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08/11/2003 - 4619OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING AUGUST 11, 2003 . ,._ � � CRY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2003 7:30 p.m. - City Council Chambers Attenc�ance Sheet ALFAS'F AR/NT NAMF, AD�RFSS AND /TFM NUMB�'R YaU ARF /NiFRFSTFD /N. ... . • � � � CITY COUNCIL MEETING OF AUGUST 11, 2003 GTY OF fRIDLEY The City of Fridley �vill not discriminate against or harass anyone in the admission or access to, or _ treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national oriQin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. yUpon request, accommodation w-ill 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: Certificate of Appreciation — Denise M. Letendre APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 14, 2003 OLD BUSINESS: 1. Second Reading of an Ordinance Under Section 12.06 of the City Charter Repealing Ordinance No. 1175 Declaring Certain - Real Estate to be Excess and Authorizing the Sale Thereof (Generally Located at 5541 Fifth Street N.E.)(Ward 1) ........................................................................... 1- 3 2. 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 at 5541 Fifth Street N.E.) (Ward 1) ....................................................... 4- 5 FRIDLEY CITY COUNCIL MEETING OF AUGUST ll. 2003 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: PAGE 2 3. Receive the Minutes from the Planning Commission Meeting of July 16, 2003 ............................................................... 6- 11 4. Establish a Public Hearing for September 29, 2003, to Consider Revocation of Special Use Permit, SP #01-06, to Dwayne and Dawn Myrvold, for a Second Accessory Structure, Generally Located at 554 Janesville Street N.E. (Ward 3) ............................................................................ 12 5. Claims 6. Licenses 7. Estimates ...... . ..................... ...................................................................... 13 ....................................................................................................... 14 - 18 ....................................................................................................... 19 ADOPTION OF AGENDA. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2003 PAGE 3 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: � t ' 8. Review Special Use Permit, SP #73-07, for Central Auto Parts, Generaliy Located _ at 1201 — 73 '/2 Avenue N.E. (Ward 2) (Continued July 14, 2003) _ .................................................................................. 20 21 9. Consideration of Alley Paving Project No. ST. 2003 — 3(Continued July 14, 2003) ...................................................... 22 OLD BUSINESS: 10. Resolution Ordering Final Plans and Specifications and Estimates of Costs There: Alley Paving Project No. ST. 2003 — 3(Tabled July 14, 2003) .................................................................. 23 - 24 _ 11. Resolution Receiving Final Plans and Specifications and Ordering Quotes be �. Obtained: Alley Paving Project Na ' - ST. 2003 — 3(Tabled July 14, 2003) .................................................................. 25 - 27 � 12. Approve Change Order No. 1 to Hickory Street Watermain Project Adding Alley Paving Project No. ST. 2003 — 3(Tabled July14, 2003) ..................................................................................................... 28 - 30 FRIDLEY CITY COiTivCIL MEETING OF AUGUST 11, 2003 PAGE 4 OLD BUSINESS (CONTINUED): 13. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Re"quest, ZOA #02-01, by Brandes Place, LP, to Rezone Property from R-2, Two Family Residential, anti C-3, General Shopping, to R-3, General Multiple Units-Residential, in Order to Accommodate 16 Multi-Family Housing Units, Generally Located at 6160 Fifth Street N.E.) (Ward 1) .................................................................... 31 - 34 NEW BUSINESS: 14. Variance Request, VAR #03-17, by David Phillips for James Kiewel, to Increase the Maximum Size of a First Accessory Structure to Allow the Construction of an Addition to an Existing Garage, Generally Located at 1631 Rice Creek Road N.E. (Ward 2) .....................................................:...... 35 - 47 15. Resolution Declaring the Necessity to Increase Storm Water Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as Required by Section 7.02 of the Fridley City Ck�arter .....................................................,....... 48 - 49 . 16. Resolution Declaring the Necessity to Increase Sanitary Sewer Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as Required by Section 7.02 of the Fridley City Charter ............................................................. 50 - 51 � FRIDLEY CITY COUNCIL NTEETING OF AUGUST 11, 2003 _ PAGE 5 NEW BUSINESS: 17. Resolution Declaring the Necessity to Increase Water Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as Required by Section 7.02 of the Fridley City Charter ......................................................... 52 - 53 18. Informal Status Repo�ts ..................................................................................... 54 ADJOURN. S C� it (�-l� U�� k��'ti�,t. Ue-�' � � : � ,, � � �-(-� !� a � s P �ti �� z �:c�o � o� �� {�; �' �-a�t. �� n b FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2003 �� , � oF j='Y C GC.E' r'l c. L. : K Da � Lc iC� C{ .�.y' �, f;�.y �l j^��GZ-i'w� 6f treatment or emptoyment m its The City of �'ridley will not discriminate against or harass anyone in the admission or access to, � services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodatioa redil e sonsVwho need an in elrpr� ter orlo er persolns to participate in any of Fridley's services, programs, and activities. Hearin� imp P with disabilities who require auxiliary aids should contact Roberta Collins at �72-3�00 at (east one week in advance. (TTD/�?2-3534) PLEDGE OF ALLEGIANCE. '' � Z�� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: PRESENTATION: Certificate of Appreciation — Denise M. �etendre �� 4 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 14, 2003 OLD BUSINESS: Second Reading of an Ordinance Under Section 12.06 of the City Charter Repealing Ordinance No. 1175 Declaring Certain Real Estate to be Excess and Authorizing the Sale Thereof (Generally Located at 5541 Fifth Street N.E.) (Ward 1) ................................... 1 - 3 �� 2. 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 at 5541 Fifth Street N.E.) (Ward 1) .................................. 4 - 5 �� O� � Receive the Minutes from the Planning Commission Meeting of July 16, 2003 .................................. 6 - 11 Establish a Public Hearing for September 29, 2003, to Consider Revocation of Special Use Permit, SP #01-06, to Dwayne and Dawn Myrvold, for a Second Accessory Structure, Generally Located at 554 12 Janesville Street N.E. (Ward 3) ........... Claims 6. Licenses ��,�`'"� P� 7. Estimates u 5 �-� i - ADOPTION OF AGENDA. .. 13 14-18 ...... 19 � � �� c�S ,� � OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. FRIDLE C TY COUNCIL MEETING OF AUGUST 11, 2003 — (� M: , �,c� /3 ��- PUBLIC HEARiNGS: NEW BUSINESS: $. Review Special Use Permit, SP #73-07, for Central Auto Parts, Generally Located at 1201 - 73 % Avenue N.E. (Ward 2) (Continued July 14, 2003) .................. 20 - 21 , � C' �� -�. � : �w � �w�� f,��. `- � -S %wC�� -_._..._. __.._ _ . . . _ .� �e�-cy v.�t.e.vvv�� C' a' / o_3 -�h, tti g��d r-, �. ,� � _ __ S H �S ti ��__._.__ � _ _ -_ ..._ � �,�,, ,, �_____ _ _�, -� ' o sideration of Alley Paving Projec No. ST. 2003 - 3(Continued July 14 2003) � ��+ }-Crsrs;�ss��'�.�.:..:�.... : ��: � +. � � / P ,3� �!� � ,�1- �_ '.=-u-d p e:-E, 4; o ,-� ��z. �--- �� -r +-; � _ � ` . ----_ ______. ' �� / '-"J�`eB� PAGE 2 �- �P� � . U-r. av S �v �. .� ._ _. p s. 14. Variance Request, VAR #03-17, by David Philiips for James Kiewet, to Increase the ��-� �� Maximum Size of a First Accessory Structure �� _ to Allow the Construction of an Addition s u G,f� `}, to an Existing Garage, Generally Located .�.� � at 1631 Rice Creek Road N.E. vt.e� -}-- � (Ward 2) . - 47 � . . I�H�-E'�� ` o K � �-b �2, _� 6— ,q- �- S �� -ut' - ��l�.w�,�-�� -ov u.:.�, � '�",.._"` ��> l e u.� J� 5� �"��v ��:. a� f- h u.,�l e��i o,.� z � <,� P �' �- / �--Cj . `a "', �, �} � �'-&' „ . OLD BUSINESS: 62f'-�z--�' � "`�"` �-e�fi��#,"� � �l� ��? ;,� � Fa S �� 10 /� �� J' Resolution Ordering Final Plans and�� Speciflcations and Estimates of Costs There: Alley Paving Project No. ST. 2003 - 3(Tabled J(u�`ly 1/4�, 2003) . 23 - 24 C��Y�-� 1L O� K�r-�'�t�c-Lt- �'T f•-� l iS+'`--(- � a � �/ �L l %? S� .� � .Z r, _K �• �� -lz_ �-%� 11. Resolution Receiving Final Plans and :� /1� Specifications and Ordering Quotes b� �� Y`�`' k`` °� �� uut�i��eci: All�y Paving Pr�ject i�o. f�� j ST. 2003 - 3(Tabled July 14, 20C3) �2� �,� ,�- ,� �s� � ,.� ��-S�. 12 Approve Change Order No. 1 to Hickory Street Watermain Project Adding Alley Paving Project No. ST. 2003 - 3(Tabled July 14, 2003) ................ ............ ,.. 28 - 3Q ��.��z.s� �B/�z�3��a�� / 13. �y ?� �'- Second 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 #02-01, by Brandes Place, LP, to Rezone Property from R-2, Two Family Residential, an� C-3, General Shopping, to R-3, General Multip;e Units-Residential, in Order to Accommodate 16 Multi-Family Housing Units, Generally Located at 6160 Fifth Street N. E.) (Ward 1) .... 31 - 34 � �n��e.. �$ �� d. s� Resolution Declaring the Necessity to Increase�i Storm Water Rates in Excess of the Inflationary J' Index or 5°/o, Whichever is Less, as Required by Section 7.02 of the Fridley Ci ��, o�j �r�,,c�., Charter ,_ - f _ _____ _: " .............:::::: :-:.`48 - � ....... .. � \,,�1PP��2. � B/ I?��/-� 5,�-..� Le2 's r� 4,,�, �1, '�? 16. Resolution Declaring the Necessity to Increase � Sanitary Sewer Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as Required by Section 7.02 of the Fridley City Charter �,�17 P�.a�.•lr�•�-�.2 P`'�5�61 � � � � �� .e.1.:.� � � ,�..�.�.�-�) �._ . _ ... ( p� �J2� ,, ,,, _ � ��,�� _ � ... I ___ __ ,.. _____., NEW BUSINESS: � 17. Resc�lution Declaring the Necessity to Increase �i� Water Rates in Excess of the Inflationary Index or 5%, Whichever is Less� as Required by Section 7.02 of the Fridley City � �, � j Charter '7,2`��....�.�: c� pQ.� ...... .. �. � .... .......�-�-�?- 52 - 53 -•-�_.__ �1(�(��yC,� � o. l.,. \ 1 l�r�..A� � '�. � S -�� wt-c� �S }k.t r cQ...l�'� v� S , i 3� 8�� - � u.�.�..-e. �s- .c �� S� �__ r��z . � -7 . G � � _ 8. lnformal Status Reports ..................... 54 �.�__.__ __._... S g (/a- � -'--_._ _��__ � W l-� '�. � l��<�_ /' �--�__._ ' � c� r�-,�-t' � p � I '7 0, b� � - ��. , � i�-� � , �-V ADJOUR . ----__ ,..__.._. _.____ / v. Z� 2 �I,e-f..�.)//�. S � J / . � Iv �- ✓Z l.cJ' S $ �� 3 �� A- j> .�„ �ub la-c Qolj (�. i"� �U.�,lu.¢- � �l P ,'!� j Gk-�'� THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 14, 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 Bolkcom 1VIEMBER ABSENT: Councilmember Wolfe OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Frederic W. Knaak, City Attorney Jon Haukaas, Public Works Director Liz Chevalier, Crime Prevention Specialist Julie Jones, Environmental Planner John M. Baker, Attorney, Greene Espel PRESENTATION ON SAFETY CAMP. Ms. Liz Chevalier, Crime Prevention Specialist with the Fridley Police Department, gave a presentation regarding the 2003 Safety Camp. Included was a five-minute film created by Brian Strand. APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: City Council Meeting of June 23, 2003. - APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES FROM THE PLANNING COMMISSION MEETING OF JUNE 18, 2003. RECEIVED. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 2 2. SPECIAL USE PERMIT REQUEST, SP #03-10, BY TOM GROTE FOR MERCY aND UNITY HOSPIT:�LS, TO ALLOW AN EXPANSION TO UNITY HOSPITAL, GENERALLY LOCATED AT 550 OSBORNE ROAD N.E. `VARD 1). Dr. Burns, City Manager, stated this project was a 2,375 square foot expansion of the existin� Radiation Therapy Center. It would be used for outpatient treatment rooms and office space. The special use permit was needed because Unity was in a R-1 district. The Plannin� Commission approved the permit by Lmanimous vote at its June 18 meeting. Staff recommended Council's approvaL THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. APPROVE COMPREHENSIVE SIGN PLAN AMENDMENT FOR SAM'S AUTO WORLD, GENERALLY LOCATED AT 7570 HIGHWAY 65 (WARD 2). Dr. Burns, City Manager, stated this amendment would allow internally-lighted, red neon letters on petitioner's sign. The change met the City's sign criteria. Staff recommended Council's approvaL APPROVED. 4. RESOLUTION NO. 30-2003 AUTHORIZING PARTICIPATION IN THE SAFE AND SOBER COMMUlvITIES GRANT PROGRAM. Dr. Burns, City Manager, stated that Fridley, Anoka County, and several other Anoka County cities have prepared a joint grant application under the Safe and Sober Communities Grant Program that is offered by the Federal Office of Traffic Safety. The grant would provide approximately $5,000 per entity for overtime and related costs associated with the enforcement of impaired driving and seatbelt laws. These joint efforts would occur during high school graduation season and on major holiday weekends. Staff recommended Council's approvaL ADOPTED RESOLUTION NO. 30-2003. 5. RESOLUTION NO. 31-2003 TO PARTICIPATE IN HAZARD MITIGATION PLANNING PROCESS. Dr. Burns, City Manager, stated this was part of the anti-terrorism effort going on across the country. The resolution authorized Fridley to participate with Anoka County and other Anoka County cities in coordinating a joint application for funding from the Federal Emergency Management Association. Under the planning process, the Anoka County entities would identify and assess hazards throughout the county. The plan would contain goals and objectives, as well as specific projects and costs. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF JULY 1�, 2003 PAGE 3 ADOPTED RESOLUTION NO. 31-2003. 6. APPOINTMENT TO THE HOUSING AND REDEVELOPNIENT AUTHORITY. The Mayor recommended Council's concurrence in the appointment of William Holm to the Housing and Redevelopment Authority. APPROVED THE APPOINTMENT OF WILLIAM HOLM TO THE FRIDLEY - HOUSING AND REDEVELOPMENT AUTHORITY. 7. CLAI�IS. APPROVED PAYIVIENT OF CLAIM NOS. 112115 THROUGH 112434. 8. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. 9. ESTIMATES. APPROVED THE FOLLOWING ESTIMATES: CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, MN 55337 Municipal Garage Expansion Project No. 343 Estimate No. 8 ........................................................................$ 9,439.97 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 2003 Street Improvement Marian Hills Project No. 2003-1 EstimateNo. 1 ........................................................................$128,311.09 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item No. 2 be removed and placed on the regular agenda. MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Item No. 2. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NIOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Councilmember Billings asked that Item No. 1 �A be added entitled: Authorization of the Execution of a Settlement Agreement with Brandes Place Limited Partnership. MOTION by Councilmember Billin�s to adopt the agenda with the addition of Item Nos. 2 and 1�A. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED �TNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Malcolm Mitchell, 1225 Regis Lane N.E., Chair of the Springbrook Nature Center Foundation, stated he represented the Nature Center Foundation and was not representing the audience directly. On May 19 the City Council asked staff to analyze and report back on July 14 on the alternative uses of land presently known as the Springbrook Nature Center. Council indicated they were going to have an informal discussion of the status of this matter, but it was not on the agenda. He said this was a very important issue for all of them and he welcomed the opportunity on July 21 to talk with Council about how to fund the Nature Center's programs. He said that in his opinion, Springbrook Nature Center was the greatest asset that the City of Fridley had. It was a j ewel that needed to be protected. It was a place for children and families to gather and learn about nature. He urged Council for continued support and to work with them to keep the programs at Springbrook. Councilmember Bolkcom asked if there was any information Mr. Mitchell could provide prior to the meeting on July 21. Mr. Mitchell said he would make every attempt to make it available to them. He asked Council to provide them with a copy of the report from the City Manager. Mayor Lund said they would work on this together. Ms. Karen Shragg, Director of Woodlake Nature Center in Richfield, refened to a pamphlet called "The Benefit of Nature Centers" that she provided to Council. She invited them to look at the benefits which nature centers really did not get credit for. She said there were only five cities that had the insight and the foresight to preserve these wonderful spaces and to use them as an economic, ecological, educational, and social benefit. She said there were 159 golf courses in the metro area. She spoke to the President of the Minnesota Golf Association and he told her they did not want another public golf course because there were not enough people to support the golf courses that were already there. Fridley had a place that brought in money they did not even see. She invited Council to look at the benefits of the Nature Center. She said they could not just let it go and let the trails be managed. FRIDLEY CITY COUNCIL MEETING OF NLY 14, 2003 PAGE 5 Ms. Betty Ann Attison, President of Rice Creek Gardens, stated she had been a resident of Fridley for 40 years. She grew up in New York and if you could imagine New York City without Central Park it would be more like MeYico City. Mr. Jerry Bahls, 7� 14 Alden Way N.E., stated he represented the Audubon Chapter of Minneapolis. They had more than 2,500 members in Minneapolis and its suburbs, of which more than 200 lived in the immediate Springbrook area of Fridley. He said Springbrook was a prime birding area for their members throughout the year. Springbrook has hosted part of the . internationally reno�vned Audubon Christmas bird count for about 10 years. Each Christmas about 30 bird watchers fan out within an area of seven miles from the Coon Rapids dam to conduct an annual bird census. Many of the species are seen at Springbrook because of its r habitat. Similar habitat was rapidly disappearing in the county making it even more important to preserve. The Audubon Chapter of Minneapolis also participated in the great backyard bird count each February at Springbrook and conducted some of their bird classes there. For those reasons the Audubon Chapter of Minneapolis urged the City of Fridley to continue to support Springbrook Nature Center as an education center and as a natural area for birds and other wildlife. Mr. Willis Unke, 1422 Trollhagen Drive N.E., stated he had lived at his residence for 43 years and raised five kids. He was an initial contributor to the Foundation when it was started. He thought the City was to be commended for helping the Foundation turn its objectives back to what it was. He really appreciated Council looking at the budget for the Nature Center. He thought the City was way out of line with the equivalent of five full-time staff inembers at the Nature Center. Although it was mentioned that there were a number of other cities that had a nature center educational fiznd, there were also regional centers. He thought that was where the education should be concentrated. Mr. Lenny Brandt, 190 Craigbrook Way N.E., stated Springbrook Nature Center was misleading, lying, and distorting the truth. He hoped the City Council and the citizens could see through all the smoke. Ms. Melanie Novitsky, 6293 Jackson Street N.E., stated she had three children ages 15, 13, and 4'/Z. She said the Springbrook Nature Center covered many facets of a Fridley resident's life. As an educator she was stunned at the teaching talent of the naturalists. There was a great wealth of learning to be found through their teaching. She said that each child in Fridley, grades kindergarten through 8, was seen by a Springbrook naturalist four times a year. Springbrook provided an integral supplement to the Fridley public school curriculum. She said that being an - educator, she was keenly aware of the function of having to try and work within the confines of the state budget. She understood that $267,000 in City money was needed to fund the Springbrook Nature Center for the year 2003, but she also understood that less than $5 per � household, per year went to fund the Nature Center. Furthermore, Springbrook Nature Center's cost to the City was lower now than it was in 1995. So she respectfully requested the City strongly consider an interim budget for the Springbrook Nature Center. Allowing a chance for public and private contributors to supplement the City's funding would let the Nature Center continue to expand children's learning, as well as offer family and community events. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 6 Dr. Burns, City Manager, said there was no final report on the feasibility of a golf course at that site. They met twice with a golf course pro from the Refuge Golf Course and with a golf course architect. He said they had put toQether some preliminary figures on the construction costs, the operating costs and the revenues for a golf course at the Nature Center. What they were trying to do was portray the financial picture over a five-year period Mayor Lund stated they would forward the information to the Springbrook Nature Center Foundation as quickly as possible. Councilmember Bolkcom asked Dr. Burns how much money had been spent on the study and where the funds came from. Dr. Burns replied they spent $3,000 studying the feasibility af a golf course, and those funds would come out of the non-program portion of the general fund. Councilmember Bolkcom asked if minutes were taken at the meetings. D�. Burns said minutes were not taken. Councilmember Bolkcom asked who attended those meetings. Dr. Burns replied those meetings were attended by Councilmember Barnette and Councilmember Wolfe. Councilmember Bolkcom asked how the rest of the council members could find out what went on at the meetings. Dr. Burns replied he had discussed that in the City Manager's report. Councilmember Billings stated he believed the motion was not to do a feasibility study but to provide some broad, general costs of what it might cost to build and operate a golf course. He asked if they had ranges of costs for acquisition, construction and operation. Dr. Burns said he would estimate that it probably was going to cost somewhere between $3.5 million and $5 million to construct the golf course. Those costs would probably be covered by a revenue bond as opposed to costs that would come out of the City's reserves. Councilmember Billings asked about the operating expenses. Dr. Burns said he did not have those figures. Councilmember Billings asked about the revenue projections. Dr. Burns said they were not available. FRIDLEY CITY COUNCIL MEETING OF NLY 14, 2003 PAGE 7 Councilmember Billings asked if they had looked at any other potential recreational uses for the site. Dr. Burns said they had not. Councilmember Billings asked if anyone on the City Council had any knowledge of any plan to actually convert Springbrook Nature Center into any type of use other than what it was. Councilmember Barnette said absolutely not. Councilmember Billings stated the only thing they asked was to find out what, in broad and � general terms, the cost might be to convert the Nature Center to a golf course. He said that did not mean they were going to turn Springbrook Nature Center into a golf course. They just needed to know what the costs and numbers were so they could make a knowledgeable and intelligent decision. Councilmember Billings stated that on July 3 they received a letter from the Metropolitan Council about some of the numbers that they had in their statistics. He said earlier a woman mentioned that it cost $267,000 to operate the Springbrook Nature Center. By the 2000 census there are 27,460 people in Fridley, which would cost about $10 for every man, woman, and child in the City of Fridley to operate Springbrook Nature Center. He said there were approximately 2.4 people per household. which would make it $24 per household. He said there were 11,392 households in the City of Fridley. He said the City Council had taken no action, nor was there a plan to take action to turn Springbrook Nature Center into anything other than what it was. He said there were developers that would pay up to $6 million on this site to build homes. With 127 acres, some of it wetland and high land; you could build somewhere between 1,200 and 1,500 homes on the site, generating $5 million per year in taxes for Anoka County, the school district, and the City. The City's portion would be something like $1 million per year. He said they made noises when someone talked about $3.5 million to $5 million investment in a golf course, but they needed to understand that if the land were developed for housing, it would mean $1 million a year to the City of Fridley and another $4 million per year to the school district and Anoka County. That is money that they, as taxpayers, would not have to pay. Councilmember Barnette stated he received numerous e-mails on this issue and has responded that they were not closing Springbrook but they were proposing to cut the staffing for the building. At this point that was all they were doing. They have been dictated to by the state legislature. They are facing a major shortfall in their local government aid. Councilmember Bolkcom stated there was a budget meeting. The City Manager talked about laying off employees, and not just at the Nature Center. There were only four of them at the budget meeting and she said they did not make any decisions. She thought they were all going to work on this together. They do not vote on the preliminary budget until August and the final budget in December. Mr. Mitchell said they were talking about a proposed budget; but the proposed budget is a plan. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 8 Mayor Lund stated on Monday, July 21, Council would be meeting with the Springbrook Nature Center Foundation at 5:00 p.m. PUBLIC HEARING: 10. REVIEW SPECIAL USE PERMIT, SP #73-07, FOR CENTRAL AUTO PARTS, GENERALLY LOCATED AT 1201— 73 '/Z AVENUE N.E. (WARD 2). 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 8:32 P.M. Mr. Scott Hickok, Community Development Director, stated this public hearing was to consider revocation of two special use permits for Central Auto Parts located at 1201 73 '/z Avenue N.E. He said that in August of 1973, a rezoning occurred and a special use permit was granted to allow auto salvage at this location. Stipulations were attached to that special use permit. The 1973 stipulations included the following: l. Building will be metal with brick veneer. 2. Timetable for improvements should be submitted by the applicant and improvements to the property were to be within one year after the street was improved. 3. Drainage problem will be taken care of. 4. The fence shall be improved by being painted and uniform in size. 5. No cars should be piled higher than the fence. 6. No cars will be outside the fence. 7. Licensing will be needed and the applicant to meet requirements of license procedure. Mr. Hickok stated it was important to note that prior to 1973, the property was not recognized as a"junk yard." In 1971, the City's zoning code had been rewritten in part to clarify what uses could exist on various parcels in various districts. Prior to the building permit request in 1973 there were ongoing, documented compliance issues including the parking of dismantled, non- operating, wrecked, junked or discarded vehicles and parking on the street. The City contemplated placement of "no parking" signs along 73 %2 because the problem was so prevalent. Mr. Hickok stated that a special use permit was granted and complaints about compliance continued. In 1979, the City again contemplated "No Parking" signs along 73 %z. In 1981 the property's license was not going to be issued without 11 stipulations being met. In December, 1982, Central Auto Parts requested a new special use permit. This was primarily due to the acquisition of the property adjacent to their operation. After much discussion, SP #82-11 was 0 � FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 9 approved with 7 stipulations. In 1986, numerous problems with compliance were again documented. The owner �vas notified that a license would not be issued without significant modifications. In 1999 and 2000, the City contemplated purchase of the subject property and the surrounding property. Unfortunately, the 2001 legislative session diminished the City's taY increment earnings that they were eYpecting in this district and eliminated the possibility of the purchase or at least lowered its priority on a priority-scale for redevelopment. vlr. Hickok stated that last year Mr. Buzick and Mr. Haluptzok were asked to meet with City - staff regarding continued non-compliance. They were told that the County's report showed continued violations. They were alerted that their license would not be renewed, and the special use permit would be reconsidered unless changes occurred and compliance was attained. After ' no significant chan�es were observed, staff alerted the owner and tenant that the special use permit was to be scheduled for review and that staff would not sign off on a license for reissuance unless a review was completed and a Council determination was made. Mr. Hickok recommended that Council hold the public hearing on this matter and take action at the Council meeting on July 28. MOTION by Councilmember Billings to receive a fax from Joseph G. Sedarski of Rider Bennett, LLP, dated July 14, 2003, which was sent at 12:�5 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Sedarski, Attorney with Rider Bennett, LLP, stated he represented Mr. Haluptzok and Central Auto Parts. Mr. Haluptzok contacted him and asked him to assist with matters associated with the special use permit for Central Auto Parts. He referred to the letter that basically outlined their willingness and commitment to work with City staff in meeting special use permit stipulations and also to talk about any new requirements that the staff recommended. Mr. Haluptzok acknowledged that he had been out of compliance during the past year and had taken a number of actions to address all of the current non-compliance items that were listed in planning staffls memorandum dated June 6, 2003. He said there were no crushed or uncrushed salvage vehicles stored higher than the fence nor would they be allowed to be stored higher than the fence. Most of the uncrushed salvaged vehicles stored in the yard that previously contained fluids and other materials had been drained of all fluids. Approximately 300 of the 400 salvaged vehicles had been processed in the past several weeks. The remaining vehicles would be processed by the end of the week. By processed, he meant removing the fluids and other � materials that were of concern for storage on the site. He stated that the reason so many of the vehicles were stored prior to processing was due to an unusually high number of salvage vehicles � delivered to the area during a relatively short amount of time. Mr. Haluptzok said he now accepted only the number of vehicles he could process within a week. Mr. Sedarski stated they respectfully requested that the City Council reissue Mr. Haluptzok the special use permit for continued operation of Central Auto Parts. He understood that Fridley planning staff recommended this with modifications to the stipulations in the original special use permit for this business. Mr. Haluptzok was willing to agree to certain stipulations for the FRIDLEY CITY COUNCIL NIEETING OF JULY 14, 2003 PAGE 10 special use permit and discuss any new requirements. He said VIr. Haluptzok opened for business in 1997. Other persons had operated this site as an auto salvage yard previously. Mr. Haluptzok leased a portion of the property from Mr. John Busick. Central Auto Parts currently operated out of the western portion of the facility. The other portion of the facility and property was currently occupied by an auto glass business. Under his agreement with Mr. Busick, Mr. Haluptzok was responsible for rent, site maintenance, upkeep, utilities, business licensing and permitting and other aspects of operating Central Auto Parts. Mr. Haluptzok and his employees regularly inspected areas outside the fence and along 73 '/2 Avenue and picked up any garbage or other debris. They also inspected the fence surrounding the site and the gates leading into the yard. 1�1r. Haluptzok maintained a Minnesota dealer's license from the Minnesota Department of Public Safety as a parts dealer. He also had a hazardous waste generator's license from Anoka County. As required by some of the permits, Mr. Haluptzok had installed several physical improvements on the site in order to be in compliance with current requirements and to meet best management practices for operation of this type of facility. Mr. Sedazski stated he wanted to discuss the twelve stipulations. The first stipulation said the building would be metal with a brick veneer. The current building was metal with brick on not quite one-half the side on the front. Approximately two to three feet of the front of the building was brick. The remaining portion of the front, the sides and the back were metal and not highly visible from the street. Mr. Hickok said that in their recommendation, they did not want to or choose to lose any of the original stipulations if there was any sort of damage to the building. He said the building was in compliance. Mr. Sedarski said they need clarification from staff on the timetable for improvements. He asked if it was related to the improvements that cunently needed to be done. Mr. Hickok said it was and that some improvements were still necessary. It was part of the 1973 stipulations and, again, they did not want to lose any of the 1973 or 1982 stipulations. Mr. Sedarski said that the drainage problem would be taken care of. He said they understood that 73 %2 Avenue and 73`d Avenue occasionally flood as a result of heavy rains. If they paved the property they were looking at possibly aggravating the condition. Mr. Hickok said the stipulation alluded to the original storm water management issues that were standard today. If a hard surface was required, it would need to be reviewed. The petitioner would need to submit engineering details about what the runoff would be, and they would need to manage their water offsite in a predevelopment state. Mr. Sedarski stated they agreed there was a need to figure out the drainage for the site and that it did not necessarily just include that particular site. They requested that the City look at other options besides just hard-surface paving. He said they agreed with the stipulation requiring them to keep cars stacked lower than the fence. They also agreed with the stipulation that no cars except employee and customers cars were to be parked in the parking lot outside the fence. Signs would be put up. With respect to the stipulations about driveways and limited access to FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 11 73 `/z Avenue, he stated there were three Qates from the property on 73 '/2 Avenue. Two were actively used. The third was in the middle of the property and was used to access the paved area that the auto glass business was using. Mr. Hickok stated access should be limited. Mr. Sedarski said they agreed that solid screen fencing should be placed completely around the property and maintained in eYCellent condition. They agreed to upgrade the fence and gates �vithin one year as staff recommended. With respect to the requirement that additional landscaping be placed along the screen fence at 73 %z Avenue, he said they wanted to find out if it was supposed to be outside or inside of the fence. Mr. Hickok said certain setbacks were required. When the curb and gutter and asphalt were put in place, the area between the curb and gutter and the property line needed to be managed and landscaping was the obvious solution. Mr. Sedarski said with respect to the stipulation that the concrete driveways extend a minimum of 10 feet beyond the screening fence and the property from the street, all three access driveways are paved. He said he believed two were concrete and one was asphalt. Mr. Hickok said the intent was to have the concrete apron meet concrete curb and gutter. Mr. Sedarski said they agreed to work �vith staff in determining the nature of the drainage problems and the possible solutions and to prepaze a drainage plan. With respect to the stipulation regarding the time of construction, they would consider underground sprinkling, driveways, and parking that would comply �vith City zoning code requirements. They agreed to work with staff in determining drainage solutions and alternatives to paving the entire yard where processed salvage vehicles are parked. They also agreed to follow licensing procedures and do what they needed to do in order to secure the special use permit and any other business licenses that were needed. Councilmember Bolkcom asked if there was any difference between asphalt and concrete. Mr. Hickok stated it was not an unusual standard at a juncture where vehicles, especially heavy vehicles, were changing elevation. Mr. Jon Haukaas, Public Works Director, stated concrete aprons were commonly required. They were generally required in an industrial or manufacturing district with heavier traffic. Mr. Sedarski stated with the additional paving, sewer, landscaping, and fencing requirements, they would like the City Council to consider their proposal �vhich included upgrading and maintaining the fence around the entire yard and the three fences also that lead into the property. The fencing and gate upgrades would be completed within a year as recommended by staff. He said they proposed to install and maintain additional landscaping along 73`d Avenue. As he understood the stipulation, the landscaping would be in front of the facility and not within the fencing. He said they also agreed to park incoming salvage vehicles on a paved surface until the FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 12 fluids and other materials could be removed. They agreed to process incoming vehicles within a week of arriving at the site. Thev �vould like to work with staff to determine what the storm water runoff issues were as well as any possible solutions. They were considering grading of the storagz yard to improve site drainage. Their proposal included installing a recycled asphalt product which �vas basically a recycled bituminous that would be used as a base in the yard. Once the grading was done and approved by the Ciry, they would install the recycled asphalt product throu�hout the entire yard. They proposed to do this within a reasonable time frame and would work with staff in determinin� the specifications for a grading and drainage plan. Councilmember Bolkcom asked what was a reasonable time. Mr. Sedarski replied if it were their option, they would ask for three years to implement the plan. Upon approval, they would prepare and implement a site-specific storm water management plan. The reasons for their proposals were based on practicalities and expense. The operations in the yard are such that there was a front-end loader that moved materials around. If they were to install asphalt, the asphalt would tend to be chewed up by the operation of the front-end loader as well as other heavy vehicles. Mayor Lund asked for staff's reaction. Mr. Haukaas said they used it in road bases. It was a gravel product that had a higher oil content than the standard crushed limestone. It packed down very well. Mayor Lund asked about the sprinkling system. Mr. Sedarski stated he was not aware of any irrigation system at the facility at this time. He said, when creating the drainage and grading plan, they would work with staff and determine how to set it up so that curbing would not necessarily be required. Mayor Lund asked if parking at the business was in compliance at the present time. He asked if they needed additional parking. Mr. Hickok said they would not if they kept the current parking lot cleared. Mayor Lund said something needed to be done about the silt sedimentation, car parts, and other things that came from the parking lot, down the street and got caught in the catch basin. Councilmember Bolkcom stated she was concerned that they just received the letter from Mr. Sedarski and some of the proposals were not contained in the letter. She said she would like further information on this matter. Mayor Lund stated they could continue this matter for further evaluation. MOTION by Councilmember Barnette to continue the public hearing to August 11, 2003. Seconded by Cotmcilmember Billings. FRIDLEY CITY COUNCIL MEETING OF NLY 14, 2003 PAGE 13 UPON A VOICE VOTE, :�LL VOTING AYE, MAYOR LUND DECLARED THE NIOTION CARRIED UNArTl�IOUSLY. 11. ALLEY" PAVING PROJECT NO. ST. 2003-3 (CONTINUED FROM JUNE 23, 2003)• MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, :�LL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNArZVIOUSLY. Mr. Haukaas stated this was the continuation of a public hearing for an alley paving project. This project involved paving three through gravel alleys that connect between two City streets. It would be assessed 100 percent to the adjacent properties. At the Council meeting on June 23, there was some discussion as to how that cost would be allocated. Originally they looked at a lot width division of the costs. It was proposed to divide it equally. Since that time they have received bids for the project and have come up with some actual prices. A letter explaining this project was sent to every resident after the meeting on the June 23. MOTION by Councilmember Bolkcom to receive a memorandum dated June 22, 2003, from Mr. Haukaas about alley assessment options. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAN`IMOUSLY. MOTION by Councilmember Bolkcom to receive a letter, subject "Continue Public Hearing on Alley Paving Project" from Layne Otteson, Assistant Director of Public Works, dated June 26, 2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, �I.L VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked Mr. Haukaas to review the options. Mr. Haukaas said there were three alleys. One was between and pazallel to Anoka Street and Arthur Street from Mississippi Street north to 66`� Avenue. There were 15 properties along that alley. There was no consideration given as to whether they had a driveway to the alley. In assessing the benefit, you could not always look at what was there, but what could be there. There was nothing stopping someone from removing a fence and putting a driveway in from the back. That possibility was always there; therefore, that benefit was always there. The other two alleys were from East River Road to Ashton Avenue between 62"d Way and 62 '/z Way and between 62'/z Way and 63`d Way. There were a total of 20 properties on those two alleys. He said they received quotes from several contractors. Based on the lowest contractor's price, including some contingency in case there were unexpected expenses, they came up with a cost FRIDLEY CITY COUNCIL 1VIEETING OF JULY 14, 2003 PAGE 14 for the Anoka-Arthur alley of $1 �.80 per foot or at a per capita of $1,263.61 each. For the East River Road alleys, the assessment would be $1 �.30 per foot or $1,308.48 per property. Councilmember Bolkcom asked if the residents received this information or just the letter. Mr. Haukaas said they received the letter. They did not have the exact figures at that time. What they have done in the past is to provide an approYimate amount during the public hearings. There would be a final assessment hearing at which time the exact figures would be sent to the individual properties. . Councilmember Bolkcom stated with respect to the Anoka-Arthur project, if they used the per capita amotmt, it would almost double the cost. With respect to the 63`d Avenue project, it would ' be less per capita. She said she could not draw a conclusion that would be fair. Councilmember Barnette stated he thought there was another option. He said there was the possibility that the City could pay for those alleys since it was requiring hard surface driveways. Councilmember Bolkcom asked about other alleys. Councilmember Barnette stated they would say that these were the only three that would fall under this issue. Mayor Lund asked Mr. Haukaas how many alleys in the City were not paved. Mr. Haukaas said he thought it was in the range of 30. Councilmember Barnette stated but those are alleys that are not currently being used. Mr. Haukaas said he was referring to alleys that were being used. He said they were taking this in steps. Next, they were going to look at the alleys that were not through alleys and then the alleys not being used at all. Councilmember Bolkcom stated their idea was that after they were paved, the City would maintain them. Councilmember Billings asked for the combined total of the driveways. Mr. Haukaas said there were 1,800 feet of platted lot width. Councilmember Billings asked if he had any kind of a guess as to what the total length was for the rest of the alleys in the survey. ' Mr. Haukaas said he did not have that information. Councilmember Billings asked if he knew how many alleys did not go all the way through but were being used. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 15 Mr. Haukaas said there were around 15 to 20. He said there would be problems if they paid for them now and did not pay for them in the future. He thought they would be looking at around $250,000 to pave all the unpaved alleys. Councilmember Billinas said if they made this change, they needed to consider that it was going to be a$200,000 not a$40,000 change. He said they needed to keep in mind the many miles of alleys in the City that are already paved. There are also a number of parcels of property in the City that did not have any alleys and would not benefit at all by the City paying for alleys. He said their forefathers had the right program in mind when they assessed on a per-foot basis. Mayor Lund agreed. Ms. Heather Mewhorter, 39 — 62"d Way, stated she had a petition to close the alley between 62nd Way and 61 '/z Way. There were 10 houses on the alley. Eight homes were actually lived in and two where vacant. Of the eight homes, six have signed the petition. They would like private drives made at the Ashton end and one at the East River Road end for three of the driveways. Mayor Lund asked if it was feasible for the people who used the alley to put a driveway to the front street rather than to the alley. Ms. Mewhorter said it was not. Mr. Chris Mewhorter, 39 - 62nd Way, said that when they platted the lots in the 1850's, the reason they had the alleys was so the coal carts could use them to drop coal off in the basement of the houses. Mayor Lund said he was not opposed to what they were requesting, as long as there was access for the remaining property owners and this was physically possible. Ms. Mewhorter said two houses on the East River Road side were actually the last houses on the alley on both sides of 62nd Way and 62 '/z Way. The one house on the Ashton side was the second one in, but it was not that fax, so it could easily be made a turn-around just for their driveway. Councilmember Billings asked where the vacant homes were. Ms. Mewhorter said 23 and 35. Councilmember Billings asked which of the four had not signed the petition. Ms. Mewhorter said it would be 23, 35, 80 and 6175. Mayor Lund stated it was an interesting proposition that should be looked into. He suggested continuing the matter. � FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 __ PAGE 16 MOTION by Councilmember Bolkcom to receive the petition. Seconded by Councilmember Bi�lin�s. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE iVIOTION CARRIED UNANIMOUSLY. Mr. Mewhorter asked about the commuter rail system and the assessment being spread over 10 years. 0 Mayor Lund replied the commuter rail project was not being pursued at this point. Ms. Sheila Denney, 20 - 63`d Way, stated she did not use the alley and never had. She said there ' was a small garage in back of her property adjacent to the alley but it was used for storage. There was a large garage and driveway that came off of 63`d Way. She did not feel they should be charged per foot. She thought dividing it between the property owners would be fair. Councilmember Barnette asked if any of the other people in that area used the alley for any reason. Ms. Denney said she thought there was one property on the East River Road end that used it. She did not know of anyone going down the alley except for the garbage truck every week. Mayor Lund stated this could be another one that could be vacated. Councilmember Barnette asked Mr. Hickok if the alley was vacated did the land go to the property owner. Mr. Hickok, Community Development Director, said that was typically the case. Councilmember Barnette asked how it would affect taxes. Mr. Hickok replied there would be some additional square foot dimension. Councilmember Billings asked Ms. Denny if she would be willing to take a petition to her neighbors to see if they wanted to have the alley vacated. Ms. Denney said she would. Mr. John Schwint, 1535 Mississippi Street N.E., said he was on the corner lot and his driveway went out to Mississippi Street. On the alley side of his lot there was a 6-foot wide lilac hedge. His property was also tiered and to change the elevation would cost more money than it would to pave the alley. It made no sense to him to charge him for an alley that he did not use, especially when the people on the west side had total access to it. He wondered if they could make it a private drive. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 17 Mayor Lund said there could still be problems. Neighbors did not always remain friends and people moved. Mr. Schwint stated he a�reed that the alley needed to be paved. He asked about payina a percentage. Mayor Lund said what Mr. Schwint was suggesting was that those who had access or used the alley should pay a higher percentage. Mr. Schwint replied that his projected assessment was $1,900. The assessment for the people who used the driveway on a full-time basis was maybe $900. He said he did not see the benefit ` of an improvement. Councilmember Bolkcom asked Mr. Knaak how the assessment was determined. Mr. Frederic Knaak, City Attorney, replied the benefit was the improvement or the increment to the value of the property as the result of the improvement. Dr. Burns asked Mr. Haukaas if there was a way he could calculate the portion of the benefit for these projects that would be represented in storm drainage. Could he say that half the benefit was the storm drainage benefit as opposed to a resurfacing benefit? Mr. Haukaas replied he did not know if he could qualify it on a percentage basis. Obviously there was some benefit. Mr. Richard Kedrowski, 6584 Anoka Street, said Council talked about possibly vacating two alleys. It would significantly decrease the amount they would be paying. He said there was one 40 foot lot, numerous 60 foot lots, a couple 80 foot lots and a few 120 foot lots. �ith the per foot charges, the 120-foot lots would be paying $1,896; and the 60 foot lots would be paying $948. If they did an across the board cost per house, the 60 foot lots would see an increase of $294 and the 120 foot lots would see a decrease of $653, which was more than fair because they were not using the alley. Mayor Lund said he was amenable to that. Ms. Judy Green, 6544 Anoka Street, stated about two years ago, she had her garage near the alley taken down and built a new one that faced Anoka Street. She did not think it was fair that she should have to pay for the people using the alley to get to their garage. She said if they were going to assess it she thought it should be per use. � Mr. John Lund, 6553 Arthur Street, stated he started the petition originally last year to pave the road and it was voted down. He talked to a lot of people and he did not think they had a problem with splitting it per piece of property. Mr. Mel Kocinski, 43 — 62 '/� Way, stated he did not use the alley and it would be of no benefit to him. He asked what would happen if the alley was vacated. FRIDLEY CITY COUNCIL NTEETING OF JULY 14, 2003 PAGE 18 Mr. Knaak replied he just wanted to explain that with any plat with a roadway there was an easement for road purposes. If it is vacated and the easement is gone you would not have to worry about �vhat was on the easement or the public access. The alley would be gone as well as the ri�ht to use the alley. Mr. Haukaas said he believed NIr. Kocinski was asking the City would barricade the alley once it was vacated. That �vas something they could do, but it had not been discussed. It would be his recommendation that the City take some kind of positive action to barricade the alley until it was taken over by the adjacent properties. One issue they needed to look at was in vacating the alley 6275 only got the right to half of the alley, and it was not wide enough to drive on. Councilmember Billings stated if they vacated it from the east property line of 6275 going east ' which would mean that 6275 62"d t/ Way and 6245 really would not have the alley behind their property vacated because it would be necessary to keep it open far 6275. Mr. John Denney, 20 63`d Way, asked about the telephone poles. Councilmember Billings replied that they would maintain a utility access over the property. Councilmember Bolkcom asked NIr. Haukaas how long he would need to look at this issue. Mr. Haukaas said he thought he could get a staff report back to them by the next Council meeting. He did not know if the petition process would be completed by then. Councilmember Bolkcom asked if the proposal was feasible. Mr. Haukaas said they could contact them. MOTION by Councilmember Bolkcom to continue the public hearing until the meeting of August 1 l, 2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 12. RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: ALLEY PAVING PROJECT NO. ST. � 2003-3 (TABLED JUNE 23, 2003). MOTION by Councilmember Billings to table the resolution until the August 11, 2003, City Council meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED TH� MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COU�ICIL MEETING OF JULY 14, 2003 PAGE 19 13. RESOLtiTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND OBTAINING QUOTES: ALLEY PAVING PROJECT NO ST 2003-3 (TABLED JtiNE 23, 2003). MOTION by Co�mcilmember Billings to table the resolution until the August 11, 2003, City Council meetinQ and to direct staff to delete any reference to the two alleys between East River Road and Ashton. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE 1�IOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 14. APPROVE CHANGE ORDER NO. 1 TO HICKORY WATERMAIN PROJECT ADDING ALLEY PAVING PROJECT NO. ST. 2003-3. MOTION by Councilmember Bolkcom to table Change Order No. 1 to Hickory Watermain Project. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1�. APPROVE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FRIDLEY AND WSB & ASSOCIATES, INC. FOR ENGINEERING SERVICES RELATED TO THE SPRINGBROOK WATERSHED PHASE II IMPLEMENTATION PROJECT. Ms. Julie Jones, Planner, stated the advisory committee for the Springbrook Watershed Project spent the last year evaluating options for reducing storm water flows into the east inlet of the Springbrook Nature Center. On June 26, they approved a proposal from WSB & Associates, the City's engineer consultant, to complete final design on what they have selected as the best option for protecting the east inlet of the Nature Center. That option was to expand the existing storm water pond at the corner of 85`h and University Avenues. The funding was in place. It had been sitting in the grant money management fund since last year. Approval of this agreement was a legal fornlality for them since Fridley was the lead agency in this multi-city project. Councilmember Bolkcom asked if Blaine and Spring Lake Park were still involved with the proj ect. Ms. Jones replied she understood that Blaine had approved the project in concept and set aside future monies for the construction phase of the project in their budget for this year. All the cities that are partners in this project were represented on the advisory committee and were involved in the motion to accept this proposal from WSB at their June 26 meeting. She said that no matter what happened �vith the Nature Center, they still had storm water issues on that property that needed to be resolved. FRIDLEY CITY COUNCIL v1EETING OF NLY 14, 2003 PAGE 20 MOTION by Councilmember Bolkcom to approve the professional services agreement between the City of Fridlev and WSB & Associates, Inc., for engineering services related to the Springbrook Watershed Phase II Implementation Project. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTItiG AYE, NIAYOR LUND DECLARED THE NIOTION CARRIED UN ANIVIOUSLY. 1�A. AUTHORIZE EXECUTION OF THE SETTLEMENT AGREENIENT WITH BRANDES PLACE LIMITED PARTNERSHIP. MOTION by Councilmember Billings to authorize the Mayor and City Manager to execute the document entitled, "Settlement Agreement and Release" dated July 14, 2003. Seconded by Councilmember Bolkcom. Mr. John Baker, an attorney appointed by the League of Minnesota Cities Insurance Trust, stated this involved Brandes Place Limited Partnership in an action arising out of the failure to approve three applications in October of last year. They reviewed the case, evaluated the merits and the City's position, and after a mediation that occurred, they were able to reach an understanding with the plaintiffs in the case by which the matter could be resolved under terms that they considered to be acceptable and appropriate. That agreement has now been reduced to a settlement agreement and release, and one e�ibit that was a tenant handbook for the proposed project, and another e�chibit that was a Right of First Refusal document that related more to how ownership was likely to change in the future. Mr. Baker stated there were different elements of the settlement. The first involved Brandes Place's full and complete release of the City and all its officials and representatives from all claims and damages without payment from the City or League of Minnesota Cities Insurance Trust. A second part of the settlement involved efforts that Brandes Place would make to create the possibility of owner-occupied units at the end of the 15`h year of the project. A third element involved components that were really designed to maximize the likelihood that the project would be successful and the residents would be perceived as desirable neighbors and citizens. Mr. Baker stated the release would release the City of all claims relating to past damages. 'There was an allegation specifically that the City had caused the plaintiff to incur an additional $75,000 in delay damages. That claim was being released. It would also release the City from all future damages. There were two such claims: an allegation that $1.4 million in financing was lost or would be potentially lost, and that $1,000 of out-of-pocket architectural fees and other costs had been incurred. They also released the City from any claims involving civil penalties, attorneys fees, or damages. Also, each side was to bear their own attorneys fees. Mr. Baker stated the second element involved the orientation of the project after year 15 to owner-occupant ownership. The plaintiff's financing with low-income housing tax credits really required the project be maintained as rental for 15 years, and it was also important for financing reasons that it remain affordable thereafter. Under this settlement agreement, Brandes Place would take steps to set up legal structures for this project that would facilitate this legal transition after year 1� to an owner-occupied type settin�. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 21 Mr. Baker stated the third component was that there were programs and projects that Brandes Place �vas offering in conjunction with the project. First, they would make training and counselina available to tenants focused on preparing tenants for homeownership whether as fiiture tenants at year 16 or homeo�vnership somewhere else. They agreed to set up a community advisory program which would be involved with the operations of the project on which neighbors in the area would be entitled to have two representatives appointed by the City Council. They also agreed to include certain language in their tenant handbook that was intended to cause the tenants' behavior to be strictly monitored and to provide certain . circumstances related to nuisance-type tenant behavior within which there could be evictions. It also provided for intensive screening of all prospective tenants. NIr. Baker stated the City would agree to approve the applications that were not approved in October. He said they believed this was an appropriate settlement document. They worked closely with the plaintif�s lawyers in trying to make sure the language in the settlement agreement achieved what they believed the City was seeking to achieve. MOTION by Councilmember Bolkcom to receive a letter from the Reverend Joseph Whalen, Pastor, The Church of St. William, dated July 14, 2003. Seconded by Councilmember Barnette. Mayor Lund stated the letter indicated Father Whalen was unable to comment on the terms of the agreement or endorse it because the church was not a party to the mediation. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Reverend Joseph Whalen, Pastor, The Church of St. William, stated that he appreciated that his letter was on record. He said he simply wanted to appear before Council to publicly affirm their very serious concerns that, as the property owner, they had not been included in the mediation process. They had some serious concerns about the direction of the litigation, and they had some ongoing questions. They had not given their consent to the agreement, they did not know the contents of the agreement, and they found the agreement rather irregular considering the fact that it did not include the property owner. Mr. Knaak, City Attorney, said the parish was not a party to the litigation and because it was not a party, it was not involved in the solution to the litigation. _ Mr. Dick May stated he was a member of the board for The Church of St. William, and he was _ curious as to how the City could give permission to somebody to build something if they did not own the land. Mr. Knaak said there was no answer at this point. Representations were made to the City and the City was entitled to rely on those representations. Mr. Chuck Jones, President of The Church of St. William Parish Council, stated whatever took place, they did not know about and they were not in agreement. They were not consulted on any of this and they did not know how the City could rezone property they did not own. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 22 Councilmember Barnette stated from the very beginning when he first heard about the possibility of this project, personally and as an elected representative of Fridley, he was opposed to it. On a democratic vote of this Council, it was voted 3-2 not to approve the initial requests. At that point he thought the issue �vas over with. Through some technicalities, the City was taken to mediation. They were not given much choice. They were told by the attorney representing the League of Minnesota Cities that if they continued with this suit, they were going to lose. He said he felt strongly that the people who represented Brandes Place did not take into account the residents of Fridley. He thought the decision would have far-reaching repercussions both to the residents and The Church of St. William. He asked if St. William's owned the land, how the land deed changed. UPON A VOICE VOTE ON THE MAIN MOTION, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. SPECIAL USE PERMIT REQUEST, SP #03-10 BY TOM GROTE FOR MERCY AND UNITY HOSPITALS, TO ALLOW AN EXPANSION TO UNITY HOSPITAL, GENERALLY LOCATED AT 550 OSBORNE ROAD N.E. Councilmember Bolkcom stated she just wanted to make sure they had an understanding that they were taking care of the outdoor storage issue, the construction debris, and the parking issues. Mr. Hickok, Community Development Director, stated they were very comfortable with the stipulations. Councilmember Bolkcom stated she read the minutes and thought it left it up to petitioner about whether it was being taken care of. They were really in close proximity to the neighborhood. Mr. Hickok stated they shared her concern. Councilmember Bolkcom asked if there was a strategic plan for Unity and Mercy Hospitals. Mr. Gary Alberts, Unity Hospital, stated that they were in the process of revising their strategic plan which spreads out beyond five years and involved both Unity and Mercy campuses. This project was outside of the plan. Councilmember Bolkcom asked if there would be more construction. Mr. Alberts said that as the campuses continued to grow and they continued to look at the needs of the community, it would undoubtedly grow. Councilmember Bolkcom asked if he thought they had outgrown their campus. Mr. Alberts said they had not. Mayor Lund asked if the issues had been addressed. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 23 Mr. Hickok said they had. Councilmember Billings said there was a modification to Stipulation No. 4. NIr. Hickok stated there �vas rewording of that stipulation about loose construction debris. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #03-10 by Tom Grote for �lercy and Unity Hospitals, to allow an expansion to Unity Hospital, generally located at 550 Osborne Road N.E. with the following stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing, and painting after the addition is completed. 3. No outdoor storage of equipment or materials along the south side of the maintenance building. 4. The subject property shall be maintained free of any loose construction debris in and around surrounding area. �. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 6. Salt shed shall be removed prior to issuance of a building permit for the proposed expansion. 7. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 8. The City reserves the right to require additional parking should the demand of the facility warrant it. 9. Any further expansions to the hospital will require the hospital to meet City code requirements for hard surface parking. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE - MOTION CARRIED UNANIMOUSLY. 16. INFORMAL STATUS REPORTS. Dr. Burns, City Manager, stated the League of Minnesota Cities recently honored the City with a 2003 City Achievement Award for innovation and excellence in communications for the City newsletter. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 24 ADJOURN. MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, 1VIAYOR LUND DECLARED THE JULY 14, 2003, CITY COUNCIL MEETING ADJOURNED AT 11:23 P.VL Respectfully submitted, Denise M. Letendre Recording Secretary Scott J. Lund Mayor � � AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 11, 2003 GTY OF FRIDLEY Date: August 7, 2003 To: William Burns, City Manager��f�' From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: 2nd Reading of Ordinance To Repeal Ordinance #1175 M-03-114 INTRODUCTION Tim Sylvester Builders, Inc., former owner of 5541 5th Street, successfully sought to have the City declare excess, an unused portion of City right of way (ROW) located immediately south of his property. Tim Sylvester failed to meet the conditions for sale in the required timeframe and recently sold the p�operty at 5541 5"' Street to Tradition Homes. Tradition Homes is seeking to purchase the portion of unused ROW previously declared excess. In order for Tradition homes to move forward, the existing ordinance authorizing the sale of the property to Tim Sylvester must be repealed. STAFF RECOMMENDATION Staff recommends the Council hold the second reading of an ordinance to repeal Ordinance #1175, originally adopted March 24, 2003. �� / AGENDA ITEM � C1TY COUNCIL MEETING OF JULY 28, 2003 CfTY OF FRIDLEY Date: July 23, 2003 To: William Burns, City Manager From: Scott Hickok, Community Development Di�ector Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject� 1� Reading of Ordinance To Repeal Ordinance #1175 M-03-102 INTRODUCTION . , Tim Sylvester Builders, Inc., former owner of 5541 5th Street, successfully sought to have the City declare excess, an unused portion of City right of way (ROW) located immediately south of his property. Tim Sylvester failed to meet the conditions for sale in the required timeframe and recently sold the property at 5541 5th Street to Tradition Homes. Tradition Homes is seeking to purchase the portion of unused ROW previously declared excess. City Attorney Knaak had indicated to Staff that it is necessary for the Council to pass a resolution repealing the previous ordinance declaring the property excess and authorizing the sale to Tim Sylvester Builders. The City Attorney stated that this could be done just prior to holding the first reading of the ordinance to authorize the sale of the property to the new owner, Tradition Homes. STAFF RECOMMENDATION Staff recommends the Council hold the first reading of an ordinance to repeal Ordinance #1175, originally adopted March 24, 2003. 2 � ORDINANCE NO. A��I ORDI�1��iCE UNDER SECTION 12.06 OF THE CITY TO REPEALING ORDINANCE #1175 DECLARING CERTAIN REAI. ESTATE TO BE EXCESS A�:�1D AUTHORIZING THE SALE THEREOF. SECTION 1. Ordinance #1175, adopted March 24, 2003 declared real property excess, described as follows: That part of Lots 25 and 26, Block 7, Hamiltons Addition to Mechanicsville, 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 temunating. SECTION 2. The purchaser failed to effect the teansaction in the required timeframe and subsequently sold the property adjoining the City's. SECTION 3. That Ordinance #1175 is hereby repealed. PASSED AND ADOPTED BY THE. CITY COUNCIL OF THE CITY OF FRIDLEY TffiS OF _, 2003. ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: July 28, 20U3 ,� . Second Reading: ' � - ' Publication: �" • ' . 3 SCOTT J. LUND — MAYOR / AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 11, 2003 GTY OF FRIDLEY Date: August 7, 2003 To: William Burns, City Manager��C From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinato� Stacy Stromberg, Planner __ _... .. . -- Subject: 2nd Reading of Ordinance To Declare A Certain Parcel Of City Owned Real Estate Surplus And Authorize The Sale Thereof M-03-115 INTRODUCTION Jay Windschitl of Tradition Homes, inc., new owner of 5541 5th Street, has requested that the City approve a new ordinance declaring the property abutting his as excess and authorizing sale of the parcel to Tradition Homes. . . .._.._ ___ . _ _..... . STAFF RECOMMENDATION Staff recommends the Council hold the second reading of an ordinance to deem this property excess and authorize the sale of this property to Tradition homes 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 pravide the new�lega{ description of the properly 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 December 1, 2003. _ 4_ _ ORDIN�r CE NO. ��i ORDI��I:�NCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARI:�1G CERT�►IN REAL ESTATE TO BE SURPLUS A:YD AUTHORIZING THE SALE THEREOF. SECTION l. 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 Mechanicsville, Anoka County, Minnesota, lying Northerly of the followinQ 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 comer 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 Mayor 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 ritle. • Parcel be combined with Purchaser's e}cisting 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 pernuts. • The sale shall be effective by December 1, 2003. PASSED AND ADOPTED BY TI3E CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF- , 2003. ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: July 28, 2003 Second Reading: Publication: 5 SCOTT J. LUND — MAYOR CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 16, 2003 CALL TO ORDER: Chairperson Savage called the July 16, 2003, Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Diane Savage, David Kondrick, Larry Kuechie, Dean Saba, Barb Johns Members Absent: LeRoy Oquist, Brad Dunham Others Present: Stacy Stromberg, Planner Michael and Denise Corbett, 1601 Rice Creek Road Jesse Collard, 1426 — 64th Avenue NE APPROVE THE JUNE 18 2003 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Johns, to approve the June 18, 2003, Planning Commission meeting minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP'#03-11, by Michael & Denise Corbett for a second accessory structure (garage), generally located at 1601 Rice Creek Road NE. MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Ms. Stacy Stromberg, Planner, stated the petitioners are requesting a special use permit to allow the construction of a 552 square foot accessory structure in the side yard of their residence at 1601 Rice Creek Road. The building will be used for storage of recreational vehicles and lawn equipment. Ms. Stromberg stated Section 205 requires a special use permit to allow accessory buildings other than the first accessory building over 240 square feet. It also requires that the total square footage of accessory structures not exceed 1,400 square feet. The total square footage of the existing garage, existing three-season enclosure, and the proposed accessory structure is 1,393 square feet, which is 7 square feet less than the total allowed by Code. Ms. Stromberg stated the proposed garage location meets all setback and lot coverage requirements. Ms. Stromberg stated City staff recommends approval of this special use permit with stipulations, as second accessory buildings over 240 square feet are a permitted special use in � PLANNING COMMISSION MEETING, JULY 16, 2003 PAGE 2 the R-1 zoning district. If the special use permit is approved, staff recommends the following stipulations: 1. The petitioner shall install Code-required hard surface driveway extension within 12 months of issuance of the building permit. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structure must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 7. A firewall shall be installed on the west wall of the proposed garage. Mr. Kondrick stated this is the first time he remembered the stipulation/requirement that they ensure there be firewall sheetrock inside the garage. He asked if it is because the garage is too close to the house? Ms. Stromberg replied that is correct. Mr. Kondrick asked the petitioners if they understood the stipulations. Mr. Michael Corbett, 1601 Rice Creek Road, stafed they understand the stipulations and have no problem with them. Ms. Savage asked if the City has received any comments from neighbors. Ms. Stromberg replied, no, they had not heard from any neighbors. Ms. Corbett stated they had talked to the neighbor whose house is going to be right next to the garage, and they don't have any issues with the garage. Mr. Kondrick asked when the petitioners put the driveway in for the garage, are they going to use the existing driveway and then do this one? Mr. Corbett replied, yes, and it will be concrete to match the existing driveway. The roof design will also be comparable to the house. MOTION by Mr. Saba, seconded by Mr. Kuechle,_ to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. Mr. Kondrick stated he has no problem with this special use permit request. Mr. Saba concurred. Ms. Savage stated it is in compliance with the Code, and she has no problem with it either. MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend to City Council approval of SP #03-11, with the following stipulations: fl PLANNING COMMISSION MEETING, JULY 16, 2003 PAGE 3 1. The petitioner shali install Code-required hard surface driveway extension within 12 months of issuance of the building permit. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structure must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 7. A firewall shall be installed on the west wall of the proposed garage. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this will be heard by City Council on July 28, 2003 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #03-12, by Jesse Collard, for a second accessory structure (garage), generally located at 1426 — 64`f' Avenue NE. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:41 P.M. Ms. Stromberg stated the petitioner is requesting the construction of a 994 square foot accessory structure in the side yard of his residence at 1426 — 64th Avenue NE. The building will be used for storage of recreational vehicles and lawn equipment. Ms. Strornberg stated Section 205 of the City Code requires this special use permit to allow accessory buildings, other than the first accessory building, over 240 square feet. It also requires that the total square footage of accessory structures not exceed 1,400 square feet. The total square footage of the existing garage is 245 square feet, and the total square footage of the proposed accessory structure is 994 square feet. The total of these two structures is 1,239 square feet which is 161 square feet less than the total allowed by Code. The petitioner also has a small storage shed in the rear yard of his property which will be removed upon completion of the proposed accessory structure. The proposed garage location meets all setback and lot coverage requirements. _ Ms. Stromberg stated staff recommends approval of this special use permit with stipulations as second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district. If the special use permit is granted, staff recommends the following stipulations: 1. The petitioner shall install Code-required hard surface driveway extension within 12 months of issuance of the building permit. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structure must not exceed 1,400 square feet. : PIANNING COMMISSION MEETING, JULY 16, 2003 PAGE 4 6. Garage shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 7. Petitioner shall remove storage shed in the rear yard of the property upon completion of the proposed accessory structure. Mr. Kondrick asked how much time does the City normally allow for somebody to make a garage or house compatible with each other? Ms. Stromberg stated it all depends on the situation and how comparable the new garage is going to be with the existing home. The petitioner had stated in his letter to the City that he wants to re-side the house and put in new windows when funds allow him to do that. She guessed she could check with the petitioner as to the color of the proposed garage and see how comparable it is and then come up with a timeline. Mr. Kuechle stated his concern is, and he believed the City's as well, that these additional accessory buildings don't downgrade the house. Ms. Savage asked Ms. Stromberg whether she had received any phone calls from neighbors or anyone nearby. Ms. Stromberg replied, no. Mr. Jesse Collard, 1426 — 64`h Avenue NE, stated as far as the siding goes he guessed he would just have to go with whatever timeline the City gives him. He needs a garage, because of all the clutter in his yard. Mr. Collard stated they painted the house last year, and they were going to go with a color that was compatible with that color — probably a tan — if iYs too far off, he would be willing to paint it again as he doesn't want to live with an eyesore either. He would appreciate a little bit of time for new windows and siding. He wouldn't like to get a big debt; he likes to pay for things as he does them. Ms. Savage asked the petitioner whether he had any problems with the stipulations. Mr. Collard stated the only stipulation he has a problem with is #1 regarding the driveway. He wasn't planning on parking any vehicles in the new garage right now, and his neighbor just built a garage across the street and he doesn't have a driveway to his. Right now, he would use the garage for lawnmowers, boats, and storing things, instead of parking his vehicle in it every day. Eventually he would probably like to put vehicles in there and at that time he would put in a driveway. He believed his neighbors had a stipulation for their garage addition that they did not need to put in a driveway until there is any sign of the grass being worn. Ms. Stromberg stated that in the past, staff has put a specific stipulation on special use permits, where the petitioner is requesting not to do the driveway at this time, stating that staff will inspect the property and, if they notice that it appears that a trail is going to the proposed garage and they are using it as a driveway, staff will require them to install a hard surface driveway within 90 days. That is something they have done in the past two years. If the Commissioners would like to change stipulation #1 to say that, that would be fine. Ms. Savage stated the petitioner cannot park any vehicles on the grass. �� PI.ANNING COMMISSION MEETING, JULY 16, 2003 PAGE 5 Ms. Stromberg stated that is correct. He can park vehicies in the proposed accessory structure but not on a regular basis. Mr. Collard stated if he did park a vehicle in that garage, he would not be taking it in and out all the time. It would be to get the vehicle off the slab he has in his backyard. Ms. Johns asked if the main purpose for this accessory structure right now is for storage. Mr. Collard stated that is right. Ms. Savage asked the petitione� that he understands of course if the situation changes, and he is using it as a driveway or he is parking vehicles on the grass, then he needs to have the hard surface. Mr. Collard stated he understand. Mr. Kondrick stated he wants to make sure that the petitioner coordinates the color of the garage with the house. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:53 P.M. Mr. Saba stated that stipulation #1 regarding the driveway should be changed. Ms. Stromberg read the stipulation they have used in the past, and the Commissions could decide if they would like the same wording: "Staff shall conduct regular inspections of the site. If at any time a trail simulating a driveway is present, a hard surface driveway, as approved by the City, will need to be installed within 90 days." Mr. Kondrick agreed with that rewording and asked if Mr. Collard was agreeable. Mr. Collard replied, yes. MOTION by Ms. Johns, seconded by Mr. Saba, to recommend to City Council approval of SP #03-12, with the following stipulations as amended: 1. Staff shall conduct regular inspections of the site. If at any time a trail simulating a driveway is present, a hard surface driveway, as approved by the City, will need to be installed within 90 days. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shatl not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structure must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 7. Petitioner shall remove storage shed in the rear yard of the property upon completion of the proposed accessory structure. 10 PLANNING COMMISSION MEETING, JULY 16, 2003 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this will go to City Council on July 28, 2003. 3. RECEIVE THE MINUTES OF THE JUNE 5. 2003. HOUSING AND REDEVEIOPMENT AUTHORITY MEETING. MOTION by Mr. Kondrick, seconded by Ms. Johns, to receive the Minutes of the June 5, 2003, Housing and Redevelopment Authority Meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the August 6 Planning Commission meeting has been canceled. ADJOURN MOTION by Mr. Kuechle, seconded by Ms. Johns, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE JULY 16, 2003, PLANNING COMMISSION MEETING ADJOURNED AT 7:55 P.M. Respectfully submitted, ` O� Denise M. Letendre � Recording Secretary 11 / � CIT1f OF FRIDLEY Date: To AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 11, 2003 August 6, 2003 William Burns, City Manager �~ � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Pianner Subject: Consideration of Revocation of Special Use Permit #01-06, by Dwayne and Dawn Myrvold, 554 Janesville Street M-03-112 INTRODUCTION Dwayne and Dawn Myrvold, properties owners of 554 Janesville Street were granted a special use permit on August 13, 2001, for a second accessory structure in excess of 240 square feet. Approval of their special use permit is contingent upon meeting all of the stipulations. The petitioners have failed to meet the stipulation that required a code required hard surface driveway be installed within 12 months of issuance of a building permit. A building permit was issued for the second accessory structure on September 4, 2001; therefore, a code required hard surface driveway needed to be installed by September 4, 2002. The second accessory structure has been completed, however the building permit has never been finaled. On November 17, 2003, we received a letter from Mr. an d Mrs. Myrvold re questin g an extension, stating that the hard surface driveway would be installed by June 1, 2003. Staff granted the extension. However, that date has since past and the driveway remains unpaved. STAFF RECOMMNEDATION City Staff recommends that the City Council set a public hearing for September 29, 2003 to consider revocation of special use permit, SP #01-06. 12 � AGENDA ITEM COUNCIL MEETING OF AUGUST 11, 2003 CRY OF FRIDLEY CLA1 MS 112657 -112878 13 � � GTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 11, 2003 LICENSES Type of License TEMPORARY FOOD MS Society- Cub Foods 250 57t" Ave NE Fridley, MN 55432 : Tl�ea Hoeg 14 Approved By: Public Safety Fire Inspector Fees: waived �>. #'�Q^�°�� . � � � i � City of Fridley AGENDAITEM City Council Meeting Of Monday, August 11, 2003 Electrical McCiish Electric Inc 1318 Carnelian St N Stillwater MN 55082- Gas Services Associated Mechanical Contr inc 1257 Marschall Rd PO Box 237 Shakopee MN 55379-0237 Practical Systems 4342B Shady Oak Rd Hopkins MN 55343- , General Contractor-Commercial E L Management Inc 1601 North Innsbruck Dr NE #240 Fridley MN 55432- Furniture Outlets USA 140 E Hinks Ln Sioux Falls SD 57104- Haglin C F� Sons Inc 3939 W 69 St Edina McGough Construction Co Inc 2737 N Fairview Ave St Paul MN 55113-1372 � Warren McClish Joseph Sand Jeff Klin Edward Luna David Baillie Tom Goering Richard Opitz 15 Approved BY: State of MN Ron Julkowski Building Official Ron Julkowski Building O�cial Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official 0 Generai Contractor-Residential All Elements Inc (20323540) 8335 Northern Dr Crystal MN 55427- Ilyas Construction Co (2015942) 17020 9 Ave N Plymouth MN 55447- � John Thurber Serge Vitoliy Kaufman Roofing (9324) 2521 24 Ave S Therese Herrera Minneapolis MN 55406- Kettle William W Contractor (20214153) 938 Dartmouth PI SE William Kettle Minneapolis MN 55414-3160 M J Construction (20233970) 8071 Ranchers Road NE Jeff Wald Fridley MN 55432- Northem Crest Inc (20098415) 7401 Central Ave NE Biil Olson Fridley MN 55432 One Way Remodeling Services (20141923) 2125 Brookdale Dr Jim Levens Brooklyn Park MN 55444- Sage Homes Inc (20324268) 4535 Trenton Cir Eric Stendahl Plymouth MN 55442- Vamo T 8� Son Builders (20244458) 1866 W Co Rd C2 Thomas Vamo Roseville MN 55113- ■ l�: Approved By: State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN ■ HeatinQ Associated Mechanicai Contr Inc 1257 Marschall Rd PO Box 237 Shakopee MN 55379-0237 Mobile Home Installer Tom's Manufactured Home Service � 7731 149 ln NW Ramsey MN 55303- Plumbinq 4th Generation Plumbing 578 Silver Lake Rd New Brighton MN 55112- Burn-O-Matic /Mooney 8� Ridler 2925 Garfield Ave S Minneapolis MN 55408-2107 Circle Plumbing Inc 3882 Edith Lane Circle Pines MN 55014 Corporate Mechanical Inc 5114 Hillsboro Ave N New Hope MN 5542& Dirtworks Inc (Pipelayer Only) PO Box 169 Cedar MN 55011-0169 Haas Plumbing & Heating Inc 4843 160 Ln NW - Andover MN 55304- . Hutton 8 Rowe Inc 2126 2 Ave Anoka MN 55303- � Joseph Sand Tom Pagel Chris Burkhardt Matt Romain Tim Schneider Mary Borns Steven Strandlund Cari Haas David Rowe � 7 Approved By: Ron Julkowski Building Official State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN Meyer Gordon A Plumbing 16740 Irondale Path Lakeville MN 55044 SAS Services inc 79AveS Hopkins MN 55343- Roofinq Walker Roofing Co 2274 Capp Rd St Paul MN 55114- Siqn Erector E L Management Inc 1601 North Innsbruck Dr NE #240 Fridley MN 55432- � Gordon Meyer Steve Swanson Stacy Reese Edward Luna �•� Approyed Bv: State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official � � AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 11, 2003 cmr oF ESTI MATES FRIDLEY Hardrives Inc. 14475 Quiram Drive Rogers, NN �5374-9461 2003 Street Improvement Marian Hills Project No. ST 2003 - 1 EstimateNo. 2 ............................................................................................. $192,170.86 Midwest Asphalt Corp. 5929 Baker Road, Suite 420 Minnetonka, NIN 55345 Hickory Drive Watermain Replacement Project No. 350 EstimateNo. 1 ............................................................................................. $ 55,750.51 19 . . � � . . ' � AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 11, 2003 G1Y OF FRIDLEY Date: 08/08/03 To: William Burns, City Mana�er �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: Continuation of Public Hearing for Review of Special Use Permit # 73-07 to Consider Revocation for Central Auto Parts, 1201 73 %2 Avenue, Fridley, MN. M-117-03 INTRODUCTI0�1 Staff scheduled the item for Council review and potential revocation of the special use and Council heard testimony on July 14, 2003 from both staff and the petitioner. At the hearing Counsel for Jerry Haluptzok submitted a plan for compliance. Council has held the hearing open allowing staff time to respond to the plan presented by Mr. Haluptzok. The purpose of this memo is to present a modified staff recommendation based on the new information provided. ELEMENTS FOR CONSIDERATION A detailea packet of the discussion between Central Auto Parts and Staff has been provided in your reading file. RECOMMENDATION Staff recommends that The City Council allow continuance of the operation of Central Auto Parts through allowing Central to retain its Special Use Permits for operation and to allow re-issuance of their license to operate as a Salvage Yard in the City of Fridley. This position is based on strict adherence to the stipulations of both their 1973 and 1982 Special Use Permits (modified as noted below), as well as elements of the plan submitted by Joseph G. Sedarski, Rider Bennett, on behalf of Central Auto Parts, dated July 17, 2003. And also, a caveat that a plan be submitted to the City and approved by our City Engineering staff assuring that all grading and drainage matters will be addressed in a manner and timeframe agreed upon by the City staff (timeframe embedded in Council's reading file materials delivered with packet). � Rp f�� E ` CR7 OF FRIDLEY Date: 08/08/03 r�� ,; ei `� � / � `�' � � Y � ` . • : ,. � _ AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 11, 2003 � To: William Burns, City Manager � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: Reading File Supplement Regazding Continuation of Public Hearing for Review of Special Use Permit # 73-07 to Consider Revocation for Central Auto Parts, 1201 73 %2 Avenue, Fridley, MN. M-117-03 INTRODUCTION Staff scheduled the item for Council review and potential revocation of the special use and Council heard testimony on July 14, 2003 from both staff and the petitioner. At the hearing Counsel for Jerry Haluptzok submitted a plan for compliance. Council has held the hearing open allowing staff time to respond to the plan presented by Nlr. Haluptzok. The purpose of this memo is to present a modified staff recommendation based on the new information provided. It is staff's recommendation that The City Council allow continuance of the operation of Central Auto Parts through allowing Central to retain its Special Use Permits for operation and to allow re-issuance of their license to operate as a Salvage Yard in the City of Fridley. Justification of this position is given in the body of this report. ELEMENTS FOR CONSIDERATION Central Auto Parts has 2 Special Use Permits that apply to their property. These permits each had stipulations, which are listed as follows: 1973 Special Use Permit Stipulations 1.Building will be metal with brick veneer 2.Timetable for improvements should be submitted by the applicant and improvements to the property to be within one year after the street was improved (should be modified to state, Timetable for improvements should be in accordance with staff schedule , � , h . . . +l s � �" outlined in the minutes of the August 11, 2003 meeting and this report dated August 8> ?003) 3.Drainage problem will be taken care of 4.The fence shall be improved by being painted and uniform in size (could be combined with stipulation #3 of 1982 S.ti.P. thereby eliminating the need for this stipulation) 5 No cars should be piled higher than the fence 6.No cars will be outside the fence 7.Licensin� will be needed and the applicant to meet requirements of license procedure. 1982 Special Use Permit Stipulations 1.Special Use Permit granted to the business for 3 years (not a legal stipulation, S.U.P. to run with land unless revoked, Therefore, stipulation should be removed) 2.Driveways or limited access be authorized onto 73 1/2 Avenue 3.Solid screening fence be placed completely around property 4. Additional landscaping be placed along the screening fence on 73 %2 Ave (work with staffl. S.Concrete driveways extending a minimum of 10 feet beyond the screening fence into property from the street. 6.A surface drainage plan be developed to ensure protection of Norton Creek of pollution and contamination. 7. At the time of construction, consider underground sprinkling, driveways, and parking to comply with our Zoning Code requirements Joseph G. Sedarski, Rider Bennett represents Jerry Haluptzok, Central Auto Parts and has indicated the following information (italicized): As indicated at the .Iuly 14, 2003 public hearing, Mr. Haluptzok has completed almost all of the items listed in the June 6, 2003, Staff memorandum: ■ No salvage vehicles are stored, and will be allowed to be stored, outside the fErtce at Central Auto Parts, and no salvage vehicles are stoYed, and will allow to be stored, in the customer/employee parking lot at the facility; ■ No crushed or uncrushed salvage vehicles are stored, and will not allow to be stored, higher than the fence within the fenced area at'the facility; ■ Most of the uncrushed salvage vehicles stored in the yard that previously contained fluids have been drained of all fluids and other hazardous materials have been removed from these same salvage vehicles. Approximately 300 of 400 salvage vehicles were processed in the past several weeks. The remaining approximately 100 ve�iicles will be processed by the end of this week. Mr. Haluptzok now on�y accepts, and he will continue to only accept, the number of vehicles he can process within a week. He selectively chooses whieh vehicles Eo accept, thus eliminating the need to store unprocessed vehicles in,! the yard for significant amounts of time. Mr. Halzcptzok may also have an opportunity , r , , , to store z�nprocessed vehicles on a paved sa�rface located adjacent to his yard; ■ Spent lead-acid batteries have been, and will continue to be, removed from salvage vehicles as soon as the salvage vehicles are brought into the facility. {The batteries are tested to determine if they are in good condition for resale or, if not, they are recycled. Resale batteries are cleaned up and stored indoors until they are sold. Recycled batteries are placed in a special container indoors until they are picked up for off-site disposal�; ■ Documentation for disposal of used oil, spent lead-acid batteries, Freon, petroleum (diesel and gasoline), antifreeze, used solvent, and radiator boil tank sludge is maintained by Central Auto Parts and has been made available for inspection by Anoka County Community Health and Environmental Services Department personnel. These documents are also available to other applicable regulatory agencies. Mr. Haluptzok has discussed with Anoka County submission of waste manifest documentation to the proper parties. We have determined that Mr. Haluptzok is required to submit manifests to the Hennepin County, via the Metro Manifest and Collection Postal Drop ("MMCPD'), which is a recent change (the Minnesota Pollution Control Agency usecl to be the regulatory agency that maintained the hazardous waste management database and distribution). Reporting forms with the proper address are given to Mr. Haluptzok by Anoka County. Mr. Haluptzok uses these forms in reporting his hazardous waste. The MMCPD then enters this information in their database and forwards a copy to Anoka Counry. According to Anoka County, Mr. Haluptzok is complying with these requirements since it was not indicated in their last inspection. If there are any other reporting requirements that need to be addressed at this time, Mr. Haluptzok will cooperate as needed. Current Phvsical Improvements and Best Management Practices at the Propertv Mr. Haluptzok maintains a Minnesota Dealer License (from the MN Dept. of Public Safety — parts dealer), a hazardous waste generator license from Anoka County Community Health and Environmental Services Department, a Storm Water Permit from the Minnesota Pollution Control Agency, and the Fridley business license and Special Use Permit. As required by some of these permits, Mr. Haluptzok has installed several physical improvements on the site in order to be in compliance with permit requirements and to meet best management practices for operation of this business. These include: 1. Constructing a concrete containment pad with secondary containment to store containers that are filled with flacid wastes from salvaged vehicles; 2. Constructing a concrete pad beneath the vehicle crusher located at the site; ' 3. Constructing several salvage vehicle dismantling racks used for removing fluids, other materials, ancl parts frorn the salvage vehicles prior to storing the vehicle in the yard at the site; and 4. Constructing a concrete containment pad beneath the dismantling racks. Citv ofFridlev Plannin� Division SUP Stipulations and New Conditions The following is a listing of stipulations proposed by Staff for issuance of the SUP, which were formerly a part of the original SUPs. We discuss each of the 12 form�er stipulations and indicate which stipulations we are in agreement with and which may need additional clarification. 1. Building will be metal with brick veneer. The building is metal with a brick fa�ade on the front side (toward 73 � Avenue NE). The brick is from the ground to approximately 3-4 feet high. The remaining portion of front is metal. The sides and b�zck are metal, but not highly visible from the street. Clarify Staff recommendations for this Stipulation. Note: During the July14, 2003 Public Hearing, Staff indicated that the existing brick fa�ade meets with this requirement. Presumably, this stipulation will not need to be included in the re-issued SUP. Staff Response: This stipulation has been met by the current building, but should remain as a stipulation since the S.U.P. runs with the land and any future building would need to meet these requirements as well. 2. Applicant should submit timetable for improvements and improvements to property were to be completed within one year after street_ was improved. Clarify Staff recommendations regarding which improvements this now refers ta ', Note: During the July14, 2003 Public Hearing, Staff indicated that the one year timetable applies to Staffs proposed stipulations, and not related to improvement of the street. It should be noted that 73 '/z Avenue NE, the road south of the property, is currently paved with curb and gutters. Mr. Haluptzok reserves the right to negotiate with Staff on specific timeframes to complete the stipulcttions that are ultimately agreed upon. ' Staff Response: Further analysis points to having the storm water management plan approved by the City Engineer by Api-il 2004. If coordinated effort fails, each property owner will'; be dealt with individually, but Central Auto Parts (and its Property owner) . � . , . . must still have an approved grading and drainage plan (be it coordinated or individual to the Central Auto Parts site) by :�pril l, 2004. Once that plan is approved, the pond must be installed in accordance with the plan and a hard-surfaced (traditional asphalt or concrete) area with curb and gutter will be required to be installed throughout outdoor storage area by April 1, 2005. All landscape, irrigation, fence improvements etc. must be completed by June 15 2004. 3. Drainage problem will be taken care of. Clarify with City Staff. We understand that 73 '/_� and 73 Avenues both flood in the low spots during heavi,� rains. If we add pavements at our property, we will be adding storm water runoff to the City storm sewer system, which already may be overloaded or undersized. Agree that we need to determine the nature of the drainage problem first, and then look at possible solutions and timeframe for implementing. Note: During the July14, 2003 Public Hearing, Staff indicated that the drainage problem referenced in this stipulation refers to previous storm water drainage issues, but it applies to current problems with storm water management at the property. Mr. Haluptzok agrees to work with City Staff to determine the nature of storm water runoff, drainage, and related issues, and to install site improvements that are mutually agreeable to the City and Mr. Haluptzok. Staff Response: Further analysis points to having the storm water management plan approved by the City Engineer by April 2004. If coordinated effort fails, each property owner will be dealt with individually, but Central Auto Parts (and its Property owner) must still have an approved grading and drainage plan (be it co�,rdi�ated or individua� t� t�,e ��nt�-a1 Anto Pa�rts site) by April 1, 2004. Once that plan is approved, the pond must be installed in accordance with the plan and a hard-surfaced (traditional asphalt or concrete) area with curb and gutter will be required to be installed throughout outdoor storage area by April 1, 2005. All landscape, irrigation, fence improvements etc. must be completed by June 15 2004. 4. No cars should be piled higher than the fence. We agree to this — fence is 8' high now. Note: Mr. Haluptzok agrees to comply with this. S. No cars (except employee and customer cars in operational condition parking in areas to be stripped and designated as employee%ustomer parking) will be outside the fence. We agree to this. We will put up signs to this effect and strip the parking lot, as required. Note: Mr. Haluptzok agrees to comply with this. He requests that the Ciry provide him with any ' guidance or specifications on signage, stripping, and any associated City permitting, if necessary. 6. Drivewavs or limited access be authorized onto ' 73rd Avenue. There is no access to property off of 73'd Avenue. Clarify with City Staff that this should be 73 '/_� Avenue. Note there are three access points with gates off of 73 % Avenue: one past parking area on east side; one to paved holding lot in middle of prop�rty (currently not used b}� Central Auto Parts, ba�t may be if able to store incoming salvage cars on paved surface); and one or� west side. Staff Response: This is meant to refer to the access to 731/2, not 73�d. The 3 access points that currently exist are the maximum number that will be permitted. Two of these are for the Central Auto Parts operation; the third is for the Glass Company access. 7. Note: During the July14, 2003 Public Hearing, Staff indicated that the correct street is 73 `/z Avenue. Mr. Haluptzok agrees to this stipulation. 8. Solid screening fence be placed completely around property (and maintained in excellent condition). Agree to upgrade fence and gates within otte year. Mr. Haluptzok plans to replace the screening/chain link portion of the fence and the gates, and will discuss these plans with you when we meet. 9. Additional landscaping be placed along the screening fence on 73 '/z Avenue (wnr.k wiih Sta, ff). Agree to work, with Staff to install additional 'landscaping at exterior part of fencing along 73 % Avenue NE. Note: During the July14, 2003 Public Hearing, Staff clarified that the additional landscaping will be required on the inside of the screening fence, and not on the outside of it, on the outside of a new curb and gutter. Mr. Haluptzok agrees to discuss this requirement further with Staff to determine more exact parameters for this stipulation, since our proposal for site improvements within the yard do not include paving or curb and gutters. Staff esponse: A landscape plan should be submitted. The area to be landscaped will be the area that is not hard-surfaced. The plantings outside the fence can and should be installed as soon as possible. Inside of the fence the plantings and ground cover ould await the installation of curb, gutter and approved hard surface. This way the will not be disrupted in the process of further improving the site as required. 10. Concrete driveways extending a minimum of 10 feet beyond the screening fence into propertv from the street. All three access roads into the properry are paved (two are concrete and one is asphalt). The east access road extencls beyond the screening fence over 100 feet into the yard; the rrciddle access road extends into the paved holding lot in the middle of the site; and the west access road extends at lettst 10 feet inside the screening fence. If necessary, work with Staff to determine if any of the access roads need to be extended or upgraded. . Note: 1�Ir. Hala�ptzok agrees to inspect each of the access driveways to determine material composition of each of the driveways, the condition of each, and confirm the extent to which the driveways enter into the property. This information will be given to Staff for possible further determinations. 11. A surface drainage plan be developed (and approved by Staf� to ensure protection of Norton Creek of pollution and contamination. Agree to work with Staff in determining nata�re of drainage problem and possible solutions to correct them, and prepare a drainage plan in accordance with this assessment. Note: Mr. Haluptzok agrees further discuss the nature of storm water issues and possible solutions toward improving both runoff storm water qualitv and flow matters. Staff Response: Further analysis points to having the storm water management plan approved by the City Engineer by April 2004. If coordinated effort fails, each property owner will be dealt with individually, lbut C��trat A�ta P�rts (and its Property �yvner) must still have an approved grading and drainage plan (be it coordinated or individual to the Central Auto Parts site) by April 1, 2004. Once that plan is approved, the pond must be installed in accordance with the plan and a hard-surfaced (traditional asphalt or concrete) area with curb and gutter will be required to be installed throughout outdoor storage area by April 1, 2005. All landscape, irrigation, fence improvements etc. must be completed by June 15 2004. 12. At the time of construction, consider underground sprinkling, driveways, and parking to comply with City Zoning Code requirements. * Agree to work with Staff in determining drainage solutions and alternatives to paving the entire yard where processed salvage cars are parked. See our proposal below. Note: Mr. Haluptzok agrees to identify the true nature of storm water management issaies at the property, but he does not now Staff agree to install paving, curb and gutters, and interior landscaping, as recommended by Staff. Mr. Haluptzok does want to work with Staff on mutuallti• agr-eeable solution to storm water management concerns. Further analysis points to having the storm water management plan approved by the City Engineer by April 2004. If coordinated effort fails, each property owner will be dealt with individually, but Central Auto Parts (and its Property owner) must still have an approved grading and drainage plan (be it coordinated or individual to the Central Auto Parts site) by April 1, 2004. Once that plan is approved, the pond must be installed in accordance with the plan and a hard-surfaced (traditional asphalt or concrete) area with curb and gutter will be required to be installed throughout outdoor storage area by April 1, 2005. All landscape, irrigation, fence improvements etc. must be completed by June 15 2004. 13. Licensing will be needed and the applicant to meet requirements of license procedure. Agree to follow licensing procedure and note that Mr. Haluptzok made a timely application for the Special Use Permit renewal this past year. Clarify if there are any other requirements not discussed above. Note: Mr. Haluptzok agrees to follow licensing requirements. Staff I7�equirements: This stipulation means following both the City and County licensing requirements, as well as, any other State or Federal requirements that apply to an operation such as this. We understand that Planning Staff will also require Mr. Haluptzok to pave the entire salvage yard, install a gutter around the yard, construct storm sewer grates and tie-ins to the storm sewer system, install landscaping around the paved area, install in-ground irrigation lines around the perimeter of the paved area, and upgrade the fence and gates at the site, in addition to all of the previous stipulations indicated in the past Special Use Permits, to all be completed within one year. As indicated above, Mr. Haluptzok proposes to address site grading and drainage issues related to storm water management, however, at this time he will not agree to install pavement and curb and gutter at the yard at the property. Regarding Staffs additional paving/sewer/landscape/fencing additional requirements, Mr. Haluptzok would like the City Council to consider the following proposal: ■ Upgrade and maintain the fence around entire yard and the three gates. Fencing and gate upgrades to be completed within one year. , , . � , , . ■ Install and maintain additional landscaping along 73 '/_� Avenue in front of the facility at the site outside the fenced area, at the direction of Staff. Complete within one year. ■ Aoree to park in-coming salvage vehicles on a pczved surface until the fluids and other hazardous materials are removed. Process in-coming vehicles tivithin one tiveek of arriving at the site. Once the fluid and battery is removecl, stage the salvage vehicles neatly in the yard, as described below. ■ Work with City Staff to determine storm water runoff issues and possible solz�tions to management storm water. Consider grading of storage yard to improve site drainage and to provide protection of storm water discharge to watershed. Consider installing Recycle Asphalt Product ("RAP') throughout the yard within a reasonable timeframe. The timeframe would depend upon the agreed to site improvements, impact on site operations, financing, and time of the year. Work with Staff to determine speczfications for grading and drainage plan, as well as possible installation of new storm water management options. Also work with Staff in deciding the possible use of infiltration and sedimentation basin(s), sediment traps, oil/water separators, and/or stilling basin(s), prior to discharge of storm water to the City storm sewer system. Complete within a reasonable time after assessment and selection of solution. ■ Upon approval of Staff, prepare and implement a site-specific storm water management plan reflective of the above changes. Complete in conjunction with the above. ■ Agree to all applicable former stipulations after we have reviewed with Staff, and provided they are not inconsistent with above proposcal. . Our reasons for this proposal are based on practicalities and expense. We understand that City Code requires hard surfacing of parking lots, driveways, alleys, etc. However, the salvaged vehicles that are stored in the yard will not contain any fluids or other hazardous materials. There can be no spill or leak from these vehicles, and therefore the need for a paved surface is not very practical. Furthermore, incoming vehicles with fluids and hazardous materials will be stored on a paved, protected surface, so that if there is a spill, it will be contained and readily accessible to clean up. Additionally, locations where the fluids and other hazardoa�s materials are removed from the vehicles are contained and protected, so again any leak or spill is readily accessed for cleanz�p. Similarly, crushing is also conda�cted on a contained surface. The salvage vehicles are moved around the site with a front-end loader and other heavy eqa�ipment. Tow tr-accks and semi-tractor trailers regularly enter and leave the yard. These activities are harsh on paved surfaces and will quickly tend to tear it up, thus makirzg it a hazard for facility operators and difficult to maneuver around the site. Preliminary costs for grade and drainage plans, grading, paving, gutters, and sewer lines range from czpproximately $100, 000 to $1 S0, 000. Costs for the landscaping, in-groacnd irrigation, fencling and gates have not been evaluated at this time, although total costs for all of Staff recommendations may be well above $200, 000. �ls indicated above, the benefit from paving/sewering the entire yard relative to the cost to clo so do not seem very practical, given the salvage vehicles that are stored in this area do not contain fluids or other ha�ardous materials which could spill onto the ground, and the best management practices in place at the site. Alternatively, installation of a RAP surface will provide several benefits relative to the cost to install this material: 1) it will provide a relatively dust free surface of yard operation (dust could further be controlled through the use of environmentally safe materials); 2) it will provide a much more practical and safe working surface for moving salvage vehicles around; 3) assuming proper grading, it will assist in preventing sediments from entering the storm sewer system or watershed (provided that sedimentation control is also installed); 4) it will be more economical to install; S) it will allow the property owner and/or Mr. Haluptzok the abiliry to install this work sooner rather than later; and 6) it will allow Mr. Haluptzok the ability to regularly maintain the surface. The hard surface requirements along with grading and drainage plans will need additional time. As it turns out 4 properties (Mobile Home Park, Grinding operation on Central, Fridley Auto Parts, and Central Auto Parts) share in the surface water run-off problem. Also, The Central Auto site will not be relieved of the hard-surface parking requirem.ents. And the suggested recycled surface materials will not meet the requirements. However, due to the necessity of having 3 other properties surrounding this property coordinate on storm-water management, prior to installing new hard surface, staff suggests allowing time for Central Auto Parts, Jerry Haluptzok and John Busick to coordinate with those properties to create a regional pond, to be shared by the 4 properties. This pond will likely be created on the north property line of the Central Auto Parts site. Once the ponding is in place, a114 properties will be required to share in the improvement costs for the pond, share in the on-going maintenance of the pond, and then to pave their sites to assure their Code compliance. Further analysis points to having the storm water management plan approved by the City Engineer by April 2004. If coordinated effort fails, each property owner will be dealt with individually, but Central Auto Parts (and its Property owner) must still have an approved grading and drainage plan (be it coordinated or individual to the Central Auto Parts site) by April l, 2004. Once that plan is approved, the pond must be installed in , _ - . - � . . • , accordance with the pian and a hard-surfaced (traditional asphalt or concrete) area with curb and �utter will be required to be installed throughout outdoor storage area by April 1, 2005. All landscape, imgation, fence improvements etc. must be completed by June l� 2004. RECO�IrIENDATION Staff recommends that The City Council allow continuance of the operation of Central Auto Parts throu�h allowing Central to retain its Special Use Permits for operation and to allow re-issuance of their license to operate as a Salvage Yard in the City of Fridley. This position is based on strict adherence to the stipulations of both their 1973 and 1982 Special Use Permits (modified as noted above), as well as elements of the plan submitted by Joseph G. Sedarski, Rider Bennett, on behalf of Central Auto Parts, dated July 17, 2003. And also, a caveat that a plan be submitted to the City and approved by our City En�ineering staff assurin� that all grading and drainage matters will be addressed in a manner and timeframe agreed upon by the City staff (listed above). 1973 Special Use Permit Stipulations l.Building will be metal with brick veneer 2.Timetable for improvements should be submitted by the applicant and improvements to the property to be within one year after the street was improved (should be modified to state, Timetable for improvements should be in accordance with staff schedule outlined in the minutes of the August 11, 2003 meeting and this report dated August 8, 2003) 3.Drainage problem will be taken care of 4.The fence shall be improved by being painted and uniform in size (could be combined with stipulation #3 of 1982 S.U.P. thereby eliminating the need for this stipulation) S.No cars should be piled higher than the fence 6.No cars will be outside the fence 7.Licensing will be needed and the applicant to meet requirements of license procedure. 1982 Spec�al Use Permit Stipulations 8.Special Use Permit granted to the business for 3 years (not a legal stipulation, S.U.P. to run with land unless revoked, Therefore, stipulation should be removed) 9.Driveways or limited access be authorized onto 73 1/2 Avenue lO,Solid screening fence be placed completely around property 11. Additional landscaping be placed along the screening fence on 73 %2 Ave (work with staf fl. 12.Concrete driveways extending a minimum of 10 feet beyond the screening fence into property from the street. 13.A surface drainage plan be developed to ensure protection of Norton Creek of pollution and contamination. 14. At the time of construction, consider underground sprinkling, driveways, and parking to comply with our Zoning Code requirements 1973 Special Use Permit Stipulations 1.Buildin� will be metal with brick veneer 2.Timetable for improvements should be submitted by the applicant and improvements to the property to be within one year after the street was improved (should be modified to state, Timetable for improvements should be in accordance with staff schedule oi�tlined in the minutes of the August 11, 2003 meeting and this report dated August 8, 2003) 3.Drainage problem will be taken care of 4.The fence shall be improved by being painted and uniform in size (could be combined with stipulation #3 of 1982 S.U.P. thereby eliminating the need for this stipulation) S.No cars should be piled hi�her than the fence 6.No cars will be outside the fence 7.Licensing will be needed and the applicant to meet requirements of license procedure. 1982 Special Use Permit Stipulations 2.Special Use Permit granted to the business for 3 years (not a legal stipulation, S.U.P. to run with land unless revoked, Therefore, stipulation should be removed) 3.Driveways or limited access be authorized onto 73 1/2 Avenue lO.Solid screening fence be placed completely around property 1 l. Additional landscaping be placed along the screening fence on 73 %z Ave (work with staf fl. 12.Concrete driveways extending a minimum of 10 feet beyond the screening fence into property from the street. 13.A surface drainage plan be developed to ensure protection of Norton Creek of pollution and contamination. 14. At the time of construction, consider underground sprinkling, driveways, and parking to comply with our Zoning Code requirements 21 . . TO: FROhi: DATE: SL� BJECT AGENDA ITEM CITY COUNCtL MEETING OF AUGUST 1'1, 2003 � William W. Burns, City Nianager i��V � � � Jon .I-� Haukaas, Public Vb'orks Director Layne Otteson, :�ssistant Puh�ic Works Director August 7, 2003 Continued Public Hearmg on AIley Pavmg Project No. ST. 2003 - 3 PW03-073 This project paves the last g�ravel surfaced alteys in the City. Assessments wi]] cover 100°� of the cost for this project. Assessments are being evaluated by two methods: equal cost to each property invobed or clivided as a price per foot for the width of each lot abutting the alley. The public hearing for the Attey Paving Project No. ST. 2003 - 3 was set by the City Council at their Jzzne 9, 2003 meeting for June 23, 2Q03 and contmued to the July 1�, 20�3 and August 11, 2003 meetmgs. .As a resutt of the discussions at these publie hearings, we have received petitions fiom residents aIong the alteys off East River Road requesting parriat vacations of their alleys. It would be appropriate to officiaIly mceive these petitions by the City CounciL Staff can then mitiate the proper procedures to camplete this process. I?ue ta the stated intentions of the residents to request partial alley vacations, Councilman BiI�ings directed staff to remove these East River Road aIleys from the project. The revised project plans and resoiutions reflect this directive. LO/JHH:cz 22 � \ ,�, �� PETITION TO VACATE ALLEY We the residents of 62 �z Way and 63`� �Vay request the Ciry Council vacate the alley on our block except the west 140 feet. ��x ; ',: ,a�� % ry . Q� fU � � � � Q �G v� � � i11 �� -A W - F-� V , 1_"'� F� t > pno� .�an�� .s�3 � N o � �� 0 o �� x � v N r n � V , � � � .. � � �; � �� .^ � X W �� -�1 � Z I� _�r: o v �o O �� v -+ �� x �� n 0 � � � � r�� O � r.� � � anuand uo��sd V' W � Q. � Q `� PETITION TO VACATE ALLEY We the residents of 62 Way and 62 �z Way request the City Council vacate the central portion of our alley �om 60 feet east of the East River Road right-of-way to 1S0 feet west of the Ashton Avenue right-of-way. PETITION TO VACATE ALLEY We the residents of 62 Way and 62 � Way request the Ciry Council vacate the central portion of our alley �om 60 feet east of the East River Road right-of-way to 150 feet west of the Ashton Avenue right-of-way. Name �x Address Phone Number Signature I � 63rd Way 120 80 65 95 96 6255 45 43 15 11 62 1/2 Way b�nd Way AGEHDA iTEM CiTY COUNCIL MEETING OF AUGUST 11, 20�3 . . i._ �. a �C� TO: William W_ Bums, City Manager � PW03-074 FROM: 7on'l�Haukaas, Public Works Director Layne Otteson, Assistarn Public Works Director DATE: August ?, 2003 SUBJECT: Resohrtion Ordering Final Plans for Alley Paving Project No. ST 2003 - 3 The attached resohrtian officially arders the creation of final plans and specifications for the Alley Paving Project No. ST 2003 - 3_ During the public hearing for this groject on July 14, 2003, Councilman Billings directed sta� to remove the two East River Road alleys from the project as a resutt of residerrts intention ta request partiai vacation of those alleys. The revised plans and cost estimate re8ect this direction. Recommend the City Council adopt the attached resolution ordering the final plans and specifications for the Alley Paving Project No. ST 2Q03 - 3. LOfJHH:cz Attachmerrt 23 RESOLUTION N0. - 2003 A RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: ALLEY PAVING PROJECT NO. ST. 2003 - 3 WHEREAS, Resolution No. 25 - 2003 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No. 26 - 2003 receiving the preliminary report and _ called for a public hearing on the matter of the construction of certain improvements fcr this project, and WHEREAS, a public hearing was held on June 23, 2003 and continued to July 14, 2003 and August 11, 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: l. That the following improvements proposed by Council Resolution 25 -2002 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Al1ey improvements including grading, stabilized base and hot-mix bituminous mat. 2. 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. 3. 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 11TH DAY OF AUGUST, 2003. Attested: DEBRA A. SKOGEN - CITY CLERK 24 SCOTT J. LUND - MAYOR AGENDA iTEM CiTY COUNCIL MEETING OF AUGUST 11, 2003 . .- ., TO: Williarn W. Burns, Cit3' Managef •`�` PW03-075 .� FROM: Joa��i: Haukaas, Public Works Director • Layne Otteson, Assistant Public Works Director DATE: August 7, 2003 SUBJECT: Resalution Receiving Final Ptans for Aliey Paving Project No. ST. 2003 - 3 The attached resotution o$'icially receives the final plans and specifications for the Atley Paving Projeci No_ ST. 2003 - 3. During the public hearing for this project on July 14, 2003, Councilman Billings tiirected staff to remove the two East River Road alleys from the project as a result of residents interrtion to request partiaZ vacation of those alleys. The revised plans and cost estimate reflect this direction. Recommend the City Council adopt the attached resolution receiving the final plans and specifications for the Alley Paving Project No. ST. 2003 - 3. LO;JHI3:cz Attachment 25 RESOLUTION NO. - 2003 RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTES BE OBTAINED: ALLEY PAVING PROJECT NO. ST. 2003 - 3 WHEREAS, Resolution No. 25 - 2003 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No. 25 - 2003 receiv�d the preliminary engineering report and set a public hearing for the improvements in this project, and WHEREAS, a public hearing was held on June 23, 2003 and continued to July 14, 2003 regarding this project, and WHEREAS, Resolution No. - 2003 ordered final plans and estimates of costs for this project. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following imProvements proposed by Council Resolution No. 25 - 2003 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Alley improvements including grading, stabilized base and hot-mix bituminous mat, and other facilities located as follows: Between Arthur St and Anoka St from Mississippi St to 66t`' Ave That the work involved in said improvements as listed above shall hereafter be designed as: ALLEY PAVING PROJECT NO. ST. 2003 - 3 2. The plans and specifications prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby approved and shall be filed with City Clerk. 26 � � Resolution No. - 2003 Page 2 The Director of Public Works shall obtain quotes from contractors for this work and present the lowest responsible contractor's quote to the City Council for award. The estimated project costs are well below $S0, 000. 00. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF AUGUST 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR � �7 ■ rn�r of Hta.�r TO: FROM: DATE: SUBJECT AGENDA iTEM CiTY C�UNCIL MEETlNG OF AUGUST 11, 2003 C� William W. Burns, City Manager �'�i Jon FC�Haukaas, Public Works Director August 7, 2003 Change Order No. 1 to H�ickory Street Watermain Project Adding Alley Paving P'roject Na ST_ 20Q3 - 3 PWQ3-076 We have received three quotations from comractors to perform the work associated with the Alley Paving Project No. ST. 2003 - 3_ The quotes ranged from $37,2I3_50 to $68,287.40. The Engineer's estimate for the project was $41,478.80. The lowest quotation was from Midwest Asphalt Corporation which is currernly under cornract with the City of Fridley to construct the Kickory Street Watermain Replacement Project No. 350. During the public hearing for this project on July 14, 2003, Councilman Billings directed staff to remove the two East River Road alleys fram the project as a resuh of residents irnention to reyuest partial vacation of those alleys. The revised plans and cost estimate reflect this direction. As a resuit of this change, we negotiated prices with 11Tdwest Asphah Corporation based on the reduced project scoge and are satisfied that these aze fair and reasonable costs. Recommend the City Council approve Change Order No. 1 to the H'ickory Street Watermain Project adding the cost to �rform the work under Project No. ST. 2(K?3 - 3 Alley Paving to the contrad in the amount of $18j 102.50. h3H:cz : CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSTTY AVENtJE N.E. FRID�,EY, MN 5�432 August 11, 2003 Midwest Asphalt Corporation 5929 Baker Road Ste 420 Minnetonka MN 55345 SUBJECT: Change Order No. 1, Hickory Watermain Rep�acement, Project No. 350 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Hickory Watermain Replacement Project No: 350 by adding the following work: Addition: Item 1 Mobilization 2 Traffic Control 3 Subgrade Excavation (I.� 4 Setected Topsoil Bonow (L� 5 Subgrade Preparation 6 Aggregate Base - Class 5 7 Type 31 Base Course Mixture (w/oil) 8 Sodding, Type Lawn 9 Sawcut Bituminous Driveway 10 Sawcut Concrete Driveway 11 Remove & Replace 2.5" Bituminous Driveway 12 Remove & Replace 6" Concrete Driveway 13 Silt Fence ' TOTAL CHANGE ORDERS: Original Contract Amount Contract Additions - CO No. 1 REVISED CONTRACT AMOUNT Quantitv Unit Unit Cost 1.0 LS 1.0 LS 150.0 CY 40.0 CY 6.5 STA 250.0 'I'N 85.0 TN 200.0 SY 40.0 LF 40.0 LF 20.0 SY 20.0 SY 40.0 LF TOTAL 29 3,750.00 950.� 17.50 21.50 215.00 9.75 39.70 435 3.00 4.00 1630 55.80 2.90 Total Cost 3,750.00 950.00 2,625.00 860.00 1,397.50 2,437.50 3,374.50 870.00 120.00 160.00 326.00 1,116.00 116.00 18,102.50 157,380.70 18,102.50 175,483.20 Midwest Asphalt Change Order No. 1 August 11, 2003 Page 2 Submitted and approved by Jon H. Haukaas, Director of Public Works, on the 1 lth da.y of August, 2003. Prepazed by Checked by 0 Jon H. Haukaas, P.E. Director of Public Works Approved and accepted this day of , 2003 by MIDWEST ASPHALT CORP Representative Approved and accepted this day of , 2003 by CITY OF FRIDLEY Scott J. Lund, Mayor William W. Burns, City Manager Approved and accepted this day of , 2003 by Metro Division Assistant Staxe Aid 30 � ` CfiY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 11, 2003 Date: August 7, 2003 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Subject: Second Reading Of Rezoning Request, ZOA#02-01, Brandes Place, LP M-03-113 INTRODUCTION The St. William Campus and the proposed Brandes Place lot are currently a mix of R-2 (Two Family) and C-3 (General Shopping Center) zoning districts. Brandes Place LP and the Church of St. William are seeking to rezone both of the proposed parcels to R-3 (Multi- Family). The R-3 designation is necessary for the Brandes Place development, or any multi-family development, and is not an uncommon zoning designation for church property in Fridley. PLANNING STAFF RECOMMNEDATION City Staff recommends Council hold the second reading of the ordinance approving the Rezoning of this property in order to comply with the Brandes Place Partnership settlement agreement. STIPULATIONS 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 4). Storm pond maintenance agreement must be filed prior to issuance of building permits. 5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6). City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7). Code required refuse and recycling enclosures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 31 11). Property owner of record at time of building permit application, fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, sewer connection fees prior to issuance of a building permit. 32 to pay required park to pay II water and - l 4 ' � ��%%�/%�'�� " �r�� / 'T� !i/ � � � A"� �_ �� 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 foilows: •� ... ,. 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 of Anoka and the City of Fridley and described as: Lot 1, Block 1, Church of St. William First Addition, Anoka, County, Minnesota. Lot 2, Block 1, Church of St. William First Addition, Anoka County, Minnesota, generally located at 6160 Fifth Street. Is hereby designated to be in the Zoned District R-2 (Two Family) and C-3 (General Shopping Center). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-2 (Two �amily) and C-3 (General Shopping Center), to R-3 (Multi-Family). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS �AY OF , 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: September 23, 2002 First Reading: July 28, 2003 Second Reading: Publication: SCOTT J. LUND - iVIAYUF2 � � � STIPULATIONS TO ZONING AMENDMENT Attachment 1 s , 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat rawing. 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stormwater run-off and management if necessary to manage adequate drainage and st rm water on the property. 4). Storm pond maintenance agreement must be filed prior to issuance of building permits. 5). Petitioner shall obtain any required NPDES Permit and NURP pon 6). City Engineering staff to review and approve grading and drainage issuance of building permits. 7). Code required refuse and recycling enclosures must be instaHed. 8). Landscape plan to be reviewed and approved by City Staff prior to building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatmei on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to sewer connection fees prior to issuance of a building permit. ng for entire site. lan prior to �suance of systems located �y required park �y all water and 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 follows: SECTION 1. Appendix D of the Fridley City Code is amended her and is hereby subject to the stipulations as shown in SECTION 2. The tract or area within the County of Anoka and described as: , as inclicated, nent 1. City of Fridley and Lot 1, Block 1, Church of St. William irst Addition, Anoka, County, Minnesota. Lot 2, Block 1, Church of St. Will' m First Addition, Anoka County, Minnesota, generally located a 160 Fifth Street. Is hereby designated to be in the ned District R-2 (Two Family) and C-3 (General Shopping Center). SECTION 3. That the Zoning Administrato is directed to change the official zoning map to show said tract or area to rezoned from Zoned District R-2 (Two Family) and C-3 (General Shopping nter), to R-3 (Multi-Family). PASSED AND ADOPTED BY THE ITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF ._, 2003. ATTEST: DEBRA A. S Public Hearing First Reading: Second Rea� Publication: � - CITY CLERK September 23, 2002 July 28, 2003 SCOTT J. LUND - MAYOR 33 � � , 4 STIPULATIONS TO ZONING AMENDMENT 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat dr 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stori and management. 4). Storm pond maintenance agreement must be filed prior to issuance c permits. 5). Petitioner shall obtain any required NPDES Permit and NURP pondii 6). City Engineering staff to review and approve grading and drainage pl issuance of building permits. 7). Code required refuse and recycling enclosures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to is building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to p� fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to p� sewer connection fees prior to issuance of a building permit. 34 Attachment 1 Nmg. water run-off building � for entire site. � prior to �ance of rstems located required park all water and � � CfiY OF FRIDLEY Date: To: AGENDA ITEM CiTY COUNCIL MEETING OF AUGUST 11, 2003 August 6, 2003 William Burns, City Manager � �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #03-17, David Phillips, 1631 Rice Creek Road M-03-111 INTRODUCTION The petitioner, David Phillips of Phillips Architects and Contractors, who is representing Jim Kiewel, property owner of 1631 Rice Creek Road, is seeking a variance to increase the maximum size of a first accessory structure from 1,000 square feet to 1,390 square feet to allow the construction of a 22 foot by 37 foot addition to the existing garage. APPEALS COMMISSION RECOMMENDATION At the July 23, 2003, Appeals Commission meeting, a public hearing was held for VAR #03-17. After a brief discussion, the Appeals Commission recommended approval of variance request, VAR #03-17, with a change to stipulation #4, to read, "Home must be opened to a City Building Inspector prior to start of construction to determine if the property is a legitimate single family home" and the other stipulations as presenied. Commissioner Kuechle also wanted to duly note to the City Council that Mr. Kiewel felt very strongly that stipulation #4 be entirely deleted from the stipulations. THE MOTION CARRIED UNANIMOUSLY. � 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. Petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall provide a hard surface driveway to garage addition within 12 months of issuance of a building permit. 3. The accessory structure shall not be used to conduct a home occupation. 35 4. Home must be opened to a City Building Inspector prior to start of c� determine if the prope�ty is a legitimate single family home. 5. All sheds on property must be removed prior to building permit bein 6. Detailed plans for the new dwelling area must be submitted with bui the garage. 7. New basement, as labeled on site plan, must be separated from ga accordance with building cQde requirements and may not be conve 0 � 10 to "finaled". ing plans for : in to additional garage area. Silt fence required along the East, West, & North property lines to p event erosion onto adjacent properties. Hay bales in swale areas are also requir d, as deemed necessary by City Staff. Due to steep grades and amount of additional impervious surface, t e water runoff velocity must be slowed down through the use of sod, seed, a small ponding area (rain garden) or other landscaping. Final design to be approved by City Staff prior to issuance of a building permit. Remedy must be installed prior to building permit being "finaled". New addition must be architecturally compatible with the existing h me and garage. Building elevations to be submitted to and approved by City Staff p'or to the issuance of a building permit. 36 City of Fridley Land Use Application VAR#03-17 July 23, 2003 GENERA� INFORMATION SPECIAL INFORMATION Applicant: Jim Kiewel 1631 Rice Creek Road Fridley, MN 55432 Requested Action: Variance Purpose: To increase the maximum floor area of the first accessory structure. Existing Zoning: R-1, Residential Location: 1631 Rice Creek Road Size: 27,550 sq. ft. .6 acres Existing Land Use: Single Family Home Surrounding Land Use & Zoning: N: Single Family, R-1 E: City of New Brighton S: Single Family, R-1 W: Single Family, R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.01.6.(4) ((a)) requires that the maximum size of the first accessory structure not exceed 1,000 square feet Zoning History: Lot platted in 1939. Home built in 1953. VAR #95-23 granted in 1996. VAR #95-23 expires, as it wasn't built, 1997. VAR #00-04 withdrawn prior to action. VAR #02-13 withdrawn prior to final action. Legal Description of Property: The E. 145' front & rear thereof of the S. 190' thereof of Lot 6, Auditors Sub. #22, subject to an easement over the S. 30' thereof for road purposes. Public Utilities: Home is connected. Transportation: Home is accessed by Rice Creek Road. 37 Physical Characteristics: Typical suburban landscaping, lot slopes towards back. SUMMARY OF PROJECT David Phillips of Phillips Architects � Contractors who is representing Jim Kiewel, property owner at 1631 Rice Creek Road, is seeking to increase the maximum size of a first accessory structure from 1,000 square feet to 1,390 square feet to allow the construction of a 22 ft. by 37 ft. addition to the existing qarage. SUMMARY OF HARDSHIP "A hardship exists with this lot in the nature of the extreme oversize of the sing/e family /ot and the under utilization of the property. The /ot is approximately 2.5 times the current requirement for a R-1 lot (22,300 SF vs. 9,000 SF). It is almost twice as wide (145 ft. vs. 75 ft.) as required for a sing/e family home in Fridley. The house location prevents subdividing info iwo lots. The current house is too sma/l for the property and will be modemized and en/arged to be consistent with other new homes and the extremely large lot which the house is situated oi�." -David Phillips, Phillips Architects & Contractors SUMMARY OF ANALYSIS City Staff has no recommendation as this variance is within previous/y granfed dimensions. Similar variance granted: VAR #95-23 was granted for this property for the same request, allowing the 1st accessory structure to be increased from 1,000 square feet to 1,392 square feet. CITY COUNCIL ACTION / 60 DAY DATE City Council —August 11, 2003 60 Day — August 18, 2003 Staff Report Prepared by: Stacy Stromberg VAR #03-17 REQUEST Petit n reoi David Phillips of Phillips Architects and Contractors, who is rE Kiewel, property owner of 1631 Rice Creek Road, is seeking a variance maximum size of a first accessory structure from 1,000 square feet to 1,: allow the construction of a 22 foot by 37 foot addition to the existing gar� SUMMARY OF HARDSHIP "A hardship exists with this lot in the nature of the extreme oversize of t, lot and the under utilizafion of the property. The lot is approximately 2. current requirement for a R-1 lot (22,300 SF vs. 9,000 SF). lt is almost ft. vs. 75 ft.) as required for a single family home in Fridley. The house subdividing into two lots. The current house is too smal! for the propert modernized and enlarged to be consistent with other new homes and tl !ot which the house is situated on." -David Phillips, Phillips A SITE DESCRIPTION The property is located north of Rice Creek Road near the New Brighton property is zoned R-1, Single Family as are all surrounding properties. l square foot walkout rambler with a 576 square foot (24 ft. by 24 ft.) attacl garage. The home was built in 1953 and the attached garage was addE Existing Home and Attached Garage : resenting Jim � increase the 0 square feet to � single family times the rice as wide (145 �cation prevents and will be � extremely large & Contractors >rder. The : home is 1,368 d two-car in 1961. PRIOR VARIANCE REQUESTS AND HISTORY YEAR REQUEST ACTION 1995 "'The original request was to increase '`The original request was denied by the size of a first accessory structure the Appeals Commission on from 1,000 square ft. to 2,064 square ft September 12, 1995. and to increase the maximum square *At the October 2, 1995 City Council footage of all accessory structures meeting, the petitioner reduced his from 1,400 square ft. to 2,064 square request to 1,776 square feet for the ft� total square footage of all accessory structures. This request was denied by the City Council. 1995 **The petitioner then reduced his **This revised request from 1,000 request to increase the maximum size square feet to 1,392 square feet was of a first accessory structure from approved by the City Council on 1,000 square ft. to 1,392 square ft. Febru�ry 26, 1996. **This variance #95-23 expired as the structure was never constructed. 2000 To increase the total square footage of Staff recommended denial of the all accessory structures from 1,400 variance request due to lack of square feet to 1,666 square feet to hardship and the petitioner withdrew allow the construction of a 30 ft. by 33 the request prior to the Appeals ft. (990 square foot) detached garage. Commission. 2002 *The original request was to increase *The original request was denied by the allowable square footage of all the Appeals Commission on August accessory buildings from 1,400 square �4, 2002. feet to 1,612 square feet to allow the *qt the August 26, 2002 City Council construction of an additional 28 ft. by meeting, the petitioner requested the 37 ft. second accessory building. Council not take action on his item until he had a chance to review alternative layouts. 2002 **The petitioner than requested to **This request was then withdrawn construct a 1,110 square foot (30 ft. by by the petitioner and the City Council 37 ft.) expansion to the existing removed the request from the agenda garage. Therefore, the variance at their October 28, 2003 Council request would change to increase the meeting. allowable square footage of the first accessory structure from 1,000 square feet to 1,686 square feet and to exceed 100°/a of the first floor area of the dwellin unit. 39 1995 VARIANCE — FINDING OF FACTS The 1995 variance request was granted by the City Council based on th fact: 2 3 The petitioner has an unusually large lot that the code would all� coverage of 6,887.5 square feet: The size of the garage approximately equals the size of the dw be out of proportion with the neighborhood. The IoYs unique topography allows the structure to be built at a the street, thereby reducing the visual impact to adjacent propE CURRENT REQUEST Since the 2002 variance request, Mr. Kiewel has hired an architect to hel his project. His new request is similar to his 1995 request, which was ap Council on February 26, 1996. That request was to increase the maximu accessory structure from 1,000 square feet to 1,392 square feet to allow of a 34 ft. by 24 ft. addition to the existing garage. findings of a totallot ing and will not lower than him redesign oved by the City size of a first �e construction The current request is to increase the maximum size of a first accessory s ructure from 1,000 square feet to 1,390 square feet to allow the construction of a 37 ft. by 22 ft. addition to the existing garage. The only difference between the two requests, is t e 1995 request was 2 square feet larger than the current request. The existing garage is 24 ft. by 24 ft. (576 square feet) and was originally story garage, which made the original garage 1,152 square feet. The pe1 removed the garage door from the lower level garage and blocked the s� not considered part of the accessory structure. The existing garage is 57 the proposed garage addition is 814 square feet. The total of these two ; square feet, which is 390 square feet over the 1,000 square foot maximui first accessory structure. (View of proposed garage location from North) �. � �:.._, °Addition Location` 40 =� �� (View of proposed garage uilt as a two- oner has since �e in so that it is square feet and �uctures is 1,390 allowed for a from West) Along with the proposed garage addition, there will also be a basement addition with living space above. The proposed addition meets lot coverage and setback requirements. City Staff has heard from two neighboring property owners, who were not in favor of granting this variance request. RECOMMENDATION City Staff has no recommendation as this variance is within previously granted dimensions. Similar variance granted: VAR #95-23 was granted for this property for the same request, allowing the 1 gt accessory structure to be increased from 1,000 square feet to 1,392 square feet. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall provide a hardsurface driveway to garage addition within 12 months of issuance of a building permit. 3. The accessory structure shall not be used to conduct a home occupation. 4. Home must be opened to City officials, prior to issuance of a building permit, to determine if the property is a legitimate single family home. 5. All sheds on property must be removed prior to building permit being "finaled". 6. Detailed plans for the new dwelling area must be submitted with building plans for the garage. 7. New basement, as labeled on site plan, must be separated from garage in accordance with building code requirements and may not be converted to additional garage area. 8. Silt fence required along the East, West, & North property lines to prevent erosion onto adjacent properties. Hay bales in swale areas are also required, as deemed necessary by City Staff. 9. Due to steep grades and amount of additional impervious surface, the water runoff velocity must be slowed down through the use of sod, seed, a small ponding area (rain garden) or other landscaping. Final design to be approved by City Staff prior to issuance of a building permit. Remedy must be installed prior to building permit being '�naled". 10. New addition must be architecturally compatible with the existing home and garage. Building elevations to be submitted to and approved by City Staff prior to the issuance of a building permit. 41 CITY OF FRIDLEY APPEALS COMMISSION MEETING J U LY 23, 2003 CALL TO ORDER: Chairperson Kuechle cailed the July 23, 2003, Appeals Commission meeting t� order at 7:32 p.m. ROLL CALL: Members Present Members Absent: Others Present: Larry Kuechle, Sue Jackson, Blaine Jones, Gary Zinter Ken Vos Stacy Stromberg, Planner David A. Phillips, Phillips Architects Jim Kiewel, 1631 Rice Creek Road 1. PUBLIC HEARING� VARIANCE REQUEST, VAR #03-17. BY DAVID Section 205.07.01.b.(4).((a)) of the Fridley Zoning Code to increase th the first accessory structure from 1,000 square feet to 1,390 square fe construction of a 22-foot by 37-foot addition to the existing garage on 1 of the south 190 feet of lot 6, Auditor's Subdivision No. 22, except roa� easement of record, generally located at 1631 Rice Creek Road. MOTION by Mr. Jones, seconded by Mr. Zinter, to open the public hearing. A. �hi�ur5: per : maximum size of ;t to allow the �e east 145 feet I, subject to UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DE¢LARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33 P.M. I Ms. Stacy Stromberg, Planner, stated the petitioner, David Phillips of Phillips Contractors who is representing Jim Kiewel, property owner at 1631 Rice Cre requesting a variance to increase the maximum size of a first accessory struc square feet to 1,390 square feet to allow the construction of a 22-foot by 37-f� existing garage. The hardship submitted by the petitioner reads, "A hardship in the nature of the extreme oversize of the single-family lot and the under-ut property. The lot is approximately 2.5 times the current requirement for an R vs. 9,000 SF). It is almost finrice as wide (145 ft. vs. 75 ft.) as required for a s in Fridley. The house location prevents subdividing into two lots. The curren for the property and will be modernized and enlarged to be consistent with ot and the extremely large lot which the house is situated on." ,rchitects & k Road, is �re from 1,000 �t addition to the :xists with this lot zation of the lot (22,300 SF igle-family home house is too small �r new homes Mr. Stromberg stated the property was granted a variance in 1996 to allow th increase of a first accessory structure from 1,000 square feet to 1,392 square feet. That varian e was granted based on the following findings of fact: 1. The petitioner has an unusually large lot that the Code would coverage of 6,887.55 square feet. 2. The size of the garage approximately equals the size of the c be out of propo�tion with the neighborhood. 4a a total lot ling and will not APPEALS COMMISSION MEETING, JU�Y 23, 2003 PAGE 2 3. The lot's unique topography ailows the structure to be built at a level lower than the street, thereby reducing the visual impact to adjacent properties. Ms. Stromberg stated because that structure was never constructed, the variance expired. Since that request, the petitioner has submitted various variance requests which have far exceeded the 1,392 square foot approved variance request. None of those requests were granted, thus the property owner is requesting the current variance. Ms. Stromberg stated that since the most recent request, Mr. Kiewel has hired an architect to help him redesign his project. The new request is similar to the 1995 request which was approved by the City Council on February 26, 1996. That request was to increase the maximum size of a first accessory structure from 1,000 square feet to 1,392 square feet to allow the construction of a 34-foot by 24-foot addition to the existing garage. The current request is to increase the maximum size of a first accessory structure from 1,000 square feet to 1,390 square to allow the construction of a 37-foot by 22-foot addition to the existing garage. The only difference between the two requests is the 1995 request was two square feet larger than the current request. The existing garage is 576 square feet and the proposed garage is 814 square feet. The total of these two structures is 1,390 square feet which is 390 square feet over the 1,000 square feet maximum allowed for a first accessory structure. Ms. Stromberg stated along with the proposed garage addition, there will also be a basement addition with living space above. Ms. Stromberg stated City staff has no recommendation as this variance is within previously granted dimensions. As was stated earlier a variance was granted for this property in 1996 to allow the first accessory structure to be increased from 1,000 square feet to 1,392 square feet. If the variance is granted, staff recommends the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall provide a hard surface driveway to garage addition within 12 months of issuance of a building permit. 3. The accessory structure shall not be used to conduct a home occupation. 4. The home must be opened to City officials, prior to issuance of a building permit, to determine if the property is a legitimate single-family home. 5. All sheds on the property must be removed prior to building permit being "finaled." 6. Detailed plans for the new dwelling area must be submitted with building plans for the garage. 7. The new basement, as labeled on site plan, must be separated from the garage in accordance with building code requirements and may not be converted to additional garage area. 8. A silt fence is required along the east, west & north property lines to prevent erosion onto adjacent properties. Hay bales in swale areas are also required, as deemed necessary by City staff. 9. Due to steep grades and the amount of additional impervious surface, the water runoff velocity must be slowed down through the use of sod, seed, a small ponding area (rain garden) or other landscaping. Final design to be approved by the City staff prior to issuance of a building permit. Remedy must be installed prior to building permit being "finaled." 10. The new addition must be architecturally compatible with the existing home and garage. Building elevations to be submitted to and approved by City staff prior to the issuance of a building permit. 43 APPEALS COMMISSION MEETING, JULY 23, 2003 � PAGE 3 Mr. Kuechle asked Ms. Stromberg to explain what she means by building perr�it being "finaled." Ms. Stromberg replied that all building permits issued need to have a final ins ection to ensure that everything was built to code. After a project has had a final inspection, it i considered to be finaled. Mr. David Phillips, Phillips Architects & Contractors, stated he has been retain d by Mr. Kiewel to help him with the design of this house. They have finro comments regardin the stipulations. They find that stipulation #4 seems very out of place. There has been a long istory. He has been in the house, and it is a single-family house. The building inspector will e at the house during construction of it, and Mr. Kiewel objects to the search of the house by other City officials. They think the Building Inspector is fully capable of determining that t is a single-family house, and he will be at the property under the normal course of inspections nyway. This relates to some past history on the property unrelated to single family. Mr. Ki wel does have tenants that live with him, in the house; however, it's not a duplex. One of the tenants had called and wanted the City to enforce a requirement that Mr. Kiewel separate is levels, the lower level from the upper level. Mr. Kiewel refused to do that, and the tenant actually filed a complaint with the City staff saying he won't separate it. The reason he won't is because it is a single-family house and under the Code it can't be separated. They are not p oposing to separate it, and it will be inspected by the Building Inspector. Mr. Kiewel woul ask that they consider the Building Inspector to be a proper City official to do that job. Mr. Phillips stated stipulation #10 is also confusing. They submitted elevation with this proposal and they don't know what it means to be "architecturally compatible.' The nice part about this addition is it is about a 1,480 square foot home addition on top of this walkout garage/area. So the garage certainly doesn't impact the streetscape at all as it is behind the house. There are the two driveways. They will hard surface the one on the w st side that will access the lower garage. They are fine with architecturally compatible. He is an architect, and it is compatible. Mr. Kuechle stated that is pretty much a standard stipulation that they put in a I variances of this type. When an architect gets involved, that stipulation is usually well covered ut, if they don't put it in, there could be some problems. Mr. Phillips asked that maybe instead of stipulation #10, the Commission indi�te "as long as it is built per the plans". Mr. Kuechle stated the petitioner pretty much knows all of the requirements, a d he didn't think this is an issue. But from the City's point of view, if they put the stipulation on one variance and not on another, they are opening themselves up to some problems. Mr. Phillips stated that since they have submitted the exterior elevations and tj�ere has been a comment they are unacceptable, how does that approval process go? I Mr. Kuechle replied he assumed that approval process would come when the submit the building plan for and request the building permit. What they are stating at thi point is that these need to be compatible with the existing structure. Mr. Phillips, as an architect, would feel very strongly about that, and he wouldn't want the addition to stick out like a sore t umb. Ms. Stromberg stated the stipulation is a standard stipulation they put on all At the time of building permit, it is reviewed for its architectural compatibility. looking at the plans, that it is architecturally compatible, but they wouldn't w< standard stipulation. . . riance requests. �e believed, by to remove the APPEALS COMMISSION MEETING, JULY 23, 2003 PAGE 4 Mr. Phillips referred to the #4 stipulation again relating to the building inspector. It would be fine, he is going to be at the site, he has to come out and inspect the property to do the addition, and he would ask that #4 be restated to be open to the Building Inspector during the course of construction to determine this. Mr. Kuechle replied what he thinks that stipulation is probably coming from is this is really a lot of square footage in a garage and in the material that has been submitted to him, he doesn't see anything there that helps him understand what this garage is going to be used for and so one of the things that comes to mind is it is going to be used as part of a home occupation, not that he is accusing him of doing that. But, they need to be assured that is not the case. Mr. Phillips replied that he would absolutely agree to that but, if they read the stipulation, they can't know that prior to the issuance of the building permit. You can't go out there and look today and find out what this garage is going to be used for. That would be during the course of construction. The wording is odd because, if it relates to the addition, the addition isn't built today so there is nothing to go out and see today that would be changed. Ms. Jackson stated as she recalled from the last time the petitioner appeared, they had a report from City staff that they had been contacted by realtors because at some time the house was for sale or considered to be on sale, and there was some reference to it having room for a renter or something like that. They didn't know if this information was accurate. Mr. Kiewel did not sell the home, but she remembered this stipulation was on for the variance request a couple of months ago. Mr. Phillips stated there are renters at this property. That is allowed by City Code as long as it is not constructed as a duplex. Mr. Kiewel can have up to five unrelated people at the structure. All they are asking is that the Building Inspector, who is going to be there any way, be the designated person under this stipulation. Clearly the Building Inspector is the most competent person in the Ciry to tell you if it's a duplex or single-family home or a home business or not. Ms. Jackson asked Ms. Stromberg how she felt if stipulation #4 read "Home must be opened to a Ciry Building Inspector, prior to issuance of building permit, to determine if the property is a legitimate single family home." Ms. Stromberg replied that would be fine. Mr. Phillips stated he would go a step further than that and say prior to start of construction. It may be before they apply for the building permit. Mr. Kuechle reworded stipulation #4 to read: "Home must be opened to City Building Inspector prio� to construction." Is that satisfactory? Mr. Phillips stated the current kitchen will separate what will become a formal living room and formal dining room from a great room that is a family room. The family room will have a second bedroom and master bedroom. It's all on the same level. The finro garages directly connect because there is an internal stair between them. There are two things that have changed that may come up again in the City of Fridley. The whole state is adopting a new Code, the IRC and the IBC. In the past there might have been a reason that you limited a garage to 1,000 feet under Code issues. That has now changed. It's really a 3,000 square foot number in the new IRC number and, what's nice he thinks, and makes this variance easy to ask for is they are not asking for an increase in their allowable square footage and you benefit from the removal of the shed so it already exists on the property. r�� APPEALS COMMISSION MEETING, JULY 23. 2003 I PAGE 5 Mr. Jim Kiewel, 1631 Rice Creek Road, stated he really doesn't have a probie with the majority of the stipulations except #4. It is simply a matter of principle. He do sn't know if #hey are aware of what has happened in the past in his home, but he feels his right to privacy and property have been violated and stipulation #4 would simply be a continuation of that deprivation of rights. His architect, in the interest of his achieving his goals at is properry, has done well in presenting the case for expanding his property and it is a good thing and benefits pretty much everyone around him and he gets along fine with his neighbors. e would like stipulation #4 stricken completely. It's one thing inviting someone to your hom which he has done with staff in the past, but it's another when someone tries to force his/he way into your home. And he knows what that feels like, and it is not pleasant. Mr. Kuechle stated he can understand Mr. Kiewel's point of view. He believed they are trying to negotiate a middle ground because there have been concerns expressed in t e past by the neighbors about the status of this house. Mr. Kiewel replied he guessed he hasn't seen any validation whatsoever. If ; any of them of doing something wrong, then he would expect the honorable ; moral thing to do would be tell them what they have done wrong and confirm something wrong. When someone takes your rights from you because of th� difficult for one to compromise himself and accept something like this. He w� stipulation #4 be stricken because iYs wrong. Mr. Zinter stated he has seen this on other variance requests, and the objected. Mr. Kuechle stated this variance request has to go to City Council on August petitioner, the architect, and City staff can come to some kind of compromise City Council meeting. Mr. Phillips stated he would still ask that stipulation #4 be changed to "Buildir MOTION by Mr. Zinter, seconded by Ms. Jackson, to close the public UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE D MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:08 P.M. neone accuses i ethical and sy have done it makes it very d ask again that rs have not 1, so maybe the �n this before the Inspector." LARED THE Mr. Kuechle stated he would recommend approval of this variance request. I is essentially not particularly different than the one that was approved in 1995. From what he as seen of the plans presented by the architect, they seem to be reasonable and seem to fit in well with the house. He would recommend that stipulation #4 be changed as the architect as requested to just the "Building Inspector". He would also like to note to the City Council th t Mr. Kiewel felt very strongly about #4 being deleted from the stipulations. � i Mr. Jones stated he would concur and would recommend approval with stip� to read "Building Inspector" instead of "City officials". He would not take that just because they have included it on other va�iances. Mr. Zinter stated although he didn't understand the relationship of the hardsh request, he is in favor of recommending approval. He did have a concern ab of issuance for the garage addition. With other large additions like this, there concern with the water runoff. He was wondering about the likelihood of the meeting the concerns that people had previously expressed about water run� . � � #4 changed stipulation out p statement to this �ut the 12 months has always been a �tipulations iff, because you APPEALS COMMISSION MEETING, JULY 23. 2003 PAGE 6 can get quite a fast stream going from this and he would hate to find that not working. So there is pretty strict enforcement of those grading requirements in the stipulations. Mr. Jones stated that was the one thing he thought when he was looking at the place today. It's not a huge sledding slope but, with some of the rains they have had lately, there is going to be a lot of water going down that slope pretty quick. He noticed there are rain gardens and things like that, but that could still be a challenge during construction and later on because of some of the rains they have. Ms. Jackson stated she agrees with the previous comments and she thinks the addition and the replacement of the shed will improve the appearance of the property and make the neighbors happier. Perhaps since the petitioner's client has indicated he has asked or would ask Ciry officials to come, he can do that between now and the Council meeting on August 11`h; then by August 11�h, stipulation #4 might be a moot point. Also they talked about changing to "Building Inspector" and "prior to start construction", rather than "to issuance of building permit", so there are two corrections to stipulation #4. Mr. Kuechle stated another reason why he prefers to keep stipulation #4 is because the City Council has legal counsel present. Mr. Kiewel's viewpoint is that the City has no legal right to be there, so that can be more appropriately addressed at the City Council meeting. MOTION by Ms. Jackson, seconded by Mr. Zinter, to �ecommend approval of variance request, VAR #03-17, by David A. Phillips with the following stipulations as amended: 1. The petitioner shatl obtain all necessary permits prior to start of construction. 2. The petitioner shall provide a hard surface driveway to garage addition within 12 months of issuance of a building permit. � The accessory structure shall not be used to conduct a home occupation. The home must be opened to a City Building Inspector prior to construction to determine if the property is a legitimate single family home �. All sheds on property must be removed prior to building permit being "finaled." �. Detailed plans for the new dwelling area must be submitted with building plans ' for the garage. �. New basement, as labeled on site plan, must be separated from garage in accordance with building code requirements and may not be converted to additional garage area. �. A silt fence is required along the east, west & north property lines to prevent erosion onto adjacent properties. Hay bales in swale areas are also required, as deemed necessary by City Staff. t� Due to steep grades and amount of additional impervious surface, the water runoff velocity must be slowed down through the use of sod, seed, a small ponding area (rain garden) or other landscaping. Final design to be approved by the Ciry staff prior to issuance of a building permit. Remedy must be installed prior to building permit being "finaled." � The new addition must be architecturally compatible with the existing home and garage. Building elevations to be submitted to and approved by City staff prior to the issuance of a building permit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle stated this variance request will go to the City Council on August 11. 47 MEIYI FINANCE DEPARTN�NT CITY OF FRIDLEY TO; From: Subject Date: ox.�tn�vr I� �D. P��. �� F N,4NCEDIRECT4R � Wiiliam W. Burns, City Manage1,�Ny�� Richard D. Pribyl, Finance Director RESOLUTION TO RAISE STORM WATER DRAINAGE OF THE INDEX PROVIDED IN THE CITY CHARTER August 6, 2003 TES IN EXCESS Attached is a resoiution being provided to the City Council in an icipation of the election process that will occur this fall. The city charter, a few years ago, was modified to place a limit on the amount of ann�ai increase in the storm water drainage rates. It identifies an index by which the annual incre se in rates are measured. Due to our limitations on the amount by which the s orm water rate can increase, we are projecting an operating loss for 2004. To raise a portion of the needed revenue for the Storm Wate Fund, it would require us to use the process identified in the charter to rais the additionai funding. With this resolution we wouid be foilowing the stipulations outlined under section 7.02.02 regarding increasing revenues for the Utility Funds in excess of the limifi provided for under 7.02.01. We wili be foliowing the following ime line: August 1 1, 2003 Adopt a resolution declaring necessity water rates and the purpose of the inci August 14, 2003 Notice of Pubiic Hearing Sent to Focus A�gust 21, 200 August 28, 2003 Sept. 4, 2003 Publish notice of Public Hearing(City C requirement) an increase in e. rter Sept. 8, 2003 Hold Public Hearing Sept. 8, 2003 Adopt a resolution calling for Ele tion and Ballot Question (resolution must be adopted b at least a 4/5's vote) . November 4, 2003 Election-Increase shall only take effect ith 51% of the votes cast in favor. It is estimated that the combination of the amount of increase allowed by the index and the amount requested in this resolution will cost the av rage customer $2.13 per year. � 0 0 0 RESOLL�ION NO. - 2003 A RESOLUTION DECLARING THE iVECESSITY TO �1CREASE STORiv1 LVATER RATES IN EYCESS OF' THE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER `VHEREAS, Chapter Seven, Section 7.02.03 of the Fridley City Charter; requires any fees increased in excess of the inflation index or 5%, whichever is less, shall require voter approval as stipulated in Section 7.02.02; and WI-�REAS, said Section 7.02 of the City Charter provides that if the storni water rates within the Ciry exceed the inflationary index as provided under 7.02.01, that die Colmcil shall adopt a resolution showing the necessity for such stozm sewer rate increase; and WHEREAS, the City of Fridley is experiencing increased costs to maintain the storm sewer system as a result of federal mandates set forth in their National Poliutant Discharae Elimi.nation System; and WHEREAS, the City of Fridley needs to continue to perform maintenance and upgrades to the storm sewer system to help protect our streets and neighborhoods from flooding; and `VHEREAS, the City of Fridley in ha5 found the need to increase �-torm water rates for the sole purpose of reducinb any operating losses; and WI-�REAS, the Ciry of Fridley neeeis to increase storm water rates in the amount of $.65 per REF- acre in eYCess of the indexed levy allowed by charter; and NOW TI�REFORE BE TT RESOLVED that the City Council of the Ciry of Fridley pursuant to three (3) week.s published notice and public hearing on the $� day of September, 2003, shall have the authority to increase the stonn water rates exceedin� the indexed annual amount by �.65 per REF-acre which shall also be indexed by that same provision as outlined in Section 7.02.01 of the Fridley City Charter. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2003. ATTEST: Debra A. Skogen, City Clerk .• Scott J. Lund, Mayor FIN�r CE DEPART�IENT CITY OF FRIDLEY To: From Subject: MEMORANDUM ' RI HARi1 D. PIiIBYL �� V 4NCE DIREC7'4R' r� Wiliiam W. Burns, City Manager��'�� Richard D. Pribyl, Finance Director RESOLUTION TO RAISE SANITARY SEWER RATES IN EXCESS OF THE INDEX PROVIDED W THE CITY CHARTER Date: August 6, 2003 Attached is a reso(ution being provided to the City Councii in a election process that wili occur this fall. The ciTy charter, a fev modified to place a limit on the amount of annual increase in t' rates. It identifies an index by which the annval increase in rat Due to our limitations on the amount by which the sewer rate � are projecting an operating loss for 2004. �ticipafiion of the years ago, was e sanitary sewer s are meas�red. an increase, we To raise a portion of the needed revenue for the Sewer Fund, it ould require us to use the process identified in the charter to raise the additional funding. With this resolution we would be following the stipulations outline under section 7.02.02 regarding increasing revenues for the Utility Funds in e cess of the limit provided for �nder 7.02.01. We wi(I be following the foflowing tim line: August 1 1, 2003 Adopt a resofution declaring necessity f r an increase in water rates and the purpose of the incr ase. August 14, 2003 Notice of Public Hearing Sent to Focus August 21, 200 August 28, 2003 Sept. 4, 2003 Publish notice of Public Hearing(City Ch�rter requirement) Sept. 8, 2003 Hold Public Hearing Sept. 8, 2003 Adopt a resolution calling for EI ction and Ballot Question (resolution must be adopted y at least a 4/5's vote) . November 4, 2003 Election-Increase shall only take effect with 51% of the votes cast in favor. , It is estimated that the combination of the amount of increas allowed by the index and the amount requested in this resofution will cost the a erage customer approximately �15.00 per year. 50 � RESOLUTIOiVr 1\0. � Z�Q3 A RESOLtiTION DECLARL�tG T'HE NECESSITY TO INCREASE SA:�TIT.aRY SEWER R�TES Ii�i EYCESS OF THE Lti-FLATION:�RY PI�EY OR 5%, `VHICHEVER IS LESS, aS REQtiIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER VVI-�REAS, Chapter Seven, Section 7.02.03 of the Fridley City Charter; requires any fees increased in excess of the inflation index or 5%, Lvhichever is less, shall require voter approval as sripulated in Section 7.U2A2; and � W�-�REAS, said Section 7.02 of the City Charter provides that if the sanitary sewer rates within the Ciry exceed the intlationary index as provided under 7.02.01, that the Cotuicil shall adopt a resolurion showing the necessity for such sanitary sewer rate increase; and WHEREAS, the City of Fridley is experiencing a 3% increase in the cost of wastewater disposal rates and a 6.1% increa,se in annual wastewater permit fee charges by the Metropolitan Council Environmental Services (MCES) for the discharge of city-wide sewabe to their treatment plan�s; and WF-IEREAS, the City of Fridley needs to continue its progam of sewer pipe lining to reduce damage and the infiltration of �oundwater into the sanitary sewer sys�tem; and `VHEREAS, the Ciry of Fridley needs to conti.nue to orrgoing cleaning, maintenance, repair and upgrade of its sanitary sewer system to help prevent blockages or other system backups; and `VHEREAS, the City of Friciley needs to increase sanitary sewer rates in the amount of $.17 per 1,000 gallons in excess of the indexed levy allowed by charter; and IvTOW THEREFORE BE IT RESOLVED that the City Council of the Ciry of Fridley pursuant to three (3) week.s published notice and public hearing on dle $� day of September, 2003, shall have the authority to increase the sanitary sewer rates exceeding the indexed annual amount by �.17 per 1,000 gallons wluch shall also be indexed by that same provision as outlined in Section 7.02.01 of the Fridley City Charter. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS _ DAY OF - __ _ 2003. ATTEST: Debra A. Skogen, City Clerk 51 Scott J. Lund, Mayor FIN �`rCE DEPARTMEI��'T CITY OF FRIDLEY MEMOF:ANDUM � � HA.RD D . P��n.. O �� FR1� F�lV 4:VCE DIRECT4IZ _- I � � To: William W. Burns, City Manager �^�,;� � From: Subject Date: Richard D. Pribyl, Finance Director RESOLUT{ON TO RAISE WATER RATES IN EXCESS OF THE INDEX PROVIDED IN THE CITY CHARTER August 6, 2003 Attached is a resolution being provided to the City Councii in ar election process that wili occur this fali. The city charter, a few modified to place a fimit on the amount of onnual increase in th identifies an index by which the annual increase in rates are m� our limitations on the amount by which the woter rate can ii projecting an operating loss for 20C�4. ticipation of the years ogo, was � water rates. !t �asured. Due to crease we are To raise a portion of the needed revenue for the Water Fund, it �vould require us to use the process identified in the charter to raise the addition�al funding. With this resolution we would be following the stipufations outline ��! under section 7.02.02 regarding increasing revenues for the Utility Funds in e cess of the limit provided for under 7.02.01. We will be following the following tim� fine: August 1 1, 2003 Adopt a resolution declaring necessity fbr an increase in water rates and the purpose of the incr�ase. August 14, 2003 Notice of Public Hearing Sent fio Focus August 21, 200 August 28, 2003 Sept. 4, 2003 Publish notice of Public Hearing(City Ch�rter requirement) � Sept. 8, 2003 Hold Public Hearing ' Sept. 8, 2003 Adopt a resolution calling for El�ction and Ballot Question (resolution must be adopted kby at feast a 4/5's vote) . , November 4, 2003 Election-Increase shall on(y take effect'I with 51% of the votes cast in favor. �, {t is estimated that the combination of the amount of increas� alfowed by the index and the amount requested in this resolution will cost the aNerage customer $7.20 per year. I � RESOLUTION NO. - 2003 A RESOLtiTION DECLARLrG THE NECESSITY" TO INCREASE �VATER RATES TiV EYCESS OF THE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER �VHEREAS, Chapter Seven, Section 7.02.03 of the Fridley City Charter; requires any fees increased in excess of the inflation indes or 5%, whichever is less, shall require voter approvai as stipulated in Section 7.QZA2; and WHEREAS, sud Section 7.02 of the City Charter provides that if the water rates within the Ciry esceed the inflationary index as provided under 7.t)2.01, that the Council shall adopt a resolution showing the necessiry for such water rate increase; and W�REAS, the City of Fridley needs to replace the 1.5 million galion water storage tank constructed in 19�3 which provides water pressure to the eastern third of the ciry due to its age, deteriorated condition and the extremely hi�h cost of rehabilitation; and W�REAS, the City of Fridley need.� to upgrade the main water filtration plant to meet stricter regulations imposed by the Federal EPA for the removal of Radium 226 and 228 from the city water supply; and WHEREAS, the City of Fridley needs to continue to perfomi or�going maintenance, repairs and upgrades to the wells and distriburion system piping serving the city; a�id WHEREAS, the City of Fridley in reaction to the cuts in state aids and needed improvements has found the need to increase water rates for the sole purpose of offsetting any operating loses; and VVHEREAS, the City of Fridley needs to increase water rates by $.08 in excess of the indexed rate allowed by charter along wifll an increase to the senior citizen rates in the amount of $.06 per l,(x)0 gallons of water con,�nned in excess of the indexed rate allowed by charter; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley pursuant to three (3) weeks published notice and public hearing on the $'' day of September, 2Q03, shall have the authoriry to increase the water rates exceeding the indexed annua.l amount as defined above which shall also be indexed by that same provision as outlined in Section 7.02.01 of the Fridley City Charter. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2�03. ATTEST: Debra A. Skogen, City Clerk 53 Scott J. Lund, Mayor INFORMAL STATUS REPORTS 54