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06/03/1991 - 6186OFFICIAL CITY COIINCIL AGENDA COUNCIL MEETING JIINS 3, 1991 � �� CIIYOF FRIDLEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Monda.y , Jlme 3 , 1991 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER `� �r S?v -g� � FRIDLEY CITY COUNCIL =��ypF JIINB 3, 1991 PLED(3E OF ALLECiIANCE: �RESENTATION OF PROCLAMATIONB: Foreign Exchange Student Week June 3 - 9, 1991 Lara Claudia Rosales, Mexico Saida Masina Sahari, Malaysia APPROVAL OF MINIITES: City Council Meetinq of May 20, 1991 r � ADOPTION OF AGENDA: OPEN FORIIM. VIBITORB: �'�'!� • (Consideration of items not on agenda - 15 minutes) PIIBLIC BEARING: To Amend Chapter 205 of the Fridley ' City Code, Entitled "Zoning," by Deleting Section 205.09.05.D.(7) and Section 205.09.07.F and Renumbering the Remaining Sections Consecutively . . . . . . . . . 1 - 1B � � FRiDLEY CZTY COIINCIL MEETINa OF JIINS 3, 1991 Paqe 2 OLD BIISINESB: Second Readinq of an Ordinance �stablishing a New Chapter of the City Code of the City of Fridley, Chapter 31, Entitled "Pawn Shops" and Amendinq Chapter 11, "General Provisions and Fees" . . . . . . . . . . . . . . . . . 2 - 2I Approve Revised Comprehensive Sign Plan for 100 Osborne Road N.E. (Tabled 3/25/91) . . . . . . . . . . . . . . . . . . . 3 - 3F NEW BU8INE88: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Deleting Section ,105.09.05.D.(7) and Section 205.09.07.F and Renumbering the Remaining Sections Consecutively . . . . . . . . . . . . . . . . . . . . . 4 - 4B First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning" by Amending Section 205.04, by Adding New Section 205.04.09, "Above Ground Fuel 3torage (AGFS) Tanks" . . . . . . . . . . . . . . 5 - 5A Receive the Minutes of the CATV Advisory Commission Meeting of April 24, 1991 . . . . . . . . . . . . . . . . . . . . 6 - 60 FRIDLEY CITY COIINCIL MEETZNa OF JIINE 3, 1991 Paqe 3 �1EW BIISINE88 (CONTINUED): Receive the Minutes of the Planning Commission Meeting of May 22�199,�w; .�; . . . . . . . . . 7 - 7AA i�y}.�.aV... � . f � A. Establish Public Hearing for June 17, �991, for a Vacation • Request, SAV �91-02, by James and Linda Peterson and Timothy and Donnett Miller, to Vacate the East 110 x 40 Feet of Dover Street as Measured f�om the East Riqht-of-Way Line of Broad Avenue, subject to an Easement for utility purposes over the Southerly 20 Feet of the Portion of Dover Street to be Vacated and a Walkway Easement over the Northerly 10 Feet of the Southerly 20 Feet of the Portion of Dover Street to be Vacated, Generally Located South of 591 Dover Street and North of 7995 Broad Avenue ............... 7E - 7I ............... 7K - 7AA Receive Items from the Appeals Commission Meeting of May 14, 1991: . . . . . . . . . . 8 - 8Z A. Variance Request, VAR #91-09, by Seviola Construction Company Representing Robert P. McKay, to Reduce the Front Yard Setback from 35 Feet to 29.5 Feet, to Allow the Construction of a Garage Addition in Front of the Existing Garage on Lot 6, Block 5, Innsbruck lst Addition, Generally Located at 5218 Matterhorn Drive N.E. ... 8- 8M FRIDLEY CITY COQNCIL ME$TING OF JIINS 3, 1991 paqe � NEW BIIBINE88 (CONTINtTED)t Receive Items from the Appeals Commission Meeting of May 14, 1991 (Continued): B. Variance Request, VAR �91-i1, by Mark Hillstrom, to Reduce the Front Yard Setback from 35 Feet to 21 Feet, to Allow the Construction of a 16 Square Foot Foyer onto the Front of the House, and the Construction of an Attached Carport in the Side Yard, Generally Located at 570 Ironton Street N.E . ............. 8N - 8Z Reissue Special Use Permit, SP #89-08 for a New Tenant at � 7570 Highway 65 N. E. . . . . . . . . . . . . . . . . . 9 - 9I 9 Approve Letter to Innsbruck Townhome Owners Regarding Fire/Draft Stops . . . . . . . . . . . . . . . . . . . 10 - l0A Reschedule Public Hearing for July 22, 1991, for an Ordinance Amending Section 2.05 of the Fridley City Charter . . . . . . . . . . . . . . . . . il - 11B FRIDLEY CITY COIINCIL iiE$TINa OF JIINS 3, 1991 Paqe 5 NEW BIISINE88 (CONTZNIIED): Establish a Public Hearing for July 22, 1991, for an Ordinance Amending Section 2.03.07 of the Fridley City Charter . . . . . . . . . . . . . . . . . 12 - 12A Resolution Authorizing Chanqes in Appropriations for the Capital Improvement Fund and Authorizing the Transfer of Funds from the Capital Improvement Fund, Street Division, to the 1989 Street Fund . . . . . . . . . . . 13 - 13D Resolution Adopting the Amer►ded Joint Powers Agreement for 6-Cities Watershed Management Orqanization . . . . . . . . . . . 14 - 14V Resolution Endorsinq Alternative Funding for State Aid Programs . . . . . . . . . . . . 15 - 15C Informal Status Reports . . . . . . . . . . . . . . . . 16 FRIDLEY CZTY COIINCIL 1�S$TING OF JUNE 3, 1991 Paqe 6 NEW B�SINESS (CONTINLTED) : Claims . . . . . . . . . . . . . . . . . . . . . . . . 17 Licenses . . . . . . . . . . . . . . . . . . . . . . . 18 - 18C Estimates . . . . . . . . . . . . . . . . . . . . . . . 19 ADJOIIRN: Wiliiam J. Nee Mayor Fridiey, MN • STU DENT FOREIGN EXCHANGE WEEK June 3 - 9,1991 �Yt�'3f�?�,��[,5, our community sgreatest asset i.s our youth; and �N�f��,��t,S, tFie �lmerican �"'�eC�IService (�1�"S) organizes arccf administers a program which 6rings students from arounrf tFie world to our community; and �h�3f��,�S, tkis intercFiange of cufture arcrt philosopky contri6utes to tFie education and maturation of our youth in many arc�I variecl ways; and �YV'3f�2�,��I,S, it is the desire of the City of �ridley to sFiow its appreciation and support to our d'rsrinBuisFce�fguests; �O�W, 73f�2�,��0?�,�, B� 17�50L�ED that I,'YVi��iam,�. �1(�e, J�fayor of t6ie City of �"ri�f(zy Fiere6y proclaim tFce weel�,of,une 3rrt to 9th as Student �"oreiBn �xcFiange �Yl�eek, In Honor of Lara Claudia Rosales of Mexico B� I7 �'�Z.11�,73f2�, �,�SOL�ED tFiat Lara Claud'ia �sa(�es 6e made an honorary citizen of tke City of �"ridley rfuring the duration of Fcer stay. IJ1� �INI?J1��',SS `I�t�"X��,�O�; I Fcave set m� harc�f and caused the seaf of the City of �"rid�ey to 6e affi�ed tkis 3�day of �une,1991. WILLIAM J. NEE, MAYOR William J. Nee Mayor Fridley. MN • STUDENT FOREIGN EXCHANG� WEEK June 3 - 9,1991 �1�ER,��1S, our community sgr�eatest asset is our youth; and �1a3fE�,��.5, tFce.�Imerican fielcfSe�vice (��"S) organizes arcrfadministers a program whick drings sturlents from arouruCtke wor(.cf to our community; and �YU3f�.�,�5, this inte�6iange of culture and philosophy contri6utes to tfi.e education and maturation of our youth in many arul varier(ways; and `���,�5, it is tFie desire of the City of �ridley to show its appreciation an�f support to our d'�.stinguishecfguests; �O`W, 7�[��,��"0�,�, BE 17�SOL`I�ED that I, �YVi'!.�'iam�. �1(�e, J�fayor of t�ie City of �ridley Fcer�edy procfaim tFie weel�,of �une 3rrt to 9th as Student .�"oreign �xcFiange 7Nee(�, In Honor of Saida Masina Sahari of Malaysia B2 I7 �41�,7�fE2�, �,�,SOL�ED tkat Suicfa �►�tasina Sahari de made an konorary citizen of the City of �"ricf�ey rfuring the duration of her stay. I� �YVI?J1��',SS 7N3f��,�0� I have set my �iand arccf cause�f tFie seal'of tFce City of �rufley to 6e affi.�ed tFcis 3rrC day of �une,1991. WILLIAM J. NEE, MAYOR TH$ MINIITES OF T88 FRIDL$Y CITY COUNCIL MESTINQ OF MAY 20, 1991 � THE MINIITES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF MAY 20, 1991 The Regular Meetinq of the Fridley City Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Councilmembers and audience in the Pledge of Allegiance. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick MEMBERS ABSENT: None PRESENTATION OF AWARD: . ' 1. � _ • . � ' �_ •' _ �_ � s•�_ _ Mayor Nee stated that the Council wished to present a plaque to Walter Rasmussen in appreciation for his service on the Housing and Redevelopment Authority. He stated that Walter has been a very constructive force, not only in Fridley, but in northeast Minneapolis and Anoka County. He stated that Walter has been involved in commercial development and a number of public service programs such as Habitat for Humanity. He stated that Walter is retiring and the plaque will be delivered to him, as he was unable to attend this meeting. � • '_�• ��� � PUBLIC WORKS WEEK, MAY 19 - 25j 1991: Mayor Nee read and issued a proclamation proclaiming the week of May 19 - 25, 1991, as Public Works Week. He called upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works and to recognize the contributions public works personnel make every day to the health, safety and comfort of Fridley's residents. Mr. Flora, Public Works Director, accepted this plaque on behalf of the Public Works employees. FRIDLEY CITY COIINCIL MEETING OF MAY 20 1991 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING. MAY 6 1991• MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. :�.�:� •� � ���_ The following two items were added under Item 13: (13D) Carnival License for Skip Reinke at Holly Center on May 29 - June 2, 1991; and (13E) Request to Waive Fee for a Banner at Marquette Bank. MOTION by Councilman Schneider to adopt the agenda with the above two additions. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •' •' 1 •� There was no response from the audience under this item of business. PUBLIC HEARING• 1, PiiRT.rr HFn12Tl�rr_ mn su�ND CHAPTER 205 OF THE FRtDLEY CITY CODE ENTITLED "ZONING." BY AMENDING SECTIONS 205 04 "GEN RAL PROVISIOAS." FOR ABOVE GROUND FUEL STORAGE TANKS: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:39 p.m. Ms. Dacy, Community Development Director, stated that Kevin Meeks, an intern under the Urban Corps Program, and she have been working with the Fire Department regarding this ordinance amendment on above ground fuel storage tanks. She introduced Kevin to the Council and stated that he would make a presentation regarding this proposal. Mr. Meeks stated Federal law requires that underground fuel storage tanks (UGFS) be replaced by the year 2000. He stated that there is concern due to the expense of replacement and installation of the tanks that property owners, in order to save money, will switch from underground to above ground fuel storage tanks. He stated that aesthetic and safety impacts need to be addressed, and the proposed ordinance would regulate the placement and installation of above ground tanks. FRIDLEY CITY COONCIL MEETING OF MAY 20, 1991 PAGS 3 Mr. Meeks stated that the Planning Commission has recommended an amendment to the ordinance which provides for the regulation of the above ground fuel storage tanks. Mr. Meeks reviewed the provisions of this amendment as covered under Section 205.04, 9 A-H. A video tape was shown on the locations of above ground fuel storage tanks in the City. Ms. Dacy stated that a letter was received from FMC Corporation requesting clarification of the ordinance. She stated that they wanted to�know the definition of a Class I fuel. She stated that a Class I fuel is a flammable liquid, and a Class II fuel is a combustible liquid. She stated that the word "fuel" would be more clearly defined in this proposed amendment. Ms. Dacy stated that FMC was also concerned about the requirement for fencing, and they also asked if a tank cannot be seen from a public right-of-way would fencing be required. She stated wording could be added that if a tank cannot be seen from the right-of-way, the fencing with slats will not be required. MOTION by Councilman Billings to receive the letter from FMC regarding this proposed ordinance amendment. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that if these tanks were not screened, they may be an eyesore for adjacent property owners. Ms. Dacy stated that as far as aesthetics, the tank should not be visible from a public right-of-way. She stated in industrial zoning districts it is required that vehicles be stored in the rear yard and not be visible from a public right-of-way which is the same approach that was used in regard to the above ground tanks. Mayor Nee asked if there is a reason for the screening other than aesthetics. Ms. Dacy stated that it is primarily for aesthetic purposes, but it is also a safety factor from the Fire Department's viewpoint. Mr. Larson, Deputy Fire Chief, stated that most of Fridley's existing tanks are screened. He stated that the larqe tanks have a lot of valves, and that is the reason why they should be enclosed with an eight foot fence. He stated that service stations are required to install posts into the ground so that vehicles will not back into the tanks. He stated that there never has been documentation of an underground tank catching fire and exploding, but there are many cases of above ground tanks catching fire. Ms. Dacy stated that this amended ordinance would allow above ground fuel storaqe tanks as a permitted accessory use in commercial and industrial zoning districts. She stated that those FRIDLEY CITY COIINCIL MEETING OF MAY 20. 1991 PAGB 4 persons wishing to install an above ground fuel storage tank must meet requirements established by the Uniform Fire Code, the Minnesota Pollution Control Agency, and obtain a permit from the State Fire Marshall. Ms. Dacy stated that in commercial zoning districts and for automotive service stations in an industrial district, above ground fuel storage tanks shall not exceed a 1,000 gallon capacity and/or six feet in height and/or diameter. Ms. Dacy stated that the intent was to prevent a service station from having an above ground tank larger than 1,000 gallons. She stated that thi� would prohibit the storage of gas above ground but would allow storage of propane gas in an above qround tank. Councilman Schneider stated that a business located in industrial zoning could install a 5,000 gallon above ground fuel storage tank. Mr. Larson stated that this could be done, but there are setback requirements which must be met. Councilman Schneider asked if there was a reason to allow more above ground storage tanks even in industiral zoning. Ms. Dacy stated that staff's main concern was with automotive service stations. She stated that on industrial sites there is generally more space and with the restrictions of the Fire Code, she did not believe there would be a problem. She stated that staff did not want to limit the ability of an industry to operate, and the primary focus was on automotive service stations. No other persons in the audience spoke regarding this proposed ordinance amendment. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:00 p.m. �TEW BUSINESS: 2. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY CHAPTER 31 ENTITLED "PAWN SHOPS" AND AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES"• Mr. Hill, Public Safety Director, stated that pawn shops have been locating in the suburbs, and that Fridley has received two inquiries from individuals regarding regulations pertaining to pawn shops. He stated that he felt it may be prudent for the City to enact an ordinance regulating this business. He stated that this ordinance is based on an ordinance prepared by the cities of Bloomington and Eagan and refined for the City's purposes. He FRIDLEY CITY COtTNCIL MEETING OF MAY 20. 1991 PAGB 5 stated that this proposed ordinance has been reviewed by the Assistant City Attorney. Mr. Hill reviewed each section of the ordinance covering such items as licensing, renewal application, license fees, bonding, persons and places ineligible for a license, conditions of a license, restricted hours of operation, and inspections. Councilwoman Jorgenson asked if it is possible, under this ordinance, for a pawn shop to be located in a residential home. Mr. Hill stated that there is nothing in the ordinance that would prohibit it. Ms. Dacy, Community Development Director, stated that it would be questionable to consider a pawn shop a home occupation. She stated that it is not a use identified in an R-1 zoning district. She stated that she felt it would not be a permitted use under the definitions provided in this ordinance. Councilwoman Jorgenson stated she wanted to make sure that someone residing in any residential zone, such as R-1, R-2 or R-3, does not apply for a license under this ordinance. She stated that if such a business could locate in a residential area, it would mean increased traffic in the neighborhood. Mr. Hill stated that under Section 31.10, persons and places ineligible for a license, wording could be added that pawn shops would not be allowed in the re�idential zones. Councilwoman Jorgenson stated that she felt it may be wise to include this wording in the ordinance. Councilman Schneider questioned if this might not be addressed in the Zoning Code. Councilman Billings felt that it may be better to address this question under the Zoning Code to prohibit such a business in residential areas rather than under the licensing ordinance. Councilwoman Jorgenson stated that when the City provided for the licensing of adult businesses, the distances they had to be located from parks and schools was addressed under the licensing, and she felt this was a similar situation. Ms. Dacy stated that the Zoning Code was also amended, and there could be a companion amendment with this ordinance. Mr. Herrick, City Attorney, stated that the only way a pawn shop could be located in a residential zone was if it met all the requirements of a home occupation. He stated that, if the Council FRIDLEY CITY COIINCIL MEETING OF MAY 20 1991 PAGB 6 wished, an amendment could be accomplished to provide that pawn shops would have to be located in a commercial zone. Mr. Burns, City Manager, stated that he also had a concern if pawn shops could be located in a residential area. Mr. Herrick stated that if pawn shops are permitted in a particular zoning district, it is interpreted that it is not permitted in the other zoning districts. MOTION by-Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. RESOLUTION NO. 45-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE CHURCH OF THE IMMACULATE CONCEPTION: Mr. Pribyl, Finance Director, stated that this resolution is to approve the application for a gambling premise permit for Immaculate Conception Church at the Knights of Columbus Hall at 6831 Highway 65. MOTION by Councilman Schneider to adopt Resolution No. 45-1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. �2ECEIVE 'rHE MINUTES OF THE PLANN�NG COMMISSION MEETING OF MAY 8. 1991: A. ESTABLISH PUBLIC HEARING FOR JUNE 3, 1991 TO AMEND A�rFD 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING" BY DELETING AND RENUMBERING CONSECUTIVE SECTIONS OF THE R 3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS (LANDSCAPING�: MOTION by Councilman Schneider to set the public hearing on this amendment for June 3, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of May 8, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COONCIL MEETING OF MAY 20, 1991 PAGE 7 5. ESTABLISH A PUBLIC HEARING FOR JUNE 17, 1991, FOR A REZONING. ZOA #89-04, TO REZONE LOT 4. BLOCK 6, CITY VIEW ADDITION FROM R-2 TO C-_2� GENERALLY LOCATED AT 5701 UNIVERSITY AVENUE N.E. BY ASHLAND OIL COMPANY: MOTION by Councilwoman Jorgenson to set the public hearing on this rezoning for June 17, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � . ..i• � • L � • '� ' � •� ��i� • . . �s .� � � �1 Ms. Dacy, Community Development Director, stated that the owners of Moon Plaza are remodeling their existing marquee which will provide a four foot high light box extending the entire frontage of Moon Plaza. She stated that the light box will provide a white lexan panel on which tenants can place vinyl letters advertising their businesses. She stated that the size of the tenant sign panel will be 3 feet by 16 feet and within the allowable square footage of the Sign Code. Ms. Dacy stated that staff recommends the Council approve the revised Comprehensive Sign Plan for Moon Plaza. MOTION by Councilman Billings to approve the revised Comprehensive Sign Plan for Moon Plaza. Seconded by Councilman Fitzpatrick. Upon a voice �tpte, all voting aye, Mayor Nee declared the motion carried unanimously. 7. REC�IVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST 1991 - 1& 2: Mr. Flora, Public Works Director, stated that eight bids were received for Street Improvement Project ST 1991 - 1& 2. He stated that this project covers the widening and upgrading of 73rd Avenue, sidewalks along 73rd Avenue and into Locke Park and Community Park, various overlays and improvements, the Fire Training Center parking area, and an additional right-turn lane on West Moore Lake Drive. Mr. Flora stated that it is recommended that the contract be awarded to the low bidder, W. B. Miller, in the amount of $366,230.00. MOTION by Councilwoman Jorgenson to receive the following bids for Street Improvement Project No. ST 1991 - 1& 2: Company W. B. Miller 16765 Nutria Street Ramsey, MN 55303 Total Bid $366,230.00 FRIDLEY CITY COUNCIL MEETING OF MAY 20 1991 PAGE 8 Company Midwest Asphalt Corp. P. O. Box 5477 Hopkins, MN 55343 GMH Asphalt 17018 Saddlewood Trail Minnetonka, MN 55345 Hardrives; Inc. 9724 lOth Ave. N. Plymouth, MN 55441 Valley Paving, Inc. 8800 13th Ave. East Shakopee, NII�t 55379 Northwest Asphalt 1451 Co. Rd. �18 Shakopee, MN 55379 Alber Construction 9636 85th Ave. N. Maple Grove, MN 55369 Alexander Construction 9050 Jefferson Trail Inv. Grv. Hgts: , I�J 55077 Total Bid $378,464.40 $394,926.0 $395,732.00 $435,751.60 $440,438.50 $448,762.50 $498,145.63 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for Street Improvement Project No. ST 1991 - 1& 2 to the low bidder, W. B. Miller, in the amount of $366,230.00. Seconded by Councilwoman Jorgenson. Mr. Burns, City Manager, stated that the bid includes $23,000 for paving of the Fire Training Center, and the City has the option to include or delete this item. Councilman Billings asked if this firm has done work for the City in the past and if the provisions regarding prevailing wages are included in the contract. Mr. Flora answered in the affirmative to both of these questions. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF MAY 20, 1991 PAGE 9 8. RECEIVE BIDS AND AWARD CONTRACT FOR SPRINGBROOK NATURE CENTER �AN�SCAPING AND ENTRANCE AREA PROJECT: Mr. Kirk, Director of Recreation and Natural Resources, stated that bids were opened this morning for the Springbrook Nature Center landscaping and entrance area project. He stated that all bids were higher than anticipated. Mr. Kirk stated that the lowe�t bid was $37, 825, and the amount of funds available for this project was about $30,000. He stated that out of this $30,000, the cost for the irrigation system is approximately $5,800 which leaves $24,200 for the portion of the project that was bid. Mr. Kirk stated that it is recommended the Council receive and reject all the bids. He stated that staff will rework the landscaping and rebid in time for the fall planting season. MOTION by Councilwoman Jorgenson to receive the following bids for the Springbrook Nature Center Landscaping and Entrance Area Project: Company Minnesota Valley Landscape, Inc. 10901 Nesbitt Ave. So. Bloomington, MN 55437 Lino Lakers Nursery, Inc. 20195 Greyston�Ave. Forest Lake, MN Fair's Garden Center 201 East Broadway P. O. Box 746 Monticello, MN 55362 Turf Master's, Inc. 919 85th Lane N.W. Coon Rapids, MN 55433 Total Bid $39,375.00 $39,446.00 $37,825.00 $ 6,621 (For irriqation system onlyj Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to reject all the bids for the Springbrook Nature Center Landscaping and Entrance Area Project. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to submit a new proposal in August. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETINa OF MAY 20. 1991 PAGE 11 She stated that these fifteen owners which have one draft stop are in compliance with the Uniform Fire Code. She stated that Ms. Lager, who resides in one of the townhomes, wanted a letter verifying whether her chimney is in compliance with the code. Ms. Dacy stated that based on Mr. Berdahl's letter, Ms. Lager is in compliance. Ms. Dacy stated that as far as the townhouse owners that have no draft stops, she believes the City should advise them that if they work on their chimneys they should be encouraged to install the number of fire stops according to the number of stories in their building. Ms. Dacy stated that there was confusion as to whether one or three draft stops were required in Mr. Rochelle's unit. She stated that Mr. Rochelle did have three draft stops installed, and this is the proper and safest amount. She stated that she believes the City does not have any financial obligation to upgrade the chimneys on the existing fifteen townhomes or the remaining five townhomes which do not have any draft stops. She stated that the City Attorney, Mr. Herrick, has submitted a memo regarding the legal issue. Mr. Herrick, City Attorney, stated that the Council has received a memo from his office which he would briefly summarize. He stated that he reviewed the Uniform Building Code, McQuillin on Municipal Corporations, and cases by the Minnesota Supreme and Appellate Courts. He s��ted that based on all of these authorities, it is his opinion that the City does not have any legal liability in this situation. Mr. Herrick stated the Uniform Building Code indicates that neither the inspector nor the municipality are liable for any oversiqhts. He stated that in reviewing eight or ten Minnesota Supreme and Appellate Court cases, he has quoted the Owatonna and St. Louis Park cases. He stated that he believes these are leading cases in Minnesota, and the Appellate Court has followed these holdings as recently as 1989. Mr. Herrick stated that based on all of these factors, it is his opinion that the City has no liability. He stated that the City is not an insurer of construction of buildings, and the primary responsibility lies with the owner of the building and the contractor. Councilman Billings stated the issue that was not addressed was the request by Mr. Rochelle that a panel be assembled to hold a hearing to determine if there was any criminal negligence on the part of the City staff. He asked if the Council has any authority to act on this request. FRIDLEY CITY COIINCIL MEETING OF MAY 20. 1991 PAGE 12 Mr. Herrick stated that, in his opinion, there is no criminal or civil negligence, and the standard for criminal negligence would be greater than civil negligence. Councilman Billings asked in matters of criminal negligence, depending on the severity, if a grand jury would be involved. Mr. Herrick stated that if the reference is to criminal procedure, this would be correct. Mr. Rochelle, 5435 W. Brenner Pass, stated that he would like an independent board established by the Council that works for the citizens of this City to see if any criminal wrongdoing has taken place. He stated that each one of the cases to which Mr. Herrick referred is one individual person against a city inspector for one particular thing. He stated that what is involved here is twenty homes plus all the rest of the townhomes Mr. Farr built which probably have the same problem. He stated that he contends the City inspector signed off on all these inspections without really seeing that the job was done. Mr. Rochelle stated that his chimney was fixed for one reason only, and there was not anything wrong with the outside of the chimney. He stated that he was told in November 1990 when he bought his townhome that there was a problem with the fire stop. He stated that the lady next door told him not to build a fire because it was a hazard. Mr. Rochelle questioned why the City inspector came out and told his contractor there had to be three fire stops. He stated that Mr. Clark stated there had to be three, and that someone reminded him he signed off for one and then stated to go ahead with one stop. He stated that he does not know if that is criminal or not. Mr. Rochelle stated Ms. Dacy contends that only new construction now requires a fire stop for each floor. He asked if the owners of the five remaining townhomes took down their chimneys, if they would be told they only need one stop where new construction requires three stops. He asked that because it has been said it is not a threat to life, does it mean that any time something is taken apart in your home and it is not life threatening that you do not have to bring it up to code. He stated it seems that is what is being done in this case. Councilman Schneider asked if the Council does not come to some agreeable conclusion what would Mr. Rochelle's options be. Mr. Herrick stated that he can contact the County Attorney if he feels there is some criminal offense greater than a misdemeanor. He stated that if Mr. Rochelle feels it is a civil action, he would have to contact his own attorney. FRIDLEY CITY COITNCIL MEETING OF MAY 20. 1991 PAGB 13 Mr. Rochelle stated that the Council should forget about the criminal issue. He stated that there is a problem and wondered if anyone felt there has been any wrongdoing. Mayor Nee stated that Mr. Clark has worked for the City for many years, and this is the first time he has heard any complaint. Councilman Schneider stated that Mr. Clark tries to do his job and discharge his duties to the best of his ability, but he is not on site at all hours of the day. Mr. Herrick stated that the City and buildinq inspeetor are not guarantors that a building is constructed in all senses to all codes, and that is the standard interpretation in virtually every state. He stated that there may be two exceptions as indicated in McQuillin's publication. Mr. Rochelle asked if the City was contending it was acceptable to sign off on an inspection even though the inspector �id not see the work done. Councilman Schneider stated he believed that Mr. Clark did not sign off specifically on the chimney, and that it is practically impossible to see every element of construction. Councilman Billings stated that he interpreted from Mr. Rochelle's statements that his primary request was for a board to be established tqadetermine if there was any criminal wrongdoinq. He stated that staff did not address this question, and he asked whether the Council had such authority. Councilman Schneider stated that from the information presented, Mr. Clark conducted a good faith inspection ten years ago. Iie stated that there are numerous legal opinions that the City and building inspector are not a guarantor that every home is built to code. He stated that there is a letter from the State indicating that the way the chimney was built likely met the standards ten years ago. He stated that from all the evidence, perhaps with the exception of the point made by Councilman Billings, the City has done its best job. Mr. Rochelle stated that he believes this issue is very serious and the Council should review it. Councilwoman Jorgenson stated that the Council did review Mr. Rochelle's complaint. She referred Mr. Rochelle to Page 9D of the agenda which quotes Section 202 (f) of the Uniform Building Code of which states, in part, "that a building official, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties." She asked FRIDLEY CITY COtJNCIL MBSTING OF MAY 20, 1991 PAGE 14 Mr. Rochelle if he was implying there was some malice that construed neglect of the building inspector's duties. Mr. Rochelle stated that he was afraid to say something to that effect as he might be sued. Councilman Billings believed Mr. Rochelle wanted someone to review Mr. Clark's record to see if some disciplinary action should be taken because he was not doing his job properly. He stated that this Council acts, basically, as a Board of Directors and has the responsibility to hire and fire one employee only which is the City Manager. He stated that the Council does not have the authority to discipline an employee. Councilman Billings stated that he has tried to take a neutral position which does not mean he does not respect Mr. Clark and everything he has done for the City. He stated that at the same time any one of the Councilmembers, if they look at things done over the past years, can point to something that was done wrong and wished they could have done it differently. Mr. Rochelle stated that he would like a yes or no answer if an inspector can sign off on an inspection without actually seeing the job done. Councilman Schneider stated that his answer is yes, as �someone cannot look at every possible nail, electrical outlet, and materials used in construction. Mr. Rochelle stated that according to Section 104.(C) of the UBC, the townhomes are acceptable with the existing fire stop. He stated that the City knows there are five more townhomes which, it is asswaed, do not have any fire stops in their fireplaces. He asked if it is assumed they do not have to be fixed. Mayor Nee stated that the State has indicated the present situation is tolerable and not unreasonable, but if the chimney is rebuilt, it should be brought up to standard. Ms. Dacy stated that there are a number of issues in the building construction industry that change over the years and, apparently, this is one of the areas. She stated that ten years aqo a detail on the inside of the chimney was not required to be drawn on the plans. Mr. Rochelle stated he has to think that when he was told three fire stops were required the inspector was thinking this was new construction. Ms. Dacy stated that Mr. Rochelle's questions have helped in that, up until this time, the City did not have an official interpretation from Mr. Berdahl. �RIDL$Y CITY COIINCIL MEETING OF MAY 20. 1991 PAGE 15 Councilman Schneider asked Mr. Rochelle how he would like to solve this problem. Mr. Rochelle stated that he wanted an independent board established to check into wrongdoing. He stated that if only one home was involved it would be different, and that he cannot understand why the Council cannot see that there is a problem. He stated that it has cost him money because of the mistake. Mr. Herrick stated that he did not feel Mr. Rochelle�s statement was correct. He stated that the costs to Mr. Rochelle were due to the fact that the contractor did not construct the buildings properly, and the other part of the problem is that no one did anything until the statute of limitations had expired. He stated that the residents do not have any recourse against the contractor. Mr. Rochelle stated that he just bought the townhome in November so the statute of limitations had already run out when he bought the property. Councilman Schneider stated that he understands the funds he used to fix the chimney were in escrow. Mr. Rochelle stated that he had $1,000 in escrow, but this did not cover all the costs. He stated that it was an additional $300 for the fire stops, and he felt he should be reimbursed. Mayor Nee stated that if Mr. Rochelle felt he had a claim, he could submit it for`review by the City's insurance company. Mr. Rochelle stated that he was going to drop his request for an independent board and felt that Mr. Clark has learned a lesson. It was requested that staff place the item regarding notification to the five remaining townhouse owners on the Council's agenda for action. 10. RESOLUTION NO. 46-1991 DESIGNATING MINIMUM FUND BALANCES: MOTION by Councilman Schneider to adopt Resolution No. 46-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 12. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 37508 through 37741. Seconded by Councilman Schneider. Upon a FRIDLEY CITY COONCIL MEETING OF MAY 20, 1991 PAGE 16 voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 13D. CARN�VAL LICENSE - MR. SKIP REINKE: Ms. Dacy, Community Development Director, stated that the Public Safety Director, Jim Hill, has reviewed the license and recamm�nded approval. MOTION by Councilman Fitzpatrick to approve a carnival license for Mr. Reinke at the Holly Center from May 29 - June 2, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13E. REQUEST TO WAIVE FEE FOR BANNER AT MARQUETTE BANK: Ms. Dacy, Community Development Director, stated that this is a request from Marquette Bank to waive the fee for a banner at Marquette Bank who are sponsors for the Honduran athletes during the National Special Olympic Games July 19-27. She stated that the Council's policy has been to waive the fee for non-profit organizations:` Mr. Burns, City Manager, stated that there is private advertising on the banner, and that the Council should probably set a standard in this regard. MOTION by Councilwoman Jorgenson to deny Marquette Bank's request to waive the permit fee due to the commercial nature of the banner. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Mark Traut Wells 151 72nd Avenue South St. Cloud, MN 56301 Repair and Maintenance Project No. 215 FINAL ESTIMATE . . . . of Well No. 1 . . . . . . . . . . . $ 9, 625. 67 FRIDLEY CITY COIINCIL MEETING OF MAY 20. 1991 PAGE 17 Mark Traut Wells 151 72nd Avenue South St. Cloud, MN 56301 Repair and Maintenance of Well No. 4 Project No. 215 FINAL ESTIMATB . . . . . . . . . . . . . . . $10,596.00 Chemlawn Commercial Services 1156 East Highway 36 Maplewood; NIIJ 55109 Corridor Maintenance Project No. 217 Estimate No. 1 . . . . . . . . . . . . . . . $ 3, 685.97 HNTB 6700 France Avenue South Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated Water Reservoir, Project No. 202 Partial Estimate . . . . . . . . . . . . . . $ 1,86b.41 Halvorson Construction 4227 lb5th Avenue Anoka, MN 55304 1991 Miscellaneous Concrete Curb, Gutter &��idewalk Project Estimate No. 1 . . . . . . . . . . . . . . . $ 5, 505. 34 Seconded by Councilman Schneider. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 20, 1991 adjourned at 9:39 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � _ � J DATE: TO: FROM: SUBJECT: Community Development Department G DIVISION . City of Fridley May 30, 1991 ► �� . William Burns, City Manager ;(; �'+ Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Public Hearing for Landscape Ordinance Attached please find an ordinance which will delete two sections from the R-3, General Multiple Family regulations regarding landscaping. In our processing of the new landscape ordinance, we failed to delete these two sections of the R-3 zoning code. The sections to be deleted conflict with the newly adopted landscape ordinance. The City Council set the date of the required public hearing for June 3, 1991. Staff recommends that the City Council hold the public hearing. An ordinance will appear later in the agenda for first reading. NII�I/ dn M-91-370 � 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, June 3, 1991 at 7:30 p.m. for the purpose of: Amending Chapter 205 of the Fridley City Code, entitled "zoning" by deleting and renumbering consecutive sections of the R-3, General Multiple Dwelling District Reguiations: 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS 5. PARKING REQUIREMENTS D. Design Requirements. ?Rl4'le'E�'SI'3'C���-.gAA�CC. .T�T. e�S�cE�°'Z e �-i ._� a _ _ ��� ? 7. PERFORMANCE STANDARDS � �e�e�� s �-91�; ei��ri- ----- -_== i i r s�i�t���e�rts��e�e�= ,_"�_==r=�� =_:�L_==='_-- i � � a i i Q .. ._ti.., i � ���.��] . r...,. � i t � : a... . ...a \�/ ���� �r7�� ������ r��i�.��� ������_�__ __ 1��=� $'1°P$s lG�[IA17T�T. e�'C��'�. �e t-�ia�-ai�eq�e�-�a�re�sea��g - --}_� _a . • �---�nz--=e�s�ae�s� e�-�r� . These sections are in conflict with the recently adopted Ordinance #960 and should be deleted. 1A Page 2 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: May 22, 1991 May 29, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. � c' t��o�F`\{ ► �� , .oi�� r � .� a� -�'' POLICE DEPARTMENT c�y of F��aiey Minnssote ►ATE lyp,y 2 3, 19 91 ROM PUBLIC SAFETY DIRECTOR, J:P. ILL UBJECT PAWN SHOP ORDINANCE ,� � MEMORANDUM ' TO. BILL BURNS � � �r � Enclosed for second reading is an ordinance establishing a new chapter of the City Code of the City of Fridley, Chapter 31, entitled "Pawn Shops" and amending Chapter 11, "General Provision and Fees." Since the first reading on May 13, 1991, section 31.10 (3) has been added which states "No license shall be granted for operation of any premises located in a residential district within the city.° TION INFO X In addition to the new language in 31.10 (3), the Fridley zoning ordinance 205.03.34 (C) "Home Occupation" includes in the criteria of home occupation "no over the counter retail sales are involved." This would seem to preclude a pawn shop operation. At a future date, in conjunction with some other desired amendments, the zoning code could be specifically amended to exclude pawn shops from residential districts. The City Attorney agreed with the proposed resolution to this issue. JPH/sa 2 OR.DINANCE N0. AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 31, ENTITLED "PAWN SHOPS" AND AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES" The City Council of the city of Fridley does ordain as follows: 31.01. DEFINITIONS The following words and terms when used in this Chapter shall have the following meanings: 1. Licensee. The person to whom a license is issued under this Chapter including any agents or employees of the person. 2. Minor. Any natural person under the age of eighteen (18) years. 3. Pawnbroker. A person who loans money on deposit or pledge of personal property or other valuable things or who deals in the purchasing of personal property or other valuable things on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part [hereof. This Chapter does not apply to a person doing business under and as permitted by any law of this State or of the United States relating to banks, building and loan associations, savings and loan associations, trust companies or credit unions. 4. Public Safety Director. The Public Safety Director of the City of Fridley or the Director's designee. 5. City. The City of Fridley, Minnesota, a municipal corporation. 31.02. LICENSE REQUIRED. No person shall exercise, carry on or be engaged in the trade or business of pawnbroker without first obtaining a license from the City as provided in this Chapter. 31.03. INITIAL LICENSE APPLICATION. 1. General. Applica[ions for pawnbrokers' licenses to be issued under this Chapter shall contain information as required on forms prescribed by the City. 2A 2. Nature of Application. The application shall state whether the applicant is a natural person, corporation, partnership or other form of organization. 3. Natural Person. If applicant is a natural person, the following information shall be furnished: A. True name, place and date of birth and street residence address, and length of time at that address, of applicant. B. Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name or names, and information concerning dates and places where used. C. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant. D. Kind, name and location of every business or occupation applicant has been engaged in during the preceding five (5) years. E. Names and addresses of applicant's employers and partners, if any, for the preceding five (S) years. F. Whether applicant has ever been convicted of a felony, gross misdemeanor or misdemeanor, excluding traffic violations, and if so, the date and place of conviction and the nature of the offense. G. If applicant has not resided in the City for three (3) years last preceding the date of application, at least four (4) character references from residents of the State of Minnesota. 4. Partnership. If applicant is a partnership, the names and addresses of all partners and all information concerning each par[ner as is required of a single applicant. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. 5. Corporation. If applicant is a corporation or other association, the following information shall be required. A. Name and, if incorporated, the state of incorporation. B. A true copy of the certificate of incorporation, articles of incorporation or as.sociation agreement and by-laws and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes. C. The name of the operating officer or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant. As used in this Chapter, 28 the term "operating officer" shall mean the person responsible for the day- to-day operating decisions of the licensed premises. D. A list of all persons who, singly or together with their spouse, or a parent, brother, sister or child or either of them, own or control an interest in said corporation or association in excess of five percent (5'L) or who are officers or directors of said corporation or association; together with their addresses and all information as is required of a single applicant. 6. Description of premises. A. Legal Description. The exact legal description of the premises to be licensed, together with a plot plan of the area for which the license is sought showing dimensions, location of buildings, street access parking facilities. B. Street Address. The street address of the premises for which application is made. 7. Taxes. Whether or not all real estate taxes, assessments, or other financial claims of the City, State or Federal government for the business and premises to be ?icensed have been paid, and if not paid, the years for which delinquent. �. Other Information Required. Such other information as the City Council shall require. 31.04. RENEWAL APPLICATIONS. 1. License Period, Expiration. Each renewal license shall be issued for a maximum period of one year. 31.05. EXECUTION OF APPLICATION. If application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the general partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license and bond shall be made and issued in the name of all partners. Any false s[atement in an application shall result in denial of the application. 31.06. GRANTING LICENSES. , 1. At the time of making an initial or renewal application, the applicant shall, in writing, authorize the Police Department to investigate all facts set out in the application and do a personal background and criminal record check on the applicant. The applicant shall further authorize the Police 2V Department to release information received from such investigation to the City Council. 2. Each license shall be issued to the applicant only and shall not be transferable. 3. Each license shall be issued only for the premises described in the application and shall not be transferable to a different location. 4. No change in ownership, control or location of a license shall be permitted except by amendment to the license which amendment must be approved by the City Council. 31.07. LICENSE FEES ESTABLISHED. 1. Annual Fees. The annual license fee for licenses required by this article shall be in the amounts as specified in Chapter 11, General Provisions and Fees, of the Fridley City Code. 2. Investigation Fees: At the time of each original application for a license, applicant shall pay, in full, an investigation fee. The investigation fee shall be as specified in Chapter 11, Provisions and Fees, of the Fridley City Code. 31.08. PAYMENT OF FEES. 1. Initial Fees. The annual license and investigation fees for a new license shall be paid in full before the application for the license is accepted. Upon rejection of any application for a license or upon wi[hdrawal of an application before approval of the issuance by the Council, the license fee only shall be refunded to the applicant except where rejection is for a willful misstatement in the license application. If any investigation outside the State of Minnesota is required, the applicant shall be charged the cost which shall be paid by the applicant, prior to issuance of a license, after deducting the initial investigation fee, whether or not the license is granted. 2. Renewal Fees. The annual license fee for renewal of a license shall be paid in full at the time the renewal application is filed with the City. 31.09. BOND REQUIRED. At the time of filing an application for a license,the applicant shall file a bond in the amount of Five Thousand Dollars ($5,000) with the City. The bond, with a duly licensed surety company as surety thereon, must be approved as to form by the City Attorney. Said bond must be conditioned that the licensee shall observe the ordinances of the City, in relation to the business of pawnbroker, and that the licensee will account for and deliver to any person 2D legally entitled thereto any articles which may have come into the possession of the licensee as pawnbroker or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. 31.10. PERSONS AND PLACES INELIGIBLE FOR LICENSE. 1. No license shall be granted to or held by any person who: A. Is a minor at the time the application is filed. B. Has been convicted of any crime directly related to the occupation licensed, as prescribed by Minneso[a Statutes, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker. C. Is not a citizen of the United States or a resident alien. D. In the judgment of the Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. 2. No license shall be granted or renewed for operation of any premises on which real estate taxes, assessments or other financial claims of the City or of the State are delinquent or unpaid. 3 No license shall be granted for operation of any premises located in a residential district within the City. 31.11. CONDITIONS OF LICENSES. 1. Records. Every license, at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned, shall immediately record, in a book consisting of ink, computer printout or other indelible medium, the following information: A. An accurate description of the article, in English; and any numbers written, stamped, impressed or engraved thereon together with the name of them manufacturer if the name is on the article. B. The amount of money loaned upon or pledged therefor. C. The date, time and place of receipt of the item. D. The full name, residence address, date of birth and reasonable accurate description of the person from whom the item was received E. The identification number from one of the following forms of identification of the person from whom the item was received. (1) A valid Minnesota driver's license; (2) A valid Minnesota identification card; or 2E (3) A valid photo identification issued by the state of residency of the person from whom the item was received and one other form of identification. 2. Disposition of Articles. When any article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof, interest and charges accrued, the amount for which the article was sold and identification of the person to whom sold. 3. Inspection of Records. The records referred to in this section shall be open to the inspection of the police officers at all reasonable times and shall be retained by the licensee for at least four (4) years. 4. Receipt. Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles, a certificate numbered to correspond with the entry in the licensee's records. The certificate shall contain the substance of the entry. S. Reports to Police. Each licensee shall prepare and deliver to the Public Safety Director, every day before 12:00 noon, on forms prescribed by the City, a legible, correct and complete copy from the records hereinbefore required, and a true and correct account of all personal property or other valuables received, deposited, purchased, pledged, pawned, sold or otherwise disposed of during the preceding day. The report and descriptions shall be signed and delivered, in person, by the person making the report to the Public Safety Director unless otherwise directed, in writing, by the Public Safety Director. 6. Exceptions to Reports. No person shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at an open sale from any bankrupt stock or from any other person doing business and having an established place of business. Any goods referred to in this section must be accompanied by a bill of sale other evidence of open or legitimate purchase and must be shown to the Police Department when demanded. 7. One Hundred Twenty-Day Redemption Period. Any person pledging, pawning or depos.iting an article for security shall have a minimum of one hundred twenty (120) days from the date when the loaner pledge becomes due and payable to redeem the article before the article becomes forfeitable. 2F 8. Minimum Period Before Redemption or Sale. No personal property on deposit with any licensee nor property purchased by or sold to, or in any other ways coming into the possession and under the control of any licensee in the due course of business, shall be permitted to be redeemed from the place of business of the licensee for a period of seventy-two (72) hours, nor shall the property be sold within ten (10) days after the copy and statement required to be delivered to the Public Safety Director has been delivered. � 9. Police Restrictions on Sale. Whenever the Public Safety Director shall notify any licensee not to sell or permit to be redeemed any articles received on deposit or purchased by the licensee, the articles shall not be permitted to be redeemed or sold until such time as may be determined by the Public Safety Director. Such time shall in no case exceed the period of six (6) months from the date of such notification. 10. Payment by Check. Payment by licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. 11. Posting License. All licensees shall post their licenses, in a conspicuous place, in the licensed premises under the licensed activity. 12. Responsibili[y of Licensee. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, shall be deemed the conduct of the licensee. 13. Penalty for Property Owner. It is unlawful for any person who owns or controls any real property to knowingly permit it to be used for pawnbroking without a license required by this Chapter. 31.12. RESTRICTED HOURS OF OPERATION; MINORS. 1. No licensee shall be open for the transaction of business on any day of the week before 7:00 a.m.or after 10:00 p..m. 2. No licensee shall purchase or receive personal property, of any nature, on deposit or pledge from any minor. 2G 31.13. INSPECTION. 1. Stolen goods. Any licensee shall, at all times during the term of the license, allow any police office to enter or inspect the premises, where the licensee is carrying on business, and all records pertinent to the operation of the business for the purpose of locating goods suspected or alleged to have been stolen. No licensee shall conceal any article in his possession from any police officer. 2. Inspection by Claimed Owner. All goods, wares or merchandise coming into the possession of any licensee, under the terms hereof, shall at all times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have had any interest therein when such person is accompanied by a police officer. 31.14. CORPORATIONS, PARTNERSHIPS OR ASSOCIATIONS. 1. Licenses issued to corporations shall be valid only as long as there is no change in the officers or ownership interest of the corporation unless such change is approved by the Council, in which event said license shall continue in force until the end of the then current license year. Failure to report any change in stockholders, officers, or managers shall be grounds for the revocation of all licenses held by the corporation. Every corporation licensed under the provisions of this section shall adopt and maintain in its bylaws a provision that no transfer of stock is valid or effective unless approved by the City Council and shall require that all of its certificates of stock shall have print.ed on the face thereof: "The transfer of this stock certificate is invalid unless approved by the City Council of Fridley, Minnesota," and failure to comply with this provision shall be grounds for the revocation of all licenses held by the corporation. The provisions of this section shall not apply to the issuance of any license to a corporation whose stock is traded on a public stock exchange. 2. Licenses issued to associations or partnerships shall be valid only as long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the Council, in which event said license shall continue in force until the end of the then current license year. 3. Corporation, partnerships or associations shall submit written notice to the City of any such changes described herein on or before thirty (30) days prior to the effective date of any such change. In case of a corporation, the licensee shall submit written notice to the City when a person not listed in the initial application will be acquiring an interest and shall give all information about said person as is required of a person pursuant to the provisions of this Chapter. 31.15. REFUSAL, SUSPENSION OR REVOCATION. 1. It is unlawful for any applicant to make a false statement or omission upon any application form. Any false statement in such application, or any omission 2H to state any information called for on such application form, shall upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto, void. Prior issuance is no effect to protect the applicant from prosecution for violation of this section or any part hereof. 2. The City Cauncil may suspend or revoke a license issued under this Chapter for operation on any prernises on which real estate taxes, assessments or other financial claims of the City or of the State are delinquent, or unpaid. 3. The City Council may suspend or revoke a license issued under this Chapter upon a finding of a violation of any of the provisions of this Chapter or any State Statute regulating pawnbrokers. Any conviction by the pawnbroker for theft, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. 4. Except in the case of a suspension pending a hearing on revocation, a revocation or suspension of a license by the Council shall be preceded by a public hearing. The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. 31.16. PENALTY. Violation of any provision of this article shall be a misdemeanor. CHAPTER 11 GENERAL PROVISIONS AND FEES. Section 11.10, Fees: is amended to include the following pawnbroker license. 31 Pawn Shops $8,000 Investigation Fee $400 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ___ , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: May 20, 1991 Second Reading: Publication: WILLIAM J. NEE - MAYOR 2� r � � i DATE: TO: FROM: SUBJECT: Community Development Department G DIVISION City of Fridley May 30, 1991 William Burns, City Manager�it n. . i� 1l Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Revised Comprehensive Sign Plan for 100 Osborne Road N.E. At their February 25, 1991 meeting, the City Council tabled action on this item pending receipt of the revised language on the owner's letterhead. Staff has now received this language. The proposed sign is an internally illuminated, self-contained cabinet sign which will be attached to the building wall. The area of the sign is 40 square feet, which is less than the 108 square feet that would be allowed by code. All other tenants wishing to install wall signs will have to comply with these standards (at this time, however, Discount Tire is the only tenant with a wall sign). Staff recommends that the City Council approve the proposed sign plan with the stipulation that the Discount Tire sign be removed by June 30, 1991. NIlK/dn M-91-374 .��� � � � �?�� � A PQUrr.s�io.r�i Ax�ix;iwrluY IriGc�srus�►ieu As Joffir F. Hoxxat LIL Y.A .totrx F. D�x,rts �nnA-�e�� Jc�n� 1�. $uw.rss, .1a., F{�riu�tb •Joax F. Doxx..a I1T B�� R. Mwsrc�es �'G�RY W. PEE1tY C i ty of Fr idley Fridley Municipal Center 6431 University Ave. N.E. Fridley, MN 55432 May 29, I991 7 t:s i�e=� l�nwce Urzica Csxrs: :l7iQ1 �►AlZATA �OVLLV�D :�lr..r�swsoL[n. �iixars�orw S64fE-I�QY Ta�raor►s (4») sa�-eeaa t�.:(a�a) s��•��o� RE: Comphrehensive Sign Plan for l0U Osborne Road N.E., Fridley Dear Members of the City Cvuncil and Mayor: The following is proposed languaqe acceptable to my client modifyinq the cvmprehensive siqn plan fdr the above-captioned property: 'Tenant signs shall be internal illuminated, self-contained cabinet signs attached to the building wall. The dimension of the sign shall be a maximum of four feet hiqh by twelve feet lonq. Th� square footage should not exceed that allowed by the Cf ty Code. " This modification is intended on�y to modify that portion of the plan concerninq siqns mounted on the buildinq. I have been authorized by my client Coachman Diversified Warebouse Joint Venture to advise you of the foreqoing. JFB:jf cc: Client ��,� Joax F. BoxxEa 18ae-lee3 aTOBN F. BONNEB, JB., RETIBED Joax F. BoxxEa III Bai.�x R. MwaTExs MA.SB w. PEEBY �011/ll.P/!� a.:?.2tl� � � A PEOPESSIONAL ASSOCIATION INGOHPOBATED As Josx F. BoxxEa III, P.A. February 8, 1991 City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Attention: Michele McPherson RE: 110-112 Osborn Road Fridley, Minnesota Sign Permit Dear Ms. McPherson: 745 PABS PLAG$ OFF2GE GEN?EB 5775 WsYZSTS BOULEVAaD MnpNBSPOLI6, MINxESOTw 55419 TSLEP80NB (618) 54Y'8622 Fex(ei2) sa2-»ot I represent Sun Belt Business Centers, Inc., the manager of the above-referenced property. My client has recently rented space in the building to Discount Tire, Inc. Discount Tire, Inc. has cequested our permission to erect a sign on the building adver- tising its services. My client has reviewed the sign and approved it and has authorized me, on behalf of my client, to request the City's approval of this design and placement of the sign. I am attaching to this letter a drawing of the sign which my client has approved, as well as an additional drawing showing the intended location of the sign on the building. I am also informed Tire, Inc ., or hi s in order to obtain 541-0412. that Michael Riefer, Esq., attorney for Discount client will attend any public hearing required sign approval. You can contact Mr. Kiefer at Finally, yo�i are informed that the sign which is portrayed on the drawings attached is the only sign currently approved by my client for placement on the property. In the event Discount Tire, Inc. or the City requests changes, my client's approval is, pursuant to the terms of the lease, a necessary pre-condition of placement of the sign on the property. 3B ys. Michele McPherson February 8, 1991 Page 2 If you have any questions with respect to the foregoing, please feel free to contact me. JFB : j f Enclosure cc: Michael Kiefer, Esq. Sun Belt 3C . / � Sun Be1t (ZIA Belt) Business Centers, Inc. Mardi 21, 1983 Mr. Steven J. OLsan, R. S. IIZVix,os�ental Of fiver City Of FYidley 6431 Univexsity Avenue, N. E. FYidley, Mint�esota 55432 M81II O�CC s�is xBW�s, x.E. Albeiquerquc, Ne� D.' 9 (b06) 34b-8829 Maaegement Dlvision 1616 North 61 Street Omaba, NebraBka 6810+� (402) bbl-$891 Ae: Sign Plan for 100 O�bon�e A�ad, N. E. FYi.dley, Mi.niiesota Dear Mr. OLSOai : �'� �,� � �� J y. � � -c f��i� �. tJ � �ri ��r,� � I am in reoeipt of your letter, dated Marc3z 8, 1983. xegarding the �Uave mentioe�ed subject matter. �►en signing a new lease � any of our pn7perties, we sugc3est the follvwirig �eg�lations for sic�s � the buildings which in- cludes our 100 Osborne i�ad p�erty: Sicp�s sh�uld be appmximately 20" x 96" . Zize sic,g� aatpany w�e have been using thtivugh Des Nbines, Ic�wa oa�pletes these signs with bronze badcgr�iaul and imitation gold letter- ing. �is oatpaTZy will also ad�d a oanpany logo for an additional $75.00 per �lor extra. Zt�e ba.5e sicp�► aost is $350.00. We would permit the t�.nant to obtain their own sign if he keeps it c�lsistent with the aUo�ve guidelines . SVC/st Fhclosure (Saa�pl,e) Sinoerely, n /��z�".' � �l:l ����. �t� J.,,�ti� vioe Presiaent in Q�ar�e of Manag�anent 3D r fi N . � v L�Fr �=�.1 ' �;, 1�' �= L�l l_�:�F'FICE- -------..-�,- _ . -. - - - - _ . . _ _� r � �� -�-�_ � ^ . ..f � � . fi• t�, ..�.:�- , , � ` � �� _! . � ` i �� I � 1 �.1 r� -�. �T __ -�- � F. POft-It'" br8ntl fax transm�:tb' memo 7b'71 'o+►'�'--� � o In r, � � h�n f..1,2 � r 1-� ; z. �� I . °� rr.. � _tc . , � . � i i �I� j ;p, � �! � ° �'( � � �� �� c u' I �I � � �', ' \� �� ��� �'-' � � � �� �\ fi � ' � �i .� r � ':, �, c � , x � � � �: � .� � � � ''I .� \\ \� � � �� � �• '•� � i \ \ �� � , If � V-� x • _ T M � � r' n ° � i � 'ii-rZ o � s i f't -n � � �� v I i i 1 \�� ` `;\; � '; y �I �* �y '. 1 3E � ;;�I�OI O O O �(",�,,��-� Itia � k� �.' \�.1 J � �� �' � :� �; �-� `� � �Fa� f'J�q � � `� �i') �; ► �G � `a a � �, �- �; �, ��� { ' �� , ��, ��° ���' ,� � �t1 (.r7 ^4_1 �� � �� � � E� � Q ,,�3 Fe1i � � �� ,�� _. �; `� r� � , �o , ' �� � I 1 �� � 3 � � ; ; ; � � i 'o , i i I l � � � � _ _ �� � � � � � � � � � � � � W ..1 ; _ � � � ��� � .�' � � � � � • • � � � � � � � � � � � � � � � � � ��w i • � � � -}� � � � G c.fl � r � � !�. � r r � tJJ 1 � a _ • .a � C ' �' � r - • ��-{" 1^'' ; .- T � q _ '-.-. -],1 r � N M x � � � W Z Q � N t!f �o t S � � �Z �z � r � � J Community Development Department G DIVISION City of Fridley DATE : May 3 0, 19 91 /1t, rt� l:. TO: William Burns, City Manager,�, , FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant First Reading of Landscape Ordinance Attached for first reading is an ordinance amending the zoning ordinance to delete Section 205.09.05.D.(7) and Section 205.09.07.F of the Fridley City Code from the R-3, General Multiple Dwelling District Regulations. Staff recommends that the City Council approve this ordinance for first reading. MM/dn M-91-382 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY DELETING SECTION.205.09.05.D.(7) AND SECTION205.09.07.F AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY The Council of the City of Fridley does hereby ordain as follows: 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS 5. PARKING REQUIREMENTS D. Design Requirements. 7. PERFORMANCE STANDARDS i�i@-�H-�-6ii3ii� 9�id-�-�.9 c-m-i is-iziruicr-�� c=ia-r6 a,� � '-.T=� °� ' �nri i �r�ria�s.-�ni mn-a}►�l l o � � i�. .-. ---------� _..., _.-...,.....,...r�-•7 .....,..�� ... .. ......��....�.� ..,,� i L�..1 � �� �������'B��.g'1T�� .....�v�Tl'f 1Y+C�C lyaG� r- i i i ► i • i • . I PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. , .1 Ordinance No. Page 2 ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: June 3, 1991 First Reading: Second Reading: Publication: . � WILLIAM J. NEE - MAYOR � _ � J Community Development Department G DIVISION City of Fridley DATE: May 30, 1991 TO: William Burns, City Manager �� ;'� � FROM: SUBJECT: Barbara Dacy, Community Development Director Kevin Meeks, Intern First Reading of an Ordinance Amending the Zoning Code to Regulate Above Ground Fuel Storage Tanks Attached is the ordinance amendment concerning above ground fuel storage (AGFS) tanks. We have changed the organization of the ordinance to be more readable, and have added language to address concerns from FMC Corporation and the City Council. We recommend the City Council approve the ordinance for first reading. KM/dn M-91-373 5 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING" BY AMENDING SECTION 205.04, BY ADDING NEW SECTION 205.04.09, "ABOVE GROUND FUEL STORAGE (AGFS) TANKS" The City Council of the City of Fridley does hereby ordain as follows: 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE IAGFS) TANKS A. For the Aurposes of the provisions of this section the term "fuel" shall mean Class I and II fuels as defined in the Uniform Fire Code fUFC). The nrovisions of this section do not a�nly to AGFS tanks of less than 265 gallons. B. All AGFS tanks must meet requirements established by the Uniform Fire Code fUFC) and the Minnesota Pollution Control Aqency (MPCA) A permit from the City of Fridley Fire Department and from the State Fire Marshall shall be obtained prior to installation C. AGFS tanks are permitted accessory uses in commercial and industrial zonina districts. In commercial zoning districts and for automotive service stations in the industrial districts AGFS tanks shall not exceed a 1.000 aallon capacity and/or six (6) feet in height and/or diameter. Use of these tanks is limited to liauid petroleum fLP) D. All AGFS tanks visible from public riaht-of-ways or residentially zoned bropertv shall be screened by a chain link fence with metal slats and shall be no taller than eiaht (8) feet in height with the exception of LP tanks which do not require fencina E. The Citv of Fridley may require installation of vehicle protection barricades for AGFS tanks, depending on tank location on the property F. All AGFS tanks shall be maintained in a clean and well kept ap�earance. G. The onlv sictnage permitted on the AGFS tanks is the identification of contents and/or caution labels. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAt OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 5A CITY OF FRIDLEY CATV ADVISORY COMMISSION MFETING, APRIL 24, 1991 CALL TO ORDER• Chairperson Stouffer called the April 24, 1991, CATV Advisory Commission meeting to order at 7:10 p.m. ROLL CALL• Members Present: Ralph Stouffer, Robert Scott, Duane Peterson, Paul Kaspszak Members Absent: Burt Weaver Others Present: Clyde Moravetz, City of Fridley Mark Hammerstrom, Nortel Cable Edna Erickson, 460 Mississippi Street NE, Fridley, Minnesota 55432 Ann Finc, 460 Mississippi Street NE, Fridley, MN 55432 Lauri Grigshy, 460 Mississippi Street NE, Fridley, MN 55432 Hazel Markuson, 460 Mississippi Street NE, Fridley, MN 55432 Natalie Dahlheimer, 460 Mississippi Street NE, Fridley, MN 55432 Ruth Sydow, 460 Mississippi Street NE, Fridley, MN 55432 Midge Olson, Manager, 460 Mississippi Street NE, Fridley, MN 55432 Peggie Poxon, 460 Mississippi Street NE, Fridley, MN 55432 Gwen Miller, 460 Mississippi Street NE, Fridley, MN 55432 APPROVAL OF JANUARY 23 1991 CATV ADVISORY COMMISSION MINUTES: MOTION by Mr. Scott, seconded by Mr. Peterson, to approve the January 23, 1991, CATV Advisory Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER DECLARED THE MOTION CARRIED IINANIMOOSLY. APPROVAL OF AGENDA: MOTION by Mr. Peterson, seconded by Mr. Scott, to approve the agenda. . 0 CATV ADVISORY COMMISSION MEETING, APRIL 24, 1991 PAGE 2 Mr. Moravetz requested an addition to the agenda under VII. Other Business, A. Franchise Fee Payment Worksheet. Mr. Stouffer requested that, because Mr. Hammerstrom would be late for the meeting, that the Commission first discuss agenda items III. Fridley Cable Consortium, IV. Fridley Communications Workshop, V. Nomination of Officers, and VI. 1992 Budget Request. DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED AND THE AGENDA APPROVED AS AMENDED. I. FRIDLEY CABLE CONSORTIUM (FCC� A. Receive Minutes of 1-22-91 Meeting II. MOTION by Mr. Scott, seconded by Mr. Peterson, to receive the January 22, 1991, minutes of the Fridley Cable Consortium. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED [JNANIMOOBLY. (E.T.C.) FRIDLEY COMMUNICATIONS WORKSHOP A. 4th Quarter 1990 Report to City dated 2-08-91 � C. MOTION by Mr. Peterson, seconded by Mr. Scott, to receive the 4th Quarter 1990 Fridley Communications Workshop report dated 2-08-91. DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOOFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. ist Quarter 1991 Report to the City dated 4-02-91 Including Statistics and Financial Report MOTION by Mr. Scott, seconded by Mr. Peterson, to receive the lst Quarter 1991 Fridley Communications Workshop report dated 4-02-91. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER DECLARED THE MOTION CARRIED IINANIMOOSLY. Director Report for January and February MOTION by Mr. Scott, seconded by Mr. Peterson, to receive the Director's Report for January and February. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. . � CATV ADVISORY COMMI88ION MEETING, APRIL 24. 1991 PAGE 3 D. Director Report for March and April MOTION by Mr. Kaspszak, seconded by Mr. Scott, to receive the Director's Report for March and April. IIPON A VOZCE VOTE, ALL VOTING AYE� CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. E. Update on Donations for Amiga Video Toaster Mr. Moravetz stated the Amiga Video Toaster is a video computer for Channel 33. ETC is asking local organizations to donate money to acquire this toaster for their operation. This is a computer with video production capabilities which includes a video switcher with more than 100 digital effects, a character generator, a 3-D rendering and animation system, and a video paintbox. This one unit could replace and upgrade the current video production capability, and make Fridley's public access station state of the art and more in line with the needs of the current access members and volunteers. Since the Commission's last meeting, a quote was received for an Amiga 2000 for $5,600. This model is slower and less sophisticated. The Amiga 2500 is state of the art, and costs $7,200. Mr. Moravetz has worked with the ETC and has requested $2,400 each from the Lions, VFW, and Jaycees. The first presentation and request was made to the Jaycees for $2,400. Their executive funding board recommended approval and granted the entire amount. The Lions were also asked for $2,400. This group had a number of other commitments, along with a decrease in gaming income, but they did donate $500. The VFW also donated $500. At the end of the month, he and ETC will attend the American Legion executive board meeting and will also request $2,400 from them. The ETC is well on their way to obtaining the necessary funds to get the equipment. Mr. Moravetz stated ETC is also working at the possibility of getting an educational status for the workshop because it teaches the video classes in the high school. The problem is that the school has also solicited support of the educational status of the LO Channel, which was needed in order to telecast play off games for football and softball. Mr. Moravetz is now waiting to see if the school can establish two separate access entities. If so, the ETC can get this unit. There are now enough funds to purchase the computer, but • =� CATV ADVISORY COMMISSION MEETING. APRIL 24, 1991 PAGE 4 additional funds are needed for the board with the additional features. III. NOMINATIONS OF OFFICERS (MAY 1991 - APRIL 19921 IV. Mr. Stouffer declared the nominations open for Chairperson of the CATV Advisory Commission. Mr. Scott nominated Mr. Stouffer for Chairperson. Hearing no other nominations, Mr. Stouffer declared the nominations closed. MOTION by Mr. Scott, seconded by Mr. Kaspszak, to cast a unanimous ballot for Mr. Stouffer for Chairperson of the CATV Advisory Commission for 1991-92. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Stouffer declared the nominations open for Vice- Chairperson of the CATV Advisory Commission. Mr. Peterson nominated Mr. Scott for Vice-Chairperson. Hearing no other nominations, Mr. Stouffer declared the nominations closed. MOTION by Mr. Peterson, seconded by Mr. Kaspszak, to cast a unanimous ballot for Mr. Scott for Vice-Chairperson of the CATV Advisory Commission for 1991-92. OPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPER80N STOUFFER DECLARED T8E MOTION CARRIED IINANIMOIISLY. 1992 BUDGET REOUEST Mr. Moravetz stated the budget, included with the agenda, as recommended by staff is presented on the first page. Supporting data is available for members to review. Mr. Moravetz reviewed the figures with the Commission indicating that the City Manager is now looking at these figures. To the right of the last column are figures in parenthesis which are the amounts discussed by the Commission at their last meeting. Mr. Moravetz submitted a memo regarding the request that the CATV coordinator and two Commission members attend the NATOA Conference and the CATV coordinator and one or two Commission members attend the MACTA Conference. He has not heard whether this will occur. This is perhaps still a discussion issue with the City Council. sC CATV ADVISORY COMMISSION MEETING, APRIL 24. 1991 PAGE 5 As Mr. Moravetz indicated at the last Commission meeting, there are several Council work sessions for the budget in June, and that is when the budget will be finaed up. The budget is presented for recommendation. Mr. Moravetz did not know if the entire amount would be allotted. The worst that would happen would be a 10� decrease in the budget for next year. Mr. Moravetz stated that attached to the budget is the ETC Communications Workshop financial forecast for 1992. They are asking for $42,000 from the 5� franchise fee. For 1991, they received $35,000. The City Manager is working on a zero budget and that is why this figure was extended as it was for 1992. Mr. Stouffer stated he would like to see the amounts the Commission had requested be put in the budget. � Mr. Scott stated the franchise fee revenue projection was above that collected in 1991. Mr. Stouffer stated ETC received $35,000 last year. Mr. Moravetz stated the actual figure in the past had been a percentage of the franchise fee. In 1991, ETC received a flat fee rather than a percentage. Mr. Scott stated the $42,000 is what we thought they should get. Mr. Moravetz stated Ms. Hughes and several Commission members felt this amount for next year was not adequate. After the last meeting, Mr. Moravetz asked the ETC to come back with a request for their reasonable needs, and they are requesting $42,000. Mr. Stouffer asked, in light of the budget constraints, if members felt the amount of $42,000 was unreasonable. Mr. Scott stated he felt the amount reasonable given the projected increase in the franchise fee. Mr. Peterson thought the figure was off. The subscriber base is down and, therefore, so is the franchise fee. This amount may be a mistake at this point. Mr. Moravetz stated Mr. Hammerstrom would have to confirm this. The number of subscribers normally falls off in January, and then seems to pick up again. Using the 4th quarter, 1990, revenues and adding 15$, the amount of the rate increase effective January 1, 1991, a conservative estimate . � CATV ADVISORY COMMISSION MEETING. APRIL 24. 1991 PAGE 6 is $100,000 to $105,000 for the 1991-92 total franchise fee receipts. Mr. Scott stated he would give up the travel and conference amount before giving up the ETC payment. OTION by Mr. Scott; seconded by Mr. Peterson, to recommend approval of the 1992 CATV budget as presented. Mr. Scott stated, as discussed at the last meeting, the workshop allocation has not changed much. He thought it needed an influx of funds. Costs have been going up considerably, the ETC has been doing a good job, and they can do more. Conferences have simply been neglected and that budget is there to turn it around. Leaving the budget as it is, is leaving it unattended to. It allows Mr. Moravetz to do a little, but outside that, there is nothing. Mr. Stouffer stated members have been reluctant to attend conferences because of lack of funds. Mr. Peterson stated the Commission members should be better educated than others. Unless members attend other meetings, members are at times falling behind and that is not in the best interest of the City. He thought an increase in the workshop account was definitely needed. Mr. Kaspszak stated he agreed that the conference allocation should be increased. Technology is changing very fast. He is lucky that he knows people in the business he can ask. It is very important to keep up, and conferences are the only way to do that. Regarding the allocation for ETC Workshop, he felt a percentage of the franchise fee would be more appropriate. Mr. Stouffer asked what percentage increase this would represent over 1991. Mr. Moravetz stated this is approximately 20�. Mr. Moravetz stated, in comparing percentages in the past, this is less of a percentage. Mr. Scott thought this was a reasonable request. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. 6E CATV ADVISORY COMMIBBION MEETING, APRIL 24. 1991 PAQE 7 V. STATUS OF THE WIRING OF THE SENIOR MID-RISE APARTMENTS AT MISSISSIPPI STREET AND 7TH STREET Ms. Sydow, spokesperson for the residents at the Senior Mid- Rise Apartments, stated the residents do not have cable TV. She has lived in the building for two years and has heard a number of excuses for not having cable. She contacted the Property Manager about this and believed the information given to him had been provided to the members. Ms. Sydow personally went to the apartments and got over 50$ of the residents who were interested in having their apartment wired so that those who wish to have service can get it. After Kevin from Nortel was at the apartments, he thought about one-third of the residents had expressed a desire to subscribe to cable. There are 103 apartments in the building, and they would like to know why they cannot get cable service. Mr. Hammerstrom stated, when the Property Manager contacted him, he tried to find if there was sufficient interest to wire at no charge to the owner. Yesterday, he sent a letter to the property manager with an agreement which would allow Nortel to wire the building at no charge to the owner. Each apartment would be charged $9.95 for installation. Nortel can begin wiring within a few weeks after receipt of the document. Mr. Stouffer asked how long it would take to start wiring after receiving the agreement. Mr. Hammerstrom stated, from the time Nortel received the agreement, it will take about three weeks to schedule the work crew. Wiring the building will also take some time because of the type of construction. Mr. Scott asked if the building would be wired so they can have service in any apartment that wishes to have cable. Mr. Hammerstrom stated, yes. Ms. Sydow asked if Nortel would wire all of the apartments but only hook up those that want the service. Mr. Hammerstrom stated, yes. Mr. Stouffer asked if the Recreation room would also be wired. Mr. Hammerstrom stated Nortel is willing to do this if the owner is willing to pick up the service charge. The owner of this building would prefer not to do this. sF CATV ADVISORY COMMISSION MEETING. APRIL 24, 1991 PAGE 8 VI. Mr. Moravetz stated this could be a headache for the residents also because of the many viewing options available simultaneously. Mr. Hammerstrom stated he has a copy of the letter that was mailed and it should be received soon. Mr. Scott stated the figures Mr. Hammerstrom gave in exchange with Mr. Moravetz show a cost of approximately $9,000. Mr. Hammerstrom stated that at one time Nortel did not have an in-house crew. They thought it would be $35,000. Nortel now has their own crew who can do the work at a savings. Ms. Sydow stated, on behalf of the residents, she would like to thank everyone for their efforts on their behalf and hoped this will be done to everyone's satisfaction. Ms. Olson, manager, stated she thought the estimated 30� to 35� subscriber rate would increase because good news travels fast. NORTEL CABLE REPORTS A. Receive Annual Business Report Dated 4-01-91 1. 2. 3. 4. 5. 6. 7. 8. Financial Statement Fridley Channel Lineup Fridley Annual Survey & Commentary Cable Service Agreement Cable Company Listing of Officers Cable Complaint Summaries Schedule of Gross Revenues Summary of Business Activity Business Activity for 1991 Owners, Directors & in 1990 & Projected Mr. Hammerstrom reviewed the items pertaining to the annual business report to the City. Mr. Kaspszak referred to the Annual Survey and Commentary and wondered how QVC could remain with such a seemingly low viewership. Mr. Moravetz stated the categories for viewing habits were changed for the access channels for those viewers who do not watch very often. Those who watch the access channels once per week is approximately 40�, which is pretty good compared to what it was a few years ago. Whether the subscriber watches monthly, weekly, or nightly, there may be some items they look forward to 6G. CATV ADVISORY COMMISSION MEETING, APRIL 24, 1991 PAGE 9 watching a few times per year and he thought this adds credence to these channels. Mr. Moravetz asked if Nortel used the same format in their surveys in Bloomington and St. Louis Park and if the results were the same. Mr. Hammerstrom stated they used basically the same format, and the returns were quite close. In Bloomington, some areas were closer. In Bloomington, dissatisfaction was higher with MSC. Hopefully, with the change to PSN, some of that'has gone away. But other than that they are pretty close. For the other cities, Nortel did not break out the access channels as was done for Fridley. Mr. Moravetz asked if Nortel was satisfied with the marketing firm. Mr. Hammerstrom stated Nortel had no complaints. The company doing the survey is reasonable alternative for the survey. Mr. Stouffer referred to the comment about the remote control when some can get one free. � Mr. Hammerstrom stated he didn't know what the customer was referring to. Mr. Kaspszak stated the last comment on page 13 was a very interesting comment, stating that $0.10 per channel figures out to about a$6.00 basic rate. Mr. Stouffer asked what the Fashion Channel and Science Fiction channels were. Mr. Hammerstrom stated the channel was a clothes shopping channel, but no longer exists. The Science Fiction channel has not started yet, but sounds like it will be showing science fiction productions. Mr. Moravetz asked, for pay-per-view, if Drive-In Cinema was the same as Tuxedo and Spice. Mr. Hammerstrom stated Tuxedo is no longer in existence. Spice is their competitor. He stated Nortel is talking to Playboy about their channel. Mr. Moravetz stated this would be acceptable, as long as it is not a basic service. 111J CATV ADVISORY COMMISSION MEETING, APRIL 24. 1991 PAGE 10 Mr. Hammerstrom stated their programming is more conservative than people think. Mr. Stouffer stated he has seen the Playboy channel at hotels. Much of the programming is discussion of adult topics and adult shows. Mr. Hammerstrom stated the selling point is that it is different from Spice and would appeal to a different audience. It therefore would not cannibalize buyers from another channel. Mr. Kaspszak asked if the charge of 10 cents per channel as stated in the comments was an accurate figure. Mr. Hammerstrom stated the question reads 10 cents or more per channel. Mr. Stouffer asked if the response was up or down. Mr. Hammerstrom stated the response was slightly down. Mr. Hammerstrom, referring to the Schedule of Gross Revenues, stated that the total figure is slightly off due to the rounding process. Mr. Moravetz referred to the Summary of Business Activity for 1990 and the Projected Business Activity for 1991, and stated the number of basic subscribers dropped from December 1990 to January 1991 and there was another drop from January 1991 to February 1991. In past years the summer months were the time people disconnected. He asked the reason for this. Mr. Hanumerstrom stated there are basically three reasons for the decrease. A rate increase was implemented on January 1, 1991. Between December and January, Nortel was going to do a direct mail campaign which was cancelled. In addition, the direct sales people were temporarily reassigned to a new location during this period. Mr. Moravetz observed that the 15$ rate increase was excessive. He also asked why should passings be reduced. Mr. Hammerstrom stated that periodically the computer data base will have wrong addresses entered. This eliminates errors in addresses. Mr. Kaspszak asked if Fridley was maxed out as far as growth for new housing. s� CATV ADVISORY COMMZSSION MEETING, APRIL 24. 1991 PAGE 11 Mr. Moravetz stated there was not much chance for new growth from a"units passing" standpoint. The vacant property available is commercial or industrial. Mr. Peterson stated there is a direct correlation between basic channel subscribers and pay for view . Mr. Hanunerstrom stated the pay for view takes the biggest hit when subscribers need to reduce expenses. It is the first to go. He would not necessarily correlate the subscriber drop to the rate increase, but it is probably due to the fact that Nortel did not have their marketing in place. Mr. Peterson asked if subscribers generally fluctuate 100 per month. Mr. Hammerstrom stated this does happen. There are about 100 disconnects per month in Fridley. The only way to replace those customers is through marketing. Mr. Moravetz asked if Nortel has a computer record on what percentage of disconnects are due to moving. Mr. Hammerstrom stated moving is one of the direct reasons for disconnects. 70� of the disconnects are either non-pays or moving. About 60� of the disconnects are because of moving. Mr. Stouffer asked how long Nortel carries a non-paying subscriber before disconnecting. Mr. Hammerstrom stated about 60 days. Mr. Moravetz stated that Nortel has the addresses where people are moving out. Does Nortel contact these addresses when people move in? Mr. Hammerstrom stated Nortel has a contract with Northwestern Bell so Nortel can get new listings of those who are moving in. The most effective selling technique, however, is still knocking on the door. MOTION by Mr. Kaspszak, seconded by Mr. Scott, to receive the Annual Business Report dated 4-01-91 with all related information. IIPON A VOICB VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOUBLY. 6J CATV ADVISORY COMMISSION MEETING, APRIL 24, 1991 PAGE 12 B. Receive lst Quarter 1991 Franchise Fee Mr. Moravetz referred to the copy of the franchise fee and stated the report attached uses the same format and categories•as in previous years. • Mr. Stouffer stated he would like to see an increase next quarter in the pay for view. Mr. Moravetz stated the last page is a quarter to quarter comparison. The total fee is more than for the same quarter last year; however, it is $500 less than the fourth quarter, 1990, fee even with the rate increase. Mr. Stouffer asked that the rates be included in the report, and the report be reconstructed so the report is easier to read. Mr. Stouffer stated there had been earlier discussion about collections for 1991, and he felt actual fees would not meet the projection. Mr. Moravetz stated their estimate was approximately $90,000 to $93,000. Mr. Hammerstrom stated part of that could be due to the economic turnaround. It depends on pay service rates. It will help that Nortel has a new sales manager in place, which will help. He has much optimism about increasing the number of subscribers in Fridley, and he thinks he can get growth. Mr. Hammerstrom didn't think that an estimate of $92,000 was that far off. Mr. Moravetz thought that those sport fans not currently tuned in to pay for view will perhaps become more frequent subscribers throughout the year. MOTION by Mr. Kaspszak, seconded by Mr. Peterson, to receive the lst Quarter 1991 Franchise Fee. DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N STOUFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. C. Other Nortel Updates 1. Discussion Re: Signal & New Sports Channel Mr. Stouffer stated he had poor reception on PSN during a game. The screen would turn white, then black, and the picture would then come back. � CATV ADVISORY COMMISSION MEETING, APRIL 2�. 1991 PAGE 13 Mr. Moravetz stated he also had problems with reception during that game. Mr. Hammerstrom stated Nortel received one call, and this could have been a scramble problem or a receiver problem during that telecast. Mr. Moravetz stated that if this persists people will not buy the service. Mr. Kaspszak asked about Wrestlemania. Mr. Hammerstrom stated this telecast is less popular and is approximately 1� behind last year. Mr. Stouffer stated he would like to see a service where he could call in and request to watch the telecast of a specific game. Mr. Hammerstrom stated the NFL is looking at having such a program this fall or next fall as pay for view for those who wish to watch a game and live out of the area where the game is being held. They are playing with the concept at this time. Mr. Kaspszak stated he had tried the North Stars pay for view for the first time last month. It took a while to figure out how to get it right away. He found it difficult to find the number to call to get the service. He finally ended up calling the office to get the number. Now that he knows, he has used again. However, Mr. Kaspszak wonders how many others also find this confusing. He asked if the telephone number could be generated on the screen when the date is shown. Mr. Stouffer stated the screen shows the program channel and date. The phone number could also be added below that information. Mr. Hammerstrom�stated the number will be changing to something that is easier to remember. He liked the suggestion to list the telephone number on the screen. Mr. Moravetz asked if there was a reception problem with the Black Hawks game with a black line on the screen throughout the game. Did Nortel give subscribers 50$ credit for that? 6L CATV ADVISORY COMMISSION MEETING. APRIL 24. 1991 PAGE 14 Mr. Hammerstrom stated they had other problems. Nortel was given the wrong information. Subscribers were given rebates for that because of the many problems. ' Mr. Stouffer asked if Nortel told the patrons this was free due to the problems. Mr. Hammerstrom stated, no. Mr. Stouffer thought Nortel should put something in the billing that states Nortel is sorry for the inconvenience and that the game is free. This is good public relations, and could be printed on everyone's statement. Mr. Hammerstrom felt this was a good suggestion and will speak to the billing agency to incorporate. Mr. Peterson stated there were comments about the poor quality programming of HBO and Showtime. Mr. Hammerstrom stated this is one of the prime issues in the industry at this time. Cinemax is going to propose a threshold level for license fees which supposedly gives cable companies more flexibility. However, Mr. Hammerstrom has not yet seen the proposal. Showtime is experimenting with a fixed per company rate. The cable company can set the price as they wish as long as Showtime gets their fee. TCI is going to a their own pay service and will charge $1 per month and shows older movies. Mr. Stouffer asked if there was flack among the Federal government. Mr. Hammerstrom stated he thought the government was confused about what they want to do. The FCC is working on proposed modifications. Mr. Moravetz stated these modifications are expected to be out on May 9. Mr. Hammerstrom stated one area is to redefine competition in the marketplace. Mr. Moravetz stated if there are two cable companies, it is considered competition. The latest criteria of effective competition would potentially put rate regulation back in place. l•J 1'I I CATV ADVISORY COMMISSION MEETING. APRIL 24, 1991 PAGE 15 Mr. Hammerstrom stated rate regulatio Fridley and St. Louis Park but could Bloomington. There are still many questions concerning these changes. interesting to see what happens. VII. OTHER BUSINESS A. � Franchise Fee Payment Worksheet n is not in happen in unanswered It will be Mr. Moravetz stated the present report includes basic, pay-per-view, advertising. There is not much made for various things like stereo pay-per-view, remote control, etc. This worksheet has been prepared for discussion which takes the reporting a step further in identifying revenue sources. Mr. Hammerstrom stated he sent a copy of the proposed report to his main office for their reaction about the amount of detail requested. The questions are how useful is this information and why is it needed. What Nortel has provided to this point has been adequate. The information is taken from the billing report and then rolled into a summary category of revenue. For our accountant to go back for line items will be an onerous task. Our financial office is a one-person office and to burden him with more is a big task. Category fees would be particularly impossible to provide in any type of timely basis. If the information you are getting now is acceptable, is this necessary? Fees are audited by a firm and the City can audit if they desire. The proposal would require much work, and we at Nortel wonder if there is a need for the additional break down of information. The Commission members discussed the proposed format and felt that the information as currently received was adequate for their purposes. Cable Legislation Mr. Kaspszak asked for the latest update on the Cable bill. Mr. Hammerstrom stated there are a number of different versions of the Cable bill. The one that is getting the most attention is the Anoya bill but nothing will likely happen until the FCC does something. The focus of the discussion changed from the consumer to the business aspect of cable being a large part of the media in the 6N CATV ADVISORY COMMISSION MEETING, APRIL 24, 1991 PAGE 16 marketplace. In the process of the shift in focus, Mr. Hammerstrom felt that the conswaer had lost. VIII. ADJOURNMENT MOTION by Mr. Peterson, seconded by Mr. Scott, to adjourn the meeting. � IIPON A VOICE VOTE� ALL VOTING AYB, CHAIRPERSON DECLARED THE MOTION CARRIED AND THE APRIL 24, 1991, CATV ADVISORY COMMISSION MFETING ADJOIIRNED AT 9515 P.M. Res ectfully submitted, L vonn Cooper �•�. Recording Secretary . � CITY OF FRIDLEY PLANNING COMMISBION MEETING, MAY 22, 1991 �Yr��Ar1YM�Ar1�ti�Yrw� Y�►�►��S�►4StiY�Y�Y�.YMti�YMM�Yr�Nw�►�YAM��YMM��Yw���Y�Y��►M�YMN�Mti�►�Y CALL TO ORDER• Chairperson Betzold called the May 22, 1991, Planning Commission meeting to order at 7:40 p.m. ROLL CALL• Members Present: Don Betzold, Dave Kondrick, Brad Sielaff, Larry Kuechle (for Diane Savage) Members Absent: Dean Saba, Sue Sherek, Connie Modig Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Steven Barg, Planning Assistant Jean Hagberg, 5881 - 2nd Street N.E. James Peterson, 7995 Broad Avenue See attached list APPROVAL OF MAY 8, 1991, PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the May 8, 1991, Planning Commission minutes as written. QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MAY 8, 1991, PLANNIN(3 COMMISSION MINIITES APPROVED AS WRITTEN. 1. CONSIDERATION OF A VACATION REQUEST, SAV #91-01, BY EUGENE AND JEAN HAGBERG• To vacate the 12 foot alley in Block 23, Hyde Park, for a distance of approximately 243 feet south of the south li.ne of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2 1/2 Street. Ms. McPherson stated this is the 243 feet directly south of 59th Avenue. The alley is not improved, and all the properties in this general area are zoned S-1, Hyde Park. Alleys serve the public in three ways: They provide: (1) vehicular access; (2) location for utilities; and (3) access for emergency vehicles. In this particular instance, all the properties except one, 5834 - 2 1/2 Street, just south of where the vacation request ends, have access from either 2nd Street or 2 1/2 Street. Ms. McPherson stated the City has several advantages for vacating the alley. It will remove from the public responsibility part of % PLANNING COMMI88ION MBETING. MAY 22. 1991 PAGE 2 an alley that the City cannot maintain, transferring the maintenance responsibilities to the adjacent homeowners directly abutting the alley. It would also potentially remove nuisances of partying and illegal dumping of materials. Ms. McPherson stated the property owner, Pete Meisner, who depends on the alley for access could potentially still have access from 58th Avenue, which is the south entrance to the alley, or if he could come to some type of agreement with the apartment building directly to the west of him at 5851 - 2nd Street, he would still have access to his property. Ms. McPherson stated there are several disadvantages to vacating the alley. In the past, the Council has preferred 100� agreement for vacating an alley or street. Included in the agenda packet are minutes alluding to a 1963 alley vacation in which the petition was to vacate a portion of an alley; and in the process of review, the entire alley, without 100� agreement, was vacated. However, the original petition for the portion of the alley was 100� agreed upon by those persons directly abutting the alley, the same as this current request. Ms. McPherson stated that in 1980, a similar request to vacate all of the alley in Block 7, Hyde Park, was approved by the City. In that instance, a petition with 100� of the adjacent property owners was submitted. In the Hyde Park neighborhood, there are two partially vacated alleys and four entirely vacated alleys. Ms. McPherson stated vacating a portion of the alley creates an alley that has a deadend which would require that someone driving into the alley would have to back out the same way he/she entered the alley. With only one entrance to the alley, access would be prohibited should someone park in the south area of the alley, and this would prohibit the access of Mr. Meisner's property. Ms. McPherson stated a third opportunity for access to Mr. Meisner's property would be for the City to allow a parking area to be paved in his front yard. However, in reviewing the building file in 1978, apparently City staff told the previous property owners that they could not use a curb cut in their front yard, even though the Code allows parking in the required front yard if the parking does occur on a hard surface. Ms. McPherson stated that in evaluating the request based on the three public purposes (vehicular access, emergency vehicle access, and location for utilities), the only requirement that is not met is the fact that the access to Mr. Meisner's property could potentially be blocked. There are NSP overhead wires in the alley; however, a 10 foot drainage/utility easement submitted by the petitioners would still allow access by the utility company to repair and maintain their lines. The Fire Department does not 7A PLANNING COMMISSION MEETING. MAY 22, 1991 PAGE 3 require the alley for emergency access, so the remaining issue is to ensure that Mr. Meisner has guaranteed access to his property. Ms. McPherson stated staff is recommending to the Planning Commission that this vacation request not be granted until Mr. Meisner has guaranteed access to his property, either by an easement agreement with the property owner of 5851 - 2nd Street, the apartment building directly to the west of his property, or by the City allowing him to pave a parking area in the front yard. If either option does occur, staff would recommend the portion of the alley be vacated as requested, the north 243 feet, with two stipulations: l. 2. The petitioner shall pay for the cost of preparing and installing the deadend alley signs. The petitioner shall provide a 10 foot drainage and utility easement over the vacated alley. Ms. McPherson stated staff is also recommending that perhaps the Planning Commission might want to discuss the policy issue of vacating part or all of alleys in general and make a recommendation to City Council. Mr. Betzold asked how access to Mr. Meisner's property is being denied. Ms. McPherson stated that Mr. Meisner's house has no garage and no driveway from 2 1/2 Street. In order for Mr. Meisner to remove his vehicle from the street, he uses the alley to park in his rear yard on the grass. On occasion he has had to call the City to say that someone has piled brush in the alley or someone has parked in the alley which prevents him from accessing his property. Mr. Kuechle asked if there is any record for the number of parties or disturbances that would indicate a good reason to vacate the alley. Ms. Dacy stated the Police Department has records, but staff does not have that information for the meeting. Ms. Jean Hagberg, 5881 - 2nd Street, stated that they have lived at this address since 1964. Until last year, the alley has not been drivable, because of high ruts. In the last year, they have had NSP cut down trees, and the neighbors cleaned up the alley. They also hauled in dirt to fill in the ruts, because they had plans for vacating the alley on their end. Ms. Hagberg stated their reasons for wanting t is because of the kids that go back there and broken glass, cans, beer bottles, and other driving through the alley at 2:00-3:00 a.m. %8 o vacate the alley party, because of debris, and cars PLANNING COMMISSION ME$TING, MAY 22, 1991 PAGE 4 Mr. Paul Reider, 5875 - 2nd Street, stated that he owns the property adjoining the Hagbergs. He stated snowplowing is a concern of his since this alley has never been plowed. This alley has no gravel on it, and it is very muddy when it rains. At this point in time, he did not expect the City to come in and spend any of his tax dollars to improve it. Six months out of the year, the alley is filled with snow. If the alley was plowed, what would happen to the snow? To his knowledge, the alley has not been used for garbage removal or fire access. He believed it would be a win- win situation for the City to not spend any money improving this property, and he would condone giving Mr. Meisner off-street parking in his front yard. Mr. Meisner's lot is very small, but he could have access to his rear yard from the south end of the alley and from the front. He did not want to cause a hardship for anyone. Mr. Meisner stated there are no lights in any of the alleys that the City is not maintaining. So, it is very dark back there. He stated he walked down to the 5900 block where 1/2 of the alley is vacated. He did not see one sign saying "deadend". He did not see any signs saying "end of street" or any barricades. He asked some people if there were any problems with the vacation of the alley, and there did not appear to be any problems. Regarding snow removal, they said they are at the discretion of the apartment building to plow them out. He did not understand that, because he is under the impression that he is not allowed to plow an alleyway with his personal vehicle. The people in the 5900 block told him of similar problems with the alley because of the darkness, a place for kids to party, and trying to keep the alley clean. Mr. Reider stated that if one-half of the alley is vacated, they will stop people from using it for a shortcut and for parties and it will stop the garbage that is ongoing. The broken glass is a big problem, and who is liable if someone gets cut while playing in the alley? If the alley is to be kept open, then he thought lights are essential for security reasons. Mr. Betzold asked if vacating the northern one-half of the alley would preclude the vacation of the southern one-half in the future. Ms. Dacy stated that if the neighbors submitted a petition to vacate and had 100� agreement from the adjacent property owners, then she did not see how the vacation of the northern half could preclude the vacation of the southern half. Ms. Dacy stated staff's recommendation is based on the objective to get the access issue resolved for Mr. Meisner or any future owner of his property. The record is not clear as to why the City denied the former property owner the ability to have a curb cut off that street in 1978 when the Code does allow it. They do not know if the property owner of the apartment building would be willing %C PLANNZNG COI+IIdI88ION MEETING, MAY 22. 1991 PAGE 5 to record an access easement in perpetuity across their property to allow Mr. Meisner access. Mr. Pete Meisner stated that he has to have some type of access to his property. He is willing to work with the apartment building owner to get an easement as long as it is in writing. Mr. Kondrick asked how Mr. Meisner felt about a parking area in his front yard. Mr. Meisner stated a parking area in his front yard would take up almost his entire front yard. He would prefer to have access to the rear of his property. Mr. Betzold stated a third option for access to Mr. Meisner's rear yard is to come through the alley from the south. Mr. Meisner stated the only problem with that is that he would have to drive in forward and then back out. He would still have to drive on a part of the northern part of the alley. Mr. Betzold asked about snow removal in the wintertime. Ms. Cheryl Williamette, 6004 - 2 1/2 Street, stated she is the previous owner of Mr. Meisner's property. She stated they had a big truck and they plowed the alley themselves. They always parked two vehicles in the back yard. She stated that in 1978 when the City came in and tore up the old streets and put in new streets and curbs, they decided they would like to put a parking area in the front yard. She stated the property is on a hill, and there is no way you can guarantee that a vehicle parked on the hill in the wintertime is not going to slide down the hill. So, it is not an option unless they dig into the hill, and there is water and sewer on part of the property. At one time, she and her husband tried to see if they could put a drive-around to get to the rear of the house, but there is not enough room on either side of the house. Ms. Dacy asked Ms. Williamette if she remembered why the City did not allow a curb cut in 1978. Ms. Williamette stated the City said it was because they could not park in front of the house, that they needed some access around the house. Ms. Judy Konselo, 5828 - 2 1/2 Street, stated she owns the property next to Mr. Meisner. She stated she uses the alley to the south, and in the wintertime, the snow from the apartment building parking lots is stacked at the end of the alley, so access to the south for Mr. Meisner is not possible in the wintertime. Ms. Dacy stated that given these particular circumstances, staff thought the option for a driveway in Mr. Meisner's front yard 7D PLANNING COMMISSION MEETZNG, MAY 22, 1991 PAGE 6 should be reconsidered. The lot is only 40 feet wide, and there is no way to get to the rear from the front of the property, and it seems like a reasonable option. Mr. Betzold stated that if the City does vacate the northern half of this alley, they are essentially taking property from Mr. Meisner. By denying him.the access to the rear of his property and then requiring him at the same time to have some place to park his car, having to use his front yard for a driveway would diminish the value of his property. If the only access to the rear of the property is with an easement, that will cost someone some money, and somehow this is going to have to be worked out. He stated using the southern half of the alley is the worst scenario, because it is probably just a matter of time before 'the neighbors to the south are going to want to vacate their half of the alley. It is too bad the City turned down the curb cut and driveway 12 years ago, because they wouldn't have this problem now. Mr. Betzold stated he believed there is an issue here, because the City is essentially taking property, and the City Attorney should review this matter before it goes to Council. He would also like staff to contact the apartment building owner and get more information on that option. Ms. Dacy stated staff will try to contact and meet with the apartment building owner at 5851 - 2nd Street to see if it is possible to get an access agreement, and they will also discuss this with the City Attorney. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to table SAV #91- O1, by Eugene and Jean Hagberg until the June 12, 1991, Planning Commission meeting in order to obtain more information and to get a legal opinion from the City Attorney. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated that if not enough information is available for the June 12, 1991, meeting, the City will notify the neighbors about a week prior to the meeting. Ms. Sherek stated another question to be asked of the City Attorney is that if there are legal fees incurred by the property owner to record an access agreement, is there any precedent for the City undertaking the payment of those fees? 2. CONSIDERATION OF A VACATION REQUEST, SAV #91-02. BY JAMES AND LINDA PETERSON AND TIMOTHY AND DONNETT MILLER: To vacate the east 110 x 40 feet of Dover Street as measured from the east right-of-way line of Broad Avenue, subject to an easement for utility purposes over the southerly 20 feet of the portion of Dover Street to be vacated and a walkway 7E PLANNING COMMISSION MEETING, MAY 22. 1991 PAGE_7 easement over the northerly 10 feet of the southerly 20 feet of the portion of Dover Street to be vacated, generally located south of 591 Dover Street and north of 7995 Broad Avenue. Ms. McPherson stated the petitioners are proposing to vacate the east 110 feet of Dover Street, as measured from the east right-of- way line of Broad Avenue. This portion of Dover Street lies between the two petitioners' properties. Ms. McPherson stated the portion of Dover Street east of Broad Avenue is currently a paper right-of-way. With the exception of the water lines that lie within the public right-of-way, the street is unimproved. The right-of-way is currently used by Mr. and Mrs. Miller to access their property at 591 Dover Street. Ms. McPherson stated the same public purposes exist for public right-of-ways as was outlined previously: (1) vehicular access; (2) location for utilities; and (3) emergency vehicle access. In this instance, because of the change in topography between the portion of Dover Street which intersects Broad and the upper portion which is directly off East River Road, there would not be a need for the City to connect two portions of Dover because the cost would be prohibitive. Emergency access can be provided on Broad and East River Road for the various properties. Currently, residents from the upper portion of Broad Avenue do utilize the bluff to walk down the bluff to the streets along the river. The petitioners are proposing to provide a ten foot walkway easement which will continue to allow residents to access the lower portion of Dover Street. Ms. McPherson stated there are water and gas mains located within the right-of-way. Minnegasco has requested that the easement be slightly modified to accommodate this gas main or that the petitioners pay to relocate the gas main within the easement. Staff believes the easement can be modified to accommodate Minnegasco's request. Ms. McPherson stated the petitioners received letters of agreement from all but one of the residents living on the upper portion of Dover Street. The one dissenting resident brought up the issue of the pedestrian access, and that has been addressed by the petitioi�ers proposing to provide a ten foot walkway easement. Ms. McPherson stated that since the proposed vacation does not adversely affect the vehicular access, utilities, or emergency access, staff is recommending that the Planning Commission recommend to City Council approval of the vacation with two stipulations: 1. The petitioners, Timothy and Donnett Miller, shall provide a hard surface driveway by August 1, 1992. % F PLANNING COMMISSION MEETING. MAY 22, 1991 PAGE 8 2. The drainage and utility easement shall be modified to accommodate Minnegasco services as described in the letter dated April 30, 1991. Mr. James Peterson, 7995 Broad Avenue, stated one reason for proposing the vacation is so that he can expand his garage and driveway which seems more logical than building a detached garage which would require a side yard variance. He realizes he cannot build on top of the utility easement but he can build up to the easement. Mr. Peterson stated there is also an erosion problem, and it is his intent to regrade and put in some plantings and landscaping to keep the hill from eroding further. Ms. Sherek stated that if they recommend approval of this vacation, they are almost tying the Peterson's ability to build a garage and upgrade their property to requiring Mr. and Mrs. Miller to put in a hard surface driveway, and she did not think that is fair. Ms. Dacy stated that if the Millers are contemplating a garage rearrangement, the hard surface driveway would be a typical stipulation as part of the building permit. Maybe the alternative is rephrase stipulation #1 to say that if the petitioners, Timothy and Donnett Miller, construct a new garage on Broad Avenue, they will be required to provide a hard surface driveway. Ms. Sherek stated that seemed to be fairer solution. Mr. Peterson agreed that the stipulation does seem a little harsh to require someone to pave a driveway area that is not being maintained. Mr. Miller already has gravel to the garage from the street. Mr. Peterson stated that regarding the easement for the walkway, he had included that as a political solution to the problem some of the neighbors have at the top of the hill in wanting to walk down the hill toward the river. If the City chooses not to accept the easement, that is fine. Ms. Dacy stated that if the walkway easement is not required by the Cit.y and is not recorded and someone asks to walk down the hill, would Mr. Peterson give them permission to do so? Mr. Peterson stated he stated he has stone terraces behind his house, and he has been thinking about extending those terraces to try to retain some of the erosion. If someone wants to climb over the terraces and crawl through some bushes, then he might have a problem with that. He did not yet know his complete landscaping plan for the area. 7G PLANNING COMMISSION MEETING, MAY 22. 1991 PAGE 9 Ms. Dacy stated she believed City staff went along with the petitioner's political solution for a walkway easement, because staff thought there was some demand on the part of the neighborhood at the top of hill to walk down the hill. In looking at the slope of that hill, she did not know how these people do that. If there are signs of erosion, she believed the Public Works Department will not be allocating any money for providing a walkway or sodding, as they just do not have the resources to do that. If someone does want to walk down the hill and is not able to cross through Mr. Peterson's property anyway because of his landscaping improvements, then why have the easement? Mr. Peterson stated there was a question as to why he is not requesting to vacate the entire stretch Dover Street. He believed that at some time, the City is going to have to go in and do something to hold up the street, and it seemed more appropriate to leave that portion of the street in the hands of the City. (Ms. Sherek left the meeting at 9:00 p.m.) Mr. Kuechle stated he is in favor of leaving the stipulation for a hard surface driveway. If they modify it to say that a hard surface driveway is not required until there are some improvements on the property or a garage is constructed, then whenever might be never. Mr. Kondrick stated he agreed with Mr. Kuechle. The hard surface driveway would certainly look nicer. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend to City Council approval of a vacation request, SAV #91-02, by James and Lynda Peterson and Timothy and Donnett Miller, to vacate the east 110 x 40 feet of Dover Street as measured from the east right- of-way line of Broad Avenue, subject to an easement for utility purposes over the southerly 20 feet of the portion of Dover Street to be vacated and a walkway easement over the northerly 10 feet of the southerly 20 feet of the portion of Dover Street to be vacated, generally located south of 591 Dover Street and north of 7995 Broad Avenue, with the following stipulations: 1. The petitioners, Timothy and Donnett Miller, shall provide a hard surface driveway by August 1, 1992. 2. The drainage and utility easement shall be modified to accommodate Minnegasco services as described in the letter dated April 30, 1991. 3. The petitioners �hall record a 10 foot walkway easement at the County. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPBRBON BBTZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 7H PLANNING COMMISSION MEETING. MAY 22, 1991 PAGE 10 Ms. McPherson stated the City Council will set a public hearing date on this item for June 17, 1991. 3. RECEIVE APRIL 16, 1991. ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Kondrick, to receive the April 16, 1991, Environmental Quality and Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. RECEIVE MAY 2. 1991. HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to receive the May 2, 1991, Human Resources Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOOSLY. 5. RECEIVE MAY 9. 1991, HOUSING AND REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the May 9, 1991, Housing and Redevelopment Authority minutes. OPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BET20LD DECLARED THE MOTION CARRIED tJNANIMOIISLY. 6. RECEIVE MAY 14, 1991. APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the May 14, 1991, Appeals Commission minutes. IIPON A VOICE VOTE� ALL VOTING AYE� CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the motion carried and the May 22, 1991, Planning Commission meeting adjourned at 9:15 p.m. Respectfully subm'tted, Lyn Saba Recording Secretary 7� B I O N- IN 8 H$$ T � 7J r �► � . Community Development Department G DIVISION City of Fridley DATE: May 30, 1991 ,� T0: William Burns, City Manager��'� � '� r FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Vacation, SAV #91-02, by James and Lynda Peterson and Timothy and Donnett Miller Attached please find the staff report for the above-referenced request. The Planning Commission voted unanimously to recommend approval of the request to the City Council. The City Charter requires that the City hearing for all ordinance changes. As requires an ordinance, staff recommends establish the public hearing date for th 1991. MM/dn M-91-376 % Council hold a public the vacation request that the City Council e vacation on June 17, � � STAFF REPORT APPEALS DATE ��OF PLA�i�'a ��Nq$$�� DA� : May 22, 1991 FRiDLEY CITY COUNGL DATE : June 3, 1991 �Hpq MM/dn �REQUEST PERMIT NUMBER APPUCANT PROPOSED REQUEST ■LOCATION ■ �SITE DATA SIZE OENSITY SENT ZONING ACENT LAND USES 8� ZONING ARK DEDICATION NALYSIS FINANCIA� IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SAV ��91-02 James and Linda Peterson; Timothy and Donnette Miller To vacate the east 100 feet of Dover measured from the east ROW line of Broad Avenue. Blocks K and H, Riverview Heights R-1, Single Family Dwelling R-1, Single Family Dwelling to the north, south, east, and west Yes Yes Approval Approval with stipulations � � � 7 \\� f��`,,`u � r �F s 9y`= . . � � cF / :�:, �\ . s � `-F ,� �' � :� .,�; ,, � \ °: , 33 -O ��� . �O -`; ti � SAV ��91-02 Peterson/Miller S //2 SEC. ,: C/TY OF 31 �� �, � I,�"'' Y � � �..� -' _ ? ti% `�,�, . :,,� • ��vs «z r Z/!j �1,. , , ° t ��•p. `tx/;,:' , �y [+> �� \''�,\.. _ _ :� !«; � '�+',' � '' ` in�, v; ,�,q; . 2 • :�\ -_ 'i k�• �p . � \ � ���..� F.�. !�l' '�' C�a v.. � �-� ' I / � ��:. � N'� '� �' ° � �� : �O L �.. \ (� ., ��� • �y :✓, r a i G � � �� , 4'E, , p, ,. Z� � , � � ti c�� . 4�� � . _,','�_ �y _ — . �1i � ` \ ,,,�' ��` = . .` � � �„ S 34 \ t . 7M LOCATIO N MAP � � i � � CITY , ITHOMPSON� R/VERV/EW iHEMHTS D ra P � � � � � f � � SAV ��91-02 Peterson/Milier �, � � w �'1•`•',je��� . � � ..� � i / , � -l: 1 I 1 � :. � /.�:,.c1• ; .., :... • :� .... .-. .., � r -, � � u� ' � ����) ��n.- '*: � �_ �tii ��ui � :::: r•• • � �s �� 1 � � . . � OF 0 yt �/� ���• � ,�.' . � 22 �� 3 � � � � .�.� z,;� �; � , �� �� �y �,� �� � v �{ �'� � � � j '. �� � \ `'.� .,`� � \ �� ,� .� � ��• � � `. j � � ��v �.'� , � �� �� J -�--,. �,:; I�. � ���` rl /. IZ� . � ��� �� � �� , , . r - �� � W II ' v . '• � � � a � ` ` ��� 41BERTY ST. � _ � �,, O 1 � '� � ' ,�� (o � .\ ' a ' � `• x �� LONG LIOW � � \ ` ,/ a� ,�� � \� \ •� � / v • ,�� • •.� • . • � , . z ... , .. .. . ��, �� y ...., .., . , . � , . . , - �� i l�% �: • �s .,�. ',• ' ' • � f ��- ' R I V E RV'1� W � � - : � ;��, �- � ti � • ; • ��� sa '�: - -."'� ��. HEIGN T �a `"' l k , ;� �� •�.�. .�:�•�•� � r•.. • � • • •����� �. �, ' a �`�A 'L �i ♦,� • • � 1I \ \ ` � � '�W � •V ,� ������•• ••��1 � t ., '��� � �,, . .� :� •.MEd � I '� y 'Y •'(1� ts �� �, •���• � � \ \ r f 9 � `� y 1� � �'. • � ♦ � � • • �2 \ � \ E� � �' 9 .�. � . � ,A ♦ • • �r �+,, ♦ ,�� �` �� � � � �ti 8 ,�1P� � ����i�� � �� • � �. • c� ��• 0 'Le ' .1 3 \\ �o �p� �,�. ♦; ����� � , P :° r i � ♦ � ` \ f � , � 1� . � S � • S i ' �� • �i� 1� • � ' • • �:':� ♦ . 15 � . � �C . • .• �� 7N Staff Report SAV #91-02, James and Lynda Peterson Timothy and Donnett Miller Page 2 REOUEST The petitioners are proposing to vacate the east 110 feet of Dover Street, as measured from the east right-of-way line of Broad Avenue. This portion of Dover Street lies between the two petitioners� properties. SITE The portion of Dover Street east of Broad Avenue is currently a paper right-of-way. With the exception of sewer and water lines that lie within the public right-of-way, the street is unimproved. The properties are zoned R-1, Single Family Dwelling, and the right-of-way is currently used by Mr. and Mrs. Miller to access their property at 591 Dover Street. ANALYSIS The public purpose served by the right-of-way is to provide vehicular access, emergency access, and to provide public utilities. The proposed vacation would not directly affect through-access for traffic purposes, as there is a change in elevation of approximately 25 feet from the lower portion of Dover Street where the vacation is to occur and the upper portion of Dover Street which is accessed off of East River Road. Mr. Peterson's property is accessed directly from Broad Avenue and Mr. Miller's property is currently accessed from the paper public right-of-way to a private driveway. If the vacation is approved, Mr. Miller will need to construct a new driveway to provide access to his property. Emergency access is accommodated on Broad Avenue to both properties. The other form of access to consider is that by pedestrians. Currently, residents living at the top of the bluff walk down the bluff and cross the right-of-way to be vacated to walk toward the � river. The petitioners are proposing to provide a ten foot walkway easement which will continue to allow residents to access the lower portion of Dover Street. There is a sewer and water main within the right-of-way which provide services to the petitioners� properties. In addition, Minnegasco also has a gas main located within the public right-of- way. The petitioners are proposing to provide easements to the City for utilities and drainage. The proposed easement will need to be modified to accommodate Minnegasco. The petitioners received letters of agreement from all but one of the residents living on the upper portion of Dover Street agreeing ��� Staff Report SAV #91-02, James and Lynda Peterson Timothy and Donnett Miller Page 3 to the vacation. The one dissenting resident was concerned with continued pedestrian access. This concern has been addressed by the petitioners. RECOMMENDATION The proposed vacation does not adversely affect vehicular access, utilities, or emergency access. Staff recommends that the Planning Commission recommend approval of the vacation with the following stipulation: 1. The petitioners, Timothy and Donnett Miller, shall provide a hardsurface driveway by August 1, 1992. 2. The drainage and utility easement shall be modified to accommodate Minnegasco services as described in the letter dated April 30, 1991. 3. The petitioners shall record a 10 foot walkway easement at the County. 7P SAV �i91-02 Peterson/Miller N.C. NOIUM AH�ASSOCIATES, IHC. LANDelepo�e` P. 0. BOX 33026-COON RAPIDS MINN 55�33 421-782: 10731 MISSISSIP�I BLVD. N. ., �OON RAPIDS, MN , `� ', r \ , �� ;� �f � CERTIFICATE F SURYF�Y: \AMES � 5UN p` MEN7 \ � �� � � o: AyE , �„ A� yyA�' � \ n, \ / o� K , � ,���� y,, ,__- � / M Nf —'� �i � � � ��►-'Ty �AyG P�N�.�- ° ` � � � No%� ��° 52� 1���� ` ,:_ i o, N z5 � �'"" o �\��' z5 � N `� D a 3� � �jb.�j� P�pRGt� u�.l � \ / 3� ° � — �� � � � � , � �,.L-t �� � Z �� 0 � ° 4 ; 0 � � 1 � � � i � �—� � zz�� �\ 7.� �.5-F \ /—, .5-� \ I m2,�9y \ 24,� `\ � � //%��X��3 // / / � � 4(0 �.2� � , � � .` \ � 20 � � � � � z �, \ \ � � \ � � � z� 1 , 5N �°� 1 30 � �a, 52 ► �` 30 ' 1, O ,p � 0 �n � � O 0 � � �z � ► 25 , , SCALE: ] 6644-12° � Denotes ' _, Lots 19, 20, 21, and 22, BT i RIVERVIEW HEIGHTS, Anoka County, Minnesota , I HEREBY CERTiFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BdUNC OF THE ABOVE DESCRIBED LAND, AND THE LOCATION OF ALL BUIIDINGS, THEREON, AND ALL VIS18L1 CROACHMENTS, IF ANY, FROM OR ON SAID LAND. 22nd February 90 AS SURVEYED BY ME THIS ...................DAY OF .............................................A.D. 19............... N.C. HOIUM AND'ASSOCl/y�E�, IN�'/./ ' / / J % Q SITE PLAN ■ � , ,'` � re2i ` `�Q, ��. \\ x �\ 1 � . . ; \, �` . � v o\ : Q ' ��. � � 1 � �� 11 � �. ��' � _ . .�, SAV 4�91-02 � • �� ,� • ' � ` '� 1� � • � '� � �— .� � � �� '� � � '�' '� � '� '� # # � � �# # . = ,,� .. . � \ ,�• �� \it�`. � � I ♦ \`�`�����,r►�'r ,• 1 t . ��� ��.'�'� � . _ � � , �,.' 1, � �'�' �� � 1 ' � - ` ,► • '� ! �� t, 1� ,���:�'�� 1 � . ��``�, , ; � � , � ,�����,•� ���� .� . . .� : �' '���� � � '� � ,� � •� � �� �' � ,�1� � �.�: �>, � � # �1� � . ,1� "�\ � � � �`�� '. ;��� I, � �'� � ,� . � t � .�, � � �" �� �` � � � +�r ;g-� �� �� �r� i'�` � �� � #, , ��.�,.. . . 1 .s #� � � � - � � � � ,� �� .� �' ' � � � � ' � : '�� # �1 � TOPOGRAPHY MAP 7R � � � ��� �� ���� , CITY OF FRIDLEY S4S1 I�NIVERSITY AVE. N.E. fItIDLEY, MN ia43Z (atQ)6Tt-s4S0 REZONING REQUEST ZOA # � YACATION REQUEST SAV # PLATTING REQUEST P.S. # �1--��v /'`����� � � , ,, . . :. �. .�:. ,. _. -.: �. �. � � � � .. � , �. �, � � . _�.... '�: }� ?� M �� MI �1 1 �' PROPERTY INFORMATION A� �ss c�v�.Q�`�- I�;AL LE.SQ2IPPmN: r,ar �oac �►� �/�,nnrrmN � � v r,�c�r�E�✓ �f� ►y,trs �oo�/ �sFrrr zaan�c x�v� zaJnac REASCN FOR R�UES'�: A site plan shawin9 the pcopcsed future use is required for all rezoning. YA�TE 4.RaT �IO Tr'r 0� flOY'6Q MEASJ�i� FR.O� �"�RST ,�14t'�%r DF w�1tY t-.� h! � o E bRo ►r! Prv E ***************** ***,�r********�!t************�****�****,k�**************it**** **,�r ***�* ** FEE OWNER INFORMATtON � � c��� ���� C iT`� o F �o �. �� �a,,E � � � �t' � � � � sicr�.v� �T� � ,�*�******�'*�***��*���`��,�������,�*��'�'��'�*��*���*��,�r�********���°**,��,�`�********* . PETITIONER INFORMATION �`"" J���.s r� �YNe s. P�'�s� ��s-�z3S� � r� c�� ��m� T�h��-�y �, � nob� �.,� a� ���o ���� , '1q�+S t��ok� (�.v � PIN R�3'3o-Zi�32.0033'-ooSa�3� �j�IOLE`/ — I}6ST�AaT ll�tL'S$,�,qL.�oV'6R ST P�N 0.oa-�e-�-3z-oozo-efa7a37 t��� —?e�aREk� . . / . � r+. . � � i� �• � � i� ...• s� � s �:,�� ,•. w •• M� :• � �� � s ��� � 3PIFiJI�ATIDldS: z N. C. HOIUM & ASSOC., INC. 10731 Mississippi Blvd. N.W. (P.O. Box 33026) � Coon Rapids, MN 55433 � � April 15, 1991 James Peterson 7995 Broad Street N.E. Fridley, MN 55432 Dear Mr. Peterson: Land Surveyors TELEPHONE (612) 421-7822 The following is a suggested legal description for the vacation of Dover Street in the City of Fridley: All that part of Van Buren Street, now known as Dover Street in the plat of RIVERVIEW HEIGHTS according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minn- esota, lying Easterly of a line drawn from the North- westerly corner of Lot 19, Block L to the Southwesterly corner of Lot 21, Block K and lying Westerly of a line drawn from the Northeast corner of Lot 22, Block L to the Southeast corner of Lot 18, Block K, all in the plat of RIVERVIEW HEIGHTS. Subject to an easement for utility purposes over the Southerly twenty (20) feet of the portion of Dover Street to be vacated. Also subject to a walkway easement over the Northerly ten (10) feet of the Southerly twenty (20) feet of the portion of Dover Street to be vacated. Yours trul , � � / N. C. Hoium RLS NCH:dh 7T °' inne asco �'M 9' April 30, 1991 Donald Betzold Chairman, Planning Commission City of Fridley 6431 University Avenue N.E. Fridley, l�i. 55432-4384 RE: Street vacation of Dover Street SAV #91-02 Dear Mr. Betzold: Minnegasco does have an existing gas main in that portion of Dover Street proposed to be vacated. Since this gas main is necessary to serve 591 Dover Street and 7995 Broad Avenue, we must object to this proposed vacation unless suitable easement rights are reserved to Minnegasco, pursuant to MSA 160.29. Please reserve an easement over the following described property: That part of Dover Street which lies 60.00 feet Easterly, measured at right angles, from the Easterly right-of-way line of Broad Avenue. The utility easement mentioned in your letter over the South 20.00 feet will not sufficiently protect Minnegasco's existing gas main and the legal description mentioned above will have to be included in the vacation document should it be passed. We may consider removing our objection should the petitione=s wish to reimburse Minnegasco the cost of relocating the existing gas main and service lines. To discuss this and other options that may be available, please have the petitioner contact Rick Pilon, Senior Design Engineer at 342-5426. Thank you for the advance notice and please send me a copy of the final action on this proposed vacation. cc: R. J. Pilon, Minnegasco Ron Munson, Minnegasco 700 West Linden Avenue p.o. soX i�s� Minneapolis, MN 55440-1165 7lJ Sincerely, (}.�— / / /, � �1� � L Zifl ��- Steven Von Barc}+en Real Estate Specialist Minnegasco To: Timothy and Donnett Miller James and Lynda Peterson I/we hav� no objection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between your hon,es at 7995 Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minnesvta, viz: the first 110 feet of Dover Street immediat�:ly east of Broad Avenue. I/we realize that this would eliminate the possibility of Dover Street bE•lllg developed as a through street from Broad Avenue to the East River ROac� . (, \ � 4� NAME . � NAM .5// ,d?rz� .�'� �' � ADDRESS �'-��� i � i iy/ DATE � 7V To: Timothy and Donnett Miller James and Lynda Peterson I/we have no oUjection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between your homes at 7995 Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minneaota, viz: the first 110 feet of Dover Street immedia�ely east of Broad Avenue. I/we realiz� that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Road. NAME . ; Q NAME �/� Q�i� �� �°. ADDRESS � �� �� �- DATE �_ � 7_ yl % W To: Timothy and Donnett Mil�er James and Lynda Peterson I/we have no objection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between your homes at 7995 Broad Avenue Northzast and 591 Dover Street Northeast, Fridley, Minnesota, viz: the first 110 feet of Dover Street immediately East of Rroad Avenue. I/we realize that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Road. / / NAME NAME �-� ��-�,��� ADDRESS �—, .�— / DATE � %i( To: Timothy and Donnett Miller James and Lynda Peterson I/we have no objection to your proposal to ask the City of Fridley to vacate the public right of way callzd Dover Street which lies between your homes at 7995 Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minnesota, viz: the first 11� feet of Dover Street immediately east �f Rroad Avenue. I/we realize that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to thz East River Road. � �� _. , - , . .. � � �� , ,•-_ � --�____ NAME �-' NAME / J ` �_ �J I ,��z����' �- ADDRESS � � �'� / DA � �' 7Y � To: Timothy and Donnett Miller James and Lynda Peterson I/we have no objection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between your homes at 7995 Broad Avenue Northeast and 591 Dover Strzet Northeast, Fridley, Minneaota, viz: the first 110 feet of Dovez• Street immediat�:ly east of Rr•oad Avenue. I/we realize that this would eliminate the possibility of Dover Street being developed as a througri street from Br�ad Avenue to the East River �oad. , � ` /' / /1 , / 2:. �GZ�L�Lc.��- - ��sr�.�i��e-r�-� � NAME , I 1 �v1 � �j�� /,� � -- ` NAME - �� -� . �� �: � ��� ��` �. ��. ADDRESS � ' � DATE ,� � J y� y. � %�� i9�i C%� 7Z To: Timothy and Donnett Miller James ar�d Lynda Peterson I/we have no objection to your proposal to ask the City vacate the public right of way called Dover Street which your homes at 7995 Broad Avenue Northeast and 591 Dover Northeast, Fridl�y, Minnesota, viz: the first 110 feet immediately east of Broad Avenue. of Fridley to lies between Street of Dover Street I/we realiz� that this would e.liminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Road. Q, � NAM NAME S�� �a Jt� �1 . /U �-: . �'TLi � � ADDRESS �l� � l� r DATE �' 7AA. � � Community Development Department � G DIVISION City of Fridley DATE : May 3 0, 19�91 �� TO: William Burns, City Manager �;��' ' �;1 FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SOBJECT: Variance Request, VAR #91-09, by Seviola Construction Attached please find the above referenced staff report. The Appeals Commission voted unanimously to recommend denial of the request to reduce the front yard setback from 35 feet to 29.5 feet. Staff recommends that the City Council concur with the Appeals Commission action. MM:ls M-91-372 � � T � STAFF REPOR APPEALS DATE raay �4, 1991 CITY OF PLANVNG CON�AISS�4N DATE F'RIDLEY CITY COIJNCIL DATE JZme 3, 1991 �tioR r'Y"i/ls REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING UT�.ff�S PARK DEDICATION ANALYSIS FlNANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS ,-----------•— STAFF RECOMMENDATION APPEALS RECOMMENDATIOI PLANNING COMMISSION RECOMMENDATIO� � VAR #91-09 Seviola Cbnstructi� Oo. representing Rpbert McKay �Po rec�uoe the front yard setback fran 35 ft. to 29.5 ft. 5218 Matterhorn Driv� N.E. 11,280 sq. ft.; 16.6$ lot ooverage 1� 1, S ing le Fami ly Dwel ling F�1, Single Family Dwelling to the N, S, E, & W Yes Denial Denial -- _:, _, ; - N �/2 ��TY C/TY 2� ��.� P i��, ` S_�'p� ,y" �' �• i��i. Z �.. �rn Z� r�� L..y't� ,I I ..�, �� `b; (` �, , �� VAR 4t91-09 S0V101H i�nnstr�,n*;.... SEC. 25 T. 30, R. 24 OF OF COL UMB/A 25 Y //I /_'AYYlO FR/OL EY HE/GHTS 8B LOCATION MAP �. /2 . , !y 0 /nn VAR ��91-09 Seviola Construction _ �� 8 � ZONING MAP � Staff Report � #91-09, 5218 Matterhorn Drive Page 2 V• �I� ,►G ; �.:1.� . "Need i-�ocan for cars to be gazaged--existux� garaqe too small. Children starting to drive." • � �� V• ��i. 11eSt 'I'�le j�1t1�I"12r', SEV101d �TZiCtl�d'1 �� 1.S 2'�jJY�E?SP11�1T� �'le hcaneowriex, R�obert McKay, in r�equesting a variai�oe to reduoe the front yard setbacJc f�can 35 feet to 29.5 feet to allaw the construction of an additional garage on Iat 6, Block 5, InnsbrucJc lst Addition, the same being 5218 Matterhorn Drive N.E. Site Loc,ated on the prapexty is a single family split-level home with a tucJc- ��' ��' 9�9e• '� p�sty is zoned R-1, Single Family DwoPlling, as are the propexties to the north, sauth, east, and w�est. Analysis Section 205.07.03.D.(1) of the Fridley City Code requires frorit yard setbacJc of 35 feet. Public purpo�.,e seryed bj, t�+i c��nt is to allow for off-street P�'� Wlthaut encroaching on the public right-of-way and also for aesthetic consideration to reduoe the building "line of sight" encroarhment into the neighbor's front yard. The petitionex is pY��osing to oonstruct a 14.5 ft. by 24 ft. yarage in front of the existinq garaqe, �hys wo�ld� in effect, nake the garage dauble deep to provide additional roo�n for additional cars. i�ile the lot does have a severe change in tq�ography which el i m i na�; � p�ial for a detached garage to be oonstructed in the rear yard, there is adequate irocsn in the existing twd car garage ar�d on the driveway to prwide irocen for � to faur cars. 'Ihe petitionPx has reasonable use of the prcyperty with the existing two �' 9arage as rac�' i'' ed bY oale .�e petitioner ca.tld oonstruct a 9 foot wide addition. Z3�ere is still 45 feet betw�een the garage and the public right-of-way. Zhe lat does nat present a unique t�ar,��,;p which wauld justify approval of the va'rianoe. : � Staff Report VAR #91-09, 5218 Mattexizorn Drive Page 3 Reoonmiesidation Sirioe the petitioner has reasonable use of the praperty with the existin�l 9araqe, staff reoo�ds that the Appeals C7a�emission reoo�mend to the City Qamcil clenial of the request to reduoe the front yard setback from 35 feet to 29.5 feet. �s c�c�nnnission Action Zhe Appeals Doa�anission voted unanimausly to reoo�ner�d denial of the request to the City �i.l • City Ca�.iricil Reco�mnendation Staff r�eoo�m�ex�ds that the Crnuzcil �' with the Appeals C7oa�anission action. 8E VAR �i91-09 Veviola Construction ` Scale 1 iach ' 40 fe Exz�r oF i�il�rrnc�h ��� �ual�oa �C.�9 Co%.�l�1.4�P/.. z.� �d � LOT 6, gLOCK 5, INN53RUCK 15T pDDITION . ' . ■ � � tio.o ,. �'./ . . 3o j _r� z�, � I I`or , y - �- s � °� I . Q ` S , � � °• E + b N Z . e�. I „ . Z • � �L ,u � � o- p I d S . � + : N u� I= 3S� ~ � �Y;97 Q :n • � � v 1�i i ♦ 3 0 -s� � . , .. ' IZO.p , - � ; ' i i `°' c�cno}es iron mo�umen� Th�S Su�vey was made an� a cer��ttca�e Prc� arcc sor for �!�e aurPose of show�n ' boundar�cs of }ie ioT and �:�;iTy c�scm�nis. There a�c no encroachrnen�s. � ERTiFICATE OF SURVEY sF � SITE PLAN VAR �i91-09 Seviola Construction �.AST �� vA �'� o N ' 8,� ap � 8G ELEVATION Cl'iR OF FRIDLEY 6431 L�JIVEiZSIi'Y AVH�tJE N.E. FRIDLEY, I�T 55432 (612) 571-3450 •� ii in i� � _ - • � ii =:� � _.� _ •ii = 1 _�+_� �= __��_ � �! ��� Pi�DP�'Y II�iTIaI�T - site plan requ,ired far sui�mittals: see attac3�ed � Addr�s.s: S Z.1 g 1MA. � N.. n� '� �Z Iega1 des�ription: � B1ock � �Yact/1�cldition JivSt�oc.�G / S�/.,�,G�ijv,.� �rrer�t zatzlrig at.��D ���e i To �o�,r-p — Reaso�z far vari.aryoe at�d hardship: _�1 s�«i6 �4�.s[� To� �r� r C�Cl�.�,., ��+e.f%�b i�v Z�rJra s�ti«z of GitY . •1�-� . r� 1 r�,i.; l i 1 � t� �- �� r ..r ...�. ���'_________.- i� k' C�r� �-[� �j .It�. ` � �� ��� �.�°',�,:_: �_.� r_.t'��_,(J M `"t 1�: . . - :�I. • •,1 I]I' � I' • '. I� •: %.(— `�, t�.'r i ,/ � �. _, (LOd'1tY'dG"t pUl'C�]�dS@Y'S: I'�E OWl�LS 2RYSt S1C�'1 �115 fOTID j�'1G�' t'+O j�00eSS1I'ICf� N�ME T�r1 �.T2 _ 1� Y_ � w �� A._ • �ss �'?�l � - PV 1 A-�'�a. { �e�.�_ � �Z � �1�L nAVmr� pi�lE 5'1 � 1( S'l �i'Z / z.�s�.� szc�,� n� z c. y . ��,� � �-. •. ,. .: ►� � , • � �:- a. � •�, . � _� �� �,� � �s�-S� �y Fee: sioo.00 S 60•00 for resi�ial propexties Piezmit VAR � �� �� � ApQlicatioan raoeived by: '' =• =• ' �• =- •. �� �� . . . - Sc3ieduled C'lty Oa�cil date: " � � �l .,.... r............. �. _ _........... _... - 8 H ____....__ 5194 Matterhorn Drive Minneapolis, Minnesota 55421 May 13, 1991 Diane Savage, Chairperson Appeals Commission Fridley Community Development Department Fridley, MN 55432 Dear Diane Savage, As neighbors of Robert P. McKay, we support his request for consideration of a variance so he can construct a larger garage on his property. Sincerely, .���-�� ��- � � r� �d'Z. �/������ f� ,�G� �o � Rolan E. Anderson Muriel E. Anderson � CITY OF FRIDLEY APP8AL8 CO1�IIrtI88ION l�$TING, �IAY 14, 1991 ���►�N�YS.Ur��Yti�►� w�Y���yy.►yy.►�►y�y�YA��4��.Y�Y�wNIN1��Y�►�N��M�YM.YM�ID�NM��1►�My��N CALL TO ORDER• Chairperson Savage called the May 14, 1991, meetinq to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Larry Kuechle, Ken Vos, Cathy Smith Members Absent: Carol Beaulieu Others Present: Michele McPherson, Planning Assistant Robert and Nancy McKay, 5218 Matterhorn Drive John Seviola, Seviola Construction Mark Hillstrom, 570 Ironton Street N.E. �1PPROVAL OF APRIL 16 1991 APPEALS COMMISSION MINUTES. MOTION by Ms. Smith, seconded by Mr. Ruechle, to approve the April 16, 1991, Appeals Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPBR80N SAPAGE DBCLARED THE MOTION CARRIED IINANIMOIISLY. 1. •►11V1� v�.aar �r - Per Section 205.07.03.D. i) of the �ridley City Code, to reduce the front yard setback from 35 feet to 29.5 feet, to allow the construction of a garage addition in front of the existing garage, on Lot 6, Block 5, Innsbruck lst Addition, the same being 5218 Matterhorn Drive. MOTION by Mr. Kuechle, seconded by Dr. Vos, to open the public hearing. IIPON A VOICE VOTE, ALL VOTINQ AYE, CSAIRPERSON SADA(3E DECLARED THE MOTION CARRIED AND THE PQBLIC HEARING OPEN AT 7:31 P.M. Ms. McPherson stated this property is located on Matterhorn Drive, just north of the Columbia Heights/Fridley border. The property is zoned R-1, Single Family Dwelling, as are the properties surrounding it. �� � APPEALS COMMISSION KEBTING IdAY 14 1991 PAGE 2 Ms. McPherson stated the proposed request is to construct a 14 1/2 ft. by 24 ft. garage addition in front of the existing garage for storaqe of additional cars. The�single family dwelling unit currently has a tuck-under qarage. The topography of the lot is such that it prevents construction of a detached accessory buildinq in the rear yard. The only access to such a structure would be along the south property line, and the topography is such that it would prevent access to the accessory building without considerable expense to the petitioner. Ms. McPherson stated the petitioner does have reasonable use of the property without the proposed addition. The petitioner could construct a garage addition of 9 feet wide and still meet the code requirements. There is adequate area to store additional cars in the front yard. There is a very wide public right-of-way from Matterhorn Drive, so there is an additional 16 foot boulevard from where the pavement of the road ends to where the property line begins for this particular lot. The lot itself does not present any unique hardship which would justify approval of the variance. Therefore, staff recommends that the Appeals Commission recommend to the Council denial of the variance request. OM TION by Ms. Smith, seconded by Mr. Kuechle, to receive into the record a letter from Rolan and Muriel Anderson, 5194� Matterhorn Drive, stating they have no objection to the variance. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPSRSON SAVA(�E DECLARED THE MOTION CARRIED DNANIMOUSLY. Mr. Robert McKay stated that he can come out 10 feet without a variance. That gives him more storage, but cars are approximately 16 feet long, and he would not have the length to store 3-4 cars. He wants to keep his cars stored inside to keep them from being vandalized. Mr. Kuechle asked if it was possible to expand the garage to the rear of the existing garage. � Mr. McKay stated that behind the garage is the reverse of a walk-out. The backyard goes up from the basement window to a very high point. They would have to go in and dig out a hole in the backyard, and the whole addition would be under- ground. There are also mature oak trees in the backyard. Mr. Seviola stated they would have to take out the back wall of the garage, excavate at least 14-16 feet of dirt out of the backyard, and they would have to put in block walls. It would escalate the cost of the construction three to four times. 8K �PPEALS COIdMI88ION KE$TING. IrIAY 14. 1991 PAaB 3 Dr. Vos stated another suqgestion would be to add lo feet on the front and 5 1/2 feet off the back. Mr. Seviola stated that would still increase the construction costs considerably. He stated they are only requestinq a variance of 5 1/2 fe�t. The appearance of the house will not be chanqed at all. Mr. McKay stated the way the addition is designed, the peak of the house to the left would be matched with the peak on the new qarage. It would be architecturally sound and the house will actually look better. Mr. McKay stated that they are seeinq more and more vandalism in their neighborhood. He stated he likes to have his things stored inside. Automobiles are too expensive to store outside. His property is well maintained with a security system. Mr. McKay stated that hardships are different for different people. From his viewpoint, the cost of sutomobiles and the maintaining and repair of automobiles, particularly in Minnesota, is a hardship. If he had a flat lot, there would be no problem; but the only way he could add on the back would be to dig out the back yard at a substantial additional cost. He would not be before the Commission if it was feasible to do that. OT ON by Dr. Vos, seconded by Mr. Ruechle, to close the public hearing. IIPON A VOICE VOTE, CHAIRPER80N BAPAQE DECLARED THE 1�[OTION CARRIBD AND THg pQHLIC HSARING CLOSED AT 8:00 P.M. Ms. Smith stated it certainly made more sense to construct the addition on the front than off the back. The addition would not infringe on the site lines. However, she is reluctant to set a precedent for expanding garages, and she did not want to see them get into the habit of giving variances. Ms. Savage stated that she is sure that the majority of the people in Fridley have the same need for more garage space. Most garages will not accommodate four cars. She did not see a hardship, and she also is concerned about setting a precedent for the expansion of qarages. Even 1 foot sets a precedent. She would vote against the variance request. Mr. Ruechle stated he is also inclined to vote against the variance. There is another option, even though that option is inconvenient and more expensive. He aqreed with Ms. Savaqe 8L APPEALS COMMZSSION MEETING, MAY 14. 1991 PAGE_4 2• that there are probably very few homes in Fridley that couldn't use more garage space. If they allow one person to expand, then they have to allow everyone to expand. Dr. Vos stated he realized that the option of expanding to the rear is somewhat of a hardship; however, it is an economic hardship, and they cannot accept economic hardships as a valid reason for granting a variance. Ms. Smith stated she just did not see going from a two car garage to a four car garage as a hardship. O O by Ms. Smith, seconded by Mr. Kuechle, to recommend to City Council denial of variance request, VAR #91-09, by Seviola Construction Company representing Robert P. McKay, per Section 205.07.03.D.(1) of the Fridley City Code, to reduce the front yard setback from 35 feet to 29.5 feet, to allow the construction of a garage addition in front of the existing garage, on Lot 6, Block 5, Innsbruck lst Addition, the same being 5218 Matterhorn Drive. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIIBLY. Ms. McPherson stated this item will go to City Council on June 3, 1991. � KLISMITH• Per Section 205.04.06.A.(7) increase the height of a e front yard (4 foot fence o 8, 9, 10 , Block 3, Spring B River Road. MOTION by Mr. Kuechle, s hearing. 0 of the Fridley City Code, to nce from 4 feet to 7 feet in the top of a 3 foot berm), on Lots 7, ok Park, the same being 7905 East IIPON A VOICE VOTE, CBAIRP1:RSC CARRIBD AND THE PQBLIC HEARING The petitioner was not present. by Dr. Vos, to open the public SAVAGI3 DECLARED THE MOTION 'EN AT 8:10 P.M. MOTION by Ms. Smith, seconded by r. Ruechle, to close the public hearing and table VAR #91-1 until the next meeting. DPON A VOICE VOTB� CHAIRPERSON SA CARRIED AND THE PIIBLIC HEARING CLOS �•l l.l E DECLARED THE MOTION AT 8:12 P.M. � Q � . DATE: TO: FROM: SOBJECTS Community Development Department G DIVISION � City of Fridley May 30, 19�91 ,� , William Burns, City Manager ,�� ^1 + Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #91-11, by Mark Hillstrom Attached please find the above referenced staff report. The Appeals Commission voted unanimously to recommend approval of the variance request to reduce the required front yard setback from 35 feet to 25 feet to correct the existing nonconforming conditions. The Appeals Commission also voted unanimously to recommend to the City Council approval of a further variance to 21 feet if the petitioner's water problem could not be solved by regrading the property, with the following stipulation: l. The petitioner shall provide a hard surface driveway by June 1, 1992. Staff has determined that while regrading the property would alleviate the petitioner's water problem, it would not totally ensure that water would not enter his house. Regrading will need to occur if the proposed foyer is constructed. Staff recommends that the Council concur with the Appeals Commission action to bring the property into conformance and to deny the request to reduce the front yard setback from 35 feet to 21 feet. MM:ls M-91-371 ❑ � � STAFF REPORT APPEALS DATE �Y 14, 1991 C�TY OF PLAf�VING CON�WWSSION DATE f RIDLEY CITY COU�GL DATE J� 3, 1991 AUTHOR �� REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SiTE DATA SIZE OENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UT1LffIES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATIO� PLANNING COMMISSION RECOMMENDATION VAR #91-11 Mark Hillstran Zb reduoe the front yard setback frcm 35 feet to 21 feet. 570 Ironton Street N.E. 5,500 sq. ft.; 13� lot ooverage R-1, Single Family Dwelling R-1, Single Family Dwelling, to the N, S, E, and W Yes Denial � � Approval with stipulation ' VAR �P 9 1-1 I Mark Hillstrom ar LOCATION MAP ICITY ❑i � / 1\ � � � � • �� / F �.��1;��'�� : � � i / � ' - -1: � 1 :, �:���'�' : :::� • :� .... .�. .., , r���•' ���' � � �r- �*::��1 � �si i e .'i��l R ■��I ►+i :::: ,... . � �s — .,���E, : ,.�i .:•r� s: /� �' / :�� i i OF ?2 f• 5 + �.`'� . F• :� ,r� :� VAR �i9 1-1 1 Mark Hillstrom 3�Q- W ���.•- � � � , � w,�' <"� . ti•� � � �' "' � _� W � . � � :� .;� �� - � �' � � S' v �� � , � �.,� :�� ;� � � � �` \ �' � ��' „ -� ,`� ,� J � �� �, � � ;�; .� ,,,`� � �,� � � ' w � -' � ,� .� ,, .� , ^ .c `,, �:.; a � � � �1 � i +�� �r� '`� - � '�� �� � � ii � � V i� � � %�� •y ��,, v ' ' W 1 � � ; P a ��� 41BERTY T. , �� _ � 0 % ,�` 6 r . _ Q � LONG LI.OW \ � �, ♦. i `` ♦ I \� `•` � ' �� � • `�� • •,� • • • � � � \� • � • � • • • • • i ��� ` y • • • �, � • � • 4 • i \ \\ • _ • 1R % ��`Q �� • � �,��` ' ♦ ' . � • 1 � � :� \ ` I�� �\ � V- ti ,� •1� ♦ as �1� •��� L''��� _� R I V E R �TI.� \N � � , •'� �� � • • • • • • • • - HEIGM �'� � a s.. k � •1� �, ����• •�������• • • � � . �ic% � • ` a�% Q t � • � •����• • �•p ��� � \ =\��l •b �, • • � • • Y� • •� . 1 : ����� ,V � � • ~ �, � � �� � � � � \ r f 7� ,�f, �S ��� �� ,� ����� � � � \ . � •, f + e ��"' J `Ri±i �,� •9� ♦; �•�.��� •���� � �-\ �` ° , ' � • � � �'i,�ti g �P-1 � • • • • • � • � � . ♦ • • �'�T, . � ��'.� �� �„•� t �� � ' pt� • i �� �• � • ,. . o ri� � � � � 0 1e 1' , � ' �o eLj' 1� ���. � + �,,, : • • p"- \ �j � 1 _� • S �S . . � � 8 Q ZONING MAP Staff Report VAR #91-11, 570 Ironton Street N.E. Page 2 A. STATED HARD6FIIP: "Slape of larid causes water to drain irito both doors. (No elevated y��.�n • � n v �a R est Zl�e petitioner is requestir�g a varianoe to reciuoe the fznr►t yaYd setback frwn 35 feet to 21 feet on I�ts 43 and 44, B1ocJt "G", Rivervie�a Heic�ts Addition, the s�me beirig 570 Ironton Street N.E. The petitioner is pr�,�osing to oonstnict a 4 ft. by 4 ft. fayer and an attached carport in the side yard. Site Lor.ated on the praperty is a single family clw�elling unit with no garage. The pro�erty is zoned R-1, Single Family Dwelling, as are all adjacent Properties. �nalysis Section 205.07.03.D.(1) of the Fridley City Code requires frorit yard setbacJc of 35 feet. Public pur��ose se,YVed by this r�equir�ment is to allvw for off-street parlcing withaut encroaching on the public right-of-way and also for aesthetic consideration to reduoe the bui.lding "line of sight" encroachment into the neighUor's firont yard. The petitionex is requesting the variance in order to oonstruct a 4 ft. by 4 ft. fayer at the front of the hause. The petitioner's lot curreritly slopes froan east to we.st and, as the water flaws across the PropertY� water enters the hau�se thro�x3h the front door. 'Ihe petitioner praposes to construct the foyer in order to alleviate the drainage problem he is currently expexiencing. �e same drainage problem oauld be solved by regradirig the area in the front of the haase to direc.�t water away frwn the hause tauran3 the street arid then towa�l the we.st. The alternative may be si�ler ar�d less expensive for the petitioner arid w�ld a�q�lish the same goal. Zhe prq�osed addition would not affect the parking situatian for the petitioner. � Staff Report VAR #91-11, 570 Ironton Stx�eet N.E. Page 3 Rec�cnendation Staff reo�s that the Appeals (7o�¢nission reooataner�d to the City �il denial of the request to reciuoe the front yard setback fraan 35 feet to 21 feet. If the Qo[enissiari c�ooses to reo�nesxi approval of the request. staff rec�� the followiryg stipulation: 1. The petitioner shall provide a hard surface driveway by June 1, 1992. A,�peals �anission Action The Appeals �snission voted unanimau.sly to r�e�xyd to the �il approval of a varianc�e to z�educ�e the front yard setbacJc frc�m 35 feet to 25 feet to vorrect the existing corxlition. Zhe Appeals Oce�rtnission also voted to reca�anerx3 to tY� �ouricil approval of a further varianoe to 21 feet if it is determi.ned that the prablem cannot be solved by regrading the P�Y • Staff Update The Assistant Public Works Director revie�red the case per the Appeals C�mnission's direction, ar�d he detennined that the petitioner's problem oould be solved by regrading the front yard. Haw�ver, he also indicated that this solution may not totally ensure that water would not enter the hau��e. A swale wr�uld rieed to be created to direc�t water to flvw in a northwesterly direction across the petitioner's yard. R�gradirg will iieed to oocur if the fayer is constructed to ensure that water is direct.ed away fr�► the hau.se. City Cauncil Recoa�m�erxlation Staff reo��ds that the Qouncil voncur with the Appeals �nnission action to britig the property into oonforn�ance aryd to deny the request to reduce the frorit yard setbacJc froan 35 feet to 21 feet. $S VAR 4� 9 1-1 1 Mark Hillstrom �it�e �r��ur�r�ce �Con��a��p of �t��e�ota� �Cit�t�ea��oYi�, �it��e�ota� ' . �tfber ie attached to and become a part of Policy No. g'�• Linnesota. a , , - •. `�oN'C o ye �. '► � � .:.� N !S ��� � �'`\ �r�� � �5 . � r`° ' `�`���¢ ;o �. � ` - �� a . � « � i /. o f Title Insurance Company �. . . i �� � � . a ��'� °,�i Pr Y \ � La� \ �y �� � � � v� . �1 � �°� • � �'" ; � �•��� 'r• �'� ��`� .\� � � ; °� � \ t�� ,�o� � �- . a 'he plat above shown indicates correctly t''., ize and location of the improve- :nts on premises herein insured; also th buildinga now located on premises in �estion are entirely within the lot lines and the buildings on adjoining prem- �es do not encroach on the premises herein insured.° �thing herei�i contained shall be construed as extending or changing the effective date of said icy, unless otherwise expressly stated. ds Rider sha11 not be valid or binding unril countersigned by either an Assistant Vice President, astant Secretary, Title Officer or Validaring Officer. �ned and seale�i this ,� �� day o f �� ��- � l9 5�� . �..,-- �itie �nguraace �ompattp of �Cintte�cota By . � President �� 8T SITE PLAN !�j �r r�`, �` VAR 4i9 1-1 1 Mark Hillstrom \ �n T-G� a� v�� �p � %��,/,� -1:,�'s." �, I .l �.{� �Fyf��'��� �* = ;`i, ; ���j �, � ���_y� �t 8U SITE PLAN Cl'I'Y OF FRIDI�Y 6431 @IIVERSITY AVEI�IIJE N.E. FRID�£Y� l�i 55432 �ity D�v�lo�le�t Dep�p�t (612) 571-3450 /z_aJ � � �' i__�i—_. r' I• i��.iY II�o[�TIaN - site plan required fc� a�anittals: see attaci��ed Aaare�: .�`�o r�o� �o� s T 11/�' Legal d�saiptian: � �l a � �' B1ock Trac�t,/Ad�dition %� � vt •' ✓� �c r✓ �I� 1 A�► f S Ckirrent zanit�g: �— Square f - '' r ��j� F,� � I�p�,,�,�, � ,,•o �. � Reason for variar�oe arxi hardship; �/o p e o /c► r1 d Cu tJS G r 4 �'o o%,�" ��o off� �oei- ;� �, � � ��'y � secticn of city ooae: '�C- . G`1 c 1' (, � No � l �✓R t� +e s �� . �,_ , .,, ��� , ,-. �, ,. . coa,tract Purchasers: Fee owners m�st sign this fo�m p�iar to P�voessitg) � rl�a,�� h!//s �.o,� . �,s S 70 ..�i�ar� �o.> ST /1/� �rr'�/eY, /y!/y SSy3� nArrn� �� 1G�2�S�S- 8777 , , _ . �. ��.� n� y-�c-9/ �rria� n�cx ___...._ rmr� .„.� �• �� •.� SIQ�URE p�� .,..,--.._....._�......,..._.......... �ee: $100.00 .._....___..__ S�• 00 for resi�ntial propex�ties Permit VAR � � � � � ; ReoeiP't # �rj �J �1 �O Application reoeived by: Scheduled Appeals Oamnission date: Sci�eduled City Oo�u�cil dat�e: _ ..��....M.�.._.�....w..�..�.....��.�..�......._.�_�____.-�,._ .,....�...,....._...__...... � 1/ APPEALS COI�IIggION K88TING, Ml�Y 14. 1991 PAGE 6 would have to start at the front of the existing house. The carport as proposed is in line with the proposed foyer. Mr. Mark Hillstrom stated that instead of a hard surface driveway, he would like to put in rock as he thouqht it would help with the drainage. He did not think a hard surface driveway would help the drainaqe problems. Ms. McPherson stated an acceptable alternative miqht be brick paving blocks. That would allow the water to flow �hrough the blocks. Mr. Kuechle asked what Mr. Hillstrom thouqht about the possibility of reqrading the property to divert the water away from the house. Mr. Hillstrom stated he did not think reqradinq would work very well because of the way the property slopes from the north . Ms. Savage stated that Mr. Hillstrom certainly does have a problem. She asked if it is possible for someone in the City Engineering Department to visit the site and see what alternatives there are for correcting the drainage problem. Ms. McPherson stated that might be possible. Dr. Vos stated his main concern is that the petitioner believes that the only way to solve the problem is by building the foyer. Mr. Kuechle stated he did not see adding the foyer as an answer to Mr. iiillstrom's drainage problems. Something needs to be done with the drainage flow. Dr. Vos stated that the foyer is basically an air lock, because the petitioner will have two entrances to his house, first into the foyer, and then into the main dwelling unit. He believed the Code says a foyer can encroach into the front yard without a variance. Mr. McPherson stated that Section 205.04.06.A.(3) states: "Decks, unenclosed porches, canopies and steps to building entrances may extend not more than ten feet into any required front or rear yard setback and not more than three feet into any required side yard, provided they do not extend nearer than five feet to any lot line." OTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. 8 X APPEALS COMMISSION MBBTING MAY 14 1991 PAG$ 7 IIPON A VOICE VOTB, CSAIRP$RBON SAVAGE DBCLARED T8$ 1tOTION CARRIED l�ND TH$ PIIBLIC HgARING CLOSED AT 8:35 P.M. Ms. Savage stated this is a difficult decision. She did not want to continue the nonconformance by brinqinq the house even closer to the street, even thouqh the foyer could improve the appearance of the �home and solve the drainage problem. However, she would like see if there are any alternatives for solving the drainage problem, other than the foyer. It is obvious something needs to be done; and if there is not a reasonable alternative, then she would be in favor of granting the variance. Or. Vos stated he realizes that the petitioner's house is already in nonconformance, and he is not opposed to encroaching 4 more feet into the nonconformance, just because of the location and the kind of hardship he saw from the road on that front door. He did not believe the drainage is going to be solved by diqging a hole. He would vote in favor of having the petitioner look at a foyer as one of his solutions for the drainage problem. If, between now and the Council meeting, the petitioner decides that he can do it by regrading and not building the foyer, then he can just ask for the variance for the carport. Ms. Smith agreed. She stated she did see a hardship with this drainage problem. She believed that qranting the variance for the foyer will improve the property, especially with the stipulation for a hard surface driveway. Mr. Kuechle stated he would recommend approval of a front yard variance from 35 feet to 25 feet to bring the house into conformance. However, he would be in favor of approving the front yard variance from 35 feet to 21 feet for the foyer if a drainage solution is not possible with regrading. MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend to City Council approval of variance request, VAR #91-11, by Mark Hillstrom, per Section 205.07.03.D.(1) of the Fridley City Code, to reduce the front yard setback from 35 feet to 25 feet to bring the existing property into conformance with City Code. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVA(3E DECLARED THE MOTION CARRIED IINANIlrIOIISLY. �ION by Mr. Kuechle, seconded by Dr. Vos, to recommend to City Council approval of variance request, VAR �91-11, by Mark Hillstrom, per Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 21 feet to correct the water drainage problems if it is determined 8Y APP$ALS COMMI88ION M$BTING. MAY 14, 1991 PAGE 8 that the drainage problem cannot be corrected by regrading, with the following stipulation: 1. The petitioner shall provide a hard surface driveway by June 1, 1992. IIPON A VOICE VOTE, 11LL VOTING AYE, CHAIRPSRSON BAVAGg D$CLARBD THE MOTZON Cl1RRIED QNANZIrIOQBLY. ADJOLTRNMENT • OTION by Ms. Smith, seconded by Mr. Kuechle, to adjourn the meeting. Upon a voice vote, Chairperson Savage declared the May 14, 1991, Appeals Commission meeting adjourned at 8:55 p.m. Respectfully submitted, Ly Saba Recording Secretary 8 Z r _ � . DATE: TO: FROM: SUBJECT: Request Community Development Department P G DrvTSiorr City of Fridley May 31, 1991 William Burns, City Manager,�' � � � Barbara Dacy, Community Development Director Request to Re-Issue Special Use Permit for a New Tenant, SP #89-08, at 7570 Highway 65 N.E. Samir Awaijane is requesting that use permit, SP #89-08, to allow a N.E. (see attached letter). Background the City Council re-issue special repair garage at 7570 Highway 65 On February 26, 1990, the Fridley City Council approved special use permit, SP #89-08, for Keith's Auto Body, to allow a repair garage subject to seven stipulations. Stipulation #1 stated that the special use permit is limited to Keith's Auto Body, and is not transferrable to another tenant without City Council approval. The petitioner, as of May 29, 1991, has become one of the owners of the partnership which own the site. Keith's Auto Body will not be occupying the tenant space as of June 1, 1991. (Because of the involvement of the new partner, unpaid taxes in the amount of $26,414.85 have now been paid). Stinulations for Approval The City Council may recall that the property had several code requirements, both indoor and outdoor, to be met in order to bring the property into compliance with current code. One of the most important items was to connect the buildings to sanitary sewer (stipulation #3). Both buildings were connected to the sanitary sewer on October 15, 1990, and the SAC charges of $1,200 was paid to the City. Another stipulation required an annual review by staff with a report to the City Council (stipulation #2). Mike Thompson, one of the owners in the partnership, advised me that Keith's Auto Body would no longer be occupying the tenant space and the resulting lack of income was hampering Thompson's ability to meet the other Re-Issue SP #89-08 May 31, 1991 Page 2 stipulations. Awaijane's tenancy and participation in the partnership, however, will help bring the property into compliance. Stipulation #4 required building code improvements as outlined in Darrel Clark's letter of August 30, 1989 to be completed by January 1, 1991. This stipulation has not been met. The new petitioner has stated that the requirements for his building can be met immediately and the remaining building will also be brought into compliance. Stipulation #5 required that the dropped trailers that were stored in front of the building be removed, or a special use permit for exterior storage issued to the property owners. The property owners have removed these dropped trailers from the property. Stipulation #6 required a screened storage area for the vehicles awaiting to be repaired. It was to be completed within one month of the connection to the sanitary sewer. This stipulation has also not been met but again the new tenant has a specific proposal to complete this stipulation. The petitioner has indicated that he would like the ability to have a gravel surface for the wrecked vehicles. The petitioner is concerned that moving the vehicles in and out of this area will cause damage to a bituminous surface. He would also like to use this area for a small detention area. The Engineering Department has advised that the gravel area be six inches to one foot below the bituminous surface in order to promote proper drainage. Given the small size of the storage area and its location on the property, a gravel surface in this area is acceptable: The storage area is also proposed to be screened by an eight foot wood fence. Stipulation #7 required that the parking lot be hardsurfaced, striped, lined with concrete curb, and landscaping installed as per the staff recommended plan by January 1, 1992. The new petitioner indicate that he will comply with this requirement this summer; however, he will be applying for a variance request to reduce the front yard setback from 20 feet to 10 feet in order to allow for more parking area and also to waive the concrete curbing requirement at the rear of the lot to facilitate drainage from the rear portion of the property. The petitioner does not want to install the concrete curbing along the north side of the property to the rear of the easterly building and along the proposed gravel area. We advised the petitioner that the Appeals Commission would have to make a recommendation on these variances before final action by the City Council•. These issues are separate from the special use permit issue. . . Re-Issue SP #89-08 May 31, 1991 Page 3 Analysis The new petitioner understands the requirements of completing the parking lot improvements, constructing the storage fence, and meeting the building code improvements. The petitioner operates an existing auto body repair business at 2555 California Street N.E. Mr. Awaijane also lives in Fridley at 5096 Hughes Avenue N.E. Recommendation Staff recommends that the City Council re-issue special use permit, SP #89-08, to Samir Awaijane with the following stipulations: 1. The special use permit shall be limited to Samir Awaijane, and is not transferrable to another tenant without City Council approval. 2. The special use permit shall be reviewed on an annual basis by staff with a report to the City Council. Should a hearing by the City Council be necessary due to lack of compliance by the petitioner, the item shall be scheduled for City Council consideration as soon as possible. 3. The building code improvements outlined in Darrel Clark's letter of August 30, 1989 shall be completed for the building at the rear of the property by July 15, 1991 and for the remaining building by September 1, 1991. 4. The storage area for the auto body outdoor storage must be screened in compliance with the petitioner's submitted site plan which includes an eight foot wood fence enclosing the storage area. The storage area for the wrecked vehicles may contain a gravel surface. The storage area screening shall be completed by August 1, 1991. 5. The parking lot shall be hardsurfaced, striped, lined with concrete curb, and landscaping installed as per the staff recommended plan by January 1, 1992, unless the City Council, via a variance request, approves an alternate plan. BD/dn M-91-383 . � rsay 3i, i99i Mayor and Councilmembers City of Fridley 6431 University Avenue NE Fridley, MN 55432 Dear Mayor and Councilmembers: I want to take a moment of your time to introduce myself and my family to you. My name is Samir Awaijane. I, along with my wife, Mindy, and our son, Alexander, have lived at 5096 Hughes for the past seven years. We are expecting our second child in early July. We enjoy living in Fridley and plan to do so for a very long time. I am a body shop owner and am currently selling my business located at 2555 California Street NE, Minneapolis. I have become a partner in the 7570 Corporation which owns the property located at that address on Highway 65 in our City. I am in the process of remodeling the back building there and hope to occupy the body shop on July 1, 1991. I am aware of past promises that have not been kept for various reasons with reference to our property at 7570 Highway 65 and want you, the City Council, to know that my partners and I will be bringing this property up to code in a very short time. Yours Truly, /'L^-�-- i�'�'t �� / Z % �� , � Samir Awaijane 9C � i C W � YI J . i � 3 � . � i o� � "� i a � � � �� � � 0. � � h � � �0 0 � � "'-.--� ��q / 9D � s/���� ���� ��Engineenng Sewer Water Parks Streets Maintenance MEMORANDUM TO: Barb Dacy, Community Development Director PW91-156 FROM: Mark A. Winson, Asst. Public Works Director/y�'�% DATE: May 28, 1991 SUBJECT: Grading and Drainage at 7570 Highway 65 I have completed a site visit at the above referenced location to review the proposed plan for new paving and curb and gutter at this site. Generally, the drainage on the east side of the east building will go to the service drive along Highway 65. Drainage in the back portion of the lot appears to travel to the southwest corner of the lot where the proposed body shop will be having their damaged auto storage. Currently, this back section of the lot is gravel and there is not a great deal of runoff. Should the proposed body shop receive a variance to not curb and gutter the southwest corner of the lot and maintain an unpaved (gravel) area in the southwest corner for damaged auto storage, I would recommend that this damaged auto storage area be depressed approximately 6 inches to 1 foot in order to act as a small detention area and allow for some infiltration of rainfall into the ground. This would, to some extent, mitigate the increased runoff that will be generated by paving the rest of the back part of the lot. The drainage from the southwest corner does go on to a currently vacant lot just north of the trailer court. MAw/ts 9E �_.__ • �� � � _ CITYOF FRIDLEY CIVIC CENTER • 6�1� 1 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 CITY COUNCIL ACTION TAKEN NOTICE February 28, 1990 Keith's Auto Body Keith Poppenhagen 7570 Highway 65 N.E. Fridley, MN 55432 Dear Mr. Poppenhagen: On February 26, 1990, the Fridley City Council approved your request for a special use permit, SP #89-08, to allow a repair garage at 7570 Highway 65 N.E., with the following stipulations: 1. The special use permit shall be limited to Keith's Auto Body, and is not transferrable to another tenant without City Council approval. 2. The special use permit shall be reviewed on an annual basis by staff, with a report to the City Council. Should a hearing by the City Council be necessary due to lack of compliance by the petitioner, the item shall be scheduled for City Council consideration as soon as possible. 3. The connection to City sewer shall be completed within four months after provision of the sanitary sewer line to the property. 4. The Building Code improvements outlined in Darrel Clark's letter of August 30, 1989 shall be completed by January 1, 1991. 5. Trailers in front of the building shall be removed by July 1, 1990, or a special use permit for exterior storage must be requested and approved prior to July l, 1990. 6. The storage area for the auto body outdooz storage must be screened by a six foot opaque fence in compliance with the City Code within one month of completion of the sanitary sewer connection work on the property. 9F Keith's Auto Body SUP February 28, 1990 Page 2 7. The parking lot shall be hardsurfaced, striped, lined with concrete curb, and landscaping installed as per the staff recommended plan by January 1, 1992. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sin ely %� , , __ � Ba ra acy � Planning Coordinator ` BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by March 14, 1990. ._� L �L'� � Co ur with action taken. 9G �RZDLEY CITY COIII�ICZL I�EBTZNQ OF �EHRIIARY Z6. 1990 P�GE 7 . . �! 3. KOTION by C cilman Schneider to waive the reading and adopt Ordinanc o. 944 on second readinq and order publication. Sec by Councilwoman Jorqenson. Upon a voice vote, all voting e, Mayor Nee declared the motion carried unanimously. �- • •' �� �� :�+. :.. � � Ms. Dacy, Planning Coordinatcr, stated this property is located at 7570 Hiqhway 65 and zoned M-1. She etated there are two existing buildings on this parcel that contain a variety of industrial uses. Ms. Dacy stated the Council considered this request on Auqust 28, 1989 and tabled action until identification of the fee owner could be established and staff was to work with the petitioner on some code violations. Ms. Dacy stated in working with the petitioner and City Attorney's office, it has been determined that American Trustee Life Company is the owner and they are tryinq to sell the property to a partnership. She stated they have refused to sign this request, however, the City Attorney recommends the City proceed on this special use permit request because of its unique nature. Ms. Dacy stated the Council has authorized the sewer improvement project for this property which was the most significant code violation. Ms. Dacy stated it is recommended the special use permit be approved with seven stipulations which she outlined. Councilman Schneider asked what fmprovements were contained in Darrel Clark's letter of August 30, 1989. Ms. Dacy etated they basically involved handrails and some electrical items. Councilman Schneider asked Mr. Poppenhaqen if he understood all the stipulations. Mr. Poppenhagen stated he wa's not aware of the stipulations for the front of the building. Ms. Dacy stated these were outlined in a letter to Mike Thompson and a copy could be furnished to Mr. Poppenhaqen. 9H �TDL$Y CIT� OOIII�ICZL �LEE'1'Z1�iG OF 1►BBRIIl1R� Z6. 1990 ��G� 8 Mr. Herrick, City Attorney, asked if there are any new developments in the purchase of this property. Mr. Poppenhaqen stated he should know aore this week as they have been waitinq for financing. 8e stated because there was no sewer service, at this time, no one wanted to provide the financing, however, he has approached his bank and should be obtaininq a loan. Mr. Herrick stated the ownership of the property is not critical because the special use permit is qiven to Mr. Poppenhagen as the operator of the business. Mr. Poppenhagen stated if he wished to sell his business, he would like the special use permit to be transferrable. Mr. Herrick stated the procedure would be for a potential buyer to request a transfer and, at that stage, it is reviewed by the Council. He stated a transfer would not automatically occur. Mr. Poppenhagen stated he would feel more aomfortable if something could be added to the effect that the apecial use permit is not transferrable except by approval of the City Council. Councilman Schneider stated he felt this wordinq could be added to the stipulations. MOTION by Councilman Schneider to qrant Special Use Permit, SP �89-08, with the following stipulations: (1) The special use penait shall be limited to Keith's Auto Body, and is not transferable to another tenant without City Council approval; (2) The special use permit shall be reviewed on an annual basis by staff, with a report to the City Council. Should a hearing by the City Council be necessary due to lack of compliance by the petitioner, the item shall be scheduled for City Council consideration as soon as possible; (3) The connection to City sewer shall be completed within four months after provision of the sanitary sewer line to the property; (4) The building code improvements outlined in Darrel Clark's letter of Auqust 30, 1989 shall be completed by January 1, 1991; (5) Trailers in front of the building shall be removed by July 1, 1990, or a special use permit for exterior storage must be requested and approved prior to July 1, 1990; (6) The storage area for the auto body outdoor storage must be screened by a six foot opaque fence in compliance with the City Code within one month of completion of the sanitary sewer connection work on the property; and (7) The parkinq lot shall be hardsurfaced, striped, lined with concrete curb, and landscaping installed as per the etaff recommended plan by January 1, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 91 � _ � DATE: TO: FROM: SUBJECT: Community Development Department G DIVISION City of Fridley May 30, 1991 �,. William Burns, City Manager v��' Barbara Dacy, Community Development Director Darrel Clark, Chief Building Official Letter to Innsbruck Townhome Owners Regarding Fire/Draft Stops At the May 20, 1991 meeting, the City Council requested that an item be placed on the agenda to authorize a letter to be sent to the five remaining Innsbruck townhome owners regarding the number of fire/draft stops within their chimney chases. Attached is the proposed letter. We recommend that the City Council authori2e us to mail it on June 4, 1991. The City Council should also be aware that an article for the Fall Newsletter will be prepared about fireplace safety issues in general, including fire/draft stops and wood burning appliances. We will forward the article to the City Council prior to its publication. BD/dn M-91-369 June 4, 1991 D R A F T L E T T E R According to our records and after a field verification, it has been determined that your townhome has an exterior chimney chase. As you probably know by now, there has been a lot of discussion and code research on how many fire stops are required in exterior chimney chases. In your townhome development there are five, six unit townhouses for a total of 30 units. Each of the five structures have four units with exterior chimney chases for a total of 20 units in all. Our records indicate that 15 of the 20 units have had siding replacement work done on them. During the repair it was determined that most had no fire stops and some had only one. During the repair of 14 of the 15 units, one fire stop was installed at the first floor that the chase passed by. The current interpretation for the number of fire stops for an exterior chase is that one stop must be installed for each floor/ceiling or ceiling that it passes by (this is for a new chase only). We have now adopted a policy that if and when exterior chimney chases are being repaired (opened up and restored) we will strongly recommend that a code complying fire stop be installed for each floor/ceiling that it passes by at the time your chimney is being worked on. These fire stops do not prevent fires, they will however slow the spread of a fire up the chimney chase if one occurs. Building permits are required for work done on chimney chases and your cooperation in this matter will be appreciated. If you or your contractor have any questions with reference to this matter, please feel free to call me at 571-3450. Sincerely, DARREL G. CLARK Chief Building Official 10q MEMORANDUM _ Muniapai Center '_ 6431 University Avenue Northeast Fridley, Minnesota 55432 G7YpF (612) 572-3507 FRlDLF'Y FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager Mamo To: 1lilliam 11. Burns, City Maaaqer :�t •� � ` �l-� From: William C. Huat, l�ssistant to tbe City Manaqer/ `' Btatf Parson for the Charter Commission 8ubject: Public 8earinq for Proposed Amendments to Section 2.05 ot tho Fridley City Cbarter Date: May 24, 1991 At the May 6 meeting of the Fridley City Council a public hearing was set for June 3, 1991 on proposed amendments to Section 2.05 of the Fridley City Charter. Due to a mixup on my part the required notices have not been published. Accordingly, I request that the hearing be rescheduled to the Council meeting of July 22, 1991. I request that you submit this to the Fridley City Council at it's June 3, 1991 meeting for consideration. WCH/ j b oRn=rn�c$ xo . �i ORDINANCE liMENDINa BECTION 2.05 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the followinq section of the Fridley City Charter be amended as follows: Section 2.05. VACANCIES IN THE COUNCIL. 1. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony, of any such person whether before or after his qualification, or by reason of the failure of any councilmember without good cause to perform any of the duties of inembership in the Council for a period of three (3) months. In each such case, the Council shall by resolution declare �us# � vacancy to exist= a� s�r�� e^ �u,._,;�ti. _ Tf a vacancv is declared to occur before Januarv 1 of the fourth �ear of the term of office in westion the Counc� sha call a special election to be held not less than €e�� �;�,� ���1 thirtv (301 days nor more than sixty (60) days from the time such vacancy is declared. _. The Council_ shall - - ,�. __ _..�e.,,. in accordance with Section 4.06. In the case of a special election to fill the vacancy, there shall be no primary election. The candidate receiving the largest number of votes shall be declared the winner. The winner of said election shall be qualified and take office immediately upon certification by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord,) 2. • . }y1�M I � 1f1t'1e v�A �'A��}�}TM 1AA�f`1AYC� If the �8 �rsce: ■ €�i��—�'4T�6a.avv�6 T- - ri. _ � t _ �.. ., .... '1 ., f �-1�► c remainina members of the Council may, within thirtv (30,_ ) davs of the vacancv declaration, by unanimous action, appoint � � � i _ _' � 7 ���ir�wMl� � 1 Y71 CA ��'1A 1wAlMtilAtO'lt���A�'l. ` -' - � 11A discretion of anpointment as needed but no special election shall be called. A councilmember so appointed shall assume office upon appointment �'h�-e�sla�e€ €����;�=•��,aies-�r a�c��n��e�� s�a�� �ae as €e��aws� �����s�� w��� �e �e--��e sea� �i��-t�o—��� �s�a i-r���q te� . �°� '��=wase-��e�w#��s� vasa�s�-�e €��� �a�,a���� (Ref. Special Election 3/25/75, Ord. 776, Ord.„857, Qrd• ��� 3. If at anv time the membership of the Council is reduced to sna11 orcler such an election (Ref. Ord ) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TI�iIS DAY OF , 1991. SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 11B MEMORANDUM _ Muniapal Center '_ 6431 University Avenue Northeast Fridley, Minnesota 55432 ��� (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager A � �. 1�[emo To: 1lilliam w. Burns, City �[anaqer �� ^' ��From: william C. Hunt, 7►ssistant to the City ldanaqer/ �� 8taff Person for the Charter Co�imission suv j ect: Date: Public Haarinq ior Proposed Amendment to Bection 2.03 of the Fridley City Cbarter May 24, 1991 The original City Charter had the following provision relating to ward boundaries in paragraph 7 of Section 2.03: "The boundaries of the three wards shall be redetermined from time to time by ordinances duly adopted by the Council, and based on findings of the Council that the wards as so redetermined are of as near equal size in both population and area as practicable." In 1983 the Fridley City Council passed Ordinance No. 776 which restricted the population of any ward to a one percent deviation from the average of the three wards. The concept of one person, one vote was behind this change. However, the restriction of a one percent deviation was far more rigorous that required by State or Federal law. At its May 20 meetinq the Charter Commission voted to expand that percentage from one percent to three percent. The thinking was that this would allow more leeway for lining up wards and using natural boundaries or easily identifiable streets while still observing restrictions required by state and federal law. Because in the ordinary course of events the minutes of the May 20, 1991 me.ting would not be approved until September 30, 1991, the Charter Commission voted to expedite presentation of this matter to the City Council for consideration. I am attaching a copy of the proposed ordinance amending the Fridley City Charter, and I request that you submit it to the Fridley City Council at its meeting of June 3, 1991 for the purpose of setting a public hearinq on the proposed amendment for July 22, 1991. WCH/jb ORDINANCE NO. ]�i ORDINl�NCE l�MENDING BECTION 2.03.07 OF T88 FRIDLBY CITY CBARTER The City Council of the City of Fridley does hereby ordain as follows: � ' That the following section of the Fridley City Charter be amended as follows: Section 2.03.07 7. The boundaries of the three (3) wards shall be redetermined from time to time by ordinances duly adopted by the Council, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than eRe t re percent (� �$) from the average of the three (3) wards. (Ref. Ord. 776) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 12A Parks Streets Maintenance MEMORANDUM P� . TO: William W. Burns, City Manager .��•'�� PW91-151 FROM: John G. Flora, Public Works Director DATE: May 31, 1991 SUBJECT: Resolution to Approve Additional Expenditures To the Budget and Approve the Transfer of Monies The 1989 Capital Improvement Plan identified the 51st and East River Road intersection and Commerce Lane from 73rd Avenue to Osborne Road projects. These projects were not listed in the 1989 Budget approved by Council resolution. The City portion for Commerce Lane was $91,905.60 and the 51st Way/East River Road intersection was $66,868.54. The sanitary sewer line at 7570 Highway 65 was an addendum to the project with a final cost of $13,018.52. The total of these three projects is $171,792.66 and should be transferred from the 1989 Street Capital Improvement Fund to the 1989 Street Fund (Special Assessment Fund) by the attached resolution. If you need additional information, please let me know. JGF/ts Attachment 13 � ��-- �, . • RESOLIITION NO. - 1991 RESOLIITION AIITHORIZING CHANGES IN APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FIIND AND AIIT80RIZING THE TRANBFER OF FIINDS FROM THE CAPITAL IMPROVEMENT FIIND, STREET DIVISION, TO THE 1989 STREET FIIND WBEREAB, the City of Fridley authorized expenditures for street improvements in the 1989 5-Year Capital Improvement Program, and WBEREAS, the expenditures were not included and approved in the 1989 Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the Budget of the following fund be amended as follows: CAPITAL IMPROVEMENT FIIND PROJECT AREA: STREET �tevenue Aajustments Fund Balance . . . . . . . . . . . . $ 171,792.66 A�propriation Adjustments Capital Outlay . . . . . . . . . . . $ 171,792.66 BE IT FIIRTHER RESOLVED, that the City Council of the City of Fridley authorizes the transfer of funds from the Capital Improvement Fund, Street Division, to the 1989 Street Fund in the amount of $171,792.66. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF JUNE, 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 13A August � a, �� ffi:�7 1989 CAPtTAL IMPROVEMENT PROGRAM COMBINED UST BY YEAR � � -- .�r,nT, �.•., r,r�ic� �..., , � � .��-�.�-R�1T STI�� = AlE-- �'c LAKE POINTE SWALES AND-�EIRS- INIE-- v REROUTE ONAN SANITARY LINE q� REPLACE BROKEN SANITARY LINE ECT- , - BORNE • • ER. c FILTER PLANT CONTROL SYSTEM � , • ERYL-�IR— "' RESER: .._. ..... ,,, ., �.���. - WATER STREETS SEWER STREETS BLDG/LAND STORM WATER PARKS SEWER SEWER SEWER STORM WATER STORM WATER STREETS STREETS WATER WATER WATER WATER WATER �- � ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT GENERAL CAPITAL FUND HRA PARKS SEWER FUND SEWER FUND SEWER FUND STORM WATER UTIL � STORM WATER UTIL STREET FUND STREET FUND WATER UTILITY WATER UTILITY WATER UTIUTY WATER UTILiTY WATER UTILITY GRAND TOTAL FOR 1989 13B 240,000,00 240,000.00 75,000.00 150,000.00 90,000.00 10,000.00 4,000.00 7,000.00 15,000.00 20,000.00 5,000.00 26,000.00 150,000.00 100,000.00 40,000.00 60,000.00 40,000.00 160,000.00 100,000.00 r _ ✓ �,�,� �'� � Ml�1lA7• ..�e�T.,� n� T�1�TLt�RY 22. 1990 PJ1GE 2 �RIDLEY C1z � VvVrb1L .�a�z++s"' "• - . Blohm stated he was a member of the l�ccessibility Project Co ' tee along with Jesse Ellinqworth, Tim Moriarty, Lonnie Ronnin , and Jim Williams. Mr. Blohm stated he wished to recognize the suppor nd assistance received from the City's Human Resources Commission; m ers of the City staff, Bill Hunt, Steve Barq and Mike Reiland; t volunteers; and Medtronic for the cover and binding of this bo et. He extended thanks to all who had contributed their time nd efforts and stated, without this support, the booklet would t have been possible. Mr. Blohm stated Fridley is the city to have such a booklet and it would be distributed to such ces as the library, school districts, Village Green, the hospital, dical clinics, the VFW and American Legion. The Council felt an excellent job was done prepar and thanked Mr. Blohm for presenting it to them. PUBLIC HEARING• this booklet �, � �� l, pUBLIC HEARING ON STREET IMPROVEMENT PROJECT NO ST. 1989-1 � ISANITARY SEWER LINE - 7570 HIGHWAY 6 MOTZON by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:47 p.m. Mr. Flora, Public Works Director, stated this improvement involves the installation of a sanitary sewer line at 7570 Highway 65. He stated a septic tank failed on this property in 1984 and, since that time, the owners have been patching and pumping the sanitary facility to keep it operating. Mr. Flora stated the estimated cost for this improvement is $18,227.50. He stated the property owner would be assessed at the rate of $12.15 per lineal foot for a total of S8,444.25, with the remaining cost borne by the sanitary sewer fund until such time as the property is redeveloped and the cost with interest assessed back to the property. Mr. Flora stated notices were sent to all persons known to be associated with this property and they were advised of the cost of this project. He stated the improvement is necessary to provide proper sanitary sewer facilities. Councilman Schneider asked if all other commercial properties in the area were serviced by sanitary sewers. Mr. Flora answered in the affirmative. No persons in the audience spoke improvement. 13C regarding this proposed ��.� { �RIDLEY CITY COIII�ICZL I�ELTIIdG OF J71NII!►RY 22. 1990 P71GE 6 . AWARD BID FOR OPTICAL SCAN VOTING EOUIPMENT: Mr. ribyl, Finance Director, stated staff appreciated the Counci 's support for the optical scan voting equipment. He stated it appe s that, without the County's support, Coon Rapids and Blaine ma not be in favor of proceeding with the purchase of this equipment. e stated it is hoped that the County would make a decision in e next several days whether they will or will not participate. Mr. Pribyl requeste the Council optical scan voting ipment at upon a commitment from he other MOTION by Councilman Fitzp rick optical scan voting equipme , Agreement and participation Seconded by Councilwoman Jorqens consider a motion to purchase the the low bid of $5,270 contingent cities and Anoka County. to authorize the purchase of the contingent upon the Joint Powers other cities and Anoka County. Councilman Schneider stated he is an employee of Unisys who submitted the bid for the equipment a, therefore, would abstain from voting on the motion. UPON A VOICE VOTE TAKEN ON THE ABOV MOTION, Councilman Fitzpatrick, Councilwoman Jorgenson, Councilm Billings and Mayor Nee voted in favor of the motion. Councilman neider abstained from voting on the motion. Mayor Nee declared th motion carried. 11. MOTION by Councilman Schneider to adopt Resoluticn No. 7- 90. Seconded by Councilwoman Jorgenson. Upon a voice vote, all vot' c aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 8-1990 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING COMPLETION OF STREET IMPROVEMENT PROJECT NO. ST. 1989 - 1(SANITARY SEWER LINE): MOTION by Councilman Schneider to adopt Resolution No. 8-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. 0 MOTION by Councilman Schn ' Street Improvement Project No. $18,227.50 for installation o 7570 Highway 65. Seconded by vote, all voting aye, Mayor unanimously. 0 to authorize Change Order No. 2 for 1989 - 1& 2 in the amount of f a san sewer line to service Councilman B s. Upon a voice Nee declared the 'on carried 13D Engineenng Sewer Water Parks Streets Maintenance MEMORANDUM �� TO: William W. Burns Cit Mana er,^ ',''s � Y q a� PW91-145 FROM: John G. Flora V Public Works Director DATE: May 30, 1991 SUBJECT: 6 Cities WMO Joint Powers Agreement Based upon the 1990 Legislation, the 509 Law which established the Watershed Management Organizations was amended mandating certain changes be accomplished. In reviewing the Joint Powers Agreement that established the 6 Cities WMO, there were a number of items that require updating in order to be in compliance with the new statute. At the meeting of the WMO on May 16, 1991, they passed a resolution requesting each of the cities accept the mandated changes. The changes are underlined, added or slashed as deleted items on the attached Joint Powers Agreement. The changes include section references, vacancy appointment procedure, consultant retention notices, and majority of 2/3 of decisions. I recommend the City Council receive these changes and approve the suggested resolution so that the WMO may continue to operate under the state mandates and the Joint Powers Agreement. JGF/ts 14 , •, � • RESOLIITION NO. - 1991 RESOLDTION ADOPTING THE AMBNDED JOINT POWERS AQREEMENT FOR 6-CITIES WATERSHED MANAQEMENT ORGANIBATION WHEREAS, the Minnesota Legislature extensively amended legislation during the 1990 legislative session relating to Watershed Management Organizations; and WHEREAS, said legislation requires an amendment to the Joint Pawers Agreement creating the 6-Cities Watershed Management Organization; and WHEREAS, 6-Cities Watershed Management Organization has caused its staff to prepare proposed revisions to the Joint Powers Agreement to bring it into compliance with the statutory changes; and WHEREAS, the City of Fridley's staff has reviewed these proposed changes and recommend their approval. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Mayor and the City Clerk are authorized to and directed to execute the Amended Joint Powers Agreement as previously submitted. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 14A : : �r..aoo aleine �Y22t9�1 - �s-9m Cohimbia He�ghts � �s-�seo Cmn Itepids 671-��60 • F��e'Y i71-�3 I�lu T� ft�5 �-...o„ � � � wtater�l�erd . .�._._...�.... w.,......._��.._�.. _.�..._. _. w.�.�....�.�.^.�..� ..........�.. _ ...... _.._.� . _....�._.�.._._�..___.........._.. .......M......�._,.._�.._.�__ r._...��.��....�.� ^ 4_. . . ._ ___..� ..._.., .,, ..�........_......_w _. _..._.�. �.�...__........ .._. .. .�,�..�.._ _ .... _ . ..._ . . . _ ..w.,....4.�........�.... .�w_.....�...�.......�... 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"�u.d ° �e: �c`�e.�tt��"i�a�ictx� �►f �r ��s�x�.ty . �........,.....��....___.�. _� w..,...�. �. :decisaon �.�.� _,.�.�.... � _.._�.�..�.� , . . :.�. .. ��...........�,..,..,..�.�,.�,,....�,.,...�...�..,.,...�..�.,.. . v . ,�.,. ,.:,..: ��.;,__a__.�..� �.. . ,;::�;; . .� .� �. , . � �.,. �....�..�.�. :�� -��� :3tad '�� :����z�xo��:�%���a���e� -�gr�p"�e �� �r��#sa:k� -:.am�sucfinents to ;�e �acri�.�so�e�rs �e�.�and� b�r t�i-gaiii.xa�:�,:x��i.on ..... _ ,v, �� �.�4����� �. ., .. � �� .� '� ��`�e-- �t��-t�C� �� �s� •� aat ,. er : �i�3:�s fic3. a�pr�,*e� ��iye� ��nsa�d�.e�t�a ::.�r �ss�Q1,.��ion : x��e #; � o � _�1.�, �ie �o1�t��oiis, .an a�endsi� :�co�y .�;� : f�re �r�irit .� � emerrt °��.�� � ��s���fi�� �`��` �rss���i��t��e '�'� 3� y.�ou .�rav+a ��,r .x�est�� �.isa�e coata�c� �u= re�resen�a�.�re �r � ������ � . - .. .�.7� "`3� . _. ����� , �„!,� "� -- .. �� ��:'.�'��r�-z.�µ..,� ` �M: ��.� .�:�� ..,. �.. �., .. �.. _.,... .. . _ ... ... � �. J. ... ..._........�,..�.,..........�..�.....,.....�....�.................__ .....w.�.�.M .� �..�v�......_ � ..,_.a....��,_ _....... ��N �'�` .�. �-�-�-�-----'�---•�--- �_� _. , .. ,..�. , .... ��� . ��:;=.� � s � � RESOLUTION - 1991-1 WAEREAS, said Legislation requires an amendment to the Joint Powers Agreement creating 6-Cities Watershed Manag ement Organization; and �. WHEREAS, 6-Cities Watershed Management Organization ha's caused its staff to prepare proposed revisions to the Joint Powers Agreement to bring it into compliance with the statutory changes; and NOW THEREFORE, BE IT RESOLVED by the Members of the 6-Cities Watershed Management Organization that the proposed Joint Powers Agreement be and the same hereby is approved and that the members recommend each of the member cities adopt this Amended Joint Powers Agreement in its present form. Adopted by the Six Cities Watershed Management Organization the f�_/r day of �, 1991. Attest: / � . � I.��. _� ' �LL.L� Recording Secretary 14C cooperatively develo� a Water'shed Management Flan and a Capital Improvement Program for the purposes of preserving and using natural water storage and retention systems in order to (a) reduce to the greatest practical extent the public capital expenditures necessary to.�control excessive volumes and rates of runoff; (b) improve water quality; (c} prevent flooding and erosion from surface flows; (d) promote groundwater recharge; (e) protect and enhance fish and wildlife habitat and water recreationsl facilities; and (f) secure the other benefits associated with the proper management of surface water. 1.2 Definitions: The following terms and words are defined for use in this Agreement: (a) City - a municipality which enters into this Agreement. (b) Governing body - the elected officials of the City entering into this AgzEement. (c) Improvement - construction projects which are either designed or affect the surface water flow and/or quality. (d) Member - representative of a city appointed in accordance with. this agreement to serve in the organization. (e) Party - a city which executes and enters into this Agreement. (f) Shsll - is mandatory and not directory. -2- 14E SECTIO� II SIX CITIES WATERSHED MANAGEMENT ORGANIZATION 2.1 Establishment: (a) There is hereby established the "Six Cities Watershed Management Organization" whose membership shall be appointed in accordance witr the provisions of this section and whose duties shall be to carry out the purposes contained herein. (b) The Six Cities Watershed Management Organization shall be the parent organization for the six subdistricts identified as Coon Rapids West which includes Coon Rapids; Pleasure Creek including Blaine an� Coon Rapid s; Spring Brook Creek including Blaine, Coon Rapids, Fridley and Spring Lake Park; Stonybrook Creek including Fridiey and Spring Lake Park; Oak Glen Creek including Fridley and Spring Lake Park; and CFH South including Columbia Heights, Fridley anc Hilltog as identified in Exhitit "A" •(c} The Grganization shall notify the Board of Water and Soil Resources of inember apFointments and vaconcies in member positions within thirty (3Q) days The governing body of each party shall fill vacant po�itions by 90 days after the vacanc occurs. (c) The governing body of each party shall Fublish s notice of vacancies resulting from exFirstion of inembers' terms and other reasons. The notices must be published at least once in a newspaper of general circulation in the Watershed Manage��ent -3- 14F Or54nization ares. The notices must state that persons interested in being ap inted to serve on the Watershed Management Organization may submit their names to the governing body of each party for consideration. Published notice of the vacancy must be given at least fifteen (15) d'ayS before an appointment or reappointment is made. (e) The governing body of each party may remove appointed members of the Watershed Management Organization for just cause. The Board of Water and Soil Resources shall adopt rules prescribing standards and proced ures for removing members of Watershed Management Orgnaization Boards for just cause. (f) The Six Cities Watershed Management Organization, hereinafter referred to as the "Organization", shall be constituted as described in Section 2.2. 2.2 Membership ApFointment: (a) The governing body of each party to this Ayreement shall appoint one representative to serve as a member of the Organization. Each member shall have one vote. Membership in or representatives to the Organization shall be evidenced by resolution of the governing body of each party, filed with the Organization. (b) The appointed member of the Organization sha�l also be the designated member to the appropriate subdistrict. 2.3 Alternate Members: One alternate member to the Organization shall be appointed by appropriate resolution of the -4- 14G � governinc; boc;y of each party to this Agreement and filed with the Organization. The alternate may attenc3 any meeting of the Organization and, where the regular mEmber is absent, vote on behalf of the party the member represents. If an Organization member is also an officer of the organization, the alternate shall not be entitled to serve as such officer. 2.4 Term: The members of the Crganization shall not have a fixed term but shall serve at the pleasure of the governing body of the party appointing such member to the Organization. 2.5 Vacancies: A vacancy in the Organization shall be filled by the governing body of the party whose membership pcsition in the Org�nization is vacant. 2.6 Compensation and Expenses: The Grganization members shall not be entitled to compensation or reimbursement for exgenses incurred in attending meetings, except to the extent that the governing body of a party might determine to compensate or reimburse the expenses of the menber it appoints, in which case the obligation to make such payments shall be that of the party and not that of the Crganization. 2.7 Officers: The organization shall elect from its membership a chair, a vice-chair, a secretary and a treasurer and such other officers as it dee��s necessary to reasonably carry out the purposes of this Agreement. All such officers shall hold office for a term of one year and until their successors have been elected and qualified by the Organization. -5- 14H An officer may serve only while a member of tre Organizat:on and may be re-elected to an office. A vacancy in an office 'shall be filled from the membership of the Orgsnization by election for the remainder of the unexpired term of such office. 2.8 uorum: A majority of all voting members to the Organization shall constitute a quorum, but less than a quorum may adjourn a scheduled meeting. 2.9 Meetings: Reg ul�r meetinqs of the Organization shall - be established by the Organization. Special meetings may be held at the call of the chaiz or by any two members giving not less than forty-eight (48) hours written notice of the time, place and purpose of such meeting delivered or mailed to the residence of each Organization member. Al1 meetings of the Organization aze subject to Minnesota Statutes Section 471.705 and shall be conducted in accordance with Roberts Rules of OrCer. 2.10 Org�nization Office: The office of the Organization shall be determined by the Organization on an annual basis. All notices to the Organization shall be deliverea or served at said office. SECTION III POWERS AND DUTIES 3.1 Upon execution of this Agreement by the parties, the Organization shall have the authority as follows: -6- 141 A. The authority to prepare ana adopt a Water'shed Management Plan meeting the requirements of Minnesota Statutes Section �����7� 103B.231. B. The authority to review and approve local.water management plans.�as provided in Minnesota Statutes Section �7���yg 103B.235. C. The authority of a Watershed District under Minnesota Statutes, Chapter XXZ 103D, to initiate and comFlete capital improvement projects and regulate the use and development of the land when issues cannot be resolved at the subdistrict level. D. Other powers necessary to exercise the authority under clauses A through C including the power to enter into controcts for the perfornance of functions witr, governmental units or persons. 3.2 Subdistricts: (a) Each member of a subdistrict shsll advise the other members within the subdistrict of any changes to the Local Watershed I�ianagement Plan or changes in land use or zoning involving more than one acre. Responses will be submitted within ten (14i) days. Failure to respond shsll imply approval. (b) The members of the subdistricts shall attempt to resolve any disputes involving the Watershed Management Plan. If the issue cannot be resolved, it will be presented to the Organization for decision in accordance with the provi'sions of Section 3.6 of this Agreement. -7- 14J (ci Dis�uted changes invoiving woter'shed management is'sue's shall not be consummated until the dispute is resolved. 3.3 Employr�ent: The Oryanization may contract for services, may utilize existing staff of the parties, and may employ such otY,er persons.as it deems necessary. The Organization shall at least every two years solicit interest proposals for legal, professional, or technical consultant services before retaining the services of an attorney or consultant or extending an Annual Services Agreement as provided b Ninnesota Statutes Section 103B.227, Subd. 5. Where staff services of a party are utilized, such services shall not red uce the financial com�:itment of such �arty to the operating fund of the Organization. Where the utilization of staff services is substantial, such services shall reduce the financial commitment of such party when the Organization so authorizes. 3.4 Committees: The Organization may appoint such committees and sub-committees as it deems necessary. 3.5 Rules and Regulations: The Organization may prescribe and promulgate such rules and regulations as it deems necessar� or exFedient to carry out its duties and the purposes of this Agreement. 3.6 Review and Recommendations: (a) Where the Organization is authorized or requested to review, make recommendations, and/or resolve on any matter, the Organization , shall act on such matter within seventy (76) days of receipt of -8- 14K � the matter referred, unlESS the Organization requests and receives from the referring party an extension of time to act on the matter referred. If the matter involves works of improvement projects, the Organization may establish a time limit for resoiution to aliow for appropriate engineering review and analysis. (t) Where the Organization makes recommendations or decisions on any matter to a party, the governing body of a party choosing not to act in accordance wiLh such recommendations or decisions shall submit a written statement of its reasons for doing otherwise to the Organization within twenty-one (21) days of the Organization's action. The Organization shall review the written statement and affirm or modify its recommendations or decisions within twenty-one (21) days after receipt of the written statement. (c) The decisions of the Organization shall be determined by a �E,i�6�f���E��S�/,(�/��CK�y two-thirds (2/3rds) vote. 3.7 Financial Matters: Subdivision 1- Method of Operation: (a) The Organization may tax and receive money, in equivalency thereof, from the parties in accordance with Minnesota Statutes Sections l�7�,l�7S 1038.265 to �y�,l��� 103B.2��, at the discretion of the psrties and said funds shall be due and payable on the date thot taxes would normally be received by the Organization. -9- 14L (�) The Organization m�y ap�ly for and receive funcs from any other source it may approve. (c) The Organization msy incur expenses and make expenditures and disbursements necessary and incidental to the effectuation of the purposes of this Agreement. Funds may be expended by the Organization in accordance with procedures established herein. (d) Orders, checks and drafts shall be signed by the chair or vice-chair and the treasurer. Other legal instruments shall be exec uted on behalf of the Organization by the chair and secretary. Subdivision 2 - Operating Funds: On or before �ugust lst of each year, the Organization shali prepare an operating budget for the following year for the purpose of providing funds to opeLate the Organization's business. Annual administrative expenses shall be budgeted and borne by each party in proportion to its current assesse� valuation under the jurisdiction of the Organization as compared to the assessed valuation of all property under the jurisdiction of the Organization. The budget shall be recommended to the parties for ratification only upon two-thirds approval of all voting members of the Crganization. After approval by two-thirds of the parties, the Secretary shall certify the recommended budget to the County Assessor on or before September lst of each year. The Org anization shall receive the amount owing through taxes unless a city requests separate billing, -10- �Q ��i wherEby the Organization shal� notify the County A'sse's'sor of this change and obtain payment in two equal installments; the first on or before January lst and the second on or before Ju�y lst in accordance with the tax year for which the amount due is being paid. .� Subdivision 3- Cost for Review Services: (a) When the Organization is authorized or requested to undertake a review, submit recommendations to a party or resolve an issue as provided in this Agreement, the Organization shall conduct such review, without charge, except as provided below. (b) Where the project size and comglexity of review are deemed by the Organization to be extraordinary and substantial, the Organization may charge a fee for such review services, tr,e amount to be based upon direct and indirect costs attributable to that portion of review services determined by the Organization to be extraordinary and substantial. Where the Organization determines that a fee will be chazge for extraordinary and substantial review services, the party to be charged sh411 receive written notice from the Organization of the serv ices to be per formed and the fee there for , pr ior to undertaking such review services. (c) Unless the party to be charged objects within twenty-one (2�) days of receipt of such written notice to the amount of the fee to be charged, such review services shall be performed and the party shsll be responsible for the cost thereof. If the party to be charged objects to the proposed fee for such services within twenty-one (21) aays and if the party -11- 14N and the Organization are unable to agree on a reasonable alternative amount for review services, such extraordinary and substantial review services shall not be undertaken by the Organi zation . 3.8 Annual Accounts: .The Crganization shall make full and complete financial accounting and report to each party annually. All of its books, reports and records 'shall be available for and open to examination by any party at all reasonable times. 3.9 Gifts, Grants, Loans: The Org anization may, witrin the scope of this agreement, accept gifts, apply for and use grants or loans of money or other property from the United States, the State of Minnesota, a unit of government or other governmental unit or organization, or any person or entity for the purposes described herein; may enter into any reasonable agreement required in connection therewitr,; shail comply with any laws or regulations applicable thereto; and shall hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. 3.10 Contracts: The Organization may make such contracts and enter into any such agreements as it deems necessary to make effective any power granted to it by this Agreement. Every contract for the purchase or sale of inerchandise, materials or equipment by thE Organization shall be let in accordance with the Uniform Municipal Contracting Law, Minnesota Statutes Section 471.345 and the Joint Exercise of Power Statute, -12- 14p Minnesota Statutes, Section 471.59. No men�her or employee of the Organization or Officer or employee of any of the parties shall be directly or indirectly interested in any contract made by the Organization.. . 3.11 Works of Improvement: (a) All caFital improvement projects affecting the adopted Watershed �ianagement Plan shall be reviewed by the Organization to insure they are not in conflict with the Plan. The Organization shall act on said projects within seventy (70) days. (b) Projects for protection and management of the natural resources of the Watershed Management Area, including but not limited to, improvements to property, land acquisition, easements or rights-of-way, m�y be initiated by: (1) Subdistricts in which the improvement is located; or (2) Recommenc�ation of the Organization to a party or parties; or (3) Petition to the Organization by the governing body of a party or parties. (ci When projects are recommended by the subdistrict, the parties involved with each subdistrict shall endeavor to develop and agree on any projects including the extent of the project and the f inanc ing . (�) If agreement is reached, one or the other of the parties shall design and cause such work to be done and -I3- 14P certify said co'st's to the Organization for certification to the County and/or billing to the parties including engineering costs, if so agreed upon. (2) If agreement cannot be arrived at amongst the subdistrict parties, said project may be appealed to the Organization for resolve in accordance with the provisions of Sec tion 3.6 of this Agreement. (d) When projects are recommended by the Organization, and it determines that the benEfits from the improvement will be local, or not affect properties outside the boundaries of the ' party in which the improvement is to be established, the Organization shall recommend such improvement to the party which the Organization determines will be benefited thereby, with the total estimated cost of the improvement and a description of the benefits to be reslized by said party. (e) When projects are recommended by the Organization, and it determines that benefits from the improvement will be subdistrict wide or realized beyond the boundaries of the party in which the improvement is to be established, the Organization shall recommend such improvement to each party which the Organization determines will be benefitea thereby. The recommendation of the Organization shall include the total estimated cost of the improvement, a description of the extent of the benefits to be realized by each party and the portion of -14- 14Q the cost to be borne by each party in accordance with the extent of the benefit to each party as described by the Organization. (1) Each party to whom the Organization submit's such recommendation shall respond within twenty-one (21) days from receipt.of such recom�endation. (2) All parties to whom such recommendations are directed shall ratify and undertake said improvement, or the Organization shall resolve the issues in accordance with the provisions of Section 3.6 of this Agreement. (f} When projects are initiated by the governing body of a party or parties to this Agreement, said party or parties shall submit a petition to the Organization setting forth a descrigtion of the proposed project, the benefits to be realized by said improvement, its total estimated cost and a pro�osed cooperative method for implementation of the improvement, if aFplicable. The Organization shall review and make recommendations on the proposed improvement and its compliance with the Organization's management plan in accordance with the provisions of Section 3.6 of this Agreement. (g) When a proposed improvement may be eligible for federal or state funds as a cost-shared project, the Organization may apply f� r said funds subject to the Organization's ratificotion by ���d�f�,��f�}f� two-thirds (2/3rds) of the members. (See Minnesota Statute, Section 103B.211(1)(C).) -15- 14R (h) The Crganization is further authorized to undertake experimental improvement projects within the Area to serve as a bdsis for evaluation of other improvements by the parties. When the Organization determines to undertake an experimental improvement project, it shall follow the procedure outlined in Section 3.11 (e) . 3.12 Maintenance of Im�,rovements: (a) The Organization sholl levy taxes for the maintenance of facilities within the jurisdiction of one of the parties upon request of the governing body of said party. In addition, upon agreement by the parties within a subdistrict, in any manner agreed upon by said parties, the Organization shall levy taxes within the subdistrict as requested by the parties. (b) This Agreement shall not preclude any subdistrict's members from entering into Joint Powers Agreements for operation, maintenance, or improvements within the subdistrict to the extent they do not conflict with rules, regulations, and the cagital improvement plan of the Organization. Such agreements shall not require approval of the Organization. 3.13 Insurance: The Commission may purchase property and public liability insurance as it deems necessary. 3.14 General: The Organization may take all such other actions as are reasonably necessary and convenient to carry out the purposes of this Agreement. -16- 14S SECTIOh IV ARBITRATION 4.1 The parties to this Joint Powers Agreement agree that any controversy that cannot be resolved between the parties and the Organization through the review and recommendation procedures outlined herein shall be submitted to binding Arbitration. The Uniform Arbitration Act (Minnesota Statutes Sections 572.08 - 572.30) is adopted by the Organization as the authority to be fo�lowed in submitting ali controversies to Arbitration. The result of the Arbitration shall be binding on the Farties and the Organization. Arbitration shall be by a panel of three arbitrators. The parties and the Organization shall each select one arbitrator to represent its position in the controversy. The two arbitrators shall then select a third arbitrator, and in the event they are unable to agree on a third arbitrator, either side may petition the District Court to appoint a third arbitrator. Thereafter, Arbitration shall proceed as outlined in the Uniform Arbitration Act. SECTION V TERMINATION OF AGREEMENT 5.1 This Agreement may be terminated by a�proval of two-thirds vote of the governing bodies of each party hereto, provided that all such approvals occur within a ninety (96) day per iod . -17- 14T SECTION VI DISSOLQTION OF ORGANIZATION 6.1 Upon dissolution, all personal property of the Organization shall be sold and the proceeds thereof, together with monies on hand after�payment of all obligations, shall be distributed to the parties. Such distribution of Organization proceeds and monies on hand shall be made in proportion to the total monetary contributions to the Organization made by each garty. All payments due and owing for operating costs under Section 3.7, Subdivision 2, or other unfulfilled financial obligations, shall continue to be the lawful obiigation of the par t ies . SECTION VII AMENDMENT 7.1 The Organization may recommend changes�in and amendments to this Agreement to the governing bodies of the parties. Amendments shall be adoFted by a two- thirds (2/3rdsi vote of the governing bodies of each party within ninety (90) days of referral. Amendments shall be evidenced by appropriate resoZution of the governing bodies of each party filed with the prganization and shall, if no effective date is contained in the amendment, become effective as of the date all such filings have been completed . -18- 14U SECTION VIII AGREEMENT 8.1 IN WITNESS WAEREOF, the parties hereto have executed this Agreement as of the day of complete execution hereof by the parties. SEAL Dated: S EA L Dated: S EA L Dated: S EA L Dated: SEAL Da t ed : SEAL Da ted : CITY OF BLAINE By Mayor By City Manager CITY OF COLUMBIA HEIGHTS By Mayor By City Manager C ITY OF COON RAPI DS By Mayor By City Manager CITY OF FRIDLEY By Mayor By City Manager CITY OF HILLTOP By � Mayor By City Clerk CITY OF SPRING LARE PARR By .. Mayor By City Cler k -19- 14V � _ G1YOF FRIDLEY MEMORANDUM Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 � (612) 571-3450 Office of the City Manager William W. Burns TO: The Honorable Mayor and City Council - , �. , FROM: William W. Burns, City Manaqer �, �1'' � DATE: May 30, 1991 BIIBJECT: Resolution Supporting Alternative Funding for State Aid Programs I have prepared the attached resolution as our City's response to the letter sent by Dan Erhart, Chairman of the Anoka County Board of Commissioners. Although we dislike the prospect of sharing responsibility for the 1/2G local option sales tax, it would appear that our options are very limited. We received a copy of the League of Minnesota Cities bulletin dated May 24, 1991, that provides an additional explanation of what happened during the 1991 legislative session. Additionally, I asked Sharon Fetting to recap the major provisions of the tax bill as it relates to State local government aid (LGA) and HACA assistance. A copy of her memorandum is attached. I recommend your approval of the resolution. WWB:rsc Attachments 15 REBOLIITION NO. - 1991 R$80LIITIO�i ENDORSINQ l�LTBRNATIVB FIINDZWG FOR BTATB 71ID PROaRAMB WIiEREAS, the Leqislature of the State of Minnesota has chosen to create a Local Goverivaent Trust Fund; and ' WHEREAS, the Local Goverriment Trust Fund is to be supported from the proceeds of the State sales tax; and WHEREAS, the State Legislature has determined that neither county nor city governments may benefit from the money that is in the Local Government Trust Fund unless counties choose to adopt a one- half cent local option sales tax by July 1, 1992; and WHEREAS, without participating in the Local Government Trust Fund, county and city governments will lose millions of dollars in sales tax revenue; and WHEREAS, county and city qovernments could be forced by these coercive circumstances to replace lost trust fund revenues with property taxes; and WHEREAS, failure to approve the one-half cent local option sales tax will result in the redistribution of a large portion of Anoka County's sales taxes to other counties; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley supports the approval of the one-half cent local option sales tax by the Anoka County Commissioners at their meeting on June 11, 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 15A FINANCE DEPARTMENT � MEMORANDUM ��. TO: WILLIAM W. BIIRNS, CITY MANAGER �. FROM: RICHARD D. PRIBYL, FINANCE DIRECI'OR SHARON FETTING, STAFF ACCOUNTANT SIIBJECT: OVERVIEW OF 1991 STATE TAX BILL DATE: May 30, 1991 Following is a brief overview of the impact the tax bill passed by the Minnesota State Legislature will have on the City of Fridley. Although a number of details are not yet clear, we have a general understanding of some of the major components. As you are aware, each County has the "option" of initiating an additional 1/2 cent sales tax. This 1/2 cent plus 1 and 1/2 cents of the current sales tax would then be deposited in a newly created Local Government Trust Fund. This Fund will provide funding for the Local Government Aid (LGA) and Homestead and Agriculture Credit Aid (HACA) programs. Should the County decide not to approve the additional sales tax and the Cities within the County not override this decision, all local governments would then lose all of their aids. This would amount to approximately $2,300,000 for the City of Fridley, which would have to be made up for with expenditure cuts or additional property taxes. By the way, the sales tax would still remain at 6�. As far as LGA cuts are concerned, in 1991 we will lose approximately $233,000 as outlined below. 1991 Certified LGA $1,743,090 July 1991 payment cut 130,450 December 1991 payment cut 102.254 Total 1991 LGA . 1,520,386 1992 estimated LGA reductions for the City of Fridley are approximately $255,635. Levy limits for 1992 will remain at the 1991 level with no allowable increase for inflation or population/household growth. According to a coversation we had with Roger Peterson of the ANII�I, local governments are allowed to levy for the 1991 LGA cuts and the 1992 cuts should they chose to. 15B OVERVIEW OF 1991 STAT$ TA% BILL May 30, 1991 Page 2 The 1991 Legislature also made changes in the class rates for some property classes. The Commercial/Industrial class rate for property over $100, 000 changed from 4. 95� for taxes payable in 1991 to 4.75� for 1992. For homesteaded property, the first tier which is taxed at 1�, changed from a maximum value of $68, 000 to $72, 000. The maximum value for the second tier, which is taxed at 2�, changed from $110,000 to $115,000. For homes valued over $115,000 the taxable percentage was reduced to 2.5� from 3�. As we understand it, HACA is to compensate local governments for these reductions in taxable value. Other issues still unclear are how the growth in sales tax will be distributed. Also, the 1991 Legislature created a new committee, the Advisory Commission on Intergovernmental Relations, which will be studying the distribution formulas for LGA and HACA and may make recommendations to the 1992 Legislature on changes in the formulas. 15C 16 17 � � FOR CONCURRENCE BY THE CITY COUNCIL F�tl'pL�.�Y June 3, 1991 Type of License: By_ REFUSE HAULER Johnson Sanitation LeRoy A. Johnson Jr. 125 Bunker Lk.Blvd. N.W. Anoka, MN 55304 � SOLICITOR(Interstate Commerce) Ticoa Corp. Geoff Johnson 11230 W. Ave. #105 San Antenio TX 78213 SOLICITOR(Transient Merchant) Northstar Studebaker Car Clubs 2845 Joppa Ave. So. St.Louis Pk.,MN 55416 SOLICITOR(Charitable) MN ACORN Sharon Rubin 757 Raymond Ave. #220 St.Paul, MN 55114 TEPIPORARY ON SALE BEER Fridley J.C's A1 Lauer 49er's Days 5731 - 7th St.N.E. Fridley, MN 55432 �$ Approved By: LICBNSEB James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director Fees: $60.00 Exempt $60.00 Exempt Exempt Duda, Leon Plumbing Services 208 - 17th Ave N Hopkins, i�i 55343 Leon Duda Krumholz Company 3107 Lyndale Ave N Minneapolis MN 55411 Surma, Frank Plumbing 1136 Rockstone LN New Brighton, l�T 55112 Key-Tec Services 22740 Heather Ridge Dr Rogers, l�i 55374 Harley Oelschlaqer Frank Surma David Farr Surge Water Conditioninq (WATER CONDITIONING ONLY) 702 E Excelsior Ave Hopkins, MN 55343 Gary Capone SIGN ERECTOR Juleen Designs Inc 4137 1/2 Woodland Rd Lexington MN 55014 Crosstown Sign 10166 Central Ave Blaine l�t 55434 GBNERAI COI�1'1'R1�iCTOR Otto R Wuellner 3150 Georgia Ave N Crystal, MN 55428 Rick Juleen Robyn Wandschneider Otto Wuellner . Same Same Same Same Same DARREL CLARK Chief Bldg Ofcl Same DARREL CLARK Chief Bldg Ofcl APPROVED BY R.H. L�RSON, FIRE PROTEC � 08N� UREAU/HOUSING INSPECTOR � � FOR CONCIIRRENCB BY TH$ CITY COIINCIL BBTIMATEB �m,� JIINE 3, 1991 FRIDLEY Herrick & Newman . 205 Fridley Plaza Office Building 6401 University Avenue N..E. Fridley, I�1 55432 Services Rendered as City Attorney for the Month of May, 1991 . . . . . . . . . . . $ Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, I�IIJ 55432 Services Rendered as City Prosecutinq Attorney for the Month of April, 1991 HNTB 6700 France Avenue South Minneapolis, NIlJ 55435 1,928.66 . . . . . $ 9,861.00 1. .5 MG Water Tank Paintinq/Altitude Valve and Vault Installation Project No. 212 Partial Estimate . . . . . . . . . . . . . $ 11,512.50 2. Well No. 12 & Booster Station Improvement Project No. 216 Partial Estimate . . . . . . . . . . . . . $ 2,995.30 19