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04/04/1999 - 4637� cmr or FRIDIEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Mav�c�ay, Janucut.y 4, 1999 ' 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM NUMBER PRINT NAME (CLEARLY) ADDRESS , � FRIDLEY CITY COUNCIL MEETING OF JANUARY 4,1999 CRY OF 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. Upcn req_uest, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: Special Cify Council Meeting of December 14, 1998 ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS: Steven E. Billings - Councilmember, Ward 1 Richard P. Wolfe - Councilmember, Ward 2 Ann R. Bolkcom - Councilmember, Ward 3 STATE LEGISLATIVE UPDATE. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: - NEW BUSINESS: Receive the Planning Commission Minutes of December 2, 1998 ....................................... .................. 1.01 - 1.13 Special Use Permit, SP #98-17, by Wenck Associates, Inc., to Allow a Chiropractic Clinic in a R-3 District, Generally Located at 6431 Highway 65 (Ward 2) ....................................................................................... 2.01 - 2.07 Variance Request, VAR #98-38, by Wenck Associates, Inc., to Decrease the Required Setback from the Right-of-Way to the Driveway from 20 Feet to 0 Feet in Order to Extend the Driveway for Adequate Fire Protection for a Proposed Chiropractic Clinic, Generally Located at 6431 Highway 65 (Ward 2) ........................................... ......... 3.01 - 3.09 ................................... Motion to Authorize Staff to Solicit Proposals for Yard Waste Transfer Services....................................................................................... 4.01 - 4.06 GQini �v r_�TV r_n� iNCn MFFTiN� nF �oNUARY 4. 1999 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Approve 1999 Development Review Schedule for Planning Commission and City Council Action ................................................................... 5.01 - 5.10 Receive Proposals and Award Contract for the Design and Construction/Inspection for the Riverview Terrace Improvement ProjectNo. ST. 1999 - 1 ................................................................. 6.01 - 6.02 Resolution Authorizing Flood Damage Agreements Associated with the Riverview Terrace Improvement Project No. ST. 1999 - 1 ................................................................. 7.01 - 7.02 Resolution Imposing Load Limits on Public Streets and Highways in the City of Fridley, Minnesota ............................................................... 8.01 - 8.05 Resolution Designating Director and Alternate Director to the Suburban RateAuthority ................................................................................. 9.01 - 9.02 � FRIDLEY CITY COUNCIL MEETING OF JANUARY 4_ 199s ow�� w �� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI• Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School (Sharx Club) (Ward 3) ......................................................... 10.01 - 10.02 Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School (Spikers Grille and Beachclub) (Ward 2) ....................................................................................... 11.01 Resolution Designating Official Depositories for the City of Fridley .................................................. 12.01 - 12.03 Resolution Designating An Official Newspaper for the Year 1999 ......................................................... 13.01 - 13.02 Approve City of Fridley Pay Equity Implementation Report ........................................................ 14.01 - 14.07 FRIDLEY CITY COUNCIL MEETING OF JANUARY 4. 1999 PAGE 5 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Appointment: City Employee ........................................................... 15.01 Claims....................................................................................... 'i 6.01 Licenses....................................................................................... 17.01 - 17.04 Estimates....................................................................................... 18.01 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 6 PUBLIC HEARINGS: Zoning Text Amendment, ZTA #98-03, by the City of Fridley, to Amend the Zoning Code to Allow Daycare Centers in Places of Worship, Schools or Other Buildings Having a Lot Area of at Least 12,000 Square Feet, Located on a Local Access Street in #he R-1, R-2, I�-3 and R-4 Zoning Districts, as a Special Use, with Specific Performance Standards .................................................. 19.01 - 19.03 Consider Application to the Minnesota Trade and Economic DevelopmenYs Minnesota Investment Fund 6y Harker's Distribution Inc., 7501 Commerce Lane N.E. (Ward 3) ....................................................................................... 20.01 - 20.06 NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.07.01.C.(4), � 205.08.01.C.(4), 205.09.01.C.(3), and 205.10.01.C.(4), to Allow, by Special Use Permit, Daycare Facilities on Properties that Exceed 12,000 Square Feet in the R-1, Single Family District; R-2, Two Family District; R-3, General Multiple Unit District; and R-4, Mobile HomePark District ............................................................................... 21.0.1 - 21.44 FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 NEW BUSINESS (CONTINUEDL Resolution Authorizing the City of Fridley to Act as the Legal Sponsor for an Application to the Department of Trade and Economic Development on Behalf of Harker's Distribution Inc. for Minnesota Investment PAGE 7 Funds....................................................................................... 22.01 - 22.02 Variance Request, VAR #98-33, by Robert Granger, to Increase the Allowable Encroachment into the Rear Yard Setback from 10 Feet to 17 Feet to Allow the Construction of an Open Deck, Generally Located at 6310 Seventh Street (Ward 1) ............................................ 23.01 - 23.12 Variance Request, VAR #98-34, by Spikers Grille and Beachclub, to Increase the Maximum Height of a Sign to 50 Feet, the Maximum Size to 200 Feet, and to Place a Free Standing Sign on an Entry Drive, Generally Located at 7651 Central Avenue N.E. (1Nard 2) ......................................................................... 24.01 - 24.20 Variance Request, VAR #98-37, by Bruce Bogie, Merchants Maintenance & Construction, to Increase the Maximum Lot Coverage of #he Main Building and all Accessory Buildings from 30 Percent to 32 Percent; to Decrease the Drive Width from 25 Feet to 23 Feet; and to Decrease the Setback from the Alley from 15 Feet to 5 Feet 9 Inches, to Allow the Construction of an Eight-Unit Apartment Building, Generally Located at 5427 Fourth Street N.E. (Ward 3) ...................................... 25.01 - 25.16 FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 8 NEW BUSINESS (CONTINUED): Resolution Authorizing the Execution and Delivery of a Joint Powers Agreement Relating to the Anoka County Joint Law Enforcement Central Records Project .................................................. 26.01 - 26.30 Approve Proposed 1999 Agreement Between the City of Fridley and the ETC Fridley Communications Workshop, Incorporated (ETC Channel 33) .......................................................... 27.01 - 27.04 1999 Fridley City Council and Staff Appointments....................................................................................... 28.01 Informal Status Reports ....................................................................... 29.01 ADJOURN. a� Y r y s rt i � � .� > . UNCIL MEETING OF JANUARY 4 1999 �� FRIDLEY CITY CO � �� 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 ALLEGIANCE. APPROVAL OF MIlVUTES: Special City Council Meeting of December 14, 1998 �-�� e�. ��-- ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIAL: Steven E. Billings - Councilmember, Ward 1 Richard P. Wolfe - Councilmember, Ward 2 Ann R. Bolkcom - Councilmember, Ward 3 STATE LEGISLATIVE UPDATE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Planning Commission Minutes of December 2, 1998 .. 1.01 -1.13 � � APPROVA� OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Special Use Permit, SP #98-17, by Wenck Hssociates, Inc., to Allow a Chiropractic Clinic in a R-3 District, Generally Located at 6431 Highway 65 (Ward 2) .................: .......... 2.01 - 2.07 h Variance Request, VAR #98-38, by Wenck Associates, Inc., to Decrease the Required Setback from the Right-of-Way to the Driveway from 20 Feet to 0 Feet in Order to Extend the Driveway for Adequate Fire Protection for a Proposed Chiropractic Clinic, Generally Located at 6431 Highway 65 (Ward 2) ............................. 3.01 - 3.09 �� Motion to Authorize Staff to Solicit Proposals for Yard Waste Transfer Services ............................. 4.01 - 4.06 � yb ��'' ,,��' a� � �1 w� � � �� ,°� \ � Approve 1999 Development Review Schedule for Planning Commission and City Council Action ............ 5.01 - 5.10 , � t m � FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI• Receive Proposals and Award Contract for the Design and Construction/Inspection for the Riverview Terrace Improvement Project No. ST. 1999 - 1 .......... 6.01 - 6.02 , ��' G Resolution Authorizing Flood Damage Agreements Associated with the Riverview Terrace Improvement Project No. ST. 1999 - 1 .......... 7.01 - 7.02 �',� � � Resolution Imposing Load Limits on Public Streets and Highways in the � City of Fridley, Minnesota ........ 8.01 - 8.05 � . ,��f �� Resolution Designating Director and Alternate Director to the Suburban Rate Authority .......................... 9.01 - 9.02 , + `� �, � � fi � { �1 � �,�� o, 1 � Resofution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace Hig School (Sharx Club) (Ward 3) .. 10. 1-10.02 � � Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School (Spikers Grille and Beachclub) (Ward 2) ........................... 11.01 � � '� i' " , j r� t- . �> PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: 0 NEW BUSINESS fCONTINUEDI• Resolution Designating Officiai Depositories for the City of Fridley ............................ 12.01 -12.03 4/ l if1 1 � � Resolution Designating An Official Newspaper for the Year 1999 :.. 13.01 -13.02 � � � Approve City of Fridley Pay Equity Implementation Report �R � V Appointment: City Employee .. 14.01 - 14.07 15.01 Claims .............................16.01 � � � Licenses Estimates ............................. 17.01 - 17.04 � �� . ............................ 18.01 �� U � � � .i . FRIDLEY CITY COUNCIL MEETING OF JANUARY 4,1999 ADOPTION OF AGENDA. , OPEN FORUM. VISITORS: (Consideration of Items not on Agenda -15 Minutes) PUBLIC HEARINGS: Zoning Text Amendment, ZTA #98-03, by the City of Fridley, to Amend the Zoniny Cod� to Allow Daycare Centers in Places of Worship, Schools or Other Buildings Having a Lot Area of at Least 12,000 Square Feet, Located on a Local Access Street in the R-1, R-2, R-3 and R-4 Zoning Districts, as a Special Use, with Specific Performance Standards ........................... 19.0 - 19.03 V Consider Application to the Minnesota Trade and Economic DevelopmenYs Minnesota Investment Fund by HarkePs Distribution Inc., 7501 Commerce Lane N.E. (Ward 3) .................................:....... 20.01 - 20.06 � NEW BUSINESS: First Reading of an Ordinance Recodifying . the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.07.01.C.(4), 205.08.01.C.(4), 205.09.01.C.(3), and 205.10.01.C.(4), to Allow, by Special Use Permit, Daycare Facilities on Properties that Exceed 12,000 Square Feet in the R-1, Single Family District; R-2, Two Family District; R-3, General Multiple Unit District; and R-4, Mobile Home Park District ......................... 21.01 - 21.44 � � PAGE 3 NEW BUSINESS (CONTINUEDI: Resolution Authorizing the City of Fridley to Act as the Legal Sponsor for an Application to the Department of Trade and Economic Development on Behalf of Harker's Distribution Inc. for Minnesota Investment Funds ............................................. 22.01 - 22.02 �� ,� �, �,�' /^�� .� V � Variance Request, VAR #98-33, by Robert Granger, to Increase the Allowable Encroachment into the Rear Yard Setback from 10 Feet to 17 Feet to Allow the Construction of an Open Deck, Generally Located at 6310 Seventh Street (Ward 1) .......................................... 23.O�i - 23.12 � $� (� ��n'�� lJ" � Variance Request, VAR #98-34, by Spikers Grille and Beachclub, to Increase the Maximum Height of a Sign to 50 Feet, the Maximum Size to 200 Feet, and to Place a Free Standing Sign on an Entry Drive, Generally Located at 7651 Central Avenue N.E. (Ward 2) .................... 24.01 - 24.20 V ., �� Variance Request, VAR #98-37, by Bruce Bogie, Merchants Maintenance & Construction, to Increase the Maximum Lot Coverage of the Main Building and all Accessory Buildings from 30 Percent to 32 Percent; to Decrease the Drive Width from 25 Feet to 23 Feet; and to Decrease the Setback from the Alley from 15 Feet to 5 Feet 9 Inches, to Allow the Construction of an Eight-Unit Apartment Building, Generally Located at 5427 Fourth Street N.E. (Ward 3) ............... . ........... 25.01 - 25.16 ��,� � �-� �� , o� �+ C�V� � �' ��' � FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 NEW BUSINESS (CONTINUEDI: Resolution Authorizing the Execution and - Delivery of a Joint Powers Agreement �� Relating to the Anoka County. Joint Law Enforcement Central Records Project ............................................ 26.01 - 26.30 n� � Approve Proposed 1999 Agreement Between the City of Fridley and the ETC Fridley Communications Workshop, Incorporated (ETC Channel 33) .... 27.01 - 27.04 I ��-' �� 1999 Fridley City Council and Staff . Appointments ............................ 28.01 � � �� , '�� '" � � ..i � � �� L � ti � ti" � �,I � � � ��'� ��, ��`�',�� N� ��" �� i�` � �� . �� ;v � �� t� �� Informal Status Reports .................. 29. 1 f� ADJOURN. - �� . J .v 4 PAGE 4 � 1 r� THE MINUTES OF THE SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 14. 1998 The Special Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 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, Councilmember Barnette, Councilmember Billings, Councilmember Schneider, and Councilmember Bolkcom MEMBER ABSENTS: None PROCLAMATION: DENNIS L. SCHNEIDER APPRECIATION DAY: Mayor Jorgenson read a proclamation honoring Councilmember Schneider for 22 years of service on the Fridley City Council and declaring Tuesday, December 15, 1998 as Dennis L. Schneider Appreciation Day in the City of Fridley. Councilmember Schneider took this opportunity to thank the Mayor, Council members, staff and residents for the prociamation. He said it had been an honor to have been able to serve the residents of Fridley for the past 22 years. The years he spent in office have been both exciting and memorable, and it has truly been a rewarding experience. THANK YOU LETTER TO RONALD JULKOWSKI Mayor Jorgenson read a letter from a resident on Able Street, which commended Mr. Ron Julkowski, Building Official, for the time and effort he afforded her during reconstruction after this summer's storm damage. She noted that he was very helpful to her in a difficult time and wished to express her gratitude for all that he did. Mayor 7orgenson noted that Fridley has issued approximate(y 2,700 building permits in 1998. At the same time the previous year, they had issued only 67 permits. Accordingly, inspections increased from 2,500 to over 4,000 in 1998. She congratulated Mr. Julkowski and the staffin the Permit/Inspection Department for their fine work and thanked them for handling the increased workload so efficiently. FRIDLEY CITY COUNCIL MINUTES OF DECEMBER 14, 1998 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING = DECEMBER 7. 1998: MOTION by Councilmember Schneider to approve the minutes of the December 7, 1998 City Council meeting as presented in writing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 1. RESOLUTION NO. 103-1998 CERTIFYING A TAX LEVY FOR 1999 TO THE COUNTY OF ANOKA: Mr. Pribyl, Finance Director, noted that the public hearing for the 1999 Budget was held on Monday, December 7, 1998. Mr. Burns, City Manager, presented an extensive overview of the proposed budget at that hearing. This resolution would provide for the certification of the 1999 tax levy to Anoka County for collection. MOTION by Councilmember Barnette to approve the adoption of Resolution No. 103-1998 Certifying a Tax Levy for 1999 to the County of Anoka. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. RESOLUTION NO. 104-1998, ADOPTING A BUDGET FOR THE FISCAL YEAR 1999: MOTION by Councilmember Barnette to approve the adoption of Resolution No 104-1998, Adopting a Budget for the Fiscal Year 1999. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. CLAIMS: MOTION by Councilmember Schneider to approve the payment of Claim Nos. 84499 through 84670. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MINUTES OF DECEMBER 14 1998 PAGE 3 4. LICENSES: MOTION by Councilmember Schneider to approve the licenses as submitted. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. ESTIMATES: Motion by Councilmember Schneider to approve the estimates as follows: 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 September 1998 $15,317.25 The City of New Hope Attn: Mr. Larry Watts 4401 Xylon Avenue North New Hope, MN Assessment of Plaintiffs' Attorneys Fees And Damages in the Lawsuits Filed Against the Minnesota Police Recruitment System and its Members $13,750.38 Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CAR.RIED UNANIMOUSLY. INFORMAL STATUS REPORTS• Mayor Jorgenson reminded residents of the reception for Councilmember Schneider which will be held on Tuesday, December 15 from 5:30 p.m, until 7:30 p.m. at the Fridley Community Center. Everyone is welcome. ADJOURNMENT: MOTION by Councilmember Schneid�r to adjourn the meeting: � Seconded by -Councilmember.. . Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, M�Y� THE RSPECIAL DECLARED THE . MOTIOi 1 9 WA ADJOURNEDUAT 7:50 P.M. M�ETING OF DECEMBER , Respectfully submitted, Tamara D. Saeflce Nancy J. Jorgenson Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 2, 1998 CALL TO ORDER: Chairperson Savage called the December 2, 1998, Planning Commission meeting to order at 0:00 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig, Members Absent: Larry Kuechle Others Present: Scott Hickok, Planning Coordinator Paul Bolin, Plannirtg Assistant Mervin Herrmann, 278 Mercury Drive Dr. Paul Westby Peter & Myrtle Eisenzimmer, 6535 Oakley Drive APPROVAL OF SEPTEMBER 2 1998 PLANNING COMMISSION MINUTES: M TI by Mr. Saba, seconded by Mr. Kondrick, to approve the September 2, 1998, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. INTRODUCTION OF STAFF: Mr. Hickok introduced Mr. Paul Bolin, Planning Assistant, who joined the staff at the City of Fridley early in November. Mr. Bolin came from the Arrowhead Regional Planning Commission. 1. PUBLIC HEARING• CONSIDERATION OF SPECIAL USE PERMIT. SP #98-17. BY WENCK ASSOCIATES. INC.: Per Section 205.09.02.C.(7) of the Fridley Zoning Code, to allow a chiropractic clinic in an R-3 District on Lot 9, Auditors Subdivision No. 88, South 150 feet, front and rear, of Lot 9, subject to easement described in Document #25150 filed June 15, 1957, generally located at 6431 Highway 65. M TI N by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:34 P.M. Mr. Bolin stated the petitioner is requesting a special use permit to allow a chiropractic clinic in a high density residential area. Hospitals and clinics are permitted in this area as a special use. The site is located at 6431 Highway 65. 1.01 ' \ • •1 l � l/_= ► �� ' Mr. Bolin stated the zQning_cqde allows hospitals, clinics, nursing home�, convalescent -_ and homes for the elderly with a special use permit in the R-3 districts. This property is currently zoned R-3, General Multiple Units. Zoning to the north and east of the subject parcel is R-1, Single Family; to the south is R-2, Two Family; to the west is R-1, Single Family, as well as single family zoning across Highway 65. Mr. Bolin stated staff recommends approval of the special use-permit. Clinics are a permitted special use in the R-3 zoning district. The request seems to comply with the requirements for the special use permit. The proposed parking facilities are more than adequate for the demand that will be generated by patients and employees of the chiropractic clinic. In addition, Dr. Westby has met with City staff to ensure that parking will be adequate, there will be acceptable fire protection, there will be curbing around the parking lot, and the landscaping will be adequate. Dr. Westby has also agreed to a stipulation required by the Fire Department to extend the frontage road that exists along Highway 65 in order to provide adequate fire protection to his property. By extending the frontage road, the fire trucks will be able to access the property very easily. Mr. Bolin stated that in addition to the landscaping and parking areas, Dr. Westby has tried to minimize the number of existing trees that will be taken down, and the holding area for the storm water run-off has been incorporated into the landscape plan for the property. With easy access to Highway 65, the small amount of traffic generated by this use should not impact the surrounding neighbors. The property is proposed to be fenced and screened with landscaping so as to not affect neighborhood properties. The proposed use will not place an unreasonable demand on existing public utilities or services. To date, City staff has received no comments from surrounding property owners concerning this special use for the property. Mr. Bolin stated staff recommends approval of the special use permit with the following stipulations: 1. The property owner extend and pave the frontage road along the west side of the property while maintaining the width and style of the existing paved portion of the frontage road. 2. The property owner must install an asphalt driveway connecting the parking lot to the extended frontage road, in order to provide necessary room for adequate fire protection. 3. Parking lot must be lined with a concrete curb. 4. A total of 17 parking spaces, including one handicap space, shall be provided on-site. 5. Final drainage, landscaping, and irrigation plans shall be submitted with building permit application. 6. Petitioner shall execute a storm pond maintenance agreement, requiring petitioner to maintain the storm pond. 1.02 PLANNING COMMISSION MEETING� DECEMBER 2, 1998 PAGE 3 7. Peiitioner shall obtain a variance for driveway (extens�on of frontage road) allowing the setback from the right-of-way to be 0 feet rather than the required 20 feet. Ms. Savage asked if the variance request would be going to the Appeals Commission, and if Planning Commission approval was subject to approval of the variance. Mr. Bolin stated, yes, the variance would go to the Appeals Commission on December 23 and was subject to approval by that Commission. Mr. Kondrick asked Mr. Bolin to explain the last stipulation. Mr. Bolin stated the frontage road comes in from the south and turns out to Highway 65 right on the corner. The Fire Department has asked that Dr. Westby extend the frontage about 3/4 of the way across his property in order for fire trucks to get in and turn around. Currently, the right-of-way is the property line. Dr. Westby stated he has no problems with the stipulations, and he had nothing to add to the staff report. He has looked for property for a long time. He believes this property is an excellent piece of property for a clinic. He is looking forward to being there. Mr. Kondrick asked the petitioner when they would start business there. Dr. Westby stated that depends on the weather. Hopefully, they will be done by March or April. If the weather continues to be mild, perhaps sooner. M TI N by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:48 P.M. Mr. Kondrick stated the request looks reasonable. He thought it would be okay and the neighbors made no comments. TI by Mr. Kondrick, seconded by Mr. Saba, to recommend approval of Special Use Permit, SP # 98-17, by Wenck Associates, Inc., to allow a chiropractic clinic in an R-3 District on Lot 9, Auditors Subdivision No. 88, South 150 feet, front and rear, of Lot 9, subject to easement described in Document 25150 filed June 15, 1957, generally located at 6431 Highway 65, with the following stipulations: 1. The property owner extend and pave the frontage road along the west side of the property while maintaining the width and style of the existing paved portion of the frontage road. 2. The property owner mus# install an asphalt driveway connecting the parking lot to the extended frontage road, in order to provide necessary room for adequate fire protection. 3. Parking lot must be lined with a concrete curb. 1.03 � _�\\ 1 �1Lll �l 1l ___ ► � 1 ► •�' • • , 4. A total of 1J parking spaces, including one handicap space,_shaU be..provided _.. on-site. 5. Final drainage, landscaping, and irrigation plans shall be submitted with building permit application. 6. Petitioner shall execute a storm pond maintenance agreement, requir.ing � petitioner to maintain the storm pond. 7. Petitioner shall obtain a variance for driveway (extension of frantage road) allowing the setback from the right-of-way to be 0 feet rather fhan -the required 20 feet. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTIdN CARRIED UNANIMOUSLY. Mr. Bolin stated the City Council will consider this request on January 4, 1999. 2. PUBLIC HEARING• CONSIDERATION OF ZONING TEXT AMENDMENT ZTA #9$-03 BY THE CITY OF FRIDLEY: To amend the zoning code to allow daycare centers in churches, schools, or other places of worship having a lot area of at least 12,000 square feet, located on a local access street, in an R-1 zoning district, as a special use with specific performance standards, per Section 205.07.01.C.(4) of the zoning code. M TI N by Ms. Modig, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:45 P.M. Mr. Bolin stated the request for the zoning text amendment comes from City staff to allow day care centers in churches, schools, other places of worship, and other buildings having a lot area of at least 12,000 square feet, located on a local access street in an R-1 zoning district as a special use with specific perFormance standards per Section 205.07.03.C.(4) of the zoning code. In addition to the current performance standards identified in the code for day care centers, additional performance standards are recommended in order to have a day care center on a local access street. These standards include a minimum lot size of 12,000 square feet, adequate area for a playground, adequate safe vehicle access areas to drop off/pick up children, and compliance with County and State standards regulating day care centers. Mr. Bolin stated several churches have asked the City to investigate the possibility of amending the zoning ordinance to permit them to operate a day care center on a site when it abuts a local access street. Current regulations for day care centers in churches, schools and other buildings in residential zones require them to be located on arterial and collector streets as a special use but not on local access streets. Currently day care facilities are permitted as a home occupation in the R-1 through R-4 districts, as a special use in the R-1 through R-4 districts provided they are located in churches, schools or other buildings located on an arterial or collector street, but they are permitted as a special use in the C-1, Commercial district. They are a permitted 1.04 � � _ � 11 11--- �_\__11 \ � _ 11 ' - � - � � � � � use in the C-2 and C-3 districts. They are a special use in the CR-1 office district and a- special use in the M-1 and M-2 manufacturing districts. In addition to the churches contacting City staff to investigate the possibility of changing the zoning text, the Chamber of Commerce also brought this to the attention of City staff as well. Mr. Bolin stated that in September, the City conducted a survey regarding day care centers in churches. The surv�y was mailed to 254 households within 350 feet of all churches within the City of Fridley. A total of 96 surveys were returned or about 38%. Out of the surveys returned, 72% indicated they would support a zoning change to allow day care centers in churches located on a local access street; 12% indicated they have had difficulty finding day care in the City of Fridley; and nearly 38% indicated that if a day care center was allowed on local access streets, they would have some concerns about increased traffic, traffic speed, possible parking problems, and quality and professional care of the children. Mr. Bolin stated staff recommends approval of the proposed text amendment with a change in wording. Section 205.07.01.C.(4) would read, "Day Care Centers provided that they are to be located in churches, schools, places of worship, or other buildings." This leaves out the reference to whether it is an arterial, collector and/or local street. The amendment would add, (d) The minimum lot size is 12,000 square feet. Mr. Sielaff suggested they take out "churches" and just say "places of worship". Mr. Bolin stated the statement would then read, "Day Care Centers provided that they are to be located in places of worship, schools, or other buildings." Mr. Bolin stated that upon further review, staff would like to recommend that the Planning Commission amend the following sections in the R-2, R-3, and R-4 zoning districts for consistency. The R-2 Zoning District Section 205.08,01.C.(4), the R-3 Zoning District Section 205.09.01.C.(3), and the R-4 Zoning District Section 20510.01.C.(4) would be amended to read, "Day Care Centers provided that they are to be located in places or worship, schools, and other buildings." In each of the above, item (d) would be added to read, "The minimum lot size is 12,000 square feet." Mr. Kondrick asked what criteria is used to determine what is an adequate area? Mr. Bolin stated that as each place of worship, school and/or other building desires to open a day care center, they will have to come in and go through the special use process. There are minimum requirements already in place for day cares based on the size of the center as to what they need to have for playground equipment, play areas, etc. Staff will look at this on a case-by-case basis. Ms. Modig stated licensed day centers in homes are only allowed to have a certain number of children of certain ages, etc. Does this address home day care centers? How would staff know how many children these centers are going to have? Mr. Bolin stated this does not pertain to home day care centers. For those located in places of worship, schools or other buildings, staff would look at the State licensing guidelines which allow so many children per day care worker. There are also square footage requirements. 1.05 � \ l \ � ll ll � l ll . \ � _ 1l = ► _ � � � ' � . Ms. Modig stated she understood each case would be considered individually. The amount of playground area required is determined by how many children, their ages, etc. She thought this would vary. Some of the day cares centers will only take children of certain ages. Kids in a church day care center would likely be of different ages. 1s that addressed sqmewhere? She is concerned that the City is going to set limits abou# playground area, and then have to come back and get another special use permit to change it because they want #o have more children or children of different ages, etc. . Mr. Bolin stated that as far as that goes, they must go by the State guidelines. Mr. Sielaff asked if day cares needed to be licensed by the State. The amendment does not say anything about having a license. Ms. Savage stated the Commission did not have the full text so they do not know what is in the code already. Are these other requirements - adequate playground area, adequate safe vehicle access, etc. - already in the text they are amending? Mr. Bolin reviewed the complete text for the Planning Commission. "Day Care Centers provided they are to be located in churches, schools or other buildings located on an arterial or collector street. At least one off street parking space shall be provided for each 100 square feet of useful day care floor area. Reduction of parking spaces may be allowed when under provisional space required for parking stalls. Due to the particular age of the proposed use or other considerations this would be an unnecessary hardship, adequate open space shall be provided to satisfy the total number of required parking spaces. When the provisions for required parking spaces is inadequate, the City may require additional off street parking. Mr. Sielaff asked if these were the requirements of the State. Mr. Bolin stated these are the City requirements. The City only addresses the parking needs. Ms. Savage stated this does not specifically say that they are to comply with County and State standards recommended for day care centers. Is that somewhere else or does that not need to be in there? Mr. Hickok stated staff s intent is to echo the State licensing requirements. Anything over a home day care of a certain standard needs to be licensed by the State: Any day care facility for the number of students they have in a church or school must be licensed by the State. If they modify it, they would to have a modified license by the State and would need to come to the City to have the City sign off on that modification to their original license. There is a system of checks and balances between the State licensing for day care and what the city is suggesting here. If the Commission feels it is necessary to do so, they could support a stipulation that says they would abide by alt State and County licensing guidelines as welL Ms. Savage stated it seemed to her that they should have notice of that. Mr. Sielaff asked if they could just say that they need to be licensed. Mr. Oquist asked if the State requires playground facilities as part of the license. 1.06 PLANNING COMMISSION MEETING, DECEMBER 2� 1998 PAGE 7 Mr. Hickok stated, yes. They have requirements for play facilities based on the number of students, for certain muscle activities, and indoor and outdoor activities. The City would echo the State requirements. Mr. Sielaff stated the term, "other buildings", is pretty broad. Mr. Hickok stated that as staff did their analysis, there are some situations wher� we have buildings in an R-1 district that may be candidates for day care facilities that are, in some cases, existing nonconforming. On� example is on Highway 65 that is an office building that has adequate road access but by zoning is in the R-1 district. If a day care was interested in locating in that facility, they currently would not be allowed unless we added the words other buildings. There are rare opportunities for day cares in those type of situations. Staff s intent was n�t to exclude those but to provide that as • an opportunity also. Mr. Sielaff asked that in the State licensing, are there some restrictions as to what sort of buildings can have day care centers? Mr. Hickok stated the safety of the children are considered in every licensure of a facility. The State looks at the facility, the roads kids would be expected to cross to get to the playground, etc. The City recently had an experience with a modification of an industrial zoning to allow a day cares in some of the multi-tenant industrial buildings. The way some of the industrial complexes are set up, they could have a day care facility for the workers in the complex. Staff talked to the State about separating the uses in that building and the need for safety precautions. Ms. Savage asked if the concerns addressed by the people in the surveys had been addressed. Mr. Hickok stated staff had done some research on the traffic generation. Mr. Bolin stated staff did some checking through the Institute of Transportation Engineers. Every few years they come out with a book on trip generations by different uses. For day care centers, the a.m. peak hour traffic by employees was 7 trips per employee. In the afternoon peak hour, this drops to 6.5 trips per employee. Those are the best numbers staff can get as far as traffic generation. They seem to be fairly accurate. Mr. Herrmann stated his concern would be the church across the road. That has an access to the north side and another access that goes from the south to the slip on to University Avenue. He would guess that 9 cars out of 10 cars, except Sundays or church services, come from the north down through there to use that slip on drive. That would be dangerous. The church does have gates on the south side. If the gates were closed, he would have no objection to a day care center. Someone mentioned arterial roads. He asked what Mercury Drive would be considered. � Mr. Bolin stated Mercury Drive would be considered a local access street. Mr. Herrmann asked if this would require them to close the access to that street. 1.07 � � �11►1 �l _. l �_. _ lL= _ i �� ' • : Mr. Hickok stated the modification of the code would take off the requirement that they be on a collector or arterial street and say that day care centers could be in a neighborhood church. This would not by the way it is worded say that they would need to close off that gate. If the church were interested in having a cay care center, they would be required to go through the process and, at that time, staff would evaluate that par#icular building. If staff felt it necessary, if they agreed, and if the operation could function properly by doing that, that would be a suggestions and perhaps a stipulation �of that special use permit. Mr. Herrmann stated that with outdoor play areas, there are cars going between the church house and the church itself. There are not as many cars in the other areas. This means traffic on all four sides of the building. Mr. Kondrick stated they would look af all of these things separately and look at each case individually. Mr. Herrmann stated that when saying "other buildings", he could see some stipulation so the Planning Commission and City Council would have to pass on that. He did not think that was the idea of this. He thought it was "other buildings", that would fit. He has no objection to having it if they want it. The church put those gates in.when they had a minister with small children. He has now moved. - Mr. Sielaff asked if the recommendation is that they have a special use permit. Mr Hickok stated, yes, the modification is a provision to the existing language in the special use permit section of the code for the R-1, R-2, R-3 and R-4 districts. If an application was made for a special use permit, the neighborhood would be notified. Mr. Eisenzimmer stated they have a church, Michael Servetus, at the end of their street. When they extended the street, it was mentioned they would never have a day care center in that church. He felt that if they were going to have day care centers in churches, then the churches should pay taxes on those properties. He does not believe that they should be supporting day care centers in churches, and plow streets for them so they can have cars go in and out to deliver and pick up the children. The street he lives on is a dead end street. It would increase the traffic tremendously if they had a day care center at that church. He did not think they could stand the extra traffic. Right now, the church has caused an increase in traffic on Saturdays and Sundays. They said just Saturdays and Sundays to start out with, and now it is every day that they have something going on during the day and at night. He did not feel the City should let churches have day ca�'e centers at any point. Let this be provided by the people who are doing it now, instead of letting the churches do it who are non-profit organizations and who do not pay taxes. He can see other buildings that have a large enough area to build these centers but he cannot see it in the churches. The churches are making a profit and not paying taxes for it. The taxpayers have to hold up their end. He did not think it was fair. He asked how many churches had applied for these special use permits. Mr. Hickok stated, to date, the church who has expressed the most interest is the Valley View Christian Church north of I-694 along Matterhorn Drive. The Rainbow Day Care 1.08 1 �1Lll �\ \ � 11=_i �� currently exists in the Fridley United Methodist Church on Mississippi Street. They - joined in the discussion with the Chamber of Commerce and the Valley View Christian Church as they approached the City. The City has had discussion with those finro churches. Beyond that, staff did not hear back from any other churches expressiny an interest. Mr. Eisenzimmer stated he thought the church is just taking money away from people who want to make a living at it. The churches charge for the day care. If they are going do it for free, that is fine. If they are not going to provide this free, he cannot see where they should have a day care center. He feels that if they are going to make money with it, they should pay taxes on the buildings they are using f�r the day care center. The citizens pay for the maintenance of the streets. He thought they should look into this more carefully before rezoning things, or the city will have them wanting bigger buildings toa Ms. Savage stated there currently is a provision that churches can have day care centers as long as they are in residential areas and as long as it is on an arterial or collector street. Mr. Eisenzimmer stated it now must be on a street that is accessible by more than one way. This church is on a one-way street. The cars come down there pretty fast. If they are late for work, they drive down there pretty fast and they don't care who lives in the area. They are having problems with traffic just from the church activities now and he does not want additional traffic. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:19 P.M. Mr. Kondrick stated he had no problem with the request. He would tie this in with the State regulations to make sure they are on the right track. Mr. Oquist stated it is still a special use in the ordinance which means each church has to be evaluated on its merits so there will be the opportunity to discuss it. Mr. Saba stated any safety requirements should also be enforced. Ms. Modig stated she had no problem with the amendment since each request will be reviewed on an individual basis. Mr. Sielaff stated he wanted to review the modifications. These include that the day care centers have to be State licensed day care centers; the centers can be located in places of worship, schools or other buildings; and the minimum size is 12,000 square feet. Ms. Savage stated she would like to include that the day care centers must comply with County and State standards. Mr. Sielaff stated he thought they just have to see they have to be licensed. They must comply with the County and State standards in order to receive a license. 1.09 � _�l 1 � lJ � \ 1/ . 1 � �= i __ � � � • � 1 M T N by Mr. Sielaff, seconded by Ms. Modig, to recommend approvai of Zoning Text Amendment, ZTA #98-03, by the City of Fridley to amend the zoning code to allow day care centers in places of worship, schools, or other buildings; having a lot area of at least 12,000 square feet; and licensed; in the R-1, R-2, R-3, and R-4 zoning districts as a special use with specific perFormance standards. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated the City Council would consider this request on January 4, 1999. ....� ... __ �•- •- . � _ � • • u �� ► MOTION by Mr.Kondrick, seconded by Mr. Oquist, to approve the 1999 calendar for the Planning Commission meetings as follows: January 6 January 20 February 3 February 17 March 3 March 17 April 7 April 21 May 5 May 19 June 2 June 16 July 7 July 21 August 4 August 18 September 1 September 15 October 6 October 20 November 3 November 17 December 1 December 15 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE AUGUST 26 1998 APPEALS COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the August 26, 1998, Appeals Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE SEPTEMBER 9. 1998. APPEALS �OMMISSION MEETING: MOTION by Ms. Modig, seconded by Mr. Oquist, to receive the minutes of the September 9, 1998, Appeals Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � 1.10 _�1 �1 ll �l 1 V � It_= _ i ": 6. RECEIVE THE MINUTES OF THE SEPTEMBER 23 1998 APPEA S COMMISSION ME TING: TI N by Mr. Saba, seconded by Mr. Kondrick, to receive the minutes of the September 23, 1998, Appeals Commission meeting. UPON A VOICE VO�E, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ' _ u � _ ••: -�- • - - � • i . • • ► ►� ► - TI by Mr. Kondrick, seconded by Mr. Saba, to receive the minutes of the August 3, 1998, Parks & Recreation Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � ' • - - - . . � , � . ..� ., .� . — � - � � �! :: :: ._�. �lt�:• � iitiaii.� M TI N by Mr. Kondrick, seconded by Ms. Modig, to receive the minutes of the September 14, 1998, Parks & Recreation Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. . . • - ►�: : •• ,,•, �:��Y�1� ' • � � -- - - - --- - - -��.�� u � MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the minutes of the September 11, 1998, Human Resources Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � ' _ • • •: - _ ..; �.� . � . • •� � MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive the minutes of the October 1, 1998, Human Resources Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. . ��. i • ■ ►• ►�� ' •• `�'L ��Y�I��i� _ � � , --- ------ - , MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the minutes of the November 12, 1998, Human Resources Commission meeting. 1.11 - - ��: '' �_�11 �llll �\ lL \ � -��• ► � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 12, gFrF�yE THE MINt �TFS OF THE S�pTFMRFR 1998 HO� REDEVELOPMENT AUTHORITY MEETI M TI by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the September 3, 1998, Housing & Redevelopment Authority meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. REGEI�/E THE MINUTES OF Tuc nr�Tnr��Q � 199�_ I-IOUSING & REDEVE� OPMENT AUTHORITY ME TE_ I_. M TI by Mr. Saba, seconded by Mr. Sielaff, to receive the minutes of the October 1, 1998, Housing & Redevelopment Authority meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. RECEIVE THE MINUTES OF THE SEPTEMBER 15 1998 ENVIRONMENT� QUALITY & ENERGY M I M IN . M TI by Mr. Sielaff, seconded by Ms. Modig, to receive the minutes of the September 15, 1998, Environmental Quality & Energy Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. RECEIVE THE MINUTES OF THE OCT�BER 20 1998 ENVIRONMENTA� QUALITY & ENERGY r..,��„� , -- MOTION by Mr. Sielaff, seconded by Mr. Kondrick, to receive the minutes of the October 20, 1998, Environmental Quality & Energy Commission meeting. UPON A VOICE VOTE, ALL VO�OUSLy ' CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNAN OTHER BU�I_N�� Mr.Hickok provided an update on current planning issues. •� � - . . TI by Mr. Sielaff, seconded by Mr. Kondrick, to adjourn the meeting. 1.12 �,-�\l \ �l/ll �\ ll l � _Il� � ": UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED .. THE MOTION CARRIED AND THE DECEMBER 2, 1998, PLANNING COMMISSION MEETING ADJOURNED AT 8:42 P.M. Resoectfully submitted, G�v�-,�„J Lavonn Cooper Recording Secretary � ` 1.13 ;�; .b: MEMOR.ANDUM PLANNING DIVISION Date: 12/24/98 � To: William Bums, City Manager�� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Planning Commission action on SP #98-17 INTRODUCTION . M-98-250 The City of Fridley has been asked, by Dr. Paul Westby & Wenck Associates, to grant a speciaf use permit allowing a chiropractic clinic in an R-3 zoning district. PLANNING COMMISSION ACTION At the December 2, 1998 Planning Commission meeting, a public hearing was held for SP #98-17. The following is the motion and vote of the Planning Commission: M TI N by Mr. Kondrick, seconded by Mr. Saba, to recommend approval of Special Use Permit, SP#98-17, by Wenck Associates, Inc., to allow a chiropractic clinic in an R-3 District on Lot 9, Auditors Subdivision No. 88, South 150 feet, front and rear, of Lot 9, subject to easement described in Document 25150 filed June 15, 1957, generally located at 6431 Highway 65, with the following stipulations: 1. The property owner extend and pave the frontage road along the west side of the property while maintaining the width and style of the existing paved portion of the frontage road. 2. The property owner must install an asphalt driveway connecting the parking lot to the extended frontage road, in order to provide necessary room for adequate fire protection. 3. Parking lot must be lined with a concrete curb. 12/22/98 2.01 =i Memorandum 4. A total of 17 parking spaces, including one handicap space, be provided on-site. 5. Final drainage, landscaping, and irrigation plans shall be submitted with building permit application. 6. Petitioner shall execute � storm pond maintenance agreement, requiring petitioner to maintain the storm pond. 7. Petitioner shall obtain a-variance for drive��ay (extension of frontage road) allowing the setback from the ROW to be 0' rather than the required 20' UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � ; �uu_ �-I• City Staff recommends that the City Council concur with the recommendation of the Planning Commission and grant the proposed Special Use Permit, SP #98-17, as presented. Attachments ��8 2.02 . City of Fridley Land Use Application SP-98-17 December 9, 1998 GENERAI. INFORMATION Applicant: Paul Westby 999 50`� Ave NE, #101 Columbia Heights, MN 55421 Requested Action: Special Use Permit Purpose: To construct a chiropractic clinic. Existing Zoning: Residential - 3 Location: 6431 HWY 65 Size: 32,670 square feet .75acres Existing Land Use: Vacant Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Multi-Family & R-2 W: Hwy 65, Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.09.O1.C.(7) requires a special use pernut for clinics in the R-3 zoning district. Zoning History: Land has been vacant, zoned R-3 Legal Description of Property: Lot 9, Auditors Subdivision No. 88. South 150 ft., front and reaz of Lot 9, subject to easement described in document #2150 filed June 15, 1957. SPECIAL INFORMATION Adequate water and sewer are available near the site. Transportation: HWY 65 and the frontage road provide vehicle access to the site. The frontage road may provide pedestrian access to the site. Physical Chazacteristics: Lot is undeveloped, in a natural state, covered with grasses, poplar and oak trees. Lot has a minor slope towards the SE corner. SLJMMARY OF PROJECT Dr. Paul Westby is requesting a special use permit to allow the construction of a chiropractic clinic in an area zoned for high density residential use. The clinic will employ a total of 4 chiropractors. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit. Clinics are a pernutted special use in R-3 zoning districts and the chiropractic clinic proposed by Dr. Paul Westby complies with the requirements for the special use permit, subject to the stipularions suggested on page 2. Staff Report Prepared by: Paul Bolin 2.03 �__ �_ � City Staff recommends approval of this special use permit. Clinics are a permitted special use in R-3 zoning districts and the chiropractic clinic proposed by Dr. Paul Westby complies with the requirements for the special use permit. The proposed parking facilities are more than adequate to meet the demand generated by parients and employees of the chiropractic clinic. In addition, Dr. Westby met with City staff to ensure that adequate parking, access for fire protection, curbing, and landscaping were consistent with City requirements. A stipulation requiring the extension of the frontage road was required, by the fire department, in order to provide adequate fire protection by allowing the fire trucks to circulate through the property. In addition to landscaping the parking areas, the applicant is developing the site in a way that a minimum number of existing trees will need to be removed. The holding area for stormwater runoff has been incorporated into the landscape plan. With easy access to HWY 65, the small amount of traffic generated by this use should not impact surrounding neighbors. The property will also be fenced and screened with landscaping so as to not affect neighboring properties. The proposed use will not place an unreasonable demand on existing public utilities and services. The City's water and sewer system can easily accommodate the slight increase in demand generated by the chiropractic clinic. To date, City staff has received no comments from the surrounding neighbors concerning the special use permit for this property. . ti�ulations Staff recommends the Planning Commission approve the special use permit subject to the following stipulations: 1. The property owner extend and pave the frontage road along the west side of the property while maintaining the width and style of the existing paved portion of the frontage road. 2. The property owner must install an asphalt driveway connecting the parking lot to the extended frontage road, in order to provide necessary room for adequate fire protection. 3. Parking lot must be lined with a concrete curb. 4. A total of 17 parking spaces, including one handicap space, be provided on-site. 5. Final drainage, landscaping, and irrigation plans shall be submitted with building permit application. 6. Petitioner shall execute a storm pond maintenance agreement, requiring petitioner to maintain the storm pond. 7. Petitioner shall obtain a variance for driveway (extension of frontage road) allowing the setback from the ROW to be 0' rather than the required 20' 2.04 � s r� K � �' —Z—��z � '�! � ti-- —"-- • —'. _.. _.. _.. � ".� I t� a I F ' ^ � a i � •. �� V UZ j o�� a � a� a� m � I wu �Q � a m�i+f� � ;� ^o � � m w— r. I <� ' so rL.._'.�'"�"�'"�' � 7J I ,. ' .. Nl� 1 � I �� O � m a � WK a°O O Z ¢ O au � O OW ¢ > m 5 OW Q • � �W O N m H �Z O a ? O Q � ►¢-� > o v �n V1<N O �y N M'WW M %� ^ � J�� m 2F-N t► f-y�{,� WWW . > OtWI11L = RW� -J 2 t . �W-. N I �" l o t� a �m � : � I Z2 I J` wi o 0 •• a\ U � � U .I. 1 W �. � O � • W�. W� U Y < N� . •N� OZ •••�•,'� �O � .. � Z •• '•��+ = m � a W �- � ` t0 I N� N�W� 00 1L \ O d Om W•'• O � j . 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I-7�1 � Ix O e�. a •a �� mr- Q » �� mo �i N =�.05W �O.J. m. � 'm •• .. � � I' ' ` i ......... a .... p _ k m00• I . � ....y ,,.. 0 X 01 I� m¢ �a N < zoz Q < F- O < J 3� GO O� NW ¢ C <�+ �O 3 00 �u m a � � o � � � Z � � t �i i ,n �/ 1 � ¢ � �a m � � �� Q � W �' Q � a�o . � � � � � a= I : � �— i N � Z O U O J W < O O a �- O ¢ s a- o°o OW I v= �: o< � o- W � `I R m �a i I � o � a i a c � o j u • — U y v a a o i � a � v � o � o i � � U o < > r a O W m ` �W ~ C N a `' 3 °o 00 ` aa � a in . c a u i y � \ �_ J __ � '1 Q _!� �e i �r'. s•3� � i F^�._. \ _[ rs �� r -e�: i crnr oF FRi��r 6431 UNIVERSITY AVENUE FRIDLEY MN 55432 , (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FOR: Residential Second Other� PROPER ITY NFORMATION: - site plan required for submittal, see attached Address: No current address ( 6400 block of Hiah�v fi51 Property Identification Number: 1 3 3 0 2 4 31 0 0 0 6 and 0 0 0 8 Legal Description: Lot 9 Block Tract/AdditionAuditors Subd� v? si_on N South 150 feet, front and rear, of Lot 9, sublect to easement described in Documetn #25150 filed ,7une 15 1957 Current Zoning: R3 Square footage/acreage: o �5 ac _ Reason for Special Use: xealth Care facilitv in Hiqh Denisitv Residenti Have you operated a usiness in a city which required a business license? Yes No � If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No � ��_��__��......��.�.��.�..,��,...��.�.��......�� FEE OWNER INFORMATION (as it appears on the property title) (Contract.P�rchasers: Fee owners must sign this fo: m prior to processing) NAME: Iri�u.t- w ADDRESS: �� '� �C-''�� ° f CoG�'w`:3"A`- c DAYTIME PHONE: 51 �� f 3�'S SIGNATURE/DATE: � Y►� /a •3�"� Nti�V1V�V �V�V�V�V�VA/�YA/�V�Y^/�V M�V N^/�Y�VA/�V A/�V�V�V/�/�VA/�VMN�/NA/�VNA/�N��VM1Mti/�NN�I�V�V�VAr�VN�V�YN�^I PETITIONER INFORMATION NAME: Wenck Associates Inc. ADDRESS:1800 Pioneer Creek Center Ma le Plain DAYTIME Pu��: a�a_a?ng SIGNATURE/DATE: ^�.�'�•T� /0�3o/?Y �VNM�V N�V�V �V A/�VNAIA/AIMNA/�VM�V N�VN�VMIV�VN�V�V/V N/V�V�V �V1V �V iVN�V M,V�ViVN�V/VAr/r�V tiN'V�V M1V�V ^//VNN/b�INIV�V Section of City Code: �05 ' o q oi , G. C7� - FEES Fee: $100.00 _ Residential Second Accessory $400.00 = Others Application Number: �S'�- q8'�%Receipt #: ��tl � Received �y: � Scheduled Planning Commission Date: Scheduled City Council Date: 9 10 Day Application Complete Notific ion Date: N 60 Day Date: ��' � � �^ � � � � - � � � 2.06 � � � MEMORANDUM PLANNING DIVISION Date: 12/24/98 � To: William Bums, City Manager �!� From: Barbara C3acy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Appeals Commission action on Variance #98-38 M-98-251 INTRODUCTION The City of Fridley has been asked, by Dr. Paul Westby & Wenck Associates, to grant a variance reducing the hard surFace setback from the right of way from 20' to 0'. The variance would allow a driveway to be extended for fire protection. APPEALS COMMISSION ACTION At the December 23, 1998 Appeals Commission meeting, a public hearing was held for VAR #98-38. The following is the motion and vote of the Appeals Commission: T N by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance Request, VAR #98-38, by Paul Westby, to decrease the required setback from the right-of-way to the driveway from 20 feet to 0 feet to extend the driveway for adequate fire protection for a proposed chiropractic clinic on Lot 9, Auditor's Subdivision No. 88, generally located at 6431 Highway 65. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. : : • _��_ • City Staff recommends that the City Council concur with the recommendation of the Appeals Commission and grant Variance 98-38 as presented. Attachments 1?J22/98 3.01 City of Fridley Land Use Application VAR-98-38 - De�ember 23, 1998 GENERAL INFORMATION SPECIAL INFORMATIUN Applicant: Paul Westby 999 50`� Ave NE, #101 Columbia Heights, MN 55421 Requested Action: Variance Purpose: Construct a driveway to provide adequate fire protection. Existing Zoning: Residential - 3 • Location: 6431 HWY 65 Size: 32,670 square feet .75acres Existing Land Use: � Vacant Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Multi-Family & R-2 W: Hwy 65, Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.09.OS.D.(5)(a) requires all hard surface areas be no closer than 20' to any street Right of Way. Zoning History: � Land has been vacant, zoned R-3 Legal Description of Property: Lot 9, Auditors Subdivision No. 88. Public Utilities: Adequate water and sewer aze available near the site. 3.02 Council 1/4/99 Transportation: ' HWY 65 and the frontage roa�l provide vehicle access to the site. Physical Characteristics: Lot is undeveloped, in a natural state, covered with grasses, poplar and oak trees. Lot has a minor slope towards the SE comer. SUMIVIARY OF PROJECT Dr. Paul Westby is requesting a variance to reduce the setback of a hard surface area from the ROW, from 20' to 0', in order to construct a driveway for adequate fire protection. This driveway was requested by the Fire Department. SUMMARY OF HARDSHIP "Special use permit for Clinic has been approved by Planning Commission contingent upon obtaining variance for ROW setback, if variance is denied clinic will not be able to open". -Paul Westby SUMMARY OF ANALYSIS City Stafj`'recommends approval of this variance. The proposed driveway comes as a request from City Staff, in order to provide adequate fire protection. Similar variances have been granted in the past, including: VAR #86-14: Reduced ROW setback to 0'. VAR #86-24: Reduced ROW setback to 0'. VAR #95-09: Reduced ROW setback to 0'. VAR #97-03: Reduced ROW setback to 3'. VAR #98-03: Reduced ROW setback to 10'. Staff Report Prepared by: Paul Bolin . - .. . �� . G. HARDSFitP ST47'�MENT "`Special use permit for Clinic has been approved by the Planning Commission contingent upon obtaining variance for ROW setback, if varia�ce is denied clinic will not be able to open. After looking for property in Fridley for 3 years, and discussing potential sites with City Planning staff, this is the first property I have found that met my n�eds and fit with the directi�n of �he C�ty. I have a strong desire to operate my clinic in Fridley". -Dr. Paul Westby ANALYSIS Section 205.09.05.D.(5)(a) requires all hard surface areas be no closer than 20' to any street Right of Way. Dr._Paul Vllestby is requesting a variance to reduce the setback of a hard surface area from the ROW, from 20' to 0', in order to construct a driveway for adequate fire protection. This driveway was requested by the Fire Department. Clinics are a permitted special use in R-3 zoning districts and the chiropractic clinic proposed by Dr. Paul Westby complies with the requirements for the special use permit. The petitioners special use permit was approved by the planning commission, contingent upon the approval of this variance request. Throughout the special use and variance process, Dr. Westby met with City staff to ensure that adequate parking, access for fire protection, curbing, and landscaping were consistent with City requirements. RECOMMENDATIONS City Staff recommends approval of the variance request. The proposed driveway comes as a request from City Staff, in order to provide adequate fire protection. Similar variances have been granted in the past, including: VAR #86-14: Reduced ROW setback to 0'. VAR #86-24: Reduced ROW setback to 0'. VAR #95-09: Reduced ROW setback to 0'. VAR #97-03: Reduced ROW setback to 3'. 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N�Z K O W < �04 'o �a �< ?O WO ;� � ¢o O-� F-F- N c) KK WG r3 � O�O � 1� � a m a m ¢ � a Q Q W m 0 O : H Q W � O U O J �tl < 00 a~ C ? a .- w 3S C� OW O < � W > O O O¢ a� m W ^ rn d � i p� Z V' V �; W a1 ��, � f �� _ L�� ; � 0 i a �. T C j 'a v � .. U q . � a Q o i � a J � j o � C O C �' V O ! `> >- a m W ,.�� O w N C w � � �a 3 0 � aN - C� C v a :: f%f , , � ,- s� �� 0 ,s2s �� y� i �� _.. w 3 � �� C a APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 7 building on Lots 22-25, Block 11, at 5427 4th Street.. UPON A VOICE VOTE, WITH MS. VOTING AYE, AND DR. VOS VOl THE MOTION CARRIED BY MAJf iiton's Addition to Mechanicsviile, generaliy located ►ULIEU, MS. MAU, AND MR. KUECHLE NAY, CHAIRPERSON KUECHLE DECLARED Y VOTE. MOTION by Ms. Beaulieu, seconded by s. Mau, to recommend approval of a variance to reduce the side yard setback from 15 f et to 13 feet to allow the construction of an 8- unit apartment building on Lots 22-25, Blo k 11, Hamilton's Addition to Mechanicsville, - generally located at 5427 4th Street. . UPON A VOICE VOTE, WITH MS. BEAULI AYE, AND DR. VOS VOTING NAY, CHAIR MOTION CARRIED BY MAJORITY VOTE. , MS. MAU AND MR. KUECHLE VOTING RSON KUECHLE DECLARED THE Dr. Vos stated he would explain why he is voti against the motion. This is moving a building that is 63 feet long two feet closer to a ingle family dwelling. He thought it was because someone cannot drive out of a drivewa accurately. He would rather see a car get a ding than have a resident look at this buildi g for the rest of his/her life. MOTION by Ms. Mau, seconded by Dr. Vos, to re ommend approval of Variance Request, VAR #98-37, by Merchants Maintenance Construction, to decrease the setback from the alley from 15 feet to 5 feet 9 inche , to allow the construction of an 8- unit apartment building on Lots 22-25, Block 11, Ha ilton's Addition to Mechanicsville, generally located at 5427 4th Street. UPON A VOICE VOTE, ALL VOTING AYE, CHAI THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated the City Council would consider this KUECHLE DECLARED on January 4, 1999. 3. PUBLIC HEARING• CONSIDERATION OF VARIANCE REQUEST VAR #98-38. BY PAUL WESTBY: Per Section 205.09.Q5.D.(5).(a) of the Fridley Zoning Code, to decrease the required setback from the right-of-way to the driveway from 20 feet to 0 feet to extend the driveway for adequate fire protection for a proposed chiropractic clinic on Lot 9, Audito►'s Subdivision No. 88, generally located at 6431 Highway 65. M I by Ms. Mau, 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 DECLARED THE MOTION CARRIED AND THE PUBUC HEARING OPEN AT 8:05 P.M. Mr. Bolin stated Dr. Westby is requesting a variance to reduce the required setback of a hard surFace area next to the right-of-way from 20 feet to 0 feet in order to construct a driveway for adequate fire protection at his proposed clinic. The clinic will be located at 6431 Highway 65. The code requires all hard surface areas to be set back 20 feet from any street right-of-way. E��C�Z� APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 8 Mr. Bolin stated the property is located to the east of Highway 65 north of West Moore �ake Drive and south of Mississippi Street. The praperty is zoned R-3, General Muftiple Dwelling. To the north, east and west is R-1, Single Family, zoning. To the south is R-2, Two Family Dwelling, but it is actually a multi-family dwelling. Mr. Bolin stated the land has been vacant and zoned R-3. The variance is being requested as a result of coming through the special use permit process. One of the - stipulations of the special use permit was that the frontage road be extended for the fir� department so they can get fire trucks in and out of this pr�perty. Mr. Bolin showed a picture of the site. The extended driveway or frontage road is on the west side of the property. /�, gravel drive currently exists that extends off Highway 65 to the north. The �ire department has requested that the portion of this drive adjacent to the property be paved so that fire trucks can get in to circulate. The fire regulations state that fire equipment cannot park on anything that is not paved. This request comes directly from the fire department. Mr. Bolin stated the hardship statement indicates that the special use permit for the clinic has been approved by the Planning Commission contingent upon obtaining a variance for the right-of-way setback. If the variance is denied, the clinic will not be able to open. After looking for property in Fridley for three years and discussing potential sites with City planning staff, this is the first property the petitioner has found that met his needs and fits with the direction of the City. Dr. Westby has a strong desire to operate his clinic in Fridley. Mr. Bolin stated similar requests have been granted in the past. Staff recommends approval of the request. The proposed driveway comes as a request from City staff so that adequate fire protection can be given to the property. Dr. Vos asked what the variance request was actually for. Mr. Bolin stated the request is to reduce the setback from the right-of-way. Since the extending drive is now gravel, it can be directly on the right-of-way. Once it is paved, the variance is needed. Dr. Vos stated that basically the variance is required so the petitioner can build a driveway for the fire trucks. Mr. Bolin stated that was correct. The entrance to the clinic will be on the southem portion of the property and to the south of this existing roadway. The main reason for the request is for the fire department. Dr. Vos stated he thought that gravel road actually leads somewhere. Mr. Bolin stated the gravel roadway actually goes across the petitioner's property and to a home to the north. This is the access for that home to the north. Dr. Westby stated he had no additional comments. The special use permit has already been approved contingent upon this approval. He would prefer not to put this in, but the fire department says it is needed. 3.07 APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 9 Dr. Vos stated the petitioner really does not need that hard surface to get entrance into the parking lot. � Dr. Westby stated this is correct. Dr. Vos stated this is the access for the neighbor to the north. Is that of any concem? Dr. Westby stated this was not a coneem. What is going to happen is that person will be getting a paved driveway. Dr. Vos asked how long the driveway is. Mr. Hickok stated the area to be paved is approximately 87.5 feet in length. The public right-of-way ends just to the west of that roadway. He is assuming what has happened in the past when the Highway 65 improvPments were made, access was cut off to,that . roadway. The property to the north has taken access to the nearest secondary public right-of-way which is that frontage road. From what they can determine, this has been the case for approximately 20 years. Dr. Vos stated, knowing what they are trying to do on Highway 65, he would say that within the next couple of years they will not be very happy to have that access very close to that stop light. You can get out of that part of the City by going down the frontage road to the West Moore Lake intersection. It seems like the Department of Transportation would like to cut off any access directly onto Highway 65. So, this is really an odd drive that is still on there. Mr. Hickok stated this is correct. Ms. Melzow stated her father owns the property to the north at the comer of Highway 65 and Mississippi Street. He has owned the property for 48 years and does not want a driveway running alongside his property. There is a dirt driveway that leads to the property just south of his property. He does not wish to have a road there. Dr. Westby stated this paving would not affect that property at all. The paving would be only in front of what is now a vacant lot. Dr. Vos stated Mr. Melzow's access is off Mississippi Street. The home behind his will have a paved access. Is the house to the south occupied and if they were concemed about this? Ms. Melzow stated yes, the house is occupied and they apparently are not concemed about this request. The area in question has been open forever. Ms. Mau asked what would happen if the petitioner decided he did not want the homeowner to have access to this roadway that is to be paved. Mr. Hickok stated there is probably more to be known about the history of.that access. At the time, the state took direct access off of Highway 65 for that property, there may have been some provisions made for this access. They are not seeing these documents at the City. He did not know for certain if there was something recorded at the County. If he 3.08 APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 10 owned the property to the north, he would certainly want to be assured that he would continue to have access. Dr. Vos asked if this driveway comes under the requirement for hard surface within two years. Mr. Hickok stated, yes. The deadline is the year 2002. At that time, the remainder would need to be finished. . M T N by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:17 P.M. Dr. Vos stated this seems to be a reasonable request since it came from the City. It is a strange request to have a hard surFace so that you can have a fire truck in front of your place that you wish wasn't there. To fulfill that requirement, he would like to see something on that lot and this seems an adequate thing. He would vote for approval. Ms. Mau stated the City is forcing this action as opposed to the petitioner requesting the variance. She has no problem with the request. M�TION_ by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance Request, VAR #98-38, by Paul Westby, to decrease the required setback from the right- of-way to the driveway from 20 feet to 0 feet to extend the driveway for adequate fire protection for a proposed chiropracfic clinic on Lot 9, Auditor's Subdivision No. 88, generally located at 6431 Highway 65. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle stated this request would go before the City Council on January 4. 4. UPDAT� �N p�qNNING COMMI�SinN nrv C��/ COL�NC`II a�TinN�• Mr. Hickok stated he had no updates from the Planning Commission or City Council at this time. �� • � i� MOTION by Dr. Vos, seconded by Ms. Beaulieu, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAtRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE DECEMBER 23, 1998, APPEALS COMMISSION MEETING ADJOURNED AT 8:19 P.M. Respectfully submitted, Lavonn Cooper, Recording Secretary 3.09 �,:;. MEMORANDUM DEVELOPMEl�T DIRECTOR Date: December 24, 1998 To: William Burns, City Manager � 1' � From: Barbara Dacy, Community Developmen4 Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator Subject: Soliciting Proposals for Yard Waste Transfer Services Background: For the last two years, the City has extended an existing agreement with Morrell and Morrell Inc. to transport yard waste collected at the City's Yard Waste Transfer Site inside the Recycling Center yard. We continue to be happy with the service Morrell and Morrell provides, however, staff is unsure if we are receiving competitive rates since we have not solicited proposals for a few years. Recommendation: Staff recommends that the City Council authorize staff to solicit proposals for yard waste transfer senrices according to the terms in the attached existing agreement. M-98-260 4.01 AGREEMENT FOR YARD WASTE TRANSFER SERVICES This Agreement is made on the day of April, 1998 between the City of Fridley, Minnesota, ("City") and Morrell & Morrell, Inc. ("Contractbr"). WHEREAS, Contractor is in the business of aggregate hauling; WHEREAS, City desires Contractor to transfer yard waste from the City's municipal yard waste transfer site ir� accordance with the terms of this Agreement. NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: 1. Contractor's Services. The Contractor agrees to provide services which include the transfer of yard waste and finished compost as outlined in number 4 of this contract. 2. Compensation to Contractor. City agrees to pay Contractor for services. 3. Method of Payment. Contractor shall submit itemized bills in accordance with Exhibit A to City on a monthly basis. Bills so submitted shall be paid within thirty (30) days of receipt by City of a bi1L 4. Transfer of Yard Waste and Finished Compost. Contractor shall transfer yard waste in 75 cubic yard loads from the City of Fridley's Yard Waste Transfer Site at 350 - 71S` Avenue N.E. to the Anoka County Bunker Hill Regional Park yard waste compost site at Bunker Lake Boulevazd and Hanson Boulevard. Once contacted by the City, Contractor shall transport yard waste materials within 48 hours, weather permitting. Should Anoka County discontinue operation of this compost site or discontinue accepting material from the City of Fridley, it will be grounds to immediately re-negotiate this agreement. 5. Audit Disclosure. Contractor shall allow City and its duly authorized agents reasonable access to Contractor's books and records applicable to all services provided under this Agreement. Any reports, information, financial material, or data which City at any time requests be kept confidential shall not be made available to any person or party without City's prior written approval. Any reports, information, financial material, or data which Contractor at any time requests be kept confidential shall not be made available to any person or party without Contractor's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, or reports prepared by Contractor shall become the property of City upon termination of this Agreement. To the extent that any of the foregoing involves the business of Contractor outside the City, Contractor shall have the right to use such property in its business outside of the City. 6. Terms. The term of this Agreement shall be April 1,1998 to November 30,1998, the date of signature by the parties notwithstanding. The parties may, by mutual agreement, cause this Agreement to be extended after the foregoing expiration date, subject to the right of 4.02 AGREEMENT FOR YARD WASTE TRANSFER SERVICES PAGE 2 either party to terminate for cause by thirty (30) days written notice as provided in the following paragraph. 7. Termination. This Agreement may be terminated by either party upon thirty (30) days written notice to the other party for cause upon the other party's breach of its duties under this Agreement. In the event termination is by City pursuant to this thirty (30) day provision, Contractor shall be paid until the effective date of termination. 8. Subcontractor. Contractor shail not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of City. 9. Independent Contractor. At all times and for all purposes hereunder, Contractor is an independent contractor and not an employee of City. No statement herein shall be construed so as to find Contractor an employee of City. 10. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Excluded Services. City shall have no obligation to pay for any services furnished or performed by Contractor not specifically provided for or contemplated herein. 12. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a Court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. 13. Compliance with Laws and Regulations. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of this Agreement. 14. Equal Opportunity. During the performance of this Agreement, Contractor, in Compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor Regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor shall take affirmative action to insure that applicants for employment aze employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or trans#'er: recruitment or recruitment advertising; layoff or termination, rate of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall post in places available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this nondiscrimination clause. Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for work performed under this contract, and will require all subcontractors for 4.03 AGREEMENT FOR YARD WASTE TRANSFER SERVICES PAGE 3 such work to incorporate this clause in all of their subcontractors for work performed under this contract. 15. Prevailing Wages. Contractor agrees that its employees and its subcontractor's employees who fall within any job classification established and published by the Minnesota Department of Labor and Industry shall be paid, at a minunuxn, the prevailing wage rates as certified by said Department. The contractor shall post in one conspicuous place for the information of its employees the wage rate and hourly basic rates for the job classifications, related to the performance of tr,is contract. The information posted shall include a breakdown of contributions of health, vacation, pension, and any other economic benefit required to be paid. 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 17. Indemnification. Contractor shall indemnify and hold harmless City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees, which they may suffer or for which they may be held liable, as a result of negligence or fraud of Contractor, his employees, or subcontractors in the performance of this Agreement. 18. Insurance. Contractor shall provide a certificate of insurance as proof of liability coverage for bodily injury or death in the amount of $600,000 for any one person and in the sum of $1,000,000 for two or more persons for the same occurrence and for damages to property in the sum of $100,000. The certificate of insurance shall name City as an additional insured and state that Contractor's coverage shall be the primary coverage in the event of a loss. Further, the certificate shall provide for thirty (30) days written notice to City before cancellation, expiration, or change of coverage. 19. Worker's Compensation Insurance. Contractor shall provide worker's compensation insurance covering all employees of contractor engaged in the performance of this agreement, in accordance with the Minnesota Worker's Compensation Law. 20. Penalties. Contractor shall be penalized $100 for each incident of failure to perform under the terms of this agreement as stated in number 4. 21. Conflict of Interest. Contractor agrees that no member, officer, or employee of City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Violation of this provision shall cause this Agreement to be null and void, and Contractor will forfeit any payments to be made under this Agreement. 22. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 23. Entire Agreement. The entire agreement of the parties is contained therein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreement presently in effect between,the , � . _ AGREEMENT FOR YARD WASTE TRANSFER SERVICES PAGE 4 parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first above written. CITY OF FRIDLEY By Its City Manager Approved as to form and legality: City Attorney 4.05 MORRELL & MORRELL: By Its 1Vlanager AGREEMENT FOR YARD WASTE TRANSFER SERVICES PAGE 5 Exhibit A CITY OF FRIDLEY FEES FOR YARD WASTE TRANSFER SERVICES Fees for services to be paid by the City to the Contractor shall be based on per load basis as outlined below: 4.06 MEMORANDUM PLANNING DIVISION DATE: December 29, 1998 TO: � " William W. Bums, City Manager�� FROM: Scott J. Hickok, Planning Coordinator SUBJECT: 1999 Planning and Appeals Commission Calendars The Planning Commission and Appeals Commission Calendars for 1999 have been reviewed and approved by the Commissions. These Calendars have now been provided for City Council review and approval. RECOMMENDATION: � Staff recommends that the City Council concur with the Commissions and approve the 1999 calendars as submitted. . 5.01 _ . r � y: i� ' • � �� vl �Y : /! . :I 1 1 � : � : .�.ii. � U�U� � . ; .i� yr� � �. y� : •�� . City Council meet�ng dates are conringent upon the outcome of the Dlanninng Cornrnrnission meeting, and also need of a public hearing before the City Council. * Different date due to a holiday. Application Deadline: December 4, 1998 Ten Day Completion Norification: December 14, 1998 Publication Deadlinea December 15, 1998 Planning Commission Meeting: January 6, 1999 City Council Meeting: Januar}� 25, 1999 60 Day Agency Acrion: February 1, 1999 Application Deadline: December 18, 1998 Ten Day Complerion Notification: December 28, 1998 Publication Deadline: . December 29, 1998 Planning Commission Meeting: January 20, 1999 City Council Meeting: February 8, 1999 60 Day Agency Acrion: February 15, 1999 Application Deadline: December 31, 1998 Ten Day Completion Notificarion: January 8, 1999 Publication Deadline: January 12, 1999 Planning Commission Meeting: February 3, 1999 City Council Meeting: . February 22, 1999 60 Day Agency Acrion: March 1, 1999 Application Deadline: January 15, 1999 Ten Day Complerion Norification: 3anuary 25, 1999 Publication Deadline: � January 26, 1999 Planning Commission Meeting: February 17, 1999 City Council Meeting: March 1, 1999 60 Day Agency Acrion: March 15, 1999 Application Deadline: . January 29, 1999 Ten Day Complerion Notification: February 8, 1999 Publication Deadline: . February 9, 1999 Planning Commission Meeting: March 3, 1999 City Council Meering: March 22, 1999 . 60 Day Agency Action: March 29,1999 _ 5.02 - Page 2 - Application Deadline: February 12, 1999 Ten Day Complerion Notification: February 22, 1999 Publicarion Deadline: February 23, 1999 Planning Commission Meeting: March 17, 1999 City Council Meeting: April 12, 1999 . 60 Day Agency Action: April 12, 1999 Application Deadline: March 5, 1999 Ten Day Completion Notification: March 15, 1999 Publication Deadline: ivlarch 16, 1999 Planning Commission Meeting: Apri17, 1999 City Council Meeting: Apri126, 1999 60 Day Agency Actian: Iviay 3, 1999 Application Deadline: March 19, 1999 Ten Day Completion Notification: March 29, 1999 Publication Deadline: March 30, 1999 Planning Commission Meeting: Apri121, 1999 City Council Meeting: May 10, 1999 60 Day Agency Action: May 16, 1999 Application Deadline: Apri12, 1999 Ten Day Completion Notification: April 12, 1999 Publication Deadline: April 13, 1999 Planning Commission Meeting: May 5, 1999 City Council Meeting: May 24, 1999 60 Day Agency Action: June 1, 1999 Application Deadline: . April 16, 1999 Ten Day Completion Notification: Apri126, 1999 Publication Deadline: Apri127, 1999 - Planning Commission Meeting: May 19, 1999 City Council Meeting: June 14, 1999 60 Day Agency Action: June 14, 1999 Application Deadline: Apri130, 1999 Ten Day Completion Notification: May 10, 1999 Publication Deadline: May 4, 1999 Planning Commission Meeting: June 2, .1999 City Council Meeting: June 14, 1999 - 60 Day Agenc�A03 : June 29, 1999 - Page 3 - Applicarion Deadline: May 14, 1999 Ten Day Complerion Notificarion: May 24, 1999 Publicarion Deadline: May 25, 1999 Planning Commission Meering: June 16, 1999 City Council Meeting: June 28, 1999 60 Day Agency Acrion: July 12, 1999 Application Deadline: June 4, 1999 Ten Day Complerion Notification: � June 14, 1999 Publication Deadline:. June i�, 1999 _ - Planning Commission Meeting: July 7, 1999 City Council Meeting: July 26, 1999 . 60 Day Agency Acrion: August 2, 1999 Application Deadline: June 18, 1999 Ten Day Completion Notification: June 28, 1999 Publication Deadline: June 29, 1999 Planning Commission Meeting: July 21, 1999 City Council Meeting: August 9, 1999 60 Day Agency Action: August 16, 1999 Application Deadline: July 2, 1999 Ten Day Completion Notification: July 12, 1999 Publication Deadline: July 13, 1999 Planning Commission Meeting: August 4, 1999 City Council Meeting: August 23, 1999 60 Day Agency Acrion: August 30, 1999 Application Deadline: July 16, 1999 Ten Day Completion Notification: July 26, 1999 Publicarion Deadline: � July 27, 1999 Planning Commission Meeting: August 18, 1999 City Council Meeting: September 13, 1999 60 Day Agency Action: Sept. 13, 1999 5.04 Page 4 - Application Deadline: July 30, 1999 Ten Day Completion Norification: August 9, 1999 Publicarion Deadline: August � 0, 1999 Planning Commission Meeting: September l, 1999 City Council Meeting: September 13, 1999 60 Day Agency Action: Sept. 27, 1999 Application Deadline: August 13, 1999 Ten Day Completion Notification: August 23, 1999 Pub�ication Deaciline: August 24, 1999 Planning Commission Meeting: September 15, 1999 City Council Meeting: October 11, 1999 60 Day Agency Acric�n: October 10, 1999 Application Deadline: September 3, 1999 Ten Day Completion Notification: September 13, 1999 Publication Deadline: September 14, 1999 Planning Commission Meeting: October 6, 1999 City Council Meeting: October 25, 1999 60 Day Agency Acrion: Nov. 2, 1999 Application Deadline: September 17, 1999 Ten Day Completion Notification: September 27, 1999 Publication Deadline: September 28, 1999 Planning Commission Meeting: October 20, 1999 Ciry Council Meeting: November 8, 1999 . 60 Day Agency Action: Novem�er 15, 1999 Application Deadline: October 1, 1999 Ten Day Completion Notification: October 10, 1999 Publication Deadline: October 12, 1999 Planning Commission Meeting: November 3, 1999 City Council Meeting: November 22, 1999 60 Day Agency Action: November 29, 1999 Application Deadline: October 15, 1999 Ten Day Completion Norification: October 25, 1999 Publication Deadline: October 26, 1999 Planning Commission Meeting: November 17, 1999 City Council Meeting: December 13, 1999 60 Day Agency Action: December 13, 1999 5.05 � - Page 5 - Application Deadline: October 29, 1999 Ten Day Completion Notification: November 8, 1999 Publicarion Deadline: November �, :1999 . ,- , Planning Commission Meeting: December 1, 1999 City Council Meeting: December 13, 1999 60 Day Agency Action: December 27, 1999 Applicarion Deadline: November T2, 1�99 Ten Day Completion Notification: November 22, 1999 Publication �eadline: I�1ovPmber �3, 1999 Planning Commission Meeting: December 15, 1999 City Council Meeting: January 3 or 10, 2000 � 60 Day Agency Acrion: Jan�aary 9, 2000 (If ineeting Jan. 10, extra 60 day extension): March 8, 2000 5.06 �� r � y: i� . , , , � � � ui . : ii . :i � � � : . � � • � ��u� • . : .�� . � � � � . _ � The Appeals Commission has final action on residenrial requests, unless there are obiecrions from surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will conrinue to the City Couneil, with only a recommendarion from the Appeals Commission. * Different date due to holiday. All commercial or industrial requests will always continue to the City Council. Application Deadline: Dec�mber 18, 1998 Ten Day Completion Notification: December 28, 1998 Appeals Commission Meeting: January 13, 1999 City Council Meeting: January 25, 1999 60 Day Agency Action: February 15, 1999 Application Deadline: *December 31, 1998 Ten Day Completion Notification: January 8, 1999 Appeals Commission Meering: January 27, 1999 City Council Meeting: February 8, 1999 60 Day Agency Action: March 1, 1999 Application Deadline: � January 15, 1999 Ten Day Completion Notificarion: January 25, 1999 Appeals Commission Meeting: February 10, 1999 City Council Meeting: February 22, 1999 60 Day Agency Action: March 15, 1999 Application Deadline: January 29, 1999 Ten Day Completion Notification: February 8, 1999 Appeals Commission Meeting: February 24, 1999 City Council Meeting: March 22, 1999 60 Day Agency Acrion: March 29, 1999 Application Deadline: February 12, 1999 Ten Day Completion Notificarion: February 22, 1999 Appeals Commission Meeting: March 10, 1999 City Council Meeting: March 22,1999 60 Day Agency Acrion: Apri112, 1999 5.07 ., -Page2- Applicarion Deadline: February 26, 1999 Ten Day Complerion Notification: March 8, 1999 Appeals Commission Meering: March 24, 1999 City Council Meeting: April 12, 1999 60 Day Agency Action: Apri126, 1999 Application D�adline: March 19, 1999 Ten Day Completion Notificarion: March 29, 1999 Appeals Commission Meeting: April 14, 1999 City Council Meeting: Apri126, 1999 60 Day Agency Action: May 17, 1999 Application Deadl�ne: Apri12, 1999 Ten Day Completion Notification: April 12, 1999 Appeals Commission Meeting: Apri128, 1999 City Council Meeting: May 10, 1999 60 Day Agency Action: May 31, 1999 Application Deadline: April 16, 1999 Ten Day Completion Notification: Apri126, 1999 Appeals Commission Meeting: May 12, 1999 .� City Council Meeting: May 24, 1999 60 Day Agency Action: June 14, 1999 Application Deadline: Apri130, 1999 Ten Day Completion Notification: May 10, 1999 Appeals Commission Meeting: May 26, 1999 City Council Meeting: June 14, 1999 60 Day Agency Action: June 29, 1999 Application Deadline: May 14, 1999 Ten Day Completion Notification: May 24, 1999 Appeals Commission Meeting: June 9, 1999 City Council Meeting: June 28, 1999 60 Day Agency Action: July 12, 1999 �- 5.08 � - Page 3 - May 28, 1999 Application Deadline: J�e �, 1999 Ten Day Complerion Norificarion: Ju�e 23, 1399 Appeals Corr�mission iVleering: July 12, 1999 City Council Meeting: July 2(,, 1999 60 Day Agency Acrion: June 18, 1999 ppplication Deadline: J�e 28, 1999 Ten Day Coxnpletion Notificarion: July 14, 1999 Appeals Commission Meeting: July 26, 1999 City Cou-*�cil Meering: �,ugust 16, 1999 60 Day Agency Action: July 2, 1999 �,pplication Deadline: Jul 12, 1999 Ten Day Completion Notification: y July 2g� 1999 Appeals Commission Meering: Au�st 9, 1999 City Council Meering: �,ugust 30, 1999 60 Day Agency Action: 7uly 16, 1999 Application Deadline: July 26, 1999 Ten Day Completion Notification: �u�st 11,1999 �' � `' � August 23, 1999 Appeals�CorrmmissioiilVieeting: City Council Meering: September 13, 1999 60 Day Agency Action: July 30,1999 Application Deadline: �,ugust 9, 1999 Ten Day Completion Notification: Au�st 25, 1999 Appeals Commission Meeting: September 13, 1999 City Council Meeting: September 27, 1999 60 Day Agency Action: August 13,1999 Application Deadline: Au�st 23, 1999 Ten Day Completion Notificarion: September 8, 1999 Appeals �ommission Meering: September 20, 1999 City Council Meeting: October 11, 1999 60 Day Agency Action: August 27, 1999 Application Deadline: September 6, 1999 Ten Day Completion Notification: September 22,1999 Appeals Commission Meeting: pctober 11,1999 City Council Meeting: October 25, 1999 60 Day Agency Ac�r];, 9 .V - Page 4 - Application Deadline: Ten Day Completion Norification: September 17, 1999 Appeals Commission Meeting: September 27, 1999 City Council Meeting: October 13, 1999 60 Day Agency Action: �ctober 25, 1999 November 15, 1999 Application Deadline: Ten Day Completion Notificatian; October 1, 1999 Appeals Commission Meeting: �ctober 11, 1999 City Council Meeting: October 27, 1999 60 Day Agency Action: November �, 19�9 November 29, 1999 Application .Deadline: Ten Day Completion Notification: �ctober 15, 1999 Appeals Commission Meering: �ctober 25, 1999 City Council Meeting: November 10, 1999 60 Day Agency Acrion: November 22, 1999 December 13, 1999 �* Change in meeting date **Application Deadline: October Appeals Commission Meeting: *� 29� 1999 City Council Meeting: December 8,1999** 60 Day Agency Action: Jan 3 or 10, 2000 **60 Day Agency Action Extension: December 27,1999 Feb. 24, 2000 '�*Your application for the October 29,1999, deadline wii Agency Action and wi11 require an additiona160-day A encoutside of the lst 60-day g y Action Eztension. Application Deadline: Ten Day Completion Notification: November 12, 1999 Appeals Commission Meetin ; November 22, 1999 g December 8, 1999 City Council Meeting: 60 Day Agency Action: Januar�' 3 or 10, 2000 (If Jan. 10, extra 60 day extension) Janu�' 1 �� 2000 March 8, 2000 Application Deadline: Ten Day Completion Notification: *November 24, 1999 Appeals Commission December 3, 1999 City Council Meeting: December 22, 1999 60 Day Agency Action: Januar�' 3 or 10, 2000 January 22, 2p00 � 5.10 City of Fridley TO: William W. Biuns, City Manager FROM: John G. Flora,� Public Works Director DATE: January 4, 1999 SUBJECT: Riverview Terrace Consultant Approval PW98-003 We sent out seven proposals for the design and construction/inspection of the Riverview Terrace area improvement proj ect, ST.1999 -1. We received responses from five firms. Of the five responses, two were substantially more in cost. We interviewed the three lowest firms with a series of questions to standardize the responses as much as possible. As a result of the proposals received and the interviews conducted, Orr Schelen Mayeron & Assoc (OS1Vn provided the best response and the overall cost effective proposal. In addition, OSM provided a guarantee of an early yeaz start with a subsequent letter indicating that they would deduct their design cost by $10,000 should they not meet the March advertisement date as proposed. It is staff s recommendation that the design and construction/inspection for the Riverview Terrace improvement project ST.1999 -1 be awarded to Orr Schelen Mayeron & Associates at a design cost of not- to-exceed $66,000 and a construction/inspection cost not-to-exceed $150,000. JGF:cz Attachment s 6.01 � W� > a° � d � W U a � 3 � a � � E r VI � � � � �� o w o a •� b � � O � U � � O � 3 u �=3 y e o � .5 �� u � o y O 3 � o ,e..�o y Zw:�v 0 � O 0 O � 69 � � � w . �� b tr9 � a 1� H � . u °Q .S � � � 0 �� U � � [ N ►r U � � a °° w � � h > a� � •� � � °� >, �: A Z w U 0 W � �^ .-N. EIi .� � � a �� 69 U N � y N a N .� ` >,�,;; °� `� o � : R7 � O u" vN1 +�+ a�i c"e > � V A � a � Wpq� � �o U � � � y � �� 'O a �� 3� ba_ v� a ,r, � 3 `W° A: n N �g�� x�� o v v p a. � .� � .c° u � , � , :o �:. e xz M �o v� O� M b9 � � � a N � � � � O� EIi S t,� 0 O M O v a�� > �a•� Q� a o °' .-r i� L�� O� c E � tO� � 0 .� Ua y 0 U � � w 0 o° �, N O � � i b O � � �� E9 � > .� z �� N v� � u � a °� � � ... h � � h 00 o° � � i�+ y N •y M � Q N �:i > � � � H L�r � � .o a u � u � w 0 $ �, � O v� .a � b O � O� � � V fi9 � � w � � � n � .9 0 � � �� o y � r. x H � h o,�� w�W.-. � a or'�iga V�] M N C!� I TO: FROM: City of Fridley William W. Burns, City Manager �� John G. Flora�ublic Works Director DATE: January 4, 1999 SUBJECT: DNR Support for the Riverview Terrace Improvement Project PW99-004 The City has retained Lake State Realty Services, Inc. to initiate action to procure the three properties at the 79`� and Riverview Terrace intersection. In acquiring these properties, there are DNR funds available for removal of properties from the flood plain as well as water quality and flood improvement projects. The attached DNR resolution authorizes the City to initiate action to request funding support for the storm watery property acquisition and flood improvement proaects associated with the Riverview Terrace Improvement Project No. ST. 1999 - 1. This resolution must be submitted and approvals obtained from DNR prior to any properiy acquisition or fund expenditures are made to obtain DNR participation. Recommend the City Council adopt the attached resolution requesting funding support from the DNR to assist in the costs associated with the Riverview Terrace Improvement Project No. ST. 1999 - 1. JGF:cz Attachment 7.01 RE30LIITION NO. _ - 1999 RBSOLUTION ADTHORIZING FLOOD DAMAGB AGR$�NTg BE IT RESOLVED that John G. Flora, hereinafter referred to as "Authorized Official" act as legal sponsor for the Riverview Terrace Improvement Project No. ST. 1999 - 1 contained in the Flood Damage Reduction Grant Assistance Program Application submitted on December 31, 1998 and that the Authorized Official is hereby authorized to apply to the Minnesota Department of Natural Resources, hereinafter referred to as "State,�� for funding of this project on behalf of the Applicant. BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate acquisition, maintenance and protection of the proposed project. BE IT FURTHER RESOLVED that the Applicant has not incurred any construction costs or has not entered into any written agreements to purchase property proposed by this project. BE IT FURTHER RFSOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of the application by the State, the Authorized official may enter into an Agreement with the State for the above-referenced project, and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement. NOW, THEREFORE, BE IT RESOLVED THAT, John G. Flora is hereby authorized to execute such Agreements as are necessary to implement the project on behalf of the Applicant. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4TH DAY OF JANUARY, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON, MAYOR 7.02 City of Fridley TO: William W. Burns, City Manager ��° �� FROM: John G. Flora, Public Works Director DATE: January 4, 1999 SUBJE�T: Load Limit Designation Attached is a resolution establishing the spring load limits for the City streets. PW99-002 Annually we receive Council's approval to publish the load limits. This allows us to place the notice in the newspaper at an appropriate time based upon the spring thaw. Load limits stay in effect until the County informs us of them raising the limits on the County roads. To facilitate the notification process, recommend the City Council adopt the attached load limit resolution for 1999. JGF:cz Attachment 8.01 R$SOLDTION NO. - 1999 RBSOLUTION ID�OSING LOAD LIffiITS ON PIIBLIC STR$BT3 AND HIGAIPAY3 IN THg CITY OF FRIDL$7C, �I�gSOTA B$ IT RESOLVED by the City Council of the City of Fridley as follows: A. That pursuant to Chapter 503, City Code of Fridley, Minnesota, 1978 that commencing on the 15th day of March, 1999, and continuing until the 15th day of May, 1999, unless sooner terminated or thereafter continued, no vehicle shall be driven or operated upon any street or public highway in the City under jurisdiction of the City where the weight of such vehicle exceeds: 4 TON PSR�A3LE B. The above restriction shall not apply with respect to the following named streets or public highways, to-wit: STREET Alden Way Ashton Avenue Ashton Avenue Able Street � Alley East of Beech Street Arthur Street Arthur Street Baker Street Beech Street Benjamin Street Berne Road Bridgewater Drive Brookview Drive Camelot Lane Carrie Lane Central Avenue Cheri Lane Commerce Circle East Commerce Circle South Commerce Circle West Commerce Lane East Danube Road East Moore Lake Drive East River Road East River Rd. Serv. Dr. East River Rd. Serv. Dr. Elm Street Fillmore Street Fireside Drive Gardena Avenue Glacier Lane Hackmann Aveaue Hackmann Circle 8athaway Lane FROM 79th Avenue 52nd Way 79th Avenue West Moore Lake Drive 78th Avenue Camelot Lane North Danube Road 73rd Avenue 77th Avenue Gardena Avenue Windemere Drive Entire Length Mississippi Street Squire Drive Quincy Street Trunk Highway 65 53rd Avenue 73rd Avenue Commerce Circle Bast Commerce Circle South 73rd Avenue Matterhorn Drive T.H. #65 Lafayette Street Slst Way 57th Way 77th Avenue 53rd Avenue T.H. #65 Central Avenue Matterhorn Drive Tennison Hackmann Avenue Central Avenue : 1 TO 76th Way Industrial Blvd. Ironton Street Missisaippi Street 79th Avenue Mississippi Street 400 feet north Osborne Road 81st Avenue Rice Creek Road East End Rice Creek Terrace Arthur Street Jackson Street Osborne Road Fillmore Street Commerce Circle South Commerce Circle West 73rd Avenue Osborne Road N. Innsbruck Dr. Central Aveaue 37th Avenue N. to Cul-de-Sac N. of 57th Way 79th Avenue Cheri Lane Central Avenue East City Limits St. Moritz Drive Hathaway Lane Hackmann Avenue 430 Ft i3ast Regis Drive Resolution No. - 1999 Page 2 STREBT Hillwind Road Hickory Street Hickory Street Industrial Boulevard Jackson Street Kerry Lane Rristin Court Lake Poiate Drive Lynde Drive Main Street Main Stree� Matterhorn Drive Miasissippi Street Monroe Street North x�anube Road North Innsbruck Drive Osborne Road Osborne Way Polk Street Quincy Street Rainer Pass Ranchers Road Regis Drive Regis Lane Rice Creek Road Rice Creek Terrace Riverwood Drive St. Imier Drive St. Moritz Drive Stinson Boulevard Squire Drive Trollhagen Drive West Danube Road West Moore Lake Drive windemere Drive 3rd Street 5th Street 7th Street 7th Street 45th Avenue T.H. #47 E. Serv. Dr. T.H. #47 E. Serv. Dr. T.H. #47 E. Serv. Dr. T.H. #47 W. Serv. Dr. T.H. #47 W. Serv. Dr. Slst Way 52nd Way 53rd Avenue 53rd Avenue 53rd Way 57th Avenue 58th Avenue 61st Avenue 63rd Avenue FROM Matterhorn Drive 81st Avenue 78th Avenue 51st way Carrie Lane Ben More Drive � Stinson Boulevard 7th Street Hillwind Road Osborne Road 44th A�enue I-694 Crossing East River Road 63rd Avenue West Danube Road Matterhorn Drive Stinson Boulevard East River Road Hackmann Avenue 57th Avenue Glacier Lane 77th Avenue Hathaway Lane Regis Drive Central Avenue 68th Avenue 71st Avenue Berne Road Trollhagen Drive Osborne Road Rice Creek Road Matterhorn Drive North Danube Road T.H. #65 (N.Moore Lake) Trollhagen Drive 49th Avenue 61st Avenue Madison Street 53rd Avenue Main Street 53rd Avenue 400 LF So 57th Avenue 69th Avenue 73rd Avenue Mississippi Street E. River Road Ashton Avenue Main Street Matterhorn Drive E. River Road Ser. Dr. T.H. #47 Jackson Street Starlite Blvd. T.H. #8�03 TO Ceatral Avenue 600 feet north 79th Avenue Ashton Avenue 58th Avenue Rice Creek Road through cul-de-sac West Moore Lake Drive Polk Street 83rd Avenue 61st Avenue Gardena Aveaue Stinson Boulevard Rice Creek Terrace N. Innsbruck Drive East City Limits East River Road 75th Way Lynde Drive Carrie Lane South City Limits 81st Avenue Regis Lane Matterhorn Drive East City Limits Brookview Drive 712 Avenue South City Limits South City Limits 73rd Avenue Camelot Lane st. Imier Drive South Cul-de-sac T.H. #65 (S.Moore Lake) Trollhagen Drive 53rd Avenue Mississippi street 900 feet south 68th Avenue University Avenue N. Approx. 500' Mississippi Street 73rd Avenue 85th Avenue S. Approx. 800� Industrial Blvd. Industrial Boulevard T.H. #65 E Approx 300 ft Fillmore Street Industrial Boulevard Quincy Street West Moore Lake Drive West Moore Lake Drive Monroe Street Resolution No. - 1999 Page 2 STREfiT 64th Avenue T.H. #65 E. Serv. Dr. Serv. Dr. T.H. #65 E. Serv. Dr. T.H. #65 W. Serv. Dr. T.H. #65 W. Serv. Dr. 67th Avenue 68th Avenue 69th Avenue 71st Avenue 71� Way 72nd Avenue 73rd Avenue 76th Way 77th Avenue 78th Avenue 79th Avenue 81st Avenue 83rd Avenue FROM Arthur Street 73rd Avenue Osborne Road 63rd Avenue Osborne Road 73rd Avenue Monroe Street Brookview Drive Central Avenue Trunk Highway 47 200� west of Alden Cr Trunk Highway 65 Commerce Lane Alden way East River Road P. Burlington No. R/W E. Burlington No. R/W Hickory Street Main Street TO Old Central Avenue _ . 72nd Avenue T.H. #65 E. Fireside Drive South End South 800� South End Jefferson Street Monroe Street East City Limits City Garage to cul-de-sac Central Avenue Stinson Boulevard East to cul-de-sac Ranchers Road Main Street T.H. #47 T.H. #47 T.H. #47 and the weight limit with respect to such streets and highways is: 9 TON P$R ABLB C. Notice of these restrictions shall be published with respect to each of such streets and highways and when so published, the restrictions shall be in full force and effect; all as provided thereof, under Chapter 503, City Code of Fridley, Minnesota, 1978. D. A vehicle in excess of such limits may be operated or driven upon a street or published highway in the City without violation of law when the same is done under Special Permit thereof issued in accordance with the provisions of Minnesota Statutes Sec. 169.87 which are adopted and made a part hereof by reference the same as if fully incorporated herein. E. That school bus operators are given special permit to proceed with normal operation on their regularly established routes and at regularly established hours, said permits to be issued by the Public Works Director. PASSED AND ADOPTBD BY TH$ CITY COIINCIL OF THE CITY OF FRIDL$Y THIS 4TIi DAY OF JANUARY, 1999. ATTEST: NANCY J. JORGENSON, MAYOR DEBRA A. SKOGEN, CITY CLERK 8�04 0 � _,`i_ `\ _•_r�l_... ,�r.. : �-• -�ts : �C�. s \ �� 8 � � \� t•� i 7 � ,�' ,� _ ��•:. . _: a.« � � 1'? '( �f:a ;� , �'� �\�., I �� ___.,� � T ' — � „ � .� __ , `i.l � , '. n . � a- �-- �, � ��_ � ��{ � , .�. 8 � -.,: �>>>� � _ � .,-�: '';; '�•.,, a � ,�� y y � e�- r '" : � : vyi � j::. � C.�'�� .0 � �-,' -� .�---- � :. �Qtt�_,� I I �\ � � � � �.;i �I��I�� +� • ,i _ _ _ ..� . ,j . i n.` 1.•• t � � � ��I : � r--; � -- - _ � 'l �-� � �'� .; /-• �= ,�r!'.. , J 1 �—._�_- �=--�-� _; _ -- - - .. �... � - I st�L�R�i, . `l ytl�. 1�— - ICI�,,,,� _....,..,�JI........°_.�II ... A _ � ��-- ' � :'-! ' i;: _ I j;=r; =%Y. ;:i �e. F �.11:� i __. � -- � � . : � : � :: =:�- :; � �:�:�:: � _. ,.. :.:- ..� .-. - .. .��. �-: : . -.�: . . :. : • :' •'4' � ' .'�-s-.'.: 0 � t�w p� "�� 1li� .,.,. i�ti �� ,... .� � .z `• � . v � �� JV � F ' � � � ;; • :;..� `r; ;� " � c + � �:' � � •o� � ��;='�� --; — � f,�, — ' '`�':��": -- �� :.::�.; '° � :!�!,.�; i� �- ,: I -- - . . .. a, • . � _.c � � .{�:;j; �� v sr��v . .."-� '� ! I -�i:ai ti� - � �� 'I .'. ! �' ( ' � s•. �_ . ��+ _:r: i�. _-'_�nik -.n << •i / i ♦. v� + �/ Q 'e,e p• - • :• :L.:r.� G� • k� � e �� j :'v'�I.ii'':s � yOOR N `„ �:: � � .� _ �i.:�: � � � . ��i::.i��E•� � ! `;� :: � ::� / 14 - _W �0 .� , .: � 6 • ; • •.p3°� �� 00 ' i `•_" �� " / ' � ;-� - :, � � . - }�.;x:� : I .� . -_= o � _ �.� ,.. � � ,�^�:��..:,�, � .'� �� -- - - ��`ti( �'� � �; �-_�� .� i• � _ - ,:� - ( - ., ;�,� � _ _ _ _ f--� `=� ; � I / ' � / � -- `�' � . _ � • � xr, J� �, = � \� — Ur a - � �' r�y � �; � � l� _ - - - ; _ �/ � �� = - � � �. � ' � ��.� � - �.�� - �� • _� — � ( I T �� r�.� . Ic — � � ...o.. . .... 1• � � � �' � _ . . 1 C — •�---•y _ .tn�.a�.ua�. .�... _.._ , ...oe....i++ ..,.. I '� ' � � - �f � �� - ��; --- ° == = � ;.. .... c= - - � •�: � ..-- ; � � ��1,� ===- = — - ---•• _= -- - � •� ` __._ � ^ :I� i;l ri._. :, _ �_ _ _ - , � __• .. = _ - � �� ' 1 ��:� i:� ==- _- - == =-_ � ,� J '..�y -- ' ' _ r� ; � i;; � __ _. " -_-_ .. __ _. .. __ = _= .� .� � � �► _.._. . -- � . � -�'... — "n � i.�■ • . __-_ _ .. - -- :_- � .__. , _ . . . '. �. ... �/,�..� ! � ' ' ' � r. � , .. . . � . City of Fridley TO: William W. Burns, City Manager � �v � FROM: Johr� G. Flora,� Public �JVorks Di�ector DATE: January 4, 1999 SUBJECT: SRA Appointment PW99-001 The City continues to remain a member of the Suburban Rate Authority (SRA). Accordingly, we need to designate by resolution the City's representatives. For the last number of years the Council has designated the Public Works Director and the Assistant Public Works Director as the representative and alternate representative to the SRA. The attached resolution formalizes the appointment in accordance with the SRA criteria. JGF:cz Attachment 9.01 � RSSOLUTION NO. - 1999 ` RSSOL�TION D$SIGNATING DIR$CTOR AND ALT$RNATB '. DIRECTOR TO SIIBIIRBAN RAT$ AUTiIORITY BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows: WHEREAS, the Public Works Director, is hereby designated to serve as a Director of the Suburban Rate Authority, and the Assistant Public Works Director is hereby designated to serve as Alternate Director of the Suburban Rate Authority for the year 1998 and tantil their successors are appointed. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4TH DAY OF JANUARY, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 9.02 NANCY J. JORGENSON - MAYOR To: William W. Burns, City Manager ��`" � From: Richard D. Pribyl, Finance Director Deb Skogen, City Clerk Date: December 30,1998 Re: Totino Grace Charitable G�mbling Premise Permit Renewal — Sharac Club and Spikers Grille and Beach Club Section 30 of the Fridley Cit}c Code allows Lawful Gambling by a licensed organization. Totino- Grace is currently conducting charitable gambling at Sharx Club and Spikers Grrille and Beach Club. Both Charitable Gambling Premise Permits expire on March 31, 1999. Each renewal application requires a resolution from the City Council approving their renewal. If approved, the premise permits would become effective April 1, 1999 and expire Mazch 31, 2001. Please find a resolution for each renewal premise permit: a resolution for the Sharx location and a resolution for the Spikers Grill location. Staff recommends approval of the premise permit renewals by adoption of both of the attached resolutions. 10.01 RESOLUTION NO. � -1999 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR TOTINO-GRACE HIGH SCHOOL WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School, and WHEREAS, the location of the Premise Pernut is for Sharx Club, 3720 East River Road, and will be effective from April 1, 1999 to March 31, 2001, and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, TI�REFORE, BE IT RESOLVED, that the City CAUncil of the City of Fridley approves the Minnesota Lawful Gambling Premise Pernut Application for the Totino-Grace High School for Sha.n� Club located at 3720 East River Road. PASSED AND ADOPTED BY THE CITY COUNCII. OF TI-� CITY OF FRIDLEY THIS 4� DAY OF JANiJARY, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 10.02 NANCY J. JORGENSON - MAYOR RESOLUTION NO. _ -1999 RESOLUTIOI� IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERNIIT FOR TOTINO-GRACE ffiGH SC�i00L WI�REAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Pernut for Totino-Grace High School, and WHEREAS, the location of the Premise Permit is for Spikers Grille and Beachclub, 7651 Highway 65 Northeast and will be effective from April l, 1999 to March 31, 2001, and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charita.ble gambling operation. NOW, T'HEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Pernut Application for the Totino-Grace High School for Spikers Grille and Beachclub located at 7651 Highway 65 Northeast. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI-� CITY OF FRIDLEY THIS 4'� DAY OF JANUARY, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 11.01 NANCY J. JORGENSON - MAYOR TO: WILLIAM W. BiJRNS, CITY MANAGER,��J �II FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES DATE: December 22, 1998 Attached is a resolution that will appoint Norwest Bank Minnesota N.A. as the City's official depository for 1999. We are incuning little cost for the service we are provided by Norwest Bank Minnesota N.A. At this time, it does not seem to be beneficial to solicit for banking services since our options are lixnited within the City. The service we receive is very good; Norwest Bank Minnesota N.A. has been responsive to our requests for information. In using Norwest Bank Minnesota N.A. we are able to invest idle cash on a daily basis with minimum cost to the City. We are able to determine daily needs and invest the balance in a money market account with Norwest and First Trust. If we were to change the provider for the banking services we would need to change the method in which we invest idle funds and the ease in which we make deposits. '7 � ' � Attachment 12.01 R$SOLT7TION NO. - 1999 RF3SOLDTION D$SIGNATING OFFICIAL D$POSITORI$S FOR TH$ CITY OF FRIDLEY I, Richard D. Pribyl, do hereby certify that I am Finance Director- Treasurer of the City of Fridley, a corporation organized under the laws of the State of Minnesota. I further certify that at a meeting of said corporation duly and properly called and held on the 4th day of January, 1999, the following resolution was passed; that a quorum was present at said meeting; and that said resolution i� set forth in the minutes of meeting and has not been rescinded or modified. IT IS HEREBY RESOLVED, that Norwest Banks is hereby designated as a depository for the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts or other withdrawal orders issued against the funds of this corporation on deposit with said bank shall be signed by two of the following: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, City Manager and that said bank is hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that Norwest Banks as a designated depository of the corporation is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of two of the following: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, City Manager and Norwest Banks shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with Norwest Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. 12.02 Page 2-- Resolution No. _- 1999 BE IT FURTHER RESOLVED,--that-any-bank or savings and loan may �e used as depositories for investment purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the�signa�ures of two of the following named City employees are required for withdrawal of City investment funds from savings and loan associations: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, City Manager BE IT FURTHER RESOLVED, that any brokerac.�.e f�rm may be used as a vendor for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. I further certify that the Council of this corporation has, and at the time of adoption of said resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named who have full power and lawful authority to exercise the same. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4TH DAY OF JANUARY, 1999. ATTEST: DEBR.A A. SKOGEN - CITY CLERK 12.03 NANCY J. JORGENSON - MAYOR 13.01 RESOLUTION NO. - 1999 RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 1999 WHEREAS, the Charter of the City of Fridley requires in Section 12.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Focus News is designated the official legal newspaper for the City of Fridley for the year 1999 for all publications requxred to be published therein. BE IT FURTHER RESOLVED that the Minneapolis Staz and Tribune be designated as the City of Fridley's second official newspaper for the year 1999. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 13.02 � � QTY OF FRIDLEY To: From: Date: MEMORANDUM William W. Burns, City Manager fi�f'�i �" `-� � � k" Sara S. Hill, Human Resources Manager .� December 28, 1998 Re: Ratification of Approval of Pay Equity Compliance Report Sara S. Hill Human Resources Manager (612) 572-3507 Attached is a copy of the Pay Equity Implementation Report that is due to the Minnesota Department of Employee Relations (DOER) on January 31, 1999. Now that the report is complete, it requires ratification from the City Council before it is submitted to DOER. To the best of my knowledge, the City has complied with all requirements of the Local Government Pay Equity Act. In addition, I have reviewed the report with Ann Antonsen from Labor Relations Associates to ensure our compliance. We look forward to, once again, receiving a certificate of Pay Equity Compliance from DOER. I request that you submit this to the City Fridley Council for their approval at the January 4, 1999 meeting. Thank you for your attention to this matter. 14.01 Pay Equity Impiementation Report end completed report to: Pay Equity Coordinator Department of Employee Relations 200 Centennial Building 658 Cedar Street St. Paui, MfV 55155-1603 (651) 296-2653 Noice) (651) 297-2003 (r�D) Fo� Deparimeni Use Only � � o Name of Jurisdiction �o Cit of Fridle , MN '. ;�i City 0 County 0 School O Other: �� « Address City �: 431 UniversitY Avenue N,E, Fridle � � . Contact Person Phone i �ar'� yi1T. Human Res�urces Manaaer e 0 :+ � � = .� 0 � a � � O m r 0 a Q The job evaluation system used measured skill, effort, responsibiliry and working conditions and the same system was used for all classes of employees. Check the system used: ❑ State Job Match 0 Designed Own {specify) ,Y�] ConsultanYs System (specify) H , R , F��11� C2I1L) ❑ Other (specify) Q Health insurance benefits for male and female classes of comparable value have been evaluated and: i� There is no difference and female classes are not at a disadvantage. ❑ There is a difference and the maximum salaries reported include the monthly amount paid by the employer for health insurance. Q Information in this report is complete and accurate. Postmark Date of Report .iurisdiction ID Number �..,.-� � No salary ranges/performance differences. ❑ Check here if both of the following apply; othervvise, leave blank. a. Jurisdiction does not have a salary range for any job class. b. Upon request, jurisdiction will supply documentation showing that inequides between male and female classes are due to performance differences. Note: Do not include any documentation regarding performance with this form. Q An official notice has been posted at Municipal Center Kiosk (prominentlocationJ informing employees that the Pay Equity Implementation Report has been filed and is available to employees upon request. A copy of the notice has been sent to each exclusive representative, if any, and also to the public library. The report was approved by: FririlPV,_j'1t�1 �.n�incil (govemin9 bodyl Nancv J, Jor4enson (chief e/ected offic;al, prinv Q The report includes all classes of employees over which the jurisdiction has final,budgetary approval (chiefeiecredofi�c;al, signaruraJ autho�iry. Mavor Januarv 5. 1999 ' (tiilel (date) Resu/t from Sa/ary Range Worksheet � �� =�o i y�� 9� . 42% 9'o is the result of average years to salary range maximum for mate classes divided by the average years to salary range maximum for female classes. . « . ] o;�; nd > � � • • � O L W i °d a— W—o O a~a° Results from Excepiional Service Pay Worksheet � 20% �, !ess of male classes ;eceive ES°. �o is the result of the percentage of female classes receiving ESP divided by the percentage of male classes receiving ESP. $ 7, 012 . 385 . 35 is the annual payroll for the calendar year just ended December 31. k) pare0ro�765 � 8 --- ., ��s� _ s o. � � � o a o a o 0 0 0 0 0 0 � � o � �, � � � � � �. � � � � , � a C � � 0 C O � � e ., U � 0 ti F � a e 0 C a Y V u 0 a � � � a o 0 0 � � � � �` �( 7 �7 �7 t� O u'1 O O G� M r� O G� OI O � C C� 00 00 00 N N N �N �N f� �T U1 �7 O� OC� 00 a �O �O �D o0 O O O O N N .t .7 �Y' � �� .� .--� .--i .-+ N N N N N N N N N N N N N N H H N N H M N N N N � H N � N E a. � N t� N �O � �O �O �O �7 �T �Y' �7 �Y �t �t c� �t N �7 �O •-+ •-� •--� •-+ O� O� C1 O� 00 00 00 A k. .0 co c'1 O M �7 �O �O �O �O f� r� I� I� Q� Q� C� � � � .� .-.� .--i �+ � � .-a .-� � .--i .--i ..+ � .--i .--r � V� N H H H H H M H N N M N H N N N g �� r` 5L �= �0 E o u u �� L �� tt1 �!1 �D Q� c'1 �t o0 00 O � •--� �7 tr1 tr1 f� o�= � 6>' M M M e+1 �1 �7 �7 �7 v1 �/'1 trl u'1 u'1 tr1 �1 � � 7 E O = u3 � v �� `o � a �7 .7 O r+ O �--� ^+ O r+ c�1 O t/1 N O M U '� Z `o �� 7 .t �D O N O M r+ O O �--� O O � O m E� 0 Z � I I I w O .-� Q 00_ a � � � � : � N a . z �< � H � �, v � U � � O u � �+ O � cr ti-I a � � a �, � - �+ C! � �+ '�, 3 '--1 c0 -rl �II i � I C1 li � u� 0) ' a H �a N �+ O � c0 � H 'b N H O � .�L u v a a�i � v � cp m t� U G' N L'. 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U'1 W O � v 00 N a e 0 a a C U , �z� �� _ ;;� � � � _ ��0000 �. r, .a r, r+ � a � �. � � � � E _ � � o+ �n I 00 oD 00 '•� V ':c a ' � � �D �O �D O� N H H N N N M N H N N N N N N N � L �C �O �C � .--� .--i .--� N '^• tz' c o � 'n � c' � ^ � � �n u� �n � S$� y� y H H H N H N H H H N N N N N . . � @ � T "' PI 5 � r $ o— v� c� t �� O G+ O o0 � w o, .� .� N M Y+ $ = y � i � � � � '^ FP� � Eo •i E c° 3 � 4 d. � VF� � � :� ' �'o� C� O v � ` a O O O O » � s U E� � � G, Z Y � o m -, _ � ' o . � . m E i .-� .-� .-i :-+ o � � Z 6 ^ � N 0 � � •0 . = a : � � � 0 o �+ � E � o € `' u a.� o N U � � C u0 �+ � Sa � � „�,iE"i . i.7 A A 0 � hS y � � � ,�-i w � a�o � � °�v` N A � 3 � o �' ".. c N RI " N vv � G � � � � � u '� � n' ly r�i e-I 'T y � � 1� � v r�l � 7 '� E o O . � --. b � w a a c� Y •- � v v; F � d ? u � u � o _ - '—` c • — - r+ = v = 'o e- z J' Z < :J (�I — e�i ri v r. � r m O� � t QTY OF FRIDLEY CLAIMS JANUARY 4, 1999 CLa�NIS 84756 - 84918 6.01 r � CfTlf OF FRIDLEY Tvne of License FOOD Ricky's Embers America 5400 Central Avenue NE Fridley, NIN 55421 LICENSES JANUARY 4,1999 BY Joseph Rickenbach Apnroved Bv: Police Department Fire Department Planning; Inspection Fees• $ 45.00 I MANAGERIAL LIQUOR DISPENSING Stuart Anderson'.s Restaurant Dianne M. Heald Police Department $ 10.00 5696 University Avenue NE Fridley, MN 55432 Spikers Grille and Beach Club 7551 Highway 65 N.E. Fridley, MN 55432 PEDDLER/SOLICITOR CW Marketing Services, Inc. 2010 East Hennepin Avenue SE Number 08-121 Minneapolis, NIN 55413 Thomas Pontliana Police Department $ 10.00 Michael P. Kreiling Fire Department Police Department $ 60.00 Planning; Inspection � � arr oF fRiDLEY LICENSES JANUARY 4, 1999 ELECTRICAL Willow River Electric Inc 2068 Hwy 46 � New Richmond WI 54017 Alfred Ascheman GAS SERVICES A-abc Appliance & Heating 2638 Lyndale Ave S P�Iinr.eapolis MN 554a8 Linda Dodd Environmental Systematics 1400 Selby Ave St Paul MN 55104 Gordon Jones Neil Heating & Air Cond Inc PO Box 29292 Minneapolis MN 55429 Neil Olson Residential Heating & Air 1815 E 41 St STE A Minneapolis MN 55407 Dean Kolner GENERAL CONTRACTOR-COMMERCIAL B C Exteriors 8417 Regent Ave N #115 Brooklyn Park MN 55443 Chris Cleath B W E Construction Co 476 Hawthorn Rd Lino Lakes MN 55014 Bruce Emerson Quick Set Panels Corp 801 Hubbard Ave St Paul MN 55104 Tim Kinateder Rossbach Construction Inc 2578 7 Ave E N St Paul MN 55109 Steve Rossbach STATE OF MINN RON NLKOWSKI Building Official Same Same Same RON JULKOWSKI Building Official Same Same Same GENERAL CONTRACTOR-RESIDENTIAL Home Owners Improvement Co (20146454) 9767 Brighton Lane Eden Prairie MN 55347 Robert White Needham Construction (20143425) 1983 Sloan P1 #5 Maplewood MN 55117 SMA Inc (20042927) 810 Lilac Dr # 114 Golden Valley MN 55422 Treichel Orville Construction (8019) 13819 Quinn St Andover MN 55304 HEATING � Alliance Mechanical Services Inc 1900 Oakcrest Ave STE 1 Roseville MN 55113 A-abc Appliance & Heating 2638 Lyndale Ave S Minneapolis MN 55408 Environmental Systematics 1400 Selby Ave St Paul MN 55104 Neil Heating & Air Cond Inc PO Box 29292 Minneapolis MN 55429 Residential Heating & Air 1815 E 41 St STE A Minneapolis MN 55407 SIGN ERECTOR Ace Sign Displays Inc PO Box 1593 Sioux City IA �51102 Kaufman Sign Company 1622 Central Ave NE Minneapolis MN 55413 Joe Needham Stevzn Arrell Grville Treichel Craig Holmer Linda Dodd Gordon Jones Neil Olson Dean Kolner Lee Umland Daniel Kaufman 17.03 STATE OF MINN Same Same Same RON NLKOWSKI Building Offcial Same Same Same Same RON JULKOWSKI Building Official Same Pascual Signs 10856 Hwy 81 � Maple Grove MN 55369 William Cragg Same 0 17.04 ESTI MATES JANUARY 4, 1999 UfY OF FRIDLEY Frederic W. Knaak, Esq. Hoistad and Knaak, P.L.C. 3535 VadnaES Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of December, 1998 ...................................................... $ 4,250.00 MEMORANDUM PLANNING DIVISION DATE: December 28, 1998 TO: Wiiliam Burns, City Manager ,,��,� � FROM: Barbara Dacy, Community Development Director Scott Hickock, Pianning Coordinator Paul Bolin, Planning Assistant RE: Public Hearing for Zoning Text Amendment, ZTA #98-03 M-98-264 REQUEST City staff has applied for a text amendment to the City Zoning Code to allow daycare centers in places of worship, schools, or other buildings having a lot area of at least 12,000 square feet, located on a local access street in the R-1, R-2, R-3, & R-4 zoning districts, as a special use with specific performance standards, per Sections 205.07.01.0 (4), 205.08.01.C.(4), 205.09.01.C.(3), and 205.10.01.C.(4) of the Zoning Code. In addition to the current perFormance standards identified in the code for daycare centers, additional performance standards are recommended in order to have a daycare center on a local access street. These standards include: • A minimum lot size of 12,000 square feet • Adequate area for a playground • Adequate and safe vehicle access areas to drop off and pickup children • Compliance with County and State standards regulating daycare centers BACKGROUND Churches have asked the City to investigate the possibility of amending the zoning ordinance to permit them to operate a daycare center on site when it abuts a local access street. Current regulations allow daycare centers in churches, schools, and other buildings, in residential zones, to be located on arterial and collector streets as a special use, but not on a local access street. Currently daycare facilities are permitted as a: • Home occupation in R-1 - R-4 Districts 19.01 • Special Use Permit in R-1 - R-4 Districts, provided they are located in churches, schools or other buildings located on an arterial or collector street. • Special Use Permit in the C-1 District • Permitted Use in C-2 a�id C-3 Districts � • A Special Use Permit in CR1 - General Office District • A Special Use Permit in M-1 and M-2 Districts RVE In September, a survey regarding day care centers in churches wa� mailed to the 254 households within 350' of all churches within the City of Fridley. .A total of 96 surveys were returned. A total of 72% of the respondents indicated that they would support a zoning change to allow day care centers in churches located on local access streets. Nearly 12% of the respondents indicated that they have had difficulty finding day care in Fridley. Also, nearly 38% indicated that if day care centers were allowed on local access streets they would have some concerns. The most common concerns were; increased traffic and traffic speed, possible parking problems, and the quality and professional care of the children. RECOMMENDATION City Staff recommends that the City Council hold the public hearing and receive comment on the proposed text amendment, ZTA 98-03, as presented. The following is the proposed text amendments to Sections 205.07.01.0 (4), 205.08.01.C.(4), 205.09.01.C.(3), and 205.10.01.C.(4) of the City of Fridley Zoning Code. The text amendment would allow places of worship, schools, and other buildings an opportunity to operate additional daycare centers in the City of Fridley. TEXT AMENDMENT, ZTA 98-03 Amending Section 205.07.01.C.(4) Change (4) to read (4) Day Care Centers provided that they are to be located in �- ;'� �$ e��s, schools, or in other buildings � �.. . �F;� , _ . �,� ,, � �: . -� � .� � � 19.02 R-2 Zoning District Amending Section 205.08.01.C.(4) __ Change (4) to read (4) Day Care Centers provided that they are to be located in '' ��es, schools, or in other building se�e�-s�ee�. Add (d) (d) .��?� �� ` ;s ��a�. � � , � � ,� : � R-3 Zoning District Amending Section 205.09.01.C.(3) Change (3) to read (3)Day Care Centers provided that they are to be located in �' ��,�� =n,�� ..< ��, r� s#�s�s, schools, or in other buildings �.. . �,,�-� � �, �; � � . - � �`� � ��,� �� . � � ,_ . _. . R-4 Zoning District Amending Section 205.10.01.C.(4) Change (4) to read (4) Day Care Centers provided that they are to be located in � s#��s, schools, or in other buildings se�es�e�-s#�ee�. �.. . �u _ ��,, �; � �� • — � � '� — � ,��6 e 19.03 MEMORANDUM DEVELOPMENT DIRECTOR 12/21/98 Date: 12/21/98 /},/ To: William W. Burns, City Manager ,,�'�� r s From: Barbara Dacy, Community Development Director � RE: Public Hearing for Application to the Department of Trade and Economic Development, Harker's Distribution, Inc. BACKGROUND Harker's Dis�ibution Inc. of LeMars, Iowa purchased the Ellison Fresh Cut meat manufacturing business at 7501 Commerce Lane in October 1998. Harker's has requested the City of Fridley to act as the legal sponsor for an applicarion to the Department of Trade and Economic Development's (DTED) Minnesota. Investment Fund. The application requests a$45,000 forgivable loan to assist the purchase of new machinery and equipment. The City, prior to submission of the application to DTED, must hold a public hearing. Harker's also intends to pursue an application to DTED for the Minnesota Job Skills Partnership program (the company partners with a technical school and provides on the job training for students), but the City is not directly involved in that application. PROPOSED PROJECT Harker's purchased the Ellison Fresh Cut meat facility located at 7501 Commerce Lane in Fridley, in October 1998. Prior to Harker's purchase of the company, Ellison had lost a major client that resulted in a loss of 70 percent of its business. The loss of this client jeopardized the future of the business and forced Ellison Fresh Cut to search for a buyer. During the search, employees from the Ellison Meat facility in Pipestone were used as a stopgap until a buyer was found. Ellison had employed 20 people. Ellison was laying off people and not refilling positions as they came open. 20.01 12/21/98 2 The total acquisition cost was approximately $1,142,000. About $1,039,000 was for the land, building, and the business. The remaining $103,000 was for purchase of existing equipment. The site is about 1.28 acres in size, and the existing building totals about 6,700 square feet. As a result of Harker's acquisition, at least 10 existing jobs will be retained. In the next two years, o Harker's intends to create 20 new jobs, including 12 production laborers, 5 sales representatives, a sales director and sales manager, and one office clerical position. The production laborers would ; be paid between $10 to $12 per hour. The sales director and manager would be salaried positions � earning between $45,000 -to $75,000 a year. Purchasing Ellison Fresh Cut in Fridley accomplishes Hazker's manufacturing expansion goal, since the facility will focus on producing custom cuts for �ne dining establishments, as well as serving other customers in the Midwest (the site will not be a slaughter facility). The custom cuts would primarily be beef cuts; however, the company would most likely expand into other products. The�site in Fridley may also become a potential location for a regional distribution center. Harker's will also purchase operational equipment for its manufacturing operation, including packaging equipment, conveyors, knives, and other cutting equipment. It is estimated that the company will need to purchase at least $100,000 of new equipment. The requested grant amoun't would help defray these costs. There is also an extensive amount of renovation that needs to be completed to the existing facility, including general remodeling of the floor and ceilings, creation of a break room for the additional employees, and creation of an office area within the building. Harker's has already initiated some of the remodeling work. Harker's may also consider expanding the building in two years if sales goals are met. Assuming that all zoning requirements can be met, the building could be expanded to 12,000 square feet. LOAN APPLICATION The application will request a loan from DTED for $45,000 for a term of two years at 5% interest. Under the DTED guidelines, the City may choose to forgive the loan or to create a revolving loan fund and keep the loan and interest payrnents. The City has sponsored previous applications (McGlynn Bakeries in 1992 and Cummins/Onan in 1997) and has used DTED's money as the source of the "grant" (forgiven loan). The City, in an effort to encourage companies to locate or stay in the City, has also agreed to assist with the application process for the company. The same approach is suggested for the Hazker's application. It is proposed that the loan will be forgiven after successful complerion of the job crearion and wage goals, and proper documentation of the equipment purchases. If DTED approves the application, the City will enter into a Grant Agreement with DTED. The agreement will require the City to monitor the company's job and wage creation performance on a semi-annual basis. If � Harker's does not achieve the job creation goals, they will have to reimburse the funds that were " advanced. , COMPANY HLSTORY Harker's is a privately owned meat processing and distribution business originally created in 1906. The Harker's Employee Handbook identified the following key events in the company's history: 12/21/98 2�■�2 2 ---�° `JAN-04—' 99 MON 08: 51 I D: HARKERS D I STR I BUT I ON TEL N0: �740 k'�1y 3 —,�,_. p, d� ,� �l �,p c �YL s .�tik . Cl � � �� IDLEY YTY COUNCIL MEETING � �"� FR C � Before I begin discussing Harker's purchase of Ellison Fresh Cut, i want to inform you that the City of Fridley is fortunate to employ Bazbara Dacy. • Barbara has been very accommodating, profess�onal and energetic. She represents Fridley well. • 1V�y pasatian with �arker's is the Director of Human Resou.rces. I have v�ith me Jim Ryan, Harker's Treasurer/Controller, an officer and shareholder of HDI who can answer any of your financial-related questions. • I believe most of you fiave reviewed the Harker's and Ellison acquisition project, so Y'll try not to be too redundant. • Briefly, Harker's is a food distribution company which also specializes in the production of a ful] line vf quality steaks. Our company employs 550 people, 225 in sales and distribution. Annual sales are $175 million. We matket a product line of over 900 items, of which our forte and expertise is "center-of- the-plate" meat products. Geographically, we cover an 18-state area and have nearly 24,000 customers. (SHOW MAP). Harker's has been in the food business for 93 years. • Ellison Fresh Cut employs 22 people who primarily custom cut fresh red meat steaks, veal and lamb. Their annual sales are $7 million and they 'sell products primarily to Minnesota food distributors. Ellison has been in business for 5'/z years. • Three months ago we met with Barbara and state reps to discuss possible city/state incentives. At that time we were also looking at fresh cut companies in Co]orado and Oklahoma. Each asked, "Why �llison's?" �-t.�AN-04-'99 MON 08:51 ID:HARKERS DISTRIBUTION TEL N0: #740 P02.. �-______ � Minneapolis is well-known for its upscale dining, and in this segment of the industry most oustomers demand fresh cut red meat, veal or lamb vs. frozen. Plus, they expect the product to be delivered the same day as ordered. • Fine dining in metro areas is considered as one of the fastest growing segments within the foodservice industry. • As we considered the acquisition of Ellison's, the company unfortunately lost over 60% of their business due ta a lazge distributor discontinuirg pwcha5e of Ellison product. • As a result, the company was faced with downsizing its workforce. Tts future was uncertain. • HDI made the decision to purchase. As a result, it has saved Ellison jobs and has already increased sales. We've brought optimism back to the Ellison workforce, increased wages and salaries, improved benefits, enhanced the conciition of the facility and equipment, and now anticipate doubling the current workforce within a 2-year time span. If things go as planned, we hope to initiate building expansion also. � HbI has invested $1.4 million for the purchase of Ellison Fresh Cut. As with any acquisition, there are additional direct and indirect costs involved. We have asked the City of Fridley and state of Minnesota for monetary assistance to help offset these costs. Please consider our requests. • We would be pleased to answer any questions from the council. 12/21/98 3 • George Harker, farmer and cattle buyer, started the family business in 1906 when he opened a meat market in Le Mars, lowa. • The first distribution route started in 1954. • �n 1986�; the Harker family sold the b�asiness #o #he Holly Farms Corpora#ien. • In 1989 Holly farms was acquired by Tyson Foods, who, because of their philosophy selling through brokers and distributors, chose to sell the Harker's distribution business. • In 1990 a management led buyout was completed making Harker's one of the largest food distributors in the central United States, and one of the top finrenty specialty food distributors in the nation. ' � In 1998, Harker's decided to re-enter the.steak manufacturing market. Harker's wants to expand its food processing and its sales and distribution activities in metropolitan areas in the Midwest. The Minneapolis/St. Paul area is one of six being evaluated by the company, Harker's intends to purchase at least three companies to further their manufacturing, sales, and distribution expansion goals. Harker's does not have an existing manufacturing facility in Minnesota, although they do have some distriburion sales. The company currently employs 530 people in 18 states, and has $175 million of annual sales. RECOMN�N�ATION Providing assistance to the company will not only retain existin opportuniries in Fridley. Harker's investment in Fridley also rep esen uh elxpans on of an out of state company into Minnesota, accomplishing one of the state's economic development objectives. Staff recommends the City Council conduct the public hearing. 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E c � � y � v" �`� o,� ,"c '3 '� s o L > �" L t . �n �n ev � C L � L 'r' '' •L .� L L ^ .0 C • . p C C L� C ea L p L� L O o '� s� 7+ b er=s � O s T.� u i c,uv, � L" O � ea y�.d sL � FO L L � � 'L� .�n �.�. .� ? O O. c=e vui � "U LiV��i�i✓�oo� w_� MEMORANDUM PLANNING DIVISION Date: 12/24/98 ,� ) � To: William Bums, City Manager�� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: First Reading of Proposed Text Amendment ZTA 98-03 M-98-256 INTRODUCTION The City of Fridley has been asked to consider a modfication of the zoning ordinance to allow daycare facilities in an expanded number of locations. PLANNING COMMISSION ACTION At the December 2, 1998 Planning Commission meeting, a public hearing was held for ZTA 98-03. The following is the motion and vote of the Planning Commission: MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend approval of Zoning Text Amendment, ZTA #98-03, by the City of Fridley to amend the zoning code to allow day care centers in places of worship, schools, or other buildings; having a lot area of at least 12,000 square feet; and licensed; in the R-1, R-2, R-3, and R-4 zoning districts as a special use with specific performance standards. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the recommendation of the Planning Commission and approve the first reading of the proposed text amendment, ZTA 98-03, as presented. � Attachments 12/22/98 � � 21.01 ? I i'1; ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.07.01.C.(4), 205.08.01.C.(4), 205.09.01.C.(3), AND 205.10.01.C.(4), �'O ALLOW, BY SPECIAL USE PERMIT, DAY CARE FACILITIES ON PROPERTIES THAT EXCEED 12,000 SQUARE FEET IN THE R-1, SINGLE FAMILY DISTRICT; R-2, TWO FAMILY DISTRICT; R-3, GENERAL MULTIPLE UNIT DISTRICT; AND R-4, MOBILE HOME PARK UI�TRfCT: WHEREAS, the City of Fridley has been asked to consider a modification to the zoning ordinance to allow daycare facilities in an expanded number of locations; and WHEREAS, the City investigated a modification to allow day care facilities as a special use in residential districts R-1, R-2, R-3, and R-4; on properties exceeding 'f2;000 square feet; and WHEREAS: the City surveyed property owners within 350 feet of those churches deemed to be likely candidates for day care facilities; and WHEREAS, the City determined that a majority of those surveyed supported a change to allow day care in the residential districts as a special use; and WHEREAS, in several cases those who responded have had difficulty finding a day care for their children; and WHEREAS, the Planning Commission held its public hearing for this matter on December 2, 1998, whereby the City solicited citizen comment regarding modification of the City Code; and WHEREAS, concerns of opposing survey respondents are issues that can be addressed through the City's special use permit process and through day care licensing procedures of the State of Minnesota and Anoka County. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: SECTION 1. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and hereby is, amended by enacting modifications to Code Sections 205.07.01.C. (4), 205.08.01.C.(4), 205.09.01.C.(3), and 205.10.01.C.(4), to be entitled, numbered and read as follows: 21.02 205.07. R-1 ONE-FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. The following are principal uses in R-1 Districts: (1) One-family dweAings. (2) Single family attached development as per conditions under Section 205.11 of this Code. � B. Accessory Uses. (1) The total floor area of all accessory buildings shall not exceed 1,400 square feet. (2) Any second accessory buildings in excess of 240 square feet shall require a Special Use Permit. (3) The maximum height for all accessory buildings shall not exceed fourteen (14) feet above grade. (4) The following are accessory uses in R-1 Districts: (a) A private garage is the first accessory building. It shall not exceed 100°/a of the first floor area of the dwelling unit or a maximum of 1,000 square feet. (b) Privately owned recreational facilities which are for the enjoyment and convenience of the residents of the principal use and their guests. (c) Home occupations. (d) The rental of guest, rooms to not more than two (2) persons per dwelling unit. (e) Solar energy devices as an integral part of the principal structure. C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in R-1 Districts: (1) Accessory buildings other than the first accessory building, over 240 square feet. (2) Churches. 21.03 (a) Building and site requirements and performance standards shall be equal to or greater than those outlined in the following CR-1 sections of the Code; 205.16.3, 205.16.4, 205.16.6 and 205.16.7. (b) A parking requirement of at least one (1) off-street parking space shall be provided for every three (3) fixed seats or for every five (5) feet of pew length in the main assembly hall. Additional parking may be required for additional church activities, such as day care, classroom and recreational activities. (Ref.888) (3) Private Schools. (4) Day Care Centers provided they are to be located in places of worshia sk�s�es, schools or in other buildings • (a) At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. (c) When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. (Ref. 864) (d) The minimum lot size is 12 000 sauare feet. (5) Private nonprofit golf courses, country clubs, yacht clubs, tennis courts, swimming pools and additional recreational uses, not an accessory use to the principal uses. (6) Utility companies having transformers, pumping stations and sub-stations subject to the following minimum requirements: (a) There must be conformity with the surrounding neighborhood with respect to setbacks, open spaces and architectural design. (b) It must be screened. (c) It must not have any regular employees. (d) The equipment must be completely enclosed in a structure. 21.04 (7) Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: (a) The minimum front yard setback is thirty-five (35) feet, except where adjacent property has existing front yard setbacks exceeding thirty-five (35) feet; additional front yard depth may be required. A side yard and rear yard minimum setback of ten (10) feet is required. (b) Proper screening, which includes a planting strip, fence or wall shall be provided or� the prope�ty. This must be substantial enough to create a physical separation between the parking tot and the adjoining properties involved and considered acceptable to the City. (8) Hospitals, clinics, nursing homes, convalescent homes and homes for the elderly. (9) Private radio or television antennas exceeding a height of twenty (20) feet above the dwelling roof. (10) Wind generators and other tower mounted energy devices exceeding a height of twenty (20) feet above the dwelling roof. (11) Solar energy devices NOT an integral part of the principal structure. (12) Exterior storage of materials. D. Additional Restrictions. For uses other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc., shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City. 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in R-1 Districts. 3. LOT REQUIREMENTS AND SETBACKS A. Lot Area. A minimum lot area of 9,000 square feet is required for a one-family dwelling unit, except: 21.05 (1) Where a lot is without City sanitary sewer, the minimum required lot area is 18,000 square feet. (2) Where a lot is one on a subdivision or plat recorded before December 29, 1955, the minimum required lot area is 7,500 square feet. (3) As allowed under Special District Regulations or Planned Unit Development District.Regulations. B. Lot Width. The width of a lot shall not be less than seventy-five (75) feet at the required setback, except: (1) On a subdivision or plat recorded before December 29, 1955, the minimum width of a lot is fifty (50) feet. (2) If lot splits are permitted with the lot width less than the required seventy-five (75) feet, the lot must still meet the most restrictive lot requirements and setbacks; except for the lot area and lot width. (3) As allowed under Special District Regulations or Planned Development District Regulations. C. Lot Coverage. Not more than twenty-five percent (25%) of the area of a lot shall be covered by the main building and all accessory buildings. D. Setbacks. (1) Front Yard: A front yard with a depth of not less than thirty-five (35) feet is required, except as noted in Section 205.04.4G. (2) Side Yard: (a) A side yard of ten (10) feet is required befinreen any living area and side property lines. (b) A side yard of five (5) feet is required befinreen an attached accessory building or use and a side property line except as stated in Section 205.04.5.B (2) and (3). (Ref. 888) 21.06 (c) Comer Lots: ((1)) The side yard width on a street side of a comer lot shall not be less than seventeen and one-half (17.5) feet. ((2)) When the lot to the rear of a comer lot has frontage along a side street, no accessory building on the comer lot within finrenty-five (25) feet of the common property line shall be closer to said side street than thirty (30) feet; provided however, that this regulation shall not be interpreted as to reduce the buildable width of a comer lot to less than finrenty-five (25) feet. ((3)) Any attached or unattached accessory building which opens on the side street, shall be at least finrenty-five (25) feet from the property line of a side street. (3) Rear Yard: (a) A rear yard with a depth of not less than finrenty-five percent (25%) of the lot depth is required with not less than twenty-five (25) feet permitted or more than forty (40) feet required for the main building. (b) Detached accessory buildings may be built not less than three (3) feet from any lot line in the rear yard not adjacent to a street. (4) Double Frontage: (a) The building lines will prevail in lieu of rear yard requirements. (b) The setback for garages and accessory buildings in the rear yard will be the same as for a front yard. 4. BUILDING REQUIREMENTS A. Height. No building shall hereafter be erected, constructed, reconstructed, altered, enlarged, or moved so as to exceed the building height limit of thirty (30) feet from finished grade level. B. Minimum Floor Area. (1) For lots having a 9,000 square foot lot area and a seventy-five (75) foot lot width, and for lots resulting from lot splits having less than 9,000 square feet and/or less than the seventy-five (75) foot lot width, the minimum gross floor 21.07 area of a single family dwelling shall not be less than 1,020 square feet of finished floor area per dwelling unit, provided that: (a) A one (1) level one-family dwelling unit of three (3) bedrooms or less shall have a minimum of 1,020 square feet of living area. (b; A one-family dwelling unit consisting of finro (2) full levels above grade shall rave a minimum of 1,020 squar2 feet of first floor area, at least 768 square #eet of which shall be living area and the dwelling shall have a garage attached thereto having a floor area not less than 396 square feet. (c) A one-family dwelling unit of a split level design of three (3) bedrooms or less shall have a minimum of 1,020 square feet of living area in the upper finro levels. (d) A finro (2) level dw�lling unit of the split entry design of three (3) bedrooms or less shall have a minimum of 768 square feet of gross floor area in each level provided: ((1)) The dwelling shall have a garage attached thereto having a floor area not less than 396 square feet. ((2)) The finished floor level of the upper level is not more than six (6) feet above grade. (e) A two (2) level dwelling unit having the upper level situated wholly or partly in the roof space provided: ((1)) The gross floor area of the first level above grade shall be not less than 864 square feet. ((2)) Each bedroom located in the upper level shall have a minimum of 120 square feet of floor area. ((3)) The dwelling shall have a garage attached thereto having a floor area not less than 396 square feet. (2) For lots less than 9,000 square feet, the dwelling shall have a first floor area of not less than 768 square feet exclusive of accessory buildings or an attached garage. C. Basement. All one-family dwellings constructed on vacant lots, as of January 1, 1983 shall have a basement except if located in a flood plain area. 21.08 5. PARKING REQUIREMENTS A. General Provisions. (1) A minimum of two (2) off-street parking stalls shall be provided for each dwelling unit. (2) The required parking stalls shall not be located in any portion of the required front yard except on a driveway or hardsurfaced parking space approved by the City. (3) All driveways and parking stalls shall be set back three (3) feet from any property line except as agreed to in writing by adjacent property owners and filed with the City. B. Garage Requirements. (1) All lots having a minimum lot area of 9,000 square feet or resulting from a lot split shall have a double garage. (2) All lots having a lot area less than 9,000 square feet and greater than 7,500 square feet shall have a single garage. (3) The above requirements shall satisfy the off-street parking stall requirement. 6. PERFORMANCE STANDARDS A. Parking Requirements. (1) Existing Facilities: (a) At least one (1) off-street parking stall shall be provided for each dwelling unit. (b) The required parking stall shall not be located in any portion of the required front yard, except on a driveway or hardsurfaced parking space approved by the City, and set back a minimum of three (3) feet from the side property line, except as agreed to by adjacent property owners. (c) A garage shall satisfy the off-street parking statl requirement. (2) All driveways and, parking stalls shall be surtaced with blacktop, concrete or other hard surface material approved by the City. a 21.09 B. Prohibited Parking. No outside parking or storage of motor vehicles shall occur except on approved hardsurface driveways and parking stalis. (Ref. 1017) C. Exterior Storage. (1) Nothing shall be stored in the required front yard, (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right of way except for stacked firewood, boats, and trailers placed in the side yard. (3) The City shall require a Special Use Permit for any exterior storage of materials, excepi for B(2) above. D. Refuse. All waste materials, refuse or garbage shall be contained in closed containers as required under the chapter entitled "Waste Disposal" of the Fridley City Code. E. Drainage and Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum finished ground grade for any structure in order to allow proper drainage and a minimum top of footing elevation to allow for connection to City utilities. The maximum slope (grade) on a driveway shall not exceed 1:10 (10%) above established curb grade. F. Landscaping. The following shall be minimum criteria for landscaping: (1) Sodding and landscaping shall extend across the entire front yard and side yards, including the boulevard. (2) All open areas of any site; except for areas used for parking, driveways or storage, shall be sodded, seeded or have vegetative cover. 21.10 (3) Ali uses shall provide water facilities to yard areas for maintenance of landscaping. (4) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter and junk. G. Maintenance. It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other materiat that is extensive an d gives evidence of long neglect. (2) The protective surFace on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural surface against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than finrenty-five percent (25%) of the area of any plane or wall on which the protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or (b) More than finrenty-five percent (25%) of the pointing of any brick or stone wall is loose or has fallen out. (3) Every yard and all structures, walls, fences, walks, steps, driveways, landscaping and other exterior developments shall be maintained in an attractive, well kept condition. (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. H. Essential Services. (1) Connection is required on each lot senred by City sanitary sewer. (2) Connection is required on each lot senred by a City water line. 21.11 205.08. R-2 TWO-FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. The following are principal uses in R-2 Districts: (1 } Two-family dwellings. (2) One-family dw�llings. (3) Single family attached development as per conditions under Section 205.11 of this Code. B. Accessory Uses. (1) Only finro (2) accessory buildings allowed per dwelling unit. (2) The total floor area of all accessory buildings shall not exceed 1400 square feet. (3) Any second accessory building in excess of 240 square feet shall require a Special Use Permit. (4) The following are accessory uses in R-2 Districts: (a) A private garage is the first accessory building. It shali not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 square feet. (b) Privately owned recreational facilities which are for the enjoyment and convenience of the residents of the principal use and their guests. (c) Home occupations. (d) The rental of guest rooms to not more than two (2) persons per dwelling unit. (e) Sotar energy devices as an integral part of the principal structure. C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in R-2 Districts: 21.12 (1) Accessory buildings, other than the first accessory buiiding, over 240 square feet. (2) Churches. (a) Building and site requirements and performance standards shall be equal to or greater than those outlined in the following CR-1 sections of the Code; 205.16.3, 205.16.4, 205.16.6 and 205.16.7. (b) A parking requirement of at least one (1) off-street parking space shall be provided for every three (3) fxed seats or fo�r every five (5) feet of pew length in the main assembly hall. Additional parking may be required for additional church activities, such as day care, classroom and recreational activities. (Ref.888) (3) Private Schools. (4) Day Care Centers provided they are to be located in alaces of worshiR sk��sk�es, schools or in other buildings . (a) At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. (c) When the provisions for required parking space is inadequate, the City . may require additional off-street parking be provided. (Ref. 864) (d) The minimum lot size �s 12 000 s�uare feet (5) Private nonprofit golf courses, country clubs, yacht clubs, tennis courts, swimming pools and additional recreational uses, not an accessory use to the principal uses. (6) Utility companies having transformers, pumping stations and substations subject to the following minimum requirements: (a) There must be conformity with the surrounding neighborhood with respect to setbacks, open spaces and architectural design. (b) It must be screened. 21.13 (c) It must not have any regular employees. (d) The equipment must be completely enclosed in a structure. (7) Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: (a) The minimum fron# yard setback is th�rty-five (35) feet, except whece adjacent property has existing front yard setbacks exceeding thirty-five (35) feet; additional front yard depth may be required. A side yard and . _ rear yard minimum setback of ten (1Q) feet is reyuired. (b) Proper screening, which includes a planting strip, fence or wall shall be provided on the property. This must be substantial enough to create a physical separation between the parking lot and the adjoining properties involved and considered acceptab�e to the City. (8) Hospitals, clinics, nursing homes, convalescent homes and homes for the elderly. (9) Private radio or television antennas exceeding a height of twenty (20) feet above the dwelling roof. (10) Wind generators and other tower mounted energy devices exceeding a height of twenty (20) feet above the dwelling roof. (11) Solar energy devices NOT an integral part of the principal structure. (12) Exterior storage of materials. D. Additional Restrictions. For uses, other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc. shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City. 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in R-2 Districts. 3. LOT REQUIREMENTS AND SETBACKS All requirements of this Section are for finro-family dwellings. One-family.dwellings in this district shall be subject to the R-1 District regulations. 21.14 A. Lot Area. A minimum lot area of 10,000 square feet is required for a two-family dwelling unit. B. Lot Width. The width of a lot shall not be less than seventy-five (75) feet at the required setback. C. Lot Coverage. Not more than thirty percent (30%) of the area of a lot shalf be covered by the main building and all accessory buildings. D. Setbacks. (1) Front Yard: A front yard with a depth of not less than thirty-five (35) feet is required, except as noted in Section 205.04.4G. (2) Side Yard: (a) A side yard of ten (10) feet is required between any living area and side property lines. (b) A side yard of five (5) feet is required befinreen an attached accessory building or use and side property line. (c) Comer Lots: ((1)) The side yard width on a street side of a comer lot shall be not less than seventeen and one-half (17.5) feet. ((2)) When the lot to the rear has frontage along a side street, no accessory building on a corner lot, within twenty-five (25) feet of the common property line, shall be closer to said side street than thirty (30) feet; provided, however, that this regulation shall not be so interpreted as to reduce the buildable width of a comer lot to less than finrenty-five (25) feet. ((3)) Any attached or unattached accessory building which opens on the side street, shall be at least twenty-five (25) feet from the property line of a side street. 21.15 (3) Rear Yard: (a) A rear yard with a depth of not less than finrenty-five percent (25%) of the lot depth is required with not less than twenty-five (25) feet permitted or more than forty (40) feet required for the main building. (b) Detached accessory buildings may be built not less than three (3) feet from any lot line in the rear yard not adjacent ta a street. (4) Double Frontage: (a) The building lines will prevail in lieu of rear yard requirements. (b) The setback for garages and accessory buildings in the rear yard will be the same as for a r"ront yard. 4. BUILDING REQUIREMENTS A. Height. No building shall hereafter be erected, constructed, reconstructed, altered, enlarged or moved, so as to exceed the building height limit of thirty (30) feet. B. Minimum Floor Area. In a two-family dwelling, the minimum total floor area shall be 1400 square feet, the minimum living area of any dwelling unit shall be 650 square feet, and in no case shall the first floor area be less than 768 square feet. 5. PARKING REQUIREMENTS A. General Provisions. (1) At least two (2) off-street parking stalls shall be provided for each dwelling unit. (2) The required parking stalls shall not be located in any portion of the required front yard, except on a driveway or hardsurfaced parking space approved by the City. (3) All driveways and parking stalls shall be set back three (3) feet from any property line except as agreed to by adjacent property owners. 21.16 B. Garage Requirements. (1) A two (2) stall garage is required for each dwelling unit. (2) This garage shall satisfy the off-street parking stall requirement. 6. PERFORMANCE STANDARDS A. Parking Requirements. (1) An existing one ar�d one-half (1-1/2) stall garage for each dwelling unit shall satisfy the off-street parking stall requirement. (2) All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B. Prohibited Parking. No outside parking or storage of motoc vehicles shall occur except on approved hardsurface driveways and parking stalls. (Ref. 1017) C. Exterior Storage. (1) Nothing shall be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of-way except for stacked firewood, boats and trailers placed in the side yard. (3) The City shall require a Special Use Permit for any exterior storage of materials, except for B(2) above. D. Refuse. All waste materials, refuse or garbage shall be contained in closed containers as required under the Chapter entitled "VVaste Disposal" of the Fridley City Code. E. Drainage And Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The foltowing minimum criteria shall apply: (1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. 21.17 (2) The City may specify a minimum finished ground grade for any structure in order to allow proper drainage and a minimum top of footing elevation to allow for connection to City utilities. F. Landscaping. The following shall be minimum criteria for landscaping: (1) Sodding and landscaping shall �xtend across the entire fronf yard and side yards, including the boulevard. (2) All open areas of any site, except for areas used for parking, driveways or storage, shall be sodded, seeded or have vegetative cover. (3) All uses shaU provide water facilities to yard areas for maintenance of landscaping. (4) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter or junk. G. Maintenance. It shall be the responsibility of the properly owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that gives evidence of long neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural surFace against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: . (a) More than twenty-five percent (25%) of the area of any plane or wall on which the protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or (b) More than twenty-five percent (25%) of the poinfing of any brick or stone wall is loose or has fallen out. (3) Every yard and all structures, walls, fences, walks, steps, driveways, landscaping and other exterior developments shall be maintained in an attractive, well kept condition. 21.18 (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. H. Essential Services. (1) Connection is required on each lot senred by City sanitary sewer. (2) Connection is required on each lot served by a City water line. 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. The following are principal uses in R-3 Districts: (1) Multiple dwellings and multiple dwelling complexes including rental and condominium apartments. (2) Single family attached development as per conditions under Section 205.11 of this Code. (3) Two-family dwellings. (4) One-family dwellings. B. Accessory Uses. The following are accessory uses in R-3 Districts. (1) Parking areas and garage structures of adequate size to handle the required parking for the principal use. The parking requirements shall be satisfied by the combination of garage and unenclosed spaces. (2) Maintenance, management or recreation buildings incidental to the development. (3) Privatefy owned recreational facitities including swimming pools and tennis courts, intended solely for the enjoyment and convenience of the residents of the principal use and their guests. 21.19 (4) Accessory uses for tenants provided they are intended only for the residents of the principal use and their guests and have no advertising or display visible ftom the outside of the building. Not more than ten percent (10%) of the gross floor area of a structure may be devoted to these accessory uses. (5) Solar energy devices as an integral part of the principal structure. (6) Licensed home based Family Day Care as defined in Section 205.03.32.F. of the City Code. (Ref 864) C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in R-3 Districts: (1) Churches. (a) Building and site requirements and performance standards shall be equal to or greater than those outlined in the following CR-1 sections of the Code; 205.16.3, 205.16.4, 205.16.6 and 205.16.7. (b) A parking requirement of at least one (1) off-street parking space shall be provided for every three (3) fixed seats or for every five (5) feet of pew length in the main assembly hall. (c) Additional parking may be required for additional church activities, such as day care, classroom and recreational activities. (Ref. 888) (2) Private Schools. (3) Day Care Centers provided they are to be located in �la es of worshi� sl�sk�es, schools or in other buildings � (a) At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. (b) Reduction of parking spaces he art clu�a rna uhe opthe' propos d use o Qother f o r p a r k i n g s t a l l s, d u e t o t p considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of require d par king spac e s. (c) When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. (Ref. 864) (d) Th� minimum I t s�iie is 12 00�►�are feet. 21.20 (4) Private, nonprofit golf courses, country clubs, yacht clubs, tennis courts, swimming pools and additional recreational uses not an accessory use to the principal uses. (5) Utility companies having transformers, pumping stations and substations must conform with the surrounding neighborhood with respect to setbacks, open spaces and architectural design and must be screened. (6) Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: (a) The minimum front yard setback is thirty-five (35) feet, except where adjacent property has existing front yard setbacks exceeding thirty-five (35) feet; additional front yard depth may be required. A side yard and r�ar yard minimum setback of ten (10) feet is required. (b) Proper screening, which includes a planting strip, fence or wall shall be provided on the property. The screening must be substantial enough to create a physical separation between the parking lot and the adjoining properties involved. (7) Hospitals, clinics, nursing homes, convalescent homes and homes for the elderly. (8) Hi-rise apartments, provided the following conditions are met, plus any additional requirements the City Council shall consider reasonably necessary: (a) A minimum lot area of one and one-half (1-1/2) acres. (b) Landscaping a minimum of twenty-five percent (25%)'of the property. (c) A maximum lot coverage of thirty percent (30%). (d) Adequate parking facilities. (e) The minimum building setback shall be fifty (50) feet from any property line. (fl A minimum height of seven (7) stories. (9) Hotels and Motels. (10) Wind generators and other tower mounted energy devices exceeding a height of finrenty (20) feet above the dwelling roof. (11) Solar energy devices NOT an integral part of the principal structure. 21.21 (12) Exterior storage of materiais. D.Additionai Restrictions. For uses, other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc. shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City. 2. USES EXCLUDED Any use allowed or excluded in any uther distnct unless specifically allowed under Uses Permitted of this district are excluded in R-3 Districts. 3. LOT RE(�UIREl1AENTS AND SETB�lCKS Lot requirements of this Section are for three (3) or more dwelling units. Two-family dwellings in this district shall be subject to the R-2 District regulations and one-family dwellings shall be subject to the R-1 District regulations. A.Lot Area. (1) A lot area of not less than 10,000 square feet is required for a three (3) family dwelling. (2) A minimum lot area of 15,000 square feet is required for a four (4) family dwelling with an additional 1,000 square feet for each unit over four (4). (3) The average lot area required per dwelling unit shall not be less than 2,500 square feet per unit for the first three (3) stories with an additional 950 square feet per unit from the fourth through sixth stories. (4) For each underground parking stalt, 300 square feet may be deducted from the minimum lot area requirement. B.Lot Width. (1) A minimum lot width of seventy-five (75) feet is required for a three (3) family dwelling. . (2) A minimum lot width of eighty-five (85) feet is required for a multiple dwelling of four (4) or more units. C.Lot Coverage. 21.22 Not more than finrenty percent (20%) of the lot area shall be covered by the main building and not more than thirty percent (30%) of the lot area shail be covered by the main building and all accessory buildings. D.Setbacks. (1) Front Yard: A front yard with a depth of not less than thirly-�ve (35) feet is required for all structures. (2) Side Yard: (a) Two (2) side yards are required, each with a width of not less than fifteen (15) feet, except where the height of the building exceeds thirty-five (35) feet, one (1) additional foot of width on each side yard is required for each four (4) feet, or portion thereof, of building height in excess of thirty-five (35) feet. (b) Where a driveway is to be provided in the side yard, the minimum required side yard is twenty-five (25) feet. (c) Where a side yard abuts a street of a comer lot, the side yard requirement is a minimum of thirty-five (35) feet. (d) Accessory buildings shall be set back a minimum of five (5) feet from any property line in the side and rear yards not adjacent to a street right-of-way. Those structures adjacent to street right-of-way shall be set back thirty-five (35) feet. (3) Rear Yard: A rear yard with a depth of not less than twenty-five percent (25%) of the lot depth is required, with not less than twenty-five (25) feet permitted or more than forty (40) feet required for a multiple dwelling building, and not less than thirty (30) feet permitted or more than seventy-fve (75) feet required for any other kind of main building, provided that one (1) additional foot of depth for rear yard is required for each two (2) feet or portion thereof of building height in excess of thirty-five (35) feet. 4. BUILDING REQUIREMENTS A.Height. A maximum of six (6) stories, but not exceeding sixty-five (65) feet, provided that no building shall be erected to a height exceeding forty-five (45) feet within fifty (50) feet of any R-1 or R-2 District, without one (1) additional foot of space between the main 21.23 building and the R-1 and R-2 District for each one (1) foot or portion of building height over forty-five (45) feet. B.E�cterior Materials. The type of building materials used on exterior walls shall be face brick, natural stone, specifically designed precast concrete, factory fabricated and finished metal frame paneling, glass or other materials approved by the City. C.Storage Space. Forly (40) square feet of floor area, floor to ceiling, shail be provided per d�relPing ut�it for storage. A minimum of twenty (20) square feet of storage shall be provided in the dwelling exclusive of the dwelling unit. The remaining required storage area may be located anywhere on the fot (as hereby defir�ed herein) provided this area is convenient and not located or included in the storag� space within each individual dwelling unit. The storage space for each dwelling unit shall be enclosed and separated from other storage spaces. D.Laundry Facilities. One (1) washer and one (1) dryer will be required in structures containing 4 units. Two (2) washers and two (2) dryers will be required in structures containing five (5) to finrelve (12) units. One (1) washer and one (1) dryer will be required for each eight (8) units or fractions thereof in structures containing thirteen (13) to 100 units. One (1) washer and one (1) dryer will be required for each additional ten (10) units or fraction thereof in those structures containing over 100 units. E.Floor Areas. (1) An efficiency apartment is a dwelling unit which contains not less than 400 square feet or more than 525 square feet of floor area in a multiple dwelling in which there may or may not be a separate bedroom. In any one (1) stru�ture containing four (4) dwelling units or more, not more than twenty-five percent (25%) of the units shall be efficiency units. (2) Except for efficiency apartments, each single bedroom dwelling unit shall contain not less than 525 square feet in total floor area and not less than 650 square feet in total floor area for finro (2) bedrooms. For units containing more than finro (2) bedrooms, the total floor area is increased not less than 125 square feet more for each additional bedroom. Further, no room therein designated as a bedroom or actually used for regular sleeping purposes shall contain less than eighty (80) square feet of floor area exclusive of walls and partitions. F. Living Space. 21.24 The dwelfing structure site and each dwelling unit therein is designed to provide adequate and healthful residential living space to its occupants. Each unit therein shall be designed to provide living space accommodations of not less than 200 square feet of floor area for each aduit and 125 square feet of floor area for each minor in the unit. 5. PARKING REQUIREMENTS A. Reduction of Parking. When shown by the applicant that the provisions of space required for parking stalls due to the particular nature of the proposed use or other considerations would be an unnecessary hardship, reduction of parking stalls would be allowed provided that adequate open space is provided to meet the total number of required stafls. B. Additional Parking. When the provisions for parking space required for specific district uses is inadequate, the City may require additional off-street parking to be provided. C. Parking Ratio. (1) At least one and one-half (1-1/2) spaces per one (1) bedroom unit, plus one-half (1/2) space for each additional bedroom unit per dwelling unit. (2) At least one (1) off-street parking space shall be provided for each lodging room of a hotel or motel, plus one (1) additional space for each four (4) units of a hotel or motel complex. (3) Handicap parking spaces will be provided as established in Table 55A of the State Building Code. D. Design Requirements. (1) Drainage. All driveways and parking areas, except those for less than four (4) vehicles, shall be graded according to a drainage plan which has been approved by the City. (2) Lighting. Any lighting used to illuminate an off-street parking area shall be shaded or diffused to reflect the light away from adjoining property and traffic. (3) Curbing 21.25 The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck loading spaces or other hard surface areas that handle motor vehicle traffic shalf be curbed with a poured six (6) inch high cbncrete curb and gutter. (a) Curbing shall be required around safety islands. (b) Curb cuts:-and ramps for the handicapped shall be installed a� required by State law. (c) Construction shall be �n accordance with curbing specifications on file at the City. (d) The City may exempt curbing: ((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot and satisfies the curbing requirements. ((2)) Where the City has approved future expansion. (4) Driveway Requirements. (a) A maximum driveway width of thirty-two (32) feet at the curb opening, excluding the entrance radii, can be constructed. (b) The parking aisle shall be a minimum of twenty-five (25) feet in width for two-way traffic and eighteen (18) feet in width for one-way traffic. (c) The edge of the curb opening to a parking area with four (4) or more stalls shall not be closer to the nearest portion of a street right-of-way intersection than seventy-five (75) feet, or finro-thirds (2/3) of the lot width, whichever is smaller. (d) Where a"T" intersection exists, a drive may be located opposite the end of the intercepted street. (e) The minimum driveway angle to the street shall be sixty (60) degrees. (5) All parking and hard surfaced areas shall be: (a) No closer than finrenty (20) feet from any street right-of-way. (b) No closer than five (5) feet from any side lot line, except for a common drive. 21.26 (c) No cioser than five (5) feet from any rear lot line unless adjacent to an alley, then the setback shall be increased to fifteen (15) feet. (d) No closer than five (5) feet from any building. (e) Curbed with minimum driveway access radii of ten (10) feet to match the existing street curb. (6) vff-street parking shall be provided for a(i vehicles concerned with any use on the lot. (7) Parking lots with more than four (4) parking stalls shall be striped. (8) Sufficient concrete areas may be required for motorcycle parking in addition to th� required veh�cle parking stalls. (9) Bike racks may be required in an area that is convenient to each major building entrance and will not disrupt pedestrian or vehicular traffic or fire lanes. (10) Safety signs, markings and traffic control devices may be required to promote vehicular and pedestrian safety. (11) Parking stalls may be nine (9) feet in width for multiple dwellings and multiple dwelling complexes, including rental and condominium apartments. (Ref. Ord. 952, 971) 6. LANDSCAPE REQUIREMENTS A. Scope. All open areas of any site, except for areas used for parking, driveways, or storage shall be landscaped and incorporated in a landscape plan. (1) All new developments requiring a building permit shall comply with the requirements of this section. (2) Existing developments shall comply with the requirements of this section if one or more of the following applies: (a) At the time of a building expansion or alteration which dictates the necessity for additional parking or hardsurface areas in excess of four (4) stalls. (b) Building alterations which dictate a change in use such that the parking area must be expanded in excess of four (4) stalls. 21.27 (c) Construction of additional loading docks. (d) Construction of new parking areas in excess of four (4) stalls. (3) If full compliance cannot be achieved due to site constraints, partial compliance as determined by the City shall be enforced. (4) The requirements of this section shall not be required for building alterations. which do not affect the exteriorportions of the site. B. Bonding Requirement The City shall retain a performance bond, cash or letter of credit, as required in Section 205.05.06.A.(3) of the zoning code for one growing season after the installation of landscape materials is completed. C. Plan Submission and Approval. (1) A landscape plan shall be submitted to and approved by the City prior to issuance of a building permit or prior to approval of outside improvements not related to building improvements. A plan shall not be required for routine replacement of existing materials or the installation of new materials when not associated with a building project. (2) The following items shall appear on the landscape plan: (a)General. ((1)) Name and address of owner/developer. ((2)) Name and address of architecUdesigner. ((3)) Date of plan preparation. ((4)) Dates and description of all revisions. ((5)) Name of project or development. ((6)) Scale of plan (engineering scale only) at no smaller than 1 inch equals 50 feet. ((7)) North point indication. (b) Landscape Data. 21.28 ((1)) Planting schedule (table) containing: ((a)) Symbols. ((b)) Quantities. ((c)) Common names ((d j) Botanical r�ames. ((e)) Sizes of plant material at time of planting. ((fl) Root specification (B.R., B& B, potted, etc.). ((g)) Special planting instructions. ((2)) Existing tree and shrubbery, locations, common names and approximate size. ((3)) Planting detail (show all species to scale at normal mature crown diameter, or spread for local hardiness zone). ((4)) Typical sections in detail of fences, tie walls, planter boxes, tot lots, picnic areas, berms, and other similar features. ((5)) Typical sections of landscape islands and planter beds with identification of materials used. ((6)) Details of planting beds and foundation plantings. ((7)) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. ((8)) Delineation of both sodded and seeded areas with total areas provided in square feet, and slope information. ((9)) Coverage plan for underground irrigation system, if any. ((10)) Statement or symbols, to describe exterior lighting plan concept. (c) Special Conditions: Where landscape or man-made materials are used to provide required screening from adjacent and neighboring properties, a cross-section shall be provided through the site and adjacent properties to show property elevation, existing buildings and screening in scale. 21.29 D.Landscaping Materiais; Definitions. All plant materials shall be living plants. Artificial plants are prohibited. (1) Grass and ground cover. (a) Ground _.cover shall be planted in such a manner as to present a finished � app�arance and reasonably complete coverage within-twelve (12) months after planting, with proper erosion control during plant establishment period. Exception ta this is undisturbed areas containing natural vegetation which can be maintained free of foreign and noxious materials. (b) Accepted ground covers are sod, seed, or other organic material. The use of rock and bark muleh shall be limited to areas around other vegetation (i.e. shrubs) and shall be contained by edging. (2) Trees. (a)Over-story Deciduous. ((1)) A woody plant, which at maturity is thirty (30) feet or more in height, with a single trunk un-branched for several feet above the ground, having a defined crown which looses leaves annually. ((2)) Such trees shall have a 2 1/2 inch caliper minimum at planting. (b) Ornamental. ((1)) A woody plant, which at maturity is less than thirty (30) feet in height, with a single trunk un-branched for several feet above the ground, having a defined crown which looses leaves annually. ((2)) Such trees shall have a 1 1/2 inch caliper minimum at planting. (c)Coniferous. ((1)) A woody plant, which a maturity is at least thirty (30) feet or more in height, with a single trunk fully branched to the ground, having foliage on the outermost portion of the branches year-round. ((2)) Such trees shall be six (6) feet in height at planting. (3)Shrubs. 21.30 (a) Deciduous or evergreen plant materiai, which at maturity is fifteen (15) feet in height or less. Such materials may be used for the formation of hedges. Such materials shall meet the following minimum standards at time of planting: ((1)) Dwarf deciduous shrubs shall be eighteen (18) inches tall. ((2)) Deciduous shrubs shatl be twenty-four �24) inches tail, except as in Section D below. ((3)) Evergreen shrubs shall be of the eighteen (18) inch classification. (4)Vines. Vines shall be at least finrelve (12) inches high at planting,and are generally used in conjunction with walls or fences. (5)Slopes and Berms. (a) Final slope grades steeper than 3:1 will not be permitted without special approval or treatment such as terracing or retaining walls. (b) Earth berm screening parking lots and other open areas shall not have slopes exceeding 3:1. A minimum three (3) foot berm is required. E.Perimeter Landscaping; Standards. (1) In order to achieve landscaping which is appropriate in scale with the size of a building and site, the minimum standards apply: (a) One (1) tree for every one thousand (1,000) square feet of total building floor area or one (1) tree for every fifty (50) feet of site perimeter, whichever is greater. A minimum of thirty (30) percent of the trees required will be coniferous. (b) Two (2) ornamental trees can be substituted for every one (1) over-story deciduous shade tree. In no case shall omamental trees exceed fifty (50) percent of the required number of trees. (c) Parking and driving areas between the building and frontage street shall be screened in the following manner: ((1)� A continuous mass of plant materials; minimum of three (3) feet in height at time of planting; or 21.31 ((2)) A continuous earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height; or ((3)) A combination of earth berms and plant materials such that a minimum of three (3) feet of continuous screening is achieved. F.Interior Parking Lot Landscaping Standards. (1 � AI! parking areas containing over one hundred (100) stalls shall include unpaved, landscaped islands that are reasonably distributed throughout the parking area to break up the expanses of paved areas. Landscaped islands shall be provided every two hundred fifty (250) feet or more of uninterrupted parking stalls. (2) All landscaped islands shall contain a minimum of one hundred eighty (180) square feet with a minimum width of five (5) feet and shall be provided with deciduous shade trees, or omamental, or evergreen trees, plus ground cover, mulch, and/or shrubbery, in addition to the minimum landscape requirements of this ordinance. Parking area landscaping shall be contained in planting beds bordered by a six (6) inch raised concrete curb. (3) Trees shall be proyided at the rate of one tree for each fifteen (15) surface parking spaces provided or a fraction thereof. G.Screening and Buffering Standards. (1) Where the provided � manner: parcel abuts park or residentially zoned property, there shall be landscaped buffer which shall be constructed in the following (a) A screening fence or wall shall be constructed within a five (5) foot strip along the property line(s) abutting the park or residentially zoned property. Said fence or wall shall be constructed of attractive, permanent finished materials, compatible with those used in the principal structure, and shall be a minimum of six (6) feet high and a maximum of eight (8) feet high. Chain link fences shall have non-wooden slats when used for screening purposes; or (b) A planting screen shall be constructed in a fifteen (15) foot strip and shall consist of healthy, fully hardy plant materials and shall be designed to provide a minimum year-round opaqueness of eighty (80) percent at the time of maturity. The plant material shall be of sufficient height to achieve the required screening. Planting screens shall be maintained in a neat and healthful condition. Dead vegetation shall be promptly replaced.� 21.32 (c) If the existing topography, natural growth of vegetation, permanent buildings or other bamers meet the standards for screening as approved by the City, they may be substituted for all or part of the screening fence or planting screen. (2) All loading docks must be located in the rear or side yards and be screened with a six (6) foot high minimum solid screening fence if visible from a public right-of- way or if within thirty (30) feet of a residential districts. (3) All extemal loading and service areas accessory to buildings shall be completely screened from the ground level view from contiguous residential properties and adjacent streets, except at access points. H.Credit for Large Trees. The total number of required over-story trees may be reduced by one-half (1/2) tree for each new deciduous tree measuring three (3) inches or more in diameter, or each new coniferous tree measuring eight (8) feet or more in height. In no event, however, shall the reduction be greater than twenty-five (25) percent of the total number of trees required. I.Credit for Existing Trees The total number of required new over-story trees may be reduced by the retention of existing over-story trees provided that the following conditions are satisfied: (1) Such trees are four (4) inches or greater in caliper measured six (6) inches from soil level. (2) For each existing tree meeting the requirement, two trees as required in section D above may be deleted. (3) Proper precautions to protect trees during development shall be indicated on grading plans submitted for plan review. Such precautions are outlined in section J. These precautions shall be included in the landscape surety. J.Imgation. Underground irrigation shall be required to maintain all landscaped, boulevard, front and side yard areas. K.Installation. (1) The following standards shall be met when installing the required landscaping: 21.33 (a) Plant materials shall be located to provide reasonable access to all utilities. (b) All required screening or buffering shall be located on the lot occupied by the use, building, facility or structures to be screened. No screening or buffering shall be located on any public right-of-way. (c) Sodded areas on slopes shall be staked. (d) Seeded areas shall be mulched �vith straw to prevent �rosion. Hydro mufching is acceptable. . (e) Oak trees shall be surrounded by snow fence or other means at their �lrip line to prevent compaction of their root systems. (fl -Plantings shall �ot be placed st� as to obstruct lines of sight at street comers and driveways. (g) No plant materials reaching a mature height of twenty (20) feet or more shall be planted within a twenty-five (25) foot lineal path of the centerline of an overhead power line. (2) The applicant shall install all landscape materials within one year; but shall have three (3) years within which to install the required landscaping if the following minimum standards are met: (a)First year. ((1)) All grading is completed, including installation of berms. ((2)) The required imgation system is installed. ((3)) Areas to be seeded and/or sodded are installed. ((4)) Screening for adjacent residential areas is installed, if required. ((5)) Twenty-five (25) percent of the required over-story trees are installed. ((6)) Twenty-five (25) percent of the perimeter landscaping is installed. (b)Second year. ((1)) The remainder of the perimeter landscaping is installed. ((2)) Interior landscaping is installed. 21.34 ((3)) Fifty (50) percent of the remaining required over-story trees are installed. (c)Third year. Any remaining landscaping shall be installed. L.Maintenance. (1) The property owner shalt be responsible for replacement of any deaci trees, shrubs, ground covers, and sodding. If any plant materials are not maintained or replaced, the property owner shall have, upon written notification from the City, one growing season to replace said materials before the City shall maintain or replace said plant materials and assess the property for the costs thereof. Plant materials need not be replaced specie for specie; however, in no case shall the number of plant materials be reduced from the minimum that is required by this section when replacing dead plant materials. (2) Screen fences and walls which are in disrepair shall be repaired. (3) All vacant lots, tracts, or parcels shall be properly maintained in an orderly manner free of litter and junk. (Ref. Ord. 960) 7. PERFORMANCE STANDARDS A. Parking Requirements. Existing Facilities: (1) Off-street parking facilities shall be no closer than twenty (20) feet from any street right-of-way. (2) All driveways, parking areas and loading docks shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B.Prohibited Parking. No outside parking or storage of motor vehicles shall occur except on approved hardsurface driveways and parking stalls. (Ref. 1017) C. Exterior Storage. (1) A. Nothing shall be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of-way. 21.35 (3) The City shall require a Special Use Permit for any exterior storage of materials. D. Refuse. All waste materials, refuse or garbage shall be contained in closed containers as required under the Chapter entitled "Waste Disposal" of the Fridley City Code. E. Screening.- • (1) Screening shall consist of a solid fence or wall no# less than six (6) feet high in the side and rear yards and a maximum of four (4) feet high in the front yard, and shall not extend to within fifteen (15) feet of any street right-of-way line. Plantings may also be required in addition to, or in lieu of, fencing. The type, � - size and location of such �lantings must be approved by the City. (2) Plantings shall not be placed so as to obstruct lines of sight at street corners and driveways. (3) The screening requirements shall be satisfied by the use of a screening fence or planting screen according to the following standards: (a) A screening fence shall be attractive and compatible with the principal building and the surrounding land use. (b) A planting screen shall consist of a closely grown hedge, a row of trees, evergreens or other vegetation approved by the City. (c) If the topography, natural growth of vegetation, permanent buildings or other barriers meet the standards for screening as approved by the City, they may be substituted for all or part of the screening fence or planting screen. (4) Screening of off-street parking shall be required for: (a) Any off-street parking area requiring more than four (4) spaces or adjoining an R-1 or R-2 District. (b) Any driveway to a parking area of four (4) or more spaces is within thirty (30) feet of an adjoining R-1 or R-2 District. (c) Any parking facility between the building and frontage street must be screened from the street by a hedge, solid fence or closely grown planting strip, at least thirty-six (36) inches in height. 21.36 (5) Ail refuse and garbage storage receptacles and loading docks must be located in the rear or side yard and be totally screened from view from any public right-of-way. Provisions must be taken to protect screening from vehicle damage. (6) Where any multiple dwelling district is adjacent to any other residential district, there shall be a minimum fifteen (15) foot wide screening strip to provide for a physical separation. . (7) All roof equipment, except altemate energy devices, must be screened from public view unless the equipment is designed as an integral part of the building and is compatible with the lines of the building. F. Drainage and Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum finished ground grade for any structure in order to allow proper drainage and a minimum top of footing elevation to allow for connection to City utilities. G. Maintenance. It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof, and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that gives evidence of long neglect. (2) The prote�tive surFace on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural surface against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent (25%) of the area of any plane or wall on which the protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or (b) More than finrenty-five percent (25%) of the pointing of any brick or stone wall is loose or has fallen out. 21.37 (3) Every yard and all structures, walls, fences, walks, steps, driveways, and landscaping and other exterior development shall be maintained in an attractive, well kept condition. - (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. H. Essential Services. (1) Connection is required on each lot served by City sanitary sewer. (2) Connection is required on each lot served by City water line. (Ref. 971) 205.10 R-4 MOBILE HOME PARK DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. The following is a principal use in R-4 Districts: Mobile home park developments B. Accessory Uses. The following are accessory uses in R-4 Districts: (1) Parking facilities (2) Individual storage buildings, with a maximum of 150 square feet per lot. (3.) Private recreational facilities or a central building which includes swimming pools, tennis courts, laundry facilities, etc., intended solely for the use and enjoyment of the residents of the principal use and their guests. � (4) Home occupations. C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in R-4 Districts: 21.38 (1) Wind generators and other tower mounted energy devices exceeding a height of finrenty (20) feet above the dwelling roof. (2) Solar energy devices NOT an integral part of the principal structure. (3) Exterior storage of materials. (4) Day Care Centers provided they are to be located in places of worshio �es, schools or in other buiidings . (a) At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stall�, due #o the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. (c) When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. (Ref. 864) (d) The minimum lot size is 12.000 sauare feet. D. Additional Restrictions. For uses other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc., shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City. 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in R-4 Districts. 3. LOT REQUIREMENTS AND SETBACKS A. Lot Area. (1) Each dwelling site in a mobile home park shall have a minimum of 3,500 square feet. (2) Each mobile home park shall have a minimum of ten percent (10%) of the total land area to be used for open space recreation areas. 21.39 B. Lot Coverage. Not more than thirty percent (30%) of total area used for the mobile home park shall be covered by all units and accessory structures. C. Setbacks. No mobile home shall be placed any closer to a public street right-of-way than thirty-five (35) feet nor any closer to any other district than fifteen (15) feet. 4. PARKING REQI�IREMENTS A. Stall Provisions. Two (2) off-street parking spaces shall be provided for each unit unless the private access roads are surFaced to a thirty-six (36) foot minimum width. B. Curbing And Drainage. All interior streets shall have concrete curbs and the road surface constructed according to City standards to handle drainage according to a City approved drainage plan. 5. LANDSCAPE REQUIREMENTS A. As of February 1, 1983, the minimum land�caped area for all mobile home dwellings shall be thirty-five percent (35%) of the total site. B. All open areas of any site, except for areas used for parking, driveways or storage shall be landscaped and be incorporated in a landscape plan. C. The landscape plan shall be submitted for approval by the City, and indicate the location, size and species, and method and quantity of all proposed plants including designation of any existing vegetation which is to be removed or which will remain with construction. 6. PERFORMANCE STANDARDS A. Parking Requirements. All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B. Prohibited Parking. No outside parking or storage of motor vehicles shall occur except on approved hardsurface driveways and parking stalls. (Ref. 1017) 21.40 C. Exterior Storage. (1) Nothing shall be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of-way. (3) The City shall require a Special Use Permit for any exterior storage of materials. D. Refuse. All waste materials, refuse or garbage shall be contained in ctosed containers as required under the chapter entitled "Waste Disposal" of the Fridley City Code. E. Screening. (1) Screening shall consist of a solid fence or wall not less than six (6) feet high in the side and rear yards and a maximum of four (4) feet high in the front yard, and shall not extend to within fifteen (15) feet of any street right-of-way line. Plantings may also be required in addition to, or in lieu of, fencing. The type, size and location of such plantings must be approved by the City. (2) Plantings shall not be placed so as to obstruct lines of sight at street comers and driveways. (3) The screening requirements shall be satisfied by the use of a screening fence or planting screen according to the following standards: (a) A screening fence shall be attractive and compatible with the principal building and the surrounding land use. (b) A planting screen shall consist of a closely grown hedge, a row of trees, evergreens or other vegetation approved by the City. (c) If the� topography, natural growth of vegetation, permanent buildings or. other barriers meet the standards for screening as approved by the City, they may be substituted for all or part of the screening fence or planting screen. (4) Screening of off-street parking shall be required for: (a) Any off-street parking area requiring more than four (4) spaces or adjoining an R-1 or R-2 District. 21.41 (b) Any driveway to a parking area of four (4) or more spaces is within thirty (30) feet of an adjoining R-1 or R-2 District. (c) Any parking facility between the building and frontage street must be screened from the street by a hedge, solid fence or closely grown planting strip, at least thirty-six (36) inches in height. (5) All refuse or garbag� storage receptacles and loading docks must be - located in the rear or side yard, and be totally screened from view from any public right-of-way. Provisions must be taken to protect screening from vehicle damage. (6) Where any mobile home park district is adjacent to any other residential � district, tk�ere shal! be a minimum fifteen (15) foot wide screening strip to pr�vide for a physical separation. (7) All roof equipment, except altemate energy devices, must be screened from public view unless the equipment is designed as an integral part of the building and is compatible with the lines of the building. F. Drainage And Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of a finished grade shall not be less than one-fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum finished ground grade for any stn.�ctures in order to allow proper drainage and connection to City utilities. G. Landscaping. The following shall be minimum criteria for landscaping: (1) Sodding and landscaping shall extend across the entire front yard and side yards, including the boulevard. (2) All other open areas of any site, except areas used for parking, driveways or storage, shall have ground cover and be landscaped with trees, shrubs, berms, and other landscape materials. (3) All uses shall provide water facilities to yard areas for maintenance of landscaping. 21.42 (4) It shall be the owner's responsibility to see that all required landscaping is maintained in an attractive, well kept condition. (5) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter and junk. H. Maintenance. It shall be the responsibility of the property owner to ensure that: (1) Every exterior wail, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive diiapidation due to cracks, tears or breaks� af deteriorated plaster, stucco, brick, wood or other material that give evidence of long neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural surface against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent (25%) of the area of any plane or wall on which the protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or (b) Mo.re than twenty-five percent (25%) of the pointing of any brick or stone wall is loose or has fallen out. (3) Every yard and all structures, walls, fences, walks, steps, driveways, landscaping and other exterior development shall be maintained in an attractive, well kept condition. (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. I. Essential Services. (1) Connection is required on each lot served by City sanitary sewer. (2) Connection is required on each lot senred by a City water line. 21.43 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE DAY OF � 1999• ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: January 4, 1999 January 4, 1999 January 25, 1999 February 15, 1999 NANCY J. JORGENSON - MAYOR 21.44 MEMORANDUM . __ DEVELOPMENT DIRECTOR Date: 12/21/98 (.�% 1� To: William W. Burns, City Manager From: Barbara Dacy, Community Development Director RE: Resolution Authorizing Application to DTED for Minnesota Inveshnent Funds, Harker's Distribution, Inc. A resolution must be adopted by the City Council authorizing the City to act as the legal sponsor for the application to DTED for Minnesota Investment Fund monies. The resolution also permits the Mayor and City Manager to execute the appropriate documents to implement the project. DTED requirements stipulate that the City Attorney review credit reports and conduct a name and lien search on the company. As of the writing of this memo, the City Attorney was still completing the research. An update will be provided at the Council meeting on Monday evening. Staff recommends the City Council adopt the resolution as presented pending the update on the company's credit history by the City Attomey. BD/bd M-98-262 12/21 /98 � 22.01 R$SOLIITION NO. - 1999 A RSSOLIITION AUTHORIZING TH$ CITY OF FRIDLBY TO ACT AS TH$ LBGAL SPONSOR FOR AN APPLICATION TO TH$ DSPARTMSNT OF TRAD$ AND $CONOMIC DEV$LOPMENT ON BgHALF QF HARK$R`S DISTRIBUTION INC. FOR MINN$SOTA INVESTMENT FUNDS BE IT RESOLVED, that the City of Fridley act as the legal sponsor for project contained in the Business and Community Development Application to be submitted on January 6, 1999, and that William W. Burns, City Manager is hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of Harker's Distribution, Inc. BE IT FURTHER RESOLVED, that Harker's Distribution has not violated any Federal, State, or Local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED, that upon approval of its application by the state, the City of Fridley, may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that the City of Fridley certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliances Section (��9) of the Business and Community Development Application. <5--`� AS APPLICABLE, BE IT FURTHER RESOLVED, that the City of Fridley has obtained credit reports and credit information from Harker's Distribution Inc. and its officers. Upon review by the City of Fridley and the City Attorney, no adverse findings or concerns regarding, but not limited to, tax liens, judgements, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation of other legal action. NOW, THEREFORE BE IT RESOLVED, that William W. Burns, City Manager, or his successor in office, is hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project on behalf of the applicant. PASSSD AND ADOPTED BY THB CITY COUNCIL OF THS CITY OF FRIDLEY THIS 4TH DAY OF JANUARY, 1999. ATTEST: 22.02 DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR MEMO�:ANDUM PLANNING DIVISION Date: 12/22/98 � To: William Bums, City Manager �'�'� From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Appeals Commission action on VAR #98-33 M-98-253 INTRODUCTION The City of Fridley has been asked by Robert Granger to grant a variance increasing the allowable encroachment into the rear yard setback from� 10' to 17' for the construction of an open deck. APPEALS COMMISSION ACTION At the December 9, 1998 Appeals Commission meeting, a public hearing was held for VAR #98-33. The following is the motion and vote of the Appeals Commission: MOTION by Dr. Vos, seconded by Mr. Jones, to deny Variance Request, VAR #98- 33, by Robert Granger, to increase the allowable encroachment into the rear yard from 10 feet to 17 feet to allow the construction of a deck on Lot 16, Block 1, Alice Wall Addition, generally located at 6310 7"' Street. UPON A VOICE VOTE, WITH VOS, MAU, AND JONES VOTING AYE, AND KUECHLE VOTING NAY, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED BY MAJORITY VOTE. PLANNING STAFF RECOMMENDATION Ciiy Staff has no recommendation due to the fact that this request is within a previously granted dimension. If approved, staff recommends a stipulation requiring the petitioner to sign a"hold harmless agreement" as a portion of the deck will be in a City Drainage & Utility Easement. Attachments 12/22/98 23.01 City of Fridley Land Use Application VAR-98-33 December 9, 1998_ GENERAL INFORMATION Applicant: Robert Granger 6310 7'� St. N� Fridley, MN 55432 Requested Action: Variance Purpose: To increase the allowable encroachment into the rear yard setback, to allow the construction of a deck. Existing Zoning: Residential - 1 Location: 6310 7`� ST. NE Size: 9,600 squaze feet .22 acres Existing Land Use: Single Family Home Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.04.06.A.(3) allows a 10 foot encroachment into the rear yazd setback for the construction of open decks. Zoning History: Home was built in 1985. Legal Description of Property: Lots16, Block 1, Alice Wall Addition Council Acrion: January 4, 1999 SPECIAL INFORMATION Public Utilities: Home is connected. Transportation: ' Home is located on 7�' St. between 63'�. Ave. and Mississippi $t. Physical Characteristics: Property is well landscaped and contains the home and attached gazage. Yazd slopes gently toward the rear property line. SUMMARY OF PROJECT Robert Granger, property owner, is seeking to increase the allowable encroachment into the reaz yard setback from 10 feet to 17 feet to allow the construction of an open deck. Stair alternatives exist that would allow the proposed deck to be built without a variance. SUMMARY OF ANALYSIS City Staff has no recommendation due to the fact that this request is within a previously granted dimension. If approved, staff recommends a stipulation requiring the petitioner to sign a"Hold Hannless Agreement" as a portion of the deck will be in a City Drainage & Utility Easement. Approved variances similar to this request include: VAR 96-02 6496 Riverview Terrace Encroachment increased to 12', and setback reduced to 26' for construction of a deck. VAR 98-16 10 Rice Creek Way Rear yazd setback reduced from 31.25' to 13' for construction of a three-season porch. VAR 95-14 6150 Briazdale Court Reaz yard setback reduced from 32.6' to 23' for construction of a three-season porch. StaffReport Prepared by: Paul Bolin 23.02 crnr oF FRio��r 6431 UNIVERSITY AVENUE FR!�L�Y, �11N 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT C Residentiat- - ��p►PPLICATION FOR: ommercial/Industriai Si PROPERTY INFORMATION: - site plan required for submittai, see attached Address: 5 310 � th S t NE Property Identification Number: x�4-3o-24-31-0021 Legal Description: Lot 16 Block � TracUAdditio� A 1 i ce wa i i Aa a i t i on Current Zoning: R• Square footage/acreage: 960o sq ft Reason for Variance: Proposed construction of attached deck with treated wood. Said deck would infringe on easement about�7 ft Have you operated a business in a city which required a business license? Yes No If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No � �Ur^rA//�r�V �I�V��NA�^It��^rAiAIArA��IAnV�V �I�►I�I�V�I�I�b�r��AIA/AIAI��r�VA/�V^/V,►I^IAIAI�I�r�►INNNAr^r^I�►IM�V�VN^/Arti�V/�I/�i�I FEE OWNER INFORMATION (as it appears on the prope�ty title) (Contract purchasers: Fee owners must sign this form priar to processing) NAME: Robert Granger �-- ADDRESS: 6310 7th St NE, Fridley, MN 55432 DAYTIME PHONE: � _�12�� SIGNATURE/DAT : - �� 5� D�' PETITIONER INFORMATION , � •'., �, NAME: same . __ ;�->. V - ADDRESS: �� •�' DAYTIME PHONE: SIGNATURE/DATE: � ` - NtiNNV�VtititiNtititiNtitiwtiMtiltiti�V�rtitiNNNtitiNtitiNNN�VNtiNtiNNNNtitiHtiN�tititititiN�rtititiN�Ytiti . Section of City Code: •' �� FEES �� ,�.a.:= Fee: $100.00 for commercial� industrial r signs: ` � Fee: $60.00 for residential properties:Y�� Receipt #: � Received By: Application Number: - 33� �- Scheduled Appeals Commission Date: Scheduled City Council Date: 10 Day Application Complete Notification Date: �-� 60 Day Date: . -,�: :-�: . 23.03 i _ -� _ - �,��,►,�___ _ ,;I�i = _ - I� J ry, I ;� 11!':w,' ��: i� _... �_ _�. ---_ _ �_ . ._ . ; ��E r f� �� - - � � : �� j_�■ii�= i ►� J r .�-_ ..__ � � � /c= � /�_ . - - � 23.04 � � . - . �. - - �; .�� ':�-� r � t; � s ,� , . .. � ��: �� __��___�� . �� m� -jr - - —" - � . �- _� 4 : .u��°��'`� -�3 1?..- �'-�y 1 - �� _- __ 4 3 N�-. � �' � '. � � �� ' �� x.�� x'' Y. �`'ir'�a- � � t ,� � �. � -- —S � '�. ,c--- � �? �' ,,� . -_ S� � � k� r �j . .. a� -�■ r i �� _i� � - - � s� a�■ � _ _ _ �� s� O �e �� ■ -� : _ _. � �� oo .- - - - � _ � �� ; _ _ �. -��=�� ` ��.�� I: �� :. ; _ :_ _ . � x ,� I '��'��'�� '�=-. � '` .,' �'�.-�'_ _'` _. �� CITY OF FRIDLEY APPEALS COMMISSION MEETING, DECEMBER 9, 1998 RO�L CALL: Chairperson Kuechle called t e December 9, 4998, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: � Members Present: Larry Ku Members Absent: Carol Beaul , Ken Vos, Terrie Ulau, Blaine Jones Others Present: Scott Hickok, P nning Coordinator Paul Bolin, Plan ing Assistant Jerry Osbom, 58 9 Hackmann Kelly Wolf, 5869 ackmann Arlen Wolf, Rams , Minnesota Bill Cragg, Pascual Signs, 10856 Highway 81, Maple Grove, MN Robert Granger, 63 0 7th Street N.E. Pat Pelstring, 7651 entral Avenue N.E. K. Ruwart, 5837 Hac ann Avenue 0 MOTION by Ms. Mau, seconded by Dr. Vos, fo approve the September 23, 1998, Appeals Commission minutes as written. , UPON A VOICE VOTE, ALL VOTING AYE, CH�►IRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. � iNTRODUCTION OF STAFF: Mr. Hickok introdu d Mr. Paul Bolin, Planning Assistant, who joined the staff at the City of Fridley early in N vember. Mr. Bolin was previously a planner for the Arrowhead Regional Development , mmission. 1. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST. VAR #98-33. BY ROBERT GRANGER: Per Section 205.04.06.A.(3) of the Fridley Zoning Code, to increase the allowable encroachment into the rear yard setback from 10 feet to 17 feet to allow the construction of a deck on Lot 16, Block 1, Alice Wall Addition, generally located at 6310 7th Street. M I N by Mr. Jones, seconded by Ms. Mau, to waive the reading of the public hearing notice and to open the public hearing. 23.06 � APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Mr. Bolin stated the petitioner is requesting a variance to increase the allowable encroachment into the rear yard setback from 10 feet to 17 feet to allow the construction of an open deck at 6310 7th Street. The zoning code allows an encroachment of 10 feet into the rear yard setback for thE construction of open decks. The property is zoned R-1, Single Family. The surrounding properties to the north, east, south and west are also zoned R-1, Single Family. Mr. Bolin stated the building permit records show that the home was built in 1985. The hardship statement from the petitioner states the requested deck would allow greater usage of the livable area of the house by the petitioner and his family and would not change the character of the neighborhood in any negative way. Mr. Bolin stated that staff noted on a field visit that altematives exist that would allow the proposed deck to be built without a variance. The City has a 23-foot drainage and utility easement along the west side of the property which would require a hold harmless agreement. Mr. Bolin stated the City has granted similar requests in the past including a variance in 1995 to reduce the setback from 32.6 feet to 23 feet for the constru�tion of a three- season porch; in 1996 to increase the encroachment to 12 feet and reduce the rear yard setback to 26 feet for the construction of a deck; and in 1998 to reduce the rear yard setback from 31.25 feet to 13 feet for the construction of a three-season porch. Mr. Bolin stated, because the City has granted similar variances in the past, staff has no recommendation. If the Appeals Commission recommends approval, staff recommends the following stipulation: 1. Property owner will sign a"Hold Harmless Agreement", agreeing to hold the City harmless for any damages that may occur to the deck due to the City exercising its rights within the easement area. The agreement also states that any additional costs incurred by the City in utilizing its easement, which are caused by the deck, shall be reimbursed to the City upon thirty (30) days written notice to the property owner. This agreement will be binding upon both parties and upon their heirs, successors, and assigns. Mr. Bolin showed a drawing of the site and of the deck. The deck comes out approximately 12 feet from the home with steps going down to a landing, then additional steps doing down from the landing. This is a point at which the encroachment comes in. It may be possible to run the steps off the north side of the deck but that would change the look of the deck. Dr. Vos asked staff to show on the drawing where the encroachment would fall. 23.07 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 3 Mr. Bolin stated the first deck would be fine. The encroachment occurs at about three - feet on the lower deck. A landing is about 36 inches. With a railing, you may or may not be able to clear three feet. Mr. Granger stated he purchased the property in September, 1997. He was not aware of the drainage easement. There is a holding pond in that area behind the apartment buildings. All the draining from his house goes over t� 630� which would.be the house to the left. That house has a tuck-under garage and it is all sand in that area. The drain�ge from his property does not go to that drainage pond. Mr. Kuechle stated he believed these were separate issues. Whether the drainage easement existed or not, the variance would be required because of the setback from the lot line to the deck. If the variance is granted, the petitioner would be on the drainage easement and that involves some other issues. The stipulation would require a hold harmless agreement so the owner cannot come to the City. Mr. Granger stated he had discussed the hold harmless agreement with the City. The City needs to access the easement. The only thing that would have to be removed would be the stairway which is not a big issue. Mr. Kuechle asked Mr. Granger what he thought about the suggestion that it might be possible to put the stairway to the north and not need a variance. Mr. Granger stated this was not practical. He wants to put a hot tub on the lower deck. He would not want it on the main deck. It is not a life or death situation. It would be very appealing. It would be in full view on 63rd Street. The deck would be very attractive. It will not be an eyesore. Ms. Mau asked if Mr. Granger has any problem with the hold harmless agreement with the City. Mr. Granger stated, no. Dr. Vos asked if the easement was there to get to the holding pond. It seems like a wide easement at 23 feet. Mr. Bolin stated the easement is 23 feet wide and then goes down to 5 feet wide approximately 30 feet from the north lot line. The Assistant Public Works Director at this time does not foresee a need to use the easement at any time in the near future. He did not have a problem with the variance request as long as there is a hold harmless agreement. Mr. Jones asked if the property title has to be changed to reflect that. He would assume that this would go with the property. 23.08 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 4 Mr. Hickok stated the City would ask the petitioner to file the hoid harmless agreement with the County so that future owners would be aware of that. Regarding the width of the easement, there is a low lying area between the residential street and the development behind them. This easement does accommodate a low lying area. That is why staff felt it important for the public works staff to look at the request. Staff was concemed in the event there would be a flood. The assistant public works director did not see any concems about the encroachment as it is designed. Mr. Kuechle asked the petitioner if there is an existing deck on the house. Mr. Granger stated, no. TI N by Dr. Vos, seconded by Mr. Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. Mr. Jones stated the design is attractive. He can see the point that for his utility and if he wants to put a hot tub on the lower deck, it keeps it out of the way and makes a usable section. If the petitioner is willing to sign a hold harmless agreement with the City, he would be inclined to vote in favor of the request. Mr. Mau agreed. With City staff having looked at this and not seeing any future problems with the easement and if the petitioner is willing to sign the hold harmless agreement, she would vote in favor. It is rather bothersome that this will be passed on to future homeowners, but she did not see that as enough of a problem to keep her from voting in favor. Dr. Vos stated approval of a variance requires a hardship. The petitioner can get a 15- foot deck in there without a variance, and he could get a second level to either the south or north. It would not necessarily have to drop down to the west. He does not vote for a variance unless he sees a hardship, and he does not see a hardship. He would vote to deny the request. Mr. Kuechle agreed. He thought that in this case, some of the altematives need to be explored as to whether the deck and hot tub could still fit in there. He would be inclined to vote against the request. Mr. Granger stated that if he drops down to the south or north, he would be blocking windows. The back lower level of the house is all windows. Dr. Vos stated the deck is a good size and there may be other options. Mr. Granger stated he did not see what the problem was. There is still 14 feet for access in the back. 23.09 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 5 Mr. Kuechle stated the issue is that the setbacks for the rear yard lot line are set for aesthetic reasons, not necessarily for driving a vehicle through there. The idea is not to produce overcrowding on residential lots. That is the purpose of the ordinance. One of the charges of the Appeals Commission is to only grant variances when an undue hardship exists. That is the sticking point at the moment. Is there an undue hardship here? Are there other altematives? At this point, two Commission members feel there are probably other altematives that ought to be looked at and two feel this is not quite the case. Mr. Granger stated th�y were not crowding anything. There is a pond in the back. He spends a great deal of time out there cleaning it up. His property is not backing up to anything but a large drainage pond which is used for a dump. Ms. Mau stated she thought it is a precedent. If they allow this variance, they would then have to allow the same for someone else. M TI by Mr. Jones, seconded by Ms. Mau, to re-open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:52 P.M. Dr. Vos asked if staff had an aerial photograph of the area. Mr. Hickok stated they did not have an aerial photograph. Dr. Vos asked staff to show the area map. Mr. Kuechle stated part of the problem is that the Commission does not have any documentation as to what effect this has on the house. That information has some impact on their decision. If you have an existing house and that has an impact, it may make a difference. No such evidence has been brought forth in that area. Dr. Vos stated the back of the property abuts another property to the rear as well as the pond area. Saying the property is only up against the drainage pond is not totally correct. This property is also adjacent to another persons back yard. Essentially, the back yard is pa�tly shared by someone else's back yard. He asked if there was a house on that property. Mr. Hickok stated there is a house on that property to the rear. The next lot to the west is vacant. Mr. Granger asked if he could get a statement from that neighbor saying this is okay. Dr. Vos stated the variance is asking for the Appeals Commission to waive the code requirements because of a hardship that is not your doing, such as the land dropping off, 23.10 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 6 you can't build closer, there is something wrong, etc. A hardship is not wanting a large deck. _ _ Mr. Granger stated he felt that anything he can do to improve that area would help. MOTION by Ms. Mau, seconded by Mr. Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:55 P.M. Ms. Mau stated the hardship situation is a good point; this is a large deck and it does make a difference. Mr. Jones stated he can see the point. Can someone show a hardship based on the fact that this is the best way to do it with the existing house design? Where do you draw the line? Dr. Vos stated economics are not considered a hardship. If there is a window in the way, you can look at it. If a deck could only be 3 feet wide and you wanted 10 feet wide, that might be considered a hardship. A deck that goes out 15 feet and does not go into a variance request he did not think was sufficient. It could go the width of the house and would be sufficient. Mr. Jones stated he did not know the design of the back of the house. After further discussion, he would tend to vote against the request as he did not see a hardship. Mr. Kuechle stated a hardship probably does exist, but he was not sure the petitioner has clearly stated what the problems would be. Without knowing the structure of the house to know whether or not it would be feasible to construct that stain�vay configuration, he cannot really tell. He would tend vote in favor of the request. MOTION by Dr. Vos, seconded by Mr. Jones� to recommend denial of Variance Request, #98-33, by Robert Granger, to increase the allowable encroachment into the rear yard from 10 feet to 17 feet to allow the construction of a deck on Lot 16, Block 1, Alice Wall Addition, generally located at 6310 7th Street. , UPON A VOICE VOTE, WITH VOS, MAU, AND JONES VOTING AYE, AND KUECHLE VOTING NAY, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED BY MAJORITY VOTE. Mr. Kuechle stated the request would go before the City Council on January 4, 1999. He suggested that the petitioner provide additional information at that time as to the construction of the house, perhaps provide some pictures, and be prepared to answer questions regarding the hardship. 23.11 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 7 Mr. Jones suggested the petitioner speak with a part-time designer on staff, Dave Mayer, who may be able to provide additional aitematives. 2. Per Section 214.11.02.B o from 80 square feet to 200 Per Section 214.11.02.0 of of a sign from 25 feet to 50 e Fridley Sign Code, to increase the size of a sign uare feet; and .- - Fridley Sign Code, to increase the maximum height , and Per Section 214.11.02.E of the 'dley Sign Code, to place a free-standing sign on an entry driveway rather than the de requirements locating the sign 10 feet from any driveway or property line; To allow the construction of a free- Addition, generally located at 7651 MOTION by Mr. Jones, seconded by Ms notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, � THE MOTION CARRIED AND THE PUBLIC ng pylon sign on Lots 3& 4, A& R �al Avenue. to waive the reading of the public hearing :RSON KUECHLE DECLARED G OPEN AT 8:00 P.M. Mr. Bolin stated the petitioner, Patrick Pelstring, ha requested three variances to the sign ordinance. The first is to increase the size of a pylo sign from 80 square feet to 200 square feet; the second to increase the maximum he ht of a pylon sign from 25 feet to 50 feet; and the third to_ place a pylon sign adjacent to n entry driveway rather than the code requirements locating the sign 10 feet from any d'veway or property line. The Fridley sign code allows pylon signs to a maximum hei t of 25 feet, signs to be no larger than 80 square feet is size, and signs be no closer than 0 feet to any driveways or property lines. Mr. Bolin stated the property is located at 7651 Central Ave' ue (Highway 65). The parcel is Lot 3 of the A& R Addition and Lot 4 of the A& R Secon Addition. The property is zoned C-2, General Business. Zoning to the north is C-2, G eral Business; to the east is M-1, Light Industrial; to the south is M-1, Light Industrial, an M-2, Heavy Industrial; and to the west is a fast food restaurant, C-2, General Business, a M-2, Heavy Industrial. Mr. Bolin stated that when looking at past zoning and land use a property, staff found that the A& R Addition plat was approved b 1986. The property was also rezoned from C-3, General Shoppin General Business, at the same time. The A& R Second Addition the City Council in 1987. There was a stipulation in the re-plat tha 23.12 ion history for this the City Council in Center, to C-2, at was approved by t auired Lot 4 of the A MEMOI�.ANDUM PLANNING DIVISIUN Date: 12/22/98 p,, To: William Bums, City Manager,,� t' From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Appeals Commission action on VAR #98-34 M-98-252 INTRODUCTIOI� The City of Fridley has been asked, by Spikers Grille & Beachclub, to grant variances increasing the maximum height of a sign to 50', the maximum size to 200' square, and to place a free standing sign on an entry drive. � APPEALS COMMISSION ACTIO At the December 9, 1998 Appeals Commission meeting, a public hearing was held for VAR #98-34. The following is the motion and vote of the Appeals Commission: MOTION by Ms. Mau, seconded by Mr. Jon ease the s ze of a s gnf rom� OA qua e 34, by Spikers Grille and Beachclub, to inc feet to 200 square feet; and to increase the maximum height of a sign from 25 feet to 50 feet; and to place a free-standing sign on an entry driveway rather than the code requirements locating the sign 10 feet from any driveway or property line; to allow the construction of a free-standing pylon sign on Lots 3& 4, A&R Addition, generally located at 7651 Central Avenue. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Dr. Vos, seconded by Ms. Mau, to recommend to the City Council to investigate a creative solution to the hardship as offered by the Petitioner in Variance Request, VAR #98-34, by whatever means possible even if it requires setting a precedent. 'ti�`'a 24.01 Memorandum UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMFNDATION City Staff still recommends denial of Variance request VAR #98-34. Staff believes the petitioner does not meet the criteria, required by the sign code, to be granted a variance. The following is a summary of the criteria required for a variance, and why staff does not feel the petitioner should be granted a variance. Exceptional or extraordinary circumstances applicable to the property. The circumstances surrounding the location of this property are neither exceptional or extraordinary. City staff recently identified 16 other businesses located in similar settings, within Fridley, who have legal conforming signs. Preservation and enjoyment of a substantial property right. Larger than code signs are not a property right possessed by other properties within the same vicinity. There are 16 other properties, similar to the petitioners, located across Fridley who are complying with the current sign code. Sign codes are enforced uniformly across the City. Unnecessary hardship. City staff feels there is no real hardship. The required, yet lacking, screening of rooftop mechanical could be a way to give the property visibility. Code allows one roof sign per development to substitute for the pylon sign along the street the roof sign is to be viewed. Not be materially detrimental to the public health, safety, or general welfare. The proposed pylon sign would detrimentally distract or dominate the landscape due to it's extreme height (50') and size (200' sq.). The location of the pylon sign is detrimental to public safety. The location adjacent to the entry drive may distract or block the vision of motorists. Attachments 12/22/98 24.02 City of Fridley Land Use Application . VAR-98-34 December 9, 1998 GENERAL INFORNIATION Applicant: Patrick Pelstring Spikers Grille & Beachclub 4205 Lancaster Lane, Suite 1000 Minneapolis, MN 55441 Requested Action: Variance Purpose: To erect signage lazger than code. Existing Zoning: Commercial - 2 Location: 7651 Central Ave. (HWY 65) Size: 137,214 squaze feet 3.15 acres Existing Land Use: Building under construction. Surrounding Land Use & Zoning: N: Office & C-2 E: Bus Company & M-1 S: Manufacturing & M-1, M-2 W: Fast Food Rest. & C-2, M-2 Comprehensive Plan Conformance: Use of property is consistent with Plan Zoning Ordinance Conformance: Section 214.11.02.(C) allows free- standing signs to a maximum height of 25'. Section 214.11.02.(B) requires &ee- standing signs be no lazger than 80 sq. ft. in size. Section 214.11.02.(E) requires free-standing signs be no closer than 10' to any entry driveways or property lines. Zoning History: Zoned C-2, Tax-forfeit Legal Description of Property: Lots 3&4, Block 1, A&R Addition SPECIAL INFORMATION Council January 4, 1999 Pubiic'Jtilities: New building is connected. Transportation: Spikers is located near the intersection of HWY 65 and Osborne Rd. Access to the property is VIA Viron Rd. Physical Characteristics: Building is under construction, landscaping is being put in. SUMMARY OF REQUEST Spikers Grille & Beachclub is seeking to increase the maximum height of a free-standing sign from 25 feet to 50 feet; To increase the size of a free standing sign from 80 square feet to 200 squaze feet; and to place a free-standing sign adjacent to an entry driveway rather than the code requirements locating the sign 10' from any driveway or property line. SUMMARY OF HARDSHIP -See attached statement from petitioner. SUMMARY OF ANALYSIS City Staff recommends denial of this variance request. Staff has found no compazable variances granted over the past ten yeazs. The signs mentioned in the petitioners Letter of Hardship, Friendly Chevrolet & Tams Rice Bowl, are legal non- conforming signs. These businesses were issued sign permits prior to 1988, when the current zoning code was adopted. Staff Report Prepared by: Paul Bolin 24.03 RE: Spikers Grille & Beachclub Sign Variance ReQuest INTRODUCTION . Spikers Grille & Beachclub is a new restaurant/spoRs bar/volleyball arena being built at the intersection of Central Avenue and Osborne Road. We began construction of the 30,000 square foot facility in late August and anticipate completing construction by the end of December. We have been working with the City on a number of option regarding the facility signage over the past several months. T'his site has unique aspects that makes "visable" signage difficult to attain.. After these discussions,.and recognizing the key City planning concerns, we are submitting this application for a variance request. HISTORY OF SITE This site is unique in its location and layout relative to the major thoroughfares and the current location of the frontage road. This site did not develop for a number of years and remains one of the few larger commercially zoned sites available for devetopment in the City of Fridley. Originally this site and the surrounding property was designed as a small shopping center site. Over the past several years the high exposure sites (which were originally planned as "pad" sites) have been split off and developed. Our main site was left undeve(oped and eventually went "tax forfeit". Also, over the past several years the frontage road was reconfigured to wrap around the North Metro Spin Care facility and provides only limited access to our site. As you will note on the site plan, our site is the only one in the immediate area that does not have direct exposure on either Highway 65 or Osborne Road. We believe that these factors contributed to the property going tax forfeit and being left undeveloped. Spikers Grille & Beachclub - Corporate Office 4205 Lancaster Lane • Suite 1000 • Minneapolis, Minnesota 55441 Phone: (612) 383-0270 • Fa�,;�.2�5,50-9221 • WATS: (877) SPIKERS L V �F SIGNAGE OPTIONS/VARIANCE REOUEST Since this is a commercial site (and particularly as a restaurant), it is crixical for _ reasonable "road side" signage exposure. Our first efforts included negotiations with North Metro Spine Care to secure a site for signage immediately on Highway 65. After contact with the County, if a lot split was approved; this property could be combined with our current parcel and meet the basic requirements of the City's sign ordinance. The County indicated that they would approve a combina�ion of the parcels, particularly as the two parcels would be split by the public right-of-way. A copy of the survey, identifying this option, is attached. . After discussion with City staff, we understand that the City would prefer not to encourage "off-site" signage on any parcel. We do believe, however, that this proposal would have met your current sign ordinance. In the alternative, however, we would request consideration of a sign, on our current property, which would require the following variances: 1. Increase height of sign from 25 feet to 50 feet. 2. Increase size of sign from 80 square feet to 200 square feet. 3. Locate sign on entry driveway which will require that sign is within 10 feet of driveway and/or property line. The balance of the facility signage will all be designed to meet City codes and requirements. This request is necessary based upon the following requirements: 1. The height of the sign, if only 25 feet, will be shielded from both Osborne and Highway 65 by the existing buildings (Wendy's, Sport Shop, Chiropractors office and office buildings). 2. Due to the distance from Osborne and or Highway 65 (250 feet from Highway 65 right-of-way and 240 feet from Osborne Road right-of-way), 80 square feet would not be sufficient for any visibility from these roadways. LTNIQUE HARDSHIP Based upon the City of Fridley's materials the hardship definition is based upon the following three factors. We wanted to respond to each of these factors. 24.05 The nronertv cannot be yut to reasonable use if used under the requirements of the �ode• This property is currendy served and immediately adjacent only next to the frontage road. And, in fact, the majority of the site is set back approximately 100 feet off the frontage road. As such, the property is 250 feet or more off of either of the two major thoroughfares, Highway 65 and Osborne Road. This property is zoned for commercial development and our use is appropriate for this zoning. It is consistent with commercial zoning �hat this type of site would have typically have direct "road site" exposure. We need the sign variance to overcome this obstacle. The need for the variance is due to the conditions unique to the properlv and not created bv actions of the landowner. � . We believe that the physical location and separation from the roadways are unique within the City. The current configuration of the frontage road was completed prior to our acquisition of the site. The development of the individual lots which physically separate this site from the major thoroughfares were all completed prior to our acquisition. The variance. if granted, will not alter the character of the neighborhood We have enclosed copies of our sign for your review. We believe that these signs will be attractive and enhance the commercial nature of this immediate area. We do not directly impact any residential deve(opment. We also believe that area signage (i.e. the height of Friendly Chevrolet and/or the "off- site" signage for Tams Rice Bowl) are very consistent and/or exceed our variance request. SLJ�v1MARY We have been very pleased with the -local support from the area businesses and the City of Fridley. Our efforts to develop Spikers Grille & Beachclub on this site will greatly enhance the restaurant and sports opportunities for area residents. Our visibility, however is critical to our long-term success. As a commercial site, this property deserves the same opportunities for visibility and exposure as other commercial sites within the City. � Your consideration of this request is greatly appreciated. 24.06 � I3�AMo... � ��1��!�� t�� I ;;�.-_:�--. �: . ��. ;:� :.: , •c� „.y :� � �,' y «' >a : i C�. _,. I f� ��i . ! �:� ;4ii .I'�� tri� p.�r • � _� P , ��r �. i f�= : ! +i;r � i ' � Y } j �t� � • rt ssr uc ar �or . > ► sf �� - fwsT ui cs �i ♦ • ':.?Y. r.�i:.iy�ri:�, N'.�.. S�J � � _-_. . . - . . '" ► � '�� ' 1 t` .. ��) �� '. •-• '� 1 �� I :_ S i ' . 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I _ . .: � � 24.09 i; - �.. ;;.: . -;.=< .. 7'� 1 gc � � ; CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY MN 55432 , (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARI NCE APPLICATION FOR: Residential Comr��rcial/tndustrfal X Sign� PROPERTY INFORMATION: - site plan required for submittai, see attached � Address: �6si NE Central Avenue, Fridleq, :�II�I 55432 Property Identification Number. Legal Description: Lot S 3& 4Block i Tract/Addition A& R Addition Current Zoning: �o�. Square footage/acreage: �3.15 acres Reason for Variance: very difficult exposure due to confiQuration of frontage road and location of lot to major thoroughfares Have you operated a business in a city which required a business license? Y2S %10 x If Yes, WhICh Clty� (note: liQUOr license approved) If Yes, what type of business? Was that license ever denied or revoked? Yes No �_ NV^r/Ywr�r�V�V�V 1r�V 1r/�r�rwr1V,V�r�V ^r�r�VN�V�rArArti�VV�4rV�V�V �V tir�V �V�V �VA/1V�V �V 1r�V�V A/�YM�V M�Vwr�V �V�V /`r�vArti V�V MM�YN FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: Continental Property Group, Inc. � ADDRESS: 253 E Lake Street, Wayzata, MN 55391 DAYTIME PHONE: C612) ��3-i�oo SIGNATURE/DATE: _��..��......��..��.��......��..,...��.,..,.��..��.,..., PETITIONER INFORMATION I�AME: Spikers Grille & Beaciiclub � � ADDRESS: 4205 Lancaster Lane North Suite 1000 �1 DAYTIME PHONE: (612} 353-0270 SIGNATURE/DA . �.\ \ fi...... Section of City Code: �`�t3 g8 `' FEES - ` � � _ Fee: $100.00 for commercial, industrial, or signs. ,�U� Fee: $60.00 for residential properties: Receipt #: ��r Received By: Application Number. 1/ - 3 Scheduled Appeals Commission Date: ne��►ber 9, i�9� Scheduled City Council Date: January 4, 1999 10 Day Application Complete Notification Date: 60 Day Date: 24.10 � _ City of Community Development Department Fridley Zoning Variance Notification I �� TT� .� � ::� _ : :: �-� �� 1 ... ��. :� �� : �� : : �� •� �� . � :� :� e�=�� ' : �� C= ' •� �� : :�� z W c� w' J �F�t - ane Farriy Ur:ts F�2 -Two Fartiy Urrts �R3 - Geneal Mlfiple Urits R�d - Modle Fbrre i''arlm � PlA - Ramed Utit Deudoprriert � $� - � �►�,00ds � s2- �edaeioa�t o�a � G1- l.owt 8ueiness � G2 - Genaal Bteineee � �-�1e� �+o� � c.� -c� oRoe � � � � � y._ . _._.:: - . � �.'.._' -�^-�3 Cer�t�-al Ave. AM1- light Indtmtrial IYF2 -FI�y Irxl�atrjal � M3 - QRdoor Irtenme Flaevy Intl�trieil � P- Pudic Fa�U� �RCAIV �-�� Special Use Permit, SP - 98 - 17 �v � i�c � 7651 Central Ave NE (MNY 65) �� F� Spikers Grille and Beachclub 24.11 e�o�� , � '__ ei��i f N S°`u°es: A�� Ar�cou�°,�g APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 7 Mr. Jones suggested the petiti ner speak with a part-time designer on staff, Dave Mayer, who may be able to provide ad itional altematives. 2. PUBLIC HEARING• CONSIDERATION OF VARIANCE REQUEST VAR #98-34. BY SPIKERS GRILLE & BEACH CLUB: Per Section 214.11.02.6 of the Fridley Sign Code, to increase the size o# a sign � from 80 square feet to 200 square feet; and - Per Section 214.11.02.0 of the Fridley Sign Code, to increase the_maximum height of a sign from 25 feet to 50 feet; and "" �� Per Section 214.11.02.E of the Fridley Sign Code, to place a free-standing sign on an entry driveway rather than the code requirements locating the sign 10 feet fcom . any driveway or property line; To allow the construction of a free-standing pylon sign on Lots 3& 4, A& R Addition, generally located at 7651 Central Avenue. TI N by Mr. Jones, second�d by Ms. Mau, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:00 P.M. Mr. Bolin stated the petitioner, Patrick Pelsfring, has requested three variances to the sign ordinance. The first is to increase the size of a pylon sign from 80 square feet to 200 square feet; the second to increase the maximum height of a pylon sign from 25 feet to 50 feet; and the third to place a pylon sign adjacent to an entry driveway rather than the code requirements locating the sign 10 feet from any driveway or property line. The Fridley sign code allows pylon signs to a maximum height of 25 feet, signs to be no larger than 80 square feet is size, and signs be no closer than 10 feet to any driveways or property tines. Mr. Bolin stated the property is located at 7651 Central Avenue (Highway 65). The parcel is Lot 3 of the A& R Addition and Lot 4 of the A& R Second Addition. The property is zoned C-2, General Business. Zoning to the north is C-2, General Business; to the east is M-1, Light Industrial; to the south is M-1, Light Industrial, and M-2, Heavy Ind�strial; and to the west is a fast food restaurant, C-2, General Business, and M-2, Heavy Industrial. Mr. Bolin stated that�when looking at past zoning and land use action history for this property, staff found that the A& R Addition plat was approved by the City Council in 1986. The property was also rezoned from C-3, General Shopping Center, to C-2, General Business, at the same time. The A& R Second Addition plat was approved by the City Council in 1987. There was a stipulation in the re-plat that required Lot 4 of the A 24.12 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 8 8� R Second Addition to be added to the existing Lot 3 in the first addition to create one tax parcel. Mr. Bolin stated that the petitioners hardship statement indicates that the property is served and immediately adjacent only next to the frontage road and, in fact, the majority of the site is set back approximately 100 feet off the frontage road. As such, the property is 250 feet or more off of either of the two major thoroughfares, Highway 65 and Osbome Road. This property is zoned for commercial development and the use is appropriate for the zoning. It is consistent with commercial zoning that this type of site would have typically have direct road site exposure. The petitioner feels they need the variance to overcome this obstacle. The petitioner further states that they believe the physical location and separation from the roadways are unique within the City. The current configuration of the frontage road was completed prior to their acquisition of the site. The development of the individual lots which physically separate this site from the major thoroughfares were all completed prior to their acquisition. The petitioner has submitted copies of the proposed sign for review. The petitioner feels the signs will be attractive and enhance the commercial nature of this immediate area and will not directly impact any residential development. They also believe the area signage (i.e. the height of Friendly Chevrolet and/or the off-site signage for Tams Rice Bowl) is very consistent and/or exceeds their request. Mr. Bolin stated staff looked at sign variances granted in the past 10 years. No similar requests have been granted in that time. The signs mentioned in the hardship statement are legal, nonconforming signs. The businesses were issued sign permits prior to the adoption of the current sign ordinance. Mr. Bolin stated, before a sign variance shall be granted, the applicant must meet the following criteria: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. Mr. Bolin stated the circumstances surrounding the location of this property are neither exceptional or extraordinary. City staff recently identified 16 other businesses located in similar settings, within Fridley, who have legal conforming signs. B. That the variance is necessary for the preservation and enjoyment of a.substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Mr. Bolin stated larger than code signs are not a property right possessed by other properties within the same vicinity. There are 16 other properties, similar to the petitioners, located across Fridley who are complying with the current sign code. Sign codes are enforced uniformly across the City. 24.13 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 9 C. That the strict application of the Chapter would constitute an unnecessary hardship. M�. Bolin stated City staff feels there is no real hardship. The required, yet lacking, screening of rooftop mechanical could be a way to give the property visibility. Code allows one roof sign per development to substitute for the pylon sign along the street the roof sign is to be v'sewed. �- - . D. That the granting of the variance would not be materially detrimental to the public h�alth, safety, or wslfar� or detrimental to the properly in the vicinity or dis#rict in which the property is located. Mr. Bolin stated the proposed pylon sign would detrimentally distract or dominate the landscape due to its extreme height (50 feet) and size (200 square feet). The location of the pylon sign is detrimental to public safety. The location adjacent to the entry drive may distract or block the vision of motorists. Mr. Bolin showed the drawings of the proposed sign. He also showed a scaled drawing comparing an 80 square foot sign and a 200 square foot sign to show the difference between what is allowed by code and what is proposed: Mr. Bolin stated that because the request does not meet the four criteria, staff recommends denial of Variance Request, VAR #98-34. Mr. Kuechle asked if there are any 50-foot signs in the City at this time. Mr. Bolin stated there are a couple of signs that are legal, conforming. Friendly Chevrolet would be one example. That was permitted before the current sign code was adopted. Mr. Kuechle asked if the sign for the Embers Restaurant was conforming. Mr. Bolin stated the Embers sign is now conforming. They were non-conforming but, when they put up a new sign, they brought all their signs into conformance. Dr. Vos asked if the pylon is proposed to be located right at the entrance to the lot. Mr. Bolin stated he did not have a good diagram for the property. When staff looked at the property, it.appeared that the pylon sign would be located at the end of the driveway. Mr. Kuechle asked staff to elaborate on the suggestion of a rooftop sign. Mr. Hickok stated this is a departure because the City is not enthusiastic about rooftop signs. They would much prefer to see a standard sign, 80 square feet and 25 feet high, on site. There is a feature that is missing about this building right now which is a rooftop screening element to keep the mechanical from view. There may be an opportunity in 24.14 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 10 doing something there that gives additional height. The side walls of this building are 30 feet high. If they incorporate a screening wall and sign package, that would put a sign up higher for them and would eliminate two variances - the setback dimension from the drive and the height variance. Staff believes there is a possibility for a rooftop sign that may be a good solution. Dr. Vos stated they alsa have t�e opporiunity to do a wall sign on either 65 or O�sbome. Mr. Hickok stated this is correct. The square footage is calculated on the lineal dimension of the building face and then 15 x the square roat of that lineal dimension. He has been told that the building sign package is generous. Also, a rooftop sign would be in addition to the wall signs. Mr. Pelstring stated Spikers Grille and Beachclub is a 30,000 square foot building that has five indoor volleyball courts, full service sports bar and restaurant. Even though the emphasis is to provide a unique aspect of the facility in terms of having 5 indoor courts, it really is a full service sport bar and restaurant. This is a 300-seat restaurant. When driving up Highway 65, you really do not have any (with the exception of the Shorewood) full-service restaurants in Fridley. Mr. Pelstring stated he thought this will be a good addition. The response of the area businesses and the volleyball community has been very strong. They have 120 people hired to start work in three weeks. They are excited that they will have a good facility. The store manager is from Grandma's in Duluth where he worked for five years. The vice-president of restaurant operations came from Bennigan's as regional manager. They understand the restaurant business. They understand the need to provide good service and good food. They are going to have a good facility. They have $3.5 million invested in this site. They knew good signage and exposure for this site would be an issue. Mr. Pelstring stated they have had a number of discussions with the City in the last six to eight months. While he respects the City's position, he thought they had suggestions that would be contrary to their conclusions in terms of how they want to address this. Mr. Pelstring stated the view of the front of the building meets all of the conforming guidelines in terms of signage. To add an 80 square foot sign on the top of the building would be almost impossible to be seen from any angle. They have no direct exposure on the site. The sign on the building meets the code which is something over 200 square feet. An 80 square foot sign placed on the rooftop will not add any value. Mr. Pelstring stated he thought it is mportant to go back to the history of the site. Originally, the re-platting was done because it was originally planned as a shopping center site. The intention of buildings such as PetSmart as he drives along the freeway are set back quite a ways on the site, but since it is all one integrated site, they can have their sign out on the freeway. Unfortunately, the way this property has been parceled off and was ultimately left almost totally landlocked in terms of �ny access, there was not an 24.15 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 11 opportunity for signage. In fact, the original fronta�e road came in#ront of the spine care facility. Then the City reconfigured the frontage road to its current design: If the frontage road had remained in front as it was, the only access at all to this site would have been to keep a corridor to either Osbome or Central Avenue. Obviously, that wasn't done, and the frontage road was reconfigured. What they were given in terms of access was about 40 feet of frontage in the back comer and then it is another 110 feet inta the site. That is one of the unique c(naracteristics of this site. He would ask the City whether any of those 16 sites that have access to a frontage road have a driveway into the site that goes back 100 feet. That situation is unique. Mr. Pelstring stated the property was purchased as tax forFeit property. He thought they could understand why it was forfeited. It was their intention to buy the site, redevelop the site into something valuable. They have a different facility. The typical restaurant is 6,500 square feet. In 1.5 acres, you can get a nice restaurant with ample parking. Generally, good restaurant sites will sell for $6-$8 per square foot. This facility, because of the integration of the sports bar and volleyball is 30,000 square feet and requires 3.2 to 3.5 acres. When you run those numbers against $6 to $8 square foot of land, you end up with a unique situation for which you need a unique site. It is more of a destination site, and they are confident of their ability to bring people in, particularly after they have once been inside. This does create a little different situation. He would suggest that this site, because of its unique nature, is a good site for one exception of exposure and signage. Mr. Pelstring stated they explored an option ea�fy on with the City and with the cooperation of Dr. Dahl who owns the site on the corner. They went out and platted a parcel of property and negotiated and still have an option on about a 600 square foot site which is immediately adjacent to Highway 65. That site would have been the signage site for this area if it would have been left in terms of a connection out to Highway 65 on the original frontage road. Because the site is split only by right-of-way, their discussion with counsel suggested, that if that site was split off from their original property only by right-of- way, assuming that the lot split is approved by the City, the County would have aligned this parcel with their original parcel and that would have provided an opportunity then and they could have met all of the sign requirements without a variance. An 80 square foot sign in that location would be great. They would have had plenty of land area so they could have met the setback requirements. Although this is technically a way to approach this, he and staff do not necessarily agree that this would meet the requirements. When they sought counsel, they believed, based on the current City codes, that the process would work because that parcel would become part of their current parcel. Mr. Pelstring stated they understand that this is in direct opposition to the City's intent for off-site signage. The second option is to gain some level of visibility. He does not know all 16 sites that staff has tooked at. He looked at some on University with a frontage road. Every time you have a frontage road, the sites on the opposite side of the frontage road have direct exposure to the major thoroughfare. If you look at their site from Central and Osbome, they have no direct exposure to either of the major thoroughfares. He would argue that generally the 16 sites referred to are going to have exposure and he did not 24.16 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 12 believe any were set back the additionai 110 feet off the frontage road. There are additional situations. They think it is a hardship. Mr. Pelstring stated he thought it is an appropriate use in terms of the zoning. It is a commercial site and was purchased as a commercial site. It needs a reasonable level of exposure and signage, and that is what they are asking for. Mr. Pelstring stated he is confused about the Chevrolet sign. He understands that this site was recently acquired and there was a substantial upgrade. It was his understanding that the current City code applies to those upgrades. If there are changes, he thought this would be brought into compliance. Dr. Vos asked if rooftop signs are still constrained by the 80 square feet. Mr. Hickok stated, yes. Mr. Kuechle stated a roof sign would measure 30 feet to the bottom of the sign. Would that be visible from Highway 65? Mr. Pelstring stated he did not think it would be visible from either Osbome or Highway 65. There are two office buildings, Dr. Dahl's spine care facility on the comer, Wendy's, a sports shop, Supreme Tool, and Kurt Manufacturing. This parcel is basically in the middle of that block. With the reconfigured frontage road, they basically gave the property an access. In this case, they would argue that this is a unique situation and one that does create a hardship. If they did have rooftop signage, the issue is one in terms of visibility. In this case, they are approximately 250 feet from either of those thoroughfares. With an 80 square foot sign on top of the building, he thought it would be too difficult to read the sign to have any value. Mr. Pelstring stated he would be curious to know the situation of Friendly Chevrolet, and whether any of the 16 sites served by a frontage road do not have direct exposure because of the site line and whether any our setback from the frontage road as much as 100 to 110 feet. Mr. Jones asked if someone had done a study to see how the proposed sign would be viewed. He realizes there is traffic going by on Highway 65. There is a Wendy's in-front. Would they be able to see that sign over Wendy's? Mr. Pelstring stated that given the size of 200 square feet, they would clearly be able to see it. That is why they need the height too. It needs to be seen over the spine care building, the fast food restaurant, and all those buildings blocking the view from those thoroughfares. A 25-foot sign clearly does not give them any visibility. Mr. Jones asked why a sign that is in conformance along the highway would not work for them. 24.17 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 13 Mr. Pelstring stated that is what they would like to see. His counsel suggests this would meet City codes. City staffi does not agree. His understanding is that an off site sign is an issue with the City, so they looked at other options. Ms. Mau asked what was the City's opinion to having an off-site sign. Mr. Hickok �tated the sugge�tion requires a Ic�t split. Any time a lat split is required, it i� at the discretion of the City to make a determination as to whether or not they would prefer to do this. In this case, if it is independent with no land connecting it to the parcel across the strept, it is its o�vn lot. Its principal use is for a sign. It is a policy issue. Staff believes the policy of creating these small, off-site parcels would not be a good practice to get into. The first time they do this, they then have to answer for that in the future. He believes the City's counsel would take a different view of that based on history and how they would view a 600 square foot parcel. He did not believe such a lot split would not be approved. Mr. Pelstring stated that working with the City staff, with this one exception, has been very good. They have had issues in terms of screening. He thought the relationship in terms of getting the site plan app�oved and construction done has been very good. The signage has been a problem from day one. He knew it would be a challenge. They have been working on various options and solutions for the past 4 to 5 months. Th�t has led them to this request. • MOTION by Dr. Vos, seconded by Mr. Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:35 P.M. Dr. Vos stated he did not think he could find this place without a sign. He could not find it today and he has lived in Fridley for 28 years. He thought the City Council was going to have to grapple with this. He thought the petitioner had given a good case of a hardship. They are stuck behind four buildings from Highway 65 and three buildings from Osbome. Traffic goes pretty fast along there, and they need some visibility or they would never find them back there. The building is not right up there like some of those 16. And it is a unique use of the property - it is not a bus garage or with a limited amount of traffic in and out. This has to have a high visibility. He would vote in favor of the request. He would send it on to the City Council and let them make the decision. Ms. Mau stated she would welcome the addition of this business to Fridley. She would hate to see them not be able to market their business due to no one being able to find them from the sign. She does have a problem with a 200 square foot sign which is really large. Given the fact that you have to consider the principle of putting a sign on a 600 square foot parcel on the front, she can understand that this would set a precedent which the City would not want to do. Given the choice of the two options, she would prefer a 80 square foot sign there as opposed to a 200 square foot sign setback that she thought would still be difficult to see in the best of situations. She thought the code was 24.18 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 14 inappropriate for this particular site. This site definitely has a hardship. The City Council will have to work with this request. Mr. Jones stated he saw the issues of a lot split versus people just buying 600 square foot lots along the highways for signs. He sees this as a unique situation for this business. He does not like the idea of a 200 square foot sign that is 50 feet high and something that blocks the view of motorists coming in-and out of there. He does see a hardship based on the location of the lot. He was not sure if they were voting on the variance to approve a 50 foot high sign that is 200 square feet. If that is the case, he would vote no. If the Commission is voting to basically send the request to Ci#y Council, he would say they do need some type of variance�there to allow a sign. This is a unique situation based on the lot. There are two things here: (1) the buyer knew it when they purchased the property; however, (2) the City also knew it when they set the lots up that way and approved the plat. They need to find a way to make this work. Mr. Kuechle stated he thought there is a clear hardship in that the lot is remote from any main thoroughfares. It is also set back with a long driveway. It is sort of in the middle of the block. He can understand where some variance is needed. However, he could not approve a variance for a 200 square foot, 50 foot high sign for a number of reasons. The main reason would be that a large sign in a conglomeration of large signs is one thing. This sign would stick up in the middle of nowhere, but he thought that would make it even more obtrusive into the general landscape. While he can understand and would be in favor of some kind of accommodation for the petitioner, he could not vote for a variance for a 200 square foot, 50 foot high sign. Dr. Vos asked if this request would go to the City Council regardless of their decision. Mr. Kuechle stated yes. He thought the Commission's task is to provide input to the City Council. Mr. Hickok stated, based on the comments regarding the lot, such a lot would require a lot split also. If the direction sent forward to the City Council relates to a conforming sign on a separate lot, this would require a lot split. They could not make that determination without going through the Planning Commission process. He would recommend that this happen before it goes to the City Council. Mr. Jones stated he felt this must be clear that this does not open it up for people wanting signs on 600 square foot parcels. He can appreciate that staff has been working on this but, when he was driving along that area and with all of the businesses and signs, he questioned if anyone would be able to see a 50-foot high sign. You may see a wall sign, but you will miss other parts of it. He thought something near the road would be more visible, but he cannot approve a 50-foot high, 200 square foot sign. Mr. Kuechle stated he does not believe they are suggesting a fot split solution to the problem. He thought there is definitely some hardship involved with this site. At the 24.19 APPEALS COMMISSION MEETING, DECEMBER 9, 1998 PAGE 15 same time, he cannot approve or cecommend approval of a 50-foot high, 200 square foot sign. What the solution should be he did not know. Dr. Vos stated the City Council will have to make that decision. Mr. Pelstring stated he th�ught the Commission could now appreciate what they have b�en through. They have had a number of conversations and appreciated the comments in terms of recognition of the hardship situation. He would be more than happy to sit down with City staff and the City Council to find out what options would work best for the City and for them. They see a situation where they cannot work with the existing ordinance. He did not think a rooftop sign was adequate. He was not sure how that helps the commission's discussion. They will try to cooperate. They have laid out the 9ssues and the problems, anc� want to re�olve it. They are concemed about negotiating publicly and/or coming back with a second request. Mr. Kuechle stated the Commission's option is to recommend approval or to recommend denial. The commission is not in a position to negotiate. Dr. Vos stated the Commission does have the option to make a recommendation to City CounciL MOTION by Ms. Mau, seconded by Mr. Jones, to deny Variance Request, VAR #98-34, by Spikers Grille and Beachclub, to increase the size of a sign from 80 square feet to 200 square feet; and to increase the maximum height of a sign from 25 feet to 50 feet; and to place a free-standing sign on an entry driveway rather than the code requirements locating the sign 10 feet from any driveway or property line; to allow the constru�tion of a free-standing pylon sign on Lots 3& 4, A& R Addition, generally located at 7651 Central Avenue. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle stated the City Council would consider this request on January 4, 1999. MOTION by Dr. Vos, seconded by Ms. Mau, to recommend to the City Council to investigate a creative solution to the hardship as offered by the Petitioner in Variance Request, VAR #98-34, by whatever means possible even if it requires setting a precedent. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. BY KELLY WOLF: Per Section 205.04.06.A.(3) of the 24.20 Zoning Code, to increase the allowable MEMOl�:ANDUM PLANNING DIVISION Date: 12/24/98 To: William Bums, City Manager��!' From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Appeals Commission action on VAR #98-37 M-98-255 �� -•� • •, The City of Fridley has been asked, by Bruce Bogie, to grant a variance to increase the maximum lot coverage of the main building and all accessory buildings from 30% to 32%; to decrease the drive width from 25 feet to 23 feet; and to decrease the setback from the alley from 15 feet to 5 feet 9 inches to allow the construction of an 8-unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to Mechanicsville, generally located at 5427 4th Street. Staff made a recommendation that the petitioner move the main building two feet to the north to eliminate the need for the variance for the driveway width. This would require a variance to decrease the side yard setback from 15 feet to 13 feet. w. . � � � , . • At the December 23, 1998 Appeats Commission meeting, a public hearing was held for VAR #98-37. The following is the motion and vote of the Appeals Commission: MOTION by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance Request, VAR #98-37, by Merchants Maintenance & Construction to increase the maximum lot coverage of the main building and all accessory buildings from 30% to 32% to allow the construction of an 8-unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to Mechanicsville, generally located at 5427 4th Street. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 9:23 AM 25.01 Memorandum M I by Ms. Beaulieu, seconded by Ms. Mau, to recommend deniai of Variance Request, VA� #98-37, by Merchants Maintenance & Construction #o�° decrease the driveway width from 25 feet to 23 feet to allow the construction of an 8-unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to Mechanicsville, generally located at 5427 4th Street. UPON A VaICE VOTE, WITH MS. BEAULIEU, AAS. MAU, A�1D MR. KUEGHLE VOTING AYE, AND DR. VOS VOTING NAY, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED BY MAJORITY VOTE. M TI N by Ms. Beaulieu, seconded by Ms. Mau, to recommend approval of a variance to reduce the side yard setback from 15 feet to 13 feet to allow the construction of an 8-unit apartment building on Lots 22-25, Block 11, Ham:lton's Addition to Mechanicsville, generally located at 5427 4th Street. UPON A VOICE VOTE, WITH MS. BEAULIEU, MS. MAU AND MR. KUECHLE VOTING AYE, AND DR. VOS VOTING NAY, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED BY MAJORITY VOTE. M TI by Ms. Mau, seconded by Dr. Vos, to recommend approval of Variance Request, VAR #98-37, by Merchants Maintenance & Construction, to decrease the setback from the alley from 15 feet to 5 feet � inches, to allow the construction of an 8-unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to Mechanicsville, generally located at 5427 4th Street. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the Appeals Commission and grant Variance 98-37 as presented. Attachments 9.23,�' ` 25.02 City of Fridley Land Use Application VAR-98-37 - December 23, 1998 --_-- GENERAL INFORMATION SPECIAL Ii�TFORMATION Applicant: Bruce Bogie Merchants Maintenance & Const. FO Box 49963 Blaine, MN 55449 Requested Action: Variance Purpose: Construct 8-Unit Apartment. Existing Zoning: Residential - 3 Location: 5427 4`�. Street NE Size: 20,880 square feet .48 acres Existing Land Use: Vacant Surrounding Land Use & Zoning: N: Single Family & R-3 E: Multi-Family & R-3 S: Multi-Family & R-3 W: Multi-Family & R-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.09.03.C: Max. lot coverage of 30%. Sec.205.09.03.D.(4).(b): Driveway width of 25'. Sec. 205.09.OS.D.(5).(c): Alley setback of 15'. Zoning History: Land has been vacant, zoned R-3 Legal Description of Property: Lot 22-25, Block 11, Hamilton's Addition to Mechanicsville Council Action: 1/4/99 25.03 Public Utilities: Water and sewer are available at the site. Transportation: ` Site will be accessed by 4`� Street. Physical Characteristics: Vacant, covered with grass, oak trees. Lot is approximately 3' lower than alley. SUMMARY OF PROJECT Petitioner is requesting a variance to increase maximum lot coverage from 30% to 32%; to decrease driveway width from 25' to 23'; and reduce parking setback from alley, from 15' to 5'9" to allow the construction of an 8-unit apartment building. SUMMARY OF HARDSHIP "We have considered various other arrangements and designs and have concluded that the proposed plan is the most effective, we believe that acceptance of this variance will have no adverse effect or inconvenience to any of the adjacent properties." SUMIZARY OF ANALYSIS City Stafj`'recommends approval of variance. No similar variances have been granted in the past in R-3 Zoning Districts. Staff worked with petitioner to assist with the development of their project without variances. After scaling the project back twice, it was felt that the current arrangement is the best for an 8 unit building. All of the setback variances requested, are necessary for the petitioner to provide a garage stall for each unit. Planning Staffbelieves the extra storage spaces provided by the garages will help this complex keep it's neat appearance and not detract from the surrounding neighborhood. Staff Report Prepazed by: Paul Bolin � i � �� HARDSHIP STATEMENT _ `To develop named property to fullest potential as multi-family dwelling in keeping wifh building code requiremenfs, and property owners wishes. The proposed plan selected by the owners is an 8-unif rental building, conservatively designed, with 4 lower units ground level accessible, separafe garages, one stall per apartment. Consideration for existing lot elevations, surrounding properiies, dwellings and accessibility facfors have been our prime concem in the design of the proposed building, and gara�e plan. The plan-_ design caUs for slab on grade construction, to allow fhe main floor level to be mosf accessible - this plan does not have any areas of basement storage included. The elevations of the property drop from East to West as shown on proposed plot cross section. The elevation of the existing alley above the properfy requires addifional drainage considerations to alleviafe runoff as shown in cross section of building plan. The 8-unit design is a/so the most beneficial in regards to financial retum and revenue generation. The plan selected by the owners, has been arranged to accommodate the needs of elderly tenants and individuals who are /esser abled. The intention of the owners is to occupy three of the units themselves. We have considered various other arrangements and designs and have concluded that fhe propased plan is the most effective, we believe that acceptance of this variance will have no adverse effect or inconvenience fo any of the adjacent properties. We kindly request your indulgence fo granf this request for variance." -Irene Vasecka & Bruce Bogie ANALYSIS Sec. 205.09.03.0 of the zoning code allows a maximum lot coverage of 30%. Sec. 205.09.05.D.(4).(b) of the code requires a driveway width of 25'. Sec. 205.09.05.D.(5).(c) of the code requires a setback of at least 15' from an alley. Petitioner is requesting a variance to increase maximum lot coverage from 30% to 32%; to decrease the driveway width from 25' to 23'; and reduce parking setback from alley, from 15' to 5'9" to allow the construction of an 8-unit apartment building. Planning Staff worked with the petitioner to finrice scale back the size of the project in order to make it work without any variances. Staff feels that the current living area of the units is as small as it can be without being too small. At one point, staff suggested that the petitioner trim the number of units to 6, and make two of the units 3-bedroom units. The petitioner feels that the current layout is the most desirable to the owners and prospective tenants. 25.04 Because of the owners desire to use slab on grade construction and make the units accessible, options to scale back the size of the development are very limited. One option, proposed by Staf�, would be to move the entire building 2' to the north: A variance to decrease the sideyard setback from 15' to 13' would be required by zoning code Sec. 205.09.03.D.(2).(a). This variance wouid allow the property to meet the required driveway width of 25', eliminating that portion of this variance request. RECOMMENDATIONS - City Staff recommends approval of this variance. Staff studied past variances dating back to 1986, and found no similar variances had been granted in the past in R-3 Zoning District5. It also appeared that no` similar - requests had been made in R-3 Zoning Districts. Because of the owners desire to use slab on grade construction and make the units accessible, options to scale back fhe size of the development are very limited. The wider hallways, wider doors, larger bathrooms, and lack of stairs make these units very accessible. Decreasing the footprint of the building would take away the accessibility of the units. The elevations of the property are also a constraint to developing the site in accordance to the zoning code. The elevation of the existing alley, approximately 3' above the petitioners property, places additional constraints on the property. Planning Staff believes the setbacks requested are also necessary for the petitioner to provide a garage stall for each unit. The extra storage space provided by the garages will help this complex keep a neat appearance and not detract from the surrounding neighborhood. The 8 units of market rate, accessible, rental housing will be a welcome addition to Fridley's housing stock. - �{ 25.05 �M � MERCHANTS �M MAINTENANCE & CONSTRUCTION 781-8083 December 14, 1998 Hardship StatemenWariance Request OBJECTIVE: 5427 - 4th Street NE Licensed & Insured General Contractor P.O. Box 49963 Blaine, MN 55449 TQ develop named property to fullest potential as multi-family dwelling in keeping with the building code requirements, and property owners wishes. The proposed plan selected by the owners is an 8-unit rental building, conservatively designed, with 4lower units ground level accessible, separate garages, one stall per apartment. Consideration for existing lot elevations, sunounding properties, dwellings and accessibility factors have been our prime concern in the design of the proposed building, and garage plan. The plan design ca11s for slab on grade construction, to allow the main floor level to be most accessible - this plan does not have any areas of basement storage included. The elevations of the property drop from East to West as shown on proposed plot cross section. The elevation of the existing alley above the property requires additional drainage considerations to alleviate runofF as shown in cross section of building plan. The 8- unit design is also the most beneficial in regards to financial return and revenue generation. The plan selected by the owners, has been arranged to accommodate the needs of elderly tenants and individuals who are lesser abled. The intention of the owners is to occupy three of the units themselves. We have considered various other arrangements and designs and have concluded that the proposed plan is the most effective, we believe that acceptance of this variance will have no adverse effect or inconvenience to any of the adjacent properties. We kindly request your indulgence to grant this request for variance. Sincerely, �� -�� , Property Owners � , Merchants, Maintenance & Construction * Variance Request: To accept addition 2% over allowable 30% lot coverage. * To reduce North side yard setback from 15' to 13' - allowing building shift to accommodate parking - drive distance requirements. 25.06 �n Q I1Q K� �� '�I � m a+ Qa� � ~ I 331 00, �IN �� j J � � g N a �'3�� N W �� a �, �, �Wo�� WyW� � m��a �a a a ��;° ��,� � s �- -- -- -- � � � \ � ��.`�� .\ ;\ \�°C` "�\\;'. ��a \ .��\ � a ��\�3�°��\ ��t � \l �.�� I I � � .6•.5 j I �- � W J Q � I � I. �! m LL LL I� LL LL I �$'� ��' � �� .D T �R � := �. 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' — ----1-� ��_ ,��z � ' E S . -. � ,�� _ _ _ �- �. - - P��l�-,�'�2_��vs.�,�� `'�. - -----P,�oP-us�r� _f3��..-- -- - ------ --- -- .�.--._��r��.�v sv -.� _(��s�� - /� —� —� 9' . ------ -- �? _ . . _ . � �y.� ��s-_ __i�� — -- — U. _c_��o�,� � __ � _ ' ----- - /� ��%_ --�--� �� - � s � -�� ' -.- -- .. --- - - __.. v _-- � -..-.-- - . _��t/c.-�-��----_-.- .--; - --,�;P�'�-�-vi�--------- -�- � - -------� :� _ :1 � �---- --- -�-- --- - -�Ls , % l (.�-- �`-'_(�U/_�`7`�= ��—J-�-------- . - -- --- ��sr_-.�.r��.—��,�s --- 25.09 -- - .-, � � ��.�� CITY OF FRIDLEY 6431 UNIVERSiTY AVENUE FRIDLEY, MN 55432 _ _ _ _ _ � . _... _ _ - (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARlANCE APPLICATION FOR: ✓ Resident�al � -� Commercial�'I�dUStrQaO - 44 �Smgns PROPERTY INFORMATi N: - site plan required for submittal, see attached Address: �/a7 �...�,� � 1V �- � Property Identification Number: Legai Description: Lot ��'� o� Tract/Addition^ �Cl.�cui A�� Current Zoning: �_ Re son for Variance: �� / a. �,; �I�;' � Square footage/acreage: /� i _ . � n iY /! ;� .�.. � 0 � l'/i T /3 �' �L� i Have you operated a business in a city which required a business license? Yes No If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No ��_��_��..��_��..��........�.....,��.r.,._ FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: � rQr�2 �� l 0. 5�� ADDRESS: f�� )�I d N R b� S • lVa. .� � DAYTIME PHONE: 7��5ltG/ SIGNATURE/DATE• ..�...��..��_......�...��...��......�..�......�_��.....,��.........�..,...��......�...,..,...�.,.��.,.�� NAME: tS Q.c,�e ADDRESS: .o. DAYTIME PHONE: � :. � • � �_ � f.Q,�.� � ;A� SS SIGNATURE/DATE: � ��^= Section of City Code: �' FEES - _ Fee: $100.00 for commercial, industrial, or signs: +� � Fee: $60.00 for residentiaJ,� o��rties: Receipt #: ��a Received By: Application Number: y Scheduled Appeals Commission Date: �� 3) q� Scheduled City Council Date: � 10 Day Application Complete Notification Date: 60 Day Date: 25.10 a = � ' �i"`.� `t� * - K , �� a e�; .. . ... . i �y .-'r��l_ _- �,�:k:��' _ - � :y'� "::'�.. . ':F �' !. i:`�+' ".,""� _.. ." . c. � i t,. ";' : .'-. .: ' `` _ i: . ��[°. _._. . ,- ��-' �, � - . . . �pr j:` '�C.., i� ,:+''. it_ {' � � eie � � _ �� 'S '+: - s' Y.� .T. C a? � APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 3 Dr. Vos stated he noted that th survey that was shown does not reflect the existing buiiding that is or, the footprint. t also shaws a singie sta� garage 43��feet°firom the � house. A three-stall ga�age cu ntly exists near the house. Mr. Hickok stated the survey sho n is one that was in the address file from August, 1976. They have built a three-stall gara since the site plan was prepared. Ms. Beaulieu stated she had no pr blem with the request: It {ooks like tf�e petitioner needs to get to the patio. It sounds ike he could not go eiiher right or left without interfering with the basement windo s. Ms. Mau agreed. She did not see th�t the petitioner had much of a choice. M T N by Ms. Beaulieu, seconded Ms. Mau, to approve Variance Request, VAR #98-36, by David and Leanne Skjervol , to increase the allowable encroachment into the side yard of a comer lot from 3 feef to feet 11 inches to allow the construction of an open deck and steps on Lot 4, Block 3, ice Creek Terrace Plat 6, generally located at 6875 Washington Street. UPON A VOICE VOTE, ALL VOTING Al THE MOTION CARRIED UNANIMOUSL Mr. Kuechle asked for clarification of what Was it the fact that it was a step or was it i CHAIRPERSON KUECHLE DECLARED ers the requirements for a building permit. ict that it encroached? Mr. Hickok stated it is a complicated series o things that causes the need for a building permit. Something like this with a platform an railings would need inspection to see that the railing is adequate and the footings are ad quate. The safest thing to do is call the building department. Relatively small projects o not need a building permit. The fee is nominal, and it gives the owner the satisfaction f knowing the footings have been done correctly, the required elements are in place, th railings meet the code requirements, etc. 2. PUBLIC HEARING• CONSIDERATION OF VARIANCE REQUEST VAR #98-37. BY MERCHANTS MAINTENANCE & CONSTRUCTI : Per Section 205.09.03.0 of the Fndley Zoning Code, to increase the maximum lot coverage of the main building and all accessory buildings from 30% to 32%; Per Section 205.09.05.D.(4).(b) of the Fridley Zoning Code, to decrease the drive width from 25 feet to 23 feet; Per Section 205.09.05.D.(5).(c) of the Fridley Zoning Code, to decrease the setback from the alley from 15 feet to 5 feet 9 inches; To allow the construction of an 8-unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to Mechanicsville, generally located at 5427 4th Street. TI N by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading of the public hearing notice and to open the public hearing. 25.12 APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 4 ` UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED - ��Hf MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:43 P.M. Mr. Bolin stated the petitioners, Ms. Irene Vasecka and Mr. Bruce Bogie, are requesting three variances: (1) to increase the maximum lot coverage from 30% to 32%; (2) to decrease the driveway width from 25 feet to 23 feet; and (3) to reduce the parking setback from the alley from 15 feet to 5 feet 9 inches to construct an eight-unit apartment - building at 5427 4th Stteet. Code requires the lot coverage not to exceed 30%; driv�way width is to be a minimum of 25 feet; and the setback from an alley is to be no closer than 15 feet. Mr. Bolin stated the property is zoned R-3, Multiple Family. The properties surrounding this property are also zoned R-3; however, to the north and to the south is a single family home. There was a home on this site until recently. It is now vacant and ready for redevelopment. � Mr. Bolin stated there were no past variances given for this property. Recently, the land has been vacant and has been zoned R-3. Mr. Bolin stated the petitioners' hardship statement indicates: 'To develop named property to fullest potential as multi-family dwelling in keeping with building code requirements and property owners wishes. The proposed plan selected by the owners is an 8-unit rental building, conservatively designed, with four lower units ground level accessible, separate garages, one stall per apartment. Consideration for existing lot elevations, surrounding properties, dwellings and accessibility factors have been our prime concern in the design of the proposed building and garage plan. The plan design calls for slab on grade construction to allow the main floor level to be most accessible - this plan does not have any areas of basement storage included. The elevations of the property drop from East to West as shown on the proposed plot cross section. The elevation of the existing alley above the property requires additional drainage considerations to alleviate run off as shown in the cross section of the building plan. The 8-unit design is also the most beneficial in regards to financiaf retum and revenue generation. The plan selected by the owners has been arranged to accommodate the needs of the elderly tenants and individuals who are lesser abled. The intention of the owners is to occupy three of the units themselves. We have considered various other arrangements and designs and have concluded that the proposed plan is the most effective. We believe that acceptance of this variance will have no adverse effect or inconvenience to any of the adjacent properties. We kindly request your indulgence to grant this request for a variance." Mr. Bolin stated staff has worked with the petitioners to twice scale back the size of the project in order to try to make it work without any variances. Because the new owners desire to use slab on grade construction to make the units accessible, options to scale back the size of the development are very limited. Staff suggested at one point that the petitioner trim the number of units down to six and make two of the units three-bedroom units. The petitioner felt that the current layout is the most desirable to the owners and to prospective tenants. 25.13 APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 5 Mr. Bolin stated staff also proposed to move the main building two feet to the north to eliminate the need for the variance ior the driveway width: This would require a variance to decrease the side yard setback from 15 feet to 13 feet. Mr. Bolin stated staff did a lot of research going back to 1986 and could not find similar variances that had been granted. They could not find any instances where variances of this type have been requested in R-3 districts. Decreasing the footprint of the building wauld also take away some of that ac�essibil�ty: Tfie elevation of the alley does place constraints on the property. One would not be able to go down to a one-way driveway because of the retaining wall that is along the alley. Two of the variances are necessary to provide garage stalls for all of the units. �he eight-units of mark�t raie accessibl� housing would fit in well with the City's needs. � Mr. Bolin showed a picture of the retaining wall along the back edge of the property. The wall is about four blocks high. It would be very difficult tc put a one-way driveway through because of the wall. Mr. Bolin stated staff recommends approval of the variances to increase the lot coverage and to decrease the setback from the alley. Staff would like to suggest that, rather than approve the variance for the narrower driveway width, they would rather see the building moved two feet to the north. Staff feels that a 23-foot driveway width would not be very safe with the number of people coming in and out of the garages. Staff feel the two extra feet in the driveway was more important that two feet in the side yard setback. Mr. Kuechle asked the petitioner if he had anything to add to the staff report. Mr. Bogie stated he had no additional comments. To clarify the alley situation, they are asking for a setback also off the alley from 15 feet to 5 feet 9 inches which would be in keeping with the drainage plan on the east side of the property so that the runoff from the building would go into the parking area. The retaining wall has been a problem. The parking lot at the building to the east is one stall deep and those residents often hit the fence. By putting it back to six feet and putting the fence back six feet further should alleviate that problem. Mr. Kuechle stated he noticed on the building drawing that the driveway width is 24 feet but the variance is asking to 23 feet. Mr. Bogie stated the driveway width at the curb cut is 24 feet. Further up between the building and the garages they are asking for 23 feet. Mr. Hickok stated the drawing shows 24 feet for the driveway where it comes out to the street. Going east on the illustration where the sidewalk is located next to the building and where the garages are located on the south property line is where the dimension shows 25 feet. As staff has suggested, there are two different plans that have been submitted by the petitioner. One is asking for a 23-foot drive aisle initially. After discussing with staff their preferences, staff asked they also draw a site plan with a 25- foot drive aisle with the building moved finro feet to the north. The one included in the packet shows the 25-foot drive aisle but a reduced 13-foot setback to the north. 25.14 APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 6 Mr. Kuechle asked the petitioner for his response to the request to move the buiiding two feet. Mr. Bogie stated he had no problem in doing that. It would be a good solution. Dr. Vos stated the variance request for the drive aisle is from the garage to the parking stall. He understands the reason for the garages is because the tenants in the 8-plex will put their cars in the garage. Parking is availabte fo� 11 other spaces. The probability-of having all of the garages filled and all 11 stalls filled would be pretty rare. This is an imaginary line which is not from building to building but from building to parking stall. Mr. Bogie stated that if those stalls are filled, 23 feet does require a little maneuvering to get between the parked car and the entrance to the garage. It can be done but it is tight. Dr. Vos stated he also understands there is no way you can access the alley to the property because of the height difference. Mr. Bogie stated that is the main problem. If it was accessed, they would have to get to the garages at an angle. Then, there is also the drainage issue. It does slope to the south. Dr. Vos stated there was a statement from the homeowner to the north at 5645 4th Street. This should be the single family dwelling to the north. The homeowner at that location was concemed about moving the building two feet to the north. He was opposed to the variance requested on the original request. He would assume this is the only communication with the homeowner. Mr. Hickok stated that is coRect. This communication was received after staff talked with the petitioner about a reduced side yard setback to the north. MOTION by Ms. Mau, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:58 P.M. Mr. Kuechle suggested each variance be acted upon separately. M TI N by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance Request, VAR #98-37, by Merchants Maintenance & Construction to increase the maximum lot coverage of the main building and all accessory buildings from 30% to 32% to allow the construction of an 8-unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to Mechanicsville, generally located at 5427 4th Street. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Beaufieu, seconded by Ms. Mau, to recommend denial of Variance Request, VAR #98-37, by Merchants Maintenance & Construction to decrease the driveway width from 25 feet to 23 feet to allow the construction of an 8-unit apartment 25.15 APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 7 building on Lots 22-25, Block 11, Hamilton's Addition to Mechanicsville, generally located at 5427 4th Street. - - UPON A VOICE VOTE, WITH MS. BEAULIEU, MS. MAU, AND MR. KUECHLE VOTING AYE, AND DR. VOS VOTING NAY, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED BY MAJORITY VOTE. M TI N by Ms. �eaulieu,-seconded by Ms. Mau, to recommend approval of a varian�e to reduce the side yard setback�rom 15 feet to 13 feet to allow the constru�tion of an 8- unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to Mechanicsville, generally located at 5427 4th Street. _.. UPON A VOICE VO VOTING NAY, CHAIRPERSON KUECHLE DECLARED THE TING AYE, AND DR. VOS MOTION CARRIED BY MAJORITY VOTE. Dr. Vos stated he would explain why he is voting against the motion. This is moving a building that is 63 feet long two feet closer to a single family dwelling. He thought it was because someone cannot drive out of a driveway accurately. He would rather see a car get a ding than have a resident look at this building for the rest of his/her life. MOTION by Ms. Mau, seconded by Dr. Vos, to recommend approval of Variance Request, VAR #98-37, by Merchants Maintenance & Constniction, to decrease the setback from the alley from 15 feet to 5 feet 9 inches, to allow the construction of an 8- unit apa�tment building on Lots 22-25, Block 11, Hamilton's Addition to Mechanicsville, generally located at 5427 4th Street. • UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated the City Council would consider this request on January 4, 1999. 3. P B I t N �� ^. �. BY PAUL WESTBY: Per Section 205.09.05.D.(5).(a of the Fridley Zoning Code, to decrease the required setback from the right f-way to the driveway from 20 feet to 0 feet to extend the driveway for adequat fire protection for a proposed chiropractic clinic on Lot 9, Auditor's Subdivision N 88, generally located at 6431 Highway 65. M t by Ms. Mau, seconded by Ms. aulieu, to waive the reading of the public hearing notice and to open the public hea g. UPON A VOICE VOTE, ALL�VOHE PUBLE HEARING PEN AT 8 05 PDjy1 C�RED THE MOTION CARRIED AN Mr. Bolin stated Dr. Westby is requesting a va iance to reduce the required setback of a hard surface area next to the right-of-way from 20 feet to 0 feet in order to construct a driveway for adequate fire protection at his pro osed clinic. The clinic will be located at 6431 Highway 65. The code requires all hard s rface areas to be set back 20 feet from any street right-of-way. 25.16 ///. .\:. �/� �tii'�\\� � _ � =^ � - �. .� �;� „ h.�� t� ,,r� h�� Fridley Police Department M�emor-andur� To: Dr. Bill Bums From: Gary Lenzmeier�, Date: December 3'I , 1998 Re: Resolution for a Joint Records Project Attached is a resolution authorizing the execution and delivery of a Joint Powers Agreement relating to the Anoka County Joint Law Enforcement Central Records Project. On the recommendation of the Anoka County Joint Law Enforcement Council and the boazd's Management Committee, the County Board has approved contracts for a joint police records system softwaze and to set up the system, project management during instailation, and a joint powers agreement with participating cities for the financing and management of the project. In addition, the County has agreed to pay 50 percent of the initial capital cost up to $400,000. Once implemented the records system will allow officers throughout Anoka County to access police records created in any law enforcement jurisdiction in the County. The current record system used by the Fridley Police, purchased in 1980, is not Y2K compatible and, if Fridley were to independently purchase a new records system, it would cost much more than this joint venture. The cost of the system which includes Fridley's shaze of the capital cost, the Fridley server, the network hardware and the softwaze will be $125,581.83. This is an estimated figure and _is probably high. T'he fina( figure could be $20,000 less. The County will be financing this�entire cost and the �ity will have to pay this back to the County over the next four years. The City will have to pay an annual cost of $4,266 for the network line and the City equipment hazdware maintenance. The network line will be a T1 line and it will be replacing a regulaz phone line which is currently costing the City about $900 per yeaz. The T1 line will carry data for this system at a much higher speed and it will also cazry other Fridley data. There is also an annual cost of $10,123.08 which represents Fridley's shaze of the cost for the master server hardware and soflwaze maintenance, system administrator and the contingency fund. The City is currently paying $17,000 per year for hazdwaze maintenance for the aging Texas Instrument computer and the Enfore softwaze maintenance. Staff recommends that Council approve the resolution. 26.01. RESOLUTION NO. -1999 RESOLUTION AUTHORIZII�IG ° THE � EXECLTTION ' AND "� DELIVERY OF A JOINT POWERS AGREEMENT RELATING TO THE ANOKA COUNTY JOINT LAW ENFORCEMENT CENTRAL RECORDS PROJECT WHEREAS, it has been proposed that the County of Anaka, Minnesota (the "County") issue its capital notes on behalf of itself, the Anoka Joint Law Enforcement Council (the "Council") and the various cities that are represented on the Council (the "Cities") to finance the acquisition and instal�ation of an integrated law enforcement central records cammur�ucation system, including computer hardware and software (the "System"); and WHEREAS, in order to provide for the joint financing and operatian of the System by the County, the Council, and the Cities, it is necessary for the County and the Cities to enter into a joint powers agreement as required by Minnesota Statutes, Section 471.59; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota (the "City") as follows: Section 1. The City Council of the City of Fridley hereby authorizes and directs the Mayor and the City Manager (together the "Authorized Officers") to execute and deliver the Joint Powers Agreement by and between the Cities and the County (the "Joint Powers Agreement"). The Joint Powers Agreement shall be substantially in the form on file with the City Clerk on the date hereof, with such necessary and appropriate variations as the Authorized Officers, with the advice of the City Attorney, shall determine; provided that the execution thereof by the Authorized Officers shall be conclusive evidence of such determination. Section 2. This resolution shall be in full force and effect from and after its passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 26.02 ANOKA COUNTY ATTORNEY ROBERT M A. JOHNSON Government Center ♦ 2100 Third Avenue ♦ Anoka, MN 55303-2265 Mark Nagel, City Manager City of Anoka , 2015 First Avenue North Anoka, MN 55303 �`� Roger W. Fraser, City Manager City"of Blaine 9150 Central Avenue NE Blaine, MN 55434 Administration Civil Division Family Law & Mental Health Division (612)323-5550 (612)422-7589 Fax James W. Keinath, City Administrator City of Circle Pines 200 Civic Heights Circle Circle Pines, MN 55014 Jerry Splinter, City Manager City of Coon Rapids 11155 Robinson Drive NW Coon Rapids, MN 55433 Alex Wikstrom, City Coordinator City of Lexington 4175 Lovell Road, Suite 140 � ` �Lexington, MN 55014 , ! r James Norman, City Administrator City of Ramsey 15153 Nowthen Boulevard NW Ramsey, MN 55303 Barbara NeLson, City Administrator City of Spring Lake Park 1301-81st Avenue NE Spring Lake Park, MN 55432 Criminal Division Investigation Division Juvenile Division �ctim-Witness Services (612)323-5586 (612)422-7524 Fax December 18, 1998 Sandy Trossen, City Administrator City of Bethel 165 Main Street, P.O. Box 64 Bethel, MN 55005 Mayor Tom Wilharber City of Centerville 1880 Main Street Centerville, MN 55038-9794 Walt Fehst, City Manager City of Columbia Heights 590 - 40`� Avenue NE Columbia Heights, MN 55421 Dr. William W. Burns, City Manager City of Fridley 6431 University Avenue NE Fridley, MN 55432 Mary Vaske, Finance Director and David Pecchia, Interim City Administrator City of Lino Lakes _ . 1189�in Street Lino Lakes, MN55014 Steve Bjork, City Coordinator City of St. Francis P.O. Box 730 St. Francis, MN 55070 RE: Joint Law Enforcement Central Records Project , Affirmative Actic ZEi■�3 �ortunity Empioyer Page 2 December 18, 1998 Dear City Official: Enclosed please find a Joint Powers Agreement �o establish the relationship among all the poli�e departments, the Sheriff's Department and the County of Anoka f�: the Joint Law Enforcement Central Records Project. Also er�closed is a sample resolution authorizing the execution and the delivery of the Ioint Powers Agreement by your city. Attached to the Joint Powers Agreement is an estimate of the Shared Capital Costs, Shared Ongoing Costs, Annual Costs to be incurred by the city for line charges, and the Network Hardware and Licenses needed for your city. These costs are good faith estimates by the project consultant but actual costs will control. I am requesting that your city make a deternunation as soon as possible as to whether it will participate in this Joint Powers Agreement. If your city is willing to join, please execute a resolution authorizing your entering into this Agreement and return it along with a signed Agreement signature page to me. If you have questions, please call me at 323-5666. klh Enclosures cc: Robert M.A. Johnson, Chair Joint Law Enforcement Council Sincerely yours, � j�,� Cj . 1-0�' lil. � v� Anthony C. Palumbo Assistant Anoka County Attorney 26.04 Anoka Counry Contract No. ANOKA COUNTY J�INT LAW ENFORCEMENT CENTRAL RECORDS PROJECT JOINT POWERS AGREEMENT This Joint Powers Agreement ("Agreement") is by and between the County of Anoka, Minnesota (the "County") and the following cities located within the County: Anoka, Blaine, Circle Pines, Centerville, Columbia Heights, Coon Rapids, Fridley, Lexington, Lino Lakes, Ramsey, St. Francis (including Bethel) and Spring Lake Pazk (each a"City" and collectively, the "Cities") WHEREAS, the County and the Cities have previously recognized the need to cooperate in their law enforcement efforts, and have created the Anoka County Joint Law Enforcement Council (the "JLEC") for this purpose; and WHEREAS, the JLEC, the County and the Cities have determined that there is a need for alternative means to store and access law enforcement data, to communicate among law enforcement agencies, and to improve the speed and accuracy of law enforcement information requested from another jurisdiction; and WHEREAS, the JLEC has developed specifications and requested proposals for an integrated central records communication system, including computer hardwaze and software (hereinafter, the "System"), to address the foregoing need; and WHEREAS, The County is authorized under Minn. Stat. § 373.01, subd. 3, to issue capital notes without a referendum to finance capital equipment including public safety and data processing equipment; and WHEREAS, the Cities are similarly authorized under Minn. Stat. § 412.301, to issue certificates of indebtedness or capital notes without a referendum (provided that the amount of - -- - • ti � 26.05 ' Anoka Counry Contract No. the debt does not exceed 0.25 percent of the market value of taxable property in the City) to finance capital equipment including public safety and data processing equiprnent; and WHEREAS, Minn. Stat. § 471.59 provides for the joint exercise of common or similar p�wers by governmental units, and also provides that a county may perform on behalf of another governmental unit any service or function which that unit would be authorized to provide for itself; and WHEREAS, the purpose of this Agreement is to provide for the joint financing of the System and to provide for the sharing of the ongoing costs of the System; NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: SECTION ONE FINANCING OF CAPITAL COSTS The County will acquire the System in accordance with laws applicable to the County. All participant Cities will share in the initial costs of the softwaze, the network and project managers fee and the master server and attendant costs and the legal, �nancing and underwriting costs for the Notes, defined below, (Shazed Capital Costs;�nd agree to repay their pro rata portion to the County according to the provisions of Attachment A. The Shared Capital Costs will include the following: 1. 2. 3 cost of the Vision, Inc. software cost of the Network and Project Managers fee cost of the master server to serve all participants -2- __ __ . I 26.06 ($644,869) ($56,625) ,4j . ,. �� Q a server b software and licences c router/csu/dsu & installation d hubs cost of legal, �nancing ar.d note underwriting Total Anoka Counry Contract No. ($33,000) ($15,036) ($ 7,000) ($ 1,100) ($30,000) ($787,630) The parties hereto recognize that the System may require certain upgrades to existing computer hardwaze owned by the respective Cities (the "City Equipment"). The County will purchase this upgrading equipment from the Note proceeds and will transfer title thereto to the applicable City, as provided in Attachment A hereto. Repayment to the County by the individual City for its City Equipment will be according to the schedule set forth in Attachment A. Individual City Equipment costs will be borne only by that City and will not become part of the Shared Capital Costs. In addition, Cities may wish to purchase additional modules from Vision, Inc. or may want to have their existing data converted into the new computer system. These costs for additional modules or data conversion will be borne directly by each City. All other elements of the System, including the software and the master-server-,�i11 be owned by the County, subject to the rights granted to herein to each participating City and to the terms of Section Six. The County agrees to pay $400,000 of the Shazed Capital Costs. The remaining $387,630 will be paid by the Cities pro rata according to the following ratio: Anoka Blaine Circle Pines, Lexington and Centerville (jointly) -3- 26.07 10.8 % 19.8 % 4.0 % Columbia Heights Coon Rapids Fridley Lino Lakes Ramsey St. Francis and Bethel (jointly) Spring Lake Fark 10.1 % 26.1 % 14.1 % 3.7 % 5.2 % 2.4 % 3.8 % Anoka County Contract No. These percentages reflect the number of that City's calls for service made to Anoka County Central Communications in 1997, divided by the total number of calls for service, excluding the Sheriff's Dept. calls. In order to iinance the initial acquisition and installation costs of the System (including Shared Capital Costs and City Equipment Costs and allocable legal, iinancing and underwriting costs) that in the aggregate cost approximately $1,168,457 (the "Total Capital Costs"), the County will issue General Obligation Capital Notes (the "Notes") in an amount sufficient to iinance the System. Disbursement and accounting of the proceeds of the Notes shall be governed by the County's resolution authorizing the issuance of the Notes. In order to provide for the iinancing of the Capital Costs, each City (either individually or jointly as noted above) shall pay to the County,that City's annual debt service payment on each date that is fifteen days prior to the dates that debt service�,sdue on the Notes. Debt service payments with respect to the System will be allocated to each City based on the cost of that City's Equipment purchased through the County, plus that City's percentage share of the Shared Capital Cost plus th-at City's shaze of the interest and fiscal agent's fees on the Notes. Pursuant to this Agreement, County will pay the first $400,000 of the total debt service on the Notes. All remaining debt service will be the obligation of the Cities. -4- . 1 : Anoka Counry Contract No. In order to provide for the debt service payments described above, and consistent with ��y Minn. Stat. § 412.301, each City s#al4levy a tax as provided in Minn. Stat. § 475.61. It is recognized by the parties hereto that such levies may be treated as "special levies" within the meaning of Minn. Stat. § 275.70, subd. 5. SECTION TWO ONGOING COSTS The ongoing support and maintenance costs of the System (the "Shared Ongoing Costs") are to be shared by the County and the Cities. The Shared Ongoing Costs shall be determined by JL.EC. These costs are estimated to be the following, per year: 1. 2. 3. 4. 5. software maintenance contract with Vision, Inc. master server network line (10 connections) � with U.S. West master server network hardware maintenance master server maintenance by Systems Administrator. contingency fund Total ($35,000) ($ 6,384) ($ 306) ($35,000) ($ 7,669) ($84,359) The County shall retain the contributions to the contingency fund and shall make them available for use by JLEC) in any manner JLEC deems appropriate for the System. The parties understand the above described figures are estimates of mutual costs and may vary and increase during the term of this Agreement. The Cities and the County shall contribute to these Shared Ongoing Costs in accordance with the following percentages: County Anoka Blaine -5- 26.09 15.6% 9.0% 16.8% �� Circle Pines and Lexington (jointly) Columbia Heights Coon Rapids Fridley Lino Lakes Ramsey St. Francis and Bethel (jointly) Spring Lake Park 3.3% 8.6% 22.1% 12.0% 3.1% 4.4% 1.9% 3.2% Anoka Camty Contract No. A review of each City's calls for service will be made on January 30, 1999 for the calendar year 1998 and every other year thereafter on January 30, so that adjustments to these percentages will be made tor the following year's payment. Individual City hardware maintenance will be their own responsibility and not part of the Shared Ongoing Costs. The County shall determine the amount of the Shared Ongoing Costs according to the above formula and shall bill the Cities for their share on a quarterly basis. Each of the Cities shall pay the County for their allocable share of the Shared Ongoing Costs within 30 days of receipt of the bill from the County. The County shall strictly account for the disbursement and receipt of funds related to the Shared Ongoing Costs. Each City shall be directly responsible for maintenance and other ongoing costs related specifically to the City Equipment described above. SECTION THREE ADDITION OF MEMBERS If another police agency wishes to have access to the System as described herein, it must obtain permission from the Joint Law Enforcement Council (JLEC). Approval and participation in the System will be on terms deemed appropriate by the JLEC.. � 26.10 ' x Anoka Counry Contract No. SECTION FOUR POLICY DIRECTION REGARDING USE OF SYSTEM In accordance with the Joint Law Enforcement Council Agreement that established the Council and the Rules of Procedure applicable thereto, the JLEC shall provide ongoing poiicy direction regarding the use of the System. SECTION FIVE REPRESENTATIONS The County and each of the Cities represent that its governing body has duly authorized the execution and delivery hereof, and that upon such execution and delivery, this Agreement will be binding as against such party. Each City represents that its shaze of the Total Capital Costs described above does not exceed 0.25% of the market value of taxable property in such City, and does not cause the City's debt limit to be exceeded. The County hereby represents that the System has a useful life at least equal to the term of the Notes, and that the issuance of the Notes does not cause the County's debt limit to be exceeded. SECTION SIX DISTRIBUTION OF PR�ERTY Upon the disposition of any part of the City Equipment provided as part of the System, the disposition proceeds will be the property of the applicable City. Upon the disposition of any other part of the System, the disposition proceeds shall be shared in accordance with the following percentages: County Anoka -7- 26.11 15.6 % 9.0 % Blaine Circle Pines and Lexington (jointly) Columbia Heights Coon Rapids Fridley Lino Lakes Ramsey St. Francis and Bethel (jointly) Spring Lake Park 16.8 % 33 % 8.6 % 22.1 % 12.0 % 3.1 % 4.4 % 1.9 % 3.2 % Anoka County Contract No. Any other surplus funds arising as a result of this A�eement after the purpose of this Agreement has been completed shall be shared in the same percentages. SECTION SEVEN TERMINATION his Agreement shall not terminate nor may any party terminate its participation herein prior to the date the Notes are paid in full. Any City terminating before the Notes are paid in full shall remain liable to the County for the term.inating City's part of the Shared Capital Cost and the City Equipment Cost that remains unpaid. Thereafter, any party may terminate its participation in this Agreement and may terminate its participation in the System by written notice to the other parties at least 90 days prior--to� effective date of such termination. Upon any such ternunation, the remaining parties' share of the Shared Ongoing Costs shall be adjusted accordingly. Such withdrawal shall not terminate this A�eement except as to the terminating party. Except as provided above, this Agreement shall continue for so long as the , System remains placed in service. � 26.12 Anoka County Conuact No. SECTION EIGHT MISCELLANEOUS This Agreement constitutes the entire agreement of the parties on the matter related hereto. This Agreement shall not be altered or amended, except by agreement in writing signed - by the parties hereto. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. This Agreemeut may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers pursuant to resolutions adopted by their respective governing bodies as of this day of December, 1998. � 26.13 COUNTY OF ANOKA : Dan Erhart, Chair Board of Commissioners ATTEST: I� John "Jay" McLinden County Administrator Approved as to form and executiQn Assistant County Attorney -10- 26.14 Anoka County Contract No. CITY OF ANOKA By: Mayor By: City Manager -11- 26.15 Anoka County Contract No. CITY OF BETHEL By: Mayor By: Clerk-Administrator Anoka County Contract No. -12- 26.16 CITY OF BLAINE By: Mayor By: City Manager -13- 26.17 Anoka Counry Contract No. CITY OF COLUIVIBIA HEIGHTS By: Mayor By: City Manager -14- 26.18 Anoka County Contract No. CITY OF COON RAPIDS By: Mayor By: City Manager -15- 26.19 Anoka County Contract No. CITY OF FRIDLEY By: Mayor By: Clerk-Administrator -16- 26.20 Anoka County Contract No. CITY OF LINO LAKES By: Mayor By: City Administrator -17- 26.21 Anoka County Contract No. CITY OF RAMSEY By: Mayor By: Glerk-Treasurer i: 26.22 Anoka County Contract No. CITY OF ST. FRANCIS By: Mayor By: Clerk-Treasurer -19- 26.23 Anoka County Contract No. CITY OF SPRING LAKE PARK By: Mayor I� Administrator/Clerk/Treasurer -20- 26.24 Anoka Counry Contract No. Anoka County Contract No. CIRCLE PINES - LEXINGTON - CENTERVILLE JOINT POLICE COMNIISSION OBO CITIES OF CIRCLE PINES, LEXINGTON AND CENTERVILLE : I� : : Commission Chair Commission Member - Circle Pines Commission Member - Lexington Liaison to Commission - Centerville I:\CIV ATTYWCP�CONTRAC'NLEC�CITIES. AGR -21- 26.25 One-time Initial Investment bv All Users Together: ANOKA COUNTY MASTER SERVER Officers 359 Users 215 1) COMPUTER HARDWARE a. SERVER � Large server Software and Licenses MS BACKOFFICE and 60 Client Licenses b. WORKSTATIONS 0 Additional Workstations. 2) NETWORK HARDWARE a. ROUTER/CSU/DSU AND INSTALLATION CISCO 1601 Router and Installation 10 Connections PVC Frame Relay b. HUBS 100 Base Hub 3) Vision, Inc. Software 4) Network & Project Management Fee -- 5) Legal, financing and underwriting fee Total: Minus: County Share TOTAL ( Each City's contribution to this cost will be determined by the formula set forth in Section One): 26.26 $33,000.00 $15,036.00 $ 0.00 $7,000.00 $1,100.00 $644,869.00 $ 56,625.00 $ 30,000 $787,630.00 — $400,000.00 $387,630.00 . w These Costs will be Shared Bv All Users Together Each Year: 1) Mast�r Ser�er Connections NETWORK LINE 10 Connections (US West Lines would run $591 per month). 2) Master Server Hardware Maintenance 3) Master Server Software Maintenance - to Vision, Inc. 1998 cost for 8:00 a.m - 5:00 p.m. 4) Master Server Systems Administrator 5) Contingency Funding (10% of above costs) Total Estimated Annual Costs To Be Shared By All Users Together: $6384.00 $306.00 $35,000.�0 $35,000.00 $ 7,669.00 $84,359.00 (Each City's contribution to these costs will be determined by the formula set forth in Section Two). � � 26.27 ATTACHMENT A 26.28 City of Fridley Police Department Officers 36 (These costs are estimates only; actual costs will control) • Users 20 1) Purchases by the County which are to be repaid over 4 years: a. COMPUTER HARDWARE SERVER (installed by Vision, Inc. & City) Larger server est:mated b. SOFTWARE AND LICENCES MS BACKOFFICE and 15 Client Licenses (installed by Vision, Inc. & City) c. WORKSTATIONS (Installed by City) The City would need 0 additional workstations. The costs for these would be off the State contract Prices from $1000.00 to $1600.00 on these systems. d. NETWORK HARDWARE (Installed by U.S. West & City) ROUTER/CSU/DSU AND INSTALLATION CISCO 1601 Router and Installation 2 PORT SERIAL MODULE FOR Cisco 4500M CSU/DSU for T1 Cisco PIX�w/>64 users (to replace M3Proxy) File server matching project specs w/UPS HUBS 100 Base Hub NIC CARDS FOR WORKSTATIONS 100MB NIC cards for each work station at 80.00 Subtotal: : e. SHARED CAPITAL COST 26.29 $25,000.00 $6,426.00 $00.00 $3,500.00 $1,600.00 $1,300.00 $12,000.00 $20,000.00 $1,100.00 ',�� $70,926.00 2) 3) (Installed by Project Manager, Vision, Inc. and host dept.) Master server + network hazdware + Vision, Inc. software + Project & Network Management fee = $787,630.00 - County portion - $400,000.00 $387,630.00 X 14.1 % (Fridley ratio) _ $ 54,655.83 Fridley portion of Shared Capital Cost TOTAL (to be repaid to County over 4 yeazs): These costs are what the City must pay annually on its own: a. [� Network Line (installed by City & U.S. West) City Equipment Hardwaze Maintenance Total individual City annual cost: These are the Shared Ongoing Costs the City must pay annually: Master server connections + master server hazdware + master server software maintenance (Vision, Inc.) + Systems administrator + contingency fund = $84,359.00 X (Fridley ratio) 12.0 % 0 � Fridley annual Sttared Ongoing Cost 26.30 $10,123.08 $54,655.83 $125,581.83 $ 3,960.00 $ 306.00 $ 4,266.00 $10,123.08 ��*� MEMORANDUM TO: BILL BURNS, CITY MANAGER �I� � FROM: BILL CHAMPA, MANAGEMENT ASSISTANT BRIAN STRAND, VIDEO SPECIALIST SUBJECT: PROPOSED 1999 AGREEMENT BETWEEIV THE CITY OF FRIDLEY Alr1D THE FRIDLEY COMIVIUlvICATIONS WORKSHOP (E.T.C. CHANNEL 33) DATE: DECEMBER 30,1998 The City Council has authorized $43,554 of the Cable Television franchise fee to be given to the Public Access Workshop for the year 1999. This represents a 2 percent increase over 1998 when $42,700 was appropriated. The attached 'proposed agreement executed by the Fridley Communications Workshop (E.T.C. Channe133) incorporates $45,300, which is a 6.1 percent increase over 1998. There is a discrepancy between the amount the City has appropriated and what E.T.C. is recommending. Other than the dollar amount and dates, the proposed agreement is worded the same as the 1998 agreement. If $43,554 were approved, the City would pay four equal payments of $10,888.50 to E.T.C. from the quarterly franchise fee payments received for the budget year 1999. We request that you present this information to the City Council for consideration and discussion at their meeting on January 4, 1999. - 27.01 �C�"E�IVED NOV 3 C �� . . , � � , . � - �'� � �,. _� I '" '� `��' FRIDLEY COMMUNICATIONS WORKSHOP 350 63RD AVENUE NE, FRIDLEY, MN 55432 (612) 571-9144 ` .` EVERYE�N�`S T�LE�[St�l� �HA�NEL November 25, 1998 William W. Burns City Manager City of Fridley 6432 University Ave NE Fridley, MN 55432 Dear Mr. Burns, We would like to thank the City Council for their continuing support of the Fridley Communications Workshop activities. We have received the agreement between the city and the FCW for 1999 providing the Workshop with funding to continue our work in providing public access in cable television to the community. At the moment we are working on a program tilted "Santa's Gift for Children". We feel with the success of the past Bloodmobile Drives, a toy drive for needy children (which will be co-sponsored by The Children's Home Society of Minnesota) would be nothing short of a success. It would involve community families bringing their children to visit with Santa and giving him a toy to give to the needy children. This is something we are looking to making a yearly Workshop tradition. Without the support of the City, we would not be able to produce this or any kind of programming for the community. Furthermore we would be unable to continue our classes, keep our doors open, and develop contacts within the community sans the aid that you bestow upon us. We look forward to the next year. Sincerely, Carl J. erno Director of Operations Fridley Communications Workshop 27.02 . r ►� ETC 33 �� 01 /04/99 �� 1 0 ° Public Access is now, and always has been, an essential aspect of our Cable Television Franchise Agreement with Paragon Cable and its predecessors. The Franchise Agreement assigns the responsibility for Public Access to the City of Fridley and also provides for the City of Fridley to name an agent to do the actual operation of the Public Access. For nearly a quarter of a Century, the City of Fridley has entered into annual agreements with Everyone's Television Channel 33, also known as Fridley Communications Workshop, and also Formerly known as Anoka County Communications Workshop. The current Agreement with ETC 33 ended on December 31, 1998. Certain costs of the Public Access are paid for by the Fridley residents that are subscribers of the Cable System: Building maintenance and misc. costs of approximately $ 7,000.00 per year; equipment repairs of approximately $ 4,000.00 per year; and annualized replacement equipment costs of approximately $ 8,000.00 per year; for a total of subscriber paid costs of approximately $ 19,000.00 per year. The City of Fridley pays $ 42,000.00 from its funds for the operation as well, making a total cost to the Taxpayers and subscribers of approximately $ 61,000.00 per year for Public Access. The annual Agreement with ETC provides for certdin information to be prov�ded to the City of Fridley on a quarterly basis. This is to allow the City to monitor the effectiveness of its relationship with ETC 33. In July 1998, ETC did not provide any information on the services provided. In October 1998, ETC did provide some information, but not with the level of content that the City is accustomed to. With this fact in mind, in November of 1998, the City of Fridley requested specific information from ETC 33. This request was designed to determine the level of usage by Fridley residents. At the writing of this, such informatiora has not been provided. It is my understanding, based on conversations from 1997 with the former Executive Director of ETC 33, that any time equipment is loaned out, or any time the studio is used, the end resulting product must be aired on the Channel. Without the benefit of accurate information from ETC 33, and bdsed solely on casual observation of Channel 33 for the past couple of years, it would appear that there are only 6 to 10 Fridley residents that actively participdte in the production and presentation of programming for ETC 33. '1 While there are participants from other cities in the metro area, the costs are paid primarily by Fridley residents and Taxpayers. The City of Fridley has an obligation to provide senrice to the residents and Taxpayers of the City of Fridley. The costs calculate to $ 6,000.00 to $ 10,000.00 per Fridley parficipant in Channel 33. Again, I will emphasize that Public Access is an essential element of our Cable System. While ETC 33 has been a valuable agent for the City of Fridley, it is time to evaluate whether another operator can provide the same, or better, service at a lower cost. l.) I move to table indefinitely the 1999 Agreement between ETC 33 and the City of Fridley. If this motion is successful: 2.) I move to authorize the City Manager to enter into agreement with Paragon Cable for temporary Public Access service for Fridley residents. Further to request Paragon Cable to protect, to the best of its ability, the interests of the City of Fridley. 3.) I move to authorize the City Manager to develop an RFP for Public Access and to contact, at a minimum, Paragon Cable, School District 14, and ETC 33. Furfher to authorize the City Manager to evaluate the possibility of Public Access being provided by Fridley City Staff. The results of which shall be presented to the Cabie Television and Telecommunicafiions �ommission before June 1998. 4.) I. move to authorize the City Manager to negotiate with ETC 33 for the withholding of any payments due, or the reimbursement of payments made, relative to the failure of ETC 33 to meet the requirements of the 1998 Agreement. 5.) I move to authorize Paragon Cable to retrieve all keys to the building from ETC 33, and to provide reasonable access to ETC 33 during normal business hours, or as otherwise mutually agreed, for the purpose of removing the personal property of ETC 33. 6.) I move to request that the City Manager, Chair of ETC 33, and Paragon Cable, each authorize a representative to do a"walk through" of the building to determine what belongs to each entity. Agreement Between the Citv of Fridlev and ETC-33 Fridlev Communications Workshoa This agreement made and entered iuto this 25'" day of November 1998, by and between the City of Fridley, a l�innesota mu:.i;,ipal corparation, in t�e courrty of Anoka, State of Minnesata, hereinafter referred to as "the City" and ETC Fridley Communications Workshop, Incorporated, hereinafter referred to as "ETC"; a non-profit organization in the county of Anoka, State of Minnesata, witnesseth: For and in consideration of the promises, covenants, terms and prov+.sions herein contained, the parties mutually agrEe as foliaws: 1. Period of Agreement. This agreement for a 12 month period shall be effective January 1, 1999, throebh �ecember 31, 1919, nnless atherwise terminated by either party with a 90 day written notice. Upon termination of the agreemerrt, all uncommitted amow�tts shall be determined and agreed upan by the City Manager and ETC. 2. Responsibilities of ETC Fridley Communications Workshop, Inc. ETC agrees to provide, on behalf of the City, services to the Fridley residents as follows: a. To educate members of the public to the potential uses of video communications in the community. b. To provide training and technical assisstance that will promate citizen use of available cablecasting facilities as a non-commercial means of communications. c. To serve as a resource center for information, materials, and equipment relating to the use of video as a communications medium. d. To serve as a receiving, holding and disbursing emity for moneys intended to promate non-commercial citizens' use of the channel. e. To provide at the request of the City, assisstance to the City staff in the programming of its' government access channel, at no additional cost. 3. ETC further agrees to keep and maintain a qualified staff of personnel, both paid and volunteer, necessary to perform the services herein set forth. ��3,� 55 �{ � 4. For the period of this agreement, the City will grant to ETC the amount of ��4�;389:Off from the cable franchise fee from the curreirt cable supplier to the City. Quarterly amourrt shall be payable upon receipt by the City of the quarterly franchise fee payment from the supplier. 5. ETC shall keep accurate and complete records of financial transactions and shall provide to the City, on a quarterly basis April 1, 1999: July 1, 1999; October 1, 1999; and February 1, 2000, a complete written financial report of its' operations during the period of this agreement. Said records shall include an accounting system maintained in a generally accepted manner, including, if applicable, the filing of proper tax retums to the Federal and State Governmerns, such as payroll tax returns of corporate income tax retums. Said records shall be available for inspection by the City Manager, members of the Council, and Cable Commission Members during regular business hours. 6. ETC shall provide to the City a written report of its' aperational activities, including whatever data will assist the City in evaluating the effectiveness of ETC in the provision of the services herein set forth. Said report will be provided to the City within sixty days after the completion ofthis agreement. ETC will provide urterim reports of its' operational activities April 1, 199�; July 1, 1998°; October 1, 199�; and February 1, 2000. � � � 27.03 7. ETC shall indemnify, save and hold harmless the City, and all of its' officers, ageats and employees from any and all claims for losses, inju�ies, damages, and liabilities to persans or - - property occasioned wholly or in part by the acts or omissions of ETC, its' agems, officers, employees, members, guest patrons, or any person or persons associated with ETC for any purpose. 8. Insurance. ETC will provide prvof of liability i.nsurance, naming the City as an additional insured �a an amoi:nt and form as approved by the City Manager. 9. ETC shall provide the City documentation that it has obtained non-profit, tax-exempt statutes from the Feder�l Intemal Revenue Service andl the State of Minnesota Departme� of Revenue. 10. It is understood and agreed that no aheration or variati� of the terms of this agreement shall be valid unless made in writtng and signed by the parties hereto. 11. In the event of a breach by ETC of the terms or conditions of this agreement, the City shall have, in addition to any ather legal recourse, the right to terminate this agreement. In witness whereof, the parties have caused the agreement to be executed by their proper offieers, thereunto duly authorized. William W. Burns, City Manager Nancy J. Jorgenson, Mayor � Becky et, ETC Chairperson • � � �� Richard A. Klatte, Treasurer 27.04 CITY OF FRIDLEY 1999 CITY COUNCIL AND STAFF APPOINTMENTS 1998 REPRESENTATIVE: Mayor Pro Tem: Councilmember-at-Large Barnette Anoka County Law Enforcement Council Councilmember-at-Large Barnette, Rep. Councilmember Schneider, Alternate Association of Metropolitan Municipalities: Mayor Jorgenson, Delegate Councilmember Bolkcom, Alternate League of Minnesota Cities: Councilmember Billings, Representative Mayor Jorgenson, Alternate School District Nos. 13 and 14: Councilmember-at-Large Barnette, Representative Councilmember Bolkcom, Alternate School District No.16: Councilmember Billings, Representative Councilmember Schneider, Alternate Northstar Corridor Development Authoriiv: Councilmember Billings, Representative Jon Haukaas, Asst. Public Works Dir., Alt. North Metro Convention & Visitors Bureau: Vacant 1999 APPOINTEE: 28.01 �J uJ�i-e-t�'- 12-3 �i -99 12-31-99 12-31-99 12-31-99 12-31-99 12-31-99 12-31-99 12-31-99 12-31-99 12-31-99 12-31-99 12-31-99 12-31-99 12-31-99 a FRIDLEY CITY COUNCIL MEETING OF �oF JANUARY 4,1999 FRIDLEY INFORMAL STATUS REPORTS