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07/28/1997 - 4793' CIlYOF FRIDLEY FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Mo�.day, Ju,ey 2�, 1997 7:30 P.M.. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRTNT NAMF fCLEARLY) ADDRESS NUMBER � FRIDLEY CITY COUNCIL MEETING OF � � oF JULY 28,1997 FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALI.EGIANCE. PROCLAMATION: Blue and White Sunday - August 17, 1997 APPROVAL OF MINUTES: City Council Meeting of July 94; 1997 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Receive the Minutes of the Planning Commission Meeting of June 4, 1997 (Tabled June 23, 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.20 FRIDLEY CITY COUNCIL MEETlNG OF JULY 28, 1997 Panp 7 �1 APPROVALOFPROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of June 18, 1997 . . . . . . . . . . . . . . 2.01 - 2.14 Special Use Permit Request, SP #97-05,` by Kari Foster, to Ailow Construction of a Second Accessory Stru�ture Over 240 Square Feet, Generally Located at 6654 East River Road N. E. (Ward 3) . . . . . . . . . . . . . . . . 3.01 - 3.12 Variance Request, VAR #97-10, by Karl Foster, to Reduce the Side Yard Setback from 10 Feet to 6 Feet, to Allow , the Construction of a 14' x 30' Addition, Generally Located at 6654 East River Road N. E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.16 Resolution Approving a Subdivision, Lot Split, L.S. #97-01, to Split 20 Feet from the Adjacent Property at 670 Dover Street N. E. and Add it to 7965 Riverview Terrace N. E. (L.S. #97-01, by Monte and Michelle Maher) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.12 FRIDLEY CITY COUNCIL MEETING.OF JULY 28, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Receive Bids for the Improvement of Interstate Highway I-694 N_E. Ramp to Trunk Highway 47 (University Avenue), Project No. ST. 1997 - 3(Ward 1) and, Page 3 Resolution Approving Mn/DOT Agreement No. 76204 with the Minnesota Department of Transportation for Improving the I-694/TH 47 Northeast Ramp . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.03. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to CLIMB Theatre Company (Maple Lanes, 6310 Highway 65 N.E.) (Ward 2) . . . . . . . . . . . . . . . . . . . 7.01 - 7.08 Claims Licenses Estimates: ....................................8.01 ...................................9.01-9.03 ...................................10.01 � • f �' 0 7 • „ . � � FRIDLEY CiTY COUNCIL MEETING OF JULY 28, 1997 ADOPTION OF AGENDA: NEW BUSINESS: Variance Request, VAR #97-11, by John and Joette Zembal, to Reduce the Setback of an Attached Garage from 4 Feet to 3 Feet, to Allow the Construction of a 7' x 38' Addition to an Existing Single Car Garage, Generally Located at 6821 Seventh Street N. E. (Ward 1) Resolution Authorizing Application for the Livable Communities Demonstration Program; Hyde Park/57th Avenue Improvement Paae 4 •�-•�• ............... 11.01-11.15 Pro�ect (Wards 1 and 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.11 Resolution Authorizing Inclusion of Street Lights in the Intersection Improvement Project for Trunk Highway 65/Lake Pointe Drive/Central Avenue (Wards 1 and 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 - 13.04 Informal Status Reports ADJOURN: ..............................14.01 -- -: � � � �.'� FRIDLEY CITY COUNCIL MEETING OF JULY 28,1997 CfTY OF The City of Frid(ey �.vill_not discriminate against or }iarass anyone in the admission or access to, or treatment, or employment in its ��IWi�s, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, seaual orientation or stanis with regard to public assistance. Upon request, accominodation will be provided to allow individuals with disabilities to participate in any of Fridley's sei��ices, programs, and activities. Hearin� impaired persons who need an interpreter or other persons with disabilities w1�o require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Blue and White Sunday - August 17, 1997 APPROVAL OF MINUTES: City Council Meeting of July 14, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Receive the Minutes of the Planning Commission Meeting of June 4, 1997 (Tabled June 23, 1997) . . . . . . . 1.01 - 1.20 ���. � � e �� e c�� NEW BUSINESS: Receive the Minutes of the Planriing Commission Meeting of June 18, 1997 .............. 2.01-2.14 ��� ����� Special Use Permit Request, SP #97-05, by Karl Foster, to Allow Construction of a Second Accessory Structure Over 240 Square Feet, Generally Located at 6654 East River Road N.E. (Ward 3) . . . . . . . . . . . . . . 3.01 - 3.12 �������� � APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Variance Request, VAR #97-10, by Kari Foster, to Reduce the Side Yard Setback from 10 Feet to 6 Feet, to Allow the Construction of a 14' x 30' Addition, Generally Located at 6654 East River Road N.E. (Ward 3) . . . . . . . . . . . 4.01 - 4.16 �c� S S <'- �- Resolution Approving a Subdivision, Lot Split, L.S. #97-01, to Split 20 R,r� Feet from the Adjacent Property at 670 Dover Street N.E. and Add it to � 5� 7965 Riverview Terrace N.E. (L.S. #97-01, by Monte and Michelie Maher) (Ward 3) . . . . . . . . . . . . . . 5.01 - 5.12 -�{ <.. SSe� Receive Bids for the Improvement of Interstate Highway I-694 N.E. Ramp to Trunk Highway 47 (University Avenue), Project No. ST. 1997 - 3(Ward 1) and, Resolution Approving Mn/DOT Agreement No. 76204 with the Minnesota Department of Transportation for Improving the I-694/TH 47 Northeast Ramp ... 6��� � ,,, s� '!T �a S Se � � Resolution in Support of an —5 Application for a Minnesota Lawfu C Gambling Premise Permit to CLIMB Theatre Company (Maple Lanes, 6310 Highway 65 N.E.) (Ward 2) 7.01 �� ����� � �.� 7 1: h APPROVALOFPROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Claims Licenses Estimates .............. 8.01 .............. 9.01 -9.03 .............. 10.01 ADOPTION OF AGENDA: NEV11 BUSINESS: Variance Request, VAR #97-11, by John and Joette Zembal, to Reduce the Setback of an Attached Garage from 4 Feet to 3 Feet, to Allow the Construction of a 7' x 38' Addition to an Existing Single Car Garage, Generally Located at 6821 Seventh Street N.E. (Ward 1) ..... 11.01 - 11.15 �'�'� ��- t o r-� � v� v' �� � z C�.. Resolution Authorizing Application � for the Livable Communities 1i l/ Demonstration Program; Hyde ���iJ Par�/57th Avenue Improvement Project (Wards 1 and 3) . . . . . . . . . . . . . . 12.01 - 12.11 ���� �� �-, o>-� C c�. r r� e� Resolution Authorizing Inclusion of Street Lights in the Intersecticn improvement Project for Trunk Highway 65/Lake Pointe Drive/Central Avenue (Wards 1 and 2) . . . . . . . . . . . . . 13.01 - 13 04 ;�o}-,o,� �=�� �\ 5 � � NEW BUSINESS (CONTINUED): Informai Status Reports . . . . . : . . . . . . . . 14.01 ADJOEJRN: THE MINUTES OF THE REGULAR MEETiNG OF THE FRTDLEY CITY COUNCIL OF JULY 14. 1997 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:39 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: Members Present: Mayor Jorgenson, Councilman Barnette, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom PROCLAMATION: Mayor Jorgenson read and issued a proclamation proclaiming Tuesday, August 5, 1997 National Night Out. She called upon all citizens of Fridley to join the Fridley Neighborhood Watch and the 1Vationai Association of Town Watch in supporting the 13th Annual National Night Out on August 5, 1997. Mayor Jorgenson presented block captains Mel and Charlotte Bolen with the proclamation. Residents of Fridley were encouraged to register for national night out visits from the local police and fire departments by calling 572-3638 by the July 23rd deadline. APPROVAL OF MINUTES: COUNCIL MEETING. JUNE 23, 1997: MOTION by Councilwoman Bolkcom to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 18 .t997: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 18, 1997. FRiDLEY CITY COUNCIL MEETING OF JULY 14 1997 PAGE 2 2. VARfANCE REOUEST, VAR #97-OS. BY W W KLUS REALTY, TO INCREASE THE MAXiMUM AREA OF A SIGN FROM 80 SQUARE FEET TO 130 SOUARE FEET TO AI,LOW TAE REPLACEMENT OF AN EXISTING PYLON SIGN, GENERALLY LOCATED AT 7920-7990 UNYVERSITY AVENUE N.E (WARD 3): Councilman Billings recommended moving Item No. 2 from the consent agenda. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. APPROVAL OF A PERMIT FOR A TEMPORARY TRAILER AT 7800 ELM STREET N.E. UNTIL SEPTEMBER 1. 1997 (WARD 3)• Mr. Burns, City Manager, reported that the permit request has been submitted by Mr. James Graff. The permit would allow a trailer to house staff and offices while the storm damaged building at 7800 Elm Street is reconstructed. The 12 foot by 56 foot trailer will be removed by September l, 1997. Staff recommends Council's approval. APPROVED PERMIT FOR A TEMPORARY TRAILER AT 7800 ELM STREET N.E. UNITL SEPTEMBER 1, 1997. 4. RESOLUTION AUTHORTZING ADVERTISEMENT FOR BIDS ON WELL HOUSE NO. 1 • Councilman Schneider recommended moving Item No. 4 from the consent agenda. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO MINNEAPOLIS JAYCEES CAARITABLE FOUNDATION: Councilman Barnette recommended moving Item No. 5 from the consent agenda. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. APPOINTiViENT: CITY EMPLOYEE: Mr. Burns, City Manager, introduced the consideration of a motion to appoint a City employee, Angie Taylor, to Public Services Worker - Streets. The vacancy was created by transferring a streets section employee to the water section. Ms. Taylor was selected from 43 applicants. She has a Class B driver's license with air brake and pass�nger FRTDLEY C[TY COUNCiL MEETING OF JULY 14 1997 PAGE 3 endorsements, Hilti Actuator certification and supervisory certification from Employers Association. She was previously a driver at Beckman Produce and was atso a director of maintenance and security office at General Growth Management. APPOINTED ANGIE TAYLOR TO PUBLIC SERVICES WORKER - STREETS. July 14, 1997 Starting Starting Name Position Salary Date Replaces Angie Public Services Taylor Worker, Streets Non-exempt 7. CLAIIViS: 8. 9. $11.86 July 28, Joseph per hour 1997 Gonsior AUTHORIZED PAYMENT OF CLAIM NOS. 75168 - 75554. LICENSES: Councilman Billings recommended moving Item No. 8 from the consent agenda. THIS ITElVI WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: Frederick W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the month of June, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,250.00 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of May, 1997 . . . . . . . . . . . . . . . . . . . $ 19,250.00 FRiDLEY CITY COUNCIL MEETING OF JULY 14 1997 PAGE 4 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 Central Avenue Bikeway/Walkway Project No. ST. 1994 - 9 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,620.25 No persons in the audience spoke regarding the proposed consent agenda items. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilwoman Bolkcom to approve ;onsent agenda items with the exception of Items 2,4,5, 8. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion camed unanimously. ' ADOPTION OF AGENDA: MOTION by Co�ancilwoman Bolkcom to adopt the agenda with the addition of Items 2,4,5,8 from the consent agenda. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM. VISITORS: No persons in the audience spoke during this item of business. PUBLIC AEARINGS: Motion by Councilman Billings to waive the reading and open the public hearing notice. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing was opened at 7:45p.m. 10. AMENDMENT TO SECTiON 7.02 OF THE FRIDLEY CTTY CHARTER REGARDING TAXATION (CONTINUED FROM JUNE 9, 1997)• Richard Pribyl, Finance Director, reported that at the May, 1997, meeting of the Fridley Home Rule Charter Commission, the amendment to Section 7.02 of the Fridley City Charter was approved. This amendment is now recommended to the City Council for enactment by ordinance. At the June 9, 1997 City Council meeting, a public hearing was opened and then continued to July 14, 1997 to allow the Charter Commission Attorney sufficient time to review the newly passed Omnibus Tax Bill to determine if any conflicts exist between the new enacted tax law and the Charter change. The conclusion that the Charter Commission Attorney reached was, "the proposed arnendment of Section 7.02 of the Charter may be approved and would govern provided the levy limitations FRIDLEY C1TY COUNCIL MEETING OF JULY 14, 1997 PAGE 5 codified therein do not exceed the levy limitations authorized by Minnesota Statutes Section 275.71, Subd. 4. As discussed previously; however, the levy limitations imposed by Minnesota Statutes Section 275.71, Subd.4, must be considered and may supersede the amended charter provision, at least for taxes levied in 1997 and �1998." Based on this information, Mr. Pribyl brought the Charter change back to Council for their review. This amendment removes the 16 mill language and replaces it with a Consumer Price Index specific to the Minneapolis/St. Paul metropolitan area. The Charter Commission feels that this eliminates obsolete language while retaining some limits in the area of taxation. Councilman Billings clarified, from a practical standpoint, that this is a cleaning up of the language, and it is fair to say there w�uld likely be no change in the way the city operates. Mr. Pribyl confirmed that the language would not change the process or procedures that the City has put into process over the past twenty years. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 7:53 p.m. 11. APPROVAL OF BEER LICENSE FOR ORIENTAL HOUSE (5865 UNIVERSITY AVENUE N.E.) (WARD 11: Motion by Councilman Schneider to waive the reading and open the public hearing notice. . Seconded by Councilman Barnette. Upon a voice vote this public hearing was opened at 7:55 p.m. Richard Pribyl. Finance Director, reported that this new license is a result of an ownership change of this business. The Police Department has performed the required background investigation on Oriental House. Public Safety Director Sallman has not found any reason to deny this request. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8:00 p.m. 12. HOUSING FINANCE PROGRAM AND TAE ISSUANCE OF REVENUE BONDS TO FINANCE AN ELDERLY HOUSING DEVELOPMENT (NOAH'S ARK OF FRiDLEY PROJECT) (WARD 3): Motion by Councilman Schneider to waive the reading and open the public hearing notice. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing was opened at 8:02 p.m. FRiDLEY CiTY COUNCIL MEETING OF JULY 14 1997 PAGE 6 Richard Pribyl, Finance Director, reported that this public hearing is required as part of the process that the developer must go through to issue housing revenue bonds for the construction of the elderly housing development, "Waters Crest." The procedure will introduce the concept of issuing housing revenue bonds for the development of a senior housing facility. The project will use $9,500,000 of housing revenue bonds to finance the construction. The debt i.s a conduit financing that ties the owner of the development to the payment of the bonds and not the City. The project consists of 112 one bedroom units renting between $605 and $825, as well as two bedroom units renting between $875 and $1100_ The project will operate as an elderly rental housing development within Minnesota Statutes, Chapter 462C. Gary Porter, Developer of Noah's Ark, indicated that there is an age restriction determined by HUD, for ages 55 and abo��e. He described the development which will include community spaces for guest rooms, dinin� rooms, a general store, etc. to accommodate the needs of the aging population. Councilman Barnette inquired about qualifying considerations for application Mr. Porter reported that at least forty percent of the applicants with sixty percent of inedian income ($24,000) will qualify for the most cost effective rent (not to exceed $600 per month). Units are 900 to 1,200 square feet, and are designed with ambiance. There are eight, 9,000 square feet of common area including green space available. Laundry facilities are available on each floor and options to include then each apartment as well. Anticipated completion date is June/July 1998. Questions and concerns can be addressed at the corporate office. That telephone number is 484-6474. The project has received final approval from the Housing and Redevelopment Authority on the use of tax increment financing for the project. They will be receiving an amount not to exceed $683,000 to be used for land acquisition and site improvements. The financing is provided to reduce the rates to make units more affordable. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8:08 p.m. OLD BUSINESS: 13. RESOLUTION NO. 53-1997 OF THE CITY OF FRIDLEY MINNESOTA DECLARING A BREACH OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRTDLEY AND TWO OTHER PARTIES BY REASON OF THE NON-PERFORMANCE BY THOSE PARTIES OF THEiR OBLTGATIONS THEREUNDER, AND RESERVING FOR THE CITY OF FRiDLEY THOSE FRIDLEY C(TY COUNCIL MEETI1vG OF JULY 14, 1997 _____ PAGE 7 REMEDiES AS MAY BE AVAiLABGE TO iT BY LAW (PROPERTY LOCATED AT 6iST AVENUE AND EAST RiVER ROAD) (WARD 3) (TABLED JUNE 23, 1997 : Barbara Dacy, Community Development Dir�ctor, reported that the City Council, at its June 9, 1997 meeting, directed staff to contact Mr. Nielson to address the Council about this resolution. Mr. Nielson has indicated that he would not be in attendance at the July 14th meeting, and that the property could be rezoned to R-1, Single Family Dwelling. He said that the new developer would not be pursuing a rezoning to R-3, General Multiple Family Developing. The resolution declares the 1984 development agreement between the City of Fridley, Maynard Nielson, and Robert DeGardner breach. It also directs staff to take the required steps to rezone the subject property located at 61st Avenue and East River Road from R-3, General Multiple Family Dwelling back to R-1, Single Family Dwelling. MOTION by Councilwoman Boikcom to adopt Resolution No. 53-1997. Seconded by Councilman Schneider. Upon a voice vote all voting aye, Mayor Jorgenson declared the motion carried unanimously. ITEMS FROM THE CONSENT AGENDA: 2. VARiANCE REQUEST, VAR #97-08, BY W.W. KLUS REALTY, TO INCREASE THE MAXiMUM AREA OF A SiGN FROM 80 SQUARE FEET TO i30 SQUARE FEET TO ALLOW THE REPLACEMENT OF AN EXISTING PYLON SIGN, GENERALLY LOCATED AT 7920-7990 UNIVERSITY AVENUE N.E. (WARD 3): Mr. Burns, City Manager, reported that the existing sign allowed by variance issued in 1985 is 160 square feet. The sign is being reconstructed to 130 feet. Petitioner is seeking variance for size and set back. The request was approved unanimousiy by the Appeals Commission on June 25, 1997 with three stipulations. Motion by Councilman Billings to grant Variance Request, VAR #97-08 with the following three stipulations: (1.) no additional pylon signs are to be allowed on either of the two parcels served by the existing sign; (2.) if the parcels are separated, the sign must be brought into compliance; and (3.) the City is held harmless from liability created by over hanging the sign on the boulevard. This variance shall remain in effect unless any of the following occur: (1.) The sign is altered in any way, except for routine maintenance and change of inessages which makes the sign less in compliance with requirements; (2.) The supporting structure of the sign is replaced or remodeled; (3.) The face of the sign is replaced or remodeled; (4.) The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty percent of the value of the sign, at which time all of the sign and its structure be removed; and (5.) Notwithstanding subparagraph (1) above, upon the change of the name of the business being displayed on this sign. FRiDLEY CfTY COUNC(L MEETING OF JULY 14, 1997 PAGE 8 At such time the owner of the sign will have three months to obtain a sign permit and construct a sign which meets all requirements of this Chapter, or obtain a variance for any new or existing sign which does not meet all requirements of this Chapter. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 4. RESOLUTION NO 52-1997 AUTHORiZiNG ADVERTISEMENT FOR BiD� ON WELL HOUSE NO. 1: Mr. Burns, City Manager, presented estimates prepared by SEH at $255,000. Another $31,785 will be required to connect this location to our SCADA system. While these amounts are $36,000 above the 1997 Capital Improvement Plan appropriations for these items, we have $45,000 in savings from well redevelopment that can be used to absorb the overage. If approved, the project will be advertised this year for a late fall start. Major components of this prciect include the demolition of the existing building and the construction of an 18 foot by 36 foot masonry building; the reinstallation of well pump motor and accessories and booster pump, discharge. piping, and chemical feed equipment; and the installation of motor center and instrumentation. Staff recommends Council's approval. MOTICiN by Counciiwoman Bolkcom to adopt Resolution No. 52-1997. Seconde� by Coun�i.- man Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 5. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMiSE PERMIT TO MINNEAPOLIS JAYCEES CHARITABLE FOUNDATION: Councilman Barnette shared comments of his experience working with WAABI, and the tremendous assets WAABI has provided this community. It is not Council's intention to tell Main Event how to run their business. He hopes there is a way to work out this issue. Councilman Billings requested clarification that only one location can have a lease with charitable gambling; however the new owners of Main Event have a prior working relationship with the Minneapolis 3aycees, and he encouraged a good look at both organizations prior to making a decision. Ms. Reba WhiteOak, Gambling Manager for the World Association of the Alcohol Beverage. Industry, addressed the Council and reported that the new owners of Main Event have made an agreement with WAABI to remain doing business with them. MOTION by Councilwoman Bolkcom to table Item No. 5 unti( petitioner requests the topic be placed back on the agenda. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRiDLEY C�TY COUNCIL MEETiNG OF JULY 14. 1997 PAGE 9 8. LiCENSES: MOTION by Councilman Billings to approve the licenses. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OLD BUSiNESS: 14. ORDINANCE NO. 1100 AMENDING SECTiON 11.01 OF THE FRIDLEY CITY CHARTER REGARDiNG PUBLIC UTILITIES (TABLED JUNE 23, 1997): Barbara Dacy, Community Development Director, reported that the Minnesota State Statute requires that an ocdinance amending the City Charter must be adopted by the City Council by "an affirmative vote of all its members. The purpose o� the amendment is to provide the legal foundation to enable the City to lease public land and facilities to wireless communication providers. In addition, the amendment will provide the City Council with the flexibility to determine whether it should pursue ownership and operation of wireless communication facilities. The proposed amendment clarifies what a public utility is and does not dictate to the City Council which utility it should undertake. According to the City Attorney, a referendum must be passed by two-thirds of the voters before the City Council can pass an ordinance to operate a utility. Staff recommends that the City Council adopt the ordinance. MOTION by Councilman Schneider to amend Section 11.01 of the Fridley City Charter Regarding Public Utilities. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried MOTION by Councilwoman Bolkcom to remove from table the second reading of an ordinance amending Section 11.01 of the City Charter to amend the definition of "public utilities" to include wireless communication antennae. Seconded by Councilman Schneider. 15. SPEC�AL USE PERMI'T, SP#97-02, BY HOME DEPOT USA, INC., TO ALLOW NURSERIES OR GARDEN CENTERS WHICH REOUIRE OUTDOOR SALES AND STORAGE. GENERALLY LOCATED AT 5650 MAIN STREET N.E. �WARD 3): Scott Hickok, Planning Coordinator, reported that this is a special use request permit, with four aisles of parking removed in order to screen the area with chain link fence to allow garden sales of 22,000 square feet in the parking lot. Home Depot is located at 5650 Main Street, and zoned C-3 General Shopping Area. The current garden sales area is 27,972. Section 205.15.O1.C.(11) of the Fridley City Code requires a special use permit for garden centers or nurseries which require outdoor display or storage of inerchandise. Original approval stipulated no garden area sale. Staf�'s recommendation to deny the request was partially based on viewing a video of the Home Depot located in Maplewood. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 1997 PAGE 10 A second visit was conducted today at the Maplewood store via video demonstrating improvements; however it appears the chain link area serves as an inventory storage area. At the commission meeting, Home Depot management was present, as they are this evening. They have committed to improving the outward appearance. Councilwoman Bolkcom inquired if part of this plan includes the storage of fertilizer outside. This issue has arisen in the past. She asked if Wal-Mart has been granted approval for outside storage. Mr. Hickok responded that their pian, as discussed with the Planning Commission, did include outdoor storage of fertilizer. Mr. Hickok continued by stating that Wal-Mart did have a short term parking lot garden center as part of their commitment to increase the existing garden center and containment area for trucks unloading. They also went through an elaborate process with their outdoor merchandise area Todd Mosher and Vern Taber, representing Home Depot, addressed the CounciL Todd Mosher reported that the special use permit requested is for temporary, seasonal sales, from approxi- mately the fourth week in April through the Fourth of July. He explained that the Fridley Home Depot was one of the first stc�re� t� open in ±he Midwest: ThP original site plan approved did not include an outdoor sales garden center. Home Depot did not anticipate the demand during April ihrough 7uiy. riome Depot is a home improvement store, and due to demand, is difficult to stock sufficient inventory inside during peak months. Other Home Depot stores in the metro area have the outside sales area. Councilwoman Bolkcom inquired if there are other options for expansion on the existing site. She also requested clarification for the temporary request. She asked if the request is temporary, until a permanent structure has been built, or if it is temporarily based on the calendar year for sales. Mr. Hickok said that he believes there are architectural solutions that would allow the large amount of inventory to be kept confined. Mr. Taber reported that the extreme demand for seasonal merchandise is temporary, from April to July. A temporary housing outside can be kept in an attractive and safe selling area in, order to offer the quantities required in this community. The company is willing to put up safety signage and work in cooperation with the City's requirements. Mr. Taber requested permission for one year, where HomeDepot has an opportunity to provide an example of good business practices. He also inquired why Menards is able to have outside buildings and a fenced in area in their parking lot. Councilman Billings reported that the zoning laws have changed since the time Menards purchased the building. When Wal-Mart moved into the community they also did not anticipate the sales volume of the growing season, and thus requested a special use permit for temporary outdoor sales until a permanent structure could be erected. lf the city were to issue a temporary permit for the 1998 growing season, it would be treated similarly to the Wal-Mart case. FRIDLEY CITY COUNCiL MEETING OF JULY 14 1997 PAGE 11 Therefore, Councilman Billings recommended tabling the topic tonight suggesting that Council create some limitations as to what could be located outside and address the special use permit request at the July 28 meeting. This would give Home Depot the opportunity to have a season of outdoor sales in order to determine if it is a sound business decision to expand. Councilman Schneider reported that Wal-Mart was granted a one-year special use permit with a stipulation for approval of their expansion. It does not appear that Home Depot has plans to add a permanent 22,000 square foot addition. Mayor Jorgenson inquired from Home Depot representatives if they would like a decision tonight or have the item tabled for two weeks. Mr. Taber requested permission to present a revised pian this evening, as a result of the reaction of the Planning Commission which would include: (1.) There will be no pesticides or herbicides stored outside; (2.) a reduction of 22,OOOsq ft area down to a 10,000 sq. ft area to bring the parking requirements to code; (3.) Safety concerns for pedestrian/vehicle issues will be addressed with stop signs; and (4.) no parking signs, and the chain link fence could be green. M�yor Jo:-genso:: requested clarification if this proposal is temporary. Mr. Taber reported that Home Depot is willing to apply for a special use permit each year. Mayor Jorgenson felt that if she saw a permanent structure in the plan she may consider approving a request of this type. However it does not appear Home Depot has plans for permanent expansion. Councilman Barnette expressed concern that if this request were granted, all the other similar businesses will be here with similar requests. He thanked the Home Depot representatives for coming forward in a good faith effort to establish a working relationship with the City of Fridiey. Mr. Hickok clarified the timetable remaining on this issue, as it can be addressed in August, and must be voted on by August 25. Councilman Billings summarized past representations made by Home Depot to get a store built, which did a disservice to Home Depot Corporate Headquarters. It is difficult to not base decisions on past experiences_ He recommended that the store develop a plan with their corporate headquarters. Perhaps the planning staff could come up with some stipulations in the event that Council moved to accept a special use permit. MOTION by Councilwoman Bolkcom to table Special Use Permit 97-02 to August 11, 11997. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRiDLEY CITY COUNCIL MEETiNG OF JULY 14 1997 PAGE 12 1G. RESOLUTION NO. 54-1997 RECITING A PROPOSAL FOR A HOUSING FiNANCE PROGRAM TO FINANCE AN ELDERLY HOUSiNG DEVELOPMENT PROJECT GIVING PRELIMiNARY APPROVAL TO THE PROJECT AND THE ISSUANCE OF REVENUE BONDS PURSUANT TO MiNNESOTA LAW AND RATIFYING THE PREPARATiON OF A HOUSING FINANCE PROGRAM (NOAH'S ARK OF FRIDLEY PROJECT) (WARD 3) Mr. Pribyl, Finance Director, reported that this is the second step that Noah's Ark Senior Housing, Inc. must follow in order to proceed with the senior project. In the public hearing it was stated that the project is anticipating using housing revenue bonds, in an amount not to exceed $9,500,000, and some tax increment funds to finance the project. This resolution will provide the developer with the necessary City conceptual approval to proceed to have bond counsel prepare the necessary documents that relate to the project. It also provides bond counsei with the necessary authority to consult with the City .�lttorney, developer and underwriter of bonds, as to the maturates, interest rates and any other items and provisions of the bonds necessary for the preparation of the fina( documents that will be provided to the City, at some time in the future, for the City Council's final approval of the project. There is nothing in this resolution related to this project that will obligate the City to any expenditure of municipal funds. MOTION by Councilwoman Bolkcom to adopt Resolution No. 54-1977. Seconded by Council- man Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. INFORMAL STATUS REPORTS: MAGGIE NELSON Maggie Nelson, 6090 Woody Lane since 1960, addressed Council. Over the course of many years she has had problems because of the storm sewer, which is stiil not capable of handling the water. In 1981, Ms. Nelson had a retaining wall installed in her back yard as a result of storm sewer flooding. Due to the storm last week the wall has been destroyed. Ms. Nelson has received an $11,000 estimate to replace the wall without insurance to cover the cost. She is requesting repair of the storm sewer to ensure the retaining wall will not be washed out again during another storm. She is also requesting financial assistance in replacing the retaining wall. Mr. Flora explained that it will take approximately two weeks to review the twelve properties involved because of the recent flood events and to outline some solutions. RAY MCAFFEE Ray McAffee, 1360 Hillcrest Drive, reported that this problem has existed for twenty years. He believes that a single catch basin with a 14 inch pipe was installed many years ago. He requested the support of the City to address tl�is storm sewer problem and to assist Ms. Nelson financially to replace the retaining wa11.. FRTDLEY CiTY COUNCTL MEETiNG OF JULY 14. 1997 PAGE 13 Councilman Schneider acknowledged the storm sewer problem. He reported that the City has their engineers studying the problem to find a solution. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular meeting of the Fridley City Council of July 14, 1997 adjourned at 9:45 p.m. Respectfully submitted, Debbie Kidder Nancy J. Jorgenson Secretary to the City Council Mayor CITY OF FRIDLEY PLANNING CONII�IISSION MEETING, JUNE 4, 1997 CALL TO ORDER: Chairperson Savage called the June 4, 1997, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Larry Kuechle Members. Absent: Diane Savage, Connie Modig Gthers Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant _ Jim Randers, Displa,y Arts Paul Stone, Stone Construction Wes & Jeanine Grandstrand, 5431 Madison St NE Linda Oslund, 5412 Madison Street N.E. Pauline Charchenko, 589 Cheri Lane N.E. Bob Dietrick, 572 Cheri Lane N.E. Steve Britven, 572 - 63rd Avenue N.E. A1 Noutsby, 5421 Madison Street N.E. , Norma Amundson, New Bri�ghton APPROVAL OF MAY 21, 1997, PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Kuechle, to approve the May 21, 1997, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR DEC?�+,RED THE MOTION CARRIED UNANIMOUSLY. 1. (Tabled from 5/21/97 meeting) PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMI�', SP #97-02, BY HOME DEPOT,USA, INC.: To allow nurseries or garden centers which require outdoor sales and storage on Lot l, Block 1, Home Depot Fridley Addition, generally located at 5650 Main Street N.E. Ms. McPherson stated this item was tabled at the May 21st meeting. Staff today received communication that Home Depot wishes this item to remain tabled until the June 18th meeting. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #97-04, BY JIM RANDERS: To allow construction of a 3,000 square foot addition, which would bring the total lot coverage of the property to approximately 500, on Lots 24 - 28, Block l, Onaway District, generally located at 7839 Elm Street N.E. �.� 1 PLANNING CONIl�IISSION MEETING, JUNE 4, 1997 PAGE 2 MOTION by Mr. Oquist, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Ms. McPherson stated the request by Mr. Randers of Display Arts, Inc., requires that a special use permit be approved to increase the maximum lot coverage on an industrial lot from 40% to 500. If approved, a 3,000 square foot, or 50 foot x 60 foot, addition would be constructed onto an existing industrial building., Ms. McPherson stated the property is located generally at 78th Avenue and Elm Street. The property is zoned M-2, Heavy Industrial, as are all of the surrounding properties. Currently on the property is a 10,500 square foot building which houses the petitioner's business. Ms. McPherson stated the purpose of the speeial use permit as outlined in the City code outlines two standards for consideration of a special use permit request to inerease the maximum lot coverage. These standards are the total net impact of the amount of hard surface on a site and whether or not all other ordinance requirements can be met by the request. Ms. McPherson stated staff looked at the proposal in terms of the hard.surface impact. There will be a net increase of 3,477 square feet ot hard surface with the addition and a driveway. The proposed addition would be added to the north of the existing building. Also proposed is a small driveway from the existing hard surface parking area in the alley to an overhead door in the new addition. The purpose is for loading and off-loading displays constructed by the petitioner. There is an opportunity to offset this increase by about 676 square feet by remaving a portion of the front sidewalk that currently exists in front of the building. It appears that the main entrance will be toward the north with another entrance to the south. A door is proposed for the new addition and the sidewalk would be expanded. If the proposal is approved with the offset, a total impact of the hard surface would be 2,801 square feet. Ms. McPherson stated, in terms of other code requirements, the petitioner has submitted a landscape plan which me.ets the requirements of the code. Staff has recommended that additional landscape materials would assist in offsetting the impact of the addition and the increase in hard surface. Ms. McPherson stated, in terms of the zoning requirements in �.�2 PLANNING CONIl�IISSION MEETING, JUNE 4, 1997 PAGE 3 � additio.n to the special use pexmit, the petitioner is also pzocessing a variance request consisting of several variances including: l. 2. 3. 4 .. Reducing the lot area from 1.5 acres to 27,000 square feet. Reducing the side yard setback from 20 feet to 10 feet. Reducing the building setback from an alley right-of-way from 40 feet to 39 feet. Reducing tne number of parking stalls from 31 spaces to 15 spaces. 5. Reducing the parking setback from the side lot line from-5 feet to. 0 feet, and from an alley ri.ght-of-way from 15 feet to 0 feet. Ms. McPherson stated, on May 28, the Appeals Commission reviewed the variances requested and recommended approval to the Cifiy Council of all variances with the s�ipulation that the special use permit request also be approved. . Ms. McPherson stated, regarding the stormwater drainage, the engineering department has no items required of the petitioner. The impact is relatively small and the engineering.department is not requesting any ponding or change on the site for stormwater drainage purposes. Ms. McPherson stated staff recommends denial of the request as it cannot meet the..two standards set forth in the code. However, if the Planning Commission chooses to recommend approval of this request to the City Council, staff recommends the followirig stipulations: 1. The landscape plan shall be amended as follows: a. b. c. Substitute a rubrum maple for the proposed Marshall's ash. Add six flowering crabapples or plums; four iri front and two in the green area in the rear. Add two additional Black:Hills Spruce at the front (nor.thwest corner of the building). 2. The green area on the east side of the addition shall not be converted to hard.surface. 1.03 PLANNING COMMISSION MEETING, JUNE 4, 1997 PAGE 4 3. The sidewalk in front of the building shall be removed as indicated in the drawing "site modifications". 4. The petitioner acknowledges that the site is deficient in parking and future reuse of the building will require a tenant with similar or less parking space demands or processing a special use permit for off-site parking. 5. Variance request, VAR #97-05, shall be approved. Mr. Oquist asked what two factors they were concerned about in Section 205.18.03.C.(4).(a) and (b). Ms. McPherson stated the first is the total amount or impact of hard surface whether it is a net increase or a net decrease. The code would like it to be a net decrease. The second is whether or not the other ordinance requirements can be met. The code talks about drainage, landscaping, setback requir�ments, etc. Mr. Oquist stated the drainage and landscape requirements can be met. The setbacks were recommended for approval by Appeals. If you eliminate the sidewalk in the front, how do they get to the other doors? Is there not going.to be an extension of the sidewalk to the entrance in the new addition? Ms. McPherson stated the portion recommended to be removed is.the triangular segments extending out from the front. The sidewalk along the building would remain. Mr. Kuechle stated parking is a problem there. Mr. Kondrick asked how much increase in hard surface is there. Ms. McPherson stated the increase is a fu11 10%. The petitioner when first proposing this project wanted an addition of 60 feet x 75 feet. That would have pushed the lot coverage over SOo. The petitioner reduced the size of the project one time in order not to exceed the 50o maximum. Mr. Randers stated his company makes trade show displays. The problem they run into is that they have grown over the years and need more space. As they are constructing the displays, the clients want to see them up. The displays are then packed and shipped. The more displays they get the more space they need. When they put up displays in the existing section of the building, they have to stop production on everything else. If they have assembly work on a job, they need to rent space because they do not have enough room. As far as parking, he is not lookinq to add employees. They have three sales people who come and go and who i.04 PLANNING CONIl�RISSION MEETING, JUNE 4, 1997 PAGE 5 park in the front. They use only one entrance. It is okay with him to take out the sidewalk because they use only one entrance. They have five extra parking spaces and the neighbors park in their spaces now. They do not need more people. They just need more space for what they are now doing. Mr. Sielaff asked if there would be off street parking. Mr. Randers stated the sales representatives park on the street but they come and go during the day. Mr. Sielaff asked Mr. Randers if he owned the building or if he leased the building. Mr. Randers stated he owns the property. He purchased it for extra space and have been there since 1990. He owned a building earlier on 77th and Beech. They sold that and moved two blocks to their present location in 1990. Space is now a problem again. Mr.-Sielaff asked if he anticipated growing even more. Mr. Randers stated he didn't want to. He wanted to remain this size. He did not anticipate expanding on this site. Mr. Kuechle asked if the petitioner had any problems wit� the stipulations. Mr. Randers stated no. Mr. Kondrick asked if there was any problem with the landscape requirements. Mr. Randers stated no. There are no trees there now so it would probably look better. Mr. Oquist asked what the door to the south used for. Mr. Randers stated they purchased the building from ICA. They have an office there but never use that door. Mr. Oquist asked, if they say remove all the sidewalk with just a sidewalk along the building and from the door to the street, that would eliminate some of the hard surface. Mr. Randers stated that would probably be easier for them. He thought the doors were there because of the fire marshall. Mr. Saba asked how much more green space this would add. 1.05 PLANNING COMMISSION MEETING, JUNE 4, 1997 PAGE 6 Ms. McPherson stated this would reduced the hard surface by perhaps a few hundred square feet. It is not substantial compared to the size of the addition. MOTION by Mr. Saba, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. Mr. Kuechle stated he would be inclined to recommend approval to the City Council of this request with the five stipulations as outlined. Mr. Oquist stated a recommendation should also include the rearrangement of the sidewalk. Mr. Kuechle stated he thought this was covered by stipulation #3. MOTION by Mr. Kuechle, seconded by Mr. Oquist to recommend approval of Special Use Permit, SP #97-04, by Jim Randers, to allow construction of a 3,000 square foot addition, which would bring the total lot coverage of the property to approximately 50%, on Lots 24 - 28, Block l, Onaway, generally located at 7839 Elm Street N.E., with the following stipulations: l. The landscape plan shall be amended as follows: a. Substitute a rubrum maple for the proposed Marshall's ash. b. Add six flowering crabapples or plums; four in front and two in the green area in the rear. c. Add two additional Black Hills Spruce at the front (northwest corner of the bui�ding). 2. The green area on the east side of the addition shall not be converted to hard surface. 3. The sidewalk in front of the building shall be removed as indicated in the drawing "site modifications". 4. The petitioner acknowledges that the site is deficient in parking and future reuse of the building will require a tenant with similar or less parking space demands or processing a special use permit for off-site parking. 1.06 PLANNING CON�IISSION MEETING, JUNE 4, 1997 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council would consider this item on June 23. 3. INFORMATIONAL HEARING REGARDING TELECOMMUNICATIONS SITES Mr. Hickok stated this is an issue talked about before, and they welcome the opportunity to have audience participation to get a better understanding of what the issues are and ask questions they may have. The telecommuriications issue relates to cell phones, digital pagers, satellite dishes, etc. Mr. Hickok showed a video tape which explained the telecommunications issues. The City Council has passed a moratorium on the construction of towers until December, 1997. Mr. Hickok stated in 1996 the Federal government passe.d a telecommunications act which eliminated the previons regulatory boxes, increased competition and removed other regulatory barriers. Towers have been constructed around the nation whether they be monopoles or lattice-work towers. Cities are required to allow towers in.their communities. There a�e two app�oaches as to where.these towers may be located. One method is market driven where telecommunications companies can choose where to locate a tower whether it be on gublic or private property. Another method is site specific where the sites are identified and parameters set for construction of these towers. Mr. Hickok stated staff prefers the site specific approach and has determined nine possible locations for towers as follows: 1) Well Site #1 on Cheri Lane; 2) a vacant parcel at the end of Cheri - Lane; 3) �zater reservoir site at Lincoln and Slst; 4) Well Site #13 on East River Road; 5) Commons Park near the other utilit�t structures; 6) Community Park adjacent to the industrial district and railroad track; 7) City garage and recycling eenter complex, 8) the existing water tower on Highway 65; and 9) Edgewater Park north of Mississippi Street. Mr. Oquist stated the video indicates there are some towers located on private buildings. Are they owned by the telecommunications companies and do they rent the space? Mr. Hickok stated yes to both questions. Mr. Kuechle asked what would happen to those in the City with the new ordinance plan. 1.07 PLANNING COMMISSION MEETING, JZJNE 4, 1997 PAGE 8 Mr. Hickok stated the first choice would be to put them on high topographic locations and on high structures in the community. This would eliminate the need for higher tower structures. We do have provisions currently in the industrial ordinance that says by special use permit these could exist in industrial districts. If on top of a building, though, they would be an accessory to a principle use and would be accepted. That is why the McGlynn's tower was approved without a special use permit. The St. Paul water tower was approved in the same way. The Highway 65 water tower where they have a cellular array was approved by a lease agreement with .the City and the City receives an annual fee for that. The one at Great Northern Industrial Park is the U.S. West Cellular line and was constructed in 1992 with.a special use permit. _ Mr. Oquist asked if there were strategic places these towers needed to be and if eight sites would be enough. � Mr. Hickok stated the way staff evaluated from a site specific standpoint is that the consultant has indicated we might see 17 requests for towers. Of those 17 vendors looking for a site, we could see co-location as a ver.y strong possibility which would eliminate the need for l7 towers and drop the number back considerably. We would allow a number of users to go on one location. Staff is lookin�g•at eight sites. Conceivably on those eight sites there could be room for two or three vendors-on each monopole. Mr. Sielaff asked what the ordinance would cover. Would it cover site locations or would zt indicate what sort of site characteristics would need to exist? Mr. Hickok stated the ordinance would assure that towers are only constructed in the locations that have been selected. Initially, staff would identify a set of sites to be approved.. It could be expanded in the future depending on the technology. Initially, it would be the sites that were seiected and then set parameters much like the industrial buildings. There would be landscape standards, site location features, etc. Staff would probably on a site-by-site basis determine where the least visible site would be and most sensitive to residential areas. The ordinance would assure that we have the control necessary to say what we want on a specific sit�. The ordinance has not yet been drafted. The Planning Commission will have an opportunity to see that language when it is put together. Mr. Sielaff asked if the lattice construction would be allowed. - � . PLANNING COMMISSION MEETING, JUNE 4, 1997 PAGE 9 Mr. Hickok stated the lattice construction would not be allowed. Mr. Kondrick stated the telecommunications area is one where we have no choice. They want to get coverage in every community across the country. The City has a moratorium in order to provide time to make studies and make sure the towers are located in the right place. Mr. Hickok stated, as staff evaluated the market driven approach, they looked at it and determined this approach is still up for grabs, although staff prefers the site specific approach. The market driven approach would be one of vendors coming in and saying they have selected a site and then going through the required processes. It goes back to an earlier question of what needs to be done in terms of placement. The City has to make a reasonable and realistic effort to accommodate the technology. We have control of where it is located as long as we are reasanable in our approach. We have hired a consultant to determine what kind of demand we will have which is based on the Federal licenses that have been granted. Based on the demand, we can make a reasonable effort to place poles. Each tower has a certain radius. There may be a tower across the.river, for example, that is directed toward the surge tower site on Alden Way. Then another tower in Edgewater Park or Community Park would have to direct their equipment in such a way to make the system work. Hickok stated he believes they have �et a good pattern w�th these eight locations to make it work and we can determine the locations. Mr.. Kondrick stated, with the advances in technology, what about the future whereby they are about to make these more powerful. What is the possibility o� a downsize? If we granted ten sites today., what are the chances of there being a need for five sites tomorrow? Mr. Hickok stated this was a concern initially about gettirig geared up too big and finding out they would need something" smaller. The technology has been on the horizon for a long time. In talking to the vendors and our consultant, there is not another similar technology on the horizon at this time. Folks are entering into 20 year leases with the expectatian that the need for these towers is not going to go away. The technology is very different. Many uses are digital and work best under low power, so the poles being located close together don't need a lot of power to project from one to the next. That also gives the clearest signal. Now we are seeing the large towers or T-1 towers. What we will probably see are T-2 towers which are smaller but there would be more of them. Receivers may get smaller yet to tY�e point where they may piggyback on existing 1.09 PI.ANNING COMMISSION MEETING JUNE 4 1997 PAGE 10 features. Mr. Kondrick asked, of the sites selected, what do the consultants feel will be the tallest tower neeessary in this community. Mr. Hickok stated the City is fortunate enough to have several topographic shifts. The height depends on the site line. If you have one tower on a hill and another in the valley, the lower one will have to be much taller. We are expecting pole heights to be 75 feet at higher levels to 150 feet in lower locations. Mr. Saba asked if there were construction codes for these towers in terms of safety issues. Mr. Hickok stated yes, that is one of the beauties of the monopole technology as staff sees it. Staff toured a factory. The mono- poles with the equipment attached are designed for wind loads of 12-0 miles per hour (mph). They have been tested in Hurricane Andrew and have not had a failure to date. In Minnesota, the wind load expectations are 80 mph at the high end. The monopole technology observed meets the expectations of our Building staff. Poles will be required to have structural engineering data and certification to assure integrity. Mr. Kondrick stated, because parks are being considered as possible locations, there may be a building constructed at the base of the towers to house electrieal, etc. Are we going to be able to insist that the building be of a certain size, of a certain construction material, etc.? Mr. Hickok stated yes. Mr. Sielaff asked if other cities are doing ordinances. Mr. Hickok stated there are some ordinances out there. There is a spectrum of responses to this technology. Bloomington has an ordinance that they are utilizing. White Bear Lake has taken the approach that the towers will be on public land. Those ordinances are available for review. Mr. Kondrick stated Edina is also meeting about this issue. Mr. Sielaff asked if we need to coordinate this with other cities in the area. Mr. Hickok stated their early.discussion pointed to a regional approach. It seems that a regional/metro approach would have been the way to do this. We need to make a reasonable accommodation for the technology. Which tower selected in Fridley would 1.10 � PLANNING COMMISSION MEETING, JUNE 4, 1997 PAGE 11 probably be determined by how close a vendor's towers are in a bordering community. Mr. Kondrick stated, for example, if Columbia Heights wants to have a pole in this location and ours is there but it is too far away, do you then have to move your pole? Mr. Saba asked, in conjunction with that, if Columbia Heights has a pole and another company wants put in a pole in Fridley, how can we coordinate with Columbia Heights, Blaine, etc. M-r. Hickok stated we have to be reasonable in the number. That is determined based on not having knowledge of where they are going to be in other communities. Mr. Kuechle stated he was not elear as to whether there still would be antenna allowed on private buildings by special use permit. Mr. Hickok stated the ordinance would probably repeal the existing language. Right now, that is frozen by the moratorium. He thought the City had used up their high sites. Short of the water tower, McGlynn's, and the surge tow�r, the�e is not a lot there that has the height necessary. Mr. Oquist asked if staff knew the.status of what surrounding • communities were doing. Are they in the same situation? Perhaps we should be showing neighboring communities where are sites will be so we don't have a"farm" of antennas. Mr. Hickok stated Columbia Heights and Hilltop have been experiencing construction of towers. In the other communities, there are a number of moratoriums.. Ms: McPherson stated, to her knowledge, Coon Rapids enacted a moratorium about the.same time as Fridley. However, Coon Rapids. has installed a number of antenna sit.es. One is to the west of the Northtown Financial Plaza. She thought the moratorium there was for 18 months. Coon Rapids has been realizing they have been issuing permits. They have two towers within 10 or 15 feet of each other which happened because they did not have a coordinated approach. They are now finding out they have multiple tower sites. Mr. Kondrick asked if the moratoriums would all come due at the end of the year or if the moratoriums were different for different cities. How is the government allowing that? Mr. Hickok stated the Federal government is allowing that and sees. 1.11 PLANNING COMMISSION MEETING, JUNE 4, �997 PAGE 12 that as reasonable for cities to have time to establish where it is they want and need the technology to go. Mr. Kondrick asked if there was a deadline. Mr. Hickok stated this falls back to what is reasonable. At the point where a City is using this to avoid getting structures, the vendors will probably challenge and the courts will decide. Mr. Grandstrand stated he thought Mr. Hickok had done a pretty good job of illustrating the locations that are appropriate for towers and antennas for telecommunications sites. As he watched the video, everything seemed to be commercial and industrial sites. However, out of the eight sites proposed, two of them are in the heart of residential districts - the Cheri Lane well house and the vacant parcel at the end of Cheri Lane which is a City park. The sites are relatively small sites and axe both City properties, but he would guess the sites are 100 feet square. They are located adjacent to homes. If you consider the fact that putting in a 75 foot to 150 foot high tower 50 to 100.feet from his back door he feels a bit concerned about having that kind of a structure that close and located within a residential area. He is curious that two of the sites are located in residential areas. Perhaps the commission could respond to those issues. Mr. Kondrick asked how to get the coverage needed in the area where needed. Mr. Hickok stated, in all cases, these are City owned properties. We believe we have the best control over the maintenance of the towers and what happens to the towers on our property. Staff had a GIS map made that showed every piece of public property throughout the City. Staff went through every one of those pieces and asked if the site was big enough, its proximity to other things, etc. These two sites are in an area where we don't have a lot of land area but need coverage. There are some small parks. If they contain a playground or activity area, it may not be appropriate as a site. The land area on the site behind Target is wooded and contains a park. It contains a small buiiding for hockey storage. It is a wooded site and has the possibility of putting that base in the wooded area which would mitigate eye level site from the ground and still fill a void in that area. It is not in the midst of a playground and has some natural cover. The well site is in the same area. It is an open site that does not have another activity besides the well. It could accommodate a combination well building and equipment building for the tower. It does have land area and it does not have a contradictory uses. Mr. Kondrick asked if there was commercial property in that area. �.�2 PLANNING COMMISSION MEETING, JUNE 4, 1997 PAGE 13 Mr. Hickok stated the site.is along I-694 and the commercial area is further to the east. This site is surrounded by residential, but it is not unusual to see that. This is a technology that has been determined to be safe by all Federal standards. It is so safe that the Federal government has said that cities will not be responsible for and should not be involved in trying to regulate health concerns. In many cases, the wattage is equivalent to a 100 watt light bulb for each user. The signal is clear because of the low power. Cellular is about three times that. Technology runs in different bands. That is another thing the Federal government insures. Mr. Kondrick stated they had talked about the equipment building that needs to be at the base of the tower to house the electronics. We need to have a vehicle acces� to get to the building for work and/or maintenance. That is another consideration. Putting a tower in a park is a major concern. They do not want to upset the nature of activities in parks. He did not know how that would be arrived at. He did not think there were any harmful effects. Mr. Oquist asked if staff had given consideration to putting.a tower across I-694 at the Lake Pointe site. Mr. Hickok stated there is great potential'that once a building is there that would work. There is a master plan approved for Lake Pointe. It could work on top of a building but a free standing structure is contrary to the master plan. Mr. Oquist stated it could be incorporated into the master plan. He thought that should be given consideration because it is not 'in a park or residential area. It is an open.area. It may be a good alternative to these two sites. Mr. Grandstrand stated he understood Lake Pointe was a large area and the development for that area was a large commercial building. It is surrounded by public roadways. There is an area to the east of the immediate site for the building between Lake Pointe Drive and the ramp to I-694 that is a prime site. It is a smaller area. It is not an aesthetic issue and may be appropriate for consideration. Mr. Saba stated he thought this would be preferable to residential. Mr. Noutsby stated he was a lifetime resident on He and his family moved there before Target. The minutes from back then indicate the City Council 1.13 Madison Street.. City Council made a verbal PLANNING COMMISSION MEETING JUNE 4� 1g97 PAGE 14 commitment to the property owners there that they would dedicate the area behind Target as a park to be a buffer zone for Target. He does not want trees taken down or damage done to the wildlife or the buffer. He asked if staff had taken that into consideration. This is a park and the City has the right to build what they want on a public park. He does not want the City to build a commercial building. Mr. Saba stated it is not something we want to build. The problem is that the telecommunication act as passed by Congress took away the right from the city to say no. We have two choices. We can either let the telecommunicaLions companies decide where they want to go or we can preselect si.res. The Planning Commission and staff feel that preselection of sites is in the best interest so we can get input and take that input in deciding the final locations. This is excellent input. He would prefer to stay away from residential area. Mr. Noutsby stated in their neighborhood they don't need a tower. As far as no health risk, he has heard that too many times in his lifetime. At the time of the Korean War, tney were sprayed with DDT and told it was perfectly safe. When the major power lines were installed, they said it would not hurt anyone but they found out later it was harmful. This may be the same. He hopes they are right and that people will feel no effects in 20 years. He felt it should be kept away from the neighborhoods. Ms. Charchenko stated she lived next to the well site on Cheri Lane. She would just as soon not have it there. This is a residential area. The Lake Pointe site would be perfect. She lives right next door to this site and does not think it is a good idea. Mr. Britven stated he lives near Commons Park. Is the installation going to go on the water tower in that location? Mr. Hickok stated it is possible and that is something they would consider. Water tower applications are very common. It is not certain. The City would go back to the Park & Recreation Commission before doing anything in a park. Mr. Britven asked if these are strictly relay systems or are these bases. Mr. Hickok stated their understanding is that these would be relays and not bases. The closest example of a base is the Arden Hills site that has buildings at the base which serves as a base that sends out signals to the secondary towers. If he understands the question correctly, it is whether or not we wi11 have a 1.14 PLANNING COMMISSION MEETING, JUNE 4, 1997 PAGE 15 similar impact on base station is a here. Only those building. the land. He thought what they would see on a large building{s). They are looking at towers tower sites that have cellular will have a Mr. Britven stated, when these are constructed, he thought they need to consider the maximum wattage. These emit radiation. It would be interesting to see if you could regulate the power per unit area in milliwatts by the different vendors throughout the poles. He does not have cable TV. Would this interfere with the regular TV channels? Mr. Hickok stated their understanding is that it runs on different bands completely and will not interfere with the other bands. Mr. Britven's previous points are clearly spelled out in the Federal regulations that cities cannot control power and interference. That is controlled by the Federal government. Mr. Oquist stated he would expect that, if there is interference, they are going to have to put some filters out there. Mr. Britven stated, with these poles and multiple vendors, he thought the city should have some sort of regulation on maximum wattage if you get multiple vendors on a particular pole. He asked staff to explain more about the wattage. Mr. Hickok stated there are a number of pieces of literature that are available either from the industry itself or from third parties that have done separate analysis of this issue. This particular piece of information is from the Personal Communications Industry Association which talks about structural components of the towers, the frequency or EMF, etc. Under the EMF, it states .that many wireless services operate at a low power level. For instance, cellular and PCS transmitters operate at 100 watts or less. Paging transmitters and two-way radio antenna seldom operate at power levels higher than 100 watts: On multi- use towers, the systems that operate at higher power levels are usually located towards the top of the structure and the lower powered cellular and PCS transmitters are located toward the bottom. With three vendors on a tower, we might see a wattage that would be approximately 1500 watts. Likely, we would see a mix of cellular at 300 watts, pagers at 500 watts, and�PCS applications at 100 watts. With a height of 150 feet, it would be reasonable to expect three vendors on a pole. Mr. Grandstrand stated his first concern was aesthetics. With the latest discussion he is having another concern which is the introduction of commercial traffic into a residential area. If we have one or two towers and have vendors that have to access those 1.15 PLANNING COMMISSION MEETING, JUNE 4, 1997 PAGE 16 areas with some frequency, he thought that would introduce into the picture commercial traffic on residential streets. They have a unique neighborhood with children playing in the yards so that brings in another issue to consider. For those that are not familiar with the neighborhood, this is a rather isolated area. It is bound on the west by 7th, Madison on the east, and three cross streets - 53rd, 54th, and Cheri Lane. There is one way in and one way out. The infrastructure is there for residential traffic, but if you start adding to it he did not know how much commercial traffic could be supported. Mr. Kondrick stated he thought the service vehicle would be a van. He did not think they are t,alking about a lot of trucks back and forth. Mr. Grandstrand stated, as far as frequency, that may be more of an issue. He did not know who made the decision to construct the sports storage facilit y. That building in itself has introduced so much more traffic in that area. They will see people there once a month, and they will see vehicles come in there by the dozen. Everyone that has children in a sports program is serviced by that facility and will come in one car after another for a period of an hour to an hour and a half. People will turn around in the driveways. The children have come in, swung on trees and broken limbs. These are things that are out of place with the neighborhood. It is just another item to bring in traffic that does not have business in the neighborhood. Ms. Amundson stated her question.was about safety concerns. When she goes into the bank, there is a sign asking people no to use cell phones. Mr. Hickok stated the same is true on airplanes. Where there is any chance that this would interfere with a security system or flight/safety systems, you will be asked to turn it off. On this technology, you have more power in your hands than on the pole itself. This is an issue that is very clear in the�FCC regulations about how the tower is.structured and what kind of impacts this power will have on the surrounding area. It is negligible. Mr. Saba stated he works in the network industry. The big problem is getting oscillator chips which generate the signals. That signal may interfere with the security systems in a bank or on an airline. Ms. McPherson stated it may not be a case of the actual electronic technology although she has noticed more and more places are asking people to turn off their phones. It may be just a 1.16 PLANNING COMMISSION MEETING, JUNE 4, 1997 PAGE 17 situation of the bank trying to create a quiet space to work with clients. It may not be a health risk but it may be an issue of consideration. Ms. Amundson asked what is happening with New Brighton and other cities. Is anyone challenging this? Ms. McPherson stated she did not know what New Brighton was doing. She will check. Mr. Hickok stated they were seeing a broad spectrum of responses. Roseviile is getting a number of towers and they seem to be doing a good job of regulating where they a,re going. Shoreview and some of the other communities have taken a closer look. They have had some experience with radio towers of a different type that is causing them to slow down and take a look. A moratorium is a popular response to the .FCC regulations. At the time staff asked the City Council to consider a moratorium, Washington County was about the only other morat.orium staff was aware of. Since then Coon Rapids and some other communities also have a moratorium. � Ms. Amundson stated she thought they should look at other cities and what they are doing. Ms. Grandstrand stated, if these forums continue, mare of the people in the areas where these are planned should be notified. Persons within 350 feet are notified. She thought the whole area should be notified rather than just those within 350 feet: Mr. Saba stated a notice is placed in the newspaper. Ms. Grandstrand stated it is different if the notice is received at your home. Like an advertisement, if you put it in different forms, more people will see it. Mr. Noutsby stated from the comments from the people we don't want this in our neighborhood. What can we do to stop it? He thought it should be going into a commercial area. He does not care if it needs to be higher. They don't need anything more in their neighborhood. That small area is their buffer from Target and commercial. There in not much left for them. Mr. Kondrick stated these comments will be forwarded to the City Council for consideration. Mr. Hickok stated they are cognizant of putting towers in residential areas. As an example, there are three points south of I-694 that have been chosen. All of this has been done in a way that it takes the City, lays out the geographic area, and tries to 1.�7 PLANNING COMMISSION MEETING, JUNE 4, 1997 PAGE 18 find locations that match the technology and match the reasonableness test we have to pass. Folks from the area of Lincoln and Slst probably would also say they did not want this in a residential area. We cannot avoid residential areas. While this is information gathering, he did want to point out that we are at a bit of a disadvantage when it comes to being reasonable in our coverage expectations so we are considering areas we may not have considered before but that have location features that are necessary. It is not a contradictory use as they see it. The screening would have to be taken into consideration. If it determined that a park is an appropriate location, the Park & Recreation Commission has asked that it come back to them and that they take a sp�,�cific look at it. It will be an elaborate review process before a tower is placed in a park. We may not be able to assure people we can keep them out of residential areas. Mr. Grandstrand thanked the staff and Planning Commission for the opportunity to express their opinior.s ar.d share their thoughts. Ms. McPherson stated she checked to see what other commnnities are doing. Staff have talked with Mounds View, Richfield, Brooklyn Center, New Brighton, Cr�stal, and Brooklyn Park. New Brighton h�s adopted a zoning ordinance amendment. It appears they have gone through the process. Based on their matrix, towers are allowed in commercial and industrial districts, in park areas,'and it appears that single family districts are considered. It does not appear that they are processing special use permits, but they do have some strict standards on height, setbacks, support buildings, etc. Mr. Sielaff stated he would like to see some close scrutiny by us on what other cities are doing. We have control over what we do here. He is concerned about what other cities are dning. If other cities put towers in commercial areas close to our boundaries, it could be close to our residential areas. He thought that could impact Fridley. Mr. Oquist stated, if another community does that, we cannot stop it or do anything about it. He thought we needed to be aware of it. He thought the communities in this area need to form a committee to say this is what we are doing and coordinate those efforts. He thought they could have some control through coordination. 4. 1998 COMMUNITY DEVELOPMENT DEPARTMENT GOALS & OBJECTIVES Ms. McPherson stated this item is the presentation by Ms. Dacy as made before the City Council. That was to have been a video taped presentation. Unfortunately, the videotape is on loan to one of 1.18 PI,�I�TNING COMMISSION MEETING, JUNE 4, 1997 PAGE 19 the Councilmembers. This item will be presented at the June 18 meeting. 5. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF APRIL 23, 1997 MOTION by Mr. Kuechle, seconded by Ms. Saba, to receive the minutes of the Appeals Commission meeting of April 23, 1997. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF T'iE PARKS & RECREATION COMMISSION MEETING OF MAY 5, 1997 MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes of the Parks & Recreation Commission meeting of May 5, � 1997. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT MOTION by Mr. Oquist, seconded by Mr. Sielaff, to adjourn the meeting. � UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON iCONDRICK DECLARED THE MOTION CARRIED AND THE JUN� 4, 1997., PLANNING CONIlriISS20N MEETING ADJOURNED AT 9:08 P.M. Respectfully submitted, �i C(% Lavonn Cooper Recording Secretary 1.19 S r G N— IN S H E E T I'LANNING COMMISSION.MEgTING, Wednesda y, June 4, 1997 . 1.20 CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 18, 1997 CALL TO ORDER: Chairperson Savage called the June 18, 1997 Planning Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Larry Kuechle, Connie Modig Members Absent: Brad Sielaff Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Todd Mosher, Greenberg Farrow Architects, 1101 Perimeter Drive, Schaumburg, IL � Vern Taber, Home Depot, 5650 Main Street, Fridley APPROVAL OF JUNE 4, 1997 PLANNING CONIl�IISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to approve the June 4, 1997 Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AY$, CHAIRPSR90N SAVAGE�DECLARED THE MOTION CARRIED UNANIMOUSLY. -� 1. (Tabled from 6/4/97 meetin ) PUBLTC HEARING: CONSIDERATIOA OF SPECIAL USE PERMIT, SP #97-02, BY HOME DEPOT USA, INC.: To allow nurseries or garden centers which require outdoor sales and storage on Lot l, Block.l, Home Depot Fridley Addition, generally located at 5650 Main Street N.E. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to remove this item from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Kondrick, seconded by Mr. Dquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:40 P.M. Ms. McPherson stated that prior to the staff presentation, staff would like to present a short videotape of the Maplewood Home Depot location, showing a similar outdoor sales area as that. requested by the petitioner in Fridley. Ms. McPherson sta�ed that 2.01 I PLANNING COMMISSION MEETING, JUNE 18, 1997 PAGE 2 the video was created prior to the May 7, 1997 Planning Commission meeting. The video showing the Maplewood Home Depot store was presented. Ms. McPherson stated that while the video was taped early in April or May, recent site inspections by staff�have revealed that the conditions have not changed significantly since that time. Mr. Hickok brought attention to the vehicular movement and the storage of treated lumber at the Maplewood site during the video presentation. He also stated this the Maplewood store's garden center has many similarit�,es to the Fridley store. Ms. McPherson stated that the petitioner, Home Depot, is requesting a temporary garden sales area to be allowed in the southeast corner of the parking lot. The proposed sale time would be from the 4th week of Aprzl to the lst week of July each year. Ms. McPherson stated the proposed sale area is 22,000 square feet, or 100' x 220'. Ms. McPherson stated that Home Depot is located at the intersection of Main Street and 57th Avenue, with approximately 11.68 acres in area. The property is zoned C-3, General Shopping Center, and is surrounded on all sides by M-2, Heavy Industrial zoning. The City rezoned the property from industrial to commercial to allow construction of the Home Depot store in 1994. Ms. McPherson stated that Home Depot has a garden sales area which is constructed as part of the Home Depot facility. This garden s.ales area is 27,972 square feet. The original special use permit to allow the garden center stipulated that no garden sales.were to occur outside of the garden sa�es area. Staff's position is that any additional sales should be integrated as part of the building. Ms. MePherson stated that staff's recommendation to the Planning Commission is that it recommends denial of the request to the City Council for the following reasons: l. The request is contrary to the original special use permit for garden center sales. 2. The request occupies a significant amount of parking area. 3. The request creates traffic conflicts with, pedestrians. Ms. McPherson stated staff's alternative would be to construct some type of enclosed area along the front of the facility or to expand the existing garden sales area to accommodate the 2.�2 PLANNING COMMISSION MEETING, JUNE 18, 1997 PAGE 3 additional sales requirement, similar to what was required of Wal- Mart in 1994. Ms. Savage asked if there were any similar businesses in Fridley that have garden sales in the parking lot. Ms. McPherson stated that the only similar request would be the Target store, which received a special use permit prior to the Wal-Mart request in 1994. The Wal-Mart request has set a precedent requiring that garden sales be integrated as part of the overall building design. Ms. Savage asked if Wal-Mart requested garden sa1�s in the parking lot. Ms. McPherson stated yes. Wal-Mart did request garden sales in the parking lot, and staff approved them one year of sales with the stipulation that the following year the sales must occur within an expanded garden center area, which they did comply with. Ms. Modig stated that Menards used to have the same thing and they have discontinued that. Ms. McPherson stated that was correct. Mr. Oquist asked if this would be seasonal, and would be only good from the 4t'' week of April through the lst week of July. Ms. McPherson stated that since this request would not be� considered by the City Council until the first meeting of July, this years' sales will not occur in the parking lot, so this special use permit would�become effective in 1998 if approved. Mr. Oquist asked if this could be a seasonal request or would it need to be approved on a yearly basis. Ms. McPherson stated a stipulation stating it is valid for a one year growing season could be approved. Special use permits are typically approved to run with the property, so a stipulation would need to be approved to require annual approval of seasonal sales. Mr. Saba asked if the garden center that was shown on the video sells for the same period of time or if it was permanent feature of the store. Ms. McPherson stated that was a good question for the petitioner, however, in other communities that were surveyed which have Home Depots and have issued some type of seasonal sales stipulations, 2.03 PLANNING COMMISSION MEETING JUNE 18, 1997 PAGE 4 they do limit the amount of time of the sales. Mr. Mosher presented a site plan showing the Fridley Home Depot store and the existing garden center, and indicated the traffic circulation patterns. He stated this request was for a temporary, seasonal sales area for the 4th week of April through the lst week of July. He stated that in Fridley, there is an abundance of parking spaces available, which dictates the size of the requested temporary garden sales area. Mr. Mosher described some of the items which would be sold in the temporary garden sales area and explained the proposed circulation of the sales area. Mr. Mosher stated that as far as staff's recommendation of denial is concerned and the three points that were mentioned earlier, it is true that the proposed garden area occupies a significant amount of the parking area, but it does not impact the parking ratio. Mr. Mosher believes that there is no conflict in terms of traffic or pedestrian crossing than currently exists. Mr. Mosher stated that as far as the comment to the original special use permit, it is true that it does not permit the sale or display of plant materials outside of the existing garden center. What Home Depot is hoping to do�is to extend the garden center in an effort to comply with that stipulation and consider this as temporary and seasonal which would be within the confines of the garden center and essentially comply with the stipulation of no outdoor sales. Mr. Mosher stated that in closing, a large part of Home Depot's business is the annual sales of lawn and garden materials. This is the bread and butter of their annual sales. They would like to make sure that they .can meet the peak demand for product by do-it- yourself-ers in the area. He stated that the window of opportunity is very short. Mr. Mosher stated that he wished to introduce Vern Taber, who is the new Fridley store manager. Mr. Kondrick as.ked if the fence is erected around this area would be permanent. Mr. Mosher stated that it would be a temporary fence. He stated metal sleeves would be installed in the parking lot in which the fence pole would be inserted. Mr. Kondrick asked if there were plans to sell fertilizers or any kind of plant materials that would contaminate the water drainage occurring at the site. 2.04 PLANNING COMMISSION MEETING, JUNE 18, 1997 PAGE 5 Mr. Mosher stated it would not be under cover. It was his understanding that the fertilizers that they currently have in the garden center are not under any cover. Mr. Taber stated that they would like to store fertilizers and topsoil in the seasonal sales area. They are products that they have difficulty maintaining adequate quantities of to meet the demand of the customers. He presented sales information regarding the sales amounts of a variety of products. Mr. Taber stated that looking at the video of the Maplewood store, he agreed that it is embarrassing. It is a pre`ty ugly eyesore; and he committed that he wo.uld not have that kizd of eyesore here in Fridley. He stated that whoever was in charge of inerchandising at the Maplewood store over ordered or didn't care what items looked like. What he proposes to do is to create a single level of inerchandise so as to not create an eyesore and make it easy for the customer to shop. Mr. Taber stated that the garden center sales window is very short in Minnesota when compared to California where he is from. That is the reason that they are askinq for only a temporary sales permit. He stated that he had difficulty finding a.good variety of items at othex stores, Home Depot and K-Mart were the only stores to have good varieties and selections of plant materials. Mr. Kondrick asked if the petitioners would be opposed to a stipulation that limited the stacking of inerchandise to six feet high. Mr. Taber stated they would not be opposed to. that kind of stipulation. Ms. Modig asked what kind of security would be used. Mr. Taber stated a rollaway gate with a chain lock on the outside. Any losses that they may have are nominal. They also have lights in the parking lot at night. Ms. Modig stated she was more concerned with vandalism rather than stealing. She was especially concerned with bags of materials like manure or bark being broken and scattered around and possibly ending up in the storm sewer. Mr. Taber stated that a cyclone fence six feet in height would discourage vandalism. Ms. Savage asked why Home Depot stipulated that there would be no outdoor sales of plant materials outside of the garden center and 2.05 PLANNING COMMISSION MEETING JUNE 18 1997 PAGE 6 are now before the Commission requesting additional garden sales area. Mr. Taber stated that Home Depot did not conceive what kind of garden center demand there would be in a short period of time. They simply cannot provide enough goods for the public for what the demand is. He agreed that the existing garden center is huge, • but it does not meet the demand of the customers. Ms. Savage asked what Home Depot's reaction would be to the. alternatives which are recommended by staff in terms of expanding the garden center. Mr. Taber stated that in the winter, the garden demands are almost nonexistent. If Home Depot constructed another permanent structure, it would be an additional cost for Home Depot to maintain above and beyond the existing building. This would be a negative in the profit and loss column. Mr. Mosher stated that Home Depot is only asking to conduct the seasonal sales during the "peak" demand time. Ms. Savage stated that she understood that, but Home Depot was asking far that to occur every year. Mr. Saba asked if it was correct that the City does not allow fertilizers and pesticides be stored outside, even if it was covered. _ Ms. McPherson stated that was correct. Mr. Taber stated that Home Depot would be flexible and keep potentially hazardous items in the building to reduce their environmental impact. Mr. Saba stated that the Commission was concerned about the environment and would like to limit possible contamination from pesticides, herbicides and other like products. Mr. Kondrick stated his concern was placing the structure in the parking lot. The parking lot was designed for a certain number of parking spaces. He was concerned by the loss of parking. Mr. Mosher stated that Home Depot originally proposed a third building in the northeast corner of the development. Home Depot conceded this area to parking and therefore they have 86 spaces extra. Even with the temporary garden sales structure, there still is an additional number of spaces. 2.�6 PLANNING COMMISSION MEETING, JUNE 18, 1997 PAGE 7 Ms. Savage asked if bags of topsoil just outside of the garden center would be permitted. She stated that Lyndale Garden Center stores its topsoil outside of its fence. She asked if this was permitted. Mr. Hickok stated that that is not permitted. No garden sales are to occur outside of the confines of the garden center. Ms. Savage asked for similarities or differences between the Home Depot and Wal-Mart requests. Ms. McPherson stated that the Wal-Mart store is required to sell their garden material� either in the store or in the enclosed garden center area. There have been several occasions where the City had to remind Wal-Mart of those requirements. Ms. Savage asked if the City allowed Wal-Mart to temporarily sell merchandise in the parking lot. Ms. McPherson stated that the City granted a temporary seasonal sale in 1993. They sold plant materials and bagged items such as topsoil and landscape rock and bark, but no fertilizers were allowed outdoors. However, that was only for one year. Staff required Wal-Mart to expand the permanent garden c�nter, which they did in 1994. Mr. Kuechle asked if the Wal.-Mart garden center had a roof over it. Ms. McPherson stated that it did not, however a portion of it had a screening structure and that they.do erect a hoop house each year. Mr. Hickok pointed out that Wal-Mart was allowed a parking lot sale in 1993 with their commitment to expand the permanent garden center. Wal-Mart also experienced difficulty in merchandising when they first came to Fridley. Merchandise woul.d be stored outside in dropped trailers. Wa1-Mart constructed a permanent screening enclosure in the rear of the store to screen this merchandise. Outdoor storage and display at Wal-Mart are not permitted. Mr. Kuechle asked if there was the possibility of a five year approval on this type of outdoor sales request. - Ms. McPherson stated that would be within the City's ability to place a time limit on such a request. Mr. Hickok stated that it would be very important for the time . z.o% PLANNING COMMISSION MEETING JUNE 18, 1997 PAGE 8 limit to be tied to a performance evaluation. Mr. Saba stated he had a concern with past performance with Home Depot. A stipulation was approved with the original special use permit to not allow outside storage and display, but yet now there is a request for additional outdoor display and sales. The City had a difficult time getting Home Depot to remove their outdoor displays of inerchandise. He wondered what kind of enforcement would the City have if the request for temporary seasonal sales was approved. Mr. Hickok stated that was a concern of staff as well. He stated that a recent inspection showed that outdoor storage, display, and sales are happening now at this site. He is concerned about follow-up enforcement and adherence to stipulations that have already been placed on this property. Mr. Saba stated that it would be wiser for the City to seek performance first and then approve additional activity than to approve the activity and seek compliance later. Mr. Taber stated he has a clear understanding of how the City feels and has every intention of following the City's regulations. He stated that when he first arrived at the store, it was a mess both inside and outside. He stated he would be happy to listen to any issues or concerns the City may have. He was unable to commit to a specific length of time. Mr. Saba,stated that the Commission was somewhat embarrassed by the performance of Home Depot after the Commission had fought long and hard over the objections of staff and the neighbors to approve the project. This approval was based on commitments made by Home Depot corporate representatives. Mr. Mosher stated that he was involved in the earlier approval process and that Home Depot is.a young company that is still evolving. He stated that the original stipulations committed to by the real estate departments were not communicated well to the store managers. Mr. Taber stated that when they are allowed to have merchandise outdoors, they can become very aggressive. It almost becomes a carnival-like atmosphere with children building birdhouses or planting trees. Ms. Modig had a question about parking spaces. She stated in the staff report it stated that a significant amount of parking spaces would be occupied by the structure, but by the petitioner's figures the parking would be more than ample. It is a 2.08 PLANNING COMMISSION MEETING, JUNE 18, 1997 PAGE 9 contradiction to each other. Mr. Hickok stated the parking that would be impacted by the proposed garden center area is four rows at 220 feet, with parking stall width of ten feet, that would be 22 stalls times four, which is eighty eight stalls to be taken away. He agreed that there is a lot of parking, however, there is an open parking arrangement with PetSmart to the north. He stated it is a combination of issues that concerns staff and not merely numbers of stalls. Staff is concerned with the appearance of the after thought of the garden center in an area that was originally dedicated to parking. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that she had a lot of concerns regarding this request. She was concerned about the precedent the"Commission would be establishing if they approved this request. They would open the flood-gates to future seasonal parking lot sales. Ms. Savage stated that there has been an effort to improve Fridley's image, and`that outdoor parking lot sales are the direction the city wants to go. She was pleased that Wa1=Mart was •required to integrate their sales into the building. Mr. Kondrick stated that the staff report mentions other- communities where Home Depots are located. Not one community alYows the request being asked by the petitioner. He questioned ' why Fridley was being singled out. He stated that if the Commission approved the request, no outdaor storage of chemicals should be allowed. He concurred with Ms. Savage's comments. Mr. Saba stated that the commitment made by the.store manager should be the commitment made by the CEO and in the mission statement to respect community rules, regulations, and requirements. He stated that he was concerned about what would happen in the future. He would vote no until he could see some performance and commitment by the corporate level to the agreements previously made. Mr. Oquist stated that he agreed with Ms. Savage's comments regarding precedent. He was also concerned with the fact that the Commission was being asked to approve something today that would not be implemented until next year. He too would like to see improved.performance and commitment to previous stipulations prior to granting additional activity on the site. The time frame for 2.09 PLANNING COMMISSION MEETING, JUNE 18, 1997 PAGE 10 this year is gone. Ms. Modig stated that she agreed with the comments of the other commissioners. She stated that this request is contrary to what the city is trying to accomplish. Nothing from past history supports the commitment the new store manager has made tonight. MOTION, by Mr. Kondrick, seconded by Mr. Saba, to recommend to the City Council denial of Special Use Permit request, SP #97-02, by Home Depot USA, to allow nurseries or garden centers which require outdoor sales and storage on Lot l, Block l, Home Depot Fridley Addition, generally located at 5650 Main Street N.E. UPON A VOICE VOTE,.ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. DISCUSSION OF 1997-1998 COMPREHENSIVE PLAN PROCESS Ms. McPherson stated that the City is reguired to �,�pdate it's Comprehen.sive Plan by December 31, 1998. To that end, the City Council and Planning staff.have agreed upon a process to involve resident input in the Comprehensive Plan process. Ms. McPherson stated the City has been divided into seven planning areas, and the Planning Commission will conduct a planning area meeting for eaeh area from now until December 31, 1997. The first planning area meeting will be conducted at the July l6, 1997 Planning Commission meeting: Prior to the planning area meeting, a citizen survey will be mailed to the residents within each planning area to gather input for the purposes of discussion at the meeting. Ms. McPherson reviewed the questions on the citizen survey. Ms. McPherson stated that once the planning area meetings have been completed, the Commission will begin work on reviewing the existing Comprehensive Plan to determine if the goals, objectives, and policy stated in the 1980 Plan are pertinent for the City during the next ten years. A second set of planning area meetings will occur in 1998 to review the comments gathered, the new goals and policies established, and the overall vision for the next ten years. Ms. McPherson asked if there would be any scheduling conflicts. Commissioners Savage and Kuechle indicated that they would be absent for the August 20, 1997 meeting. Ms. Savage asked if all the residents in the area would be 2.10 PLANNING COMMISSION MEETING, JUNE 18, 1997 PAGE 11 contacted. Ms. McPherson stated that would be correct. Mr. Oquist asked when the first survey would be mailed. Ms. McPherson stated the first mailing would go out June 27, 1997. Mr. Kuechle asked to see a copy of the survey form. The survey form was passed to the commission members. Mr. Oquist asked if business owners could respond even if they were not residents. Ms. McPherson stated yes. Mr. Saba suggested that staff ask about more general problems in their neighborhood. Mr. Oquist suggested asking parallel questions about the neighborhood and the city. Ms. McPherson stated that the purpose of the survey was to determine issue areas as opposed to site specific complaints. Ms. Modig asked about the Values First Neighborhood Signs. Ms. McPherson explained the Values First Program. �Mr. Saba suggested that a Values First banner s�ould hang behind the Council bench. Mr. Oquist asked why staff is using essay versus ranking question. Ms. McPherson stated that the City Manager will be doing a ranking survey in the fall. The essay questions allow the residents to be more expansive and to determine what is important to them. In a ranking survey, staff would need to determine what were the important questions to ask. 3. VIDEO PRESENTATION OF 1998 GOALS & OBJECTIVES Ms. McPherson stated that Barbara Dacy, Community Development Director, for the June 2, 1997 City Council Conference meeting regarding the 1998 budget prepared a nine minute video presentation regarding the Community Development Department's 1998 Goals & Objectives. Ms. McPherson stated that staff felt the Planning Commission would 2.1 i PLANNING COMMISSION MEETING, JUNE 18 1997 PAGE 12 be interested in reviewing such a video and is prepared to present a video this evening. The Planning Commission watched the video presentation regarding the 1998 Community Development Department's Goals & Objectives. Mr. Kuechle asked what a Point of Sale Ordinance was. Ms. McPherson stated that a Point of Sale Ordinance would require all homes to be inspected at the time of their sale. The ordinance may require reporting only, correction of hazardous items only, or correction of all items noted as deficient. Mr. Saba stated that the video indicated development of a city brochure. He indicated a good example of a city brochure would be Maple Grove's city brochure. 4. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF MAY 8, 1997 MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the Housing & Redevelopment Authority meeting of May 8, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY & ENERGY COMMISSTON MEETING OF MAY 20, 1997 MOTION by Mr. Saba, seconded by Mr. Kuechl.e, to receive the minutes of the Environmental Quality & Energy Commission meeting of May 20, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 28, 1997 MOTIOI3 by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes of the Appeals Commission meeting of May 28, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT ; MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. 2.12 PLANNING COMMISSION MEETING, JUNE 18, 1997 PAGE 13 UPON A VOICE VOTE, AL�, VOTING AYE, CHAIRPERSON SAVAGE DECLARED TAE MOTION CARRIED AND T$E JUNE 18, 1997 PLANNING CONII�lISSION MEETING ADJOURNED AT 9:28 P.M. Respectfully submitted, _ , ,. � T 1;;� I ��-�i�� !� ����1 �� �_:���-� ,� l,_f<<. , Michele McPherson Staff Liaison to the Commission 2.13 0 S I G N— IN S H E E T PLANNING COMMIgSION MEETING, Gtednesday, June ]8, I997 2.14 ( CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioner, Karl Foster, �equests that a special use permit be granted to allow construction of a second accessory structure. The petitioner is proposing a 24' x 24' garage with a living space addition to his existing dwelling unit. The petitioner is also required to process a variance as the existing dwelling is located six feet from the north property line as opposed to the required ten feet. Section 205.07.01.C.(1) of the Fridley City Code, to allow construction of a second accessory structure over 240 square feet. I Located on the property is a 26' x 30' garage which was constructed in 1996. The petitioner's ' new garage would then be conside�ed the second accessory structure even though it is attached to the dwelling unit. The new garage will be arehitecturally compatible with the dwelling since they are connected. Both structures, the "old" garage and the new construction, should be compatible. A hardsurface driveway to the proposed garage and between the proposed and existing garages will be required. The garages may not•be used as part of a home occupation. The proposed garage does not create an adverse increase in lot coverage nor does it exceed the total maximum square footage of all accessory structures (1,400 square feet). RECOMMENDATION TO THE PLANNING COMMISSION Staff recommends that the Planning Commission recommend approval of the request to allow � a second accessory structure with the following stipulations: 1. The existing and proposed garages and dwelling shall be architecturally compatible. 2. The accessory structures shall not be used for a home occupation 3. The petitioner shall provide a hardsurface driveways to the proposed and existing garages by July 31, 1998. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. I CITY COUNCIL RECOMMENDATION ' Staff recommends that the City Council concur with the Planning Commission action. �t�l� Project Summary SP #97-05, by Karl Foster Page 2 Petition For: Location of Property: Legai Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: PROJECT DETAILS A special use permit to allow a second accessory structure over 240 square feet. 6654 East River Road N.E. Part of Lots 7 and 9, Revised Auditor's Subdivision No. 23 80' x 150'; 12,400 square feet Flat Sod, trees, garden R-1, Single Family Dwelling; Revised Auditor's Subdivision No. 23 Connected East River Road East River Road bikeway on east side None The zoning and Comprehensive Plan are consistent in this location. To be taken 3.02 Project Summary SP #97-05, by Karl Foster Page 3 WEST: SOUTH: EAST: NORTH: ADJACENT SITES: Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Site Planning Issues: REQUEST Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential The petitioner, Karl Foster, requests that a special use permit be granted to allow construction of a second accessory stn.icture. The petitioner is proposing a 24' x 24' attached garage with a living space addition to his existing dweiling unit. The petitioner is also required to process a variance as the existing dwelling is located �six feet from the north property line as opposed to the required ten feet. SITE DESCRIPTION/HISTORY The subject parcel is located on East River Road one block north of Mississippi Street. Located on the property is a single family dwelling measuring 24' x 36' and constructed in 1928. Also located on the property is a garage constn�cted in 1996 measuring 26' x 30'. The property is zoned R-1, Single Family Dwelling, with additional single family homes to the west and north. The dwellings to the west are located on "flag" lots. Located to the south of the subject property are the East River Road Apartments. ANALYSIS Section 205.07.01.C.(1) of the Fridley City Code, to allow construction of a second accessory structure over 240 square feet. The petitioner is proposing to construct a 14' x 30' living area addition to the existing dwelling. In addition, an attached 24' x 24' two-car garage is proposed. The proposed garage will be located in front of the garage constructed in 1996 and wilt have an overhead door in the rear wall to allow the drive-through of vehicles. The prQposed garage and living space addition in combination with the existing garage does not increase the lot coverage over 25% of the lot area. In addition, the combined garages are less than the 1,400 square feet allowed under Section 205.07.01.6.(1) of the City 3.03 Project Summary SP #97-05, by Karl Foster Page 4 Code. Typical stipulations for similar requests include architectural compatibility befinreen structures, provisions of hardsurfaces, and no use of the garage for a home occupation. The proposal does not adversely impact the adjacent properties. STAFF RECOMMENDATION TO THE PLANNING COMMISSION Staff recommends that the Planning Commission recommend approval of the request to allow a second accessory structure with the following stipulations: 1. The existing and proposed garages and dwelling shall be architecturally compatible. 2. The accessory structurES shalt not be used for a home occupation. 3. The petitioner shall provide a hardsurface driveways to the proposed and existing garages by July 31, 1998. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 3.04 , . / , / ` � '� � 1 � 1 '""°,�,,�„ / �R,� , � � I ` I �� - � .� . �� P; � � �. ,. . ► / � � � � � � R3 y, •�� �� � � � _ . � / ,___:- � • ---- _� � P . :� � � � ` �� , , � -. � ► , � �� ��v�� � : .• . �. � � ��; � . . . � . � • . �: . c2 � _ � �� - � ��.v. ` -�� � -,� d. ` ,�- _ ,p�vrE � r�ssss � , . ��'_;�� .. ��"�`� � C � ��- — �� o r � r � u � _, � ► ♦ � '� ` r : za,�� o�«,�: o�z =� F�" � SP #97-05, 6654 East River Road � R 3- C�s�er-al AA�Ifiple Units 0 R-4 - Nbbile Horre Parks ��"° -�""` °�°�"� This request, by Karl Foster, � s, - M� �a�c n�iyr,e«►,00d � s2 - �o�x a�a o G� -� �� is to allaw a seoond garage. 0 c2 - c� a,�� = G3 -� �� The petitioner proposes to � GR1- Ger�'al Office ��-' -'�'�� build a 24 x 24 foot 0 nk2 - �n i�,d�t�� � nn-3 - a,�d� i�� �y i�,d. i ��_��„� i attached garage with an o�, �''°F�'rt`� ' addition to the ho se. � j � Poqif-0E-WAY L--- --- ------�-�i'�--- --� � _ _ �►�1 � .� � � � � N A I 2/'IBJ97 Compi�ed and dran�n irom otfiaal reoads based «, a�a� n�. �o �,a �� n� � date 1rz7�5stogetl�vwtli al� ame�id. ord� araes adopted and effecti�re as oF ?J1�19l. �������,���m� vide u,e most up-rodate inf«maa«, a�ailable. 7he data pne,se�ed here is s�ject eo d,arxx�ee. The City of Fridley will not be resporsible for tr�or� errors or usage of this doair�rt. E���I� SP ��97- Kar1 Fo L � �' ' � � � _�, ,��Q} �:, � � � � � �- �er � V � � Q � �� � � ��i J _ _ _ - . � � \ / �� . �_._._ ..' "._ _ ... . _ . �^ � , ' `L t � ^� � � �' � t L � + ,a ' , ,a y � 1 ;� , } i- 'r_. � r. � ,j .! � s , -� .. _ _ : ' � 1 (�� . _ °�- '`� � ` . , i/ _� �. .�. V .:� � �7" �,_ ___----- ----- �" . za�so3 I???I _ .,,� �� _ SO-L6�� dS ' t 1 «: ,^ � a, i _-� ;�`.� � ; �.� � �� ,� � � �` ._. _ .: . :�: � � . .. f :� :._�.; �i} � : O v "1 - �) ..: �/�- :<1 � f V � � .%) � •� � i�J � � , , t � j'� '� :^i L� � �. _ _�.�� >�-� �� � � � � � �� ��, �� � ,, �� J ��E} '"3 �J��� �. _� 4� } � � 1. : . �� } . l�,� '� � �� � vi � '�� li} .Cs � z '�' l .. t! � •'j! � ,$, �:i� i yn � !— � ;. �- � y S � 1; � �'- • }— ��..�. `. �:���� -�- ��, J , —r - � 1 n � -� t � � v �~ = � �� --�� �}.� � ? Z 'G � 2 � r N�� a � " LS. L! � T . _' -,� �? �-' � .,i` • . t�.' , _ � pC' �.. �: �� -Y� 9 �,. ,� �f� ,� � 4 Z 4 �. Li � 7'� -�} ` �� ��. �; J Sd. � : ; �_ . � �� �., . � . �;y�ijLU' _. '...�- ,.� L!i 2 � � �'� r z �-- i.: }-- �t1 "� !` � . , j �; a-. � : s � `� w ' ` � `� Z � i ;�1 -Z.�� , __� ��- (— �: _1 : SP ��97-OS Karl Foster 3.08 �1-1 �� � _ � � � ~ \ �--� �� `° � � � �, �i�� n-1� �, � PI.ANNING COMMISSION MEETING, JULy 16, 1997 PAGE 14 - What is a Star City and why is Fridley not desig�ed as one and surrounding communities are. Ms. Savage read responses to the question, "What ole or roles does Fridley play in the larger Minneapolis/St. aul region?" - Small, safe, convenient home town; sho d be considered an increasingly attractive place to liv . - Second rinq suburb, convenient loc ion. - Good residential housing for entr�y level home owners. - A second ring suburb with a hist�ry of various, diverse housing, mostly known as a bl -collar suburb.. - Keep the level of living hig , not go down hill as the metro area moves out. Multiple ellings are not the answer. - Make it a safe place to �ve, more patrols by police. - A mini-city, support t� he large metro area. Continue supporting the Wolves/! - The emphasis on news/programs seems like you only hear about bad things. � Ms. McPherson stated he information the surveys and the comments will be passed on t the advisory commissions, the City Gouncil and the HRA. The ommissions will be working on individual chapters of the mprehensi�e Plan and making recommendations for new goals and o'ectives and policies for the next plan. Once a draft document is prepared and some ideas to share, residents wiil be invited to a second meeting which will be held some time next year. Ms. McCue asked if, on the sign in the lobby, that is how staff is going t go about checking. She also expressed concern about person speeding on McKinley and felt that speeds are often 40 to 45 mi es per hour. Ms� McPherson stated yes. Staff will be passing the specific cational concerns on to the appropriate departments and staff ersons. The meeting for area 2 is set for August 20. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT REQUEST, SP #97-OS, BY KARL FOSTER:• Per Section 205.07.O1.C.(1) of the Fridley City Code, to allow construction of a second accessory structure over 240 square feet (23.25 feet x 23.75 feet), on that part of Lots 7 and 9, Revised Auditor's Subdivision No. 23, generally located at 6654 East River Road N.E. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing_ 3.09 PLANNING COMMISSION MEETING, JULY 16, 1997 PA6E 15 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:50 P.M. Ms. McPherson stated the petitioner is requesting a special use permit to allow a second accessory structure over 240 square feet. The petitioner is proposing a second garage measuring 23.25 feet x 23.75 feet which is proposed to be attached to the dwelling and is part of an addition to the dwelling. The property is located on East River Road. It is north of the East River Road apartments and near the Mississippi River. The property is zoned R-1, Single Family, as are the surrounding propert.ies. The apartment property is zoned R-3, General Multiple Family Dwelling. Currently located on the property is a single family dwe�llina with a detached garage. The existing dwelling measures 24 feet x 30 feet. The existing garage measures 26 feet x 30 feet. The petitioner is proposing a 14 foot x 30 foot addition to the dwelling and is proposing the 23 foot x 23 foot garage. Ms. McPherson stated the proposed garage is in conjunction with t�'1e auC�lti0i7 �O *�i.ii2 uW2i.1.1i7C�. iiic Niv�,GS2u �c�inyc -wlii .ric �GCu�cu in front of the detached garage. The petitioner is proposing an overhead door in the rear of the attached-garage in order to allow access to the detached garage. Ms. McPherson stated typical stipulations on requests such as this one incl.ude no_home occupations in the accessory structure(s), architectural compatibility between structure(s), and provision for hardsurf.ace driveway(s). In this request we would require a hard surface driveway between the two garages in addition to the proposed garage. The total combined garage square footage is less than the maximum permitted by code of 1400 square feet. The total proposed by the petitioner between the existing and proposed garages will be 1332.19 square feet. The request does not increase the permitted lot coverage over the maximum 25o allowed. Ms. McPherson stated staff recommends approval of the request for a special use permit with the following stipulations: l. The existing and proposed garages and dwelling shall.be architecturally compatible_ 2. The accessory structures shall not be used for a home occupation. 3. The petitioner shall provide a hardsurface driveways to the proposed and existing garages by June 31, 1993. Ms. McPherson stated staff did not receive any calls or comments r_egarding this request. 3.10 PLANNING COMMISSION MEETING, JULY 16, 1997 PAGE 16 Ms. Savage asked if a variance was also needed. Ms: McPherson stated yes. The addition to the dwelling in order to use the existing foundation does require a variance. The north wall is currently at 6 feet from the lot line as opposed to the 10 feet required by code. The petitioner is proposing to extend the line of nonconformity. The Appeals Commission did recommend approval of the variance request. They voted 2-1 to recommend approval to the City Council. The dissenting vote was not due to the requested variance, but rather to the stipulation. The special use permit request,and variance request will go before the City Council on July 28. � Mr. Foster asked where staff got the measurements for the garage. He thought the plans were for a 24 foot x 24 foot garaqe. That is more standard. Other than that he had no questions. Ms. McPherson stated she got those measurements from the drawings , tti:dt were sub:r�itted. The m2asurements Caii be adj i.isted priOt' t0 the City Council meeting. Mr. Kondrick asked the petitioner if he understood the stipulations and if he had any problems with those stipulations. Mr. Foster stated the addition to the house as well as the existing house will all be done in the same style. The cement work will be done at the time they put in the foundation and slab for the garage. It will all be done at the same time. Ms. Savage asked if the petitioner understood that the garage shall not be used for a home occupation. Mr. Foster stated he would like more information regarding this. Over the top of the attached garage will be a room for a hobby room. His fiance does upholstery work. He asked if that would be considered as a home occupation. Ms. McPherson stated the definition defines permitted home occupations as any occupation or profession engaged in by the occupant of the dwelling unit and carried out in the unit and not within an accessory structure. Permitted home occupations would be professional offices, minor repair services, photo or art studios, dressmaking, teaching or similar uses. Mr. Foster stated the upholstery work will be done as part of his hobby of renovating and restoring classic cars and building street rods. 3.11 PLANNING COMMISSION MEETING, JULY 16, 1997 PAGE 17 Ms. McPherson stated, in that case, that is within the code requirements. MOTION by Mr. Kondrick, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALI, VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:00 P.M. MOTION by Ms. Modig, seconded by Mr. Saba, to recommend approval of Special Use Permit, SP #97-OS, by Karl Foster, to allow construction of a second accessory structure over 240 square feet (23.25 feet x 23.75 feet), on that part of Lot:s 7 and 9, Revised Auditor's Subdivision No. 23, generally located at 6654 East River Road N.E., with the following stipulations: l. The existing and proposed garages and dwelling shall be architecturally compatible. 2. The accessory structures shall not be used for a home occupation. 3. The petitioner shall provide a hardsurface driveways to the proposed and existing garages by June 31, 1993. UPON A VOICE VOTE, ALL VOTING AYE, CAAIRPERSON SAVAGE DECI�ARED THE MOTION CARRIED UNANIMpUSLY. Ms. McPherson stated the City Council will consider this request on July 28. 3. PUBLIC HEARING: CONSIDERATION OF A LOT SPLIT QUEST, L.S. #97-01, BY MONTE AND MICHELLE MAHER: To split 20 feet from the adjacent proper at 670 Dover Street N.E. and add it to the Maher's p operty to make a larger rear yard, on Lots 16, 17, 18,� 9, 20, and 21, except that portion of Lots 20 and 21 desr�ribed as follows: Commencing at the northeast corn�r of Lot 21, thence southwesterly on the north lir�e�of said Lot 21 a distance of 40 feet; thence southeaster�� and parallel with the easterly line of Lots 20 and 21 to�t`he south line of Lot 20; thence easterly on the south �fie of said Lot 20 a distance of 40 feet to the southeasterly corner of said Lot 20; thence northwesterly on t�te�easterly line of said Lots 20 and 21 to the point of commencement, all in Block W, Riverview Heights, generally loca��ed at 7965 Riverview Terrace N.E. � MOTION by Mr. S�a, seconded by Mr. Kondrick, to waive the reading of the public earing notice and to open the public hearing. 3.12 CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioner, Karl Foster, requests that a variance be granted to reduce the side yard setback from 10 feet to 6 feet due to an existing encroachment. If approved, the petitioner will construct an addition and a two-car attached garage to the existing dwelling. The petitic;ner is also processing a special use permit to allow a second accessory structure over 240 sq. ft: ' STATED HARDSHIP: "To use existing foundation that is 6 feet from the property line to qualify for 'This Old House' Frogram" SUMMARY OF ISSUES: Section 205.07.03.D.2.(a) requires a side yard setback of 10 feet between any living area and side property line. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent stnactures to reduce the possibility of �re and to allow for aesthetically pleasing open areas around residential structures. The petitioner stated in his "hardship statement" that he desires to use the existing home and its foundation in order to qualify for the "This Old House" deferred tax program. The petitioner is proposing a substantial addition to the existing dwelling inGuding a expansion of the wall which encroaches into the required side yard setback. As an alternative, the petitioner could reconstruct the dwelling which would then eliminate an opportunity for tax deferment. The petitioner must maintain 50% of the existing structure to qualify for the program. The dwelling is separated from the dwelling to the north by an Amur Maple hedge. There is approximately 35 feet between this structure and the living area of the dwelling to the north. The request is within previously granted variances. No comments have been received from adjacent property owners. RECOMMENDATION TO THE APPEALS COMMISSION: As the request is within previously granted variances, staff has no recommendation for the Appeals Commission. Staff, however, recommends one stipulation if the request is approved: 1. If the petitioner cannot maintain 50% of the existing structure, the structure shall be brought into conformance with the 10 foot setback requirement. APPEALS COMMISSION ACTION: The Appeals Commission voted 2-1 to recommend approval of the request to the Gity Council with one � stipulation: 1. If the petitioner cannot use the existing foundation, the structure shall be brought into conformance with the 10 foot setback requirement: CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commission action, 4.01 Project Summary VAR #97-10, 6654 East River Road Page 2 PROJECT DETAILS � Petition For: A variance to reduce the side yard setback from 10 feet to 6 feet Location of Property: 6654 East River Road Legal Description of Property: Part of Lots 7 and 9, Revised Auditor's Subdivision #23 Size: 80 feet by 150 feet; 12,400 square feet Topography: Flat Existing Vegetation: Sod, trees, garden Existing Zoning/Platting: R-1, Single Family; Revised Auditor's Subdivision #23 Availability of Municipal Utilities: Connected Vehicular Access: East River Road Pedestrian Access: East River Road bikeway on east side Engineering Issues: None Comprehensive The Zoning and Comprehensive Plans are consistent at this Planning Issues: loeation. Public Hearing Comments: To be taken 4.02 Project Summary VAR #97-10, 6654 East River Road Paqe 3 WEST: SOUTH: EAST: NORTH: ADJACENT SITES: Zoning: R-1, Single Family Zoning: R-1, Single Family Zoning: R-1, Single Family Zoning: R-1, Single Family Site Planning Issues: REQUEST: Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential The petitioner, Karl Foster, requests that a variance be granted to reduce the side yard setback from 10 feet to 6 feet due to an existing encroachment. If approved, the petitioner will constn.ict an addition and a finro-car attached garage to the existing . dwelling. The petitioner is also processing a special use permit to allow a second accessory structure over 240 sq. ft. SITE DESCRIPTI.ON/HISTORY: The subject property is located on East River Road, north of River Road East Apartments. It is surrounded on all sides by R-1, Single Family zoning. Located on the property is a single family dwelling constructed in 1928 measuring approximately 24 feet by 36 feet. Also located on the property is a garage constructed in 1996 measuring 26 feet by 30 feet. The property is enclosed by vegetation along the north and west property lines. There are single family homes on "flag" shaped lots to the west adjacent to the river and to the north. The subject property is separated from the property to the west by evergreen trees and native vegetation. ANALYSIS: Code Section Section 205.07.03.D.2.(a) requires a side yard setback of 10 feet between any living area and side property line. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce the possibility of fire and to allow for aesthetically pleasing open areas around residential structures 4.03 Project Summary VAR #97-10, 6654 East River Road Paqe 4 The petitioner is proposing to construct a 14 foot by 30 foot living area addition to the existing dwelling. A 24 foot by 24 foot two-car attached garage is also proposed. As the new garage will be located in front of the garage constructed in 1996, an overhead door is proposed in the rear of the new garage to allow the drive-through of vehicles. The petitioner stated in his "hardship statemenY' that he desires to qualify for the "This Old House" deferred program (see attached handouts). This program applies to improvements made to homes 35 years of age or older. As the petitioner is proposing to substantially reconstruct the existing dwelling, allowing the foundation and north wall of the dwelling to remain allows the petitioner to qualify for the deferment program. The petitioner is required to maintain 50% of the structure. This request is similar to Paul Litwincz;uk's request at 6299 Centra! Avenue where setback variances were granted to allow the existing foundation to be reused for a new dwelling. Mr. Litwinczuk, however, found that the foundation could not be used and built a new house meeting the setback requirements. If Mr. Foster cannot maintain 50% of the existing structure, it should be moved to meet the setback requirement. The petitioner does not propose to encroach any further than the original encroachment. He is, however, proposing to fill in portions of the exisfing dwelling to provide closet space and a second bathroom for the completed home (see attached floor plan). The north wall of the dwelling is screened from the adjacent property to tk�e north by a tall hedge composed of Amur Maples and lilacs. The dwellings are approximately 35 feet apart. The variance request is within previously granted requests. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: As the request is within previously granted variances, staff has no recommendation for the Appeals Commission. Staff, however, recommends one stipulation if the request is approved: If the petitioner cannot maintain 50% of the existing structure, the structure shall be brought into conformance with the 10 foot setback requirement. APPEALS COMMISSION ACTION: The Commission voted 2-1 to recommend approval of the request to the City Council with one stipulation: 4.04 Project Summary VAR #97-10, 6654 East River Road Paqe 5 4. If the petitioner cannot use the existing foundation, the structure shall be brought into conformance with the 10 foot setback requirement. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commission action. 4.05 ♦ /, I 1 �� � r� � � � � ' �+ae,M,w � �R,� 1 • � / 1 �� � ::, , •, , �, P.: ,. , , � ; � �'"' � , _: � . � � � �,�� o�«�: � F�1 - a,e Fan:y Units - C] F�-2 - Two Fartily Urrts (� f�3 - General Mltiple Uryts � F�4 - Nbbiie Home Parlcs � PUD - Plarxied Urrt De�eloprr�nt � �, -��►�� [� S2 - Redevelopmert Distrid oG, -��� � c2 - c�,� e�� G3 - General SFx�ping � GR1- General Office � nMi - �nc i�,a��� 0�.2 -���;� nn3 - oudoor �ntensi„e f-lea�,y �rxi. � � - ��� � P - Public Fadlities o �� 0 Poc�ir-oF vuAY � � i i � , � R3 •., �- I / ------ --� I �-- --J 1 P , , ; � � Po����� � � � ,�,• . � . � � . . :� � • _ .- _ ,- v ��C �� . . :� .:.¢ • ��r • a� WAV� � , � RT� M�q � , �'� . � � � � �r , �, � v ♦ � �. ! . �,: VAR #97-10, 6654 East River Road This request, by Karl Foster, is to reduce the side yard setback from 10 feet to 6 feet to allow construction of a 14 x 30 foot addition to an existing housed �� �♦ ���� 1'' .v � .�— � � � � � � - �:�� � ... N A I C.orrpiled arxi dran�n fran offlcial nacorrJs based on Ordinanoe No. 70 �d Zoning Nlap e{fectiv�e dake 1/27/56 togetF� with all arr�endng orcfin- anoes adopted and effective as of 2I171'97. The CiIY of FrideY tras taken every e#fort to prr� , vide the most up-to-date i�tion available. The dad-a preser�ted hene is subjed fi� charx,7e. The City of Fridey will not be respor�sible for ur�or� errrxs or usage aF this doa�►r�rt. 1 �� ::.i _ _-- -- -- - - - L�,;• ' �� _ _ _ _ _ _ -- =- -KAR �� 9 7 -10 �'� � arl�� �'oster �. . � � . c— _ __- - .__-._ _.._. . -_-= - - - �,. - - . .. _ q / �. : ' � ; � � =. � � a � � � � � . .`� 1 � 2 �1 Q 3� . : `' 1 `-� t:i�:�:� a ; r:- 3 � � , �� ;� t� 4� � � ' � ---- -- ---- -- — � � --- - - -- ------- ---- � �� i 1 , -� - -- � ., i� . � �� � . N, J� 1 ,� � �� ' L 5.� . S :j :: � i= -� � �: �d � > �= n ?4 f--+ F' i'J-'.� � a �: � � . � � . . . . J � ..��. � :.1 a , t y.� � r )� -� � � � �J : � _ . � % �� � � � ..�f 4 �-» L. '" 'J 1F_ i , " .. ct `�"� � � ;�; } _ � � �: . =1�� � _' Li- cU � � �, t,.. •.:; � � � ,.ti.r .� u.. :.�: !- `"_: �i u � � rK. 4 � > __.1 Q' '- :. � ; ;: !1[ ;� � �- VAR 1i97-10 Karl Foster � _d.:� ; ,,: (.11 N� z � ^ � v-- v� � L�(`� `°� � , �� � � � �� � .� � � � 0 F � � � Z a 4.09 � � , � � �Z � �- VAR l'� 9 Karl Fo ter � v � � , � � t� (�L : 0 � �, `� , �� � � DORTOH9�1 Exemption From The �'roperty Tax Of Improvements Made To Homes 35 Years Of Age 4r Olcier Read the foltowing information before completing the application for exemption from the property tax of improvements made to homes 35 years of age or older. Minnesota la�v encourages property o�tmers to restore or renovate their older homes. This la�v, commonly referred to as "This Old House" exempts from the propert�� tax all or a portion of the value of improvements made to homes 35 years of age or older. ; ;: ;: ,. ; ,: ' TYPES �F PROP;ERTY ELTGIBLE FOR THE EXEMPTION : ... .. ...: .. .... . .. . ........ ..... .:. .. . In order to be eligible for exemption, the propert}• must meet the follo���ing three criteria: l. Propertv must be 35 years of age or older at the time the improvements commence. 2. Propert}� must be receiving the homestead classification. This includes property classified as residential homestead (including dupleYes and triplezes) blind/paraplegic veteran/disabled homestead and agricultural homestead. Relative homesteads are eligible for the exemption. 3. The total market value of the propert�� must be less than $I50,000 (residential: land and buildings; agricultural: house/garage/1 acre). In special circumstances, a property ���ith a total market value of $1�0,000 or more but less than $300,000 ma_y qualify for the e�emption. In these instances, your assessor �t�ill help ��ou determine if your property is eligible for the e�emption. Properties ���ith a total market value of $300,000 or more do not qualify. for the eaemption. If }�our propert�� is a condominium and your living unit is receiving the homestead classification, an�� improvements made to ihe unit �t�ould qualifi� for the esemption. Impro��ements to common areas are not eligible. If }�our property is a duplex or triplex and it is receiving the homestead classification, improvements made to an�� portion of the property qualify .for the exemption from the property tas. If your propert}• is used as a homesteld and for a non-residential use; the eaemption applies only to improvements made to the residential portion of the property receivin� the homestead ctassification. For example, if your property is used both for a residence and for a business, the exemption applies onl}� to the improvements made to the homesteaded residential portion of your property. .. ::.. -.. . .: .... , ... . ;:,.:::::::::>; _ :.. . , ,� :.:.:;;;; .:.::.; _ : �'YP�S OF.iA�pRC3VEl�iENTS;THAT;QU�LiFY F0�2'C'I-�E �ENiPTYON ��....._� ............... Onlv improvements that contribute a minimum value of $1,000 or more to the house or garage of a property classed as� homestead during the year of the improvement qualify for the e�emption from the property tax. This includes improvements such as additions to the existing house and garage, expansion of the existing house and garage, restoring, remodeling or upgrading of the e�isting house, addition of a porch or deck. or construction of a ne�v garage. Please note that the area qualifying for construction of a garage is limited to 600 square feet. _ _ _ __ _ ; >;:::.: : � >::: : ::.:;.: ;: : »: : : : :.. : : >;; ;:;: :;::;:;:>:::;<, >:>: TYPES;OF TIVIPRQVEMENTS THA'Y` b0 NQT UAL.TF'�' FO .R;�XEIVIPT ON ... :: .. ....: . .::. ..::.:.:::: .. : ....... ..:.::::....:..:.. . : . . . ...:. . . . ...:.... ................:.. ... ........_._ ..............._:.:..:... ._.....:.::::....�. ...:.:::::::::::::::::.::.�.�.�::..::::::::::.::. Improvements made to the site surrounding the home do not qualify for exemption: This includes such improvements to the site as: construction of a fence, construction of a drive�ra��, installation of a la���n sprinkler s}�stem, installation of a s�t�imming pool or tennis court, landscaping of the grounds, agricuitural buildings. If more than 50 percent of the square footag� of a house is torn down or razed, the original house is deemed to no longer exist, and any subsequent improvements made to the remaining structure are considered to constitute the construction of a new house. As a result, the value of anv improvements �ti�ould not qualify for exemption. If any combination of improvements double the original size of the structure, am� improvement that further increases the size of the structure �vill not qualify for exemption. < , , ;< �A.LUE I,�MZTATiONS : < ,. . : ,... _ There is a limit to the dollar value of the improvement wl�ich may be exempted. The limit depends on the age of the propertv. Houses that are less than 35 years of age do not qualif��. Houses that ai-e at least 35 years of ahe but less ttian 70 years are limited to one-half of the value of the improvement up Io a ma�imum e�emption uf $2�,000. Houses that are 70 years of age or older are eligible to have the total value of an}� improvements exempted up to a maximurr� of ��0,000. The age of the house is based upon the number of ��ears that the qualif}�ing residence has existed on its �resent site. 4.10 _ C�TY OF FRIDLEY PRIDLEY MUN[CIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55�132 •(612) 571-3450 • FAX (612) 571-1287 Dear HomeownEr, The St�zte Legislature; in its from the property tax all or a made to homes 35 years of �ge the Omnibus Tax Bill). 1993 session, passed a law to exempt partion of the value of improvements or older (Article 5, section 13 of This exemption applies to improvements made to homesteads any time during the ten-year period beginning January 3, 1993 and ending January 2, 2003. The exemption may be.applied to no more than three separate improvements made to the house and garage. The exemption for the value of an improvement remains in.effect for 10 years beginning with the initial asse�sment year in which the im�rovement contributed to th� value of the house or garage. After the ten year period has expired, the exempt portion is reduced each year by one-fifth -- or 20 percent and added back into the taxable value of .the property. By the end of the fifteenth year the full value of the improvement is subject to the property tax. Once an improvement has been designated for exemption, it cannot be repealed or replaced by a later improvement. Attached is an application for this exemption. To find out if your new improvement quali�ies please fill in the areas marked by the X on the applieation and return to the City of Fridley, Assessor's Department. If you have any questions, please phone us at 573-3537. SiMCerely, Fridley Assessor's Offic.e 4.11 CITY OF FRiDLEY APPEALS COMMISSION MEETIIVG, JULY 9, 1997 CALL TO ORDER: Chairperson Kuechle called the July 9, 1997, Appeais Commission 7:30 p.m. ROLL CALL: Members Present: Members Absent -• ' Others Present: Larry Kuechle, Carol Bea Terrie Mau Vos Michele McPhers , Planning Assistant John & Joette mbal, 6821 7th Street N.E. Jim & Dian achymowski, 6820 7th Street N.E. Joyce J nson, 6831 7th Street N.E. Kari ster & Teris Dupre, 6654 East River Road to o�der at MOTION by s. Beaulieu, seconded by Dr. Vos; to approve the June 25, 1997, Appeais Commiss' minutes as written. 1. I� A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED MOTION CARRIED UNANIMOUSLY. BY KARL FOSTER: - - - • ' ' "' ` "' "��Fh�v�-c Kt UEST VAR #97-10 Per Section 205.07.03.D.2.(a) of the Fridiey Zoning Code, to reduce the side yard setback from 10 feet to 6 feet to allow the constn.�ction of a 14 foot by 32 foot addition on that part of Lots 7& 9, Revised Auditor's Subdivision No. 23, generaliy iocated at 6654 East River Road. MO_ by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE OECLARED THE MOTlON CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Ms. McPherson stated the Variance Request is to reduce the side yard setback from 10 feet to 6 feet. The petitioner is proposing to construct a 14 foot x 30 foot addition to the existing dwelling located on the property_ In addition, a 24 foot x 24 foot attached garage is �;� �ooserf. 4.12 APPEALS COMMISSION MEETWG JULY 9 1997 PAGE 2 Ms. McPherson stated the property is located north of Mississippi Street and west of East River Road. The East River Road Apartments are located just south of the subject parcel. There are two single tamily dwellings located west of the petitioners prope�ty. These are located on flag lots that abut the Mississippi River. There is also a single family home directly no�th of the subject property. The subject parcel and the surrounding properties are zoned R-1, Single Family. CuRently located on the property is a detached garage measuring 26 feet x 30 feet and a single family dwelling. Ms. McPherson stated the petitioner's existing dwelling was constructed in 1952. The petitioner is proposing to construct an addition to the dwelling unit and an attached finro- car garage. In the hardship statement, the petitioner states he would like to quality for the "This Old House" tax deferment program by using a p�rtion of the existing dwelling: This tax deferment program ap�lies to homes which �are 3�- years old or older and allows the tax assessment for new additions and improvements to be deferred over a period of time so that the property taxes do not immediately increase as a result of the improvements. According to the State statute, a minimum of 50% of the existing stn.�cture must remain in order to qualify for this program. Ms. McPherson stated the petitioner's proposa! would not increase the existing encroachment. That portion of the dwelling that currently errcroaches is along the north property line and is at 6 feet. The petitioner is proposing to extend the existing encroachment. The proposed floor plan clea�ly shows the north wall of the dwelling, the new closet which will extend the line of encroachment, the bathroom and addition living space along the south portion of the existing dwelling, and the pcoposed two-car attached garage. Using an aerial photograph, there is approximately 35 feet between the petitioners dwelling and the dwelling to the north. They are also separated by a tall hedge of Amur maples. Ms. McPherson stated staff has no recommendation since the request is within previously granted requests. Staff does recommend the following stipulation: If the petitioner cannot maintain 50% of the existing structure, the structure shall be � brought into conformance with the 10-foot setback requirement. Mr. Kuechle asked, when referring to 50°/a of the existing structure in the stipulation, is that 50% of the area or 50% of the value. Ms. McPherson stated the statute states, "�f more than 50% of the squa�e footage of the house is torn down or razed, the original house is deemed to no longer exist and any subsequent improvements made to the �emaining structure are considered to constitute the construction of a new house." As a result, the value of any improvements would not qualify for the exemption. Dr. �Jos sta'�� hr wanted to make sure he understood the stipulation. If the petitione� was coming in and was not trying to go under this exemption and was just trying to build a 4.13 APPEALS COMMISSION MEETWG JULY 9 1997 PAGE 3 cioset on the north side of .his fi'oi�se, it seems that the stipulation is tied to the exemption and not anything about a hardship. Ms. McPherson stated Mr. Fosters hardship is based on the fact that he would like to use the existing house and foundation in order to qualify for the tax defierment program. The closest case for comparison is the Paul Litwinczuk case on Central Avenue. The City granted a variance to the side ya�d in order to allow the existing foundation and part of the existing house to remain. Once Mr. Litwinczuk dismantled the existing house and looked at the structural stability of the foundation, he found he was not able to use the existing dwelling. Therefore, he removed the entire dwelling and built a new house which conforms to the setback requirement. Dr. Vos asked if part of the stipulation is a protection for that. Ms. McPherson stated, yes. Mr. Foster stated the house was built in 1928. It appears that a building permif was taken out in 1952 for a small addition to the house. He wants to use the existing foundation. He has had the foundation inspected and it is good. He saw no reason to take out the existing foundation and start over. He did not know how much of the above ground house is up to standard, and he won't know that until they start tearing it apart. Mr. Foster stated he talked to a number of people at the County about #he `This Old House" program who talked to people at the state, and they are not sure that he will qualify for the program because of the size of the addition. The square footage will be very close. If he puts the upstairs 1oft on half, he has not heard if they would qualify. He did not know if the second floor square footage was considered as part of it. The house is 69 years old: If it is less than 70 years old which it is by 3 months, then it only qualifies for 50°/a. If over 70 years old, it qualifies for 70%. He would like to use the foundation that he has, and possibly the north and east walls. Other pa�ts may not be useable. Some of the floor joists are 2 x 4's and he would like to bring those up to standard. He will not know until they start tearing the house apart. Mr. Foster stated that if he does not meet the 50% in the stipulation, then he will have to tear out the foundation because the foundation is 6 feet from the property line. Depending on the difference in cost, it may keep him from building. He wants to use the foundation, because the foundation is haif of the house. He will try to use as much of the old house as he can without adding a lot of extra expense. It is something that is going to upgrade the neighborhood and help the community. The tax deferment is important but it is secondary. It is more important to have a house that is safe to live in. Dr. Vos asked if the petitioner had discussed his plans with the neighbor to the no�th. Mr. �oster �-`atec± he talked to ihe neighbors across the street and behind. They did nc�t have a problem it. He has talked with the neighbor to the no�th a few times. There is a 4.14 APPEALS COMMISSION MEETING JULY 9 1997 PAGE 4 hedge between the properties that is pretty well filled in. He cannot see the neighbors house to the no�th. Dr. Vos asked if the neighbor to the north was 35 feet away. Ms. McPherson stated, yes. The dwelling to the north has a detached garage to the rear. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOT10N CARRIED AND THE PUBLIC HEARING CLOSED AT 7:47 P.M. Ms. Beaulieu stated they could say something in the stipulation �bout having to comply with the setback if they cannot use the existing foundation. Dr. Vos stated the stipulation does not say anything about the old house exemption. It mostly fits because of the 50%. Mr. Kuechle stated that is the standard n�le. If something is damaged or whatever to 50% of the value, then it must be brought into compliance. Dr. Vos stated he did not know what to do with the stipulation. Mr. Kuechie stated he thought it could stay as it is. The petitioner is asking for the variance because he wants to come under the "This Old House program". The rule in the City is that if it is 50% or more damaged, it must be brought in compliance. Under that basis, the stipulation should stand as is. Ms. Beaulieu stated the petitioner is saying he does not know if he going to qualify, and he wants to use the existing foundation as the reason or hardship. Dr. Vos stated that if the petitioner is not thinking about qualifying for that program and wanted to put in that closet, he did not think the Appeals Commission would say he would need 50% of the house. It seems as though they are tying it to the addition. Mr. Kuechle stated the general rule is, if the house is damaged or replaced to 50% or more of its value, it then must be replaced. Ms. McPherson stated the nonconforming section of the City Code states that if a property is damaged to more than 50% of its value by an act of God that it must then be brought into compliance. Dr. Vos stated they were talking about 50°/a of the square footage. Ms. McPherson stated the state statute talks about the area of the dwelling. 4.15 Ms. Beaulieu stated that if there is going to be a stipulation, it should say something to the effect that, "if the house does not qualify under the state's definition for the `This Old House' program, then it should be brought into conformance"_ Dr. Vos agreed. Otherwise the City wiil have to make a determination of whether or not it is 50%. In general, he supports the request but the question is what to put in the stipulation. Ms. Beaulieu stated she did not think they should use that stipulation. If the petitioner can use the foundation, that is an existing condition; it is 35 fee.t from the other house and there is a barrier. Mr. Kuechle s`ated that if the petitioner is going to tear the house down beyond 50%, moving that waA �u� f�i�r feet is noi a great expense percentage-wise. Dr. Vos stated the hardship is not based �on economics. It is based on the conditions of the property, and he would consider the foundation a part of the property. Mr. Foster stated that regarding the existing foundation, the Commission had talked about moving the north wall in 4 feet. He would then have to move the rest of #he house over 4 feet as well. That would require taking out theJandscaping. Then he is too close on the south end so he would have to revamp the plans to make it fit. !f he had an extra 4 feet of yard, it would not do him any good because he has so much bnash there. There are mature trees and shnabs and he does not want to take those out. Ms. Beaulieu stated this is also � narrow lot. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to approve Variance Request, VAR #97- 10, by Kar! Foster, to reduce the side yard setback from 10 feet to 6 feet to allow the construction of a 14 foot by 32 foot addition on that part of Lots 7& 9, Revised Auditor's Subdivision No. 23, generally located at 6654 East River Road, with the following stipulation: 1- If the petitioner cannot use the existing foundation on the north side, then the structure shall be brought into conformance with the 10 foot setback requirement. Ms. Beaulieu stated she can see a hardship. It is existing. It is not interfering with anything. The lot is narrow. The house is 35 feet from the neighbor. UPON A VOICE VOTE, BEAULIEU AND VOS VOTING AYE, KUECHLE VOTING NAY, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED BY MAJORITY VOTE. M�. McPhe��on stated that because the vote was not unanimous, the request will go before the City Council on July 28. 4.16 CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioner, Monte Maher, requests that a loi split be granted to spiit a 20 foot x 50 foot (1,000 square feet) rectangle from an adjacent 40' x 50' parcel of land owned by Dave Padilla, 670 Dover Street N.E. If approved, this 1,000 square foot area will provide additional rear yard adjacent to the petitioner's dwelling. SUMMARY OF ISSUES The lot spiit request is atypical, in that it does not create a buildable property. It will need to be combined with the petitioner's property at 7965 Riverview Terrace N.E. and would not be allowed to stand alone. The propecty at 670'Dover Street N.E. (8,600 square feet) currently does not meet the minimum lot area r�quiremeRt of 9,000 square feet; however, it does meet the lot area of 7,500 square f�;et #or prc�pe�ti�s pla�ted prior to 1955. The'area of the lot split does not provide usable area for 670`Qover'Street as it is west of the primary portion of the lot (see aerial). It will increase the side yard adjacent to the petifiioner's house from 11 feet to 31 feet. The City should acknowledge the lot area deficiency of 670 Dover Street. RECOMMENDATION TO THE PLANNING COMM(SSION Staff recommends that the Planning Commission recommend approval of the request to the City Council with one stipulation: 1. The area split shall be combined for tax purposes with the petitioner's property. ' PLANNING COMMISSION ACTION The Planning Commission, acknowledging the lot area deficiency of 670 Dover Street, voted unanimously to recommend approval of the request to the City Council. I CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 5.01 Project Summary L.S. #97-01, by Monte Maher Page 2 Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: PROJECT DETAILS A lot split to sp(it 20 feet from an adjacent 40' x 50' parcel. 7965 Riverview Terrace N.E. Lots 16 - 21, Block W, Riverview Heights, except the east 40 feet of Lots 20 and 21 32,670 square feet; .75 acres Flat Trees, sod R-1, Single Famiiy Dwelling; Riverview Heights, 1922 Connected RiverView Terrace; Cheryl Street N/A None The zoning and Comprehensive Plan are consistent in this location. To be taken rJ.02 Project Summary L.S. #97-01, by Monte Maher Page 3 ADJACENT SITES: WEST: Zoning: R-1, Singie Family Dwelling Land Use: Residential SOUTH: EAST: NORTH: Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Site Planning Issues: REQUEST Land Use: Residential Land Use: Residential Land Use: Residential The petitioner, Monte Maher, requests that a lot split be granted to split a 20 foot x 50 foot (1,000 square feet) rectangle from an adjacent 40' x 50' parcel of land owned by Dave Padilla, 670 Dover Street N.E. if approved, this 1,000 square foot area will provide additional rear yard adjacent to the petitione�'s dwelling. SITE DESCRIPTION/HISTORY The subject property is located at the intersection of Riverview Terrace and Cheryl Street. Located on the subject property is a single family dwelling unit. The date of construction for the original dwelling unit is unknown. In 1963, a 16' x 20' garage/ workshop was constructed. In 1994, the City granted a variance to reduce the rear yard setback from 40 feet to 30 feet, and also granted a special use permit to allow the construction of an addition in the flood fringe area in order to allow construction of an addition. In 1995, the petitioner received a building permit to construct a 26' x 50' addition to the north side of the existing dwelling. ANALYSIS The pe#itioner's lot split proposal is atypicaf in that it does not create a buildable lot. The petitioner proposes to split 20 feet from a 40' x 50' adjacent parcel which is landlocked between three parcels; 670 Dover, 7965 Riverview Terrace, and 7995 Riverview Terrace. This adjacent piece is currently owned by the owner of 670 Dover Street to the east. 670 Dover Street does not meet the minimurn lot area (9,000 square feet) for properties platted after 1955. The current lot area of this property is 8,600 square feet with the combined 60' x 110' parcel and the 40' x 50' parcel in question. If approved, the lot split would reduce the lot area of 670 Dover Street to 7,600 square feet. This area meets the minimum lot area required for prope�ties platted prior to 1955, 5.03 Project Summary L.S. #97-01, by Monte Maher Page 4 which is 7,500 square feet. The location of the subject parcel, west of the primary portion of the 670 Dover Street parcel, is such that splitting the 1,000 square feet does no# adversely impact the usable area of 670 Dover Street. The lot split improves the lot definition, and increases the side yard of 7965 Riverview Terrace from 11 feet to 31 feet. This 1,000 square foot area, however, should be combined for tax purposes with the petitioner's existing lot. The City will need to acknowledge the iot area deficiency of 670 Dover Street. STAFF RECOMMENDATION TO THE PLANNING COMMISSION Staff recommends that the Planning Commission recommend approval of the request to the City Council with one stipulation: 1. The area split shall be combined for tax purposes with the petitioner's property. PLANNING COMMISSION ACTION The Planning Commission, acknowledging the lot area deficiency of 670 Dover Street, voted unanimously to recommend approval of the request to the City CounciL CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action 5.04 RgSOLUTION NO. - 1997 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #97-01, TO SPLIT 20 FEET FROM THE ADJACENT PROPERTY AT 670 DOVER STREET N.E. AND ADD IT TO 7965 RIVERVIEW TERRACE N.E. WHEREAS, the City Council approved a lot split at the , 1997 meeting, and a stipulation attached as Exhibit A; and WHEREAS, such approval was to split 20 feet from the adjacent property at 670 Dover Street N.E. and add it to the Maher's property to make a larger rear �ard, on Lots 16, 1Z, 18, 19, 20, and 21, except that portion of Lots 20 and 21 described as follows: Commencing at the northeast corner of Lot 21, thence southwesterly on the north line of said Lot 21 a distance of 40 feet; thence southeasterly and parallel with the easterly line of Lots 20 and 21 to the south line of Lot 20; thence easteriy on the south line of said Lot 20 a distance of 40 feet to the soubheasterly corner of said Lot 20; thence northwesterly on the easterly line of said Lots 20 and 21 to the point of commencement, all in Block W, Riverview Heights, generally located at 7965 Riverview Terrace N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval uzill split 20 feet from the adjacent property at 670 Dover Street N.E. and add it to 7965 Riverview Terrace N.E. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split aC Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADppTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THTS DAY OF , 1997, ATTEST: WILLIAM A. CHAMPA - CITY CLERK 5.05 NANCY J. JORGENSON - MAYOR Page 2- Resolution No. - 1997 EXHIBIT A 1. The area split shall be combined for tax purposes with the petitioner's property. 5.06 s P _-�'�" '� � _ \ R,�\ � �, � � ` , _.�5,� ZOfllfl9 �19f1�1Of15: � R 1 -� Farrily tkrls 0 R-2 - Two Family Uryts � F�3 - Gener-al Miltitiple Units � R 4 - Nbbile Home Parks PUD - Plarried Urrt Qe�eloprr�nt � S1 - Hyde Parlc Neighborhood 0 S2 - F�edeveloprr�ert Distrid � G1 - �oCal Business 0 Gz - c� e�� � G3 - Gener-al Stx�pin9 — GR1- �al Office [� IuF1 - L.ight Indstrial � N42 - h�eavy Irxkstrial � n� - aca�« i�c� �, i�,a. � � - r��i� � P - Public Facilities O �+T� f � wc�-rr-oF-vuav .�a n.� LS #97-01, 7965 Riverview Terrace� This request, by Monte Maher, is to split 20 feet from the adjacent property at 670 Dover and add it to the Maher's property to make the rear yard larger. 5.07 ,i � Corrpiled and drawn from aff� b�sed «, a�� rb. m �d � n� �� date 127/56 together wilh aN arnendng ordn- ar�ces adopted and effective as d 2J17J97. I I The c;ity af Fridey tras talcen every eff«t m pro�1 vide the most up-to-date ir�fom�ation available. I I I 1t,e data p�e.se�,ted r,ene �s subject to d,ange_ The City of Fri�ey will not be respor�sible for _ ; �, �a ��t►�S ��. �_ ---- - — �'.� L.S. ��97-01 - -_— Monte Maher C�RTIrICAT� Or SURVEY F OI� I<URTH SURV[YlNG, INC. ��U!�=_�%.�-�Lj� 400Z J[fFERSON ST. N.E. i �+Er+EUr ceirtifr Tiv,T riiis sui�vr:v, ���N� �q RE�,���i COIUM�IA HEIGHfS, Mh1, 55�21 VAS PIiL�AqEO UY MF. OR UNULR MY O1�tCT SUPF V�J{M!� �s��� 7B8-B768 FAX 1.61]) 788-700: �NN 711�f I AM A DUIY �ICENSf:U TAfJU SW2V[V JUL-R � e_LAUS�or�S sr - M r,�su n. bATE � 1 c� I�� � �z3�47 � •o ° 1 RON MONUM[NT �.F-i' M I NESOTA � I CEI��— 0. �4.> \\� � 30 �-_-- — f--==-� SCA�E ir� ( EE7 Lats sixteen (!6), seventeen (17), eigl�teen ((8), nuieteen (19), twenty (20), aud twenty-one (21), save and excepting d�erefrom d�ai portion of lots twe��ty (20), and twenty-one (21), described as follows: Commencing at d�e Northeast (NE comer of said lot 21, d�ence Soudiwesterly ai U�e Nortl� luie of said lot 2l a distance of Forty (40) feet; d�ence Southeasterly and parailel with d�e Easterly line of lots 20 ai�d 21 to the Soudi line of lot twenty (20); the�ice Easterly on t1�e SouUi line of said lot 20 a dis[ance of forty (40) feet to Uie SouU�easterly con�er of said lot twenty (20); thence Nortl�westerly on die Easterly liue of said lats 20 and 21 to Uie point of conmienceme��t, all in E31ock "W" of River View Heigfits, Anoka County, Minnesota, according to the plat diereof on file and of record in d�a o�ce of d�e Register of Ue�ds in a�id for said County �nd Statc. � � � v � r� �-� `v . � c= i � G4 O � P � �,�� � � --- ---- - ----- -- ---- � - — --- � i ,— , :. � -- --- ` � I < _ __ I \ � `�� C . -- C_� i� � - I---- -- —` � � \ �O � � -- �-` I I a � 11 0 )O i � '., ' , �9 • co � � I 1 3 �. .. / ___�_ 1� 1�,_�. l � �� � S �Z 3 ��.3. ;� � . o ��' uc:. co� � . . I \ t'� �I 1� � �4T 2..1 f � T �I1 � I i � � � p or�• �- , I �\ — — - � _ — g-�r$ 2 ?,;o' � �0 � � o g .� �� °� �' "� I �-- ' � 8��� �9c°`� r� �,o ,� �;', � ���-� -i o � �� N 1 wp-t _ _ � 8 1 (�. S o.� -, �; �- � o _�,� 3 0 � o \ ,� B �., �^ —`�' jP� - � � fP N � � � � � \�� — � � � Iz � ---� , =j - — � \ - 28.-z'=' -- � (\� -1 l � — � o io {Z T� 1 G � � O /� ` � � a � Y ��� N R � � �� \ ��� - --- _ ��' � �Q��� o � � ��` -, � � � - ---- ---- - ^ �\ � \ /J 1 L ` \ `�\ I . ' , " (� �' ��`-\ \ � — � � ` ) J ' � ` l'Q s�� �. U t�0 :> C_. t�� ��� L 1 T C �-��2� �� �-�- t��- ����_ 1�' Z 1 C� ti, l`_� b�.�8 � _ , ��" � �- � w-� �/�<;..1�� - .,�_. -.�.w�.,,,....,,.;w,,,�,�..,...�.. ,,,,,,....,�.. � ��. � L���(�� 0 PLANNING COMMISSION MEETING, NLY 16, 1997' PAGE 17 Ms. McPherson stated, in that case, that is within th requirements. �� MOTION by Mr. Kondrick, seconded by Ms. Modig, � close the public hearing. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING C�ED AT 9:00 P.M. MOTION by Ms. Modig, seconded by Mr_/Saba, to recommend approval of Special Use Permit, SP #97-05,� Karl Foster, to allow construction of a second access y structure over 240 square fee* (23.25 feet x 23.75 feet�, on at part of Lots 7 and 9, Revised� Auditor's Subdivision No. 23, generally located at 6654 East River Road N.E., with the follow�a'ng stipulations: l. The existing and �roposed garages and dwelling shall be architecturally�ompatible. 2. The accesso _ structures shall not be used for a home occupatio . 3. The p itioner shall provide a hardsurface driveways to the prop sed and existing garages by June 31, 1993. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOT N CARitIED UNANIMOUSLY. M's. McPherson stated the City Council will consider this request: . on July 28. 3. PUBLIC HEARING: CONSIDERATION OF A LOT SPLIT REQUEST, L.S. #97-01, BY MONTE AND MICHELLE MAHER: To split 20 feet from the adjacent property at 670 Dover Street N.E. and add it to the Maher's property to make a larger rear yard, on Lots 16, 17, 18, 19, 20, and 21, except that portion of Lots 20 and 21 described as follows: Commencing at the northeast corner of Lot 21, thence southwesterly on the north line of said Lot 21 a distance of 40 feet; thence southeasterly and parallel with the easterly line of Lots 20 and 21 to the south line of Lot 20; thence easterly on the south line of said Lot 20 a distance of 40 feet to the southeasterly corner of said Lot 20; thence northwesterly on the easterly line of said Lots 20 and 21 to the point of commencement, all in Block W, Riverview Heights, generally located at 7965 Riverview Terrace N.E. MOTION by Mr. Saba, seconded by Mr. Kondrick, to waive the readinq of the public hearing notice and to open the.public hearing. 5.09 PLANNING COMMISSION MEETING, JULY 16, 1997 PAGE 18 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECI,ARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 9:02 P.M. Ms. McPherson stated the request is for a lot split between 7965 Riverview Terrace and 670 Dover Street. The petitioner is requesting a lot split to divide a 40 foot x 50 foot parcel in half creating two 20 foot x 50 foot parcels. If approved, one small parcel would be added to the petitioner's property at 7965 Riverview Terrace and would increase the side yard from 11 feet to 31 feet. Ms. McPherson stated the petitioner's property is located at the intersection of Cheryl Street and Riverview Terrace. The adjacent property at 670 Dover Street is located slightly northeast of the subject property. The property and all the surrounding properties are zoned R-1, Single Family. Ms. McPherson stated the request is atypical in that it does not �reµtP u hiui 1 i�lahl n 1 pt , Thn rn,^�t10I1 thdt lc �"J�'l:^:y CO::S1�p�Ad iOZ' a split will need to be combined with the property at 7965 Riverview Terrace in order to have a single tax parcel and that it does not stand alone. The property at 670 Dover, with the entirely of the 40 foot x 50 foot parcel, does not currently meet the 9,000 square foot minimum lot area requirement. It totals 8,600 square feet. The Dover Street parcel does meet the minimum 7,500 square foot lot area requirement for lots platted prior to 1955. If approved, the Planning Commission will need to acknowledge this deficiency in their motion. The lot split does create a more logical 1ot division between the two parcels and does not adversely impact the useable area of 670 Dover. Ms. McPherson stated staff recommends approval of this reguest. The motion should acknowledge the lot area deficiency of 670 Dover Street. Staff recommends the following stipulation: l. The area split shall be combined for tax purposes with the petitioner's property. Ms. Savage asked if there were any calls or comments opposing the request. Ms. McPherson stated no that staff did not receive any calls regarding this request. Mr. Maher stated the lot is awkward in its positioning_ He has done an addition of 1300 square feet and the lot split would give them more room off of the kids back bedroom anci more baekyard. This lot was originally with the property. 5.10 PLANNING COMMISSION MEETING, JULY 16, 1997 PAGE 19 Mr. Maher stated the owners of that property want him to buy that house from them. He would suggest that the City do something with lots like that. He would have liked to take the property down, take the whole 40 feet, and combine that with his lot. Then purchase the lot to the south, which is empty, and combine the lots. That would make the area a better place. Bigger lots make for better houses. Ms. Savage asked if the petitioner had any problem with the stipulations. Mr. Maher stated he had no prok•lem with paying taxes.' Mr. Kondrick stated he understands that the other half of the parcel needs to be recorded. How do we make certain that this is recorded with the County? Ms. McPherson stated staff would have to verify if it.has its own property identification P_i1P.�1}Je1'. Sfiaff �piil � a�k that k,ipth FdrC?IS be comi�ined with the proper adjacent properties so either the petitioner.and/or the owner make sure that their half is combined with their proper parcel. Mr. Hickok stated this is not as much about taxes. The stipulation pertains to combining the parcels for tax purposes so that we do not at some time in the future end up with a small parcel that exists up on its own. By combining, it will be recognized as one tax parcel not only to the petitioner but also in the tax records. Ms. Modig stated the legal description will change so that it has only one PIN or identification number. Mr, Hickok stated yes. Staff will also notify the 670 Dover owner that they will also have to make that change in the records. Ms. McPherson stated staff provides assistance is doing this. The Assessing Department helps with the paperwork that must be prepared for the County property records department. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, AI,L VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CP.RRIED AND THE PUBLIC HEARING CLOSED AT 9:13 P.M. Mr. Kondrick stated he had no problems with the request. He thought it would benefit both parties. 5.11 PLANNIN6 GOMMISSION MEETING, JULY 16, 1997 PAGE 20 MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend approval of Lot Split, L.S_ #97-01, by Monte and Michelle Maher, and acknowledging the deficiency in the lot area of 670 Dover Street, to split 20 feet from the adjacent property at 670 Dover Street N.E. and add it to the Maher's property to make a larger rear yard, on Lots 16, 17, 18, 19, 20, and 21, except that portion of Lots 20 and 21 described as follows: Commencing at the northeast corner of Lot 21, thence southwesterly on the north line of said Lot 21 a distance of 40 feet; thence southeasterly and parallel with the easterly line of Lots 20 and 21 to the south line of Lot 20; thence easterly on the south line of said Lot 20 a distance of 40 feet to the southeasterly corner of said Lot 20; thence northwesterly on the easterly line of said Lots 20 and 21 to the point of commencement, all in Block W, Riverview Heights; generally locat�d at 7965 Riverview Terrace N.E., with the following stipulation: l. The area split shali be comi�ined for tax purposes with the petitioner's property, and UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council would consider this request on July 28. Mr. Maher stated he would purchase the property next door if he. knew he could purchase the empty lot adjacent to that �x-operty. 4. RECEIVE THE MINUTES OF THE APPEALS COMMISSIQ-N"�MEETING OE' JUNE 11, 1997 MOTION by Mr. Saba, seconded by Mr. Kond�ick, to receive the minutes of the Appeals Commission meetirig of June 11, 1997. UPON A VOICE VOTE, ALL VOTING AYE,,'CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5_ RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF JUNE 12,�- - cli MOTION by Mr. Kondr-�ck, seconded by Ms. Modig, to receive the minutes of the HAusing & Redevelopment Authority meeting nf June 12, 1997 �-'� � UPON A V�CE VOTE, ALL VOTING AYE, MOTION �E.'ARRIED UNANIMOUSLY . CHAIRPERSON SAVAGE DECLAI2ED THE 5.12 TO: FROM: DATE: SUBJECT: ME City of Fridley C�J William W. Burns, City Manager r� iI� � � John G. Flora, Public Works Director July 28, 1997 PW97-195 Improvement of Interstate Highway I-694 Northeast Ramp to Trunk Highway 47 The City of Fridley, in coordination with the Minnesota Department of Transportation (Mn/DOT), has prepared the plans and specifications for the upgrade and ramp widening and signal revisions for the northeast ramp of I-694 to TH 47 within the City corporate limits. The plans were approved by the Mn/DOT office. Resolution No. 41-1997, adopted by the City Council, authorized the advertisement for bids. Bids were opened on Fxiday, July 18, 1-997, at the Municipal Center. Two bids were received. The low bidder was Forest Lake Cqnstruetion With a bid of $453,496.01. The agreement will be updated to reflect this amount when the document is sent back to thei� o#fice for signature. The State has agreed to pay the construction cost of the project and wants to expedite the award.. Accordingly, they have submitted Agreement No. 76204 with the City to pay for the construction of the proposed project. The City will be responsible for administexing the project and the State will be responsible for inspection and providing funds for payment of the construction work. To facilitate the construction of this improvement this construction season, recommend the City Council adopt the attached resolution autharizing the execution of Mn/DOT Agreement No. 76204 and receive the bids and award the contract with Forest Lake Construction for $453,496.01 subject to MnDOT approvaL JGF:cz Attachment 6.01 BID FOR PROPOSALS I-694 NE 12AMP TO TH 47 (UN�'vrEi�SITY AVE} SY 0205-71 PROJECT NO. ST. 1997 - 3 FRIDAY, JULY 18, 1997, 10:00 A.M. `PLANHOLDER BID BOND BID COMMENTS ' ' Farest Lake Cont. $453,496.01 14777 Lake Drive Forest Lake MN 55025-9461 � Thomas & Sons Construction $457,050.35 13925 Northdale Blvd Ro ers MN 55374 � Brom Traffic NO BID Collins Electric NO BID Construction Materials NO BID Minneapolis Builders _ NO BID Progressive NO BID Renex NO BID W. B. Miller NO BID 6701 Norris Lake Rd NW Elk River Iv1N 55330 6.�2 R}3SOLUTION NO. -1997 RFsSOLUTION APPROVING Mn/DOT AGRESMFsNT NO. 76204 WITH THE MINN$SOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVING THE I- 694/TH 47 NORTHEAST RAMP WHEREAS the City of Fridley and the Minnesota Department of Transportation agree that the northeast ramp of Interstate Highway 694 to Trunk Highway 47 needs to be improved, and WHEREAS the City of Fridley has prepared plans for improving this ramp, and WHEREAS the City of Fridley has received bids for this � improvement. NOW THEREFORE BE IT RESOLVED that the City of Fridley enter into Mn/DOT Agreement No. 76204 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: To provide for payment by the State to the City of the State's share of the costs of the grading, concrete surfacing, storm sewer and traffic signal construction and other associated construction to be performed upon, along and adjacent to the northeast ramp of the Trunk Highway No. 694/Trunk Highwa� No. 4.7 interchange from Engineer Station 2+131.32 to Engineer Station 2+442.30 within the corporate City limits under State Project No. 0205-71 (T.H. 47=156). BE IT FURTHER RESOLVED that the City Mayor and City Manager are hereby authorized and directed to execute such Agreement. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE3 CITY OF FRIDLEY THIS 28H DAY JULY, 1997. NANCY J. JORGENSON - MAYOR ATTESTED: WILLIAM A. CHAMPA - CITY CLERK 6.03 FIl� CI7 TO: vCE DEPARTMENT FROM: SUBJECT: 2IDLEY : MEMORANDUM : � � RICHARD D. PRIBYi. ' t�[�Y FINf11VCE DIRECTOR WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A, CHAMPA, CITY CLERK MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR CLIMB THEATRE COMPANY DATE: July 24, 1997 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for CLIMB Theater Company. Gambling will be conducted at Maple Lanes, 6310 Highway 65 Northeast. Minnesota State Statutes requires the adoption of a resolution approving this type of gambling permit. RDP/me Attachment RESOLIITION NO. - lgg� RESOLIITION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO CLIMB (CREATIVE LEARNING IN MIND & BODY) THEATRE COMPANY WHEREAS, the City of Fridley has been served with a co Application for a Minnesota Lawful Gambling Premise Permitf for CLIMB THEATRE COMPANY; and WHEREAS, the location of the Premise Permit is for Maple Lanes 6310 Highway 65 NE; and WHEREAS, the City of Fri3ley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to CLIMB Theatre Company. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMpA - CITY CLERK %.02 , : S E N: S I� T ��^V y� ';' 'That's us -- CLIMB Theatre: Caring, ihought provoking; educationai, =`�eol;and fun! These complimentary words are how kids and educators describe us and our plays ond drama classes. But, ihese words are more than ; compliments to us, they are contirmations ihot we are doing and being what we intend. 1Ne are very purposeful in our progromming � alwoys working with classroom teachers, child psychologists. school counseiors and parenis and other experts to assure thot our work is educationa!ly sound, relevont to current needs, and entertaining. We work with over 250,000 youngsters eoCh year - performing our plays over 700 times and teaching over 2,000 classes. These numbers could be seen as a testameni to our effectiveness, but we ' see it insiead as an overwhelming responsibiliry. We have o huge opportunity to impact youngsters cnd we must not let them or you down. It is ihis sense of responsibility that also has us seeking to reach even more children. To ihat end. we've just opened our first branch office located neor Atlanta, Georgia. It's operated by Suzan Lund, who. before moving to Georgia, worked with us in St. Paui foc four years as an actor, company manoger. and finally a sales manager. Our Georgia company is made up of four talented local actors who live in or near Atlanta. Back at home, we've expanded eur touring and are working, not only in MN, but olso in North and South Dakota, lowa, and quite extensively in Wisconsin. We ev2n hope to tour on eiiher ihe East or West Coast. VJe're also delighted ihat several other iheatres throughout ihe country are considering producing OUCHf, OWIE! and Expect Respect. These are all exciting happenings, and ihey_ceiebrate our 2lstyear ...Yes. CLIMB is now officiaily an aduli. And, in many ways we are very adult-like: We're big -- we have 35 full-time actors. octor-educators and administrators, plus;tinothei 100,or so mostly part-time people who wdrk in our various charitable gaming sites (the fruits Qf their labors help keep our program fee3 downj: We've got a very bright fut�re and we're on our own (95%a supported by income we generate through fees, charitable gaming, and other business�, �- ventures - iike a training program for business�s focusing on customer service improvement, or a children's radio show we'd like to launch.) But, as "fldult" as we may`be - it's ihe balance between'professional maturity and chiidhqod playfuiness, sensitiviry ond imaginbtion, thot allows us to reach your students. So, here's to adulthood and to childhood and to our promise to coniinue to bring you ihe best of both. Best regards, /,���%i� Peg Wetli Executive Director �' �.,� � � � � . VIOLENCE . %'REVEI�BT�C��! Yy�"`'` I�'I ' � � � �,, � U C f"i � . .. .. . ha I OWIE! SUBSTANCE ABUSE AND i ADDICTiON GROUNDED UNDER THE IN� LUENCE iSEXUAL HARASSMiENT -. � ��.n_�__._v...h.......,___.>.., . ._:..._ � EXPECT RESPECT EXPECT RESPEGT, TOO j, , . . _ .. .. _ . , _ . . .. . . . . . . . -.,: CONSERVA.TION/RECYGLING . �a;:. TOADILLY TURTLE _..,. 7.04 � �UBSTANCE ABUSE AND AiJ�{CTiON �aROUNDED Aimy Fairfax, the new kid in town--is desperate to make friends, but her new friends want her to experiment with cigareftes & alcohoi. Upset and unable to decide whdt to do, Aimy. finds a talking statue 'in her attic who helps her leam about nicotine, alcohol, marijuana, and inhalants and the negative consequences of choosing to use these substances. Audience: Grades 3 - 5 Maximum Size: � 300 Performance Length: 45 minutes Performing Area: 30' deep, Price: $398.00 35' wide, 10' high CONSERVATION/RECYCLiNG ����C�ADIL.LY �I��TLE A tan`alizing m;�stery about a orce �eautiful lake must be soivedi Tah-dah! Toad�liy Turtle to the rescuel Simple costumes, take-f�ome pieces and a coloring page of Toadilly !U�tle are supplied for each child. Audience: Grades Kg - 3 Maximum Size: 275 Performance length: 3� minutes Performing Area: 30' deep, 35'w;de Price: S418.00 10' hi�h iF�AS�-I! A. comic, but s�inky bag of trash helps James ar;d the audience ;earn about waste reuse, reduction cnd recycling. A take home proj �c' and award for it's completion er�courages the 3 - R's. Audience: Gr;�de> 3 .5 Maximum Size: 30�i Performance Lengi�f�: %i5 �ni�,�if�:�, Perf�rming Area: ?_1" c�,'c:�e:�_,, :'>O"��: �� ;�: Price: �!i 1 f3 0(� 7.05 l.l�it�ER �HE ����UENCE Under the Influence reinforces students' commitment�not to use '. �, :; nicotine, alcohol man�uana�or� � other drugs. A play within=a=play finds four actors casually. interacting with the audience and each other to develop a persuasive case for being nicotine, alcohol and drug free. Audience: Grades 6 - 9 Maximum Size: 350 .::�.,:. - :� Performance Length: 45 minutes ' Performing Area: 22' deep,24' �vide Price: S448.00 �EXUAL HARASSMENT ' - = EXPECT RESPECT A N D �?:PECT FvESPEC i ,TOO Humorous ora N�ignant, tnese chall��ngirg p'ays provide a de�initio^ of harassme^�' a�d sexual harassme�t. Students_are �mpowered to la�el�and manaoe nc�rassment by choosing behaviors ?hc` demonstrate respect for thems�,v°s and respecT for ot�,,e�s�.- Audience: �� ;d�s b - 8 ti1aximum Size: 350 Audience: �:�•a;�es 9 - i 2 t�.�aximum Size: 500 Audience: Grcdes 7 - 11 M�ximum Size: 350 P�;rformanc� Length: �1�, �,.� _.� ., � P�rformance Area: ?;? <i��,e;_�� % ; ::- . . !';iue: .. E S I D E�el C i E S A �� CONSISTS OF DRAMA CLASSES WHICH UTILIZE MONOLOGUES, SCENES, ROLE-PLAYS AND IMPROVISATION TO REINFORCE TEACHERS� CLASSROOM OBJECTIVES. THESE UNIQUELY ENGAGING C�ASSES vIVE STUDEfVTS OF ALL AGES AND ABILITIES AN OPPORTUNITY TO EXPLORE IMPORTANT LIFE ISSUES IN AN lNTERACTlV�, NON T!-IREATENING ATMOSPHERE. VIOLENCE PREVENTION AND SEXUAL HARASSMENT Non-violent conflict resoluTion, positive assertive responses to seicual harassment and how to create a respectful community are some of the skilis leamed in CLIMB's violence prevention and sexual harassment residencies. Depending upon individual agency interest, focus can be given to such areas as: - Alternatives to Violence - Acceptance of Differe�ce Di rsity - Sexual HarassmPnt - Conflict Resolu - Respect 7.�6 - 4- 6 CLASSES A DAY - 35-50 MINUTES PER CLASS - RESIDENCIES RANGE FROM 1- 20 DAYS IN LENGTH - A RESIDENCY OF 5 DAYS OR MORE ALSO INCLUDES AN INTRODUCTORY MEETING FOR TEACHERS, A COMMUNITY EVENT AND A TEACHER INSERVICE PROGRAM. - PR�CE: 5 DAY 51650.00 1 DAY 5365.00 SUBSTANCE ABUSE AND ADDICTION CLIMB continues where DARE leaves off! CLIMB's Residencies build on students' refusal skili levels and � provide opporfunities to role-play resisting peer pressure, while letting students experience how making good choices and healthy decisions builds a sense of self-respect and personal power. Previous areas of focus have been: - Peer Pressure - Healthy Choices - Stranger Safety - Personal Body Safety - Alcohol and Drug Refusal Skills � ' CONSERVATION/RECYCLING ?:�eserving and protecting our �,cnet is a task CIIMB entrusts to � u i ure generations through r�sidencies that raise the awareness of environmental issues. D�pending on individuai agency ;nput, focus can be given in areas such as - Reducing, Reusing & Recycling - Energy & Water Conservation - Endangered Species - interdependence of Humankind and Nature SPECIAL RESlDENCfES Whiie C� IiVi� nas an exis�ing reper�oire of Residencies on frequently requested topics, CLIMB also creates new Residencies in response to unique schooi requests. Specially designed residencies have inciuded: - Humor without Humiliation A Creative writing residency for 3rd - 8th graders on hpw to write funny material without using put-downs. - Non-Traditional Families A residency to help Kindergarten through 6th graders adjust within blended or stepfamilies. - Inclusion - Designed to help high school students without disabilities include students with severe mental disabilities into their regular education classes. - Personal Body Safety Teaching second graders how to keep themselves safe regarding unwanted or uncomfortable cand inappropriate touch %�.�% � P� S E R�J i C E� CLIMB�S "TEACHER-FRIENDLY�� INSERVICES PROVIDE ON-THE-SPOT ENTERTAINMENT AND LASTING INSPIRATION AS TEACHERS GAIN PRACTICAL ACCESS TO CREATIVE DRAMA AND THEATRE ARTS AND LEARN SPECIFIC ACTIVITIES TO REINFORCE VIOLENCE PREVENTION, NON-VIOLENT CONFUCT RESOLU- TION, ASSERTIVE AND APPROPRIATE RESPONSES TO SEXUAL HARASS- MENT, RESPECT AND ACCEPTANCE OF DIFFERENCES IN THEIR CLASS- ROOM AND THROUGHOUT THE SCHOOL COMMUNITY. PR!CE: ONE-HOUR �385.00 TWO-HOUR $645.00 s:`�ts 4TEACHER INSERVICES CLIMB's highiy effective inserv;ces give teachers practical activities, methods and techniques that stimulate imagination and encourage student participation while reinforcing classroom objectives such as: - Violence prevention - Sexual harassment - Conflict resolution - Respect for self and others - Environmental responsibility - Positive behavior management Inservices are created to meet the needs and interest of individual schools and districts. They can vary in length from one to eight hours, and can be for groups of 5 to 50 teachers. 7.0� CLASSES FOR PERSONS WITH SPECIAL NEEDS CLINB ^�as 21 years' experience v��ork:ny in self-contained and regu�c- �ducation settings with persc�s who have moderaie to severe mental disabilities, modera�2 to severe emotional and behavioral disorc�rs, visual and/or hearing impc�r�2nts, communication disorC�rs and learning disabilities. CLIMB �vorks with each individua� agen;��; �o design programs that ^�P�- -�c cJ2CIGl nPA�� n� ��P;, DQftICi�C7f1tS. CONFERENCE WORKS.HOPS CLIMB pr;;vides interaciive and inforrriptive presentations that demonsrra�e innoVative drama programming for "at-risk" students, students ���ith disabilities, or regular education students.. These presenfia- tions can be 1 to 2 hours in length. Sample workshops have included: - Abuse orevention for elementary studen`s with disabilities,(a worksnop on CLI'��B's drama classes on assertiveness and reporting for student; with emotional and behavioral disorders.) - Violenc� prevention through drama for stucents K - 12. - How tc �each improvisation to high school ;rudents. - Drama activities to b�iild a peac���;; classroom. � � � oF FRIDLEY GAS SERVICES Countryside Heating & Cooling 651 1 Hwy 12 Maple Plain MN 55359 GENERAL CONTRACTOR-COMMERCIAL All State Construction Service Inc 2610 1 Ave S Minneapolis MN 55408 Suilding & Property Services Ca 7528 Arthur St NE Fridley MN 55432 Wellington Window & Door 3938 Meadowbrook Rd St Louis Park MN 55426 GENERAL CONTRACTOR-RESIDENTIAL Exterior Design Service (3237) 6391 Monroe St NE Fridley MN Maverick Construction (5572) 1 1227 River Rd NE Hanover MN 55341 Moes Construction (8969) 5215 53 Ave N Crystal MN 55429 Peak Roofiing (20045301) 1 1506 S Oakvale Minnetonka MN 55305 LICENSES Dawn Neuman Wayne Payne Cheryl Schatz Greg Scheff Paul Kilgore Andy Sarbel William Moe Dave Lybeck 9.02 RONJULKOWSKI Building Official RON JULKOWSKI Building Official Same Same STATE OF MINN Same Same Same Seal Guard Systems Inc 11464 Robinson Dr Minneapolis MN 55433 HEATING Countryside Heating & Cooling 651 1 Hwy 12 Maple Plain MN 55359 PLUMBING A-Aarons Plumbing PO Box 712 Chanhassen MN 55317 Gruenberg, Steven Plumbing 3845 Bryant Ave S Minneapolis MN 55409 Larson Plumbing Inc 3095 162 Ln NW Andover MN 55304 Tschida Bros Plumbing 1036 Front Ave St Paul MN 55103-1224 ROOFING Dalbec Roofing Inc 548 Willow Drive Long Lake MN 55356 Thurnco Inc 4708 W 29 St St Louis Park MN 55416 Debra Karpe Dawn Neuman Dave Hughes Steven Gruenberg James Larson LeRoy Tschida Kevin Krolczyk Don Thurnblom 9.03 Same RON JULKOWSKI Building Official STATE OF MINN Same Same Same RON JULKOWSKI Building Official Same CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioners, John and Joette Zembal, request that a variance be granted to reduce the side yard setback of an attached garage from 4 feet to 3 feet. If the variance is granted, the petitioners propose to construct a 7 foot by 38 foot addition to their existing single car garage. STATED HARDSHIP: See statement dated June 12, 1997. SUMMARY OF ISSUES: Section 205.05.B.(2).(b�.1) of the Fridley Zoning Code states that the side yard setback for an addition to an attached single car garage may be reduced to four (4) feet if the nearest structure on the . adjacent lot is a single car garage which is at least four (4) feet from the common lot line. Public purpose served by this requirement is to provide space between individuaJ structures to reduce the possibility of �re, to provide access to the rear yard for emerg�encies, and to limit the condition of crowding in the residential neighborhood. The condition on the petitioners' property would allow expansion of the garage to 4 feet from the property line without a variance since the adjacent dwelling's single car attached garage is more than 4 feet from the common lot line. The Building and Fi�e Codes require one hour fire protection for that portion of the structure iocated less than 5 feet from the property line. No openings may be in the wall of the garage. This request is similar to a previously granted request at 6570 - 2nd Street in 1994. Two neighbors objected to the request. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: Staff has no recommendation for the Appeals Commission as the request is within previously granted requests. If the Commission chooses to approve the request, staff recommends one stipulation: 1. The addition shall comply with the Uniform Building and Fire Codes � for fire protection requirements. APPEALS COMMISSION ACTION: The Appeals Commission voted unanimously to recommend approval of the request to the City Council. The Commission added a second stipulation: 2. The addition shall be architecturally compatible with the existing dwelling. Two neighbors spoke in support of the request at the meeting. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commission action. � �.0� Project Summary VAR #97-11, 6821 - 7`h Street Page 2 PROJECT DETAILS Petition For: A variance to reduce the setback of an attached garage from 4 feet to 3 feet. Location of Property: 6821 - 7t'' Street Legal Description of Property: Lot 9, Block 2, Rice Creek Terrace Plat 4 Size: 75 feet by 135 feet; 10,125 square feet Topography: Sloping up from the street to the dwelling; flat rear yard Existing Vegetation: Typica{ suburban; sod, shrubs, flowers Existing Zoning/Platting: R-1, Single Family; Rice Creek Terrace Plat 4 Availability of Municipal Utilities: Connected - Vehicular Access: 7"' Street Pedestrian Access: None Engineering Issues: None Comprehensive The Zoning and Comprehensive Plans are consistent in this - Planning Issues: location. Public Hearing Comments: To be taken � �.�2 Project Summary VAR #97-11, 6821 - 7'h Street Page 3 WEST: SOUTH: EAST: NORTH: ADJACENT SITES: Zoning: R-1, Single Family Zoning: R-1, Single Family Zoning: R-1, Single Family Zoning: R-1, Single Family Site Planning Issues: REQUEST: Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential The petitioners, John and Joette Zembal, request that a variance be granted to reduce the side yard setback of an attached garage from 4 feet to 3 feet. If the variance is granted, the petitioners propose to construct a 7 foot by 38 foot addition to their existing single car garage. SITE DESCRIPTION/HISTORY: The subject property is located on 7�' Street north of Mississippi Street. Located on the property is a 24 foot by 44 foot dwelling constru�ted in 1957. Also constructed in 1957 was a 12 foot by 20 foot attached garage. In 1984, the petitioners constructed a 12 foot by 16 foot addition to the rear of the garage, as well as a 20 foot by 22 foot living area to the rear of the dwelling. The existing garage now measures 12 feet by 38 feet. The property's rear yard is enclosed by a privacy fence and evergreen trees along the south property line. Located to the north is a single family dwelling with an attached single car garage which is approximately 5 feet from the lot line. The code section below would allow both garages to be expanded to within 4 feet of the lot line without variances (total separation distance 8 feet). If variances to both properties were granted, the separation could be reduced to 6 feet (3 foot setbacks) creating a"tunnel" between structures. ANALYSIS: Section 205.05.B.(2).(b).(1) of the Fridley Zoning Code states that the side yard setback for an addition to an attached single car garage may be reduced to four (4) feet if the nearest structure on the adjacent lot is a single car garage which is at least four (4) feet from the common lot line. 11.03 Pro�ect Summary VAR #97-11, 6821 - 7'h Street Page 4 Public purpose served by this requirement is to provide space between individual structures #o reduce the possibility of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. Based on the location of what exists on the adjacent property, the code allows expansions to existing attached single car garages to within 3 or 4 feet of the property line without a variance. In the petitioners' case, the existing garage could be expanded to within 4 feet of the property line without a variance. The adjacent garage is approximately 5 feet from the lot line. If approved, this request would require the adjacent property owner, either current or future, to apply for a variance to expand the garage. If the setback is maintained at 4 feet, no variance would be necessary for the adjacent property. The request does not adversely impact the lot coverage. In 1994, the City granted a similar variance to 3 feet at 6570 - 2"d Street. If the addition is constructed within 5 feet of the lot line, the Building Code requires no openings in the wall of the garage and one-hour fire rating along the exterior wall and into the roof structure. The request is within previousiy granted requests. Two neighbors have objected to the request. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: Staff has no recommendation for the Appeals Commission as the request is within previously granted requests. If the Commission chooses to approve the request, staff recommends one stipulation: The addition shall comply with the Uniform Building and Fire Codes for fire protection requirements APPEALS COMMISSION ACTION: The Appeals Commission voted unanimously to recommend approval of the request to the City Council. The Commission added a second stipulation: 2. The addition shall be architecturally compatible with the existing dwelling. Two neighbors spoke in support of the �equest at the meeting. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commission action. 11.04 �,�� ���: � R 1 - One Farrily lkris 0 R-2 - Two Farrily Urrts � R 3- General AAltiple lkits 0 R11 - Nbbile I-brne Parks PUD - Rarcied Unit Deucloprr�rt 0 S1 - F�yd� Par1c Neighborhood � sz - �o�,c a��a � G1 - Local Business [� G2 - General &siness � G3 - Gener-al Shopping - GR1- C'�neral Office o �, - �� ���� 0 n�z - �y i�c�ai � nM3 -�door �ntensive Heavy �nd. � RR - Railroeds ,' � P - Pt�blic Fadlities Q WATER i � wcwr�-wr>Y VAR #97-11, 6821 7th Street This request, by John Zembai, is to reduce the side yard setback of an attached garage from 5' to 3'. A T x 38' addition to the existing garage is proposed. '- — �� � ���' I � i � � � � � � PMiIC I � I i I 1 i i o�ro FI � � � � � �sre .� �w v� � ■■ ■� / _ �,� ( I � compi�ed and drauN, frorr, o�aal reoords based O(1 Ql'�f12f1C2 NO. 7� 8fld Z1X11(Kj � E��V@ date 12!/56 together with all arr�nd'ing ordn- anoes 2dopted and effective as of 2/17/97. The City of Fridey has ralcen every eff«t ro pr+� vide the most up-to-date information available. The data presented here is subject to drange- The City of Fridley will not be responsible for unforeseen erras or usage of this docur�ent. VAR ��97-11 John Zembal ��.� rz,1q47 c�., °� �,��-�- - � : a.�-�- � �- . �- -f� � �.h.. u �e... �-G- . `� � 8 a 1 `7� S-�. .Jlr�� �,u� �-�e h.e �..a.o-� .�-�, � ' ' : _ � " �c�k� c�-cC��.�i.o�c��-o-a-m �a-z a� 3��(�1�t.e�.� ��¢� � � . _ 1�o--�.�._Q c2 ._Q_.�..J�._� �o-�, ' ' 'Qi° a..�- -�-h �2�.e�, a�.� -c�» �-avt a �Q : °�� . 9 � �a-.-,o -� c��� �G�-e1 �.2 �2e a_a.l- �aL, . a�7��ha-��e.. �c,r, a�p.t�a.� an-t.c� J � ` , �` �.� `-�-�-�-- _�� �, � 1 �, � .��-e- � .� ' � � � , � / � �.�o c�.g .-� ���� 1 �•-�.� 11.06 .1ii�I—l�,�g� �"dE�� 11 �':� :��.lvi .ii:.�:t'�. Fc�C�D_� :i:�;: i�IC�. 61�'9'%'8i"1`j �'. ? 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' . • _ ' * . : - - � . . . • • . . . _ . , ' � _ ,.� ' ►•- ...�.. � : T + �.' . . • 1. r- � �. T t � r t� F . . . . i _ . [ . � . : . . . � . . -'_ • � ' • � . � -Li �i } .•+. 1'� i'� �i ��1, .±-lt1 .. . ._3 .._ . j....;..._,-�-_�:��:b� _::.��- .�_. - . a ... . . .. . . . . - - ri/�r,f�r = �oh,.J �jo �-f/� ,7�e�,�.L � /� -, , 7L� c� � . �r �� : � � 1 May 19, 1997 TO WHOM IT MAY CONCERN: John and Joette Zembal, property owners of 6821 7th Street N.E., Fridley, MN, have my permission to widen their garage which is near to m 6831 7th Street N.E., Fridle Y property, at Y, MN. A. Joyce Johnson �-, 6831 7th Street N.E. /� FrJ�dley, MN 55432 (_ � �7�_�p�i� i 1.08 l G G'j %� r vi.t� �, G:�C l r-�(. �i�c:v � � � l / �l \ � � � � •� G^ � � � .C� �-�/. � .� . , � : :S C�l t � �/� � 1�c <�(' Jr ` \ �� '� `� S � �� 1•�� �, �..,���� �� ��� � �- � `� � �- �� ..� �; -� -� �, � �- fc (�-�'U �� ��_.r _ � - � - �'i � ��i�_�/ `/� G" � � y( �' �C `� �P �i'--c.-�'2_r � � -z��� Z�l�t .,� � �o c-.� �� �'" 1 2 K � � U� �j ,P t� � `�cJ . .f . . .�. - �. � � / �%s���g _���; _`-�Lr_�^ 5 ��'-� Q� c» 5�-, 1 � / � 2 L'1 !� vY' i!? .r? d � %� r � (% � e � `f �t� .^ `� ��:���� '� �:�cro f �. s��� �� � � ��5, �v.� r� � y � � �� � z� � � � � r� � � /�. li, � n ,,� �/'o u �� � s ._.. i �'I �� ��.i/�y .., � , / �> � � �� 4r C'� :- --z � � / �- I . ��. �' `,. � � � � l.r� % Z— ( c �1 �� � C.rJ �`� 5 l: e-��P �c-� 5� . l V� �� _ ( � '�� � �� �� � ���� — � .S� �{ � �-- 11.09 I r�,,. Planning Coorclinator City of Fridley Att: Scott Hickok Re: VAR #9 7-11 John and ,joette Zembal Garage setback variarice Dear Sir: In reference to the above variant, I vvish to register my opposition and urge the council to reject it. I see no overriding reason for such and do not want a precendent set for similar future requests. Sincerely yours � ����.� -���� william s. rcnoff 6776-7th St. NE Fridley MN 55432 . 11.10 , � � . :1 . 'Y: a f ��_ � •�''� c .: ut> .,,..►'�M �"'<�'x .. . �� _ .� � �� ii : s-� _-- -.'-._ - � '� �` •'� � � '� .4.i. '.::� . . . � f � t - � ,r � � , ,: � ��*� '- '�A , ' : .:.3 r 3 Y:�,-. � � -. '' � .. � w� . . :,. . . , _ ,._.> � . . .. � . .. _ .... � .. .. .. � ._... ... - : Ji .:_F`�,.. �:/ : . _'.h�•� .. . .. . . - V\ '� y.w�:. L', : + ' .._ _ . R . . . . k_.'�. !'" :�sis e��� i.- s�. � u�� ' �ai - G m �� ■ io�■ � ' �- = �ss � " � � � ��� .. . ".°�_ �.` . �1 I�fef _ � -t:,� �i:N ara !� f ' ..:i� .. Ng� ��Y. � � - �, Ifc? Q C'. ' _ ' !.�"A N ',...L �+'S � Q •. �f' — i i � .�,�., :,�; <�:; . Y" �� iv�s��.�oi: v - ■rcanr_scex-�x=.-� _ .. �� � ��i a .�- .a3 !� (• °� ' � ` � -;i � (l 3 V j . , � 5 +�q,� X �' ^ w�� _ .s£R^- .'...:.. .. . . • i ,�d �" . . � . +f` A�`,,... � . � . . . APPEALS COMMISSION MEETING JULY 9 1997 PAGE 6 2- PUBLIC HEARW - CONSIDERATION OF VARIANCE REQUEST VAR #97 11 BY JOHN AND JOETTE ZEMBAL: Per Section 205.05.B.(2).(b).1) of the F�idley Zoning Code, to reduce the setback of an attached garage from 4 feet to 3 feet to allow the construc#ion of a 7 foot by 38 foot addition to an existing single car garage on Lot 9, Block 2, Rice Creek Terrace Plat 4, generaily located at 6821 - 7th Street. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading of the public hearing notice and to open ihe public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIG HEARING OPEN �1T 7:57 P.M. Ms. McPherson stated the request is to reduce the setback of an,attached garage from 4 feet to 3 feet. If approved, the pe#itioner is proposing a 7 foot x 38 foot addition to the existing attached single car garage located on the property. Ms. McPherson stated the subject property is iocated on 7th Street north of Mississippi �treet; 68th Avenue is to the south. The property is zoned R-1, Single Family, as are all the surrounding properties. Cu�rently on the property is a single family dwelling unit constructed in 1957. The dwelling has a single attached garage, In 1984, the petitioners constructed a� addition to the rear of the existing garage and also constructed additional living space off the rear of the dweliing. The existing garage is 12 feet x 38 feet. The adjacent dwelling to the north has an attached garage approximately 5 feet from the lot line. Ms. McPherson stated the code typically allows the expansion of both single car garages to within 4 feet of the common lot line which would provide 8 feet of separation. The City has had two similar requests in the past at 6570 - 2nd Street and at 6830 Washington Street. The City typically requires that the additions comply with #he building and fire codes which requires a one hour fire constn.�ction and no openings in what would be the north wall of the garage. The existing garage is similarly constructed with no openings in the north side. � Ms. McPherson stated the request is within previousfy granted approvals; therefore staff has no recommendation for the Appeals Commission. !f the Appeals Commission recommends approval of the request, staff recommends the following stipulation: The addition shall comply with the Uniform Building and Fire Codes for fire protection requirements. Ms. McPherson provided copies of two letters from persons within the notification area who objected to the request. Those were submitted tate on Friday. 11.12 MO--- T��N by Dr. Vos, secondec�-by Ms. Beaulieu, to receive letters from Mr. Fred Lautizi and from Mr. William Knoff. � � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle asked the addresses of the two previous requests and the setback that was approved. Ms. McPherson stated the variance at 6830 Washington was to 2.2 feet, and the variance at 6572 - 2nd Street was to 3 feet. The resident expressing an objection at 6820 Washington is adjacent to the person wlio received the variance at 6830 Washington Street. The person objecting at 6776 - 6"h Street would be severa! houses to�the south of '�� `_- the petitioner. Ms. Beaulieu asked how much space was be#ween this house and the house next door to the north. Ms. McPherson stated the existing garage wal! of the subject property is 10 feet from the property line. Out in the field, staff estimated that the garage on the property to the north is approximately 5 to 6 feet from the property line. Right now, there is roughly 15 to 16 feet of separation. Dr. Vos stated stafPs reasoning is that they could go within 4 feet. Ms. McPherson stated the conditions in the code section would typically allow going to within 4 feet if that property next door has a double garage at least 4 feet from the properly line. If the petitioner was to maintain a 4-foot setback, the neighbor to the north would be able to expand to within 4 feet without a variance. Ms. Zembaf stated they would like to add onto the garage to add space for another vehicle and to store some of their equipment. Mr. Kuechle asked if the existing ga�age was 38 feet deep. Mr. Zembal stated, yes. Ms. Beaulieu asked, if the Appeals Commission denied the request, could the petitioner add 6 feet and have a 18 foot wide garage? Is that wide enough for two cars? Mr. Zembal stated, no. Ms. Zembal stated a standard garage door is 16 feet. For this to look right, there should be �'�P sa�= �mcunt of brick a� both sides. 11.13 APPEALS COMMISSION MEETING JULY 9 1997 PAGE 8 Mr. Zembal stated adding 6 feet would make it pretty tight. Ms. Beaulieu asked if there were any comments from other neighbors. Ms. Zembal stated the neighbor to the north and the neighbo� across the street are at the meeting, and they are okay with the request. Mr. Kuechle stated the neighbor to the north is most affected by tfie constnaction. Dr. Vos asked, if this petitioner adds on 7 feet, does it limit the neighbor to the north to go within 4 feet of the property line? f�ls. McPherson stated it does not. However, ihstead of the properfi� owner or future - �- Nroperty owners being able to come in and have the City administratively approve the construction, it forces them into a variance situation in the future. That will also require them to have a one-hour fire wall. The building �equires that any structure within 5 feet of the lot line must have a one-hour fire rating. Mr. Kuechle asked if the neighbor to the north has a single car garage. Ms. Zembal stated the neighbor has a 1.5 car garage: Mr. Jachymowski stated he lives across the street, and he supports the request. There have been a number of expansions of garages in the neighborhood since 1965. He thought it improves the housing stock both from the situation of the present owners but also for future owners and the City in general. They have a very nice neighborhood. This addition is not going to detract from it. it is conducive to the neighborhood. Being across the street, it does not affect them from a visual or aesthetic aspect. The homes, including the Zembals, are very well kept. He did not think this would be a detriment at all. Ms. Johnson stated she lived next door to the north. She has no problem with the request. She has a garage and a half and a porch behind. As far as future expansion, it is improbable. She saw no problems whatsoever. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECH�E DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:93 P.M. Dr. Vos stated he would recommend approval with the stipulation about the building and fire codes which is automatic, and as long as the neighbor to the north made the effort to come and support the request. Mr. Kuechl�- ^,gre�d. He thought the hardship is tfiat it is difficult tfl makA a garage workable under 19 feet. He would add another stipulation that the addition be 11.14 APPEALS COMMISSION MEETING JULY 9 1997 PAGE 9 architecturaily compatibie with the existing structure. Ms. Beaulieu agreed. She is troubled with the two who opposed the �equest, since they are less affected than the two neighbors who are in attendance. It is one foot and that should not negatively affect how it looks. She would be in favor of the request. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend approval of Variance Request, VAR #97-11, by John and Joette Zembal, to reduce the setback of an attached garage from 4 feet to 3 feet to allow the construction of a 7 foot by 38 foot addition to an existing single car garage on Lot 9, Block 2, Rice Creek Terrace Plat 4, generally located at 6821 - 7th Street, with the following stipulations: 1. The addition shall comply with the Uniform Building and Fire Codes for fire protection requirements. 2. The addition shall be architecturally compatible with the existing structure. UPON A VOlCE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that because of the finro objections, the request will go to the City Council on July 28. � 3. Ms. McPherson stated the Planning Commission and ' Council have not met since the last Appeals Commission meeting. ADJOURNMENT: MOTION by Dr. Vos, seconded by M. eaulieu, to adjourn the meeting. UPON A VOICE VOTE, ALL TING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED THE JULY 9, 1997, APPEALS COMMfSSION MEETING ADJOURNED AT 8:15 . . Respectfully s � l��C�' ;�% � G C�- �.�:�c.% Lavonn ooper Reco ing Secretary ; �� 11.15 MEMO�:ANDUM DEVELOPMENT DIRECTOR DATE: July 24, 1997 TO: William Burns, City Manager ,��71 � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Approve Resolution Authorizing an Application for the Livable Communities Demonstration Account; Hyde Park/57�' Avenue Improvement Project Staff is preparing a Livable Communities Demonstration Account grant application for the Metropolitan Council. The purpose of the grant application is to obtain additional monies for design improvements as part of the 57"' Avenue improvement project. This project has been scheduled for the 1998 construetion season. At the August 11, 1997 City Council meeting, the City Council will approve a contract for engineering design services for this improvement project. Staff prepared a project summary which was submitted as part of the grant pre- application (summary attached). Comments from the Metropolitan Council staff were received and will be addressed in the grant application. A component of the grant application is a resolution authorizing the application. Staff has estimated the total project costs associated with the 57"' Avenue improvement project. The estimated budget is as follows: Amount � Item $ 42,210 Design fees $ 15,950 Inspections $ 10,000 Storm sewer $100,000 Signals 12.01 Livable Communities Demonstration Account July 24, 1997 Page 2 $500,000 $250,000 $ 72,000 $100,000 $ 30,000 $ 15,000 $15,000 $ 20,000 Total project cost (roadway, curb & gutter, pavement markings, etc.) Park & Ride next to Holiday Plus (improvements completed by the MCTO) Decorative street lighting Landscaping Bus stop improvements at University/57t'' Avenue Off-street bikeway/walkway along the west side of Main Street Possible sidewalks along 57�' Avenue and 200 feet north on 3'd Street Neighborhood-designed banners The total project cost is $1,170,160. The City will request a grant in the amount of $252,000 (the items noted in bold). If the City does not receive grant monies from the Metropolitan Council, the banners, bus stop improvements, and the off-street bikeway/walkway on Main Street will not be included as part of the 57"' Avenue improvement project since they were not part of the original project scope. These items were added to address the criteria of the Metropolitan Council. Public participation is a key element as well as "transit and pedestrian connections" (bus stops, sidewalks, and bikeways). The grant application does not bind the City Council to any of the proposed improvements at this time. Next Steps Staff continues to work on the grant application, due August 8, 1997, which requires an improvement schedule and an estimated budget. Copies of the comple#ed application will be given to the City Council. Grants will be awarded in December 1997. Staff has not had an opportunity to meet with othe� affected property owners (Hardees, Cattle Company, and Super America) regarding the improvement plan. These meetings will occur next month once the engineering consultant has been hired. The neighborhood banners will require public participation with the Hyde Park neighborhood to provide a design for the banners. These banners will be located on the decorative street lighting on 57'h Avenue. An article about the improvement project was included in the last edition of the City's Newsletter and the current edition of "Hyde Pa�k News", which is currently under production (copy coming). � 2.�2 Livable Communities Demonstration Account July 24, 1997 Page 3 Recommendation Staff recommends that the City Council approve the attached resolution authorizing the application for Livable Communities Demonstration Account Grant. Note: Staff has not heard from Home Depot regarding their contribution for 50% of the design fees. MCTO has yet to make a final determination regarding the Park & Ride. MM/dw M-97-325 12.03 �' ; RESOLUTION NO. - 1997 A RESOLUTION AUTAORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM; HYDE PARK/57� AVENUE IMPROVEMENT PROJECT WHEREAS, the City of Fridley is a participant in the Livable Communities Act's Housing Incentives Program for 1996 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the City has identified a proposed project within the City that meets the Demonstration Account's purpose(s) and criteria; and WHEREAS, the City has the institutional, managerial, and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City Council of the City of Fridley, Minnesota, agrees to act as legal sponsor for the project contained in the Demonstration Account applicat�on submitted on 1997. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Fridley and to execute such agreements as are necessary to implement the project on behalf of the applicant. PASSED AND p,DppTED BY THE CITY COUNCIL IN AND FOR TAE CITY OF FRIDLEY THIS DAY OF lgg�. , NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK 12.04 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT of the Metropolitan Livable Communities Fund Comments on the Project Summary for Fridley, Hyde Park/57th Avenue Project June 30, 1997 DESIGN CENTER COMMENTS Stren hs: The concept and project could become a key community building strategy by reconnecting existing communities to the changing transportation systems and servicing residents' needs ibr access to these systems. Weaknesses: The proposed project would widen streets--is this compatible with a safer, pedestrian-oriented street system? Suggestions/ uestions: Is this project part of a larger citywide effort to develop a model which can be used throughout the city? How is MCTO connected to your efforts? Are there local transit systems such as social service providers who might be. interested in how and where these transit points are located and designed? How are these revitalized street links connected into the city's open space system and/or to schools and shopping? Will the transit hub in fact be a transit hub? It appears to be more a park and ride facility. COUNCIL STAFF COMMENTS " Making this area pedestrian-friendly is a worthy but difficult challenge, due to the types of land uses at the south end. Transportation staff believes that the area is not appropriate for a full-scale transit hub. Rather, an improved bus stop/plaza area and a new parla�ide could better serve Route 24 express trips. v:Uibrary�commundv\demo\democom.doc 12.05 LIVABLE COMMUNITIES FUND 1997 LlVABLE' COMMUNITIES DEMONSTRATION ACCOUNT PROJECT NAME: Hyde Park/57"' Avenue Improvement Project PROJECT LOCATION: No�thwest quadrant of Interstate 694 and Trunk Highway 47 (University Avenue), Fridley, Minnesota. Interstate 694 north to 61 gt Avenue, University Avenue west to Main Street. PROJECT DESCRIPTION: The Hyde Park Improvement project, using 57"' Avenue as the focus, will provide the public infrastructure to link housing, industry, and retail in a unique, existing, mixed use neighborhood. The proposed public infrastructure includes: � Widened 57"' Avenue with improved traffic control and access � • Off-street bikeway along the west side of Main Street connecting 57�' and 61 St Avenues plus sidewaik connections from 57"' Avenue north into the neighborhood, and along the north side of 57"' Avenue • Improved bus stops and new transit hub at 57"' Avenue • Uniform landscaping and design elements like specialty street lighting with neighborhood-designed banners along 57"' Avenue Hyde Park is one of the oldest subdivisions in the City of Fridley. Hyde Park was identified in 1995 as a focus area for the Housing and Redevelopment Authority (HRA) housing programs. The City embarked on a multi-faceted process to improve this 16 block area. Since 1995, the City and HRA have: • Conducted two focus groups with single and multiple family owners, and completed a tenant survey • Acquired and demolished 7 substandard homes; total cost $294,000 • Constructed 3 new homes • Provided 31 grants and loans for single and multiple family rehabilitation projects with a total value of $158,966 (public funds only) • Acquired Frank's Used Cars for a residentiai redevelopment project 12.�7 LIVABLE COMMUNITIES FUND 1997 LlVABLE COMMUNITIES DEMONSTRATION ACCOUNT Page 2 PROJECT DESCRIPTION, cont. • Provided Tax Increment Financing for a commercial redevelopment project on the north side of 57"' Avenue • Contracted with the Center for Energy and Environment for rehabilitation assistance and "Hyde Park newsletter" • Established a strong crime prevention presence through the use of Neighborhood Resource Officers and regular crime prevention rneetings SPECIAL FEATURES: Hyde Park has: • A strong sense of neighborhood since 1973 • A unique mix of single and multiple family dwellings (duplexes to 11 unit buildings) • Located near commercial and industrial developments • Strong "gateway" entrance into the City of Fridley with transit services available STATUS OF PROPOSAL: The City is currently in the design stages for the 57"' Avenue improvements. Funding sources are being identified. CONTACT PERSON: Michele McPherson Planning Assistant City of Fridley 6431 University Avenue Fridley, MN 55432 � 2.�8 � _ � a � ,-�� ' . � �� � '` � ■�s - . .� � �■ �� .,, Q -- � �-� �. �,-;., � � . i rr ..t. i7P.���� �S.y I. � � 2` � — - ' s ' ` t -� � � ' r � � � � ` .-P ' � _ � �: �'�:.� ,_`a. �p,� ii i _ I ; -F tl��= " ' � �� �, ' �� � f '�.. i ! _ 1 i J �� ��„� J_�� ` � ~ t��1 :. j �59 �3.* � � ' i � � 5 I �� +£� ���.� . i �'. . Y . , _4 0�� - - . _ ►:� ; �� = I � I ° ■� �� �� � • c r • - ,A � : � � _. d E ' �i I��' �� �� �'i .. .,.�; � �� �� �I - : er � !� !7i �l �t►11�.1�■• � � � ������ -_ �. ° , �I = �,i,, ±� A�: � �� �� � � - b - �-`� �' b �y. �¢\� -pg�-y� -p- . ' ' 'y 9 : �{fl. ' � L=� h� h�'S8 9 �y - � � ..:_.. - r ' . I ' 1 •" �����I���� ��ll ',I,L��i G:���i _ , .� � ;..�� � � ��d�A�� ���111�� - _ _=-_ _ __-- ��■ �� �� � : _ _ -_ -- ��„J�==��. � �� .��K� �r� � �i� � r � �I � - = � � � � i � �.'� 1 r �- - ,� �; : _ _;. • .� �' �; . � � � �� � 'rt -� -.K i ,;,;.m,,� �� � � � ,F�: 8::�z13 � ��' � '�1 � � . fiolume l, Number 4 ,�, .,�►- • d'e Pa�l� Ho y' ��sr Nervs �g � Winter 19 9 6 Frzdley's HRA Rehabi�YtatYOn Loan PY•o ram U date g p In Septernher of 1995 the Fridle�- Housin� and Redevelopinerit lluthority (HRA) uriveiled a special housirig pro�rarn available onl�� tu propert�� o�•riers in the H��de Park neighborhood. The I-�RA teamed- up �vith the Center for Ener�� and En��ironrner.t (GEE), a �Yliruieapolis-based non-profit, to admi :►is- ter tiie prograrns. In conjunction �vith CEE, the HRr� offer� �=�,000 lo�v-interesr cleferred loans to l�f� �d � loans in Hyde Park Tlie chart shown below pro- vides a brP,�zkdoRm of the loan activity. Pro er T Dollar Value No. Sin�le Family I-fu�nc .`�i53,448 10 Rental Propert�• $?7,114 1? Total $130,562 2� qua i i� �uu{�ert5� o�vners. The deferred loans must I In addition to deferred loans, the HI�1 has 5`% be iriat<�liecl h�• the o���ei-, but clon�t have to be Iiuine impro�Tement Ioans and a lirriited amount of repaid uritil tlie property is sold. OR�ners can use grant funds available: L�o�v-interest fiznds are also their oR�i iunds or access one of se�-eral special a��ailable to rental property o�vners. For more infor- financing proa ains offered through CEE. mation contact Donna Krech, CEE Loari Officer at 335-2651 or stop by the Fridley Municipal Center - Over the last 15 months, the HRA has made 22 - on Tuesday evenings from .5:00 .p.m, to 7:00, p.m.: New Homes Built on : S1ip-0ff 5900 block of 2nd street arid built a home which is ` � � . _ � currently for sale. :: . . This summer contractors removed the off ramp ' from Universit5� Avenue to 3rd Street near the infer- The HRA.purchased four more homes this.year and . section of 60th Avenue. ..The roadway, �vhich �vas plans to demolish the structures in January. The originally built to serve businesses in the Hyde Park properties zvere purchased on a voluntary basis and neighborhood, was no longer needed due to declin- R�ill be redeveloped into neR� housing in the f'uture. ing comriiercial activity. In 1994 the Gity of Fridle�� purcha.sed a commercial buildin� immediatel}� For more in%rmation on the Housinb Replacement south of tlie slip-off ramp and razed the structure. Program call Grant Fernelius, Housuig Coordinator The City in turn conveyed the parcels to the Fridley at 572-3591. HRA for t�ie purpose of redeveloPing the site. Construction k�e�,an on t�vo ne�v liou5c�5 tlus Past sprin� by Taiiis, Inc. of I�ridle�'. O(i��er Tam pur- cf�i<LSed tlie sice fro►ii tl�ie H1�1 ai�id si�r��icd a deve(o��- riietit u�;c���e�uc�it t_c� eiisure t.l�i�it tiie l�urnes ��-ere coti- strucCe<1. :��Ir. Tiiu� ,_i1s�� ���urclias���I �a tliircl lot ir� t(ic 12.10 r==� � -- -� Z�bS9 NW '�(a�pia� �� anuany �(�is�aniun �E�9 �a�ua� ��di�iunW �(a�pu� `ddH �alA!a� lo �l!� Neigilborhood SuI'vey Mark your Calendars for th e Spring � ' Home Remodeling and Garden Fair Sinc;e the City and HRA bc�gan working iri Hyde., . Park last year, a sigruficant ainounf oi public ir�vest- � The 2nd Annual Fridley Home Remodelin and ment �as occ:urred =- We are interested in kno � b ;_�lg-_ Garden Fair witl kie held on Saturday, Apri15;� 1997 -� what you think about " our ne rhood and � , _ - y . lghb° ° from 10 00�am_ to`3.00.p:m: at.the Fndley High� whether the hous ro ams are : ` � - , , � p � �?� a��eT= School,:;6000 West Moore Lake Drive: Come see a ence. Please take a few moments to complete the � wide -vaTi f' d attached survey arid return it in the self addressed, sta.mped envelope. eLy o ven ors ranguig from wu�dow con- tractors; siding companies, and other remodelers to lawri and garden experts. Brin� your home improvement quesrions and get them answered b}� the pros. Learn about financing programs and a free remodeling advisor service available through the Fridley HRA Hope to see you there! SEASONS �REETINGS 12.11 MEMORANDUM DEVELOPMENT DIRECTOR DATE: July 25, 1997 TO: William Burns, City Manager�� � FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Authorizing Inclusion of Street Lights in the Intersection Improvement Project for Trunk Highway 65/Lake Pointe Drive/Centra! Avenue BACKGROUND An informational hearing was held on July 10, 1997 at the Housing & Redevelopment Authority regular meeting regarding the proposal to install 40 foot tall street lights along Highway 65. The minutes for the HRA meeting are still being prepared; however, eight people spoke in opposition to the proposal. There was no testimony in support of the proposal. PROPOSED RESOLUTION The attached resolution, if approved, would authorize inclusion of the street lights in the intersection project and authorize one-half of the cost, not to exceed $60,000. A similar resolution is also scheduled for HRA action on August 14, 1997. 6 D/dw M-97-330 13.01 RESOLUTION NO. - 1997 RESOLUTION AUTHORIZING INCLUSION OF STREET LIGHTS IN THE INTERSECTION IMPROVEMENT PROJECT FOR TRUNK HIGHWAY 65/LAKE POINTE DRIVE/CENTRAL AVENUE WHEREAS, on March 13, 1997, the Housing & Redevelopment Authority authorized the execution of a contract with Short-Elliot-Hendrickson for the development of the final plans and specifications for the improvement of the Trunk Highway 65/I�ake Pointe Drive/Central Avenue; and WHEREAS, on January 11, 1996, the Housing & Redevelopment Authority authorized the City to proceed with an ISTEA application on behalf of the HRA to construct the project; and WHEREAS, the City Council feels that it is appropriate to include street lights extending from the intersection project to East Moore Lake Drive on either side of Highway 65; and WHEREAS, a preliminary analysis reveals that approximately 25, 40 foot ta11, 400 watt high pressure sodium lights spaced at one per 150 feet is appropriate. NOW, THEREFORE, BE IT RESOLVED, that the City Council authorize inclusion of the street lights into the intersection improvement project. BE IT FURTHER RESOLVED that the City Council will fund up to one-half of the costs of the street lights, not to exceed $60,000. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 13.02 NANCY J. JORGENSON - MAYOR � c� -177 ( 11 • J 1 LUt- �n �n�G.J � � � � •� ��-^� ��- . -' .:.Op Y.' -0' L + u \ � � Z � � i o �� m � o�� � .ny � r �i 0 �� Z �� 1� ; O H,�' � ff �� � a`� ;, D = �j p a �(�-1 l_�! ! �r g Ti F� � �4 � .. X � � $.7$ % � �' � � � ti :F� T ,aM °. y Z � F u I�.Op � . u.00 1C.00 0 2a.00 ZB. �.'. 2I.Ol LWIM�IpE SDECIF1CalI0iK F[TTE� fNTE�L. w� •:unTKM CO"iSTPUCT10w.. Hl1US1 :�?.8�• ntGri [ Ja-�i' Ota. CLL atu+lw�+ CpNST�f_TIM. 4EF�ECTOI•: Nr� E��E7��E11-pQOiSTCIL�uflt+. 4ERECiOSFWSPVEO vlin .C��v�rSO C�'n�C04 c(�TER. OppF� YINJE{7t@1 �QOEO 1.C�•�JiC. LEr+S �bCeFlr+rt �cr.n 0.�SS WycEl: C�.r.D.n. GtiSKET BE7✓'cv Ct.iS tE.�i- �lEiTOi. L ECTRi[.� Rr{KtCArIWS B�LL�iT: XJO v�iT/ v0.T COQE. 4yD COI� �plJ�fE0 SFiTWINI�RE. 'p(rx e•Se �vcC4�tN. ��e�250R�P�T tIL(n /'t2S9F� u10/lM. . BV OTNPRi• ao�E s�ec�nc•7tWs •eK: ].O. OIA. S7E0. fV�- u�thSl�wGtO�Y0v1iA�0�►�E� v��it.�y.8.5•.utn. IOK� DUF:: �IIQl�O ST4.l�nT SiEEt, �O.o• ot•. % 12' rul. wNOOIE� Mlnl CWER. P�SE fOVER� A�UM1M1Na. x 1•.0' nlGn »OT�[[[ [�S* B+Sc: C�I�+W�i�.r��irYteev iof��E rL�iF. uO�A�4� xrEp..�wC�6WliS OM�+ i3 O��BO�If SStLLE. F{wl3r: 8�udh wtCrttCCC��� �� InTES: t. fi%TtRE Tll BE�R •tM.' uwl yvj(�2tf fpy YL'1 LQIITI[11C•' �. aLL VIM COMrMCTIONS TC � MI� Y(iu vtct wr.. 3. �SxT1JSE SU°OL[EO VtTN TE�INPI B��R TnaT YSIL AC��PT lIP TO 4�6 �tAMIMDt vlkE. e. B�uaST � ��[T �cntxe�i��nr�ocrrc�i��iiµ Pl.!w;t. FD2 Eair C�L� CT 1csGM,f1,Y K��'4. � �. y,[ �ponptip[�n N� LUKiN�IQE OfT�TLS- �.7$" 014. CO+OuIT UPENING. �i.�s t�. ,a 13.::0 OIA. B(L' f L1RilE. �USi sUWIMD� TR+NSITIOn CO�ER. �SE OET.I� t �+0 Xn�E � �_TQIKTITIO�+�PoR SECC�RINf. �10.0' 0[a. STEEt 1UBE. . �. «� ��.o- : s.o- �•w�ue, ir� ca�e. �5' riK. STEEI B�:E VI�TE- /� T+0-P1KE GSl .uwlren / PiSE CO"FF� /^�4� ��_ 3.0' � c�.n� '�r�i��: M. I ` i3,5' ....� ..... .� o .. -�r� cG: NOTE: ;@.00tr.�t�D� 1G C�� . .v..rn . . tiwen ����� 5 � � COMPARISON OF COSTS EXECUTIVE FONTANA HUMBOLDT $104, 000 ($4, 000/std ) $106, 600 ($4,100/st� ) $111,800 ($4, 300/std ) FRANKLiN iii $'iO4,000 ($4, 000/std ) SHEPHERD'S HOOK $119,600 ($4, 600/std ) 13.04