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10/28/1992 PLANNING COMMISSION MEETING AGENDA WEDNESDAY, OCTOBER 28, 1992 7:30 P.M. Public Copy Planning Commission City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, OCTOBER 28, 1992 7:30 P.M. ----------------------------------------------------------------- LOCATION: Fridley Municipal Center, 6431 University Avenue N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: October 14, 1992 PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #92-11, BY CELLULAR ONE: Per Section 205.18.01. (C) . (7) of the Fridley City Code, to allow radio transmitters and microwave towers, on Lots 3-6, Block 7, Great Northern Industrial Center, generally located at 5330 Industrial Boulevard N.E. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #92-07, DOWDS ADDITION, BY GLACIER PARK COMPANY: To replat that part of the Northwest Quarter of the Southeast Quarter of Section 34, T-30, R-24, described as follows: Commencing at the intersection of the south line of Lot 36, Auditor's Subdivision No. 39, Anoka County, Minnesota, with the east right-of-way line of Anoka County State Aid Highway No. 1 (also known as East River Road) ; thence northerly, along said east right-of-way line, a distance of 134.5 feet; thence easterly, parallel with said south line of Lot 36 a distance of 145.00 feet to the point of beginning of the land to be described; thence westerly, deflecting 180 degrees 00 minutes 00 seconds to the right, a distance of 145.00 feet; thence northerly, along said east right-of-way line of said highway, a distance of 580. 00 feet; thence easterly at right angles a distance of 100.00 feet; thence southerly, parallel with said east right-of-way line of said highway, to the point of intersection with the northwesterly extension of the east line of the parcel described in that certain Correction Warranty Deed from Burlington Northern, Inc. , and from the Minneapolis, Anoka, and Cuyuna Range Railroad Company to Dunkley Surfacing Company, Inc. , dated July 3, 1973, filed in the office of the County Recorder, Anoka County, on July 18, 1973, and recorded in Book 1047 of Deeds, Page 396; thence southeasterly, along said northwesterly extension, to the point of beginning. This property is generally located at the 4000 block of East River Road N.E. Planning Commission Meeting Agenda October 28, 1992 Page 2 OTHER BUSINESS: Review of Water Quality Ordinances: * Chapter 208, "Erosion Control" * Chapter 205, "Zoning" amendment Review of ISTEA Bikeway Funding.Application Review Housing Program RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING OF SEPTEMBER 22, 1992 RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF OCTOBER 1, 1992 ADJOURN: CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 14, 1992 CALL TO ORDER: Chairperson Betzold called the October 14, 1992, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dave Kondrick, Dean Saba, _ Sue Sherek, Diane Savage, Connie Modig, Brad Sielaff Members. Absent: None Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Justin Droessler, 8141 Riverview Terrace Bob Schroer, 7620 University Avenue N.E. Andy Lindquist, 200 Ely Street N.E. Bob Lehraz, 490 Rice Creek Boulevard Peggy Smith, 170 Liberty Street N.E. APPROVAL OF SEPTEMBER 9; 1992, PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Sherek, to approve the September 9, 1992, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #92-10, BY JUSTIN DROESSLER: Per Section 205.24.04. (D) of the Fridley City code, to allow construction in the CRP-2 District (flood fringe) on Lots 31 and 32, Block S, Riverview Heights, generally located at 8141 Riverview Terrace N.E. MOTION by Mr. Kondrick, seconded by Ms. Savage, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is located at the intersection of Riverview Terrace and Hugo Street. The property is zoned R-1, Single Family Dwelling. The petitioner is proposing to construct PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 2 a 20 ft. by 24 ft. attached garage onto the existing single car garage and single family dwelling unit. Ms. McPherson stated that in addition to the special use permit, the petitioner has also applied for a variance. The variance request was to reduce the rear yard setback from 29 feet to 8 feet to allow the proposed accessory structure to be constructed. The total addition would enlarge the petitioner's existing single car garage to a three-car garage. Ms. McPherson stated the property is located in the CRP-2 or Flood Fringe District. The Zoning Code does allow construction in the Flood Fringe District; however, a special use permit must be granted by the City prior to construction of either habitable or accessory structures. Habitable structures are required by Federal Law and the Zoning Code to be constructed one foot above the regulatory flood elevation. However, accessory structures can be constructed below the regulatory flood elevation if they are floodproofed according with to applicable regulations. If the special use permit is approved, ' staff has stipulated that the expansion of the accessory structure would be floodproofed in accordance with the applicable regulations. Ms. McPherson stated the Engineering Department had requested that the petitioner execute a 20 foot street and utility easement along Riverview Terrace for the future expansion of Riverview Terrace to meet Minnesota State Aid Street Standards. However, staff has since been advised by the City Attorney that the City cannot require the petitioner to sign the easement as a condition of approval. Therefore, stipulation #1 as recommended by staff should be struck by the Planning Commission. Ms. McPherson stated the petitioner does have the option of con- structing a detached accessory structure which would not require a setback variance. The Appeals Commission recommended that a variance only be granted to enlarge the existing garage to a two- car garage, which would reduce the rear yard setback to 18 feet from the requested 8 feet. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the special use permit request either for the first proposal of the expanded garage or for the second proposal of the detached accessory structure, with the following stipulation: 1. The expanded accessory structure shall be floodproofed in accordance with all applicable regulations. Mr. Betzold stated that in the past whenever they have had a request for construction in the floodplain, the Planning Commission has usually recommended that the petitioner sign a hold harmless agreement to prevent any lawsuit against the City. Has the City • PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 3 Attorney ever given any opinion on whether or not a hold harmless agreement should be required? Ms. McPherson stated the City Attorney has never given any indication as to whether or not a hold harmless agreement should be required in all instances or only be required with the construc- tion of habitable space. A hold harmless agreement would specifically state that in addition to the special use permit, the City acknowledges that the petitioner is constructing in the flood fringe, that it is possible the property may flood; however, while the City is granting permission for the construction, it is not to be held liable for any damage that would occur as a result of the City granting the special use permit. Mr. Betzold stated he would like the City to require a hold harmless agreement whenever there is any construction in the Flood Fringe District. Mr. Betzold stated that in the staff report, staff had also recommended a second stipulation: "Variance request, VAR #92-19, shall be approved. " Ms. McPherson stated the petitioner's preferred option is to expand the existing garage which requires the variance. However, it would be possible to construct a detached accessory without violating the setback requirements to the Zoning Code. He has enough space to meet the 3 foot setback required in the Zoning Code. Therefore, she believed that stipulation #2 is no longer necessary. Mr. Droessler stated he had nothing to add to the Staff Report. MOTION by Ms. Sherek, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:55 P.M. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of Special Use Permit, SP #92-10, by Justin Droessler, per Section 205.24.04. (D) of the Fridley City code, to allow construction in the CRP-2 District (flood fringe) on Lots 31 and 32, Block S, Riverview Heights, generally located at 8141 Riverview Terrace N.E. , with the following stipulations: 1. The expanded accessory structure shall be floodproofed in accordance with all applicable regulations. 2. The petitioner shall sign and record against the property a hold harmless agreement which releases the City from any liability. PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 4 UPON A VOICE VOTE, ALL.VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that the variance request and special use permit request will go to City Council on November 9, 1992. 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #92-06, LYNDALE GARDEN CENTER, BY ROBERT SCHROER OF EAST RANCH ESTATES: To replat Lot 1, Block 1, East Ranch Estates 1st Addition; Lot 1, Block 1, East Ranch Estates 3rd Addition, including that part of vacated 77th Avenue; the south 33 feet of Lot 5, Block 2, East Ranch Estates 2nd Addition, including that part of vacated 77th Avenue; and . Lot 4, Block 2, East Ranch Estates 2nd Addition, except the east 200 feet thereof, as measured parallel with the east line of said Lot 4, and also except the west 115 feet of the east 315 feet of the north 160 feet of said lot, Anoka County, Minnesota, generally located at 7620 University Avenue N.E. MOTION. by Mr. Kondrick, seconded by Mr. Sielaff, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:00 P.M. Ms. McPherson stated the property is located at the intersection of the West University Avenue Service Road and Osborne Road. In the past year, the City has processed several land use requests for this parcel, including a rezoning, a lot split, and a street vacation for the redevelopment site. In addition to the plat request, there is also a variance request regarding the rear yard setback, the required number of parking spaces, and, while not associated with the plat, there was also a sign variance request. The variance request was reviewed by the Appeals Commission on October 6, 1992. Ms. McPherson stated that during the original review of the proposed development, it was the intention that Bob's Produce would continue to own the entire redevelopment parcel and would lease a portion of the site or building to Lyndale Garden Center as a secondary tenant. This particular request is generated as a result of Lyndale Garden Center wanting to create its own lot for fee simple ownership. The request is similar, but more complicated, to the request by Skywood. Mall and Kelly Inn to divide ownership along a zero lot line. Unlike that request, the buildings are at a 90 degree angle to one another versus at the same building line. Ms. McPherson stated this plat request is unique in that the parcel is uniquely shaped. There are also easements held by the Metropolitan Waste Control Commission and the St. Paul Waterworks which limit the site's developability. The buildings are located PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 5 on the site due to the location of the easements. Due to these factors, a typical subdivision cannot occur on this site. The lots meet the minimum lot area and lot width requirements for C-3, General Shopping Center District. Ms. McPherson stated that while the variance request is to reduce the required number of parking spaces from 102 to 13 based on the development which includes a large amount of outdoor sales space, the Lyndale Garden Center parcel can accommodate approximately 97 parking spaces, which is only 5 short of what is required by Code. Ms. McPherson stated the lots continue to function as one develop- ment; therefore, staff is recommending that cross parking and access easements be executed between the two lots in order to provide access and parking as long as the development exists. Ms. McPherson stated the rear yard variance is to reduce the rear yard setback from 40 feet to 0 feet; however, there is a minimum of 85 feet between the rear of the Lyndale Garden Center building and the southerly lot line of Lot 5, Block 2, East Ranch Estates 2nd Addition. The distance separation between the southerly lot line and the building to the north does far exceed the 40 feet required by Code. Zero lot lines are permitted in the C-3, General Shopping Center District; therefore, a variance is not necessary to create the zero lot line for the existing buildings. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the preliminary plat request with the following stipulations: 1. Variance request, VAR #92-21, shall be approved. 2 . The petitioner shall execute cross parking and access easements between Lot 1 and Lot 2, Block 1, Lyndale Garden Center Addition. 3 . The petitioner shall submit a drainage plan and drainage calculations for the redevelopment parcel. 4. The petitioner shall execute and record against Lot 1, Block 1, Lyndale Garden Center, a detention pond or storm water pond maintenance agreement. Mr. Betzold stated that if something happened to the existing building and the owner decided to rebuild in the same location, is that desirable or should the Commission put in some contingency that would change the configuration of the property? Ms. McPherson stated the original redevelopment proposal looked at tearing the existing building down and moving it north of the MWCC sewer easement. However, due to soil problems, the petitioner opted not to do that and is proposing to construct the addition as PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 6 proposed. She is not sure that by approving the plat, the City could legally require either the current owner or a future owner to relocate the building in any other location except where it is proposed. The City granted several variances to the existing parcels as they are currently legally described. Staff would recommend that the Planning . Commission not stipulate where the building is to be located. Mr. Bob Schroer stated he had nothing to add to the Staff Report. He stated Barbara Dacy and Michele McPherson have done an out- standing job in their assistance with this project. Mr. Saba stated that if this plat request is approved, he would like to add a stipulation as . a reminder to staff that a landscape plan shall be submitted and approved by the City. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M. MOTION by Ms. Savage, seconded by Mr. Sielaff, to recommend to City Council approval of Preliminary Plat, P.S. #92-06, Lyndale Garden Center, by Robert Schroer of East Ranch Estates, to replat Lot 1, Block 1, East Ranch Estates 1st Addition; Lot 1, Block 1, East Ranch Estates 3rd Addition, including that part of vacated 77th Avenue; the south 33 feet of Lot 5, Block 2, East Ranch Estates 2nd Addition, including that part of vacated 77th Avenue; and Lot 4, Block 2, East Ranch Estates 2nd Addition, except the east 200 feet thereof, as measured parallel with the east line of said Lot 4, and also except the west 115 feet of the east 315 feet of the north 160 feet of said lot, Anoka County, Minnesota, generally located at 7620 University Avenue N.E. , with the following stipulations: 1. Variance request, VAR #92-21, shall be approved. 2 . The petitioner shall execute cross parking and access easements between Lot 1 and Lot 2, Block 1, Lyndale Garden Center Addition. 3 . The petitioner shall submit a drainage plan and drainage calculations for the redevelopment parcel. 4. The petitioner shall execute and record against Lot 1, Block 1, Lyndale.Garden Center, a detention pond or storm water pond maintenance agreement. 5. A landscape plan shall be submitted and approved by the City. PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that on November 9, 1992, the City Council will establish a public hearing for November 23, 1992 . 3. PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #92-06, BY THE CITY OF FRIDLEY: To rezone the following properties from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial: Lots 9-22, Block 13, Spring Brook Park Addition Lots 14-35, Block 12, Spring Brook Park Addition. Lots 18-31, Block 5, Spring Brook Park Addition Lots 22-27, Block 4, Spring Brook Park Addition Lots 2 and 3, Block 1, Mar-Len Addition That part of the Southwest Quarter of the Northeast Quarter of Section 3, Township 30, Range 24, lying easterly of the easterly right-of-way line of the railroad, southerly of the North 135 feet of said Quarter, and northerly of the South 844 feet of said Quarter, except that part taken for road; subject to easements of record. The South 844 feet of that part of the Southwest Quarter of the Northeast Quarter of Section 3, Township 30, Range 24, lying easterly of the easterly right-of-way line of the railroad; except that part taken for road; subject to easements of record. Parcel A, that part of Lot 1, Block 1, Mar-Len Addition, according to the recorded plat thereof, Anoka County, Minnesota, lying west of the East 230 feet thereof and lying north of the South 60 feet thereof. Parcel B, the East 230 feet of Lot 1, Block 1, Mar-Len Addition, according to the recorded plat thereof, Anoka County, Minnesota, and the South 60 feet of that part of said Lot 1, lying west of the East 230 feet thereof. MOTION by Mr. Kondrick, seconded by Ms. Modig, 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 8:20 P.M. Ms. McPherson stated this request is to follow up on the City's adoption of the M-3, Outdoor Intensive, Heavy Industrial District. PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 8 The City has created a third industrial district from the M-1, Light Industrial District, and M-2, Heavy Industrial District. The purpose of the M-3 district was to create a district in which those uses which require a large amount of outdoor storage would have to be limited and controlled in that particular district. Staff was specifically concerned about trucking terminals and outdoor storage yards. The City Council had a desire to have more control over where those types of uses would be located in the City. During the evaluation and creation of the ordinance, staff looked at three options: A. Create M-3 zoning district in text only. B. Create M-3 zoning district in text and on map. C. Maintain current ordinances. Ms. McPherson stated the City Council chose Option B to create the text, create the new zoning district, and rezone certain parcels to M-3 district. Ms. McPherson stated that while adopting the M-3, Outdoor Intensive, Heavy Industrial zoning district regulations, the City also amended the M-1, Light Industrial and M-2, Heavy Industrial zoning district regulations in order to eliminate the outdoor intensive uses from those districts. The properties to be rezoned contain outdoor intensive uses and they are generally located north of 79th Avenue, west of University Avenue, and east of the railroad tracks. These properties include Park Construction, ANR Trucking, Joseph Land Trucking Company, the small vacant piece just east of Joseph Land Trucking Company, and a vacant piece west of Hickory Street and east of the Burlington Northern Railroad Tracks, just south of the Springbrook Nature Center. Ms. McPherson stated the proposed rezoning brings the trucking terminals and construction companies into conformance. At the same time, the M-3 district still allows those uses which are currently permitted in the M-1 and M-2 districts, so the properties still have a wide variety of uses: The adjacent roadways have been designed to accommodate the amount of daily truck traffic in the area associated with these uses. It is the City's opinion that this area of the community is best suited for the M-3, Outdoor Intensive, Heavy Industrial zoning classification. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the rezoning of these parcels from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial. Mr. Betzold asked if the businesses located in the new M-3 district will be allowed to do anything different in M-3 that they were not allowed to do in M-2 districts. Are there any more restrictions in the M-3 district? PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 9 Ms. McPherson stated the only significant difference is that trucking terminals and outdoor storage yards are permitted in the M-3 zoning district and are no longer allowed in the M-1 or M-2 districts. There are significant landscaping and screening requirements for these types of uses. Mr. Kondrick stated he has driven by Park Construction recently, and their gravel pile is very high, beyond what he would think would be an acceptable height. Is there any way to restrict the height of the gravel pile? Ms. McPherson stated Park Construction is issued a rock crushing permit every two years. That would be the vehicle by which the City could control the height of the piles of dirt, asphalt, concrete chunks, etc. As of right now, there is nothing in the ordinance that deals with this particular issue. Mr. Kondrick stated he believed the Planning Commission should be notified when the rock crushing permit is going to be reviewed by the City Council. Mr. Andy Lindquist, 200 Ely Street N.E. , stated that he lives across the tracks from the proposed rezoning. He asked if it would be possible to grandfather in the outdoor intensive use so the existing businesses have their current abilities, rather than to rezone the property? He understood that staff is saying the use of these properties is going to remain the same, but with the rezoning, he could see these businesses getting away with more and more before the City finds out and cracks down on them. Mr. Lindquist stated he agreed with Mr. Kondrick, that the gravel pile at Park Construction is horrible. His neighbors complain every time it is windy and the dust from that pile blows all over. Mr. Lindquist stated one of his neighbors who could not attend the meeting asked him to submit a letter to the Planning Commission. MOTION by Mr. Kondrick, seconded by Ms. Savage, to receive into the record a letter from Edward Bishop, 212 Ely Street N.E. , in which Mr. Bishop stated that he is opposed to the rezoning and that the Planning Commission should consider the impact this rezoning will have on the residential neighborhood and Springbrook Nature Center. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Lindstrom stated his neighbors also complain about noise from Park Construction, especially when the concrete is being crushed. When the City is reviewing the rock crushing permit, he would also like the City to consider, not only the height of the gravel pile, but also the hours of operation. PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 10 Ms. Dacy stated that in the four years she has been with the City, she has not received any complaints from the neighbors about Park Construction's operation. She would encourage the neighbors that if there are problems, the City staff needs to know about those problems. The Council will react to the testimony of the neighbors at the public hearing on this rezoning. Mr. Betzold stated he would also encourage the neighbors to contact not only City staff, but also City Council members, so the Council members are aware of these problems. Ms. Dacy stated the rock crushing activity will still require a special use permit under the M-3 zoning, so the City still has the ability to enforce stipulations if they have a documented record of noise issues and complaints over a sustained period of time. Ms. McPherson stated the City has adopted by reference the MPCA standards which would require Park Construction to comply with air pollution and dust standards. The City has limits on hours of operation in general. The City also has a noise ordinance and the City's Code Enforcement Officer or police will take sound tests. Additional staff people are also available through the MPCA to help mitigate some of these issues. But, first, the City has to know about these problems. Mr. Saba stated that if they do not have height restrictions now for Park Construction, they should address that now, not wait for another two years. Ms. Peggy Brown, 170 Liberty Street N.E. , stated that noise from Park Construction has been a problem, but she now knows what the neighborhood has to do to bring that issue to the Council. She is not concerned about the height of the gravel pile other than from a safety standpoint when children climb on it. She stated her only concern with the rezoning to M-3 was that these businesses were going to be allowed more than they were allowed in M-1 and M-2 zoning, but she no longer has that concern. Ms. McPherson stated the other issue is that once they have property that is nonconforming, policy-wise it becomes very difficult to deal with. With Park Construction, there are other avenues to explore to correct any violations. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public • hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:45 P.M. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of Rezoning, ZOA #92-06, by the City of Fridley, PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 11 to rezone the following properties from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial: Lots 9-22, Block 13, Spring Brook Park Addition Lots 14-35, Block 12, Spring Brook Park Addition Lots 18-31, Block 5, Spring Brook Park Addition Lots 22-27, Block 4, Spring Brook Park Addition Lots 2 and 3, Block 1, Mar-Len Addition That part of the Southwest Quarter of the Northeast Quarter of Secton 3, Township 30, Range 24, lying easterly of the easterly right-of-way line of the railroad, southerly of the North 135 feet of said Quarter, and northerly of the South 844 feet of said Quarter, except that part taken for road; subject to easements of record. The South 844 feet of that part of the Southwest Quarter of the Northeast Quarter of Section 3, Township 30, Range 24, lying easterly of the easterly right-of-way line of the railroad; except that part taken for road; subject to easements of record. Parcel A, that part of Lot 1, Block 1, Mar-Len Addition, according to the recorded plat thereof, Anoka County, Minnesota, lying west of the East 230 feet thereof and lying north of the South 60 feet thereof. Parcel B, the East 230 feet of Lot 1, Block 1, Mar-Len Addition, according to the recorded plat thereof, Anoka County, Minnesota, and the South 60 feet of that part of said Lot 1, lying west of the East 230 feet thereof. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE SEPTEMBER 3 , 1992 , HUMAN RESOURCES COMMISSION MEETING: MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the September 3, 1992, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE SEPTEMBER 10, 1992, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the September 10, 1992, Housing & Redevelopment Authority minutes. PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE SEPTEMBER 14, 1992, PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the September 14, 1992, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE OCTOBER 6, 1992, APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Kondrick, to receive the October 6, 1992, 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, all voting aye, Chairperson Betzold declared the motion carried unanimously and the October 14, 1992, Planning Commission meeting adjourned at 8:50 p.m. Re pectfully s mitted, e Saba Recording Secretary STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date : October 28, 1992 City Council Date : November 9, 1992 REQUEST Permit Number SP #92-11 Applicant Cellular One Proposed To allow radio transmitters and microwave towers Request Location 5330 Industrial Boulevard N.E. SITE DATA Size Density Present Zoning M-2, Heavy Industrial Present Land Use(s) Industrial Adjacent M-2, Heavy Industrial to the North, South, East', and West Zoning Adjacent Land Use(s) Industrial Utilities Park Dedication Watershed District Six Cities ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Approval with stipulations Appeals Commission Planning Commission Author MM/dn • SP".#92-11 Cellular One S //2 SEC. 22, 7 30, R.24 CITY OF FR/DLEY 20 • r� 42 I',^/ I (til i I l�r fry—__ _wf 1 - • '# , y. # .R R.L.S. . e; i� ` Ik it y '' "o j , ; . :� �. ' Ue. AUDITORS/ < wr / 1/i F.: ." / fwI/ / '4 rn / I ,/ � _ I kt 0. r " � �r. a , ,._—�_/LATER _� ��'" j' i • '" ice-- - V 1 lilt,��: . '/ / '•• ( l i ; 'i ; GREAT ,= «/ tqi % ; Via» ,. \•» il i,. i 4... * ;:i iZ'' •l--*L-1' • / % h // /' -' i ,/ ,pl, , , VN :TH. 1/1 t. l i i' /2. s 0 L ‘µ4! ,)} \ _ �1 - . L W, :-7 ---' ti-i ..' , -^- " 7. p r s, h.3 •�`• C*•, pO V v� ism : ' DU -,.::� a F.AGC.C•7 • .. / • ti• /• ,�` i'` ,'• ,w� 'S ' . " :...•14;..:.;)".:'';1"• 14 ' i pit 4 :... 7i tt ..� 4 tt/ i ` ` .: ,, •: OUTLOT E CO I S,• i ' `.110.: , z. 8 r :: z` y, ;�, ,` �,� fl __ „�. �t' CENTER , 7' /rill / / •1. - .. .UTLOT .. _ a ; �..... «�x< S/.v CORNER I 0 DO i u, a. .3 u 1 / 11 m• a f.r........e.b.. Sc.E tt ,,. . / I O. O � 0 • 30 i _ ••um:KATES d III LOCATION MAP ' • SP #92-11 Cellular One 1 - ••••%•• • . . ' / — . - / / - 2. //;". - Y / i it rrrr r D % ! ao• I�r�ll�l�r+r/r�rr - - �� ��irrrirr0rrirrrirrr • • ��_ .�- - - -- TATEj /1 . 'NK- HIGHWA I I I Is GREAT % r% // 1/ . 2 ii . • • • .": /4 / :4 0 • , v; : # /; '//,/ ii % / ,..* C- / - 4: / 7/ t 1 % / 10 0 is p," ,7 - 0 / /*ski; / 0/ 77 # , d/4, f / • I i, /.. /# ,,,..4 .0.:4, t,) f . itACT 1 V/ .icy :. 4 I g3• / /�, V4y17kri i'% / �. /♦ ► ,*./ . /�/ X. '7 .,:5,-j-.,-‘54:451"1-#454:A/ - Ar . . • r (ki . 1 t.-Zeil , 7-- , ., / /z, 9 , .. ,..,,, _____ , , . 1 vz.- 4-, Ai . 4,#/z," , i ' - a . . I r%1 . • i• /ice : 5241 - , iRY1 ,i; 72J( / ! - • i r'ocl'r I yr7-/" di Z ' ';,44,)(/con-iv I :,/ .".../r,'%"5/:?' ;KI-..e;_..1:./#'////d're"/".#7,fr://40/.1rel 7 J• r I 1. „," eI ,y-,:.-1;..., 4I 4A.:;,; • . . .,,...: .• I � 1 .i.i..........,, 1 f ♦ t { i • 4.1)(e ' • 1 1 ed,i- 7 ( t-, t., c) t . ,•1° 4,9 A 9 e:y . ; /*. ,it• • ZONING MAP • Staff Report SP #92-11, by Cellular One Page 2 Request The petitioner requests that a special use permit be granted to allow radio transmitters and microwave towers in the M-2, Heavy Industrial district. The request is generally located at 5330 Industrial Boulevard N.E. in the Great Northern Industrial Center which is south of I-694 and west of the Burlington Northern Railroad tracks. Site Located on the property is . American Midwest Power Inc The property is currently zoned M-2, Heavy Industrial, as are the adjacent properties to the north, south, and east. The Anoka County Mississippi Regional Park is located to the west of the property across East River Road. Analysis The petitioner proposes to install a 100 foot tall transmitting tower for Cellular One mobile phones. In addition to the tower, there will also be a 12 ' x 28 ' shelter containing equipment associated with the proposed tower. The tower and shelter are located in the rear yard of the subject property and are partially screened by an existing wing wall of the Midwest Power facility. The proposed addition to the property does not adversely affect the lot coverage, and meets all the required setbacks. Granting the special use permit would not adversely impact the subject parcel or adjacent parcels. The monopole is located over 400 feet from the Industrial Boulevard right-of-way, and over 300 feet from 53rd Avenue, therefore if the pole were to fall, it would not create a public safety hazard. There is approximately 150 feet between the monopole and the adjacent building to the north. The monopole is best located in an industrial park where structures are located farther apart, and where structures are larger. The pole is located in an area where there are tall light standards (Wickes Furniture) , therefore, it is not obtrusive. Staff would recommend that the City enter into a hold-harmless agreement with the fee owner to release the City of any liability should the tower fall on the building or damage the property. A list of other Cellular One sites is attached for the Commission's information. Recommendation Staff recommends that the Planning Commission recommend approval of the special use permit, SP #92-11, to allow radio transmitters and microwave towers, with the following stipulation: 1. The petitioner and fee owner shall execute a hold-harmless agreement which releases the City from any liability as a result of granting the special usepermit. • SP #92-11 Cellular One / /\\ • c 3 _ - "`•e. \ , •:• "1 ,\\I_ i. - -_ - _ a \ / Ai I AA4 t',�At\*. \ 6 0 �\ / / _..j �tf,rtirri tt'\ v. ' / •- ���tit't / to ,�'\ \� Qt �1 / Il `\ / g v,' / 1t / -._ m / IIII'' `. I I. �, „ ill i / ,,1''I' 1111 / ) V ill II IL III j II ��lint11 / diI1 • ''(t1 / N L6 iiiii / ' O ,y �\ jrz i D .Jr 0 W • rt;e . . :1• -4 n H .i 1. oq rcOn ; 71, < u CO 3 E, c+ H O 11. o m m 6 (0 H o 4 Z SITE PLAN •••• • Cellular •••••• ■■■■■ ■ ..■■■■■■ The Mobile Telephone Company 2515 24th Avenue,Minneapolis,MN 55406(612)721-1660 September 24, 1992 City of Fridley 6431 University Avenue N.E. Fridley, MN. 55432 Attn: Ms. Michele McPherson, Planning Assistant Re: Application for a Conditional Use Permit Dear Ms.McPherson: This letter is submitted with the application of Cellular One of Minnesota for a Conditional Use Permit to allow a cellular telephone transmitting site on property owned by American Midwest Power, Inc.. Said property is currently zoned M-2, Heavy Industrial. Cellular One's license from the Federal Communication Commission to operate a cellular telephone system in the Twin Cities Metropolitan Area requires that the area be adequately serviced. Currently we are experiencing low signal levels along Interstates I-94/694 and`surrounding areas. To correct this problem,it is necessary for Cellular One to construct an additional cellular site which would provide a strong signal level without interfering with the existing cell sites which currently surround this area. Our Engineering department has identified a potential cell site location southeast of the intersection of Interstate Highways 94 and 694. The enclosed application is for a Conditional Use Permit pursuant to Section 205.18.0C(7) regarding transmission/radio tower within the Industrial Districts. This cell site will consist of a shelter building 12'x 28'x 10', made of prefabricated-concrete, which is brought out to the site completely finished. The shelter building houses the radio equipment, power converters, computer and batteries necessary to operate a cell site. Panel type antennas will be placed on top of a self supporting 100' monopole. The enclosed photographs show the proposed monopole "air brushed" in as it would appear,if viewed from various directions. We have enclosed our check in the amount of$200.00 to handle the application and administrative fees for a Conditional Use Permit. I have also enclosed the following material associated with this application: a. Cellular brochures 12 copies b. Photographs(4 different views) 12 copies of each view c. Check number 1055 for $200.00 d. Full size site plan 3 copies e. Reduced size site plan (8x11) 1 copy f. Application with attached letter 1 copy If you need additional material, information or have questions, please call me at 721-1660. Very truly, Cellular One y() Warren Dunlap Property/Site Acquisition Mgr. ENC V 1 L f L 1 4 f f V 6127214770 CELLULAR ONE F-341 T-281 P-002 OCT 21 '92 12:48 "' Arden Hills 4251 Fernwood Avenue On wazitir—k zx Arden Hills,MN 55112 (612)482-9421 Roose' ille 2420 West County Road C +awev" Roseville,MN 55113 (612)633-9535 Formac 4699 Humboldt Avenue North This site may possibly Minneapolis,MN 55430 be moved (612) 521-1659 ( aice.--1Dvs/e' Spring Lake Park 8249 Arthur Street Northwest O via &i. Spring Lake Park,MN 55432 • (612)784-8075 Brooklyn Park 6713-100th Avenue North a l�{� ��O Brooklyn Park,MN 55443 (612)424-3775 , 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, October 28, 1992 at 7:30 p.m. for the purpose of: Consideration of a Special .Use Permit, SP #92- 11, by Cellular One, per Section 205.18.01. (C) . (7) of the Fridley City Code, to allow radio transmitters and microwave towers, on Lots 3-6, Block 7, Great Northern Industrial Center, generally located at 5330 Industrial Boulevard N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than October 21, 1992. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. DONALD BETZOLD CHAIR PLANNING COMMISSION Publish: October 13, 1992 October 20, 1992 y'!2,-?` w "1� ti I`1 r �.'; e: !' ri.4 1 t g �`;n r 3 dt.V` '{pc.,;' ♦ r. � �i ♦ V CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. '' FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT .. N. s SPECIAL USE PERMIT APPLI���TM��ATION FORM .. - �; {:. Mi , .S ty , R tit '.: ": PROPERTY INFORMATION site plan required forsulimittal; see attached Address: 5330 Industrial Blvd.':Northeast t nk b , r , ' , Property Identification Number(PIN) 4 'g u *4" 4 " ' "' Legal description: Section 22, Township 30, Range24,Mf`SWS _ ;,E ' .a ti' uY;;-T.,~_ ly g. Lot 3, 41 5 Sc6 Block 7 Tract/Addition Great Northern industrial` Center Current zoning:. M-2 Square footagelacreage �_ � � " � 1 .", :$ � - ; '-':i: Reason for special use permit: SEE: ATTACHED SHEET, r; .4 7?' :,," :$ r `- ` Section Hof City Code �F.205 '18 O1C (7) ; Have you operated a business in a city which required a business license? Yes X No If yes,which city? ` Minneapolis "- , If yes, what type of business? Communication 'Y:= - . Was that licenseever denied or.revoked? Yes No X �, ri`ri': PEE OWNER INFORMATION`(as°'it appears on the`pro1. pertr title) w r f, : '` � 'I !. a k. (Contract Purchasers: Fee Owners must sign this form prior to rocessin P P g); , 5 NAME American Midwest Power, Inc- _ :., .Y ADDRESS - • i ustrial Blvd: Northeast Minn= •li;, MN �c,F 1 DAYTIME PHONE 571-5555 ' .'x� � SIGNATURE- ..� ,, - A ,G t DATE. - PETITIONER INF 1 R ATION : .., v q • ` w <NAME Cellular One .. " a ,x 4 ,,. ADDRESS 2515 - 24th Avenue`South , t.; �� ' Minneapoli ,'MN 55406 k k 4. DAYTIME PHONE` 721-1660 'a SIGNATURE A ._# • --.7":"....... k9 DATE /... �f 7Z Fee: $200.00 X‘- $is �A '$100.00 ! r '•for'.residental2nd acce , 4 ssory buildings �` Permit SP# I2=_j ' _. ,Rece'pt# '1/9 3 •' a }'fit Y- Application received by; lade,- _ Scheduled Planning Commission date: ('+f )f iV` -S,` /9. . : f 4> `` Scheduled City Council date: , o- SP #92-11 Plannin Cellular One g October 9, 1992 MAILING LIST Council Cellular One Warren Dunlap 2515 - 24th Avenue South Minneapolis, MN 55406 American Midwest Power, Inc. 5330 Industrial Boulevard N.E. Fridley, MN 55421 Twin Stores Inc./Wickes Furn. 5353 East River Road N.E. Fridley, MN 55421 Twin Stores Inc. 351 Dundee Road Wheeling, IL 60090 Wickes Companies Inc. 3340 Ocean Park Boulevard • Santa Monica, CA 90405 Perlman Rocque 51 - 52nd Way N.E. Fridley, MN 55421 Perlman Rocque ` 711 Vandalia Street St. Paul, MN 55114 Current Resident 5255 East River Road N.E. Fridley, MN 55421 Teachers Retirement System 1601 Response Road, Suite 300 Sacramento, CA 95815 Current Resident 5301 East River Road N.E. Fridley, MN 55421 Glacier _Park Company 1011 Western Avenue, #700 Seattle, WA 98104 American Midwest Power Inc. 1550 Hamel Road Hamel, MN 55340 City Council Members Planning Comm. Chair a r STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date: October 28, 1992 City Council Date : November 9, 1992 REQUEST Permit Number P.S. #92-07 Applicant Glacier Park Company Proposed To replat a. portion of Lot 36, Auditor's Subdivision No. 39 Request Location 4000 block of East River Road N.E. SITE DATA Size 62,851. 1 square feet Density Present Zoning M-2, Heavy Industrial Present Land Use(s) Vacant/storage Adjacent M-2, Heavy Industrial to the North, South, and East; Zoning P, Public, to the West. Adjacent Land Use(s) Burlington Northern to the East; Minneapolis Water Works to the West. Utilities Park Dedication $.023 per square foot $1 ,445.58 Watershed District Six Cities ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Approval with stipulations. Appeals Commission Planning Commission Author MM/dn P.S. #92-07 ' Glacier Park Co. z • '� iA..,.7.1m.... ^I*�: •'1.x • fXs s.'/a`.�F r 1 I �O } •f7 7 SO• �•• ' 1 /,% tb, i •' ,••4'' ~ - ,,.t.. 'sdi),1C VIC,-r,1T ryi lA' A r .�' M � i h. I 'l!//'71J' _ :c... ..•: ;) cam ,,, . fir' / � "� ' k • �!?„•v3 t -1, ;.SAY y - �y } _ /\(-f-'1 .i !): \ `- t �', illt �T' ( 1 , , i - Saarii //d /Yy o<< tv' r1..-' LOf,7 p�irpo/irs ; �`� 9 11'` NcrthePA Pvcifi, ,� )t ., ' y a • = , X 2' Rat/way/^�Co. , / :f b ,- x o • • S r i r a. f' < • RRs/ V ., �I) s�' 4;\ \ 1 - , Y rf000 : ,, I,�.f rTI q J ie/wo i-s s h /�• -• FOiJi7.........,- ._- Foi.: .4.4r: .,-...„...i.h. .hR I7t A5 : ° I I S �o J 1 ,C tb) 1. y Y �. 0. V iv..1,.., rr .1:"!.., :,,47-1,',--, :''': -:....,•1 1 . y • iT4...i:t.: ,7...::."`,..:' .0**"'_,4...1.•''' , " . • - .:--.. • :....- --,-,.:..1 ,:::...:'.::: $ - I 'i ) t k , o I -— �1A0O�' ., 1 ' North trn Paci r�' ' v ) Rai/wa 5_, Co•ti •r% es So) , ,' , ,"•^ t - ., ri ) t \ 4 12O\ 19 fr ) `` . ' +3a -1 7•Vs '%% • yer i I *- t.i, PT. •44 4hos)O �i r � rra I�-`_•_�s - y a 5 • 1 � ' %��>*�qo: I.. . I � i . • a >Y . II, , { /G) 3 ' � t ^ tir. .sz. t K 3 ', • a, %� ` ... `k• o-A '_.._.... 1 'fit) - +•- ci -Y' — ----•rst A16�tt3' -. . y.•. . '....r LOCATION MAP : - • P.S. #92-07 Glacier Park Co. (c. 's f•J ' C,- " ii \ 7 I .... . , •._, v r, ui ' -,?) 0 • ) • 4' 1.' .. 31:;) ...:,, . IS / .: I Ct.:;;) j ; :.• )-P3 ' t i . .1'',3 .i..d .5 -', t"-'1 ••., 1 ..4 "t2 ti 0 Q C '';--;";.• ,'""). ' 1 . . . V,.,6) 0 0 .•::') t'.:-) d I • 1. . ! 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I I f a ., ) • „.- - - ..v k ' -:;.. „Jr-2-x-- ‘..;, ! _ ,- , • ZONING MAP P.S. #92-07 ' Glacier Park Co. -a :.: tar.:3 i.i53�::,:i i l 6 35� 481>3 .1 M. 4..:'„r4:5. 7Mgt. -.S i L=OF - ^i s ,„:.1 sac•.. : y :� 5 v�.,.. E! n ,ii.14134"i1'1921. 3 8: I ' k C'..1A i 4 3`. till >. �2 E;sn.:9:i•5Ci„pj $ '8 P a'y i:• 9: r:sp<E 6 5 '9i ;:?» 5• 3'63 4. 3 3 i P tl SS'"� c1 5 13 %"7.1. 24 �a�gg�.�-_: y '� .:k virgay E 5 s� g . .Fsg :f »g' : $ s 3.:4:: . ! " i�tbsi O a `ii" i �i" : : .S ;� . i▪ fy ;- . 8 �9gY�` ?: t83'9 » ' y� : ;itvfk :«4..; 114 gilkil A • CA . 1111 • :ftwIt C14 ;1,4 'OM ? 3HiNOH • --:-�� ....•�.....<w HO1fNIlNflg / <..nglN.`N.' O .�..w..y..i M.9S,Lp.SS ST333.49.WE �� •N .O Olt I 0O " t 1Ol ]t I woos .,.......,..«. —��`="—_— _ . 3 II: QYO!! $ 1 t1 k� 'ON OYON If3Alb OIY 1SY3 1 F I. 31Y1S• �� !i. ; --.--------___-------------------------________________ 1.--_ I . t. '1 SITE PLAN Staff Report P.S. #92-07, by Glacier Park Company Page 2 Request The petitioner requests that a plat be approved to create a separate parcel. The property is generally located on the 4000 block of East River Road N.E. Site The property is currently used as a portion of the Certified Auto Recovery yard which is owned by James Dowds. The property is zoned M-2, Heavy Industrial, as are the properties to the north, south, and east. The Minneapolis Water Works facility is located to the west of the subject parcel across East River Road. Analysis The subject parcel was conveyed from Burlington Northern and the Minneapolis, 'Anoka, and Cuyuna Range Railroad Company to Dunkley Surfacing Inc. in 1973. The parcel was then leased to James Dowds, and in 1988, Burlington Northern sold a large portion of its excess property located adjacent to its railroad yards to Glacier Park Company, a real estate subdivision of Burlington Northern, in order for Glacier Park to dispose of the property through development or sale. Anoka County recorded the original deed in 1990; however, the County, in attempting to create a property identification number, observed that the City of Fridley had not authorized the subdivision. The plat request will legally create a parcel as was originally described in 1973 . and will allow the deed to be officially recorded at Anoka County. The subject parcel. does not meet the minimum lot area. It is 62,851. 1 square feet in area (1.44 acres) . The lot width does meet the minimum requirements; however, it appears that there is not adequate depth to allow a buildable lot once the required setbacks are applied. There are also easements which also affect the lot's buildability. Specifically, a natural gas pipeline and a utility easement exist on the lot,. There does appears to be adequate. buildable area at the south end of the subject parcel; however, the location of the easements will determine the overall buildability of the subject parcel. Anoka County Highway Department has reviewed the preliminary plat. The County will require that a formal request be submitted if an additional access is required from East River Road. In conjunction with the plat request, the petitioner will be required to pay a park dedication fee of $.023 per square foot prior to recording the plat at Anoka County. Staff Report P.S. #92-07, by Glacier Park Company Page 3 Recommendation Staff recommends that the Planning Commission approve the plat request, P.S. #92-07, with the following stipulation: 1. The petitioner shall pay a park dedication fee of $.023 per square foot ($1,445.58) prior to recording the plat at Anoka County. 2. The subject parcel shall be combined with the adjacent property to the south. A restrictive covenant shall be recorded against the lot which states that the lot is unbuildable on its own. 3 . A formal request shall be made to Anoka County if another entrance to the parcel from East River Road is required. 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, October 28, 1992 at 7:30 p.m. for the purpose of: Consideration of a Preliminary Plat, P.S. #92-07, Dowds Addition, by Glacier Park Company, to replat that part of the Northwest Quarter of the Southeast Quarter of Section 34, T-30, R-24, described as follows: Commencing at the intersection of the south line of Lot 36, Auditor's Subdivision No. 39, Anoka County, Minnesota, with the east right-of-way line of Anoka County State Aid Highway No. 1 (also known as East River Road) ; thence northerly, along said east right-of-way line, a distance of 134.5 feet; thence easterly, parallel with said south line of Lot 36 a distance of 145.00 feet to the point of beginning of the land to be described; thence westerly, deflecting 180 degrees 00 minutes 00 seconds to the right, a distance of 145.00 feet; thence northerly, along said east right-of-way line of said highway, a distance of 580.00 feet; thence easterly at right angles a distance of 100.00 feet; thence southerly, parallel with said east right-of-way line of said highway, to the point of intersection with the northwesterly extension of the east line of the parcel described in that certain Correction Warranty Deed from Burlington Northern, Inc. , and from the Minneapolis, Anoka, and Cuyuna Range Railroad Company to Dunkley Surfacing Company, Inc. , dated July 3, 1973, filed in the office of the County Recorder, Anoka County, on July 18, 1973, and recorded in Book 1047 of Deeds, Page 396; thence southeasterly, along said northwesterly extension, to the point of beginning. This property is generally located at the 4000 block of East River Road N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than October 21, 1992. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community. Development Department at 571-3450. DONALD BETZOLD CHAIR PLANNING COMMISSION Publish: October 13, 1992 October 20, 1992 a. ' ., CITY OF FRIDLEY 6431 UNIVERSITY 3° N.E. x 55Development O,Tmnmitp el t Department (612) 571-3450 PLAT APPLICATION FORM PROPMY INFORMATION - site plan required for submittals; see.attached Address: 4000 Block of East River Road,' Fridley Legal der.iption: see attached Lot Block Tract/Addition zoning: M-2 (heavy current zSquare industrial) Reason for plat: approval of subdivision FEE aFTt R IINFORNATION (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME Glacier Park Company ADDS 999 Third Avenue, Suite 4500 Seadie, WA 98104-4097 LIAYTIME PHONE (206) 467-7132 ;., , SIGNAZURE eft a September 2 , 1992 PETITI•- Imo` INFORMATION NAME same as above ADOff2F5S ,, <. DAYTIME PHONE SIGNATURE DATE Fee:$500.00 for 20:lots - ✓ • r -i � �. $ 15.00 for each additional lot =' Permit P.S. # 417--01 . Recepit # . • ! o� Application received by: pv(. Scheduled Planning Commission date: or ,� l 2- Scheduled City Council date: A a • That part of the Northwest Quarter of the Southeast Quarter of Section 34, Township 30 North, Range 24 West, 4th Principal Meridian, Anoka County, Minnesota, described as follows: Commencing at the intersection of the south line of Lot 36, Auditor's Subdivision Number 39, Anoka County, Minnesota, with the east right-of-way line of Anoka County State Aid Highway No. 1 (also known as East River Road) ; thence northerly, along said east right-of-way line, a distance of 134.5 feet; thence easterly, parallel with said south line of Lot 36 a distance of 145.00 feet to the point of beginning of the land to be described; thence westerly, deflecting 180 degrees 00 minutes 00 seconds to the right, a distance of 145.00 feet; thence northerly, along said east right-of-way line of said highway, a distance of 580.00 feet; thence easterly at right angles a distance of 100.00 feet; thence southerly, parallel with said east right-of-way line of said highway, to the point of intersection with the northwesterly extension of the east line of the parcel described in that certain Correction Warranty Deed from Burlington Northern, Inc. and from the Minneapolis, Anoka and Cuyuna Range Railroad Company to Dunkley Surfacing Company, Inc. , dated July 3, 1973, filed in the office of the County Recorder, Anoka County, on July 18, 1973, and recorded in Book 1047 of Deeds, Page 396; thence southeasterly, along said northwesterly extension, to the point of beginning. Planning 10/9/92 P.S. #92-07 Glacier Park Company MAILING LIST Council Glacier Park Company 999 Third Avenue, Suite 4500 Seattle, WA 98104-4097 Attn: Joanne Mauiek Petersen, Tews & Squires 4800 IDS Center 80 South Eight Street Minneapolis, MN 55402-2208 Attn: Jane Willette Anoka County 325 East Main Street Anoka, MN 55303 Current Resident 4040 East River Road N.E. Fridley, MN 55421 Minneapolis Water Works 4300 Marshall Street N.E. Fridley, MN 55421 City of Minneapolis 350 South 5th Street Minneapolis, MN 55415 James Dowds 3737 East River Road N.E. Fridley, MN 55421 City Council Members Planning Comm. Chair 'mom, • t° COUNTY OF AN OKA DEPARTMENT OF PROPERTY TAX ADMINISTRATION ��'NE50� Edward M. Treska, Property Tax Administrator COURTHOUSE • 325 EAST MAIN STREET • ANOKA, MN 55303 (612)421-4760 April 13, 1992 Mr. Leon Madsen City of Fridley . 6431 University Ave. NE . Fridlcsri ey, MN 55432 • . . RE: PIN 34-30.-24-42-0013 • • • Dear Mr. Madsen: The above referenced PIN was established to account for property contained within the Burlington Northern Railroad operating acres, that was being leased to James Dowd. In 1988 Burlington Northern sold part of their operating acres, including the portion that was being leased to James Dowd, to Glacier Park Company. Since Burlington Northern no longer owns the property, they can not be leasing it. I am enclosing a copy of the deed. This document was recorded March 26, 1990, but did not come to the Auditor's office. The existence of this document was brought to our attention in July, 1991 (see enclosed letter from Janet Zuber, Glacier Park Company) . In doing the research for this document, I realized that it created a division of the Burlington Northern operating acres PIN 34-30-24-43-0014 . Since the document did not have the city of Fridley's subdivision approval stamp, I informed Ms . .tuber that the stamp or a resolution from the city would be needed before we could make this transfer for tax purposes (see enclosed letter dated Aug. 29, 1991) . I have spoken with Ms. Zuber twice since I sent her the letter. The last time I spoke with her, on March 31, 1992, she understood the problem and indicated that she was having Title Services pursue the division stamp. It is my understanding that Glacier Park is in the process of selling this property, so a resolution of the problem should be forthcoming soon. If you have any other questions regarding this matter or if you would like to be updated with the current status, please feel free to call me at 421-4760 ext. 1138 . Sincerely, Jonell M. Sawyer Manager of Property Tax Services Affirmative Action / Equal Opportunity Employer • • E •i, ' . • • • • r• • • • 0 '' .0/7 /- 896994 ex i, a The total consideration for this transfer of property is S1,000.00 or less 5 State Deed Tax Duc:S 3p • QUITCLAIM DEED - . BURLINGTON NORTHERN RAILROAD COMPANY (formerly named Burlington Northern • • Inc.), a Delaware corporation, Grantor, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in confirmation of, and pursuant to, the Asset Transfer Agreement and Deed as of May 26,'1988 between Grantor k and Grantee, conveys and quitclaims, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, to , GLACIER PARK COMPANY, a Delaware corporation, of 1011 Western Avenue, Suite 4-; 700, Seattle, Washington 98104, Grantee, all its right, title and interest, '••' if any, in and to that certain parcel of land located in the County of.Anoka, `r' State of Minnesota, being more particularly described on Exhibit "A" attached ^' hereto and made a part hereof, together with all after acquired title of :` Grantor therein. F' • '. Dated this 7* day of 9.14/11t.,11 , 1922r.tf M A N&i • BURLINGTON NORTHERN RAILROAD COMPANY • . ` R►� BY Director - Title Services a. • ATTEST: Anita D. Wells • a'` Assistant Secretary :-), . • a -.. ." . - ,t. , •,ram �•• •'", a',.- .:l •. • •~ V - , • • • • /I 0 . • •, • STATE OF WASHINGTON ) • ) ss. • COUNTY OF KING ) The foregoing in trument was acknowledged before me this. 'Tilt- day of 19 . by J. H. Ilkka, Director - Title Services and Anita D.s.a?feriFiLid4 , ssIstant Secretary of Burlington Northern Railroad Company, a Delaware corporation. on behalf of the corporation. • ‘-'k.-i.:11 ar xn ulic / / • My c. mission exp es:(� o9/5a.. • This instrument was drafted by: cRICH III, Glacier Park Company _ A,,,/ Title Services Department k_=,,.�`�t' ''i., Q /, . 1011 Western Avenue. Suite 700 �. 4y `'�,����� Seattle, Washington 98104 5 -" ,`Q�lc.)� 's Z Send Tax STatements to: ,// ,,r'y, Z) eC`: Glacier Park Co. /j ''Nt.,�.,,.+�G`'�i_� 1011 Western Ave., Suite%w /ildt STATE O `� . Seattle, WA 98104 \\\�l�t������ • • C. • A �. • • •. •. • . . . 0 • EXHIBIT "A" That portion of the !NISEI of Section 34, T3ON, R24W, 4th P.M., Anoka • County, Minnesota, described as follows, to-wit: . ' Commencing at the intersection of the South line of Lot 36, Auditor's Subdivision 39 of the City of Fridley, and the East right-of-way line of State • Aid Road No. 1 (also known as East River Road) as said road is platted and opened, according to the• plat thereof on file and of record in the office of Register of Deeds, Anoka County; thence Northerly along said East right-of-way • line a distance of 134.5 feet; thence Easterly parallel with said South line of Lot 36 a distance of 145.0 feet to the True Point of Beginning of the parcel to be described; thence Westerly, deflecting 180° to the right, a distance of 145.0 feet; thence Northerly along said East right-of-way line of • State Aid Road No. 1 a distance of 580.0 feet; thence Easterly at right angles to the last described course a distance of 100.0 feet; thence Southerly • parallel with said East right-of-way line of State Aid Road No. 1 to the point • of intersection with the Northwesterly extension of the East line of the parcel described in that certain Correction Warranty Deed from Burlington Northern Inc. and from the Minneapolis, Anoka and Cuyuna Range Railroad Company to Dunkley Surfacing Company, Inc., dated July 3, 1973, filed in the t° office of the Register of Deeds, Anoka County, on July 18, 1973, and recorded'in Book 1047 of Deeds, Page 396; thence Southeasterly along said Northwesterly extension to the True Point of Beginning. • r- __..----.._ VA-14-2..o .--- , _ • -6\1\••— • ---.. -- --V-(-- . //96—6 I(o...r ' - '_ j Si e � \\RA.4a-...--- • Seqgt uence 37'; , 10A.3C.3/3771' .... . ..._. ,. • • • . . . • . . . . . , • • r . , ., . • . . , . • . , • . • . . 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PLANNING DIVISION City of Fridley DATE: October 22, 1992 TO: Planning Commission Members FROM: Michele McPherson, Planning Assistant SUBJECT: Proposed Chapter 208, "Erosion Control" Please review the attached ordinance establishing Chapter 208, "Erosion Control". The ordinance sets forth standards for controlling erosion and sedimentation. The Environmental Quality and Energy Commission reviewed the proposed ordinance at its October 20, 1992 meeting. The Commission recommended that the stronger emphasis be placed on erosion control versus the creation of sedimentation basins. Revisions will be made to the ordinance after review by the Planning Commission. MM/dn M-92-656 ORDINANCE NO. - 1992 AN CMINANCE ESTABLISHING CHAPTER 208 ENTITLED 'EROSION CONTROL', TO THE FRIDLEY CITY CODE The City Council of the City of Fridley does ordain as follows: CHAPTER 208 EROSION CONTROL 208.01 PURPOSE The purpose of this ordinance is to control or eliminate soil erosion and sedimentation. It establishes standards and specifications for conservation practices and planning activities which minimize soil erosion and sedimentation. 208.02 DEFINITIONS The following terms have the meanings given them in this chapter: 1. Conservation plan and time schedule. A document listing a set of practices that when implemented will decrease soil erosion to the soil loss limits on a particular parcel of land. The "time schedule" sets times to implement, make satisfactory progress, and complete the conservation plan. 2. Conservation practices. A. Practices and standards containing a definition, purpose, and conditions under which the practice applies, including design requirements, and specifications containing a statement of details required for installing a conservation practice, including kinds, quality and quantity of work and materials needed to meet the standards. B. A conservation practice may be a permanent or temporary vegetative or structural measure that when applied to the land, will contribute to the control of wind and water erosion and sedimentation. Conservation practices may be used in a development activity area or an agricultural use area. C. Permanent practices are those that have an effective life of ten years or more and include grassed waterways, terraces, field windbreaks, water control structures, grade stabilization structures, sediment retention structures, strip cropping, water and sediment control basins, and other permanent practices approved by the City. D. Temporary practices include conservation tillage, contour farming, grasses and legumes in rotation, emergency tillage, fabric filter barriers, filter strips, storm water inlet and outlet protection and any other cultural practices approved by the City. E. The latest edition of the Field Office Technical Guide or other recognized technical procedures must be used to design, install, and certify practices. Page 2 — Ordinance No. - 1992 3. Development activity. A physical disturbance to the land which may result in sedimentation of adjacent lands or waters. These activities include, but are not limited to, clearing, grading, excavating, transporting, draining and filling lands. 4. District. The Anoka County Soil and Water Conservation District. 5. Erosion. Any process that wears away the surface of the land by the action of water, wind, ice or gravity. 6. Excessive soil loss. Soil loss which causes sedimentation on adjoining land or in a body of water, water course, or wetland. 7. Field Office Technical Guide. The guide developed by the United States Department of Agriculture, Soil Conservation Service. The technical guide contains methods and procedures by which the various types of erosion can be estimated and conservation practice standards and specifications required in the application of soil and water conservation practices. 8. Land occupier. A person, firm, corporation, municipality, or other legal entity that holds title to or is in possession of any land as owner, lesse , renter, tenant, or otherwise. The term includes both the owner and the occupier of the land if they are not the same. 9. Sediment. Solid mineral or organic material, that, in suspension, is being transported, or has been moved from its original site by air, water, gravity, or ice and has been deposited at another location. 10. Sedimentation. The process or act of depositing sediment that, upon inspection, is determined to have been caused by erosion. 11. Sedimentation control plan and time schedule. A document listing a set of practices that, when implemented, will decrease sedimentation to the allowable level on a particular parcel of land. A "time schedule" must set times to implement, make satisfactory progress on, and complete the "sedimentation control plan". 12. Soil. The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for growth of land plants. 13. Soil loss limit. The maximum amount of soil loss from water or wind erosion, expressed in tons per acre per year, allowed on a particular soil. The United States Department of Agriculture Soil Conservation Service has prepared a soil survey that sets out the soil loss tolerances, according to the Field Office Technical Guide, for each soil found in Anoka County. Any other soil found in the City of Fridley and not set forth in said soil survey has a maximum soil loss tolerance of 5 tons per acre per year. 14. Soil loss tolerance. The maximum level of soil erosion that will permit a high level eLup productivity to be sustained economically and indefinitely. Page 3 — Ordinance No. - 1992 208.03 TECKKEMLWIMES The following handbooks are adopted by reference: 1. Field Office Technical Guide of the United States Department of Agriculture, Soil Conservation Service. 2. Soil Survey of Anoka County, developed by the United States Department of Agriculture, Soil Conservation Service. 3. Minnesota Construction Site Erosion and Sediment Control Planning Handbook. 208.05 SEDIMENTATION PLAN SUBMISSION REQUIREMENTS 1. Prior to any development activity and in conjunction with a building permit or land alteration permit, a sedimentation control plan and time schedule shall be submitted and approved as provided herein. The plan shall identify measures and practices to prevent excessive soil loss or sediment from damaging adjacent land, bodies of water, water courses, or wetlands. 2. The sedimentation control plan and time schedule must specify haw the movement of soil and damage to other lands and regions will be minimized zed during the construction process. These methods include, but are not limited to, the use of: temporary and permanent seedings, fabric, plastic, or straw barriers, mulch, sediment control basins, or other conservation practices adequate to prevent erosion and sediment damage. 3. A sedimentation control plan is not required for the following development activities: A. minor land disturbance activities such as home gardens and individual hcane landscaping, repairs, and maintenance work; B. construction, installation, maintenance of electric and telephone utility lines or individual service connection to the utility lines; C. preparation for single-family residences separately built on lots with slopes 1Pcs than eighteen (18) percent, unless in conjunction with multiple construction in subdivision development; D. disturbance of land areas less than 9,000 square feet for commercial or noncommercial ucc , except that the City may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception applies; E. installation of fence, sign, telephone and electric poles and other kinds of posts or poles; F. emergency work and repairs to protect life, limb or property; and G. federal, state, county, and municipal road construction designed and installed according to standard specifications. Page 4 — Ordinance No. - 1992 4. The following must be addressed in developing and implementing a sedimentation control plan: A. Stabilization of denuded areas and stockpiles; B. establishment of permanent vegetation; C. protection of adjacent areas; D. timing and stabilization of sediment trapping measures; E. use of sediment basins; F. stabilization of cut and fill slopes; G. storm water management for controlling off-site erosion; H. stabilization of waterways and outlets; ° I. storm sewer inlet protection; J. working in or crossing water bodies; K. underground utility construction; L. construction access roads; M. disposition of all temporary measures; and N. maintenance of all temporary and permanent urban conservation practices. 5. The time schedule accompanying the sedimentation control plan must establish deadlines for the implementation and completion of each phase or element of the sedimentation control plan. 6. The Field Office Technical Guide or the Minnesota Construction Site Erosion and Sediment Control Planning Handbook shall be the minimum planning standard for a sedimentation control plan. Any other procedures must be approved by the City prior to its use. 208.04 SEDIMENTRTION PUN REVIEW 1. The City may appoint the zoning or planning director, building inspector, engineer or district to review the sedimentation control plan and time schedule. 2. If the City determines that the sedimentation control plan and time schedule will control sedimentation, the City shall issue a permit that authorizes the development activity contingent upon the implementation and completion of the sedimentation control plan. If the City determines that the sedimentation control plan and time schedule do not control sedimentation, the City shall not issue a permit for the Page 5 — Ordinance No. - 1992 development activity. The sedimentation control plan and time schedule shall be rc-submitted for approval before the development activity begins. 3. A person engaged in a development activity who does not secure a sedimentation control plan and time schedule or make satisfactory progress to complete the plan and schedule is subject to penalties described herein. 4. Occasionally, erosion control strategies will not be feasible or practical in all instances. When this occurs, the City shall take into account the facts and peculiarities of the specific situation and make a decision that is reasonable given the available information and overall circumstances. 208.05 DESIGN STANDARDS 1. All open channels and ponds shall be designed to prevent damage from a 100-year storm of 24 hour duration. 2. All conveyance systems Shall be designed for the 5-year storm of a minimum 20 minute time of concentration. 3. Landscaping, streets, storm sewers, and other drainage and erosion controls shall be installed as early in the construction schedule as is practical. 4. The area and duration of exposure of disturbed soil shall be kept to a practical minimum. 5. Whenever feasible, natural vegetation shall be retained, protected, and supplemented. 6. Where there is inadequate vegetation to protect erosion prone areas during or after development, temporary or permanent vegetation and/or mulching shall be established. 7. Cut and fill slopes shall not be steeper than two (2) to one (1) unless stabilized by a retaining wall or cribbing or as approved by the City Engineer. 8. Cut and fills shall not endanger adjoining property. 9. Fill shall be placed and compacted so as to minimize sliding or erosion of the soil. 10. Fills shall not encroach on floodways, natural water courscs, or constructed channels. 11. Grading shall not be done in such away so as to divert water onto the property or another landowner without the written consent of that landowner. 12. Provisions shall be made to prevent surface water from damaging the cut face of. excavations or the sloping surfaces of fills. 13. The use of debris basins, sediment basins, silt traps, or similar measures may be required to trap sediment in run-off water until a disturbed area is stabilized. Page 6 — Ordinance No. - 1992 14. The use of ponds for temporary storm water storage is encouraged to reduce peak rainfall run-off and peak stream flows. 15. Land shall be developed in increments for workable size such that adequate erosion and sedimentation control can be provided as construction progresses. The area exposed shall not be exposed for a period of tine exceeding sixty (60) days, unless otherwise established in the permit. Ground cover shall be established as soon as possible after work is completed. 16. Development on slopes over eighteen percent (18%) in grade shall not be considered. On slopes with a grade between six (6) to eighteen (18) percent, development shall be carefully reviewed to ensure adequate measures have been taken to prevent erosion, sedimentation and structural damage. 18. Erosion and sedimentation control measures shall be coordinated with the different stages of the development; appropriate control measures shall be installed prior to development when necessary to control erosion. 19. The following control measures shall be taken to control erosion during construction. A. Exposed slopes steeper than ten (10) feet horizontal to one (1) foot vertical shall be sodded to minimize erosion. B. At the foot of each exposed slope, a channel and berm shall be constructed to control erosion. The channelized water shall be diverted to the sedimentation basin (debris basin, sediment basin, or silt trap) before being allowed to enter the natural drainage system. C. Along the top of each exposed slope, a berm shall be constructed to prevent run-off from flawing over the edge of the slope. Where run-off collecting behind said berm cannot be diverted elsewhere and must be directed dawn the slope, appropriate measures shall be taken to prevent erosion. Such measures shall consist of either an asphalt paved apron or a method as approved by the City Engineer. At the base of the slope, an energy dissipater shall be installed. D. Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soil materials, and expected length of exposure. Slope protection shall consist of mulch, burlap, jute netting, sod blankets, fast growing sAsris or temporary plantings of annual grasses. A mulch shall consist of hay, straw, or other approved protective materials. Mulch shall be anchored to the slopes by an approved method to provide additional slope stability. E. Control measures, other than those specifically stated above, may be used in place of the above if it can be demonstrated that they will effectively protect exposed slopes and are approved by the City Engineer. Page 7 — Ordinance No. - 1992 20. When construction work is completed, topsoil meeting MnDOT's Specifications 3877 shall be spread over the developed area and turf establishment started. The soil shall be restored to the minimum depth of four (4) inches and seed and mulch worked into the area. 208.06 SEVERABILITY Every section, provision or part of this Chapter is declared seperable fram every other section, provision, or part to the extent that if any section , provision, or part of this Chapter shall be held invalid, such holding shall not invalidate any other section, provision, or part thereof. 208.07 PENAIMIES Whoever does any act forbidden by this Chapter or omits or fails to do any act required by this Chapter shall be guilty of a.misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code. PASSED AND ADOPTED BY THE CITY C70LJNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE — MAYOR ATI'ESrED: SHIRLEY A. HAAPALA — CITY CLERK PUBLISHED: Community Development Department ::]1 PLANNING DIVISION City of Fridley DATE: October 21, 1992 TO: Planning Commission FROM: Michele McPherson, Planning Assistant SUBJECT: Update on Shoreland Ordinance Staff is currently analyzing the Minnesota Department of Natural Resources' Model Shoreland Ordinance as it pertains to the City of Fridley. The Shoreland Ordinance defines shoreland as land adjacent to a lake, creek, or river within 1,000 feet of the ordinary high water level. Staff's concern is that the ordinance may impact not only the first tier of lots adjacent to public waters within the City, but may also cross the adjacent residential street and impact the second tier of residential lots. In addition, the minimum lot area and lot width would render properties adjacent to public waters nonconforming. We are analyzing the long term policy impacts that adopting the Shoreland Ordinance would create for the City. Staff is currently utilizing the Geographic Information Systems to plot maps adjacent to public waters to determine the existing and proposed setback requirements as they would be adopted under the Shoreland Ordinance. We propose to meet with the Department of Natural Resources' representatives once our analysis is complete to discuss the impact of the Shoreland Ordinance on the City and to determine if it would be more appropriate to adopt a modified Shoreland Ordinance. I will continue to update the Planning Commission as information becomes available. MM:ls M-92-642 / Community Development Department PLANNING DIVISION City of Fridley DATE: October 21, 1992 TO: Planning Commission. Members FROM: Michele McPherson, Planning Assistant SUBJECT: Review of Proposed Ordinance Amending Chapter 205, "Zoning", Building Site Attached please find a proposed ordinance which amends the "Building Site" portion (Section 205.04.04.1) of the Zoning Code. Adoption of the ordinance will allow the City to comply with the Metropolitan Council mandates to adopt best management practices as they relate to storm water management. The proposed ordinance includes the following components: 1. Adopts best management practices. 2. Requires submission of a grading and drainage plan - in conjunction with a. building or land alteration permit. 3. Requires submission of a sedimentation control plan and time schedule in compliance with proposed Chapter 208. 4. Requires a "as built survey" of detention facilities. 5. Requires a storm water detention facility maintenance agreement. Please review and be prepared to comment regarding the attached language at Wednesday's meeting. MM/dn M-92-650 AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 205, ENTITLED "ZONING" BY AMENDING SECTION 205.04.04.I 4. BUILDING SITE A. No lot shall be so reduced or diminished, nor shall any structure be so enlarged or moved, as to reduce or diminish the yards, lot area or open space required in the district in which it is located. No yard or other open space required for any building shall be considered as providing a yard or open space for any other building, and no yard or open space on an adjoining lot or parcel of property shall be considered as providing a yard or open space on a lot where a building is to be erected. B. Only one (1) principal building shall be located on a buildable R-1 lot. C. Every lot, in order to be built on, shall have at least one (1) lot line which abuts for not less than twenty-five (25) feet along a street or along a permanent, unobstructed easement of access to the lot from a public street as approved by the City. D. Where no curb elevation has been established, the City shall furnish such elevations. If curb elevations are not available, the City shall approve the elevation of the building and the drainage plan before a building permit is issued. E. Sidewalks or provision for sidewalks will be required on all arterial and collector streets. The City will furnish the elevation for a sidewalk shelf, which is to be put at grade at the time a building is constructed on the property. The sidewalk shelf will provide the owner with an approximate finish grade for a sidewalk. F. Easements for bicycle ways shall be provided on those lots designated along trail corridors as noted in the City's Bicycle Way Plan. The City will designate the required width of easements and elevations for grades at the time a building is constructed on the property. The bicycle way shelf will provide the owner with an approximate finish grade for a bicycle way. G. Where the front yard setback of existing buildings is greater than the minimum front yard setback required and said existing buildings are within one hundred (100) feet on either side of a structure to be erected, then the setback for the new structure can be six (6) feet more or less of this mean depth of the adjacent structures but in no case shall it be less than the required front yard setback. In the case where one of the adjacent properties is vacant, an assumed setback of thirty-five (35) feet will be used. H. In computing the depth of a rear yard for any building where the rear line of the lot adjoins an alley, one half (1/2) of the width of the alley may be included as rear yard depth, provided that the actual rear yard depth on the lot shall not be less than twenty (20) feet in any residential district and not less than twenty-five (25) feet in any other district. I. No land shall be altered and no use shall be permitted that results in water run-off causing flooding, erosion or deposits of minerals on adjacent properties. The following standards shall be implemented: (1) The City hereby adopts by reference the Minnesota Pollution Control Agency. Division of Water Quality. "Protecting Water Quality in Urban Areas, Best Management Practices for Minnesota" within which are the National Urban Runoff Pollution Standards and Best Management Practices. (2) A grading and drainage plan shall be submitted in conjunction with a building or land alteration permit and shall be drawn at a scale no smaller than one (1) inch equals two hundred feet, and shall contain, but is not limited to, the following information: (a) existing and proposed grades with a minimum of two foot contour intervals to a known sea level datum; (b) sufficient spot elevations on all proposed hard surface areas; (c) estimated run-off of the area based upon five (5) and one hundred (100) year storm events; id) provisions to carry run-off to the nearest adequate outlet, such as a storm drain, natural drainage way or street; (e) location of any proposed pondinq areas, indicating • the size and depth of the pond and amount of acre feet of water to be stored; If) finished floor elevations of all buildings; (q) identification of soil conditions by type and location, including identification of the water table, and suitability of the soil for the proposed development, and fh) identification of any areas located within a flood hazard zone as identified by the City's floodplain overlays. a * / -. (3) A sedimentation control plan and time schedule shall be submitted in accordance with Chapter 208. (4) Stormwater run-off from a developed site will leave at no greater rate or lesser quality than the stormwater run-off from the site in an undeveloped condition. Stormwater run-off shall not exceed the rate of run-off of the undeveloped land for a 24 hour storm with a 1 year return frequency. Detention facilities shall be designed for a 24 hour storm with . a 100 year return frequency. All run-off shall be properly channeled into a storm drain water course, ponding area or other public facility designed for that purpose. Any change in grade affecting water run-off onto an adjacent property must be approved by the City. (5) In order to ensure the construction was completed in accordance with the approved design and plans, an "as-built" survey of detention facilities on the property shall be prepared and submitted to the City. The plan shall indicate the size, location, elevation, and depth of the pond as well as the location of all structures and any ground opening elevations on them. (6) For those detention facilities which are to be maintained by the property owner, a maintenance agreement shall be executed by the property owner and recorded against the property title to ensure proper ongoing maintenance. J. The standards established herein serve, among the other purposes of this Chapter, to provide each structure located on any land, a building site suitable to its particular needs as well as adequate areas of open space between that structure and any adjacent building, and as deemed suitable or appropriate to each building or structure and their respective uses. It is also deemed a purpose herein to provide standards which encourage uses of land and the erection of buildings and structures in areas which are open, unplatted or without any substantial number of buildings located therein, as are of a type, size, style and design as are deemed by the City and its inhabitants to meet the needs and the purposes of residential, commercial or industrial uses; and, to enable an owner to make a reasonable use of a parcel of land recorded or approved prior to the enactment of this Chapter and is therefore, smaller or different in type, size, style or design from that otherwise required herein. • K. No changes in exterior building dimensions, exterior parking areas or drainage as established in approved City plans will be made unless reapproved by the City. ((ii I} Community Development Department \ PLANNING DIVISION City of Fridley DATE: October 22, 1992 TO: Planning Commission Members FROM: Michele McPherson, Planning Assistant SUBJECT: Bikeway/Walkway Subcommittee Meeting of October 7, 1992 The . Bikeway/Walkway Subcommittee met on October 7, 1992, and completed the following tasks: 1. Reviewed the preferred routes and segments of the bikeway system. Added an additional six segments to those previously identified by the Bikeway/Walkway Sub- committee. Also identified and discussed crossing concerns. These items are identified on the attached City street map. 2. Determined the preferred route type (trail versus lane) for the identified segments. 3. Prioritized the top ten segments to be scheduled for improvements. The top ten segments which were identified include the following: a. University Avenue, west side, from 73rd Avenue to Springbrook Nature Center via 85th Avenue b. University Avenue, east side, Mississippi Street, 57th Avenue c. East River Road, Mississippi Street to the Coon Rapids border d. Central Avenue, 69th Avenue to .Osborne Road. e. Central Avenue, 69th Avenue to Highway 65 f. Brookview Terrace, Mississippi Street to Rice Creek g. 57th Avenue, 7th Street to Main Street h. Jackson Street, 73rd Avenue to Osborne Road, including specific crossing markers at 73rd Avenue Bikeway/Walkway Subcommittee Meeting of October 7, 1992 October 22, 1992 Page 2 i. Mississippi Street from Central Avenue to East River Road 4. Discussed the Intermodal Surface Transportation Efficiency Act funding notice from the Transportation Advisory Board. The segments selected for the funding application will be discussed in a separate memo. The remaining items which need to be addressed include the ISTEA grant application, signage policies, pavement marking policies, crossing marking, bikeway identification, writing of the Bikeway/Walkway Plan text, and the generation of maps for the Bikeway/Walkway Plan. Due to the difficulty in bringing the Subcommittee members together, staff has decided to do the remaining work with a variety of City staff from Community Development, Park and Recreation, Police, and Engineering Departments. Once staff has generated recommendations and policies, these will be brought to the Environ-mental Quality & Energy Commission, Parks & Recreation Commission, and Planning Commission for review and comment. MM:ls cc: Jack Kirk, Direction of Recreation & Natural Resources Scott Erickson, Assistant Public Works Director M-92-653 u,y) Ly VnA�n..vy , J `°fi e"'",J•.71'),�iwi CROSSING CONCERNS Ji.— y, , A p �� ��a a �i•74,;1,'N \ '°' ''•z•,"o ,•, , J.F,TTF$ LOCATION `_ - rrrr�r ySt.i . 1 �i��, -- E•T A Highway 65 at 68th Avenue Warms •, i'r E�► B University Avenue at 69th Avenue C Burlington Northern Route at Osborne Road- milk �; i� �� D Burlington Northern Route at 77th Avenue �1a 4t , ( - E Ashton Avenue at Micheal O'Bannon Overpass �`; ___ ll F Mississippi Street at University Avenue \3 ::!� \'. Li — '(' G Jackson Street at 73rd Avenue „g 27-, I - L.. \ vit __ 10 ,11-- 1 B \-1/IwnVi • a., ��;� .. — I- ...: / s — G _ _,.,ww11ll — o— ,_ . -- 23 ' - ..-„•_.,. ii ' s 11 - A rli_9 , ' 'i , MIC, -::::—.N,•; •1 riT i IX''.ftWitrittl 1*.'"" . t• �4 M1 Y„ J f7 1 cr,.••=1,1, if mL_, M yJ.,v IR. - ' ' . . (-7 fly.-,),,,,11é1I * JL1 ��1� I C__. o 20 �"V o ' t� r t t ' - • IN. ,?o�� 2ION II �^�bQo•,-''w.�'.�'.t�i )-:_- III -��� ' I.I t \ 16.E....—IL, m Li . "2-7.....!---',.. \ Ai.-.7....:.-... irta__1, 1 e.'C.'s C.•. ' I/ I 1 ki L_ ,r• s ..._......:...1 , t ''W it . . h ,,,,, „ .0,, ,,,. am f::i'... • ____,... ' :"'iii:,:c?/ .....:' ::, = ,:i.,liffl U I il [II .sir-:...1.;ii,':.:;."..?g, °ORE , ' ..-4ii:In.:—. :„:: , r 4 A 11 Proillaillninill .1 b.mair ii,., ,, , , . , ,,,,,..,,......., ,,:„ . ... _ ri M.I.1 1 •14,M. . 13 ."""."."'.�1 � 41 4, . • n , / Community Development Department 1 PLANNING DIVISION City of Fridley DATE: October 21, 1992 TO: Planning Commission FROM: Michele McPherson, Planning Assistant SUBJECT: Intermodal Surface Transportation Efficiency Act Funding Application Attached for your review is the proposed funding application which staff has developed in response to the Transportation Advisory Board notice for solicitation of funds from ISTEA appropriations. Staff requests that you review the criteria and the grant application and respond with any comments and suggestions. The application must be submitted by 5:00 p.m. , Monday, November 2, 1992, in order to be considered. The Transportation Advisory Board anticipates that final approval will occur in December. The City proposes to apply for funding for the following segments: 1. University Avenue from 73rd Avenue to 85th Avenue 2. East River Road in two segments from the City of Coon Rapids to Mississippi Street, and from.Mississippi Street to the Islands of Peace Park 3. Central Avenue from Osborne Road to the intersection of Highway 65 and Central Staff has identified these segments as those which provide alternative modes of transportation which is the primary criteria for selecting projects to be funded. If you have any questions regarding the process or ISTEA, we can discuss them at the meeting. MM:ls M-92-652 October 22, 1992 PW92-180 Mr. Emil Brandt, Transportation Coordinator Transportation Advisory Board Mears Park Center 230 E. Fifth Street St. Paul, MN, 55101 Dear Mr. Brandt: The City of Fridley is very excited to learn about your Federal Surface Transportation Program Funding of Bikeway and Walkway Projects. The City of Fridley has been extremely progressive in its approach to establishing a comprehensive bikeway/walkway plan for the City. The Fridley City Council,City Staff,and local citizens identified a need for a bikeway/walkway system through the adoption of the City of Fridley Bikeway-Walkway System Plan which was established in 1975. The attached map depicts existing City and County bikeway/walkway corridors which are currently existing in our area,and those which are being proposed. With possible funding from the Intermodal Surface Transportation Efficiency Act,the City of Fridley looks forward to further integration of its bikeway/walkway system within the City and the interconnection with Anoka County and neighboring City systems. Four are proposed for funding. The proposed bikeway/walkway routes are arterial routes which have been prioritized according to demand and need. The proposed bikeway/walkway routes are consistent with the local and the regional comprehensive plans. The routes have been chosen due to their significance as transportation routes and their interconnection with businesses and public facilities. The routes coincide with neighboring City and County routes. PROPOSED BIKEWAY/WALKWAY CORRIDOR PROJECTS University Avenue/TH 47: Project Length: Project Limits: City of Coon Rapids city limits at on 85th Avenue to 73rd Avenue. Connecting Locations: - City of Coon Rapids - Springbrook Nature Center - Wal-Mart, Target Stores, and Northtown Mall area - Existing business and industrial areas - Residential areas - City of Spring Lake Park trail system - Woodcrest School trail Proposed Date of Construction: July 1993 • October 22, 1992 Page 2 1. The need for the facility is demonstrated by the following: a. This proposed route provides a connection to our northerly neighbor, the City of Coon Rapids. This route traverses adjacent to an extremely heavily traveled north south route that connects businesses, residential dwellings,and a large shopping complex at its northerly end. This route will also connect the Springbrook Nature Center with other facilities and neighborhoods in the City. b. The City of Fridley has adopted and begun implementation of a comprehensive Bikeway/Walkway Systems Plan. The proposed route is a part of the comprehensive plan. c. This portion of University Avenue is currently frequented by riders who use the shoulder of the existing roadway. The Metropolitan Transit Commission Team Transit program recently began using the shoulders for peak hour bus traffic. As this is a very heavily traveled roadway, the potential safety hazards are substantial. The construction of a bikeway/walkway route at this location will help alleviate the hazardous situation and help reduce the congested traffic. d. The implementation of the bikeway will provide a third mode of transportation along this commuter corridor. It will link with other modes of transportation. 2. Existing facilities are being used to their maximum extent. As noted on the attached map, existing bikeways/walkways are currently in place. 3. This proposed facility will link existing bikeway/walkway lanes to create a safe and effective corridor through the City. It will also connect to the neighboring City of Coon Rapids. 4. University Avenue creates a natural barrier as it is a very congested roadway which deters a effective north south connection. Constructing a bikeway/walkway along this route will open up a north/south access to connect other existing routes, facilities and neighboring Cities. 5. University Avenue is a very heavily traveled and congested highway. The ADT for this highway is . The addition of a bikeway/walkway at parallel to University Avenue will provide an alternative to motor vehicle travel. University Avenue is currently being considered as a location for a future light rail transit system. The construction of a bikeway/walkway system along this route would provide additional means of access to LRT. East River Road: Project Length: 2A— 2B — Project Limits: 2A—City of Coon Rapids city limits to Mississippi Way 2B— Mississippi Way to County Park System at Islands of Peace Park Connecting Locations: - City of Coon Rapids - Residential neighborhoods - Industrial and commercial businesses - Stevenson Elementary School October 22, 1992 Page 3 - Riverview Heights Park, Craig Park, Logan Park - Camp Lockslea Girl Scout Camp - Manomen County Park - Mississippi Riverfront County Park and Anoka County trail system - Anoka County trail system connection to City of Minneapolis Proposed Date of Construction: July 1993 1. The need for the facility is demonstrated by the following: a. This proposed route provides connections to our neighbors,the City of Coon Rapids to the north,and the City of Minneapolis to the south, it also interconnects existing and proposed bikeway/walkway routes. This route traverses along a extremely heavily traveled north-south route that connects residences along this route with other routes which travel to places of employment and shopping. b. The City of Fridley has adopted and began implementation of a very comprehensive Bikeway/Walkway Systems Plan. The proposed route is a part of the comprehensive plan. c. This portion of East River Road is heavily traveled with little or no existing shoulders for pedestrians or bicycles. The potential safety hazards along this area are substantial. The construction of a bikeway/walkway route at this location will help alleviate the hazards and help reduce the congested traffic. 2. Existing facilities are currently being used to their maximum extent. As noted on the attached map, bikeways/walkways are currently in place. 3. This proposed facility will link existing City and County bikeway/walkway lanes to create a safe and effective north/south corridor through the City. It will provide a complete system from the Fridley/Coon Rapids border to the Fridley/City of Minneapolis border. 4. East River Road is not an effective bikeway/walkway route due to narrow shoulders and high traffic volumes. Constructing a bikeway/walkway route within the existing right-of-way will create a north/south access to connect existing routes and neighboring Cities. 5. East River Road is a very heavily traveled highway. The ADT for this highway is . The addition of a bikeway/walkway at this location will provide an alternative to motor vehicle travel along this route. East River Road is a busy commuter route connecting many businesses and industrial areas to residential locations. Central Avenue: Project Length: Project Limits: Osborne Road to 69th Avenue 69th Avenue to Highway 65 Connecting Locations: - City of Spring Lake Park trails - Commercial/industrial areas - Residential neighborhoods - Totino High School October 22, 1992 Page 4 - North Park Elementary School - Connect to existing routes connecting to City of Columbia Heights - Rice Creek Park, Flanery Park, Moore Lake Park 1. The need for the facility is demonstrated by the following: a. This proposed route provides a connection to existing east/west bikeway/walkway trails. This route traverses adjacent to another heavily traveled north south route on the easterly edge of Fridley. This route will connect the City of Spring Lake Park to the north, the City of Columbia Heights to the south and the City of New Brighton to the East. b. The City of Fridley has adopted and begun implementation of a comprehensive Bikeway/Walkway Systems Plan. The proposed route is part of the comprehensive plan. 2. Existing facilities are being used to their maximum extent. As noted on the attached map, bikeways/walkways are currently in place at the north end of this segment and will interconnect with east/west routes at 69th Avenue and Mississippi Street. Existing facilities are currently used to their maximum extent. This route will provide a safe north/south route the east side of the City. 3. This proposed facility will link an existing bikeway/walkway lane on the north and connect to existing designated bikeway routes to the south. 4. There is a natural barrier to connecting the existing bikeway/walkway routes. The lack of available right-of-way or easements other than along Highway 65 makes this a preferred north/south route location. Constructing a bikeway/walkway along this route will create a north/south access to connect existing routes, neighboring cities, public facilities, and provide a safe means of alternative transportation. 5. Central Avenue is a very congested highway. The ADT for this highway is . The addition of a bikeway/walkway at this location will provide an effective alternative to motor vehicle travel along this route. The City of Fridley is looking forward to pursuing an aggressive Bikeway/Walkway system in order to to provide an alternative transportation system through the use of bicycles, pedestrians, and other human powered modes of transportation. The City has budgeted the necessary funds to meet the local match for these projects. The easements for the proposed routes are existing. We are looking forward to incorporating the construction of these bikeway/walkway projects into our 1993 Capital Improvement program. If there is any additional information which you require please give me a call at 572-3551. Sincerely, Scott B. Erickson Assistant Public Works Director SE/cz ItMETROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, MN 55101-1634 612 291-6359 FAX 612 291-6550 7TY 612 291-0904 TRANSPORTATION ADVISORY BOARD September 10, 1992- - - . Commissioner, Department of Transportation Chair, Regional Transit Board Chair, Metropolitan Transit Commission County Board Chairs County/City Park Commission Chairs Mayors and Town Board Chairs Re: Interim Solicitation Process for Federal Surface Transportation Program Funding of Bikeway and Walkway Projects 1992 Dear Public Official: The purpose of this letter is to request the submittal of bikeway and walkway projects to be funded by the Surface Transportation Program (STP). The deadline for submittals is November 2, 1992. The Twin Cities region has been allocated STP funds by the Federal Intermodal Transportation Efficiency Act of 1991 (ISTEA). To date, some of these funds have been allocated to highway and transit projects by the region. An interim process is being put in place at this time to solicit bikeway and walkway projects. A total of $1,500,000 is available. A permanent process for allocation of STP and other federal funds will be developed later this year. As you may know, "Enhancements"is another category of federal funding that can be used for bikeways and walkways. Those funds are not included in this process. If the Metropolitan Council/TAB is assigned responsibility to allocate those funds,a process will be developed later in the year. While the interim procedures described in the attachment seem applicable for bicycle and walking facilities, they may need to be adjusted to better serve the region in the future. The TACITAB will utilize the applications submitted as input for the development of the permanent process for allocating federal funds. ' The accompanying material describes two categories of projects -- traditional and innovative. There are separate criteria for each category. All submittals must be received no later than 5:00 p.m.,Monday,November 2, 1992 to be considered. Final approval of selected projects is anticipated in December. Please address your submittals to Mr. Emil Brandt, Transportation Coordinator, Transportation Advisory Board, Mears Park Centre,230 E. Fifth Street, St. Paul, Minnesota 55101. Sincerely, Sally Evert •`J Chair, Transportation Advisory Board SE:jlm cc: City Administrators/Clerks City Engineers County Engineers Enclosure INTERIM STP PROJECT CRITERIA Bikeway-Walkway Projects - 1992 DEFINITION- Bikeway-Walkway projects must meet the following definition to qualify for further evaluation: A CONTINUOUS FACILITY DESIGNED PURSUANT TO AN OVERALL PLAN AND DESIGNATED FOR THE TRANSPORTATION USE OF BICYCLES, OTHER VEHICLES PROPELLED BY HUMAN POWER, OR PEDESTRIANS. Specifically, a"bicycle transportation facility" means new or improved lanes, paths or shoulders for use by bicyclists, traffic control devices, shelters, and parking facilities for bicycles. The project must be a permanent improvement. Temporary construction is defined as work which must be essentially replaced in the immediate future. Staged construction is considered permanent rather than temporary so long as future stages build on rather than replace previous work. The right-of-way acquisition costs, costs required to complete studies, engineering, design, etc., will not be eligible. Noise barriers, drainage projects, fences, landscaping,etc., are ineligible for funding unless included as part of a larger project which is otherwise eligible. Designs for,bikeways must be in accordance with AASHTO standards to the extent possible. A total of$1,500,000 federal STP funds will be allocated in this interim process. The total estimated cost of a project must exceed $25,000. One unit of government such as a county, could "package" more than one small project to meet,the minimum level. . This,may be especially applicable to innovative projects. The minimum local match must equal 20% of eligible project costs. It may include separate but related elements and support facilities which are not at the same location. The maximum federal funding for any one project will be$500,000. This may be over-matched up to 50% of total cost resulting in a $1,000,000 project. A contract must be let prior to December 31, 1993. Eligible project sponsors include state and regional agencies, city and county government units. The project submitter is responsible for the local share of project cost. The project submitter is also responsible for any liability associated with the project and ongoing maintenance. The TAB reserves the right to subdivide projects to allow or encourage more projects to be funded. Points 100 3. Those facilities which link with others,forming a continuous system of similar facilities, will receive higher priority. Points 100 4. Those facilities which remove or eliminate a natural or man-made barrier to biking or walking. Points 200 5. Those facilities that provide a travel alternative on or parallel to congested roads or highways. 1000 points ,lm - r.; 'k I / Community Development Department I PLANNING DIVISION J City of Fridley DATE: October 23, 1992 TO: Planning Commission Members FROM: Barbara Dacy, Community Development Director SUBJECT: Recommended Housing Programs On July 27, 1992 and September 10, 1992, the attached memo was presented to the City Council and the HRA. I would like to review the major recommendations of the attached memo with the Planning Commission at Wednesday's meeting. I have not included all of the attachments to the report because of the volume; however, I will review in detail the proposed recommendations. Should you wish to have a copy of the full supporting documents, please let me know and I will be happy to make you a copy. On October 26, 1992, the . City Manager and I will be presenting additional information about each of the recommended programs. Those materials will be distributed at the Planning Commission meeting. BD/dn M-92-657 41 (:] Community Development Department 1 HOUSING AND REDEVELOPMENT AUTHORITY City of Fridley DATE: September 3 , 1992 TO: William Burns, Executive Director of HRA FROM: Barbara Dacy, Community Development Director SUBJECT: Proposed Recommendations for Housing Programs An 11 member interdepartmental staff team was composed to develop recommendations for housing programs to the City Council and HRA. This memo discusses the recommended programs, identifies potential costs, recommends an implementation timeframe, and identifies future issues which the City Council and HRA will need to address., The strategies proposed for the City Council and HRA hope to interrupt the cycle of declining and deferred maintenance. They hope to increase community awareness via its neighborhood land use planning process. They hope to encourage community involvement which will hopefully remove the fear of a culturally diverse population. The recommended strategies identify ways to attack potential problem areas but also to serve the community as a whole. Recommended Primary Strategies 1. The City should develop an "aggressive inspection program" . The staff team strongly recommends more rental inspections per year. The City must aggressively enforce its housing maintenance codes for rental licensing. Other cities in the immediate "market area" inspect more units per year than Fridley (see Exhibit A) . The City of Fridley is at risk of receiving the displaced problem tenants from those communities. The age of the multiple family housing stock, about 30 - 35 years old, also dictates that more inspections need to be conducted beyond the current amount. About 13% of the total number of rental units (about 4 , 000) are inspected. Staff recommends that 2 , 000 units per year should be inspected. The proposed amount is equal to or greater than Columbia Heights, Brooklyn Park or Brooklyn Center. Existing staff cannot perform this amount of inspections; additional staff needs to be hired. 3-A Housing Programs Memo Page - 2 Three options exist to conduct rental inspections: hire additional City staff, execute a contract with. a private building inspection firm, or contract with another city who has inspectors in place (Brooklyn Park has expressed an interest) . The City of Mound recently went out to bid for a private firm to do its rental inspections. Using the information from Mound, about two inspectors and one clerk are needed for 2000 units/year. Estimated cost would be $110, 000. The rental licensing fees are a good revenue source to pay for the inspections. The fees now charged are minimal and should be increased to pay for inspection costs no matter what option is chosen (see Appendix B) . Ordinance Amendments' Coupled with the aggressive inspection program is a necessity to research potential ordinance amendments to the City Code. The inspectors in the staff team expressed frustration over the court system's apparent lack of interest and concern about issues pertaining to zoning, housing, property maintenance, and related areas. Because the legal system is not well equipped to address these issues, other communities like Coon Rapids are evaluating establishing administrative procedures to deal with problems outside the typical court process. Therefore, staff would like to research further the administrative "hearing" officer approach, not only on housing code violations, but nuisance abatement issues as well (see Appendix C for memos from inspectors) . Further, the City only has a code for residential rental property and condominium common areas. The City should investigate the creation of a housing maintenance code. 2. Scattered Site Acquisition and Abandoned Home Program An annual amount of $225, 000 per year should be allocated in the HRA budget to remove blighted, abandoned homes and to acquire properties for resale for new single family or other types of construction. A preliminary list of vacant and abandoned properties has been developed (please see Appendix D) . Site numbers 1 - 9 refer to parcel numbers that are listed in the Residential Vacant Land Inventory which is a separate document enclosed in your packet. Site number 10 - 13 are abandoned homes which do not appear in the Vacant Land Inventory. Those lots are not large enough for reconstruction of a single family home according to our ordinance. We have identified two more abandoned homes which could be acquired since the City Council meeting. Initial authorization to proceed this year on two of these properties is requested. Estimated total cost is less than $100, 000. , 3-B Housing Programs Memo Page - 3 Those lots to be acquired will need to be incorporated into the redevelopment project area. The appropriate hearings will be scheduled as needed. If there are only two or three properties acquired a year, a consultant may not need to be hired. However, an aggressive acquisition program may dictate the need for outside help. In any case, we will develop a ranking system of properties to acquire and review our recommendations with the City Council and HRA on an annual basis. 3. Actively pursue MHFA programs. Single Family There are two existing MHFA single family rehab programs which are "lender" administered (MHFA Program Summaries are in Appendix E) . The MHFA Fix-up Fund and MHFA Minnesota Energy Loan provide monies for single family owners to do general code improvements. The City is not directly involved in the administration of these programs. The City does need to pursue an aggressive advertising program to make owners aware of the availability of the MHFA programs (this will be discussed later in this memo) . A first time homebuyer program is also available through MHFA, and it is called the Minnesota City Participation Program. It requires application by the City during a two week application period in April of 1993 . While the City prepares the application, the City also needs to work with the lender to agree to participate in the program. We would request the lenders to pay for the application fees ($500-700) , but we may want to allocate money for other application fees. Multiple Family There are several MHFA multiple family rehabilitation, construction, and conversion programs. The current rental rehab program will continue to be administered via ACCAP; however, again the City needs to be more aggressive in advertising the availability of the program. Some of the programs do require the cities and/or non-profit entities to apply. Staff will continue to pursue MHFA funds for any type of multiple family rehab assistance. Problem multiple family buildings, those that have high vacancy rates or are severely deteriorated, should be identified for evaluation for conversion to three bedrooms or another housing density. The evaluation should also include an analysis of whether it would be eligible for a scattered site acquisition, demolition, and reconstruction project. These problem buildings can be identified during the neighborhood land use planning process which is discussed 3-C Housing Programs Memo Page - 4 later. 4. The City should institute a "Fridley Rehabilitation Loan Program" . The amount of funds provided through the typical state and federal rehabilitation loan programs are not enough to address Fridley's housing problems. The staff team completed an intensive windshield survey to identify structures which need rehabilitation or need to be demolished. While a majority of the single family stock is in good shape, there are areas which need help. Further, there are areas of multiple family buildings which also need a significant amount of rehabilitation. Therefore, it is necessary to develop a rehabilitation loan program to enable property owners to bring their units up to code, build garages, or build additions. We have identified a good way to address single family owner occupied housing; however, there are less financial resources available for multiple family. Single Family At the City Council meeting on July 27 , 1992 , we reviewed a general outline of how Fridley would create a rehab program for single family homes. In essence, area lenders would be asked to make rehabilitating loans under general guidelines dictated by the HRA to Fridley residents. The lenders, though, would have a previous agreement with the Federal National Mortgage Association (FNMA) to buy the loans once construction is completed. The City Council liked the concept and asked us to pursue it. They also asked us to pursue some type of grant program for low income elderly persons and to find a mechanism to recover that grant upon sale of the property. Since the Council meeting, we have asked Fay Wegner of Miller Schroeder Financial, Inc. , to assist us in developing a program. She has worked extensively with Minneapolis and St. Paul to develop their programs, as well as with area lenders. She has put together information for us on both programs. We are currently evaluating both in an attempt to take the best from both worlds and create our own program. We have done a lot of research and Fay seems to be very qualified to help us on this complicated topic. At a future meeting, we will recommend that the HRA retain Miller Schroeder to help us define the program, meet with lending institutions, and complete the necessary work to establish a 3-D Housing Programs Memo Page - 5 program. We are in the process of negotiating the terms of a consultant contract. There are a number of financing options using the FNMA guide- lines. Bill Burns has written a summary memo of the current programs in St. Paul and Minneapolis (enclosed at end of this memo) . We believe annual costs to the HRA will probably range between $150, 000 to $200, 000. Multiple Family MHFA funding for programs for rental properties is not as plentiful as it was earlier in the decade. Further, the City receives only $100, 000 in CDBG funds. The new HOME program is administered through the County; it receives only $500, 000 county wide. Finally, the FNMA loans discussed earlier only apply to single family owner occupied properties. Nonetheless, there are alternatives to pursue. For example, the CDBG funds could be used toward building garages along Able and Baker Streets for the 73rd Avenue. The street is lined with rental duplexes with no garages for tenant parking. Or, the funds could be used for a handful of low to very low income properties. There are a number of Federal requirements to follow which makes the program an administrative headache, but it may be worth the effort. In some extreme cases, the HRA may want to consider acquiring severely deteriorated multiple family structures and selling the property to a developer to build a new building. There are several non-profit groups which could be tapped for funding as well as management of the building. Westminster Corporation is an example. For those MHFA funds which can be obtained, the HRA could pay for the application fees on behalf of the owners to encourage participation. Costs may range from $200 - $1, 000 per application. 5. Complete a Neighborhood Land Use Planning Process. The staff team strongly recommends that a list . of potential sites for housing and other redevelopment projects be completed with an accompanying prioritization plan. In order to accomplish this step, the team recommended that the planning process be done on a neighborhood basis. The neighborhood planning process would also serve to encourage citizen participation and community involvement. The planning process would determine the acceptable mix of housing styles and provide the City Council direction on future land use related decisions. 3-E Housing Programs Memo Page - 6 As part of this process, potential sites for senior housing could also be developed. Char Fitzpatrick submitted information regarding senior "shared living residences" where larger homes are converted as residences for a number of senior individuals. Further, sites for elderly townhomes or other projects can be evaluated. One site that has already been discussed is the Westminster project next to St. William's Church. Westminster is now applying for Section 202 HUD funds to construct a 50 unit senior apartment building. The City should continue to support Westminster's application effort. A neighborhood planning process can also determine potential sites for the HRA scattered site acquisition program. 6. Secondary Strategies A. Community Development Department staff should assist in organizing a multi-family owner, landlord, and manager coalition, similar to the effort completed in Brooklyn Center and Brooklyn Park. Assistance would be limited to initiating the organization and acting as a resource for information to the owners. Assistance should also include preparation of a pamphlet describing existing resources available to multi-family owners and referrals to key resources. This would serve to improve communication between the City and owners regarding problem tenants and promote cooperation between the City and multi-family properties for rental inspections. B. Prepare a "how to"rehabilitation booklet for homeowners. The Community Development Department staff could prepare it in conjunction with local contractors or other cities which have completed one. C. Neighborhood crime prevention is a key aspect of improving neighborhood quality. How residents perceive safety in their neighborhood is very important. Expansion of the Crime Prevention Program should be evaluated in the future in order to properly maintain and to improve the neighborhood prevention program. Alternative funding sources should be researched. D. Alternative funding sources should be researched to reduce fees for recreation programs for "at risk" and lower income households. E. Zoning Ordinance amendments to create a senior housing district and to permit shared living residences should be researched. 3-F Housing Programs Memo Page - 7 F. The City should make sure that public improvements, such as repaving streets, replacing curbs and gutters, updating streetlights, etc. , coincide with housing improvement programs. G. Provide information in the newsletter regarding reverse mortgages for the senior population (there are two banks in the metropolitan area that offer reverse mortgages) . H. Each department, on an annual basis, should identify an employee to participate in a housing team. The purpose of the group is to monitor the progress and implementation of the programs as directed by the City Council and the HRA. A leader would be appointed by the group and report to the City Manager on a regular basis. I. Identify key staff people to act as information sources for housing issues and social service issues. J. Develop a marketing program to advertise the availability of the rehabilitation programs. Incorporate into the HRA advertising budget for 1993 (note that MHFA does have pre-prepared brochures on their programs) . K. Use the Human Resources Commission to study the extent of social needs in the community and provide recommendations to target areas for funding with CDBG programs, non-profit funds, or other services that can be made available. L. Continue GIS system coordination with the HTE software so that housing data and neighborhood information can be adequately tracked and obtained when needed. Further, acquisition of the HTE code enforcement software package should be considered which would computerize the systematic code enforcement program and would provide computerization of the rental housing inspection process. M. Conduct cultural diversity training seminars for not only City staff but commission and City Council members as well. O. Organize a mandatory inspection team of problem properties including rehabilitation, code enforcement, building, fire, electrical, and Section 8 inspectors. P. Adopt an ordinance identifying proper procedures for mobile home tie-downs, inspection requirements, and safety requirements. 3-G Housing Programs Memo Page - 8 Estimated Costs and Proposed Implementation We have prepared a matrix showing the costs of the primary programs and a potential implementation timeframe. Also identified is whether the cost would be borne by the HRA or by the City. Summary of Future Issues Although we have accomplished a significant amount of research to determine what directions we should head, another set of issues were determined as a result! To follow is a list of issues which the City Council and HRA will need to decide in the future as we begin to implement the recommended programs: 1. Bonds versus Banks At this point in time, we are finalizing the details of the FNMA loan option as recommended by Casserly; however, we will continue to research the availability of bond funds as a source of financing for programs. If bonds are pursued, the City would be responsible for administering the loans (see Question #3 ! ) . 2. Big Brother versus Laissez Faire The "Big Brother" approach is necessary when doing MHFA or other federal loan programs. Not only are there a lot of inspection requirements (at least three) but also the minimum HUD Housing Quality Codes must be met as well as other code requirements. Under the "Laissez Faire" approach, the City has more leeway because we are using FNMA's money. Do we need to be as aggressive with the inspections and the eligibility requirements as other programs are? Secondly, how many strings do we attach as conditions to the program? If the program is benefitting the middle income households, do we still want to pursue enforcement of minimum housing codes and other issues such as installation of smoke detectors. 3 . In-House versus Contracting Out (House) Administration of the single family rehab program will more than likely need to be done by a consultant like ACCAP. Further, a likely option for implementing the rental inspection program may be to contract out to a private inspection firm (or another community) . Issues will arise as to where the inspectors are housed, how long do they work at the "City offices", if at all, how do they document their work (their system versus our 3-H Housing Programs Memo Page 9 computer system) , and how is information coordinated? 4. Condemnation versus Cooperative Acquisitions How willing is the City Council and HRA to condemn properties as identified as scattered site targets or shall we just attempt to obtain cooperative agreements with land owners? 5. How tough should we be with prosecution? What is the message that we send to our prosecutors? Should we tell them to "throw the book at the violators" or should we tell them to achieve compliance with the code no matter how long it takes? 6. How much money should we spend for these programs and where should they come from? About $1 million is needed for a single family rehab program for about 100 homes. Is that enough? Should it be more? Is $200, 000 enough for a scattered site program? In terms of the rehab program, should we make money available on a quarterly basis knowing an annual budget amount, or should the loan program just be made available in its entirety on a first-come, first-serve basis? 7. Sources of Funding What is the best way to use the funding sources available to us? A recommended standard has been to use other money first, i.e. , MHFA, CDBG, and HOME programs. What sources of "our own" money should we use and how much? Other cities have used an HRA tax levy. Should we do the same? HRA Budget Impact In last month's agenda, we had developed a chart to analyze the impact of about $500,000 a year. Since then, we have made further refinements. We will present the revised analysis at the meeting. Conclusion No matter what the strategies the City Council and HRA choose to initiate immediately, it is important to create momentum, energy, and interest in the housing issue. At the same time, it is necessary to proceed to the next level of planning and look at the neighborhoods more closely and determine what makes them vital. 3.1 Housing Programs Memo Page - 10 It is important to develop a consensus among the neighborhoods as to future development and housing choices. We look forward to discussing the future direction of housing issues at the City Council and HRA's meetings. BD/ls M-92-572 • • MEMORANDUM Municipal Center rl 6431 University Avenue N.E. Office of the City Manager Fridley, MN 55432 William W. Burns CIIYOF ' (612) 571-3450 FRIDLEY TO: File FROM: William W. Burns, City Manage DATE: August 19, 1992 SUBJECT: Housing Programs On Tuesday, August 18, 1992, from 2:00 p.m. to 4:30 p.m., Barbara Dacy and I met with Fay Wegner and Brad Wirt of Miller & Schroeder Financial, Inc. The meeting lasted until 4:30.p.m. Fay.outlined a list of Fannie Mae closing costs, which included: • 1. An origination fee of 1 to 1.5 percent and title insurance, which is • based on the size of the loan. If the loan was $100,000, title insurance would be $450. 2. $50 for assessment and title searches. 3. Hazard insurance for fire and theft when a purchase is involved. 4. Recording fees of $30. 5. Right now, there are no points at 8 1/8 percent. 6. PML insurance would be required if the loan devalue ratio was higher than 80 percent. 7. Appraisal fees of about $350. 8. Typically, closing costs run about 2 percent of the mortgage. Fay described the Minneapolis and St. Paul programs. Under the Minneapolis program, the City of Minneapolis will pay 2 percent on purchase loans and 5 percent on purchase rehab loans or refinancing rehab loans. They will also pay 5 percent on home improvement loans. The amount of the City's participation is payable at the end of 30 years, when the home is sold, or if the borrower no longer occupies the house. The term of the loan is 15 years for home improvements, and 15, 20 or 30 years for the other options. 3-M Housing Programs August 20, 1992 Page Two St. Paul underwrites a 7.55 percent interest rate for purchases or purchase rehab projects, or refinancing rehab projects. The term of the loan is 30 years, and may range from $20,000 to $180,000. For home improvement projects or second mortgage projects, the interest rate is 7.75 percent, and the loan runs for 15 years. The value of the loan may range from $5,000 to $60,000. The interest rate is fixed for only three years. We also talked about which program is better. Fay felt that the best program allowed the banks to stay as close to their normal process as possible. She seemed to like the Minneapolis program better because of its flexibility. She also pointed out that the refinancing option is a very attractive option right now because of the low interest rates on refinancing home mortgages. If the purchase or rehab loan is sold to Fannie Mae, Fannie Mae requires an appraisal on the house, and the Fannie Mae appraiser also has to be given a scope of work description. The appraiser then computes what the "after" appraisal value of the property is likely to be. When the work is done, the appraiser inspects the work to make sure that the house is really worth what it is supposed to be. The appraiser may do interim inspections if interim draws are needed (i.e., for electrical work). Alternatively, the escrow agent for the bank and Fannie Mae will let the City do the inspections. The Minneapolis program works as follows: 1. The borrower applies for the loan with the lender. 2. Once the lender has approved the loan, the lender sends the payment form to the City of Minneapolis two weeks before the closing on the property. 3. A copy of the loan application, the property appraisal, and the mortgage submission voucher (guarantees that the loan is in accordance with the City's program guidelines) is submitted. A buyer/seller information sheet is also required (includes information such as where the borrower lives, where the buyer lived previously, race, number of children, occupation,and other demographic data). 4. Minneapolis requires that the work be done by an approved list of licensed and bonded contractors. 3-N Housing Programs August 20, 1992 Page Three 5. Minneapolis will send a program inspector out at the time an application is applied for if the scope of the work warrants it. For smaller projects, an inspector is not sent. The inspector makes sure that the loan money is being used to address housing maintenance code violations. 6. Minneapolis also has rehab inspectors who conduct the inspections on rehab work. 7. The maximum amount of the loan under the Minneapolis program is $168,000. The minimum amount is $15,000. 8. Minneapolis is generous in allowing a variety of improvements. They do allow jacuzzis, but not swimming pools. They allow decks, garages, attachments, but not sheds. 9. Eligible recipients in Minneapolis include those with household incomes of $89,000 or less. In addition, the $89,000 may be $750 higher for each adult in the family, and $500.higher for each child: In the St. Paul program household income can be $96,000. 10. Under Fannie Mae, the loans can apply to duplexes, triplexes or fourplexes, if one of the units is owner occupied. 11. In Minneapolis, the house may not have a value higher than $168,000; in St. Paul, $190,000. 12. Minneapolis has a special credit standard that they have negotiated with the banks and Fannie Mae. Normally, the lending institutions use a 33/38 credit standard. That is, the PITI can be no higher than 33 percent of the family's gross income, and PITI plus long-term debt may be no higher than 38 percent of the family's gross income. Minneapolis raised that to a 36/41 standard. 13. Fay will get me a list of eligible improvements for both programs. We also discussed advertising. Fay suggested that we use utility bills, local papers, contractor contacts (including meetings with contractors), and the City newsletter and videotape to advertise our program. 3-0 Housing Programs August 20, 1992 Page Four We also spoke about things that needed to be done. We need a contract with the banks we are going to use for a loan program. We also need to have a contract with whoever is servicing the loan (the bank or satellite organization, usually a mortgage company). We need a housing maintenance code. Fay will get back to me by Friday with a list of things to do, as well as with information from the Minneapolis and St. Paul programs. Finally, I asked Fay to think about what we might do for people who do not qualify for either the MICA or our loan program. She suggested that we do something similar to St. Paul's home to ownership program. We should be doing some further thinking on that topic. WWB:rsc cc: Barbara Dacy, Community Development Director 3-J 13 a) U 0 0 0 0 SI Q CO v) C) C) .y.�y.,4� T a)/ a �\ Ct O N O O �` p u) 0 0 as 0 < O � 0 cri o O 05 O cj a) 0 = T N O U O O LA 0 C� r N r U a) r 0 LA (7{} O 4{} E4 .Q C 7R O_ •E Q. r- 69� a 4-4 0 0Cd 5 v a) . E CV H C) .0 C) ct En 0 0 O Q 00 0 o CC Li ui '0 I CV � zo; CV t, O O a N cn cti:s cn N Q C c o O F- •p C p O = N CL E m = ° ED. E a = E o N v) +.' t� o a, .N a la poi n.c .0 o c �.CD co Q LL ca r o C CIaQ ccc _ 0< 2 ccCL z3o. r CV C7 d' Lt) Proposed Costs and Implementation of SecondaryStrategies 3-K p g Program When Activities HRA City Implemented 1 . Multiple Absorbed 1993 Family Owner/ Landlord Coalition 2. 'How To' Absorbed 1992 Rehab Book (Grants or donations from contractors would be obtained) 3. Neighborhood $30,000 Unknown Crime Prevention Specialist 4. Ordinance Amendments: Housing Maintenance $1,000 1993 Senior Issues $1,000 1993 Mobile Homes $500 1993 Abatement Process $1,000 1993 5. Marketing Rehab $5,000 Late 1992 and Other and 1993 Programs 6. HTE Software $20,000 Total $5,000 53,500 SECONDARY STRATEGIES 1 . Multiple Family Owner/Landlord Organization and Pamphlet 2. "How To" Rehabilitation Book 3. Neighborhood Crime Prevention 4. Recreation Programs for "At Risk" Youth 5. Zoning Ordinance Amendments 6. Street Improvements 7. Reverse Mortgages 8. Staff Coordination Team 9. Identify Key Resource Staff 10. Marketing Plan 11. Social Service Needs Study 12. Computer Software 13. Cultural Diversity Training 14. Mandatory Inspection Teams ,o, 4 • ••