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03/25/2002 - 4728�.. � una FRIaEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Manday, Manch 25, 2002 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS � _-�� � �c;��r' � �� -- �Z�` L%;�h��.r�s�� (��.—1 � =��,-- ���!��.1� +� , �� � � � � �� v"✓1 ` ' _> S `� .� � � ITEM NUMBER 0 � � CITY COUNCIL MEETING OF MARCH 25, 2002 CfTY OF FRIDLEY � The City of Fridley will not discriminate against or hazass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, - national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3�00 at least one week in advance. (TTD/572-3534) � PLEDGE OF ALLEGIANCE. PROCLAMATION: Child Abuse Prevention Month — April, 2002 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 25, 2002 City Council Meeting of March 4, 2002 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of March 6, 2002 ..................... — ............................................................. 1 0 FRIDLEY CITY COUNCIL MEETING OF MARCH 25, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Variance Request, VAR #02-05, by Unity Hospital, to Increase the Size of Wall Signs in a Residential District, Generally Located at 550 Osborne Road N.E. — .............................................................................. 4 11 3. Receive Bids and Award Contract for the 2002 Street Improvement (Sealcoat) Project No. ST. 2002 — 10 ........................................................................................... 12 —14 4. Receive Bids and Award Contract for the Sanitary and Storm Sewer Lining Project No. 345 ....................................................................................................... 15 — 18 5. Resolution Approving Renew,al of Public School Inspection Agreement Between the City of Fridley and the State of Minnesota ....................................................... 19 — 22 6. Appointment — City Employee ..............................:........................................... 23 7. Claims ....................................................................................................... 24 8. Licenses ....................................................................................................... 25 - 27 0 0 Y � FRIDLEY CITY COUNCIL MEETING OF MARCH 25, 2002 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: 9. Consideration of an Intoxicating Liquor License for MN Sean Co., d/b/a Sean's Grille, (formerly known as K.J.'s Restaurant and Bar) Generally Located at 8298 University Avenue N.E. (1Nard 3) ............................................................. 28 - 29 NEW BUSINESS: 10. Preliminary Plat Request, PS #02-01, by Minikahda Mini-Storage (Ulteig Engineers), to Consolidate Three Separate Parcels and Create Two Simple Legal Descriptions .................................................................................. 30 — 33 - -- 1. eappointments to City Commissions ............................................................... 34 — 35 � � � 12. Informal Status Reports ..................................................................................... 36 , ADJOURN. .. _ CITY COUNCIL MEETING OF MARCH 25, 2002 .. - � � QT`f OF fR1DlEY The City of Fridley will not discriminate against or hazass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national oriain, sex, disability, age, marital status, sesual 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 sen•ices, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities w�ho require au:ciliary aids should contact Roberta Collins at 572-3�00 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Child Abuse Prevention Month — April, 2002 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 25, 2002 City Council Meeting of March 4, 2002 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of March 6, 2002 ................. 1- 3 ��.,��� 2. Variance Request, VAR #02-05, by Unity Hospital, to Increase the Size of Wall Signs in a Residential District, Generally Located at 550 Osbome Road N.E . ............. 4-11 � n APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Receive Bids and Award Contract for the Sanitary and Storm Sewer Lining Project — No. 345 ................................... 1 1 �CC.�,F-�-e� � � 1 � 5. Resolution Approving Renewal of Public School Inspection Agreement Between the City of Fridley and the State of Minnesota .................................. 19 — 22 �'-�-�-�� ��- � � � -��' -�- 6. Appointment — City Employee ......... 23 �c�� ��-e � 7. Claims ................................... 24 C������� 8. Licenses ........................... i��J�---� ADOPTION OF AGENDA. 25 - 27 3. Receive Bids and Award Contract for the 2002 Street Improvement (Sealcoat) Project No. ST. 2002 —10 ............ .............. 12 —14 OPEN FORUM, VISITORS: Consideration of items not on ��� �� Agenda —15 minutes. ° �� ��rr�� FRIDLEY CITY COLT�ICIL NIEETI�tG OF vLARCH 25, 2002 PUBLIC HEARING: 9. Consideration of an Intoxicating Liquor License for MN Sean Co., d/b/a Sean's Grille, (formerly known as K.J.'s Restaurant and Bar) Generally Located at 8298 University Avenue N.E. (Ward 3) .................................. 28 - 29 .,��-t- �� �� ��� %� NEW BUSINESS: 10. Preliminary Plat Request, PS #02-01, by Minikahda Mini-Storage (Ulteig Engineers), to Consolidate Three Separate Parcels and Create Two Simple Legal Descriptions ................. 30 — 33 �� 11. Reappointments to City Commissions ................................... 34 — 35 J�-P-�'�-��c`<�t4�-�'� � �� G�UL �i.t-e�Q-k- ��-4.-t.�� . ✓� 12. Informal Status Reports ..................... 36 ADJOURN. .. . - P�GE 2 ='= =1= _► _, Cf�I1D A13US£ PR£V£NTION MONTfI A�rt, zooz �� WHEREAS, child abuse prevention is a community problem, and finding solutions depends on involvement among people throughout the community; and WHEREAS, the effects of child abuse are felt by whole communities and need to be addressed by the entire community; and WHEREAS, effective child abuse prevention succeeds because of parrnerships created between parents, practitioners, schools, faith communities, health care organizations, law enforcement agencies, and the business community; and WHEREAS, family-serving, youth focused prevention programs offer positive alternatives for young people and encourage parents and youth to develop strong ties to their communities; and WHEREAS, all citizens need to be more aware of child abuse and neglect and its prevention within the community, and be involved in supporting parents to raise their children in a safe, nurturing sociery. NOW, THEREFORE, BE IT RESOLVED that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the month of April, 2002, as: C�ILD ABUS£ PR£1/�NTION MONTH in the City of Fridley, and call upon all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in efforts to prevent child abuse and neglect, thereby strengthening the community in which we live. IN WITNESS WHEREDF, I have set my hand and caused the seal of the City of Fridley to be a�xed this 25th day of March, 2002. Scott J. Lunci, Mayor THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 25, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe MEMBERS ABSENT: None. PROCLAMATION: Read Across Fridley Day - March 1, 2002 Mayor Lund read and issued a proclamation proclaiming March 1, 2002, as Read Across Fridley Day. Mr. Greg Rosholt, a member of the Fridley School Board, sta.ted that it is not what you read, it is that you do read. There are many kids struggling with reading and this will hopefully get everyone excited about reading. Ms. Becky Beck, Media Specialist at Fridley Middle School, stated that March 1 is Read Across America Day in honor of Dr. Seuss's birthday. The Fridley School District decided to take a whole week to promote reading and talk about its importance. On Wednesday, some community leaders will read to homeroom students. On Thursday and Friday, author Michael Dahl will be at the Middle School. He has written quite a few books for middle school age students and will be at the Middle School on Thursday morning and Friday afternoon with a book signing for students. He actually went to Fridley Middle School when he was in 7`� grade. She said that "Stop, Drop and Read" will be on Friday from 2:00 p.m. to 3:00 p.m. _.. _ APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25. 2002 PAGE 2 APPROVAL OF MINUTES: City Council Meeting of February 1 l, 2002. APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 6, 2002: RECEIVED THE MINUTES FOR THE PLANNING COMIVIISSION OF FEBRUARY 6, 2002. 2. RESOLUTION NO. 18-2002 APPROVING A SUBDIVISION, LOT SPLIT, LS #02-01, TO CREATE AN ADDITIONAL SINGLE FAMILY PARCEL, GENERALLY LOCATED AT 6831 EAST RIVER ROAD, (BY JERRY THOMPSOl� (WARD 3): Mr. Burns, City Manager, stated that the Planning Commission recommended approval of this resolution at their meeting on February 6. Staff recommended and we recommend Council's concurrence subject to the following six stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Petitioner to pay $750 required park fee for the newly created lot prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 6. The Petitioner shall agree to preserve mature trees to the extent possible. All trees � required to be removed for the new home shall be marked and approved by City staff prior to issuance of building permits. ADOPTED RESOLUTION NO. 18-2002. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 3 3. 4. � APPROVE THE 2002 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA: Mr. Burns, City Manager, stated that this agreement is renewed annually. The agreement establishes the terms by which SCORE funds can operate residential recycling assistance and those terms have not changed since last year. The agreement provides that we can receive up to $71,737.60 which is about four percent (4%) less than what we received in 2001. Staff recommended Council's approval. APPROVED 2002 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM. RESOLUTION NO. 19-2002 APPROVING RECYCLING SERVICE FEES: Mr. Burns, City Manager, stated that this includes an increase in recycling fees. Staff recommended a 4.2 % increase in the City's recycling fee to accommodate the increase of cost for hauling for recyclables as well as to offset the loss of SCORE funds. ADOPTED RESOLUTION NO. 19-2002. APPROVE LETTER TO GOVERNOR VENTURA IN SUPPORT OF STATE RESTRICTIONS ON THE SALE OF PHOSPHORUS LAWN FERTILIZERS; and RESOLUTION NO. 20-2002 RELATING TO RESTRICTIONS ON THE USE AND SALE OF PHOSPHORUS LAWN FERTILIZERS: Mr. Burns, City Manager, stated that the letter is addressed to Governor Ventura and the resolution is for the State Legislature. Shorewood and thirly-six other municipalities have passed a resolution requesting state legislation restricting phosphorus in lawn fertilizers. These cities want restrictions due to the impact phosphorus has on algae growth in local bodies of water. They contend that Minnesota soils do not need phosphorus in lawn fertilizers. The bill has been signed in committee and has been heard in the Senate. - ADOPTED RESOLUTION NO. 20-2002. 6. RESOLUTION NO. 21-2002 AUTHORIZING EXECUTION OF AN AMENDMENT TO LOAN AGREEMENT AND A SUPPLEMENTAL TRUST INDENTURE FOR SEIVIOR HOUSING REVENUE BONDS: Mr. Burns, City Manager, stated that the amendment corrects references to certain sections in the indenture as well as the monthly deposit amount. It also reverses the order of 9`�' and l Oth items paying out of the revenue fund. The Wedum Foundation will be the FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 4 manager of the housing project. Rick Pribyl, Finance Director, reviewed the changes with the City's Bond Council. Staff recommended Council's approval. ADOPTED RESOLUTION NO. NO. 21-2002. 7. RESOLUTION NO. 22-2002 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR ITALIAN AMERICAN FOUNDATION CLUB (MAIN EVENT, 7820 UNIVERSITY AVENUE N.E.)(WARD 3): 0 Mr. Burns, City Manager, stated that this is for a pull-tab operation at the Main Event. The renewal will become effective on July 1, 2002, and expire June 30, 2004. Staff recommended Council's approval. ADOPTED RESOUTION NO. 22-2002. 8. RESOLUTION NO. 23-2002 RATIFYING FIREFIGHTER RELIEF ASSOCI- ATION BYLAW AMENDMENT: Mr. Burns, City Manager, stated that this is a technical change that would accommodate the State Auditor's office. It does not affect the financial obligation to the City. The change would establish credited months of service rather than weeks of service for firefighter pensions. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 23-2002. 9. RECEIVE BIDS AND AWARD CONTRACT FOR THE 2002 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 344: Mr. Burns, City Manager, stated that the project includes remedial sidewall repair, repair of concrete street panels, and repair of concrete curb maintenance. The low bidder is Ron Kassa Construction of Elko, Minnesota, in the amount of $63,501.25. The bid is within the budget. The contractor has done very good work for us in the past few years. Staff recommended Council's approval. RECEIVED BIDS AND AWARDED CONTRAC�' FOR THE 2002 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 344 TO RON KASSA CONSTRUCTION. . 10. APPROVE CONTRACT FOR CLEA1vING SERVICES BETWEEN THE CITY OF FRIDLEY AND CORPORATE CLEANERS: Mr. Burns, City Manager, stated bids were received from nine companies for cleaning services for the Municipal Center and garage. The low bidder was Corporate Cleaners, Inc., of Andover, Minnesota. The amount of the bid was $30,416.40 per year. Staff FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 5 recommended Council's approval of a contract for cleaning services with Corporate Cleaners. APPROVED CONTRACT FOR CLEANING SERVICES. 11. CLAIMS: APPROVED CLAIM NOS.103907-104077. . 12. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda as presented. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No visitors in the audience spoke. OLD BUSINESS: 13. ORDINANCE NO. 1164 AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO EXTERIOR STORAGE REQUIREMENTS: Mr. Hickok, Community Development Director, stated that a public hearing was held on September 17, 2001. Approximately 16 people spoke at that hearing. The Planning Commission held a public hearing on January 2, 2002. They gathered further information from audience members and staff. Their motion to recommend approval of the ordinance change was passed by a 5 to 1 vote. Residential properties would be able to have boats, non-motorized camping trailers, and utility trailers, in the front yards on a hard surface and na portion of the said trailer shall extend closer than 15 feet to the back of the curb on the property. In no case shall the trailer encroach public right-of-way. In addition, boats, non-motorized camping trailers, utility trailers, are not required to be on a hard surface in side or rear parts of the yard. Council held an additional public hearing on January 28, 2002. The first reading of this ordinance was on February 11. Councilmember Bolkcom stated that they received a letter from the Mackelberg family. MOTION by Councilmember Bolkcom to receive the letter. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Margazet Mackelberg, 425 Rice Creek Boulevard, stated that the Council has done many positive things in Fridley and they are proud of Fridley. She asked why the City Code was being changed. She said the City was taking a step backwards. She felt that the City is opening Pandora's box and once the lid is off it will be difficult to put back on. Once one person leaves a camper, boat, or camper on the yazd, how many more are going to take the lead and leave their trailer vehicles on the driveway or add hard surfaces to their existing driveway to provide more area for storage? The ordinance creates more storage area in the front yard. Surveys state people say it is taking quality time away from the family to go pick up the trailer vehicle. She said she was not against family quality time. She said that when you start taking shortcuts quality suffers. She believes this should not be amended and that it should be left the way it is. Mr. Gerald Mackelberg, 425 Rice Creek Boulevard, asked if a homeowner would be able to pazk one, two, or three trailers, or more on their property or driveway at one time. Mayor Lund stated that they can park as many as the driveway would allow. Mr. Mackelberg asked if you can put in a three-car driveway to have more hard surface? He asked if there was a limitation to the hard surface in a front yard. Mr. Hickok stated that there is no magic number, but the code states that the area between the hbuse and the street is to be covered with seed or sod with the exception of the area used for garage surface. People have asked if they could pave the whole front yard. Staff has emphasized that aesthetics should be kept in mind. People have a reasonable judgment of paving the front. Councilmember Bolkcom asked if the old code states that someone could park three trailers in the side yard or the back yard? Mr. Hickok stated that was correct. Councilmember Bolkcom stated that the difference is that they can now park them in the driveway. _ __ _ Mr. Mackelberg asked if the homeowner could keep a snowmobile and boat trailer on his or her driveway year round? We could have snow covered boats in the front yard in January and dust covered snowmobiles on the driveway in July. Mr. Hickok stated that was conect. Mr. Mackelberg asked if the homeowner could store home renovation debris or salvage materials in a trailer for two or three months until it is fully loaded to take it to a landfill or cabin. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 7 Mr. Bolin, Planning Coordinator, stated that there are things that other codes would prohibit. Mr. Mackelberg asked if kitchen cabinets can be taken out of the house during the night and covered and stored in a trailer. Mayor Lund stated that if the trailer could be viewed from the right-of-way, that would involve code enforcement. Mr. Mackelberg asked about code enforcement if no one knew the cabinets were there. Mayor Lund stated that it would be out of sight, out of mind. Mr. Hickok stated that is common practice to contact folks about items stored in a trailer, even if the trailer is properly stored on the side of the home. Mr. Mackelberg stated that all vehicles need to have current licenses if stored on the driveway. He asked if the license requirement applied to trailers and cars. Mayor Lund stated that the code would still be adhered to. Mr. Mackelberg asked if it was true that trailers would need to be fully mobile? Mr. Hickok stated that is where other sections of the code would come in. NIr. Mackelberg asked if another community had more strict regulations, and a friend parked his trailer in his driveway, would that meet code? Mr. Hickok stated that it would meet code. It is likely that enforcement would be difficult and the impact on a friend's driveway is no different than the impact of your own boat in the driveway. Mayor Lund stated that we looked at other municipalities and Fridley was more restrictive. Mr. Mackelberg stated that they liked that. He said he did not think there was anything wrong with having a high standard. Mayor Lund stated that this may be good for the City. Mr. Mackelberg stated that many different colored tarps will be used to cover these things up. What would you do if you thought something was unsightly? Mayor Lund stated that residents could contact himself, the City Council and City staff. Unless there is something that is in the Code that includes it, we have to live and let live. People are going to be neighborly and keep up the yard and appearance with or without a trailer. Ms. Mackelberg stated that is an assumption but there is about 2 percent who do not. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 8 Mr. Mackelberg stated that there was a resident survey. One-half of the residents stated that they thought trailers were fine in the driveway and the other half did not. Councilmember Wolfe stated that 47 percent stated that they were in support of the vehicles in the driveway. Mr. Mackelberg stated that in his graduate statistics class he learned that if you have 250 people stating it is good and about 250 people stating it is not, would say no, you cannot take that random survey and apply it to the general population of Fridley and say that half want it and half do not. He is hoping people are not saying that half people care and half people do not care because that is not an accurate statement. Laws and polls are not necessarily written for the majority of people who may use common sense, good judgment, or maintain pride in their home, neighborhood, or community. Laws and polls require everyone to perform to an acceptable standard. We need to develop a code that contributes value in our City to the same high standard applied to commercial properties and other developments. Mayor Lund thanked them for the valid concerns and points. Mr. Roger Stene, 870 Pandora Drive, stated that he has had as many as five camping trailers or recreational equipment on his property and stored outside. He has never had a complaint from a neighbor to the City, but has heard complaints verbally to himself. He had sheet metal thrown at his camper and had dogs do damage. He finally brought them inside. He is being a good neighbor and his property looks good. I�e sees too much improper storage in Fridley. He asked what a utility trailer was. His camping pull-behind trailer is 13 feet with a 1,000 pound hitch that can be pulled by a four cylinder car. There should be a limitation on the hitch size of what can be parked. This would eliminate the large construction trailers and bring it down to something more reasonable. He had a camping trailer for five years without a license. That should also be monitored. Parking all over the yards should be monitored as extended families would fit easily in a parked camper on the driveway. Parking close to the house is dangerous because of the fuel danger. Campers should be parked 12 feet away like from the house. Using the wrong extension cord to plug the refrigerator in may cause fire damage. His vehicle had the equivalent of 2,731 gallons of gasoline. He asked if Council was going to allow a camper ten feet from someone's bedroom with all that gasoline without an inspection. He has safety concerns and now with the possibility of storms plus the residing being done to homes, he feels it makes it more dangerous. Mayor Lund stated that with current code trailers can be parked on the side yard. Mr. Stene stated it should be redone and relooked at. On Mississippi Street, there is a semi- trailer parked on the grass by the side of a house. These rules are not being enforced. There should be a conformance code for these vehicles. The vehicles should checked to make they are owned by the owners of the home. There are many townhome developments, and many of the homeowners store their boats in their parents' yards. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 9 Councilmember Wolfe stated that if they stop people with colored tarps then they should start telling people how to paint their house. These are all worst case scenarios and Fridley is known for wonderful neighbors. No matter what we do with the code, someone is not going to like it. Mr. Mackelberg stated that in his neighborhood there are 40 homes. There are 17 with recreational vehicles. Right now they are not intrusive to anyone and he does not see what the problem is. Councilmember Barnette asked if that was also true in the summer. Mr. Mackelberg stated that he does not think they are in the driveway in the summer. Councilmember Bolkcom stated that she does not see any difference between a side yard and a driveway. Side yards are� not often paved and it can be detrimental to property. Her neighbor (deceased) could not park his beautiful camper in the side yard due to a hill but had the longest driveway but could not park it there either. He came for a variance and it was voted down. We are treating two groups of people differently. Everything has to do with being a good neighbor. There is no way we could enforce the codes every day and we count on people to be fair. If a neighbor has a trailer in their yard and the tarp is flapping, discussion between the neighbors would hopefully work out a resolution. Mr. Stene stated that townhomes have rules for matching storm doors and colors. We do not have that in Fridley. Councilmember Wolfe stated that he is not talking about townhomes. In Blaine, the new development by the golf course has the stipulation that all homes can only be beige or gray. Do we want to give people the freedom of choice? Some people say they cannot afford to store their campers or boats in separate storage. Mr. Stene stated if people can afford to buy this stuff, they should be able to house it appropriately. He has a special use permit to drive on his single car driveway to go into his garage and we should consider refunding his money if we aze going to allow driveway parking. Councilmember Barnette stated that this issue has been the most common. Very seldom do any neighbors complain about this. If you had an 18-foot motorhome, you could pazk it in your driveway. An 18-foot trailer was illegal and that did not make much sense. He looked on Monday to see if there were many boats or anything in people's driveways and did not see many. There were a number on the side yards. Fridley is very restrictive with this ordinance and this is an issue with fairness and friendliness. People in Fridley have been good neighbors. He does not know if we could ever limit the colors of tarps. If this proves to be a terrible problem we can revisit it. Mr. Stene stated that his concern is with the parking of commercial vehicles and people living in them. A utility trailer needs to be defined and that is why there should be a limit of a 1,000 pound hitch. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 10 Councilmember Barnette stated that there are issues with commercial trailers and storage of household items, but that comes under another ordinance. Mr. Stene stated that he is talking about home-operated businesses in Fridley that have not been enforced. Parking is not enforced for the plows either. Mr. Burns stated that extended families moving into trailers are addressed under different ordinances. Mr. Hickok stated that he would have to research that issue. It has not been a big problem so far Mr. Stene stated that his ex-wife stayed in his camper when she visited. Mr. Jim Reisner, 6424 Pierce Street, stated that he appreciates the work done, and it is a good deal. He does not think this would be a problem. He has not seen many campers out much after Labor Day. Mayor Lund stated that he has not been as favorable to this ordinance but has accepted it and hopes people will continue to be considerate and neighborly. If we hear many complaints about tarps and trailers and it becomes a problem, Council can visit this issue again. MOTION by Councilmember Bolkcom to �vaive the second reading and adopt Ordinance No. 1164 on the second reading and order publication. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, COUNCILMEMBERS BOLKCOM, WOLFE BARNETTE, WOLFE, AlYD MAYOR LUND VOTED IN FAVOR OF THE MOTION. COUNCILMEMBER BILLINGS VOTED AGAINST THE MOTION. MAYOR LUND DECLARED THE MOTION CARRIED. 14. RESOLUTION NO. 9-2002 AUTHORIZING THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO CARRY OUT A SPECIAL PROJECT TO DISPOSE OF COUNTY-OWNED EXCESS RESIDENTIAL PROPERTY LOCATED IN FRIDLEY (TABLED JANUARY 28, 2002): Mr. Hickok, Community Development Director, stated that there were questions raised on this issue. One was regarding demolition versus resale of the property.- --There were a number of properties that were borderline and if they crossed over the right-of-way they were purchased. Residents were given an opportunity to decide if they wanted to keep the home with a dirninished side yard or sell. Many resolved their issue by taking some sort of compensation for a reduced side yard. The properties that did not fit were the seven properties before you this evening. The County HRA will take those properties held by the Highway Department if this Resolution passes and the HR.A will manage the properties most appropriately. The County HR.A needs City Council approval to operate in the City of Fridley. They ask Council's permission to sell these homes. 8180 East River Road (the side yard was reduced to 8.58 feet); 8200 East River Road (side yard was reduced to 9.9 feet); 510 Janesville (side yard was reduced to 12.54 feet); 641 Hugo (reduced to 3.63 feet); 8114 Fairmont (reduced to 8.58 feet); 8114 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 11 Fairmont Circle (two setbacks reduced on the side yard to 5.61 and the front yard to 17.56 feet); and 7948 East R.iver Road (side yazd reduced to 17.49 feet). This will address the deficiencies on each property. Councilmember Bolkcom asked if there were any variances given to similar properties. Mr. Hickok stated that east of Highway 65 a cross street was never installed and there is a side yard setback on a garage that is less than that. If that street was installed they would be in the same situation. Councilmember Bolkcom asked if there were some that were in the 8 to 10 feet range. Mr. Hickok stated that there were. Councilmember Barnette asked if the house on Hugo was boazded up and if the other six houses are inhabited. Mr. Hickok stated that the Hugo house is boarded up and not all the houses are inhabited. Mr. Burns asked if some were rented out. Mr. Hickok stated that some have been rented out. Councilmember Bolkcom stated that she is satisfied with the resolution. Mayor Lund stated that Councilmember Billings had some reservations. Councilmember Billings stated that he just wanted to make sure the questions were asked and answered. MOTION by Councilmember Bolkcom to adopt Resolution No. 9-2002. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. NEW BUSINESS: 15. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated she would like to discuss pre-Council meeting agenda items after the meeting. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 12 ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE FEBRUARY 25, 2002, CITY COUNCIL MEETING ADJOURNED AT 8:54 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary � Mayor , � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 4, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked Mr. Burns if Item No. 5 should have the corrected insertions approved in addition to the resolution. Mr. Burns asked Mr. Knaak, the City Attorney, if the typographical error on the second page of the resolution should be corrected. Mr. Knaak stated that it should be reflected in the record at some point. Councilmember Bolkcom stated that she would like Item No. 5 removed from the consent agenda and placed on the regular agenda. MOTION by Councilmember Barnette to approve the proposed consent agenda as amended with Item No. 5 removed. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. -- - NEW BUSINESS: l. SET A PUBLIC HEARING FOR APRIL 8, 2002, TO CONSIDER A REQUEST TO TRANSFER THE INTOXICATING LIQUOR LICENSE FOR SPIKERS GRILLE & BEACH CLUB (7651 HIGHWAY 65 N.E.) (WARD 2): Mr. Burns, City Manager, stated that this is to set a public hearing for April 8, 2002, to consider a request to transfer the liquor license for Spikers to Minnesota Sports Federation. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 PAGE 2 SET A PUBLIC HEARING FOR APRIL 8, 2002. 2. RESOLUTION NO. 2�-2002 IN SUPPORT OF AN APPLICATION FOR MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR KNIGHTS OF COLUMBUS, 6831 HIGHWAY 65 N.E. (WARD 2): Mr. Burns, City Manager, stated that this is a renewal of the pull-tab license for Knights of Columbus. The term of the new license would run from June l, 2002, to May 31, 2004. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 25-2002. 3. RESOLUTION NO. 25-2002 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: PEDESTRIAN BRIDGE REPLACEMENT PROJECT NO. 341 (GENERALLY LOCATED AT 6431 UNIVERSITY AVENUE N.E.) (WARD 1): Mr. Burns, City Manager, stated that this project provides for the replacement of a pedestrian bridge in the same configuration as it existed before it was destroyed by a garbage truck last year. The City will also install an advance warning crossbar over the road on both sides of the bridge. All costs associated with the bridge replacement will be passed through the insurance carrier of the sanitation company responsible for the demolition of the bridge. ADOPTED RESOLUTION NO. 25-2002. 4. RESOLUTION NO. 26-2002 APPROVING AND AUTHORIZING SIGNING AN AGREEMENT FOR POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2002 AND 2003: Mr. Burns, City Manager, stated that this agreement provides for a four percent (4%) cost of living adjustment for 2002 and two adjustments of two percent (2%) in 2003. It provides for compensation for time worked by Field Training Officers. The City also agrees to continue to research and discuss the viability and options for post-retirement health care under the plans recently promoted by the Minnesota State Retirement System. The agreement also pledges the City will research new options for scheduling police officers for court time and reporting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 26-2002. 5. RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR OCTOBER THROUGH DECEMBER, 2001: Mr. Burns, City Manager, stated that the adjustments were made as a result of unforeseen revenues and expenditures. There is $38,237 in revenue and expenditure adjustments for FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 PAGE 3 the General Fund. There is $33,930 in revenue and expenditure adjustments in the Capital Improvements Fund to be spent to upgrade the railroad crossing on 77`� Way. A revenue adjustment of $30,335 was transferred from the General Fund as a budget expenditure to cover the City's portion of grant funded employees' salaries and benefits. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. APPOINTMENT TO PLANNING COMMISSION: Mr. Burns, City Manager, stated that this is a motion to appoint Brad Dunham to the at- large vacancy on the Planning Commission. Mr. Dunham is a resident of Fridley. He applied for the vacancy on the Planning Commission created by the resignation of Connie Modig. Staff recommended Council's approval of this appointment. APPOINTED BRAD DUNHAM TO THE PLANNING COMMISSION. 7. CLAIMS: APPROVED CLAIM NOS. 104078-104215. 8. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda as amended with the addition of Item No. 5. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No visitors in the audience spoke. PUBLIC HEARING: 9. CONSIDERATION OF AN OFF-SALE 3.2% MALT LIQUOR LICENSE FOR 21 CENTURY FOOD & FUEL, INC., GENERALLY LOCATED AT 7883 EAST RIVER ROAD N.E.(WARD 3): MOTION by Councilmember Bolkcom to waive the reading of the public heaxing notice and open the public hearing. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:37 P.M. Mr. Burns, City Manager, stated that Mr. Xia Yang is here representing the 21S` Century Food and Fuel, Inc. He stated that the store on the east side of East River Road was once a shopping center. It has had a 3.2% malt liquor license. Mr. Yang has acquired the store and established a new license with ownership of the store. Mr. Yang's application has been reviewed by the Police Department and his references have been checked. Staff recommended approval of the liquor license. Mr. Yang, 533 Jessamine Avenue East, St. Paul, stated that this is the first time he has applied for a liquor license. He does not drink much himself. He has been looking for a gas station for the last couple of yeazs. -He has owned a convenience store in St. Paul for six months. The previous owner was related to his uncle's wife and that is how he got permission to buy the store. He wants to be a part of Fridley's business because it is a quite place with good neighborhoods. Councilmember Bolkcom stated that this is a 3.2% malt liquor license. The rules are clear as to who he can sell it to, and the police do spot checks on different stores to make sure they are in compliance with the rules. Mr. Yang stated that he is aware of the rules. Councilmember Bolkcom welcomed Mr. Yang to Fridley. Mr. Yang thanked Council. Mr. John Maloy, 8051 Broad Avenue, stated that he lives close by the store. He would like to state that he has no objections with this liquor license. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:42 P.M. 5. RESOLUTION NO. 27-2002 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR OCTOBER THROUGH DECEMBER, 2001: Mayor Lund stated that this was removed due to a typographical error in the resolution. MOTION by Councilmember Bolkcom to receive a corrected copy of the resolution. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 PAGE 5 MOTION by Councilmember Bolkcom to adopt the Resolution No. 27-2002 as amended. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. � 10. INFORMAL STATUS REPORTS: - Councilmember Bolkcom stated that the Home Remodeling Fair had the same amount of traffic as last year. There was a lot of information available if you are interested in remodeling. Mr. Burns, City Manager, stated that Grant Fernelius worked particularly hard on this event. Councilmember Barnette stated that the caucus is Tuesday, March 5, 2002, at 7:00 p.m. Councilmember Billings stated that if people have questions on the caucus, they should call City Hall for information. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MARCH 4, 2002, CITY COUNCIL MEETING ADJOURNED AT 7:46 P.M. Respectfully submitted, Signe L. Johnson Recording Secretary c Scott J. Lund Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING. MARCH 6, 2002 CALL TO ORDER: Chairperson Savage called the March 6, 2002, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Dean Saba, Barbara Johns, Leroy Oquist Members Absent: David Kondrick, Larry Kuechle Others Present: Stacy Stromberg, Planner Michael Cannon, Ulteig Engineering, Inc. Richard Dogin, Minikahda Mini-Storage APPROVE THE FEBRUARY 6 2002 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Saba to approve the February 6, 2002, Planning Commission meeting minutes as presented. Seconded by Mr. Johns. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUB�IC HEARING: Consideration of a Preliminary Plat, PS #02-01, by Minikahda Mini-Storage, to allow three separate parcels, generally located at 5350 Industrial Blvd. NE. MOTION by Mr. Oquist to waive the reading and open the public hearing. Seconded by Mr. Saba UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:35 P.M. Ms. Stromberg stated that the petitioner is Michael Cannon of Ulteig Engineers. The petitioner, representing Minikahda Mini-Storage, is seeking to replat the property to consolidate the separate parcels making up the property, and have complicated legal descriptions and create two simple legal descriptions. They are seeking to replat to add property they acquired from Burlington Northern Santa Fe Railway Company, to their existing property. They recently purchased a 35 foot by 90 foot parcel located in the northeast corner of the mini-storage facility from the Burlington Northern Santa Fe right-of-way. The intention of buying this property from Burlington Northern Santa Fe was to square off the property. Staff recommends approval of the plat request with stipulations as the replat will allow Minikahda Mini-Storage to square off their property. Staff recommends approval with the stipulations: 1)Prior to paving of newly purchased property, a grading and drainage plan shall be approved by City Engineering Staff. 2)The petitioner is to pay applicable park dedication fees prior to issuance of any building permit. 1 PLANNING COMMISSION MEETING, MARCH 6, 2002 PAGE 2 3)The newly purchased property shail be used for customer parking only, storage of vehicles, boats, and campers is not permitted. 4)The site shall not be used for a telecommunication tower. Mr. Oquist asked if the #4 stipulation was pertaining to the newly acquired site. Ms. Stromberg stated that it pertained only to the newly acquired site. Mr. Saba asked why the stipulation stated that it was only for customer parking. Ms. Stromberg stated that the property is zoned M-2, and outdoor storage is not allowed in the M-2 zoning district. Ms. Johns asked if there were any calls from anyone to the City about this. Ms. Stromberg stated that they have not received any calls. Mr. Cannon, Ulteig Engineering, stated that this is a simple application. The property acquired a piece of the railroad site and now has comp�icated legal descriptions. Ms. Savage asked if he had any problems with the stipulations. Mr. Dogin stated that he did not. l�fOTION by NIr. Saba to close the public hearing. Seconded by Ms. Johns. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:42 P.M. Ms. Johns stated that it sounds simple and will only make everything easier. MOTION by Ms. Johns to recommend approval of PS #02-01 with the stipulations: 1)Prior to paving of newly purchased property, a grading and drainage plan shall be approved by City Engineering Staff. 2)The petitioner is to pay applicable park dedication fees prior to issuance of any building permit. 3)The newly purchased property shall be used for customer parking only, storage of vehicles, boats, and campers is not permitted. 4)The site shall not be used for a telecommunication tower. Seconded by Mr. Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that this will go to City Council on March 25. 2. RECENE THE MINUTES OF THE JANUARY 7 2002 PARKS AND RECREATION COMMISSION MEETING: 2 PLANNING COMMISSION MEETING, MARCH 6, 2002 PAGE 3 MOTION by Mr. Oquist to receive the minutes. Seconded by Mr. Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE FEBRUARY 13 2002 APPEALS COMMISSION M < MEETING: MOTION by Mr. Saba to receive the minutes. Seconded by Ms. Johns. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE FEBRUARY 7 2002 HUMAN RESOURCE COMMISSION M MEETING: MOTION by Mr. Saba to receive the minutes. Seconded by Ms. Johns. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE 1�IOTION CARRIED UNANI�vIOUSLY. OTHER BUSINESS: Ms. Stromberg stated that the lot split at 6831 East River Road was approved by City Council. Council appointed a new Planning Commissioner named Brad Dunham, a realtor. He will be at the next meeting. March 20 is the next meeting with two items. ADJOURN MOTION by Mr. Oquist to adjourn the meeting. Seconded by Mr. Saba. UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED AND THE MARCH 6, ADJOURNED AT 7:44 P.M. Respectfully submitted, y���-°� ��'�xr� �'r�` Signe L. Johnson Recording Secretary CHAIRPERSON SAVAGE DECLARED THE 2002, PLANNING COMMISSION WAS 3 ` CifY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 25, 2002 Date: March 14, 2002 William Burns Ci Mana er ��� To. , ty 9 � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #02-05, Unity Hospital M-02-29 INTRODUCTION Unity Hospital is seeking for variance to increase the size of a wall sign in the R-1 Single Family Residential zoning district form three square feet to forty-nine square feet at their 7590 Lyric Lane Building. This variance will simply allow Unity Hospital to �eplace the existing sign faces of the signs that are currently located on the west and north walls of the building. The existing signs will not be increased in size. APPEALS COMMISSION RECOMMENDATION At the March 13, 2002, Appeals Commission meeting, a public hearing was held for VAR #02-05. After a brief discussion, the Appeals Commission recommended approval of variance request, VAR #02-05, as a similar variance has been granted in the past on this site, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS 1. The variance shall remain in effect until: a. The signs are altered in any way except for routine maintenance, and change of inessage which makes the sings less in compliance with the.chapter than it was before alteration. b. The supporting structures of the signs is replaced or remodeled. c. The face of the signs is replaced or remodeled. � d. The signs become dilapidated or damaged, and the cost of bringing them into compliance is more than 50% of the value of said signs, at which time all of the signs and their structures must be removed. e. Notwithstanding sub-paragraph (a) above, the name of the business being changed on the signs. 5 City of Fridley Land Use Application VAR #02-05 March 13, 2002 GENERAL INFORI�IATION SPECIAL INFORMATION Applicant: Unity Hospital — Byron Bnins 550 Osborne Road Fridley MN 55432 Requested Action: Variance increasing the size of a wall sign. Existing Zoning: R-1 (Single Family Residential) Location: 7590 Lyric Lane Size: 125,517 sq. ft. 2.88 acres Existing Land Use: Allina Clinic. Surrounding Land Use & Zoning: N: Fridley Medical Clinic & C-Rl, Apartments & R-3 E: Apartments & R-3 S: Single Family & R-1 W: Unity Hospital & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 214.09.02 (B) requires a maximum size of three (3) square feet in area for a wall sign in a residential distric�t. Zoning History: 1969 — Lot is platted. 1969 — Nursing home is built 1982 — Garage is built for storage. 1996 — Addition is built. 1998 — Entry vestibule addition. Legal Description of Properiy: Lot 1, Block 1, Maple Manor Addirion Public Utilities: Building is connected. Transportation: Madison Street provides access to the building. L'J Physical Characteristics: Lot consists of building, parking lot, and landscaping. SUMMARY OF PROJECT Unity Hospital is seeking to increase the size of a wa11 sign in a residential zoning dis�ict from 3 square feet to 49 square feet. This variance will simply allow Unity Hospital to replace the existing sign faces. The exisring signs will not be increased in size. SUMMARY OF HARDSHIP "If for any reason the wording on the existing sign can not be changed or if the sign had to be removed it would be impossible to ident� the bicilding. Reason being that Human Resources is located in this building and a number of people come in daily for interviews. We need to have the building identified in someway. We also have Employee Health Services located in this building. The existing sign has been up six years, so 1 don't think it would be detrimental to the property in the vicinity or district in which the property is located. " - Byron Bnu�s — Unity Hospital SUivIlVIARY OF ANALYSIS City Staff has no recommendation, as a similar variance has been granted in the past on this site. CITY COUNCIL ACTION/ 60 DAY DATE City Council — March 25, 2002 60 Day — Apri18, 2002 Existing Building - 7590 Lyric Lane Staff Report Prepared by: Stacy Stromberg 7 Special Use Permit VAR #02-05 REQUEST Unit ital is seeking a variance to increase the size of a wall sign in the R-1, Single Family Residential zoning district from 3 square feet to 49 square feet at their 7590 Lyric Lane building. This variance will simply allow Unity Hospital to replace the existing sign faces of the signs that are currently located on the west and north walls of the building. The existing signs will not be increased in size. SITE DESCRIPTION/HISTORY The subject property is located on the corner of Lyric Lane and Madison Street. The original building was constructed in 1969. A garage was built in 1982 for storage and there have been two building additions since then. The property is zoned R-1 Single Family. City Code requires a special use permit in the R-1 Zoning District for hospitals, clinics, nursing homes, convalescent homes, and homes for the elderly. This property went through the special use permit process in 1965 and is therefore a pe�mitted special use in the R-1 Zoning District. They also received a special use permit in 1985 to allow a parking lot expansion. Existing Building — 7590 Lyric �ane A variance was granted in 1995 to increase the size of a wall sign from 3 square feet to 49 square feet. The variance was granted for two signs, one on the west wall and one on the north wall of the building. The stipulations placed on the variance require the petitioner to go through the variance process again because the sign faces are being replaced and the name of the business is being changed. As stated above, the sign faces will remain the same size, the faces : are just being replaced with a new business name. If this variance is approved two seven foot by seven foot illuminated signs will be installed on the west and north sides of the building. Left — Location of wall sign on the west side of the building Right — Location of wall sign on the north side of the building FOUR CODE CONDITIONS REQUIRED FOR SIGN VARIANCE APPROVAL Before the Commission shall recommend a variance, it is the responsibility of the applicant to meet the four conditions required to be met in Section 214.21.02 of the City Sign Code. The four requirements and an explanation of how the petitioner has met these mandatory requirements are listed below. 1. Exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. • The property is zoned R-1 Single Family. There are single-family dwellings located to the south. In addition, there is R-3, General Multiple Family Dwelling, to the east and north of the subject property. Section 214.09 of the City Code regulates sign sizes and setbacks for residential districts. Wall signs, as permitted within this section, can be a maximum of three square feet in area. The use of the property as a medical clinic/building is a permitted special use in the R-1 district. However, the R-1 sign code does not recognize alternative uses within the districts such as clinics and hospitals. Therefore, the variance is necessary as the use �s unique compared to the surrounding residential uses. � The petitioner could pursue an institutional sign of 32 square feet, which is allowed in all zoning districts. This freestanding sign could be placed ten feet from the property line on Madison Street. This option, however, would have greater impact to the adjacent residential area than the proposed wali signs, as it would be more visible from the residential area. ,, � 2. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. • In order to identify the building, a sign larger than three square feet is necessary. If the property was located in the CR-1, General Office District, as is the medical clinic to the north, wall signage equal to the square root of the wall length times fifteen would be permitted. Staff has calculated the permitted wall signage for the west and north walls. Based on these calculations, it has been determined that 128 square feet of signage would be permitted on the north wall and 148 square feet of signage would be permitted on the west wall. The permitted signage under the General Office District regulations far exceeds the request by the petitioner. A variance under the CR-1 District Regulations would not be necessary. 3. That the strict application would constitute an unnecessary hardship. • Strict application of the chapter would limit the petitioner to a maximum of three square feet of wall signage. Fo� the size and type of use in the district, this amount of signage is very limited. It clearly indicates in Section 214.09 that the three square feet maximum applies to dwellings. 4. That the granting of the variance would not be materially detrimental to the public health, safety or general welfare, or detrimental to the property in the vicinity or district in which the property is located. � The two signs are located on the sides of the building facing away from the single-family residential district. The signs face the hospital to the west and the medical clinic to the north. While the signs are lit, the light from the signs would not adversely impact adjacent residential properties. In addition, if the CR-1 District regulations are used as a guide the requested square footage is well within that which is permitted. HARDSHIP STATEMENT "If for any reason the wording on the existing sign can not be changed or if the sign had to be removed it would be impossib/e to identify the building. Reason being that Human Resources is located in this building and a number of people come in daily for interviews. We need to have the building identi�ed in someway. We a/so have Employee Health Services located in this building. The existing sign has been up six years, so I don't think it would be detrimenta! to the property in the vicinity or district in which the property is /ocated." - Byron Bruns — Unity Hospital 10 RECOMMENDATIONS City Staff has no recommendation, as a similar variance has been granted in the past on this site. VAR #95-03 by Nordquist Sign Company for Unity Hospital To increase the size of a wall sign from 3 feet to 49 feet at 7590 Lyric Lane. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. The variance shall remain in effect until: a. The signs are altered in any way except for routine maintenance, and change of inessages which makes the signs less in compliance with the chapter than it was before the alteration. b. The supporting structures of the signs is replaced or remodeled. c. The face of the signs is replaced or remodeled. d. The signs become dilapidated or damaged, and the cost of bringing them into compliance is more than 50% of the value of said signs, at which time all of the signs and their structures must be removed. e. Notwithstanding sub-paragraph (A) above, the name of the business being changed on the signs. 11 / � CRY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 25, 2002 William W. Burns, City Manager �� �� Jon . aukaas, Public Works Director March 6, 2002 2002 Street Improvement (Sealcoat) Project No. ST. 2002 - 10 PW02-023 On Wednesday, March 6, 2002, bids were opened for the 2002 Street Improvement (Sealcoat) Project No. ST 2002 - 10. Specifications were sent to four contractors and four bids were received. The low bid was submitted by Pearson Bros, Inc. of Loretto, MN, in the amount of $82,387.76 for Area 5 in the west central portion of the Giry. The 2002 budget has $100,000 identified in the Street Capital Improvement program. Recommend the City Council receive the bids and award the contract for the 2002 Street Improvement (Sealcoat) Project No. ST. 2002 - 10 to Pearson Bros, Inc. in the amount of $82,387.76. JHH:cz Attachments 12 BID FOR PROPOSALS 2002 STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 2002 —10 WEDNESDAY, MARCH 6, 2002,10:00 A.M. �^�,«u .� 5 - ^� �,xw�<n �t",�Y1C� o.xr R€ai �' ��,,.� », �. � .,, .. •r� � �s�� .�;,, �t�+ �� w€ - � � �. � � -s. ,n �- �a2�€€ � ,� . s �r�,>; � � .�. - k� :� � �«,' � r r»' _ � >�.,�.ra �� '�' t�zr �+s�+"a'�' 't, � '� � -.- � , �' x �, � �� �: � i - � , , �,... � �� ��,,, .PT:�.�;I'�HQLDF.�, �"�� �� �.,,., :BID�Bf�?l�<�����s3 �'� a <�>�U�. ,,��;� M. .:•��U��.. "��. Pearson Bros Inc. AIA $82,387.76 P O Box 334 Loretto MN 55367 Allied Blacktop Company . CNA Ins. $87,974.66 10503 89th Ave N Maple Grove, MN 55369 ASTECH Corp Great American $103,42534 P O Box 1025 St Cloud MN 56302 Bituminous Roadways Inc. United Fire $107,903.75 2825 Cedar Ave S Minnea olis MN 55407 13 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 2003 City of Fridley As of 2/7/02 State of Minnesota Streets Capital Improvements 2002 Beginning Balance Revenues Funds Available Interest Income One time transfer from Ciosed Debt Service Fund Total Revenues Proiects 2002 Street Reconstruction Program Ward 3 Contract BucJget Cost = MSA Reimburse = Special Assessment = Stormwater Transfer = 2002 Sealcoat Program (Area 5) "' Signal Painting Project Contract Budget Cost = MSA Reimburse = Reconstruct 57th East of Univ to 7th St (200,000) Endi�g Balance Total Projects ' New Project or Equipment " Relocated Project or Equipment '"" State AidConst Fund From Milage Availabie �_V..� $ �,sas,s�o 67,341 2,800,000 $2,867,341 4,214,151 40,000 $ 600,000 (335,000) (125,000) 10{ 0.000) 100,000 , 0 $ 55,000 (55,000) HRA 0 $140,000 $ 4,074,151 � � QTY OF FRIDLEY - TO: . FROM: DATE: SUBJ ECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 25, 2002 William W. Burns, City Manager k�� �� �\ Jon H. Haukaas, Public Works Director March 19, 2002 Sanitary and Storm Sewer Lining Project No. 345 PW02-029 On Wednesday, February 27, 2002, four bids were opened for the Sanitary and Storm Sewer Lining Project No. 345. The low bid was submitted by Lametti & Sons, Inc. of Hugo, MN, in the amount of $92,114. The 2002 budget has $135,000 identified for sanitary and storm sewer lining. Recommend the City Council receive the bids and award the contract for the Sanitary and Storm Sewer Lining Project No. 345 to Lametti & Sons, Inc., in the amount of $92,114. JHH:cz Attachment 15 BID FOR PROPOSALS SANITARY AND STORM SEWER PROJECT NO. 345 WEDNESDAY, FEBRUARY 27, 2002,10:00 A.M. PLANHOLDER BID BOND BID ADDENDUM Lametti & Sons St Paui $ 92,114.00 16028 Forest Bivd N Hugo I�IN 55038 Insituform Central CNA $ 97,996.00 17988 Edison Ave Cheste�eld MO 63005 Visu-Sewer Clean & Seal Wausau Insurance $ 100,477.25 7905 Beech Street NE Fridley MN 55432 Municipal Pipe Tool Merchants Bonding $ 120,832.50 515 Sth Street Co. Hudson, IA 50643 16 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 2003 City of F�idley As of 2/8/02 State of Minnesota Sewer Capital Improvements 2002 Misc sewer line repairs with street project (if needed) " SCADA upgrade Georgetown, Cheri Ln & Rice Creek lift stations Reline 10" CMP with Moore Lk Dr - Marigold - 58th Install New Sewer Line 57th Ave, Univ to 7th St (HRA) 100,000 � Total 2003 Misc sewer line repairs with street project (if needed) * Sewer Line 73 & 73 1/2 Reconstruct (Salvage Yard Redevelopment) Reline sanitary lines : Hackman easement - 700 feet from Gardena to 4-Way Last piece on rail yard E. Moore Lk Dr to connection to 64th Ave lift sation 57th Ave - 300 feet 17 Total 25,000 45,000 85,000 , �� 155 000 25,000 50,000 30,000 10,000 30,000 15,000 _ _ 160 000 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 2003 City of Fridley As of Z/8l02 State of Minnesota Storm Capitai Improvements 2002 Misc storm sewer line repair/street project upgrade (if needed) ' Reline 315 ft(15' RCP) storm sewer Bennett Dr, Madison to Jefferson Clean Water Partnership (Springbrook Nature Center) Totat 2003 Pump for Riverview Heights flood protection Misc storm sewer line repair/street project upgrade (if needed) Storm sewer extension - Hughes Ave Clean Water Partnership (Springbrook Nature Center) Total 2004 Misc storm sewer line repair/street project upgrade (if needed) ___ Norton Creek Weir South of 72nd Clean Water Partnership (Springbrook Nature Center) Total � 25,000 50,000 , 16,000 91 000 20,000 25,000 50,000 16,000 111 000 25,000 50,000 16,000 91 000 0 � � CRY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 25, 2002 William W. Burns, City Manager h,�� �1, Chuck McKusick, Fire Chief March 18, 2002 Public School Inspection Agreement Attached is an agreement between the City of Fridley and the State of Minnesota under which our Fire Department will conduct fire inspections at public schools in our jurisdiction. The consideration we receive is fire inspection training from the State Fire Marshal's office. This agreement replaces a previous agreement having the same terms. Staff recommends approval of the agreement by resolution authorizing the Mayor and City Manager to execute the agreement. cc: Ralph Messer, Fire Marshal Deb Skogen, City Clerk 19 RESOLUTION NO. - 2002 RESOLUTION APPROVING RENEWAL OF PUBLIC SCHOOL INSPECTION AGREEMENT BETWEEN CITY OF FRIDLEY AND THE STATE OF MINNESOTA WHEREAS, the State of Minnesota. provides fire code training free of charge to fire department inspectors in exchange for the fire department's agreement to conduct fire code inspections at public schools within their jurisdiction pursuant to the authority in Minnesota Statutes, Section 121.1502; and WHEREAS, the City of Fridley (the "City") and the State of Minnesota (the "State") had previously entered into such an original agreement on January 8, 1991; and WHEREAS, the term of the Agreement is for a two-year period which the City has consistently renewed with the State and the term of the current Agreement expired on December 31, 2001; and WHEREAS, if approved, the term of the new Agreement will commence immediately and expire on December 31, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley hereby approves the renewal of the Public School Inspection Agreement between the City of Fridley and the State of Minnesota and authorizes the Mayor and City Manager to execute the Agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK 20 SCOTT J. LUND - MAYOR DEPaRT�IE�"I' OF PC"BLIC S�FET�' FIRE �I_-�RSH aI. DIti"ISIO� 4-�-1 CEDAR STREET - SUITE 1�5 ST. PAUL, i�IIr'ivESOTA ��101-51�1� PLBLIC SCHOOL INSPECTIOY AGREEVIEti'T This a� eement is betw�een the State of �tinnesota. actins throush its Commissioner of Public Safety - Fire Marshal Division ("Sta[e") and the City of Fridlev, Fire Department address 6431 Universitv Avenue NE, Frid(ev , Ntinnesota (`'Contractor'). 1�'HEREAS, the State, pursuant to ;�Iinnesota Statutes 1?3B.i3 is required to develop a plan to inspect once evecy three years every public school facility used for educational purposes, and. W'I-�REAS, the State is empowered under Minnesota Statutes 471.59, Subd., 10 to enoage such assistance as deemed necessary, and � W'F-IEREAS, the Fire Chief of the�above named fire department, does hereby agree that a representative of the city's fire department will conduct all pubtic schoo( fire inspections within their jurisdiction. To ensure uniformity of enforcement throuQhout the state, these inspections will be conducted in accordance with standazds stated in this contract, and WHEREAS, Contractor represents that it is duly qualified and wilting to perform the services set forth herein, NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. All public school facilities used for educational purposes within jurisdiction will be inspected by Contractor at least once every three (3) yeazs. 2. Aff public schools within Contractor's jurisdiction will be inspected in accordance with the requirements of the Minnesota Uniform Fire Code (MUFC) and enforced in accordance with the administrative policies of the State Fire Marshal. 3. State Fire Marshal Division will provide the necessary training for city fire department personnel contracting to conduct these inspections. 4. Copies of inspection reports will be filed with the local school board and the State Fire Marshal and must be submitted to these authorities within seven days following inspection. 5. All variances to fire code orders must be approved by the State Fire Marshal. 6. Cancellation: This contract may be cancelled by the State, or Contractor at any �ime, with or without cause, upon written notice to the other party. 7. Term or Contract: This contract shall be effective on January 1, 2002, or upon the date that the final required si�ature is obtained by the State, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs later, and shall remain in effect until December 31, 2004, or until all obligations set forth in this contract have been satisfactorily fulfilled. whichever occurs first. 8. State's Authorized Agent: The State's authorized a?ent for the purposes of administration of this contract is Patrick Sheehan, Bureau Chief - Inspections, or his successor in office, - State Fire Marshal Division. Such aaent sha(l have final authorin• for acceptance of Contractor's sen ices and if such services are accepted as satisfacton.� 9. Assignment. Contractor shall neither assiQn nor transfer any rights or obliQations under this contract without the prior written consent oti the State. � 21 10. Liaoilit�. The Cortract��r �tiill indemnify. sa�e, and hold the State, its a_ents. and employees harm(ess from anv c;aims or cau�es er accion. includin�� attorne� �s fees incurred b� the Sta�e. a::sir,�, from the performance of this a`reement by the Contractor or the Contractor's a;ents or employees. This clause �vill not be consttued to bar any le`_al remedies the Contractor may have for the State's failure to fulfill its oblioations under this a;reement. l t. State Audits. L''nder �linn. Stat. § 16C.0�, subd. �, the Contractor's books. records, documents, and accountinQ procedures and practices relevant to this contract are subject to eYamination by the State and/or the State Auditor or Ley,islative Auditor, as appropriate, for a minimum of sir years from the end of this contract. 1? Government Data Practices. The Contractor and State must comply with the Niinnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract, and as it applies to all data created, cotlected, received, stored, used, maintained, or disseminated by the Contractor under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Contractor or the State. If the Contractor receives a request to release the data refened to in this clause, the Contractor must immediatelv notirv the State. The State will �ive the Contractor instructions concerninQ the release of the data to the I requestin� pam� before the data is released. 13.Venue. Venue for all (e�al proceedings out of this a� eement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. I�f WIT�IESS WF-�RE OF, the parties have caused this contract to be duly esecuted intendin� to be bound thereby. APPROVED: COtiTR4CTOR: BY: TITLE: D�TE: BY: TITLE: DATE: STATE AGENCY OR DEPART'MENT: (Authorized Si�ature) BY: _ TITLE: DATE: ATTORNEY GENERAL: APPROVED TO SIGti O�t BEHALF OF THE ATTORNEY GENERAL AS TO FORM AIv'D EXECUTION : DATE: COMMISSIONER OF ADMINISTRATION: I: DATE: NO ENCUMBRANCE: (Authorized SiQnature) BY: - - - DATE: I certifv that the si�atures for the Contractor have tawful authority, by virtue of the ciry by-laws or a city resolution, to bind the Contractor to the terms of this contract aoreement. DATE: BY': Attorne�� for Contractor 22 � � GTY OF FRIDLEY Name Joan Brandwein AGENDA ITEM CITY COUNCIL MEETING OF MARCH 25, 2002 Appointment Starting Position Salary Management $42,140.80 Assistant per year 23 Starting Date Replaces April1, Jennifer 2002 Dunn r � AGENDA ITEM F� � COUNCIL MEETING OF MARCH 25, 2002 CLAIMS i 0�218 - 10�55 � 24 � � CXTY OF FRIDLEY 0 AGENDA ITEM CITY COUNCIL MEETING OF MARCH 25, 2002 Type of License: TOBACCO � Walgreens #04697 6525 University Ave NE Fridley, MN 55432 3.2% MALT LIQUOR 21 ST Century Food & Fuel 7883 East River Road Fridley, MN 55432 TEMPORARY LIQUOR Totino-Grace High School 1350 Gardena Ave NE Fridley, MN 55432 AUCTION Totino-Grace High School 1350 Gardena Ave NE Fridley, MN 55432 Frank Sarazin 5701 Washington St NE Fridley, MN 55432 0 � LICENSES Approved By: Fee: Margarita Kellen Public Safety $125 Commmunity Development Fire Inspector Xai Yang Public Safety Fire Inspector City Clerk Greg Balego Public Safety City Clerk (for dates of 4/27; 9/27 & 10/23) Greg Balego Public Safety Frank Sarazin Public Safety (for Sunday, April 7) �- - 25 $150 $75 Waived $30 City of Fridle AGENDAITEM City Council Meeting Of Monday, March 25, 2002 � Electricai Erickson Piumbing Heating & Cooling 1471 92 Ln NE Stacy Erickson Blaine MN 55449- Gas Services - Moon Beam Mechanical Inc 20037 Jefferson St Robert Moon East Bethel MN 55011- River Cities Mechanical 14960 Afton Blvd S Robert Miller Afton MN 55001 General Contractor-Commercial Binaco Distributing I�c 6890 Co Rd 19 Ken Bina Loretto MN 55357- Cellcom Construction 11301 W 218 St Ronald Melter Peculiar MO 64078- Mr Marks 940 6 Ave NW Mark Sloneker Cambridge MN 55008- Wolfgramm Architects, PA 336 N Robert St STE #207 Richard Wolfgramm St Paul MN 55101-1504 �1�J ARproved By: State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Officia� Ron Julkowski Building Official Ron Julkowski --- Building Official Ron Julkowski Bui�ding Official � General Contractor-Residential Ber Con Inc (3193) 3450 153 Ave NW Andover MN 55304- Nassau Builders Inc (20265938 17221 Nassau St NE Ham Lake MN 55304- Heatina Moon Beam Mechanicai Inc 20037 Jefferson St NE � East Bethel MN 55011- Wencl Services Inc 8148 Pilisbury Ave S Bloomington MN 55420 Plumbina Erickson Plumbing Heating & Cooling 1471 92 Ln NE Blaine MN 55449- Sign Erector Universal Signs Inc 1033 Thomas Ave St Paul MN 55104- � Gordon Berger Andrew Stoner Robert Moon Ken Wencl Stacy Erickson Rick Palmateer 27 Anproved Bv� State of MN State of MN Ron Julkowski Building Officiai Ron Julkowski Building Official State of MN Ron Julkowski Building Official � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 25, 2002 To: William W. Burns, Ci Mana er �� �Y g y� From: Date Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk March 4, 2002 Re: Public Hearing on Intoxicating Liquor License Application for MN Sean Co., dba Sean's Grille (formerly known as Steies Investment Inc., dba K.J.'s Restaurant and Bar) Steies Investment Inc., dba K.J.'s Restaurant and Bar, has been at their present location since June of 2000. On March 1, 2002, the building and business was sold to NIN Sean Co., dba Sean's Grille. According to the Fridley City Code, a new intoxicating liquor license application must receive a public hearing. The notice of the public hearing has been pre-published to allow the public hearing to be held during the same meeting as another liquor license application (MSF, dba Spikers) and to coincide with our new license year. At this time, staff recommends scheduling a public hearing for Monday, Apri18, 2002. : CITY OF FRIDLEY PUBLIC HEARING BEFORE TI� CITY COUNCIL (Legal Norice) Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on Monday, Apri18, 2002, at 7:30 p.m. on the question of issuing an on-sale Intoxicating Liquor License to Sean Bartholemew Tierney for MN Sean Co. dba Sean's Grille (formerly laiown as Steies Investment Inc. dba K.J.'s Resta.urant and Grille) located at 8298 University Avenue NE, Fridley, Minnesota. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require aw�ciliary aids should contact Roberta Collins at 572-3500 no later than Apri13, 2002. Anyone having an interest in this matter should make their interest known at this public hearing. /s/ Debra A. Skogen, City Clerk Published: March 26, 2002 in the Fridley Focus 29 � � (7TY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 25, 2002 March 7, 2002 Wiliiam Burns, City Manager \� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #02-01, Minikahda Mini-Storage M-02-28 INTRODUCTION Michael Cannon, Ulteig Engineers is representing Minikahda Mini-Storage who is seeking to replat the Minikahda Mini-Storage II property to consolidate the separate parcels that make up the Minikahda property and have complicated legal descriptions and create two simple legal descriptions. They are also seeking this replat to add property they've recently acquired from Burlington Northern Santa Fe Railway Company to their existing property. PLANNING COMMISSION RECOMMENDATION At the March 6, 2002, Planning Commission meeting, a public hearing was held for PS#02-01. After a brief discussion, the Planning Commission recommended approval of the lot split request, PS #02-01, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION -- City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Prior to paving of newly purchased property, a grading and drainage plan shall be approved by City's engineering staff. 2. Petitioner to pay applicable park dedication fees prior to issuance of any building permits. 3. Newly purchased property shall be used for customer parking only; storage of vehicles, boats, and campers is not permitted. 4. This site shall not be used for a telecommunication (facilities and equipment) tower. 30 City of Fridley Land Use Application PS 02-01 March 6, 2002 GENERAI. INF'ORMATION SPECIAL INFORNIATION Applicant: Michael Cannon Minikahda Mini-Storage Ulteig Engineers 333 Washingkon Ave 5201 W. River Road Minneapolis MN 55401 Fridley MN 55432 Requested Action: Replat of property to consolidate property obtained from Railroad. Rxi.stin$ Zoning: M-2 Heavy Industrial Location: 5350 Industrial Blvd. NE Size: 370,816 sq. ft 8.51 acres Existing Land Use: Mini-Storage Facility Surrounding Land Use & Zoning: N: Interstate 694 & Right-of-way E: Railroad S: Industrial Properiy & M-2 W: Home Valu & Wallboard Inc. & M-2 Comprehensive Plan Conformance: Use of properly is consistent with Plan. Zoning Ordinance Confom�ance: Current Minikahda Mini-Storage lot exceeds the City's minimum lot size requirements, rail properly independently would no�. Zoning History: 1969 & 1985 - Lot is platted. 1985 — Building pemut issued for office and garages. Legal Description of Property: See attached. Council Action: March 2�, 2002 31 Public Utilities: Located near property. Transportation: Property is accessed from Industrial Blvd. Physical Characteristics: Lot consists of buildings, bituminous, and landscaping. SUMMARY OF REQUEST The petitioner is seeking to replat the Minikahda Mini-Storage II property to consolidate the separate parcels that comprise the properly and create two simple legal descriptions. SUMMARY OF ANALYSIS City Staff recommends approva! of this preliminary plat request. ➢ Replat will allow Nlinikahda Mini-Storage to square off property. '�:'�� ., Minikahda Mini-Storage Facility Staff Report Prepared by: Stacy Stromberg PS #02-01 Analvsis Michael Cannon, Ulteig Engineers is representing Minikahda Mini-Storage who is seeking to replat the Minikahda Mini-Storage I I property to consolidate the separate parcels that make up the Minikahda property and have complicated legal descriptions and create finro simple legal descriptions. They are also seeking this replat to add property that they've recently acquired from Burlington Northern and Santa Fe Railway Company to their existing property. Minikahda Mini-Storage recently purchased a rectangular 35 ft. by 90 ft. parcel located in the northeast corner of the Minikahda Mini-Storage facility from the BNSF right of way. The intension of buying this property from BNSF was to square off their property. Staff Recommendation City Staff recommends approval of this preliminary plat request, with stipulations. ➢ Replat will allow Minikahda Mini-Storage to square off property. Stipulations - Ciry Staff recommend that the following stipulations be placed upon approval of this request. 1. Prior to issuance of any permits, a grading and drainage plan shall be approved by City's engineering staff. 2. Petitioner to pay applicable park dedication fees prior to issuance of any building permits. 3. Newly purchased properfy shall be used for customer parking only; storage of vehicles, boats, and campers is not permitted. 4. This site shall not be used for a telecommunication (facilities and equipment) tower. 32 White highlighted box signifies newly purchased land from BNSF 33 2002 CITY OF FRIDLEY COMMISSION TERMS Term Present Members Expires Appointee PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term) GENERAL Diane Savage 4-1-03 CHAIR VICE-CHAIR CHAIR David Kondrick 4-1-03 PARKS 8� REC. CHAIR Barbara Johns 4-1-04 ENVIRON. QUALITY CHAIR Larry Kuechie 4-1-02 APPEALS COMM. CHAIR LeRoy Oquist 4-1-04 HUMAN RES. AT Dean Saba 4-1-04 LARGE AT Brad Dunham 4-1-05 LARGE APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) CHAIR Larry Kuechle 4-1-02 Gary Zinter 4-1-03 Blaine Jones 4-1-04 Kenneth Vos 4-1-02 Susan Jackson 4-1-03 ENVIRONMENTAL QUALITY (Chapter 6) (7 Members — 3 Year Term) AND ENERGY COMMISSION - - CHAIR Barbara Johns 4-1-04 VICE- Jack Velin 4-1-02 Richard Svanda 4-1-03 Barbara Kovacic 4-1-03 Vacant 4-1-02 Vacant 4-1-04 Michelle McCulloch Maher 4-1-04 34 . 0 , � Term Present Members Ex ires Appointee HUMAN RESOURCES COMMISSION (Chapter 6) (5 Members - 3 Year Term) CHAIR LeRoy Oquist 4-1-04 Ellen Raeker 4-1-03 ' Terrie Mau 4-1-02 , Vacant 4-1-02 Carter Hendricks 4-1-04 PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) CHAIR David Kondrick 4-1-03 VICE- Richard Young 4-1-04 CHAIR Susan Price 4-1-02 Marcy Sibell 4-1-03 Tim Solberg 4-1-04 CABLE TELEVISION COMMISSION (Sec. 405.28)(5 Members-3 Yr. Term) CHAIR Burt Weaver 4-1-02 VICE- Dianne McKusick 4-1-03 CHAIR Robert Scott 4-1-03 Brad Sielaff 4-1-02 Gen Peterson 4-1-01 POLICE COMMISSION (Chapter 102)(3 Members - 3 Year Term) CHAIR Mavis Hauge 4-1-01 --- John Burton 4-1-02 John Hinsverk 4-1-03 HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year Term) CHAIR Larry Commers 6-9-04 VICE- Virginia Schnabel 6-9-05 CHAIR Jay Bajwa 6-9-02 John E. Meyer 6-9-06 Pat Gabel 6-9-03 35 � � AGENDA ITEM «rYOF CITY COUNCIL MEETING OF MARCH 25, 2002 FRIDLEY 0 IIti1FORMAL STATUS RE'PORTS 36