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06/21/1993 - 4947[�; � FRIDLEY CiTY COUNCiL JUNE 21, 1993 PLEDGE OF ALLEGfANCE: APPROVAL OF MINUTES: City Councii Meeting of June 7, 1993 ADOPTION OF AGENDA: OPEN FORUM. VISITORS: (Consideration of Items Not on Agenda - 15 Minutes) OLD BUSINESS: Second Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #93-01, by Mark and Jean Schwartz, and Frank �1 �� .� `� � ' � �� and Vallie Labandz) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 1 A FRIDLEY CITY COUNCIL MEETING OF JUNE 21, 1993 Page 2 NEW BUSINESS: Receive an Item from the Appeals Commission Meeting of May 18, 1993 : . . . . . . . . . . . . . . . 2 - 2LL � Variance Request, VAR #93-09, by Walter Bauer, to Reduce the Setback between the Living Area and the Side Lot Line from 10 Feet to 4.5 Feet at 6420 Starlite Circie; 10 Feet to 5 Feet at 6422 Starlite Circle N.E.; 10 Feet to 7 Feet at 6430 Starlite Circle N.E.; and 10 Feet to 6 Feet at 6432 Starlite Circle N.E. to Allow the Construction of Two New � Two-Family Dwellings , Receive Items from the Appeals Commission Meeting of June 1, 1993: .. A. Variance Request, VAR #93-10, by Michael and Jennifer Milligan, to Reduce the Side Yard Setbac on a Corner Lot from 25 Feet to 1 Feet to Allow the Construction of a Three-Car Garage, Generally - Located at 392 - 66th Avenue N.E ...................... �� f '...... ..... 3-3N n)� /� _� � �� / D� �. ...... 3-3G � � �� Iv B. Variance Request, VAR #93-11, ,� / by Top Tool Company, to Reduce ('� the Front Yard Setback from d 100 Feet to 90 Feet to Allow ��c� the Construction of a Small Addition, Generally Located at 7615 Baker Street N.E . . . . . . . . . . . . . . 3H - 3N FRtDLEY C1TY COUNCIL MEETtNG OF JUNE 21, 1993 Page 3 NEW BUSINESS (CONTINUED� Receive the Minutes from #he Pianning Commission Meeting of May 26, 1993 . ...... 4-4A Receive the Minutes of the Planning Commission Meeting of June 9, 1993 : . . . . . . . . . . . . . . . . 5 - 5R A. Special Use Permit Request, SP #93-08, by Sam's Auto � Buying Program, to Allow � �/� Automobile Agencies Selling � or Displaying New and/or �� Used Motor Vehicles � �� Generally Located at� 8150 . � � �� University Avenue N.E . . . . . . . . . . . . . . . . 5 - 5F ...................51-5R Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids for the ��,� TCAAP Interconnect Pipeline , Project No. 248 . . . . . . . . . . . . . . . . . . . . . . . . Resolution Ordering Improvement, i - Approval of Plans and Ordering ��'.�,,� Advertisement for Bids for 63rd Avenue Booster Station Project No.250 ............................... ... 7 FRIDLEY CITY COUNCIL MEETING OF JUNE 21, 1993 Page 4 NEW BUSINESS (CONTiNUEDI: � �� , Resolution Authorizing the Posting of " � "No Parking" signs on One Side of �� Arthur Street . . . . . . . . . . . . . . . . . . . . `. . . . . . . . . . . . . 8 - 8A � � � Approval of an Agreement with Minnesota Pollution Control Agency � ` / � for Commons Park Pumping Test . . . . . . . . �..� . . . . . 9 - 9K Change Order No. 5, 1992 Street Improvement Project No. ST 1992 - 1&2 .... 10-10B Resolution Authorizing an Early � \ �-� � � Retirement Incentive for Eligible �, J Employees of the City of Fridley . . . . . . . . . . . . . 11 - 11 B InformalStatusRepor�s,,_._••••••••••••••.•....•..•• 12 , ,. / - � r ,� Claims . .. . .. . .... . ... . . .. . .. .. . .. 13 9" Licenses . . . . . . . . . . (. Estimates . . . . . . . . . . . . ADJOURN: ...................... 14-14B . .�. ............... 15 � THS MINIITES OF TH$ REGIII,AR MSETING OF TH$ FRIDLEY CITY COIINCIL OF JIINE 7. 1993 The Regular Meeting of the Fridley City Council was called to order at 7:46 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and the audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilman Schneider MEMBERS ABSENT: Councilman Fitzpatrick PRESENTATION OF PROCLAMATION: MISSI5SIPPI RIVER CLEANUP MONTH - JUNE, 1993: Mayor Nee read and issued a proclamation proclaiming the month of June, 1993 as Mississippi River Cleanup Month. APPROVAL OF MINUTES: COUNCIL MEETING, MAY 17, 1993: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: LEGISLATIVE UPDATE - SENATOR DON BETZOLD: Senator pon Betzold thanked Mayor Nee and the councilmembers for the opportunity to present this legislative.update. He stated that a number of bills were introduced dealing with the Metropolitan Council, but most of them did not pass. He stated that one bill that did pass was the issue of governance and the role of the Metropolitan Council which will be studied by the Legislature. Senator Betzold stated that in regard to the 800 megahertz system, the FCC is making a number of frequencies available, and a FRIDL$Y CITY COIINCIL ME$TING OF JIINE 7. 1993 PAG$ 2 committee has been established to review this issue and determine the best use of that system. Senator Betzold stated that the City should make sure that their emergency water supply plans are updated. He stated that these plans have to be submitted to the Metropolitan Council by January 1 for their comments. Senator Betzold stated that there will be some grants to cities for cleaning up pollution. He stated that the super fund was broke and restructured for $3.7 million, but most of these funds will be used for litigation and not cleanup. He stated that garbage collectors will be required to collect a$2 per year fee per household for landfill cleanup. He stated that wetland rules go into effect in July, and there is extra time in implementing these rules. Senator Betzold stated that rules concerning data practices can be reviewed by the State Department of Administration at a cost of $200. He stated that this issue arose as a result of local governments being sued due to releasing or not releasing data. However, cities are not bound by the opinion given by the Department of Administration. Senator Betzold stated that legislation pertaining to stalking was passed. He stated that restrictions were passed on the personal use of public vehicles. This is virtually prohibited. Senator Betzold stated that legislation was passed which allows a public hearing for city managers who are being fired. He stated that many bills were passed dealing with personnel issues including mandatory arbitration of retiree health insurance for essential employees. Senator Betzold stated that the tax bill areated a board that can grant exceptions to mandates. He stated that the county was spending funds to record special assessments. A nominal fee of $1.00 has been approved to cover these costs. Senator Betzold stated that the homestead declaration will change so that homeowners do not have to file every year. He stated that levy certifications will be done differently, and the actual levy will be certified to the county. Senator Betzold stated that the local government aid formula is based on need. Fridley will receive about a 2.6 percent increase for 1994. He stated that cities will be paying less sales tax on public safety equipment. Senator Betzold stated that Governor Carlson wants an across the board cut in programs to protect the budget reserve if the November, 1993 forecast shows a decrease in revenue. He stated that this could affect local government aid and result in a decrease in these funds. FRIDLBY CITY COIINCTL ME$TINQ OF JIINE 7. 1993 PAG$ 3 Senator Betzold stated there was a bill that would have addressed the problems dealing with charter amendments. This passed the Senate but will be further studied by the House. Senator Betzold presented a booklet to the Council containing legislative updates. He stated that it was a pleasure to serve his home city of Fridley during this past legislative session. Councilwoman Jorgenson stated that the FCC 800 megahertz system has serious problems, as it cannot broadcast through trees or buildings. Councilwoman Jorgenson stated that in regard to water supply, the Navy at FMC is currently pumping one million gallons of water a day into the river. She stated that the Council will seek support from the legislature to try and convince the Navy that once the water is clean it should be returned to the water supply system. Councilwoman Jorgenson felt that the fee for landfill cleanup should not affect the metropolitan�area, as most of the landfills are outside the metropolitan area. Mayor Nee stated that he appreciated Senator Betzold's update and thanked him for attending the meeting. Senator Betzold asked the councilmembers to contact him if they have any questions or concerns. MEADOWLANDS PARK• Mr. Pete Eisenzimmer, 6535 oakley Drive, asked when the work at Meadowlands Park would be completed. Mr. Flora, Public Works Director, stated that the contractor has to remove the dirt, install a storm pipe, complete the final grading and construct the walking path. He stated that this work should be completed in three weeks as soon as drier weather conditions permit it. LOCKE LAKE• Ms. Ann Bolkcom, 6821 Hickory Street, invited everyone to attend the public hearing to be held by the Rice Creek Watershed District on June 24 at the Shoreview City Hall, as they will probably vote on what wiZl be done to Locke Lake at this meeting. She stated that the Locke Lake Homeowners Association will have a meeting on June 10 at the Municipal Center and invited Council to attend. Councilwoman Jorgenson stated that she and Councilman Billings will be attending the League of Minnesota Cities Conference at this time and could not attend the meeting. FRIDLEY CITY COIINCIL MELTING OF JIINL 7. 1993 PAGE 4 Ms. Bolkcom thanked Mayor Nee and John Flora for coming to their meeting last week and said they appreciated all their help. '49er DAYS: Mr. Hal Hinchcliffe invited everyone to the annual '49er Days celebration which begins Wednesday, June 16. He reviewed the various events that would be held throughout the week. Mr. Hinchcliffe stated that he noticed that the licenses listed on the agenda did not contain approval for a carnival license for the '49er Days. He asked that the Council consider this license. PUBLIC HEARING• 1. PUBLIC HEARING FOR AMENDMENTS TO CHAPTER 3 OF THE FRIDLEY CITY CHARTER• MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:17 p.m. Mr. Hunt, Assistant to the City Manager, stated that the Charter Commission is in the process of reviewing the Charter for possible amendments, and they have submitted proposed amendments to Chapter 3. He stated that most of the changes are rather technical. He defined what is meant by a quorum. Mr. Hunt stated that Section 3.01, subsection 1, has been clarified as the first meeting of the Council in January, and Section 3.02 clarifies the duties of the Secretary to prepare the journal of minutes rather than keep the journal of minutes. He stated that Section 3.03 defines a quorum of the Council. A majority of the incumbent councilmembers shall constitute a quorum to do business. Councilman Schneider stated that under Section 3.01, subsection 2, line 1, there is a typographical error. The word "or" should be included in the ordinance amendment. Councilman Schneider felt that the word "maj ority" should be better clarified. He questioned if the majority was the total number of council seats or total number of council seats that are presently filled. Mr. Herrick, City Attorney, stated that, in his opinion, when you refer to a majority it is three people if you have a five person council. He stated that if there is a quorum of three persons and there is a 2 to 1 vote, under most circumstances, that is sufficient to pass council business. 4 �� `�.'�:�2 v�. �.\ti. i;i;y�. �. ;i;:.+ .•,:�;:v;2±; .2 `�: +..+5 24 T s 2'24�5; L�:R!:i�:� ;•t•: •;�:.S,S�S '�h+• i. ,v, .,., 2 �, ;,t,.;.;.,�t�;,;;�; FRIDLBY CITY COIINCIL MELTING OF JIINE 7. 1993 PAGE 5 Mr. Hunt stated that he felt the Charter Commission's thinking was the term "majority" was one more than half. He stated that under Section 3.03 the word "incumbent" was added, so it is clear it is a majority of the incumbent councilmembers. Councilman Schneider stated that he would like clarification on the intent, as it is not obvious to him what the definition of "majority�' is. Mr. Hunt stated that the Charter Commission does not meet until. September, but he did not think the Council had to take action within a certain number of days after this public hearing. Councilman Billings stated that it would take five votes of the Council to approve the ordinance, and Councilman Schneider will not be present at the next council meeting. Councilwoman Jorgenson stated that possibly all members of the Council would be present at the July 6 meeting. NEW BUSINESS• 2. RESOLUTION NO 37-1993 RELATING TO THE RECOMMENDATIONS OF THE REGIONAL SENIOR CITIZENS CENTER TASK FORCE AS PRESENTED ON MARCH 30. 1993: Mr. Burns, City Manager, stated that the Task Force has conducted meetings since September, 1991, regarding the proposed Regional Senior Center. He stated that public hearings were held in all four communities in January, 1993, and the Task Force met with the city councils in March, 1993 to deliver their final report. He stated that it is recommended that the Council consider the recommendation for a Regional Senior Center in two phases, the conceptual approval and detailed approval. He stated that at this time, the detailed aspects are not before the Council for approval, but only the concept for such a center. Mr. Burns stated that the justification for a Regional Senior Center is the increasing senior population in the four communities; to avoid duplication of facilities, manpower and equipment; to optimize senior resources; and to provide better and more diverse programming. He stated that this is consistent with the move toward consolidation of governmental services. Mr. Burns stated that the limitations associated with the existing Fridley facilities are that only 2.5 rooms at the Community Education Center are dedicated to senior programs. Other space can be reserved, but it is not always available, as it may be needed for school district uses. He stated that climate control in the existing facility is not good, the acoustics are poor, the outdated kitchen makes congregate dining difficult, there is a conflict with traffic between seniors and latch key children, FRIDL$Y CITY COIINCIL MEBTING OF JIINB 7 1993 PAG$ 7 Senior Center would be about $6 per year on a$80,000 home and $7 per year on a$90,000 home. Mr. Burns requested that the Council consider adopting this resolution giving conceptual approval for a Reqional Senior Center. Councilman Schneider stated that this resolution mainly commits the Council to move forward, but does not legally comn�it any funding other than staff time. He stated that his primary concern is that while he supports the concept of a Regional Senior Center, perhaps there should be a time period for this to be accomplished. Mr. Burns felt that the other cities would be supportive of a time limit, and that this would be in order. Councilman Billings asked if the other three communities have passed a similar resolution. Mr. Burns stated that New Brighton has passed a resolution, Spring Lake Park will consider the item this evening at their Council meeting, and Mounds View will consider this issue next week. Councilman Schneider asked what the next step in the process would be if Council adopts this resolution. Mr. Burns stated that the most immediate.problem is to resolve the location issue. He stated that Fridley has taken the lead in trying to pursue the primary site, and the Metropolitan Council will be meeting June 17 regarding this site. He stated that he would foresee the Task Force meeting in the near future to assess the site selections. MOTION by Councilwoman Jorgenson to adopt Resolution No. 37-2993. Seconded by Councilman Schneider. MOTION by Councilman Schneider to amend Resolution No. 37-1993 by adding the following: "BE IT FURTHER RESOLVED that if location, governance issues, funding issues, and other such factors are not resolved within twelve (12) months of the passage of this resolution, the City of Fridley may, at its option, declare this resolution null and void.�� Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that he has concerns relative to the primary location and overall costs, but he believes the regional approach is the best way to proceed based on the cost analysis submitted by Mr. Burns. He stated that he is somewhat frustrated with the Metropolitan Council. They should be supporting regionalism instead of being an impediment to the Regional Senior Center. He stated that if the primary site is not approved, he would hope to work with the Metropolitan Council to find another site. :��• .—�- ;^z•r ri•-•;m• ;�rr:e:+;.r.c�rx*i±r,r,r;•,�nnr� ,c��-�r,r,r R�2rt�: F1tIDLEY CITY COIINCIL MBETING OF JUNE 7, 1993 PAGE 8 Councilman Schneider stated that he hoped that some of the issues brought out at the public hearing such as providing day care and opening the center to more segments.of the population would be considered. He stated that he is comfortable with the conceptual approval, and he would like to give it a reasonable time to proceed. UPON A ROLL CALL VOTE ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE {VACATION RE4UEST. SAV #90-02, BY THE CITY OF FRIDLEY L Ms. Dacy, Community Development Director, stated that the City of Coon Rapids has reaffirmed a resolution to the effect that they are not in favor of constructing a street. She stated that Mr. and Mrs. Wetterlind would like additional time to consult with their attorney. Ms. Dacy stated that this ordinance would vacate the right-of-way for Broad Avenue and combine it with Lot 26 to create a buildable parcel and reserve a bikeway/walkway and access easement. Councilman Billings stated that he had a telephone conversation with Mr. Wetterlind yesterday in which he indicated he wanted some time to contact his attorney. He stated that the Council has opinions from the City Attorney that they are proceeding correctly. He felt, however, that it would be better to delay action if, in fact, there is some legal reason the Council should not be vacating this parcel. MOTION by Councilman Billings to table this item to the July 19, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST, SAV #93-01, BY MARK AND JEAN SCHWARTZ, AND FRANK AND VALLIE LABANDZ): Ms. Dacy, Community Development Director, stated that this is a joint application by the Schwartz's and Labandz's to vacate an alley along the entire length of their properties. She stated that the alley is located south of 64th Avenue and east of Old Central. Ms. Dacy stated that the Planning Commission recommended approval of this vacation request with two stipulations. She stated that another issue is whether a street easement should be reserved in place of the alley easement. She stated that if the Council FRIDLBY CITY COIINCIL ME$TING OF JIINE 7. 1993 PAGB 9 chooses not to require retention of a street easement, staff has provided an amended section of the ordinance which would provide vacation of a five foot street easement recorded and conveyed on the Labandz's property. Councilman Schneider stated that he cannot foresee a need for a street easement. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Councilman Billings stated that the ordinance would have to be amended if the street easement is not required over the east five feet of Lots 15 and 16, Block 2, Spring Valley Addition. MOTION by Councilman Billings to amend the above ordinance as follows: (1) Under Section 1, add the words "and street easement" after the word "alley" on the first line; and (2) following Item B, add Item C to read as follows: "The East 5 feet of Lots 15 and 16, Block 2, Spring Valley Addition." Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 5. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT BROAD AVENUE AND LAFAYETTE STREET): MOTION by Councilman Billings to table this item to the Council meeting on July 19, 1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 38-1993 AUTHORIZING PAYMENTS TO THE FRIDLEY COMMUNICATIONS WORKSHOP TO DEFRAY THE COSTS OF CABLE TELEVISION ACCESS E4UIPMENT: MOTION by Councilman Schneider to adopt Resolution No. 38-1993. Seconded by Councilwoman Jorgenson. Mr. Burns, City Manager, stated that this resolution authorizes payments to the Fridley Communications Workshop and authorizes execution of the agreement relating to the purchase of cable television equipment by the Communications Workshop. He stated � that this payment of $36,600 represents one-half of the funds received from Nortel as part of their franchise agreement. Councilman Billings stated that he has been contacted by persons active in the Communications Workshop who indicated the equipment is in such a state of disrepair they need more than $36,600. FRIDLEY CITY COIINCIL MFETING OF JIINE 7, 1993 PAGE 10 Councilman Schneider stated that he also has been contacted. He felt that this could be studied further, but if there is a problem, the agreement can be amended by both parties. He stated that his intent was to determine if there are other potential needs in the community and not to diminish the work of the Communications Workshop. Mr. Hotchkiss stated that much of the equipment is beyond the five to seven year range, and the $36,600 could probably replace about half of what is non-functional at this time. He stated that he has compiled some prices for the Council's consideration, and he would be happy to review these figures. Councilman Billings stated that he received five or six letters from different persons who are associated with the Communications Workshop, and the tone of each of the letters was to request that the distribution of funds paid by Nortel be used for the workshop. He stated that the franchise agreement with Nortel does not specifically state the funds have to be used for the Communications Workshop. Mr. Hotchkiss stated that the CoYnmunications Workshop services not only the public but also the government. He stated that in the franchise agreement it specifically states these funds are to go to public, educational, and governmental access. He stated .that Nortel is obligated to repair and replace equipment at the workshop but not for governmental and educational access. He stated that there is concern that Nortel will try to maintain equipment far beyond its useful life. Mayor Nee felt that when the Communications Workshop has concrete proposals the Council may again review this issue. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 12. 1993: A. SPECIAL USE PERMIT REOUEST, SP #93-05, BY SOUND WAVES INC � TO ALLOW COMMERCIAL RETAIL USES IN THE M-2. HEAVY INDUSTRIAL ZONING DISTRICT, GENERALLY LOCATED AT 7237 UNIVERSITY AVENUE N.E. Ms. Dacy, Community Development Director, stated that Sound Waves, Inc. is a commercial entity which sells and installs automotive electronic systems. She stated that the special use permit is needed to allow a commercial retail use in an M-2 zon�ng district. She stated that Sound Waves will lease 3,000 square feet, of which 1,200 square feet will be retail and a small garage space for installations. FRIDLBY CITY COIINCIL ME$TING OF JIINE 7. 1993 PAGE il Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with four stipulations. MOTION by Councilman Billings to concur with the recommendation of the Planning Commission and grant Special Use Permit Request, SP #93-05, with the following stipulations: (1) the building owner shall notify the City upon change in tenant use and parking availability; (2) expansion of the retail use shall require a special use permit; (3) the petitioner shall install the required sprinklers for the H-4 occupancy (garage space); and (4) the petitioner shall install dust collectors if fumes and/or dust is generated. 5econded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Schneider abstained from voting on the motion. Mayor Nee declared the motion carried. B. SPECIAL USE PERMIT RE4UEST SP #93-06 BY BWBR ARCHITECTS FOR UNITY HOSPITAL TO ALLOW AN EXPANSION TO A HOSPITAL FACILITY, GENERALLY LOCATED AT 550 OSBORNE ROAD N.E.: Ms. Dacy, Community Development Director, stated that this is a request by Unity Hospital to allow a 22,000 square foot expansion to their facility in the southeast corner of the property. She stated that the purpose of the expansion is to consolidate all the surgical procedures. She stated that the maintenance garage would be displaced and relocated on the southwest portion of the property. Ms. Dacy stated that a parking lot would be located to the south of the building and adjacent to the maintenance garage. She stated that the parking lot would be expanded by 64 stalls in the northwest portion of the site. She stated that there is adequate area to meet the parking requirements for this e�ansion. Ms. Dacy stated that a concern raised at the Planning Commission meeting from residents in the area was the traffic leaving the rear of the hospital at peak hours. She stated that, apparently, hospital employees exiting to the rear of the facility do not come to a complete stop at this location and continue out to Lyric Lane without proper traffic control. She stated that staff has contacted Anoka County, and they are seriously considering placing a traffic signal at the northwest portion of this parcel. She stated that with the relocation of the physician's parking, it may help to relieve some of the traffic on Lyric Lane. Ms. Dacy stated that the Planning Commission recommended approval of this speciai use permit with six stipulations. MOTION by Councilman Billings to concur with the Planning Commission recommendation and grant Special Use Permit Request, SP #93-06, with the following stipulations: (1) removal of the existing and installation of the new underground fuel storage tanks FRIDLEY CITY COIINCIL MEETINQ OF JIINE 7. 1993 PAGB 12 shall comply with the MPCA and fire code requirements; (2) the addition shall be constructed of building materials similar to the existing hospital facility; (3j the petitioner shall comply with the com�aents outlined in Scott Erickson's letter of April 27, 1993, to provide the ponding volume of the roof; provide calculations establishing the amount of water to be ponded; provide documentation if the roof is structurally capable of handling the ponded water and approval from the State Building Code Department; show temporary erosion control devices; provide information if the sewer is being relocated from under the expansion area; and install a valve on the watermain; (4) the petitioner shall submit a landscape plan which shall include replacement of the following materials: four spruce trees; four hackberry trees; and 11 oak trees; (5) the petitioner shall submit a detailed management plan regarding management of the site regarding loose debris, erosion, and construction traffic; and (6) the petitioner shall submit a lighting plan for the expanded parking area. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson questioned the alternate parking. Mr. Smith, BWBR Architects, stated that the expansion displaces the physicians parking area which will now be located in front of the building. He stated that the net gain in parking stalls is about 34. Councilwoman Jorgenson asked how many short stay surgery patients Unity Hospital serves on a daily basis. Mr. Alberts, Vice President of Unity Hospital, stated they serve anywhere from twelve to twenty persons a day. Councilwoman Jorgenson stated that the issue is that there are multiple uses for the parking area, and persons are parking and waiting for short stay surgery patients which causes a conflict in the parking lot for those who visit during normal visiting hours. Mr. Alberts stated that there is additional space available if the parking lot needs to be expanded. Councilwoman Jorgenson asked if the code requirements would be met, if the parking was expanded into the green area. Ms. Dacy stated that if the parking was expanded, they could still meet the code requirements. Councilwoman Jorgenson stated that even though the parking meets code, she felt the parking is not adequate in this area. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDL$Y CITY COIINCIL MEETING OF JIINS 7. 1993 PAG$ 13 C. RESOLUTION NO. 39 - 1993 APPROVING A SUBDIVISION LOT SPLIT L.S #93-04 TO SPLIT A LOT INTO THREE SEPARATE PARCELS GENERALLY LOCATED AT 1601 RICE CREEK ROAD N E.: Ms. Dacy, Community Development Director, stated that this a 1.7 acre parcel located on the north side of Rice Creek Road and zoned R-l. She stated that the property owner would like to subdivide this property into three parcels. She stated that there are several structures on the property, and Parcel A would be occupied by the existing home. She stated that the petitioner intends to remove the older home and accessory buildings. Ms. Dacy stated that she understands these structures have already been removed; therefore, this stipulation can be deleted. Ms. Dacy stated that the Planning Commission unanimously recommended approval of this lot split request. Councilman Schneider asked the petitioner if she had any problem with the stipulations. Ms. Egan stated that the older structures have been removed and the property leveled. MOTION by Councilman Schneider to adopt Resolution No. 39-1993, with the following stipulations attached as Exhibit A: (1) a park dedication fee of $750.00 per lot for Parcels B and C shall be paid at the issuance of a building permit; (2) one driveway per parcel shall be permitted; (3) a permit shall be obtained from the County prior to work commencing in the County right-of-way to install curb cuts and driveways; (4) sewer and water service shall be provided to Parcel C; and (5) if determined by the City, a conservation plan and fees shall be submitted prior to the issuance of a building permit. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. ESTABLISH A PUBLIC HEARING FOR JUNE 21, 1993 FOR A VACATION REOUEST, SAV #93-02, BY ANDERSON TRUCKING TO VACATE ALL EASEMENTS LOCATED IN THE ANDERSON DEVELOPMENT PLAT GENERALLY LOCATED AT 7699 CENTRAL AVENUE N.E.: MOTION by Councilman Schneider to set the public hearing on this vacation request, SAV #93-02, for June 21, 1993. Seconded by Councilwoman Jorgenson. Since Councilman 5chneider will not be present at the next Council meeting, the above motion was withdrawn by Councilman Schneider, with the permission of the seconder, Councilwoman Jorgenson. MOTION by Councilman Schneider to set the public hearing on this vacation request, SAV #93-02, for July 6, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �-a."��'. : i•: �...,. FRIDLEY CITY COIINCIL MEBTING OF JIINE 7. 1993 PAGL 14 MOTION by Councilman Billings to receive the minutes of the Planning Commission meeting of May 12, 1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF MAY 18, 1993• A. VARIANCE RE4UEST, VAR #93-06, BY DAN SAMPSON, TO REDUCE THE SIDE YARD SETBACK ON THE CORNER SIDE OF A CORNER LOT FROM 17.5 FEET TO 7 FEET, AND TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 9.5 FEET, GENERALLY LOCATED AT 6209 BAKER AVENUE N.E. Ms. Dacy, Community Development Director, stated that the petitioner, Mr. Sampson, notified staff today by phone that he has purchased another home in Fridley, and he wishes to withdraw this application. MOTION by Councilwoman Jorgenson to receive the report from the Community Development Director regarding the request by the petitioner for withdrawal of this variance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. b. VARIANCE REQUEST, VAR #93-07. BY BRADLEY AND JULIE DUNHAM. TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 6.3 FEET. GENERALLY LOCATED AT 1427 NORTH DANUBE ROAD N.E.: Ms. Dacy, Community Development Director, stated that this variance is to reduce the side yard setback for living area from 10 feet to 6.3 feet. She stated that there is an existing single family home on this property with an attached garage. The petitioner wants to convert the area above the garage to a walk-in closet. Ms. Dacy stated that the Appeals Commission recommended approval of this variance by a 4 to 1 vote. Councilman Schneider questioned if a fire wall needed to be installed. Ms. Dacy stated that she was informed by Clyde Wiley, Mechanical Building Inspector, that a fire wall is only required within three feet of the lot line. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #93-07. Seconded by Councilwoman Jorgenson. Councilman Billings felt that once this area becomes living space, it could be remodeled with bedroom space without coming back to the Council. He stated that he does not have a real objection to the FRIDL$Y CITY COIINCIL M88TING OF JIINE 7. 1993 PAGB 15 variance, but he would feel more comfortable if there weren't any windows. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. 9. APPROVE JUNKYARD LICENSE RENEWAL FOR SAM'S AUTO PARTS: Ms. Dacy, Community Development Director, stated that Steve Barg, Code Enforcement Officer, has met with the owner of Sam's Auto Parts to try and resolve the problems at this location. She felt that a temporary license for a specified period of time should be granted. It has been suggested to the owner, Mr. Giddings, that a period of three months would be recommended. Councilman Schneider stated that there is no place for people to park at this business and, as far as he could te1Z, people were parking on the street. MOTION by Councilman Schneider to grant a junkyard license to Sam's Auto Parts for a period of ninety days and direct staff to bring back a report to the Council at this time with recommendations. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE REALLOCATION OF UNUSED 1991 CDBG HUMAN SERVICE FUNDS: Ms. Dacy, Community Development Director, stated that the Human Resources Commission would like to utilize the $1,684.40 in unexpended 1991 CDBG funds for Southern Anoka Community Assistance in the amount of $1,496.00 and for St. William's food shelf in the amount of $188.40. . MOTION by Councilwoman Jorgenson to approve the reallocation of $1,684.40 of unexpended 1991 CDBG funds to Southern Anoka Community Assistance in the amount of $1,496.00 and to St. William's Church in the amount of $188.40. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVE 1993-1994 AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN THE CITY OF MINNEAPOLIS AND THE CITY OF FRIDLEY• Mr. Hunt, Assistant to the City Manager, stated that �ach year the City enters into a contract with the City of Minneapolis to participate in the Urban Corps program. He stated that as a participant, the City can employ students who have Federal Work Study Grants to work as interns and the program is subsidized by the Federal government. He stated that in order to participate in . �. ___ FRIDLEY CITY COIINCIL MBETING OF JIINE 7. 1993 PAQE 16 the program, it is necessary for the City to contract with the City of Minneapolis. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into the contract with the City of Minneapolis for participation in the 1993-1994 Urban Corps program. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. ESTABLISH A PUBLIC HEARING FOR JULY 6, 1993, FOR AMENDMENTS TO CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Schneider to set the pubiic hearing for July 6, 1993 for amendments to Chapter 2 and Section 4.04 of the City Charter. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. AWARD CONTRACT FOR DESIGN OF WELL NO. 14: Mr. Flora, Public Works Director, stated that Bruce A. Leisch and Associates has completed their preliminary analysis for constructing a glacial drift well in the vicinity of the Locke Park filter plant. He stated that it is recommended that Council authorize preparation of final plans and specifications for Well No. 14 by Bruce A. Leisch and Associates for an amount not to exceed $5,000. MOTION by Councilman Schneider to authorize Bruce A. Leisch and Associates to prepare final plans and specifications for Well No. 14 for an amount not to exceed $5,000. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVE PETITION NO. 10 - 93 FOR UPGRADE OF BENJAMIN STREET: MOTION by Councilman Schneider to receive Petition No. 10 - 93 for the upgrade of Benjamin Street. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 40-1993 INDEMNIFYING AND HOLDING HARMLESS THE STATE OF MINNESOTA FOR ACTIONS ARISING FROM THE GRANTING OF VARIANCES ON S.A.P. 127-342-01 (BENJAMIN STREET) (STREET IMPROVEMENT PROJECT NO. 1993-2): MOTION by Councilman Schneider to adopt Resolution No. 40-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF JUNE 7. 1993 PAGE 17 16. RESOLUTION NO. 41-1993 AUTHORIZING THE POSTING OF "NO PARKING" SIGNS ON ONE SIDE OF CERTAIN MSAS STREETS (STREET IMPROVEMENT PROJECT NO. 1993-2): MOTION by Councilman Schneider to adopt Resolution No. 41-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 42-1993 AUTHORIZING THE POSTING OF "NO PARKING" SIGNS ON ONE SIDE OF CERTAIN MSAS STREETS (BENJAMIN STREET�: MOTION by Councilman Schneider to adopt Resolution No. 42-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 43-1993 REOUESTING VARIANCES FROM MINNESOTA DEPARTMENT OF TRANSPORTATION RULES FOR STATE AID OPERATIONS TO ALLOW STREET IMPROVEMENTS WITH VARIANCES FROM CREST VERTICAL CURVE AND HORIZONTAL CURVE STANDARDS: MOTION by Councilman Schneider to adopt Resolution No. 43-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 44-1993 AUTHORIZING MUNICIPAL STATE AID FUNDS TO A MUNICIPAL OFF SYSTEM PROJECT - T.H. 47 BITUMINOUS SIDEWALK. 73RD AVENUE TO 85TH AVENUE (5.A.P. 127-090-03): MOTION by Councilman Schneider to adopt Resolution No. 44-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. INFORMAL STATUS REPORTS: TCAAP WATER LINE• Mr. Burns stated that in the pre-Council session, Council discussed alignment of the TCAAP line on 64th Avenue. He stated that the Council would seek bids for the water line and booster station. He stated it is understood that bids for that portion of the project would have options for asphalt or concrete curb and gutter so that a final decision can be made as to which would be used in the reconstruction of 64th Avenue. BARRICADING OF STREETS: The Council discussed the barricading of streets for such events as the '49er Days parade, National Night Out, and the upcoming bicycle race. MOTION by Councilman Billings to authorize the City Manager to cause certain streets to be barricaded for the safety and well- FRIDLEY CITY COIINCIL MEETING OF JIINE 7, 1993 PAGB 18 being of those attending the '49er Days parade, the bicycle race, and National Night Out. Seconded by Councilman Schneider: Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. CLAIMS• MOTION by Councilman Billings to authorize payment of Claim Nos. 49516 through 49862. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seaonded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CARNIVAL LICENSE, '49ER DAYS: MOTION by Councilman Schneider to grant a carnival license to the '49er Days for this year's celebration from June 16-20, 1993, and waive the fee. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. ESTIMATES' MOTION by Councilman Schneider to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered for the Nionth of April, 1993, as City Prosecuting Attorney. . . . . . . . . . $ 10,170.00 Northwest Asphalt 1451 County Road No. 18 Shakopee, MN 55379 1992 Street Reconstruction Project No. ST. 1992 - 1& 2 Estimate No. 8 . . . . . . . . . . . . . . . $ 4, 253 . 20 Seconded by Councilman Biliings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i � FRIDLEY CITY COUNCIL MEETING OF JIINE 7. 1993 PAG$ 19 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 Reqular Meeting of the Fridley City Council of June 7, 1993 adjourned at 10:40 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � �� Community Development Department �� PI.ANNING DIVISION City of Fridley DATE: June 16, 1993 TO: William Burns, City Manager�� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Vacation Request, SAV #93-01, by Mark & Jean Schwartz and Frank & Vallie Labandz; 1356 and 1372 - 64th Avenue N�.E. The City Council at its June 7, 1993 meeting approved the first reading of an ordinance to vacate the street and alley easement located between 1356 and 1372 - 64th Avenue N.E. Staff recommends that the City Council approve the second and final reading of the attached ordinance. MM/dn M-93-349 ORDINANCE NO. AN ORDINANCE IINDER SECTION 12.07 OF T8E CITY CHARTER TO VACATE STREETS AND ALLEYB AND TO AMEND APPENDIB C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate all of the alley and street easement described as follows: A. The East 8 feet of the 16 foot alley in Block 2, Spring Valley Addition lying between the westerly extension of the north and south lines of Lot 13, Block 2, Spring Valley Addition. B. The West 8 feet of the 16 foot alley in Block 2, Spring Valley Addition lying between the easterly extension of the south line of Lot 16 and the easterly extension of the north line of Lot 15, Block 2, Spring Va11ey Addition. C. The East 5 feet of Lots 15 and 16, Block 2, Spring Valley Addition. All lying in the South Half of Section 13, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated, except that the City of Fridley reserves an easement for drainage and utility purposes over the alley herein described and vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of _ the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: May 17, 1993 June 7, 1993 �Q WILLIAM J. NEE - MAYOR Walter Bauer, VAR #93-09 June 16, 1993 Page 2 3. Fire wall option. Staff had suggested this option in the case of 3A and 3B at 6420-6422 Starlite Circle N.E. It would require a fire wall within the existing building which would meet the 10 foot setback. A fire wall could be constructed exactly 10 feet parallel to the lot line on a diagonal through the unit, or at 90 degree angles to be more space efficient and practical. Variances would still be needed but smaller encroachments would result. In the case of Lots 4A and 4B, only the first floor is framed and there is more opportunity to comply with the ordinance. Staff had recommended either the fire wall option or denial. If the fire wall option is approved with walls constructed at 90 degree angles, the variances would be as followsc A. Lot 3A (6420 Starlite Circle) - 10 feet to 9 feet. B. Lot 3B (6422 Starlite Circle) - 10 feet to 9.4 feet. C. Lot 4A (6430 Starlite Circle) - there will be no living area encroachment. D. Lot 4B (6432 Starlite Circle) - 10 feet to 8.7 feet. Should the fire wall option be approved, the staff report contains recommended stipulations for each of the lots. The City Cauncil can pass a motion for each lot if necessary. BDJ dn _ M-93-344 �� `' � �_ REQUEST Permit Number Applicant Proposed Request l.ocation ' SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Imptications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION I Staff Appeals Commission Planning Commission Author S TAFF REP O RT Community Development Department Appeals Commission Date : fiane 1, 1993 Planning Commission Date City Council Date : June 21, 1993 VAR 4�93-09 Walter Bauer; Bauer Construction Company Side yard setbacks from 10 feet to 4.5', 5', 6`, and 7'. 6420-6422 and 6430-6432 Starlite Circle N.E. R-2, Two Family Dwelling Twinhomes M-1, Light Industrial to the North (RAO Mfg.); R-3, General Multiple Family Dwelling to the East; Burlington Northern Railroad tracks to the West; and R-1, Single Family to the See Staff Report ►, T. 30, R. 24 FR/OL EY lNK1M � 8 ), � 42 _ ; ..<,-� ,. .. .� --.. . ::a.-��...>, �= c„� 1�au/ ,,�}�'°i�� `� ��.9 ,�"`:�� '�Sl,•a' ' ___.i',:...r: £ •1. ti� � a �� n) y �1 ;' ��; � �- .,'r�, � �� ;5;. � :� 3Z: : .� �`�+P�,•��'�,. '•,1�;� f � .� �;W �= %� z'� , i �! F N, � •` i � - �i , :;�{ ',. ,,.� �:�+ 0 43 .o, v.,-.e.,n....,> >-..,_.. .-. .. _ .� Pui .� t,>,+e ony JAewn or R �o. �d P.' f. � VAR ��93-09 Walter Bauer I� M75 IS A COMPILATION OF RECORDS AS THEY AYPEAR IN THE ANOKA COUNiY OFfICES AFFEC7ING THE AREA SMOWN. � 1NG ORAWINv IS i0 BE USEJONLV fOR � I RfFEREMCE PURPO5:5 AND iHE COUN• + iY IS NOT RESPONSIBLE FOR ANY iN- � IACCURApES HEREIN CONiA1NE0. ( � � 539/5 SYLVAN y;LLS 1 p�.AT 8 r�� E GANE ry �5 ��11_ ' }: SYLVAN? : �ANE � � ' i �. CO�RER -- �::� sec�is �. R� � � �ii i M, M . �. - l:�� •N _ _ __ . r �=s=.r% 2C LOCATION MAP .� �� 1�:a4` �J� �� .'�� ..�� v�� s ;.�If�'`�, l�i3��i�81��_��`� � ; ��_ . i!�♦i �A��A ��•�� .; ,---- ;,-,-.- �s � - EZ,(� � �rrr� �•�•�•��e► �� a�g000��i m °� �:•:�:•:�,�,: _ m oo mmm� � � aao � v � ��v v��/�� L , O4 •�•�♦�•�,► :�I � . � � . �1 v m � "� �� 0�� ` � �� i�i. � v �r_-� • �a �Q . • .��j�� \ � �. '9��p99G��, � ��o �o ��..�� ao • ��•�� G��1��:. � r.i,.'� �� V.1�►� �. �� . ,' i\.�:<� �•. _ `' ZONING MAP Staff Report VAR #93-09, 6420-22 and 6430-32 Starlite Circle Page 1 A. STATED HARDSHIP: � The petitioner will be submitting a letter at the Appeals Commission meeting. B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting side yard setback variances for two existing twin homes as follows: 1. Lot 3A, 6420 Starlite Circle, 10 feet to 4.5 feet 2. Lot 3B, 6422 Starlite Circle, 10 feet to 5 feet 3. Lot 4A, 6430 Starlite Circle, 10 feet to 7 feet 4. Lot 4B, 6432 Starlite Circle, 10 feet to 6 feet The twin homes under construction contain three bedrooms, two baths, living room, dining room, and a family room. The units at 6420-6422_Starlite Circle are 1,176 sq. ft. each, and the units at 6430-6432 Starlite Circle are 1,224 sq. ft. each. Site The subject property is located on the Starlite Circle cul- de-sac: The property is zoned R-2, Two-Family Dwelling. M- 1, Light Industrial zoning, is located to the north, and the -site is occupied by RAO Manufacturing. There are three single family homes at the intersection of Starlite Circle and Satellite Lane. These parcels are zoned R-1, Single Family Dwelling. R-3, General Multiple Family zoning, is located to the east, and the site is occupied by the Cherrywood Apartments. The Burlington Northern tracks are located to the west of the property. Background Gary Wellner and Gus Doty received plat approval for twin home lots in June 1982. The property was also rezoned to R-2, Two Family Dwelling, in September 1982 (date of ordinance publication). The plat approval included a number of variances since the City at that time did not have a zero lot line ordinance to 2E Staff Report VAR #93-09, 6420-22 and 6430-32 Starlite Circle Page 2 acaommodate a twin home subdivision. The lot line in a twin home passes between the two units in the two family dwelling, and each lot can be purchased by a separate owner. The variances pertained to the lot width, front yard setback, rear yard setback, and the side yard setback for the twin home lots. The issue in this case in the side yard setback. A side yard setback variance from 5 feet to 3 feet was granted on the lot now described as Lot 3A and 3B for a double garage. Minutes of the meetings in 1982 are attached. The rezoning request spanned a two year timeframe. The neighborhood was opposed to the R-2 zoning. The developer submitted two types of plans during the rezoning and plat review. The difference between the Type A plan and the Type B plan was that the Type A plan included a double garage, and the Type B plan included a single garage. The plans do not indicate living area above the garages. Gary Wellner submitted a letter to the City on June 2, 1983, a year after the approval suggesting that "each unit will have a two- car garage with a bedroom above that area". The twin homes at 6410-6412 and 6421-6423 have living areas above the garages; both sites are in conformance with the ordinance. After the 1982 approvals, Mr. Wellner indicated that he sold his interest to Mr. Doty. Mr. Doty has sub- sequently conveyed the subject properties to Mr. Bauer. Building Permit Review On February 25, 1993, the City issued building permits for the subject twin home structures. The submitted surveys for each of the twin home clearly indicate a garage. There is no mention of the living area above the garage unless one reviews the building plans. While the garage location on eaah of the twin home lots meets the setback requirements, the existence of a living area on the second floor above the garage dictates the need for a variance to the 10 foot side yard setback. Analysis Section 205.08.03.D.(2).(a) requires a side yard setback of 10 feet between any living area and side property lines. The public a minimum structures to allow structures. purpose served by this requirement is to maintain of 20 feet between living areas in adjacent to reduce exposure to the possibility of fire and for aesthetically pleasing open areas around 2F �— Staff Report VAR #93-09, 6420-22 and 6430-32 Starlite Circle Page 3 The Appeals Commission has three options in reviewing these variance requests. Staff suggests that the Appeals Commission and City Council make four separate motions pertaining to each lot to clarify the action for each of the units. 1. 2. Approve the variances as requested. Deny the variances and instruct the owner to redesign the units as necessary to meet the 10 foot setback requirement. 3. Consider a modified variance request whereby a fire wall is constructed within each of the units to meet the 10 foot setback requirement. In three of the units, there would be a small encroachment into the l0 foot setback area from 8 inches to 1.3 feet. Given the plat history and prior submittals and, in order to maintain a 20 foot separation between adjacent living areas, staff cannot recommend approval of the variances as proposed. If the variances are granted, the walls should be upgraded to a fire wall standard. Option two would require the owner to redesign the units so that the living area is not encroaching into the 10 foot setback. On Lots 3A and 3B, the roof system, plumbing, and electrical wiring have been installed. The foundation and framing of the first floor has been constructed on Lots 4A and 4B. There is more opportunity to redesign the units on this lot since the second floor has not been completed. Option three suggests that a fire wall be constructed in each of the units (see attached plans). There are two alternatives within the option. The owner could construct a fire wall along a diagonal to parallel the 10 foot distance from the lot line, or a wall could be constructed to 90 degree angles to be more space efficient. In the case of Lot 3A, a one foot variance would be needed if constructed at the 90 degree angles. In the case of Lot 3B, there would only be an 8 inch encroachment. In the case of Lot 4A, walls could be constructed within the unit so that there would not be an encroachment. In the case of Lot 4B, there would be a 1.3 foot encroachment. If option three is pursued, we suggest that the wall be constructed of a 5/8 inch gypsum board on the interior of the units, and also that a 5/8 inchagypsum board be placed on the interior of the existing wall. In that way, there are two separations in case of a fire to prevent the fire jumping from one unit to the next. It is also suggested 2G Staff Report VAR #93-09, 6420-22 and 6430-32 Starlite Circle Page 4 that deed restrictions be filed to notify all future owners that the wall in question cannot be removed and is for fire safety purposes. The distance between the corner of the bedroom in 6420 to the wall of 6412 is 17.5 feet. The distance between the bedrooms in 6422 and 6430 is 14.5 feet. These distances are based on the building plans and surveys. Petitioner's Ontion The petitioner has indicated a willingness to construct a fire wall in the closet areas of each of the units but not within the bedroom. He further suggests that he be permitted to encroach two feet into the side yard setback in the closet using the section of the code that permits a"bay" to encroach no more than two feet. Drainacre Gary Wellner, who owns the twin home at 6412 Starlite Circle, has indicated that a drainage problem exists from Lots 3A and 3B. Scott Erickson has inspected the property and is suggesting that a swale be constructed along the lot line for proper drainage. Drainage from Lot 3A and 3B must be designed properly so as to not adversely affect the property to the south. Recommendation _Variance #1, Lot 3A, 6420 Starlite Circle Staff recommends that the Appeals Commission adopt the iollowing motion: The Appeals Commission recommends approval of a variance on Lot 3A with the following stipulations: 1. A diagonal wall is constructed to meet the 10 foot side yard setback requirement, or a fire wall is constructed in a 90 degree fashion as indicated in the attached plans. 2. 3. If the 90 degree angle is constructed, the variance is from 10 feet to 9 feet for a living area encroachment. This variance request acknowledges the existence of a portion of the structure which is located 4.5 feet from the lot line. ._ 2H 5taff Report VAR #93-09, 6420-22 and 6430-32 Starlite Circle Page 5 4. The wall shall be lined with of a 5/8 inch gypsum board to face the interior of the unit. Further, a 5/8 inch gypsum board shall also be placed on the interior of the existing outside walls. 5. The petitioner, on forms provided by the City, shall record deed restrictions stipulating that the wall cannot be removed and is intended for fire safety purposes. 6. The petitioner shall construct a swale along the south lot line to drain the runoff to the street, and not on the adjacent owner's property. Variance #2, Lot 3B, 6422 Starlite Circle Staff recommends that the Appeals Commission adopt the following motion: The Appeals Commission recommends approval of a variance on Lot 3B with the following stipulations: 1. A diagonal wall is constructed to meet the 10 foot side yard setback requirement, or a fire wall is constructed in a 90 degree fashion as indicated in the attached plans. 2. � If the 90 degree angle is constructed, the variance is from 10 feet to 9 feet 4 inches for a living area encroachment. This variance request acknowledges the existence of a portion of the structure which is located 5 feet from the lot line. 4. The wall shall be lined with a 5/8 inch gypsum board to face the interior of the unit. Further, a 5/8 inch gypsum board shall also be placed on the interior of the existing outside wails. 5. The petitioner, on forms provided by the City, shall record deed restrictions stipulating that the wall cannot be removed and is intended for fire safety purposes. Variance #3, Lot 4A, 6430 Starlite Circle Because the second floor of this structure has not been constructed, the Commission may either pursue option two, denying the variances and forcing a redesign of the unit, or option three where a fire wall is constructed within each of the units. 2� Staff Report VAR #93-09, 6420-22 and 6430-32 Starlite Circle Page 6 With the fire wall option, the stipulations are: 1. A diagonal wall is constructed to meet the 10 foot side yard setback requirement, or a fire wall is constructed in a 90 degree fashion as indicated in the attached plans. 2. There is no living area encroachment. 3. This variance request acknowledges the existence of a portion of the structure which is located 6 feet from the lot line. 4. The wall shall be lined with a 5/8 inch gypsum board to face the interior of the unit. Further, a 5/8 inch gypsum board shall also be placed on the interior of the existing outside walls. 5. The petitioner, on forms provided by the City, shall record deed restrictions stipulating that the wall cannot be removed and is intended for fire safety purposes. Variance #4, Lot 4B, 6432 Starlite Circle If the fire wall option is recommended, the stipulations are: 1. A diagonal wall is constructed to meet the 10 foot side yard setback requirement, or a fire wall is constructed in a 90 degree fashion as indicated in the attached plans. 2. If the 90 degree angle is constructed, the variance is from 10 feet to 8.7 feet for a living area encroachment. 3. This variance request acknowledges the existence of a portion of the structure which is located 7 feet from the lot line. 4. The wall shall be lined with a 5/8 inch gypsum board to face the interior of the unit. Further, a 5/8 inch gypsum board shall also be placed on the interior of the existing outside walls. 5. The petitioner, on forms provided by the City, shall record deed restrictions stipulating that the wall cannot be removed and is intended for fire 'safety purposes. 2J Staff Report VAR #93-09, 6420-22 and 6430-32 Starlite Circle Page 7 Appeals Commissivn Action The Appeals Commission on a 3:1 vote recommended denial of the side yard setback variance for the twin home located at 6420-6422 Starlite Circle N.E. The Appeals Commission on a unanimous voted recommended denial of the side yard setback variance request at 6430-6432 Starlite Circle N.E. 2K t�s�xer,..r.. _N ..,. �►+ v. ro c a a ai a:. b.- a �•;,, u y � o o" a. u, ., �� « j' C XO�+ro.CC �N i+w .:�C � Ov N O'0 ` d mF �7f�� ' W - 3�,.-pi � E U.-r .7 ai �C � ..� p � F E �+ � '3 a . F y w u�i VAR> f�.�*��}�3p� a� K O +� N O .. G rt - N E O � W c� � � 6.. O� .�C u Wal�� AT�l,aefC .�.:._-- �uFi UI �',�k'.,..., .. O X C O S� H�O C7 v1 U F 3 r+ 3 3� n V E W �.. .. - i, - . r ,. ! W .. I 6 I Cm � LL � i .. �: ; .. .... 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'T�`� �019Z ="`M „9Z ,80 0£0 'S ' � � e. �'.: j,_ < `•.' .. �.. .�„ ., . 1 -': oia a :•.t .... ;,_,., 'iW. � � .: � : :�':.: ,;_ : � �':": :.: : . a 6 ,� . .:.:..:.... ::�...� L :.�: . - _ .. -� �:� :��<:� ::::.... ........ .. � . z ...... : :..:: :.. .. . . � ....:.. �-�� Wp: /, . � .......... .:..i:.... . . �O. ASMY ,�i+ J a � � ` � � � � . �. � SuB�ECT P City of Fridley � 21748 , AT THE TOP Of THE TWINS B U I L D I N G P E R M I T � ; � RE . � COMMUNITY DEVEIOPMENT OIV. � j V �� gv r � � PROTECTIVE INSPECTtON SEC. 1 ; � , �l ---• � ��"��;', C)TY HALL FHIDLEY 55l32 NUMBER REV. OATE PAGE OF � APPqOVEO BV � � j' '� — 910-F15 2/25/93 � � � JOB AODRES 6420 Starlit�ircle NE T IEGAL LOT N_. __ T OR AODITION SEE ATTACHEO `�,� OESCR. 3A =.. 1 DOty�Nl@�.IIlEZ' AdC�{ltlOri SHEET 2 PROPERTY OWNER MAIL AOORESS 21P PHONE Bauer �onstruction Co. 1080 W Co Rd E, Shoreview 55126 483-0518 3231 3 CONTRACTC)R MAIL AOORESS Z�P PHONE IICENSE NO. Same � 4 ARCHITECT OR DESIGNER MAIL AD�RESS ZIP PHONE LICENSE NO. V 5 ENGINEER MAIL AODftESS Z�P PHONE l{CENSE NO. 6 USE OF BUILDING Residential 7 CLASS OF WOHK G� NEW ' O AODITION O ALTERATION O REPAIR O MOVE O REMOVE a oESCaise woaK . Construct a 44� x 24'- 0 lot line Dwelling; a 24' x 22' Garage; and a 10` x 10' Dec 9 CHANGE OF USE FqOM ` TO STIPULATIONS �ee notations on plan. Pxovide sod in the front and side yards. Provid� City �tith copy o� verif�ing s.urvey be�ore capping. Provicle a hard surface _.driueway. Paid Park k'ee q� $4Q6.25. . �� WATER LOCATxUN: 9.5' W o� Hyd, & 53.5� SW of M.H. Befo{e digg�ng cati fo� SEfniER LOCATI:ON; 2� N of Water all utility lacations 454-OOQ2 THE CITY OF FRiDLEY RQES NOT GUARANTEE THE REQVIRED BY LAYY ACCURACY OF UTlLITY � JC4'� fCNS AND ELEVATIONS. THIS DATA iS FCR i;�FGt��S47��J PURPOSES ONLY, SEPARATE PER�!!TS REQUIRED FOR AND PERSORS U�Ifv � ri-s�� t�sFO�,JlATION SHOULD WfRIN�, {-��ATi��, P�UM�ING Al�p Sf N� v��i�r �T o�v zwE s�T�. TYPEOFCONST. OCCUPANCYGROUP OCCUPANCYLOAD SEPARATE PERMITS AiiE REQUIREO FOR ELECTFICAL, PLUMBING, HEATING. VENTIIATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULI AND VOID IF WORK OR CONSTRUCTION ZONING SO. FT. CU. FT. AUTHORIZED IS NOT COMMENCEO WITHIN 60 DAYS, OR iF CONSTRUCTION OR WOAK fS SUSPENOED OR ABANOONED FOA A PERIOD OF 120 OAYS AT ANY TIME AFTER WORK IS COMMENCED. NO. OWLG. UNITS OFFSTREET PANKING I HEFEBY CERTIFY THAT I HAVE REAO ANO EXAMINED THIS APP�ICATION 1 STAILS GARAGES AND KNOW THE SAME TO BE TRUE ANO CORRECT. ALL PROVISIONS Of IAWS VALUATION SURTAX Fl Y'2 SC AND ORDINANCES GOVERNING THIS TYPE Of WORK WILL BE COMPL�EO $92 630 $46. 3i $92.63 WITH WHETHER SPECIFIEO HEREIN Oft NOT. THE GRANTING OF A PERMIT � OOES NOT PFESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE pERM1T FEE SAC CHAqGE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGUTATING CON- STRUCTION OH THE PENfOHMANCE OF CONSTRUCTION. SF)OH.00 S%SO.00 PLAN CHECK FEE TOTAI FEE License SC $5.00 $1,501.95 + Park Fe S�GNATUAE OF CON7AACTON OQ AUTMOR�2£O AGEN1 IOI�TEI 1 yyH PF F�v V I TED THIS IS YOUR PERMIT t: � .�� 2 z s ��.3 SiGNATUREOFOWNE:�diOWNEAHU4OER� �OAtE� BIOG �N � qiTE 2� F��R: q 0 � �. . 4 � � � � ` �� ° . 0 0 �� , Q � � � � � � � a VAR 9f 93-09 Walter Bauer w. F. �AU �R CoN STRIJCTION� . Co. 0 0 � �Q �. r2�� r�,, �A° 73� �" ��. � � ��°r �''�r ,. � _.,,/, s '�� 6420-22 '.�;,�E�� S'� �o cs �i4- �,`,`�oQ�o . � �' r . ,. � , �. °�a��. ��°-��C � �t � `/ ~' � � �l � � � � � piQg.�70.33X�4-8=85.15� . � D�NOTES �ROPpSED ELEVATlOtV. GARAGE FLQflR = /. � DENpTES DIR�G�IOH 4F DRAiNAG�. � TOP � B.LpCK � � b�Nbr�s Hus AT 1� Foor O�FSE�. c.o.wESr �aoR� � Rats 'SA & 3B, �Io , bOTY/W�t1..�R AnQITION, Artaka C4ttnty, Mtnrle: :o1e:1"�.,��.,' O penotes �ron Man. Bevrin Datum; Assumed �� N :�hereby certify t�tat this is d true and corroct repre�entation of .survey� af tF�e boundaries of t�e above described land and oi the , ration of o1! buildinqs, 1f an y, ther+bn, . pn-c�� e11 viFble� enrraachm�nt�, bn from and. . _ ._.. ........ .. Y� ar on : satd 1___ E. G. _RUD � SQN� tN� �.�.�a.� j..�IVL7 �UIt�Rh til8cri L1q�c1iV�}'� �� rarr��t asr►�aa � 2N � SITE PLAN� i : � j VAR ��93-09 � ' � Walter Bauer i � � � • ; �� . � � ' • . - •. \ ' . � . '. � � . � r . . L � � � � �. , . . �' . � .j ; � � � � � . �: . _ . _ . . . : � � . . � .� -.�- � �. =- - ' . .- . : : , . . . :- _ : _ = � . � . . ; . -_____�.� _ _._ o ' - �� i � . . . �, . .. _ . . -. .... ' ' _ . • � � .� - ,= '� :_: . . � � � � � • • • • ti'� �. . . ---•- - *i i • - . � . _ { _ _ —.. : .; •€• _�g. . , . . . . . R p ✓ . _ .s � __.U.ti�.� ... . ' � 4 � , ; ��1 . ,F�i'j '�' , _ / l 4 �' � ; � . ..,y, . ' G ��. • . � . t�:'; j� � . . . . �r�.�t. � . .. � a r: , { . ;c! `. _ . ��;.,.. � . . �..r ' . - , .'. , - ; l �� . ; � � � - � __ _� - . . � ,- . . � . . . � �;� - . _ ; i� , , �, , -�__. , �T 9 , 5 �- �- . � ��,:� . _ __ _ � �-�.� �.} �{:# l . i f ,:�. , � i GA�Zr�-�� ° . , . � � � � � — — — — —� -- —� — — — -�-- — — l �— �'' � ° __ � __.....___... _.___-- i= ; . (o � - . ��° � --�-- � � �'�' "� �� - — — J : : ; � '� ! _ ' VAR ��93-03 � 11 � � �� • i Walter Bauer • � . . ' . � ' ~�. . i /'� �L ti i ��xr.G. .^; ; . • �1Y �! ; � � � • , .• �� U. 4'/ D:�, �•�Z � •-- - « i ' ; i� � j . X `; j� i� � d S�.E E; �•t.� , � I s}- ' • �.► � V• n% 1 - P:..�F� �:Z orL . 1 ' � �_ N _,T � , � . — — - — .�++�,�:_ r ' ' : . — . . � \ :� .- �Js: 1r `�` i _ — — �� .�:__ - _`� __ } . 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V ��_� s� . i� _ 6 �� ' _ � �" . t � `" ti � •) . �,. ;, . = ti f , e � � .. _ � - �--' . . , . . ; i . . - . _ :�� 3 �, - : � ; - - - _-- - __ :1 . . � �- t 2��`�'-' '��. _- �-� � _ _ '- � � t � � . - } r ' ' ' � 2� � � � � � ` �,V . l . ` � = ' �'� + I , � F . �, �� h � � ; - --- __ _ ,, = _ -�� ; ' o ,, R : � f � . . . _ � � „� ' S' � �.-. � ' -,� ,}x� �� LT 84 X �`�d . � .,` � ' � - ; . - �/ ' - �� i - . � ^ ! -�. �. - 3 � " 1 � � • i_-� .^ ; - - ---- ---�-------+� . :, — . ; . _ _ � — — ---t� ' . . . � „ I , �4-0 ' ; .. �- -- -- ---•---._.-• --- �----- ------ --- - - - -� , . � i ,,.... ___.- _ _ - - � -•��..�� --- — ------ � � '� �' ��i�� 2P sue�ecT IT NO. City of Fridley 21751 AT THE TOP Of THE TWINS g � I L D i N G P E R M I T r S L RECEIPT NO. � ; v _ COMMUNITY DEVELOPMENT OIV. � ` f � � PROTECTIVE INSPECTION SEC. 0(� � � ' � /"�1 � CITY HALL FRIDLE� SS43Y NUMBER REV. DATE PAGE OF APPqQYEO BY �"'_'�'�• •'� 612--57�-3450 910-Ft5 2/25/93 � � JOB AODRESS 6430 Starlite Gircle NE 1 LEGA� H AOOITION SEE ATTACHBD OESCR. 4A 1 Doty/Wellner Addition SHEET 2 PROPERTY OWNEfl MAIL AOOHESS 21P PHONE Bauer Construction Co. 1080 W Co Rd E, Shoreview MN 55126 483�0518 3231 3 CONTRACTOR MAIL ADORESS ZIP PHONE tICENSE NO. Same 1 ARCHITECT OR DESIGNER MAIL ADOHESS ZIP • pHONE LICENSE NO. 5 ENGINEER MAtL AODRESS ZIP PHONE LICENSE NO. 6 USE OF BUIIDING Residential � 7 C�ASS OF WORK � NEW � ADDJTION O ALTERATION ❑ REPAIR ❑ MOVE O REMOVE 8 DESCFIBE WORK Construct a 24• x 43.5� 0 lot line dwelling; a 22� x 24' Garage; and a 10' x 10' De 9 CHANGEQFUSEFROM TO STIPULATIONS See notations on lan. Pxovide a verif in surve before ca P y' g y pping, provid sod in the �ront and side yards. Provide a hard surface driveway. Paid $406.25 Park Fee. SEWER LOCATION: 2� S of Water WATER LOCATION: 77.5` W of Hyd. & 29' W of M.H. ' x%�'��''�� TH� CITY OF FRlDL�Y f3�£� �c � GUP.RANTEE THE . � '� `~�� A C C U R A C Y OF 11T��.! i`( !_�1�;A i:fJ;:S A?VD �LEVATtON � � ��-�x � � �@ f 0� 8 d i�� :� �ait fof T H I S DATA IS FGR !\Fv^�:`�r'a�"?L�! P U R� O S E S O N L Y, a1) utility Iflcations ,.� AN0 pE R S O NS USft�� s ri 1� i t y F Q R M A T i O N S H O U W 4 5 4- 0 0 0 2 V E R 1 F' Y 1 T � N S H E S1'TE. REQUIRED BY �� SEPARATE PERi1J�ITS RE�3JfRED FOR WiRtNG, HEATING, PL��vsS�tsG ANp S1GNS. SEPARATE PERMITS ARE REQUIRED FOF ELEC7RICAL, PLUMBING. HEATING, TYPE OF CONST. OCCUPANCY GROUP OCCUPANCV �pAO VENTIIATING OR Alq CONDITIONING. THIS PERMIT 6ECOMES NULL ANO VOIO If WORK OR CONSTRUCTION ZONING SO. fT. CU. FT. AUTHOFIZED IS NOT COMMENCED WITHIN 60 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENOEO OA ABANOONEO fOR A PERtOD Of 120 DAYS AT ANY TIME AFTER WOFiK IS COMMENCED. NO. OWIG. UNITS OFFSTREET PARKING 1 HEREBY CERTIFY THAT I HAVE HEAO AND EXAMINEO THIS APP�ICATION 1- S7ALlS GARAGES ANO KNOW THE SAME TO 8E TRUE AND CORREC7. ALL PHOVISIONS Of LAWS VA�UATION SURTAX AND OfiDINANCES GOVERNING THIS TYPE OF WORK WIIL BE COMPLIEO Fire SC WITH WHETHER SPECIfIEO HEREIN OR NOT. THE GRANTING OF A PEHMIT $91,532 $45. 7% $91. S3 OOES NOT PRESUME TO GIVE AUTHORITY TO V10LATE OR CANCEL THE pERMITFEE SACCHARGE PqOVISIONS OF ANY OTHEH STATE OR LOCAI LAW REGULATING CON- STRUCTION OR TNE PERfORMANCE OF CONSTRUCTION. $603. SO $%SO.00 - . PLAN CHECK FEE TOTAL FEE License SC $5.00 $1,495.80 + Park Fe S�GNATUPE OF CON:RACTON OA AUTHORIIEO AGENT � IOATEI HE N R V IO TEO THIS IS YOUR PERMIT , � 2 -25= 93 SiGNATUAEOFpWNEPUf OWNEPBV�IOfR� 10ATE� BLDG �NS° f1i1E �fA �� '�\ t70US8 � . j ` � v� GQr / Prop. /r � ` G. ` House� ` �r� Gar. ! �� / 6430-32i � . }� - c�-�: : .. . :. _. . .. _ . . _ . -�� ' --�y�,�a�� o'�._. �:E°. �3Q�cs�zi�a+�- -e }-iz��,� �.ane� ,� . �'fia:r.{ i�rt. Sivd ... _ � -�- . :�l�iv; _ �3-�-g.4g VAR ��93-09 Walter Bauer � � � ,.� `�� u�� 7'�r ... .+ii _= :. _: . . . . Ci �St^..'.i ".�._ , . 1`�{.i: ' _ i/r'.T�if,S ._y.' _ . x .� •,. A . F�.,.: - ..�.' , ��Kw.',;r:� .. �.N"z;.` - f� � ��' � - . �. : .�:.. : i"S � _ .:: ._ : . � � �' a r � ► �� P�B��' x � �� o �c� �a�� .� . �'+ �� i �� ! _ � � � � ��Ir'� �.=�a.�3x�s�s5.�s� - 0'CES PR4POSED El�yq'� flN, GARAGE FLOOR = 85� . t 01�ES n(aEGnqN QF 13RA�tJAGE. 70P OF BLOCK = 8 s i. 5 D HUB AT '� 1�OOT O�SET. LaWEST FLOCiR = 65 �: 5{s�ab o �E�`''�,t� - cvex- "ric3� _ �*�d� 4A & 4B, Biock. 9� �Y/1NEL�ER AOdi�lOi�. Anoka County, MinneSotd �"-�� o Deno on. � Bearinq Datum• Assvmed Jab No. certify th�t this is a trus and correct rep�esentatiar► of F the baundaries of the Qbove described ivnd ond of the ait buildings, if vny, {horoo�� qnd all visible encroachmente, i or an said land. Y G._RUp ��t� ,.,G //r.�r�., ..: G_'!_-- ---- B .��" �'' �. Cil. ��i� � ��, � L�h�U P�tR1Il1'GlRB sleaa i.��rY,�w �ot1�c. t�ci. Gi�tC�.R 1d!1hi�i, �'''�IkAV�7T� �QSI�-�az� 'i�/�� ab•8�,ar1 ' a/��. � oak 7'�,s /� /93 . , . . - - ------_--_._�_---.__.� _3_._...._:..�----. ��....:,-....�_ �: _ . ..._. ... __ .... �-4�46 �i. 2R SITE PLAN � U , � _� � � . ` ^ - .� �� .N 0 0 � _, a.� � � N �� i �� . ` �� 1 . � �0 - - f� VAR �� O�-I- �, � Walte�al�r :� ` .a . . _ j N � � � ! • � . ' _ ' ' . ' I I � . I � ` �+ i ( Q _ . t . _.. _ ._ ._.._ ..._ .._._.... _.._ ......_.,_ - � . _ ' � � I _ � � �. _ " _ _ . . , . �. . . ; � � � �ur�° �Ri�l � Z �� - � - . . a y , � . . ''- � °� '�R i�-� :,..� z�;.-:, . �,�s � � << 2-0 � ' '""" ,-G . � - 31.T 84 x�� . � �; �� , ( � �� 2S � 22-p" - 1 ----_2�_`a�,: - 1 � 1� �� , � . � •' , ' � � ,,,�� ' ■��I�� t '��At�.�.�.w - VA_R� �93-09 � Wal r Bau r (z) 2x� K ,� �� - - � 6x.� � Posts � �, �_ ��, — �9 - � '� -- - � � O 2� � � v �� Ig" �, � � � ��t � . � � ,, �.� ^�t- � � �0 � ' � � �v ( _ �C�,,Q� � --SoB�`F �� M 2� � N e ldJ ' � - - � -- , 2� �P �o� � � - - ., � i . � ' , � . .��. . � � � � -��M �. 2 � ' . i ; _ . 3 �" . � o � �� 7,� M ` - �: - A �. � � N .—_ �C � - � ;- ,� ( _ � � � d� ' � b� E _ - � . , . _ 1�.---- - - ` 4 � �c�l � 2 - . . � � —t . - . - y..:. � . � j� ��T _ _ � ! � , — __ _ , � —�� :wx: Fi1E ' T �' a I � � ; � � 12 � �O� ? Z `p �� 2-Q� - : � . 24 , a„ ' �LA� 2T J . � � �3'� ��I � � This Plan Must Be Maintained Ar Accessible On Th Construction Site �5�. S.x � Y ��dy,T��N� _ Y`v�"' r+. � i � `,.. ` �rts,,,r �' �� 7 �ir" �° �~ ..;� : �; ; r .r.,� �,w ,:+*� . ,;.� ... ;��°' .. �;;:r:_.. ., r:S��: _�,`A -A• `S" _, ,._ .. . 0 CtTY OF FRfDLEY 6431 UNIYERSITY AYENUE N.E.. FRIOLEY. MINNESOTA 55t32 W. G. Doty & Gary Wellner 6379 University Avenue N.E. Fridley, P1n 55432 CITY COUNCIL ACTIO�V 7AKEPd NOTICE Dear Mr. Doty and Mr. Wellner: TELEPHONE ( 612)571-3450 July 14, 1982 On' June 21. 1982 , the Frirley City Council officially approved your request fer �F�al P1 at, p��R�_m nn�y_t�IELINER�1D�liT��N - with the stipulations listed belorl: - Approved variances as follows: � Variance of Lot widths on Lots 2, 3, 4, 5 and 6. Variance of side yard, of double garage fr,om 5 feet to 3 ft. on Lots- 3 and 5. Variance of the front yard setback from 35 feet to 30-feet�on tots 2, 3, 4 and.5. .__._. ___...____.... �._ Variance of the side yard (corner ) setback from 35��feet to 13, on Lot.7: Variance of the rear yard setack from 25 feet to 13-feet on Lot 7, Variance of the rear yard setback from 25 feet to 22 feet on Lot 5. That the proposed buildings, A and B, be followed as presented to City staff, as far as the size of the structures. - if you have any qu°stions regarding the above actian, olease call the Co;rmw�i�ty Develop�ent Office at �71-3450. JLB/de Sincerely, ROLC L. BOARD"'u4N ity Planner Please review the noted stipulations, sign the state�nent below, and return one copy to the City of Fridley. 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I � � .� � � :; . � �� . � . � . . � : ;- , .. . _ - 2X . _. . . _ , W � �,��- CITY OF FRIDLBY' APPEALS COMMISSION MEBTING, JIINE 1� 1993 CALL TO ORDER• Chairperson Savage called the June 1, 1993, Appeals meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Diane Savage, Cathy Smith Carol Beaulieu Larry Kue�iile, ssion Ken Vos, Others Present: Barb Dacy, Communi Development Director Michele McPherso , Planning Assistant Steve Zarakski, . F. Bauer Construction Walter F. Bau , W. F. Bauer Construction Hap LeVande , W. F. Bauer Construction Elizabeth raham, Top Tool Company A1 Abra , Top Tool Company Levy P ell, 6410 Starlite Circle NE Gary ellner, 6412 Starlite Circle NE Mi ael Milligan, 392 - 66th Avenue NE nnifer Milligan, 392 - 66th Avenue NE Jim Thayer, 377 - 66th Avenue NE Janet Thayer, 377 - 66th Avenue NE Pat and Fred Bender, 100 Satellite Lane NE Joy Ecker Peka, 6380 Starlite Blvd. NE May l. /by Mr. Kuechle, seconded by Ms. Smith, to approve the , 1993, Appeals Commission minutes as written. A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BAPAGB DECLARED THE �N CARRIED IINANIMOIISLY. TABLED: CONSIDERATION OF VARIANCE REOUEST, VAR #93-09 BY WALTER BAUER• Per Section 205.08.03.D.(2j.(a) of the Fridley Zoning Code, to reduce the side yard setback between the living area and the side lot lines addressed as 6420-6422 and 6430-6432 Starlite Circle, Doty/Wellner Addition, to allow the construction of two new two-family dwellings as follows: a. Lot 3A, 6420 Starlite Circle, 10 feet to 4.5 feet 2Y APPEALS COMMISSION ME$TING. JIINE 1. 1993 PAGB 2 b. Lot 3B, 6422 Starlite Circle, 10 feet to 5 feet c. Lot 4A, 6430 Starlite Circle, 10 feet to 7 feet d. Lot 4B, 6432 Starlite Circle, 10 feet to 6 feet MOTION by Dr. Vos, seconded by Mr. Kuechle, to remove Variance Request, VAR #93-09, from the table and open the public hearing at 7:33 p.m. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON SAVAGE DBCLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated the property is located on Starlite Circle at the end of the cul-de-sac just north of Starlite Drive. To the north of the property is zoned M-1, RAO Manufacturing. Mississippi Street is located to the north. To the west of the property is the Burlington-Northern Railroad tracks. To.the south of the property is single family zoning and homes. To the east of the property is the Cherrywood Apartments, R-3 zoning. Ms. Dacy stated, in her presentation, she will provide the history of the property, the request before the Appeals Commission, and the staff recommendation. Ms. Dacy stated the original Doty/Wellner plat was completed in 1982. The plat culminated approximately a two-year process for this area. The petitioners at that time requested a subdivision of the property into twin home lots and also petitioning re-zoning from industrial/commercial to residential. After a number of meetings, three lots on the southern part of the plat were zoned R-1 and are now occupied by single family homes. The remainder was re-zoned to permit "zero" lot line twinhomes. At that time, the concept of zero lot line twinhomes was just making its way into the market and many communities like Fridley did not have a zero lot ].ine process in the subdivision ordinance. In order to accommodate this request during the plat process, the Council at that time granted a number of variances to reduce the lot width from the typical single family dwelling lot width to accommodate the lot width for a twinhome. Key to this case is that one of the variance� that were granted was a side yard setback variance for a garage from 5 feet to 3 feet on the lot known as Lot 3. There are also front yard variance requests granted and rear yard variance requests granted. Also during that process, the petitioner at that time had submitted two typical twinhome proposals that were going to be constructed on the property. Ms. Dacy showed a drawing which is similar to existing twinhomes that are now on the property. The proposed twinhomes have a two-car garage in front of each unit with living area in the back nf the garage. The other drawing submitted during the review process zZ APPEALS COMMISSION MEETING, JQNE 1, 1993 PAGB 3 shows a one-car garage in front of the"twinhome unit. The existing twinhomes constructed to date have two-car garages. Ms. Dacy stated the request before the Commission concerns two twinhomes currently being constructed. She referred earlier to the three single family homes. What happened with the current request is that two certificate of surveys, one for each twinhome, was submitted along with the required number of building plans. For 6420-6422 Starlite Circle, the certificate of survey indicates the garage being in front of the proposed living area and the same is the case for 6430-6432 Starlite Circle. When the certificate of surveys were reviewed for compliance with the variance setback on Lot 3 from 5 feet to 3 feet, the survey did match that. Unfortunately, what was not caught is that the inspector looking at the building plans did not determine until after the permit was issued that there indeed is living area over the garage. As you know, the Code requirement says that living areas must be l0 feet away from the side lot line and not 5 feet. This was brought to. our attention by the homeowner to the south, Mr. Gary Wellner. After that time, we contacted the petitioner, W. F. Bauer Construction, to halt work and they have done so. At this time, the twinhome at 6420-6422 has been framed, and the electrical,- plumbing and roof have also been completed. The status of construction on 6430-6432 is that the framing has been completed on the first floor only, rough plumbing is done, but the second floor has not been constructed. The request tonight reflects a variance request from the 10 foot side yard living area requirement to the edge of the livable space on each of the four units as they exist today. Ms. Dacy stated the Commission has three options to make a recommendation to the City Council. The first option is to approve the variances as presented. The Commission must determine that a hardship exists and that the variances are not contrary to .the spirit and intent of the ordinance. Staff. cannot recommend approval of the variances as presented based on the history of this particular plat process and the fact that we don't believe a hardship exists. The intent of the 10 foot side yard setback is to maintain adequate area between living units for fire safety. Ms. Dacy stated the second option would be to deny the variances as requested and force a re-design and re-construction of the twinhomes. While that has obvious financial consequences, that issue is not for the Appeals Commission to decide tonight. That is a matter that may have to be adjudicated or be determined by the insurance company. The current distances between the two living areas is 17.5 feet between the existing north side of the unit at 6412 and the south side of 6420 and there is 14.5 feet between the two twinhomes that are under construction. The petitioner was going to verify with his surveyor whethez_ this determination is correct. 2AA APPSALS COMMISSION MEETING. JIINS 1, 1993 PAG$ 4 Ms. Dacy stated the third option is to approve a modified request where a fire wall is constructed within the unit to prevent habitable living space to be created. For each of the units, staff is suggesting the construction of a fire wall. A fire wall could be constructed on the diagonal at exactly 10 feet or construct a fiZe wa11 at 90 degree angles in such a fashion to retain a loqical layout in the bedrooms. These options would create dead space. Staff recommends a fire wall be constructed to a one-hour rating of 5/8 inch gypsum board and another 5/8 gypsum board on the interior of the exterior wall so essentially there are two fire stops between the two living areas. Staff also suggest that, if this option is pursued, that the owner record deed restrictions alerting potential owners that this wall cannot be removed. With the fire wall option, there are portions of the unit that would encroach into the setback because of the angle of the lot line. Ms. Dacy stated there are essentially four lots that need action. The first is Lot 3A, which is the southerly most of the twinhome properties at 6420 and is adjacent to the existing twinhome. Again, staff recommends that the Appeals Commission approve a modified variance with the fire wail option. If the Commission- recommends approval of the fire wall option, what we recommend is that it be constructed in conformance with the plans in the staff report, that the walls be lined with 5/8 gypsum board on both the interior and exterior walls, that the deed restrictions be recorded, and finally to correct the drainage problem and construct a swale to the street or construct some other means to handle the runoff from the property. Ms. Dacy stated, for Lot 3B, 6422 Starlite Circle, the same recommendation for the fire wall option with the same type of stipulations for the gypsum board and deed restrictions is proposed. Ms. Dacy stated, for T�ot 4A, 6430 Starlite, because only the first floor is framed, the Commission can consider denying the variance� or approving a modified variance using the fire wall option and stipulations. The same is true of Lot 4B, 6432 Starlite Circle. Ms. Dacy stated that she mentioned in the report that the petitioner has alternative suggestions for interior redesign of the. unit which he will present. Ms. Savage asked why this request had been previously tabled. Ms. Dacy stated the petitioner wanted more time to review their legal options and to prepare in more detail. Ms. Smith asked if the existing twinhome to the south had living area over the garage. : : �PPEALS COMMISSION ME$TING. JONS 1. 1993 PAG$ 5 Ms. Dacy stated yes, it does but it meets the 10 foot side yard requirement. This twinhome meets the requirements as does the existing twinhome across the cul-de-sac. Mr. Kuechle asked if there were any options for putting in a fire wall other than the diagonal wall, such as just using the outside wall for a fire wall on the exterior and interior to meet the fire code. Ms. Dacy stated this is an option. - Dr. Vos stated Ms. Dacy had mentioned the area affected by the construction of a fire wall would create dead space. Can this space be used for storage? Ms. Dacy stated she would recommend it not be used for storage. It should be dead air space. Ms. Savage asked if there was a preference according to staff as to the design of the interior fire wall. Ms. Dacy stated no. ' Ms. Savage asked why staff chose the option of a fire wall. Ms. Dacy stated this was done to try to enforce the Code. Staff devised an option that would meet the l0 foot setback requirement. Mr. Hap LeVander, an attorney representing the petitioner, stated the request for a continuance was requested because, at the point when this first came up, it was sudden and Mr. Bauer did not have a chance to consider the construction options that might be available. He asked staff for additional time to review where he was with this project and perhaps some up with something that would be acceptable and the variances not be as initially suggested. Staff has accurately given the history of the matter and has described where we are with reference to this project. Mr. Bauer did receive a building permit from the building inspector before construction began. The survey showed where the properties were and where the houses and garages were and also showed an the application there would be living areas above the garages. The permit was issued and Mr. Bauer began construction shortly after that. He would also emphasize that on Lots 3A and 3B, 6420 and 6422, the construction is already will progressed. On Lots 4A and 4B, the first story is done but the second story is not. Mr. Bauer would to suggest as an alternative is a further modification that he thought would allow the homes to be built and the bedrooms not built on a bias with a fire wall. It makes more sense for the interior fire wall to be on a 90 degree angle. In the walk-in closet area, the suggested diagonal line does not present the same z�� APPEALB COMMISSION ME$TING. JIINE 1, 1993 PAG$ 6 problem as in the second bedroom, but they would like to avoid having a diagonal line run through the bedroom areas. Part of the ordinance allows bay areas of up to 8 feet on the side lot in the case where you have a cantilever where the structure itself is 10 feet away from the lot line on the first level but the house or the living area can extend two into that cantilever on the second level. This is part of the ordinance. If using that as a point of reference, they have a suggestion that they think would make the solution to this problem comfortable for all sides. What they propose is to modify staff's recommendation to provide an extra foot to the second bedroom and this would be tolerated in the bay area concept that is part of the ordinance. The walk-in closet wauld have a fire wall constructed on the diagonal line at 10 feet. The request for the other three lots would be basically the same. This option would have the full 10 feet of compliance other than in the one bedroom of each unit. The other provisions that staff are recommending for the construction of a fire wa�ll and that the deed have restrictions are acceptable. To me, these modifications would go a long way to settle the problem and work our way out of a difficult situation. Ms. Smith asked that they are in agreement that all four units- there would be a double fire wall. Mr. LeVander stated yes. Dr. Vos asked what Mr. LeVander felt was the hardship. Mr. LeVander stated the hardship is, if you live by the 10 foot setback, they would have to move buildings. The foundations are in, construction has begun. Relocating the buildings further to the rear of the lot would be very difficult financially. Mr. �Bauer stated they are considerably into the building construction. 6420 and 6422 are well into construction and 90� sided. The other part of it is to do anything that would lose the one bedroom and have a one bedroom unit. It would have considerable cost. Ms. Savage stated originally the petitioner did not think a variance was reguired. Mr. Bauer stated this was true. Where they did not comply was realizing the second story had to be 10 feet away. Along with that, the certificate of survey, also submitted were two sets of plans for the building. We did not realize we were in violation of the Code. Ms. Smith asked if there was any way of knowing if this existed. Ms. Dacy stated yes. The building plans are quite clear that there 2DD APP�ALS COMMI88ION ME$TING. JIINE 1, 1993 PAGE 7 was living space above the garage. Dr. Vos. stated, There were not second story. different? bn Lots 4A and 4B, the construction is not as far. options of doing something different with that Has there been any thought of doing something Mr. Bauer stated they tried to figure out what they could do there. There is no other way than to tear down and move back. Mr. Bauer provided a copy of the plan as provided to the building inspector: One of the reasons for asking for the cantilever bay situation is because it makes the windows work out and gives room to allow a double bed in that room. With angles, there would not be sufficient room. Mr. Gary Wellner stated he owned the praperty at 6412 Starlite and 6421 and 6423 Starlite Circle. He is the original developer of that parcel and has spent many hours working with the City. When originally platted, there were people opposed to the development the way it has been developed. It was done very carefully, very detailed and done with the neighborhood and the City. One of the most thorough things done. The variances that were granted were� requested upon the original plat were very detailed and very well thought out. The buildings being constructed at 6420-6422 and 6430- 6432 were never intended to be built and that is part of the problem. There was a building that was part of the planning processes that have garages in front of the building with the reason being that those would accommodate 3 bedroom units and the other six lots were intended to have probably two bedroom units and no living space above the garage. There was second part of this which by not having living space above the garages, the garages would give a less dense look. The way constructed on 6420 is being done, it is not legal almost until you get to the side entry door. Another concern is the drainage. As Mr. Bauer has built this by berming the back yards, the drainage from that lot will flow directly onto 6412, which is not proper. With the garages being setback at 3 feet at that point and having to put a sidewalk there to go to the side entry door, there will be a support problem for concrete, but furthermore there is not way to come out of there for drainage. The drainage right now is clearly going to be pooled on his property. He does not understand how this is going to be done. He cannot see how a swale can be put in within tl�at property. He has no desire to give up an already small side yard for drainage. He has a hard time seeing the justification for the City to come in and take part of the lot to get rid of the drainage problem. The second building on Lots 4A and 4B could be constructed with the original intent very nicely. Mr. Wellner showed drawings of the original configuration on the lots. He finds it very difficult to understand how this could have been ailowed. Human error certainly is an element. When he platted, he did so with the help Qf the City in good faith. The City had concerns about it being congested 2EE APPEALS COMMISSION MEBTING JIINS 1 1993 PAGB 8 and felt by havinq the garages out to the front and the buildinq to the rear would address that concern. The lots are shaped as such to expand the buildings behind the garages. Putting a fire wall helps address part of his concern but he i�s not sure it addresses his concern about the closeness. He suggests that Lot 4A and 4B be built to comply with the code. There is no reason why this could not be done. It would cause modifying the plans and he believes this is proper. He believes the Commission is here to enforce the Code and he thought Mr. Bauer must address the Code and know the parameters under which to operate. Mr. Bauer may not be familiar with Fridley but he knows the process. The City is at fault to a certain extent. Lots 4A and 4B can be addresses and he hopes they will. When he built, he complied with the Code and did not ask for variances. Now we allow someone to come in and build buildings that don't meet the Codes and without enforcing others will start buil.ding anywhere they want and then come in and ask for a variance. The whole thing should have been thought out before hand. A 10 foot side yard setback is a minimum and that is the Code and he would like to see that enforced. We have a situation now where the bedroom window on 6412 look directly into the bedrooms of the building on Lots 3A and 3B. That was part of the original process that having a building flare out in the rear part- of the low that this would not happen. He did not feel this should be allowed and he would request the variance be denied and certainly deny 4A and 4B. The only justification is a financial hardship. Having been involved in building, he has a responsibility to know what he is doing and where he is doing it. The rules are not always the same. He cannot totally fault the City but he thought that staff missed the boat in this case. When he came to City Hall to question this, the plan was.there and showed the garages and showed a dotted line and it became very obvious that there was intended living space. The person approving the plans was certainly in error. He requests the variance be denied: He realizes there are financial consequences. He believes there is devaluation to his property. The intent was to have living space to the rear of the garages. This information was accessible to staff and available to Mr. Bauer if the time had been taken to find it. Ms. Savage asked Mr. Wellner's reaction to the fire wall option. Mr. Wellner stated it does not address the drainage problem. If the building were torn down, it could be regraded and could have the elevation there to address major concern. He has living space on the ground and he has not had any water problems, but with the elevation as it is he feels they will have water in the basement. The fire wall does not address the concern of the crowding issue. That is the bare minimum he would like to see done. He does not think the cantilever idea should be allowed and they be required to be back 10 feet for whatever fire wall they put in. 2FF APPEALS COMMISSION MEETING. JIINB 1. 1993 PAGB 9 Mr. Levy Powell agreed with Mr. Wellner. It is congested in that area and he supports Mr. Wellner's ideas on this project. Mr. Bauer stated the drainage problem could be handled. This is not an impossible situation. One side of the building was rained down. The rest will come around to the side of 6422 and 6430. Dr. Vos stated it seems that the elevation difference between 6412 and 6420 is more than one foot or two. � Mr. Bauer stated it can be but down to about 1.5 feet. What is there now is not the finish grade. Ms. Pat Bender stated she has lived in her home about 10 years. The existing buildings were done before they moved in. She is against it and has been for years. She thought it was done and were waiting for the remaining lots to be sold. They are concerned about the off street parking. She did not know if the driveways would be big enough for cars and where would cars park. They live in a single family home and she is concerned about property values. As far as the one that is already built there, there may be nothing we can do about it. The other two lots should'be combined into- one. That would have financial loss but what about the rest of the single family owners who would lose value on their homes. Dr. Vos asked if Ms. Bender was against any variance. Ms. Bender stated she was against the whole thing. This is a residential area with single family homes. With rental property, she did not know what that would lead to in the future. Mr. LeVander stated the twinhomes are residential in the first place. The property backs up to industrial and he did not think singi� family homes would go in there. It is common to buffer single family from industrial and commercial with twinhomes. Mr. Joy Peka stated she lives in a single family home. She is concerned about people parking in front of her house. She has two young children and is concerned about the crowding, the traffic and the congestion that would result in that area. Mr. Wellner stated at some time there will economic damages. They come in the form of reconstruction of a building, the form of a lawsuit for damages, etc. It seems this could be addressed by complying with the Code and then let the City and Mr. Bauer work out however it would work out. It is not his place to have to sue the City or Mr. Bauer for the things going on here, but he does believe that will devalue his property and he feels the neighborhood feels the Code should be complied with. When the matter goes to the City Council, some of those members who worked on the original plat will be there as well. Sometimes these things 2GG APPEALB COMMISBION MEETING. JIINE 1, 1993 PAGE 10 continue to go on and, in the long run, the cost is about the same. The buildings are up right now and we cannot do much about that. He thought this is misleading and he thought they should not take that position and there is no justification to take that position concerning Lots 4A and 4B and, he hoped this was also true on Lots 3A and 3B. Mr. LeVander stated he thouqht avoid lawsuits, claims with the insurance companies, etc. and thought this would be a mistake. Staff has accurately assessed the situation and made a reasonable recommendati.on on how to proceed. Mr. Bauer has asked to be given an extra one foot. As far as closeness to the buildings, Mr. Wellner platted the property years ago and received the variances so that issue in large part was resolved when the platting was done. We have asked for a modest change in staff's recommendation '` and he felt staff would not make a recommendation if it was not within the criteria of the City Code. MOTION by Mr. Kuechle, seconded by Ms. Smith, to c].ose the public hearing. � IIPON A VOICE VOTE� ALL VOTING AYB� CHAIRPERSON SAVAGE DECLARED THE- MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:38 P.M. Ms. Savage stated she would like to clarify the issue. There are three options - the Appeals Commission could approve the variances as requested and to do so we would have to find an undue hardship; the Commission could deny the variance requests; or the Commission could approve a modified plan which would include a fire wall option. There are some issues here that we are not involv.ed with. One is that lawsuits is a not concern of this Commission. The background on what happened and whether or not there would be two family homes is not a concern of this Commission. The only concern is ta- consider the variance request to reduce the side yard setbacks. The Commission should focus on this with the understanding that the request will go to the City Council and that is where the issues can be dealt with. Dr. Vos stated hardship is one of the only reasons a variance is granted. When he asked the petitioner the hardship, the petitioner stated financial reasons which is not a hardship. His recommendation is to deny for Lots 4A and 4B. If you came in prior to construction and asked to put living quarters within 10 feet of the building to the south, he would also deny that. At this time, since the hardship is not financial, he would deny 3A and 3B also. Ms. Smith stated, while she agrees the petitioner should have known what the City Code is, the City did approve the plans that showed living space over the garage and she would be inclined to take the reguests individually and a grant modified option for the two south lots. Since there is an option to do something on the two north 2HH � j ' '.'w APPEALS COMMISSION MEETIN(� JONS 1 1993 PAG il lots, she would vote for denial. Mr. Kuechle stated he concurred with Dr. Vos. The builder should have realized that there is a standard requirement for living space to be 10 feet back. He agreed there was confusion in the way the original variances were written, although it does say garage and, unfortunately, the City staff did not pick up. The building has started but he thought it best to correct the situation now b�fore going any further. He would recommend denial of the variance requests. MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend denial of Variance Request, VAR �93-09, to reduce the side yard setback on Lot 3A from 10 feet to 4.5 feet and on Lot 38 from l0 feet to 5 feet. IIPON A VOICE VOTE, AITH COMMISSIONERS RQECgI,E� ppg� AND gAVAGE VOTING AYE AND CpMMIggIpNEg g�Tg pOTING NAy, CgAlgpgggON BAVAGB DECLARED THE MOTION CARRILD By A MA�TORITY VOTE. MOTION by Dr. Vos, seconded by Mr. Kuechle, to recommend denial of Variance Request, VAR #93-09, to reduce the side yard setback on Lot 4A from 10 feet to 7 feet and on Lot 4B from 10 feet to 6 feet. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPLRSON SAVAGE DECLARED T$E MOTION CARRIFD IINANIMOIISLY. Ms. Dacy stated the City Council would review this request at their meeting of June 21, 1993. 2. CONSIDERATION OF VARIANCE REOUEST VAR #93 10 BY MICHAEL MILLIGAN. -Per Section 205.07.03.D.(2).(c),((3)} of the Fridley ing Code, to reduce the side yard setback on a corner lo from 25 feet to 10 feet to allow the construction o three-car garage on Lot 1, Block 3, Rice Creek Terrace Addition, the same being 392 - 66th Avenue N.E. MOTION by Mr. Kuechle, seconded by Ms. th, to waive the reading of the public hearing notice and to o n the public hearing at 8:45 P•m- UPON A VOI;CE VOTE, ALL VOTI AYE, CHAIRPERSON SAVAGL DECLARED T8E MOTION CARRIED IINANIMOII . Ms. McPherson sta the variance request is to reduce the side yard setback f the corner side of a corner lot from 25 feet to 10 feet to a ow the construction of a detached accessory structure facing t side street. The request is for 392 - 66th Avenue N.E. The perty is generally located at the intersection of 66th 2�� . .. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 , � �� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VAR.IANCE APPLICATION FORM PROPERTY�FORMATION - site plan required for submittal; see attached Address: � �'(��. ,�� ^�o�� -�� (� "`t Property Identif'ication Number (PIN; Legal description: �.d� �� 3 Lot Block Tra.cdAddition �( �'/ / (.,c��-L�� rt. Current zoning: � �. `Square f � tage/a�.reage _ � � Reason for variance and hardship: �,� ' �. S � l� -' � � /(� - 7 a �� ' � , Section of City Code: Have you operated a business in a city which required a business license? Yes No �_ If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No �EE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) . SIGNA � YTIlVIE PHONE �'�.5 '�S ADDRESS SIGNATURE YTIME PHONE DATE Fee: $100.00 $ 60.00 �_ for residential properties Permit VAR #�-O `� Receipt # Application received by: Scheduled Appeals Commission date: Scheduled City Counci� da.te: _� 2JJ Englneering Sewer Water Parks Streets Maintenance MEMORANDUM TO: Barb Dacy, Community Development Director PW93-179 FROM: Scott Erickson, Asst Public Works Director�4, DATE: May 12, 1993 SUBJECT: 64,20 _ g422 Stariite Circle On May 5, 1993, I performed a field inspection of the above referenced property to verify potential drainage problems relative to this site and the neighboring property to the south. it appears that the rear lots of 6420 - 6422 drain to the neighboring property and pond on the back of this lot. With minimat grading, the drainage from this area could be routed to the street via a small grassed swale. If you have any questions regarding this information, {et me know. SE:cz 2KK � � C.171(OF tR(DLEY SYLVBSTBR S. MACIEJ 6400 Starlite Circle Fridley, MN 55432 May 12, 1993 Barbara Dacy City of Fridley Fridley Municipal Center 6431 University Ave. N.E. Fridley, MN 55432 Dear Barbara: In regards to the consideration of variance request, VAR #93-09, by the City o�f Fridley, I am strongly for following the Fridley Zoning Code � keeping the setback between the living area and the �ide lot line at 1� feet on Lot 3A, Block 1; Lot 3B, Block 1; Lot 4B, Block 1; and Lot 4A, Block l, Doty/Wellner Additions. After all, why set specific city building codes if not everyone has to abide by them? I am not able to attend the May 18, 1993, Public Hearing due ta previous commitments, but I hope that this letter stating my vote on the consideration will be heard. Should you need to contact me for any reason regarding this variance request, my phone number is 572-0686. Sincerely, Sylvester S. Maciej 6400 Starlite Circle Fridley, MN 55432 � "� �I c ,,t y,...t, � ..�:� `��_, h G�Z�^%� 2LL r �, � J Community Development Department PLarnv�NG DrviSION City of Fridley DATE: June 16, 1993 , TO: William Burns, City Manager�:�'' FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #93-10, by Michael and Jennifer Milligan; 392 - 66th Avenue N.E. The Appeals Commission voted unanimously to recommend approval of the variance to reduce the side yard setback from 25 feet to 17.5 feet. The petitioner's original request was to reduce the side yard setback on a corner lot from 25 feet to 10 feet. The Appeals Commission recommended the following stipulations as a condition of approval: - 1. Replace the existing driveway curb cut with B618 concrete curb and gutter. 2. Remove the existing driveway. 3. � The existing garage shall be converted to living area within 60 days of completion of the accessory structure. -`Install a hardsurface driveway for the new garage by July 1, 1994. Staff recommended denial of the request as originally proposed, as the petitioners have adequate room on the site to meet the code requirement, and the request was greater than the extent of any previously-granted variance. Staff recommends that the City Council concur with the Appeals Commission recommendatian. MM/dn M-93-350 REQUEST Permit Number Applicant Proposed Request �ocation SITE DATA Size Densii�r Present Zoning Present Land Use(s} Adjacent Zoning Adjacent tand Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial I mplication s Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmenta! Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author �;y� STAFF REPORT Community Development Department Appeals Commission Date Jur�e 1, 1993 Planning Commission Date City Council Date : June 2 l, 1993 � #93-10 Micha�el & Jenni.fer Nlilligan 7.b reduoe the sic3�e c�orner setback for an acoessory structure from 25 feet to 10 feet 392 - 66th Avenue N.E. 11,250 sq. ft. (75 x 150) 1�1, Single Family Dwelling Residential �-1, Single Fami.ly Dwelling, on all sides l�sic�ential caz all sides Rice Creek Denial Modified approval 3A VAR #93-10 Michael Milligan ; N �/2 SEC. /4, T. 30, R. C/TY OF FR/OL£Y � ; 1C31� �� + 5 N% l�aii snaaa`q a.w! /B /iv/ f et'� -_., n � �� ___—� Sr� 12 ------_ _ -�1 LOCATtON MAP s � VAR ��93-]0 � Michael Milligan 3c ZONiNG AAAP Staff Report VAR #93-10, 392 - 66th Avenue N.E., Michael & Jennifer Milligan Page 1 A. STATED HARDSHIP: "Would like to build a three-stall garage without using the whole back yard.° B. ADMINISTRATIVE STAFF REVIEW: Request The petitioners a reduce the side facing the street Lot l, Block 3, being 392 -66th A Site re requesting that corner setback fo from 25 feet to 10 Rice Creek Terrace venue N.E. a variance be granted to accessory structure The request is for Addition, the same r an feet. 2nd Located on the property is a single family dwelling with an attached single car garage. The driveway currently accesses 66th Avenue N.E. The property is zoned R-1, Single Family Dwelling, as are all surrounding properties. Analysis Section 205.07.03.D.(2j.(c).((3)) requires that any attached or unattached accessory building which opens on the side street shall be at least 25 feet from the property line of a side street. Public Purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also the aesthetic consideration of the neighborhood to reduce the building "line of sight" encroachment into the neighbor's front yard. The petitioners are proposing to convert the existing single car garage into living area and construct a 26 ft. by 36 ft. detached accessory structure. The accessory structure will have access from 7th Street. The petitioners are requesting that the setback to the property line be reduced from 25 feet to 10 feet to minimize the impact to the rear yard. The property is 75 feet wide. If the 25 foot setback is maintained, the remaining rear yard is 24 feet. The petitioners could relocate the structure to maintain a 17 1/2 foot setback which would allow them to have a 31.5 foot wide rear yard. Granting the variance to 10 feet does not provide adequate room to park a vehicle in the driveway without encroaching into the public right of way. _ � Staff Report VAR #93-10, 392 - 66th Avenue N.E., Michael & Jennifer Milligan Page 2 The variance as requested would not adversely impact the adjacent properties as the property to the south has an accessory structure in the northeast corner of the property facing 7th Street which does not meet the setback requirement. A variance was granted in 1966 to allow the placement of the accessory structure, however, the minutes did not reveai the extent of the variance. The structure is 10 feet from the property line. The dwelling to the south faces Mississippi Street. Appeals Commission Recommendation Staff recommends that the Appeals Commission deny the variance request as proposed by the petitioner. There is adequate room on site to meet the setback requirement or, at a minimum, provide for a 17 1/2 foot setback. In addition, the request exceeds the extent of a similar variance granted previously (15 feet). If the Commission chooses to recommend approval of the variance request, staff recommends the following stipulations: 1. 2. � Replace the existing driveway curb cut with B618 concrete curb and gutter. Remove the existing driveway. Convert the existing garage prior to issuance of a permit of the detached accessory structure. _ 4. Install a hardsurface driveway for the new garage by July 1, 1994. � Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the variance to reduce the side yard setback from 25 feet to 17.5 feet. The Commission amended stipulation #3 as follows: 3. The existing garage area within 60 days structure. City Council Recommendation shall be converted to living of completion of the accessory Staff recommends that the City Council concur with the Appeals Commission action. 3E � � h� � �� ; � - �_ �� ..._� i� ' _ � � ' � � � ` ' � I 1 � ' , �;, � , �O � � �xT � � � � � d � I � T t � i ' i i ! ; � i. ; t ; � �-------- — a ,- � (.�,; � , � i � i ! VAR 4693-10 Michael Milligan � �_. __ . , ' _ .._ T . . . � . �.. 1 I � � I m- i.:. .� � i s �� . � �� ) � �l •I , . I� 'KoPosEO Go,vcRc-"rF pKrvF�✓�1y I ( /9�vD c�l4[K I —Cx�sr��u� NEO�E � � ,-- ---------- -- ! � � � � i � �. , �-----� �-� �' I � I � � �I I E 1s77�vlr /lU�JSE I � � � I � I � � — — — — — — — — — — — — ! � � Cx� ST�n�G- � - � �ExISTfNlr Z�avNZH/qNCs ---- ' I ; j� � . . ., I� � . � Exl sT/M'r �KlllEhJ '� "1 I i � �TO 6E REMOVE� ��' f �li�i � i��sr�cE �9Z �� ' �u� itJ� F2ioc.c y, �,v � SCALE- �'/��`' _ /' 3-Z7- 93 G�'''''`�i�vC i(JC . 1' ., � � � t � i i - � 3F SITE PLAN �. . ...j„ . CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT ' � VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submi ; see attached Address: � lQ l�'� � � � 1Y � �� Property Identification Number (PIN) �+� - 3 U-a� �' (��(� Legal description: Lot 1 L lo�k 3 TracdAtldi+�or. �%� C'��'c..T'U�.c�— 2"O�/i � Current zoning: Square footage/acreage 7'��' X �SC� T)!a� � Reason for variance and hardship: _1�o�L l�� -�t� .bl,uQL�, C�, 3� o w(Su �- � � Section of Cit Code- Y ave you operated a b iness in a city which required a business license? Yes No � If yes, which city? , If yes, what type of business? ° Was that license ever denied or revoked? Yes No ' FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee ADDRESS `�IZ �0� must sign this form pri.or to nn __ . � 'i. � i�r/U'ir,rn��1�'��1i�`r� — � . . _ a I.�:��!�� SIGNA NAME ' � ADDRESS SIGNATURE L -(Lli1 Ia�ATE Fee: $100.00' �$ 60.00 t// fo res den� `�m,��es � Permit VAR #-��_ � Receipt # � � �� 'T Application received by: - - Scheduled Appeals Coaunission date: —-- 3� Scheduled City Council date: � � `3C r � � I Community Development Department PLA►��TNING DIVISION City of Fridley DATE: June 16, 1993 �. TO: William Burns, City Manager ��' FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #93-11, by A1 Abraham of Top Tool; 7615 Baker Street N.E. The Appeals Commission voted unanimously to recommend approval of the request to the City Council with one stipulation: 1. The petitioner shall provide a landscape plan which provides screening for the parking lot along Baker Street N.E. prior to the issuance of a building permit. Screenirtg shall be provided by either a three foot berm, hedge, or combination thereof. Staff recoYamends that the City Council concur with the Appeals Commission recommendation. MM/dn M-93-351 REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Dens'�ty Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial I m plications Conformance to the Comprehensive Plan Compatibility with Adjacent Zo�ing and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author �;� STAFF REPORT Community Development Department Appeals Commission Date Jime 1, 1993 Planning Commission Date City Council Date : June 21 , 1993 VAR #93-11 Al Abraham, 'I+op Tool To reduce the front yard setback frccn 100 feet to 90 feet 7615 Baker Street N. E. 36,800 sq. ft. N�1, Lic�t Industrial Industrial.- manufacturing I�1, Light Industrial, to the N, S, & E; 1�1, Single Family Dwelling, to the W Industrial, residential Six Cities Approval VAR ��93-1 1 A1 Abraham lUN 1VU1 3� ZONING MAP Staff Report VAR #93-11, 7615 Baker street N.E., Top Tool Company Page 1 . A. STATED HARDSHIP: None stated. B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting that a variance be granted to reduce the front yard setback from a right-of-way adjacent to a residential district from 100 feet to 90 feet. The request is for Lot 7, Block 1, Nagel's Woodlands, the same being 7615 Baker Street N.E. Site Located on the property is a single story masonry buildir►g. The property is zoned M-1, Light Industrial, as are the properties to the north, east, and south. The property to the west is zoned R-1, Single Family Dwelling, and R-2, Two- Family Dwelling. Analysis 8ection 205.17.03.D.(4).(a) requires a setback of 100 feet from any street right-of-way abutting a residential district. Public purpose served by this requirement is avoid congestion in the public street, safety hazards and other dangers, and to protect and conserve the character of the adjoining neighborhoods. The petitioner is proposing to construct a 10 ft. by 17 ft. addition to the front of the building. The addition is to be used as an entry vestibule to improve the climactic conditions of the office space inside the building. Currently, offices adjacent to the existing entry are difficult to heat in the winter due to their exposure to the northwest winds. The petitioner is proposing to improve the energy-efficiency of the entry area. In addition, the petitioner is proposing to add additional parking at the front of the building increasing the number of spaces provided from four to eight. The variance as proposed does not adversely impact the adjacent properties. The addition will not encroach into the adjacent properties' lines of sight. Adequate green area will be maintained in the front yard after the parking and building expansion. The petitioner should provide landscaping to screen the parking area from the public right-of-way. - 3K Staff Report VAR #93-i1, 7615 Baker street N.E., Top TooZ Company Page 2 Agpeals Commission Recommendation Should the Appeals Commission recommend approval of the request, staff recommends one stipulation as a condition of approval: 1. The petitioner shall provide a landscape plan which provides screening for the parking lot along Baker Street prior to issuance of a building permit. Screening shall be provided by either a three foot berm, hedge, or combination. Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the stipulation recommended by staff. • City Council Recommendation Staff recommends that the City Council concur with the Appeals Commission action. 3L � V � c W � h V i 2 v t d S 1� J 'I . VAR ��93-71: A1 Abraham � Top C ° � A � , t � ; < � � v i 0 o � m � o W � c�n c� � � ; � o � ' � V � — � Z � n o � � � � � V `9 ,QS � 0 � �+yiy ��.sJ � 4 1 v � ' _ O I YL 6rr . � � � o 1 2 � � � � 1 J I c � Z � � � c ia � 7 � � �J 1 � 1 � �t7 V�C �� , _ _-_.- -�.0'O --- �T�'T" 3M Z Q J n- : � o � � � �I � I �I S1TE PLAN �j . i ITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 � 'i� 1 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: _ 761 5 BakPr .� N. E, ri dl c��. MN 554�� Property Identification Number (PIN) � Legal description: Nagels Woodlands, Lot 7, Block 1 Lot 1� � � -Current zoning: Block M 1 Reason for variance and hardship: Tract/Addition Square footage/acreage 3 6, 8 0 0 f t 2 A� rp ox . �e-f f3�cK V'�cv'ra��e Section of City Code: � cC ) Have you opera�d a business in a city which required a business license? <�'�l'a-� � Yes �' No� X If '� � `�� y yes, which city . If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME TOP TOOL COMPANY ADDRESS �615 Baker St. , N. E. , Fridley, MN 55432 ' DAYTIMEPHONE 786-0030 SIGNATURE DATE �S ` � V .� . a NAME Alden A. Abraham ADDRESS �615 Baker St., N.E. Fridlev. MN 554�2 SIGNA DAYTIME PHONE �� DATE l� C/ � --� Fee: $100.00 �_ $ 60.00 for residential properties Permit VAR # 1:�.�/ Receipt # / S�/ Application received by: � Scheduled Appeals Commission date: - / - � Scheduled City Council date: 3N CITY OF FRIDLEY PLANNING COMMI88ION MEETING, MAY 26, 1993 ��_��_�_��____��___�_��_�_��_��__��__��__��__��_ CALL TO ORDERz Chairperson Newman called the May 26, 1993 meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Newman, Dean Saba, Diane Savage, Brad Sielaff, Connie Modig, LeRoy Oquist, Dave Kondrick Members Absent: None Others Present: Barbara Dacy, Community Development Director APPROVAL OF MAY 12. 1993 PLANNING COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Ms. Modig, to approve the May 12, 1993 Planning Commission minutes as written. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP �93-07, BY ANIMAL MEDICAL CLINIC: Per Section 205.14.O1.C.(10) of the Fridley City Code, to allow veterinary clinics conducting vaccinations on Lots 1, 2, 28, and 29, Block 2, Commerce Park, generally located at 250 Osborne Road N.E. Ms. Dacy advised the Commission that the petitioner had submitted a letter requesting that the item be tabled until the last quarter of 1993. Ms. Dacy distributed the letter dated May 25, 1993. MOTION by Mr. Kondrick, seconded by Ms. Savage, to table the special use permit as requested by the petitioner. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. 2. RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING OF APRIL 20, 1,993 MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the April 20, 1993 Environmental Quality and Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. ; 3. COMPREHENSIVE PLAN DISCUSSION Ms. Dacy suggested that as a result of the meeting with the City � PLANNING COMMISSION MEETING, MAY 26, 1993 PAGE 2 Council, the Commission could invite and interview colleagues from other cities who have recently completed planning processes. Anoka, Blaine, Columbia Heights, Richfield, and Roseville could be potential models. Ms. Dacy stated that the City Manager advised that the Commission should not get bogged down into some of the operation details of various City functions and instead pursue its purpose as dictated by State Statutes which is to provide advice to the City Council about comprehensive planning. Ms. Daay stated that through the interview process with other communities, the Commission could recommend to the City Council the following: A. B. C. What is the best process to update the Comprehensive Plan? What model should be used? Should it be a neighborhood- based model or a broader community-wide focus or another model? How should the City do it? Based on what other cities are doing, should we hire a consultant or should it be done in-house? Chairperson Newman suggested that the staff should develop a process to review and update the Comprehensive Plan based on Ms. Dacy's memo dated May 21, 1993. The Commission would review that at its next meeting on June 9, 1993 and then the Commission could make a recommendation for the City Council to consider. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to direct �staff to develop a process to review and update the Comprehensive Plan based on the staff inemo dated May 21, 1993. UPON-A-VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Ms. Savage, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the May 26, 1993 Planning Commission meeting adjourned at 8:10 p.m. Re�fec�tfully submitted, Barbara Dacy Recording Se � '. CITY OF FRIDLEY PLANNING COMMISSION MEETING, JDNE 9, 1993 CALL TO ORDER• Vice-Chairperson Kondrick called the June 9, 1993, Planning Commission meeting to order at 7:33 p.m. ROLL CALL• Members Present: Dave Kondrick, Diane Savage, Brad Sielaff, LeRoy Oquist Members Absent: Dave Newman, Dean Saba, Connie Modig Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Timothy Michalak, Sam's Auto Buying Program APPROVAL OF MAY 26 1993 PLANNING COMMISSION MEETING MINUTES: OM TION by Mr. Oquist, seconded by Ms. Savage, to approve the May 26, 1993, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYB, VICE-CHAIRPERSON KONDRICK DECLARED T$E MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING• SPECIAL USE PERMIT SP #93-08, BY SAM'S AUTO BUYING PROGRAM: Per Section 205.15.01.C.(2) of the Fridley City Code, to allow automobile agencies selling or displaying new and/or used motor vehicles located on the South 33 feet of the North 425.23 feet of the South 877.87 feet of all that part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24, Anoka County, minnesota, lying Westerly of State Trunk Highway 47, excepting the Easterly 600 feet thereof, and that Judicial Landmarks have been placed pursuant to Torrens Case #T-1944 at the Northeast corner, the Northwest corner, the Southwest corner, and the Southeast corner of the North 425.23 feet of the South 877.87 feet of all that part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24, Anoka County, Minnesota, lying Westerly of State Trunk Highway 47, an Lot 1, Block 1, Vantage Companies Addition, Anoka County, Minnesota. This property is generally located at 8150 University Avenue N.E. MOTION by Ms. Savage, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. 5 PLANNINQ COMMISSION MEETINQ, JUNE 9, 1993 PAGB 2 IIPON A VOICE VOTE� ALL VOTING AY$, VIC�-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING OPEN AT 7:35 P.M. Ms. McPherson stated the petition is to review and issue a Special Use Permit for automobile sales at Sam's Club. The Special Use Permit has been requested to include the sale of cars, trucks, RV's, boats, campers, or other items generally purchased from an open sales lot. Ms. McPherson stated the subject parcel is located at the inter- section of 81st and University Avenues. The property is zoned C- 3, General Shopping Center District. There is M-2, Heavy Industrial, zoning to the west, north and south. There is also M-1, Light Industrial, zoning to the south. Ms. McPherson stated the petitioner for this request is Sam's Auto Buying Program, which is a separate subsidiary of the Wal- Mart Corporation. They are affiliated with Sam's Wholesale Club, but they are a separate corporate entity. Sam�s Auto Buying Program works with area dealers in order to provide specific automobile prices which are exclusive to the Sam's Club members. In addition to their typical mailings, they also have sales such as this which are related to the member automobile dealers that are involved in the Sam's Auto Buying Program. These sales may include cars, trucks, RV's, boats, campers, etc. at various Sam's Club locations. Typically, they occur two times per year at each location for approximately three days for each sale. Ms. McPherson stated that for this particular location, the automobiles are proposed to be located at the southeast corner of the site. The cars are proposed to be displayed in the typical parking areas of the site and the traffic on site will be re- routed to accommodate the typical traffic seen on the day of the sale. The petitioner is also proposing to erect a tent for the sale of food and also will also be having portable toilets. The petitioner is proposing to have 24-hour security and will also provide a traffic control person for on-site traffic control. The petitioner has contacted Anoka County who is responsible for health inspections in conjunction with the sale of food on the site. They are working with the County Health Department to acquire the appropriate permit and inspections. Ms. McPherson stated that staff recommendations that the Planning Commission recommend approval of the request with six stipulations: 1. The auto sales will occur no more than two times per year for no more than three days per occurrence. � PLANNING COMMISSION MEETIN�. JIINE 9. 1993 PAQE 3 2. The use of streamers, pennants, and flags is prohibited. 3. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property. 4. The petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code. 5. The petitioner shall insure that handicap accessible bathrooms in the building are available. 6. The petitioner shall provide a traffic manage�ent person to properly control traffic on site and to prevent problems occurring on 81st Avenue and the frontage road. Mr. Kondrick asked staff to explain stipulation #4. Ms. McPherson stated this stipulation basically requires that the tent be flame retardant, there be fire extinguishers within so many feet of the tent, no flammable materials are on site. Those type of precautionary measures would be covered. Mr. Oquist asked what the temporary building permit was for. Ms. McPherson stated this allows for the erection of the tent. Mr. Sielaff asked if the site plan is enforceable in that the auto display is limited to the stated boundaries. Ms. McPherson stated the petitioner proposed the plan. The City would require them to display to cars as shown in their plan. If the Special Use Permit is approved, this is where the City would require the cars to be displayed. Mr. Michalak stated they do this sale in 44 states. There are a couple of states where they cannot. One has been held in St. Cloud. The only question he has in the streamers. They separate the lot by running streamers between stanchions to barricade off that area so people know not to drive there. They will not take up too much of the parking lot because the Sam's owner will not allow this. They must maintain areas for parking. The most cars that will be seen in that area is about 270 cars. The dealers bring in a majority of their new cars. Ms. McPherson stated that he walked the lot with the Sam's manager, and showed him exactly what he could do with displaying the cars. He knows how many cars he has there on Saturday and how full the lot gets. The heaviest traffic at Sam's is at Christmas and this sale will not approach the traffic seen at Christmastime. Mr. Sielaff asked Mr. Michalak if he felt they could handle parking for the regular business customers plus the cars : PLANNING COMMISSION MEETING, JUNE 9, 1993 PAGB 4 displayed for sale. Mr. Michalak stated yes. They would not be allowed to do this if they could not accommodate the parking for regular members. For the dealers, this is direct advertising for private members. Mr. Kondrick asked how many total parking spaces were on site. Ms. McPherson stated it appears there are 590 parking spaces. Mr. Michalak stated he talked with the fire marshall who stated there was not problem. Regarding Article 32, the concern is that they are going to hava grilled food in that area and the grills cannot be pulled under the tent. Ms. McPherson stated, regarding parking, based on the site plan submitted, there are 194 parking spaces striped in the proposed area. Assuming that the cars would be parked more closely than the striping, more cars can be accommodated. Mr. Michalak stated during a tent sale the cars are generally parked more closely than on a regular parkinq lot. The cars are there for display. That area is entirely roped off so no one can drive into that area. There will not be any traffic there. Mr. Kondrick asked if staff had any problem with cordoning off the area with streamers. Ms. Dacy stated staff does not want them to be used in advertising, but traffic control is appropriate. Mr. Michalak stated part of what they try to do is create a carnival-type atmosphere. They have tent, there will probably be a temporary sign, balloons, etc. Mr. Kondrick asked how many cars are typically sold as a function such as this. Mr. Michalak stated between 70 and 150 cars are sold. Mr. Sielaff asked, taking into account the tent space and the lanes need, this will then be a large enough area. Mr. Michalak stated he believed so. The cars that are sold on Thursday are replaced with dealership stock that night so there is constant replenishment. Not all of the dealers' cars will be there, but most of the cars. Ms. Savage asked if Mr. Michalak, when he mentioned balloons, was talking about big balloons. � 5C PLANNING COMMISSION MEBTING� JUNS 9, 1993 PAQE 5 Mr. Michalak stated the balloon is now displayed at Thomas Toyota in Coon Rapids. This is a"clown" balloon which is approximately two stories tall. They are applying for a temporary sign permit. Ms. McPherson stated this is allowed and regulated under the temporary sign ordinance. Ms. Dacy Commission feels the Commission Otherwise, ordinance. stated that as this is a Special Use Permit, the can regulate the sale of cars. If the Commission excessive use of signs is not appropriate, the can make that recommendation to the City Council. it would be regulated under the temporary sign Ms. Savage stated she does not like the display of the balloon. Mr. Michalak stated the balloon would be on display for three days per event. Mr. Oquist stated he agreed with Ms. Savage, but he did not have a problem with displaying the balloon for three days. Mr. Sielaff stated he did not have a problem if it was for three days. " Mr. Michalak stated, if this doesn't do anything for the sale, they would not use it again. There is a cost involved for the dealer. Ms. Dacy stated the City has height requirements on signs including the maximum size for a freestanding sign. The City has permitted balloons in the past. She would recommend a stipulation be added for staff to review this particular model of balloon prior to display so they can evaluate it. Mr. Michalak stated this is the dealers idea. This would have to be a separate issue with the dealer. He would hope the City would approve it because it does attract attention. Ms. Dacy stated the Special Use Permit is for the activity on this particular property. Since the balloon is a part of this activity, the City does have a basis for control. She is asking that there be some type of staff review of the size, where it is anchored, how tall it is, etc. Allowing the balloon also sets a precedent for other requests. Mr. Sielaff stated his concern is that someone will come in and start pushing the time to six days or two weeks and he is concerned about setting a precedent. 5D PLANNING COMMISSION MEETING, JUNL 9, 1993 PAGE 6 Ms. Savage stated she agreed and thought staff's request to review was reasonable. Mr. Oquist suggested adding to Stipulation #3 a statement that says ". .. including staff review of the two-story balloon. .." Mr. Oquist stated the petitioner's request includes a number of types of vehicles and asked if this sale would include only cars or other vehicles as well. Mr. Michalak stated, at this particular time, he expects only cars but some dealers also have RV's. The reason he has requested the other vehicles in the permit is in the case that they change what they display in the future. By doing this, they would not have to come back to the Commission to do what we have done before. Mr. Sielaff stated Stipulation #1 states auto sales will occur. He suggested changing the wording to vehicle sales. MOTION by Mr. Oquist, seconded by Ms. Savage, to close the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE� VICB-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:58 P.M. Mr. Kondrick asked if staff had received any complaints from neighbors. Ms. McPherson stated she has not received any calls regarding this request. MOTION by Mr. Oquist, seconded.by Mr. Sielaff, to recommend approval of Special Use Permit, SP #93-08, by Sam's Auto Buying Program, to allow the selling or displaying of new and/or used motor vehicles with the following stipulations: 1. The vehicle sales will occur no more than two times per year for no more than three days per occurrence. 2. The use of streamers, pennants, and flags is prohibited. 3. The petitioner shall comply with the temporary sign ordinance, including staff review of a two-story balloon sign and its location, for all temporary signs on the property. 4. The petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code.� 5E PLANNINQ COMMI88ION ME$TINQ, JIINB 9. 1993 PAGB 7 5. The petitioner shall insure that handicap accessible bathrooms in the building are available. 6. The petitioner sha11 provide a traffic management person to properly control traffic on site and to prevent problems occurring on 81st Avenue and the frontage road. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPBRSON 1CONDRICR DECLARED THE MOTION CARRIED IINANIMOII8LY. Ms. McPherson stated this request will go beFore the City Council on June 21. 2. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF MAY 3, 1993 MOTION by Mr. Kondrick, seconded by Ms. Savage, to receive the May 3, 1993, Parks & Recreation Commission meeting minutes. IIPON A VOICE VOTE, ALL VOTING AYB, VICE-CHAIRPBRSON RONDRICK DECLARED THE MOTION CARRIED IINANIMOIISLY. 3. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF MAY 6, 1993 MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive the May 6, 1993, Human Resources Commission meeting minutes. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 18, 1993 MOTION by Ms. Savage, seconded by Mr. 3ielaff, to receive the May 18, 1993, Appeals Con�mission meeting minutes. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. RECEIVE THE MINUTES OF THE HOUSING & REDEVELAPMENT AUTHORITY MEETING OF MAY 20, 1993 MOTION by Mr. Sielaff, seconded by Mr. Oquist, to receive the May 20, 1993, Housing & Redevelopment Authority meeting minutes. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPLRSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOQSLY. 5F PLANNING COMMISSION MEETINQ, JUNE 9. 1993 PAGE 8 6. COMPREHENSIVE PLAN DISCUSSION Ms. Dacy stated she is suggesting the Commission invite representatives from similar communities that have completed some type of planning process either to their Comprehensive Plan or through a goal setting process for their community. Then, have a panel discussion with the Planning Commission and City Council. The problem is that after contacting the communities Wednesday, July 7, conflicts with a number of Planning Commission meetings. Thursday seems to be more appropriate and would avoid some of other communities meetings. She suggested scheduling a meeting for Thursday, July 15, from 7:00 to 9:00 p.m. So far, Blaine would be able to come and would represent the neighborhood-based model. Anoka is willing to come. They are trying to get a Planning commissioner to come. So�e of these commissioners work in Fridley. Richfield and Roseville will get back to Ms. Dacy. Mr. Kondrick asked what they could learn fro� Blaine and Anoka. Ms. Dacy stated Anoka has similar demographics and experience with the same issues - age of the housing stock, age of population, etc. Mr. Oquist asked if they had done some planning and/or goal setting. Ms. Dacy stated yes, they have a type of "plan-as-you-go" model. They have a similar staff situation as Fridley. Blaine is a second ring suburb and may be less similar, but they clid a detailed neighborhood approach. They went through the City neighborhood by neighborhood. They have completed the planning process and are now instituting. Richfield is also comparable and they are aggressive in housing issues specifically which is their-forte. They went through a Vision 2004 process. Roseville called their process the Task Force 2000 but she did not know where they were. Ms. Dacy asked if the date of Thursday, July 15, was acceptable. The consensus was to move forward to schedule a meeting for July 15 from 7:00 to 9:00 p.m. Mr. Sielaff asked how the meeting should be set up. Ms. Dacy stated she tald them she would fax them three questions -1) Each speaker would review the planning process, 2) discuss the model used- pros and cons, and 3) whether or not they used a consultant. The rest will be questions and answers. ADJOURNMENT MOTION by Mr. Oquist, seconded by Mr. Sielaff, to adjourn the meeting. 5G PLANNING COMMISSION MEETING. JIINE 9, 1993 PAG$ 9 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON DECLARED THE MOTION CARRIED AND THE JUNE 9, 1993, PLANNING COMMISSION MEETING ADJOURNED AT 8:10 P.M. Respectfully submitted, � �o� Lavonn Cooper Recording Secretary 5H � C% Community Development Department l � PLANNING DIVISION City of Fridley DATE: June 16, 1993 TO: William Burns, City Manager� �� • FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #93-08, by Sam's Auto Buying Program; 8150 University Avenue N.E. The Planning Commission voted unanimously to recommend approval of the request to allow automotive sales at Sam's Club to the City Council with the following stipulations: 1. The vehicle sales will occur no more than two times per year for no more than three days per occurrence. 2. The use of streamers, pennants, and flags is prohibited. 3. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property, including staff review of the two story balloon and its location. 4. The petitioner shall obtain a temporary building permit and -�hall comply with Article 32 of the Uniform Fire Code. 5. The petitioner shall insure that handicap accessible bathrooms in the building are available. 6. The petitioner shall provide a traffic management person to properly control traffic on site and to prevent problems occurring on 81st Avenue and the frontage road. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-93-352 51 ,� REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density • Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial 1 mptications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environme�tal Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author �t/dn S T�iFF REP�RT Community Development Department Appeats Commission Date Planning Commission Date: June 9, 1993 City Council Date : June 21, 1993 SP ��93-08 Sam's Auto Buying Program To permit automotive tent sales. 8150 University Avenue N.E. 22 acres C-3, General Shopping Wholesale retail M-2, Heavy Industrial to the west, north, and south; M-1, Light Industrial to the south. Industrial, retail N/A Six Cities Approval with stipulations Approval with stipulations 5J SE 4�93-08 Sa�i's Auto Buying Program � \ ', \ 21 . ,... �,,>; � ' • �� "' � \ ORPORATE LIMITS OF SEC 2 � i . i` "��f / \ � ' . . N' ; ��.` .w...... - . i. _..�� _ '•'.,, . . . , �. � . < �• :.; y . ' // a .. � = , .. „ �,' , ' �..: �� • , o = (y r�-� � lMl Iv rw fU �a� 'a� `<v 'fu '�•�� ,�= Cs� tu !�� i�sc �, o ., - . _ .. -. . ... u�.:d'i�� . i,, �C}, �7 .sV.. ( i :� 1 f 7 �/C /.� (r Iw l v i'r�r 2f i � 2t fbJ� Cs+� Z � �. n`O�� ' V ,. . `04�>' :�=�� MAPLE ST. N.E. �i,d`� w . .. � ., . .. „ ., ., ..,.. �� . , � . : /;� /1 ii � io 9 � W bn d . � � � 4 3 �:' i ` �° � �' N�� /n) !�D �n) ��n) AO M) h+) pr) �v) _ ,,r„ .. . , �. .., - �'" -- "s.: . 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'��e `ti '� � `2 '� ,,.:.:v : y �' �� .G�ao .. ,... . �� A�� s,ep :s t, i OuT `yT 13 � � ¢ e f�� .,. • '(«)e NYr�h �C„ �x a �", :��R$ . �i� � � � � �i "�►y : ,��' }-c��.• . , (D+ t�� J :i� (/��. l2 ,,... � � :-'�.rt � i u �' �(i�): ' n' I � a, ��(7N �;�:t�� '�S; a� � ... . � � .., ea i�. � iM r i /NJ�, i��c�`:.Y �(sq.4 •CsN � , ' � � ° •e� � `Lf�)e ��; '! ez�w>`n .!•)' . r ]7 �� 9 �' .i �Aiti 7• l . � � � �x1 . ,� g�r.i•1: �,•�'~Cs1lrl��ii' `•�~�t;~sWa` �Cat, I : a :zso) i � ,tw '^ i '�� 'NJ' �---n�-- ,. R K • � .., t . � . �.,nr: �� ; � OUTIOT 12 ' [^ ,( � il Cc�) (•'I c [� � � � n' (.� M "� _ \._bUi „� � ' .! � _ �, • : e _.. .... .. . •. .`' � . t s � � aQ�I „N7J� _.. � '," �.,.,.�.«.., i �p �i�'��,�� o . �.. ,r(s) 4,1a� ` C��' °}�( J VANTAGE c$'� �, � ° - " ' ,� �� F,r ,�, ?: N ,: `, <%'� ° ~ "' a, � � } . � �t � Q, + "` " .� `� �`� ws.� � COMPAN/ES �, F. �� t�, :b•: -�.'.. t, `.�'`:`. I e { i h _ _ �(c� I � ( . � " ``.... ��' (N) j. � yW . � � ��) � � 1- !rJ {I M� "-~ c \. �..._ .. ... . �='� � ; Sr.' ADD. a: W �' i, ry � (•zno) `� i� +3^�.i.'0,' ,'��.� (wJ�l�)1 CAp (O : r«w I. � � � : + ` " i ` �`i. s z � f� � N� y�.� I y wAC� 1 sitl MO ' JR 4� �: �vI � . '" 1�.� _ ___ � ' T_1_1 r � —J� � T~ - � �O' �—\ .1 '_' � ('r_1 . � ._._ . Fl 5K LOCATlON MAP Staff Report - SP #93-08, by Sam's Auto Buying Program Page 2 Reauest The petitioner requests that a special use permit be issued to allow the sale of cars, trucks, RV's, boats, and campers. The request is for Sam's Club located at 8150 University Avenue N.E. Site The property is located in the northwest corner of the intersection of 81st and University Avenues. The property is zoned C-3, General Shopping Center district. There is M-2, Heavy Industrial zoning to the north, west, and south. There is also M-1, Light Industrial zoning to the south of the subject property. Located on the property is Sam's Wholesale Club. Analysis The petitioner is Sam's Auto Buying Program, which is a separate subsidiary of the Wal-Mart Corporation and is related to the Sam's Wholesale Club. Sam's Auto Buying Program works with area dealers to provide specific automobile prices for members of Sam's Club. In conjunction with the typical membership sales promotions, the auto buying program displays cars, trucks, RV's, boats, campers, etc. at specific Sam's Clubs two times per year three days per sale. The automobiles are proposed to be located in the southeast corner of the site. The area for the vehicle display is proposed to be blocked off and traffic re-routed within the site. A tent will also be erected for the sale of food and the location of portable toilets. The petitioner is proposing to have 24 hour security and will also provide a traffic control person. The petitivner has contacted the Anoka County Health Department to acquire the appropriate food permits and inspections. Recommendation Staff recommends that the Planning Commission recommend approval of the special use permit request with the following stipulations: 1. The vehicle sales will occur no more than two times per year for no more than three days per occurrence. 2. The use of streamers, pennants, and flags is prohibited. 3. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property. 5M Staff Report SP #93-08, by Sam's Auto Buying Program Page 3 4. The petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code. 5. The petitioner shall insure that handicap accessible bathrooms in the building are available. 6. The petitioner shall provide a traffic management person to properly control traffic on site and to prevent problems occurring on 81st Avenue and the frontage road. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission voted to amend stipulation #3: 3. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property, including staff review of the two story balloon and its location. City Council Recommendation Staf€ recommends that the City Councii concur with the Planning Commission action. 5N SP 4�93-08 Sam's Auto Buying Program L4 .IVMHJIH NNf12LL 31V1S ,,,,,,,, ,,,,,,,,,, 3f1N3AV �1115?J3AINf1 i — — — — — — — — � _ �� = �a.aw 3ARI0 3�IA2OS LS3M w.�.. � � �.� — — — — — t- �3 — — — — — — —. � . • x: � --------_-� � - -- ` ��-C "' t p I � /i �;� ---- _ _ � �� `: :: �.w� ■� I �� .� :\ t� � �'• i i � I , \ ♦ � � � � O f� �� • �`�� \ � • . �^ I W �,� /% � � . I `�`�t�� ` � � / /; � �� :` � � i �� x`` � � .r � _ --� .� � � �Y `'�-- -=( ' "� ''' _--- -- ---- �, ;;.. ; _ ,.� I •; � - __-- _�.:�,. - :� i _; ,� �, ^ . �' �� . ------- -�,`, � r W ' I� � m�J�iiF�:� ,r � �' . 1 �� J � 1 ' �-� 1 � � U � ~ .� j � � 1 1 .. � � 1 1 7� � .�l • '� �1 1 S• 1 � � I�� ' a N ' _ �i i � (..L � ' i � ! a ._ � � ! � . .� i� i� i �x r: �U • �� L^ • _ � wl I � I� — �' � � ^ � � � � � � i ' r � � 1 ( _ ' � � � i � i i �� . � � � � I '� ' � I i �-. r-' 1 � � I � t L, � _ =� °-= = =-_� i _ I I I � C � I I ' f L._. � � J ' W U Q � . -� - - — - -sw4a� —� - — • ll�i.� �� - . 133tl1S � �� i �ee � py 8'n2 49 -aaa. �� .._.. ��:...... .f.� _ � tf � D �f��i ' �.� u� iii .j �" �: i ��. K) 5o SITE PLAN May 04, 1993 Michelle McFearson Planning Assistant City of Fridley 6431 University Avenue N.E. Fridley, NIl�T 55432 Dear Michelle, Offering Auto Buying and Service Benefits to SAM'S Club Members. SAM'S Auto Buying Program, in concert with Thomas Pontiac, Buick, GMC and Thomas Tc�yota, would like to have a Tent Sale on the SAM'S Club parking lot at 8150 University Avenue N.E., in July, 1993. This entails moving approximately 300 new and program vehicles on to the premises and putting up a tent. The even� will be advertised to SAM'S members primarily through a direct mail piece similar to the one attached. We have done these sales all over the United States for the past several years. We have had one in Minnesota as recently as April 21st-24th of this year at the St. Cloud SAM'S Club. It went off without a hitch due in large part to the pre-planning on the part of SAM'S Auto Buying Program, the local SAM'S.Club and the participating dealer. The cars will be placed in a corner of the lot and the area will be marked off to maintain even traffic flow. There will be someone there to direct traffic to make sure that no problem comes up. There will be 24 hour security for the vehzcles to make sure no problems arise during non-sale hours. Two Porta-potties will be on-site for the convenience of inembers. Fire extinguishers will also be provided. I have already con�actea the Ervironmental Services Division of Anoka County to secure a Food Permit. There will be hotdogs, hamburgers and pop available with all proceeds going to the Children's Miracle Network. The event will be on a Thursday, Friday and Saturday. SAM'S Auto Buying Program limits itself to a maximum of two Tent Sales per year per SAM'S Club. There is an occasion where the dealer sells more than just cars, vans and trucks. Theretore, I ask if this permit could be issued to include boats, trailers and RV's. We then would not have to reapply to add on a missing item in the future. 2 0 4 S o u t h M a i n S t r e e t, S u i t e C • B e n t o n v i 1 1 e, A r k a n s a s 7 2 7 1 2 1- 5 0 1- 2 7 3- 1 3 3 3 • 1- 8 0 0- 3 4 5- 5 9 5 4 • F A X: 1- 5 0 1- Z 7 3- 0 0 2 0 :'1� Please feel free to contact me with any comments or concerns. We are very anxious to observe all laws and ordinances pertaining to doing business in your community. Best Regards, � � �� - TIMOTHY C. MICHALAK Regional Manager P.S. If you believe it to be in our best interest that I attend the Planning Commission meeting of June 9th or the City Council meeting of June 21st, please let me know. Thank you. 5Q �-., -� ., � _ i , CITY OF FRIDLEY 6431 U1�TIVERSITY AVENUE N.E. FRIDLEY, MN 55432 ' ` ' (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT'�:� ` `�� ' SPECIAL USE PERMIT' APPLICATION FORiVI PROPERTY INFORMATjnN - site plan required for submittal;�see�ttached : Address: �iv� vEi�'/ t" G�ivc�' ' `,/.�. �. > . Property Idenrification Number (PIl� : _� �„3o,t t3 : �01 �3 � + e� � a Legal description: _ S'� �k� Lot . Bl��k ' l Tract/Addition � Nz.�; ��.r,�,�,.��f" i�P!Zt,c�r•� Current zoning: C-3 Square footageJacreage �� ec�e�S � Reason for special use permit: �rrbti,or,✓E � IF�vT �: S�o .' �` �'� ,..$ � Section of City Code: �� Have you operated a business in a ciry which required a business license? Yes No � If yes, which city? If yes, what type of business? _. _ _: _ : Was that license ever denied or revoked? Yes No � � _ -� , , . - ., ;, FEE OWNER INFORMATION (as it appears on ttie property title) �;_ ` (Contract Purchasers: Fee Owners must sign this forin prior to processing) NAME �,4/n,.S G'GL��j _ _ ADDRESS �/.S?> U�//�1E�S� �hJc �!/Er j.r?GE� �Sy DAYTIME PHONE 7S��S� . SIGNATURE d�J pATE r� 9 3 PETITIONER INFORMATION _ � NAME S�/.�/1/1 .�" .�I rr-�, � ,...< <.- � r.. e - - - Fee: $200•�4 %� $100.00 for residential2nd accessory buildings Permit SP # _ � � "0 Receipt # l S� $ Application received by: Scheduled Planning Commission date: � 3 -- Scheduled City Council date: , 5R f / Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Bums, City Manager �I` , ;d/ � FROM: John G. Flora,j Public Works Director DATE: June y 4, 1993 SUBJECT: TCAAP Resolutions PW93-209 In order to formalize the process for the construction of the Twin City Army Ammunition Plant (TCAAP) interconnect pipeline project, the Council should, by resolution, approve the advertisement of bids for interconnect pipeline as well as the 63rd Avenue Booster Station as outlined in the agreements between the City of New Brighton and Fridley. A resolution is attached ordering the advertisement of bids for the TCAAP Interconnect Pipeline Project No. 248. A separate resolution is attached ordering the advertisement of bids for the 63rd Avenue Booster Station, Project No. 250. Recommend the City Council approve the two resolutions which provides for the construction of the TCAAP interconnection line. Bids wili be opened on July 6, and we hope to obtain approval from the Army so that bids may be awarded at the July 19 Council meeting, to provide for an August start for the pipeline and booster station construction. JGF:cz - Attachment � / ' C171f OF FRtDLEY 1�OLV1'I�31�A. -1993 • �: • � •� � •,� �+• � � r •.� � :� �:�+ •,� � • •i� �� • 'J�151' � • ��• 51'.1 :15+ I:M • • : I�,: �+• � � �i'.��: I I:r •':ri � I' '.• :r� s! _ �i8, the City Cbuncil of the City of Fridley has agx�eed to receive excPSs water frartt the City of New Bxighton, and �S, the Depart�rnx�t of the Army will fund the improve�ent c�sts to ooiuiect the City of Fridley and New Brighton's water syst�m, arxi Wt�s, Maier Stewart arycl Associ.ates has prepared a plan shawitx� the interconnecting pipeline, and �S, the Departm�nt of the Army has approved this construction. Nt7W, ��, BE IT RE�OLVID, by the City �il of the City of Fridley, Anoka County, Minnesota, as follaas: 1. That the pipeline connec�ting the Cities of New Brighton aryd Fridley, and the wnrk irrvolved in said impravement st�all hereaftex be designatsd as: w. � � :�•.s�; i is • :� � i� • •,• s • 2. 'Ihe plans a�cl specifications prepared by Maier Stewart arid Associates for such i.�rav�ment ar�d each of them, pvzsuant to the �uncil action heretofore, are hereby apprdved and shall be filed with the City Clerk. 3. 'Ihe w�rk to be perfonnad ur�dex TQ�,�iP �T�* T� PAOJEGT 1�0. 248 be performad under one contract. The Public Works Direc.�tor shall aocordirigly prepare aryd cause to be �.nserted in the official n�wspaper advertisemer►t for bids upon the making of such i�ravements wzder such appraved plans and specifications. 73�e advertisement shall be published for tw� (2) weeks (at least 10 days), and shall specify the work t.Q__be done and will state that bids will be apetied at 10:00 a.m. on Tuesday, J'txly 6, 1993, in the Ca�uzcil Chambers of the City Hall, and that no bids wi.11 be considered unless sealed ar�d filed with the Public Works Direc.�tor and a�anied by a cash deposit, bid boryd, or certified cheak payable to the City of Fridley for five pexo�nt (5°s) of the �nt of such bid. That the advertisem�ent for bids for �Q,AP PIPELII�; PTiATDGT PA. 248 shall be substantially standard in form. � y�+� u � �• • a�� Y:1' •� 11 � • � r:r w • • � n r:� : r: ��• • . � WILLIAM A. C�iANIPA - CITY CIERK . ' WILLIAM J. NF� - MAYOR �OLUTIO�J 1�. -1993 •�a�.: • � .; • •�►;:�• � � i• •.. � :� �:� �.. � • • • �� • •J�,@I' � • � � :�i'J �i:n I:ri "�l• : U : 'I� • ' :�i 1 : : � � : Y:ri' _ V• •1 •,� :r • � �AS, the City C7o�ancil of the City of F�idley has agY�eed to reoeive exaess water froan the City of New Rrighton, and �i8, the Depart�nent of the Army wi.11 fund the impravemexit c�ossts to oo�nect the City of Fridley ar�d New Bric�ton's water system, arid �8, a new booster statio� is required to r�eceive ar�d distribute water to the various zones in the City, and �S, Maier SteRaart ar�d Associates has prepared a plan shvwing the 63�i Avenu� boostex station, and �S, the Departrnent of the AYa�y has approved tizis c�onstruction. Nl7W� �, B� IT I�OLVED, by the City cXx�cil of the City of Fridley, Anoka Co�nty, Mirmesota, as follaws: 1. 'Il�at the new booster station, ar�d the wr�rk itzvolved in said impravement shall hereafter be designated as: 63RD AVEN[)E B006"l.'ER 8'l�iTIO�T PZ�OJI�CJ.' 1�U. 250 2. 'Ihe plans and specifications prepared by Maier Stewart ar�d Associates for such i�rov�ment ar�d each of them, pursuant to the Council action heretofore, are hereby approved aryd shall be filed with the City Clerk. 3. Zhe �rk to be performed urider 63RD AVENUE BOOSTIIt STATI�T PI�7'EGT 1�U. 250 be perforntied ur�der one contract. The Public Works Director shall a000rdingly prepare ar�d cause to be in.serGed in the official n�wspaper advertisement for bids upon th�e makirig of su�rh impravements under such approved plans and specificatiar�s. �he adverti.5ement shall be pRlblished for tw+� (2) weeJ�s (at least 10 days) , ar�d shall specify the work to be done and wi.11 state that bids will be c�ned at 11:00 a.m. an Tu�y, Jtx].y 6, 1993, in the C�o�uncil Chambers of the City Hall, and that no bids will be considered unless sealed aryd fi.led with the Public Works Direct�or ar�d a�anied by a cash deposit, bid bond, or cextified rhec,k payable to the City o� FYidley for five pero�azt (5%) of the ama�t of such bid. �at the advertise�nt for bids for the 63RD AVIIVIJE 8003'1'ER 87.�iTI�1 PRp►TECT 1�. 250 shall be substantially standazd in form. - ti�+� �� • • �� r �- •��i � • ' Y:I' •I' ' r� r:� ; r: ��• • . s YY�.71 WILI.IAM A. C��MPA - CITY CIEL�K % WILLIAM J. 1JEE - MAYOR Er.g�nee�� g Sev.e� tValer Parks Slree:s 'I".1ain[enarce MEMORANDUM � TO: William W. Burns, City Manager PW93-208 FROM: John G. Flora,�rublic Works Director ��lyde V. Moravetz, Engineering Assistant � DATE: June 14, 1993 SUBJECT: 'No Parking' Resolution on Arthur Street Attached is a resolution authorizing the City to post "No Parking" signs on the west side of Arthur Street. As noted on the resolution, the parking restriction is a result of MnDOT requirements and must be authorized by the City in order to obtain State Aid funds for the improvement of Arthur Street between Camelot Lane and 64th Avenue. The resolution and improvement results from the TCAAP watermain project. This portion of 64th is side yard only on the west side to be signed no parking. Recommend Council approval of the attached resolution at their June 21 meeting. CVM/JGF:cz Attachment : �� • ,. ; RF�OLtTI'I�T I�U. - 1993 •�:,�_ • � •� � � �: �i• � �:i� �� _ � •�- • � •��u � r �. •I �; 1' � ��7' •]' � •iY: 1 ' 'I:r1' �,5, the "City" has planned the improvement of the follawing MSAS street segment as a result of the TCAP,P watexmain project (Project No. 248) : Artiiur Stx�eet C;amel.ot Lane to 64th Ave.nue W�AS, the "City" wi.11 be exp�x�ding M�anicipal State Aid Funds on Project No. 248, and �,5, this imprave�ent does nat prwide adequate width for parkir�g oan both side.s of the street, appraval of the praposed constructio� as a Mimicipal State Aid Street proj ect naast therefore be cor�ditioned upon oertain parkir�g restrictions, ar�d �,5, the extent of these restrickio�s that wwld be a neoessary prerequisite to the appraval of this construction as a Municipal State Aid project in the ��City'� � has been detexmined. 1�7W. �, B� IT RE80LVBD by the City Oo�ncil of the City of Fridley that the City is hereby authorized to post "No Parking" signs on �e side of the stre�ts as noted below upon c�anpletion of Project No. 248. Atthur Street (SAP 127-336-02) West Side Pl�t38ED AND ADOP1.'ED BY 7� CITY OOiA�IL OF' '!� CI'1.'Y Oi�' FR'[D�LE7[ 7�II8 218T L1�iY �' J�, 1993. ATl'ES'I': WILLIAM A. C�iAMPA - CITY CL�L2IC WTT T TAM J. I� - juf�yQR . � .• � Engineering Sewer Water Parks Streets IMaintenance MEMORANDUM TO: William W. Bums, City Manager �,�� PW93-215 FROM: John G. Flora,�Public Works Director DATE: June 16, 1993 SUBJECT: Minnesota Pollution Control Agency Agreement for Commons Park Pumping Test We have received an agreement to be executed between the Minnesota Pollution Control Agency (MPCA) and the City for a pumping test of the Commons Park well field. The purpose of the test is to investigate the groundwater aquifer flow direction and the impact of each of the four Commons Park Prairie Du Chein Jordan aquifer welis. The agreement calls for the MPCA to fund a$7,975 investigation and report for the pumping test. Bruce A. Leisch, our consultant, will be conducting the test, and the work is to be accomplished prior to August 3�, 1993. Recommend the City Council authorize the Mayor and City Manager to enter into an agreement with the MPCA to conduct the Commons Park pumping test as a means of identifying flow within the Mt. Simon Jordan aquifer. JGF:cz Attachment 0 � � CliYOF FWDLEY - V L L L J V J 1 V� SENT BY�Xerox Telecopier 7021 ; 6-16-93 � 14�42 � 612296970?� 612 571 1287;# 2 � /� Minne�ot�.Poliution Gontrc�i A�er��y �7une 16f 1993 Nlr. John Fl.ora, Director Public Worke City Oi Frid7.ey ' � 6431 LTnivereity.Avenue North�a�t Rridley, Minneeota 55432-4383 Dear Mr, Flax�; The enclased finaY cantract between �ha Minnesota Polluti3on Con�rol Agency (MPGA) �ar�d the'�city"af'Fridley'�for �the Fridley pumping. teet-3g'propoeed for �� - . �ubmitta]. �o the 8rid].ey City Council for approval. � � zt is my unde�r�tand�.n,g that the pur�ing test will be conducted concurrently wa.th the seasonal initiAtion oi uae of the Prairie Du Chein m�nicipal wells. M�rk Te�sc, r�CA on-�ite in�p�G�pZ, and Johri Seabarg, MPCA hydrogeologi�t, are working with your consultant Bruce A. Lieach & Aasociates to finalize the plan. 0 glease cal� me 8�t 295-7353 if yvu have any guestions. Sincerely, �_�� . Maureen Johnsor� . . Project Manager � Resp�n�ae IInit T Site Responae Bection . Graur�d �Water and Solid W�ata Divi�ion MK�T : fll �r,clasure • � . b1LLyby(Uf SENT BY�Xerox Telecopier 7021 � 6-16-93 � 14�42 � 612296970?i 612 571 1287;# 3 • AC�R�S�IENT 887'WFBN THE POLLU7'YbN CpNTROL AGFsNCY � � • Aisri THE CIR"Y OF FRIDL�Y, MINISE3QTA i NRrt. j� i Tcnovrrr i IA40 �3 � $�i8�° � + PIIRCH � ASSFsT NO , � T�� i . i � , D�PT/DV ; SFQCTFNC� NO:j SUFFIX �0?30o i 35�'S'�!a � � 0 r C.CD.l �C.CD.2 �C.CD.3 � � . i � �B,TFCT� V�NDOR/TYP�� AMpUNT� - I 1 �I �� / i O�W �� U�� i JD� Q�Sbd � CQST CODB 4 �CdST CODE 5 i � , �TYPii OF TRANSACTZON: � • ' . i � � ,� A40 � A41 0 6/Gr 93 033f19 �ntered by � • iDate Number j � � �,� A44 _,,. A,45 , A46 �ntered by ( � . Da�e. : Number ,.. ,. .. _ _ : - - �. Thia Agr��ment ie a contract for ��rvices, to ba interpreted pureuant to law� o� the State of Mir3nesata. �'his Agreement provides fur limited �.nvestigation ac�iors oi grourld water c�ri�amir�,ation as a reapanee to the release of hasardoua aub�tancea, pollutant� or contaminants. The cdn�entration cf volatile organ�,c compound� in Prairie du Chien aquif�r wells hae sx��eded health cri�eria in individual wells and threatens to exceed regulat�ry ariteria for the City of Fridley'e publi� water supply. _ Thie Agrpgment is made pureuar�t to th� authorities of the 3tate of Minnespta and its ppl],ution Control. Agency to enter iato con�r�ct� pureuant to Minneeota St�tutee 16�,q8, 16H.17, 1158.43, eubd.2 and 1158.17, an6 1.16.03. �'he b�innesota Pollutior� Control Agency {MpCp) ia authorized to entar into this Agreement under Minnesoea Statutee 1z6.05, eubd. 1(z992), aud to candua� reaponse activitia� ur�c�er the ��vixonmental Respon��, Compenpatid� and Liability Act (bl�ii�A) , Mirineeota Sta�u�ea 9ection 1158. The MPCA has iderstified th� need for the servicea in E�,ibit A to be performed, a� no State employee is availabla far perfarming thea� taek�. � . . The City of Fr�,dley (CiCy) i� �. loca2 tuzit of gaverrunent, authorized ta enter ir,tc� this Agreement under tha attach�d resolution by the Friclley City Council, and the City haa represented tha� i� i� capable of C�rzying out c�rtain partiQns of the proj�c� �.hrough its staft and its cangultant. �The City agxees tv perToxn� the scop� 8t s�r�i�� in 8xhibit A witihin the terme of thi� contracti and its attiachmente. - . - SENT BY�Xerox Telecopier 7021 � 6-16-93 � 14�43 � 6122969707� 612 571 1287;# 4 -2- �s�rrs �oR �nairrrs� A. The CommiB��.�ner of tihe MPCA or the Caanmis�ion;er'e de�ignee ahsll be th� bSPCA's Authorized Agerlt for the� �dmiaistr�tion oP thi8 Agreemen�. . B. Th� Mayor of the Ci�y of Frid7,ey, or the Mayor�s desfgnee, sha7.1 be th� Gity's 1au�horized Agent �ar the adz�inistration of thi� Agreement. C. Sxcept whera otherwiee specifiaally provideci in this Agreement or by appiicable law, the right� an,d,obligations of the MPCA or the City ur�,der this Agr�ement �hall be axercised or c�rried out by the respective MPCA ar Ci�y AutihOrxzeci Agent. 1�. Either P�rty may �ppoint a new �uthorizeti �gent for administration af thie Agzeement an6 �hall notify the other p�.rty fn writing o£ the naw agent within 14 days oi the �ppointment. g. Unless a party requept� in writing �hat notice� �.nd docum�nte be sent to a di�ferent name or sddre�s, ali neti�a� arid docum�nta under thi� Agreement ehall b� #en�. A,s t'pllpw� : i, To the MPCA: � l+a�uraen K. JahnBOn, Project Marxager Minne�ota P�llution Ccntrol Agency Ground Water and Solid Waete nivision 5,2� L�£�yette Road , - _ .,. 3t. paul, Mirinesota 55155 � 2. To the City;. �ohn Flora, DireCtor of Puhlic worka City of Fra�dley � MuniCipal Center � 6431 Uni�crar�ity Avenue N�rtheaet Fridley, Mirtne�oC� 55432 F, The MFCA AuchaYiz�d Agexit ahall be the approval authority tp B.CCept documenta and wvrk. � III. PURPOS�i AND sCOP£ OF x1CiRE�1+�NT The purpoea af this Agreement ip to provide for lxmited ir�v�estigation of contamin�t�.on in the F`rid�.ey Cammone park municipal mells (Prairie du Ch3en aquifer), and, i� the inve�tiqati.ve data euppart� a need for continuir�g action fundable by MPCA., other studie� or.reC�ponse actiona for which the City is th� moat effiai$nt and best qual�,fied ta provfda. Rn amendment wi11 be rec,{uired to add monay �o� �ctiona beyon� trie work in Exhibit A, pumping test work. The Con�ract wark i� defined as a7�1 actiors� tunded by the DaPC�1, whioh at thi� time i� anticipated.a�e nbt including constr'uct�.vn costa of any remedy eince nq health advisory has baen or is expected to ba isaued from tihe Mi,nneaota riepartment of Healeh. The Projact ie defined as the MPCA fundad Cantract work and all activitie� funded by the�Gity �hat are relati�d �p or thdt tollaw-through on C�ntraat wark. - 9C - SENT BY�Xerox Telecopier 7021 � 6-16-93 � 14�43 � -3- 6122969707� 612 571 1287�� 5 Tha Gity agrees to perform tha work in Exhibit A. 8xhibit A shall b� an integral arrd en£orcee�ble p�rt oP thig Contract. �he work shall be performed by �ha City and/or the City'e aon�ultant, BruCe A. Lieech & Ae�ociate�, The City and the City'a con�ultant ar� uniquely poeitioned to perform effective].y �nd efficient].y £or zhe Projact_under thi,e AgreemenC �ince they are intimately familiar with the City�� w�ter eyetem and are coneiptently on eite #cr necessary obs�rvatione. The City ahall take the follc�wing actiane: � ° Prepare or cause to be prepared ail n�cessazy plane, �peca.ficntiang, acces�.for hookup�, arrangement�, contracte and sCh�dulee for th� reepon�a a�tione of.�h� Project. ° paY rsny costi� �t the work of the Project beyo�id the acope of the work� . de�CZibed in Exhibit� ,A uxilese the D�FCA provides written approva•1 for uae af the contingency. . ° Se responsible fvr the sett2ement ar�d eatief��toxy con�letian in accardanca with sound }�u�ineas jud�[n�nt and good ada�ini�tr�tive practice of all contractual and admini�trative issueg ariaing out of its contract�. ° Comp].y with all appiicable federal, �tate, r�nd local lawa, regul�tione, xules� anc9 ordinancee. ° Provide a comp2etion re�ort an the work in Fxhibit A. � Nothing in thie Agz�ement ehall be s.ntezpreted to limit� reetrict or qtherwi�.e impair. the .powe��:; of .the:..City ta determine assessments, u�er�-�'ee�,: .._.-.. _ aseessment paliCiee, cor�ection policies, uaer chaxges and improvemdnt� raasonab].y establi�had by the City to as��.st in the response actiona required by the p�ojeCt. ' TERM9 OF_ PAYME�NT The City �hal�. ccxnplete the wcrk specified ia �xhibit A in accordance with the sstimated budget in �xhibit H prior tia Au�ust 31, 1993. Exhibit B ehall be an integral. and enforceable part of thia contract. Travel reimbursemant is lima.ted to in-etiat� mileage. The eatim�t9d houra per task �.ncf costs per hour are a� desCribed in Exhibit B, The total obligation of the atate for 8.11 compengation an� reimburaement Co ths City for work described in Exhibit A eiial]. not exoeed �7,975.Ob (��v�n thoueand nine hundred and seventy fiva dollars). A contingency budga� of $3,000.00 (three thousarid dollare) i� providesi for unforeaeen out of ecope work, � j-Y ., . . ��4• : ��• � :i�i i�F� The City shall c�lete the wor1� �pe�ified in Exhibit A prior tt� Auguat 31, 1993, and at euch appropriate time as ma�y be ap�roved by the MPCA techni�al analyat atr,ff and caordinated with the City�� pumping needs. The D�PCA may approve extan�i�n� to the echedule �or good oauae ehown by the City upon a timely applica�i.on. . The d�liverable reqi�ired lay thie contract i� an aquifer teeting report which documents th� prQCedures, deviationg therefrom, data acquired, an�lysis of �tc�uifer conditian�, and CbPlC1LSA�.btfSl �i� �ecamrnendationa. • � � SENT BY�Xerox Telecopier 7D21 � 6-16-93 ; 14�44 � 6122969707i 612 571 1287;# 6 -4- �CQICINC3 The City ahall su�nit manthly invpiCe� to Keith Ne�s, Director, Fi�Cal � Services Office, Minnesota Pol�.utioa Contral Agency, 520 Lafayette Road �7orth, St..Paul, Minne�ota 55155. InvoiCe� �hall inelude the applicable st�te tax idanti.tiCation numbsr. The City ehall pre�ent to the MPGA�invoices which �how coats incurred for work carried out by ite consulfi.6i.rxt and which evi�ence the City�s aC�eptance and approval of the work. Invoice� �xs�ented to MPCA for payment muet be accompanied by capies of the contractor�e�invoi�ea ehowing that th� work for which the City ha� incurred coete was satiafactorily completed. The invoice� shall at a minirnum GOAtA�YI the fallowing required infc�rm�tion: itami$e�d staff, coet pgr hour, number of h0urs, cost per �ti�ff;�itemized �xpen��s �.nd receipte; total aost for the month, total previausly billed., �aymerats reeeived. The 1�GA Agreea to natify the City of ar.y bbjgctior�s to appro�ral c�f axl invaice within �even days oi receiving a�t from the City, The MPCA ree�rvea th� right to final acceptsna� oi tk�e work which it i� £unding. On reaponse action CCntracts funded by th� MPCA, the City shall �8ts�in at least five (5) percent of paymente until satisiaGtozy c�inpletion af al1 work under the cantract or work order, Th� Project reaponsa acti�n� shall be eubject , .to .and �n:..accord�nc� vrith all neceseary federal, etAte, _and .lacal pazmits and . approva�g.. Any amount disbursed to the Ci�y under this Agreement th�t is not paid by the City for the purpase for which it was disbursec3 shall be returnec3 t� the MPCA with any intexest gained therean. ��l� •�- �.. �U�tTZONS os pAYY�N�r, �,11 services provided by CONTRACT`C�t pureuant to this contraat� �hall be performe� to the satisfactian of tha STATE, as determined in �he sole discretion of it� authorized agent, and in dGCOY'CZ with all spplicable fed�ral, etate and local Iawa; ordinances, rul�� 8.n,d regulatione. CONTRACTOR shall noti redeive payment far work f�uzid by the 3TATE to be ' unaati�tactoxy, or performe� in violafiio� of federal, etate �r local law, ardix�ar3ce, rule or regul�tion. �. CANC�LLATION. Thia c4r��raat may be cancelec3 by the �tate or contractor at any time, with or withQUt c�use� upon fi.hirty i30) eay� writ�en z�otiCe to the other p�r�y, Ir1 the event of euah a CanCellation, CONTRACTOR �hall b� �rititled to payrnene, de�e �nined on.a pro rata ba�i�, tor work or services �ati�f��tarily performed. 3, asSic3NMENT. CONTRACTbit sha�li ngither aeaign nor trangfar any righte or obligatione under thi� c�ntract without the prior written aonaent af the $TATE. a, LIAHIL23'Y. CONTRACTOR agr�es to in8emnify and eave and hoid the STAT�, ita a►g�nt� and employeee harmleee lrom any and all claima or cnueea �f �vtian ari�ing from the performance of thi� contract by CONTRACT'OR or CONTRACTOR'S 9E -- - b1lLyby(Uf SENT BY�Xerox Telecopier 7021 ; 6-16-93 ; 14�45 + 6122969707-► 612 571 1287;# 7 -5- agents or employees. Thie clau�a shall not be cantt�rued to bar any legal remedies CONT1�11CTOR me�y have for the STATE'3 failure to tulfill its obligations purauant ta thie Cantract. � 5. S�aTS �,UDiT'8. The bpr�ks, racorde, documenta, and accounting procedures and practices of the CONTRACTOR relevant fio this contract �ha11 be aubject tO examir�atio�n by the Minr,aeota PolYution Control Agency and the ],egi�].ative . auditor. , 6. OWN�R,Sx=p CiHT 1�11 right, title, and interest� in all c�pyr.�,ghtabl� material whxch CONTRACTOT� shali conceive or orig3nata, e�.ther individua3.ly ar jointly with othpr�, and which arises out of the per�ormance af thia contract, will be pxoperty of the STAT$ and are by thie contraa� assigned to the STATE along with owner�hip of ar�y and a11 other acte neces�ary to ��sist the STATE t� obtain artd registar copyrighte on euch m�terials. Where . applicable, worke ct e�uthorehip creatied by.CONTRACTOR for the STAT� in perfarmance o£ this contract �h8�11 be considered '�work made for hire" ae deiir�ed in the II.3. Copy�ight ACt. 7, OqQAT�RSHIP oF DoC�NTS� Any reparte, studiea. photogr�phe, negatives, or other documentg prepared by CONTRACTOR in the per£ormance of its abligaticn� un8ar this contract shall' be th� �xClusive praperty af the STAT$ and all such � material� ehs►ll.be ramitted to the STATS by CONTRACTOR upon co�npletion, tesznination or esncQll�tiori of thie contract , COAITRACTOR shall not use, willingly allaw or cau�e to have� puCh materiala uaed !or any purpase other than performance at COI�RACTOR'S obligationa under thx� contre�ct without prior written conaent of the STATE. 8. �NTTIT7tUST�= Tha City hereby assigns to tha State o£ Minneaota any snd all pl�im� fdr ovarchargea as to good� or sexvicee provided in aonn�Ctic�n wi.th thia Agreem�nt, including goods vr servicea provided pursuar�t to a.ny contract entered i�ita by tiie City pureuant to this Agreemerlt, which claime arise under the antitrust laws af the State of Minneaota and th� antitrust ].awa of the United Stateq. Any recovery recei�cred by the State of Miruaesote �s a r8sult O� bxinging a.ny claim� a�signed by th� city shall, be �h�zed by tha state and the cit�r pro rata based upon th� Contribution of the City and the MPGA to the total coet of the Pr�3�C� reaponae actiane. 9. WORx�RS'COMDENSTAI�N. The City anc3 the City'� conaultant ahall provide Workera' Compensation, In�ur&nCe pur�uant to DQinneaota 3tatutes 8e�ations 176.191 �nd 1.76.182 (199Z) . T17� City �iia11 grovide the ndPCA with the risates af the insurar�ca company, the policy number and dstes of ao�verage or the permit to self ineure. In carrying out it� dbla.gations iuider thie Agreement, the City i� not the agent o£ the MPCA. The 1�CA �.s not d party ta any cantsaat en�Qrad into by the City ptsrauant to the City's obligations under thi� Agreamar.t. The N�GA �akea no reaponaibility for meeting the regulat�ary lim�.ts- applicable to the public water eupply nor ipr taking any �ction required by the Minnesota Department �f Health, 9F SENT BY�Xerox Telecopier 7021 ; 6-16-93 � 14�45 ; 6122969707� 612 571 1287;# 8 -6- Thie Agreement.x� not intended to creata 6aiy rights for ariy persori not a party td thie Agreement, including any contractor or eubcon�r�Ctor of tha Gxty �r persona affected by th� Project re�ponae actions. �'he MPCA aha11 keag and rat�in accur�te recorde of all diabureements made by the MPCA �p the City undex thie Agraement, inclu8ing the amount, date, �nd pu�po�e of each di�bursement and a copy of any �nvoice, natice, certifiaation or other document eubmitted by �he City as a�ondit�on f�r �he disbursement. The City sha,ll keep and Xeta�.n accurate records af the amount, da'te �.t1d purpo�a c�f each payment by the Cit� tor Projee� response action�, inCluding an ��couratir�g pf each payment made in whola or in part using funde diebur�ed by the MPCA under thig Agreement, and the amount af the paym�nt attributable to the d,i�buraement. �4RCED�N7' 'rhis Agreement xs eniorceable by the i�arties jurigdiction. Snforcemant and interpretatian of by tha �.aws of the 8�8�te o�� Minneaata. � rarur�t�i.}ui=��Y - in a court of aompatent this Agreement ahall be gcvexr�ed This Agreement mbty be runended by wxitten iamendment approved Y�y the MFCA and rthe CiCy Council of the City. Additional funding may be added through smendmQr�t for further Project respon�g �Ctions. T�RM This Agraement ie effec�iye on the 8ate that it is ap�roved f�r encusnbrance. by the Gommissioner �� Finance. � Thie Agreement will expire on be�pembar 31, 1993, unless the parties agree to termin�.te thie Agreemen� saoner or to extend th�s Agreement. Nothing in this Agreement sha11 be conatrued ta limit the Gity from adnductirl,g and funding its 4wn rasponse actiions at its own discre�ipn and exper�ae. 9G SENT BY�Xerox Telecopier 7021 ; 6-16-93 ; 15�26 � 6122969707i 612 571 1287�# 4 -�- IN WTTN89S WHBR�O�, th� uridereigned parti�s have caused this Agreement tC be eigned on th�ir behalf intending to be baund thereby. � CITY Ob" FRZDLfiY , (Capy �� authorizing xesolutior� by Gity Counail attachea) By; W�.11iam J. Nee May�r, City of �'ridley �ate: By: William Champa Fridley City C].erk Date• CONA+lIS3IONER O�' FINANC$ By; _. DBtA• � 9H MINNFyBQTA POLLUTIQN CONTROY+ AGSNCY 8y: Charlea W. �Pilliama Coanmiaeioner Date: As to gorm and 8xecu�ion by the ATTORr7FY GgNSRAL By: Date: CO�I8814NER OF ADMINI3TRATION ay: Date: SENT BY�Xerox Telecop,ier 7021 � 6-16-93 � 15�26 � 6122969707� 612 571 128?�# 5 Mr� c; �a _�•�3 o.M.�_ca�r. n�au�. P.�� . jS �p�1� �1, �9�43 �r. Mas�k '%7�a �maaa� P�t�i,c� Ca��trol Aga�ay 52Q' I�teParyr� itaad s�. '�, �t ss�ss•ss�a . Exhibi� A Page 1 �f 2 t'�: F�itlt�}►. �as�o� - �oomarns Paric Fi�el�, �Ia . De�r Mr',�a�a: B�ed aa ou� cwA�c�o �arG ]�va pr�apat�d tlst iollowi� pro�I to �ndu+ct ��eif�r t�iag ga�OCed�s st �hc C�no� Paric WaIi 1�3�1d �a t1�s Cit� af �y for t� � Fe�oa �a�tsal �Lge�y (I�dPGA)• �Iaa p�up+�e of � pc+opo�d proJoGt 3ai to aha�+a�exi�e t�e � iu ths p�iri� � G'h�e�n,�Tard�m Aqvifpr �L �aoa� F�k b�► c�a1l �ecs� arxt o�nahr�iag Pw�ap� tast �c#�r� and ta pravictc ��flormati�ri reg�tdi�g tka ccxxuz�ca vf 1,�1,2-�richlor�ae�iyl�ua Cx'C�3" at. City 'pp'e� �r, 7, 8, a� �. �e�ts 6, ?, �, a�d � strye i�i�iYe c3n G'hiea -,iaar+�an �v� 1�ied, it� iae�a�ivety �lt�s pswdmity � �omrnou� 1�r3c. A,s Ph�se 1 of tiris p�+pj$at �'oV�i Co4rd�t�e �i �dri�t tcvc� s�►p�x�Ler praar�ping � at Wei�., 6 e�ci 9 for $ d�nratian of 2A hn�rs r�h_ �tavs b�oc19 rep�t t� paiats of t�e ltswe� and highest abser.Yec� TCE cc�rat�o� �d �hot:i� ba tt��cE ;,+��e►trh�.t��r as p�ging �1� in provide aq�sif'�r dacka re�x�'�g TC� c�patre. Weu b hae also d�ma��f th� �hig,h�ea# s�fic capa�siry. 17Vtz1! 8 s�iae�id be� u�ized an aa a��rna#e it� t�e ew�+erit #�at Well'� i� not ��. Dtui�sg a�ch puu�� test a� av�� raire dn Chfen -�ani� wells wlll be tttili�od �,9 o�e��sn w+�. �S aach' pa�ap;tng test. m�txre�ns a# at�tia, ctr�.a�dowr�, ar�d raac;�ry �vabar lerve�c wiil be r.�'ba t1��c �uare�t 4.4� €'oat, �►hGra p�'b1e, aY each �i,ou atul peus�i�ng �ve� �S � Pr'�'cedtire�. .� LESt avill b� co�d�ted wit� the peirnpiaag w�il c�!perating at � �t pt�i�ng rete. Ti�e p�mp�u�g �sts wiI]. ba �c�eci ta a11o�v compl�ta raGOVe�ry pe�icsds. The a�taal tastiag per�ods should be� deteru� by tha prin�»�in�sy �aiysis of drawdo�n data as �ch P�P�B � I��. Ft�r �vat,er 2a�w1 ase�r+�m�rxts a�p sn�%ip� Ytt�nag oaa or mar�e of the foil�ng devices d�peu,d�� a tha condi#a�s and saoe�ts ut i�tdiv�id� we�t�: 1'o�nsaa 'a�ra#�exmarkear� 5+5linst, � I4l�Scope. sKee1 ta�e, if P�dhle u�nd,ioa�ous .�+e�or+dia� �eck e%t an� $t�v�u '�'�rpe P ohart r�carder, csr p;e�un #r.u�sduoer ��nd data Iogg�r wiii � �d. • . 91� 61229b9707 SENT BY�Xerox Telecopier 7021 ; 6-16-83 ; � Fir'R C' ''7.y ilc��1Q �.!'t�L�EJ�.�'1 HjJI�:. � 15�27 � 612296970?� 612 571 1287�# � F. 3/�-� Exhibit A Page 2 of 2 As phase I� 'af ti�s pr�o.�ec� a� aquifa' t�ing rGparc will iaa prepnred ahich d� tt� P�P�� P��`�• P�ta the aata, aad. pROVi'de� gaalysis of aquifer cmdi�s_ Cozs�c3usio�s :� �'�ama�eu�d�ons will a�av b� i�u�ded based upa� the absarved c�iaoa�. Mctb,od.� o! at:at�5 wit! i�chxbe cornp�r ge�at�d 'Yiassg-3a�ooba p�ots a�d c�trv+a maLc�Zg te�fq�gt �,s �iate to ob�t �tive aqnifer ch�si�_ �ity aF Fridley szafP �•d� me�atring ppi�tt elevatiant to asa�st itt �etezminiag groundwatec' flaw ac�tic�s �aci capctutoE �r�aes dutfstg p�aping a�d nou-pumpin� a�au3�ttans. i�'ater produoe�d dtu� ti�+a t�sts �avill ise c�scharge� ta ttha� atcz�r� s�t, Moo�+s I.ake or p�pt ir� d�i�tribufi.an depa� an tbe timi� at tlLe t�sts .an�i fh� desiro� of City �: S�.mples f,or �n�l�sis of 'I�Cfi o�te�tia�s wi]1 be colte�t� fmrnt tha PumP diachar�+e �! t�� eud of e:�h te.�t. . ,� �n a�t�ve program,. � ad-�aeir test Cotild ba ooe�ed �t wnee 4f lbe� �eveil� 'ou�th �nrimr t� �arrdi�d �t .ti� re�imug wed](s). In any case, we wou�d �ce to h�va the oppa�tunity ta r� •on� test fdt' iit �a�t 24�t�s if Cb4tiit� w�tt- A� t�C aill pr4b�bly� riaE ba na�essa�y and if �t w�ete, it wos�ld ba bett�r to 3�'pdr�� gu�ch �, �tast i� t�e ra� ape�tian s�xh� sy�tcrrt. �f cnwse, t�.u�t� patr�ping tesi ar�ag�naepts wil.� =equ�re aipp�av�l from ��. Lic.�h' a a�aian a� q�sts is i�cic�d� a� Atq�J� A�1•� pp.r t.stim�a af pa��tl faes :an� � tar this �rorY, � E'�easc f�i f�ao ta aantac� us �►t E6�2} 559-1423 with a�y r�u�ions or cQm�snents you rnay luaw or to d�cu� #� det�i�s a�f th3s propas�i �ud poss�'taf� �tarna�v�. S�ere�y, ��IESCH �x.�CIA7�, YNC. ,iamgs de %a�ab�r� S�i�r Y�ydYog�atog� ,F�}�l�,�s � oa: �9r. � �ra, P.�. : P�n� '9i�or�cs b�r ' City oP ,l�xidl�y srp: �SiC39L�t.4dlac�tast 9J � SENT BY�Xerox Telecopier 7021 ; 6-16-93 � 15�27 ; � nrr, cr �� _�� J n.n. L_t�� NSJUI.. ; , ., .r � . : ` :, . i , p� 3 �� - '� Arp�ii �3. �+,�93. . ;. . , ., ` . A�A�i�T A • : i • 17�1I'�W �U� C�CiSt'�'S > ' • �;� � . � :� � � �. ;,1 ,� , . ��.F. . � � . �� iz 4o�3ina,ta �ao�d coadua • '} . • Ptsrap�g 7'� '4 _ :� . '.. •s 8122969?07� , �. �,. 60 612 5?1 1287+# 7 P.�:W /4� Exhibit B �: � �,; Pf�,�a Yi: l�� Aaa�l�is snd . . ;' ., .; . . � �y� . . 1 'rrr��" . �.� `wn��i . . � nv.�� i�r� � �;t. Tot�is �F} � 90 8 � � :,� ��. � . � �:� . � P�co�+e�+o�e�t Fee�: �; "i • . S�iar l��ga� Pr+oie�laa�s! (5.�'.P.) . : . �` lt� br�sra �► �3a4:4Q/itoeu' � � �' � ��a�aax f�s�f.? . ; • � �4 � � $f��..00/htx�r . i �e�t�n {`�ec�t.) - � �; a n�s � �ao.oar� � � _� •. � w�x�t�tix� t`+�e�c:) � � � . . $1,4�.Q0 . � 5,$50.�d � � �z�.00 • 5 •�cwrs (� $27'.4p�usur � _ 13S.DQ :� , . .:� ,.� j . '��'lAG PR�QI�AL FEES: � 7,3q,S. W? . ,J . ::� � . ''' , �]i�r�Gt ��: � ;s . . : ; I�+�ea�c: ?.AO mi3�s � $0 � 4Ltlmile � � ' � t Copy�,g� a�d Miaa�laneons � �� c . . �uiPr�art Charges :� -�Vat,eer levei a�ing in�ru�ts 4 d�ys �$10�Wday :j • , �` 'I'Q'�AL r3IR.FJC.'T CaS7''S: � �� . � .j, , . . I ,� . TO'rAI. �C� i�111LA"1'E` I 'F i srp.390Q41a�Tte�ty�ro •i .! � 9K $ 8A•o�0 � 75i3.(?0 �.EfO $ 63Q. UQ � • 7,9'7'S.Wi _ � Engineering Sewer Water Parks Streels Maintenance MEMORANDUM TO: ' � �lliam W. Burns, City Manager A� PW93-217 ��, 1� FROM: John G. Flora,rPublic Works Director DATE: June 17, 1993 SU BJ ECT: Change Order No. 5, 1992 Street Improvement Project No. ST. 1992-1 &2 Change Order No. 5 is necessary to complete the sodding and seeding at the New Riverview Heights Park. Recommend the City Council approve Change Order No. 5 to the ST. 1992-1 &2 Improvement Project for $7,880. JT/JGF:cz 10 i= �� June 17, 1993 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 � Northwest Asphalt, lnc. 1450 County Road 18 Shakopee, MN 55379 SUBJECT: Change Order No. 5, 1992 Street Improvement, Project No. ST. 1992 - 1&2 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the 1992 Street Improvement Project No. ST. 1992 - 1&2 by adding the following work: Addition: ITEM 1. Sod 2. Seeding QUANTITY PRICE AMQUNT 4,2000 $1.40 $5,880 2 Acre $1, 000.00 $2, 000 Net Change Order #5 . . . . . . . . . . $7,880 TOTAL CHANGE ORDERS: Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,001,213.25 Contract Additions - Change Order No.1 .................................... $12,642.00 No.2 ..................................... 22,144.00 No.3 ..................................... 16,097.50 N o. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 240. 00 No.S ................................... 7.880.00 REVISED CONTRACT AMOUNT $1,063,216.75 10A Northwest Asphalt, Inc. Page 2 Change Order No. 5 June 21, 1993 Submitted and approved by 1993. �� Prepared Checked by c Flora, Pubiic Works Director, on the 21 st day of June, � o . FJora; P. E. irector of Public Works Approved and accepted thi� ay of , 1993 by Approved and accepted this, NORTHWEST ASPHALT, INC. � Thomas Kenney, Project day of , 1993 by CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager 1: _-.✓ , � _ C[TYOF I FRiDLEY� Memo to: Froltt : Subjeat: Date: MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridiey, Minnesota 55432 (612) 572-3507 F�: (612j 571-1287 William W. gurns, Cit Ma �� Y nager � William C. Hunt, Assistant to the City Early Retirement incentives June 2, 1gg3 William C. Hunt Assistant to the City Manager Manaqer /�%;� G�v v The 1993 legislature included early retirement incentives in the omnibus appropriations bill provisions of this law are summarizedein the�atta hed 108�' The May 14, 1993 LMC Cities Bulletin. In accordance with this law he City can offer eligible employees an incentive of either an increase of 1/4 percent (0.25�) in the multiplier used to calculate the retirement annuity or employer-paid premium contributions to hospital, medical and dental insurance until age 65 or both. The city employees who incentive are: the Cit Services Workers (Parks), are eligible for this early retirement y Assessor, Leon Madsen, and two Public Don Ososki and Roy Scherer. Offering these employees an increase of 0.25 percent in the multiplier used to calculate the retirement annuity would not involve an expenditure of cit funds. benefit"would be y The increased pension paid from the present resources of the Public Employees Retirement Association PERA increase in the employer's contributi �� It Would not involve an on toward PERA. If the.City offers this early retirement incentive, the City cannot replace a person who retires ur�der this optional program until June 30, 1995, "except under �osition-specific action of the governing body.�� Since th� �ridjey City Charter re specific Council conc�rrer;aece for the a �ires position- employee, this does not pose a problem p�intment of any authorized I recommend that the City of Fridle incentive to eligible employees, and irrelde this early retirement attached resolution to the City Council or c nsi de ation at its meeting of June 21, 1993. WCH/ j b i' Early retirement incentive in final �orm Joel Jamnik Conferees have agreed to an � optfonat retiremcnt incendve program for local government employees. In some respects, the bill is similar to the prngrams passed by the previous two Icgislatures. This year's version was pa.�.�cd i� an omnibus appropriaGons bill (S.I? 1620, scction 108) and includcs thc following elcmcnts: • Eligibility for the incenGve program is limited to employees who: • � • Have at least 25 years of combined service credit in any state pension plan, • Are immediately eligible upon redrement for an annuity from a defined benefit plan, • Are at least 55 years old, and • Retire on or aftec May 1?, 1993, and before January 31, 1994. There are two incen6ve optio�s: • An increa,se in the multiplier perceatage uscd to cafculate thc rctircment annuity for each year of service up to 30 years (the multiplier increase is .25), or • Employer-paid hospital, medical, and dental insur- ance. _ C� � � • • Each employee eligible for both incentives must be allowed to choose between the opdoi►, except that employers whose employees are covered under PHRA (Minne- sota Statutes 353.29 and 353.30) need not ot%r both incenGves. Non PERA employees are not eligibte for the multiplicr opGon but only thc cmployec-paid hc;:ilth insurancc opGon if oftcrcd by thc local governmeaG "The employer-paid health, medical. and dental insurance option, is only availabie if the retiring employee: • Is eligibie for employer-paid insurance under a collective bazgaining agreement or personnel plan in effect on the day befone final enactment� • Has at least as many months of secvice with the current employer as the number of . months younger Wan age 65 the person is at the time of tetinement, and • Is less than age 65. Although offering the incentive progran► is optional for local govemments, if local units do ot%r it, they must offer it to all eligible employees. Municipal Board annexation fees won't change Joel Jamnik Thc Ap�xopriations Confer- encc Cc�mn�iUcc diu:usx;d thc Icvcl uf fccs Q�c Municipa113oard �hargcs fix tx�uncL•uy adjustment prcx;eedings. Conferees deter- mined that the Senate proposal to triple the fees would discourage many pmperty owners and local governments from acGng to correct pollution or secvice delivery probicros by changing bound:uics. 7'I�cy dccidul to :uiopt thc Ilousc fundin8 pm�sal which avoids U�e nceci for a targc fec increase. Both the House and Senate have approved We oonfer- ence committee report to We bill, S.F.1613. 0 Page 4 �� yl� 199� l 11A � � • • � � � • • u Until7une 30,1995, a locai government cannot hire a replace- meat for a person who retires under ttus optional prograzn "except under position-specific adion of the goveming body." "Retirement" under this seciion occurs when the person tcrminates active employmcnt and anplics for rcUrcmcnt bcncfi4s. If cmPloyccs chcx�sc thc cm- ployer-paid heallh insurancc option, they mast receive the s�-unc coverage(s), and the same amount or percentage of e�ployer-paid _ premium contribudon that they were entifled to immediately �� before retirement, subject to any . changes in coyerage and employer and employee �PaYments through collective bargaining or personnel plans for employees in positions equivalent to'the position from which the employee retired. The employee is not enGded to employer-paid life insurance. Eligibilily for tt►is employer-paid opGon ccases: • When !hc rcGm.ci cniployc;c; reaches age 65, • When the retired employee chooses not to continue to receive benefits, � • When the retired e.mployee is eligible for employer-paid health insurance from a new employer. . Coverages must be coordinated with health insurance benefiis through the federal Medic�re program. Unilateral implementation of tl�e program is not an unfair labor practice and the limits on formcr Cmplaycc; tx�ncfi4ti in t'f.I,KA (Minnesc,ta tilutu�es 179A.20, sutxi. 2�) Jo nut apply. If U�c cmploycr alrc;ady pays . health, medical, and dental . insurance for alt or some of its - employees. We retiring employee � can still be etigible for the muldplier option. 0 LMC Cities Butletin ,: , t RESOLIITION NO. - 1993 A RESOLUTION AUT$ORIZING AN EARLY RETIRSMENT INCENTIVE FOR ELIGIBLE EMPLOYEES OF THE CITY OF FRIDLEY WHEREAS, Chapter 162, Section 108 of the 1993 Session Laws of the State of Minnesota provides for, among other things, an early retirement incentive consisting of an increase of 1/4 percent (0.250) in the multiplier used to calculate the retirement annuity for each year of service up to thirty (30) years for certain eligible employees who retire on or after May 17, 1993, and before January 31, 1994; and WHEREAS, such early retirement can lead to savings to the City and avoidance of lay-offs; and WHEREAS, certain employees of the City are eligible for this state authorized early retirement incentive; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley to offer this state authorized early retirement incentive of an increase of 0.25% in the multiplier used to calculate the retirement annuity for each year of service up to thirty (30) years to all eligible employees of the City of Fridley who retire after May 17, 1993, and before January 31, 1994. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK u � � . WILLIAM J. NEE - MAYOR 12 13 r _' FOR CONCURRENCE BY THE CITY COUNCIL a.�� June 21, 199� LICENSES • Type ot l.icense: � A�pproved,By: • Fees: AUCTIONEER'S �- Michael Servetus � C.S. Green James P. Hill ' �$20.00 Unitarian Church . Publ��ic Safety Direc'to 6565 Oakley Dr. . � Fridley, MN 55432 � PEDDLER Shock Electronics Steve Cruikshank " 9923 Ide Ave. N.E. Monticello, MN 55362 Schock Electr,onics �Perry C. Anderson " 17007 7th St.N.E. Ham Lake, MN TEMPORARY ON-SALE BEER � Fridley Jaycee's Cindy Brunmeier " 611 �lississippi St.N.E. Fridl:ey, MN 55432 . TEMPORARY FOOD Star of North Games John Stanford 7676 VanBuren St. N.E. Fridley, MN 55432 � e 0 � _ - 14 �� u n �� $60.00 $60.00 �,.� �� $30.00 � I 0 � � � FOR CONCURRENCE BY THE CITY COUNCIL ��,j�F,�,A_I� �lJ,�,`�RA ,�4R-COMMER _iAi. Building Environments Inc 9979 Va.11ey View Rd Suite 255 � Eden Prairie MN 55344-3596 � Steve Swanson Kraus Anderson Construction Co 525 S 8 St Minneapolis MN SS404-1077 Marcia Lindberg Maintenance Team Inc 7711 Flying Cloud �r Eden Prairie MN 55344--3537 Gary Pallansch Moar/Wood Construction 19IQ Mahtomedi Ave � Mahtomedi MN .55115-1913 Howard Moore � N �� ,S"��-�F..�ID�NTIA . Backyard Building Systems (6590} 5590 222 St E Hampton MN 55031-9708 Larry Kidd Bryant Construction (3411) 10125 Hage Dr � Rogers MN 553749786 Mike Shish Fxterior Design Serviee (323� 6391 Monroe St NE Fridley MN 55432-5028 Paul Kilgore Gateway Construction Inc(5234) PO Bax 487 Mondcetlo MN 55362-0487 Tony Botla MRE Constivction {Z902) 1U428 Jersey Ct Champlin MN 55316-3825 Mark Ervasti ,�,F/.�T, I�JG S & W Heating & A/C 136I0 Acacia Ave NE Monticello MN 55362-3249 Wally Mankowski / � a e LICENSEB TOM BLAZINA Bidg Ofcl Same Same Same STATE �F MINN Same Same Same Same CLYDE WILEY Bldg/Mech Insp �"Lj,j,��IN„G Culligan Soft Water Service 603U Culligan Way Minnetonka MN 55345-5993 Krumholz Company 3107 Lyndale Ave N Minneapolis MN 55411-1454 John Packard Harley Oelschlager ,- STATE OF MINN Same I: � _. . � '/ _ FOR CONCURRENCE BY THE CITY COITNCIL ESTIMATES F�� JUNE 21, 1993 Barna, Guzy, & S#effen, Ltd. 200 Coon Rapids Boulevard, N.W. 400 Northtown Financial Building Coon Rapids, MN 55433 Statement for Services Rendered for the Month of May, 1993, as City Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,538.99 Innovative Irrigation 10006 University Avenue N.W. Coon Rapids, MN 55448 Corridor Maintenance Project No. 243 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,549.91 Jon Isaacson Lawn Care 105515 County Road 116 19910 Dassel Lane Rogers, MN 55374 Lake Pointe Development Maintenance Project No. 244 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,283.90 Gunderson Bros. Cement Contractors 2235 Snelling Avenue Minneapolis, MN 55404 1993 Miscellaneous Concrete Curb, Gutter and Sidwalk Project No. 245 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,590.65 15 -