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03/24/2003 - 4630� � CffY C!F FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, AaUR�SS ANfl /T�M NUMBFi? YOU AR� IIYTFRFSTFD �N. .. . � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 7:30 p.m. - City Council Chambers Attendance Sheet � � CRY OF FRIDLEY CiTY COUNCIL MEETING OF MARCH 24, 2003 r The City of Fridley will not discriminate against or harass anyone in the admission or access to, or � treatment, or employment in its ser��ices, programs, or activities because of race, color, creed, reli�ion, w 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. PRESENTATION OF PLAQUE TO FIRE CHIEF. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 24, 2003 City Council Meeting of March 3, 2003 OLD BUSINESS: � 1. Second Reading of an Ordinance Amending Chapter 6 of the Fridley City Code Amending the Membership of the Planning Commission - ............................................ 1 o, , . �� FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED): 2. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesata, by Making a Change in Zoning Districts (Rezoning Request, ZOA #03-01, by Michael Juaire, to Rezone Property from M-1, Light tndustrial, to R-3, General Multiple Units, Generally Located at 1152 Norton Avenue N.E.) (Ward 2) _ ............................................................................................ 3 9 3. Second Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located in the Right-of-Way South of 5541 Fifth Street N.E.) (Ward 1) ................................................................. 10 - 11 NEW BUSINESS: 4. Receive the Minutes of the Planning Commission Meeting of March 5, 2003 _ ........................................................................... 12 24 5. Resolution Requesting Municipal State Aid System Construction Funds for Other Local - Use.................................................................................................. 25 - 26 6. Receive Bids and Award Contract for the 2003 Miscellaneous Concrete Repair ProjectNo. 351 ........................................................................................... 27 - 28 � � FRIDLEY CITY COUNCIL MEETING OF MARCH 24. 2003 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Approve Contract between the City of Fridley and SEH for the Completion of Design Documents for the TH 65 Causeway Project ................................................................. 29 - 30 8. Approve Agreement between the City of Fridley and Morrell Enterprises for Yard Waste Transfer Services.................................................................................................. 31 9. Set a Public Hearing for April 14, 2003, to Consider the Renewal of the Intoxicating Liquor License for MN Sean Co., d/b/a Sean's Grill and Pub, Generally Located at 8298 University Avenue N.E. (1Nard 3) ............................................................................... 32 � 10. Approve Reappointments to Fridley City Commissions.............................................................................................. 33 - 34 11. Appointment — City Employee ..................................................................... 35 12. Claims .................................................................................................. 36 13. Licenses .................................................................................................. 37 - 42 FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 4 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: 14. Consideration of the 62�d Way Extension Project No. ST. 2003-2 ........................................................................................... 43 NEW BUSINESS: 15. Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: Marian Hills Neighborhood Street Improvement Project No. ST. 2003-1 ................................................................................................. 44 - 45 16. Preliminary Plat Request, PS #03-02, by Ted Theilmann, to Replat Property to Create 8 Single Family Lots, Generally Located at 1540 Rice Creek Road N.E. (1Nard 2) ......................................................................... 46 — 51 � , 17. Variance Request, VAR #03-05, by Brian , Bona, to Reduce the Setback from an Adjacent Residential District from 50 Feet to 10 Feet to Allow for the Construction of a Car Wash, Generally Located at 5311 University Avenue (Ward 1) .................................................................................................. 52 - 64 FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 5 NEW BUSINESS (CONTINUED): 18. Informal Status Report ............................................................................... 65 ADJOURN. _ t„ w ,. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 � �� The City of Fridley will not discriminate against or harass anyone in the admission or access to, or tre�It, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, 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 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. � 33 P � APPROVAL OF CONSENT AGENDA: NEW BUSINESS: PRESENTATION OF PLAQUE TO FIRE CHIEF. � 4. Receive the Minutes of the Planning Commission ,�, Meeting of March 5, 2003 ..................... 12 - 24 � � �.Raj�� APPROVAL OF PROPOSED CONSENT AGENDA: �� APPROVAL OF MINUTES: 5. Resolution Requesting Municipal State Aid City Council Meeting of February 24, 2003 System Construction Funds for Other Local Use................................... 25 - 26 City Council Meeting of March 3, 2003 OLD BUSINESS: S�p�n�+ Re��:^g of an Orc�inan�e Amen Chapter 6 of the Fridley City Code Amei the Membership of the Planning Commission ................................. ;j�?� i!r�S iing 1-2 2. Second Reading of an Ordinance to A�end the City Code of the City of Fridley, Min esota, by Making a Change in Zoning Districts (Rezoning Request, ZOA#03-01, by Mi hael Juaire, to Rezone Properly from M-1, Li ht Industrial, to R-3, General Multiple Unit , Generally Located at 1152 Norton Ave ue N.E.) (Ward 2) . 3 - 9 ��i 3. Second Reading of an Ordinance Und r Section 12.06 of the City Charter Declaring Certain R al Estate to be Surplus and Authorizing the Sale �'hereof (Generally Located in the Right-of-WaylSouth of 5541 Fifth Strest N.E.) (Ward 1) ........�.. 1�-11 I �''�� '� �� 6. Receive Bids and Award Contract for the 2003 iVliscellaneous Concrete Repair Project No. 351 ..................:.............. 27 - 28 7. Approve Contract between the City of Fridley anrl SEH for the Completion af Design Documents for the TH 65 Causeway Project .:......... 29 - 30 P� � � � 8. Approve Agreement befinreen the City of Fridley and Morrell Enterprises for Yard Waste Transfer Services ................................... 31 9. Set a Public Hearing for April 14, 2003, to Consider the Renewal of the Intoxicating Liquor License for MN Sean Co., d/b/a Sean's Grill and Pub, Generally Located at 8298 University Avem,ae N.E. (Ward 3) .......................... 32 FRIDLEY CITY C'nTTNf'TT. MFF.TTNf_' (1F Meu�u APPROVAL OF PROPOSED CONSENT AGENDA NEW BUSINESS (CONTINUED): 10. Approve Reappointments to Fridley City Commissions .................................. 33 - 34 11. Appointment — City Employee ................ 35 12. Claims ................................... 36 13. licenses ..............................._... 37 - 42 � ADOPTION OF AGENDA. in 6I �i� .r � P ��, aXi �� `�a �'��.' v Zoo3 �� `� �� ` PAGE 2 � NEW BUSINESS (CONfi1NUED): S (�e ��' pP� 17. Variance Request, VAR #03-05, by Brian � �'"` r-� Bona, to Reduce the Setback from an Adj� Residential District from 50 Feet to 10 Fee �I�j�� tp�411ow for the Construction of a Car Wash, � � Generall Located at 5311 Universi Ave� Y ty \Q�� (Ward 1) .................................... 52 - �� v�� l� . . C N-�� Q�'- � � �'- I . C� �) �( 18. Informal Status Report ................... 65 OPEN FORUM, VISITORS: Consideration of items �ot �n Agenda — � 5 r,~�i�utes. . _ �fl P � v� � �� PUBLIC HEARING: �� 5 r 14. Consideration of the 62nd Way Extension Projec� S2 P'M/ No. ST. 2003-2 �t � � �� S � 3,�1 ��) ..................��..�. �i (X3 � � �� J�,k°,� ��41,�. - P � � J� �� L,,, v-� � �"� �� r � . � � � �� e� o�` � S � NEW BUSINESS: Q ` � � b\ �` . �r � �� C' - C" . v �� \ � to � ��v�'P "' , ADJOURN. ��„q I� �� ` 1 �l /-� . C�-f- e.� � � � � � �� t � (� . � -�- � � ,,,,�. -� 60� (� � a��C-�� ,,,.�- �� ° , �� 15. Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: Marian Hills Neighborhood Street Improvement Project No. ST. 2003-1 ................................... 44 - 45 I �, �� 16. Lots, Generally Located at 1540 Rice Creek Ftoad N.E. (Ward 2) .............. .... �� , �� ';�� -��Q 46 - 51 �e� ��'�� , 0 MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 24, 2003 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: MEMBERS ABSENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom. None. OTHERS PRESENT: William W. Burns, City Manager Richazd D. Pribyl, Finance Director Scott Hickok, Community Development Director Frederic Knaak, City Attorney APPROVAL OF PROPOSED CONSEIV`T AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 10, 2003. APPROVED. NEW BUSINESS: 1. VARIANCE REQUEST, VAR #03-02, BY SKYWOOD APARTMENTS, REDUCING THE HARD SURFACE AND PARKING SETBACK FROM ANY STREET RIGHT-OF-WAY FROM 20 FEET TO 0 FEET, GENERALLY _ LOCATED AT 1200 CHERI LANE (WARD 1). Dr. Burns, City Manager, stated the variance allowed existing parking along Cheri Lane - to remain. The variance was processed in conjunction with the sale of excess property to the Skywood Apartments by the City. The variance, the land sale, and the elimination of one parking stall that was on City right-of-way are the three interrelated components associated with the correction of parking issues. T'he Appeals Commission approved the variance at their February 12 meeting. Staff recommended Council's approval. APPROVED VARIANCE REQUEST, VAR #03-02, BY SKYWOOD APARTMENTS. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 2 2. APPROVE AGREENIENT FOR RESIDENTIAL RECYCLING PROGRAM BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA. Dr. Burns stated the motion authorized an agreement between the City and Anoka County that provided $71,214.40 in 2003 SCORE funding. The money would be used to pay for about 22 percent of the cost of residential recycling. It was an annual motion that established the amount of state aid to be received through the County and _ established the reporting, record keeping and billing requirements. Staff recommended Council's approval of the agreement. Y APPROVED. 3. RESOLUTION NO. 13-2003 APPROVING A PARTNERSHIP CONTRACT WITH THE STATE OF MINNESOTA FOR TRANSPORTATION-RELATED SERVICES. Dr. Burns, City Manager, stated this resolution would approve a partnership contract with the Minnesota Department of Transportation. The resolution outlined the terms by which transportation-related technical assistance might be obtained from MnDOT and the costs for the services. Those services included materials testing, pavement striping, and land management. The services were optional, and the resolution did not bind the City into using them. Although Council previously approved the agreement by motion, MnDOT requested a resolution. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 13-2003. 4. RESOLUTION NO. 14-2003 AUTHORIZING CHANGES IN APPROPRI- ATIONS FOR THE GENERAL FUND FOR NOVEMBER THROUGH DECEMBER, 2002. Dr. Burns, City Manager, stated the changes resulted from unforeseen revenues and expenditures and included $85,565 in General Fund adjustments that accrued entirely because of donations and reimbursements. They also included adjustments to the Solid Waste Abatement Fund in the amount of $129,384. They transferred that amount from the Closed Bond Fund to cover additional recycling program costs accrued in 2001, 2002, and anticipated costs for 2003. _ Dr. Burns said there were also several adjustments to the Streets Capital Improvement Fund. First, there was a revenue adjustment of $234,426. This was a surplus that was left over from the 2001 project and it was being transferred back to the Street Capital Improvement Fund from the Special Project Fund. There was also an expenditure adjustment of $151,847. This was a payout to a special assessment fund created to retire a special assessment bond on a 1992 capital improvements project for the Target Distribution Center. When the Target prepayment came in, it was incorrectly posted as part of the Streets Capital Improvement Fund instead of being posted to the special assessment fund. He said they were not spending the money, just moving it so they 0 � FRIDLEY CITY COUNC�IL MEETING OF FEBRUARY 24, 2003 PAGE 3 could retire the speaial assessment debt on that project. He said additionally, there was a$60,700 payout Ifrom the Streets Capital Improvement Fund to another special assessment fund for'i,retirement of the street reconstruction debt which occurred in 1994. Dr. Burns, said ther� was also a$27,450 payout from the Streets Capital Improvement Fund for the Harde 's condemnation award. He said the HRA was paying an equal amount. He said th�y are contesting that awazd, but the law required that they put up a percentage of the mqney. Staff recommended Council's approval. ADOPTED RESO�,UTION NO. 1=t-2003. 5. RESOLUTION Nb. 1�-2003 AUTHORIZING SIGNING AN EMPLOYMENT AGREEMENT B�TWEEN CERTAIN EMPLOYEES REPRESENTED BY LUC:AL 1VU. 1986. Dr. Burns, City Makiager, stated this resolution authorized an employment agreement for 2003 with Fridle 's three union firefighters. It provided for the same cost-of-living adjustment and be�efits that were given to non-bargaining unit employees. Staff recommended Coun�il's approval. ADOPTED RESOI�UTION NO. 15-2003. 6. APPOINTMENT '�, TO ENVIRONMENTAL QUALITY AND ENERGY 7. E:� COMMISSION. Dr. Burns, City City's Envirorur approval. .ger, stated this was a motion to appoint Patrick Rowan to the Quality and Energy Commission. Staff recommended Council's APPOINTED PA'�RICK ROWAN TO THE FRIDLEY ENVIRONMENTAL QUALITY AND EP�iERGY COMMISSION. CLAIMS. I, AUTHORIZED PAIYMENT OF CLAIM NOS. 110055 THROUGH 110234. ;i LICENSES. !, I APPROVED THE �ICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 4 9. ESTIMATES APPROVED THE FOLLOWING ESTINIATES: Park Construction Company 7900 Beech Street N.E. Fridley, MN SS�132 57`h Avenue Sanitary Sewer Improvement Project No. 346 � FINAL ESTIMATE $5,194.07 No persons in the audience spoke regarding the proposed consent agenda. 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. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as submitted. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. John Lloyd, 1515 Mississippi Street, stated he received a citation for a non-hard surfaced driveway. The driveway is next to a dirt alleyway: He said he did not see any reason to put in a hard surface driveway that would be attached to dirt. He wanted to know if the City ever did decide to put an alley in there, what the grade and the elevation would be. He asked where the property line was. He wondered how the City could do this. He thought it was unfair to him as a property owner. Mayor Lund stated that Mr. Lloyd had probably been notified of this ordinance. Mr. Lloyd replied he had and every time he had, he called and said he would not put it in until the City put the alley in. Mayor Lund said that Mr. Lloyd had five years to discuss the matter. FRIDLEY CITY COUNCI�, MEETING OF FEBRUARY 24, 2003 PAGE 5 Mr. Lloyd replied that the approval for the alley. He they told him he had five y ity had time also. He said he was told that he needed 100 percent �id some people in that area do not use or need the alley. He said Mayor Lund asked for staff ,� response. He stated that if it was a through alley, they needed to discuss whether to put an al'�ey in, assess the affected property owners, and then have the City maintain it. �� Mr. Lloyd stated he was no� worried about maintenance. He said he thought the ordinance was adopted to prevent erosion a�d other problems. He said the City was dictating what to do, but did not have to abide by their ru�es. He said he thought that was wrong. Mayor Lund stated he did nl�t know where they were with respect to a formal policy on paving alleys, but there was a cost I factor, and Mr. Lloyd, as an affected property owner, would most likely bear a portion of the cpst. Mr. Lloyd indicated that th$re was a petition. Eight people did not need it and seven did. He asked how that would pass. ', He said there had to be some way the City could find the money to put the alley in if they expeclt him as a homeowner to put in a driveway. Councilmember Wolfe sta was if 100 percent of the assess only the affected pr� that the City told Mr. Lloyd the only way they could put in an alley i�hborhood wanted it. If the City ever did put it in, they would Mr. Hickok, Community T�evelopment Director, replied that all of the benefiting properties would be assessed whether br not their driveways went into it. Councilmember Wolfe state�d that everyone would have to agree with it. Mr. Hickok replied, yes. �',, Dr. Burns, City Manager, s�id he thought the policy on assessments was if the majority of the property owners agreed to �he assessment, that was something the City could go ahead and do. He said he did not think ass'�ssments required unanimous approval. Councilmember Barnette s ated he drove around the City and saw the alley Mr. Lloyd was talking about. He has lool�ed at other alleys, paved and unpaved. He said he understood what Mr. Lloyd was talking abou,�t. Mr. Lloyd replied that he l�ad been summoned to Court and if he did not go, there would be a warrant issued for his anes� Councilmember Bolkcom �aid the City needed to correct what was wrong, but it would take a while to do that. Mr. Lloyd� however, could still pave his driveway. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 6 Mr. Lloyd replied that he did not think it was possible. His house was the last house on the alley. There was only so much grade change that could be done. He would like the City to establish the grade. He said he would put the driveway in, but wanted the City to sign an affidavit which would state that if there were any change in grade that affected his property, the City, at their expense, would tear the driveway out and replace it to his satisfaction. Councilmember Bolkcom suggested that someone from the Public Works Department work with Mr. Lloyd. Mr. Lloyd replied that he was a contractor and would put the driveway in. Dr. Burns stated they would be happy to take a look at Mr. Lloyd's driveway and try and solve the engineering problem with him. Mr. Lloyd stated he thought they should wait until spring to do it. He said he thought it was wrong for the City not to have to pave the alley. Councilmember Wolfe replied that they all agreed that driveways should be hard surfaced. They did not think about alleys. He said Mr. Lloyd's area is very unique. Because of where Mr. Lloyd's garage was, there was going to have to be some serious work done so that he did not flood out every spring. Councilmember Billings cautioned Mr. Lloyd that he still had to appear in Court, and he needed to address this with either Mr. Hickok or the City Attorney or appear in court on the appropriate date. The conversations held at this meeting did not relieve him of any obligation to be in Court. Mr. Lloyd stated he would attend the hearing. Mayor Lund stated they would try and work with him and thanked him for attending the meeting. PUBLIC HEARING: 10. CONSIDERATION OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED IN THE RIGHT-OF-WAY SOUTH OF 5541 FIFTH STREET N.E.) (WARD 1) MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:05 P.M. Mr. Hickok, Community Development Director, stated this was a public hearing to declare property located at 5541 Fifth Street N.E. excess. Tim Sylvester Builders was the owner of the FRIDLEY CITY COUN�IL MEETING OF FEBRUARY 24, 2003 PAGE 7 property and was seekin� to obtain an unused portion of the City right-of-way located immediately south of this'iproperty. The 3,385 squaze foot parcel was originally taken by the State as right-of-way for I-�94 but was turned back to the City in 1979. He said the City retained the 10-foot boulevard bet�pveen the edge of the property and the existing bituminous roadway which was consistent withl,the properties on the west. The parcel in question was not buildable as a stand-alone parcel, and the City had no plans for future use of the property. Tim Sylvester Builders agreed to the conc�itions the City placed on the sale of the property. Mr. Hickok said staff recc�mmended approval of the request with the following conditions: 1. Purchaser cover all filing �ees associated with transaction; 2. Purchaser provide a guarantee of clean title; 3. Parcel be cor�ibined with purchaser's existing property; 4. Purchaser prepare a quit claim deed; 5. Purchaser �jrovide the new legal description of the property to the City; 6. City must approve architecturall, elevations of any buildings to be constructed on the combination of lots prior to issuance of a�y building permits; and 7. The sale shall be effective as of July 1, 2003. Also included with ''��this recommendation was a sale price of $1 per square foot which was their standard on similar slituations. He said staff would prepare an ordinance declaring this property excess for first re�ding at the Mazch 3, 2003, Council meeting. If approved, the second reading of the ordinance wpuld be scheduled for the March 24 meeting. Ms. Sue Larson of Tim II�Sylvester Builders said they were willing to abide by all of the recommendations. I MOTION by Councilmem�er Billings to close the public hearing. Seconded by Councilmember Barnette. '' UPON A VOICE ' PUBLIC HEARING OLD BUSINESS: 11. ORDINANCE ALL VOTING AYE, MAYOR LUND DECLARED THE ;D AT 8:08 P.M. 1171 AMENDING CHAPTER 214 OF THE FRIDLEY CITY CODE PERTAIN�NG TO AUTOMATIC CHANGEABLE SIGNS. Mr. Hickok, Community ordinance to bring the Cit amendment removed all temperature, and date, an� seconds. Signs permitted said they were permitted requirements for signs. St� Development Director, stated this was the second reading of an y's sign code into compliance with the Constitution. The proposed content-based regulation, removed time exemption for time, t required that all messages not change more than once every 45 �ith the special use permit included automatic changeable signs. He n all districts except residential, and they had to conform with the ff recommended Council's approval of the ordinance. Councilmember Wolfe ask�d if the City would notify companies about the changes. He asked if the rules for moving signs i�vere still in effect. Mr. Hickok replied, yes. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 8 MOTION by Councilmember Bolkcom to waive the reading and approve Ordinance No. 1171 on second readin�. Seconded by Councilmember Wolfe UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIONS CARRIED UNANINIOUSLY. NEW BUSINESS 12. FIRST READING OF AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 603, INTOXICATING LIQUOR, DEFINING BOWLING CENTERS. Mr. Pribyl, Finance Director, stated this change added a definition of "bowling centers" to Chapter 603. The draft language was intended to be a starting point, and Council may have additional changes they feel appropriate. They faxed a copy of the proposed ordinance to AMF last week. Mayor Lund asked for a clarification with respect to the changes under "Restaurant." The last sentence in that section said a license year was a minimum of 40% of the total gross sales of the business. Mr. Pribyl said that to be a restaurant, they must do at least 40 percent of their total gross sales of the business in food and liquor. Councilmember Billings stated that under the definition of "bowling center" it was specified that a minimum of 60 percent of the gross sales for the business for the year had to be from items associated with the sport of bowling, such as the lanes, shoe rental, ball sales, etc. In order to be defined as a restaurant, 40 percent of the business had to be from the sale of food and liquor. MOTION by Councilmember Wolfe to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIONS CARRIED UNAlvIMOUSLY. 13. VARIANCE REQUEST, VAR #03-04, BY TIMOTHY MILLER, TO REDUCE THE FRONT YARD SETBACK, GENERALLY LOCATED AT 591 DOVER STREET N.E. (WARD 3) Mr. Hickok, Community Development Director, stated this request involved two variances for the property located at 591 Dover Street. The first variance was to reduce the front yard setback from 29 feet to 18.2 feet to recognize an existing non-conformity. The second variance was to reduce the front yard setback from 29 feet to 10 feet to construct an open covered porch on the west side of the home. He said the property was zoned R-1, Single-Family Residential, as were the surrounding properties. The property was off Dover Street, but received access from Broad Avenue. The original home was constructed prior to 1949. When it was constructed, it was built facing Dover Street and met all the setback requirements. He believed that it was anticipated FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 9 that Dover Street w-ould be connected and, therefore, that would be the front of the house. When Dover Street was vacated in 1991, Broad Avenue became the code-required front yard because the properties on the street frontage faced Broad. When Broad became a front yard, it left a non- conforming front yard setback of 18.2 feet. The petitioner is seeking a variance to recognize this non-conforming setback. Mr. Hickok said staff had not been able to identify any hardship as defined by law for the variance request for the construction of an open deck or covered porch on the west side of the petitioner's home. He said the law defined undue hardship as: 1. The property cannot be put to reasonable use if used under the requirements of the Code. Staff s research recognized that an alternative existed. The property could still be used as a single-family home and there were already two decks connected to the home. 2. The nature of the variance is due to unique property conditions. The property had a unique condition; however, that condition did not affect the petitioner's ability to have two decks on the north and south sides of his home. 3. The variance will not alter the character of the neighborhood. The Code required the front yard to provide yard space to be used as green areas. The front yard setback was also required for aesthetic consideration to reduce the building line of sight encroachment into the neighbor's front yard. There are no other homes on the block that come this close to encroaching this far into the front yard setback. Mr. Hickok said staff recommended approval of the front yard setback variance recognizing the existing non-conformity. The variance simply recognized a pre-existing condition. Approving this variance should not set a precedent for undeveloped lots in the future. He said the Appeals Commission recommended denial of the request to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house. No similar variances were granted in the past, an alternative does exist, and there was really no undue hardship in this case to support such approval. Staff recommended concurrence with the Appeals Commission. Councilmember Bolkcom stated that Mr. and Mrs. Miller were not present at the meeting. Mr. Hickok replied that staff had spoken with Mr. and Mrs. Miller and they were aware of tonight's meeting. Councilmember Bolkcom said that if there was a porch with or without a cover or a deck, it would not matter because it would not conform to the City's ordinance. Mr. Hickok agreed. He said it was still a structure. Councilmember Bolkcom said there had not been any similar variances like this in the past. She indicated that her concern was that the Millers were not present at the meeting even though they were informed of the date. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 10 Councilmember Billings asked if the front yard faced Broad Street. Mr. Hickok said it did. Councilmember Billings asked if Dover Street was vacated in its entirety. Mr. Hickok said it was. MOTION by Councilmember Bolkcom to table Variance Request, VAR #03-04, until March 3, 2003. Seconded by Councilmember Wolfe. - UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIONS CARRIED UNAI�TIMOUSLY. 14. INFORMAL STATUS REPORTS. Councilmember Bolkcom wished Councilmember Billings a happy birthday. Mayor Lund stated the second annual Southern Anoka Community Assistance spaghetti dinner would be held at Murzyn Hall in Columbia Heights on Wednesday, February 26, 2003, at 5:30 p.m. Mr. Hickok, Community Development Director, stated he would like to invite everyone to attend the Home and Garden Fair on Saturday, March 1, from 9:00 a.m. to 4:00 p.m. Dr. Burns, City Manager, asked Council to meet with him after the meeting to discuss their response to the Governor's proposed LGA cuts. Councilmember Bolkcom asked if they could talk about the request regarding Xcel Energy. Dr. Burns stated they received a request from Mayor Rybak for support of a project by Xcel Energy to convert three of their plants from coal to gas. Councilmember Bolkcom asked if they could discuss the letter they received from the Andover City Council about the Anoka County Community Development organization. Dr. Burns stated he was not prepaxed to talk about that matter. Councilmember Billings stated that legislation had been introduced to the State Legislature on _ this matter. Mayor Lund said he thought they needed to discuss the matter. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 11 MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE FEBRUARY 24, 2003, CITY COUNCIL MEETING ADJOURNED AT 8:47 P.M. Respectfully submitted, ' Denise M. Letendre Scott Lund Recording Secretary Mayor MINUTES OF THE REGULAR NIEETI�iG OF THE FRIDLEY CITY COUNCIL OF MARCH 3, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:33 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 Billings and Councilmember Wolfe MEMBERS ABSENT: Councilmember Bolkcom OTHERS PRESENT: William W. Burns, City Manager Paul Bolin, Planning Coordinatar Layne Otteson, Assistant Public Works Director Frederic W. Knaak, City Attorney OLD BUSINESS: 1. ORDINANCE NO. 1172 AMENDING FRIDLEY CITY CODE, CHAPTER 603, INTOXICATING LIQUOR, DEFINING BOWLING CENTERS. Dr. Burns, City Manager, stated the first reading of the ordinance was held at the February 24, 2003, City Council meeting. The proposed amendment defined a bowling center and further clarified and defined the appropriate food to liquor sales for a restaurant, hotel and bowling center. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE N0.1172 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. RECEIVE THE MINUTES OF THE PLANNING CONIlVIISSION MEETING OF - FEBRUARY 19, 2003. RECEIVED. 3. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED IN THE RIGHT-OF-WAY SOUTH OF 5541 FIFTH STREET N.E.) (WARD I). FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 2 Dr. Burns, City Manager, stated that the ordinance declared real estate south of 5541 Fifth Street to be surplus and authorized the sale thereof. The parcel was originally taken by the State as right-of-way for construction of I-694. In 1979 it was turned back to the City. Since the parcel was not buildable and was not needed by the City, staff proposed to sell it for $1 per square foot to Tim Sylvester Builders. Tne parcel did not include a 10-foot boulevard along the I-694 service drive. Staff recommended Council's approval. �VAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST � READING. � 4. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS. 110237 THROUGH 110361. 5. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. No persons in the audience spoke regarding the proposed consent agenda items. 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. ADOPTION OF AGENDA: Councilmember Barnette stated he would like to add Item 10A; First Reading of an Ordinance Amending Chapter 6 of the Fridley City Code Amending the Membership of the Planning Commission. Councilmember Barnette stated he would like to add Item 7A, Public Hearing on a Preliminary Plat Request, PS #03-01, by Michael Juaire, PMJ Group, Inc., to Replat Property for a � Townhome Development, Generally Located at 1152 and 1170 Norton Avenue N.E. (Ward 2). - MOTION by Councilmember Barnette to adopt the agenda as amended. Seconded by _ Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 3 OPEN FORUiVI, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 6. CONSIDERATION OF THE MARIAN HILLS NEIGHBORHOOD STREET IMPROVE�VIENT PROJECT NO. ST. 2003-1. MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:38 P.M. Mr. Otteson, Assistant Public Works Director, said eight streets would be reconstructed during the summer: 52"d Avenue through Buchanen Street, Fillmore Street, Lincoln Street, Pierce Street, Skywood Court, Skywood Lane, and Taylor Street. Existing streets would be replaced with a new aggregate base and pavement surface, the existing curb would be replaced with new concrete curb and miscellaneous utilities, hydrants and sewer services would be upgraded as needed. The roadway would be designed to improve drainage and provide better access to the steep driveways in the neighborhood. Residents would be assessed according to policy. Calculations would based on the length of adjusted front footage. Concrete curb would be assessed only when installed for the first time and residents would be assessed no more than $15 per foot. Funding for the project would be broken down using six different funding sources: Minnesota State Aid, Special Assessments, Sanitary Fund, Storm Water Fund, Street Fund, and the Water Fund. Councilmember Billings said that assessments would be made for new concrete curb and gutter placed on only the front side of the lot. He said if someone already had concrete curb and gutter in front of the house, there would be no assessment. The only assessments were for replacing black bituminous curb with concrete curb. Councilmember Wolfe asked if a resident had cement curbs but they were different than the new style, would the curbs be changed. Mr. Otteson said no. If residents requested a change, they would pay for that themselves. Mr. Tom Erster, Lincoln Street, asked how water and sewer connects would be handled. He asked in what cases would a resident be responsible for payment on any kind of utility work. Mr. Otteson replied that on this project there are about seven or eight sanitary sewers that they would be digging. They have not identified any water services that need to be replaced. The water mains appeared to be in very good condition. Mayor Lund asked what the cost would be. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 4 Mr. Otteson replied there would be no cost. They would go up to the property line for the replacement. Councilmember Billings stated for clarification, from the property line to the main was the City's responsibility and from the property line to the house was the responsibility of the property owner. Mr. Otteson agreed. Mr. Wayne Johnson, 5834 Oxford Street North, Shoreview, stated he was not a property owner when the bituminous curbing was originally installed. He asked why it was installed. He asked for a clarification of special assessments. Mr. Otteson replied that the bituminous curbing was installed in the early 1960s and it was often used at that time. It was being replaced now because of maintenance problems and for controlling storm sewer water. He said there were two ways to pay assessments. They could be paid in a lump sum or added to the property taxes for a period of 10 years with interest. Councilmember Wolfe stated seniors or people on a fixed income could have their assessments added when they sold their home. Councilmember Billings indicated that interest would continue to accrue. Mr. Donald Fulcher, 5206 Pierce Street N.E., said he was delighted they were making these improvements. He said he had some concerns about his property. He said in 1979 when the property was built, he paid the City to build an extra drain storm sewer that runs across his driveway. It has been very successful and he would like some reassurance that it would remain. Councilmember Billings stated said he could assure him the City would be replacing capacity with capacity, if it was not improved. He suggested that he contact staff or leave his telephone number and staff would contact him. Mr. Tom Aarth, 5241 Fillmore Street N.E., stated he had a sprinkler system and wondered if it would be protected. He also asked about mailboxes. Mr. Otteson said that during construction, the mailboxes would be gathered by the contractor and moved to where the postmaster told them. Mr. Aarth asked if there was a way to get temporary lockboxes or something. Mr. Otteson stated they could check it out Councilmember Barnette asked about Mr. Aarth's question about his sprinkler system. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 5 Mr. Otteson stated the contractor would move the sprinkler and it would be kept out of the way. The sprinkler systems would be reinstalled by the contractor and if they leaked or were broken, the contractor would be responsible. Ms. Dorothy Pearson, 5216 Pierce Street N.E., asked what specifically would be done to their property, what the assessment would be and when the assessments were due. Mr. Otteson said he �vould get the assessment to her. The assessment was preliminary. He said during construction they would try to do as little work in the yards as possible. He said they would take pictures of the yard so they would know what it looked like before construction and would use the pictures to repair the yard after the construction. Councilmember Billings asked if they would be letting people know in advance what was being done. Mr. Otteson replied that before construction started, they would send a letter to the residents. He said construction would start in late May. A letter would go out in the middle of May that would advise residents when the work would begin, who the contractor was, and who they could contact with questions. During the construction newsletter will be sent out every two to three weeks. He said the final assessment would take place about six months after construction was completed. Mr. Dean Bliss, 5212 Fillmore Street N.E., stated he had drainage concerns with respect to the project. He said Mr. Otteson had been very helpful. He just wanted to go on record to make sure it was taken care of. He said he was in favor of the project. Mr. David Mollers, 1288 Skywood Lane, asked with the State deficit was there any chance the City would lose the fiznding. Councilmember Billings stated that there was always a chance that the State could take away the funds that have been set aside. This money came from the gasoline tax and has been set aside every year. It was a constitutionally-dedicated fund, so it was unlikely that it would be taken away. Mr. Mollers asked when construction would be finished. Mr. Otteson stated it depended on when the contractor could start construction. Dr. Burns, City Manager, stated that in 2002, moving utility poles was a big issue. He asked if that would be a problem with this project. Mr. Otteson replied that only a couple utility poles needed to be moved. Mr. Mollers asked about the curbs. Mr. Otteson replied that they would be putting in a standard curb. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 6 Mr. Mollers asked if the driveway would be replaced if it needed to be torn up. Mr. Otteson said it would. Mr. Mollers thanked him. He said Councilmember Billings earlier referred to costs for street construction and used a figure of $15 per foot as the amount that would be charged. He asked if that was correct. Councilmember Billings replied that $15 was the maximum amount that would be assessed. It could be less. Mr. Wayne Johnson asked if notifications would be sent to the property address or the property owner. Mr. Otteson said they would be sent to the owner. Councilmember Billings asked if notification of when the project was going to start and notification of which streets were going to be done would be sent to the property address or the property owner. Mr. Otteson stated, they would be sent to the property owner and the property address. Ms. Ardis Lidberg, 1361 Skywood Lane N.E., asked what a realistic time frame for the street improvements would be. She said her daughter was paralyzed and drove with hand controls and she needed to make plans. Councilmember Billings asked Ms. Lidberg to talk to Mr. Haukaas or Mr. Otteson. He said if she was aware of any other people on the street who had special needs, to let staff know. Ms. Lidberg asked if they would be able to drive on Skywood Lane during the whole project. Councilmember Billings replied that during most of the construction project, people would be able to drive on Skywood Lane. He said that generally speaking they would have access virtually every day. Residents would be notified if there will be specific days when there would be no access. Ms. Lidberg asked if it would be for only one day. Councilmember Billings said that it should only be for one day. Councilmember Barnette said if during the project there are complaints or problems, please call the City rather than confronting the contractor. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Barnette FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:22 P.NI. 7. CONSIDERATION OF AN ORDINA�TCE TO ArIEND CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #03-01, BY MICHAEL JUAIRE, TO REZONE PROPERTY FROM M-1, LIGHT INDUSTRIAL, TO R-3, GENERAL MULTIPLE UNITS, GENERALLY LOCATED AT ll52 NORTON AVENUE N.E.) (WARD 2). 7A. CONSIDERATION OF APPROVING PRELIMINARY PLAT REQUEST, PS #03- O1, BY MICHAEL JUAIRE, TO REPLAT PROPERTY FOR A TOWNHOME DEVELOPMENT, GENERALLY LOCATED AT ll52 AND 1170 NORTON AVENUE N.E. (WARD 2). MOTION by Councilmember Wolfe to open the public hearings. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED TI�E PUBLIC HEARING OPENED AT 8:23 P.M. Mr. Bolin, Planning Coordinator, stated this was a public hearing on a rezoning request and plat request. The petitioner was Michael Juaire of PMJ Group, Inc. Mr. Juaire requested to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial, to R-3, Multi-Family. The petitioner also requested to replat both 1152 and 1170 Norton Avenue to allow for the construction of an 8-unit townhome development. With respect to the rezoning request, 1152 Norton was zoned light industrial and the existing land used as a single-family home. The existing land use was not consistent with the existing zoning designation. Rezoning this property would be an extension of the existing R-3 zoning classification, as the entire Norton Avenue block is zoned R-3, Multi-Family. He said the petitioner owned property 1170 Norton Avenue and had proposed that those two lots be combined and replatted for the 8 townhome units. Mr. Bolin stated that the City's zoning ordinance and zoning map are the mechanisms that help the City achieve the vision laid out in the City's Comprehensive Plan. The law gave the City the authority to rezone property from one designated use to another as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan designated the 2020 future land use of this property as being in a redevelopment area. Mr. Bolin said the Planning Commission recommended approval of the rezoning request on a 3 to 1 vote with nineteen stipulations. The proposed rezoning is an extension of the existing R-3 zoning district, and the rezoning would be consistent with the Comprehensive Plan. City staff recommended concurrence with the Planning Commission with the following stipulations: The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 8 2. A landscape plan for the ponding area, in lieu of fencing to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be + reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering stafPs specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. - 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 9 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. Mr. Bolin said that �vith respect to the preliminary plat, the proposed townhome development met all the lot size, setback, lot coverage, and parking requirements. He said there were 9 lots. Each townhome had a lot and the ninth lot would be the common property. The Planning Commission reviewed the preliminary plat request and unanimously approved it with nineteen stipulations. City staff recommended concunence with the Planning Commission and recommended the addition of two stipulations. Councilmember Wolfe asked about the number of stipulations. Mr. Bolin replied that the majority of the stipulations were code requirements, City policies, or State statutes, and were put into stipulation format so there would be no questions that they needed to be followed. Councilmember Billings asked if 1152 was a landlocked parcel or if it was across from another street. Mr. Bolin replied there was a 12-foot wide easement that went across 1170 into 1152. There are existing homes on 1152 and 1170. Councilmember Billings asked about the parcel that was immediately north of 1152 and 7090 and south of 7151. Mr. Bolin replied he believed that Harstad Companies was located there and Mobile Home Sales was located to the north of that. Councilmember Billings asked what 7151 and the unidentified piece were zoned. Mayor Lund asked how the creek divided the property. Mr. Bolin replied that there was an easement across the northwest corner of the property. He said the Rice Creek Watershed District was reviewing this plan. They have requested easements to protect the edge of the creek. City Engineering staff requested a 25-foot easement from the center of the creek, so they do not have anything impacting the creek. Mayor Lund asked about the pond on the property that was mentioned in the stipulations. Mr. Bolin said there was a pond proposed for the north edge of the property. Petitioner proposed putting a fence around it. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 10 Mayor Lund stated that the pond was for runoff from asphalt and hard surfaces. Mr. Bolin stated that was correct. Mayor Lund asked about the Fire Department's turn around. He wanted to know if it was on the west side. Mr. Bolin replied that it was. He said the Fire Department requested an arrangement like this so they could get a truck in and turn it around. Mr. Ed Stanke, 7091 Highway 65, said he was present for several reasons. Council had answered some of his questions. He said when this proposal was first made, they were told the townhomes would be sold. They found out that they are not for sale, but are going to be houses for rent. He stated this made them feel differently. He said he wanted to make sure that the elevations of this property do not slope to the west because there may be drainage problems. Mayor Lund asked if Mr. Stanke had spoken to staff about the drainage problem. Mr. Stanke replied that they had addressed it with Medtronics engineering staff and they put in an oversized culvert to handle water Councilmember Barnette asked about the detention pond and if it was designed to run out onto Norton Creek, onto the cul-de-sac or into the storm sewer to the east. Mr. Haukaas, Public Works Director, stated that was the existing drainage pattern for that area. The development would not significantly change that drainage. Mr. Stanke said he wanted to make sure. Councilmember Wolfe said one of the stipulations said that grading and drainage plans should be submitted to City Engineering staff prior to the issuance of a building permit. Mr. Haukaas replied that they would review the grading and drainage plan. All their calculations are based on the conditions as they exist today. It is not meant to go back and remedy past problems. He said that Nortin Creek did serve a lazge area and the pipe that was installed for the Medtronic entrance was sized based on the creek, not for any other improvements adjacent to it. Changes in runoff are dealt with at the time of redevelopment Mr. Stanke asked if it would make a difference if they were owned or rented. Councilmember Billings asked Mr. Stanke if the current owner of the property moved some dirt around before or after the Medtronic project. Mr. Stanke replied after. 0 FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 11 Councilmember Billings said land alteration permits go through both the City Engineering and Community Development Departments. He asked staff if any land alteration permits were obtained by the esisting property owner. Mr. Haukaas said he did not remember one separate from the Medtronic development. Councilmember Billings stated he thought this needed to be addressed. Mr. Haukaas replied they would look at it, but without knowledge of what was there other than peoples' memories, it would be very• difficult. Councilmember Billings stated NIr. Stanke may have other remedies. Mr. Stanke stated if there was going to be a new development, they better meet the requirements of the land elevations and he would like to have it looked at. Councilmember Barnette asked if all of the property along Norton Avenue with the exception of 1152 is currently zoned R-3. Mr. Bolin replied that it was. Councilmember Barnette said that 1170 was a single-family dwelling but was zoned R-3. He asked why. Mr. Bolin replied that the R-3 district was created around 1969. It allowed the R-2 district to have only single-family and two-family homes. The entire neighborhood was zoned R-3. Councilmember Barnette asked if 1170 was currently R-3. Mr. Bolin replied that it was. Councilmember Barnette asked if the developer and wanted to build a four-plex on 1170, he would have a right to build a multiple dwelling on 1170. Mr. Bolin stated he would have that right, but he would still need to meet the land area requirements. Councilmember Barnette asked if a developer could come in and put townhomes in that area since it was already zoned R-3. Mr. Bolin replied it was possible. Ms. Cindy Mabel, 1214 Norton, said she had spoken with the owner of 1163. He said he had already been in contact with Mr. Juaire and told him he would sell after July. The owner of 1175 had also been contacted. His house was vacant now and he was anxious to sell. She wanted to know if they should be planning for the whole project now and considering the impact on the FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 12 neighborhood. She also said there was a problem with the map in that 7103 was not listed. That is owned by Harstad. Karen Sorenson wrote a statement that she was contacted by Mr. Juaire and was told that these townhouses were going to be for sale, for people to buy them, not to rent. Ms. Sorenson was unable to come to the meeting and asked that this be submitted. She said she had a petition to submit also. MOTION by Councilmember Wolfe to receive the petition and the letter from Karen Sorenson. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Mabel said that there are many trees in the area and at the Planning Commission meeting Mr. Juaire said there would be only six left. She stated that she was also concemed about parking. If the only parking available was in the garages and on space directly in front of the garage, people would be parking on the street. They already have a parking problem. She also worried about the safety of the children in the area with the extra traffic. She said she was not against rental property, but wanted to see the development be consistent with what was already in the azea, and that was double bungalows. Councilmember Wolfe asked if staff knew of all of the buildings that were potentially going to be in that area to prepare for the extra runoff. Mr. Haukaas replied that they could not do much with speculation. He said they have heard the same thing, but without actual plans and movement by the property owner or potential owner to do something, there was nothing they could act on. Mayor Lund asked if the petitioner would come forward. Mr. Michael Juaire, 9814 Pin Oak Avenue, Brooklyn Park, owner of PMJ Group, stated that he had a contractual arrangement with 1152 and 1170. Councilmember Wolfe said he would like Mr. Juaire to answer some of the residents' questions. Mr. Juaire stated with respect to the issue of for sale versus for rent, his business was rental property. He built rental property and retained it. He did not sell it and was not an absentee landlord. He said the properties were in excellent shape, excellent condition and maintained well. He said he did a thorough job of screening of tenants. This was the first property that he was planning for construction. It was being replatted for the ability to sell. He said they would be platted with the ability to sell. He said they were planning that within a five-year time frame. He said it was their intention for the units to initially be rentals. After a four to five year time frame, they would be sold individually. That was why they were being platted individually. He stated that Mr. Stanke did bring up the drainage issue with him, and he said he would talk to Mr. Stanke more about the issue. He said if there were particular issues that needed to be addressed, he would like to know. He said that 2'/2 to 3 inch trees will be added to replace those taken. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 13 With respect to parking, the design went beyond the requirements. There were two covered and non-covered parkinQ spots per unit, for a total of 16 spaces. Mayor Lund asked if he was aware of any land or soil movement on the property. Mr. Juaire replied that he was not. The owner did tell him that he put a timber retaining wall on the west end of the property. Mayor Lund asked Attorney Knaak if the Council had any authority to restrict zoning based on ownership versus rental properties. Attorney Knaack replied the Council did not. Councilmember Billings asked what the square footage of the units was. Mr. Juaire replied 1,700 square feet. Councilmember Billings asked him if he had any ballpark idea of what the rent would be. Mr. Juaire said around $1,2�0. Councilmember Billings asked how many bedrooms would be in each unit. Mr. Juaire said there would be three bedrooms and two and one-half bathrooms. Councilmember Billings asked what kind of income would people need to have in order to afford the $1,250 rent. Mr. Juaire said he believe it was a minimum of three times that amount per month. Councilmember Billings replied, so he was looking at a household income of about $40,000 a year or more in order to be able to justify paying the kind of rent he was planning on charging. Mr. Juaire said he was interested in doing a similaz project at 1163 and 1175. He said the owners have not committed to sell at this point. Councilmember Billings asked if he and his engineer had made any considerations to the present site that would include the possibility of acquiring the additional properties. Mr. Juaire replied it was discussed but there were too many unknowns. Councilmember Barnette asked how much a unit would sell for. Mr. Juaire stated $170,000. Mayor Lund asked about traffic counts. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 14 Mr. Haukaas replied there were no traffic counts for Norton Avenue. There would be increased traffic but he thought the road could handle it. Nfs. Pam Reynolds, 1241 Norton, said that with respect to the rezoning, she reviewed the Comprehensive Plan. She did find that there was a Norton Creek repair project slated between 2003 and 2004. Mr. Juaire can build, and it will increase traffic. When she read the Comprehensive Plan under zoning issues, it said changes should be carefully considered to ensure that the proposal did not adversely impact neighborhoods, community character, or set an undesirable precedent. Looking at that statement, if this area was rezoned there would be 8 units. Mr. Juaire will possibly obtain another 8 or 12 more. It would change their neighborhood drastically. She said she thought there were better things the property could be used for. Ms. Reynolds said the other thing the Comprehensive Plan discussed was that it was the Petitioner's responsibility to prove the proposal was within the interest of the community and within the spirit of the plan. NIr. Juaire spoke about his vision at the Planning Commission and said it was an upscale, high-end project, and he hoped to attract young professionals. She said most young professionals she knew were paying $950 at the most and were trying to save to buy a house of there own. She said she did not know of many professionals who would want to live adjacent to a railroad yard, high power lines, a highway and a parking lot of a large employer. She said it was not consistent with the neighborhood. Considering the location, she did not think it would attract young professionals. Instead, she thought it would attract multiple renters and a lot of traffic. Ms. Reynolds said she had one other item to discuss. She asked how much disruption would be caused in the neighborhood while the project was being constructed. She asked who was going to take care of the maintenance of the properties. She said she was concerned about the safety of the children during construction of the units. She said she thought Council and the Planning Commission should look at this again and really think hard about what there were doing to the neighborhood. Mr. Juaire stated professionals were interested in the properties. He said he agreed with the Planning Commission in that this was a nice looking building that would be an asset to the area. With respect to the Watershed District, he submitted a request over a month ago. They have gone through a review. There was a minor change that needed to be made by the engineer and it has been resubmitted. He expected a permit to be issued within a week. With respect to hours of construction he thought the ordinance said around 7:00 a.m. to 6:00 p.m. Councilmember Wolfe stated the ordinance changed to 9:00 a.m. on weekends. Ms. Leanne Prater, 1215 Norton, said she was concerned with how large the project was and what it would do to the neighborhood. She said it would add people and more traffic. She asked what all the heavy traffic and truck traffic would do to their street. The road already needed some repairs. She was also concerned about parking. If they could not park on the cul-de-sac, they would park on the streets. She was concerned that this would set a precedent for the property at 1175 and 1163. She said she was concerned with the number of renters in the area. She was also concerned about the pond and the problem it could possibly cause for young FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 15 children. She said she would like a fence put up around the pond. She said it was a nice neighborhood and this project would definitely change the dynamics of the neighborhood. Councilmember Billings asked what 1152 was currently zoned. Mr. Bolin replied it was zoned M-l. Councilmember Billings asked what could be put in an M-1 district. Mr. Bolin said there were a number of different light industrial uses. Anything could be put in that did not involve outdoor storage or manipulation of goods or products. Councilmember Billings stated if they did not rezone 1152 and access to 1152 was from Norton Avenue the property could be bought for light industrial use and there could be traffic bringing in goods and taking goods out. Mr. Bolin stated that was correct. Councilmember Billings asked about traffic patterns in an M-1 district. Mr. Bolin said there was more traffic from industrial and commercial users during the daytime hours than there would be from residential users. Ms. Reynolds said there was a problem with the zoning map. According to the map they received from City Hall their neighborhood was C-1, which was local business. She stated that at the Planning Commission meeting, they had no idea why it was M-1. It was corrected but not until she asked. Mr. Bolin replied that this map was an old version. It was corrected a couple of years ago, and this map should have been destroyed. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:50 P.M. OLD BUSINESS: 8. VARIANCE REQUEST, VAR #03-04, BY TIMOTHY MILLER, TO REDUCE THE FRONT YARD SETBACK, GENERALLY LOCATED AT 591 DOVER STREET N.E. (WARD 3) (TABLED FEBRUARY 24, 2003). Mr. Bolin, Planning Coordinator, stated the petitioner was Timothy Miller, the property owner of 591 Dover. Mr. Miller was seeking two variances that would allow for the reduction of the front yard setback at his residence located at 591 Dover Street. The first variance was to reduce the FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 16 front yard setback from 29 feet to 18.2 feet. This would recognize the existing non-conformity, the existing placement of his home. The second variance request would be to reduce the front yazd setback from 29 feet down to 10 feet to accommodate proposed construction of an open covered porch on the west side of his home. He said the Appeals Commission recommended approval of the front yard set back variance to recognize the existing non-conformity. The variance simply recognized the pre-existing condition. Approving the variance would not set a precedent for undeveloped lots in the future. With respect to the second variance request the Appeals Commission recommended denial. No similar variances have been granted in the past, ' an alternative option did exist, and there did not appear to be undue hazdship. Staff recommended concurrence with the Appeals Commission. . Mr. Timothy Miller, 591 Dover Street, stated the porch issue was discussed at the Appeals Commission meetina. Councilmember Wolfe asked how he felt about the decision. Mr. Miller said it would have been nice if it was approved. MOTION by Councilmember Barnette to remove this item from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Miller stated that he did not think there was anything more he could do to get it approved. He said they mentioned something about changing the address, and he did not want to pursue that option. He would like to leave everything the way it was and get the setbacks taken care of. MOTION by Councilmember Barnett to approve the front yaxd setback variance request recognizing an existing non-conformity. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. MOTION by Councilmember Barnett to deny the front yazd setback request to reduce the front - yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. NEW BUSINESS: 9. 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 #03-1, BY MICHAEL JUAIRE, TO FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 17 REZONE PROPERTY FROM M-1, LIGHT INDUSTRIAL, TO R-3, GENERAL MULTIPLE UNITS, GENERALLY LOCATED AT 1152 NORTON AVENUE N.E.) (WARD 2). i�10TION by Councilmember Wolfe to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIViOUSLY. 10. PRELIMINARY PLAT REQUEST, PS #03-01, BY MICHAEL JUAIRE, TO REPLAT PROPERTY FOR A TOWNHOME DEVELOPMENT, GENERALLY LOCATED AT 1152 AND 1170 NORTON AVENUE N.E. (WARD 2). MOTION by Councilmember Wolfe to approve Preliminary Plat Request, PS #03-01 with the following stipulations: The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 18 1 l. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. , 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. - 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. 10A. ORDINANCE AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE AMENDING MEMBERSHIP OF THE PLANNING COMMISSION FROM TWO • MEMBERS-AT-LARGE TO THREE MEMBERS-AT-LARGE. MOTION by Councilmember Barnett to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 19 11. INFORMAL STATUS REPORTS. Mayor Lund stated he was asked by SACA and the Values First programs to let the audience know about Empty Bowls which is a fundraiser to feed the hungry. It will be held at 4:30 at the Fridley Community Center on March 13. Mayor Lund said BFI would be holding their annual food drive the week of Mazch 24 through 27. Residents can place non-perishable food items, clearly marked, by their recycling. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MARCH 3, 2003, CITY COUNCIL MEETING ADJOURNED AT 10:08 P.M. Respectfully submitted, Denise M. Letendre Scott Lund Recording Secretary Mayor � L CfTY OF FRIDIEY TO: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2002 The Honorable Mayor and City Council William W. Burns, City Manager��i� Planning Commission Membership March 20, 2003 Attached is an ordinance amending Chapter 6 of the City Code to increase the membership of the Planning Commission from two to three members-at-large. The first reading of this ordinance was held on March 3, 2003. Staff recommends approval of the second reading of this ordinance. Attachment � ORDINANCE NO. Al�i ORDINANCE AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE AMENDING THE MEMBERSHIP OF THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY FINDS AND ORDAINS, AFTER REVIEW, EXAMINATION AND STAFF RECOMMENDATION THAT CHAPTER 6, COM\�IISSIONS, OF THE FRIDLEY CITY CODE BE AMENDED AS FOLLOWS: That Chapter 6 of the Fridley City Code is hereby amended as follows: 6.03 PLA,NNING COMMISSION 4. Membership of Planning Commission A. The Planning Commission sha11 consist of the Planning Commission chairperson, the chairperson of the Parks and Recreation Commission, the chairperson of the Appeals Commission, the chairperson of the Environmental Quality and Energy Commission, and t�e-E3-} three 3 members-at-large. (Ref. 871 and 937) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2003. ATTEST: Debra A. Skogen, City Clerk First Reading: March 3, 2003 Second Reading: March 24, 2003 Publication: 2 Scott J. Lund, Mayor � L CRY OF FRIDLEY Date: To AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2003 March 20, 2003 William Burns, City Manage rnr � �4 � 0 From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Second Reading of Ordinance to Approve Rezoning Request, ZOA #03-01, Michael Juaire, PMJ Group, Inc. M-03-46 INTRODUCTION Michael Juaire, PMJ Group, Inc. is requesting to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial to R-3, Multi-Family to allow for the construction of an 8-unit town home development. At the February 19, 2003, Planning Commission meeting, comments were made from two neighboring property owners. They expressed concerns about traffic, parking, number of units, sewer capacity and tree removal. PLANNING COMMISSION RECOMMENDATION At the February 19, 2003, Planning Commission meeting, a public hearing was held for ZOA #03-01. After a brief discussion, the Planning Commission recommended approval of plat request, ZOA #03-01, with the stipulations #1-#19 below. THE MOTION CARRIED BY A 3 TO 1 VOTE. PRIOR CITY COUNCIL ACTION At the March 3, 2003, City Council meeting a public hearing and first reading were held for rezoning request, ZOA #03-01. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. In addition, Staff recommends that the Council hold the second reading of the ordinance to approve ZOA #03-01, with 21 stipulations. :3 STIPULATIONS 1. The final landscape plan shali meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a buitding permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the properly prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable,park dedication fee of $1,500 per unit prior to the issuance of any building pe`mits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. ' 16. The driveway and fire turn around�shall,be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment: 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approvaL 0 City of Fridley Land Use Appiication ZOA-03-01 February 19, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael Juaire PO Box 43243 B�ooklyn Park MN 55443 Requested Action: Rezone propertv from M-1 to R-3. Existing Zoning: M-1 Light Industrial Location: 1152 Norton Avenue Size: 27,885 sq. ft. .64 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Vacant & Single family & M-1 & R- 3 E: Single family & R-3 S: Medtronic & M-2 W: Commercial & G2 - - Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Section 205.09.01.A.(1) allows multiple dwellings including rental and condominium apartments. Zoning History: 1949 — Lot platted. Home built pre-1949. 1967 — Garaqe built. Legal Description of Property: Lot 11, Auditor's Subdivision #89 Council Action: March 3, 2003 Public Utilities: Located near property. Transportation: Town homes will be accessed from Norton Avenue. Physical Characteristics: Typical suburban lot and landscaping. 5 SUMMARY OF REQUEST Petitioner, Michael Juaire is requesting to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial to R-3, Multi-Family to allow for the construction of a town home development. SUMMARY OF ANALYSIS City Staff recommends approval of this rezoning request. • Proposed rezoning is an extension of the existing R-3 zoning district. • Proposed rezoning is consistent with the Comprehensive Plan. Existing home Staff Repo�t Prepared by: Stacy Stromberg ZOA #03-01 REQUEST Michael Juaire, PMJ Group, Inc. is requesting to rezone the property located at 1152 Norton Avenue, from M-1, Light Industrial to R-3, Multi-Family. With this rezoning request, the petitioner is also requesting to re-plat both 1152 and 1170 Norton Drive to allow for the construction of an 8 unit town home development. ANALYSIS The subject property is zoned M-1, Light Industrial. The properties located immediately to the East and Northeast of the subject property are zoned, R-3, Multi-Family. The existing home was built prior to 1949 and the existing garage was built in 1967. Both of these structures would be removed to accommodate the town home development if the rezoning and plat are approved. Zoning —As stated above, the subject property is zoned M-1, Light Industrial and the existing land use is a single family home. The existing land use isn't consistent with the existing zoning designation. Rezoning this prope�ty would be an extension of the existing R-3 zoning classification as the entire No�ton Avenue block is zoned R-3, Multi-Family with the exception of this property. Therefore, rezoning this property would be consistent with neighboring properties. Photo of 1152 Norton Avenue Comprehensive Plan —The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan designates the 2020 future 0 land use of this property as "Redevelopment." Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable elements that reflect the community collective vision. The purposes of redevelopment are to remove older blighted structures and to provide the opportunity for more efficient land uses and eliminate inefficient land uses and under utilize parcels. Redevelopment can also provide an opportunity to build new facilities, meet current market demands and desires of the City and to eliminate incompatible land uses. All of the above purposes of redevelopment have the potential of being met with the rezoning of this property. Rezoning the property to R-3 is consistent with the Comprehensive Plan and will allow for the redevelopment of the property. Staff Recommendation City Staff recommends approval of this rezoning request, with stipulations. � Proposed rezoning is an extension of the existing R-3 zoning district. • Proposed rezoning is consiste�t with the Comprehensive Pfan. ' Stipulations City Staff recommends that the following stipulations be placed upon approval of this request. 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. B�ick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the prope�ty prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. � 13. Aii elements of the buiiding shail meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 20 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. : ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as foliows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County ofAnoka and the City of Fridley and described as: The West 284 feet of Lot 11, Auditors Subdivision No. 83, except the West 115 feet thereof, together with that certain easement for right of way established in Book 242, Page 491, according to the duly recorded plat thereof. Is hereby designated to be in the Zoned District M-1 (Light Industrial). 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 M-1 (Light Industrial) to R-3 (Multi-Family). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF MARCH, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: SCOTT J. LUND - MAYOR � / AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 24, 2003 ClTY OF FRIDLEY Date: March 10, 2003 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Second Reading of an Ordinance Declaring Certain Real Estate to be Surplus and Authorizing Sale Thereof M-03-43 INTRODUCTION Tim Sylvester Builders, Inc., owner of 5541 5'h Street, is seeking to obtain an unused portion of City right of way (ROW) located immediately south of his property. The 3,385.1 square foot parcel was originally taken by the State as ROW for I-694, but was turned back to the City in 1979. The City will retain a 10' boulevard between the edge of the property and the existing bituminous roadway, consistent with properties to the west. The parcel in question is not buildable as a stand-alone parcel and the City has no plans for future use of this property. As Tim Sylvester Builders has agreed to the City's conditions placed on the sale of this property, staff recommends the Council declare the property excess and authorize sale thereof. STAFF RECOMMENDATION Staff recommends holding the Second Reading of the ordinance declaring this property surplus and selling the property for $1/ square foot, with the following conditions: • Purchaser cover all filing fees associated with transaction. • Purchaser provide a guarantee of clean title. • Parcel be combined with Purchaser's existing property. • Purchaser prepare a quit claim deed. • Purchaser provide the new legal description of the property to the City. • City must approve architectural elevations of any buildings to be constructed on the combination of lots prior to issuance of any building permits. • The sale shall be effective by July 1, 2003. 10 ORDINAI�ICE NO. AN ORDIN�'�10E L�'r'DER SECTION 12.06 OF THE CITY CH�►RTER DECLARING CERTAIN REAI. ESTATE TO BE SURPLUS A.'�1D AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: That part of Lots 25 and 26, Block 7, Hamiltons Addition to 1�lechanicsville, Anoka County, Minnesota, lying Northerly of the following described line: Commencing at the Northeast corner of said lot 26; Thence southerly along the east line of said Lot 26, a distance of 46.50 feet to the point of beginning of the line to be described: thence Northwesterly to a point on the westerly line lying 5.50 feet southerly of the Northwest corner of Lot 26 and said line there terminating. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3. The Nlayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of the above-described real estate, for �1/square foot, to the adjacent property owner, with the following conditions • Purchaser cover all filing fees associated with transaction. • Purchaser provide a guarantee of clean title. • Parcel be combined with Purchaser's existing property. • Purchaser prepare a quit claim deed. • Purchaser provide the new legal description of the property to the City. • City must approve architectural elevations of any buildings to be constructed on the combination of lots prior to issuance of any building permits. • The sale shall be effective by July 1, 2003. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH OF MARCH, 2003. ATTEST: SCOTT J. LUND — MAYOR DEBR.A A. SKOGE�1— CITY CLERK First Reading: Second Reading: Publication: March 3, 2003 March 24, 2003 Apri13, 2003 11 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 5, 2003 CALL TO ORDER: Chairperson Savage called the March 5, 2003, Planning Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Diane Savage, Larry Kuechie, Brad Dunham, Dean Saba Members Absent: Barb Johns, Dave Kondrick Others Present: Stacy Stromberg, Planner Ted Theilmann , John Johnson, Metro Land Surveying Greg Stull, Realty Executives See attached list APPROVE THE FEBRUARY 19, 2003, PLANNING COMMISSION MEETING MINUTES' MOTION by Mr. Saba, seconded by Mr. Dunham, to approve the February 19, 2003, Pianning Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBUC HEARING: Consideration of a Plat, PS 03-02, by Ted Theilmann, to subdivide three parcels into eight single family lots, generally located at 1540 Rice Creek Road. MOTION by Mr. Kuechle, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:38 P.M. Ms. Stromberg stated that the petitioner, Ted Theilmann, is requesting a replat to subdivide the property at 1540 Rice Creek Road into eight single family lots. The existing home at 1540 Rice Creek Road was built prior to 1949, and the existing garage was constructed in 1962. Both of these structures will need to be removed in order to accommodate the creation of the eight single-family lots. The Fridley City Code requires that lots in the R-1, Single Family, district, have a minimum lot area of 9,000 square feet. All eight lots exceed the minimum lot area requirements. The Fridley City Code also requires that lots in the R-1, Single Family, district, be a minimum of 75 feet in width at the required front yard setback. Ms. Stromberg stated that of the eight lots, seven are substandard by a maximum of 2 feet. Lot 2, Block 2, is 75 feet wide at the front yard setback and does meet code requirements. Lots 1 and 3, Block 1, are 73 feet wide; Lots 2 and 4, Block 1, are 74 feet wide; Lots 1 and 3, Block 2, are 73 feet wide; and Lot 4, Block 2, is 74 feet wide. 12 PLANNING COMMISSION MEETING, MARCH 5, 2003 PAGE 2 Ms. Stromberg stated this development would provide additional homeownership opportunities for Fridfey residents or people wanting to move to this area. The future residential land use section of the Comprehensive Plan states that future redevelopments should plan for densities that match surrounding development patterns. Redeveloping this property into 8 single-family lots would meet this Comprehensive Plan criteria as all of the surrounding prope�ties are between 9,000 and 10,000 square feet. The exception is the property located at 1530 Rice Creek Road, directly west of the subject property, which is 21,908 square feet. Ms. Stromberg stated the proposed development would allow the connection of Woodside Court as a through street which will, in turn, be more e�cient for the Public Works staff. The connection of Woodside Court will allow for more efficient snowplowing, will complete the transportation system and the water system in the neighborhood, and will be a safety and fire protection benefit. Ms. Stromberg stated the petitioner has indicated that years ago, Outlots A and B were given to his parents in exchange for the right-of-way along Briardale Road. The intent of the exchange was that by providing Outlots A and B to the petitioner's parents, the property could one day be split. However, the 15.53 foot outlots that were exchanged are 3 feet short of being sub- dividable by current code standards. Ms. Stromberg stated the subdivision ordinance states that the Planning Commission or City Council, upon finding any regulations or requirements of the Code that cannot be met by a particular subdivision, may grant approval of a plat request with minor variances. Recognizing minor variance deficiencies through that platting process is not intended to set a precedent for future variance requests. City staff recommends approval of this replat request with stipulations as it provides additional homeownership opportunities, and the Woodside Court extension provides benefits to the City. If the plat is approved, staff recommends the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of the existing home and any outdoor storage on-site shall be removed prior to granting a final plat. 3. Regular maintenance of the site shall be done by the developer until the homes are built. 4. The grading and drainage plan shall be approved by the City's engineering staff prior to issuance of any permits in order to minimize impacts to the surrounding properties. 5. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. During construction, silt fencing shall be used where applicable. 7. The petitioner shall provide easements as required by Section 211.07.21 of the City Code. 8. The petitioner shall pay $1,500 per lot park fees prior to issuance of building permits. 9. The petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. Plan shall be approved by the City's Engineering department. 10. 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. 11. The petitioner shall work with existing contours of the land and preserve existing slopes to the extent possible. 13 PLANNING COMMISSION MEETING, MARCH 5, 2003 PAGE 3 12. A Development Agreement outiining the developer's obligation to install utilities, etc., shall be prepared by the City and shall be signed by the petitioner prior to final plat approval. Mr. John Johnson, Director of Engineering for Metro Land Surveying, stated that he is there to help answer questions the Commission or the residents may have so they have a better understanding of what they are proposing. He was hoping to get some clarification on three items in the stipulations. Mr. Johnson stated the first question was in stipulation #2, removing the existing home prior to final plat approval. That was something that hadn't been discussed prior to seeing the staff report, and they are wondering why that was a requirement. Mr. Johnson stated that stipulations #10 and #11 kind of worked together, the preserving of the trees on site and the grading of the site. Because of the nature of the site and the topography of the site, it is going to take some very unique handling of the area where the trees are the heaviest and the hills are the steepest to make sites for homes. The timing for getting those lots implemented may have a little longer time frame than the two lots that face Briardale Road and the two that face Rice Creek Road. Those can happen fairly easily because the streets are in place and they just need to put in sewer services. Sewer services are on one side but not on the other. Getting the street built and saving the trees is going to take more time. They don't have a problem with the stipulations, just identifying the best ways to go about developing each site. Mr. Kuechle asked Ms. Stromberg if she can just give them a little enlightenment on the platting process. This is a preliminary plat, and what is the process to reach the final plat? Ms. Stromberg replied the preliminary plat goes to the Planning Commission. The Planning Commission's recommendation goes to the City Council for approval or denial. If the preliminary plat is approved by the City Council, then the petitioner must file the plat with the County. Once the petitioner has gotten the okay from the County, the petitioner comes back to the City for final plat approval. At that time, the final plat goes to the City Council only; it does not have to go back to the Planning Commission. Mr. Kuechle asked about the time frame. Ms. Stromberg replied it can be anywhere from 2-6 months. It kind of depends upon the County and how quicklythe petitioner can get the final plat back to the City. Mr. Johnson stated he wanted to talk about the 15.5 foot strip--one of those pieces of history where hindsight is 20/20. The original handwritten agreement between Mr. Theilmann's father and the developer at that time said that the strip would be approximately 20 feet by whatever length it was. How it turned out to be 15.5 feet is one of the reasons why they need to discuss these issues. It isn't that there was any decision on the part of Mr. Theilmann or his father to create it, it was what was left when the developer got done with the 4 lots to the north or 8 lots to the north of this project. It was one of those unfortunate things that just happened, but he believed they have come up with a very good subdivision of the property; and if they can save some of those beautiful trees and create a nice neighborhood, that would be desirable by all. Mr. Joe Hoesley, 1581 Woodside Court, approached and stated his home would be east of Lot 3. He asked how Mr. Theilmann was going to develop the lots. 14 PI.ANNiNG COMMISSION MEETING, MARCH 5, 2003 PAGE 4 Mr. Theilmann replied they would try to develop them all at the same time if possible. The four lots that are adjacent to the road would be the easiest lots, the least amount of work would be necessary to develop those lots. It is his intention that everything would go through as quickly as possible given the constraints that they have in the stipulations on preserving trees and terrain. Those issues do pose a little bit of a problem for engineering the road and grading. Mr. Hoesley asked when would that road be going through. Is that the City's responsibility? Mr. Theilmann replied, no, he believed that was his responsibility. The road would go through as part of the development. Mr. Hoesley stated his property is approximately 5 or 6 feet higher than the Theilmann property. Is Mr. Theilmann planning to take all that dirt, grade it, and raise it up to be level of his property? Mr. Theilmann stated that is why he hired the engineering firm of Metro Land Survey to generate a grading plan that would be approved by the City engineers to make sure there isn't adverse drainage onto any surrounding properties. Mr. Hoesley replied drainage is one thing, but he is also concerned about aesthetics. He has a retaining wall (railroad ties) that goes the length of his property. Is it allowable for Mr. Theilmann to fill that in to cover a retaining wall? Mr. Theilmann stated there is kind of a hole there that is kind of dropped down. It would be his desire to try and bring that up and try and get as much water to drain to the street. So he thinks they would try to match the elevation so there wouldn't be either a hill or a depression at that point but, here again, Metro Land Engineering has been hired to come up with a plan that would be agreeable. Mr. Hoesley stated he would like to see how that is going to happen. He has 150 feet there and he is concerned about that process and what it will look like, whether it will be suitable aesthetically speaking. Ms. Stromberg stated that once the plans have been submitted to the City, staff could definitely call Mr. Hoesley so that he could take a look at the plans. They do have a stipulation on the plat request that none of the surrounding property owners are affected as a result of this. Mr. Hoesley stated, yes, he did see that stipulation, but was still curious about the process. Ms. Stromberg stated staff can certainly have Mr. Hoesley look at the plans. Mr. Hoesler stated he likes the idea of Woodside Court going through and taking down at least the Cottonwood trees. Mr. Johnson stated the grading plan has to be approved by the City Engineer, and they have some real interesting challenges here in balancing tree preservation, topography preservation, and making the lots work. Those lots that would be immediately adjacent to Mr.Hoesler would probably be walkout lots, so the front wilt be up at street level and the back would walk out at the lower level. More dirt will probably leave the site than will remain on the site when they are done, because there is a pretty good hill they have to go through at the west end of Woodside Court. Right now they don't have a plan that they can lay on the table and say this is how it is going to work, but they have looked at it and talked about it enough to know it is feasible. The City is very desirous on getting that piece of road built, and they don't see that as an 1� PLANNfNG COMMISSION MEETING, MARCH 5, 2003 PAGE 5 impediment to the plan at this point. It is just a matter of coming up with the best solution for everybody. He doesn't think there will be any drainage issues, but it is going to take some creativity to make it all happen. They will definitely work with the neighborhood. Mr. Steve Resch, 1541 Woodside Court, stated he is in favor of this development, but there are some water problems and the hills. He has built his house about 20 years ago and ever since he has had water up to two feet deep in his front driveway. The neighbors can attest to that a�so. The water comes off the hills, and it's like a lake; there are even ducks in there. He has been trying to pump it out, and he just doesn't want the water running down his driveway anymore, so the engineer has his job cut out for him. He asked about the tree preservation stipulation. Is there something that stipulates that if the developer removes so many trees, he has to replace so many? Ms. Savage stated the stipulation states that all trees required to be removed shall be marked and approved by City staff. Replacing trees is not part of the stipulation. Mr. Resch asked how long this project would take. Mr. Johnson stated they are hoping that the project could be done before the end of this construction season, but a lot of things have to come together to make that happen. Mr. Resch stated he hoped they wouldn't remove all that soil up there. They wouldn't take that hill down, but would they put in tuck-unders or whatever is there? Mr. Johnson replied that is one of the things that has been discussed — retaining walls, unique siding of buildings to preserve topography and trees. However, they have to find a buyer or builder who is willing to do that, and it takes time. Mr. Resch stated he hoped they are not going to stick a two-story house up on top of the hill where the owners would never see the sun in the morning. Mr. Johnson stated it is going to be a challenge. One of the stipulations says they have to do the best job they can, and City staff is going to be watching them very closely. He just does not have a good answer to these questions right now. Mr. Tim Leighton, 6201 Rice Creek Drive, stated he lives on Rice Creek Drive and Briardale Road. Regarding the two lots that would be on Briardale, were they not up to code widthwise and wou�d need a variance? Also, if lot width is an issue, does that dictate how big a home can be put on the lot? Ms. Stromberg stated that, through the platting process, the Planning Commission and the Council can grant a plat with minor deficiencies without requiring a variance. As far as the home size, in regards to the lot width, there wouldn't be a need for a smaller home; the placement of the home would have to comply with the front yard, rear yard, and side yard setback requirements. Mr. Leighton asked if the City knew of any variance the builder or developer is going to need in the placing of homes. Ms. Savage stated the City of Fridley has rules about the setbacks for the side and the front and back yards, so obviously the builder would have to comply with those setbacks or request a variance. There is no indication at this time whether the builder will need any variances. 16 P�ANNING COMMISSION MEETING, MARCH 5, 2003 PAGE 6 Mr. Leighton asked if these lots are going to be available to the public. Mr. Theilmann replied there is currently no contract with a developer; however, a developer is interested in this property. It is possible some lots could be available to the public, or the lots could be sold as one package. Mr. Mike Serie, 1531 Woodside Court, stated he has lived here 16 years. They have a pond that forms every spring and when there are heavy rains, so drainage is the major issue that he would be concerned about. In looking at the topography and the hills that are there, his question would be if you try to maintain what they have here today in terms of the levels (and it's very steep there), but if you try to put houses there, it might actually look abnormal or different than it should look and he would challenge the Planning Commission to take a look a this a little differently. Maybe more should be cleared off, and maybe the trees shouldn't be the primary concern. They could have a situation where a homeowner is looking down at everybody, and it's going to look crazy. If he was an adjoining neighbor, he would definitely think there should be an opportunity for the neighbors to see what the property elevations are going to look like. He thinks it is going to be a very challenging effort on the part of an engineering firm to try and do that. Mr. Greg Stull, Realty Executives, stated he is a builder and developer. His company is considering the parcel, and he has been working closely with Mr. Theilmann and Mr. Johnson. The grading and drainage issues are of great concern. He doesn't think maintaining that large knoll or nodule on that land is something that can be accomplished with retaining walls, etc., because the ponding and the water are probably going to still be issues. He would think that the development, in terms of its grade and topography, is going to be very similar to the existing homes around. So, iYs going to have a good blend. All of this will have to go through the approval process with the City. Mr. Ron Larson, 6221 Rice Creek Drive, stated he believes his lot is adjacent to Block 2, Lot 2. Their house may be most affected by the elevation issues and the grading issues. He thinks that the hill behind 6221 is probably higher than it is adjacent to any other of the parcels. He stated that he didn't know if any of the Commission members had an opportunity to go out and look at this, but if they could envision what a two-story home would look like behind 6221 where it is already about 15-20 feet up in the air. That home would practically block out the sun. He doesn't know if they could possibly meet stipulations 4 and 11 to minimize the impact on surrounding prope�ties and work with the existing contours of the land to preserve existing slopes to the extent possible. If they do have to take a lot of dirt out behind his property, he believes there are some kind of drainage and utility easements on all the properties to the back lots. He thinks they would probably have to come in and actually dig, probably 6 feet into his property, in order to level that out, so there are some unique issues there. It is a hill that goes almost straight up, maybe a 15-20 foot elevation in about maybe 35 feet into the back of his lot. Mr. Larson stated they have two trees at the back of their lot (Lot 2) that are right on the property line. During the grading process, those trees will probably have to be removed. What is the process, because he doesn't know if the trees are actually on his property or on the Theilmann property. Ms. Savage stated the City does have to approve the removal of the trees. 17 PLANNING COMMISSION MEETING, MARCH 5, 2003 PAGE 7 Mr. Serie stated that because this is such a unique situation, the people, particularly those most affected by the grading, should actually have the ability to take part in the approval process, along with the City engineers. Mr. Johnson stated that regarding the two trees, the one closest to the street is a 20-inch Eastern Cottonwood. Most people want to get rid of cottonwoods. The other tree is a 10-inch Siberian Elm which is probably right on the property line, if not over it. The Cottonwood is north of the property but right on it. He does not have an answer to the question of whether or not those trees will need to be removed. It's something that has to be resolved. He didn't know what the City's process is here for involving the neighbors in the grading plan process, but he did not have a problem providing some mechanism to do that, as long as it's reasonable Mr. Serie stated Mr. Johnson seems to be in agreement with the neighbors participating in that process. He is wondering how the Planning Commission and the City feels about stipulating that. Ms. Savage stated she didn't think that would be a problem. That seemed like a reasonable way to proceed. Mr. Kuechle stated he thought the Planning Commission can make that recommendation to the City Council, but the City Council would have to make that decision. He was not sure the Planning Commission could create an obligation on the part of the developer to involve the neighbors. Mr. Serie asked about making an obligation on the part of City Engineering to involve the neighbors, because that is the department that is going to make the final approvals on the drainage and grading plans. Mr. Kuechle stated he is not sure about that question. Mr. Serie stated it's just that the real issue with this particular project is really the grading plan. There is no question that the grading is going to have the biggest impact on the neighborhood, along with the resulting aesthetics and the manner in which those houses fit in with the character of the neighborhood. Mr. Johnson stated these stipulations are a condition of approval of the preliminary plat. Does the City require that all the stipulations be satisfied before the final plat is released for recording? Mr. Kuechle stated that is one of the reasons for stipulation #2, for example, that any remaining debris from demolition of the existing home and outdoor storage on site be removed prior to granting the final plat. That is really the City's leverage to say that the job hasn't been done. Mr. Johnson stated that is why he was trying to clarify #2. They will demolish buildings, and they will remove the debris. They had a question on why the house has to be removed. Regarding stipulations #4, 10, 11, if they have to have a grading plan and mark the trees for preserving or taking down, do they need to have all these things done before the Council will act on the final plat? Ms. Savage asked if the petitioner can work with the City on resolving some of these issues, with the goal that the neighbors will be informed and will be part of the process. She wasn't sure the Commission could give them an answer at the meeting. : PLANNING COMMISSION MEETING, MARCH 5, 2003 PAGE 8 Ms. Stromberg stated these exact stipulations will be on the final plat. Some of them are required prior to final plat. But the majority of the ones that Mr. Johnson is talking about are required prior to issuance of any building permit. So they would be able to go through the final plat approval, but before construction is begun, staff wants to see the grading and drainage plan and the tree inventory. Mr. Johnson stated the timing of the construction on the four lots that are on either side of the street will be at a littfe different point in time, depending on how they can set up contractors and get it organized. He is thinking that maybe they can come up with a plan that has been reviewed by the City and the neighbors as a stipulation for release of plat and that the plat then provides the warranties/guarantees necessary to implement the plan as part of the building permit process--a kind of a two-step process, a plan and an implementation program that would occur. Does that seem reasonable? Ms. Paula Baron, 6240 Rice Creek Drive, stated she is on the west end of the Woodside Court extension and she wanted some clarification about the existing street on the east side of Woodside Court. Is this going to stay that way where it ends and is kind of curved? Mr. Johnson replied that they are not planning on changing the end of that existing street, other than to make an appropriate connection to it. The existing road squiggles through there and the reason it squiggles is to try and get as many square feet as possible so they don't need any variances and only have to deal with the width issues discussed earlier. Ms. Baron asked if it would be possible to be notified when the City has a plan for that bottom section of Woodside Court. Ms. Stromberg stated she can have Jon Haukaas, the Public Works Director, contact Ms. Baron as soon as next week about the City's plans to extend or replace the existing road. Ms. Baron asked the dollar value of the homes that will be placed on these lots. Mr. Stull stated that right now the projections with a proposal of a purchase of this property and what the lot costs after developing would be a lot cost of somewhere in the range of $110,000 to $120,000. The houses will probably be running anywhere from 25 percent to 30 percent more than the current values of the homes in the area now, so he would expect the homes being anywhere from $350,000 to $370,000. Ms. Pat Serie, 1531 Woodside Court, stated that except for the part the City has to do, do the homeowners normally get assessed when a street in front of their house has to be redone, or assessed for the curbing or the tree removal? Ms. Stromberg stated that as far as the tree removal, she doesn't see that they would be assessed for that; but if the City has to put in new curb and gutter, they could be assessed. She stated she would clarify this and get an answer to Ms. Serie's question. Ms. Wendy Resch, 1541 Woodside Court, stated she is the one with the long driveway. When they bought that lot 20 years ago, they did put money in escrow with the City, so her concern is that if she has to pay for that chunk of street and curb, she hopes that money in escrow earned a lot of interest. They always knew the street would go through. 19 PLANNING COMMISSION MEETING. MARCH 5, 2003 PAGE 9 Mr. Theilmann that during his research, he found that there are water and sewer stubs, a hydrant has been put in, and even the curb portions are there. He believed the only thing not done was paving the street. So, some of that work has already been done in advance for this event. Mr. Ron Larson, 6221 Rice Creek Drive, asked if he could be included in any communication that they might have with the neighbors on how the City is going to proceed with that particular one-third of the Woodside Court improvement. His property is one of two properties that are probably most affected by this, and they don't nave any money in escrow with the City. Ms. Savage suggested that those who would like to be notified by the City should indicate that to Ms. Stromberg after the meeting is over. MOTION by Mr. Saba, seconded by Mr. Dunham, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:48 P.M. Mr. Saba stated he didn't have any problem with the plat request. If Ms. Stromberg could answer the question for the developer before the City Council meeting about why that one house has to be removed, the Commission could amend the stipulations. Mr. Kuechle asked if they should add a stipulation that there would be at least one public meeting with the neighbors during the development process? Mr. Saba stated that would be nice if they could do that. Ms. Savage asked Ms. Stromberg what the reason is for demolishing the current home. Ms. Stromberg replied they do put that on most plat applications just to ensure that there aren't any outdoor storage issues or that they have half of the home sitting there and then they receive complaints from neighbors about what is happening on the site. It is just kind of a standard stipulation that they put on most plat requests to ensure that the property is maintained while it is going through the plat process. Ms. Savage stated she didn't see why that should be a problem. Mr. Johnson stated the problem he has is that the stipulation reads as if the house has to be demolished. Is there a problem with the house staying there because it does sit on one of the finished lots? Ms. Stromberg stated it was staff's assumption that the house would be removed and that is the reason for the stipulation. If they do not want to remove it, it can stay; however, she does think they are going to have setback issues with it. Mr. Johnson stated he thinks they can solve that if that's the issue. They can adjust that rear lot line between Lots 1 and 3 to get the rear setback. There is plenty of room to install a garage and attach it to the front of the house. Mr. Kuechle asked if they plan to keep that house. 20 PLANNING COMMISSION MEETING, MARCH 5. 2003 PAGE 10 Mr. Johnson stated Mr. Theilmann wants to have the option of keeping the house. If they do demolish the house, then the stipulation is okay. They just want the option of not being required to demolish the house. Ms. Savage asked if there was a problem with it not looking like the other houses. Mr. Johnson stated it is an older home, but it does have good functioning heating and air conditioning equipment and adequate electrical service. The garage is an issue because once it is torn down, a garage would have to be put some place else. There is a spot in the front where the garage could be set and look very typical to some of the older homes. Mr. Theilmann's brothers and sisters grew up in that house, so there is also some sentimental value. Ms. Savage asked if it would be possible to preserve the existing home. Mr. Johnson stated that if they can get the lot lines configured such that it does not require a variance to the rear setback, he guessed that could be the stipulation. The existing home can stay if no additional variances are required. Ms. Savage asked how the Commissioners wanted to handle this request. Mr. Saba stated he had no problem with the plat request as long as Mr. Theilmann presents the revised preliminary plat to City Council as part of the recommendation and City staff makes the final decision to the Council. He doesn't know how the staff feels about modifications to a preliminary plat prior to the City Council approval. Ms. Stromberg stated she believed it could be done as long as it was done prior to the preliminary plat going before the Council. Essentially, it is changing the lot lines which changes the legal descriptions, so it's changing the plat. She will need to verify this, because staff has never had a petitioner ask for a change after it's been at the Planning Commission. Ms. Savage stated what concerned her is that the public hearing was conducted using this information with the lot lines as described and the demolition of the house, and, now, without reopening the public hearing, they aren't able to have any more input from the neighbors about that. Maybe they should just leave it as it is. Mr. Kuechle stated he was also uncomfortable with making any changes at this point in time. As Ms. Savage just pointed out, all their discussions were based on the lot lines as presented. Mr. Savage suggested the Commission approve the plat as presented with the stipulations. If the petitioner wants to modify his plans, then he would have to come back before the Planning Commission again. Ms. Stromberg stated she would agree with that, but she can verify that information. If the petitioner wants to make minor changes, maybe it could be done before the City Council meeting. Otherwise, it would need to go before the Planning Commission again. Mr. Saba replied there is that technicality. That is a very good point that this whole public hearing was based on the preliminary plat. Now, if they go and modify the plat, it is only fair to the neighbors to reopen the public hearing or to have a new public hearing. 21 PLANNING COMMISSION MEETING, MARCH 5, 2003 PAGE 1 I Mr. Kuechle stated it might be a moot point anyway if the petitioner cannot get enough setback on that lot and still keep the lot in compliance. ThaYs the first thing they need to calculate. Mr. Kuechle stated he would like to•add a stipulation that when the petitioner gets the plan ready for the City Engineer, a public meeting be held with the neighbors to discuss the plat or the plan. Ms. Stromberg asked if that would be the responsibility of the City or the petitioner to hold the meeting? Mr. Kuechle stated he would suggest that it would be the petitioner's responsibility. He is a bit uncomfortable with it because he is not sure that they legally have any leverage on the City side to make that happen. Mr. Theilmann asked if he could get the mailing list from staff to mail notices to those neighbors interested in attending a public meeting. Ms. Savage stated staff could make that available. MOTION by Mr. Saba, seconded by Mr. Kuechle, to recommending to City Council approval of preliminary plat, PS #03-02, with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of the existing home and any outdoor storage on-site shall be removed prior to granting a final plat. 3. Regular maintenance of the site shall be done by the developer until the homes are built. 4. The grading and drainage plan shall be approved by the City's engineering staff prior to issuance of any permits in order to minimize impacts to the surrounding properties. 5. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. During construction, silt fencing shall be used where applicable. 7. The petitioner shall provide easements as required by Section 211.07.21 of the City Code. 8. The petitioner shall pay $1,500 per lot park fees prior to issuance of building permits. 9. The petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. Plan shall be approved by the City's Engineering department. 10. 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. 11. The petitioner shall work with existing contours of the land and preserve existing slopes to the extent possible. 12. A Development Agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the petitioner prior to final plat approval. 13. The petitioner shall hold at least one public meeting with the neighbors to discuss and inform them of the development plans. UPON A VOICE VOTE, ALL VOTING AYE, MS. SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this will go to City Council on March 24. She would urge all those interested to attend that meeting. 22 PLANNING COMMISSION MEETING, MARCH 5, 2003 PAGE l2 2. RECEIVE THE MINUTES OF THE FEBRUARY 12 2003 APPEALS COMMISSION MEETING. MOTION by Mr. Kuechle, seconded by Mr. Saba, to receive the Minutes of the February 12, 2003, Appeals Commission UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the next meeting is March 19. There is one item for that meeting. ADJOURNMENT: MOTION by Mr. Saba, seconded by Mr. Dunham, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MARCH 5, 2003, PLANNING COMMISSION MEETING ADJOURNED AT 9:04 P.M. Respectfully submitted, ��- Gt.� Denise M. Letendre o`�� Recording Secretary 23 CITY OF FRIDLEY SIGN-IN SHEET PLANNING COMMISSION MEETING �a� s, ��03 Name and Address �(Z�C ��1� L� > i�—•�� 5LGc I_S`�`I v ,1 � e 5 � L, � ' > , ;,,1 r^ ��, ��, ��o �2<« Agenda Item of Interest -� c � L�l j4 c�� , „ - - o�-; .� �� I G2� G�� , ,�,�/l L,�� z"; �/�ucc �� ; �� ;� �� -�.� �� -��:��,� ,L.�� J-,� � �. � , � � � �a� � __%��'� ��L°h'� C� 2 Z i t��c.E C r��K �r - �� , lrncc<-� - i� r r ^ r� ��1G � � (�Q�so� �� 'ry� ��/6�'�� pZo/ � v�. � , ) �-1 � ! .P 1 t �i �(�� ll — 4�i Z- r�-�' �c� ��;� � �� 1'�1� �(OVS��w� bti�� R.�c�C�!��`� r � r� � � �1 �� "i�-rr�r�/ �l r ��- - c� � �� rna � ,-------.- ,, � � � CRY OF FRIDLEY � TO: � FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2003 `Villiam W. Burns, City Manager �,� '� Jon �� Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director March 19, 2003 Resolution for Use of MSAS Funds P�V03-037 In order to be eligible to use our Municipal State Aid System funds on our neighborhood streets, MN rules 8820.1800 requires the City Council request this use by resolution. The attached resolution requests disbursement of the City's population portion of the Municipal State Aid System construction funds for the proposed Marian Hills Neighborhood Street Improvement Project No. ST. 2003 - 1. Recommend the City Council adopt the attached resolution for submittal to the State Aid Office. LO/JHH:cz Attachment 25 RESOLUTION NO. - 2003 RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL USE WHEREAS the City of Fridley receives Municipal State Aid System (MSAS) funds for construction and maintaininq 20% of its City streets, and WHEREAS 23.17 MSAS miles are currently authorized and have been improved to State Aid sta^dards and are in an adequate condition that they do not have . needs other than additional surfacing, and WHEREAS the City currently has 92.7 miles of local streets that require _ maintenance and upgrade, and WHEREAS it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS it is proposed to systematically install concrete curb and qutters and storm sewer system for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS it is proposed to use a portion of the City's population allocation funds to upgrade local streets, towit: 52°d Avenue, Buchanan Street, Fillmore Street, Lincoln Street, Pierce Street, Skywood Court, Skywood Lane and Taylor Street, and WHEREAS the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS the City indemnifies saves and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions or causes of action arising out of or by reason or matter related to constructinq the local street as designed, and WHEREAS the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS the final approval of the State Aid for Local Transportation Division is therefore required. NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, requests the release of MSAS funds for the upgrade and reconstruction of City municipal streets, towit: 52°d Avenue, Buchanan Street, Fillmore Street, Lincoln Street, Pierce Street, Skywood Court, Skywood Lane and Taylor Street, identified as City Project No. ST. 2003 - 1. ' PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24x DAY MARCH, 2003. - ATTESTED: DEBRA A. SKOGEN - CITY CLERK r 1'' SCOTT J. LUND - MAYOR ■ � � CRY OF FRIDLEY � TO: - FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2003 William W. Burns, City vlanager�`.�� Jon H. Haukaas, Public Works Director Layne Otteson, Asst Public Works Director March 10, 2003 2003 Miscellaneous Concrete Repair Project No. 351 PW03-032 On Wednesday, February 26, 2003, bids were opened for the 2003 Miscellaneous Concrete Repair Project No. 351. Specifications were sent to 11 contractors and 6 bids were received. The low bid was submitted by Creative Curb of Watkins, MN, in the amount of $73,387.50. The 2003 project includes remedial sidewalk repair, repair of concrete street panels, and repair or replacement of concrete curb due to utility repairs or driveway entrance permits. Recommend the City Council receive the bids and award the contract for the 2003 Miscellaneous Concrete Repair Project No. 351 to Creative Curb in the amount of $73,387.50. JHH:cz Attachment 27 BID FOR PROPOSALS 2003 NIISCELLANEOUS CONCRETE REPAIR PROJECT NO. 351 WEDNESDAY, ;VIARCH 5, 2003, 10:00 A.M. PLAI�FHOLDER~ .�....-'A ......�. :-.BI�kBd� ' ' �ID " , � ��?D�END�ETiVi Creative Curb AIA $73,387.50 64358 375 St Watkins MN 5�389 Ron Kassa Construcrion Inc Old Republic $73,587.50 6005 250th E Elko MN 55020 Curb Master AIA $77,100.00 500 W Poplar Street Srillwater MN 55082 Knish Corporarion Northem American $83,737.50 14127 Groveland Trail Lonsdale N1N 55046 Standard Sidewalk Inc Granite Re $96,185.00 13450 Andrews Ave Lindstrom MN 55045-9444 Quality Restorarion Services Inc AIA $132,731.25 3225 Neil Armstrong Blvd Ste 400 Eagan MN 55121 Arthyde Construcrion Inc NO BID 77 Dennis Ln N Maplewood MN 55119 C G Construcrion NO BID 1733 Liberty St Mora MN 55051 Park Construcrion Company NO BID 500 73rd Ave NE Ste 123 Minneapolis MN 55432 _ Safety Signs, LLC NO BID 18474 Kenrick Ave S Lakeville MN TI-Zack Concrete Inc. NO BID 39352 221st Ave Le Center MN 56057 : � � CRY OF FRIDLEY ' TO: - FROM: DATE: SUBJECT: � AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2003 William W. Burns, City Manager � � Jon H: Haukaas, Public Works Director March 14, 2003 TH 65 Causeway Project PW03-036 As discussed with the City Council several weeks ago, SEH has been working with MnDOT to finalize the design layout and get all approvals for the TH 65 Causeway project. Through this process, the project has been significantly expanded beyond its original scope. The City Council agreed with staf�'s recommendation to continue this project and see it through to completion. In order to do that, SEH has prepared a contract amendment letter stating it will complete all final design documents to the expanded scope with MnDOT approvals for a not-to-exceed cost of $250,000. These fees are reimbursable &om our Municipal State Aid construction account without affecting the money available for our regular neighborhood street reconstruction program. Recommend the City Council approve the attached Contract Amendment with SEH for the completion of design documents for the TH 65 Causeway project. JHH:cz Attachment 29 - - 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 651.490.2000 651.490.2150 FAX - architetture • engineering • environmental • lranspostation February 21, 2003 Jon Haukaas, P.E. Director of Public Works City of Fridley 6431 University Avenue NE Fridley, MN 55432-4303 Dear Mr. Haukaas: RE: City of Fridley TH 65 at Moore Lake SEH No. AFRIDL0004.00 This letter describes additional enb neering services required by the TH 65 at Moore Lake project. If acceptable, this letter would serve as an amendment to our original Engineering Services Agreement dated August 14, 2000. We aze continuing to wor.k through plan approvals and review with Mn/DOT. Signature approval of the preliminary layout is now in process. We had thought that the preliminary phase was close to completion back in May 2001, but it has progressed slowly. In the review process, Mn/DOT made a number of requests for additional information, as well as additional requirements to the plan. Some of the information requested included a geotechnical analysis of alternates for the treatment of the causeway embankment, and a traffic study of the entrances north of East Moore Lake Drive,.In addition, the project conrinues to be expanded to the north. A right turn lane was added at Old Central ( C S A H 3 5), r e q u i ri n g t he subse quent reconstruction of Hillwind Road. Fnally, the complexity of the final plan is significantly more than originally scoped. SEH respectively asks for a contract amendment not to exceed $250,000 to cover the above mentioned scope changes. Compensation would be based on the hourly cost of personnel plus reimbursable expenses within the terms of our original contract. If this request is satisfactory, please sign below and return one copy for our records. Please contact me if y0u ha�e t.ny quc^.5�,.^.;IS J► i �0 :.uv^iE: IiiiJT;A�::`•II. Sincerely, � u n M. Mason oject Manager �:�;�;a��w�.�t,.,�.�z,o3.� Accepted this day of City of Fridley By: Authorized Client Signature Short Elliott Hendrickson Inc. • Y�y�ysted Resource • Equal Opportunity Employer V 2003 � r GTY OF fRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2003 March 18, 2003 William Burns, City Manager �(t�� d� Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner Yard Waste Transfer Contract Background The City of Fridley has contracted with Morrell Enterprises for a number of years for yard waste transfer services. In 1999, staff solicited RFP's for this service. We concluded that Morrell Enterprises not only offered the lowest price for this service, but they were the only company that had the necessary equipment to meet our needs. Therefore, we have extended the 1999 contract we negotiated with Morrell by amendment each year since with minor cost adjustments. Because Morrell Enterprises changed the name of their company last year, staff felt it was best to create a new service agreement this year, incorporating the new name. The fee per load charged by Morrell Enterprises to transfer our yard waste to the Bunker Hills Compost Site in Coon Rapids is not changing in 2003 from last year's rate. Recommendation Staff recommends Council approval of the agreement for yard waste transfer services with Morrell Enterprises at the March 24 Council meeting, so that we may be prepared to open the yard waste site in late ApriL M-03-42 �! / � CfTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2002 William W. Burns Ci}�� ManaQer �� `7 b � Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk March 19, 2003 Setting Public Hearing Date for MN Sean Co, d/b/a Sean's Grill & Pub, 8298 University Ave NE, Fridley, MN 55432 The Fridley City Code states that: "App(ications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license and shall be made in such abbreviated form as the City Council may approve." As of the submission of this memo to the City Manager's Office, we have not received the following information required for renewal of the liquor license for the location as stated above and thus the renewal application is incomplete. We have not received any form of proof of ineeting the minimum requirement for food. Fridley City Code Section 603.10.29 states that at the time ofrenewal, "the applicant shall submit proof to the City that a minimum of 40% of the gross sales, derived from the sale of food and intoxicating liquors of the establishment, for which the `on-sale' license is to be used, is in the serving of food," as required by Section 603.10.18. • We have not received a certificate of insurance for liquor liability showing coverage for the new license period. Fridley City Code Section 603.16, requires that the person licensed to sell at retail intoxicating liquor demonstrate proof of financial responsibility with regard to liability by providing the appropriate insurance policy as provided by this section. • We also have not received a bond that runs to the City of Fridley as required by State statutes. Fridley City Code Section 603.15 requires that each application for liquor license shall be accompanied by a surety bond in the amount of $3,000. We have reason to believe that the applicant will be unable to provide the city with the missing elements to the renewal application. Along with the information that I have stated above I am aware that both the police and fire department have concerns over some public safety issues that have occurred at Sean's over the past license period. Based upon this information, staff recommends a motion scheduling a public hearing for April 14, 2003, at 7:30 p.m. for the for the purpose and consideration of the renewal of the Intoxicating Liquar License far MN Sean Co., d/b/a Sean's Grill and Pub for the properly located at 8298 University Avenue N.E. 32 � 2003 CITY OF FRIDLEY COMMISSION TERMS Term Present Members Ex ires Appointee PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term) GENERAL Diane Savage 4-1-06 CHAIR VICE-CHAIR CHAIR David Kondrick 4-1-06 PARKS & REC. CHAIR Barbara Johns 4-1-04 ENVIRON. QUALITY � CHAIR Larry Kuechle 4-1-05 APPEALS COMM. AT LARGE LeRoy Oquist 4-1-04 AT LARGE Dean Saba 4-1-04 AT LARGE Brad Dunham 4-1-05 APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) CHAIR Larry Kuechle 4-1-05 Gary Zinter 4-1-06 Blaine Jones 4-1-04 Kenneth Vos 4-1-05 Susan Jackson 4-1-06 ENVIRONMENTAL QUALITY (Chapter 6) (7 Members — 3 Yea� Term) AND ENERGY COMMISSION � CHAIR Barbara Johns 4-1-04 - VICE- Jack Velin 4-1-05 CHAIR Richard Svanda 4-1-06 Barbara Kovacic 4-1-06 Anne Andrews 4-1-05 Patrick Rowan 4-1-04 Michelle McCulioch Maher 4-1-04 33 CHAIR V10E- CHAIR CHAI VICE- CHAI Term Present Members Expires Appointee PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) David Kondrick 4-1-06 Richard Young 4-1-04 ' II 4 1 06 Marcy Sibe - - I : Tim Solberg 4-1-04 Vacant 4-1-05 CABLE TELEVISION COMMISSION (Sec. 405.28)(5 Members-3 Yr. Term) R Bu�t Weaver 4-1-05 Dianne McKusick 4-1-06 R Robert Scott 4-1-06 Brad Sielaff 4-1-05 Vacant 4-1-04 HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year Term) CHAIR Larry Commers 6-9-04 VICE- Virginia Schnabel 6-9-05 CHAIR Jay Bajwa 6-9-07 John E. Meyer 6-9-06 Pat Gabel 6-9-08 34 � / � GTY OF FRIDLEY Name John Berg AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2003 Position Fire Chief Exempt Appointment Starting Sala $72,633.60 per year 35 Starting Date Mar. 24, 2003 Replaces Charles McKusick � AGENDA ITEM � COUNCIL MEETING OF MARCH 24, 2003 CfTY OF FRIDLEY CLAIMS 110364 -110670 36 � � QfY OF FRIDLE7 AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2003 New License Applications � Type of License � RELIGIOUS AND CHARITABLE PEDDLER Blaine/Spring Lake Park Athletics Assoc. 1104 Paul Pkwy Peter Conery Blaine, NIN 55449 � Approved By: Public Safety TEMPORARY GAMBLING Woodcrest Elementary PTA Colleen Vranish Public Safety 880 Osborne Rd NE City Clerk Fridley, MN 55432 Little Voyageurs' Montessori School Public Safety 825 S l s` Ave NE Kazen Smith City Clerk Columbia Heights, MN 55421 (to be held at the Ground Round in Fridley) Renewal License Applications 3.2% MALT LIQUOR 4 Corners Gas & Convienience Steve Haw 1301 Mississippi St Fridley, MN 55432 Pizza Flame 317 Osborne Rd NE Fridley, MN 55432 Super Valu/Cub Foods 250 57th Ave NE Fridley, MN 55432 BILLIARDS Billiard Street Cafe 7178 University Ave NE Fridley, i�IN 55432 Dan Anderson James Stoffel Greg Asproth 37 Public Safety Fire Inspector City Clerk Public Safety Fire Inspector City Clerk Public Safety Fire Inspector City Clerk Public Safety Fire Inspector Community Development Fees: none waived waived $60 $325 $60 $390 Renewal License Applications (Continued) Tvpe of License FOOD 4 Corners Gas & Convienience 1301 Mississippi St Fridley, MN 55432 Ben Thanh Oriental Market 6566 University Ave NE Fridley, NN 5�432 Billiard Street Cafe 7178 University Ave NE Fridley, MN 55432 Bob Produce Ranch 7620 University Ave NE Fridley, MN 55432 Domino's Pizza 7510 University Ave NE Fridley, MN 55432 Fridley Amoco 7680 Hwy 65 NE Fridley, MN 55432 Old Country Buffet #2 6540 University Ave NE Fridley, MN 55432 Pizza Flame 317 Osborne Rd NE Fridley, MN 55432 Subway at Moore Lake 1091 E. Moare Lake Dr Fridley, MN 55432 Super Valu/Cub Foods 250 57th Ave NE Fridley, MN 55432 Wong's Gourmet 1254 E. Moore Lake Dr Fridley, MN 55432 � Steve Haw Jennifer Nguyen Greg Asproth Michael Schroer William Graves Susan Nelson Charles Sievert Dan Anderson Peggy Schmitz James Stoffel Park Wong � 38 Approved By: Public Safety Fire Inspectar Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspectar Community Development Fees: $45 $45 $4� $45 $45 $4� $45 $45 $45 $45 $45 Renewal License Applications (Continued) Type of License � Approved By: HOTEL/MOTEL Budget Host Inn Divesh Bkakta Public Safety 6881 Hwy 6� i�tE Fire Inspector Fridley, MN »432 Community Development JUNK YARD A-ABCO Fridley Auto Parts 7300 Old Central Ave NE Fridley, MN 55432 Derek Haluptzok Public Safety Fire Inspector Community Development Building Inspector Fees: $240 $350 MOTOR VEHICLE BODY REPAIR Sam's Auto World Samir Awaijane Public Safety $150 7570 Hwy 65 NE Fire Inspector Fridley, MN 55432 Community Development PAWN SHOP Pawn America Brad Ri�nan Public Safety $3000 789 53Td Ave NE Fridley, MN 55432 RECYCLING & SOLID WASTE Ace Solid Waste, Inc Dennis Fredrickson Public Safety $120 6601 McKinley St NW Community Development Ramsey, MN 55303 City Clerk BFI of the Twin Cities 8661 Rendova St Circle Pine, MN 55014 Boone Trucking, Inc 1516 Marshall St NE , Mpls, MN 55413 Christopher VanHofwegen Public Safety $390 Community Development City Clerk Joseph Boone Public Safety $60 Community Development City Clerk Keith Krupenny & Sons Disposal Service ' 1214 Hall Avenue Keith Keupenny W. St. Paul, MN 55118 Vasko Solid Waste 309 Como Ave St. Paul, MN 55103 Public Safety Community Development City Clerk Paul Leding Public Safety Community Development City Clerk 39 $60 $60 � Renewal License Applications (Continued) Type of License Bv RECYCLING & SOLID WASTE Walters Recycling & Refuse Eric Sederstrom 2830 101st Ave Blaine, MN 55449 Waste Management of MN Ervin Hofstedt 100�0 Naples St NE Blaine, YN �5449 RETAIL GASOLINE 4 Corners Gas & Convienience Steve Haw 1301 Mississippi St Fridley, MN 55432 Fridley Amoco Susan Nelson 7680 Hwy 65 NE Fridley, MN 55432 TOBACCO 4 Corners Gas & Convienience Steve Haw 1301 Mississippi St Fridley, MN 55432 Billiard Street Cafe Greg Asproth 7178 University Ave NE Fridley, MN 55432 Fridley Amoco Susan Nelson 7680 Hwy 65 NE Fridley, MN 55432 Super Valu/Cub Foods James Stoffel 250 57th Ave NE Fridley, MN 55432 TREE REMOVAL & TREATMENT Allstate Tree Service Donal Ley 7510 Jackson St NE Fridley, MN 55432 Arbor Design Tree Service Don Lawrence P.O. Box 290298 Brooklyn Center, MN 55443 Central MN Tree Service James Savre 144 Satellite Lane Fridley, MN 55432 � 1 Approved By: Public Safety Community Development City Clerk Public Safety Community Development City Clerk Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Fees: $75 $210 $60 $60 $125 $125 $125 Public Safety $125 Fire Inspector _ Community Development Public Works Public Works Public Works $40 $40 $40 Renewal License Applications (Continued) Type of License � Approved By: Fees: TREE REMOVAL & TREATP�IENT Precision Landscape & Tree Lawrence Groholski Public Works $�0 942 East County Rd D Little Canada, MN 55109 Rainbow Tree Company Gregory Krogstad Public Works $40 2239 Edgewood Ave So St. Louis Park, MN 55362 S& S Tree & Horticultural Specialists Public Works $40 405 Hardman Ave Steve Sylvester South St. Paul, MN 55075 Viking Land Tree Care, Inc Dale Schwerin Public Works $40 6501 Maple Dr Rockford, MN 55373 USED MOTOR VEHICLE A-E Auto Sales Samir Awaijane Public Safety $150 5096 Hughes Ave NE Community Development Fridley, MN 55421 [�I � � � j City of Fridley AGENDAITEM City Councii Meeting Of Monday, March 24, 2003 Gas Services Flare Heating 8 Air Conditioning 9303 Plymouth Ave N Golden Valley MN 55427- � Pat Surprison General Contractor-Commercial Koltes Jerome Construction 14022 Raven St NW Jerome Koltes Andover MN 55304- General Contractor-Residential Loon State Construction Co (20282972) 1600 Co Hwy 10 STE B Tim Zumwalt Spring Lake Park MN 55432- Heatinq Flare Heating 8 Air Conditioning 9303 Plymouth Ave N Golden Valley MN 55427- Pat Surprison Siqn Erector Sign Maintenance Lighting 8� Electric 12300 63 Ave N Steve Laurance Maple Grove MN 55369- 42 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official State of MN Ron Julkowski Building Official Ron Julkowski Building C)fficial 0 � � � � ClTY OF FRIDLEY � TO: ` FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2003 �1%illiam W. Burns, City Nlanager �'" � Jon H.�as, Public Works Director March 21, 2003 Public Hearing on 62"d Way Extension Project PW03-039 A public hearing for the 62°d Way Extension Project No. ST. 2003-2 was set for Monday, March 24, 2003, to receive comment on this proposed improvement. Although this improvement was requested by one of the benefitting properties, Mr. Greg Potasek, a lawsuit against the City has since been filed by Mr. Potasek and his neighbor Mrs. Gibson regarding the disposition of the right-of-way extension. Both the City Attorney, Fritz Knaak, and our attorney from the League of MN Cities, Jack Hennen, have stated that the City can proceed with the public hearing and project despite the lawsuit. However, they advise that the statements at this public hearing by both residents and the council can be used in the lawsuit. Therefore, it may be better to see the results of the lawsuit prior to moving the project forward. Recommend the City Gouncil table the public hearing for the 62°d Way Extension Project No. ST. 2003-2 until after resolution of this pending litigation. JHH:cz 43 / � UTY OF FRIDLEIf l��7 FROM: DATE SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2003 tiVilliam �V. Burns, City Manager �l� Jon H. aukaas, Public �Vorks Director Layne Otteson, Assistant Public Works Director March 19, 2003 Resolution Ordering Final Pl.ans: Project No. ST. 2003-1 PW03-038 The attached resolution orders the final plans, specifications and cost estimates for the Marian Hills Neighborhood Street Improvement Project No. ST. 2003 - 1. Recommend the City Council adopt the resolutiori to proceed into final design of the project. LO/JHH:cz Attachment .. � . 0 RESOLUTION N0. - 2003 A RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: MARIAN HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2003 - 1 WHEREAS, Resolution No. 41 - 2002 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in _ this project, and WHEREAS, Resolution No. 11 - 2003 receiving the preliminary report and _ called for a public hearing on the matter of the construction of certain improvements for this project, and WHEREAS, a public hearing was held on March 3, 2003 regarding this project, and WHEREAS, the City Council has determined a need to reconstruct the streets to maintain them in a safe condition and at a reasonable cost. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution 41 -2002 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer systems, landscaping and other facilities located as follows: 2. That the following work be incorporated in the 2003 street improvement project as ST. 2003 - 1. 3. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 4. That the Director of Public Works, Jon H. Haukaas, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications and estimates of costs thereof for the making of such improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF MARCH, 2003. Attested: DEBRA A. SKOGEN - CITY CLERK 45 SCOTT J. LUND - MAYOR / AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 24, 2003 CfiY OF FRIDLEY Date: March 13, 2003 �� To: William Burns, City Manager �'f q^J From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #03-02, Ted Theilmann M-03-44 INTRODUCTION Ted Theilmann, petitioner, is requesting to replat the property located at 1540 Rice Creek Road, to create 8 single family lots from part of Lot 9, Auditor's Subdivision #22. PLANNING COMMISSION RECOMMENDATION At the March 5, 2003, Planning Commission meeting, a public hearing was held for PS #03-02. After receiving public comment and a brief discussion by the Planning Commission, the Planning Commission recommended approval of plat request, PS #03- 02, with the stipulations #1�#12 below. In addition, the Planning Commission recommended that we add a stipulation requiring the petitioner to hold a public meeting with the neighborhood once the grading and drainage plans have be approved by the City's engineering department. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any outdoor storage on site shall be removed prior to granting of final plat. 3. Regular maintenance of the site to be done by the Developer until the homes are built. 4. 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. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. . � 6. During construction, siit fencing shall be used where applicable. 7. The petitioner shall provide easements as required by Section 211.07.21 of the City Code. 8. The petitioner to pay $1, 500 per lot park fees prior to issuance of building permits. 9. The petitioner shall be responsible for the installation of sewer and water service connections from p�operty line to existing City utilities. Plan to be approved by City's engineering department. 10.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. 11.The petitioner shall work with existing contours of the land and preserve existing slopes to the extent possible. 12.A Development Agreement outlining the Developers obligation to install utilities, etc. will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 13.The petitioner shall hold a meeting with the neighborhood to go over the grading and drainage plans prior to issuance of building permit. �� City of Fridley Land Use Application PS 03-02 March 5, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Ted Theilmann 3198 Via Real Carpinteria CA 93013 Requested Action: Replat of property to create 8 lots for single-family home development. Existing Zoning: R-1 Single Family Residential Location: 1540 Rice Creek Road Size: 93,362 sq. ft. 2.14 acres Existing Land Use: Older single family home and garage (to be razed). Surrounding Land Use & Zoning: N: Single family home & R-1 E: Single family home & R-1 S: Single family home & R-1 W: Single family home & R-1 Comprehensive Plan Conformance: Use of property is consistent with Plan. Zoning Ordinance Conformance: The proposed eight lots exceed the City's minimum lot area standard, however all eight lots don't meet the City's minimum lot width standard. Zoning History: • 1939 - Lot is platted. • Pre-1949 - Home is built. • 1959 — Home addition. • 1962 — Detached garage is built. • 1967 — Water and Sewer connected. Legal Description of Property: Part of Lot 9, Auditor's Subdivision #22 Council Action: March 24, 2003 Public Utilities: Located at and near property. �� Transportation: Homes will be accessed from Rice Creek Road, Briardale Road, and the connection of Woodside Court. Physical Characteristics: Tree covered, relatively level on the northern portion. Slopes, some severe on the southem portion of property. SUMMARY OF REQUEST Petitioner, Ted Theilmann is seeking to create 8 separate lots from part of Lot 9, Auditor's Subdivision #22, in order to construct 8 single-family homes. SUMMARY OF ANALYSIS City Staff recommends approval of this plat request. • Provides additional homeownership opportunities. • Woodside Court connection provides benefits to the City. Existing Home Staff Report Prepared by: Stacy Stromberg PS #03-02 REQUEST Ted Theilmann, petitioner, is seeking to replat the property located at 1540 Rice Creek Road into 8 single-family lots. The existing home was built prior to 1949 and the existing garage was constructed in 1962, both of these structures will be removed to accommodate the creation of the 8 single-family lots. Photos: Left, View of the front of the home, taken from htice C;reeK rcoaa. Right, View of the back of the home/garage, taken from the east side of Woodside Court. ANALYSIS Fridley City Code requires that lots in the R-1, Single Family zoning district have a minimum lot area of 9,000 square feet. In Block #1, proposed lot #1 will be 11,008 square feet, proposed lot #2 will be 13,131 square feet, proposed lot #3 will be 10,753 square feet and proposed lot #4 will be 11,214 square feet. In Block #2, proposed lot #1 will be 9,065 square feet, proposed lot #2 will be 9,008 square feet, proposed lot #3 will be 9,010 square feet and proposed lot #4 witl be 9,010 square feet. Therefore, all eight lots will exceed the minimum lot area requirements. Fridley City Code also requires that lots in the R-1 district be a minimum of 75 feet in width at the required front yard setback. Seven of the proposed eight lots in both block #1 and #2 are sub-standard by a maximum of 2 feet. Lot #2, in Block 2, is 75 feet in width and meets the code requirements. However, Lots #1 and #3 in Block 1 are 73 feet in width and Lots #2 and #4 are 74 feet in width. Lots #1 and #3 in Block 2 are 73 feet in width and Lot #4 in 74 feet in width, Allowing this development would provide additional home ownership opportunities for Fridley residents or people wanting to move to this area. The future residential land use section of the Comprehensive Plan states that future redevelopments should plan for densities that match surrounding development patterns. Redeveloping this property into 8 .• single-family lots, would meet this Comprehensive Plan criteria, as all of the surrounding lots are in-between 9,000 and 10,000 square feet. The only exception is the property located at 1530 Rice Creek Road, which is directly west of the subject property and is 21,908 square feet. The proposed development will allow the connection of Woodside Court as a through street, which will in turn be more efficient for the Public Works staff. The connection of Woodside Court will allow for more e�cient snowplowing by reducing the amount of time that is required to clear the street of snow. Connection the street will complete the transportation system in the neighborhood, complete the water system in the neighborhood and will be a safety and fire protection benefit. Please see the attached memo from Layne Otteson, Assistant Public Works Director, which outlines the benefits of the road connection in detaiL Photos: Show where the Woodside Court extension would be located. Left, View of property taken from the east side of Woodside Court. Right, View of property taken from the west side of Woodside Court. The petitioner has indicated that years ago, Outlots A and B(see preliminary plat, shown on the east side of the property) were given to his parents in exchange for right-of-way along Briardale Road. The intent of the exchange was that by providing outlots A and B to the petitioners parents, the property could one day be spilt. However, the 15.53 foot outlots that were exchanged are 3 feet short of being subdividable to current code standards. Section 211 of the Subdivision ordinance states that if the Planning Commission or City Council upon finding any regulations or requirements of the Code that cannot be met by a particular subdivision, may grant approval of a plat request with minor variances. Recognizing minor code deficiencies through the platting process is not intended to set precedence for future variance requests. Staff Recommendation City Staff recommends approva! of this plat request, with stipulations. � Provide additional homeownership opportunities. 50 • Woodside Court connection provides benefits to the City. Stipulations City Staff recommend that the following stipulations be placed upon approval of this request. 1. The petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any outdoor storage on site shall be removed prior to granting of final plat. 3. Regular maintenance of the site to be done by the Developer until the homes are built. 4. 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 suROUnding properties. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. During construction, silt fencing shall be used where applicable. 7. The petitioner shall provide easements as required by Section 211.07.21 of the City Code. 8. The petitioner to pay $1, 500 per lot park fees prior to issuance of building permits. 9. The petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's engineering department. 10.The petitioner shall agree to preserve mature trees to the extent possible. Atl trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 11.The petitioner shall work with existing contours of the land and preserve existing slopes to the extent possible. 12. A Development Agreement outlining the Developers obligation to install utilities, etc. will be prepared by the City and shall be signed by the Petitioner, prior to final plat approvaL 51 r � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2003 Date: March 20, 2003 To: William Burns, Cit Mana er � Y 9 yl, � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #03-05, Brian Bona, 5311 University Avenue M-03-45 INTRODUCTION The petitioner, Brian Bona, is seeking a variance to reduce the setback from an adjacent residential district from 50 feet to 10 feet to allow for the construction of a new 60 foot by 16 foot car wash at his business located at 5311 University Avenue. City Staff received a follow-up letter on March 19, 2003, from a neighbor who had issued a letter before the Appeals Commission meeting addressing concerns about the location of the proposed car wash, drainage issues, etc. Attached to the follow-up letter is a petition with 19 signatures from neighboring property owners who are against this variance request. Please see attached letters and petition in your reading packet. APPEALS COMMISSION RECOMMENDATION At the March 12, 2003, Appeals Commission meeting, a public hearing was held for VAR #03-05. After a brief discussion, the Appeals Commission recommended approval of the variance request, VAR #03-05, with stipulations. THE MOTION CARRIED BY A 3 TO 1 VOTE. PLANNING STAFF RECOMMNEDATION City Staff has no recommendation at this variance is within previously granted dimensions. STIPULATIONS If the variance is granted, Staff recommends that the following stipulations should be attached. 1. The petitioner shall obtain all necessary permits prior to construction. 52 � Ca> � This petition is presented to the Fridley City Council. It recognizes all residents who live within 350 feet of the proposed variance 03-OS and are opposed to the reduction of setback from 50 feet to 10 feet to construct a new carwash on the East side of the building. (5311 University Ave.) Nami Nami Nam� � 33 � ��' .ScS �'C� '� 3��{ �{ +� $f- Iv er --�3�0—�`�/✓, � � — � Name: Address: �� L � �� f V C� �.,.`m�` �� % �/.�1-7G��riC.-Address: �� i ''/'�. ,J� � �. Name: Name: Name: Name: Name: . Name: Name� Name: Address: ,�J � � y S /� i��L�� Addre�s' -��CJ� / �� G!v �' ,S�S� �. 5i�- ��. . Address. Address: 5�5CO ' ��h /" � Address: ��j " � � J ! N � Address: °`� �� i�y�/'. %C% .� � � Address: �'� � � � `� 1 �• � . � ,� Address: S .3 �� %1 . 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N,as aM.:wvno«rmas � c-� - G«b.a snow�ro - No Mea"v �OU51r�a q.2. Two Fartxy Unns S2 � ReaeveloDme�l Qstr�ct - C-Rt - C ai ON a �' P Guoxc Faril t�es R-J - Genar2l MW��ple Units • SJ � Re0a+e1W��1 PSlnci ;��yy {��'. M-1 - Lg�l IMU3tra1 T'y�a" W dlx � R<. Modla Fbme ianis _. C-t . Local 8uvros+ �9!$�' �2' `baW Intlusirui _ RR - Ra�IroaOs • PVD - FanreC Un�l DaVelopmenl � �-2 � Genera� Busnass - M'3 - �'�Gm �nlerisn� __ ROW � Page 34 �� _-'_ — � �~ -��- > -; -�_� __ _ -�t-� O � L � r = � � �-�- U - --. � ��Quartcr Section Page Highliehtc i � i � � L R _ -,,..� Re: traffic patterns .� -�. <. Mon, Mar 24, 2003 12:11 PM frs�m. ".7erry �aldwin" �jerry,b�ldwin�dc�t,stote.mn.us� To: <lucy@visi.com> Date: Mon, Mar 24, 2003, 10:59 AM Subje ct: Re: traffic patterns --------------------------------------------------------------------------- Thank you fpr using our Ask A Librarian service. Mn/DOT does not collect �e�ailed infarma�ion an every intersec�ion. our Office af Transportation Data a�d Ana].yais l�as posteel traffie ve�lume map� to the Internet at http:l/www.dot.�t�te.mn.us/tdalprd�iuctslmaps/trafficmap�.html. The data on these ma�s show that in 2000, the average annual daily traffic at �3rd and Univ�rsity is: On Universit�, South of 53rd, 21,500 On University, North of 53rd, 28,000 pn 53�d, West of University, 4,250 On 53�c�, E��t of U�i�ie��ity, 5,100 The next nearest intersection to the North (not counting I-694) for which data is �hown on the map is 57�h. The corresponding data is: On University, South of 57th, 35,000 C3n University, North af 57th, 36,000 O!i S%'t�`l� We9t 8� UiYi�i@�`$it�� li � i�� On 57th, E��t z�f Un��re�sity, 4, 200 And, the next intersection to the south: On Usi�e�s�.t�, Sa�th a€ 49th, i9,000 O� Ur�it��ity, Nbrth z�f 4�t1�, 21, 500 ��1 ��i in7�$'t t�� U��V��$�tyt �r90� p� 57th, Ea�� Q� Ur��.v��si��y, �,7p4 For further information I suggest you contact the City of Fridley Public WorkslEngineering Department, 763-572-3552. Please let me know if I can be of further help. "I think the health o£ our civilization, the de�►th of our awareness about th� underpinnings of our culture and our concern for the ��t�� Bil b� t��t�� i� �t� ��ii w� ��t �� iib�a�ie�." Carl 3ag�n, iri "Co�mo�," 1980. Jerry Baldwin, Library Director -i�n7�� ,ibrary, �.�. 13� Minnesota Department of Transportation 395 Jo#�n Zreiand Bou�e�a�d 5aint Paul, MN 55155 b51-297-�532, Fax: 651-297-235� jerry.baldwin@dot.state.mn.us http:/Jwww.dot.state.mn.us/iibrary/ Page 1 of 2 2. The proposed car wash shall be architecturaliy compatibie with the existing building and finished with complementary building materials, staff to review and approve final elevations. 3. No outdoor storage shall be permitted on site, all existing outdoor storage, inctuding the storage pod shall be removed upon completion of the proposed car wash. 4. Site shall not be used to display cars for sale or storage of trucks for rent. 5. Proposed car wash shall comply with the City noise ordinance requirements. 6. A speed bump or something similar to be installed on the heated exit pad of car wash to aid in removing water from vehicle frames, etc. prior to vehicles entering 53`d Avenue. Final design and location to be reviewed and approved by City staff. 7. All lighting shall be shielded, downcast and may not exceed 3-foot candles of light intensity at the property line. 8. Car wash hours of operation to be restricted to 7:00 a.m. to 9:00 p.m. 9. Existing gap in fence to be filled in, in order to reduce the shine of headlights on neighboring residential properties. 53 City of Fridley Land Use Application VAR #03-05 March 12, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Brian J. Bona 1649 Summit Avenue St. Paul MN 55105 Requested Action: Variance reducing the setback from a residential district Existing Zoning: C-2 (General Business) Location: 5311 University Avenue Size: 20,829 sq. ft. .48 acres Existing Land Use: Automobile Service Station Surrounding Land Use & Zoning: N: Service Station & C-2 E: Single Family & R-1 S: Columbia Heights W: University Avenue & ROW Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.14.03.C.(4) requires that permitted building be setback fifty (50) feet from an adjacent residential district. Zoning History: 1886 — Lot is platted. 1959 — Special use permit granted to allow a service station. 1959 — Service Station buitt. 1978 — Special use permit granted to allow the car wash. 1978 — Car wash is built. 1994 — Addition built. Legal Description of Property: Lot 16-19, Block 3, Hamilton's Addition to Mechanicsville Public Utilities: Buildinq is connected. Transportation: 53�d Avenue and the University Service Drive provide access to the property. Physical Characteristics: Asphalt and typical suburban landscaping. SUMMARY OF PROJECT The petitioner, Mr. Bona, is seeking to reduce the setback from a residential district from 50 feet to 10 feet to allow for the construction of a new car wash. SUMMARY OF HARDSHIP "Hardship statement: 9. The existing car wash requires use of alley to negotiate entrance. The proposed car wash will eliminate this need. 2. Existing car wash door faces residential neighborhood, directing noise from blower (drier) directly at residents. Proposed car wash will have drier mounted at exit, directing noise towards 53'� Avenue and adjacent commercial property. 3. There is no other suitable location on this property. It will not �t anywhere e/se, without disruption traffic flow." - Brian Bona SUMMARY OF ANALYSIS City Staff has no recommendation as this variance is within previously granted dimensrons. Similar variance granted: • VAR #88-15 5351 Central Avenue Set back from a residential district reduced from 50 feet to 10 feet to allow for the construction of a storaqe shed. CITY COUNCIL ACTION/ 60 DAY DATE City Council — March 24, 2003 Existinq Buildin Staff Report Prepared by: Stacy Stromberg VAR #03-05 REQUEST The petitioner, Brian Bona, is seeking a variance to reduce the setback from an adjacent residential district from 50 feet to 10 feet to allow for the construction of a new 60 ft. by 16 ft. car wash at 5311 University Avenue. SUMMARY OF HARDSHIP "Hardship statement: 1. The existing car wash requires use of alley to negotiate entrance. The proposed car wash will eliminate this need. 2. Existing car wash door faces residential neighborhood, directing noise from blower (drier) directly at residents. Proposed car wash will have drier mounted at exit, directing noise towards 53rd Avenue and adjacent commercia/ property. 3. There is no other suifable location on this property. It will not frt anywhere else, without disrupting tra�c flow." - Brian Bona ANALYSIS AND CODE REQUIREMENTS The subject property is zoned C-2, General Business and is located on the corner of 53�d Avenue and University Service Road. In 1959, a special use permit was granted to allow the construction of a service station and as a result the service station was built. !n 1978 another special use permit was granted to allow the construction of a car wash, therefore, the existing car wash was added. In 1994 a variance was granted to allow the reduction of the setback from an adjacent residential district from 50 feet to 19 feet to allow the construction of a 12 ft. by 15 ft. storage addition. Existing 5ervice 5tation 55 City Code requires that any commercial buildings in the C-2 zoning district be setback fifty (50) feet from an adjacent residential district. The petitioner is proposing to convert the existing car wash into storage and to construct a new car wash on the east side of the existing building. In order to do that, Mr. Bona is requesting a variance to reduce the setback from an adjacent residential district from 50 feet to 10 feet. The existing car wash uses the old type brush system, while the proposed car wash, is the modern up-to-date touchless style. The proposed car wash will be located on the east side of the building. Customers will enter on the north side of the building and exit on the south side of the building. Therefore, the car wash doors will be facing away from the residential district. The dryer will also be located on the south side of the building facing 53`d Avenue. Location of Proposed Car Wash City staff has heard from one neighboring property owner, who addressed concerns about the location of the proposed car wash, drainage issues, etc.; please see the attached letter in your packet. RECOMMENDATIONS City Staff has no recommendation as this variance is within previously granted dimensions. Similar variance granted: • VAR #88-15 5351 Central Avenue Set back from a residential district reduced from 50 feet to 10 feet to allow for the construction of a storage shed. 56 STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. The petitioner shall obtain all necessary permits prior to construction. 2. The proposed car wash shall be architecturally compatible with the existing building and finished with complementary building materials, staff to review and approve final elevations. 3. No outdoor storage shall be permitted on site, all existing outdoor storage, including the storage pod shall be removed upon completion of the proposed car wash. 4. Site shall not be used to display cars for sale or storage of trucks for rent. 5. Proposed car wash shall comply with the City noise ordinance requirements. 6. A speed bump or something similar to be installed on the heated exit pad of car wash to aid in removing water from vehicle frames, etc. prior to vehicles entering 53�d Avenue. Final design and location to be reviewed and approved by City staff. 7. All lighting shall be shielded, downcast and may not exceed 3-foot candles of light intensity at the property line. 8. Car wash hours of operation to be restricted to 7:00 a.m. to 9:00 p.m. 9. Existing gap in fence to be filled in, in order to reduce the shine of headlights on neighboring residential properties. 57 CITY OF FRIDLEY APPEALS COMMISSION MEETING MARCH 12, 2003 CALL TO ORDER: Chairperson Kuechie called the March 12, 2003, Appeals Commission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Larry Ku�chle, Sue Jackson, Gary Zinter, Ken Vos Members Absent: Blaine Jones Others Present: Stacy Stromberg, Planner Brian J. Bona, 5311 University Ave NE Thomas Zandlo, 5334 4`� Street NE Lucy Zandlo Meyer, 5334 4`h Street NE PUBLIC HEARING: VARIANCE REQUEST VAR #03-05 BY BRIAN J BONA: Per Section 205.14.03.C.(4) of the Fridley Zoning Code, to reduce the setback from an adjacent residential district from 50 feet to 10 feet to construct a new car wash on the east side of the building on Lots 16-19, Block 13, Hamilton's Addition to Mechanicsville, generally located at 5311 University Avenue NE MOTION by Ms. Jackson, seconded by Dr. Vos, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Ms. Stromberg stated the petitioner is requesting a variance to reduce the setback from an adjacent residential district from 50 feet to 10 feet to allow for the construction of a new 60 ft. by 16 ft. car wash at 5311 University Avenue. The City Code requires that commercial buildings in the C-2 zoning district must be set back 50 feet from an adjacent residential district. The petitioner is proposing to convert the existing car wash into storage and to construct a new car wash on the east side of the existing building Ms. Stromberg stated the petitioner's hardship statement is: "(1) The existing car wash requires use of the alley to negotiate entrance. The proposed car wash will eliminate this need. (2) The existing car wash door faces residential neighborhood, directing noise from blower (dryer) directly at residents. Proposed car wash will have dryer mounted at exit, directing noise towards 53�d Avenue and adjacent commercial property. (3) There is no other suitable location on this property. It will not fit anywhere else, without disrupting traffic flow." Ms. Stromberg stated the property is zoned C-2 (General Business) and is located on the corner of 53`d Avenue and University Avenue. In 1959, the service station was constructed and, in 1978, the existing car wash was added. In 1994, a variance was granted to allow the reduction of a setback from an adjacent residential district from 50 feet to 19 feet to allow construction of a 12 ft. by 15 ft. storage addition. : APPEALS COMMISSION MEETING, MARCH 12, 2003 PAGE 2 Ms. Stromberg stated the proposed car wash will be located on the east side of the building. Customers will enter on the north side of the building and exit on the south side. Therefore, the car wash doors will be facing away from the residential district. The dryer also will be located on the south side of the building facing 53�d Avenue. Ms. Stromberg stated one neighboring property owner has expressed concerns about the location of the proposed car wash, drainage issues, etc., and the letter was included in the Commission members' packets. Ms. Stromberg stated City staff has no recommendation as this variance is within previously granted dimensions. A similar variance was granted in 1988 at 5351 Central Avenue (Menards). The setback from the residential district was reduced from 50 feet to 10 feet to allow for the construction of a storage shed. Staff recommends that if the variance is granted, the following stipulations be attached: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The proposed car wash shall be architecturally compatible with the existing building and finished with complementary building materials; staff to review and approve final elevations. 3. No outdoor storage shall be permitted on site. All existing outdoor storage, including the storage pod, shall be removed upon completion of the proposed car wash. 4. The site shall not be �sed to display cars for sale or storage of trucks for rent. 5. The proposed car wash shall comply with the City noise ordinance requirements. 6. A speed bump or something similar shall be installed on the heated exit pad of the car wash to aid in removing water from vehicle frames, etc., prior to vehicles entering 53�d Avenue. Final design and location shall be reviewed and approved by City staff. 7. All lighting shall be shielded, downcast, and may not exceed 3-foot candles of light intensiry at the property line. 8. Car wash hours of operation shall be restricted to 7 a.m. to 9:00 p.m. 9. The existing gap in the fence shall be filled in, in order to reduce the shine of headlights on neighboring residential properties. Mr. Zinter asked if there were any issues regarding lot coverage. Ms. Stromberg replied, no. Mr. Kuechle asked City's staff feeling about the level of noise with the car wash in its existing position versus the car wash in its proposed position? Ms. Stromberg stated City staff would prefer the proposed location because it doesn't face the residential district. IYs a newer version of a car wash, so the noise is decreased quite a lot. Mr. Bona provided staff with the noise standards. The hours of operation are a little bit more restrictive because after 9 p.m. the noise decibels can only go to 50 decibels, and the car wash does do 65 decibels. City staff does prefer the proposed location for the car wash versus the existing one. Mr. Kuechle asked, at least on the noise basis? Ms. Stromberg replied that was correct. 59 PLANNING COMMISSION MEETING, MARCH 5, 2003 PAGE 3 12. A Development Agreement outlining the deve�oper's obligation to install utilities, etc., shall be prepared by the City and shall be signed by the petitioner prior to final plat approvaL Mr. John Johnson, Director of Engineering for Metro Land Surveying, stated that he is there to help answer questions the Commission or the residents may have so they have a better understanding of what they are proposing. He was hoping to get some clarification on three items in the stipulations. Mr. Johnson stated the first question was in stipulation #2, removing the existing home prior to final plat approval. That was something that hadn't been discussed prior to seeing the staff report, and they are wondering why that was a requirement. Mr. Johnson stated that stipulations #10 and #11 kind of worked together, the preserving of the trees on site and the g�ading of the site. Because of the nature of the site and the topography of the site, it is going to take some very unique handling of the area where the trees are the heaviest and the hills are the steepest to make sites for homes. The timing for getting those lots implemented may have a little longer time frame than the two lots that face Briardale Road and the two that face Rice Creek Road. Those can happen fairly easily because the streets are in place and they just need to put in sewer services. Sewer services are on one side but not on the other. Getting the street built and saving the trees is going to take more time. They don't have a problem with the stipulations, just identifying the best ways to go about developing each site. Mr. Kuechle asked Ms. Stromberg if she can just give them a little enlightenment on the platting process. This is a preliminary plat, and what is the process to reach the final plat? Ms. Stromberg replied the preliminary plat goes to the Planning Commission. The Planning Commission's recommendation goes to the City Council for approval or denial. If the preliminary plat is approved by the City Council, then the petitioner must file the plat with the County. Once the petitioner has gotten the okay from the County, the petitioner comes back to the City for final plat approval. At that time, the final pfat goes to the City Council only; it does not have to go back to the Planning Commission. Mr. Kuechle asked about the time frame. Ms. Stromberg replied it can be anywhere from 2-6 months. It kind of depends upon the County and how quickly the petitioner can get the final plat back to the City. Mr. Johnson stated he wanted to talk about the 15.5 foot strip--one of those pieces of history where hindsight is 20/20. The original handwritten agreement between Mr. Theilmann's father and the developer at that time said that the strip would be approximately 20 feet by whatever length it was. How it turned out to be 15.5 feet is one of the reasons why they need to discuss these issues. It isn't that there was any decision on the part of Mr. Theilmann or his father to create it, it was what was left when the developer got done with the 4 lots to the north or 8 lots to the north of this project. It was one of those unfortunate things that just happened, but he believed they have come up with a very good subdivision of the property; and if they can save some of those beautiful trees and create a nice neighborhood, that would be desirable by all. Mr. Joe Hoesley, 1581 Woodside Court, approached and stated his home would be east of Lot 3. He asked how Mr. Theilmann was going to develop the lots. .1 APPEALS COMMISSION MEETING, MARCH 12, 2003 PAGE 4 live. Further, when you look down to the end of the single family homeowners, there is a privacy fence, and Menards has large chain link fences and tarps to cover the storage area. Once again they are talking about a storage area, not a car wash. Mr. Zandlo stated the apartment buildings which were most certainly affected by the setback had at least a 15-foot solid wood privacy and sound barrier to separate them from the storage area. So, if the 10-foot setback is approved for Mr. Bona, he would ask that the Commission at least look at requiring Mr. Bona to construct a larger or at least a higher fence. Mr. Bona has a 6-foot fence right now with decorative wrought iron on top for the extra two feet, and it's a staggered fence. Mr. Zandlo stated he would like to see at least an 8-foot solid fence. Headlights shine through the staggered fence. Mr. Kuechle asked Mr. Zandlo if he would like his letter entered into the record. Mr. Zandlo replied, yes, in addition to the points he stated. Ms. Jackson asked Mr. Zandlo how he felt he was affected by the current car wash? Mr. Zandlo replied it is actually not that bad. Mr. Bona talked about how the new car wash is going to run north/south as opposed to east/west. Where he lives, it might affect him a little bit, but the blower is going to actually be further away from his house and it would help the neighbors. He was more concerned about the car lights and the activity in general, especially in the winter, when car washes are busiest. Again, Mr. Bona has been terrific to work with and very informative about what is going on. Dr. Vos asked if there was anything in the Code that addressed the height of fences and solid versus slotted. Ms. Stromberg replied the Code states that a commercial building needs to be screened from a residential district; and Mr. Bona is allowed an 8-foot fence if he chooses to do that. As far as solid versus slatted, the Code only states the building needs to be screened. Dr. Vos asked if screening could include landscaping. Ms. Stromberg stated that is correct. Mr. Kuechle asked Mr. Bona what his plans are for the fence. Mr. Bona stated he plans to finish off the opening in the fence that exists right now and to leave it as is. He can understand Mr. Zandlo's concern about the headlights. No one likes headlights shining into a living room. But, he guessed a 6-foot fence will screen those headlights and the fact that the headlights are all shining to the south as they enter the car wash. Dr. Vos stated he believed Mr. Zandlo was talking about how the cars actually come from the west and drive east right to that opening, and then they turn south to come to the car wash. Since Mr. Bona has to do something about that opening, maybe he could look at the possibility of making that section into a solid fence, a little bit different, and still use the same kind of decor. That would really screen the headlights from shining onto the neighboring property. Mr. Bona stated he guessed there is a balance here between architecture and practicality, and he believed he has met that balance. Personally he believed that a 6-foot fence does a pretty fine job of screening the headlights from the residents. �� APPEALS COMMISSION MEETING, MARCH 12, 2003 PAGE 5 Dr. Vos stated he was trying to think of a creative way of doing that little stretch of fence so it would still have the same look but maybe doesn't have a slat in it and still keep it at 6 feet. Mr. Kuechle asked whether there is light going through the fence now? There shouldn't be. He asked the neighbors if they can see much light coming through? Mr. Zandlo stated that from University Avenue, the fence Iooks wonderful; but once you get up close to it and you are walking and doing things, you can see through to the property. Mr. Kuechle stated he believed they could easily ask the petitioner to modify the fence since he already has to do something to the opening where there is no fence now. Mr. Bona stated he hates to break up the continuity of the 600+ feet of fence, but he can do that. Mr. Kuechle stated he believed it wouldn't do that. By adding three more boards, the fence facing University Avenue would basically still look the same. Mr. Bona stated Mr. Kuechle was probably right. Mr. Zinter stated he wondered if there was something else Mr. Bona could put on the neighbors' side of the fence to block that as well. Mr. Bona stated that in the summertime, ivy is crawling on the fence. In a couple of years, that ivy should be pretty thick and provide more screening. Mr. Zandlo stated that Mr. Bona had stated that he was almost finished with the development of his property except for the car wash and some landscaping. However, once Mr. Bona gets this 10-foot setback, what is to stop Mr. Bona from deciding to do something else later? He is concerned about that, too. Mr. Kuechle asked Ms. Stromberg what would happen if the building was destroyed. Does the 10-foot setback continue to exist? Ms. Strornberg stated that if the existing building at 5311 University Avenue was destroyed, Mr. Bona could rebuild to the 10-foot setback. A variance ensures that if something happens to the property, the owner can rebuild to the 10-foot setback. Mr. Kuechle asked if the 10-foot setback applies only to this property. Ms. Stromberg stated that is correct. The variance stays with the property. MOTION by Mr. Zinter, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:05 P.M. Dr. Vos stated he has looked at the property. The only real issue is that something has to be done with the gap and that it has to be more solid than the rest of the fence. The building is already non-conforming to 50 feet. The whole service station would have to be on University Avenue to make code. So they need to make it as amenable as possible to the neighbors who live behind it. He believed the service station is a positive use for that property and the noise will be cut down so he would recommend approval of the variance request. 62 APPEALS COMMISSION MEETING, MARCH 12, 2003 PAGE 6 Ms. Jackson stated she believed Mr. Bona's development is the most beautiful gas/service station she has ever seen. She agreed it is quite different to talk about the 50 foot to 10 feet setback for storage (Menards) as there is not a lot of traffic. And Mr. Zandlo pointed out the difference in the Menard's situation with that hill. She also thinks when people move into a neighborhood and there are businesses around them, they move in under certain regulations. It's not really fair to the residents to change those regulations unless they approve. If she lived there, she would approve because she thinks that it is a better plan. However, she doesn't live there so she believed the petitioner has to convince the residents they would like this change better. She would vote to recommend denial. Mr. Zinter stated with mixed properties, residential and commercial like this, they do hold to a higher standard. They see variances approved with precedents being set, so those precedents do apply. Although when he looked at the lower roof line, the lower sound, and most importantly the lower alley traffic, it seemed to him the issues really get isolated to the property and so he would vote in favor of this variance. Mr. Kuechle stated since he lives fairly near, he is quite familiar with the property. He is concerned about the setback to 10 feet even though a variance was granted previously to 10 feet. However, he believes in this case the improvement that will come to this property outweighs that concern. Getting that traffic out of that alley and closing it off will make an improvement for the residents. The change in the traffic pattern will also be an improvement . So, although it isn't the kind of precedent they like to set, he does think that the neighborhood will be better off with the improvement than if they were to deny it. He would recommend approval of the variance. MOTION by Mr. Zinter, seconded by Dr. Vos, to approve variance, VAR #03-05, with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The proposed car wash shall be architecturally compatible with the existing building and finished with complementary building materials; staff to review and approve final elevations. 3. No outdoor storage shall be permitted on site. All existing outdoor storage, including the storage pod, shall be removed upon completion of the proposed car wash. 4. The site shall not be used to display cars for sale or storage of trucks for rent. 5. The proposed car wash shall comply with the City noise ordinance requirements. 6. A speed bump or something similar shall be installed on the heated exit pad of the car wash to aid in removing water from vehicle frames, etc., prior to vehicles entering 53`� Avenue. Final design and location shall be reviewed and approved by City staff. 7. All lighting shall be shielded, downcast, and may not exceed 3-foot candles of light intensity at the property line. 8. Car wash hours of operation shall be restricted to 7 a.m. to 9:00 p.m. 9. The existing gap in the fence shall be filled in, in order to reduce the shine of headlights on neighboring residential properties. UPON A VOICE VOTE, ZINTER, VOS, AND KUECHLE VOTING AYE, JACKSON VOTING NAY, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED ON A 3-1 VOTE. Mr. Kuechle stated this will go to City Council on March 24. The City Council makes the final decision on this issue. 63 APPEALS COMMISSION MEETING, MARCH 12, 2003 PAGE 7 MOTION by Dr. Vos, seconded by Ms. Jackson, to enter into the record the letter from Mr. Zandlo at 5334 4th Street concerning this variance request. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. .� r � AGENDA ITEM �TMOF CITY COUNCIL MEETING OF MARCH 24, 2003 FRIDLEY INFORMAL STATUS REPORTS 65