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11/13/1989 - 5332� �.mr or FRIDLEY CITY COIINCIL MEETING �a� ATTENDENCE SHEET MONDAY NOVEMBER 13 , 19 8 9 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER � � � , � rs � � `� %'�3' 9' .�'� a "� cc j-r -� �i" 01 e A- �o Z�- � / ��C7 �AR.D � '� `c . ;. � . ; �� z �. �� , L �c <�.,,1 �_ ��1cs ��'-� N�-� � eR� Y/�v� ��D� �i� l�1 WY' � r �%,' , 2_ t �� rS��.,. � �� G� 3 �� G- %�� WILLIAM W. BURNS CITY MANAGER COUNCIL MEETING NOVEMBER 13, 1989 � � � FRIDLEY CITY COUNCIL �� NOVEMBER 13� 1989 - 7:30 P.M. FRlDLEY PLEDGE OF ALLEGIANCE: ' APPROVAL OF MINIITES: Council Meeting, October 23, 1989 ADOPTZON OF AGENDA: OPEN FORUM, VISITORB: (Consideration of items not on agenda - 15 minutes) PIIBLIC HEARING: Consideration of Public Hearing on a Rezoning, ZOA #89-04, to Rezone Lot 4, Block 6, City View Addition from R-2, Two Family Dwelling to C-2, General Business, the same being 5701 University Avenue N.E., by Ashland _Oi�_.�ompany (Rapid Oil) . . . . . . . . . . . . . . � � ;� . w. � ° � . . . . . 1 - 1J COIINCIL MEETIN(� OF NOVEMBER 13� 1989 PIIBLIC HEARINC� (CONTZNQED): Consideration of Public Hearing on a Rezoning, ZOA #89-05, to Rezone Outlot l, Nagel's Woodlands from C-2, General Business, to M-1, Light Industrial, the same being 990 Osborne Road N.E. by RMS Company . . . . . . . . . . . . . . . . . OLD BOSINE88: Consideration of Second Reading of an ordinance Approving tMe Combination of the Environmental Quality Commission and the Energy Commission . . . . . . . � �/ xEw sosirrESS- Consideration of Receiving the Minutes from the Planning Commission Meeting of October 25, 1989 . . . . . . . . . . � i � ` �v t� �� . . . . 2 - 2J t� . . . . . 3 - 3B . . . . . 4 - 4J Consideration of Receiving Items from the Appeals Commission Meeting of October 10, 1989 . . . . . . . . . . . . . . . . 5 - 5V A. Consideration of a Variance, VAR #89-26, to Increase the Required Lot Coverage from �� 40$ to 41.5$; to Reduce the Hardsurface Setback from a Building from 5 Feet to 3.5 Feet, to Allow the Construction of an Addition at 980 and 990 Osborne Road N.E., by RMS Company ......................5 - 5L c �,� -��`� �` � PAGE 2 COIINCIL ME$TING OF NOVBMBER 13, 1989 NEW BIISINE88 (CONTINIIED): Consideration of Receiving Items from the Appeals Commission Meeting of October 10, 1.989 (Continued) B. Consideration of a Variance, VAR #89-27, to Reduce the � Required Rear Yard Setback from 27 Feet to 21 Feet to Allow the Construction of a Porch on Lot 20, Block 1, River Edge Addition, the same being 1 Edge Way N.E., by nn th Anderso ..........5M - 5V a� � � � � � � Consideration of Entering into an Agreement � with Walter Rasmussen for Wildlife Use of City Land . . . . . . . . . . . . . . . . . . . . 6 - 6E � / � � d'- Consideration of Receiving and `/ Approving 1990 Anoka County / Communications Workshop (ACCW) Agreement . . . . . . . . . . . . . . . . . . . . 7 - 7F 1 � � Consideration of Amending Change �,�'� Order No. 1 for Street Improvement ti� Project No. ST. 1989 - 1 & 2 . . . . . . .C' . . . 8 - 8C � / � 6^ PAGE 3 CO[TNCIL 1d8ETING OF NOVEKBBR 13, 1989 NEW BIISINE88 (CONTINQ$D): PAGE 4 Consideration of a Resolution Certifying "Proposed" Tax Levy � Requirements for 1990 to the County of Anoka for Collection . . . . . . . . . 9 - 9A / � / �� Consideration of a Resolution Authorizing Changes in Appropriations for the General Fund, Grant Management Fund, HRA Reimbursement Fund, Cable T.V. Fund, Capital Improvement Fund, Civic Center Remodeling Fund and the Fire Buildings Fund for the Year 1988 . . . . . . . . . . . . . 10 - lOD � U � i � Consideration of Receiving Statement ��' � ; of Canvass for the November 7, 1989, b" l` General Election . . . . . . . . . . . . . . . . 11 - 11F / � U Consideration of Change Order No. 2 on West Satellite Fire Station for $2,365.00 for Fill Removal . . . . � . .'. . . . 12 - 12B 4 � � � � ��' � C� 54; `� � . ///yyy� � , �; � i �: ��' �' � �V � �� r / , �'� � (� � �l� ►/� � / COIINCIL MEETING OF NOVEKHBR 13� 1989 NEW BIISINESB (CONTINQBD): Consideration of Receiving and Approving Bids for Indoor Firing Range Ventilation System Project � � � � �: . . . . . . . 13 - 13B Consideration of Receiving and �`� Approving Bids for Indoor Firing { Range Equipment . . . . . . . . . .C` . . . . . . . 14 - 14A / / � Claims . . . . . . . . . . . . . . . . . . . . . 15 � �� 0"- V � Licenses . . . . . . . . . . . . . . . . . . . 16 - 16C � �%'�� ! 1/� Estimates . . . . . . . . . . . . . . . . . . . . 17 - 17F 1 ' „ �t / 1/ Adjourn: V � PAGE 5 i THE MZNOTES OF THB FRIDLEY CZTY COIINCIL l�t$ETI�6 OF OCTOBER 23, 1989 �. THE MINIITEB OF T8$ REQIILAR KEETING OF THE FRIDL$Y CITY COIINCIL OF OCTOBER 23. 1989 The Regular Meeting of the Fridley City Council was called to order at 7:45 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PROCLAMATION - NATIONAL BUSINESS WOMEN'S WEEK: Mayor Nee stated he has issued a proclamation proclaiming National Business Women's Week, October 15 through 21, 1989. APPROVAL OF MINUTES: COUNCIL MEETING. OCTOBER 2. 1989: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the deletion of Items 12, 13 and 15. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response business. PUBLIC HEARING• from the audience under this item of 1. PUBLIC HEARING ON THE ISSUANCE OF AN ON-SALE BEER LICENSE TO YUNG TAE HOE RESTAURANT AT 6440 UNIVERSITY AVENUE N.E.: MOTION by Councilman Billings to waive the readinq of the public hearing notice and open the public hearing. Seconded by Councilman FRIDLEY CITY COIINCIL MEETING OF OCTOBER 23. 1989 PAGE_2 Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Pribyl, Finance Director, stated this is a request for an on- sale beer license for the Yung Tae Hoe Restaurant at 6440 University Avenue. He stated a background investigation has been completed and staff is recommending approval. Councilman Billings stated the public hearing notice states the public hearing is to be on November 23, 1989 and questioned if this was the date published in the hearing notice. After checking the publication in the Fridley Focus, the hearing date published was November 23, 1989, therefore, it was determined that this notice was defective and the public hearing should be re-published and held on November 20, 1989. No persons in the audience spoke regarding the issuance of this on- sale beer license. MOTION by Councilman Billings to find the publication of the public hearing defective, close this hearing and order the public hearing to be re-published for November 20, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS• 2. ORDINANCE NO. 936 APPROVING A VACATION, SAV #89-04. TO VACATE THE WEST 27 FEET OF A 57.5 FOOT EXISTING EAST/WEST EASEMENT ON LOTS 7 AND 8. BLOCK 4, ONAWAY ADDITION. GENERALLY LOCATED AT 7890 HICKORY STREET N.E. BY DAVID LARSON• MOTION by Councilman Billings to waive the second reading of Ordinance No. 936, adopt it on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF A VARIANCE RE4UEST, VAR #89-24, TO INCREASE THE TOTAL SOUARE FOOTAGE OF SIGNAGE FROM 80 SOUARE FEET TO 110 ON LOT 1 BLOCK 1 COMMERCE PARK THE SAME BEING 7600 UNIVERSITY AVENUE N.E.. BY CONOCO, INC. (TABLED 10-2-89): Ms. Dacy, Planning Coordinator, stated this item was tabled at the last Council meeting in order for staff to determine if a variance for a sign greater than 80 square feet had been approved previously for this property. She stated in August, 1983, a variance request was filed to increase the signage from 80 to 183 square feet, however, this variance was denied. Ms. Dacy stated this variance request was originally for two free standing pylon signs each to be 110 square feet. She stated the FRIDLEY CITY COIINCIL MEETINQ OF OCTOBER 23, 1989 PAQE 3 petitioner has now reduced the request to one pylon sign of 110 square feet which would be 30 square feet over what the ordinance allows. Ms. Dacy stated both staff and the Appeals Commission recommend denial of this variance as it does not meet the criteria for a variance as outlined in the Sign Ordinance. Councilman Billings stated his primary concern was if variances had been issued in the past. He stated the current signage is 75 square feet and seems to be adequate for this station. Ms. Connie Lutton, District Manager for Conoco, presented photos of signs at other Conoco stations. She stated the signage they are requesting is a standard sign which Conoco uses nationwide. Mayor Nee commended Conoco for the attractiveness of this station, and stated he did not have a problem with the increased signage they are proposing at this particular location. He stated, however, if this variance was granted, it would definitely set a precedent and the Council may be obligated to grant other requests of a similar nature. Ms. Lutton stated she has taken pictures of other signs in Fridley which are greater than the 80 square feet allowed by the ordinance. She stated one such sign is for Bob's Produce. Mayor Nee stated some of the signs existed before the Sign Ordinance was adopted and they are, therefore, grandfathered such as Bob's Produce. Councilman Fitzpatrick stated what Ms. Lutton is doing is exactly what the next person would do if they requested a variance. He felt to grant the variance would set a precedent. Ms. Dacy stated an alternative may be to list two types of fuel on one side of the sign and the other two types of fuel on the other side to meet the requirements of the Sign Ordinance. Councilman Billings felt there are options available and even though he does not find the sign displeasing, it does not meet the code and there really is not a hardship. MOTION by Councilman Billings to deny this variance, VAR #89-24. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL ME$TING OF OCTOBER 23. 1989 PAQE 4 NEW BUSINESS• 4. CONSIDERATION OF RECEIVING THE BUDGET OF NORTH METRO CONVENTION TOURISM BUREAU: Mr. Hunt, Assistant to the City Manager, stated according to the agreement with the North Metro Convention Tourism Bureau, the Council reviews their budget. He stated Mr. Cook, Executive Director of the Bureau, is here this evening to review the budget and answer any questions from the Council. Mr. Cook, Executive Director of the North Metro Convention Tourism Bureau, stated this is the beginning of the Tourism Bureau's fourth year. He stated occupancies for this year to date are averaging 66.9� which is an increase over 1988. He stated income through October has also increased about 16$ over last year. Mr. Cook stated he felt these figures would be higher if construction was not in progress on I-694. He stated this has been devastating, particularly to Fridley properties. Mr. Cook stated an income of $290,000 is anticipated for 1989 and $25,000 will be placed in a contingency account. He stated the total 1990 budget is $310,000. He stated the Tourism Bureau has qualified as a Destination Marketing Organization for the State of Minnesota and is eligible for a joint venture grant to attract more Canadian, North Dakota and Wisconsin visitors to the metropolitan area. He stated $80,000 has been budgeted for advertising for 1990 and $24,500 will be received from this grant for a total of $104,500. MOTION by Councilman Fitzpatrick to receive the budget of the North Metro Convention Tourism Bureau. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 27, 1989: A. CONSIDERATION OF SETTING A PUBLIC HEARING FOR NOVEMBER 13, 1989 ON A REQUEST FOR A REZONING, ZOA #89-04, TO REZONE LOT 4, BLOCK 6. CITY VIEW ADDITION FROM R-2, TWO FAMILY DWELLING TO C-2.GENERAL BUSINESS, THE SAME BEING 5701 UNIVERSITY AVENUE N.E. BY ASHLAND OIL COMPANY jRAPID OIL)• MOTION by Councilman Billings to set the public hearing on this rezoning request for November 13, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL l+lB$TING OF OCTOBER 23. 1989 PAG$ 5 6. CONSIDERATION OF RECEIVING THE MINUTES OF THE PLANNING �OMMISSION MEETING OF OCTOBER 11, 1989: A. CONSIDERATION OF SETTING A PUBLIC HEARING FOR NOVEMBER 13 1989 ON A RE UEST FOR A REZONING. ZOA �k89-05. TO REZONE OUTLOT 1 NAGEL'S WOODLANDS FROM C-2. GENERAL BUSINESS TO M-1 LIGHT INDUSTRIAL. THE SAME BEING 990 QSBORNE ROAD N.E., BY RMS COMPANY: MOTION by Councilman Schneider to set the public hearing on this rezoning request for November 13, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING THE COMBINATION OF THE ENVIRONMENTAL OUALITY COMMISSION AND THE ENERGY COMMISSION: Ms. Dacy, Planning Coordinator, stated this request was initially recommended by the Council at the September 18, 1989 meeting. She stated this matter was reviewed by the Environmental Quality Commission and the Energy Commission and they recommended the Council pursue combining these two commissions. Ms. Dacy stated the Planning Commission also recommended the two commissions be combined. Ms. Dacy stated if these two commissions are combined, it would change the composition of the Planning Commission which would have two at-large members for a total of seven. She stated the newly combined commission would also consist of seven members. Ms. Dacy stated most of the City commissions have five members, but the Environmental Quality and Energy Commissions wanted the flexibility of starting with seven members. MOTION by Councilman Billings to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Councilman Billings stated on Page 6Z, under Section 6.03 (1), Line 8, the word "the" should be changed to "other" and on Line 9, the word "or" should be changed to "of". He stated also on Page 6EE, Section 4(B), line 10, the word "on" should be changed to "of". Ms. Dacy stated the corrections should be made on Page 6Z, the actual ordinance, however, the information contained on Page 6EE was background material submitted to give the Council a full perspective of the changes. MOTION by Councilman Billings to amend the ordinance as follows: Section 6.03 (1), Line 8, changing the word "the" to "other" and on Line 9, changing the word por" to "of". �RIDLEY CITY COIINCIL BTINQ OF OCTOBBR 23. 1989 PAG$ 6 Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meetings of September 27 and October il, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. CONSIDERATION OF A O�NE YEAR EXTENSION FOR FRANCIS ANDERSON, 7748 ELM STREET N.E.: MOTION by Councilman Billings to approve a one year extension to the Council action taken on October 15, 1979 and extend this deadline of October 15, 1989 to October 15, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 87-1989 TO ADVERTISE FOR BIDS FOR CITY WIDE CURBSIDE COLLECTION OF RESIDENTIAL RECYCLABLES: Ms. Dacy, Planning Coordinator, stated this resolution authorizes the advertising for bids for curbside collection of residential recyclables beginning January 1, 1990 through December 31, 1990. She stated the City is in the process of developing a long range solid waste strategy, therefore, the bid specifications do not include any expansion of service and there are no major changes to what is now being done. MOTION by Councilwoman Jorgenson to adopt Resolution No. 87-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF AN AGREEMENT WITH HOWARD NEEDLES TAI�II�IEN � BERGENDOFF (HNTBj, TO LOCATE AND DESIGN A 1 MG ELEVATED WATER RESERVOIR AT LOCKE PARK: Mr. Flora, Public Works Director, stated the Water Distribution Study identified the need for a 1 MG water reservoir to be located in the Locke Park area. He stated this reservoir would provide adequate water pressure and fire protection and with Target's expansion, they are interested in improving their fire safety requirements. He stated Target has indicated they would fund the design of an elevated water storage tank at Locke Park for an amount not to exceed $50,000. Mr. Flora stated staff is requesting the Council enter into an agreement with HNTB to investigate and design a 1 MG elevated water reservoir for $39,000 plus any soil investigation costs not to exceed $5,000. FRIDLEY CITY COQI�TCIL MEETINQ OF OCTOBBR 23. 1989 PAGB 7 Councilman Schneider suggested possibly if the design is on schedule with a minimal number of change orders, this could be reflected in the compensation, however, if design plans are incomplete and there are problems in the bidding, penalties could be assessed. Mr. Flora stated this may be considered in order to expedite the satisfactory completion of the design of the reservoir and expedite the construction. He stated HNTB felt the reservoir would be completed by mid-summer, 1991. He stated Target would like it completed by October, 1990. Mr. Flora stated in discussions with HNTB, it was felt they could expedite the design and specifications. MOTION by Councilman Schneider to authorize entering into an agreement with HNTB for the design of a 1 MG elevated water reservoir at Locke Park. Seconded by Councilman Billings. Mr. Burns, City Manager, stated, hopefully, answers will be received to all the unknowns in order that construction can begin as soon as possible. He stated, however, all water projects have to be analyzed and details worked out before proceedinq with construction. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF CHANGE ORDER NO. 14, FRIDLEY MUNICIPAL CENTER PROJECT NO. 189• Mr. Flora, Public Works Director, stated this change order consists of Proposal Requests and Work Orders for the Municipal Center and Work Orders for the Fire Department. He stated the change order amends Proposal Request No. 20 and Work Order No. 1949. Mr. Flora stated this change order also includes amendments to the Municipal Center contract for Kremer and Davis; the Roanoke Buildinq contract for the Fire Department; and the Seefert-Heins Landscaping contract for the HRA ramp. MOTION by Councilman Fitzpatrick to authorize Change Order No. 14, Fridley Municipal Center, Project No. 189. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 88-1989 TO ADVERTISE FOR BIDS FOR PARKING RAMP SECURZTY SURVEILLANCE SYSTEM: Mr. Burns, City Manager, stated this resolution would authorize the advertising for bids for the parking ramp security surveillance system. FRIDLEY CITY COIINCIL ME$TINQ OF OCTOBER 23, 1989 PAa$ 8 MOTION by Councilman Schneider to adopt Resolution No. 88-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF CHANGE ORDER NO. 2 FOR CONSULTING CONTRACT: This item was deleted from the agenda. 13. CONSIDERATION OF RECEIVING THE SUPPLEMENTAL APPROPRIATION FOR 1988• This item was deleted from the agenda. 14. RESOLUTION NO. 89-1989 AUTHORIZING CHANGES IN ESTIMATED REVENUES AND IN APPROPRIATIONS FOR THE GENERAL FUND FOR THE YEAR 1989• I Mr. Pribyl, Finance Director, stated this resolution appropriates proceeds from donations to the receiving department's budget. He stated $35,586.25 was received from various civic organizations in the community. Mr. Pribyl stated the contributors include Super America, Fridley Jaycees, Fridley Lions Club, Fridley VFW Post 363, and the Northwestern Tennis Association. MOTION by Councilwoman Jorgenson to adopt Resolution No. 89-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CONSIDERATION OF A MOTION TO APPROVE THE HIRING OF A COMPUTER CONSULTANT• This item was deleted from the agenda. 16. RESOLUTION NO. 90-1989 AUTHORIZING THE TRANSFER OF REMAINING FUNDS FROM THE WATER BONDS DEBT SERVICE FUND TO THE WATER ENTERPRISE FUND: MOTION by Councilman Schneider to adopt Resolution No. 90-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. APPOINTMENT: CITY MANAGER'S SECRETARY: MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manager: FRIDLEY CITY COIINCIL I�IEETING OF OCTOBER 23. 1989 PAG$ 9 ` .M.io Roberta Collins POSITION Secretary to the City Mgr. Range 2 (Exempt) STARTING SALARY $1,762.07 per month STARTING DATE REPLACES Nov. 1, Lynda 1989 Averette Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. CLAIMS• MoTION by Councilman Billings to authorize payment of Claims No. 28752 through 29099. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 19. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office, with the exception of the on-sale beer license for Yung Tae Hoe Restaurant, 6440 University Avenue N.E. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Insituform Central, Inc. 17988 Edison Avenue Chesterfield, Missouri 63005 Storm Sewer Pipe Repair Project No. 194 FZNAL $STIMATE . . . . . . . . . . . . . . . $ 24,799.72 Civic Center Remodeling Pay Application #13 Through 9-30-89 . . . . . . . . . . . . . . . $196,560.10 Newquist & Ekstrum Chartered 6401 University Avenue Northeast, Suite 301 Fridley, 1rIId 55432 For services rendered for Month of August 1989 . . . . . . . . . . . . $ 8,265.00 FRIDLEY CITY GOIINCIL M88TZNa OF OCTOBER 23, 1989 PAGE 10 AEC Engineers & Designers 511 Eleventh Avenue South Minneapolis, MN 55415 1.5 MG Concrete Reservoir Repair Project No. 193 {Inspection Services) Estimate No. 1 . . . . . . . . . . . . . . . $ 2, 053 .90 3.0 MG Concrete Reservoir Repair Project No. 192 (Phase I) (Inspection Services) Estimate No. 1 . . . . . . . . . . . . . . . $ 3 , 865. 00 Gammon Brothers, Inc. 13845 Northdale Blvd. Rogers, MN 55374 Street Improvement Project No. ST. 1989 - 1& 2 Estimate No. 6 . . . . . . . . . . . . . . . $ 70, 845. 30 Gunderson B others 2325 Snelli�g Avenue Minneapolis, MN 55404 1989 Miscellaneous Concrete Curb, Gutter & Sidewalk Estimate No. 4 . . . . . . . . . . . . . . . $ 4, 841. 58 JMG Contracting 5141 Abbott Ave., S. Minneapolis, MN 55410 3 MG Concrete Reservoir Repair Project No. 192 (Contractor) Estimate No. 1 . . . . . . . . . . . . . . . $111, 400. 00 J. T. Noonan Co., Inc. 3601 48th Avenue North Brooklyn Center, IrIId 55429 Corridor Maintenance Project No. 190 Estimate No. 6 . . . . . . . . . . . . . . . $ 4, 980. 70 � FRIDLEY CITY COIINCIL 1�IE$TING OF OCTOB$R 23. 1989 PAGE 11 TMI Coatings, Inc. 2805 Dodd Road St. Paul, MN 55121 1.5 MG Concrete Reservoir Repair Project No. 193 (53rd Ave. & Johnson) (Contractor) � Estimate No. 1 . . . . . . . . . . . . . . . $ 87, 258. 00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 23, 1989 adjourned at 8:37 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � � cinr oF F�� DATE: TO: FROM: C0INLMUNITY DEVELOPMENT' DEPARTMENT MEMORANDUM November 7, 1989 �.� William Burns, City Manager � Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: P�blic Hearing for Rezoning, ZOA #89-04, Ashland Oil Company, 5701 University Avenue N.E. Attached is the staff report for the rezoning request, of a 40 foot by 140 foot vacant lot adjacent to the existing Rapid Oil parcel, from R-2, Two Family Dwelling to C-2, General Business. The City Council set November 13, 1989 as the date for the public hearing for the rezoning. Staff recommends that the City Council conduct the public hearing. The first reading of the ordinance regarding the rezoning, however, should not be scheduled until after review of the results of the soil tests. BD/dn M-89-685 _ 1A � STAFF REPORT APPEALS DATE C�� APi��' CaN/N:$$1�1 �14�r 2�Sept��J�er 27, 1989 FRIDLEY (�Tlf OOI�J� DATE : November 1'3,1 1989 �THpq BD/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE OENSITY PRESENT ZONING ADJACENT LAND USES E► ZONNG UTLRES PARK DEDICATION ANALYSIS FNVANCIAL NVIPLICATiONS CONFORMANCE TO COMPREF�NSNE PLMI COMPAT�ITY WITH ADJACENT USES � Z�OPING ENVIRONI�AENTAL COI�SDERATION�S STAFF RECOMMEI�ATION APPEALS RECOMMENDATiON �; PLMhING COMMISSION �� ' x x��AT10N �, ;s� #� ZOA �i89-04 Ashland Oil Co. (Rapid Oil) To rezone Lot 4, Block 6, City View Addition, from R-2 to C-2. 5701 University Avenue N.E. N/A N/A C-2, General Business C-2 to the north and south; R-2 to the east; University Avenue to the west. On site. N/A Within a proposed HRA redevelopment area Yes Yes Potential soil and ground water contamination Approval with stipulations. k' .,, . Staff Report ZOA #89-04, Ashland Oil Page 2 REQUEST The petitioner is requesting a rezoning for Lot 4, Block 6, City View Addition from R-2, Two Family Dwelling to C-2, General Business. The purpose of the rezoning request is to make additional property available in order that the reconstructed Rapid Oil facility west of the subject property can meet the required setbacks and requirements of the C-2 zoning district. SITE The subject property measures approximately 40' x 140' and was originally platted in 1887. The property is currently vacant and is bounded on the west by the existing Rapid Oil facility, and to the east by a vacant single family dwelling. Both properties are owned by the petitioner. The property is a double frontage lot, with 57th Place along the north side and 57th Avenue along the south side. ANALYSIS In reviewing this rezoning request, the City should evaluate whether or not the intent and the uses permitted in the C-2 district would be compatible with adjacent zoning and uses. The C-2 zone exists to the north and south of the site along the east side of the University Avenue frontage. The intent of the original zoning pattern in this area appears to be to provide areas for local convenience uses for the neighborhood to the east of the commercial frontage as well as to provide commercial services for the travelling public along University Avenue. Given that the existing zoning and uses to the north and south is also zoned C-2, and the property to the south is zoned C-2, zoning Lot 4 would not be contrary to the existing pattern. The uses proposed in the C-2 district will not be compatible with the surrounding uses and zoning. The size of the property dictates that it must be combined with the existing structure on Lots 1 through 3. Therefore, the primary purpose of rezoning Lot 4 is to gain additional lot area and footage to bring the reconstructed oil changing facility into compliance with current ordinances. It will also provide area for the required screening fence along the east lot line. Policy Considerations Staff has advised the petitioner that the City has limited the use of automotive related uses in IiRA redevelopment contracts (i.e. Vantage Companies development) along University Avenue. The intent 1C Staff Report ZOA #89-04, Ashland Oil Page 3 of this effort is to avoid a"gasoline alley" image along major thoroughfares through the City. The HRA will consider its redevelopment plans for this site when the soil testing is completed on the site and the extent of the contamination is known. Approval of the rezoning is conditioned upon compliance with the stipulation of Rapid Oil's special use permit, which includes that the site must be cleaned according to MPCA standards prior to issuance of a building permit. Light Rail Transit Staff has forwarded a copy of the site plan to BRW, Inc. to provide comments regarding the proposed light rail transit route. Comments should be reviewed by� Wednesday evening for presentation to the Planning Commission. RECOMMENDATION Planning staff recommends the PZanning Commission recommend approval of the rezoning appl.ication, ZOA #89-04, with the following stipulations: 1. Compliance with the site plan submitted with the application. 2. Compliance with all the stipulations of the special use permit request, SP #89-12. 3. Approval of the special use permit request, SP #89-I2. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the rezoning request, ZOA #89-04, subject to the stipulations recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends the City Counci hold the public hearing as required. Action on the rezoning ordinance should not take place until the results of the soil tests are received and reviewed. PUBLIC HEARING BEFORE THE CITY COUNCIL 1D Notice is hereby given that there will be a Public Hearing of the , Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, November 13, 1989 at 7:30 p.m. for the purpose of: ' Consideration of a Rezoning, ZOA #89-04, by Ashland Oil Company (Rapid Oil), to rezone Lot 4, Block 6, City View Addition from R-2, Two Family Dwelling to C-2, General Business, the same being 5701 University Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: November 1, 1989 November 8, 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 1E pLANNING COMMIBSION ISEETING. B$PTEMBER 27. 1989 - PAGE 2 MOTION by Mr. Barna, seconded by Mr. Saba, to inue on the table special use permit, SP #89-11, by rthodox Church of the Resurrection of Christ. �PON A VOICB VOT VOTING !►YE, CSAIRPERSON BETZOLD DECLlrRED THE MOTION IINANIMODSLY. 2. PUBLIC HEARING• CONSIDERATION OF A REZONZNG ZOA �k89-04, BY ASHLAND OIL COMPANY (RAPID OIL): To rezone Lot 4, Block 6, City View Addition, from R-2, Two Family Dwelling, to C-2, General Business, the same being 5701 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOQSLY AND THE BQBLIC HEARING OPEN !►T ?:3� P.M. Ms. Dacy stated the property is located on the northeast corner of 57th Avenue and University Avenue, immediately east of and adjacent to the existing Rapid Oil facility. The property is vacant and measures approximately 40 ft. in width and 140 ft. in depth. At the September 13, 1989, meeting, the Planning Commission considered a special use permit by Ashland Oil to reconstruct a new facility on the property. The site plan included in the agenda packet is a revised site plan which meets all the setback requirements and lot area requirements in the C-2 district. Ms. Dacy stated the petitioner is proposing to relocate the access drives into the site so that the parking setbacks can be met. Two existing driveway cuts into the property will be removed. Ms. Dacy stated that in evaluating a rezoning request, the City should look at whether or not the proposed district is compatible with existing zoning and uses and whether or not the uses contained in that district would be compatible with adjacent properties. The existing zoning pattern in the area is C-2, General Business, along the east side of University Avenue, abutted by R-2, Multiple Family, or R-1, Single Family, to the east. Because this proposed request would merely extend that commercial zoning 40 ft. to the east, the rezoning should not have an adverse impact to the adjacent uses or zoning districts. Ms. Dacy stated that in the Staff Report on page 2, 3rd paragraph, the first sentence under "Analysis" should be changed to read: "The uses proposed in the C-2 district will � be compatible with the surrounded uses and zoning." Ms. Dacy stated staff had advised the petitioner that the City has limited the use of automobile-related uses along major entrances into the City, mainly University Avenue. The City has implemented this policy primarily through the use of its development contracts 1F pLANNZNG COI�Z88ION KEETING. BEPTBl�iHER 27. 1989 - PAGE 3 with the HRA, specifically on the Vantage property development at 81st Avenue where The Wholesale Club is located. The HRA is currently studying the 57th Place site as a potential redevelopment site; however, the HRA wants to wait to evaluate the soil tests currently being conducted on the site to determine whether or not a redevelopment project should be pursued at this location. Ms. Dacy stated that regarding the issue of light rail transit, staff sent Ashland Oil's site plan to BRW, the consultant for Anoka County, and received BRW's comments back on Tuesday, September 26. Anoka County is looking for a station location to the south of the site where SuperAmerica and the used car lot are located. That is the first priority. Whether or not the station is located there depends on future decisions as to whether or not the LRT will go over Z-694 or will go underneath the bridge at I-694. The second alternative would be to locate a station on the subject property. BRw's comments, however, were that it was very early in their planning process to make any commitments at this time, but they were encouraged to see that the Rapid Oil building was moved farther to the east. That would give them additional room if additional area is needed beyond the University Avenue right-of- way at this location. Ms. Dacy stated that at this time, the proposed site plan does not conflict with the intent of the plans for the LRT; however, the petitioner should be aware that the site is a second alternative as a station location. Ms. Dacy stated staff recommends the Planning Commission recommend approval subject to three stipulations: 1. Compliance with the site plan submitted with the application. 2. Compliance with all the stipulations of the special use permit request, SP #89-12. 3. Approval of the special use permit request, SP #89-12, by the City Council. Mr. Jack Lemley, Ashland Oil, stated he is representing Rapid Oil. He stated he did talk to BRW that day, and it was his understanding after talking to them, that it is going to be quite awhile before the LRT is built. Their guess was about 10 years. He stated, as pointed out by staff, they are setting the building back where it should not cause any problems for a future LRT. Staff has done a very good job in helping them lay out these plans. Mr. Lemley stated he has no problem with any of the stipulations proposed by staff. 1G ' pL�NNING CO?�DiI88I0Id l�[EETIIda. BEPTF.I°LER �� - 1989 - P71GE � O�i TION by Mr. Saba, seconded by Mr. Barna, to close the public hearing. OPON 71 VOICE VOTE, 11LL VOTZ�TG J1Y8, C87�►IRPBRBON HETSOLD DECI.�RED THE MOTION C�RRIED IINl1NIMODSLY. OM TION by Mr. Kondrick, seconded by Mr. Barna, to recommend to City Council approval of rezoninq request, ZOA �89-04, by Ashland Oil Company (Rapid Oil) to rezone Lot 4, Block 6, City View Addition, from R-2, Two Family Dwelling, to C-2, General Business, the same being 5701 University Avenue N.E., with the followinq stipulations: l. 2. 3. Compliance with the site plan submitted with the application. Compliance with all the stipulations of the special use permit request, SP �89-12. Approval of the special use permit request, SP �89-12, by the City Council. OPON A VOICE VOTE, !►LL VOTING I1YE, C8l�ZRPER80N BETZOLD DECL�►RED THE MOTION CARRIED IIIdANIMODSLY. Ms. Dacy stated the City Council will establish a public hearing date on the rezoning at their October 23, 1989, meeting, so both the special use permit request and rezoning reqvest will go to the City Council on November 13, 1989. 3. CONSIDERATION OF AMENDMENTS TO THE CITY SIGN CODE: Ms. Dacy stated staff welcomed any proposed changes, c ents, or suggestions to the amendments as proposed by staff. Mr. Betzold referred to #36, "Special Event", er Section 214.02, DEFINITIONS, which states: "An event ch occurs within a designated time period on an annual ba '". He suggested it be changed to read: "An event which occ s within a designated time period for instance on n nnua s' " Mr. Barna referred to Section 4.07.O1.B (Changeable Siqns) which states: "The message shall t change more than once every fifteen (15) minutes except for a qn displaying time, temperature, and/or date." He stated it sh ld be changed to read: "The message shall not change more than ce every fifteen (15) minutes excect for the dis la of time m erature an or date." The present wording sounds like a' n displaying time, temperature, and/or date can change more n every fifteen minutes. Mr. Sab referred to Section 214.06.03 (Political Siqns). He stat he would like to see a reduction in the maximum allowed size f political siqns (32 sq. ft.). ZOA #89-04 Rapid Oil N//2 SEC. 23, T 30, R. 24 . C/TY OF FR/OL£Y 2i ( 7 12 �1 I M/N GORNfR u , � � I � .�. � � t--- - �- - - - r , �V -'--- „' +� p� � � •-if d:l �` i P // I i i s � ;�� ts � , ¢ rf z + s � � - � - � 2 ts 3 !P ' 3 1 �� lMp�� " 7 t.•se s w • ipi0 � i/S l? 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N MEI �.r-+'j = � riw rr�i i s •)�Is • ��4�a';r �IM.K �,% +'' ' ` Q � � ;'i°;�� -,? _�� -��°I ^I�'� ��I�'I��•��'{'ll��l%��.✓t ►p M, 1•r `s° ♦ � •�� ♦ ' �� — i I t Oi i De ��ZOI locatton of �xistin� �l�l " ��G �� id Oil �� 24 � 23,; �� U LOCATION MAP ZOA #89-04 xap�a o�i 1 � ZONING MAP `r��\�■��rlda�idiib\ � � ■■� a � if � ■ 1 i � i��t��■� �r �. 1 1 1. � �• ■�■ ■��■�Li.i ��d`\rr��r�rbJ�rlr�ii`�r 1 1 ■�\��r��r�lr\��/��h�r\t��aal1!• t: . �6i�i 6r��rr��r�r��r�rr�r��rr�. � ■� I • I ` � / " F i�� I 1 • ■ � I � � ��w�e�e��e�.. t. : ! • "��i�r ■��1.` 1 � 1 • = Y i • �r : r�: r / / � I • 1 ,' I. / : h �r 1 I • I� �1 .' 1 � � 1 ; 1 ��i 1 .` I V I � I.'� ► -.� . ` ■��\�� ZOA #89-04 ' Rapid Oil — . . .. � •. 0 ' ' �{' . _M • ,' � . �� ' K • � .I � � � � .. � 1 Y, �� M � �� , \ � • • / � 1 �� s-. � � � � `t � � � . .�...� � i . � � � � +� ,� � 1 il � ! N ' � � . • � ' � � .� � � I �. » . • f{ � ,� y �u , I �� ' .. � � � � � � , � � ( .. . , p � . ; '.0. � �, � i � o � , � , s 1- ; � ' �N , , � �� .. .. � i I . � �' - . I � � � .1._. _ _ ' � " . - - _ �.,..r : �. . , .. .. ��_ _ _ _ _ _ . "� ..� 4 . � � � � + _. ._ . ��_ � � • • .. . •,�, � - �m�no� h,��an�n�. � � c�nroF F� �� DATE: TO: COlNIMUNITY DEVEL�PMENT DEPARTMENT MEMORAN DUM November 7, 1989 ��. william Burns, City Manager�• FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Rezoning Request, ZOA �89-05, by RMS Company Attached is the staff report for the rezoning request, ZOA #89-05, by RMS Company. The City Council set the public hearing date for the rezoning for November 13, 1989. Staff recommends that the City Council conduct the public hearing. MM/dn M-89-686 / 2A � STAFF REPORT APPEALS DATE �'�� p�qK� Cp��gg� pq� : October 1 1, 1989 FIV��LI G1Y OOI�VqL DATE : Notem�ier� I�, 19989 �RUTHOR �/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZ E DENStTY PRESENT ZONNVG ADJACENT LAND USES �► Z�%:iV� �E$ PARK DEDICATION ANALYSIS FTIANCIAL NNPLICATIONS CONFORMANCE TO COMPREF�NE PLAN COMPATBIL�TY WfTH ADJACENT USES & ZC)NNG ENViFiONMENTAL CON.S�ERATIONS STAFF RECOMMEt�ATION APPEALS RECOMMENDATION PLANN�VG COMMISSION RECONNMENDATiON ZOA ��89-05 RMS Company Rezone from C-2, General Business to M-], Lt. Industrial 990 Osborne Road N.E. 10,500 sq. ft. N/A C-2, Genera� Busiaess M-1, Light ?n�'.usCrial to west and south; Spring Lk. Pk. to north; C-2, General Business to east. On site N/A N/A Yes Yes None Approval with stipulations. r Staff Report ZOA #89-05, RMS Company Page 2 REQUEST RMS Company, located at 980 Osborne Road N.E. is requesting to rezone Outlot 1 of Nagele's Woodlands from C-2, General Business to M-1, Light Industrial, the same being 990 Osborne Road N.E. SITE The outlot is currently zoned C-2, General Business. Adjacent uses to the site are M-1, Light Industrial to the west and south, and additional C-2 to the east. RMS Company is requesting the rezoning in order for the expansion of their existing building at 980 Osborne Road to be in compliance with the Code. The petitioner is also applying for a variance to increase the lot coverage and reduce the hardsurface setback from the building. ANALYSIS In analyzing whether a rezoning should be granted, the City should evaluate whether the proposed zoning district will be compatible with existing uses and zoning. The outlot is a very small parcel within and adjacent to a second larger parcel of C-2, General Business. However, the two lots are currently surrounded by M-1, Light Industrial. Therefore, the rezoning of the outlot would be compatible with existing uses and zoning. It is possible that the M-1 zoning east of the C-2 zoning would be rezoned to C-2, making the VFW a conforming use. However, the uses would still be compatible. Given the parcel's small size and given it will be used for a small portion of the proposed addition to the RMS building and as a parking area, rezoning the parcel to M-1 is appropriate. RECOMMENDATION Staff recommends that the Planning Commission approve the request, ZOA #89-05, by RMS Company, with the following stipulations: 1. A grading and drainage plan shall be submitted for approval prior to the issuance of a building permit. 2. A landscape plan with underground irrigation shall be submitted for approval prior to the issuance of a building permit. 3. The rezoning of Outlot 1 of Nagele's Woodlands shall be contingent upon approval of the variance request, VAR #89-26. Staff Report ZOA #89-05, RMS Company Page 3 PLANNING COMMISSION ACTION The Planning Commission voted unanimously to reconunend approval of the request, ZOA #89-05, to the City Council with the stipulations as recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 2C � �_�J PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, November 13, 1989 at 7:30 p.m. for the purpose of: r Consideration of a Rezoning, ZOA #89-05, by RMS Company, to rezone Outlot 1, Nagel's Woodlands from C-2, General Business, to M-1, Light Industrial, the same being 990 Osborne Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: November 1, 1989 November 8, 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 2E CITY OF �AIDLSY PI.ANNING COlrIISI88I0I�1 KEETZNG, OCTOBER 11, 1989 .._..... CALL TO ORDER• Chairperson Betzold called the October 1, 1989, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• � Members Present: Don Betzold, Dean aba, Sue Sherek, Alex Barna, Paul DahZberg Members Absent: Dave Kondrick Others Present: Barbara Da , Planning Coordinator Michele Pherson, Planning Assistant Jock Ro rtson, Coaununity Development Director Donal Tessmer, RMS Company Stev Hardel, RMS Company Ja Andrea, 670 Janesville Street, P te Shifstrom, 8420 East River Road, Coon Rapids hris Denardo, 10715 Linnet Street, Coon Rapids � MoTION b Mr. Dahlberg, seconded by Mr. Saba, to approve the Septemb 27, 1989, Planning Commission minutes with the following amendm t on to the motion on page 11, item 5: "seconded by Mr. Saba" should be changed to "seconded by �Ir. Dahlbera". !r VOICE VOTE, liLL VOTING AYE, CSAIRPERSON BET20LD DECLARED KOTION CARRIED IINANIIiODBLY. l. PUBLIC HEARING• CONSIDERATION OF A REZONING ZOA #89-05, BY RMS COMPANY• To rezone Outlot 1, Nagel's Woodlands, from C-2, General Business, to M-1, Light Industrial, the same being 990 Osborne Road N.E. _ Mr. Dahlberg excused himself from discussion and voting on this issue, because he is the architect for RMS Company. OM TION by Mr. Saba, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearinq. IIPON � VOICE VOTE, ALL VOTING 11YE, C8!lZRPERBON BETZOLD DECLARED THE MOTION CARRIED l�1ND THE PDBLIC HE!lRIIdG OPEN AT 7:32 P.M. 2F pL�NNIHG CO?QiI88ZOH !ffiETI�G, OCT. 1�. 1989 - P�GE 2 Ms. McPherson stated RMS Company currently owns the building at 980 Osborne Road, which is adjacent to 990 Osborne Road. The small outlot is zoned C-2, General Business. RMS Company is proposing to construct an addition onto their existing building and a minor portion of that addition will encroach into the outlot, therefore, the petitioner is requesting the outlot be rezoned to M-1, Light Industrial. Adjacent parcels in the area are currently zoned M-1, Light Industrial, including the parcel with the existing building. Ms. McPherson stated that since the existing building is on M-1 property and adjacent parcels to the west and south are also zoned M-1, it would be appropriate to rezone the small outlot to M-1, Light Industrial. This will allow RMS Company to add onto their building and be in compliance with the Zoning Code. The remainder of the parcel will be used for employee parking. Ms. McPherson stated staff is recommending the Planning Commission recoaunend approval of the rezoning request with three stipulations: l. A grading and drainage plan shall be submitted for approval prior to the issuance of a building permit. 2. A landscape plan with underqround irrigation sha21 be submitted for approval prior to the issuance of a building permit. 3. The rezoning of Outlot 1 of Nagel's Woodlands shall be contingent upon approval of the variance request, VAR #89-26. Mr. Tessmer stated he had nothing to add. He stated they are in agreement with the stipulations as outlined by staff. MOTION by Mr. Barna, seconded by Ms. Sherek, to close the public hearing. OPON A VOICE VOTE, ALL VOTIIdG 11Y8, CHliZRBER80Id BETZOLD DECL�RED T8E I�LOTIOId C!►RRIED IIN!►I�IZMODBLY. Mr. Barna stated the Appeals Commission recommended approval of both variances requested by RMS Company on October 10, 1989. He stated he had no problem with the rezoning request. MOTION by Mr. Saba, seconded by Mr. Barna, to recommend to City Council approval of a rezoning, ZOA �89-05, by RMS Company, to rezone Outlot 1, Nagel's Woodlands, from C-2, General Business, to M-1, Liqht Industrial, the same being 990 Osborne Road N.E., with the following stipulations: 1. A qradinq and drainage plan shall be submitted for approval prior to the issuance of a building permit. 2G � ��.!►NNING COMMISSION IiEETI2�iG, OCT. 1�. 1989 - Pl�QE 3 2. A landscape plan with underground irrigation shall be submitted for approval prior to the issuance of a building permit. 3. The rezoning of Outlot 1 of Nagel's Woodlands shall be contingent upon approval of the variance request, VAR #89-26. IIPON !► VOZCE VOTE, I►LL VOTING 7►YE, CiUIRPERBON BETZOLD DECLARED T8E KOTION CARRIED IINANZMOIIBLY. Ms. McPherson stated that on October 23, 1989, the City Council will set a public hearing for this item on November 13, 1989. 2. QUALITY COMMISSION AND ENERGY COMMISSION: Ms. Dacy stated that this subject was discussed by Commission several months ago. The Environmental Energy Commissions are now embarking on a solid waste process by interviewing various employees from othf counties regarding their approach to recycling. �� the anning Q ity and ct-finding r cities and Ms. Dacy stated a factor in that fact-find' g process is the ability to get quorums on both commissions. at has been a factor for the last year. Ms. Dacy stated at a recent Council m� initiated this request. The Energy Quality Commission have reviewed t 6 of the City Code regarding Comm' : was the proposed changes along iti where the proposed changes wo d be. :et' g, Councilmember Billings mmission and Environmental . proposed changes to Chapter ions. Included in the agenda a copy of Chapter 6 showing Ms. Dacy stated, essential , the Environmental Quality and Energy Commissions would be co ned into one commission and would have seven members. The i act cn the Planning Commission would be that there would b five members plus two at-large members appointed by the Co cil. She believed that is consistent with the Planninq Commissi 's original discussion and direction. Ms. Dacy stat staff would like the Commission to review the proposed cha es to Chapter 6, recommend any changes, and direct staff to s edule the first reading of the ordinance to change Chapter 6 efore the City Council on October 23, 1989. Mr. Sa stated both the commissions would like the membership to stay t seven members. It will help in beinq able to have a quorum fo meetings. ZOA 4689-05 RMS Compan N //2 SEC. /, ' cirr oF 2 2 + 2i �►� 1- M m I � I 1 MR� f�L 1 S[G � . 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ME---'-M�-- ____�---�' ... �L(M s�c •c �� „ , . � O '� LOCATION MAP ZOA #89-05 RMS Company ZONING MAP ,�� ZOA #89-05 1• •� �!I !:fll I I■!1 C ir [/ 11 � / il II �I L ��° �" $�! a�� i� � o _§Q . I YN. �� .a � �g �� R� � y � � � � + : : 11 � �. N , �§ O�N �vM �� • � � � �g�� . �� ~� �� 4 a � � 4�� r _ __ �► � � ;i�11i1 lil I;'I � I' �., , � � i. ! � � .�, ! I , � � � � � � i �.� .. 4 � 4� ; � . i . '., � I I � �u .s ` - 0 9 N) � " � ;, i � ~ ' . - �.........._ � � , .............. � � � �_ , �� : ± � ��:�� ' ., , ; �, \ � j � �:�:. . . ' . � � ..--: .:::� . :'�:� , 1 \ \ \ � _ .. �� i�f �' �� `�� a � 4 tl --- — ,;� — . . � � i- � i� � � .� +..�. ,.s k � Vt 1K � � SITE PLaN � � c�nroF F�a� DATE: TO: COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM November 7, 1989 ��. William Burns, City Manager �• FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Lisa Campbell, Planning Associate SUBJECT: As per your Commissions, City Council meeting. The Second Reading of the Ordinance Amendment to Chapte� 6. Commissions of the City Code request, please find the attached ordinance, Chapter 6, of the City Code, to be approved by the for a Second Reading at the November 13, 1989, The changes to the ordinance affect the composition of the Planning Commission and the Environmental Quality and Energy Commissions. The revision expands the membership of the Planning Commission by two (2) , from five (5) to seven (7) . The purpose of this expansion is to form a commission of an odd number of votes and to provide for an expanded representation of citizens beyond the chairs of the existing commissions. This revision also combines the Environmental Quality Commission and Energy Commission into one seven (7) member commission. This commission will be named the Environmental Quality and Energy Commission. The purpose of this action to combine the commissions is to bring greater resources to the goal of developing a long range solid waste policy. Staff Recommendation Staff requests that the City Council complete the second reading of Commissions, Chapter 6, of the City Code. Upon completion of the second reading, staff recommends the Council act to order a publication of the ordinance. LC:ls M-89-684 ORDZNANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY COD$, CHAPTER 6, ENTITLED �'COMMISSIONS" HY 11MENDINQ SECTIONS 6.01.03, COMPIISSION TITLBB; 6.03.04.A., 6.03.O�.B., PLANNING COMMISSION; 6.05.01., 6.05.02.A, 6.05.02.B, BY ADDING 6.05.02.C, EN9ZRONMENTAL QIIALITY AND ENERGY COMMISSION; AND DELETING 6.08 ENERGY COMMISSION The City Council of the City of Fridley, Anoka, Minnesota, does hereby ordain as follows: . SECTION 6.01 COMMISSION TITLES �73. Environmental Quality and Energy Commission. SECTION 6.03 THE PLANNING COMMISSION 04. Membership of Planning Commission A. The Planning Commission shall consist of the Planning Commission chairperson, the chairperson of the Parks and Recreation Commission, the chairperson of the Appeals Commission, the chairperson of the Environmental Quality and Energy Commission, the chairperson of the Human Resources Commission, and two (2) members-at-large. (Ref. 871) B. The chairperson of the Planning Commission and two (2) members-at-large shall be appointed by the City Council to serve for three year terms as voting members of the commission. The City Council shall stagger the appointments so that no more than one (1) of these appointments shall expire in any one (1) year. Nothing herein shall prohibit any of these three Planning Commission members from serving on other commissions; however, none of these three shall be elected as chairperson or vice-chairperson of the member commissions. SECTION 6.05 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION OI. Purpose The Environmental Quality and Energy Commission is established to stimulate interest in and to promote an awareness of environmental and energy concerns among citizens and businesses of the City of Fridley; to serve as a resource to 3A An ordinance Recodifyinq the Fridley City Code, Chapter 6, ��Commissions�� Page 2 the City in the conservation and management of energy and the environment, including information on environmental problems, laws, policies, and regulations of the county, metropolitan, state, and federal levels to the extent of their effect on Fridley; and to advise the City Council, the City Manager, and other appropriate City commissions on matters pertaining to conservation and management of energy and the environment, including the review and reconumendation of programs and policies within the City. 02. Scope A. The Environmental Quality and Energy Commission shall act as an advisory commission to the Planning Commission for continuous community planninq and development of the comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies mustbe reviewed by the Planning Commission which will then make recommendations to the City Council. B. The Environmental Quality and Energy Commission shall advise the City Council, after a policy reviewed by the Planning Commission, in the development of programs to give increased effectiveness and direction on implementing established city goals and policies, nd recommend actions as needed relevant to the conservation and manaqement of environmental and energy resources. C. The membership of the Environmental Quality and Energy Commission shall consist of seven (7) residents appointed by the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER 1989. WILLIAM J. NEE ATTEST: SHIRLEY A. HAAPALA, CITY CLERK First Reading: October 25, 1989 Second Reading: November 13, 1989 • n � CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 25, 1989 _ .............r...........r.....................,..,.........................,......_...,................................._..............,......_.._�....._.. CALL TO ORDER• Chairperson Betzold called the October 25, 1989, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Alex Barna, Paul Dahlberg Members Absent: None Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant APFROVAL OF OCTOBER 11 1989 PLANNING COMMISSION MINUTES: MOTION by Mr. Barna, seconded by Ms. Sherek, to approve the October 11, 1989, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTiNG AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOOSLY. 1. CONSIDERATION OF REVISED SITE PLAN FOR OSBORNE CROSSINGS, SBF DE'VELOPMENT CORPORATION: Ms. Dacy stated Mr. Farrell has requested that this item be tabled because he wants to review the changes in the site plan with the tenants who have signed leases. He is concerned about the legal implications to these tenants and wants to make sure they will accept these refinements. The tenants signed leases based on the original plan approved by the City. Ms. Dacy stated she would like the Commission to discuss some other changes to the site plan that have been discussed with Mr. Farrell. She would also like to give a brief overview of what the HRA is considering. Ms . Dacy stated the Commission had received a revised site plan for Osborne Crossings. The changes staff wanted Mr. Farrell to address were those expressed by the Planning Commission: the type of access from the site back to Commerce Lane, and to try to improve the circulation out of the site onto the frontage road. / � PLANNING COMMI88ION MEETING. OCT. 25. 1989 _ PAGE 2 The revised plan provides a full movement access from the site to Commerce Lane. Ms. Dacy stated staff reviewed the site plan with Mr. Farrell, and staff was concerned about the stacking distance from Osborne to the three lane intersection. Staff asked Mr. Farrell to look at an option of shifting the driveway farther to the south in order to accommodate more stacking on the frontage road and going both directions on Osborne Road. Since that discussion yesterday, Mr. Farrell has sent over two variations of that. Ms. Dacy stated that under this plan, if the 3 lane driveway is farther to the south and if the center spaces in front of the theater become 9 x 18 (assuming the City Council changes the ordinance on parking stall widths to 9 ft.), Mr. Farrell can provide 309 spaces--4 spaces short of the 313 approved by the City Council. However, if the parking space widths are not amended, and he has to maintain a 10 ft. stall width in the center of the development, he will lose 20 stalls for a total of 289 spaces. Ms. Dacy stated Mr. Farrell has said 289 spaces is unacceptable to the theater. The theater wants 310 spaces in front of the theater. Mr. Farrell is trying to review these three site plans with the theater people in Texas, as well as with the people for the other building slated to be Hardees. Ms. Dacy stated that while the intersection does achieve that extra stacking distance from Osborne, there may be a consideration of what it does to the on-site traffic. Because of the angle, probably half of the cars will be going out onto Commerce Lane and the other half onto the service road. It is not a true "T" or 90 degree intersection as it was on the original plan. Ms. Sherek asked what effect this reconfiguration will have on the northbound traffic stacking at the curb. The traffic on the frontage road moves very fast at 30-35 m.p.h., and it could be a hazardous situation. Is there sufficient visibility coming from the south? What is the line of sight? Ms. Dacy stated the engineers seemed to feel that the sight distance in that location was adequate. Sight distance was poorer south of Hardees. However, what it might do is stack and maybe block the Conoco station. Mr. Dahlberg stated he did not think there was going to be that much problem with the traffic from the Conoco station. Ms. Sherek stated her problem was not with the traffic from the Conoco station, but the traffic stacking to turn into the theater site. � � PLANNING COMMISSION 1dEETING, OCT. 25, 1989 PAGE 3 Mr. Barna suggested the parking spaces be angled around the perimeter and this would draw people around the parking lot for better traffic flow. Mr. Kondrick stated the more they talk about this, the more he feels this is just not a good development for this site. It is just cramming too much onto this property. Mr. Dahlberg stated he met with Mr. Robertson and Ms. Dacy the previous day to discuss the proposed plan with Mr. Farrell. Mr. Dahlberg stated he expressed to Mr. Farrell that this revised plan was a 100� improvement over what was previously submitted. Mr. Dahlberg stated he thought the biggest consideration here is that the Planning Commission reviewed the first plan and recommended denial to City Council. City Council, in their judgment, approved the plan as submitted. It was his understanding that part of it was because this developer was not asking for any monetary assistance to proceed; therefore, the City was willing to make some concessions relative to the number of parking spaces, variances for setbacks, parking stall size, and number of parking spaces. This proposal as modified does not ask for any additional variances. Mr. Farrell is asking for the same variances he was given originally. He has retained about the same square footage, but he has improved the traffic considerably. Mr. Dahlberg stated the discussion yesterday with staff centered around what is truly the City's involvement in terms of financial obligation, because Mr. Farrell has come back asking for some financial assistance from the City. Mr. Dahlberg stated his understanding of the assistance being requested by Mr. Farrell is that it is not costing the City anything. Ms. Dacy stated the October 23, 1989, memo outlines the procedure the HRA has authorized, pending Planning Commission and City Council apprQVal of the revised site plan. The procedure is to create a tax increment financing district for this parcel, and also to evaluate adjacent parcels to the north, south, and west of this site. Ms. Dacy stated that right now, with the building on the site, the taxes generated are approximately $50,000 a year. Right now the schools get a portion, the County gets a portion, and the City gets a portion, based on mill rates, of that $50,000. Once the tax increment financing district is established, the schools, County, and City still continue to receive those portions of the $50,000; however, the amount of taxes generated from the development estimated at $150,000 a year and up would all go to the HRA. Ms. Dacy stated the financial consultant is recommending that for the first 3 years, from 1992 - 1995, once the project is built, 4C PLANNING COISMIBBION MS$TZNG, OCT. 25. 1989 PAGE 4 the HRA, in essence, returns the first 2/3 of the taxes to SBF. The difference between what SBF gets and the HRA gets is to be used by the HRA until the district is retired. Therefore, the theory is that the HRA is gaining this amount of money to put back into the district to help other parcels in the district. In essence, the City or the HRA is not losing anything. They are getting back the money the development is generating. Ms. Dacy stated the tool they are using for the 3-year period is called a limited revenue note. That document is going to satisfy SBF's banks and financing people that the revenue note, at least for 3 years, is guaranteeing about $250,000 back into the project. Mr. Betzold asked what happens if the business that goes onto this property fails. He wondered what the long range viability is for movie theaters. r Ms. Dacy stated the way it is set up, it is a"pay as you go" proposition. If the project does not succeed, then they do not get any money. Mr. Kondrick asked why the developer needs assistance. Why can't he get his own financing? Ms. Dacy stated the building currently on the site was built 20 years ago, and the demands of the market are different. Mr. Farrell says he needs this particular amount of square footage to make it work. The movie theater is unique, and that does dictate some of the requirements he is getting from his financing people. She stated even if this was an all retail development, they would still have the same issues as far as parking and the ability of getting enough retail on the site to succeed in today's market. With this principle of the project having to pay for itself, it is ensuring a low risk option to the City. Ms. Sherek stated she agreed with Mr. Kondrick earlier when he stated that too much is being put on this site. Do they want this development on this site in the first place? At least one time this Commission has said "no", that it is not an appropriate use for that site because of the traffic considerations and overbuilding of the site. Mr. Dahlberg stated he did not agree, he thought what the Planning Commission said previously was that the use on that site was o.k., but that much use on that site was not o.k. Ms. Sherek stated as far as she was concerned, the developer is still saying he wants to do the same thing. He is still looking at parking easements with Perkins and parking easements across Osborne Road with no assurances that there is a livable traffic situation on Osborne Road. They are still looking at an overbuilt site. � � PLANNING COMMISSION MBETINa, OCT. 25. 1989 PAGE 5 Ms. Dacy stated if this was aII retail, she believed they would have more traffic problems. She thought the theater is an advantage to the site. At least with the theater, they have some off-peak usage. There are some trade-offs on the site. Nineteen thousand square feet of retail space during the day is not going to overflow that system. Mr. Barna stated he did not see any major traffic problems during the daylight hours. Mr. Dahlberg stated that since they do not have to make any decisions on this at this meeting, it would be helpful for the Commission to have more information, especially regarding traffic. When are the peak times? What is the traffic generated? Ms. Dacy stated staff could put that information together as peak hour traffic counts were taken at the Osborne/University Service Road intersection. Ms. Dacy stated that from her point of view, if the parking stall reduction is not approved by the City Council, this alternative then ends up reducing the parking spaces on site to 289, and they know that is unacceptable to the theater. The Commission shou2d be aware that if the parking stalls stay at 10 x 18, they might have to go back to the original plan in order to get the parking needed on site. Mr. Kondrick stated the main reason the Planning Commission recommended denial of this development in the first place was because they did not like the idea of parking easements across Osborne Road. That was a key issue at that time. The City Council and staff worked out parking easement arrangement with Perkins to make shared parking possible. That changed things in terms of the number of parking spaces. Again, he just did not like this development for this site. Ms. Sherek stated the concern she had with the tax increment financing district and HRA district for this site is that this developer is going to cram every possible inch of this site. There are surrounding properties that are going to want to do likewise, and they will point to this development. The City is going to hear the same argument from other developers saying it is too costly to develop and they need to cram the site. Mr. Kondrick stated he would not be in favor of moving the driveway farther to the south. Mr. Betzold stated he agreed. Moving the driveway might be exacerbating the problem. Stacking is going to happen here anyway. 4E PLANNINQ CO1�II�II88ION M$STINa, OCT. 25, 1989 _ PAGB 6 Mr. Dahlberg stated that from a traffic standpoint, however, from his experience in working with site plans, moving the driveway south will improve the potential problems on the frontage road. It will allow more stacking on the frontage road. That is more important than ease of maneuvering on the site. People will find they cannot get onto the frontage road, and they will be forced or encouraged to go to Commerce Lane, which is good. If the driveway to the frontage road is farther to the north, people will not perceive that they can get out onto Commerce Lane. Mr. Betzold asked if it was possible to have signage saying "No exit" onto the service road. Mr. Dahlberg stated that is a possibility. Some people will obey the sign, and some people will not. But, by means of some kind of traffic sign, they can encourage more traffic to work the way it should. Mr. Dahlberg consultant or site plan and work or not. stated it would be helpful to have a traffic engineer to at least do a visual analysis of this give the Commission some input on whether this would Mr. Dahlberg stated he thought that by creating the drive that cuts through the site on the east and on the west, once people get to that point, they have to make a decision to go right or left. Mr. Kondrick stated that once people experience this site, they are qoing to realize traffic is bad and they will find the avenue of least resistance to get out of the site. Mr. Saba stated he definitely did not like the parking easement across Osborne Road with Bob's Produce. Mr. Barna stated it was his feeling that if it comes to the point where the development cannot go without more parking spaces below 9 feet, retail space can be given up on the other building. Ms . Dacy stated that at the next meeting, staf f will bring back information on the traffic circulation and peak traffic hours, an update on the parking stall sizes, and what Mr. Farrell's tenants have to say about this plan. Staff will also have a recommendation to the Planning Commission. 2. REVIEW PROPOSED LANDSCAPE ORDINANCE Ms. Dacy stated the Commission members had received a memo dated October 23, 1989, explaining the revision to the Landscape Ordinance. Staff is inserting the new requirements into an existing section in each of the zoning districts, commercial and industrial districts, and they are proposing R-3, as well. That section will expand from A- C to A- L with a number of 4F PLANNING COMMI88ION M$ETING, OCT. 25. 1989 PAGE 7 subsectians. Staff reorganized the ordinance to what they thought would be most easily read by a developer or person of what is required as far as landscaping. Ms. Dacy stated she summarized some other changes in the memo, but the major point is how will the ordinance requirements work on sites within Fridley? Ms. McPherson had handed out a memo dated October 25, 1989, summarizing two tests she did of the proposed Landscape Ordinance requirements on the proposed McDonalds site at 81st/University Avenue and SBF Development at Osborne Road/University Avenue. Ms. Dacy stated staff feels strongly that this standardizes the City's landscaping requirements. Staff has modernized the requirements to be consistent with what other communities require. They feel it is going to be a fair ordinance for property owners within the community and will set some standards the Planning Commission and City Council can be comfortable with. Ms. McPherson stated she chose McDonalds and SBF Development because they are very recent developments that have not been constructed. However, older developments that may come in for expansion were not tested. Ms. McPherson stated that with the provision in the ordinance for the three year allowance for the installation of landscaping, this will help alleviate a lot of fears the Chamber of Commerce has been expressing to Jock Robertson. It will not require such a large expense in the first or second year. This will probably help a lot of businesses, as well as enable the City to get what it wants as far as improving the environment. Ms. McPherson stated of the two developments, McDonalds is more heavily planted than SBF Development. She reviewed the results of the new landscape ordinance requirements for each development. Ms. Dacy stated currently McDonalds does not have a berm and a 3 ft. continuous hedge along a portion of the site. Mr. Dahlberg stated then it is not practical to have a 3 ft. hedge along the University Avenue side, because the roadway is 4-5 feet above the elevation of the parking lot.. Ms. Dacy stated the ordinance is not saying they have to screen 3 ft. above the elevation of the roadway. It is staff's interpretation that a 3 ft. hedge should still be required to screen the parking lot from any public right-of-way or adjacent property, even though in McDonalds' case, there is a 4-5 ft. elevation change. Otherwise, they can get into the argument of how tall does the road have to be above the property to stop requiring hedges? �� LANNING COMMISSION 1dE8TINQ, OCT. 25, 1989 PAGS 8 Mr. Dahlberg stated that, using The Wholesale Club building adjacent and to the west of the new McDonalds as an example, the requirement for the berms and 3 ft. landscaped buffer was not from the parking lot 3 ft. high, but 3 ft. above the street/curb right- of-way. If the intention is to screen the parking from the right- of-way or adjacent development, then the 3 ft. high landscaped buffer interpretation does not make sense. So, in this case, how valuable is that requirement? Mr. Barna stated in this situation does it make sense to screen the parking lot from the University Avenue right-of-way or the parking lot from The Wholesale Club's parking lot, etc.? Whether or not the screening is there is immaterial, but it looks nice. Mr. Dahlberg stated that in defense of staff's interpretation, because it is a public right-of-way and there is a large amount of traffic on University Avenue, the cars that are parked in the McDonalds parking lot facing University Avenue in the evening or night with headlights shining toward University Avenue, with the 3 ft. berm, those headlights will not be a glare and have a significance influence on the traffic on University Avenue. Mr. Dahlberg stated the way the ordinance has been in the past is that there has been some flexibility relative to interpretation or working with a given development to evaluate these kinds of things. He still thought the City should still have that kind of position or attitude about the landscape ordinance and not look at the ordinance as the "letter of the law". Ms. Dacy stated she is looking at the ordinance maybe in a less flexible fashion, but she feels it is very important that they try to be as consistent as possible. It gets to be a judgment standpoint for staff, and she would prefer to tell a developer that the 3 ft. hedge has to go all the way around the parking lot. To make a judgment as far as 4 ft. versus 5 ft. of elevation down to 3 ft. might be going a little bit too far. Mr. Betzold stated each piece of real estate is unique, but he thought the philosophy is that a developer has to come in with a landscape plan following these guidelines. Each developer is going to have complaints about certain parts of the ordinance. Mr. Dahlberg stated his only point is that staff should have a certain amount of flexibility to be able to negotiate with each project. Ms. Dacy stated she wanted the �inimum amount of trees and hedge. There is a section of the ordinance that does give some flexibility for existing developments. Mr. Kondrick agreed with Ms. Dacy. It is important to have some standards. PLANNING COMMISSION lSBETING, OCT. 25. 1989 PAGB 9 4H Mr. Barna stated it is alright to have standardization as long as the standard is something below the general standards, and also so particular types of vegetation on an island, or on the end of a driving aisle or internal driving aisle, for example, not be so high as to block the view. Ms. Dacy stated there should be and staff did intend to include some site distance requirements. Those will under Section J. Installation. Mr. Betzold stated apparently the Chamber of Commerce was concerned about up front costs. Suppose a developer agrees to do certain things, but a couple of years later has not done those things? What recourse does the City have? Ms. Dacy stated the City would retain the letter of credit or performance bond until the landscaping is completed. They will need to retain the letter of credit or performance bond for a longer period of time with the 3 year installation period. That is more of an incentive to complete the landscaping as soon as possible, because it does cost the developer more to carry a performance bond for another year. Ms. McPherson stated the McDonalds and SBF Development landscape plans were examples to show the Commission how the new landscaping restrictions will be calculated and how they will work administratively. Mr. Dahlberg stated that now there is a provision for landscaping to be done over a 1-2-3 year period. He would personally like to see some of the over-story trees planted in the first year. The proposed ordinance says that all that needs to be done the first year is grading and sod or seed and screening for residential. He would like to see some planting in the first year other than screening from residential. He suggested adding an item 5) under Section 6.J.(2).a) that would require a reasonable percentage of over-story trees or shrubbery or plant materials in the first year. Mr. Dahlberg stated the language in the ordinance should in no way prohibit a developer from doing all the landscaping in the first year. The sooner the plant materials are put in, the more they are going to enhance the project. Mr. Saba stated he saw the performance bond as the leverage to get the landscaping done as soon as possible. Mr. Dahlberg stated maybe there could be a preliminary statement under Installation that encourages developers to do all the landscaping in one year. Also, under 6.J.(2), it should say "up to three (3) years" rather than just "three years". 41 PLANNING COMMIBBION ME$TINQ, OCT. 25. 1989 PAG$ 10 Mr. Dahlberg stated he wondered how this landscaping ordinance is going to be included in the Zoning Ordinance. The way he understood it is that in every zoning classification where landscaped requirements are going to be mandatory (10-i1 districts), staff is proposing to include all 8 pages of the landscaping ordinance in each zoning district. That means adding 80-88 pages to the Zoning Ordinance. Zs that efficient? Ms. Dacy stated staff has discussed this. The way staff is doing it now is if a developer comes in and wants to do a project, staff gives that individual that zoning district's packet of material. The way the original writer of the Zoning Ordinance set it up, everything is all in one district. The efficiency point could be addressed to the whole Zoning Ordinance. Mr. Dahlberg stated �e understood what Ms. Dacy was saying, but when he goes to a City, he prefers to have the whole ordinance, rather than a part of the ordinance. The issue then is reprinting the entire ordinance and having multiple copies available for any one requesting them at a certain monetary charge. Landscaping is the kind of section where it applies to so many districts that maybe in each district, they could just have some basic "boiler plate" information about what the landscaping requirements are, and then refer to the landscaping section, the signage section, etc. Ms. Dacy stated that is a good suggestion. The Commission members commended Ms. McPherson and Ms. Dacy for an excellent job in revising the Landscape Ordinance. 3. RECEIVE SEPTEMBER 19 1989 JOINT ENVIRONMENTAL 4UALITY/ENERGY COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Dahlberg, to receive the September 19, 1989, joint Environmental Quality/Energy Commission minutes. DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTZON GARRIED IINANIMODSLY. 4. RECEIVE OCTOBER 2 1989 PARKS AND RECREATION COMMISSION MINUTES• MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive the October 2, 1989, Parks and Recreation Commission minutes. IIPON A VOICB VOTE, ALL VOTING AYB, CHAIRPERSON BETZOLD DECLARED THE IrIOTION CARRIED IINANIMOIISLY. 5. RECEIVE OCTOBER 10 1989 APPEALS COMMISSION MINUTE5: PLANNING COMMISBION ME$TING, OCT. 25. 1989 PAG$ 11 MOTION by Mr. Barna, seconded by Mr. Saba, to receive the October 10, 1989, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the meeting. vpon a voice vote, all votinq aye, Chairperson Betzold declared the October 25, 1989, Plaaninq Commission meetinq � adjourned at 9:15 p.m. Respectfully submitted, / `✓. Lynne ba Recording Secretary 4J � � UTY OF fRlDLEY C011I1MUNtTY DEVELOPMENT DEPARTMENT MEMOR.ANDUM DATE: October 11, 1989 �' �� TO: William Burns, City Manager�� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #89-26, by RMS Company, 980 and 990 Osborne Road N.E. The Appeals Commission voted to recommend approval of both variances as requested. The Commission reconunended that the petitioner work to reduce the amount of the variance required for the hard surface setback. Staff recommends that the City Council concur with the Appeals Commission action. MM:ls M-89-620 � 5A � STAFF REPORT APPEALS DATE oct-Aber lo, 1989 CITY OF PLAN�V(' C.OIu�AS.S10N DATE FRlDLEY C(TY COI�VqL DATE November 13, 1989 �►vTr+o� I"d`v� REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST IOCATION SITE DATA SIZE DENSlTY PRESENT ZON�1G ADJACENT LAND USES 8� ZONNG ��$ PARK DEDICATION ANALYSIS FKVANCIAL NNPLICATIONS CONFORMANCE TO COMPF�E!-�NSNE PLAN COMPAT�ILITY WITH ADJACENT USES b ZONNG ENVY�ONMENTAL CONSnERATIONS STAFF RECOMME�DATiON APPEALS RECOMMENDATION PLANNNG COMMISSION RECONNAENDATION .. .:. . 1� Cc�pany Reduce hard surfaa� setbac3c fran building fran 5 ft. to 3. 5 ft. ; increase lot ooverage from 40� to 41. 5� 980 and 990 Osborne Road N.E. N/A N/A Nrl, Light Industrial, and C-2, General Business W& S: N�1, Lic�t Industrial; N: Spring Lake Park; E: C-2, General Busiriess On site N/A Nca�e Yes Yes None Approval with stipulations Approval . Staff Report VAR #89-26, RMS Company Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.17.03.C.(1).(a) requires a maximum lot coverage for a single story building in M-1 zoning of 40$. Public purpose served by this requirement is to provide for adequate parking, open landscaped areas, and to limit congestion of industrial areas. Section 205.17.OS.D.(5).(d) requires a parking and hard surface setback from a building of 5 feet. Public purpose served by this requirement is to reduce visual pollution, to separate parking with landscaped areas, and to protect the building from unnecessary maintenance due to vehicles hitting the building. B. STATED HARDSHIP: 1. For the 3'-6" vs 5'0" setback from building to parking, in order to utilize the street frontage for parking area and maintain the 20' green space in the front yard, the 1'-6" reduction is necessary. 2. For the 1.5� increase in lot coverage, to achieve the maximum development needed to meet the present needs of RMS and to expand the facilities in the most cost effective manner by not putting an addition on both the Connector Building and the 7645 Baker St. site. C. ADMINISTRATIVE STAFF REVIEW: Request The RMS Company is requesting that a variance be granted for a reduction in the hard surface setback from a building from 5 feet to 3.5 feet, as well as a variance to increase the required lot coverage from 40$ to 41.5$. This variance is located at 980 and 990 Osborne Road. Site The site is currently zoned M-1, Light Industrial, and also C-2, General Business. The property at 990 Osborne Road which is currently zoned C-2, General Business, is also the subject of a rezoning request by RMS Company to M-1, Light Industrial. This will allow the expansion of the existing building at 980 Osborne Road to be in conformance with the Zoning Code. 5C Staff Report VAR #89-26, RMS Company Page 3 AnalYsis The north line of the addition is an extension of the existing north line of the existing building. The parking area at the north portion of the building is head-in angled parking at 45 degrees which requires a one-way driving aisle. The petitioner has three alternatives for variances at the front of the building. It is obvious that the existing building cannot be shortened by 1 1/2 feet to accommodate the 5 foot hard surface setback. Instead of asking for a variance in �he hard surface setback, the petitioner could ask for a variance to reduce the amount of green space in the boulevard area. This would reduce the setback from the right-of-way from 20 feet to 18.5 feet. Or, the petitioner could reduce the driving aisle width to 16.5 feet. Both these alternatives would require a variance as both the hard surface setback and the driving aisle width are explicitly stated in the Fridley Zoning Code (Section 205.17.05.D.(4).(b) and Section 205.17.05.D.(5),(6)). It is staff's opinion that the City should retain as much green space for landscaping and green area as possible, and the driving aisle width should be preserved to allow for maneuverability and potential snow storage in the winter time. Staff recommends that the Appeals Commission approve the variance to reduce the hard surface setback from a buiiding from 5 feet to 3.5 feet. The proposed addition to the building at 990 Osborne Road will increase the lot coverage to 41.5�. The building could be reduced by 867 sq. ft. to comply with the 40� lot coverage requirement. However, there is pending a future ordinance amendment which would potentially increase the maximum lot coverage from 40$ to 50� in commercial and industrial districts with a special use permit. Also, the variance is a minor variance as compared to many of the variances that have been approved for lot coverage increases. By reducing the building by 867 sq. ft., the City is not gaining any additional usable space that could be utilized for landscaping or open space. Recommendation Staff recommends that the Appeals Commission recommend approval the hard surface setback from the building from 5 feet to 3.5 feet with the following stipulation: l. Curb stops shall be placed in the parking area in such a manner that they are 5 feet from the building. 5D Staff Report VAR #89-26, RMS Company Page 4 Staff has no objection if the Appeals Commisson approves the variance to increase the lot coverage from 40$ to 41.5$ because an ordinance amendment increasing the maximum lot coverage is pending. Staff hesitates to recommend approval or denial until the amendment process is completed. Apneals Commission Action The Appeals Commission voted to recommend approval of both variances requested, with the recommendation that the petitioner work to reduce the amount of the variance on the hard surface setback. The stipulation recommended by staff was removed. In response to the Appeals Commission's recommendation, �he petitioner has revised the site plan to reduce the requested variance from 1.5 ft. to between 0 and 1 ft. The petitioner will present a revised detail drawing at Monday's meeting. Citv Council Recommendation Staff recommends that the City Council concur with the Appeals Commission action and approve both variances as requested. CITY OF lRZDLEY APPE!►LS C�lgII88ION l�[B8TI1dG� OCTOBER 10, 1989 � ,r�.�..r�..�.�... rr.�.r�r��.�..►.�.r�r....�..►.�.�.��►.i.r�r.�.��.w�.�..��.�..�r�r.��.��►w.�.rw.rn.r.►�n..�.�.�..► �ALL TO ORDER• Chairperson Barna called the October 10, 1989, Ap als Commission neeting to order at 7:35 p.m. ROLL CALL• Members Present: Alex Barna, Diane age, Kenneth Vos, � Jerry Sherek, Lar Kuechle Members Absent: None Others Present: Barbara D y, Planning Coordinator Michele cPherson, Planning Assistant Paul hlberg, 6664 East River Road Don d Tessmer, 6890 Channel Road S ven Hardel, 1010 Osborne Road enneth & Catherine Anderson, 132 River Edge Way N.E. � MOTION b Ms. Savage, seconded by Mr. Kuechle, to approve the Septe r 19, 1989, Appeals Commission minutes as written. J A VOICE VOTE, l�LL VOTING lrYE, CHl�IRPBRSOI�I BARN� DECLARED THE ION C�RRIED UNANIMOQSLY. l. GONSIDERATION OF V�,RIANCE REOUESTS VAR #89-26 BY � COMPANY• l. Pursuant to Section 205.17.03.C.(1).(a) of the Fridley City Code to increase the required lot coverage from 40� to 41.5$; 2. Pursuant to Section 205.17.05.D.(5).(d) of the Fridley City Code to reduce the hard surface setback from a building from 5 feet to 3.5 feet; To allow the construction of an addition on: Parcel A: That part of the Northwest Quarter of Northwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, 5F �1pp8�L8 COlD�I88ION IiBETIHG. OCTOBB� 10. 1989 P�GE 2 described as follows: Commencing on the North line of the Northwest Quarter of said Section 12, at a point 34 rods East of the Northwest corner of said Section 12, Township 30, Range 24, thence East on the section line 10 rods; thence South and parallel with West line of said Section 16 rods; thence West parallel to the North line 10 rods; thence North to the point of commencement; excepting therefrom, However, the East 104 feet of the foregoing described parcel and subject to a public roadway over the North 33 feet thereof. Parcel B• Outlot 1, of Nagel's Woodlands. garcel C• All the land, if any, lying East of Outlot 1, hereinabove noted as Parcel B, and West of the parcel of land hereinabove noted as Parcel A and lying between the Westerly extension of the North and South lines of that land hereinabove noted as Parcel A. The same being 980 and 990 Osborne Road N.E., Fridley, Minnesota, 55432. OT O by Mr. Kuechle, seconded by Ms. Savage, to open the public hearing. IIPON ]1 VOICE VOTE, ALL VOTING 7�YE, CHl�IRPERSON BARI�TA DECLARED THE PIIBLIC HElrRING OBEN !�T 7:37 P.K. Ms. McPherson stated RMS Company is located at 980 and 990 Osborne Road. It is in an M-1, Liqht Industrial District, and a portion of the site is also zoned C-2, General Business District. On October 11, 1989, the Planning Commission will hear a rezoning request from RMS Company to rezone that portion of the parcel from C-2 to M-1, Light Industrial. Ms. McPherson stated RMS Company is proposing to build an addition to its existing building. Zn order to build the addition, RMS Company is asking for a variance in hard surface setback from the building along the north portion of the building from 5 feet to 3.5 feet and a lot coverage variance from 40$ to 41.5$. Ms. McPherson stated that if the 5 feet of hard surface is maintained in front of the building, the driveway width would have to be reduced to 18 feet, the 20 foot hard surface setback from the right-of-way could not be met, and the required number of parking stalls could not be created. Ms. McPherson stated the City tries to maintain as much green area as possible in front of the buildinq. To reduce the driveway width 5G �PPE�LB COI�+IIBSION MEETING, OCTOH$R 10. 1989 P�GE 3 would reduce area for maneuverability and potential snow storage in the winter time. Therefore, staff is recommendinq the Appeals Commission approve the variance request to reduce the hard surface setback from 5 feet to 3.5 feet with the followinq stipulation: 1. Curb stops shall be placed in the parking area in such a manner that they are 5 feet from the building. Ms. McPherson stated the petitioner has also asked for a variance in lot coverage from 40$ to 41.5�. If this variance is denied, it would be a reduction of approximately 867 sq. ft. of the building, and the City is not gaining any additional usable space that could be utilized for landscaping or open space. She stated staff is not making any recommendation on this variance request since an ordinance amendment is pending to actually increase the lot coverage in commercial and industrial areas by 10$ with a special use permit. The Planning Commission will be discussing the proposed amendment at its meeting on October 11, 1989. Mr. Paul Dahlberg stated he is the architect for RMS Company. RMS Company is also represented �y Donald Tessmer. He stated they have read the staff report and have discussed it with staff. He stated staff is suggesting precast concrete curb or wheel stops 5 feet from the building. Instead of that, they could move the curb out and make a 5 ft. continuous sidewalk which would make it not a maintenance problem in terms of snow removal. By putting in the precast curb or wheel stops, they are actually decreasing the depth of the stall. By moving the curb for the sidewalk out to the 5 ft. dimension, they would still be decreasing the depth of the stall to approximately 18 ft. which is allowable for a stall depth against a curb. Ms. Dacy stated the intent of staff's oriqinal recommendation was that they did not want the 3 feet used by a vehicle parked all the way up the sidewalk. Then the vehicle overhang could reduce the 3 ft. sidewalk to a foot and a half, and with snow storage, the sidewalk would become unusable. What Mr. Dahlberg is proposing is fine, as long as the effective depth of the stall, with the angle, is 18 ft. which is consistent with the Code. Mr. Dahlberg stated that relative to the issue of lot coverage, it is an issue that is pending for discussion with the Planning Commission and City Council. Also, there is the fact that other variances for lot coveraqe have been granted in the past that are significantly larger than the lot coverage variance being asked for here. That is a precedent that should be taken into account. Mr. Dahlberg stated the percentage of building and hard surface coverage is 75.8$, and the percentaqe of green space is 24.2�• They could increase that percentage a little in terms of landscaping. The distance between the building and the curb on the east side of the building is 1? feet. That is primarily to 5H ��PB�LS COl�KI88ION liBETING. OC�'OHBR 10. 1989 P�GE � accommodate a change in qrade from the parking surface to the floor elevation of the building. They have included a 30 ft. wide drive aisle for that parking area. The requirement is 25 ft., so they can reduce that 30 ft. down to 25 ft. If they went to 28 ft.� that would mean 2 ft. more in landscaped area. Mr. Dahlberg stated they concur with staff's recommendation to the Appeals Commission to recommend approval, but they would also like to have some determination from the Commission relative to the lot coverage. His only concern is that if the code is changed to allow an increase in lot coverage by special use permit only, he would not want RMS Company to have to come back and go through the special use permit process for Iot coverage. They are going through rezoning and variances, and once that is done, they would hope they could just get the special use permit if it is required, rather than going through the special use permit process. Ms. Dacy stated staff is not recommendinq that the Appeals Commission not take action on the lot coverage request. If the variance for lot coverage is granted, the petitioner would not have to come back for a special use permit. Mr. Barna stated he would like recommendation on the variance for case, in calculating the depth of variance is still needed. Mr. Dahlberg agreed. the Commission to make a the hard surface setback in the stall, a portion of that MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. IIPON !1 VOICE VOTE, l�LL VOTIIdG AYE, CHl�►IRPERSODi Bl�RNPi DECLPiRED THE P�HLIC HBARZNG CLOSED AT 8:02 P.K. Mr. Kuechle stated he would vote in favor of both variances. It seems the variance of 40$ to 41.5$ is fairly insignificant. Regarding the hard surface setback, he would strongly recommend the petitioner pursue the approach of making the curb as close to 5 feet as possible without going with the concrete wheel stops. Ms. Savaqe agreed with Mr. Kuechle. Mr. Sherek stated he would vote in favor of both variances. Dr. Vos stated both variance requests seea quite reasonable. Mr. Barna also agreed with the other Commissioners. OM TION by Mr. Ruechle, seconded by Ms. Savage, to recommend to City Council approval of variance requests, VAR �89-26, BY RMS Company: �PPE�LS CO�I88ION ME$T2NG. OCTOBBR 10. 1989 PAGE 5 1. Pursuant to Section 205.17.03.C.(i).(a) of the Fridley City Code to increase the required lot coveraqe from 40$ to 41.5$; 2. Pursuant to Section 205.17.05.D.(5).(d) of the Fridley City Code to reduce the hard surface setback from a building from 5 feet to 3.5 feet; With the recommendation that the curb be made as close to 5 feet as possible and still maintain the 18 ft. stall depth allowed by City Code, to allow the construction of an addition at 980 and 990 Osborne Road N.E. IIPON !r VOIC$ VOTE, ALL VOTII�IG AYE, CSPiIRPER80N 8liRNA DECLliRED T8E MOTION CliRRIED IINANIMOUSLY. Ms. McPherson stated this item will go to City Council on November 13, 1989. 2. ONSIDERATION OF VAR CY; H�: ur;5't' vArt a7-c r Dz rt.�.�•L�i. ANDERSON• Pursuant•to Section 205. 7.03.D.(3) of the Fridley City Code to reduce the required r ar yard setback from 27 feet to 21 feet to allow the constru tion of a porch on Lot 20, Block 1, River Edge Addition, the ame being 132 River Edge Way N.E. MOTION by Mr. Sherek, seconded hearing. QPON A VOICE VOTE �!►LL VOTING !17! PIIBLIC HE!►RING OPEN !►T 8:10 P.I�I. Mr. Kuechle, to open the public CH�IRPERSON Bl�RNJ► DECLP►RED THE Ms. McPherson stated this property s currently zoned R-3, General Multiple Family. To the south i the Robert Louis Stevenson Elementary School. Currently, the p titioner's existing garage is set away from the house, and the petitioner is proposing to construct a new garage, 24 ft. x 4 ft. in dimension and to construct a three-season porch. Ms. McPherson stated if the variance is granted, it would also have to address the garage unless the peti ioner wishes to move the garage forward or shorten the length of the qarage. Ms. McPherson stated the petitioner h utiliZe the green space in the back yard construct an separate gazebo that coul petitioner could also stretch the porch m petitioner could construct an unenclosed d house. Staff is cognizant of the fact tha porch would be impacting is the ballfield property; however, because there are other recommending denial of the variance. other alternatives to There is ample room to be screened-in. The re to the east, or the �ck off the rear of the the only property the f the adjacent school ternatives, staff is 51 �v G S C �AR ��89-26 RMS Company N //2 SEC. /, C/TY OF 2 � ♦ � �f /t 23 24 � � LOCATI�N MAP VAR �189-26 RMS Co�pany ZONING MAP , l� � 7� ,� �� i� ►Q � �� VAR 1189-26 �' � m • 31 !:ill I!■!I C s- i� jl J� ■ tl dl }� � I n�r� ~~ Rka �, �� iJ n �� ytY[ 4� :RN� �� 6a 2 ��e �� k � �� R � � p� 71 A "'N •N �f •• � �� i 3¢ �MN ��a �� g�� 4 � � � � �- � 4�� -- __ .iar ri � L! oi �• r r r��- I i I I i � I I— K � J� u lt r e2 � ► v� F— � SITE PLAN � � UTYOF fRlDLEY C011MIlUNI"['Y DEVELOPMENT DEPARTMENT MEMORANDUM Dl1TE: October 11, 1989 �� TO: William Burns, City Managert�• , FROM: SIIBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPher'son, Planning Assistant Variance Request, VAR �89-27, by Kenneth Anderson, 132 River Edge Way N.E. The Appeals Commission voted unanimously to recommend approval of the variance request to reduce the rear yard setback from 27 feet to 21 feet. They recommended that the request apply to both the proposed porch and the proposed attached garage. Staff recommends that the City Council deny the request on the basis that the petitioner has other options which would meet Code. NII�i : 1 s M-89-619 :'J 5N / �► STAFF REPORT APPEAI.S DATE Oct�ober 10, 1989 CITY OF PLAM�NG CONMSSION DATE FR! DLEY CITY COl�1CIL DATE Novet!iber 13 , 19 89 ��+ �� - REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZ E DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONlNG UTYITIES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPAT�ILlTY WITH ADJACENT USES & ZONIVG ENVIRONMENTAL CONSIDERATIONS STAFF RECC�MMENOATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION �7AR # 89- 2 7 Kenneth Anderson Reduoe rear yard setback fran 27 feet to 21 feet 132 River Edge Way N.E. N/A N/A 1� 3, General Nb.iltiple Dwelling W, N,: R-1, Single F�ily Dwelling; E: R-3, �erieral Multiple Dwelling; S: RoL�rt Louis Stevenson School C2z site N/A None Yes Yes None Denial Approval Staff Report VAR #89-27, 132 River Edge Way Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: i� C. Section 205.07.03.D.(3) requires a rear yard setback of not less than 25� of the lot depth, with not less than 25 feet permitted or more than 40 feet required, from the main building. Public purpose served by this requirement is to provide rear yard space to be used for green areas to enhance the neighborhood. STATED HARDSHIP: "We would like to utilize the space in our back yard by removing the old garage and building a new attached garage and porch. Due to the odd configuration of our lot, we will need a 4 ft. variance on the southwest corner of the proposed porch." ADMINISTRATIVE STAFF REiIIEW: Request Kenneth Anderson is requesting that the rear yard setback be reduced from 25 feet to 21 feet on Lot 20, Block 1, River Edge Addition, the same being 132 River Edge Way. Site The site is in an R-3, General Multiple Dwelling, zoning district with adjacent R-I, Single Family Dwelling, to the west and north, and additional R-3, General Multiple Dwelling, to the east. The parcel abuts the Robert Louis Stevenson Elementary Schooi to the south. The variance is needed in order to construct a three-season porch to the rear of the structure adjacent to the dining and kitchen areas. Analysis The petitioner is proposing to construct a three-season porch in order to fully utilize the parcel throughout the seasons. In addition to the proposed screened-in porch, the petitioner is also removing his existing garage and constructing a 24 ft. x 34 ft. attached garage. This will allow the petitioner to maximize the open green area in the rear of the yard.` The petitioner has three alternatives other than the proposed porch which would allow him to utilize the green space. The petitioner could build a smaller porch that would not encroach into the setback; the porch could also be extended to the � 5P Staff Report VAR #89-27, 132 River Edge Way N.E. page 3 northeast along the bedrooms of the house. An unenclosed deck would be allowed by code to encroach into the setback. The petitioner could also construct a gazebo in the rear yard, not attached to the structure. Although the proposed porch would not directly impact any structure, just the ballfield of the elementary school, other options exist to meet the ordinance. Recommendation Staff recommends that the Appeals Commission deny the variance request, VAR #89-27, by Kenneth Anderson, on the basis that other options exist that would not require a variance. s Appeals Commission Action The Appeals Commission voted unanimously to recommend to the City Council approval of the variance request. The Appeals Commission recommended that the variance apply both to the porch and the new attached garage. City Coun�il Recommendation Staff recommends that the City Council deny the request on the basis that the petitioner has other options which would meet Code. 5Q l. Pursuant to ction 205.17.03.C.(1).(a) of the Fridley City Code to i crease the required lot coverage from 40$ to 41.5$; 2. Pursuant to Sec ion 205.17.05.D.(5).(d) of the Fridley City Code to re uce the hard surface setback from a building from 5 et to 3.5 feet; With the recommendation that the curb be made as close to 5 feet as possible and still mainta n the 18 ft. stall depth allowed by City Code, to allow the const ction of an addition at 980 and 990 Osborne Road N.E. OPON !i VOICE VOTE, ALL VOTING l��E, CHAIRP$RBON 8!►RNli DECI.l�RED THE MOTZON C!►RRIED IINANZMOIISLY. � Ms. McPherson stated this item wil�l go to City Council on November 13, 1989. 2. CONSIDERATION OF A VARIANCE REOUEST VAR #89-27, BY KENNETH ANDERSON: Pursuant to Section 205.07.03.D.(3) of the Fridley City Code to reduce the required rear yard setback from 27 feet to 21 feet to allow the constructian of a porch on Lot 20, Block 1, River Edge Addition, the same beinq 132 River Edge Way N.E. MOTION by Mr. Sherek, seconded by Mr. Kuechle, to open the public hearing. IIPON � VOICE VOTE, !►LL VOTING AYB, CH!►IRPERBON BliRPlA DECL�►RED THE PQBLIC HEl�RING OPEId !�T 8:10 P.li. Ms. McPherson stated this prdperty is currently zoned R-3, General Multiple Family. To the south is the Robert Louis Stevenson Elementary School. Currently, the petitioner's existing garage is set away from the house, and the petitioner is proposing to construct a new qarage, 24 ft. x 34 ft. in dimension and to construct a three-season porch. Ms. McPherson stated if the variance is granted, it would also have to address the garaqe unless the petitioner wishes to move the garage forward or shorten the length of the qaraqe. Ms. McPherson stated the petitioner has other alternatives to utilize the green space in the back yard. There is ample room to construct an separate gazebo that could be screened-in. The petitioner could also stretch the porch more to the east, or the petitioner could construct an unenclosed deck off the rear of the house. Staff is cognizant of the fact that the only property the porch would be impacting is the ballfield of the adjacent school property; however, because there are other alternatives, staff is recommending denial of the variance. 5R �PPE�LS COIgII88ION !�E$TINQ, OCT0H8R 10. 1989 P�GE 6 Mr. Kenneth Anderson, 132 River Edqe Way N.E., stated that in square footage, they are only askinq for 25 square feet. Otherwise, he would have a porch that is only 5 feet wide. He cannot expand to the east because he has two windows (a kitchen window and bathroom window), and because of the walkway to the elementary school. He stated the School District took almost 300 ft. of his lot for a walkway. Dr. Vos stated this is a fairly narrow lot which means the house had to be set back quite far. The biggest part of the lot is in the southwest corner where they cannot build. Then, the walkway took more off the lot on the east side. Mr. Anderson stated the way the house and qarage is laid out now, they have only bits and pieces of green space. He could move the qarage forward a little bit, but the porch is the problem. If he does not get that extra 25 sq. ft., the porch will only be 5 ft. wide. Mr. Anderson stated a gazebo is not at all the same thing as an attached porch. Mr. Anderson stated if he moved the garage forward, he would not be able to have a door from the garage into the porch. There is a jog in the house now, so that he could go from the garage into the porch. Otherwise, he would have to put a door into the living room. OM TION by Mr. Sherek, seconded by Mr. Kuechle, to close the public hearing. LJPON !r VOICB VOTE, 11LL VOTI1�iG ]1YE, CHl1IRPBRSON Bl�RN1l DECLARED THE PIIBLSC HE!►RING CLOSED AT 8:25 P.�i. Mr. Sherek stated part of the public purpose for this part of the Code is to preserve green space. Because of the lack of neighbors to the rear, the fact that this plan will increase the qreen space, and the fact that a door will be covered which will stop some enerqy loss, he would be in favor of recommending approval of this variance. Dr. Vos stated that in looking at the constraint on this lot, there is a small radius in the front, which made it difficult to put a house on the lot. Part of the hardship is the confiquration of the lot and the walkway easement which was not part of the lot originally. He would be in favor of recommending the rear yard variance from 27 ft. to 21 ft. that would affect both the garage and the porch. He did not think it was a very good idea to move the garaqe forward. 5S �pPS�LB COI4[I88IOH 1sEETING. OCTOBBR 10. 1989 P�GE 7 Ms. Savaqe stated she is in favor of the variance. Zt is clear that the public purpose is being served by providing more green areas. It seems to be a good plan for the property aesthetically and it makes good sense for the living situation. Mr. Ruechle concurred. He thought the intent of the Code is being met. The green space will be increased, and the driveway will be reduced. Mr. Barna agreed. There will be more qreen space by the removal of the existing qarage and driveway, and he is in favor of enclosing the rear door of the garage to preserve enerqy loss. �IOTION by Dr. Vos, seconded by Mr. Kuechle, to recommend to City Council approval of variance request, VAR #89-27, by Kenneth Anderson pursuant to Section 205.07.03.D.(3) of the Fridley City Code to reduce the required rear yard setback from 27 feet to 21 feet to allow the construction of a porch on Lot 20, Block 1, River Edge Addition, the same being 132 River Edge Way N.E. IIPON !� oOICE VOTE, !►LL VOTIIdG AYE, CHl�ZRPERSON HARNA DECLle►RED THE MOTION Cl�RRIED IINANIMODBLY. Ms. Dacy stated this will go to City Council on November 13, 1989. }�DJOURNMENT• OM TZON by Dr. Vos, seconded by Ms. Savage, to adjourn the meeting. Opon a voice vote, all votinq ape, Cbairperson Harna declared tbe october lo, 1989, 7�ppeals Commission �eetinq adjourned at e:33 p.m. Respectfully s bmitted, �i n � �� Ly ne Saba Recording Secretary s /2 SEC C/T Y . J . = � � O � ❑� �� 0 � P 1 � . 15, T. 30, R. 24 Of FR/OL EY cavoavNV�vr �a s � � 18 1'; -� � . _� : .... :. . i: l �" �!�.�:,, 1� '� i�-� • . '� ?� VAR �189-27 Kenneth Anderson 5T 'J � �.- --� �---� �-- - «» ,- •-�� .; �� ;r � Y; , , 7 � . :„ �-- = , ., �� i ,� '.� '; ; � : =1 I i � �� , __ , , � �� ; � ;� � o � ` J + �. � _ m �� . � I � i � _� � �. �''�r �� I i : ��. �,i� i � , , i �' I ! ��. , � , � .. � _ __' .ti.' ,� �- � " i �. � � i � , i � '. ' � , i ' � r ' � . •� _ ` .. _' i � .-'_ �' 'i ic'-I ,.� I � ,� �: i -1 � • � � � • • ? ,�I '� t P `M } � �� L� - YFj- �!i ,�_ �-i�; _ _l��-�'� �c — �.. .�. rt • • � � ...s I . .... . �.�� .,. .. . . _ . ., . G�.. � � if ,Y'1 M.vn �+ � Robert �.p�s �enson Schooi � �"� '.` �� . LOCATiON MAP � / � ; RIV E � _ ___.`_ VAR ��89-27 Kenneth Anderson Robert Louis Stevenson School ZONING MAP VAR �189-27 SITE PLAN E ��y�,r�� i�.ny St'Kf•• ��,lil E��Ifk`. 5�f1't'�\ M�}.')�L'!).1;1( 1. MEMORANDUM �, �� TO: William W. Burns, City Manager �,• PW89-393 FROM: John G. Flora,�lublic Works Director DATE: October 26, 1989 SIIBJECT: Lease Agreement with Walter Rasmussen Attached is the lease agreement to be executed between the City of Fridley and Walter Rasmussen, allowing Mr. Rasmussen to make certain improvements on Lots 17 and 18, Block N and Lot 1 and 2, Block Y, all of which are in Riverview Heights Addition. Mr. Rasmussen wishes to lease the property to allow him to add hedges and other improvements along this section of Springbrook Creek in order to improve the natural habitat. The property to be leased abuts Mr. Rasmussen's property. Recommend the City Council execute the attached lease agreement at their November 13 meeting. JGF/MAW/ts � 'T r- • �. � a+ t' "� �l' � � � � � ,1 � � � f� � � ' �� , . � ::� � . � n, � � � , . �� : � 1� � ., . � .�► ►,, , . �, �;� ��. � �� .� . - .- �� , -� , z, s a �•,, \ L � �f � 3 . •'M �• I2c ' �� ' � '�9 � � • / .! � � •� n �v r � � � � 11 �� - ( ) � �: 4 . _ . . 1• : /s \ ) M - �4 � � � t o. .. :� :� , � � � `' � j , �. � \ LlBERTY �, G 2,� .+ •' �s �p a p g f? i ' t S , ll � v g� � ( ) �.�J ;' .tg' �<-' .- , � = . � 6 � .�RE N ; k � � � � �- � ,, ' �,:2 �;��V 1 �.. .,, ; (az�� :,; , �;�� ' 4) .,..� � � � , � � . ,` _ ` , t 'r` " � ,c � .: � „ ,. - � � � � � " � � � � tI) i / � " / ��. � \ �� ,,. • L=� ' � ;� �I�3�:sc � ♦! ��,� � t _ ,;,� +•'NER , - _�' � Z "� ,` �o� )i ' S K 'I� .►� � � 's G' � •`r � 1J ^ � . � � t �, �, �!1 � � �; . o .:11- . f �� ,, �o � � � T .• � � L�NGFELLOW \ , „ . i- ;�.�, c 1 r, " :' i, .. �g� 4 1� ` ',� c `� + ' '. �{ :. F ,�I �p • -�'��r `: �- t�� J y � \_ � 9 \ � � _r -. � � �f �;.lti .. ,, - � � , i� � 'y �, �)� �� r,s � _;� E L f �� _ �� UF a . � _ � ; e� = • a�, . ., _ _ - � \\ :. ;- 1 ' - � -f • � y S j �" J { � i \ ,\ \ .' (ls/ ` � 6 � � c �. / �: '� \� �' - :� � _ ' � it �" _ ��\ \ � •� �' 9� " ��` E � ys , ,� � ` .. • � � •.✓�� '^ i � c V• 1 � . .� ' ,� ' `�� •' �: • - v `. LyI: � tN3: ' r . � „ • „ �. 99•J � ;�� ll � ��y � �896 � n ~I� � = - ~� r`��i� V � �� .. 1 � �� ° � �Y > >: - �is% � ` � • + �lL) '� � �. 1 �•�� • � . ,• '' �J� ..� ,_ ; , e �t c- � / � �� : � a+ (�U y �j1) _ � �, �, . . �� , � "u ,,,. ; �892 ,,. ;, , 1 n : , , �6B6 \ 4 �� ' ' � ± .� �.r! t ► *,• 1� � ` , \ ' - s� ��: � \\ � \ ` �� • � � '�l Y /�� I •\ � ' \ �� A ��i ://(1�: �]t %idt� � t � i � � .� t � � \ � * (�0 � + � �, i ..�. " n 3 f• � �M� � 33 �N. . r .,��: P ,. ,�,y , •p `�\ 4� �� -t / \ - -,• 1 ` (N,• � `�.�UrJ � •. , : �8G8 �• � ` ,� . \ � � � . � \ EN PROPERTY �� ;� � RASMUSS �� , � � � ^= �� .�� - ,.. : � CITY PROPERTY '� �• �� `�i ' �i , �,, `� . ' , , � ��`� � � , . ,, . c� � L \, � Lease Agreement � . TNIS AGREEMENT, made this day of , 1989 between the City of Fridley, a municipal corporation of the state of Minnesota, hereinafter called the "Lessor", and Walter C. Rasmussen Jr. hereinafter called the "Lessee", Witnesseth: Lessor, in consideration of the rent and Lessee's covenants hereinafter contained, hereby leases and demises to Lessee upon the terms and conditions hereinafter set forth the following described premises situate in the City of Fridley, County of Anoka, State of Minnesota, to-wit: ' AN D ; 1) Lots 17 and 18, Block N, Riverview Heights Addition, 2) Lots 1 and 2, Block Y, Riverview Heights Addition. TO HAVE AND TO HOLD the above described premised unto Lessee for a term of five (5) years, beginning on the date above written. This lease may be automatically renewed for additional five (5) year periods and shall remain in force until this agreement is cancelled by either party upon ninety (90) days written notice to the other party as further provided in Paragraph 8(d) below. Lessee hereby hires and takes the said premises from Lessor for the term hereof subject to the covenants and promises the following which Lessee agrees to observe and perform, to-wit: 1. Lessee shall use and occupy the said premises during the term hereof for the sole and exclusive purpose of maintaining and operating thereon natural habitats by providing fences, hedges and other natural barriers. To further enhance the habitat with shrubs, bushes and bird and duck houses and to continue to feed and attract more wildlife. Said maintenance operation and enhancements shall be performed at Lessee's own sole cost and expense. Lessee agrees not to construct any building or other development on the said premises without the advance written consent of Lessor. 2. In lieu of any rental payments Lessee shall hold City harmless from any and all liability claims arising from the use and operation of the above premises as further described in paragraph 6 below, resulting from improvements made by Lessee. 3. Lessee shall not permit the existence of any nuisance on the said premises; shall maintain and keep the same in proper, clean, safe and sanitary condition and free and clear of any explosive, inflammable or combustible material which would increase or tend to increase the risk from fire; and further, Lessee shall keep, observe and comply with all federal, state and municipal regulations, ordinances and laws, and with the regulations of any duly constituted legal authority having jurisdiction of the premises, and at Lessee's own cost shall make any and all improvements, alterations, repairs and additions and install all appliances required on the said premises by or under any such regulations, ordinances or laws except the City is still subject to maintaining their responsibilities with regard to the creek as a drainway, etc. 4. Lessee, at Lessee's own sole cost and expense, shall keep the premises hereby demised in good condition and shall make all repairs and renewals that from time to time may be necessary to keep any improvements which may be located thereon in good condition and ready and fit for occupancy; and on termination of said leasehold, shall surrender said demised premises in a condition satisfactory to Lessor and shall fill and level all excavations and remove and level all obstructions above ground at Lessee's own cost and expense. In the event of Lessee's failure to do so, Lessor may do said work and Lessee shall reimburse Lessor for the cost and expense thereof. 5. Lessee shall and hereby does assume all risk of injury to or death of its agents, assigns, employees, and all risk of damage to or loss or destruction of property brought by Lessee, or other persons, upon or in proximity to said premises, however such injury, death, damage, loss or destruction may occur or be caused; and Lessee shall and hereby does indemnify and save harmless Lessor of and from any and all claims, demands, suits, actions, recoveries, judgments, costs or expenses on account of any such injury, death, damage, loss or destruction resulting from improvements made by Lessee. Lessee further agrees to appear and defend, in the name of Lessor, any suits or actions at law brought against it on account of any such personal injuries, death, or damage to property and to pay and satisfy any final judgment that may be rendered against Lessor in any such suit or action. The liability assumed by Lessee herein shall not be affected or diminished by the fact, if it be a fact that any such suit or action brought against Lessor may arise, in whole or in part, out of the negligence of Lessor, its officers, agents, assigns, or employees, or be contributed to in whole or in part by such negligence. 6. Lessee will procure and furnish to Lessor an insurance policy or an endorsement to a public liability insurance policy carried or to be carried by Lessee, under the provisions of paragraph 5. All such insurance policies shall be approved by Lessor as to the insurance company writing the same, the amount and the form. 7. Lessee shall not assign or set over this agreement, or by any act or deed procure the said premises or any part thereof or the term hereby granted to be assigned, transferred or set over; and further shall not sublet said premises or any part thereof to any person without the advance written consent of Lessor. 8. follows: (a) Lessor and Lessee hereby mutually covenant and agree as Upon the termination of this agreement, title to all improvements and property remaining on said premises sc • � shall immediately vest in Lessor. In the event Lessor shall determine that said improvements and property are of no value (and such determination by Lessor shall be conclusive), and notifies Lessee in writing of such determination, Lessee agrees to remove said improvements and property from said premises within thirty (30) days from the date of mailing of such notice. Should Lessee fail to remove such improvements and property within said thirty (30) day period, Lessee agrees to pay Lessor the cost or expense of removing or destroying said improvements or property. (b) Any sum which under the provisions of this agreement Lessee has agreed to pay shall constitute, when due and unpaid, a lien enforceable at law by Lessee upon any building, improvements or other property of Lessee located on the said premises. (c) Failure of Lessee to use and occupy the said premises far the purpose aforesaid, for a continuous period of thirty (30) days, shall be deemed an abandonment thereof; and shall operate at the option of Lessor, to be expressed by notice in writing to Lessee, to cancel and terminate this agreement at the end of such period of thirty (30) days. (d) All notices hereunder to be given by Lessor to Lessee may be effectually given by letter from Lessor or its agents or attorney by mailing in a registered package postage prepaid, addressed to Mr. Walter C. Rasmussen, 541-79th Way, Northeast, Fridley, Minnesota, 55432. Lessee may give its notice in the same manner to City of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota 55432. (e) Each and all of the covenants and promises made by Lessee herein are material considerations herefor, and upon the breach or non-performance by Lessee of any of the said covenants or promises, Lessor, at its option, may re- enter the said premises, or any part thereof in the name of the whole, upon ten (10) days' written notice to Lessee; and may have, repossess and enjoy the same as of its former estate, and may terminate this lease and all rights hereby granted. A waiver by Lessor of a default shall not be deemed a waiver of any subsequent default of Lessee. (f) All of the covenants and promises hereof shall inure to the benefit of and be binding upon the respective successors and assigns of the parties; subject, however, to the provisions of paragraph 7 hereof. (g) This lease is entered into by the parties hereto with full knowledge that said premises may be required by the 6E Lessor at any time for its own use, disposition, lease or other purposes. There is no intent by the parties hereto to provide for the establishment of a lasting natural habitat for wildlife on said premises, but only to provide for the utilization of said premises by Lessee on an interim basis until the property is required for any other purpose by Lessor as determined by Lessor. Lessor retains the right to enter said premises at anytime to perform maintenance and other work as needed along the creek. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate the day and year first hereinabove written. In Presence of: City of Fridley by M yor U�S � Walter C. Rasmussen, Jr. ��'�� a F�.,��,. S.ri��•ir, Md�ntc,�.r�i<�a MEMORANDUM , �� TO: William W. Burns, City Manager;��'� PW89-410 FROM: John G. F1ora,fPublic Works Director ��d Clyde V. Moravetz, CATV Administrator �� ! DATE: November 3, 1989 SUBJECT: City/ACCW 1990 Agreement. Attached is a memorandum dated October 27, 1989, from Paul Kaskszak, Chairman of the ACCW, together with 1990 ACCW Income and Expense Forecasts and information relating to 1989 Donations and Grants. Also attached are two (2) copies of the 1990 proposed City/ACCW agreement. As you know, the Agreement is the same as the approved 1989 agreement which calls for 50 percent of the franchise fees to go to the ACCW. This agreement request was approved and submitted by the Board of Directors of the ACCW. The Cable Commission, at their October 19 meeting, voted unanimously to recommend City approval of the agreement as drafted. Recommend Council consideration and approval of this agreement at their November 13, 1989 meeting. JGF/CVM/ts Attachments [l �. �- • •� � - , -� � ;. � �.—.�E <ro��s 7=��,_:�� o�. cti;:�ti�._,_ Date: October 27, 1°89 7A Re: ACCTa request to the City of Fridley .for 1990 operatinq expenses. The Anoka County Communications Workshop (ACCW) is approachinq the City of Fridley for continuing operating expenses for fiscal year 1990. Our current agreement with the City ends December 31, 1989. This budget request will cover the basic expense neccessary to kee� the ACCV�1 operating at current levels. We are o�en 60 hours Der week and have three staff inembers (one full-time Director of Operations, one part-time Access Coordinator and our Finance Director who works approximately 10 hours per month). A projected income and expense report, for 1990, is attached. Based on this budget, and past reccm?n°ndations, the ACCW respectfully requests the City contribute 50� of the 5� CATV franchise fee. The ACCW will continue to solicit companies and individuals for grants and donations. For your information, attached is information concerning 1989 grants and donations. As we enter the 1990's, the ACCW is corunitted to remain an important part of the community and a national leader in access prograrL*ning and development. (Note: We recently sent samples of our programmina to NBC'� "Today" show - at their request). We look forward to a favorable response to our budget request. As always, the ACC�a qreatly appreciates the on-going encouragement, help and backing received from the CATV Cor.unission and City Council. If you have any questions on this or any other matter, nlease call me at 571-0441. Thank you again for your support and consideration. Sincer aul �. a p Chairperson� .. ...- . � " . . . ��ti Cc��0�5'J�`ORriSHO? -- --. _. _.. `---- . ... _. ._ ra ___ '.�'�: SSG3� ;gt_ °7t.g�». . Th�;, �rr�ment m3de and entered tnto this d�,� of , 1�8`�, b�; 3nd between tn? C'ity af Frt�l?y, e M�nne�ta mun�cipal cc�rporat�on, in th? C�unty of Anok�, St�tp nf M�nnesota, hereinafter referred to as "the C�ty", and tha Anoka Countv Commun�cations Work�hop, Incorporated, a non-profit corporation in the County of Anoka, State of M�nnesota, w t t neSS?t h For and in consideration of the promises, covenants, terms and provisions herein contained, the part�es hereto mutualiv aoree as follows: 1 P?r�od �f Agreem?nt Th�s agre.ement tor a 1"L month per�od, shail be effect�ve �ianuary 1, 199G through Gecember 31 , i 990, unless otherwise terminated bv either partY with 90 daYS written notice. Upon termtnation of the agreement, all uncommitted portions of the grant shall be returned to the C�tv Final determinat�on oi ar�y such uncomm�tte.d amount shall be as ��term�ned and agrzed upon by the City ��1anagar and the Anal�a Count�y Communication5 Work.�.hop, In� � F:F;,pon�ibilitie_: of ?h� Anok3 County Communic3tion:. Worl:;hop, Inc The ACC�N �9►'?es to pro��de, On reh�lf ��r rr�� :�irv, �ervic?�• to Fridley r?sident�. �� foil�w�• �. Tu rduCdit mCtt�iDer'c, af t�,e pubiic to thr �utenh�l u�e_ or •; tdeo Corr�mur��C52ion�� n the ��mm�.�n�tv �, i e C�ro� id� t�'�>>r'��nG 5nd trChnic8l 3�_.i:.t3nie that will prn�-,Ote Citi�?r� u_e of �•:�5il�ble c�: ?� �_a_?�no iac�)�t��_ �-_, a ncn-comn��rica! mFans t�r con•�mun�ca±iur,� .-�:. .ar��e �,_ ;;-Ysa,.,rc? r+:tlt.rr TC�t' tfli0r'm�ilnri �ic�i�r181�� :�r�� J1�(11?f��T f�intitlg to 1n? u�� ji v?t]rU dti d L011ifl!UrilCdilUfi mec�urr�. �� i il �,�f VP �S r.i t'P!_,Q1�'1nO, (1Q�f_iltlt� �11h C11Shi.Jt"�1t1Q Ft"�i11V �tlf' fS;fif11P� it�IiQtl(.iP.i_� TR �Tt'TifirfiiP nRt'�- �._i!llfi�r%(' l�.,j� �_.1?1��I1J �J.r U1 ?rir �.r�onnel � T; i� ��('0\'lllE' �t t�'1C (�011�:�t l�1 i�iF• l:iiV. 8:'�1=;t8;10E' tv l,lt`' :t3i1 1(1 trlr C!C��a�'8f111','� �'I� Ui 1!: aG�?`r�R��r�i 3GGe5_ i�r�5r�r,�i, -3t np �9��7iUnn31 GG;�t :;rtijk.,7 �._.;}i�f1�V ��V(illi':�Jii1C7T1GIiJ YYOf'F._.C?OG, �fii; 1UI�iC�I�� dQ��CC:� tl k.Ct�[; C!ll7 fil�ilti'tliCi C QU�'i'11�� :tSTi ui Grf' ;,u1"irl� i, buth ,,3» �nd ','ulU; �t2t" , rizC:e':•'��"';' tl� p8t'1u(' fll thE :.@�'','ll:t:, hri Elfi ;.ti fUf th. -� h �it- tll� ��r�'tu0 GT ir�t;, JOI't?t?fTt�Clt triE C..1!� Vv'1�� lif'•j!it t�, thF /�t1G� �7'..�1(,1f"ity �.(ifl�illlilf'il�.j'1:iCij �YOrk ,hoR, Inc `�_�`� of the S`� franchise fee frc�m the currer�t coble compan�; to th� �: �t�; S�id �mc=unt �hall be Gavabie uuon receipt bv th? Gitv oi th� quarteriv trancr�i�e ie� pavmer;t from ?hr: G3DiZ GOr�p3n',' S Anoka �:+�unty C.ommunicationti WorkShop, Inc. �hall k.�p a�:curate and �'�Omplet? r�curr+� of f�n3ncial tr,;n:;action:, �nd :hnll provi� to the Cit�; , on a quarterl�,� Ga:.is April i, i��.{0, Jul�; 1, 1 u�+C� ,�)ctor?r 1, 1 uuu , ana February t, 1��u 1, a complete wr�tten iinanc�al report ot �ts operat�or�; Our �no the per 1u� ut this agreement. �ai� racords sr�811 inclu� an accounting system maintained ir� a�nerall�,- accepted manner, including, if ap�licable, the filing of proper tax return� to the Federal and State �x�vernment5. �ucR a.. pavroll tax return:. ar corp�rate inwme ;,�� r etur n.,. Said records shall be available tor inspection by the City Manager, members ot the Council. and Cabie Gommission Members dur�ng reqular business hours. 6. ACCW shall provide to the Ctty a wrftten report of tts operational activities,lncluding whatever data w�il assist the City �n evaluating the effectiveness of the ACCW in the provision of the serv�ces heRin set forth. Said report will be provided to the City within sixty da�ys after completion of this agreement. ACCW will also provide interim progress reports of its operational activities April i, Julv 1, October 1, and Februarv 1. 7 ACCW shail indemnlfy, save and hold harmless the City and all of its officers, agents and emplayees from any and ail cia�ms for losses, �n�uries, damages and liabilities to persons or property occasioned wholiy ar in part by the acts or omissians of the ACCW , its agents, oificers, employees, members, guests, patrons or any person or persons assoc�ated with the ACCW for any purpose. 8 Insurance. The ACCW wiil provide proof of liabilitv insurance, nam�nq the Citv as an .3dditional insured in an amount and form as approved by the City Manager. y The ACCw ;nall provide the Citv documentat�on that �t has obtained non-prorit tax-exempt �tatu� from the Federal Internal R,evenue Service and the State of Minr�e�uta Department of F:eVE'��U2 10 It i:• understood and aqreed that no slteration or var iation �f the terms c�f this aqreement •;ha!1 b� vali� unle�s maoe �n writina and signec bv the partie. here!o � 1 ir tr�e �:�rit pt .� Gr?3�h by the A�:c'W of th? tPrm�� or Cond�r�c�i_� of tn•: �ar-Fem?nr, �hP t. �ry ;,hcl! nr�Vt, �n 3��7�?�On to �ny� nther legal r�course, the r�qr�t to t�rminate rn�=. hqreement ;r �.v�tn?_.= ��herPof, the ��arties have caused thF Hgreemer�t to ne F�ecuted bv their proper �1TT�Cer� . ?!'��r'euntU dul�y authOr��ad W11„8r� W ��Uf I15, �.:1?y f'1aCt��!' Willt 'vYltn?�= `v � ° F'aul E. f:.3:,p,�ak , A r�,C _ �— � - ; -- i � � / ��`i � – _ �-/ David S. Har�,�et, ,4CCW Tre��urer 7C 1990 ItJCUI�1E FORCp.�T qNC�KA Cn�!NTY rr►MM�!NICATION� W�RKSH�P t4gU F��(�iEC?►01� 1 N�'OM E �: I T , �� i,i E �. i E��THuli �F.LtJT;; �; ':R r �;H �,� � HC.�: �v�: ;;�Jij►� ,:-�..,4! 1;,�E', i►1T�P.E:,? 0�J ;,�.'v'IPJG� -1THr : TG?r. i'�C'_��'E EY r Er�,E. FE�,�vNNE� SEkvI�E� :�+Lh= � E : °CCr"� e-P. TE°•CH�P` ar: �:��' TEa�-HE�+�• �E�-EF.N� Tr,��: �l�Ti=��!�l; F'C,A� FIGh _T.'-Tt T�.`'.�` ; r� �,�.�� ar��:�E E[!l!Ch.TI�►N F�kuukAf•15�6ENEFITS TUTA� F'EF;OtJ�JEL :.ERVICE:� ��PEF.4TiN!� EXFEN�E� TELEFH��NE QFFI�� ,�,1F'F'LIE`. TP.�,'�'EL PP�NTIN!� F��TA�E TuTaL 0�'�RATiNG ExFEt�SES CAPITAL �I�TLAY EGUIPI•1ENT� MAINTENANCE QFFICE �UPFLIE��COMPUTER STUDIO SUPPLIES PI�RL �i^� TY I�l I �i..ELLANEuUS TOT�+L GA� I TAL OUTLAY ;��►Uv 110G �� Su�� 004 :�00 Zr ir'i z, cc , .a�.�.(, 190G0 1000 •?�i i 4UUV 3a0U 1100 j � 11 r"i 75u 3140G luG� 55O �`0 � nnr, ouG 340U b�U 400 600 �pn 3Gu �400 TnTA� EYFEtv�ES �7?nn 7D � .�..,- RICHARDS PHOTOGRAPHY GTE OLD COUNTRY BUFFET MAPLE LANES PERY.INS LUNDS OFFICE SUNSHINE PLACE SPEEDY PRINT SKYWOOD INN NGRTEL CLASS ACTION FITNESS INDIVIDUAL DONATIONS ��a FRAMES LIGHTS MEALS PASSES MEALS CERTIFICATE M EAL S CERTIFICATE ROOM � VARIOUS CABLE RELATED ITEMS CABLE SUBSCRIPTIONS CLASSES MONETARY 7E . , . : TELETHON CUB FOODS FOOD BLOODMOBILE ��'ALL 6RANTS AND DONATIONS WERE ACCEPTED UNLE55 OTHERWISE NOTED. ��'�� :. i:t n N i�.>� :r• . � . . : •. BURLINGTON NORTHERN � NON-SPECIFIC VIDEO EQUIP. ��DENIED LIONS NON-SPECIFIC COMPUTER WERE AWARDED =500 VFW NON-SPECIFIC C01"IPJTER ��DENIED K OF C NON-SPECIFIC COMPUTER �*DENIED A LEG14N NON-SPECIFIC COMPUTER '��DENIED ----------------------------------------------------------------- ��f�llw�'i� (I � ►f�l� • � �_1:i7 CITY OF FRIDLEY STEVE BILLINGS POSI PAK ADVANCECARPETS tAMPERi LUMBER ART DEMO PARK CABIE WORKS � APPLE I l PLUS COMPUTER EPSON PRINTER COMPUTER RACK 4 STUDIO LIGHTS SMALL YERTICAL RACK TIME, TRANSPORTATION STYROFOAM CARPET LUMBER PAI NT SET MATERIALS CHAI RS . . �� - CHANNEL31 UPGRADE PLATFORM OVERSTOCK NOT NEEDED 7F '��E�,�,�.��,.. .,�� ISt'Y�t.• �✓y,1�1.. �Pdtk� Strea t, �,M�i�nir��nncc MEMORANDUM �� . TO: William W. Burns, City Manager,�� PW89-409 FROM: John G. Flora,fPublic Works Director DATE: November 3, 1989 SUBJECT: Change Order No. 1 for Street Improvement Project No. ST. 1989 - 1& 2 At the June 19, 1989, Council meeting, Change Order No. 1 to the Street Improvement Project No. ST. 1989 - 1& 2 was submitted and approved by the Council for an amount of $23,420.00. In reviewing our records, the Change Order processed by the Contractor and the Mayor was for an amount of $23,595.00, an increase of $175.00 from what was submitted and approved by the Council. It appears that an error occurred in identifying the costs of relocating the hydrant for the Northco project in that the agenda item sh�wed $1,550.00 yet the actual price was $1,725.00. Based upon this administrative error, recommend that the Council be provided this information and the records adjusted to reflect the proper amount of the change order of $23,595.00. JGF/ts Attachments cc: Rick Pribyl �• �� - � • �. � i � �IDLEY CI Y COIINCIL 1LB�TI�iG Ol� JUNS 19. 1989 Paae _ 15 Schneider. Upon a voice vote, all votinq aye, Kayor Nee declared the motion carried unanimously. MOTION by Councila�an Fitzpatrick to approve the aqreement with the Housing and Redevelopment Authority for construction, maintenance, and use of the Fridley P`2a�a Parking Ramp. Seconded by Councilwoman Jorgenson. Upon a voice vd%�, all votinq aye, Mayor Nee declared the mation carried unanimously: ,.._ �9. CONSIDERATION OF CHANGE ORDER �70�.� 9 FOR FRIDI�Y MUNICIPAL ��TJTFT? TMUR(1VF:MF:NT PROJECT NO. ZB9:_ �\ � MOTION by Councilman Schneider to authorize Chan�e Order No. 9 for the Fridley Municipal Center Improvement Project 3�0. 189 in the amount of $6,733.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _�__— --- -- -- 10. rONSZDERATION OF CHANGE ORDER NO 1 FOR STREET IMPROVEMENT �': PROJECT NO. ST. 1989 - 1& 2: MOTION by Councilman Schneider to authorize Change Order No. 1 with Gammon Brothers for Street Improvement Project No. ST. 1989 - 1& 2 in the amount of $23,420.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . . __-- __ CONSIDERATION OF ADVERTISEMENT FOR BIDS FOR THE EXTERIOR ��• ,�AIR OF THE 3 M�LLION GALLON WATER RESERVOIR: Mr. Flora, lic Works Director, stated AEC Engineers, the City's consultant, h inspected this water reservoir and identified structural repai ork inside the tank, as well as necessary roof insulation. He sta d this repair is scheduled over a two year period and requested t Council authorize advertisement for bids for the repair work. MOTION by Councilman FitzpatricR o for the repair of the 3 million Councilwoman Jorgenson. Upon a voi Nee declared the motion carried una authorize advertising for bids llon reservoir. Seconded by �e ote, all votinq aye, Mayor nimo Y. 12 . ONS DERATION 0 v' - r' ' vx �u.� _ � 5 MILLION GALLON WATER RESERVOIR• Mr. Flora, Public Works Director, stated AEC Enqineers, e City's consultant, inspected this reservoir and due to the le age of water throuqh the concrete, recommends installation of a'nyl liner. iie requested the Council authorize advertisement for b ds for this work. �r-,• -;'�'� , r. i�J ! � _ _ : . �!, 1 ,;F - -- 1�;I � J v `.� 7 ( � ; �i;' � �� '1 � CITY OF FRIDLEY - _ -- - - �- � �--�`��-=� ENGINEERING DEPARTMENT ��-`— � ___________ 6431 UNIVERSITY AVE., N.E. --" """ FRIDLEY, MN 55432 June 19, 1989 Gammon Brothers, Inc. 13845 Northdale Blvd. Rogers, MN 55374 SUBJECT: Change Order No. 1, Street Improvement Project No. ST. 1989 - 1& 2 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Street Improvement Project No. ST. 1989 - 1& 2 by adding the following work: Addition• ITEM 1. Relocate hydrant 2. Additional Sod APPROX. QUANTITY 1 Each 8,000 Sq.Yd. PRICE $1,'725.00 2.18 AMOUNT $1,725.00 17,440.00 3. Relocate light pole at FMC 1 Each 4,430.00 4,430.00 TOTAL ADDITIONS . . . . . . . . . . . . $23,595.00 TOTAL CHANGE ORDERS: Original Contract amount. . . . . . . . . . . .$ 670,628.34 Contract Additions - Change Order No. 1. ... 23,595.00 REVISED CONTRACT AMOIINT $ 694,223.34 Submitted and approved by John G. Flora, Public Works Director, on �i G. Flora, P.E. rector of Public Works • � • � Gammon Brothers, Page Two Change Order No. June 19, 1989 Inc. 1 c�C�� Approved and accepted this day of 1989, by Approved and accepted this 1989, by �.,,� , GAMMON BROTHERS, NC. G�� Michael Gammon, President day of CITY OF FRIDLEY C%U �i��'y".. ^\� William J. Nee, ayor � j;t'//'Oe,^ � % ��-C!'' 1L. � William W. Burns, City Manager i� � i CITY OF FRIDLEY M E M O R A N D II M A� TO: WILLIAM W. BDRNS, CITY MANAGER �, FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: PROPOSED TAX LEVY FOR 1990 DATE: NOVEMBER 7, 1989 Attached is a resolution certifying the "proposed" property tax levy requirements for 1990 to Anoka County as required by Truth in Taxation and the Department of Revenue guidelines. This resolution rescinds the resolution Council passed on September 18, 1989 which certified a"proposed" levy based upon the 1988 tax law. The present "proposed" levy reflects our levy limit plus a special levy for the police pension. The large increase in the levy, as you are aware, is the result of the decrease in Local Government Aid, a result of the special legislative session tax bill. E�� RESOLUTION N0. - 1989 RESOLUTION CERTIFYING "PROPOSED" TAR LEVY REQUIREMENTS FOR 1990 TO THE COUNTY OF ANOKA FOR COLLECTION • � WHEREAS, Resolution No. 80 - 1989, which certified a"proposed" tax levy to the County of Anoka, is hereby rescinded because of the enactment of a new state tax law. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley certify to the County Auditor of the County of Anoka, State of Minnesota, the following "proposed" tax levy to be levied in 1989 for the year 1990. GENERAL FUND Subject to Levy Limitation $4,325,155 Special Levy - Unfunded Accrued Liability of the Police Pension Fund Subject to Levy Limitation $ 7,486 Not Subject to Levy Limitation 88,878 96.364 TOTAL GENERAL FUND S4,421.519 CAPITAL PROJECT FUND Capital Improvement Fund (Subject to Levy Limitation) AGENCY FUND Six Cities Watershed Management Organization (Subject to Levy Limitation) TOTAL ALL FUNDS $ 87,689 3.439 S4.512.647 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1989 WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK DAY OF CITY OF FRIDLEY M E M O R A N D U M i' � TO: AILLIAM A. BIIRNB, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: MODIFICATIONS TO THE 1988 BUDGET DATE: OCTOBER 18, 1989 10 Attached you will find a resolution amending appropriations to the 1988 budget in accordance with our charter. Normally this would be handled earlier, however with the increased activities we have been unable to complete it until now. The adjustments listed have arisen as a result of state mandates i.e. comparable worth, unforseen expenditures i.e. miscellaneous costs associated with remodeling, and insufficient budgets in some categories while others categories are excessive. Hopefully the implementation of our new budgeting procedures will brinq this list to a minimum number of adjustments for 1990. 10A RESOLIITION NO. - 1989 A RESOLQTION AIITHORIZING CHANGES ZN APPROPRIATIONB FOR THE GENERAL FIIND, GRANT MANAGEMENT FIIND, HRA REIMBIIRSEMENT FUND, CABLE T.V. FIIND, CAPITAL IMPROVEMENT FIIND, CIVIC CENTER REMODELING FIIND AND THE FZRE BIIILDINGS FIIND FOR THE YEAR 1988 WHEREAS, the Government Finance Officers Association requires that all line items within divisions reflect a favorable account balances in the Annual Report; and WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will provide for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 1988. NOW, THEREFORE, BE IT RESOLVED, that the budgets of the following divisions and funds be amended as follows: REVENUE ADJUSTMENTS A1ISC. REV. - DONATIONS A4ISC. REV. - DONATIONS FUND BALANCE APPROPRIATION ADJUSTMENTS MAYOR & COUNCIL PLANNING COMMISSION CITY MANAGER PERSONNEL GENERAL FUND FIRE - CAPITAL OUTLAY FIRE - SUPPLIES/CHARGES OTHER FINANCING USES P.SERVICES P.SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES P.SERVICES P.SERVICES P.SERVICES P.SERVICES 523,297 56,410 5467,452 5497,159 55,500 UNDER BUDGETED PERSONNEL 51,000 UNDER BUDGETED PERSONNEL 57,216 NORTHERN MAYORS ASSOC. (RES. 9-1988) S26,776 CITY MANAGER SEARCH 55,555 HORIZON C(RCLE JOB 1051 (S1,000) MOVED TO MAYOR & COUNCIL 57,500 INSUFPICIENT LEAVE BUDGET 57,458 COMPARABLE WORTH (49-1988) 52,300 REALLOCATE PERSONAL SVC LEGAL ELECTIONS ACCOUNTING ASSESSING POLICE FIRE CIVIL DEFENSE CIVIC CENTER CODE ENFORCEMENT PLANNING ENGINEERING PUBLIC WORKS & PARKS NATURALIST P.SERVICES P.SERVICES SUPPLIES/CHARGES P.SERVICES P.SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES CAPITAL OUTLAY P.SERVICES P.SERVICES P.SERVICES P.SERV[CES P.SERViCES P.SERVICES CAPITAL OUTLAY P.SERVICES CAPITAL OUTLAY 10B (52,300) UNDER BUDGE'T PERSONNEL (55,500) UNDER BUDGET PERSONNEL S9,500 LEGAL FEES (52,000) BUDGET FROM ELECTIONS S32,497 COMPARABLE WORTH S14,025 CHAPEL CONSULTING APP. 1987 (S75) SWAP S75 SWAP S25 COMPARABLE WORTH 52,080 INSUFFiCIENT LEAVE BUDGE7' S2,000 SWAP WITH ELECTIONS 519,735 COMPARABLE WORTH (51,000) SWAP TO CIVIL DEFENSE S27,000 FIRE PENSION CONTRIBUTION 514,850 REFURBISH FIRE TRUCK 31,000 SWAP FROM POLtCE S2,275 REPLACE BATERRIES IN SIRENS P.SERVICES 5100 SWAP FROM ENGINEERING P.SERVICES 5555 REMODELING MISC EXP. JOB 3203 P.SERVICES 54,000 INSUFFICIENT LEAVE BUDGET SUPPLIES/CHARGES 547,403 REMODELING MISC EXP. lOB 3203 CAPITAL OUTLAY S2.136 REMODELING MISC EXP. lOB 3203 CAPITAL OUTLAY 5105 OSHA REQUIRED CABINETS SUPPLIES/CHARGES (54,000) SWAP WITH PLANNING P.SERVICES 57,353 COMPARABLE WORTH SUPPLIES/CHARGES 54,000 SWAP WITH CODE ENF. SUPPLIES/CHARGES 51,000 SENIOR HOUSING STUDY (12/19/88) P.SERVICES (3300) SWAP FROM CIV1C CENTER P.SERVICES 53,500 INSUFFICIEN'T LEAVE BUDGET P.SERVICES 55,500 UNDER BUDGETED PERSONNEL P.SERVICES 53,310 INSUFFICIENT LEAVE BUDGET SUPPLIES/CHARGES 520,000 REPAIR & MAINTENANCE SUPPLIES P.SERVICES S6,500 INSUFFICIENT PERSONNEL BUDGET P.SERVICES 54,123 BENEFITS FOR NATURALIST P.SERVICES 56,250 HEALTH INSURANCE P.SERVICES 57,576 COMPARABLE WORTH P.SERVICES 55,636 REALLOCATE REFOREST. !OB 7051 P.SERVICES 53,870 INSUFFICIENT LEAVE BUDGET SUPPLIES/CHARGES 57,995 REALLOCATE REFOREST. JOB 7051 SUPPLIES/CHARGES 56,900 CAPITAL OUTLAY (513,631) REALLOCA'TE REFOREST. JOB 7051 RECREA7'ION RESERVE FOR CONTINGENCY REVENUE ADJUSTMENTS P.SERVICES (54,123) 1 O C P.SERVICES (56,500) INSUFFICIENT PERSONNEL BUDGET P.SERVICES 59,402 S305,352 SPECIAL REVENUE FUNDS GRANT MANAGEMENT INTERGOVERNMENTAL APPROPRIATION ADIUSTMENTS PERSONAL SERVICES SUPPLIES AND OTHER CHARGES CAPITAL OUTLAY REVENUE ADJUSTMENTS HRA REiMBURSBMENT INTERGOVERNMENTAL APPROPRIATION AD3USTM6NTS PERSONAL SERVICES SUPPLIES AND OTHER CHARGES REVENUE ADJUSTMENTS CABLE T.V. DONATIONS FUND BALANCE APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES CAPTTAL OUTLAY OTHER FINANCING USES (S305,352) 70,000 5,000 ( I 1,000) 76,000 70,000 S207,000 5107,250 599,750 5207,000 60,000 553,250 5113,250 512,250 560,000 541,000 5113,ZSU G REVENUE ADJUSTMENTS CAPITAL PROJECTS FUNDS CAPITAL IMPROVEIv�NT FUND FUND BALANCE 51,801,596 APPROPRIATION ADJUSTMENTS OTHER FINANCING USES 1,801,596 REVENUE ADJUSTMENTS CMC CETiTER REMODELiNG FITND INTEREST INCOME MISCELLANEOUSREVENUES OTHER FINANCING SOURCES APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES CAPITAL OU7'LAY OTHER F(NANCING USES FUND BALAi3CE REVENUE ADJUSTMENTS FIRE BUILDINGS FUND BALANCE OTHER FINANCING SOURCES APPROPRIATION ADJUSTMENTS P. SERVICES SUPPLIES/CHARGES CAPITAL OUTLAY 525,502 54,000 52.095,920 2,125,422 5244,626 51,025,417 5131,696 5723,683 52,125,422 S 13,000 5345,791 5358,791 2,550 35,766 S320,475 5358,791 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK MAYOR - WILLIAM J. NEE 10D CZTY OF FRIDLEY M E M O R A N D II M TO: WILLIAM W. BIIRNB, CITY MANAGER i/'�� FROM: SHIRLEY A. HAAPALA, CITY CLERR SUBJECT: STATEMENT OF CANVA88 DATE: NOVEMBER 9� 1989 11 Attached is the Statement of Canvass for the November 7, 1989 General Election for the offices of Mayor and Councilmember at Large. For the office of Mayor, Mr. Nee was reelected, and for the office of Councilmember at Large, Mrs. Jorgenson was reelected. The percentage of registered voters voting was 12.75�. a � O cn � Z Z Z 0 � �U�o' UT �� W � OWO� OZ J�W � W W W � � ::� Z U LL i � W Q w x f- � J � � W Q � O 2 O Q Q J U w � � 0 � N iii 3 ti ca U H O � � 0 m � E � c � O m � d �I�I�°I�I�I�I�INImI°INI°°I� � N M� 1A � N C7 C C C C C C C C � � � � � � � � a` a` a` a` a a a a � i i i i i� i � � � � � N N N � � � � � � � � 333�3333 � �ac�o U U U U U C C C C C � � � � � a a a a a � i i i i N ch M ch M � � 'C � � i0 �0 e0 lC nf 33333 � 0 � N J d H O H 11A N � W � L a � � � � 0 rn m >° � m m ~ W m � � '� o <Z U � � O J ~ W Z J W Q � � w W ~z Q � i� � J '' � � 0 H � � a 3 c°S a ', 3 �� ^� N, N NI a i 3 �'� N � a 3 N � � � N 3 rn c� � 3 � N � a 3 o � a a' � � 0 d � � � � a 3 co �' � 3 � N � a 3 � a o 3 �� v � � M N N co to � � � N N � � � � � NI N 0 0 O 0 0 0 0 0 O 0 0 0 C!D v N � o,o� O � N ^ ^ � � N � N O � <10 � N v � ch � N e- � c�i � W W Z � H � m � ... 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ALDRICH, FIRE CHIEF DATE: OCTOBER 31, 1989 SIIBJECT: CHANGE ORDER #2� WEST SATELLITE FIRE STATION The attached change order is for excess dirt removal from the site of the West Satellite Fire Station. We did not include dirt removal as a contract item as we wished to maintain additional free material for use on site after the landscape design had been completed. In this manner it was not necessary to haul back materials to achieve final landscape grades. I recommend approval of this change order in the amount of $2,365.00. RDA/ s s 12A CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVE., N.E. FRIDLEY, MN 55432 November 13, 1989 Dailey Construction Company, Inc. 11000 Highway 65, Ste. 106 Blaine, MN 55434 SUBJECT: Change Order No. 2- West Satellite Fire Station Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Sate�llite Fire Station by adding the followinq work: Addition: ITEM UNIT AMOUNT Hauling of excess fill from site Lump Sum $ 2,365.00 TOTAL ADDITIONS . . . . . . . . . . . . $ 2,365.00 TOTAL CHANGE ORDERS: Original Contract amount . . . . . . . . . . . . . $167,500.00 Contract Additions - Change Order No. 1. .... 2,397.34 - Change Order No. 2. ... 2.365.00 REVISED CONTRACT AMOUNT $172,262.34 Submitted and approved by John G. Flora, Public Works Director, on the 13th day of November, 1989. �� %�'�� = ��_____ Jo G. Flora, P.E. D' ector of Public Works i Dailey Construction Company, Inc. Change Order No. 2 Page Two November 13, 1989 Approved and accepted this day of , 1989, by DAILEY CONSTRUCTION COMPANY, INC. Jeff Thorson, Vice President Approved and accepted this day of , 1989, by CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager 12B • ��1Oj�' � .•�� a�,`�. � � POLICE DEPARTMENT cKy of F��ey Minnssota DATE NOVEMBER 8, 1989 FROM __PUBLIC SAFETY DIRECTOR, J.P.H L SUBJECT INDOOR FIRING RANGE BIDS � � �� MEMORANDUM BILL B �� ACTION INFO CX Bids for the Indoor Firing Range Ventilation System and the Indoor Firing Range Equipment�were opened on October 25, 1989 at 1400 in Meeting Room 2 of the Fridley Civic Center. There were seven firms bidding for the ventilation system project with the lowest bid presented by Modern Heating and Air Conditioning of 2318 First Street N.E. in Minneapolis. The bid was $40,950.00. Caswell International of 1221 Marshall St. N.E. in Minneapolis bid was $54,345 on the Range Equipment. Detroit Armor of Schaumberg, Illinois received plans but did not submit a bid for the project. The total cost of the project as bid is $95,295. The amount estimated in the 1989 capital improvement fund was $67,539 for a difference of $27,756. The quote for purchase and installation of the equipment for a four point (position) range is $51,401. It is possible to save $2,600 by providing labor to unload and install the equipment but it is believed that costs such as fasteners, tools, loss of the officers time and injury exposure would make this option not viable. The ventilation system bid was examined for alternatives that would reduce the cost and none were found. RECOMMENDATIONS Ventilation. Receive and approve the bid from Modern Heating and Air Conditioning for the Indoor Range Ventilation System. Equipment. Receive and approve the bid from Caswell International for the equipment and installation of a five position firing range. JPH/sa �!� :nCv�..,.J`c ve!,�,. : CO�..�. CGri: C::Gi,_( r�:.:C.. ..,r.'.:i�!c!�t ;;4�� u�iY�PJ11�I ��:.h��b H�... C.".I�LGI, �;h J�4JL rnllii.�� "l,.i!iu n.il:',.., o9J�� 13A ENGIN�EP.: C!iASNE't AS�OL'IATES. INC. 4979 OLSuN MfiN�niAL fliiF. NINNEAPOLIS, !iN 554�� 6iGS DUc: 2:6G F,M. OCiOEe& i�, 1999 s=-==------=----------=-------------=-----=---=---=------=------=--=-=-=-=-==-=-=------=----=----------------====-------------: - - - - - - - - - - ---- -- -- - -- ----- - ; , ; COtii�u, ; COMPL"eTION ;BIG ;CEP,T. ; ;ADDE-; ; ; CCi�:::nC'ii: , BA$� �iu ; ALT� ; DATC ;60ND;CHECE ; TOTAL 6ID ; NDA ; ti�MAEnS ; z---==--------------------------------=--------=---------=---==-=---------=-=-=---=-----=----------------==-=-==-=-=--------=-t - - - - -------- --------- --- - --- --- - -- - - - -- - - - - - ---- N, , ,, . , , � � � � � � , ......,� .,.,, � n._, � � � � � � ,'��.� Fi..�; ,.....,..- ti..,. ; 4i,.��,GG ; ---- � 00 DAY� � �T �---- � 4Q,9�Q,v0 � F � � � !!Ih'h�AFvLiS, �!� i`�4i� � � � � � � � � � � r„ �., , � � � � � � � � , rnOhi: �8i-3��c � � � � � � � � , '--------------------------'----------------'--------------'--------------'----'------'----------------'-----'----------------' � � � � � � � � , � � PAYA;r' H�Ci�A!+ii„4i, � � ; � � ; , ; � ; 5�4 B:OA��NA'r ; 4�,45U.00 ; ---- ; FEB 26, 1990 ; % ; ---- ; 45,�5u.00 ; % ; ; � � . . ,. � ; � � � � ; ; � JAlhl YAU�� M!+ d;;:Ul � � � � � � ; FNO!+�: �9G-��17 � � � � � � � � � � � � � � � � , � � � � � � � � � '--------------------------'---------------- -------------- -------------- ---- ------ ---------------- ----- ---------------- � � � � � , � , , � � YALE� ih�, � � � � � � � � � ; 964� �iiiA;i A'�cNus � ; 4�,9i0.QG ; ;F6B. 28 1990 ' g ; ' ' ' ' �. � ---- ---- d3,9c0.60 , fl , , � � , � y� �. ��!�� i 1Hr�ArGL1J� 4!� y�l � � � � � � � � ; t7c��:,: L:�i-1G61 � i i i i i � i � i i i r i i �----------'-----" '--'-"-�----------'-----�" " '-' i � i � i i "'---- � """-"""' i"" "-"'' """-""-'-" � ""' � --"""""""� i i � � ' I'V?," N:rl�;Sl'�('E:� �, � � � � � i � i f�., .. ..� i, i i � � � � i ; 8?9 �.ii, ?r5 Si;.��i � 48,�SEo.t10 ; ---- �r"E?. 28, 1990 � % � ---- ; 48,8�8,OQ � % ; � � NaN E;t:�;;l'�!�� NR ;;J:1L � � � � � � � � � � - �•, � � � � � � � � � FSuh�. b,io-o;;bY � � � � � . � � � � � � � � , '-------------------------- ---------------- -------------- -------------- ---- ------ ---------------- ----- ---------------- � � � � � � � , , � 0'nxIc!; �il�c; N�i�i, ; ; NEBB BA'sAh�g ; ; � � � � � ; i4d. GLeF'��OD A'��NUe ; 47,880.00 ; 595,00 ;FEB. 28, 1990 ; Y ; ---- ; 47,880,00 ; % ; ; ; lIINh�n:U�L�� K!i ,�i��U,ri � � � � i i i � i � F}iON�: � � � � � � � � � � � � � � � � � , ---- ------ ----------------,-----�----------------, ,------- - -----------�----------------�--------------�--------------� � � ; N��ic: N��;�ANiCAL ; ; ; ; ; ; � � � ; ;'807 Jkl��;i CiECLE ; 42,i�o.CU ; ---- ;FEB, 28, 1990 ; -- ; ---- ; 42,776.00 ; % ; ; ; B:,U�'.41�tGiU4� �N JJ;3: � � � � � � � � � . �� ,,��., � , � � � � � � � � FnGNc, oa4-uy�� --------------------------'---------------- -------------- -------------- � � � �------'----------------'-----'---------------- � � � � �----� � � � � i�tCNWLI, i LUH."A�;:L� � I�tiv. � � � i � i � � � ; 10�3 E��iiS �i"s��i ; 4�,1�9.00 ; ---- ;HAaCB 1, 1990 ; Y ; ; 49,197.00 ; % ; ; ��- �� ; � ; SAI!�i r"P.u:,, HN 55i�o , , , , , , � , ; PrGi+�: o4a-"v4�1 � � � � � � � � � , --------------------------'----------------'--------------'--------------� � � � � � � �----�------�----------------�-----�----------------, � � � � � � � � � � , � � � � � � � � � , , � � � � � � � � � � � � � � � , � � � � � � � � � � , � , � � � � � � � , � � � � � � � � � � , � � � � � � � . � � � � � � � � ---- -----;----------------�-----�----------------, ' ----,----------------,--------------�--------------, ,- ,---------------------- � � � � � , � � � � � � � � � , � � � � � � � � � � � � � , , � , � � � � � , � � � � � � � � , � � � � � � � � � � � � � � � � , � � � � � � � � t_____________________________________________________________________________________________________________________________i --- - - - - - -- -- -- --- - -- - - � � �� < h _ �. z i �� a � � � "" ° a �i'� �� ; ? ., s � � �� i �z� ' `;Q "i ' � � � . .. o .� o �� v r � j� � _.. _` � t ►-!--� : ti aQ `� GS�+Zu� a$if- � O � Z � � W•�' V � � � Z � 8 �� i'" us' � �!� � �. � � v � � � � � � � � � � 14 BID PROPOSALS FOR INDOOR FIREARM RANGE EQIIIPMENT WEDNESDAY, OCTOBER 25, 1989 2:00 P.M. 7rri�ID� 7l3r�o� �1 U34n �l ►.vw ��,��.� .o,� �_�,�� ,o•,♦ Mt�M �cn boi i+iw � � < � � � 14A FOR CONCURRENCE BY THE CITY COUNCIL ovember 13, 1989 �pe of License: By•. Approved By: CHARITABLE GAMBLING Fridley Jaycees Joe DiMaggio's P:O.Box 32004 Fridley, Mn. 55432 Totino-Grace High School Shorewood Inn 1350 Gardena Ave. Fridley, Mn. 55432 CHRISTMAS TREE LOT Lower Brunett Logging Inc. Chas. Dearhamer Rt.l Exeland, Wisc. 54835 FOOD ESTABLISHMENT FMC Corp. Service America 4800 E.River Rd. Fridley, Mn. 55421 ITINERANT FOOD PERMIT LICBN8E8 James P.Hill Public Safety Director �� • �� Fees: $300.00 $325.00 Richard Larson 5200.00 Fire Inspector (Deposit) $100.00 Skywood Mall Fridley Historical Society C/0 Fern Moe 5955 Benjamin N.E. Fridley, Mn. 55432 CHRISTMAS TREE LOT Snowy Ridge Farms Kendall Stone 5558 �nity Ave. No. Crystal, Mn. 55429 $45.00 Asking Fees to be waived Richard Larson $200.00 Fire Inspector (Deposit)$100.00 t FOR CONCURRENCE 6Y THE CITY COUNCIL -- LICENSES NOVEI�•'IBER 13, 1989 GAS BERVICES , Builders Heating & Air Cond.Inc. 8600 Xylon Avenue North Brooklyn Park, IrIId 55445 By: Brian Johnson Furnace Care Inc. 8733 Humboldt Avenue North � Brooklyn Park, I�IIJ 55444 GENERAL CONTRACTOR The Carpenter 351 - 97th Lane N.W. Coon Rapids, MN 55433 By: Richard Bidler By: John Stanqret Eden Construction Co. 150 East 107th Street Circle Bloomington, MN 55420 By: Gary Stoecker Emcor Enterprises, Inc. 3835 Crystal Lake Blvd Robbinsdale, I�t 55422 Midwest Framers Inc. 16820 Wren Street N.W. Andover, MN 55304 R. Miller Construction 953 Mississippi Street Fridley, I�T 55432 Paulson Construction Inc. P.O. Box 247 Anoka, 1�1 55303 By: Russ Embretson By: Richard Iwen By: Ron Miller By: Doug Paulson HEATING Builders Heating & Air Cond. Inc. 8600 Xylon Avenue North Brooklyn Park, IrII+1 55445 By: Brian Johnson �U180NRY Broberg Ducharme Enterprises, Inc. 2300 Nevada Avenue North Golden Valley, I�1 55427 By: Bryan Broberg PLIIMBING Gadtke Plumbing Inc. 3510 West Kilmer Lane Plymouth, IrIIJ 55441 � By: William Gadtke CLYDE WILEY B1dc�/M� Insp. Same DARREL CLARK Chief Bldg Ofcl Same Same Same Same Same CLYDE WILEY B1dg/Mec'h Insp . DARREL CLARK Chief Bldg Ofcl STATE OF MINN GusCo Plumbing 4506 Ewing Avenue North Robbinsdale, MN 55422 Dan G. Johnson Plumbing 6334 Josephine Avenue South Edina, MN 55435 ROOFZNG John A. Dalsin & Son Inc. 2830 South 20th Avenue Minneapolis, MN 55407 By: Gene Gustafson By: Dan Johnson By: Brian Barqstrom • • Same Same � G. QARK Chief B�tdg Ofcl �:nPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR • .� _ FOR CONCURRENCE BY THE CITY COUNCIL EBTZI�tli►TES November 13, 1989 J.T. Noonan Co., Inc. 3601 - 48 Avenue North Brooklyn Center, MN 55429 Corridor Maintenance Project No. 190 FINAL ESTIMATE . . . . . . . . . . . . . . . $ 36,700.00 Herrick & Newman 6401 University Avenue N.E. Suite 205 Fridley, MN 55432 Services renderetd for October, 1989 . . . . . . . . . . . . . . . $ AEC Engineers & Designers 511 Eleventh Avenue South Minneapolis, MN 55415 3,537.30 3 MG Concrete Reservoir Repair Project No. 192 (Phase I) Partial Estimate . . . . . . . . . . . . . . $ 1,766.00 1.5 MG Concrete Reservoir Repair Project No. 193 (53rd Ave. & Johnson) Partial Estimate . . . . . . . . . . . . . . $ 5,267.46 Gammon Bros., Inc. 13845 Northdale Blvd. Rogers, MN 55374 Street Improvement Project No. ST. 1989 - 1& 2 Estimate No. 7 . . . . . . . . . . . . . . . $ 119, 401. 09 Dailey Construction Company, Inc. 11000 Highway 65, Suite 106 Blaine, MN 55434 Construction of West Satellite Fire Station Estimate No. 3 . . . . . . . . . . . . . . . $ 47, 797. 01 �ITY OF �R1DtEY PUB�IC wOR�S DEFkATriENT 64�1 UNIVEP.StTY AVENUE N.E. FkIDLEY, MINKE50TA �5�3: FkQ�: City o4 Fridiev Engineerinq Qivision T0: Honerahle Mayor a�� City Cou;ci: City of Fridley OAJI L�I11Y°f51:y Aven�e N.E. Fridley, Minnesota 554:,? �4iE: H�vEn9E? 1';, 14ei i3OPw*r�u�: !!R:N'�NN4LE ��.03��? N 198 � i Ai:.M,c�;T CF WOh F. -------------------------------------------------------------------------------- 17B RE: EStieate No.?tFIMalI Pericd 18-15-89 to 11-15-89 FaR; �,T, NOL�kA!e C']. INC. 3�8t �9th �4E. NG, ER��KLY4 CEN�EZ Mk..Sq'o E�ilt�h'=j i�l�f� �!.iANTI�Y !HI] �� F� !3U�N�?i; F�I: :�!!:, �;*i�4T� 7GTMl 'nt!Di:'iT C�td`kk':' i?E!! � ----------°------------------------------------------------------------------ . ; `a :. at = ,a�.:a � �� r� a. t a� � :s, ��. v� h:.i��:r'13^�E J� Y. 5 :..� �' h� :l: • ------------'------'---�--------___'__'--___-- --- ° ---'--'----�_"----'--"'--'---�---'__----'�------��--'----��--�----- � .. nn - .� :I.Cf: i �1�G1 sunnaRr: 4riginal Cc�tra:t Aeount Contra�t Additians :,C!t�.•3.t �g��L:1D!15 Revised Cor,tract A�our'. 'ddl�.:e �capleted '.� Date h$C11.14 �?:e:n?� T7 ae:E '.Q:, I _..: n�C�1(,� �'di� ��'�2�_'S`, �i!!Q��n� Q::.. lut5 _,. :�t?'� fC,?!.T�^.r_ �^ it{c .,�!iT�ti�TU�. 17C s�6,�ea.ee f8.86 S8,@8 ie. aa a��,-aa.�a f@.a� fi=l�c�.:� IC�_._.%C 1 hEf�f�� C:�`2'Y t43t }�? NGf� FGrl�r��r gn�i tr? P+7t%fi315 SL'rF1:F: `4 �late ll^�E' �f:° i2'AS D? =^2 C=�ntf3Ct !:� th:5 �'G�BCf � df � di 1 iUC�+�� ::°� Chd�iy�5 thereto, have d� 3:tUei VdiL� �^dEf t.1E C�IIt'dCt ef tne a��our:�� sho►�n Dt! th15 Q: i''.e�6 t'd"� t`= .:?i"s! y'.'d^t::;E: ,,,, }Fie tl�'d'. eSt:R�t_' 3f° C�, .:tti� 3�� t^dt ±�t:i °Si:la±B I� ;i:5t 3�� C:ffPC� u�tu fiC r�� : +-:a �nr::Pt `-- ' 15 �S�l�d}e hd5 �a�� a�2:V2'�. � � �^�"� , - V �^+� � � � / ` --- ------+-'------------------ ° --�------- � � -�-'- -- -- �,�t�1..`p!'c. �t�±ti��j�c� F'Ep.'�SFi `dt21''e i'lt?a! CER?iFiCA?E DF TN< <NoINEER I hereCy certify that 1 have prepared or exau ned this esti�ate, and that the contrac±or is entitied to p�y�ent of this esti�ate under the contract far reference projec;. CITY OF FRIQLEY, IN5PECTOR /1 By ----- � Checked @y /PPRPA6E1'A6 RPA6E2`A6P RPA6E3'A6PP Qate ----I-� -� — �1 ReSpectfallY Sub�itted, ---- --------- ---------------- 6 lor�,P.E. Pu c Morks Oirettor November 13, 1989 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY CORRIDOR MAINTENANCE PROJECT NO. 190 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in confonaity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we 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 inspection that being November 13, 1989. � Jon TY�n, Consti(ictio� Inspector �� c, oonan, President 17D November 13, 1989 City of Fridley CORRIDOR MAINTENANCE PROJECT NO. 190 CERTIFICATE OF CONTRACTOR 17E This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $36,700.00 and the final payment of $6,815.70 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declarQ under the penalties of perjury that this statement is just and correct. J.T. NOONAN, INC. �� ( v�� e N onan, President CITY OF FRIDLEY PIIBLIC lIOR1C8 DBPARTMENT ENGINBERINQ DIVISION 6431 IIniversity l�ve.� N.E. Fridlep, l�T 55432 November 13, 1989 Honorable Mayor and City Council City of Fridley C/O William W. Burns, City Manager 6431 University Ave., N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF TH$ ENGINEER 17F We hereby submit th� Final Estimate for CORRIDOR MAINTENANCE PROJECT NO. 190 for J.T. Noonan, Inc., 3601 - 48th Ave., N., Brooklyn Center, MN 55429. We have viewed the work under contract for the construction of CORRIDOR MAINTENANCE PROJECT NO. 190 and find the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one-year contractual maintenance bond commence on November 13, 1989. Respectfully submitted, ohn G. Flora Director of Public Works Prepared by Checked by: Ch.-_-