The URL can be used to link to this page

11/04/1985 - 5189OFFIQAL QTY Q7I)NCIL AGFNL'�1 �NCIL NEETING NCNENBER 4 , 1985 � ., FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: November 4, 1985 NAME ADDRESS ITEM NUMBER ___ �, _ � ___�� ___=°=/-i =C ==//=I =______ �� _,______� _____ � _____ % ._ ( _____________________°� � � ) < .� � � d ,, .,- � � L C v c- �l � �- � l �-- / � � � �' ; � G ��'-.�' r�- � � � ,� � � � � � ' rf �(: /}'l �.Lr� �---J .. �. j � j_ • , r J ___ � a�� I,S S) N. G��;w, Cr . �'�. - , � ��-�. r� _.� �� _ _ G r-- �� i �'��-.� l�",�� 1 a �� i c.-c � C� ` � t e-�rc, �- r= ��— 5�2 S" T�/�-t �G 7`!`�.��. v+� t�� r�� s� �,�� -� .� � " l.� � �� N��?�� ,� - L�SS' , ' c� � � Oc'i � , .� v�e S /� �f - d G�-r-� � � Cc � � �"� N' � ��l �� I � � i / �� "�- ° � � %SO G-E'�L'.r �cJ a-. �,� � �� .�bi� �;-� �� , , r. , �1 a. � � � .-,. _ , � �, , � , �� ti � �. a .�t � � � ,. ;�17�a� ,Q-,1; �T7f�.� � y^�y � 7✓ � � � Z�33 I�. �'�'�� r -�a� �. C� ce G(� � � �� `u � � ��Gu - �� - #�2.Zu i� �c� ,Ci�� l� �� FRIDLEY CI TY COUNClL�� NOVEN�ER 4, 1985 - 7:30 P.M. Following are the "ACTIONS TAREN" by the Administration for your i nf ormati on. ------------------------------------------------------------------ �RESENTATION: CERTIFICATE OF APPRECIATION Louis Schmidt, Community Development Certificate will be mailed to Mr. Schmidt in attendance at the meeting APPROVAL OF MINUTES• October 21, 1985 Minutes were approved as presented ADOPTION OF AGENDA• Commission who was not Added: (1) SORT Report by Connie Metcalf; (2) Approval of $4,400 f or Moore Lake Basf u; (3) Consideration of Resolution naming Minnea- Polis Star and Tribune as second legal newspaper; (4) Appointment of Virginia Schnable to HRA; (5) Approval of independent contractor or snow removal; (6) Consideration of Resolution in oppasition to locati on of Anoka County' s sol id waste di sposal facil ity in Fridl ey OPEN FORUM, VISITORS• Cub Scouts visited for their Citizenship Award PUBLIC HEARINGS: Public Hearing on the Sale of $4,360,000 in Indus- trial Development Bonds for the Columbia Park Clinic .... 1- 1 B Hearing opened at 7:45 P.M. Closed at 7:47 P.M. (SEE Item 16, Resolution for preliminary approval adopted) Council Meeting, November 4, 1985 PUBLIC HEARINGS (Continued) Pa ge 2 Publ ic Hearing on the Matter of Construction of Certain Improvements: Center City Three Level Publ ic Pa rki ng Ramp . . . . . . . . . . . . . . . . . . . . . 2- 2 F Item tabled indefinitely NO ACTION NEEDED OLD BU5INES5• Consideration of Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Chapter 205 Entitled "Zoning" Section 205.05 . . . . . �. . . 3 Ordinance No. 845 adopted CITY MANAGER--ACTION TAREN: Published ordinance and recodif ied code Consideration of Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Chapter 6 Entitled "Commissions" Section 6.07. . . . . . . . 4 Ordinance No. 846 adopted CITY MANAGER--ACTION TAREN: Published ordinance and recodified code _ Consideration of Appointment to Community Development Commission (Tabled 10/21/85) . . . . . . . . . . 5 Appointment tabled PUBLIC WORRS--ACTION TAREN• Have placed item on next agenda Council Meeting, November 4, 1985 QLD BUSINESS (Continued) Pa ge 3 Receiving Legal Opinion on Police�Labor Contract . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6 B Resolution No. 91-1985 adopted approving union Contract. Legal opinion received POLICE DEPT--ACTION TAREN: Agreement being executed NEW BUSINESS• Consideration af Approval of Final Plat, P.S. #85-05, Midwest Addition, General�.y I,ocated Between Hickory Street and Main Street, Nort�, of 81st Avenue NE, by Leonard W. Vanasse, and Rece�ving a Memo Regarding Renaming of Mi dwest Addi ti on Pl at to Ma r-Len ..... Pl at appr ov ed FUBLIC WOR�S--�CTION TAREN: Applicant notified of Council approval of final plat Consideration of Approval of Final Plat, P.S. #85-04 Oak River Estates, the Same Being 756�9 ��s� Ri�rer Road, by Doug Peterson . . . . . . . . . . . . . . . Plat aggroved with s�ipulat��ns PUBLIC WORKS--ACTION TAREN: Applicant notified of Council approval of final plat . . . 7 - 7 I . . . . 8 - 8 K Council Meeting, November 4, 1985 NEW BUSINESS (Continuedl Pa ge 4 Consideration of Items from the Appeals Commission Meeting of October 15, 1985 : . . . . . . . . . . . . . . . . 9 - 9 S A-1. Considerati on of a Vari ance Request to Reduce Front Yard Setback to Allow Construction of a Garage, 7571 Alden Way, Dennis A. Wood......... 9- 9G �,ppeals Commission Recommendation: Motion to Deny' Failed Because of Tie Vote Council Action Needed: Consideration of Recommendation Request tabled until petioner comes back with another proposal PUBLIC WORRS--ACTION TAREN: Item will be placed on agenda when petitioner brings in new proposal A-2. Consideration of a Variance Request to Increase the Maximum Square Footage of a Free Standing Sign To Allow Placement of �ao Panels on the Existing Pylon, 765-769 - 53rd Avenue NE, byNorm Brody .................. .................... 9H - 9N Appeals Commission Recommendation: Approval With Stipulations Council Action Nee�ed: Consideration of - Recommendation. Variance approved with stipulation PUBLIC WORRS--ACTION TAREN: Inform applicant of Council approval Council Meeting, Navember 4, 1985 NEW BUSINESS (Continuedl (Appeals Commission Items Continued) A-3. Consideration of a Variance Request to Reduce the Minimum Distance of a Sign From Any Property Line from 10 ft to 0 ft; to Increase the Maximum Square Footage of a Free Standing Sign, 7970• University Avenue NE, by Gerald Paschke ............................................. 90 - 9S Appeals Commission Recommendation: Approval Failed Because of Tie Vote .�ouncil Action Needed: Consideration of Recommenda ti on Variance approved with stipulation PUBLIC WORRS--ACTION TAREN: Applicant inf ormed of Council approval Staff and Commissions are to review sign ordinance in regard to useage and sign plans in multi-tenant and large buildings. Staff to provide sign plans (if one exists) when a variance is requested Pa ge 5 Consideration of Request Regarding the East River Road Business Center Scupture . . . . . . . . . . . . . 10 - 10 A Appr ov ed PUBLIC WORKS--ACTION TAREN: Applicant informed of Council approval Consideration of Setting a Public Hearing for November 18, 1985 on the Creation of a Municipal Dev el opment Di st r i ct i n Ce nte r Ci ty ............. 11 NO ACTION NEEDED� (Public hearing tabled i ndef initely) Council Meeting. November 4� 1985 �jEW BUSINESS (Continuedl Consideration of Setting a Public Hearing for November 18, 1985 on a Housing Program for a Specific Project, Sylvan Hills, by Lou Lundgren. Hearing set for November 18. All homes along Mercury Drive are to be includes PUBL�C WORRS--ACTION TAREN: Arrangements made for •public hearing. Notify appropriate parties Pa ge 6 . . . . . . 12 Receiving Petition Regarding Viron Road Loopback ...... 13 - 13 A No agreement brought in at this time PUBLIC WORRS--ACTION TAREN: Staff �s preparing a Resolution and plans to begin the process of frontage road and loopback on Viron Road for next agenda Consideration of a Resolution Regarding L.S. #85-07, 5586� 5570, 5560 Fillmore Street, by Rent Roessler ..... 14 - 14 0 Resolution No. 92-1985 adopted and Covenant f or "0" lot lines received and to be executed PUBLIC WORRS--ACTION TAREN: Applicant informed of Council approval and have had covenant executed and forwarded to appro.priate parties Consideration of an Inducement Resolution for the Sale of $14,000,000 in Housing Revenue Bonds f or the Proposed Housing Project in Center City (Fridley Square Plaza Limited Partnership) . . . . Resolution No. 93-1985 adopted CENTRAL SERVICE--ACTION TAREN: Informed applicant of Council adoption of resolution . . . . . 15 Council Meeting, November 4, 1985 �EW BUSINESS (Continued) Consideration of a Resolution Giving Preliminary Approval to the Columbia Park Properties Project and the Sale of the Industrial Development Bonds ...... Resolution No. 94-1985 adopted CENTRAL SERVICE--ACTION TAREN: Informed applicant of Council adoption of Resolution u Consideration of a Resolution Ordering Improvement and Final Plans and Specifications for Three Level Public Parking Ramp Project in Center City and Authorizing the City to Enter into an Agreement with BWBR for the Design of the Public Ramp. .... NO ACTION REQUIRED (Public 8earing tabled i ndef ini tely ) Pa ge 7 16 - 16 D . . . . 17 Consideration of a Resolution Urging Congress to Exempt Permit Requirements for Municipal Storm Water Discharges . . . . . . . . . . . . . . . . . . . . . . 18 Item tabled PUBLIC WORRS--ACTION TAREN: Have revised resolution and bring back for Council consideration at next meeting Appointment--City bnployee . . . . . . . . . . . . . . . . . 19 Julie Burt appointed as Assistant Finance Officer CITY MANAGER--ACTION TAREN• Notified accounting of new empl oy ee � , .�rauncil Meeting, November 4, 1985 Page 8 NEW BUSINESS (Continued) Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Appr ov ed CENTRAL SERVICE--ACTION TAREN: Paid claims Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 B Appr ov ed CENTRAL SERVICE--ACTION TAREN. Issued licenses Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22 E Appr ov ed CENTRAL SERVICE--ACTIO TAREN• Paid estimates Report On SORT by Connie Metcalf . . . . . . . . . . . . . . 23 NO ACTION NEEDED Approval of Funds for Moore Lake Basfu . . . . . . . . . . . 24 Expenditure of $4,400 approved PUBLIC WORRS--ACTION TAREN• Will proceed as approved Approval of Funds for Emergency Warning System (OPTICOM) .. 25 Funds approved FIRE DEP�-ACTION TAREN: Proceeding as authorized Resolution No. 95-1985 Approving Minneapolis Star and Tribune as second legal newspaper . . . . . . . . . . . . . . 26 Resolution adopted GITY MANAGER--ACTION TARE,.,� Notify Star and Tribune of Council approval as alternate legal publisher Council Meeting, November 4, 1985 NEW BUSINESS (Continued) Pa ge 9 Appointing�Virginia Schnable to Housing and Redevel- opment Authority . . . . . . . . . . . . . . . . . . . . . . 27 Ms. Schnable appointed to fill Carolyn Svenson's term when she leaves PUBLIC WQRRS--ACTION TAREN: Request Manager's Secretary inform appropri parties when Ms. Svenson gives her resignation - Consideration of Independent Contractor for Snow Removal Assistance . . . . . . . . . . . . . . . . . . . . . 2g Council concurred PUBLIC WORRS--ACTION TAREN: Proceeding with, hiring independent contrac �,�,_�c� �r��-''t �. v,'�c�' ,,,�,,:�;.�.� : �Q� Resolution No. 96-1985 in Opposition to Anoka County's Solid Waste Disposal Facility in Fridley . . . . . . . . . . 29 Resolution No. 96-1985 adopted PUBLIC WORKS--ACTION T EN: Forwarding Resolution to Anoka County ADJOURN 11:08 P.M. te r i,�u„C I L i�IEET I NG. NOVEMBER 4. 15u5 • • ■ 'C 1 �► ► r PAGE 2 PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN INIPROVEMENTS: CENTER C17Y THREE LEVEL PUBL I C PARK { tVG RAh1P . . . . . . . . . . . . . . . . . . . . . 2- 2 F 1 : ► CUNS{DERATION OF SECOND READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING Cf�APTER 205 ENTITLED "ZONING" SECTION 205.05 . . . . . . . . 3 CONSIDERATfC�N OF SECOND READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 6 ENTITLED ��COMMISSIONS�� SECTION 6.07. , . . . . . . 4 CONSIBERATION OF APPOINTh1ENT TO COMMUNITY DEVELOP�1ENT COMMISSION (TABLEO 10/21/85) . . . . . . . . . . 5 0 COU�sCIL MEET{NG, NOVEMBER 4. 19�> : �►�•� • � � � PAGE 3 RECEt4'ING LEGAL OPINION ON POLICE LABOR COtJTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . fi — 6 B : ► COf�SICERATiON OF APPROVAL OF FINAL PLAT. P.S. #85-05. h11DWEST ADDITION, GENERALLY LOCATED BETWEEN HICKORY STREET AND P�IAIN STREET, NORTH OF 81ST AVENUE NE, BY LEO�JARD W, VANASSE. AND RECEIVIfJG A MEMO REGARDING REfJAN i NG OF h11 DWEST ADD I T I ON PLAT TO MAR—LEfd ........ 7— 7 ( CONSIDER�TION OF APPROVA� OF FINAL PLAT. P.S.#85-04 CAK R{UER ESi'ATES. THE SAME BE�N� 7560 EasT RIVER ' ROAD, BY DOUG PETERSON . . . . . . . . . . . . . . . . . . . 8 — 8 K 1.0�i�C I L i�1EET I NG. NOVEMBER 4, 19b, � •► � � (APPEALS COP�IMISSION ITEMS CONTINUED) A-3, CO�dSIDERATION OF A VARIANCE REQUEST TO REDUCE THE P�1 I N I h1UM D I STANCE OF A S I GN FROM ANY PROPERTY LINE FROM 10 FT TO 0 FT: TO INCREASE THE i�IAXIMUM SQUARE FOOTAGE OF A FREE STANDING SIGt�. 797D UNIVERSITY AVENUE NE, BY GERALD PASCHKE............................................. 90 - 9S APPEALS COMMISSION RECOMMENDATION: APPROVAL FAILEU BECAUSE OF TlE VOTE COUfJ�IL ACTION NEEDED; CONSIDERATIOW OF RECOht�•tEfdDAT l ON PAGE 5 COt�S 1 GERAT 1 ON OF REQUEST REGAI�D I NG THE EAST P•.IVER ROAG BUSINESS CENTER SCUPTURE . . . . . . . . . . . . . 1(d — 10 A CONSIDERATIUN OF SETTING A PUBLIC HEARING FOR ('�OVEMBEf: 18, 1985 OPJ THE CREAT 1 ON OF A MUN I C I PAL DE 1,`ELOPh1ENT D I S7R i CT I N CEtJTER C I TY ............. 1 1 COUt�C I L Pr1cET I NG. NOVEMBER 4, 19tS5 I� : ► �•'I►3( + ► ► � a PAGE 6 COtJSIGER�TIOt� OF SETTING A PUBLIC HEARING FOR (`�OUEh1BER 18, 1985 ON A HOUS 1 NG PROGRAM FOR A SPECIFIC PROJECT. SYLVAN HILLS, BY LOU LUNDGREN. ...... 12 RECEi�'1NG PETiTIOiJ REGARDING VIRON ROAD LOOPBACK ...... 13 — 13 A CO��SIDERATIUN OF A RESOLUTION REGARDING L.S. #85-07. 55�6, 5570. 556fl FILLMORE STREET, BY KEf�T ROESSLER ..... 14 - l� � CONSIDERATION OF AN INDUCEME�JT RESOLUTION FOR THE S�LE OF �14,000.000 IN HOUS{NG REVENUE BONDS FOR THE PFOPOSED HOUSING PROJECT IN CENTER CITY (FRIDLEY SQUARE PLAZA LIMITED PARTNERSHIP) . . . . . . . . . 15 . i',O�NC I L ��EET I N6. NOVEMBER 4, �9b� : ► �� PAGE 7 CONSIDERATIOPJ OF A RESOLUTION GIVING PRELIMINARY �,PPRQVAL TO THE COLUMBIA PARK PROPERTIES PROJECT AND THE SALE OF THE INDUSTRIAL DEVELOPMENT BONDS ...... 16 - 16 D CO��SIDERATION OF A RESOLUTION ORDERING IhIPROVEMENT �,ND FINAL PLANS AND SPECIFICATIOfJS FOR THREE LEVEL PUBLIC PARKING RAMP PROJECT IN CENTER CITY �;P�D AU THOR I Z I NG THE C I TY TO ENTER i NTO AN AGREEh1ENT bl I TH B6�JBR FOR THE DE S I GN OF THE PUBL I C RAMP ......... 17 CONSIDERATION OF A RESOLUTION URGING CONGRESS TO - E�E�•'.PT PERMIT REQUIREMENTS FOR MUNICIPAL STOkM b'�ATER D I SCHARGES . . . . . . . . . . . . . . . . . . . . . . 18 APPOINTMENT--CITY EP+IPLOYEE . . . . . . . . . . . . . . . . . 19 e. a Co�r�C I L i�1EE7 I NG. NOVEMBER 4. 15U5 � PAGE 8 : ► • � � CLA I MS . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 0 L i cEr�sES . . . . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 B I ES�IMATES . . . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22 E �� THE MIP:UTES OF THE FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21, 1985 4 � �.1� � .i ;yr_1�� i�±� �,_ �. 4:i ; u �� . �, ��,� : a� • " �e Regular meeting of �e FricIley City Cb�cil was called to arder at 7:40 p.m. by Mayor Nee. , PLmGE OF ALLEGIANCE • . , Mayor Nee led the (btmcil ar� audienoe in the Pledge of Allegiance ta the Flag. ROLL CAI�L: AENBERS PRFSIIVT: Mayor Nee, Gb�cilman Goodspeed, �tuicilman F'itzpatrick, and Cota�cilman Barryette. NEIrBIIt.S ABSENT: Cotu�cilman Sd�neider i • �:,• i; �, y �� i� �• i ,� � ��1: �• • • NDTION by Councilman Barnette to apprave the minutes as presented. Seoonded by Co�cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • • • � • �J : e+�, �.: _ The follvwing items were added to the agenda: (1) Consideration of an Agreement with Super America for Joint Construction of Certain Street Impravanents in the area of 57th Avenue and University Avenue; (2) Consideration of a Resolution setting a public hearing on the Potential Transfer of the Cable Television Franchise Ownership; (3) Resolution expressing the City's opposition to the FCC rule limiting the authority of the City to set technical standards on the cable system; (4) Consideration of an In�vemerYt Resolution for industrial developnent bonds on behalf of Gblunbia A�rk Properties Develognent; (5) Consideration of an inducement resolutial for industrial developnent bonds in the area of Bob's Produce Ranch at Osborne and University; and (6) Consideration of potential funding participatian far the Fridley Fiistorical Society. I�T�DN by Co�cilman Fitzpatrick Seoonded by Councilman Barrtiette. Nee declared the motion carried OPEN FORUM. VISIRORS• to adopt the Up�n a voioe unanimously. agenda with the additions. vote, all voting aye, Mayor Mr. Roland Miles, Business Agent for Law Enforoement Labor Services, representing the polive c�fioers in the City of Fridley stated he was at the meeting alang with menbers of the City of Fridley Fblice Department to ask the City Co�cil t� direct the City l�nager to implenerrt the pay and benefit �� ia+ � • �� : �• prwisions of the revent arbitratio�n award. I�. Miles stated that to give a little history on this, this stunmer they we.nt to arbitration aver the oaritract because they w�ere not able to settle the aoritract dispute in negotiations. About 6 weeks ago on Septenber 6, the arbitration award r.ame dawn. Ri�t away the City raised the question on the issue c� shift preference of what the arbitration award had meant. The Unian signed a request to the arbitrator to clarify the award. They have been waiting for �at clarification fran the arbitrator, but they see no reason, sinoe the shift preferenoe issue is the only issue in question, that the pay and ber�efits prwisirns c$nnot be implenerrt.ed. �ey are asking that the salary �aarded by the arbitrator whid� was a 5$ increase and the back pay effective to January 1, 1985, be implemented along with the benefits such as insuranoe, hourlY I�Y. and holidaY P�Y issues. Mr. Miles stated that other cities that have raised the issue (Roseville and Brooklyn l�irk) challenged those particular awards this year. Mr. �nythe, Fridley's labor oonsultant, als� represer�ted Roseville and Brooklyn Park. Zt,�y chose to imglene.nt the pay and ber�efit Fravisions even though they had questions about oertain prwisians. Mr. Miles stated the City has requested the Union to sign a contract; haaever, they are mt able to sign the o�ntract because the clarification would not be included. If they sign it, they would be signing away the arbitrator's clarification before the clarification came down, so getting the clarification frcm the arbitrator would be all for naught. Mr. N�.les stated they are saying: (1) �ey are willing to sicp� the v�r�tract with the provision that the oontract is subject to the arbitrator's clarification; and (2) They see no reason why the arbitration award cannot be implanented anyway with rec�rd to the indisputed issues without a signed vor►tract. Other cities such as Roseville and Brooklyn Park have done that without sic�ed wntracts. Mr. Miles stated there was some language that the labor consultant, Mr. 9nyt-he, prop�sed to then ar�i withdrew, whirh would have taken care of the issu�e and they would have been able to sign the oontract. That language was: 'fihis artirle is subject to change dependent upon the arbitrator's clarificatian." He stated that language would allaw the contract to be changed if for s�me reas�n the clarification d�anged the original award. Mr. Miles stated there were two ways the Ci.ty oould go about cbing this: (1) ThEy o�uld implenent the ind�allenged prwisions of the award without a sic�ned oontract; or, (2) They o�uld direct the City Manager to adopt this language Mr. 9nythe originally prop�sed and then suY�sequently withdrew and the aontract oould then be sic�ed b� all parties. l�yor Nee stated this was a difficult issue. Since the item had not been -2- ��. �� i��L �� i formally put ai the agenda, they w�ere not prepared to make a decision an it. Mr. Herrick stated this was the first time he had heard of �e issue, he had not seen the award, and he had not had an opportimity to revie�► the statute. He was not pr epa red to make any legal. opi ni rn m this matter . Mayor Nee stated he would be willing to hold this matter aver until the Nwenber 4, 1985 meeting when it oould be put an the agenda and they would have all t�e information together. M>TIAN by Councilman Barnette to wntinue the matter regarding the p�y and ber�efit pravisions of the reverrt. arbitration award in order to get a legal o�3inian fran the City Attorney and to plaoe it rn the Novenber 4, 1985 City ��cil meeting agenda. Seoonded by Councilman Goodspeed. Upon a voice vote, all voting aye, l�yor Nee declared the matian carried u¢�animously. PUBLIC HEARINGS• l. PUBLIC HEARII� ON FINAL PLAT. P.S. �85-04, OAK RIVER ESTATES, Tf� SAN� BEII� 7560 EAST RIVER �D. BY DOUG PEPER..90N: M>TION by Co�cilman FitzFatrick to waive the reading of the public hearing notice and open the pu}alic hearing. Seoonded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the p�blic hearing opened at 8:02 p.m. Mr. Flora stated this property was located j ust to the west of East River Road between 75th and Rickard Raad. �he Ftoposed plat included 8 lots and approximately 2.3 acres which are being platted into new lots. The area zoned single fanily resider�tial and the proposal was to split the land into 8 lots, 7 lots to be used f or r�w hanes and o� lot, Lot 4, has an exi st i nq house whid� is proposed to renain. All the lots exceed the required lot area c� 9,000 square feet, and all the lots are 75 feet or more at the setback with the raad ric�t of-way o� 50 feet p�avided with the plat. Mr. Flora stated the street was approximately 510 feet long which was less than the maximun allaaable stteet lencj�t on a deaciend street, which is 600 feet. All the utilities were available to the lots off Alden Way. 7he �ark fee for the 8 lots has been signed at $1,500 per lot. Zlie petitioner has agreed to allaa the mature trees to renain as much as possible. Mr. Flora stated the Planning Conunission at thei r September llth meeting rea>nmended apprwal c� P.S. #85--04 with a total af 7 stipulations: 1. Road easeme.nt wer tr�e s�utheast oorryer o� ?501 Alden Way to be grarited to the C�ty prior to final plat apprwal. 2. F�titianer agree to assessnerits for all street and utilities. 3. In orc3er to help the haneaaners mairYtain the boulevard on the south side c£ the Fro�osed 76th Avenue, the petitioner will -3- i��J�. / t�l 1 � ��l:ai• oonstruct c$tes in the fenoes of lots south a�E 76th Avenue that are already fenoed. 4. All str uctures incl uding exi sti ng ho�se an Lot 4 to be renaved with the develognent. 5. �titianer to pravide 200 feet sr,ale plat drawing for reoording P�Poses. 6. F�titianer to work out an apprwed drainage plan with Engeneering Staff . � 7. I�titioner will attanpt to salvage as marYy trees as possible in o�nj�ction with t3�e city staff. Mr. Flora stated he would add one more stipulation: easement alonc� East River Raad be desic�ated as raad and utility easemerit with t3�e plat. Cb�cilman Barnette asked if the house rn Lot 4 was cvrrently hooked up to city sewer and water. 'Ihe pe ti ti one r, Mr . Dc�ug Peter son, sta ted i t was not, but Fa r t of th e pl an was to hook it up to city sewer and water. Mr. Flora stated the Planning C�missian made a stipiil.ation that the house an Lot 4 be renaved. �ey were �noerned about the value of the existing house �npared to the rew house. Mr. F�ters�n stated he was asking that the existing house not be removed. He stated it was a good soi.md house after it is renodeled and a garage and porch added on, will be more in line with �e prioe af the new houses. He :tated Mr. & Mrs. Ren Herrman, who have lived in the house for the last 8 years, were in the audience. Mr. Herrick stated he would caution the Ci.ty Co�mcil's authority to req�ire the renwal o�f the house, unless it was in a oondition where the building inspector would mairitain that it was substandard whic� would requi re it to be mwed; but simgly be ca use i t was a di f f er ent sty le or smal l er or th e priae was not in lire with the prioe af the rew houses was not suff icient gro�.m3s to have it renc�ved. O�tmcilman Fitzpatrick stated that the stipulations written by the Planning Comnission appZied to the re�endatian that the house be renaved. If the house is cping to renain as the City Attorriey had recommended, then there were sane other stipulatians that would no doubt be put in a motion in two weeks when th�y act rn it. Or�e of the stipulations reoomanended hy staff originally and changed in a motion by the Plarming C,onmission had to do with the o�ntinued existenoe o£ the hoiise and that, therefore, would call for a rear yard varianc�e f ran 40 feet to 23 feet. Mr. Flora stated there would have to be a varianoe fran the front yard also. Cbimcilman Fitzpatrick stated that one stipulatin stated by the Planning -4- ��. _ ia+ y, •, � �� : a�• Oommissirn was that the "petitioner will attenpt to salvage as many trees as possible in o�nf�.uiction with city staff :. He stated this seemed rather vague. In looking at the lot, of soft trees. He hoped the petitioner realized they were talking about hardwood trees, evergreens, and the desirable trees on the lot. Mr. F�terson stated, that was his inderstanding. Mr. Ren Herrman stated he was the residerit at 7560 East River Road whicfi was the existing house m Lot 4. He stated that in his lease he is to pay the taxes on the house and property, and it is currently valued at $105,000. He stated it was a good solid house and has been maintained pretty well. He stated it sounded like Mr. Peterson was going to make some very nice impravenents. A residerit living on the oorner o� 75th Way and Alden Way stated if the new street goes in, she will be surrounded on three sides by roads. What does this c3o to the value c� her property? She stated the street did not bother her as much as the lic�ting. She has had sane burglaries to her home, and the lighting situation has to be improved. Gb�cilman Barnette suggested she work with the developer when the street goes in and with NSP on where she would like the lic�t to go. Mr. A.J. Hogan, 133 75th Way, stated he uzderstood the boulevard would be 7 feet wide cn his side c� 76th. When a boulevard is r�rmally 12 feet, was 7 feet wide enouc� to keep fram thraaing snaa in the winter time into their back yards? Mr. Qureshi stated sinoe this road would servive cnly 8 lots, he thought it would be �actical to have a 30 foot wide street with at least a 10 foot boulevard on each side. Mr. Hogan asked who would maintain the grass cutting on the boulevard. Mr. Qureshi stated it was the responsibility of the abutting property owners to mairttain it. CAUncilman Fitzpatrick stated a revomanendation made by the Planning Conmission was that if a property awner's back yard was fenced, then the petitiorer would prc�vide a cpte in the fenoe at the petitia�er's expense. Mr. �terson stated he was not objecting to the gates, but he would 1 ike to have a dollar anou�t o� what it will oost. A resident fran 91 75th Way, stated that as a property c�wner, she was opposed to the proposed developnent. When she purchased the property two years ago, oa�e ��e selling poirits for her was that the back yar8 was nioe and private and quiet. She would 1 ike the property to stay undeveloped. -5- �!��. � ia� ��_ •, � ��: �+• ��Y� because there will be traffic and noise. There is already an incredible amount o� traffic on 75th Way and this will increase the traffic. If the road has to go in behind her and there is gr�ing to be a 10 foot boi.ilevard, she would like to see the developer put in a sidewalk so the dlildren have a glace to ride their bikes, rollerskate, etc. , because it is too dangerous for the d�ildren to be in the street. l�ayor Nee stated that when the City Council hears this item at thei r Nwenber 4th meeting, they will try to accommodate as mar�y concerns as po�sibl e. NDTmN by O�uncilman FitzFatridc to close the public hearing. Seoonded by O�uncilman Barnette. Upon a voioe vote, all voting aye, I�yor Nee declared the motian carried unanimously and th public hearing closed at 8:40 p.m. 2. PUBLIC HFARING ON FINAL PLAT, P.S. �85-05. MIDWEST ADDITION. GENERALLY IACATID Bk,'�nTE'.EN HIQCORY STREET AI�ID MAIN STREEr. PARTH OF 81ST AVENUE N.E. , BY IEOI�RA W. VA,I�ISSE • NDTION by Co�cilman Barr�ette to waive the reading of the publ ic hearing notice and open the public hearing. Seoonded by (buncilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opered at 8:42 p.m. Mr. Flora stated this property was located between Main Street and Hickory Street and north � 81st Avenue. It was originally cal.led the Midwest Plat, but sinoe they have reoeived the sulxnittal, the Assessing Department has indicated there is already a Midwest Addition on record; therefore, this plat should have a ne�w title. Mr. Flora stated this property was zoned heavy industrial, and it was proposed to divide the property into 3 lats, a larger portian of about 16.8 acres on the south, and two additio�nal lots of approximately 6.1 acres on the r�rth. 7he plan was to aanstruct a truck transfer terminal building located on the 16.8 acre portian to be developed by Mar-Len Development for ANR ZYucking. �ere wail.d be 48,000 square feet of uninsulated warehouse spaoe with offioes in the frcnt. �e warehouse would be about 550 feet lang with 100 bays for trucks. Zhe husiness would employ about 140' �nployees with an anticipated g�yroll �$5 million. Mr. Flora stated the plans call for berming around the truck facility. At the last meeting, the City Cbuncil executed an agreener�t with Mar-Len Development in regard to this �rticul.ar paroel. • At �e Septanber 11 Planni.ng Coirmissic�n meeting they recommended approval with seven stipulatians: 1. Petitianers agree to drainage and road imprwenerit assessnents. 2. l�titianers agree to work with staff to acoomglish an aoceptable landscape plan. -6- 3. 4. �� I'J1 1�, � � ��1: �1' 1dIlC��SA� p1dI1. 3. �titioners agree to work with staff to facade plan. 4. A park fee for an aanount equal to .023 X plat to be paid upon apQrwal. a000mplish an avoeptable total square footage oE 5. Gbmpany agrees to not allaa any truck traffic, exoept to clie.nts, an East River Road. Appropriate exit signs will be ir�stalled � directing trucks to University Avenue. 6. E�cterior lic�ting will not csst a lic�t beyrnd the fenoe perimeter. 7. Zhere will be an apprwed drair�ge plan by the City. Mr. Flora stated he would a3d one more stipulation: The developer provide a 200 foot scale plat drawing with the appropriate supports shown for reoordi ng purposes bef or e f inal approval . No persons in the audienoe spoke regarding this public hearing. NDTI0�1 by Gtotmcilman Gooclspeed to close the public hearing. Seconded by Councilman Fitzp�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried unanimously and the public hearing closed at 8:46 p.m. PUBLIC HF�RING ON PROPOSED CHANGE TO THE FRIDLEY CITY CODE BY AMENDING C�IAPTER 205 . ZODTING • � NDT�CX1 by Co�cilman Barrette to waive the reading of the public hearing notive and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:47 p.m. I�. Flora stated this was a reoomnended change to both the Zoning Code and the Appeals Conmissian portian of the a�de that applied to a sunset clause for variances that are granted. It added the following wording (underlired): "If work as permitted by a variance is not commenced wit 'n one vear and co�leted within two years after granting of a variance, then the varianoe shall beaame null and vaid unless a petition for extension of time in which to oomglete the work has been granted by the Appeal s Ocxnni ssi an. " No persons in the audienoe spoke regarding the reoarmer�ded change. rDT�ON by Coiu�►cilman Barnette to close the public hearing. Seconded by O�tncilman Goodspeed. Upon a voive vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:48 p.m. P[1BLIC HEARING ON PROPOSED CHANGE TO THE FRIDLEY CITY GQDE BY AMENDING (�1APTER 6. OONIlKISSIONS: NDTmN by Co�cilman Fitzpatrick to waive the reading of �e public hearing -7- ��, r � � • ��: �� • : notioe and open the public hearing. Sevonded tr� tb�cilman Goodspeed. Llp�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:49 p.m. Mr. Flora stated this was an ac�anFanying change to �apter 6 dealing with the Appeals Comnission. It was an ideritiral change as that for C�apter 205 adding the s�set clause. No persons in the audienoe spoke regarding the reoa�rnended c�ange. NDTION by Cb�mcilman Barnette to close the public hearing. Seconded by Cb�cilman Goodspeed. Up�n a voi�oe vote, all voting aye, I�hyor Nee declared the motirn carried unanimously and the public bearing closed at 8:50 p.m. OLD BUSINESS• 5. QRDINANCE N0. 844. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINI�90TA, BY MAKING A CHANGE IN 7AIJING DISTRICTS (KENT ROESSLER. ZQA #85-02• I�. Flora stated this was the sea�nd and final reading of the ordinance to identify three paroels which are rezoned to R-2 to allaw developnent of three zero lot line structures in Iwen Terraoe. �ere was a oovenant on the land that stipulated that only single fanily h�nes should be oonstructed. He stated they have available a c�ange to the wvenarit that was draf ted by the city attorney and signed by the property owner and it would be appropriate for the City Council to authorize executirn of the ac>venant for reoorcling whirh will then allaa t-he zero lot line strucvtres to be built on those three lots. NDTD�N by Councilman Fitzpatrick to waive the seoond reading of Ordinance �844 to amend the City �de c� the City of Fridley, Minnesota, by making a d�ange in zoning districts and adopt it on the second reading and order publicatirn. Sevonded by Councilman Goodspeed. Upon a voice vote, all voting aye, I�yor Nee declared the motian carried unanimously. rDTION by C:o�cilman Barnette to waive the City's ric�ts to the �venants. Se�nded b� Co�mcilman Gooc�speed. Upon a vaioe vote, all voting aye, Mayor Nee declared the motian rarried �animously. r�a Bcrszr�ss- 6. QONSIDERATION OF FIRST RF'..ADII� OF AN ORDII�INCE RIXI�DIF'YII� TI� FRIDLEY CITY QODE BY ANIEI�IDING CHAPTf�',R 205 IIJ�ITLE� "7AIVING" SDCTION 205 .OS • I�. Flora stated this was the first reading of the ordinance to establish the sunset clause for varianoes .in the Zoning Code and estab].ish the two year time f rame in which the variance must be completed as identif ied previously in the agenda. � �� . • � ��. �. rDTD�i by ��ncilman Barnette to waive the reading and ap�we the ordinanoe upon first reading. Seoonded by O�uncilman Goodspeed. Upon a voice vote, all voting aye, l�yor Nee declared the motiai aarried �u�animously. �� • • �_ • � � • • � �• « • �� 4�i i � ��'� • I�1 1� • . �1 �1� �• I • `i? • � . 1 Mr. F'lora stated this was the same iten ci�anging Chapter 6 to be oompatible with Chapter 205 which establ ishes the two year time f rame in which varianoes must be oompleted. NDTION by Councilman Fitzpatrick to waive the readin�. and approve the ordir�noe upon first re+ading. Seconded by Councilman Goodspeed. Upon a voice vote, a11 voting aye, Mayor Nee decZared the motion carried unanimously. • a« � i � • i • ,i •� � • i ,_ • •_ • : . • • ; A. OONSIDERATION OF SPECIAL USE PERMIT. SP #85-11 ZO AI,IAW O�NSI'RiJCTION OF A SECOAID ACCES90RY BUIIDING. 6425 ASiiION AVENUE N.E.. BY JERRY UNGI,AUB: 1�. Flora stated this was a request for a second accessory building on property located just west of the Burlington Northern railroad tracks on Ashton Avenue between Mississippi and 64th Way. Zhe petitianer proposes to v�nstruct a 24 x 32 utility shed at the rear o� the yard in order to store equipnent. �e property is zoned single fanily and is surrounded by other single family hanes. The petitioner is proposing to build without verifying survey which he can cb with a letter fran the adjoining property owner whic}� has been reoeived. Zt�e petitianer has no intentic�n of parking a motor vehicle in the building. �e Planning Co�nnissian reoa�nended apprwal af SP �85-11. _ NDT�I by Co�cilman Fitzpatrick to concur with the recommendation of the Planning Comnissirn and grar�t special use permit, SP �85-11. Seoonded by ��mcilman Barr�ette. Upon a voive vote, all voting aye, I�yor Nee decl ared the moticn carried �manimously. NDTION by Councilman Fitzpatrick to receive the minutes of the Planning Cormiission meeting of October 9, 1985. Sec�onded by Councilman Barnette. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8.1 CONSIDERATION OF AN AGREEMEN� WITH SUPER ANIERICA FOR JOINT CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS IN THE AREA OF 57TH AVENUE AND UNIVERSITY AVENUE: Mr. Flora stated Super America was planning to acrostruct a service station at the intersection of the southeast wrr�er o� Uni.versity and 57th Avenue. _}. �.��. i � � • � �� : �+- In so doing, they are Fxop�sing to build a loopback around the property to the servioe drive g�ing aver to 7th Street. They have a petition to the City requesting that the CS.ty install the water and sewer utilities with Super 1�nerica �aying the total v�st of the oonstruction and escrawing the mcriey with �e City at this poir�t in time to allaa the oonstruction to begin this year and be oanpleted by next year. Mr. Flora stated he would revomnend the City approve the execution of the developne.nt agreenent with Super America for the loopback servioe drive. NDTION by Councilman Barnette to approve the agreement and authorize its execution. Seoonded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, I�yor Nee declared the motion carried unanimously. 9. RESOLUTION N0. 84-1985 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND FSTIMATES OF TE� OOSTS THEREOF: V�,TER AAID SANITARY S�,WER PRUTEC.T #156: NDTION by Cbtu►cilman Fitzpatrick to adopt Resolution No. 84-1985. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion aarried unanimously. 10. RE9C)LUTION I�. 85-1985 RECEIVING Tf� PRELIMINA.RY REPORT AND PETITIONS N0. 19-1985 AI�ID 21-1985 RE4UESTING IMPROVEMENrS FOR 8 IDTS OF QAK RIVER ESTATES PRUPOSID PLAN AI�ID FOR PR(JPOSID SERVICE STATION AT 57TH & UNIV�R�ITY AVENUE AI�ID � i�,IVE A PUBLIC HEARING ON Tf� MATI'ER OF THE CONSTRUCTIN OF CERTAIN IMPROVEMENrS: i�,TER AAID SANITARY SEWER PRU7F�CT #156: rDTION by Co�cilman Barnette to acbpt Resolution No. 85-I985. Seconded by ��cilman Goodspeed. Upon a vaioe vote, all voting aye, Irhyor Nee declared the motian carried �.u�animously. 11. RESOLUTION N0. 86-1985 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER & SANITARY SEWER PRA7ECT #156 • NDTiOA] by ��cilman Gooclspeed to acbpt Resolutian No. 86-1985. Se�nc3ed by Gbimcilman Barnette. Up�n a voioe vote, all voting aye, Ngyor Nee declared the motion carried tulanimously. 12. RFSOLUrION I�. 87-1985 ORDERING IMPROVENIENr, APPROVAL OF PIANS At�ID ORDERING ADVERTISEMENr F`OR BIDS: i�VATER AAID SANITARY SE,'WER P%�TECr #156: M�TDxT b� Co�mcilman Barnette to ac3opt Res�lutian No. 87-1985. Seconded by on�ncilman Goo�geed. !�. Herrick stated that on the advertisement of the bids, he thought it should be oonditianed on the Gity reveiving the neoessary easements towards the sewer and water. He thought it was something that oould be handled acfiinistratively in relaticn to getting the neoessary easements beaaus�e they -10- �� i�+ �,_ • �� : �- have been pranised then but they do not have then in hand. Upon a voi oe vote, al� voti ng aye, May or Nee de cl ar ed th e moti on ca r r i ed unanimously. 13. RECEIVING RESIGNATION A1�ID CONSIDERATION OF APPOINTMENT TO COMMUNITY ,pEVEIDPMENr �A'IISSION: IrDTION by G1o�cilman Barriette to reoeive and acoept the resi�ation Louis R. Schmidt fran the Catmimity Developnent O�mnissirn. Seconded by Councilman FYtzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the moti on ca r ried �u�anima�sly. I�DT�DN by Qo�cilman Fitz�atrick to tahle the appoir�tment to the ComQnunity Developnent Commissio�n. Seoonded }�y Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. CT�AIMS: IrDTIDN by ��mcilman Barnette to authorize payment af Claims No. 4968-5149. Sev�nded by Cour�cilman Goocispeed. Up�n a voioe vote, all voting aye, Mayor Nee declared the motim carried tu�animously. 15 . LIC�iSES • I�DTIt�N by Co�cilman Goodspeed to appro�ve the lioenses as submitted and as on file in the Lioense Clerk's o�fioe. Seoonded by �uncilman Fitzpatrick. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. ESTIMATES: IrDTION by O��cilman Fitzpatrick to apprave the estimates as suYmitted: S�nith, Juster, F�eik�na, I�lmon & Haskvitz 1000 IOA G�nter Mi nneapol is, M�] Fbr Legal Servioes Renciered as C�.ty Prosecutor for tlie Mpnth af July, 1985 . . . . . . . . . . . . . $ 6,712.50 For Legal Servives Rendered as City Prosecutor f ar �e Mo�rith a� August, 1985 . . . . . . . . . . . . $ 6 ,546 .59 Lino Lakes Landscaping 18400 Lexington Avenue Wyaning, Md 55092 FINALFSTIMATE . . . . . . . . . . . . . . . . . . . $ 7,130.83 Mississippi Street Landscaping Project -11- � �,. � i�+ � •, � ��: �• �_�LZ�� fiickok & Assoc. 7nc. 545 Indian r'bts�d Wayzata, M�I 55391 Moore Lake Fhase II Praf. Serv. for F�r. F�ding 9/30/85. . . . . . . . . $ 834.70 17. �NSIDERATION OF SEITING A PUBLIC i�ARII� ON Tf� POTENrIAL TRANSFER OF THE .CABLE TELEVISION FRANCHISE CJWI�FZSHIP• I�DT�UN by Councilman Barnette to set the publ ic hearing f or Nov�nber 18 . Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried. unanimously. 18. RE,.90LUrI0N I�U. 88-1985 EXPRESSING THE CITY'S OPPOSITION TO THE FCC RULE LIMITING Tf� AtTrHORITY OF THE CITY � SET TECHNICAL STANDARDS ON THE CABLE �7�,'EP'1: NDTION by Gb�cilman Fitzpetrick to adopt Resolution No. 88-1985. Seconded by Coincilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION N0. 89-1985 FOR INDUSTRIAL DEVELOPMENT BONDS ON BEHALF OF QOLUMBIA PARK PROPF1RTIES DEVEIUPI�NP• NDTD'JN by Cfluncilman Gooclspeed to adopt Res�lution No. 89-1985. Sevonded ty Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion aarried tu�animously. 20. RF50LUTION NU. 90-1985 FOR II�USTR7AL DEVEIAPMENr BONDS - OSBORNE ROAD AND UNIVIIZSITY PROJECl'• I�. Qureshi stated they have been in oontact with Mike Sc�roer the last few months and recently had a meeting with a representative f rom Bor-Son O�nstructirn and a real estate agenda representing Bob and Mike Schroer. �e Fr oposal was ba si cally to a�ombi ne three Fe roel s of land i nto one Fa roel , ranwe all �e structures, and build about 60,000 square feet of retail spaoe. 7,he request is to get the induoeqnerit resolution for $5.5 million. It was his �nderstanding that Mike and Bob Schroer will be making a request to the HRA for the redevelognent of this area, al.ong with seeking some tax increnem. assistanoe. �e inducement resolutim is u�der the City Council's authority whereas the tax increment and other kind of help is under the HRA's authority. I�. Qureshi stated Mike and Bob Sc�roer were in the audience to answer any questi rns . Mr. Bob Schroer stated it came to their attentia� about 1 1,/2 years ago when Cub Foods moved that the area needed something new. They feel a new structure and a r�ew im�age m that c�orrrer will benef it Fr idl ey and al so the -12- � ��. � i� ��_ • � �� : �• r�ew tenants in the �nplex. �ey think the area is too good to let it go tr� the wayside. �ey feel the need is there, and they hope they can secure sane help fran the City in the developnent. He stated Bob's Produce Ranch will be me c� the anchor tenants. �ere is also a drugstore that might be another anrlior, and they have also had some oonversatian about a hardware store, plus other re�tail shops. I�yor Nee stated he felt this was an imp�rtant thing Mr. Sc�roer was doing; hawever, he had sane wnverns. ��cilman Mr. Goocispeed stated he thought this developnent would be an asset to the aatm�ity. NDTIDN by ��cilman Gooclspeed to acbpt Resulution Ntmber 90-1985. Seoonded by Councilman Barnette. Upon a voice vote, Goodspeed, Barnette, and F�tzpatrick voting aye, Mayor Nee abstaining, l�yor Nee declared the motion carried by a vote o� 3-1. 21. DONS�DERATION OF POTENrIAL FCR�IDII� PARTICIPATION FOR Tf� FRIDLEY HISTORICAL SOCIE'I'Y • NDT�ON by �ulcilman Barnette that the City �uncil and Staff respond to the request fran the FricIley Historical Society that they do share an interest, will give them some support, and will certainly consider any future suggestions the Fridley Historical Society might have. Seconded by Q»cilman Goodspeed. Upon a voive vote, all voting aye, Mayor Nee declared the motian carried wianimously. AA70URNME[�TT: MfJTION by Councilman Barnette to adjourn the meeting. Councilman Fitzpatrick. Upon a voice vote, all voting declared the motion carried unanimously and the regular Fridley (�ty Council c� October 21, 1985, adjourned at 9:05 Respectfully subnitted, I3ynne Saba William J. Nee Secretary to the Mayor C� ty O�uncil -13- Seconded by aye, Mayor Nee meeting of the p. m. Notice of Public Hearing Commercial Development Revenue Bonds City of Fridley, Minnesota Notice is hereby given that a public hearing will be conducted by the City Council of the City of Fridley, Minne- sota, at the City Hall, 6431 University Avenue NE, Fridley, Minnesota, at a meeting of the City Council to be held on November 4, 1985, commencing at 7:30 o'clock, p.m., C.T. At the public hearirtg the Council will consider a proposal that the City assist the financing of a commercial or indust�ial development project by issuing its, bonds or other ob�igations pursuant to Minnesota Statutes, Chapter 474. The proposed project consists of the acquisition of land and the construction thereon of approximately 17,000 square feet of clinic and related medical facilities and of an approximately 254 stall parking facility (the "Project"), to be located within the City at 6341 University Avenue NE, by Columbia Park Properties, a Minnesota general partnership (the "Company"). It is proposed that the City assist financing the Project from the proceeds of an issue of the City's commercial or industrial develppment revenue obliga- tions in an amount presently estimated not to exceed $4,360,000. If issued, such obligations would be payable from lease payments or loan repayments to be made or secured by the Company. A draft copy of the proposed application to the Minne- sota Department of Energy and Economic Development for approval of the Project is available for public inspection in the office of the City Clerk-Treasurer. All persons appearing at the public hearing will be given an opportunity to present their oral or written com- ments on the proposal that the City undertake and finance the Project. �s �� i ; �- ��. - R �� ' �' �3 i w • , � i I � `< � " « ; t ! � � � � � � � �� . � . � � � __ i v I • r'- � � I •I � • 1� ~ i ; � � 1 I t I 1p M � F � ` — MN < O ' O� f� O ir• I J � W 0 W - � I+ ^ • s I I I ' I � I I . � i p; � ` a L� � ' � � f ' : : . � p V i � � • • �'s�• �� ` l---7 ' 2 � �� n.�,Hnnl a ��I s Y � p Y G t 1y m g i 6;; Y Q ` � `� ��P�P � € Q� e Y ° ri � ; > `o " ; W '' o : o YW OJ J i' W OJ � � � J � J Q t F � � F t � � 2 F W Y IL � , � I�`f � ��.� i` � I � I •...� i � '• ; tiX i � ..I �► I w %��T, J -----�--� � � � � . ' l� t"'" `'� I t `V � +� � �' I I � � �� ,-w ; � � 1 � ' � »� I � ! � -_ � i •• � I 1 -----' �a � � ; ; �'�: � ' �--- � � :. � I , �. : :;� � ! � _ ', I { � `- ''�' :�;� � :� 1A i " �; y� i � •;�� •i•:' l. I r_� �.�. . s4�.�� t ; l: i�y � .,j : �.� ►'�' ' � �': l: : . , .•1•r: �: : :•:; :�•r: : . �11►� /' :��• •'�': : .'.'. :'.'..ti4�.� �. I �J� � \ o✓ • � •�': : •�: : • :'.�: .': : .� � I ': - . 17 \ ��. . e .'►.�. I , '� : ►'. � �! ` � � � '� ' I..�.... �t, � ' I , � ,� .i ,'� � i►y�+'V f1��1_ N��dI�- ( � •-rs � TT . . . . .•.•. . . . �� • � � � �t��i� i � ��i�i�:��i �� • nv�T, :•: : •: •: ; :• •:•: : 'r3 fr : :•.ti;:�: ' • • � •'��•'4�' � '.� � (.•.• � ►•.•.•.;,;.•.•.• . . . .•:T'•:�:•:•:•: :•:�'•'•'•:•:•: ::F:r,;::�:::►;.;,;.,,,.;►;.; :;+ :.:.:.:..::.:.:.I.;.I.;.j:;..�; j.;. 1 �,., . I :•:• •:•: •:•: •:•:•:•: :•: •:;: :ti•::;;;•:• �' � •:•:• ..•:•:•.. •:•.. . .•'•:.'•:• �•�•�•z•.•:.. .,. ,.i•� ::�:: •:�'::�:;:�:;:�:;:t:•: '"' ;:�:�:t:��•�•��''� ••.t.'.�:;:�. :•:; :.•: : •.ti•.•.•.•�•.•.•.•�•: .. . . r�•: ? . , . ,.�:;' . ..............T:;:� �: � • ,•, . . ,� ��-+ • Y:�:ti�:�;�;�;isti`.�•:• •.� :"s•.• •: o :'t•. :•' • ��: :-.•: : .I± � �" •�t �� f • �• ��i ��i �� •��}�� i ��i i �� ► � �� . . . . , • . . . .•: . . . . . . .;.;�: .�•: .•.;.; •� '; : �:;:�:r :{�:��:�i�: I�:�I�: :�I�: : Z�:�I�:�I�:�I�:�I�: I:;:i:•.4 ,;�; :,' ::' � �� ' :��:�:• •.� �� • .. :•�i,,:;: : : : : : : : : : : : : ; :�:;:�:�: . . :�:�.�:�.�:�.�:�.�:�.�:�.�:;�:::�:::.;:�:: ;.�:�.�:�:�:�: ::�:::{: : .,:+• .tir. :�:�.�. ::� :�c� :�,�:�i�:��:�I�:��:�:�:•, . , .1•.� ..a:�:a::::::::''.:,:. .i:•. I ., .•.•:��;.•, :•�•.•�•.-�•.:+••••••••:•:� •••:•:�: � . t•:•.•:•: :�� `�'�' � . �:. .•,•.•,•. .•,•.•, . .•: , . :•�•: �:�a• '�� t' . �'� � � i �� i �� _ _ i�' � �:- : : . : . �::.�: ::::::::::::.:.:.:: •.� , � � :•+':'+'::�:;'+':'•':'+�'� ;:;:; '::•: I•: i•:•j: 'G:��:�'•:��:• • � I: � .� . . . . . . . .':'.' :'} • ►.•.r: .'.'. . � '. �.�.�.�.�.�.�.�.�.�.�.1.' .' �'. ..� : i ..1.'1.•l.•. � �' 1 � , y�1.. _� �: .'.'. .'.'.'.•. . .�'��!+�� _ � `— -- __------._• __.._.. ��► ' N✓ u �✓ L -�4V�� Y� ��/i► �•J ��..�--_ OYOY �7U1Y�i �fM13Ar AllStl�ANIfl i� Z � � Q > W J W N W 3 " Z Q � Q � J W � � z � � � 1� i i i i i � I I � W I � � �' N .� a � W a i L" I� Z � Q � J W i � � 0 � I U � Z O F- U W _� � r I i � � � 1; : I � H � 0 N C 2 J 2 L � J > �w � p . � � LL i ��' i � �� C.: I� � �� P� 1B 2 C�'FICIAi, p[TBI,ICATION CIZ'Y CF F�2mL.E,Y � s � � ._ : : �.. �, �� iiv��.�w C�TI'ER CITY ZHREE L.bVFZ, pUBi,IC PARKING RJ�1[� i�1t3ERFAS, the City Council of the City of Fridley, Anoka County, Minnesota, has dee�,ed it expedient to receive evidence pertaining to the improvernents ttieze�nafter described. NOW, THEREFORE, NOTICE IS H£REHY GIVEN THAT on the 4th day of Ivov�t�r, 1985 at 7:30 o'clock P.M. the City Council will meet at the City Hall in said City and will at said time and place hear all parties ir,terested in said im�ro�en�nts in whole or in part. TY►e general nature of the improvements is the construction (in the lands and streets notec belor,r) of thE follo�ring i�rov�nts, to-�:it: �t:s:-RUC-r1a; 1� A three level reinforced concrete public parking rarp facility consistir.g of one level below ground and two levels at,ove ground. The structure to be erected generally east of the Fridley Plaza Clinic Souti. of 64th Avenue (Fourrr.ies Avenue) and West of Stt� Stceet and Abrth of the Fridley State Eank property in Fridley. �:irated Cost . . . . . . . . . . . . . . . . . . . . . S1,30C,00C.00 T�':�+'= T�i� F,F2F1, PROPOSED T�0 BE ASSESSED FOR SAID IN.PROVE�;El.'TS IS AS F'OL.I�'S : All of the land abutting upon said structure and all lands within, ad�acer-�t ar,a ab�tting thereto. All of said land to be assessed proportionately according t� the benefits rcceived by such irr�rovenent. Ttiat should the Council proceed with said improvements, they will oonsider the i�rove-,ents, except as herEafter otherwise provided by the Council all under the folloWing authority, to-wit: Minnesota� Statues 1961, Chapter 429 and laws amendatory thereof, and in - oonformity with the City Q�arter. L�4TID TI'IS �TH DAY OF OCTOBER , 1985, BY ORDER OF THE CITY �'IVCIL. WILLIAM J. I�E - N.A.YOR PL'Ri:ISH: October 21, 1985 and October 28, 1985 � � � � W a � ' •I ., . , ' W « I 0 ' � f e i ; o � � O o Q tl�� ;� ` -;� � _� i s � a J -� � J < yf � � W � � � m 4 > � U � �PYP � � �J � C7 � ;� � c� WWg � � � � � o �'� � � �3 � � < � a � r t �► � � '[ W � �,,� e - -- a �: �� 2 A :3 �� s 0 �' � y ��. � � �. . " w - " t i i � � � � � � i i ¢ j < : � � � • h � � � r 1 4 � 1 a • ��'� • . i , � .-- � , I i i •� f .:w I I ' I I j ` I -' � I � ' I !'� � I �;.� i .� � ' •` :: � � ' � I � � j ►� ± � -�--� , • �•� � ----- � I.� if r..-- -� � � ,. i �, �� r _ • � �� •'. � i i - �� j-- - � , ( ��` � � � �, � --------- , � „ i� � .�. � ' ; �---, --- � i . �..., ; , , I I • ` ' ' ' � I '� Y , ' a i �i� . � t � ; ' ,� ' � o I � -------- i � ' -- _ � i l__ _. _ � I /' \ c r--- ----- --+ � s \ � � :i � � �i. � � 1 I . � . � � � _ �.y� eS� .,� _e-�y � , ""'" _� ,' �if �= i ��•�T � ., , ` ��r.i'W fJ�l1_Nt•OI i i �� M Y •� , [ , �!Yf� �� Y MM N ry � � � S . � r3 G z �.� Ifli:�� ' ' �''! ' � % � � i� � J F„ � l � — y� � I��(I �I��Ii� ' _ ► _ ; . i i 1.. -- - - ' -- � +—! -' - �-- . � s � ; Ey � _ � I. i i I� i �, �:� I� 1� I� � I � " � N � � — � — d� �� I!' i i i�''' I' ' i � I� �---- � � ' ' ' I • i � ' ! , � j_ _ � i I �� --- N j . t� -- N r� ' � i � � i �� '� �� . y•. I : ; i ' • � � ! ' , � � i i i �• � 4 �..-*�------ ��—. -v�:::.. ^^.v,.. �-•—��.�r �: .�y�-�y �1► U ��r 1 f'�:��y-�'' ,,Y�-_� ;' w�T'--�i�--� ._��+ �'-. �., 1 • 1 �i �� u --- _ _"—_ _ __—_ ._�_ ovoa ��s arw�v at�s�seNn , . CARKNG TABULATION iI1Dt[t YUMK�4 ��RtMG A� • LAfT 1 JwElt�[K1 {7 CV1t Ltrfl '�' �• Y !� �C' tt 9' i� �OT4l t�0 iMD�L► CIMC ►�MCMG ��M - RfT lO�r[A LtvLl 11• ur�c� urc► +e, TOT� t�t on a.a .u.c�+c � TOTAI ►�KMG �07 CYK �.�,.w a+ w.oc ..�R.�c �s� ws ----- ,j ��i � , � i sTA01� OUT � �� t�..� .. : �,�.+ b,�: � — "A" 1 � �� w 1 �� I 1 N � N LEVEL 'A" 35 CARS � VAM I VAM �E �` WNE \ J • • �` � I • � � ^ � � .,', ". `� � s � _ _ �� o� —�--- _� , � �__ _ _ _ �� __ s ; . ___ _ _ o , r;. ----- i - --- • • - FRIDLEY MUNICIPAL PARKING RA EAST , +o LEVEL `B" 29 CARS �a ,. . , � � sr�w � • �� - ( i ; �.�� : �, ..� . "A" , ❑ � 4 t �� -�~ ►'� x'i. i►�,`� 3 . , , . _ � �8,� '�/ W W Q F� N � _ , F- � N ._ , �2BI "A" 1 � � . §TAYi., � �• 12 — � s n 3� � o _ �g� 1 � s �� a� - VAN _. - -.�_ C' '',�4 FRIDLEY MUNICIPAL PARKING RAMP �] �� EAST ['� our v"" LOWER LEVEL 53 CARS �;// I I I I N M M .3T.AIf� �. 7 "A� I �C � � �cB�► N � W W � � � � 2C 1 �A� �B� 1 . , . �A„ �Br ' FRIDLEY, MINNESOTA � �� COMM. N0. fMEET NO. DRAWN �Y OATE 3 tw N Acf'►, ,�bs � 2E I EAST ELEVATION WEST ELEVATION , i � � :: �� f SECTION u8�8� �� .'J�7- �- � � � 'I � �: � ��5� ,�� . P � .�1 ��ti.Y � .��:: � . � ___� SOUTH ELEVATION - ��, - --- -- - - - ----- -- - -- - �_ - � � � _.._ .._- ' - - _r'- - _ . ' . . � - �� -? � --- �S�`' �,��f,�.:.�' - -' � �-_ ' �.� x _ r NORTH ELEVATtON_ 0 2F SECTION "A-A" � OF�INAN� N0. AN OI�IN�N(.E REQODIF'YING Z�iE FRIDLEY QTY QOD�E BY Ar'�IDING CSAFrII2 205 II�IiLED "ZCNING" SECTIOlV 205.05 'IiiE CITY aCXJNCIL OF 7�iE QTY OF FRIDLEY DOFS O1�.lAIN AS F(�LCWS: 205.05 ADMINIS'�2ATI�1 AI�1ID II�'OR(EN�IT G. Lapse of Variance by Norruse. //If within one (1) year after granting a variance, the recipient of the variance has not oorrunenced the work as peanitted by the varianoe.// If work as �rm�tted by a variai�ce is not co�menced within one year and coaimleted within �w�o years after granting of a variance, then the variance shall become null and voia unless a petition for extension of time in which to oanplete the work has been grarted by the City Council. Such extension shall be requested in writing and filed with the City at least twenty (20) days before the expiration of the original variance. �he request for extension shall state facts showing a good faith atte�►pt to complete the work permitted in the variance. Such �etition shall be presented to the appropriate body for review anc�/or decision. PASSID ADID ADOFTID BY �fiE L'ITY �IJNCIL OF TFiE CTTY OF FRIDLEY TH TS DAY OF , 1985 WILLIAM 3. NEE - MAYOR AZ'I'FS"T: RIQ�I�RD D. PRIBYIrACTING QTY CZERK Public Hearing: 10/21/85 First Reading: 10/21/85 Se�nd Reading: Publ ication: �3 �,� r�:�.� �! • •,� r • � • a�� r �: • n� � •�.., � a+ u r •: � • �+- � � �� •• � r • �w • . � �iE QTY OCJUNCIL OF �iE QTY OF FRIDLEY DOFS OF�,IN AS FCGI,Q�+1S: 6.07. APPEALS OONlNiISSION 9. Lapse of Variance by Non-use. //Wher�ever within orr (1) year after granting a variance, the recipient of the variance shall not have o�mgleted the work as permitted by the variance.// � �orh as Rgrmitted by a variance is not c�nenced within one year and com�Leted �ith; n two years after arantinq, of a var� ancp, then such variance shall beoome null and void unless a petition for extension of time in which to oomglete the work has been granted by the oommission. Such extension shall be requested in writing and filed with the City Manager at least twenty (20) days before the expiration of the original variance. 'Ilze request for extension shall state ' facts shawing a good faith attesnpt to complete the work permitted in the variance. Such petition shall be presented to the ApF.eals Commission for hearir.g and decision in the same manner as the original request for variance. PASSID ADID ADOFrID BY �IE QTY 0(xJNQL �'IIiE QTY OF FRIDLEY THIS OAY OF , 1985 ATI�'.ST: RIQ3ARD D. PRIBYIrACTING QTY Q,ERR Public Hearing: 10/21/85 First Reading: 10/21/85 Sec�rxi Reading: Publication: WILLIAM J. NEE — t�1Yl�R 0 4 5 � VIRGIL C. N6RRICK OAVID P. NEWMAN JAME$ E. SCMMEGKPEPER HERRICK 8c NEWMAN, P.A. ATTORNEYS AT U1W October 30, 1985 Fridley City Council City of Fridley 6231 University Avenue Northeast Fridley, Minnesota 55432 RE: 1985 Police Labor Agreement Gentlemen: 627f UNIVERSIT' AVENU[ N.[. FRIDLEY. MINNESOTA 55432 511-3830 Enclosed you will find the opinion of this office which you requested on October 21, 1985 on the above matter. DPN:JEB Enclosure cc: Nasim Qureshi James Hill �incerely yours, � • � '1( �� I' David P. Newman C� 6A MEMORANDUM DATE: October 30, 1985 TO: Fridley City CounQil FROM: David Newman, Assistant City Attorney �- RE: The 1985 Police Labor Agreement It is my understanding that at your council meeting of October 21, 1985 the representative of the Fridley Police Union was present and inquired as to why the City had not disbursed back-pay to the Fridl�y Police Officers. It is further my un3erstanding that to date a final contract has not been executed by either the City or the union. As you know, the arbitrator has rendered a decision in this matter. However, on September 27, 1985 the union made a request for a clariFication of this order. Admittedly, the item for which a clariEication is being sought, is separate from the issue of back-pay. Presently both parties have submitted their arguments on the issue to the arbitrator and it is now under consideration. Pending his ruling this item could be a subject for appeal to the courts. In reviewing this matter I would first like to direct your attention to the Charter of the City of Fridley. Chapter Six states that the City Manager shall be the chief administrative officer and further provides a broad deli- neation of his power and duties. Certainly, the positions �hich he has taken and his conduct on this particular matter falls within the scope of his sQecified duties and authority. I would also like to direct you to Section 2.01 of the City Charter which states that the City Council "shall exercise this control exclusively through the City Manager and shall not itself attempt to perform any admi- nistrative work." Further, Section 2.09 provides that "except for the purpose of inquiry the council and its mem- bers shall deal with and control the administrative services solely through the City Manager, and neither the council nor any member thereof shall give orders to any of the subor- dinates of the City Manager, either publicly or privately." It is the opinion of this office that the City Manager and Public Safety Director are operating completing within the scope of their powers in this matter. At the minimum, the Charter would suggest that this is an item on which the City Council should be deferring to the judgment and authoriky of the City Manager. � At the request of the Public Safety Director I have requested from the State Auditor's office an opinion on this issue. Additionally, we have also made a review of the applicable statutes. It is the opinion of this office that the action taken by the City Manager is consistent with the state law and that serious questions could be raised if the City Manager were to authorize a disbursement of back-pay without there first being an executed written contract bet- ween the parties. r CITY OF f R1 DLEY OIRECTORATE OF PUBLIC WORKS M E M O A A N D U M MEMO T0: Nasim Qureshi, City Manager FROM: John Flora, Public Works Director SUBJECT: MIDWEST PLAT DATE & CODE: 10/30/85 PW 85-329 � o °a � �o 0 ,� � � Based upon the review of the preliminary Midwest Plat by the Assessing Department, we became aware of a previously recorded plat with this title. We have coordinated this item with the developer and he has requested the title be redesignated to Mar-Len Plat. Request the Council note this change in their final approval of the plat. JGF:jmo f CITY OF FRIDLEY M E M 0 R A N D U M T0: John Flora, Director of Public Works FROM: Leon Madsen, City Assessor SUBJECT: Midwest Plat DATE: October 16, 1985 It has come to my attention that the name of the proposed plat by Mar-Len, Inc. located in SE; of NE; of Section 3, is to be Midwest Addition. Please be aware of a plat that already has that name, located in the NW'-4 and NE4 of the NEQ of Section 27. I think, Lo avoid future confusion, that this new plat be renamed. , _ , `� � � 0 7A 76 PLANNI rnMMttS1c1N MEETI��G. SEPTEMBER 11. 1985 PAGE 8 Mr. Ro 'nson stated that if the property owners on the South were willing to maintain the boulevard, perhaps the developer would be willing to install gates for those property owners who have back yard fences. Another pro rty owner on 75th Way with property abutting the boulevard stated he wou d be willing to maintain the boulevard. He stated he does have a fence in his ack yard. Ms. Schnabel sta d they realize it is difficult for people who have lived in a neighborhood fo long time to see a piece of property that is vacant qo, but they also know at land is very valuable; that they have decreased amounts of land available in ridley for development. It certainly app��•�ed that in terr�s of a plat, it wa a reasonable plat and that the develooer has made every effort to meet al code requirements. From that standpoint, the Planning Co�mission could not rej t the plat. She thought it could be a nice area for the neighborhood. She fe confident that the homes would be of substantial quality, and she could not ind any real negatives, other than the existing house on Lot 4. She felt st ngly that the house should be removed. M.D,I�.': Bi' MA.. M.I'�"l0!�, SECOI�DED ' M.R. KOtiDRICIi, TO R£CO!."ME'�D ?ti CI:'1' COt'.':�IL APPR=:'i,L OF PRFLIM.?!�'ARY PLAT, P. N85-04, OAY RIVER £S:'A'.'ES, B1' DOC'G PET�aSO.':, B£I.';� A RE'Pi.A.^' OF LOTS 40 AICD 41, E�'ISED A:.'^_'"GR'S S'_'P�:�'IS.'0.': .':D. 77, A':'_`t:A CO:'ti: �'� MIti.':£S,^.:'F+� EXC£PT TXA: PnR. REPL�'iTTED RS AIEA!F�.ti.': A�D: °'i_^.': � THE �it�.'� BEI::� 7500 EAS: R:'✓£R RDAD, WI:H TN OL:Oi+'I.':G ST.'P::I.:+.TIO.':S: 1. RDAD EnSEM.£:�:' O:'EP. TN.£ SD:.•.T!� cT COR':EP. OF 7$O� AZ.D£:: h'ni' T_^ FE GR:L;'r� TD Tf:£ CITI' PP.I�R TO .':A* P:.A:' APPP�:'A�. 2. PE:'I:IJl:ER A�REE TJ �iS5E55!!£.'ti".'J FOP. A:.L STRE£T A'�D C':'Ii,IT:ES. 3. Iti OP.�ER TO N.EZ.P TNE HJ.`.':Oh!�£RS . I'�:Aiti TN.E Bv�ZE:'nP.D 01: TN£ SJ"�ri SID£ OF TX£ PR✓POS£D 76TH AVE. � T rE:IT.'O::Ek W: LL �0.'�=:"A.:'i.T Gn:"= ` I:t' THE FE.`iCES OF LOTS S0.'.' •'H OF 76:'.. A: E. TNA:' AP.E Ai.REn✓'s' FE:: =E:'. 4. ALL STRCJCTL'R£S INCLUDING EXISTINC H' E Oti LO'* 4 TO BE P.E"!Gt'£L �•:I: N. TX E DE :'£LOP "!� 1' _T . 5. PE:ITIO:�ER TO PROZ':DE 200 FT. SCA:.E' PL DTc.�',kI1tiG FOR A.EC�A.D:.':G PCRPD�ES. - E, p£:'::IOtiER TO WORK OCT A': APPRO:�'D DRA::ti P�A:: WITI: E��G:hEEF.7.':'� 5:.�,fF. %. PE'_"Za70tiER WILL A?TEMP:' TG SALS'AG°_' F�...c M.Fi::� ..EES AS POS.�IBLE I:: COS„C'N;. TIOIti WI TH OPI:ti 10:'S OF C: � Y STAFF. UP.'�..': A VOIC£ VOTE, ALL VOTIhG AYE, CHAIRWO!�T,.': SCXNABEL D�C'LARED THE MG:IG': CARRIED UI�A'�IMOUSLY. \ Ms. Schnabel stated this would go to City Council on Oct. 21. 3. PUBLIC NEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #�85-05, MIOWEST I IO , eing a rep at o e�out east quarter, except the North 233 feet of the Northeast quarter of Section 3, T-30, R-24. Generally located betweer, Hickory Street and Main Street, North of 81st Avenue N.E., all of which, except the North 670.00 feet thereof, to be used as a site for a truck transfer terrrinal facility. -7 C PLANNIt�� COMMISSIOh MEETING, SEPTEMBER 11, 1985 PAGE 9 M�a ��!ti BY I1R. MZVTO!ti , SECOttiDED BY MR. WELZ.Ati , T17 OPE� THE PUBLIC HEi.R:tiv C.`: P.S. l�&5-05. UP�N A VOICE VOTE, ALL VOTING AYE, CHAIRWO"!A'► SCH:�ABEZ DECLARED THE P:;BLIC NEARING OPEY AT 9:4I P.lN. N;, R•;,binson stated this property was located to the north of Slst, bounded by Main St. on the east and Hickory on the west. The oroperty was zoned M-2, h eavy industrial, and it was surrounded by heavy industrial 2oned land. Mr. Rob=nson stated the olat called for dividing the proQerty into three lots, a large lot on the south of approximately 16,8 acres. and two additional lots on the north of approximately 6.1 acres each. Mr. Rob�nson stated that along with the public hearing, the City Council has asked that the Planning Cor�m�ssion discuss the nature of this �roposal. Mr, Vanas�e of Mar-Len Develop�ent Corp, has exnressed an interest in bu?ldinq a truck transfer terr�inal f�cility at this location. The truCk�nq ca�oany would be �.��.F. Frei�ht Systems.,which was presently located at 35W and Coun�v Road C, east of 35W. They are Moving due to limited space at the existinq facility. Mr. Robinson stated there would be approximately 48,00(1 so. ft. of unins��lated warehouse space �•�ith off;ces in the front. The warehouse would be Pbout 550 ft, long and included 100 bays for trucks. There ��ould be about 140 e^�ployees w�th an anticipated payroll of 55 m?llion. The orojett itself was estir^ated to have a market value of S2.6 million and would involve 5117,000 in tax dollars per year. Mr. Robinson stated the general description of the fa�:�lity w�s an over-the- road consumer drygoods truck transfer facility. Bett�een 20-30 ten-ton trucks per day wou?d drop off goo�s at the site, and then there would be approxir^ately 60-70 lesser weight trucks that would transfer the qoods to local businesses. So, they are talking about approximately 90 ser*i-tractor trailers per day in and �ut of the site. Mr. Robinson stated Staff would recor�mend the follow�ng stipulations: 1. Petition�rs agree to drainage and road iro�rovement assessment of 5292,000 msnimum. 2. Petitioners agree to work w�th staff to accomplish an acceptable facade plan. 3, Petitioners agree to work with staff to accoMplish an acceptabte landscape plan. 4. A park fee for an a�ount equal to .023 X total square footage of plat to be paid upon approval. 5. Company agrees to n�t allow any truck traffic on East River Road. Appropriate 2Xlt signs will be installed directing �rucks to University Avenue. 6. Exterior ligf�ting will not cast light beyond the fence perir�eter. 7-D PLA'V"iI�� COM►aIS5I0N MEETING, SEPTEMBER 11 � 1985 PAGE 10 Mr. Robinson stat�d there were some soil correction problems on the site with an estir�ated cost of 5150,000. Ms. Schnabel asked if this project had to be approved by the Rice Creek Water- shed District because of the wetlands area and North Park being adjacent. Mr. Robinson stated it did not; however, the City's standards were exactly equal to the Rice Creek Watershed District's standards. Mr. Vanasse, the owner of Mar-Len Development, stated Mr, Bill Pink, the archi- tect designing the project, and Mr. Ed Michaels, Regi�nal Manager for A..N.R. Garreit� were also at the meeting, He stated he would like Bill Pink to address the arch�tectural plan, and he would like to speak later about the stipulations. Mr. Pink showed the Commission�rs the architectural plan, Ne stated he had presented the plans to the City Council to get their ini!ial reaction to the project� and there was some concern on the part of the City Council about what a truck terminal operation would do to the neiqhborhood. He stated th',s pro�erty is zoned M-2 heavy industrial, and there is almost nOthinq haooening in the neighborhood at this point, so their impact was on adjacent unir�proved land. The City's concern was what would it do to future use. Again� be;nq industrial zoning, they feel this operation is in compliance with the rules and regulations. The operation is a 24-hour operation, but it is one of the cleanest truck ooera- tions in the Twin Cities. The buildinq was only 60 ft. wide and functions by tak�ng the products out of one truck and putting then into another truck--the main reasor why the building was so long and narrow. Mr. Pink stated the site will be enclosed by a screened fence and ber� ed w;th adpquate landscaping wh�ch will make the b��ildinv ooerat�on invisible to sur- rounding roads and properties. So, there was some question in their mind over the requirernent for the building facade. Mr. Pink stated the costs conCerning improvement of 81st Ave. are a qreat concern. The City was to have built a 9-ton road, and they are requesting a 10-ton road. At this time, the 9-ton doesn't even work and it would have to be repaired, so they are waiting for the City's response about the road. Mr. Pink stated some of the stipulations worded to h;m were stronger than those stated at the meeting by Mr. Robinson� and he would like to have those resolved. One stipulation was the landscaping and the other was the lighting. The stipu- l�ion given to h�m was that the lights be installed on 30 ft, poles, anri the stipu'ation stated at the meeting was "exterior lighting w�ll not cast liqht beyond the fence perimeter". If the requirement was to cut the lighting off at the property line and eliminate the 30 ft. pole reauirement� then there was no problem, but limiting them to 30 ft, poles was a niqhtmare. Mr. Pink explained the drainage plan to the Corm�ission, stat=ng that a large ponding area was pr000sed for the east end of the site. Mr, Weltan expressed concern about the environmental ir�pact on the drainage system from oil spills, etc. TE PLANNI;iG COMMISSION MEETiNG, SEPTEMBER 11 , 1985 PAGE 11 Mr. Pink stated this was addressed in their drainage plan. At the five control points, there will be weirs and separators for run-off that comes from the property. Those separators are in compliance with Rice Creek Watershed District standards and are approved by the Fire Marshall. so the drainage should be very well controlled. Mr. Wellan asked Mr. Vanasse if he would be able to control all of his truckers to take University Ave. to 81st Ave. Mr. Vanasse stated he wanted to point out that a majority of the trucks are not ten-ton trucks. The only ten-ton trucks are the ones ti�at come from over-the- road. All of the city trucks are nine-ton trucks, and those trucks are the majority. The only trucks they need to be concerned about are the over-the- road trucks, and they will come down University to 81st. These trucks do not go anywhere but to the terminal and then back out on the road. Mr. Rob�nson stated he wanted to make it clear that just deal with the nine and ten-ton difference, but 81st and University unless there is a delivery to a City does not want truck traffic on any of the other Mr. Michaels stated that was their intent. the intention was not to that all the trucks use company in the area. The roads. Mr. Vanasse stated he would like to address a couple of stipulations. He stated that in stipulation #1 there was a drainage and road improve+�ent assessment of $292,000 r�inimur�. When the seller of the property, Mi�iwest Federal, offered to sell the property, they stipulated that the City had a nine-t.on graded road in front of the pro�erty. In r�eetings with Staff, it was his understanding that the petitioners would be responsible for the incremental difference in the cost of upgrading the road from nine-ton to ten-ton to accornr�odate the over•the-road trucks and line trucks that will cume in from out of �tate. He had no idea that 52�2,000 resembled that incremental difference. He stated they are certainly a�illing to pay their appropriate share, but he did not think they were in any position at this meeting to consider a 5292,000 assessment against 16-17 acres. He felt this should be up to the assessor, the city, and the lawyers to dec?de. He stated he even questioned whether 81st Ave. was even a nine-ton road. Ms. Schnabel suggested that they delete the dollar ar�ount in stipulation �l. Mr. Vanasse stated that stipulation �5 regarding the fact that the Company agrees to not allow truck traffic on East River Road seemed to imply that A.N.R.Garrett would be responsibie for policing that, and he did not think they could agree to that either. They would certainly make their best effort to instruct their drivers not to drive in other areas and would post appropriate signs. Ms. Schnabel stated she was still a little concerned about what happens with all the water, the underground waters, and drainage off the asphalt, etc. Ms. Gabel stated she wondered if the Parks & Recreation Comnission shouldn't be reviewing this proposal in terms of North Park. Maybe they should have an 7F PLI1Nfr'I1�G CON1r1ISSI0N MEETING� SEPTEMBER 11 � 1985 PAGE 12 environmental impact study done in terms of the number of trucks, air pollution, noise pollution, traffic, and the impact on the general cnvironment, Maybe Community Development Comnission should also be looking at this proc�osal, They are looking at something that is totally new to this area, and they are talking about putting a minimum of 90 trucks out on University plus many employees. In talking about the water, her biggest concern was North Park and the impact this facility might have o� North Park. She was not corrfortable not knowing these impacts. Mr. Vanasse stated all the water from their property will eventually drain into the existing drainage system and none of it will go onto parkland. A run-off engineering plan has been done, and all the water is controlled and is exitina either through an existing storm sewer to the river or it goes to the existin� drainage easement which also goes to the river, The�e are pollution control basins wherever the water exits and also a volume control weir. None of their water goes anywhere except through the system of pollution control and on to the river, They do not have any impact as far as water any more than there is right now. They �re, in fact, providing a control system that says the water will not drain off the property any faster than it does now and will go throuah a catch basi� system thdt will purify it and control the rate it runs off, Mr, Vanasse stated that traffic-wise, he has yet to see more than two trucks at the truck terminal at any given time, and he is there everv dav. These trucks are distributed over a 24-hour period. Most of the traffic is during off-peak hours. They will not see peak-hour trdffic coming in and aut of truck terminals. M►•. Ed Michaels stated that most of the over-the-road units come in between 9 r.m, and 6 a.m. Mr, Kondrick stated he agreed with t�ls. Gabel, but his greatest cancern was about the water. If he could be assured that the water dr•ainage yrould be controlled adequately, he would be comfortable with that. But, as he did not know enough about it, he would like to see an environmental worksheet done. Mr, Vanasse stated the water drain?�ge will be controlled adequately, and they have done an engineering study and engineeri�,g drainage plan that says that. He stated the City should have a copy of the study and the plan. Mr. Pink stated that by city code or Rice Creek Watershed District code or anybody, the final requirement is that the water cannot leave the site any faster than the existing condition, so the run-off will be controlled by a control structure. Because of berms around the property, they essentially have a dike, so he did not understand the Cor�mission's worry about run-off. If they are concerned about underground flow, they would not be affecting the under- ground flow because they are working on the surface. Mr. Kondrick stated he would be satisfied with a stip�lation that there be an approved drainage plan by the City. Mr, Minton stated noise, air pollution, and traffic were broader probler�s that went beyond this particular proje�t. PLA��NI�IG COM"!ISSION MEETING, SEPTEMBER 11, 1985 PAGE 13 Ms. Schnabel stated that because the project is in an i�dustriat area, the impact of noise, air pollution and traffic is not as great. MOTIJti BY MR. KOhDRICK, SECONDED B�' MR. SAEa, TO C�SE TNE PUBLIC HEAR:.':�. UPO.'� A VOIC£ VOT£, ALL VOTING AYE, CXAIRWOMA.'� SCHtiABEL DECLARED THE P('BLIC HEARItiG CLOS£D AT 11:12 P.M. MO.TIO:ti B}' MP.. KOhDRICK, SECO:tiDED BY MR. SABA, TU RECO"f.MEND TC CITl' COU.`:CII. APPR�VAL OF PP.E:.IMIICnR:' PLAT, P.S, k85-O5� MIDWEST ADDITION� BY LE01'FJ2D N. VA?:ASSE, BEI.':G A PLAT OF TNE SOL'TNEAS?' Qi.'ARTER, EXC£P.T TNF hOR:'H 233 FEET OF THE l� OR i NEr+.ST Y:: �'+R: ER OF SECTIO!� 3� T- 30 � R-24. GEti ERA.',LY LOCAT£P BE:�'EE.'� HICKGR}" STA.E'_':' A.yD MA:.': STRrET, NORTH OF 6:ST AVEVC'�' N.E. , ALL OF W'?ICH, EXCEPT T'?E N�RTH 670.00 FEET TNERECF, TO BE USFP AS A SITE FOP. A TRC'Ct� TFA.tiSFER TER+'I'::,:. FAC;:.IT}', WI:':? THE FO:.!Ak'I!�G STIP�L,�TIG::S: I, PET::iG�'ERS AGRE£ TG DA.M:NA�E A'�D ROi,D IMPR��'E!ME:ti:' ASSESS"!':�'�. 2, PETi i'IONEFcS AGREE TO WORK W7T�: S�'AFF TO ACC�!!FLISN. A': A�CEF'AAL£ � Ir',ti'DS�AFE P:.Fiti. , 3, PETi i iOtiEA.S AGA.£E TO W�P.t' WITu gT,�rr nJ ��CO!NFLIS!.' Ati A�:.EF:'RB: E' FACACr PI.A.':. 4. A PAA. ±' FE£ ''CR A'; A�!:):'.'; -' £;7:.'n � TC . 07 3 X:'O"'n L S� :'l+R �' FOO''AGE C'F PL;'' T^ BE Pi,IP CPO:: .►i PR.;L'AL. 5. CO"!=:+.': }' A�P.E£S TO �ti0: A�:,Jk' A.�Y TRC'CK TRRFFI� , E?c�EP? TO CLIEtiT� , 0.'� E��'." RIl'£F RCnP. f'iF'r'aJPP.IAT£ EXI:' SIv.':� h'I'.'. BE Iti; Ti�I.LE.^ DIR.r:T..._ TA..'�F:F TO l�.`:I:'£RS.TT}' A:'E.''�'E. i�I:r�� +"�T�'R:EI' ?C� DRnF: i, DEI�':�.P!'!F..'�. A_:Frrur�,. ;� BE RE�QFDED AT T'r.'F. CO!:ti'T}' FOR TNE E:':'JF'�F- M,E.': _ Or TN.: S RE: :'A.i �: i D.': .) r. EJi:FF:�.° LiGN:'.::� W.LL :ti�?' CAS: A LIGN.:' BE}'OtiD TN.F FF..':�E PEF7INE"F.k. 7. TH£R£ W_'LL. B£ At: I.PPRO:'ED DRi+ISA:,E PLA.4' B}' :'?F. CIT}'. i.'P�.': A l'CIi.� V^TE� Si..'!':n8£L� KOti'JRiCF'� SABA� W£L_'A.`: � A!:.'%TCM1 VOTItiG A}'E� GABEL V:':'..ti'�• 1n�'� CF.'A:RWD�•'AS SCH.`:�iB£.'.. DEC�A.4ED TNE M'J:'IO.ti CARP.IED B}' A`✓OTE OF S-:. Ms. Schnabel stated this item would go to City Co::ncil on Oct. 21. 4. RECEIVE AUG� 1, 1985, HUMA!� RESOURCES COMMISSION MINUTES: .M�'.O`' B�' MF.. N.:'. ti, S£�OA�£D B:' M� . GA9£�, TO RECEI:'£ TN.E AUGuS"' 1, :92� , H; :�'.=.:: R£SJ� RCES CD . SSIO:: MI:� : T£S. UPO': A VDICE VCTE, . ALL '"IS� AYE, CHAIA.WG:"i,.': SCNti�'.BE� DECLAP.ED THE MG:': �.': CARFIED L*tiFi:�IMJL'jil•. 5. RECEIVE AUGUST 13, 1985,_ APPE COMMISSION MINUTES: lNOTIOtiBI' MS. GABEL, SECO:�DED BY M.R. APPEni..,� COFL�!ISSIOti Mi:::;:ES. UPO:� A VOICE VOT£, ALL VOTING AYE, CHAI CARR:£D Utin!�'�MO�S.'.,Y. , TG RECEIVE THE AUGUST 13, 1985, SCN. ti ABE'. DECLAF?ED THE N. ��'I �.': i 7G _ �' ,_; - � � _ � `4 r;, f � � _j � � r3 � ` �F' S. #�- %--__ . . _ �'� ? �''1 � , �� ( 1� . - 3 � 3 � - � -' � '' .,,,3 � f.., Idi,dr6e s t A i . � .-� � � :—� _ .-� �-= .� �'��,� �� ` , , � ,.� ,3 � � ' � �e�onard��rja . � , � �-\ (� ��'�. r ` � , ,`� � C , J " � �'� � � . � `v � � �1' � � ,� '~y N/ � J , � � / �� . � ^' � .� ,w r , �Tr � � .�1 � i ` � � . ) • �, (w � � . \ I � � [T� ) .� ` 1 t� • _+ , �,.z - J � `�„^�i:�l ' �' HI►Rf(:: �' � � �-� a r �� , ,,.� �7 ` _ � , . . -✓ f'-. � k.-' .+,. • 1 ; � � .� � . .r 5�•. �� ; ' - � ) ✓ � � � � � ! � € � `• � �'' _ . � ' t." - l� �+ �`- ..� 'ti � /��7 � f�%y {''� - � �� • L- �I ` ..i r , .�J �` �f •�� ,,,,i l' �v ~• ► � � � ' �`� �`� .., V.J . � !� � � �. � � •s '-� �- '`; = � ' � � ,r � � �� -_ `�''� E,� �� / /L�, ` i•.1- ^'r i . � ' i '� (' W : .._ s - �, � ; ,� y` G, e �.• ��. `�- � ..r� '� :..� .,� % , �^� '�r '_.i \.. "' .`. _� I} _ , , .� � '••• ) � � �, ` �1 � � ..� � � �' � � _� � � il f~ � Lr �•� ' . '�, . '1y�r '' .� ,y � � � `� ,�r � �1 r ' i _ , � !' ' . J• , _\ ' f � l, `� f _ � '^, �/ � � � 1� � � 1 �>. �, � �' -_ �t ., „ t � ` i .. ' � ^. � • ' : �.rv� f � � � � � 4 • ,� i� " � . L' �' � < yi " --, .. f-•r f" ^, ! ` . . � J �� . �. „ •' ' `'_ � � ,� .+`-�, � '°i .� .� � ,r,,, ' ;. V �i r; �•' ; .� %_, `.� � ,-a . j.^ � � _� +� r , � . 1- f .� f �' �'� � j� � � "� � � ,� � ",� Y.,, tn � � /� - ~; ' �'i .. `►3 y ' � �i.� y�� , � //! 3"' � - ti �� '•� Y� /�� '' d 3 R G L - �3 ; � ,.: �.,; ... � .r , . �, � . , 67 � "�" � / ' r' . �J � �� ' � , / J �" � � � � �6 � Q � 3 ' ,,� '� : � � / °L � . - . . �f l�� ; � �� : 1 • , ► � � � � . � � � - . • . � _�. • • • T •i. •�� . J. • • • � � • • • � • � •�`\ • � • • • • • • • • � 't � �• • r • . • . • • • • • • • • • • , • •C• • • • • • . ♦ . . . �• ti . •�� . • • • � •� ��•.•fyE�t��.�.'r y�.�. �� . ., .,•,•, . -�•.•.•. .•.�. -,, . a. ��i. _ . . . _ . 1� � •.. .. _.. . ,a _ e a nv[ H E � � � j� %,/ /•� ;� �� . %; � ��% ��/: /;� j / % i� 0 a 0 � � � 4r 4s2 � N � L a _ � _ Y Z � � F- w �- H � i � ' �} s - = 1 � :�i:i� � j � � � ! � � . � ! • ' ` i = i ' i ' _ _ � � ! � { � :� . � _ �� ' i 31; � �, ; I •� � � S l �:' + • ', : : �� T � � 1 �� j .� � _� i. _;,��; 't_ t ��f i � f � i ; �j I�it i�;�: ;� i ',, j + �. � ,: ' �!i ' 1 � � :_ �� ; i �.: .:i-� :;_ _ w: 3= � � !� , �i � �? I� �'' I3'�i _ ' .�3 �a` j 1 � i = -, ! : = t • � E j ` ! ,- : 1 t. � � = ; ( ; ,i: � i ��- = 5? * ' j; ! / � � `� = r! i i � i : :: : i I;� � = �' # _ �� i :_ � F ( gi :i sijlF :' � 3� !j '� ,� ! 3 � i. ' 1' ! i i' : : i'e . � �� t� .t=� ' _ � Y _? 2 ' � � f i� ,' �� ! :� � :�� i i ( . �.. � l; �; ' � �� ts ; �l '- � ;: ; , j 3E �� -' � ,�iT�� I _L _ � �i ° � I ;i i_;�i # �% �� ei jl !3 i � -- S - = _ '` �� : � �j i% q '� : �� ;:3:i -- _ if _ i% �~� �= i} � �. � �s f� i.` = 3: � I � C : .� �ii i � � �? � i '� j":zi 3; ? ?; c A ! s �+ ;� $ . r� i-:it i� � :_ � s � �- �� ; .t � 7�-�= a 1 i� �� - � , `� _� 2� �9',i" � i. i3. l I � I �: ii _i i c -�.iis . ?! . ��! � • � ��l . — — ----� :; � � �� ' 11^_ �� _� 1_ 1�:{I) �1��1•��.oi � 1!,: + s d� N l_ _ 't��tr—.. �.�c.a.f: ! � +��:. coKC � � I ' ' _ "._"__`_"�' _'_' ' _'"_"'".�F. R O� ' � 1 — -- I ��: .— ` � � � � . � ► „ I . Z < i : ; i .. _ ....,,�- .. _... . , � . ; p � � � �� :_ � �' � � � , °; p �) � _ � e` : 7� ; ? i_ w � �E Q ;I j a.a ; y � w • i�. , � + +` �_��} O •I ; j � - � S � _� I� r � : � . Z . �i `. ;� ' �� , } � � ;� ' ; � � � � _ � . � � �e . � . �� a � o � � � i °•� � � . U 1 � � �"� � � ; I ' � • �� 4�k ; a 1� I �____._..l�is--J:�.�� _.. ____._ . .. ..M(M.�....._�___I._� � .___ ��u�s �1��)IN = � , a � t- -- ' ------- ;i�„S ..«a.._�o».a. .�:;�:4 . ., .. , _ _J _ — --�iri: e==_- � � � c�: � �s : � �3� I�� s }i� d.. � � 71 � � MEMO T0: John Flora, Public Works Direetor MEMO FROM: Jim Robinson, Planning Coordinator � F�MO DATE: October 31, 1985 RDGARDING: Oak River Estates Final Plat Approval The following is a reeap of the remaining stipulations and issues whieh aeed to be addressed with the Final Plat approval for Oak River Estates, which is a November 4, 1985 agenda item. _ , . 1. Road easement over the southeast corner of 7501 Alden Way granated to the City prior to final Plat approval. �Status: Uncompleted. 2. Petitioner agree to Assessments for all street and utilities. Status: Pet�ition received. 3. In order to help the homeawners maintain the boulevard on the south side of the proposed 76th Avenue� the petitioner will construct gates in the existing fences of lots south of 76th Avenue by 6J1/86. Status: Developer has agreed to this. He will need to coordinate this With the appropriate owners and obtain written permission. 4. All structures including the existing house on Lot 4 to be removed with the development. Status• The Planning Commission has recommended removal of all existing structures including the house on Lot 4 because of its dilapidated condition, lack of sewer, water and garage. Setback variances were also an issue. If Council approves maintaining the existing house the following new stipulations should be added: �1A. [Ne�r Stipulation] All existing structures except the house on Lot 4 to be removed as the property develops. . 4B. [Ne�r Stipulation] Improve existing house on Lot 4 by adding an attached double garage with hard surface drivexay by Jurie 1, 1986. 4C. [Ne�► Stipulatioa] Provide hook-up to seWer and water by June 1, 1986. 8A John Flora October 31, 1985 Page 2 Note setbaek variances associated with mai ntaining existing house: If the existing house is maintained and an attached garage is added on the south (as proposed by developer) then the nex Pront yard setback would be 75 feet. Variances �►hich would have to be approved with the Plat inelude; a rear yard variance on Lot 4 and front yard variances for Lot 3 and Lot 5. The front yard variances are ttecessary because our Code requires we apply an average, plus or minus 6 Peet, when nex homes are to be built adjacent to existing structures which are set back more than the required front yard setback. The developer has stated the neW homes (except those on the cul-de- sac, Lots 6, 7 and 8) would all be set back 45 feet from the R.O.W. Using the averaging technique, Lot '� front y,�rd varies from 5b feet to 45 feet while L•�t S fro t Y�rd varies from 49 feet to 45 feet. The existing house on Lot 4 reauires a rear y�rd variance from u0 feet to 2� feet. 5. Petitioner to provide 200 feet scale Plat dras�ring for records. Status• Uncompleted. 6. Petitioner to work out a drainage plan. Status: A drainage system has been planned. 7. Petitioner Will attempt to salvage as many trees as is reasonably po s si bl e. Status: Honor system. 8. [New Stipulation] Fee oxner to execute the attached street bikeway/walkway easement for the 15 feet along East River Road. 9. [New StipulationJ Provide the City with a letter oP credit in the amount of $15, 000 to ensure completion of stipulations 3, �A, uB and �IC. .� - .� It would be appropriate for Council to approve the final Plat with the outlined variances (if Lot 4 house to remain) and stipulations. Execution oP the �ylar should be delayed until stipulations 1, 5, 8 and 9 are completed. i - i-�i^,� ,�i 8 v PLAr��:��G L��r�ISSIOr� MEETING, SEPTEMBER 11, 1985 PAGE 2 Mr. Herbe Lennox stated he did plan to use the structure as a garage for cars, a boa snowmobile and trailer, etc. He did plan on putting a concrete driveway to e structure. Ms. Schnabel as' in the proposed Mr. Lennox stated Mr. Lennox if he planned to do any type of home occuoation ructure. di d not. M�_TIO.ti BY MR. SABA, SE�OtiDED BY MS. GABEL, TO C:ASE TH£ P.'BLIC HEARItiG. UPC�.': A VDICE VCTE, RLL V .NG A:'E, CHAiRtti�.7�!F,.': S�N•tiA9E:. DECLARx'� TN.E F:'8::� XE�B:M1'G CLOS�� AT 7:45 P... M^�';,:ti B}' MA.. SABA, SECOM1D.�,D l' M.R. WELLW: , TD RF.CD!!.�� `:: TO CI �}' CO.'�'.:. L AFcR;;:'nL OF SPECiA: L'SE PER�!.'. SP MES-:0� B}' XEP.B£A.° L£ti.1'pX II� PER S£.'.'I✓.ti' 20 �.07.1 � C, 1� OF TN£ FA.IDLEY T5' CCDE TO A:IAIi TN�' COtiS.TR:': :':OS OF �l SE�y; ^ AC�ESS�R}' BI'ZLDi."�G, A 24 . , BY 30 F='. DETALHF.� GnR.r:,F D.': LC'T 4, BL�C±' 2� SPA.I':G VAL.'.E}'� TH£ SA�!£ '�'G 1461 RICE CR£EF' R.;A� 1'.F. � WI"'?i "'HF S:'_'F:'.'.A='.TO.4' T!r.�;T A H.ri.R✓ SI,'RFACE DR:. ki,�' B£ Iti'STAL�Er :� Ti?F ti't'.i: S'R"�".'. i:r. L'P�': A�'OIC£ V� :'E, A:.L VOTING A1'E, C'r.'A'�?k'�"!:,.': SCNSAB£L DECLAFF:' TfrF. ,►�,�-: _,. CA.DR_£D Uti�,`;,M�:.'SLY. � Ms. Schnabel stated this would go to City�Council on Oct. 7. 2. PUBLIC HEARING: COr�SIDERATION OF A PRELIMIrsARY PLA7� P.S. �85-04� pA� RI��E? h S, �J � 3��: e�ng a rep a� o ots and 41, Rev;sed Auditor's Subdivis�on No. 77, Anoka County, Minnesota, except that part replatted as Niemann Addition, the same being 7560 East River Road. M..`'.''I�S Bl' M.�. G,r.bE:., SECG:�'�ED BY MA.. WE:.LA::, TO OPE.': ?"NE PUBLIC N.EAP.I.':� i�.': P.�. +�B�-04. LrP�"": A t'OIC£ VOT£� RL.'.. VOTi��v A�'Ei CN.AIRh'0:�!n:: SCKtiAS''� DECLFiP.E.r, THE PC'3L:C NE:,R::�'G OPE1' A�' 7:4: P.M. Mr. Robinson stated the proposed plat was just west of East R;ver Road and north of existing 75th Way. It involved 8 lots and the land area was aoproxir�a*ely 3 acres, approximately 2.3 acres of that being platted into new lots. The zoning was single family as were all the properties in the immediate ne�ghborhood. Mr, Robinson stated the proposal was to split the parcels into 8 lots. 7 lots will be used for new homes and Lot 4 with an existing house on it wi11 remair,. .All the lots exceed the required lot area of 9,000 sq. ft. The smallest lot was 9,525 sq, ft, and the lots ranged from that uo to over 16,000 sq. ft. All the lots were 75 ft, or more at the setback wf�ich was req��ired by code. The road right-of-way was 50 ft. wide and this would provide a 36 ft. wide street, SC PLAN!+I'�� COMMISSION MEETING, SEPTEMBER 11, 1985 PAGE 3 with a 7 ft, wide green boulevard on each side of the street. The street was approximately 510 ft, long. This was less than the maximum allowable street length on a dead-end street which is 60Q ft.; however, the cul-de-sac was less than full width and it did have a 75 ft. diameter. The full width req��irement was 100 ft.; hawever this requirement could be waived if conditions made it difficult to make it 100 ft. • Mr. Robinson stated all the u*_ilities are available to the lots off Alden Way. The petitioner has shown on his plat the easement so the water line can be looped off Alden Way t� the existing lot on East River Road. Mr. Robinson stated the park fee agreement for these 8 lots has been signed-- 51,500/lot or a total of S12,000. Most of the mature trees on the site w�ll remain. Sales of the homes are slated for around 5125��00� with the exception of the home on Lot 4� which was perhaps in the 570.000 range. Mr. �obinson stated Staff was recocimending the followinq stipulations: _ 1. Road easement over the southeast corner of 7501 Alden Way to be granted to the City pr:or to final plat apnroval. 2. Petitioner agree to assessments for all street and utilities. 3. Boulevard on the south of new 16th Avenue to be maintained by resicJents of Oak Rfver Estates Plat. 4, Al1 structures except the existing house on Lot 4 to be rer�oved w�th the develop^�ent. 5. Petitioner to provide 200 ft, scale plat drawinq for record�nq purposes. 6. Rear yard var�ance on Lot 4 frnm 40 ft, to approximately 23 ft. contingent upon approval w�th final plat. 7. Petitioner to provide a double garage with hard surface dr�veway to existing house on Lot 4 prior to sale of said real estate. 8. Petitioner ta work out an approved drainaae plan w;th Engineerinq staff. Mr. Minton stated that regarding stipulation �#3, he questioned how that was � going to be enforced. � Mr. Robinson stated he did not know. but there would probably have to be sor�e wording in the purchase agreement at the time of the sale. Staff could consult with the City Attorney on how this could be worded. Ms. Gabel �tated she felt it was more logical fo deed that property to the present I�omeowners south of 75th and F�ave th� maintain it. _ Mr. Wellan agreed. It seer�ed more appropriate if the people to the south of the proposed 76th Ave, were agreeable to doing it. Mr. Dou; Peterson stated they had the sar�e problem witF� what to do with the easement to the south. .'� 8D P�AN',IN, CO"!""ISSION MEETING; SEPTEMBER 11, 1985 PAG� 4 Mr. Doug Peterson stated he had considered putting a street through the middle of the project which would have provided more lots. but the lots would have been quite ugly. He stated he was open to sugaestions f ror� the Planning Conr��ssjon and the people in the audience. He stated he did plan to save as many trees as possible for shade and screening, Ms. Schnabel stated that regarding the road eas�ent and the property at 7501 Alden Way, was Mr. Peterson purchasing the corner of that property from the owners? Mr. Peterson stated he has talked to Mr. 6 Mrs.Lind and they are trvino to put sor�ething together as an eas�ent. Mr. Doug Peterson stated he intends to re�ove all the bu�ldin�� •.�hich are mostly sheds on the property, except the house on Lot 4. Mr. Wellan stated he was concerned as to how that older existing house would fit into a new neighborhood with new houses. Mr. Doug Peterson stated the house does not f:t in now, but it was in pretty sound shape. It was not ec�no�ically feasible to either move it or tear it down. The house is a 2 bedroo^' expansion built in the 1950's with a finished basement. Mr, Phil Lind, 7501 Alder, Way, stated that Mr. Rob�nson had stated the road right-of-w��• was 50 ft. wide t0 prCv;de for a 36 ft, wide stree:. He quest�oned the need for a 36 ft, wide street when Alden Way is only a 30 ft, wide street. He state� Alden Wav has 10-20 tir�es the amount of traffic on it than the pro�ose� 76th Ave, ever will. By getting a variance and �akino 76th Ave, a 30 ft, street. he might have to lose that frontage on h's property wh�ch was very important to hir^. He felt a proposal for a 30 ft, street was well worth considerii�g for two reasons: (1) the safety standpoint. It is a busy Corner and it 15' 3 �lind corner in one direction; (2) If they took the whole easer�ent away and made that a street. he would have mounds of snow in h;s dr�veway. As it is, he and his neighbor have two driveways back to back, and it would be a real hardsh�p w�th the additional snow. Mr, �ind stated he real�zed that Alden Way, at the po�nt where the prOp�s?ci 76th Ave, would ente�, was wid�r, but other than that. Alden Way was a 3C ft. wide street, and parking was allowed right now on both sides. Mr. Robinson stated the standard residential street is 36 ft. Ms. Schnabel stated that on a 36 ft. street, norrrally there is parking on both sides� but in th;s instance chances are there wouldn't be and the cars would probably be only on the north side of the street where the houses would be, so it was possible a narrower street would work. Mr. Robinson stated the Engineering Dept, was in the process of des�gn�ng the street, and the possibility of a 30 ft. street could be brought to the�r atten:ion. 8E PI.�N'�I�:G CO"ti""?SSI(1�� MEETING, SEPTEMBER 11, 1985 PAGE 5 Mr. Lind stated he would like to see the proposed 76th Ave. come out and turn to the south so it meets the curve at a 90° angle. Ms. Schnabel thanked Mr. Lind for his concerns and comments and stated these would be passed on to the E�gineering Dept. Mr. Ralph Petersen,116 Rickard Rd.. stated he lived on the north side of the prpposed replat. He stated he wauld like to raise an issue concerning the situation with the street and that was that fror� the existinq Alden Wav to the existing ground level, there was probably a difference in elevation uf 10 ft, in a relatively short distance. In order to regrade t�e pro�erty for a new street at this point, that was going to cut into the torner of Mr. Lind's property 5ub5tantially. Mr. Robinson stated that what Mr. PetersPn said was true, there would be so�e regrading of Mr. Pete�sen's ya+�d to build t`�e stree:. Mr. Lind stated this was another concern of his. Mr, Ralph Petersen stated there were sone fair sized trees that wo�id have to be taken out in order to do the req►•jding. Probably a tree in Mr, Lind's front yard would have to be taken down also. Nis prir��ary concern was that he has lived there for a nur�ber of years next to this beautiful property with only one house o� it. There are so�e beautiful trees. and he feared that even thouah the developer has good intentions, froR see��g the plat des�an, he felt they were going to lose more trees than w3s desirecl in this locat;on, The trees ran;,e in aae fror� 10-15 years to 60-8^ years. so it was indeed a well mature� lot. Tr,ere was a grove of pine trees, 20-25 years old. 1n tl�e pro��Sed cul-de- sac tha� w�uld have to be rerroved. Mr. Ral�h Petersen stated that beinc a res�dent of the area, if this prorertv is develo�ed, he would like to see it develo�ed w;th an investment that w�uld ma'nta�n the integrity o� the lot itself and the surroundina neighborhood. One suagest�on r;?ght be a replat with fewer lots. There are 7 lots �ro�osed alon� the north side o; the plat, and there are only 6 lots on the proflerty adjoininc the back of the property, so the lots proposed are 5o�ewhat narrower than the ones that exist in the ne;ghborhood. Mr. Ralph Petersen stated he was not sure of the setbacks in the rest of th� neighborhood, but his setback fror� the curb a�aeared to be about 50 ft. Regarding the proposal to leave the existing house on Lot 4, he would re:�^�°erd against it. He had some experience in carpentry� and he felt the house was not in very good condition. It wr_s relatively small and the style of the house did not fit in with the neighborhood. The house is not hooked up to c�ty water and sewer� and the septic system was just redone last year. This raise� the question: Who will take out the existing well and sept:c tank? Mr. Ralph Petersen stated he would like to see a concerted effort R,ade ;n maintaining the aesthetics of the property. Aesthetics freauer,;'y co�`l�ct , with economics, but he thought the value of that property was very inpOrtdr�'_. ��..�w � P�ANtrING COMMISSION MEETING, SEPTEMBER 11, 1985 PAGE 5 Mr. Robert Duebek, 108 Rickard Rd., stated he was in concurrence with what Mr. Petersen had said about the trees. He stated there are many birds and wildlife in the area which they love very much. Losing a lot of trees would really ruin their enjo;ment of nature. He stated the trees were his main concern�and he would suggest that a stipulation be that the only trees removed in the development be those trees that are in the line of construction. Ms. Schnabel stated that if the property was developed and the street wps constructed as proposed, regarding the maintenance of the 7 ft. green area which would be on the south side of 76th, would the property owners of the property adjoining that 7 ft, boulevard be willing to maintain the property? Mr. Crear�er, 55 - 75th Way, stated he would be willing to maintain it. He stated that currently he has to r�aintain it most of the time anyway. He stated he has no back fence so there would be no problem, but it would be more of a problem for the property owners whose back yards are fenced. Mr. Bill Witkowski� 100 Rickard Rd., stated that the hor�es in the area are predor�inately single story ramblers. Ne asked if Mr. Dou� Peterson was con- sidering building homes with multiple levels. Mr. Doug peterson stated that most of the hor�es would �robably be 1'� story with split foyers. Mr, Witkowski stated he felt a little uneasy w;th sinvle family housinq all around and then have a bunch of two story houses in their back yards. He just did not think it would look good with the houses in the area. Ms. Schnabel stated that was a good pnint, but the Zoning Code does per�it two story homes to be bu'lt. Mr. Ralph Petersen stated that ab�ut the middle of proposed Lot 5 and Lot 6, there was an ex�sting driveway that cor�es in fror� East River Road. That had an elevation of almost 3�4 ft. at the boundarv of Lots 5 and 6, There was a cluster of trees on the north side. He stated that was probably the lor� spot in the area and in the spring when it thaws, there was a fairly large pool of water that cou�d extend all the wav from the driveway to the north lot line. In the process of digging and distributing dirt and regrading, that will, of course,affect the trees, but what would hapDen to the low s�ot? He stated he was concerned because his back yard was an extension of that low spot and he did not want the water to go into his basement. Mr. Robinson stated that one of the stipulations on the replat was that�the petitioner must work out an approved drainage plan with Engineering staff. Mr. Jeffrey Bolz, 124 Rickard Rd., stated he lived beh�nd Lot 4. He stated h e felt that the lots were too long and not very w�de for the value of homes being proposed. He also felt the existing house on Lot 4 presented sone problems as far as setbacks. Mr. Robinson stated the existing house on Lot 4 could present sor�e probler�s as far as front yard setbacks for the new homes. 8G PLANhIi�; COM�IISSION MEETING, SEPTEMBER 11, 1985 PAGE 1 Mr. Dennis Ot'_em, 140 Ri�kard �d., stated he agreed with everything that has been said. He also felt that 5125,000 F�omes were not going to fit into a development with one old house. Mr, Minton stated he thought the major concern expressed was the saving of trees. Could Mr. Doug Peterson cortiment on that? Mr. Doug Peterson stated it was a beautiful lot, and he would atter�ot to save trees where�er possible. He stated they dig with a back hoe, as ooposed to a caterpillar, in order to save trees. Ms. Schnabel asked Mr. Peterson's feelings about reducing the number of lots f rom 8 to 1. Mr. Doug Peterson stated he did not see where that would be possible. Origi- nally, they started out with 11 lots. He stated these 8 lots all meet the city's requirements, in fact, exceed all the city's re�uirements. With special assessnents and land cost, the lots are getting close to 525-30�000, he stated it was cost prohibitive to move the existing house. His intention was to upgrade the house. Granted, it would not be a S�25,000 house. but they do feel these new homes will raise the value in the area. Mr. Peterson stated he would like the Planning Comm;ssion to approve the replat as presented. They have worked with City Staff to come up w�th the most feasible plan. M��'?^': B1' M�. GABEL, 5£�C^:DED BY A!F. KO*:�P.I�j', TG CLOSF TR£ P;.'BLIC NF.i,_=.'::. UPJti A VOICE 1'D:'£, A: L V0:'I:�G AYE, CNAIP.�:�!!1,:: SC�!.':ABr:. DE�:.APF.D T:iE P:'�:.: - HEAR:.tiG CLOS�D AT 9:IF P.". Ms. Gabel stated she r_ally felt the exis'.ing house on Lot 4 should be reroved. With the exception of that house ard having looked at a lot of plats over the years, she felt this was a reasonable plat. She s,yr�pathized with the concerns about keeping the trees and she would like to see the developer work at that. As far as the design of the houses, that was sor�ething the Cor�n�ssion had no control over. She felt the plat was reasonable, and she did think these new homes would enhance the neighborhood. Ms. Schnabel stated she felt leaving the house on Lot 4 would have a negative impact on the development. She also felt they should address Mr. Lin�t's concerns. Mr. Robinson stated that since Mr. Lind has a direct �oncern it might be advisable for Mr. Lind to meet with Mark Bu�ch� Asst. Public Works Director, and work these things out. Ms. Schnabel stated she was still not comfortable with stipulation #3 that the boulevard on the south side of the new 76th Ave, be maintained by the residents of Oak River Estates Plat. Ta� PLANNING COMMISSION MEETI��G, SEPTEMBER 11, 1985 PAG4 8 ` Mr. RoSinson stated that if the property owners on the south were willinq to maintain the boulevard, perhaps the developer would be willing to install gates for those property owners who have back yard fences. Another property owner on 75th Way with property abutting the boulevard stated he would be willing to maintain the boulevard. He stated he does have a fence in his back yard. Ms. Schnabel stated they realize it is difficult for people who have lived in a neighborhood for a long time to see a piece of prooerty that is vacant q�, but they also know that land is very valuable; that they have decreased a�ounts of land available in Fridley for development. It certainly appa�••ed that in ter�s of a plat, it was a reasonable plat and that the develooer has made every effort to meet all code requirements. From that standpoint, the Planning Co�mission could not reject the plat. She thought it could be a nice area for the neighborhood. She felt confident that the homes would be of substantial quality, and she could not find any real negatives, other than the existing house on Lot 4, She felt strongly that the house should be removed. M.�::^': B}' M.R. M.:":TOti, SE��:CD£D BY M.R, KD:tiDRI,:t:, TO RFCO4.��S�EtiD TC CIT�' COi'.':=7L AFrR= :'nL OF PP,FLIM.:.4'AR}' PLAi � P.5. �BS-04 � OAF.' P.I:'ER £S:'A:''ES� B2' DOL'G PETGRS�.': � BE:.';;; A RE'P:.r1T OF LCTS CO A'tiD 4I, RE:'ISED A,'^::'GP.'S S'_'F�I:'IS.'0.': !t'0, 77, A':^f::, CD�'�;:'}', M.I.'�.'�£S�_''�, EX�Er° TNA:" Pr+A.: REPLA:'?'i� �+S tiIE"!:+.':.. A��:"'I^.'• THE �K"E' ., Br7.'::; 7500 EAST R: t'£R RDA�, A'I:'?: TH£ FOi ;Ok'I.':G ST:P;'.'1+TI0.'�S: 1. ROAL Ei+S£A!£:�:" O:'EP T!.'£ S:'�'?'NE�� COR':ER OF 7�0: A.'.D£.': h'n}' T_' PE' GRn.'::'P� TO TFi£ Ci :}' PA.I:�R :'0 FI.':n�. P:A' APPt?:::'i+:.. ?. P£:'I:IJ'�£R A�P.EE TO �5�"S.S?!£.':'S FOP A:.L S.TRb'£T I�.':� :'T:L.':"IE�. 3. I.': OP.�£R TC N.Ei.P TXE H�!!.'OF!ti'£RS .MAI'::AiS TN.E B✓:'.:.E:':,F.'� D!l TNE S�:':':.' S:Dr' OF THE PR�POSED 76-N AV£, � THE PETITIG::£k k':.'.L �O::S='A.;''�T G�:-:'.' I.ti' TN.£ FEti'�ES OF LOTS S'J�'�1: OF 76T!:' A:'E. THI+' FiP.r l+.'..?En✓:' FE::=£�'. 4. AI..L STR�'CT:.'R£S INCLUDI.tiG EXISTiSG NO''SE Oti �T 4 TO BE RE1�.'v�'EL G'I:'? TH� DE':'£:APA.'r;;T. 5. PE='I:'IJ�'£R TO PRv^�'�D£ 200 FT. SCA.'.E PLn:' DFv+h':ti;� FOP. P.E��RD::� P:'RF'J� £S . 6. P£T.'iD:C£R TO WORK O:.':' A:: At�PRO:'ED DRn: tiAG� P.'.A:: WITF. EtiG::tiPF.=..':� CTn='' . 7. PE'IiIOtiER WILL ATTEMPT TG SAL�'fiGr �..c A!Fi;Y TA.£ES AS PO:S:BLE I.': C0.'�.::,'!�'�:IOh WI:N. OPIICIO:'S OF C:TY STAfF. UPO: A VOICr l'OTE, ALL VOTI:�G AYE, CXAIRWOMA.ti SCNSABLL DECLAP.ED THE M��:': �': CARRI£D UICA'� IMOUSLY. Ms. Schnabel stated this would go to City Council on Oct. 21. _ 3. PUBLIC HEARIr�G: CONSIOE ON OF A PRELIMINARY PLAT, P.S. �85-05, MIDw�EST . .� � � . eing a rep at o e out eas quarter, exce�t the North 233 feet of the Northeast quarter of Section 3, 30, R-24. Generally located betweer, Hickory Street and Main Street, No h of 81st Avenue N,E., all of which, except the North 670.00 feet thereo to be used as a site for a truc� transfer Lerminal facility. �L�� `� .�� . y • �' -��f �:r'. � . y�, S � �� `�I $ �'� � � �^ ' _ ,J Iij , _ . - I . , . -_� � : •�, S 1 . , M , ' ``�• �! �4�r„ _ t _ {� ,f% 4 .. � . •t D 5 \ � � '' ,��.\'i' �L r°4 .� `- � �� . � � � :, ,� � � � e � � -0 .$ �� ,• .,�� ,'�e. � ��'.� . .�s� � � , _ ', .:�`''� `� '' ` „� t � � ,qR. � 1� � 6y~°� ::: •'`', �. �� ' p ,� ". r•� ,.�. ; .-s- � '� • ' �� « •� �� / s : •, �'' � � `o � r'S: ,� . ! yss Y. �� w � ' � ry "� _� � ✓r 1f3 �� . '� �� - {�' 4 ` . ;'� ', ►ZS ,� "'` �� h `11 ' . .t r�. � o . � � ,�► �z �, ,� CRAtG A �, t � . `" . *� �^� ��O � 17 - AA i 9 ��`' ��' I� ` •� ♦ % � 0 r/ 7vic �, . � ,1`� x ' B � � �. s / " ��Q . �' � ' \ t M � � / � „� , + . t, • �� O I� ! ` � . �+•�. p�' , �� /9> ! �. .. ; s.n � �'" ... r �s� _„\ �. ,:.� � ,� s i �r � j�► wj9: 3•� 2 � S�A � 1�Z5 ' ' I�'•�• . o o Gnd ' � , z � . g t� ,� . j � 10 �' '_� L, ��13 ISS 151 � �� - � ` s . ` �'1 \ ,� �� e' , � � t i �.• '` � . . %� RD p,p � �5 �,M,, ., o . � o� .� �� e � �� p�o =:� : \�1 �� M � �`,� � � � S _ `,,, .� ��c ��o � .1 , O � �,, _ ""� 1 b� A .� �\ r 1S4" � � O ,�� I 7 -E S ' • � � � � - ,s° p,�,� _ 3 S "`��. '156� 40 os 13 ,� 1 ��` •�jo `.. 4 , 41 `Cj�iO . o-�� kot„) , z' ` , �� a�v �,_ �..- , I 4 � �� P A f � � e,s� � 7 . `` ; �s , p ` 3 ' 0 � ° ��Q�CS e�' fi _ ' ' � �,. I� �,� � , ° � - �E. � : � _ --; - � . -� . �.-� ` �.'` ,� _K. p `, `os `;� _ , . � 6 q , � ,r o � 9 ' � lap) ' C,,� �s'� � �,, Vlp► I �� 4� r �t s � 5 0 � • �� -►'� ,�o�a� �,�- ,�� _ � •� . , NE `I'! Y � . . ia `_: ..� �.3 . �, A� � ^ �'►1� � � . (��''�) � _� ; : � �� 9 s t "'t50� Ct . � , • = � • '�f � O � Z� � , +I 7 � i � � ti�i _ , ,�, ; �. , _ 2 - � �b ' , ,1 _- �,,. , � `"'` • •, �� t . f • � ' 21 '` , ` � e � � # S ► , � 3� i �•�. - - . 3 �` ``S . �� •�,� � ; � �' \� : �/ + , � •�� 't " �.�rr — - � \ • i � :.__ , • ` �1''� G�, .,- ; . . � �� ``� \�,� �'' Q'� .� `oo� g 36 Z� ' � �• c` �: �' `'iO � e r.,�P� `.�O / I� D¢ '3 � 2 � � 2 +. � ` i. , �'�° � � s Q � T � ..i � y '' ! ��o '�� o �.` � 2 � ! + � � ,�a � N 3 � .� � 6 �:f�� , , O ,� Is : � �,• � o��,,� � �,,. � ; � ,, E,�,.,..�.,. S 7356 � �%� � � ' V `' �f � � l�F.u�i•�� n. � • / ,. d� � � Ic.� ✓s a'f,f�� t � [rw.w� ': --T+�-- - ' - /'ti � �� : l i 'If' / � : adl ` 0/� �' � � � _ � O . I �,.., 5 � GOVN'� ..f ..•^'' ,,,.±- - � . r' � . d,,�' � / �� .1 r � d �+ � ,� • \ r � �r'r i� \� � ' W �v � ` �"' L__ 1 � � J r -- �„ 1 d � -� �' 1 � W � � F - �, 4. i� � = t � ,l � � � � 1 W � > V �.i� Y O . #85-04 iver Estates Peterson �, � i 8J � . : i : - f � �_ � �Y. . . � a� ---s�. - - -- - - --- . • � _ a� Zvs----- � � � tR :� 7 !�.-�: ��:.:.�.�:� �,��C':�-]��u c"7-•.��--_, ! � �-J. . ,� �-' ,� !i; y 1!� . - - - T- e-r z T; j T Z ,�� I Y��) � ' � T / r_-I �iC� �'r ��'��C ��i �J��r3 �i.�T � � � ..._:►�.._.. � fl. [. 31N J�dM� �� { � J. ,_: � ( : ,,� , � ¢: ,< . � ' � � � �..... ,. � . �e'4�/- .F _ � � _ -- -�_L72p50--�— --- � __ ��'-- t ,(,�—`_1 t , t Rf ` 1 � / �` tl �J � � \ ��i' '� � \ � ! '' � �� 't - "�i� ��i` � � �.�' � ., � .._,,, ;� f .. 1, �'� ; ; 1 t- � � ' ` � '� ` � �� _ . `�- _ � � � , t/ ,. �� ,�. s a : z 3 - - L..._ � �� . _ ; '�: == a �.� � � N t.�� ,�r�' �` � ` _ - `- ��r ``� �; � g�'-'� � � '•'`; ': �= t : ` \l Y F • - :� � • g _ i : '- _ i ; �� '� ', Z - s -' • ro. � y�, 4 i� ^ x� ~ � � } t �S i�1- a� �� % �=>..g� i � .• x . . � � � , ; �,� � �, ; � �' � _4 �, ,� • D } Fz :; � s �• ,'�, � � `�� ' r , �� a s' I ��-- �3 � r � I w Rf :.� �--� I�i�• ,: �' . I� 5 ' �n �� • � � f.` � i � � � � C�t �s._ : �/ !� �: � _S ! i y- \ ,.: �. r . �� l• °_ �� ' `� • � � ^�'� '.' � ' � � � � �\ � ✓' i �' A C � �' _ ' �� t � �. ; . ; � � � t:�� _. �� aE � rn � Cr a i , ' L �. ' : ,�.;� ��• �'. ' ; �il ; � � . ' � z . �� _� r w \ � s R � � ; Z 1 S S' :-J,,� r x � `.�. ��,, � ; � s '� � , •• � , ,..� _ _ � � � _ A �"� . _ : �.-_ . � c . , � ;s � (i� � � � — �` � �i►, fs��,\ `, �� , � � -r ' 1 � � -� ` D.� - � �: . , _�..� .', �� `� � i'�' ► ` � � ` L +' / Y �t ° �. 1� � -1 r'�.> °,ko �� :� \�� ,��,} L*��,s �� rn r �� -'� � . '.. f"c € R V / `i� - ' � j� �i'_ f ;, �;, . �. �„� ; � , � � �� i, : � ,D I��-� � . � �» `;,.� `, :� ' j� „ . � u „ c � � A �= �' p - D �- �� F = C � i "� � v ----- - - i�� . � .... � SSR �� / � �_ �> --� -1 �' \ � / '�� ; � f � � �: .� � \ � f �� .� _ . ' \ �'• i t �. _ ; _ � �= - _-_:�'� _ � � � �?�t `_ ------ � i a :>--3 i� i-�•°�'=�;" . a ? :��_ . � ;�� sR� rf�. := 6666�e66 - -� �{ ��p ; ______ t d:f �#oj � R i: -------- • �� . �f�# s �� ;�= >�� . � ie �� : f � :3 �� : '� � � \ i� i;� : �� f\�!� • "�� \, � � � ,; • v r � . " \ �. � � / ��t � T• ' � • r-4 k �.� �� , [�� k � � � ° -��i `, � •., f � � i t� � �?� '•, � ` , : `�... .� \� � �v � /� /~ � / / v tr s .I � /� ° -.,s� .•�,,� *yN� / �' .,'' ,•-r yd15 .,, =�� ,\ , � � � ^ �ry,, •• o , '` D�d . ,„��., ;� // -`�\\' • 4,J . ��r /+�� - � w � 2 1�� u .0 � � • /'," � I 3 / �1��', , "� i� ' _ / rC� �, � ~ � " E��i� � PLANNIN� DIVISION � c�nroF 11/IF.MOR,ANDl.1M fRlDLEY 0 P1EM0 T0: John Flora, Public Works Director P1EP10 FR�t1: Jim Robinson, Planning Coordinator� "1EP9� DATi: October 28, 1985 REG"�R�It4G: Processing of October 15, 1985 Appeals Items As there were no forr�al agenda items scheduled for the October 23, 1985 Planning Commission, the meeting was cancelled. Prior to cancellation I conferred v�ith Pat Gabel and Virginia Schnabel regarding their feelings as to the processing of the October 15, 1985 Appeals minutes. The consensus was that the items should go on undelayed to City Council without Planning Commission review. The fact that no formal action is taken regarding Appeals items at Planning Commission meetings was cited. It would be appropriate for City Council to act on these items at their November 4, 1985 meeting. JR/dm P1-85-121 � 9A APPEALS�CQMMISSION MEETING, OCTOBER 15, 1985 PAGE 3 C Mr. Betz ld stated he was not sure the hardship as stated was very clearly defined, hat the petitioner was proposing would take up most of the existing ba yard; however, on this particular block. there are about ten hor�es that sh re what is one large corrmon back yard. He did not recall seeing any oth property like this in the city. When he looked at the property, he fel it would not be offensive to add on to the back of the house because the etitioner was clearly not enfringing upon anyone else's area. The closest use was pretty far away. Fror� that circumstance, the proposal was well wit in the code's intent. Because of the uniqueness of the lot, he would be in fa r of the variance as requested. Mr. Barna stated that if t e one neighbor most affected had no objection, and as Mr. Betzold had point ou this was a unique situation, he would have no objection to the variance. Mr. Plemel and Ms. Gabel stated e did not object to the variance request. MOTION BY MR. BBTZOLD, SECONDED BY . BARNA, TO APPROVE A VARIANCE REQUEST PURSUA1lT TO CHAPTER 205 OF THE FRIDLE CITY CODF. Tn REDUCE THE REAR YARD 5ETBACK FROM 32 FEET TO 14.70 FEET T1D A W TXE CONSTRUCTION OF A LIVING ARF.A ADDITION ON LOT 6, BLOCK 2, JULZ-ANN ADD ION, THE SAME 9EING 6211 RIVERVIEW TERRACE N.E. UPON A VOICE �/OTE, ALL VOTING AYE, CHAIRPERSOItf�GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. � 3. CONSIDERATION OF A VARIANCE REfIUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY 0 , , , eques y enn�s oo , en ay .., ri ey, n MOTION BY MR. PLEMEL, SECONDED BY MR. BETZOLD, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL '✓OTZNG AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:46 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 7571 Alden Way N.E. A. PUBLIC PURPOSE SERVEO BY REQUIRETIENT: Section 205.07.3D.1 requires a front yard with a depth of not less than thirty-five (35) feet. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right of way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor`s front yard. � APPEALS COMMISSIQN h1EETING, OCTOBER 15, 1985 PAGE 4 B. STATED HARDSHIP: °Permission needed because of family members handicap and security of business supplies." C. ADMINISTRATIVE STAFF REVIEW: A previous owner requested a similar variance in 1967 which was denied. That request was for a 13.2 foot setback from Alden Way. There is a 15 feot boulevard on Alden Way which would put the proposed garage approximately 23.5 feet from the curb. There is room for a detached garage on the east side of the house. This location would not be adjacent to the rear door of the existing house. Ms. Gabel stated that in the agenda was a copy of the public hearing notice with a note attacF�ed to the bottom of tf�e notice which stated: "We are opoosed to the re�uested variance due to the aPpearance and feel it would affect the property values of the neighborfw od as well." It was signed by Gladys Silseth and Arthur Silseth. MOTION BY MR. BIiRNA, SECONDED BY MR. BETZOLD, TO RECEIVE THE LE_TTER DATED OCTOBER 10, 1985, FR01N MR. 6 INRS. SILSETH STATING TFIEIR OBJECTION TD THE VARIANCE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMDUSLY. Mr. Clark stated the Commissioners had a picture of the house where the qarage was proposed and an aerial photo of the property. He stated Mr, & Mrs. Silseth live at 7521 Alden Way which is three houses to the south. Mr. Clark stated that as stated in the staff report, there was a similar request which was denied in 1967. A copy of the Sept. 27, 1967, minutes were included in the agenda. Also stated in the staff report was the fact that there was room for a detached garage on the east side of the house which would require no variance. Mr. Dennis Wood stated he had prepared some booklets which explained the pro�osed construction. On one page was a drawing drafted by an engineering firm sh�wing the site lines as the driver would be approaching Alden Way on Rickard Road and showing the proposed new construction from the curb line. There was approxi- mately 31 ft. to the closest corner of the proposed garage. Mr. Clark stated that the original petition was for a detached garage 6 ft. away from the house. Was the request changed to an attached garage? Mr. Wood stated the proposed garage would be attached to the house. 9C APPEALS COMMISSION MEETIpG,'OCTOBER 15,�1985' � PAGE 5 Mr. Clark stated this would change the front yard variance request from 35 ft. to 8 ft, to 35 ft, t0 14 ft. Mr. Wood stated the proposed size of the new garage would be 24 ft, wide bv 22 ft. deep. There was a page in the booklet showina the elevations as th� �garage would look facing it from Alden Way and Rickard Road. A page also showed the floor detail indicating they plan to put in a handicap ramp so family members can get in and out easily. They had appraisals done of adjoin- ing properties which indicated the new construction would not devalue or deface other properties. Mr. Wood stated he had two letters, one from an adjoining neighbor o�posing the garage to be built on the opposite side of the house, and the other neighbor not opposed to building the garage at t�e proposed location. MOTION BY MR. PLEMEL, SECONDED BY MR. BETZOLD, TO RECEIVE ZNTO TFIE RECORD THE TWO LETTERS FROM AA70I1�ING PROPERTY OWNERS. UPOh' A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED TNE MOTION CARRIED UNANIMOUSLY. Mr. Wood stated that both his parents are disabled and in wheelchairs. His father has Parkinson's Disease, and his motf�er is teMporarily disabled with a broken ankle. His father is unable to get out of the car and by building the garage attached with a ramp, he would have a secure place for his father to come about three times a week as he needs to have periodic checku�s at the hospital. Mr. Wood stated securitv was also very important to them because he has business supplies delivered to his home. If the garage was constructed on the other side of the house, they would not be able to see it very well and things would be less secure. Mr. Wood stated that also if the garage was constructed on the other side of the house, there were bedrooms on that end of the house so access from that side of the house was not feasible. Access would be difficult as they would have to walk around either the front or the back to gain access. By placing the garage where it is proqosed, it would also act-as a windblock as far as energy conservation. Mr. LeRoy Anderson, 7581 Alden Way, stated he lived directly to the nortb. He stated he objected to the variance for a garage in 1967, and he was still opposed to it. He was going to have roughly a 65-66 ft. wall staring at him from his back door, io him, it was too large a variance from the front of his house. Ms, Gabel stated that part of the problem with this request was the techni- cality in the code that the narrow part of the lot becomes the front yard. . � APPEALS CONMISSION MEETIt�G, OCTOBER 15, 1985 PAGE 6 Ms, Joanne Anderson, 7581 Alden Way, stated she was home all would be looking at that wall all the time. She stated they to build a privacy fence and he has a shed, The snow really there now, and a garage would worsen tf�e situation. day, and she allowed Mr, Wood piles up along 1�lOTION BY MR. $ETZOLD, SECONDED BY MR. BARNA� TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:2I P.M. Mr. Plemel stated he was sorry to hear the neighborhood objection. He thought the garage where it was proposed was the logical place to put it, and he did not think it would impair the line of vision becuase of the trees in there now. Ne stated Mr. Wood has 3-4 vehicles and it is best to get them inside in this northern climate. Mr. Barna stated tf�e main thing he had trouble with was the hardship. Mr. Wood has family members Nho come to his home to get hospital care and need a ramp, but they are not residents of f�is home. If they lived there, he would be in favor of voting for the variance, but tf�is is a temporary situation, and this is a permanent building. Knowing how everyone feels about their property and property values in this area, he would �ppose the variance as proposed. Mr. Betzold stated the question before the Appeals Cortanission was whether or not the strict enforcement of the literal provisions of the ordinance are going to cause an undue hardship because of circumstances unique to the property that is under consideration. He did not find that in this situation. There are neighborhood objections, one written, and three in person. The same request was made to the Appeals Commission in the past and was turned down. PJothing has changed. The purpose can be accomplished without a variance. He did not think the hardship as stated was a valid hardship, at least within thP meaninq of the statutes, and he would be opposed to the variance. Ms. Gabe1 stated she totally disagreed. She thought the hardship was real clear; however, she did not.think it was well defined within the "stated hard- ship" written in the Administrative Staff Report. She tho�.�ght the hardship was very obvious. She could not imagine in the Minnesota clirnate living without a garage, She thought the fact that the petitioher needed a garage was clear, and she thought it was totally illogical and irrational to put the garage on the side of the house where there was no entrance. It did not matter whether people were handicapped or not in this situation. The most logical place to put the garage was wfiere the petitioner had requested it. She did not believe there would be any impact on any property values in the neighborhood by placing the garage in this location. If anytF�ing, sF�e felt it would enhance the property values in the neighborhood. Mr. Plemel stated he agreed with Ms. Gabel. He could understnad the neighbors' thinking, but he did not think iheir objections were valid. � 0 APPEALS COP1MI55ION MEETING, OCTOBER 15, 1985 PAGE 7 MOTION BY MR. PLEMEL, TO RECO�lMEND TO CITY COUNCIL APpROVAL �F A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE T�0 REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 14 FEET TO ALLOW THE CONS"1'RUCTION OF A GARAGF ON LOT 6, BLOCK 1, ELWELLS` RNERSIDE XEIGXTS PLAT i, TFIE SAME BEING 757Z ALDEN WAY N.E. 1NDTION DIED FOR LACK OF A SECbND. lNOTION BY XR. BETZOLA, SECDNDED BY XR. BARNA, TO RF.COMMF,ND TO CITY COI�IVCIL .�_.__.__ DENIAL OF VARIANCE REQUF.ST PURSUANT TD CHAPTER 205 OF THE FRIDLEY CITY CODE T1D REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 24 FEET TO ALLOW THF. CONS_"RUCTION OF A GARAGE ON LOT 6, BLOCK 1, ELWELLS' RIVERSIDE NEIGHTS PLAT 2, THF. SAMF. BEING 7571 ALDEN WAY N.E. UPON A VOICE VOTE, BETZOLD AND BARNA VOTING AYE, GABEL AND PLEMEL VOTING NAY, CHAIRPERSON GABEL DECLARED TXE 1►lOTION FAILED BECAUSE OF A TIE VOTE. Ms. Gabel stated this item would go to City Council on Nov, 4, 4. COfJSIDERAT17}qI OF A VARIANCE RE(IUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO�FtEDUCE �E FRONT YARD SET6ACK FR0�9 35 FEET �0� FEE��'�0 ALLOW 0 rrow, 5yz4 Oakwo�d Manor, Fridley, Mn, . (RequeSt bV Gerald dnd Joan MOTION BY MR. BET20LD SECONDED BY MR, BARNA, TO OYEN THE P(►BLIC HEARING. UPON A VDICE VOTE, ALL ING AXE, CAAIRPERSDU GABEL DECLARED TXE PIIBLIC HEARING OPEN AT 8:20 P.M. The petitioners, Gerald and �1�qan Burrow, were not present at the meeting. MO_TION BY MR. BETZOLD, SECONDED UPON A VOICE VOTE, ALL VOTING AYE, CARRIED UNANIMDUSLY. MR. BARNA, TO TABLE THIS I:!'FM. RSON GABEL DECLARED TNE MOTIDN 5. CO��SIDERATION OF A VARIANCE REQlJEST PUR�ANT TO CHAPTER 214 OF THE FRIDLEY G J!'V'�C DL111U /O��/o7 7JKU HYGIVUC 1�. ne venue, St. Pau , n. 1NOTILYV BY MR. PLEMEL, SECONDED BY MR. BARNA, TO OP UPQN A VOIC£ VOTE', ALL YDTING AYE, CHAIRPERSON GABEL HEARING OPEN AT 8:21 P.M. Uest Dy Norrn �roay, THE PUBLIC HEARING. CLARED THE PUBLIC 9E •---`c e � S1: l5�1 Alden ay �a�iance Req � � � -'� ��, / r � 'o�� . � �.- .i„�t-�i+_�ir.,,. �e. � 'rM .tlr�F�y ,✓�%r` �. � w �� ,� yy� L �d 6 0 1 �, �.- •,cs l� ��lr�' ' 3 � ,�ti .� -� ` ° �'`� ��°�q , , •� , � � 1ew {� � � ,;� �� .i ..' �. ,b� S� 1 �� .. ,{� r o ��I� • �, �� 'o � j ✓`� � � . M !� y�;` � + � � ryr � ; � ,�s� •- � L R,�� f . •�, i r ti � � � � . � ` ,-� � � , f � �"� � � � � ; �`�1'� �`^ 4� �` � w ; �Z5 If3 ;.�� .- 1bi � � � � � - :• ^ �p� � /* � ►� � b � y ' �� - � � i ,, � y •�� ,� ,,o,. �. CRAIG a � � �� b � . . � �-y� � ��'. � s�� 6� �• ♦� .vi �✓ ,�'Y�' � � �•' d � � i ,��5 /6� : � � ` ^b°� _+ � + 8 y � � �o % � 90 ,'? �!�°i � � �1 b - � : O� � • j., t Y � � ��, � 1 I g i• 1 , !-` 3' ZZ : � l32 -» }: r�Q p� \ i •_�js�si ~• � l.,r' p ,'I� '�' M r� �• � , J, . ' : -� `.,� f � . is• • � � -f S � �, �f�� 3q.. 3 �. z - �S� � � � 2 ( � � �� 1� �600 ^ ' � ,:, -� ,� w• � � �s L z `�3 I55�,15�� .i ,: ' �zq ��' ' � ` ,.+ � � � � `�,se� .� � 4 �.. � �6 i �• . RpAD . ' ''v �--- ¢ M r : ,, � � �e =:z ' �\6 lA c . . 3 �� ° � �° . t� 9� •�� G�A�� 3Z . , r r • t �,0 ' 3 : �� I ✓ �5, 4 ,, � :� 150� ; 6 � �Z�� r} �� S ; ,� ��t � � , v � 5 : �� -. � (s�so, ,or ,� Z; '�by � 756� O '� 4 0 � o •� . � �s36 ... ��'' � R�v �S �� f P A 6�= ��- - ,µ,� � . 5 � ' � . '`� b5 ; .. 9 ` _ '�, � r',1l� � � q� � � ' 0 t , 0 6 I� �i :,�t��b �1�' y� � o � � � ,' .,�� 'Y..� _ _ B --� --�i � - ��- � _ ,� K- . E o 9 ,oS , �6�, �. 4 C y � !; �!s�: j \�' y ' � � � �,�zo) ,�t��-� �� '' ,.3=� WA � ,, s�� . 1 (��a�) �0 X� .,�_ `� �� w O� ~J 51 y'� � � . , i � ��. `A ? a, • (6C.�Z0) � -�A ;1 �' � � q:;4 15�, .�j � ..i� � ' �� 7"•4 t i � • \� �' � , � � � �,� � 1 1; sEavJ � � �e ' ,, 2 ,;. �, � � y� �, y + ' ,M .`.' : . � � ; : „� � .. `,�, `�p�b i' � ;: i � ll �� , `� � 3 '' ��S ' ~ �. ' �j •j.°° : , '1 i ` �' `� 5 f .� �1.3 OG� � - ; _ _ s� �i 1�� \3r, �a' ,. I `oo� �o ,�o �' �ba __ ��cP ,,- ; ��° s y L L . �,�o � ,.� , ... • �s} � 9 �y,�i� �1�'� � � 'i � '�' . '. � 0 �� i e ti ( 8 �� ,S `'' g �,� .: � N� 3 `� 2 / ` � . �O • 'J � w' y � � .• � �/ � � � s � � D "f O ;'� S _ _..�a-- � •� , . , � a � � �_�__.—._.^ i�urt�ri�nr�; Lr::iti:afr ` — -- ----__---------�3T"13fiCF�2LjtJ�St-------9 � 7571 Alden Way . � Denn��SL�H�Rrt 927-89�3 i �`� ;�'' .?��:� � �t.i �E,��i�.�+ I �l�i� jl �� coF ,r�ar1Y � 571�� N"..'i�� ::V�i��;r c�, t!1!�i:��f•_^L�$, !�^I'. ��$_?i:. �:i�IS � �Q ; :�BI � —� rnt'�L� �� -S��rY % ��1��D� � � �� K/ i /d/1! 'i � _. � F' ' � t c � .gs'"' ./: ?S•� � {%, l�i�/a'9 \' , • 3� , � ' I �� J // � 3� • LG � - i ��'� � \v ` `� �/ ,�� .' •�j�.�... � � � � � rT � r' . o � � � y�ti. _� A�� 1C� � , � � � � � - � � � � � �� ' i ` �' � � � i � i ( I 1 � ; ; �'�d/�- 1"s1�� i I hereby certify thst th;s is a true and correct representation of s ! survey of the boundaries of: Lot 6, Bl�ck 1, Elwell's P.iverside Heights ' Pl�t 2, s�bjFCt tt� re�trictions, reservations and e�sements oF recnz•c�� ' if any, + As surveyed by �e t�is F!h day of Septenbe:, 1967. � � .� �. I ! { i ' �--- N�'- 6/ ,�! �.,.y%��. __ � Minn�s�.� R�gis�ration raU"1E.'�.r�jg�2 t -- ---- --- - ----- �..---------- ----- ' � 9H APPEALS COr�MI5S10r� MEETING, OCTOBER 15, 1985 PAC;E 7 ON BY XR. PLEPlEL, TO RECOMMEND TO CITY CDUNCIL JIPPROVAL OF A VARIANCE Ri'pUEST JANT TO CNAPTER 205 OF THE FRIDI.EY CITY CODE TO REDUCE THE FRO1tiT YARD ACK FROH 35 FEET TO 14 FEET TD ALLOh' THE CONSTRUCTI0IV OF A GARAGF ON LOT 6, �C 1, ELWELLS' RIVERSIDE HEIGHTS PLAT ?, TXE SAHE BEING 757I ALDEN WAY N.E. P10TION IED FOR LACK OF 11 SE'17ND. PlOTION BY A. BETZOLD, SECONDED BY P1R. BAR►vA, TD RECONlNF.NI� TO CITY COtINCIL DENIAL OF V IANCE RF.QUF.ST PURSUANT TD CHAPTER ?OS OF TN£ Fi22DLEY CITY CODE T1D REDUCE TNE F NT YARD SETBACK FROM 35 FEET � 14 FEET TO ALLOW THF CONSTRUCTION OF A GARAGE ON T 6, BZ�OCK 2, ELWELLS' RIVERSIDE HEIGXTS PLAT 2, THF. SAMF. BEING 7571 AI.DEN iJAY . UPON A VDICE VOTE, ETZOLD AND BARNA VOTING AYE, GABEL A.'�D PLEMEL VOTING NAY, ' CHAIRPERSON GABEL DE RED TXE PlOTION FAILED BECAUSE OF A TIE VOTE. Ms. Gabel stated this i would go to City Council on Nov. 4, 4. CONSIDERATICtN OF A VARIANC RE(1UEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE. TO REDUCE 7HE FRO T YARD SET6ACK FRO"! 35 FEET 0 FEE 0 ALLOW � �r M L1�:i�.: . (K2qUeSL by �eraio and JOan rrow, 5yL4 Uakwood ManOr, Fr�ai�y, Mn. MOTION BY MR. BET20Z.D, SECONDED BY . BARNA, TO OYEN TNE Pi�ALIC HERRING. UPON A VOICE VOTE, ALL VOTING AYE, CHAZ ERSOy GABEL DECLARED TtIE PIIBLIC HEARING OPEN AT 8:20 P.N. The petitioners, Gerald and Joan Burrow, we not present at the meeting. ' MO^'ION BY KR. BETZOLD, SECONDED BY MR. BARNA, TABLE THIS I:�'F.M.. UPOA' A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GAB DECLARED TXE MOTION CARRIED UtiA.'�IMOUSLY. 5. CO��SIDERATIOtJ OF A VARIANCE REfXJEST PURSUANT TO CNAPTE 214 OF THE FRIDLEY Y CODE TO INCREASE THE xI UM S�UARE F �TAGE OF A FREE STAtJDIr�r, SIGN F �� v rni�«� vn i n� �n 1 ��..�� r i �� v�� v � � o��n � ir+RU� i I1UU1 � lUi� � Y, E 5 E BE t�G 5- equest y orr� ro y, 33 Ham ine venue, St. Pau , n. !lOTIGYV BY INR. PLEMEL, SECONDED BY HR. BARNA, TO OPEN THE PUBLIC HEARING. UPQN A VOICE YOTE, ALL VOTING AYE, CNAIRPERSON GABEL DECLARED TXE PUBLIC XEARING OPEN AT 8:21 P.M. 9t APPEALS COMMISSION MEETING,'OCTOBER�15 L�1985 �" � PAGE 8 Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 765-769 53rd Avenue N.E. A. PUBLIC PURPOSE SERVED BY REOUIRQ�ENT: Section 214.12.28 restricts tF�e maximum to eighty (80) square feet in total free-standing sign area per develoqment. Public purpose served by this requirement is to control visual pollution and excessive use of signs in commercial areas. B. STATED HARDSHIP: 1, The property and building are located at an elevation which is located so far belaw tfte main thoroughfare (Central Avenue} that visibility is almost nonexistent. 2, Comp�unding the difference in elevation between the building and Central Avenue is the fact that the building is tucked into a hill- side. This fact further reduces visibilitv from Central Avenue. 3. Wall signs are totally inadequate to provide any identification fror� the east, which is where almost all potential customers would have to enter (via 53rd Avenuej. For the above reasons, a variance is requested to allori two of the tenants in this �roject to inst:l� signage on the existing oylon; such signage not to exceed 40 sq, ft. in total surface area. C. ADMI��ISTRATIVE STAFF REVIEW: A sign hei ht variance was granted for this nvlon sign in Februarv of this year �fror� 25 feet to 35 feet). The Pickwick pylon sign is 80 sq, ft.; therefore no additional sign area is left for additional signs. There are t��all signs that identifv the other two tenant spaces. Mr. Clark stated the Cormissioners had an aerial photo of the area, along with a �icture of the s�gn, Mr. Brodv was pro�osing to add two more panels below the existing panel to indicate his two other tenants. When the Pickwick build- ing was built, it was anticipated there would be one, and possiblv two other tenants. Mr, Brody did bring in a wall sign olan which the City apnrove�i, and he has a Cost Cutters' logo on the front wall facing 53rd and on the west wall facing Target. Mr. Brody stated he was the developer of the site and also the owner of the property. Because of the building's location, it was a very difficult site. 7hey took a difficult site and developed a very attractive building; however, they did not anticipate the hardsf�ips the tenants would find once they oQened for business. 9J APPEALS COMMISSIOt� MEETING, OCTOBER 15, 1985 PAGE 9 Mr. Brody stated he was talking about Cost Cutters and a potential tenant, Mr. Tax of America, which was a tax financial planning service. This tenant had recognized the difficulty with the site and had indicated it would not be interested in leasing unless there was sor�e type of signage on the pylon. 'Mr. Brody stated that right now, he has the maximum signage allowed under the ordinance (80 sq, ft.). He is asking for two smallPr signs, each 20 sq, ft., which ►vould be located under the Pickwick sign. The signs would de �rofessionally done, would be tasteful, and would be used for identification only. Mr. Brody showed the Corr�issioners pf�otographs of the site, directin� their attention specifically to the east elevation taken from Central Avenue. The Pickwick sign was visible, but the buildin� was barelv visible. Because of _ the undue hardship of the low elevation from Central Avenue ancf the fact that the building was tucked into the side of the hill, he stated it really made it ver,y difficult for his tenants to operate. Mr. Brody stated that in the audience were Earl Faulkner and Vern Gun�ierson, owners of Cost Cutters, and the r�anager who r�ould be willinq tc► tell about how their customers have cormiented on ti�e difficulty in locating the business. Also, in the audience was Craig Olson, a representative from Mr. Tax of America, who would be willing to answer any questions and also state the probler� he would have in locating in the building without a sign. t�{r. Betzold asked if any consideration had been given to reducinc� the Pickwick sign. Mr. Brody stated he did not think that was feasible. This was a new sign, and Pickwick paid approximately $6,000 for the sign. i Mr. Betzold asked if there was any more room in the building for more tenants. Mr. Brody stated that with t�lr. Tax of America, the building would be 100� leased. Ms. Gabel stated that if the approve the variance, some tvpe of stirulation would have to be put on it to preclude this from ever being a 120 sq. ft. sign, should the tenants change. Mr. Brodv stated that Pickwick has a 15-year lease, and their lease nrovides that they have an 80 sq, ft. sign. What would be fair would be that at such time as Pickwick moved out, at that point the ton signage for the new tenant could be reduced to 40 sq. ft. That woulri get them back to the conforr�inn 80 sq, ft. Mr. P1er.�e1 stated he felt the variance should not go with the tenants but with the real propertv, 9K APPEALS COMMISSION MEETING, OCTOBER 15, 1985�� PAGE 10 Mr. Barna stated that if the variance was qranted, it should go with the property in the instance that there are at least two tenants on the propertv; but if there was to be only one tenant on the prorierty, then the variance would be rescinded and it would revert back to 80 sq. ft. Mr. Brody stated he would agree with that stipulation. MOTIDN BY MR. BARl1A, SECOh'DED BY NR. BETZOLD, TO CLOSE TNE PUBLIC XEARING. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON GABEL DECLARED TXE PUBLIC HEARING CLOSED AT B:40 P.M. Ms. Gabel stated the hardship was very clear that the petitioner needed a variance to have the signs there. She thougf�t the request was very reasonable, and she had no reason to deny tF�e variance request. Mr. Barna stated there was a definite hardship. He could see the need for the siqns; but he would reco�end they put on a limitation that an additional 2d so, ft, per tenant be allowed as long as there were at least t►vo tenants in the building. At such a time as tf�ere would be only one tenant in the buildinq, then the additional 40 sq, ft. would 6e removed revertin� back to 80 sq, ft, of signage. Pickwick now has an 8G sq, ft. sign, but if Pickwick left, the new tenant replacing Pickwick would only be allowed 40 sq. ft., with the total coMbination not to exceed 80 sq, ft. MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO RECOMME'N1) TO CITY COUNCIL APPROVAL OF A VARIANCE REj?C'EST PURSUANT TO CHAP"_'ER 214 OF TNF FRIDLF.Y CITY CODE TO INCREASE THE MAXIMUM SQUARE FOOTAGE OF A FREE STANDING SIGN FROM 80 SQUARE FEET TO 220 SQUARE FEET TO ALLOW TXE PLACEME7VT OF TWO (2J 20" X 11'6" PAI'7ELS ON THE EXISTING PYLON ON LOT 1, BLOCK 1, TARGET ADDZTIDN, ANOKA COUNTY, THE SAME BEING 765-769 53RD AVENUE N.E. WITX THE FOLLOWING STIPULATIOIJS: 1. THE ADDITIANAL 40 SQ. FT. TY7 BE ALLOWED FUR TWD ADDITIONAL TENANT.S AT 20 Sj�. FT. PER TENANT, AS LONG AS THERF. ARF. T410 TENANTS IN THE BUILDING. IF EITXBR OF THE TWO TENANTS SHOULD MOVE OUT, THE SQUARE FOOTAGE kILL BE REDUCEU BY 20 SQ. FT. 2. THE BO SQ. FT. SIGN TD TEMAIN FOR PICKWICK BOOK S_TORE. IF', FOR ANY REASON, PICKWICK BOOK STORE SNOULD MOT'E, THE 80 SQ. FT. SIGNAGE FOR THE NEW TENANT WILL BE REDUCED TO 4D SQ. FT., MAKING THE TOTAL SQUARE FOOTAGE OF SIGNAGE, WITH A MAXIMUM OF TWO ADDITIONAL TENANTS, TO NOT EXCEED 80 SQ. FT. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSOPI GABBL DF.CLARED TXB MOTION CAR�IED UNANIMOUSLY. 6. CO��SIDERATION OF�VARIAtJCE RE�UEST PURSUA��T T� CHAPTER 205 OF THE FRIDLEY CITY �a...• .��i � aLr�va. .l��LL.� ��L• tncyuc.7M ✓' l�v��a�aa �� a.u.�.a�.') . ., � ey, n. � v�y`rL `� � J � „� ,, a� A1 "�'� �i. a � �t ��' .. _ • t +•..d� � '� - ► ,� � �, . w . � w � �t M u.. �wJ� w,N � � � � '� ,�, _ � . 1 w • i�+ . �n � � � ' � � `O ~ y� _ � � � � iI/ N V ar ��`� �w �O ( , v 1��' '•�� .. � � � � r y f , I • � s (Zl�i �: •. � . ;�. y ✓e�w A! a:Ar.w� \ � j/� )/,� . � T• � � ~ - � 'iy �� `� � � �.:. � `= �A� � vr -+ � �1� r� '�, �� ,v�� s � 3 :1 _ �'�,� ' .� � � N c�� .. , �_.•�ts' , � . v � � T.�... �� i �. � 1 Y � . � � TN"� � S35 � .x:. _ .�.; � —_ ♦ s � A � � O J 1 � � � � � � 0 r a � � `w � Cf , ;� � �. � 0 V� j � � . � ,'y �� 5 g � 4 � . O �� '��°'�� _ �,� �•• J • iW a9� �+� - . i � o '--�� ; r`� Q � .�.,�.. � j`i � !� �; titi � � � .� � t ��; �• ��, . ,� f�•s- i �� K ' � Vl�f� I AN -�( �; 9 L � � 765-7,6 , - 3r�"{,v . qi.. �!`-'!r�� ,, � � 1 C7 : w :. , .-- �.� � ' � � t0 ' �` r N � . : f � S � w ; � _ �r � � . .� y � � 1 � � 1 � , ; � , �. � i -.� � � �� i N � �� ` � � � �� 6 � - /�� ` ,` a�K ;�vw t_. .� ♦' ._� � �„� � s .t _ � —.h., ;�i ; . • '` `'4�; --�:cT!' 7 �y ----- �y�,. � -s .► �� L� � �`it��r � �� . -- , ' , _.` , -.;ii, -, ,�. -- � �o•� � `A�y ' ��M•~: i' • , .� ' t� � . �.�' o � � 'r�. �`,e __ J, i:` � /� � ' � `;•�tr ': �•. � ; ' ' ��,i . ?�� % , , ti � . �---- -- '�� - ., , , ' ��`- - � ` � I � � � . , � � ; , . - � � � � i �. � , i •. ', �' -�.,,.�,� ij ' ' ,' � � t � ' __ ,I 4� —..� � � .... . ... '.:.. . _w! . -- • - �; __ � ' -- �' - ♦ 1 _•'��I �i V � ��\ �\�� tV� � �� 1 I � �� •. ��• I ' . .. -- �. � t� ---� ' 1 � f �. : F t _ � ' � . + � � � � � f� � � � � `1 ►� Y _ �_ • ,5,s_` ' :"i • +.: i"' > �•�s A . .. � , � �„ ,� � J��- �4 � i�r } • � "�' � � + '' 'D'="R'° i`' •r,S�; . . • `� �, � �,��L�,'�i,Y�� *, y' , . � t � ` ti ti+b;'` r ` '�`� t vF � � � � ' t tt �`i� ,i�•�� ' J� T �h�� • .fi i'".. • � s � .. . �' ' ti• .. '�t��~�..-• �� . A •�, '• ��;i � ' -` �T .y"^y' + �`+" '� ~ � � ,'1�',�. �a' �� ^ �. � ~ L� ,7�� l� . � ' ' • > �'�a � �� r', "�+� �i ♦ ' '�, � � � ;M '+� • Y " v tt� �y .l _.��'`. ,,t Sn+ S 1 '►Y . . . . ' ' . - • . .. �tii1.L �c�,:,r . � � ji�: 'i' �,..��` ��i. �� •� , . . . ;t �.� ; y � : y �, o ? . ' .. . • . . - . ` ti �? F' ,,fs •r � � ��.`� •.. � � . ' � � � � - "�"� � � � r � � - ' �, � . - � . ' � � � - . . . - _ ' . . ' . . . ' a �-� r �r,` � a�- . . .; ��_ •,�� '3� ; � • r•y, x , . 1 t^ ^ -t . L: � A + • � �.' ��., : ?►_��K�` �'i.� .''_:�. �' , � �IS �•�•� �� f T' fi • _�� y� i� e � � �! ` . . _�t . �.�;.. ��; � '• ' . . �. ^a . ) W��,�. '� y . . i�. �1�, . . . . : � : e } _ � *. �' � t. I� " J ' ' . � �' ,�. T. Y* r . :� � i� .,.*` , A r� � „f "' �, `-3 �2�1ti' � ��'X!� ` � � . S+' - � : y-� �,r3,--. r, �` ,.- r��sf� t�' � . .��'�+�wM�-' t : � � e � �•Jy � . r�a .,•T' •,�'S wl t`?f � ; 4A �, �i �'� � = ,,,�r . . �i: r��t � �' � �,r.,�! � 'da:.�t �T �' •.a� - ` ��•` , -.•�°�f'�� i`� �� .t- IIAR;IA�ICE�.S t a >S:��L�1 '765-7�9'-=.�53rd� .'° �NOr111.'Bro�'y ' ,:'`�c,'� .. ' � .. I�� .. ► ..r ' . - �r?C? . ' .' � �, e '' � •• •f�fY .+� ` .. j. • ''�� :; t ; ^ ��s'Y,�i � s � �, - '., � � � x_ �� i J � . : . ` � j': r, - Y ;' X .;: .;� � ,� '. : y, ,, �, . • ' . ! 1'.e . � �, � � r ' � � : . - '�: .�.' a � x , •°w � • . . � � . � . �. ! r �.A•` �� t ' , ' . • ,�_ s j A��. ♦' �� _ ,. �' ' •.`K, y .� '-+d ,f. . , � � . � � - , tl .. . . ��. rC'��T . . � . � � ' , � � ' • • • •�., • }. • - .. . . . 1 .i �, .. �� . . .,� ). J l ( . t� . . . } � . , ' � � ��' ; l - . � a .t �' t. .. t... ' ' + '�` �_ �` `,r-0' ' . , �� `. •r` r+ .!` '�, _ � �. ,` e' � _• . � -.� ' -0� u�*.� �, r ,.^ L� � �•' .t ' � �. T�� :'�t. •� '7. . .�.' C�:�y� � 1= 1.,��,. . • 1 . �[. �i • - I , � v . f � '. 7 ,. .• ��T' �+y�� ^¢. � �i` r r . r.t ,•� . . `•_ . (� '., . 'r � �.�t ji ''s.e► ;'`A..h . � .. . . ' • ,� `. i t �'►" f tf . -♦ . - - ��' � I L , , � 1 �'. . !. t f � 0. � : � .F _ t �1 � o- . . � . � • �. � .y.. , • � . . . .y.. � . ��/'�;� � t�v �ry � : ��c. . .. �. . v �.r y� ��.3.� s '. {�:�! � . �,- �-! r�� .- .' . f . � �•� x ' . . ' , • �� { � �� , 4 '.7 ..14� . ' � � ` �r �..� ' ��• �,. .J , . . -�. '� • ♦. = ♦ 1 ' � �. ` � =,�,f��' � � 3'S� - '�" �, � _ �• ' �, ;f" . �; �: " _ ` �. "k:w � ; .�, . , :- . _ . . .:� :: �t ., . . f. . ..� -" , - � ' . : • : s • � � � � " . •.. _ . J ' _ �'i ♦ = � ' t - � � � � : j ,. ��.�� '�, � . �,.. �. ��5, �. z . � '. -' , : . '!";`d �. w,.` G. �- ,t •_ � � � �, �•�:�� ' -. i'� ' . . r. i +C . t f t `:. . . . � � } . � 1. � � � � .. I' J� � • � � . �~ f• � �r� � , � '�' . .. �• I tL + ' . � < �'j�'j`� � . ♦ a s ' , # t . +M` j:'� �-+ ' ;_ � ,� s, � ♦ . � � 1 � l ' ; : � . �-` `'. � .k, � :, �� .,� .. '; ' ' 'r ' I I ' . ' h.,� � �`� e�-.i , q � ,-�. � ,�� ,• , t . ^f�- i■' �T�f}+ f- ::i ' =i ; . Lyr � ;.,�1/•;�. t \.l J t.- � . ' ��I.�~ ' •� � �- : , �.'rr� � . , � r. '� -� :�` ��. -'� ••� .�3�` � . k�n�s�"�Q�:�s� • ir�t ��a�• j i.t[ -`�;'� ` �'.. -+►�`?',�y � _��`'`",• , K �=r� '.Y► = ��' - � -r. _;I , . � � � 1 X , ��r�.GS�ti�-K�t,•' �' . ` ir_'. `�' , �r��e .+J .��t 1��'� y s; �� } J, �." .,� . ,L S' f( � r �� `� 'rt3.�` �• : ` � -- E ` r i: '"�}�'r�. ? :r.¢~�` :ti 1 .�� , • �.% � �. , � ( ��C . .:.,,,s y- "! �y��. � � �' �`��jOi 's •� � (�� - ' ' , 3 � " ,�l � i. 7 � � • ' .a� '�. -,�.•' ��r'` '2��y _ J' _ • � .. �` .t 4��Y"i'�.� t� y''��. j� t�� • ��f: , y f, � '�,?.�� .�+,.�.,, �� yr��'�,tC, t<� • ' - -. . . ��r�� , ;i'`�"'^' :A.. . ��''`' � `�r 1`'F,. ,?i;�i't�ii'r � '?� .. � . c� - . �. � .. _� �'.. �:r � i� -i1` � � ` - ' N \?. .1. ��'��.. i�..� � '7 . . . . . � f .�,;' � r• # '• •� ��• � ` �'. '��k . , * � y - � 1 t''. f :,t $ 'L�� ' ._s «'�. _ .. ' +' .� � . 1. , i � L � • �'��t : +r�•�•, . �3� . ' ' . }: .c-'� �-'R }% ��`'Jv� ♦ � �•` . _' /, 7... ii �; s: R ` ��, �+''s � . _ • � �, , ' � ` � • ' �' • ' ^�'��,,� , t � �'r •� �. . � , ' �rii. � � r ` � s 'c ,+ � . . -- . ./ ��r� " �. '�� _ i �• �il ��t':' - ' '' t'. . _ , � „ r.: :_ � r '� . i • . . , . �7��' , . _. t � �a ..i • 1 . . � .. . J. » „ t' �, e .. -, . . I'"�� , . ,'.�- � %� «:, y � ✓ � �1' � �� •i� �i ..t t "� ��_ - ' . . l .�"� .+'�` . ��wJ .. � _ .i r}� ' Z �T%w r a ..�� - .`] •; l: .�. .. •f' ' � . . � + � 1:�'�� .:y t r q .,= ., _ .� �!`. . ; • •. - ~ . . � � 1 nf'K� `�� + �i y� . .; _ r � -! Y ♦ . � � • :� �s �Y ! . !� t �. • y { � . . ' f t4 7.t � � . •^y . .i.F � Y • �Y �t•.� � '� _ r �� `� .: . r , � t � 4 ; � �� .f j . < � F ••4 � �. ��•`Mr 1' .'�.��'. �p:AI ,y} x � � � ''� ! � Is• •.• • �Y" � t w '� t� S � �'v � . e . . � _ � � '. .. • .i� �� . iK' y �t.}� 1.� �. �� ., �yt �, r�� .�� r t w ; 4 :^ y�� , 1 . s • _ t� �t� -' i:i '� . F''` 1� 1�`';..� , 9. $.'� � �i :S,f, : • r s � . � � � f t •:t ' - ..►�:'�rY.' : + j� : . . •.� �-,. ., `:� �:.-e µ}'}� . i •i�� '�� . �+ � f _`." "'t�?, v''r ` -y.,.'.�....,. 7� t,. r"1� "' �: 't�` .� •,iwsir�`%,�r,r w . �"t �tT'.a•i:•,,e+}�',�. .s ..,t_,.�r�3arlv-'�aa � �o R T . . �l' � � � 1 � � Q � _ T �I • � Z ; ; _ � r� 3 r �� -� �F �� R r �' ' � , : � ,� 0 � : ,. � i � � � • : , � � � ,' � ,� ��.�: , � Q� _ . s i � � L r VARIANCE I 765-769 - 53rdjAvenue g � Nor y � ' . . b" � . -►- � � u �. � C .� I� . . 1 �� PLANN�NG i CONSTRUGTION STORE FRONT ELEVATIONS i SECTIONS � � „ PICKWICK BOORS - FRZDLEY t10754 �� . 300 INOUSTRIAL l�VO. H. E. •. FRiDLEY, MINNESOTA SPACE i30 ��v v "• MtNMEAPOLIS. MINNESOTA N*� a�� • S�V 4 � �`�� ELLIOT ARCHITECTS . FMULYIWRCJ1iiES+lOP� _ PMOME�li12l�.1WS00 �... , _ _ _. ' . - - - "- _ _ . �J / � ` �" v APPEALS COMTIISSION MEETING, OCTOBER 15z�1985 �� PA�E 13 7. COWSIDERATION OF VAR CE RE UESTS M M DISTArTC �irnrnrr T��r CHAPTER 214 OF THE FRIDLEY CITY S1�lI'JERSITY.�N�USTRIAL PARK ADDI'; ION. THE $AME BEING 7970 IiNIVERSITY AVENUE K.E. _(Request by Gerald Paschke, 7970 University Avenue, Fridley, Mn. 55432) NOTZON BY NlR. BARNA, SECONDED BY 1NR. BETZOLD, TO OPEN TNE PUBLIC HF.ARING. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON GABEL DECLARED TFIE PUBZIC HEARING OPEN AT 9:00 P.M, Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 7970 University Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 214.12.26 restricts the maximum to eight ($0) souare feet in total free-standing sign area per development. Public purpose served by this requirerient is to control visual pollution and excessive use of signs in cormercial areas. Section 214.12.2E requires a minimum 10 foot setback between free-standing signs and any property line or driveway. Public purpose served by tF�is requirement is to allow for unobstructed visibility along streets and adjoining driveways. B, STATED HARDSNIP: "We would like to do one nice sign in place of four smaller ones to give tenants in rear of building signage and visibility from University Ave. tJe would also like to use thQ existing base as one of the po�t sup�orts far the new sign." C. ADr11NISTRATiVE STAFF REVIEW: The existing sign is 6' x 6' (36 sq, ft.), a four-sided cube, and it is located at the property line, TF�e petitioner would like to chanqe the existing sign into a 160 sq, ft. two-sided sign, with the curb side of tFie sign to hang over the nroQertv line by approximately 2.5 feet wf�ich would locate tf�e sign 5 feet behind the curb. The property has at least three street frontages. : • . . APPEALS COMMISSION t�EETING OCTOBER 15� '1985'" ��" �� """� ' ' � " � 'PAGE 14 If the Comnission approves tf�e varian�:es, the new sign should be placed so that it does not overhang the Citv right of way, or if allowed, the _ Comnission and City Council should state that they approve the sign encroachment over the boulevard. -Mr. Clark stated the Comnissioners had a pf�oto showing the commercial nroperty. The property consisted of two buildings of which each has multiple tenants-- approxiMately 12-15 tenants. The present sign was constructed 4-5 years ago when the Center was complete and it was improperly located. Even if the Appeals Co�,ission and City Council deny tF�e variance for the new sign� he would hoPe they would express their desire to relocate the existing sign in the proper location. He stated Mr. Paschke would like to remove the present sign and put up a two-sided sign of 160 sq, ft. advertisina other tenants in the Center, other than just the center itself. Mr. Paschke stated the present sign which says "University Center" does not serve the center at all. It locates the propertv but it does nothing for the tenants. The sign would only have six names on it for those tenants who have no visible siqnage already on the building. Mr. Paschke stated he was actualiy allowed an 80 sq, ft, sign per development, but he chose not to do that. He would rather have one nice 160 sq, ft, sign than to clutter tF�e area with two 80 sq, ft. signs. MOTION BY 1►!R. BETZOLD, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CPAIRPERSON GABEL DECLARF.D THF. PUBLIC HEARING CIASED AT 9:26 P.M. Mr. Barna stated he could sympathize with developers and tenants do need signs to advertise. It was expensive to advertise on television or in newspapers. The Center is allowed 160 sq. ft. in signage--two free-standing 80 sq. ft. signs, so he would go along with saying the Center, the total two-building development, would be allowed one 160 sq, ft. sign equivalent to the two free- standing 80 sq. ft. signs that are allowed. The placer�ent of the sign did not bother him. Mr. Plemel stated he did not think the distance was any problem. He did not find the sign that offensive. Some signage is necessary, and he would be in favor of the variances. Mr.�Betzold stated he did not know the present sign existed until this matter came up, He had noticed the development and the attractive wall signage but not the sign identifying the Center. Therefore, he did not know how he would notice a new sign. This is a very busy part of University Ave., and it would take a pretty big sign to get people's attention. He did not want big signs to catch attention. It was true the whole Center was allowed 160 sq, ft, in signage but there was no guarantee that if they limit the Center to one sign and one development was sold separately that there wouldn't be a request for a second sign in addition to the one they are beinq asked to approve at this meetinq. APPEALS CdMMISSIO�J MEETING, OCTOBER 15, 1985 PAGE 15 Mr. Betzold stated that regarding the property line, he did not see any reason why it should be at zero feet. He could not go along with either variance _ request, the remedy being--let the petitioner �ave two 80 sq. ft. signs. Ms. Gabel stated she understood the need for signage; however, she did not -agree to the size of the sign� and she was concerned about its placement. MOTION BY MR. BARNA, SECONDED BY 1�2. PLEMEL, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VARIANCE REQUESTS PURSUANT TO CHAPTER 2I9 OF THE FRIDZEY CITY CODE TO REDUCE TXE MINIMUM DISTANCE OF A SIGN FROM ANY PROPERTY LINE FROM 10 FT. TO 0 FT.; TO INCREASE THE MAXIMUM SQUARE FOOTAGE OF A FREE STAIVDINf SIGN FROM 80 Sp. FT. TO ONE 160 SQ. FT. FREE STANDING SIGN FOR THIS DEVELOPMENT pN IATS 4, 5, 6, 7 6 8, BLOCK 3, UNIVERSITY INDUSTRIAL PARK ADDITION, THE SAME Bf.ING 7970 UNII�ERSITY AVENUE N.E. UPON A VOICE VOTE, BARNA AND PLEMF.L VOTING AYE, GABEL AND BETZOLD VOTING NAY, CHAIRPERSON GABEL DECLARED THE MOTIDN FAILED BECAUSE OF A TIE VOTE. Ms. Gabel stated tf�is item would go to City Council on Nov. 4. 8. CO1�S ERATION OF A VARIANCE RE�UEST PURSUANT TO CHAPTER 205 (�F THE FRIDIEY 6.8 FEET TO ry.t., rriai , Mn. MDTZON BY lNR. P UPON A VOICE VOTE, HEARING OPEN AT 9: 4GE �11 LDT T- BLD�Y, �,- MDRD IX PARK ADDI7TOW, .. ReQUest y i iam emar e, C eri ane , SECONDED 9Y MR. BARNA, TO OPEN THE PL�BLIC XEARING. VOTING AYE� CXAIRPERSON GABEL DECLARED TN.F. PUBLIC .M. Chairperson Gabel read �k�e Administrative Staff Report: NISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY R�QUIREMENT: Section 205.07,3D.3a requires rear yard with a depth of not less than twenty-five percent (25�) of the lot depth with not less than twenty-five (25� feet permitted or more than rty (40} feet required for the main building. Public purpose served by this requireme t is to provide rear yard space to be used for green areas which enhance he neighborhood. B. STATED HARDSHIP: "We have no basement and we need tfie additional�arage area." , . � • VARIANCE 8 R 7970 University Ave. Gerald Paschke � 8� q0 10 ab ?� � I �.V � � Q _ < .,.� — - � � r S �� 4 ► � ,� J . G �{ ' ' 1 o� 3 .f s►* ."i�M+ /ff�� y ,,,r .- � �•~�-f.i.rF � S' 7 9 � ^ � ' � ' 1 . �... .�,� �_ � ,; � : +•� � . .. � , �, � •� � �K . � ,! .r �. • , � _ � y � q �, tt�. "�� ' " '�. �. ± S � �i O � . :, S 6 � �, t,V� _i ' __ ' 8� T � + - ` . � •: � W ' e ti ' �. . � ' , . O : . . . 40� ` ;, ; , � � j WYLOWpOp . l 2 � � ! �• . .:. • „ BO �' ~ : ' :' � . , 803 �, ' � Z , +'3; f�. W a � , i • � .. . " �. o > � l � , " �' ' � � Q Q r �,,:� . < <. ♦ , :r - 3 ` � `�►"�i:' .. � : W , •, ti. „ i ' c.i ; ; : `''��,� `", � ��" �>: � . ") � W ; . , . . . . �' � V � � � � � _ M .r.�. 1.� � �, e, , •, o ' . „, _ � � � � .� _ � - ,.,- ., � � �, ; � _ . - a ,%` � /� �: .: ; �iv w. ��.`: � � • . �f< 1S 1 � ! � � � � , r � `'.,- W i ROSEDAL,E,. q �� ► ' � � }. V •,. ., _ � ' �" , Q j 9 . �°'' .�. � � !� • � ? � • � ��. i t' , r 7 ' W r• i! �; 8 S qZt < � .a �p5' � = V'f .` 7 � �' /_ �* �T �4n• ��Lf2 � /!� � . �� ' ~ � : f.. • /4,,,,t 4' .�. -� �owr� Yw - '_�T�'! M�A •� � w r n 7R9� v P � '78 7S t'� . ��,�A �, S.-_• �,� . ,�rr•� r� ! _ , . � 4 �• r`.. 7 6 � ..-' �Nr , �- . ' w ,��, � �. �, y ,; ;L � • �, ' � ♦ ' • � l+� �s 1 � : : � � '`. • - :� . � � ; ; yt4� � . e 3 � � 1 0 A ; • z � - � � S � '�' •1 ' � "i. / _ - � c ; � Zo- ' �� g s �, � �_ , : ,� E � �. ; A �t � :.- . � Z � � ir� �'�f /"� � V r � `1 ;'-, �' �` r _ . _ . ' � - _- ; ' ; ; , � �.'�' UARIANCE 9 S 7970 University Avenue Gerald Paschke ;, �, --; - � ;� � . - -; �_-_ __ _ _ __ � � I I � , � j� z 2 7 s I` .�t, JD = 7 S � , t�MO T0: John Flora, Public Works Director i�MO FROM: Jim Robinson, Planning Coordinator(� d � f�MO DATE: October 16, 1985 �DGARDIt1G: East River Road Business Center Sculpture Or. October 15, 1985 I met with Ken Belgarde of East River Road Business Cer,ter and his sculptor Russell F.rickson. We discussed the placer�ent of a piece at the Southeast corner of 53rd Way and the East River Road service drive. (See plan) The sculpture is similar to those built at all of the other t�;arfield, Bel�arde and Yaffe developments. It's rough dimensions are 27' by 27' by 3o' high. The materials are all unfinished steel. The sculpture will be entirely on their property and Will not be in the Visual Safey Zone as defined by our Code. If Council feels this is an appropriate placement we will authorize construction immediately. JLR/dm _ _ _ --- - � ntL8Ct1. r'^_---- ------- � �i- SS-116 ' 10 •' • ��r %� �"�- . - .—_ ��OI . �I i V. � �- � � �7 ^ q �p�� (� �'�4y� � _ , c' ^,. P ( 1 � ,�, . � -� n. � '^� I^^ , I i � j: �''`J,.'`n�� L5 � � . �N. `! � * � - I � . • � ' � ;; � �=,.:� �, �_ ;�1:, .�.�,: � �vl., l-: � ' ' k �� 0 A � �... :�::_ - i / , wagZ a v Design • Consulting • Fabrication • Installation _ _ � � rrQOL / 1 �� \_' '� =Q � � * RUSSELL E. ERICKSON � � �� 5 t3 ST. JOHNS A E i EDINA.'Ml�D1E TA 55424 •1� � -� �.Q. . 61?1927='�123'.�..� '� ' � � � � � ' �'= � - � z2-Y � - ��$� ; � r r a,, � / �-� � � ► .,� , �, ��(1 �� * _ ; � r- 4 �� o � s �� ' i , �` n `� _' ; i f �", w _ �e �_ S' � '� Q' ! / ,�� •� _ A `._ ` �l y,� .. ' 4- � 1 O� �� r, d: � � �r ; � _�, \ � � ; � , '�_ - -�` � !��0 `J �' ' �� : � �., '� N: � w; �'� � � � _ � ' �} �f- , �' r M �v i '� 91 , �� i � `` \ ` J` i _ � _ , � i _ r G ` `� � /" / � � = _ p � � / > ! `�- _ _ �Cl � .. �� S f'Ti / / � � � � I ~ -�� r /; r . }' ^ � �.-�\`� , / �r� L J 0 '• ' J' ,' " %" ��? � �-�- � , �l%j � .� � � ` J �l � � � .d � �� 1L � i._�// � ` �t � � \�.1. \ -y l� �L' � � r f� `�, <<i C� 1 l, � \ l_/ c v ''� �' i d\ � J � f � � � ' � N��Q l� �� ` �� \ ,O/ . '/ V '� '� !/ �'�, � � � �, �% , �, :�. �_ - � �� J. . C Sf� � �� Z I � 3��I��. . . . �ry.s . ��-Z,� `;� 7�^ � • . . _� �� O� `'ur .`�./ � � `� � ..� d., � '' .� y 11 NOTICE OF PUBLIC HEARING ON THE PROPOSED DESIGNATION OF A MUNICIPAL DEVELOPMENT DISTRICT AND THE ADOPTION OF A DEVELOPMENT PROGRAM THEREFOR CITY OF FRIDLEY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Fridley, Minnesota, will hold a public hearing at its regular meeting to be held on Monday, November 18, 1985, commencing at 7:30 o'clock p.m., Central Time, in the Fridley City Hall, 6431 University Avenue, N.E., Fridley, Minnesota, on a proposal that the City designate a Municipal Development District and adopt a Development Program therefor, pursuant to Minnesota Statutes, Chapter 472A. Copies of the proposed Development Program for the Development District, including descriptions of the property proposed to be included in the Development District, are on file and available for public inspection in the office of the Fridley City Clerk-Treasurer. All interested persons will be given an opportunity to present oral or written comment on this proposal at the public hearing thereon. /s/ Rick Pribyl City Clerk-Treasurer Publication date: November 4, 1985 Fridley Focus 12 I�ICE OF PUBLIC HFARIl� QTY OF FRIILEY QOUTTI'Y OF ANOI�, SZ�TE OF MII�IIVESOTA NOTICE IS HFFRFBY GNFN that the City Council (the "Council") of the City of Fridl ey, O��ty of Anoka, Sta te of Mi nne sota, wil l hol d a publ ic hear i ng on hbnday, Novenber 18, 1985 at 7:30 p.m. at City Hall in Fridley, Minnesota, relating to adoption of a Housing Program pursuant to +�iinnesota �tatutes, Chapter 462.03, as amended. The Housing Program will present specific infarmation relating to a prop�sed housing project to be located on Lot l, Block l, Sylvan Hills Plat 7. �e property is b�rdered on the e3st by the University Servive Road, an the west by the RDO Manufacturing Com�any, on the south by Satellite Lane, and by Mississippi Street rn the rnrth. All interested persons may appear at the public hearing and present their view� on the Housing Progran orally or in writing. BY ORDQZ OF �iE QTY �[INQL Rick Pribyl, Acting City Clerk � Publ icati on date : Nwenber 4, 1985 � � CITYOF f R! DLEY DtR�CTORATE OF PUBLIC WORKS MEMOFaANDUM � .. _ .�. �- . . , • , ,�,� MEMO T0: Nasim Qureshi� City Manager FROM: John Flora, Public Works Director SUBJECf: DAYE HARRIS DEVII.OPMENT DATE � CODFS: 10/30/85 P�1 85-328 Dave Harris is proposing to develop his 4.23 Acres at Lhe corner of Osborne Road and Highxay 65. He is proposing to split the lot iato four parcels. Associated xith the development is the requirement to construct a loopback frontage road around the Fridley Chiropractic Clinic (Wayne Dahl). ' A meeting was held xith Mr. Dahl and Mr. Harris regarding the proposed loopback on October 29, 1965. At that time it �as agreed that a 40 foot road right-of-Way would be provided xith the entire amount of that portion of the easterly segrnent comin,g from the Harris property and the portion along the southerly segment to be split� 25 feet Dahl and 15 feet Harris. In order to support this agreement� Mr. Dahl is requesting that he not be assessed for his portion of the improvement until his property is sold or the existing structure is removed and replaced with a neW building, plus he requests the existing Viron Road righ�of-xay be vacated and removed and sodded for that portion which is in front of his property, and a nera drivexay access be provided from the loopback. Mr. Harris is interested in pursuing the development of these lots and has requested to present a petition for the loopback to the Council at the November 4, 1985 meeting. If the agreement, which is being drawn up by Virgil Herrick, is signed, there should be no problem, but if Mr. Dahl changes his position I assume Mr. Harris Will request the Council to construct the loopback and obtain the right-of-xay as the City xould desire. The development as it has been presented indicates there will have to be a platting and variances or rezoning to sup},ort the proposed plan. JGF:jmo Enclosure - Map . . : - � � �. :. ��.vrEi�i�Gl NJ r�A �i .. � 1 3 A . I � � _:. � ..._...._.. ._. _ .. _ �. ...'_� . . . . � : �. . . 417.13 1 _.__ . ._ _._.�__.._._.__ . . _ , �•s �-� . . /.: . . . , . . '� . � . `./. : . - . � � --ii �� ..: '� . . . r • . . . � • : .. . _ . . f�i!� A : . .. . . . _ .. .. ... • . . . .. I . . . .. . . . . .. � . .. . . . . . . . ; -��- - - .. __. .�. � � . . g ,.! .. . . '.� :_. � . .. "[-�v � �' J �-t-� 5 . . . . , i . : . ~ - , ..: . _ � �3 , : . _ .a . . , 35� y�s. s_ -�� • � � . _ � .. . � . . ' � . � . � � . . r..s-. .. " . _ % : := - ._ - . .� ��` .. � . \ .�' ' ' ;• /. / . ! . . • f• , , . . ' / . . . . . . .. . .. . I . . . . % . . i � . . ♦ / � • i f � . . i . . . _ . . _ . . . � . . . � , � ' . . j . �g,- .... . .. __ . . .... . �,. � .. ;. . � - ... . . ; . .= �� . '� . N r M . . • " • . . . • . . � / . . ( • ' . . .. ..... . . / I • . . C r :i , � �_ 1. �3 aGP��+ � • G � ac�->,. � . � . .. .. ' � , p�R�E� ". . �� - . ,. , . . � _ .,� ,� ; ,.. � � o � �� " � -- . � , Z , � ' p ��Cu�- ,,� � . . . . � . - � � -� ` _ ' �3 c,l� �0 6: �.ob. .�.t.. " � , , - �� C 3 �-v�s/� � , . ' Qv�� 3� vov — ---: --- - - ,� � - - - • ; - . � , . i . . .... _ . . � ' � 3 �r �t- �.•� �ot �' .t/S.o�L�� . � I� ,. . - r� /�' i� � . Iq � � C.VJ �'r"O'r1�i. O,L �0��, ! ' . •� � �; " f, I � , . • . � � � _ . . , �: , , . _ l � � ,;, � � � . . :. . i .. ,. /� . . , �� {. ,� ;% ; l � � ;- -� � _, , , . , 1 ,. P ��c .� i � p-� ,,�,- . ,. ,; .. ; ,.. ' � I �� '` / ; ' . , �o t�� ,: , i o . 1 . ;. � . ,- , I N � ��- = � % I I � � � : '� . �/ � 1---- ' ' � �� -- _.� . ______ _._____ -' 33' - � -- 2 00' � � . ` — 217. 09� � ! � � VfRON ROAD i_ HiGHWAY 65 . ►� . � , ;. 0 . � 14 � PLANNING DIV1SlON � � �inroF MEMORANDUM FRlDLEY MEMO T0: John Flora, Public Works Director � MEMO FROM: Jim Robinson, Planning Coordinator Q� 1� MEMO DATE: October 28, 1985 REGARDING: Council Action Needed to Complete L.S. #85-07 Staff has reviewed the certified surveys for L.S. #85-07 and found them to be consistent with the zero lot line request approved by City Council on October 7, 1985. Additional stipulations which have now been completed include the amendment � to an existing covenant (which allowed only single family dwellings) and the execution of a new declaration of covenant�conditions and restrictions to allow for zero lot line duplex developments. It would be appropriate for Council to approve the resolution authorizing L.S. #85-07 and to authorize signatures from the Mayor and City Manager to finalize the new protective covenant. Upon final execution of the covenant it will be recorded at Anoka County. JR/dm M-85-120 Kent Roessler RFSOLOTION N0. - 1985 RBSOLIITION APPROVING A SBBDIYISION, LOT SPLIT, L.S. #85-07, TO COl�INE LOTS 1A AND 1B, BLOCR 1, Ii�IEN T$RRACB _ MID SPLIT TO ALLOW A DUPLE� TO BE SOLD IAIDIVDUALLY, AND AI.SO LOT 2 TO BE SPLIT AND LOT 3 TO BE SPLIT TO ALLOW DUPLEXFS TO BE SOLD INDIV IDIIALLY, THE SAME BEING 5586, 5570 AND 5560 FILLMORE STREET N.E. WHEREAS, The City Council approved a lot split at the October 7, 1985 meeting; and WHEREAS, such approval was to combine Lots 1A and 1B, Block 1, Iwen Terrace - and split to allow a duplex to be sold individually, and also Lot 2 to be split and Lot 3 to be split to allow duplexes to be sold individually, the same being 5586, 5570 and 5560 Fillmore Street N.E.; and � WHEREAS, the City has received the required Certificate of Surveys from the owner; and WHEREAS, such approval will enable the owner to sell duplexes With a zero lot line. ' NOW, THEREFORE, BE IT RFSOLVED that the City Council directs the County of Anoka to record this lot split within six months of this approval or such approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1985. ATTES T : RICHARD PRIBYL - ACTING CITY CLERK 3/7/3/ 14 Kent Roessler WILLIAM J. NEE - MAYOR 14A — - �� 7 � • +�. r..� `►•�/ . �.�, . � �` ° r f '�:� ; ,r� /.� ,+• .,�/ ��• .�� __ �.. , ---� � .tfAC�( MA ✓ � � _ ' J� � a ~%� t /�� ` S� •'� � :•: • ... J L.S. N85-07 5586, 5570, 5560 Fillmore Street N.E. Kent Roessler 146 1 ..� . I I��` ,•" ~ M A � wr „ i. � . ata � � J ~ � � � r r • �� ''. � '� �• �±/� �� ' �- � '�� _.Jl�i � dl�� 7 q ; �� _ �R 1� IOfi ��iJ � � � 10�( �1a�,1 � �� +� . � p�y • , '"-M�w-''"` 9 �'o � , � ,. ; -•.; '� `q, �,oe,� � � 't „ � „ � • , S G 9S l�d � s� •w„ � s�: . , �• � �o�r , -- --- � � h � r� ' � � •� r n M o��'„�,�, ` ' n,,, �,M1 � � � � 70 �;.�. ,� �, w � '...: - - _ '� � '� �i � ,. � �Q: •• . �v�s � r • � �y '11� �+, � f%d0 . ,; , R. ^ l�rn; �? � � Q �► � �? � _ , �i S �� ^'\I �'� � Q S • • i.. r � r., _ . 1� h' . a0 �10 .tODp /0�0 � 20 ' ' % • �,- t �� „ � � � �10� ' �� IOS� �Obp r � %wv �► i 7 t / J � - .'� ' ` r � � � U!L � ERS r�� r • � • � . •- � , t . , , . t .... Io�1 �oin ,+olr;1�� t• � ra.�� 1 1• i 1 r�� .y.�..�•�.�.•... ...r.�.w•M ,�� le ��Irp�, N�� 1121 � �1 ►�4� .,, _r.� ....�.,. ��.� �,, ai, ; : %. � �'- � . w+► �J ��LYNDE OR�V ,••• - � E ' � 9�0 Sd " ' • � � ., ,. .. I �� !'�+ �i..� ..�� .i�ifY'.•,�'e• � e �� , � , '�r � ��, • I ♦ l � 1jl� '� � �10�10� �f1 �f ♦ A / S � t� • .= a� � 1 , �♦ ; U �%� � � .� �► CC� �0/� .��•� •3 � � �, ' �_ • � � �/4/ / � � � I M// p � � . .� �s .r.., .r a.. ..i': .. – � � �' I 60 1 i I �.D � a`, ��` � V i � Q[/ "OI: ` �n a ! � 7 � � iN �. � J �7v, �/ � O' �- • in « �� !f!� ' - I�o � � t � r�yt f��// Jl..r. ' �Li'��1 � � _ �'� � � i7YI •/ L•I = _ I�r�l f+L js r ' � •�,. ' �c''1 __— \ �naw ,� ��57� s � R l E ss7o . `�. �' `�'n��°�u'nai' �` ssb�� d-�� : � _ . _ ts Gp ` •��r Al1�.a�,. SU �.. �- . � __ �..,....... � ,� �I�wr. - - " \ ��. VISION � �..;:,: � ti �` -.... •. �.,.,, � . ; �;k� , . 6 � ss �5 , --,... , . - -._.. .. . . . .�a�- ---- �- ` --� .'� " �. sSZ5 j ,,,, � `� � _ (�s._ � .�,f --- -�----- ............... ~ 7 ssoq � . ..._-------------�---•-- � '----•"._....... � �7J - ------------�--_..__---- N0. 2� ___ <��oq 8 - ;,�. - -� ..-, -, -" ,;.—'� .. ' . �•w+ ��v � ""'-----•--- -. ' ' ------ - .... ._,. _.... --•• � �' '� � - � - - - � `+. . . - \ ' d►,•: � ' _ :..r �.e;....�: •_ - - • • - . • - • - - . - . . � I. � -(/7l!�, 1 � //9f Gj � /�ss�� ''� Z/��j -- •----� . ................-� — w .. � � �� . .. . _ ...M • - - • • •' • -- • •- :� ...... ....... ..... ,�s ' . i"� �as ' . � '- • - � � ' 'i [ .r - .� . , ., .. . � � •^�� /z7� i : ~' �. 3. - � � .. - �" � , ` '�► =',"�- S/Y �% I . � ' , � � �� ! /AN) /.�ir,i � �/f/ ._ • -. �l _ � � �' IZ �""Q� �: � ' 4 _ ' �• -��204 �i�3o �� '-•�r� � - . � _ / � �� -.� � _ _ ; -- • . - i . �' /3�t � - - _ . � ' � � ' - . a /•3 � Y-�►= r-'- _ _ __' � �- _ ' � � � ' - - � � - - r - ' --�,. _ �. . �! w ti ,�� 4 •^ .�o--�- .l �NT j � j° ER �" -- - " ST .�_ � ' __ ZOCA �t�i�'�r , - - _� , _� .- -- ---t �'� �+ _ _ ..•. . _ . .•�i ti j I � � � � . � '. .: , � .• �s. �s5-o7 . 4,N Q` ,� • 86, 5570, 5560 � -- ,,'� r �� i�or�—.�treet N.E. � • I• • . � • �'ent �essllsr ' • %• � � / . . . . ,r � • . . �`. \ i . aa.G0�0 rtEFRGGE 6 � � ! � � � i � � ' ,/ '�� ( �• � � � Y � {'T ' �' • � / �.t"' ,:J » �s� ' � h J� � � ' �D ►- �V �� > > � • �• N J � \ � � Z � •' � � / ' v ., Z � Y . IR, �„ � .., „ � 0 • W J • i P AtE W:� ,� • f _�, li . ;! .. � � . / N ; , 3 - � - � 1� � �r . .r , � � Vl __ •i � .l �I �� . +-« Z � �.�.f > iI O '• " • t a�c � lti' • � �j -- - v t .ia+r i� � < � •�� • •.♦ . . � • • � � • • • • Cf! . !E L �� (, � � � DITOR S '�'�' ' �� ,. ... •. Dl'Y �✓ lO ' -- ---�Ta rF �O.h�� - _ OF � . QND � ' � g ��,��' 1 3 •�, . • UD/ R'S � �UBD/ , /S/ON �o sr 1 i � ( ' . � . , , Q ..� • � J'�� = i f. �� V , =N/� K A'L 4�u��/•,A �' ! ;� y . `� ` j�� •vt �CC �' I � �a �� , � °��: '�tt �a �i , � .� - ,� �� ; ,�`�� -.� � / � �� _ _IR�� --- ---_ ►+`�� I- � _-�r ' _ero. �_ Y �..oNE .•►•.. � `�Eg� �:�.•.•t.• :�. •. �. o�c , 6+� � t� P�: :!�o'd' S � Vt' � �1� �-' --�� : / • �� i � � � � � � ��s� , -. • . ��♦ .,..;....:,:..��a� �. : -. . . .. ... .... ,�. �'�'�'�'�sicis % 'f � , __� , ��P i�� 2 1 ♦ -� i • 1 � V K �, � , » Re --�+� +.f — —� • � r s r: � �. t � ,� , �-� - : i rZ J .t�. �Tr' "' � -- ` ��•- :, = f . . _ . Q � ;� . � •�i �� . f7. r + � � yO 9 ` � � � � •e �� 2! Z ` -' . l� J � . 2 � 1� ' 1 • � / �1 s s� t 1/ �� ; l - ,- - '� 2 „ , • E a , � � ' �. . • ..•.,. c ,1�. � � :� � LUN'�ZpNIN� �1A�_ � / � �`— `� _` `� . -. - � _ , 1�.4C0 CO!VSTRl1C1'I�1 LAND 3URVEYORS REGIST£RED UNDER LAWS OF Si'ATE OF MiNNESO'fA 7601- 73rd Avenue Pforth b60-9093 MinneapoW, Minnesota 65428 �trveyars ��rt�f�tait PROP0.SED DIVISI�I OF Lots t A and 1 B� INIE�t 1'ERRACE 1 I __ -- 3o4.3S -- - ,� �- --�o.o- ------- �� P A 4-� C E L� �.—,—r c�1 , � � . � �� `� ,v, � � � �-�- � r --�_ . � � - -- i �� d'7��"/-- � �1 �O \\ � ` -- J�4- `% � � � � \� ,� , �x�s'� ��:�� \ pF-1R�E� 8 , � , , J`_ S4. � (�dv C•n y✓ \ ` _- 1�0.p� ` � _ ._ - . 1, � a � ' N — -- 3odT 1� — SCALE I" d0' 0- DENOTES IRO; D Lot Split #85-07 Kent Roessler _ _ —� s� �, c _; � , � 1� � � � I -{ �I a� --�' � : -.� �. � � � � . PARCEL 4 - (13�541 Sq. Ft.) All of Lot 1B and that part of Lot 1A� Bl�ck 1� IWEV TERRACE lying North of the South 44.50 feet as measured along the East and West lines thereof. pARCF1 B - {13�536 Sq. Ft.) 7i�e Soutl� 44.50 feet of Lot, 1A, Biock 1� IWE'd TERRACE as measured along the East and West lines thereof. Tff� onN e�ssrtisnts slwwn ars hom olats of racord or Infonnatton rxevldwrf M �-. � C � � J , � REGISTERED UNDER LAWS OF SfATE OF MINNESOTA 7601- 73td Avenue Nocth �'g�3 K�V00 OONSTRl1CfIQ4 Minneapolis, Mtanesota 55428 Lot Sp1 i t#85-07 Survrgar� �irrlificatr Kent Roessler I � __ ,\ / � � / 1 j ln �r / ; d P� R c E��'�,�j o ► � �� ; `,__ U�,l.�y � Ih�,.,o�e �� E�,s�...P..� _ _ / - i � /� � � p� cZ c � �' / ��. , , � j � -- =��5� ' v. � pROPOSED DIVISI0.N OF Lot 2. Block 1, IWEV TERRACE -- 3o4,4-t -- -- ( N / ` �� , '� i`� i �i - - ' /�.� � , J 1 r� /� K � � H � (— I d I � , O -- 3od.0E3 - - �� (� -- 2��.0 - - " � � ' � Ki� � d� � _ _ zao.o -- - ' S __._ _. — —� � ` -- 303.�8-- "� ' � PARCFI. A - (13�229 Sq. Ft.) The North 43.50 feet of Lot 2, BlocJc 1�'IWEV TERR4CE as measured along the East and West lines thereof. PAR(�1. B-(13 � 225 Sq. Ft. ) That part of Lot 2, Block 1� iN'EV TERR4CE lying Snuth vf the North 43.50 feet as measured along the East and West lines thereof. T1r a�y sa�srtisnts slwwn �rs from plat� of rscord or iniomrtfon providsd by aw+c . �i �� l.� 0 L J � � 14" 0 - - - � - - AEGI�T�j[ED 17iVUEf�-GA�J i7r 3 c e47 � vr mac�t�eayv an 7601 • 98rd Avenue North b60-3093 ��,I� Minnespoli,, Mtnnewta 65428 Lot Sp1 it #85-07 � �trUeyDl's �ttt�ttt Kent Roessler U ( ~ -- �SC, -. � �� v � ta�vf% 1 r � ; a� A, �2 C, E � M'- U�, I.�,, �f D.t.,��,� I c� ',, E�. � e w. «,-1 _ _ N � I _,�, � 7i�pARCE IL � �� - -- �5 0 -- v � � 1 PROP06ED DIVISIaI�I OF Lot 3, Bl�ck 1� INfE.'d 7ERR110E -- 303.�6-- _ _ 't�►o.o -- -- 303. B8 — j -- Z�i EF.-- i�1 —� 1 l � `i �J -- 303.7�-- -- � � �5 ; � r� � �� -- � ' � ri � � � -t , — — — --�F � "_ I . � PARCEL A - (13�282 Sq. Ft.) ` The North 43.70 feet of Lot 3� Blcxk t� Ih'E'v TERR4CE as measured alnng the East and West lines thereof. PARCEI. B - (13,418 Sq. Ft.) That part of Lot 3� Block 1� IWE'd 7ER1t4CE lying S�uth of the North 43.70 feet as measured along the East and West lines thereof. 1 �T i , t'" V ' � 0 � L J J � Th� ony wernsnts slawn w hom plats of ncord a Inlormation pwfdsd by �� a�«,c. 14G DBCL�RATIOA OF CORIIANTS� CO�DI?IO�S �FD RSSTRIC?IOHS THIS DECLARATION, made this 2 3 r d day of o c t ob e r , 1962. �Y � T Kenco Construction, Inc. hereinafter referred to as "Declarant." WITNESSETH: �iHEREAS, Declarant is the ovaer of Land according to the recorded plat thereof situated in Anoka County, Minnesota. The Blocks and Lots contained therein are as follows: Lot lA�1B,2�3 Block 1 Iwen Terrace �HEREAS� Declarant intends Lo establish two family residential units on the aforesaid properties; Lot lA,1B,2,3 Block 1 Iwen Terrace � NOW THEREFORE, Declarant hereby declares Lo the City of Fridley that all of the properties described above shall be held, sold, and conveyed subject to the folloWing easements, restrictions, covenants, and conditions, xhich are for the purpose of protecting the value and desirability of these properties� and which shall run r+ith the real property and be binding on all parties having any right� title or interest in the described properties or any part thereof, Lheir heirs� successors and assigns, and shall inure to the benefit of each owner thereof and to Lhe City of Fridley, Minnescta. Page 1 URIQ.B I D�IBI?I01S For the purpose of this Declaration. the following terma aball have the �eaaiags herein ascribed to them: �ction 1. 'Li�ing Qnit• ahall meaa and refer to any portion of a residence building aituated upon the Properties designed and intended to u�e and occupancy as a residence by a aingle family. Section 2. •Lot• ahall mean and refer to any portion of land in the Properties upon which a Living Unit is aituated� whether or not the same is a platted lot. Sectioa 3• 'a+ner• shall mean and refer to the record o�ner, whether one or more persons or entities� of a fee simple title to any Lot xhich is a part of the Properties� including contract sellers and vendees, but excluding those having such interest merely as security for the performance of an obligation, and excluding those having a lien upon the property by provision or operation of law . Sectioa •. •Properties• shall mean and refer to the real property hereinbefore described. �R'TICLE II gpII.DIiiG �liD OSE RSSTxIC?I011S Sectioa t. Residential Oae. No Lot or Living Unit shall be used except for resideatial purposes. Page 2 14H � 141 Sectioa 2. io fozioua •eti�it�. No aoxious or offensive activies shall be conducted on any Lot or Living Unit� nor ahall anything De done thereon xhich aay be or become an annoyance or nuisance to other 0�►ners or to the City of Fridley. 3ection 3. GarDage aad RefUae Reso�al. No Lot ahall be u�ed or maintained as a d�ping ground for rubbish. Trash, garbage or other waste shall not be kept except in aanitary containers. Section �. 10 �aisala �ccept Peta. No fowl. animals or insects shall be kept on any Living Unit or Lot except dogs, cats and ot�►er common household pets� provided that they are aot kept, bred or maintained for any commercial purposes. Sectioa 5. Prohibitcd Structures. No structure of e Lemporary character, trailer� basement� garage or other Duilding except a permanent residence� shall be used on any Lot at any time as a residence� either temporarily or permanently. Sectioa 6. Hazardous Acti�itiea ProbiDited. No Owner shall engage in or permit any activities in his/her Living Unit� or maintain or permit any conditions in his/her Living Unit� which would be considered extra-hazardous by fire i�isurance companies or xould adversely affect the insurability of tie Living Unit which shares a party vall with his/her Living Unit. �RTICLE III P�RTT Y�LLS Section 1. General Rules of Lar to �ppl�. Each xa11 Which la built as part of the original constructicn of any Living Unit upon the Properties and placed Page 3 14J .,,. ...� C-viding line between Lwo (2) Living Units ahall constitute a party wall and to the extent not inconsistent with the provisions of this Article� tbe general rules of law regardiag party walls and of liability for property damage due to negligent or willttil acts or omissions shall apply thereto. ,ection 2. Shares of Repair and Maintenance. The cost of reasonable repair and maintenance of each party xall ahall be shared by the Orrners who make use of the wal] in proportion to their o�nership and use. 3ectioa 3. Deatruction b� Fire or Otber Caaualt�. If a party wall is destroyed or damaged by fire or other casualty or by physical deterioration� any Owner who has used the vall may restore it� and shall have an easement over the edjoining Living Unit for purposes of making auch restoration. and 1f other Oi+ners thereafter make use of the wall they shall contribute to the cost of restoration thereof in proportion to such use Without prejudice, houever� Lo the right of any such Owner to call for a larger contribution from other OWners under any rule of lar+ regarding liability for negligent or willful acts or omissions. Section �. YeatDerproofiag. NotWithstanding any other provision of this Article� any Owner Who by his/her negligent or Willful act� causes any party wall to De exposed to the elements or excessive heat or cold shall bear the Whole cost of ii�rnshing the necessary protection against such elements or heat or cold, and of repairing the party �+all from damage caused by such exposure. Section 5. 8i8bt Lo Contribution Runs rith Land. The right of any Owner to c;ontribution from any other Owrner under Lhis Article shall De appurtenant to the Lot and shall pass to such OWner's successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a Page 4 14K party vall, or under the provisions of this Article� each party ahall choose one arbitrator and auch arbitrators ahall choose one additional arbitrator� and the decision of a majority of all the arbitrators ahall be final and concluaive of the question involved. If either party refuaea or fails to promptly appoint an arbitrator� the aame may be appointed by any �udge of the Diatrict Court, Anoka County. Minnesota. Arbitration ahall De in accordance With the rules of the American Arbitration Association. Sectioa 7. Bncroact�ent. If any portions of a Living Unit or any Lot shall actually encroach upon any other Lot, or if any auch encroachment shall hereinafter arise because of aettling or ahifting of the building or other cause, there shall be deemed to be an easement in f avor of the owner of the encroaching Living Unit Lo the extent of such encroachment so long as the same shall exist. Section 8. MecLanica Liens. Each Ovner of a Living Unit ("Defaulting Owner") agrees to indemnily and hold harmless the Owrner of an ad joir.ing Living Unit for any mechanics' liens arising from Work done or material supplied to make repairs or replacements tor which the Defaulting Orrner is responsible. IRTICLS I: 0?HEA PROOI�I011S GOVERI�IING RELA?I09SHIP LNONG OY1�IERS OF �DJOIt7ING LIYINC U�ITS Sectioe 1. Insurance — Heplaceaent. Each Oxner shall maintain fire and eztended coverage insurance on his/her Living tTnit in the full replacement eo�t thereof and shall. in the event of damage to or destruction of his Living Qnit, restore it to the condition in which it xas prior to the damage or destruction� and each oWner ahall file a copy of said policy of insurance with Lhe other parties aharing the "Party liall.* Page 5 14L Sectioo 2. Maintenance. Each Or+ner of a Living Onit ahall maintain his/her Lot, and the exterior of his/her Liviag Unit in good condition and repair and in a clean and neat condition and aubject to all the conditions hereinafter aet forth in Section 3 and in accordance with all City Codes and ordinances. Stction 3. �rcbitectural Control. (a) The Owner of a Liviag Onit may replace exterior components of bis/her Living Onits xith aimilar components of the same design and color� and may paint the exterior of his/her Living Unit vith paint of the existing color of the exterior, but he/she may not, either in the course of ordinary replacement or remodeling or restoration after damage or destruction� employ different aiding or roofing material or a different color scheme, without the con�ent of the Owner of the edjoining Living Unit and of the City Council of the City of Fridley. (D) In the event of any dispute arising concerning a change in siding or roofing material or color scheme� each party shall choose one arbitrator� and the decision of a majority of all the arbitrators shall be final and conclusive on the question involved. The Arbitrators' decision shall be based on their determination as to xhether the proposed siding or roofing material - or color scheme is in harmony with Lhe design of the ad�oining Living Unit. If either party refuses or fails to promptly appoint an arbitrator, the same may be appointed by any judge of the District Court� Anoka County� Minnesota. Arbitration shall be in accordance with the rules of the American Arbitration Association. The cost of arbitration shall be borne equally by the parties. (C) The City of Fridley shall be notified in writing at least 30 days prior to any arbitration hearing and ehall have the right to present evidence regarding any architectural disputes in order to protect the health, safety and general velfare of its residents and the property values of the aeighborhood. Page 6 � 4M URICLB 9. G8K8RiL PROOISI0IS Section 1. Hnforce.�ent. Any Owner or the City of Fridley shall have the right to enforce, by any prceeding at law or in equity, or botD� all of the tarm� and provisioas of Article II aad Article IV of this Declaration, and the Owner of the Living Unit involved ahall bave the right to enforce. by any proceedings at law or equity, or both, all of the terms and provisions of Article III and IV of this Declaration. Enforcement shall be by proceedings at lau or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. The City of Fridley ahall not be entitled to recover damages but may obtain an in�unction or restraining order to protect the public health, �afety and general velfare. Section 2. Severabilit�. Invalidation of any of these covenants by �udgement or court order shall in no way affect any of the other provisions, Which shall remain in lL11 force and effect. Section 3. Amendsenta. These covenants are to run with the land and shall be Dinding on all parties and all persons claiming under them for a period of thirty years from the date Lhese covenants are recorded� after which time said covenants shall be sutomatically extended for successive�periods of 10 years unless an instrument signed by a majority of the then Orrners of the Lots and approved by Lhe City Council of the City of Fridley has been recorded, agreeing to change said covenants in xhole or in part. Pa.ge 7 lh �i7NE5S WHEREOF� the undersigned� Deing the Declarant herein, has caused these presents to be executed in its name by its P r e s i d e n t aad Na and its seal to be bereunt affixed this 23rd day of October , �g 8S . In Presence Of; ` S�- � i ::� f CHEN�wETH , • NG,� � •_u.�� i�NHESOTA 4�:oK:. cc,,Nnr Mr Cor.�m,�vn;. E,p�res lune 24, 1990 ��.�r� ��.�sT �i..�r_ Declarant 1 By �'`�" '�..J Its _ � And Its CITY OF FRIDLEY By Its Nayor By Its City Manager Page 8 14N S'1A1E OF NINNESOTA ) ) COU NT Y OF ) On this 23rd day of October � �q85 � pefore me a Hotary Public within and for aaid Couaty � personal ly appe ared ;� e n t R o e s S 1 e r _ snd Na � to me personally known� rrho� beiag each Dy me dul� avorn, did aay that they are reapectively the t1a President and the Na pr Y.enco Cc�nstruction, Inc. , the oorpo�ation named in the foregoing in�trument, and that the aeal affixed to aaid instrument is the corporate aeal of aaid corporation, and that said instrument xas signed and �ealed in behalf of aaid eorporation by authority of its Board of Director� and aaid � __�_.._��__��-- and acknawledged said instrument to be the free act of aaid oorporation. � n . � ` Y cN,� M �fi"cNOYlETH � . � � , N,'. .r . ; MiNNE$OTA � � ��y �.�. �:n COuNTY _ ' �`; M� Co�r. • E=a�es Junt 24, 1990 NOtat'y uD11C - ,r..,,,.f. STATE OF MINNESOTA ) COUNTY OF AIdOKA ) On this�3�day of D� , 19�`S before me a Notary Public within and tor said County� personally appeared .�y�,,� -��— and , to me personally kno�r►n, xho� being each by me duly sworn, did say that they are respectively the Mayor and the City Manager of Lhe City of Fridley� Minnesota� the municipal corporation named in the foregoing instrument, and that the seal affixed to aaid instrument is the seal of said municipality, and that aaid instrument was aigned and aealed in behalf of aaid municipality by authority of ita Council. and aaid and acknoxledged said instrutnent to be the free act of aaid municipality. 4`'��i SHIP,LEY G CHENOV1rETH ,�; _ NOTARY PU6UC � M►kNESOTA M1' �°'^"�+a� ExpCi►e Ju^ ne 24, 1990 3/t/t8/� �� Z� Notary ublic Page 9 140 15 RE5Q�[1TION N0. —1985 RESOLUTION GNING PRELIMINARY APPRO'VAL TO A PROPOSED HQJSING Rf.UENUE BCND PRQ7ECT UNDER MINNESOTA STATUTES, QiAFrIIt 462C r � BE 1T RFSC[,VID by the City Co�cil ( the "Cotncil" ) of the City of Fridley, Minnesota ( the "City" ) , as fallawS: l. It is hereby fo�uid, determined and declared as fcxlla�►s: - 1.1 �e Fridl� Square Plaza Li.mited Partnership, a Minnesota limited partnership ( the "Company" ), of which Loui s R. Lundgren i s a partner, has advised the Council that it desires to undertake a pr oj ect whi c.h o�nsi st s of the aoqui si ti on of lar�d and th e oonst r ucti on thereon o� a 12 story apartment oomplex with a 2 level underground parking ramp, and a 61 surfaoe parking facility ( the "Project" }, to be located on Lot 1, Block 1, Slyvan Hills Plat 7 and Lot 1, Block 1, Slyvan Hills Plat 6 in the City of Fridley, Minnesota. 2. On the basi would be in th2 "BOTIdS" f i na nce th $14,000,000. s of information cp.ven the City to date, it appears that it the best interest o� the City to issue Iiousing Reve�ue Bonds ( ) under the pcwisions of Minnesota Statutes, Qzapter 462C, to e Project in an amount presently estimated not to exceed 3. Zl�e Project and the related financing thereof by the City are hereby give� preliminaLy apprwal, and the issuanoe af the Bonds for such purpose and in such estimated amount is hereby approved, subject to the mutual agreement of the Q�uncil, the Company, and the initial purchasers of the Bonds as to the detail s and prov i si on f or payment of th e Bonds . In al l events, it is uic3erstood, hc�wever, that the Bonds shall not constitute a debt af the City or a tfiarge, lien or encumbrance, legal or equitable, upon any property of the City except its irrterest in the Project, and each of the Bonds when, as and if issued shall recite in substance that it is payable solely fran the revenues reoeived f ran the Proj ect and property pl edged to the payment thereof . 4. 7he acbption of this resolution by the Council does not cbnstitute a guarantee or a firm oommit�nent that the City will issue the Bonds as requested by the Company. The City retains the right in its sole discretiun to withdraw frcm participation and accordingly not issu� the Bonds should the C�ty determire that it is in the best interest of the C7ty not to cb s� or should the parties to the transaction be unable to read� agreenent rn the t�erms thereof . FASSID AND AD�FI'ED BY �3E QTY Q�DKZL OF THE CITY OF FRIDLEY TfiIS L1AY OF , 1985. W]I�L IAM J. NEE, I�1YOR ATI'F.ST: RIQiARD D. PRIB�, ACTING QTY Q.fRK 16 RESOLUTION NO. RESOLU2ION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUS- TRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT FOR APPROVAL AND AUTHO- RI2ING PREPARATION OF NECESSARY DOCUMENTS. ; _, BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: 1. It is hereby found, determined and declared as follows: 1.1. The welfare of the State of Mirrnesota (the "State") requires active promotion► attraction, encour- agement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State to facilitate and encourage action by local gov- e:nment units to prevent the economic deterioration of such areas to the point where the process can be re- versed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas. 1.2. Technological change has caused a shift to a significant degree in the area of opportunity for edu- cated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of the City, a large part of the existing investment of the community and of the State as a whole in educational and public service facil:ties will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and com- pensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population. 1.3. The increase in the amount and �ost of govern- mental services requires the need for more intensive development and use of land to provide an adequate tax base to finance these costs. 1.4. Columbia Park Properties, a Minnesota general partnership (the "Company"), has advised the Council that it desires to undertake a project which consists of the acquisition of land and the construction thereon of approximately 17,000 square feet of clinic and related medical facilities and of an approximately 254 stall parking facility (the "Project"), to be located at 6341 University Avenue NE in the City. 1.5. The contribute to land, thereby opportunities existence of the more intensive increasing the in the City. Project in the City will development and use of tax base and employment 1.6. The City has been advised by the Company and on that basis hereby finds that conventional, commercial . financing to pay the capital cost of the Project is available at such costs of borrowing that the Project would not be economically feasible and would not be undertaken but for the availability of industrial devel- opment bond financing therefor. 0 1.7. This Council has been advised by of the financial feasability of the Proj- ect, as so undertaken with the assistance of the City, or of its intention to purchase commercial or industrial revenue obligations of the City to finance the Project. 1.8. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds, notes or other obligations to finance the cost, in whole or in part, of the acquisition, construction, reconstruction, improve- ment, betterment or extension of capital projects con- sisting of properties used and useful in connection with a revenue producing enterprise, including the Project, and the issuance of such obligations by the City would be a suhstantial inducement to the Company to construct its facility in the City. 1.9. The City has been advised by O'Connor � Hanna:�, Minneapolis, Minnesota. who shall act as bond counsel to the City with respect to the Project, that the Project constitutes a"project" within the meaning of Minnesota Statutes, Chapter 474. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its obligations (the "Bonds") under the provisions of Minnesota Statutes, Chapter 474, to finance the Project in an amount presently estimated not to exceed S4,360,000. - 2 - 16A 16B 3. The Project and the related financing thereof by the City are hereby given preliminary approval, and the issuance of the Bonds for such purpose and in such estimated amount is hereby approved, subject to approval of the Proj- ect by the Minnesota Department of Energy and Economic Development (the "Department") and to the mutual agreement of the Council, the Company and the initial purchasers of the Bonds as to the details and provision for payment of the Bnnds. In a11= events, it is understood, however, that the Bonds shall not constitute a debt of the City or a charqe, lien or encumbrance, legal or equitable, upon any property of the City except its interest in the Project, and each of the Bonds when, as and if issued shall recite in substance that it is payable solely from the revenues received from the Project and property pledged to the payment thereof. 4. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7a, the Mayor is hereby authorized and directed to submit the proposal for the Project to the Depaztment for approval. The Mayor and other officers, em- ployees and agents of the City are hereby authorized to provide the Department with any preliminary information needed for this purpose and are further authotized to initi- ate and assist in the prepazation of such documents as may be appropriate to the Project and the financing thereof. 5. The adoption of not constitute a guarant City will issue the Bond� City retains the right i from participation and should the City determine the City not to do so or :his resolution by the Council does ee or a firm commitment that the as requested by the Company. The n its sole discretion to withdraw accordingly not issue the Bonds that it is in the best interest of should the parties to the transac- tion be unable to reach agreement on the terms thereof. Adcpted by the Fridley City Council on November 4, 1985. - 3 - WYEIISRr AIIENUE fE#VICE IIOAO � o � * � ; � ��s� .. �s�� > � o �� s � � � > > r � 1 r T � � � � <� � r V�� ; � � � ' '" a � r s � � � y > � � � � � O ��i � Iaooar.�i � Z ! n Q i � � > � p � � ( M M 1 i �• v � s � ) � ► p � ~ 16C � S E ��i �f� � �� m� , { z �' z � m � � � n �r 2 n � D � � 2 G� � a � � � m N � �L O L .-- � J �_ � � y .. - ,u y �' -� � m < a -� . � 17 RF5Q.VT?ON N0. -1985 A RESOLUTION ORDERING IMPROVEMENT, FINAL PLANS AND SP£CIFICATIONS, AGREEN�NT WITH ARCHITECTURAL FIRM F�R THE IES IGN AND INSPEGTIONS: C�I�2 QTY Z�1REE LEVII, I�JBLIC B�,RiCING F2AMP, PRQ7 DC� �158 WHFREAS, laesolutian No. 83-1985 ad�pted on the 7th day of October, 1965, by the City°Co�cil, set the date for hearings on the proposed improvenents as specif ically roted in the Notioe o� Hearing attadled thereto for ref erer.ce as Exhiblt "A". and. WHII2FAS, all o�f the property a+r�ers whose property is liable to be assessed with the making of these improvments (as noted in said notice) were given a minimwn of (10) days notice by mail and published notice of the Council Fiearing throuc� two (2) weekly �ublicatio�is of the required notice, and the hearings were held and the property a+►ners heard thereon at the hearings as noted in said notioe: NC�v', �i FREF�ORE, 8E TT RFSCLVID by th e Ci ty Coun ci 1 of th e Ci ty of Fr i dl ey , Anoka County, Minnesota, as fallaas: 1. �at the follaaing impravener�ts proposed by Council Resolution No. 82- 1985, adopted on the 7th day af October, are hereby ordered to be effected and v�mpleted as aoon as reasonablly possible, to-wit: Constructian of a three level reinforced ooncrete public parking ramp facil.ity oonsisking of ane level belaa gro�md and two levels above c�otmd. 7he structure is to be erected geryerally east of the Fridley Plaza Cl inic South af 64th Avenue (Fourmies Avenue) and west of Sth Street and North af the Fridley State Bank property in Fridley, Mirnesota. 2. Zhat the work invnlved in said improvenents listed above shall hereafter be desic�ated as: CII�TTER CITY TI�tEE LEVEL PARKING RAMP P%)JECT #15$ 3. �at the City Manager, Nasim M. Qureshi, is hereby authorized to retain the architectural firm of BWBR to design and prepare planned specifications and the inspections for the making of such imprwements at an approximate a�st af $41,000. 4. That the Public Works Director, John G. Flora, City Hall, Fridley, Minnesota. is hereby desic�iated as the F�gineer for this improvenent. He is au�thorized to prepare final glans and specifications for the making of such impravanents. PA.SSID AND ADOPrID BY �iE QTY QXJNQL �' ZHE QTY OF FRIDLEY THIS _ D�AY OF , 1985 . WII�L IAM J. NEE, I�1Y�R ATi'EST: RIQ�iARD D. PRIB�.� ACTIlJG QTY Q,FR.R RESOLUTION N0. - 1985 A RFSOLIITION URGING COKGRFSS TO S%BMPT OR SOSPEND P&RMIT x�QUIB$l�lENTS FOR l�1NICIPAL STORM iiATBR DISQiARGFS. IiHERFAS, Congress is currently considering amendments to the Clean Water Aet through H.R. 8 and S. 1128; and i�HEREAS, the proposed legislation would require the issuance of National Pollutant Discharge Elimination Systems For eaeh separate storm water discharge point; and WHEREAS, the Environmental Protection Agency (EPA) has estimated that the overwhelming majority of storm systems are relatively a minor pollution concern and deserve a low priority in comparison to other sources of Water pollution such as pollution from waste treatment facilities, major industrial plants or agricultural run-off; and WHERE9S, the EPA estimates the total cost oP permitting the more than one million separate discharge points in the country to be in excess of 8.5 billion dollars, or one billion dollars more than the Federal Government plans to contribute to water pollution treatment facilities construction over the next three years; and NHEREAS, the costs and difficulties which would be imposed by this amendment, if adopted, Would far exceed the benefit to our environment; and WHEREAS, to require municipalities to obtain permits and to regulate, monitor and/or treat storm sewer discharge is not feasible at this time. NAi THEREFORE, BE IT RffiOLVID, that the City Council of the City of Fridley hereby urges Congress to suspend or exempt permit requirements for separate municipal storm sewers pending a better understanding of (1) the problem of storm surface water discharges, (2) the need and best approaches to controlling storm water diseharges that need to be contr•olled, and (3) the cost implicatians to local taxpayers. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY QF . 1985. WILLIAM J. NEE - MAYOR ATTEST: RICHARD D. PRIBYL - ACTING CITY CLERK 6/ 113 18 ` FOR CONCURRENCE BY THE CITY COUNCIL -- CLAIMS 2� �_� I � November 4, 1985 Ciaims �005154 - 005376 FOR CONCURRENCE BY THE CtTY CQUNCII -- LICENSES 2� NOVEMBER 4, 1985 GAS SERVZCES Del-Air Conditioning, Inc. 9860 James Circle Bloomington, NIIi 55431 Hoffman's Inc. 135 East 3rd Avenue - Shakopee, MPd 55379 GENERAL CONTRACTOR Kloster Madsen, Inc. 9425 Syndicate Avenue Bloocnington, tu7 55420 Jack Lindahl 7800 Elm Street Minneapolis, MPd 55432 Lindstran Construction 9621 - lOth Avenue North Plymouth, t�l 55441 Market & Johnson, Inc. P.O. Box 630 Eau Claire, WI 54702 North Central Builders 7401 - 42nd Avenue North New Hope, MN 55427 HEATING Del-Air Conditioning, Inc. 9860 James Circle Bloomington, t�II�T 55431 Hoffman's Inc. 135 East 3rd Avenue Shakopee, MN 55379 By: Delton Strandberg By: Bret Hoffman By: Richard Hollatz By: Jack Lindahl By: Chuck Lindstrom By: Marv Market By: James Turner By: Delton Strandberg By; Bret Hoffman Y APFROVED BY WILLIAM SANDIN Plbg.-Htg. Insp. Same DARREL CLARK Chief Bldg. Ofc. Same Sar!ie Same Same �]ILLIAM SANDIN Plbg.-Htg. Insp. Same 21A I��i � FQ�'s CONCURRENCE BY THE CITY COUNCIL -- LICENSES 2� B November 4, 1985 RESIQENTIAL RENTAL PROPERTY Joseph E. Thomas 832 - 96th Ln. NE Blaine, MN 55434 and Michael E. Kolodjski 5256 - 197th Ave. NE Wyoming, MN 55092 Charles V. Westling 5536 - 7th St. NE Fridley, MN 55421 40CATION OF BUILDING 6400 Able Street 5536-38 - 7th Street UNITS 1 1 FEE APPROVED BY $12.00 R. H, Larson,FP6/ Housing Insp. 12.00 i !I '' FOR CONCURRENCE BY THE CITY COUNCIL '- ESTIMATES 2 2 November 4, 198� H 8� S Asphal t Company -1700 Industry Blvd. Anoka� NW 55303 FINAI, ESTIMATE . . . . . . . . . . . . . . . . . $ 19, 551. S3 Street Improveraent Project ST 1985-1�2 Beerr��n Services 69G0 Dixie Avenue East Inver Grove Heights, t�Sd 55075 City Recycling Program Fees for Months of June - August 1985 ...... a 2, u99.99 CIil DF FRID�EY ENGINEEkIN6 CcPARTr�NT 6431 UNIVERSITY AVENUE A.E. FRIDLEY, NINNES�TA 55432 ORTE: ND'JEMBER 4, 19E5 'C: �anora5le �!ayor a^d City Courcil C:t, c! frid?e�,� 6;11 J��:YE�S:tY P.•:er�E N.G. Fr;cie•�, ";��?SL�i 55432 22A R�: Esti�ate Nc. 7 (FINAt) Period E��ing: �OVEM6�R 4, 1965 Fcr: H& 5 As�halt, Inc. 110C Industry Eivd. An�ka, M�. �53U� STHTEM�NT OF tlQP,K - STREET IM�'RC'1EM��? f�Q�ECT ST, i985;1�2 ------------------------------------------------------------------------------------------------------------------------------------------ � Eati�ated linit QUG�NTItY TNIS TOTAL 10TA:. �u!+iRA�' I1EM Cuantity Price UNIT ESTI!1ATE QUAyTITV p!IOUN'. ------------------------------------------------------------------------------------------------------------------------------------------ •;c�a-: >:F:�cati.- 2 .,3�U.U(f Each Jfe:� :�:d ;ac�. Fc* Hy�rar,' S 10.00 ::u. Yc. i'aive °cr, i;�;us'we,t i0 75.U0 Eac� ;�' fi;,F �tc*o =ewe� 3� 17.50 l:n. Ft. :�' F�r' �:�* a 5e;;e� 40 16.50 Lin. Ft. ..c��:-L'.; �d:_� �asin '� 8 bGO.OL' Each ��jU�� t.'e.".E a": �1�� :.d=.iii14 �Q B.Si.�O L2Lh :�az;:^. E;:ava'�c� 1715 2.75 Cu. Vd. !',:tk Ez.3';st:�?, :9U0 O.bU Cu. Yd. :ra�.,:ar P;rr�w 5200 2,00 Cu� Yd. ;ps_:: tc rcw 550 G.SO Cu. Yt. ��d ?50�: 1.15 Sq, Yd. =:e�.,.e �c,:r.;e ...�t �:�� 5��t[er tlUO 2.60 Lir. ft. �o�_ret2 Cu�� a�,. dut:e- �-6I8 1�595 4.80 L:n. Ft. ...,..-e:E L:+�C ar�d o4::.� �-6:4 4A� �,Sv Lin. Ft. o` �ar,*e:e �rive�ay Ga>e�Fat 1J0 18.00 Sq. Yd. �on u e.e :a:ie� 5;,.�er 94 7.50 Lin. Ft. ;,�us�Fd ;'ec�: Fcr Dr:►e�Qys �'0 9.50 TZn Mate� Bfi 8.44 "!/6a1. tiy4'egz:e Base (Clas=. .'� b92G 7.35 ion .��tall �rick Mecia:� °avi�:3 2264 5.50 5y. Ft. 4" ��r,crete fialk 6366 1.�4 Sq. Ft. �itasinous Mater;al For ?ack Ceai 43?4 1.15 6a: =' :!sp"a:t Drtvea�y ��0 7.00 Sq. Yt'. �ea�:r,g :.�aurse M:.:��e 2752 15.75 Tan ;;.neer C��rse ';zt�.*F 17G1 15.00 Ton �:tu�in:�,:s !late►:a1 Fcr yi�ture 175 210.00 Tan Fer„a �;e,�cati�a 2 40i1.OJ Lu�p 5us =�r.:e ':�;s:a'.:a:i�^ ib'! 115 i1.0U L:n. f:. =�1 HD-r:;. Ffd'JEii,:YF! �^ N�P Han�hole 1 30Q.U0 Lus�, Su� --------------------------------------------------------------------------------- 1C TF��------ 0 � Q 0 0 0 i) G J U G a C V� C r� U q 0 4 i54 0 0 Q 0 a C 0 0 4 1 S J 17 2C9 se B J�i �EJS U SZUU 44C 6412 2735 1U903 ;! i22 91 U t+ 4426 7J� 2�45 143U 1644 3158 1856 3U7.? 0.2 4 U 2,60G.00 �O.OU 1,�75.QG 3,640.Oi; 1,�52.UG 4,Sr0.Of� 4,25�.OU 1JI�LJ��! U. GO l0,400.00 z,e��,ou I,443.BU 7,111. �`G 5?,3?�.4U G. G� 2,1?6.00 66Z.50 O.Oi� G.00 32,531.1U 4,.4'. UG 3,103.OU 1,644.5�� 11,SUB.OG 5:,313.50 2B, �70, L'0 64,533.04 BC.GC O.CU O.GO -------------------------- 5;,12,231.55 �"��N�Y; J ;;rigi^a. Ccntr�ct Aa.cu,t �;ntra:; AC�:t�crs :cr,trut �eds=t�c,.^.s ke�ised Cor.tract Accun; .'�:u� Cca;:Ietea T� �ate �;y.�rt fietairec c�1 O°� �ess Aao;;�;t �aid Previe�sly ' A!1G;,`NT �Uc THi� E:1I�A?E lAcccunt Code 1529-00-OOOi �:�,':F;CFiE C� irE Li,VTRACTOk f f337,565.25 f0.00 f0.00 5337,565.T5 S312,237.55 f0.00 f?92,d86.02 �i. � f14,551.53 : AEreby ce-tifv t�at the Mork. perforced �rd the �aterials supplied to date under the ter�s of the contr�ct for this p-oje:;, ar,� oii ��:h:ri:e� cAanges thereto, hive in u tual value under the contra�t af the i�o�nts shoNn on this est:cate ;a�c t�e f� ' q�anii!ies on the final esti��te are corrett), md that this estiu te is just znd torrect ard no ;ar; ot ,�e `A=: rt sti te° has Ceen received. � � r�-�-� ��r - - -- - - --------------� � D�te ------------------ , C ri_ ur's Fat':er�zed "neprese?titive (Titlel �=RTI=I�n?E L'� i�. E;G1NEEk ; rE�e�t ce�:if•; '��a; : nave arepa�ed or exa�ired this esti�ate, and that the contracto� is entitled tc pay�ent of this as*,icate ;:rde� .�e .,,,,.ra�; for re4erence oroject. Ci'Y 4F f=;;�_�Y, :'::FtLTCR 6': � ------ --- --------- - -- -- / ��ECked B� __y��J;%!?c�!_ __,�_u__-�`_ Oate __� !_ I "_ 4� kespe�tfully Sub�itted, ---i . F1ora,P.E.--------------------- lic iiarks �irector 226 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT - ENGINEERIlZG DNISION 6�+31 University Avenue N. E. Fridley, Minnesota 5543�42 Nov�ber 4, 1985 Honorable Mayor and City Council Ci ty of Fri dl ey e/o Nasim M. Qureshi, City Manager 6431 Universfty Avenue N. E. Fridley, 1��1 55�432 Couneil Members: _ ; � � , ��i� We hereby submit the Final Estimate for Paving Pro3ect #1g85-1&2 for H� S Asphalt, 1700 Industry Blvd., Anoka, Minnestoa 55303• We have viewed the Work under contract for the eonstruction of Paving Project #1985-1�2 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon aeceptance of the Work by your Honorable Body, and that the one-year contractual maintenanee bond commence on the date listed. Respectfully submitted, G. Fl ora, P. E. blic Works Director Prepared Checked JT: jmo 3/6/ 9/ 1 � 22C November 4, 1985 To: Public Works Director City of Fridley ;_'�, •� � � •, .�. _, •;� •: We, the undersigned, have inspected the above mentioned project and f ind that the work required by the contract is substantially complete in conformity xith the plans and specifications of the projeet. All def ieiencies have been correeted by the contractor. Also, the �rork f or Which the City feels the contraetor should receive a reduced price has been agreed upon by the eontractor. So, therefore, xe recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspeetion, that being November 1, 1985• � Jon Thompson, Construction Inspector � h ntractor Representative, (Title} JT.JMO 3/6/9/ 12 2 2D November �4, 1985 Paving Froject #1985-1&2 _; • � _ � � ; _I��I�I�� This is to certif�r that items of the work shown in the statement of work certified herein have been actually furnished and done for the above mentioned projeets in accordance w ith the plans and specif ications heretofore approved. The final contract cost is #312,237•55 and the final payment of �19, 551.53 for the improvement project Would eover in full, the contractor � s claims against the City for all labor, materials and other work done by the contractor under this project. I declare under the penal ties of per j ury that this statement is j ust and correct. H� S Asphal t Inc. � � "� � Contractor Representative (Title) JT: jmo 3/6/9/ 11 22E 0 r � From :he desk of NASIM QURESHI CITY MANAGER'S OFFICE ATE: October 24, 1985 UB.)ECT: Connie Metcalf Call to Mayor Nee Regarding SORT n rrora, TO ! � c , C�G�� MEMORANDUM JF-296 Connie Metcalf ind`cated they would like to meet with the City Council to discuss hou� rne City or its contractor can take over the SORT function. Please look into it and have your recommendations ready so we can pass them on to the Council before the November 4, 1985 Council Meeting. Thank you. NMQ/ms Ta: Nasim Qureshi From: � ohn Flora Dated: 10/29/85 The issue of what to do about S.O.R.T. will be taken up at the November 19th EQC Meeting. We have approached Mr. Bernie Beermann, our Recycling Contractor about the possibility of taking over the S.O.R.T. site. We are awaiting his response. JGF:jmo 2 �� a �`� � CITY Of fR1DLEY �. MEMO T0: FROM: SUBJECT: DATE & CODES: OIAECTORAT� Ofr puB��c woRKs MEMORANDUM .� ,�. � ,; �� Nasim Qureshi, City Manager John Flora, Public Works Director MOORE LAKE BASFU 1114185 PW 85-341 ., �_ r� � On November 4, 1985 at 10:00 a.m. in the Civic Center, we received proposals for installing vertical drains in the MoQre Lake BASFU. Two proposals were received: D.H. Blattner, the contractor who is presently doing Moore Lake, Phase II work, was the low bidder at $4,400.00. The ariginal estimate for this work was $11,000.00. There are funds available within the original grant project to accomplish this work. The work is necessary in order to improve the efficiency of the BASFU. Recommend the Council authorize the modification of this work with D. H. Blattner for $4,400.00. JGF:jmo Enclosure `,. _ �\ �� ;� ; , � DATE: November 4, 1985 FIRE DEPARTMENT MEMORANDUM MEMO T0: Nasim Qureshi, City Manager 85-11-2 �X .� �� - , r; ri'-��y�., c �� j FROM: t D. Aldrich, Chief ��, RE: Opticom The difficulties with MnDot, 3M and the City of Fridley regarding installation of the Opticom Emergency Vehicle Pre-emption System have been negotiated to a point of impasse'. Briefly, MnDot insists on certain controller modifications, and 3M has agreed to modify the equipment sold to the City at no charge to the City. MnDot has indicated additional charges to the City of Fridley as follows: Hwy 65 at Mississippi Street Hwy 47 at Mississippi Street Hwy 47 at 57th Avenue Hwy 47 at 73rd Avenue $ -0- 500.00 1,600.00 1 600.00 $ �;'lb�'� The total additional costs to the City is $3�700.00. At the present time the City has invested approximately $32,00O.00in the purchase of Opticom equipment. It is my recomnendation that the City authorize the additional $3,700 and proceed to complete this installation. RDA/el ��-<< 1�5CLUTDON N0. -1985 �,UTmN �.S �I�ATIl� �iE �FAIi�, �.S STAR AND TR IBUNE AS �iE QTY OF PRIILEY' S S�1D Oi�FICI�►L A�IS�►F'ER FC�R �iE YEAR 1985 WI�REAS, the City (b�cil haiss desic,p�ated the Fridley Focus Newspaper as the legal r�e�wsp�per cf the City ai Fridley far the year 1985, in avoorda�nce with Sectian 12.01 0� the Cl�art,�r af the City aE Fridleyj and WHFREAS, the City of Fridleiy frequently hns offidal bwiness fa publication occuring after the weekly dwtcnit� erta411�hed by the �'ridley Pt�cvs �ptcj and ' wHIItEAS, the Miru�eapalis 8tar and Tribune is a publi,�hed daily readily available and distributed in the City aE Fridleyj ani wH�REAS, the l�limaapolfs Star and Tribune allavs fa ibsas� to b� publi�h�d on a daily bnsis, thua er�blirg th� City aE Fridley to publiai� pualic raticts in a more timely �rmers NG�nT, ZH�RE, BE TP R�t.LVID tha�t the City Gbu�cil aEfic3ally de�ic�ate tht Minneapolis Sta�r and Tribune as the City of Fridley's second official r�ewspaper for the year 19a5. Pl�.SSID AND ADOPPID BY Zi3E CITY �UN(3L G�' 14iE QTY OF FRILGEY 'gIIS LyIY OF NCIV�BIIt, 1985. W'II,I�IAM J. I�E, I�►YqR AZTFST: RIC�iARD D. PRIB�,, ACl'Il� CITY Q,II2R � /' ;� ) � �-----�.� . \ �' � 6171 Kerry �ane N.E. Fridley, MN 55432 November 6, 1985 Larry Commers, chairman Housing and Redevelopment Authority City of Fridley bk31 University Av. N.E. Fridley, MN 55�+32 Dear Larry, Due to the icaminent relocation of our family in Northfield� I will no longer be able to serve on the Housing and Redevelopmerit Authority. Please accept my resignation� effective imrt�ediately. Serving on the H.R.A. has been a fascinating and satisfying experience. I have been pleased to serve my corranunity in this way and have er�joyed immensely my re].ationship with each oY the members on the Authority, our city officials, and our mayor Mr. Nee. Best wishes. Since ly, 9 � / v✓ / arolyn M% ven�d en � cc: Honorable William Nee Nasim Qureshi �� ,, _ � � CITY Of f RI DLEY MEMO T0: FROM: SUBJECT: OtAECTORATE OF PUBLIC WORKS DATE & CODE: MEMORANOUM Nasim Qures i, City Manager John F1ora,�Public Works Director COUNTY SOLID WASTE PROCESSOR AND TRANSFER FACILITY SI7ES ' 11/27/85 PW 85-358 � � o.-�a � c_. _o At the Anoka County Co�issioners meeting of November 26, 1985, they received the staff report on the alternate sites for a Salid Waste Processing Facility and Transfer Station Facility. The Environmental Consultant had recommended the elimination of the Fridley and Coon Rapids sites for any consideration due primarily to poor soils, and high water table. The Elk River site was designated as the primary and the Moka and Blaine sites as alternates for the Solid Waste Processing Facility. Two Blaine locations were approved as the potential Transfer Station site. Both locations are east of Highway 65 and north of 101st Avenue. JGF:JMO cc: Jim Robinson � � \�,` � Noveaber 19, 1985 �-� � . _ r: u � I � F��-� R► 85-173 • �L �< , ` C1VIC CENTER •(r331 UNIVERSITY AVE. �IDLEY, MINNESOTA 55432 • PHONE (612) 57 i_?-tSC� 4�oka County Commis�ioners Re: Refu�e Derived Fuela/ tnoka County Court House �ransfer Station Sites 325 E. Main Street � Anoka, !�i 55303 '� Attn: Mr. Tim Yantos Dear Mr. Yantoa: The City of Fridley commends the Anoka County Solid Wa�te Project Team and Board of Commissioners for the enormous task they have taken, to aelect a refuse derived fuel facility and xaste transfer atation Pacility. 1T�is attempt to reduce our need tor additional landfills, recycle our re�ources and protecting our sensitive enviro noe nt against adverse public aupport is to be congratulated. Mhile the City 9upports this task, we must respond that there are no acceptable vacant aites for this ty pe facility located xithin Lhe City of Fridley. 1�is especially applies to the proposed site north of 81at snd xest oP Main Strset. As summarized to the Board of Commissioners at the November 19th public hearing on the subject is9ue, the City of Fridley aas deeply involved in an analysis of its vacant industrial propertiea during the 1g81-83 tiae frame. Considerable inforoation was gathered and professional testimony received regarding the non-suitability of the soils� ground water, negativs park effect and the aafety concerns a�sociated with the Municipal xater systems obtained from the Nississippi River by the citiea of St. Paul and Minneapolis, plus the ground xater aquifers for the Metropolitan area. Attach�d zre copies of the Anoka County Soil and water Conservation and the Hydrologic Consultant Report oP Bruce A. Liesch 6 Aasoc. dealiag with the �oil, water, •nd ground water in the propos�d CouAty aite. While th� reports deal with the i�pact of hazardous waste, thay identify the extremelq poor aoil eonditions, hish sround water table� highly susc�ptible euth mantle, aurfaes water stfects to the cr�eks which bound the north and aouth aides of tbe site, impact to the northerly Springbrook Nature Center and ultimate aafety concern ot the Mlinneapolia and SL. Paul Municipal i�ater System�. In addition to the two reports, ths Anoka County Nealth Depart�ent officially took an advers� position to thia site baeed upon the aafety concern of soil and xater contaminatioa reaultipg from any waate facility being located Lhere. I hope this information will tLrther aupport the data obtained on the �a-auitability of the Fridley site for either a r�fua� derived tu�l� r�souree reoovery or xaste transfer tacilitys. iTie City hopea that a suitable and sate site caa Ds located within the Couaty tirhich Will aatisfy th�ir deair�d soals. Sinc�rely yours, '��L-��..�- Joha G. Flora Public Works Director JGF:JMO Enclosures 3/6/2/3 .�-,'; � (1-.:��1�� ., � RESOLUTION N0. - 1985 , ��.. A RESOLUTION URG�IG CODTGRESS TO E%BHPT OR SOSPBIID PSI�IIT REQOIREliE�TS FOR MUNICIPAL STORM WATSR DISCHARGE3. WHEREA.S, Gongress is.eurrently considering amendments to the Clean Water Act through H.R. 8 and S. 1128; and WHEREAS, the proposed legislation would require the issuanee oP National Pollutant Dfscharge Elimination Systems Permits for each separate man made storm Water diseharge point; and WHEREAS, the Environmental Protection Ageney (EPA) has estimated that the overwhelming majority of storm systems are relatively a minor pollution concern and deserve a low priority in comparison to other sourees of water pollution sueh as pollution Prom waste treatment facilities, major industrial plants or agricultural run-off; and WHEREAS, the EPA estimates the total cost of permitting the more than one million separate discharge points in the country to be in excess of 8.5 billion dollars per year, or one billion dollars more than the Federal Government plans to contribute to water pollution treatment facilities construetion over the next three years; and WHEREAS, the costs to be imposed by this amendment, if adopted, would place an unreasonable tax burden on urban residents in proportion to the benefit to our environment; and WHEREAS, to require municipalities to obtain permits and to regulate, monitor and especially treat storm sewer diseharge is not eeonomically feasible at this time. A' 0 Resolution on Storm Water Discharges Page 2 NOii 'THERBFORE, L� IT a&SOLIIED, that the City Council of the City oP Fridley hereby urges Congress to support the goal to improve and maintain the water quality of our creeks, rivers and lakes; and FURTHER BE IT RE30L11ED, that the City Council of the City of. Fridley urges Congress to support and initiate Legislation to achieve this goal; and FURTHER BE IT RgSOLVED, that any Legislative aetion dealing with municipal storm water systems be reviewed in light of the cost to the population and the teehnology available to maintain and obtain the desired water quality standards. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY 4F , 1985. ATTEST: RICHARD D. PRIBYL - ACTING CITY CLERR 3/6/1/1 WTLLIAM J. NEE - MAYOR �