Required the ful/ range of maierials and our company is only interested in metals. (AI&S) , 1 6.03 � . .__ �; .. . _. . , __ �V�.1�q''Lw%g V�rO�r�. Prospective Contractor, Post RFP #3 PreGminary Survey Fmdinga, A�ri11 t,1996 � -� . , a �,�.�: �� .�� .� � k..� �� ' � � `�rv.,`��a�.��-�.�^a-�� " :�,.., ,��:, r al�.i�-; _ �x�: � 't�' " y �p. � : .'�s.`lov.tSa��4�sW"'1.�'.�'1�� -.+�w-�� f 92��'��`^ri. .(. \ `F .k f � � "�,.�* �H £ 3. What changes would you make to the RFP? Mo� �i�wbii�y. The Cify wifl have to o n u its Pe P P�et�ok Land is no� enougi��We �,,�„� �rv�� r: - . wmukl wani mor� inde ndenoe. ,. -`µ `- . . . � � - F. Pe C�ardl `` Longer terrrr, three years at /easf. (RS) Needs to be a oost p/us dea1, City wou/d have to pay an operating fee ar�d pvssi,bly cbnsidex revenue sharing.(AWS) _ .; � , City should operate �and equip. Mo�e specifrc, tighter sp�ec�Cations, need more information, more of a descripfion of what the City wanteal. City shouid provide equipment. (J� . Longer term, five years, no operator or r�educed hours of operation, gieater flexibiCrfy orr part of City. No redemption. (WM) Again, current market cond'�bions require a partnership, our company w�ou/d Cke to talk with you about how to circumvent some of the costs. (W) , 4. If these changes were made would you be interested in submitting an RFP? Yes. (WM) No tonnage %o low. (J� No. (ASV1� Maybe (AWS) No, don'� have the manpower to expand into this area right now (RS) No, not right now, under this market conditions, bids or RFPs result in winF/lose dea/s and we would rke to work with more flexibiC�ty and a!low for the possibi!"ity of developing win/i�vin dea/s. 5. Is your company interested in meeting with the City to further discuss the possibility of operating the City's recycling center? No, but would be interested in hauling.(ASVt� No, commodity prices change too much. (AWS) No, but maybe in three years, too busy right now. (RS) Yes (WM) Absolute/y, Yes, we are interested in discussing this furihe� with the City.(N/J No, Home Depot is not interested in expa�ng the Recyding Depot into this �gion right now. (HD) � No, but / wi// send you my resume for consu/ting possibilities. (./T) No, we're only interested in metals Expanding into fu/I �ange of materials in not in our business plan. (Al&S) - No, this is not our line of work. We got out of recycling three years ago so we oould get back to what we do best.(GV1� � . 2 6.04 ;: : • , - . . � ,��. ,, � �. . ., . � -�.�. _ S �.�� _ , .. ' C �,�� " � � � � ` ,� . Prel�m g enter �Tser e�► (838 � : �-�� . � , = ; � _ _¢ ffi � 5�.��, .� ...�� . ._ �� :� �...�.� � � � �'e�ruar� 14-Mag 9, � - p ��' ,;: : - ,� � .-: 2� , w . �. .� � r �T � � �. , _. , _ � •�. ._ . . „ e °,.. �.. � �- � �, . _ ..: . ._.e: . . � �..� � ,.:. ..., �, ,., . �` x , . �� ..-�,r�� .:��. �r: ;� �w -� .. �� > �� ,>_.:_ .,.�, r Municipality Number of Trips % of Total Trips _ Fridley 405 48.3% _ . Spting Lake Patk 67 8% Blaifie _ .. . . ,. �: _ _ F � , . �>� . 3.... . S8 ._� ._: ,-.�. �: �.�.� . ,..� , � . T . . , , _. Columbia Heights 58 '7% Moundsview 50 6% Coon Rapids 33 4% New Brightoa 25 3% 1Vfinneapolis 23 2%0 - St. Anthony O8 1 % Roseville 08 1% � Shoreview 08 1 % � Lino Lakes <1% Ham Lake <1% Lexington <1% Circle Pines <1% Brooklyn Center <1�/, Brooklyn Park <1% Hilltop <1% Maple Grove <1% Elk River <1% Anoka <10/, Forest Lake <1�/, St. Francis <�% Oakdale <1% Cedar <1% Chisago <lo/, Maplewood <1�/, R3mSeY <�% 6.05 �` =; � 1a5A�:•: i�� s -a.u. _. .,. . ...,�.,...m�'.a. b a�'a,..7<�,r». ...e.;.?w . ;?�,#,;� ... , ,.t'* � ,;br.,.,.. . .. . . ±' s,': _. �'�THIS AGREEMENT, made this � -� '�' � `day o� ` :�' �' y�a� �� ' ' � . 199E; b " = � �� between the City of Fridfey, a municipal corporation organized and existing under�the � �� ~�� s E � � =r-na� �' laws of the State of Minnesota, hereinafter calied "the City"� and the Contractor, � �� ,' Recycle Minnesota Resources, Inc., a Minnesota corporation organized and existirig "# under the laws of the State of Minnesota, herei� called "the Contracto�". , � =: � j� �� ':� ��. : WITN`ESSETH: That the City does hereby demise and tef unto the ContractoE- �` following described premises: � _ ` �. . - 'Ehat portion of Parcel 6620, generally located west of the Municipat Garage ya�d, south and adjacent to 71st Avenue N.E., with a premises dimension of 200' to the north and south by 205' to the east and west. The address is 350 - 71 st Avenue N. E. It is mutually desired by the City and the Contractor that the recycling center continue to be a success and benefit to the general public; therefore, the City and the Contractor agree to the following conditions: TERM OF LEASE: The Contractor is to have hold of the described premises for the seven month period beginning Ju�e 1, 1996, and ending December 31, 1996. An additional two (2) year extension of the lease may be granted upon mutuaf agreement of both parties. A. CONStDERATION: For each month from June to December 1996, the City shall pay the Contractor $500.00 per month operating fee and 5 cents per pound for plastics collected at the site. Should this lease be extended for two years, the monthly operating fee will be negotiated for the remaining 24 months of the Lease Agreement. II. SERVICES TO BE PROVIDED BY THE CONTRACTOR� The Contractor does hereby agree to furnish for the term of this agreement and as part of the consideration of this agreement the foflowing: A. HOURS OF OPERATIQN: The Contractor shall provide year-round staffed service, 40 hours per week, Tuesday through Saturday from 9:00 a.m. to 5:00 p.m., subject to severe weather or holiday closing. The ya�d waste transfer site hours are Tuesday, Friday, and Saturday 9:00 a.m. to 5:00 p.m. The Contractor staff will assist the City in enforcing the hours of operation of the yard waste site. This assistance includes directing customers who wish to use the yard waste transfer site during the hours when the site is normally closed to go to the Municipal Center to pay the fee to use the site. The Contractor staff will inform the customers that once they have paid the fee, they may return, show the Contractor staff their receipt, dump their leaves and grass, and take their bags with them. B. OPERATING PROCEDURES: The Contractor shall operate the aforementioned site by providing the following services: s.�s ��:... _ �1. � une� ��996�r December 31 � '�� - ��'� : :. ,� _ , � �9� ...: _ . � _. v � , �t��=Pa e � � `= � _;� �. ro -� �- ,.� 9 2 ` " _ a. . . .. . ._ . -- .'..._ ' ' .- ... 4: �,.�..�.,f..�'��.� _:�? �y �,V'� . �:. _ . . �'d`.r.+�Y�. _ " _ . .. . , . � � � �i"Xa'.7',�r :i+'�,.p �`�i '� .k s . 1. In the course of receiving materials, The Co�tractor shalf accept ��' - afuminum; bi-metal, and steei beverage and food containers; � aluminum foil; brown, green, and ciear glass botties and jars; ;� �• plastic botties with a neck; newsprint, office paper corrugated µ: �_ ��n �� __ � . cardboard; and magazines. � ., . _ . .,_ :. . . .. _ -. .. -, . . _ � . ._ .. _ - �. �_: . . � 2. Pay all utility, telephone, personnel, and operational costs • ' associated with the operation of the premises. 3. The overhead door wilt be open when the temperature reaches 60 degrees fahrenheit and it is not raining or snowing, and if having the door ope� does not interFere with safe operating practices. Reasonabte efforts wilt be made to keep the ovefiead door open as much as possible to promote an inviting customer-frie�dly atmosphere. � 4. If the City installs a neon "open" sign, the Contractor staff shall tum the sign on at 9:00 a.m. each day the site is open and off no earlier than 5:00 p.m. each day the site is open. 5. The Contractor staff shall open the gate to the site no later than 9:00 a.m. and close the gate to the site no earlier than 5:00 p.m. the days the site is open. C. IV1l�NAGEMENT PROCEDURES- The Contractor shal! be responsible for all management of the leased premises including, but not limited to: maintena�ce of property and equipment, utility payments, licensing fees, customer inquiries, redemption rates, collection, transportation, and the sale of materials. D. CUSTOMER SERVICE PROCEDURES: The Contractor and its staff � responsible for the daily operating of the recycling center shall meet quarterly with City staff to review contractor performance and to discuss customer service expectations. This staff person shati also participate in quarterly customer service training provided by the City. E. PROMOTIONAL PROCEDURES� The Contractor shall use available media whenever economically feasible for the promotion of the recycling center and for public education regarding the value of using the site. Such media may include: newspaper, television, flyer distribution, bulletin boards, and presentation to locai organizations. F. ACCOUNTING PROCEDURES: The Contractor shall provide estimates of tonnage for each recycled material hauled from the leased premises. These estimates will be based on standard industry practices. This does not include yard waste. The Contractor shall provide the City with 6.�7 .;� _ ; � : �. , ..; . � , ,. �Recycle Minnesota Resources Lease Ag�ee June 1, =1996 - December 3't;� f 99�"��s Y:;: . �� -�� vPage 3 __ _: `G. H. 11@ f _ .:.�.. -�„_ �� .r..�a',�.�:..+FSh yi. .a �5R �*- ,�;» �. !Y#�MdM quarterly tonnage reports of ail material recycled. The Contractor wili inform the City immediately of ali changes in redemption rates for materials purchased at the recycling center. MAINTENANCE OF GROUNDS: The Contractor shali be responsibte fc�r` =� � the clean-up of the grounds to keep the said premises in a neat, presentable order, free from litter, unconfained recyclables, and any other material that may constitute a hazard, such as broken or damaged materiaL This excludes the yarc� waste site and titter associated with yaird waste activities. SIGNAGE: The Contractor shall remove all cardboa�d signage on the exterior of the building. III. SERVICES TO BE PROVIDED BY THE CITY• The City hereby agrees to furnish for the term of this agreement and as part of consideration for this agreement the following: A. PROPERTY IMPROVEMENTS: The City shall install sewer and water to the building no later than August 1, 1996. B. SIGNAGE: The City shall explore the feasibility of installing a neon sign at the main entry door--the purpose of this sign wi11 be to indicate that fhe site is open. C. MAINTENANCE OPERATIONS: The City shall maintain the site in the following manner: 1. Provide snow removal on 71 st Avenue N. E. and through the site if the gates are open and the site is accessible. D. PROMOTION: The City shall provide limited advertising and promotion for the 4eased premises for public education regarding the value of usi�g the site. This would include distribution of flyers and advertising in the City's quarterly newsletter. IV. RULES AND REGULATIONS: The City agrees to enforce all rules and regulations in accordance with the City's ordinances. All conduct on premises will be subject to the rules, regulations, and ordinances of the City. The Contractor may refuse service to a customer if, in its judgment, such action is warranted. The Contractor, if it has refused services to a customer, will notify the City of such event as soon as possible after the event has occurred. The City wi(I supply the needed personnel to enforce said rules, regulations, and ordinances, as needed. . 1 : 3 � �" "` 1''d •G' 4 _ _ --�� . �,,.4� ¢ , - `�,�'^ _ '�.�.,�.�� -^ :. � , : , V. IN�EMNIFICATION: The Contractor shail indemnify and hold ha�-miess the City��'�'' �'��r" �� ' its employees and agents, for all ciaims, damages, losses, and expenses ,�°�` �-�-�°u ��_ � , ,_ including, but not limited to, attomey's fees, which they may suffer or fo� which . � - they may be held liable, as a result of. �egligence or fraud of the Contractar; its �� y �� . �, _�.,�.,- �employees, or subcontcac:tors in the performanoe o€ t[�is tease Agreemer�.��t �� =� <�� VI. INSURANCE: The Contractor shaU provide to the City evidence of the following insurance: V!1 2. Comprehensive general liability ins�rance against liability imposed by law for bodily injury or death in the amount of $250,000 for any one person and i� the sum of $500,000 for two or more persons for the same occurrence and for damages to property in the sum of $100,000. The City shall be named insured on said policy. Workers' compensation and employers' liability �insurance as required by law. 3. Vehicle liability and property damage insura�ce, including coverage for non-ov�ined or hired vehicles, in limits as for comprehensive general liability coverage. POLICE AND FIRE PROTECTION: The City shall provide police and frre protection to the site. VIII. TERMINATION OF LEASE: This lease can be terminated for cause by either party in the event of default by the other party, if the default is not cured within 60 days of the receipt of notice of default, the contract shal! be terminated. Notice of default is to be mailed to the other party by registered mail. In all other cases, the Lease Agreement can be terminated upon 180-day writte� notice. Termination will deem the lease null and void. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. CtTY OF FRIDLEY By William J. Nee, Mayor By William W. Burns, City Manager RECYCLE MINNESOTA RESOURCES, INC. By Peggy Wander, �ce President 6.09 :�, ,,: � .. . . ., . . , = w _ . .. : �r�. .:. .. .. . . : �. � � � r . �."�� r;'= .x� • " a` :� ti `�;� : "2- °�'""�'�� 4� fi � .. � �� a, � __ ,. , .. , . u. ..::. , . . . . , q� • � dY� ., . �"��Y � �� - . ,�; _}�,,��'.�`�:� <;� s MEMOI�;AND�JrM � � �; �� '� . D�VELOPIVI�NT DIRECTQR�� ,_.� _ :. F .� �� DATE: May 16, 1996 � __ ___ � TO: FROM: SUBJECT: �Iliam Bums. City Manager � �1� Barbara Dacy, Community Development Director Vacation of an Easement in the Southwest Quadrant Project Area, �� SAV #95-02 � At the closing with Rottlund Homes, Inc., it was determined that an easement had not been vacated as part of the recent ordinance approved on April 22, 1996. The easement was recorded after 64 1/2 Avenue was vacated in 1964. A 30' x 220' utility easement exists over the south half of the vacated right-of-way. This easement did not appear on the early surveys which were used as the basis for the recent vacation ordinance. The surveyors did not have the benefit of the title commitment when the vacation process was initiated with the rezoning process in February of 1995. The easement is in the title commitment; however, it was overlooked for inclusion in the vacation ordinance since it was based on the original survey. Because the easement is part of the original vacation request, Planning Commission review of this item is not required. Because the Charter requires an ordinance to vacate an easement, and because the recent ordinance was flnalized on April 22, 1996, a new public hearing and an ordinance needs to be completed (the City Attomey concurs with the proposed process). This issue witl not delay the construction work. RECOMMENDATION Staff recommends the City Council establish June 10, i996 as the date of the public hearing to vacate a 30' x 220' easement located approximately southwest of the former location of the frontage road and on the south half of the vacated 64 1/2 Avenue right-of-way. I apologize for the inconvenience to the City �Council. BD/dw M-ss-�s 7.01 v.. , ��. , � .3*..� �.».�`i�P. �..:+. � -�y kf':s+ x .r �,1.x iGr.� �s`lif x�.v.in,..:: "4e �'. ,� � ,x �� ° � ' -.y.tr� :_. .+ ..�.�. .. � � ._.�. �� -� ..»sk ' a,.ai�,.�a.....i uM� n s ..«w;. �. �. y�.a= ;r.. ...� a �� .r...t.� ._ .. . , , . �:.. �,. �,.,..e.»: , m.,n. s�n3�t�'r�ai+r .� :°��rx, . . r. , . ,��.: i„�...;- .n �.. r�:.''�'�%, _. - ,�? _ ,2 s"'��x �ra��'�. � "� ..;! _. �r.. ,_ s. ,_ �' . _.N .-` ` - - v' �� , at� ,. x:�^�`^__ . ,� _ - �. �a _ . . �� . � i - � . ,. ' � _ _ ..` ` , . ti �r+ n � � . .� ,. 't .. . . - . .. jr+... . , '. � �- . -- ,�, . - ��. . . .;�. .. . . . . . . _ ,., . . tr ... . .. � . * ' _ � �.. �o��` ` . ' _ '` � ��• -�� !�`S 00°23'20" W �-_ _ _ 33._O0 = ST. � UTIL. � ERSEMENT � E ' ooc. No. 4►2952 � �j' ��' a a�s'; . r � Q'� 1 5 5. 2 2 .:.. �� xk :. � .�;.� £ ��. N 8 9° 4 6` 0 0" W �� `"�� "`�G . ' � v. x,, , ,y y.� s 't 3� �1R "�'8�4 r1.r _ _ _ 1555 _ / I .. ,vs ''• ' ly ti 33' ROAD EASEMENT , '�'/ � DOClJMENT NO. i82060 � o - � � '� Q _ � , o o �o � �o � STREE7 d UTILI7Y ESM'T, g °p.' � � ' ' � S7REET —�r � � �-� � DOCL�NENT N0. 363225 EASEMENT e � „ o L-Z � _ p "� s � _QpCUMENT ,, _. — N0.9696?5—� IN HlGHVnY EASEMENT DOC. N0.71 ( 9 �� Q � • V .uri � � � N S�•46'00' W � 180.�? - �-� �'" r -. ;µ -". P A R C E I� " ~ ° ' � .� �� ` `� �o�r � f = PARCEL � `'. � � x�� =t BLOCK ► �W W „ a0..� �' �(( ,�..� s< = Z � . �"i : W��.wi .~r �i,.''�-' I ' SYL VAN t n� >_o _ � � � W--. E. 75. t ' HI LLS '� W� j � lo� �. p..�-.. �- ,;� L.3 PLAT i <� a �y ,' '"'� ' `' .M ee; ( PLAT 5 �� 4w : }�' �: � "� ��: � � 5 � � �� o . :I 0 � .:,�. �::. ��_�. � CIf� GARALLQ VITM NORTH LINE. Q�� / � l— MI �� OF TFE SV �i� ��'. _ rp r'M`sh �+ �' . . � - c• se•n•10- — lSSs � ` � a• �o 00 _ �G I ��PE. PARCEL N0. t 90. 00 ��OF L/NE � �;j/LjN CHV7ERLiNE . . ( VACATED � x 8a•a 'oo' 1v ;.;,-__ . - CENTERL r rvE s 4 �� 2 A vEnrvE —Z � - � 0 __ � � � i--' .•VA AT 64 I i1 AVE. O A M/vT OVER S� 2 OF C_ ED UTlLlTY E SE E -•---••------•-•--------- DUCUMENr rv0. 27 r 7o t „.,o `�' 00 , �y ( 1 � 1 � � � -I 1 IPTION LINE �BOOK 905 PARCEL 2 � � ' n• ee•zrJO � z a• .o.00 - � L• 8i. 2 0-YS ; EASEMENT TD BE VACATED _--- I L 0 T 1 8 L O C K .S Y .,; � .V A N � �� . E-N -� �. L; S _ p L �� T 7.0? � I 1 � . .i _�..i � 0 0 � Z � W � � w 0 e G � w ...: � ► � � '� 1 � � w O � � I . �- �-, _ � o'_ - •x �r v, `d� � W > � Z � � J � � -___ _ _ �. 3/9f SURVEY ', �i � � � c� � H w H � H � , � J I _ n I `. , �; �; .1�:; :, .. :,: ...._� " iIve._.`�s'-y��, c p' s}��"�°_ . .4 2" -' �: �i,�l�lr-�s �.r ' i �. �-#t` ,,, , �: � � � -.51�, '�-�'"e * .. �� +� .. �,�}� ��a�?s'� �� ,'n�av":� 5.',�«'�r�.,��'a� , �.i— -' �, . „ti �` ..:^� ��1`;. .�.,,.� �4T� �n _ _° �.,, .. �.. _ ._ .... — - - � . .., :. ..� ;., , �" � � t;��; ' ,. ,.:: _ � �y _ s , { ,� �, . , .. c_ , , • _. _ ..,.a . . . _ ..�. ' �.....- . { F..^r � . . �,! '�t+-�-� _ . .. . � . .:. :. ., �.,, : .. . . �� -� _.. . _� _ v._ i -�.�. . ..... . . . .. . . O ..- y.. . . . " . �i �: . ..: � i fh ,.. ,u, ^�.y-.. , . . . . � . . . . . . 0 �. . .. � . . - i'9%..^. . � . . . . . . . V .. . . � . : .. . . . � . � � " . . . . . • o I O' � i' i' "� : a� o _ ,_ , _ aa �' � .OZ.Si.OQ H o ; ;� . ._ �: . . . . ;-: .. t., ov - se '� � . ,4;:�:: Q.. v a .�: _ `; --.� ,k., - �� .�. ._... . r _ _ _. _:: - �: „_ _ __�. .. , _ . .. � . . __ _ . � _ _ ! _ _ _ _ __ � � I � N z � ". � �' I � -- a > N I � I I . � . I . I ry .' 4 � • . \ � � � a � � � L^ `� � I I hY<N I I r— `—i _� 1 � CJ�J� � �—O�J< + 0��--J , o �my=ah o �. _� -- 1 � _� W � . . :..._� � J �. -- -- - � � �— ---� � -_ - - (i� � � � W � - I � I � �� W3�u � '^ " � I � I WW�w �� ~ . u�'i W � � � < I ` I og W �ma ri � � �- — — — — L — —� — — — — — — — — 'W I' �Iw W. zlxl � � � = I �, I �, � � v� � - o _ I I q � h � O F- � � �� J �/1 � � �% 1 ` 7 I I i Y � � . , I W � . �) -> _ I � ' �n J i � � I I� F- L,1 _� _J Q � � � - . � I�I �., , > _ � � � � _1 � � � � �, I Q" � a -_ i - IaI ` 1995 SURVEY ' � � � ~ � 7.03.. � -�� - _ ,�.. � �:�:: {�,: .. . S{� .�� n . . . .. . . � . ... .. _ _ � � �'g. �� * �tf . . . . - Y +'. �� y�� MEMOl�;AN1�IJnVI :�:.� _ �� - � � 4�� .:.� . � :: ._ , � ._,_ _�_. : - • - ;�<. ,._ < � � : DE`�ELOPMENT DIR�CTOR�",� � ' .�= : � � - � n _ . � -�--_: . =,�� °�� : �r�� = _. �. � A - K � .�t- --�. �•�4 � "� � x �: � _.sK- - — . .x�= -€� �� - i ; DATE: May t 6, 1996 TO: wiliam Bums, City Manager ��'!�" FROM: Barbara Dacy, Community Development Director John Flora, Pubiic Works Director SUBJECT: Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: 1996 Street Improvement Project No. ST 96-4 The plans for the Mississippi Street and 3rd Street reconstruction project have been submitted to the City, County, and State for review. The purpose of the attached resolution is to receive the plans and specifications and to order the advertisement on the project. The bids on the project will be opened on Thursday, June 20, 1996. The bid award is tentatively scheduled for the June 24, 1996 City Council agenda. RECOMME�IDATION Staff recommends that the City Cou►icil approve the attaehed resolution as presented. BD/dw M-9&234 � �.� � 0 . � � , !� � "5 .� � . —n �."'� �e � ' �� ' :. � �A "�'�:` 1s Si h��6nia� hn �� ;'� .. , . .w' � . r. a . , � �� . .. � ' � E t �;. e-- . ._ .::c�� . ... � . .. _ ' __ . � iw .,� . _... � �..., ..' _ ti _, «.--_.-. _ , x�� . ^� i '� _ _X. ��Y' ,.` ,. xs '!✓.'� ' . .a . - . . ,.. . _ _ _ ;i. . AF .�- � •� ;u ,� , _ - ., r . � �. a ` : ,�x,. . '..��,s..; !l � iur�.3 . C ' � -F�- �i y� -� �: - - � � �` �- I�B9t�� ?. - ---.. ].996 �` � .�� . { � -.�-�-�^ � - , _ _ �-� _. . _ . � . _ _ :: __ _ . _ -_ ... . � - - _ ,. ., -� � .� � ,�;. ,�. ,�. � . _ _ ., . ._., �. . ,.. .. _ �� RE80I�T1'IQ� �C�LVII� �'II�AL PZ�iZB 11tD A1�D 0[�� _: _.�- ��r�. � Bm6: 1996 BTRBB'P ' P Pi�►T�GT �A. .Sl'. 96 �- � ., o,:�-.� : _ , ,,:��.� . -•r _ . . �}� ` 1�8, Ft�esoltttian No. 22 - 1996 ar�dered the P��YY Plans► �ecificaticr�s aT�d ht� ; estimates of the oosts thexeof for the impsw�aents in this p�oject, ar�i ��::._. _._ .<. f� : 1�8; Re^.�olutian No. 23 - 1996 reoeiveci the P�'etimir�a�Y e�clir�eerir�g ,. report a�d�- �;:�. ta�aived the public 2�earir�q far the in this project, anc1 1�iB, Resolutian No. 25 - 1996 orc�ered final plans ar�d estimat�es of oosts far this P�7�• ` NOW, TI�RSP+O�, B� IT RE80LVED �T, the City Camcil of th�e City of Fridley, Anal� C7aintY. Minnesata, as follcyws: l. Zt�at the folla�rin� ]lq��vvel[�ents p�vpoE',ed by ao�mcil R�solutio�i No. 22 - 1996 at�e hereby o�d�eY+ed to be effectsd and oompl�t:ed as sooaz as reasan�bly possible, to- wit: Street imp�v�ts iricludi.rycl 9rading� stabilized base, ho�t�ix bi�s mat, oo[�t�t� Gurb c�17d g�tter', St:onD sewer systeon, water Slld satl.itary se�er servioes, laridscapirig, arxi ather facilities located as follows: _� Mississippi Street at�d ThiYd Strcet Intersectio� =�+4;+�� v�'r;��syi:�,r *;! �s!� �! 2. The plans arr3 snecifications prepared by the Public Works Dep�rt�me.nt for sur�i it�rove�ents ar�d each of tl�n pursvant to the Cb�uici.l i�+esolutions heretofore adapted, a cx7py of which plans ar�d specificatio��s are i�er�tA attached and macie a part th�reof, are hereby approved ar�d shall be filed with City Clerk. The Public Works Director shall aocorrlir�gly prep�re ar�d cause to be inserted in the official n�aspapPx for bids upon the making of such improve�reiYts undex such app�wed plans ar�d specificatic�s. �e shal.l be publi.st�ed for three (3) wa�Js (at least 21 daYs) � arid shall sPecifY the w�ork to be do�e and wi.11 state tt�e bids will be c�x�ed ar�d consiclered in the Ccxu�cil (i�ambers of the FYidley l�.inicipal Center ar�d that no bids will be �onsidered unless sealed ar�d filed with the Public Works Direc�r ar�d aaoampanied by a c�sh depoGit, bid bo�d, or vertified c�eck payable to the City for five pe�t (5�) of the ama�uit of swch bid. 'It�at the advextise�oe.rYt for bids for a't�P Il�VH�NTr PAOJi�CT I�A. �. 96 - 4 shall be substantially in ttbe standard fona. _ :i:�. �. - .• • :�. �:�: ..� •• �� .ir •�- �:�- « •�� • �s �:■ : .�• •,- �.r T�r J. N� - NAYC�2 " AZ7.'FST: a:2 WILL►IAM A. C��A - CITY Qa2K 8.02 MAY-16-1996 11�55 , r_: ., , 1 `,• 1 ._ .,,,.�.;:�...�. • . .' � HRW � .''�"� tt• ywr sa��af an■aw. au�saw�r� 612 370 13?8 P.02i02 .........�...s—...,��••�. �° , _ . , ; . ...... . � �.....r.r.......�� ; . .. ,. �-.. � ,.—. _. , . ,, . . T.v -;r��s�,;"� # F,,.:: p � �' :`°" """". � 7iry� � _� � � � ia► twN flttl� �. .. � -, ;`�`"" � �nrawv at�s�awt�• -, � �,_ � - � M "'� ? - � �`. _ .' ' � ` t = v �`,`,� � � � ( , � 8.03 � --:.�--� � 3 ! � 1,i ,! � a a � N N N � �� , r •� � A MCI Y: +'wu Si.�: lOr ti0 •J:7iflfY�as�'d•» ��C'.'<nM�i J'�r ±vN TOTAL P.02 € "` �c e, �. r � s s� ` .��: v�u's = %.-�r��° : x � � ' � � ' � � . .�. �,�.t. ,*.,�,.V ' .� �, � :.x �,� ...■:�� :...�, ..��,$ � � ..�.}„ ` ' � ,� z� � r ��' � � � �+�; R � . s ; � .� � � �"� '.u. ..v =� t5..a�'. 4+'�-+Ct��Yi4o��° s3+f T:�1!` -#�h+� �.*x-��E h"A c�6 .s,s s' +_ . a . . .. . '. .�' 3` : ;�.a '.'G �` , . x -c '.;t, � ,_ � . ��.m , � _.:- _. __��, ,�c,�.:�� _w . ---� . _ _ _ � _ _. . � . . .:: . . , � -.� ,_ . , � �.,, „_� . . . , .' �,. - ,.. . �.�.`- `: : - ': . _ City of Fridley ,� F -_:,- - �t1��1�t�1� ��T��T� ... . -._-. _ TO: � William W. Burns, City Manaqer �� II FROM: John G. Flora, �lic Works Director DATE: May 20� 1996 '� SUBJECT: Alden Way Impravement Project PW96-107. With the three petitions we received plus the verbal support of the project at:the Council meeting of May 6, 1996, we have received 29 signatures in support of the Alden Way improvement project, or S2% of the affected properties. The attached resolution calls for the final plans and specifications for the design of the Alden Way improvement. This resolution, in conjunction with the resolution presented to the Council at the May 6 meeting for the ??th Way improvement project, would allow both projects to proceed to advertisement. Recommend the City Council adopt the attached resolution for the incorporation of Alden Way improvement in the ST. 1996 - 2 Street Improvement Project. JGF:cz Attachment 9.01 i . .�_. _ . ;_ � .. , = :. _.� , . �_ � , ,� _ , , ; ._ ....,� x.�. _ � ., _, _:: . , �r � . Ii�90I�T1'Z�1 �D.'� - 1996 -� � - -��_ ` RE80I�i'IaN �II� FII+Il�1L PT�i1�B A1�D �BTII�iTS6 0�' bOBTB T�OP': 1996 �l'RSB'P Il�Vffi�?�' PAOJ�L`l' 1�U. �i'. 1996 - lir2 . �i8, Resolution No. 9- 1996 ordered the prel�minaYy plans, s�ecificati�s ar�d estimates of tiY��ee vosts th�ereof for the inQmvvea�ents in this project, and _ , �i8, Resolutiori No. 11 - 1996 reoeived ttie prel.�mina�.Y repoYt at�d c�13.ed fa� a public hearing oa� the matter of imp�rr�ve�ments for this project, and �i8, a� public h�earir�g was ibeld o� Mar� 18, 1996 ��g this project, ar�d �RSAS, Petitiori No's 2- 1996, 7- 1996 ar�d 8- 1996 w�ere x�eceived requestir�g the street cn the petiiti� be added to th�e City's 1996 street rec�anstn�ction PrograaQi. ar�d �48, tl�e City Oo�cil has d�et.ermined a r�eed to reoo�stru�c.�t ti�e stYnet to maintain it in a safe c��ditioai arid at a rea��anable oost, ar�d �AS, the imprc�v�erit is to be neoessaYy, cost effective ar�d feasible. I+1011, T�REFO�, H� 1'P RB80i,V� �iT, the City C)auicil of the City of FYidley, Anoka Cb�anty, Mir�nesata, as follows: 1. 2. 'II1at the following iaQ�vv�a�ts pmq�osed by Uour�cil F�esolution 9- 1996 are hereby orde.red to be effectsd and cc�leted as soon as reasonably pos.sible, to wit: Street in�rov�ments incl� grading, stabilized base, hat�n.i.x bittuninaus mat, ConCrete Gtlrb dl�d gtltter', StOriII s�.;a�ex Systezn, Wdter' alld SeWp.r' Ser'ViOes, lar�dscapir�g, arri o�ther facilities. Z��at the follc�wil�g stt�e�t be irioozpo�ated in th�e 1996 street it�rave�ment pr+ojects as ST. 1996 - 2: • Alclen Way Osborne Way north to 79th Way 3. That the work to be performad under this project may be perfonoed under one or more oorYtracts as may be dee�ed advisable upcm receipt of bids. 4. �Ilzat the Public Works Director, John G. Flora, City Hall, Fridley, MinneSOta, i.s her�by desicg3ated as the Engineer for this in�rav�ment. i�e shall pregare f;�i plans and specificatians for the mak.ing of such iag�rava�nts. : :i:i� I� • � • • ;�� :1" M •�'ll N� •1' �:I' M • ' • �� :� � 1 Y: � • • ' /• AZ'I'ES'T: r� � r i•• N « a� •� WII�SAM J. NEE — 1�1YOR �� . i�:�w.. # �... ��?� ' . t . � _ W.�:r.� .. ... - u._�- -. . . .... . -e w.... a ...>fak.. . . � . .. .. . . . . ..�f.l �ea�1•' ^%„q i�"-�: �� -.�s:-�ci - :"�'i�y rh - . .� _.'3F . . "{� t�. � . .. .YJ" . . . . � � . , ,'. . : v s, ; .. .. ._�_.. . _ _ . i_ , � . � . .. .. _. � . �i . ' � City of Fridley = �' 1 : �. '.- , ,. :.. ,. . tt e.. , , _ . - -- ..r -*- - . _ _ - r - .__ ... . -:_ ._ . .. � ,, � . .,� . -. -. : , . . , : . _ ,, � - '� -- — _ _ ._ :_.---. .,, � � . �� ._ ;:. _. _ _ _ _ . . - is � �� `V � i • TO: William W. Bums, City Manager �� PW96-108 �l � FROM: John G. F1ora�Public Works Director DATE: May 20, 1996 SUBJECT: 1996 Street Improvement Project The attached resolution authorizes the advertisement for bids for the =1996 Street Improvement Projects. These projects include overlay of streets identified in the progYam and the reconstruction of ??th Way and Alden Way. Recommend the City Council adopt the attached resolution for the advertisement of bids for the 1996 Street Improvement Project No. ST. 1996 - 1&2. JGF:cz Attachments 10.01 � � � _ �:��,«...5��.,«., .. � " �2^'."4�..t�..� �°•` _"� �^wn "� a A ��'es�t IY �� -.: .""�,�tr�� .� ��,.��''�� r^ � � k� x1� � , e . �: !s-+.L ',c ., ,�3 . �, ,: `��, t� u P� �' "R ,. _ , � � a * � . .. r �� .ta«:x�s �� s �� 6>: �. : - � �--.,.a.,..::,s.. � �-a m..,;. .,.. � r�.. -y__ ..,,,,. --it_:x. �zure �vS:.�i ,_ _.. __:.:_ �.�..�.o..::. , �...-,... .. _:__ . _. ..._.... ,. .. . _.�� _.. .. _,._ .,�� . ._.. _ _ _ ,.. , . ...., . . ..�.. ..:. . . . :._ _e.t , :..s v � ^9.v . . . . . .,.. ., ... �.�.�.. �. . . . .'�. . . . . . .. .. . ._ . .�,. ' �.. ... . �.� ♦ . ��.' . , ,;�:: - �� ..�.. . �ir�rraei �c�vna� sn�L �tat�ts �r� s�=:a�at�s : �n' � .�.� �s.. - Y .�. . . � FOIt BmBs 1996 ST�7.' PAOJI�Cl' I�7. 8T. 1996 '��- ��"�� . ' 1&2 �`�£F �i8, R�esolutioal No. 9- 1996 ordered the P�-�Y P�. �ificatians and =�.'- - estimates��of the oosts tibereof for the imp�ove�ents in this p�c>ject, arjd - �-�� k�_,=_ � _ . . . , ,: _�m_....� _ _ � . _ : � .� ,.�--� _ . . _ . :. ,. . ._� .�_.;..� r�.. .�__ . _ �B, Resolutiocl No. 11 - 1996 reoeived the P�elia�T''"' j' erz3ir�erir�g re�rt ar�d set : a public i�earirig far the impo:vv�nts in this project, anl 1�iB, a�public hearir�g was held oaz Marc� 18, 1996 regarding this pmoject, ar�d �ie, Resoluticn No. - 1996 bnlerad final. plans ar�d estiaiates of oosts for this P'�'o7�. 1+�711, R�+O�, B8 ZT I�80LV� �iT, the City C7a�ci1 of the City of Fridley, Anoka (7auity, Mirn�esota, as follvws: l. D�at t2�e follawiux,� iu�ave�ments prq�osed by Oauicil R�esolutiaaz No. 9- 1996 are hereby a�3ered to be effectsd air3 c�anpleted as soo� as reasonably �os.sible, to- wit: . Straet inp� irrludir�4 gradir�g, stabilized base, hot�aix bitwm.inous mat, v�te c�rb ar�d guttex, stozm sewer systan, water aryd sanitary secaer servioes, lar�lscapir�g, and �r facilities located as follvws: !_� �1 �'1 Y�� J -- " � N Hic�hway No. 65 73� Avexna�e 67th Averiue Ashton Avemie Oakley Street =� y �,.. : .,�=i_�_n_ -�� Alclen Way 77th Way _ r•�:�: East Service R�oad to 73rc1 Averna� West of cul-de-s�c off Pine Ttee I.�ne to 72r�d Avemle Broakvie�w thr� cul-de-sac 193 feet north of Ely Street to Iznnton Street 550 feet north to 600 feet north osborne Way north to 79th Way East River' �o�d east to Burlington Noitherri RR Tt�cJts P1:0►7EGT AD. ST. 1996 - 1&Z 2. The plans ar�d specificatior� prepared by the Public Works Department for such iag��+ave�nents and each of thent purs�tiarrt to the Cau�cil resolutiarLS h�eretofore a�dvpted, a c;apy of which plans and specifications are her�tro attached and made a gart thereof, are hereby approved arri shall be filed with City Clerk. The Public Works Director shall acoordin91Y Prepare ar�d cause to be inse,rt.�.�d in th�e offici,al r�a�e�per for bids upon the making of such it�ravemerYts under sua� a�p�OVed plans arxi specificatiazs. Zne sha].l be published for three (3) weeks (at least 21 days) , ar�d st�all specify the work to be d,oa�e ar�d will state the bids will be ope.ned ar�d vo�siclered in the Camcil Ch�n�bers of the FYidley NAuzicipal Cent�r arid that no bids will be or�nsidered unless sealed arxl filed with the Public 10.02 ,:. ,� : .' 1 . . . � . . ...�:._... . 4. . . . a. .3. '�:A M1l.'4 '� 't'F_" � FY ' E w'.� ! Y. � . . _ _ . ,..�i ^_ -.... �. ^_ �., � . t� ;t:�.S��a�-;� sV3��,Yw's��. .....:, ,, n_ ..- .._s. � a_. �_ _,y'j�.f'4'.._ " .. �, � � � ` : e'" . ..� 'r...v:... fi�,�i(� �'�"i 'T''l .:� _ — � .. _ . . _ ... . . . •--...��.n �` >�, z.. ; ? 'y?, . _ �� _ . . . , . . �.'. ��. i . . . . . . War'ks Di�ct:o� and aooc�opanied by a cash d�eposit, bid bo�x1, or certified c�er.k payable _ to the City for five peroent (5$) of the anno�uYt of siich �id. �at th�e ' fc�r bids f� 8�T I�!�'AOVt�� PAO�T�(.T ZA. BT.. 1996 - liZ stsall be . .' - tt�e stat�d'ard farm. _ _ . ;. �. : __.. .,_- �-_ , , � . :: - ._ �.:�.. .�s ��,� y � _. _ - -- .�- r , - : : .: _ . .. , . __ . .____ � _ . .�: . PASB� A1�ID ADOii'� HY T� QTY C�[A�TL �'t'� CxTY 0�' FRID�LSY TiQH 2C7S �Y �' l�Y, y. 1996. ',y . ; ._ WrraTwrr J. NEE - I�YC�t ATI'E'�r: � WILLIAM A. Ci�A - QTY Q�2K 10.03 0 � i , r L�t�` .. . . . . . .. . . . . St`4:�.. ....., e .. wv e . '�. ;_i s. ., e ` ,;:. �.�»..._'_ _ ::.;:. _ . ...,s. � � __ i.:�;._ �.:::-1�IV 1lVL' -1 V-DIIJLL• iW W_ . � i.;. __ �.4 � - ��.g.�s�� , �:,�g� ,•,?,,:�� :r��'T' ? - _ - . _. ^� ___ , . .. ; ri,. .«»� _... . _ . _ _ , . � •-, ; � STREET IlVIPROVEMENT PROJECT NO. ST. 1996 - 10 SEALCOAT) � Y, '�.��` � ( .�v. .. Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at - the office of the Public Works Director of the City of Fridley, 6431 University Avenue, N.E., FridIey, ' Minnesota,-�5432, (Tel. 57i-3450) oa the Friday, May 31, ].996, at 11:00 a.m. for the furni�,hing af ��< , -- work and •`ma.terisls for the following work for the City of Fridleg STREET IMPAQZ�I� �`�� .�. °:� °° PROJECT NO. ST. 1996 - IO (SEALCOAI�. "� �'� � t �'he surface treatment project consists of sealcoating about 357,056 square yards of streets in different �arts of the `City of Fridley and consists of the following principal items of work and approximate quantities: 357,056 Square Yards 357,056 Square Yards 357,056 Square Yards 52 Each Sweep before Sealcoat Application Sealcoat with Spe�ed Aggregate Sweep after Sealcoat Application Loose Rock Signs All in aocordance with plans and specifications prepaxed by John G. Flora, P.E., Public Works Director, �idley City Hall, 6431 University Avenue N.E., Fridley, MN, 55432 (Tel. 571-3450). � Plans and spec�fications may be examined at the office of the Public Works Director and copies may be obtain.ed for the Contractor's individual use by applying to the Public Works Director. Bids must be made on the basis of cash pa.yment for work, and accompanied by a cash deposit, cert�ed check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the Ciiy of Fridley, Minnesota, in an amount of not less than five percent (5%) of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. DATED THIS 6TH DAY OF MAY 1996. Published: � . t Fridl�y Focus May 9, 1996 May 16, 1996 May 23, 1996 John G. Fiora, P.E. PUBLIC WORKS DIRECTOR Construction Bulletin May 10, ls9s May 17, 1996 May 24, 1996 10.04 1 I `- G. --� NOTICE TO BIDDERS STR�;ET IMPROVEMENT PROJECT NO. ST. 1996 - 1&2 .[ � �+ Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Public Works Director, 6431 University Avenue N.E., Fridley, Minnesota 55432 (Tel. 571-3450) on the Wednesday, the 19th day of June, 1996, at 10:00 A.M. 4,500 2,500 3,600 7,300 6,000 600 920 180 Cubic Yards Cubic Yards Tons Lineal Feet Sq. Yd. Lineal Feet Linear Feet Lineal Feet Common Excavation Aggregate Base (Class � (Compacted Volume) Asphalt . B-618 Concrete Curb and Gutter Sod 12 inch PVC Sanitary Sewer 8 inch DIP Watermain Jack 24 inch Steel Casing All in aecordance with plans and specif'ications prepared by John G. Flora, P.E., Public Works Director, Fridley City Hall, 6431 University Avenue, N.E., Fridley, MN, 55432 (Tel. �71-3450). Plans and specif"ications may be examined at the office of the Public Works Director and copies may be obtained for the Contractor's individual use by applying to the Public Works Director and depositing with the Public Works Director $50.00 for each set. The deposit will be refunded to each bidder submitting a bona fide bid upon return of the documents in good condition within ten (10) days from the bid opening date. . I4 '.:� •$ids: must be made on the basis of cash payment for work,: and accompanied by;a cash deposit, certiiied = check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of �idley, Minnesota, in an amount of not less than iive (5%} per cent of the total amount of the bid. The City Council reserves the ri�ht to reject any and all bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of sixty (60) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 20th day of May, 1996. John G. Flora, P.E. PUBLIC WOftKS DIRECTOft Published: Fridlev Focus Construction Bulletin May 30, 1996 May 31, 1996 June 6, 1996 June 7, 1996 June 13, 1996 June 14, 1996 :: � . , ,. , A , � i. 1 rt.:�...�v � . . , � _ ,� - - ..... . - - . - `� i n.,,t+ �-.. -a _ .�'� - - - �x . � .... - �n. .� �_ r _ ... _. � :a . . . ; •' � � . . : - , . . ;� „ � ;- .. .y.., ,_ , � . . . � ' . :. :.- ,,:_ . � ..- . �.�... .� � �. �....s. x. : � . . .. «.: _ '. .. . . . � e " ' . . _ _ " . . .. . .. . . . . . .�.�...`!> > 9"..'.� . . . .. ,: . .; . � . . . . . . . . . . . .. . � . � . � • � ..0�.: � . . � . ��. %r':. , p:. t O 1 ' i �-" �:sL._ • , ; � AiinrM f �_ ` ..• , : � ,.-_ .� S j . � w �.. .�.�r = � � � 1 { _ _. f . :, �� T r# ��r:;. . . . . � � M _�� .' ,�� . . . /� • . �j' � � ... N _ ? 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Burns � �`" City Manager � FR: Jack Kirk •� �/ Director • : � � � � ' � ��1 � _ � J�' ►�� . ' ' � J_ _ __. . , The City of Fridley has requested bids for playground equipment to be installed at six of the neighborhood pazks in 1996. The park locations are Jay Pazk, Logan Park, Harris Lake Park, Terrace Park, Summit Square Park and Springbrook Park. The bid specifications called for each of the companies to design a playground package including installation at each one of these sites for a set dollaz amount They were asked to design playground equipment packages that included a structure for 2-5 yeaz old and separate structure for 5-12 year olds. All proposals aze expected to meet requirements set forth in the Americans with Disabilities Act and to meet guidelines as published by the United States Consumer Products Safety Commission. The projects and the dollar amounts available for materials and installation aze listed below: PROJECT NO. 296a. 296b. 296c. 296d. 296e. 296f. PARK LOCATION Logan Pazk Hazris Lake Park Jay Park Springbrook Park Summit Square Park Terrace Park AMOUNT $15,400 $25,000 $25,000 $25,000 $30,000 $30,000 The funds aze budgeted in the 5 Yeaz Pazks Capital Improvement Program for 1996 under Playground Equipment Upgrades. The original bids were opened on Tuesday, April 30, 1996 at 2:00 p.m. There were three companies submitting bid packages for the various playground projects. Because of an irregularity in the bid specifications, we have revised the bid specifications slightly and asked the vendors to modify their bid packages. The modified bids will be opened on Monday, May 20, 1996 at 10:00 a.m. 11.01 . �, ,;. t � �� .,,> � , . . : i'iS...0 af: . . � . , ,.� ... _ .— . _. � , . }�.,:� . .. :'rt _.._� . _.. +�i�. � -tt` . �..... :��....� � �'�aa�N��k ' ,� p�e � < �; �� .� ;,:. _ .. . � � . �:.�. . ' ,. � s�. . . . .._ .. _ z ; r.,_ ., , � . _ _; _ ., � :> � -. _ : We have had neighborhood input into the type of �quipment to be installed at each park. Staff has reviewed '� _ �e 1�� g ��bY_ ��I�ent providers. Staff is conducting a best value ana��sis of the .: _.� equipmentto include evahiation o€its quality, durability, safety, play experience pmvided,_and aestheiic .--.: : appeal. Also, the Pazks & Recreation Commission had the opportunity to review the type of equipment to t�e installed at the May 6, 1996 Commission meeting. I expect to bring a staff recommendation to the May 20, 1996 City Council meeting regazding the piay equipment to be installed at each of the six playground sites. With approval, and an award of bids at this time, the equipment could be installed yet this summer at the various park locations. It will be my recommendation that the City Council receive the original bids of Apri130,1996 and reject those bids due to the irregularity in the bid specifications. Further, it would be my recommendation that the City Council accept the bids of May 20, 1996 and award the contracts to the various playground sites based � on the staff recommendations presented at the Council Meeting on May 20th. . If you have any questions, or need fiuther information on these projects, please let me know. JK:sj . JK96-48 11.�2 0 :.� ,► , May 20, 1996 TO: I�� City of Fridley Recreation & Natural Resource Department (612) 572-3570 William W. Burns City Manager Jack Kirk J � Director PLAYGROUND EQUIPMENT BIDS � On Monday, May 20, 1996 at 10:00 a.m. the modified bids were opened for the 1996 playground equipment proj ects. After a review of the various proposals of the six different park locations, I am recommending that the City Council receive t�ie bids an� award the contracts to the equipment su�pliers listed belov✓. To Earl F. Anderson, Ine. with the Landscape Structures line of playground equipment I recommend awarding of: Project No. 296 a. Logan Park $15,000 Project No. 296 e. Summit Square Park $30,000 To Flanagan Sales, Inc. with the Little Tykes line of playground equipment I recommend awarding of: Project No. 296 b. Project No. 296 c. Project No. 296 d. Project No. 296 f. JK: sj Harris Lake Park $25,000 Jay Park $25,000 Springbrook Park $25,000 Terrace Park $30,000 JK96-49 � Ri � 0 d s°� a �, 0 W ,'C � W � A � � "� i�r bA CL � � � ,a � � � i� � 0 �, nv � � a, � �1 C� � � G� C� i�r � E"� � i�r C� "� � � ..�r � � � � 0 ° � .� �, a � � � h � e� � .� iw C� x �7 e� a4 0 � � � N z � � � �o x. a � � � \ �' � � ; � � °° ` � � v �� ,. ,� � y � A� U ��,,,�,� � A � � -� � � � � � Q, �° � � � � � � �� x • , „ f o� w � � \\:: Z � o � � � �� 4� � /�� ,�fi� \ � �"'� I�,y . � \\ � � � d y�.�+ �_� \ V1 � � � Q \.: �� V\. n�k �. �� : � � � � � �� 0 � Y�� ^ M M M 69 69 6�4 � ,. ' � O O O � O O O � �� ,�:` o 0 0 p ;; �o� M M M �1 � ':�\ y 69 69 6A �.�. C;' O O O , t ' O O O O O O � �. ...:.. 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'�s�� , _ , .., _.. .._ __ ___ � __ w. , . . , : �. � � _ _ � � � � '«« � . � � aY.M.. `�=Ka.�, �l .e«n. aad -- �C1 , , Hdqhy pak ""'�' , W� i i � � � i i . a�� ` ,;�: 11edNn ��y i � i jS' �� . _ Mona,nN Pa/lt ;%?', x �c O, 1 � � d : _:;- �;'. � ; / � / �� III�.,rreM — PCrk � V Twr°e� � �°* WaNwIr�N Park d7�ar4 Pls[e 3 ' Rip � haY Nh�l ; . ��k - i I I �n � �m YIWt 11ea�rr � IYbndelw pay � Park i~ i p�y P°rh. i Z � t i � �:':,. '., i i � i < Ilsai - �p�y � � � ParkO � �L1,�Rotlq�w �9p b GnNr Fl�ld � � e� � ; � �Fen Lalu i ----� �.I P� , $urxNlQ Sqiwn � PaAt � �e i i � f � � Jr------�. � KEY: � � City of Fridley Parks � Anoka County Parks ❑ Waterbodies i -'--'� � , � � ; CITY OF FRIDCEY � � Recreation Office ............................... 5'72-3570 � ; Springbrook Nature Center ..................... 784-3854 ' Fridley Senar Center ........................... 571-1304 ; -----J Park Maintenance .............................. 572-3566 ' ;' � �•O� Anoka County Parks ........ .......757-3920 ................ �� , . r. � :�;., �.��.n '� � � �: k 6: -,- x ,�` ��- R ;$ ��v�.�t ': � z� '�xl+A"�4 ' : : � a, ��, .. .. _,...,. .��. ;,_,� � .�-.� S YEAR , � . _=:.r N-�� .:� �t �� '�, i a�.,.,. . 'i � as '� �-�' f X ��'§' �,P� s r . y � �� i *4'i�� r+" �.r"��L *� .. . i. E � r y�•t� w .& � .. �'�',�"'�a€!_ :/IPtTAL tMPRQ1lE�ilENT PtJ� _ �..�:� � ��`�� `' "� �' �� " �.. B�UDGET' 1Y99�6 � �'� ' ..' clty ot Fridley ;, . �te of luiinnasots _ Parks Cap"itai ImProvemenb _ ' ,,.; � �� ..,,.: t996 _ �;:__ �..��.�'. __ _ _.-- - - 6a�inninQ Ba� -�. . ;� . _ .. � : .^ _ . .. - 5574.340 Rev�enues Irrterest Income 22.972 Park CornnbuGons 10.000 Current Ad Vaforem � 70.550 Homestead and Agricutture Cred'd Aid t 5.000 To�l Revenues t t 8,522 Funds Ava�labl� Proie�s EndinQ Balanc� BeginninQ Balance Revenues Furxis Available Proiects EndinQ 8alance 692.832 ADA Park Improvement 20.Opp Cotut Restufacin9 14.000 River Heights Park Improvement 40,00p � Springbrook Nature Cer�ter (N� � 60,ppp New Proixts: .,, F p�rrs��,�iL'w��g�� '�S`k` ::�'4"." i' :: � �r s� �'� �s7y��wRf ``„F� y��ri'��'f�_ #" ..-WS.... 'Rr �. _ ��1„a..,��4,..# i�4`� ri.- , . �W� . Carpet Rep(ace — Commor�s Park 8uiiding _ _ 4.000 Total Projects ?997 Irtterest Income Psrk ConVibutions Current Ad Valorem Homestead and Agricutture Credit Aid Total Revenues ADA Park Improvemerit Court Resurfacing � Horseshoe Courts SheRer(Locke Park/Pardal Fundin� Open Air Shelters—Community Park Playground Equipment — Commons Park New Projects: Fence At Rice Creek Park Playground Equipmer�t — Upgtade Total Projects 11.04 ___ z. . . ;� 324.000 5368.832 5368.832 14,753 10.000 70,550 t 5.000 110,303 4T9,t 35 ... ... . ... . ... ... .. ,� ... ... 5117.t35 GN�F FR[DLE.Y ,,:,,,;. MEMORANDUM ''�S'�pi!. 4,.,.�., Tc�a�.iW4+k .'�.3'w }��.� . . `-�s �"' .��.,,.. �f�. �'' �i °' � c�i.t e � � .°`,� � t r �- � � :� ,x, dc /��" � x � � �� lI �-�.+- ,. . . . �� L •. t � � "."��. - -�" .'. '+A- s, a� �,_ 1 ..» u a._ x,. ._—....— . = _ ., ' . .' . . .,_. -- _-: _- _...__ . sa3y� University Ave�ue Nonheast ` William'.C. Hunt � t.: ._ . _ _ ..=. Ftidiey. Minnesota 55432 Assistant to the City Manager .�' (612) 572-3507 • - FAX: (612j 571-1287 � � . . '' Memo to s From: Subject: Ailliam W. Burns, City Manaqer �� '� William C. Hunt, Assistant to the City Manager%�� Change in Authorized Position and Reclassification of Incumbent D�te: May 16, 1996 � —_ In 1994 the Fridley City Council created the authorized position of Outreach Worker and concurred with your appointment of Kevin Thomas to fill the new position. During 1995 the Fridley Police Department took the lead in establishing Project Safety Net to deal with young people who are violating the curfew. (See�attached brochure.} This program now involves three other cities (Blaine, Columbia Heights, and Coon Rapids) and employs about ten part-time youth workers. Coordination of this program involves a significant expansion of the job duties of the Outreach Worker position. Also, a recent job anal.ysis confirmed that the new position of Outreach Coordinator has a higher job value. Given these facts, I recommend that the authorized position of Outreach Worker (Range 2) be replaced with the authorized position of Outreach Coordinator (Range 4) and that the incumbent, Kevin Thomas, be reclassified to the position of Outreach Coordinator (Range 4, Step 1) effective January 1, 1996. It is understood that the continuance of the Outreach Coordinator position is contingent upon the continuance of Project Safety Net. I am informed by Police Chief David Sallman that this will not require an adjustment of the Police Department's personal services budget for 1996. I request that you present this matter to the Fridley City Council for consideration at their meeting of May 20, 1996. c: David H. Sallman, Public Safety Director Richard D. 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CL�I/MS 67995 - 6�2Gt4� 13.01 � �.. I 0 � t ,r . t � `` ' :;; , i ` t >as r�qy' �„qj � v.� ; ; `i� � , y � r� xj � �.,:t �r ua�i �.. ��:,..�..�r �..: � rj;m �,'�p�>, '".: s �� a .�9N��ii�Aa.°."aa.�?Tt't`,�-x�: 4�,n�$v,�.. .»k'�e,+�a± xr .w P °f.s,.��a.,�,�c�'�«�.+''�' '�x� `�,=.�w.':..r ,w,.:?: - - : � � .t 2h+{�`�+.�t'u+-;. ., . � e � � ,�" `� - � . : ,� ..r � f : x �- n,.a.. �a 'sa`c; .. .' . .. �� -��.-rr�i 'i k�fi�l 1�� n��`�i,"rn(-�F ��rb�� ,.n�.r?r.�t'?r��a �l.ePnr+��q�-tt,i.l�r ��.«.+�.-..:.� �'�i�'.�r� r�� c�WWv,-. '$:. � � /"—"=� 11$��.L�fi" � � ��9 crrr oF FR�EY , _'_ ... r.. .. . . . — _ . . .. . _ ' _ -_ _' _�__� _ .. _ .. ry ,.,4.':� .. . .. � . . . �� . . ' ' _ . ..�. . . .. . . . . . _ . . _ . .. ...,.... _ ..___..` . ... . . ... _ . . . . . .._. .. . >�.. :.... _:- .: . .. ;,....+ �._ ._.__ . ...._.. , ._.. . �..: `. , LICENSES . , -� -- MAY 20, 1996 ,. ; : ,. :. BLACSTOPPING , . ; ; ; . �y. Asphalt Driveway Co : 1211 E Hwy 36 R4N NLKOWSK� St Paul MN 55109 Scott Smith Building Official Fairfax Asphalt Inc 108 W Braadway Osseo MN 55369 , Lino I,akes Blacktop Inc 502 Lilac St Lino Lakes MN 55014 Northwest Asphalt Inc 1451 Co Rd 18 Shakopee MN 55379-2797 ELECTRICAL Bilimark Arnie Electric 14700 Armstrong Blvd NW Anoka MN 55303-3112 Mertz Tom Electric Inc 70(? Hamel Rd Hamel MN 55340 GAS SERVICES Apollo Heating & Cent Corp 6510 Hwy 36 Blvd N Oakdale MN 55128 Commercial Plbg & Htg Inc 1562 W University Ave St Paul MN 55104 Contract Services 11915 Aighland Rd Elk River MN 55330 Fore Mechanical Inc PO Box 130788 Roseville MN 55113 John Pfaff Betty Ramsden • Sheila Geibe Arnie Billmazk Ran Furtong Richard PJecker Robert Skeie Howard Dunham Greg Dustin 14.01 Same Sazne Same STATE OF MINN Same RON NLKOWSKI Building Official Same Same Same � :s� 0 G � � n r� � �. � �.�. , ., �' �';� .xi,'a y w �,": a a ' �,. , .. � � i #�.a a�y � .: � z t� t w a �� s �i» w � ;,- �. . , '.� ... { i,' �. a� ��i ,��Y� xo-y' •� �"4� � �� z�.�r � �Y'7s" wauitr� k � f �...dx �fi�� '��w ....� � �� . .,r r uffi �. ., y i? k �` ' � a.:�3 4..(� rY : tx.ss4-�- �.� .J.�ri'a, i ��5�, x .v�z.' �;d' �"" ��.t �tP 3t#�-af'� �� . Y —r��. �. .(1. fi i �fiA'ik'Si;'-1 '4�1�2Y#+ti y , iSi"Ni: 'ni �8 �' G= L�4�'i`ya R s'�'F'.f� .. \ ._ �y.° ". : , � a ,. - •, 'if,�« t .�� , � y � s �� t�s �s �- " -t� . � f%, . �`., . .. �... �_i: �.:. '1 '>=� x1:iM5"+�3 . � 9+_��6 �� xr �_ >.: � € � w , . �.,•,n. *��'�.,! _w� _ t;-? _ _ , ,_: _ � .�,. ,_ �_. s . -_.� f'° "i' ' .._ �-:�.,2. 3�. .. . .•. : . :. . , . , �.�. � Metropolitan Mechazucal Contrs Inc ` + i:: , ', 734Q Washington Ave S ; . �.:: , � , .:. Eden Prairie MN 55344 � Tom Nelson Same . . CENERAL CONTRACTOR- COMII�RCIA.L Coachtnan Companies _ �. _ .._ _ _ ��. ' 1500 Cheyen�e St , ...,. _, , . . w. . . _ . RON JETLKOWSI� ;:, • Lincoln NE 68502 Jeff Stock Building Qfficial '� Stone Constzuction Inc 2181 107 Ln NE Blaine MN 55449 Jerome Stone Same GENERAL CON1'RACTOR- RESIDENTIAL All-Ways Decks (20003805) 314 Wexford Heights Dr New Brighton MN 55112 Jeff Schneider Beissel Window and Siding Co (6453) 153 E Thompson Ave West St Paul MN 55118-3261 Cazibou Construction Inc {5903) 180 Transit Ave Roseville MN 55113 Don's Weather-out (9155) 2808 W 72 St Richfield MN 55423 Donners Construction Co (6904) 6400 Douglas Dr #348 Brooklyn Park MN 55429 Exterior Design Service (3237) G391 Monroe St NE Minneapolis MN 55432 First Choice Exteriors (4266) 24Q5 Annapolis Ln N #24Q Plymouth MN 55441 Gregory Construction (5171) 1703 39 Ave NE Columbia Heights MN 55421 Jeffrey Beissel Michael Sandretzky Don Mohs Charies Donner Paul Kilgore Nick Dingman Greg Rauchwasten 14.02 STATE OF MINN Same Same Same Same Same Same Same �r � ;� ;� � � , .; •, � � ;, f,f�'. � � { . y � v := i' +c � � �� , � ��,ta� �i , t� ji �s _ .�r _ ,..,.. � ; 2-.- .�..: a ;',� -� 3 I j v1 ta ��ii� '. a ''u�`�'�,i� ' y� ei�� : f�- a:-, s✓M'�aM?•— . ±� � i' a.� � r a'7� a�. r �i��; 1 � a� r` �q ��" � e 7. .. f :_�'# iY �-. "�:t Slj1'� .Y "'i id�si� nl.:_ , . ,,. . -r rv.. ' y.M .� ,. . . '. ' :, . ' .' ,: , �b.'��` F .i � .� . . .. � ..�. , . .. . ti � � 'i� - . _ _ . ... . _ ' _ � � ; E �. ��. .. . ,.. ._. . .. . _ . . ,:�. . � :�, , . �, . . � . ., , _,__' . . � ._, .r� 3. , � .. .. . . .. .. ,-'. . ' _. �'- Horizon Roofmg (20012795) ' :' � ` _ -. 1333 Larc Industrial Blvd _ . Burnsville MN 55337 ': . Chris Hughes Same . , :, L J Roofing (9036) _ .. :: 10151 Edley Blvd . �. .. . . , _, . _.,. .;. ..._ _. _, . . ,. . ....,. , . Coon Rapids MN 55448 Ly1e Fisk � ` Same' , � R & R Construction (6644) 12U49 Oregon Cir Champlin MN 55316 Rainguard Construction (6061) 12008 Pennsylvania Ave N Champlin MN 55316 Rodney Mysliwiec Steven Duret Roberts Residential Remodeling (6885) 13114 Ottawa Ct Savage MN 55378 John Paggen Spruce Builders (20040330) 10510 Hidden Valley Dr Rogers MN 55374 Stillwell Ted Construction (4138) 2701 Yosemite Ave S St Louis Park MN 55416 Tabor & Sons Inc 3716 St Francis Blvd Anoka MN 55303 HEATING Apollo Heating & Cent Corp 6510 Hwy 36 Blvd N Oakdale MN 55128 Commercial Plbg & Htg Inc 1562 W University Ave St Paul MN 55104 Contract Services 11915 Highland Rd Elk River MN 55330 Bill Bryant Ted Stillwell Arnold Tabor Richard Wecker Robert Skeie Howard Dunham 14.03 Same Same Same Same Same Same RON JULKOWSKI Building Official Same Sazne I P. ; �. i. � � _ !. - � , : � . , � '., � � i, : .•. ::i � 1.1,�'` ��it .��.. a ,�� '� ]ni�r%� r ttrot �Yj a� i � ....� ..._ , .i �,..,�. ..t.dru., w.s...xa.iura�akrzt.u.,.,.�.�rL,..,x.f': ,� a�� , � _ � ; � , � , � j�^,� r.., � ,. � ;, �� , � r �r � , � .w. � r �+7'�1�F �f ra i � 1 �i r ( ' t_ ' i � :��'7 � tii��ft'� �' '�� ,�+ , . �r�,, 3`t. ,�� +i' i �{ � � il �, � t � �i : i'�y r.. � � t��E�.i � Ia � � yi �si'�� ..�c v- �F 'kt 1 � . � Z � � ti I f ' � -0f� �w¢�s�- t � i� ) M� k'SC^' 73��i�� .f r� i. n�- . h 1� � rs �� _c � i�'; _ : , sy�� bf ,+.. _ .; � �.," . 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' :x . , � 9212 Isanti St NE Blaine MN 55449 ` ' - Ron Erickson Fore Mechanical Inc PO Box 130788 , Rosev�Ie MN ' S5113 " Greg Dustin Metropolitan Mechanical Contrs Inc 7340 Washington Ave S Eden Prairie MN 55344 Mobile Home Improvement Service 6325 Bailey Trl Inver Grove Heights MN 55077 South Town Refrigeration Inc 5610W36St Minneapolis MN 55416 MASONRY Plochocki Construction 22537 E Bethel Blvd Cedar MN 55011 PLUMBING A-Aarons Plumbing PO Box 712 Chanhassen MN 55317 Beaver Plumbing Co 20415 Jackson St NE Cedar MN 55011 Commercial Plbg & Htg Inc 1562 W University Ave St Paul MN 55104 Facilitech 7206 Washington Ave S Eden Prairie MN 55431 Tom Nelson Rodger Fspeseth Michael Thielen Bruce Plochocki Dave Hughes Bob Paulno Robert Skeie Bruce Kuchinka Metropolitan Mechanical Contractors Inc 7340 Washington Ave S Eden Prairie MN 55344 Tom Nelson 14.04 � ,; � „ . , • .�:.� � ,` , . ... , ; ,, : M .._�:.. . -yi.., �. :. .;�., _ S� �'; r �', �. _ .. ;��.;.,. 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FRlDLEIf . _ - � Ma 20 1996 . f�: ,_ ....,,. ...,_ Tyne of License: : �pp,roved Bvr ee • - CIGARETTE Convenience Plus Galn, Inc. 7883 E River Rd Fridley, I�i 55432 FOOD ESTABLISfIMENT Convenience Plus Galn, Inc 7883 E River Rd Fridley, MN 55432 Mn Kinq Oriental Chan Young Grocery & Seafood Inc 6566 University Ave NE Fridley, MN 55432 GAMBLING Golden Lions Same 6085 7th St Fridley, MN 55432 ON SALE BEER Convenience Plus Galn, Inc 7883 E River Rd Fridley, MN 55432 RETAIL GASOLINE SALES Convenience Plus Galn, Inc 7883 E River Rd Fridley, MN 55432 PEDDLERS/SOLICITORITRANSIENT MERCHANTS Fridley VFW Stan Kowalski 1040 Osborne Rd NE Fridley, 1�Ild 55431 Dave Sallman $40.00 Public Safety Director " " $45.00 n �� n .V 14.06 � n " $45.00 " Exempt " $60.00 " $60.00 " EXempt � ��J� -�. t . , t�;s ,i.'. t a� � '•. l h.� � a � �': _... , s»._��t . ... az -fi...�-:.. _, ;, Y � 'sF� _`t t : . fi �c' �' .1alNR .W . r v%1�DC �. T �;�i�,pV.F4'u�Qy' �n�t � '� t'Y l �. w • .. - . � . � :. {'y N fru r 1 ` `� � ' _ 1 a. ��5 s :u rm . `�# _ s' ,µ�- ara -.�sr{,�. �' � � ��Za a� t��t�sacrwv.t�x�d�r =c"� rr �x.• „� - . ��r. . . - ..'. . � . . . �'Y' 31.� �"' l :!! .. =� F i 'fi_ . . . ' . . � � ESTIMATES � � oF � MAY 20, 1996 � �� Newquist & Ekstrum, Chartered I 301 Fridley Plaza Office Building ' 6401 University Avenue N.E. ` Fridtey, MN 55432� � � Services Rendered as City Prosecuting Attorney for the Month of March, 1996 : . . . . . . . . . . . . . . . . . . $ 13,262.49 Richmar Construction, Inc. 7776 Atden Way _ Fridley, MN 55432 53rd Avenue Booster Station Renovation Project No. 280 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72,648.45 15.01 �� ;;. DATE: TO: .. .. . .. ... wa„� ,T . �.... . . � .. . ' ,.� _ �_ '... MEMOI�.ANI�I�rM _ _ DEVELOPMENT DIRECTOR May 16, 1996 William Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Kurt Jensen-Schneider, Planning Assistarrt SUBJECT: Zoning Ordinance Amendment to Require a 30% Front Yard Hardsurface Lot Coverage in the R-1 and R-2 Districts After carefui consideration at the March 6 and May 15, 1996 meetings, the Planning Commission has recommended that the City Council not amend the ordinance to require a 30%. lot coverage maximum in the front yard on residential properties. The Planning Commission's recommendation is based on the following findings: 1. The proposed 30% !ot coverage in the front yard is too restrictive after analyzing several examples across the community; in fact, the lots which have more than 30% front yard coverage are very appealing. 2. In order to enforce a lot coverage requirement, a permit would be necessary. The City currently does not require a permit for the installation of additional hardsurface area on residential lots. The Planning Commission did not want to recommend another permit process ior a simple construction issue such as driveways or expanded hardsurface areas. 3. Although the Commission was concemed about some individuals who may pave the entire front yard, the Commission felt that this issue would be self- policing because of the cost of concrete or asphalt. 4. The Commission noted that a majority of the residents in Fridley have an appropriate balance befinreen landscaping and hardsurface areas in the front yard. The proposed ordinance would be aimed at very few individuats who may or may not pave the entire front yard. 16.01 � . �:: y : y �y� ... . . ��yy� � ' r pvG � ��y k ' $a�n9m` _- � � i �x. , � ��'E - . .... .Yaeiwu.i�i�S i�v. 4"'�...� .dd T. ..J�, � :,} � k f _ 'B�' .t.H 'r'�a .Ail... aG� � �.. . " '.k'.rx _ , .' . , . 'a ,r,,., ic'.'�;.: - -a'w?ta . ^ .... � w.,� '�E ""-'r�" ..,. . . . .z ,- �.-,', .. . �a�as� -y„'_ .; t-E _ .. �.. -�.. . � .. _ ' ' * i.=�; . . .s- ��i. ,.. ��. . , . . . , ... . a'.->,..� .. -.. y...,::< . _ .. _ _ - . � .. . . __ , .�_ ... ' _ . _. .. _.. . . .. . . .. . . __ 30°� Frorrt Yard Hardsurface IV1ay 16, 19,96 . Page 2 Staff alsn recommends that the City Council not amend the ordinance because of the foltowing concems: 1. The growing trend of two and three car additions does require additional frorrt yard pavemer�t. A coverage limitation may deter residentiai home improvement projects. 2. Having no permit requirement for pavement installation, the City's enforcement of this requirement wouid in all likelihood take place after the driveway has been installed. 3. White conducting typical systematic code enforc�nent inspections, it woufd be difficult to determine the exact coverage amount from the stree�t. RECOMMENDATION A public hearing has been scheduted for Monday's meeting. It is recommended that the City Council open the hearing, consider the Planning Commission's recomme�dation, and then close the hearing. It is also recommended that the City Council pass a motion requesting staff to cease work on the amendment and to withdraw this application. :�� M-96-230 � 6.�2 ' FROM: Barbara Dacy, Community Development Director Scott �ickok, Planning Coordinator Kurt Jensen-Schneider, Planning Assistant SUB7ECT: Thirty-Percent Front Yard Hazd Surface Lot Coverage Based on the additional staff analysis and questions raised by the Commission at the Mazch 6, 1996 meeting, staff believes there are two clear options. One option modifies the code to prohibit paving the entire front yard, and assure a mix of landscape and hardsurface, the second option is a"do nothing" option. The purpose of this memo is to answer the Commission questions and to facilitate a commission consensus as to the best hard surface lot coverage alternative for the community. BACKGROUND At the March 6, 1996 Planning Commission meeting a public hearing was conducted regarding an amendment to the performance standards section of the Single Family (R-1) and Two Family (R-2) zoning codes. Specific language for these amendments are: 205.07.06 PERFORMANCE STANDARDS (R-1) (3) No more than thirty percent (30%) of the front yard area of a lot shall be surfaced with blacktop, concrete or other hard surface material approved by the City for driveway or parking stall purposes. 205.08.06 PERFORMANCE STANDARDS (R-2) (3) No more than thirty percent (30%) of the front yard area of a lot shall be surfaced with blacktop, concrete or other hard surface material approved by the City for driveway or parking stall purposes. 16.03 0 0 �:. � . . �� 6re .- . .,� .. . . .. . .._� <R.kllK4�`iM .fr i.�.. . A1 Thirty-Percent Coverage May 10, 1996 Page 2 At ,the conclusion of the public hearing, the Commission approved a motion to table consideration of the ordinance ainendment and asked staff to address the following concems: 1. EVALUATE TOTAL LOT COVERAGE AND IlVIPERVIOUS SURFACE VS. FRONT LOT COVERAGE? In order to put residential lot coverage into perspective, staffcompared a R-1, residential site with a C-2, general business district. In reviewing the residential and commercial comparisons it is clear that commercial properties require an extremely high proportian of hardsurface. City code and the development process controls the arrangement of the hardsurface on commercial property. In comparison, City Code has little control over the installation of hardsurface on residential properties. 2. INSTEAD OF RESTRICTING LOT COVERAGE IN THE FRUNT YARD, SHOULD WE RESTRICT PARKING TO THE HARD SURFACE OR DRIVEWAY AREAS? The City Code was recently amended to prohibit the parking of vehicles on unpaved surfaces (1993). Numerous properties however are not required to maintain paved 16.04 t m :1 .' 1 ��. �K � .. . : � �- Thirty-Percent Coverage May 10, 1996 Page 3 driveways as a result of a lawsuit against the City in 1981, The nuisance driveway ordinance now being considered by the Council would require all properties, regardless of the driveway surface, to provide a hardsurface parking azea. Many individuai property owners have elected to finish their front yard landscape with a mix of driveway, walkway, patio, and plant material. Though the example of a basketball court in the front yard is one that has not been a source of complaint or concern, the question is valid. Does the court provide an additional pazking opportunity? 3. WHY NOT INCREASE THE PERCENTAGE FROM 30% TO 35a/e? Using the thirty-percent coverage number will allow for a maximum driveway width of 22.5 feet (for a 75' wide lot) unless the lot in question has a reduced front yard setback or increased lot width. A thirty-five percent coverage number will allow for a maximum � driveway width of 26.25 feet unless the lot in question has a reduced front yard setback or increased lot width. Through a recent analysis of a new single family home, it has been determined that it is likely that a three car garage and its associate access drive will cause a property owner to exceed even a 35% coverage. 4. COULD THE LANGUAGE OF AN ORDINANCE AMENDMENT BE STRUCTURED WHERE A PERSON COULD BE ASSURED OF A DRNEWAY OF MINIlVIIIM SPECIFIED WIDTH? As the lot width decreases so to would the ability for that property owner to increa.se his or her driveway width. Establishing a minimum driveway width for all properties assures that everyone, no matter wha,t the width of their lot, has the ability to construct a sufficierrt size drive. You may recall that Ms. Kroone of 5933 Main St, attended the March 6, 1996 meeting and voiced this same concern. On her 40' wide lot, a 30% coverage requirement would permit a 12' wide drive, a 35% coverage requirement would allow for a 14' wide drive. The property owner, in this case, would not have the fle�bility to expand a driveway for another car. 16.05 -�-n �a4 = - ��:� a t § -'� s' �RS., :' � �:� : .'., , . : .-' _'��' ��'a�fE�'Y , ;: .�_ . _.:�., .. '_ . . ... s:�. ._ '�Y"' :.�'. ._ .. . � . ' . . Thirty-Percent Coverage May 10, 1996 Page 4 '��`�� ` �_. ' . . . . �-"�t-a"`a, dx.s: h , x : �: :� _ ,: � ., .,... . .. : � ... . . .. . . .., t=�'�" ,-y<.i.m ,3/.ng;....,: �.,� _ . ....� �� . . _- .. -_ . _ �. rt.,H « S. ,� SHOULD THE PERCENTAGE BE 1'�D TO THE TOTAL WIDTH OF A LOT. As calculated above, the maximum driveway width of both the 30% and 35% coverage exarnples correspond directly with lot width. Ezample: 30% of 75' = 22.5' 35% of 75' = 26.25' and 22.5' x 35' setback = 30% and 26.25 x 35' setback = 35% OPTIONS Further study of the lot coverage issue has raised some concern. As a result of the Planning Commissions comments on March 6, 1996, staff has expanded the initial research conducted in 1993. Staff is concerned that lot coverage on many existing properties would exceed both a 30% and 35% requirement. Examples include: Heather Place Neighborhood Royal Oaks Neighborhood Scattered Examples on M'ississippi Street (1153 IViississippi) The initial intent of the ordinance proposai in 1993, and as we have revisited it in 1996, was to prevent the installation of a hardsurface that encompasses the entire &ont yazd area of any residential property. After further evaluation staff has developed two additional alternative options: OPTION 1 Incorporate the following statement into the driveway performance standards section of the City Code: "Hardsurface areas shall not however cover the full length and width of the front yard between the principal structure and the public right of way. Front yard azeas shall be landscaped in accordance with the landscaping requirements specified in this section." 16.06 p Thirty-Percent Coverage May 10, 1996 Page S OE`FION 2 , .. , � a ,., _ w . � v:. . „ ._ .. , .; _ _. . : . ,._ � Electing not to aznend the ordinance may be a prudent choice. In evaluating the proposal, several concems continue to surface. They are: 1. The gowing trend of two and three caz garage additions requires additional front yard pavement. A coverage limitation may deter residential home improvement. 2. Having no pemut requirement for pavement installation, enforcement of this requirement would in all likelihood take place after the driveway has been installed. 3. Deternuning the exact coverage percentage while conducting a visual inspection could prove to be extremely difficutt. RECOMMENDATION Staff recommends option #2 due to the changing nature of residential properties, (i.e. 3 car garages, etc); beautiful examples of altemative landscapeJdrive solutions in front yards; and the difficulty of enforcement posed by not requiring permits for drives. KJS:kjs M-96-224 16.�7 t �� ) � CZTY OF FRIDLBY � PI.�N�iINt� CO1�II�IISSIOM MEETI�ia, MARCH 6� 1 i __ �� s.� ' � Chairperson Newman called the 1Karch 6, meetinq to order at 7:33 p.m. . ROLL CALL• �'�' � � � l t�-�-� ^ �. _ ��. / `� �� , _ , Plar�ninq Coimo�ission Members Present: Dave Newmar�, Dean Saba, Brad Sielaff, Connie 1Kodiq Members Absent: Dave.,;-Rondrick, Diane Savaqe, LeRoy'Oquist others Present: Scott Hickok Planninq Coordinator ,�"Rurt Jensen-Schneider, Planninq Assistant �` Londa Rroone, 5933 Main Street N.E. . MOTION b�Mr. Saba, seconded by l�ir. Sielaff, to approve fhe FebruaFy 7, 1996, Planning Commission minutes as written. f A VOICS VOTE, ]1LL VO'1'I�Ta lIYE, CSI,IRPBRSOM �1Ei1MAM DBCI�ARBD MOTION CARRIED II�TANIl�0II8LY. l. PUBLIC HEARING• CONSIDERAT�ON OF AN ORDINANCE AME�NDMENT RECODIFYING THE FRID.FV CITY CODE: Chapter 205.07, entitled R-1, One-Family Dwelling District Regulations, by addinq subsection 205.07.06.A.(3); and Chapter 205.08, entitled R-2, Two-Family Dwel2inq District Requlations, by addinq subsection 205.08.06.A.(3). The purpose of this ordinance amendment is to limit front yard driveways and parkinq stalls in sinqle family and twc family zoned districts to no more than thirty percent (30�) of the calculated front yard area. OTION by Ms. Modig, seconded by Mr. Sielaff, to waive the readinq of the public hearinq notice and to open the public hearing. IIPON A VOICB VOTB, ALL VOTINt; ]17t8, CHAZRPBRSON NEWMA�T DECLAEtBD TSE liOTION CAR&IED AND THE pIIBLIC HEARZN�i OPB�i AT 7 S 35 P.�i. Mr. Jensen-Schneider stated staff is seekinq input on a proposed change to the R-1 and R-2 sections of the Fridley City Code regarding paved surface front yard coverage of one and two-family residential parcels. The purpose of the public hearinq iB to get public input reqardinq the chanqe. _ Mr. Jensen-Schneider stated �� r�t��ale for this chanqe�is 16.08 . �� > - - �.� _ _ .:; �� .�. __` �':,�, ..�,Y..,, PI,ANNING COMMISSION I�SETING. MARCg 6. 1996 PAGE 2 closely related to the driveway issue discussed at the last Planninq Commission meetinq. The idea of a hardsurface coverage requirement was first discussed in 1993. In the aqenda packet was a.copy of the letter from Ms. McCollom which generated that discassion. In the letter, Ms. McCollom expresses her frustration with a neiqhbor pavinq the entire front yard. In an informal neiqhborhood meeting conducted by staff, one of the concerns was that someone would pave their front yard. This is still a related issue. � Mr. Jensen-Schneider stated the agenda packet i.ncludes a one-paqe 1ot coverage study which reviews the requirements of surrounding communities and reveals ttiat limitinq front yard iaupervious surface coverage is not an uncommon requirement. Also included in the aqenda is a sampling of lot coverages throuqhout the community and visual samples via aerial photas to demonstrate some of the these coveraqes. The lot coveraqes ranqes from 15� up to 58$. Mr. Newman asked what area is covered in the example showing 58� coverage. , Mr. Jensen-Schneide'r stated the property has a hard-surface drive and the remainder.of the yard appears to be landscape gravel. Mr. Saba stated it is common in areas with water shortages to landscape the yards in such a way. He asked if this home owner has had complaints from the neighbors. Mr. Jensen-Schneider stated he has not received complaints since he had been on the staff. The samples pulled out in 1993 are examples that appear to have excessive hardsuriace coverage in the front yard. Mr. Saba stated he thought it necessary to be very careful to distinguish between hardsurface and a landscaped surface. There must be some way to do this. Ms. Modig asked if they were talkinq only about hardsurface areas. Mr. Jensen-Schneider stated, as the proposed ordinance is written, they are talking about blacktop or concrete. MY'. Saba asked what the lot coverage would be for the last example in terms of lot coverage using this definition. Mr. Hickok stated he believed the 58$ came from the hard surface area and did not include the landscape gravel area. Mr. Jensen-Schneider stated the lanquaqe of the proposed 1 s.o9 '•, �:�::; � � i� � . . . ' �� . : . . . .. . , � .. . . . . .. . . � 6.�ti. . . . � f., �L _�� ,w. r PLANItINa COMMISSIO� MESTII�c� �n►ttrnt 6. 1996 ip►x� � � � ordinance would be considerinq hardsurface that is specifically used for parkinq purposes. It does not include walk�rays or - patios. ___ Mr.fNewman asked what would happen, for example, if a person� 4 decides he wants to have a hard surgace front yard arid use ;ft . for a basketball court but does not park on it. Mr. Jensen-Schneider stated, as the languaqe is now written, he thouqht it would be an acceptable hardsurface use. Mr.� Hickok stated this would be a rare instance. •This is.the section of ttie code that is in the aoning • text which is � different from a nuisance. There is a variance provision for extenuatinq circumstances. A person could challenqe this. Staff would 2ook closely if someone were qoinq to pave their front yard. Mr. Newman stated the language references hardsurfaces for driveways or parkinq. He shares Mr. Saba�s concerns. What are � we tryinq to qet at? Are we trying to address concerns of impervious surface and run off or are we trying to address parking issues? Mr. Hickok stated he thought the issue was parking and not ) turning the front yard into a parking lot. If languaqe is needed to differentiate between folks who want to do something else, staif can look at it. Mr. Newman stated the problem is enforcement. Is this used for a parkinq lot or is it landscaping? The City could run into problems with enforcement. It is better to step back and ask if public policy is to limit impervious surface. Does the City have an ordinance that talks about the amount of impervious surface allowed? Mr. Hickok stated there is such an ordinance for commercial properties but not for residential. Drainaqe could be an issue, and staff could use that to make this broader. Mr. sielaff stated you must then address the back yard. This ordinance as it is written does not say anythinq about the back yard. Mr. Hickok stated the ordinance as it is written is intended to talk about the driveway and the front yard. The percentaqe is based on the area of the front yard and the amount of hardsurface drive. Mr. Newman stated he had a neighbor-who parked a limousine behind. ' his house. With this ordinance, a person could turn their back I',� yard into a parkinq lot, 16.10 �. �� 9°=: - PLANNING COMMISSION MEE?IN(� ffi,RCg 6 1996 � PA(�BV 4 ' ') ;;;;<; Mr. Hickok stated a situation such as this would be addressed throuqh the home occupation section of the code. It is possible someone could have four or five vehicles and may choose to use their back yard for parkinq. , Mr. Newman asked the widtii of a three-car qarage. Mr. Hickok stated the standard three-car qaraqe is approximately 32 feet wide. Mr. Newman stated there are few three-car garages in Fridley but, as people remodel and/or-upgr�de, we:will see more. If a.person had a straiqht driveway to the=street and has 32 feet of drive on a 90 foot lot, the coveraqe could be 33$ to 35$. Mr. Hickok stated staff scaled other lots to use as examp2es. With our standard house setback and standard lot widths, he thouqht a person-could utilize a standard driveway for a three- car garaqe and not exceed 30�. On the lots staff scaled�, the percentages were closer to 25�. Typically, staff saw�driveways narrower at the street and broadeninq out by the garaqe. Ms. Modig asked what wouid happen to those residents who currently have 58$ coveraqe. - Mr. Jensen-Schneider stated, because this is a modification to the zaning text, that person would have a pre-existing, non- conforminq use. That person would be allowed to keep the driveway. If he/she wants to enlarre it, staff would then review. Ms. Modig asked what would happen if the property were sold. Mr. Jensen-Schneider stated the non-conforminq use would go with the property. Ms. Modiq stated this ordinance will then not solve any problems that currently exist. Mr. Saba stated it would solve the problem for existing conditions if there was remodelinq or reconstruction on that property. If someone has a driveway with a turnaround or parking space, is over 30� of coveraqe, is badly cracked or in disrepair, and the owner wants to redo it, would he then be in violation of the ordinance? Mr. Jensen-Schneider stated yes. Mr. Saba stated the owner could•then either leave the driveway as it is, use�the hardsurface that is there, or forfeit the parking space. . 16.11 � � � �. e `I�� .. f .. .' 1 �� ..L. . . ... �� ' i. � �� . . PLA1�iNINa CO1rIIKi88ION MEBTINa. MAILCS 6. 1996 *�-p�jag 5 . � .- --...��...� �, Mr. Hickok stated, in this case, the person would_have to rebuild usinq the 50� standard. Mr. Newman stated the homeowner could redo the area piecemeal.'/ � : ;: :.. � . �, : ��. . Ms. Modiq stated enforce.�nent then "continues to be .the probae�r,�a Mr. Newman stated homeowners also bave the variance process they could qo ti�rouqh. Mr. Sielaff asked what was an acceptable runoff for a residential driveway. . � . Mr. 8ickok stated they do not have a.hardsurface coveraqe requirement for residential. They have a structural coveraqe"' requirement. Therefore, the eriqineering staff do not qet � invo2ved with residential issues. Zf there is a question about sheet drainage or a surface easement, they would then qet • involved but not otherwise. =- � " Ms. Modiq asked if the enqineering staff get involved wi�h ne�c developments.. Mr. Hickok stated yes, especially if it is multi-family. They do � not get involved in sinqle family residential on a lot-by-lot basis. Mr. Sielaff asked how the engineering staff would design it if this were the case. They must take into account a certain size driveway for run off. Mr. Hickok stated, in a new development area, staff would take standard setbacks and standard drive widths to calculate the runoff for that area. Mr. Sielaff asked if there was some basis for limiting coverage if drainage is the i�sue. Mr. Hickok stated there is merit to that as well as other issues such as a driveway versus a basketball court. Staff can take this back and do an evaluation on the runoff. • Mr. Newman asked if there was a time factor on this. Mr. Hickok stated this could go before the City Council on April 22. Mr. Newman recommended discussion be tabled in order for staff to further eva3uate the comments. � Mr. Newman asked when the aer�], �o#.� were taken. 16.12 PLANNING COMMISSION iffigTING. MARCH 6. 1996 ' PA(�R 6. Mr. Hickok stated the photos were taken in either 1993 or 1994. Mr. Newman asked for comm4ents from the pui�lic. . : Ms."Kroone stated she has a 40-foot lot. Since they bought the house 20 years ago, it has always had a front driveway. The drive is now dirt and they plan to hardsurface. She is concerned if they would be able to keep their front driveway. They have very little space for company to park. She also does not care to park in the street or have visitors park there. She has had a hit-and-run with ber car. That street is very busy and will get busier. She asked.who came up with the 30�. The garage is. detached_ and set back . behinc� the house: . Also, "they put an addition in the back of the house and she planned to put the driveway to the qaraqe and brinq the hard surface to the back�• door. Could there be special circumstances if it turned out the coverage would be at 35$? Could�there be an exception? She would hate to lose a front driveway. Mr. Newman stated he did not think t,he fact that the qaraqe was set back was of concern. The proposed ordinance talks about front yard coverage. Ms. Kroone stated, since that part is seen to the street, would that footage chanqe. ) Mr. Newman stated the calculations would occur from the front of the house to the street. Whether or not it is seen from the street is immaterial. The 30� figure came from what other communities have adopted. The purpose of the hearinq is to see if this figure should be 30$. He asked Ms. Rroone what the width of the driveway would be. .. Ms. Kroone stated the driveway would be about 10 feet to 13 feet but it would.be narrower by the street. Mr. Newman stated the proposed language would exclude sidewalks. The calculations would include only the driveway and parkinq surface. If she has a 40-foot lot and a 10-foot driveway, that is 25� coverage. Ms. Kroone asked if there could be exceptions to the figure that is decided. Mr. Newman stated a variance is an option�. They want to draft the ordinance to mi.nimize the need for variances. An essential element in order to enforce an ordinance is to keep it fairly specific and remove as much objectivity as possible. They would hate to see the ordinance prevent anyone from havinq a driveway. There are ways to do this and address the concerns. One of which is for you to have a hard surface driveway. ) 16.13 � ;�.. . � := F.°.i �-' HJ _� , � PL�I�INa CO�I88ION MBBTINti. lIARCS 6. 1996 -.�� PAGE 7 No further comment from the public was received. MOTION by Mr. Saba, seconded by l��is. l�odiq, to close hearYnq., - _ _ . the , publ ic �- _ _ 0;_7. _ ._ ... IIPO�T 71 YOICS VO'1'8 �]1I.L VO'YING LYB, I� � DBCI.�►itBD , T� l[O'PION C�IED ]1�iD '1'iiE pIIBLIC �6 CL088D ]Nl' 8sA8� �P.lt. Mr. Newman sugqested this item be tabled in order for staff to address concerns. He has four concerns. First, he thought they should take a look at total lot coveraqe and impervious surface coveraqe. He thought staff sho�ld 1Qok at the whole lot and not just the front yard. Second, if you decide not to deal�with lots or impervious surface, staff should look at restrictinq parkinq to the hardsurface-or driveway areas. Third, look at the 30$ fiqure. He was_not sure that 35� would do just as well.,; Fourth, 1Ks. Kroone raises an interesting concern with the narrow lot. Staff may want to-aake an exception, in any event, that ��:person could have a driveway of a minimu' width, ie. 15 feet. `� Mr. Saba stated the exception could be for the old narrow, 40- foot lots. Mr. Hickok stated, for the meeting, staff can take Ms. Rroone's lot as an example and could mail to her that informati�n to give her a sense of what the coverage would be. Mr. Sielaff stated the Edina parking restriction.looks as thouqh it incorporates the percentaqe accordinq to the square footage of the lot. He would be interested to know what their justification is for those numbers. He would like to find out how and why they came up with those numbers. He wondered if drainage was a consideration. Most of the other communities have 30$ front yard area so he did not think they needed further information on that. Coon Rapids must have less than 50� coveraqe for buildinqs, driveways and paved areas. Mr. Newman stated a fifth concern to be addressed was the concern reqarding the percentage of coverage beinq tied to the square footage of the lot. Mr. Newman asked if they had addressed the landscape concern. Mr. Saba stated they had as long as this is defined with driveway and parkinq. It could be a concern with a basketball court or a large patio. There could be some unique situations and he wants to stay clear of those. He would rather confine it to parking. Mr. Newman referred to the example of the property with 58$ � coveraqe and where the front yard is landscaped. He would suspect that the Iandscaped area has black plastic under the rock 16.14 �r. ' PLANN NG COMMISSION MEETINa. �AgCg 6. 1996 PAGB 8, so the impervious surface would actually be nearly 100$. 8e did not want to intrude in a private decision to fully landscape a house or yard, but he would be concerned if someone could turn the f�ont of their house into 90$ to 100$ impervious surface. Mr. Saba stated this type of landscapinq was promoted by environmental groups during times of drought. MO ION by Z�Ir. Sielaff, seconded by Ms. Modiq, to table consideration of an ordinarice amendment recodifyinq the Fridley City Code and for staff to address the followinq concerns: 1• Look at total lot coverage and imperviou's'surface. ' • � 2. If not dealinq with total lot impervious surface, to restrict parkinq to the hard surface or driveway areas. 3• Increasing the percentage from 30$ to 35$. i 4- An exception where, in any event, a person could iiave a driveway of a minimum specified width. 5• Whether the percentaqe should be tied to the total width of a lot. IIPON A VOIC$ �JOTB, AI.L VOTIHG AIiE, CHAIRPERSON NEW1�T DECLARED ) THE YrSOTIObT CARRIBD IINANIMOQSLY. 2. MEETING OF JANLJARy g 1996 MOTION by Mr. Saba, seconded by Ms. Modig, to eceive the minutes of the Parks & Recreation Commission meeti of January 8, 1996. QPON A VOIC$ VOTB, lILL VOTING AYE, i� ERSON �iSW� DSCLARBD THS I�iOTIO�T CARRIgD pNANZZSOUBLY. 3. MOTION by Mr. Sielaff, �conded by Mr. Saba, to receive the minutes of the Envi ental Quality & Energy Commission meeting of January 16, 19 . • Q�N � oOICS TE � l�LL oOTIN(i AYE, CHAIRPERSON NEWMA�i DBCLARED THS MOTIO�i ED IINA�TIMOQSLY. 4. by Ms. Modiq, seconded by Mr. Sielaff, to receive the ) 16.15 CARDIAC CENTERS TEL�612-422-6019 May 17'96 7�32 No.002 P.03 �� . UPON A VQtCE VOTE, ALL VOTING AYE� VICE-CFIAtRPERSON KONDRtCK °�"�� =- DECLARED THE MOTION CARRIED UNANIMOUSLY. . �;� �� :--;• �► _► ;►� ►�„ ► ��+ :: . � : ��:. ,� ;, • • :: � ■ : \ : ► �•�. �i ■ : i • ;•. :;� . : : �: ■::� : �. :►� : •► ► � : Mr. �Hidcok stated, at the March 6th Planning Commissbn meeting, there was a discussion ebout lot coverage. At that time time, the lot coverage i�sue was centered arou�d driveways and ha�d surface dr(veways. This relates to discussion of the other requirements for hsrd surtave drives and also some of the property condltlons and property maiMenance oidlnances that the City is working towards for the beeutification af the City. In the discussion, staff mentioned that, based on an analysis of the study done by the Planning Commission in 1993, staff further reseerched to determine what the final ordinanves would look like relating to the issuea of ha�d surface drives and, in this case. 30°i6 lot coverage as a maximum for hard surFace drives in resider�tial areas. Mr. Hickok stated included in the agenda packet is a summary of the Performance Standards modficatlons. Both the R-1. Single Family, and R-Z, Two Family, sections would heve iderrtical language stating that, "No mare than thlrty peroeM (309�6) of the frorrt yard area of a lot shall be suriaced with blacktop, concrete or other hard surface material approved by the City for driveway or paricing stall purposes." Mr. Hickok stated� at the time the Planning Commission reviewed thls proposal� they asked staf'� to evaluate some questions and the answers to those questlons. The first question was if staff could evaluate the total lot coverage and Impervious surface vs. ths front lot coverage. Staff can do that. Staff reviewed residential lot coverages with genersl business district and provided a comparison of their flndings. One example provided at the Planning Commission was that of a limousine busineas where a �esiderrt may have hard surface in the rear ya�d to park these vehicles. In reviewing this particular situation, ataff found there are some edministrative problems in terrns of enforcement. When doing lnspectlons without a complaint, it is quite often the case that staPf cennot see the rea� yard. There is no perm+t required for installation of driveway or patio hard surface on a residentiaf lot. Staff made the observation that, in the residential and commercial comparisons, the City code has a detailed process for hatd suttece on commercial properties. By compa�lson, there is little or no control over hard suriace on a residential property wlth minor exveptions to setbacks, curb cuts� etc. Ms. Hldtok stated the second qu�stion was, instead of restrlcting Iot coverage in the front yard, should we restrict parking to the hard surface or d�lveway areas? The Cit�r code does require prope�ty owners to park all motor vehicfes on a hard su�aoe. The City Council is now �onsidering the second readln� to a hard surface requirement saying that residential $ites ahould have a driveway of either concrete or asphalt. Thls will corrtroi where the vehicles are parked. It does not necessariy get at sltuations where a vehicte is parked o� s basketball court or development ot the front yard. This however is �ot a common occurrence. 16.16 ',CARDIAC CENTERS TEL�612-422-6019 May 17'96 !zr►tdllMA Ce�eaaasa�r �rzn0. ft��is. i!!6 r� ] 7�33 No.002 P.04 Mr. Hidcok stated the thlyd questlon asked to increase the peroentage from 309�o to 35°y6. At the meeting, a residerrt stated they had a 40-foot lot. She feit the 309�6 requirement might be di�cult to stay within on such a narrow lot Staif p�ovided a comparisa.: vf driveways and the resutting (ot coverage. As staff Iooked at existing conditiona in the community, they found a number of exampl� that would be oontrary to the 35°X, G�rage. One example is a single family home with e three cer garage. The drive for that garage represents 399�6 lot coverage. They found other examples over 39°� coverege. This finding brought stafi to the concluslon that 309�6 to 35% was a standard throughout the metro area when three-car gareges were not as prevalent. StaiFfeels 3596 may be pun'�tive as a maximum. Mr. Hickok stated the fourth question asked if the lan9uage of an ordina�ce amendment could be struetured where a peraon could be assured uf a driveway of minimum specified width. Even at 30% coverage on a 40-foot lot. that would assure a 12-foat driveway for 35 feet. This would be a single car drive back to the garage. At 35°� coverage. a 14-foot drlveway would be allowed. � Mr. Hidcok stated the last question asked if the percentage should be �ed to the total width of a lot. This benefits those property owners with wide lots. Staff believes there shouk! be a minimum drive width allowed regardless of lot width. Mr. Hickok atated the �rst option would be to incorporate the following statement into the driveway perfvrmanoe standards section of the City Code conaldering that 30�6 to 35q6 may be a dated percentage. The statement reads, "Hard surfaoe areas shall not hov�ver cover the futl length and wldth of the fro� yard beiween the principal struc:ture and the publlc right-of-way. Front yard areas shall be landscaped in accordance with the landscaping requirements spec�ed in this section." This would go into the landscepe sec�on of the code which states that, for any other surfaoe other than dfi►eway� these shall be landscaped with sod and/or vegetation. One concem with this optton ls that a large tree in a base may be enough to satisfy this �equirement. Mr. Hickok stated the second option is to elect not to arr�end the ordinance. In evaluating the proposa(, several concems continue to surface. There is a growing trend of two and three-car garage additions which require additional front yard pavement. A coveretge limitation may deter residential home improvemerrt. Hevin� no permit requirement for pavement installation, enforcement of this �equirement would in all likelihood take place after the driveway has been fnstaNed o� during the process of installation. This is a very difficult time for homeowners to find out they are in vio�ation of the oode. Oetemnintng the exact coverage percentage while conducting a visual inspectlon could prove to be extremely difficult. Mr. Hickok stated Qtaff recommends the second aption, not to amend the ordinance. due to the chan�in9 nature of residential properties, the besutiful exemptes ot eltem�tive 16.17 � CARDIAC CENTERS TEL�612-422-6019 May 17'96 7�33 No.002 P.05 .� ... = r. ��_ ____ . `^", ` , pL�IiNO GdOfZ�fZdt IRfR'2f�f�_- Y�� 1�1. 1996 ��.� �� , w:, landscapeldrlve solutlons in front yards, and the d'dficulty of enforcement posed by not requi�ing pemnits for drives. Ms, Savage asked what the ordinance is as it is now written. Mr. Hidcok stafied the ordinance as written requires vehic,les be parked on a hard surFaoe. It does not now limit the peroeM�age of lot coverage. It is conceivable that someone could pave their entire front yard. Ms. Savage stated wlth the second option, if someone wanbed to pave their firont yard, they would be able to do sa Mr. Hickok ateted this was come�t. StafF has not seen this to be a problem. Resldents do not do this from a cost and ae�sthetic standpoin� The City would have to raly on a good sense epproach. Ms. Savage stated� if someone wa�ted to do so� the City has no control. Mr. Hidcok stated this was correct in the front yard. The Clty has some control over work in the public right-of-way. . Ms. Modig stated, when talking about requlring greenery, would that excfude landscape rock also. Mr. Hlckok stated this reads that it would be sod and/or vegetation. We have some e�camples of primarily landscapi�g with rock. Again, that is atypicsl. Generelly, we see a combination of sod and plants o� all sod. Mr. Oquigt asked 4f thfa oould be approached requiring a certain perceMege ot groen in the front yercl. This could help control the complete surfacin8 of a front yard. Mr. Hidcok stated staff debated this a# length. The problem coMinues to be e�orcement. This comes back to the hard surface and not requicing a permit for hard surface. If we stated SO°ib hard surtace/50°� green space� at the point an owner violates that green space, they a�e putting down hard surface and thet is a difficuk time to approach that property ow�er. Short ot havinQ a buildir►g permit requirement, we do not have a waming that people are doing this. Ms. Modig asked what would be the problem or logistics of requiring a building permit for improvemerrts on a drivewsy. Mr, Hickok stated it is outside of the building code. StafF would have to rety on the inspectors. InspeCHon coverage may be the issue. It is outside of what inspectors (ook at on the ske. 16.18 - - :. iCARDIAC CENTERS TEL�612-422-6019 May 17'96 _ yy� cr�as:e�r �rrzre_ � i�_ ss�e �� s 7:34 No.002 P.06 - . - : �,�; - - Mr, Saba staied i�e has seen many instanoes of landscaping with landscape rodc but he thought it would be difficuft to get a buiiding perrnit. We see a Iot of three-car gerage� and parki�g pads. He thought it wea self-pollGng. Part ot this is due to the oost which is pro�iitiitive. Mr. Saba stated he supported the second opdon to not amend the ordinanoe. His reesons Include the three-car gac�qe situations and the fact it is kind of self-policing, Trying to er�forc,�e coverage would be ditficult. Also, we do not have a defln�lon of what ls and what is not hard surface and what Is and what is not vegetation. Hs thought this was trying to create e� amendmerrt to an ordinance to police exceptions� and he did not know that this ls something they should do. Ms. Savage steted she did not see a problem with thls optlon. She asked lf this vv�s separate from the nuisance ordinance. Mr. Hidcok sta�ted staff wanted to keep the items close, but they are two separete issues. Mr. Oquist stated he has a problem In that it does not glve the City any control and that is what an ordlnence is for. An ordinance is to enforce something when it becomes a nuisance. This leaves it wide open and he has a problem with that. They have talked about concrete. Asphaft could be an altemative to concrete. He could �o with it but he has reservations. He thought there ahould be a percentege of green area required. Ms. Modlg stated she could go with the second option. She would like to have something because the City now has nothing for enforcement. Afte� discussing the cost and the three-cer gareges, she did not know what other option th�y reatly have. How does this af�ect those who have no hard surtace at all? Mr. Hickok stated the action by the Planning Commisslon In Merch Included a recommendation for e different section of the code where the interpretation of a non-hard surface drtveway would be considered a nuisance and also to state that all drives should be concrete, asphalt, or other hard surtace. Mr. Qquist stated we have tatked about the t�end to two and three car garages. The City of Fridley is 90°r6 to 95°� bui�. There are few lots left where one could build a home with a three-car garage. Some have a� opportunity to expand. Few witt buitd a new home with a three-car garege. Few can expand an existing garage to a three-car garage. The�fore, part of the ergument is sofi. Ms. Savage stated this was a good point, but what is the altemative. Mr. Oqulst asked what happens if someone wants to concrete thelr front yerd. M6. Modig stated the City has rto control. Qwners can do whatever they want. 16.19 ,_ CARDIAC CENTERS TEL�612-422-6019 May 17'96 7:35 No.002 P.07 �w � : _.. : -- � �� : : r. _ rLi�em�o cdeQ�nor �z�m. .o: ss. iss� �� :,,,y;. ,: _ ,� . . Mr. Saba asked what perce�e of the residents wculd war�t to ooncrete or espha{t e{I ot thelr front yard. It is cost ptvhibitive for one thing. He did not thlnk there was a need for i th o i f s at a an rd nenoe or omefh ve small rcen e of ' e ns' res� nts m' ht oo �der doi n9 �Y Pe � KJ rtg. Mr. H�dcok stated, with the amour�t of development that we have in �e community, those that exceeded 309�6 fio 35°i6 wouid be considered pro-existing non-oonforming Iots. From an eni�onxment perspective� it does become very d'+fiwlt if that homeovmer deade� to do a driveway expansion. Would we be abie to determine if that was a pre-ex�ting wndition? He rather doubted i� Whiie there may be an ordinance� it may be dlfYlcuit to eMor�ce it. 4n � new homes, owners want to enhance their property with land$caping 1n proportion to the qualiiy of the home. Of the two options, he tends towercl the second option because of the - enforcement issue. _,. Mr. Douglas stated he feit en oMinance such as this would take eway right8 from the � property owners. " �QS1Q�l by Mr. Saba, seconded by Ms. Savage, to recommend option �1�2 electing not to amend the ordinance. Ms. Savage asked if the violation of an ordinence was a misdemeanor. Mr. Hidcok stat�ed yes. UPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION GARRIED UNANtMOU3LY. � 2. The S-2, Redevelopment District requires review and val of a developme� plan in areas when redevelopment is proposcd. e peUtloner fs proposing to constn.ict 582�000 square feet of multi-story rate offlce apeice and 90.313 squat�e feet of supporting commercial uses, ' uding a one-story restautant, a four- story hotel, and 20,000 squa�e feet f bank/office. The site a� Iocated in the northwest come� of 1-694 a�d HiQ av 65. MOTIO�I by , seconded by � to e the reading of the public hearing notloe and to open the pubtio hearing. UPON A VOICE VO , ALL VOTINv AYE� CHAIRPERSON DECLARED THE MOTION CARRIED AND PUBLIC HEARINt3 OPEN At 0;00 P.M. Ms. by , seconded by , to close the public hearing. 1s.2o SUMMARY OF REGIUEST: Simy Architects, Inc. have applied for a special use permit on behaif of the US Federal Credit Union. The special use permit would al(ow constn�ction of a bank with four driv�through lanes at 6303 Central Avenue N.E. SUMMARY OF ISSUES: The zoning on this property is G1, Local Business. Finar�cial offices are permitted by right in the G1 zoning district. A special use permit, however, is required for a bank including a drive-through feature. A one-story, 7,950 square foot bank with four drive-through lanes has been proposed. The site itself has numerous natural features, including a jurisdictional wetland at its east property line. No filling or alteration of the wetland is proposed. Because of the native characteristics of the site, a number of landscape stipulations have been placed on this proposal. Anoka County has indicated that they oppose two access points orrto Central Avenue; however, staff believes a combination of factors including site constrairrts and traffic conditions in this location warrant two driveways. PLANNING COMMISStON ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations amended: 3. Deleted. 7. The petitioner shaA submit an acceptable form of assurance in the amourrt of 3% of the construction cost to insure completion of the outdoor improvements. 10. The petitioner shall install an 8 foot screening fence along the north and east lot lines, abutting the R-1 zoning, starting at the southeast comer of the fire station. 17.01 Staff Report SP #9�09, by Sirny Ar+chitects, inc. Page 2 �ri . ,. .._ : _ �.,�. - ; , , ,. . _,, _. . -.- =:- 11. A� eocpar�ion of the i�ucility or extension of hours of operation over one hour before or after the Pr'oPosed hours must be reviewed and approved by the Planning Commission and City Council. . RECOMMENDATION: Staff recommends that the City Council approve of special use permit request, SP #96-09, with 11 stipulations. (Stipulations found in body of teact.) PROJECT DETAILS Petition For Special use permit to allow construction of a bank with a drive-through function. Location oi Property: Legal Descrlption of Property; Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Generaily located at 6303 Central Avenue N.E. Lots 17 and 18, Biock 2, Spring Valley 80,640 square feet; 1.85 acres Flat Grass, scrub trees, weUand vegetation along east edge. G1, Local Business; Spring Vall� In Cer�tral Avenue, or to east property line. Central Avenue NiA 17.02 0 staff aeport SP #96-09, by Sirny Ar+chitects, Irtc. Page 3 � Engir�eeNng Issues: ADJACENT SITES WEST: SOUTH: Utility connections Zoning: CR-1, General Office Zoning: G1, Local Business Land Use: Vacant Land Use: Multi-tenant office EAST: Zoning: R-1, Single Family Dwelling Land Use: Vacar�t and residentiat dwellings NORTH: Zoning: G1, Local Business and Land Use: Fre station and R-1, Single Family Dwelling � single family dwelling Comprehensive The zoning and comprehensive plan are consistent in this Planning Issues: location. Pubfic Hearing Comments: Site Planning tssues: The neighbors who spoke were concerned with screening from headlights and the hours of operation. DESCRIPTION OF REQUEST The petitioner requests that a special use permit be issued to ailow constniction of a bank facility with a drive-through component. Fnar�cial offices are a permitted use in the Gt, Genera! Business district; however, banks with drive-through componerrts do require a special use permit The request is for property generally located at 6303 Centrat Avenue N.E. The subject parcel is (ocated on the east side of Centrai Avenue between Satellite Fire Station #1 and the Graystar multi-tenant office building located directty at the intersec:tion of Centrat Avenue and Rice Creek Road. PARCEL DESCRIPTION/HiSTORY The property is currently vacant. The property was previously owned by Richard Mochinski who filled the property a number of y�rs ago in order to prepare it for constnaction of a building. The property has historicalfy been wet There is a jurisdictional wetland located adjacent to the east property line. 17.03 �.-, , , Staff Report SP #96-09, by Simy Ar�chitects, Inc. Page 4 � In 1986, Mr. Mochinski filed a rezoning request to rezone the property from G1, Local Business to R-3, Gener�l Multiple Family for a 19-unit attached fiownhome development. That request was denied by the City Councii. In 1990� Mr. Mochinski petitioned for a special use permit to allow a lodge facility to be constructed on the property. This would have allowed the Moose Lodge #38 to occupy an assembly facility. The special use permit request was withdrawn by the petitioner. The petitioner proposes to construct a one-story 7,950 square foot bank facility with four drive-through lanes. The site is designed for on�way traffic. The entrarice will be located on the south side of the f�cility with the exit being on the north side. ANALYSIS Zoning District Requirements Setbacks The proposed developmerrt meets all building and parking setback requirements. Parktng The G1 district requires 32 parking spaces based on a ratio of one space for every 250 square feet of office use. The petitioner is proposing 37 parking spaces, two of which are handicapped. The spaces are striped at 60 degree angles, and are located at the south and north sides of the property. In addition to the 37 star�dard spaces provided by the proposed development, there are 19 additional stacking spaces within the four drive-through lanes. This provides a total of 56 parking spaces on-site. Street Access The pe�titioner is proposing two street accesses onto Central Avenue. The south access being an entrance-only; the north access being an exit-only, with traffic movements in both the north and south bound direction. A preliminary review of the proposed site plan by the County has indicated the Courriy's preference for one access onto Ce�tral Avenue. ln order to accommodate the Cour�ty's preference, the green area in front of the building would need to be totally eliminated to provide an entry drive connecting the loop for access purposes. The site layout is constrained by the presence of jurisdictional wetlands located adjacerrt to the east property line. It is stafPs opinion that the proposed site plan submitted by the petitioner does not create adverse traffic situation on Cer�tral Avenue. 17.04 Staff Report SP #96-09, by Simy Architects, Inc. Page 5 f ' Noise/Ughting In reviewing the request, staff discussed the possibility of noise from irrtercom systems drifting irrto the adjacerrt residentiat district. The Ciiy Code establishes appropriate decibels levels which govems the use of public address systems, intercoms, vehictes, eta The irrtercoms in use by the proposed iaci(ity cannot exceed those limits established in the City Code. The petitioner proposes typical lighting standards for the parking lot The petitioners lighting analysis indicates that a.5 foot candle level of light will pass beyond the north and south property lines. A.5 foot c�ndle level is not extreme, and the iw�o properties which will be impacted by this light drift are commercial in nature. The multi-tenant office building to the south and the Sate!lite #1 Fre Station to the north. This light drift should not cause an adverse impact to adjacent residential properties. Landscaping The petitioner has submitted a proposed landscape plan. The plan as proposed does not meet the requiremerrts set forth in the C-1 district requiremer�ts. The petitioner will be required to add an additional 13 tre�, 30% of which are required to be evergreen. The petitioner is proposing to use a variety of native wet and dry plant materials adjacent to the existing we�and. Staff would like to review the proposed species list to eliminate the possibility of exotic species from being introduced into the wetland. Staff also recommends the petitioner contract for mairrtenance of the native plant materials for a period of three years. A screening fence along the north and east lot lines must be insta!!ed since it abuts R-1 zoning. Signs The petitioner is proposing monumerrt style, fre�standing signs adjacent to Central Avenue. Two of the signs are proposed to be ten square feet in area, and are to be used for entry and exit signs only. The main ideritification sign is proposed to be 66 square feet in area (12 feet tall by 6 feet wide). The total square footage of signage on the property is proposed to be 86 square feet. The sign code does not specifically address er�try and exit signs as a specific sign type in the code. The code limits the number of free-standing signs to one sign per street froritage. Staff would recommend that the entry and exit signs be reduced to four square feet in area to avoid the need for a variance to the sign code requirements. 17.05 !, . � , . ., .. Staff Report � , SP #96-09, by Simy Ar+chitects, Inc. Page 6 Wetlarlds Rs has been stated eartier in this report, there is a jurisdictionai wetland iocated ' adjacent fio the east property line. The pe�titioner has delineated the wetland in accord'ance with delineation requirements and has iderrtified we�and on the site p{an. The petiitioner is avoiding impact to the wetland as required under the 1991 Wetland Conservation Ac�t. The proposal therefore is exempt from the requiremerrts of the 1991 Wetiand Conservation Act. Uti{ity Connections The petition� has been pursuing tw�o options in orcJer to provide utility connectior� to the proposed development. The water connection will occur in front of the proposed development along Central Avenue. The sanitary sewer connection, however, poses a more difficult connection. There are sanitary sewer mains located both at the frorrt and the rear of the property. Connection at the front of the property would require removal of fire station driveway and landscaping which would be required to be replaced by the petitioner. Connection to the rear of the property requires excavabon through the jurisdictional wetlar�d. Either connection foc:ation requires increased costs to the petitioner. However, in order to avoid impact to the jurisdictiona! wetland, staff would recommend that the petitioner woric with the City to connect the sanita�y sewer at the frorrt of the property through the fire station driveway and landscaping. The plant materials located at the frorrt of the fire station will be easier to replace and revegetate than the wetland plarrt materials at the rear of the property. The petitioner has submitted a preliminary grading plan; however, drainage calculations need to be submitted to the Engineering Departmerrt so a thorough hydrologic analysis can be completed. RECOMMENDATION: The proposed development meets the requiremerrts of a G1, Local Business dis�trict regulations. Staff recommends that the Planning Commission recommend approval of the proposed plan with the following stipulations: 1. The petitioner shall provide an additional 13 trees to the landscape plan, 30°� of which shall be �ergreen. 2. The petitioner shall submit the specifications for staff review on prairie plant varieties. 17.06 Staff Report SP #96-09, by Simy Architects�. Inc. Page 7 3. .- ` The petitioner shail change the indicated honey locust on the landscape pian to crab appie or an equal attemate. 4. 5. 6. 7. 8. 9. The petitioner shall provide maintenance of the prairie plans for a minimum of three years to insure proper growth. The entry and exit signs shall be reduced to four square feet in area The petitioner shali submit hydrologic caiculations to the Engineering Department in orcfer to revi�►v the grading and drainage plan. The petitioner shatl submit a perFormance bond in the amount of 3°� of the construction cost to insure completion of the outdoor improvements. The landscape plan sha!! indicate inclusion of underground sprinkling. The noise tevel from any intercom system shait not exceed the decibel lev� set forth in the Fridley City Code. 10. The petitioner shali install a 6' - 8' screening fence along the north and east lot lines, abutting the R-1 ioning, starting at the southeast comer of the fire station. 11 12. Any expansion of the facility or exte�sion of hours of operation must be reviewed and approved by the Planning Commission and City Council. Garbage hauling from the site sha!! not occur before 7:00 am. nor after 7:00 p.m. PLANNINC COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. 2. The petitioner shall provide an additional 13 Vees to the landscape plan, 30% of which shall be evergreen. The petitioner shall submit the specifications for staff review on prairie plarrt varieties. 17.07 r z; � Staff Report SP #96-09, by Sirny Ar+chitects,. Inc. Page 8 3. =' The petitioner shall provide maintenance of the prairie plar�s tor a mirumum of three y�rs to insure proper growth. 4. 5. 6. 7. 8. The entry and exit signs shall be reduced � four square feet in are�. The petitioner shali submit hydrologic calculations to the Engineering Departm�t in order to review the grading and drainage plan. The petitioner shaU submit an acc�table form of as.surar�ce in the amount of 3% of the constn�ction cost � insure completion of the outdoor improvemerrt.s. The landscape plan shall indicate inclusion of underground sprinkling. The noise lev� from any irrtercom system shali not exceed the decibel level set forth in the Fridley City Code. 9. The petitioner shall install an 8 foot' screening fence along the north and east lot lines, abutting the R-1 zoning, starting at the southeast comer of the fire station. 10. Any expansion of the faciGty or extension of hours of operation over one hour before and after the proposed hours must be reviewed and approved by the Planning Commission and City Council. 11. Garbage hauling from the site shall not occur before 7:00 am. nor after 7:00 p.m. � 7.�8 0 SP ��96-09 i rf �.. . . . � x�y. ^ . . . . . . . . .- - . . ._� .bh:. - . . ... . . -.. . , ' . � � SP #96-09 6303 Central Avenue US Federal Credit Union LOCATIQN MAP �= � V �w , ��` �� , �� : � � , t � �� I � ; ,:; � L+ �� ' �i� . �; ' � � � 1 � . � �.,. ;� i�ifl�►►�� { Yi � s , SP �� f3 ��;� � �s i � �j'i , � � � �� _' ��f�� y°a'i ..�'r�' ��i,�- J �: � �� ;� . � � � �� . � z : � . �� ;. 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I ' � :�i Qa z �, _�_� ; w wQ �z Z 5,aj �� ,� O i 17.12 __ ""�' ""_"�� ^ i { , I � t ";' i I � I �� v) ? I , - �;i _�. , ,. .. � .�_ , . . ,,�;_ . . :z_ ' .+! . 1 . . . . '' •� i U.�7 " l A R C H I T E C T S I N C FEDERAL CREDIT PROJECT INFORMATiON NAME and ADDRESS of PROJECT U.S. Federal Credit Union Fridley Branch 6305 Central Avenue Fridley, MN 55432 LEGAL DESCRIPTION Survey available if required Lot 17 and 28, Block 2 Spring Valley, Anoka, MN NAME and ADDRESS of APPLICANT, ETC. Applicant Sirny Architects Architect Sirny Architects Owner of Record U.S. Federal Credit Union DESCRIPITON of INTENDED USE Intended Use Building Description Occupancy Type Occupanry Load Credit Union facility for members Includes drive-thru function Single story, brick exterior (7,950 s.f.) Financial Institution 68 per State Building Code �7QSTING ZONING & LAND USE ��S , Existing Use Vacant lot Existing Zoning C-1 U1IIION 612.341.1070 612.341.1070 612.851.5800 Proposed Credit Union banking facility C-1 with Special Use Permit for drive-thru function 17.13� SIRNY ARCHITECTS • U.S. F$DHRAL CREDIT UNION • FRIDLEY BRANCH • PAGE 1/2 100 UNION PLAZA 333 WASHINGTON AVENUE NORTH • MINNEAPOLIS MINNESOTA 55401 T E L E P H O N E 6 1 2/ 3 4 1 • 1 0 7 0 • F A C S I M[ L E 6 1 2/ 3 4 1 • 2 1 2 4 a JOSEPH L. PERKOWSKI PRESIDENT (612) 851-5800 : March 1, 1996 Mr. Scott H'ickock Planning Coordinator City of Fridley Municipal Center 6431 University Avenue NE Fridley, MN 55482 Dear Mr. Hickock: 2772 EAST 82ND STREET BLOOMINGTON, MN 55425-1372 I have had discussions with our architect about the necessary extension of City utilities to our site. We are concerned about the significant additional work and cost we may have to sustain. We believe that City utilities, especially in a City as progressive as Fridley, should be available to the property owner reasonably adjacent to the property. As you well know, this site has sat vacant for some time, and earlier attempts at development have fa.iled. At this time, the City of Fridley has been very supportive of our intentions to build on this site. in ii�h�t of tne Lity's support, we iook forward to operating at our new facility in your community. However, as part of this site's development, there is also significant site prepazation work in addition to the utility extensions. There are substantial efforts and costs necessary to bring the poor soil bearing capacity up to the necessary level. Large portions of the site will require excavation and removal of 5-14 feet of poor soil and as you know, nearly half of the site is not usable due to the wet lands designation. In light of the consid�erable costs necessary to develop a mazginal site, we feel that the City should provide utility access at the site's perimeter andlor R.O.W. as is usually the norm. We are pleased with our current location within your community, and this is one of the reasons why we originally intended to develop this particular site. We look forward to improving this site and being an "upgaded" member of your community. However, we feel that it is not unreasonable to expect utility access in close proximity to our site. We feel strongly that our 17.15 � �...�. . . . .. r.�:. . . ' . . . project will enhance the area significantly, contribute very gositively to the City tax base and grve us the opportunity to better serve. our 6,000 members in the area, many of which reside in the City of Fridl eY• Please call me at yow earliest convenience so that we can discuss the issues involved and meet with you if necessary. Sincerely, �� ° Joseph L. Perkowski Presidern CC Lawence Page, Sirny Architects Inc. JLP/ly 17.16 � � , . .. � � P C U � �Sl 4�� *�"�MES��' JANE K. PEMBLE Tra�c Engineer November 20,1995 Rick Lavelle Sirny Architects, Inc. 100 Union Plaza 333 Washington Avenue Na. Minneapolis, NIN. 55401 COU NTY 4F, ANOKA Public Services Division � HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 (612) 7543520 FAX (612) 754-3532 RE: Site Plan US Federal Credit Union Dear Mr. Lavelle: We have reviewed the site plan for the US Federal Credit Union, to be located east of CSAH 35 (Old Central Avenue) between CSAH 6(Rice Creek Rd) and 64th Avenue NE withi.n the City of Fridley, and I offer the following comments: Existing right-of-way adjacent to CSAH 35 should be adequate for future reconstruction purposes, provided that CSAH 35 remains an urban section in this area (50 feet - total R/W width east of CSAH 35 R/W centerline). Given the fact that Old Central Avenue is a County State Aid Highway, and the short frontage on CSAH 35 for this site, it is recommended that the access plan be revised to consist of one access onto CSAH 35 only, with an intemal loop road around the entire site (see enclosed sketch). Calculations must be provided alon� with agrading and erosion control �lan that deli.neates the drainage areas for this site. The post-developed rate of discharge shall not exceed the pre-developed rate of d�scharge for the 10-year frequency storm, utiiizing the "Rationale 1Vlethod" of design to determine the rate of discharge. An access permit and a permit for work within the County Right-of-Way is required a.nd must be obtained prior to the commencement of construction. Contact Roger Butler, Traffic Engineering Coordinator for this department, for further information regarding the permit process. 17.17 Affirmative Action / Equal Opportunity Empioyer ....; .i _ R -2' Thank you for the opportunity to comment. The Developer of the City of Fridley should contact me when construction of the new access is near completion so that a stop � sign installation at CSAH 35 can be coordinated by this departmen� Feel free to contact me if you have any questions. Sincerely, � �^� ,e..,— Jane Pemble Traffic Engineer xc: Roger Butler, Traffic Engineering Coordinator � Barb Dacy, City of Fridley dmh/lUSCU 17.18 F � . . + . � ` � �Y C! . 'a ie - � -. � •. . �. ' � - �. ,.�' � � y��-:,�-7i}'''Yd <r, �-ti " y� s' a.' . 'l.' ; t r ;, � D4 � � x �iti �- L V. _� �s'�+'�' r s : r F� i ;� n P ` �@ v y„„ tii - , , 2 �y < . Er7 �� 't^ �...t"r.?� i ....��v-r s','R�.isi ��,'�`.��,�Ya:1 . . . �� .••r ,r.� •��,: t. . . J . . �' 1 _ � �� , � ��. 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' _ ��• A - ii. � t.i p r _i i'�i� � ` � _ _ 1� � `.-t: J , � - 1 ., • • , � `' �- -�-.�� . .� �rt� . . . _2��-. � , , I� � � � ��r� �:� �:- � .� -Y . � �- `Q f ' : •. .:.� _!. e 'L; _ . � O � �. ` ' ' ,�- ; _ � r � . 0 � . ` - 1-. � + - . . .. . }' I~ ` �' � . ' . . _ ., : s � r 'rr��'� = `�- :►� ��J`_ \ -�r' � � � _- __ . �_ , ��%��. _ ==- _ --- _ _=- � � ° � ;`�t� ��:�'�: 5��:��,� :� _ } Yr .� � � �� - . --- ... � -- - �t, . , :. .�. . �_ �y± _ .- \� � � , �, �J, �''-"� Jt . -.� ' .� ' y: ,_(' . \ ' � . e .l'� �^�t r a,�r-.. �'J ' . _'�'� '• . ' r l �•�. , � � /�,�J �a~ � ^�1 1�' . . t `��'_',' . . � ( � s� - �r: _ ` F , _ t , � . E �/ - ,, . � ^, . ., _ . .. ,� , � ";.. ��,.. TO: � FROM: DATE: SUBJECT: City of Fridley Michele McPherson, Planning Assistant Jon Wilczek, Asst Public Works Director Apri124, 1996 Federal Credit Union Construction Site - 6355 Central Ave PW96-092 The projects fits in well with the area as far as traffic circulation and land use grade. There are � two areas of concern. The first is utilities. Although the watermain is easily accessible from the front and there is a service valve located at the south property line of Fire Station No. 2, the sanitary sewer poses some problems. The sanitary sewer is either available at the back of the property or at the front of the Fire Station property. If the developer decides to connect into the sanitary sewer at the frant of the property (west side of the property) it would require excavating in front of the Fire Station. This would result in the loss of the road, the landscaping and the parking lot and driveway of the Fire Starion, all of which would have to be replaced in as good or better condition than existing. If the contractor chose to connect into the sewer at the back, this would result in a short term disruption of an existing wetland plus long term effects being the loss of 6 or ? medium to small size trees. No matter where the a sewer connection is made, the excavator will have to deal with a high water table. It is noted that the surface elevation of the sewer in the back is approximately at the same surface elevation as in the front of the property. The second area of concern is that although the developer has shown retention ponds to protect the wetlands, they do not seem to have the capacity to affect any type of detention and therefore protect the azea from higher water levels than are existing. The developer did not provide me with any calcs for the pond, but just by the depth and general geometry, it does not appear they �will result in enough detention to meet City Code. This could enhance the apparent water prablem in the back yards of the Dahlberg's and Schwartz's. To gain some type of detention area, it may be required that the developer do some more excavating in the rear part of this lot. Rather than building up to create ponds which has resulted in some filling of the low lands, he would have to excavate down. If the developer chose to hook the sanitary sewer service in the rear we could enhance the water storage capacity in back of the property by doing some swaling. This would help to alleviate the apparent problems in the back yards of the Schwartz's and Dahlberg's. If you have any questions and/or comments, feel free to contact me. ,jW:cz 17.20 �.. � 05/01/1996 10:03 612-341-2124 _ �� SIRNY ARCHITECTS PAC� 0I A R C� Ii i T E C T 5 t N C 30 April 1996 ._. .__ . : Post it` Fax Note 7671 �° ► Ms. Michelle McPherson City of Fridley � Te F'°'" '� 6431 University Avenue N.E. � co.rc�� •.y �}} Fridley, MN 55432 �„� R+o�e.�wr_,.,�, � � RE: US Federal Credit Ur�ion (USFCT,J) Special Use Permit Response to Staff Report Y?eaz Ms. McPherson: In order to make things go snwother at Wednesday night's Pla:u�ing Commission meeting, we wanted to respond in advance to the stipulations listed in the staff report. 1. USPCU will add the 13 trees as requested, with 30% or more being evergreen. 2. Listed below are the prairie grass and IIower speciea: A Seed Mixes: Seed shall be c�omaueraally available northem vari�e�ties or coll�eceed within 200 a�ites of site. Mix No. I (t?ry mix): Mix No. Z (Wat mix): Little bluestem ( n scopa:ius) 12 pazts Big b�lueseem ( o� geradi) 3 parts Side oacs grama (Bou curap�„dula) 2 pares little bluesaeaZA�apogan arius) 8 para Blue grama (Boyteloua grac�is) 1 put [ndian gr�s (Sor�atrum nu � 4 pacts B. Flowers: Plar►t m.�terials shall be individually grown in con�iiners or shall be bare root stoelc gatheced Erom local sources. C Species shall be as selected by the Architect Erom the following plant Iisb. At least 20 species will be select+ed Erom each sgeaes �P (dry or wet) Dry 9yecies Allium sbellatum Amorpha � Anerr�os�e ryta�s�� Antennarsa �� Asclepias ova lia Ascelpias tubeYOaa Asclapias vertic�illata Aster azureus Aseer ericoides Aster i.aevis Asber ptarcnicoides Bouteloua hirsata Bromus Kahxti Carnpanula rotundifotia Chrysopsis villosa Coreopsis palmata Echinacea angusti6olia Euphorbia corollata G�eum oci�o�ura � Helianthus laetiflorus Helianthus occideatalis Heuchera richazdsanri Koeleria cristats Lialris aspera lili�osp�meun pr�eseens li ca�liniertsis Monarda fistulosa Oenothera prerennis Potemtilla arguta Rudeekia hirea Solida,ga nemoralis Sporobolns he�rterokpis Stipa spartea verbrns ser3cta Vioa pedatifda �Syec:�� tach um canadaroe Anecmne canadensis Asclepias incarnata �as ovalifolia Astes aevis Asber novae-angliae Elymus canadei►sis Eupaeoreurn prupue+ean Galium borale Gentiana andrewsii Heiesvum autum:+ale Helianthus laetiflorus Hliopsia helianthoid,es Liatrus aspera Liatr� pycnost�chya ta�eL'a siphi]itiea Lobetia spieata Monarda Fistulosa Phlo�c pilo a�� rnyan virg�r�n�aAn uiieckia hirta Senecio paupertalus Smilacina stellata Solidaga riddellii S� pat��d'n�a pe� ta Z7u�lict:unn dasycarpum Ve:bena haetata Veronia fasci�ulata Veconi,c.astrum aptera �� 17.21 I00 tJN10N PLAZA 333 WASHjNGTON AVENUE NORTH • MiNNEAPOLIS MINNPS01'A 55401 TBLFI'KON$ 6��/341 • 1070 • FACSlMILi 61 2/34I • 21 24 05/0i/1996 ie:e3 612-3ai-212a SiRNY aRCHiTECTS PAGE 02 � • M�s.A1GI'uhe191e6McPlursoa : Pa8 Z �� 3. Weprefer the honey locust for its ultinwte size aund the lacy fiexhue that will complenu�t the building arclutecture. The locvst trees will be plant�ed in turE areas, thus compaction of the drip line area should not be an issue. . : 4:� USFC'U w�l a►aintain the prairie pla�ttings a minimvm af three years to establish Iong term 8=��- 5. , The entry and exit signs will be reduced to 4 square feet m area. 6. Hydrologic calculations will be fo4wazded to the City Engineer. The same cakulations were submitted to the Rice Creek Watershed District (RCWD) for their approval. On 24 April 1996, the RCWD gave approval to this project contingent on 2 minor itea�s. (identifcation of overElow struchtre for north pond, additional erosion controls including rip rap at storm outialls, a�nd additional silt fence along the west side of the fa�cility and parking azeas) 7. USPCU would like r.o dixuss alten�wtives to a per%rmance band. 8. The sifie will include undergraund sPrinkling- 9. USFCU will ensure that its equipment supplier and drive up teller speaker equipment will cemply with Fridley's required deabellevel. 10. USFCU will install 6-8 foot screening along the residential property lines as described in the report. If acceptable, the credit union would prefer to provide the screening with a combination of Eencing and evergreen (plant materials of the proper height, spacing and density fo� adequate screeni�g). 11. ?he buildable area of the site is maxiatized, so expansion of the facility is virtually not possible under the cuaent conditions. USFCU does not anticipate operating late into the evening hours. However, they would like some flexibility with adjusting hours of operation to meet the comatunity's needs. It seems burdensome to both the City and USFCU to seek review and appzoval by Planning Comnnission and City Council evesy time for minor changes. USFCLT would like to discuss the possibility of defining a"window" of potential operating hours. We unde�rstand that the autaala�c teller machine (ATM� is not an issue. 12. Garbage will not be hauled from the site before 7:OQ A.M. or a�ter 7:04 P.M. If you would like to discuss these items, please feel free to call. Respectfuily, SIRNY ARC�IITECTS, L.L.P. � �� Laur Page c 7oe Perkowski �'hil Bachman Doris Murawski 17.22 OFFICE OF CITY COUNCIL 307 City Hall Minneapolis Minnesota 55415-1383 Phone: 673-2209 KATHY THURBER COUNCIL MENBER, NINTH WARD May I3, 1996 Joe Perkowski U.S. Federal Credit Union 2535 27th Avenue South Minneapolis, Minnesota 55406 Deaz Mr. Perkowski, Thank you for contacting my office regarding your expansion plans. inneapotis CltIJ Of �ILI�C�.Y In response to your inquiry, I contacted the neighborhood association, Seward Neighborhood Group (SNG). I also called the business association, Seward Redesign. As you know, with the planned redevelopment of your comer, both groups have had a lot of co�tact with residents and businesses in the past several years. All three of us agreed that you have been a good neighbor in the Sewazd Neighborhood. Neither my office nor the Seward Neighborhood Group have received any complaints related to your business or your drive-thru operation. And in approaching you about the redevelopment issues, both SNG and Seward Redesign have found you to responsive and cooperative. I appreciate your commitment to the Seward Neighborhood and the City of Minneapolis. I am happy to wish you luck with your expansion plans since I get to preserve your presence in South Minneapolis as well! Sincerely, Kathy Thurb r Ninth Wazd Council Member cc: Rich Thomasgard, (812) 673-2157 FIRMATIVE ACTION EMPLOYER _ � •� � � � ""r� f � - � Recycled Paper 30°6 Post Consumer Fiber DESCRIPTION OF REQUEST: The petitioner requests that three varianc.es be granted; 1. To reduce the hard surface setback along a public right-of-way from 20 feet to 13 feet and 7 feet; ' 2. To reduce the hard surFace setback from the side and rear lot lines from 5 feet to 0 feet; 3. To waive the requirement for curb and gutter around the parking lot. The l�etitionei' recently receaved a special use peimit to construct a two-story office addidon to the existing c;u' deale�hip. The variances requested are for items stipulated as conditions of approval for the special use permit. HARDSHIP: See letter dated April 12, 1996, from Phillips-Ktein Companies, Inc. APPEALS COMNIISSION ACTTON: The Commission voted to make the following recommendations to the City Council regarding the variances requested: 1. The Commission voted unanimously to recommend approval of the request to reduce the hard surface setback from the public right-of-way from 20 feet to 13 feet and 7 feet. 2. The Commission voted unanimously to recommend approval of the request to reduce the hard surface setback from the north property line from 5 feet to 0 feet. They aiso voted unanimously to allow the petitioner 3 years to comply with the 5 foot hard surface setback along the east property line. . 3. The Commission voted unanimously to waive the curb and gutter requiremern along the north property iine. The Commission concurred with sta�s recommendation to de�+ the variance but to allow the petitioner 3 years to install curb and gutter along the south and east property lines. CITY COUNCII. RECONIlVIENDATION: Staff recommends that the City Council concur with the Appeals Commission actioa 18.01 S+�{� . � i .Y.. . � . . . . �OLL R� . . � . . .� �. . � � �.. .. . . . � VAR #96-08 by Roger Moody, Friendly Che�vrolet = . Page 2 P�ROJECT DETAILS Petition For. I.ocation of Property: Legal Description of Property: Size: Topography: Ezisting Vegetation: Eaisting Zoning/Platting: Availab�7ity of Municipal Utilities: Vehicular Access: Variance to allow an exis�ing noncor�fornring parldng lot to reinain 7501 H'ighway 65 N.E. Legal in file 287,496 square feet; 6.6 acres � Typical suburban C-3, General Shopping Cerrter District; unplatted Connected H'ighway 65 Service Road Pedestrian Access: N/A Engineering Issues: NIA Site Planning Issues: DEVELOPMENT SITE Reauest The petitioner requests that three variances be granted: L To reduce the hard swface setback along a public right-of-way from 20 feet to 13 feet and ? feet; 18.02 Staff Repo�t VAR #96-08 by Roger Moody, Friendly Chevrolet Page 3 2. To reduce the hard surface setback from the side and rear lot lines from S feet to 0 feet; ; 3. To waive the requiremern for curb and gutter around the parldng lot. The petitioner recently received a special use permit to construct a two-story office addition to the existing car dealership. The variances requested aze for items stipulated as conditions of approval for the special use pennit. ProaeMv Historv The subject parcel is located in the northeast corner of the nrtersection of H'ighway 65 and Fireside Drive. The property was first used in 1960 as a mobile home sales and display lot. In 1960, the City issue�ci a building perrnit for the canstruction of a 49 feet by 72 foot workshop and oflice space. Subsequern building peanit activity aze as follows: 1963 - Construction of a 24 foot by 24 foot detached garage 1964 - Construction of a 120 foot by 140 foot mobile home sales and service building 1965 - Cor�struction of a 100 foot by I50 foot storage and sales addition 1971 - Construction of a 120 foot by 232 foot addition and issuance of special use pernut, SP #71-10, for new and used car sales 1978 - Construction of a 48 foot by 150 foot addition 1982 - Approval of a special use permit to park new vehicles on the Kurt Manufacturing property located to the north In 1971, when the building pernut was issued for the car dealership, several stipulations were included on the building permit: � 1. Curbing to be installed azound blacktop parking and driveway areas located in frorn of the building 2. Parking spaces or parking areas to be marked for cars 3. Curbing to be provided along blacktop area along F'ueside Drive sometime in the future. (A date was never established for installation of curbing along Fireside Drive based on the 1971 permit.) 18.03 Staff Report � VAR #96-08 by Roger Moody, Frieadly Che�vrolet Page 4 Ana sis Staff has reviewed the petitioner's variance request. The analysis is as follows: Bu�7ding Setbacks The proposed addition met all the bu�ding setback requirernerns set forth in the C-3, General Shopping Center district code. Parking Located on the prope�ty are 586 parlang spaces. For the use, the code requires 76 spaces. If the use were to change, the speailative parldng ratio of one space per 200 square feet of building would require 196 spaces. Parking Setbacks Setbacks from the Pteblic RiQht-of-Wav The petitioner is requesting a variance to re�iuce the parking setbacks from the public rigirt- of-way from 20 feet to 13 feet (East H'ighway 65 Service Road) and 7 feet (Fireside Drive). In the hardship letter, the petitioner indicated that the service road and F'ueside Drive were both constructed via road e��sements as opposed to dedicated right-of-way. Regardless of how the roads were constructed, the setback should be met. In a previous letter to the City Council, the petitioner has also indicated that they intend to repave the entire parking lot. Since the petitioner is proposing to improve the property at this time, it is an oppommity to bring nonconforming properties into compliance with the code. The petitioner has also indicated that by complying with the hard surface setback requiremerrt, 51 parldng spaces would be lost. There are 586 parking spaces, exceeding the number required by code. The loss of parking spaces would not adversely impact the site in tenns of the code requirements. The loss of parking spaces would, however, limit the petitione�s ability to display vehicles on the site. Increasing the hard s�uface setback from the public right-of-way, especially along Fireside Drive, would increase the amowrt of landscape buffering area and would provide an opportunity to screen the use from the adjacent R-4, Mobile Home Park, zoning to the south. The City has previously granted variances to reduce the hard surface setba�ck from the public right-of-way to 0 feet. Setbacks from the Side and Reur Lot Lines The petitioner requests that a variance be granted to reduce the hard surEace setback from S feet to 0 feet along the side (north) and rear (east) lot lines. 18,04 Staff Report VAR #96-08 by Roger Moody, Friendly Chevrol� Page 5 Located to the north of the subject parcel is Kurt Manufacturir►g. Gtivrendy, the subjec� parcel and the property to the north share a common hard surFace area with a chain link fence separating the two parcels. A portion of the Kurt �$ P�P�Y �� bY : the petitioner for storage of new vehicles. The G3 district dces permit a common drive " which is approved by the adjoining property owners and the City. While this is not a common drive situation, it is a common parldng situation, and the City could choose to approve this variance request. Located to the rear of the subject parcel is a vacant property. The petitioner does not have the required S foot hard surface setback along this property line. It would be appropriate at this time for the petitioner to establish the 5 foot hard s�uface parking setback to define the edge of the parking and provide an opportunity for screening between adjacent uses, should the adjacent property develop. The City has not ganted azry variances to reduce the hard surface setback from the side and rear lot lines. Curb and Gutteir Requirements The petitioner is requesting that the City grant a variance to waive the ca�rb and gutter requirements for those portions of the property adjaceent to the south, east, and north property lines. If the City grants the variance to reduce the hard s�.uface setback from S feet to 0 feet along the north property line, it would be appropriate to waive the curbing requiremerrt for that portion of the property. The City, while receiving variance requests to waive the curi� and gutter requirements, has not approved such variances. RECONIlV�NDATION/S'T�PULATIONS: Staff has the following recommendations regarding the three variances requested by the petitioner: As the City previously granted variances to reduce the hard surface setback from the public right-of-way from 20 feet to 0 feet, the petitioner's request to reduce the setback to 13 feet and 7 fcet is within the previously granted requests. Staff has no recommendarion regarding the request to reduce the hard surface setback from the public right-of-way. � 2. The City has not granted a variance to reduce the hard suiface se�tback from the side and rear lot lines; however, the C-3 district does allow a common drive between two properties. Sta� recommends that the Appeais Commission approve the reduction of the hard surface setback from the north property line from S feet to 0 feet and deny the request to reduce the hard surface setback from S feet to 0 feet along the east property line. 18.05 Staff Report VAR #96-08 by Roger Moody, Friendly Chevrolet Page 6 3. The City has not granted a variaix;e to waive the c,�u�b and gutter requirements. Staff recommends that the Appeals Commission deny the request to waive the c�rb and gutter from along the southeast and north property lines. As a condition of approval, staff recommends the following stipulation: The petitioner shall comply with the stipulations set forth in Special Use Perarit, SP #96-04. APPEAIS COMIVIISSION ACTION: The Commission voted to make the follow'sng recommendations to the City Council regarding the variances requested: 1. The Commission voted unanimously to recommend approval of the request to reduce the hard s�uface setback from the public right-of-way from 20 feet to 13 feet and 7 feet. 2. The Commission voted unanimously to recommend approval of the request to reduce the hard suiface setback &om the north property line from 5 feet to 0 feet. They also voted unanimously to allow the petitioner 3 years to comply with the 5 foot hard surface setback along the east property line. 3. The Commission voted unanimously to waive the curb and gutter requirement along the north property line. The Commission concurred with sta�s recommendation to deny the variance but to allow the petitioner 3 years to install c�ub and gutter along the south and east property lines. CITY COUNCII. RECONIlVIENDATION: Staff recommends that the City Council concur with the Appeals Commission action ADJACENT STTES WEST: Zoning: R-4, Mobile Home Park Land Use: Mobile homes SOUTH: E T: NORTH: Zoning: R-4, Mobile Home Park Zoning: M-1, Light Industrial Zoning: M-1, Light Industiial : 1 . Land Use: Mobile homes Land Use: Vacarn Land Use: Manufacturing fa�eility Staff Repo�t VAR #96-08 by Roger Moody, Friendly Che�vrolet Page 7 Comprehensive Planning �ssues: Piiblic Hearing Comments: Cwre�nt zoning is con4istent with the Comprehensive Land Use Designations. No one spoke regarding the request. 18.07 ,: � 4 N'1'Jl3'101� c� - ' - 9911MF13?r t09L 5� .� � R � y °a(� `OO �7� �O�lG�7C� A�O[��]D� °' � ;� �� riaLaav �o r�oodnnoHS � 1s� � : . 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II a: II �� l l � � I �: � � r � � ( _ �� ; �i �q- -- t� �'> [ t!� u�w � PHILLIPS•KLEIN Gompanies, In�. - General Contractors/Architects Ap�il 12� 1996 � ; City of Fridiey ` Community Devebpment Depa�tment 6431 University Avenue N.E. Fridley, MN 55432 RE: Showroom and Office Addition Friendiy Chevrotet, Geo, fnc. 7501 Highway 65 N.E. PKCI Case No. SP #96-04 ATTENTION: Michelle McPherso� Dear Ms. McPherson� The petitioner for the above referenced project request a variance from the aty zoni�g ' ordinance as stipulated in you staff report as follows: 1. The Boulevard along the East property line (Hwy. 65) be granted a variance from the 20 foot hardsurface setbadc. A. The ce�ter po�tior� of the beulevard direcdy in frorrt of the buildir�g is in ��; compliance with the 20 foot setback . � i�. , . _ ' � . ..J.�M�`/ S+y:. . . .. � .. � �e . . ., , . �...._ . ._._ -.. .. ' . . : . iX',1' , ' ' B. The setbadc for the remaining portion of the boulevard is approximately 12 feet and is the historical estabiished setbadc line. . C. A survey of the property prepared by Bolton and Menk� Inc. dated September 3� 1991, indicates that the preserrt fro�rtage road abng the East property i�e (Hwy. 65) and Fireside Drive is constructed on this property via a road easeme�rt. This road construcct"ion a�d easeme�t has had significant impact on the hardswface setback. , D. The cuRent proposal provides for installation of n�nr curbing along U�e perimeter of the pa�king bt at the West property line. This is as stipulated on the 1971 building pennit issued fo� a p�evious owner. E. Except for curbing, the frorrt yard boulevard is estabi'ished with security fencing - (wood boilands) and parking bt light poles. An electrical perimit was issued in 1995 fo� repiaceme� of the parking lot GgM potes, with the existing hardsurface setback. Expansion of the boulevard would require removal and �ebcation of parlcing lot lighfi�g. 2. The parking lot perimeter abng the North property li�e be grarrted a variance from lnstallation of curb and gutte�. . 708 North First Street, Suite 334, Minneap t"is� �� 55401 (61 � 341-3081 FAX 341•3240 .• 3. A This is an iMe� prope�ty fine. The adjaceM land is zoned AA-1 fight industrial and the la� use is manufacturing. There is a common G' high chain link security fence along the Pmpe�tY Nne• B. This portion of the prnperty is used for display af new vehicles. Vehides are pa�lced and d�splayed �art� sold. There is no customer or empbyee parki�g abng ifiis pnopeRy Nne. C. The ad"I��9 ProP�Y awner has no setbadc or curbing. The boulevard area abng the South property line (Fireside Orive) be granted a variance from the 20' hardsurface setbadc. A. A survey of the property prepared by Bolton and Menk. inc, dated September 3. 1991. indicates that the present fm�age road abng the East property line (Hwy. 65) and Fireside Orive is constructed on this property via a road easemeM. This road construc� arid easemerrt has had significant impact on the hardsurface setbadc. B C. Expansion of the hardsurface setback would resuR in a net bss of approximately 51 parkirg stalis. The property has a 20 foot hardsurface setbacks requirement on two sides because of strest frontages. e PHILLIPS KLEIN Companies, lnc. wili provide a revised fandscape plan as stipuiated in your *-e�f ..i'C .. .;r: ,1�11 (e�(t, �`F' N'+Y'? . � . . .. � .,. . . . .. . .. . . ,.4._ .<�., .._ If you have arry questions, please oontact me at 341-3081. ,. .��+�s:;K� . , .. ;.. .,• - :. . . _.., . . . • .. . ,� �...:-�" . .. .��y.�.,'.. . . � . S�ncerey, PHILLIPS KLEIN Companies, Inc. ,•��,:W� . �/� � , ► � 1� ' Michaet J. Klein, P►rchited Vice Preside�rt . �'�8.�2� _ r . CHL'V801,�'T � GL70, 11VC. 7501 N.E. Hwy. 65 • Fridiey, MN 55432 •(612) 786-6100 Mar��i 29, 1994 Ms. Barbara Dacy, AICP Commuriity Developement Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 RE: Trailer Permit Application Dear Ms. Dacy: We are requesting Council approval for the renewal of our trailer license that we use for a training center. We are a recent new company in Fridley beimg established in September of 1991, and since our opening, have made the following improvements to the property: ** Installed a sprinkler system to bring the building into compliance with the Fire Marshals recommendations. ** Spent $90,000.00 in interior improvements in remodeling the showfloor and offices. ** Spent $71,000.00 for a new paint booth to meet the new requirements for air quality standar�s. ** Spent $120,000.00 for a new computer system. ** Spent $6,000.00 for painting the exterior of building. ** Spent $9,000.00 for seal coating the parking lot. During the next five years we have the following planned improvements with an estimated cash outlay noted ior each: ** Reroof the entire building - $125,000.00 ** Install new exterior lighting - $90,000.00 ** Repave entire lot - $150,000.00 ** Enlarge the showfl�or -$200,000.00 18.13 Friendly Chevrolet Geo has continued its growth since�September of 1991 and listed below are some of our accomplishments: ** We were in the top 3 for sales volume for all Chevrolet Geo dealers in the metro area. ,�** We now employ 77 full time employees and 10 part tima employees with an annual payroll of $2,592,543.00. ** Real Estate Taxes paid in 1993 were $59,661.32 ** We have made $8,000.00 in contributions in computer eqiupment to local schools as a part of the Driving for Education program. ** We have made a$2,000.00 contribution to the Anoka Animal Humane Society. We feel that we have been a good corporate citizen and would appreciate your recommendation to the Council for approval of our trailer license. ° Sincerely, � -- Roger J. Moo President 18.14 Date: City of Fridley, lVlinn. 6431 University Ave. N. E., Minneapolis, Minn. 55432 � ' ' ' November 11, 1971 PERMIT �� f � Owner: Viki�Chevrolet Bculder __ Biagini Bros. Inc. _ Address _.__.___7S.Q1_Highiaa��4 Address 1Q64 Payne Avenue St. Paul 7501 Highway � ��TION OF BUIIDING No. ��-}-.of-pal�� -�-35-fi--& . . �L��'O� � ec ion �t -------___.__ Block _.___ __ Addition or Sub-Division _ _ Corner Lot ______,__ �side Lot Setback _ Sideyard Sewer Elevation To be Used as: Foundal3on IIevation DESCRIPTION Of BUtLDING I_ 1I Car Dealership �ont 120' Depth ge;ght Sq. F't _27,800 �, �, -�_�, . Front DeP� Height Sq. Ft, ay � Z�pe of Construction Concrete Block �� $.18, 000.00 Z,a be Completed - 3/1/72 & Frame Stipulations: - �!-�1. Curbin$ to be installed�around blacktop parking & driveway areas located in front of building. 2. Parking spaces on parking area to be maicted for cars. '� 3. Curbing to be provided along blacktop area along Fireside Drive someti.me in � the future. 8. Provide 30' � 4. Landscape & planting to be a y y, planting strip 1 pproved b the Cit directly in front of bldg. ., S. Slats in existing bullpen area. 8. Provide 15' planting strip 6. Provide �-security lighting. along west side of 2 parking lot.s 7. 10' radii on allblacktop corners, located to the N, b� S. of Bldg. In consideration of the issuance to me of a permit to construct the building descn"bed abov� j agree tp dp the proposed work in accordance with the description above. set forth and in c�4mp]ianc�e v�ith al� p�,pyy�p�,q pt . ordin,ances of the city of Fridiey. , 10. All remodel' �to be sub� ct to - Fire C es 9.0 e urc rge �� In consideration of the payment of a fee of $ • � t is hereb V�'�'� Chevrolet o��. �y �� ' � to construct the buildin � dil3on as described abov� This peru�it is gcanted u�t the express rnndition that the person to whom it is granted and his �� done in, around and upon said buildin or an �ents, employees and wor Y P�'t thereo� shaIl c.onform in all Tespects •to the oldinaIIOeS Ol' FYidle3'. Minnesota regarding location, construction� a2teration, maintenance, repair and moving of �Yithin the city limits and this permit may be revoked at any time upon violation of any of t6e provisions ub�p � ordii�ances. i� '�7��s� ��8 � H�nk Muhich NOTlCE: This permit does not cover the construction, iestallation for wiring, piumbing, gas heating, sewsr or wat�r. 8� sur� �o sw the B�ilding Inspeclor for separata psrmits for lhese items_ C� � . f,� It£ APPEALS COMMISSION MEETING, MAY 8, 1996 PAGE 2 2. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST. VAR #96-08. BY FRIENDLY CHEVROLET: Per Section 205.15.05.D.(5).(a) of the Fridley Zoning Code, to reduce the hard surface setback from the right-of-way from 20 feet to 13 feet and 7 feet; Per Section 205.15.OS.D.(5).(b) and (c) of the Fridley Zoning Code, to reduce the hard surface setback from the side and rear lot lines from 5 feet to 0 feet; Per Section 205.15.05.D.(3) of the Fridley Zoning Code, #o waive the requirement for curb and gutter around a parking lot perimeter; To allow an existing nonconforming parking lot to remain on the West 600 feet of the North 330 feet of the Southeast Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, generally located at 7501 Highway 65 N.E., Fridley, Minnesota 55432. MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:34 P.M. Ms. McPherson stated the petitioner is requesting three variances. The first request is to reduce the hard surface setback from the public right-of-way from 20 feet to 13 feet along the Highway 65 frontage road and to reduce the hard surface setback along the public right-of-way from 20 feet to 7 feet along Fireside Drive. The s�cond request is to reduce the hard surface setback from the side or rear lot lines from 5 feet to 0 feet along the north portion of the property line and the east property line. The third pa�t is to waive the requirement for curb and gutter around the parking lot. The requests are for 7501 Highway 65 N.E. which is located at the intersection of Highway 65 and Fireside Drive. Directly to the south is a mobile home court. Directly to the north is Kurt Manufacturing. Ms. McPherson stated the petitioner recently received a special use permit from the City to construct a two-story office and showroom addition on the north portion of the existing building. The use is a car dealership which is a special use in the C-3, General Shopping Center District. Ms. McPherson stated the property was first used in 9960 as a mobile home sales and display lot. In 1971, the City issued a special use permit, SP #71-10, for new and used car sales. In 1978, there was a substantial addition constructed onto the building. In 1982, the petitioner received another special use permit in order #o allow the parking of new vehicles on a portion of the Kurt Manufacturing property to the north. 18.16 APPEALS COMMISSION MEETING, MAY 8, T996 PAGE 3 Ms. McPherson stated staff has analyzed the request. The proposed building meets all the setback requirements of the C-3 district. The site also meets all of the requirements for parking spaces with 586 spaces on the site. The calculation for parking using the space as it currently exists requires 76 spaces. With the changes, the site would require 196 spaces using the ratio of 1 parking space for each 200 square feet of building area. The site meets code requirements. Ms. McPherson stated the petitioner is requesting the hard surFace setback from the public right-of-way be reduced to 13 feet along the west frontage and to 7 feet along the south frontage. Both of the service roads adjacent to the subject parcel were constructed on road easements as opposed to a dedicated right-of-way. Regardless of this fact, the setback should be met by the petitioner. The petitioner is meeting the 20 foot setback requirement in the front of the building in the middle po�tion of the frontage along the west property line. The petitioner has indicated they plan to do some parking lot improvements in conjunction with the addition and as part of their future property maintenance plan. At this time, it would be appropriate to meet the setback requirements. The petitioner indicated in their hardship letter that complying with the setback requirements would result in the loss of 51 parking spaces. This does not adversely affect the code requirements. It does, however, adversely affect the petitioner's ability to park new and used vehicles on the site. Increasing the hard surface setback along the public right-of-way, especialty along the Fireside Drive frontage, would provide an opportunity for additional screening for the mobile home park itself. The City has previously granted a variance to reduce the hard surface setback from a public right-of-way to 0 feet. Ms. McPherson stated the second part of the request is to reduce the setback from the side and rear lot lines from 5 feet to 0 feet. Located along the north property line is Kurt Manufacturing. Cu�rently, a portion of the Kurt Manufacturing site is used by the petitioner for parking of new vehicles. There is a common hard surface area with a chain link fe�ce separating the two parcels. The C-3 district does permit a common drive, when approved by the adjoining property owners and the City. While it is not a common drive, it is a common parking or hard surface situation. The City could choose to approve the variance request Ms. McPherson stated, on the east or rear portion of the site, there is a vacant lot directly adjacent to the subject parcel. The petitioner also does not have a 5 foot hard surface setback along this property line. The petitioner is proposing to do some improvements to the site. It would be an opportunity at this time to install the 5 foot hard surface setback to define the edge of the parking and to provide a screening oppo�#unity. The City has not granted any variances to reduce the side and rear lot iines. Ms. McPherson stated the third part of the request is to waive the curb and gutter requirements for those portions of the prope�ty adjacent to the south, east and north 18.17 APPEALS CONIlrlISSION MEETING, MAY 8, 1996 PAGE 4 property lines. The petitioner is proposing at this time to install curb and gutter along the west edge of the parking lot in conjunction with the addition to the building. If the variance is granted along the north property line, it would be appropriate to waive the curb and gutter requirement due to the shared parking situation. The City has in the past received variances such as this; however, the City has not approved such variances. In fact, the curb and gutter installation was a requirement of the 1971 building permit. Unfortunately, a time line was never estabtished with the previous owner for installation of the curb and gutter. Ms. McPherson stated staff has separate recommendations for each of the three variance requests. The firsf request is to reduce the hard surface sefback aiong fhe publ:ic right-of- way from 20 feet to 0 feet. The City has previously granted a variance down to 0 feet; therefore, staff has no recommendation regarding this portion of the variance request. The second part is to reduce the hard surface setback from the side and rear lot lines from 5 feet to 0 feet. The City has not previously granted a variance of this nature. However, the code does allow a common drive befinreen two properties. As there currently is a common parking situation befinreen the property owner to the north and the subject parcel, staff recommends approvat of the reduction of the hard surface setback along the north property line from 5 feet to 0 feet; however, to deny the request fior the same along the east property line. The third part is to waive the curb and gutter requirement. Staff recommends denial of the request along the east and south property lines and to approve waiving of the curb anci gutter requirement along the north property line if the variance is approved to rsduce the hard surface setback from 5 feet to 0 feet. Staff recommends the following stipulation: The petitioner shall comply with the stipulations set forth in the Special Use Permit, SP #96-04. Ms. Savage asked if one of the special use stipulations was that the variance request be approved. Ms. McPherson stated, yes. The wording of the stipulation by the Planning Commission was such that the petitioner shall meet code requirements unless the Appeals Commission approves the variance to maintain their existing condition. Denial of any of the variances by the Appeals Commission would not prohibit the petitioner from constructing the addition. They would just need to meet al1 of the code requirements. Ms. Savage referred to the common parking situation. The petitioner is allowed to park on the other side of the chain link fence that belongs io Kurt Manufacturing. Ms. McPherson stated the stipulation on the special use permit only allows the petitioner to park in the fenced-in area. In terms of the common parking area, it is such that there 18.18 APPEALS COMMISSION MEETING, MAY 8, 1996 PAGE 5 is parking by Kurt Manufacturing all the way to the fence between the two properties. It is her understanding that the petitioner does not store vehicles in this location. Ms. Savage asked if this situation would continue. Ms. McPherson stated the petitioner would need to answer that question. Mr. Kuechle asked the rationale for the curb and gutter in the parking lot. Ms. McPherson stated one function is aesthetic to provide a finished edge to a parlcing. The curb and gutter can also direct storm water drainage on the site and is sometimes used by developers to meet the detention requirements. They will sometimes pond storm water on the parking lot before it is released into a detention facility or storm water pipe. Curb and gutter also provides a physical barrier to automobile drivers from driving on landscape areas and open green space areas. Mr. Kuechle asked which of these goals staff is trying to accomplish. Ms. McPherson stated they are trying to accomplish all of them. The water no�v sheet filows off the property which is typically not permitted in terms of storm water detention. The City would like to see the aesthetic finish to the parking lot. While customers do not drive on green areas at this time, that could happen if the use were to change. Ms. Savage asked if there was a landscape plan required as part af the special use permit. Ms. McPherson stated the petitioner did submit a landscape plan for the west boulevard area for the installation of plant materials. The stipulation that related to the special use permit regarding Fireside Drive was to expand this boulevard area to the required 20 foot hard surface setback and provide the required landscaping and 3-foot or more hedge to provide screening for the adjacent residential property which worlc shall be completed in 3 years unless the petitioner obtains a variance therefrom. Mr. Klein stated he would like to review the rationale for the project. The building addition that has been proposed and approved by the City Council is for additional office and showroom space and replaces the existing trailer that is a temporary structure on the site. The trailer was granted a permit to be there on a temporary basis. The trailer is currently used as meeting room space which will be provided in the addition to the building. Mr. Kfein stated the setback requirement along Highway 65 has been established over time. There is approximately 13 feet north and south of the building and it is 20 feet in the center of the building. At one time, this frontage road was and still is the property of this site. An easement was granted for construction of that frontage road. The taking of this 18.19 APPEALS COMMISSION MEETING, MAY 8, 1996 PAGE 6 land was at one time granted for the frontage road. Last year, a permit was issued by the City of Fridley for the replacement of parking lot lighting. That parking lot lighting has been installed. If that hard surface setback were increased, those lights would be out of place. They are asking that the historic setback be granted because of the hardship of having to move those lights to a different location. Mr. Klein stated they are enhancing the existing landscaping along the frontage road and they feel they can provide the necessary landscaping within that 13 feet. When the present owr�er purchased the property, he called the City and had staff tour the property. The City identified deficiencies in the building. At that time, there was no identification of any zoning deficiencies. The hardship to the owner is, when looking at the property and seeing it in use, if he had realized these setbacks were going to be enforced over time, he may have looked differently at this property. They are asking the setback be left in its historic location because of the hardship of moving the lights and loss of parking spaces. They are asking that the setback for the west side be amended but not the landscaping and not the curbing. Mr. Klein stated the area along Fireside Drive has similar issues. Fireside Drive is a road constructed on land owned by the adjacent property owner. They are asking for a variance from a setback from 20 feet to 7 feet. They are not asking for a variance on curbing or landscaping but for a time delay on when those items will be put in place. That has to do with a second addition to the building. The first addition is showroom and office space. The second addition is a service write up space. This would be a separate facility from the service department. Cars would come in to be examined, write up the service required, and either taken in for repair or to the lot to be scheduled for repair. The planned locations are either to the south or to the rear of the existing building and construction is planned for tMe next 1 to 3 years_ When that project comes into play, that will affect the curb cuts along Fireside Drive and there may be a need to change other curb cuts into and out of the building. When that project is constructed, they would landscape and curb along Fireside Drive. Mr. Klein stated the other issue with the setback in force along Fireside Drive is the loss of 1 row of cars or 51 vehicles. While they have ample pa�king according to the code, it is not ample for a car dealership plus employees, customers, and service vehicles. The other issue with the setback along Fireside Drive is that this does not necessarily enhance the property. The property has what you might call two front yards because it is on a corner with two streets. If Fireside Drive were not there and they adjoined another property, they would not need 20 feet. The hardship is that this has two front yards. Mr. Klein stated that along the no�th property line, they recognize the City's desire to improve and beautify the present buildings. While that would be a goal, given the nature of the building next door and the fact that they were at the City to put on an addition and 18.20 APPEALS COMMISSION MEETING, MAY 8, 1996 PAGE 7 there was no requirement that Kurt Manufac�uring curb or landscape this common property line, to make this owne� curb and landscape at this time would get only half the job done. They could bring the curb line in and landscape to the fence line. If this is to work, it should be done on both sides of the fence. He did not think it was necessary given the use of the two properties. Mr. Klein stated that along the east prope�ty line, at this time they are not asking for a permanent variance on the curbing and setback. The owner is in the process of purchasing additional property directly to the east. The parcel is approximately 200 feet in width going back to Old Central Avenue. The owner is trying to swap a portion of this property with a parcel owned by Brinks Brothers. If the owner is able to do that, he would be able to develop the back of his property for the future development of the property. They are asking for a delay in putting in the curbing and not be required to meet the setback because of the future pianned development. They are asking for 3 years to work out these details. Ms. Savage stated it sounds fike some much needed improvements are in the works. On the north property line, how can that area be improved? Mr. Moody stated that area owned by Kurt Manufacturing is for storage parking. There is a 6-foot chain link fence. When they went there in 1991, there were no lights in the parking lot which they put in last year to improve visibility and reduce theft. He did not know what else they could do with that. Their goal for the area to the east is to have two nice square parcels for future development. He thinks he can accomplish that and thought it would be a plus. He would then have 11 acres which could be developed. Mr. Moody reviewed the pians for the addition. In 1991, fhey started with 31 employees, They now have 100 employees. Parking is very important. Ms. Savage asked if they planned to improve the existing building. Ms. Klein stated, yes. The new building will be stucco. Along the front yard, the bituminous currently runs from the parking lot to the street. They plan to remove the bituminous and establish a green space between the curb and the parking lot. Mr. Moody stated this is part of the improvements. The property will look better. The parking lot will be completely repaved once the construction is done. It would be paved to the end of the building. They will do the additional improvements and then repave the balance of the lot. The only reason there is a waiting period is because they do not know what their neighbors will do. He thought is was positive because they would get more frontage on Old Central. 18.21 APPEALS COMMISSION MEETING, MAY 8, 1996 PAGE 8 Mr. Klein stated there is aiso a curb cut that they couid use to access the parking lot. The property line is 7 feet from the parking lot and it is 5 feet from the property line to the curb. That is 12 feet of green space. He would work with staff to develop a landscape plan to design green space. Mr. Moody stated that if they were required to comply with the setback toward the north, it would look terrible for their line to be set back and the neighbors to be in the front. Mr. Moody stated business has grown over the years. They have not had any problems or grievances. The City gave them a special use permit for the trailer #or 3 years and he felt by then they could expand the building. What they are gaining is a showroom for 5 cars and 10 more offices. They will remove the trailer and have a better looking building. The second goal is to go to the back with a separate driving area, car wash, etc. to provide a complete full service dealership. Everything they have said they would do since they have purchased the property they have done. Mr. Hickok stated it was clear they are asking to waive the curb but for a period of time to a11ow for phased development of ihe site. Staff does recognize that. Ms. Beaulieu stated the time delay is for the south and east side. The curb and gutter on the west will be done now but not on the north side. Mr. Hickok stated that is correct. Mr. Moody stated the trucks at Kurt Manufacturing may set their for months. They use them for security purposes so that people cannot walk or drive onto thei� property. Mr. Klein stated they feel this is a substantial improvement to the property. It meets the intentions of the City's goals in providing curb and gutter along the perimeter of the parking lot and beautifying the public view of the building and landscaping the public areas. Mr. Moody stated that after all the improvements are compteted, they will have 5,600 square feet of building space on 11 acres with approximately 150 full-time employees. Ms. Savage asked if staff had received any calls regarding this request. Ms. McPherson stated they did not receive any calls. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:10 P.M. 18.22 APPEALS COMMIS5ION MEETING, MAY 8, 1996 PAGE 9 Mr. Kuechle stated he could see no particular reason to make the petitioner curb the north side at this time, unless there is an acute water problem that needs to be addressed. Aesthetically, he does not think it is worth the money. One reason he sees for curbing is to prevent driving onto the parking lot. This is not a problem there with the fence. He wou(d be in favor of not waiving the curb and gutter, but to give them 3 years to get it instailed. The same is true of the 5 foot setback on the east side. He would give them 3 years to comply with the 5 foot setback and have curb and gutter along the south and east sides in 3 years, which he thought would give them the time table for which they are asking. That is reasonable. If they do not build, they must install it anyway. Ms. Beaulieu asked if he would require curb and gutter now on the west side. Mr. Kuechle stated, yes. The petitioner does not have a problem in doing that. Ms. Beaulieu stated she agreed. It sounds as if this will be a substantial improvement to the property. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to recommend approval of Variance Request, VAR #96-08, by Friendly Ghevrotet, to reduce the hard surface setback from the right-of-way from 20 feet to 13 feet along the west side and from 20 feet to 7 feet along the south side, to allow an existing nonconforming parking lot to remain, on the West 600 feet of the North 330 feet of the Southeast Quarter of the No�thwest Quarter of Section 12, Township 30, Range 24, generally located at 7501 Highway 65 N.E., Fridley, Minnesota. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRfED UNANIMOUSLY. _ MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to recommend approval of Variance Request, VAR #96-08, by Friendly Chevrolet, to reduce the hard surface setback on the north side from 5 feet to 0 feet and on the east side to allow the petitione� three years to comply with the 5 foot setback, to a!!ow an existing nonconforming parking lot to remain, on the West 600 feet of the No�th 330 feet of the Southeast Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, generally located at 7501 Highway 65 N.E., Fridley, Minnesota. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTlON CARRIED UNANIMOUSLY. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to recommend approval of Variance Request, VAR #96-08, by Friend(y Chevrolet, to waive the requirement for curb and gutter along the south and east side of the parking lot perimeter for a period of 3 years and to waive the requirement for curb and gutter along the north side, to allow an existing 18.23 APPEALS COMMISSION MEETING, MAY 8, 1996 PAGE 10 nonconforming parking lot to remain, on the West 600 feet of the North 330 feet of the Southeast Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, generally located at 7501 Highway 65 N.E., Fridley, Minnesota, with the following stipulation: The petitioner shall comply with the stipulations set forth in the Special Use Permit, SP #96-04. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRlED UNANIMOUSLY. Ms. McPherson stated the City Councit would consider ihis item on May 20. 3. UPDATE ON PLANNING COMMISSION AND COUNCIL ACTIONS Mr. Hickok provided an update on Planning Commission and City C ncil actions. 4. OTHER BUSINESS Ms. Savage stated the next Appeals Commission meet' g would be held May 29. ADJOURNMENT: / MOTION by Mr. Kuechle, seconded by M. Beaulieu, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTf AYE, CHAtRPERSON SAVAGE DECLARED THE MOTION CARRIED AND TH MAY 9, 1995, APPEALS COMMlSSION MEETING ADJOURNED AT 8:23 P. Respectfully Lavo Cooper Re rding Secretary 18.24