The URL can be used to link to this page

10/11/1999 - 4662,� , ,; r � T � OFFICIAL CITY CITY COUNCIL AGENDA CIT'y CpUNCIL MEETING OCTOBER 11,1999 d _ �� r FRIDL$Y CITY COIINCIL MEETING DENCE SHEET c�n� ATTEN 19 9 9 � Fwo��r M01�'DAy, OCT�BER 11, � 7:30 P.M. ADDRESS AND ITEM NUP'IBER YOU ARE INTERESTED IN PLEASE PRINT NAME► CLEARLY) ADDRESS PRINT NAME ( , n � � � �� _ � �� '� h'� � � Y' � r„ i J Q � / v� 5� �� T � r �2 ( Y� �i= `' N � �� i,l . � , Juy�-i� � i T� N i _ � ,� ��o�_ �� ,=� �T � �f r, �. �. �= f la i 7' U� —. _ �� v� ,u� �� Fc.s� � , J 6 f--r � o%�. , �i YY / j�, �-/� L� JCIY�G? it_ : � � � �` l �'�`�� n �'`�A� � � r< <. << L ' ' `� ,, - i � � ` C,�-�^-�- "�� _ ,�,,� ,. ', " �—�a,� l�r. G6� ��c �v„ -� I _ �, � - f 6 - �� c,. � �; <^ c e Ic_ I �,� , �, , � �--� �,�� f�<<�_ �� — , . .--..: _ � � `^ � Z � ��' � vc> �' � �, 1 , � � ( ��is a'� �� ,� :� � �µ _S % , i vs . „l) �',.,.ra.� >>n � � ��%�/t�� ..�,_ _ �. � �� \(-6 C' S:i--�l S�` ` C 1�i — � �� 0 ct 5� yf �� ITEM NUMBER :� C �� r � 11�_�, m �� .,�,�;�/ , n �, �' � c�: c�� egL_ � �� GC'/�Gj � ( ( /, � �f�i�� j % v�� j � ��,.*J�'`'�u.� �, /l / 5' � � CITY COUNCIL MEETING OF OCTOBER 11, 1999 CRY OF FRIDLEY The City of Fridley will not discriminate against or hazass anyone in the admission or access ta, 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. PROCLAMATION: Karl Schurr Appreciation Day: October 18, 1999 Minnesota Manufacturers Week: October 25 — 29, 1999 Student Foreign Exchange Week: October 11— 17, 1999: In Honor of Gulsah Basaran from Germany; In Honor of Sebastian Fischer from Germany; In Honor of Marco Gobetti from Italy; and In Honor of Yi-Jun Xu from China. APPROVAL OF MINUTES: City Council Meeting of September 13, 1999 City Council Meeting of September 20, 1999 PRESENTATION: By Dr. Don Helmstetter, Superintendent of Independenf School Disfrict 16 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11,1999 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Planning Commission Meeting Minutes of September 15, 1999 .................................................... 1-17 2. Resolution to Vacate the Portion of Cheryl Street Befinreen Lots 1-9, Block L and Lots 25-32, Block M, Riverview Heights Addition, Anoka County, Minnesota (SAV #99-04, by Michael and Claudia Geis); and Preliminary Plat Request, P.S. #99-04, by Michael and Claudia Geis, for a Subdivision to Replat Property into Two Separate Properties, Generally Located at 520 Dover Street N.E. (Ward 3) ....................................................................................... 18 - 24 3. Special Use Permit, SP #99-10, by George Bydlon, for a Proposed Second Accessory Building, Generally Located at 6454 Riverview Terrace N.E. (Ward 3) .................................................. 25 - 31 4. Variance Request, VAR #99-24, by John Litchy for American Legion Post #303, to Reduce the Side Yard Setback from 15 Feet to 6 Feet to Allow the Construction of an Addition, Generally Located at 7365 Central Avenue N.E. (1Nard 2) ............................................. 32 - 37 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11,1999 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Approve Comprehensive Sign Plan for Fridley Commerce Center, Generally Located at 201 — 57t" Avenue N.E. (Ward 3) .................................................. 38 - 46 6. Receive Bids and Award Contract for the Purchase of Conveyor Shelving, Cooler poors and Refrigeration System for the New Cooler at the New Liquor Store Location (Ward 3) ............................................ 47 7. Resolution Authorizing Changes in Appropriations for the General Fund for Second and Third Quarters, 1999 48 - 50 ................................................ 8. Resolution Authorizing the Reallocation of the Principal Amount of the $200,000 Subordinated Senior Housing Revenue Note, Series 1999 (Banfill Crossing Homes Project) Befinreen Two Individual Purchasers (Ward 3) 51 - 52 .................................................... 9. Resolution Relating to the City of Fridley's Tax .. 53 - 55 Rate Authorization for the Year 2000 .................................... FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11,1999 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED)• 10. Resolution Designating Time and Number of Councii Meetings for 2000 ....................... ..................................... 56 - 58 11. Approve Amendment No. 1 to the Northstar Corridor Joint Powers Agreement ................................................. 59 - 66 12. Claims ................................................ ....................................... 67 13. Licenses ...................... ................................................................. 68 71 14. Estimates ...................................................................................... 72 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda —15 Minutes) FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11,1999 PUBLIC HEARINGS: PAGE 5 15. To Modify the Redevelopment Plan and Tax Increment Financing Plans to Reflect Enlargement of Redevelopment Project No. 1 and Increased Project Costs to be Undertaken Therein 73 - 74 ......................................................................... 16 17 �F�3 Assessment for the 1999 Nuisance Abatement 75 - 76 .............................. Assessment for the 1999 Service Connection ................................: 77 - 78 Assessment for the 1999 Weed Abatement 79 "$� .................................... 19. Consider Revocation of Special Use Permit, SP #89-14, for Chopper City Sports, Generally $� _ 82 Located at 7191 Highway 65 N.E. (Ward 2) ..•.•••.•••••••••••••• 20. Rezoning Request, ZOA #99-04, by Brian and Jacqueline Bona, to Rezone the Current R-3, Multi-Family Residential District, to C-2, General Business District, to Allow Commercial Use of the Site for a Proposed Auto Repair Facility, Generally Located at 5333 University Avenue N. E: $3 _ g4 (Ward 1) .............................................. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11,1999 PAGE 6 NEW BUSINESS : 21. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #99-04, by Brian and Jacqueline Bona) (Ward 1) ................... gg _ g� 22. Special Use Permit, SP #99-09, by Brian and Jacqueline Bona, to Allow a Proposed Auto Repair Facility in the Current C-2, General Business District, Generally Located at 5333 University Avenue N.E. (Ward 1) ..................................................... 88 - 90 23. Variance Request, VAR #99-19, by Brian Bona, to Allow Automotive Repair Services, Generally Located at 5333 University Avenue N.E. (Ward 1) .......................... 91 - 109 24. Resolution Adopting Assessment for 1999 Nuisance Abatement ......................................................... .............. 110 - 112 25. Resolution Adopting Assessment for 1999 ServiceConnection ......................................................................... 113 - 116 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11,1999 PAGE 7 NEW BUSINESS (CONTINUED): 26. Resolution Adopting Assessment for 1999 Weed Abatement ............................................................................. 117 - 121 27. Informal Status Reports ................................................................... 122 ADJOURN. r FRIDEY CITY COUNCIL MEETING OF OCTOBER 11. 1999 'a Q1Y 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 ori�in, sex, disability, age, mazital status, sexual orientation or status with re�ard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Frid(ey'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. PROCLAMATION: Karl Schurr Appreciafion Day: October 18, 1999 Minnesoia Manufacturers Week: October 25 — 29, 1999 Student Foreign Exchange Week: October 11— 17, 9999: In Honor of Gu/sah Basaran from Germany,� In Honor of Sebastian Fischer from Germany; In Honor of Marco Gobetti from Italy,� and In Honor of Yi-Jun Xu from China. APPROVAL OF MINUTES: City Council Meeting of September 13, 1999 City Council Meeting of September 20, 1999 PRESENTATION: By Dr. Don Helmstetter, Superintendent of Independent School District 16 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS: (h�� ` � I� 1. Receive the Planning Commission Meeting Minutes of September 15, 1999 .. 1-17 APPROVAL OF CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Resolution to Vacate the Portion of Cheryl Street Between Lots 1-9, Block L and Lots 25-32, Block M, Riverview Heights Addition, Anoka County, Minnesota (SAV #99-04, by Michael and Claudia Geis); and Preliminary Plat Request, P.S. #99-04, by Michael and Claudia Geis, for a Subdivision to Replat Property into Two Separate Properties, Generally Located at 520 Dover Street N.E. (Ward 3) ................................... 18 - 24 3. Special Use Permit, SP #99-1 G, by George Bydlon, for a Proposed Second Accessory Building, Generally Located at 6454 Riverview Terrace N.E. (Ward 3) 25 - 31 4. Variance Request, VAR #99-24, by John Litchy for American Legion Post #303, to Reduce the Side Yard Setback from 15 Feet to 6 Feet to Allow the Construction of an Addition, Generally Located at 7365 Central Avenue N.E. Ward 2) .................................. 32 - 37 5. Approve Comprehensive Sign Plan for Fridley Commerce Center, Generally Located at 201 — 57'h Avenue N.E. (Ward 3) 38 - 46 � ` � . FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11,1999 PAGE 2 APPROVAL OFPROPOSED CONSENT AGENDA: APPROVAL OFPROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): NEW BUSINESS (CONTINUED): 6. Receive Bids and Award Contract for the Purchase 12. Claims .................................... 67 of Conveyor Shelving, Cooler poors and Refrigeration System for the New Cooler at the New Liquor Store Location (Ward 3) ................................... 47 7. Resolution Authorizing Changes in Appropriations for the General Fund for Second and Third Quarters, 1999 48 - 50 8. Resolution Authorizing the Reallocation of the Principal Amount of the $200,000 Subordinated Senior Housing Revenue Note, Series 1999 (Banfill Crossing Homes Project) Between Two Individual Purchasers (Ward 3) .... 51 - 52 9. Resolution Relating to the City of Fridley's Tax Rate Authorization for the Year 2000 .................................... 53 - 55 10. Resolution Designating Time and Number of Council Meetings for 2000 ............ 56 - 58 11. Approve Amendment No. 1 to the Northstar Corridor Joint Powers Agreement 59 - 66 13. Licenses .................................... 68 - 71 14. Fstimates .................................... 72 ADOPTION OF AGENDA. T�� Q �S r� OPEN FORUM, VISITORS: (Consideration of Items not on Agenda —15 Minutes) PUBLIC HEARINGS: 15. To Modify the Redevelopment Plan and Tax Increment Financing Plans to Reflect Enlargement of Redevelopment Project No. 1 and Increased Project Costs to be Undertaken Therein ......................... 73 - 74 ��d�— 16. Assessment for the 1999 Nuisance Abatement ................................... 75 - 76 � � �) � �l �� . � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11,1999 PUBLIC HEARINGS (CONTINUED): NEW BUSINESS (CONTINUED): 17. Assessment for the 1999 Service Connection .............................. 18 t� �p ` �� LoY" 77-78 Assessment for the 1999 Weed Abatement .................................... 79 - 80 ��,�,� �Q��' - U � 19. Consider Revocation of Special Use Permit, SP #89-14, for Chopper City Sports, Generally Located at 7191 Highway 65 N.E. (Ward 2) .................................... 81 - 82 � ��,.� �� •� ��>'�� ' , . ' ,:� „�.�� ..: �--I , a t7� �, � �'. �� 20. Rezoning Request, ZOA #99-04, by Brian and Jacqueline Bona, to Rezone the Current R-3, Multi-Family Residential District, to C-2, General Business District, to Allow Commercial Use of the Site for a Proposed Auto Repair Facility, Generally Located at 5333 Universiry Avenue N.E. (Ward 1) .................................... 83 - 84 (.� �_ � ` �" � � i�� F�.B �-,�-. � , � �� NEW BUSINESS : 21. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #99-04, by Brian and Jacqueline Bona) (Ward 1) .................................... 85 - 87 22 � -��--- � � �� y' �� o��` �,e eW �� 0 � PAGE 3 23. Variance Request, VAR #99-19, by Brian Bona, to Allow Automotive Repair Services, Generally Located at 5333 University Avenue N.E. (Ward 1) .................. ................ 91 - 109 �� ' �� ,� �;� �� I �, � a �� S��' 3 pc�� 24. Resolution Adopting Assessment for 1999 Nuisance�batement ....................... 110 -112 � ��. �S 25. � 27 Resolution Adopting Assessment for 1999 Service Connection ......................... 113 - 116 �6 tf Resolution Adopting Assessment for 1999 Weed Abatement ............................. 117 - 121 M�i + a�„^ T ,� � Informal Status Reports ................... 122 ADJOURN. Special Use Permit, SP #99-09, by Brian and Jacqueline Bona, to Allow a Proposed Auto Repair Facility in the Current C-2, General � Business District, Generally Located at 5333 �� Univ sity venue .E. (Ward 1) �1 8-90 � S (''� �- ��Q�t�v, �3 �� r� �e.��0` �, (� � °`� `�ttQ - � � � � (� �� .. �� '�� OCTOBER 18,1999 WHEREAS, Karl Schurr was a long-time resident and business owner within the City of Fridley; and WHEREAS, Karl Schurr, individuaily and through his business, Minco Products, Inc., made many contributions to the physical, social and economic development of the City of Fridley; and WHEREAS, Karl Schurr was concerned about the public safety of the residents of the City of Fridley; and WHEREAS, Karl Schurr contributed a significant portion of the money needed to purchase the thermaI imager used by the Fridley Fire Department to locate fire victims inside a building; and WHEREAS, his business, Minco Products, Inc., is a charter member of North Metro CAER, which is an association of businesses and public safety departments devoted to the prevention of hazardous materials incidents; and WHEREAS, Karl Schurr and Minco Products, Inc., made many additional contributions including donating to the Fridley Community Center during its remodeling, making a yearly donation for the purchase of violence prevention materials, and funding the yearly purchase of fire prevention education materials used in the elementary schools; and WHEREAS, many of the contributions made by Kar1 Schurr were made anonymously and unselfishly; and WHEREAS, Karl Schurr's dedication, hard work, and commitment to his family and community, enhanced the quality of life in the City of Fridley; NOW THEREFORE, BE IT RESOLVED, that we, the undersigned members of the Fridley City Council, proclaim October 18, 1999, to be KARL SCHURR APPRECIATION DAY in the Ciiy of Fridley. IN WITNESS WHEREOF, we have set our hands and caused the seal of the City of Fridley to be affixed this 11� day of October, 1999. Nancy J. Jorgenson Mayor Steven E. Biilings Councilmember, Ward 1 Ann R. Bolkcom Counciimember, Ward III Robert L. Barnette Counci imember-at-Large Richard P. Wolfe Counciimember, Ward II SOTA ACTURERS WEEK OCTOBER 25-29, 1999 WHEREAS, manufacturing has the second largest total payroll of any business sector in Minnesota, providing $16 billion in 1996 wages; and, WHEREAS, manufacturing produces $27.1 billion for the state economy and is the largest singie share (18. 9%) of our gross product; and, WHEREAS, manufactured exports brought nearly $9.53 billion into the Minnesota economy in 1997; and, WHEREAS, manufacturing provides high skill, high wage jobs which signifcantly contribute to Minnesota's high standard of living and economic vitality; and, WHEREAS, manufacturing confributed nearly $216 million in corporate income taxes in Minnesota, more ihan any other business sector, and almost 28 percent of total corporate income taxes in 1998; and, WHEREAS, manufacturers located in Fridley serue local, state, national, and international markets, and constitute a significant portion of the tax base supporting City services; NOW THEREFORE, I, Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim the week of October 25 through 29, 1999, to be: MINNESOTA MANUFACTURERS WEEK in the City of Fridley in recognition of the contribu�ion of Fridley manufachcrers to the social and economic well-being of our community and io the State of Minnesota. :�.:. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affixed this I 1 th day of October, 1999. �%�. • ��.��_!�,,.�•�� • �^ �� D � � � � T- -- O �- _� _. St��c�t �v�c�i�� xcl�a�� 1�1/eelt October 11 through October 17, 1999 WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from a; ound the world to our community; and, WHEREAS, this interchange of culture and philosophy contributes to the education and matzcration of oacr youth in many and varied ways; and, WHEREAS, it is the desire of the Ciry of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOL VED, that I, Nancy J. Jorgenson, Mayor of the City of Fridley, hereby proclaim the week of October 11 through October 17, 1999, as Student Foreign Exchange Week, IN HONOR OF GlILSAH BASARAN FROM GERMANY BE IT FURTHER RESOL VED, that Gulsah Basaran be made an honorary citizen of the City of Fridley, Minnesota, during her stay. IN WITNESS WHEREOF, I have herettnto set my hand and caused the seal of the City of Fridley to be affixed this 11 th day of October, 1999. NANCY J. JORGENSON, MAYOR ,',�t D � 0 0 � -- � - -- � 0 ,�__ ,� . S%�c�f �vrctis� �xcl�a��e 1�1/eelt October 11 through October 17, 1999 WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and, WHEREAS, this interchange of cultzcre and philosophy contributes to the education and maturation of oacr youth in many and varied ways; and, WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOL YED, that I, Nancy J. Jorgenson, Mayor of the City of Fridley, hereby proclaim the week of October 11 through October 17, 1999, as Stz�dent Foreign Exchange Week, IN HONOR OF SEBASTIAN FISCHER FROM GERMANY BE IT FURTHER RESOLYED, that Sebastian Fischer be made an honorary citizen of the City of Fridley, Minnesota, during his stay. IN WITNESS WHEREOF,1 have hereunto set my hand and caused the seal of the City of Fridley to be affixed this 11 th day of October, 1999. NAIVCYJ. JORGENSON, MAYOR :4 D 0 0 � � � 0 � 0 �i Si�bc�t �vrc�i�� "xcl�a�� 1�1/eelt October 11 through October 17, 1999 WHEREAS, our community's greatest asset is ozcr youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and, WHEREAS, this interchange of culture and philosophy contributes to the edzccation and maturation of our youth in many and varied ways; and, WHEREAS, it is the desire of the City of Fridley to show its appreciation and szepport to ozcr distinguished guests; NOW THEREFORE, BE IT RESOI VED, that I, Nancy J. Jorgenson, Mayor of the Ciry of Fridley, hereby proclaim the week of October 11 through October 17, 1999, as Student Foreign Exchange Week, IN HONOR OF MARCO GOBETTI FROMITALY BE IT FURTHER RESOLVED, that Marco Gobetti be made an honorary citizen of the City of Fridley, Minnesota, during his stay. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of � Fridley to be afftxed this 11 th day of October, ��, 1999. � NANCYJ. JORGENSON, MAYOR .,� � � � � �� 0 � 0 � � � O St��c�t �v�c�� xcl�a��e lii/eelt October 11 through October 17, 1999 WHEREAS, our commacniry's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and, WHEREAS, this interchange of culture and philosophy contriba�tes to the eda�cation and maturation of our youth in many and varied ways; and, WHEREAS, it is the desire of the City of Fridley to show its appreciation and szcpport to ozcr distinguished gzcests; NOW THEREFORE, BE IT RESOLVED, that I, Nancy J. Jorgenson, Mayor of the City of Fridley, hereby proclaim the week of October 11 through October 17, 1999, as Student Foreign Exchange Week, INHONOR OF YI-JUNXU FROM CHINA BE IT FURTHER RESOLVED, that Yi-Jun Xu be made an honorary citizen of the City of Fridley, Minnesota, during his stay. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be a�xed this 11 th day of October, 1999. NANCYJ. JORGENSON, MAYDR � THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13,1999 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 13, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:32 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, Council- member Billings, Councilmember Wolfe, and Council- member Bolkcom MEMBERS ABSENT: None PRESENTATION: Ms. Liz Chevalier, Crime Prevention Specialist II, presented plaques to all the businesses that helped make the 1999 Youth Safety Camp possible. Ms. Chevalier commended all participants for their dedication and support of the two-day camp held for Fridley youth, ages six to nine years old. Councilmember Barnette praised Ms. Chevalier for all of her efforts and hard work at making the Youth Safety Camp a success. PRESENTATION: Ms. Dorothy Gargaro stated that she was representing the 50th Anniversary Celebration Committee. Ms. Gargaro explained that the birthday bash will be Saturday, September 18. It will be held at the Fridley Community Center starting at 6:30 p.m. One of the festivities will be the sealing of the time capsule, which will not be opened for 25 years. The Fridley Marching Band will be performing, and a huge display of fireworks will conclude the bash that evening at 8:45 p.m. Ms. Gargaro explained that everyone is invited and all festivities are free. Councilmember Bolkcom commended Ms. Gargaro and all of the other members of the 50th Anniversary Celebration Committee for all of their hard work and efforts. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 2 STATEMENT OF MEETING CONDUCT: Mayor Jorgenson explained that the City Council has adopted this statement of meeting conduct for every meeting to remind all participants of the desired behavior City Council needs to effectively complete their meetings. Mayor Jorgenson read the following: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. APPROVAL OF MINUTES: Citv Council Meetin� Nlinutes of Au�ust 23, 1999 MOTION by Councilmember Barnette to approve the regular City Council meeting minutes of August 23, 1999. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1133 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS (REZOIVING REQUEST, ZOA #99-03, BY TOM AND DAVE GONYEA AND ANDERSON TRUCKING, INC., GENERALLY LOCATED AT 1290 OSBORNE ROAD N.E.) (WARD 2): Mr. Burns, City Manager, explained that this was the second reading of an ordinance to rezone property at 1290 Osborne Road. Council approved the first reading of an ordinance that would rezone property at the corner of Osborne Road and Old Central Avenue from M-4, Manufacturing Only, to M-1, Light Industrial. The purpose of the rezoning was to allow the construction of a speculative warehouse/office facility by Anderson Trucking. Staff recommended Council's approval of the second and final reading, with THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 3 the following twelve stipulations: 1) Approval of Variance #99-08, allowing construction of the building 90 feet from Central Avenue, adjacent to a residential district, rather than 100 feet, as required by Code; 2) Approval of LS # 99-02 to allow separation of west 45 feet of property and resulting lot configuration as shown in the site plan dated` May 5, 1999; 3) Construction of the office/ warehouse complex in accordance with the elevation plans dated (revised) May 4, 1999; 4) Construction of the office/warehouse site in accordance with the site plan dated (revised) May 4, 1999; 5) City Staff approval of a revised landscape plan prior to issuance of a building permit for this project; 6) Approval of a berm along the west edge of this property in conjunction with the landscape plan, to be approved by the City of Fridley; 7) Approval of all site grading and drainage issues related to this proposal prior to issuance of a building permit for this project; 8) No fleet vehicles shall be parked or stored along the Central Avenue or Osborne Road parking areas of this project. All overnight storage of incidental fleet vehicles shall be parked in the side yard west of the proposed building; 9) Access locations shall be approved by Anoka County prior to issuance of the building permit for this project; 10) All architectural banding shall continue around all faces of the building to allow finished building face appearance; 11) All lighting shall be downcast to protect against horizontal glare to residential neighborhoods or roadways; 12) A Comprehensive Sign Plan (in accordance with City Code, Chapter 214) shall be prepared and submitted to the City for City Council approval prior to issuance of a sign permit for the free-standing, or building signs in this project. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1133. 2. ORDINANCE NO. 1132 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: Mr. Burns, City Manager, explained that this was a second reading of an ordinance adjusting THE salaries of the Mayor and Councilmembers in accordance with Section 2.07 of the City Charter. This ordinance would raise the salaries of the Mayor and Councilmembers by five percent (5%), for the year 2000 and subsequent years. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 4 The adjustment would provide the following annual salaries: Mayor $8,820 Councilmember-at-Large $7,245 Ward Councilmember $6,405 Mr. Burns explained that this was the first salary adjustment for the Mayor and Council since 1991. WAIVED THE SECOND READING, ADOPTED ORDINANCE NO. 1132 AND ORDERED PUBLICATION. NEW BUSINESS: 3. RECEIVE THE PLANNING COMMISSION MINUTES OF SEPTEMBER 1, 1999: RECEIVED THE PLANNING COMMISSION MINUTES OF SEPTEMBER 1, 1999. 4. SPECIAL USE PERMIT, SP #99-08, BY MICHAEL BOLDENOW, ALLINA UNITY HOSPITAL, TO ALLOW A PROPOSED SECOND STORY EXPANSION TO BE ADDED TO UNITY HOSPITAL TO ACCOMMODATE THE ICU. GENERALLY LOCATED AT 550 OSBORNE ROAD N.E. (WARD 1): Mr. Burns, City Manager, explained that this was the consideration of a special use permit to allow a proposed second story expansion to Unity Hospital. The special use permit would allow a 17,365 square foot second story expansion at the easterly portion of the existing Unity Hospital. The expansion would enable the relocation of the intensive care unit. The Planning Commission approved the permit at their September 1 meeting with two stipulations. Staff recommended Council's approval with the two stipulations. � APPROVED SPECIAL USE PERMIT, SP #99-08, BY MICHAEL BOLDENOW, ALLINA UNITY HOSPITAL, TO ALLOW A PROPOSED SECOND STORY EXPANSION TO BE ADDED TO UNITY HOSPTIAL TO ACCOMMODATE THE ICU, GENERALLY LOCATED AT 550 OSBORNE ROAD N.E., WITH THE FOLLOWING STIPULATIONS: 1) ALL BUILDING PERMITS BE OBTAINED PRIOR TO START OF CONSTRUCTION. 2) AS INTERIOR RENOVATIONS ARE COM- PLETED AND ADDITIONAL BEDS ARE ADDED, HOSPITAL TO INSTALL THE NUMBER OF PARKING STALLS REQUIRED TO MEET ZONING CODE REQUIREMENTS. HOWEVER, THE CITY THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 5 RESERVES THE RIGHT TO REQUIRE ADDITIONAL PARKING SHOULD DEMAND OF THE FACILITY WARRANT IT AT ANY TIME PRIOR TO COMPLETION OF INTERIOR RENOVATIONS. 5. APPROVE A PROPOSED AMENDMENT TO THE WEST MOORE LAKE COMMONS COMPREHENSIVE SIGN PLAN (WARD 2): Mr. Burns, City Manager, explained that this was a motion to approve an amendment to the West Moore Lake Commons comprehensive sign plan. The proposed amendment would allow Dave's Sport Shop to install a cabinet sign that would contain the company logo. It would be the only cabinet sign allowed for the center and would not cause the total area devoted to signage for Dave's to exceed the legally allowed square footage for signs. Staff recommended Council's approval. APPROVED PROPOSED AMENDMENT TO THE WEST MOORE LAKE COMMONS COMPREHENSIVE SIGN PLAN (WARD 2). 6. ESTABLISH A PUBLIC HEARING FOR OCTOBER 11, 1999, TO REVOKE SPECIAL USE PERMIT, SP #89-14, FOR CHOPPER CITY SPORTS, GENERALLY LOCATED AT 7191 HIGHWAY 65 (WARD 2): Mr. Burns, City Nlanager, explained that this was a motion to establish a public hearing to consider the revocation of a special use permit for Chopper City Sports. Staff observed that Chopper City Sports had been exceeding the number of items and the manner of storage of items outside their store on Highway 65. Staff made similar observations last year. Since staf�s notifications have generally been ignored by Chopper City Sports, staffed recommended that Council establish October 11 as the public hearing date required for the revocation of a special use permit. SET THE PUBLIC HEARING FOR OCTOBER 11, 1999 TO REVOKE SPECIAL USE PERMIT, SP #89-14, FOR CHOPPER CITY SPORTS, GENERALLY LOCATED AT 7191 HIGHWAY 65. 7. RESOLUTION NO. 65-1999 CALLING FOR A PUBLIC HEARING ON OCTOBER 11 1999 ON THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR REDEVELOMENT PROJECT NUMBER 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCRMENT FINANCING DISTRICTS NUMBERS 1-3, 6. 7 AND 9-16 TO REFLECT ENLARGEMENT OF THE PROJECT AREA AND INCREASED PROJECT COSTS TO BE UNDERTAKEN WITHIN REDEVLOPMENT PROJECT NUMBER ONE AND THE EXTENSION THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 6 OF THE DURATION OF TAX INCREMENT FINANCING DISTRICT NO. 6PURSUANT TO A SPECIAL LAW: Mr. Burns, City Manager, explained that this was consideration of a resolution setting October 11 as the public hearing date for considering the modification of our redevelopment plan, the expansion of our t� increment financing project area and the extension of the duration of Tax Increment Financing District #6. The tax increment financing plans for a number of districts need to be updated to reflect recently proposed expenditures. Staff also recommended that Council expand the redevelopment project area in the section of Fridley that is south and west of 61St Avenue. This project area expansion would allow spending tax increment in these areas. Staff also recommended that Council include the extension of the duration of TIF District #6 for consideration in this public hearing. Staff recognized that formal extension of the district was tied to the conclusion of negotiations with Medtronic. ADOPTED RESOLUTION NO. 65-1999. 8. RESOLUTION NUMBER 66-1999 ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR THE CALENDAR YEAR 2000: Mr. Burns, City Manager, explained that this item was consideration of a resolution pledging the City's continued participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act for the year 2000. Staff proposed that the City participate for a fourth year in the Metropolitan Council's Livable Communities Act Program. In order to participate, the City must agree that it will negotiate with the Metropolitan Council to establish "affordable and life cycle housing goals." It must also agree to participate in the Local Housing Incentives Program. By agreeing to these things, the City gains access to the various Livable Communities funding accounts. Since the City has benefited by these funds in the past and hopes to benefit by them in the future, staff recommended that Council approve this resolution. ADOPTED RESOLUTION NO. 66-1999. 9. RESOLUTION NUMBER 67-1999 AMENDING THE TRANSPORTATION CHAPTER OF THE COMPREHENSIVE PLAN REGARDING A TRAFFIC CONCERN OF TRUNK HIGHWAY 65: Mr. Burns, City Manager, explained that this resolution amended the Transportation Chapter of the Comprehensive Plan. Staff requested that THE MINUTES OF THE NIEETING OF SEPTEMBER 13 1999 PAGE 7 Council approve the amendment to the Transportation Chapter of the City's Comprehensive Plan in conjunction with the grant application for federal funding of additional improvements to Highway 65. The amendment adds text to our Transportation Chapter that reflects the desirability of widening Highway 65 between I-694 and 63rd Avenue in Fridley. This amendment strengthens our grant application by demonstrating that the proposed project is consistent with the City's Comprehensive Plan. Metropolitan Council staff reviewed and approved the City's amendment. Staff asked Council to formally adopt the amendment. The grant application would be submitted by September 20, 1999. ADOPTED RESOLUTION NO. 67-1999. 10. RESOLUTION NUMBER 68-1999 ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS BUILDING PURSUANT TO MINNESOTA STATUTES SECTION 463. LOCATED WITHIN THE CITY OF FRIDLEY, MINNESOTA (532 JANESVILLE STREET (WARD 3): Mr. Burns, City Manager, explained that this demolition resolution ordered the removal of a hazardous building located at 532 Janesville Street. Staff recommended the demolition of a fire damaged building as provided for under Minnesota State Statutes. The building was inspected by the Chief Building Official on July 2, 1999, who determined it to be hazardous and damaged beyond repair. Upon passage of this resolution, the owner, John L. Theis, has twenty (20) days to demolish the structure. If he fails to do so the City would then get a court order to remove the building. In the event that the City removes the building, costs would be assessed against the property. Staff recommended Council's approval. ADOPTED RESOLUTION NO. ??-1999. 11. APPROVE REALLOCATION OF 1999 CDBG FUNDS: Mr. Burns, City Manager, explained this was consideration of a motion approving reallocation of 1999 CDBG Funds. By this action, staff recommended that money allocated for targeted code enforcement be redirected to the City's housing rehabilitation program. The additional funds are needed to meet the demands of current housing rehab applicants. Staff recommended Council's approval. APPROVED REALLOCATION OF 1999 CDBG FUNDS. THE NIINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 8 12. APPROVE ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND BRIGHTON VETERINARY HOSPITAL: NIr. Burns, City Manager, explained this was consideration of a motion approving an animal control contract with Brighten Veterinary Hospital. The Police Department has been very happy with the services provided by the vendor. There are no changes to this contract which, would run until August 31, 2000. The annual fee that the City pays for these services remains at $1,200 per month. The duties of the vendor include providing shelter for animals that are dropped off, euthanasia and disposal of animals that are held for longer than five business days, receiving and disposing of dead animals delivered by the City, and the maintenance of accurate records of the above activities. Staff recommended Council's approval. APPROVED ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND BRIGHTON VETERINARY HOSPITAL. 13. RECEIVE BIDS AND AWARD CONTRACT FOR THE PURCHASE OF A NEW POINT OF SALE INVENTORY MANAGEMENT SYSTEM: Mr. Burns, City Manager, explained that this was consideration of a motion to receive bids and award a contract for the purchase of a new point-of-sale inventory management system for the Fridley liquor operations. The City solicited bids for a new point-of-sale inventory management system for our Fridley liquor operations. The low bidder was Dailey Data & Associates in the amount of $33,661.60. The bid includes hardware and software for all three liquor stores. The other bids were as follows: Retail Data Systems, $48,786.00; and Total Register Systems, $44,096.40. Staff recommended that Council award the contract to the low bidder. RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE PURCHASE OF A NEW POINT OF SALE INVENTORY MANAGEMENT SYSTEM TO THE LOW BIDDER, DAILY DATA ASSOCIATES, FOR A TOTAL AMOUNT OF $33,661.60. ' 14. RECEIVE BIDS AND AWARD CONTRACT FOR PROJECT NUMBER 326, LIQUOR STORE PARKING LOT IMPROVEMENTS: Mr. Burns, City Manager, explained that this was consideration of a motion to receive bids and award a contract for liquor store parking lot improvements. Three bids were received for parking lot improvements associated with the new Fridley liquor store on 57th Avenue. They were as follows: Diversified Paving, $33,838.50; H&M Asphalt, $35,255.00; and North Valley Paving Inc., $39,865.00. The low bidder was Diversified Paving, Inc. of Ramsey, MN in the amount of $33,838.50. The low bid was THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 9 below the estimate of $36,000. Staff recommended Council's approval of the low bidder and the low bid amount. RECEIVED BIDS AND AWARDED CONTRACT FOR PROJECT NUMBER 326, LIQUOR STORE PARKING LOT IMPROVEMENTS TO THE LOW BIDDER, DIVERSIFIED PAVING, INC., IN THE AMOUNT OF $33,838.50. 15. CLAIMS: 16. 17. APPROVED PAYMENT OF CLAIM NOS. 88983 THROUGH 89253. LICENSES: APPROVED LICENSES AS SUBMITTED. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Frederick W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of August, 1999 Visu-Sewer Clean & Seal, Inc. 3940 Louisiana Avenue St. Louis Park, MN 55426 Sanitary and Storm Sewer Repair Project Number 320 FINAL ESTIMATE Park Construction Co. 7900 Beech Street N.E. Minneapolis, MN 55432-1795 Riverview Heights Area Improvement Project Number ST. 1999 - 1 Estimate Number 5 $ 5, 000.00 $126,370.40 $451,811.21 THE MINUTES OF THE MEETING OF SEPTENIBER 13. 1999 PAGE 10 Ron Kaasa Construction 6005 - 250th Street East Elko, MN 55020 1999 Miscellaneous Concrete Curb & Gutter & Sidewalk Project Number 322 Estimate Number 6 $ 10,309.78 Mayor Jorgenson asked if there were any questions from the public on any of the items. No persons in the audience spoke regarding the proposed consent agenda. MOTION by Councilmember Barnette to approve the consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda as submitted. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: Mayor Jorgenson invited members of the public to come forward to address any items not on the agenda. Ms. Traci Erickson, representing the owners of Park Plaza Estates, a manufactured home park on Central and 76th Avenues, 1130 Fireside Drive, stated that the owners of Park Plaza are concerned because their sanitation hauler, Best Disposal Services, sent a letter to the office regarding the size of the refuse containers outside the mobile homes. Currently the containers are 90 gallon containers. The letter Best Disposal Services sent stated that the company would like the park residents to use 32 gallon containers. The 90 gallon containers have been used for several years, and now the park has only 45 days to remove them. The residents will most likely oppose this request and are happy with the 90 gallon containers because there is less garbage lying around, the containers are easier to use, more convenient, and more cost efficient. In order to use the 32 gallon containers, each resident would have two or three containers outside their home, and the price will go up. A special consideration for a manufactured home park is that it is are billed THE MINUTES OF THE MEETING OF SEPTENIBER 13 1999 PAGE 11 as commercial use, and there are spacing issues with no garages to put the containers in. The homes are also located much closer together. Ms. Erickson stated that it is her intent to work with the City to come to a resolution with this problem. Mayor Jorgenson thanked Ms. Erickson for bringing this to the City's attention. Mayor Jorgenson asked if any other members of the public wished to address anything not on the agenda. No other persons in the audience spoke. PUBLIC HEARING: 18. PROPOSED ASSESSMENT FOR THE OSBORNE ROAD IMPROVEMENT PROJECT NO ST 1994-5 (OLD CENTRAL TO STINSON BOULEVARD)(WARD 2)• MOTION by Councilmember Billings, to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:07 P.M. Mr. Pribyl, Finance Director, explained that this public hearing pertains to concrete, curb and gutter and also includes full road reconstruction. There are 25 affected properties. The proposed assessment initially was made at $11 per square foot. The final cost assessment is $18.60 per square foot. The total amount of the proposed assessment is $14,622.56. Mayor Jorgenson asked if any members of the public wished to address any concerns with the assessment proposed. Ms. Janet Rudwitski, 1658 Osborne Road, stated that she paid assessments for curbing on 76th Avenue previously and questioned whether she would have to pay this assessment for Osborne Road. Mr. Flora, Public Works Director, stated that Fridley's current policy was for assessing the front footage of the street address only for curbing. Ms. Rudwitski stated that she was assessed in 1976 for 76th Avenue. The assessment was around $7,200. THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 12 Mayor Jorgenson stated that someone from the Public Works Department would be checking into this matter and would contact Ms. Rudwitski with more information. Councilmember Billings asked if storm sewer assessments could be applied to these kind of assessments. Mr. Pribyl stated that could be possible. He said that staff would be in direct contact with Ms. Rudwitiski regarding this matter. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAJOR JORGENSON DECLARED THE PUBLIC HEARING CLOSED AT 8:16 P.M. 19. PROPOSED ASSESSMENT FOR THE rJ%TH AVENUE STREET IMPROVEMENT PROJECT NUMBER ST. 1997-4: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE PUBLIC HEARING OPEN AT 8:17 P.M. Mr. Pribyl, Finance Director, stated � reconstruction on 57th Avenue. The University Avenue west to Main Street. cost of this project was $1,045,000. $208,019.07. Assessment is for ten ; interest. iat this assessment pertains to full project extended from 57th Avenue There were eight affected properties. Total assessed costs of this project ears at six and one-half percent (6 1/ road from Total was 2 %) MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to receive the letter from David and Norma Rust, dated August 31, 1999. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSEN DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom said the letter stated that the Rusts object to the method of the proposed assessment which fails to meet the requirements of Minnesota Law. Councilmember Bolkcom asked Mr. Pribyl if the assessment was any different than any other assessment. Mr. Pribyl stated that the City has followed the same procedure described by Minnesota State Statutes. THE 1VIINUTES OF THE MEETING OF SEPTENIBER 13 1999 PAGE 13 Mr. Lawrence Marofsky, 7022 Brooklyn Boulevard, stated that he was an attorney for the Rusts. He stated that he understood the methodology for assessing was determined on a front foot basis. Mr. Pribyl stated that was correct. NIr. Marofsky stated that Minnesota law indicates that is an acceptable way to start the project, but the City may not assess more than the increase in value that is going to be generated by this property. This is an eight unit apartment building in a commercial area. This project would benefit the commercial area. The residential property does not benefit by adding increased traffic. It does not increase the value of the unit or the rent. In the first ��e mount of the asse sment 1nAt thi spo n t n u n i t p e r m o n t h i n o r d e r t o r e c o u p time, assessing on a front foot basis was not appropriate. A market va lue by an appraiser would be necessary to determine what, if any, increase in value it might have for this apartment. Mr. Marofsky asked Council to consider adopting this assessment without the Rusts' property included. Councilmember Billings asked Mr. Marofsky if he meant that the assessment for commercial increases the value for commercial property but does not increase the value of the residential property. Mr. Marofsky stated that was correct, but he does not represent commercial property so he cannot say for sure. Councilmember Bolkcom asked Mr. Knaak if other street improvements would increase the value of apartment property. Mr. Knaak stated that they could, but he could not speak as to the specifics of this particular site. Councilmember Bol�com asked Mr. Knaak what other choice the Rusts have if Council approves the assessments. Mr. Knaak stated that the Rusts have other avenues of appeal and the process begins tonight. They need to be here tonight if they are going to object. Mayor Jorgenson asked if any other members of the public or Council wished to address this item. No members in audience or Council spoke. THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 14 MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAyOR JORGENSON DECLARED THE PUBLIC HEARING WAS CLOSED AT 8:26 P.M. OLD BUSINESS: 20. SPECIAL USE PERMIT SP #99-04 BY JEFFREY VOGEL GRACE EVANGELICAL FREE CHURCH TO EXPAND THE EDUCATIONAL ADMINISTRATIVE AND GYMNASIUM SPACE OF THE CHURCH GENERALLY LOCATED AT 755-73RD AVENUE N.E. TABLED JULY 26, 1999)(WARD 1)• MOTION by Councilmember Billings to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAyOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated that on July 26, 1999 staff gave a presentation that indicated the Planning Commission recommended approval of this special use permit with six stipulations. Church representatives spoke to Council at that meeting also. They indicated they were not in agreement with two of the six stipulations. One of the stipulations was addressing the design elements on the gymnasium side of the addition. The second stipulation was regarding a stepped wall concept recommended by staff in order to mitigate the mass of the building. The height of the building at that time was 39 feet but has now been lowered to 36 feet, nonetheless, within 80 feet of a single family residential structure. Mr. Hickok stated that the church held an open house with the neighborhood to talk about their concerns. The designs at that point were not pinned down, although they talked about different stepped options, and the vertical option which the church was really seeking. The church indicated that they were concerned about the stepped stipulation from a design perspective. Budget-wise it would have cost $200,000 to break that step design. They were also concerned about loss of square foot dimension. Mr. Hickok stated that the stepped building design would allow for an integration of a mass into a neighborhood. It would allow a visual distinction between the first second and third floor so the eye carries up toward the top and would not feel that much more imposing on the neighborhood. The church responded by indicating they would like to look at an alternative, and staff was open to looking at those alternatives. Banding seemed to be a middle ground discussion to allow a continued band around the base of the building. Windows were also discussed as to THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 15 how they could break up the fa�ade of the building and take away from apartment appearance facade. The education/administration building that currently exists is a split-foyer. They are lacking a multi-purpose space for all of their activities and feel it is an essential element of their redevelopment site. The church is not removing its sanctuary space and other gathering space. They hope to reflect some of the detail of that into the larger three-story building. The proposal that came back after much discussion was a proposal for tip-up panels. Banding would be consistent around the entire building with a lighter banding on top to give it a lighter feel about it and make it feel like it is not such an imposing mass. One of the compromising issues with a neighboring property was that they took out the third story windows. Mr. Hickok pointed out that a tip-up panel is a very typical building element in the industrial district but very rarely seen in churches. There are windows punctuating the tip-up panel which helps a bit but this is an impression in a flat face. Mr. Hickok stated that he would suggest putting the windows back in and use the real materials. As designed, staff recommended denial, in spite of the fact that the Planning Commission recommended approval with six stipulations. Mr. Hickok stated that the Planning Commission did not have the benefit of knowing about tip-up panels and that it would be a flat facade. It takes it one step back and strikes against the concern of the height of the building 80 feet away from a residential property. When the sun hits it just right, you might see the brick impression in the panels, but most times of the day it would look like an industrial panel that has been painted two different colors to mimic these materials. For that reason, staff recommended denial. If Council felt compelled to grant this special use permit, staff would recommend adoption of the original six stipulations. The final two stipulations requiring that staff review and approve the banding design, cohesiveness, and other design is necessary. Mr. Hickok stated that he was disappointed in the outcome. Step design is a very doable design and is one that would make a three-story building adjacent to single story properties to be compatible. The recommendation for denial was based on compatibility. Councilmember Barnette asked if Target, on the corner near the Municipal Center, had tip-up panel with impressions. Mr. Hickok stated that it was different. It was a panel with a brick application, which was more expensive. THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 16 Councilmember Billings stated that Stipulation No. 5 approved by the Planning Commission states that the gymnasium and administration/ education building had to have the same components. He asked Mr. Hickok if he knew what the exterior of the education/administration building would be at the Planning Commission meeting. Mr. Hickok stated that just before the meeting the brochure that went out to the neighbors describing that the design appeared to be brick with a possible block facade on the education/administration building. Councilmember Billings asked if Stipulation No. 5 was based on the assumptiori that the education/administration building would be brick and block; therefore, the stipulation was that the gymnasium would match. Mr. Hickok stated that was correct. MOTION by Councilmember Billings, seconded by Councilmember Barnette, for approval of Special Use Permit, SP #99-04, with the following iive stipulations and removing the sixth stipulation as presented by the Planning Commission: 1) The petitioner shall place an adequate number of spruce trees along the portion of the eastern property line, where only bushes currently exist, to provide property screening for neighboring property. A landscape plan shall be submitted and approved by the City prior to issuance of a building permit; 2) Newly created parking spaces shall be lined with concrete curb and shall be properly striped to accommodate the required number of parking stalls; 3) The drive on the east side of the church shall remain a one-way with angle parking; 4) Special Use Permit, SP #83-03, shall be replaced by Special Use Permit, SP #99-04; 5) The petitioner shall construct a gymnasium out of the same exterior materials as those proposed to be used on the proposed administration/education building. The exterior elevation plans for the gymnasium shall be reviewed and approved by City Staff prior to issuance of a building permit. Mr. Hickok stated that Stipulation No. 6 was that the petitioner shall step the east wall of the administration/education building. Councilmember Bolkcom asked Councilmember Billings why he made the motion to approve the special use permit. Councilmember Billings stated that he felt it would be very difficult structurally to achieve the stepping for the church. Mr. Scott Roberts, Genesis Architecture, representing the Grace Evangelical Free Church, stated that there were a couple items he would like to add to the discussion. THE MINUTES OF THE_ MEETING OF SEPTEMBER 13. 1999 PAGE 17 Councilmember Billings asked Mr. Roberts if the tip-up panels were similar to the Target panels here in Fridley. Mr. Roberts stated that he was not familiar with the Target panels, but he thought the patterning was the same. It is different because the brick was actually applied to the panels in the Target case. Mr. Roberts stated that at the neighborhood meeting with the church, there were concerns about traffic generated by the softball field. The church was not opposed to the location of speed bumps or opening up the west end of the parking lot to alleviate the flow of traffic to the east side. Another major piece talked about was the screening along the east side. Coniferous trees would be provided. The church looked at putting 14 or 16 foot coniferous trees. The church has lowered the building height to 36 feet. The tip-up panels are a stamped product, not individual pieces but utilizing different patterns. A block size pattern base, a mid-brick size pattern in between, and stucco finish on top. The church responded to the neighborhood concerns regarding the windows and took out the third story windows because the neighborhood felt it was an invasion of privacy with the windows on the third floor: Councilmember Billings asked if the face of the building was perfectly flat or if it had outcroppings and corners. Mr. Roberts stated that there would be projections at each of the corners that would be symmetrical. At the entry there would be a projection to break up the fa�ade and protect people from the weather. Mr. Roland Peterson, Chair of the Grace Evangelical Free Church, stated that the church was trying their very best in terms of what they can afford and what they could do. They are pressed with a very difficult situation. The church has estimated that they can currently raise about $100,000 per year in their budget to pay for building on to their church. For a capital campaign in a three-year period they are estimating they could raise possibly $800,000. In their current situation, $300,000 over a three-year period would give the� chu�ch about $1,500,000 which would require them to set aside about $11,421 per month. The church is not a wealthy congregation. If the church was forced to use a brick block veneer, the church would not be able to afford to do it. The church was trying to create a building that would be an asset to the City and would like to stay in Fridley. The church pleads with the City Council to grant the church this privilege of doing as they have proposed. Dr. Larry Lucas, Senior Pastor of Grace Evangelical Church, stated that he appreciated concern shown by Council and staf£ The church was pleased that Council appeared accepting of the concept. Tilt wall construction is being used more extensively by many non-profit organizations to stay within a budget. The THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 18 church was striving toward having an attractive building that fits into the neighborhood which would be a credit to the community. Mr. Rick Rovering, 7300 Jackson Street, stated that he was opposed to this project. He was concerned about the change of view in sunset that he has from his residence. He felt that staff's recommendations were accurate, and the church would not look authentic with the type of veneer they are proposing. He also felt there would be an invasion of privacy with the windows on the second story. A site of this size would not support an addition of this size. He was not as concerned about the traffic, but he felt the church was trying to accommodate their space wants, not the space needs. Councilmember Billings stated that he thought the windows were being put in to break up the scale of the facade in response to the neighborhood. He questioned Mr. Roberts about the cost of the panel the church was presenting in its most recent proposal. Mr. Roberts stated that the church was amenable to not having windows on the third story in response to the neighbors. The cost of the panel the church was presenting in the most recent proposal was about $9 to $15 per square foot. Councilmember Billings stated that the Planning Commission suggested that the treatment of the gymnasium would be the same as the administration portion of the building, and they were under the assumption that the gymnasium would be actual brick and block. He does not want to be putting the church out of business or to force them to go to another city, but he certainly does not want to have a building in a neighborhood looking like a cheap warehouse. Mr. Roberts passed around a picture of an example of what would be the block pattern the church was proposing to use. Ms. Barbara Sweeney, 7320 Jackson Street, stated that she would be viewing a gymnasium with a block wall from her yard. She felt it was an invasion of privacy with the windows on the second story. She stated that the proposed church size was too large for the church site. Mr. James Sweeney, 7320 Jackson Street, presented a diagram that he made depicting the view from his yard in relation to the height of the proposed addition. He stated that if the church added on as planned, one year from now his sunset would be at 6:10 p.m. rather than the current 7:21 p.m. He does not favor this plan at all. Mr. Rovering stated that he would challenge some of the church members as to whether they would like something like this in their backyards. THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 19 Councilmember Wolfe asked Mr. Sweeney how many other houses would be affected by the earlier sunset. Mr. Sweeney stated that there would be three houses affected by it. The neighbors across the street are affected also but not as much. Councilmember Billings stated that the special use permit according to state law states that this was a permitted use but does need to get approval of City Council. The church is entitled to have reasonable use of their property as long as it does not impart damage to the general welfare of the City. He was concerned with the visual appearance of the property and would like to see Stipulation No. 5 that allows staff to approve the materials. Mr. Knaak stated that with Stipulation No. 5, he would suggest for clarification purposes to give authority to staff to approve or disapprove and to change the sentence to read as follows: The petitioner shall construct a gymnasium out of the same exterior materials as those proposed to be used on the proposed administration/education building. The exterior elevation plans for the gymnasium shall be reviewed and approved or disapproved by City staff prior to issuance of a building permit. No permit may be issued until staff approval has been given. MOTION by Councilmember Billings to amend Stipulation No. 5 as given by the Planning Commission. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked Mr. Hickok if staff would be willing to accept paneling similar to the Target style for the church, and if they are willing to look at the third story windows from the views of the neighborhood. Mr. Hickok answered in the affirmative. Councilmember Billings stated that he felt it was the Planning Commission's intent to raise the standard of the gymnasium up to the office/administrative building. He hoped that staff and the church would be able to find some middle ground with respect to the materials to be used. Again, he stated that he would hate to see the church move out of the City. Dr. Lucas stated that the church has no objection to working with City staf£ He asked if the church could bring this issue back to Council if staff and the church reached an impasse on the materials used? Mr. Knaak stated that was correct. THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 20 Mr. Rovering stated that he disagreed with the concept of adding a gymnasium. He stated that the church runs quite nicely without one, and he felt the neighborhood's concerns are not being addressed. Mayor Jorgenson stated that she understood what the neighborhood was saying, but the church was only asking to use their property to meet the needs of their congregation. The church must have the ability to use their property to meet the neighborhood's needs. Councilmember Bolkcom stated that she would not vote to go along with this due to the huge impact of the church on the neighborhood. There was no other church in the Fridley area that has the impact this church would have. She stated that she is concerned with the huge difference in site lines and sunsets. Mayor Jorgenson stated that there was a motion on the floor to approve the special use permit with five stipulations with the language amending the fifth stipulation as suggested by Mr. Knaak. UPON A VOICE VOTE, COUNCILMEMBER BILLINGS, COUNCIL- MEMBER BARNETTE AND MAYOR JORGENSON �VOTING AYE, AND COUNCILMEMBER BOLKCOM AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED THREE TO TWO. NEW BUSINESS: 21. SPECIAL USE PERMIT SP #99-07 BY MICHAEL MCPHILLIPS TO ALLOW A TEN-FOOT CURB CUT TO ACCESS AN ACCESSORY BUILDING GENERALLY LOCATED AT 291 SYLVAN LANE (WARD 1): Mr. Hickok stated that, in 1986, the petitioner, Mr. McPhillips, asked, in 1986, to allow a special use permit to build his garage to accommodate a storage shed in which no curb cut would be neces�sary. There has been a need for the petitioner to travel with a classic car to and from his garage. Sometimes it means traveling across the lawn to go into this garage. Staff recommended Council's approval of this request. Councilmember Billings asked Mr. Hickok if moving the classic car in and out of the garage twelve times a year is regular use. Mr. Hickok stated that staff was not looking at the number of times the car was being moved in and out but the wear and tear on the turf. THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 21 Councilmember Billings asked if it was true that the petitioner was thinking of selling his classic car in a year or so. Mr. Hickok stated that was correct. Councilmember Bolkcom asked why the petitioner would need a curb. Mr. Hickok stated that it was an inconvenience for those few times the petitioner wanted to take the car out. The property owner does not want to drive over the curb with the classic car. The special use permit would go with the property and staff would always have the discretion to make sure the special use permit was being used in accordance with the five stipulations. Councilmember Billings stated that the intent was to waive the normal requirement connecting a paved driveway to an accessory building which was permitted under the ordinances. The question was if they allow the trees that are in the way to be removed for an intermittent use of access or put in Stipulation No. 1 to make sure the owners adhere to the code. Councilmember Bolkcom asked if the City allows accessory buildings to have parked cars. Councilmember Billings stated that the City does if the driveway is paved. Councilmember Bolkcom stated that her concern was that they have the issue of people driving on lawns and parking on grass all over the City. Mayor Jorgenson asked if staff could insure this would still be used appropriately when a change of ownership would happen. Mr. Hickok stated that he trusts that staff would monitor this particular site. Councilmember Billings stated that in his estimation, the language presented by the Planning Commission satisfies all of his concerns. Councilmember Bolkcom asked Mr. Knaak if he felt it would be better to add an additional stipulation. Mr. Knaak stated that they could add a separate addition saying that this special use permit shall be for the purpose of access to the accessory structure for a classic vehicle. MOTION by Councilmember Billings, seconded by Councilmember Barnette, to approve the Special Use Permit, SP #99-07, including the amended Stipulation No. 6 as follows: 1) At staff's discretion, inspections will be conducted of the area THE MINUTES OF THE MEETING OF SEPTENIBER 13, 1999 PAGE 22 between the curb cut and the garage and, if found to be regularly used as a driveway, a hard surface drive shall be constructed or the curb cut removed; 2) All necessary permits shall be obtained from the City prior to construction; 3) The structure shall not be used for a home occupation; 4) All vehicles shall be stored on a hard surface driveway as approved by the City; 5) The siding and roof materials on the accessory structure shall continue to match the exterior of the existing home; and 6) Special Use Permit, SP #99-07 shall be for the purpose of access to the accessory structure for a classic vehicle. UPON A VOICE VOTE, COUNCILMEMBER BILLINGS, COUNCILMEMBER BARNETTE, AND COUNCILMEMBER WOLFE VOTING AYE, AND COUNCILMEMBER BOLKCOM AND MAYOR JORGENSON VOTING NAY, MAYOR JORGENSON MOTION CARRIED BY MAJORITY VOTE THREE TO TWO. 22. RESOLUTION ADOPTING ASSESSMENT FOR OSBORNE ROAD IMPROVEMENT PROJECT NUMBER ST. 1994-5 (OLD CENTRAL TO STINSON BOULEVARD) (WARD 2): Mayor Jorgenson asked Mr. Pribyl, Finance Director, if they could exclude one property from the resolution or would it be best to table this item. Mr. Pribyl stated that it would be best to table this item for further consideration by staff. MOTION by Councilmember Wolfe to table this resolution. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 23. RESOLUTION NO. 69-1999 ADOPTING ASSESSMENT FOR 5%TH AVENUE STREET IMPROVEMENT PROJECT NUMBER ST. 1997-4: MOTION by Councilmember Bolkcom to adopt Resolution Number 69-1999. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 24. INFORMAL STATUS REPORTS: Mayor Jorgenson stated that the 50th Anniversary Task Force will have a meeting on the second Thursday of the month in October. THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 23 Councilmember Bolkcom wanted to remind everybody of the big bash this weekend for the 50th Anniversary party with all activities being free. Fireworks would start around 8:45 p.m. Saturday night. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAJOR JORGENSON DECLARED THE MOTION CARRIED AND THE SEPTEMBER 13, 1999 MEETING OF THE CITY COUNCIL WAS ADJOURNED AT 10:15 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor NUTES OF THE FRIDLEY CI'I'Y COUNe1L M�T�� F THE MI SEPTEMBER 2�� 1999 � OF SEPTENIBER 20, 1999 The Regular 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 Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: None. APPROVAL OF MINUTES: COUNCIL MEETING — SEPTEMBER 13 1999 Mayor Jorgenson stated that the meeting minutes of the Fridley City Council meeting of September 13, 1999, were not available in writing for approval. PROCLAMATIONS: VFW Dav September 29, 1999 Mayar Jorgenson read a proclamation declaring September 29, 1999 as VFW Day, to recogmze the 100`h Anniversary of the Veterans of Foreign Wars of the United States in the City of Fridley, Minnesota. Mr. Gearge Arnold, VFW Commander, accept o� eone of het ponsor sof the new entran e Mr. Archer stated that the VFW was very proud signs for the City of Fridley. He said they were excited to have their name on the signs and to participate in the project. Fire Prevention Week October 3- 9 1999 Mayor Jorgenson read a proclamation declaring the week of October 3- 9, 1999, as Fire Prevention Week in the City of Fridley. The public was invited to view the community's fire fighting equipment, meet the firefighters, and visit with other members of the City's Public Safety Division on Saturday, October 2, from 1:00 p.m. to 5:00 p.m. at the main fire station located at 6431 University Avenue N.E. THE 1VIINUTES OF THE SEPTEMBER 20 1999 MEETING PAGE 2 Mr. Chuck McKusick, Fire Chief, accepted the proclamation on behalf of the Fire Department. Mayor Jorgenson stated that the Council wished to thank Mr. McKusick for his efforts on the 50`h Anniversary Task Force, and also for his participation in the Explorer Program in the City, which took second place at the Minnesota State Fair in 1999. Mr. McKusick stated that was the explorers' first time at the State Fair. They started practicing three to four weeks prior to the contest. Mr. McKusick stated that the Fire Department will have a number of events including demonstrations on October 2, 1999. Most of the displays represent different facets of public safety for the City. Domestic Violence Awareness Month October 1999 Mayor Jorgenson read a proclamation declaring the month of October, 1999, to be Domestic Violence Awareness Month in the City of Fridley. Councilmember Bolkcom stated that on October 14, 1999, there will be a candlelight vigil from 5:00 p.m. to 7:00 p.m. at the Anoka County Government Center. Charlie Weaver will be present. This vigil is in memory of Anoka County women and children who have died as a result of domestic violence. National Breast Cancer Awareness Month October 1999 Mayor Jorgenson read the proclamation declaring the month of October 1999, to be National Breast Cancer Awareness Month in the City of Fridley, and October 16, 1999, to be National Mammography Day in the City of Fridley. APPROVAL OF CONSENT AGENDA: NEW BUSINESS: 1. APPROVE GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF FRIDLEY FOR THE ONAN AND MURPHY WAREHOUSE PROJECT (WARD 2� Mr. Burns, City Manager, explained that the Onan/Murphy warehouse project received $154,658 from the Metropolitan Council's Tax Base Revitalization Account for clean-up of contaminated soils. The attached agreement between the City and the Met Council establishes the terms and conditions whereby the City receives this assistance for Onan/Murphy. Staff recommended Council's approval. 2. THIS ITEM WAS �MOVED FRO DA UNDER NEW BUSINESS I EM PL A C E D O N T H E R E G U L A R A G E N NO. 1. L1J ♦ us...�- -.--. MURPHY WAREHOUSE PROJECT: Mr. Burns, City Manager, explained that the Onan/Murphy warehouse project also received a grant from the State f Minne The attached greement est blishes site clean-up from the State's "Petro Fund the terms and conditions for the City's receipt of the money. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM T TEMOUNDER NEW BUSINESS PLACED ON THE REGULAR AGENDA AS ITEIVI NO. 2. NEW BUSINESS: 3. Mr. Burns, City Manager, explained that THE Fridley 50`'' Anniversary Task Force received commitments from eight coe�n nceys �gns.nThel s xs signs would $6,000 each for the installation of commumty be erected as near as possible to the City's nTri Task Fo ce �e�COrinmended afive Road, Umversity Avenue and Highway 65. foot by ten foot sign with an 18-foot by10-f nit p orean�zat onsmThe tot 1`cost for badges" for each of the sponsonng commu Y g the signs was estimated at $70,990. 22 990 mThe amoun� doe�s� not� nclude organizations, the City's cost would be $, any costs for land. Should the easements fr� e increased by this amountate land owners require funding, the City s cost would b Currently, the City has a private consultant � estime the cont act �s shgned. The and expects the easements to be acquired by request for proposal asks that a lightinge�ents and t e s�gnswo d belthe City's Maintenance on the 20 square foot eas roval for two things: 1) responsibility. Staff recommended Council's aPP roval of expenditure of Authorization to seek proposals for the signs; and 2) App up to $25,000 for sign-related expenses. � 6. 4. APPROVED MOTION AUTHORIZING A,DVERTISEMENT FOR PROPOSALS FOR FABRICATION AND DELIVERY OF SIX ENTRY MONUMENT SIGNS. Mr. Burns, City Manager, explained that Staff is proposing to assess $4,820.62 against the following properties: 195 - 79`h Way 15 - 63�d Way 532 Janesville Street 6755 East River Road By this action, Council authorized staff to establish the assessment roll. Staff recommended Council's approval. APPROVED RESOLUTION NO. 70 1999, DIRECTING PREpARATION OF THE ASSESSMENT ROLL FOR THE 1999 NUISANCE ABATEMENT. ABATEMENT: Mr. Burns, City Manager, explained that this resolution directed the preparation of the assessment roll for the 1999 Nuisance Abatement Program. The public hearing date is scheduled for October 11, 1999. APPROVED RESOLUTION NO. 71-1999, DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 1999 NUISANCE ABATEMENT. Mr. Burns, City Manager, stated that there was one property, the Osborne Commerce Center (located on the southwest corner of Osborne Road and Main Street), with a proposed assessment for water and sewer connections of $12,730.54. The assessments are being levied as a result of an agreement with the property owner. Staff recommended Council's approval. APPROVED RESOLUTION NO. 72-1999, DIRECTING PREpARATION OF THE ASSESSMENT ROLL FOR THE 1999 SERVICE CONNECTIONS. THE MINUTES OF THE SEPTEMBER 20 1999 MEETING PAGE 5 7. RESOLUTION NO. 73-1999 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 1999 SERVICE CONNECTIONS: Mr. Burns, City Manager, explained that the public hearing is scheduled for October 11, 1999 for the proposed assessment for the 1999 service connections. APPROVED RESOLUTION NO. 73-1999, DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 1999 SERVICE CONNECTIONS FOR OCTOBER 11,1999. 8. RESOLUTION NO. 74-1999 DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 1999 WEED ABATEMENT: Mr. Burns, City Manager, explained that staff proposed to assess $9,196.24 against the following properties: 195 79''' Way 15 63`d Way 53 63 %z Way 6403 Ashton Avenue 6056 Woody Lane 615f through 62"d Way at Ashton 1021 Rice Creek Terrace 52°d Avenue and Central Avenue Vacant lot on Baker Street (Lot 8, block 1, Nagel's Woodlands) 238 Ely Street 650 Dover Street 5539 Matterhorn Drive 5601 Fourth Street 5695 Hackmann Avenue By this action, Council authorized staff to establish the assessment roll. Staff recommended Council's approval. APPROVED RESOLUTION N0.74-1999, DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 1999 WEED ABATEMENT. 9. RESOLUTION NO. 75-1999 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR 1999 WEED ABATEMENT: Mr. Burns, City Manager, stated that October 11, 1999, will be the public hearing date for the proposed assessment of 1999 weed abatement costs. THE MINUTES OF THE SEPTEMBER 20 1999 MEETING PAGE 6 APPROVED RESOLUTION NO. 75-1999, DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR 1999 WEED ABATEMENT. 10. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that staff recommended the appointment of Gary Ellestad to the Public Works Streets Maintenance position vacated when David Jensen transferred to the Community Development Department. Mr. Ellestad has been working as a seasonal Public Works employee for the last four months in the Parks Section. Mr. Ellestad has also worked as an Assistant Sales Manager for Boyer Ford Trucks for the last 13 %2 years. Staff recommended Council's approval of this appointment. APPOINTED GARY ELLESTAD TO THE PUBLIC WORKS POSITION. 11. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 89254 THROUGH 89424. 12. LICENSES: APPROVED LICENSES AS SUBMITTED AND AS ON FILE WITH THE LICENSE CLERK. MOTION to approve the consent agenda. MOTION by Councilmember Barnette to remove Item Numbers 1 and 2 of the proposed consent agenda and approve the consent agenda as corrected. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA• MOTION by Councilmember Billings to remove item numbers one and two from the consent agenda to the regular agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe to adopt the agenda. Seconded by Councilmember Barnette. THE MINUTES OF THE SEPTEMBER 20 1999 MEETING PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No members of the public were present for consideration of items not on the agenda. � NEW BUSINESS: 1. APPROVE GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF FRIDLEY FOR THE ONAN AND MURPHY WAREHOUSE PROJECT (WARD 2): MOTION by Councilmember Billings to approve the grant agreement between the Metropolitan Council and the City of Fridley for the Onan and Murphy Warehouse project. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, BILLINGS, WOLFE AND BOLKCOM VOTED AYE. MAYOR JORGENSON ABSTAINED FROM VOTING. MAYOR JORGENSON DECLARED THE MOTION CARRIED. 2. APPROVE GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND THE CITY OF FRIDLEY FOR THE ONAN AND MURPHY WAREHOUSE PROJECT (WARD 21: MOTION by Councilmember Billings to approve the grant agreement between the State of Minnesota, Department of Trade and Economic Development, and the City of Fridley for the Onan and Murphy Warehouse project. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, BILLINGS, WOLFE AND BOLKCOM VOTED AY�. MAYOR JORGENSON ABSTAINED FROM VOTING. MAYOR JORGENSON DECLARED THE MOTION CARRIED. OLD BUSINESS: 13. RESOLUTION ADOPTING ASSESSMENT FOR OSBORNE ROAD IMPROVEMENT PROJECT NUMBER ST 1994 - 5(OLD CENTRAL TO STINSON BOULEVARD) (TABLED SEPTEMBER 13,1999 : MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Wolfe. THE MINUTES OF THE SEPTEMBER 20 1999 MEETING PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, stated that at the September 13, 1999 City Council meeting, a property owner stated that they had previously paid an assessment for the front footage of their property. Staff did research on that property within this particular assessment, and the property located at 1650 Osborne Road was assessed in 1974 for 76"' Avenue construction which was actually the building of 76�' Avenue. This property is unique in that it has two front yards because 76`h Avenue provides frontage on the back side of the property. This property could be split into two buildable lots. The property owner was contacted, and Mr. John Flora, Public Works Director, and Mr. Pribyl spoke with Ms. Janet Lubinski. Mr. Flora and Mr. Pribyl explained that the assessment could be deferred until the property resells. The property owner was not interested in this option. These are twd different assessments being that they are two independent projects. Both have an effect on the value of the property. Staff recommended that the resolution for the assessment be passed. Councilmember Wolfe asked for clarification of the assessments for the property. Mayor Jorgenson stated that the first assessment was for construction of the street. The second assessment was for concrete, curb, and gutter, which was not assessed before. MOTION by Councilmember to adopt Resolution No. 76-1999. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORTS: Councilmember Barnette stated that the 50`� Anniversary Party was very successful and fulfilling considering the amount of work that went into it. There are a few more activities in October and at the end of the year. Councilmember Bolkcom stated that the 50`� Anniversary celebration was a beautiful night with a huge turnout. She thanked everyone for coming and for supporting the City of Fridley. She felt the fireworks were the greatest ones she has ever seen. The Fridley marching band and the Commodores were impressive also. There will be a wrap-up meeting on the second Thursday in October to talk more about possibly having the same events next year. The meeting starts at 5:30 p.m. at the Municipal Center. Thanks was given to all of the committee members, volunteers, and businesses that helped make this happen. THE MINUTES OF THE SEPTEMBER 20 1999 MEETING PAGE 9 ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING �I�OUSLOY J AND NTHE DECLARED THE MOTION CARRIED UN SEPTEMBER 20, 1999 MEETING OF THE CITY COUNCIL WAS ADJOURNED AT 8:05 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 15, 1999 CALL TO ORDER: Chairperson Savage called the September 15, 1999, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Diane Savage, Brad Sielaff, Leroy Oquist, Dave Kondrick Members Absent: Connie Modig, Dean Saba Others Present: Paul Bolin, Planning Assistant Scott Hickok, Planning Coordinator Michael and Claudia Geis, 520 Dover Street George Bydlon, 6454 Riverview Terrace Brian Bona, 4000 Washington Street, Columbia Heights APPROVAL OF SEPTEMBER 1 1999 PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve the September 1, 1999, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT, S.P. 99-10, BY GEORGE BYDLON: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, 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 7:36 P.M. Mr. Bolin stated the petitioner is requesting a special use permit to allow the construction of a 264 square foot accessory building. The building will be used as a screen porch in summer and pontoon boat storage in winter. The petitioner is also requesting a variance to allow this building and the existing garage in the code defined front yard. This variance will go before the Appeals Commission on Wednesday, September 22, 1999. The petitioner's home is located at 6454 Riverview Terrace, and is zoned R-1, single family residential, as is the surrounding area to the north and south and east. The Mississippi River is to the west. � Mr. Bolin stated the property is not actually located directly on Riverview Terrace. There is a 25-foot wide driveway easement going into the property. The lot has a gentle slope that goes from the garage down to the river bluff where it drops off quite steeply down to the river. The yard is very well landscaped, covered by grass, trees, and flower gardens. The original home was built in 1936; three years later the lot was platted. In 1949, the current garage was originally built. In 1985, the petitioner added on to the home. The garage is 324 square feet and too small to store the petitioner's pontoon. The petitioner has problems getting one of his vehicles into the garage. Mr. Bolin stated the proposed accessory structure is going to be 264 square feet, for a total of roughly 588 square feet. The code does allow up to 1400 square feet of accessory buildings on a property. He stated second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district, and the location of the accessory building will not impede any neighboring views of the river. Mr. Bolin stated staff recommends approval of Special Use Permit, SP #99-10, with the following stipulations: 1. All necessary permits shall be obtained from the City prior to construction. 2. This special use permit shall become null and void if VAR #99-25 is not approved. 3. The accessory building shall be architecturally compatible with the existing home and garage. Mr. Bolin stated the building will be faced in cedar to match the garage and also the shingles will match the garage. The home between the petitioner's home and Riverview Terrace has a driveway easement that runs along the south edge of the property. The proposed structure would be located in that area. Ms. Savage asked Mr. Bolin if there was any opposition to this permit from the neighbors. Mr. Bolin stated that he has received no comments from the neighbors. Ms. Savage asked if the special use permit was required because of the location. Mr. Bolin stated that the special use permit was only required because it was a second accessory building and it is over 240 square feet in size. Ms. Savage asked Mr. Bolin if the size was permitted. : Mr. Bolin stated, yes. Mr. George Bydlon, 6454 Riverview Terrace, stated that he did not have any additional comments or changes pertaining to his special use permit request. Z s. Sava e asked Mr. Bydlon if any of the neighbors voiced any concerns regarding M 9 this project. Mr. Bydlon stated that he has not heard anything from his neighbors. Mr. Kondrick asked Mr. Bydlon if he had any problems with the stipulations recommended by City staff. Mr. B dlon stated that he did not have any problems with the stipulations by staff. Y Mr. O uist asked Mr. Bydlon if the vertical walls of the accessory building would be q screened. Mr. B dlon stated that the plan was to screen and lattic e� togethersnd keep it as open Y as they can because it would be convernent for fam y 9 MOTION by Mr. Oquist, seconded by Mr. Kondrick, to close the public hearing. UP ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERWO�S CLOSED AT 7:46 P.M• THE MOTION CARRIED AND THE PUBLIC HEARIN r. O uist, Mr. Kondrick, and Ms. Savage stated that they were in favor of approving M q the special use permit. Mr. Kondrick to recommend approval of Special MOTION by Mr. Oquist, seconded bY d�on, to allow a second accessory structure in Use Permit, SP #99-10, by George By excess of 240 square feet, with the following stipulations: cessa ermits shall be obtained from the City prior to construction. �. All ne rY p 2. This special use permit shall become null and void if VAR #99-25 is no approved. atible with the existing home 3. The accessory building shall be architecturally comp and garage. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. va e stated the City Council would consider this request on October 11, 1999. Ms. Sa g _ _ ...... ., . �.. 2. UNIVERSITY AVE: 3 3. and LOCATED AT 5333 UNIVERSITY AVE: Ms. Savage stated that these public hearings would be combined in one public hearing. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, 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 HEARNG OPENED AT 7:58 P.M. Mr. Hickok stated that this was a rezoning and special use request by Brian and Jacqueline Bona for the property at 5333 University Avenue. They are seeking to rezone a portion of this property from R-3, Multi-family Residential, to C-2, General Business. Mr. Bona had also requested a total of six variances in order to construct an automobile service station. That request has now been reduced to one variance. Currently there is a facility at the corner of 53� and University Avenue owned by Mr. Bona which is a motor fuel sales operation, which exists under its own special use permit. To the east is multi-family residential, to the north is the property being considered for rezoning. There is an alley that exists on the site to the north of the existing proposed area. Mr. Hickok stated the petitioner has requested a rezoning of the property described as lots 24 - 30 of Hamilton's addition to Mechanicsville from R-3 to C-2. Repair garages are permitted by special use in the C-2 General Commercial District. The proposed facility size inevitably will cause parking to encroach on this R-3 property. The building itself will be on the existing C-2 and parking will stretch across onto R-3 property causing the need for rezoning. The R-3 district would otherwise allow a multi-tenant residential development. The land size is 25,596 square feet roughly. Based on this land area, as many as fourteen residential dwelling units could exist on this site and would remain R-3. Undeveloped multi-family land is very scarce in the City of Fridley. Mr. Hickok stated rezoning requests are reviewed by staff and then matched against standards of the code to make certain the rezoning recommendation coincides with the missions and wishes of the City as described by code. A proposal must match the criteria in all three instances. If not, the rezoning fails to receive a positive recommendation from Staff. Compliance with the district's standards is required. In this case, a 20-foot variance or setback from the residential area is required, and was requested of the Appeals Commission. The rezoning request is being made with one of those three criteria being that the proposal complies with the district requirements, and 4 in this case it would compiy if the variance were granted. Staff recommends approval of the rezoning request ZOA #99-04, with the following stipulations: 1. Pending approval of special use permit SP #99-09• 2. The petitioner shall modify the site plan to eliminate all variances for the proposed facility. Mr. Hickok stated that in spite of the fact that the Appeals Commission has reviewed this and has recommended app roval of the 20 foot variance [per Section 205.14.03.C.(4), to reduce the setback from the adjac{I n thattheY modify the s te plan side from 50 fee t to 3 0 fe e t], i t i s S t a ff s r e c o m m e n d a so that as i t is co m p ared a gainst that rezoning criteria, it now meets without mee ting a variance. Mr. Hickok stated that auto repair is listed as a use p e o he part of the City ermit is obtained. Special use permits are a discretiona o al of the special use permit. In Compatibility of adjacent uses is key to the app determining the suitability of use, the City must consid��e useaand otheeimpacts to g buildings and land, effects on traffic, noise created by ro erties surrounding properties. Denial is appropriate if impacts to surrounding p p cannot be mitigated with stipulations. The code is spes�f In add t on to min mumrcrteria, required for special use permit for a facility such as th staff recommends the following stipulations: 1. The Special Use Permit for an automobile service station is only for uses noted in the definition. 2. The use shall not provide for the out utdoopd play of iner halndise.uipmen , hydraulic lifts or service pits; or the o 3. The property shall not be used as a place of ssoiag of used motory eh clesko t he abandoned or �unked motor vehicles or the d p Y sale or display of used motor vehicles or the sale or display of used motor vehicles. 4, All required buffer or screening area shall be so construct om beamSng onto headlight beams of motor vehicles on the station property adjacent residential property. roved by Staff prior 5. A landscaping plan will be required to be submitted and app to issuance of a building permit. g. The petitioner's proposal shall not includ e, n e� Heavy dutytrepaerga ages) essors or heirs all prohibited activities on this s ( 7. Vehicular parking shall be limited to the owne�'iles be nm serviced maylbe pa ked maximum of three service vehicles. Automob 9 for a maximum p{�isd o osal shall be submitt d and approved prior to issuance g. The site plan fo p P of a building permit. roved prior to issuance of a g. A site lighting plan shall be submitted and app building permit. 5 Mr. Hickok stated staff's recommendation is to eliminate the variance; thereby eliminating stipulations placed on this variance by the Appeals Commission. Four of those six stipulations staff feels are still essential to this project. Staff recommends approval of the rezoning as recommended by staff with the revised site plan and include the four stipulations that would be eliminated by not having a variance go forward. Mr. Hicfcok stated that the first of the original requested variances read as follows: 1. Per Section 205.14.03.C.(4), to reduce the setback from the adjacent residential district on the east side from 50 feet to 30 feet. 2. Per Section 205.14.03.C.(4), to reduce the setback from the adjacent residential district on the north side from 50 feet to 3 feet.(That would only be if the Planning Commission did not approve the rezoning.) 3. Per Section 205.14.05.D.(5).(a), to reduce the required parking setback from any street ROW from 20 feet to 18 feet.(It has been determined that the parking could be designed and meet those setbacks without needing a variance) 4. Per Section 205.14.05.D.(5).O, to reduce the parking setback from an atley from 15 feet to 13 feet. (With some modifications to the site plan they could accomplish that 15 foot setback without a variance) 5. Per Section 205.03.55, to reduce the required parking space width from 10 feet to 9 feet. (Site modification could correct this as well) 6. Per Section 205.14.05.C.(1), to reduce the required number of parking stalls from 32 to 25. (This variance can be eliminated by reconfiguring the parking on-site.) Code Requirements are as follows: Section 205.14.03.C.(4) requires a minimum setback of 50 feet from residential districts. Section 205.14.05.D.(5).(a) requires parking be setback 20 feet from the right-of-way. Section 205.14.05.D.(5).O requires parking be setback 15 feet from an alleyway. Section 205.03.55 requires parking stalls be 10 feet wide. Section 205.14.06.C.(1) requires this site to provide a minimum of 32 parking stalls. Summary of hardship as stated by the petitioner: "In order to screen the neighbors from being adjacent to a parking lot and subjecting them to lights, noise and the related service station parking lot problems, the building was moved East," Mr. Hickok stated that the petitioner desires to align the proposed building with the existing building on the corner of the Amoco site. It opens up the viewshed to southbound traffic and the motor fuel facility at the comer. If this site was not owned by this petitioner, any other user of this site could come and build to the 35-foot setback and quite likely would want to do that for visibility. 0 Mr. Hickok stated that he would be more inclined to go along with opening up the view shed to the corner motor fuel operation, except that there is a very important part of that motor fuel operation that causes that particular building to be pushed back as it is. That is the sale of that product in the front yard that causes the building to be pushed back. That is a very important piece to that facility. The questions being asked now is that can they align the next building with that and are they paying again for that opportunity to sell motor fuel in the front yard by moving the next building back. By moving the building forward there would be green space in front of the building, not vehicles, and there could be a storefront appearance. Mr. Hickok stated staff is now asking the petitioner to re-establish the alley adjoining the property so people can get north and south on it. The City's requirement is that it would be hard surface improvement done in asphalt. Mr. Sielaff asked if there is a driveway into the garages. Mr. Hickok stated, yes. Mr. Hickok stated that staff is recommending, for snowplow purposes, that the City would maintain it and would need a place to take that snow. Staff is recommending that they grant an easement to allow a connection to the cul-de-sac so the loop can be made. Mr. Hickok stated that staff encouraged the petitioner's architect to explore the possibility of changing the building layout to utilize an internal drive to service bays � reducing the impact of the overhead doors facing University Avenue. In further analysis, they have determined that this is not preferred by them and the City is not certain that the depth is there to allow that without some other types of variances. Staff recommended that any or all of the variance requests be granted wi#h the stipulations included. Stipulations one, finro, three and six are recommended to be attached to approval of the rezoning or special use permit this evening. Ms. Savage asked Mr. Hickok if there has been any reaction from the neighbors. Mr. Hickok stated that one neighbor has had concerns about the trees. Another neighbor called the City for clarification about what is being done. That neighbor is supportive of the petitioner to only restore a portion of the alley, but the neighbor did not realize that there were garages at both ends of the alley which make it almost impossible to only improve a portion. From a snow removal perspective, the alley needs to be linked for the snow to be plowed all the way through. Mr. Hickok stated that the site plans show a brick fa�ade and a total of seven overhead doors facing University Avenue. The diamond shaped feature is the skylight that runs from front to back on the facility. Staff is recommending more storefront appearance on the University Avenue side and eliminating the overhead doors on the front. The � petitioner indicated at the Appeals Commission that they would rather not have the doors facing the neighborhood. Residential properties are on the side of University Avenue as well, however so they would be effected also from the overhead door� in front with the appearance and noise. If noise is going to be an issue beyond the property lines on this project, maybe the property does not fit and should be denied. Mr. Kondrick asked what the distance is from the building and the property line. Mr. Hickok stated it is 55 feet and is a standard width drive aisle. Mr. Kondrick asked what other landscaping plans are requested. Mr. Hickok stated that for the base area they have, there is 15 feet of running distance that could have a three-foot rise before planting of the trees. Mr. Hickok stated he would recommend that they go with the standard eight-foot privacy fence required and some columnar Arbor Vita planted at a spacing that would provide a nice screen and then beyond it would build out to a nice hedge taller than the fence itself. Ms. Savage stated that she realized staff is recommending approval with stipuiations, but at the same time saying that the building should not have so many overhead doors facing University Avenue. Mr. Hickok stated that was the second stipulation of the rezoning that indicates staff would review and approve the site plan prior to issuance of the building permit. Mr. Sielaff asked Mr. Hickok if all of the other variances were no longer needed because the property is being rezoned to C-2. Mr. Hickok stated that the C-2 already applies. Planning Commission is being asked to consider going R-3 to C-2 for the piece to the north. Mr. Brian Bona, 4000 Washington Street, stated that his father started in the automotive repair business in Columbia Heights 49 years ago with a very strong operation. The business is family-oriented, does not advertise, and keeps six mechanics busy full-time. They know their customers on a first name basis. Mr. Bona stated that 14 months ago, they purchased the Amoco Service Station and turned some things around witH minimal resources. They cleaned it up and made a more positive impact. Mr. Bona stated he would like a storefront appearance as well and thinks he can achieve that without the overhead doors behind the building or creating an alleyway through there. He stated that the type of architecture he likes is similar to what is on Grand Avenue and in Stillwater with the more traditional appearance. Some things that bring out the architectural softness are the panes of glass in the garage doors that have the colonial look. Above those garage doors would be a lintel type appearance going across the entire span of the building. A crown molding would be at the very top of the building to bring the architectural pizzazz that is similar to the Stillwater and Grand n ,•. Avenue timeless look. Decorative wood surrounding the glass gives it a little softer look than the typical masonry buildings so common. Mr. Bona stated that he visited with the neighbors and the biggest opposition was from the neighbors directly behind the site. They were concerned about the doors facing them and the impact of the noise from the mechanics tools. He feels that the most wide-open space is facing University Avenue. The noises created will be drowned out by the traffic from University Ave. Mr. Sielaff asked Mr. Bona what he thought of having one entryway opening up to all the bays and then one exit without having any of those opened up doors at all. Mr. Bona stated that it would be an economic burden. . Mr. Sielaff stated that he thought it would be less energy used because you wouldn't have to open up all those doors to access each individual bay. Mr. Bona stated that it is just not quite as user-friendly. Mr. Jack Ovick, the petitioner's architect, stated that the width of the lot is too thin to add a 26-foot corridor through the building without eliminating some parking or encroaching further on the back of the lot. Insurance carriers are concerned about having cars on the interior of the building backing in and out of a separate driveway because it is a safety issue. There is a landscaping plan for the front of the building and the berm will be high up to help conceal the doorways as people drive by on University Avenue. Mr. Savage stated that she really liked the look, but stipulation #8 states that staff shall approve the site plan and asked if Mr. Bona had any problem with that. Mr. Ovick asked if the Planning Commission would approve of the staff's recommendation and if staff stipulated that they would have to turn the building around, would they have to abide by that? Mr. Hickok stated that staff's site plan recommendation was to turn the building around as listed in stipulation number eight. Mr. Oquist stated that he did not agree with that. He felt that turning the building around would put the noise and everything else towards the neighborhood. University Avenue is a buffer for the people across the street. The property is not wide enough to put that center aisle inside the building and allow for parking and everything else. He liked the idea of the colonial, traditional look similar to the way things used to look instead of all glass and chrome. Those doors will be open most of the time though from 7:00 a.m. to 9:00 p.m. He can also see his point with the landscaping and berming and that will be critical to what Mr. Bona is proposing. � Mr. Sielaff stated that he does not have a problem with the garage doors being open all the time. He expects that it would be bermed and that would help a lot and has a greater concern about the neighbors in the back. 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 WAS CLOSED AT 8:40 P.M. Mr. Kondrick stated that he liked Mr. Bona's idea but the berm is the problem. If the bays were open to the back, it would have to be bermed and also have some trees and the fence. If the doors were to the front, the berming would also have to be done. He has nothing against Mr. Bona's plan and he could see why he wants to do it this way. Ms. Savage stated that if he could have the garage doors looking similar to what he described, that would be a great addition to that area. Mr. Kondrick stated that it is okay with him, even though most of the year those garage doors will be open most of the time. If they could shield them from University Avenue some way, it would be acceptable. Mr. Oquist stated that he would rather have it facing the front with good landscaping than turning it around to face the neighborhood. Mr. Kondrick asked if there has been any mention of how high the berm can be. Mr. Hickok stated it is staff's recommendation to maintain a 3:1 slope, no more than that so they can mow it and keep it maintained. They have opportunity, if there is approval, to work in the right-of-way also to get some added height with the 3:1 slope by having greater distance. They might be able to receive approval with grating the right-of-way in building out of the right-of-way so they have a greater run distance to get the berm higher. Mr. Sielaff stated he thought it could be done as part of the landscape plan. Mr. Kondrick asked if the doors were in #ront, would they have to have the fence done in back? Mr. Hickok stated that they would not have to have the fence in back but the alley would still have to be done no matter what. Ms. Savage stated that it sounded like the commissioners feel the building should be turned around to front. She asked if stipulation number eight of the special use permit to approve the site plan would be needed. 10 Mr. Hickok stated that would be clarified stating what the Planning Commission's position is on the building positioning. Mr. Kondrick asked if they could specify whether the Planning Commission could stipulate the building design as the petitioner presented. Mr. Oquist stated that they dictate the materials to be used. Mr. Hickok stated that the Planning Commission can pick the materials compatible with their vision of the site. Ms. Savage stated that the vision articulated from the petitioner is a good one, and she would like to see more of that for the City of Fridley. Mr. Kondrick asked how many doors are needed. Mr. Bona stated there are seven doors with a band of steel running over the top of the doors and a crown molding on the very top of the building. The front of the building would be brick basically, and the doors would have wooden type of frame on it. The doors would be glass and on top of the doors would be one continuous lintel and from that lintel upwards they would have more brick and then one large crown molding above that. Mr. Kondrick asked if they could be more specific as to the type of berm they would use for the front of the building. Mr. Hickok stated that with a 20-foot setback and roughly 10 feet on the outside of that you have 30 feet. If you wanted to berm the whole entire thing you could go ten feet high, but that is not the intent. Mr. Oquist stated that it would be too difficult to maintain if it were too high. Mr. Bona stated that those open doors would not get very much attention and it is a very attractive soft-looking building that just fits in that natural setting very well. Mr. Oquist stated that the building that Mr. Bona has planned is really nice, but those open doors need to be landscaped as best as they can. Mr. Ovick stated that the berm would have tall trees and also plant it with screen-type foliage along there. It would probably be smarter to move the entry to the south so as the berm comes down you would be able to see into the office area and not the open doors. If the mound could be serpentine and plant the trees with like a honey locust type of tree and placing conifers and junipers to be green in the winter as well. Mr. Hickok stated that the site plan is 17 trees short of the code requirements. There would be a significant number of trees added to this site. 11 Mr. Kondrick stated that was all the better as far as he is concemed. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to recommend approval of ZOA #99-04, with the finro stipulations as follows: 1. Pending approval of Special Use Permit, SP #99-09. 2. The petitioner shall modify the site plan to eliminate all variances for the proposed facility. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to recommend approval of the Special Use Permit, SP #99-09, with the nine stipulations and stipulations 1, 2, 3, and 6, from Variance Request, VAR #99-19, to rezone lots 24-30 of Hamiltons addition to Mechanicsville from R-3 to C-2. Stipulations of the Special Use Permit, SP #99-09 reads as follows 1. The Special Use Permit for an automobile service station is only for uses noted in the definition. 2. The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of inerchandise. 3. The property shall not be used as a place of storage or depository of wrecked, abandoned or junked motor vehicles or the display of used motor vehicles or the sale or display of used motor vehicles. 4. All required buffer or screening area shall be so constructed as to obstruct headlight beams of motor vehicles on the station property from beaming onto adjacent residential property. 5. A landscape plan will be required to be submitted and approved by staff prior to issuance of a building permit. 6. The petitioner's proposal shall not include, nor shall the petitioner, his successors, or heirs all prohibited activities on this site. (i.e. Heavy duty repair garages) 7. Vehicular parking shall be limited to the owner's and employee's vehicles and a maximum of three service vehicles. Automobiles being serviced �may be parked for a maximum period of 48 hours at any one time. 8. The site plan for this proposal shall be submitted and approved prior to issuance of a building permit leaving the front of the building facing University Avenue. 9. A site lighting plan shall be submitted and approved prior to issuance of a building permit. Stipulations of the Variance Request, VAR #99-19, to rezone lots 24-30 of Hamilton's addition to Mechanicsville from R-3 to C-2 reads as follows: Property owner obtain building permits prior to construction of new addition. 12 2. All grading and drainage plans to be approved by City Staff prior to the issuance of building permits. 3. A landscaping plan meeting all code requirements, plus an additional 6 large (4feet caliper trees to compensate for trees removed from the right-of-way by the petitioner, shall be approved by City Staff prior to the issuance of a building permit. Bonding requirement, to ensure the installation of landscaping, shall be met as required by Code. 6. Alleyway east of property shall be restored and paved prior to issuance of building permits. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that this matter would be going to City Council on October 11, 1999. Mr. Bona stated that it seems odd that he would have to reconstruct the entire alley. Mr. Hickok stated that but for this project the alley would not need to be improved or hard surFaced. The improvement cost does need to be born by this developer as part of this project. Ms. Savage asked if this could be brought up at City Council. Mr. Hickok stated that it could. 4. PUBLIC HEARING: CONSIDERATION OF VACATION SAV #99-04 BY MICHAEL AND CLAUDIA GEIS, TO VACATE A PORTION OF CHERYL STREET BETWEEN LOTS_1-9, BLOCK L.. AND LOTS 25-32 BLOCK M RIVERVIEW HEIGHTS ADDITION, ANOKA COUNTY MN GENERALLY LOCATED AT 520 DOVER STREET: Ms. Savage asked if they could combine public hearing number four and public hearing number five. Mr. Hickok stated that would be acceptable. 5. PUBLIC HEARING: APPROVE A PRELIMINARY PLAT PS #99-04 BY MICHAEL AND CLAUDIA G�IS. FOR A SUBDIVISION TO REPLAT PROPERTY INTO TWO SEPARATE PROPERTIES. GENERALLY LOCATED AT 520 DOVER STREET: MOTION by Mr. Sielaff, seconded by Mr. Kondrick to waive the reading of the notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:01 P.M. 13 Mr. Bolin stated that the petitioner was seeking to vacate a portion of Cheryl Street and to replat the vacated street and 22 individual lots into two single-family lots. One of the lots does contain the existing home and the other one would hold a new home. The petitioners own Lots 1-9, 28, 29, Block L, and Lots 1-3 and 25-32, Block M, Riverview Heights. The property is zoned R-1, as are all of the surrounding properties. The southern and eastern borders of the property are bordered by Springbrook Creek. The Geis' own all of the property that abuts the portion of Cheryl Street. If the street vacation is granted and the lots are replatted as Lots 1 and 2, Block 1, both of the lots would meet all of the City code requirements as far as size and setbacks for the existing home and for the proposed building as well. The lot was platted in 1922, prior to 1949 when the City started issuing building permits the existing home was built. In 1958, a garage was built. In 1965 and 1979, alterations were made to the home. In 1981, the garage was demolished and replaced with a new garage. In 1985, a shed was built. Mr. Bolin stated that due to the fact that the petitioners own all the property abutting the portion of Cheryl to be vacated, and due to the fact that the slopes and creek are on the southern side, it is impossible to build on Cheryl Street; also it does not line up with Liberty Street, staff recommends approval with stipulations. Mr. Bolin stated that staff has determined that it would be in the City's best interest to vacate the rest of Cheryl Lane from the Geis property down to Broad Avenue. There are three other properties that abut this portion of Cheryl Street and staff will be coming forward with requests to vacate that portion at the October 6, 1999, meeting. This will avoid the possibility in the future of someone wanting to come in and establish Cheryl Street as an actual street and requiring a cul-de-sac at the end of it. The assessor has estimated that by giving those three property owners woutd have a five dollar per year increase in property taxes. Mr. Bolin stated that staff recommends approval for the subdivision request, P.S. #99- 04, with stipulations. Mr. Sielaff asked what would happen if the petitioner sold the lot to someone else. Mr. Bolin stated that the special use permit, with all stipulations, gets recorded against the property, and any new owner woutd have to follow the stipulations as well. Mr. Michael Geis, 520 Dover, stated that he has moved some of the trees back. He wants to hide the house and landscape it, and he does not want to disturb the trees much at all. He has no problems with the stipulations. The neighbor's only concern is the increase in taxes. He wants to clean the other part of his land up because there is a big hole there and a dead tree. He wants to fill that in and plant more trees and evergreens. He has two driveways right next to each other with a fence on one side. He stated that he grew up on this property. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. 14 UPON A VOICE VOTE, ALL VOTING AYE, C EA'R NG WAS CLOSED AT 8:40RP.M. THE MOTION CARRIED AND THE PUBLIC H Ms. Savage stated that she did not think there would be any problem with granting these requests. Mr. Kondrick stated he was in concurrence with Ms. Savage, and it was going to be really nice when it is done. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to approve Vacation, SAV #99-04, by Mr. and Mrs. Geis, with the modification of stipulations #5 with stipulations reading as follows: 1. Grading and drainage plan shall be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impact to the steep slope and Springbrook Creek. 2. The Petitioner shall grant a drainage and utility easement across all land south and east of the 840 foot elevation line. 3. The new home shall not be built on slopes exceeding a 12 percent (12%) grade change. licable. 4. During construction of new home, silt eW lo onl alp b�e �oes uance of building 5. The petitioner shall pay $750 for the Y permits. 6. The petitioner shall pay all water and sewer connection fees. 7. The petitioner shall agree to preserve mVa homes sha�l be marked andlalpproved trees required to be removed for the ne v by City staff prior to issuance of building permits. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to app rove Plat Request, P.S. #99-04, with the modification of stipulation number five to read as follows: 1. The grading and drainage plan shall be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impact to the steep slope and Springbrook Creek. 2. The petitioner shall grant a drainage and utility easement across all land south and east of the 840 feet elevation line. 3. The new home shall not be built on stopes exceeding a 12 percent (12%) grade change. licable. 4. During construction of new home, silt fencing shall be used where app ' 5. The petitioner shall pay $750 for the new plat only prior to issuance of building permits. 15 6• The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 7. Plat approval is subject to approval of SAV #99-04. If the street vacation request should fail to be approved, the preliminary plat would also be denied. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that this matter would be going to the City Council on October 11, 1999. Ms. Geis asked if they would have to wait for the other vacation request from the neighbors. Mr. Hickok stated that they would not have to wait for that. After the final plat they can move ahead. 6. RECFivF Tu� �� „-�� ,.� �. ._ .. __ _ _ MO___!��N_ by Mr. Oquist, seconded by Mr. Sielaff, to receive the minutes of the July 28, 1999, Joint Housing & Redevelopment Authority and City Council meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive the August 5, 1999, Housing and Redevelopment Authority meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. . 8. RFr.F�v� -ru� �� T.-� ..�. _. ._ _ _ _ MEETING: M0T�4N by Mr. Oquist, seconded by Mr. Sielaff, to receive the minutes of the August 25, 1999 Appeals Commission meeting. OTHER BUSINESS: 16 Mr. Hickok stated that the PI t nexgand the ICU, pproved byghe C tydCounc I ve forward of the Unity Hospital p ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AY E�BERR 5ER999NPLANN NG ECLARED THE MOTION CARRIED AND THE SEPT COMMISSION MEETING ADJOURNED AT 9:20 P.M. Respectfully submitted, Signe Johnson Recording Secretary 17 � � CffY OF FRIDLEI( Date:10/04/99 AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 To: William Bums, City Manager �� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission acti on on SAV #99-04 & PS #99-04 M-99-235 INTRODUCTION Michael & Claudia Geis are seeking to vacate an undeveloped portion of Cheryl Street and then to replat the vacated portion of the street and 22 substandard sized lots into finro single family lots. The petitioners own Lots 1-9, 28,29, Block L and Lots 1-3, 25-32, Block M of Riverview Heights, and are seeking to vacate the portion of Cheryl Street laying between these finro blocks. Staff has also recommended that Cheryl be vacated from the Geis's property west to Broad Avenue, and will be presenting that request at the October 25th City Council meeting. The proposed plat will contain the finro lots and will be known as the Geis Addition. Currently there is a home on proposed Lot 1, that will remain, and a new home will be built on proposed Lot 2. PLANNING COMMISSION ACTION At the September 15, 1999 Planning Commission meeting, a public hearing was held for SAV #99-04 and PS #99-04. The Planning Commission unanimously recommended approval of both requests with stipulations. After brief discussion, a motion was made and seconded to recommend approval of the street vacation request, SAV #99-04 with stipulations. The motion carried unanimously. A motion was then made and seconded to recommend approval of the preliminary plat, as presented, with stipulations. STAFF RECOMMENDATION FOR SAV #99-04 City Staff recommends concurrence with the Planning Commission and approval of street vacation resolution, with the following stipulations. 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impact to the steep slope and Springbrook Creek. : 2. Petitioner shall grant a drainage and utility easement across all land south and east of the 840' elevation line. 3. New home shall not be built on slopes exceeding a 12% grade change. 4. During construction of new home, silt fencing shall be used where applicable. 5. Petitioner to pay $750 park fees only for the new lot, prior to issuance of building permits. 6. Petitioner to pay all water and sewer connection fees. 7. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. STAFF RECOMMENDATION FOR PS #99-04 City Staff recommends concurrence with the Planing Commission and granf approval of the preliminary plat, with the following stipulations. 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in o�der to minimize impact to the steep slope and Springbrook Creek. 2. Petitioner shall grant a drainage and utility easement across all land south and east of the 840' elevation line. 3. New home shall not be built on slopes exceeding a 12% grade change. 4. During construction of new home, silt fencing shall be used where applicable. 5. Petitioner to pay $750 park fees, only for the new lot, prior to issuance of building permits. 6. Petitioner to pay all water and sewer connection fees. 7. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 8. Plat approval is subject to approval of SAV #99-04. If the street vacation request should fail to be approved, the preliminary plat would also be denied. 19 City of Fridley Land Use Application PS #99-04 � SAV #99-04 September 15,1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael & Claudia Geis 520 Dover Street Fridley, MN 55432 Requested Actions: Replat of property to combine 221ots and a vacated street into two SF lots. 2. Vacate a portion of Cheryl Street. Rxi.ctin� Zp�g R-1 Single Family Residential Location: 520 Dover Street Size of Property: 73,314 square feet 1.68 acres Existing Land Use: Vacant. Surrounding Land Use & Zoning: N: Single family & R-1 E: Single family & R-1 S: Springbrook Creek & R-1 W: Single family & R-1 Comprehensive Plan Conformance: Use of property is consistent with Plan. Zoning Ordinance Conformance: Once property is subdivided, the existing home will continue to meet code requirements. A new home can be built on the 2"d lot without any variances. Properiy History: • 1922 - Riverview Heights is platted. • Pre-1949 - Home is built. 1958 - Garage is built. 1965,1979 - Alterations made to home. 1981 - Old garage demolished and replaced with a new garage. • 1985 - Shed is built. Legal Description of Properiy: See Attached Z� Council Action: October 11, 1999 Public Utilities: Located near property. Transportation: Property is accessed from Dover Street. Physical Characteristics: NW portion of property is flat, South and East portions of properiy have steep wooded grades down to Springbrook Ck. SUMMARY OF REQUEST The Geis' are seeking to vacate an undeveloped portion of Cheryl Street, and to replat the vacated strcet and 22 individual lots into 2 single family lots. SUMMARY OF ANALYSIS Due to the following factors: • Petitioner owns all property abutting portion to be vacated; • Due to slopes & Creek, it is not possible to build south of Cheryl Street; • Cheryl Street has never been improved due to steep slopes and vicinity to Creek. City Staff recommends approval of the street vacation, with stipulations Due to the following factors: • Both lots meet Code requirements; • Possible to build a home on proposed Lot 2 without variances; ' • Majority of the 22 lots owned by the Geis' s are 25' wide and not individually buildable; • Good use of underdeveloped land. City Staff recommends approval of the plat request, with stipulations. Staff Report Prepazed by: Paul Bolin SAV #99-04 & PS #99-04 ANALYSIS The petitioner is seeking to vacate an undeveloped portion of Cheryl Street and then to replat the vacated portion of the street and 22 substandard sized lots into finro single family lots. The petitioner owns Lots 1-9, 28,29, Block L and Lots 1-3, 25-32, Block M of Riverview Heights, and is seeking to vacate the portion of Cheryl Street laying befinreen these finro blocks. Staff would recommend that Cheryl be vacated from the Geis's property west to Broad Avenue. The new plat will contain the two lots and will be known as the Geis Addition. Currently there is a home on proposed Lot 1, that will remain, and a new home will be built on proposed Lot 2. The petitioner owns the property surrounding the proposed street vacation. The lots that are currently located south of Cheryl Street are unbuildable due to their size and the steep slope. Due to these steep slopes and the location of Springbrook Creek, City staff has determined that it would be highly unlikely that the City would have any desire or need to install Cheryl Street as platted. The original vacation request affected only the portion of street that currently crosses and ends on the Geis's property. Letters have been received from neighbors in support of this request, with the understanding that this request applies only to the Geis's property. However, since the entire undeveloped street has been enjoyed as private property for a number of years, and the additional property given back to neighboring properties would not create a great additional property tax burden to neighboring properties, staff recommends that Cheryl Lane be vacated in it's entirety between Broad Avenue and the Eastern most edge of the Geis property. The City Assessor has estimated that the neighboring properties would likely not see more than a$5 / year increase in their property taxes as a result of the land they would gain from the street vacation. Vacation of the additional segment of Cheryl, between the Geis property and Broad Street will require a hearing. This hearing will be advertised and will proceed prior to this item going to City Council. The petitioner will be notified regarding the City's need to extend the 60-day window to 120 days. Staff believe this entire segment of Cheryl should be vacated in spite of neighborhood objection to do so. A stub street with no installation potential ' leaves too many unanswered questions, and the potential that at some point in the future the City could receive a petition to improve that short segment of street, which now would serve no purpose. Granting the vacation, would enable this under utilized property to develop an additional single family home in an existing neighborhood. This would be consistent with the City's vision of providing these types of in-fill lots. As a developed City, Fridley does not have large pieces of undeveloped property for new housing subdivsion's, and must look at opportunities like this to keep growing. 21 RECOMMENDATION FOR SAV #99-04 City Staff recommends approva/ of this proposed street vacation, with the following stipulations. 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impact to the steep slope and Springbrook Creek. 2. Petitioner shall grant a drainage and utility easement across all land south and east of the 840' elevation line. 3. New home shall not be built on slopes exceeding a 12% grade change. 4. During construction of new home, silt fencing shall be used where applicable. 5. Petitioner to pay $750 per lot park fees prior to issuance of building permits. 6. Petitioner to pay all water and sewer connection fees. 7. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. RECOMMENDATION FOR PS #99-04 Proposed lots exceed the size standards required by the City of Fridley Zoning Code. Fridley requires that lots in an R-1 district have a minimum total lot area of 9,000 square feet. The proposed lots are 54,084 square feet and 19,230 square feet in size. Staff concerns with the steep slope and Springbrook Creek adjacent to the property are being addressed. All final grading and drainage plans shall meet the approval of City Engineering staff before building permits are issued, in order to minimize impacts to the steep hillside and Springbrook Creek. In addition, the petitioner shall grant a utility and drainage easement for all property located south and east of the 840' contour line identified on the preliminary plat. This easement simply means that while the Geis's retain ownership and responsibility fo� that property, they will not be allowed to build on that portion of the property. This portion of the property is unbuildable due to the severe slopes. City Staff recommends approval of this proposed preliminary plat, with the following stipulations. 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impact to the steep slope and Springbrook Creek. 2. Petitioner shall grant a drainage and utility easement across all land south and east of the 840' elevation line. 3. New home shall not be built on slopes exceeding a 12% grade change. 4. During construction of new home, silt fencing shall be used where applicable. 5. Petitioner to pay $750 per lot park fees prior to issuance of building permits. 6. Petitioner to pay all water and sewer connection fees. 22 7. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 8. Plat approval is subject to approval of SAV #99-04. If the street vacation request should fail to be approved, the preliminary plat would also be denied. 23 RESOLUTION NO. _ RESOLUTION TO VACATE THE PORTION OF CHERYL STREET BETWEEN LOTS 1-9, BLOCK L AND LOTS 25-32, BLOCK M, RIVERVIEW HEIGHTS ADDITION, ANOKA COUNTY, MINNESOTA. WHEREAS, The petitioners, Michael & Claudia Geis, own LOTS 1-9, BLOCK L AND LOTS 25-32, BLOCK M, RIVERVIEW HEIGHTS ADDITION, ANOKA COUNTY, MINNESOTA; and WHEREAS, an undeveloped portion of Cheryl Street divides the petitioners property; and WHEREAS, the petitioners have asked for a vacation of this undeveloped portion of Cheryl Street; and WHEREAS, City Staff has determined that due to the steep slopes and proximity to Springbrook Creek, it is not feasible for the City to ever develop Cheryl Street; and WHEREAS, that portion of Cheryl Street to be vacated shall be retumed to adjoining property owners; and WHEREAS, The requested vacation would enable the petitioners to re-plat their property, including the vacated portion of Cheryl Street, and construct an additional home in Fridley. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the PORTION OF CHERYL STREET BETWEEN LOTS 1-9, BLOCK L AND LOTS 25- 32, BLOCK M, RIVERVIEW HEIGHTS ADDITION, ANOKA COUNTY, MINNESOTA. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TM DAY OF October 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 24 : AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 CfTY OF PRIDLEY Date: 10/01 /99 To: William Bums, City Manager ��,� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission acti on on SP #99-10 M-99-236 INTRODUCTION George Bydlon, property owner at 6454 Riverview Terrace is seeking a special use permit to construct a 264 square foot second accessory structure. Asmall detached garage currently sits on this site. The new struciure will be used in the winter for covered, screened pontoon boat storage and in the summer will be used as a screen porch/park shelter type building for the petitioner and his family. Accessory buildings over 240 square feet are a permitted special use. If the building were reduced by 2' in length it would not require the special use permit. However, these two feet are needed by the petitioner to accommodate storage of his pontoon boat and avoid code violations for boat storage in the front yard. The existing garage and the proposed accessory building are a total of 588 square feet, which is 812 square feet less than the total allowed by Code. The petitioner accesses his home through a 25' wide easement across the property immediately to the East of his property. This neighboring property shields all views of the petitioner's property. The location of the proposed accessory structure is located such that it will not take away the neighbor's view of the river. The location of this accessory structure seems to be the optimal spot for this site. Therefore, staff recommends approval of this special use permit. The Appeals Commission has granted the petitioner a variance to locate the structure in the front yard due to the unique layout of this property, located along the river. PLANNING COMMISSION ACTION At the September 15, 1999 Planning Commission meeting, a public hearing was held for SP #99-10. The Planning Commission concurred with Staff that the proposed location of the accessory structure is the best location available on this property. After a brief discussion, the Planning Commission endorsed staff s recommendation for approval. A motion was made to recommend approval of special use permit, SP #99-10, with the following stipulations: 1. All necessary permits shall be obtained from the City prior to construction. 25 2. The accessory building shall be architecturally compatible with the existing home and garage. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and grant the proposed Special Use Permit, SP #99-10, with the stipulations as presented. � City of Fridley Land Use Application SP #99-10 September 15, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: George Bydlon 6454 Riverview Terrace Fridley, MN 55432 Requested Action: Special Use Permit to allow a second accessory structure in excess of 240 square feet. Existing Zoning: R-1 (Single Family Residential) Location: 6454 Riverview Terrace Size: 27,795 square feet .64 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: Mississippi River Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sections 205.07.1.C.(1) requires a special use permit to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: 1936 - Original home is built.� 1939 - Lot is platted. 1949 - Garage is built. 1985 - Home addition Legal Description of Property: Part of Lot 14, Auditor's Subdivision No. 23. � Public Utilities: 27 Property utilizes on-site septic and well. Transportation: Riverview Terrace provides access to site. Physical Characteristics: Gentle sloping lot from garage to river bluff. Well landscaped yard covered by grass, trees, and flower gardens. SUNIMARY OF PROJECT George Bydlon, petitioner, is requesting a special use permit to allow the construction of a 264 square foot accessory building. The building will be used as a screen porch in summer & for pontoon boat storage in winter. Petitioner is also seeking, from the Appeals Commission, a variance to allow this building and the existing garage in the Code defined front yard. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district. CITY COUNCII.. ACTION October 11, 1999 (Code defined front yard) • Staff Report Prepared by: Paul Bolin : Special Use Permit SP #99-10 Analysis George Bydlon, property owner at 6454 Riverview Terrace is seeking a special use permit to construct a 264 square foot second accessory structure. Asmall detached garage currently sits on this site. The new structure will be used in the winter for covered, screened pontoon boat storage and in the summer will be used as a screen porch/park shelter type building for the petitioner and his family. The petitioner is also seeking a variance from the Appeals Commission to correct the non- conformity of his existing garage being located in the Code defined front yard and to allow construction of this second accessory building. The original home was built in 1936, facing the river. In 1949, the garage was built in its current location. In 1985, a variance was granted for an addition to the home that reduced the setback from the bluff line from 40' to 20'. By code, this is the petitioners rear yard. Due to the fact that structures must be setback 40' from the bluff line, the only place for the petitioner to construct this accessory building is in the Code defined front yard. Accessory buildings over 240 square feet are a permitted special use. If the buitding were reduced by 2' in length it would not require the special use permit. However, these finro feet are needed by the petitioner to accommodate storage of his pontoon boat and avoid code violations for boat storage in the front yard. The existing garage and the proposed accessory building are a total of 588 square feet, which is 812 square feet less than the total allowed by Code. The petitioner accesses his home through a 25' wide easement across the property immediately to the East of his property. This neighboring property shields all views of the petitioner's property. The location of the proposed accessory structure is located such that it will not take away neighbors views of the river. The location of this accessory structure seems to be the optimal spot for this site. Therefore, staff recommends approval of this special use permit. Staff Recommendation City Staff recommends approva/ of this specia/ use permit, with the fol/owing stipulations. 1. All necessary permits shall be obtained from the City prior to construction. 2. This special use permit shall become null and void if VAR #99-25 is not approved. 3. The accessory building shall be architecturally compatible with the existing home and garage. 29 �1. r . e: -rS = �,T � -�j:� " �� 7��.t:., y �' . . . . .��T -` ~ �'.��y?'i: .�� ;4y.r �' • � ��';"�i', 'G�:jt.' '` i y�`��t . . =r?�, - �•i ��,,._��.i� �-ir� r�'!r��. �•3.�.. :;i,.. :.y ��Z -f r ` � � . � t t�w�.� "r �.. �. �� i�.� +s ��..Y�'.��.��5a ��s : ��%-� . �.f ±�.G.=%�� - _ �' _ _ ' {- r. . ,. t� . . �c •�� •�i - :�• � � w. _}}a •�•.. i :.. . � j.; r�./�� KsTr q-r_ �,_ .ti -I�J .�~G.L-i�� ' � ,=�/Ti.. r.l;ra.' '::t+.S? ��4 i~ 1'� �21� � • � . � • 1 ^ . L �i � -" • ' r►-'+. �. � ;"�_ � . 1�7� J.�E�,j/ �i��_`� ��j{�� .i �' , -�..'• • _T. ". . . ,:y� ..t -�_. • , �: v ; . _S. ��:'3��! • �- =. �--.�-- - {�V�!""��" ��Y�f• r � �� -•� . �r. . ; � � � • . .- �j �"�� V• ��. :� ii:.d;ti-1�.��'� � � • �•' . � « _C'•. ' , „'. , !;.. . `�. �_ •s�' ..'^ "�%�.r. Cr�:?�� !'r!�a= . '� . f Mbi+tsv el�ttr tfw �wvA. M ast�ae* ev � Iw �y �i r.os�e rr a.c:�T l�rsae�ars a�'i txLt � ta � �ti t�.De�w sx� cdRrs es �+�s i��it a� r�w+ssre� -- - �---� _ \ . -`7 �- 85 FdlNNESOTA REG � . � i bATE . $,._____ ... SCALE 1' • ��r r.,,,_ T{ON N4. � Gp � 1''S o• 1 RON MONUl�4 EN7 uo t�KS s�� . � �� "ya�, � �. . � � =:�` ,.�:-�. x; �� .� � � � �� ti ,��;�� - �� . 1, ' �`�� ; � � � �,� • � �� : V � � � h � I.11 � �\ �� . '' i' a � t ' �r.' �' � �, .e..z .��s� � �� ;� : , „� � _` � �` �j` � w� �:� , �; � .� �' -_ �ous� l�oc�~�'t�o�t • „ � oK � �, . ��t�� o� � O`r' �� G�l� S� �� 1'T O �� S � � . . `,� :q� - � � CJ` LJ�bt�11510�1 �O. �.�.� ��S.4Kti �0�� ' \�. PY � •.tl� .. .J•::�� S.- : `' , . y .j 't ;� � � ` .s•• •i' '�1 . .' � . � •' . • . �. • ' . • . �� +• �,' •-' �•�� :_ _ '_�.�•�" .• . i�-�_� -".t� �� `�.j. .! � � � .. �. ' - . . �� i• � ,� �� • •� n� 'J• �� r'`I� % � �'. ;./ - �• �� f , �t �i .� .`.. ' • . ;J � -� ' . . Y, ,.L• �. �•. - ^1 't��' � �\�. \ _ ��:� -�•.w'.•r.�•...•� • } ' V: �,: T��=�.;�1�� S.Z �4: � • N��•t�. ✓� rl, i.:�'t��~�rl'�r�' Ci. . �.�. . .:- �• .. n . .!c 11 �� ;%' .��. • • :+7 t r �:'y�i� �'��t- . .s . . � . -. ,.^. : �": Z:riX.'_.. . . . . : • ^ •• , . ..' . ' � � � " :. •.YS3►.��.sr_-Y�a � . . �.-:rv�c�-x... �_ . , �..,)• �'i., '.�,�'��._.i �'�..:•.i� yti3.` } MJ=.lt��iit_`.. . .i:•�.i. � � ' '-` ; ,; � • t!� � J.;.�•^._�- � ••:.- i- �_lr;�" : � .�y:i:?'�.: �-:'J'�:'- . . : , l�: :�t�' , `...r•.�.;� : �� : ,.4=�:...y.:: �-k- - - - - • . - :.'..-=-:�e�::�1t2.s�::ti�1 .r'tssa.:s':'_G:..+c;:..S11.::`L1.�.[� � ;- .. . 6 c.L � �: %��'� '/'-1 � �- T -� � \�` G� / , � J� / ) � � � .--- .��' �'� . � �. �..�'��'.� ?-�. �"�'/ r � �' �T �� - .�� G� % ��J �-'�� G�C f-�- . • C � .�� '=: � � �f ,�-�- � 31 � � QTY OF fRiDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 Date:10/04/99 �i� To: William Bums, City Manager � From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Appeals Commission action on Variance #99-24 M-99-238 INTRODUCTION The American Legion is seeking this variance, to reduce the side yard setback from 15' to 6', in order to construct an addition that would provide handicap accessible restrooms and doors to their facility. The American Legion has been in this location since 1976, and a portion of the southern edge of the existing building is located 6' from the side yard. The proposed expansion would be a 24' extension of the south wall. The proposed expansion would be used as additional gathering space and provide room for the Legion to install two handicap accessible toitet rooms as well as a required exit. APPEALS COMMISSION ACTION At the September 22, 1999 Appeals Commission meeting, a public hearing was held for VAR #99-24. A motion was made to approve the requested variance, with stipulations, as presented by staff. The motion carried unanimously. STAFF RECOMMENDATION Staff recommends that the City Council concur with the Appeals Commission and grant this variance request with the attached stipulations. 9. Petitioner shall obtain any required permits prior to beginning construction. 2. Parking lot to be restored to Code requirements for paving, curbing, and painting after addition is completed. 32 City of Fridley Land Use Application sentember 22,1999 _ v n D_AA_9d �+.+ GENERAL INFORMATION Applicant: John Litchy (Am• Legion #303) 7365 Central Avenue Fridley, MN 55432 Requested Action: Variance to decrease the required side yard setback from 15' to 6' to allow an ex ansion. Existing Zoning C-2 - General Business Location: 7365 Central Avenue Size: 47,916 sq. ft. 1.1 acres Existing Land Use: American Legion Hall Surrounding Land Use & Zoning: N: Commercial & Gl E: Single Family & R-1 S: Single Family & C-1 W: M-1 & R-4 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance ConfomlaYice: Sec. 205.14.03.C.(2) requires a minimum side yazd setback of 15'. Zoning Histoiy 1949 - Original building constructed 1962 - Lot platted 1967 - Major remodeling - 5 tenants 1975 - Frontier Club destroyed by fire 1976 - Rezoned from C-1 to C-2 1976 American Legion takes over bldg. L,egal Description of Property: Lot 1, Block 1, Walnut Addition Council Action: October 11, 1999 SPECIAL Il�'ORMATION Public Utilities: Building is connected. Transportation: Property is accessed via Old Central and Onanda a. Physical Characteristics: Lot is covered by pazking lot and landsca in . SUNIlVIARY OF PROJECT The American Legion is seeking this variance, to reduce the side yard setback from 15' to 6', in order to construct an addition that would provide handicap accessible restrooms and doors to their facility. SUMMARY OF HARDSHIP "This new facility will allow attendees at public and private functions in the hall to have handicap accessible toilet rooms located immediately adjacent to the hall. "(Full letler attached) 5�Ry OF A1�IALYSIS City Staff has no recommendation, as this request is within previously granted dimensions. VAR #95-09 7429 East River Road . Side yard setback reduced to 5'. VAR #98-18 8290 University Avenue _ . , ��_,., . Side 33 (Location of variance request) VAR #99-24 ANALYSIS The American Legion is seeking this variance, to reduce the side yard setback from 15' to 6', in order to construct an addition that would provide handicap accessible restrooms and doors to their facility. The American Legion has been in this location since 1976, and a portion of the southern edge of the existing building is located 6' from the side yard. The proposed expansion would be a 24' extension of the south wall. The proposed expansion would be used as additional gathering space and provide room for the Legion to install two handicap accessible toilet rooms as well as a required exit. Upon first review of this project, staff noted that some of the parking stalls were less than the code required 10' in width and that there did not appear to be an adequate number of parking stalls to meet code requirements. This was due to minor drafting errors. All of the parking stalls will be 10' in width. The number of parking stalls actually provided by the American Legion is 82, 3 more than the code requires the Legion to provide. These potential variances have been removed by the petitioner's architect. SITE HISTORY At one time this property housed 5 different businesses, including a bar, cafe, and a hardware store. In 1975, a portion of the building occupied by the Frontier Club burned. In 1976, after the building had been repaired, the property rezoned to C-2, and a liquor license issued, the American Legion took over the entire site. This building has been located 6' from the side yard line since it was built in 1949. RECOMMENDATIONS City Staff has no recommendation, as this request is within previously granted dimensions. Similar variances granted in the past include the following: VAR #95-09 7429 East River Road • Side yard setback reduced to 5'. VAR #98-18 8290 University Avenue • Side yard setback reduced to 0'.. Due to the location and screening of the proposed building expansion, the expansion will not have any detrimental impact on neighboring properties. In addition, the proposal witl not have any negative impacts to parking on the site. STIPULATIONS If the Appeals Commission were to grant this variance request, staff recommends that the following stipulations be attached. 9. Petitioner shall obtain any required permits prior to beginning construction. 2. Parking lot to be restored to Code requirements for paving, curbing, and painting after addition is completed. 34 4. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST VAR #99- 24 BY JOHN LITCHY (AMERICAN LEGION POST #3031: Per Section 205.14.03.d.(2) of the Fridley Zoning code, to reduce the side yard setback from 15 feet to six feet to allow the construction of a storage facility addition on Lot 1, Block 1, Walnut Addition, generally located at 7365 Central Avenue. MOTION by Dr. Vos, seconded by Ms. Mau, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPEN AT 8:16 P.M. Mr. Bolin stated that American Legion Post #303, located at 7365 Central Avenue, is seeking to reduce the side yard setback from 15 feet to 6 feet to construct an addition with handicapped accessible restrooms and handicapped accessible doors to the facility. City code does require the side yard setback of 15 feet. The property is zoned C-2. The property to the north zoned C-1. The property to the south is zoned C-1, but contains a single family home. The property to the west is zoned M-1. To the north of that is a mobile home park. At one time this property housed five different businesses. The original building was erected in 1949. It was built within six feet of the site property line. In 1967 or so, the five businesses were located on the site. In 1975, a portion of the building burned, and following some reconstruction and rezoning of the property to C-2, in 1976 the American Legion took over the building. Mr. Bolin stated the petitioner's hardship statement is as follows: "This new facility will allow attendees at public and private functions in the hall to have handicap accessible toilet rooms located immediately adjacent to the hall." Mr. Bolin stated City staff has no recommendation, as this request is within previously granted dimensions. Due to the location and screening of the proposed building expansion, there will be no detrimental impacts to neighboring properties, nor will it impact their parking. With the expansion the legion would be required to have 79 parking stalls, and they have 82-84 parking stalls on site. Similar variances were granted at 7429 East River Road and 8290 University Avenue. Ms. Mau asked if any neighbors objected to these variances. Mr. Bolin stated staff has not received any letters, phone calls, or comments. Mr. John Litchy, President of the American Legion, and Mr. Lyle Orton, President of the Housing Corporation for the Fridley American Legion Post, were present. Mr. Litchy stated that the Legion rents the hall out for private functions, but it is available for public gatherings. They felt they needed a handicap accessible toilet room because presently, people have to go through the bar to get to the toilet facilities. They have 35 APPEALS COMMISSION MEETING, SEPTEMBER 22, 1999 PAGE 2 applied for a permit, and this issue came up because they made an incorrect assumption that the existing setback was adequate. � Mr. Orton stated that the exit to the rear parking lot has finro steps and, with this addition, those steps would be eliminated with a ramp for the handicapped. 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 WAS CLOSED AT 8:27 P.M. Dr. Vos stated that it is a continuation of a building and has adequate screening. It is in the rear of the building and he feels it is a reasonable request. Mr. Kuechle concurred and applauded the American Legion for adding handicapped facilities and making them reasonably accessible. Ms. Mau stated that she concurs because no neighbors object, and it is for a very worthwhile addition. Mr. Jones stated that the building has adequate screening, and it will not have an adverse effect on the parking. He stated he would vote in favor of this. MOTION by Ms. Mau, seconded by Dr. Vos, to approve variance request, VAR #99-24, to reduce the side yard setback from 15 feet to 6 feet to allow the construction of a storage facility addition on Lot 1, Block 1, Walnut Addition, generally located at 7365 Central Avenue with the following stipulations: 1. The Petitioner shall obtain any required permits prior to beginning construction. 2. Parking lot to be restored to Code requirements for paving, curbing, and painting after addition is completed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated that this matter would go to the City Council on October 11, 1999. 36 � � -. �:� , _ . . ...._....._.. .... ..._ ................._._� r I �i; �! � ;;' -.�.. __�.. :i �\..� � �� ` i:?: � � „ �. �.^ � ��! � � ; � � c f� V � � �� i ,;" ` � ..�`S c.'�^. �!i �; t y y rn ` rn V ' 't:7. : ': i!'t� 1 Y v I i `- �� •-� r � �� I � f_ " G � V G W �.' e L .- . :e , �.. � � u il v m?� ` � i � _ ..__._ ........._....__._..... ��`�\1]A�Y11 . � ... : L - - , — : ;� i0� '+; � _ ; . a'S,`... I � . . ;� �� ^ � + a d : .�.:Il _ . :�' ` - ....�... i i� �.i Fj`.i ��i � � < � �:: �t : .: �. : � x -. 1 . .. rn. — � � � . � ::. ;; � x , � : �j ;� � _ ..... . . _ � ' �. . .. . �t�. ��.--.� _�-�r_,:-.. _ ---� � , : �...._r ,: , s� : . �-�.; .�.,�, / ;��-:-.::::,.�,�., , ,:.-:..� .,�.�... � ' .. � t ' :; � r —�--. _ _ � - � _ �.(,.:.::��ti_...__ aat • ; : ,; � -- • ~ �� i .._?;;i ; ,.. � L•,._.:-•�f; I A4 i / : , r . �� .:i �! --__. � _ —{._ - // � i � ' 'a.�:t ............_ �y, �1� t � f � . .. _.__ � '� . : <S<i ' y 7� r�"' / . I, ,! 'n�_ � �i' , �i/ x�pC :: ` ; � � , . .. �r � � �� i i � � /; . � . � j , :r�-_-._.__.._/�) . � � � � ' ��. : • � : I ,? : : ; � ; .�,:_,_... �..t=..�..��,-� , � , ! y�" � � ; '; �I i �`' I ��. � L.7 �r'� �% / �( �1 p ``� - •/ I � i . �' .i ��-��ti _ I � { � _.__...._ q / � + .1 � � �: , p �� -.� r ' ; �� t i ' 1 ¢ i� tl i I -� �, q�f a�t � � � � ! l�. � � � �; i � � ' ' --.�,� �-- � 1'° _ : � 1. % � ; � C\; . : �i � : � � c_',�s:1.:v: • y ' I ,, t L Rt � � � i � ' I � /` i � � � �I_ � � ! .: � ;��:.�, /' i � i ! ! ' ' / i ! " �j'� �! .''� i �` {t � (i �-i ' ` i i � e� i i i �;:� �� ! \ � ,4...�., t � I t ; i �� e4 i ' � i i 1��; �, ' 4 ' ' ' � i I.:J � � ; �; :' ! � ? � '_,j, �'a (�-! ;:�G?:'_ i _ j W �ii.-. ' ,F � � \�.;y\� � -.� � , L_ � ._.. : y . � �� _ ' � � (�f� ';� ._ ..L_.._.._. ___ _..�_� �...._._._�_._._._. .e. .......___----- � � � _. ry"' � Q_ Z I I � R � 'f �' ' ' �-- - ��-� ��,��► �..:_� ; ' i,�,;ur r' 1 � � � �� : � �- � ! �' � ! �-,( ; i' _ '� `� •i ( i � l� �� ( Ij ' _..._ ...g�.. _ -.. y_. :.^.:;�. i� � "^"q!.*n'?nM! .- a =� . Y I �! �;~ j � ; ;) i �` i y+}� � ; i( `,.} .` x f •,y � � � � : i� i ,� ��: ,� i�.�.i r v?.�' \, �l i �,w ::� : ; ` ::� 7�4 i, ` J i ... � � � �' � � v �:� � ` !;' i ;!s T y� � 1' I `�� :ii ;i: � ::� V: ` V .� „M .� :: : ... : : . � : , ._ i ,. . ^ i ....... _ � .. �� : � € ; �i�i: i �; ' , , . ,. �� . .( �........__ ... #.. , 1 : � � :`i _'_..__�i: � j � t � � `� �� 4 : 4:i i:-� � � �`�� I �� F ;� �' � !� � ► � � �,� : � � : � � t �.,., �` ' � t4� I � � -�' I f � .j �^� . t.. ' T � i � � i ' �� i: � � 2N7 � r � i i� � : ��. j � � � � I; i �.' � v � i � �; �'M� � � _ � ;: `1 . ; � ; .; �: ._ ��►� �► • j 4;r i f f\ J) S? _ S I 1 inl Cf�' F �i � � e{ ; ' ' � j fC` ° S.i ,�9� � i I i` r_= , i ': : 1 4:.� j ; ' � %� � t( � . i k y 3 � ( 'r� � ;1 � � i �' �,.,,_�._ �..... J.� �_, z c U Y� v � � N W � � z � a 0 37 2 Q m o � � M 1 < L � U � O �' 'J 11 � � J 1 C � �' ss ws ._ t y Now4 ..� . nn3r� : -` \� "�\\\\\\�\\\ \\\�\\\`' f � ��: � `. a t+ : , �-- ti.: • O .r.. C� 7, !: i � C.7 � �. L� ;' L kW' i,� � j i ? J Z 1. (j,,,� '�,�-..' � U 'K` �„ �-' •.�.E � t.�,. `� ' � , �.i1 '',.� , C.> �� . 'y L�. Ni ta.. h � � x� � io � V � N � W � H � � � �, J 3 - W O i`rl y .- '� � U L^. K � � Z 8H / AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 11, 1999 C]TY OF FRIDLEY Date:10/04/99 To: William Bums, City Manager ,�:�� ° From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Sign Plan for Fridley Commerce Center - 201 57�' Avenue M-99-239 INTRODUCTION Steve Linn, owner of the Fridley Commerce Center, is requesting that the City Council approve the attached sign plan. Mr. Linn is finishing constn.�ction of this new building located at 210 57"' Avenue. The p�oposed building will have 3 tenants, thus requiring a sign plan to ensure consistency in the signage for this building. SUMMARY Code Section 214.14, requires shopping centers and multiple tenant building to have a comprehensive sign plan approved by the City. The purpose of this requirement is to assure that centers have a well planned, aesthetically pleasing, and consistent appearance. The proposed sign plan does meet all the City's c�iteria and will ensure a consistent look to the signage on this new building. Letters will not exceed 24" in height, will have a gold trim cap, and the returns will be painted to match the building stucco. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the proposed comprehensive sign plan for the Fridley Commerce Center located at 201 57�' Avenue. : Sent by:The LINN Comvanies SeP-30-99 11=31 fro� 6517314628�612 571 1287 va9e 2i 3 ��t.��LEY C�MMERCE CENTER 201 57T� A.ve. N. E., �'r��ley,lt�N 55432 S�GNA,G� C�'�'��JA►. Gep.eraa 1) Tenant at Landlords option, may display an extetior sign. All such signs shall be subject to the requixe�nents and limitations as outlined hexeafter, T�e �umishi�ng attQ ir�sl.al�atiuti uf d si�[i a[��] lltc wsl iucurrccl �tiall bc 1�1C �•caput�ibility uf Qic Tenant. 2) Character, design and layout of signs sha]l be subjeci to the written approval of tlae landlord. 3) I'e�lant shall be allocated an area on the exterior farade of the Center to idcntify thcxx $usi�raoss conaistcn,t v�ith drativings o£building c�cvatirnno sh,o�wing tcnar�t signage. 4) No si� shal� be p�aced in �nal position without the written approval of the landlord in addition to a City of Fridley approved si� pennit. 5) Upon expuauon or early ternunation o�t�e Lease Tenn, Te�ant s�al] xemove tk�e Sign ar�d repai�r a�l damages to the bualdiz�g caused tk�ereby at his/her oum expense. SIGN CONSTRUCT�O�T SPECZ�'ZCA,TXONS Tc�.snt szgz�s sha�l consist of Neon channel letters mounted on raceway, �A,11 signs s�a.(1 be inslalled in c�tnpliance wii�� ctiwacipal and elect��caJ cud�s. ILLUMINATED LETTE�tS I��umir�ated tenant signs shall consist o#' iaadividually illwz�inated letttezs with 3/16" Acrylie fac�s, ( colar of face to be tenants choice ). and 1" gold edge �rizn.. I.eCter retums wxll be fabricated .040 tan sluminurn { to match stucco color on building), color specificalion� w be pruviciccl by laualu�a, witf� 5.5" �ctw�� ac�tli. Lcttc��s wi�l Uc inteznally illurninated witb, neon contained fully within the depth of tlae �ettez�. I�tdi�iduAl lcttcrs azid electnical compo�ents shall be mounted to race�vay; racewa� vvil� bE fini$hed ( to mauh building stucco coloz ), coloz spec��icataan to be provided by landlord. Only t�c raceway shall be m�ounted to the building £aqade, Zl�uminated leit�r� shall not exceed 24" in hei�ht and shall bc mounted in center of s�ace £ro�n top edge o�wir�dow overhai�g 39 Sent by:The LINN Corovanies Sev-30-99 11:32 froM 6517314628�612 571 1287 Pa9e Si S to bottam edge of building trim, ( see attached drawings ). Tenant sign shall be placed no closer than 24" from either side of leaso line or in area designated by Landlord. 1ENANTS ALLO'VV'A�iE SYG1V SPACE Each te�aan.t x�nust not exceed the maximum cquare f�c►ra,ge of ruilding signage allowed by the city of Fridley, but in any event must aot exceed fifieen times the square mot of the linear length of the ienaz�t's frontage. PROHIB�?ED S�CCNS 1) �e �ollowin� types of signs or sign components shsll be prohibited. A) Paper or cardboazd signs, stickers oz deca�s used as signs, letters, symbols or identification painted directly on any surface of t�e pxemises. B) Si�s of tempoxary character or �uipose. Auxiliary signage used foz ,rand openings or special even,ts is subject to La�dlozd and municipal approval. C) Moving, flashing or flickering lights. D) Flood li�ated signs. S�GN APPROVAL PROCEDU�tE Tenant shall submit to Landlord drawing and specificarions. The drawi.n.;s shall cleazly show location of sign an the fa�ade, constniction and attachme��.t detail. Landlord will approve oz disapprave urithin 5 wozkixzg days of receiving drawings snd specifications. Subject to city appro�al. , �� T � 0 � N �'_" W = � � :� � rn Z L Q � N � �, c T� s � 3 °2f c' � a� M � o �o �U M y N N � � � �. W � � �� s N ��a a� . c'3��0� o tp � J p C U �� W v N ,�0 � - �" >` c � � �'� 3 s-�'� oW v U � c�0 U' � � � f- w N Y a a -' ¢ U m J Q W►-t�0 � � � Nj� Z ¢ N ��W � Q m� � 0 Z N� 2 N � Z`'tn O J F� N[C a JX� Q � Q_� � a z a� a ¢ Xi„� � � �a Z� � O � 4 e N ' � ■� ■ � � ■ � ■ �■ � �' ■ � . ■ ■ , V � � � � ■ j � y• ■ � � � ■ I ■ ■ 0 . . . � � -1 - , _ . - - � 1 - - , � � , _ -' - - 1 � _ �i � - � _ - i - '� � !-- 0 � = �� .� � � 0 � V � 0 N �� ■ �■ • � �■ ■ ' �i , , � , ' � O � � W' � � W ti � O :� �----- 13'-0" � 20�� i ect ro n i c � 22.75 sq. ft. 2�" � � 9'-0" �� 15.75 .ft. v� Channel neon letters on raceway paint 482c bidg color 20"letters high / White faces with RED 230-33 & GOLD NUGGE'f 230-141 adhered to faces 3lt6" acriyic Gold 1" edgetrim PMS 482c returns ( match BLDG COLOR) raceway cofor PMS 482 C( match BLDG COLOR) t" GOLD EDGETRIM .063 ALUM. BACKS WHITE 3/18" ACRYLIC FACE VINLY OVERLAY White 15mm NEONTUBING 1/4" ALUM PLATE MOUNTING STRAPS 3/8" lAG & SHIELD 6� RACEWAY .050 ALUM. PAINT OFF WHITE PMS 482C PYREX HOUSINGS GLASS TUBE SUPPORTS TRANSFORMER PRIMARY 120V .040 ALUM. RETURNS WITH 2- 3/16" ORAIN HOI.ES PAINT 482c TO MATCH bidg color f— 5.5" 6' -- -------- ----.-�----- - _._, , . ,_, �� , �,� �„�,, �; ,�i � � ..' � . � � - - i �� '. �.- .'' � ,i. , � . ., - � . �� , _ . � �� - - � � , . - � � � � ' „ ; , . _ � ` . - � „ - i , � � � � �� , � � � _ _ _ � i � - � . ` �.�� - .' � - � - . . , � �.•� -� �• . . , , _ r . - _ � , � . � ` � _ � � � � � ' , � , ' _ � � _ �- �; � ;� i� � , i � � . . ' " ,r24 _ ' . � , � - .' ' - - � - . . ; �. - �. � � . . . � � , �- - � , - , , • � �� • , �� $, � ,I �� . � � � � .�` ' �; ` • - .' ' - , r�- � � � �� - 1� ' � - - - � r �i � . ` � � � � � ' � � � � � � � � � . . , _ � \ . � � � i i � � � i ` �' , 1 � �� . ' i . - � � ^�� `�`` . � ' -� �� - . - . �. � • � ,"� -,' i� ,- - . . , - '' , - - � , ' � . , . S c a I e - C 1 f e n t D e s i g n - ` � � a�� - L o c a t i o n � •� N u m U e r - ' 1 iaevlacd - �� m U I ^ i v < o��W �� Z O � 1�- W a rn � < � �� W � � W � �v Z � 3i ��a W � O J J m O � U W � � 4 d y � Q.' . 0... .. — 0 ;:0. ❑ - • y 1 �'y r ' . ' ' .. .t " : .. .. _ �?� . ,. ' i ^. � -a:� , 1: . ' V �''.' ` I' _' V''; � .. . . . . � � V - N' J.,: . ��_ . J . `. �. •'�. . ��. � . , .. �. .� . k. � .. :t. . . y� . F-(1-�}- � �:.�if�. . f�. M'� �� I � .� . . �� . � , .:.`.(I: .w.:. .. : � .I ' . : � :.: � ' � '-O .`� .• '. ' � . O O • , . _ :� . . . _ r-� r 0 �II O'� ! =� 1 � W .�. v � � o F� v � � �j } �, �O O m Z :- m Z U 8U o�^ 3 V W W W UQ � �i V a �` N�� c� r� ----, � i i I I I � � � --- lJ o � � , � � W� ,�r li J O � � � 43 t O 1 � p e � \ ... � � U U K � a �n a � � � � 3 � ' V � p � � ::a: ,. � � ��: �a.;:- �.: � ;�, r,. ; :. �,;: _.. ' cc � - � s �« .r `t. i , , ,� I� m ¢ 44 r� '� i --t--r— ii it i� ii ii i ii i� ii ii ii i i� ii i ii ii i ii ii ii i ii ii i ii ii ii ii i i ,�..,, i� ii ii 11 s ao \ .— .— � - � .. � N � � _�'�' � � � � / � . � > u � 45 � �� g� � �4 =�:�� .� _- a�a� �J�d � � � _ x : � � � � L :d «d i �� q . � \ .__� . ---; : _� �� „ _� � � x 3' q . O \ � �- n �- _ I � �- t; � Y . O \ � � GT'Y OF FRIDLEY TD: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 WILLIAM W. B URNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT.• RECIEVE BIDSAND AWARD CONTRACT FOR THE PURCHASE OF CONVEYOR SHEL VING, COOLER DOORS AND REFRIGERATION SYSTEM FOR THE NEW COOLER AT THE NEW LIQUOR STORE LOCATION. DATE: January 7,1999 Shown below you will find the results of the bidding process that occurred in the recent past. Staff has been working for some time with the three companies that are the major players in the market of large coolers. This bid included all the necessary equipment to make the cooler box that is currently installed in the new store a fully functional sales cooler. We sent out three bids, and received two bids. The bids are very close since the same equipment is used by each of the companies that supply these types of coolers and refrigeration systems. Staff is recommending that Council award the Conveyor Shelving, Cooler poors and Refrigeration and Mechanical System to AA Equipment Company in the amount of $66,613.74. AA Equipment Carison Refrigeration St. Cloud Refrigeration �� $66,613.74 $67,028.50 .:. � AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 G7'Y OF PRIDLEY 1 TO: WII.,LIAM W. BURNS, CITY MANAGER ,��V FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: MODIFICATIONS TO THE 1999 BUDGET DATE: SEPTEMBER 16, 1999 Attached you will find a resolution amending appropriations to the 1999 budget in accordance with the City Charter. The adjustments listed have arisen as a result of donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through the Budget Reappropriations form. We request that the Council approve the amendment of the attached budgets. RDP/ce Attachment . • Resolution # - 1999 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR 2ND 8� 3RD QUARTERS, 1999 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for1999. NOW, THEREFORE, BE IT RESOLVED that the General Fund and Capitai Improvement Fund budgets for the following divisions be amended as foliows: GENERAL FUND REVENUE ADJUSTMENTS Police-Reimbursement Pol ice-Rei mbursement Police-Grant Police-Reimbursement Police-Grant Police-Reimbursement Fire-Reimbursement Recreation-Grant Recreation-Donation APPROPRIATION ADJUSTMENTS Pof ice-Su ppl ies/Charges Police-Personal Services Police-Personal Services Police-Personal Services Police-Personal Services Police-Personal Services Fire-Personal Services Fire-Personal Services Rereation-Personal Services Recreation-Su ppl ies/Charges Streets-Su pplies/Charges Reserve-Other Financing Park Main't-Personal Senrices Park Main't-Supplies/Charges 11,522 Post Board Training 4,826 Detox Transpo�tation 3,775 Gang Task Force 1,200 Detox Transportation 697 Juvenile Assistance 601 Auto Theft Task Force 4,900 BN-Fire in Coon Rapids & Anoka 2,886 Springbrook Nature - Star Grant 1,225 American Legion-49er's Days 31•632 11,522 Post Board Training 4,826 Detox Transportation 3,775 Gang Task Force 1,200 Detox Transportation 697 Juvenile Assistance 601 Auto Theft Task Force 1,825 BN-Fire in Coon Rapids & Anoka 3,075 BN-Fire in Coon Rapids & Anoka 2,886 Springbrook Nature Education 1,225 49er's Day Celebration -25,000 University Ave Corridor Mowing -13,000 University Ave Corridor Mowing 20,000 University Ave Corridor Mowing 18,000 University Ave Corridor Mowing 31.632 . • PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH, DAY OF OCTOBER, 1999. NANCY J. JORGENSON - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK File=WWcctg\BudgehReappropriation /99 283rd Q Reappropriations.XLS 9/15/99 50 r a CfTY OF FRIDLEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 WII.LIAM W. BURNS, CITY MANAGER �� RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: AUTHORIZING THE REALLOCATION OF THE PRINCIPAL AMOUNT OF THE $200,000 SUBORDINATED SENIOR HOUSING REVENUE NOTE, SERIES 1999 DATE: October 7, 1999 We have been requested to place this item before Council for their consideration by the Bond Counsel of Briggs and Morgan. The City issued the $200,000 Subordinated Senior Housing Revenue Note, Series 1999 to Senior Housing Construction, Inc. (the Corporate Purchaser) in the principal amount of $200,000 on August 31, 1999. The Corporate Purchaser and Mazk D. Eklo and Ronald A. King (the President and Secretary, respectively, of the Corporate Purchaser) would prefer to cancel that Note and issue a new Note to be held $100,000 each by Mark D. Eklo and Ronald A. King individually (the Corporate Purchaser would no longer hold any of the debt). The debtor (Minnesota Christian Homes of Fridley, Inc.), principal amount ($200,000 total) and all other terms of the Note remain the same. This resolution authorizes canceling the old Note and issuing a new Note to Mark D. Eklo and Ronald A. King. Staff has reviewed the attached resolution with the Bond Counsel and recommends approval. RDP/me Attachment 51 / AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 11, 1999 CfIY OF FRIOLEY TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: AUTHORIZING THE REALLOCATION OF THE PRINCIPAL AMOUNT OF THE $200,000 SUBORDINATED SENIOR HOUSING REVENUE NOTE, SERIES 1999 DATE: October 7, 1999 We have been requested to place this item before Council for their consideration by the Bond Counsel of Briggs and Morgan. The City issued the $200,000 Subordinated Senior Housing Revenue Note, Series 1999 to Senior Housing Construction, Inc. (the Corporate Purchaser) in the principal amount of $200,000 on August 31, 1999. The Corporate Purchaser and Mark D. Eklo and Ronald A. Ki.ng (the President and Secretary, respectively, of the Corporate Purchaser) would prefer to cancel that Note and issue a new Note to be held $100,000 each by Mark D. Eklo and Ronald A. King individually (the Corporate Purchaser would no longer hold any of the debt). The debtor (Minnesota Christian Homes of Fridley, Inc.), principal amount ($200,000 total) and all other terms of the Note remain the same. This resolution authorizes canceling the old Note and issuing a new Note to Mark D. Eklo and Ronald A. King. Staff has reviewed the attached resolution with the Bond Counsel and recommends approval. RDP/me Attachment 51 RESOLUTION NO. -1999 A RESOLUTION AUTHORIZING THE REALLOCATION OF THE PRINCIPAL AMOUNT OF THE $200,000 SUBORDINATED SENIOR HOUSING REVENUE NOTE, SERIES 1999 (BANFILL CROSSING HOMES PROJEC'1� BETWEEN TWO INDIVIDUAL PURCAASERS WHEREAS on July 12, 1999 the City Council of the City of Fridley, Minnesota (the "City") adopted Resolution No. 47-1999 Approving the Issuance and Sale of the $200,000 Subordinated Senior Housing Revenue Note, Series 1999 and Authoriaing the Execution of Documents Relating Thereto (Banfill Crossing Homes Project) (the APrior Resolurion@); WHEREAS the Prior Resolution approved the issuance of the $200,000 Subordinated Senior Housing Revenue Note, Series 1999 (the APrior Note@) in the form of a single note to be issued to Senior Housing Construction, Inc. (the ACorporate Purchaser@) in the principal amount of $200,000; WHEREAS the Prior Note was issued on August 31, 1999; WHEREAS Mark D. Eklo and Ronald A. King (collecrively, the AIndividual Purchasers@) are the President and Secretary, respectively, of the Corporate Purchaser; WHEREAS the Corporate Purchaser and the Individual Purchasers have requested that the principal of the Prior Note be reallocated and a Note in the amount of $100,000 be delivered to Mark D. Eklo and a Note in the amount of $100,000 be delivered to Ronald A. King; and VVHEREAS, it has heretofore been determined and declared that it is necessary and expedient for the City Council to deliver new Notes to the Individual Purchasers; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City as follows: The Prior Note has been delivered to the City for canceliation. 2. The Note in the aggregate principal amount of $200,000 delivered pursuant to this Resolution shall be in substantially the form attached as Exhibit A to the Prior Resolution with such appropriate variations, omissions and insertions as are permitted or required by this Resolution and the Prior Resolution, and in accordance with the further provisions of the Prior Resolution. A Note in the amount of $100,000 shall be delivered to Mark D. Eklo. A Note in the amount of $100,000 shall be delivered to Ronald A. King. 3. All references to Senior Housing Construction, Inc. or the APurchaser@ in the Prior Resolution, the Loan Agreement (as described in the Prior Resolution), the Pledge Agreement (as described in the Prior Resolution) and any certificates of the City executed in connection with the issuance of the Prior Note shall be construed to refer to the Individual Purchasers as defined in this Resolution. 4. The Note shall be executed on behalf of the City by the sign atures of its Mayor and City Manager and shall be sealed with the seal of the City; provided that the seal may be intentionally omitted as provided by law. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the City Manager such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11 � OF OCTOBER, 1999 ATTEST: DEBRA A. SKOGEN — CITY CLERK NANCY J. JORGENSON — MAYOR 52 � � CITY OF FRIDLEY TO: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 WILLIAM W. B URNS, CITY MANAGER ��I � RICHARD D. PRIBYL, FINANCE DIRECTOR RESOL UTION RELATING TO THE CITY OF FRIDLEY'S TAX RATE A UTHORIZATION FOR THE YEAR 2000 DATE: October 7,1999 In the MN Laws 1999 Chapter 243, a change was made to the formula for certifying the property tax levy to the County. The new law defines a process for a taxing jurisdiction to levy taxes. The law created a new term called "levy certification tax rate ". This is a theoretical ta�c rate that cannot be exceeded unless a city adopts a resolution indicating that there is an intent to increase the tax rate above this theoretical rate. This rate in all cases must be estimated but will never be calculated exactly until the County does their final tax calculations related to the truth in taxation statements. If the City exceeds the tax rate as calculated in the formula below with passing a resolution, the County must then role the rate back to the theoretical rate. The City is required to start with the `1999 Certified Net Tax Capacity Levy' and from that subtract the `Payab[e 2000 Areawide Portion of the Levy' and also the `Payable 2000 HACA Fiscal Disparity Adjustment'. The number arrived at is called the `Net Levy'. This number is then divided by the Payable 2000 Taxable Net Tax Capacity to arrive at a percentage called Levy `Certification Tax Rate'. This theoretical levy certification tax rate cannot be exceeded unless the City passes a resolution indicating its intent to surpass the percent in the last calculation. The reason behind the change was to stop some cities from communicating that they are not increasing t�es when in fact they are increasing the levy. This statement has been made by� some communities that are attempting to use the statement by keeping the tax capacity rate the same, but levying more in t�es and making use of the increase in t�able value. By using this scheme, statements have been made that taxes have not increased because the tax capacity rate has stayed the same when in fact their levy has increased. This new law is an attempt to put an end that that type of statement. I have contacted Anoka County and found out that they have contacted nine cities so far and all nine have or will be presenting resolutions to their City Councils. We are concerned about how changes in taxable value can have an impact on the amount we are allowed to levy. Because of this we are recommending that Council pass the attached resolution allowing the city to maintain the required tax levy that has already been forwarded to the Counry. 53 RESOLUTION NO. -1999 A RESOLUTION RELATING TO THE CITY OF FRIDLEY'S TAX RATE AUTHORIZATION FOR THE 4'EAR 2000 WHEREAS, the State of Minnesota has enacted Chapter 243, Laws of Minnesota 1999, Article 6, Section 2 requiring a city council to have adopted and filed an authorizing resolution if its city's tax rate turns out to be higher the following year than a theoretical tax rate for the previous year under the law; and WHEREAS, the City of Fridley prides itself on beginning its budget process as early as possible in the calendar year in order to maximize input by all concerned parties and a11ow full review of all expenditure items; and WHEREAS, there are numerous factors that are beyond the control of city councils and that can potentially cause tax rates to rise, including but not limited to: A. Class rate changes by the state on various types of property, B. The economy and its effect on the tax base, including real estate and new construction growth or lack thereof, C. Tax Increment Financing (TIF) districts created by cities, D. Limitations on what percentage the market value of property can rise each year as set by the state, and E. Unfunded mandates upon local governments and reductions of federal and state aid; and WHEREAS, because of these outside factors beyond control, a city may need to have a higher tax rate for the following year, and if the tax rate has to go up, the City of Fridley wishes to • be in compliance with the law with an authorizing resolution adopted and filed; and WHEREAS, regardless of external factors influencing the tax rate through the years, the City of Fridley has a strong tradition and a record of success in holding down property taxes on the citizens of the city; and WHEREAS, the City of Fridley's property tax levy has been set each year well within the levy limitations imposed by the State of Minnesota; and WHEREAS, even during those years when the state has not enacted levy limitations, the City of Fridley has had its own self-imposed levy limitations to protect the interests of the city's property taxpayers. NOW, THEREFORE, BE IT RESOLVED that if the tax rate of the City of Fridley for the year 2000 is higher than the tax rate certified by the county auditor under clause (3) of Section 2, Article 6, Chapter 243, Laws of Minnesota 1999, the higher tax rate is hereby authorized by the Fridley City Council. " 54 Resolution No. - 1999 Page 2 BE IT FURTHER RESOLVED, that regardless of outside factors impacting tax rates, the Fridley City Council remains firmly committed to the delivery of mandated and other important services at a cost well within established levy limits in order to hold down property taxes of the citizens of the City of Fridley. BE IT FINALLY RESOLVED that an official copy of this adopted resolution be filed with the county auditor who for purposes of this law in Anoka County is the Division Manager of Property Records and Taxation. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 55 NANCY J. JORGENSON - MAYOR � � ClTY OF FRIDLEY TO: FROM: DATE: SUBJECT: MEMORANDIlM The Honorable Mayor and City Council William W. Burns, City Manager ,�1' y�� October 5, 1999 2000 City Calendar William W. Burns City Manager Attached is resolution and a proposed 2000 calendar which indicates City Council meetings and holidays. Whenever possible, we tried to schedule Council meetings on the second and fourth Mondays of each month. Conference meetings were scheduled during the months of January, February, April, May, August, October and November. Budget work sessions were tentatively set for June 19 and 20. Staff recommends that Council approve the attached resolution and the 2000 calendar of City Council meetings and holidays. Thank you for your consideration of this matter. WWB:rsc Attachments 56 RESOLUTION NO. - lggg RESOLUTION DESIGNATING TIME AND NUMgER OF COUNCIL MEETINGS FOR 2000 WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the City Council meet at a fixed time not less than once each month; and WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council shall meet at such times as may be prescribed by resolution; and WHEREAS, it is the intent of the Council to comply with the open meeting provisions contained in Minnesota Statutes 471.705 as interpreted by the courts; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that: 1. The Council will hold regular meetings in the Council Chambers of the Fridley Municipal Center, commencing at 7:30 p.m. on the following Mondays in 2000: January 3, January 24, February 7, February 14, March 6, March 20, April 10, April 24, May 8, May 22, June 5, June 26, July 10, July 24, August 14, August 28, September 11, September 25, October 9, October 23, November 6, November 20, December 11 and December 18. 2- The Council will hold conference meetings at the Fridley Municipal Center, at which time matters are discussed but no formal action is taken, commencing at 7:00 p.m. on the following Mondays in 2000: January 31, February 28, April 17, May 15, August 21, October 16, and November 13. 3• On the dates of regular Council meetings, conference meetings will be lzeld in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF OCTOBER, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 57 NANCY J. JORGENSON - MAYOR ,� � � � � � � � �i�■■� O � � • � � 0000■� 0000�� 00080� 0�0�� 00000� 000�0� 00800� 00888� 00000� . 00088� = �0888� = �0008� � 00008� �0888� � �0008� � �0000� �0008� �OB�B� ' �0000� = �0008� ■oBdB� �oB�e� ��e0o� �oee�� 0008� �0000� �0008� �00080 0808�■ 0880■� 0800�■ 000�� 0000�� 0000�� 0000�� 0�0�� . 0000�� 0088�� 00880� : 0�0�� . 0000�� 00080� - 00080� : 00888� � 00080� 00080� � 00880� �0088� `Oe�e� poe�� DeB�� SoadB� �0008� �0000� �0080� ��800� 00080� 00880� 00088� 0088�� 0088� �00�0� �0800� 0888�� 0000� �0088� �0080� : 0000�� 0008� � �00a8� �0008� • 0000�� 0008� �0000� �0000� • 00080� �o0��e �DeeeO ��e0e0 poeo0� �00080 �00000 �00000 o00B0� C� C N N A�� v._.. ..... � �U �U �° °'ry U U o'o �'� ��: UU �M�'ON � A ti � � � .5 •.� � •.. ��° ti ..�� ..^, � o� o [ U�U�, ��o U�UU e� 7 ►�'J M � N M .� �.� � •� � _�_ .0 v .G � � � o �; o UwU N U U U 0 � � .� o0 Q� '-+ N N .5 .� °n 5 � a �� A� y � 0 0 o�i � U U :� ,F; � �' � o �UU4U L � t� et •-• 00 G4 •--� N N 00 oU .� .� �� A o 0 �UU �NUU d +. f��+N 5 .5 �� •O •O UU �� UU u ti. iG � N .5 �.� � � �•� � � G � Q � � � o w o Uw�J �.'' o � �UUU 0 0 � � N .� °A 5 � �' � � �� .0 U .� L". U a��U � o °o .�' UUC�U L d � � N N 58� .5 °p.5 .. � Y � � � � �� r .� A U . ? or�o•h°� �U � �U �;� �U;UU�►� d > z�oMOM� .-+ �--� N N N .5 °p.5 ��'�� "� �A O � O t U�,U o � UUU� r�� 'N"' N N � 5 F. F. .� � .O O � UU,� �UUU d• v � .-. oo v'� Q•--� •--� N �,00� :r y •�, '.r � � � � a��a�� N� �U O O �U . 033 0 U � �V .+�'�' � � � U OE� PQ U 0 a� ti � � N N C O .y � � � 0 3 � � , � , a � � w � � d u � � w � U � ❑ en a � d � C 0 U � U O i� ee 0 x x � � ClTY OF FRIDLEY TO: FROM: DATE: SUBJECT: MEMORANDUM The Honorable Mayor and City Council William W. Burns, City Manager ��/ October 6, 1999 William W. Burns City Manager Amendment No. 1 to Northstar Corridor Joint Powers Agreement Councilmember Steve Billings submitted the attached letter and Amendment No. 1 to the Northstar Corridor Joint Powers Agreement. We recommend adopting this proposed amendment to the Joint Powers Agreement for the Northstar Corridor. This will allow the NCDA to move the commuter rail into the next stages of development. It also provides for additional membership by additional governmental entities. WWB:rsc Attachments 59 � � , � •: ' . . ' ' .- September 29, 1999 Steve Billings City of Fridley 5215 Lincoln Street NE Fridley, MN 55421 Subject: Amendment No. 1 to the Joint Powers Agreement Establishing the Northstar Corridor Development Authority Dear Steve: At its September 2, 1999 meeting, the NCDA approved the enclosed Amendment No to the Joint Powers Agreement. It is important to note that the Amendment expands the purpose of the NCDA. The original Agreement was drafted to give the NCDA the authority to examine the feasibility and environmental impacts of commuter rail and other transportation improvements. The amended Agreement allows the NCDA to move the project into the next phases of development through construction. Additionally, the Amendment provides that Morrison County and its cities and towns on the Corridor are eligible members. The NCDA also considered the request from the Ramsey County Regional Railroad Authority (RCRRA) for membership and referred the request to the Executive Committee for a decision as to whether to include the RCRRA as an eligible member. Page 2 of the Amendment refers to Article II. Joint Powers Board Members and Term. The Ramsey County Regional Railroad Authority is included as a government unit eligible for a"Coordinating Membership." "The purpose of the Coordinating Memberships is to facilitate coordination with other rail/transportation corridors that may be affected by decisions made by the Authority." Coordinating members are non-voting members and the Authority must approve their membership. Northstar Corridor Development Authoriry 2100 3`� Avenue, Anoka, Minnesota 55303-?,�f� (612) 323-5700 Fax: (612) 323-5682 vv Amendment No. 1 September 29, 1999 page two Please submit the attached Amendment No. 1 to the Joint Powers Agreement as soon as possible to your respective governing bodies for approval and execution by the authorized officials. We would like to receive full approval from all members no later than December 2,1999. Please note that it is necessary for each and every member to execute the Amendment in order for the changes to become effective. If you have any questions, please call Mary Richardson at 651-222-7227. Sincerely, �� Betsy Wergin Chair 61 AMENDMENT NO. 1 TO JOINT POWERS AGREEMENT ESTABLISHING THE � NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY THIS AMENDMENT NO. 1 is made by and between the undersigned Counties, Regional Railroad Authorities, Cities, and Townships, all being governmental units of the State of Minnesota, (hereinafter the "Members") pursuant to Minn. Stat. §§ 471.59 and 398A.04, subd. 9, and shall be effective upon execution by each of the Members. WHEREAS, the Members have entered into a joint powers agreement (hereinafter the "Agreement") for the purpose of establishing the Northstar Corridor Development Authority (hereinafter the "Authority") to analyze the feasibility and environmental impacts of integrated transportation improvements along the Highway 10 corridor; and � WHEREAS, the Authority has determined that commuter rail in the Northstar Corridor is technically feasible; and WHEREAS, in 1999, the Minnesota Legislature authorized the Minnesota Department of Transportation to develop, construct, and operate commuter rail in Minnesota and to delegate its authority to joint powers boards established for this purpose; and WHEREAS, the Members desire to amend the Agreement to authorize the Authority to develop and construct commuter rail and associated improvements in or related to the Northstar Corridor and to enter into all agreements necessary or desirable to accomplish the purposes of this Agreement as set forth below. NOW, THEREFORE, in consideration of the mutual promises and benefits that each Member shall derive herefrom, and other good and valuable consideration, receipt of which is hereby acknowledged, the Members agree to amend the Agreement as follows: • 1. Article I of the Agreement is amended by adding a new paragraph following the existing language that reads as follows: Additionally, the purpose of the parties is work together to meet the future transportation needs of the Northstar Corridor with the following four goals: (1) Improve mobility and safety; (2) Minimize adverse environmental impacts and foster positive environmental effects; 62 (3) Encourage transportation-supportive land use and development patterns; and (4) Provide a cost-effective and efficient transportation system. In the furtherance of this purpose, the parties authorize tlie Authority to accept the delegation from the State of the responsibility and authority to develop commuter rail in the Northstar Corridor, including but not limited to preparing an advanced corridor plan, financial and operating plans, negotiating with the railroads, preliminary engineering, final design, and construction. � 2. � Article II of the Agreement is amended to read as follows: ARTICLE II. JOINT POWERS BOARD MEMBERS AND TERM The government units that are eligible to participate in this joint powers agreement include: Anoka County Regional Railroad Authority Hennepin County Regional Railroad Authority Morrison County Regional Railroad Authority St. Cloud/Stearns County Regional Railroad Authority Sherburne County Regional Railroad Authority County of Anoka County of Benton County of Hennepin County of Morrison County of Sherburne County of Stearns City of Anoka City of Becker City of Big Lake City of Blaine City of Clear Lake City of Columbia Heights City of Coon Rapids City of Elk River City of Fridley City of Little Falls City of Minneapolis City of Ramsey City of Rice City of Royalton City of St. Cloud City of Sartell City of Sauk Rapids City of Spring Lake Park Becker Township Bellevue.Township Big Lake Township Clear Lake Township Haven Township Little Falls Township Watab Township Langola Township Sauk Rapids Township Additional governmental units may be eligible to participate if approved by the Authority. The terms and conditions of this Agreement shall be effective as to an eligible participant when the Agreement has been executed by the duly authorized representatives of that party. This Agreement shall commence when it has been duly executed by Anoka County and Sherburne County or their respective railroad authorities and shall continue until terminated as provided herein. 63 Government units that are located within rail/transportation corridors other than the Northstar Corridor are eligible to participate as non-voting, coordinating members (hereinafter referred to as "Coordinating Members" or "Coordinating Memberships"). The purpose of the Coordinating Memberships is to facilitate coordination with other rail/transportation corridors that may be affected by decisions made by the Authority. The government units that are eligible for a Coordinating Membership include, but are not limited to, the Ramsey County Regional Railroad Authority, the Red Rock Corridor Commission, and Isanti County. Coordinating Members may be eligible to participate if approved by the Authority. � 3. Article IV of the Agreement is amended by adding new paragraphs G. and H. as follows: G. The Authority shall seek, receive, and manage federal, state, and local funding, in conjunction with Mn/DOT and the Metropolitan Council. H. The Authority shall perform the responsibilities delegated by the Commissioner of Transportation for development and construction of commuter rail, pursuant to an agreement with the State of Minnesota and subject to the condition that sufficient funds are received. 4. Article V, Section 2, Paragraphs B, F, and G of the Agreement are amended to read as follows: B. The Authority may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties, including agreements entered into pursuant to Minn. Stat, §§ 471.59, 398.04, subd. 9, and 174.82, and enforce such contracts to the extent available in equity or at law. The Authority may approve any contract relating to this Agreement up to the amount approved in the annual budget, and may authorize the Chair of the Authority to execute those contracts. No payment on any invoice for services perFormed by a consultant or any other person or organizatiQn providing services in connection with this Agreement shall be authorized unless approved by the Executive Committee. F. The Authority may apply for and accept gifts, grants or loans of money, other property or assistance from the United States Government, the State of Minnesota, local government units, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, other property to the parties and assistance in accordance with the terms of this gift, grant or loan relating thereto. .� G. The Authority may acquire, hold, and dispose of such real and personal property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement, make distribution of such property as is provided for in this Agreement, agreements relating to the financing of the Northstar Corridor, or agreements with the State of Minnesota. 5. Article V, Section 2, of the Agreement is amended by adding new paragraph I. as follows: • I. The Authority may sue and be sued in its own name. 6. Article VI, Section 3, of the Agreement is replaced by the following: Section 3: Committees. A. Executive Committee. The Authority shall establish an Executive Committee of the Authority consisting of five members and alternates, including one representative from a city, a town, a county and a regional railroad authority, as well as the Chair of the Authority. In establishing the Executive Committee, the Authority shall consider geographic balance in the representation on the Committee. The Executive Committee shall be responsible for approving invoices within approved contract amounts, addressing personnel issues, fulfilling the day-to-day management responsibilities of the Corridor Coordinating Committee described in Minn. Stat. § 174.86, subd. 5, and performing such other duties as set forth in the Authority's bylaws. B. Capital Budget Committee. The Authority shall establish a Capital Budget Committee of the Authorifij consisting of one member and alternate from each of the following: the Anoka County Regional Railroad Authority, the Hennepin County Regional Railroad Authority, Sherburne County Regional Railroad Authority, and Benton County. The Authority may add one or more additional members to the Capital Budget Committee if that member has made a significant contribution to the capital funding of the Northstar Corridor. The Capital Budget Committee shall be responsible for making recommendations to the Authority concerning any decision regarding the capital costs or capital budget for the Northstar Corridor and performing such other duties as set forth in the Authority's bylaws. Any decision that would increase the capital contribution of any member must be approved by a unanimous decision of the Capital Budget Committee and must be approved by the member's board of commissioners or council. 65 7. Article VII of the Agreement shall be amended by adding a new Section 5 as follows: Section 5: Capital Financin . it is understood by the parties that the capital costs of the Northstar Corridor project are to be funded primarily by grant monies from the United States Government, the State of Minnesota or any other association or agency. In addition, it is contemplated that certain member counties and regional railroad authorities will contribute funding for capital costs pursuant to agreements independent of this Agreement.. 8. Article VII of the Agreement shall be amended by adding a new Section 6 as follows: Section 6: Operations and Operations Financin . Nothing in this Agreement shall create an obligation or authorize the Authority to operate or finance the operations of commuter rail in the Northstar Corridor. 9. This Amendment No. 1 may be executed in finro or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 10. The terms and conditions set forth in the Agreement shall continue in full force and effect, except as modified herein, and shall apply to this Amendment No. 1 as if fully set forth herein. IN WITNESS WHEREOF, the parties to this Amendment No. 1 to the Joint Powers Agreement Establishing the Northstar Corridor Development Authority have hereunto set their hands on the date written below: ATTEST: : Title: Dated: Approved as to form and Execution : Title: Dated: .. CITY OF FRIDLEY BY: Title: Dated: � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 11, 1999 CRY OF FRIDLEY CLAIMS 89425 - 8983 � �:� / ` anr aF FRIDLEY LICENSES CITY COUNCIL MEETING OF OCTOBER 11, 1999 Type of License BOWLING ALLEY AMF Bowling Centers, Inc. 6310 Highway 65 NE Fridley, Minnesota 55432 CHRISTMAS TREE SALES Menard, Inc. 5351 Central Avenue NE Fridley, Minnesota 55421 FOOD SALES L I CENSES � Michael P. Bardaro Scott McKenzie AMF Bowling Centers, Inc. Michael P. Bardaro 6310 Highway 65 NE Fridley, Minnesota 55432 TEMPORARY INTOXICATING LIQUOR Totino-Grace High School Greg Balego 1350 Gardena Avenue Fridley, Minnesota 55432 .: Approved By: Police Department Fire Department Community Development Police Department Fire Department (dep.) Community Development Police Department Fire Department Community Development Police Department Fees: $ 350.00 $ 200.00 $ 100.00 $ 45.00 $ 25.00 LICENSES (CONTINUED) Type of License � EXCAVATING Johnson & Sons Contracting 4550 Central Ave Columbia Heights MN 55421 GAS SERVICES Doody Mechanical/United Sheet Metal 520 Front Ave St Paul MN 55117 Woodlund Homes 26400 Fallbrook Ct Wyoming MN 55092 GENERAL CONTRACTOR-COMMERCIAL C B Richard Ellis Construction 7760 France Ave S STE 640 Bloomington MN 55435 Diversified Construction 7010 Hwy 7 St Louis Park MN 55426 HBI (Hosking Business Inc) 2311 26 Ave NW STE 102 New Brighton MN 55112 Lund Martin Construction 3023 Randolph St NE Minneapolis MN 55418 Modern Concepts & Design Inc 3206 144 Ave N E Ham Lake MN 55304 Northern Crest Inc 8245 Polk St NE Spring Lake Park MN 55432 Reshetar Systems Inc 16200 Makah St NW Andover MN 55304 Steven Johnson James Doody Mike Lenarz Greg Merz Scott Fiske Justin Hosking Kim Fey James Manetas Bill Olson Gary Reshetar .• Approved By RON JULKOWSKI Building Official RON JULKOWSKI Building Official Same RON JULKOWSKI Building Official Same Same Same Same Same Same LICENSES (CONTINUED) Type of License GENERAL CONTRACTOR-COMMERCIAL Rutledge Construction Co 1409 South 7 St Hopkins MN 55343 Weis Builders inc 8009 34 Ave S Minneapolis MN 55425 � Scott Rutledge Cassandra Warner GENERAL CONTRACTOR-RESIDENTIAL AAA Handyman Services Inc(20062066) Box 725 St Francis MN 55070 Merrill Dykema Aztec Roofing (20139140) 11583 Rupp Dr Burnsville MN 55337 Berry Dave Construction Inc (9204) 20625 Co Rd 30 Rogers MN 55374 Carpenters Tool Box (1751) 1554 131 Ave NW Coon Rapids MN 55448 Cornerstone Construction (20074263) 222 North Concord Exchange STE4 So St Paul MN 55075 Country Craft Homes LLP (20192293) 21236 Cleary Rd NW Anoka MN 55303 Curry James Construction (4793) 3700 Oakdale Ave N Robbinsdale MN 55422 Kristy Craft David Berry Gary Crider David Hauer Dennis Burkhoff James Curry Drenzinger Contracting & Design (20096577) 3429 31 Ave S Minneapolis MN 55406 Matt Drenth Olympia Builders & Designers Inc (20173164) 2105 Long Lake Rd New Brighton MN 55112 Lennie Benson 7� Approved By RON JULKOWSKI Building Official Same STATE OF MINN Same Same Same Same Same Same Same Same Type of License LICENSES (CONTINUED) � GENERAL CONTRACTOR-RESIDENTIAL Sierra Homes Inc (5126) 2735 196 Ave NE Cedar MN 55011 Snedeker Construction (20039123) 18245 233 3/4 Ave Big Lake MN 55309 Stern Scott Construction Inc (5129) 1698 W Minnehaha Ave St Paut MN 55104 Sweep LuVerne H Contractor (2484) 16966 Co Rd 83 Big Lake MN 55309 HEATING Fisher-Bjork Sheetmetal Co Inc PO Box 40009 St Paul MN 55104 Modern Heating & Air Conditioning Inc 2318 1 St NE Minneapolis MN 55418 Woodlund Homes 26400 Fallbrook Ct Wyoming MN 55092 MASONRY Mo's Masonry 4808 Quail Ave N Minneapolis MN 55429 MOBILE HOME INSTALLER Woodlund Homes 26400 Fallbrook Ct Wyoming MN 55092 PLUMBING Rocheford Sewer & Plumbing 4527 Bryant Ave N Minneapolis MN 55412 SIGN ERECTOR Exterior Concepts 7597 Able Street Fridley MN 55432 Tim Kelly Steve Snedeker R Scott Stern LuVerne Sweep Charles Fisher Terry Hutchinson Mike Lenarz Steve Malark . Dave Lindberg Terry Rocheford Scott Lacy 71 Approved By STATE OF MINN Same Same Same RON JULKOWSKI Building Official Same Same RON JULKOWSKI Building Official STATE OF MN STATE OF MN RON JULKOWSKI Building Official � � CRY OF FRIDLEY ESTIMATES CITY COUNCIL MEETING OF OCTOBER 11, 1999 Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of September, 1999 .................................................... $ 5,000.00 Carl J. Newquist, Esq. 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 July, 1999 ..................................... Park Construction Co. 7900 Beech Street N.E. Minneapolis, MN 55432-1795 ... $ 16,296.00 Riverview Heights Area Improvement Project No. ST. 1999 — 1 Estimate No. 6 .................................................................................... $214,273.30 72 � AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 CRY OF FRIDLEY DATE: October 4, 1999 � TO: William Burns, City Manager fi�'+ FROM: Barbara Dacy, Community Development Director SUBJECT: Public Hearing to Modify the Redevelopment Plan and Tax Increment Financing Plans to Reflect Enlargement of Redevelopment Project No. 1 and Increased Project Costs to be Undertaken Therein. PURPOSE OF PUBLIC HEARING The purpose of the public hearing is to receive comment on the following changes in the City's redevelopment program: • Enlarge the redevelopment project area � Modify the TIF budgets within the redevelopment plan • Amend TIF Plan #6 to extend the duration of the district The Planning Commission must also review the enlargement of the redevelopment project area to determine if it is consistent with the Comprehensive Plan. Their review will occur on October 6, 1999. The HRA will conduct its review of these changes at the October 7 meeting. An update regarding both of these meetings will be given at Monday's meeting. WHERE DO I LOOK FOR THE CHANGES? Enclosed in the packet is a draft copy of the proposed amendment to the redevelopment plan. Beginning on page 1-22 of the enclosure is the new text to add to the existing redevelopment plan. At the top of the page is a header, "As Modified October 25, 1999°. This is the projected date of Council action to amend the plan. The purpose of this new section is to describe, in general, the type of activities or improvements proposed to, be undertaken in the tax increment districts and to identify a projected budget of expenditures. Exhibit I-C amends the tax increment financing district budgets previously stated in the existing plan on pages 1-13 through 1-21. The redevelopment plan language in Section 1.5 "Statement of Objectives" has also been changed to identify the goals and the public purposes of housing rehabilitation, housing replacement programs, and housing redevelopment projects (see pages 1-10 and 1-11). There are no other changes to the plan. The remainder of the text represents the existing language adopted by the City. ENLARGEMENT OF THE REDEVELOPMENT PROJECT AREA An 11 x 17 map is enclosed in the packet which depicts the existing parcels in the redevelopment project area and the existing Tax Increment Financing Districts. The map also shows the proposed 73 Public Hearing to Modify the Redevelopment Plan and Tax Increment Financing Plans Page 2 October 4, 1999 • parcels to be included in the redevelopment project area. In general, the proposed parcels extend from TH 65 west along I-694 and include the land area generally located in the southwest part of the City with 61 S` Avenue as the roughfy the northern border. The Riverview Heights neighborhood is also included as well as about 70 individual single family residential parcels that were identified as possible candidates fo� the Housing Replacement program. The purpose of enlarging the project area is merely to plan for the future. State law enables the Authority to spend tax increments in the project area (subject to other requirements in the TIF law) for eligible activities including rehabilitation programs, land acquisition or site preparation assistance. The Authority may also in the future choose to establish a tax increment financing district for redevelopment projects. Gateway East is a case in point where the parcels are included in the project area, but a district has not been established as of yet. When the TIF district is proposed, another public hearing process before the Council will be required. MODIFICATION OF TIF BUDGETS The proposed tax increment budgets identified in Exhibit I-C merely clarifies the budgets for respective districts to reflect anticipated expenditures. A good example is TIF #6 which anticipates the expenditures for the Medtronic project (these are based on their estimates to date). The amounts of these expenditures however do not exceed the projected revenues of the respective tax increment district. TIF #6 PLAN Chapter VII of the enclosure is the Tax Increment Financing Plan for District #6. On page 7-2, language is added to reflect the recently passed law permitting the City to extend the duration of the district. Modifying the redevelopment plan to incorporate the language to extend the duration of TIF District #6 updates the plan and is only part of the required process for the Authority and the City Council. The Council will not only have to approve another resolution extending the district, but must also pass a resolution adopting the new "special law" enacted by the legislature. The Authority must also approve a reso�ution authorizing the extension of the District. The Authority will take action on its resolution in November after approval of the amended development agreement with Medtronic. The Council will review their resolutions after the Authority's review. The County and School District have already passed their respective resolutions agreeing to the adoption of the special law and the extension of TIF #6 for the Medtronic project. COUNTY AND SCHOOL DISTRICT REVIEW State law requires the County and the School Districts to review any modification to the redevelopment plan. A copy of the plan has been sent to all four school districts and to Anoka County. Staff made a presentation to the County Board on September 28, 1999, and there were no adverse comments about the plan modification. Comments have not been received from the school districts as of yet. RECOMMENDATION Staff recommends the City Council conduct the public hearing. At the October 25, 1999 meeting, the resolution to adopt the modifications to the plan will be presented for Council approval. The resolution adopting the plan modifications, however, will not enact the extension of TIF #6. In November, the Council will consider the resolutions to adopt the new "special law" regarding TIF #6 and another resolution to officially extend the district. M-99-243 [L_; i AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 CtTY OF FRIDLEY TO: WILLIAM W. BURNS, CITY MANAGER �;1� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR MECHELL TUROK, ASSESSMENT CLERK SUBJECT: PUBLIC HEARING NOTICE ON THE 1999 NUISANCE ABATEMENT DATE: October 5,1999 Attached is the Public Hearing Notice for the assessment for the 1999 Nuisance Abatement. The Public Hearing Notice was published in the Focus newspaper on September 23, 1999 as required by State Statute. RDP/mt Attachment 75 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the City of Fridley City Council will meet at 7:30 p.m. on October 11, 1999 to consider, and possibly adopt, the proposed assessment for the 1999 Nuisance Abatement. Adoption by the council of the proposed assessment may occur at the hearing. The following area is the area proposed to be assessed: 195 79"' Way 15 63�d W8�/ 532 Janesville Street 6755 East River Road The proposed assessment roll is on file for public inspection at the Finance Office. The total amount of the proposed assessment is $4,820.62. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjoumed meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may approve deferral of payment of special assessments where the payment of said special assessments constitute a hardship. , Publish: September 23, 1999 76 Nancy J. Jorgenson Mayor � � pT1f OF fRIDLEY TO: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 WII.LIAM W. BURNS, CITY MANAGER �� RICHARD D. PRIBYL, FINANCE DIRECTOR MECHELL TUROK, ASSESSMENT CLERK PUBLIC HEARING NOTICE ON THE 1999 SERVICE CONNECTION DATE: October 5,1999 Attached is the Public Hearing Notice for the assessment for the 1999 Service Connection. T'he Public Hearing Notice was published in the Focus newspaper on September 23, 1999 as required by State Statute. RDP/mt Attachment 77 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the City of Fridley City Council will meet at 7:30 p.m. on October 11, 1999 to consider, and possibly adopt, the proposed assessment for the 1999 Service Connection. Adoption by the council of the proposed assessment may occur at the hearing. The following area is the area proposed to be assessed: 101-117 OSBORNE ROAD The proposed assessment roll is on file for public inspection at the Finance Office. The total amount of the proposed assessment is $12,730.54. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjoumed meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senio� citizens. The City Council may approve deferral of payment of special assessments where the payment of said special assessments constitute a hardship. Publish: September 23, 1999 : Nancy J. Jorgenson Mayor � � CXfY OF FRIDLEY TO: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 WII.,LIAM W. BURNS, CITY MANAGER ��i� RICHARD D. PRIBYL, FINANCE DIItECTOR MECHELL TUROK, ASSESSMENT CLERK PUBLIC HEARING NOTICE ON THE 1999 WEED ABATEMENT DATE: October 5,1999 Attached is the Public Hearing Notice for the assessment for the 1999 Weed Abatement. The Public Hearing Notice was published in the Focus newspaper on September 23, 1999 as required by State Statute. RDP/mt Attachment � PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the City of Fridley City Council will meet at 7:30 p.m. on October 11, 1999 to consider, and possibly adopt, the proposed assessment for the 1999 Weeds Abatement. Adoption by the council of the proposed assessment may occur at the hearing. The following areas are the areas proposed to be assessed: 195 79"' Way 15 63`d Way 53 631/2 WAY 6403 ASHTON AVENUE 6056 WOODY LANE 61ST THROUGH 62ND WAY AT 238 ELY STREET 650 DOVER STREET 5539 MATTERHORN DRIVE 5601 4'" STREET 5695 HACKMANN AVENUE ASHTON 1021 RICE CREEK TERRACE 52ND AVENUE & CENTRAL AVENUE VACANT LOT ON BAKER STREET(LOT 8,BLOCK 1, NAGEL'S WOODLANDS) The proposed assessment roll is on file for public inspection at the Finance Office. The total amount of the proposed assessment is $9,196.24. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after senrice upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may approve deferral of payment of special assessments where the payment of said special assessments constitute a hardship. Publish: September 23, 1999 :1 Nancy J. Jorgenson Mayor � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 11, 1999 CfTY OF FRIDLEY Date: 10/01 /99 To: William Bums, City Manager �'� � From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Consider Revocation of Special Use Permit for Chopper City Sports, located at 7191 HWY 65. M-99-237 INTRODUCTION Staff asks that the City Council hold a revocation hearing for the Chopper City Sports special use permit, SP #89-14. A revocation hearing is required to allow the property owners their due process and an opportunity to enter their statements into the public record. It is the City's obligation to enforce the stipulations of a special use permit, or the City waives its right to do so. The City can determine after the public hearing whether or not the facts warrant revocation. SUMMARY OF ISSUES In 1989, the City approved special use permit, SP #89-14, which specifically allows the display of up to a total of four snowmobiles, personal watercraft, and/or. all terrain vehicles. On 8/17, staff noticed and photographed that Chopper City was displaying 5 snowmobiles, 2 ATV's, and 2 trailers. On 8/19, staff again noticed that Chopper City was displaying the same items in fhe Highway 65 right of way. Displaying items in the right of way is a violation of the special use permit, City codes, and State statutes. Staff has contacted Chopper City, and indicated that any further displaying of inerchandise in the HWY 65 right of way would result in citations being issued. The height to which Chopper City has merchandise stacked behind the building is also in violation of SP #89-14. Merchandise stored behind the fence may not exceed the height of the fence. Currently, merchandise is being stored much higher than allowed by the special use permit. : Staff had correspondence in 1998, with Chopper City, regarding these same violations of the special use permit stipulations. Due to repeat offenses over the past year, City Staff recommends that the City Council hold a public hearing for consideration of the revocation of special use permit, SP #89-14. As for revocation due to violations, our City Attorney has indicated that the City is obligated to review cases such as this and make a determination as to the action necessary. Mr. Knaak has indicated that there is no such thing as a partial revocation. Either the City : revokes the special use permit, or they do not. If revoked, Chopper City can re-apply for a permit. New stipulations would be constructed through this process. In either case, a public hearing must be held in accordance with state law. Upon completion of the public hearing the City has the following 3 options: • Revoke special use permit, SP #89-14, and deny Chopper City Spo�ts the opportunity to display merchandise in the open, and deny exterior storage of materials and equipment. Hold open the hearing and final decision for 90 days, while requiring Chopper City to • immediately begin removing all inventory stored above the height of the fence. Have staff re-inspect and report to Council in 90 days. If property owner is not in compliance, SP #89-14 shall be revoked. • Hold open the hearing and final decision indefinitely, while allowing Chopper City to keep SP #89-14, but create a public record setting Chopper City Sports on notice of past violations and the City's obligations to strictly enforce the stipulations of the special use permit. Have staff monitor site and report any further violations to City Council. HISTORIC REFERENCE The City has exercised it's right to hold a revocation hearing with other business' in Fridley. Home Depot, Menards, & Wal-Mart have all had revocation hearings in the recent past. The City did not revoke any of these special use permits, but left the hearings open and notified the business' of the City's intent to revisit and potentially revoke their special use permits for any future violations. The business' have complied with City requirements since the time of their hearings. The City recently has revoked a special use permit for a second accessory building in a residential setting. This revocation was due to non-compliance with the stipulations of the properties special use permit. RECOMMENDATION At the conclusion of the hearing, staff recommends the City Council adopt the following motion: "Motion to continue and hold open the public hearing and any final decision to revoke SP #89-14 until January 24, 2000. Staff will notify the owner that all inventory stored above the height of the fence shall be removed, and all illegal outdoor display shall be discontinued by 90 days from the date of this hearing°. Staff will re-inspect the site for compliance and if the property is not in conformance at the time of inspection, staff will recommend the City Council revoke Special Use Permit, SP # 89-14. : � � � GTY OF FRIDLEY DATE: TO: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 October 6, 1999 William W. Burns, City Manager�(!-J � FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Paul Bolin, Planner SUBJECT: Rezoning, ZOA #99-04, For the Undeveloped Property North of 5333 University Avenue INTRODUCTION On September 15, 1999, the Planning Commission held its public hearing regarding the request by Brian and Jacqueline Bona for a rezoning from R-3, Multi-Family Residential to C-2, General Business to allow an auto repair garage. The property is vacant and located north of 5333 University Avenue NE. ISSUES The Bona request involves placing an automobile repair facility on the undeveloped property, north of their existing motor fuel sales facility. In their request, the Bona's originally asked for 6 variances, a special use permit, and the rezoning. Four of the six variances were able to be eliminated by staff efforts to rework the site plan. The fifth variance relates to the placement of the building relative to the east (residential) property line. The sixth and final variance requested would be eliminated by rezoning the subject parcel. Code requires a 50' setback from a C-2 building to its adjacent residentially zoned property line. The building proposed will rest entirely on the property currently zoned C-2. However, it would have a 3' setback, (rather than a 50' setback) on its north end. Granting a variance to this dimension would exceed all previously granted variance dimensions for like requests. The real benefit of this rezoning is that it allows consistency between the land designation for all parcels in his development. As an independent residential site, this location has potential for development. Based on land area, a multi-unit residential building of as many as 14 units could potentially be built on this site. However, the shape of the lot may somewhat limit that density. With multi- tenant residential land being a very limited commodity in Fridley, it is likely that this land would eventually develop for residential if not rezoned. This parcel could be successfully developed as either an R-3, Multi-Family Residential, or C-2, General Business use. As for meeting the criteria that staff evaluates for a rezoning, this request passes the test, provided that the future project can be developed in compliance with the performance standards of the C-2 District. : The Planning Commission believed that the rezoning of this property is appropriate and makes sense based on the Bona proposal. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of rezoning request ZOA #99-04, with two stipulations: 1. Pending approval of Special use permit #99-09. 2. The petitioner shall modify the site plan to eliminate all variances for the proposed facility. STAFF RECOMMENDATION Staff Recommends that the City Council concur with the Planning Commission. M-99-246 ., �• � � Q1Y OF FRIDLEY �` TO: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 October 6, 1999 William W. Burns, City Manager :�� n� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Paul Bolin, Planner SUBJECT: First Reading of an Ordinance Rezoning Lots 24 - 30, Hamilton's Addition to Mechanicville, generally location north of 5333 University Avenue INTRODUCTION On September 15, 1999, the Planning Commission held its public hearing regarding the request by Brian and Jacqueline Bona for a rezoning from R-3, Multi-Family Residential to C-2, General Business to allow an auto repair garage. The City Council will hold its public hearing forthis Item on October 11, 1999. In conjunction with that hearing, the appropriate rezoning ordinance has been attached for Council's review. STAFF RECOMMENDATION Staff Recommends approval of the first reading of the attached ordinance to rezone Lots 24 -30, Hamilton's Addition to Mechanicsville, from R-3, Multi-Family residential to C-2, General Commercial. M-99-247 : ORDINANCE NO. ORDINANCE TO AMEND THCHANGEOIN ZONINGE CITY OF FRIDLEY, MINNESOTA BY MAKING A DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 24 -30, Hamilton's Addition torall located north of 5333 Unaversity�ce of the Anoka County Recorder, gene y Avenue. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3, General Multiple Family Dwelling to C-2, General Business. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 1998. ATTEST: DEBRA A SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: October 11, 1999 October 11, 1999 October 25, 1999 November 15, 1999 NANCY J. JORGENSON - MAYOR :. EXHIBIT - ORDINANCE # - STiPULATIONS 1. Pending approval of special use permit #99-09 2. The petitioner shall modify the site plan to eliminate all variances for the proposed facility. : � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 11, 1999 qT1f OF FRIDLEY DATE: October 6, 1999 TO: William W. Burns, City Manager��y FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Paul Bolin, Planner SUBJECT: S ecial Use Permit SP #99-09 5333 Universit Avenue M-99-248 INTRODUCTION On September 15, 1999, the Planning Commission held its public hearing regarding the request by Brian and Jacqueline Bona for a special use permit to allow an auto repair garage in the current C-2, General Business zoning district. The property address is 5333 University Avenue NE. ISSUES The Bona request involves construction of an automobile repair facility on the undeveloped property, north of their existing motor fuel sales facility. In their request, the Bona's originally requested 6 kan�astall s zella edu ed numbe'r of pabk ng stallsu and aareduced setbacks, reduced pa g setback from the alley. Staff has prepared a site plan that eliminates all variances and places the overhead doors facing east. The petitioner concurred with all modifications, except the placement of the building and doors. The difference is that with staff s recommendation the overhead doors do not face University Avenue and consequently the parking is in back of the building. The petitioner believes that the site is most customer f�iendly if the overhead doors face University Avenue. The petitioner also believes that security and noise to the neighbors will be a problem if the building is turned around and the doors face east. It is staffs position that University Avenue image is important. Recent Comprehensive Planning efforts have revealed that the community is very concerned about image. The seven overhead doors facing University Avenue has been viewed by staff as too intense and contrary to other image enhancements along the corridors. There are residences across University Avenue as well as residences to the east of this project. University Avenue does serve as a land use buffer and there is also a great deal of traffic noise in this area from University and Highway 694. However, existing conditions should not be viewed as a supporting reasons for directing overhead doors and additional noise at those homes West of University. .. Special Use Permit, SP #99-09, 5333 University Avenue Page 2 October 6, 1999 If the noise that this business will generate is truly a concern of the owner/petitioner, then the Council may want to consider whether this business is appropriate for the site. Otherwise, the expectation is that noise generated from the repair garage will not travel beyond the property lines of this development. To that end, turning the building around will result in a number of other site enhancements. The building face on University can have a store-front, rather than a garage-front appearance. The cars to be serviced will consequently be parked on the back side of the building. There can also be additional landscaping in front of the building, because all of the asphalt will be to the east or north. The City Council's action needs to consider image aspects of the proposal, noise aspects of proposal, and all site design aspects. If the impacts cannot be successfully addressed through stipulations, the Council has within its authority the ability to deny the request. The Planning Commission recommended; however, that the building could be designed with overhead doors facing University Avenue. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of SP #99-09, with the following 13 stipulations. 1. The special use permit for an automobile service station is only for the uses noted in the definition. 2. The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of inerchandise. 3. The property shall not be used as a place of storage or depository ofwrecked, abandoned or junked motor vehicles or the display of used motor vehicles or the display of new motor vehicles. 4. All required buffer or screening area shall be so constructed as to obstruct headlight beams of motor vehicles on the station property from beaming into adjacent residential properties, 5. A landscape plan will be required to be submitted and approved by staff prior to issuance of a building permit. 6. The petitioner's proposal shall not include, nor shall the petitioner, his successors or heirs all prohibited activities on this site. (i.e. heavy duty repair garages). 7. Vehicular parking shall be limited to the owner's and employee's vehicles and a maximum of three service vehicles. Automobiles being serviced may be parked for a maximum period of 48 hours at any one time. 8. The site plan for this proposal shall be submitted and approved prior to issuance of a building permit leaving the front of the building facing University Avenue. :' � Page 3 Special Use Permit, SP #99-09, 5333 University Avenue October 6, 1999 9. A site lighting plan shall be submitted and approved prior to issuance of a building permit. 10.The property owner shall obtain all necessary building permits prior to construction. 11.A11 grading and drainage plans shall be approved by City staff prior to the issuance of building permits. 12.A landscaping plan meeting all Code requirements, plus an additional 6 large (4" caliper or greater as measured 6" above grade) trees shall be added to compensate for trees removed from public right of way. Plan shall be approved by staff prior to issuance of the building permit. A bonding requirement will ensure the landscaping will meet building Code. 13.The alleyway east of the property shall be restored and paved prior to issuance of building permits. STAFF RECOMMENDATION Staff Recommends that the City Council approve special use permit request SP #99-09 with 13 stipulations as recommended by the Planning Commission; however, staff recommends that stipulation #8 reads as follows: 8. The site plan shall be submitted and approved by staff prior to issuance of a building permit. Said site plan shall reflect a building position that eliminates all variances and places all overhead doors facing east. Further, staff recommends that if the variances are denied that the additional stipulations that would have been attached to the variance be included as well. These are: 1. No outdoor storage or displays to be permitted on this site. 2. To ensure adequate circulation for fire, police, and snow plows, petitioner shall dedicate a street easement and connect re-established alleyway to the University Avenue Service Road. Final design layout to be approved by City Staff. 3. Variances granted shall become null and void should SP #99-09 or ZOA #99-04 fail to be granted. 4. All fencing shall be located entirely upon the petitioner's property. 5. Parking area to be screened from the right-of-way by a combination of berms and continuous plantings of at least 3' in height. 6. A Code required 5' sidewalk easement shall be granted along the entire west edge of the property. 7. The petitioner shall comply with all County, State, and Federal regulations regarding disposal of fluids, batteries, and other materials. N � � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 11, 1999 CfTY OF FRIDLEY Date: 10/7/99 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 #99 -19 M-99-245 INTRODUCTION Mr. Brian Bona was originally seeking a total of 6 variances in order to construct an automotive repair garage at 5333 University Avenue. The proposed garage is 4,900 sq. feet in size and will contain an office, customer waiting area, 5 service bays, and 2 oil changing bays. The petitioner intends to offer general auto repair and maintenance, such as: tune-ups, oil changes, electrical, heating, air conditioning, steering, brakes, suspension, and drive train work. APPEALS COMMISSION ACTION At the September 8, Appeals Commission Meeting a public hearing was held for VAR #99-19. After much discussion, the Commission and the petitioner came to an agreement that eliminated 5 of the 6 variances originally being sought by the petitioner. Four of the variances that were eliminated involved number, location, and size of parking stalls. All of these variances can be eliminated by rearranging the parking on-site. A fifth variance, which was eliminated (along with the 4 parking related variances) by a unanimous vote of denial, involved the building being located 3' from a neighboring residential district to the north rather than the code required 50' separation. The variance request and stipulations, which was approved by the Appeals Commission on a 3-2 vote, was to reduce the required setback from the residential area to the east from 50' to 30'. Staff had no recommendation on this request, as it was within previously granted dimensions. However, staff had i.dentified a way to relocate the building to the front yard setback line that would have eliminated this variance as well (see attached site plans). PLANNING STAFF RECOrM4ENDATION In meetings with the petitioner and his architect, staff had 91 suggested eliminating as many variances as possible. Staff had also strongly encouraged the petitioner and his architect to explore the possibility of changing the b�ilding layout, to utilize an internal drive aisle to the service bays, reducing the impact of several overhead doors facing University Avenue. If the City Council were to grant this variance request, staff recommends that the following stipulations be attached. 1.A11 necessary permits shall be obtained prior to the start of construction. 2.A11 grading and drainage plans to be approved by City Staff prior to the issuance of building permits. 3.A landscaping plan meeting aII code requirements, plus an additional 6 large (4" caliper) trees to compensate for trees removed from the ROW by the petitioner, shall be approved by City Staff prior to the issuance of a building permit. Bonding requirement, to ensure the installation of landscaping, shall be met as required by Code. 4. No outdoor storage or displays to be permitted on this site. 5.Site sha11 not be used to display cars for sale or storage of trucks for rent. 6.Alleyway east of property shall be restored and paved prior to issuance of huilding permits. Owner shall be responsible for installation of the alleyway, but not future maintenance. 7. To ensure adequate circulation for fire, police, and snow plows, petitioner shall dedieate a street easement and connect re- established alleyway to the University Avenue Service Road. Final design and layout to be approved by City Staff. 8. Variances granted sha11 become null and void should SP#99-09 or ZOA #99-04 fail to be granted. 9.A11 fencing to be located entirely upon petitioners own property. 10.Any lighting on East side of building shall be downcast and shielded to minimize impact on neighboring residential area. 11.The number of overhead doors facing University Avenue shall be limited to the extent possible. West elevation of building shall be approved by Staff prior to the issuance of building permits. Overhead doors facing University Avenue shall have their impacts mitigated through architectural treatment, such as, recessed openings, full glass doors, and landscaping. 12.Parking are to be screened from the RQW by a combination of berms and continuous plantings of at least 3' in height. 13.Code required 5' sidewalk easement shall be granted along the entire west edge of .the property. 14.Petitioner comply with all County, State, and Federal regulations, regarding disposal of fluids, batteries, and other materials. 92 City of Fridley Land Use Application VAR-99-19 September 8, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Brian Bona 4000 Washington Street Columbia Heights, MN 55421 Requested Action: Six variances to construct an automobile repair business. Existing Zoning: C-2 & R-3 Location: 5333 University Avenue Size: 44,265 sq.ft. 1.02 acres Existing Land Use: Vacant Surrounding Land Use & Zoning: N: Vacant & R-3 E: Homes & R-3 S: Gas station & C-2 W: University Ave. & R-2 Comprehensive Plan Conformance: Inconsistent with existing Plan. (If all land use applications are approved, land use plan will be changed during current planning process) Zoning Ordinance Conformance: Sec. 205.14.03.C.(4) requires a minimum setback of 50' from residential districts. Sec. 205.14.OS.D.(5).(a) requires parking be setback 20' from the ROW. Sec. 205.14.OS.D.(5).(c) requires parking be setback 15' from an alleyway. Sec. 205.03.55 requires parking stalls be 10' wide. Sec. 205.14.OS.C.(1) requires this site to �rovide a minimum of 32 parking stalls. Property History: Lot originally platted in 1886. Service station built in 1955. 93 Garage built in 1956. Filling station office built in 1959. Alterations made in 1975. Site demolished in 1996. Legal Description of Property: Lots 20-23 & a portion of lots 24-30, Hamiltons Addition to Mechanicsville. Council Action: October 11, 1999 Public Utilities: Located near the site. Transportation: Station is accessed via University Avenue Service Road. Physical Characteristics: Vacant - gravel, dirt, weeds.. SUIVIlVIARY OF PROJECT Property owner is seeking a total of six variances to reduce the setback from neighboring residential properties, reducing required parking setbacks, reducing parking stall size, and reducing the number of required parking stalls in order to construct an automobile service station. SUMMARY OF HARDSIiIP `7n order to screen the neighbors from being adjacent to a parking lot and subjecting them to lights, noise and the related service station parking lot problems, the building was moved East. " (Full letter attached) SUMMARY OF ANALYSIS City Staff has no recommendation on the requests to locate closer than SO' to the neighboring residential districts, due to the fact that this is within previously granted dimensions. Staff does recommend denial of all the parking related variance requests, as these requests can be met on-site. (See full analysis) VAR-99-19 PROJECT Mr. Brian Bona is seeking a total of 6 variances in order to construct an automotive repair garage at 5333 University Avenue. The proposed garage is 4,900 sq. feet in size and will contain an o�ce, customer waiting area, 5 service bays, and 2 oil changing bays. The petitioner intends to offer general auto repair and maintenance, such as: tune-ups, oil changes, electrical, heating, air conditioning, steering, brakes, suspension, and drive train work. In addition to the six variances being sought, the petitioner must also receive a special use permit (SP #99-09) to allow an automotive service station in the C-2 zoning district, and rezone (ZOA #99-04 ) lots 24 - 30 from their current R-3 zoning to C-2. VARIANCES REQUESTED Following are the six variances required, as shown on the petitioners site plan (attached). 1. Per Section 205.14.03.C.(4), to reduce the setback from the adjacent residential district on the east side from 50' to 30'. 2. Per Section 205.14.03.C.(4), to reduce the setback from the adjacent residential district on the north side from 50' to 3'. (Building is only 3' from Lot 24, this variance will be eliminated if ZOA #99-04 is approved). 3. Per Section 205.14.05.D.(5).(a), to reduce the required parking setback from any street ROW from 20' to 18'. (This variance can be eliminated by moving a total of two stalls, #15 &#16 on site plan, 2' to the east.) 4. Per Section 205.14.05.D.(5).(c), to reduce the parking setback from an alley from 15' to 13'. (This variance can be eliminated by moving a total of three stalls, #23, #24, &#25 on site plan, 2' to the west.) 5. Per Section 205.03.55, to reduce the required parking space width from 10' to 9'. (This variance can be eliminated by adding 1' to each parking space.) 6. Per Section 205.14.05.C.(1), to reduce the required number of parking stalls from 32 to 25. (This variance can be eliminated by reconfiguring the parking on-site.) RECOMMENDATIONS City staff has developed separate recommendations for each of the six variances requested. Many of the variances can be easily eliminated, and may be due to a lack of attention to detail in the drafting of the site plan. Variance 1- To reduce setback from residential area to the east from 50' to 30'. City Staff has no recommendation on this variance request as it is within previously granted dimensions. VAR #99-04 5311 University Avenue -Reduced setback from neighboring residential district from 50' to 19'. VAR #87-05 6501 East River Road -Reduced setback from neighboring residential district from 50 to 11'. Granting this request would be consistent with the neighboring Amoco Station, located at 5311 University Avenue. Variance 2- To reduce setback from residential area to the north from 50' to 3'. City Staff recommends denial of this variance request. • ,l Staff recommends denial due to the fact that in order for this project to proceed, SP #99-09 and ZOA #99-04 will also need to be approved. If ZOA #99-04 is approved, this variance is not needed as the building will then be located over 270' from the residentially zoned district to the north. Variance 3- To reduce parkinq setback from street ROW from 20' to 18'. City Staff recommends denial of this variance request. Staff recommends denial of this variance, as it can be avoided by moving two parking stalls 2' to the east. Moving these parking stalls has no negative effect on drive aisle widths. Variance 4- To reduce parkinq setback from allevwav from 15' to 13'. City Staff recommends denial of this variance request. Staff recommends denial of this variance, as it can be avoided by moving three parking stalls 2' to the west. Moving these parking stalls has no negative effect on drive aisle widths. Variance 5- To reduce parkinq space width from 10' to 9'. City Staff recommends denial of this variance request Staff recommends denial of this variance, as it can be avoided by reconfiguring the parking layout. Nine foot wide parking stalls are only permitted in parking ramps, where the users of the stalls are employees who park in these stalls daily, and in industrial districts if they are double striped. Ten foot parking stalls are necessary for parking lots with frequent turnover. Variance 6- To reduce number of parkinq stalls from 32 stalls to 25 stalls City Staff recommends denial of this variance request. This is a retail use requiring 1 parking stall per 150 square feet of floor space. The petitioners site is required to have 32 parking stalls, one of which must meet ADA codes. Staff has identified alternative parking layouts that could accommodate the 32 parking stalls required by Code. In meetings with the petitioner and his architect, staff had suggested eliminating as many variances as possible. Staff had also strongly encouraged the petitioner and his architect to explore the possibility of changing the building layout, to utilize an internal drive aisle to the senrice bays, reducing the impact of several overhead doors facing University Avenue. STIPULATIONS • If the Appeals Commission were to grant all or a portion of this variance request, staff recommends that the following stipulations be attached. 9. A/l necessary permits shall be obtained prior to the start of construction. 2. A/l grading and drainage plans to be approved by City Staff prior to the issuance of building permits. 3. A landscaping plan meeting all code requirements, plus an additional 6 large (4" caliper) trees fo compensate for trees removed from the ROW by the petitioner, shall be approved by City Staff prior to the issuance of a building permit Bonding requiremenf, to ensure the installation of landscaping, shall be met as required by Code. 4. No outdoor storage o� disp/ays to be permitted on this site. 5. Site shall not be used to display cars for sale or storage of trucks for rent. 6. Alleyway east of property shall be restored and paved prior to issuance of building 95 permits. 7. To ensure adequate circulafion for fire, police, and snow plows, petitioner shall dedicate a street easement and connect re-established alleyway to the University Avenue Service Road. Fina/ design and layouf to be approved by City Staff. 8. Variances granted shall become null and void should SP#99-09 or ZOA #99-04 fail to be granted. 9. All fencing to be located entirely upon petitioners own property. 10.Any lighting on East side of building shall be downcast and shielded to minimize impact on neighboring residential area. 11. The number of overhead doors facing University Avenue shall be limited to the extent possible. West elevation of building shall be approved by Staff prior to the issuance of building permits. Overhead doors facing University Avenue shall have their impacts mitigated through architectural treatment, such as, recessed openings, full glass doors, and landscaping. ? 2. Parking are to be screened from the ROW by a combination of berms and continuous plantings of at least 3' in heighi. 13. Code required 5' sidewalk easement shall be granted along the entire west edge of the property. 14. Petifioner comply with all County, State, and Federal regulations, regarding disposal of fluids, batteries, and other materials. �% • 1. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST VAR #99- 9 BY BRIAN BONA: Per Section 205.14.03.C.(4) of the Fridley Zoning Code, to reduce the setback from the adjacent residential district on the east side from 50 feet to 30 feet; Per Section 205.14.03.C.(4) of the Fridley Zoning Code, to reduce the setback from the adjacent residential district on the north side from 50 feet to 3 feet; Per Section 205.14.05.D.(5).(a) of the Fridley Zoning Code, to reduce the parking setback from any street right-of-way from 20 feet to 18 feet; Per Section 205.14.05.D.(5).(c) of the Fridley Zoning Code, to reduce the parking setback from an alley from 15 feet to 13 feet; Per Section 205.03.55 of the Fridley Zoning Code, to reduce the required parking space width from 10 feet to 9 feet; Per Section 205.14.05.C.(1) of the Fridley Zoning Code, to reduce the required number of parking spaces from 32 to 25; To allow automotive repair services on Lots 20, 21, 22, and 23, and a portion of Lots 24-30, Block 13, Hamilton's Addition to Mechanicsville, generalfy located at 5333 University Avenue. MOTION by Ms. Mau, seconded by Mr. Jones, 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 7:43 P.M. Mr. Bolin stated the petitioner is seeking a total of six variances in order to construct an automobile service station at 5333 University Avenue. In a related matter, the Planning Commission will also hear a request for a rezoning for a portion of this property and also a request for a special use permit to allow an automobile service station on this property. Mr. Bolin stated Lots 20, 21, 22 and 23 are zoned C-2, General Business, and Lots 24- 30 are zoned R-3, General Multiple Units. On an aerial photograph, one can see that over time people have established an informal alleyway across the rear portion of the property. It is actually a paper alley that has never been fully installed or maintained by the City. These properties were platted in 1886. From 1955 to about 1996, these properties were occupied by a gas station and a business that restored fuel pumps. In 1996, the last building was demolished. Mr. Bolin stated the petitioner is requesting six variances: 1) to reduce the setback from the adjacent residential district on the east side from 50 feet to 30 feet; 2) to reduce the setback from the adjacent residential district on the north side from 50 feet to 3 feet (this variance will be eliminated if ZOA #99-04 is approved); 3) to reduce the required parking setback from any street right-of-way from 20 feet to 18 feet(this variance can be eliminated by moving two parking stalls, #15 and #16 on the site plan, 2 feet to the east); 4) to reduce the parking setback from an alley from 15 feet to 13 feet (this variance can be eliminated by moving three parking stalls, #23, #24 and #25, 2 feet to the west); 5) to reduce the required parking space width from 10 feet to 9 feet (this variance can be eliminated by adding one foot to each parking 97 APPEALS COMMISSION MEETING SEPTEMBER 8 1999 PAGE 2 space); and 6) to reduce the require number of parking stalls from 32 to 25 (this variance could be eliminated by reconfiguring the parking lot). Mr. Bolin stated the petitioner's hardship statement indicates that, in order to screen the neighbors from being adjacent to a parking lot and subjecting them to light, noise and related service station parking lot problems, the building was moved east. Mr. Bolin stated staff has separate recommendations for each of the variances as follows: 1. To reduce the setback from the adjacent residential district on the east side from 50 feet to 30 feet. Staff has no recommendation on this request as it is within previously granted dimensions. 2. To reduce the setback from a residential area to the north from 50 feet to 3 feet. Staff recommends denial due to the fact that, in order for this project to proceed, a special use permit and a rezoning request must be approved. If the rezoning is approved, the variance would not be needed as the building would be located over 270 feet from the residentially zoned district to the north. 3. To reduce the parking setback from any street right-of-way from 20 feet to 18 feet. Staff recommends denial because the variance can be avoided by moving two parking stalls 2 feet to the east. Moving these parking stalls has no negative affect on the drive aisle widths. 4. To reduce the parking setback from an alley from 15 feet to 13 feet. Staff recommends denial because this can be avoided by moving three parking stalls, #23, #24 and #25, 2 feet to the west. Moving these parking stalls has no negative effect on the drive aisle widths. 5. To reduce the required parking space width from 10 feet to 9 feet. Staff recommends denial because it can be avoided by reconfiguring the parking lot layout. Nine-foot wide parking stalls are only permitted in parking ramps in the City of Fridley. The reason is that the users of those stalls are employees who park there daily. The City does allow 9-foot stalls in industrial districts if they are double striped which in essence makes then about 9.5-foot wide statls. 10-foot wide stalls are required for parking lots with frequent turnover. 6. To reduce the require number of parking stalls from 32 to 25. This is a retail use requiring one parking stall for 150 square feet of floor space. The petitioner is required to have 32 parking stalls, one of which must meet ADA codes. Staff has identified some alternative parking layouts that could accommodate the 32 parking stalls as required by the code. Mr. Bolin stated that in meetings with the petitioner and his architect, staff has suggested eliminating as many variances as possible. Staff also encouraged the petitioner and his architect to explore the possibility of changing the building layout somewhat in order to utilize an internal drive aisle to the service bays. This would reduce the impact of having a total of 7 overhead doors facing University Avenue. As .• APPEALS COMMISSiON MEETING SEPTEMBER 8 1999 PAGE 3 part of the research on this project, staff went to Apple Valley and looked at a Tires Plus store that utilizes an internal drive aisle. They also have a store front appearance rather than several overhead doors. This may be one possibility for this site. With this being one of the major corridors and an entry into Fridley from the south, appearance means a lot. The storefront appearance is more appealing than overhead doors. Mr. Bolin stated that if any or all of the variances are recommended for approval, staff recommends the following stipulations: 1. All necessary permits shall be obtained prior to the start of construction. 2. All grading and drainage plans shall be approved by City staff prior to the issuance of building permits. 3. A landscaping plan meeting all code requirements, plus an additional 6 large (4 inch caliper) trees to compensate for trees removed from the right-of-way by the petitioner, shall be approved by City staff prior to the issuance of a building permit. Bonding requirement, to ensure the installation of landscaping, shall be met as required by Code. 4. No outdoor storage or displays shall be permitted on this site. 5. Site shall not be used to display cars for sale or storage of trucks for rent. 6. Alleyway east of property shall be restored and paved prior to issuance of building permits. 7. To ensure adequate circulation for fire, police, and snowplows, the petitioner shall dedicate a street easement and connect re-established alleyway to the University Avenue Service Road. Final design and layout shall be approved by City staff. 8. Variances granted shall become null and void should SP #99-09 or ZOA #99-04 fail be granted. 9. All fencing shall be located entirely upon petitioner's own property. 10. Any lighting on the east side of building shall be downcast and shielded to minimize impact on neighboring residential area. 11. The number of overhead doors facing University Avenue shall be limited to the extent possible. West elevation of building shall be approved by staff prior to the issuance of building permits. Overhead doors facing University Avenue shall have their impacts mitigated through architectural treatment, such as recessed openings, full glass doors, and landscaping. 12. Parking area shall be screened from the right-of-way by a combination of berms and continuous plantings of at least 3 feet in height. 13. Code required 5-foot sidewalk easement shall be granted along the entire west edge of the property. 14. Petitioner shall comply with all County, State, and Federal regulations regarding disposal of fluids, batteries, and other materials. Mr. Bolin reviewed the proposed elevations and site plan. Mr. Hickok presented a reworked site plan that eliminates all variances except the building setback variance from the residential area to the east. On this example, the building stays in the same position, but the parking area shows changes to the parking arrangement in order to eliminate the other variances. The petitioner has indicated a strong desire to keep his existing building on the corner and for these buildings to be in .. APPEALS COMMISSION MEETING. SEPTEMBER 8. 1999 PAGE 4 line. This does keep the views open by these properties, but it does require the setback variance. Mr. Hickok presented a second alternative that would eliminate all variances. In this example the building is turned around. The benefits of doing this include eliminating the variances; placing the best side toward the street with overhead in the back; allowing for maximum green space, offsetting the lack of green space with the existing Amoco site on the corner which is paved to the edges; placing cars behind the building and out of view from University Avenue; providing maximum vehicle circulation and allowing cars to enter the service bays with minimal interruption. This plan places the overhead doors opposite the screening fence along the east property line. With the proper setback befinreen the alley and the parking, it provides a nice opportunity for heavy landscaping to help mitigate the use from the neighbors to the east. It would require a dressed up front with windows, brick and tasteful signage, but would enhance the building and the site overall. It also separates flow-through traffic. With the building placement as proposed, it is probably the most objectionable part of the proposal that makes the number of variances necessary. By placing the overhead doors facing University, it then causes parking in front of the building, potentially open overhead doors, noise, etc., along the University corridor that could have been mitigated. Ms. Mau asked if the plan had been proposed to the petitioner and if the petitioner did not agree. Mr. Hickok stated staff did speak with the petitioner and the architect about potential options of putting the overhead doors on the back side, redesigning with an intemal drive aisle, etc. They feel the best customer service ability comes from allowing folks to park in front of the doors. Ms. Mau stated the doors would be seen because the overhead would be facing the back where the parking is. Would the doors facing the neighborhood and residential area increase the level of noise going toward the neighborhood rather than toward University Avenue? Mr. Hickok stated, no. Staff is asking for a standard screening fence for separation between residential and commercial property. The landscape plan requires a heavy screen with coniferous plant materials to provide a year-round separation. From the noise perspective, staff does not want the noise in either direction. Dr. Vos asked how much further away is the building shown turned than what the petitioner is asking. Mr. Bolin stated the petitioner is proposing a setback of 30 feet. With the building turned, the setback is about 55 feet from the edge of the property line by the alley. Dr. Vos stated this is then about 25 feet further away from the residential area. Ms. Mau asked if there is a reason why the alley has not been completed. 100 APPEALS COMMISSION MEETING GFPTEMBER 8 1999 pq F g Mr. Hickok stated there has been a friendly arrangement befinreen the Amoco operators and the neighbors. They have allowed the residents to come around the green space, come through their property, and get back into the ailey. Further north, there are two large mature trees right in the alignment of the alley. To re-establish the alley, those finro trees would need to be removed. In order to successfully mitigate a commercial development from the residential, they need a privacy fence. They could not construct a privacy fence without opening up the alley behind it because there would be no opportunity for residents to get to the back of their lots. Mr. Kuechle asked staff to show on the site map where the alley is located. Mr. Bolin stated the alley is off 53`� Avenue. It is a standard 12-feet wide alley and runs along the east side of the petitioner's property. A stipulation states that the alleyway will be connected to the University Avenue service drive cul-de-sac in order to get snowplows through there. Staff would also like to see some sort of small "hammer handle" turnaround. Staff would like to work with the engineering staff to determine the best spot to connect the alleyway with the cul-de-sac. Ms. Mau stated it appears that people are parking in the back and would need ccess to get to their properties. Mr. Kuechle asked who would be responsible for the improvement of the alley. Mr. Bolin stated the petitioner would be responsible. Dr. Vos asked why this would be. Mr. Hickok stated there is direct correlation between the improvement of the alley and improvement of the site. In order to screen the property from the residential area to the east, a privacy fence must be installed. If the fence is put up, it has eliminated the alley for the folks to the north and has eliminated the access for those folks in the middle. He City cannot just cut off access without requiring that it be re-established in a different manner. Staff has worked to have driveways paved throughout the City. In order for this to be an established alley, then it needs to be improved so that it can be maintained. It is to the petitioner's benefit as well because it provides for circulation, snow removal, and opportunity for police cruisers if necessary to circulate around the site. Dr. Vos stated it would be true that no one could come from the alley into this proposed site. There is no way someone could come down that alley and come into this service center. The only entrance is from the University Avenue service road. The petitioner will not have any entrance to his business from the alley. The alley would be most useful for the property owners to the east. Mr. Hickok stated that is correct. Mr. Bona stated he has been in the service station business all of his life. His father opened a service station in Columbia Heights on 40"' Avenue 49 years ago. He knows the business very well. He also knows what it is like to run this type of business in a 101 APPEALS COMMISSION MEETING SEPTEMBER 8 1999 PAGE 6 residential neighborhood. He is sensitive to the needs of the neighborhood. He believed he had done his homework. He has visited with the neighbors around the site with his plan in order to avoid confrontations or headaches down the road. He spelled out his plan to the neighbors and did not hear any opposition. He thought the plan went over favorably. One of the concerns of the neighbors was where the overhead doors would be located. Automotive repair shops have an impact with sounds associated with repair work. Neighbors did not want the doors facing the residential area. He feels the same way. Mr. Bona stated that in addition, he would like to maintain some continuity from building to building. He also owns the Amoco site. He is image conscious and wants to do the landscaping that will compliment this. He has attempted to improve the landscaping at the Amoco station as well and will try to tie this together. Image is important to him. He likes to keep things clean and organized. His resources are minimal. It is hard to keep a tidy house when resources are minimal, but he hopes that others have seen some of the changes that he has made in landscaping and in keeping what they have there in good order. He wants to do more of the same. Mr. Bona stated he believed the idea of moving the building forward would create a"eye jog" that would break up the unity that he thinks is important. The idea of creating hidden parking spots behind the building with the privacy fence, even if well lit, creates questions of what could go on back there. He would rather have a wide-open space. Mr. Kuechle thought it would be helpful to go through each of the variance requests and discuss them separately. The first request reduced the setback from 50 feet to 30 feet. He asked if that is 50 feet to the residents or 50 feet to the alley. Mr. Bolin stated this is 50 feet to the residential property starts or to the middle of the alleyway. Mr. Kuechle stated staff has no recommendation. He saw no reason to discuss that variance. The .second variance is to reduce the setback from 50 feet to 3 feet. He felt that the Commission would recommend denial of that request because the special use permit and rezoning� must be approved in order to carry out this project. If they are approved, this variance is not necessary. The third request to reduce the parking setback from 20 feet to 18 feet affects finro parking spaces. He felt there might be something the petitioner could do to open up the lot a little more. That would take care of the fourth variance request, 15 feet to 13 feet; the fifth, 10 feet to 9 fee� and the last one as well. Mr. Bona agreed. Dr. Vos stated that if the petitioner feels he can work with the parking stipulations and the second variance is mute, there really is only one variance remaining. Ms. Mau asked staff to show the plan with the reconfigured parking area. Mr. Bona stated he liked that idea. 102 APPEALS COMMISSION MEETING SEPTEMBER 8 1999 PAGE 7 Dr. Vos stated this proposal does have more hard surface area. Is that going to be a concern for water run-off? Mr. Hickok stated the plan would haVe to meet the grading and drainage requirements of the engineering department. Ms. Mau asked if the grading and drainage plans had been submitted. Mr. Hickok stated, no. Mr. Kuechle asked the petitioner for his comments regarding the stipulations. Mr. Bona stated he was okay with stipulations 1, 2, 3, 4, and 5. On stipulation #6, he was surprised to learn that he would have to pay for all of the alley improvements. He thought that the homeowners on one side paid for half and the owners on the other side paid for the other half. It was a surprise to him, but if it has to be, then that is the way it is. Ms. Mau asked if there were any options. Mr. Hickok stated there is not a formal policy on alleys. The City does have some unimproved alleys. However, the proposal is creating the need to improve the alley. Staff would not recommend at this point having homeowners go through the process of paving their unpaved driveways because of the impacts on storm sewer, etc. Staff would not recommend approval of an alley that is not improved to the standard that they would expect in any other instance. As long as folks are traversing it as they are, they do not have a policy. Once there is an improvement, then it needs to be the standard required. Dr. Vos asked who is required to maintain the improved alley. Mr. Hickok stated that once it is a public right-of-way that has been improved to a hard surtace standard, the City will plow. If it is an unimproved alley, the City does not. Dr. Vos asked, if it has to be re-paved, who is responsible. Mr. Hickok stated the initial paving is the responsibility of the developer. At the point of maintenance, that�is a very good question. All of the property owners are benefiting from the use. At that time, there would have to be discussion among those that are benefiting from the use of that improvement. Mr. Jones stated he thought this should be spelled out in stipulation #6 that the petitioner is responsible for the installation only, and that it would not carry forward to the maintenance. Otherwise, when it comes time to re-paving, it can be an easy assumption that it is the petitioner's responsibility. As it is, it is not elear why it would have to be the petitioner's responsibility to pave the alley. The issue is that someone has been driving through it even though it is a dirt path. They have not been driving in the right spot in the first place. They should have been driving down the alleyway. In 103 APPEALS COMMISSION MEETING SEPTEMBER 8 1999 PAGE 8 reality, when the petitioner puts in this business and puts up a fence, the likelihood of him getting any benefit out of that paved surface in the alley is zero. Mr. Hickok stated staff is not requiring the establishment of the loop near the cul-de-sac to enter into a private property debate befinreen adjacent property owners. Staff's understanding is that there is a private discussion going on befinreen the petitioner and a property owner who parks vehicles on their property. Staff s recommendation for the loop at the end of the cul-de-sac is for allowing the Public Works Department to have the ability to make the loop for snowplowing, and it affords an opportunity for the police to have access. This is a benefit to the property owner. There are trees in the alley. They would need to be cut down to access the alley from 53�d. Staff is not going to put that responsibility on those who use the alley, because the petitioner is required to put up a fence to separate themselves from the adjacent residential properties. If you put up a fence, you now cut off the use of that alley for certain property owners. For whatever reason, they have been given the ability to use that. Now they would be faced with the issue of not being able to get to their garages, which is not a desired outcome in this process. The petitioner needs to understand the need to establish an alley and, if established, it cannot be of a standard less than what the City would require. The benefit is that it is snowplowed and it eliminates traffic through their site. Mr. Kuechle asked if the loop is or is not a part of the requirement. Mr. Hickok stated the loop is part of the requirement related to the snow removal and police protection. Ms. Mau stated, if the surface is not bituminous, they should not be parking there anyway. Mr. Kuechle stated they had just discussed 7, 8, 9 is a standard requirement, and 10 is standard for lighting. Mr. Mau asked that regarding stipulation 11, if the petitioner had considered driving through the building rather than having the overhead doors. Mr. Bona stated that would be more of an economic burden than what they could handle. A drive aisle is a nonproductive portion of the building. He felt he could handle the overhead doors with architecture and berming. He would like to carry the architecture across the front of the building and make the overhead doors look more like storefronts by putting in colonial panels. He believed there are ways they could architecturally jazz that up to make it look less like overhead doors. If they carried the theme such as that shown on the first finro doors across the building, he thought it would achieve some of what the City is looking for. There are ways to work with architecture to combat the look of the garage doors. With the doors to the rear, finro neighbors were adamant about the doors not facing the residential area. Mr. Bona stated he was okay with stipulation 12. Stipulation 13 regarding the sidewalk easement seems like an easement for a sidewalk that goes nowhere. He would rather see more greenery. 104 APPEALS COMMISSION MEETING �FpTEMB R R �ggg PAGF 9 Mr. Bolin stated that is just an easement required 6y the code. If for some reason in the future the City decided to install a sidewalk, they would have the dedicated easement. Mr. Bona stated he was surprised by the requirement for the alteyway and having to give up some of their land for the easement. His attorney says there was no previous easement on this property. If this is something they have to do to make it work, they will have to do it. He was just surprised that he would have to relinquish a piece of land. Mr. Hickok stated he did speak with the petitioner's attorney. In that discussion, they did indicate there in no recorded easement. The City, however, feels it necessary to have an improved alleyway and to have access for residents, for snowplows and for police. Mr. Bona stated they will need to work out a solution. There is a portion of the alley that no one uses. Mr. Rodgers is the only one that requires the access. He wondered if they could provide the access for Mr. Rodgers off the cul-de-sac. Dr. Vos stated he thought the City's position was pretty clear that if you are going to put in an alley you need a loop. He would not approve an alley that is going to be a dead- end. It seems like this is a compromise solution to a complex problem. Mr. Kuechle asked how long the alley is. Mr. Bolin estimated the length to be 380 feet, or a total of 4.560 square feet. On the drawing, the loop is not drawn to scale. This would be a 12-foot wide connecting loop of the same width as the alleyway. Mr. Kuechle stated it is a significant expense to pave the alley. Ms. Beaulieu stated the northern portion of the property is zoned R-3, Multiple Family residential, and must be rezoned to what type of district. Mr. Bolin stated the property would be rezoned to C-2, General Business District. The zoning changes between Lots 23 and 24. Mr. Rodgers stated he parks in the alley. About 4-5 feet of his truck hangs over into the alley. He is not here to fight about this, but he does need an easement for accessibility for his garage. He presented a copy of his easement. Mr. Rodgers stated that as far as the trees, Mr. Bona should replace the big trees, 40 to 45 feet tall, that he cut down. That does not get made up by the 4-inch trees required to replace them. Mr. Rodgers stated there are enough filling stations already in Fridley. Do you want one on every corner? He knows there are weeds there, but he thought the City could come up with something better than another filling station. He had asked Mr. Bona if he wanted to sell a piece of the property. Mr. Bona does not want to do that, but to put up a wall so that Mr. Rodgers cannot get to his property. He offered to sell Mr. Bona his house to put a filling station there too. His truck is parked in the alley with the finro front 105 APPEALS COMMISSION ME�TING SFPTEMBER 8 1999 PAGE 10 tires on the alley. The other is a snowplow truck that he uses to maintain that alley because the City does not. He has spenf over $3,000 in gravel to upgrade the alley so his backyard stops washing away. Mr. Rodgers stated there are some people in the neighborhood who are not happy about this. He does not want the noise in his living room. There used to be a bit of a sound barrier there, now there is nothing. He would agree that he would love an improved alley with a nice fence and a nice building. Why does it have to be a repair shop and a gas station? Ms. Mau stated she was assuming that Mr. Rodgers would prefer to not have a service station there at all. Did he have any preference about the overhead doors? Mr. Rodgers stated he was not into overhead doors. If he parks his truck in front of his garage, the City does not like it. There are many working people in Fridley. They don't want anyone parking their truck in the front of the house. The back of his house faces University Avenue. Because Mr. Bona cut all the trees down, everyone can see what he does. He is required to put up six 4-inch trees to replace them. The area needs 40 to 50-foot trees. When there was construction done in the cul-de-sac for the electrical, they cut down big trees there, too. He does not approve of cutting trees down. He would rather see the tree be left to grow. Mr. Rodgers presented petitions from Mr. Fred Button, 5310, 4�' Street; Thomas Zandlo, 5334 4�' Street; Curtis and Marilyn Lindberg, 5353 4th Street; and himself who are opposed to this proposal. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to receive the petitions into the public record. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Jones stated that Mr. Rodgers had indicated that the proposal blocks the entrance into this garage. Mr. Rodgers stated it does not the way it is proposed, but that is not the way the petitioner said this was going to be. Ms. Beaulieu stated the property to the north is zoned such that they could build apartment buildings. This Commission is considering the variance request to reduce the rear year setback from 50 feet to 30 feet. Mr. Rodgers stated that is moving industry closer to houses. That is not right. He is opposed to the way this is set up right now. Mr. Hickok stated he had spoken with Mr. Rodgers about the trees. The six 4-inch or greater trees that are required are in addition to what would be required as a landscape plan on the site and to recognize that there were some trees removed from this site. While the 4-inch trees are larger than the 2.5-inch required in the landscape plan, it is a 106 APPEALS COMMISSION MEETING SEPTEMBER 8 1999 PAGE 11 more mature tree and would need to be spaded in. Beyond a certain size, trees cannot be transplanted. MOTION by Mr. Jones, seconded by Dr. Vos, to close the hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:54 P.M. Dr. Vos suggested they act on those requests for which they would recommend denial. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend to City Council denial of that portion of Variance Request, VAR #99-19, by Brian Bona, to reduce the setback from the adjacent residential district on the north side from 50 feet to 3 feet; to reduce the parking setback from any street right-of-way from 20 feet to 18 feet; to reduce the parking setback from an alley from 15 feet to 13 feet; to reduce the required parking space width from 10 feet to 9 feet; and to reduce the required number of parking spaces from 32 to 25; to allow automotive repair services on Lots 20, 21, 22, and 23, and a portion of Lots 24-30, Block 13, Hamilton's Addition to Mechanicsville, generally located at 5333 University Avenue. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle stated there are viable alternatives to these requests. Mr. Kuechle stated the remaining po�tion of the request deals with reducing the setback from 50 feet to 30 feet from the residential area. He asked for comments. Ms. Beaulieu stated she liked staff's plan. She drives down Osborne Road every day. The buildings look nice. The overhead doors are somewhere else. Until you see that, you don't know what a difference it makes. This is the entrance to Fridley. It will not line up and that is unfortunate. It is too bad that the existing Amoco station is not placed differently. Then the one neighbor stated he would prefer a distance of 50 feet. Staffs plan put the building 55 feet away versus 30 feet. She thought it would look better from University Avenue. Dr. Vos stated a petitioner requesting a variance needs to show a hardship. The petitioner needs to show why they would need to go within 30 feet of the back property line such as a hill or a drainage problem, etc. He did not hear a hardship that had anything to do with the property other than this is the way he wanted to configure it. Any time a variance comes, he looks for alternatives that allow the petitioner not to have a variance without violating the spirit or letter of the law. He would vote to deny the request because there are some other options and no hardship. Mr. Kuechle stated it is not quite that clear to him. It seems to him there are plenty of reasons to recommend the configuration as proposed, although there are valid points in staff's recommendation as well. Putting the doors on the back side will introduce more noise toward the residential area which would not be favorable. He would prefer putting the doors toward University Avenue. He believed and concurred with the petitioner that 107 APPEALS COMMISSION MEETING SEP T�MRFR 8 1999 PAGE 12 security would be enhanced by having more visibility and less isolation of cars being left overnight for service, etc. He felt the open doors could be mitigated by some architectural treatment; therefore, he would recommend approval of this portion of the request. Ms. Mau stated she is torn. She grew up in a family that owned a service station so she is aware of the noise. They put the doors to the back so they would not be visible from the street. As much as she does like staff s plan, given the noise as a factor, she has to agree with the doors facing preferably toward University and also for the reasons of security. It does make a difference. There are people who will find ways to break into cars. She would have to go with the better of two evils, and recommend approval for this portion of the request. Mr. Jones stated he liked staff s alternative. He also liked the suggestion of a drive-in. He was not sure what the economics were to have the building more enclosed and very few overhead doors. That is not an option on the table. The hardship that he sees is that the neighbors preferred having the doors facing University because of the noise issue. He has been in auto repair shops enough to know that there is noise. From that standpoint, noise is an issue. In the summer when it is hot, the doors are open so noise is an issue. He would vote in favor because he sees that as a hardship identified by the community. He would like to see a stipulation relating to the architecture on the front and the doors themselves. MOTION by Mr. Jones, seconded by Ms. Mau, to recommend to the City Council approval of Variance Request, VAR #99-19, by Brian Bona, to reduce the setback from the adjacent residential district on the east side from 50 feet to 30 feet; to allow automotive repair services on Lots 20, 21, 22, and 23, and a portion of Lots 24-30, Block 13, Hamilton's Addition to Mechanicsville, generally located at 5333 University Avenue, with the following stipulations: 1. All necessary permits shall _be obtained prior to the start of construction. 2, All grading and drainage plans shall be approved by City staff prior to the issuance of building permits. 3. A landscaping plan meeting all code requirements, plus an additional 6 large (4- inch caliper) trees to compensate for trees removed from the right-of-way by the � petitioner, shall be approved by City staff prior to the issuance of a building permit. Bonding requirement, to ensure the installation of landscaping, shall be met as required by Code. 4. No outdoor storage or displays shall be permitted on this site. 5. Site shall not be used to display cars for sale or storage of trucks for rent. 6. Alleyway east of property shall be restored and paved prior to issuance of building permits. Owner shall be responsible for installation of the alleyway, but not the future maintenance. etitioner shall 7. To ensure adequate circulation for fire, police, and snowplows, p dedicate a street easement and connect re-established alleyway to the University Avenue Service Road.�l blecomee null a dlvo d should SP #99-09 obZOA #99 04 8. Variances granted sha fail be granted. 9. All fencing shall be located entirely upon petitioner's own prope�ty. 1: -:.� APPEALS G�MMIS ION MEETING S PTEMBER 8 �qqo PA F 13 10. Any lighting on east side of building shali be downcast and shielded to minimize impact on neighboring residential area. 11. The number of overhead doors facing University Avenue shall be limited to the extent possible. West elevation of building shall be approved by staff prior to the issuance of building permits. Overhead doors facing University Avenue shall have their impacts mitigated through architectural treatment, such as recessed openings, full glass doors, and landscaping. 12. Parking area shall be screened from the right-of-way by a combination of berms and continuous plantings of at least 3 feet in height. 13. Code required 5-foot sidewalk easement shall be granted along the entire west edge of the property. 14. Petitioner shall comply with all County, State, and Federal regulations regarding disposal of fluids, batteries, and other materials. UPON A VOICE VOTE, MAU, KUECHLE AND JONES VOTING AYE, BEAULIEU AND VOS VOTING NAY, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED BY A MAJORITY VOTE. Mr. Bolin stated the City Council would consider this request on October 11. 109 � t p1Y OF PRIDLEY TO: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 WILLIAM W. BURNS, CITY MANAGER,�j �� r I� RICHARD D. PRIBYL, FINANCE DIItECTOR MECHELL TUROK, ASSESSMENT CLERK RESOLUTION ADOPTING THE ASSESSMENT FOR THE 1999 NUISANCE ABATEMENT October 5, 1999 Attached you will find the final assessment roll for the 1999 Nuisance Abatement along with the Resolution to adopt the assessment. The assessment includes 4 properties at a total cost of $4,820.62. The assessment will be certified for 1 year at an interest rate of 6.5%. RDP/mt Attachment 110 ,, RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR 1999 NUISANCE ABATEMENT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 1999 Nuisance Abatement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 2000, and sha11 bear interest at the rate of 6'/� percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution unril December 31, 2000. The owner of any property so assessed may, at any time prior to certificarion of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be chazged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Suchpayment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 111 NANCY J. JORGENSON - MAYOR ASSESSMENT ROLL FOR 1999 NUISANCE ABATEMENT Name PIN No. Actual Assessment Midland Mortgage Co. 03-30-24-42-0012 $2,565.94 Foreclosure Dept 195 79� Way P.O. Box 26648 Oklahoma OK 73126 Gerald Langendorfer 15-30-24-41-0043 $ 299.52 15 63`� Way 15 63'� Way Fridley MN 55432 Mellon Mortgage P.O. Box 2885 Houston, TX 77006 John Theis 03-30-24-23-0039 $ 457.50 532 Janesville Street Fridle , MN 55432 Roberta Moore 15-30-24-12-0072 $ 1,497.66 6755 East River Road Fridle , MN 55432 112 � � CfTY OF FRIDLEY TO: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11, 1999 WILLIAM W. BURNS, CITY MANAGER !� � �� RICHARD D. PRIBYL, FINANCE DIRECTOR MECHELL TUROK, ASSESSMENT CLERK RESOLUTION ADOPTING THE ASSESSMENT FOR THE 1999 SERVICE CONNECTION October 5,1999 Attached you will fmd the final assessment roll for the 1999 Service Connection along with the Resolution to adopt the assessment. We have also attached a copy of the signed Special Assessment Payment Agreement. The assessment is for one property, the Osbome Commerce Center LLP at 101-117 Osborne Road NE. The total cost of the assessment is $12,730.54. The assessment will be certified for 10 years at an interest rate of 6.5%. RDP/mt Attachment 113 RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR 1999 SERVICE CONNECTION WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 1999 Service Connection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of ten years, the fust of the installments to be payable on or before the first Monday in January, 2000, and shall beaz interest at the rate of 6'/� percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolurion unril December 31, 2000. To each subsequent installment when due shall be added interest for one yeaz on all unpaid installments The owner of any property so assessed may, at any time prior to certificarion of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be chazged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be chazged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taaces. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 114 NANCY J. JORGENSON - MAYOR 1999 SERVICE CONNECTION Name PIN No. Actual Assessment Touchstone Group III 10-30-24-11-0030 $12,730.54 LLP Osborne Commerce Center LLP 3610 County Road 101 101-117 Osborne Road NE Wa zata MN 55391 Fridle MN 55432 115 SPECIAL ASSESSMENT PAYMENT AGREEMENT �-- a� -9 � DATE I, QSbaanc �iM►n�e Cuc�.k 1 L Q the owner of the following described property LOT .S �. �v�,b �' ��1 1�i N� t o-30 -�( - I(-�o Z Hereby agree to pay in cash $� �a, r130. S� to the city of Fridley to cover my proportionate share of the utility system, or in lieu thereof agree to have the City levy an assessment against the property described above to cover the cost of my proportionate share of the utility system as provided in Section 2 of Ordinance No.113, passed by the Council of the City of Fridley on December 11, 1958. Tapping Permit No. �� M�i� w�artc�e � 5a� � � (�,-se�i � Mv�-n ,'-��L i�� 3�.00 � �i,9R��s� � la, �730,�� 116 � � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 11, 1999 CfTY OF FRIDLEY TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR MECHELL TUROK, ASSESSMENT CLERK SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 1999 WEED ABATEMENT DATE: October 5,1999 Attached you will fmd the fmal assessment roll for the 1999 Weed Abatement along with the Resolution to adopt the assessment. The assessment includes 14 properties at a total cost of $9,196.24. The assessment will be certified for 1 year at an interest rate of 6.5%. RDP/mt Attachment 117 RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR 1999 WEED ABATEMENT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 1999 Weed Abatement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each h�act of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annua( installments extending over a period of one yeaz, the first of the installments to be payable on or before the first Monday in January, 2000, and shall bear interest at the rate of 6'/z percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2000. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the yeaz in which such payment is made. Such payment must be made before November 15 or interest will be chazged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property taac lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal ta7ces. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 118 NANCY J. JORGENSON - MAYOR ASSESSMENT ROLL FOR 1999 WEED ABATEMENT Name PIN No. Actual Assessment Midland Mortgage Co. 03-30-24-42-0012 $ 455.29 Foreclosure Dept 195 79`� Way P.O. Box 26648 Oklahoma OK 73126 The Bank of New York 15-30-24-41-0092 $ 37.28 %The Money Store Ast 53 63 1/2 Way 83405811 4111 S Darlington Suite 300 Tulsa OK 74135 Central Dental Lab 23-30-24-31-0039 $ 910.58 5601 4`h Street 23-30-24-31-0040 Fridley, MN 55432 5601 4`� Street Scott Meland 5230 Red Oak Drive St. Paul, MN 55112 Oliver Erickson 24-30-24-21-0034 $ 101.18 6056 Woody Lane Fridley MN 55432 Gerald Langendorfer 15-30-24-41-0043 $ 153.10 15 63rd Way 15 63`d Way Fridley MN 55432 Mellon Mortgage P.O. Box 2885 Houston, TX 77006 119 _; ��. � - % 9 y� 9 - � liL- � v��l ``oW O � w ASSESSMENT ROLL FOR 1999 WEED ABATEMENT Name PIN No. Actual Assessment Paul & Charlotte E. Johnson 25-30-24-22-0010 $ 505.88 2891 N. Fairview Ave 52°d Ave. & Roseville, MN 55113 Central Ave. Frank & Margaret D'aigle 03-30-24-32-0117 $ 455.29 14252 55`'' Street 03-30-24-32-0118 Ro ers, MN 55374 650 Dover Street Keith T. & Diane Harstad 24-30-24-42-0059 $ 455.29 Harstad Companies 5539 Matterhorn 1900 Silver Lake Road Drive New Bri hton MN 55112 Anna Marie Houston 15-30-24-41-0021 $ 455.29 165 14 Avenue NE 6403 Ashton M ls MN 55413 Avenue Wydell W.& Forcelle Habig 12-30-24-22-0017 $1, 365 . 87 13802 Pierce Street Vacant Lot on Anoka MN 55304 Baker Street Holiday Companies 24-30-24-32-0001 $ 63.90 Dave Hoeschen 24-30-24-32-0002 Director of Real Estate 24-30-24-32-0004 P.O. Box 1224 5695 Hackmann M ls. MN 55440 Ave. Catherine Moss 13-30-24-22-0006 $ 148.29 1021 Rice Creek Terrace Fridley, MN 55432 ASSESSMENT ROLL FOR 1999 WEED ABATEMENT Name PIN No. Actual Assessment Maynard & Elaine Neilson 15-30-24-44-0022 $ 365.92 7144 Riverview Terrace 15-30-24-44-0023 365.92 Fridley MN 55432 15-30-24-44-0024 365.92 15-30-24-44-0033 365.92 15-30-24-44-0034 365.92 15-30-24-44-0035 365.92 15-30-24-44-0037 365.92 15-30-24-44-0038 365.92 15-30-24-44-0040 365.92 15-30-24-44-0041 365. 91 15-30-24-44-0042 365.91 61S` through 62°d $4,025.10 Wa at Ashton 121 � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 11, 1999 CRY OF FRIDLEY INFORMAL STATUS REPORTS 122