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04/22/1991 - 5099FRIDLEY CITY COIINCIL 1dEETING �a� ATTENDENCE SHEET Mon�ay, April 22, 1991 7:30 P.M. LEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN INT NAME (CLEARLY) ADDRESS ITEM NUMBER FRIDLEY CITY COIINCSL MEETSNG OF APAIL 22, 1991 Paqe 2 PIIBLIC HEARING: Amending Chapter 205 of the Fridley City Code, entitled "Zoning," by Amending Sections 205.03, "Definitions," and Section 205.07, "R-1, One Family Dwelling District Regulations" . . . . . . . . . . . . . . . . . 1 - 1HH Registered Land Survey, P.S. #91-02, by Steven Bruns for Midwest Super Stop, to Replat Property Generally Located at 8100 East River Road N.E. ......... 2- 2T OLD BUSINESS: Resolution Approving a Subdivision, Lot Split, L.S. #91-02, to Split Lots 1-5, Auditor�s Subdivision No. 153 into Two Separate Parcels, Parcel A and Parcel B, Generally Located at 5201 - 5275 Central Avenue N.E. (Tabled 4/08/91) . . . . . . . . . . . . . 3 - 3D Receive an Item from the Appeals Commission Meeting of March 12, 1991: A. Variance Request, VAR #91-04, by Milestone Hotel Investments, Inc., to Reduce the Side Yard Setback from 15 Feet to 0 Feet for Proposed Lots 1 and 2, Block 1, Skywood Mall Addition, to Allow a Zero Lot Line in a Commercial District, Generally Located at 5201 - 5275 Central Avenue N.E. (Tabled 4/08/91) . . . . . . . . 4 - 4Q FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 OLD BUSINESS (CONTINIIED): Receive an Item from the Planning Commission Meeting of March 27, 1991: A. Special Use Permit, SP #90-18, by Humberto Martinez, per Section 205.18.03.C{4) of the Fridley City Code, to Allow the Lot Coverage to be Increased from 40 Percent Maximum to 44 Percent Maximum on Lots 1 through 5, Block 6, Onaway Addition, Generally•Located at 7786 Beech Street N.E. (Tabled 4/08/91) . . . . . . . . . . . Receive an Item from the Appeals Commission Meeting of�March 26, 1991: A. Variance, VAR #90-31, by Humberto Martinez, to Reduce the Lot Area from 1 1/2 Acres (65,340 Square Feet) to 1/3 Acre (14,320 Square Feet); to Reduce the Required Lot Width From 150 Feet to 88 Feet; to Reduce the Side Yard Setback from 20 Feet to 8 Feet; to Reduce the Side Yard Setback on a Corner Lot From 35 Feet to 8 Feet; to Reduce the Rear Yard Setback from 25 Feet to 8 Feet; to Reduce the Parking Setback from 20 Feet to 8 Feet to Allow the Construction of an Addition on Lots 1-5, Block 6, Onaway Addition, the Same Being 7786 Beech Street N.E. (Tabled 4/08/91) Page 3 . . . . . . . 5 - 5T . . . . . . . . 6 - 6W FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 Paqe 4 NEW BIISINESS: Resolution Approving Registered Land Survey, P.S. #91-02 . . . . . . . . . . . . . . . . . . 7 - 7B Approval of the Closing of Springbrook Trail Project No. 732 a�d Reallocating the Remaining Funds to the Riverview Heights Acquisition Project Fund . . . . . . . . . . . 8 - 8A Approval of 1991-1992 Contract with the Twin City Area Urban Corps . . . . . . . . . . . . 9 - 9E Receive Bids and Award Contract for 0.5 MG Water Tank Painting/Altitude Valve and Vault Installation Project No. a1a, and Motion to amend the 1991 Capital Improvement Program to Increase the 0.5 MG Water Tank Painting/Altitude Valve and Vault Installation Project No. 212 by $166, 670. 00 . . . . . . . . . . . . . . . . 10 - 10F FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 Paqe 5 NEW BIISINE88 (CONTINIIED): Receive Bids and Award Contract for Street Improvement Project No. ST. 1991 - 10 (Sealcoat) . . . . . . . . . . . . . 11 - 11B Resolution Revoking Municipal State Aid Street (MSAS No. 344) . . . . . . . . . . . . 12 - 12A Resolution Establishing a Municipal State Aid Street . . . . . . . . . . . . . . 13 - 13A Resolution in Support of Participating in Planning for Alternatives for Transit Services in the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14A Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to the Knights of Columbus . . . . . . . . . . . . . . 15 - 15E � FRIDLEY CITY COIINGIL MEETING OF�APRIL 2�, 1991 Pac1e�6 I�iEW BIISINE88 (CONTINIILD) :� � � � � . � Consideration of Building Inspection Issue Raised by Frederick Rochelle . . . . . . . . . . . . . . . . . . 16 - 16A Informal Status Reports . . . . . . . . . . . . . . . . 17 Claims . . . . . . . . . . . . . . . . . . . . . . . . . 18 Licenses . . . . . . . . . . . . . . . . . . . . . . . . 19 - 19W Estimates . . . . . . . . . . . . . . . . . . . . . . . . 20 ADJOURN: THE MINIITES OF T8E MEETING OF T8E BOARD OF REVIEW OF APRIL 8 1991 The meeting of the Board of Review was called to order at 7:38 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 Schneider, and Councilman Fitzpatrick MEMBERS ABSENT: Councilwoman Jorgenson Mayor Nee stated that there are two parts to the Council meeting this evening, the first being the meeting of the Board of Review and the other is the Regular City Council meeting. He stated that the purpose of the Board of Review is to detez�aine if the estimated market value meets the standards of fairness and equity. Mr. Leon Madsen, City Assessor, introduced Mr. Starky and Mr. Barck of the Anoka County Assessor's Office. He stated that they would answer any questions regarding the values placed on apartments or mobile homes. He stated that this Board of Review meeting is to hear from property owners regarding their 1991 assessment which will affect the taxes payable in 1992. He stated that notices of valuation were sent to all property owners advising them to contact the City Assessor's Office if they wished to appear before the Board of Review. Mr. Madsen stated that his office received a number of calls and were able to resolve most oi the questions raised. He stated that the cases where an agreement could not be reached will be presented this evening. He stated that the Board of Review has the authority to affirm the valuation placed on a property or to increase or decrease the value. He stated that, however, no increases in the valuation can be made if the property owner is not present. Mayor Nee stated that a property owner will have the right to appeal to the County if they are not satisfied with the findings of this Board. He stated that there is an appeal process, and if a property owner wishes to appeal to the County it is important that this be known. JAMES AND MARLENE BAUER, 7630 BACON DRIVE• Mr. Bauer stated that the value of his home rose over $16,000 due to his addition and he wished to protest this increase. He stated BOARD OF REVIEW MEETING OF APRIL 8. 1991 PAGE 2 that he has no idea on the selling price for homes in his area, with the exception of the property at 7665 Bacon Drive. Mr. Madsen stated that his office felt a comparable home was the property at 1437 - 76th Avenue which sold for $112,900 and has a value of $98,600. He stated another home that would be comparable is at 7665 Bacon Drive. Mr. Madsen stated that the main reason for Mr. Bauer's increase in value was because of the addition. Councilman Billings stated that the average value of comparable homes in the area is $97,600, and he would be willing to reduce the value on this property by $6,800. Councilman Schneider asked Mr. Bauer what he believed was a fair value. He stated that he felt $93,000 was fair based on the selling price of other homes in the neighborhood. MOTION by Councilman Schneider to reduce the estimated market value on the property at 7630 Bacon Drive by $6,600 to $93,000. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Bauer stated that he was satisfied with this value and would not appeal to the County. ROGER AND DEBORAH HARMON 5498 WEST DANUBE ROAD: Mr. Harmon stated that he purchased this property last summer for $130,000 and his market value is over $154,000. Mr. Harmon stated that there are other homes in the area that sold for considerably less than the estimated market values. He stated that these homes were located at 5528 West Danube Road, 1479 Danube Road North, 1467 Innsbruck Drive North, and 1600 Innsbruck Drive. Mr. Harmon stated that the home at 5250 St. Imier Drive sold for $136,000 and had an estimated market value of $128,700. He stated that this home is similar to his home in size but has a better lot and two fireplaces. He stated that the total square footage for this home is 1, 752 , and his home has 1, 958 square feet with the addition. Mr. Madsen stated that in his comparison of sales in the Innsbruck area they did not go back any further than 1990. He stated that he felt the sale at 1425 North Innsbruck Drive was an excellent comparable. He stated that the size is within 100 square feet and is the same age as Mr. Harmon's home. He stated that the property at 5250 St. Imier Drive was constructed in 1968, and Mr. Harmon's home was built in 1979. BOARD OF REVIEW MEETING OF APRIL 8, 1991 PAGE 3 Councilman Billings stated that he would like ta have an opportunity to look at Mr. Harmon's property. MOTION by Counciiman Billings to continue this item to April 22, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that he was concerned about the square footage value as Mr. Harmon's sale stands out that it was a remarkable buy. ROGER MOBERG 1601 NORTH INNSBRUCK DRIVE: Mr. Moberg stated that he wished to protest the value placed on his property. He stated that he paid over $50,000 and could not even sell it for $38,000. He stated that this unit is a two bedroom located on the third floor, and the estimated market value is $40,800. He stated that in 1988 there were forty units for sale with only seven being sold. Mayor Nee asked if the seven units that were sold were HUD foreclosures. Mr. Moberg stated that he did not know what type of sale was involved. He stated that it would be easier to sell if there was an assumable mortgage. Mr. Madsen stated that this is a problem area, and the values have been reduced yearly from 1983 with the exception of 1988. He stated that there have been two very distinct markets, the HUD activity and the open market. He stated that the HUD sales realZy are not a market sale and, in tracking sales in 1989 and 1990 of non-HUD units, the ratio is 90 to 92 percent. Mr. Madsen felt that the values were less than the selling prices on the open market for these units, but he would not argue that this is a difficult market. He stated that this is true for condominium sales throughout the country. Councilman Schneider asked if all the units were appraised the same. Mr. Madsen stated that third floor units have sold for more, and there is indication they are worth more than those on the ground level. Mr. Moberg stated he is shocked that HUD values are not considered because it seems this is a real meaning as to what the property is worth. Mr. Madsen stated that there are two different marketing scenarios, one is the government selling and wanti.ng to cut their losses, and the other market is for those who sell at their leisure. BOARD OF REVIEW MEETING OF APRIL 8. 1991 PAGE 4 Mayor Nee asked Mr. Moberg what he believed might be the selling price for his unit. Mr. Moberg stated that he does not have any idea but with taxes rising it would not help in selling the unit. Mayor Nee stated the history has been that the values have been adjusted down for a number of years and has decreased from last year. Councilman Schneider stated that he was sympathetic, but there are some comparables, and it seems if this value was adjusted it would be necessary to adjust all the values on these units. MOTION by Councilman Schneider to concur with the Assessor's estimated market value for this property at $40,800. Further, to note Mr. Moberg's protest in order that he may proceed with his appeal to the Caunty, if he so desires. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MIRABLAS SAJADY, 5849 - 3RD STREET: Mr. Madsen stated that Mr. Sajady's main concern was that he purchased the property from HUD last year for $74,000 and it is valued at $76,600. He stated that Mr. Sajady has left the meeting, but stated that a realtor advised him the property was only worth $65,000. Mr. Madsen stated that his office would recommend the $76,600 value be upheld. MOTION by Councilman Fitzpatrick to reaffirm the value of $76,600 placed on this property with the stipulation that the property owner be advised that he could appeal to the County. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. YOAVA KLUCSAR, 1420 RICE CREEK ROAD: Mr. Klucsar stated that he wished to protest the value of $77,800 placed on his property. He stated that he has a two bedroom home with only half the basement finished and the other half is crawl space. He stated that one of the comparable homes was a three bedroom which sold for $78,900. He stated that even though his lot is large it is not level. Mr. Klucsar stated that he was advised by Merrill Lynch Realty that his home would be worth between $65,000 and $70,000. He stated that another realtor advised him, if he were to seil, he could ask $75,000 but felt he should take any offer over $65,000. Mr. Madsen stated that the value in 1987 was $61,900 and the addition brought the value to $64,800. He stated that in 1989 there was an increase in the land value only for a total value of BOARD OF REVIEW MEETING OF APRIL 8, 1991 PAGE 5 $69,300. He stated that in 1990 the addition was completed, a value of $77,400 was established, and this year it is $77,800. Mr. Klucsar stated that the addition was 22 by 18 feet for a bedroom and entryway. He stated that the size of his home is 920 square feet. Mr. Madsen stated that the record shows the home is over 1,100 square feet and felt this should be checked further. MOTION by Councilman Schneider to continue this item to April 22, 1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LOIS WHITE, 7736 ALDEN WAY: Ms. White stated that she has spoken with the Assessor several � times and is appearing this evening to protect her right to appeal to the County. She stated that her value is $10,000 over the selling price and did not feel she should be assessed for more than she could sell her home. Ms. White stated that in 1985 she had three separate appraisals. She stated that all of these appraisals were $10,000 less than the estimated market value of her home. She stated that she did receive a reduction on one occasion because of the property across the street. Ms. White stated that her home has 900 square feet and a problem with water, cracks, and constant erosion. She stated that last fall she had an appraisal and was advised, if she were to sell, to list the home for $125,000. She stated that the value on her home is $130,200. Mr. Madsen stated that in regard to the square footage, there seems to be a discrepancy as the record indicates the home has 1,100 square feet. Mayor Nee stated that it would be appropriate for someone in the Adsessor's Ofiice to meet with Ms. White and, if she is not satisfied with the value placed on her property, she could appeal to the County. MOTION by Councilman Fitzpatrick to continue this item to April 22, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. BRUCE AND SHELDYN HIMLE, 158$ WOODSIDE COURT: Mr. Madsen stated that a letter was received from the Himle's as they wished to go on record in order to be able to appeal to the County. BOARD OF REVIEW MEETING OF APRIL 8. 1991 PAGE 6 MOTION by Councilman Schneider to receive the letter from the Himle's. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to continue this meeting of the Board of Review to April 22, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee adjourned this meeting at 9:05 p.m. Respectfully submitted, Carole Haddad Recording Secretary Approved: William J. Nee Mayor THE MINIITES OF THE REGIILAR ME$TING OF THE FRIDLEY CITY COIINCIL OF APRIL 8, 1991 The Regular Meeting of the Fridley City Council was called to order at 9:05 p.m. by Mayor Nee, after the Board of Review meeting. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick MEMBERS ABSENT: Councilwoman Jorgenson Mayor Nee stated that Councilwoman Jorgenson was absent this evening due to a death in the family. Mayor Nee stated that the City Manager, Bill Burns, was attending a conference on economic development and finance. He stated that Jim Hill was the Acting City Manager for tonight's meeting. PRESENTATION OF PROCLAMATION: MINNESOTA SPECIAL OLYMPICS DAY - JULY 13, 1991: Mayor Nee read and issued a proclamation proclaiming July 13, 1991 as Minnesota �pecial Olympics Day and encouraged Fridley citizens to attend the Minnesota Special Olympics softball games at Community Park. APPROVAL OF MINUTES: COUNCIL MEETING. MARCH 25, 1991: MOTION by Councilman Schneider to approve the minutes as presented. seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: JEAN HAGBERG, 5881 - 2ND STREET N.E.: Ms. Hagberg, 5881 - 2nd Street N.E., stated that the homeowners at the end of 59th Avenue would like to install some fences and close off the alley. She stated that the alley is not paved or maintained and that persons are driving through this area. '1 FRIDLEY CITY COIINCIL MEETING OF APRIL 8. 1991 PAGB 2 Councilman Fitzpatrick stated that there is a process to vacate an alley and asked that Ms. Hagberg contact Barb Dacy in Community Development to obtain information on this procedure. PUBLIC HEARING: 2. PUBLIC HEARING ON FINAL PLAT P S #91-01 BY MILESTONE HOTEL INVESTMENTS, INC., TO REPLAT PART OF LOTS l, 2, 3, 4 AND 5, AUDITOR'S SUBDIVISION NO. 153, TO BE DESCRIBED AS LOTS 1 AND 2, BLOCK 1, SKYWOOD MALL ADDITION, GENERALLY LOCATED AT 5201 -5275 CENTRAL AVENUE N.E.: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously, and the public hearing opened at 9:12 p.m. Ms. Dacy, Community Development Director, stated that the property in question is zoned commercial with R-1 to the east, to the north Menard's property, and to the south apartment buildings. She stated that the proposal is to subdivide the property into two lots. Ms. Dacy stated that this plat is part of a three part application by Milestone Hotel Investments Inc. She stated that the petitioners are also seeking a lot split to accomplish this subdivision by metes and bounds. She stated that another issue was a side yard variance for a zero lot line between the motel and the shopping mall. Ms. Dacy stated that the Planning Commission recommended approval of the plat with the stipulations that a 30 foot easement be dedicated to accommodate a water line improvement and that the agreement and easements referred to in the lot split application be recorded on the final plat. Ms. Judy Engebretson, 5216 Taylor Street, requested that if the Council approves this lot split a stipulation be placed on the resolution denying a future request for a liquor license. She stated that previous promises at the Council meeting of October 17, 1983 were made to the residents that there would be no liquor license for this property. Ms. Engebretson referred to a letter to the residents of Taylor Street dated July 25, 1984 from Mr. DeRosier in which he indicated that previous statements made concerning the liquor license were true and correct and at the present time there have been no changes. She stated that by attaching a stipulation to the lot split there would be no future misunderstandings in regard to a liquor license. She stated that the residents will no longer rely on promises of good faith concerning this property. She requested that this stipulation be put in writing and that it be recorded. FRIDLEY CITY COIINCIL MBETING OF APRIL 8. 1991 PAGE 3 Ms. Engebretson stated that when the motel was constructed it was presented as a family-oriented motel. She stated it has been noticed that the majority of the users use the motel for party facilities on weekends. She stated they are fully aware that liquor is on the premises and is brought in by private parties. Ms. Engebretson presented a petition requesting that any vote in favor of granting a lot split for this motel contain a stipulation that would deny the granting of any present or future requests for a liquor license on either property excluding the site now being occupied by the Ground Round. Ms. Engebretson also submitted a letter from William and June Kuether, 5268 Taylor Street, regarding a liquor license and the maintenance of the hill behind the motel. MOTION by Councilman Billings to receive Petition No. 1-1991 and to also receive the letter from William and June Kuether dated April 2, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Tim Ring, representing Marquette Bank, stated that when the industrial development revenue financing was considered by the Council in 1983 the only statement regarding the liquor was from Mr. DeRosier. He stated that Mr. DeRosier did not want a liquor license. Mr. Ring stated that tying the lot split with prohibiting liquor is not necessary because it should be addressed in an application for a liquor license. He stated that what Milestone Hotel Investments wants is the opportunity in the future to request a liquor license. He stated that in order to sell the property liquor prohibition cannot be tied to this lot split. Mr. Ring stated that the property has deteriorated, and the proposed buyers plan to invest $300,000 to $400,000 in the motel. He stated that he believed it was in the best interests of the City to approve the lot split and variance and to control the liquor license through the licensing procedure. Mr. Donald Delich, 5284 Taylor Street, stated that he was concerned about the statement that the buyers do not want a liquor license now but may request it in the future. He stated that he felt the residents needed protection. He stated that he did not feel the bank should request this type of concession to guarantee the value of that property. Mr. Bill Leavey, 1240 - 52nd Avenue, stated that there ars three bars within two blocks of the motel. He stated that the motel now has group parties, and there is a certain amount of liquor that is brought into the motel. He stated that a lot of times teenagers are involved. Mr. Leavey felt that if there are problems now he questioned what it would be like if the motel had a liquor license. FRIDLEY CITY COONCIL MEETING OF APRIL 8. 1991 PAGE 4 Mr. Steve Kantorowicz, 5200 Taylor Street, stated that the parking lot at the motel is full when there are parties and receptions. He stated that people are in the parking lot talking loudly and arguing. He questioned the number of police calls to the motel. Mr. Kantorowicz stated that he cannot sit in his back yard because there are young people sitting on the hill in back of the motel just below his home. Mayor Nee stated that the problem may be reduced if the motel had a liquor license as they would have better control. Mr. Hiil, Acting City Manager, stated that in 1990 there were 47 police calls to the motel involving such things as disturbing the peace, liquor violations, theft, and damages to property. He stated that he would like Mr. Kantorowicz to call every time he observes juveniles drinking. Mr. Ring stated that this was not the appropriate time to consider the liquor issue. He stated that all the buyers want is the opportunity to come before the Council in the future for a liquor license. Mr. Pat Conlin, representing Milestone Hotel Investments, Inc., stated that he would agree this is not the proper time to discuss the liquor issue but to discuss the current situation at the motel of persons partying outside the premises. He stated that from a management standpoint, when you have people bringing liquor on-site there is less control than if liquor is being served at the motel. He stated that if the motel had a liquor license he felt that there would be a lot less problems with liquor and with minors consuming alcohol on the premises. Ms. Engebretson stated that from past experiences she has found out that a stipulation in regard to the liquor license is the only way to deal with the situation as it has to be down in writing. She stated that in 1983 the developer promised to upgrade the mall. She stated that, unfortunately, for some reason that particular area seems to be doomed regardless of how much money or renovation is put into the property. She stated that this is the reason residents are here to make sure that a stipulation be recorded regarding the liquor license so there will not be any future misunderstandings. Mr. Craig Alshouse, Craig Company, stated that he was hired by Marquette Bank to market the motel, and it was his idea to split this property. He stated that there are three different businesses on this parcel; the office building, retail spaces, and the motel. He stated that the office and retail spaces are real estate leasing operations, and the reason the property is in this state is because it does not work with one owner. He stated that he does not know a person who knows how to handle all three of these businesses properly. FRIDLEY CITY COIINCIL MEETING OF APRIL 8, 1991 PAGB 5 Mr. Alshouse stated that they have looked at every alternative to improve the property such as to add capital to the retail site and to bring in major tenants. He stated that the mall needs several major tenants, and he felt the City would be better off to split the parcel. He felt that this would allow a motel expert to purchase the motel and a retail e�cpert to purchase the retail portion and bring them up to code. He stated that the purchase agreement requires the buyers to make improvements to the motel. Mr. Alshouse stated that Marquette Bank does not own the property, but that 400 bond holders around the country own it. He stated that Marquette Bank is the trustee, not the mortgagee, and the bank did not lend any money on this property. Mr. Kantorowicz questioned where people would park if the motel were to obtain a liquor license. Ms. Dacy stated that the site does not meet the parking requirements according to today's standards. She stated that the extra parking lot constructed between the Ground Round and Twin City Federal does help, but the property is short about 100 spaces. She stated that there is space to stripe about an additional twenty spaces. Mr. Curt Gudmundson, representing Milestone Hotel Investments, Inc., stated that they are not applying for a liquor license and are in the motel business. He stated that he would guarantee they have not had 47 police calls to all of their motels. Mr. Gudmundson stated that they are requesting the liquor license be open to its own process. He stated that they do not have a liquor emphasis at the motel, but for motels to be competitive it is appropriate to have liquor. He stated that he did not feel it made sense to tie a liquor license to a lot split. He stated that the problem is not the liquor license but bringing liquor into the establishment. Councilman Billings stated that he is curious as to the marketing strategy for the motel. He asked what kind of changes they are proposing. Mr. Gudmundson stated that the rooms and banquet facilities have to be lightened as the decor now leaves a very depressed feeling. He stated that the motel should be pleasant. He stated that another emphasis was on value and felt pricing was important. Mr. Gudmundson stated that they are in the hospitality business and do not have a liquor emphasis. Councilman Billings asked Mr. Gudmundson to define the hospitality business. FRIDLEY CITY COIINCIL MEETING OF APRIL 8, 1991 PAGE 6 Mr. Gudmundson stated that they would not rule out food and beverage. He stated that the motel is built as a fu11 service property as opposed to a limited service property. Councilman Billings stated that he did not want to address the liquor license per se, but the concept that was sold to the neighborhood several years ago was that this would be a family- oriented motel and used by travelers who come to Fridley and not to attract people for banquets and weddings. He stated that this motel exists because the developer made certain promises to the Council and to the neighborhood. Councilman Billings stated he would have to disagree that the most important thing is the sale of the property. He stated that the most important thing is the preservation of this neighborhood. He stated that no where has he seen that it was his duty as a Councilmember to protect the financial integrity of any bond holders or commercial and industrial property to the detriment of the residents of this City. Mr. Gudmundson stated that the property can be enhanced by approval of the lot split. He stated that they are only saying the City has a procedure for a liquor license as opposed to placing restrictions on the lot split. He stated that he felt it was a chance to upgrade the motel. Councilman Billings stated that the issue before the Council is the lot split and the replatting of the property. He stated that he finds it incredible the amount of tenacity that both sides of the issue have relative to the liquor license. He stated that it is obviously a very important issue. He stated that he almost feels compelled to address the issue because of the strong feelings on both sides. Councilman Billings stated that his concern is the neighborhood and the impact this property has on the neighborhood. Mr. Gudmundson stated that they are in full agreement with those concerns. He stated that they are trying to bring some money into the community, and it seems they are not welcome. Mr. Kantorowicz asked how many of the other motels owned by Milestone Investments are adjacent to private property. Mr. Gudmundson stated that probably about one-third of them. He stated that they are not coming into the City to make things worse and are not responsible for the failures in the past. Mr. Conlin stated that he felt the sale was related to the preservation of the neighborhood. He stated that if there was no sale he felt that the property would further deteriorate and, without any capital put into it, it would probably be very negative to the community. FRIDLEY CITY COIINCIL MBETING OF APRIL 8, 1991 PAG$ 7 Councilman Schneider stated that he felt the Council made a promise to the neighborhood not to have liquor at this establishment. He asked the City Attorney if the Council had the discretion of voting against a liquor license. Mr. Gregg Herrick, representing the City Attorney's Office, stated that it seems there are concerns here that would allow the Council to deny the liquor license if an application was submitted because of problems that have materialized such as the noise, traffic, and late night parties. Councilman Schneider asked if the lot split could be granted and then a resolution of intent passed which would serve notice to the property owners that it is very unlikely a liquor license would be granted. Mr. Herrick stated that the Council could make that declaration based on past findings and the present use of the property. He stated that he did not know if it would be binding but it would be a declaration of intent. Mr. Leavey stated that he did not have anything against Milestone Investments but felt that the residents did not want a liquor license for this property. He stated that he felt a liquor license was not needed to run a properly managed motel. Councilman Schneider stated that the prospective buyers want the option to apply for a liquor license, but there is very little doubt in his mind, given the situation as it is today, that it would be approved. -° Mr. Leavey asked if a liquor license was necessary for the motel to thrive. Mr. Gudmundson stated that it was not necessary, but they did not want to give up their right to come before the Council in the future for a liquor license. Councilman Schneider asked if it would be appropriate to add the stipulation to the lot split regarding the liquor license. Mr. Herrick stated that the lot split should stand on its own. He stated that if there was an application for a liquor license at a later date, the liquor license should be reviewed by the Council as to its appropriateness. Mr. Herrick stated that the other issue is the covenant on the Ground Round lease. He stated that he does not have a copy of the fully executed lease but understands the Ground Round lease indicates that for the period of its lease it will be the only liquor license establishment in that area. He stated that in the deed to the Skywood Mall, of which his copy is not a completely FRIDLEY CITY COIINCIL MEETINQ OF APRIL 8, 1991 PAGE 8 executed one, it indicates the property is subject to that covenant or subject to the rights of the Ground Round. He stated that it seems another liquor license would be excluded by reason of those recorded documents. Councilman Schneider asked if the lot split was granted and a stipulation added regarding liquor, if it puts the City at risk if the lot split is challenged. Mr. Herrick stated that the option would exist for an argument that it is an inappropriate restriction on the development of property. He stated that if the purchase agreement is contingent on no restriction on the liquor license application, and the court finds that it is inappropriate and the sale is lost, it could be a problem. Councilman Billings stated that in reference to the Ground Round's lease, the lease specifically indicates that within 1,500 feet of the premises to be used or occupied that there will not be a restaurant business or sale or furnishing of food, desserts, etc. He stated that the lease goes on to make some exceptions for those businesses that existed at the time the lease was executed. He stated that there is already a food operation which would be contrary to this clause of the Howard Johnson lease. He stated that he did not know if Howard Johnson has signed off on that restaurant, but his concern is not to protect Howard Johnson, Ground Round, or the bond holders. Councilman Billings stated that he is concerned about the residential properties and the shortage of over 100 parking spaces. He stated that he is concerned with any change in the business operation that would promote additional traffic on the site for different activities. He stated that the Council may want to consider a stipulation to the lot split stating that there be no changes in the operation that would create the need for additional parking. Mayor Nee stated that he felt the question was would this property have a better chance for success if the ownership was split. He stated that the parking question is related as well as the cross easements and the maintenance agreements. Councilman Schneider stated that his concern was for the neighborhood, and the Council made the commitment not to allow liquor to be sold at this motel. Mr. Kantorowicz stated that if an application is received for a liquor license for this motel, he requested that the residents be notified. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting FRIDLEY CITY COIINCIL MEETING OF APRIL 8. 1991 PAGE 9 aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:19 p.m. OLD BUSINESS: 3. ORDINANCE NO. 969 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 125, ENTITLED "SAUNAS AND MASSAGE PARLORS," BY AMENDING SECTION 125.02.06, BY ADDING NEW SECTION 125.03 "EXCEPTIONS." AND BY RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY: Mr. Hill, Acting City Manager, stated that this was an amendment to the sauna and massage parlor ordinance, primarily to allow the therapeutic massage group to practice their profession. He stated that this group has been active in other cities, and the other cities have been amending their ordinances in order to allow these persons to perform therapeutic massage. MOTION by Councilman Schneider to waive the second reading of Ordinance No. 969 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatrick. Councilman Billings stated that, as he indicated at the last meeting, several years ago the City passed the original sauna and massage ordinance to clean up a problem in the City. He stated that he personall,y did not think it was appropriate at this time to change the ordinance. He stated that persons can get therapeutic massage in other cities and did not think the ordinance should be changed so one person could have a home occupation. UPON A VOICE VOTE TAI�N ON THE ABOVE MOTION, Councilman Schneider, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 3 to 1 vote. 4. VARIANCE REOUEST. VAR #90-32, BY FIRST WESTERN DEVELOPMENT CORPORATION (TABLED 3/25/91): MOTION by Councilman Fitzpatrick to receive the letter from First Western Development and table consideration of this variance request, VAR #90-32, indefinitely. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT. L.S. #91-02, TO SPLIT LOTS 1-5 AUDITOR'S SUBDIVISION NO. 153 INTO TWO SEPARATE PARCELS. PARCEL A AND PARCEL B, GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. (TABLED 3f25f91): MOTION by Councilman Billings to table this item to April 22, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY CDIINCIL MEETING OF APRIL 8. 1991 PAGE 10 6. RECEIVE AN ITEM FROM TIiE APPEALS COMMISSION MEETING OF MARCH 12, 1991• A. VARIANCE RE4UEST, VAR #91-04, BY MILESTONE HOTEL INVESTMENTS, INC., TO REDUCE THE SIDE YARD SETBACK FROM 15 FEET TO 0 FEET FOR PROPO5ED LOTS 1 AND 2, BLOCK 1. SKYWOOD MALL ADDITION, TO ALLOW A ZERO LOT LINE IN A COMMERCIAL DISTRICT. GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. (TABLED 3j25191): MOTION by Councilman Billings to table this item to April 22, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 27, 1991• A. SPECIAL USE PERMIT, SP #90-18, BY HUMBERTO MARTINEZ, PER SECTION 205.18.03.C�4) OF THE FRIDLEY CITY CODE. TO ALLAW THE LOT COVERAGE TO BE INCREASED FROM 40 PERCENT MAXIMUM TO 44 PERCENT MAXIMUM ON LOTS 1 THROUGH 5, BLOCK 6, ONAWAY ADDITION. GENERALLY LOCATED AT 7786 BEECH STREET N.E.: Ms. Dacy stated that Mr. Martinez was not present this evening, therefore, the following action was taken: MOTION by Councilman Billings to table this item to April 22, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT, SP #91-04. BY DAVID AND SHERI McCATN, PER SECTION 205.24.04(D) OF THE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF AN ADDITION TO AN EXISTING HOUSE IN THE CRP-2 (FLOOD FRINGE) DISTRICT, ON LOTS 17-20, BLOCK T, RIVERVIEW HEIGHTS, THE SAME BEING 689 FAIRMONT STREET N.E.: Ms. Dacy, Community Development Director, stated that Mr. and Mrs. McCain stated they wished to withdraw this request. She stated she asked that they submit this request in writing. Ms. Dacy stated that they are withdrawing their application for the special use permit as they felt they would be over building in that area. MOTION by Councilman Fitzpatrick to table this item to April 22, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COtTNCIL MEETINQ OF APRIL 8. 1991 PAGE 11 C. SPECIAL USE PERMIT. SP #91-05, BY RANDALL OLCHEFSRE OF RIVERSIDE CAR WASH, PER SECTION 205.14.O1.C.6 OF THE FRIDLEY CITY CODE, TO ALLOW THE EXPANSION OF A MOTOR VEHICLE WASH ESTABLISHMENT ON TRACT D, REGISTERED LAND SURVEY NO. 19. THE SAME BEING 6520 EAST RIVER ROAD N.E.: Ms. Dacy, Community Development Director, stated that this property is located in the northwest corner of Mississippi Street and East River Road and is zoned C-2. She stated that this special use permit is requested for expansion of the car wash facility. She stated that the petitioner wishes to remove a portion of the existing building and construct a new addition to enclose the westerly part of the building. She stated that the purpose of this enclosure is to provide an area for a full service car wash. Ms. Dacy stated that staff is recommending approval despite the fact that a variance is needed for the enclosure. She stated that this expansion does not alter the traffic patterns on the property. Ms. Dacy stated that the Planning Commission recommended approval with the stipulation that the variance also be granted. MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #91-05, with the stipulation that Variance Request, VAR �91-06, is also approved. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � D. SET_�UBLIC HEARING FOR APRIL 22, 1991. FOR A REGISTERED LAND SURVEY, P.S. #91-02. BY STEVEN BRUNS FOR MIDWEST SUPER STOP TO REPLAT PROPERTY GENERALLY LOCATED AT 8100 EAST RIVER ROAD N.E.• MOTION by Councilman Fitzpatrick to set the public hearing on P.S. #91-02 for April 22, 1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of March 27, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF APRIL 8. 1991 PAGE 12 8. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MARCH 26, 1991• A. VARIANCE VAR #90-31, BY HUMBERTO MARTINEZ, TO REDUCE THE LOT AREA FROM 1-1j2 ACRES (65,340 SQUARE FEET) TO 1j3 ACRE (14,320 SQUARE FEET); TO REDUCE THE REOUIRED LOT WIDTH FROM 150 FEET TO 88 FEET; TO REDUCE THE SIDE YARD SETBACK FROM 20 FEET TO 8 FEET: TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 35 FEET TO 8 FEET; TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 8 FEET; TO REDUCE THE PARKING SETBACK FROM 20 FEET TO 8 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOTS 1-5 BLOCK 6. ONAWAY ADDITION, THE SAME BEING 7786 BEECH STREET N.E.• MOTION by Councilman Billings to table this item to April 22, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF MARCH 12, 1991• A. VARIANCE RE4UEST, VAR #91-05, BY DAVID AND SHERI MCCAIN TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 35 FEET TO 24 FEET, TO ALIAW THE CONSTRUCTION OF AN ADDITION ON LOTS 17, 18, 19 AND 20, BLOCK T. RIVERVIEW HEIGHTS ADDITION. THE SAME BEING 689 FAIRMONT STREET N.E.: MOTION by Councilman Fitzpatrick to table this item to April 22, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE RE4UEST, VAR #91-06, BY RANDALL OLCHEFSKE FOR RIVERSIDE CAR WASH TO REDUCE THE REOUIRED SIDE YARD SETBACK ON A CORNER LOT FROM 35 FEET TO 19 FEET. ON TRACT D. REGISTERED LAND SURVEY NO. 19, THE SAME BEING 6520 EAST RIVER ROAD N.E.• MOTION by Councilman Fitzpatrick to grant Variance .Request, VAR #91-06 to reduce the required side yard setback on a corner lot from 35 feet to 19 feet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVAL OF AMENDMENT TO THE MOORE LAKE COMMONS EAST COMPREHENSIVE SIGN PLAN: Ms. Dacy, Community Development Director, stated that this amendment is to provide signage for second floor office tenants in the Moore Lake Commons East shopping center. She stated that staff is recommending approval of this amendment as it meets the requirements of the sign ordinance. FRIDLEY CITY COIINCIL MEETINQ OF APRIL 8, 1991 PAGE 13 MOTION by Councilman Schneider to approve the amendment to the Moore Lake Commons East comprehensive sign plan. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVE BIDS AND AWARD CONTRACT FOR 1991 MISCELLANEOUS CONCRETE CURB, GUTTER, AND SIDEWALK PROJECT: MOTION by Councilman Fitzpatrick to receive the following bids for the 1991 miscellaneous concrete curb, gutter, and sidewalk project: COMPANY Halvorson Construction 4227 - 165th Avenue NE Anoka, MN 55304 Standard Sidewalk 29635 Neal Avenue Lindstrom, MN 55045 Advance Concrete 7438 Upton Richfield, MN 55423 Landmark Concrete 1548 - 164th Lane NE Ham Lake, MN 55304 Gunderson Bros. 2325 Snelling Avenue Minneapolis, MN 55404 Lindahl & Carlson 1821 University Avenue Suite 318 St. Paul, MN 55104 Jim Clausen Construction 16821 Pebble Brook Ct. Prior Lake, MN 55372 Thomas and Sons 13925 Northdale Blvd. P.O. Box 303 Rogers, MN 55374-0303 TOTAL BID $25,502.30 $28,530.00 $28,650.00 $29,038.00 $30,585.00 $32,390.00 $32,910.00 $33,980.00 ALTERNATE BID $28,084.00 $32,025.00 $ 7,570.10 (voided) $16,869.86 $21,693.00 $25,072.60 NO BID $26,320.00 DNCON 7870 - 161st Street West $34,593.00 $28,210.00 Lakeville, MN 55044 FRIDLEY CITY COUNCIL MEETING OF APRIL 8. 1991 PAGE 14 Curbmasters Inc. 10150 - 101st Street N. Stillwater, MN 55082 Van Norman Concrete 4245 - 165th Avenue Ham Lake, MN 55304 Sunram Landscaping 7675 Troy Lane Maple Grove, MN 55369 Neeck Construction 8321 Knollwood Drive Mounds View, MN 55112 $35,600.00 $36,680.00 $47,900.00 $49,393.00 $19,488.00 NO BID 20,857.20 $32,121.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that thirteen bids were received for the 1991 miscellaneous concrete curb, gutter,and sidewalk project. He stated that an alternate bid was added for the construction of the foundation and slab work at the Fire Training Center. Mr. Flora stated that the low bidder for concrete curb, gutter, and sidewalk was Halvorson Construction with a bid of $25,502.30 and the low bidder for the foundation and slab work at the Fire Training Center was Landmark Concrete at $16,869.86. He stated that the bid from Advance concrete was voided as the bidder made an error and bid on square feet rather than square yards. Mr. Flora stated that he would recommend the contracts be awarded to the low bidders, Halvorson Construction and Landmark Concrete. MOTION by Councilman Schneider to award the contract for the 1991 miscellaneous concrete curb, gutter, and sidewalk project to the low bidder, Halvorson Construction, in the amount of $25,502.30 and to award the contract for the foundation and slab work at the Fire Training Center to the low bidder, Landmark Concrete, in the amount of $16,869.86. Seconded by Councilman Fitzpatrick. Councilman Billings asked if there is a clause in the contracts relative to prevailing wages. Mr. Flora stated that clause is in all of the contracts. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF APRIL 8. 1991 PAGE 15 12. RECEIVE BIDS AND AWARD CONTRACT FOR SANITARY SEWER PROJECT NO. 221 (HACKMANN AVENUE): MOTION by Councilman Schneider to receive the following bids for Sanitary Sewer Project No. 221: COMPANY Insituforna Central 6167 North Kent Ave. Milwaukee, WI 53217 Visu-Sewer Clean & Seal 2849 Hedborg Drive Minneapolis, MN 55343 TOTAL BID $25,101.00 $25,139.00 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that two bids were received for this project and recommended that the contract be awarded to the low bidder, Insituform Central in the amount of $25,101.00. MOTION by Councilman Fitzpatrick to award the contract for Sanitary Sewer Project No. 221 to the low bidder, Insituform Central, in the amount of $25,101.00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 35-1991 IN SUPPORT OF AN APPLICATION FOR �1 MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE WOMEN'S ASSOCIATION OF ALLIED BEVERAGE INDUSTRIES, INC. (WAAB): Mr. Pribyl, Finance Director, stated that this gamblinq premise permit is for the Shorewood Restaurant and Lounge. He stated that the PubZic Safety Director, Jim Hill, has approved the gambling permit, and Minnesota statutes requires the adoption of a resolution approving or denying any type of gambling permit. Ms. Reba Whiteoak, representing the WAAB, stated that this organization was formed over 45 years ago, and they raise funds for charitable purposes. She stated that this is a national organization and has charters alZ over the United States. Ms. Whiteoak stated they felt that by going into charitable gambling, they would have a chance to make more money for those who need their help. Mr. Hill, Acting City Manager, stated that he was contacted by this organization regarding the possibility of their operating a pull- tab operation from the Shorewood Restaurant and Lounge. He stated that the City no longer approves the specific gainbling license, and FRIDLEY CITY COIJNCiL MEETING OF APRIL 8, 1991 PAGE 16 he suggested they apply for the license with the State and then apply for the premise permit for where they wished to locate. Mr. Hill stated that he had some concern regarding the organization's understanding of the City's ordinances regarding fifty percent of their profits going to the Fridley trade area. He stated that he has reviewed their files to determine where they have donated to charity and about one-third would qualify under the City's current ordinances. He stated that the organization has indicated they would have no difficulty in fulfilling the ordinance requirements. MOTiON by Councilman 5chneider to adopt Resalution No. 35-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. INFORMAL STATUS REPORTS: There were no informal status reports. 15. CLAIMS` MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 36920 through 37106. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee decl.ared the motion carried unanimously. 16. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. ESTIMATES• MOTION by Councilman Schneider to submitted: Layne Minnesota Co. 3147 California Street N.E. Minneapolis, MN 55418 approve the estimates as Repair and Maintenance of Well No. 9, Project No. 215 (Well Nos. 1& 4 are pending) FZNAL ESTIMATE . . . . . . . . . . . . . . . $3,608.00 FRIDLEY CITY COLJNCIL MEETING OF APRIL 8, 1991 PAGE 17 Herrick & Newman 205 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Attorney for the Month of March, 1991 . . . . . . . . . . $5,909.25 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 8, 1991 adjourned at 10:46 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: r _► � Community Development Department PLANNING DIVISION City of Fridley DATE: April 16, 1991 � TO: William Burns, City Manager�;n� FROM: SUBJECT: Barbara Dacy, Community Development Director Public Hearing for the Proposed Ordinance Amendment Regarding Accessory Apartments The City Council established the meeting on April 22, 1991 to conduct the public hearing regarding the proposed ordinance amendment for accessory apartments, or mother-in-law apartments. Staff recommends that the City Council conduct the public hearing and receive testimony regarding this issue. The first reading of an ordinance could be presented to the City Council at its May 6, 1991 meeting. BD/dn M-91-276 lJ r � � . DATE: TO: Community Development Department PLANNING DIVISION City of Fridley March 8, 1991 Planning Commission Members FROM: Barbara Dacy, Community Development Director SUBJECT: Proposed Ordinance Amendment Regarding Accessory Apartments Previous Action On November 14, 1990, the Planning Commission directed staff to prepare an ordinance amendment which would permit accessory apartments, but place a number of specific requirements on the operation and function of the apartment. The Planning Commission asked us to investigate with the City Attorney's office whether or not the City could require a license for unrelated individuals only and not a person related by blood or marriage. Attached is the City Attorney's opinion dated December 13, 1990 stating that such a license procedure is possible. Proposed Ordinance The intent of the ordinance is to provide a set of standards and a process to permit an accessory apartment to be created within a single family home so that it would not adversely affect the character of the single family district in which it is located. Changing demographics in our society indicate that household sizes are becoming smaller, but at the same time, available housing is not affordable. Some of these issues have already been exemplified in the testimony before the Planning Commission at the October and November meetings. For example, elderly persons may want to rent out part of their home to an individual in order to be eligible for State assistance. The Human Resources Commission reviewed the proposed ordinance amendment and had a number of recommendations: 1. � � The number of bedrooms per accessory apartment should be limited to one bedroom. The accessory apartment could be rented to no more than two adults, and no more than three occupants. The license may not be issued if there have been a number of substantiated public nuisanc� complaints within the prior year. 1A Accessory Apartments March 8, 1991 Page 2 4. The license must be posted in a public place of the residence. The Human Resources Commission also discussed and debated whether or not a special use permit versus a license should be used. Although a special use permit could be required, the license option is recommended. The standards in the ordinance would have to be met, otherwise, the license would not be issued. Also from an administrative standpoint, the license would have to be received on an annual basis. The owner would have to verify each year the number and names of tenants that are occupying the accessory apartment. The commission had inquired if the license would be issued to the owner and the tenant only, and that when the tenant changes, a new license would need to be issued. From an administrative and a consistency standpoint, because we require licenses on an annual basis for other types of rental units, requiring a license for changes of tenancy beyond the annual process would make the administration process more difficult. Also attached is a portion of the existing code on licensing rental properties. It requires posting of the license which was also requested by the Human Resources Commission. The Human Resources Commission also wanted a statement prohibiting issuance of a license if substantial public nuisance complaints have been filed. We are currently checking to see if the section regarding revocation already enables the City to do so. Therefore, we have amended the public hearing notice to include not only the Human Resource Co�naission's recommendations, but also the City Attorney�s. Recommendation The Planning Commission should review the proposed ordinance and make any recommended changes. If approved, the item would be brought to the City Council for public hearing in April 1991. Planning Commission Action The Planning Commission unanimously recommended proposed ordinance amendment with minor changes public hearing ad reflects those changes. Minutes Planning Commission meetings have been attached. BD/dn M-91-167 � approval of the . The enclosed from all of the PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, April 8, 1991 at 7:30 p.m. for the purpose of: Amending Chapter 205 of the Fridley City Code, entitled "Zoning", by amending Sections 205.03, "Definitions", and Section 205.07, "R- 1, One Family Dwelling District Regulations", as follows: Section 205.03. DEFINITIONS 205.03.01 Accessory Apartment A dwellin� unit that is contained within the structure of a one familv dwellina and clearly subordinate to the principal use of the structure as a one family dwellina 205.03.23 Dwelling, Multiple. A building or portion thereof designed for occupancy by two (2) or more• families living independently of each other.-�.n separate dwelling units. � 205.03.24 Dwelling, One-Family. A detached building designed exclusively for occupancy by one (1) family. 205.03.25 Dwelling, Two-Family. A building designed exclusively for occupancy by two (2) families living independent of each other.-and containing two (2� dwellinq units. 205.03.26 Dwelling Unit. �����3'��'����G1TC�T��1.'�� F.. ... � l � L � .. R.� / s�ee�i-�; ,''' --g, ee�e�c�g, ~a � �-� � ^ne or more rooms connected toaether, but which are separated from any other dwellina unit in the same building which rooms constitute a separate indenendent unit with cooking and bathroom facilities and areas for livina and sleeping, and used for residential purposes 205.07. R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. 1C The following are principal uses in R-1 Districts: (2) Single family attached development as per conditions under Section 205.11 of this Code. B. Accessory Uses. (4) The following are accessory uses in R-1 Districts: ,� Accessorp �partments subiect to the following standards• � Accessory apartments shall be located in single family dwellinqs only; � The one familv dwellina must be owner occupied with the owner residing in either the primary or accessorv unit on a continuous basis except for tempora absences. There shall be no sex�arate ownership of the accessory apartment; j�3., No more than one accessorv apartment per one family dwellinq is vermitted: � The accessory apartment must comply with applicabie buildincr, fire, electrical, plumbing,�heating, and related codes of the Citv; L5,1 If a separate entrance is provided to the required by the Uniform Fire Code; � There shall be no substantial exterior architectural chancies to the home such separate �urb/driveway entrances, separate entrances on the front of the one family dwellinc� separate water and sewer connections; � The floor area of the accessory apartment cannot eaual or exceed the floor area of the primary living area of the dwelling; � If the accessory auartment is to be rented to an individual not related to the owner, the owner is required to obtain a license from the City as required in Section 1D 220.13 of the City Code; � �dequate off-street �a�kinq shall be provided for both units with such parkinq to be in a garage, car�ort, or on a paved area; 10 There shall be no more than one (1) bedroom within the accessory apartment; {11� The maximum number of occupants of the accessory apartment shal� not exceed two adults , and no more than three occupants . 12 in complianc�e with the standards outlined above. The accessorv apartment shall be brought into conformance or the dwellinq returned to a one familv dwelling within three years of the date of the adoption of this ordinance. Amending Chapter 220 of the "Residential Rental Property Maintenance" by amending Section Section 220.13 LICENSING 220.13.01 Requirement. Fridley City .Code, entitled and Condominium Common Area 220.13, "Licensing", as follows: To allow for a systematic enforcement of this Chapter upon residential rental property, and condominiums, no person shall operate a residential rental property, and condominiums without first having obtained a license to do so from the City as hereinafter provided. In the case of rental of an accessorv apartment, licenses are required only if the apartment is to be rented to individuals unrelated by blood or marriage to the owner. License renewals shall be filed at least 30 days prior to the license expiration date. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: March 27, 1991 April 3, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 1E Virgil C. Herrick James L"►. Hceft Gregg V. Herrick Of Counsel David P. Newman �1te114���ll1� � l�'� V'V' �i�'1.LL�� _ � AZ"I'ORN�YS AT LA�'4' M E M 0 R A N D U M TO: Barbara Dacy, Community Development��irector FROM: Virgil Herrick, City Attorney ,��/�'G/J� _" DATE: March 19, 1991 � RE: Interpretation of the Definition of a Family This memorandum is in response to your request dated March 14, 1991 regarding the above subject. In your memorandum you indicated that Councilman Billings asked for our opinion as to whether two hypothetical situations that he posed would be consistent with our definition of "family" as used in our City Code. Before responding to the two hypotheticals, I refer you to my memorandum dated December 13, 1990 regarding mother-in-law apartments. In that memorandum, and in an earlier memorandum on the same subject, I indicated that the United States Supreme Court held that zoning ordinances restricting the number of unrelated persons who may live together in a residential zone are not in violation of the 14th Amendment. I also indicated that there is a substantial split on this question among various state courts. I finally indicated that there is no Minnesota Supreme Court case deterznining the constitutionality of an ordinance that restricts the number of unrelated persons who may live together. Nor am I aware of any Minnesota Supreme Court case that has considered the validity of a definition of "family" as applied to fact situations similar to those in the hypothetical. Councilman Billings' first hypothetical is as follows: "1.The parents of three brothers die unexpectedly. The three brothers inherit the single family home. In order to make ends meet, the brothers decide to rent to four unrelated individuals. There are now seven people living within the home; three are related, four are not. Does this violate the definition of a Family?" I would be of the opinion that the facts in this case would be in violation of the Fridley Ordinance. Suite 205, fi401 CJniversity Avenue '� �.� ��dley, Minnesota 55432, 612-571-385U Memo to Barb Dacy March 19, 1991 Page 2 In a New Jersey case, Berlin v. Christiansen 89 NJ Super 543, 215 A2d 593, the court found the owner of a single family home guilty of violating a zoning ordinance that limited the use of the property to a"single-family dwelling," where the owner occupied a bedroom on the lowest level and rented three bedrooms on the upper level to friends and their three children. The court stated that the use as a single-family residence was proper if the family use was the principal use, and the rental use was merely incidental. However, the court concluded, the rental use in the instant case outweighed the family use, not only because the friends were more numerous, but also because they occupied a greater portion of the dwelling. And more decisively, the court said, the payment of a fair market rent in the normal landlord- tenant relationship caused the use to be principally a rental use and only incidentally an everyday family use. In the case of Henrietta v. Fairchild 53 Misc. 2d 862, 279 NYS2d 992, the court held that a zoning ordinance permitting single- family dwelling use in residential districts precluded use of a single-family house by the owner and three to seven persons not related.except for one who was the owner's brother, and enjoined such use of the property. The court rejected the owner's argument that he and his associated group constituted a single-family, and concluded the owner's actual status or service was similar to a boardinghouse keeper, notwithstanding the ingenious form of economic arrangement. The above hypothetical might also violate the Fridley City Code provision that limits rental to two roomers. Councilman Billings' second hypothetical is as follows: "2. A man and a woman are living together in a single-family home out of wedlock. The man has two children, and the woman has three children. A total of six people live within the single-family home. Does this violate the definition of a Family?" I am ot the opinion that the facts in this situation would not violate the Fridley definition of "family." In Takoma Park v. Count Board of Appeals, 259 Md 619, 270 A2d 772, the Maryland court held that the male awner of a house and a woman friend and her two children who occupied the home with him were a family within the meaning of a zoning ordinance that defined family as "an individual, or two or more persons related by blood or marriage, or a group of not more than five persons not related by blood or marriage, living together as a single housekeeping group. 1G Memo to Barb Dacy March 19, 1991 Page 3 In the case of People v. Skidmore, 69 Misc. 2d 320, 329 NYS2d 881, a New York court dismissed a prosection for violation of a zoning ordinance brought against two unrelated adults who occupied a single-family dwelling with their children, one of the defendants having three children and the other having four children. In this case, the municipality had a provision in its zoning code that more than five persons, exclusive of issue and domestic servants, not related by blood, marriage or adoption, shall not be considered to constitute one family. The court pointed out that the ordinance specifically provided for the exclusion of issue in measuring one family, and concluded that there were merely two individuals, who had, for economic or other reasons, joined forces in occupying a one-family dwelling as a family unit. Depending on the desire of our defimition of "family" facts to "those contained in VCH:ldb the Council, we may wish to redefine to be more specific regarding similar the hypothetical questions. 1H 22U.13.5 B. Every dWelling unit Within a dwelling or condominium shall be provided With a smoke detector, detecting products of combustio n other than heat, and conforming to the requirements of the Qnderi+riters Laboratories or approved by the Internatio nal Conference of Building Officials. When actuated, the deteetor shall provide aa alarm ia the dWelling unit. 3. Fire Protectioa System. All fixed and portable Pire protection systems aad appliances must be accessible and maintained for immediate emergencq use. 4. Prohibiting Inside Connection oP External Applianees. It shall be unlaxful for an o�rner of a residential rental property or condominium to al1oW electrical drop cords, extension cords or any electrical Wire to run from any electrical outlet from inside the dyelling or dWelling unit for service to an electrical appliance outside of the dr+elling or dWelling unit. 220.13• LICEHSING 1. Requirement. To alloW for a systematic enforcement of this Chapter upon residential rental property and condominiums, no person shall operate a residential renta2 property or condominlum Without first having obtained a license to do so from the City as hereinafter provided. License reneWals shall be filed at least 30 days prior to the license expiration date. 2. Conformance. No operating license shall be issued or reneWed unless the residential rental property or condominium conforms to the ordinances of the City and the laxs of the State of Minnesota. 3. Fees. The annual liaense fee and expiration date shall be as provided in Chapter 11 of the City Code. 4. OWner or Agent to Apply. License application or rene�ral shall be made by the oxner or agent. Application forms may be acquired from and subsequently the City. 5. Agent Required. the oWner's filed kith No operating license shall be issued to an oWner Who does not reside in either Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Washington County unless the oWner designates in uriting, to the City, the name of an agent Who resides in either Hennepin� Ramsey, Anoka, Carver, Dakota, Scott or 1! EXISTING LICENSING Licensing 220-13 ORDINI�NCE 220.14..1 Washington County. The designated ageat shall be re�ponsible for maintenance and upkeep; legally constituted and empoWered to receive anq notification of City ordinance violations; authorized to iastitute remedial action to effect such orders; and accept all service or process pursuant to la�. This requirement may be Waived if, in the City's determination, the oWner not living in oae of the aforementioned connties, is nonethshall sufficiently accessible for the purposes of this Chapter. The City be notified in writing of any change of agent. - 6. Inspection. No operating license shall be issued or reneWed unless the oWner agrees in the application to permit inspections pursuant to Section 220.14 of thia Chapter. 7. Posting of License. Every licensee shall cause to be conspicuously posted in the main entry Way - of the d�elling, or other conspicuous location therein, the curreat license for the dwelling. 8. Transferability. No operating license shall be transferable. Every person holding an operating license shall give notice in Writing to the City xithin f ive (5) business days after having legally conveyed ar otheririse dispoaed of the legal control of any licensed property. Such notice shall include the name and address of the person succeeding to the oW nership or control of such residential rental property or condominium. � 9. Suspension or Revocation. Every operating license issued under the proVisions of this Chapter is subject to suspension or revocation by the City Council should the licensee or the duly authorized agent fail to operate or maintain the licensed residential rental property or condominium therein consistent With the provisions of the codes of the City and the laWS of the State of Minnesota. In the event that an operating license is suspended or revoked by the City Council for just cause� it shall be unlaWful Por the oxner or duly authorized agent to thereafter permit any neW occupancies of vacant or thereafter vacated dWellings or dWelling units until such time as a valid operating license may be restored by the City Council. 22p.14. ADHINISTRATION 1. Enforcement. �� � The City Manager and/or the City Manager's designated agent shall administer and enforce the provisions of this Chapter and is/are herebq authorized to cause inspectians on a scheduled basis and/or When reason exists to believe that a violation of this Chapter has been or is being committed. �2�-14 1 J �� � �- Admiaistration t' Virgil C. Herrick James D. Hoeft Gregg V. Herrick Of Couns¢1 David P. Newman TO: FROM: DATE: RE: ������llv � ����1'� ATTORNEYS AT LAV�I MEMORANDUM ^�'; Barb Dacy n�'.i ��,-� Virgil C. Herrick FUY` December 13, 1990 Mother-In-Law Apartment Ordinance Amendment This Memorandum is in response to your Memorandum of December 4, 1990. I have reviewed your memo and the attached minutes of the planning commission meeting of November 14, 1990. .As I interpret your Memorandum and the minutes the planning commission has asked the question whether the City can allow a homeowner to rent to related individuals without a license while requiring a homeowner to obtain a license if they rent to non-related individuals. I have researched that question and cannot find any authority on that issue. The legal question revolves around whether there is a rational basis to distinguish between renting to related individuals and renting to non-related individuals. If there were a challenge to this type of ordinance it probably would be under the equal protection clause of the United States or state constitution. Those clauses require that if there is to be a different treatment for related and unrelated individuals that there has to be a valid distinction. As I indicated I have not been able to find any cases directly in point. The question being asked is somewhat similar to a question that was asked in your Memorandum dated November 30, 1989. I responded to those questions in a Memorandum directed to Jock Robertson, Steve Barg and yourself on December 12, 1989. In that Memorandum the question was asked whether a city can limit the number of unrelated individuals through the definition of "family". I stated that the United States Supreme Court in the case of Belle Terre v. Boraas, decided in 1974, held that zoning ordinances having the effect of restricting the number of unrelated persons who may live together in a residential zone are not in violation of the 14th amendment regarding equal Suite 205, 6401 University Avenue r.`�1 � dle}; Minnesota 55432, 612-571-3850 MEMORANDM Barbara Dacy December 13, 1990 Page -2- protection. I went on to state that some states have followed the United States Supreme Court decision while others have held that under their own state constitutions that this was unconstitutional as a violation of their state constitution's equal protection clause. I further stated that the State of Minnesota has not ruled on that issue. I believe that a rational argument could be made to the court, if an ordinance requiring licenses for unrelated individuals were adopted. The City could state that it has a policy of allowing homeowners to provide rooms or apartments in their residence for related individuals; and that the policy goal is to permit homeowners to provide shelter to people who are related to the homeowner by blood or marriage. Conversely the City could adopt a policy that would state that it wishes to restrict the rental of apartments in single family residential areas to people not related to the family where the purpose of the rental would be for economic considerations. We could further argue that the United States Supreme Court has recognized a distinction between related and unrelated individuals in that they have authorized a numerical limitation on the number of unrelated people that can live in a single family home while not authorizing a similar numerical limitation for the number of related people that can live in a single family home. Whether these arguments would be successful it is impossible to say with any great certainty. As planning commission member Savage stated, "What is legally discriminatory is what the court says is legally discriminatory." I do, however, feel that if the planning commission wishes to make this recommendation to the counci2 that we could make a rational argument to defend it. VCH/lal 1L H z � a � a 0 � � w U U � z H E+ N H X W d d s� o .�'c s� ° � m o o b aitli �o a� "'�' °� -•�� N � A b ���W G�1 � 3a.1 dC'�.� � O O G�1 tT u� O GI G�l � � W b+ > O O 3> Q �+ C> ia af � G! �i� !a � W �.�1 �-1 Q O Ci W f� rt-.i � G � RY �i � � N ri i� i� .�1 �1 N N 01 W•` rl Ri LI •� 41 C. -'1 a".. :� 13 f�' Sd A.-1 L� r-1 rt'Cf r-1 �1 E3 G1 +� CI .� U C! 01 U O N W �-1 Gl N G 3� �.1 p �3� �•° �ma ° °�a�io G °►°a �ro m oa a4w o,� � � � v�-+.a o E�w v�w a d A m d C ,� L�i � W W -.�� b+ +� o ro p' 1° U � A ?� �.��1 > Y"� G1 � � �.�1 'O 3�.� A � r1 y�,� � � � "� '[ � W i� d �-1 U b �� 3 � G) CI O � U � W � m+� O OW c�i1W � ir O '[ � d U O b G�! .,�.1 b+ w a`�i � .� � d �i s�, -•��ro c ooa � � G �m �+ dA o 03> c o H ro�� a� 3.� .V d -.i �o a► �+ �c •a ¢3 cn a � b � > � �+ +� r, .0 d -•i d d•- -•a aJ at a -•+ .0 �+ .[ ia A�-1 3a � L4 � Gt .1� G1 �-1 U o+o •�°o d>a o o d mo roo .� a° � �w o� � � � o ow v�iw � '-1 1 3a ba�i m �a RTS U A� N > C �� °1 �b '� w� >� o �°' � oa �� � �a � ;�� �U UO �� � -'�1�,�-� � M+ a+ o 30 0 3o x.� -.� v�i� �w E H E � 3�+A O d a° o � � aC � z° O O � b N A � � .a � A a m � m Gl -•� N � �-�1 O � U '�O a4 r=°, �' 1M d � -.�.i � ro :� Rf � d � � � �y � � d � N� � 0 ow '[nw � i N A N � a� m� a a '� �, ro O A�3� O i3 � C m b+ b+ .��iw aaa�i � y � �++ a�i "� E'i � tll �+� Fa W+i d.-1 U �0 W�O�G! N d0 AU 1� ai �C -•�+ t�+ ° b�+ o o w v�i w � m v � w N dJ � � � d Cl U � J� �� °�m° a�'i">i m� c� ro > 3� � H +� 3� J•� +� � U ia a� za �u�i ow �w � 1N PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 24, 1990 at 7:30 p.m. for the purpose of: Amending Chapter 205 of the Fridley City Code, entitled "Zoning", by amending Sections 205.03, "Definitions", and Section 205.07, "R-1, One Family Dwelling District Regulations", as follows: Section 205.03. DEFINITIONS 205.03.23 Dwelling, Multiple. A building or portion thereof designed for occupancy by two (2) or more families living independently of each other-in separate dwelling units. 205.03.24 Dwelling, One-Family. A detached building designed exclusively for occupancy by one (1) family.-and containing one (1) dwe].lina unit. 205.03.25 Dwelling, Two-Family. A building designed exclusively for occupancy by two (2) families living independent of each other-and containina two (2) dwelling units. 205.03.26 Dwelling Unit. }�e�-e-t�—fl�e*a*�-s-�-e�t�---€�e . � , , . ne or more rooms connected together, but which are separated from any other dwellinq unit in the same buildinQ, which rooms constitute a separate, independent unit with cooking and bathroom facilities and areas for living and sleeping, and used for residential purposes. 205.07. R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. 10 ORIGINAL ORDINANCE The following are principal uses in R-1 Districts: (1) One-family dwellings.—which may be occupied bv the owner or mav be rented to one familv. (2) Single family attached development as per conditions under Section 205.11 of this Code. 205.07.02 USES EXCLUDED A. Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted in e€ this district are excluded in R-1 Districts. ` B. Except as permitted in 205.07.O1.B.(4)(d) above no part or portion of any one family dwel l ina shall be rented to any person or persons. C. Any one family dwellincx that has a current rental license from the Citv shall have three (3) years to amortize the investment in the rental unit; said three (3� vear period shall commence on the effective date of this ordinance. After said three (3) year �eriod the rental of said unit is prohibited. . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: October 10, 1990 October 17, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. �l r .-. � tp tn � � n � < � � ci 0 Z � Z C G � � � � � � � � A O Z -� � O i .-. � � � 3 w w < � .� LEVEL OF ADMINISTRATIVE EFFORT TO CONTROL ro n 0 � w tr' w rr F•- O � �-,�rraro a�wmors ►raerroo 'O tS � fD � 1,- F�-� � � ;J fD F+ w rt w 't7 ct A h'S e'F W W '�G W fD E �! O --�aoa� M N Ct O N- O ►i O M I � W O SD '� !A ID � r! tD 'O N r � (p r't 'C \ � µ �¢t+ �' rt Ai iC�� �A� �D F�• Q. O G �- rt �• ►�s m m� � a co b r � � x �• d �n �r u� vm���� ►t C. r- w to a� rr w wc�tp.� ~ �nmr•C N Q� �(�D (trh� O 1 O � 1 � N CL `J N N ri N N � W fi � an �� O O F•- 1� O � < F-' n �t r- o �W�E O tu o� ►��am wo rt�o A N fG pt � E � a W F•- ft ft � N ? �ro �- m rr r� � N- �fi cr a tr �� Q. an n �- aw m � cr r'i W IrD� N�.'7'9 �� rt � m� rr an �w Q. w i� � ��W MEDIUM- HIGH 1Q SIIRVBY OF OTHER COMMIINITIES� ACCESSORY OR MOTHER-IN-LAW APARTMENT REGIILATIONS Citv Regulations Brooklyn Park No more than two renters per dwelling as an accessory use. Columbia Heights Coon Rapids Fridley Hopkins Minnetonka New Brighton Richfield Spring Lake Park St. Louis Park White Bear Lake Majority of the city is zoned R-2, Two Family Dwelling. Mother-in-law apartments are permitted in R-2 zone only. Special use permit subject to specific standards. No more than two renters per single family dwelling. No more than two renters as an accessory use. "Accessory apartments" are conditional uses in R-1 districts. No more than two renters, but must share one permanent kitchen. If two kitchens are in place, one must be removed. Duplex permitted as special use permit in R-1 district. Special use permit required to rent a room. No more than two renters; must share kitchen and cooking facilities. Permits as conditional use permit for elderly persons and handicapped individuals only. 1R MOTION by Ms. Sherek, hearing. IIPON A VOICE VOTE, ALL THE MOTION CARRIED AND by Mr. Saba, to close the public 'ING AYE� CHAIRPERSON BETZOLD DECLARED PtTBLIC HEARING CLOSED AT 8:10 P.M. Mr. Dahlberg stated that i� petitioner's attorney agree harmless and indemnification liability, that seems to situation. He stated he t stipulation #1 to include tY MOTION by Ms. Sherek, secon City Counail approval of sp and Christine Hansen, per Se Code, to allow an accessory Fringe) on Lot 13, Block � generally located at 230 � following stipulations: the petitioner is willing and if the that it makes sense to execute a hold agreement to release the City from any e the most appropriate for this i ught it was appropriate to change � and to omit stipulation #2. le by Mr. Dahlberg, to recommend to �ci 1 use permit, SP #90-17, by Lynn ;ti n 205.24.05.B of the Fridley City �uil ing in the CRP-2 District (Flood , R ce Creek Plaza North Addition, ice reek Boulevard N.E., with the 1. The petitioner shall execute hold harmless and indemnification agreemen to release the City of any liability or damage to t e accessory building or its contents prior to the issu nce of a building permit. 2. Any materials, which include � fertilizers, etc., that wo hazard when released into the accessory building. UPON A VOICE VOTE, ALL VOTING AYB, THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to 5, 1990. ine, oil, insecticides, pose an environmental :r are prohibited in the BETZOLD DECLARED ty Council on November Mr. Dahlberg asked that staff submit the rew itten stipulations as well as the hold harmless and indemnificati n agreements to the petitioner so that they can be reviewed y the petitioner's attorney before the Council meeting. 3. PUBLIC HEARING: CONSIDERATION OF AN ORDINANCE AMENDMENT REGARDTNG MOTHER-IN-LAW APARTMENTS MOTION by Mr. Kondrick, seconded by Ms. Sherek, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:17 P.M. Ms. Dacy stated that about 1 1/2 years ago, the City Council brought to staff's attention their concern about seeing a number 1S PLANNING COMMISSION MEETING, OCTOBER 24, 1990 PAGE 9 of advertisements for "apartment units" for rent in local newspapers as well as the Minneapolis Star Tribune. A number of these situations occurred in single family zoned areas. What the general planning world has called a"mother-in-law" apartment, means "an area of a single family home where a living area exists, a bedroom, bath, kitchen, which is used for a blood related individual". Unfortunately, after the mother-in-law leaves, sometimes these types of areas within homes have either been rented out to individuals not related, or more improvements to the home have been made which has separated that living area more from the main living area of the home. Ms. Dacy stated that also during the last 1 1/2 years, the Council has asked staff to analyze the City's licensing procedure for rental units. Until just recently, staff has determined that rental licenses have been issued to persons owning single family property for rental of a portion of their homes which are, in fact, zoned for single family use. The City was actually authorizing a two family dwelling/duplex in a single family zone. Until recently, the Fire Department was responsible for issuing the licenses, and there were no zoning checks by the Community Development Department. That procedure has since been amended. Ms. Dacy stated that through a review of past files, staff has determined about 10 situations in the City where the City has consistently for 3-4 years issued a rental license to create another unit within a single family home within a single family zoned district. Ms. Dacy stated the purpose of the proposed ordinance amendment is to strengthen the City's existing policies regarding this type of situation. Right now, a"mother-in-law" apartment is not permitted; that is, they cannot have a two family dwelling in a single family area. The ordinance amendment proposes additional language to say that a part of a living area cannot be rented to any other individual. It does not discriminate between blood related individual or a non-related individual. Ms. Dacy reviewed the existing code provisions: 1. Guest rooms may be rented to no more than two persons, providsd that no kitchen facilities are provided. This is a permitted accessory use in the R-1 district. 2. The definition of a"family" permits up to five unrelated individuals within a single family home, and an unlimited number of persons related by blood or marriage. For example, they could have three students and two nurses living in a single family home renting as one unit. In that case, that would be an absentee landlord. 1T PLANNING COMMISSION MEETING. OCTOBER 24, 1990 PAGE 10 3. The City has currently been enforcing its informal "door" policy. They have required that one of the doors separating two living areas must be removed. By removing the door, free access is provided between the two living areas; therefore, an argument cannot made that the door provides separation between the two areas. 4. There are existing single family homes in the City which have two kitchens but are not renting rooms. 5. Early in the 1970's, the City did allow those structures to be constructed under a special use permit. This ordinance amendment would not affect those homes. However, for those units that have been issued a rental license to operate more or less as a two family unit or a duplex, there is a section in the proposed ordinance which would require the amortization of that use within three years. Ms. Dacy stated the proposed ordinance language amends the definition of a one family and two family dwelling. In the permitted use section, it states that they cannot rent any part or portions of a unit to any other member. Again, it does not distinguish between blood relation or non-related individual. And, finally, it does provide for an amortization schedule of three years to have the use revert back to the single family use. Ms. Dacy stated that if the Planning Commission chooses to recommend approval of this zoning ordinance amendment, it would go to the City Council for another public hearing on November 19, 1990. Mr. Betzold asked if there have been complaints from citizens about abuses of too many people living in single family homes in R-1 districts. Ms. Dacy stated, yes, the City's Code Enforcement Officer handles about 3-5 different complaints per year of this nature. Mr. Tay Kersey stated he represents Rodney Billman who owns rental property on 7th Street in Fridley which falls under this category. Mr. Kersey stated it is difficult to come and "argue" against a proposed ordinance that strengthens an existing ordinance and that clarifies that renting another unit in a single family dwelling is an illegal activity. Their particular property was granted building permits that essentially said this type of use was o.k. They have tried to conform with the City whenever asked by the City. They have removed the doors so that one person has total access to the building. 1U PLANNING COMMISSION MEBTING, OCTOBER 24, 1990 PAGE 11 Mr. Kersey 5 complaints there are with. stated that to write a new ordinance because of 3- a year seemed to be stretching the point. Certainly more important issues in the City that should be dealt Mr. Kersey stated a question he had was whether they would be "grandfathered in" so to speak and that this ordinance amendment would not apply to them. Staff has made it clear they would have three years to comply, but he questioned the legality of that when they were granted licenses to build the units and they have been licensed by the City for a number of years to operate as two family dwellings. Mr. Betzold asked Mr. Kersey to address specifically how this ordinance amendment would affect his rental property. Mr. Kersey stated they are forced to comply with the ordinance if it is amended, it would mean that they would suddenly have either 4 or 5 bedroom units they would have to rent either to one family or to five single individuals. He believed they would have to remove one of the kitchens. Mr. Kersey stated one of the main questions of this whole thing is: What is a family? The City of Fridley says five unrelated individuals. Then he wondered about the situation where there are two broth�rs and three other persons. Is that five, or does that suddenly become 4, in essence, because two are related? Mr. Kersey handed out an article from the Minneapolis Star Tribune dated October 19, 1990, re: "Minnetonka rejects plan to limit the definition of a family." Minnetonka wrestled with this problem and finally just threw it out because they cannot come up with a definition for a"family". He would ask that the Commission wrestle with this problem also. Mr. Kersey stated it is not unusual for Hmong families to have many related individuals living in the home. Mr. Kersey stated he would conclude with one of the statements made by one of the Minnetonka Councilmembers: "It is easy to write an ordinance or write a definition of family. It only gets difficult if you ever have to use it." He sees problems with the enforcement of this type of ordinance, and he would speak against trying to change an existing ordinance or strengthening an existing ordinance to the point where it is going to create more problems, particularly along the lines of the definition of a family. Ms. Sherek asked if it is possible to rezone some of these single family homes that are being used as multiple family dwellings so that they become conforming. 1V PLANNING COMMISSION MEETING. OCTOBER 24, 1990 PAGE 12 Ms. Dacy stated that is an option. The advantage the 7th Street location has is that it backs up to the Village Green complex and another multiple family complex, so that might be a possibility. If there is a duplex in the middle of a R-1 area, then that is probably not an option. Mr. Kersey stated that regarding the rezoning issue, it is unusual to have the high rise across the holding pond and then not have a buffer to the single family units. He would welcome any consideration in this regard. Mr. Betzold stated it is something Mr. Kersey might want to pursue with City staff. Mr. Robert Lange, 189 Logan Parkway, stated he lives near a house that has been oacupied by more than one family for many years, and he has not complained. He had a question about the definition of rent. Does rent include any kind of in-kind expenses or forgiving of liabilities, rather than monetary reimbursement? Mr. Betzold stated Mr. Lange had a good point. Ms. Dacy stated that up until this point in time, she thought it was the Council's intent that it was the typical rent check, and the point raised by Mr. Lange is one of the issues that will have to be addressed in the enforcement of this ordinance. The other issue is: What happens if the persons renting the home share all the expenses? It would be up to the City to prove that the person is paying rent and living under some type of arrangement. Mr. Betzold asked Mr. Lange what he saw as problems as a result of non-family members living in a single family house. Mr. Lange stated it affects the property values of other single family homes in the neighborhood. There is more garbage and more traffic. There are five vehicles for one house instead of the typical two or three. Mr. Roger Stene, 870 Pandora Drive, stated he has a mother-in-law apartment in his home. Presently his mentally ill son occupies this space. He stated this proposed ordinance amendment will have a great impact on his situation. He stated his son has tried other living arrangements--group homes, board and care, Village Green, etc. Mr. Stene stated that after seeing these undesirable living conditions, they signed up for Section 8 housing. However, they found out that most of the Section 8 housing that is available is designed for a 2 bedroom situation, primarily for a single parent with children. The amount of subsidized housing for single males is very limited. So, they approached the Section 8 housing people and asked about putting a mother-in-law apartment in his home. In 1W PLANNING COMMISSION MLETING, OCTOBBR 24, 1990 PAGE 13 order to do that, he had to make some changes to the home. Because of his son's paranoia which is part of his illness and fear as the result of abuse and being beaten up several times, he also made the house secure with bars on the basement windows. Mr. Stene stated he has done many things to make this apartment comfortable for his son. His son is very happy living there; and as a result, he requires little medication compared to what he was on when he was in other living situations. Mr. Stene stated his son has to live in a separate apartment. If he lives with his father, his social security is cut in half. In order to qualify for the work program at RISE, he must pay rent. Ms. Dacy stated that Mr. Stene is in compliance with the ordinance now, because he is renting to a blood-related individual. However, under the new ordinance, he would not be allowed to rent to his son. Mr. Stene stated his home has been used as a model by Section 8 as an ideal living arrangement for him and his son's type of situation. He stated he does not consider his apartment situation a detriment to the neighborhood. They keep the property up nicely, and there is no extra traffic or cars. Mr. Stene stated that if this ordinance is amended, he would like to see some type of conditional permit for him and other people in similar circumstances. Mr. Betzold stated Mr. Stene and his son's situation is very interesting. He stated this type of situation certainly merits some serious consideration. He told Mr. Stene that his son was very fortunate to have such family involvement. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9:05 P.M. Ms . Sherek stated that when elderly adults have their home occupied by another individual, whether family member or not, and are receiving medical assistance from the State of Minnesota, often they are required to be compensated for the space being occupied in their home. This ordinance amendment would prohibit that. Since it has always been the intent of the City Council to assist people to stay in their homes, this amendment seems to be counterproductive. Ms. Sherek stated a window should be left open when these types of situations exist, and maybe the answer is a special use permit. 1X PLANNING COMMISSION MEETING, OCTOBER 24, 1990 PAGE 14 Ms. Dacy stated the other option is that if the ordinance is created to permit mother-in-law apartments by special use permits, there are standards that can be imposed such as: (1) The unit be owner-occupied; (2) Some type of restriction be recorded at the County that the special use permit is for a specific type of situation; (3) Standards could be put on the special use permit that would regulate any exterior improvements to the house, limit the number of cars, etc. Ms. Dacy stated that at this time, the Commission has two options: 1. They can act on the Mother-in-Law Zoning Ordinance Amendment and send a recommendation to the City Council. 2. If the Commission is not happy with the ordinance amendment, they can recommend that staff rework the ordinance amendment. Ms. Sherek stated she is more comfortable with option #2. She stated she does not like the ordinance amendment. The idea of one family has certainly changed drastically and continues to change. Many older single adults who choose to remain in their home as they grow older are going to need someone living with them. There has to be a window that would permit the non- traditional types of uses. Mr. Betzold stated he is troubled with this whole thing. As far as not being able to rent to any person, he coulc� see people finding a way to get around that. Maybe as long as they have the special use permit option, that won't be as much of a danger. Ms. Modig stated she saw trouble enforcing this kind of ordinance. It is going to be enforced the way it is today through the 3-4 complaints the City receives per year, and those are the people who are not going to adhere to the ordinance anyway. Mr. Dahlberg stated people just won't indicate that they are renting a portion of their home either to a son/daughter, elderly parent, whatever. Mr. Betzold asked what they can do about the situation presented earlier by Mr. Kersey where buildings were built as duplexes, and it will be very difficult to rent or sell those buildings if this ordinance amendment is passed. Ms. Dacy stated that in the split level example where there are three college students on the first level and two nurses on the bottom level, right now the owner receives two rent checks, but if in the future the owner receives one rent check from all five individuals, it would be up to the City to prove that they are not. The property owner has the right to rent out his building. 1Y � PLANNING COMMISSION MEETING, OCTOBER 24. 1990 PAGE 15 Ms. Sherek stated that in this example, it sounds like the City would rather have a property owner rent to five individuals who will be coming and going with multiple vehicles than they would to have the owner rent to families with one child each. That does not make sense, and this ordinance does not make any sense. Mr. Saba stated he liked the concept of a mother-in-law ordinance that can be enforced, but he did not think this is an enforceable ordinance. However, he did have a problem with single family homes degrading into multiple family rental units. He would like to see staff rewrite the ordinance. Ms. Dacy stated staff has done a lot of research, and she thought staff could come back with a revision at the next meeting. MOTION by discussion apartments meeting. Mr. Kondrick, seconded by Mr. Saba, to table further on the ordinance amendment regarding mother-in-law and request staff to bring back a revision at another IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Betzold stated he would like to see more publicity in the newspaper on this subject, and that the people at this meeting be invited to back when this subject is discussed again. 4. PUBLIC HEARING: CONSID] LANDSCAPE RE4UIREMENTS: MOTION by Mr. Dahlberg, public hearing. UPON A VOICE VOTEi ALL VOTING THE MOTION CARRIED AND THB PIIB: by Mr. Kondrick, to open the :� CHAIRPERSON BETZOLD DECLARED HEARING OPEN AT 9:22 P.M. Ms. McPherson stated staff has een working on the proposed landscape ordinance requirements f r about a year. They are now in the process of hoping to adopt e ordinance amendments. The purpose of the amendment is not to 'nclude something new in the ordinance; it is to make the existing requirements fairly explicit to aid staff in evaluating site pl ns, landscape plans, on a consistent, fair, and equitable manner It will also provide some assistance to those staff inembers who not have training in the landscape architecture to evaluate the andscape plans that come to the City. In addition, the Commissio may be aware that it has been the Community Development Depar ent's policy to hire landscape interns to do work over the ummer to help evaluate landscape plans and, in some cases, to a tually design plans to meet the ordinance requirements. As t ere are no specific requirements in the current ordinance, th requirements of the 1Z pi•�INa COMMI68ION KBBTINQ. �iOVSMBER 14. 1990 PAQE 4 Sylvan Hills, qenerally located at 6261 Rainbow Drive N.E., with the following Btipulations: 1. The accessory buildinq shall be architecturally consistent with the existing house. 2. The height.of the accessory building shall be limited to 14 feet. IIPON A VOICE VOTE, ]1LL VOTINQ ll7C$, CSAIRPBR80N BET DECLARED THE 140TION Cl1RRIED �NANIKOIISLY. / Ms. McPherson stated both the Bpecial use permit r quest and the variance request will go to City Council on Dec er 10, 1990. 2. BLIC ARING: S O O G V .S. 90-06 GLAC R MPAN • To replat that part of Lots 2 and 3 Auditor's Subdivision No. 78, Anoka County, Minnesota, nerally located north of I-694 and west of Main Street N. O ON by Mr. Rondrick, sec ded by Ms. Savage, to waive the reading of the public hea ng notice and open the public hearing. QPON � VOIC$ VOT$, VOTINQ A7C$, CH�iIRP$RSON HETZOLD DECL�iRED TSE 1SOTI CARRISD I1DiD THE PQBLIC BEARZNQ OPEN !►T 7:45 P.M. Ms. Dacy st ed that since no one was in the audience represent' g the petitioner, the Commission might want to table t's item until later in the meeting. OT by Mr. Rondrick, seconded by Ms. Modig, to table P.S. �9 -06 by Glacier Park Company untii later in the meeting. IIPON !1 VOIC$ VOTE, 71LL VOTING 11YE � CSl�ZRPERSON BETZOLD DECLARED TSE I�IOTION CARRIED IINANIMOIIBLY. 3. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTERS 205 OF THE �'RIDLEY CITY CODE ENTITLED, "ZONING". BY AMENDING SECTIONS 205.03. "DEFINITIONS". AND SECTION 205.07. "R-1. ONE FAMILY DWELLING DISTRICT REGULATIONS" Ms. Dacy stated there have been articles in the Fridley Focus about this ordinance amendment, and staff has received a number of calls reqarding this issue. Ms. Dacy stated this ordinance amendment �ras originally brought to the Commission's attention at their October 24, 1990, meeting at the request of the City Council. The City Council is concerned because they have received complaints 1AA �I c • ,� • xt_ : c �� �-_�: - ' � , c - about sinqle family homes that have been converted into "illeqal duplexes"--two dwellinq units in one sinqle family home. The Council fB concerned that this erodfnq the intent of the sinqle family district. Ms. Dacy stated the current ordinance does prevent the creation of a second unit within a sinqle family home. It does permit the rental of a quest room for up to two people- -the difference being that a guest room is defined as not having a kitchen. Ms. Dacy stated the Council felt that because of the violations that have been occurrinq in the City, the current ordinance is not etrong enough. So, the proposed amendment would still permit quest rooms, but no other portion of a dwelling could be rented to a person(s). Based on the advice of the City Attorney, there could not be a discrimination between a related individual and an unrelated individual. Ms. Dacy stated that at the October 24 Planning Commission meeting, a number of individuals testified regarding different situations which the proposed amendment would prevent. These situations were: 1. Where an elderly person would rent out part of the home to an individual in arder to be eliqible for state assistance. 2. Where a rental situation exists for a family member who must, in order to participate in other social service proqrams, be payinq rent. 3. The split level homes constructed on the west side of 7th Street in the Alice Wall Addition. Ms. Dacy stated that based on the Commission's direction at that meeting, staff tried to determine ways to permit some of these naturally occurrinq incidences but still try to get at the Council's intent of trying to prevent some of the nuisances. She stated that it is not easy. Ms. Dacy stated that the staff's analysis included evaluating and comparinq existing situations within the City (chart was included in the agenda packet): 1. A typical single family home with the rental of quest rooms as now permitted. 2. The experience of the split level homes�in the Alice Wall Addition on the west side of 7th STreet. � w � L��� 14. 1990 PAdE_6 PLANNIN�i COM�+II88ION K88'1'ZNd. NOVBr�� 3� the October824ua1990,eP1anninqeCommission meetinqt 4. An elderly person livinq in a sinqle family home wanting to rent out a portion of the home for a person to assist them, or an elderly person who wants to live with their adult children. 5. Homes which we have issued rental licenses to, including 541 - 53 1/2 Avenue, 7430 Able Street, 4042 Main Street, 6070 Central, and 6428-30 Dellwood Drive. Ms. Dacy stated that if it is the intent of the City council to prohibit the creation of two units in one structure/ create a duplex, thereby erodinq the intent of the single family neighborhood, then they must create performance standards to ensure the "accessory nature" of these living areas. Therefore, the followinq standards should be imposed as part of a rental license for an "accessory apartment": 1. Require owner-occupancy of the structure. 2. Limit the size of the livinq area of the accessory apartment so that it is clearly subordinate. 3. Requlate outdoor impacts, i.e., a separate entrance into the accessory apartment can only be created at the side or rear of the home and that there shall be no substantial exterior architectural changes to the single family home such that the home appears to be a two family dwellinq. 4. One accessory apartment shall be permitted per single family dwelling. 5. The accessory apartment must meet the Uniform Buildinq Code and Uniform Fire Code. Ms. Dacy stated staff believes these requirements will regulate and keep out the types of situations they believe the Council is trying to prevent. They do not believe they will get a lot of applications at this point in time and believe they have the staff on hand to handle a license application procedure. In the long term, they do expect that these types of license requests would increase given the demographics of this society and might help them catch those situations that are illeqal. It seemed that the oriqinal ordinance would prevent livinq situations that the City Council had intended to affect. 1CC yW� ' \� • + pLANNINQ CO1rIIrII88ION KE$TIN�i. NOVEMBBR 14. 1990 PP1aB 7 Ms. Dacy stated staff is recommendinq that the Commission endorse the concept of permittinq a mother-in-law/accessory apartment as an accessory use in the R-1, Sinqle Family District, eubject to receivinq a license. Incorporated into the ordinance and prior to the issuance of a license would be the followinq standards: 1. 2. 3. The owner of the sinqle family home must occupy the dwellinq. One accessory apartment per sinqle family dwellinq. The secondary livinq area must comply with building and fire codes. 4. A separate entrance to the apartment must be located on the side or rear of the house to maintain the sinqle family appearance; exterior stairways shall not be added to single family structures unless required by the Uniform Fire Code. 5. There shall be no substantial exterior architectural chanqes to the single family home such that the home appears to be a two family dweliinq. � 6. Establish a minimum size of the apartment such that it is clearly subordinate to the principal use of the single family home. Mr. Saba asked how they are qoinq to address the current violations--the homes that have already been modified for two families. Ms. Dacy stated staff is still discussing the issue of the 7th Street homes, which is different from the other situations looked at by staff, but they would still have a three year amortization period for the other violation situations. Mr. Betzold asked if the license process would be difficult enough to discourage rentinq. � Ms. Dacy stated that is the reason for the requirement for owner-occupancy. If the owner of a property is required to live in the home, that owner has a vested interest in seeing what happens on his/her property. If the owner is affected by a"bad tenant", then the owner ia qoing to take more of a direct interest in the property than the absentee landlord. 1DD � �� R � *� �..,�.�.. MWTOQTAV v�4mrvrt _ tJnvRl�tRR�! ia _ 199A PA�iE 8 ��Y'Y�l�1i�V �►Vi7i'a1oViVa� aaai�is• What is ironic is that the houses on 7th Street are more towards a duplex than any other situation with an absentee landlord, yet the City has had no complaints or any probiems from that neighborhood. So, there are a lot of these situations that exist in single family areas without any problems. Mr. Jack Kirkham, 43'0 - 67th Avenue, stated he and his wife, Corine, would like to present to the Commission a letter dated November 12, 1990, addressed to Barb Dacy and the Planning Commission. He read this letter to the_Commission. He stated this letter addressed the article they read in the Fridley Focus about the proposed ordinance. Their letter stated their opposition to the proposed ordinance which would prohibit the rentinq of any portion of a single family home to blood relatives. OT ON by Mr. Rondrick, seconded by Ms. Sherek, to receive into the record the letter from Jack and Corine Rirkham dated November 12, 1990. OPON A VOICE VOTE, lILL VOTING AYE� CBAIRPERSON BETZOLD DECLARED THE ![OTION Cl�RRIED �PtANIMOIIBLY. Mr. Betzold asked Mr. Rirkham how he felt about the person who wishes to rent out a portion of his/her house, not to take care of an aqing relative or a child who suffers from mental illness, but to gain the extra income, and the neighbors are now complaining that it is changing the character of a single family neiqhborhood, creating more traffic, etc. Mr. Kirkham stated that was a hard question to respond to, because that type of situation did not bother him. He cited the example of a divorcee on a limited income who must rent out the basement in order to stay in her home. There is another family in the same neighborhood, with 2 adults and two grown children. They have 6 vehicles and a single car garage, but he did not know of anyone who has complained about it. He stated it is hard for him to respond to people who are upset about other people who wish to have someone else live in their home. Mr. Rirkham stated he did not see how licensing would resolve this issue. For example, if his neiqhbor converted his basement to living space with a kitchen, etc., and he complained about this situation, the neighbor could then go to the City and obtain a license. Then his complaint would no longer be legal and nothing would be resolved. Ms. Dacy stated they have to start somewhere to control what is appropriate and what is not appropriate. What they are 1EE P � pLANNING COlrIIdIBBION ltEETING. �OV8K88R 14. 1990 p�a$ 9 ; tryinq to avoid with the proposed Btandards is an absentee J landlord situation where a two story house fs beinq rented � to two families. Kr. Saba stated the real2y qray area seems to be the definition of a single family home and the definition of a duplex. Maybe they need to just enforce the zoninq code. It is important to protect the inteqrity of the R-1 zoning. The other thinq he saw of value is the owner-occupancy standard. Ms. Sherek stated the City should never qet into the position of leqislating who can live in a building in terms of: Can five unrelated individuals live in a building or not? She did not think a license procedure is appropriate. She did not see a problem with 3-5 complaints per year. Ms. Modig stated ehe believed they should leave the ordinance as it is now and not make any changes. Mr. Dahlberg stated that in a situation where they have several people living in a building, they need to be concerned about the life safety issues. A lot of these types of arranqements do r►ot meet the life safety requirements. What percentaqe of people who remodel their homes ever come in and apply for building permit? Ms. Dacy stated they have only been able to catch this type of situation when some of the rental areas are for Section 8 clients, because HUD requires certain size eqress windows, etc. Pat Wolfe, the staff person who works with Section 8, has said that some of these units could occur without her kriowledqe, and it could be a very danqerous situation. Mr. Betzold stated he is not opposed to any of the standards recommended by staff. They seem to be gettinq hung up more over the licensing issue than they are on the standards presented by staff. Ms. Dacy stated the issue they are discussing is not so much the standards as the level of control. Mr. Rirkham stated it seemed to him that the timing is not good for this proposed ordinance chanqe. All the socioloqists are reminding them of the good old days when they had extended families where people took care of their own, and they didn't have to have so many nursinq homes, state homes, etc. Sociologists are recommending that people qet back to those qood old days. The state and federal qovernments are faced with buildinq and maintaininq more and more facilities to take care of those people who cannot take care of themselves. This proposed ordinance would make it 1FF n c �y� �1 • �1. _ � �� � :, s I : _ � � - � much more�restrictive and would discourage people from trying to take care of their own. Mr. Kirkham stated he also thought the licensinq procedure fs nat qood because it puts the emphasis and burden on the homeowner. He resented the additional qovernmental restrictions and would resent having to qo and ask for a license just to take: care of his own family. Maybe the people who need the license are the people who are trying to make a profit by rentinq out part of their home. � Mr. Dahlberq stated he disagreed. If they are qoing to require a license in one instance, then they should require that a license is necessary in every instance. Ms. Sherek stated she aqreed with Mr. Kfrkham in that she is flatly opposed to havinq to qet a license to have a relative live in her home at any time under any circumstance. It is nobody else�s business if eomeone lives in the basement of her home. If the home is unsafe, then that is her problem. Ms. Modiq stated there is also the situation of having older children living in your home. Would she need a license to allow her own children to live in her home? She would definitely be opposed to that. Mr. Betzold stated he still thouqht the present code needed a little more clarification to provide a little more enforcement. Mr. Saba stated they should be able to have the ability to require the licensinq procedure for the renting to non- related individuals only. Mr. Dahlberg stated that is discrimination. Ms. Sherek stated they are already discriminating, because right now they do not limit the number of related individuals living in a home but they do limit the number of unrelated individuals to five. Mr. Dahlberg stated he disaqreed. Just by virtue of saying a person has to come in for a license if the person is unrelated is discriminatory, because they are not saying the person who is related has to come in for a license. If they are going to require a license, then they have to require it of everyone. Ms. Savage stated what is leqally discriminatory is what the courts say is leqally discriminatory. � 1 GG PL�I�NINa COldMIBBION lI88TINQ. 'iOV81'�$R 14. 1990 ��GE 11 4. Ms. Corine Kirkham etated that Jack's mom lived in their home in the "mother-in-law apartment" for several years. If ehe had not been related, they would not have allowed anyone else to live in their home. Their adult children have also made use of this apartment. If these people had not been related, they would not have felt obligated to share their living quarters. She.did not think they can say it is discrimination. If it is family, you help them out. She stated renting to related people i6 very different from rentinq to unrelated people. Mr. Saba stated that maybe they need an opinion from the City Attorney as to whether it would be discriminatory to require a license for unrelated individuals only. Ms. Modig aqreed they need a leqal opinion, but she had a real problem with the whole licensing procedure. Mr. Betzold asked if the Commission had any problems with the six recommendations made by staff. Ms. Sherek recommended that along with item �6, they include a maximum size of 35$ or 800-900 sq. ft.--something to indicate that there is definitely a smaller self-contained unit within a larqer home. Mr. Betzold stated if there is a hardship by holding to a certain percentage, that can be addressed through the variance process. He believed they should have a maximum size, and he would go along with 35�. Ms. Dacy stated that based on the plans she has worked on, she would feel more comfortable with 40$. Mr. Betzold asked staff to qet a leqal opinion from the City Attorney on licensing for unrelated individuals versus related individuals and to draft an ordinance for the next Planning Commission meeting. PUBLIC HEARING• CONSIDERATION OF A REGISTERED T�ND SURVEY.___ P.S �90 06 BY GLACIER PARK COMPANY: To replat that part of Lots 2 and 3, Auditor's division No. 78, Anoka County, l�tinnesota, generall ocated north of I-694 and west of Main Street N.E. O� TION by Ms. Sherek, item from the table. Ms. Modig, to remove this IIPON A VOIC$ $, 7►LL VOTING AYE, CHAIRPBR80�T BBTZOLD DECLARED 1�IOTION CARRIED IINl�NIMOOSLY. 1HH r � � J Community Development Department PL,ANNING DIVISION City of Fridley DATE: April 12, 1991 � �,,, . TO: William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Registered Land Survey, P.S. #91-02, by Steven Bruns for Midwest Super Stop Attached please find the above-referenced staff report. The City Council set the public hearing date for the request for April 22, 1991. Staff recommends that the City Council hold the public hearing. A resolution approving the plat will appear later in the agenda. MM/ dn M-91-272 I, � � � �► STAFF REPORT APPEALS DATE Ci�OF PLANNING COMMISSION DATE : March 27, 1991 FRtDLEY CITI( CO�CIL �/�� : April 8, 1991 AuTHOA M��d� REQI�EST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCAfiION S1�'� �flATA S�ZE DENSlTY PRESENT �ONING ADJAC�NT LAND USES 8� ZONING U�(fIE$ PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WlTH ADJACENT USES & ZONING ENVIRONMENTAL CONStDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSiON RECOMMENDATION P.S. ��91-02 Steve Bruns for Midwest Super Stop To subdivide and clarify L.S. 4�87-03 8100 East River Road N.E. 22,058 square feet C-1, Local Business C-1, Local Business to the North; R-1, Single Family Dwelling to the West; PUD, Planned Unit Development to the East. Yes Yes Approval Approval � i- � ►� ` P.S. #91-02 Steve Bruns CITY OF � , cooN RaPios- . � .- -- --„�,.��_---- , .,' �::... ---•-��so.:,•...._ � _ ;i -�`�..:o .,•---- I � ---- __ �i6���• E/i.19� -' ' � .�.a r 6� _'� '�'_'_ "�"�_ . ` ��j C��Y �• � � , '!�+ t�ial ,� OF � , i � � � �.��: ,� RI�LEY � �, ��' �-y '��`� ; E V. <� : Q : �: uo� c�va....e,; � c ,y..e � v.►... � . . y� � � s GY�� L �e• . : fiM �klf � , 2 7l � �1 9. /IS p J ��� �� :��� r%9�i. 'Sc.: '` � Os � P�'�►// t". � �' � l'i �; � 2 r?�i! � � C.(A�►;. � � � .,,%� �A V ' � Gl '' � A yPj "' '"b' • 36 % � u - r.r.._ 6 � �,) "'"' .�. �r IROy,T�N �F��"��'��� �� � r. �,�-��, � � � � � � r _�.�A@�i� � �� (� ) �� �' q + 4 � � 7 i S Il °i 1 � 0 � . uo `�� �� ,,,,,�5 ►.. g�a .� . � —v � y.v c. es. -� �s.e �vi� � z��-� ��.,.� z CN 1�l� tj = w> ',! ,g .n�;, � ti .•; � � I� � a� .3� �w \' /�O e� ...619 �9, � �� � �- i ��u � , :�"'� ,acE I � -� -- - .$�� . 1 �� aly`` �� �.' `f IY-I N'N✓ • ^ A+• �� 8 �•6 1 ��J ) - . g13J'(r) ; i a. 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C (ew,f h� -• Hf� � �� , .A�neiiten :;; �� la�iJ ' Y� J�� 't � • r 1 � � {7% ' � n �] s. - • • � �t �j� - � •. i.B07/ � � t $�oo „ � ao4, e:�� � . �, aa ��u_ � --- r:r _ ev��.r�", 2B 2� LOCATION MAP � P.S. ��91-02 Steve Bruns � � , , � • , , i ! crTY . . � Tt/OMOSIDA�' RiVERV/EW D � HEK'sHTS �0 ��� � oF � � � � �0�3 � � � .�; .�.� � � f �� � � � � :.�';;; � �� , ` �� � ��„�. � w :� � P �' �.r � 'F ; jo�s, 5�. _. / (A � � � IRON70N , � RE ET � 12� % C� SJ� , M R� �: �� r 6 J � t�' Q Q SPRIt�, i • aos � : °` �' BPROOfC ► h � ; } r `�'R ' �'' . � �W Y i. � 1 N ; B � s c. .. � � T ♦, ♦ � , ��,i `_ � P�K C � a � � �4 •) . i c . > 15 � b � � l : " � � � � R� � ' t N E � , ' . ' , � ,�`f�� ►- A i ♦ �..� 'Wi J i � �. . � . �. , . K . � � . i • R � �. � i� v��►•s s 1� s� s � � v � 0 L" �•y lY f /� � i � : 1i . / � � � ` � � � * �� � � � � �a P � . ` ; ; � ` � I.IBERTY '� � � ,�� �, 7 S� � _ � � , �, x e I � �� � �, LONGF LIOW ! � \` '`. �� � Y� '� , �� y � . ���� � z . ,., . . ..� . � � , . . . ., .•.. . , � _. , � , �. . . R i V E R � � '� i. �`."' • � � � . . . � NEIGHTW \�,r : �` `CR��-�,� 1 �+,j ; •� � ae � ��.� ��� `� � 4' d f'�' R � � ; • • 1 � l �!' � . � '� QF. t • ` , ; �����• • � l � }�► , � ��s1 ,,��V • � �������� � �+�i1►� fi • � q� � ti �, � � � j I ��� i'�`� , s � • � �� � � � 1 / S' + � � ; : '.'� � �„ e { . � `� ♦ • • �� � , � ,� • 1 A � , �' �\\ � � `t , � �0' , 1 . ,•� t` , , i �� .' �i •• ; '' 4..� f•: . � •. 0 1 . � � _ dri� _ � � � . �i 2C ZONING MAP Staff Report P.S. #91-02, Steve Bruns Page 2 Request The petitioner is requesting that a Registered Lan approved by the City Council in order to allow a lot was processed in 1987 to be recorded at Anoka County. is for 8100 East River Road N.E. Site d Survey be split which The request Located on the property is a gas station/convenience store (Midwest Super Stop) and is located at the southwest corner of Fairmont Street and East River Road. The property is zoned C-1, Local Business, with additional C-1 zoning to the north. The property to the west is zoned R-1, Single Family Dwelling, and PUD, Planned Unit Development zoning is to the east. Analysis In 1987, the City processed a lot split to realign the west property line of the subject parcel with an existing fence that is located to the rear of the gas station (see attached map from 1987 request). After an extension to record the lot split was granted by the City in 1988, the property was sold to the petitioner's client. In attempting to record the legal description at Anoka County, the County refused to record the document and requested that the petitioner process a Registered Land Survey to clarify the legal descriptions of the parcel. The proposed Registered Land Survey will create four parcels; Tracts A, B, C, and D. Tract D should be dedicated to Anoka County as right-of-way for East River Road, Tracts A and B are for the gas station, and Tract C should be deeded to the property owner to the west. It should be noted that the lower portion of the triangle which was originally split in 1987 is abstract property and has been recorded, while Tract C is considered torrens property and will be deeded once the Registered Land Survey is completed. The property will meet the minimum lot area requirements for the C-1, Local Business district regulations. Several of the stipulations are outstanding from the 1987 approval, and should be applied to the request (see letter dated July 16, 1990). Recommendation Staff recommends that the Planning Commission recommend approval of the Registered Land Survey to the City Council with the following stipulations: 1. Complete curbing along the south side of the parking lot. 2D Staff Report P.S. #91-02, Steve Bruns Page 3 2. Construct a masonry dumpster enclosure with a chain link fence gate with vinyl slats. 3. Dedicate Tract D to Anoka County as right-of-way for East River Road. 4. Combine Tract A and B for tax purposes. 5. Deed Tract C to the property owner to the west. 6. Record a 17 foot street, utility, and bikeway/walkway easement previously dedicated to the City. Planning Commission Action The Planning Commission voted unamimously to recommend approval of the request as presented to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 2E �EC� I S TER� D �ati�o CI T Y OF F�?!D L E Y , , � aCnc�ts iron r.�cncime��' st'. • p'Qno!es irnn m�.�umen,� ;�';,�nc�� rh[ Oricn�p�ion cr �SiS �'PA'�i�� S✓S''tm �S bas�d on �tie fou,!ti /in� n j f�e sEr � n;"!Se �l'l�b'1,'�!- o� ,ftCli^n 3� H�p..�^� �.2� i,'av�n1 an assumed he��•%n� �;'' E��s',`. SCa/¢ in Fie f � -- f5 `�� -- — _ cc �r -- --- -�--� .�'ca� = 1 i�ch . 30 �Q� �� � � ✓; .. . . ` /� ` .. � ` �J . � � . " v� . �; , � � � �; � � , � .. , . . - �r �� , . . ' /, -r' �� � T' n �. �, � P.S. �691-02 Steve Bruns SU� �'E �' NO. COUNT Y OF ANOKq ,i 3 3 1 � _, � 0 �� c� ' �� �� 1� 33 ` ^' % Cr� � ` C� . s� 1 (c, , ,. 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' SITE PLAN •' • , CI'A'Y OF' FRIDLEY ` 6431 I�IIVIIiSITY AVII�IJE N.E. FRIDIESC� 1�1 55432 (612j 571-3450 •� n in �� h �_a�c_ .,� ii u� �_:.� _ K�n.a1 ......_... ...r.r.r.,..r.r..._.. PT�AT APPT�IC��IOId F� ....��.,..,...�.r.�...�....�._.,.�.�.......�,.r.r ,,,�,,, PliOPEttTY II�DI�TI�1 - site plan required for sul�mittals: see attadied �re�; 81 fl� Ea_st River Roa.d, Fridley, MN � I�gal desc�.lption; See attached 1 Iat B1oc,Jc TractlAtk�iti:ca� Tract A - 6103 -Tract C - C�urerit zorwx�: �- � Square foatag%� T r a c t B- 15 7 7 6 Reason for plat: Registered Land Survey required by Anoka County Regi_strar of Titles FEE O�F7I�R II�10R'N�TI�TT . _- (�ntract Purci�asers: Fee Ownexs must sign this fona prior to processir�gj �ME Donald. M, and Patricia A. Kisch A,p� 9855 Revere Lane North Maple Grove, MN 55369 �,. �,� � y a y-���� Sz� SIGNATURE •; ia�• � i • •� r• •� � � ��-�f DATE o� - �� 9� � Steven H. Bruns, attorney for fee owner � 1900 S�1ver Lake Road, Suite 202 ���r.�►. � 1: New Br_ighton, MN 55112 �for 20 lots $ 15.00 for each additional lvt �t P.S. # �' � -aZ Application Y�eoeived by: Scheduled Planning Ocemnissior� date: # Sc�eduled City �il date: � �}�� pgp� 636-15Q0 L]ATE c�-�� %/'�� �� , � � 5� . 2G 1;1 That part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 30, Range 24, Anoka County, Minnesota, lying southerly of t�e south line of Lot 50, Block J, "RIVER VIEW HEIGHTS, Anoka County, Minnesota" and the easterly extension of said south line, westerly of the southerly extension of the center line of EAST RIVER BOULEVARD, as shown on said plat (now known as County State Aid Highway No. 1), and easterly of a line drawn from a point on the east line of Lot 2, Block 1, WAYNE'S FIRST ADDITION distant 1.50 feet south from the northeast corner of said Lot 2 to a point on the south line of said Southeast Quarter of the Northwest Quarter distant 45.00 feet east fro� the southeast corner of said Lot 2. That part of Lot Fifty (50), Block J, Riverview Heights, lying East of a line drawn parallel to and One Hundred Fifty (150) feet East, measured at right angles from the West line of Lot Thirteen (13), Revised Auditor's Subdivision Number One Hundred Three (103), Anoka County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said Anoka County. 2H � � � � _ >.:; C[TYOF FRlDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 July 16, 1990 Bernadette Benson 5716 - 42nd Avenue North Robbinsdale, l�t 55423 Dear Ms. Benson: This is to review the outstanding stipulations that need to be completed as a result of Lot Split, L.S. �87-03, approved by the City Council on June 1, 1987 and the Special Use Permit, SP #84- 16, approved by the City Council on November 5, 1984. As of this date, the following items need to be completed: 1. Recording of the 17 foot road easement along East River Road. We have this easement in our possession; however, we have been unable to record it because we have not been able to obtain the certificate of title from Joyce Gabrelcik. 2. Complete the curbing along the south side of the parking lot. 3. Construct a masonry dumpster enclosure with a chain link fence with vinyl slats. 4. Although all of the landscaping stipulations have been met, some of the landscaping on-site is dead and needs to be replaced. Further, the landscaped rock areas may need to have weeds removed. The parcel is zoned C-1, Local Business District. A car wash is not a permitted use in the C-1 district. A rezoning to C-2, General Business District, would have to be approved as well as a special use permit. Sincerely, Barbara Dacy Planning Coordinator cc: Donna Strusinski BD/dn �' C-90-279 2 � s � _ �' f " L.S. #87-03 ` � _��; ? ' ' Bernadette Bensoai ,� t . :.. • : T � C�RT'X�ic,A�'� �� SURV�Y �- urvey fOr R --.- ._ -. i7. 7'3 8l � � � _ i � . f!Y�4 YNE .s . C � S�' . ' : � A DD. � � LDT Z '�� .� � f. ' ,,S � ��'�h ���0 (� v � 04 � � �. �� ��Q��? � p� � �� o �y ` � h� � ` 9_ (-,.?y� ��r �A/RMonJT" S Nf. co�e ^�� ���oT2 ;� .� � J Q �{" � � v tiw � ` , � a1 � a � ; ,� W n � i� . c� a. �o��j q0� a ��r �� P / MET. � U Tl . '�-�'� S 5. S//EO $CALE l `+ 30' `� N = J'RON M oN..r'NP�c Q r IRON MoN. SET � V .V �7� • /3./ �O T .5"D ,B�OCK T R�v�R Yi� vy H�IGHrs �y . . .� W °° V , h O ��♦ : Q � �� h� �� �`� 21,� � C" ' 1 �� . Q `� � Lor �3 � � REYr6E'O A�uO� ro�2's Q SLLBD/VYS/ON NQ /03 � � '//7;•. �2 �6 , � . 1 1 �' M �� tiN Q� �� 33 �. � r .� � 5° 15 �4 � � �. ; � hal'6Dy certtty tnat tAl� is a true anQ corroct roprosentatton of � �uney ot th� boundutes ct —TH,E FRD/� • i AS^ � �:s�/'�.� Q. �/Y ��f�EE-?�2 �.i�N�, OiC!A�i County. MlnnaOla �nd ot M� locatlon o! at1 bulidlnps thotoon, and a0 vlsible ��croachment�, it any, irom or on saiG tand. Sunoyed by me thls s�_ Qay.ol ����MBE� . 1p �:L-, I��v!.SE� fFS. 5� l 9B6 � '� �''���i�9g7 PAU1. B. SCHOBO • MINN STATE REG NO 'f4T00 : t ► 2 ; : ; { . . . SCHOBORG .i�AND SURVEYING RT. 2� BOX 1�� . . � t.v_ V DEl.ANO,MN. 5532a • • Sf/FET /af2 ���.-.��2� 2� . . fo.m No. tl�M-OUIT CLAIM DEED _ M��+•�• um�urm �unwr...r�o.. 1/Hf.vMu�� IN �o CwOO��twn or Pntnv�nlp No delinquent taxes and transfer entered: Certiti( of Real Estatc Value ( ) tiied ( ) not requL I Certificate ot Real Estate Vilue No. .19 County Auditor by STATE DEED TAX DUE HEREON: S � Date: J�Y 12 . 19 88 FOR VALUABLE CONSlDERATION, Jovce B Gabrelcik Widos NoC Iiat�'i.ed , Grantor (•1. ImxiW s�MU� ' hereby convey (s) and quitctaim (s) to � atY of FYiclleY . ��. : i t�rsicipal.ity under the laws ot ���� • real property in �� County, Minnesota, deacribed as follows: A 17-foat street, utility, arxi bikeway/walkwaY ��+�^t de�r� � follows: Lying within that part adjacent to and 17 feet west of. as measured at right angles to, the c,�est line of East Riv�er Ii�ad as is now 1� �t ��3�� located within that part of Iat 50, Block J, Rivezview Heights lying east of a lire parallel with and 15a feet east of as measured at right arsgles to, the t.est line of �nt 13, Aevised Audibor's Subdivision No. 103 and also located within that part of said Int 13. The City of Fridley hereby accepts tlus easarent for the abwe-mentioned pu�poses• Siurley A. - City Clerk (i1 mon �paa k�wWO. contN�w on Wd�l together with atl hereditaments and appurtenances bebngin�eceto. „�, � . ,�� � ` J . - .....•;n�,1t�i�. J�B. Gabrelcik � STATE OF AflNNESOTA ss. COUNTY OF n� a Thc foregoing instrument waa uknowledged before me thu �LC day ot < <� ,1���, �y �: . - b G 4Kiltrc.Li� CJ� J'.-��i ti'�/� 2c+'n�u�r��-<<i _ ,GtNiA!(s). NoTwR1AL S7Alif OR SFAL (O& OTHER TITLE OA RANR) � I �JONN J. BERGUiND JS NOTMY/�{I!{JC-MWNqpTA n�a� cou�TM W ConwN..�on E+�In. Aa.. 6+�N I TNIS tYSTRUAIENT M'AS DM[T[D BY (N AMt ANO ADDAL88):'�� 1 � I City of FYidley i 6431 Univer�ity Avenue , Fridley, FN 55432 i i __. __ _.., � u( a4 for 4u �ul V'ooMy dweAMd In ehN W[rvewt �You4 � o Owelud� yw� uA Wd.w� ot W�st��): City of FYidley 6431 University Avenue £ridley, MV 55432 � � 2K t -v � , .. . � . . . � > rs�s.:�: *, j { ,;� �. : � . , , . :: S. r`� � - . . � 'Y. y� �, : .4� � ��,. � - ,, . .�Y 5����� .-� �. - .".i: ; . .. �� r ': � � �'' . . . l . . . PLAr�tJIt�G COMt�1ISSION MEETIPJG, MAY 6, 1987 PAGE 12 Mr. Eillings stated he wanted the City Council to note that at least three Planning Commission members were in favor of two lots rather than three lots. Also, they would like the City Council to note that the garage t at a permit was issued for in 1983 has not yet been completed. 5. COtaSIDERATION OF A VACATION RE UEST, SAV #87-03, BY DOF� OLSON: To vacate a 6 foot drainage and utility easement cre d by Veit's Second Addition, generally located at 6431 East River Ro N.E. Mr. Robinson stated there was presently a 6 , utility easement that ran across the �niddle of the existing lot. T's would have to be vacated in order to build a new house. There were no ilities in that easement. The only recommendation they had was fron NSP and f�ortel Cable that the easement be replaced with a 10 ft. easement ng the west and along the north side of the property. The prior stip tions with the plat included the provision for that easement and also at there be underground electrical service. Ti�ere a�ere no further sti lations. MOTIOP� by �4s. Sherel� seconded by t1r. Kondrick, to recommend to City Council approval of Vacat' n Request, SAV #87-03, by Donna Oison, to vacate a 6 ft. drainage and ut' ity easement created by Veit's �Second Addition, generally located at 6 East River Road N.E. Upon a vq%e vote, all voting aye, Chairperson Billings declared the motion carrieyl�unanimously. Mr Robinson stated this vacation request and tt�e preliminary plat would go o City Councii on June 1. 6. COf�SIDERATIOtd OF A LOT SPLIT, L.S. #87-03, BY BER�JADETTE BENSO�� OF P1IDbJEST SUPER STOP: To split off all that part of Lot 13, Revised Auditor's Sub- division No. 103, Anoka County, Minnesota, accordina to the plat on file and of record in the office of the Anoka County Recorder, lyin� easterly of the easterly line of Lot 2, Block 1, �daynes First Addition and westerly of a line drawn from a point on the easteriy line of said Lot 2, Block 1, distant 1.5 feet southerly of the northeast corner of said Lot 2 to a point on the easterly extension of the southerly line of said Lot 2, BlocE: 1, distant 45.0 feet east of the southeast corner thereof, generally located at 8100 East River Road IJ.E. t•1r. Robinson stated tt�e property was located on the southv�est corner of Fairmont and East River=Road. In 1984 a special use perr�it v�as issued for the construction of a gasoline facility. He stated the petitioner, Bernadette Benson, had done a very nice job of rehabbing that corner. After moving into the building, they discovered their property line was not identical to the fence line west of the building but ran at a drastic angle to what would be the side and back yard of the adjacent family house. In order to clean up this problem, they have agreed to split the property �aest of the fe��ce and will be selling the property to the neighbor who will combine t�iat with his iot which will then bring his �ot up to code. After the split, the lot area for the gas station will be 21,800 sq. ft. which was more than adequate by code. Code requirement was 20,000 sq. ft. 2L PLAIVNItdG COFIF4ISSION MEETItlG, MAY 6, 1987 PAGE 13 Mr. Robinson stated Staff was reconmending the following stipulations: 1. Execute and return street easement agreement (17 ft. along East River Road) prior to recording lot split. 2, Provide dumpster screening prior to recording lot split. 3. Provide hedging along Fairmont Street with edging, weed barrier, and mulch prior to recording. 4. Suhdivided parcel to be added to residential lot to west concurrently r�ith recording. MOTION by �4r. Bondow, seconded by P1r. Kondrick, to recommend to City Council approval of Lot Split, L.S. #II7-03, by Bernadette Benson of Midwest Super Stop, with tlie following stipulations: 1. Execute and return street easement agreement (17 ft. along East River Road) prior to recording lot split. 2. Provide dur�pster screening prior to recording lot split. 3. Provide hedging along Fairmont Street with edging, weed barrier, and mulch prior to recordinq. 4. Subdivided parcel to be added to residential lot to west concurrently witii recording. . Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously. Mr. Robinson stated this would go to City Council on t4ay 18. 7. RECEIVE t1ARCH 2, 1987, PARKS & RECREATION COMMISSIAN PIINUTES: MOTION by Mr. Kondrick, seconded by Mr. Betzold, to rec ' e March 2, 1987, Parks � Recreation Commission minutes. Upon a voice vote, all voting aye, Chairperson llings declared the motion carried unanimously. 8. RE_CEIVE APRIL 2, 1987, NUMAN RESOURCE - — - � �OP1MISSI�N f1INUTES: P�10TION by �1s. Sherek, seconded b 1r. Betzo7d, to receive April 2, 1987, Human Resources Commission mi tes. Upon a voice vote, all oting aye, Chairperson Billings declared the motion carried una ' ously. 9. RECEIVE APRI , 1987 NOUSIt�G & REDEVELOPPIENT AUTHORITY 1'IIt4UTES: MOTION t1r. Kondrick, seconded by t�s. Sherek, to receive the April 9, 1987, Housi & Redevelopr:�ent Authority minutes. ilpon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously. 2M �� �. � i� y � ,� • : � : be appraved b� staff; driveway tfl be at least three feet fran adjoining lat; driveway slope to be reduved as muc� as possible; and owner to se�ure NSP authorization of cprage glac�nent Frior to o�nstruction. �` Mr. Robertson stated staff had reoommended the garage facade match the house, however, the petitiorrer stated the house has white steel siding and sinoe the cprage would be close to the park, p�ssibly a� redwood facade would be more ap�xxoFxiate. He stated the Planning �anission's reoomanendation is that the garage facade be ap�xaved b� staff. �=` Mr. C�ustafs�n stated he has a�ntacted Northern,�States ibwer and they did not have any otrj ec�ion to his plac�neryt of the �rage on this Froperty. �., NDTION b� CAUncilman Goodspeed to a�ncur with the reoommendaton of the Planning Commission and grant special use permit, SP #87-08, with the follawing stipulations: (1) garage y�acade to be approved by staff; (2) - drive�aay to be at least three feet �,�r-'an adjoini.ng lot; (3) drivavay slope to be reduoed as much as possitale; and` (4) owner to secure NSP authorization of garage ptac�nent prior to o�nstruiition. Sea�nded b� Q�imcilman FitzFatrick. Upon a voioe vote, all v�oting a�e, Mayor Nee declared the motion carried unanimotzsly. ,� � 7 N1�TION by Counciljman Fitzpatrick to set the public hearing on this �e1 iminary plat �for Jta�e 1, 1987. Seo�nded tr� Cb�ncilman Schneider. Lpon a voice vote, rall voting aye, N,ayor Nee declared the motion carried unanimously. �s D. CpN�ID�RAT_ION OF �1 YACA�'ION RDQUEST, SAV #$7-03, _� V�1 �ATE A 6 F�00'� GENERAI�I,Y L(X'ATED AT 6430 EAST RIVER ROAD N.E.. BY DONNA OL90N: MJTION� tr� (b�cilman Fitzpatrick to set the public hearing on this vacation req�st for J�me l, 1987. Se�nded lx 4�uncilman Sch�ider. Upon a voice v,o�e, all vating aye, N'�yor Nee declared the motion carried imanimously. � �• u • • • • ��_ � : � • �� • � • � � / �� • � • • _ Y : � �I _� y� � i • � � �� : 1 1 • , •,� • � : : ►� � : `• 1 �- � �. . � . Mr. Robertson, Community Develognent Director, stated this property is located on the s�uthwest oorner of Fainnont ana East River Road. He stated in 1984, a special use permit was issued for oonstr�ction of a service station. He stated after the petitioner moved into the building, they disa�vered thei r property lir�e was not ideritical to the f ence 1 ine west of the builcb.ng, but ran at a drastic angle to what would be the side and back yard of the adj aoerit hane. He stated in order to clear up this Froblen, the �Z 2N �ih !�. ,��� • �. • � ' �i petitior�er has agreed to sgl it the Froperty caest o� the f ence and sell the property to the reic�b�r who will c�mbir�e it with his Iot to kxing it up to oode. He stated after the lat split, the lot area for the serviae station will be 21,800 s�uare feet whid� is more than adequate as the oode requires 20,000 s3uare fee� Mr. Robertson stated the Planning Cbnunission revieaed this request on May 6 and re�om�r►ended appc�aval with the stipulations that the petitioner execute and return a street eagement agreement (Z7 feet along East River Road) prior to rewrding the lot split; dumpster screening be provided prior to reoording; hedging along Fairmont Street with edging, weed barrier, and mulci� be Fravided prior to reaording; and the subdivided paroel be added to the residential lot to the west o�ncurrer�ly with re�rding. NDTION tr� Gbtncilman FitzFatrick to aoncur with the reaommendation of the Planning Conunission and �ant lot spl it, L. S. �87-03, with the following stipulations: (1) petitiarer eaaecute and return street easement agreeqnent (17 feet along East River Rraad) prior to reo�rding lot spl it; ( 2) dumpster screening be provided prior to recording lot split; (3) hedgirig along Faiunor�t Street with edging, weed barrier, and mulch be provided prior to rea�rding; and (4) subdivic7ed parael to be added to residential lot to the west mncurrently with reoording. Seconded tr� Q�tncilman Gooclspeed. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NDT30N tH Councilman Goodspeed to reaeive the minutes of the Planning Ca�nission meeting of May 6, 1987. Sec�ondecl by Councilman Fi�zpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimotzsly. , I1. R�7CEIVING �iE MINUI�S OF TfiE CHA�i'ER (Xk7l�ISSION h'IEETING OF MARC�i °'30�. 1987 : 1K�TION by Coimcilman Schneider to receive the minutes� of the Charter Cbmmission meeting of March 30, 198'7. Seoonded tr� .Qiiaicilman Fitzpatrick. Upon a voive vote, all v�ting aye, Mayor Nee c�eclared the motion carried unanimously. 12. Mr. Flora, Public Works Direct,oY; stated after oansic3erable negotiation with FriC, the Ci.ty has reoeived a�'�iold harmless agreement for the storm water system within the FMC-Nav�sproperty and extending across the Anoka County Park to the Mississippi�`River. . He stated the agreement establishes total resp�nsibility for that system to F1�C and holds the City and County harmless. Mr. Flora stated sinoe this is a Frivate systeqn and the City now has an agreanent` that FriC will maintain it, he would recommend the Council authorize execution of this agreement. ; � Mr. Ftiofa stated FMC has requested the City waive the past and present storm water c�ainage fees. He stated sinoe the fee was acbpted, �IC has not paid �ry of those charges and are in arrears $13,416.42 and a current fee of -&- 2� • �� •�v,. � • • • �• ZZ:�:j 6. �NSIDERATION OF A REZONING ZQA #87-01, Zb REZONE �'f2fJM R-3, GENERAL MULTIPLE �4VELLING. TO C-2, GEI�RAL BUSINESS. ON LOTS 23 AND 24 TOGETHER WITH HALF yA�TED ALI,EY. BLOCR 6. FRIDLEY PARK. ACaORDING � THE PIAT THERDOF ON FILE AI�ID OF REQORD IN TEIE OFFICE OF THE O�UIJI'Y REOORDER IN A1�ID FOR ANOKA .COUN'1'X. �IINNE90TA, Tf� SAME BEING 6501 EAST RIVER ROAD N E , BY CHRISTENSEN AU'1'0 DY: Mr. �bertson, Cbmn�nity Developnent Director, stated a hcarif�g on this rezoning was held on rlardl 11, 1987 before the Planning Comnission and they recAnunenaed appro�val with several stipulations. He stat�ed a public hearing was scheclulec3 before the Gbt,mcil for Apr`il 6, 1987, hc7wever, the petitioner requestec3 the item be tabled in orsl�r to work out a ooncern regarding the stipulation for a street ea�±ement. Ae stated this concern has been adc3ressed and the petiti �ef wishes to proceed with the publ ic hearing before the City Co�cil,.��'" IrDTION kr� Cbuncil<man FS.tzFatrick to set the public h�ring on this propored rezoning fo�,-�rch 28, 1988. Seoonded tr� Cbuncilwoman Jorgenson. Upon a voice v�'€, all voting aye, Mayor Nee declared the motion carried una�,,�usly. �i����.,_ 8 -0 Y ERNADETTE 7. OOhSIDERATION OF AN EXTENSION OF A LOT $PLIT, L. S. # 7 3. B B BEN�I�j OF MIDWEST SUPER SIt�P: Mr. Imbertson, Cbirem.mity Developnent Director, stated the petitioner has requested a three month extension frcm this date in orcier to recoza a lot sglit, L.S. �87-03, ap�xaved tr� Cbuzcil on June 1, 1987. He stateci it is suogested this extension be appraved, with the follawing stipulations: (1) ex�ecute and return street easement agreement (17 feet along East River Road) prior to recordinq lot split; (2) provide dumpster screening prior to reaorc�.ng lot split; (30) pravide hedo�ing along Fairmont Street with eclging, weed barrier anu mulch prior to reoording; and (4) subdivi6e �arcel to be adcied to resiciential lot to west ooneurrently with reoorc3ing. NDTION tX CAlmcilman FYtz�atrick to apprave a three month extension of Lot Sglit, L. S. #87-03, to J�me 7, 1988 with the following stipulations: (1) e}aecute and return street easement agrecment (17 feet along East River Road) prior to recording lot split; (2) provide aumpster �creening proir to recbrding lot sRlit; (3) pravide hedUi.ng along Fairn�ont Street with edging, weea }�rrier and mulch prior to reaording; and (4� subdivide �rcel to be acic�ed to resiclential lot to west ooncurrently with re�rc3ing. Seconded by Cbimcilman Schneider. Upon a voioe vote, all voting aye, Aayor r3ee c�clared the mation carried unanimously. 8. C�ONSIDERATIOI� OF R�IISED QOMPREHENSIVE SIGN PLAN FUR RIVERBOAT PLAZA. 7899 EAST RIVER RQAD• N�. R�bertron, Cb�tmiLnity Develo�ment Director, stated the petitioner, N',r. Klus is appealing the CAlmcil's ac�ion on this �hopping center's sign plan whici� was approved by Council 'bn July 20, 1987. He stated because the rx�tic�e that this item would'�be on the (buncil's aaencfa went to the shopping center's address anc3 not h�. Klus' residenoe or business, Mr. IQus felt this ��.. /--""� -11- �.,` _ 2R IIPON A VOICB VOTE, ALL VOTING AYE CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMO LY. Ms. McPherson stated the vari ce request and special use permit request will go to Ci Council on April 8, 1991. 4. PUBLIC HEARING: CONSIDERATION OF A REGISTERED LAND SURVEY P.S. #91-02, BY STEVEN BRUNS FOR MIDWEST SUPER STOP TO REPLAT THAT PART OF THE SOUTHEAST 4UARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 30, RANGE 24, ANOKA COUNTY, MINNESOTA LYING SOUTHERLY OF THE SOUTH LINE OF LOT 50 BLOCK J. RIVERVIEW HEIGHTS. ANOKA COUNTY. MINNESOTA AND THE EASTERLY EXTENSION OF SAID SOUTH LINE, WESTERLY TO THE SOUTHERLY EXTENSION OF THE CENTER LINE OF EAST RIVER ROAD, AS SHOWN ON SAID PLAT (NOW KNOWN AS COUNTY STATE ATD HIGHWAY NO l) AND EASTERLY OF A LINE DRAWN FROM A POINT ON THE EAST LINE OF LOT 2 BLOCK 1 WAYNE'S FIRST ADDITION DISTANT 1 50 �'EET SOUTH FROM THE NORTHEAST CORNER OF SAID LOT 2 TO A POINT ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST OUARTER DISTANT 45.00 FEET EAST FROM THE SOUTHEAST CORNER OF SAID LOT 2. THAT PART OF LOT 50. BLOCK J, RIVERVIEW HEIGHTS, LYING EAST OF A LINE DRAWN PARALLEL TO AND 150 FEET EAST� MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF LOT 13. REVISED AUDITOR'S SUBDIVISION NO 103 ANOKA COUNTY MINNESOTA ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF TIiE REGIST OF DEEDS IN AND FOR SAID ANOKA COUNTY. GENERALLY LOCATED AT 8100 EAST RIVER ROAD N.E. MOTION by Ms. Modig, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BLTZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:15 P.M. Ms. McPherson stated this property is located at the southwest corner of the intersection of Fairmont Street and East River Road. The property is zoned C-1, Local Business, with additional C-1 zoning to the north. The properties to the west are zoned R-1, Single Family, and PUD, Planned Unit Development, on the property to the east. Ms. McPherson stated that the City processed a lot split, L.S. #87-03, in 1987 to realign the west property line of the subject parcel with an existing fence located to the rear of the gas station. After an extension to record the lot split was granted by the City in 1988, the property was soid. In attempting to record the iegal description, the County recommended a registered land survey be processed. 2 C� pLANNING CO1rII�I88ION MEETING, MARCH 27, 1991 PAGE 10 Ms. McPherson stated the proposed Registered Land Survey will create four parcels: Tracts A, B, C, and D. Tract D should be dedicated to Anoka County as right-of-way for East River Road, Tracts A and B are for the gas station, and Tract C will be deeded to the property owner to the west. To correct an error in the staff report, the lower portion of Tract C is actually abstract property and has been recorded while the main triangle is torrens property and will be recorded after the Registered Land Survey is recorded. Ms. McPherson stated the property does meet the lot area requirements for the C-1, Local Business district regulations. There are several outstanding stipulations from the 198'7 lot split approval that shonld be applied to this request. Ms. McPherson stated staff recommends the Planning Commission recommend to the City Council approval of the Registered Land Survey with the following stipulations (#l, #2, and �6 are remaining from the 1987 lot split request): 1. Complete curbing along the south side of the parking lot. 2. Construct a masonry dumpster enclosure with a chain link fence gate with vinyl slats. 3. Dedicate Tract D to Anoka county as right-of-way for East River Road. 4. Combine Tracts A and B for tax purposes. 5. Deed Tract C to the property owner to the west. 6. Record a 17 foot street, utility, and bikeway/ walkway easement dedicated to the City by Ms. Gabrelick, previous awner. Mr. Steve Bruns stated that the property is now known as East River Road Texaco and the owner is Donald Kisch. He stated his firm was hired by Title Insurance Company who attempted to record the documents at Anoka County but were unable to do so and were asked to get a Registered Land Survey. Mr. Bruns stated he is concerned with the first two stipulations. These two stipulations were unknown to the new owner or the title company or anyone else when the property was purchased; in fact, the original approval of the lot split, at least as it appears on the deeds, was without conditions. He stated they are in agreement with the other stipulations. C'!�_i] � PLANNING COMMISSION MEETTNG. MARCH 27, 1991 PAGE 11 Mr. Bruns stated he was unable to contact Mr. Kisch, but he did talk to the station manager. He did not believe the dumpster will be a problem, although it is going to require the buyer to spend additional monies for things he was not aware of just to get the documents recorded from the closing last November. Regarding the curbing, there has been some discussion about improving the site to add a bay car wash. If that is the case, the curb stops would have to be moved. Ms. McPherson stated she did speak with the survey company the previous week regarding the code requirements for setbacks. There was talk of a car wash at that time, and she did send them information on the special use permit process. Ms. Dacy stated that when Bernadette Benson was trying to sell the property last summer and prior to the closing, she wrote Ms. Benson a letter dated July 16, 1990, regarding the outstanding stipulations. If the stipulations were not on the lot split, then they were made part of the special use permit, SP #84-16. If the seller did not tell the buyer about these conditions, then the buyer might want to approach the seller about them. Ms. Dacy stated that if the owner is considering adding a car wash, a rezoning will be needed from C-1, Local Business, to C-2, General Business, plus a special use permit. If the owner wants to find out about those processes prior to making an investment on the curbing, he could discuss it with staff and establish some timeline for compliance. Also, if the owner does not want to comply with these stipulations, he can request a rehearing of the special use permit and try to get the stipulations changed. MOTION by Ms. Sherek, seconded by Ms. Savage, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARiNG CLOSED AT 8:26 P.M. MOTION by Ms. Sherek, seconded by Mr. Sielaff, to recommend to City Council approval of Registered Land Survey, P.S. #91- 02, by Steven Bruns for Midwest Super Stop to replat that part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 30, Range 24, Anoka County, Minnesota, lying southerly of the south line of Lot 50, Block J, Riverview Heights, Anoka County, Minnesota, and the easterly extension of said south line, westerly to the southerly extension of the center line of East River Road, as shown on said plat (now known as County State Aid Highway No. 1), and easterly of a line drawn from a point on the east line of Lot 2, Block 1, Wayne's First Addition distant 1.50 feet south from the �� PLANNING COMMIBSION MEETING, MARCH 27. 1991 PAGL_12 northeast corner of said Lot 2 to a point on the south line of said Southeast Quarter of the Northwest Quarter distant 45.00 Feet east from the southeast corner of said Lot 2. That part of Lot 50, Block J, Riverview Heights, lying east of a line drawn parallel to and 150 feet east, measured at right angles from th�e west line of Lot 13, Revised Auditor's Subdivision No. 103, Anoka County, Minnesota, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for said Anoka County, generally located at 8100 East River Road N.E., with the following stipulations: 1. Complete curbing along the south side of the parking lot. 2. Construct a masonry dumpster enclosure with a chain link fence gate with vinyl slats. 3. Dedicate Tract D to Anoka county as right-of-way for East River Road. 4. Combine Tracts A and B for tax purposes. 5. Deed Tract C to the property owner to the west. 6. Record a 17 foot street, utility, and bikeway/ walkway easement dedicated to the City by Ms. Gabrelick, previous owner. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRiED IINANIMOIISLY. 5. RECEIVE FEBRUARY 19 1991 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MINUTES: / MOTION by Mr. Saba, seconded by Mr. Sielaff, to eive the February 19, 1991, Environmental Quality and En Commission minutes. IIPON A VOICE VOTE, ALL VOTING , CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINAN OOSLY. 6. RECEIVE MARCH 7 1991 RESOURCES COMMISSION MINUTES: MOTION by Ms. Shere seconded by Ms. Modig, to receive the March 7, 1991, Hu n Resources Commission minutes. IIPON A VOI VOTEi ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED MOTION CARRIED QNANIMOIISLY. 2T r � � I DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley April 4, 1991 William Burns Cit Mana er ��� ' . Y g A� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Lot Split, L.S. #91-02, by Milestone Hotel Investments At the March 25, 1991 City Council meeting, the City Council tabled action on the lot split request. The Planning Commission recommended approval of the request with the following stipulations: 1. A 30 foot easement shall be dedicated to the City for the water line improvement and recorded when the lot split is recorded. � 2. Common party wall and shared easement agreements shall be recorded when the lot split is recorded. 3. A hold harmless agreement relieving the City of any liability for waiving the Uniform Building Code requirements shall be recorded against the lot split. 4. 5. Variance request, VAR #91-04, shall be approved. Plat request, P.S. #91-01, shall be completed by May 6, 1991. Councilman Billings discussed with the petitioner his reluctance to recommend approval if more signage is going to be added to the property. Therefore, we have drafted a potential stipulation for the City Council review to add to the lot split approval: 6. No additional free standing signage may be added to the site beyond the amount of signage that was originally approved in the 1985 variance request. Wall signs may be permitted if in compliance with the sign ordinance. Staff recommends that the City Council approve the lot split request with the recommended stipulations from the Planning Commission and the additional stipulation regarding signage. BD/dn M-91-248 3 RESOLUTION NO. - 1991 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #91-02, TO SPLIT IATS 1-5, AUDITOR'S SUBDIVISION NO. 153 INTO TWO SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. WHEREAS, the City Council approved a lot split at the , 1991 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to split: Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots l, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, into two separate parcels described as: Parcel A: That part of Lots l, 2, 3, and 4, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of Lot 1, Auditor's Subdivision No. 153; thence South 00 degrees 29 minutes 30 seconds East, on an assumed bearing, aiong the east line of said Lots 1, 2, and 3, a distance of 337.60 feet; thence South 89 degrees 33 minutes 37 seconds West, a distance of 258.39 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100.14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 196.26 feet; thence North 3A Resolution No. - 1991 Page 2 00 degrees 32 minutes O1 seconds West, a distance of 9.37 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of i45.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence northerly, easterly, and northerly along said east line of State Trunk Highway No. 65 to the north line of said Lot 1; thence East along the north line of Lot 1 to the point of beginning. Except the following described parcel: Beginning at a point on the east line of the west 50 feet of said Lot 3, distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet of said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1 a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3 a distance of 188.67 feet to the point of beginning. Parcel B: That part of Lots 3, 4, and 5, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Commencing at the northeast corner of Lot 1, Auditor's Subdivision No. 153; thence South 00 degrees 29 minutes 30 seconds East, on an assumed bearing, along the east line of said Lots 1, 2, and 3, a distance of 33'7.60 feet to the point of beginning of the land to be described; thence South 89 degrees 33 minutes 37 seconds West, a distance of 258.39 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100.14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 196.26 feet; thence North 00 degrees 32 minutes O1 seconds West, a distance of 9.37 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of 145.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence southerly, along said east line of State Trunk Highway No. 65 to the south line of said Lot 5; thence East along the south line of Lot 5 to the southeast corner of Lot 5; thence North along the east line of Lots 3, 4, and 5 to the point of beginning. Except the west 275.00 feet of Lot 5 lying South of the north 36.67 feet thereof. Generally located at 5201 - 5275 Central Avenue N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two separate parcels. � � � Resolution No. - 1991 ' � ' � Page 3 - � NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK 3C EXHIBIT A Resolution No. - 1991 1. A 30 foot easement shall be dedicated to the City for the water line improvement and recorded when the lot split is recorded. 2. Common party wall and shared easement agreements shall be recorded when the lot split is recorded. 3. A hold harmless agreement waiving the City of any liability for allowing the Uniform Building Code requirements shall be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. 3D r � � J Community Development Department G DIVISION City of Fridley DATE: March 20, 1991 Q, � (O TO: William Burns, City Manager �, ` FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #91-04, by Milestone Hotel Investments Attached is the above referenced staff report. At their March 12, 1991, meeting, the Appeals Commission voted unanimously to recommend to the City Council approval of the request with the following stipulation: 1. The variance shall be granted in conjunction with the granting of the lot split request. Staff recommends that the City Council concur with the Appeals Commission action. MM:ls M-91-178 � r._, � � crnroF FRIDLEY REQUEST PERMIT NUMBER APPLICANT PROPOSEO REQUEST LOCATION STAFF REPORT APPEALS DATE March 12, 1991 PLANNING COMMISSION DATE CITY COI�VCIL DATE r�arcti 25, ] SITE DA�'A SIZE DENSITY PRESENT ZONWG ADJACENT LANO USES & ZONWG UT�fi'IES PARK DEDICATION ANALYSIS FtNANCtAL 1MPLtCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH AOJACENT USES & ZONOVG ENVlRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENOATION nuraioa �� VAR #91-a4 Milestone Hotel Investments To reduoe the reqwi,red side yard setbacic frcm 15 feet to 0 feet 5201-5275 Central ?�venue N,E. 11.8 acres C-3, General Shopping Center District C-1, Ir�cal Business District to the sauth; R-1, Single Family Dwelling to the ea.st; C�-3, General Shopping C�nter, to the north Yes Yes Approval � � ' a�r r+ � � ' y I � .: '� �sq�, �23 ,- VAR '��91-04 Milestone Hotel N �/2 C/TY ci rr 2� � r� � SEC OF . .� Of CG C, NL �q . � .� i � '�i * � j Ih �/ y �. �; 4 j 8 � �>� 'A � �� �Iy � y a �b� :1 .r �� ,i r� � 24 ,' LOCATION MAP . Staff Report VAR #91-04, Milestone Hotel Investments, Inc. Page 2 A. STATED HARDSHIP: None stated. B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting a variance to reduce the required side yard setback from 15 feet to 0 feet for 5201-5275 Central Avenue N.E. The request is a result of a proposed lot split and plat request which staff is currently processing and which will create a lot line between the Skywood Motel and the Skywood Mall. The lot line will be created so that the motel may be sold independent of the mall. Site The property is approximately 11.8 acres in area. Located on the parcel is a 100-unit motel and a retail mall which share a common fire wall. The property is zoned C-3, General Shopping Center. The property to the south is zoned C-1, Local Business. The property to the east is zoned R-1, Single Family Dwelling, and there is additional C-3, General Shopping Center, zoning to the north. Analysis 3ection 205.15.03.C.(2) of the Fridley City Code requires a 15 foot side yard setback when two side yards are required. Public purpose of this requirement is to provide for adequate open areas (green divider areas) around commercial structures, maintain clear access for fire fighting, and reduce the possibility of fire. The C-3 zoning district regulations require that a side yard setback of a minimum 15 feet exist for all parcels. However, Section 205.17.03.D.(2).(c) and Section 205.18.03.D.(2).(c) (industrial districts) allow a zero lot line where a common wall is provided between two buildings. The creation of a common lot line between the two facilities in this zoning districts creates the need for the variance. In this instance, the code is placing the hardship upon the property, and the property is unique in the fact that a common wall will be shared by two buildings. The cross parking and access easements will continue to be maintained after the lot split and plat are approved. Therefore, the two lots will continue to function as one. i � Staff Report VAR #91-04, Milestone Hotel Investments, Inc. Page 2 Recommendation Staff recommends that the Appeals Commission recommend to the City Council approval of the variance, with the following stipulation: 1. Lot Split request, L.S. #91-02, shall be approved. Appeals Commission Action The Appeals Commission voted unanimously to recommend to the City Council approval of the request with the following stipulation: 1. The variance shall be granted in conjunction with the granting of the lot split request. City Council Recommendation Staff recommends that the City Council concur with the Appeals Commission action. 4E � J d � � < z J W � n. 1 i S � O Q � } � i . /h!u�� �cl�v �., / �., Iy'�� - - Y`I - — — — - -- — -- - f�)� t � � LI -- -- C�,�� a � � ! fi� VAR #91-04 � � �i�w�;��!_';�! ii��=;�:�i` c �i:�iiFit�;i�si i i li;:a.=s.s=�i !i:�:Sii=�� i 3?i�i:i�i��;��i � � i � '�:�������i�i �l=i:_':�_'-�� E ��:illF�j�iii!i � .. . .. � :il:�.i . � - fii 1'j"r��. f � � 1 �F;1:.;:::;!; i��.i=c�i!' ' �i�!...j.,.f3:i � ' •" ii•iii.• �_•.: 1 - iii:E�i..:i � �' �s-� i� i� iiit;:..�-. . ��:�---:-_-}�f. jf =i3T�liii�IFII rj:�dii�z� ��fil:,�s,es::=ci^j�. j ��:..._._-!° iis�.. . �i=�:s::z:s;3:.i ss t:� __•_"_:_ti �3:. �- __ - - �; ; tj � i•i••:: . . i:iiisi:!:i i i='�I�IIItii;ii f � � i :�iFliiii�i �i � .. �� I� �s: ::e..-I �p !�_s:.....:�::i! i1 - �1 . . -', � . i . � �- � . !. . � � i � I ('3Ad 1t12i1N3� ) ''r •: �'� AVMH9IH i l=jiie Si�'t r It i i:�s 4 !�;!��, � �t'�ss i i e �' I ����� : t:�f� SI w Z- � �tt � � �, i s r = ` '� :� _� .9 - _: i- : E: _ � _ '° j E 5 5 � Z W i a � � ; � �; � -----•r--• •— c . --�.. __ N --�----- � �A ` 1MiNKY3" 0�0� � •�•.1�r „ ,� { � n �w! � 1�1 ��r . � �I� �. � � \ • .,.A � i ( . . . � � � i � 4} I Y qi ��/ ` �/ Z � � � ,,:� o . ��: qi i� /j _� � : ; Nd; _ / � i / d . i �i i W _ � W j ! ------�---- -- �I — _ � � N N n a 1 31 dl S�, __,.,.,.� ._..�. ' 4FPRELIMINARY PLAT � LEGAL DESCRIPTION SKYWOOD MALL & HOTEL I Robert L. Peters, a Registered Land Surveyor in and for the State of Minnesota, do hereby certify to F& M Marquette National Bank as Trustee under an Indenture of Trust dated December 1, 1983; Liberty Title Company; and Chicago Title Insurance Company Chat this is a true and correct plat of survey of : Lots 1, 2, 3, 4& 5, Auditor's Subdivision Number 153, City of Fridley, Anoka CounCy, Minnesota, subject Co an easemenC for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4& 5 of Auditor's Subdiv_ision Number 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of MinnesoCa for highway purposes, except the following described parcels. Commencin� at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwesC corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet of said Lot 1, distant 25 feet East from its intersection wiC� the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot�i, a distance of 163.$7 feet; thence South and parallel with Che west line of said Lots 1, -� & 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a disCance of 188.67 feet to the point of commencement. Also except the west 275 feet thereof, Auditor's Subdivision to the rights o£ the public in 25 feet of said premises, and road purposes over the east SO the north 36.67 feet thereof. of Lot 5, except the north 36.67 feet No. 153, Anoka County, Minnesota, subject highway on the west SO feet and the south together with an easement for walkway and feet of the west 325 feet of Lot 5 except correctly shows Lhe location of alI buildings on said described property; recorded easements per Chicago Titie Insurance Company Commitment No. L17673-C dated January 31, 1990, and all applicable building setback lines; that there are no visible encroachments onto adjoining properties, streets or alleys by any of said buildings; that there are no visible right-of-ways or easements on said property, except as shown on said survey; and that there are no party walls or visible encroachments on said described property by buildings, structures or other improvements situated on adjoining property. As surveyed by me this Z��"� day of ,1�%a�ci'j , 19 9�� PETERS, PRICE & SAMSUN LAND SURVEYURS, LTD. �� � ttobert L. Peters, Land Surveyor .Minnesota License No. 14890 � � � - QTiI OF FRIDI�SC 6431 iA�RSITY AVF3�lUE N.E. FRIDLEY, I�T 55432 (612) 571-3450 �• u n� i � - • � n � � _� _ .�i � VARI.l�K'� AP�'LIC�TI�i FO�Ni PlmP�T'Y II�TIo�T - site plan required far suk�mittals: see attac3ied _yy~ Address; 5201-5275 Central Ave., Fridley, Minnesota 55421 I,ag-dl desCriptlon: See attached I�t See attached B1pcJc T�'act�Additiarl Auditors subdivision 153 C�rent zoni.tx�: C-3 Squ,are foo�tage/acr�eage 11.8 acres Rea..son for variance arr3 harr��,; p: Sectiaaz of City Oode: FFF.E �lt II�ORI�TI�1 ~....^.�~ (Contract Pum��asexs: Fee Owners must sign this form prior to pz+ooes.sing) Marquette Bank Minneapolis National Association as Trustee NAME under Indenture of Trust dated December 1, 1983 AD�S 6th & Marquette, Minneapolis, MN 55480 LIAYTIME pFIONE 341-5804 n� a/6�g> w.�..._ ..�... .._�._..._,......�.�.._....�. ..�...�....�..._...._�_ r�rriz� n�o��t t�1ME Milestone Hotel Investments, Inc. AD�S 681 E. Lake Street, ��246 Wayzata, NIN 55391 DAYT7MF'. pgp� 612/476-8516 ' � ��� l�.( Fee: $ioo.00 � �C ._.....__..........�....�_� $ 60.00 for residential praperties Permit vAR # I- 0 Reoeipt # `� y/ a D Application i�+eoeived by: Scheduled Appeals �ion�date: 3•!Y-�l Sc�eduled City Oamcil date: ...r.....r...�.._�__.w._.��_..��.�.....__�_�...._.. . .........r....._..�..__....__ 4H POBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, March 12, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #91-04, by Milestone Hotel Investments, Inc.: Per Section 205.15.03.C.(2) of the Fridley City Code to reduce the side yard setback from 15 feet to 0 feet for proposed Lots 1 and 2, Block 1, Skywood Mall Addition, currently described as: Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153 ; also subj ect to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, to be described as Lots 1 and 2, Block 1, Skywood Mail Addition, generally located at 5201 - 5275 Central Avenue N.E. 41 VAR #91-04, Milestone Hotel Investments, Inc. Page 2 Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 57�-3450. 4J City Cbtaici.l Ci.ty Manager Diiane Savage 567 RiQe C3.�elc �lerraoe N.E. F'ridley, N�V 55432 Mi les tone Hot�e l Inves trnents 681 E. Lake Street, #246 ' Wayzata, M�i 55391 Mazquette Bank Minneapolis 6th. and Marquette Minneapolis, NN 55480 City of Columbia Heights Planning Department 590 - 40th.Avenue N.E. Coltunbia Heights, N� 55421 Fi�rs Restaurant � 54Q0 Central Avenu� N.E. Fridley, M�1 55421 'i Chet Herringex 4121 Stinson Boulevard , Oolimibia Heigh.ts, DT1 55421 I 7bta1 DZinnesota, Inc. 5300 Central Avent� N.E. I Fridley, Ni�i 55421 I 'lbtal Minnesota, Inc. 999 - 18th Street 'I Suite 2201 Denv�r, O� 80202 MAII�]G LIST FC�t VARI�E # 91-�4 5201-5275 Central Avenue N,E, Mi.lest�one Hotel Investments, Inc. Mena�rds F Inc. 5351 Central Avenue N.E, Fridley, ,NN 55421 � Menaxd�� Iric. RAUte 2 Eau Claire, Wi 547Q1 O�u�zoe Paark T.nvestirents 3989 Centra7..l�veni,;�e N.E. Col�ia Heic�Iits, NY�T 55421 k�land Lang 1278 S1cy4a�od Lane N.F. Fridley, NN 5542I Yun Tee 12�8 Skyv,rood Lane `N.E. Fridley, AN 55421 Carl H�ggestad 1258 Skywood T,ane N.E, Fridley, N1V 55421 Nlazy Nlattti�ws 1259 Skywood Lane Pd. E. Fridley, N�1 55421 Ground Round Res taurant 5277 Central Aventbe N, E. Fxidley, NN 55421 � Mailed: 3/1/9i Haward Johnson Company Box 38 Wahkon, NIl�T 56386 skyw�ood znn 5201 Qentral Avenue N,F. Fridley, NN 55421 S]cyHrood Mall 5251 Central Avenue N.E. FYidley, r�T 55421 Iee Warcls 5289 �ntral Avenue N.E. F'ridley, MV 5542I � Current Tenant 5267 Central Av�nue N.E. Fridley, I��I 55421 Adventures in Video 5211 Q�ntra3. Avenue N.E. Fridley, MV 55421 'It�vin City Fec7exal 5205 Central Avenue N.E. Fridley, NN 55432 'l�vin City Fec�eral 801 Maxquette Avenue Minneapolis, NJrd 55402 Ftobert Hall Clothes 1075 Central Park Avenue Scarsdale, NY 10583 VAR #91-04 5201-5275 Cer�tral Avenue N.E. Page 2 Great American Musie 515i Qentral Avenue N.E. Fridley, N�1 55421 Izwin Kallman 115 East 57th Street, #1240 New.York, NY 1OQ22 RQnald �ax�.zek 5258 F'illiroxe Stxeet rI.E. Fridley, NN 55421 Marvin �:cFie�nk_ 5246 k'�1lmore Stx�eet N. E. Fridley, NN 55421 ���� Mardc Investn�nt Oonpany Fet�ex 1�b11�axa 7601 Wayzata Blvd. ,#206 5234 �'i,1lm�xe .Street N.E. Minneapolis, MV 55426 F'ridley, 1�Il�i � 55421 Current Resident 109� -� 52nd Avenue N.E. Fridley, NN 55421 Curre.nt Resic3�nt 112Q .-- 52nd Avenue N.E. Fridle�, Na�i 55421 Current Resic�nt 117Q -� 52nd Avenue N.E. F�idley, �N 55421 Lyle Mandel ��z�'� 695Q i�la�zata Blvd. , �2Q6 Golc�en Valley, D�V 55426 Giarrent Resident 215 -� 53rd AVenue N�E. Fridley, Nll�T 55421 Thomas Skovran 5298 Fil]smxe St,reet N.E. Fridley, NiV 55421 Rayimnd k'oxss 5222 �'il]irore Stxe�t N.ER Fridle�, NN 55421 Dean �liss 5212 F�.,17a�pxe .Stx�et N.E. FYidley=, I�N 55421 �oseph N�i�gc� 520Q Fillmo.�e �treet N.E. Fridley�, NN 55421 C'�ary� Zbwn��le� 1301 -- 52nd 1�venue N,E. Fridley, NY�I 55421 Michael Jaro�lawski, 5201 Ta�rlox �txeet N. E. Fridley, 1�TI 55421 Francis Jab 52Q9 Taylor Star�eet N�E, Fridley�, NN 55421 � �rxi Wallace 5217 Taylor Stt�t N.E. Fridley, M�T 55421 Edward Ko�nzal 5235 Taylor Street N.E. F'ridley, M�T 55421 Daniel Dolezal 5251. '!'aylor Street N.E. Fridley, NN 55421 Ja¢nes Roseiaeuer 5285 Taylor Stre�t N.E. Fridley, rR�T 55421 Kwin I,emke 529g Taylor Street N.E. Fridl�y, N�i 55421 Donald Delich 5284 Taylor Stxeet N.E. Fridley, NN 55421 WilLiam Kuether 5268 Taylor Street N.E. Fridley, r�T 55421 inlill�am Job 5250 Taylor Street N.E. Fridley, 1��T 55421 Timothy McC.auley 5234 Taylor Street N.E. Frid].ey, NN 55421 VAR #91-04 52Q1-5275 Central Avenue IJ.E. Page 3 Aar� Engebretson 5216 Taylor Street N. E. Fridley, NN 55421 Stevpn Kantoraw.icz 52QQ Tayl.or Street N.E. FYi.dley, Nr1 55421 Gerald Sorenson 1280 -� 52nd Av�ni� N. E. �ridley, NN 55421 Jan�s Vant 126Q �- 52nd Avenue N.E. Fridley, NN 55421 William Leavey 124Q - 52nd Avenu� N.E. Fridley, NN 55421 '� ]►'�I � APPEALS COMMISSION MEETING. MARCH 12, 1991 PAGE 10 CONSIDERATION OF VARIANCE REOUEST VAR #91-04 BY MILESTONE HOTEL INVESTMENTS. INC.: Per Section 205.15.03.C.(2) of the Fridley City Code to reduce the side yard setback from 15 feet to 0 feet for proposed Lots 1 and 2, Block 1, Skywood Mall Addition, currently described as: Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley,over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot l, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.i7 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, to be described as Lots 1 and 2, Block 1, Skywood Mall Addition, generally located at 5201 - 5275 Central Avenue N.E., Fridley, Minnesota, 55421 MOTION by Mr. Kuechle, seconded by Dr. Vos, to waive the reading of the variance request and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:14 P.M. Ms. McPherson stated the proposed request is to reduce the side yard setback requirement from 15 feet to 0 feet for 5201-5275 Central Avenue, otherwise known as the Skywood Mall and Motel, located at the intersection of Central and 52nd Avenues. The property is zoned C-3, General Shopping Center District. There is 4N APPEALS COMMISBION MEETING, MARCH 12, 1991 PAGE 11 additional C-3 zoning to the north. The property to the south is zoned C-1, Local Business. Although the property is zoned commercial to the south, there is some multiple family apartments in that area and there is R-1, Single Family Dwelling, to the east. Ms. McPherson stated the petitioner is also processing a lot split and a plat request which will create two lots. Therefore, the variance includes both lots once they are newly created. The lot split is being processed for closing on April 1 and the plat will be finalized sometime in April. This will allow the petitioner to purchase the hotel portion of the complex and remodel in time for the busy season. The proposed lot split and plat will create a new lot line which will split the hotel portion from the retail and which will allow the motel to be sold independently of the mall. The C-3 district zoning regulations do not allow for a zero lot line to exist. The regulations require a minimum of a 15 foot setback. The City does have a zero lot line option in the industrial district where there is a common wall between industrial buildings. The Code is creating a hardship for this particular parcel. Ms. McPherson stated the site will continue to operate as a single unit. Parking agreements will continue to be maintained and will continue to function as is. Staff recommends approval of the variance with the stipulation that the lot split be approved. , Dr. Vos asked why there is a jog in the lot line. Ms. McPherson stated, the way the City requested the petitioner draw the line is because it is along the face of the fire wall along the mall portion of the building. The south part is all motel and the north part is mall. Dr. Vos asked if there are jogs outside. Ms. McPherson stated the site is currently underparked and was approved this way. However, they have tried to draw the lot line so the motel portion meets the code as much as possible. The Planning Commission will try to address this issue. The site has as much parking as is available without going to ramps. This past summer, the trustee in control of the property completed the parking which was an outstanding stipulation from when the project was first approved. Mr. Ring, Marquette Bank, stated the bank is the trustee now in control of both facilities. The need for splitting the lot is to maximize the recovery for the bond holders. As it currently exists, there is a mall and a hotel that is unsaleable because malls and hotels are managed differently. Dr. Vos asked if the petitioner is the potential buyer. i � APPEALS COMMISSION MEETING MARCH 12 1991 PAGE 12 Mr. Ring stated this is correct. Ms. Savage stated there is no information about what is going to be done. Is there a proposed buyer for the mall? Mr. Ring stated the mall is being �anaged by Towle Real Estate and is being offered for sa1e. Ms. Savage asked what the status is of the hotel. Mr. Ring stated Marquette, as trustee, is currently negotiating with Milestone Hotel for the sale of the hotel portion. This variance and lot split is a condition of the sale. Mr. Bliss asked if the variance is to reduce the lot line to the north. Ms. McPherson stated that usually what happens when there is a lot line between two buildings, there would technically be 30 feet between the buildings. In approving a zero lot line, they are saying that buildings can exist at the lot line. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to close the public hearing. QPON A VOICB VOTE� ALL VOTING AYL, CHAIRPERSON SAVAGE DECLARSD THE MOTION CARRIED AND T8E PIIBLIC BEARING CLOSED AT 8:30 P.M. Ms. McPherson stated the lot split and plat will be heard by the Planning Commission on March 13. Therefore, the Planning Commission will be informed verbally of the Appeals Commission's action. Dr. Vos stated this is an existing condition which is the biggest hardship you can get. To deny it would be to deny a solution to the problem. Mr. Kuechle stated he concurred. This should be tied to the lot split, so that if the lot split is not approved, the variance is not approved. MOTION by Mr. Kuechle, seconded by Dr. Vos, to approve variance request, VAR #91-04, per Section 205.15.03.C.(2) of the Fridley City Code to reduce the side yard setback from 15 feet to 0 feet for proposed Lots 1 and 2, Block 1, Skywood Mall Addition, with the following stipulation: 1. The variance shall be granted in conjunction with the granting of the lot split request. i ' APP$ALS COMMISSION MEETING, MARCH 12. 1992 PAGE 13 IIPON A VOICE 40TE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. OTHER BUSINESS: Ms. McPherson stated a�emo was included in the agenda packet summarizing action taken on requests the Commissian previously acted upon. ADJOURNMENT MOTION by Ms. Beaulieu, seconded by Dr. Vos, to adjourn the meeting. IIPON A VOTCE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MARCH 12, 1991, APPEALS COMMISSION MEETING ADJOURNED AT 8:30 P.M. Res ectfully submitted, � Lavonn Cooper , Recording Secretary i � r � � DATE: TO: FROM: SUBJECT: Community Development Department PL�!►NNING DIVISION City of Fridley April 4, 1991 � � • William Burns, City Manager �• Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit, SP #90-18, by Humberto Martinez Attached please find the above-referenced staff report. The special use permit request is to allow an increase in the allowable lot coverage by 4�, from 40� to 44�, at 7786 Beech Street N.E. The Planning Commission voted unanimously to recommend approval of the request to the City Council with one stipulation: 1. The petitianer shall sign a restrictive covenant limiting the use of the addition to the warehouse. Staff recommends that the City Council deny the request, as it does not meet the standards outlined in Section 205.18.03.C.(4) of the Fridley City Code. MM/dn M-91-239 5 � �► STAFF REP4RT APPEALS DATE Cj�Of PL�1I�IIVG CO��$$I� DATE : December 12, 1990 ; March 27, 1991 F(���.� CITY COI�iCIL DATE : Apri1 s, 199I qUTHOR �/_d� REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING UT�JTIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATiONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENOATION SP ��90-18 Humberto Martinez To increase the allowable lot coverage by 4� from 40% to 44%. 7786 Beech Street N.E. 14,320 square feet M-2, Heavy Industrial M-2, Heavy Industrial to the south, north, west, and east Yes Yes Denial Approval � �_ i i —� / SP ��90-18 Humberto Martinez �Ml� K A COMNLII�ON Of �«OS IS . 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Y � ' .'' .-\ O �r Wt � .'J � ..:� � 1JA"�i /O �. .�� •��OQ• •'�' �n. i,�. � \2N0;,� _ '\ , O `I` �IL'''_� �' .i�}O: W ?F� ,}i• } ��-P ',: -•��� °+ � ADD. •' . ;. • `. � ;7i' ����. \ � � [s {( �: `-� �i .� l.-. x::: ��,(54��, ` i - - �' COqNEN ''�✓) ' + � 'E• NfR .J �• •'1.�'� SE�;;�n -. 43 �' 44 �; =�;,. 8 � µ..;;. ,�''�:;:: �'�z;-:;: - - �: _ 5B L OCATION MAP ��� � ■ tt'Irs: •� V t� 0 1� / � i , ► 1, � � �; `� ��:�e E a�. : SP 4�90-18 Humberto Martine � TTTI't . . . //J/ r 7 W � res 0 � �_ . . �.1 :!. •' • � i'? �. ���a���• Z • r • • p i�' 139 ���� � . • �y�,�►' • ;, 2 '•�,� . .�•�� > � • • � • • , � •. •. •.�7 � �'3r1L f/Adl� : � ;�� 5C ZnNIN[� M � p I Staff Report SP �90-18, Humberto Martinez Page 2 Rec�uest The petitioner, Humberto Martinez, is requesting that a special use permit be granted to increase the allowable lot coverage by 10�, from 40� to 50� maximum. This would allow Mr. Martinez to construct a 3,500 square foot addition to his existing building located on Lots 1 through 5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. The petitioner has also applied for several variances in order to construct the addition which the Appeals Commission recommended denial of to the City Council. Site Located on the property is a two story single family dwelling unit which is attached to a concrete block building which is used as an assembly and warehouse facility. To the rear and side of the property is a fenced storage area, which the petitioner is proposing to enclose. The property is zoned M-2, Heavy Industrial as are the surrounding properties to the north, south, east, and west. Analysis The City Council recently adopted Section 205.18.03.C.(4) which would allow a 10� increase in lot coverage with a special use permit. The code section sets forth two standards which should be evaluated prior to the issuance of a special use permit: 1. For existing developed properties, the total amount of existing hardsurface areas should be evaluated to determine whether a reduction in the total building and parking coverage can be achieved. In this particular request, there would not be a reduction in building and parking coverage. The petitioner is proposing to increase the lot coverage by 10� and the total amount of green area available on the site would be reduced. 2. The petitioner shall prove that all other ordinance requirements are met, including but not limited to, parking, storm water management, and landscaping. Currently, the use of the building requires seven parking spaces based on the various parking ratios outlined in the City's zoning code. However, if the use should change and the amount of manufacturing square footage increases, the property would not be able to provide parking for more than ten cars if the proposed addition is constructed. In addition to lack of available parking 5D Staff Report SP #90-18, Humberto Martinez Page 3 area, the amount of green space which remains would not be adequate to provide area for storm water retention or detention basins, and would decrease the amount of area that water would be able to infiltrate into the soil. There is also currently little area on the site for landscaping and green space. Recommendation and Stipulations for December 12. 1990 As the property would not fulfill the standards outlined in Section 205.18.3.C.(4).(a-b), staff recommends that the Planning Commission recommend denial of the request to increase the allowable lot coverage by 10�, from 40$ to 50� to the City Council. Revised Request Per the Planning Commission's recommendation, the petitioner has submitted a new site plan which reduces the maximum lot coverage from 50� to 44�. The petitioner still needs a variance to reduce the side yard setback from 20 feet to 0 feet. Though this request has less of an impact on the site than the original request, there is still the possibility that this request would be over-building the site. The proposed expansion would maintain a 32 foot rear yard setback, where a drainage/retention pond could be maintained. However, if the use of the building changed to primarily manufacturing, this same area would need to be used to provide additional parking. Recommendation The site with the new proposal would not meet all the standards outlined in Section 205.18.03.C.(4)(a-b). Staff recommends that the Planning Commission recommend denial of the request to increase the allowable lot coverage from 40� to 44� to the City Council. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulation: 1. The petitioner shall sign a restrictive cavenant limiting the use of the addition to the warehouse. Staff Report Update The Planning Commission directed staff to research the parking and drainage issues further. The parking needs for specific uses are as follows: 5E Staff Report SP #90-18, Humberto Martinez Page 4 Square Feet Warehouse Manufacturinq Office Existing: 4,860 2.43 12.15 19.44 Addition: 1,440 .72 3.6 5.76 Total 6,300 3.15 15.75 25.20 If the building were to change use to manufacturing, 16 spaces would be required. The site could only provide 13 spaces. Storm water would either collect in the southwest corner of the property if the rear yard remained unpaved, or would flow into the 78th Avenue if it were paved. The storm water system would then dispose of the runoff. Cit� Council Recommendation Staff recommends that the City Council deny the request as it does not meet all the standards outlined in Section 205.18.03.C.(4).(a- b) . 5F i r . f . �. . . � . . . ..: � - - - - - --- � �. ! � � ��� �� ' �� � .r ' ..�r �r- �� ' �.r - ' ! � I ; � �.ro ,� r�� ,. , , �, , i �� .�,� ; I�� � I � ,M . i . ' , �� ; � � �n � m � I � , ; ' � , � I . ���-; ; �� �:� � � .� _ � -�,; � -�. -- , ; � �� � � { � � N f � � — - I U� m 1 � . � � , � �_ . � . . �, � _-- �� �,IL, �„ r , ;c� a ' � T T • � � J �G � 1 �- ,. ,�. SP 4�90-18 Humberto Martinez t ' __� �. — � � � .�. f m ��� � � � � -� � 'v ' I _`,_ � � �, ' � � ! � � � � r.-�!--� , � I� : � � � � ; � � I ch ^� L� 1 �; � � �� r � � � 1. , l_ .l.J f ( i � � 1 ; � � Ic� m �. � � � i � - - -- �, �� � • � i _ � . . ._ .. fi � _�� � . �t'.�.(� t �� 17 r . ■ . �. � ' , ORIGINAL SITE PLAN a� � c a� Q t � ao ti � C � f 0 � m � ' Z � � Beech Street i� -� � � � -� m � w � � � � ti � m� � � � � � m , � - � - ---- --. _ _ . _ . _ ---� 5H � � � , i � z ���- NEW SITE PLAN ��� � � � �= �c���,� 6431 �ITY AVENUE N.E. F'RIDLEY, 1�T 55432 (612) 571-3450 �� i� iii �� �: •� n a � a.� . �i� ci BP�L USE PE[t�T AFPZ.IC�iTIOId Ft3RNi PRDPIIn.'Y II��1 - site plan z�equired,..for suba►ittals: see attac�ed 'eq .. 1�dres.s: ���� �J?.,Q,�.OL ���Y��e�"' - � ; - � � � � �,. . �,: �: _, . . ..� ... .. . • .. , � . �.. .. . I�agdl descs'lj7tlOri: _ � - c: I,at � B1ocJt �.0 ; Tract/Ad�dit3.ori �v�a.�,J� Y-,f�ddv-�ta-,n, C�.irrnnt zoning: i�-'�� 1 Reason for s�pecial use p Section of City Qode: �c FEE dWl�t II��O�TI�J (�ntract Purchasers: Fee Owners naast sign thi.s form prior:to Prooessix�g) N�1ME �v w.��t1� �1�G r� v` --t_ AD�S `1-1 ��o - t3Qe.c�l. �- �'� SS�k�Z r. r• -� DAyTIl� pFi�IE S'"i t� 2ov , : DATE l �-- 1 �f �-�t �� , >.. , f.;,, ; , _. PETITI�it II�1E�Oi2MATI�1 �` � . sr .� , N�ME -�7v-.�� � �-' .. . �� AD�S , _ , . . ; � ; . < �� : L1AY'rIl� PHONE � � . � `- :; .., , . ,: SIC3�ZURE . - �� ......r.r.r... ....., _.......::..,...� .r.r...............,..,...... Fee: $200.00 ' �C . , . . �, �$100. 00 � �for residerit].a1 seoor�d aoc�essoly buildi.ngs �t� sp #����� 9��— l8 �� �� # � �.� ��.�`� 3 � � Application reoeived by: i���D�t,da,r( � : srheaul�a Planning �►issiom aate: Jv I Z•90 Scheduled City �nuicil date: 5i �� T i CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBLR 12� 1990 CALL TO ORDER' Chairperson Betzold called the December Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Don Betzold, Dean Saba, Diane Savage, Paul Dah� Dave Kondrick, Conni� Modig 12,� 1990, Planning Sherek, Others Present: Barbara Dacy, Pla ing Coordinator Michele McPherso , Planning Assistant Iiumberto Martin z, 7786 Beech Street N.E. APPROVAL OF NOVEMBER 4 990 P NG CO SS O MI T S: MOTION by Ms. Sherek, seco ed by Mr. Dahlberq, to approve the November 14, 1990, Plannin Commission minutes as written. UPON A VOICE VOTS, ALL OTING THE MOTION CARRIED IINAN OIISLY. 1. 2. AYE, CHAIRPERSON B$TZOLD DECI,ARED PUSLIC HEAKING: CVI�151ur:ttA'1'1v1v c�r- A �vri��� � r� ��-�� y= CRYSTEEL TRUCK UIPMENT: To rezone that part of the east 225 feet of the west 475 feet of the north alf of the northeast quarter of the southwest quarter of ction 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast arter of the southwest quarter, from M-1, Light Industri , to C-2, General Business, the same being 1130 - 73rd Av ue N.E. yV� OY �.tCi.711'+r+L lnvt.i� r+ vira•aLa�i. Per Section 205.17.01.C.(11) of the Fridley City Code, to al ow exterior storage of materials and equipment on that part o the east 225 feet of the west 475 feet of the north half f the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, the same being 1130 - 73rd Avenue N.E. 5J Ms. Dacy stated that the petitioner has ested that these two items be tabled until January , 991. MOTION by Ms. Sherek, se ded by Mr. Saba, to table rezoning request, ZOA �90-0 nd special use permit request, SP #90- 19, by Crystee ruck Equipment until January 9, 1991. IIPON OICE VOTE; ALL VOTING AYE� CHAIRPERSON BETZOLD D RED THE MOTION CARRIED IINANIMDIISLY. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #90-18, BY HUMBERTO MARTINEZ: Per Section 205.18.03.C. (4) of the Fridley City Code, to allow the lot coverage to be increased from 40$ maximum to 50� maximum, on Lots 1 through 5, Block 6, Onaway Addition,. generally located at 7786 Beech Street N.E. MOTION by Ms. Sherek, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING OPEN AT 7:35 P.M. Ms. McPherson stated the petitioner is requesting a lot coverage increase from 40� maximum to 50� maximum. This increase would allow the petitioner to construct a 3,500 sq. ft. addition onto the existing building. The property is zoned M-2, Heavy Industrial, as are the properties surrounding this property. Ms. McPherson stated a two story single family dwelling unit is located on the property. This dwelling unit is attached to a concrete block building which serves as a warehousing and assembly facility for Mr. Martinez' business, which is Food Process Control. An existing fenced outdoor storage located to the rear and side yards is where the petitioner is requesting to construct the addition. Ms. McPherson stated the City Council recently adopted an ordinance amendment which would allow a 10� increase in lot coverage in industrial districts with a special use permit. There are two standards that need to be evaluated prior to the issuance of a special use germit. Those standards are: 1. For existing developed properties, the total amount of existing hard surface areas should be evaluated to determine whether a reduction in the total building and parking coverage can be achieved. In this particular request, there would not be a reduction in building and parking coverage. The r� ►� PLANNING COMMISSION MEETING, DECEMBER 12. 1990 PAGE 3 petitioner is proposing to increase the lot coverage by 10� and the total amount of green area available on the site would be reduced. 2. The petitioner shall prove that all other ordinance requirements are met including, but not limited to, parking, stona water management, and landscaping.- Ms. McPherson stated that the building currently requires 6.89 parking spaces based on the warehousing and manufacturing ratios outlined in the M-2 district regulations. However, there is always the chance that this particular use could change and a use higher in manufacturing or office space than warehousing spac� could change the required amount of parking needed for this property. Currently, there is an area for approximately 10 cars to park on the driveway which fronts Beech Street. However, if more than 10 spaces were required by the ordinance, there would not be adequate area with the proposed addition for those additional spaces. In addition, the proposed addition would greatly reduce the green area or open space available on site which would be normally used for storm water detention and area for water to infiltrate the surrounding soil. As this building exists, there is little or no area for landscaping and green space. . Ms. McPherson stated staff is recommending that the Planning Commission recommend denial of this special use permit as the request would not meet the standards outlined under Section 208.18.03.C.(4).(a-b) of �the Zoning Code to allow a 10� increase in the maximum lot coverage. Mr. Dahlberg stated asked if staff has looked at this request from the standpoint of a lesser increase in maximum lot coverage so that if the Commission recommends denial, would the petitioner still have the ability to potentially add onto this property? Ms. McPherson stated that currently the building does not meet the 40% lot coverage. The petitioner could add about 1,900 sq. ft. to increase the lot coverage to 40� without a specia7. use permit. Staff has not discussed that option with the petitioner. Ms. McPherson stated that in order for the petitioner to expand the building to the 50� lot coverage as requested, the petitioner did go to the Appeals Commission for several variances to reduce the side and rear yard building setbacks. The Appeals Commission did recommend denial of those particular variances to the City Council. Even though she had not done a specific analysis, the 1, 900 sq. ft. addition to come to the 40� lot coverage may also require some type of variances. Mr. Humberto Martinez stated he is presenting his request to expand his building because he needs to get the materials needed for his business inside. These materials which are used in the processing 5L PLANNING GOMMIBSION MEETING, DECEMBER 12. 1990 PAGE 4 plants he services are relatively expensive, and these materials have been stolen from the storage area, even though it is fenced. Mr. Martinez stated this is a very old section of Fridley, and the lot sizes do not and cannot conform with the existing codes. His property was originally two lots. His neighbor to the south has only about 9,600 square feet or 30� of the lot remaining in open space. This neighbor has also built right up to the lot line. He is proposing to build 8 feet from the lot line. Mr. Martinez stated his addition is not going to cause any parking problems. He will have adequate parking for his business. There will be adequate space for fire trucks to access the building. Most importantly, he needs to save his business from these thefts. Mr. Betzold stated that if this special use permit is granted and this addition is added to the building to accommodate Mr. Martinez' present business, it might be very difficult for Mr. Martinez to sell the building in the future, because there might not be enough parking spaces for a change in use of the building. He asked Mr. Martinez if he realized that he could be stuck with a building that he could not sell. Mr. Martinez stated he understood that. Any potential buyers would have to see that there are limitations on the use of this building. He purchased this building four years ago and does not plan any change in the use of the building. Ms. Dacy stated the Onaway Addition has been pl.atted since 1911. A number of the buildings in this area were constructed in the late 1950's and 1960's. For the Stock Roofing special use permit request that the Planning Commission evaluated last summer, staff did an analysis for the petitioner on the number of variances granted just in this particular area. Setback variances have been granted for almost every property; and, as Mr. Martinez said, a number of the buildings in this area have been built to the zero lot line. Ms. Savage stated there are alternatives to controlling theft in outdoor storage areas. One way is to install a type of moving alarm system. If the petitioner was able to control the problem of theft, would he be able to continue keeping the materials outside? Mr. Martinez stated an alarm system is certainly something to consider; however, in the wintertime, these materials freeze. He has been renting trailers to keep some of these materials inside. Mr. Martinez stated that if he is kept to the setback restrictions and lot coverage, he would only be able to add about an 8 foot strip to the rear and sides of his building. That is not very feasible, because of the high cost of construction. 5M PLANNING COMMISSION MEETING. DECBMBER 12. 1990 PAGE 5 Ms. McPherson stated Mr. Martinez could construct a 1,951 square foot addition to bring the building to 40� lot coverage. This is a little more than 1/2 of the si2e proposed by Mr. Martinez. However, variances may still be needed. Mr. Dahlberg asked Mr. Martinez that if he is allowed to build an additional 1,951 square feet (40� lot coverage) and is able to get the necessary variances, would that size an addition be sufficient to meet his needs? Mr. Martinez stated he has not given it much thought. He stated he is definitely willing to meet with staff and find out what is the maximum size addition he can build that is economically feasible. Mr. Saba asked Mr. Martinez if he has considered off-site storage. Mr. Martinez stated he has had to store materials off-site in the past, and it is not good for his business. The reason he purchased this building is so that he could have all his materials stored on- site. With his type of business, when the customers need parts, he needs to access those parts immediately. Mr. Saba stated that sometimes it is necessary for a business that has limited space to either look at off-site storage of some inventory or look into purchasing another building. He stated the City would like to accommodate Mr. Martinez as much as possible, but they also want to keep properties, even properties in the older sections of the City, as close to meeting codes as possible. Mr. Betzold stated he agreed with Mr. Saba. He definitely had a problem with going to 50$ lot coverage. Mr. Martinez stated he is willing to rework his plans with staff and see if there is some reasonable alternative. However, he did have some questions about other buildings in the area that have been allowed to build to zero lot line and have gotten variances for setbacks and lot coverage. MOTION by Ms. Sherek, seconded by Mr. Saba, to table special use permit, SP #90-18, by Humberto Martinez, to allow the petitioner time to work with staff on expansion alternatives. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED QNANIMOIISLY. 4. RECEIVE THE OCTOBER 16 1990 ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Dahlberg, seconded . Saba, to receive the October 16, 1990, Environment uality and Energy Commission minutes. - � / 5N PLANNING COMMISSION MEETING, DECEMBER 12. 1990 PAGE 5 QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED T8E MOTION CARRIED IINANIMOIISLY. 5. C'� 7. 8. MINUTES: MOTION by Ms. Sherelt, seconded by Mr. : November 1, 1990, Human Resources Commi� IIPON A VOICE VOTE, ALL VOTING AY , DECLARED THE MOTION CARRIED IINANIMOII LY. COMMISSION MINLTTES: MOTION by Mr. Saba,.seconded November 7, 1990, Environment minutes. IIPON A VOICE VOTE, ALL DECLARED THE MOTION CARRI �Sa, to receive the ion minutes. CHAIRPERSON BETZOLD �Mr. Dahlberg, to receive the Quality and Energy Commission �TING AYE, CHATRPERSON BETZOLD IINANIMOIISLY. AUTHORITY MINUTES: MOTION by Ms. Savage seconded by Ms. Sherek, to receive the November 8, 1990, H sing & Redevelopment Authority minutes. IIPON A V4ICE VO , ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOT N CARRIED UNANIMOIISLY. MOTION by Ms� Savage, seconded by Mr. Saba, to receive the December 4, 990, Appeals Commission minutes. IIPON A VO,�CE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED 7Y�iE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT: MOTION by . Dahlberg, seconded by Ms. Savage, to adjourn the meeting. pon a voice vote, all voting aye, Chairperson Betzold declared e motion carried and the December 12, 1990, Planning Commissi adjourned at 8:20 p.m. Re�pect,�ully sul�mitted, Ly�h}� Saba � Reco�rding Secretary 50 �� , ■ � CITY OF FRIDLEY PLANNING COMMISSION MEETINC:� MARCH 27, 1991 CALL TO ORDER• Chairperson Betzold called the March 27, 1991, meeting to order at 7:30 p.m. � ROLL CALL: ing Commission Members Present: Don Betzold, Dean S a, Sue Sherek, Diane Savage, Connie Modiq, Br Sielaff Members Absent: Others Present: Dave Barbara cy, Community Development Director Michele cPherson, Planning Assistant Humbe o Martinez, 7786 Beeeh Street N.E. Dav' McCain, 689 Fairmont Street N.E. R dall Olchefske, Riverside Car Wash � teve Bruns, 1900 Silver Lake Road, New Brighton MoTION by/Ms. Sherek, seconded by Mr. Saba, to approve the March 13, 19 � Planning Commission minutes as written. !'A VOICE VOTE, ALL VOTING AYE� CHAIRPEIt30N BETZOLD DLCLARED MOTION CARRIED IINANIMOIISLY. 1. CONSIDERATION OF A SPECIAL USE PERMIT SP #90-18 BY HUMBERTO MAR.TINEZ, PER SECTION 205.18.03.C.(4) OF THE FRIDLEY CITY CODE, TO ALLOW THE LOT COVERAGE TO BE INCREASED FROM 40� MAXIMUM TO 44� MAXIMUM ON LOTS 1 THROUGH 5 BLOCK 6 ONAWAY ADD_I_TION, GENERALLY LOCATED AT 7786 BEECH STREET N E: (Tabled December 12, 1990 - Public Hearing open) MOTION by Ms. Savage, seconded by Ms. Sherek, to remove Special Use Permit, SP #90-18, from the table. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the property is located at the southwest corner of 78th Avenue and Beech Street in the Onaway Addition. The property is zoned M-2, Heavy Industrial, as are the properties to the north, south, east, and west. 5P PLANNING COMMISSION MEETING. MARCH 27. 1991 PAGE 2 Ms. McPherson stated the request is to increase the maximum lot coverage from 40� to 44� which has been revised from the original request to increase the lot coverage from 40� to 50�. On December 12, 1990, when the Planning Commissian reviewed this request, the proposed e�cpansion was both to the south and also to the west, which would have required a reduction in the side yards from 20 and 25 feet to 8 feet. The petitioner has revised the request to expand the building only to the south property line. The petitioner has also requested a variance to reduce the side yard setback from 20 feet to 0 feet. On March 26, 1991, the Appeals Commission voted to recommend to the City Council approval of the variance request to reduce the side yard setback from 20 feet to 2 feet for this particular proposal. Ms. McPherson stated that in the industrial section of the Zoning Code, Section 205.18.03.C.(4), there are two standards that must be met before a special use permit can be granted to allow the lot coverage to be increased over 40�. While the new request only increases the lot coverage to 44$, there are still questions as to whether or not the site would be able to meet the detention and retention requirements and additional parking requirements, should the primary use of the faciZity change from the current warehouse use to either manufacturing or office and manufacturing. It is possibie that the area to the rear of the building which the petitioner is reserving could hold an additional six parking spaces; however, there would then be less area for detention of stormwater as per the City's requirements. Ms. McPherson stated staff still believes the proposed request would not meet a11 the standards in the Zoning Code and, therefore, recommends that the Planning Commission recommend to the City Council denial of the request to increase the allowable lot coverage from 40$ to 44$. Mr. Martinez stated that at the December 12, 1990, Planning Commission meeting, the Commissioners suggested that he come up with a compromise, and the reduction in lot coverage from 50� to 44$ is the compromise he is requesting. He is just asking that he be allowed to expand his business. He wanted to emphasize again that this is an old section of Fridley in which a lot of the buildings are not in compliance with existing codes. At the time many buildings were built, the codes did not exist. Mr. Betzold asked Mr. Martinez if this is the minimum expansion he can do and still make it economically feasible. Mr. Martinez stated that is correct. 5Q s PLANNING COMMIBSION MEETING� MARCH 27, 1991 PAGB 3 Ms. Savage stated that at the Appeals Commission, she was very reluctant to vote in favor of the variance request. She stated Mr. Martinez has made an attempt to camply with the Code. He has reduced the size of his addition considerably, and has provided some space at the rear of the building for parking that was not there in the original proposal. Her biggest concern is that there is a lot of nonconformity in this area, but that doesn't mean they should continue that nonconformity. Mr. Martinez stated the area to the rear of the building will be left grassy or gravel for a parking lot, so there should be no additional drainage problems. He stated 40$ lot coverage is allowed, and he is only asking for 44�. Some buildings in this area have 60� lot coverage and more. Mr. Betzold stated he is not very comfortable making a decision on this special use permit until the Commission knows more about whether there is sufficient or insufficient area for water retention. Ms. McPherson stated she believed that if the rear of the property is not needed for parking, there is adequate area to create a detention facility. The issue rises when the building changes owners and changes use, and then there is a conflict over where the extra spaces are created and where the detention facility is maintain�d at the same time. Mr. Sielaff asked about the nonconformity in this area. Ms. Dacy stated that at least 80� of the properties in the Onaway Addition have been granted some type of variances. The Onaway Addition was platted in the earl.y 1900's, and the lot sizes are less than 20,000 sq. ft. There is no way for the properties to meet the standards for the M-2 district which is set up for 1 1/2 acre lots. A number of the buildings were constructed in the early 1960's, some constructed in the 1970's, and a lot of them have been issued variances. Ms. Savage stated Mr. Martinez' existing building is nonconforming, and part of the variance request is to bring the existing building into conformity. Staff recommended in favor of that. Ms. Modig stated that if the property changes use and there are future parking problems, is there any way to prevent future variance requests on that property? Ms. Dacy stated that the Planning Commission or the City Council could not bind a future Council on a future variance request. Anyone has the right to request a variance. At the 5R PLANNING COMMIBSION ME$TING, MARCH 27, 1991 PAGE 4 December meeting, the Planning Commission discussed the possibility of placing a covenant restriction against the addition requirinq that the addition always be used as warehouse space. There still is the possibility if the other part of the building changes to a manufacturing use that parking is going to be tighter, but now_there is the back portion of the lot� to accommodate six additional spaces. Before this item goes to City Council, staff wiZl analyze the parking requirements. If the addition is reserved for storage use only, the petitioner might be able to meet the parking requirements. That would also give the petitioner some flexibility in a resale. Ms. Sherek stated another question is: Realistically, is there a stormwater detention problem in this specific area of the City? When she looked at the property in December, she did not think that detention would be a problem and would not be a nuisance to someone else. She would be in favor of letting Mr. Martinez expand his building with the restriction of the use on the expansion, but staff should make sure that they are not facing any potential water problems with the additional lot coverage. Mr. Betzold stated he is uncomfortable passing this on to Council without more infonaation on the water detention and retention; however, if staff does find a problem, he would like the special use permit to come back to Planning Commission. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PQBLIC HEARING CLOSED AT 7:55 P.M. Mr. Saba stated he would be in favor of recommending approval of the special use permit with a stipulation regarding the covenant restriction on the addition and that the drainage issue be reviewed for any potential problems. He stated Mr. Martinez has done what the Planning Commission asked him to which was to review his proposed plans and try to come np with a compromise. Ms. Sherek stated Mr. Martinez has made a reasonable attempt to accommodate the Commission's and City's concerns, and the Commission should make a reasonable attempt to accommodate Mr. Martinez. MOTION by Mr. Saba, seconded Ms. Sherek, to recommend to City Council approval of Special Use Permit, SP �90-18, by Humberto Martinez, per Section 205.18.03.C.(4j of the Fridley City 5S 0 t PLANNING COMMIBSION MEETING, MARCH 27, 1991 PAGS 5 2. Code, to allow the lot coverage to be increased from 40� maximum to 44� maximum on Lots 1 through 5, Block 6, Onaway Addition, generally located at 7786 Beech Street N.E., with the following stipulations: 1. A covenant restriction be placed on the property that any future use of the expansion be for warehouse use only. 2. If the City Engineering staff finds any major water retention problems created by the parking situation, then the special use permit will again be reviewed by the Planning Commission. IIPON A VOICB VOTS, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the variance request and special use permit request will go to Council on April 8, 1991. � L10 iilllil v1V lAJTa� 1/�L V ISJ�IJ(:1� ' BEING 689 FAIRMONT STREET N E MoTION by Ms. Modig, seconded by Ms. Sh ek, to waive the reading of the public hearing notice d open the public hearing. IIPON A VOICE VOTS, ALL VOTING � CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND PIIBLIC HEARING OPEN AT 8:00 P.M. Ms. McPherson stated the s cial use permit request is to allow the construction of addition to a single family home in the CRP-2 Flood Fring District.� The property is zoned R- l, Single Family Dwell' g, as are the properties to the north, south, east, and wes . Currently located on the property is a single family dwe ing unit and a 12 ft. by 20 ft. accessory structure. Ms. McPherso� Commission reduce th fr propose add� the ad tion. �/ stated that on March 12, 1991, the Appeals :commended approval of a variance request to �nt yard setback from 35 feet to 24 feet for the tion, with the exception of the garage area of Ms. cPherson stated the proposed addition will include a two c garage, two bedrooms, and a living area. The building ill not have a basement, but will have a crawl space. This 5T r � � I DATE: TO: FROM: SIIBJECT: Community Development Department PI.��NNING DIVISION City of Fridley March 27, 1991 � � William Burns, City Manager � � Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #90-31, by Humberto Martinez Attached is the above referenced staff report. The Appeals Commission voted unanimously to recommend approval to the City Council of the following variances to correct existing conditions at 7786 Beech Street N.E.: 1. 2. 3. 4. 5. To reduce the minimum lot area from 1 1/2 acres to 1/3 acre; : . To reduce the required lot width from 150 feet to 88 feet; To reduce the side yard setback on a corner lot from 35 feet to 8 feet; To reduce the parking setback from 20 feet to 8 feet; To reduce the side yard setback from 20 feet to 2 feet. The Commission also recommended to the City Council approval of the variance for a proposed addition: 1. To reduce the side yard setback from 20 feet to 2 feet. Staff recommends that the City Council approve the variance requests for the existing conditions but deny the variance request for the proposed addition. MM:ls M-91-214 � � � C[TY OF FRlDLEY REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION STAFF REPURT APPEALS DATE : March 26, 1991 PLANNING COMMISSION DATE CITY COIAVCIL DATE: �pz;.l s, »9 i_ SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UT�ff IES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES � ZONpVG ENVIRONMENTAL GONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSlON RECOMMENDATION � #90-31 Htm�berto Martinez See public hearing notice 7786 Bee�rh Street N.E. 14,320 sq. ft. N�-2, Heavy Industrial Nf-2, Heavy Industrial to the N, S, E, & �d Approval, partial Denial, partial . � .�,T� �� � � /t f J VAR ��90-31 Humberto Martinez �Ma K . :o.vuuar+ a aKO+eos .s T. 30, R. 24 ,�.,�� �,�.� �,MY� OI'HiCEf �ffERU/G 1NE �� yIOW!v rws de.wa�w a ro u wtc u�r i.aQ REfLRENC( MY/� µp �� �WMy FR JO L E Y a��f fOR ANY .,: � � � � . 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R� �F` \ 't.. f� ��� �_ ri- i� - L'�w _��r,��;.��✓�. 1_ L CORNfR •' "' , .�t ' � v " �i- . . . �. �.. .! • `^- 8 43 , ��: 44 - .. 0 W � if cv � � 3�h+ W � :y .�, ►�y � 7C�t? �T: , If �" 7 ��� .��� -�%E 3 �/%f � �'1G S ,I�� 6r zz . ' -�1i • �-- ze � s � rsm: � �o 'i � ?F� . 1 ii W � .t � E _ ' SE� �'� " ' ♦. . µ s�. ♦ _ _ .M . .w� _. �:� � LOCATION MAP . �v� � , ♦ ♦ ♦ +1 , � ■ a �: � t v • 0 1�,% . � , �. k 1� � � �.J' . ��� ��e ' `: � . a �` VAR �� 90-31 Humberto Martinez ►� ...-• •-_- � / d � Y� O Z 4 % � � . J . � � � • � � ' i' "':\ ....� .....'Z l',�••�o �39 '�'� � f • �b�/�► • i � ����t'� •�s�� � • • • d • • flG \• • • � • ��7 • • • • • • � � �w,iw.t.w.� �\� "%�� �`� %�� l//./ �,� ��� %���i. ���i 6C ZnNiN[� M�1 Staff Report VAR #90-31, 7786 Beech Street N.E. Page 2 A. STATED HARDSHIP: "We need this variance to build an addition to our building for storage purposes." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner, Humberto Martinez, is requesting the following variances: 1. To reduce the required lot area from 1 1/2 acres (65,340 square feet) to 1/3 acre (14,320 square feet): 2. To reduce the required lot width from 150 feet to 89 feet; 3. To reduce the side yard setback from 20 feet to 8 feet; 4. To reduce the side yard setback on a corner lot from 35 feet to 8 feet; 5. To reduce the parking setback from 20 feet to 8 feet. The variance request is for Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street. In addition, to the variances, the petitioner has applied for a special use permit which will be heard by the Planning Commission at their December 12, 1990, meeting to allow the maximum lot coverage to be increased from 40� to 50�. Site The property is zoned M-2, Heavy Industrial, as are the properties to the east, west, north, and south. Located on the site is a two-story single family home which has had several additions to it to create warehouse and manufacturing space for the Food Process & Control Corporation. To the rear and side of the property is a fenced storage yard which the petitioner is proposing to be enclosed and would increase the total square footage of the builcling by 3, 518 sq. ft. 6D Staff Report VAR #90-31, 7786 Beech Street N.E. Page 3 Analysis Section 205.18.03.A requires a lot area of not less than 1 1/2 acres for one main building. Public purpose served by this requirement is to provide for adequate parking, open landscaped areas, and to limit congestion in industrial areas. Section 205.18.03.B requires a lot width of 150 feet at the required front setback. Public purpose served by this requirement is provide an adequately wide lot for access, separation from adjacent land uses, and to limit congestion in industrial areas. Lot Area and Lot Aidth The property has been a parcel of record since 1911 when the Onaway Addition was platted. The single family dwelling unit was constructed in 1950 and the City adopted the zoning classification of M-2, iieavy Industrial, for this property in 1958. While the lot does not meet the minimum requirements for the M-2 industrial district for lot area and lot width, to deny these variances to reduce the lot area and 1ot width would render the property nonbuildable and would, therefore, constitute a taking by the City. Section 205.18.03.D.(2) requires two side yard setbacks, each with a width of not less than 20 feet. Public purpose served by this requirement is to provide adequate open space areas around industrial structures for aesthetic and fire-fighting purposes. Section 205.18.03.D.(2).(b) requires a side yard setback of 35 feet where a side yard abuts a street of a corner lot. Public purpose served by this requirement is maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the adjacent building's front yard. Side and Rear Yard Setbacks Of the three requested variances to reduce the side and rear yard setbacks, two of the variances will be "new conditions" created by the expansion. 6E Staff Report VAR #90-31, 7786 Beech Street N.E. Page 4 The side yard setback from 35 feet to 8 feet on a side corner is an existing condition which was created when the building was expanded in the early 1970's. Staff reviewed the address file and determined that no previous variances have been granted to this property and, therefore, the Commission should grant the variance to reduce the side yard setback on a corner from 35 feet to 8 feet to bring the property into conformance with the Zoning Code. The proposed expansion will bring the building within 8 feet of the side and rear lot lines. In addition to reducing the side and rear yard setbacks, the petitioner will be increasing the lot coverage to 50.9�. To allow such a large expansion on this particular lot would eliminate any area for a storm water detention or retention basin, would reduce the amount of green area on the property, and would eliminate any potential space for additional parking if the use changes from its predominately warehouse use to a manufacturing and/or office use. By maintaining the required setbacks, the petitioner would eliminate the above conflicts. section 205.18.05.D.(5).(a) requires all parking and hard surface areas to be no closer than 20 feet from any street right-of-way. Public purpose served by this requirement is t encroachment into neighboring sight lines and aesthetically pleasing open areas adjacent to of-ways. Parkinq Setback o limit visual to allow for public right- As with the lot area and lot width variance requests, the parking setback from the public right-of-way is also an existing condition. The parking area is only an overly large driveway with space to park 10 cars and does not meet the code requirements for setbacks. The parking setback from the public right-of-way from 78th Avenue is only 8 feet, whereas the Code does require a setback of 20 feet. The parking area is adequate for the existing use; however, if the use should change to manufacturing and office use, the parking area would not be adequate to meet the code requirements for those particular uses. Recommendation - December 4, 1990 Staff recommends that the Appeals Commission recommend approval of the following variances to acknowledge existing conditions on the site: � F Staff Report VAR #90-31, 7786 Beech Street N.E. Page 5 1. To reduce the minimum lot area from 1 1/2 acre to 1/3 acre; 2. To reduce the required Iot width from 150 feet to 89 feet; 3. To redttce the side yard setback on a corner lot from 35 feet to 8 feet; 4. To reduce the parking setback from 20 feet to 8 feet. These variances are the result of an existing condition and granting them will bring the property into conformance with the M-2, Heavy Industrial District, regulations. Staff recommends that the Appeals Commission recommend denial of the following variances: 1. To reduce the side yard setback from 20 Peet to 8 feet; 2. To reduce the rear yard setback from 25 feet to 8 feet. Denying the variances would ensure that adequate area remains for storm water detention, adequate separation between uses, and area to provide off-street parking should the primary use of the building change from warehousing to manufacturing and office. Appeals Commission Action - December 4, 1990 The Appeals Commission voted 2-1 to recommend, per staff's recommendation, denial of the request to the City Council. Revised Request Section 205.18.03.D.(2) requires two side yard setbacks, each with a width of not less than 20 feet. Public purpose served by this requirement is to provide adequate open space areas around industrial structures for aesthetic and fire-fighting purposes. Upon the Planning Commission's recommendation, the petitioner has revised his request, reducing it to require only a side yard variance from 20 feet to 0 feet (see attached site plan) . The other existing conditions which required variances and which the Appeals Commission voted to recommend approval to the City Council remain the same. 6G Staff Report VAR #90-31, 7786 Beech Street N.E. Page 6 The petitioner's new request will expand the building toward the southern lot line, to a zero lot line. This expansion maintains a 32 foot setback along the rear property line. This area could then be used for drainage, storage, or additional parking (6 spaces) should the use of the building change. Recommendation While the petitioner's revised request has less impact on the site, the site is being overbuilt. Currently, the building is used primarily for warehouse space with some office space and only 7 spaces are required, which can be accommodated by the large driveway. However, if the use changed to manufacturing, 15 spaces would be required, impacting the areas to the rear which would be used for drainage, etc. Staff recommends that the Appeals Commission recommend to the City Council denial of the request to reduce the side yard setback from 20 feet to 0 feet. If the Commission chooses to recommend.to the�City Council approval of the request, the petitioner should have the adjacent property owner write a letter acknowledging the existence of the zero lot line. Appeals Commission Action - March 26, 1991 The Appeals Commission voted unanimously to recommend approval of the variance request, to reduce the side yard setback for the proposed addition from 20 feet to 2 feet to the City Council City Council Recommendation Staff recommends that the City Council approve the variances to bring the existing conditions into conformance, but deny the variance for the proposed addition. L� d i l � ; � � � ,; � ; � ►� � 1 i i i � VAR �f 90-31 Humberto Martinez . � • � \ ::;; -- - - -� . �- - — � � � �.�. _.... -.,... — — • _. ..... �... . _:: : ' I , . r �:� :� --��, i �" � , • j�� • ' � + 7 ' 1 � ' '. � �c{ck-�1 o n � , � v � t. . . �— , � , -� , .I I'' � I � � �� r n m � 1 . . i 1 �..-=--� � �x� � . �. t , -�� : : � i_:... � . e � _ � �, -- t � � j ; � F----�+ cn � � � ^' �� . N � �.. .�.' �� � , � - � :,-� , ,��. � � � r � : ti �� , i' � � V) m . 1 � � � b � , o, � _._ _ r; �� tt) � � � �� ' � T l • ,�; �� � u � _i c � �.. ! ! � ; t I f � � �. I � 1 1 � �. .. � ., � ,�, � � >�--�- � R �/�:G.t/� � �� • r� n � r � ORIGINAL SITE PLAN a� � _ > Q � � ao ti � C �---� � � � � �---� � Z � � �� w � � � c.a..� 1'tiJ �+ VAR ��90-3 i O tA Beech Street r > C � � � pp _._"'__ _'. _ ._.. . -� 1 6J ;� � � � � � � �� ca —+a I I � 1 � ' � I I , NEW SlTE PLAN CT�'Y OF' FRIDS�Y 6431 t�iIVIIiSITY AVII�IUE N.E. FRIDLEY, I�i 55432 (612) 571-3450 �� n in �� �' .� n a � a.� _ •n a --�-�_ .....w..,�........ VARIAAIC.'E AP'PTaI(�TI0�1 1�DIi'�i �..........,..... r...... r.. PtmPEttT�t II�TIo�I - site plan required for sti�bmittals: see attac�ed y.�.~ 7�cldress: "1'3 8G F3 e.ec� g'� • i.1 E, Legal de.scription: Lat BtocJc Tract/Additi� l� � `310 Q1rre�t Zotlitlg: �"�. Squ�are footage/acr�eage ��'ti32 C.� ��' Reason for vari�rx�e ar�d ha,��h;p: �.,���osV t� Sectio� of City Cbde: FEE aWI�It IPIIFiDit�ZZ�1 .--...�.��_..�___ (Oo�tract Pur�: Fee Own�xs meu.st sign this form prior to prooes.sir�g) � �v�be�a �+cir���.az �ss _ �t? g� P� Q�a.�c� � • . r� �rti�� �-�l � 5 5+�'3�- nAx�rn� Pxor� _ 5 7 i�2 00 �� c,►: , ,- � ��i���►d �-rrri� n��a�r -----� .�.___.....,� � _ �G_w.,Q� - p�DDRESS • r. ►• � I1�YTII�fE PHC)1VE _ 51 [(�: 2 U t7 n� t�t�j�� Fee: $100. 00 .�..,........�._._.� .._______...,...._..___� $ 60.00 for residenti.al properties Piermit VAR # _ ��_,�.Y,� R�oeipt � � Application reoeived by: �-{�{� Sc�eduled Appeals �iari date: l � -- � �(`� Scheduled City �icil date: ��' �' � 7- �(� 6K CITY OF FRIDLEY APPEALS COMMISSION MEBTING� DECEMBBR 4� 1990 NA1�A��►�wq V N�►�NIY��M�►A�Mw�►S�MMM�NMM�Nw��M�NMM�YNNti���Y�►�M�►�w�►NM�Y�M�M��►�� CALL TO ORDER• Chairperson Savage called the December 4, 1990, Commission meeting to order at 7:35 p.m.. �OLL CALL• Members Present: Members Absent: Others Present: Diane Savage, Ken Vos, Larry Kuechle Cathy Smith Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant APPROVAL OF OCTOBER 30. 1990. APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Dr. Vos, to approve the October 30, 1990, Appeals Commission minutes as written. IIPON A VOICE VOTE� ALL VOTINt3 AYE, CHAIRPBRSON BAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. CONSIDERATION OF VARIANCE REOUE5T, VAR #90-31, BY HUMBERTO MARTINEZ• 1. 2. 3. 4. 5. 6. Per Section 205.18.03.A of the Fridley City Code, to reduce the required lot area from 1 1/2 acres (65,340 square feetj to 1/3 acre (14,320 square feet); Per Section 205.18.03.B of the Fridley City Code, to reduce the required lot width from 150 feet to 89 feet; Per Section 205.18.03.D.(2) of the Fridley City Code, to reduce the side yard setback from 20 feet to 8 feet; Per Section 205.18.03.D.(2).(b) of the Fridley City Code, to reduce the side yard �setback on a corner lot from 35 feet to 8 feet; Per Section 205.18.p3.D.(3) of the Fridley City Code, to reduce the rear yard setback from 25 feet to 8 feet; Per Section 205.18.05.D.(5).(a) of the Fridley City Code, to reduce the parking setback from 20 feet to 8 feet; 6L APPEALS COMMISSION MEETING, D$CEMB$R 4. 1990 PAGE 2 To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. (Food Process & Control). MOT ON by Dr. Vos, seconded by Mr. Ruechle, to open the public hearing. • IIPON A VOICE VOTE, ALL VOTING AYL, CBAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND T8E PIIBLIC HEARING OPEN AT 7:37 P.M. Ms. McPherson stated this property is located at the intersection of 78th Avenue and Beech Street. The property is zoned M-2, Heavy Industrial, as are the surrounding properties. Ms. McPherson stated that located on the property is a two-story single family home which has had several additions to it to create a warehouse and manufacturing space for the Food Process and Control Corporation. To the rear of the main house and storage area is a fenced storage area that the petitioner is requesting variances for in order to enclose that space and to aliow the building to encroach within 8 feet of the property line. Ms. McPherson stated that in addition to petitioner has applied for"a special use maximum lot coverage to increase from 40� to district. Lot Area and Lot Width Variances the �variances, the permit to allow the 50� in an industrial Ms. McPherson stated this property has been a parcel of record since 1911 when the Onaway Addition was originaZly platted. The single family dwelling unit was constructed in 1950 and in 1958 the City adopted over that particular parcel the M-2, Heavy Industrial, zoning classification. This property does not meet the minimum standards for the M-2, Heavy Industrial district, for lot width or lot area; however, to deny these two particular variances would rende� the property nonbuildable and would therefore constitute a taking by the City. Staff would recommend that the Commission approve the two variances to reduce the lot area and the lot width. side and Rear Yard Setback Variances Ms. McPherson stated there are several variances regarding side and rear yard setbacks, two of which are created by the expansion. The side yard setback to reduce the side yard from 35 feet to 8 feet on a corner lot is already an existing condition. Staff is recommending the Commission recommend approval of this variance as it is an existing condition and would bring the property into conformance. L�1 l'� I APPEALS COMMIBSION MEETING. DECBMBER 4. 1990 PAGE 3 Ms. McPherson stated that the other two side yard and rear yard variances occur if the petitioner is allowed to expand the building. The expansion brings the building to within 8 feet of the lot line at both the rear and side (southj property lines. Granted, if the variances are denied, the proposed building expansion would not be as large as the petitioner has requested; however, there is still area for the petitioner to expand his building for additional storage space. For these reasons, staff is recommending that the Appeals Commission recommend denial of the two variances to reduce the side yard and rear yard setbacks to 8 feet. Ms. McPherson stated the last variance is to reduce the parking setback from 20 feet to 8 feet. The parking area occurs at the front of the building which is like a very larqe many car driveway and which would allow approximately ten cars to park. The parking area is an existing condition; and if it was built unc�er today's code would require a setback of 20 feet from the lot line. Staff is recommending that the Appeals Commission recommend approval of this variance. Ms. McPherson stated that in addition to the fact that the petitioner has a second alternative for the building expansion, the parking area is only adequate for the existing use. Should the use change to manufacturing or office use in the future, the parking area would not be adequate to meet the code requirements for those particular uses. By denying the variances, the Commission can ensure that there is adequate area for additional parking, should the petitioner or some future tenant require more parking. Ms. McPherson stated that, in summary, staff recommends that the Appeals Commission recommend approval of the following variances to acknowledge existing conditions on the site: 1. To reduce the minimum lot area from 1 1/2 acre to 1/3 acre; 2. 3. To reduce the required lot width from 150 feet to 89 feet; To reduce the side yard setback on a corner lot from 35 feet to 8 feet; 4. To reduce the parking setback from 20 feet to 8 feet. These variances are the result of an existing condition and granting them will bring the property into conformance with the M-2, Heavy Industrial District, regulations. Staff recommends that the Appeals Commission recommend denial of the following variances: sN �PPEALS COMMISSION ME$TING, DECEMBgR 4. 1990 PAQE 4 l. To reduce the side yard setback from 20 feet to 8 feet; 2. To reduce the rear yard setback from 25 feet to 8 feet. Denying the variances would ensure that adequate area remains for storm water detention, adequate separation between uses, and area to provide off-street parking should the primary use of the building change from warehousing to manufacturing and office. . Mr. Kuechle asked staff how many parking spaces are required for the building as it exists and how many parking spaces would be required with the proposed expansion. Ms. McPherson stated the existing building is approximately 5,000 sq. ft, of warehouse space; and with the additional space, the petitioner would need 6.9 spaces total. The proposed expansion would require 1.75 spaces. Mr. Kuechle stated 8 feet from the lot line does not give much room for fire access. Dr. Vos stated the expansion as proposed by staff is less than half Qf that proposed by the petitioner. It is•pretty narrow. • Mr. Humberto Martinez stated that he has been in business in Fridley since 1980. He is working in the design for food processing plants such as General Mills, Pillsbury, Land 'O Lakes. He has big business competition, and it has been a 10 year struggle. He purchased this building 4 years ago, and he has made repairs and tried to improve the appearance during the last four years. Mr. Martinez stated that people have been stealing materials out of his storage yard, even though it is fenced. At the last inventory check, he had lost $5,000 in 20 foot lonq.pipes. That is.the reason he is presenting this plan to expand his building so that he can store his materials inside. He is not planning any other future manufacturing use or anything for this building. He just needs to get his valuable materials inside. Mr. Martinez stated this is a very old building and does not meet any of the existing codes. The building to the south is built right up to the lot line, and he is asking to build 8 feet from the lot line. There is a parking lot between his building and the building to the south, so there would be 30 feet between the buildings and plenty of room for fire access. Mr. Martinez stated it is not feasible to expand his building as proposed by staff because of the high cost of building. He is proposing an additional 3,000 sq. ft. If the variances are not � .1 �PPEALB CQI�Q+IIBBION KEETING. DgCEMB$R 4. 1990 P�QE S granted, he would be willing to neqotiate a reasonable area that would be economically feasible to build. Ms. Savage asked about the concern about storm water run-off. Mr. Martinez stated he is not very familiar with that, but it could be taken care of with the building permit to keep the run-off from going onto other properties. Ms. Dacy stated staff realizes this is a very small property; however, the addition proposed by the petitioner is almost 50$ of the lot. Although the petitioner has said he does not need any additional area for parking or use the space as warehouse space, he may not be here 5-10 years from now. Staff is concerned that if the property changes use, there is a building that is basically too big for the property and a problem has been created. Staff understands that Mr. Martinez needs to expand, but they are just adhering to the principles identified in the Code. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, lILL VOTING AYE, CHAIRPER80N 8AVlilGE DECLARED THE MOTION CARRIED l�ND THE PIIBLIC HEARING CLOBED 71T 8s10 P.M. Mr. Kuechle stated this request is a d�ifficult one. On one hand, he likes to see a business stay in Fridley; yet on.the other hand, the water retention and parking concerns are not really addressed in any meaningful way. Until there is a plan that takes care of these two problems, he would recommend denial of the side yard and rear yard variances. He would recommend approval of the lot area, lot width, side yard setback on a corner lot, and the parking setback variances--conditions that are existing. Ms. Savage stated she shared some of these same feelings. They certainly want to encourage businesses in Fridley, particularly small businesses, but she is very concerned about storm water retention and access for fire-fighting equipment. She also would recommend denial of the side and rear yard variances. • Dr. Vos stated variances 1, 2, 4, and 6 are already existing conditions. So, essentially, by denying variances 3 and 5(side yard and rear yard variances), they are denying the variances for the proposed addition. Reqarding the storm water retention, the property to the south appears to have no retention pond. This is such a small lot compared to the lot to the south with a larger building so he did not know how they could measure the impact of water retention on other properties. If the variances are denied, and the petitioner builds the smaller addition, he did not believe there would be much impact. One possibility for water retention, although not ideal, would be to contain water on the roof. The only place he would see a problem with fire access would be on the �• APPEALB COMMI88ION MEETING, D$C$MHER 4, 2990 PAGE 6 west side if that property developed, because there is parking lot abutting the property to the south. He stated he is going to recommend approval of all the variances, as he did not see any major problems. MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend to City Council approva2 of the following variances: 1. Per Section 205.18.03.A of the Fridley City Code, to reduce the required lot area from 1 1/2 acres (65,340 square feetj to 1/3 acre (14,320 square feet); 2. Per Section 205.18.03.B of the Fridley City Code, to reduce the required lot width from 150 feet to 89 feet; 3. Per Section 205.18.03.D.(2).(b) of the Fridley City Code, to reduce the side yard setback on a corner lot from 35 feet to 8 feet; 4. Per Section 205.18. 03. D. (5) .(aj of the Fridley City Code, to reduce the par�Cing setback from 20 feet to 8 feet, To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. IIPON A VOiCE VOTE, ALL VOTING AYE, CIiAIRP8R80N SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. MOT ON by Mr. Kuechle, seconded by Ms. Savage, to recommend to City Council denial of the following variances: 1. Per Section 205.18.03.D.(2) of the Fridley City Code, to reduce the side yard setback from 20 feet to 8 feet; 2. Per Section 205.18.03.D.(3) of the Fridley City Code, to reduce the rear yard setback from 25 feet to 8 feet, To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. IIPON A VOICE VOTE� SAVAGE AND RIIECHLE oOTING AYE� VOS VOTING NAY� CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIBD BY A VOTE OF 2-1. Ms. McPherson stated both the variance request and special use permit request will go to the City Council on January 7, 1991. CONSIDERATION OF 1991 MEETING ATES: O ION by Dr. Vos, seconded by Mr. Kuechle, to approve the 1991 meeting dates as follows: � � CITY OF FRIDLEY APPEALS COMMISSION MEETING, MARCH 26, 1991 MMM�V NNM�YMM�►NMMNM�Y�YMMMMNMMMNNN�VMMMMMMAMMtiMNtiMM�YMMMMMMNIY�Y�YNMM�VNN�YMN CALL TO ORDER• Chairperson Savage called the March 26, 1991, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL' Members Present: Members Absent: Others Present: Diane Savage, Larry Kuechle, Ken Vos, Cathy Smith Carol Beaulieu Michele McPherson, Planning Assistant Humberto Martinez, 7786 Beech Street N.E. APPROVAL OF MARCH 12, 1991, APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Smith, to approve the March 12, 1991, Appeals Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. CONSIDERATION OF VARIANCE RE4UEST. VAR #90-31, BY HUMBERTO MARTINEZ• l. 2. 3. 4. 5. Per Section 205.18.03.A of the Fridley City Code, to reduce the required lot area from 1 1/2 acres (65,340 square feet) to 1/3 acre (14,080 square feet); Per Section 205.18.03.B of the Fridley City Code, to reduce the required lot width from 150 feet to 88 feet; Per Section 205.18.03.D.(2) of the Fridley City Code, to reduce the side yard setback from 20 feet to 2 feet and 0 feet; Per Section 205.18.03.D.(2).(b) of the Fridley City Code, to reduce the side yard setback on a corner lot from 35 feet to 8 feet; Per Section 205.18.05.D.(5).(a) of the Fridley City Code, to reduce the parking setback from 20 feet to 8 feet; 6R APPEALS COMMISSION MEETING, MARCH 26, 1991 PAG� 2 To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E., Fridley, Minnesota (Food Process & Control). MOTION by Ms. Smith, seconded by Mr. Kuechle, to open the public hearing. IIPON A VOICE VOTE� AI,L VOTING AYE� CBAIRPER80N SAVAGE DECLARED THE MOTION CARRIED AND THE PQBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is located at the southwest corner of the intersection of 78th Avenue and Beech Street. The property is zoned M-2, Heavy Industrial, as are the other properties to the north, south, east, and west. Ms. McPherson stated that on December 4, 1990, the Appeals Commission reviewed a variance request for an addition which would create an addition to the south and west of the existing building. At that time, staff recommended the Appeals Commission recommend approval four of the six variances as they are existing conditions on the site: l. To reduce the minimum lot area from 1 1/2 acre to 1/3 acre; 2. To reduce the required lot width from 150 feet to 88 feet; 3. To reduce the side yard setback on a corner lot from 35 feet to 8 feet; 4. To reduce the parking setback from 20 feet to 8 feet. Ms. McPherson stated staff recommended the Appeals Commission recommend denial of the following variances which are related to the addition itself: 1. To reduce the side yard setback from 20 feet to 8 feet; 2. To reduce the rear yard setback from 25 feet to 8 feet. Ms. McPherson stated that on December 4, 1990, the Appeals Commission voted 2-1 to recommend, per staff's recommendation, denial of the request to the City Council. Ms. McPherson stated that since that time, the petitioner has revised his request to only enlarge the building toward the south property line, leaving the rear of the property open for any future expansion of parking area, for the creation of a retention pond, and any other code requirements the City may require. 6S APPEALS COMMISSION MBETING, MARCH 26, 1991 PAGE 3 Ms. McPherson stated the proposed request will reduce the side yard setback from 20 feet to 0 feet. The expansion will allow the creation of six additional parking spaces at the rear of the property, should the use of the building change from warehouse to manufacturinq or from warehouse to office and manufacturing. Ms. McPherson stated that while the petitioner's revised request has less impact on the site, staff still feels the site is still being overbuilt. There is still the concern about whether there would be enough area for additional parking area to meet code requirements if the use of the building changed. If the area in the rear is converted mainly to parking, there will be less area for the petitioner to meet drainage and retention requirements. Ms. McPherson stated staff is recommending that the Appeals Commission recommend to the City Council denial of the variance request to reduce the side yard setback from 20 feet to 0 feet. However, if the Commission decides to recommend approval, staff recommends that the petitioner should have the adjacent property owner write a letter acknowledging the existence of the zero lot line. Ms. Smith asked how close the building to the south is to the lot line. . Ms. McPherson stated the adjacent property owner's parking area and setback area are adjacent to the petitioner's proposed addition, so there would be some distance between the buildings. If the parking lot was built to code, there should be 5 feet of grassy area between the parking area and the proposed expansion. Dr. Vos asked if there are any fire code requirements for the building for zero lot line. Ms. McPherson stated the code allows zero lot lines for buildings that share common walls. She believed the construction of this addition would be such that the fire rating of the walls would be in accardance with the building code and that would help prevent the spread of any fires. With the previous proposal, the openings in the south wall required a 3/4 hour fire rating, and she would anticipate that since the new propasal is to the zero lot line, no openings would be allowed in the building wall itself. As far as access to the proposed expansion, there would be fire access from the rear of the property. Mr. Humberto Martinez stated that when he went before the Planning Commission with his special use permit request, the Planning Commission asked him if he would be willing to come up with a compromise. He stated he has done that, and that is why he is back with this new proposal. 6T APPEALS COMMISSION MEETING, MARCH 26, 1991 PAGE 4 Mr. Martinez stated there is a fire hydrant at the corner of his building so there is good fire access. He stated there is about 4-5 feet of grassy area between his lot line and the parking area of the neighbor to the south. Mr. Martinez stated his neighbor is well aware of what he is proposing and has expressed no objection. His neighbor cannot expand anymore because he is already overbuilt in accordance with City Code. Mr. Martinez stated this is an old area of Fridley, not a modern commercial or industrial district, and there are a lot of nonconforming situations in this area. The owner who built the original building could build right up to the lot line at that time but decided, for some reason, to build up to 2 feet from the lot line. Other buildings in the area are built right up to the lot line. This is an unusual situation, and he hopes the Contmission will look favorably upon his request for a variance to allow him to e�and his business. Ms. Savage stated that she had driven by the petitioner's property that morning, and she noticed that there were quite a few cars parked on the street. Mr. Martinez stated that those cars do not belong to his employees. Those are cars from neighboring businesses. All the cars associated with his business are parked in his parking lot. He does not receive customers at his business. Ms. Savage stated that even though these are not cars associated with the petitioner's business, parking zn this area is still a concern if the use of the business should change. Mr. Martinez stated that is why he is leaving room at the rear of his building for additional parking. Ms. Savage stated that if the area to the rear is used for parking, there is still the concern expressed in the staff report that there would not be roo� for water retention or drainage purposes. Mr. Martinez stated that if the area is not covered with concrete, but is left grassy or with gravel, there wouldn't be a problem and the drainage would be the sa�e as it is now. Dr. Vos asked about the difference in lot coverage from the original proposal to the present proposal. Ms. McPherson stated the original proposal increased the lot coverage to almost 51�, while the new proposal increases the lot coverage to 440. �� APP$ALS COMMISSION MESTING. MARCH 26, 1991 __PAGE_5 Dr. Vos asked why Mr. Martinez had left a gap between the proposed addition and the original building. Mr. Martinez stated that area would be a picnic area for his employees. Ms. Savage asked Mr. Martinez if the variance is denied, what will he do? Mr. Martinez stated that if the variance is denied, he will be forced to start looking elsewhere to buy a building where he wi11 be allowed to expand his business. Ms. Savage asked Mr. Martinez if he could design the addition in such a way as to not need a variance. Mr. Martinez stated he tried to do that before he came in for his first request, but he did not see any way to add on what he needs without a variance. Mr. Kuechle asked Mr. Martinez if he would consider reducing the building down to 2 feet from the lot line to bring it in line with the existing building. Mr. Martinez stated he did not think 2 feet would be much of a problem. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOiCE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:00 P.M. Mr. Kuechle stated he would be willing to approve the variance at 2 feet instead of 0 feet. This would give a little space along the building and the lot line. Anything less than that is really denying the petitioner the ability to add on anything. Dr. Vos stated he had voted in favor of the variances at the December,4, 1990, meeting. He stated he agreed with Mr. Kueahle. With the petitioner's liability, it would be to his advantage to be off the lot line by 2 feet. Ms. Smith stated she also agreed. There is no other alternative for the petitioner to add on to his buildinq. Ms. Savage stated she has struggled with this request. It bothers her that nonconformity is being allowed to continue. She stated the property is overbuilt, and she is concerned about future owners of this property and the use of this building. She stated Mr. Martinez has made an effort to reduce the expansion. She did not like the zero lot line, but she is willing to go 6V APPEALS COMMI88ION MLETiNG. MARCH 26, 1991 PAGE 6 along with the other commissioners in recommending approval of the variance to 2 feet, even though she is not very comfortable with this decision. MOTiON by Mr. Kuechle, seconded by Ms. Smith, to recommend to City Council approval of variance request, VAR #90-31, by Humberto Martinez: 1. Per Section 205.18.03.A of the Fridley City Code, to reduce the required lot area from 1 1/2 acres (65,340 square ieet) to 1/3 acre (14,080 square feet); 2. 3. 4. 5. Per Section 205.18.03.B of the Fridley City Code, to reduce the required lot width from 150 feet to 88 feet; Per Section 205.18.03.D.(2) of the Fridley City Code, to reduce the side yard setback from 20 feet to 2 feet; Per Section 205.18.03.D.(2).(b) of the Fridley City Code, to reduce the side yard setback on a corner lot from 35 feet to 8 feet; Per Section 205.18.05.D.(5j.(aj of the Fridley City Code, to reduce the parking setback from 20 feet to 8 feet; To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E., to allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E., with the following stipulation: 1. Special Use Permit, SP �90-18, shall be approved. UPON A VOICE VOTE, ALL VOTING AYS, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOUSLY. OTHER BUSINESS• Ms. McPherson gave a verbal update summarizing the recent Planning Commission and City Council actions. ADJOURNMENT• MOTION by Dr. Vos, seconded by Mr. Ruechle, to adjourn the meeting. Upon a voice vote, Chairperson Savage declared the March 26, 1991, Appeals Commission meeting adjourned at 8:15 p.m. Respectfully submitted, c.- :t�_ ,l_i ��', �`—�-- Ly, e Saba Recording Secretary 6W � _ � J Community Development Department PL,ANIVING DIVISION City of Fridley DATE: April 12, 1991 �• TO: William Burns, City Manager�;'� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Resolution Approving a Registered Land Survey, P.S. #91-02 The Planning Commission recommended approval of the registered land survey, P.S. #91-02, by Midwest Super Stop, with the following stipulations: 1. Complete curbing along the south side of the parking lot. 2. Construct a masonry dumpster enclosure with a chain link fence gate with vinyl slats. 3. 4. 5. 6. Dedicate Tract D to Anoka County as right-of-way for East River Road. Combine Tracts A and B for tax purposes. Deed Tract C to the property owner to the west. Record a 17 foot street, utility, and bikeway/walkway easement, previously dedicated to the City. Staff recommends that the City Council approve the attached resolution. MM/dn M-91-273 0 �� RESOLUTION NO. - 1991 A RESOLUTION APPROVING REGISTERED LAND SURVEY, P.S. #91-02 WHEREAS, the Planning Commission held a public hearing on the Registered Land Survey, P.S. #91-02, on March 27, 1991, and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed Registered Land Survey at their April 22, 1991 City Council meeting and approved the Registered Land Survey at their meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Registered Land Survey, P.S. #91- 02, with the stipulations attached as E�rhibit A, and authorizes the Mayor and City Manager to sign the Registered Land Survey as prepared by E. G. Rud and Sons, Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Registered Land Survey at Anoka County within six (6) months or said approval with become nulZ and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK [Li� Exhibit A Resolution No. - 1991 Page 2 1. Complete curbing along the south side of the parking lot. 2. Construct a masonry dumpster enclosure with a chain link fence gate with vinyl slats. 3. Dedicate Tract D to Anoka County as right-of-way for East River Road. 4. Combine Tract A and B for tax purposes. 5. Deed Tract C to the property owner to the west. 6. Record a 17 foot street, utility, and bikeway/walkway easement previously dedicated to the City. � � _ � Community Development Department PI.ANNING DIVISION City of Fridley DATE: April 16, 1991 �,� - TO. William Burns, City Manager�, FROM: Barbara Dacy, Community Development Director SUBJECT: Consider Closing Springbrook Trail Project #732 and Reallocating CDBG Funds to Riverview Heights Acquisition Project Anoka County has notified us that the 1987 Springbrook Trail Project #732 must be closed out and remaining funds reallocated to another project. Anoka County has requested a response from the City by May 15, 1991. The original project totalled $20,000. Its purpose was to hire unemployed persons from the Anoka County Job Training program to clean up and remove debris from the �Springbrook Nature Center caused by the 1986 tornado. These persons also replanted trees and other vegetation in the Center. The Finance Department reports that there in this fund. We recommend that the City money to the Riverview Heights Acquisition Recommendation is $1,060.39 remaining Council reallocate this fund. Staff recommends that the City Council approve closing the Springbrook Trail Project #732 and reallocating the remaining funds to the Riverview Heights Acquisit.ion project fund. BD/ dn M-91-275 �• ?��p CoUNr�. v `���. ����zV M�NNESOl P COUNTY OF ANOKA Urban Anoka County Community Development Block Grant COURTHOUSE ANOKA, M/NNESOTA 55303 612-427-4750 April 3, 1991 Ms. Barbara Dacy, Pianning Coordinator City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Re: Closing Springbrook Project #732 Dear Barbara: I am currently reviewing 1987 projects and asking cities with completed projects carrying a remaining balance to take action to close them. Springbrook Trail Project #732 has a remaining balance of $2,734.50. So that we may ciose out all our 1987 projects, would you piease ask the City Councii to make a request to the Anoka County Board of Commissioners regarding the reallocation of this balance. The City's response by May 15 will allow us to close our 1987 Program Year for this year's Grantee Performance Report. Please call with any questions. JOW:sw Sincerely, oAnn O. Wright Community Development Manager Atfirmative Action / Equal Opportunity Employer <�$� MEMORANDUM - Municipal Cente� '� 6431 University Avenue Northeast Williarri C. Hunt Fridley, Minnesota 55432 Assistant to the City Manager �7YOF (612) 572-3507 �a-� FAX: (612) 571-1287 ,,� . • MBMO TO: WILLIAM W. BIIRNS� CITY MANAGER �.^ FROM: WILLIAM C. HUNT, ASSISTANT TO THE CITY MANAGERj � � DATE: APRIL 15, 1991 SOBJECT: 1991-92 CONTRACT WITH THE TWIN CITY AREA IIRBAN CORPS Each year the City of Fridley enters into a contract with the City of Minneapolis to participate in the Urban Corps Program. As a participant the City can employ students who have Federal Work Study Grants to work as interns. The City pays between fifty and seventy percent of the salary, and Federal Work Study money makes up the difference. For example, an undergraduate student from the University of Minnesota will receive $5.75 per hour for intern work and the City will pay $2.97 to the Urban Corps. The Urban Corps takes care of payroll taxes for the interns. We are responsible for worker's compensation insurance. In order to participate in the Urban Corps program, it is necessary for the City of Fridley to contract with the City of Minneapolis. The required contract is attached. I request that you present this matter to the Fridley City Council at their meeting on April 22, 1991 for a motion authorizing the Mayor and City Manager to sign the attached contract with the City of Minneapolis. WCH/jb � 1991 - 1992 AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN CITY OF MINNEAPOLIS AND THIS AGREEMENT is entered fnto this day of 19 by and between the City of Minneapolis (herein called "Urban Corps") and (herein called "Agency"). � WHEREAS, the above named Agency, a public organization or private non-profit tax-exempt organization, desires to participate in the Twin City Area Urban Corps and in consideration for the assignment of Urban Corps student interns to the Agency, we do hereby agree to the following terms and conditions: 1. The Urban Corps shall have the right to approve or reject requests for interns submitted by this Agency upon forms provided for that purpose by the Urban Corps. 2. The Agency will accept a student as an intern by completing and signing the Assignment section of the student's IIrban Corps�application form. 3. The Agency shall. utilize such students as may be assigned to it fn ac- cordance wfth the specifications set forth in its wrftten request to the Urban Corps, and shall immediately notffy the Urban Corps of any change in nature of assignment, duties, supervisor or work'location. 4. The Agency shall provide such students as may be assigned to it with a safe place to work and with responsible supervision. � 5. The Urban Corps shall have the right to inspect the work being performed by such students as may be assigned to the Agency, and shall have the right to interview such students and their supervisors. 6. The Urban Corps shall have the right to require such students as may be assigned to the Agency to attend such general or special meetings, or to appear at the Urban Corps office, individually or as a group, as shall be necessary for the proper functions of the program. 7. In accordance with the requirements of Federal and State law, work performed by such students as may be assigned to the Agency shall: a. $e in the public interest; b. Not result in the displacement of employed workers or impair existing contracts for services; c. Not involve the construction, operation or maintenance of so much of any facility as is used, or is to be used, for sectari�an instruction or as a place of religious worship; d. Not.involve any partisan or nonpartisan political activity or be for the Office of Education. 0 1 8. The Agency shall require such students as may be assigned to it to submit time repor�s and follow such other procedures as may be established by the Urban Corps. � 9. The Urban Corps shall have the right to remove any student assigned to the Agency from said assignment and from the Agency at any time for any reason without prior notice, and the Urban Corps shall not be obligated to replace said student. 10. The Agency shall have the right to remove any student assigned to said Agency at any time with prior notice given to the student and the IIrban Corps. 11. The Agency warrants that it is in compliance with the provisions of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 252), and Minnesota Statutes Section 181.59 and Minneapolis Code of Ordinance. Chapter 139 and 141, where applicable. � 12. The Agency shall indemnify, protect and hold harmless the Urban Corps from all claims, causes or actions which may result from the assignments of students to the Agency or because of the acts or omissfons of the students. 13. The Agency will be responsible for compensating to a work-study student any monies earned before or after the student's specified � work-study award dates and/or monies earned over and above the dollar amount specified in the student's work-study award. 14. The Agency shall obtain at its own expense Worker's Compensation insurance (or shall be self-insured under State Law) for such students as may be assigned to it under this Agreement. For the purposes of the Agreement�the Agency shall be deemed the student's employer and that no employment relationship exists between the student and Urban Corps, and, further. that no employment relationship exists between the Agency and Urban Corps. 15. The Agency shall pay to the Urban Corps 51.5� or other percentage figure as agreed upon by identifying the percentage figure on the student`s Urban Corps application form of the gross compensation earned by such students assigned and accepted by the Agency under a Federal or State program. The Urban Corps will bill the Agency, in accordance with bi-weekly payroll periods, for its proper share of the compensation of such students as may have been assigned to the Agency and performed wark during said period. Student hourly rates are set forth in Section 15(a) and 15(b) of this Agree�aent . a. Hourly compensation for students will be set at minimum rates of $5.75 per hour for entering freshmen through receipt of a Bachelor's degree, and $6.75 per hour for graduate students; other agreed upon hourly compensation rates not to be below the specified rates in 14(a); or other rates Por Urban Corps student interns as established by the City of Minneapolis, through a salary ordinance replacing current minimwn rates. b. A graduate student is defined for purposes of this Agreement as one who has received a B.A., B.S., or equivalent degree or is enrolled in the fifth year of � five year program. • � 16. At the election of the Agency, the Urban Corps shall place students to intern under a Stipend program. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commencement of the internship. The Stipend rate which the Agency shall pay the Urban Corps is $30.00 per week for each week the student works. 17. At the election of the Agency� the Urban Corps shall place interns for whom the Agency will pay the intern's total compensation plus an additional twenty-one and one half percent (21.5�) for administrative costs. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before co�mencement of the internshfp. Agency rates for said option.are set forth in Section 17(a) and 17(b) of this Agreement. a. Agency rates for students will be set at mini�um rates of $6.99 per hour for entering freshmen through receipt of a Bachelo�'s Degree, and $8.21 per hour for graduate students; other agreed upon hourly compensation rates not to be below specified rates in 17(a); or other rates for Ur�an Corps student interns as established by the City of Minneapolis through a salary ordinance replacing. current minimum rates. b. A graduate student is defined for purposes of this Agreement as one who has received a B.A.. B.S., or equivalent degree or is enrolled in the fifth year of a five year program. 18. Performance under this contract shall co�mence on July 1, 1991 and terminate on June 30, 1992 unless amended in writing as mutually agreed upon by both the Agency and the Urban Corps; however, either party may terminate upon slxty (60) days written notice. Based upon the statements and afffrmations made by the Agency through the above document, the Urban Corps hereby agrees to the assignment of students to said Agency, in accordance with said document and the applicable laws and regulations. CITY OF MINNEAPOLIS By Mayor . ATTEST: City Clerk COqNTERSIGNED: City Finance Officer Approved as to Legality: AGENCY Agency Name Address City By Title ay Titie Minneapolis Assistant City Attorney ATTEST: Cr1�J State Zip Code 0 a : Fv • � ck�r�i�� � � �� •�• � • : � STATE OF ) )SS COtJNTY OF ) �n this c�iay of , 19 , before me appeared �nd to me personally l�own, who being by me duly sworn did say that they are respectively the and of , the corporation described in and who exeeuted the foregoing instnament; that the seal affixed to the foregoing instrument is the oorporate seal of said corporation; that said instnament was executed in behalf of said corporation by authority of its Board of Directors; and said and acl�zawledge said instnament to be the free act and deed of said corporation. 9D Notary Public � STIPEND TWIN CITY AREA URBAN CORPS 111 CITY HALL, 350 5TH ST S, MINNEAPOLIS MN 55415-1314 (612)673-3027 AGENCY PAYMENT SCHEDULE AGENCY PAYS: $30.OU STUDENT RECEIVES: $20.00 Interns not eligible for work-study usually receive the stipend. The number of hours a student works is determined by the agency ar department supervisor and the intern. Lrban Corps recommends at least 10 hours per week. WORK-STUDY 'fhe percentage of the intera's gross c�mpensatien that is billed to the agency depends on which school the intern attends. U of M, Macalester College, College of St. Thomas & most other schools - 51 5� AGENCY PAYS: STUDENT RECEIVES: for undergraduates $2.97/hr $5.75/hr for graduate students $3.�48/hr �6.75!hr Hamline University, College of St. Catherine - 61.5� for undergraduates for graduate students AGENCY PAYS: $3.54/hr $4.16/hr STUDEtiT RECEIVGS: $5.75/hr �6.751hr Concordia Coilege-St. Paul, St. Olaf College Mankato State L'niversitv - 71 5'� AGENCY PAYS: STUDENT�RECEIVES: for undergraduates $4.12/hr ��,�5/h� for graduate students $4.83/hr $6.75/hr Augsburg College - 64.b`k for undergraduates for graduate students FULL HOURLY SALARY for undergraduates for graduate students EFFECTIVE 7/1; 91 AGENCY PAYS: $3.71/hr $4.36%hr AGENCY PAYS: $6.99/hr $8.21/hr • STUDENT RECEIVES: �5.7�/hr $6.75/hr STUDENT RECEIVES: $5.75/hr $6.75/hr Engineering Sewer Water Parks Streets Maintenance MEMORANDUM , �, . TO: William W. Burns, City Manager �� PW91-95 FROM: DA7E SUBJECT: John G. Flora,(Public Works Director April 4, 1991 0.5 MG Water Tank Repair The Commons Park 0.5 MG elevated water tank was constructed in 1962. Since that time, no major repairs or repainting of the structure has occurred. In 1989, we inspected the tank, found some structural problems that need to be corrected and identified a project to repair and repaint the entire structure. The original estimate for the repair and painting of the tank was $160,000.00. In preparing the plans for the 1.5 MG elevated tank, it was determined to delay the construction of the altitude valve pit which was necessary to control the elevation of the two storage tanks so that it could be incorporated into the 0.5 MG tank repair and the filter plant piping system. An estimated cost of $80,000.00 was identified for pit and valve construction and added to the 0.5 MG tank project. Because of the environmental concerns with lead-based paint, we had the paint material on the tank inspected and found it to be a lead paint. Therefore, the plans and specifications for the painting of the tank require the exterior paint of the tank to be completely removed and appropriate precautions taken because of its close proximity to the schools and the athletic/recreational facilities. On Wednesday, March 27, 1991, bids were opened for the project. Four (4) bids were received. The low bidder was Rainbow, Inc. at $376,667.00. This included $180,667.00 for the repair and repainting of the tank, $73,000.00 for the shrouding of the tank to contain the sandblasted waste material, and $123,000.00 for the construction of the altitude valve and pit. This bid is $136,667.00 over our original estimate. In addition, should the sandblast material be found to be contaminated, there is an additional $30,000.00 to deal with the disposal of that material. (It is hoped that by proper sampling techniques, the waste material will not be defined as hazardous.) 10 � � CftYOF Fl�DLEY Page Two - PW91-95 A new tank of the same capacity is estimated at $400,000.00. Accordingly, the repair costs are appropriate based upon the extended life that can be expected for the tank. Since the original 1.5 MG tank was estimated at $1.5 million and the current costs are running around $1.3 million, the altitude valve costs could be appropriately assigned to that project which would then be well within our estimates. Since we have a basic structure that needs to be repaired to retain its continued use for the next 70+ years, I would recommend the City Council receive the bids, award the contract, and authorize by motion the allocation of the additional $136,670.00 for the repair work and the $30,000.00 to dispose of contaminated material, if necessary from the Water Fund. MOTION: Motion to amend the 1991 Capital Improvement Program to Increase the .5 MG WaterTank Painting/Altitude Valve and Vault Installation Project No. 212 by 166,670.00. JGF/ts 10A Gty of Fridley State ot Minnesota BUDGET 1991 Une Item Detail a�.qc'Y�P�art N i R "� PU111�OUSA4,� ..far��81f:..... � 2.:,z.:5�MG Elevated Tank Aepair 3'�`Tped lopme�t of Well Nos 1, 4�and 9 4 Construction of Weli No. 14 5 W. University Service Dr. Water Line g Mississippi St. Water Line Relocation �� 7 57th Place Waier Line Re{ocation g TCE Test �Nells TOTAL � � ��� � a�s.000 a,,os� 240,000 4.800 gp.ppp 12,000 300�000 6�000 A 2�� HRA HRA 30,00� 5646.000 525,867 � 0 H � Q Z � Z � Y Q .}- W Q � � � � T N � Z U w � a. � g Q � Z J Q � � Z W J � L Q °o T T T � T � 2 � � Q tn Z � W � ii:i`;:<:::€:<:>::::>:::`; � :: � •: ; � : ;:: � : �: ; : <: �.:::��`:::`:>::::> n o 0 0 ��`=r:;�•`•.«; 00 m m m �::�<::<::::,; C� O O O �;;>:::;�£::�;':. :}::::..:<:>:::�:;::::�� Z z Z Z `.'�::s:: �;,y;;: ::Q;:;!,'?:':::.?'�: ,.?� . :: i:`.::'c:%:�`:�`t:; ;;y;:;:i#'.•::i:;ii;'t'•`.:'> O O � � ;(/i:i;':;;;;:;�:;r:;; O O O O ��`�?'�fz�;':�? O O O O Q`:L�;.:�: °o rn °o_ °o >�j:;; I:�.::: .:. �: .�:_�(J1.::U: O M M N �:.�.;, c'� N 00 th :y t•tfi: �? 69 69 69 .?. ;;;?�<�'—'• •>:...�.::;�'s ::Z:'::;:: :'%: :;:;::; a o_ o 0 O O O O ��::g:"'.'•i:':;;:;::;:;:::;:;? :�::�::i�:;;;;;:•.,•_:':: (�D O O O ?:;iA:�<'r•;;;i::i tL3 1n O � � � � 0 � ;<M1ila:::«:�:i; ^ O T N m m m m CC) '��'<��`%'����' � � � � � ;•••'`.::'Q:;zi�:%: � � � � Z Z Z Z Z f:::=�:::}s>s:r: ::z:>;.: . . .•.•.: � s:: '�: �'<:fi�:�:;�-r �:';: :�:fi:1:'�: {;i� i{'r,':i+:; . :::•::•::.. .W•;:.. %�::�iJf.�S:?.':':i::�: � >:i:::.� fi.1: ;::;.; ;.r.; � . ���'�`<%'�;�i .�':�:� L�'i:ti-:::: :a::<>�:<�<>::` v� cn cn cn `��:::iu «�:>::::: w w w w ;W:"t�::;::;:::<;::: �- >- �- �- 0>':' j �; �::: «:<'::::> fl;::>�:`:::::::.<:' :a;::::>::>:::`::::;>"::: ::;�:.;:'<,_:> ::::z>>:::.<:::;:; <:'<:�>o<�:><:;::::: o 0 o a ::;:<_:>�>�::::>::>; �n �n �n � ::: ; :: ;' i� : � ? : : :: ;'' :; ; ; <:. : ; i j p ; : � :.. , ; : . ; : O U U �j Z V Z w z ? � :,:::.:;��.;;:,><:;:: > � uS w z � :<:::::;<�:::::::>::>: t= z ���»<>::r�:':�{:::;::: � Z � a c� � z c�n :<::>::::::ti:;::::>::::>:: � � z v Z o z � a �s :�><����:':`�����:::»:?' �' m t= ~' a :s::::>:::1�:::::::><:::: ? a�C uj � p O z w o w ::?<::;::::�:}:::::>:::'' a c9 �-- V > a � W z :::;:::::>f3>s:::>::::: � 0 z 0 � � a ¢ F- � C7 :;:<`:;;t�:���::::::::.> z �-- w °� 0 3 z a Z � a v >- w w = � � Q 0� � W = J °� U Q o� o � �- a a = � -, 10C � HNTB Apri15, 1991 Mr. John G. Flora HOWARO NEEDLES TAMMEN S. BERGENDOFF ARCHITECTS ENGINEERS PLANNEFIS Public Works Director City of Fridley Civic Center 6431 University Avenue N.E. Fridley, MN 55432 Re: Bid Evaluation; Commons Park Water Tower Refurbishing Dear Mr. Flora: <�(X, Fran�e Ar�eizue South Suite 2G0 Minneapti[is, Minnesota 554.i5 (612) 920�GGt As you know, the low bid of Rainbow, Inc. was $376,667. Their breakdown of the bid is as follows: Painting/repair 188,667 Containment 73,000 Altitude valve � 12 $376,667 The cost estimate for this project was $240,000 based on $160,000 for painting/repair and $80,000 for the altitude valve. The $160,000 figure comes from AEC's inspection report. At the time AEC estimated the paintinglrepair costs, they were unaware tha.t the paint on the exterior of the tank was lead-based. Because the paint is lead-based, the spent sand/paint residue must be contained to comply with Minnesota Pollution Control Agency requirements. Rainbow, Inc. estimated the containment costs at $73,000 as noted above. However, there aze additional costs related to removal of the lead-based paint that will be discussed below. Ordinarily, a commercial blast (SSPC-SP6) is specified for the exterior of a water tower before it is re-painted. A near-white blast (SSPC-SP10) was specified for the exterior in lieu of a commercial blast. This was done because of the desirability of removing all of the exisdng lead- based paint (i.e. get all the old paint off to avoid having to face this issue again in the future). Rainbow, Inc. estimates that a near-white metal blast for the exterior of the water tower increased the project costs by an additional $20,000. The containment procedure specified requires that ground covers be laid. It is anficipated that the ground covers will kill the sod beneath them. Replacement of the sod killed by the ground covers is estimated at $3,000. P�r'tna�� Cf�arl9s T. Hann�gan PE. Oani i J. S(�i9i� PE. John L Cocton PE. Francis %. Hail PE. IaoberL 5. Coma PE. Oonaitl A_ puP�us PE, W���ian� lova F41A, Flobert O� M�lie�' PE, Jari�as L. TuLC�e. J��. VE. Nugh E. Sc1-+,all PE, Cary L',. Goodman 41A, Gc�raon H. Slanay, J�'- PE, Harvey K- HamniOnd, J�'. PE. SLephen G. Gc�ddard PE. Jt�hn W. Wi91�c. Jr�. PE, Fa�ich�rd O. Beckn��n PE. Ricl���rU l F-nr n,in AIA. Oouqlas E. Prescocc, G'E A��oci�ce� Kantl�i� T. L�ncolr� [:PA, Rr�t�.3rvs W Sm�t,ham PE-, hiar y O. Bar t.t�ssa PE. R.aln�� E. Gob�son PE. ScanlaV I. Mast, PE. W.ilcar Sn.irkt� F�E, R[�ss L. Janser� AIA, F/`.�riY T. LJ�nn� PE. H. Jure�n�e HiitlPr P[, [31a�se M. C:.3r r it�� e PF_, Micli..�el P. Inpa��d�a PE. �ern�rd L. Prince PE. SLaphen E3. C7�i�nn PE. Saui A J;�c��l�t: PE. Cw nq H. Miller� F41A, O�uyi:3s C. Myhra PE. C;�rl J. Ma311N:� PE. O.iriiai F. F3ackp�� PE. p�riald P Ka��lfi PE, R��iald L- Hart,�p PF_, Tlio�n.'�s L. W�Ilian�s 414. Oerin�s E C'O��kl�n PE. John C- Ki�Oka PE. Rotlnr�y P G'e�lo PE, Stuvari M. R��ss 414, Rr�UnrL A. Laick F�F, (��c+nr� C]. Sadulsky PG. Ben�amin A. WliiS�ar PE. IaOyar S. Dus�:in PE. Jol�n p. [ji'uL��a�'S PG. Charias L. C./'Ae�iiy..l��. PE. Faot�urr, M. Sic�.an PE, poufl�a5 A. Ci�vV A�4, Rnymu�U J. McGabe PE. Thom.3s A. Skinnar PE. Puul 4. Y�ross� PE. F. C;r.r�sc�utie�� ��rnoritl ASL4 G�CP. R[�land W. Fre�•k�ng AIA, Jari�es T. Kienla 4�A. Terry K. Mille3r 41A, Rpc3er l:. War'O PE, MHU�iCe D. M�Ilgr PE. Robart L. Watson AIA Offiea� Gianandri�. VA, AclanLa, GA, patun q�upe, LA, F3oswn. MA, Ct�arleo��go, {L, C1evaland, OM, ConcorO, Cq, Ual\as. TX. OanvBr, CO. Fairfieltl. NJ, Harcfprd, LT. Ho�sGOn, T%. Indi�nan��lis IN. Irv�ne. C4, Kar��.as C��Y. MO. i ngtOn, MA, Los AnGelas. C11. Miai+��. Fl. M�iwaukae. W�. Minneaoo�is, MN. Nnw vr�r k. NV, nki. ����rt�a t;�ty, (JK, (]r-i:�.�����, FL, [)vrar-lantl P,���k. KS. Pl�ii:,��yEal�f.�.. P Rala�c)h. NC. S�aatLle. WA, Tn�i���.a. F-I_. Tu�s�. C)K. Wil�n�nc��ii•�, pE Mr. 7ohn G. Flora April 5, 1991 Page 2 Based on the discussions presented above, the lead-based paint added $96,000 to the project costs as follows: Containment: $ 73,000 Additional Sandblasting: 20,000 Additional Sod 3•000 $ 96,000 Rainbow, Inc. estimated the altitude valve installation at $123,000. The additional sod killed by the ground covers was included in the $123,000. Consequently, the cost of the altitude valve installation should be reduced to $120,000. Several months ago, the altitude valve installation was estimated at $80,000. However, during the design process, it was discovered that the water tower has much shallower footings than originally anticipated. To prevent undermining of the footings, the location of the altitude valve had to be shifted upstrearn of the high service pump connection to the tower feed line. This change in location, in turn, resulted in the following items of construction that otherwise would not have been necessary: • 12" watermain to reconnect the high service pump connection; • Removal and re-installation of the water tower electrical service; • Removal and re-installation of the dehumidifier. The cost of these additional work items is estimated at $20,000. This leaves a remaining sum of $20,000 [$120,000 -($80,000+$20,000)] for the altitude valve installation that T have no explanation for. Perhaps, the original estimate for the altitude valve installation was too low. In a conversation with Rainbow, Inc., I learned that delivery time for the aititude vaive chamber is 12 to 16 weeks following receipt of approved shop drawings. It would be desirable if the City Council awarded this project on April 22nd to keep things on schedule. 10E Mr. John G. Flora April 5, 1991 Page 3 If you have any questions regarding this submittal, please feel free to call. Sincerely, HOWARD NEEDLES TAMMEN & BERGENDOFF ��:�� `�- Thomas A. Roushar TAR/vw ,s�o3ae�.ow►.,us 10F Engineering Sewer Water Parks ��Streets Maintenance MEMORANDUM �' TO: William W. Burns, City Manager �`�� PW91-112 FROM: John G. Flora,i� lic Works Director Mark A. Winson;�''Asst. Public Works Director �yj�✓✓Jon Thompson, Construction Inspector DATE: SIIBJECT: April 18, 1991 City Council Award of Street Improvement Project No. ST. 1991 - 10 (Sealcoat) On April 10, 1991, we opened bids on Street Improvement Project No. ST. 1991 - 10 (Sealcoat). Four (4) potential bidders received the plans and specifications and three (3) bids were received. The low bidder was Allied Blacktop with a total bid of $95,732.62, including Alternate A. Alternate A specified a latex additive which bonds the chips to the emulsion oil faster and more firmly. Recommend that the City Project No. ST. 1991 - $95,732.62. � JGF/MAW/JT/ts Attachment Council award the Street Improvement 10 (Sealcoat) to Allied Blacktop for 11 / ' C�71f OF EWDL.EY BID PROPOSALS FOR STREET IMPROVEMENT PROJECT NO. ST. 1991 - 10 (SEALCOAT) WEDNESDAY, APRIL 10, 1991, 11:00 A.M. BID TOTAL COMPANY BOND BID ALTERNATE A Allied Blacktop 10503 - 89th Ave., N. Maple Grove, MN 55369 Astech Corp. P.O. Box 1025 St. Cloud, MN 55407 Bituminous Roadways 2825 Cedar Ave., S. Minneapolis, MN 55407 Bituminous Paving, Inc. P.O. Box 6 Ortonville, MN 562�8 5$ 5� 5� NO BID 11A $ 84,413.38 �$ 11,319.24 $ 86,686.21 �$ 94,892.96 $ 88,291.64 �$ 20,299.17 City o( Fridiey State ot Minnesota ...,,r,,.��..,s_�.�....._„ r . 1, a Pr �`�� 3~ East River Road - Phase N (Hartman Circle,to Gten Creek Roa� �4�ppt.�tcom�,`�2alatio�4 �5��.�_.Osbome Widening � g East River Road Med(an Upgrade 7, 73rd_Avenue 1Mdening . _ �. . `8- �q �Highway 65/53rd Avenue VNidening �- ' pnstaiiing of brick medians, etc.) Total BUDGET 1991 1 �#$ � 5115,000 110.000 100.00� 46�000 40�000 50,000 100.000 80,000 a6�41,000 Engineering Sewer Water 'Parks IStreets Maintenance MEMORANDUM TO: William W. Burns, City Manager !�►�� PW91-104 � FROM: John G. Flora,�Public Works Director DATE: April 5, 1991 SUBJECT: MSAS Street Designations In 1986 the City sent a letter to MnDOT requesting that the MSA designation for Ranchers Road between 81st and 83rd should be rescinded since the Wholesale House was developed there and the road would never be constructed. We also suggested that the designation of the University West Service Road between 81st and 83rd be established as that road would in fact complete the MSAS system to 85th. We have just received telephone confirmation that MnDOT State Aid would support those changes and suggested the City make formal application. The attached Resolutions formally rescind the designation of Ranchers Road between 81st and 83rd as a MSAS street and request the designation of the University West Service Road between 81st and 83rd as an MSAS street. Recommend the City Council approve the two (2) Resolutions. JGF/kn Attachments 12 � � CliYOF fRIDI.EY RESOLIITION NO. - 1991 RESOLIITION REVORING MIINICIPAL STATE AID STREET (MSAS NO. 344j WHEREAS, recent area development does not require a street at the location of Ranchers Road between 81st and 83rd Avenues in Fridley; and AHEREAS, it is evident to the City Council of the City of Fridley that the street herein referenced should be revoked as a Municipal State Aid Street under provisions of Minnesota Laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, County of Anoka, that the street described as follows, to wit: Municipal State Aid Street No. 344: Ranchers Road from 81st Avenue to 83rd Avenue be and hereby is revoked as a Municipal State Aid Street of said City subject to the approval of the Commissioner of Minnesota Department of Transportation. � BE IT FIIRTHER RESOLVED, that the City Clerk is hereby authorized and direeted to forward two (2) certified copies of this Resolution to the Commissioner of the Minnesota Department of Transportation for his approval of the revocation of said Municipal State Aid Street No. 344. PA38ED AND ADOPTED BY THE CITY COIINCIL OF THl3 CITY OF FRiDLEY THIS 22ND DAY OF APRIL, 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK 12A RESOLIITION NO. - 1991 RESOLUTION ESTABLISHING A MIINICiPAL STATE AID STREET NiiEREAB, it appears to the City Council of the City of Fridley that the street hereinafter described should be designated as Municipal State Aid Street under the provisions of the Minnesota Laws of 1967, Chapter 162. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, County of Anoka, that the street described as follows, to-wit: Municipal State Aid Street No. University Avenue West Service Road - 81st Avenue to 83rd Avenue be and hereby is established, located and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of the Minnesota Department of Transportation. BE IT FIIRTIiER RESOLVED, that the City Clerk is hereby authorized and directed to forward two (2) certified copies of this resolution to the Commissioner of Highways for his consideration, and that upon his approval of the designation of said street or portion thereof, that the same be constructed, improved, and main�ained as the Municipal State Aid Street of the City of Fridley, to be numbered and known as Municipal State Aid Street as noted above. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF APRIL, 1991. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERR 13 8� th � ... • .. .- . . . �,=� gLAI NE AV E N E. � � . .. . . . . . .� ;''i l �' , / ■ '; T 3 t W / �. -+, . . 36 � 3�2 ���.�• T 30 N R 24w ��� � ��=: arr■•■■■r■■r■■■■■•■■■a■■ kr \k�,, �� T\�� l� '+ � �� � �\ � W , _ < �' �'� �1 Q M � '.n ; ,� ; ��EVocA-ri ��.z � o}r . ����8�st 4vE. V.� �� ■ Mj r . �f��At■ . . ., . �� r � �r;3�0� a. • �i ■ , � iN �-�: �a a�. � 339 ����: � �- t----, . — - ;----� ST. .- , , , ,. -1 i �'� 8ER �.' Y_��� � . � �' ' i ---- � -=• ° `�� :�: , �; �. (i�_E��L�OW ,,1 � w :. z� vi °:� � �� Z t-'' ; � . C• ` s 7 . ,r �I " . ►*1 !4 A v } \ � .. ' � � ; :,3 n 9�� , a4i��+� �� s,E �-■-�e-�-�r�: ,r�-r,� �r,rv 309 �- --- - -� - �, � -, ,— - , .---; --- ►-- r--- � \ Jt � � �Y � �i � �'A � z i ►- : : "'' �--i � (� ' � `�. �- F ,� `� ' 8t�� I Z! ' �K : �� ' ��: .�,y'.. '� p �' h� � �„! '.:vE,,� V Ei _. _ � � � �. � � � : , ,,� , � �'"i � �Q�'� K � Py �`�` 2 � � ? ' j � v' � � � W '�. ,� t�` W�; j: Q �2 >': � R O t ��' mI �? :GVE '�N.E_� ,,'Q v�i� � ��� � r, '�" _'�"�'_"� � _ -J OC i . , O � 3 4.. � 3 S 3 ��,�, P . -� • � � , w � ��� .,� t, ,.. \ �. Z� �. ; u/ ' v� ,�waY,," � �'� _ �� � \ \-----�� � � , rC� �. _ �,R�� KARD t �� j{.� r- ------ _� . � �`� � i �1.. _ - --� � , �p. ��,� , ' �`r �" E� � �WA•� N 7`�� t'�'�'�"- ' � � � � �--- � � , , , ----_ , . ��� : " ��' 3i � 1�� 1 -J � . � 1� � � �A , r` / �---- - � -- -- . � �i �' • f ,_ � �� # ^ --- I� ,� �; ,. ;, ;� `I ,� �_ �--- i � M.S.A.S. i; �--� DESIGNATION ��-- i:. I� �. i �_ �i ' OSBQRNE; . � • • • -�-----r---- -" � a� c N �. o, � . ,r�h,L� �,��- � ' , ` _� r..� a ►- ti-- � � _ _ A - � I� � - ' cn. , .n _ _-- i ' r -' ! ' � I - �_, r ' j= ( I -," -� � _ - - �J �_ �'� � _ _� � ���q' --- �� --- _ ; �5 �n-AVe-N E:, , ��>�-'� ' .-- � .Z4. f . �_ _ AY�E.,� � � , �� F ,, � ' � + ,� -- -- �; -- , - , -��;=,�=' yA . RESOLUTION NO. - 1991 RESOLUTION IN SUPPORT OF PARTICIPATING IN PLANNING FOR ALTERNATIVES FOR TRANSIT SERVICES IN THE CITY OF FRIDLEY WHEREAS, Minnesota Statutes 473 required the Metropolitan Council to prepare and adapt a comprehensive policy plan to recognize and encompass physical, social, or economic needs of the metropolitan area, including such matters as highways and transit facilities; and WHEREAS, the Minnesota State Legislature in 1989 restructured the Regional Transit Board and required several plans regarding transit service issues; and WHEREAS, the Metropolitan Council in its 1989 Transportation Development Guide/Policy Plan identified and documented the significant increases in travel demand in the metro area, the increasing costs associated with maintaining an aging highway system, and identified various transit alternatives to reduce the need for additional highway capacity; and WHEREAS, the Metropolitan Council identified light rail transit as one of the alternative transit services to be used in certain areas within the metropolitan area; and WHEREAS, the Regional Transit Board, in compliance with requirements from the Minnesota State Legislature, has adopted comprehensive planning documents to develop and build a light rail transit system; and WHEREAS, the Anoka County Regional Rail Authority approved its Comprehensive Light Rail Transit System Plan on February 28, 1989; and WiiEREAS, the increasing population growth in northern Anoka County dictates adequate transportation facilities through the City of Fridley; and � NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley encourages the evaluation and study on the part of responsible metropolitan agencies of all modes of transportation and transit and their applicability to first ring suburbs, such as the City of Fridley; and BE IT FURTHER RESOLVED, that the City of Fridley will participate in the preliminary design and environmental impact statement process identified by the Anoka County Regional Rail Authority for light rail transit; and � Resolution No. - 1991 Page 2 BE IT FURTHER RESOLVED, that the City of Fridley recognizes that light rail transit with an appropriate feeder bus system can provide basic mobility for transit dependent people and is an attractive alternative to the automobile in highly congested corridors; and BE IT FURTHER RESOLVED, that the City of Fridley has not eliminated light rail transit from the City's own transportation planning process now under way in the revision of its Comprehensive Plan for the 1990's. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: MAYOR - WILLIAM J. NEE SHIRLE A. HAAPALA - CITY CLERK 14A CITY OF FRIDLEY M 8 M O R A N D II M �. �• TO: AILLIAM W. BIIRNS, CITY MANAGER �• FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SIIBJECT: MINNESOTA LAWFIIL GAMBLING PREMISE PERMIT APPLICATIONS FOR THE RNIGHTS OF COLUMBUS DATE: APRIL 11, 1991 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for the Knights of Columbus. The gambling premise permit is for 6831 Highway No. 65. The Public Safety Director, James P. Hill, has approved the gambling permit. The Minnesota State Statutes requires the adoption of a resolution approving or denying any�type of gambling of permit. � 15 RESOLIITION NO. - 1992 RESOLIITION IN SIIPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO T8E RNIGHTS OF COLUMBIIS WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Knights of Columbus; and WHEREAS, the location of the Premise Permit is 6831 Highway No. 65 Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to the Knights of Columbus. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK 15a LG214 t� v�a9oy FR-�DL�cy L.uf'it � Minnesota Lczw,fitl Gambling Premise Permi� Application - Part 1 FOR 80ARD USE ONLY FEE CHECK INITIALS DATE KniQhts of Columbus #4381 Business Add�ess of O�ganization - Street or P. O Box (Do not use address of gambfing manager) 6831 Hwv.65 no. Fra.dleY Mn.55432 C��Y State Zip Code Counry Business phone �umber Fri d1_��Mn 55432 � �i1JOKl� ( ) 571-1492 Name of chiei executive officer (cannot be gambling manager) Title Business phone number /ZA yMOn/D �JE�✓Ix/ �l�.L,utJ D G-RAN D 1� i`1 IC-��-1 "T" c l Address of ch�ef executive officer - Street or P. O. Box .31 za l.c>i�so�cl �T., ti/.L . SSy►$ �C�uE'P�►.► L�►Y tate p ode ounty � -M��ft�t�Po�ls MN 5541'a HEwnlEp�� <:;�#.., ;�•n�.2'�St:;�>t:^"ri�i,:`}-:}Y:^y,�{?.x;h{LV,yr,•:_.i:i\Nri 4'M`:i . •.:%Y.•:^.C`".M.'elr,a.v , ip.m;�xxvwv.v� v,i�v'hlr'L� �. f+ix " :::�.::<•`::;:L.... :z:.�;... . .�yi•.t�'-�. -sxri:s::.xX. ....,-,fm.:�yi�::��:`:+. :-..`;x':>'�st?'::�5^o-'K';": ,?'`-'?3�`.';;?x"Q�"-.j : : .�o-?., .,�s,. ,;.?�.;,"fs;::?`.yC;:xs'�.::•;c-:.>:..! ,,,y..:�.. ,v�'k:;,><:a� .::,•,,:�:-::.<:=:.:...•:;.x•:._:#;.�.>x:.;.::�c.x::::,�:....o ���s.<.;;��,t�,:..tv..,.�.�..yx, p +`..M12. rrt;•::.:a..•r.{G�:•;,.,.%�. � .v.�n +?2:!:.�:K:.fi:::�!.�.5•::.S�i,�x{u,�;;n{.r;{. r ':iYi\,.;;...v...}.Y.:2. ♦ :..�:v}..........i....t}.�. ...A:.}:::.x::Niiii•.{-Y.•.. n}.::..r..:.....r\.:v::-`.-:G:i:v�\.v....u:n++ ..�...�.Q� .v��:.:v:Q�QR:'� .,f.. ::�'.; .t,n ..:............3.............. ;:.. .,: }. 4!.. ..>�.x,.}.f:: •.a,;..•x.....?�: ::Y;:::::t;' :_F,• . . . •:: :•:� 5 ,. ., . .:. . .:-.P :, :: P:: ;::� ::.>:::::.:. :::,:.:::�.<>:_:r:.,;<::..;.:�..:.::.. :;r.::: . . . .::::. ., .. ::;: .:.:. - .. .�...:. . , :...:..::.:..:::.::.:.:..:,..,:�.::...:..,.:.....F-.,;:.><.::::;:::�..:..,. ;>� .. .�.::; .. . . ,....... . ....._. ..:.. . :.:.:...� .::.:.::::..::.._..:................:::;::.::-:::...::::.:......:.: ,::�<::.:.:.�..... >:: . ....:._::.:;;�- ,.. � : . . . : : : : : : . . . . . . : <: ; .>::: : :> : :: � .:;::::;.. .....:.....:.................. . ..:: .:'.s.; .y;.>... `�..: :.: �:: ;�:_:-:::. •::::.•..__ ._..:...v.::.•::::.:::�::.:...::s •::i•::�:::•::•:::`•:: l'• : '. :. �.}::,:•..;{,{..:: . X �.i • • :. < "� �'�� Y i >' :v: Class of Premise Permit Fee � Ctass A — Bingo, Raffles. Paddiewheels. Tipboa�ds. Pull-tabs $200 `":' '' ": °':`-":::.:.""�"�""''�"..: :`-.:::::..:'.':':':.::..: ::'.: ❑ C{ass B— Raffles, Paddlewheels, Tipboards, Puli-tabs $�25 The class ot premise permit k ❑ Class C— Bingo only �� oo must be reffected by cJass of Q Class D— Raf{{es only • g75 the organlzation license. Bingo Occasions If class A or C. flll in days and beginning and ending hours of bingo occasions: No more than seven bingo occasions may be conducted by an organization per week. Day . BeginningJEnding Hours _S11I1� 6"30 w10:30 P.M. to Day Mon. BeglnningjEnding Hours 6- 30 to10' 3fl PM. to Day Beguuiing /Endtng Hours Tues. 6: 30 to10: 30 pm to Status of Premise Permit - check ane: ❑ New premise — Fill in ase o�ganization prem+se permit number �c Renewal of existing premise pe�mit — Fill i� com lete premise permit number A-00278-001 ❑ Previously expired premise permit — Fill i� comolete premise permit number 15B LG214 Miruiesota Lawful Gambling Premise Permit Application - Part 2 .�:<:.:::{;a:..a�:ry::�:�:�,.�. .�.� �.�,. :.>f :� . . .. �.;�nv... .�s �:..:�:«.�;>:;;��:.�;,... -: ry�; }:.: :!:•.. Y� Ji::;(}:.. t. I.?•i:;;: ;:::•.;.V .�: e. .:.. , .; ii . , . �"'C��. ti �. ;�%i'�t#�1:�3���.;. ' . �.... . . ;• .....: • ..: ,:: �, . . ..•. ' � •'�`k ..:. .,.... . .. • . . .. .. ..P�-en��ses::.I� :.urrr�:a�Cior�:�.<>:.�;.>:�:v�:.t>.�:...���;,. . . � . - :.. .... ............... .,... . � � �� ..� � � . . . . .:. : :.. :: � ... :�.. .,� .,...,;.: : , .: •...•.,..,.:x.?:<;.,. .;.: ..� . . t. . . , ::.�>} Name of establishment where gambGng wiN be c�nducted Street Address (do not use a post offtw box number) . Kniqhts of Columbus #4381 6831 Hwy. 65 No. Is the premises lacated withi� ciry limits? $�Cyes ❑ no Ciry and Cour�ry where gambling premises is located OR Township and County where gambfing premises is located if outside of ciry qmits Fridl �c/vK/I Name and Address of Legal Owner of Premises City State North Air Home Association 6831 Hwy. 65 Fridley Mn. 55432 Does the organizarion own the build'i�g where the gambGng will be co�ducted? � YES ❑ NO Zip Code NOTE: Organizatians may not pay themselves re�t if they own the buiiding or have a holding oompany. A lette� must be sub- mitted showi�g rent payments as zero irom gambting funds it the organization's hotding company owns the premises. The letter must be signed by the chief executive officer.) Rent: if NO, attach fhe foliowing: � a capy of the lease with tertns for one year. * a copy of a sketch of the floor plan with dimensions, showing what portion is being leased. A lease and sketch are not required fo� Ciass D appiicantions. For gambling with bingo $ For gambling withoui bingo $ Address of sto�age space of gambling equipment Address City -- E? F% :3% f'�/ccJ,9 �/ 6 S' N. L� � r/llDL� G %% � f3.'1tJ a f % C�cc.::h18. /� // C�7 C Tota! square tootage leased Total square tootage teased _ State Zp code r�� �Sy32 Bank Axaunt Number � SZ 5c C chlT�i�l�-L. AtiE, N�(� , ��vM�3�i11���f� IS /11 iti/ SSyZ/ Name, add�ess, and 6ile o/ persons authorized to sign checks artd make deposiis and wid�drawals, Name Address iUe ..� O f-{ i� �- i3 A C.t-tArJ� S �� S^ 2 N Q s l Jt1, L' ./�JPLS� N� . G��')�t� 1 nl � M G%� �ZA y M o r� D N� , E�c.L�, � fl 3i �-o u,�f����,c.1 si �.� ���sf>,� �-f�-� �.o ��,�� �- H T��� o. 15C � LG214 Minnesota Lawfui GambIing Premise Permit Application - Part 3 , ., :,...,:...>:.,- ..� ..._. . �+`. :3..:./�,.,c,^',,,SG„' lr:t•'.«G!/G.3:%:,:,�x:�'!n. �` . j',YVH... 4.. . . � f � iiRj.. n.. . f '�,�,.. ., .. .� f#`,e' �i..�s *��i�,p f11prty,�6�` Y .:,�'2f�`-#. '<.•. � .,�°i;t a `��+�,'�.�.,z':kj: ly, Q,�' v� + �.'�iI.FLL0l4iK:iG.� ' �lI�1�:s�4G:.•:+.... f .}�� . . . .s'r.+�::i}:,�`;•,�r >;:i•> .f•.' `i�xai:;... '<: •�?%'•..• :'i� .c:�:�i:i:%F:•>:a;:::;.::..r:•::�:.i:' :�:�:. •::.sx: �i'`f :.X^•.3:�:.:�i,,'„ `?'Y:.$'• �'.v'.}:�fi�¢g;;•�•. { . .'c:'.:."�s`�,�.a�C. /-9. •'3sv:..' ..., .. ..:......:.... 'Y.?�f r � � . .. .: ; l : :.,.. ..: �•:::.,.::.�:: :.:... . . .....:.r.?J..:.:...: . ..::... .... . ..>i9',%.,:` �'+.'cy. _.�'�..,-::.+.•..t.. ... : ,�c::•k. • � +.'.v�'v.K.�.�cd. .... - � • .. .. ..;.. ..'<-.-::::::..�k=::::9�.:.:.. . n ..:. � a�.+ •'•-'� ��i1`i...f a+' �;c .. �+.`x....:: Gambllng Site Authorization 1 hearby conseni that local law enforcement officers, the board or agents of the board. or the commissioner of revenue or public safety, or agents of the commissioners, may enter the premises to e�force the law. Bank Records Information The board is authorized to inspeci the bank records of the gambling aa:ount whenever necessary to fulfill requirements of cu�rent gambling rules and law. i dedare that: I have read this application and all info�mation submitted to the board; Atl information is true, accurate and complete; All other required information has been fully disdosed; 1 am the chief executive office� of the orga�ization; 1 assume full respo�sibility fo� the fair and IawfuY gambling and �ules af the board and ag�ee, if I'�censed, to abide by those laws and rules, induding amendments to them; A membe�ship list of the organization wiil be available within seven days after it is requested by the board; Any changes i� application informatio� witl be submitted to the board and local government within 10 d�ys of the change; and A termination plan will be submitted to the board within 15 days of the te�mination of aU premise permits. Failu�e to provide required information or providing falsa informatio� may result in the denial or �evocation of the lice�se. 1. The city •must sign if the gambling premises is located within city limits. 2. The county ••AND township•' must sign if the gambling premises is bcated within a township. 3. The local government (city or county) must pass a resolution spec'rficalty aQp�aving a� de�ying the application. . 4. A copy of the resolution app�oving the applicatio� must be attached to the application. 5. Applications which a�e denied by the local goveming body shoutd not be submitted to the Gambling Cos►trot Division. Township: By signatu�e below. the townshiQ acknowledges that the organization is applying fo� a premises permit within township limits. City• or County'• Township'• City or Counry Name of person Township Name Signature of person receiving applicabon Oate Received � I Tide �-11- �!J Received Is townsfiip: ❑ Organized ❑ U�organized ❑ Uninwrporated Refer to the lnst�ucilons fo� the required attachments Mail to: 15D Department of Gaming Gambling Control Oivision � Rosewood Plaza South, 3rd Floor 1711 W. County Road 8 Roseville, MN 55113 LG200A Aev. (1Q/12/90) ��Zt��.Ey c� �' y EOR BOARD USE ON�Y �� Minnesota Lau�ful Gambiing Organization License Application - Part 1 Legai Name of Organization � 1�. l��G t\�� S dtiC �0�--��1'ti13V ��"� '13� � 8usiness Address of Organizadon - Street or P. O Box (Do rwt use address of g E ��'S � �\IG.1��; h'� � � N � - Ciry State Zip Code F4�'.\�J1.._t.-i/ . �13 � �F.,i�b3Z Name of chief execu6ve +d ice� Last First Middle Maide� L`1 l. U rJ D ���i Mt� Nl� MELV J 6%�'W Add�ss of chief exewdve officer - Street or P. O. Box 3i z-v u���sv� �T, .v. �r Other names used � �,�::- �-�K� �31u G� ma�ager) � Business ID Number(Sab � r-cs�R� /(rf� � , / �i oZ� M % &Tax Pem�it) �hone number �l I -1�I�iZ �ho�e �umbe� >7S-s3 �S Ciry State T�p Code Cou�ty �a �'�.s ��N s y� � if � ame o treasurer or person respons�ble or organtzatwn'a other revenues ttle ate o �rth usmess pfione �um � last Name Fi�st Name Middie Name Maiden � cr�o .I-o r�. x,,�. s� L... No v� Iqi �iz �s�i �s��y Type of tdonprofit Organization: �Fratemai ❑ Veterans O Religious Q Other �o�profit Number of years organizabon has been in existence as s nonprofii organization _ � T ) L'�r%i� Attach a copy of a certiflcate of good standng as a nonprofit organiza6o� from the Minnesota Secretary of State's otfice and/or a letter from ihe IRS dedaring income tax exemption. (Do not send a sales tax�pertnit or Federai empbyer identificatio� infoRnatio�) Number of Active Members 9DU "f' (musi be age 18 and older) When dces tfie organiza6on hold regular meeBngs? Oay (s) �,:� � L-�.i'S �'��,lIZSU�Y Nours ��• �S� � �`�, Has the Compensation Schedule for ihe ciment yea� been submitted on the fortn provided by the` boardl O yes �` If no, attach a copy i - Have Intemal Controls tor the curre�t year been submitted on the fortn provided by the board? ❑ yes '�If no, atiach a oopy. Class of Organization License �Class A— Bingo, Raffles, Paddlewheels, Tipbaards, Pu(t-tabs ❑ Class B— Raffles, Paddlewheels, Tipboards, Pul!-tabs ❑ Ctass C — Bingo only ❑ C(ass 0 — Raffles onty Cheek the bvz that most accurately summarizes the gambling at all of your premises. The organization llcense must reflect all forms of gamhllng conducted by your organization. :;:�� «=�; `>� � ;r<`:�::�<:>sr;:::; ��:: <`';: � : �:� t:'-::::::#:`�>:>:<`:;:>::>:::; �`:;;:r:>:::<'z:::>:.r <:`::>A`'::<:;:;;ti <�:>::�:'»<:<�'s<::;: �:>>r :;:;;;,,,.>:«<; <;:;:;`;ti.ti <.;:`!,,,`,;:.,,.,:';<`":;::;:: :.. .. . . ........... ... . . ."'. . ._:. . ,:�:::t.::;�::::-•�::::5:>i:�:�i:�:-:-s:�.`:5:�::;:::•'::::3. . tQ ::;::> .:..:::::::..:::::::::: ;::::.:.: •:.. . ...... ..:.:.::. ....:.. :.: �:.: S �I�..O .. .>,... .f.:.: :.:.. .�:.;>.:.x•: •:::::.....:. ,. ;:�1C ['>::-;� eTIS C . `�: ;: •: �:.::.:.:<::�.<:�:•:::•,,..,..., ...............::::.::...;:.�::.:. . ......... ..: ,........: .. .. hec�`c..: one. . ................ .... .. ..::: ., ...... ............. ............:.....................::.�:.:::::..::. ... ...:.:... ........... .. .. .:::.::.::.: :,: :.::::.�.::.::�:.:..:: ::.: ::::,,..:�:.�:..:�:.,............ ................... :..:: :..;:::;;..:.,:: :..:.:}::�. . . ... . ,.:. . .. .:.::::::: - . . . E , ❑ Organizatio� has never been licensed. • � Renewal of existing license — Fip in s�m l�te license number _��— �74 �,� ;—L�(J � ❑ Change in class of existing I'�cense — Fill in m e license numbe� ❑ Previously expired license — Fill i� comolete lice�se number 15E 0 , Virgil C. Herrick James D�. Hoeft Gregg V. Herrick Of G�unsel David P. Newman T0: FROM: LL �l��LL�1111 `U. P V�� Y J. !�};1�A� V �� A'TTORNEYS AT I,AW M E M O R A N D U M �/ �� ''Bill Burns, City Manager �:� Barbara Dacy, Community Development Director Darrel Clark, Chief Building OfFicial Gregg Herrick, Assistant City Attorney DATE: April 16, 1991 RE: D�.aft Stops in Chimneys in Westi Brenner Pass Townhomes Concern has been raised with regard to the City's interpretation of the State building code as it pertains to the West Brenner Townhomes. The first concern involves approximately five townhomes which have not had any repairs to their original chimneys. It appears likely that these townhomes were constructed with no fire stops, clearly in violation of th� code. These townhomes were constructed and inspected in the late '70's and early '80's. The second problem with regard to these townhomes involves the City's interpretation of the fire code. When a number of these townhomes repaired and rebuilt their chimneys, it appears they relied upon a code interpretation by the Fire Department. This interpretation led to the repair and installation of a single fire stop in each of the unit's chimneys. The most recent building permit disclosed that the Fire Department was interpreting the code differently.than the Inspection Department. Because of the difference in interpretation of the code, Darrel Clark contacted the State as to their interpretation oP this code requirement. While the State has indicated they ravor the interpretation that would require three fire stops, one for each floor the chimney passes, Darrel Clark has indicated that other city insQectors have stated the code could be interpreted to require only one fire stop. The general rule in Minnesota is that a city cannot be held liable for negligent examination or inspection unless special circumstances exist to create a special duty to individual members of the public. The court has held that the examination and inspection of buildings for fire or other hazards is a public duty and, therefore, the city would not ue subject to liability to specific individuals. The courts have indicated, hocaever, that on a case-by-case basis, a special duty can be owed if the following are found: Suite 205, 6401 Universiry Avenue N.1'�.gridley, Minnesota 55432, G12-571-385U Memo April Page to Burns/Dacy/Clark 16, 1991 2 1. The city has actual knowledge of the dangerous condition. 2. The plaintiff has a reasonable reliance on specific recommendations of the municipality. 3. A statutory duty for municipal protection of a particular class exists. 4. Municipal action which increases the risk of harm. Even thouqh the City currently has actual knowledge of the situation and made specific recommendations as to the number or fire stops required, this is an issue which deals with an administrative interpretation of the code and which would most likely be interpreted as a public duty to which no liability would attach. In discussing this matter with the City'� insurer, the League of Minnesota Cities, it was determined that because of the City's actual knowledge of the situation, the City should notify these individuals that its current interpretation of the code would require three fire stops to be installed in each chimney and that the City would recommend that they update the construction of their chimneys. Because�this is an interpretation question regarding the code, it is our opinion that the City would not have an obligation to the homeowners to reconstruct the chimneys. As long as the City acted in good faith in making its interpretation, .liability far reconstruction should not exist. The City shouZd condition the issuance of future permits for repair or improvements on the installation of additional fire stops. With regard to responsible for installation of interpretation interpretation would not have GVH:ldb Mr. Rochelle's complaints that the City should be the added costs to his remodeling for the two additional fire stops, the City's current of. the code is in conformity with the State's of that code section and, therefore, the City any liability for enforcement of that code. 16A 17 � � FOR CONCURRENCE BY THE CITY COUNCIL LICENSES F�p�.� Apri l 22, 1991 Type of License: BY: Approved By: Fees: CARNIVAL MCM Inc. (Magel's Carnival L. Magel Sr. James P. Hill $825.00 7825 Cambridge St. Public Safety Dir. (Dep) $200.00 St.Louis Pk.,MN55426 CIGARETTE FMC Cor�.. Service Am. " 4800 E. River Rd. Fridley, MN 55432 Fridley Country Boy Country house Inc. " 6501 Central Ave. N.E. Fridley,MN 55432 George's Restaurant Anthony Nicklow " 3710 E. River Rd. Fridley, MN 55432 Hanna ��agic Car Wash Va�ctory Enterprises Inc. 7300 University Ave.N.E. Fridley, MN 55432 Service Am. Corp. Same ° 7490 Central Ave.N.E. Fri dl ey, P•1N 55432 5uper Am.#4199 Birch Bru, Inc. " 7299 Hwy. 65 N.E. Fridley, MN 55432 SuperAm. #4175 " " " " 5667 University Ave.N.E. Fridley, MN 55432 SuperAm.#4207 " " " 7449 E. River Rd. Fridley, MN 55432 Swings Spurette John Swingdorf " 6485 E. River Rd. Fridley, MN 55432 E. River Rd. Texaco Donald M. Kisch " 8100 E. River Rd. Fridley, MN 55432 €NTERTAINP4ENT � �� � �� �� �� �� �� �� �� �� �� �� �� �� ,� �� $48.00 $12.00 $24.00 $12.00 $12.00 " $12.00 $12.00 " $12.Od " $12.00 $12.00 George's Restauarnt Anthony Pjicklow James P. Hill $85.00 3710 E. River Rd. Qublic Safety Director � 19 � _ FOR CONCURRENCE BY THE CITY COUNCIL fR�IDL�EIf Apri 1 22, 1991 Page 2 GAMBLING PERMIT LICENSEB George's Restaurant Anthony Nicklow James P. Nill 3720 E. River Rd. Public Safety Director Fridley, MN 55421 Maple Lanes Bowling Center D. Savelkol " 6310 Hwy. 65 N.E. Fridley, MN 55432 ' ON SALE AND SUNDAY LIQUOR LICENSE George's Restaurant Anthony Nickiow " 3720 E. River Rd. Fridley,.MN 55421 TEMPORARY ON SALE BEER Fridley Jaycees P�lark ��1cCown �� P.O.Box 32004 Fridiey, M�J 55432 OFF SALE.BE�R E. River Rd. Texaco �onald ��1. iCisch " 8100 E. River Rd. Fridley, MN 55432 SuperAm.#4207 Birch Bru, Inc. " 7449 E. River Rd. Fridiey, MN55432 SuperAm.#4175 " " " 5667 University Ave.N.E. Fridley, MN 55432 SuperAm. #4199 ° " " 7299 Hwy. 65 N.E. Fridiey, MN 55432 Swings Spurette John Swin�dorf - 6485 E. River Rd. Fridley, MN 55432 PRIVATE GAS PUMP Determan Welding & 7ank Serv. James R. Determan 1241 - 72nd Ave. N.E. Fridley, MN 55432 19A R, �� �� �� �� �� �� �� �� n $300.00 $300. 00 " $9,000:00 � Sunday $200.00 " Exempt " $fi0.00 $60.00 Richard Larson Fire Inspector " $60.00 " $�0.00 " $60.00 $30.00 � � FOR CONCURRENCE BY THE CITY COUNCIL il 22, 1991 REFUSE HAULER Becker's Sanitation ,19447 Saugh St. N.W. Elk River, MN 55330 Waste Management Blaine 10050 Naples St. N.E. Blaine, MN 55432 RETAIL GASOLINE E. River Road Texaco 8100 E. River Rd. Fridley, MN 55432 Fridley,Country Boy 6501 Central Ave. N.E. Fridley, MN 55432 Hanna`Magic Car Wash 7300 University Ave.N.E. Fridley,; MN 55432 Swi.ngs Spurette 6485 E. River Rd. Fridley, MN 55432 SOLICITOR(CHARITABLE) Mn. COACT 324 Henn. Ave. N.E. R1p 1 s. MN 55401 Greenpeace Action 2637 Nicollet Ave. So. P1p 1 s. h1N 55408 RETAIL GASOLINE SuperAmerica #4175 5667 University Ave Fridley MN 55432 SuperAmerica #4199 7299 Highway 65 Fridley MN 55432 SuperAmerica #4207 7449 East River Rd Fridley MN 55432 Ronald Beckers Kent L. Harrell Donald M. Kisch Country House Inc. LICENSES Pa4e 3 Richard Larson Fire Inspector �� �� Victory Enterprises " " " �� � i I John Swingdorf " ° " Rosal ie Loeffl er Jarr�es P. Hi 11 Public Safety Director, Wm. Busse James P. Hill Public.Safety Director SuperAmerica Group Inc Richard Larson Fire Inspector SuperAmerica Group Inc Richard Larson Fire Inspector SuperAmerica Group Inc Richard Larson Fire Inspector 19B $75.00 $195.00 $60.00 $60.00 $60.00 $60.00 Exempt Exempt $60.00 $60.00 $60.00 � � FOR CONCURRENCE BY THE CITY COUNCIL LICENSES BLACKTOPPING Minnesota Roadways Co 147 N Jonathan Blvd Chaska, rIIJ 55318. Jack Mueller ELECTRICAL Advanced Electric Co Inc 4407 Loretta Ln � Minnetonka rIlJ 55345 Ronald Leidall ' Aid Electric Service 7101 Highway 65 Fridley I�T 55432 Gerald Koskiniemi American Eagle Electric Inc 9420 Ermine Blvd NW Anoka MN 55303 Judith Billmark Arctic Electric Inc 2632 8th Ave N Anoka MN 55303 Reynold Lindberg B & L Electric Inc 3933 West 143rd St Savage 1�T 55378 Robert Ward Bacons Electric Co 6525 Central Ave NE Fridley NIl�T 55432 Richard Paddock Blaine Heating A/C & Elec Inc 13562 Central Ave NE Anoka MN 55304 Kenneth Chouinard Braastad Electric Inc 17620 Hwy 65 NE Soderville MN 55304 Harold Braastad CSI Electric Inc � 5241 West Broadway Minneapolis MN 55429 Donovan Slough Clinton Electric Co 4009 E Lake Street Minneapolis MN 55406 Michael Ackerman Comm-Tech Electrical Contr Inc 14216 - 23rd Ave N Plymouth MN 55447 Michael Schmitt Commonwealth Electric of MN Tnc 554 Broadway St Paul MN 55101 Tracy Donovan 19C DARREL CLARK Chief Bldg Ofcl STATE OF MINN Same Same � Same Same Same Same Same � Same Same Same Same Contractors, Public Pools, & Trailer License Renewals Donnelly Electric Inc 1126 Rice Street St Paul MN 55117 Edward Sobanski Dymanyk Electric Inc 1915 NE Broadway Minneapolis MN 55413 Joan Bachynsky Egan-McKay Electrical Contr Inc 7100 Medicine Lake Rd Minneapolis MN 55427 James Rivard Eichmiller, Steve Electric 8424 Dupont Ave N Brooklyn Park MN 55444 Steve Eichmiller Electric Repair & Construction Co Inc 4024 Washington Ave N Minneapolis MN 55412 Donald Cole Electric Service Company 1609 Chicago Ave S Minneapolis MN 55404 James Peterson John Ess & Sons Inc 11401 Co Rd #3 Hopkins MN 55343 Edward Gully Electric 19951 Uplander St NW Cedar MN 55011 Gunnar Electric Co Inc 7960 Eden Prairie Rd Eden Prairie MN 55347 Heights Electric Inc ?04 - 40th Ave NE Minneapolis MN 55421 Highland Electric Inc 2030 St Clair Ave St Paul MN 55105 Hunt Electric Corp 2300 Territorial Rd St Paul MN 55114 Industrial Electric Company 600 South 9th Street Minneapolis MN 55404 Killmer Electric Co Inc 9702 - 85th Ave N Maple Grove MN 55369 Vernon Steppe Edward Gully Forrest Woody Walters Steven Nelson William LaLonde Robert Tipler Sherman Wollan Duane Palmer 19D Same Same Same Same Same Same Same Same Same Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals Lakeview Electric Co 8116 Pillsbury Ave S Bloomington NIIJ 55420 Les Froysa Lehn Electric Inc. 214 E Main St Anoka MN 55303 Tim Lehn Lindell Electric Inc 710 - 87th Ln NE Blaine MN 55434 Ronda Schiebout Mayer Electric Corporation 5128 Hanson Court Minneapolis NIlJ 55429 Cherie Holm Mellas Electric Inc 17065 Xylite St NE Ham Lake MN 55304 Robert Mellas Mik-Lyn Electric Co Inc 1305 Jefferson Hwy Champlin MN 55316 Michael Belko Muska Electric Company 1985 Oakcrest Ave Roseville MN 55113 Walter Moore Nordberg Electric 126 South Adams Cambridge MN 55008 Paul Nordberg North Side Electric Co 1405 - 44th Ave No Minneapolis MN 55412 James Stumpfa Pete's Repair Inc 8835 Xylon Ave N Brooklyn Park MN 55445 Pete Perusse Phasor Electric Co �� 13809 Industrial Park Blvd Plymouth MN 55441 Kirk Herman Prairie Electric Co Inc 6595 Edenvale Blvd #120 Eden Prairie MN 55346 Ronald Oswald Premier Electrical Corp 3400 - 48th Ave N Minneapolis MN 55429 Lonnie Bellin R& O Elevator Co Inc 8324 Pillsbury Ave S Bloomington MN 55420 Lee Arnold 19E Same Same Same Same Same Same Same Same Same Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals Residential Electric Inc 2356 Charles Ave St Paul MN 55114 Ries Electric Company 777 North Concord So St Paul MN 55075 Royal Electric Co Inc 7401 Central Ave NE Fridley MN 55432 SECO Inc 2817 Lyndale Ave S Minneapolis MN 55408 Sherwood Electric inc. 1211 Old Highway 8 New Brighton, NIl�i 55112 Snyder Electric Co 6112 Excelsior Blvd St Louis Park MN 55416 Southside Electric 4219 Bloomington Ave S Minneapolis MN 55407 Starbird Electric Co Inc 1938 West Broadway Minneapolis MN 55411 Suburban Lighting Inc 6077 Lake Elmo Ave N Stillwater MN 55082 Three Phase Electric Inc 2705 Fox Ridge Blaine MN 55434 Total �lectric Inc 1537 92nd Ln �NE Blaine MN Wiring by Weir Inc 410 Ensign Ave N Golden Valley MN 55427 Young Electric Inc 5D26 North Highway 169 Minneapolis MN 55428 ERCAVATING American Excavating 20516 Viking Blvd Wyoming MN 55092 John Heinen John Ries Michael Gannucci Stuart Gilbert Jerry Snyder David Wintheiser Michael Heffron Phil Larson Gary Hennings Richard LeVoir John Weir Bruce Young James Lang 19F Same Same Same Same Same Same Same Same Same Same Same Same Same DARREL CLARK Chief Bldg Ofcl Contractors, Public Pools, & Trailer License Renewals Carl Bolander & Sons Co 251 Starkey Street St Paul MN 55107 Dominique Najjar Renollett Trucking Inc 2324 - 153rd Ln NW Andover MN 55304 Daniel Renollett United Water & Sewer Co 11666 Wayzata Blvd Minnetonka MN 55343 Wallace Owczarzak GAS SERVICES Air Comfort Inc 3944 Louisiana Circle St Louis Park MN 55426 Donal Ruden All Season Comfort Inc 1417 -18th St NW New Brighton Mn 55112 Richard Larson American Burner Service 601 N Prior Ave St Paul MN 55104 Lyle Rotvold Anderson Heating & Air Cond 4347 Central Ave NE Columbia Heights MN 55421 Ricky Anderson B& D Plumbing & Heating Inc 4091 MacIver Ave NE St Michael MN 55376 William Daleiden B& H Heating Cooling & Refrig RT 2 Box 220C Buffalo MN 55313 Brian Ihmken Blaine Htg A/C & Elec Inc 13562 Central Ave NE Anoka NIlJ 55304 Kenneth Chouinard Branch Air • � Route 2 Box 179 Isanti MN 55040 Ray Cveykus Centraire Inc 7402 Washington Ave S Eden Prairie MN 55344 LeRoy Seurer Custom Mechanical Inc 5973 3rd St NE Fridley MN 55432 Donald Dickison DelMar Furnace Exchange Inc 4080 - 83rd Ave N Brooklyn Park, MN 55443 Del Wischmann 19G Same Same Same CLYDE WILEY B1dgJMech Insp Same Same Same Same Same Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals Dependable Indoor Air Quality Inc 9500 Vincent Ave N Brooklyn Park MN 55444 James Holt Egan & Sons Co 7100 Medicine Lake Rd Minneapolis MN 55427 Gerald Egan Gas Supply Inc 2238 Edgewood Ave S Minneapolis MN 55426 S R Navickas Golden Valley Heating & A/C 5182 West Broadway Crystal MN 55429 S Follese Horwitz Inc 5000 N Highway 169 Minneapolis MN 55428 Larry Swanson J& J Heating & Sheet Metal Inc 211 South Adams Cambridge MN 55008 James Lindell J K Heating Co 1286 Hudson Rd St Paul MN 55106 Johnny Ness Metropolitan Mech Contrs Inc � 7340 Washington Ave S Eden Prairie MN 55344 Thomas Nelson Midwestern Mechanical 9103 Davenport St NE Blaine MN 55434 Gene Beijer Milts Gas Heating Service Inc 2500 Longview Dr New Brighton MN 55112 Milton Witzmann Minnegasco Div of Arkla Inc 201 S 7th Street Minneapolis MN 55402 Michael Fogarty Noel's Heating & A/C Inc 4920 Zachary Ln Plymouth MN 55442 Noel Olson P& H Services Co Inc 208 - 73rd Ave N Brooklyn Park MN 55430 Gerald Steffens Pierce Refrigeration 1920 - 2nd Ave S Anoka MN 55303 John Becker 19H Same Same Same Same Same Same Same Same Same Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals Rapid Heating & A/C Inc 5514 - 34th Ave N Crystal MN 55422 Ron's Mechanical Inc 1812 E Shakopee Ave Shakopee MN 55379 Royalton Heating & Cooling 4120 - 85th Ave N Brooklyn Park MN 55443 Sedgwick Heating & Air Cond Co 8910 Wentworth Ave S Minneapolis MN 55420 Duane Biddle Ron Coster Tom Stewart Thomas Sedgwick Sharp Heating & Air Cond Inc 4854 Central Ave NE Columbia Heights MN 55421 Kevin Hanson Dale Sorensen Co 150 West 88th St Bloomington MN 55420 Standard Heating & Air Cond 410 West Lake Street Minneapolis MN 55408 Suburban Air Cond 8419 Center Drive Minneapolis MN 55432 Superior Contractors Inc 6121 - 42nd Ave N Minneapolis MN 55422 Thompson Air Inc 5115 Hanson Court Minneapolis MN 55429 Welter Ray N Heating Co 4637 Chicago Ave Minneapolis MN 55407 GENERAL CONTRACTOR Alcar Building 5131 Overlook Drive Bloomington MN 55437 American Remodeling Inc 4949 West Royal Ln Irving TX 75063 Dale Sorensen Ted Ferrara Steve Chinander Donald Hoglund Floyd Thompson Ray Welter Jr Al Carr Leslie Connell 191 Same Same Same Same Same Same Same Same Same Same Same DARREL CLARK Chief Bldg Ofcl Same Contractors, Public Pools, & Trailer License Renewals Arndt M J Construction Co 2808 Sherwood Rd Mounds View MN 55112 Marlan Arndt Same Wayne Barkley Construction 67 - 13th Ave SW New Brighton MN 55112 Rodney Billman Inc 151 Silver Lake Rd New Brighton MN 55112 Brickner Builders Inc 6240 Hwy 65, Suite 208 Fridley, MN 55432 Cad/Con Inc 6401 University Ave NE Fridley MN 55432 Carlson-LaVine Inc 2831 Aldrich Ave S Minneapolis MN 55408 Crandall Construction Inc 3933 Douglas Drive Crystal MN 55422 D& D Home Improvement Inc 7401 Central Ave NE Fridley MN 55432 DuAl1 Services Inc 636 - 39th Ave NE Columbia Heights MN 55421 Durabilt Associates Inc 7343 Ann Court Eden Prairie MN 55346 E-2 Construction Inc 12805 Hwy 55 Plymouth MN 55441 Elder-Jones, Inc. 1120 E 8oth St #211 Bloomington MN 55420 Erickson Brothers 4567 West 80th Street Minneapolis MN 55437 Everest Construction Co 2685 Long Lake Rd Roseville MN 55113 Wayne Barkley Tay Kersey Richard Brickner Dick Giddings Shelly Norby James Crandall Donavan Olson Gary Dooner Thomas Kasprzak Craig Ekberg Robert Kanne C James Carlson Maynard Johnson 19J Same Same Same Same Same Same Same Same Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals Franzen Construction Co 4250 - 5th Street NE Columbia Heights MN 55421 Dick Harris Co 6200 Riverview Terr Fridley MN 55432 D W Harstad Co Inc 15850 Lincoln St NE Ham Lake MN 55304 Richard Hastings Co 6331 Riverview Terr Fridley MN 55432 Hoyt Construction 321 W 83rd St Bloomington MN 55420 George B Johnson Contr 5410 Grand Ave N Brooklyn Center MN 55430 Milton Johnson Co 525 Lowry Ave NE Minneapolis MN 55418 Kraus Anderson Const Co 525 S Eighth Street Minneapolis MN 55404 Lindstrom Cleaning & Const Inc 9621 Tenth Ave N Plymouth MN 55441 Lloyd's Home Improvement Inc 1012 - 42 1/2 Ave NE . Columbia Heights�NIN 55421 Mr Siding Incorporated 1080o Xavis St NW Coon Rapids MN 55433 Maertens-Brenny Const Co 8251 Main Street NE Fridley MN 55432 K G Marcy Construction Co 2813 Bryant Ave S Minneapolis MN 55408 Robert Franzen Richard Harris Alton Johnson Richard Hastings Bill Hughes George Johnson Bruce Erickson Janice Goebel Robert Hennen Lloyd Graczyk Larry Shelton Joseph Maertens Kenneth Marcy 19MC Same Same Same Same Same Same Same Same Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals Midwest Fence & Mfg Inc 525 E Villaume Ave So St Paul MN 55075 Tim Nelson Morin Construction Inc 12104 Jefferson St Blaine MN 55432 Kevin Morin New Concept Builders 499 West Lynnhurst Ave St Paul MN 55104 Bruce Mitchell Opus Corporation PO Box 150 Minneapolis MN 55440 W Lyle Meyer Panelcraft of MN Inc 3118 Snelling Ave S Minneapolis MN 55406 Dennis Johnson Pete's Repair Inc 8835 Xylon Ave N Brooklyn Park MN 55445 Pete Perusse Potvin Construction Co 9911 Ives Ln Maple Grove MN 55369 Tom Potvin Skyway Quality Homes Inc 8025 Garfield St NE Spring Lake Park MN 55432 Robert Shimanski D V Selfe Construction Co Inc 17 55 E County Rd H2 White Bear Lake MN 55110 Donald Selfe Steadfast Home Repair 4820 Excelsior Blvd #106 St Louis Park MN 55416 Wendy Johnson Steiner Development Inc 3610 S Highway 101 Wayzata MN 55391 David Distad Thurs Construction 5717 - 113th Ave N Champlin MN 55316 Kevin Thurs Timco Construction Co 9421 West River Rd Brooklyn Park MN 55444 Timothy McKee Twin City Exteriors Co Inc 6000 Bass Lake Rd Crystal MN 55429 Steven Patnode 19L Same Same Same Same Same Same Same Same Same Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals Twin City Storm Sash Co Inc 10825 Greenbrier Rd Minnetonka NIlJ 55345 Unipro Construction Mgmt 3500 W 80th St Suite 100 Bloomington MN 55431 Vic & Sons Construction 10020 olive St Coon Rapids, MN 55433 Watson-Scott Const 14191 70th St S Hastings MN 55033 Ron Williams Construction 600 Janesville Street Fridley MN 55432 HEATING Air Comfort Inc 3944 Louisiana Circle St Louis Park MN 55426 Air Conditioning Assoc 689 Pierce Butler Route St Paul MN 55104 Air & Furnace Care Inc 8733 Humboldt N Brooklyn Park MN 55444 All Season Comfort Inc 1417 - 18th St NW New Brighton MN 55112 Allan Mechanical Inc 6020 Culligan Way � � Minnetonka Mn 55345 � American Burner Service Inc 601 North Prior Ave St Paul MN 55104 Fred Bergacker Bruce Palmer Scott McCulloch Greg Watson Ronald Williams Donal Ruden John Matthews Richard Bidler Richard Larson Elmer Wedel Lyle Rotvold Anderson Heating & Air Cond 4347 Central Ave NE Columbia Heights NIN 55421 Ricky Anderson B& D Plumbing & Heating Inc 4091 MacIver Ave NE St Michael MN 55376 William Daleiden 19M Same Same Same Same Same CLYDE WILEY Bldg/Mech Insp Same Same Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals B& H Heating Cool & Refrig RT 2 Box 220C Buffalo NIId 55313 Brian Ihmken Blaine Heating A/C & Elec Inc 13562 Central Ave NE Anoka MN 55304 Kenneth Chouinard Bostrom Sheet Metal Works Inc 785 Curfew Street St Paul MN 55114 Robert Vranicar Branch Air Route 2 Box 179 Isanti MN 55040 Ray Cvevkus Centraire Inc 7402 Washington Ave S Eden Prairie MN 55344 LeRoy Seurer Custom Mechanical Inc 5973 3rd St NE Fridley MN 55432 Donald Dickison De1Mar Furnace Exchange Inc. 4080 - 83rd Ave N Brooklyn Park, MN 55443 Del Wischmann Dependable Indoor Air Quality Inc 9500 Vincent Ave N Brooklyn Park MN 55444 James Holt Egan & Sons Co 7100 Medicine Lake Rd Minneapolis MN 55427 Gerald Egan Faircon Service Company 2668 Patton Rd Roseville MN 55113 Mary Vliem . Flare Heating & Air Cond Inc� � 9303 Plymouth Ave N Golden Valley MN 55427 Randy Imker General Sheet Metal Corp 2330 Louisiana Ave N Minneapolis MN 55427 James McCarthy Gilbert Mech Contr Inc. 3012 Clinton Ave S Minneapolis, MN 55408 P Dan Gilbert Golden Valley Heating & A/C 5182 West Broadway Crystal MN 55429 S Follese 19N Same Same Same Same Same Same same Same Same Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals Home Energy Center 14505 21st Ave N Plymouth MN 55447 Carl Norman Horwitz Inc 5000 N Hwy 169 Minneapolis MN 55428 Larry Swanson J& J Heating & Sheet Metal Inc 211 South Adams Cambridge MN 55008 James Lindell J K Heating Co 1286 Hudson Rd St Paul MN 55106 Johnny Ness Larson Mechanical 1509 Coon Rapids Blvd Coon Rapids MN 55433 Bob Larson Master Mechanical Inc 9864 James Circle Bloomington MN 55431 Gordon Peters Metropolitan Mech Contr Inc 7340 Washington Ave S Eden Prairie MN 55344 Thomas Nelson Modern Heating & A/C Inc 2318 lst St NE Minneapolis MN 55418 Terry Hutchinson Noel's Heating & A/C Inc 4920 Zachary Ln Plymouth MN 55442 Noel Olson Owens Services Corp 930 E 80th St . • Bloomington MN 55420 R H Oraens P& H Services Co Inc 208 - 73rd Ave N Brooklyn Park MN 55430 Gerald Steffens Pete's Repair Inc 8835 Xylon Ave N Brooklyn Park NIN 55445 Pete Perusse Pierce Refrigeration 1920 -2nd Ave S Anoka MN 55303 John Becker 190 Same Same Same Same Same Same Same Same Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals Ron's Mechanical Inc 1812 E Shakopee Ave Shakopee MN 55379 Rapid Heating & A/C Inc 5514 - 34th Ave N Crystal MN 55422 Royalton Heating & Cooling 4120 - 85th Ave N Brooklyn Park MN 55443 Sedgwick Heating & Air Cond 8910 Wentworth Ave S Minneapolis MN 55420 Sharp Heating & Air Cond Inc 4854 Central Ave NE Colwnbia Heights MN 55421 Standard Heating & Air Cond 410 West Lake Street Minneapolis MN 55408 Suburban Air Cond 8419 Center Drive Minneapolis MN 55432 Superior Contractors Inc 6121 - 42nd Ave N Minneapolis MN 55422 Thompson Air Inc 5115 Hanson Court Minneapolis MN 55429 Fred Vogt & Co 3260 Gorham Ave St Louis Park MN 55426 Welter Ray N Heating Co 4637 Chicago Ave Minneapolis MN 55407 Yale Incorporated 9649 Girard Ave S Bloomington MN 55431 Ron Coster Duane Biddle Tom Stewart Co Thomas Sedgwick Kevin Hanson Co Ted Ferrara Steve Chinander Donald Hoglund Floyd Thompson Donald Bell Ray Welter Jr John Deblon MA$ONRY Country Concrete & Const Inc 16214 Xenia St NW Andover MN 55304 Wayne Knudson 19P Same Same Same Same Same Same Same Same Same Same Same Same DARREL CLARK Chief Bldg Ofcl Contractors, Public Pools, & Trailer License Renewals Jasco Inc 7175 Cahill Rd Edina MN 55439 MikeDonald Cement 1140 Pierce Terr NE Minneapolis MN 55421 Pearson, Ronald Masonry Inc 741 Kennaston Dr Fridley MN 55432 David Olson Donald Siegel Sharon Pearson MOVING Ernst Machinery & Housemovers Corp 9400 - 85th Ave N Minneapolis MN 55445 Kenneth Ernst OIL SERVICES American Burner Service Inc 601 N Prior Ave St Paul MN 55104 Lyle Rotvold Egan & Sons Co 7100 Medicine Lake Rd Minneapolis NIId 55427 PLASTBRING Joe Nelson Stucco Co Inc 1150 98th Ln NW Coon Rapids MN 55433 PLIIMBING A-Aaron's Div. of Waste Inc. 2511 Hwy 7 Excelsior, MN 55331 All-American Mechanical 496 No Prior Ave St Paul MN 55104 Aqua City Plumbing 5428 Nicollet Ave South Minneapolis MN 55419 Gerald Egan Evelyn Nelson Duane Farr Charles Rosenberger Dave Vogelgesang B& D Plumbing & Heating Inc 4091 MacIver Ave NE St Michael MN 55376 William Daleiden Barnes Plumbing Co Inc 134 E 18th Street Minneapolis MN 55403 Bob's Circle Plumbing 52 E Rd Circle Pines MN 55014 William Barnes Bob Schneider 19Q Same Same Same STATE OF MINN CLYDE WILEY B1dg/Mech Insp Same DARREL CLARK Chief Bldg Ofcl STATE OF MINN Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals Boedeker Plumbing & Heating 2905 Garfield Ave S Minneapolis MN 55408 Bohn Plumbing & Heating Inc 8280 Lake Jane Tr Lake Elmo MN 55042 Loren Brown Plumbing 12R # 1 Box 3 8 Delano MN 55328 Bruce Plumbing Co. 3601 - 85th Ave N Brooklyn Park, MN 55443 Budget Plumbing Corp 6420 Flying Cloud Dr Eden Prairie, MN 55344 Kent Carpenter Plumbing 8009 Lake Drive Lino Lakes MN 55014 Dalby Plumbing 1212 East 94th Street Bloomington NIlJ 55425 Egan & Sons Co 7100 Medicine Lake Rd Minneapolis MN 55427 Fignar Plumbing Co 2844 Johnson St NE Minneapolis NIlJ 55418 Fritze Plumbing 9381 Trenton Ln . � Maple Grove MN 5�5369 Gilbert Mech Contr Inc. 3012 Clinton Ave S Minneapolis, MN 55408 Harris Mechanical Contr Co 2300 Territorial Rd St Paul NIN 55114 Hayford Plumbing & Htg 2610 Coon Rapids Blvd Coon Rapids MN 55433 Chester Boedeker William Bohn Loren Brown Joe Bruce Fred Muralt Kent Carpenter Charles Dalby Gerald Egan Stephen Fignar Larry Fritze P Dan Gilbert Gerald Mullenbach Robert Hayford 19R Same Same Same Same Same Same Same Same Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals S M Hedler Plumbing Inc 2519 4th Street NE Minneapolis MN 55418 Sylvester Hedler Same R C Hoffman Plumbing Inc 804 W Sextant Roseville MN 55113 Richard Hoffman Same Horwitz Inc 5000 N Hwy 169 Minneapolis MN 55428 Larry Swanson Same Hutton and Rowe Inc. 2126 - 2nd Ave Anoka, MN 55303 David Rowe Same J& J Heating & Sheet Metal Inc 211 South Adams Cambridge MN 55008 James Lindell Same Jerry's Plumbing 1838 Northdale Blvd Coon Rapids MN 55433 Gerald Thrall Same Joyce Plumbing Inc 4342 Oakdale So Edina MN 55424 Robert Joyce Same Klamm Mechanical Contrs Inc 12409 County Road #11 Burnsville MN 55337 Edward Klamm Same Kolar Plumbing 1397 Selby Ave St Paul MN 55104 James Kolar Same Kramer Mechanical Plbg & Htg 7860 Fawn Lake Dr NE Stacy MN 55079 Edward Kramer Same Larson Plumbing Inc 3095 - 162nd Ln NW Andover MN 55304 James Larson Same Leos Plumbing 8600 Xylon Ave N Brooklyn Park MN 55445 Brian Johnson Same LeVahn Brothers Inc 3200 Penn Ave N Minneapolis MN 55412 Loren LeVahn Same Lindman Plumbing Co 6224 Noble N Brooklyn Center MN 55429 Gary Lindman Same 19S Contractors, Public Pools, & Trailer License Renewals Metropolitan Mech Contrs Inc 7340 Washington Ave S Eden Prairie MN 55344 Midwestern Mechanical 9103 Davenport St NE Blaine MN 55434 R J Miller Plbg & Htg Inc 6293 Jackson Street NE Minneapolis MN 55432 Minnesota Mechanical Inc 509 Front Ave St Paul MN 55117 Minnesota Water Treatment Inc 1461 - 94th Ln NE Blaine NIIJ 55434 Mooney-Ridler Plbg & Htg Inc 2925 Garfield Ave S Minneapolis MN 55408 Northern Plbg & Htg Inc 15685 Medina Rd Plymouth MN 55447 Northridge Plumbing Co 6960 Madison Ave W #10 Golden Valley MN 55427 Nygaard Plumbing 7435 Hwy #65 Minneapolis MN 55432 Olson Plumbing 731 - 44th Ave NE Minneapolis MN 55421 P& H Services Co Inc 208 - 73rd Ave N Brooklyn Park MN 55430 People's Plbg & Htg Co 1148 Arcade Street St Paul MN 55106 Quality Plumbing & Remodeling 11033 Terrace Rd NE Blaine MN 55434 Thomas Nelson Gene Beijer Robert Miller George Fredericks Jennifer Nelson David Ridler Harlan Perron Darwin Baack Nils Nygards Doug Olson Gerald Steffens Ron Gritzmaker Dean Ciccone 19T Same Same Same Same Same Same Same Same Same Same Same Same Same Contractors, Public Pools, & Trailer License Renewals Richfield Plumbing Co 805 - West 77 1/2 Street Richfield MN 55423 Wilfred Schulz Same Roto Rooter Services Co 14530 27th Ave N Plymouth, MN 55447 Schulties Plumbing Inc 1521 - 94th Ln NE Blaine MN 55434 Seitz Bros Inc 16752 - 68th Ave N Maple Grove MN 55369 Solar Mechanical Inc 1628 Hwy 10 Minneapolis I�Ild 55422 Dale Sorensen Company 150 W 88th Street #6 Bloomington MN 55420 Standard Plbg & Appliance Co 8015 Minnetonka Blvd St Louis Park MN 55426 David Lohmann John Schulties Jack Seitz Mike Nally Dale Sorensen Inc Julius Klein Thompson PZumbing Corp 15001 Minnetonka Industrial Rd Minnetonka MN 55345 Kenneth Gause Tim's Quality Plumbing Inc PO Box 22409 Minneapolis MN 55422 Welter & Blaylock Inc 819 W 106th St Bloomington MN 55420 ROOFING Berwald Roofing Co Inc 2440 North Charles St N St Paul MN 55109 Tim Lindholm Bill Yetzer Eugene Berwald L & M Roofing 593 Berwood Ave Vadnais Heights MN 55127 Lyle Nelson Manions Master Roofing 3841 Hayes Street Columbia Heights, MN 55421 Tom Manion 19U Same Same Same Same Same Same Same Same Same DARREL CLARK Chief Bldg Ofcl Same Same Contractors, Public Pools, & Trailer License Renewals Netko Brothers Roofing Inc 7118 Riverdale Rd Minneapolis MN 55430 Rainville-Carlson Inc. 2929 Lyndale Ave S Minneapolis MN 55408 Stock Roofing Inc 289 Liberty St NE Fridley MN 55432 SIGN ERECTOR Alphacom Sign 13809 Vincent Ave S Burnsville MN 55337 Lawrence Signs Inc 945 Pierce Butler Route St Paul MN 55104 Leroy Signs Inc 6325 Welcome Ave N Minneapolis MN 55429 Naegele outdoor Adv Inc 1700 W 78th St Minneapolis MN 55423 Nordquist Sign Co 312 W Lake Street Minneapolis MN 55408 Suburban Lighting Inc 6077 Lake Elmo Ave N Stillwater MN 55082 WRECRING Carl Bolander & Sons Co 251 Starkey Street St Paul MN 55107 SWIMMING POOLS Innsbruck North Townhouse Assn 5506 Meister Road NE Fridley MN 55421 Maurice Filister 5750 East River Rd NE Fridley MN 55432 Five Sands Development 6950 Way2ata Blvd #421 Minneapolis MN 55426 Jean Netko Robert Johnson Warren Stock Jerry Burgeson Larry Norton LeRoy Reiter Tom Klees Jim Tordoff Ray Roemmich Dominique Najjar At: 5506 Meister Rd Same Same Same DARREL CLARK Chief Bldg Ofcl Same Same Same Same Same DARREL CLARK Chief Bl•dg Ofcl At: 5750 East River Rd At: 78 55 East River Rd 19V Contractors, Public Pools, & Trailer License Renewals Harold D Morrow Rt 5 Box P196 River Falls WI 54022 Skywood Inn 5201 Central Ave NE Fridley MN 55421 KCS Property Mgmt 8100 12th Ave S Suite 200 Bloomington MN 55425 At: 5430 - 7th Street At: 5201 Central Ave NE At: 6540 East River Rd Northwest Racquet/Swim/Health Club 5525 Cedar Lake Rd St Louis Pk MN 55416 At•: 1200 East Moore Lk Dr Ellen/Milton Hughes 4410 Douglas Ave S Golden Valley MN 55416 At: 6670-90 Lucia Ln NE Independent School Dist #14 6000 West Moore Lk Dr NE Fridley MN 55432 At: 6100 West Moore Lk Dr Marck Investment Co PO Box 26113 Minneapolis MN 55426 University Ave Assoc 111 83rd Ave NE Fridley MN 55432 Kmit Luciow Associates 3158 Arthur St NE Minneapolis MN 55418 Edric Associates 5024 Normandale Ct Edina MN 55436 At: 1120 - 52nd Ave NE At: 111 - 83rd Ave NE At: 5460 - 7th St NE At: 1200- 72nd Ave NE Black Forest Condo Owner's Assoc 1601 North Innsbruck Dr NE FridZey MN 55432 At: 1601 North Innsbruck Dr TRAILERS Onan Corporation 1400 - 73rd Ave NE Fridley MN 55432 Park Construction 7900 Beech Street NE Fridley MN 55432 At: 1400 - 73rd Ave NE At: 7900 Beech Street NE 19W 20