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02/20/1991 PLANNING COMMISSION MEETING AGENDA WEDNESDAY, FEBRUARY 20, 1991 7:30 P.M. Public Planning Commission MIL City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, FEBRUARY 20, 1991 7:30 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: February 6, 1991 PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-02, BY VANCE AND MARY NELSON: Per Section 205.24.04. (D) of the Fridley City Code, to allow the construction of a garage and additional living area in the CRP-2 (Flood Fringe) District, on Lots 18-21, Block Y, Riverview Heights, the same being 600 Buffalo Street N.E. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-03, BY STEVE WEISENBERGER FOR ABRA: Per Section 205.15.01.C. (8) of the Fridley City Code, to allow exterior storage of materials and equipment, on Lot 4, Block 2, East Ranch Estates Second Addition, generally located at 7710 University Avenue N.E. CONSIDERATION OF A LOT SPLIT, L.S. #91-01, BY CHARLES SEYKORA: To split off that part of Lot 6, Block 5, Pearson's Craigway Estates 2nd Addition, Anoka County, Minnesota, which lies southeasterly of a line 3.5 feet northwesterly of and parallel with the southeast line of said Lot 6, and combine it with Lot 7, generally located at 7836 and 7830 Alden Way N.E. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF JANUARY 10, 1991 RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING OF JANUARY 15, 1991 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF FEBRUARY 5. 1991 OTHER BUSINESS: ADJOURN: 1 1 I CITY OF FRIDLEY PLANNING COMMISSION MEETING, FEBRUARY 6, 1991 CALL TO ORDER: Chairperson Betzold called the February 6, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dave Kondrick, Connie Modig, Sue Sherek, Brad Sielaff, Larry Kuechle (for Diane Savage) Members Absent: Dean Saba Others Present: Michele McPherson, Planning Assistant Wesley Grandstrand, St. Philip's Lutheran Church John Quiter, Cunningham Architects Robert Becker, St. Philip's Lutheran Church Paul Dahlberg, 6664 East River Road - rep. St. Philip's Lutheran Church APPROVAL OF JANUARY 23, 1991, PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the January 23, 1991, Planning Commission minutes with the following amendment on page 22, second paragraph: Delete word "approval" in second sentence of motion and insert the word "denial". UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MINUTES APPROVED AS AMENDED. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-01, BY ST. PHILIP'S LUTHERAN CHURCH: Per Section 205.09.C. (1) of the Fridley City Code, to allow churches in an R-3, General Multiple Family Dwelling District, on Outlots 1 and 2 and the vacated service road, Block 2, Moore Lake Highlands Addition, generally located at 6180 Highway 65 N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:31 P.M. PLANNING COMMISSION MEETING. FEBRUARY 6. 1991 PAGE 2 Ms. McPherson stated the property is located at the southwest corner of the intersection of West Moore Lake Drive and Trunk Highway 65, on the northeast shore of the west basin of Moore Lake. The property is zoned R-3, General Multiple Family Dwelling. The property to the north and east is zoned C-3, General Shopping, and the property to the north and west is zoned R-1, Single Family Dwelling. Ms. McPherson stated the petitioner is proposing to add an 8,000 sq. ft. addition to the existing sanctuary building which will include a fellowship hall, kitchen facilities, office space, and storage areas. In addition, there will be some other interior remodeling in other parts of the existing facility. Also as part of this request, the petitioner will be adding some additional parking along the front of the church facility and toward the intersection of Highway 65 and West Moore Lake Drive and the existing small parking area and driveway will be closed. Ms. McPherson stated the City Code sets forth certain standards which allows churches in residential districts. These standards include parking, landscaping, and setback requirements. Ms. McPherson stated that on Tuesday, February 5, the Appeals Commission reviewed a variance request from St. Philip's Church to reduce the hard surface setback along the north and east property lines and also to reduce the driving aisle widths for both two way and one way traffic. The Appeals Commission recommended approval of the variance request. Ms. McPherson stated the expansion of the building will meet all the required building setbacks. The City does not currently have a shoreline ordinance; therefore, they do not a minimum setback from the lakeshore. However, the proposed addition will be approximately 88 feet from the normal high water line of the lake. The Department of Natural Resources does have some standards for setback requirements; however, they do not have any jurisdictional authority to require the enforcement of these setbacks. Ms. McPherson stated the proposed parking will provide approximately 269 spaces. In calculating the fellowship hall and the worship area in the existing sanctuary, according to the Code, the number of required parking spaces would be 296, a deficit of approximately 27 spaces. At the Appeals Commission, the petitioner indicated that they have a cross parking easement with Miller Funeral Home across the street so there is available overflow parking. It is staff's recommendation to the petitioner that the fellowship hall and PLANNING COMMISSION MEETING, FEBRUARY 6, 1991 PAGE 3 sanctuary should not be used for separate functions, but to be used in conjunction with similar functions. Ms. McPherson stated that as far as traffic on West Moore Lake Drive, the petitioner will be improving the traffic situation at the intersection of Highway 65 and West Moore Lake Drive by closing the easternmost driveway and removing the existing parking area. Plans have been proposed by the City's Engineering Department to improve this intersection by adding a free right turn, which would add a third lane along the north property line of the church property. The Engineering Department is asking for a 5 foot easement which would include the sidewalk area which runs along the front of the church property to facilitate this improvement. This improvement is slated for either 1991 or 1992. Ms. McPherson stated the building plans will need to be reviewed by the Rice Creek Watershed District as it is over 5 acres in area. At the February 5 Appeals Commission, Chairperson Diane Savage recommended a fourth stipulation: A permit from the Rice Creek Watershed District shall be obtained prior to a building permit being issued by the City. According to Ms. Savage, whose husband is on the Rice Creek Watershed District Board, because the church is within 1, 000 sq. ft. of the high water line, they will have to get a permit from the Rice Creek Watershed District. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of the special use permit request, with the following three stipulations: 1. The fellowship hall and the sanctuary shall not be used for separate functions. 2. A landscape plan meeting the code requirements shall be submitted by the petitioner with phased installation indicated on the plan. 3. A 5 foot road easement shall be dedicated to the City along the north property line. Mr. Kondrick asked if any neighbors had called expressing concern over St. Philip's plans. Ms. McPherson stated she had received two calls from neighbors asking about the variance request. Both people felt the expansion could only be an improvement to the existing building and did not feel the plans would impact their residential properties. Mr. Robert Becker, President of St. Philip's Lutheran Church, stated he had a concern with stipulation #1, that they not use PLANNING COMMISSION MEETING, FEBRUARY 6, 1991 PAGE 4 the fellowship hall and the sanctuary at the same time. He can understand staff's position and concern about the traffic and parking, and the church certainly wants to be in full compliance with all codes. However, he doubted if there would ever be a time when both facilities would be full at the same time. The concern he had with the wording of stipulation #1 is that it is saying that St. Philip's cannot have some kind of chapel service in the sanctuary at the same time the great hall or gymnasium are being used by the youth. He suggested rewording the stipulation to say that the church cannot use both facilities to capacity at the same time. Mr. Becker stated St. Philip's Lutheran Church is a beautiful facility and well kept. They intend to upgrade the landscaping. He did not see the Rice Creek Watershed situation as a problem, but he also did not see it as something that should necessarily be pushed on them. They are not changing a great deal in terms of major runoff. They are making improvement in terms of drain curbing and weirs in the lake to protect the lake. Mr. Dahlberg stated that Ms. McPherson had stated that even at capacity, the church is only 27 spaces short of the number of spaces required. With the cross parking easement with Miller Funeral Home, they have enough parking even if both the fellowship hall and sanctuary were filled to capacity. He agreed with Mr. Becker that he could not think of an instance where both these facilities would be full at the same time. To a certain extent, that stipulation really isn't necessary. Ms. McPherson stated this stipulation was placed on the special use permit prior to staff's knowledge that the church shared a cross parking easement with Miller Funeral Home. She believed the City has allowed prior requests, at least at the retail level, to exist with cross parking easements. Maybe all that is needed is to request a copy of the cross parking easement for the City's files. Mr. Betzold stated the Commission could stipulate that St. Philip's Lutheran Church must maintain a cross parking easement; and if that cross parking easement ever ceases to exist in the future, then the City can readdress the parking issue. Mr. Betzold asked if Mr. Becker anticipated any use of the church facilities that are not related to church functions. Mr. Becker stated they have been doing that forever. The church facilities are used by Alcoholics Anonymous, Overeaters Anonymous, Weight Watchers, etc. It is a community service facility. PLANNING COMMISSION MEETING, FEBRUARY 6, 1991 PAGE 5 Mr. Dahlberg stated that in terms of the use by large groups, now when there is a wedding, there will be the capability for holding receptions that they did not have in the past, and they hope to take advantage of that. In addition, they will be able to invite youth organizations from several area churches to come together in this facility, rather than having their children go elsewhere. Mr. Wesley Grandstrand stated that regarding stipulation #3, a 5 foot road easement shall be dedicated to the City along the north property line, his concern would be that the upgrading by the City of the intersection with the additional right turn lane be coordinated with the Church's elimination of the driveway and entrance at the corner of the site and not prior to their construction. Ms. McPherson stated she is not sure about the schedule, but she would verify this with the Engineering Department. She is sure that the Engineering Department will be more than willing to coordinate the two projects. Mr. Becker asked if the 5 foot easement would affect their sign. Ms. McPherson stated there should not be any problem. Mr. Becker stated that regarding the change in wording for stipulation #1, that also impacts some of the wording in the staff report on the top of page 3, ". . .that at no time would the proposed fellowship hall and the existing sanctuary be used for separate events". He wanted to make sure that by amending the stipulation, that wording in the staff report is also deleted. Ms. McPherson stated that prior to the City Council meeting, she will amend the body of the staff report to reflect the amendment. MOTION by Mr. Kondrick, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of Special Use Permit, SP #91-01, by St. Philip's Lutheran Church, per Section 205.09.C. (1) of the Fridley City Code, to allow churches in an R-3, General Multiple Family Dwelling District, on Outlots 1 and 2 and the vacated service road, Block 2, Moore Lake Highlands Addition, PLANNING COMMISSION MEETING. FEBRUARY 6. 1991 PAGE 6 generally located at 6180 Highway 65 N.E. , with the following stipulations: 1. That a cross parking easement be maintained with Miller Funeral Home and that a copy of that cross parking easement agreement be submitted to the City. 2. A landscape plan meeting the code requirements shall be submitted by the petitioner with phased installation indicated on the plan. 3. A 5 foot road easement shall be dedicated to the City along the north property line. Ms. Sherek stated that she did not think it is necessary to include a stipulation about the Rice Creek Watershed District permit since that is already a requirement. Ms. McPherson stated representatives for St. Philip's Lutheran Church have spoken with the Rice Creek Watershed District Board and are aware of what is required. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Betzold stated he also wanted to add that it is the Planning Commission's recommendation, at the request of the St. Philip's Lutheran Church, that the City coordinate the work schedule for the right turn lane at Highway 65 and West Moore Lake Drive with the Church's construction. Ms. McPherson stated the variance request and special use permit request will go to the City Council on February 23, 1991. 2. 1991 CDBG FUNDS: Ms. McPherson stated that the Commission members had received a memo from Barbara Dacy and Lisa Campbell regarding the status of 1991 CDBG funds. The proposed 1991 allocation is at $104,291. Staff is proposing that $70,000 be committed to the Riverview Heights project and $33,291 be committed to human services. Anoka County still requires $1, 000 for administrative services. Ms. McPherson stated staff is requesting that the Planning Commission recommend to the City Council approval of the proposed allocation. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to recommend to City Council approval of the 1991 Community Development Block Grant Funds as proposed. • PLANNING COMMISSION MEETING, FEBRUARY 6, 1991 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE JANUARY 7. 1991. PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive the January 7, 1991, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE JANUARY 22. 1991. APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Sherek, to receive the January 22, 1991, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Ms. Modig, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the motion carried and the February 6, 1991, Planning Commission meeting adjourned at 8:05 p.m. Respectfully s mitted, LySaba Recording Secretary 't STAFF REPORT APPEALS DATE CIIYOF PLANNING COMMISSION DATE : February 20, 1991 FRIDLEY CITY COUNCIL DATE A UTHoR MM/dn REQUEST PERMIT NUMBER SP #91-02 APPLICANT Vance and Mary Nelson PROPOSED REQUEST To allow construction of a garage and additional living area in the CRP-2 district. LOCATION 600 Buffalo Street N.E. SITE DATA SIZE 12, 100 square feet DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling to the N, S, E, and W & ZONING UTIJTIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION • RECOMMENDATION & s SP #91-02 Vance/Mary Nelson S 1/2 SEC. CITY OF © 31 " :' *'/I A,41..."‘ • IP tt.•'1i. /111k . litC'El 14:.%•••/... • .. A' •••.L. ' \ `R ••M1 NS 1C '''' 8' ',i1, ' r / .MIMI" .. • i 7f�lY W • H!Ir t, FPO'''. ;•r ,. i h G ,4.1 ...r'",• E i\'�Ylaii �/� ; • '',i�•t r b ' A / �^ •, .a 1•14a'!' 1R••.1,,.. LIBERTY -vs ...... .k• ._,.-i., . f• • M. a ....It' .0k .•. .•••..n.•r, A;,tvl.•1.0... ••.•1 I. ..• ' \� .w4„ •.rt•-.. 2. .• , •', t LONGFELLOW \ .. AA 79 Tw ',At WAY NE...... • - •� •- C- 1r„ - .,... - -.� . 4 " • Q�° • .. , ° 4' 33 .p - Lf. PEp.a ,�.,p **" ',,'kTr• - ,-- 4„,. • 40 P.,;,.........1.5',,,'...., . 1 ... ,' 2 y' !.i • nyy°\ .aA~•✓ goy r • S• / . y �► ` _ \ , . ..". • 34 - LOCATION MAP M.. . • SP #91-02 Vance/Mary Nelson 3 p v. \ _ • ) V -) CITY OF `\ � � • THOMPSON ' . Esc• . � �.d R/VERV/EW HEIGHTS O 1 % . s er v. sip. 1 NI• ologioilir . , , • 1_,r.,...,.. .. .. ,,,, .. , • IIIIIii IA ••. = .. , IPONTON REST • t,_••'. y ® � �. M:R ae L ' I, : Q \ , 15 SPR1 �� `. �•� '' BPS 0• i :r,ti•>•�.sue.:: a • ,�`mot: 1 , ' ;ir 1 r •,t• .., , is ..T 1F.0221 ii...„.- PARK i�li'ti MU i, �� Rl} ., 574:04 i rflit , r.,.,,,,,E7,, ..i.,,dimit - . -,K c:), 9 lillittolk 101 %%JEN En � H • • A Lr I . of LY • 11 . 40.401111t giak.• 7 7 s Mali fi NP • . r 111111&t . •i�a. 16 �/ ♦♦ LIBERTY 7 �� ♦♦ LONG LL W I N \ \• 0 Vg. ii. fi K le \ • \ .0 - kt.., i .2r.-476.\\.e., • • 1 - '_ •10 ♦• •• {♦ . .... lam.\ • ��.1 r Y 014•44:3) • ' •CA • • : •. 'RI V E RV4EW . : ;. ti •; .. .\ .•••HEIGHi \�,' %., ` ♦ • • kS ...' f *,:t A -4°1);Ss . "- • '2► •. ` `• 0 1, . 1 10 -0 • .• ff 1 I . S ZONING MAP MIL Staff Report SP #91-02, Vance and Mary Nelson Page 2 Request The petitioners are requesting that a special use permit be granted to allow construction of an attached garage and an additional living area in the CRP-2 (Flood Fringe) district. The request is for Lots 18, 19, 20 and 21, Block Y, Riverview Heights. In addition to the special use permit, the petitioners have applied for a front yard setback variance from 35 feet to 14.5 feet and 21 feet. The Appeals Commission recommended approval of the variance request to the City Council at their February 5, 1991 meeting. Site Located on the parcel is a single family dwelling unit with a detached two car garage. The driveway currently is not paved, a violation of City Code. The petitioners are proposing to construct an addition which will be two stories. Garage and storage areas will be located on the lower level and bedrooms, bath, and living area on the upper level. The property is zoned R-1, Single Family Dwelling as are the parcels to the north, south, east, and west. Analysis The proposed addition is designed such that the living area will be above the 100 year flood elevation of 823. The first floor area is to be used for garage, storage, laundry and shop areas. Staff sent the proposed plans to the Department of Natural Resources for review. Tom Hovey, area representative for the DNR, expressed concern that the shop area would be used to house expensive tools and equipment which could be lost if the property should experience a 100 year flood. An agreement holding the City harmless is this occurs should be signed and recorded against the property. It is possible that the addition could be constructed without the shop area such that the upper story could be built on stilts. The shop and garage areas will need to be flood proofed in accordance with the requirements of the building code. In addition, the shop area is large enough that it could be converted to additional living area (three or four season porch) . If this occurred, the floor elevation would be below the 100 year flood elevation, and in violation of code. If the petitioners do not want to eliminate the shop area, an agreement should be signed and recorded against the property so that this area cannot be converted to habitable living space by either the Nelson's or future owners. Recommendation Staff recommends that the Planning Commission recommend approval I\ Staff Report SP #91-02, Vance and Mary Nelson Page 3 to the City Council of the special use permit request, SP #91-02, to allow the construction of a garage and additional living area in the CRP-2 district, with the following stipulations: 1. The addition shall be flood proofed in accordance with the requirements of the building code. 2. An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation. 3. The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment lost from the shop area and in addition agrees that the shop area shall not be converted to habitable living area. 4. The driveway shall be paved by November 1, 1991. SP #91-02 Vive/Mary t11p1Snn a `G3A011dY1I NA) �� nd ado� 8il d M 0 Z M M el 0 PUMO8 - .. --00.011� «. ..� p— of x _ 17 '1-.7 i t, l 7a.- iE ..".v.—.IL 01 O •~!� ..,� --� ALL - 13M 7wry w d 0ts-I ^ 1'' f7I e+ 7'6t_ u - L?1 A F. .+ - ! . •_� [6'60I� .. 0% - Kill N YY '- > �' '• v If f t $ • C7 O I z; r �r� >s t* VN• S Twit E t' F. s O s ILII — W i ' 11av Z €1 w Cie z ' 14 .� 1 i` f 3 N O • ua Mill i .1'2 Ei i jail i 111111111 t it 'Li Z I : !jgijjIJj c �� La Qr ua 4 ! F_ 1 . 11 . . s 1 W EXISTING SITE PLAN M. SP #9I-02 Vance/Mary Nelson i. • .J /1V - to ry L-1 a m t* z 0 ea N m a K OOS -, .. _-00 of t-. -- 14". 03 , .. • ia . i . —L- ri ';o•oc - o•,C . '.N . . • 1- • ‘) 11 t i - 11 :-:-:-.-."‘;:t':InCs • .ir '' tt•ts "_• !I ill - ••• 1 . i• -.L5 -.-- WLai v i awn-rINa 1 szz _a e1 - j1 1 L. . ' I• t/ •r• 16'601J 01 H.L O N •.., ,r . •- j •11111 1111 s s 0 E... bill a - W � '� $ .-..' ! • i s 4 C7r, S L4a2 a E - Z ' b . If i W WI- W$ ti ! 11 1 €i u. ,Zj. Z g : lili o 'g N c' o 11111 $ = U it ; ss • n • US iiiiii I 3..:0: < Z >1 LLB i i 0 + a1e1 Z. il V). >, 3 S 1 laltEili li : 2 . e U� L iIu t1It!Ii1i O PROPOSED SITE PLAN • SP #91-02 Vance/Mary Nelson • • . .[7N,_1^1Ya • • ' _ =—.--=..=NolLoav_ ♦ .. f- . I . is - - - ---- -• f`"r r ' •• 1 • •14 . i• • . . •: i ,,I, - Ill . l • • - • r . o' a .• : • • a� ia : - - I - - - • J I) . • ', 1 T II ..: illitir i LI • 1,i 1 r. ' Mi IIIIMIT i'' ,,, ( i 1. . h -- :— . • • • • L. ‘, • I FLOOR PLAN • SP #91-02 • Vance/Mary Nelson • . 1 • • t rE.H To KtrchiENu ou n ' • fGN lIN4l_.�_ �I , ` , 4\ . .. i ''`Ntip. . to, • . . . . -PAT _. ' - -r\ O . L &TH sM.ores A • . -_J t TE E . H.I LC "I p�ppcorot'2. .r . 0 SEC D 4D FlcaDIC ri.AN. . FLOOR PLAN SP #91-02 Vance/Mary Nelson • i t • • f • I I I . � 'f ITr i, 1 tzt . • E ;! 0 I . I i._ • I • ;., 2 j • I t . 1.. , R ,. , ,, „ri . _ ___ . #1.1•04.41{ItIV.I.az t••••• ...- I I I 4 . 4- \ ... o• I1 . . I ' n- �, ` — �Ari • ' . I:- '. 11 • s • : • L z � F F t , s `\\,\ • .� . ‘"A. • II . _ it) j q SECTION MIIIh. , SP #91-02 • Vance/Mary Nelson / I Z ; / 1 IIi z 1 Of i iI � j • i o • 1 I 1 I 1 rir2111 \ 41i1 .4 %) • t I_ -•- !I __ / � 1, 0111 7 i. Z Ti / .t.- . E,41. , h.. ; . , r • ! 1 11 --_�. _/i., I' . - - 1' it '.+ .I 1 I,,, ` ' i , . i I 0 . ii,lt '44 I i s „ ; i „; .."...Put—'14;-..-----..T.:•—f-:....—E--.—='..--7-11:! t---:— __„, i i i . i. • I_=_} II } ,jl -' ; I . • 11� i t 1 ji , �I i I , E II • �` I . it I • . „ lit 1 j • 1 , , • ,, , , -f . ,.. , , ,, , , ....____ ,. 11. I •;.:,---L _:. i . • : . • : � • . , I l ' !.iM1,1 ' i ' ' ,, . . . 1 , . •• i I :( .\ I -V( . ELEVATION M . PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, February 20, 1991 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 02, by Vance and Mary Nelson, per Section 205.24.04. (D) of the Fridley City Code, to allow the construction of a garage and additional living area in the CRP-2 (Flood Fringe) District, on Lots 18-21, Block Y, Riverview Heights, the same being 600 Buffalo Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: February 6, 1991 February 13, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. r 4 Planning 2/ 1/91 SP #90-02 MAILING LIST Council Vance & Mary Nelson Garland Lagesse James Brady 7951 Broad Avenue N.E. 641 Buffalo Street N.E. Fridley, MN 55432 Fridley, MN 55432 James Bowe/Resident Joel Marquardt 7919 Broad Avenue N.E. 7921 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 • James Bowe Earl Gemmill 2546 - 3rd Street N.E. 468 Longfellow Street N.E. Minneapolis, MN 55418 Fridley, MN 55432 Stephen Sundquist Kevin Holman 630 Cheryl Street N.E. 571 - 79th Way N.E. Fridley, MN 55432 Fridley, MN 55432 Clark Nason Bergsagel and Rogness 614 Cheryl Street N.E. 16515 - 6th Avenue North Fridley, MN 55432 Plymouth, MN 55447 Gordon Hedlund Walter Rasmussen 1255 Pike Lake Drive 541 - 79th Way N.E. New Brighton, MN 55112 Fridley, MN 55432 Frank Shimek Earl Gemmill/Resident 7901 Riverview Terrace N.E. 555 - 79th Way N.E. Fridley, MN 55432 Fridley, MN 55432 Bruce Thompson Robert Kohls 6212 Hillside Road 640 Cheryl Street N.E. Edina, MN 55436 Fridley, MN 55432 Bruce Thompson/Resident Vance Nelson 630 Buffalo Street N.E. 600 Buffalo Street N.E. Fridley, MN 55432 Fridley, MN 55432 Margaret Iverson City Council Members 7899 Broad Avenue N.E. Fridley, MN 55432 Planning Comm. Chair Barbara Bollig 581 Buffalo Street N.E. Fridley, MN 55432 Anthony Turek 611 Buffalo Street N.E. Fridley, MN 55432 M. 1 4 A-vGI1.. aafrltkeski-oq1 CITY OF FRIDLEY �d S5- Tom K".Vt ew 1,4 6431 UNIVERSITY AVE[ E N.E. t,Kat M H 530 FRIDIEY, MN 55432 ty Development Department (612) 571-3450 -4 7 2- SPECIAL PERMIT !APPLICATION FIORM 7ADPER Y I NFO TION - site plan required for submittals; see attached Address: (c�60 Ddr Lb s.T. Legal FFdescription: riot / ZJ) z,/Block Y Tract/Addition ki l Current zoning: V/ / t/ or Square footage/acreage My //b Reason for special use permit: 0o p PLAT f) Section of City Code: Z )S r Z/ . - . ( b) TEE OAR INFORMATION ...... (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME ( CJMic-• 4/1/1.0— ADDREsS 6 Co l3uFp,Lv ST. / / nAYTIME PHONE 7/i -3 6 y 1 SIC URE VC�t,a... I ii j 2 . DATE PETITIONER INFORMATION NAME 1 (�/(� , ADDS 66 o j3f)/ /frC b Sr. DAYTIME R ENE 7h, - 36 7 SIG A7URE ckmwe_ 1 'Q Q/ DATE .....___.. Fee:___... 00.O�j �� �� .._......__..... $100.00 for residential second accessory buildings Permit sP # �' 1 -0 Z Receipt # 3 f 9P4 Application received by: Scheduled Planning Commission date: J-e.13. O I l 9/ Scheduled City Council date: i STAFF REPORT APPEALS DATE CITY OF PLANING COMMISSION DATE : February 20, 1991 FRI DLEY CITY COUNCIL DATE AUTHOR BD/do REQUEST PERMIT NUMBER SP #91-03 APPLICANT ABRA Auto Body Refinishers of America PROPOSED REQUEST To allow exterior storage of materials and equipment LOCATION 7710 University Avenue N.E. SITE DATA SIZE 1 . 16 acres DENSITY PRESENT ZONING C-3, General Shopping Center ADJACENT LAND USES C-3, General Shopping Center to the North and South; & ZONING M-2, Heavy Industrial to the West; Spring Lake Park to irrij i S the East PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO No COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION 16. • • SP #91-03 • ABRA Auto Body • 6 (z) \ili /1 / ITv ,✓I,si�sr o v . 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LOCATION MAP L SP #91-03 • ABRA Auto Body 1-.- - • rig'. / z �y oz ii i'�iyTl� s R 1 RA i - 7 � A111 :Zia& / i / 'MAW �e11 • A Vi'....:Itie • ', 1 • •• • • • • ./ ►♦♦♦ .4., ,•III • • • •••• cr.).\ ,,,A," ". 4, .. . !e #, 4, /4011„*._•••+•:4 1 . • •••Kim • • �•j,�u�. :�/ iv � ♦♦♦♦♦♦ice♦�+. • A • • • • z 1 / �. •• • • • 6 • • CC.�, /i '. `�tireirs.....luio:r.4:610:CCi\ .T#7,84wH • >V ;Uf. / i� i-/J.,ii j� �� r� • • • • • • •. 7 ' o i A, ,, // `♦� ♦�1.®♦' • •• ♦•� \ / / ., f /� :•1=♦:♦a•♦a i• • • % / I V / cl,e ::::::::,•;:44 �� , •♦♦♦♦♦♦�� - --41 IE '0.../I c,6,....•e4p4b41141k.APilllr' ,, , iik %, V / / Itig 4 Re'N. .ir ;.:".,..444ij 1 • t' ,r , . ..19♦♦ - ' •N• vol \IWO&.1 • _ I \ 011Ir e I z AilISII441°Te L, � ILL! ; 1,1 c. ' i • a/ _, ,1 ' ' )111111k 1 - Al IliMi IPIIIIII:ttg) ,0 • Ailleriiii , - - ', ' t-- ‘ wia,p1-4P eli• _ • 1 �i�# 1r,•111 4iita, 41° ,•t 1A •, .ai-Loiticiisiss ‘dik 1( I. lief, 1=i! ly!1!1 i .' ' m r - ' - ole!ie 0 M PA/ 'NW . k ' .- "I' Inv - - k‘411'400 PC • • LP• G ! 1 • ' �.::•.- ir- / IT1TiV+r1. Pow ma,sms illllll fl111111 / _ ?L� J liC 31 .••s v l/fe111: i •••.ass.•,. :A,ikkAtfli rv •AKA CjR£ , ,,, Ai i ? '44 _r � ;AMP' 11 e SAD ' .� '� '' • / 4/1111 ,/, .����•i1'1ye 4 e2 / 1111�11111` tf?..�I> cM ,usv,l� n ZONING MAP Staff Report SP #91-03, ABRA Auto Body Page 2 Request ABRA is processing a special use permit in order to change stipulation #1 from their original special use permit, to allow a repair garage, which was issued on July 6, 1987 which prohibited the outside storage of damaged vehicles, parts, and equipment (see attached Action Taken letter) . The request is for Lot 4, Block 2, East Ranch Estates 2nd Addition, the same being 7710 University Avenue N.E. Site Located on the parcel is a one story brick building which is used to repair vehicles damaged in auto accidents. The property is zoned C-3, General Shopping Center. There is additional C-3 zoning to the north and south, with M-2, Heavy Industrial zoning to the west. The City of Spring Lake Park is located east across University Avenue. Analysis Section 205.15.01.C. (8) of the City Code does allow outside storage of materials and equipment with a special use permit. The petitioner proposes to expand the parking area and fence this area to store damaged vehicles and equipment. The petitioner originally agreed in 1987 that there would be no outdoor storage of damaged vehicles. The petitioner has been storing damaged vehicles in the parking area over the last six months (see attached correspondence from Steve Barg, Code Enforcement Officer) . In addition to storing the vehicles outside, the petitioner has failed to complete stipulation #9 from the original special use permit which required that the dumpster be stored inside or be enclosed in a masonry structure compatible with the existing structure. The City has determined that outdoor storage can occur in the C-3, General Shopping Center district. Northtown Nissan, directly north of the subject parcel, was granted a special use permit for outdoor storage of vehicles including boats. Northtown Nissan's storage area is fenced, but does not have slatting. As proposed, the storage area should be screened from public view. The expanded storage area should be paved and curbed, a screening fence should be constructed to enclose the storage area, and a masonry enclosure for the dumpster should be constructed. In addition, a performance bond for 3% of the construction costs of these improvements should be issued to the City to ensure that the work is completed. Staff Report SP #91-03, ABRA Auto Body Page 3 Recommendation Staff recommends that the Planning Commission approve special use permit request, SP #91-03, to the City Council with the following stipulations: 1. The parking area shall be expanded and paved with curbing. 2. A six foot high screening fence shall be constructed to enclose the storage area. 3. Stipulation #9 from SP #87-11 to enclose the dumpster shall be completed. 4. A performance bond in the amount of 3% of the construction costs of the outdoor improvements shall be issued to the City. • SP #91-03 ABRA Auto Body • o ♦ on , I o • I. k r Z • v O 8 • . • H L. 1 1_21__ , I -11 -i ;,...ad ..` I ,t' . T s f ''.t'f. tl'. 'e.'ti i >j. • 4 "t i I� t'�' ,j 7 is it. I 'ff " ate r�j.. a•�r A Zr... • I t4:tii r p r ' �=z` ,>s't a. I r til .1�: --: r%;.• ilers'''. :.1 tg..!CC At.i.,• Ar I -"M is ' 'i T` - ' • 01' ;4! • 1YRk ;'� h y I it-W-% ---. _g.,:,..2:4,„* . -.A , , ' ;t. —1 I I HI I I g . I Lt - 1-1 • - • _ __ _ ____�Area to _Enclosed I • I I I I I I I I I . I I I a' j.� I 1 1 1 1 1 1 1 ! I W (j'R • ,,n _ .._ i SITE PLAN CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 CITY COUNCIL ACTION TAKEN NOTICE Jim Benson September 24, 1937 Greg Bradbury 620 Mendelssohn Avenue, Suite 137 Minneapolis, NN 55427 Cn July 6, 1987 the Fridley City Council officially approved your request for a Special Use Permit, SP #87-11, to allow a repair garage on Lot 4, Block 2, East Ranch Estates Second Addition, the same being 7710 University Avenue N.E. with the following stipulations: 1. No outside storage of damaged vehicles or any parts or equipment allowed. 2. Provide proof of permits f rcn Anoka County to handle hazardous wastes. (completed) 3. All overhead doors and man doors to match building striping. 4. Supply building facade material samples for staff approval prior to permitting. 5. Provide additional evergreen screening of overhead door areas. To be incorporated on landscape plan ty 6/29/87. (completed) 6. All green areas to have automatic sprinkling.(on p&an5) 7. Provide concrete curbing 5 foot setback off building where no overhead doors are planned. ph pkolb) 8. Provide plans and specifications for odor mitigation equipment. Draft filtration system to be approved by Staff. (completed) 9. Dempster to be stored inside or in a masonry enclosure compatible with structure. 10. All roof top equipment to be screened fran view. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely ones L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by Octnl-pr 8, 1987. cc: Robert Schroer . « ncur with action taken fliej CIIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(612)571-3450•FAX (612)571-1287 January 10, 1991 Steve Weisenberger, Manager • AMA Auto Body 7710 University Avenue N.E. Fridley, MCI 55432 RE: Final Notice of Ncnoatplianoe of 7710 University Averse N.E. Dear Mr. : On November 19, 1990, I sent you a letter regarding failure to comply with two stipulations of your special use permit, SP #87-11, which allows the operation of a repair garage at the above address. The two items of noncompliance were as follows: 1. No outside storage of damaged vehicles or any parts of equipment allowed. 2. Dunpster to be stored inside or in a masonry enclosure compatible with the structure. Since that time, I have spoken with you twice and conducted several reinspections. Ycu have indicated an interest in applying for a special use permit allowing outside storage of damaged vehicles in a portion of your present parking area to be screened by appropriate fencing. Despite stating this intention, we have not received a completed special use permit application from you, and my recent observations reveal that the two items remain in noncxnplianoe. It is important that you submit a completed special use permit application or make necessary arrangements to correct these two violaticns by January 18, 1991. Should you fail to follow either one of these options by this date, I will refer this matter to the City Attorney for preseouticn. Feel free to call me at 572- 3595 if you have questions or wish to 1ic" -s this further. Sincerely, Steven Barg Planning Assistant SB:ls cc: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant • CE-91-07 CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY.MN 55432•(612)571_3450•FAX (6121 57I-1287 November 19, 1990 Steve Weisenberger, Manager ABRA Auto Body 7710 University Avenue N.E. Fridley, MN 55432 RE: Property at 7710 University Avenue N.E./SP #87-11 Dear Mr. Weisenberger: On July 6, 1990, the Fridley City Council issued a special use permit, SP #87-11, to allow the operation of a repair garage at the above address, subject to ten stipulations (copy attached) . A recent inspection revealed noncompliance with the following two stipulations: 1. No outside storage of damaged vehicles or any parts or equipment allowed. 2. Dumpster to be stored inside or in a masonry enclosure compatible with the structure. It is important that ABRA operate in full compliance with all terms and stipulations of this special use permit, since failure to do so may result in its revocation. Please discontinue outdoor storage of damaged vehicles and make appropriate arrangements for dumpster screening immediately. I will inspect the property on or shortly after December 3, 1990, at which time full compliance is expected. Please call me at 572- 3595 if you have questions or wish to discuss this further. Thanks for your cooperation! Sincerely, Steven Barg Planning Assistant SB:ls cc: Barbara Dacy C-90-973 I. PLANNING COMMISSION MEETING, JUNE 3, 1987 PAGE 9 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-11 , BY J. BENSOIl AND G. BRADBURY: Per Section 205.15.1 , C, 4, of the Fridley City Code to allow a repair garage on Lot 4, Block 2, East Ranch Estates Second Addition, the same being 7710 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Svanda, to open the public hearing. Upon a voice vote, all voting aye, Chairperson Billings declared the public hearing open at 8:35 p.m. Mr. Robertson stated this was a very complex case. The next three items were inter-related. He stated the first action was for a special use permit for a repair garage along University Ave. on the west side, north of Osborne Road. The property was zoned C-3, heavy industrial. A repair garage was a use allowed in C-3 only with a special use permit. In connection with this, agenda item #3 was for a lot split which was part of a split and a recombina- tion of existing parcels in order to get sufficient lot size for the auto repair facility (item #2). Mr. Robertson stated item #4 on the agenda was a vacation of two existing easements: (1 ) a 20 ft. drainage and utility easement; and (2) 1/2 of a 30 ft. street and utility easement. This must be done because the existing sewer line would have to be relocated which runs currently along the rear property line to a point west of it. (Item #2) Mr. Robertson stated he met with one of the petitioners, Mr. Jim Benson, and there were two issues Staff felt should be brought to the attention of the Planning Commission: (1 ) the fact that there is no record of an easement or dedicatinn for a road connecting to Ranchers Road, although it was the petitioner's understanr'ing.that they do exist. The lack of this piece would make access to these parcels difficult, if not impossible, thereby inadvertently creating land- locked parcel which was not in the best interest of the owner of the City. (2) the position of the piece of property that was left to the north--an awkward left-over parcel which might, in fact, be of little value to anyone unless the petitioner has some kind of development plan or staging plan that addressed the ultimate development of that niece. Mr. Benson stated he was the developer working with the company, ABRA, who will be building the building. Mr. Benson stated that currently none of the property, Lot A and Lot B, was landlocked because it was all owned by Bob Schroer. The piece of land that Mr. Robertson had referred to was now owned by Mr. Schroer. So, today what they were talking about was putting the new repair facility on the eastern part of Lot C and Lot D and the balance of the property was owned by Mr. Schroer. The questionable piece was the lm rthern part of Lot A, and they do not want to Tee- tt become landlocked. Mr. Robertson stated Staff was recommending the following stipulations : 4 PLANNING COMMISSION MEETING, JUNE 3, 1987 PAGE 10 1 . No outside storage of damaged vehicles or any parts or equipment allowed. 2. Provide proof of permits from Anoka County to handle hazardous wastes. 3. Eliminate one overhead door on the east side of the building. 4. All overhead doors and man doors to be tan colored to match building. 5. Supply building facade material samples for staff approval prior to permitting. 6. Provide additional evergreen screening of overhead door areas. To be incorporated on landscape plan by 6/29/87. 7. All green areas to have automatic sprinkling. 8. Provide concrete curbing 5 foot setback off building where no overhead . doors are planned. 9. Provide plans and specifications for odor mitigation equipment. Down draft filtration system or better required. 10. Dumpster to be stored inside or in a masonry enclosure compatible with structure. 11. All roof top equipment to be screened from view. Mr. Benson stated Randy McPherson who was President of ABRA and Roland Benjamin who owned Northtown Nissan and who was also part of the project were in the audience. Mr. Benson stated they have a problem with stipulation #3 regarding the elimination of the one overhead door on the east side of the building. He stated ABRA was a national franchise. This would be their national proto- type building. Alot of thought has gone into the building, and they have worked with the City in terms of the materials for the building. He stated ABRA was in the autobody refinishing business, and their whole concept was to take the auto body refinishing business from the "back yard" type business into a first-class customer-oriented type of business. They are currently located on 81st and University. He stated the flow of the business was such that the cars go in one door and then the finished product comes out the other door. He stated these doors are in the front Of -the building, but they are not sitting open for the public to see. That second door was only open to take the car out of the facility and then it was closed again, because that was a critical area when the cars come- out of the paint room. This door was also a second exit for cars that are being held for repair inside during inclement weather. Mr. Benson stated eliminating either one of the doors almost rendered the entire building unuseable. They have tried to mitigate the impact of the PLANNING COMMISSION MEETING, JUNE 3, 1987 PAGE 11 doors in front. The doors were only 10 ft. by 10 ft. The striping of the material and the combination of bricks and the design will go straight through the doors. He believed the doors as they were situated with the landscaping as proposed for the front of the building and the fact that these _ doors are opened very seldom would make these doors less visible to the public. Mr. Robertson stated with the upgrading of the University Avenue Corridor, it was the City's general policy to limit any potential unsightly building fronts. So, they are asking for the same thing from all developers along University Ave. in order to enhance the appearance of University Ave. Mr. Benson stated they would have no problem with putting heavier landscaping with evergreens in front of the overhead doors. Mr. Benson stated they also had a problem with stipulation #9 regarding the requirement of a down draft filtration system or better. He stated he would let Mr. McPherson describe their equipment. Mr. McPherson stated they do not incorporate down drafts, but use a "cross flow" and it was all OSHA approved. Everything they do is OSHA approved. They just had OSHA through their present building in Fridley about six months ago, and everything was checked. Mr. Billings stated maybe stipulation #9 could be changed to read: "Provide plans and specifications for odor mitigation equipment. Draft filtration system to be approved by Staff." Mr. McPherson stated he believed as strongly as the City that this should be a good looking building. They are really trying to set the standard for this type of industry. This plan will be their national role model. He wanted to bring people from all over the country to see what they have done here in Fridley. He hoped in a couple of years to build a corporate facility and training facility in Fridley, so they plan to stay in Fridley and be good neighbors. The one big problem was they could not eliminate the one over- head door. If he could do anything about it, he would. One reason they have the doors to the south was because of the restaurant to the north. He did not think people using the restaurant should have to see cars coming in and out. MOTION BY Mr. Betzold, seconded by Mr. Kondrick, to close the public hearing. Upon a voice vote, all voting aye, Chairperson Billings declared the public hearing closed at 9:10 p.m. MOTION by Mr. Betzold, seconded by Mr. Kondrick, to recommend to City Council approval of Special Use Permit, SP #87-11 , by J. Benson and G. Bradbury, per Section 205.15.1 , C, 4, of the Fridley City Code to allow a repair garage on Lot 4, Block 2, East Ranch Estates Second Addition, the same being 7710 University Avenue N.E. , with the following stipulations: PLANNING COMMISSION MEETING, JUNE 3, 1987 PAGE 12 1. No outside storage of damaged vehicles or any parts or equipment allowed. 2. Provide proof of permits from Anoka County to handle hazardous waste. 3. All overhead doors and man doors to match building. 4. Supply building facade material samples for Staff approval prior to permitting. 5. Provide additional evergreen screening of overhead door areas. To be incorporated on landscape plan by 6/29/87. 6. All green areas to have automatic sprinkling. 7. Provide concrete curbing 5 foot setback off building where no overhead doors are planned. 8. Provide plans and specifications for odor mitigation equipment. Draft filtration equipment system to be approved by Staff. 9. Dumpster to be stored inside or in a masonry enclosure compatible with structure. 10. All roof top equipment to be screened from view. Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously. 3. CONSIDERATION OF A LOT SPLIT, L.S. #87-04, BY J. BENSON AND G. BRADBURY: Split off parts of lot 3 and 4, Block 2, -East Ranch Estates 2nd Addition, to create three parcels to be added to existing tax parcels, generally located at 7710 University Avenue N.E. Mr. Robertson stated Staff was recommending the following s ations: 1 . Parcels A and B to be added to Lot 1 , Block 1 , Ranch Estates First Addition to preclude landlocking remain • g vacant property. 2. Parcel C to be combined with Parcel i it new development and recorded with lot split. 3. Any further subdivisions of .cant property to require a replat of the area. 4. Legals for lot s. , L.S. #87-04, subject to County approval ; if not approved, a • . will be required as per County direction. 5. A par -e of approximately $2,841 to be paid prior to recording sp ' . Exact amount equal to square footage X .023. • . Benson stated they did not have any problems with the stipulations. COUNCIL MEETING OF JULY 6, 1987 B. CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-11, TO ALLOW A REPAIR GARAGE ON LOT 4, BLOCK 2, EAST RANCH ESTATES SECOND ADDITION, GENERALLY LOCATED AT 7710 UNIVERSITY AVENUE N.E., BY J. BENSON AND G. BRADBURY: Mr. Robertson, Community Development Director, stated the Planning Commission reviewed this request for a special use permit at their June 3 meeting and recommended approval with ten stipulations. He stated the petitioner agrees with these stipulations. Mr. Benson, the petitioner, stated Mr. McPherson and Mr. Benjamin would be the owners of this auto refinishing business. He stated the entire concept is to have a first-class customer oriented business. He stated ABRA would be involved in refinishing and light auto body work and high-tech equipment would be used. Mr. Benson presented photos of a similar building and drawings of the proposed structure. He stated the building would be very attractive with brick and rock face block. MOTION by Councilman Goodspeed to grant special use prmit, SP #87-11 , with the following stipulations: (1) no outside storage of damaged vehicles or any parts or equipment allowed; (2) provide proof of permits from Anoka County to handle hazardous waste; (3) all overhead doors and man doors to match building; (4) supply building facade material samples for City staff approval prior to building permit; (5) provide additional evergreen screening of overhead door areas (to be incorporated on landscape plan by 6/29/87) ; (6) all green areas to have automatic sprinkling; (7) provide concrete curbing 5 foot setback off building where no overhead doors are planned; (8) provide plans and specifications for odor mitigation equipment; draft filtration equipment system to be approved by City staff; (9) dumpster to be stored inside or in a masonry enclosure compatible with structure; and 10) all roof top equipment to be screened from view. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 24, • . : A. CONSIDERATION OF A PRELIMINARY PLAT, P.S. #87-06, SHO'+ PLAZA, GENERALLY LOCATED SOUTH OF WEST MOORE LAKE b . ' E, EAST OF HIGHWAY 65, NORTH OF MOORE LAKE AND WEST OF TRAL AVENUE, BY ST. ANTHONY VILLAGE SHOPPING CENTER: MOTION by Councilman Schneider to set . - public hearing on this plat for July 20, 1987. Seconded by Councilm- Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared th- motion carried unanimously. B. CONSIDERATION OF A VAC- ON, SAV #87-05, TO VACATE THAT PART - OF LOT 17, AUDITOR' UBDIVISION NO. 88, GENERALLY LOCATED SOUTH OF WEST Moe •+ LAKE DRIVE, EAST OF HIGHWAY 65, NORTH OF MOORE LA'S ND WEST OF CENTRAL AVENUE, BY BRODY ASSOCIATES, INC. MOTIO • Councilman Schneider to set the public hearing on this vacation -5- PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, February 20, 1991 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 03, by Steve Weisenberger for ABRA, per Section 205. 15.01.C. (8) of the Fridley City Code, to allow exterior storage of materials and equipment, on Lot 4, Block 2, East Ranch Estates Second Addition, generally located at 7710 University Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: February 6, 1991 February 13, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Planning 2/ 1/91 SP #91-03 MAILING LIST Council Steve Weisenberger ABRA University Station Steve Weisenberger 7610 University Avenue N.E. 7710 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Planning Comm. Chair Chase Company 5353 Gamble Drive, #310 City Council Members Minneapolis, MN 55416 WBDH Realty Co. 7810 University Avenue N.E. Fridley, MN 55432 WBDH Realty Co. 7825 Washington Avenue S. Minneapolis, MN 55435 Pannekoeken Huis 7730 University Avenue N.E. Fridley, MN 55432 Kennedy Transmission 7700 University Avenue N.E. Fridley, MN 55432 Kenneth Niebuhr 7501 Hyde Park Drive Minneapolis, MN 55435 Machining Inc. 7773 Rancher's Road N.E. Fridley, MN 55432 William Minder 2100 Lyndale Avenue South Minneapolis, MN 55405 Bob's Produce 7620 University Avenue N.E. Fridley, MN 55432 Robert Schroer 7620 University Avenue N.E. Fridley, MN 55432 Malmborg's Nursery 7616 University Avenue N.E. Fridley, MN 55432 Flower City 7618 University Avenue N.E. Fridley, MN 55432 • CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.B. FRIDLEY, MN 55432 Comity Development Department (612) 571-3450 SPECIAL DBE PERIaT APPLICATION FBI PROPEWIT INFORMATION - site plan required for sulmnittals; see attached Address: 116g t4 11 10 Vitt t r S 1 ,4 'e- ft)£ Legal description: e t Qc„.1 f l .c r y-- Lot Li Block Z. Tract,/Addition E04.54 E5Valcs Sta 1 Current zoning: (. - 3 Square footage/acreage Reason for special use permit- E.. cr,r v. Pc ^ 5 u-(-A- a s4J c•c�o� ct,* -1o✓ ov¢ o✓ S ✓-cie I d -F tieArc/tc 9- /` Section of City Code: yEE oWNERINFORMATION (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME (',1ta5t Cy ADDRESS 5'3 br •j 16 35"i ( (4, OP,StT= PHONE Sz 5- ,o co SI tP i iu .cl L1ATE /-7/ PETITIONER CN NAME aslttkf ADLRESS l it/✓.e�5S% five, / �lD ,r / hi) s35 — PHONE s-74/ SIGNATURE �` aziTE /—//70 Fee:_____'7saoo.oo -_.... _ _ .._... $100.00 for residential second accessory buildings Permit sP # ei t -Off• Receipt # .S 19 71 Application received by: 1M L€k Y6'1-P1 eA7 r Scheduled Planning Camaission date: 2o/ 1111 Scheduled City Council date: 6J �L �r r wiri iliaSTAFF REPORT APPEALS DATE CITY OF PLANNING COMMISSION DATE : February 20, 1991 FRIDLEY CITY COUNCIL DATE AUT MM/dn REQUEST PERMIT NUMBER L.S. #91-01 APPLICANT Charles Seykora PROPOSED REQUEST To split off 3.5 feet of Lot 6 and combine it with Lot 7, Pearson's Craigway Estates 2nd Addition LOCATION 7836 and 7830 Alden Way N.E. SITE DATA SIZE DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling to the N, S, E, and W & ZONING UTLITES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION IL • • Charles rleils91S—e°yIkora S /4/2 C) _ sea T. so 3 cyry 1 OP C) FR/DLE n I, ,,,, .....••--. , , ., . ' \ —wawa \ ,. —,- 0,A • P ..; STREE1 e la or),...,.V•, • ..," - ' --.... . 1,' 4 i,...... .4-7.c. • c'.-" \ \ ,..'i 1,y-'••„., . " . . -- - .'''., v ....ti,,,,,N, .1,. 01-:.' , ,,,,, ovg),- •' :.1 .„.17,)1".• , LA giNGIA •x.._ r -r.,s • IIIIPTIV. 1,' ''''‘' ti 4#,1.‘.•-.. .1, ,.-.!'11.- ,,• • , , ,..,. ,. ., ...., ,.. .„.........„,, , .4 • 'At . ' • 0 •0.A . ..,._•.to•,-., ••• A ,• ' .....-0..., ,. /01 .".. . ,-', I •y AI Fr:. • A.....v , 44. '..1r.•?; ''.;.• ' r. 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' s• 49. ,,..---• .. ",i,,, 4., +. • .0 •••• : "P ' \>,' '' 't::'. l'Co '"' • A l'A .1 *1 \-.C\ -- e - •• '-..\.., ' - .....-- • • C..- l— \ -. Ir. , 41,41,- Nc, .....,, ,,,..• . is... x . [ --4- vx\ \ . . , • .. .. • ‘..- ti . ..• . .), . ,, ,.. ika ,. . • , , ... ie' \'' 4. .... 10 4 .., 0' .-• \\0, 1.` i.,, •-(„4 '""• ' e- .' ".• ' f , • ,,• CO . , \ \ ..,..,‘ , LIII,P:..,•, ..,, ------7:.4 4.• - • le ,. , • . 7. 4..-. $MI come, ' ,,,,,, ' ' C.) \ . • , 5(C...! ‘• L 0 CA TIONA______. MP L L.S. #91-01 • Charles Seykora .1 f •-' 'Nu,' •, 4 \ Z>4 (n.) e'''& s.) s) D '' i j e)r.14 , OF ) 3 (.:i J fr.') i(* S .•.> , ,� d .0 0 ;, , O ..0 lot.? � " � y i 1r ,. . . pimp \ ,.;.' • ,...,' -,,- -ems0 , ' F .- t22111111111 .4iiillniii 0 V IRONTON R ET j CI 1 •- Orel '- ' s-R � ; 0, I. : ' • SPRI i6. \ 4 • . ...+ alaiiBpit 0. in. ;Illet•INIIIMfg.is:; imial=allii A.I Err Vr err.. 1 , I% . :. Mal tIMINiq iii,c,_ '07,- 6 Itigantliii IN , J 9 Isvi+-ipitra MEM ret V," Ink ,m-- ./.III. A , A ef. , • *1&• % CIEN • t.r l . v)r LY ^ ST V4 ey; % Tots El;‘ fi Sk 6; / := P P a / ) ♦ LIBERTY ST. / Z�♦♦♦ 0 - 7 Os tg• .n N•\ligHt QO ♦♦ LONG LLOW ST. yfit• I' . `' ♦♦♦� IRE T '� N fF. � 9; • • \ • 46 • ' \ta ' �. • ♦ . • • • • • • • 1•i•i'Y 1\ j1 . ., ,s6 \) • ,41‘'t 440 g , 4 4 1 . *is \ •••••••• ••ik:. . w ..,4.„, \ ' .. ``2 cY.t• 1.13° � ' '•r • • • • • • • • • • • . y •\ _ - t ♦' �y S . /k.: . AAA f ZONING MAP • Staff Report L.S. #91-01, Charles Seykora Page 2 Request The petitioner is proposing to split 3.5 feet of Lot 6 to combine it with Lot 7, Block 5, Pearson's Craigway Estates 2nd Addition, the same being 7836 and 7830 Alden Way N.E. Site Both lots have single family dwelling units located on the parcels. The lots are located along the Mississippi River bluff line and overlook the Riverview Heights park and the Mississippi River to the west. The properties are zoned R-1, Single Family Dwelling as are the parcels to the north, south and east. Riverview Heights Park is zoned P, Public. Analysis The proposed lot split is relatively minor and will not create nor eliminate any lots. The purpose of the lot split is to rectify an encroachment of a sidewalk from Lot 7 onto Lot 6, Block 5, Pearson's Craigway Estates 2nd Addition. Both lots have a width of 100 feet and lot areas of approximately 21,000 square feet. The proposed lot split will not adversely impact either lot nor will it impact surrounding lots. The new legal description should be described on one tax statement. Recommendation Staff recommends that the Planning Commission recommend approval of the proposed lot split, L.S. #91-01, to split 3.5 feet of Lot 6, Block 5, and combine it with Lot 7, Block 5, Pearson's Craigway Estates 2nd Addition, with the following stipulation: 1. The portion to be split shall be combined with Lot 7 and expressed on one tax statement. L.S. #91-01 Charles Seykora tui.3l rllbbibSiiYI BLVD. N.W., COON RAPIDS, MN CERTIFICATE OF SURVEY: Charles LaRue ALDEN WAY • \ • _ )OO.0 .N 41'29'W_ `� i . I I � IN ' . m • . I• = g od i "z z 4\`�. 2 0.Ss40�\\\�„\\ �1- — Al \ 1` ` S • 0 \ \ * CN LAY� _sl_ = • • 14.7 QN 4\i . ,� 4' I.5-F WALKeur ; (\13 aI •H No.7B3G ; 3 9' 9-- • .CI 23.5 �\ — \ Ib.3 -.A. . `� T• • CO vi in 41 is 0% 'Lt ri.1� I . a. DETAIL OF ELEVATIONS a0 ' 0 •, �-x �j Denotes Iron Set E � I • -q Denotes Iron Found • • V► I . I Denotes Wood Hub on lin: • I 6668-258/20-22 . 1 I t • S �� 100.0 S4/•.3e'/e'j' Lot 6, Block 5, PEARSON'S CRAIGWAY ESTATES 2ND ADDITION, . •• Anoka County, Minnesota I NIRIIY CIRTIFY THAT THIS IS A TRUI AND.CORRICT RIPRISINTATION OF A SURVIY OP THI DOUNOARIIS OP MI AIOVI OISCRIIIO LAND, ANO THI LbCATION OF ALL SUILOINOS, THIRION, ANO ALL VISIILI IN. . CROACHNINTS, IF ANY,TROY OR ON SAID LAND. AS SURVIVeS IV MI THIS !th DAV O' April A.O. N�0 • ... N.C.NOIUMAN/SSOS{/�Tll,/ • • / �� ,r( SITE PLAN MI=11=111111111 . • CI1YOF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432•(612)571-3450•FAX (612)571-1287 February 1, 1991 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a lot split, L.S. #91-01, by Charles Seykora, to split off that part of Lot 6, Block 5, Pearson's Craigway Estates 2nd Addition, Anoka County, Minnesota, which lies southeasterly of a line 3.5 feet northwesterly of and parallel with the southeast line of said Lot 6, and combine it with Lot 7, generally located at 7836 aand 7830 Alden Way N.E. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, February 20, 1991 at the Fridley Municipal Center, 6431 University Avenue N.E. , at 7: 30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION MAILING LIST Planning 2/01/91 L.S. #91-01 Council Charles Seykora Ronald Crego James Hanson 7854 Alden Way N.E. 7824 Pearson Way N.E. Fridley, MN 55432 Fridley, MN 55432 I.M.V. International Corp. Thomas Stevenson 7846 Alden Way N.E. 7819 Alden Way N.E. Fridley, MN 55432 Fridley, MN 55432 I.M.V. International Corp. Segwald Reckdahl 6870 Shingle Creek Parkway 7823 Alden Way N.E. Brooklyn Center, MN 55430 Fridley, MN 55432 Victor Seiler Harold Mernin 7842 Alden Way N.E. 7829 Alden Way N.E. Fridley, MN 55432 Fridley, MN 55432 Charles LeRue William Stevens 7836 Alden Way N.E. 7835 Alden Way N.E. Fridley, MN 55432 Fridley, MN 55432 John Meador Clint Ward 7830 Alden Way N.E. 7841 Alden Way N.E. Fridley, MN 55432 Fridley, MN 55432 James Black Bradley Richter 7824 Alden Way N.E. 7847 Alden Way N.E. Fridley, MN 55432 Fridley, MN 55432 Karl Schurr Barna, Guzy, & Steffen, Ltd. 7818 Alden Way N.E. Charles Seykora Fridley, MN 55432 301 Anoka Professional Building 403 Jackson Street Yevette Pawlyszyn Anoka, MN 55303 7844 Pearson Way N.E. Fridley, MN 55432 Planning Commission Chair Curtis Obermoller City Council Members 7838 Pearson Way N.E. Fridley, MN 55432 Leonard Shea 7830 Pearson Way N.E. Fridley, MN 55432 II DEC 27 '90 17:06 STEFFEN & MUNSTENTEIGER P.2 CITY OF FRIDLEY 6431 tULVER8ITy AVMS H.E. FR. 7i, /el 55432 wit tv DsyeZoMFAt D *+ •+t (612) 571-3450 IMMALAIMMIZELENN M_ 'Y_ ,TOO !'ATI0 site • plan required for submittals, see attached Address: N.E., Fridle , M 7 Ald Wa in nesota 55432 Legal description: Lot 6 _ Block 5 Tract/Addition Pearson's Craigway Estates iggition Q went zotung: Single family/residgare fco /fie 21,100 sq. ft/.48 acres Reason for lot split: Wish to sell 3.5 foot strip of property to adjoining landowner, since adjoining landowner's sidewalk encroaches onto this property. FEE OWNER INFORMATIM (Contract Purchasers: Fee Owners must sign this fore prior to processing) NAME John T. Meador and Collene D. Meador ADCRESS 7830 Alden Way N.E., Fridle, Minnesota 55432 (Lot 7, Block 5, Pearson's Craigway Estates 2nd Addi t...n) —"A" DAYTIME PHONE SIGNATURE !.:. -��`� ,� )a - 7 - J. T. Meador Collene D. Meaaor YET ��'jj}}""�����/��y����yy���y��y�y M�r��IMMIYww�I�.`M.YyO1.MM.V MA.r.��I.IM�.M. ricf�m INFoRMATIoN NAME Charles M. Seykora, Attorney at Law ADDS 301 Anoka Professional Building, 403 Jackson Street, _Anoka, Minnesota 55303 EAyTf pj 427-6300 Gam) , 1/ STTc��A/t�yU�E� L..l.Cl1 J.;rIML.r !l� %%�� i�i�f7r��Ai�C. / LA TE Fee: $100.00 M ti.��yVIVIVI���...y.y IM/Vr..�Y.I.YA/�i�.yyll..Yr Permit r..s. # 9 / - 0/ Recepit # �( a Application received by: .7 Scheduled Planning Commission date: i, . �-h,c4e41 ;04j I l R� Scheduled City Council date: "7 N/A� / L I . Charles E. LaR la M. LaRue MM• • BARNA, CUZY & STEFFEN, LTD. ATTORNEYS AT LAW ROBERT A.GUZY 301 ANOKA PROFESSIONAL BUILDING MICHAEL F.HURLEY BERNARD A. MERRILL 403 JACKSON STREETRICHA THOMAS L DONOVAN ROBERT D MERRILL ANOKA.MINNESOTA 55303 PAMELA M.HARRIS ROBER C.HYNES SHARON L HALL STEPHEN H.MUNSTENTEIGER KENNETH A.AMDAHL RICHARD A.KEENS 612/427.6300 CHARLES M.SEYKORA RONALD B.PETERSON FAX:612/427-6929 WILLIAM A.JENSEN M.HANSEN JEFFREY S.JOHNSON JOAN M.THIEMAN RUSSELL H.CROWDER BEVERLY K DODGE JON P.ERICKSON DANIEL D.GAMER LAWRENCE R.JOHNSON JOAN M.OUADE OAVID A.COSSI SCOTT M.LEPAK THOMAS P.MALONE STEVEN L MACKEY OF COUNSEL PETER BARNA January 15 , 1991 NANCIE R.THEISSEN LAWRENCE M.NAWROCKI PATENT.COPYRIGHT AND 1 RAOLMARK LAW City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Attention: Community Development Department In Re: Lot Split of Strip of Property off of Lot 6, Block 5 , PEARSON' S CRAIGWAY ESTATES 2nd ADDITION, Anoka County, Minnesota Dear Sir or Madam: Enclosed with this letter, please find a Lot Split Application Form which has been fully executed by Charles E. LaRue and Pamela M. LaRue , the owners of Lot 6 , Block 5 , PEARSON'S CRAIGWAY ESTATES 2nd ADDITION, and John T. Meador and Collene D. Meador, the owners of Lot 7 , Block 5 , PEARSON' S CRAIGWAY ESTATES 2nd ADDITION, and myself, as the Petitioner in this matter. Also enclosed with this letter, please find 1 ) a copy of a survey of Lot 6 and part of Lot 7 , Block 5 , PEARSON' S CRAIGWAY ESTATES 2nd ADDITION, 2 ) a copy of a portion of the half-section map showing these two parcels of property, 3 ) a copy of a deed from Charles E. LaRue and Pamela M. LaRue to John T. Meador and Collene D. Meador, and 4 ) a check for $100 .00 for the lot split application fee. By a review of the survey, you can see that the sidewalk of the Meadors encroaches slightly onto the property of the LaRues (Lot 6 ) . To correct this encroachment problem, the LaRues agreed to sell to the Meadors a 3-1/2 foot strip of their lot along the southeasterly boundary line. The deed from Charles E. LaRue and Pamela M. LaRue to John T. Meador and Collene D. Meador is for a 3-1/2 foot strip of Lot 6. The legal description used in this deed has been approved by the Anoka County Registrar of Titles as correct , and is a simple fractional legal description as required in Minnesota Statutes Section 508 . 47 , subd. 2 , so that a registered land survey is not necessary to record this quit claim deed. • City of Fridley Attention: Community Development Department January 15 , 1991 Page 2 Please contact me if there are any additional documents or assistance I can provide to proceed with this lot split application. Thank you. Sincerely, BARNA, GUZY & STEFFEN, LTD. 2,1 Li Charles M. Seykora CMS/ba Enclosures cc : John T. and Collene D. Meador Charles E. and Pamela M. LaRue Universal Title Insurance Company 1 i � CITY OF FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY MEETING, JANUARY 10, 1991 CALL TO ORDER: Vice-Chairperson Schnabel called the January 10, 1991, Housing & Redevelopment Authority minutes to order at 7:40 p.m. ROLL CALL: Members Present: Virginia Schnabel, Duane Prairie, John Meyer Members Absent: Larry Commers, Walter Rasmussen Others Present: William Burns, Executive Director of HRA Barbara Dacy, Community Development Director Jim Hoeft, HRA Attorney Rick Pribyl, Finance Director Paul Hansen, Accountant Steve Billings, City Councilmember Jim Casserly, Development Consultant Terry Moses, BMB Realty Investments Ray Wormsbecker, Caba Realty Doug Erickson, Fridley Focus Lisa Williams, 2742 Hennepin Ave. S. APPROVAL OF DECEMBER 13, 1990, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Meyer, seconded by Mr. Prairie, to approve the December 13, 1990, Housing & Redevelopment Authority minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA: Mr. Burns stated he would like to add an item, Lake Pointe Maintenance, to the agenda under "Action Items" . 1. RMS DEVELOPMENT AGREEMENT Mr. Burns stated that at this meeting, the HRA is being asked to consider a proposal to return 50% of the value of outstanding assessments for public improvements to RMS Company. These assessments are for projects involving street widening, resurfacing, and the construction of a storm sewer. A lot of this occurred on Commerce Lane in 1989 and 1990. It HOUSING & REDEVELOPMENT AUTHORITY MEETING, JAN. 10, 1991 PAGE 2 also involved some storm sewer work on Main Street in the vicinity of this property. Mr. Burns stated the RMS Corporation is a manufacturer of parts for the aircraft industry and large companies requiring other precision metal parts. RMS currently employs 248 people at four different locations: Baker Street, Osborne Road, 81st Avenue, and 2,500 sq. ft. location at the Martens/Brenny building on 83rd Avenue. Mr. Burns stated RMS plans to purchase a 8.9 acre site at the northwest corner of Osborne Road and Main Street. The preliminary plan is to construct a 70,000-80,000 sq. ft. building which will cost an estimated $4-5 million. Total taxes on the property are estimated at $2 .75/sq. ft. or $206,225. The local share of that will be $33,000. The new consolidation of the three facilities will create 50-75 new jobs; and if another company is included as part of a buy-out, there would be 140-150 new jobs. Mr. Burns stated RMS is a privately held subsidiary of Cretex Corporation in St. Cloud, Minnesota. They expect another division of Cretex to move to the 12, 000 sq. ft. facility on Osborne Road. Mr. Burns stated there are several justifications for the HRA spending the approximately $40,000-50, 000 to RMS: 1. The project is consistent with the objectives of the HRA's redevelopment plan for the subject area. 2 . The assistance will enable the City to retain 250 jobs and create another 50-75 jobs. 3 . The property tax benefit ($33,000 per year) is supposed to cover the cost within two years. 4. The proposed level of assistance is about 1-2% of the total construction value. Mr. Burns stated Jim Casserly has drafted the development agreement, and he would like Mr. Casserly to review some of the details of the development agreement with the HRA. Mr. Casserly stated the development agreement handed out at the meeting is the latest version. He stated the two kinds of changes made were at the request of RMS and its legal counsel: 1. RMS wanted to make it very certain that the company was not obligating themselves to build a building HOUSING & REDEVELOPMENT AUTHORITY MEETING, JAN. 10, 1991 PAGE 3 right now, and they understand they will not receive any assistance if they do not build a building. 2. Because they are still in the design and planning stages, they really wanted to give themselves a little more leeway for the size of the building. Legal counsel has said they have not yet determined the final size of the facility, and they did not want to be limited to a certain size. Mr. Casserly stated he put in the agreement that the building size has to be at least 50,000 sq. ft. and have a value of at least $2 million. Mr. Casserly stated it is a very straight-forward development agreement. He stated there is also a two page resolution, and there are no changes to the resolution. Mr. Meyer asked if there is any history where the HRA has aided a developer by paying a portion or all of the special assessments. Mr. Burns stated he believed the HRA paid for the special assessments on the west side of the Moore Lake Commons project for either street improvements or public utilities. This is not the first time the HRA has done this. Mr. Casserly stated another obvious example would be the Lake Pointe property where, instead of doing special assessments, they used a tax increment approach for all the infrastructure. Ms. Schnabel stated she appreciated knowing that the HRA has given similar assistance in the past. Initially she had spoken against this development's support only from a philosophical standpoint, not from a standpoint of not wanting the development. Her philosophical approach was that the property has not even been purchased yet, and there is still time to negotiate that assessment between the parties that are involved, the buyer and the seller. Knowing that the HRA has provided this type of assistance in the past put it in a different perspective, and she is more comfortable with it. Mr. Terry Moses, a consultant for RMS, stated there is some concern about the timing of the construction. Mr. Forcelle, who is President of RMS Company, has said he wants to build as soon as possible, and all indications are that construction will start this year. Since RMS is owned by Cretex, Mr. Forcelle could be overruled, but he does have a lot of influence. MOTION by Mr. Meyer, seconded by Mr. Prairie, to approve Resolution No. HRA 1-1991, "A Resolution Authorizing Execution HOUSING & REDEVELOPMENT AUTHORITY MEETING, JAN. 10, 1991 PAGE 4 and Delivery of a Contract for Private Redevelopment By and Between the Housing and Redevelopment Authority in and for the City of Fridley and RMS Company". UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated the HRA appreciates the fact that RMS is going to stay in Fridley, and they hope this assistance will encourage that development to proceed very quickly. Mr. Moses thanked the HRA and stated he would convey that message to Mr. Forcelle. Mr. Casserly stated he wanted to point out that this is the first time the HRA has assisted a project without creating a tax increment district. So, all the value that is being put on it will be received by the taxing jurisdictions. Councilmember Billings stated that it might be a good idea for the HRA to send a letter to the City, County, and school districts informing them that the HRA just committed money to a project that they will not recover through tax increment. This project is in Spring Lake Park School District #16. Letters should also be sent to Representative Wayne Simoneau, Representative Alice Johnson, and Senator Don Frank. Ms. Schnabel stated Mr. Billings' point is well taken. If the other members agree, she would ask staff to write the appropriate letters. Mr. Prairie and Mr. Meyer agreed. 2. RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR FRIDLEY HRA: MOTION by Mr. Prairie, seconded by Mr. Meyer, to approve Resolution No. HRA 2-1991, "Resolution Designating Official Depositories for the Fridley Housing and Redevelopment Authority". UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. CLAIMS (2090-2094) : MOTION by Mr. Meyer, seconded by Mr. Prairie, to approve the check register as presented. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. HOUSING & REDEVELOPMENT AUTHORITY MEETING, JAN. 10, 1991 PAGE 5 4. LAKE POINTE MAINTENANCE: Ms. Dacy stated that the Public Works Department notified them of three issues pertaining to the maintenance of the Lake Pointe property. The HRA currently pays for an annual maintenance contract for lawn cutting and other trash pick-up on the Lake Pointe property. These three items are in addition to that cost. 1. Mr. Winson, Assistant Public Works Director, has pointed out that the Public Works Department would like to execute an annual fertilization and tree pruning contract. They would like the HRA to include funds in the 1991 budget to do those activities. After getting some preliminary estimates from a landscape contractor, Mr. Winson has told her that the cost could be as high as $7,500. She would like the HRA to authorize that $7,500 be included in the 1991 budget for that expense. They would go out for bid for that particular activity, so the cost could be less. 2. Twenty trees on the Lake Pointe property have died within the last year. The warranty period the HRA retained for landscaping has expired, and if the HRA replaced all 20 trees, the maximum cost would be $12,960. After discussing this with the City Manager, Mr. Burns, it is staff's recommendation that the HRA not expend that money and that it is possible a number of these trees could be replaced by virtue of development on the property. The City recently passed a new landscaping ordinance that will require developers to plant extensive landscaping. At this point, the number of dead trees is still minor and is not affecting the overall appearance of the site. 3. The third item pertains to the underground irrigation system to maintain all the landscaping. The Public Works Department says that from time to time, maintenance issues may arise for the underground irrigation system. Currently, staff is preparing a 1991 budget and is looking at allocating about $10, 000 for a "just in case" provision if something should happen. Ms. Dacy stated that at this meeting, the only action necessary is for the HRA to authorize the City to go out for bid for an annual fertilizing and tree pruning contract not to exceed $7,500. Mr. Meyer stated he did not know the status of the lawn and sodded areas or if there are any weeds or crab grass. He knows what weeds can do to expensive lawns, and he hoped that they are watching that closely. He would appreciate staff checking to make sure that the contract for lawn maintenance includes HOUSING i REDEVELOPMENT AUTHORITY MEETING, JAN. 10. 1991 PAGE 6 fertilizing and weed control in order to preserve the expense they have put into that lawn. NOTION by Mr. Prairie, seconded by Mr. Meyer, to approve and authorize the City to go out for bid for a fertilizing and tree pruning contract not to exceed $7,500. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. TARGET PROJECT: Ms. Dacy stated First Western Equity Corporation is interested in constructing a 126,500 sq. ft. shopping center at the southwest corner of 85th and University Avenues. In conjunction with that shopping center, they are also working with Dayton-Hudson Corporation to locate a 117,000 sq. ft. Target facility at that site. Ms. Dacy stated the developer has made applications for variances, a rezoning, and a plat. The status of the applications is that the developer wants to go through the variance process first to receive direction from the Council for one specific variance, and that is the parking stall width. The developer is requesting a 9 foot wide space. The City ordinance dictates a 10 foot wide space for commercial development. That issue is so important to Dayton-Hudson and the developer that they want to determine whether or not that would be granted before they proceed with other parts of their applications. Ms. Dacy stated the variances will be going to the Appeals Commission on January 22, and then to the Council in February. It will take about 2-3 months for the developer to finish the rest of their development approvals. Staff has raised some questions about traffic and storm water quality and has requested some specialized studies. Ms. Dacy stated staff met briefly with the developer in December regarding soil correction assistance from the HRA. Staff gave them the new application forms and the policies used by the HRA for that type of assistance. The developer has not indicated any dollar amount or the amount of their request at this time. Ms. Dacy stated there is about 4 acres of wetlands on the property right now located approximately in the northwest corner of the site and is the area where they will be putting their stormwater management pond. Obviously, the area where the shopping center is to be located will destroy the wetlands site. The developer has received an Army Corps of Engineer's permit based on the fact that they are required to recreate HOUSING & REDEVELOPMENT AUTHORITY MEETING, JAN. 10. 1991 PAGE 7 another wetland elsewhere in the community. That site is the Meadowlands Park site just north of Mississippi Street. The Army Corps appears to be happy with the plans prepared for the Meadowlands Park site. The Army Corps is still reviewing this particular development plan. Ms. Dacy stated there is a substantial amount of peaty soils on the property right now, as deep as 3-4 feet in some places. A lot of excavation work will be necessary and a lot of clean fill will be needed to be placed on the site. Ms. Dacy stated she had originally anticipated an application from the developer as soon as the February HRA agenda, but that does not appear to be the case. This information is just to make the HRA aware that First Western Equity Corporation may apply for soil correction assistance. Mr. Meyer asked what affect this development would have on the Springbrook Nature Center. Ms. Dacy stated the developer made a presentation to the Springbrook Nature Center Board on December 17, 1990. The Board's main concerns were the impacts from the shopping center lights as well as the quality of the water runoff from the property. Another issue that has come up since that meeting is that because of the high water table in the east part of the site, the Board is wondering how construction will affect the water table into the park area. The Board wants to make sure the Nature Center's integrity is maintained in terms of night programming and that the water quality is not degraded any more than the runoff through the park right now. Mr. Meyer stated he would be very concerned about the water runoff that would contain oil and gas from the development into Springbrook Nature Center. 6. UPDATE ON UCD PROJECT: Mr. Burns stated that at the last HRA meeting, they talked about a development agreement with Fridley Town Square project. Since that time, they have had continual concerns about the addition of a Burger King proposed by the developer, Scott Erickson. Staff has pointed out to the City Council that the addition of a Burger King will substantially increase peak hour traffic (between 4:30 - 5:30 p.m. ) . As a result of additional traffic, there is the potential for creating stacking problems on Mississippi Street for eastbound traffic that wants to turn left into the center. There is also the potential for undesirable traffic impact behind the shopping center. Staff has noted the possibility of loud mufflers and other vehicle noises and the impact of those things on the neighbors. There is also a potential conflict between the HOUSING is REDEVELOPMENT AUTHORITY MEETING, JAN. 10. 1991 PAGE 8 traffic using the Burger King moving behind the shopping center and those that are loading and unloading, particular at the Walgreen store. Mr. Burns stated the staff has discussed these concerns with City Council, and basically the Council members are not supportive of the Burger King addition unless there is a way to mitigate the impacts of the additional traffic. About the only way staff sees to mitigate the problem is to buy the property next door and move the driveway down. That is very expensive and something that the Walgreen Corporation would not approve. Mr. Burns stated that in view of the mitigation problems and Council 's position on the Burger King addition, Mr. Erickson was urged to find a new tenant or a new project. Mr. Erickson has requested that he be allowed to have a public hearing that is available to him under the S-2 chapter of the zoning ordinance which says that any time there is a major change in the plan for a redevelopment district, the Planning Commission has to have a public hearing, and the plan change has to be approved by the Planning Commission and the City Council. Mr. Burns stated that after consulting Virgil Herrick, City Attorney, about Mr. Erickson's request, staff developed the following schedule of events: 1. January 7, 1991: Informal review of the situation after the Council meeting. 2. January 10, 1991: Informal review of the situation at the HRA meeting: 3. January 23, 1991: Public hearing on the proposed change before the Planning Commission. 4. February 11, 1991: City Council consideration of the proposed change. Mr. Burns stated the Council has opted to consider a major change requiring a hearing before the Planning Commission and to follow the calendar (above) . Mr. Burns stated that as far as the HRA is concerned, Mr. Erickson had requested tax increment assistance for his project. They would have had a tax increment agreement before the BRA at this meeting if the addition of the Burger King had not arisen. Does the BRA now want to bear the cost of proceeding with the draft of the development agreement for the Fridley Town Square project, or does the HRA want to wait until the Burger King problem is ironed out? If the HRA wants to proceed with the draft of the development agreement, then HOUSING & REDEVELOPMENT AUTHORITY MEETING, JAN. 10, 1991 PAGE 9 does the HRA agree in concept with the equity participation agreement discussed at the last meeting? Mr. Burns stated it is staff's recommendation that the HRA hold up on the development agreement and not spend any money at this time to have it drafted until the Burger King issue is resolved. Ms. Schnabel stated they should at least hold up on the drafting of the development agreement until after the Planning Commission public hearing. If the Planning Commission and City Council do not vote in favor of it, then it is over. Mr. Prairie stated the HRA is very concerned about the traffic, and he thought anything that would add more traffic to that site is a negative. Mr. Meyer stated that when this was discussed with the traffic consultant, the consultant said that any additional traffic would change it from a D to an E intersection. That is getting pretty bad. The Burger King addition is definitely a negative. Mr. Meyer stated that when the developer was before the HRA with the project originally, he assured the HRA that the neighbors on 67th Avenue would not be jeopardized by the development. Now he is introducing a Burger King that will bring vehicle noise, loud speaker noise, extra lights, etc. , and now they are impinging onto the residential nature of that street more than before with the center as first proposed. Mr. Casserly stated the City Manager has the prerogative that if the Council moves on the land use decision, he can authorize Mr. Casserly to move on the development agreement very quickly. 7. UPDATE ON RICE PLAZA: Ms. Dacy stated that in November, the HRA members made a motion to approve rent forgiveness for Terrie Mau of the Cinnamon Skin Tan with the stipulation that when she moves, she moves only to the Fridley Town Square development. Mr. Kordiak is still pursuing with her the money that she owes. Her slow season is in the fall months, Sept.-Dec. , and her business picks up during the winter. He feels confident that she will keep current. However, if the Fridley Town Square development does not go through, then Ms. Mau still has to pay what she owes the HRA. Ms. Schnabel stated she appreciated the update. She stated she was surprised that she had voted in favor of this rent forgiveness, because she had spoken against it in the past. HOUSING & REDEVELOPMENT AUTHORITY MEETING, JAN. 10, 1991 PAGE 10 Because of her concern, she would like to see this type of report on a month-to-month basis. 8. APPLICATION FEES AND PROCESS; Ms. Dacy stated that at the July 19, 1990, meeting, the HRA discussed their policies and procedures for assisting with tax increment financing. Out of the discussion and out of the materials Mr. Robertson had prepared, she developed three handouts that staff will give to developers. These materials were included in the agenda packet and consisted of the following: 1. Policy statement regarding TIF administrative costs including the statement of fees. 2. Agreement for which the developer would execute with the HRA for an application. 3. A three page application form 9. INFORMATION REGARDING PAST HOUSING REHABILITATION PROGRAM: Ms. Dacy stated the information included in the agenda was self-explanatory. Later in the meeting, Mr. Burns will be talking about some of the research staff will be doing for other housing programs for the 1990's. Ms. Schnabel stated that at other meetings she has brought up the possibility of creating a pool or fund that could be used in a manner such as the way the Habitat for Humanity program operates. She is curious about their process and how their applicants are screened. Maybe they should obtain some information from the Habitat for Humanity program as there might be something in their screening process that would be of assistance to the HRA. Ms. Dacy stated she has worked with two builders for that program, and she would be happy to contact them and see if she can get some information. 10. FRIDLEY OFFICE PLAZA BUILDING: Mr. Burns stated he has been contacted by Mr. Dan Cardona, a representative of a group planning to purchase the Fridley Plaza Office Building for approximately $850,000. Their request was that the HRA consider a tax reduction on this property and also give them a better price on the parking ramp. The HRA has an agreement with the office building to provide parking at $800/month. HOUSING & REDEVELOPMENT AUTHORITY MEETING, JAN. 10. 1991 PAGE 11 Mr. Burns stated Mr. Cardona requested a copy of the development agreement, along with the second subordination agreement for the second mortgage and the agreement on the rental of the parking. He had indicated to Mr. Cardona that the City thought it was the petitioner's responsibility to make a case for his claim; and that he was welcome to state his case to the HRA. Mr. Burns stated he has not heard from Mr. Cardona since that time. He has also heard that this group is no longer pursuing the purchase of the office building, so the issue is moot at this point. Mr. Burns stated there are a couple of other issues that are related to the office building that he will discuss under "Other Business". 11. STATUS OF TAX COLLECTIONS FOR VARIOUS TAX INCREMENT PROJECTS: Mr. Burns stated that when staff looked at the tax increment turnback for the schools, he had suggested that the amount they were turning back was probably going to stabilize as the taxes for various projects in tax increment districts start to come on line. In a discussion after the last HRA meeting, they decided it might be worthwhile to look at what taxes had originally been projected for the various projects, what projects have come on line, and what projects have yet to come on line. In the material given to the HRA, they could see that it will be a another year or so before the remaining taxes for the Moore Lake Racquet, Swim & Health Club come on line. That is the biggest project yet to come on line, so there should be another big jump in the next couple of years. However, there have been some tax devaluations for other projects. The Fridley Plaza Office Building is an example. Mr. Burns stated the table included in the agenda packet gives a good overall view of potential project revenues which may have a bearing on the TIF turnback to the school districts. 12. 1991 BUDGET: Mr. Burns stated he had hoped to have the 1991 budget ready to distribute at this meeting. Staff is still working on it, and it will be available for the February 14, 1991, meeting. 13. OTHER BUSINESS: a. Medtronic Mr. Burns stated he recently had a luncheon meeting with representatives from Medtronic. Medtronic is talking HOUSING & REDEVELOPMENT AUTHORITY MEETING. JAN. 10. 1991 PAGE 12 about two projects--a neurological center and an addition to their technology center. Mr. Burns stated that in order to produce the neurological center, Medtronic is going to combine three groups--one in California, one in Canton, Ohio, and one in Columbia Heights. They are looking for 40,000 sq. ft. They have identified three sites and want to identify the final site within one week. One site is the East River Road Business Park. The new facility would create 40-60 new jobs with the consolidation, with a total of 100 jobs. Medtronic will ask the City to apply for economic recovery funds, a low interest loan program for companies that employ at-risk individuals. They will not be asking for any tax increment financing or other HRA assistance. Mr. Burns stated Medtronic is very seriously talking about building a 90,000 sq. ft. addition to their technology center (the building on the east side of Central Avenue) . At this point, Medtronic is not asking for tax increment financing, but they do want to avoid doing a new environmental assessment. They did an environmental assessment in October 1980. According to Medtronic, the MPCA is happy with the 1980 environmental assessment unless the City requests another one. He stated he needs to respond to Medtronic about this as soon as possible. Mr. Burns stated that as an alternative, he has promoted the Lake Pointe site to Medtronic, and they seem interested in the site. Medtronic has agreed to send the HRA a written request for proposal asking the HRA to tell them what the HRA would provide on the Lake Pointe site. Before sending the written request for proposal, they will identify the amount of space they need for the 90,000 sq. ft. building, as well as the amount of space they might need for future campus. Additionally, they are going to list other uses that might go on the Lake Pointe site. b. Lake Pointe Negotiations Mr. Burns stated that before Christmas, Ray Haik, Virgil Herrick, Jim Casserly, Barbara Dacy, Jock Robertson, and he met to discuss the nonpayment of taxes on Lake Pointe by Woodbridge. They decided the City is not going to pay the taxes and would eventually claim tax forfeit or acquisition through the tax forfeiting process. Mr. Burns stated the bigger question that they discussed was what are they going to do with Lake Pointe. They have identified four options: HOUSING is REDEVELOPMENT AUTHORITY MEETING, JAN. 10, 1991 PAGE 13 1. Let Woodbridge buy the HRA out. 2. The HRA buys out Woodbridge. 3. They negotiate a new development agreement, based on today's market. 4. They do nothing. Mr. Burns stated they decided it might be worthwhile in 1991 to pursue option #2. On December 21, 1990, Jim Casserly sent him a memo asking for authority to begin discussions with John Utley, the attorney representing Woodbridge, about a negotiated buy-out. Mr. Casserly will be coordinating these discussions closely with Mr. Burns. c. TIF Turnback to the School Districts Mr. Burns stated that at their last meeting, the Council tabled any action on the TIF turnback until January 28, 1991. Fridley School District Chairperson, Jim Ferguson was at the Council meeting and spoke strongly in favor of the City returning the entire amount to the school districts. Mr. Ferguson was opposed to the $200,000 cap put on by the HRA. The School District staff is asking to get together with City staff to see if there is a way to accommodate the school district's interests on this issue. Ms. Schnabel asked what concerns the City Council had regarding this item. Councilmember Billings stated he was rather concerned when he saw this on the City Council agenda. One of the proposals that was before the legislature last session was that any new tax increment financing districts had to go to the counties and school districts. Now they can object, but their objections are not necessarily a veto. Some of the proposals floating around one year ago was that the county and school districts could essentially have veto power. So, he was a little concerned from a political standpoint that essentially they were taking the school districts money and using it for HRA purposes. Since the Council meeting on Monday night, and realizing that the increase in value on the properties has therefore also increased the referendum amount, his suggestion might be to come up with a formula rather than a dollar amount of $200, 000 as recommended by the HRA. Although a lot of thought may have gone into the dollar amount, that dollar amount appears to be a little bit HOUSING & REDEVELOPMENT AUTHORITY MEETING, JAN. 10, 1991 PAGE 14 arbitrary. He stated Fridley is probably one of the only cities that is turning TIF monies back to the school districts. He stated it is important to be fair to the school districts so that, if in the future, the Legislature does come up with a program wherein the school districts and counties actually have veto power, the City and HRA have maintained a friendly relationship with the school districts. Ms. Schnabel stated she thought the HRA was really fair when they voluntarily took the initial steps to turn back TIF monies to the school districts ahead of any other community. They certainly were not obligated to do it. But when the HRA saw how the turnback monies are dramatically increasing, and yet at the same time took another look at the Lake Pointe development and other projects, they were a little concerned and decided they maybe should not be too generous. Mr. Commers was the one who really brought these concerns to the HRA's attention. Ms. Schnabel asked the HRA members if they wished to reopen the discussion on the TIF turnback to the school districts. Mr. Meyer stated he did not think so. He stated the HRA discussed this at length at the last meeting. They had logical reasons for their decision, and they should leave it at that. Mr. Prairie agreed. Councilmember Billings stated maybe all that is necessary is for the City staff to meet with the school district staff. Ms. Schnabel stated the HRA did not think it was the type of situation where they needed to negotiate with the school district--the HRA is strictly looking at their budgets and what they are facing in the future. Ms. Schnabel stated it seems to be the consensus of the BRA members present that they are still comfortable with the $200,000 as recommended at the last meeting and do not see any reason to change it. Mr. Burns stated he believed that before the next meeting, the staff will have to meet internally and look at what the levy referendum was originally intended to bring in with what has actually gone into the tax increment return process. HOUSING i REDEVELOPMENT AUTHORITY MEETING, JAN. 10, 1991 PAGE 15 Mr. Prairie asked that the HRA be sent that information when staff has put it together. He stated it might also be helpful for the HRA members to see the figures from the first, second, and third years and the breakdown of what they were so the HRA can understand exactly what has happened. Mr. Burns stated he will get this information for the HRA. If they then feel they want to discuss this issue again, he can put it on the February agenda. Mr. Prairie asked that Mr. Commers be informed of what was discussed at this meeting. d. Housing Rehab and Housing Redevelopment Programs Mr. Burns stated he and Ms. Dacy have scheduled a number of meetings with economic development people and city managers in other cities to take a look at how other cities are structuring their housing rehabilitation and housing redevelopment programs. Staff would like to put together an inventory of different strategies and different incentive programs that are being used in these two areas. They have meetings scheduled with Columbia Heights, Minneapolis, and Brooklyn Center. Mr. Burns stated the HRA members also were given a copy of a letter from Dave Newman with a copy of an article that deals with the project in the El Cerito, California. El Cerito has been involved in a housing redevelopment program that has used an equity participation process, so that is another technique the HRA might want to consider. e. Lake Pointe Mr. Burns stated he will be meeting on January 15 with Mike Scott and client who is interested in about 12 acres at the Lake Pointe site for a retail project. He stated he is trying to discourage this as he believed the HRA is more in favor of a project that is closer to the original plan for that site. f. Old Cub Food Site Mr. Burns stated Mr. Sid Inman, former Finance Director for the City, will be talking to City staff about a possible redevelopment project on the old Cub Food site. 1 HOUSING 6 REDEVELOPMENT AUTHORITY MEETING. JAN. 10. 1991 PAGE 16 g. Fridley Plaza Office Building Mr. Burns stated City staff has been approached by Jerry Caputo, who has been asking the City to cut down the property taxes on the Fridley Plaza Office building. That raises the issue about whether or not the pledge of future taxes contained in development agreement passes onto successors and assigns. Mr. Casserly stated it is his opinion that if there has been an involuntary succession, it probably is not enforceable against the successor. Mr. Burns stated that staff really did not want to start disturbing development agreements and the taxes pledged in the development agreements; however, as property values decline, at some point in the future the HRA may need to face the policy issue of whether or not it is prudent for the HRA to reconsider the tax levels that are pledged in these agreements. ADJOURNMENT: Vice-Chairperson Schnabel declared the January 10, 1991, Housing and Redevelopment Authority meeting adjourned at 10:55 p.m. Respectfully sub fitted, � e ynr Saba Recording Secretary CITY OF FRIDLEY ENVIRONMENTAL QUALITY & ENERGY COMMISSION JANUARY 15, 1991 CALL TO ORDER: Chairperson Sielaff called the January 15, 1991, Environmental Quality and Energy Commission meeting to order at 7:35 p.m. Ms. Campbell and the Commission members observed a moment of silence in honor of Dr. Martin Luther King Jr. 's birthday and the events in the Middle East. ROLL CALL: Members Present: Bradley Sielaff, Bruce Bondow, Susan Price, Dean Saba, Rich Svanda Members Absent: Paul Dahlberg, Steve Stark Others Present: Lisa Campbell, Planning Associate APPROVAL OF DECEMBER 18. 1990, ENVIRONMENTAL QUALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Bondow, to approve the December 18, 1990, minutes of the Environmental Quality & Energy Commission as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. NEW BUSINESS: a. Solid Waste Abatement Activities - December 1990 Ms. Campbell stated the most remarkable item is that participation has slipped from last quarter from 39% to 27%. Some things that could account for this change is seasonal change, but there has also been an increase in service problems. The City is working with Super Cycle to resolve these problems. The majority of the problem seems to be partial pick-ups. The dispatcher was contacted by letter identifying each complaint. They suggested that Ms. Campbell ride along with the ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. JANUARY 15. 1991 PAGE 2 Operations Manager for two Fridays to see what the problems are. The problems have been happening throughout the City. One problem is that the snowplows are burying materials. Any items that are not picked up, such as those placed too far from the curb because of the snow, should be tagged. Ms. Campbell stated she did not receive as many complaints last Friday. Most of the problems occurred on December 21 and December 28. It appears as though, when a certain dispatcher is not there, the performance of the drivers goes down. Mr. Bondow stated the problems are documented. To ride in the truck makes no sense. There are quality problems, and it is Super Cycle's responsibility to solve them. Ms. Campbell stated, if she rode along, she could see for herself if residents were setting out materials late. Of the seven complaints received, four have been for a partial pick-up. Mr. Sielaff asked if this is the first time this has happened. Ms. Campbell stated, no, the other complaint is that certain residents have been repeatedly missed. She questions whether the drivers are being told when someone is going to be there monitoring. Super Cycle has met with the drivers and has followed up on complaints. She has considered requesting a follow-up letter. Ms. Price asked how many trucks are in the City. Ms. Campbell stated there are four to six trucks. Mr. Bondow stated a follow-up letter probably is not necessary; but if the problems continue, Ms. Campbell may need to meet with Super Cycle to ask them how they will resolve the issue. Ms. Campbell stated she is concerned. With the containers going out soon, it is necessary to get a handle on service problems before the bins go out. Mr. Sielaff asked if there are problems with Super Cycle in other cities. Ms. Campbell stated she has not checked but will do so. ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. JANUARY 15. 1991 PAGE 3 Mr. Bondow recommended that Ms. Campbell also check to see what the number of complaints have been. Ms. Campbell stated Super Cycle is very proud of their non-miss record and are very good about trying to figure out what is going on. Mr. Bondow stated it may be worthwhile just to see what Super Cycle is doing and how they are doing. Ms. Campbell may also want to talk to the dispatcher to see if it might help get people excited about what they will do with bins. Mr. Sielaff asked if the drop in participation was compared with participation levels one year ago. Ms. Campbell stated this was compared to October 1990, but she would check to see how it compared to one year ago. b. S.C.O.P.E. (Governor's Select Committee on Packaging and the Environment) Ms. Campbell stated this is an information item. If members found anything that pertains to cities, they should let her know. Mr. Saba indicated that, if a City develops a packaging ordinance, it is not valid because it cannot be more or less restrictive than the State's. The State has postponed every effort by cities prior to this time, and there is a six-month moratorium before any can take effect. Mr. Sielaff stated S.C.O.P.E. did propose rule making and they can have more impact when it comes to that. Mr. Svanda stated SCOPE talked about making the statute clear so rule making wouldn't take that long, but it is still one and a half years away. Ms. Campbell stated this information is provided to keep the Commission up to date as these things happen. Mr. Sielaff asked Ms. Campbell to put this on the legislative agenda and to keep members informed as to what happens. ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. JANIIARY 15. 1991 PAGE 4 c. Resolutions on State and County Funding (1991 County Funding Update) Ms. Campbell referred to her memo of January 9, 1991, regarding Resolutions on State and County Funding. The City Manager, Community Development Director, and Ms. Campbell met with Anoka County staff Tim Yantos and Carolyn Smith on December 20 and were very forceful about the City's concerns about the uncertainty of year-to-year funding from the County; and that the City is concerned about the procedure in that cities don't know what their 1991 funding amount is until December or January. The City should be able to get that figure from the County in June or September. These requests went over alright with County staff. Ms. Campbell stated that she attended the Anoka County Solid Waste Task Force meeting on January 2. At that meeting, County Commissioner McCarron stated he was not willing to identify any funding amounts until they received the funding from the State. Ms. Campbell recommended the County enter into a six-month joint powers agreement, which Commissioner McCarron accepted. Commissioner McCarron had proposed a twelve-month agreement with half the money. With a six-month agreement, cities could go through the procedure again in six months. Commissioner McCarron is interested in what cities can do to protect S.C.O.R.E. money. Ms. Campbell stated the first Resolution is suggested by the County that they forward to the City Council for action to request that the State of Minnesota maintain the S.C.O.R.E. funding formula. This Resolution does not go for a dedicated fund because a dedicated fund is not supported by the County or the State of Minnesota. Ms. Campbell stated the second Resolution is to request the County to establish a reliable funding source. This is an important message to put forward to the County. If the Commission approves and the City Council approves, Ms. Campbell will fax a copy to all cities in the County. Mr. Sielaff asked if both resolutions are to keep funding. Ms. Campbell stated, yes. One is asking the County to establish a funding source and the other is asking the State of Minnesota to maintain the existing S.C.O.R.E. funding formula. ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. JANUARY 15. 1991 PAGE 5 Mr. Svanda recommended on the Resolution regarding State funding, paragraph 11, NOW, THEREFORE, BE IT RESOLVED, . . . the State of Minnesota maintain the existing fund formula . . . , that the word maintain be changed to "not reduce" or "not decrease" the existing formula. He thought the Resolutions were a good idea and thought S.C.O.R.E. will be in the low fund category in view of the budget shortfall. If S.C.O.P.E. should pass, some of the funding is also intended to replace some of the S.C.O.R.E. funding. The City thinks funding should not be reduced. It doesn't matter where it comes from. MOTION by Mr. Svanda, seconded by Mr. Saba, to recommend the City Council the approval of the Resolution Requesting the State of Minnesota Maintain S.C.O.R.E. Funding as Originally Prescribed by the Legislature as amended; and the Resolution Requesting the County of Anoka Establish a Reliable Funding Source for Municipal Solid Waste Abatement Activities. Mr. Saba stated he thought the Commission should follow up with a personal effort by inviting representatives to a meeting to underscore the level of funding. Ms. Price stated she had contacted Alice Johnson, Wayne Simoneau, and County Commission McCarron. She had spoken with Commissioner McCarron regarding recycling. She recycles materials in another county. Commissioner McCarron indicated the County would get credit for that volume, but he did not know how this happens. Ms. Campbell stated a joint meeting could be held with the City Council members and these three people in February or March. The meeting would be open to the public. Ms. Price recommended that Mr. Don Frank be contacted also. Mr. Saba stated he is concerned that because of the budget crisis in the State, they will start cutting funding. Mr. Sielaff stated that what the Commission can do at the State level is limited, but the Commission can impact what is done at the County level. The County budget process is in May. Is there something the City can do to get this in the process by that time? ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. JANUARY 15. 1991 PAGE 6 Ms. Campbell stated the problem is the County only gives the City S.C.O.R.E. money now. Mr. Saba asked if they get money from the Metropolitan Council. Ms. Campbell stated the amount the cities get is from S.C.O.R.E. Other sources of funding are declining . revenues. Mr. Bondow asked the explanation for the shortfall in revenues at the Elk River facility. Ms. Campbell stated the County miscalculated the amount of waste that they thought would be going there. Ms. Campbell stated she spoke with several refuse haulers who said the volume of garbage in the City is down. Mr. Sielaff stated the reason he brought up the County budget process is that they can pass through S.C.O.R.E. funds, but there may be some kind of fee that can be passed at the County level for a revenue source. If all the cities go to the County, it would be difficult for the County to turn them away. Ms. Campbell stated that, when she talked with Commissioner McCarron at the Task Force meeting, he stated this could not be done by staff. He must hear from the cities' elected officials. In her follow-up memo, she told Mr. Burns it was time to talk with elected officials. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY. d. Illegal Dumping/Mandatory Garbage Collection Ms. Campbell stated the City has an ordinance that requires residents to have a refuse hauler. The problem is enforcing the ordinance when they know there is an increase in illegal dumping. It is very difficult to enforce, but the Code Enforcement Officers are motivated to figure out a way to do this. The issue of illegal dumping and code enforcement came up at the Task Force meeting and has evolved into a panel discussion which will be held on February 6, 1991. Some of the ideas are for haulers to provide a customer list. She discussed this with two haulers who said they had no problem with that. At this point, it seems likely the haulers would provide this information. Enforcement would be on a ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. JANUARY 15. 1991 PAGE 7 complaint basis. That person's name would then be checked against the list. Another idea is to identify the hauler on the homestead card. Mr. Saba asked what would be wrong with two neighbors having one common hauler, if they do not generate that much waste. Ms. Campbell stated that, according to the ordinance, it is illegal right now, but under this idea the ordinance would be revised to enforce by complaint. In terms of what we are trying to get at here is those people who do not have a contractor and/or are dumping garbage someplace else. Mr. Sielaff asked if the problem had been documented. Ms. Campbell stated, yes. There are increasing complaints and not only in the City of Fridley. She stated Commission members are invited to attend the meeting, or Ms. Campbell will report back to the commission. 2. OLD BUSINESS: a. Finalize 1991 Workplan Ms. Campbell reviewed the proposed 1991 Workplan. Mr. Sielaff stated, on Goal 1, the Commission also needs information from staff to know what the issues are. Mr. Bondow stated the Commission is advisory and is to provide information to the City staff and Council to keep them informed. Mr. Svanda stated administration must keep the Commission informed so the Commission is aware of the issues that are currently in the forefront. He suggested that under Goal 1, Objective 1, the words "accurate" and "wise" be deleted. Ms. Campbell asked if the members wished to consider a name change to reflect a broader focus. Mr. Saba stated he did not want to do this. He does not want the focus of energy and environment to get lost. It is important for the present to say that they focus on these issues. He would prefer this be deleted. ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. JANUARY 15. 1991 PAGE 8 Ms. Price also felt this item should be deleted. Ms. Campbell reviewed Goal 2 stating there won't be a separate review process in terms of what is set up. The Chairperson is responsible to alert members of projects and forward concerns to the Planning Commission. Mr. Sielaff stated the Chairperson needs to be aware of these issues before they reach the Planning Commission in order to get input from members so the Chairperson has the opportunity to bring the concerns to the Planning Commission meeting. Mr. Saba stated he wished the members could have attended the meeting concerning future development and wetlands. This was an opportunity for input that was missed. He would have liked to have been involved. In the future, they may want to postpone a meeting so they can attend. Mr. Sielaff stated he would like to be advised of issues prior to the Planning Commission meetings so the issue can be discussed by this Commission. As Chairperson, it is his responsibility to bring the Commission's view at the meeting, and this cannot be done with the current process. Mr. Svanda stated this may need to be taken one step at a time. It may be that over time they can address it more firmly than they are now. Ms. Campbell stated Ms. Dacy is now more aware of this, and she will try to alert the Commission sooner on issues of environmental concern. Mr. Bondow stated he can understand that the City does not want a larger process. Mr. Svanda stated the members could pick and choose issues if they want to know about them. Mr. Saba stated he thought that the Commission was fortunate that they have two representatives on the Planning Commission, but that is the only time they hear about issues. The Planning Commission representatives may need to speak up more firmly at the meetings. Ms. Campbell stated she would change the information so staff would alert so the Chairperson can reflect the Commission's advice. ENVIRONMENTAL QUALITY AND PAGE 9 ENERGY COMMISSION MEETING. JANUARY 15. 1991 Ms. Campbell reviewed the third goal and objectives. Mr. Sielaff stated he would like to include seeking other sources of funding. This could be added to the current objective to apply for grants or be listed separately. Ms. Campbell stated she included investigating the licensing approach as a reminder that, if costs exceeded $3 to $5 per month, licensing is recommended. Under certain circumstances, this could happen and she felt the Commission should prepare for this so it can be done right. Mr. Saba stated he would like to add another objective: To pursue the most cost effective, and environmentally sound solid waste abatement program for the City and its citizens. Or make this the objective and make the licensing approach as an action item. Ms. Saba stated he thought the objective to apply for grants should be ongoing. Ms. Campbell stated, under protecting S.C.O.R.E. funds, she will add an action item: To meet with the legislative delegation and City Council in February or March. Mr. Svanda felt that the earlier the meeting is held the better it will be. Ms. Campbell stated, under Goal 4, RMR has agreed to do a mailing in the City to residents of multi-unit buildings to encourage them to use the drop-off center. Mr. Sielaff asked if the City wanted to encourage recycling other things. Ms. Campbell stated RMR has expanded its plastic collection to include plastic bottles with a neck. Mr. Saba stated it would be nice if they could have a site for dropping off plastics. Ms. Campbell stated RMR collects plastic as does Goodwill in Columbia Heights. Perhaps RMR could be asked to take glossies. Super Cycle will to do this through the curbside program, but it would increase costs by approximately $33,000. Mr. Sielaff asked if RMR was independent. ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING, JANUARY 15, 1991 PAGE 10 Ms. Campbell stated they are. The only way to avoid the extra cost is to ask RMR to do so. This would be more effective in terms of abatement. Ms. Price referred to the multi-unit recycling and asked if each person is asked to drop off materials or someone picks up at the multi-unit building. Mr. Saba stated there is a large problem with contamination from multi-units. While there are some who care about recycling and participate, there are those who do not care and simply dump their garbage in with the recyclables. Ms. Campbell stated the focus would be to make them aware of the drop-off site and that they can bring materials to the site. Mr. Sielaff asked about recycling phone books. Ms. Campbell stated U.S. West is taking all Minneapolis and St. Paul phone books at various Targets sites, including the Target in Fridley. Mr. Saba stated that, while U.S. West is collecting books, the books are not being recycled. They are being chopped up and being used for fuel pellets. It is better than putting in the landfill, but they are not being recycled. Because there is not a market here, the books are not being recycled. Mr. Svanda stated that, while this is not optimal, it is a step in the right direction. Ms. Campbell stated, under Goal 5, she would add another objective to address decreasing costs at the yard waste transfer site, and add an action item to check into an end dump system. The Public Works Director is encouraging the City to purchase a mulcher which would reduce the volume before transfer. Mr. Saba stated civic organizations may be willing to contribute to the purchase of a mulcher. He asked if the City could then mulch Christmas trees. Ms. Campbell stated there would be an article in the City newsletter about how donations help the City. ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING, JANUARY 15, 1991 PAGE 11 Mr. Sielaff asked if a chipper for brush was being considered. Ms. Campbell stated this service is provided at the County level. Ms. Campbell stated, under Goal #6, the next article in the City newsletter would be on car batteries. Ms. Campbell stated, regarding distribution of materials by Scouts, that she talked to a Cub Scout troop leader. There are recycling signs and they talked about having the scouts distribute the signs to retail outlets. This could also be coordinated with Earth Day. Mr. Sielaff suggested that the words "accurate" and "accurately" be deleted. Mr. Saba asked, regarding batteries, if they could also address all batteries. Ms. Campbell stated the State is working to require manufacturers to reduce the hazardous components so batteries will not be hazardous and can be put in the waste stream. Mr. Saba stated that some Snyders Drug Store in Minneapolis accept household batteries. Perhaps stores in Fridley could be contacted to see if they would do the same. Mr. Bondow stated it is also important to inform the citizens so they can also influence the manufacturers. Ms. Campbell stated she would see if anyone was willing to take batteries. Mr. Saba stated the National Wildlife Federation is trying to declare the month of April as Earth Action Month. This would be a good month to put an emphasis on some of the City's programs. In lieu of this, he would like to add an objective for Earth Action Month: To promote the awareness of solid waste abatement program and preservation of our natural resources in the City. Ms. Campbell reviewed Goal 7 regarding Earth Day. She will attend the Nature Center board meetings. The Commission may also want to move up Tire Day so it can be part . of the Earth Day activities. She hopes to improve coordination plans for this year's activities. ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. JANUARY 15. 1991 PAGE 12 Ms. Campbell reviewed the goal to monitor the implement- ation of the 509 Water Resource Management Plan. Ms. Dacy responded to this issue in her memo of January 10. This item is basically part of the Comprehensive Plan. Mr. Sielaff stated they need to have someone here to explain what is going on. Ms. Campbell stated she spoke with the Public Works Director who indicated he was working to have the 509 Plan be an ordinance so that it is easier to implement and enforce. She felt Ms. Dacy was also informed on the 509 Plan and could come to a meeting. Mr. Sielaff stated there are two 509 plans. Ms. Campbell stated that staff is aware of those plans. Ms. Campbell reviewed the goal to develop energy conservation guidelines and stated this should include procurement. Ms. Campbell reviewed the goal to study plastics and stated this was included as part of Mr. Bondow's request to see what other cities are doing. Mr. Bondow stated this is to investigate their options regarding plastics. Mr. Sielaff stated this could be included in the Solid Waste section. Mr. Saba stated he would like to add another goal: To promote alternative methods/means of transportation within the City; Objective: To aggressively develop new bikeway/walkway plan within the City to make the use of non-motorized transportation more attractive and safe; Action Item: To participate in a joint EQE Commission and Parks & Recreation Commission subcommittee to brainstorm and develop planning and make recommendations to Planning Commission and City Council. Mr. Sielaff stated the subcommittee on bikeways/walkways would fit into this area. Ms. Campbell stated the subcommittee has been determined, but they are just getting it included in the Workplan. ENVIRONMENTAL QUALITY AND ENERGY COMMIBBION MEETING. JANUARY 15. 1991 PAGE 13 Mr. Sielaff suggested including participating in the coalition. Ms. Campbell stated she could proceed in trying to become a member. She suggesting adding a goal to investigate the city's membership in the Environmental Cities Coalition. Ms. Campbell stated she would make the changes discussed and present the revised Workplan for approval at the next meeting. b. Community Development Director's Response to EQE's Requests Ms. Campbell stated this is included as an information item. Regarding the Park and Recreation subcommittee, staff is waiting to proceed until a process is developed. c. Update on Boy Scout/Girl Scout Community Service Project Ms. Campbell met with Sheryl Cleveland, who is a Cub Scout leader, and discussed the possibility of distributing the curbside reminder signs. Another project is spraying catch basins, but she thought her Cub Scout groups are too young. She will, however, pass this on to other leaders. She will go to a leadership meeting and will get back to her. They also discussed a follow- up survey to the distribution of the containers. Mr. Saba recommended the Focus do publicity on this, should they decide to do so. ADJOURNMENT: MOTION by Mr. Bondow, seconded by Ms. Price, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE JANUARY 15, 1991, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING ADJOURNED AT 9:15 P.M. Respectfully submitted, n, 1010, Lavonn Cooper f /e-a.' Recording Secretary 1 �� i�. CITY OF FRIDLEY APPEALS COMMISSION MEETING, FEBRUARY 5, 1991 CALL TO ORDER: Chairperson Savage called the February 5, 1991, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Larry Kuechle, Ken Vos, Cathy Smith, Carol Beaulieu Members Absent: None Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Robert A. Becker, President, St. Philip's Congregation Wesley Grandstrand, St. Philip's Lutheran Church Brian Tempas, Cunningham Architects Gary Thornton, Designer Mary Nelson, 600 Buffalo Street, Fridley, MN APPROVAL OF JANUARY 22. 1991. APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Smith, to approve the January 22, 1991, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF VARIANCE REQUEST. VAR #91-01. BY ST. PHILIP'S LUTHERAN CHURCH: 1. Per Sectione hard surface setbackfrom 20 feet to 15 feet and � � he Fety Cye to reduce th 10 feet; 2. Per Section 205.16.05.D. (4) . (b) of the Fridley City Code to feetcfhtwoo-wayntraffic and aisle th from from 1825 feetet to to 1520 feetet fornd 22 feet forY one- way traffic; To allow the interior alteration of the existing building and to allow the construction of an addition of approximately 7,000 sq. onft. s 1 and 2 and vacated service road, Block 2, Moore 4th Addition, the same being 6180 Highway 65 N. E. , Hhlands .E. , Lake ig Fridley, Minnesota, 55432. APPEALS COMMISSION MEETING. FEBRUARY 5 1991 PAGE 2 NOTION by Ms.Smith, seconded by Dr. Vos, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is located at the southwest corner of the intersection of West Moore Lake Drive and Highway 65 and on the northeast shore of the west basin of Moore Lake. The property is zoned R-3, General Multiple Family Dwelling. There is property zoned C-3, General Shopping, to the east and north and additional R-1, Single Family Dwelling, to the north and west of the parcel. The petitioner is also applying for a special use permit to allow expansion of the church facility in an R-3 district, which will be heard by the Planning Commission on February 6. Ms. McPherson stated the first variance is to reduce the hard surface setback from the property line from 20 feet to 10 feet and 15 feet. The areas of encroachment occur along the east property line along Highway 65 and on the northwest parking area along the right-of-way for West Moore Lake Drive. The parking area along the east property line is designed and located in such a way that it is sandwiched between the right of way line and the church building. To reconfigure the parking area to meet the 20 foot hard surface setback would require the petitioner to do extensive reconstruction at great cost. In the second area, the petitioner has more flexibility in that the south curb line of the parking area could be moved further south, closer to the normal high water line of the lake. The islands on the public right-of-way could then be expanded to meet the 20 foot setback. The City does not have a shoreline ordinance in effect, which would set the setbacks from the normal high water line. While the DNR has some standards for setbacks of facilities and structures, they do not have jurisdictional authority to enforce those standards. They are only guidelines. The petitioner would incur some expense to reconfigure the parking area; however, it would not be as great as reconfiguring the easterly parking area. Ms. McPherson stated the second variance is to reduce the driving aisle width for two-way and one-way traffic. The parking lot is laid out in a herringbone fashion and the driving aisles that are one-way would be reduced from 18 feet to a minimum of 15 feet. The way the site is laid out there is not a great deal of flexibility for the parking lot to expand to the east or west without reducing the number of parking stalls or incurring a major expense on the part of the petitioner. This is also true for east parking area along Highway 65. Ms. McPherson stated staff's recommendation is that the Appeals Commission recommend partial approval of the variance request. • APPEALS COMMISSION MEETING. FEBRUARY 3 1991 PAGE 3 Staff recommends approval to reduce the hard surface setback from 20 feet to 10 feet along the easterly property line along Highway 65, and to reduce the driving aisle width from 25 feet to 20 feet and 22 feet for two-way traffic and from 18 feet to 15 feet for one-way traffic, subject to approval of the special use permit, SP 91-01. Staff recommends the Appeals Commission recommend denial of the variance to reduce the hard surface setback from 20 feet to 15 feet along the north property line for the northwesterly parking area. Ms. Savage stated it looked as if there will be a requirement from the Rice Creek Watershed district and asked if this would be a stipulation. Ms. McPherson stated it would be a stipulation that would be applied to the special use permit, which is also contingent on approval of the variance. Ms. Savage asked the current setback from the curb in the northerly section of the parking lot. Ms. McPherson stated the setback varies between 10 feet and 15 feet depending on where it is measured. Ms. Smith asked if there were islands there now. Ms. Mcpherson stated she believed the site plan indicated there are islands. Dr. Vos asked if this is an existing condition. Ms. McPherson stated, yes. Ms. Savage asked if what is being proposed is any different from what exists in the northerly section of the parking area. Ms. McPherson stated, no, this is being requested to correct a nonconforming status, as part of the building review proposal. As part of the approval process for construction, staff tries to have the property come into conformance or process a variance request. Dr. Vos asked how the property came into nonconformance. Ms. Dacy stated she believed churches were at one time allowed in any district without particular standards. In the 1970's, the City amended the code to permit churches in a residential area and required a special use permit. This predates that requirement. Ms. Smith asked what would need to be done if the request was denied. APPEALS COMMISSION MEETING. FEBRUARY 5 1991 PAGE 4 Ms. McPherson stated the site would need to be reconfigured to meet the requirements. Dr. Vos asked if they would have to move south. Ms. McPherson stated, based on the proposed plan, the proposed expansion would provide 269 parking spaces on site. However, the number of spaces actually required would be 296, and staff has some stipulations on the use of the proposed Fellowship Hall and existing sanctuary such that they cannot be used for separate functions at the same time. The church has indicated in their letter from Cunningham Architects, included in the staff report, that 254 spaces appears to be adequate for their needs at this time. The plan as proposed would meet their needs. Ms. Savage asked if the request for the northerly section is to bring the parcel into conformance with the code. Dr. Vos asked if this is also the case for the easterly parking area. Ms. McPherson stated this is correct. Dr. Vos asked if the aisles are also existing. Mr. McPherson stated yes. In speaking with the architect, they looked at alternatives for parking but this is the way the site functions best. Dr. Vos asked if there is an exit on the east side. Ms. McPherson stated there is, but this exit is proposed to be closed and would be moved. Dr. Vos asked if there would be a new exit and curb cut to the west. Ms. McPherson stated, yes, this is proposed to be new. There is also an existing entrance/exit. Dr. Vos asked if this lot is also a park and ride lot. Ms. McPherson stated, yes, it is a park and ride lot. Dr. Vos asked if a church had to meet requirements of green space. Ms. McPherson stated there is a lot coverage requirement for the structure, but the code does not set requirements for impervious surfaces. The church is within the guidelines for lot coverage as far as the structure is concerned. APPEALS COMMISSION MEETING. FEBRUARY 5 1991 PAGE 5 Mr. Robert Becker, President, St. Philip's Lutheran Church congregation, stated he understood that the City would like to make {I things right as the City continues to have building codes. St. Philip's is a model of the community and will continue to be so. Moving the curb back on the north side will do nothing. On the east side, there is the ditch and Highway 65 and that doing too much different than they have now will not accomplish anything different. He was not sure what the City would get by incurring greater expense to the church to give the City more options. In terms of green space, the church has much green space. If you have driven by the church, it is a beautiful and well kept site. The sanctuary will be kept as a model for the community. He did not see the need to move the curb and incur additional expense. The building project will cost approximately $1.5 million. With the economy the way it is, the church would like to have this brought in. The additional expense for changing the parking lot would be very difficult for the church to do. Ms. Savage stated it appears that the church intends to add landscaping so there would be additional green space. Mr. Becker stated this is correct. Dr. Vos asked, if the curb was changed to 20 feet along the north line, would that mean the island would have to moved back and there would be a green area there? Ms. McPherson stated this is correct. There is existing green space. Ms. Smith stated this would have to be moved 5 feet. Ms. McPherson stated this is correct. Mr. Becker stated this would require new curbs and would reduce the number of parking spaces. Dr. Vos asked if another curb to the south is to keep the parking lot the same size. Ms. McPherson stated the staff's point of view is that they could add additional parking spaces in that area. Dr. Vos asked how much linear feet of curb would have to be replaced. He estimated it would be approximately 100 feet. Mr. Becker stated if they do not build, nothing changes. This is an extremely nice facility. The church wants to build to make it nicer, and to incur these costs does not seem to be reasonable. Mr. Kuechle asked if the church has a cross parking agreement with the funeral home across the street. APPEALS COMMISSION MEETING. FEBRUARY 5 1991 PAGE 6 Mr. Becker stated they did. By moving back the entrance to the parking lot, they are saving several problems with traffic at the intersection at Highway 65. Moving the entrance back will also make it easier for the City. Ms. Smith asked if the City proposed that they go to another 5 feet of green. Ms. McPherson stated, yes. Mr. Grandstrand stated that, with the proposed project, the church would like to do everything that is new in accordance with the City code. There appears to be a large part of the existing site that is unaffected by the construction. The areas they are looking at are areas that will not be changed as a result of the expansion. As a result, their desire would be to leave them as they are from the standpoint that it would add additional cost at this point. When the original structure was constructed, it was in accordance with the code at that time. The acquisition of land along Highway 65 by the State also puts the church out of compliance. Mr. Tempas, Cunningham Architects, stated what is proposed is taking areas on the islands and adding 5 feet in a space that is over 100 feet in length. Visually you won't see much of a difference other than the landscaping that will be put on the islands. Another key point is by removing parking at West Moore Lake Drive and Highway 65, they have taken what was, at best, marginal and improved it. They are replacing what was parking in that corner with landscaping. That in their minds was a big plus for the City. Parking has been as it is now for at least 30 years. MOTION by Mr. Kuechle, seconded by Ms. Smith to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:55 P.M. Ms. Smith agreed that taking out the entrance near Highway 65 is a nice move. This is a bad corner, and there have been great problems as traffic has increased. Along West Moore Lake Drive, to move this amount of curbing for 5 feet doesn't make sense. She would be inclined to recommend approval on that and go along with the staff recommendation on the rest of the variance. The property is very well kept. Dr. Vos stated he agreed. The alternative to move the south curb line is actually moving it closer to the lake. He would rather keep the lot away from the lake. This is not a very advantageous trade off for 5 feet. He would rather keep hard surface away from the lake for ecological and aesthetic reasons. APPEALS COMMISSION MEETING. FEBRUARY 5 1991 PAGE 7 Ms. Savage stated she was concerned also about moving closer to the lake and disturbing wetlands. She did not see this as a viable alternative. This is a condition that was preexisting and not created by the petitioner. She stated the improvements are going to be within the spirit of the code and will in fact enhance the property. She would be inclined to grant the variance. Mr. Kuechle stated he generally agreed. Along the east side, maintaining the code there would be difficult. He is not particularly opposed to the 20 foot requirement on the north and simply giving up 8 parking spaces. It is an alternative. MOTION by Ms. Smith, seconded by Dr. Vos, to recommend approval of Variance Request, VAR #91-01, to reduce the hard surface setback from 20 feet to 15 feet and 10 feet, subject to approval of the special use permit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Dr. Vos, seconded by Ms. Smith, to recommend approval of Variance Request, VAR #91-01, to reduce the driving aisle width from 25 feet to 20 feet and 22 feet for two-way traffic and from 18 feet to 15 feet for one-way traffic, subject to approval of the special use permit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council would consider this request and the special use permit request at their February 25, 1991, meeting. Dr. Vos asked if the parking lot is striped at 9 feet. Mr. Tempas stated the parking lot is striped at 10 feet. CONSIDERATION OF VARIANCE REQUEST, VAR #91-02. BY VANCE AND MARY EN LSON: Per Section 205.07.03.D. (1) of the Fridley City Code, to reduce the front yard setback from 35 feet to 14.5 feet for an existing condition, and to reduce the front yard setback from 35 feet to 21 feet to allow the construction of a garage and additional living space, on Lots 18, 19, 20, and 21, Block Y, Riverview Heights APPEALS COMMISSION MEETING. FEBRUARY 5 1991 PAGE 8 Addition, the same being 600 Buffalo Street N.E. , Fridley, Minnesota, 55432. - NOTION by Dr. Vos, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:05 P.M. Ms. McPherson stated the property is located at the southwest corner of the intersection of Buffalo Street and Broad Avenue. In addition to the variance request, the petitioner has also applied for a special use permit in order to allow construction in a flood zone. The property is zoned R-1, Single Family Dwelling. Currently on the property is a single family dwelling unit and a detached two-car garage. The petitioner is proposing to construct a two-story addition with a two-car garage with laundry area, and storage on the first floor and bedrooms and bath on the second level. Ms. McPherson stated the current structure is nonconforming as it is 14.5 feet from the front property line at the shortest encroachment. The proposed addition would be at 21 feet. In analyzing the request, staff looked at the fact that the house could not be moved in order to conform to the 14.5 encroachment. However, in looking at the addition, staff felt there was perhaps some flexibility in that it could be redesigned to meet the 35 foot setback requirement. Staff recommends that the Appeals Commission recommend approval of the variance to reduce the 35 foot setback to 14.5 feet for the existing part and to deny the request to reduce the setback from 35 feet to 21 feet for the proposed addition. Mr. Kuechle stated Broad Street is not open as shown at this location. Ms. McPherson stated it is a paper right-of-way south of Buffalo. The City has the right-of-way, but no street was ever constructed. Dr. Vos stated this technically is a corner lot and asked what the side yard setback would be in that instance. Ms. McPherson stated the side yard setback on that side would be 17.5 feet. Mr. Kuechle asked if there is a natural grade there or if there is a dike. Ms. Nelson stated there is a dike. Because of the problems of designing a structure in a flood plain, she and her husband worked with a designer to conform as best they could to those requirements. There is a naturally wooded area on the property APPEALS COMMISSION MEETING, FEBRUARY 5 1991 PAGE 9 which includes almost all of Lot 21. There is a foot path that comes in 15 feet from the corner and that area is raised. The path goes through to 79th Avenue. Dr. Vos asked if the existing garage would be removed. Ms. Nelson stated it would. Dr. Vos asked where the 35 foot setback would be in comparison to the currently proposed 21 foot setback. Ms. Nelson stated that with a 35 foot setback, the addition would need to moved back 14 feet. Ms. McPherson stated this is correct. The proposed structure has approximately a 6 foot setback from the side of the existing structure. Ms. Nelson stated this house is the only house on that side of the street. There is a garage to the west, but they do not own that property. Ms. Dacy stated there is approximately 60 to 70 feet between the structures. Ms. McPherson stated there is a fairly large change in topography to the east in that area. Dr. Vos stated he would assume there is a dwelling across the street. What is the setback for that dwelling? Ms. Nelson stated these houses are not set back 35 feet. One garage is a few feet from the street, and the other two houses are approximately the same distance from the street as their house. Dr. Vos asked if Buffalo is a normal width street. Ms. Dacy stated Buffalo is a 40 foot right-of-way with 5 to 8 feet of boulevard. There is 20 feet from the center line to the property line. This area is a very old plat. Dr. Vos asked the petitioner for their view of the staff's recommendation. Mr. Thomton, the designer, stated that in designing the home, the existing laundry would be remodeled to make a kitchen and breakfast area. This is an area where the Nelson's could look at the portion of the yard which is private and more aesthetic. In the addition, he has extended the west wall of the garage and cut off one corner at a 45 degree angle to accomplish this. To put this further back would cut off the view. There were restrictions in designing the APPEALS COMMISSION MEETING. FEBRUARY 5 1991 PAGE 10 addition because of the flood plain. They cannot add living space on the ground level because of the flood plain requirements. Ms. Nelson stated they want space on that side of the lot which is aesthetically most pleasing, and they have tried to do as much as possible to have a view on this area. Mr. Thornton stated one of the arguments for the setback was that one could not park a car there. There is enough room to park a car in the proposed plan. Ms. Nelson stated another reason for the setback was line of sight. That would never affect them on that block, There cannot be anyone else building to the east, because there the a right of way. Adjacent is a private building. On the other side is an area that floods every spring. There won't ever be any more building because they would have to raise the level of the road. Moving the addition would restrict the functionality of their home. In showing the diagram, it would take away from the living area because of the existing structure. Because of family circumstances, the space is needed as well as an open area to the kitchen. Dr. Vos asked how much more space would be added. Mr. Thornton stated the addition is approximately 30 feet by 36 feet or about 1,000 sq. ft. of living space. Ms. Nelson stated the natural state of the lot is very important to them. They do not want to take out any trees. She had spoken with neighbors and is aware of their feelings. The surrounding wooded part to the south would be kept in a natural state. They have been involved with action to the creek, Springbrook Creek, including an annual meeting to help clean up the creek. There is much interest to keep the area the same. One neighbor asked if they intended to do anything with the woods. She stated they want to keep that as is and wish to maintain the path which is publicly used. The area is enjoyed by many and they want to see it continue this way. MOTION by Ms. Smith, 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 8:15 P.M. Mr. Kuechle stated he was in favor of granting the variance as requested. If one looks at the site, there is minimal traffic so, although the street is narrow, off street parking is not critical. He did not think the visual impact on the neighborhood would be that great because there are no other houses to the east. There is little choice but to grant the variance for the existing APPEALS COMMISSION MEETING. FEBRUARY 5 1991 PAGE 11 structure. Denial of the second variance would require them to construct their home in an inconvenient fashion with little visual impact. Offsetting will not improve that much. Since they are in a flood plain area, they cannot build living space on the ground level which reduces the number of options available. He would recommend approval. Ms. Beaulieu agreed. The front view of the proposed structure is aesthetically very nice and seems to be an improvement over what is there now. To make the petitioner push it back 14 feet would look odd. Dr. Vos stated the existing structure would look out of place if it would be placed 14 feet back. He would be uncomfortable to have it that far back. With the flood plain problem and the hardship of that, he would have no qualms about voting to approve the variance. Ms. Savage stated this is a unique property in that general area. She felt the petitioner was trying to make the best of the circumstances and felt this would be an improvement. Ms. Smith stated she would agree that the proposed changes would greatly improve the property. MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend approval of Variance Request, #91-02, to reduce the front yard setback from 35 feet to 14.5 feet for an existing condition, and to reduce the front yard setback from 35 feet to 21 feet to allow the construction of a garage and additional living space, subject to approval of the special use permit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated the special use permit would be considered at the February 21st meeting. Ms. McPherson stated the variance request and special use permit would be considered by the City Council at their March 4 meeting. OTHER BUSINESS Ms. Dacy introduced Ms. Beaulieu as the newly appointed member of the Appeals Commission. Ms. Beaulieu stated she is an attorney in Fridley with an office located on Highway 65, and she teaches part-time at William Mitchell Law School. She and her family reside in Fridley, and she has three children - two children in college and one child in high school. APPEALS COMMISSION MEETING. FEBRUARY 5 1991 PAGE 12 ADJOURNMENT MOTION by Ms. Smith, seconded by Dr. Vos, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE FEBRUARY 5, 1991, APPEALS COMMISSION MEETING ADJOURNED AT 8:30 P.M. Respectfully submitted, 44-V-17-7t,m) vonn Cooper 6t, ,ipzo/ Recording Secretary