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10/21/1991 - 5112� anror wo�� FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Monday, October 21, 1991 7:30 P.M. LEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM RINT NAME (CLEARLY) ADDRESS NUMBER ' GNOF FRIDLEY PLEDGE OF ALLEGIANCE: APPROVAL OF MINIITES: FRIDLEY CITY COIINCIL OCTOBER 21, 1991 City Council Meeting of October 7, 1991 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of items not on agenda - 15 minutes) STATE LEGISLATIVE IIPDATE: Senator pon Frank PUBLIC HEARING: r�mendment to the Zoning Ordinance -� t� Change the Definition of a _. Kennel . . . . . . . . . . . . . . . . . . . . . . . . 1 - 1L A FRIDLEY CITY COIINCIL MEETING OF OCTOBER 21, 1991 Page 2 PIIBLIC BEARING (CONTINOED): Public Hearing for a Rezoning Request, ZOA #91-02, by Thomas Brickner to Rezone from C-1, Local Business, and C-2, General Business, to R-3, General Multiple Dwelling, on Lot 2 and the Southerly 399 Feet of Lot 3, Auditor's Subdivision No. 88, to Allow the Construction of an Apartment Building, Generally Located at 6450 Central Avenue N.E. . . . . . . . . . . 2 - 2RR Assessment for Street Improvement Project No. STREET 1990 - 3 . . . . . . . . . . . . . . 3 - 3B Assessment for Water, Sanitary Sewer & Storm Sewer Project No. 210 . . . . . . . . . . . . . . . . . . . . . . . . 4 - 4B Assessment for Treatment and Removal of Trees 1991 . . . . . . . . . . . . . . . . . 5 - 5B � i FRIDLEY CITY COIINCIL MEETING OF OCTOBER 21, 1991 Page 3 OLD BUSINE88: Receive an Item from the Appeals Commission Meeting of September 17, 1991 (Tabled 10/07/91) : . . . . . . . . . . . . . . . . 6 - 6M A. Variance Request, VAR #91-29, by Kenneth Speltz and Rich Kleinow, Skyline Veterinary Hospital, to Reduce the Required Front Yard Setback from 80 Feet to 48 Feet to Al1ow the Construction of an Addition on Lot 2, Block 1, Herwal Second Addition, the Same Being 6220 Highway 65 N.E. Resolution Renaming Viron Road to Highway 65 East Service Drive (Tabled 10/07/91) . . . . . . . . . . . . . . . . . . 7 - 7F NEW BIISINESS: Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to the Lion's Club of Fridley (Maple Lanes, 6310 Highway 65) . . . . . . . . . . . . 8 - 8C Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to the Lion's Club of Fridley � (Ropers Lounge and Restaurant, 3720 East River Road) . . . . . . . . . . . . . . . . 9 - 9C � FRIDLEY CITY COIINCIL MEETING OF OCTOBER 21, 1991 Page 4 NEW BIISIN1�88 (CONTINOED) : Receive the Minutes of the Planning Commission Meeting of October 2, 1991: ........ 10 - lOS A. Consideration of an Ordinance to Require a License for Motor Vehicle Repair Garages (Proposed Chapter 18) ......... 10 - lOP ......... lOR - lOS Extension of a Special Use Permit, SP #90-15, by Mike Schrader, to Allow Repair Garages; to Allow Automobile Service Stations and Motor Vehicle Fuel and Oil Dispensing Services; to Allow Motor Vehicle Wash Establishments; to Allow Exterior Storage of Materials and Equipment, all on Lots 1 through 9, Block 1, Central View Manor, and Lot 3, Block 1, Central View Manor, 2nd Addition, Generally Located at 7355 Highway 65 N.E . . . . . . . . . . . . . . . . . 11 - 11E Authorization to Award Contract for the Tnstallation of the Spur Station Storm Sewer Line, Project No. 223 . . . . . . . . . . . . . . . . . . . . 12 - 12D Authorization to Advertise for Bids for Emergency Repair of Well No. 5, Project No. 224 . . . . . . . . . . . . . . 13 - 13F � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21, 1991 Page 5 NEW BUSINESS (CONTINIIED): Authorization for Emergency Repair of Sanitary Sewer Line on 61st Avenue between Fifth and Sixth Streets, Project No. 225 . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14D Approval of Change Order No. 3 to Street Improvement Project No. ST. 1991 - 1& 2, Deleting Fire Training Facility Items . . . . . . . . . . . . . 15 - 15C Approval of Change Order No. 4 to Street Improvement Project No. ST. 1991 - 1& 2, Adding Resurfacing of 61st Avenue Between 5th and 6th Streets . . . . . . . . . . . . . . 16 - 16B Establish Special City Council Meeting for November 12, 1991, � to Receive the Statement af Canvass from the November 5, 1991, Election . . . . . . . . . . . . . . . . . . . . 17 - 17A Resolution Confirming Assessment for Street Improvement Project No. STREET 1990 - 3 . . . . . . . . . . . . . . . . . . 18 - 18B Resolution Confirming Assessment for Water, Sanitary Sewer & Storm Sewer Proj ect No . 210 . . . . . . . . . . . . . . . . . 19 - 19 B Ci�iLLL�1 ..�a,, �.vva��,iL rac��-riavur vr vi:ava�a� a.r.� 1yy1 Y�q@ 6 NEW BOSINESS (CONTINIJED): Resolution Confirming Assessment for the Treatment and Removal of Trees Z991 . . . . . . . . . . . . . . . . . . . . . . 20 - 20B Resolution Designating Time and Number of Council Meetings . . . . . . . . . . . . . . 2Z - 2ZB Informal Status Reports . . . . . . . . . . . . . . . . 22 Claims. . . . . . . . . . . . . . . . . . . . . . . . 23 Licenses . . . . . . . . . . . . . . . . . . . . . . . 24 - 24C Estimates . . . . . . . . . . . . . . . . . . . . . . . 25 ADJOURN: � T8B ][INQT88 O!' TSg FRIDLEY CITY COVNCIL 1L�ETI7�3 4�'' OCTOBLR 7, 1991 •�, �; ,. 1 THE MINIITES OF THE REGIILAR M$ETING OF THE FRIDLEY CITY COIINCIL OF OCTOBER 7, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick MEMBERS ABSENT: None PRESENTATION OF PROCLAMATION: FIRE PREVENTION WEEK - OCTOBER 6-12. 1991: Mayor Nee read and issued a October 6 through 12, 1991 a: citizens to visit the City's 1:00 to 5:00 p.m. He stated the University Avenue Fire demonstrations, how to plan < escape drill for children, presented this proclamation proclamation proclaiming the week of Fire Prevention Week. He invited all three fire stations on October 12 from that special programs will be held at Station including fire extinguishing � safe escape from your house, a smokey videos and much more. Mayor Nee to Fire Chief, Chuck McKusick. Mr. McKusick stated that he hoped the public would come to their open house on Saturday, as it will be a great opportunity for citizens to review this public safety program. He stated that Dick Larson, Deputy Fire Chief, had 1,535 children go through the fire escape house. He stated that Mr. Larson and the Fire Department volunteers have done a fantastic job of promoting the program, and the house is provided by the Fire Marshals Division of the North Suburban Regional Mutual Aid Association. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 30,_ 1991: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COONCIL MESTING OF OCTOBER 7. 1991 PAGE 2 ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: MR. PETER EISENZIMMER, 6535 OAKLEY DRIVE: Mr. Eisenzimmer voiced his concern about assessments for the improvements on 67th Avenue and Oakley. He stated that these improvements were identified in a notice in the Fridley Sun-Focus. He stated that it was his understanding the residents on Oakley Drive and 67th Avenue would not be assessed, but the costs of the improvement were to be paid by the developer. Councilman Billings stated that the assessments for the improvement of 67th Avenue will be paid for by the properties on 67th. He stated that the City still has to go through the process of the public hearing regardless of who pays for the improvement. He advised Mr. Eisenzimmer that he did not receive a copy of the assessment notice, as it is not proposed that his property be assessed for any of this improvement. He stated that all the assessments would be to those properties which Mr. Brickner purchased, as well as to the church property. Mr. Eisenzimmer stated that there is a lot of tra�fic in the area with cars racing on Oakley Drive. He stated that people cannot sleep and felt this should be checked. Mr. Burns, City Manager, asked when this problem is occurring. Mr. Eisenzimmer stated that it occurs on week nights, but more so on the weekends. He stated that it begins around 10:00 p.m. and goes on until 2:00 or 3:00 in the morning. He suggested that a gate be placed in front of the church so vehicles cannot get into that property. Mayor Nee stated that he understands the church has had some vandalism, and they probably do not like what is going on either. Councilman Billings stated that he felt a more permanent barricade at the end of Oakley Drive would give assurances to the neighborhood that the City is not trying to build a roadway there. He asked about the plans for planting and erosion control along the area where the street sweepings had been placed. Mr. Flora, Public Works Director, stated it is hoped that some additional dirt would be obtained, and he said the ch�rch is working on landscaping their portion of the property. He stated that the City will plant some trees next year. FRIDLEY CITY COONCIL MEETING OF OCTOBER 7, 1991 PAGE 3 Mr. Eisenzimmer stated that he was told by a member of the church that the road would be through next year. Councilman Billings stated that this must have been a misunderstanding on the church's part. He stated that there are no plans for the City to complete the connection between Oakley Drive and 6?th Avenue. Mayor Nee stated that if there is a misunderstanding, it should be straightened out. Councilman Billings stated that he would take the responsibility of sending a letter to the church informing them of the City's position. Councilwoman Jorgenson stated that it may be beneficial to include in this letter the concerns about the cars and stepping up patrols of this area. NEW BUSINESS• 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 18. 1991: A. ESTABLISH A PUBLIC HEARING FOR OCTOBER 21. 1991. FOR AN AMENDMENT TO THE ZONING ORDINANCE TO CHANGE THE DEFINITION OF A KENNEL• MOTION by Councilman Schneider to set the public hearing on this amendment to the Zoning Ordinance for October 21, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR OCTOBER 21. 1991� FOR A REZONING RE4UEST. ZOA #91-02. BY THOMAS BRICKNER. TO REZONE FROM C-1. LOCAL BUSINESS, AND C-2, GENERAL BUSINESS. TO R-3. GENERAL MULTIPLE DWELLING, ON LOT 2 AND THE SOUTHERLY 399 FEET OF LOT 3. AUDITOR'S SUBDIVISION NO. 88, TO ALLOW THE CONSTRUCTION OF AN APARTMENT BUILDING, GENERALLY LOCATEI�___AT 6450 CENTRAL AVENUE N.E.: MOTION by Councilman Schneider to set the public hearing on this rezoning request, ZOA #91-02, for October 21, 1991. Seconded by Councilman Billings. Councilman Schneider stated that at the Planning Commission meeting there was discussion after the meeting, and some of the residents thought the petitioner was withdrawing this request. He asked that staff re-notify the neighborhood and any of those persons who attended the Planning Commission meeting that this item �3i11 be discussed by Council on October 21. FRIDL�Y CITY COQNCIL MEETING OF OCTOBSR 7. 1991 PAGE 4 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of September 18, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF SEPTEMBER 3, 1991: A. VARIANCE RE4UEST. VAR #91-28, BY RICHARD PETERSON TO INCREASE THE HEIGHT OF A FENCE IN THE FRONT YARD FROM 4 FEET TO 6 FEET ON LOTS 4 5 AND 6 BLOCK 3 SPRING BROOK PA.RK THE SAME BEING 7939 EAST RIVER ROAD: Ms. Dacy, Community Development Director, stated that this is a request for a variance to the height of a fence in the front yard. She stated that the petitioner is proposing a six foot high fence rather than the four foot allowed by the code. She stated that the Appeals Commission recommended approval by a 3 to 1 vote. Ms. Dacy stated that the Appeals Commission felt the height of the fence was necessary in order to provide the maximum amount of protection, as the elevation of East River Road is higher than this property. She stated that the Commission also noted that there are a number of fences on properties in this particular area, and that the property to the south of this parcel was granted a similar variance. Ms. Dacy stated that staff is recommending denial of this variance request. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #91-28. Seconded by Councilman Schneider. Councilman Fitzpatrick stated that there is heavy traffic on East River Road which does have an affect on the property owner's privacy. 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 OCTOBER 7 1991 PAGE 5 3. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF SEPTEMBER 17, 1991: A. VARIANCE RE UEST VAR #91-29 BY KENNETH SPELTZ AND RICH KLEINOW, SKYLINE VETERINARY HOSPITAL, TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 80 FEET TO 48 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOT 2 BLOCK l. HERWAL SECOND ADDITION THE SAME BEING 6220 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a variance to reduce the front yard setback from 80 to 48 feet. She stated that this property was previously granted a front yard variance from 80 to 55 feet. She stated that this property is zoned C-3, as are all adjacent properties. She stated that Miller Funeral Home to the south and the Moore Lake Office complex to the north were also granted variances to 55 feet for the front yard setback. Ms. Dacy stated that the owner is proposing an addition to the front and rear of the existing building. She stated that the purpose of the addition is to expand the waiting room, lounge, and office area in the front and expand the boarding area for the animals in the rear. Ms. Dacy stated that staff is recommending denial of this variance request based on the analysis that the property owner has reasonable use of the property, and that the addition could be made to the rear of the building. Ms. Dacy stated that the Appeals Commission recommended approval based on their finding that the additional footage in the front yard would not decrease 'any sight lines, that there were no objections from property owners in the area, and no adverse aesthetic impact. She stated that the Commission also felt the addition of the office area, lounge, and waiting room could not be accomplished by adding to the rear of the building. Councilman Billings questioned if some of the interior plans for the building could be changed, such as moving the examining rooms, so that the expansion occurs to the rear. He questioned if the property owners had looked at keeping the addition within the confines of the existing front yard setback. Mr. Rich Kleinow, Skyline Veterinary Hospital, stated that to move the examining rooms towards the rear would involve a lot of remodeling because of the terrazzo, plumbing, and counter work. He stated that they are requesting this seven foot variance primarily to modernize the clinic. Mr. Kenneth Speltz, Skyline Veterinary Hospital, stated that they have revised their plan several times and solicited reconumendations from the Appeals Commission. He stated that the addition could be FRIDLEY CITY COIINCIL MEETING OF OCTOBER 7. 1991 PAG$ 6 done to the rear of the building at a huge expense and, essentially, shutting down the business for a period of time. He stated that this would increase their construction costs between $20,000 and $30,000. Councilman Schneider asked the percentage increase in order to make this change. Mr. Speltz stated that it would cost between one-fourth and one-third more. He stated that the estimated cost for the entire addition is $60,000. Mr. Speltz stated that there is a bowling alley to the north that is two feet from the curb. He stated that the gas station has about a 40 foot setback, and the Brickner building has about a 50 foot setback. Ms. Dacy stated that all the properties in this area are not built to the 80 foot setback requirement. She stated that when this area was vacant it was anticipated some type of shopping center would be constructed. She stated that several other businesses in the area have obtained variances to reduce the front yard setback. She stated that if the property was zoned C-2 a 35 foot setback would be allowed, and this variance would not be required. Ms. Dacy stated that staff is recommending denial of this variance; however, there could be a legitimate argument that the zoning may not be appropriate in this general area and that the 80 foot setback is too restrictive. Councilman Schneider stated that he would like to see the aerial photos of this area and the alignment of this property with existing businesses. Councilman Billings stated that it may be appropriate to check with adjacent property owners to determine if they would favor a rezoning to C-2 which would allow a 35 foot setback. He stated that he would like the opportunity to review other options. Mr. Kleinow asked if it would be a complicated procedure in getting the other property owners involved if there is a rezoning. Councilman Billings stated that it could be, however, staff would need to contact the other property owners to determine if they are interested in a rezoning. MOTION by Counc•ilman Schneider to table this item for further information from City staff. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . FRIDL�Y CITY COIINCIL MEETING OF OCTOBER 7. 1991 PAGE 7 Councilman Billings stated that he would like to compliment the owners of Skyline Veterinary Hospital on the excellent job they have done in providing the City's animal control services. B. VARIANCE RE4UEST, VAR #91-30. BY BRUCE AND SUZANNE HANLEY,TO REDUCE THE REOUIRED REAR YARD SETBACK FROM 25 FEET TO 18.7 FEET. TO ALLOW THE CONSTRUCTION OF A THREE-SEASON PORCH. ON THE WEST 130 FEET OF LOT 31. AUDITOR'S SUBDIVISION NO. 77. THE SAME BEING 132 ALDEN CIRCLE N.E.: Ms. Dacy, Community Development Director, stated that this property is located in the northeast corner of Alden Circle and 71-1/2 Way. She stated that the variance is to reduce the rear yard setback frem 25 to 18.7 feet to allow the enclosure of an existing deck. She stated that staff had recommended denial of the v�riance because the property owner had other alternatives. Ms. Dacy stated that the Appeals Commission recommended approval of the variance on a 3 to 1 vote as they felt the variance would not have an adverse impact since there is adequate distance between the rear and the nearby adjacent structure. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #91-30. Seconded by Councilman Billings. Councilman Fitzpatrick stated that if this home faced 71-1/2 Way, a variance would not be needed. Councilwoman Jorgenson asked if the petitioner had a seven foot high fence. Mr. Hanley stated that at the Appeals Commission meeting someone stated the fence was seven feet high, but the fence is actually six feet high. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 4. RESOLUTION AUTHORIZING CONSTRUCTION OF .A GARAGE WITHIN A UTILITY EASEMENT OVER THE VACATED ALLEY EAST OF LOTS 25 AND 26, BLOCK 5, HYDE PARK: Ms. Dacy, Community Development Director, stated that this resolution is to allow the encroachment of a detached garage into a utility easement. She stated that when the petitioner, Mr. Johnson, went through the vacation, variance, and memorialization processes, one of the requirements of the vacation request was that Council pass a resolution authorizing a specified distance of encroachment in the retained easement and the City's conveyance of the east half of the alley to owners west of the alley. FRIDLEY CITY COIINCIL MEETING OF OCTOBER 7, 1991 PAGE 8.,_ Councilman Billings stated that at the last Council meeting, the time period was extended for the variance, and it was staff's belief that the petitioner may move the location of the garage. He questioned how much green area would be left in the back yard if there is a deviation from the original plan. Ms. Dacy stated that she asked Mr. Johnson which plan he wished to pursue, and understands he is considering a change from his original plan; however, he still needs a letter from the property owner to the south. She stated that Councilman Billings' comment is well-taken because there would be more green area with the original plan. Councilman Billings stated that although the numbers in the variance are the same, the location of the garage is a substantial change, and he would like some time to review the plan and discuss options. He stated the worst case scenario is that this request may have to be processed again through the Commission, so there is a mailing to the neighborhood regarding Mr. Johnson's plans. MOTION by Councilman Billings to table this item to the November 4, 1991 Council meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION RENAMING VIRON ROAD TO HIGHWAY 65 EAST SERVICE DRIVE• MOTION by Councilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 78-1991 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE NOVEMBER 5 1991 GENERAL ELECTION: MOTION by Councilman Billings to adopt Resolution No. 78-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. APPROVAL OF LEASE AGREEMENT WITH RECYCLE MINNESOTA RESOURCES INC.• Ms. Lisa Campbell, Planning Assistant, stated that this agreement sets forth the terms and conditions under which Recycle Minnesota Resources may lease the property and run a redemption center at 350 - 71st Avenue N.E. She stated that this agreement is for a two-year period and expands the materials accepted to include magazines. She stated that it is requested the $1.00 fee to lease the site be waived, Recycle Minnesota Resources' staff would•assist in enforcing yard waste hours, and the City agrees to correct the drainage problem at the site at a cost of about $150.00. FRIDLEY CITY COIINCIL MBETING OF OCTOBBR 7. 1991 PAGE 9 Ms. Campbell stated that the City has not received any complaints in the last two years regarding this site, and the employee of Recycle Minnesota Resources who is at the site has been outstanding. She stated that this person is always willing to work with residents to insure their materials are acceptable, and he was recently honored with a service award from Recycle Minnesota Resources. Ms. Campbell stated that tonnage at the site has increased 45 percent since 1986. She stated that the General Manager of Recycle Minnesota Resources, Mr. Locey, was here this evening to answer any questions. Councilwoman Jorgenson asked what was involved to correct the drainage problem. Mr. Flora, Public Works Director, stated that some fill would be installed in front of the building. Councilwoman Jorgenson asked if consideration has been given to a hard surface. She stated that the area is a mud hole in the spring and late fall. She stated she would like to ask that Council consider installing a hard surface driveway and possibly including this item in the capital improvements program for next year. MOTTON by Councilwoman Jorgenson to authorize entering into this lease agreement with Recycle Minnesota Resources. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to direct staff to check further into the poss.ibility of installing gutters on the building at the recycling center and also the installation of a hard surface driveway. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Locy, General Manager of Recycle Minnesota Resources, stated that they appreciated working with the City of Fridley and felt that their employee had done a good job at the recycling center. He stated that he also appreciated the relationship and cooperation they have had with Lisa Campbell of the City's staff. 8. APPROVAL OF AGREEMENT WITH ON-LAND ENVIRONMENTAL OPPORTUNITIES, INC. (OLEO): AND APPROVAL OF ADDENDUM TO AGREEMENT WITH NASH DISPOSAL INC.: Ms. Campbell, Planning Assistant, stated that this agreement with OLEO would allow for the transfer of the City's yard waste to OLEO farms. She stated that OLEO is a group of Anoka County farmers who are pursuing the development of land spreading yard waste as an alternative to large-scale composting. She stated that in 1988, FRIDLBY CITY COtJNCIL MEETING OF OCTOBER 7, 1991 PAGE 10 OLEO was established as a non-profit organization in order to receive financial and technical assistance. She stated that in that same year, they completed their first study on the effect of land spreading on corn crop productivity. She stated that the study is being monitored by the University of Minnesota. She stated that the 1988 study was inconclusive, but later studies have indicated some increased crop productivity. Ms. Campbell stated that it is not likely that County-based large-scale composting sites will have the capacity to manage yard waste indefinitely and alternate approaches are needed. She stated that this year, OLEO is evaluating the transportation costs of land spreading, along with crop productivity, and have approached the City requesting that the City's yard waste be transported to their farms. She stated it is proposed that the City transfer yard waste to the OLEO farms under the condition that any additional per load costs will be paid by OLEO, and OLEO has accepted these terms. She stated that OLEO has also met all the State and County licensing requirements. Ms. Campbell stated that the two agreements for the Council's consideration involve an addendum to the existing contract with Nash Disposal, Inc. to allow the contractor to bring yard waste material to the farms, and the other agreement is with OLEO where they agree to reimburse the City for the transfer of the yard waste. Councilwoman Jorgenson asked if the City of Lexington was a pilot for the OLEO program. Ms. Campbell stated that she believed they were involved; however, the study is closely monitored by the University of Minnesota. Ms. Campbell stated that OLEO is funded through agriculture funds from Anoka County. She stated that she believed they have received about $5,300 through this funding source. She stated she is not concerned that the City would not receive their money from OLEO. MOTION by Councilwoman Jorgenson to authorize entering into this agreement with On-Land Environmental Opportunities, Inc. (OLEO) for receiving the City's yard waste. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to authorize entering into the addendum to the agreement for yard waste transfer services with Nash Disposal, Inc. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETINQ OF OCTOBER 7. 1991 PAGE 11 9. APPROVAL OF CHANGE ORDER NO. 2. SKYWOOD LANE WATER EXTENSION PROJECT NO. 220• MOTION by Councilman Billings to table this item. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 10. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 11. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claim Nos. 39739 through 39829. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Howard, Needles, Tammen & Bergendoff 6700 France Avenue South Suite 260 Minneapolis, MN 55435 Review of Shop Drawings and Resident Engineering Services for Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . . . $ 6,337.86 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 8 . . . . . . . . . . . . . . . $15, 567 . 89 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF OCTOBER 7, 1991 PAGE 12 ADJOURNMENT' MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 7, 1991 adjourned at 8:48 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: i _ � . Community Development Department PLANNING DIVISION City of Fridley DATE: October 17, 1991 TO: William Burns, City Manager ,h��� �` FROM: SUBJECT: Barbara Dacy, Community Development Director Public Hearing for an Amendment to the Zoning Ordinance, to Change the Definition of a Kennel Plannina Commission Action The Pl'anning Commission at its September 18, 1991 meeting unanimously recommended to approve the proposed amendment to change the definition of a kennel as proposed in the attached public hearing advertisement. As you recall, the definition of a kennel is proposed to be amended in Chapter 101 of the City Code. In order to be consistent, the Zoning Ordinance definition should also be changed. . Recommendation Attached is the staff report that was transmitted to the Planning Commission for its review. The first reading of the ordinance amending the definition of a kennel is proposed in°tandem with the first reading of the amendment to Chapter 101 of the City Code. Staff recommends that the City Council proceed to conduct the public hearing. Besides advertising in the Fridley Foeus, we also notified two individuals who specifically requested to be invited to the pub�lic hearing. BD/dn M-91-759 1 � 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, October 21, 1991 at 7:30 p.m. for the purpose of: , Amending Chapter 205 of the Fridley City Code, entitled "Definitions" to change the definition of a Kennel as follows: 205.03 DEFINITIONS. 39. Kennel. Any lot or premises on which four ( 4) or more dogs or cats, or any combination of four (4) or more dogs or cats, at least six (6} months of age, are kept. 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: October 9, 1991 October 16, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. � 1A � _ � DATE: TO: FROM: Community Development Department PL�rrG DrviSION City of Fridley September 13, 1991 Planning Commission Members Barbara Dacy, Community Development Director SUBJE�T: Amendment to the Zoning Ordinance to Change the Definition of a Kennel � Background For several years, a variety of issues pertaining to various sections of the Animal Control ordinance (Section 101 of the City Code) have been discussed or debated. Most recently, questions were raised regarding the number of animals permitted to be kept in a single family home. This generated the proposed ordinance amendments to Section 101. Planning Commission Action In order to ensure that Section 101 of the City Code is consistent with the zoning ordinance, the definition of a kennel is proposed to be amended. We have attached the entire ordinance; however, the only item of consideration for the Planning Commission is the amendment to the kennel definition. This is not to suggest that the Planning Commission cannot comment on other provisions of the ordinance, for example, the Parks & Recreation Commission has been concerned about the impact of animals within community recreational facilities. Proposed Definition The definition of a kennel is proposed to change to permit four (4) or more dogs or cats or any combination of four (4) or more dogs or cats at least six (6) months of age. This means that a homeowner can only have three dogs or cats. The current definition of a kennel is three (3) or more dogs or cats; a homeowner can only have two dogs or cats. A kennel is not permitted in the residential zoning districts of the community and is only permitted in the commercial zoning districts. In the last several years, the City has encountered several situations where single family homeowners own three or more dogs or cats and the City has had to advise them that one of the dogs or cats be removed from the premises. - �--• 1 Ci Definition of a Kennel September 13, 1991 Page 2 The City Council directed staff to prepare the ordinance amendment in order to conduct the public hearing process and to discuss the proposed ordinance change. The Chief ot Police will be present at the meeting to present background information to the Planning Commission regarding this issue. Other Communities We surveyed other jurisdictions (see attached) and found that five out of the eight permitted up to three animals. Two had no restrictions on cats. Some also required a special use permit for more than three animals in a residential district. Recommendation Staff recommends that the Planning Commission recommend approval of the amendment to the definition of a kennel, Section 205.03.39, as represented in the attached ordinance. This is also recommended by the Police Department. BD/dn C-91-674 0 1C CITY Fridley Columbia Heights New Brighton Spring Lake Park Blaine Coon Rapids Brooklyn Center Brooklyn Park Anoka ANIMAL RESTRICTION BIIRVEY �OGSICATS COMBO 2 a�imals 2 animals 3 dogs Cats not restricted 3 dogs Cats not restricted 3 dogs plus 3 cats 2 animals 2 dogs plus 3 cats 3 animals 2 animals 1D . , . z� � � • • _ �_��4�_ _ ��',�v� No No ' Special use permit Special use permit $50 Up to 7 cats Special use permit $50 Kennel.license $30 Kennel license No F. ' -" . , (��°��O�y � �u� 3 0 ���� July 30, 1991 Mr. Nee: My name is Pam Davis. I reside at 7321 E. River Rd, Fridley. We moved in June l, 1991 from Cambridge. I called ahead (May) to question the requirements of our animals for th� City of Fridley. We have two Chihauhuas, (one 3 years old and one 4 years old), 1 miniature dachshund who is 9 years old, one 4-month old Chihauhua and one 9-year old Siamese cat, neutered and declawed. The 4 month old puppy has already left and the cat I can dispose of or find a home for. On, Thursday evening June 26th, an officer came to our house and said a cancerned neighbor had called because of the barking of our dogs. She told us to check into a kennel license. Earlier this month, we had put up a chain link fence in the backyard to keep our dogs in our yard. I weat to the county offices on Monday morning, June 29th and spoke.with a person in the zoning office. She told me at this time they were not enforcing that law of only two animals and that we could not get a kennel Zicense unless we had a pet shop or were a veterinarian. I wanted to be sure so I went downstairs and talked with the CO officer-in charge, Mark. I explained the situation to him as we understood the complaint was for barking dogs: He also told � they were not enforcing the ordinance of no more than two dogs, and not to destroy my dogs. He stated that unless the dogs bit someone, I did not have to destroy them. Later that evening the•first officer called my home as she had checked further into it and realized we could not get a kennel license, but that we still had to dispose of the other two animals. I explained we were told otherwise. She also told my husband at that time the complaint was for � the amount of animals we had, not for the barking. She said Dave So]mon would call me in the morning. He called me this morning and said he was sorry for the wrong information that was given to me and that I had to get down to only _._ having two animals. Everyone has been very nice and no one has been disrespectful or rude. I realize they are only doing their job, but can something be done? I don't want to dispose of my animals. How do you chose which one is to go? The obvious woul� be the oldest because she is 9 years old but can't they wait until she expires? She won't live much longer. Why can't we be issued a kennel license as other cities do? .-..�:,I did call ahead and nothing was said about being able to only have two = + �_-- �-- animals. We do have a chain link fence around the yard so they can't get out. Can you please help me? I do not want to dispose of my pets. Thank you. � rely, � �,w��^` ���" � Pam Davis Home #: 574-1794 Work �: 755-�500 Ext. 110 1E � r" INClOENT REPORT �,� 91-109614 FRIOIEY POUCE OEPARTMENT M�ypp�pp FENSE 0/1 INC10fNT ����r a►r� 5 M T W � F S TE wEPORTED TIME RECEIVEO TIME 01SPATCHEO TIME AfiNIVEp T1ME COMPLETED 7-25-91 1511 1533 1609 pRO: R- raeto I+�e CFS � occuaRtc rwt axu�R[o %-25-91 � S3IiU2 R P- Phone � IqC ���pE�E Q�� A - alar� ARR 7335 East River R,oad 5 I- tn person duv � OF COMPLAINANTNIGTIM 008 John Capretz L v- �ts�ai oFv r+E�►ooaess vaoHE N- a�tl pROP 7335 East River Road 571-4754 T- ocne� SINESS nO0AE5S PMONE M�11TE0 6V ��.Ei1.li3Ilt • , � OtJAO • �51 O1 9835 S ISN UOC OISP AEPIACENEMT VALUE: vvR APPpOVwI ��LUE OF O�AGE: DA v�ue �covEnEU: ESTED/$USPECT(S) OR OESCRIPTIOM Gerald Davis, 7321 East Riv�er Road, 03-04-44, 574-1794 i - flME Of ANREST ,AN.S OF iNCIOENT. -- AOOIT�ONAL RE/ONT3: Dispatched i� 7335 East River Road to meet with caller who is concerned about his neighbor at 7321 East River Road, t�o be having tx�o many animals. Updn arrival, I met with the caller, Mr. Capretz who infonned me of his neighbor, Mr. Davis who has five an�mals at his residence. Mr. CaFretz was ccncerned about an ordinance violation. I then proceecled aver to 7321 East River Road t�o speak with Mr. Davis. Mr. Davis advised me he just m�ed here fran Cambridge and was unaware of our animal ordinances. I then explained thesn to him and instructed him � obtain city licenses for his animals. Clear. -�,� 1F � FRIDLEY POLICE (_ � � SUPPLEi�AEiVTARY INVESTiGAT10N REPORT �,�E No. 91-109614 � ao��rrr OFfENSE John Capretz COMPUINANT �ooR�ss 7335 East River Road AOO�TIONAI. OETAILS Of OfFENSE ►ROGRESS Of INVfSiIGAi�ONS. EiG. I contacted Ms. Davis on Jtily 29, 1991. Ms. Davis had infori�ed CSO Dodge that she had rnceived conflicting infoxmation as to whether or n�ot the City enforces the ordinance regarding the rnanber of animals at a residence. I info�ned Ms. Davis that there may be sane misunderstanding in that we c'b not proactively enforce (go cbor to cir�or searching houses) the ordinanoe but that we had received a oomplaint and we have no ch�ice but to enforce the ordinance as it i.s written. I apologized for any conflicting information that Ms. Davis may have received but that she was limitsci to twn animals in her residence accozdi.ng to City ordinance 101.04 (S) 8. I suc�gested that Ms. Davis discuss this issue with family m�nbers ,and infornn me when they felt was a�asonable time for theqn to �ly with the ordinance. ' ' On�Ju1y 30th, 1991 Ms. Davis �ontacted me and stated that she had contacted Mayor Nee and that the Mayor had told her that he wnuld raise the issue with the eouncil t�o see if there wexe some other solutions bo the issue of the n�ber of animals in a household. Direct�or Hill contacted Mayor Nee and e�lai.ned the issue to him. A resolution to this canplai.nt is pending a decision by the City Council. I contacted the ocs�iplai.nant (he had previously requested that we contact him with the final resolution) and explained to him the current status of his vo�nplaint. Copy � DirectAr Hill. _.- �::t-� m TNiS OfFENSE IS OECURED: �"�°"�did � SIGNED �putY Directar Sallman DHS sjd oAT� 8-1-91 ca..r.a br An.a p �nwstia.ti�q ontur , 6�netie��llt Gund , �MCliw tNo► G��nd) � SIGNED OA?F Q Chief or Comm�� ' tlicer This fonn I� UNd b�r Olfic�� Atsia��d fo • C�w to R�poA ►reqr�a Aller Th�e� •�d Sevsn O�ys �ed vV�eklv �e���lttr, Alsa fo Reqwrt S:a�ilic�nf OwelooTMN. CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 18, 1991 �. ... ............................................................................................................... «.............,...................................,. ....,.......... ::.... ...... CALL TO ORDER• Chairperson Betzold called the September 18, 1�91, Planning Commission meeting to order at 7:30 p.m. ' % ROLL CALL- Members Present: Don Betzold, Dean Sab , Sue Sherek, Diane Savage, Conni odig, Brad Sielaff Members Absent: Dave Kondrick others Present: Barbara Dac , Community Development Director Michele M erson, Planning Assistant Jim Hil , Public Safety Director Dennis chneider, Councilmember Timo y and Deborah Hutchison, 8021 Riveryiew errace om and Marge Brickner, 1671 Kristin Court See attached list-` 0 MOTION }�fy Mr. Sielaff, seconded by Ms. Modig, to approve the August 22, 1�1, Planning Commission minutes as written. A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED MOTION CARRIED iTNANIMOIISLY. 1. PUBLIC HEARING: Amending Chapter 205 of the Fridley City Code entitled "Definitions" to change the definition of a Kennel as follows: - 205.03 DEFINITIONS 39. KENNEL Any lot or premises on which four (4) or more dogs or cats, or any combination of four (4) or more dogs or cats, at least six (6) months of age, are kept. MOTION by Ms. Sherek, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. �H � PLANNING COMMISSION MEETING, SEPTEMBER 18, 1991 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. Dacy stated that the City has two sets of regulations pertaining to animal control. One set is Section 110 which is the Animal Control Ordinance, and the other set is various regulations in the City's Zoning Ordinance. Over the past several years, a variety of issues have come up regarding animal control, and one of the issues has been the number of dogs and cats individuals can keep in their single family homes. As a result, the City Council directed staff to draft an ordinance amendment regarding that particular issue and other related issues. Ms. Dacy stated this item is before the Planning Commission because of the proposed change in the definition of a kennel. A kennel is only permitted in commercial zoning districts of the City. The definition of a kennel as defined in the Zoning Ordinance is: "Any place where three (3) or more dogs or three (3) or more cats or any combination of three (3) or more dogs and cats are kept on the same premises..'!-� This means that right now the single family homeowner can only have up to two dogs and cats. It is being proposed that the definition of a kennel be changed to four dogs/cats so that a homeowner can have up to four dogs and cats in the same home. Ms. Dacy stated that staff surveyed other communities to find out what they do with this issue. Out of the surrounding eight: communities, five do permit three dogs or ca�s in the single family home. Different communities have different restrictions regarding kennels. Som.e permit them as a special use in the R-1 district. That is not being proposed in this parti:cular ordinance amendment.. Ms. Dacy stated the Director of Public Safety, Jim Hill, was invited to the meeting �as a�resource for any questions the Commission members might have. The Planning Commission will only be acting on the definition of a kennel, because that is within the City's Zoning Ordinance. Ms. Dacy stated staff is recommending approval of amending the definition of a kennel from three to four total dogs and cats or any combination thereof. Mr. Betzold stated the ordinance addresses vicious animals and animal nuisances. A few years ago, there was a woman in New Brighton who fed ducks on her property that caused some problems. Would this type of thing be included in this particular ordinance? Mr. Hill stated that they did discuss the issue of feeding wild animals and concluded that they did not want to recommend that for a variety of reasons. The issue basically came up because of the raccoons. Some members of the public requested that the` City prohibit the feeding of those types of animals. He stated the enforceability of that kind of thing is very difficult, and then 11 PLANNING COMMISSION MEETING, SEPTEMBER 18, 1991 PAGE 3 there are the people who like to feed the birds, etc. , so it . is difficult to determine where to begin and end with this type of issue. Mr. Hill stated this process has been going on for several years, and they wanted to get an animal cantrol ordinance that is clear and understandable to the residents of Fridley. Ms. Pam Davis, 7231 East River Road, stated she is concerned about this ordinance because she presently has three animals. Before they moved to Fridley in June, she called the Anoka County Courthouse to find out if there were any special regulations for the City of Fridley. She was not told about the limitation of two animals. Because she is not in the zoning that allows kennels, she cannot get a kennel license. Her oldest animal is 9 years old and the two Chihuahuas are 3 and 4 years old. She would like to see this ordinance changed, because she does not want to have to dispose of one of her animals. Mr. Betzold stated that a letter dated July 30, 199i, from Pam Davis was included in the agenda packet. Mr. Hill stated the number of animals per residence has not been vigorously enforced. It is enforced upon complaint; and in this situation, t�iere has been a complaint. But, the ordinance is under consideration for change. They have advised Ms. Davis that they will be staying the enforcement of any action until some decision is made by the Planning Commission and City Council. Mr. Sielaif asked the rationale for three animals versus two. Ms. Dacy stated that it seems the majority of other communities seem to approve of three animals. Some communities don't have any restrictions on cats. Mr. Saba asked if there have been a lot of complaints about the number of animals. How can they intelligently draw a line on the number of dogs and cats and the combination of dogs/cats? Mr. Hill stated he did not know if there is an answer to the question of what is the legitimate number of dogs/cats? The real issue is not so much the number of animals, but it is the animal owner and how he/she maintains the animals. He stated that from his experience and knowledge, there are many families in the City of Fridley who are violating the ordinance at this time, but they are not violating it by way of disturbing the neighbors. Many of them love animals and take in stray animals and care for the animals until a home is found for them. He stated that after many months of consideration, they feel four animals is not an unreasonable number. There will always be someone who want�s 4-5 animals, but once they start getting into those numbers, they._ start getting into health issues. As far as the combination of 1J PLANNING COMMISSION MEETING. SLPTEMBER 18, 1991 PAGE 4 dogs/cats, there are other sections of the ordinance that will relate to nuisances. Mr. Saba asked if any consideration had been given to the size of an animal. Mr. Hill stated it was discussed, but to his knowledge the size of an animal has never been addressed legislatively in any other ordinance. Sometimes three small dogs can make more noise than three large dogs. Mr. Betzald stated the proposed change does not address the special use permit issue. He asked Mr. Hill to give some rationale as to why that was not considered. Mr. Hill stated they looked at that for a long time. He stated the special use permit process is a whole other administrative process with other issues relating to it, and they decided not to get into it at all. Mr. Betzold stated that if the ordinance is amended, if a family with more than three animals moves to Fridley, they have to get rid of the extra animals. Mr. Hill stated, yes. The people would be given a notification, but they are quite liberal in giving them plenty of time to find another home for the animal(s). He stated that destroying an animal is not the only option. The City's current animal shelter at Skyline Veterinary Hospital has done an admirable job in adopting out stray animals, even though legally they do not have to do that. MQTION by Mr. Saba, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. MOTION by Ms. Sherek, seconded by Ms. Savage, to recommend to City Council approval of amending Chapter 205 of the Fridley City Code entitled "Definitions" to change the definition of a Kennel as follows: 205.03 DEFINITIONS 39. KENNEL Any lot or premises on which four (4) or more dogs or cats, or any combination of four (4) or more dogs or cats, at least six (6) months of age, are kept. -4 �K PLANNING COMMISSION MEETING, SEPTEMBER 18, 1991 PAGE 5 IIPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 2. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT SP #91-10, BY TIMOTHY HUTCHISON: Per Section 205.24.04.(d) of the Fridley City Code,, to allow construction in the CRP-2 District (flood fringe),on Lots 21, 22, 23, and 24, Block V, Riverview Heights, ge � ally located at 8021 Riverview Terrace N.E. MOTION by Ms. Sherek, seconded by Ms. Modig, to aive the reading of the public hearing notice and open the publ' hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPE�SON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING O��EN AT 7:52 P.M. Ms. McPherson stated the special use pe 't request is to construct an addition to an existing dwelling nit located in the flood fringe district. The property is 1 cated in Riverview Heights between Ely and Dover Streets. The roperty is zoned R-1, Single Family Dwelling, as are all surroun ng parcels. Currently located on the property is a single famil two-story dwelling unit and an existing detached garage. The xisting dwelling unit which was constructed in 1966 prior to �he adoption of the flood fringe ordinance regulations does cor�.tain a basement. - Ms. McPherson stated the h.iroposed addition would connect the existing dwelling unit to t'�e existing garage. Also, an addition would be constructed to ��e garage. Section 205.24.U5.A of the Fridley Zoning Ordinar�ce requires that new structures for habitation be construct�d so that the basement or first floor, if there is no basement;�is above the regulatory flood protection elevation. The current dwelling unit is nonconforming with this section of the orc�-�nance as it does contain a basement. The petitioner is proposing to expand the dwelling unit with a basement. The elevation of the basement would not be able to meet the requirementi�to be above the regulatory flood elevation; however, the fi,rst floor of the addition would be able to meet the elevation rectuirements. Ms . Mcl special have be has reQ prop not in elev t �rs�bn stated that in the past, the City has approved s� permits for crawl spaces and accessory structures which /located below the regulatory flood elevation. The City red that hold harmless agreements be recorded against the to ensure that these crawl spaces and accessory uses are rted to livable area. Because the ordinance is specific the basement floor must meet the regulatory flood dtion, to approve the special use permit, even with a hold less agreement, would be a clear violation of the ordinance. stated the previous agreements and special use permits� have been allowed'by the ordinance under Section 205.24.05.B of the Fridley Zoning Ordinance. 1L r � � - J Community Development Department PI.ANIVING DIVISION City of Fridley DATE: October 17, 1991 � TO: William Burns, City ,Manager �.�� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Public Hearing for Rezoning Request, ZOA #91- 02, by Thomas Brickner; 6400 Block of Central Avenue N.E. Attached please find the above-reference staff report. The City Council established October 21, 1991 as the date of the required public hearing. Staff recommends that the City Council hold the public hearing. MM/dn M-91-749 � � �► STAFF REPORT APPEALS DATE C[�QF PLANNING COMMISSION DATE september 18, 1991 FtZtDLEY cmr co�xva� oA-rE : October 7, 1991 q�Hpq � REQUEST PERMIT NUMBER APPLICANT PROPOSEO REQUEST LOCATION SiTE DATA SIZE DENSITY PRESENT ZONfNG ADJACENT LAND USES & ZONING UTIIJT�S PARK DEDICATION ANALYSIS FlNANClAL lMPLlCATlONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONStDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMEN�ATION ZQA #91-02 Thanas Briclmer �Ib rezone property frcm C�-1, Local Business, and C-2, General Business, to i�-3, Ger�eral Multiple Dwelling 64� Central Av�nwe 110,192 sq. ft.; 2.52 arxes C-2, Local Business,and C-2, General Business C-1, Local Business, and C-2, General Business, to the N; N�1, Light Industrial, to the S; R-2, Ztvo Fami.ly Dwelling to the W Approval Denial _� 9 ZOA 4�91-02 Thomas Brickner _ S l/2 S�C. /3. T. 30, /�' 24 C/TY OF FR/OL EY �1 � , 16 m r.•.. .�.� �� � :zji_. , � 34 14 24 � I� , � 43 �' � .. �' �' ,' � . 4�'':� � �; , � . � t (� ZB LOCATION MAP Staff Report ZOA #91-02, Thomas Brickner Page 2 REODEST The petitioner is proposing to rezone property located south of Sandee's Restaurant and west of Central Avenue from C-1, Local Business and C-2, General Business to R-3, General Multiple Family Dwelling in order to construct a 48 unit, three story apartment building. The rezoning request is one of two land use requests which will need to be considered by the City Council. If the rezoning request is approved by the City Council, the petitioner will need to submit a plat ( in order to subdivide the property from the Sandee's Restaurant property), drainage calculations, and a landscaping plan. The petitioner is proposing a three story, 48 unit apartment building. Each floor will contain 16 units; four one bedroom units and 12 two bedroom units. The apartment will have both above- and below-ground parking spaces. The petitioner intends to live in the building and manage it. The petitioner has met with the neighborhood on several occasions and has agreed to file deed restrictions against the property to limit the following: 1. 2. 3. No outdoor sheds; No swimming pool; and Restricting the number of people per unit, to no more than three persons in a two bedroom unit, and no more than two persons in a one bedroom unit. The intent of the deed restrictions is to promote the building as an "adult" building. SITE The property is currently vacant and is characterized as having a low elevation and containing wet/poor soils. The lot is heavily wooded with a variety of trees including Maple, Aspen, Cottonwood, and shrub materials indicative of wet soil conditions. The property is zoned C-1, General Business and C-2, Local Business, as is the property to the north. The Advance Company property located to the south is zoned M-1, Light Industrial and property to the west is zoned R-2, Two Family Dwelling. ANALYSIS In analyzing a rezoning request, there are three tests which must be evaluated: -� 2D Staff Report ZOA #91-02, Thomas Brickner Page 3 1. That the proposed use intent; 2. 3. is consistent with the district's That the proposed use is consistent with the lot and structure requirements of the zoning district; and That the proposed use is consistent, with adjacent uses and zoning. DISTRICT INTENT The intent of the R-3, General Multiple Family Dwelling district is to provide zoning for single, two family, and multiple f�mily dwelling units. As the proposed use is for a three story, 48 unit multi-family apartment, the proposed use meets the intent of the zoning district. LOT/STRUCTURE REOUIREMENTS The proposed site plan meets the minimum requirements for lot area, setbacks, and provision of garage/parking spaces. However, there are several issues which need to be addressed. These include height, landscaping, drainage, traffic, and platting. Height The apartment building is proposed to be a height of 42 feet which is below the 45 feet allowed by the zoning district; however, as was stated earlier, there are poor soil conditions which will need to be corrected prior to construction of the building. The petitioner has completed a soils report; analyzing the soils in the vicinity of the proposed building. The petitioner's consultant has determined that with appropriate soil correction, the maximum height of the building will be 42 feet; however, as the soil analysis was limited, actual field conditions may result in the construction of the building at a higher elevation than what is proposed. The proposed building, once completed, will be the tallest structure in the area. Landscat�inq As was stated earlier, the petitioner will need �o submit a landscape plan consistent with the ordinance. As a condition of approval, the petitioner should be required to save as many of the existing trees as possible to provide screening and buffering for the single story, two family dwellings to the west of the parcel. These trees will aid in mitigating the difference in scale between the proposed building and the surrounding structures. __ 2E Staff Report ZOA #91-02, Thomas Brickner Page 4 Drainaae The petitioner will not submit a drainage plan until the proposed plat has been prepared. Concern regarding the overall drainage in the neighborhood has been expressed by the homeowners in the area during past land use requests and also during the neighborhood meetings conducted by the petitioner. Storm water in the area flows from Harris Pond located east of Central Avenue through a series of pipes to an open ditch located north of the Graystar office building. Once the ditch reaches Central Avenue, it is joined by a second ditch parallel to Central Avenue. Storm water flows from the joining of these two ditches under Central Avenue and along the north side of East Moore Lake Drive through a series of pipes. These pipes enter a series of detention ponds located in the Moore Lake Commons development area, eventually entering Moore Lake. Storm water from the proposed development should be directed toward a third ditch located along the west lot line of the subject parcel. The design of the project will need to include a pond located at the northwest corner of the property, discharging into the third ditch. Any flooding problems the neighborhood is currently experiencing due to the capacity of the downstream system will not be increased due to the proposed project. By ordinance, water is not allowed to flow off the subject parcel at a rate greater than what flows off the site in its undeveloped state. Further, Anoka County has indicated its preference to have the site drain toward the west, and not toward Central Avenue. Traf f ic Traffic issues pertain to two areas: 1) on-site and combined traffic with Sandee's Restaurant, and 2) the intersection of Old Central Avenue and Mississippi Street. Staff has analyzed the requirements for installing a traffic signal at the intersection of Old Central Avenue and Mississippi Street. In reviewing requests for traffic signals, Anoka County has established ten warrants which must be evaluated prior to installation of a signal. Of the ten warrants, only the first warrant, minimum vehicular volume, applies to the intersection. It requires that the volumes in eight hours out of 24 hours need to be exceeded. In analyzing the traffic counts for the intersection and combining it with the proposed traffic of the apartment building, the minimum vehicular volume warrant is not met. Using the ITE (Institute of Traffic Engineers) suggested number of trips per day for apartment complexes as five to six 2F Staff Report ZOA #91-02, Thomas Brickner Page 5 trips per unit, approximately 300 additional trips will be generated by the proposed use. Using a 50� distribution where 50� of the people leaving the facility will travel north on Central Avenue and 50� of the people leaving the facility will travel south on Central Avenue, the required vehicle trips per hour on Central Avenue is not great enough to warrant the installation of a traffic signal. However, our analysis is not a sophisticated traffic analysis, and if in error by as little as 100, it is possible that the minimum vehicular volume warrant could be met. Anoka County will not consider the installation of a signal at this intersection until the actual vehicle volume exists. Anoka County is willing to complete the traffic counts after the project is completed and consider adding a traffic signal to its capital' improvement project. The proposed vehicular entrance into the apartment complex is located less than 30 feet from one of the Sandee's Restaurant's parking exits. Staff recommends that the parking area for the apartment be tied with the parking area for Sandee's Restaurant to reduce the number of driveways. This will limit the traffic conflicts on Central Avenue. Anoka County has suggested that one of the two driveways to the project be eliminated. Staff recommends that the southerly driveway be eliminated. Further, a driveway connection to the Sandee's lot should be made. Staff will recommend this on the plat request as well. Plattinct Currently, the subject parcel is combined with the Sandee's Restaurant parcel. In order to develop the apartment complex, the two parcels need to be legally separated. As the parcels were originally part of an auditor's subdivision, a plat will need to be created in order to process the legal separation of the properties. The platting process should be completed if and when the rezoning request is approved. The second reading of the rezoning would not occur until the plat was completed and construction had begun. COMPATIBILITY WITH ADJACENT USES AND ZONING While the rezoning request has met the first two tests, there are several advantages and disadvantages to approving the request. Disadvantages The proposed rezoning request would continue the mixed lar-td use pattern which currently exists along the west side of C�ntral Avenue. Currently, there are three developed properties: Sanciee's 2G Staff Report ZOA #91-02, Thomas Brickner Page 6 Restaurant, the Advance Companies (M-1), and the Ziebart facility (M-1). The remaining undeveloped properties are zoned commercial and CR-1, General Office District. North of Mississippi Street, the land use on the west side is residential and then industrial north of Rice Creek. In addition, the proposed rezoning would locate a higher density population near the M-1 zoning district. While the use of the property by the Advance Company has relatively low impact, it is possible that a higher intensity industrial use could locate in that location. Other homeowners in the area have complained about noise from Sandee's Restaurant and Moore Lake Commons. There is also the issue of proposed apartment building building will be much taller area and may emphasize the Central Avenue. Advantages scale and the visual impact that the may have on the neighborhood. The than any building which exists in the mixed use nature of the west side of The proposed rezoning request does meet all requirements of the zoning district and may have a minimal impact on the neighborhood. While the proposed building will be the tallest structure in the area, the R-3 regulation setbacks are written to provide adequate setbacks between adjacent structures. There will be approximately 120 feet between the proposed apartment and the adjacent structures. The intent of the district regulations is to mitigate the impact of scale between various structures. The proposed use would generate less traffic than a commercial use, such as a restaurant, and there are no extended hours of operation. The vehicular activities of the building would be buffered by the building itself due to its "L" shape, which forces the vehicular activities toward Sandee's Restaurant and Central Avenue. In addition, the apartment building is a collector street (as opposed to a residential street), near shopping facilities, and on a transit line. Staff also questions whether additional commercial development will be generated as "spin-offs" from the Moore Lake Commons development, and whether retaining the existing commercial zoning on both sides of the street will be compatible with the residential areas (compatibility issues were raised during the Moose Lodge request). There is adequate commercial space in Moore Lake Commons for neighborhood commercial uses to locate, and to serve the area. 2H Staff Report ZOA #91-02, Thomas Brickner Page 7 RECOMMENDATION/STIPULATIONS, As the rezoning request meets the intent of the district, the lot and structure requirements of the district and the advantages outweigh the disadvantages regarding compatibility of the proposed rezoning with the adjacent uses and zoning, staff recommends that the Planning Commission recommend approval of the request to the City Council, with the following stipulations: 1. A plat shall be submitted and approved by the City Council. 2. A drainage plan and preliminary calculations shall be submitted in conjunction with the plat application indicating a pond in the northwest corner and the drainage directed to the west property line. 3. A permit shall be approved by the Rice Creek Watershed District prior to issuance of a building permit. 4. A landscape plan in conformance with the ordinance shall be. submitted in conjunction with the plat application. 5. Existing trees shall be maintained along the west property line to provide buffering and screening, and shall be protected during construction. 6. Deed restrictions prohibiting outdoor sheds, a swimming pool, and limiting the number of persons per dwelling unit, shall be recorded against the property prior to issuance of a building permit. 7. An overall parking and access plan with Sandee's Restaurant shall be submitted with the plat application. 8. The southerly driveway access shall be eliminated on the site plan. Planning Commission Action The Planning Commission voted 4-2 to recommend denial of the rezoning request to the City Council. City Council Recommendation Staff recommends tha the City Council approve the rezoning request as it meets the three tests used to evaluate rezoning requests. 2� � �� � �� �� � � � � i i ZOA ��91-02 Thomas Brickner I� `� � 0 cti �, :�i� =i•iI� �'7M �_� -r---- -------i---------� � — i I P � � I x � � ., � � � � �< � S �+ � � �� z,�n � �� I iI � J �a �' � � " i • _._� � . , � �. I ,� I w � ii'iy �... . � . . . . . � ' P T�3 - -+. �. _.� ' ���t ' � ... - 1 .t- � __��... J f � . �� .. . . . . . . �x. ( . . . . . . . � � I I i, . � � � . 1 _ . j . � ' Q � � 1` � � ' � � � � . - � ��c•' . .� \ ._ •,�`-.;� '.�-1, I � ( 2� I . � . ' . '.` . �•.. 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TW �Y� + � � a � •tL. u+ru� � N _" • � � � � ` _ ♦ �, y � ^ : 1 � u �/� � � � 11�Y i � 1111��MM �// ♦ilO�Y � � ; i5 � ' — � � _ e •' ' L � y , .•� ; - ' ai �. . : . . : „ � : � .,, > � : �r ZI »�is : •■or� � u _ ,�o Y ' j � � I�IYO � j ' � r � , a = .�__. - -�" - � �� ` � 117�LS r/1M1�• �7)YIS Y�IMiM L N n • . i � s - J � ` �\�rl .. r=.tixree: � n.w Za�... � .)1Yl . � llMlt I:r:4 _ � C , sfni ` �un� �z � cz ' rz •, . Y� ��y •• •..y .il�If IYL �)lYIO . I t � � m' a/1Yli � \\ ` � . � `\ � 4 • , � ' 0M! � . Jl ' ' ♦ t aawa� ra �\ • � � � ; �. . _ uu■ .� - w.. , r �J 41 ♦ i� � � u '�� i �� ♦ • "r ;,,� rV r"� a • � . r �- . ls � + � � Y £ t Q � � . ,y,' .—" , \ i �'� ��i ,1�� � w , ��� ti: � ��� ��R , � �a:, �J� t:. II . i �111���• • �a�ra� I ' s s J J � ` Nbt ~ � W Y d _.i � � • • - , w . `� � . ° Q = • • O _ • f, o �)l�it j M1Yn• h�� F , � • ♦)�Ylf YOi���f ' Y�J ll��lt 1�rIn0 at)Y�i )p��Ow � i ._ � � f��R■ II �� !G'J • i 1 � 1! .- Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager PW91-258 FROM: Mark A. Winson, Asst. Public Works Director �� DATE: August 23, 1991 SUBJECT: Drainage & Traffic for Proposed Apartment Complex by Brickner Southwest of Mississippi and Central After reviewing the preliminary plan for this apartment building, there are not any particular concerns with drainage. The developer will need to provide onsite detention in accordance with City and Rice Creek Watershed District requirements. There appears to be sufficient open areas on the site to accomplish this. There is an adjacent drainage ditch which could be used as the discharge permit. We have reviewed the existing traffic volumes, projected volumes after the completion of the apartment complex, and the accident history of the intersection of Mississippi Street and Central Avenue. Since January, 1986, there have been nine (9) property damage, one (1) personal injury, and no fatality accidents at this intersection. Under current conditions, this intersection does not meet any of the ten (10) warrants for signalization. The addition of the apartment complex could push the traffic volumes up far enough to meet the minimum traffic warrant. I have contacted the Anoka County Highway Dept. regarding doing an analysis of this intersection for signalization and it does not currently meet warrants for signalization. If the apartment building is constructed, they will take another look at the traffic counts to see if warrants are met. MAW/ts , . Barb Dacy 2N �: 0 -"` / � F�� , �O�p Cp`H.:e. r P � t ��� ���. :�� ` M��'NESOtP September 6, 1991 COU NTY OF ANOKA Depanment of Highways Paul K. Ruud, Highway Engineer 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 Michele McPherson City of Fridley 6431 Universrty Avenue NE Fridley, MN. 55432 Re: Proposed Development 48-Unit Apartment Building Dear Ms. McPherson: I have reviewed the proposed site plan for a 48-Unit Apartment Building to be located west of CSAH 35 (Central Avenue NE) and south of CSAH 6/CR 106 (Mississippi Street NE) in the City of Fridley, and offer the following comments: The existing right-of-way at this location is 50 feet from the centerline of CSAH 35, which should be adequate for future needs. Calculations must be provided which show that any drainage onto CSAH 35 does not exceed the pre-existing conditions. If drainage to CSAH 35 will exceed the current conditions, an alternate drainage plan must be sought. A single entrance onto CSAH 35 should be adequate for a 48-Unit Apartment Complex. It is my recommendation that the northern most entrance be mtained, and the southern most entrance eliminated. A permit for any work which may occur within the County Right-of-way is required and must be obtained prior to the commencement of any construction. Contact Roy Humbert, Contracts Administrator for the Anoka County Highway l�epartment %r future information regaruing ihe permit process. 'Thank you for the opportunity to comment. Feel free to contact me if you have any questions. Sincerely, �".��� �%'�` ' ne Pemble Traffic Engineer dmh/ 1FRIDLEY Affirmative Action / �iM Jpportunity Employer �: C. WARRANTS 4G1 Advance Engioeerin= Data Reqaired A comprehensive investigation of traffic conditions and physicai chazacteristics of the location is required to determine the ncoessity for a signal installation and to furnish necasary data for the proper design and operation of a signal that is found to be warrantai. Such data desirably should include: 1. The numba of each approac� hours selecced shoul traffic. hours of a representative day. The 16 Sreatest percentage of the 24-hour 2• Vehicular volumes for each traffic movement from rach approach, classified by vehicle tvne (heavy trucks, passengu cars and light trucks, and public-transic vehicles), during each 1S-minute period of the two hours in the morning and of the two hours in the afternoon duruig whic total traffic entering the intersection is greatest. 3. Pedastrian volume counts on each crosswalk during the same periods as the vehicular counts in paragraph (2) above and also during hours of highest pedestrian volume. Where young or elderly persons nad special considoration, the pedestrians may be classified by general observation and rxorded by age groups as follows: (a) under 13 years (b) 13 to 60 years (c) over 60 years, 4• The 8S-percentile speed of all vehicles on the uncontroUed approaches to the locauon. 5. A conditions diagram showing details of the physical layout, includuig such features as intersectional geometrics, channelization. grades, sight�isiance restrictions, bus stops and routings, paricing conditions, � pavement mazkings, street lighting� driveways, location of neazby railroad crossings, distance to neazrst signals, utility poles and futures, and adjacent land use. . 6. A collision diagram showing accident eaperirnce by type, location, direction of movement, severity, time of day, date, and day of wak for at least one year. The following data are also desirable for a more precix understandin� of the operatioa of the intersection aad may be obiained durin� the Periods specified in (2) above: 1. Vehiclo-soconds delay determinod separatdy for each approuh. QJ � 2. The number and distribution of gaps in vehicular traffic on the major strat when minor-street traf�c finds it possible to use the intersection safely. 3. 1fie 85-percentile speed of vehicles on convolled approaches at a point near to the intersection but unafferted by the contrd. 4. Pedesirian delay time for at least two 30-minute peak pedatrian delay periods of an average wcekday or like periods of a Saturday or a Sunday. Adequate roadway capacity at a signalized interscction is desirable. Widening of both the main highway and the intersecting roadway may be warranted to reduce the delays caused by assignment of right-of-way at intasectioas controtled by traffic signals. Widening of the intersecting roadway is often beneficial to operatioa on the main highway because it reduces the signal time that must be assigned to side-strat traffic. In urban areas, the effect of widening can be achieved by elimination of pazking at interscctional approaches. It is always desirable to have at teast two lanes for moving traffic on each approach to a signalized intersectioa. Additional width may be nxessary on the leaving side of the intersation, as well as the approach side, in order to clear traffic through the intersection effectively. Before an intersection is widened, the additional green time needed by pedestrians to cross the widened streets should be checked to ensure that it will not exceed the green time saved through improved vehicular flow. 4C-2 Wurants for TnfBc Si�na! [astallatioe Traffic control signals should not be installed unless one or more of the signal warraats in this Manuai are met. Information should be obtained by means of engineering studia and compared with the requirements set forth in the wanants. tf thesr requirements are not met, a traffic signal should neither be put into operaiion nor continuec! in oparation (if alrrady installed). For the purpose of warranting signalization, a wide-median intersection should be considered as one intersection. Whea a traffic control signal is indicated as being warranted, it is presumed that the signal and all related traffic control devices and mazkings are installed according to the standards set forth in this Manual. It is further presumcd that signal indications arc properly phasod, that � roadways are propaiy desigaed, that adjacent traffic signals are properly _ coordinated, that there is adequate supervision of the optration and maintenance of the signal and aU of its related deviaa, and that the traffic signat conuopa will be selected on the basis of engineering study and judgment. 2 Vl � �'4 VNan'aat 2, Interruptian of Contiauous Traftk The lnterruption of Continuous 'Traffic warrant appties to operating cmditions where the traffic volume on a major streei is so heavy thai trfC� on a minor intersecting streec suffers excessive delay or hazard in ��ng or crossing the major streec. The warrant is satisfied whrn. for � of any 8 hours of an average day, the traffic volumes given in the tabt' below exisi on the major street and on the highec-volume minor- 5�' ;pproach to the interseccion, and the signai installatioa will not se� -±isrupi progressive traffic flow. MINIMUM VEHICULAR VOL[7MES FOR WARRANT 2 :�umt�er of lanes for moving traffk Vehicles per hour on on each approach Vehicles per hour on higher-volume mi_ itajor Street Minor Street �� $�� «� of nor-street approoch both approaches) (one directSon only) i................ 1................ 2 n- more _ . . . . . . . 1. . . . . . . . ........ '2. or more. . . .. ... 2 or more.. .... .. l ................ 2 or more........ 7b0 73 � 75 � 100 7� 100 These major-street and minor-streec volumes aze for the same 8 hours. During those 8 hours, the direction of higher volume on the minor street �aay be on one approach during some hours and on the opposite approach during other hours. When the 85-perceacile speed of major-streec traffic exceeds 40 mph in ather an urban or a rural area, or when the interseccion lies within the built-up area of aA isolated community having a population of less than l0,000, ihe Interruption of Continuous Traffic warrant is 70 percent of the requiremencs above. 4�5 Warrant 3, MinLnam Pedestrian Volame The Minimum Pedestrian Volume warrant is satisfied when, for each of any 8 hours of an average day. the following traffic volumes exist: 1. On the major street, 600 or more vehicles per hour enter the intersection (total of both approaches); or where there is a raised median island 4 feet or more in width� 1,000 or more vehicles per hour (total of hoth approaches) enter the interseccion on the major streec; and 2. During the same 8 hours as in pardgraph (1) there are 150 or more Pedestrians pec hour on the highest volume crosswalk crossing the major S[IC'ti, When the 8S-percentile spoed of major-street traffic exceeds 40 mph in either an urban or a rural azea, or when the intersection lies within die built-up area of an isolated community having a population of less than r� `� � An investigation of the need for traf�c signal control should include v►iiere appticable, at least an analysis of the factors contained in the foLlowing warrants: Warraat 1—Minimum vehicular volume. K'arrant 2—[nterruption of continuous traffic. " .irrant 3—Minimum pedestrian volume. rrant 4—School crossings. at 5—Progressive movement. .:�t 6—Accident experience. ant 7—Systems. Warrant 8—Combination of warrants. Warrant 9—Four Hour Volumes. �'arrant 10—Peak Hour Delay. � azrant 12—Peak Hour Volume. Iv-a3 (e) Iv-20 (c) Aw. 4 tC-3 Warraat 1, Mi�aat Ve6kalu Volume The Minimum Vehicular Volume warrant is intended for application where the volume of intersecting traffic is the principal reason for consideration of signal installation. The warrant is satisfied when. for each of any 8 hours of an average day. the trafFc volumes given in the table below eaist on the major sueet and on the higher-volume minor- street approach to the interseccion. An "average" day is defined as a weekday representing traffc volumes normally and repeatedly found at the tocation. MINIMUM VEH(CULAR VOLUMES FOR WARRANT 1 Vehiclea per hour on Number of lanes for moving tnffic Vehicles per hour on higher-volume mi- on each apptwch �jar sireet (tota! of nor-street appe�oach M�jor Street 1M[inor Street both approaches) (one �tirection only) 1 ................ 1............._.. 2 or more.. . ... .. l .. . ... .. . .. . ... . 2 or more. . . . . . . . 2 or more_ . . _ . . . . 1 .. . .. . . . . . . . .. .. 2 or more... ... . . � I:� G00 150 fi00� �flp ,_ -. 500 2(Ip These major-suxt and minor-street volumes are for the same 8 hours. During those 8 hours, the dircctioa of higher volume on the minor sueet may be on one approach during some hours and oa the opposite approach during other hours. When the 8S-percrntile spad of major-strat craffic exceeds 40 mph in either an urbaa or a rural area, or whea the intersection lies within the built-up area of an isolated community having a population of less than 10,000. the Minimum Vehicular Volume warrant is 70 percent of the requirements above. 2S � PLANNING COMMISBZON MEETING, APRIL 5. 1989 __PAGE 8 Ms. Sherek stated she agreed, especially with the increased cost of new construction. Maybe they should be looking for developers to redevelop and upgrade existing property. They are now talking about the Central Avenue Corridor, and there are apartment-type units along there. Ms. Saba stated they really need t e improving the properties they have now instead of lookin building new senior housing. Ms. Dacy summarized the ents as follows: The Commission is recommending the City e a pro-active approach and inventory not only vacant sit , but also potential conversion sites for redevelopment try to take advantage of existing amenities--to be more p ctive instead of reactive. The ommissioners agreed. 2. REVIEW PRELIMINARY DRAFT OF CENTRAL AVENUE CORRIDOR STUDY: Mr. Robertson.stated the Central Avenue corridor goes back in history about 100 years and has some historical significance. It certainly reflects the mixture since the County and the City started zoning in the early 1940's and early 1950's. The purpose of the study is to look at the corridor from Mississippi Street to Osborne Road, and this first part looks at Central Avenue from Rice Creek Road to Mississippi Street. They have tried to identify what the City's options are. Mr. Robertson stated that in the recent past, they have had many applications or proposals for development in this area, such as Moore Lake Commons. He stated that Moore Lake Commons is really establishing a whole new identity and an anchor in the south end of this corridor. The Moore Lake Tax Increment District extends up from Moore Lake and the area around Hillwind north to the intersection of Mississippi Street. They have private development going on, even without HRA incentive, such as the old Midwest Van & Storage site. Mr. Robertson stated there have been other proposals. The Public Works Department suggested a median on Central Avenue between Mississippi and the intersection of Highway 65, and the residents did not want it. So, there has been an ongoing sequence of 'p'�3pb3^t► i s z�4i �b�€� ��-n �� . � �:.�� � Y, �-� �s -s�e confusion. He stated staff has called it "the identity crisis". What is possible for Central Avenue's future? That is really the purpose for this study. Mr. Robertson stated Central Avenue was one of the first�paved roads in the State of Minnesota. It was called the "Sportsmans' Highway" because it led to the hunting and fishing areas to the 2T PLANNING COMMISSION MEETING, APRIL 5, 1989 PAGE 9 north around Mille Lacs Lake. Supposedly, the original concrete pavement is buried under the asphalt. Mr. Robertson stated they divided the corridor study area into segments--the portion north of Mississippi and the portion south of Mississippi, and look for problems and opportunities. What needs could they use for unifying, trying to establish an identity? One of the things that is a problem right now, but might be a potential opportunity, is the fact that this right-of-way is extremel� wide. It is 40 ft. wider than a normaZ 60 foot right- of-way, and this creates problems. They have made the assumption that no matter what alternative (predominantly residential, predominately commercial, or a rational mix) the Commission picks for an identity, there needs to be some kind of unifying element so that it gives some kind of identity and rationale and establishes some kind of visual continuity from Moore Lake to Osborne Road. Mr. Robertson stated they decided there were several things they could do. They could turn the problem of the wide right-of-way into an opportunity. If they use that wide right-of-way for a central median, they might get the same kind of objections as they got from the people across from Moore Lake. But, there are huge unused areas on the side, so maybe they should create some kind of additional landscaping by having wider boulevards on either side of the two-lane street. That is a way of providinq some kind of visual continuity. Mr. Robertson stated that because the right-of-way is so wide, they could add a bikeway/walkway very easily. Mr. Ro�sertson stated there are some isolated unsightly properties along the street and maybe they can identify those properties and key in on specific redevelopment or r-ehabilitation projects for these properties. Mr. Robertson stated Ms. McPherson and Ms. Dacy would give a more detailed description of the three alternatives they have identified: (1) predominately residential; (2) predominately commercial; and (3) a rational mix of residential and commercial. Ms. McPherson stated it had been her responsibility to do the �i :_„�� �� : ��� �h �w . ��� : ��_ � �Z�a � �r�c .af �.kae existing land use along the study. Predominately, they have two land uses: commercial and residential, including single family, duplexes, and multiple dwelling. According to the zoning, there are quite a few non-conforming uses in both residential and commercial. South of Mississippi there are quite a number of vacant lots, so they have the opportunity for new projects as well as some potential ideas for redevelopment projects. - ZV PLANNING COMMIBSION MEETING, APRIL 5. 1989 PAGE 10 Ms. McPherson stated Ms. Dacy, Mr. Robertson, and she discussed what could happen if they had a predominately residential, predaminately commercial, or a predominately mixed use development scheme. Ms. McPherson stated she would first talk about the predominately residential scheme or scenario. She stated the area north of Mississippi is strongly residential already. There are many single family homes, multi-units, the new Creek Park Addition, to the east of Central Avenue. These are some problems that could be taken care of in some spot redevelopment. One would be to potentially redevelop the Findell site into large single family home lots. Bacon Electric and �the automotive site are not necessarily in unity with the residential scheme. Bacon Electric would be relocated to a higher visible site as part of the commercial node on Moore Lake Drive. The area would then be developed with residential uses. Ms. McPherson stated the automotive site is not a unifying element in the residential scheme; therefore,.it should be relocated to an industrial park or with other automotive developments in the City. That would allow this corner to be redeveloped in a residential theme, allowing this to become an entry point for the residential development located in the Creek Park Addition. Ms. McPherson stated on the south part of Mississippi, they have the identity crisis with all the non-conforming uses. In a residential scenario, these currently non-conforming uses would become conforming and integrated into a residential scheme. The satellite fire station was designed to reflect and enhance the residential feel so th_is a good neighbor to the residential alternative. Ms. McPherson stated that even though the Advance Companies is a commercial use, again it is more of a soft commercial use with a lot of landscaping. The wide landscaped boulevard promotes the soft commercial feel. Ms. McPherson stated in the residential scenario they then have the opportunity to potentially split some of the long deep lots and create a proposed right-of-way for some streets going north/south which would allow development on the back half of these lots which would increase the residential density in the area. On the corner V1 T\7.� �Z°'�'!1 ��vRV�a �4i'Yy Vi'iiviisi i �� `i�L� .-C'-TS� .�..� -��:.��- �aL^'� commercial node that would tie in with the residential and Moore Lake Commons . Ms. McPherson stated Ms. Dacy was going to address the commercial and mixed use alternatives. Ms. Dacy stated that north of Mississippi under the commercial alternative, they would still propose the relocation of Bacon ZV PLANNING COMMZSSION MEETING, APRIL 5. 1989 PAGE 11 Electric and the removal of the automotive use because of the obsolete nature of the buildings and encourage redevelopment to a more appropriate commercial neighborhood use. Ms. Dacy stated south of Mississippi they have existing commercial zoning and industrial zoning by Ziebart and the vacant property to the west. So, under the commercial alternative, the existing land uses and the existing zoning almost promotes it. However, they would still recommend that on the east side of the street the rear of these properties could still be subdivided to access onto a new north/south street and maybe create a buffer.between the existing single family neighborhood to the east. Ms. Dacy stated the disadvantage to the neighborhood commercial alternative is what type of commercial uses are going to be located here. Are they going to be retail strip cent�r, or support commercial businesses for Moore Lake Commons, or would they be more of the office/showroom/semi-warehouse uses? She stated if the City is trying to promote a soft image for Central Avenue, those types of uses wauld not be consistent, and maybe the alternative is to encourage the "ma and pa" oriented commercial uses and the specialty retail. The impact of the Moore Lake Commons project may also be a deciding factor. For several years, these vacant properties have been zoned commercial, and they have remained vacant so that might be another disadvantage to the commercial alternative. Mr. Robertson stated that the unknown variable is the impact of Moore Lake Commons. With the increased traffic at Moore Lake Commons and more people coming into the bottom end of this corridor, is that going to create more traffic and potential for this lower part of Central, so that things like office/showroom would be feasible. Mr. Betzold stated there is also the "barrier" kind of thing, where people will go so far but will not turn the corner into an area they are unfamiliar with. People who drive to Moore Lake Commons are not necessarily going to turn the corner to these other businesses. He would never put a retail shop on the lower end of Central. Ms. Sherek stated she had a real problem "ma and pa" specialty �i�5� . i� �� � ��Ti'i� �i ����c ��C �� � � L'�i;.''.� i �#°;3�° . they do not want people converting the front of their houses to specialty shops. Ms. Dacy stated that with the mixed use alternative, on t3�e southern portion, they are looking at in filling the vacant properties on the east side with townhouses or twin homes, anything that might approach sing2e family ownership situation. They-would 2W PLANNING COMMIS8ZON MEETING, APRZL 5. 1989 PAGE 12 still subdivide the rear of the properties to create a residential mix and then have the nodes of commercial at the intersections. Ms. Dacy stated that on the west side, Mr. Brickner will be making an application for a multi-family project. Ms. Dacy stated the disadvantage to the mixed use alternative is it.might be perpetuating a mixture of uses and the whole identity crisis. Ms. Dacy stated the advantage of the mixed use alternative is if there is no real market for the commercial, why not have multiple family housing in this location. It is located near neighborhood shopping, and would be a good buffer between Central Avenue and the neighborhoods to the west. Ms. Dacy stated Mr. Dahlberg stated he would prefer the residential alternative, because of his concerns about increasing traffic on Central Avenue. He did not have a real problem with the mixed use alternative if the traffic issue can be controlled. He likes the boulevard/parkway concept but does not want a median, because it channelizes the traffic and may increase the speed. He does not see the necessity of commercial at every node, primarily at Rice Creek Road. He feels the residential alternative is more in character with the entire area and better from a traffic standpoint. Mr. Barna stated on the east side between Rice Creek Road and Mississippi, he would like to see it all residential development- -take out the little welding shop on the eorner of Mississippi and Central and the commercial complex or► Rice Creek Road and Central. He would like to see light multiple, such as a townhouse development, on the vacant property. Mr. Robertson stated that Mr. Dahlberg had said he liked the boulevard/parkway approach but not the median. One of the reasons they would do the boulevardjparkway would be because historically it would be more correct. It was originally a narrow concrete road, and they would emphasize that original character by not constructing a median. Mr. Kondrick stated he really did not have a problem with medians. If thev are not interesting� they can be a waste of time, but a creative median with trees and landscaping can be very interesting. Another thing is lighting. Lighting creates a whole different atmosphere, both during the daytime and evening. Lighting can draw people into an area and make them want to build here. Mr. Robertson stated that is one of the reasons why staff thought the best way to use that wide right-of-way is to put that _ extra ZX PLANNING COMMISSION MEETING, APRIL 5, 1989 PAGE 13 greenery and landscaping elements along the edge for uniting this mixture and confusion along the edge, rather than down the middle. Ms. Sherek stated medians are also very difficult in the winter for snowplows. Mr. Betzold stated he agreed that north of Mississippi Street should all be residential and that both Bacon Electric and the automotive business should be relocated. He would like to suggest another option for south of Mississippi Street that has not been discussed. Why not have one side commercial and the other side residential? An example is along Main Street south of I-694. On one side it is clearly all commercial activity, and on the other side it is all residential. It is just like two different worlds. why not do the same thing in this area? Ms. McPherson stated that this issue was discussed. Mr. Robertson stated there is a basic sort of principle that they should try to follow in where they break land use. They should try to break it and make the change at the rear lot line, rather than at the center ].ine of the street, and that having one use on one side of the street and another on the other side of the street contributes to the identity crisis. Also, there is the question of property values and property assessments with residential and commercial. Ms. Sherek agreed with Mr. Betzold. There is no question that one side of Main Street is residential and one side is commercial. South of Rice Creek Road is going to be commercial with the health club and the shopping center. If the opportunity is there for commercial development, they should promote it. There is such a scarcity of land in Fridley. With the upgrading of the Midwest Van & Storage property and the development in Moore Lake Commons, there is going to be some fall-out from that development and redevelopment. She would hate to see another piecemeal development in there in the meantime. To her, there is no reason why they cannot have one zoning on one side of the street and another zoning on the other side of the street. Ms. Sherek stated she did not agree with Mr. Brickner's proposal to put an apartment building in this area. Townhouses or something like that might be "o.k.", but to stick an apartment building in there when there is no other real multiples in the area is just c;��� � ����.--'�� �:�fz:� �� ���z.� -�'��r a�� �� � .� t� ,c�i�„� .a.r�v kind of identity with that type of development, nor are they going to gain any kind of identity by turning it into residential with those two solid commercial properties on either side. Ms. Sherek stated it is great to discuss further development, but her whole point of continuing the corridor study all the way-`up to Osborne is she felt the whole corridor should be viewed--as a continuum. She felt they were lacking something discussing this � 2Y PLANNING COMMZBSION MEETING. APRIL 5, 1989 PAGE 14 in depth before the whole study is done. From about Onondaga to Osborne, again they have residential on one side and industrial on the other side, but she did not think that area had as serious an identity crisis as Mississippi south with the mixture of houses and commercial uses on one side of the street. Ms. Dacy stated they just needed a place to start, and the north half of Mississippi Street to Osborne could be presented at a May meeting. Mr. Kondrick stated after hearing Ms. Sherek's comments, he does agree that the west side of Central Avenue south of Mississippi Street should remain commercial. Ms. Dacy stated Mr. Dahlberg had also suggested they look at a treatment along the right-of-way by Moore Lake Commons as far as installing a walking path down to Moore Lake Beach. Mr. Barna stated this idea had been presented before, and neither the neighbors or the property owners�want a walking path along there. Mr. Saba stated he thought it very important to do the boulevard treatment and landscaping along Central Avenue right away and tie it in with the Moore Lake Commons. Ms. Dacy stated another thing Mr. Dahlberg had stated was that there should be a traffic signal at 73rd Avenue/Central. Ms. Dacy stated staff will be including the Central Avenue study in the April 17th City Council meeting packets. The City Council will have the Planning Commission's minutes with their comments. Ms. Dacy stated Mr. Brickner might be applying for a rezoning within two weeks. After hearing the Planning Commission members' comments about commercial on the west side, she would contact Mr. Brickner and inform him of these comments. She stated Mr. Brickner is intending to have a neighborhood meeting at the end of April. Maybe at this neighborhood meeting, staff can present the three alternatives and get the neighborhood's reaction to those alternatives, depending on the City Council's reaction. Mr. Betzold stated he and the Planning Commission members appreciated staff's work and all the thought and time that went into the presentation of this part of the Central Avenue study. 5. RECEIVE MARCH 6 1989 PARKS & RECREATION COMMISSION MINUTES: MoTION by Mr. Kondrick, s ded by Mr. Saba, to receive the-March 6, 1989, Parks & Rec ion Commission minutes. ZZ Mr. Betzold stated he would also like to see notices �t the public meeting stage. He would just as soon not have a b.riefing before the meeting. Mr. Kondrick stated that 20-25 years from now,when in theory the LRT has expanded out to Anoka, perhaps Ramsey; East Bethel, etc., and more park and ride stations are necessaryr He would then think the significance of the parking lots in the�City of Fridley would be greatly diminished. He would like to �ve the flexibility so those parking lots could then be changed pack to something else. Mr. Dahlberg stated that in the Kondrick, when an area is no lonqer an option where the City or HRA can to the County and the Rail Autho; purchasing the property? � si ty, sation described by Mr. 3ed for parking, is there the property and lease it rather than the County Ms. Sherek stated this raised question raised by the Planning Commission in the early discu ions, and that was: Do they have to build all these stations a initial construction? BRW is saying they need 2,Oa0 parking spa s, but what is wrong with starting out with Northtown, Mississip i/University, 51st or Target, and then when there is the dema five years later, they build another station. Ms. Dacy stated th would have to have the land reserved under that option. Mr. Saba stated they have to be somewhat careful, because just the potential "ne d" for a parking lot in a certain area can stop or slow develop ent. Mr. Barn stated his main concern about LRT is they are talking about p lic bodies developing the parking spaces. In looking at other cities, the vast majority of parking ramps are privately owne . Why isn't the City of Fridley looking at some type of two- lev 1 parking ramp/retail development on the southwest corner with a sistance from the HRA, so that when or if the LRT does go in, hey can use the extra space for retail or whatever? 2. CONSIDERATION OF CENTRAL AVENUE CORRIDOR TMPLEMENTATION PLAN: Ms. Dacy stated the Planning Commission spent quite a bit of time discussing this last spring and summer, and it went to the Council Conference meeting in July. She thought the Counci.i members appreciated the exercise of going through the land use planning and intent. Their concern was there are other priorities in_ the community as far as development and tax increment dollars. Ms. Dacy stated that she used a diamond model to analyze the plan for improvements along Central Avenue, whether those are land use 2AA pLANNING COMISI88ION KEBTINa. NOVBMB$R 8, 1989 PAGE 8 or physical improvements. The four components of the diamond are Mission, Power, Structure, and Resources. Ms. Dacy stated they are looking at three phases over the next ten years. The components of Phase I respond to the Council's mission of land use compatibility and appearance. The components of Phase II depend on market forces to determine the timing of the various components. The components of Phase III emphasize eeonomic development and redevelopment. Ms. Dacy stated staff is asking for the Planning Commission's concurrence of this phased approach with any recommended changes. Staff's intent is to present any recommended changes and this analysis to the City Council for review and concurrence. Mr. Kondrick commended staff on a tremendous outline. Ms. Sherek stated the area from Onan north on Central Avenue is in danger of becoming a slum, and it is getting worse every year. Do they want to let that happen? There are already pockets like this in the City, and do they want to add to it? By coming up with a comprehensive plan and continuing toward systematic code enforcement, and having other plans for these properties if they should go up for sale. They need to put the plan together and have some kind of "vision" of what Central Avenue should look like. With Moore Lake Commons, there is going to be spin-off development. The Commissioners agreed. Mr. Kondrick stated they have to be very specific about what they want to see along the Central Avenue Corridor. Mr. Barna stated that whether Onan develops or not, they want to see that northwest corner changed,�from 73rd Avenue to Fireside. Mr. Dahlberg stated he did not think it was appropriate for the Commission, as a planning body, to dictate the types of development unless it is within a specified district like this is. Within a tax increment district, they can do that, but outside the district, they cannot. If Onan does not develop, then the district is reduced dramatically. They can change the boundary, but not significantly, because 70� of the land area has to be considered blighted. So, it becomes a very small area that they have any inf luence or control over . He thought a plan is good, and this outline is an excellent beginning. MOTION by Mr. Rondrick, seconded by Ms. Sherek, to accept the Central Avenue Corridor Implementation Plan as submitted by staff. IIPON A VOICE VOTE� l�LL VOTING aYE, CBAIRPSRSON BET80LD DECLARED THE MOTION CARRIED IINANIMOIISLY. - list of all of the major issues the Commission discussed�and then came up with an Evaluation Matrix for the Commission to rate the Commission's performance for each of those issues and�to rate staff's performance for each of those issues. Ms. Dacy stated she would also like the Commis, ion to go through the four issues for 1990. The Commission mi�ht have some issues to add to this list. i Mr. Betzold stated he would like to tabYe discussion until Ms. Sherek and Mr. Saba can be in attenda��e. MOTION by Mr. Kondrick, seconded Mr. Barna, to table discussion of the 1989 Accomplis ents and 1990 Workplan until all Planning Commission member are present. IIPON A VOICE VOTE, ALL VOTI G AYE, CHAIRPERSON BET20LD DECLARED THE MOTION CARRIED IINANIM SLY. Ms. Dacy stated she h also included in the agenda a memo to Mr. Burns dated January , 1990, regarding the Community Development Department's Prior' ies and Accomplisiunents for Z990/1989. She stated this is so ething Mr. Burns has requested, and it will be done on a quart ly basis. 3. Ms. Dacy tated this memo is for the Commission's information. It list the types of things they will see in the Housing Chapter of the Comprehensive Plan. Ms. McPherson and she went to this work op. It was a very helpful workshop. The Metropo2itan Cou il is very aggressive on this issue, and housing has become a riority. Jack Kemp, Secretary of HUD, will be speaking at t e State of Region address on March 7, 1990. 4. CENTRAL AVENUE CORRIDOR UPDATE: Ms. Dacy stated this update summarizes the results of the City Council's discussion at their January 8, 1990, meeting. Mr. Betzold attended that meeting. Mr. Betzold stated he thought one of the Council's main concern was that they thought the Planning Commission was advocating rezoning everything up and down Central Avenue. They articulated a number of criteria as to what kind of development they would like to see, their long range goals along Central Avenue, etc. Although there have been other discussions, this is the first time the Council has ever outlined everything they want to see along Old Central, and the information was very helpful. After a long discussion, he thought the Council agreed that they do want to do something to improve the Central Avenue Corridor, but �`hey ZC`i pLANNING COMMISSION MESTINQ. JAN. 31, 1990 PAGE 6 would like to talk to people along Central Avenue and encourage people to voluntarily rezone. Mr. Barna stated he had assumed that from previous planning documents and discussions, these were things the Planning Commission would like to see happen, not what they demand, and in reality, some of these things may never happen. Mr. Dahlberg stated he thought the Planning Commission members all feel comfortable enough with what they have done to this point to say that they don't see it as something etched in stone. Mr. Dahlberg asked if it was the position of the City Council that the Planning Commission should re-evaluate what they have done to this point and bring back new recommendations, or reject it in its entirety and leave the Corridor as it is? Ms. Dacy stated there is sentence in Phase I and Phase II that says: "After completion of the Comprehensive Plan, consider rezoning properties and marketing them as they become available." The Council recommended to delete that sentence and state that they would encourage property owners to rezane on a voluntary basis, instead of the City starting the rezoning process. 5. SENIOR HOUSING STUDY UPDATE: Ms. Dacy stated Mr. Burns' memo dated January 4, 1990, regarding "TIF Guidelines for Senior Housing" summari2es the Cou '1's informal consensus regarding senior housing financi policies. Basically, the �ouncil said that the current poli es are acceptable for senior housing projects and lis three ways the HRA currently uses to assist the projects. em #4 identifies the basic criteria for the guidelines. 6. CITY COUNCIL MEETING SCHEDULE: Ms. Dacy stated this schedule Planning Contmission's informat % . MINUTES• 0 ncluded in the agenda for the MOTION-�by Mr. Kondri , seconded by Mr. Dahlberg, to receive the November 6, 1989, rks and Recreation Commission minutes. IIPON A VOICE V E, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION C IED IINANIMOQSLY. 8. 2DD � .5 �+' >.::.-' ��, � ), �:. ` : x'. .: .,.� Vr ��li�.L.LJi�ti . N��,. ' `� 6431 1tA1tVF,RSITY AVI ., FRIDLEY, ~l�T ';- 55432' `(612) ,571-3450 � i s� �c �' t .. t' c .� 3 - 3,�g '� 4a . �qi t �°3 f �" r �'I ,y ,� � � � = b l0 � i Y+ a{ L,( - �' . t � "�^� ue �6 i3 T * .i'� �S •i� 5. a. �n � i 1 ) . �. 64 �:-,� �d . kH � t� '� �. 1. iK .. : f �,- �� ,� �� Doaimulit9-`Development Dep�e�it,- `� t: >: +. � �k ; :: �; , R � .� Y ;� , .. _ _ � �- . � _ : R�OI+lII+1G APPZ,'It3�lTI0[+T � ;:_ ,. . '- PIi�JFE[t7.'Y II1�RMATIC�J�= sits_ plan required;, for suUmitta3.s; :see attac��ed i Address: (� �S �'��, C..�. C/�/ �"�� G�' � 1� C �- �. ; ; i�. a���.�: ;,Ua �s ��;� 7i` �3 .� ��c / i�C�ir/�L� �r c:E G,� C c,� �'c��.�G.� � � _ � �. ' �. ..�- � �' � �, �: � � ��� T�w � 3 ` � .!' IAt BJ.00� j?�, w y'I'�"dC�AC�IC�ltl.�l � '" �j Qirnent zoa�ir�g: �'-�� � ��� � � � � '� � � f � a s - �, �,%.C� °;� 6�l � T ` � �� OO�CjPi� C�2 'r ', �� �� 3 h . � � �F , : _ �: � � ; ,.. � �, �+ x s" ,�_ , R�qtx�g Z - %��' � � � .,9 � �, �, t� `.� > � ° � .�: � � � :�; z ;� � Reasam for rezariixx�• '�N�����";j �� P%� y� L'/J G, � ��� �,:. _. „�,� _ ;� �; � - . , $ � ,, �,L � FEE aWt�ER � II�OR'L�TIO�T�_ � � (Corttract PuYrha.sers: . Fee �rs moust siqn this fornn .pria� to p�ooessing) ' � �/l �r1?.�4�5 �� / G/l �Il �IZ' ` An�s � �-- 1 ��GV 1 � �' /t / � 7 �vmrur� PFI�E S � � �,,�7 . � ; Sz� � - � ��ar� n��,�ta� - _ 4� ;. __ , ,. , � `�'.%�o .�1%I .d � =' �d'� / G ,� h/G ,�� � � z �v /�J �:, : � �-��iv� :�..,_ . --� - ����.��,� � SI(�ZURE � l , pATE Fee: _.....,..,.�_......$300. 00 f - �C� C'i . On _�� .................. .....,_.. ...�......,_..���� Permit ZoA # ��. �� : Receipt # 'at" � �.i� � ;. Application reoeived by: : - . Sc�eduled Planning Cce►anission date:: � / ' � Scheduled City Cauncil date: : � � � � ;a:� :s� � � � � � � .r.,,.....,�.r..............��� _ ; � �� � � � � � � 2EE� � � �� ,� � , ,, a . .. . . .. , � , .. ,� . : , �� • . .� , , PLANNING COMMISSION MEETING, SEPTEMBBR 18. 1991 PAGE 8 Ms. Dacy stated that is correct. There is an issue as to whether or not the elevation that the City currently has to enforce is appropriate. However, until that officially changes, the City has to enforce the ordinances as they are. The Engineering Department has submitted a petition to initiate the process, but this process could take a very long time. Ms. Dacy stated staff is more than willing to meet with the petitioner and contractor to discuss -the alternatives regarding the utility pipes, crawl spaces, etc:" - Mr. A1 Stahlberg, 8055 Riverview�Terrace, stated the house at 688 Fairmont Street which was built�in the early 1980's has a basement. i" Mr. Dennis Prince, 8031 Ri�erview Terrace, stated there is another house in this area with a�'basement that is definitely in the flood plain. � MOTION by Ms. Sher , seconded by Ms. Savage, to table Special Use Permit, SP #91- , by Timothy Hutchison. UPON A VOIC VOTE, ALL VOTING AYE, CAAIRPERSON BETZOLD DECLARED THE MOTION ARRIED IINANIMOIISLY. Mr. Be.,�zold stated this item will be tabled until the petitioner requ.�sts that it be put back on the Planning Commission agenda. 3. PUBLIC HEARING: CONSIDERATION OF A REZONING ZOA #91-02 BY THOMAS BRICKNER• To rezone from C-1, Local Business, and C-2, General Business, to R-3, General Multiple Dwelling, on Lot 2 and the Southerly 399 feet of Lot.3, Auditor's Subdivision No. 88, to allow the construction of an apartment building, generally located at 6450 Central Avenue N.E. MOTION by Ms. Savage, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND TIiE PUBLIC HEARING OPEN AT 8:25 P.M. Ms. McPherson stated the property is located on the west side of Central Avenue, just south of Sandee's Restaurant. The property is zoned C-1, Local Business, and C-2, General Business. There is similar zoning to the north; M-1, Light Industrial, to the south, and R-2, Two Family Dwelling, to the west. This rezoning request is one land use request that will need to be considered by the Council. The petitioner is asking that the land use question be answered first. Should the rezoning request be approved isy the Council, the petitioner will need to submit a plat in order to subdivide the parcel from the Sandee's Restaurant property, a ZFF � PLANNING COMMIS3ION MEETING. SEPTEMBER 18, 1991 PAGE 9 drainage plan with appropriate drainage calculations, and a landscaping plan. Ms. McPherson stated the petitioner is proposing a three story, 48 unit apartment building. Each floor will contain 16 units; four one-bedroom units and 12 two-bedroom units. Both above and below ground parking spaces are being proposed. The petitioner intends to live in the building and manage it. The petitioner has met with the neighborhood on several occasions and has agreed to file deed restrictions against the property to limit the following: 1. 2. � No outdoor sheds No swimming pool Restricting the number of people per unit, to no more than three persons in a two bedroom unit, and no more than two persons in a one bedroom unit Ms. McPherson stated the intent of the deed restrictions is to promote the building as an "adult" building. Ms. McPherson stated that in analyzing a rezoning request, there are three tests which must be evaluated: 1. 2. 3. That the proposed use is consistent with the district's intent; That the proposed use is consistent with the lot and structure requirements of the zoning district; and That the proposed use is consistent with adjacent uses and zoning. Ms. McPherson stated the proposed three-story apartment building is a permitted use in the R-3, General Multiple Dwelling, district. Therefore, the proposed use does meet the intent of the zoning district. Ms. McPherson stated the petitioner has submitted a site plan which meets the minimum requirements for lot area, setbacks, and provision of garage/parking spaces. However, there are still other issues that need to be addressed. These include height, landscaping, drainage, traffic, and platting. Ms. McPherson stated the apartment building is proposed to be constructed at a height of 42 feet which is below the 45 feet allowed by the .zoning district. There are poor soil conditions which will need to be corrected prior to construction of the building. The petitioner has completed a soils report; anaiyzing the soils in the vicinity of the proposed building. The petitioner's consultant has determined that with appropriate soil 2GG PLANNING COMMISSION MEETING, SEPT$MBER 18, 1991 PAGE 10 correction, the maximum height of the building will be 42 feet. The property is actually slightly lower than Central Avenue. The lowest floor elevation would be 882 feet, which would be the floor elevation of the garage space. If a person was standing on Central Avenue looking towards the proposed building, they would be able to look into the first floor of the apartment building. Ms. McPherson stated the petitioner will need to submit a landscape plan consistent with the R-3 zoning district regulations . As a condition of approval, the petitioner should be requi"red to save as many of the existing trees as possible to provide screening and buffering for the single story, two family dwellings to the west of the parcel. These trees will aid in mitigating the difference in scale between the proposed building and the surrounding structures. Ms. McPherson stated the petitioner will not until the proposed plat has been prepared. overall drainage in the neighborhood has surrounding homeowners. submit a drainage plan Concern regarding the been expressed by the Ms. McPherson stated that currently storm water in the area flows from Harris Pond located east of Central Avenue through a series of pipes to an open ditch located north of the Graystar office building at the corner of Central and Rice Creek Road. Once the ditch reaches Central Avenue, it is joined by a second ditch parallel to Central Avenue. Storm water flows from the joining of these two ditches under Central Avenue and along the north side of East Moore Lake Drive through a series of pipes. These pipes enter a series of detention ponds located in the Moore Lake Commons development area, eventually entering Moore Lake. Ms. McPherson stated storm water from the proposed development should be directed toward a third ditch located along the west lot line of the subject parcel. The design of the project will require the construction of a detention pond at the northwest corner of the property, discharging into the third ditch. Any flooding problems the neighborhood is currently experiencing due to the capacity of the downstream system will not be increased due to the proposed project. By ordinance, water is not allowed to flow off the subject parcel at a rate greater than what flows off the site in its undeveloped state. Further, Anoka County has indicated its preference to have the site drain toward the �est, and not toward Central Avenue. Ms. McPherson stated traffic issues pertain to two areas: (1) on- site and combined traffic with Sandee's Restaurant; and (2) the traffic impacted at the intersection of Central Avenue and Mississippi Street. � Ms. McPherson staff has analyzed the requirements for installing a traffic signal at the intersection of Old Central Avenue and 2HH PLANNING COMMISSION MEETING. SEPTEMBER 18, 1991 PAGE 11 Mississippi Street. Between the writing�of the staff report and this meeting, staff again consulted with Anoka County to determine exactly what the hourly counts are for Central Avenue and Mississippi Street. The last hourly counts adjusted by the State of Minnesota were conducted in 1988. While the peak hour traffic in the morning and evening hours has been increasing over the years, there would still be 2-4 hours of the minimum 8 which is required where the warrants to install a traffic signal would be broken. � Ms. McPherson stated Anoka County �will not consider the installation of a signal at this intersection until the actual vehicle volume exists. Anoka County is willing to complete the traffic counts after the project is completed and consider at that time adding a traffic signal to its capital improvement project. Ms. McPherson stated the access points with the restaurant and the proposed project need to be considered. Currently, the petitioner is proposing two driveways into the proposed project. The proposed vehicular entrance into the apartment complex is located less than 30 feet from one of the Sandee's Restaurant's parking exits. Staff recommends that the parking area for the apartment be tied with the parking area for Sandee's Restaurant to reduce the number of driveways. This will limit the traffic conflicts on Central Avenue. Anoka County has also suggested that one of the two driveways to the project be eliminated. Staff recommends that the southerly driveway be eliminated. Further, a driveway connection to the Sandee's lot should be made. Staff will recommend this on the plat request as well. Ms. McPherson stated that, currently, the subject parcel is legally combined with the Sandee's Restaurant parcel. In order to separate these parcels, a plat will need to be created and approved by the City Council. The platting process should be completed if and when the rezoning request is approved. The second reading of the rezoning would not occur. until the plat was completed and construction had begun. Ms. McPherson stated the last test of the rezoning is to evaluate the compatibility of the proposed use with adjacent uses and zoning. While the rezoning request has met the first two tests, there are several advantages and disadvantages to approving the request: • Disadvantages The proposed rezoning request would continue the mixed land use pattern which currently exists along the west side of Central Avenue. Currently, there are three developed properties: Sandee's Restaurant, the Advance Companies (M- 1), and the Ziebart facility (M-1). The remaining undeveloped properties are zoned commercial and CR-1, General Office 2�� PLANNING COMMISSION 1rIEETING. 88PTEMBER 18, 1991 PAGE 12 District. North of Mississippi Street, the land use on the west side is predominately residential and then industrial north of Rice Creek. The proposed rezoninq would locate a higher density population near the M-1 zoning district. While the use of the property by the Advance Company has relatively low impact industrial use, it is possible that a higher intensity industrial use could locate in that location. Other homeowners in the area have complained about noise from Sandee's Restaurant and Moore Lake Commons development. � There is also the issue of scale and the visual impact that the proposed apartment building may have on the neighborhood. The building will be the largest and tallest structure which exists in the area and may emphasize the mixed use nature o�f the west side of Central Avenue. Advantaqes The proposed rezoning request does meet all requirements of the zoning district and may have a minimal impact on the neighborhood. While the proposed building will be the tallest structure in the area, the R-3 regulations.provide adequate setbacks between adjacent structures. There will be approximately 120 feet between the proposed apartment building and the adjacent structures. The intent of the district regulations is to mitigate the impaet of scale between various structures. The proposed use would generate less traffic than a commercial use such as a restaurant, and there are no extended hours of operation. The vehicular activities of the building would be buffered by the building itself due to its "L" shape design, which forces the vehicular activities toward Sandee's Restaurant and Central Avenue. In addition, the apartment building is a collector street (as opposed to an interior residential street), near shopping facilities, and on a transit line. Staff also questions whether additional commercial development will be generated as "spin-offs" from the Moore Lake Commons development, and whether retaining the existing commercial zoning on both sides of the street will be compatible with the residential areas (compatibility issues were raised during the Moose Lodge request). There is adequate commercial space in Moore Lake Commons for neighborhood commercial uses to locate, and to serve the area. Ms. McPherson stated that as the rezoning request meets the intent of the district, the lot and structure requirements of the district and the advantages outweigh the disadvantages regarding 2JJ PLANNING COMMISSION MEETING, SEPTEMBER 18, 1991 PAGE 13 compatibility of the proposed rezoning with the adjacent uses and zoning, staff recommends that the Planning Commission recommend approval of the request to the City Council with the foilowing stipulations: l. A plat shall be submitted and approved by the City Council. 2. A drainage plan and preliminary calculations shall be submitted in conjunction with the plat application indicating a pond in the northwest corner and the drainage directed to the west property line. 3. 4. A permit shall be approved by the Rice Creek Watershed District prior to issuance of a building permit. A landscape plan in conformance with the ordinance shall be submitted in conjunction with the plat application. 5. Existing trees shall be maintained along the west property line to provide buffering and screening, and shall be protected during construction. 6. Deed restrictions prohibiting outdoor sheds, a swimming pool, and limiting the number of persons per dwelling unit, shall be recorded against the property prior to issuance of a building permit. 7. � An overall parking and access plan with Sandee's Restaurant shall be submitted with the plat application. The southerly driveway access shall be eliminated on the site plan. Mr. Tom Brickner stated staff has put together a very complete report together. He stated there is a real need for this type of apartment building for the empty nester people without children. He stated the stipulations are aeceptable to him, and he is willing to answer any questions the Commission might have. Ms. Modig stated she is very concerned about the drainage problems that already exist in this area. She has a real problem with the apartment building and underground garage and the drainage situation. Mr. Brickner stated the parking will be higher on the front side and the lot will be pitched to the back so the water runs to the holding pond in the northwest corner and then south so the water is not running onto Central Avenue. Ms. Dacy stated that via this application, Anoka County has also stated that they do not want any more water coming toward Central 2KK �LANNING COMMI88ION MEETING, SEPTEMBER 18. 1991 P�GE 14 Avenue. So, no matter who develops on this site, a developer is going to have to tip the site back to the pond and submit calculations that prove that the rate of water runoff equals or does not exceed the rate of runoff from the site in its undeveloped condition. Ms. Modig stated that it seems like an act of futility, because the water in this area just does not drain. There is already so much water going into Moore Lake, and this water will go into Moore Lake eventually. Ms. Sherek stated that realizing this property is adjacent to Sandee's Restaurant and is undivided now, is any of the property being proposed for division currently part of Sandee's parking area? Mr. Brickner stated that City staff has been working with the owner of Sandee's to eventually put a green area long Central Avenue, and that would take away 6-8 parking spaces. However, if they turned Sandee's parking the other way and ran it parallel in line with the proposed apartment building and the apartment building's parking, Sandee's would not lose any parking. There could also be some cross easements for overflow parking. Mr. Brickner stated he is proposing 48 parking stalls inside and 42 parking stalls outside, and he did not believe the outside stalls would ever all be full. Ms. McPherson stated the parking requirements are based on 1 1/2 stalls per one-bedroom unit plus an additional 1/2 space for each additional bedroom per dwelling unit. Ms. Savage stated that in terms of the amount of parking that Mr. Brickner is required to have, she could foresee a parking problem. Mr. Brickner stated they will not do anything to attract families with children. He and his wife will be living there and managing the building. Mr. Saba stated that every apartment building owner starts out with good intentions; but what happens 10 years from now? What will the conditions be like then? Ms. Sherek asked if deed restrictions with respect to occupancy in rental property legal and enforceable? � Ms. Dacy stated this was discussed with the neighborhood and the intent was to restrict the number of people, and she believed the federal issues are with the age of the people. The petitioner would be limiting the number of occupants as opposed to the age of the occupants; however, the City Attorney has not checked the legality of this limitation. 2LL PLANNING COMMISSION MEETING, SEPTEMBER 18, 1991 PAGE 15 Ms. Sherek stated if it is legal, then who is going to enforce it? Ms. Dacy stated it would have to be recorded against the property, and the owner of the property and management will have to enforce it. The City has a licencing procedure that every rental building has to meet which must be renewed annually. However, those procedures traditionally have pertained to fire and building codes. Ms. Sue Rau, 1341 - 64th Avenue N.E., asked if the City of Fridley really needs another apartment building. She gave to the Commission members an article which appeared in the Fridley Sun Focus dated August 14, 1991, stating that Fridley has one of the highest vacancy rates of 20 large metro area cities from April through June of 1991. Brooklyn Park, Brooklyn Center, Maplewood, and Fridley had the highest vacancy rates. Ms. Jackie Calderom, 6401 Central Avenue N.E., asked if the City is going to rezone the property first and then work on the other problems that could occur. She did not quite understand why they are not taking some of these other problems, such as drainage, before the rezoning. Ms. Dacy stated that the petitioner has asked that the City consider and decide whether or not it thinks an R-3, Multiple Family Dwelling district, is appropriate in this particular application. No matter who develops the site, the grading has to be meet the ordinance, and the access points have.to be reviewed by Anoka County. If the City Council approves the rezoning, when the City rezones a property, it takes an ordinance which is approved via two readings. Typical policy has been that the Council will approve a rezoning on first reading but hold up the final approval until, in this case, another plat application comes through with more detailed plans. So, the City Council would have the plat process plus the second and final reading of the rezoning to determine whether or not the site plan meets all the ordinance requirements. The intent of this initial process is for the Planning Commission and City Council to consider whether or not going to R-3 is a good idea in terms of general land use. Ms. LaVonne Kowski, 6391 Central Avenue N.E., stated that Mr. Brickner has told the neighborhood that it is either the apartment building or an addition onto Sandee's Restaurant for a rental hall. Is this true? Mr. Brickner stated he has been looking at alternatives for the use of this property and adding onto Sandee's Restaurant is his second choice. Ms. Barb Edwards, 1403 - 64th Avenue N.E., stated tha� the petitioner is proposing an underground garage. What type of-soil testing has been done to determine the water level under this 2MI1�1 PLANNING COMMI88ION MEBTING, 8$PTEMBER 18, 1991 PAGE 16 property and whether an underground garage can even be built without being under water? Ms. Dacy stated Mr. Brickner submitted a soils report conducted by Suburban Engineering. Suburban Engineering took soil boring test holes around in the area where the building is going to be constructed to determine depth to the ground water. They then made a recommendation based on the various depths. Soil carrection will be needed, but they will be able to construct an underground garage that is above the water table. Again, additional soil borings and structural requirements will need to be submitted. Mr. Brickner stated the property will have to be raised to get good and proper drainage. Ms. LaVonne Kowski, 6391 Central Avenue, stated that if this rezoning progresses, is there any way for the neighbors to meet with the City Engineer to see what has been proposed as far as a drainage plan? She is very concerned because she has water in her basement which is a crawl space. There are a lot of problems with drainage in this area, and this development is going to affect them. Ms. Dacy stated that the plat process is also a public hearing process and the public is invited to attend. Ms. Jean Schwartz, 1372 - 64th Avenue N.E., stated that if the rezoning is approved, and the project is later denied because of the drainage issues, or whatever, is the property then zoned R-3? Ms. Dacy stated that if something falls apart during the plat process, under the Council's typical policy, the property would revert to the current zoning because the second and final reading of the ordinance has not occurred or been approved. Mr. Mark Mattison, 6421 Central Avenue N.E., asked if Mr. Brickner was going to put up any kind of barrier to provide some privacy for the homeowners across Central Avenue. He stated the current commercial activity is during the daytime and it is gone when he comes home at night. If the property is rezoned to residential, then people will be coming and going at all hours of the day and night and car lights will be shining into his windows. Mr. Brickner stated there will probably neighborhood. There at night. he believed that with the residential usage, be less lights shining into the residential shouldn't be a lot of activity or traffic late Mr. Mark Schwartz, 1372 - 64th Avenue, stated that the last traffic count was in 1988 before the Moore Lake Commons development._ Not counting the rush hour traffic, but all the other traffic, it seems that the traffic has about doubled since the construction of the 2NN PLANNING COMMISSION MEETING SEPTEMBER 18 1991 PAGE 17 Moore Lake Commons deveiopment. Even though Mr. Brickner's intentions are good, it is going to be hard to get older people to rent; and in order to make the payments, he is going to have to rent to anyone because of discrimination. He believed it is going to end up being 2-3 single people per apartment with 2-3 vehicles. Ms. LaVonne Kowski, 6391 Central Avenue, stated it is a near impossibility to go either north or south from 64th Avenue onto Central Avenue from 7:00-9:00 a.m., and there is a definite rush hour traffic pattern from 3:30-5:30 p.m.. It will be difficult for the apartment building renters to get out onto Central Avenue also. She did not believe barriers forcing traffic north or south has not been looked upon kindly. There are a lot of vans coming and going from the Advance Company at 6400 Central Avenue, yet that type of traffic is not noticeable. If a commercial use such as that went on this property, it would not have as significant an impact as the proposed apartment building. Ms. Kowski stated that regarding the rezoning, the three homes on the east side of Central Avenue are going to be heavily impacted with a huge apartment building. Even with only three homes across the street, it is not fair to have that piece of property rezoned for multiple dwelling. When they purchased their homes, that piece of property was not zoned multiple dwelling, and they would not have purchased their homes if it had been. She stated she is not against progress, but she has a fear of apartment buildings and what can happen with them. Ms. Doris,Bergman, 6435 Pierce Street, stated she lives directly behind Mr. Brickner's property. She stated the neighbors on Pierce Street are not objecting to the rezoning and the construction of an apartment building. Mr. Stanley Dubanoski, 6423 Pierce Street, stated he also lives directly behind the proposed development. He hopes Mr. Brickner builds the building. There are trees on that lot that are 150 feet high. If there is ever a tornado, those trees could destroy their homes. Ms. Jackie Calderom, 6401 Central Avenue N.E., stated this is a good neighborhood, and they do not need or want this apartment building. Ms. Sue Rau, 1341 - 64th Avenue, stated they want housing for anyone that needs it, but not in this area where there are drainage problems already. Mr. Mark Mattison, 6421 Central Avenue, stated that in looking at the compatibility of zoning, he did not see any reason to put residential zoning in the middle of commercial zoning. �e is concerned about what the apartment building will look like in 10- 15 years as compared to a commercial building. He is concerned 2�� PLANNING COMMISSION MEETING. SEPTEMBER 18. 1991 PAGE 18 about how this rezoning will affect his property vaiue. The drainage is always going to be an issue. An apartment building is going to cause more problems with traffic and lights. He would like the Planning Commission to consider recommending that this property remain zoned commercial. Mr. Mattison stated that�if the grade of the property is raised 4 feet, there is a strong possibility that the remaining trees won't survive. Mr. Doug Johnson, 6388 Pierce Street, stated he is also concerned about an apartment building on this property. If the deed restrictions are leqal and enforceable, that would take care of some of the concerns; however, he doubted that is the case, even with a bond requirement or something to aid in the enforcement. Mr. Johnson stated that Mr. Brickner has said he intends to own and live in the building. That is great, but many owners/ developers start out by owning/occupying their buildings, but as another project comes along, they move out into a newer building. Mr. Brickner stated this is his retirement home. Mr. Doug Johnson asked Mr. Brickner if he had looked at the possibility of building candominiums where the units are individually owned. Mr. Brickner stated he did not believe a condominium project would be saleable in this area. There are too many choices for condos in areas with other amenities. This property has the amenities for rental property. He stated he has a very good track record in Fridley, he has lived up to the stipulations put on other projects in the City, and he will build a building that Fridley can be proud of. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:55 P.M. � Ms. Modig stated there are so many zones in this area, and she can see no reason to put in another one. There are too many problems with the parking, drainage, traffic, and the way the apartment would look in among the commercial. She realized that there is R- 3 zoning only a couple of blocks away, but they would just be creating another mix in this area that is not needed. She stated she cannot support the rezoning request. Mr. Sielaff stated he believes this is an acceptable use. � The stipulations appear reasonable and the petitioner is agreeable to 2PP PLANNING COMMISSION MEETING. SEPTEMBER 18, 1991 PAGE 19 the stipulations. He stated he would vote in favor of the rezoning. Mr. Saba stated he looked at this as spot zoning. As a Commission they have to consider that whole.area in terms of what they want to see there, rather than to allow different developments until they end up creating a mishmash of zones. He is also concerned about the density the apartment building would add to the area. He stated he thinks very highly of Mr. Brickner as a developer and has the highest regard for any development he does; however, he is concerned about the future when the building would be sold. Every apartment building after a period of time ends up affecting the crime rate and affecting adjacent property owners. He stated he cannot support the rezoning. Ms. Sherek stated she has very serious reservations about the drainage and whether deed restrictions with respect to occupancy are legal or enforceable. Ms. Sherek stated the Commission has given serious thought and discussion to this piece of property in the past, including a comprehensive study in 1989 on the Central Avenue Corridor from. Moore Lake to Osborne Road. It was the Commission's discussion at that time to maintain this property as commercial property, especially in view of a number of public hearings that have been held with neighbors over other previously proposed uses for the� area. Multiple dwellings were on the list of types of developments that the residents do not want in this area. Based on that and the unanswered questions with respect to drainage and what will happen to the property in the future, she would vote against the rezoning. Ms. Savage stated this is a difficult decision, but she agreed with Mr. Sielaff. She believed there are enough safeguards built into the proposal. She stated the Rice Creek Watershed District will also look at this proposed project closely and, ultimately, the drainage problems may be improved. As long as the stipulations are closely monitored and other concerns are taken into consideration, she would vote in favor of the rezoning. Ms. Sher.ek stated that if the Commission recommends approval of the rezoning, it might be appropriate to stipulate that the petitioner post a long term bond to make sure the drainage is effective. Ms. Dacy stated this is also required as part of the building permit. Mr. Betzold stated that no matter what goes onto this property, the drainage issue will have to be addressed, but there a`re no guarantees. He would hate to see them criticize this plan on the issue of drainage alone. 2QQ PLANNING COMMISSION MEETING. SEPTEMBER 18, 1991 PAGE 20 Mr. Betzold stated he also has a lot of respect for Mr. Brickner, who is trying to do what he thinks best and what is in his best interest. He stated he has problems with the rezoning request. It is too bad they cannot go back and undo the mistakes that have been done along this stretch of land and the different zoning districts. Zt is possible they might never be able to develop all this commercial as it is zoned, but he did not think it was appropriate to have part commercial/part residential �oning. He would vote against the rezoning. _ MOTION by Ms. Modig, seconded by Ms. Sherek, to recommend to City Council denial of rezoning request, ZOA �91-92, by Thomas Brickner, to rezone from C-1, Local Business, and C-2, General Business, to R-3, General Multiple Dwelling, on Lot 2 and the Southerly 399 feet of Lot 3, Auditor's Subdivision No. 88, to allow the construction of an apartment building, generally located at 6450 Central Avenue N.E. IIPON A VOICE VOTE, BETZOLD, SABA, SHERER, MODIG VOTING AYE, SIELAFF AND SAVAGE VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED BY A VOTE OF 4-2. Ms. Dacy stated that on September 30, 1991, the City Council will establish the public hearing for October 21, 1991. 4. RECEIVE AUGUST 9, 1991. PARKS & RECREATION COMMISSION MINUTES: % MOTION by Ms. Sherek, seconded by Ms. Modig, to recei�✓'e the August 9, 1991, Parks & Recreation Commission minutes./ QPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRP� N BETZOLD DECLARED THE MOTION CARRIED IINANIMOQSLY. 5. MINUTES: MOT ON by Mr. Saba, seconded by . Sherek, to receive the August 8, 1991, Housing & Redevelopme Authority minutes. IIPON A VOICE VOTE, ALL VO NG AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANI USLY. 6. RECEIVE AUGUST 0 1991 ENVIRONMENTAL UALITY AND ENERGY COMMISSION MI TES: MOTION by Mr. S' laff, seconded by Mr. Saba, to receive the August 20, 1991, Env' onmental Quality and Energy Commission minutes. IIPON A VO E VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTI CARRIED IINANIMOUSLY. 2RR CITY OF FRIDLEY ANORA COIINTY� MINNE80TA NOTICL OF HEARING ON A88ESSMENT FOR BTREET IMPROVEMENT PROJECT NO. BTREET 1990 - 3 Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 21st day of October, 1991, at 7:30 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvements, to-wit: � STR$8T IMPROVEMENT PROJBCT NO. STRBET 1990 - 3 The proposed assessment roll for each of said improvements in the total amount of 599,928.01 is now on file and open to public inspection by all persons interested, in the office of the Clerk of said City. The general nature of the improvements and each of them is the construction of street improvements including installation of concrete curb and gutter, aggregate base course, bituminous paving, parking lot, and related appurtenances located as follows: 67TH AVENIIB, OARLSY STREI3T & SPRINGBROOR NATIIRE CENTER The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the residing officer at the public hearing. A property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: the property must be homestead property, and the owner must be at least sixty-five (65) years of 3 Page 2- Notice of Hearinq on Assessment for Street Improvement Project No. Street 1990 - 3 age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the f inal assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds two (2) per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return. The deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part that further deferral is not in the public interest. The assessment roll as presently calculated shows an assessment of SlAmountZ for 1Legal Description) under Street,Improvement Pro,j ect No. Street 1990 - 3 to be assessed over ten (10) years at seven and one-half (7 1/2 %�, percent interest. The property owner may pay the total special assessment to the City of Fridley within thirty (30) days of adoption of the assessment with no addition of any interest. If the entire special assessment is not paid within the thirty (30) day period, but is paid before November 30th in the year in which the roll is adopted, interest is charged from the date of the adoption of the assessment to the date on which the assessment is paid. Partial payment of an assessment which is not less than ane-haif thereof, provided that such partial payment shall in any event be in a sum of at least One Hundred Dollars ($100.00), may be made within thirty (30) days of adoption of the assessment. If a partial payment is made, the original assessment will be reduced by this amount, and the remaining balance shall be certified for collection as a part of the original assessment roll. If the assessment is not paid by November 30th in the year adopted, the first payment of principal and interest will be included.on the following year's tax statement. To the first payment shall be added interest on the entire assessment from the date of the adoption of the new assessment through December 31 of the following 3A Paqe 3- Notice of Hearinq on Assessment for Street Improvement Project No. Street 1990 - 3 year. To each subsequent installment when due shall be added interest for one year on the balance of unpaid principal. The entire remaining balance of an assessment subsequent to the current year's payment may be paid at any time after the first year, but the payment on the yearly tax statement does include interest to December 31, of that year. DATED THIB DAY OF , 1991 BY ORDER OF THE CITY COIINCIL OF THE CITY OF �RIDLEY. ATTEST: SHIRLEY A. HAAPALA - CITY CLERR 3B AILLIAM J. NEE - MAYOR CITY OF FRIDLEY ANORA COQNTY� MINNSSOTA NOTICE OF HEARING ON ASBE88MENT FOR WATER, SANITARY SEWER & BTORM SEWER PROJECT NO. 210 Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 21st day of October, 1991, at 7:30 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvements, to-wit: WATER, SANITARY SEWER & STORM SEWBR PROJECT NO. 210 The proposed assessment roll for each of said improvements in the total amount of 535,395.50 is now on file and open to public inspection by all persons interested, in the office of the Clerk of said City. , The general nature of the improvements and each of them is the construction of water mains, sanitary sewer and storm sewer and related appurtenances located as follows: 67TH AVENUE L%TENSION AND OARLEY; STREET The area proposed to be assessed for said improvements and each of them is all that land benef ited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the residing officer at the public hearing. _ A property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to the deferral of special assessmerits for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: the property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. � Page 2- Notice of Hearinq on Assessment for Water, Sanitary Sewer & Storm Sewer Project No. 210 The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for th� special assessment exceeds two (2) per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return. The deferra2 will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part that further deferral is not in the public interest. The assessment roll as presently calculated shows an assessment of S�Amount) for (Leaal Description� under Water, Sanitary sewer & Storm Sewer Project No. 210 to be assessed over twenty (20) years at seven and one-half (7 1J2 %� percent interest. The property owner may pay the total special assessment to the City of Fridley within thirty (30) days of adoption of the assessment with no addition of any interest. If the entire special assessment is not paid within the thirty (30) day period, but is paid before November 30th in the year in which the roll is adopted, interest is charged from the date of the adoption of the assessment to the date on which the assessment is paid. Partial payment of an assessment which is not less than one-half thereof, provided that such partial payment shall in any event be in a sum of at least One Hundred Dollars ($100.00), may be made within thirty (30) days of adoption of the assessment. If a partial payment is made, the original assessment will be reduced by this amount, and the remaining balance shall be certified for collection as a part of the original assessment roll. If the assessment is not paid by November 30th in the year adopted, the first payment of principal and interest will be included on the following year's tax statement. To the first payment shall be added interest on the entire assessment from the date of the adoption of the new assessment through December 31 of the following year. To each subsequent installment when due shall be�added interest for one year on the balance of unpaid principal: The . � Paqe 3- Notice of Hearinq on Assessment for Water, Sanitary Sewer & Storm Sewer Project No. 210 entire remaining balance of an assessment subsequent to the current year's payment may be paid at any time after the first year, but the payment on the yearly tax statement does include interest to December 31, of that year. DATED THIS DAY OF � 1991 BY ORDER OF T$E CITY COIINCIL OF THE CITY OF FRIDLEY. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLEAR � CITY OF FRIDLEY ANOKA COUNTY, MINNESOTA NOTICE OF HEARING ON ASSE5SMENT FOR TREATMENT AND REMOVAL OF TREEB 1991 Notice is hearby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 21st day of Oc�ober, 1991, at 7:30 o'clock P.M. to hear and pass upon all objections, if any, to the propose3 assessments in respect to the following improvement, to-wit: TREATMENT AND REMOVAL OF TREE3 1991 The proposed assessment roll for each of said improvements in the total amount of 225.00 is now on file and open to public inspection by all persons interested, in the office of the Clerk of said City. The general nature of the improvements and each of them is the treatment or removal of trees located in the City of Fridley as follows: Pin No. 03-30-24-42-0073 Lots 29 & 30, Block 6 Sprinq Brook Park The area proposed to be assessed for said improvements and each of them is all that land benef ited by said improvements or each�of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the council will consider written or oral objections to the proposed� assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessmer►t hearing or presented to•the residing officer at the public hearing. A property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: the property must be homestead property, and the owner must be at least sixty-five (65) years of �� Paqe 2- Notice of Hearinq on Assessment for Treatment and Removal of Trees 1991 � age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds two (2) per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return. The deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. The assessment roll as presently calculated shows an assessment of S(Amount�, for (Leaal Description) under Treatment and Removal of Trees 1991 to be assessed over five (5) years at seven and one-half (7 1!2 �Z percent interest, The property owner may pay the total special assessment to the City of Fridley within thirty (30) days of adoption of the assessment with no addition of any interest. If the entire special assessment is not paid within the thirty (30) day period, but is paid before November 3oth in the year in which the roll is adopted, interest is charged from the date of the adoption of the assessment to the date on which the assessment is paid. Partial payment of an assessment which is not less than one-half thereof, provided that such partial payment shall in any event be in a sum of at least One Hundred Dollars ($100.00), may be made within thirty (30) days of adoption of the assessment. If a partial payment is made, the original assessment will be reduced by this amount, and the remaining balance sha1T be certified for collection as a part of the original assessment roll. If the assessment is not paid by November 30th in the year adopted, the first payment of principal and interest will be included on the following year's tax statement. To the first payment shall be added interest on the entire assessment from the date of the adoption of the new assessment through December 31 of the following 5A Paqe 3- Notice of Hearinq of Assessment on Treatment and Removal of Trees 1991 year. To each subsequent installment when due shall be added interest for one year on the balance of unpaid principal. The entire remaining balance of an assessment subsequent to the current year's payment may be paid at any time after the first year, but the payment on the yearly tax statement does include interest to December 31, of that year. DATED THiB DAY OF , 1991 BY ORDER OF THE CITY COIINCIL OF THE CITY OF FRIDLEY. ATTEST: � WILLiAM J. NEE - MAYOR SBIRLEY A. FiAAPALA - CiTY CLERR 5B 9 r _ � - J DATE: TO: FROM: SUBJECT: Community Development Department P G DrviSION City of Fridley October 17, 1991 William Burns, City �tanager Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #91-29, Skyline Veterinary Hospital; 6220 Highway 65 N.E. Attached please find the above-referenced staff report. Several variances have been granted: * * * * Miller Funeral Home - 80 feet to 55 feet; July 1967 Brickner's Office Condominiums - 80 feet to 55 feet; February 1985 Sinclair Station - 80 feet to 45 feet; no variance record Skyline Veterinary Clinic - 80 feet to 55 feet; November 1968 The Chanticlear Pizza building (now Video Revue) meets the 80 foot se�back, and the setback for Maple Lanes is unknown. A question was raised at the October 7, 1991 City Council meeting as to•the exact setback of the Brickner Office Condominiums. Darrel Clark, Chief Building Official, measured the setback at 57.5 feet from the back of the curb. There is one foot between the curb and the property line. The parcels have been zoned General Shopping Center since 1958 (see attached zoning maps). The original letter designation for the C- 3 district was C2S. The Appeals Commission voted unanimously to recommend approval of the request to the City Council. MM/dn M-91-750 � � � C�� �F FR(DLEY REQUEST PERMIT NUMBER APPLiCANT PROPOSED REQUEST LOCATION STAFF REPORT APPEALS DATE sePt�ember 17, 1991 PLANNING COMMISSION DATE CITY COIAVCIL DATE october 7, 1991 SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LANO USES & zorvwG urnmEs PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #91-29 AUTHOR �1S Ken Speltz; Rich Kleinaa 'Po reduoe the front yard setback fr�n 80 feet to 48 feet 62�0 Highway 65 20,121 sq. ft.; 15� existing 1ot ooverage, 21� proposed C-3, General Shopping Center C-3, General Shopping Center Denial Approval � tN£R � L_!1 � I � ,,.. ' �N i � I � WFST � 1-_ __"__ � 33 � VAR ��91-29 Skyline Vet. S �/2 ��C. /3, � ClTY OF FR/Ol 14 /O ' s•�> /7 ny. J itY )lI � rr.� ,' �H� �' � "'"•..' � D.sisN.'i , AN ��� AUO ■ � ya A so � : WO� c� .f � 24 sB LOCATION MAP �.°� •]►`II►�tt�►��/!\= Staff Report VAR #91-29, 6220 Highway 65 N.E. Page 2 A. STATED HARDSHIP: "Remodeling would be too cost prohibitive without the variance." B: ADMINISTRATIVE STAFF REVIEW: Request The petitioners request that a variance be granted to reduce the required front yard setback from 80 feet to 48 feet. The request is for Lot 2, Block 1, Herwal Second Addition, the same being 6220 Highway 65 N.E. Site Located on the property is a single story brick commercial building currently used as a veterinary haspital and boarding kennel. The property is zoned C-3, General Shopping, as are all adjacent properties. Analysis Section 205.15.03.C.1 states that all permitted buildings and uses, except automobile parking and loading spaces, driveways, essential services, walks, and planting spaces shall not be closer to any public right-of-way than 80 feet. Public purpose served by this requirement is to provide desired front yard space to be used for green areas and to add to the attractability of a commercial zone. The required front setback in the C-3, General Shopping, district is 80 feet. However, variances to 55 feet have been granted for the subject parcel, the Miller Funeral Home to the south, and the Moore Lake Office complex to the north. The petitioners are requesting a greater variance to 48 feet which will allow the subj ect building to encroach a greater distance toward Highway 65. The purpose of the front addition is to provide a larger waiting reception area and additional office space. The petitioners, in addition to the proposed front addition, are also proposing an addition to the rear of the building. The petitioners have the option of adding the needed space to the rear of the building without requiring a variance-� In addition, the petitioners have reasonable use of the property without granting the variance. No additional parking spaces will be required; the site provides adequate parking for the facility including the addition. . � Staff Report VAR #91-29, 6220 Highway 65 N.E. Page 3 Recommendation As the petitioners have reasonable use of the property and have an alternative which allows them to meet Code, staff recommends that the Appeals Commission recommend denial of the request to the City Council. Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the request to the City Council. City Council Recommendation Staff recommends that the City Council deny the request as the petitioners have reasonable use of the property and can meet the Code. � 6E M .-� ��'ir � !/ �y ,�I,,�/ �. f/'Ff+ll��ry���f /�l���f �' r �.���. 0 0 eV � .eo'S ■. 1 •� '��'��'.� �•� •� �� •.•e �'4.•ti •4 •'�� � •a-' �•4'y, ,00'OOI - .-,.: ���� .:; .:,.:;.:; :-; � � �;�;�,;;; ;��� ;;-':'; � ;; . M I. 4. �. M.� �. f i?��'t'�� h.� �:��:• ;. ���� �;�F��, �' �:�j:i �;� ' ,�' :'/` :�/'.'!�: r r f � � 3 d � A .� f f�}r�? r�� ����i�,,. � ;� ;��+ ,� � 1+> �`f�/ ��� I `l !,��i!,�;`� � f�J���, .t .k .t .� .` .� .* .� .� �, , .ti .` .` .` .`'.ti .` .t'.41 : �� -,'•.'•: •: •,'•; •: •t �t1 {: ^' .`•.t•.4 .i .t .� .` .,. `' � T — .t•.`'.4 .4 .; .` .t .' .`� .�- . -; � � �,0o'0£�E j;; � i �- � .� :; �__ � - - -1 �: � .� "' I � �--� — — — _ - - -'� L a � n ;'I N I � — — — — l —� — � � � � 1 � �--- '--- _`_J �,---�-------- aaaaias� a�eba� 100.00'- s � - N � O� � u .p o': E-� U � �' N p',+.'Z^ 11 � ,b .,.�� . i� � � ~ w �+ � ,�'O� � Q' °�' p ,u O �+ � a �i VAR 4�91-29 Skyline Vet. A -9/ 6 S' STING FLOOR PLAN VAR ��91-29 Skyline Vet. ., � � No ¢ }O FL x > � e P�'.�POSED FLOOR PLAN r-- CITY OF FRIDLEY 6431 UIVIVII2SITY AVENf7E N.E. . FRIDIEY, I�IId 55432 � doa�mmity Developmarit Dep�trtane2lt (612) 571-3450 �..�_�........__.,._....�.�.��_...... V�►RZANC� AP�I�tQ�TIO�T F�O�S �.....,....r.,. PRDPER7.'Y II�o�TIO�i - site .,, _ I,egal descri.ptlOri: required for subaaittals; see attac�ed ��� �7 � ���.� : C ��� �3�-� � I 1.l.Jl. D1l�R / 11Gl�il./L'16�+1.11..1�1 �� /J22� ����J �0 GZirrent zoning: t-�� �,li��- Square foatage/aGreage ,�(�_�.pc^ �ason for variaix�e arid han7s�nip: _--� fr,Q��., G�.-�,�Q� � c.�� ��� �-/-c.�=-�.�`� (��-�-�.-� o��-= sectian of City C�ode: %S� �S�• D=j �. � .r�..r�.....r�.�.....r.r.r�.�.�..r.r�..r vl��. �^"-`` lo ��JcQi��1,�j -��/p � 5�0�.�',.�,�Y�il �' . �' • ia�• � i • •+ ►� • • '�% (Contract Puz+c,t�asers: Fee Owners must sign this form prior to prooessing) �rr i � � . � AD�RESS ���r� /�c�e.i i � � y� �' -< r .�c. ,� �S�'Z� 3 �-- oAVm7� PHONE �� ��� p' �, SIC�'IURE pA� � �-- n ,• �� � ��s �-,�, _ =�-� �—,� szc�� � / _�___�_����_��__�__ Fee: $loo.00 S 60.00 7ti J� /C�.-,�-<� n��t�rn� � �/�� �� �' Z,= _.__ - � � �� �. for residential prop�rties Permit VAR # � � ` Z � Rereipt # 't`� � ��- � � Application received by: Scheduled Appeals Cammission date: 9 Sched.uied City Council date: e s� CITY OF FRIDLEY APPEALS COMMISSION MEETING, SEPTEMBER 17, 1991 ...... ... ............ _........,.... _ ...... ..........,....................., ......... ..........,. _ .......,....,........... _ .,..,..............,..,.... ................,. _..,................ CALL TO ORDER• Chairperson Savage called the September 17, 1991, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Diane Savage, Ken Vos, Cathy Smith, Carol Beaulieu Members Absent: Larry Kuechle Others Present: Michele McPherson, Planning Assistant Bruce & Suzanne Hanley, 132 Alden Circle Richard Kleinow, Skyline Veterinary Clinic Ken Speltz, Skyline Veterinary Clinic APPROVAL OF SEPTEMBER 3 1991 APPEAL5 COMMISSION MINUTES: MOTION by Ms. Smith, seconded by Dr. Vos, to approve the September 3, 1991, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOIISLY. l. CONSIDERATION OF VARIANCE REOUEST, VAR #91-29, BY KENNETH SPELTZ AND RICH KLEINOW SKYLINE VETERINARY HOSPITAL: Per Section 205.15.03.C.1 of the Fridley City Code, to reduce the required front yard setback from 80 feet to 48 feet to allow the construction of an addition, on Lot 2, Block l, Herwal Second Addition, the same being 6220 Highway 65 N.E. MOTION by Dr. Vos, seconded by Ms. Smith, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND TIiE PUBLIC HEARING OPEN AT 7:31 P.M. Ms. McPherson stated this property is located north of West Moore Lake, west of Highway 65, and directly north of the Miller Funeral Home. The Moore Lake Office condos are located directly to the north. The property is zoned C-3, General Shopping, as are all adjacent properties. . 6J APPEALS COMMISSION MEETING, SEPTEMBER 17, 1991 PAGE 2 Ms. McPherson stated the variance request is to reduce the front yard setback from 80 sq, ft. to 40 sq. ft. to allow an addition to the front of the veterinary hospital. The property currently has a variance from 80 feet to 55 feet as do the Miller Funeral Home to the south and the Moore Lake Of f ice condos to the north . The petitioners are proposing a new waiting area, storage space, and larger reception, office, and lounge areas. They are also proposing an addition to the rear of the building. One of staff's alternatives is that the petitioners bui2d all the additional space to the rear of the structure which they can do without a variance. Ms. McPherson stated.the petitioners currently have reasonable use of the property without the variance so denying the variance would not constitute a taking. However, the site would provide enough parking for the facility if the additions are constructed. Ms. McPherson stated that as the petitioners have reasonable use of the property and have an alternative which allows them to meet the Code requirements, staff recommends that the Appeals Commission recommend denial of the variance. Mr. Ken Speltz, Skyline Veterinary Clinic, stated they are requesting to make some internal changes in the front part of the building that can't be made anywhere else in the building, because they can't move their reception area or waiting area to the rear of the building. The majority of what they need has to be in the front part of the building. To move the internal changes to the middle or the rear of the building is literally impossible. The addition to the rear of the building is for more boarding area. Since they already have a 55 foot variance, they are only asking for an additional 7 feet. In looking at some of the other setbacks � in this area, the setbacks vary, except for the three properties which are the same at 55 feet. Mr. Richard Kleinow, Skyline Veterinary Clinic, stated they do not have reasonable use of the property, because they cannot put the office space in back of the building without reversing the whole plan. The denial of this variance request would add a huge financial hardship on them. Ms. Savage asked if there is any way to expand to the side of the building on the south. Mr. Speltz stated that would be a possibility, but expanding to the south would interfere with the turning radius for the parking area along the north side of the property line. This driveway is also the only entrance they have to the parking area. Mr. Kleinow stated that with the proposed plan, they will only lose one parking space. If they expanded to the south, �hey would`lose about six parking spaces. With the proposed plan, they will lose � APPEALS COMMISSION MEETING, SEPTEMBER 17, 1991 PAGE 3 a little green area in front, but they will be putting on a new modern front which should add to the aesthetics of the area. Mr. Speltz stated they have been in this location for 22 years and have not done a major facelift to the building in that time, and now is a good time. He believed what they are proposing will look good. Ms. McPherson stated she had done some research of other front yard setbacks in this area. Maple Lanes is very close to the street, but it was built in 1958 and there is no record of a variance. Video Update (former Chanticleer Pizza) meets or exceeds the 80 foot setback, and Sinclair Station is about 45 feet from the street. Mr. Kleinow stated that, currently, they have a large sign out front. If they take down the sign and put nice lettering on the entrance to the building, would that help aesthetically? Maybe that is something the City can consider. Mr. Speltz stated the owners of the Miller Funeral Home have�no problem with the variance request. Tom Brickner did have an objection initially, but after the plan was explained to him, he no longer objected to it. Mr. Speltz stated that as far as losing green area, part of the front yard landscaping is rock, so with the addition, they are looking at only losing about 1 foot of green area. Ms. Savage stated that if the variance is approved, will this satisfy the petitioners' need for more space or will they have to look for another site in the near future? Mr. Speltz stated they are outgrowing their space, but this addition would be fine for at least another 10-15 years. They like this area, they have built up a good reputation in this area, and people know where they are. MOTION by Dr. Vos, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:55 P.M. Ms. Smith stated she would be inclined to vote in favor of the variance request. The property is very well kept. The additional 7 feet would not make much difference in the appearance of the property, other than to upgrade it. She did not see that a 7 foot variance would create any problems and did not think the building will look much different after the expansion. � Ms. Beaulieu stated she agreed with Ms. Smith. 6L APPEAL3 COMMISSION MEETING. SEPTEMBER 17, 1991 PAGE 4 Dr. Vos stated he did have some difficulty with the hardship, because it is essentially a hardship of economics and growth. There isn't anything unique about this property that makes it possible only to go out to the front, except how the building was designed originally, which is that the waiting or reception area cannot be in the rear or on the side of the building. He stated he will vote in favor of the variance for the following reasons: (1) Skyline Veterinary Hospital has been a good neighbor in the City of Fridley; (2) There are no objections from the property owners of the buildings to the south and north; and (3) This is not a large expansion, and they are really only going from 55 feet to 48 feet. Ms. Savage stated she agreed. It is a very attractive building and the area in front of the building is well kept. She agreed that. this amount of expansion is not going to have a big impact on the appearance or aesthetics of the space. MOTION by Dr. Vos, seconded by Ms. Smith, to recommend to City Cauncil approval of variance request, VAR #91-29, by Skyline Veterinary Hospital, per Section 205.15.03.C.1 of the Fridley City Code, to reduce the required front yard setback from 80 feet to 48 feet to allow the construction of an addition, on Lot 2, Block 1, Herwal Second Addition, the same being 6220 Highway 65 N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on October 7, 1991. � 2. SUZANNE HANLEY• Per Section 205.07.03.D.(3 .(a) of the Fridley City Code, to reduce the required rear rd setback from 25 feet to 18.7 feet, to allow the construc ion of a three-season porch, on the west 130 feet of Lot 31, uditor's Subdivision No. 77, the same being 132 Alden Circle E. MOTION by Ms. Beaulieu, seconded by\Ms. Smith, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHA RPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING PEN AT 8:00 P.M. Ms. McPherson stated this property is 1 cated at the intersection of Alden Circle and 71 1/2 Way, nort of the Riverwood Park Subdivision. The property is zoned R-1, Single Family Dwelling, as are all surrounding parcels. 6M � � � . Community Development Department I_'�_ _z_�� � 1 � City of Fridley DATE: October 17, 1991 1� � . TO: William Burns, City Manager �' , FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Approving a Change in Street Names, from Viron Road to Highway 65 East Service Drive Historv Viron Road between Fireside Drive and Osborne Road on the east side of Highway 65 was constructed in 1966. It was named Viron Road after a name of a company that was building structures/ homes to be placed on the moon. Strite Anderson also located in this general vicinity and adopted the 7585 Viron Road address. Viking Chevrolet, the chiropractic clinic, and Bass End Trail Shop used Highway 65 street names. Our records indicate that a Highway 65 street name was also assigned to Rocky Rococo's; however, they are using a Viron Road address. This issue was brought to the approximately 10 years ago, and that time objected to the street Current Request attention of the City Council the owner of Strite Anderson at name change. Attached are letters to Supreme Tool Inc., Rocky Rococo Pizza, and Kurt Manufacturing Company, who bought the Strite Anderson building� three years ago. Supreme Tool leases space from Kurt Manufacturing. Mr. Mozman from Supreme Tool contacted us on September 18, 1991 and stated that he had no objection to the street name change. We have not heard from Kurt Manufacturing or Rocky Rococo. We will try and obtain verbal confirmation of an opinion one way or another prior to Council action. Recommendation Given that there is a street name confusion along this particular road and given that other service drives along Highway 65 and University Avenue are named similarly, staff recommends that the City Council approve the proposed resolution changing the name of Viron Road to Highway 65 East Service Drive. ` BD/dn M-91-760 r� �. A . !Jl . �/ • ^ �� : i; �1 e f���'1_ 1 : •'S� �.3604) I', �s�lPc�%Lvinbii <o�„Psny J fa) I �ood � %Q�//1!�/C c �: �� Q �� --�_ � �� � ry � � � �1) 21 t, � �� ; : I7 `� • • . �" �I'A !,� � •"' � ....y �I �_ 7 . ' 2o i[ !1� . . . .:.-.:-,w� ��i � �.-!o°— _ _ _200_ _ i �: � S�eZmen�G �; .* i:~ /� � f� � � '�` CITY �� �so o � <iri/L Hic�ran � � � � /� y � `' • I . ��� � � 0 . � �) ;, Z (, � �•�i`,+ , y� � ` �/2�� �b�j �� 'b ; �� ,�`� ,� � :; 3 2 FR1 ,e � �+J ,' /1 � : o .�o � � M ; ��..,.s o� .� �: �� � A DE /. .. ,• �J . 00 200 { .� �� 470.20 1 ����` . . . . ~ / 1 � i � �I � z r a S' � � _ Z � �� F- � W Q � 1 4 � j ri�ls-s�� L; � � u s/ �h�s��fJ �►' ., Q : ,:_��,., � Za0 31{ i �" k � •✓Jl Jr SJ �' . �X �: � � ��� 3 �j�!' � (i�• �� � � �i ' .. ff J! � ��� °! 1 � r � 4 �� 9 (� so/ /rr �►-�. (c j � f�. � �� r; (z4o) 5��� 1 '� DEVELOPM ,y , o '4 L. . . . 670. 7 A ��) (L �io/ Yir�a� Rrd! '%�r0/ � �`� � /,�ye/ -�' , _ �_ suo��o f A Ce�i/d E � ,cb���sn � N.�soJ N �p�'lL, 0 ,o h �,q _ FIRESt . -°�f � � � I (4J % � ( JJ7./o ^ (� % A I � � � _ �- � � �r� o� �e. A .�iooif ; sSlo% � IL1� *I � I / (4Zo �tli//v� � Ovim<l{i �Q� I3 �d . _ _ CtTY OF FRtDLEY FR[DLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FR[DLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 October 8, 1991 Mr. John W. Kvidera Kurt Manufacturing Co. 7585 Viron Road NE Fridley, MN 55432 RE: Proposed Street Name Change From Viron Road To Highway 65 East Service Drive Dear Mr. Kvidera: I have enclosed a copy of a proposed resolution that the City Council will be considering at a public hearing meeting on October 21, 1991 in the Council Chambers of the Civic Center. This proposed resolution will change the name of Viron Road to Highway 65 East Service Drive. The City would like to hear from you regarding this proposed change, as you are one of the businesses that use Viron Road as their mailing address. The remaining businesses along Viron Road already use Highway 65 as their mailinq address. If the proposed resolution is� adopted, the change wouI.d be effective on or before January l, 1992. We would like to have your opinion on this proposed change, before the public hearing on October 21, 1991. If you have any questions regarding this matter, please feel free to contact me at 571-3450. Sin rely, � � / t,, J DARREL G.CLARK Chief Building Official DGC/mh Enc: 1 [i �� r �` _ � CITY OF FR! DLEY , r, � l ,�' � � 1 4�,;; ���i � ,- FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (6l2) 571-1287 September 17, 1991 Supreme Tool Inc 7585 Viron Road NE Fridley, MN 55432 RE: Proposed Street Name Change From Viron Road To Highway 65 East Service Drive Dear Sirs: I have enclosed a copy of a proposed resolution that the City Council will be considering at a publ�.c hearing meeting on October 7, 1991 in the Council Chambers of the Civic Center. This proposed resolution will change the name of Viron Road to Highway 65 East Service Drive. The City would like to hear from you regarding this proposed change, as you are one of the two businesses that use Viron Road as their mailing address. The remaining businesses along Viron Road already use Highway 65 as their mafling address. If the proposed resolution is adopted, the change would be effective on or before January l, 1992. We would like to have your opinion on this proposed chanqe, before the public hearing on October 7, 1991. If you have any questions regarding this matter, please f�el free to contact me at 571-3450. Sincerely, � ����``� C��L'1.,� '! �` ;: 1 DARREL G.CLARK Chief Building Official DGC/mh Enc: 1 7C � r° _ _ CITY OF FRI DLEY FRIDLEY MUN[CIPAL CENTER • 643I UNIVERS[TY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 September 17, 1991 Rocky Rococo Pizza 7601 Viron Road NE Fridley, MN 55432 RE: Proposed Street Name Change From Viron Road To Highway 65 East Service Drive Dear Sirs: I have enclosed a copy of a proposed resolution that the City Council will be considering at a public hearing meeting on October 7, 1991 in the Council Chambers of the Civic Center. This proposed resolution will change the name of Viron Road to Highway 65 East Service Drive. The City would like to hear from you reqarding this proposed change, as you are one of the two businesses that use Viron Road as their mailing address. The remaining businesses along Viron Road already use Highway 65 as their ma.iling address. If the proposed resolution is adopted, the change would be effective on or before January 1, 1992. We would like to have your opinion on this proposed change, before the public hearing on October 7, 1991. If you have any questions regarding this matter, please feel free to contact me at 571-3450. Sincerely, ��. .. ,� �� , , .� �� , /�-� l DARREL G.CLARK Chief Building Official DGC/mh Enc: 1 7D � BUILDING INSPBCTZON DIVISION MEMO �IO TO: John Flora, Public Works Director a Da m nity Development Director 1�M0 FROM: re C arc, h ef Building Official MEMO DATE: August 28, 1991 REGARDING: Change in Street Names Please find attached a proposed resolution which when adopted by the City Council will change Viron Road to Highway 65 East Service Drive NE. This proposed change has been discussed with the Fire &. Police Departments and it is agreed that since the majority of the businesses use Highway 65 in their advertising, as their address, that we should change the street name to avoid any confusion. This resolution would affect Friendly Chevrolet -7501 Hwy 65 NE; Supreme Tool Inc - 7585 Viron Rd NE; Bass Pro Shop-Trails End -7597 Hwy 65 NE; Rocky Rococo Pizza -7601 Viron Rd NE; and Fridley Chiropractic Clinic - 7699 Hwy f5 NE. I would recommend that this resolution be adopted as soon as possible so that we can notify the businesses and get the City records to agree on business addresses. DGC/mh ATTACH: 1 7E RESOLDTION NO. 1991 RESOLDTION RSNAMING VIRUN ROAD TO HIGHWAY 65 EAST SERViCE DRIVE WHEREAS, Viron Road runs generally in a north-south direction on the east side of Highway 65; and WHEREAS, address numbers are being used that would be consistent with addresses on the East side of Highway 65; and WHEREAS, a majority of businesses on Viron Road already use Highway. 65 as their business address; and WHEREAS, the Police and Fire Departments of the City of Fridley concur with the proposed name change for the general safety and welfare of the area residents; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley: 1. That all of Viron Road be renamed Highway 65 East Service Drive; and � 2. The City Finance Director is hereby directed to register said street name change with the appropriate authorities of Anoka County and the United States Postal Service as well as other affected parties; and 3. That this change will take effect immediately. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - Mayor SHIRLEY A. HAAPALA - City Clerk m 7F CITY OF FRIDLEY M E M O R A N D O M TO: WILLIAM W. BURNS, CITY MANAGER �� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: MINNESOTA LAWFIIL GAMBLING PREMISE PERMIT APPLICATIONS FOR THE LION�S CLUB OF FRIDLEY IN MAPLE LANES DATE: OCTOBER 16, 1991 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for the Lion's Club of Fridley in Maple Lanes, at 6310 Highway 65 Northeast. The Public Safety Director, James P. Hill, has approved the gambling permit. The Minnesota State Statutes requires the adoption of a resolution approving or denying any type of gambling of permit. 0 8 RESOLUTION NO. - 1991 RESOLIITION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE LION�S CLUB OF FRIDLEY WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Lion�s Club of Fridley; and WHEREAS, the location of the Premise Permit for the Lion�s Club of Fridley is the Maple Lanes at 6310 Highway 65; and WHEREAS, the City oi Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Pr.emise Permit to the Lion�s Club of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK : � FOR BOARD USE ONLY LG214 BA3E # _ r nr�ro'� PP � - - � � ,, . _, , ,. FEE . Minnesota Lawful Gambiing � CHECK I : Premises Permit Application �-. Part l� of 2,:: � �"� - DATE=` ,1 s, ' � . . . � . :� iaGl�.::Q.R � .; '� s� .x 1 �:�855 Of Pf9f11�SA5 P8R11�t -.� '� � d�?�-�% � �rv' .:� s � a � i8fl8W8� ' � � ; v ,.. ,-. � ' : (C�IOC�C Ofl@� . � '� � ; , . . � .. ,. . _ . . . Organizadon base I'�cense number i3 OU ,3U� [] ? A'($�400) P�1-tatis; 6pboards. paddlewheels. raffles, bingo � Premises permit numbe� U d� � B($250) Pull-ta�. tipboards. paddlewheels, raffles ❑ Nev�► ❑ C (3200) 8ingo only - • Q D ($150) Raffles only §�°"� . . � .�' � - Name of Organiza6on - � ` : , : � ., � � . � �., 1--1 U N�.1 G L �!S :; �j F,:�R 1 n C.£ `( - Bus ness Address of Organization. -$treet or P. O Box (Do not use the address of your gambGn9 �9�I - p /( ��I �L '.� .'1 :fr / i� � �E`I MN 3's�u3�- N�k c�l.� �7f C' Name of chief executive officer (cannot be you� gambGng manage� Title DayGme phone number �3F �NiE �.(.S.S n_ NE T�`TE � R�SIDEMi� (G��) S7/-a �3� Bingo Occasions : If applying for a class A or C permit. flll in days and beginning & ending hours of bingo oocasions: No more than seven bingo occasions may be conducted by your o� anizatton per week. " - Day Beginning/Ending Houis � Day Beg[nntng/Endiag Hours Day Heginntng /Ending Hours - t,o to tn � � � _ to If bingo will not be coaducted. check here (�) '"T^ Is the premises located within ay Gmits? [�j Yes O No If no, is township � organized 0 unorganized p uninoorpora�d City and Counry where gambling premises is located OR Township and Cou�ty where gambling premises is bcated if outside of ary Gmits � ('�i Dt-E'� �4 i'vc�KA. ( �R (O��Y M AJ �J43 � Name and address of legal owne� of premises City State T.ip Code f R�fJL�Y (ZEc��A-'tt��►.-cs� R�lc,�. cv - F R� O�.i�Y M w ,r.�`�,/3a Does.your organization own the buil�ng where the gambling nfiil be oonducted? p YES � NO If no, attach the folbwing: • a copy of the lease (form LG202) with terms for at least one year. � ' a copy of a sketch of the floor plan with dimensions, showi�g what portion is being leased. - A lease and sketch are not required for Class D applications. Raaress c:�ry atate cip coae � �v� c� `% A 1u�KA � 1' �(� I�Lf�Y MN� 3��Y3 1 : :3 Minnesota Lawful Gambiing Premise Permit Application - Part 2 of 2 eank Name Bank Acaount Number ��2io��� s�-r�T� ��wr� :�ya�y�1 n ress iy tate p .M�- �tLt.�A►�. �NIL�IAr+�S G7dd P4a - A «�v� �v:�. FRiD�.��l ,nn�;3`,��13� �4ssls�r- G��n.M�f i4-R l F� F-(A � P�Z � G t-� y� n�a Ka- s r. �v �, � Q �Di�Y n�: � s,�-`I �a. �ssr s7. �A�. �n,a��; cxamdnng site eutnonzauon •1 am the chief executive officer of the organization; 1 hereby oonsent that local law enforcemeM officers. the :.� �ume full responsibil'ity for the fair and lawful ope�a- board or agents of the board. or the commissioner,of: ;: , �� of alt aativities to be conduded; revenus or public safery� o� agents of the oommissioners, ,,� �� familiarize+myseff with the laws of Minnesota� may enter the premises to enfo�ce ttie law. � _ � Bank Records Information � goveming lawful gambling and rules of the board and agree. if licensed, to abide by those laws and n�les, The board is authorized to insped the bank records of the including amendments to.them; gambting accous►t whenevec necessary to fu�{I ,. .�y ��es in �application informatwn will be submitted :. �. requirements of current gambling rules and law �: ` � ': to the board and local unit of govemment within 10 days � Oath _ of the change; and I dedare that: , � •I understand that failure to provide required info�mation •I have read this application and all information submitted o� praviding false or misleading information may result in to the board is true, accurate and complete; the denial or revocation of the license. •all other required information has been fully disdosed; . _ Signature f chief executive officer Date � o.,/ —9/ �d: y�'<;��.xw.•<:�:;��,��, •� � �. :t• ` { 't � <. ....• <. fi.. t•..•.: f . !A - l��."�.:�7!"e�2t1T. . . - �C' .• ', . , .. .�. . l� ., . � A��rf�»x '�l/.ox.» ,,,s✓ �>r,:+•. . .a.. w.o-.c ./.o:. .r.�::�r' svws. .. .. . .. .. �axanC��»wd6aotx�aaw . . . . . . , . . . - . . . . . . . . . . . . . ,. .. . .: , .. �" . .� �. .. . . . . . , ��,:� .. .. _... ...< � .. .., . . .,. � •. ' ..'_ :.. ' .... if�° :;� -^ y i: ". i ':ZLc'� D' 1� i .., ✓�''�t ,r"s`Kt �. . _ ... 1 7.... :.. .. 1: The c' `must si n tfns �' '� 4 A cocw of the bcal unrf'of qovemmeriYs re�lutbn ao= ity g appiicatwn rf the gamblmg prem.. S� provinq this`a��i�cat%n must be�aftacFied to th�s'a�piication ises, is located within aty I�mits.. .X .- � � f 3� #�����{� , , .. ,<��;..��-5 if th�s appficaUo�. �s denied by the local untt of government, � ; 2. The county "AND township" must sgn th�s applicat�on d�� �� �.- - � ,,; d should`not be submitted to the Gambling Controi Board. the gambling premises is located wdhin a township. �' �- � 3. The bcal unit government (city or county) must pass a Township• By sgnature bebw, the township acknowledges resolution specifically approving or denying this application. that the organization is applying for a premises permit within township limits. Cit * or Count *" �,� . � � Townshl� ** �xt f �, _ � ; " r� - � ; : i � ty Oi CiOU►Ity 8(Il@ s� " e � �ct.rr � `r ��x 's ��k� �w 1z 'v _. ,p�A Af �'�.E! �s'`'h� �" � S � 7: g� �;i� �' `: � �� ��r � �������a�v �Toumsh+��p Name �-�� ,. �. € ,. �. �.. ,� � � Yk f �y..- � i '�, ; r '�,,.�a�:4 f �� r '+b�'�..'�.�wi,T�. ' x'wr��"�?s ��,i-.i�1�# � Ys:- c+Y� r�� "�*.",1, ���:y s`: '. �•.. � �; .; . , . ` �` �. .. 4 .y, "� . i,sy[' 'it�,t`+,T4k y"'ty,n,.., ,�' yS'�'��'3.i�'y�... �.L 3$7 �„�f ..:�• ��.,s,� 'n r _ �' ,. � rv .. , '.ti, ' V �. . ... ...� ... r. ''.;,r"kfi'1.{a-<�., zC� F E;.i�-�d^-.2�.?t. ��. ^=.r u�.:,�Y«ea�) �'�n:�•< ^;`N3'��d:. }x�..���.,�-?s�;.'.r} ����+`� � +t.",�'�,'i.!. -�, ..<,-t.'pd�'ix �� .� �s .q��tyQ.tr,.. � . a.rt � x aA�:t§t� 3�' t:.Kx z$.� �.-e4�s-t y�y��. . i � , . � . � Sign �k on reoe' _ g a caUon :w � sY r�'�€'�5�.�',.�.��. �S�gnature of person reoe�nn9 ePP��raUon`" F`, �.`�. �- a r " ` > -� . { ' , � = ti � . �,� } � � r��� � ; . t_ � � �,:r ,r � ' �5 �. � X S . � ,1. ^3.}r ! '4 3 �F iL .. Y �nC,`.., �is F� k�� ,+r �s'j r % . �! . :.:.. _ � / � ,aa4.�,..:::.r € G� �„� 5 7� .��:'' �� .Ft',�i�;��"� � x.d��',�{,.zn' �i �:;. '> r � . - '" � '# r � � t: R.s i ��: T� * ,°.r,�-< - . . . . Date Recewed �� , Title�� � Date Received ," , � , �� I � '6�`�� ` ' 'I ' ` i� Refer t�, the instructwns for required attachments �� { , %, , . . _ • . . . . f� Y I . . 4} . _ . . . ... . . � . . .. . . . .. . . . .. . . . . . .. _'� . �r. .. 1 ? , n . , . _... . . . _�.'Cr . .. . . u. . . . . . _ . . . , i . . . . . Ma�l to. •:. Gambl(ng Conuol Board. .. , . � ;� .� � r � "= x� f , Rosewood Plaza SoutFi� 3rd Floor �` �� , � y,'': `� ' s. ���' _ ' x * ; ` 1711 W. County Road B '��� ` ` ` `' Roseville� MN 55113 r.8� . LG214(Part 2) . , . . (Rev7r29+�1j . . . _ . CITY OF FRIDLEY M E M O R A N D U M /� . � �d TO: WILLIAM A. BURNS, CITY MANAGER �• i FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR 3UBJECT: MINNESOTA LAWFQL GAMBLING PREMISE PERMIT APPLICATIONS FOR THE LION�S CLOB OF FRIDLEY IN ROPERS LOIINGE & RESTAURANT DATE: OCTOBER 16, 1991 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for the Lion's Club of Fridley in Ropers Lounge and Restaurant, Inc., at 3720 East River Road. The Public Safety Director, James P. Hill, has approved the gambling permit. The Minnesota State Statutes requires the adoption of a resolution approving or denying any type of gambling of permit. 9 , � RESOLUTION NO. - 1991 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE LION�S CLIIB OF FRIDLEY WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Lion�s Club of Fridley; and WHEREAS, the location of the Premise Permit for the Lion�s Club of Fridley is Ropers Lounge and Restaurant at 3720 East River Road; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to the Lion�s Club of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK � 9A LG214 n��► Minnesota Lawful Gambling Premises Permit Application - Part 1 of 2 � fienewal Organization base I'�cense number R �0 � DCn Premises peRnR number O �� � FOR BOARD USE ONLY BASE # PP # FEE CHECK INITIALS oa� Class of premises permit (check one) ❑ A($400) Pull-tabs. tipboards. paddlewheels. raifles, bingo � B($250) Pull-tabs. tipboards. Paddlewheels, ratfles ❑ C ($Z00) &ngo only ❑ � ($150) Raffles oniy , �y°". :s'�:: • . �'� -. .:��.I�`�.: :OQ.�'�'C�� > . � ; �.: ..,.�-:.:::;;: Name of Ocganization . �1drv's c�ur� dF F�IncEy Business Address of Organization - Street or P. O Box (Do not use d�e address of your gambling manage►) �`( n� N .s--.�- y 3� xecudve officer (cannot be your gambGng manager) Ti Daytime phone number �� �! t� .� � ' eZ t� :3 � If applying for a class A or C peimit. flll in days and beginning & endiug hours of bingo occasions: No more than seven bingo occasions may be conducted by your or�anization per week. Day Begtnning/Ending Houra Day Begtnntng/Ending Hours Day Begi�uiing /Ending Hours to to to tn to to _- to � If biago �vill not be coriducted. checi here �:_ _ t- - - � ' %."':nf?}:•::4:ti{�._ .r!.vV:.:i:�'"4iiti:'•i'v:^"f.•:4rr'rXeY}:tititi•"•%'.:•::ti-0'v:v"t5.-U�' A4.' V--- r 4:4�'� . Yf --- :lNti_ " - R- Yrff . - . •� a .. - ame o esta ishment w re gam ing nnl treet ss (do not use a post o �ce box num R� �F�s ���� N�E � R�. �� : 3,�d �l�ST �'lU� I� Rn ts the premises located within ary limits? L�J Yes O iVo If no, is township � organized 0 uncxganized p uninaorporated Ciry and County where gambling premises is located OR Township and County where gambNng premises is bcated if outside of ary Gmits ��Z I� ��`� 1� n�u K A � F'R ! ID � E`i M M ��'rY 3,� Name and address of legal owner of premises Ciry . State Zip Code `�dRIC �� IUI�� t,ow a���14.�A�r•n,e�x,u� a.v,e�c�,� - M P� � r�N �s t�y��9�� �. `; Does your ofganization"own the buldng where the gai �: if no. attach the following:_' . � _ S Copy Of 1hB IB85e {fVrm ��.xvc� w�u�: wrms wr "' • a oopy of a'skefch'of the floo� plan with dunens :>_ . . . -; .; A lease and sketch are not'required for Class D�a p' YES �;.[$I..NO'�' .:;. �.,,�;� L r . ., t leasi one``year : ` ..r. x �is; showu�g�what pohion is being tease P6cations'�';:. " ' , ,�.r..-�,:..-.,,..:�,�__�,,.;...,.;.,..:...:-:m:.:. �,,..:...�...:s:,..:....: ..... ..... .r . .:..... ...:.... ..... • ...... .:......,.... ....:.. . . . . , . . .. ..... . A ress Ctry tate p ,- Co 7��r P(.A ZA Cu ��rF �.r �� �R9DL�`i. M N'�.: 3'�4 3� . . 9B . ,. - � � ` `` Minriesota Lawful Gambiing Premise, �Permit Application .- Part 2 of 2 ` ... � - � �' xi� r'r ^ :S�i.t.'� �,";���a '��f$?�.r � .,.... . .. . . . _ •., .' . ��: �. ..., .. i� �, ., . • . y: t �y� ; +r.�.•.�. .. - � .MK S . .{A� : .i47�R ' :� ; !� . •:,�:. r�� Bank Neme - ` �`" ,6ank AocouM Nuniber ;: y t � F.l� l D 1.�E Y �'S TA- ^l'E Y x�(3A�i K,. 3� f.l 9' p G ;��. �-�. �� ,, �.� ress . . _ � � �,:: �ry tate . p .�t � c r , � . . " \ , 3 .: �y .P .' �'- S� J Y - --� r3 is V:�► �v',��RS �i � Y '«�,4=�� ' '�iv�F�� ° .�jK�l�� Ot,3 `�`- =M K `�ts�3'`�! "�.�� �' i� : `S ' ox � . mia �'� .".u•f, .v."{}.'�wc rrss.so� :Kc'<v vN. ..ty _ � . C�- . . . . . . . .a�w ,�� F����• . ' ' a,.,_ _ . •.�.'' , ` ... .. r � 4 } � .' +' . �„ '4x. �� r � -it� � �,�'I..�Y'! . 4 �+ � 7 =` '�� _ - ::�. . � r > t `� � r't.: '� i:�7' i ri %�4 + „ � �Y •{ a {� J�` ( 'f5��l� �:�;: '-�F �_�:' C4 " : �__. � �: :� 1 T � .:>' i'�Hn,y4 ... 'W ��I:I�AMk :�,V�'(LL'IAMS, .4,G7o"d PLA214 Cf�` Vfi NE.�F�eID�'�Y MN SJ'4 1.. `ASStiT��"iNI , ,., . , �L-�l�! l-�AUPE2T <aL����{• �.IVUk� ST: IVE. F�21DLE`( :MN :S3Y32� /�1sTGA� �F . � A' . . .' .: Y ' � ' ... ., .. . ..' '. . AY.�::�'��,�.,�'����,.�rf.��` . .,_ ... Gam , g-S te Au � o �, on �.��.� ��s t 1.� -: I hereby�conseM that-loca� faw�enforcemeM offioers. the `�r - ': board or agems;of the tioard. or the commiss�oner of K k= _.' revenue or public sa`fety,`or agents of the oommisswn`s"rs. =: � �4 r.-: x t may ente� the premises to enforce the.faw �°; ����``° � ��, -� ; Bank Records Info=iaatioa . � ' �' ' The board is authorized to i�sped the bank��ecords of the gambting accouM wheneve� necessary to fu�ill requirements of cunent gambiing rules and law. Oath 1 dedare that: •I have read this appiication and all information submitted to the board is true, aocurate and oomplete; •all other required information has besn fully disdosed; Signature of chief ex ive officer ° �_ �����---�� 1. The city •must sign this application 'rf the gambling prem- ises is bcated wfthin aty limits. 2. The county ••AND township•• must sign this application if the gambling premises is bcated within a township. .. 3 The locai unft overn nt ' , yv�nrnm� www� yamoung anv ru�es oi [ne ooara ana �.� x ;; : .. . -,. ; agiee, if lioensed� to abide by those laws and riiles. =' including amendments to them; •any changes in application information will be submitted to the board and bcal unit of government within 10 days - of the change; and : •I understand that failure to provide required information or providing faise or misleading information may resuft in the deniai or revocatwn of the t�cense. Date � �o - � y— 9/� 4. � coRy of the local unR of governmeM's re�lution au-' orovinq this a��tication must be attached to this a�plicati�n 5. If this application is denied by the bcal unft of government, it should not be submitted to the Gambling Control Board. g me (c�ty or county) must pass a Township: By signature below, the township acknowledges resolution specificaliy approving or denying this application. that the organization is applying for a premises permit within ` township limits. City*_ or County** Townshid'* . j , � i . _ _ `. ������ r ' a li tion - � G--�DLi Date Fieoeived / l� :/ � `- % Reter td the instrucxions for required attachments. Mail to: Gambiin� Control Boa�d Rosewood Plaza South, 3rd Floor 1T11 W. County Road B Rosevllle� MN 55113 Township Name Signature of person reoeivin9 application Tide Date Received 1 9C LG214(Part 2) lR��nast) CITY OF FRIDLEY PLANNING COMMISSION MEETING,�OCTOBER 2, 1991 �����������������������_����������������������������������������� CALL TO ORDER• Chairperson Betzold called the October 2, 1991, Planning Commission meeting to order�at 7:30 p.m. ROLL CALL- Members Present: Members Absent: Don Betzold, Larry Kuechle Brad Sielaff Sue Sherek Dave Kondrick, Dean Saba, (for Diane Savage), Connie Modig, Others Present: Barbara Dacy, Community Development Director Jim Hill, Public Safety Director Steve Billings, Councilmember William Burns, City Manager Randy Thompson, 1115 - 2nd Avenue South, Mpls. See attached list APPROVAL OF AUGUST 21, 1991, PLANNING COMMISSION MINUTES• MOTION by Mr. Sielaff, seconded by Mr. Saba, to approve the August 21, 1991, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. l. PUBLIC HEARING: CONSIDERATION OF AN ORDINANCE TO REQUIRE A LICENSE FOR MOTOR VEHICLE REPAIR GARAGES (PROPOSED CHAPTER 18 : MOTION by Mr. Kondrick, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:31 P.M. Ms. Dacy stated that in July 1991, the City Council approved an ordinance establishing a moratorium on the issuance of special use permits for repair garages. The purpose of the moratorium was to provide staff with the ability to research and develop an ordinance to evaluate whether or not a business license for repair garages should be passed by the Council. The ordinance creating the moratorium stipulated that a public hearing be conducted by the 10 PLANNING COMMISSTON MEETING, OCTOBER 2, 1991 PAGE 2 Planning Commission within 60 days of the effective date of that ordinance. The effective date was August 15, 1991. As an ordinance, the City Council by charter and state statute, is also required to conduct at least two readings of the proposed ordinance. The moratorium ordinance requires that the moratorium is lifted within 180 days, so the City Council has until February 15, 1992, to finish this process. Ms. Dacy stated the Council was aware that the impact of this ordinance would be discussed by the existing repair garage owners; therefore, this item was placed on the Planning Commission agenda in order to give a public hearing forum and opportunity for all those businesses affected to give testimony and comments on this particular proposal. Ms. Dacy stated the intent of the ordinance is summarized in four points: 1. To establish uniform regulati.ons for auto body repair garages. 2. To enable the City (as it does with the liquor license, massage parlor license, and sexually--oriented business license) to perform personal and criminal background investigations on the operator. 3. � To provide a basis for the City to deny a license based on illegal activities. To protect the health, safety, and welfare of the citizens of Fridley. Ms. Dacy stated that example, a business Paul, the business c controls are merely and building codes. the City Council became was denied a license in ould locate in Fridley. those of zoning and land aware that if, for Minneapolis or St. The City's existing use controls, fire, Ms. Dacy stated other automotive related uses that require some type of license are junkyards and/or salvage yards, motor vehicle rental agencies, retail gas sales, and used motor vehicle sales. Chapter 108 of the Fridley Fire Code has extensive regulations for storage of flammable liquids and spray booths. Ms. Dacy stated staff identified 47 businesses in Fridley that are related in some way to the automobile business. Quite a few of those businesses have contacted City staff. Mr. Phil Leffel of MAACO Auto Body organized a group of repair garage owners who have hired an attorney to draft some ordinance language for the City to consider. Mr. Leffel has identified at least 15 concerns and questions which are included in the agenda packet. ° 1 ', PLANNING COMMISSION MEETING, OCTOBER 2, 1991 PAGE 3 Ms. Dacy stated each business on the mailing list received a copy of the proposed ordinance. Jim Hill, Public Safety Director, is also at the meeting to act as a resource and answer questions. Ms. Dacy stated that, in summary, there are two overall issues that face the City on this particular issue: 1. Should the City even have an ordinance? Some have commented that this is an extra layer of regulation. 2. If the City does have an ordinance, how can they reasonably accomplish the purposes referred to earlier? Ms. Dacy stated the Commission has a first draft of the ordinance. It was based on the existing Minneapolis ordinance. Staff realizes there are areas that need to be changed and that additional changes will be suggested. Therefore, staff is not recommending that the Commission approve this particular ordinance., Staff is recommending that the Commission consider the testimony from people in the audience, the Commission of�fer its suggestions and comments, and staff will take all this input, meet with the attorney for the repair garage owners, and propose an alternative ordinance for consideration by the Council. Mr. Betzold asked how close the proposed ordinance is to the Minneapolis ordinance. Is it more restrictive or less restrictive? Mr. Hill, Public Safety Director, stated that the Minneapolis' ordinance as it relates specifically to this issue of repair garages is probably less in length. The authority that lies within it for both cities is probably about the same. There are certain sections of the Minneapolis that they chose not to use that are more restrictive or more inclusive. The proposed ordinance is probably more fine-tuned, only because it is the most recent ordinance of this type. Mr. Hill stated staff was directed by the City Council to draft this ordinance. Many hours of staff time was spent on it. The original draft included parts of several other City ordinances such as Chapter 31, Pawn Shops; Chapter 127, Sexually-Oriented Businesses; Chapter 19, Used Motor Vehicles; Chapter 205, Zoning; Chapter 123, Junk Vehicles; Chapter 125, Saunas and Massage Parlors; Minneapolis Chapter 317, Motor Vehicle Repair Garages; and Minneapolis Chapter 362, Intoxicating Liquor. Mr. Hill stated that upon review of the draft ordinance, the Community Development Department had addi�ional comments about what should be incorporated into this ordinance. The City Attorney's office reviewed the draft ordinance and had additional suggestions. They used the recently adopted Chapter 31, Pawn Shop ordinanc�e, as a draft as it related to the mechanics of the application, the definitions as applicable, and all the requirements of the 1 : PLANNING COMMISSION MEETING, OCTOBER 2. 1991 PAGE 4 application. Investigation and recommendation of the Public Safety Director is different from the pawn shop ordinance in that he or his designee would make a recommendation to approve a license unless one of the former conditions were found or believed to be true. It is Council's decision, not his, whether or not a license is issued and whether or not a license should be revoked or suspended. No City staff can close a business down as it relates to this ordinance. Mr. Hill stated there is concern on the part of one or more members of Council that more regulations are probably needed on some businesses, not out of desire, but out of necessity. Police calls are increasing by 10-15 calls per day. Council became keenly aware recently that they were without autho�ity and power under the City's existing ordinances to prohibit any business that operates motor vehicle repair garages from entering the community, even though hypothetically, they could be convicted felons. Or, someone who applied for a license in the City of Minneapolis and under the Minneapolis' ordinance, has been denied that license, can come across the border into Fridley and open the business without any regulation prohibiting it. The City Council felt some responsibility to•do something to protect the citizens of Fridley and also to maintain the reputability and honesty of the existing business people. Mr. Betzold stated that Mr. Leffel has submitted five comments and questions regarding the proposed motor vehicle repair garage licensing ordinance. He would like to identify the provisions and questions and ask Mr. Hill or Ms. Dacy to respond to each one. 1. Section 18.08.04. GRANTING LICENSES. No chanqe 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. Why does the City need to know about the change in ownership or control of a business and why must an amendment to the license be approved by the City Council? Ms. Dacy stated this is a transferability clause. This language also appears in other ordinances mentioned by Mr. Hill. The purpose is to be able to know who is going to be operating the business, and the City wants to be aware of that person, partnership, or corporation, and through the application process, the personal and criminal background checks are conducted. Ms. Dacy stated that regarding why an amendment to the license must be approved by the Council, again, if the ownership changes, it is not atypical to see this language in other ordinances. The pu�pose is to evaluate the proposed corporation, partnership, or person that will be operating the business. 10C PLANNING COMMISSION MEETING, OCTOBER 2, 1991. PAGE 5 Mr. H�11 stated that from the enforcement standpoint, it is maintaining a paper trail. This requirement is in the Pawn Shop ordinance, and he believed it is in the Sexually-Oriented Business ordinance. 2. Section 18.11.01. INVESTIGATiON AND RECOMMENDATION OF PQBLiC SAFETY DIRECTOR. The Public Safety Director shall recommend approval of the issuance or a license by the City to an applicaut within 45 days after receipt of an application unless the Director finds one or more of the fallowinq to be true: (C) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request ior information on the application form. What happens if an unintentional mistake is made on the application? Ms. Dacy stated the City Attorney has advised her that if the error was intentional and inconsequential, then probably nothing would occur. However, if the Public Safety Director feels it was intentional and material, it may be grounds to take an extra look at the license. Again, the Council has to ultimately approve any action. 3. Section 18.11:O1.C. INVESTIGATION AND RECOMMENDATION OF PUBLIC SAFETY DIRECTOR. The Public Safety Director shall recommend approval of the issuance or a license by the City to an applicant within 45 days after receipt of an application unless the Director finds one or more of the following to be true: (I) In the judqment of the Public Safety Director, the applicant is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. The ��judqment of the Public Safety Director�� is too broad to determine whether or not the applicant is not the real party in interest or beneficial owner of the business to be operated. Ms. Dacy stated if there appears to be a question, the Council will make an opportunity at the public hearing for the owner to state facts for or against whatever is the issue. The Council decides whether or not to issue a license. -� 10D PLANNING COMMISSION MEETING. OCTOBER 2. 1991 PAGE 6 Mr. Hill emphasized that the Public Safety Director shall recommend approval unless a condition exists. If for some reason, the investigators feels that a condition exists, then he is prohibited from recommending approval; he simply reports the fact to Council based upon the evidence, and the Council has to make the final decision. 4. Section 18.12.03. ISSUANCE OF LICENSE CONDITIONS. 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 chanqe in stockholders, officers, or manaqers shall be qrounds 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 aertificates of stock shall have printed on the face thereof: ��The transfer of this stock certificate is invalid unless approved by the City Council of Fridley,�+ and failure to comply with this provision shall be qrounds 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. Why does the City need to require that businesses adopt and maintain in its by-laws a provision that no transfer stock is valid or effective unless approved by the City Council. Is this required for any other license in the City, for example, a liquor license? Why does the City have to approve the transfer of a stock certificate? Why is it grounds for revocation of a license? Ms. Dacy stated the City Attorney advised her that, again, the intent is to determine who is operating the business and to determine the backgrouncl of the operator of the business. To her understanding, it is not in the liquor ordinance; however, it is in the recently adopted pawn shop ordinance regarding license. The City Attorney indicated that the Commission and the Council might want to entertairi an amendment that would require more than 50% of the stock change. It gets back to the original intent of trying to determine who is operating the business. Mr. Hill stated that specific provision was explicitly requested by at least one member of Council to be placed in the pawn shop ordinance. That language is directly out of the City of Minneapolis' long standing intoxicating liquor ordinance. � 10E PLANNING COMMISSION MEETING OCTOBER 2 1991 PAGE 7 5. Section 18.13.01. INSPECTION. An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department, and the Community Development Department includinq the Buildinq Inspection Division, to inspect the premises of a Mator vehicle Repair Garaqe for the purpose of ensurinq compliance with the law, at any time it is occupied or open for business. What rules would be used for the inspection permitted under 18.13.01? City staff will need to address this. Ms. Dacy stated this will have to be verified with the City Council, but internally in discussing how to administer this ordinance, staff is intending to propose that a number of these shops have already received a special use permit and a file is maintained on that. If the business is�in compliance, someone from the Community Development Department may not have to go out and make an inspection. Ms. Dacy stated there are very strict codes regarding the paint booths. Again, if the City knows the business is up to code, then there may not be a need for an inspection. Ms. Dacy stated that as far as the Building Code is concerned, all the existing repair garage owners were issued a certificate of occupancy. If the City staff is not aware of any ongoing violations, they may not need to do an inspection. There may be a question on the application form: Have you been cited recently for any kind of violation? Again, the burden would be on the owner to provide the correct information. If it is a new business, then staff would need to do an inspection. Ms. Modig asked if there is a provision in the other ordinances regarding an inspection by the Health Department. � Ms. Dacy stated the Health Department needs to be deleted. There is no need for that inspection. 6. Section 18.13.02. IN3PECTION. A person who operates a Motor Vehicle Repair Garaqe or the person�s agent or employee commits an offense if a person refuses to permit a lawful inspection of the premises by a representative of the Police Department any time it is occupied or open for business. What is a lawful inspection of the premises? Does that mean that a police officer"can stop at any time and shut down the business for some type of offense? Does this conflict with the need-�or a search warrant, �and does this constitute an unreasonable search? ��F PLP,NNING COMMISSION MEETING. OCTOBER 2, 1991 PAGE 8 Ms. Dacy stated that, according to the City Attorney, the answer is, no. In order for the Council to revoke the license, according to the ordinance, there has to be a public hearing and the owner has to be notified why the Council is considering revoking the license and to give the owner ample opportunity to present his/her case. The intent of this section is merely to provide the ability for City officials to have access to the property. It does not give City officials the authority to revoke the license. Mr. Betzold stated that if someone refuses to let the police officer on the premises, what happens? Mr. Hill stated that in theory the police officer could cite the owner for violation of the ordinance, because the violation of any code of the City Code is a misdemeanor. That would be an option, but a more realistic approach would be for the police officer to report that incident to him and he would report to Council and recommend they consider a suspension or revocation hearings. 7. Section 18.14.01. REFOSAL, SIISPEN3ION OR REVOCATION. 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 to state any information called for on such application form, shall, upon discovery of such falsehood, be grounds for denial of a license, or, if such license is already issued, shall be grounds for revoaation. Issuance of a license shall not protect the applicant from prosecution of violation for this section. Aqain, what happens if an unintentional mistake is made on an application. Will this be qrounds for revocation? How does the Public Safety Director administer this? Ms. Dacy stated that, according to the City Attorney, it depends on the mistake. If they believe the petitioner is concealing information, they will make the City Council aware of it. Again, the City Council approves the license and they need to conduct the hearing and give the petitioner or applicant an opportunity to present the facts. 8. Section 18.14.02. REFUSAL, SUSPENSION OR REVOCATION. The City Council mav suspend or revoke a license issued under this Chapter for operation on any premises on which real estate taxes, assessments, or other financial claims of the City or of the state are delinquent or unpaid. What happens in a multi-tenant building situation where one of the tenants is not ultimately responsible for payment of taxes and assessments? What happens if the property owner, and in some 10G PLANNiNG COMMISSION MEETING, OCTOBER 2. 1991 PAGE 9 cases, an out-of-town property owner is delinquent? Can the tenant be exempted from this requirement? Ms. Dacy stated that according to the City Attorney, if the tenant is not the owner of the property, the tenant is not responsible for the taxes and assessments. This section will have to be adjusted. 9. Section 18.15. INSURANCE REQIIIRED. Every license applicant shall provide and maintain in full force and effect public liability insurance to indemnify any person against loss or injury in the sum of one hundred thousand ($100,000) for injury or death to one person and three hundred thousand ($300,000) for each acci8ent or occurrence, and ten thousand dollars ($10,000) property damaqe, and shall contain a provision that no cancellation thereof shall become effective without thirty (30) days prior notice thereof in writing to the Ci.ty Clerk. In addition, each applicant for a Motor Repair Garaqe License shall file with the City Clerk a public liability policy or certificate of insurance for each vehicle used in the business of its Motor Vehicle Repair Garage. � Why is there insurance required? Why does the City Clerk need to be notified about the 30 day notice for chanqe of insurance? Policyholders only receive a 3o day notice, so it may be possible for the repair qarage owner to notify the City within 30 days. Why is a public liability policy or certificate of insurance required for each vehicle used in the business of the repair garage? Ms. Dacy stated it is not atypical for the City to require public liability insurance. They do it in other ordinances. The intent is if the City is authorizing a license for an entity to do business within the City, there are some expectations on the part of the consumers about issuing that license. Authority does exist for the City to require some type of insurance to protect the consumers. Ms. Dacy stated that as far as the mechanics, staff acknowledges that the 30 day time period may be constraining. They will have to work with the repair garage owners on that. As far as whether or not insurance is required for each vehicle used in the business, staff believes that language came from the Minneapolis ordinance. After working with the repair garage owners, it may be prudent to delete that requirement. Maybe it is not atypical for communities to also require workmen's compensation insurance. That miqht be another issue that needs to be discussed. Mr. Hill stated the language for this section came from Minnea�olis Chapter 317.70 which has been effective since 1984. He is not sure why they would need to require insurance for each vehicle used in 10H PLANNING COMMISSION MEETING, OCTOBER 2, 1991 PAGE 10 the business. The 30 day clause is consistent with either insurance or bond requirements in various ordinances. The intent is for consumer protection. 10. Section 18.16. MAINTENANCE OF RECORDS REQUIRED. Every Motar Vehicle Repair Garage Licensee shall maintain, on the premise, original records which shall include all work orders, estimates, invoices, and names of all customers for whom motor vehicle repairs have been performed. As used in this section, the term ��invoice�� shall contain that information required in Minnesota Statutes Chapter 3253F.56 to 325F.65. Such records shall be immediately available for inspection and copying by enforcement officials and shall be retained for at least two (2) years. A customer has a right to a copy of documents maintained by the Motor Vehicle Repair Garage reflecting any transaction to which he was a party. 1. 2. 3. The operator of the Motor Vehicle Repair Garaqe is required to identify the source of the parts used on repaired vehicles. The operator is required to keep a record of parts that are purchased and all purchased parts are to be paid by checks rather than cash. The operator is required to keep invoices and cancelled checks to establish the source of parts used on repaired vehicles. Why do the records have to be available? Can�t that be done through request of a search warrant? What do Minnesota Statues Chapter 325F.56-65 require? Ms. Dacy stated the intent was to mirror some of the existing regulations that are in State Statutes. The proposed section states two years rather than at least one year in the State Statute. Ms. Dacy stated that regarding whether that can be done through request of a search warrant, both the statute and the ordinance state that they have to contact the owner prior to that and give him/her a reasonable amount of notice. 11. Section 18.16.02. MAINTENANCE OF RECORDS REQUIRED. The operator is required to keep a record of parts that are purchased and all purchased parts are to be paid by checks rather than cash. 101 PLANNING COMMI83ION MEETING, OCTOBER 2, 1991 PAGE 11 There are some occasions where some parts are paid with cash. Why does it have to be checks? Why can�t the buildinq owner have the ability to pay with cash for some parts if so desired? Ms. Dacy stated staff has received a lot of telephone calls about checks versus cash. Some business owners feel that is going too far, because, in some cases, they may need to use cash to purchase small parts. Again, the intent is to provide a paper trail on auto parts to be able to determine the origin of each particular part and to determine whether or not the part is stolen. Mr. Hill stated the Minneapolis ordinance is basically the same except for the check issue. The issue of a check over cash is a recommendation made by the City Attorney. Mr. Saba asked if a minimum level of cash purchase could be allowed, such as $5 or $10. Mr. Hill stated that since the issue had been brought up, it is a logical issue to discuss. 12. Section 18.7. UNAUTHORIZED WORR; CII3TOMER�S RIGHT TO RETIIRN PROPERTY No Motor Vehicle Repair Garaqe shall fail to return to any customer, upon demand, the customer�s vehicle in violation of Minnesota Statutes Chapter 325F.61. What does Minnesota Statutes Chapter 325F.61 require? What happens if an auto repair garage performed work in the amount of $2,500, returned the vehicle to the customer, the customer with no basis demanded the vehicle without paying? Would this void the process of a meahanic�s lien? Ms. Dacy read Chapter 325F.67. Ms. Dacy stated that regarding whether or not it voids the mechanic's lien, the City Attorney wants to do more research on that issue. Maybe the repair garage owners and their attorney can give some direction on this particular issue. Mr. Hill stated that as he read this section of the statutes, it is not implying any additional requirements upon the business owners than what currently exist today under State Statute. The mechanic's lien is a State Statute issue, not a City issue. 13. Section 18.18. REFUSE All refuse must be stored in a completely enclosed trash/ dumpsters and must be fully enclosed as required by the zoning ordinance. 10J PLANNING COMMISSION MEETING, OCTOBER 2, 1991 PAGE 12 If refuse is defined as motor vehicles which are abandoned, some of the vehicles may not be able to be deposited in dwapsters. Ms. Dacy stated they obtained the definition of refuse from the Minneapolis ordinance. It does need to be reworked. The intent is that if there are sizable car parts that are in a state of disrepair, they need to be screened from the public right-of-way or adjacent residential districts. To a certain extent, this will be addressed through the special use permit process for those areas that require a special use permit for repair garages. Repair garages are a permitted use in the M-2, Heavy Industrial distriet. The intent is to make sure that everyone is conforming to the same rules. Mr. Hill stated that they significantly reduced the language from the Minneapolis ordinance in an effort to simplify it. 14. Section 18.20. SEVERELY DAMAGED VEHICLE3 All severely damaqed vehicles must be completely drained of all fluids prior to transfer to Motor Vehicle Repair Garage. Who is responsible for determining what a sev�rely damaged vehicle is? Where are the fluids to be drained? How is severely damaqed defined? Ms. Dacy stated this.section was inserted in the ordinance because City Council discussed this particular issue at great length with at least one special use permit application. The issue was when the vehicles get to the repair garage and if they ar,e stored in an area that is not paved, is there surface contamination and possible underground contamination from fluids from the vehicles? This section needs to be reworked if it is to remain in the ordinance. The questions are well posed. Staff needs to come up with language that is reasonable, enforceable, and that the repair garage owners are willing to live by. 15. The City should require motor vehicle qaraqe owners to obtain a hazardous waste generator� s license and submit an EPA number to the City. Ms. Dacy stated staff agrees with that and that should probably be included in the ordinance. Mr. Randy Thompson stated he is an attorney representing the following businesses: Maaco; Christensen Auto Body; Tires, Inc; Fridley Tire & Brake; Triangle Coach Works; Rensfeldt's Auto, Inc.; Fridley Fast Lube, Amaco; Fridley Auto Body, Kennedy Transmission; Lisell Auto Service; Gary's Automotive; Northeast Towing Service; and Phillip's 66. These businesses represent a numbc-�r of businesses from service stations to body shops, towing businesses to tire shops to repair shops. In listening to the presentation, 10K PLANNING COMMISSION MEETING. OCTOBER 2, 1991 PAGE 13 this ordinance seems to be drawn and has taken restrictive covenants from liquor, massage, adult use, and pawn shop types of ordinances, yet they are really talking about mainstream legitimate businesses who have done business in this community for a long time. Mr. Thompson stated they strongly oppose the ordinance in its present form. It is overly restrictive to the number of constitutional infirmities, and it is basically impractical and unworkable. To say something has been taken from a liquor ordinance fails to recognize that the liquor industry, because of the advent of prohibition and subsequent appeal, has always occupied a special place in terms of the ability of the governing body to regulate liquor as opposed to other types of businesses. Just because the City can regulate something in the liquor industry does not mean they can do it in another type of business. Mr. Thompson stated the Minneapolis ordinance is approximately 2 1/2 pages. The City of Fridley's proposed ordinance is 9 pages. That points out their initial concern. What is the purpose of this ordinance? Is it to regulate "chop shops"? Is it environmental protection? Is it consumer protection in connection with automotive repairs? It is just not clear. It seems to touch on a little bit of everything, but doesn't do a good job on anything. Until there is a focus, it is difficult to tailor something that is going to be narrowly drawn and generally focused and reduce the restrictions of legitimate business operations. Mr. Thompson stated there is no indication that there is any particular reason to believe that the businesses represented are any more ripe for criminal activity or any more suspect to criminal activity than any other business. Mr. Thompson stated their second main concern is: What is a fair, economic, and practical method to obtain a purpose for this ordinance? They want something that is not burdensome to legitimate businesses. They do not want to drive businesses out of Fridley to neighboring cities. They want to keep paperwork to a minimum. They need to stay within constitutional standards. They need to make it cost-effective, because any costs imposed on businesses are eventually passed on to the consumers. Mr. Thompson stated that using the example of the draining of fluids of vehicles that are severely damaged, they have to talk about what is practical and what is understandable in the business operations. What fluids have to be drained from a severely damaged vehicle? Mr. Thompson stated by putting it in the licensing provision, are they putting the businesses of the City of Fridley -�at a disadvantage and are they creating a situation where, for example, a consumer would call a tow truck operator from the City of Blaine 10L PLANNING COMMISSION MEETING. OCTOBER 2, 1991 PAGE 14 because there won't be as many problems. If they are going to restrict it, it should be a separate ordinance and it should be something that deals with vehicles in the City of Fridley so that anyone towing vehicles in the City of Fridley are subject to the same restrictions. Mr. Greg Accomando, Fleetwood Motor Company, stated it seems the City is approaching the situation of how to identify chop shops in a backward manner. Instead of identifying chop shops, the City wants to identify all the auto body shops and is telling the auto body shops they must maintain records indicating where all the parts come from, so the City of Fridley can backtrack these records to identify the original chop shop or where these parts came from. It is extremely difficult to backtrack parts, because they get parts from various sources such as junk yards and several out of state operations, where they may get a receipt from Texas for a part. For the City of Fridley to backtrack to Texas to find out if that part was stolen in Texas would be very difficult. Asking body shop operations and repair companies to keep track of their records to identify chop shops that are operating in Fridley seems very backwards to him. It would seem more logical to start from the beginning. If a chop shop operation is doing business in the City of Fridley, that should be easily identified. Mr. Accomando stated that if he were to operate a chop shop and handle a 1ot of cars, he would first want to have a dealer's license. The guidelines involved by the State of Minnesota in having a dealer's license are very restrictive. The State has investigations and checks every car to make sure it is property bought. So, this is already being done by the State of Minnesota. Mr. Accomando stated he agreed that overall the City of Fridley should have a general business license and some type of guidelines so the City knows what kinds of businesses are coming into the City of Fridley. It seems more realistic to identify chop shops operations by the use of a general business license by finding out what these businesses are doing. That seems fair. If he was to start a business in any other community, he would expect to go through those types of investigations. But, to take an existing business and backtrack parts to try to identify chop shops is very backwards. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:35 P.M. Mr. Kondrick stated he believed there should be an application process. The business owners and their attorney have brought up some new points of view that should be considered. They have agreed to meet with City staff and rework this ordinance. He is 10M PLANNING COMMISSION MEETING, OCTOBER 2, 1991 PAGE 15 not willing to make any recommendation, other than to have City staff work with the business owners and attorney to come up with a workable ordinance. Mr. Betzold stated he could not go along with the ordinance as written. Tt is too restrictive. A general business Iicense might have some merit, but he could not recommend that at this time. To try to keep the honest legitimate repair garages in business and to try to keep the dishonest illegal ones out of business requires some oversight on the part of the City which means there has to be some kind of application process or some standards and criteria to determine whether or not an application should be denied or approved. Mr. Saba stated the attorney brought up the possibility of some kind of grandfather clause or section that would basically license the existing businesses. That is a good suggestion. What they are really concerned about are the new businesses or the change in ownership. He believed there might need to be a different level of applicability in terms of the ordinance. He believed there is a need for an ordinance for the reasons discussed. The worst thing that can happen to a small city like Fridley is to have chop shops or illegal activity occurring in any of the City's businesses, because it gives the whole city a bad name. This ordinance goes a long way toward protecting the business owners as well as the citizens of Fridley. Mr. Kuechle stated that from his personal view from being in business himself, he fu11y agrees that 120 days to approve a license is too long. That time has to be shortened. Thirty days would be right, with 60 days absolute maximum. Mr. Kuechle stated the comment about a short form renewal is a good idea. He would not be in favor of grandfathering in existing businesses, because you end up with two classes of facilities, some licensed and some unlicensed. Mr. Kuechle stated that as far as the insurance requirement, it seems every legitimate business already has some kind of liability insurance. As far as the maintenance of records, the Gity is asking for two years. In reality, businesses must keep records for three years for the IRS. Many times the current year's records are kept on the premises, and the other years are stored off the premises. The ordinance has to be changed to a reasonable time to produce the records. Mr. Kuechle stated he is somewhat surprised about checks versus cash. In his business, he doesn't all simply because there is no way of tracing potential of inappropriate activity with cash is He would be surprised if a lot of businesses 10N the concern over deal with cash at purchases. The simply too -�igh. didn't deal with PLANNING COMMI3SION MEETING, OCTOBER 2, 1991 PAGE lb checks, because without checks, there is no record if audited by the IRS. Ms. Modig stated she cannot support a lot of the ordinance because it is very restrictive. She has a lot of concerns about the privacy factors. She knows it is necessary to know about illegal activities pertaining to this type of business. If someone has been convicted of a felony for chopping up cars before, then that might be a valid problem; but she did have a problem making it prohibitive for someone who has been convicted of another type of felony, has been rehabilitated, and is trying to start over in a new business. Ms. Modig stated that regarding the licensing on the ownership, they talked about the ownership being changed to more than 50%. That would be a good idea. She would like to see a lot of changes made in the records required. Recordkeeping in a day-to-day business is not always readily accessible. Ms. Modig stated she did not think they need to have language in the ordinance which is already in the State Statutes. There is no . point in being redundant. Ms. Modig stated she would like this ordinance to do what it is intended to do, to protect the community from an influx of potential criminal activity by chop shops. But, she also does not want to lose any of the existing businesses in Fridley. Ms. Modig stated staff has done a lot of hard work on this ordinance; but she did agree with a statement made earlier and that is that just because it is a Minneapolis ordinance, that doesn't make it great. Mr. Betzold stated having the State Statute references in the ordinance does clarify that these are some of the criteria that will be considered for a revocation. of a license. It helps establish a baseline. Mr. Betzold stated he agreed that records did not necessarily have to be produced immediately, but he did think the record-producing requirement is a good idea. MOTION by Mr. Saba, seconded by Mr. Sielaff, to forward to the City Council without a recommendation the proposed ordinance (proposed Chapter 18) to require a license for Motor Vehicle Repair Garages along with the comments from the October 2, 1991, meeting. The Pl.anning Commission cannot concur with the ordinance in its present written form and requests that the City staff, motor vehicle repair garage owners, and their attorney work together to produce a workable ordinance. � 100 PLANNiNG COMMISSION MEETING, OCTOBER 2, 1991 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOOSLY. 2. RECEIVE SEPTEMBER 5 1991 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Modig, seconded by Mr. Kondrick, to receive the September 5, 1991, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE SEPTEMBER 17 1991 APPEALS COMMISSION MINUTES. MOTION by Mr. Kuechle, seconded by Ms. Modig, to receive the September 17, 1991, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Betzold. declared the motion carried and the October 2, 1991, Planning Commission meeting adjourned at 10:00 p.m. R s ectfully ubmitted, Ly Saba Rec rding Secretary 10P � S I G N— IN S H E E T PLANNING COMMI83ION MEETING, ���r 2, 1991 �f�''K� U C�S�cin� ���� �.� ,5��.� �, �����r ,�,_:�r�<r -, �� � � � �� �� �� r �i — ,�i�Ce ��ia o.;��;,� ��� .. �/�r�l /� � �.���r`� - � �/ bS z r���� SJ i� � _ � DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley October 17, 1991 William Burns, City Managerr^ ,� �" � ," Barbara Dacy, Community Development Director Receive Minutes of the Planning Commission Meeting of October 2, 1991; Ordinance to Require License for Motor Vehicle Repair Garages Plannina Commission Action The Planning Commission at its October 2, 2991 meeting considered the first draft to the proposed ordinance requiring a license for motor vehicle repair garages. The Planning Commission unanimously moved to forward the ordinance to the City Council without a recommendation for the proposed ordinance along with the Commission's comments from the October 2, 1991 meeting. The Planning Commission stated that it cannot concur with the ordinance in its present written form, and requests that the City staff, repair garage owners, and their attorney, work together to produce a workable ordinance. Also during discussion of the ordinance, the Commission requested that staff ask the City Council whether or not they wish the Planning Commission to consider a revised or new ordinance. The Planning Commission considered the first draft of the ordinance for two reasons. First, it provided a good forum and ample opportunity for repair garage owners to state their concerns and suggest changes. Secondly, the ordinance establishing the moratorium on issuance of special use permits stipulated that the licensing ordinance be considered by the Planning Commission within 60 days of the effective date of the moratorium. Given that the City has now complied with that requirement, plus the fact that the attorney for the repair garage owners will be submitting an alternative draft for consideration by the City Council, staff recommends that the item not be referred back to the Planning Commission and be,discussed by the City Council. Typically, the Planning Commission would not review a license and the issues to be discussed on th� proposed ordinance are policy issues which need to be discussed by the City Council. � Motor Vehicle Repair Garage Ordinance October 17, 1991 Page 2 We are expecting an alternative draft from the attorney of the repair garage owners the first week in November. Possible first reading of the ordinance could then occur at one of the December meetings. Recommendation Staff recommends that the City Council receive the minutes of October 2, 1991, and direct staff to advise the Planning Commission that the Commission does not need to review additional drafts of the motor vehicle licensing ordinance. BD/dn M-91-762 - � 10S � _ � � Community Development Department FLANNING DIVISION City of Fridley DATE: October 17, 1991 . � (�. TO: William Burns, City Manager� �V FROM: SUBJECT: Background Barbara Dacy, Community Development Director Extension of Special Use Permit, SP #90-15, by Mike Schrader On November 5, 1990, the City Council approved a special use permit to allow repair garages, automobile service stations and motor vehicle fuel and oil dispensing services, motor vehicle wash establishments, and exterior storage of materials and equipment, for construction of an auto mall at the vacant property located east of adjacent to Highway 65 and north of 73 1/2 Avenue. Attached is a letter from the property owner's representative, Mike Schrader, requesting an extension of the special use permit for a one year period. The City Attorney's office has been requested to render an opinion if the extension of the special use permit would be in violation of the moratorium on issuing special use permits for repair garages. The City Attorney will be prepared by Monday's meeting to render an opinion. Recommendation Pending the approval of the City Attorney, staff recommends the City Council extend the special use permit request, SP #90-15, until November 1, 1992. BD/dn M-91-763 October 8, 1991 Michele McPherson, BLA Planning Assistant Fridley Municipal Center 6431 University Ave. Fridley, MN 55432 RE: 7355 Highway 65 N.E. Dear Ms. McPherson, I am writing regarding special use permit #90-15 and the rezoning of the above referenced property. As you know, the development market has been somewhat repressed over the past 18 months due to market influences such as insufficient lending sources, the gulf war, recession and the S&L crisis. The proposed development at the above property was not spared from these influences. During key planning stages, a number of major te�ants for the project cancelled their letters of intent or had corporate approvals removed. The corresponding fall out of tenants caused the developer to put the project on hold until the development climate and economy become more stable. Despite the developers current resolve not to develop the property, he most definately plans to complete the project at some future date. Accordingly, it is hereby requested that the special permits and rezoning efforts not be withdrawn and placed on hold for one year. If you have questions or comments, please do not hesitate to contact me. Sincerely, . i� !/i` � . ' � �, ,'/' �/ ,/�i�i... � l- �, ' � � �� • � `���� �_.. Michael S. Schrader Developers Representative 893-6894 11A �; � w• �1, �_ _ , c • :,� '�-.,�' ' ' � ��=�� UPON �i VOICE VOTE T111�N ON THE lrtl�►IN MOTION, all voted�e, and Mayor Nee declar�d the aotion carri�d unanisously. •' `� � 1Y �� � There was no business. . .� : ���`.��X� 1. response N from the audience N thia item of Kr. Hill, Public Safety Director, � ted that thie ordinance would specify qamblinq prohibitione in er eStablishments which has previously been City policy or a iniBtrative interpretation. MOTION by Councilman Fitzpat ck to �raive the aecond readinq of Ordinance No. 958 and adop ft on the second readinq and order publication. Seconded by Councilwoman� Jorqenson. Upon a voice vote, all votinq aye, yor Nee declared the motion carried unanimously. 2. N « Kr. Hill, Publ Safety D'irector, �tated that thie i6 basically a housekeepinq tem to keep the Cfty'a ordinance current so that it is not i� onflict with the State statute reqardinq qamblinq prohibitio s. He stated that it also establishes the rent which increase from a maximum of $100 per week to $600 per month. �N/by Councilman Fitzpatrick to waive the second readinq of �ance No. 959 and adopt it on the second readinq and order ication. Seconded by Councilwoman Jorqenson. Upon a voice , all votinq aye, Kayor Nee declared the motion carried imously. � : Y�� � . � ����: • � • j� • •: � � • �• � � � � � • • • • ' ! s ( � � � • • ' • �� • r i � � � Y_. fr � � L� � � � 4� � r i � � � �� � Y_� • • i , � � • �s ! � � � � ; : � � • � Ms. Dacy, Planninq Coordinator, stated that this special use permit covere a variety of automotive related uses which would be located in an auto nall development. She stated that two buildinqs totalinq 26,000 square feet would house these uses. She stated 11B �*QTn�Y CITY COQNCIL 1[EETIN4 Ol� l�OVBKBER S, 1940 4l1aS 3 � that in conjunction with this special use permit, there is also a request to rezone a portion of the property iroa M-1 to C-3. Ms. Dacy stated that this ite�n was tabled to allow staff to research what stipulations could be placed on this special use permit reqardinq the qeneration of odors lro� the automotive buildinq tenants. She.4tated that there wa� alao a concern reqardinq noise. � Ks. Dacy stated that in addition to the sixteen stipulations recammended by the Planninq Comn►ission, staff ic propoeinq three additional stipulatione. She stated Stipulation No. 17 requfres that the HV�C and odor ventinq systems 4ha11 be desiqned with all possible desiqn features and equipment that is economically available to elfminate to the qreatest extent any possible odor emissions from the auto aall or its individual tenants. She stated that odor ventinq systems for automotive paintinq, detailinq, or finishinq tenants shall meet NFPA, EPA, and UFC construction and installation requirements. Ks. Dacy stated that under Stipulation No. 18, if a problem were to occur in the auto mall, I�iinnesota Pollution Control Aqency rules and requlatfons would be imposed. She stated that these rules contain the odor emission etandards, and this procedure is similar to the one used for the Central Roofinq Company complaint in 1987. She stated that failure to seet the MPCA odor standards shall be a basis for revocation of_the Bpecial use permit. Ms. Dacy stated that Stipulation No. 19 states that doors on the north side of the buildinq ehall be closed when vehicles are beinq serviced or when noise is qenerated. She stated that the Planning Commission also recommended that tenants that contribute to odor emissions shall be located alonq the east �ide of the eastern most building on the site. Ms. Dacy stated that the Council discussed some amended lanquage to Stipulation No. 16 reqardinq the ar►r�ual review process, and staff has worked with the petitioner who aqrees trith an occupancy of ninety percent. Ms. Dacy stated that a letter was sent to residents of the trailer park to the north alerting them that this item was tabled at the last meeting and would be considered this evening. She stated that staff recommends approval of the epecial use permit with the sixteen stipulations r�commended by the Planninq Commission in addition to staff's three stipulations. Mr. Kike Schrade�, representinq the petitioner, stated that all of the stipulations were acceptable. Mr. Kitch Del�iara stated that he wanted to let the Council know�that he is stronqly oppoBed to any extension of the service road. He 11C i � ?RIDL,�Y CITY COIINCZI� ]�ETIIiO O! �►OVEl�LHER �. 1990 P]1�iE � stated that he understood it would be extended in 1992. He st,nted that he opposes the exteasion as it would hurt soae of their tenants in the trailer park. Kayor Nee stated that the Council has not taken a poeition reqardinq the extension of the service road. Mr. DeMars stated that he felt if the auto sall surviveg, the extension of the service road would be diacussed in the iuture. Iss. Dacy 4tated that there aay have been a aisunderstandinq, ae she stated at the Planninq Commission seetinq, that in 1992 the upqrade of the siqnalization at 73rd ]►venue would be completed. She stated that at no time did she state the City had plans to extend the service road in 1992. Kr. DeMars stated that he underetood it wa6 stated at the Planninq Commiseion �aeetinq that the service road was to be constructed in 1992. - MOTION by Councilwoman Jorqenson to qrant Special Use Permit, SP �90-15, with the followinq ctipulations: (1) the rezoninq request, ZOA #90-05, shall be approved; (2) the petitioner shall submit qradinq and drainaqe plans of calculations approved by the Rice Creek Watershed District prior to issuance of the buildinq permit; (3) the petitioner shall eubmit a revised landscape plan prior to the iesuance of the building permit, indicating the followinq changes: (I�►) reduce the berm at the intersection of 73 1/2 �venue and Viron Road; (B) add eix additional Linden trees somewhere on site; and (C) the wood Bcreeninq fence alonq the north property line is currently unnecessary. However, the petitioner�shall install a screeninq fence alonq the north property line if the existing fence should for some reason be removed or damaqed; (4) the petitioner shall eubmit an irriqation plan prior to issuance of the buildinq permit; (5j the petitioner Bhall dedicate to the City a ten foot easement parallel to the east riqht-of-way line of Viron Road; (6) the petitioner shall combine the lots for tax purposes; (7) there shall be no exterior storaqe of junk vehicles, tires, or trailers. Vehicles waftinq to be serviced sha21 be allowed to be etored overniqht, provided they are currently licensed and street operable; (8) any auto body repair and paintinq facility and/or detailinq facility shall be required to obtain its own epecial use permit. Auto body repair and paintinq tenants shall comply with EPA regulations to control odor emissions and hazardous materials; (9_j there shall be no repair of automobiles before the hour of 7:00 a.m. and after the hour of 9:00 p.m.; (10) rooftop equipment shall be screened; (il) the petitioner ehall submit a comprehensive siqn plan for City Council approval; (12) tenants who contribute to odor emissions shall be located alonq the east eide of the eastern most building on the site; (13) the petitioner shall apply for a epecial use permit for any auto rental tenants; (14) a park fee of $.023 per.equare foot shall be paid at 11D � y� �1; � : . ; � • _l� �� : , � : _ � .� j�} ��-� the tiae oi buildinq perait; (15) the petitfoner �hall work with the Minnesota Departaent ot Transportation to stripe a right turn lane to 73 1/2 l�venue on Highway 65; (16) co�plianca vith the special use perait shall be r�viewed after tt�e project rsaches 90 percent occupancy. The pernit shall be reviewed annually thereafter up to five yeare; (17j the HVAC and odor ventinq systems shall be desiqned with a11 possible desiqn featurea and 4quipment that is economically available to eliainate to the qreatest axtent any poesible odor emissions lrom the auto sall or its individual tenants. Odor ventinq systems for automotive painting, detailinq, or finishinq tenants shall meet NFPA, EPA, and UFC construction and installation requiremente; (18) in the case of automotive paintinq, detailinq, or finishinq tenants, odor emiseions will be evaluated in accordance with the standards 4stabliehed by the Minnesota Pollution Control l�qency, specifically Section 7005.0900 t3irouqh Section 7005.0960. Failure to aeet the l�IPCA odor standards shall be a basis for revxation of the special use permit; and (19� doors on the north afde of the buildinq ehall be closed when vehicles are beinq serviced or when noiee ie qenerated. Seconded by Councilman Fitzpatrick. MOTION by Councilman Billfnqs to amend the above motion as follows: Under Stipulation No. 17, add a comma at the end of the first sentence and add the words "includinq the restaurant." Further, to add the followinq sentence at the end of Stipulation No. 17: "Venting shall be located in the area of the buildinq that fs the furthest distance from any residential neiqhborhood." Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, l�ayor Nee declared the motion carried urianimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 4. FTRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF'�THE � 4� � � � - � �IOTION by Councilwoman Jorqenson to waiv e readinq and approve the ordinance on first readin Seconded by Councilman Fitzpatrick. Councilman Billinqs a if the lots to be rezoned were 7, 8 and 9 which included e auto mall project, except the restaurant portian. Ks. cy answered in the affirmative. UPON��ICE VOTE TAi�N ON THE �BOVE 1rIOTION, all voted aye, and I�tavor Nee declared the motion carried unanimously. � 11E Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager�;'t�� PW91-308 John G. Flora,��Public Works Director FROM: October 15, 1991 DATE: Spur Station Storm Sewer Line, Project No. 223 SU BJ ECT: At the September 30, 1991 Council meeting, we received Petition No. 5-1991 from Murphy Oil requesting a storm water line be provided to their facility at the intersection of Mississippi Street and East River Road. The petition waives the right to a public hearing and requests the cost of the improvement be assessed to the property. We have been working with the Ar►oka County Highway Department to install a storm sewer pipe from the Spur Station property to the storm system south of the site on East River Road. It will not be necessary to modify the budget, but Council should be aware that this is a change from the original Capital Improvements Program that identified the projects under the Storm Water Fund. As the Enterprise Funds were not included as part of the original Budget Resolution, it does not require any amendment to the budget, but Council might want to be aware this is a project that was petitioned by the property owner and was not known at the time the �apital Improvement Plan was developed; as such, it is not included in that plan. We have obtained quotes from two contractors to install the storm sewer system pipe and catch basin. Based on these quotes, it is recommended a contract be awarded to Volk Sewer and Water, Inc. for $13,045.00 to install the storm sewer system. JGF:ch 12 � � �� CITY OF FRIDLEY PETITION COVER SHEET Date Received 9/2p/g1 Petition No. 5-1991 Object C0�3STRUCT CERTAIN STORM SEWER IiiPROVEMENTS TO EXTEND THE EXISTING STORM SEWER SYSTEI"I IN EAST RIVER ROAD APPROX 200 FEET NORTH. Petition Checked By Date Percent Signing Referred to City Council Disposition 12A � � MURPHY OIL USA, INC. September 18, 1991 Mr. John G. Flora Director of Public Works City of Fridley 6431 Uni�-ersity Ave., N.E. Fridley, M\. 55432 Dear Mr. Flora: SUITE 304 4800 W.77TH STREET MINNEAPOLIS, MINNESOTA 55435 `% � / �-- J - ' � �---`'-C, _ . Murphy Oil, being the owner of the property at 6485 East River Road, Fridley, ( PIN's 15-30-24-42-0001, 15-30-24-42-0026 ), request that the City of Fridle3 construct certain storm sewer improvements to extend the existing storm sewer system in East River Road approximately 200 feet north. riurphy OiI further agrees to waive their right to a public hearing and agrees to pay the assessments for the project. Sincerely, MURPHY OII.y� tj,SA, �NC. Gary /K. Andelin Construction Supervisor GIiAf mts 12 SPUR - : _ _ a :� � _ _ n.. . _ ' . ; l � ry I , _ 4; 2 ,v i ;- F- f � � c .�. p �� � J I�./� o � I 1 ." '.. a�. f- t J -o ^ S �Z I •.� o' C� :e . �o' Q � : Z 1 . ' . � � cn i V --- N a a rn Z ' � z N ' F- .� `'''. �. � �:. �<�:. _ � �� O :��. ;; : J w � � �` � _.) • Z Q! Y J M � -- � 31 � � a rn �, 0. N. - a ? m3 Y p �- 'a W , CO Q -� C d � �' d � � � N' - - - � Z • ..��-- r .�� � N m N •�� : N � oc O �n F-- - -- a � � O O , W � , . � Z . N aJ '� � � � v� t0 m N , � � .n �:J � l.L m cn � N Z ' �:.: :_. . ✓ . � , ' m 1�31�b • ° , _, , :.� _1—` i` — - � � ` . � � z __--- ' � :� Q � O . �: � a :>`: ' � �' w � � � ' r�- ►n = i � ' �:r::,. � �-g -- O � i U �. � « r � tA 1 MM � t � �c �, — �, � �j �' ' � � � 1 ao � �:`� �m _ w � ° �c� . o: ' � ,; ���`s:� '� � � �' �ri a �� N�, Z I � Zr. - a . -� �=- - -- � �/ -L � ' � ' ' � w ` � � ' ;j q (� ��.- cn ,;, � � � J ' � �� Q � N •" ' U U �..!..• ���. bl, � N W � - . ' ,l 1- Q � � a�0 � .. p Q ;n � ':a • + � � � � � � , , 51�8s� w c� U Z ►-- W � � w N . �3� r �:` (n 1.1 ' ".r:</ � cn /y . . W r�J .. •'OI .: :�N Y.. d' � - 'Q � � � � ` �`���'�� � � w O � t►� ' 'I : (t�� •,• : ;.; ..: 0 �• 3 N J ' W �":': + a. � � �-' � J .�--- k ' ; O Q � � N a. . I� L I •���i�i W ', -� a W . � � ` � d _ � �y�, Q� p � C7 �r . on J W � X i -N Y5J `� � W � . b' � J � � � �Q ' Z � m r-- -> � � 3 � z w O � ; _ M 1_ � i ' ' . 1 �T , � — � N 1 Z ( • � � M .� '^ � QUOTES MURPHY MART STORM SEWER VOLK SEWER & WATER, INC. 10/16/91 ITEM QTY PRICE TOTAL 12" RCP STORM SEWER 203 LF @ $20.00 $4,060.00 B6-18 CONC. CURB & GUTTER 210 LF @ $10.00 $2,100.00 CATCH BASIN 1 EA C$1,000.00 $1,000.00 CONN. TO EXIST. CATCH BASIN 1 EA C $500.00 $500.00 BITUMINOUS PATCH 140 SY @ $32.75 $4,585.00 TRAFFIC CONTROL 1 LS @ $800.00 $800.00 NORTHDALE CONSTRUCTION CO., INC. lTEM 12" RCP STORM SEWER B6-18 CONC. CURB & GUTTER CATCH BASIN . CONN. TO EXIST. CATCH BASIN BITUMINOUS PATCH TRAFFIC CONTROL SAW CUT QTY 203 LF @ 210 LF @ 1 EA C 1 EA C 140 SY @ 1 LS @ 250 LF @ PRICE $33.60 $15.00 $850.00 $500.00 $32.00 $500.00 $3.50 12D $13,045.00 TOTAL $6,820.80 $3,150.00 $850.00 $500.00 $4, 480.00 $500.00 $875.00 $17,175.80 Engineering Sewer Water Parks Streets Maintenance MEMORANDUM . William W. Burns, City Manager�,� , PW91-313 TO: FROM: DATE: SU BJf CT: John G. Flora,�Public Works Director October 16, 1991 Emergency Repair of Well No. 5, Project No. 224 It appears that Well No. 5 was struck by lightning during a storm in the first part af September. We have been investigating and an electrical overload to the pump appears to be the problem. Well No. 5 consists of a submersible pump which is 530 feet below the suriace. In order td inspect the pump, the entire pump shaft and column pipes will have to be removed. We have prepared plans and specifications to remove the pump and either repair or replace it as necessary. In the meantime, even though the well was last maintained in 1990, we may have to replace some column pipe or pump shaft. We estimate a maximum cost of $25,000. I recommend approval to advertise for the emergency repair of Well No. 5. This is a deeper well and is one of our primary producers now that we are minimizing the use of the shallow wells in Commons Park. It will not be necessary to modify the budget, but Council shauld be aware that this is a change from the original Capital Improvements Program that identified the projects under the Water Fund. As the Enterprise Funds were not included as part of the original Budget Resolution, it does not require any amendment to the budget, but Council might want to be aware this is a project that was not known at the time the Capital Improvement Plan was developed and, as such, it is not included in that plan. JGF:ch 13 � � FW� �ATE =ROM >UBJECT FUBLIC �VOR�.S N[AINTENANCE 1991 Condition of biell #5 IO�iEMORANDUM TO x �uri,ng the w�eek,end of Sept�bex' 7-8, 1991, a rainstonn aooa�ai'iied bY lic�tning caLLSed the main breaker t;o fail in Well.hause #4. Zhis brealt�er vontrols We11s 2, 4, 5, 6 arri 7. After repairs to the mau► breaker aa� Sept�nber 9th, it was then disowered that lightnir�q may have stYUCk Well #5 and cau..� an electrical short. As a result, We11 �5 can r►o longer be used• I request that w�e be allvw�3 tfl advertise for bids for the repair of Well #5. Attached are specificatio�s for this repa.ir. Please advise. 13A � n INKO , 0 P�JBI�C WC�2KS N�1IlII�NC� DIVISIa[d C'�'I'Y OF FRIDIEY 4UOTATION.S F�DR REPA�t WOiRK � WII�, NO. 5 I�ocated at 770 - 63rd Ave. N.E., �7idley, l�t 55432 SDGTION I• A. General Information• Zt�ese snecificatioazs are int�s�ded to oaver the inspectical arid repair w�z�k to Well No. 5, which has a su�oezsible p�mq�. It shall be riot.ed that the p�mg� is ari $ stage, 12MC Jacuzzi, arxi the a�rsible mobor is a Pflweger. �he i� is 175, the RPM is 1750, the wlts are 460 - Pii3 ani cycle 60. Serial No. 88257, type UN12-175. l. Size of well c�sing 2. Deptlz of well 3. Static level 4. Zbtal ptm�ing head 16 ]�ves 845 feet 287 feet 535 feet 5. Capacity of p� 1000 per mirn�te 6. Ool� pipe - 8" pipe of 21' 384 feet ratxian lengt2ls Zl�e tatal p�m�pis�g head does not it�clude los.ses in the p�m� � whic3i must be allv�aed by the bidder. Zl�e efficiency of the p�m�ir�g unit shall be as hic,� as correct d�esign ar�d engineeriux� will �n++; t. B. G�eneral S�ecifications• Bidder shall furnish all neo�.ssazY ecNiPnent, labor arri materials tA perform a va�lete repa�ir ar�d new part installatiaaz servic�e as follaas: 1. 2. 3. 4. Set uP equiPm�t� dis°°�u�ect PiP�4 � P�1 fmm w�ell. R�ll anci dismaritle 8-stage, 12MC Jacuzzi ptmg�; 175 i�, sutxnersible m�tor; coltmm pipe shafts aixi transport to ywr facility. After c�a�letion of repairs ar�d aoquisition of new pazts needed. deliver all materials ar�d it;�ns tfl jab site. Rei.nstall sui�mexsible mat.or air3 p�mp in well. 5. �v�ec.�t all PiPin4, etc. ani plaoe p� back in servive. All of the previwsly desczibed work will be oou�leted for the s�m► of $ 6, Wirir�g and motor to be inspected at time of removal by �wr�er's electrician. 13B QuatatiaLS for Repair Work to Well No. 5 Page 2 C. �e�a� u S�ecif ications • After vwr�x's inspection. anY �paius or Parts that he shall det�esmine to be neaessazy will be at rat�es (all rat�es ani part prioes shall i�clude stx� labor ar�d ir�stallatioa�► oost, where applicable) . Qtys Unit PY'ive Zbtal Dost 8" #5002 Class D Z�ec3�no c�ec.k valve 8"� 1' rarxian l��gth aoltmm pipe with oa�lirgs InQe,ller w�ear rin�s Bowl beariux�s �• 5--� &xal shaft �— $ $ ��� �_ �_ 8 _� $ $ $ $ S $ $ $ S $ S S Zbta1 Paxts: S Zto�ta,l s�cticc, I: S SEC,TIOId Ii: Bowl Assembly: If after cwnex's inspecti� the bowl asseqnbly re�quires replaoe�aent, the bidder shall furnish the bowl assc�nbly. ir�cludinc! adal�ters to suixaersible nKytor arid �1� pipe. Zhe bowl as��nbly shall be a].2MC Jacuzzi, 8-stage or approved equal. Perfoza�anoe cutve shall be furnisheci. Under wr�rkit�g conditia�s, 1�nnP shall provide 1000 GPM at 535 feet T.D.H. arxi shall not werload the 175 HP mat�r. &ywl assembly $ Alldwar�oe for old bdwl assembly $ Zbtal Se�ction II : $ - - --- SEGTION IZI• . A. 1. �lete re�air of a�bmersible mator $ ` 2. Replaarrent 3 ooatid�x.fior, 600 wlt pow�er cable $ 13C 0 Quotations for Re�air Work to We11 No. 5 Page 3 B. New Slibmersible MatAr• Oo�tractflr to s�ly new a�rersible 175 I� mot'ror, 480 volts, 3�ha_Se, no N/O - 3 oocr�uct.or, 600 v�olt power cable. Zbtal tdew rfabor: � . . - . . . - . �► • ,r�_• 7bta1 Sectioc'► III: SDCI'ION 1V • A. Bailirw S $ $ If th�e w�e11 is reported t� be filled with arYy sar�drx.k, the contractor is to furnish th� neoe �sazy labor and equi�nt to bail the well . Disposal of the sar�droc�Jc is to be by the oontractor. For fu�nishirq ar�d installistig the neoessa�y equiP'oent in the well ar�d bailing sar�drocJc for a period of 20 hwrs: � �� $ For more or less time than 20 hairs of ba.ilirg sar�dra',3c. Qost per hour $ B. O�ltmm Pipe: �lwmi pipe to be sarx�la��tecl, painted inside arxi artside with Yv.st-resistant pairit, Zbtal quaritity is approacimatQly 19 (rar� lerr�ti�s) • Prive per unit $ C. Disinfectirig: Zbtal: $ ZYie oo�tractor shall, after the installatioaz of the p�mq�, d.isinfect the we11 with no�t less than 10 paurls of hypociilorite dis.solved in water arxl po�ur'ed into the well. �e solutio� should �nain i.ri ti�e we11 at least tw�enty-faur hwrs before P��J. Solutio� will be p�mg�ed to waste during t�st Pw�ir�c!- Iimp S�n: $ D. �est Ra�ir�cJs After the disinfectir�g ar�d installatio�► has be�n caoc►pleted, the ooa�tract;or shall test p� ar�d dispos� of test water t� the aitside of buil� as iclentified by the Public Works Dir+ec.�tor. Fbur (4) i�aurs of tes-t pw�ir�g to the autside will 13D Quot,atiorLS for Repair Work to Well No • 5 Page 4 be zequired to reach the 5ppm sat�d oocYtQnt or less before the test p�m�irig into the syst�n can take plaoe. � �� $ E. SySt�n 7Destira: After the test p�mpi�g i.s va�le�tred, the oontract�r shall t�est the P'�1»! cap�acity of the installatia� in the pnes�e of a rep�+e.sP�tative of the � City to ensure 1, 000 gpm is obtain�. � �= $ To�tal secti� Iv: $ C�ZAND 'tCyl'AL (SF�CTI�LS I, II, III, & li� :$ Variations ar�d F�X�otions' Variatioa�s fran the abwe s�ecificatioc�s will be oonsides+ed pravidit�g the bidder calls particular attenti� tfl sudi e�tiarLS ar�d explains in detail the rea.,sons ar�d advantages for the e.�ooeptioa�. Zlve purchaser reserves the ric,�t to reject atYy or all bids. ... � All werk► equig�rent arid materials u_sed shall aoriform strictly with the of the followirg oodes: M�inne.sota State Board of iiealth American Water Works As..soci.atiari � American Society of Z�estir�g Materials or ariy o�ti�er ood� whic3� may apply. �� - After r+�pairs ar�d installation of pia�s arr3 all w�11 taerk has been aa�leted, �� the ooaitractor is to supply a written p�m� Y�eoord describir�g suc3i data as an installatiaa� plan, all statisti.cal data for p�a�s ar�d well, turvine p�u� cuYVe, list of parts ar�d materials u.sed, mat�exials re�nvved, �tc. -: �artiryg Date and oaie�letion Date: � 13E J Quo�tatials far �air Work t�o Well No. 5 Page 5 Notificatioaz to be given cc► any p�'d�lens arisir�g arxi a z�ea.s� �y, or an explanatioai of the problea► given to ti�e Public Works Director. a 10-10-91 C:�WP'�WFJ�iS\SPFX'S. �5 BY �. ��... �� �� - [.'• • i' ��� �K �3F Engineering Sewer Water Parks Streets Maintenance MEMORANDUM William W. Burns, City Manager ;�� PW91-309 TO: ; � John G. F1ora,�Public Works Director FROM: October 15, 1991 DATE: Emergency Repair of the 61st Avenue Sanitary SUBJECT: Sewer Line, Project No. 225 On Monday, October 7, 1991, we found a large settTement hole on 61st Avenue between 5th and 6th Streets. On Tuesday, October 8, when we excavated the street, we found damage to the 36 year old 15 inch corrugated metal pipe sanitary sewer line. This line is approximately 19 feet deep and, apparently, over the years the top section of the pipe has been corroding and is deteriorating. We replaced approximately 8 feet of the pipe and filled the hole. On Wednesday, October 9, we found evidence of settlement indicating further damage to the pipe. We attempted to TV the line on Thursday, but were only able to view about 60 feet of the line. We noticed some damage to the roof as well as separation of the pipe. On Friday, we again excavated the pipe and found more damage and, as a means of maintaining the sanitary flow through this main collector, inserted a 10 inch PVC pipe sleeve for 150 feet into the pipe. Since this sleeve obstructs the flow and allows sand to percolate into the line, and while the street is still not repaired, we wouZd propose to replace the corrugated metal pipe between 5th and 6th Streets with 15 inch PVC pipe. Because of the requirement to excavate the pipe using construction boxes, securing the parallel water and gas service lines, and still complete the repair work prior to the asphalt plant's closing next month, we have received quotes from two contractors. , Northdale Construction Company has submitted the lowest bid of $24,700.50 to replace the pipe and maintain the sanitary flow during the construction period. We would recommend the Council award a contract to replace the 15 inch sanitary sewer line on 61st Avenue between 5th and 6th Streets to Northdale Construction Company for $24,700.50. Funds for the work are available ir� the Sanitary Sewer Fund. �� � • 14 William W. Burns October 15, 1991 Page 2 It will not be necessary to modify the budget, but Council should. be aware that this is a change from the original Capital Improvements Progra� that identified the projects under the Sewer Fund. As the Enterprise Funds were not included as part of the original Budget Resolution, it does not require any amendment to the budget, but Council might want to be aware this is a project that was not known at the time the Capital Improvement Plan was developed and, as such, it is not included in that plan. We would also propose a Change Order to the current Street Improvement Project ST. 1991 - 1& 2 to replace the asphalt street surface once the sanitary sewer line repair work has been completed. When this emergency is completed, we will complete a TV inspection of the 12,000 foot corrugated metal pipe line in an attempt to determine its overall condition so that we can schedule an appropriate repair project, if required, over the next few years, without having to completely rebuild the sanitary system and the supporting roadways. JGF:ch 14A BID PROPOSALS FOR EMERGENCY REPAIR OF SANITARY SEWER LINE ON 618T AVENIIE COMPANY Northdale Const. Co. 14450 Northdale Blvd. Rogers, MN 55374 EJM Pipe Services, Inc. 7807 Lake Drive Lino Lakes, MN 55014 Volk Sewer & Water 8909 Bass Creek Court Brklyn. Pk., MN 55428 BID TOTAL BOND BID $24,700.50 $27,400.00 No Bid � � . COMMENTS r , ��r`. �, �,'p`a: � � F i ;� _� Y+• • � . �E '�� '.� � .a - �. �.v._ , r ._ � _ ,�.� ,[�' I M� .y . . � • t t , � '�L '�. , - f,�•^�► r ' / . .� . - �r � . . _ ,. . • - . �, , . �, - �, . � `t � f �. '� � ' � ��; °�°"ti � - . . 4.. ". �` �jF"�...-,�.. ,� ." K � � j�� � . . - ' �r" � �-, �i • . ` C i�a ' F � E . . x �, �. � . - k ;�y � i !. � a .h. , .... ,�,._., -- _ :.«:�:,., ..< < . ..�...�..:. �� � �, �.;.. _ t �., t .A, it ` . r _� / �� t , ``�'"�. .. ,> s � . � �i'� � t ��,,_. . �''���'.'�,�r '� :�rj • s ",.�--�' �, � tt� ! _ l? S t �K -3 s � � i � �+� {i« � �� ��y „� � ' t�'�'•�� -. �� '4 - St _ \- �t. - S� j+�'J • `,'' �.• . . . ,A 4 i���� i� . ' r +n� ...�.�� ,� i , 1 � .x � t ^Y' �. � , �i, e . .s'�'.� � , � . . ,.,``�'- , ���� � .� ��� �.�' i,:�� ,� � ' � $ J �;��;•��� 1 �,,� . � ,a���� �� � , „R � ���!r'L���? `tv1.. t �,'�� �` :.,. _ �. _ " �� . i- ....,,,,�"��.�f}. ".���'i'4``� . `\ --w-•,l��... �� � . � ":r.,,,. zi� ``��.`� �' . ^�� ������ a��'� '�. �. �,x'� � *, ����(' � . . ' � . � ' lfa P P�;�t } t � �.' � ' ' . � ��`� ' ' ���: ' ;� .�. , �,'- ;, `� � r. � . +�,_. •�' �w � l� ' ��� �,'/ . ( .} ` j•� f �.L�� •. t,� 'YA, '•, ,�� � �) �� � `' F � * � �� �. '`.L.% w , �t ! � ��`��h,��"� ; � ��� � � � ��� i1. � � � , �f. r.l ^►,� I a. ,� i� , y., � �. �M,� iro�y ^'�r�' e � �~0 .. . . la�,,��"� * ,�, �,', . � ��� t� � t �n t ..� � � �� . � "� . � * A �� ;y��♦.,�,P� %,� b, . �� �' �r, � i, . _ . � i �� a., '. f `' �'�� I �� }. . _. i. � . � � �d �. � y . . r - �^ w��� ,a . ��� '� a . . m � � � -Q �sa •�rrr.._ ���r I . ,� r�r , � • • wN � , � �� L%�� 'l'.�aM � . �ri � ,� • � �� . I - � „�.0 ».,w A r � •` � � -o � - �lj = .°�!� � �air� �} � :. . � . . • � .t - �- •. - - , . • . � : _ t � ` � ' � , ' , .;� . . ; i � . •Y. - '� . . .' , .�._�r..�--� - , A • • �� ilaraa . • - ,. . _ ' • J . • � � �� _� • .. , � . � . 1 � • � {)� � �I • I � � _ ' , iAy�� � • ��A . . . � � � . � ' t' • • • ' . . ' ; , _ � s � � ' � ' � 1 � �iNi� �f�M �N .Q S .. . a s s �N �Ow ' � . � � � � - • . � - ^ � tstlsi �� . � • � � _ _ _. ., a W as�� s�M� • G Z �' • � V � _ � � " . � m W . _ . . , ;, � . . _ . . � � �, . - . . � .. _ . .. .. - � � n. ��• � . . � _� ' -• . .. r Q � . , _ . �, � : , � - ,� . . . ` a � ,� ,,.,.....�, � -. - . , ►� � J - . .. ..= - , J .• • . _. �' . - :.. . � •. U , � l • • z ..• � - {T .. - ;�: - . , . • � � , : � ; � ,,� �.-.« . " �._ _ _ ,' ' � - ' -�.'' } � :. uas . _ " - - . . � . i • _. _ - �i i - � '_ r. t:-tt �.—._�._. ,. -=4 .� ti - ':, .r. � �� � � 1s - - • • . � • � . . _ - - �� ' � . <• i _ . " . - • - .. - _'. .�-� _ . �- • , , . t � . . �'- � • . � � - . " . . , . ;� � �� t� - • ' � 14 ' . ' �, . - . � � Engineering iSewer Water IParks Streets IMaintenance MEMORANDUM William W. Burns, City Manager PW91-312 TO: � FROM: John G. Flora; Public Works Director DATE: October 16, 1991 SUBJECT: Change Orders to ST. 1991 - 1& 2 Street Improvement Proj ect It has been decided that the Fire Training Facility proposed for the west end of the Municipal Garage area will not be constructed this year. In the 1991 Street Improvement Project, we had incorporated the costs of the asphaZt road and parking lot for the Fire Training Facility. Since this is not to be completed, we need to delete that portion of the work from the contract. Recommend the Council approve Change Order No. 3 to reduce the contract for Street Improvement Project No. ST. 1991 - 1& 2 in the � amount of $23,062.50. It is also necessary to repave the section of 61st Avenue between 5th and 6th Streets as the result of the sanitary sewer replacement. We would suggest that this asphalt work be completed by the street contractor for Street Improvement Project No. ST. 1991 - 1 & 2 . Recommend the Council approve Change Order No. 4 to increase the contract for Street Improvement Project No. ST. 1991 - 1& 2 in the amount of $20,225.00 for the resurfacing of 61st Avenue. These items will require a supplemental reappropriation at some point in the future, since these items affect the Capital Improvement Fund. JGF:�n 15 • �� � . C�'I'Y OF FRIDI£Y E[JGIlIF.E��TG D�EPA�7II�1'r 6431 LAJIV�iSITY AVE., N.E. FRIDI.EY, MN 55432 Octvber 21, 1991 W.B. Miller, Inc. 16765 Nutria Stre�t � Ramsey, NIId 55303 SUH7F7CT: Change O�ier No. 3: Street I�roven�ei�t Project No. ST.1991 - 1 & 2 Gentle�netz: You are hereby o�lered, authorized, and instruct�ed to mod.i.fy your cantract far Street I�roveznent Project No. ST. 1991 - 1& 2 by adding the follawir�g work: DEI�TIOd�IS• MM4�ul S(��DUIE H• FIRE TRAIl�ING CENI�2 1. �n �ccavation 2 . Agr�regate Ba.,se � Class 5, (100� Crushed) 3. Bitx%x Oa115e Mixture ( includitxJ oil ) 4. Wear douY'se Mi.xture (includiryg oil} 5. Bittnnino��.s material for tar3c coat APPROX. S�� 700 C.Y. 775 Zbn 225 Zbn 225 Tor� 300 Gal �AL DEI�TIONS TOiI'AL Ci�NGE ORD�tS • Original Contract Ama�uit C�ontract Addition -��ge Order No. 1 Contract Addition - Ct�ange Order No. 2 Oontract Deletion -�x�e Order No. 3 REVISID Cl�JIitACr 1�iA�Tr � 15A F'RICE $ 3.00 $7.50 $33.00 $33.00 $1.00 ANIOtJNT $2,100.00 $5,812.50 $7,425.00 $7,425.00 $300.00 $23,062.50 $366,230.00 6,904.00 77,906.50 - 23,062.50 $427,978.00 0 , W•B• Miller� Ir�c• Page � c1�ar,ge ord+er No. 3 Octaber 21, 1991 ,�, : S�bmitted arid October, 1991. p� bY ��� � .e�-f7�e(, � by John G. Flora, Public Wbrks Direct.or, on the 21th day of J . F1ora, P.E. r of Public Works Approved ar�d aooepted this � b day of Q ��, 1991, by W.B. Miller, Inc. � / � �/ Approved arid aooepted this 21st day of October, 1991, by M • ' • �� WilZiam J. Nee, Mayor William W. Burns, City Manager 15B � STRF:�.T piaO�TDC,`T PU. ST. 1991 - 1& 2 REV. 4/26/91 StsiIDIILE OF P�2IC�5 STI2F.'Er PROJF7CT ST. 1991 - 1& 2 � PAi2T H ' (FII2E R�A�V� C�fI'�Ri b�,�ec or Approx It:e m with Unit Prioe Unit Prive Amaint �tem No 4uantitv Bid Written in Woras D�llars Oents Dc�llars Oents r E105.501 700 �Onmion btcavation ai. Yd. at Dollazs ar�d 3• �' ' Zl aa• � i ^^- aents per Qi. Yd. �� 2211.503 775 Agg. Class 5, 100� ��i , .. �_.. Zbns at Dollars ar�d �► ` S D SS 1 Z� 5-D � �� c�ents per 2bn . 2341.510 225 Binder Course Mixi�ure (iricludicx� oi1) �,,,�-,,,._....�_.... Zbns at llars arxl � ev 7A Z S au �3 , 7- . -�-� cer,ts per 7bn �341.5q8 225 Wearirig • Mixt�lre (incltlding oil) �r � Zbns at Dollars ar�d ��. °'� `7� z 5� b• / �-- �nts per Zbn ?357.502 300 Bit�nni.naus Material for Tack Goat o t �''� .r Gal . at �• Dollar•s and � D � � p Q. . �- cents pex Gal. Z�OTAL — PART H (FIRE TR�TII�G (�frER) - $ ' ---�7.-�-.�-`d-�.2:.5-�- �� � �„� �:."�..... 1 x � s��. 61 15C CI'I'Y OF FRIDIEY FNGIl�iF•F�Il1G DEPAR'II�1T 6431 UNIVIItSITY AVE., N.E. FRIDIEY, IrIId 55432 OCtobex 21, 2991 W.B. Miller, Inc. 16765 Nutria Street R3msey, MN 55303 SUB7�C.T: Cl�ange Order No. 4: Street Imprave�ner�t Project No. ST.1991 - 1 & 2 Gentle�nen: Yau are hereby ordered, authorized, and instructed to modify your �tract for Street I�rove�nerit Project No. ST. 1991 - 1& 2 by adriirig the follaair�g w�ork: ADDITI�S: � APPROX. 1'I�'I OLTANIZTY SC�DLJLE M: 61st AVF,tJUE PAVING - 5th ST. to 6th ST. 1. Aggregate Base, Class 5, (100� CZvshed) 800 C.Y. 2. Bindex �aut�se Mixture #2331, (includes oil) 215 Zbn 3. Wear G�ourse Mixture #2341, (includitlg oil) 4. Bit�nnir�aLS material for tack ooat 215 Zbn 250 Gal ����c`�: �,� YM�� �� 'Il7I'AL Q�1NGE ORDEE2S' Original Cbntract Amount �tract Addition - C�ige OYder No. 1 Contract Addition - Q�ange O�ier No. 2 Qoaitract Deletion - C�ange Ozder No. 3 Oo�tract Ar�dition - Change Order No. 4 •,- • :�:�. ..: • n 16 PRIC� $7.50 $32.00 $33.00 $i.00 • -�-- $6,000.00 $6,880.00 $7,095.00 $250.00 $20,225.00 $366,230.00 6,904.00 77,906.50 - 23,062.50 20,225.00 $448,203.00 � W.B. Miller, Ir�c. Page � Qlanqe Order No. 4 Octciber 21, 1991 Sv�ngtted and apprwed by Jahn G. Flora, Public Works Director, on the 21st day of . October, 1991. � � ����a � � a..-.�L. G�,c�..:�.- � � G. Flora, P.E. r of Public Works p,pproved and aooepted this day of � , 1991, by W.B. Miller, Inc. u � � � Appraved and aocepted this 21st day of october, 1991, by CITY OF F1tIDI�X William J. Nee, Mayor William W. Burns, City Manager Approved arr3 acoepted thi,s day of , 1991 by u i �. • • � �� • -�� i� • .. .�.� • Elliot Ruhlar�d, P.E. District State Aid F��gineer 16A ir � � E F G ` �IIOORLTN ���R y MQpR�tM aMT(� � � �� ;, 'i ��- - �� ;��. ' , i ... , . � _. .. . ,, :.f � � i . � � � /'- :� -• - �-- -- -- -- -- -- ' �' _ � � i� . J. - = .J.O� µ� w A ^ • IOCR[r r' ►�11v i ��. + �1'• ' .� �I� J.i-7.; .i� %J..�� O r p � �a� C � fi � • . j� i IJ.K...�r:�^� � � 0' • � ' e e � • � ■.'�:.. 1� � LwtJ7 7 A �� D i Y O + L O 7 C, �� � .� �r • . � I ^ , � . � � .aJ7"�^ �'�e�� r,� o C .• ♦ '• '�' ��u�► ��-•o a o A a a ' s• °• ' � C 6 e �1'��'.�:�!'�.17 �' �o � p 4 • p � . ► � �� • j j� � o �1L....i' + � � + • C � �G . ` � � A � � V � - .. ` '' � ) � ° e ti' . o s i, C J t� � C . � � 1� � • \'� ' �1 G � � 1 �w � a �i �i4 . , a - �" ' � ,,� z . ,, .,... s (n �' C W � ,.. �, �� Z �„� �a� . ,� � � -o o �� � � • ( 3i '^ ""'� � . � _ c,�� � ji � 0 e a �� � �' re /� u r �(/_����� �� � ... � S "Y f: � \ � w� �� � II� -- :�::� , V^ �.. ..i �� • .ww : -' _. ' ,,� \ �_ �� � nn.,,s � � `�„�Jh _. � `�' QKR� � � ,' , _, . .' y - � :' J� _ 11 , - � 11 ` 11 � i � �f � _ �� u r �w � . , � „ : ��`iw�� �..+ N , � � � t � r w�[� � . �� � � ;k 1 � 4� 1 S � ..« 8 _ c '' � _. �';L :: ' . ..._. c .:�,: � ., � , - ;: _••. a`�, -i++i��i:•�-�- Gu � '� ; �o C (+/� Q �r�ii i1- t �: vUV� ... �. � �w � A '�r'a � I��f�=.�rj.f' .�r f �S+'IV`� � � r t 4S �.... C +ti�1-:�-�T � � �'�ui.�� ° r'-j a� t f �~Q c �`� sfr.._*:..•,t�� e ' -= , ' �� �J � F � V � : i �±�. . F � .�"�',' i , v �� ��v V �...� .� �� p (.�V GL` J.. C � _' �" ��' ''�'�� �_ ^ 1 � � /��: � 3'C,�t'� F v � O :..�i,�;�j4*� %i � " =� --`.' Vs f � (:�„� .� f• : .: i ' .riCi%i.�",t:� _ _ _ � u�e �.���". �4�C —_.— i; :� �r'-�-';'.�r M;��. 'i �OF a ^� �7 ... . i� � • � ? ��� i:�_ ~ :: h10 � ��, � :.Q � 0 � � � t _ .::., ��:: : : � > ; �� , - . _.... �'<� -" �.�..:�.. � G ,�CQ �_ ` J'' '' '. � ! 'V�. �^ ., �� 4�;` ; , ; I J ., � � C�C � ;� ``y��+.. � � , � � d� �� `. I � /� .� � 4(y �(j r`.�. 1 j 1 1� aa7 Y �' C�i..'.'"�'.. �1 1�. I � y i L�j_..---�• ..� � ' � � �� r � i • � - - :;� --�,• ' 1 1 , � �1M � � � f j � � ww� � �� �� � �;� � ; :; 1: - : , � l �� �� .�. .. i .�;,, , . ,, ;;:; � �� � _ _ ��-�..�- , .� � ., ____ _.__ � y- ? ; � •.ee / �� r ' "`.' � � � ` ", � i i �' � J �i i� � � � r � �' . � `L e� � _ �,; »�...... 1 � . .� , , �, � ��� l� I r� � .�� ��� -- - ,� � � , ,;; .. _ � ..... �i�' _ v � t �---- � � � � - r�mmni�,.. a ;� �� . .� , ; -- - � �� 4 ' ' ' L .�. � � nn. � � .�..+.. � . �� ' � . �(i r � � � � � � �,A I � ' � .._ _ � � .»....�� � ' --- I � . � ', � . � � :��or.= � � . , u �� � . ; � IETTERED STREETS � y� p � ' � � 1 _�- Wlf�wl� /1. R li7 MYUY! �I+L � ►I. Mt I^ . . �� +� , d�lt A. r !4 4ww M. i 1�1 ' ,� �� .'�, ' . _ � .� 1'i � oi�.MdW s -. �'� � � _ 1 O�N Y�w li I-i �i ►• � ►4 t�4 F� CITY OF FRIDLEY M E M O R A N D U M TO: WILLIAM W. BURNS, CITY MANAGER �, � �' � FROM: RICHARD D. PRIBYL� FINANCE DIRECTOR SHIRLEY A. iiAAPALA, CITY CLERK SUBJECT: RECEIVING STATEMENT OF CANVASS DATE: OCTOBER 17� 1991 The Statement of Canvass for the November 5, 1991 Election for the Councilmember in Ward II should be received by the Council within seven calendar days after the election. We have attached a copy of a section from the City Charter, "Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE." Since the next scheduled Council Meeting is November 18, 1991 and is beyond the seven day City Charter requirement, we would like to suggest that the Council set a date for a special meeting to receive the Statement of Canvass sometime between November 6 and 8, 1991 so they are in compliance with the City Charter. 17 � 4.08 certify that we are registered voters and that we have not signed more nomination petitions of candidates for this office than there are persons to be elected thereto. Name Street and Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � -� , , , , , , , . . . . . , being duly worn, deposes and says, "I am the circulator of the foregoing petition paper containing signatures and that the signatures appended thereto were made in my presence and are the genuine signatures of the persons whose names they purport to be." . . . . . . . . . . . . . . . . . Subscribed and sworn to before me this ..... day of ..... , 19 . . This petition, if found insufficient by the City Clerk, shall be returned to . . . . . . , at Nwaber . . . . . . . Street . I hereby indicate my willingness to accept the office of .... if duly elected thereto. (Ref. Ord. 857) Section 4.08. CANVASS QF ELECTIONS AND TAKING OF OFFICE. The Council shall meet and canvass the election returns within seven (7) calendar days after any regular or special elections, and shall make full declaration of the results as soon as possible and file a statement thereof with the City Clerk, and said statement shall be made a part of the minutes. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath of office. (Ref./Ord./592) 17A 10/05/89 FINANCE DEPARTMENT ■► � r��r MEMORANDUM TO: WILLIAM W. BIIRNB, CITY MANAGER �l l � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR DAVID DIIBORD, ASSISTANT FINANCE DIRECTOR MARY BMITH� ASSL$SMENT CLBRR � SUBJECT: RESOLIITION CONFIRMINt� ASSE88MENT FOR STREET IMPROVEMENT PROJECT NO. STREET 1990 - 3 DATE: OCTOBER 2, 1991 Attached you will find the resolution confirming assessment for Street Improvement Project No. Street 1990 - 3. The petition for this project was received by Council June 18, 1990. This project involved the extension of 67th Avenue off of Oakley Street, extending Oakley Street 50 feet and extending and paving the parking lot at Springbrook Nature Center. The total cost oF the project is $99,928.01. The amount of $56,786.47 for Oakley Street and Springbrook Nature Center will be paid by the Capital Improvement Fund. The amount of $43,141.54 will be assessed equally on�the seven lots involved. They will be assessed over a ten year period at seven and one-half percent interest. RDP/ms Attachment : RESOLUTION NO. - 1991 RESOLIITION CONFIRMING ASSESSMENT FOR BTREET IMPROVEMENT PROJECT NO. STREET 1990 - 3 BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper . amounts to be specially assessed for the STREET IMPROVEMENT PROJECT NO. STREET 1990 - 3 in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with th� City Clerk tabulated statements in dup].icate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed and the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the STREET IMPROVEMENT PROJECT NO. 3TREET 1990 - 3 in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. : � Paqe 2- Resolution No. - 1991 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectiv�ly. 7. Said assessment so affirmed, adopted, and confirmed, shall be certified to by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for STREET IMPROVEMENT PROJECT NO. BTREET 1990 - 3 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same have been paid at the rate of seven and one-half (7 1/2 �) per cent per annum. 9. Such assessment shall be payable in ten (10) annual installments payable on the first day of January in each year, beginning in the year 1992, and continuing until a11 of said installments shall have been paid, each installment to be collected with taxes collectible during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of the amount oi all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PA83ED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991 ATTEST: SHIRLEY A. HAAPALA - CITY CLERR . WILLIAM J. NEE - MAYOR ''�� FINANCE DEPARTMENT � � ��r MEMORANDUM �- : TO: WILLIAM W. BIIRNS, CITY MANAGER v�� ��� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR DAVID DUBORD, ASSISTANT FINANCE DIRECTOR MARY BMITH, ASSESSMENT CLERR SIIBJECT: RESOLIITION CONFIRMING ASSESSMENT FOR NATER, SANITARY SEWER & STORM SEWER PROJECT NO. 210 DA,TE: OCTOBER 2, 1991 Attached you will find the resolution confirming assessment for Water, Sanitary Sewer & Storm Sewer Project No. 210. The petition for this project was received by Council June 18, 1990. This project involved the extension of 67th Avenue off of Oakley Street. The total cost of the project is $35,395.50. The amount of $6,838.70 will be paid by the Water Fund and $28,556.80 will be assessed equally on the seven lots involved. They will be assessed over a twenty year period at seven and one-half percent interest. RDP/ms Attachment 19 RESOLIITION NO. - 1991 RESOLIITION CONFIRMING ASSESSMENT FOR WATER� SANITARY SEWER & STORM SEWER PROJECT NO. 210 BE IT RESOLVED by the City Council of� the City of Fridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the WATER, SANITARY BEWER & STORM SEWER PROJECT NO. 210 in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of eaeh and every lot, piece, or parcel of land to be specially assessed and the amount calculated against the same. Z, Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except 4. The amounts speaified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the WATER, SANITARY SEWER & STORM SEWER PAOJECT NO. 210 in the amount in said proposed assessment as altered and modif ied by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 19A Paqe 2- Resolution No. - 1991 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, shall be certified to by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for WATER� SANITARY SEWER & STORM SEWER PROJECT NO. 210 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same have been paid at the rate of seven and one-half (7 1/2 �j per cent per annum. 9. Such assessment shall be payable in twenty (20) annual installments payable on the f irst day of January in each year, beginning in the year 1992, and continuing until all of said installments shall have been paid, each installment to be collected with taxes collectible during said year by the county Auditor. l0. The City Clerk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991 ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. iiAAPALA - CITY CLERR � FINANCE DEPARTMENT � � �r � MEMORANDUM TO: WILLIAM W. BIIRNB� CITY MANAGER �� ,�1,. , �t� FROM: RICiiARD D. PRIBYL, FINANCE DIRECTOR DAVID DIIBORD, ASSISTANT FINANCE DIRECTOR MARY SMITH, ASSESSMENT CLERR SIIBJECT: RESOLIITION CONFIRMING ASSESSMENT FOR TREATMENT AND REMOVAL OF TREES 1991 DATE: OCTOBER 2� 1991 Attached you will find the resolution confirming assessment for Treatment and Removal of Trees 1991. There is one property to be assessed for this and an assessment agreement was signed by the owner. The total cost for this is $225.00 and will be spread over a five year period at seven and one-half percent interest. RDP/ms Attachment 20 RESOLIITION NO. - 1991 RESOLIITION CONFIRMING A3SE38MENT FOR THE TREATMENT AND REMOVAL OF TREES 1991 BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1� The City Clerk has with the assistance of the tree inspector heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the TREATMENT AND REMOVAL OF TREES 1991 in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed and the amount calculated aqainst the same. 2. Notice has been duly published as required by law that this Council would meet in regu3.ar session at this time and piace to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except 4. The amounts specified in the proposed assessment are changed and altered, as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specialiy benefited by the TREATMENT AND REMOVAL OF TREE3 1991 in the amount in said proposed assessment as altered and modified by the corrective ro11 in the amount set opposite the description of each such lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. � '� PAGE 2- RESOLIITION NO. - 1991 6. Such proposed assessments as altered, modified, and corrected are affirmed, adopted, and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed shall be certified to by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for TREATMENT AND REMOVAL OF TREES 1991 8. The amounts assessed against every lot, piece, or parcel of land shall bear interest from the date hereof until the same have been paid at the rate of seven and one-half�(7 1J2 �) percent per annum. 9. Such assessment shall be payable in five (5) annual installments payable on the f irst day ot January in each year, beginninq in the year 1992, and continuing until all of said. installments shall have been paid, each installment to be collected with taxes collectible during said year by the County Auditor. � 10. The City Clerk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COQNCIL OF THE CITY OF FRIDLEY THIB DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERR 1: WILLIAM J. NEE - MAYOR MEMORANDUM 21 RESOI,UTION NO. - 1991 RESOLUTION DESIGNATING TIME AND NOMBER OF COIINCIL MLETINGS WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the City Council meet at a fixed time not less than once each month; and WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council shall meet at such times as may be prescribed by resolution; and WHEREAS, it is the intent of the Council to comply with the open meeting provisions contained in Minnesota Statutes 471.705 as interpreted by the courts; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that: 1. The Council will hold regular meetings in the Council Chambers of the Fridley Municipal Center, commencing at 7:30 p.m. on the following Mondays in 1992: January 6, January 27, February 3, February 24, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 29, July 6, July 20, August 3, August 17, September 21, September 28, October 5, October 19, November 9, November 23, December 7, and December 21. 2. The Council will hold conference meetings at the Fridley Municipal Center, at which time matters are discussed but no formal action is taken, commencing at 7:30 p.m. on the following Mondays in 1992: January 13, February 10, March 30, April 27, May 11, July 27, August 31, October 26, and November 16. 3. On the dates of regular Council meetings, conference meetings will be held in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 21A : ■ �r � ca-nroF F(tiDLEY a 1992 CALENDAR CITY COUNCIL MEETINGS AND HOLIDAY SCHEDULE January i992 S M T W T F S � 2 3 4 S 6 7 8 9 10 11 12 14 15 16 17 t8 19 21 22 23 24 25 262 28293031 May S M T W 3 5 6 10 12 13 17 18 19 20 24 26 27 31 1992 T F S 1 2 7 8 9 14 15 16 2 i 22 23 28 29 30 Septembe� 1992 S M T W T F S 1 2 3 4 5 9 11 12 13 4 1 18 19 20 22 23 24 25 26 27 29 30 February 1992 S M T W T F S 1 2 4 5 6 7$ 9 11 12 13 14 15 16 18 19 20 21 22 23 2 25 26 27 28 29 June 1992 S t� T W T F S (1) 2 3 4 7 8 9)0 11 12 13 15 16 i7 18 1 23 24 25 26 27 28 30 Octobe� 1992 S M T W T F S 1 2 3 4 Q 6 7 8 9 10 t1 13 14 15 16 17 18 19 20 21 22 23 24 25 2728293031 Conference Schedule March 7-10 NLC Congressional City Conference Washington, D.C. June 12 - 15 League of Minnesota Cities Conference Bloomington, Minnesota September 13 - 17 ICMA Conference Reno, Nevada November 28 - December 2 NLC Congress of Cities New Orleans, Louisiana � X = Holidays O = Council Meetings ❑ = Conference Meetings Budget Work Session Dates: June 3, 17, 22 & 24 (if necessary). Ma�ch S M T W � 4 8 9 1 11 15 16 17 18 22 24 25 29 31 July S M T W 5 � 7 8 12 14 15 19 0 21 22 26 28 29 S t2 19 26 2 16 23 30 1992 Ap�il 1992 F S S M T W T F S 6� t .2 3 4 13 14 5 6 7 8 9 10 11 20 21 12 14 15 16 17 18 27 28 19 21 22 23 24 25 26 28 29 30 1992 August 1992 F S S M T W T F S � 4 1 10 11 2 4 5 6 7 8 17 18 9 11 72 13 14 15 24 25 16 1 18 19 20 21 22 31 23 4 25 26� 27 28 29 30�1 Novembe� 1992 S M T W T F S 1 3 4 5 6 7 8 10 � 12 13 14 15 17 18 19 20 2i 22 2 24 25 � ��$ Le,gal Holidays. Jan. 1 Jan. 20 Feb. 17 May 25 July 3 Sept 7 Nov. 11 Nov. 26 Dec. 25 9 �ecember 1992 S M T W T F S 1 3 4 5 6(� 91011 12 13� 15 16 17 18 19 20 (^c 1 22 23',�4� 26 27 2$ 29 30 31 New Year's Day Martin Luther King Jr. Day Washington-Lincoln Day Memorial Day Friday before Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Day Holidays Additional Holidavs: Nov. 27 Friday after Thanksgiving Dec. 24 Christmas Eve 11 Total Holidays Council meetings will be held the �rst and fourth Mondays of January and February; the 5rst and third Mondays of March, April, May, July, August, October, and December, the first and fifth Mondays of June; the third and fourth Mondays of September; and the second and fourth Mondays of November. Confereace meetings will be held on the second Monday of January, February, and May; the fifth Monday of March, and August; the fourth Monday 21 B of Apnl, July, and October, and the third Monday of November. 22 23 � � FOR CONCURRENCE BY THE CITY COUNCIL �p � October 21, 1991 Type of License: By_ Approved By: CHRISTMAS TREE LOTS Harthans Lawn Care Tim Harthan Richard Larson 5625 Boone Ave. No. #221 Fire Inspector New Hope, MN 55428 CHARITABLE ORGANIZATIONS LICSNSES Fees: $200.00 Deposi:t $100.00 Fridley Police Explorer Cp1.Lynne Tellers James P. Hill Post # 886 Public Safety Director 6431 University Ave.N.E. Fridley, MN 55432 INTERSTATE COMMERCE SOLICTOR Marketing Assoc.Group Inc. D. Reni�c James P. Hill Box 18050 Public Safety Director 306 Irvine, CA 92714 USED MOTOR VEHICLES Skip's Central Auto Parts Michael Allen Geithman 1201 -732 Ave.N.E. Fridley, MN 55432 � 24 James P.Hill Pub7ic Safety Dir. Exempt Exempt $150.00 .. _ � � FOR CONCURRENCE BY THE CITY COUNCIL GAS SERVICES Heating & Cooling Two Inc 9290 Zachary Lane N Maple Grove MN 55369 Northem Air Corporadon 75 S Owasso Blvd Little Canada, MN 55117 GENERAL CONTRACTOR Brandvold Builders 5345 Colfax Ave N Brooklyn Center, MN 55430 Builders 8r. Remodelers 3517 Hennepin Ave S Minneapolis, MN 5540$ McGough Construction Co Inc. 2737 N Fairview Ave Rosevilie MN 55113 Mikkelson-WulfF Construction 126 Blake Rd N Hopkins MN 55343 Minnesota Landmark 1342 Grand Ave St Paul MN 55105 Murphy Bros Bldg & Remodeiing Co 1337 Gardena Ave Fridley, MN 55432 Northern Circte Systems 1155 Old Hwy 8 New Brighton MN 55112 HEATING B & C Heating Inc 4071 Sunset Dr Spring Park MN .55384 Steve Sinkie Terry Gaetke � Dave Brandvold Nick Terech John Shea Bruce Wulff Martin Taluja 7ohn Murphy Steve Dahlke Robert Ritchie 24A LICENSES CLYDE WILEY Bldg/Mech Insp. Same DARREL CLARK Chief Bldg Ofcl Same _ Same Same Same Same Same CLYDE WILEY B1dglMech Insp Heating & Cooling Two Inc 9290 Zachary Lane N Maple Grove, MN 55369 Northern Air Corporation 75 S Owasso Blvd Little Canada, MN 55117 MASONRY Dodge Concrete Co 10508 Eagle St NW Coon Rapids, MN 55433 PLUMBING Eide Plumbing Co 2868 - 135th Ave N Andover, MN 55304 J. Scott Plumbing 2112 Highwood Ave St Paul, MN 55119 Spiess Plumbing 1073 E �range St Paui, MN 55106 ROOFING Walker Roofmg 2701 - 36th Ave 5 Minneapolis, MN 55406 Steve Sinkie Terry Gaetke Kenneth Dodge Bob Eide S+cott Jochim Scott Spiess Jackie Anderson 24B Same Same DARREL CLARK C�ief Bldg Ofcl STATE OF MINN STATE OF MINN Same DARREL CLARK Chief Bldg Ofcl �PPROVED BY R.H. LARSON, FIRE P�04T� TION BUREAU/HOUSING INSPECTOR G ' CIlYOF FRIDLEY FOR CONCURRENCE BY THE CITY COIINCIL OCTOBER 21, 1991 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of September, 1991 W. B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 ESTIMATES . . . $ 8,699.50 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 9 . . . . . . . . . . . . . . . . $ 37, 625. 32 Northdale Construction Co., Inc. 14450 Northdale Blvd. Rogers, MN 55374 Skywood Lane Water Extension Project No. 220 Estimate No. 1 . . . . . . . . . . . . . . . . . $ 65, 238. 87 Maier Stewart & Associates 1959 Sloan Place St. Paul, MN 55117 Clover Pond Diversion/52nd Avenue Floodway Project No. 222 Partial Estimate . . . . . . . . . . . . . . . . $ 789.40 25