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05/21/1990 - 5122OFFICIAL CITY COIINCIL AGENDA COIINCIL MEETING MAY 21� 1990 � FRIDLEY CITY COQNCIL MEETING anra F�tt� ATTENDENCE SHEET MONDAY �y 2 � , 1990 7:30 P.M. FLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM �'PRINT NAME (CLEARLY) ADDRESS NUMBER .�r � � , i � � �'s �7 (;� �- � �� � �` o /IJ . � ������� �5 �� �� �l� � '�%���i;i!„rtiv:�ir,ii��.n::r����, ;�.�-.�y��l��l`'�! ; ♦ - - -- '✓ �■ �->f � .� �! r � . � �� � . . � �. .r . . i. :.�• � c T � , • " �, .�u , , _,''- . r. : . ��i � / ir.' ' , - ■- �� � � � � / � � r �� ��_���is' � � � ,/ � � I • �� �� � _ . �,� ����� � � i � i / � / � � / � �r / �. il.� � s .�.� � :. sr �� � �� u � �: �/ . JL �I � '/ 4 � ' �� ti'�� � i �1 � �// �X � � �, I� � r i � • �� , � -_ _:� �� '° � �,� ��r+,..�� � � � ' � �. ' ' � '' r ^� L — i y / J � . �, ���, �/ 5 �yo �� /� �� l�� �� d � �dn�ne�c. �.6:,.s��: G SS 8 ��.kley �..�s . ov �, _ ' — �,� � ��,�`/ � %��-S� � L� c_� �`' �c.ca. ��i..r�-��.2 $�+¢— / �'�Pi�c_ � � .:�L % ��3 1,� � ` ���o�c� �ri � �� � 1��. � � � s � � �� S �,� � Ss� o� l.�l��, �c°. 1 � r� � �, � �, � � � )1 � c�-.., � � � .� t� � S 5 � 0�,1-�.i� l� , � ��u� �V"i C�� vCiV\.. � �c7C/"t,� 1V rNVrJ' �"TQ�� �fl,�� �u ��2 ����/ ��-Kl�� � � 1 � � � � � S ��` �/ �itrl� L �° �� � FRIDLEY CITY COONCIL MEETING, MAY 21, 1990 Paqe 2 PUBLIC HEARING: Preliminary Plat, P.S. #90-02, Michael Servetus 2nd Addition, by Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society, Being a Replat of Outlot A, Michael Servetus Addition, to Create Four Separate Lots, Generally Located at 980 - 67th Avenue N.E. . . . . . . . . . . . 1 - 10 Vacation, SAV #90-01, by Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society to Vacate Oakley Drive as dedicated in the Plat of Michael Servetus Addition, Generally Located West of 980 - 67th Avenue N.E. . . . . . . . . . . . . 2 - 2H OLD BII$INESB: Commission Vacancies and Terms That Will Expire in 1990 for City Council Consideration . . . . . . . . . . . 3 FRIDLEY CITY COtJNCIL MEBTING, MAY 21, 1990 Paqe 3 NEW BIISINE88: First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof . . . . . . . . . . . . . . . . 4 - 4K Preliminary Plat, P.S. #90-02, Michael Servetus 2nd Addition, by Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society, Being a Replat of Outlot A, Michael Servetus Addition, to Create Four Separate Lots, Generally Located at 980 - 67th Avenue N.E. . . . . . . . . . . . 1 - 10 Vacation, SAV #90-01, by Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society to Vacate Oakley Drive as Dedicated in the Plat of Michael Servetus Addition, Generally Located West of 980 - 67th Avenue N.E. . . . . . . . . . . . . . 2 - 2H Special Use Permit, SP #90-05, by tYie Michael Servetus Unitarian Society . . . . . . . . . . . . . . . . 2.5 - 2.5J FRIDLEY CITY COUNCIL MEETING, MAY 21, 1990 Paqe 4 NEW BIISINE88 (CONTINOED): Receive an Item from the Minutes of the Appeals Commission Meeting of May 8, 1990 . . . . . . . . . . . . . . . . . . . 5 - 5T A. Variance Request, VAR #90-08, By Cheryl Stinski, to Increase the Square Footage of a Free-Standing Sign in a CR-1, General Office District, from 48 Square Feet to 72 Square Feet; and to Increase the Height of a Free-Standing Sign in a CR-1, General Office District, from 6 Feet to 12 Feet Above the Finished Grade, to Al1ow the Construction of a Free-Standing Sign on Lot 1, Block 1, Hillwind Addition, and Part of Lot 3, Auditors Subdivision No. 25, the Same Being 941 Hillwind Road N.E. (Hillwind Office Building). Receive the Minutes of the CATV Advisory Commission Meeting of April 19, 1990 . . . . . . . . . . . . 6 - 6H Establish a Public Hearing for June 4, 1990, for a Rezoning Request, ZOA #90-03, by Bob's Amoco to Rezone Lot 1, Block 1, Lampert's �ddition•from M-1, Light Industrial, to C-2, General Business, Generally Located at 7680 Highway 65 N.E. (Amoco Oil Service Station) . . . . . . . . . . . 7 - 7I Approval of 1990 Solid Waste Abatement Joint Powers Agreement . . . . . . . . . . . . . . . . 8 - 8H FRIDLEY CITY COIINCIL MEETING, MAY 21, 1990 Paqe 5 NSW BIISINS$8 (CONTINIIED)s Change Order No. 1 for Flanery Park Shelter Project No. 206 . . . . . . . . . . . . . . . . . 9 - 9B Change Order No. 1 for Fire Department Specification FD 90-1 . . . . . . . . . . . . . . 10 - lOB Claims . . . . . . . . . . . . . . . . . . . . . 11 Licenses . . . . . . . . . . . . . . . . . . . . 12 - 12E Estimates . . . . . . . . . . . . . . . . . . . . 13 ADJOIIRN: � TH1: MINIITES OF THS FRIDLI9Y CITY COIINCIL MEETING OF MAY 7� 1990 0 a THE MINIITES OF THE REGIILAR MEETINa OF T8E FRIDL$Y CITY COIINCIL OF 1�IAY 7, 19 9 0 The Regular Meeting of the Fridley City Council was called to order at 7:37 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, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None PRESENTATION OF PROCLAMATIONS: VETERANS' BUDDY POPPY DAY - MAY 11 1990: Mayor Nee read a proclamation proclaiming May li, 1990 as Veterans' Buddy Poppy Day in the City of Fridley. He urged the citizens of Fridley to recognize the merits of this cause by contributing generously to its support through the purchase of buddy poppies in appreciation of the sacrifices of the nation's honored dead. Ms. Maxine Nystrom of VFW Post 363 accepted this proclamation and introduced the Commander of the VFW, Tod Nessman, and the Buddy Poppy Queen, Danielle Simmons. PUBLIC WORKS WEEK - MAY 20 - 26, 1990: Mayor Nee read a proclamation proclaiming May 20 - 26, 1990 as Public Works Week. He called upon all citizens and civic organizations to acquaint themselves with the problems involved in providing the City's public works and to recognize the contributions which public works personnel make every day to the citizens' health, safety, and comfort. The four Foremen from the City's Public Works Department, Curt Dahlberg, Don Carrigan, Jim Bates, and Jim Brindley accepted this proclamation. OLDER AMERICANS MONTH - MAY. 1990: Mayor Nee read a proclamation proclaiming the month of May, 1990 as Older Americans Month. He asked all Fridley residents to recognize the importance of strengthening bonds between all ages to create a bright vision for the future. �RIDLEY CITY COIINCIL MEETING OF MAY 7. 1990 PAGE 2 Ms. Corinne Prindle, a representative of the Senior Board, accepted this proclamation and thanked the Council for all they have done for the seniors. APPROVAL OF MINUTES: COUNCIL MEETING. APRIL 23, 1990: MOTION by Councilman Schneider 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 as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: TRAFFIC ON MAIN STREET: Councilman Fitzpatrick stated there were several persons here this evening who live on Main Street and wished to comment on the traffic problems in their area. Mr. Kevin Rohan, -6705 Main Street, understands that Stylmark is requesting a variance to expand and his concern is the underground parking as there is only one entrance and exit to this area. He felt the quality of the neighborhood would deteriorate. Mr. Dan Wintersteen, 6661 Main Street, stated there is enough traffic in the area and they also have buses going down their streets. He stated the traffic affects the entire neighborhood, but only fourteen persons received notification of this variance request by Stylmark. He stated a petition was circulated and everyone he contacted signed it. He stated they did not want any additional traffic in their neighborhood as there is only one means of ingress and egress. He stated he was not in favor of any parking ramp. Councilman Fitzpatrick stated the variance request by Stylmark is on the agenda this evening and residents in the area would have a chance to address this question when the item is discussed. VFW PRESENTATION: Mr. Tod Nessman, Commander of Fridley VFW Post 363, presented a check for $12,500 to the Fridley Fire Department for the purchase of new radio equipment. �RIDLEY CITY COIINCIL MEETINa OF 1dAY 7. 1990 PAGE 3 Mr. Aldrich, Fire Chief, stated some of the Fire Department's radio equipment is in excess of 23 years old and, with the increasing demand on the Anoka system, the new equipment will qreatly improve the Fire Department's communications. He stated he was most appreciative of this donation by the VFW. Mayor Nee and the Council members extended their thanks and appreciation to the VFW for this contribution. �UBLIC HEARING: l. ISSUANCE OF AN ON-SALE BEER LICENSE TO WONG'S GOURMET RESTAURANT AT 1254 EAST MOORE LAKE DRIVE: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearinq opened at 7:55 p.m. Mr. Burns, City Manager, stated a background check has been conducted by the Police Department and they have no objection to the issuance of this license. No persons were present to speak regarding this on-sale beer license. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:58 p.m. Councilman Schneider stated he would like to know the hours of operation and asked if approval of the license was delayed, if this would create a problem for the petitioner. Mr. Burns stated he did not know their timetable as far as the opening date for the restaurant. OLD BUSINESS: 2. COMMISSION VACANCIES AND TERMS THAT WILL EXPIRE IN 1990 FOR CITY COUNCIL CONSIDERATION: MOTION by Gouncilman Billings to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �RIDLEY CITY COIINCIL MESTING OF MAY 7. �990 ___PAGE 4 NFW BUSINESS• 3� �enTttmT[1N 1�ic� 30 1990 AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF QPERATING NGINEERS. LOCAL N0. 49 AFL-CIO (PUBLIC WORKS MAINTENANCE) FOR 1990: Mr. Hunt, Assistant to the City Manager, stated last week the Public Works Maintenance Personnel approved the draft of the labor agreement for 1990 and it is now submitted for Council's approval. He stated there are a number of items about this particular contract which are rather new in this area. He stated the new aqreement establishes a single classification of Public Services Worker to replace the previous Maintenance I, II, and III classifications and also establishes a Mechanics classification. He stated, basically, in order to reach the top, future Public Service Workers and Mechanics will need to have the equivalent of one year of technical college course work plus the highest appropriate certification in their respective fields. Mr. Hunt stated this eliminates the two tier system where public works maintenance workers were working together on the same task and being paid at different salaries. He stated the agreement also provides for a probationary period of one year, rather than six months. Mr. Hunt stated for the last several years, the public works maintenance employees have received a smaller increase on their base in addition to lump sum payments. He stated because of this, the new contract is estimated to cost the City no more than 3.25 percent over the cost for last year, even though every employee receives at least a 4 percent increase on the base. Mr. Hunt stated he thought Fridley will be one of the first to establish a performance and career track base for public works employees. Councilwoman Jorgenson requested clarification of Article XII, Section 12.2 in reference to legal defense of the employee. Mr. Hunt stated this section would provide legal defense within the scope of an employee's employment, but does not mean the City would pay for negligent acts by public employees. He stated the key sentence is "when such act is performed in good faith and under direct order of the employee's supervisor." MOTION by Councilman Billings to adopt Resolution No. 30-1900. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLBY CITY COIINCIL ME$TINQ OF MAY 7, 1990 PAG$ 5 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF �PRIL 25, 1990: A. ESTABLISH PUBLIC HEARING FOR REZONING, ZOA #90-02. BY URBAN COMMERCIAL DEVELOPERS AND FRIDLEY TOWN S4UARE ASSOCIATES TO REZONE THREE SEPARATE PARCELS AS FOLLOWS: LOT 9. BIACK 2, �tICE CREEK TERRACE PLAT 1 FROM R-1, SINGLE FAMILY DWELLING� TO S-2. REDEVELOPMENT DISTRICT, THE SAME BEING 355 MISSISSIPPI STREET N.E.; AND LOT 12. BLOCK 3. RICE CREEK TERRACE PLAT 2 FROM R-1. SINGLE FAMILY DWELLING TO S-1, REDEVELOPMENT DISTRICT, THE SAME BEING 368 66TH AVENUE N.E.: AND LOTS 10. 11 AND 12, BLOCK 2. RICE CREEK TERRACE PLAT 1, EXCEPT THE SOUTH 30 FEET THEREOF. ACCORDING TO THE RECORDED PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, ANOKA COUNTY MINNESOTA AND LOTS 13 14 15 AND 16 BLOCK 3 R�CE__CREEK TERRACE PLAT 2. ACCORDING TO THE RECORDED PLAT .�HEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER. ANOKA COUNTY, MINNESOTA, FROM R-1, SINGLE FAMILY DWELLING, AND C-1. LOCAL BUSINESS, TO S-2, REDEVELOPMENT �ISTRICT, THE SAME BEING 6525 UNIVERSITY AVENUE N.E.: MOTION by Councilman Billings to set the public hearing date for this rezoning, ZOA �90-02, for June 4, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH PUBLIC HEARING FOR A PRELIMZNARY PLAT REOUEST. P.S. #90-02. MICHAEL SERVETUS 2ND ADDITION, BY KATE KEMPER FOR THE MICHAEL SERVETUS UNITARIAN SOCIETY BEING A REPLAT OF OUTLOT A. MICHAEL SERVETUS ADDITION, TO CREATE FOUR SEPARATE LOTS, GENERALLY LOCATED AT 980 67TH AVENUE N.E.: MOTION by Councilman Billings to set the public hearing date for this preliminary plat, P.S. #90-02, for May 21, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. ESTABLISH PUBLIC HEARING FOR VACATION RE4UEST. SAV #90-01. BY KATE KEMPER FOR THE MICHAEL SERVETUS UNITARIAN SOCIETY TO VACATE OAKLEY STREET AS DEDICATED IN THE PLAT OF MICHAEL SERVETUS ADDITION, GENERALLY LOCATED WEST OF 980 67TH AVENUE . . .. MOTION by Councilman Billings to set the public hearing date for this vacation, SAV #90-01, for May 21, 1990. Seconded by Councilman Schneider. Upon a voice vote, aIl voting aye, Mayor Nee declared the motion carried unanimously. FRIDL$Y CITY COIINCIL �iE$TINQ O� 1+IAY 7. 1990 PAGE 6 D. RFSOLUTION NO. 31-1990 APPROVING A SUBDIVISION LOT SPLIT L_s_ ik9o-ol_ TO SPLIT OFF THE SOUTHEASTERLY 92.35 FEET OF LOT 8 BLOCK 2. MOORE LAKE HILLS ADDITION, TO CREATE A SEPARATE SINGLE FAMILY LOT. GENERALLY LOCATED AT 6065 CENTRAL AVENUE N•E• Ms. Dacy, Planning Coordinator, stated this parcel is located between Central Avenue and Woody Lane. She stated it is 23,000 square feet in size, zoned R-1, and surrounded by R-1 zoning on all sides. Ms. Dacy stated a home now exists on this parcel with access from Central Avenue. She stated the petitioner is proposing to create a separate lot that abuts Woody Lane to construct a new home on this parcel. She stated the proposed parcel is higher in elevation than the existing home. Ms. Dacy stated the petitioner submitted a plan to show how run- off would be handled. She stated a swale would be constructed along the south property line and eventually directed to Central Avenue. Ms. Dacy stated the Planning Commission recommended approval of this lot split with five stipulations and amended stipulation No. 3. She stated staff is recommending denial of the lot split as the new lot line would create a non-conforming rear setback between the existing structure and lot line. She stated the Planning Commission acknowledged this non-conforming setback, but felt the request should be granted as the topography is so different. Councilman Schneider had a concern about the alignment of the new home and questioned if property owners to the north and south were notified of this request. Ms. Dacy stated these property owners were notified. She stated the property owners to the north would be able to see the side of this new home and those to the south would be looking at the side of the yard and there are a number of trees along this south lot line. Councilman Schneider asked the petitioner, Mr. Hanson, if he has spoken to his neighbors about this request. Mr. Hanson stated he has contacted all the neighbors that abut the property and those across the street and none of them had any objections. He stated the existing home and new home would be separated by about sixty feet. Councilman Schneider stated his only concern is the alignment of the homes and if this would be totally out of line. Mr. Hanson stated he had the same concern, but has had absolutely no negative comments from those whom he contacted. �RIDLSY CITY COIINCIL ME$TINa OF MAY 7. 1990 — PAGE 7 Mr. Flora, Public Works Director, presented an aerial photo of this area and all homes have different setbacks. MOTION by Councilman Schneider to adopt Resolution No. 31-1990 with the five stipulations attached as Exhibit A. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of April 25, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 1. 1990: A. VARIANCE RE4UEST VAR #90 07 TO REDUCE THE RE4UIRED SETBACK FROM A RIGHT OF WAY ABUTTING A RESIDENTIAL DISTRICT FROM 100 FEE TO 37 FEET AND 41.9 FEET• AND TO REDUCE THE SETBACK BETWEEN A PARKING AREA AND A MAIN BUILDING FROM 5 FEET TO 0 FEET TO ALLOW THE CONSTRUCTION OF ADDITIONAL OFFICE SPACE IN �ONJUNCTION WITH A GENERAL OVERALL BUILDING EXPANSION PROJECT. ON LOTS 2 THROUGH 10 BLOCK 6 RICE CREEK PLAZA SOUTH �DDITION AND LOT 20 BLOCK 5 IAWELL ADDITION THE SAME BEING 6536 MAIN STREET N E BY STYLMARK INC.: Ms. Dacy, Planning Coordinator, stated this a request for two variances for property located to the west of Main Street and north of Mississippi Street. She stated the property is zoned M-1 with R-1 and R-3 property to the east. Ms. Dacy stated one variance is to reduce the one hundred foot front yard setback to allow construction of a 60 by 96 foot addition onto the existing building. She stated the proposed encroachment would be 41.9 feet and, at one point, the request is to go to 37 feet for an architectural feature around the entry into the offices. She stated the other variance is to reduce the required five foot separation between a parking area and the wall of the building to zero feet. Ms. Dacy stated the petitioner is proposing to add a receiving area, an office area, and to extend their shipping and manufacturing area. Ms. Dacy stated the Appeals Commission recommended approval of both the variances with six stipulations for the front yard variance and one stipulation on the variance pertaining to the separation of the wall and parking area. She stated some concerns were traffic, the issue of property values, and the company's ability to expand in the future. FRiDLEY CZTY COONCIL ME$TINQ OF MAY 7. 1990 PAGE 8 Ms. Dacy stated the City Assessor was contacted regarding the property value issue and he advised that the current value of the homes along Main Street already reflect the existence of the industrial zoning. She stated the Assessor advised he had no plans to change the values as a result of this proposed expansion. Ms. Dacy stated in regard to any expansion of Stylmark's facility, lot coverage requirements have to be met, property reserved for parking if additional parking was required, and a permit needed from the Rice Creek Watershed District regarding storm water management. She felt the Watershed District may require an on-site retention pond. Ms. Dacy stated the neighborhood requested traffic counts of this intersection at 2nd and Mississippi Streets. She stated these traffic counts were done last Wednesday and this afternoon. She stated the best time to obtain these counts was between 3:30 and 5:30 p.m. at the peak periods. She stated the traffic count involved three different traffic movements; neighborhood traffic using 2nd Street; traffic that enters on 2nd Street and uses the frontage road to go onto Main Street; and traffic from the Fridley Bus Company which uses 2nd Street and the frontage road. Ms . Dacy stated neighborhood traf f ic peaks around 5 p. m. were about 35 cars. She stated the Stylmark traffic or traffic attributable to Main Street had 51 cars leaving at 5 p.m. within a five minute time period. She stated the Fridley Bus Company traffic peaks at 4:30 p.m. and gradually declines to 4:45 p.m. Councilman Fitzpatrick stated this intersection has been discussed many times in conjunction with development plans for the southwest quadrant of University and Mississippi. He stated with no concrete plans, the problem has not been dealt with at this time. Mr. Brink, the petitioner, stated more office space is needed for their present employees and their plans did not involve hiring more employees. He stated their plan is to install underground parking and over sixty percent of the asphalt would be removed. Mr. Brink stated all the shipping will be moved from the north to the west and the entire north addition will have underground parking. He stated the entry and exit onto Main Street will also be moved further to the north. Mr. Wintersteen, 6661 Main Street, felt Stylmark is going too far with this expansion. He stated he did not object to the other variances, but the park and playground is directly across the street from where the traffic will exit from the underground parking garage. He stated the other exit will be near the apartment complex. He felt Stylmark should not be allowed to install an underground parking facility. FRIDL$Y CZTY COQNCIL MS$TINa OF MAY 7. 1990 pAa� Councilman Fitzpatriak stated he believed the residents' frustration is with the traffic and it is unfortunate this problem has not been solved. Ms. Dacy stated the petitioner indicated he would be willing to limit access and exit from the west side or from the service road. Mr. Brink stated factory workers could access from the back and the parking in front could be used by office workers and visitors. He stated with construction of an underqround parking ramp, the parking in front will actually be reduced. Mr. Wintersteen stated he did not want any traffic coming onto Main Street. Councilman Schneider stated there are now 35 parking spaces and these vehicles access onto Main Street and after the construction, there would be less parking spaces in the front. Councilman Billings asked Mr. Wintersteen if he had a problem with the expansion or with the underground parking. Mr. Wintersteen stated he just did not want all the traffic on Main Street as they would be exiting by some resident's driveway. Councilman Billings stated the question before the Council is not the construction of the warehouse with underground parking, but whether to allow a variance to expand the office space. Mr. Gary Martel stated he lives across the street and has no problem with the factory. He stated he understands Mr. Brink is just trying to move his parking underground and it would not change the traffic flow. Mr. Rohan, 6705 Main Street, stated the flow of traffic would change because the exits would be further down the block. He stated he was also concerned about the drainage pond and if it would be fenced. Mr. Brink stated his contractor is working with the Rice Creek Watershed District and the City on this issue and they would comply with whatever requirements were necessary. Mr. Rohan felt a pond is a hazard for children in the area. Mr. Flora, Public Works Director, stated he has not seen the plan for the detention pond, but they are not usually fenced. He stated the purpose of the pond is to receive rain water to be held for a short period of time. He stated these ponds are usually dry within four to six hours after a rainstorm. RIDLBY C TY COtTNCIL MEE IN(i OF 1sAY 990 PAGE 0 Mr. Herrick, City Attorney, stated often this retention pond consists of part of the green area that could hold six to twelve inches of water for a short period of time or a depression in the parking lot to allow a few inches of water to stand. He stated they are not talking about a big or deep pond. Mr. Rohan stated if a pond is necessary, he would like to be notified so he knaws what is going to be done. Mrviewi b C ty staf f� and then toabel sub ittedeto the hR ce eCreek re Y Watershed District. Councilman Billinqs asked Mr. Rohan if he was opposed to the expansion of the office space. Mr. Rohan stated at this time, he was opposed. Councilman Billings stated if the variance is not approved, Mr. Brink could still build the warehouse facility and install the driveways as shown on the plan. Councilman Billings asked Mr. Rohan if he felt the expansion of the office space would create additional traffic in the neighborhood. Mr. Rohan stated there would seems no consideration was issue has to be addressed. be new employees and more cars and it given to the traffic. He felt this Councilman Fitzpatrick stated the real problem is the traffic, but felt the variance request would not affect the traffic situation. He stated there are a lot of problems associated with Mississippi Street and the southwest quadrant and he sympathizes with the residents regarding the traffic problem. Mr. Bruce Lundberg, 230 Rice Creek Terrace, stated he had no objections to the variance. He stated he is concerned with the traffic and the bottleneck at 2nd Street. He urged the Council to try and find a solution to the problem at this intersection. MOTION by Councilman Fitzpatrick to grant that portion of variance request, VAR #9�-07, to reduce the required setback from a right- of-way abutting a residential district from 100 feet to 37 feet and 41.9 feet, with the following stipulations: (1) the petitioner shall submit drainage calculations and a grading and drainage plan prior to the issuance of a building permit. If necessary, the petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit; (2) the new parking area along Main Street shall be lined with concrete curb; (3) the building additions shall be handicapped accessible; (4) the petitioner shall review with the Fire and Building Inspectors the required fire protection sprinkler systems and comply with their �RZDL$Y CITY COZJNCIL MESTINO OF l�lY 7. 1990 PAG$ ti requirements; (5) the petitioner shall submit a landscaping plan indicating a continuous 3 foot screen between the parking area and Main Street; and (6) adequate area to the north of the addition shall be reserved for a 27 car parking area. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to deny that portion of variance request, VAR #90-07, to reduce the setback between a parking area and a main building from 5 feet to 0 feet. Seconded by Councilman Billinqs. Mr. Brink stated the reason for the five foot berm is to keep the cars from hitting the buildinq. He stated he would like to have something less than five feet in order to have two lanes of parking. Ms. Dacy stated the driving aisle is about twenty feet wide and the code only requires eighteen feet. Councilman Fitzpatrick felt there was some solution that could be worked out. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. APPROVAL OF INDEMNIFICATION AGREEMENT FOR BIKEWAY/WALKWAY EASEMENT ON TARGET WAREHOUSE PROPERTY: MOTION by Councilman Billings to approve the indemnification agreement for a bikeway/walkway easement on the Target Warehouse property and authorize the Mayor and City Manager to execute the agreement. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. APPROVAL OF EASEMENT AGREEMENT FOR BIKEWAY/WALKWAY TO CROSS M.T. PROPERTIES EASEMENT: MoTION by Councilman Billings to approve the easement agreement to allow a bikeway/walkway to cross M.T. Properties' easement and authorize the Mayor and City Manager to execute the aqreement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. �tE��iV� D1Lj e�i:L ;��.i ^.^a':�':°�rm Fnu FT.ANF.RY PARK SHELTER, PROJECT NO. 206: MOTION by Councilman Schneider to receive the following bids for the Flanery Park Shelter, Project No. 206: FRIDLEY CITY COIINCIL KBETINQ O Y 7 990 PAGS 12 'dder Rarlen Construction 901 - 125th Avenue NE Blaine, 1�1 55434 Alt. 1 Alt. 2 $4,869 Earl Weikle 2514 - 24th Minneapolis, $6,097 $71,072 & sons Avenue South MN 55406 Alt. 3 Alt. 4 $ 820 $1,025 ($9,265) $1,192 Johnco Buildings, Inc. 6729 West Shadow Lake Drive Lino Lakes, MN 55014 $5,550 $82,350 $1,200 Morcon Construction, Inc. 5905 Golden Valley Road Golden Valley, 1�II1 55422 $4,900 $ 2,500 Cedar Forest Products Co. P. O. Box 98 Polo, IL 61064 $23,000 $1,200 Si,2so $ ?00 $3,200 Base Bid $87,831.00 (Materials & Construction) Alt. 5 $769 S5oo $700 $840 $400 $93,653.00 Materials & Construction) $95,491.00 (Materials & Construction) $95,700.00 (Materials & Construction) $39,000.00 (Materials) Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Kirk, Director of Recreation & Natural Resources, stated five bids were received for the Flanery Park Shelter. He stated the low bidder was Karlen Construction at a cost of $87,831.00. He stated $80,000 was budgeted for this shelter so the project is over the budgeted amount by $7,831.00. Mr. Kirk stated as an alternate, a bid was requested for burnished block anticipating it would be higher than a wood structure. He stated this was not the case, however, and the burnished block would be more economical at a cost of $75,941.00. He stated since the Parks and Recreation Commission supported a wood structure, he has contacted all the Commission members and they support a burnished block structure because of the reduced cost and it would FRIDLBY CITY COIINCIL ME$TINQ OF 1SAY 7. 1990 PAG$ 13 be less susceptible to vandalism. He stated they would like the burnished block to be more of a wood color to match the beams in the structure. Mr. Rirk stated he would recommend the Council consider awarding the contract for construction of this shelter to the low bidder, Karlen Construction for Alternate 1(water and sewer installation) and Alternate 2(burnished block) for a total of $75,941.00. He stated Alternates 3, 4, and 5 have not been included which involved an exterior drinking fountain, installation of expanded metal window protectors, and installation of a second steel door with lock. Councilwoman Jorgenson felt the metal window protectors were needed, as well as the drinking fountain. She stated she wanted to make sure this facility is as vandal-proof as possible. Councilman Schneider asked if the window protectors could be added at some future date. Mr. Kirk stated he believed they could and it is possible that City employees could complete this work. He stated the additional door is not required for the size of the building. MOTZON by Councilman Schneider to award the contract for the Flanery Park Shelter, Project No. 206 to the low bidder, Karlen Construction for Alternate 1, $4,859.00; Alternate 2, $71,072.00; and Alternate 3, $820.00 or a total bid of $76,761.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO 32-1990 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: ONONDAGA STREET STORM SEWER REPAIR PROJECT NO. 209: MOTION by Councilman Schneider to adopt Resolution No. 32-1990. Seconded by Cauncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. �PPROVAL OF POLICY FOR USE OF PUBLIC MEETING PLACES IN THE FRIDLEY MUNICIPAL CENTER: Mr. Hunt, Assistant to the City Manager, presented this policy for use of public meeting places in the Fridley Municipal Center. Councilman Schneider stated he assumed a political party would come under the definition of a non-profit organization and felt this should be added under Section B-7. MOTION by Councilman Schneider to approve this policy for the use of public meeting places in the Fridley Municipal Center with the amendment to Section B-7 to add the word "political" after FRIDL$Y CITY COIINCIL MEETINQ OF MAY 7. 1990 PAG$ 14 nrecreational". Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. �LAIMS• MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 31777 through 31992. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. 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 food license for the '49ers. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. WAIVE FEE FOR BIAODMOBILE SIGN AT FRIDLEY UNITED METHODIST CHURCH: MOTION by Councilman Fitzpatrick to waive the fee far the bloodmobile sign at Fridley United Methodist Church, May 22, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. ESTIMAT�S• � MoTION by Councilman Billings to approve the estimates as submitted: Herrick & Newman 205 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, I�IId 55432 Services Rendered as City Attorney for the Month of April, 1990 . . . . . . . . $ 4,117.00 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, NIIJ 55432 Services Rendered as City Prosecuting Attorney for the Month of February, 1990 ..$ 9,602.00 FRIDL$Y CITY COIINCIL ME$TING OF l[AY 7. 1990 PAG$ 15 HNTB 6700 France Avenue South Suite 260 Minneapolis, NIIJ 55435 Desiqn of 1.5 MG Elevated Reservoir at Locke Park, Project No. 196 FINAL $STIMAT$ . . . . . . . . . . . . . . . $ 3,900.00 Hruce A. Liesch Associates, Inc. 3020 Harbor Lane Minneapolis, 1rIId 55447 Water Quality Study Project No. 195 (Hydrogeologic Analyses) FINAL ESTIMATE . . . . . . . . . . . . . . . $ 4,108. 39 Mark Traut Wells 151 - 72nd Avenue South St. Cloud, MN 56301 Repair and Maintenance of Well No. 5, Project No. 198 FINAL ESTIMATE . . . . . . . . . . . . . . . $31,918.00 TMI Coatinqs, Inc. 2805 Dodd Road St. Paul, IrIIJ 55121 1.5 MG Concrete Reservoir Repair Project Na. 193 (53rd Avenue & Johnson) (Contractor) FINAL ESTIMATE . . . . . . . . . . . . . . . $ l, 592 . 00 Gammon Brothers, Inc. 13845 Northdale Boulevard Rogers, MN 55374 Street Impravement Project No. ST. 1989 - 1& 2 Estimate No. 13 . . . . . . . . . . . . . . . $10,156. 07 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �RIDLEY CZTY COIINCIL MEETING OF MAY 7. 1990 PAGE 16 �DJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 7, 1990 adjourned at 9:54 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � � unroF F��� DATE: TO: FROM: SUBJECT: CC�1�ItMUNITY DEVELOPMENT DEPARTMENT M EMO RAN D UM May 17, 1990 �� • William Burns, City Manager m� Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Public Hearing for P.S. #90-02, Michael Servetus Second Addition� Attached is the staff report for the above-referenced preliminary plat, P.S. #90-02, by the Michael Servetus Unitarian Society. The Subdivision Ordinance requires that the City Council conduct a public hearing. The City Council should conduct the public hearing as required. BD/dn M-90-346 � � 1A � STAFF REPORT ���s oaTE CITY OF PLAMwV(` COtvhhSSION DATE : Apr i 1 2 S, I 9 9 0 FR! DLEY crr,r c�ou�c� oA� : May 7, 19 9 0 �T�pq MM/ dn REQUEST PERMIT NUMBER APPLICANT ' PROPOSED REQUEST LOCATION S17E DQTA SIZE DENSiTY PRESENT ZONING ADJACENT LAND USES �i Z�� �E$ PARK DEDICATION ANALYSIS FNVANCIAL IMPLICATIONS CONFORMANCE TO COMPREFENSNE PLAN COMPATB�ITY WRH ADJACENT USES & ZONNG ENVIRONMENTAL CONS�ERATIONS STAFF RECOMMEt+�ATION APPEALS RECOMMENDATiON PLANN�IG COMMISSION RECC�NAENDATiON � P.S. ��90-02 Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society To replat Outlot A, Michael Servetus Addition, into four lots; three of which are single family residential lots. 980 - 67th Avenue N.E. 75,375 square feet t 1.7 units per acre R-I, Single Family D��ellin� R-1, Single Family D�oellin�, to the north, east, south, and west Watermain needs to be looped under Oakley Street extension; sewer, water, and 67th Avenue extension will need to be constructed. $4,500 to be paid at time of building permit Yes Yes Existing peat deposits in location of building pads Apgroval Approval �? Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 2 Request Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society are requesting that Outlot A, Michael Servetus 2nd Addition be replatted. This replat would create four lots, three of which would be for single family residential use. Site The site is addressed as 980 - 67th Avenue N.E. and is located near what would be the 67th Avenue and Oakley Drive intersection if 67th Avenue and Oakley Drive were extended. The Michael Servetus Unitarian Society church is located at the southeast corner of Outlot A, and the existing church parking lot is located in the area of Lot 1 of the proposed pZat. In addition, the Unitarian Society is applying for a special use permit for the expansion of the church building and the City of Fridley is vacating the portion of the Oakley Drive that was dedicated in the Michael Servetus Addition in 1973. Analysis The following issues need to be evaluated to determine if they meet the requirements of the subdivision code: 1. Traffic issues 2. The design of the lots 3. Utilities 4. General site conditions Traffic The proposed plat would require that 67th Avenue be extended further to the west within the right-of-way which was dedicated with the Michael Servetus Addition. This extension would maintain the existing 67th Avenue alignment. The City, at the time of plats, has the option of reserving right-of-way for future streets, and for the future extension of existing streets. In this instance, the City is requesting a 60 foot right-of-way be dedicated along the west property line of the proposed plat. The Minnesota Department of Transportation has long-range plans to upgrade Trunk Highway 65. These plans include closing the median crossings at 63rd Avenue and 73 1/2 Avenue, and intersection improvements (i.e. signalization upgrade) at Mississippi Street and 73rd Avenue. The Mississippi Street improvements include installing a median which would prevent access from Brookview 1C Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 3 Terrace east bound onto Mississippi Street. By reserving the Oakley Drive right-of-way, the City will be able to provide an additional means of access to the neighborhood. The extension of Oakley Drive and connection to 67th Avenue would serve three purposes: 1. Provide two means of access into and out of the neighborhood, especially in emergency situations where one street becomes blocked. 2. Provide easier maintenance. A through street is easier to plow than two cul-de-sac roads. 3. It would complete the overall traffic pattern in the neighborhood. First Western Development has proposed Meadowlands Park as a potential wetland mitigation site (see attached site plan). This is required in order for them to receive an Army Corps of Engineers permit to develop a shopping center at 85th Avenue and University Avenue. There are several wetlands at that site. The proposed high water mark for the wetland development at Meadowlands Park will be approximately 35 feet from the west Oakley Drive right-of- way line. Should the City Council, at some future point in time, decide not to extend Oakley Drive, the right-of-way could be vacated. The right-of-way, with an additional 15 feet from the park land, could be used to create an additional lot west of the proposed three lots. Prior to the Oakley Drive extension, the remaining cul-de-sacs of 67th Avenue and Oakley Drive would meet the subdivision code as they will be less than a maximum 600 foot length for cul-de-sac streets. The existing Oakley Drive will be extended an additional 50 feet to provide access to the newly relocated entrance for the Michael Servetus Unitarian Society church. � Lots There will be four Iots created within the Michael Servetus 2nd Addition. Three of these lots will be for single family residential use. These three lots meet the minimum lot size of 9,000 square feet (they are 9,375 square feet). They also meet the minimum lot width of 75 feet. In addition, utility and drainage easements have been dedicated along all four property lines of the three proposed lots. These easements will accommodate any future needs for utility placement and/or drainage needs. 11,J Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 4 The fourth lot is approximately 47, 250 square feet and will be used for the church building expansion. All of the proposed lots are laid out at 90 degree angles to both the 67th Avenue and Oakley Drive right-of-ways, as is required in the subdivision code. This lot also has drainage and utility easements dedicated along all four property lines. This lot meets the minimum lot size of 15,000 square feet for churches which is required in the CR-1 District regulations. IItilities In addition to this plat, the petitioner will be required to petition for the utility and street projects. The City will be completing the loop for the six inch water main within the Oakley Drive and 67th Avenue right-of-ways. Looping the water main prevents stagnant water from collecting at the end of a line, and allows any area to be fed from two directions. The extension of 67th Avenue provides access to the three proposed lots and four lots which were platted in the Michael Servetus Addition. Soils outlot A contains highly peaty soils. From soil borings taken in 1958 and 1967, there appears to be anywhere from two to five feet of peat scattered throughout the proposed plat area. The City does require that soil correction measures be taken in those areas where building pads and building foundations will occur. Staff is recommending that restrictive covenants be filed against proposed Lots 1, 2, and 3, Michael Servetus 2nd Addition, in order that any future buyers of these lots will be aware of the existing peat and the potential higher expense of construction. Recommendation and Stipulations Staff recommends that the Planning Commission recommend approval of the plat request, P.S. #90-02, to replat Outlot A, Michael Servetus Addition into four lots, with the following stipulations: 1. A park fee of $1,500 per lot for three residential lots shall be paid at the time of building permit ($4,500 total). 2. 3. The petitioner shall petition for the proposed improvements (67th Avenue extension, water main loop, sewer extension). The vacation request, SAV #90-01, be approved. 4. Restrictive covenants regarding the need for soil correction shall be recorded against Lots 1, 2, and 3, Block 1, Michael Servetus 2nd Addition. Q� Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 5 PLANNING COMMISSION ACTION The Planning Commission voted to delete stipulation #3 in their recommendation to recommend approval of the plat request to the City Council. The stipulations for approval of the plat request are as follows: 1. A park fee of $1,500 per lot for three residential lots shall be paid at the time of building permit ($4,500 total). 2. The petitioner shall petition for the proposed improvements (67th Avenue extension, water main loop, sewer extension). 3. Restrictive covenants regarding the need for soil correction shall be recorded against Lots 1, 2, and 3, Block 1, Michael Servetus 2nd Addition. STAFF UPDATE As a result of the Planning Commission meeting, the petitioner has submitted an alternative plat (labeled in the attachments as Plan B). The alternative consists of reserving a 60 foot wide outlot between 67th Avenue and the Oakley cul-de-sac rather than a 60 foot dedicated right-of-way. Secondly, Plan B would also contain a stub water line in 67th Avenue rather than the proposal for a water main loop to the water main in Oakley Drive. Third, instead of extending Oakley Drive 50 feet, the petitioner would construct a two lane driveway to the existing pavement in Oakley Drive. The petitioner submitted this option in response to the surrounding neighborhood concerns regarding the potential for connection of Oakley Drive to 67th Avenue. However, staff maintains its original recommendation of approval of the original submitted plat. The right-of-way dedication merely reserves the City's right to decide whether or not the two streets should be connected. The City also retains the right to vacate the right-of-way at a future point in time. Second, we recommend that the water line from 67th Avenue be connected to Oakley Drive. If Plan B is approved by the City Council, staff recommends that the plat be conditioned upon a legal document being recorded against the lots agreeing to hold the City harmless for poor water taste or odor. Further, a ten foot utility easement should be reserved along the eastezly edge of the outlot. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council approve the preliminary plat, subject to the following four stipulations: 1F Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 6 1. A park fee of $1,500 per lot for three residential lots shall be paid at the time of building permit ($4,500 total). 2. The petitioner shall petition for the proposed improvements (67th Avenue extension, water main loop, sewer extension). 3. The vacation request, SAV #90-01, be approved. 4. Restrictive covenants regarding the need for soil correction shall be recorded against Lots 1, 2, and 3, Block 1, Michael Servetus 2nd Addition. Despite the fact that the Planning Commission recommended approval of the plat, they deleted stipulation #3 which required the approval of the vacation. Because staff is recommending that the vacation request also be approved, staff recommends the Gity Council reinstate this original stipulation (see vacation staff report). P.S. ��90-02 Michael Servetus . 1� N //2 SEC. C�TY �F i NMCOANfR ( 77; ( S EC� /! �7' I � 21 O .'I � � r, __ :� N. O ' �' � �_ �_ ,� 3b���r�'�k,� .-��w ,r� (± I Q �'Y,, - M� !' s a � " .� - —' -- o., „ �, '� ,, ,,1:'� . *� � r "F? r„ �,,,� � _. ' ., .. i '� (,reo) .... ' � -- —w� ,,, � �.., .. ......, ..•' ro ; —L � �, �..� t /Q �,..,. ..�...� ,. , � � ± , w����. �QD •, �, , cy � � ��I � !"� d `, , yi /� yy,� m r� �.� , //J' , y�rr�M•n�►, � ' ,W�� / /3 Cr� 6' r� 0.:, i,� �l �. i.•'A/ 1+ ^. 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FC. ! � � _'" 23 24 LOCATION MAP Y Z � � F W H Q H N P.S. 4�90-02 Michael Ser•T^ `� . u�cc�cc E �:;� i<.� EEK ZONING MAP tt � � � �i � � � �'�� _ � � .; : : •� � � � _ �j' � � �`�. � E ; ' ; Z � �r � ���; ! � i ! s:ri �jt ` �! � ' � o f^� �l�� f� _ � �s�F t=� ���� i', � � ��:� i � 1 s • = E_!s � � �� P o � ��:1 � � � i i s s�s� � � r �, � , o� Q} � o" . z . N � � r.;a�:�r : � r,t�3s � wI i.I�; ��i � \ \ i3 1 � i _..�.31 \ �\ > � �� _t.r...� � __ " ' � "i w� ----=`=--- --- ,. P . S . 4190-02 Michael ServetL i1�J ' v ' ��� � i �� � i . ;� t ��3: � � � �ii� i � � � : � �:,:�:: e t� / � ; `'•.. � � �� � , , T �— --�! --� � c' � ; ' ',- '�ti, ' ��f,��i ,�_._�• _ -�t• : S: J . „ �_ : :... � , < '� • . - ' � � �) . ' � ` r , I � I. '\ I Q �s . s •� � +�� j, �, �""' j � � c� } � � _' , � ' ,•, • _1L —�' � � ! 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Da . . _ � m� .,� , � � ' r . � �, r ,. �—si � , :� _ m f� � �v , �� < ;; rn 11 � -� � N Z �� �D op � �s � fiFi [ � � � '=� � 0 � � �::_ �i � ' = • _ � � i � � ; i. •• ;it � �! �i:i � i r t s..;� � 0 � � �' �=: r��r � � � i I t� "- � � � �� �� ��� �s:s i: i "�i f'i � z � a� e�! � j�- E: � { i � if � � �i � � ���! j i i� �� t' = i s�� f i� E � � �` � : i �� � � ! : i • . .� i 3� ' '� � . 1 � PLAN B � .'. P.S. �i90-02 Michael Servetus I,f Oakley dedication is denied � ?�D�PI�.�+� `�t� HSUS will pzovide lane to blackt� _. M' �'��lf ' .• C �� ` , / ' V �7� ' ' ' � � �y . ��� _ �_ � . .- ._ . � - PLAN B 1K � 1 . j'� ,�.� ,..: ,... � � ��� � � _f_ � . ,� �� �i � � �� � I ��,�� .�- „ � a �y ► �. � . - � - ----_- - E�i� i�► � �,'.3Jn.�� ,. � � , { � �I•. � � � ; I!, � f__ _ i.. �:s� � T b - � i�, ,� ,.o � J• y I� z � ��+1 �Ft�l ;� � ��� . ����' �` ' t s � �l .�E�1 � i�P� �I= ; i � � ` � ' � ?. ►,,. ..,, � � I �,;� � �, . �i � r �� ?`f}: � — "; s � �K° ; ���� �c� , � � ,�� •�,=, .s ,;.�; � .� �' I �� ,� '���.�IE � ,} E�I�- �, i I �1.�, ��t\ '� _�_!l�;l , _� . �� � `� � � `�'� ^zi� I�' a ���' � :' ` . ;', �� . ��r ,I � , -'�i ` y�' r 1 _ .I 1 () )k (i`. S �.t � i �17Lw I I j� �-. t=� !� ; t., ; r • i �� � ;: � ' �� i: �`;� t�! � �`�; �r � � � !� �F ,',4:� �MI_ .• ��• : � --,�.. � ..: �f t �1I1�ti �N�� -''��;� - — — — — ;��,i _ - — --- .--.,T., -_ Ilc�oatD raiL1J 4,lJ � di.rVEY D�•WE � P.S. 4�90-02 Michael Servetus ' �� � � I� � :� I � ' ' �. . � ' ; ��•��•� _: � �„ � v � — � 1 — — �• —�i � . a 1 ' • I �, - a' � , , I� ± v � � � � � . L�y � '—_ �'s� _- _i ._� � `• I • 0 �' S� � i � —� �,r�i� � �,.: - � �:► ��:� � I' ,�, . . I � it •'� - i ` .<R .� s5� � g � �� =F ��• � •� � `�' � ' .�..� I �' � �� � � ;; � � � .... � �'„-,.� ,.., � � �� .�, � I � � ��..:=� - �� �:.n � � �! I � �i -:` � ��1 � � � �i ���• '�'' ' � i -� J�:� � �� �1:; . , � -,-- _ � �. . : ,, �- �. � � �. f� � � F� � t� �_ „ ;f p , I� f : �� ., E - - _ . _ . ..., ..,........ . ....•....• .._...r _ � _ __._ _ � � . . I I • Y I _ I� T '� 1r L I� ,_ ,,. ... -- - � �, fl I JY � �� � � � , � �' � � � i�� �F� Rj��''li � �b€� ;. �'��:4 �; t �"'�,, �^ ��P�J�, �i � � i�; ,, �� ;:a;=�4��;��z �� 7 , �,a! si J r r z � ; �� �! N � �' � � � i a l � � SITE PLAN 1L g � � ��� � C C ,, �� c ��; .( c� ( � � .; ,� �� S �� � -.��1 N J � � : �, � � e, _ .a z � aa� - ;^ K ���--� � �J� /{ P.S. 1�90-02 Michael Servetus O ' ., � i 1 r ; � ti��' � �` � , � 1 n= T � ` .� J ��� �` .. � � i � ��� -_,, �t _� - .� —� �-- , ----- --�-- - � O J �� ,J �-� �� --, r ! � ���`�,— �t ` _ , LANDSCAPE PLAN 3t �' � - ts �a �+ ti R� , .� � i � � ---{ j � � i �� ► �i ��. _ ��� � � 1� --� � _ � :� �� � � —�i - �-�a ._ �( jr � ��� / ,� � P.S. ��90-02 Michael Servetus �f.�i �� � ; � ,- a, , � � � � '. .'� o � � � � � I ��j a,= ��� .; �► �� I,,,, ,:�; (, �i; jll ���� � I (r m �+ 'll'I"!'�I,' �� � iN�. ' � i��,�,; �,i I' ����'�� � I �:��'�J,� i' � + �j �;; � I � �� }Ii � I� � �� �� �f ;! f +, � ;� �i .l ,i , �i — --; i . �� ,i �� _ _.�� . ... l., � d 1 �3 �f �: EL�VATION i �� ! � I �� i i�+�l' �� �� �b '�_." I�!I� e f �i �� kd +il'�II; ;��, t d I f �t :,�1� � "J,, ����i'�� � �t ���z,: _ ___ I �''11ji'`'i , ! �. II ; ,li�� J' ��I � `.� ;: --- = i c �'� � I �l-� i � � �� ,�' ° i�� � ,a� � �� ��� � !;�r ��! �w � � U { i �:i� � '�� � ,'� �,. ,�,, 1 i � ;�, ;, � r :� _ ' � : ;;� �, '� ���,i �� �� '1 ; � �� ���� �;� �� � � � � _ ;i � �� �_ , ., - : , � '' ��� ' I �� T� ,� i �l : ,,�, ;� � i� 1 ' �i ' ;� � � � ; i�,' ,I � I,. � � � i 1� a� ����� il � � � ;� � � � �� � • � ! � ,�i �-I� � ,; , � �i.l, � �� I �� i ',����I� i ' � �� � ,�,!�; �I�ii. i� �iI � i iI; . ;� �,,���,�;I l t � � '1( 'i j,�'� '��, �I -���`�, ; j 3 "� � I�+I' +� I � �� � � � i ��' ��'', � �� I � I I 3� .TZ �� . � �;�� � �j�,����.,��`��'����i .� �h � ti . ••y .,�-r;�,� rl�Ii'i i 9 � �, �I�;:�I � ,J � .' j;l�;, � � •�� � . . � ;i � � ,� � ,•� ,;, � � .•, '!'I� � � _ .; .. _. � li;q��� � , i���; � :' J� �S N, ' III� III' •f t I , i �.i �� {� � �1 f � � �;; :�' i � � . ; ��� .,� . ., �n !il� i,�� �- i ' �.': _.. ' I��� i i, ! i 41 ----� . --- �� , .j i �'; . � , � e� if � P . S . l� 90-02 Michael Servetus ii `l � �, ' �'I' � �;�i I���, ��� ��� � � � I '' � �i 'I ! � � �4�'i�: ��; ��--. a �>� . , � �' � , � ;,�� �, �'Rm� �r? ;T- �t 4 � a� 3� 5� . �; �� I EL � �� F i• f- � �.. a� 0 � 1� �VATION � � cinroF F��� C0�1/1MUNITY DEVELOPMENT DEPARTMENT MEMORANDLIM DATE: May 17, 1990 � � • TO: William Burns, City Manager�• FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Public Hearing for Vacation, SAV #90-01, Michael Servetus Unitarian Society Attached is the staff report for the above-referenced request. The ordinance requires that the City Council hold a public hearing for the vacation request. Staff recommends that the City Council conduct the public hearing for this vacation request. BD/dn M-90-347 2 � 2A t STAFF REP4RT APPEALS DATE C�N � PLAt�N�K' COt��MSSION DATE : Apri 1 Zs , 1990 F[ZlDLE.Y crr�r cou�,c� oA-r� : May 7, 1990 �Hpq MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZ E DENSITY PRESENT ZONING ADJACENT LAND USES $� Z�i� �ES PARK DEDICATION ANALYStS F�IANCIAL IMPL.ICATIONS CONFORMANCE TO COMPREifNSNE PLMI COMPAT�ILITY WITH ADJACENT USES 8 ZONNG ENVIRONMENTAL C►vNSIDERATfONS STAFF RECOMMEPDATION APPEALS RECOMMENDATION PLANN�VG COMMISSION RECONMAENDATION � SAV 4r�9Q-01 City of Fridley To vacate the existing Oalcley Street within the Michael Servetus Addition. R-1, Single Family Dwelling R-1, Single Family Dwelling to the north, south, east, and west Yes Yes N/A Approval Denial 2B Staff Report SAV #90-01, City of Fridley Page 2 Request The City of Fridley is proposing to vacate the existing Oakley Street which is dedicated in Outlot A, Michael Servetus Addition. This vacation is related to the proposed preliminary plat request, P.S. �90-02, by Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society. Site The dedicated Oakley Street is currently in the shape of a cul-de- sac "bubble" and is located in the southwest corner of Outlot A (see preliminary plat map). Located on Outlot A is the existing Michael Servetus Unitarian Church which is addressed as 980 - 67th Avenue. Analysis The City is requesting this vacation, as the Michael Servetus 2nd Addition preliminary plat proposes a 60 foot right-of-way to be dedicated to the City of Fridley in order to reserve the right to extend Oakley Street to 67th Avenue. By vacating the existing Oakley Street "bubble", the additional right-of-way east of the proposed east right-of-way line of the proposed Oakley Street dedication will be "returned" to Outlot A and will be able to be used by the Unitarian Society as part of its lot. Recommendation and Stipulations Staff recommends that the Planning Commission recommend approval of this vacation request, SAV #90-01, to vacate the existing Oakley Street in Outlot A, Michael Servetus Addition. It will be necessary for the City to record the ordinance vacating Oakley Street prior to the Michael Servetus Unitarian Society filing the final plat. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to deny the vacation request. The Planning Commission wanted to ensure that the church would have legal access to their property, should the plat not be approved with the dedicated right-of-way between Oakley Drive and 67th Avenue. STAFF UPDATE As a result of the Planning Commission's recommendation to deny the vacation request, the petitioner has submitted an alternative option which is labeled as "Plan B" within the packet. Plan B includes a realignment of the church's proposed parking lot to rt� Staff Report SAV #90-01, City of Fridley Page 3 accommodate the bubble of the Oakley Drive right-of-way. As was mentioned in the plat staff report, Plan B proposes that the church will construct a two lane driveway to the existing pavement edge in 0akley Drive, and that the 60 foot dedicated right-of-way be changed to an outlot. Staff maintains its original recommendation to approve the vacation request subject to approval of the preliminary plat creating a dedicated right-of-way from the edge of Oakley Drive to 67th Avenue. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council recommend approval of the vacation request subject to the following stipulation: 1. Approval of preliminary plat request, P.S. #90-02. •'►CO�MfA l LLJ f fC. I! �7 S SAV �i90-01 City of Fridley N �/2 SEC. 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J .,M� '•� ` � �� __._,_.s__ f � :i: � • •` . �w� ;. -�J � �. �, � \ :, � � O� �� C � f �: f ,� � Y. � • � , l f �j ` � � ` ` . / � .��� Y t�' � ` , ������� � ��. �' � � j� � \ '+•_ _ •W•� � `' � 133?!1S � = 133a1S J�31�dQ 1 ,'� , i a���n? 1 �� l\� \� • '� �. � \\ \ � ' 9 i 0 PRELIMINARY PLAT � �. c \\ ,\l �1 � � �� ,� .���� , i -:..,.. � ..�. r �.Y� " � • C � �� I • \. \ f. ' . , I z � a . +..' �� ,I �� � , �•� , �; � �. i�� ,;\ f i . ,� .,� i — �, , � �; �, � ` � �� , {� .!�- f .�� � �U � ��;� j �� • � ` �s= r � � �:� t Eii � � � �(! � st t`� �..,.,_.,�:�ri . ` � s� �c.::� ��t�: ; r�:, SAV �190-01 City of Fridley : � _ � � n � �� �� j � f� :.� �,;,� r+t � �' � :i =i . I D, • • ? . fTl -�c �� � �� : � . � .. �- . , �� ' �� m � f! � < _ .e ) � m 1� � -� � C � � N I Z �� �D �t �� � � � z�cc i � � � � � �,,_ � 0 : �� i • _ i :: � . : r ! ::�! � "'� � j � ; f �;i �ia' � 's � � =-i; O ` �_ �, �� j�� �i-i i i � ii s=;; ��L � i f : '� -�i� f � �� �� . ,�s . ! E- i : � ;E � � s' � � ! ` �_�� r �: i':' ti =f � : E � ; r � �� . }. � i f .� � ! f � �, � � � . � � .� � i �� � � a�l • ; 3 . 1 : I PLAN B I COMMISSION VACANCIE$ AND TERMS THAT WII,L E%PIRE IN 1990 FOR CITY COIINCIL CONSIDERATION CORRENT MEMBER Planninq Commission At Large - Vacant Environmental �uality and Enerqy Commission Vacant (Wayne Wellan resigned.) TERM E%PIRES 4-1-93 4-1-90 Human Resources Commission �'aul Westby 4-1-90 666 Kimball Street (H) 780-4326 {B) 571-1345 APPOINTEE 3 � 1 SAV 4I90-01 City of Fridley I,f Oaklay dedication is denied I)}���� �"a � I'V HSUS will provide lane to blackt� p - M_ / .��T _ . .. �t'�.� , ..i � / / , ' � / � 1 .� .�.. -- l I / l - _ .. - --��� r.+ � � : 1 1 J - - � �\�""`� f _ � ��.� � � ti -�i � � PLAN B r.� ■� i' / � unroF F� �� DATE: TO: C011l.IMUNtTY DEVEL�PMENT DEPART'NtENT NtEMORANDUM May 21, 1990 William Burns, City Manager FROM: Jack Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #90-05, by the Michael Servetus Unitarian Society Attached is the staff report for the above-referenced request. The Planning Commission voted unanimously to recommend approval of the request with the following stipulations: 1. 2. A grading plan shall be submitted prior to the issuance of a building permit. A revised landscape plan shall be submitted prior to the issuance of a building permit. 3. The site plan be modified to reflect the requirements for parking setbacks and number of parking stalls as required by City Code. Stipulation #3 was added when the Planning Commission voted to deny the vacation request, SAV #90-01. Staff recominends that the City Council concur with the Planning Commission action and approve the request. MM/dn M-90-302 2.5 � 2.5A � STAFF REPORT APPEALS DATE C''� � �LAi��(a CpMv�SS10N DATE : Apr i 1 25 , 19 9 0 f R! DLEY cmr c:ou�c� �A� : May 2-1, 1990 AuT►�OR 1�Il�i dn REQUEST PERMtT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY P�RESENT ZONING �1DJACENT LAND USES � Z�%ii� ��$ PARK DEDICATION ANALYSIS FNVANCIAL IMPLICATIONS CONFORMANCE TO COMPREI-ENSNE PLAN COMPATBILITY WITH A�JACENT USES E� ZONNG ENVq�ONMENTAL C;ONSIDERATIONS STAFF RECOMMEI�ATlON APPEALS RECOMMENDATION pLANN�VG COMMtSS10N . REC.ONNAENDATION SP ��90-OS Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society Special use permit is required under the R-1 zoning district for the church expansion 980 - 67th Avenue N.E. R-], Single Family Dwelling R-1, Single Family Dwelling to the north, south, east, and west on site N/A Yes Yes Approval Approval 2.5B Staff Report SP #90-05, Kate Kemper Page 2 Request Kate Kemper and Phyllis Forsberg are requesting that a special use permit be granted in order to expand the Michael Servetus Unitarian Church which is located at 980 - 67th Avenue N.E., the same being Outlot A, Michael Servetus Addition. A special use permit is required under the R-1 single family zoning district requirements to expand a church. Site Located on Outlot A is the existing church, a gravel parking lot, and a small bituminous pathway connecting the parking lot to the church. The sanctuary of the church rests atop a low, one story building which is set back into a hill, and which serves as a fellowship hall and Sunday School. The sanctuary is approximately 100 years old and considered to be a historic building by Anoka County. The sanctuary was moved approximately 22 years ago from a lot on East River Road, located north of the Christensen Auto Body building. The Michael Servetus Unitarian Society church cemetery is located to the north and east of the Christensen Auto Body location. Analysis � As part of this request, the petitioner has also requested that Outlot A be platted into four lots. The City is in the process of vacating Oakley Street that was dedicated in the Michael Servetus Addition. The petitioner is proposing to relocate the sanctuary from atop the building to a Iocation at grade, build a second story addition on top of the existing fellowship hall which will serve to provide Sunday School classrooms and offices for the church, and build a small addition to connect the sanctuary to the fellowship hall. In addition, the Unitarian Society will be constructing an L-shaped parking lot to the north and west of these buildings, and will relocate the entrance into the church from 67th Avenue to Oakley Drive. The City will extend Oakley Drive an additional 50 feet to provide access to the church. It is the hope of the Unitarian Society that this remodeling and expansion will upgrade the facility and provide a better face to the neighborhood. The Police Department has worked with the Unitarian Society in reducing the number of teenagers visiting the church on Friday and Saturday nights to see if the "devil's church" rumors are true. The relocation of the entrance of the church from 67th Avenue to Oakley Drive will have an impact on the adjacent neighborhood. Currently, six houses along 67th Avenue are impacted by the traffic of the church. Once the driveway has been relocated to Oakley Drive, there will be ten houses that will be impacted by this same 2.5C Staff Report SP #90-05, Kate Kemper Page 3 traffic. This church is also located within a neighborhood, not at the edge of a neighborhood on a major collector or arterial street as are a majority of other churches in the area. The petitioner has indicated that unlike those churches that are located on arterial streets and have large memberships (Grace Evangelical church is a good example; it is located on 73rd Avenue, and has approximately 200 members), this church has approximately 43 members. The service on Sunday at 10:30 a.m. is attended by approximately 2/3 of their members generating a parking demand and of approximately 30 cars. The current sanctuary seats 54, and after the expansion, it will seat 84. Other activities of the church include some week day evening meetings at which approximately two to three cars would be using the parking lot. The Society has rented their facility in the past for weddings during the summer and hopes to continue to do so in the future. The only large activity which the Society holds during the year is its large Labor Day auction, which is used to raise funds for the church. The petitioner has submitted a landscape plan which staff has reviewed. The petitioner is substituting red maple for the proposed ash trees, and rearranging some of the other plant materials on the plan. A grading and drainage plan needs to be submitted in order to insure adequate detention/retention of storm water. Recommendation and Stipulations Although the church is located at the end of a cul-de-sac, the traffic generated by the church members does not constitute a significant impact to the neighborhood. Also, the expansion of the church will improve the appearance of the property and provide adequate parking facilities built to ordinance requirements. For these reasons, staff is recommending that the Planning Commission recommend approval of this special use permit request, SP #90-06, to allow the expansion of a church facility within an R-1 zoning district, with the following stipulations: 1. A grading plan shall be submitted prior to the issuance of a building permit. 2. A revised landscape plan shall be submitted prior to the issuance of a building permit. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the special use permit request with the stipulations as recommended 2.5D Staff Report SP #90-05,� Kate Kemper Page 4 by staff. In addition, since the Planning Commission recommended denial of the vacation request, the Planning Commission amended the stipulations as follows: 1. A grading plan shall be submitted prior to the issuance of a building permit. 2. A revised landscape plan shall be submitted prior to the issuance of a building permit. 3. The site plan shall be modified to conforn► to the zoning code prior to the issuance of a building permit. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. SP 4� 90-05 Kate Kemper 2.5E lV �/2 SEC. C/TY Of �N/COAN[A Z � : ZI src. i� "', �. -j) ��� y � ?/ y t 1 h '!M '� Ik�, i,� � li � '�� � � r 1 \_ � Sw 4 3 i � 'v i 'IZ '" ...•►.. tl� � ' � • } i — — —~ t � y' , � � µ •.. i � � � QN.•r. .:,- �' .JIO) � ��r..�� p -�� � ...ii� r..' i } t�u � Q' • � � '�jQO /�w.' wy.� �/ Ii '�J i - . 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S�TE PLAN � � cinroF fRIDLEY C0�1/IMUNITY DEVELOPMENT DEPART'MENT MEMORANDUM DATE: May 17, 1990 TO: William Burns, City Mariager�!�� FROM: SUBJECT: Background Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator First Reading of Ordinance for the Sale of Excess Property; East 6 Feet of a Vacated Alley; Wayne Johnson On August 14, 1989, the City Council conducted a public hearing to determine whether or not the east 6 feet of the vacated 12 foot alley abutting Lots 1 through 9, Block 5, Hyde Park, should be considered as excess, and conveyed to abutting property owners on Lots 22 through 30, Block 5, Hyde Park (see attached graphic). The City Council closed the public hearing and requested that the petitioner, Wayne Johnson, confer with the adjacent property owners to share in the expenses of conducting the court proceedings to memorialize the certificates for the additional property. The property owners have already accrued the west 6 feet of the alley by virtue of the alley vacation approved by the City Council in May, 1988. As you may recall, in order for the property owners to obtain title of the east 6 feet of the alley, a deed from the State of Minnesota must be conveyed to the City first prior to conveyance to the abutting property owners. The two property owners to the north of Mr. Johnson have Torrens property and opted not to participate in the court process. The two property owners to the south of Mr. Johnson have abstract property and have decided to accept the east 6 feet of the 12 foot alley. Because these property owners have abstract property, there are no costs to them since they do not have certificates which need to be memorialized. By separate contract with Herrick and Newman, Mr. Johnson is moving forward with the memorialization process for his property. `; DOHL CURRY JOHNSON EARLY HENRIKSON I 61 st Avenue r • • � •.. N � � � - -� ----� � ^ � � M M � _ ( � � � ; `� a _` � � C_{ � ,. � � , � � �� o; La Q r � ,-- — — — —a } � � N . •l � � �-_ -- -- vi � ' � L� ; � � �� �' f � 0 . _ � _� �� _ a � Ot ` � v � ` . i__ . __ ' 1 _'_ . - ; �� i_ _ __- �.. _ � J � 12' vacated atley (s' to west; s' to state) a� � 4C ORDINANCE NO. AN ORDINANCE IINDER BECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL LSTATE TO BE SIIRPLIIS AND AIITHORIZING T8B SALE THEREOF SECTTON 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: The east half of that part of the vacated alley which adjoins Lots 5 through 9, Block 5, Hyde Park, lying north of the south line of said Lot 9, extended westerly and south of the north line of said Lot 5, extended westerly according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. All lying in Section 23, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: August 14, 1989 First Reading Second Reading: Publication: 4D of SBF Addition; and (2) a park fee of $.023 pe square foot shall be paid prior to issuance of a building pe . Ms. Dacy stated in regard to the third tipulation regarding the need for a variance, staff has consul d with the City Attorney and he has recommended the petitioner ove the west property line to the west so it would fall on th common drive. She stated staff has verified the petitioner's rvey to make sure the plat locates the lot line within the co driveway and not the parking stall, therefore, the stipulatio regarding the variance is not needed. Mr. Farrell stated t re are problems with the project which are � fairly typical. H stated Cub Foods is still on the lease for the building and he s working with them to negate their lease. He stated it has lso taken longer than anticipated to obtain the financing so hey are several months behind schedule. No other ersons in the audience spoke regarding this plat. MOTI by Councilman Fitzpatrick to close the public hearing. Se nded by Councilwoman Jorgenson. Upon a voice vote, all voting e, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:35 p.m. 2. PUBLIC HEARING ON THE SALE OF EXCESS PROPERTY BETWEEN LOTS 22 THROUGH 30 BLOCK 5. HYDE PARK1 BY WAYNE JOHNSON: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:35 p.m. Ms. Dacy, Planning Coordinator, stated this public hearing is to determine whether or not the east six feet of the 12 foot alley abutting Lots 22-30, Block 5, Hyde Park, is excess property. She stated in 1988, the City vacated the alley at the rear of these properties. Ms. Dacy stated under Minnesota law, half the alley access went to the property owners to the west and the other half to the State. She stated the City approached the State for a deed to convey this back to the City in order to convey it to the property owners. Ms. Dacy stated in order to record the deed from the State to the City, the County advised the City that the State's Certificate of Title has to be memorialized. She stated this requires a court proceeiiing which takes three to six months. Ms. Dacy stated this public hearing is to obtain input from abutting property owners affected by this vacation and if they are willing to proceed with the City in this memorializing process. Mr. Herrick, City Attorney, stated the State has deeded the property to the City, but it cannot be recorded. He stated in the 4E �RIDLEY CITY COIINCIL liEETING OP �UGIIST 14. 1989 PaGE 6 Torrens system, when any changes are made, they are done by attaching memorials to the certificate. He stated in this particular case, what needs to be memorialized is the City's action to vacate-the alley. Councilman Fitzpatrick asked if the property owners adjacent to this alley already have the west six feet. Ms. Dacy stated the ordinance for the vacation of the alley was published, but it has not been recorded because of the complications regarding the State's Certificate of Title. Mr. Herrick stated if there are some property owners who want to express they have an interest in the east six feet, the Council should take this into consideration at this time. Mr. John Early stated he owns property to the south of Mr. Wayne Johnson. He stated they are in favor of Mr. Johnson's proposal, however, he wondered if the intent was to give the property owners the six feet or if they would be charged for this property. Mr. Herrick stated this is not a legal question, but one of policy. He felt the Council may not want to charge for this six feet if it really does not have much value. He stated, however, the Council may wish to address the court costs and if the property owners should contribute to these costs. Mayor Nee questioned the proposal to handle the court costs. Mr. Herrick stated he felt there was an understanding that the City would pay half the cost and the property owners the other half. Ms. Dacy stated because the process has taken some turns neither the City nor the petitioner were aware of, it was proposed, essentially, to split the cost of the court proceedings. She stated if more than one property owner wants the extra six feet added to their property, Mr. Johnson did not feel it was his responsibility to bear this cost alone. Ms. Dacy stated depending on how many property owners want to participate, a cost sharing could possibly be worked out. Mayor Nee stated he had reservations about the City paying these costs when it would be a benefit to the property owner and/or owners. Mr. Johnson felt this is a unique situation where the City would be obtaining an improvement which would benefit the community. Mayor Nee asked if anyone wished to speak either for or against the City finding this excess property and vacating the City's interest in the six feet deeded to the City by the State. 4F PRIDLEY CITY COIINCIL M$ETING OF �UGIIST 14. 1989 PAGE 7 No persons in the audience spoke in reply to Mayor Nee's question. MOTION by Councilman Biilings to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:00 p.m. Mayor Nee asked about the cost for this court proceeding. Ms. Dacy stated she thought it would be anywhere from $500 to $1,000. Councilman Billings stated he was surprised staff proposed to this cost sharing and was concerned about policy being set by staff, rather than the Council. He stated he would like to review this further. Mr. Hendrickson, 6031 3rd Street, stated he could use the extra six feet, but did not know the cost involved. Mr. Herrick stated assuming the cost is $1, 000 and if five property owners wish to proceed, it would be $200 each. He stated if other agreements were reached, the cost would be adjusted accordinqly. He stated the property would have to be conveyed if a property owner wished to sell or build on it. He stated considering the cost, he felt it was worthwhile for the property owners to proceed. Mr. Johnson stated he has been working on this for the last three years, and Ms. Dacy has been doing the best job in working with him to solve the problems. OLD BUSINESS• 3. ORDINANCE NO. 928 APPROVING A REZONING, ZOA #89-03, TO REZONE �,OT 2, AUDITOR' S SUBDIVISION NO. 89 FROM M-1. LIGHT INDUSTRIAL D R-3 GENERAL MULTIPLE WELLING TO C- ENERAL B NESS GENERALLY LOCATED AT 7191 HIGHWAY 65 .E. BY E INES: MOTION by Councilman Schneider to waive th eading and adopt Ordinance No. 928 on second reading and or publication, with the stipulation approved at the first ding on July 24, 1989. Seconded by Councilman Fitzpatric Upon a voice vote, all voting aye, Mayor Nee declared the mo 'on carried unanimously. 4. m MOTION by uncilman Fitzpatrick to waive the reading and adopt Ordinan No. 929 on second reading and order publication. Sec ed by Councilman Billings. Upon a voice vote, all voting a, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL ![BETINQ OF �OGOBT Z8. 1989 P�GE 2 4G WAYNE JOHNSON 11610 53RD AVENUE NORTH PLYMOUTH - RE: VACATED Y: Mr. Johnson stated he is here this evening to request the Council's participation in the cost to memorialize the title for the alley which the City vacated. He stated he thought it was aqreed upon by staff that the City would pay half of this cost. Mr. Johnson stated the City may have erred in not constructing the alley back in the 1960's. He stated because this was not done, property owners installed their driveways in the front and some owners do not have a need for part of the vacated alley. Mayor Nee stated there is a similar situation where the City purchased land for construction of a street to North Park School and an adjacent property owner bought some of this excess land which the City did not use. He stated about a month ago, the property owner applied for a building permit and found there were problems with the title. He stated this is the same as Mr. Johnson's situation, except this other property owner paid for the property, and Mr. Johnson did not. Mayor Nee stated the City Attorney has stated the City should not pay for a clear title as the property was purchased under a quit claim deed, and he felt this was a similar situation. Mr. Johnson stated right now the City has an alley that looks very - bad and he is trying to improve it. He stated he felt he was doing the City a service in trying to make improvements. Mayor Nee advised Mr. Johnson that he has the land and can do anything he wants with it. He felt it is no longer the City's responsibility, but Mr. Johnson's if he wants to clear the title. Councilman Billings stated Mr. Johnson is saying he does not feel he should pay all the court costs to clear the title on the east six feet of the alley as all his neighbors will obtain part of this alley and they should bear some of the cost. Councilman Billings stated Mr. Johnson also points out if the City had paved the alley back in the 1960's, property owners would have installed driveways to the alley. He stated, as it now stands, some owners have driveways to the front and not everyone wants the alley paved so Mr. Johnson initiated the vacation process. Councilman Billings stated he can sympathize with Mr. Johnson, but he has a difficult time with the City paying half the legal costs as he felt it was not in the best interests of the City. Councilman Billings felt an alternative may be for the City to pay the cost to clear the title and then sell the property to owners who want the east six feet of the alley. Councilman Billings asked how many property owners or lots would be involved. 4H FRIDLEY CITY COIINCIL KBETING OF �IIG�ST 28. 1989 P�GB 3 Ms. Dacy, Planninq Coordinator, stated five lots would be involved. Councilman Billinqs stated he knows one of the property owners to the north of Mr. Johnson has a structure in the middle of where the alley was suppose to be and, even with the east six feet, he still would be in violation of the code. He felt that person has a vested interest in trying to obtain title to the entire alley. Councilman Billings asked if the memorialization for both the east and west half portions of the alley could be done at the same time. Mr. Newman, Assistant City Attorney, stated if some of the property owners do not want the property, there could be a problem. Mayor Nee asked if it was known how many property owners would participate in the cost for this memorialization. Mr. Johnson stated if the price was reasonable at about $100 for each •property owner, he felt probably all of them would participate. Ms. Dacy stated she and the City Attorney, Mr. Herrick, discussed the cost and Mr. Herrick agreed to do the work at a cost not to exceed $1,000. She stated abutting property owners have agreed to participate, if the City was involved so that their cost would be reduced. Councilwoman Jorgenson asked the cost for staff's time for their work in vacating the alley. Ms. Dacy stated she could not answer at this time since she was not involved from the beginning. Mr. Johnson stated a lot of staff time has qone into this vacation as Ms. Dacy is the fourth or fifth person he has dealt with in reqard to the vacation. He felt because of new personnel, it involved more staff time than if one person had handled it. Mr. Johnson stated he would like to complete his improvement and get the title cleared. He stated he felt someone made the decision for the City to pay half the cost. He stated he is requesting a decision from the Council if the City will or will not participate in the legal costs. Mr. John Early, owner of property to the south of Mr. Johnson, stated the alley has been an eyesore and the City has done absolutely nothing. He stated he would like to see an improvement and would be willing to pay a small amount to get this accomplished. Mr. Burns, City Manager, stated he felt Councilman Billings suqgestion has some merit. 41 �RIDLEY CITY COIINCIL MEETING OF �IIQO$T Z8, 1989 P�GE 4 Mayor Nee stated he would have no problem �rith the City bearinq the initial expenses, and collectinq these expenses if the property owners aqree to purchase the property. Mr. Johnson stated he did not believe it would be beneficial for the City unless the other four property owners indicate they would buy the property for $300 each. Councilman Billings felt staff, Mr. Johnson, and the four neighboring property owners should meet and make sure everyon�e is aware of what is happening and what their riqhts are. He felt all possibilities should be explored to try and resolve this issue. Councilwoman Jorgenson stated she would suggest staff review the costs involved to vacate an alley and if the fee actually covers the cost for staff's time. r nTCK SHERRY 5922 HACKMAN AVENUE - RE: DISEASED TREE: Mr. Sherry stated he has a diseased elm tree in his yar which was planted as a boulevard tree and now needs to be remove . He stated the tree, however, is 13 feet, 3 inches from the ri t-of-way and to be considered boulevard trees, they must be wi in 10 feet of the right-of-way. He stated the tree was planted efore the street was constructed and was not located within the en foot easement area. Mr. Sherry felt since this is a boule rd tree, the City should remove it. Councilwoman Jorgenson stated Mr. Sherry i not the only one with this problem as she has talked with Mr. ownsend, who also lives on Hackman Avenue, about a similar probl . She stated the problem is the City cannot use public funds o remove trees on private property. Councilman Schneider stated a ee across the street from Mr. Sherry was removed by the Cit several years aqo. He stated at that time there was a proqram n which the City partfcfpated in the cost, throuqh a State qra , and did remove diseased trees on private property as fund were designated for that purpose. He stated the program is n longer in effect. Councilman Schneide stated there is a proposal for an ordinance amendment where t City would remove a diseased tree and assess the cost back to e property owner. He stated if this ordinance amendment is a pted, Mr. Sherry could use this means to have the tree removed Councilm Billinqs felt the real determination if this tree is located on the City's right-of-vay is the lot pins, and not the locat' n of the roadway. Virgil C. Herrick James D. Hoeft Gregg V. Henick Of Counsel David P. Newman ��1l111111��ll (�. 1 �i � V W �yllfiu �Y ATTORNEYS AT LAW April 19, 1990 Barbara Dacy Planning Coordinator City of Fridlzy 6431 University Avenue `1.E. Fridley, MN 55432 RE: Wayne A. Johnson Dear Barb: This letter is to confirm our phone conversation of last week in which you indicated that you would place this matter back on the City's agenda to complete the process necessary to obtain an ordinance declaring the property excess. You had indicat�3 that you would check with the Henricksons and the Earleys to determine whether they wished to have the additional property deeded to them. Because the Currys and the Dohls have torrens property and have not elected to be part of the proceeding subsequent it would presumably be their intent not to have the property in question deeded to them. As soon as you have checked with the other property owners it is my understanding that this matter will be scheduled to be heard by the City and an ordinance should issue. Please contact me if you have any questions or problems or if attendance by Mr. Johnson or myself as his representative is necessary in any of the proceedings. Sinc rely, V 'Gregg �Herrick GV�i/lal Suite 205, 6401 University Avenue N.E., Fridtey, Minnesota 55432, 612-571-3850 4J ��.' .. .�— . . 4K ---. -- - ---- ___ _ , _ _ . _ �� b �i�.. - �� QUIT CLAIM DEED The State of Minnesota having heretofore acquired in fee the real estate hereinafter described and the Commissioner of Transportation of said State having determined that the same is no longer needed; Now, therefore, upon sa id de termina tion and pursuan t to Minnesota Statutes, 161.44� the State of Minnesota� by Leonard W. Levine� its Commissioner of Transportation, grantor, at no cost, does hereby release, quit claim and convey to the City of Fridley� a municipal corporation, in the County of. Anoka, grantee� for public purposes� all its interest in and to the real estate situate in the Coun ty of Anoka � Sta te of Minneso ta � described as follows : All of Tract A described below: Tract A. The East Half of that part of the vacated alley which adjoins Lots 1 through 9, Block 5, Hyde Park, lying north of the south line of said Lot 9 extended westerly and south of the north line of said Lot 1 extended westerly� according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County� Minnesota. Dated this a3� day of ry�q��� � 19�% . A ved as to form: STATE OF MINNESOTA � � ^ � � .-� BY � . .�� %� Special Assistant Attorne General ( (Deputy Commis ioner of ansportation) Seal of the Commissioner of Transporta tion '�1�IA nr� u.,.....--- -- � t cinroF F��� C0�1/LMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: May I7, 1990 TOi William Burns, City Manager �•� � FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SIIBJECT: Variance Request, VAR #90-08, by Cheryl Stinski The Appeals Commission voted unanimously to recommend denial of this request to the City Council. Staff recommends that the City Council concur with the Appeals Commission action. The staff report for the above referenced request is attached. I�Il�I :1 s M-90-333 �� � sa � STAFF REPORT APPEALS DATE �y s, 1990 CITY OF PLANVNG CONMSSION DATE FIZ�DLEY CITY COI�VCIL DATE rlay 21, 1990 ��t 1`'a"1=ls REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION 941 xillwind 1�oad SITE DATA SI2E DENSITY PRESENT ZONlNG ADJACENT LAND USES 8� ZONING UTLJTES PARK DEDICATION ANALYSIS FINANCIAL MAPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPAT�ILRY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION �I , •� �: azeryl stinslci 'Ib increase the squa.rn footage of a free-standi.ng sign 48 sq. ft. t�o 72 sq. ft.; to increase the height of a standing sign from 6 ft. to 12 ft. above the finished ground grac�e. C�-1, General Office �1: 1�3, General Multiple Family; E: R-3, C�neral NN�ul Family, �: C�t-1, C�.neral Offive; W: Highway 65 Yes Yes Denial Denial � Staff Report VAR #90-08, 941 Hillwind Road Page 2 A. B. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 214.10.02.B requires that a free-standing sign have a maximum size of 48 square feet in area per development. Public purpose served by this requirement is to limit visual pollution and excessive signs in commercial areas. Section 214.10.02.0 requires that a free-standing sign have a maximum height of 6 feet above the finished ground grade. Public purpose served by this requirement is to promote ground level, monument signs in the CR-1 district. STATED HARDSHIP: Reason for variance and hardship: 1. Building accessibility due to trunk highway and interstate is such that a larger sign is needed for visibility. 2. Permitted sign square footage is not adequate to accommodate signage for the number of tenants. 3. Due to size of building and materials used, the building has significant impact and the signage needs to be of a larger scale to compliment this class A building and hence the entire development. I feel it is imperative to finish the project with a sign that is effective and aesthetically pleasing. C. ADMINISTRATIVE STAFF REVIEW: Request Cheryl Stinski is requesting a variance to increase the square footage of a free-standing sign in a C-Rl district from 48 sq. ft. to 72 sq. ft. and to increase the height of a free- standing sigx� from 6 ft. to 12 ft. above the finished ground grade. This request is for Lot 1, Block 1, Hillwind Addition, the same being 941 Hillwind Road. Site Located on site is a three-story building of stone and glass construction. This building was recently completed in the fall of 1989. The zoning for the parcel is CR-1, General 5C Staff Report VAR #90-08�, 941 Hillwind Road Page 3 Office. Zoning to the north is R-3, General Multiple Dwelling; to the east is R-3, General Multiple Family; to the west is Highway 65. Analvsis The Sign Ordinance outlines four circumstances in Section 214.21 that the applicant must prove prior to the Appeals Commission granting a variance. Section 214.21.02.A. That there are exceptional or extra-ordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. This property is similar to others along Hillwind Road. There are two other real estate offices which have signs. Coldwell Banker has a 35 sq. ft. sign, and they were granted a height variance to 15 feet in November 1977. This was granted prior to the adoption of the Sign Ordinance on November 21, 1977. Due to the reconstruction of I-694 and the installation of Jersey barricades, the Coldwell Banker sign and the proposed sign cannot be seen by eastbound traffic on I-694. Westbound motorists could see the sign, but the motorist is beyond the Highway 65 exit at that point. Section 214.21.02.8. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied to the property in question. The petitioner, under the CR-1 regulations, is still allowed wall signage, so denying the height or area variance would not eliminate a substantial property right. In fact, locating the "Hillwind Offices" text on the upper one-third of the building facade would allow it to be seen by eastbound traffic on I- 694. Section 214.21.02.C. That the strict application of the Chapter would constitute an unnecessary hardship. Denying the variance would not constitute an undue hardship as the petitioner has other alternatives for signage. Section 214.21.02.D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare or detrimental to the property in the vicinity or district in which the property is located. 5D Staff Report VAR #90-08, 941 Hillwind Road Page 4 Granting the variance will not have an impact on adjacent properties, but staff is concerned as to whether or not motorists on Highway 65 can read the directory portion of the sign, given its distance and unusual angle to the northbound lanes. Given that the building itself is a landmark, the free-standing sign acts more as an entry feature. The sign is also located on a three foot tall berm. Staff acknowledges that the stone used on the facade of the building is of a high quality, and the petitioner may not want to puncture this facade by attaching a sign to it. However, it would provide higher square footage and the free standing sign could be dedicated to the tenant signage. Recommendation Staff recommends that the Appeals Commission deny the variance as proposed since the petitioner has other alternatives for signage. In addition, increasing the height of the free- standing sign would not make the sign any more visible, especially from eastbound I-694. Appeals Commission Action The Appeals Commission voted unanimously to recommend to City Council denial of the request as proposed by the petitioner. City Council Recommendation Staff recommends that the City Council deny the request as proposed, as the petitioner has other alternatives for signage. 5E CITY OF FRIDLEY APPEALS CO�ISSION IiEEETING, �IAY 8, t990 �r�.��.wrrw.w�.+�w.w..r,►w.�rr�►w..�rwr�r.w. .�w��w.�.'+�1rti� �+�.�►w.�.w�.�. CALL TO ORDER: Vice-Chairperson Savage called the May 8, 1990, Appeals Commission meeting to order at 7:43 p.m. 1202�L CALL • Members Present: Diane Savage, Ken Vos, Larry Kuechle, Clifford Johnson Members Absent: Alex Barna Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Cheryl Stinski, 1612 Berne Circle Kathie Phillips, Burnet Realty APPROVAL OF MAY 1. 1990 APPEALS COMMISSION MINUTES: OM TION by Mr. Kuechle, seconded by Dr. Vos, to approve the May 1, 1990, Appeals Commission minutes as written. IIPON A VOICE VOTE, l�LL VOTZNG AYE, VICE-CSAIRPERSON BAVAGE DECLARED THE MOTION CARRIED IINANIMOUSLY. l. CONSIDERATION OF VARIANCE REQUEST VAR #90-08, BY CHERYL STINSKI• Pursuant to Section 214.10.02.B of the Fridley City Code, to increase the square footage of a free-standing sign in a CR- 1, General Office District, from 48 square feet to 72 square feet; and pursuant to Section 214.10.02.0 to increase the height of a free-standing sign in a CR-1, General Office District, from 6 feet to 12 feet above the finished grade, to allow the construction of a free-standing sign on Lot 1, Block 1, Hillwind Addition, and part of Lot 3, Auditors Subdivision No. 25, the same being 941 Hillwind Road (Hillwind Office Building), Fridley, Minnesota, 55432. OM TION by Mr. Kuechle, seconded by Dr. Vos, to open the public hearing. IIBON A VOICE VOTE� ALL VOTING l�YE� VICE-CBAIRPER80N BAVAGE DECLARED THE MOTION CARRIED IINANIMOUSLY AND T8E POBLZC HEARING OPENED AT 75�5 P.M. 5F �PPEALS COMMISSZON MEETING. I�tAY 8. 1990 PAGE 2 Ms. McPherson stated that this property is located on Hillwind Road near the interchange of I-694 and Highway 65. The northbound Highway 65 exit from I-694 runs parallel with Hillwind Road. The site is zoned CR-1, General Office. There is adjacent R-3, General Multiple Family, to the east and north of the site, and additional CR-1, General Office, to the south of the site. Ms. McPherson stated Cheryl Stinski is requesting that a variance be qranted to the Sign Code for the CR-1 district to allow the construction of a 72 sq. ft. sign that is approximately 12 ft. high. The sign will include the name of the building, "Hillwind Centre", and will have space for the names of the tenants. Ms. McPherson stated the Sign Ordinance outlines four circumstances which the applicant needs to prove prior to the approval of the variance by the Appeals Commission. Those circumstances are outlined below: Section 214.21.02.A. That there are exceptional or extra-ordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. Ms. McPherson stated this property is similar to others along Hillwind Road. There are two other real estate offices which have signs. Coldwell Banker has a 35 sq. ft. sign, and they were granted a height variance to 15 feet in November 1977. This was granted prior to the adoption of the Sign Ordinance on November 21, 1977. Due to the reconstruction of I-694 and the installation of Jersey barricades, the Coldwell Banker sign and the proposed sign cannot be seen by eastbound traffic on I-694. Westbound matorists could see the sign, but the motorist is beyond the northbound Highway 65 exit at that point. 8ection 214.21.02.B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied to the property in question. Ms. McPherson stated that the petitioner, under the CR-1 regulations, is still allowed wall signage, so denying the height or area variance would not eliminate a substantial property right. In fact, locating the "Hillwind Offices" text on the upper one-third of the building facade would allow it to be seen by eastbound traffic on I-694. 5G �PPEAL8 COIrIIdISBZON KEETING, MAY 8. 1990 PAGE 3 8ectioa Z1�.21.02,C. That the strict application of the Chapter would constitute an unnecessary hardship. Ms. McPherson stated that denying the variance would not constitute an undue hardship as the petitioner has other alternatives for signage. Bection Z14.2t.02.D. That the qranting of the variance �ould not be materially detrimental to the public health, safety, or general welfare or detrimental to the property in the vicinity or district in which the property is located. Ms. McPherson stated that qrantinq the variance will not have an impact on adjacent properties, but staff is concerned as to whether or not motorists on Highway 65 can read the directory portion of the sign, given its distance and unusual angle to the northbound lanes. Given that the building itself is a landmark, the free-standing sign acts more as an entry feature. The sign is also located on a three foot tall bena. Ms. McPherson stated that staff acknowledges that the stone used on the facade of the building is of a high quality, and the petitioner may not want to puncture this facade by attaching a siqn to it. However, it would provide a higher _ square footage of siqnage, and the free-standinq sign could then be dedicated to the tenant signage. Ms. McPherson stated that staff is recommending that the Appeals Commission deny the variance as proposed since the petitioner has other alternatives to explore for signage. In addition, staff believes that increasing the height of the free-standing sign would not make the sign any more visible, especially from eastbound I-694 traffic. Ms. Stinski showed the Commission an up-to-date photo of the sign. She stated the reason for the increased height and size is because of visibility. They are concerned that the "Hillwind Centre" and "Burnet Realty" text be visible. They know that the 4-inch tenant panels would be visible from only approximately 150-200 feet. Ms. McPherson stated that traveling eastbound on I-694, people cannot see over the jersey barricades. Only the top one- third of the Hillwind Office building is visible. Ms. Stinski stated they feel this building has a major impact on this corner. It is a focal point in the community. it was her intent to put up a sign without having to drill into the stone on the building. She wants to keep this a class A building look and have a sign that will be as classy as the 5H APPEALS COIrII+SI88ION 1tE$TING, IiAY 8. 1990 PAQE 4 building itself. The siqn will be halo lit so it will have very subtle-type lighting at niqht. Ms. Stinski stated she believed the "Hillwind Centre" and "Burnet Realty" text would use approximately 48 1/2 sq. ft. of the sign. Ms. Dacy stated that the interpretation of the definition of sign area in the ordinance would be that the area of the entire structure must be no more than 48 sq. ft. If the petitioner eliminated the tenant text panel, then "Hillwind Centre" and "Burnet Realty" text would be a little lazger than the 48 sq. ft. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE, ALL VOTING AYE, VICE-CHAIRPERSON BAVAGE DECLARED THE MOTION CARRIED UNANIMOIIBLY AIJD THE PIIBLIC HEARING CLOBED AT 8:00 P.M. Ms. Savage stated the Hillwind Office building is a beautiful building, but she did not aqree with Ms. Stinski that big buildings necessarily need big signs. She stated she uses the northbound exit from I-694 to Highway 65 quite often, and there is a very good view of the building from that direction. She stated she did not see a hardship, and she did not see that the purposes that have been indicated to grant a variance for the sign have been fulfilled. She always has a concern about free-standing signs. This sign I.00ks very attractive, but it is her opinion that free-standing large signs, like billboards, are very visually polluting. That is why the City of Fridley's Sign Ordinance is so important. She sees a lot of other cities allowing signs that are too large and which do nothing for the environment. She would have to recommend denial of this variance request. Dr. Vos agreed that there seems to be no hardship. There is nothing regerding the property that would make it difficult for visibility. The buildinq is very visible and can be seen from Hillwind Drive, Highway 65, I-694, Moore Lake Drive, and Central Avenue. He, too, would recommend denial of the variance. Mr. Kuechle stated he agreed �aith both Ms. Savage and Dr. Vos and would recommend denial of the variance. Mr. Johnson stated Dr. Vos brought up a major point, and that is that the building is very visible. He did not think a siqn would help find the building any easier than the building itself would. He would, too, recommend denial of the variance. ��PEALS COI+II�SI88ION ![EETZNG, KlrY 8. 1990 PAGE 5 2. �IOTION by Dr, vos, seconded by Mr. Johnson, to recommend to City Council denial of variance request, VAR #90-08, by Cheryl Stinski, pursuant to Section 214.10.02.B of the Fridley City Code, to increase the square footage of a free-�tanding sign in a CR-1, General Office District, from 48 square feet to 72 square feet; and pursuant to Section 214.10.02.0 to increase the height of a free-standing sign in a CR-1, General Office District, from 6 feet to 12 feet above the finished grade, to a21ow the construction of a free-standing sign on Lot 1, Block 1, Hillwind Addition, and part of Lot 3, Auditors Subdivision No. 25, the same being 941 Hillwind Road (Hillwind Office Building). IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CBAIRPERSON BAVAGE DECLARED T8E MOTION CARRIED IINANIMODSLY. Ms. McPherson stated this item will go to City Council on Monday, May 21, 1990. Ms. Savage stated she is willing to be chairperson; however, she did have a conflict with attending a]„� the Wednesday Planninq Commission meetings. The vice-chai�person would have to help divide up that responsibility. � Vice-Chairperson Savage declared th � nominations open for chairperson. Dr. Vos nominated Diane Savage f chairperson. Hearing no other nominations, y�ce-Chairperson Savage declared the nominations closed. / OM TION by Dr. Vos, se nded by Mr. Kuechle, to cast a unanimous ballot for ane Savage for Chairperson of the Appeals Commission fo May 1990-April 1991. IIPON A VOICE VOTE DECLARED THE MOT�C Chairperson chairperson Chairper�bn Savage chairr�s�son. � l�ILL VOTING AYE, VICE-CHAIRPERSON BAVAGE CARRIED IINANIMOIISLY. declared the nominations open for vice- nominated Larry Kuechle for vice- ing no other nominations, Chairperson Savage declared the nations closed. 51 VAR �� 90-08 Cheryl Stinski S //2 SEC. 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LOCATION MAP J n u � � ..;: :,,•'. j'.• ..e .� . : ' �� v� r \ . \' \` � VAR �89-07 Cheryl Stinski 1 t �._:s.as�v: --- + x . . ;.. ,. . — � �� i, i . , , I ; � ( 'c° -- — . _. . .. _. . � aw •e '•f -°...... i�._ . ..r.. r.� . - —� __� _ �— . � _ , I � , �� , ; l = -: .- , . �.� s . oe � � � ,j , ;i .- N � . . .. .j ! y� . . . � � � (�? � e /��'i � �� � � 1 . j �� �..a a�a + � 1 . i 1 _' � � NEW ::i� �.�: x � 4 STOFiY '!: 'r'. • � . i—. /a �.�_ OFFICE BUILDING �TM�� -=IS �— ��\1 . � ` � „ , � � v - w t�=�' _ ` � 0� �� Z,./ti.I'p Ii1,� ~ i.� a . . � ... r w � ' ' ; _ « � 5.�. . . s• (.i ln4�as. W / ; ; "_'ii ��oc.. r..� . �— ... i J'�"'T' _.•' ""'_!SL•!! ti�_"'� "�"': � ���"'� �O . — . ;� 1 : � ; , �: "" ....� , s I � ��ocw 1 11L�' ,i'.a /w�r W�-a� L�.ar�+� 4�'.P I:p' ''_ �7'-e• f �" • .... + . -4 s. t f,__ . w - f - --- - _.. _ �o�.�� -- . _ . � � • ' '..�' T • ,a,,o�� �� � i i ; '"e � =i; I �r �:8. � � � �! / •� _ ,� _._+—., . . - -- 'j ( -•-- � _____ aw:a�'--___ ��� �� � � � SITE PLAN APPE/tL � CONC4I� ;IOi�1 1�T:i TIPIG - OCTOUER 1 1, 1977 Pa�e 11� 5M 4. R^�UT:�T I'OR �IAP,IA?JC:: OI' THr, FRIDLEY CITY CODE S�CTIC 214. + TO Ii� �;�;a:; TIi;� :•I..XIi;Ui1 II:�;IG:�IT i OP, A FR::1, ;'!'i�I;:�II;G �IGi: I:i �R-1 I(';::IIT� G�:i;:,P,I�L GI'�� IC�S AI'•1D LI. i IT�D PU �I i1:,aa^ ; i?i)i�i ,^:?�^' `i'O 20 I�'� ;T !+,BOVi OT G,tt ;:, `i'0 �LLO:; T:i:, C�i�,�T:iU.r'.TIC.�; Or ,'1 1� LY I'OOT .`.�I^vi1 'I'0 i�'.� GC,�`.�,;D Oi� LO1 i' , �' ;I, aTAT?; 1 A:)DITI�ir T��:� ;�;i1" ?;�? �iu 9 1 HILL:JIhTD R� FR DLEY I�� P�:?s:;GT ;. P,eques � � orapany, 1 r 'treet, �xcelsior, Minnesota 55331) , MOTIOPi by 14r. Barna, seconded by Mr. Kemper, to open the Public Hearing, Upon a voice vote, all votin� aye, the motion carried unanimously. The Public Hearing i��as opened at g:11 P.M. ADP•4INISTR 4TIV� ST�`�� I' R�VI�'!'! A. PUBLIC PURPOS� SER�I� D BY R��TJ .-T�'t,.`4�PIT: Section 214.055, 4 requirin a maximum height for a free standir.g sign in CR-1 �general offic� and limited business) of 6 feet. Public pur�ose served is to provide for control of small si�ns in the linited zone of CR-1� B, STATED H�R�SHIP: , � Variance requested to permit sign to have visibility from 1�6g4, t�rhich is some 12 feet higher grade than site location of sign; and so that s�gn rrhich is 8 feet d2ep 1•rill not be buried t��o feet into the ground. C� ADMINISTRATIV� STAFF RE�TI�,",'1: The sign as proposed has not been located on the site plan at this ��riting� It is possible that such a high sign may be a detraction for the adjacent residential areas. Mr. Dick �'lalsh of 561 3rd Street, representing Equity Construction Company �vas present at the meetin�. rir. Holden requested Mr. ��falsh to indicate on the dra�ving the exact location of the requested sign. Mr. lUalsh indicated z�rhere the proposed sign would be placed. He said that the main reason for the request rras to enable them to have a sign that i��ould have exposure to Interstate 694. He said that the si�n r�ould have the Rea7. Estate 10 Logo. He said that there would be wood encasing around the poles of the sign and that the sign ��ould be internally lighted. He said that the light c�ould be on a time-clock that ►vould turn the Zi�hts on at dusk and then Real Estate 10 r�ould decide at �vhat time the lights Nould be turned off. ItPPEALS COt�f1�tIS..�'iInP? Mi �� IP1G - �CTOT3rR 1 1, 1977 Pa�;e 15 5N Chairperson �chnabel asked if there r�ould also be signs located on the Real Lstate office building in addition to the requested sign. Mr..t7alsh said that in all probabiZity there would be the Real Estate 10 logo signs lecated on the building itself. Chairperson Schnabel read from the existing Code Book regarding the ���all signs. She said that the dra�;�ing they had before them r�as shocring ttiro signs to be located on the building, she asked for explanation. Mr. Holden said that he �vasn't sure hoti�r the ���all sign subject l�ras being handled. Mr. :Valsh said that ti�hatever ti�ras done on the building v�ould be done according to the City Codes. He said that the main thing tiras to get a free standing sign to advertise tnat the building c�as in existence and also to advertise the name of Real Estate 10. Chairperson Schnabel ti�anted to knotir the height of the building. rir. Holden said that the highest �oint of the builciing v�as approxim2tely 20 feet. Chairperson Schnabel asked if the sign t�iould be above the 20 foot portion of the building. Mr. ►Jalsh said that possibly it r�ould be about 1- 1�- feet above that highest point. He said that it �vouldn't be extrer.iely high into the air. He indicated that very possibly the sign itself 1rouldn't be much above the 20 foot point. He said that the additional distance tvould probably be necessary because of the rrood casing that they t��ould put around the sign. Mr. Kemper r�anted to kno�� exactly rrhat the code said regardin� the request. Chairperson Schnabel said that the Code read, "Maximum Height of Free Standing Sign: Six feet above lot grade'�. Mr. �Ya1sh shorred the Commission different pictures of signs that had been constructed by the Company he represented. ���r�L� r,�i•n�11� �ION M�r.�rzrrc - ocTO�r.�t � i,� 977 P��'e � 6 Chairperson �chnabel indicated that a CR-1 and CR-2 zone basically covered tiedical and Office Builciings. She said that for some reason that particular piece of property h�d been zoned CR-1. She said that Real Estate 10 had to oUtain a Special Use Permit to construct their buildin� on that lot. She said that because of the CR-1 zonin6, the City still had to follorr the Sign Code that had been established for that zoning.�� She said that if Real Estate 10 had built in a regular CoMmercial District, a 25 foot sign �lould have been permitteci. Mr. �7alsh said that that �vas the main reason that a variance ��as being requested. Chairperson Schnabel said that the real problem rras that basically the area ti��as zoned residential. Mr. �tlalsh said that they veren't planning to put up any sign that rrould any �ray be offensive to any residential property. Chairperson Schnabel said that her big�est concern r�as the visibi?ity of the si�n over the top of the building �o the residential area that is directly behind. She didn't tivant a sign that t�rould be sticking above the roof. She said that the area rtas very open land ti�rith fe�v trees and the sign �rould be most visible to the surrounding homes. ' �here r�as some discussion by the Conmission members regardin� the lots and the zoning of the lots in the nearby areas. Mr. Flalsh said that they rranted to construct the sign to be as close to 20 feet high as possible. Mr. Kemper asked if the building r�ould have that type of sign at all, if the request ivere denied. Mr. l�lalsh said that they rrould be advised not to spend a lot of money for a sign that c�ouldn't be seen by the public. He said that they rrould have to do something to be able to inform people i��ho they rrere and exactly rrhat the building r:as. Mr. Kemper said that the sign rrould be out of place for the neighborhood. 50 : PPFAI� � C(`1�1�tISaI�I1 i4::�TII�1G - OCTO�?ER i 1, 1477 Pa�;e 17 5P t4s. G�bel pointed out that actually the sign e�as to be used for identification purposes rather than actuaZly advcrtising. Mr. ►lalsh said that any outdoor sign ti��as desi�ned to accomplish tti�ro vurposes. He said that the main purpose p�as to advertise the business and the other tvas a form of sub-conscience advertising� as �ras the case of The Real Lstate Company; a purpose of keeping their name in front of the Public. Mr. �'lalsh said that he felt the sign should be up high enou�h to be visible from Interstate 694 :rhich ti��as approximately 12 feet above the top of the buildin�. He said that they r�ould like to have as much flexibility as possible in placing the sign keeping in mind any guidelines that the Commission �vould set. Mr. �'�alsh pointed out that the Real Estate Agency tvanted the ma:�imun amount of signage that they could obtain. There i�ras a brief discussion by the Commission regarding the Sigr. Code that rras in the prccess of being re-:rritten. mhis discussion taek p�ace only for th� purpose of possibly seeing in L�hat direction the ne,: Code crould be going. It ti��as not actually a conclusive discussion. Mr. �7alsh said that Rea1 Estate 10 did spend a lot of money to have signs and advertising that appeale3 to the public. Mr. Plemel said that the point of the Free��aay 694 �vhere the si�n ��ould be visible �vas actually such a beautiful vierr of the city, especially at night, that he really didn't ti•rant that vie�7 to be ruined by a sign. Chairperson Schnabel explained that the problem the Commission r�as having v�ith the request r�as that after agonizing over a lot of signs, a project committee made up of citizens that revier�ed the entire Sign Ordinance cras organized. She said that a proposal from the project committee �ras in the process of being revieti�ed by most of the Commissions and ���as ready to be revie�ved by the City Council. She said that most of the citizen Commissions of the City of Fridley had been made very conscience and a�vare of signs because of the many discussions that had taken place during the past year. She said that it tivas that ar.�areness that rras causing the Commission to take such a hard look at the request. APPEAL� COt�II�lI� ;IOr1 t�1ErTI11C - OCTOT3ER 11 , 1977 Pa�e 18 _. 5Q Chairperson Schnabel said that the public opinions had been eYpressed to decrease the amount of signs and to create a locrer profile of signs in the City. Mr. ►1lalsh said that he �vas in favor of tasteful signs. Chairperson Schnabel said that she didn't feel there Ras any d�sa;reements to the type of sign being proposed. She said that it rras mainly the height of the si�n that v�as being questioned. Ms. Gabel said that the Commission ti��as really concerned about businesses. She said that the problem was ho�r they could be fair to both business and to the residents. Mr. ;'Jalsh rras in agreement to the sug�estion that the signc�ouldn�t exceed the highest point of the building. Mr. Ple:�el asked if he meant the message part of ihe eign, and that the border of the sign :rould be above the building. Mr. �9alsh said that is �•�hat he meant. He spent some time trying to convince the Commission that the sign .��ould be nice, tastefully done, and �rould enhance the building. Mr. B�rna said that the Commission ��as discussing the entire sign; the messaoe part and the border. There ti�as much discussion by the members of the Comr�ission regarding the interpretation of the Sign Code and horr and rrhere the top of the sign tivould be measured fror� the ground. This discussion also touched on the subject of e:cactly hol�� much exposure r�ould be received from Interstate 69y. in regards to the amount of traffic and the concentration that is necessary to drive on that freel��ay. Mr. Kemper asked rrhy the 6 ft x 8 ft sign v�as necessary. Mr. Walsh said that the sign �vould be made by a vacuum press that makes a standard six foot sign. He said that eight foot high �7as decided on to make a large sign that t�rould give the appearance of being almost square. MOTION by tir. Barna, seconded by r7s. Gabel, to close the Public Hearing, Upon a voice vote, all voting aye, the Public Hearing rras closed at 10:13 P�M. �PrnLS cor�n•t1:slori t�r •r,rzrr� - ocT��rr� > > , � 977 pa�� � 5R The Commi��ion discussed exactly v�hat height they would stipulate the si�n to be. Mr. Barna r�as more concerned about being sure the Sign vrould not block ihe intersection visibility even mae than blocking the vie��� from the top. The other Commission members cvere expressing more concern a.bout the sign obstructing the vie�v into and out from the residential area that completely ti��ould surround the Real Estate 10 building. MOTION by Mr. Plemel, seconded by Mr. Barna, that the Appeals Commission recommend the approval of the request for variance of the I'ridley City Code, Section 21y..o55, 4, to increase the maxi�ur� height for a free standing si�n in CR-1 Zoning (General Offices and Limited I3usinesses), from siy fee� to the na:�imum height of 17 fest from the closest curb line at Hillrrind Road PI; to the top of the finished structural member of the sign measured perpendicular to ihe right-of-:��ay line, to alloe� the construction of a 6 foot by 8 foot sion, to be located on Lot 1, Block 1, Real Estate 10 Addition, the same being 951 Aillti�rind Road T?E, Fridley, ?•finnesota. UPOTd A VOICE VOTE, Mr. Plemel, Ms. Schnabel, l�is. Gabel and 1•ir. Barna voting aye; Mr. Kemper voting nay, the motion carried. Chairperson Schnabel said that the item rr�uZd go before the City Counci� on 2dovember 7, 1977� 5. R�CEIV� SIG�l�TUR�S OF PROPERTY 0!�d^RS FIITHII'1 �'�iYUL�ITICi3 aT dPP� Chairperson Schnabel explained that at the September 20, 19?7 Appeals Comnission meeting a stipulation had been put on the item indicating that the petitioner could notify the listed persons that r�ere required to be notified of an additional variance from Section 205.053, 4b; 5a, to reduce the required 17�5 foot side yard setback to 16 feet, in ��rhich case� then the itea rrould not have to go to City Council. She said that it had been discovered in the process of revie��ing the request that the petitioner had not been advised that they ti�ould need a variance for a side yard set back because there was an unvacated street at the side of the lot. .�t�� r.tcu�nis �a:cnr ; or t�ovEr;c�k 7. t�77 PACE 5 14r, Sohiccli �t�icd thc priryinal building ncn:iit in�ficate: th�� t��c::ial usc ucrmit is onl.y ��ooi for thc au�oria[ic car r�a,h. Therrfore, if thc vari;u�cc is ap�rovcd. it w�ulJ alsu he necessa►y fur a special use �cnnit for the npc�ralion of the �as siation. �1r. Qure.hi, City ftan��qcr, statrd� r�hrn the pronerty ta thc south deveiops. it is antici{�,.ied thi� v;u��id !-�c� one of the irajor inlersectinn:, He inJicatcd ►vhen the oriyin�,l d�_�•clo�:,��nt �:�s prGpr,sed, tl:e reyuirr.+ient vias tliat an additior�al lane be p:+t in to tlte nortl� to handle tl�e Lraffic anG tl�1t access be only fr•om the service road. Ftr. Hr.rrick, City Attorne�, in�licated l;r. Sobiech's point �:as anll-ta{:er� that the special usc� per��it exists for the car �vash, and if th� applicai�t r.o�v wants to est�b)ish a gas station, a ncrri permit would be requireJ. P1r. Qureshi su�gested the statf t��rk rrith the orrner of the nroperty regardinq a traffic pattcrn at this location that inay rcquif•e anly ore entrance eff of 73rd and provide sa::e type of �•:ider acc.ess off of T.►I. ��n7, !?e felt they should have a wf;ole pittare cn cyhit the total use o` tf;e pi•operty �:�ould bc and to i;�r{: a;ith the ot•;ner on a rore aae�table tra�fic pattern. Co;�rcil �:an Ilar�ernik indicated he hrs a proble7 ti•�ith allo�•ring the curb cuts in that area, t�ayor t;ce indicated he sliared Cc;urcilnan Harernik's concerns and heped an�ti�er alternative cuuld be r:orked out. Ftr. Coddin stated he �•:as willing to r�ork with the CiLy in this matter. �•iOTIC•; by Council�ian HaTernik to tuble this item until stafi is ready to brin� it back b�iore Cour;cil. S2cortded by Cou�cil�rort�an t;uko�•:ski. Upon a voice �ote, all voti�g : aye, Playor i:ee declared the n•�otion cari•ied unani;s�usl,y. � Ct;Ji T_� C0.'rSTu���t:0:i C�:' �' 951 ! ; � _•• "•A!'�, IiLl.i;i:D RO�� F!_E.: (• �r•. SehiecR, Public '.dcrls Director, siated this is a re^�est by Real Cstate l� to incre:��>e thr r.�axir..u;� hefi�f:t allor:ed on �.n �der,iification si9n un tlill►.ind i;uad fra�n 6 fe:t to 2�: Feet above �rzue, N� stated the !!;»e,1; Cor•;�jssfor, fiec'rd tf�e request . ar.d r��cor.aaanoed tiic riaxirum height be increased fra� 6 feet to 17 feet. He exr �s;re� this ,area is surrounQed hy residential p;-OpC't'Ly and this was the basis of the di�cu:,siun on wh�ther �he extra iieiGht woutd be alioNed. Councilman Fitzpatrick pointed out, arhen constructio� began on this buitdir.g, it fit ti:ell into the resider�tial area and felt no�v an attempt was being rade to appcal to the I-694 traffic. �-'�-'"-- "' ider indicated he I1ad some�•rhat of a problc�n with this request in view olk St. Investnpl']t_Gxot� � �ouncil has just considered a sign ordinartce. �tr. Dick lJalsh, representing Real Estate 10, indicated there w.as a mistake on the location of the sign, and there is oniy one location on the property suitable for the sign r.�hich would be aest of the building. Mr. Nalsh stated ihe varia�ce is requested trom tlie 6 foot height in order to get the sign above ground. He indicated the purpose is to have an illuminat�d si4n to identify tl�e building and indicated they do not wish to put up anything that would detract from ihis structure. Councilman Schneider indicated his primary concern is surrounding residential properties. Fir. Walsh indicated they would like to get the sign out of the ground to a hei9ht acceptable to the Council. Hayar Nee asked FSr. Walsh if he would be �•�illing to work Mith Councilman Schneidcr regarding tl�e ��itioninq of the sign. H�•. Walsh indicated this woutd be satisfactory with him and hc could mcet with Councilioan Sclmcidcr at any tinie. NOTIOt� by Cauncitnkin Schneider to table this item to the next meeting on Wove�nbcr 14� 1971, Seconded by Councilrmnu n Kukowski. U�n a voice votc� a11 voting aye, Mayor Nee declared tlie motion carrieJ unanimously, 5S I i i i i � � � i i -.----- 235 � PUBLIC HEARING MEETING OF NOVEMBER 14, 1977 PAGE 11 � RECESS: i � Recess was caTled by Mayor Nee at 11:00 p.m. i RECONYENED: I t' Mayor Nee reconvened the meeting at 11:10 p.m. All Councilmembers were present. � OLD BUSINESS: CONSIDERATION OF A SIGN VARIANCE REQUEST BY E UITY CONSTRUCTION COMPANY, SIGN FOR NEW REAL ESTATE 10 OFFICE BUILDING 9 ILLWIND 0 TABLED NOVEMBER , 977 • NOTION by Councilman Schneider to approve an increase from 6 feet to 15 feet fran the closest curb line from Hittwind Road, to be installed perpendicular to the right-of•way. to allow construction of a 5 x 7 foot sign with the following stipulation: (1) That the sign be turned off by 9:00 p.m. each evening. Seconded by Louncilman Ftizpatrick. � Councilman Schneider stated the purpose for the reduction in size and illumination is for protection of the residents in the area. Councilman Fitzpatrick stated he is prepared to support the motion on the advice of Councilman Schneider. He stated, however, this area was rezoned for the real estate building on the pmfile that this building would fit in with the neighborhood. He stated he doesn't totally feel this is in the spirit of the original petition. Councilman Schneider stated he does have some misgivings on the point raised by Councilman Fitzpatrick; however, the building will shield the sign from nearly all residences. He indicated there are two homes in the imrt:ediate area that nny type of illuminated sign would cause some interference. UPON A VOICE VOTE TAKEN ON THE MOTIOP�, all voted aye. and Mayor Nee dec]nred the motion carried unanimously. NEW BUSINESS: APPROVING STATEMENT OF CANVASS Of ELECTION FOR THE NOVEMBER 8, 1977 GENERAL ELECTION: STATEMENT OF CANYASS GENERAL ELECTION NOVEMBER 8. 1971 DEClARATION OF RFSUlTS 7HEREOF In accordance with Section 4.08 of the Charter of the City of Fridley, the City Council dec)ares Lhe results of the 1917 General Election to be as follows: A. The total number of ballots cast was: Ward 1 - Precinct 1 Na►�d 1 - Precinct 2 Ward 1 - Precinct 3 Nard 2 - Precinct 1 Ward 2 - Precinct 2 Ward 2 - Precinct 3 Ward 3 - Precinct 1 Ward 3 - Precinct 2 Ward 3 - Precfnct 3 2��— � � �371' 48�— ��— ���— 3523 TOTAL: 3523 B. The votes for each candidate� number of defective and not voted and Nrite-in votes are as follows: 5T � CITY OF FRIDLEY CATV ADDISORY COMMISSION MEBTING, APRIL 19� 1990 www.. rw.�.w.w.w.rwww.w.w�.�...w.w......►....rw.w..�..r..w�w.ww.w..�.w.w.ww....rw.....�.w...w�...sw.w.r�►w..►w.�..►.w�..a.w.w.... CALL TO ORDER• Chairperson Stouffer called the April 19, 1990, CATV Advisory Commission meetinq to order at 7:05 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Ralph Stouffer, Robert Scott, Burt Weaver, Duane Peterson Barbara Hughes Clyde Moravetz, City of Fridley Mark Hammerstrom, Nortel Cable APPROVAL OF JANUARY 18 1990 CATV ADVISORY COMMISSION MINUTES: MOTION by Mr. Peterson, seconded by Mr. Scott, to approve the January 18, 1990, CATV Advisory Commission minutes as written. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF AGENDA: Mr. Moravetz stated the Commission had also received a packet of information from Minnesota Association of Cable Television Administrators (MACTA). The following should be added to the agenda to receive and discuss. - NATOA Statement of Priority Issues - NLC Analysis of the "Staff Draft" - NFLCP Action Alert MOTION by Mr. Weaver, seconded by Mr. Peterson, to approve the agenda as amended. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISI,Y. . ' CATV ADVIBORY COMMISSION MEETING, APRIL 19. 1990 PAGE 2 I. NORTEL CABLE REPORTS A. First Quarter Operations IIpdate Mr. Hammerstrom stated the rebuild is almost all completed. At the last Commission meeting, there were still three items left to be done: the INET, the emergency alert, and the wreck-out. The emergency alert system is in and has been tested. It works and is a good system. The INET cable is up. They just received the permit for the Burlington Northern crossing, so that should be completed within the next couple of weeks. The wreck-out of the old plant is virtually completed. Mr. Hammerstrom stated their subscribers are now up 4,900, basic customers are about 43� of the market. They have seen a growth of about 2� since November/ December 1989. A lot of the growth is due directly the remarket campaign he discussed at the last Commission meeting. They had about 700 sales, and about 450-500 new customers. to to kept Mr. Hammerstrom stated their pay numbers are still declining somewhat, down to 2,935 pay units. That is not too surprising, because the rest of the industry is going through the same decline right now. The premium service is not admitting any problems, but there are some definite programming concerns that they feel have not been addressed. Pay-per-view and certainly home video have really had an impact on subscription of those services. Mr. Hammerstrom stated Home Shopping has presented an offer Nortel cannot refuse, so the Home Shopping network is going to stay on for the foreseeable future. Mr. Hammerstrom stated the offices have been remodeled as part of their overall general clean-up efforts. He stated that possibly after the next meeting, the Commission members can visit the offices and see the changes that have been made. Mr. Hammerstrom stated he received a letter from MSC. There has not been other conversations with MSC, and their phone traffic with MSC has dropped to virtually nil. The second service of PSN is up and running, and they will listen to both of them and see what happens. . � CATV ADVISORY COI�IISSION MEETING, �PRIL 19. 1990 PAGE 3 B. 6o Day Rebuilt IIpqrade Notification (letter dated 3/30/90) Mr. Hammerstrom stated Nortel can get a rebate on the portion of the unused bonds from the bonding company, so they would like to request the City to get the bond reduced once the construction is completed and signed off. Mr. Moravetz stated this item will be put back on the July agenda for action by the Commission. C. Receive Annual Business Report Dated march 30, 1990 Mr. Moravetz stated that the Commission should receive Attachment G of the annual business report, Certification of Franchise Fees for 1989, as required by ordinance. OM TION by Mr. Weaver, seconded by Mr. Peterson, to receive the Certification of Franchise Fees for 1989. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Moravetz referred to Attachment F. He stated he had a hard time believing that there are so few service-related complaints: Reception - 6; Office - 0; Technical - 9. Mr. Stouffer stated he believed the Commission discussed this during the franchise process, and there were some parameters as to what constitutes a complaint. Mr. Moravetz stated that if there are some parameters on what constitutes a complaint, then those should be written down. Mr. Hammerstrom stated these complaints are ones that have been recorded as specific formal complaints. Mr. Weaver stated he did not think the Commission can really codify some of the type of complaint calls he receives into one of these categories. Mr. Stouffer stated he would like to know if there is anything in the franchise regarding the definition of complaints. Mr. Hammerstrom stated there is nothing in the franchise that defines a complaint. The franchise CATV ADVISORY COMMISSION MEETING, APRIL 19. 1990 PAGE 4 D. E. calls for a compilation of the complaints received. Nortel then did a summary of the calls received by customers. They keep the written documentation of all the customer complaints depending upon the nature of the call. Mr. Stouffer stated that in the annual report next year, Mr. Hammerstrom might want to indicate that the documentation is available upon request. Mr. Stouffer asked if it would be beneficial for the Commission to know how many service calls are made in a year. Mr. Hammerstrom stated that the page entitled, "Service Call Activity - Fridley", is an ongoing record of service calls which is completed during a given month and the percentage to basic subscribers. It is a very good record of monthly service call activity. Mr. Stouffer stated he thought this information was more meaningful than the complaint log. MOTION by Mr. Peterson, seconded by Mr. Weaver, to receive the Annual Business Report dated March 30, 1990. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. Receive ist Quarter Franchise Fee MOTION by Mr. Weaver, seconded by Mr. Peterson, to receive the 1st Quarter Franchise Fee dated April 14, 1990. IIPON A VOICE VOTE, ALL VOTZNG AYE, CHAZRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMODSLY. Annual Survey status Mr. Hammerstrom handed out copies of the surveys. He stated they changed the "Repair and Technical Date" from 6 months to January 1 as suggested by Mr. Stouffer at the January 18, 1990, meeting. This gets them out of the time of the conversion when there were so many problems. They added a question about MSC, but there are no questions about pay-per-view because they ran out of space. These surveys will go out next week. sc CATV ADVISORY CO�IBBION MEETING. APRIL 19. 1990 PAGE 5 F. Handicap Facilities, Fire $scapes, $tc. Mr. Moravetz stated that at the last ACCW Board meeting, questions came up regarding handicap access to Nortel Cable on the lower level. Apparently, there are some handicapped persons who would like to become involved with productions and camera work. There is handicap access to the upper level and parking, but the problem is on the lower level. ACCW is just asking if there are any plans for handicap facilities on the lower level at Nortel. Mr. Hammerstrom stated they have no plans right now put in handicap parking. Right now the back lot is cramped for space with all the wreck-out materials. There is a ramp which makes the building handicap accessible. He stated he is not opposed to creating handicap parking space if it is going to be used; however, with the amount of traffic in and out every day, it is difficult to take out an existing parking space without justification. If there is a need, he will certainly reconsider, but he would want to make sure it would be used. Any work would have to wait until the back area is cleaned up. to a Mr. Moravetz stated the other question brought up at the ACCW Board meeting was fire escapes. He checked and found that Nortel Cable is in compliance with the fire code. Mr. Moravetz stated he wanted to emphasize that these were only inquiries on the part of the ACCW Board, not accusations. II. FRIDLEY CABLE CONSORTIUM (FCC): A. B. Receive January 4, 1990, FCC Meetinq Minutes MOTION by Mr. Scott, seconded by Mr. Peterson, to receive the January 4, 1990, FCC meeting minutes. IIPON A VOICE VOT$, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOOSLY. Receive Marcb 21, 1990, FCC Meetinq Miautes MOTION by Mr. Scott, seconded by Mr. Weaver, to receive March 21, 1990, FCC Meeting Minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. . � 6E CATV ADVISORY CO1rII�I88ION MEETING. APRIL 19. 1990 PAGE 6 III. ANOKA COUNTY COMMUNICATIONS WORKSHOP: A. Receive February 14, 1990, l�CCW Meetinq l[inutes MOTION by Mr. Peterson, seconded by Mr. Weaver, to receive the February 14, 1990, ACCW meeting minutes. IIPON A VOICE VOTE, ALL VOTING AYB, CSAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED QNANIMOIIBLY. B. Receive March 14, 1990, ACCW Meetiaq Minutes MOTION by Mr. Weaver, seconded by Mr. Scott, to receive the March 14, 1990, ACCW meeting minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. C. Receive March/April Director�s Report MOTION by Mr. Scott, seconded by Mr. Peterson, to receive the March/April Director's Report. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTZON CARRIED IINANIMOIISLY. D. Receive ist Quarter Report to City (includinq StatistiCS and Financial Reports) Mr. Moravetz stated the financial report was difficult to read, and maybe this could be reported differently in the future. MOTION by Mr. Weaver, seconded by Mr. Peterson, to receive the ist Quarter Report to the City. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. IV. RECEIVE MACTA SURVEY RESULTS: Mr. Moravetz stated this was a survey mailed out to 100 random municipalities, of which 40 were returned. MOTION by Mr. Scott, seconded by Mr. Weaver, to receive the MACTA survey results. IIPON A VOIC$ VOTE, ALL VOTING AYE, CHAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. sF CATV ADVISORY COMMI88ION ME$TING. �PRIL 19. 1990 PAGE 7 V. NOMINATION OF OFFICERS LMAY 1990-APRIL 199�1: Mr. Moravetz stated Barbara Hughes has indicated she would be willing to serve as chairperson or vice-chairperson. Chairperson Stouffer declared the nominations open for chairperson. Mr. Peterson nominated Ralph Stouffer for chairperson. Hearing no other nominations, Chairperson Stouffer declared the nominations for chairperson closed. MOTION by Mr. Peterson, seconded by Mr. Scott, to cast a unanimous ballot for Ralph Stouffer for Chairperson of the CATV Advisory Commission for the term May 1990 - April 1991. DPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. Chairperson Stouffer declared the nominations open for vice- chairperson. Mr. Scott nominated Barbara Hughes for vice-chairperson. Hearing no other nominations, Chairperson Stouffer declared the nominations for vice-chairperson closed. MOTION by Mr. Scott, seconded by Mr. Weaver, to cast a unanimous ballot for Barbara Hughes for Vice-Chairperson of the CATV Advisory Commission for the term May 1990 - April 1991. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERBON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. VI. OTHER BUSINESS: A. - NATOA 8tatement of Priority Issues - NLC Analysis of the ��Staff Draft�� - NFLCP Action Alert Mr. Moravetz stated the City Council has received copies of this same material. He did not know if the Council was going to take any action, or if they were going to let NATOA attorneys and the National League of Cities and attorneys handle this. If the Council does decide to take some action, they might want some input from the CATV Advisory Commission. Mr. Weaver stated he didn't think the Commission should be in favor of something that is not well defined. He CATV ADVISORY COlrII+IISBION MEETINQ, �PRIL 19. 1990 PAG� 8 B. had no problem with the issues as defined and felt he and the Commission could support them. But, how response to these issues is the legislation that is being drafted, and what does S.1880 look like? Mr. Weaver stated they should receive further information and, at the earliest convenience, he would like the Commission to receive what comes out of the committee on the 5.1880 bill and the companion bill in the House. Mr. Peterson agreed. He stated that in the memo dated April 13, 1990, to MACTA Agency Contact Members, Holly Hansen, MACTA Chairperson, stated that, "The Senate nStaff Draft" is being rewritten as you read this." So, they might be in favor of what is here, but there might already be something totally different from what the Commission has received. MOTION by Mr. Weaver, seconded by Mr. Peterson, to receive the above information. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Moravetz stated the for a possible special on what action the City legislation. Equipment Commission should be prepared meeting before July, depending Council takes on this Mr. Weaver stated that over the years, the operator has contributed quite a bit of money/equipment to the generic category of LO, access, etc. He had a concern that some of this equipment might be drifting around uncontrolled. Maybe the Commission should ask ACCW to take the responsibility of keeping track of this equipment. Mr. Stouffer stated ACCW provides the Commission with an inventory each year. Mr. Moravetz stated every piece of equipment is duly signed out and recorded when it is used by LO, access, etc. Mr. Hammerstrom stated he appreciated Mr. Weaver's concerns. This is a lot of expensive equipment. ACCW does quarterly equipment inventories, and Nortel does quarterly equipment inventories. They work closely with ACCW to make sure that if some equipment breaks sG 6H CATV ADVISORY COMMI88ION MEETING, �PRIL 19, 1990 PAGB 9 down, there is a procedure for recording the trouble, the trouble gets analyzed, Nortel sends it out for repair and pays for the damages, and sends it back to ACCW to be inventoried. Nortel's equipment is inventoried separately and is handled as "secondary" access equipment if there is a need for it and it can be justified. Mr. Weaver stated he just wanted to make sure that all the equipment is accounted for and that no one is short on equipment. From what he is hearing, there does not seem to be any problem, and he is satisfied. VII. ADJOURNMENT• MOTION by Mr. Peterson, seconded the meeting. Opon a voice vote, Stouffer declared the April 19, Commission meetinq adjourned at Respectfully submitted, Lynne Saba Recording Secretary by Mr. Weaver, to adjourn all votinq aye, Chairperson 1990, CATV Advisozy 8:30 p.m. � � cmroF F��� DATE: TO: FROM: SUBJECT: C0�1/iMUNI'['Y DEVELOPMENT DEPARTMENT M EMO RAN D UM May 17, 1990 � �j • 1- William Burns, City Manager,�• Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Establish Public Hearing Date for Rezoning Request, ZOA #90-03, by Bob Ring of Bob's Amoco Attached is the staff report for the above-referenced request. This item was originally scheduled for the April 23, 1990 City Council meeting, but was removed from the agenda at the request of the Amoco Corporation. Staff has since received permission from Amoco to continue the process for Mr. Ring (see attached letter dated April 30, 1990). The zoning ordinance requires that the City Council hold a public hearing for all zoning requests. Staff recommends that the City Council set June 4, 1990 as the date for the public hearing. Staff would also like to schedule the first reading of the attached ordinance authorizing the rezoning for June 4, 1990. Second and final reading will not occur until Amoco conveys title to Bob Ring, or until we have received permission from Amoco to complete the zoning change. MM/dn M-90-344 7 � 7A � STAFF REPORT APPEALS DATE ��� � p�,��r Cp���� pq� : Apr i 1 i�, 19 90 F(Z! DLEY crr�r c;our�cu. oA-r� Apr i 1 23 ; 1990 , May 21 , 199 Q�uTHOq MM/ dn REQUEST PERMIT NUMBER APPLiCANT PROPOSED REQUEST LOCATION SITE DATA SIZE �ENSITY PRESENT ZONING ADJACENT LAND USES � Z�� UTLRE$ PARK DEDICATION ANALYSIS FMVANCIAL NVIPLICATIONS CONFORMANCE TO COMPREF�NE PLAN COMPATBILfTY WITH ADJACENT USES & ZONNG ENVIRONMENTAL CON�ERATIONS STAFF RECOMMEt�ATION APPEALS RECOMMENDATION PLANNNVG COMMISSION RECONNAENDATION ZOA ��90-03 Bob Ring of Bob's Amoco Rezone from M-1, Light Industrial to C-2, General Business 7680 Highway 65 N.E. 29,040 square feet M-1, Light Industrial M-1, Light Industrial to south and west; C-3, General Shopping to east; Spring Lake Park to north (C-2, Neighborhood and Service Center Commercial Districti Yes Yes Remedial system for groundwater contamination to be installed on site. Approval with stipulations Approval with stipulations �B Staff Report ZOA #90-03, Bob's Amoco Page 2 RE4UEST Bob Ring of Bob's Amoco is requesting that Lot l, Block 1, Lampert's Addition, generally located at 7680 Highway 65 N.E., be rezoned from M-1, Light Industrial, to C-2, General Business. SITE The site is currently zoned M-1, Light Industrial. The zoning to the north in Spring Lake Park is C-2, Neighborhood and Service Center Commercial District. The zoning to the south and west is M-1, Light Industrial; zoning to the east is C-2, General Business. Currently located on site is an automotive service station, a small convenience store, and gas pumps. ANALYSIS The parcel has been zoned M-1, Light Industrial, since 1958; however, the existing use and adjacent uses are not industrial, but commercial in nature. The proposed site improvement by the petitioner will increase the amount of commercial space within the building. Rezoning this parcel to a commercial use would be in keeping with the character of other corners of the intersection. The parcels to the east at the intersection of Osborne Road and Highway 65 have been zoned General Shopping since 1958. The other parcels located in Spring Lake Park are also 2oned for commercial use. In other areas of the City, it is common for "loop back" parcels to be zoned commercial, even if there is adjacent industrial zoning. While there is no "loop back" road at this location, it could be argued that the driveway which starts on the west side of the VFW and exits through the Amoco parcel operates and functions as a"loop back" road. Therefore, it would be logical for the City to approve a rezoning of both the VFW and Amoco parcels to C-2, General Business. In addition, approving the rezoning would bring the parcel into greater conformance with the zoning code. Currently, under the M-1 zoning, the lot does not meet the minimum lot size requirement (29, 040 square feet versus the required 36, 679 square feet) . Under the proposed C-2 zoning, the lot would exceed the minimum lot size of 20,000 square feet. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the rezoning request, ZOA #90-03, to the City Council with the following stipulation: 1. The variance request, VAR #90-04, be approved. 7C Staff Report ZOA #g0-03, Bob's Amoco Page 3 PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request with the stipulation as recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action and approve the request to rezone Lot 1, Block 1, Lampert's Addition, from M-1, Light Industrial, to C-2, General Business. [ � �J Amoco Corporation 200 East Ranciolph Drive Post Office Box 877C3 Chicago, Illinois 60680-0703 312 856-3562 Douglas W Johnson A�torney VIA FACSIMILE April 30, 1990 Ms. Michele McPherson City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 7680 Northeast Hi�hway 65, Fridley, Minnesota Dear Ms. McPherson: I understand that Lloyd R. Ring, Amoco's lessee dealer at the above location has initiated with the City a zoning change and site plan approval for improvements at the location. Mr. Ring is in the process of purchasing the location from Amoco Oil Company; we have no objection to preliminary action being taken by the City to Mr. Ring's request so long as no Amoco rights are prejudiced and no final action is taken without my approval or until Amoco has conveyed the property to Mr. Ring. If you have not received a copy of the Deed conveying Amoco's interest in the property to Mr. Ring three (3) business days prior to any final action being taken by the City, please contact me by fax letter at (312) 856-2424. I will thereafter im�ediately let you know whether or not the final approval by the City should be postponed or whether or not Amoco has any objection to the final approval going forward. If by any chance that for some reason unbeknownst to any of us at this time, that the transfer does not take place between Amoco Oil Company and Mr. Ring, I understand that prior to the final approval being taken by the City that Amoco may withdraw its consent to such action and no further action will be taken by the City and no Amoco rights will be prejudiced. If there is any question with this, please contact the undersigned. Very t yours, Douglas W. Johnson Mail Code 2107 DWJ/tw I a �� ZOA ��90-03 sob � S amo�o %E N //2 SE�. /� C/T Y OF � � O 23 � 2 � �� � � � W� �. 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L � s . o J � o � i � . c �i i � _fr�vnt� � �i�h��cf. ho� �� i � F(�� L 1 ST .± L � i =' Ct L ; C L � r c: O c c a, � F ; i F ZOA 4�90-03 Bob's Amoco � � `.� � :'� �t _ - 1 �tt� I a � S. . `S' � � J ''. � � ,c . ,F . o :�, �'� i � io ` �° i � F � �� �s T �n � • � r I � J 'g �r�,; �� •.,y�' ; �. � �� c° z •�•.� T Zt��T �a ,o �� I. : i s � � f � �`• , I�� Ic r �p` ; � S � �•:� � I f ! � e •' � a`�•:�;:� � � :�:-� + . � i �� 0 .• fi � � j F_ -�- — - � -- � r � � � a � r .� ' � ` ' ' F °` �. L � O � f L � s � -� c � ' � : = � ' Q � t i- `� � � $ � , i � F � LANDSCAPE PLAN 7� � � cinroF F��� C011MI1L1N1TY DEVELOPMENT DEi'ARTMENT MEMORANDUM DATB: May 17, 1990 � � � To: William Burns, City Manager �� ' FROM: SIIBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Lisa Campbel],�rjPlanninq Associate U' 1990 Solid Waste Abatement Joint Powers Agreement 0 Attached please find a copy of the 1990 Anoka County Solid Waste Abatement Joint Powers Agreement. This document is the legal mechanism that will allow the City of Fridley to receive as much as $127,930 in grant revenue from Anoka County. The funding formula is shown below: Base Amount $4,000 Program + 40 Ton +�5.00/Hshld + Yard Waste Grant + $66,240 + $54,960 + $3,000 = Total _ $127,930 Item number three, entitled "Program", refers to Exhibit I which has been attached for your review. This exhibit identifies current and potential landfill abatement activities. Staff has included proposed activities that may or may not be subsequently approved by the Council. This was done in order to ensure the availability of the funds for the proposed activities. If Council does not approve of these items, the funds will be available for other costs associated with the City's solid waste programming. These proposals will be presented to the Council for consideration as a part of the final report on the Solid Waste Fact-Finding Process. Recruested Action Staff requests that this document. Once these grant monies. LC:ls M-90-349 the City Council authorize the City Manager to execute the document is complete, staff may request and obtain : ` JOINT POWERS AGREEMENT THIS AGREEMENT made and entered into on April 24, 1990, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinaiter referred to as the "COUf�TY", and the CfTY OF FRIDLEY, hereinafter referred to as the "MUNICIPALfTI'". WITNESSETH: WHEREAS, the County imposes a fee of $2.62 per cubic yard at all mixed municipal waste landfills located within its borders pursuant to Minn. Stat. Section 115A.919 and allocates a portion of said fee and a portion of the service fee imposed at the Elk River Resource Recovery Facility to fund local landflll abatement activities; and WHEREAS, Anoka County has applied for and expects to receive Metropolitan Council funds allocated to Moka County pu�suant to Minn. Stat. § 473.8441, Subd. 5(c), to be distributed using a performance based funding formula for local recycling and composting programs; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals set forth in the Anoka County Solid Waste Master Plan; and - WHEREAS, the parties are authorized and empowered to enter into this Agreement pursuant to Minn. Stat. Sections 471.59 and 473.811, Subd. 7. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Ag�eement is to provide for cooperation between the County and the Municipality to implement �ecycling and yard waste composting programs in the Municipality. 2. TERM. The term of this Agreement is ftom January 1, 1990 through December 31, 1990, unless earlier terminated as provided herein. 3. PROGRAM. The Municipality shall perform landfill abatement activities substantially as set forth in the land��l abatement work plans attached as Exhibit 1, which are made a part of this Agreement. The Anoka County Administrator or his designee shall have the authority to approve modifications to Exhibit 1 as requested by the Municipality as long as the amount payable under this Agreement for eligible activities set forth in Exhibit 1 does not exceed the project maximum established pursuant to Section 6 of this Agreement. 4. REPORTING. The Municipality shall submit the following reports semiannually to the County no Iater than July 20, 1990 and January 20, 1991: A. An accounting of the amount of waste which has been diverted from land�lls as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For community yard waste programs, an estimate shall be provided of the number of cubic yards or tons of yard waste brought to a composting site, together with a description of the methodology used for calculations. For �ecycling programs, documentation shall be provided showing the number of tons of : : each recyciable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation showing that the materials were recycled by the Municipality's residents. - B. Information regarding any revenue received irom sources other than the County for landfill abatement activities set forth in Exhibit 1. The Municipality agrees to tumish the County with additional reports in form and at trequencies requested by the County for financial evaluation, program management purposes, and reporting to the Metropolitan Council. 5. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices to the County for abatement activities no later than January 20, 1991. Costs not billed by January 20, 1991 will not be eligible for funding. The invoices shali be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 6. ELIGIBILtT1( FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for activities listed in Exhibit 1 up to the project maximum as computed below, which shall not exceed $127,930.00. The actual project maximum for eligible expenses tisted in Exhibit 1 shalt be computed as follows: A. A base amount of $4,000.00 for implementation of a residential recycling program as set forth in Exhibit 1; • B. Up to $66,240.00 at the rate of $40.00 per ton of residential materials recycled between January 1, 1990 and December 31, 1990, by the Municipality or other community programs, drop-off centers or redemption centers to the extent that the Municipality provides documentation acceptable to the County that the recycled materials were recycled by �esidents of the Municipality; and C. Supplemental monies as follows: • A$5 per household grant of up to $54,690.00 for enhancement or promotion oi a residential recycling program set forth in Exhibit 1. ■ Up to $3,000.00 for yard waste abatement activities. The Municipality may request, and the Anoka County Administrator or his designee may approve in his or her discretion, changes in the line items set forth in said budget so long as the project maximum computed as set forth in this Section 6 is not exceeded. If landfill surcharge monies, Metropolitan Council Grant monies, and other monies collected by the County and allocated to cities and townships for local landfill abatement activities are inadequate to meet the County's allocation to the Municipality under this Agreement, the County may reduce the maximum amount reimbursable under this Agreement after giving written notice to the Municipality. 7. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the county and the State of Minnesota. In accordance with Minn. -2- '`•1�7 Stat. § 471.59, Subd. 3, the Municipality shall maintain strict accountability of all tunds and maintain records of all receipts and disbursements. Such �ecords and accounts shall be maintained in a form which will permit the tracing of funds and program income to finai expenditure. The Municipality shall maintain records suffcient to reflect that ali tunds received under this Agreement were expended in accordance with Minn. Stat. § 115A.919 and Minn. Stat. § 473.8441 for recyclingtyard waste composting/waste reduction landfill abatement purposes. The Municipality shall also maintain records of the quantities of materials recycled or composted. All records and accounts shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of payment from the County pursuant to this Agreement. 8. AUDR. Pursuant to Minn. Stat. § 166.06, Subd. 4, the Municipality shall allow the County or other persons or agencies authori2ed by the County, Metropolitan Council and the State of Minnesota, including the �egislative Auditor or the State Auditor, access to the �ecords of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. in addition, the County shall have access to the project site(s), if any, at reasonable hours. 9. GENERAL PROVISIONS A. In perfor�ning the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter p�omulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipafity shall comply with all applicable requirements of the Metropolitan Council for the use of funds provided to the Municipality by the County under this Agreement. B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be othervvise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, �ates of pay, and other forms of compensation. The Municipality further agrees to take affirmative action to include the participation of women and minority business enterprises (W/MBE) in the performance of this Agreement, wherever possible. The Municipality agrees to obtain a Metropolitan Council list of W/MBE's and to make a good faith effort to include participate by W/MBE's and to make a good faith effort to include participation by W/MBE's for any contract to be let in performing the activities contemplated by this Agreement. C. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipatity and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Ag�eement. D. The Municipality agrees that the Municipality's employees and subcontractor's employees who fall within any job class�cation established and published by the Minnesota -3- 8D Department oi Labor 8� Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. Each Municipality and subcontractor performing work on a public project shall post on the project the applicable prevailing wage rates and hourly basic rates of pay for the County or area within which the project is being performed, including the effective date of any changes thereof, in at least one conspicuous place for the information of the employees working on the project. The information so posted shall include a breakdown of cont�ibutions for health and welfare benefits, vacation benefits, pension benefits and any other economic benef� required to be paid. E. It is understood and agreed that the entire Agreement is corrtained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. F. Any amendments, alterations, variations, modfications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. G. Contracts let and purchases made under this Agreement shatl be made by the Municipality in conformance with all applicable laws, rules, and regulations. H. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. 10. PUBLtCATtON. The Municipality shalf acknowfedge the financial assistance of the County and the Metropolitan Council on all promotional materials, reports and publications relating to the activities described in Exhibit t. 11. INDEMNIFICATION. The County agrees to indemnity, defend, and hold the Municipality harmless nom alt claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, offiicers, agents, employees, and contractors �elating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County ha�mless from all claims, demands, and causes of action of �any kind or character, including the cost of defense thereof, resutting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 12. TERMINA110N. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (� days written notice, delive�ed by mail or in person to the other party, speciTying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of tha Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. -4- � IN WtTNESS WHEREOF, the parties he�eunto set their hands as of the dates written below: COUNTY OF ANOKA By: � Dan Erhart, Chairman Anoka County Board of Commissioners Date: ATTEST: John "Jay" McLinden County Administrator Date: Approved as to form and legatity: Assistant County Attorney CtTY OF FRIDLEY -5- By: Name: Title: Date: Municipality's Clerk Date: Approved as to form and legality: 8E Exhibit 1 LANDFILL ABATEMEHT ACTiVtT1ES WORK PLAN FOR ANOKA COUMY IN 1990 8F City/Townahip _ F;,� 1 e � Phone 5 7 1- 3 4 5 0 Addresa 6431 Universitv Avenue N E aP 55432 Contact Person L i s a C a m p b e 1 1 DESCRIPTION OF ABATEMENT ACTIVITIES RESIDENTIAL_"Fridav in Fridlev" Curbside Rec clin Pro ram Collection of news a er, glass, cans, and corrugated card- board occurrs twice a month in Area 1 and Area 2. :.-- �Qp-off redemption center Accevtable materials include �lastics, cans, �lass, newpaper, and corrugated cardboard Curbside Hauler s u� e r c v c i e, I n c. Cost Per House � 8 4/ t o n Frequency T w i c e a m o n t h Container Type P a P e r b a g s Dropoff Address 3 5 0 7 1 s t A v e n u e N E Days/Hours T u e s.- S a t. 9 a m - 5 pm YARD WASTE COMPOSTING Yard wasrP TrancfPr Site . This site is available to resident at no cost. Residents may dispose of an unlimited amount of yard waste at this site. The yard waste is transfered to the Anoka County Bunker Hill compost site as needed. Collection Hauler Cost Per House Containers Used Yes No From 0 3 - 2 7_gp to 1 1 - 3 0 _gp D�OPOff COSt _ 4 8 8 n e r c u b i c v a r d CITY MALL PROGRAM White office paper is picked up by Aagard Sanitation Newspaper, cans, and glass are recycled by an employee group called the Sunshine Club. These materials are brought to the drop-off center mentioned above. COMMERCIAL,/INDUSTRIAL -1- DESCRIPTtON OF PUBUC EDUCATION AND PROMOTtON PROGRAMS A direct mail of the curbside recyclin� pro�ram brochure is mailed out in August of each year. Staff participates in special events. A pilot project for containers has been completed. A citizen survey will be completed and a waste reduction handout will be developed. Promotion Methods: (Please indicate how often) Newspape� 4- 5 �X �er vear Newsletter 4 X per Year Special Mailings � X�er year Other SUPPLEMENTAL MONIES =S PER HOUSEHOLD TOTAL $ 54,960 to be spent on a citizen survey possibly on containers or oth�� activities �soociated with the City's Solid Waste Program to include contract service �a;►nents. DROPOFF GRANT $5,000 to be used for YARD WASTE GRANT $3,000 to be used fo� to �av for part of the cost of transferring the yard waste from the City site to Bunker Hill -2- �� BUDGET ESTIMATED FOR THE YEAR 19g0 1/vcling Curbside ooliection contract total Cost per month S 5, 04 0 X 12 months = Containers: Number �, o0o se t sX �_8 . 24 price Df0(�Off S@MC@ OOSt Cost per month _ X 12 months Site Preparation/Maintenance - Recyclable Dropoff Equipment (Specity) Yard Waste Collection senrice contract Cost per month S ,_ X_ months Dropott site service Cost per month S 3, s oo X_$ months Equipment (Specify) Front end loader P�omotion - Number of mailings 1 " Postage $�,500 Printing g 900 Salerv of Recycling Coordlnator: 1/t/90 to 12/31/90 96 of time spent recyciing 85z Salaries of Other Employees: t/1 /90 to 12/31 /90 Position 96 of time Position 96 ot time Position 96 of time Other (List) Revenue trom sale of recydables, grants or from any community group TOTAL ESTIMATED COST SUBTOTAL MINUS REVENUE -3- SUBTOTiRL �� 60,480 127,680 (proposed,not approved 28.000 �,soo 900 24 , 753 � _ $ 182,840 * Revenue = 77,753 in City contributions and 127,930 in County Englneenng Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Managerl�� PW90-191 f� FROM: John G. Flora, �Public Works Director Mark A. Winson, Asst. Public Works Director �� d� -S/� -yo DATE: May 15, 1990 SIIBJECT: Change Order No. 1- Flanery Park Shelter Project No. 206 Attached is Change Order No. 1 for the Flanery Park Shelter in the amount of $2,550.00. This change order reflects upgrading the color of the burnished block e�tterior, providing additional insulation for the block walls and supplying electrical fixtures for the shelter. The contract documents erroneously stated that the electrical fixtures would be provided by the owner. Recommend the City Council approve Change Order No. 1 for Project No. 206 in the amount of $2, 550. 00, bringing the total for this project to $79,311.00. JGF/MAW/kn Attachment r r �J •� • CITY OF FRIDLEY EN(iINEERZN�i DEPARTMENT 6431 IINZVERSITY AVE., N.$. FRIDLEY, MN 55�32 May 21, 1990 Karien Construction 901 - 125th Ave., N.E. Blaine, I�+IIJ 55434 SUHJECT: Change Order No. 1, Flanexy Park Shelter Project No. 206 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for Flanery Park Shelter Project No. 206 by adding the following work: Additions• TEM 1. 2. APPROX. 4UANTITY PRICE Provide & install electrical fixtures Upgrade burnished block to "Autumn Tan" . 1 Lump Sum 1 Lump Sum AMOUNT $1,850.00 400.00 3. Insulate block walls with styrene 1 Lump Sum 300.00 TOTAL ADDITIONS - CHANGE ORDER NO. 1. ....S2,550.00 TOTAL CHANGE ORDERS: Original Contract amount . . . . . . . . . . . . $76,761.00 Contract Additions - Change Order No. 1.... 2.550.00 REVIBED CONTRACT AMOIINT. . . $79.311.00 Submitted and approved by John G. Flora, Public Works Director, on . the 21st day of �ay, 1990. G� � bY �GL�G.....,,- by �' G. Flora, P.E. rector of Public Works • � Karlen Construction Page Two Change Order No. 1 May 21, 1990 Approved and accepted this 1990, by . � �% day of , CONSTRIICTIO �_ Gl n Karlen, ° '-_,__ _ Approved and accepted this day of , 1990, by CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager 10 MEMO TO: FROM: DATE: SIIBJECT: FIRE DEPARTMENT MEMORANDIIM WILLIAM W. BIIRNB, CITY MANAGER� ��� ROBERT D. ALDRICH, FIRE CHIEF MAY 17, 1990 FIRE DEPARTMENT SPECIFICATION FD 90-1 90-5-6 At the pre-contract meeting with the representative of Boardman Fire Apparatus we determined that a pumper compartment heat shield had not been provided. We had not included a heat shield in the specifications. Most all manufacturers of fire equipment in the northern states included heat shields as standard equipment. Boardman is a southern state manufacturer and does not include this item in their base bid. Cost of this item is $908.00. I recommend the City Council approve this change order. New contract amount is then $206,322. RDA/ss Attachment 10A CITY OF FRIDLEY FIRE DEPARTMENT 6431 ONIVERSITY AVE. N.E. FRIDLEY, MN 55�32 May 17, 1990 Boardman Fire Equipment 1401 SW llth St. Oklahoma City, OK 73108 SUBJECT: CHANGE ORDER # 1- SPECIFICATION FD 90-1 Gentlemen: Your are hereby ordered, authorized, and instructed to modify your contract for the 1250 GPM Pumper/Tower by adding the following work: Addition• ITEM 1-Removable Heat Shield Under Pump Compartment UNIT Lump Sum OUNT $ 908.00 TOTAL ADDITIONS . . . . .$ 908.00 Original Contract Amount. . . . . . . . . . .$205,414.00 Contract Additions - Change Order No. 1...$ 908.00 REVISED CONTRACT AMOIINT �206,322.00 Submitted and approved by Robert D. Aldrich, 17th day of May, 1990. �.1� C���z��r� P pared by Fire Chief, on the Checked by �� ��� � Ro ert D. Aldrich, Fire Chief Boardman Fire Equipment Change Order #1 Page Two May 17, 1990 1 ' Approved and accepted this day of , 1990 by BOARDMAN FIRE SQIIIPMENT Mel Lomax, Sales Manager Approved and accepted this day of CITY OF FRIDLEY , 1990, William J. Nee, Mayor William W. Burns, City Manager 1 _ � FOR CONCURRENCE BY THE CITY COUNCIL LIC81d888 �j�r May 21, 1990 Type of License: By: Approved 6y: CHARITABLE GAMBLING Joe DiMaggio's Sports Bar George Vespa James P.Hill 1298 E. Moore Lake Dr. Public Safety Director Fridley,Mn. 55432 CIGARETTE Fireside Rice Bowl Oliver Tam ' " 1160 Fireside Dr. N.E. Fridley, Mn. 55432 FMC Corp. Service Am.Corp. " 4800 E. River Rd. Fridley, Mn. 55432 Onan Corp. " " " 1400 - 73rd Ave.N.E. � Fridley, Mn. 55432 Service America Corp. Same " 7490 Central Ave.N.E. � Fridley, Mn. 55432 , Stuart Anderson Cattle Co. Service Am.Corp. " 5696 University Ave.N.E. Fridley, Mn. 55432 FOOD ESTABLISHMENT Childrens World Same 5310 Monroe St. N.E. Fridley, Mn. 55421 Fireside Rice Bowl Oliver Tam 1160 Fireside Dr. N.E, Fridley, Mn. 55432 FMC Naval Systems Div. Service Am.Corp. 4800 E. River Rd. Fridley, Mn. 55421 Imperial Pizza 4JTW Enterprises, Inc. 6530 E. River Rd. Fridley, Mn. 55432 McDonald's Mark Wheeldon 8100 University Ave.N.E. Fridley, Mn. 55432 Fees: $300.00 " $12.00 " " $60.00 " $60.00 " " $12.00 " " $12.00 $45.00 $45.00 $45.00 $45.00 $45.00 , . FOR CONCURRENCE BY THE CITY COUbiCIL May 21, 1990 FOOD ESTABLISHMENT CONT. Onan Corp. Service Am. Corp. 1400 - 73rd Ave. PJ.E. Fridley, Mn. 55432 Service America Corp. Same 7490 Central Ave. N.E. Fridley, Mn. 55432 Target Northern Operations Center New Horizon Foods 6499 University Ave. N.E. Fridley, P1n. 55432 Pizza Hut Arnold Wheeler 255 - 57th Ave.N.E. Fridley,Mn. 55432 FOOD VEHICLE Service America Corp. Same 7490 Central Ave.N.E. Fridley,Mn. 55432 JUNK YARD Central Auto Parts No.Inc. Roger Christenson 1201 - 732 Ave. N.E. Fridley, Mn. 55432 Sam's Auto Parts Stanley E. Giddings 1240 -732 Ave.N.E. Fridley,Mn. 55432 PEDDLER Teens Against Drugs Inc. Omar A. Ibrahim 65 - 22nd Ave.N.E. #122 Mpls. P1n. 55418 ON SALE BEER Pizza Hut Arnold Wheeler 255 - 5.7th Ave.N.E. Fridley, Mn. 55432 REFUSE HAULER Ace Solid Waste Mgt.Inc. Dean 0. Warden 3118 - 162nd Lane N.W. Andover, F1n. 55304 LICS�T8E8 Page 2 12A $45.00 $45.00 $45.00 $45.00 $110.00 James P. Hill $350.00 Public Safety Director �� �� �� �� �� �� " $350.00 " $60.00 " �$�25.00 $60.00 � - -- - - � _ � FOR CONCURRENCE BY THE CITY COUNCIL �� MAY 21, 1990 Blacktoppinc National Sealcoat Co. 8085 Garfield Street N.E. Minneapolis, MN 55432 By: Wm Richards Northern Asphalt Construction Inc. 11064 Raddison Road N.E. Minneapolis, MN 55434 By: Gerhard Larson Electrical Marsh Heating & Air Conditioning 6248 Lakeland Avenue North Brooklyn Park, MN 55428 By: Jim Billiard Gas Services Advanced Mechanical Contractor 7805 Beech Street N.E. Fridley, MN 55432 By: Maynard Edson Air One Mechanical Company 6317 Welcome Avenue North, #6 Brooklyn Park, MN 55429 By: Sam Breno Marsh Heating & Air Conditioning 6248 Lakeland Avenue No Brooklyn Park, NIl�T 55428 By: Larry Marsh P & D Mechanical Contracting 4629 - 41st Avenue North Robbinsdale, MN 55411 By: James Daugherty General Contractor American Handyman Can Inc. 1202 Hathaway Lane N.E. Fridley, MN 55432 D & R Construction Co. 2710 - 9th Lane, #307 Anoka, MN 55303 Dolphin Pool & Spa 3405 North Highway 169 Plymouth, NIId 55441 By: Mike Walsh By: Rick Nemec By: H.Blwnenberg DuAll Service Contractors, Inc. 636 - 39th Avenue N.E. Columbia Heights, MN 55421 By: Gary Dooner �, 12C LICENSEB Darrel Clark Chief Bldg Ofcl Same State of Minn Clyde Wiley Bldg/Mech Insp. Same Same Same Darrel Clark Chief Bldg Ofcl Same , Same Same Karlen Construction 901 - 125th Avenue N.E. Blaine, I�IlJ 55434 By: Ursula Karlen Kranz, William Construction Inc. 8424 Noble Avenue North Brooklyn Park, MN 55443 By: William Rranz Marcy, K.G. Construction Co. 2813 Bryant Avenue South Minneapolis, MN 55408 By: Kenneth Marcy Metal Systems, Inc. 7410 West 114th Street Bloomington, MN 55438 By: George Williams Minn Rusco Ins. 7429 Washington Avenue South Edina, I�T 55435 By: Mel Hazelwood Northwest Garage Builders 2115 - 21st Avenue South Minneapolis, MN 55404 Seviola Construction Co. 10580 President Drive Blaine, MN 55434 Sowles, L. H. Company 2813 Bryant Avenue South Minneapolis, MN 55408 by: John Nash By: John Seviola By: Gary Lewerer Same Same Same Same Same Same Same Same 12D Heatinc Advanced Mechanical Contractor ?805 Beech Street N.E. Clyde Wiley Fridley, MN 55432 By: Maynard Edson B1dgfMech Insp. Air One Mechanical Company 6317 Welcome Avenue No, #6 Brooklyn Park, MN 55429 Airco Heating & Air Cond. 4014 Central Avenue N.E. Columbia Heights, NIIJ 55421 By: Sam Breno By: Geo Rogstad Commercial Air Conditioning Inc. 2200 Niagara Lane Plymouth, MN 55447 By: Stephen Quade Efficient Air Control, Htg. & A/C 1818 - 117th Avenue N.W. Coon Rapids, MN 55433 By: William Sandager Same Clyde Wiley Bldg/Mech Insp Same Same Maple Grove Heating & A/C Inc. 8870 Zealand Avenue North Brooklyn Park, MN 55445 By: Stephen MacDonald Marsh Heating & Air Conditioning 6248 Lakeland Avenue North Brooklyn Park, I�IlJ 55428 By: Larry Marsh Northwest Sheetmetal Co of St. Paul 2136 Wabash Avenue St. Paul, MN 55114 By: Rodney Albers Same Same Same Masonrv Ronald Pearson Masonry Inc. 741 Kennaston Drive Darrel Clark Fridley, MN 55432 By: Sharon Pearson Chief Bldg Ofcl Fireplace Construction Company 15117 Scenic Heights Road Eden Prairie, MN 55344 By: Mark Mosman Same Plumbinq GusCo Plumbing Inc. 4506 Ewing Avenue North Robbinsdale, MN 55422 By: Gene Gustafson State of Minn Minnesota Backflow, Inc. 2500 NE Jefferson Street Minneapolis, MN 55418 By: Arthur Thompson P & D Mechanical Contracting 4629 - 41st Avenue North Robbinsdale, NIN 55411 By: James Daugherty Twin City Lindsay Inc. 7329 Washington Avenue S Edina, MN 55435 Welter & Blaylock, Inc. 819 West 106th Street Bloomington, MN 55420 RoofinQ Blix Construction Co. 7019 McCauley Avenue So Edina, MN 55439 Viking Home Improvement Co. 4832 - 2 1/2 Street N.E. Minneapolis, 1�IlJ 55421 . By: R. Pinkerton By: William Yetzer By: Rolf Blix By: Lloyd Merrell Same Same Same Same Darrel Clark Chief Bldg Ofcl Same 12E `�� � GTYOF fRlDLEY �3 FOR CONCIIRRENCB BY THB CITY COIINCIL IdAY 21, 1990 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, I�IId 55432 Services Rendered as City Prosecuting Attorney for the Month of March, 1990 IiNTB 6700 France Avenue South Suite 260 Minneapolis, MN 55435 ESTIMATEB . . . $ 8,112.00 Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . $ 1,339.10 Gammon Brothers, Inc. 13845 Northdale Boulevard Rogers, I�IN 55374 Street Improvement Project No. ST. 1989 - 1& 2 Estimate No. 14 . . . . . . . . . . . . . . $ 17,928.20 Lindahl & Carlson 1821 University Avenue, #N318 St. Paul, MN 55104 1990 Miscellaneous Concrete Curb, Gutter & Sidewalk Project Estimate No. 1 . . . . . . . . . . . . . . . $ 4, 276.71 Walbon Lawn Maintenance 3225 Skycroft Drive St. Anthony, NIId 55418 Corridor Maintenance Project No. 199 Estimate No. 1 . . . . . . . . . . . . . . . $ 4, 342 . 86