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07/25/1994 - 4924'� FRIDLEY CITY COUNCIL MEETING �tYOr '' ` M� ATTENDENCE SHEET '� Monday, July 25, 1994 ;! 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN :`, y, w�R�Fi �} . E ( CLEARLY ) ADDRESS � } .: °. : � , � i �� C r �`� � _h \'i �t e .� � +r 3 c ; , � �. . , C.�1 � �l �; J �: c; ; n e 5� -�3 � � �� .�, � �:�wl� ..�i� . `1�: � �. , �-- >�tE'.� ITEM NUMBER C! � �C� ��` � � Cpr�.- '�. c� P�� C I �� ^,� �-1 �t 'SS�S�� i ��9� ,� � � % -- �� - r�� .�� -�� ;�� s j� ; ,, /� / ��'`f //�ll�w�e c� /�-y-r , _ /C o�Cd�%le — % ^�a-� � L' G% ei 0 OLD BUSINESS: ' Receive Items from the _Planning. . � . . � � ` . . . .. � Commiss�on M�eting of June 1, � � � � :' � - - � 1994 (Tabied July 11�, � 19J4): � . . . . � . .� : . �. �. . �. : . : . . . � . . � 1 � - 1 J � A. Special Use Permit Request, � SP #94=03, �by Gordo� .Hecltu�nd, to Allow Construction in the CRP-2 District (Flood Fringe), Generally Located on the South Side of Buffalo Street East of Riverview Terrace and, B. Special Use Permit Request, SP #�94-04, by Gordon Hedlund, to Ailow Construction in the CRP-2 District (Flood Fringe), Generally Located on the South Side of Cheryf Street West of Broad Avenue and, C. Special Use Permit Request, SP #94-05, by Gordon Hedlund, to Allow Construction in the CRP-2 District (Flood Fringe), Generally Located on the North Side of Dover Street West of Broad Avenue Page 2 i� � , �. F . . Pana � r/ OLD BUSINESS (CONTINUED)• Receive yan Item from the� Pl�t�ning Corr�miss�on :. . . : Meeting �# June.29, .1994 �Tabfed Jwly :11; -1994) �.. � : . . .. - �. : :. �2 =��HH� �: A. Authoriz�e Environmental� Assessment � � Worksheet for a Piat Request, P.S. , . =#94-05; . by Keiih EibEnsteiner fvr: = � .' . . . . .� � . . � Biltmore Construction of New Brighton, tnc., to Subdivide Property into Nine New Single Family Lots, Generally Located in the Southeast Corner of the Totino-Grace High School Property at �1350 Gardena Avenue �N.E. � Receive an Item from the Appeals Commission Meeting of June 7, 1994 (Tabled July 11, 1994): .......................................... 3-3C A. Variance Request, . VAR #94-06, by Kim Miller of Milier Funeral Home, to Increase the Amount �of Free-Standing Signage from 80 Square Feet to 88 Square Feet to Allow the Construction of a Free-Standing Sign, Generally Located at 6210 Highway 65 N.E. NEW BUSINESS: First Reading of an Ordinance Amending Chapter 2 and Section 4.04 of the Fridley City Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - 41 D�r.r� A . _.�,� � NEW BUSINESS (CONTINUED)• . Receiv� the Minutes.o.f. #he Planning` CQmmission �.. n/Ieeting:�ofJuly a.�,� 1.994:.:�� .�. , ` . . . .� . • - • • � � • �. :�� -•.SZ: .� .. A. Resolution�Approving a Subdivision, � �� . . Lot Split, L.S. #94-02, to Split � � .� : � . Property �:irrto Two ��eparat+� P�rcels.-: .� . � . . . . � . . . Generaily Located at 48th Avenue and Main Street (by Murphy Warehouse Company) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5H ............................... 5J-5Z Receive an ltem from th� Planning'�Commission Meeting of June 29, 1994: : . . . . . . . . .. A. Resolution Approving a Subdivision, Lot Split, L.S. #94-01, to Split Property into Two Separate Lots, . Generally Located at 5400 Fourtli Street N.E. (by Charles Westling) ... . 6-6N Receive an ftem from the Appeals Commission Meeting of July 12, 1994: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7J A. Variance Request, VAR #94-10, by Charles Westling, to Reduce the Front Yard Setback from 35 Feet to 5 Feet to Atlow the Construction of a Five Car Garage, and from 35 Feet to 18 Feet for the Consideration of a Four-Plex, Generally Located at 5400 Fourth Street N.E. Page 5 NEW BUSINESS (CONTINUED): � . � ` � � � � � . � . � . � �� R�eceive ��an �Item`�from.:the Planning: Cortamission � � �� . �. '� � . . � � : � . �. � Meeti�ng of .lune 29;:� i 9J4: . . �. � . . � . � : . : : . . . � . . .' . . . : . . . . . �. . 8 -. 8P �A. Approve CDBG Funding Recommendation : . . .. : ` � #rom the `Human. Resources Commission �� . �: . . . :� � 8� �-�80 :.�� -� . and, Resolution Authorizing Agreements Between the City of Fridley and Recipients. of 1994 - 1995 Federal . Community Development Block Grant Funds ..:............................. 8P Approve Lease Agreement Between the City of �Fridley. and. Independ�ent-School � � � � � � District No. 14 ("A" Frame Building,� � � North Innsbruck Park) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9F Resolution Authorizing Changes in Appropriations for the General Fund, Cable T.V. Fund, Grant Management Fund, HRA Reimbursement Fund, Drug and Gambling Forfeiture Fund, HRA - Housing Fund and the Capital Improvement Fund for the Year 1993 . . . . . . . . . . . . . . . . . . . . 10 - 10D ^ � s ° . . . . - ' � ��.. Page 6 � NEW BUSINESS �CONTI�NUEQ� . � � . . � � - � . `,Resolutio�: E�tabfishing �a .Solid �Waste .�° .: �.. .. :� - . . . : . � : . � . . . �Aba�emerrt Fund� . . . . . . . �. . . . � : . . .. : . �. .. . . . . . . : . � 11: - �� 1 A � � Receive and Reject Bids on Personal � Computers for the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . 12 - 12A Receive Bids and Award Contract for Stinson Boulevard Street Improvement Project No. ST. 1993 - 7 . . . . . . . . . . . . . . . . . . . . . . . . . : . . . 13 - 13D Approve Ghange Order Nos. 3 and 4 for TCAAP Interconnection Pipe Line Project No. 248 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14B Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 � 'p ��;:. � r�- � w� ��. � , :'"F �'.� ,��... Page 7 NEW BUSINESS�CONTINUED): Appointment - City Employee . . . . . . . . . . . . . . . . . . . . . . . . . 16 Claims.......................................... 17 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - 18B Estimates ........................................ 19 Set Special Council Meeting for November 14, 1994, to Receive the Canvass from the Election ADJOURN: � � " �♦� � . . �aroline � la�a �a 9 y Juey 26, 1994 �1Jd�l€f2�lS, �oA tRe past 16 yea�s �aideey. akd �ouw��es �xa�lce �ave �ad a S�ste.� City KeQatioksRip; akd �Wd��t2�}lS, oueh tRe ye:ai�.s, B�uad►�eds o� �nid2e.� aKd �ouKw�ies. Ric�R sc�ooQ stude.�ts �aue staye.d w�tR Rost �a��e�es �� eac� ot�e.�'s �o�e to�rk, akd {�ok tRe past six suw�w�e.�s a �ouxw�ies co�ee.cc�e stude�t �as �okducted a�ak�e.t study w�iQe Qi(iikc� i�t �►�idee.�; Aitd, �l�(d�l�f2�}lS, ouh CuQtunCiP, exCRQ�(�eS, tRou�� s�ae2 i� t�e �P.obae co�ltext, Rat�e cne.ated a bette.� u�densta�d�� be.t��e� t�e peopees o� N(i�kesota aKd ��Q�t�e; aKd, �l�(�l��S, �t �s t�e des�n� o� t�e C�ty o�- ��idQe,y to sB�ow its ��ie�ads�.ip aad suppoat �ox ou►� Qatest �uest, Ca�o�c�te O�QaZa; .�o�w, T��o��, �� rr ��so��v�ro t�at r, �r�ee�a� J. ��, Mayo� o� t�� ty o� ��de�y ��y p�o�eQ�� Juey 26, 1994 as �aroline �gla�a �ay �� U�Td�� i��SOL�V�D t�at C,'ano�ike Oc�eaza be w�ade a�t �o<<o�any eit�Ze�t o� �ttidP,ey. William J. Nee MaYor F�idley, `MN. � � � �W�.jt(�SS �k/d�l�f2�0�, I�atre Set K1� �1a�1d a�td Caused tP�e seaQ o{� tP�e City o{� ��id�e� to be a{�{�ixed t8��s 25t� da� o� Juey, 1994. WILLIAM J. NEE, MAYOR William J. Nee MaYor .. F�idley, MN. .. . � : � �at � o �.a � �(i �.t O ut 1994 � .�lugust 2, 1994 �la/d�I��S, .oa Tuesday, .�u�ust 2, 1994 �xid2ey �eside.kts wiQ� ce�eb�ate "�1(atioaaQ � „ ,Nic�Rt Out C1kd tieaeav e��oKts to ikl7oQUe yout�i iit cKiw�e paeveutiok because as a c��oup tRey aae tRe w�ost ��eque,�t victiw�s o� c�iw�e; a�d �l�id�l � f2�}lS, ��idQ,e,� wi QQ joik t�ousaadS o� ot�ex Cowu�wkities aC�oSS tB�e Co�tatKy pXOwwtikc� coopexcttiue c�iiwie a�d dxuc� pxe,�eKtioa o�t tB�is Ki�Rt; Gikd �k(d�1�12�}IS, ifi is essektiae t8�at aee �xidP,ey �itize,�s, be w�ade awaae o{� eniw�e p�e.tre,KtioK pao�na�s a�d �ow t�ey caa ke,duce, cK�,�e, akd d�u� abuse �� xideey; aad �kld�1�12�S, keic�Btbon�ood a�raae,kess, ��ty u��ty, akd po�ice a�d Cowu�w�ity coopexat'toa axet�e iw�oxtaat tRex�es o� tRe "�1�C1tioKCtQ,11(iG��t Out" pKOC�tiawt; .�1�O�1�/, Td��f2��-Oi�, ��I�SOL�i/�D t�at I, �i�Qiaw�J_,�1(e.e,, Mayo� o{� t�e L'ity o� ��d�e.y do ��eby pKOCeat� Tuesday, .�u�ust 2, 1994 as Ji(QtiO�QQ�ic��.t OUt <<1 ��id�ey. - B� IT-�U12rT-�I�f2 f2�sO��V�D T�I.�4T aee�xideey citiZe�s ane caeee.d upo� to joi� tRe �nidQe.y Poeice�Depa�tw�e.�t akd pa�tiCipate i�a, t�e llt�i.}�kkuCt� '�CltioaQQ�iC��it �ut" ok .�lu�ust 2�td, by B�QUik� �tei��bon�ood bP,oC42 panties to sywtboQiCa��y tQ�.e bac� tB�e �ic��t aad oil7e CI�iE�e C1 C�oi�C� QurQl� pal�tl�_ � � �1n1�,�1I�SS �ld�(� f2�0�, I �Ctcre Set �y eta�td a�d eause.d t�t� S�Qe o� t�e ��ty o� ��deey to b� a{�{��xed t��s 25tP� day o� JuQy , 1994_ WILLIAM J. NEE, MAYOR THL MINUTEB OF THL Rl3GULAR MEETINC3 OF THL FRIDLLY CITY COIINCIL OF ' � JIILY 11. 1994. ' . . "rhe Reg�lar i�ieeting�.of �the Fridl�ey C�:ty Council wa��ca�led ta �csrder �. , • �t 7 :. 2 8 p . m . by Mayor Nee .� . . . � � ' . : , . . PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None PROCLAMATION• RECREATION & PARKS MONTH - JULY, 1994: Mayor Nee read and issued a proclamation proclaiming the month of July, 1994 as Recreation and Parks Month in the City of Fridley. He called upon all residents to join in this nation-wide celebra- tion bringing recognition to all the benefits derived from all the public and private recreation and park resources at the local level. Mr. Burns, City Manager, stated that there were several persons present to accept this proclamation, Recreation Leader Ann Gargaro, and Hayes playground participants, Emily Bruce, Jenny Medeck, and Krista Niznik. APPROVAL OF MINUTES: COUNCIL MEETING. JUNE 20, 1994: `""�' MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to amend the agenda by adding "Reconsideration of the Action on Variance Request, VAR #94-08, by Wayne Dahl," after the last item of Old Business. Seconded by FRIDLEY CITY COIINCIL MEETiNG OF JIILY ll, 1994 PAGE 2 Coun.cilwoman Jorgenson. �Upon a-v�ice vote, Councilman Schneider.; . � Councilwoman �orger�sori, Mayor Nee. an�i CounciZrcian Biilings �ro-ted �n favor of the�motion. Councilwoman Bo3.kcom voted against the motion. Mayor Nee declared the motion carried. OPEN FORUM, VISITORS: UPDATE BY ANOKA COUNTY SHERIFF. KENNETH G. WILKINSON: Mr. Kenneth Wilkinson, Anoka County Sheriff, stated that he appreciated the opportunity to appear before the Council this evening. He stated that the purpose of his visit is to continue the commitment of good communications between the Sheriff's Office and the cities they serve. He stated that the reTationsliip with the Fridley Police Department is a good one, and Fridley has one of the most progressive police departments in the area. Mr. Wilkinson stated that the Anoka County Sheriff's Department assisted with 328 crimes in Fridley in 1993 which was an increase from 252 the previous year. He stated those areas of investiga- tions included 109 death investigations, an increase from 58 the previous year. He stated that there was one homicide in Fridley in 1993 and eight county-wide. He stated that this is a record number in the eight years he has been Sheriff. He stated that one disturbing thing is that five of the homicides involved juveniles. He stated that this reflects the increase in violence in our society. Mr. Wilkinson stated that sexual assaults have increased i� the last five or six years. He stated that Anoka County set a record in 1993 with 610 incidents. He stated that 56 cases were in Fridley but that had decreased from 82 the previous year. He stated that in drug enforcement, there were 87 cases in Fridley, an increase of 30 from the previous year. Mr. Wilkinson stated that the County's crime scene processing unit assisted in the homicide which occurred in Fridley. He stated that the crime lab processed the scene, and the individual was taken into custody. Mr. Wilkinson stated that the County's underwater recovery team assisted in the recovery of a body near Islands of Peace. He stated that SWAT teams are also available, and they assisted in the arrest of a narcotics suspect from Texas who was traced to a location in Fridley. Mr. Wilkinson stated that the Minnesota Fugitive Task Force includes federal agencies as well as county and municipal police departments. He stated that the sole duty of this Task Force is to track and apprehend people who have committed crimes but have not been taken into custody. He stated that one County Deputy Sheriff is assigned to this Task Force. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 3 � Mr. Wilkinson.stated that they have new'cpmputerized video imaging . �. technolbgy that will help ide�tify susp�cts in criminal.investi- '� gations. He stated that th�s: system w'iil�be linked with other metropolitan counties. Mr. Wilkinson stated that he is seeking feedback from the Council on the County's performance and ways in which they may help the community. Councilman Schneider asked Mr. Wilkinson if he had any comparisons of the types of crime in the southern portion�of the County versus the northern portion, which is a rural area. Mr. Wilkinson stated that property crimes have been decreasing, but violent crimes have been increasing. He stated that assaults and domestic assaults �are increasing. Councilman Schneider asked if the County is involved in the problems in the Sheffieid neighborhood in Columbia Heights. He questioned what Fridley could do to prevent these situations. Mr. Wilkinson stated that the County worked closely with the Columbia Heights Police Departm�nt in assisting in that area with some of the problems. He felt that this was beneficial to a certain extent, and they have also worked with the Fridley Police Department in certain incidents. Mayor Nee thanked Sheriff Wilkinson for his update. He stated that the Fridley Police Department is pleased with the operations of the Anolca County Sheriff's Department. Councilman Billings stated that he felt the level of professional- ism Sheriff Wilkinson brings to the Anoka County Sheriff's Depart- ment is exemplary. He felt that this professionalism is beyond compare to any other department in the metropolitan area, and he is pleased and proud to have Mr. Wilkinson as Sheriff of Anoka County. CAROLEE ZENTER, 995 LYNDE DRIVE: Ms. Zenter stated that she is one of�the co-chairs of the Fridley Property Managers Coalition. She stated that she is receiving a lot of positive feedback from owners, and they have been renting to good tenants. She stated that she received a call from a person from New Jersey commenting on the cleanliness of the City. She stated that the services she provides are free to owners and prospective residents. She stated that she assists with referrals and had 61 calls on Sunday for apartments. Councilman Schneider stated that he hoped her enthusiasm and support would be contagious and appreciated her efforts. FRIDLE'Y CIT�i �.COUNCIL MEETING aF JIILY..31, . 19�94 � P�i6E 4� ' . . .. . . • `,PUBLIC .HEARZNG: ', . . .. .. .. , . ' • . . � . � . .. ' .. • �: �. l. PUBL�C �HEA�ING ON' AN dRDINANCE AM�NDING CHAPTER 2�AND�. � SECTION 4.04 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 Councilman Billings. Upon a qoice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:03 p.m. Ms. Terrie Mau, of the Charter Commission, highlighted some of the proposed amendments to the City Charter. She stated that the section where there had been a problem with has been withdrawn and will be addressed by the Charter.Commission in the fall.. She stated that the amendments clarify the �source of the council- manager plan of government; deletes languag.e which was required for the transition to elections in even numbered years; and links the election. of .mayor ..and councilmemb.er-at-large to. presidential election years and of ward councilmembers to gubernatorial election years; clarifies wl�en term5 of office begin and end; explains how the mayor takes coritrol in time.of an emergency; clarifies the disqualifications of councilmembers from being employed by the City in other capacities; provides for a special election to fill vacancies; provides for restoration of the council in case the membership is reduced to two or less; and deletes obsolete language from the original charter. Councilman Schneider asked which section clarifies how vacancies are filled if they occur in the years one through three of the term. Ms. Mau stated that Section 2.06, sub-section 2, refers to how the vacancies are filled in the time period referred to by Councilman Schneider. No other persons in the audience spoke regarding these proposed Charter amendments. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:10 p.m. OLD BUSINESS- 2. APPOINTMENT TO HUMAN RESOURCES COMMISSION (TABLED MARCH 21 1994 : Mayor Nee removed this item from the table. FRIDLEY CITY COIINCIL M$ETING OF JOLY �1, 1994 .PAGE 5 . MOTION by Counciliinan� �Schne.ide�` to nt�minate� Jeann� �Raffesberger':: for �appointment �a the Ht�man .R�sources. Commissipn •far� the t.erm which expires° on Apri�l 2 j 1997�. ' : � . •� � � � . . . There being no further nominations, the naminations were closed by Mayor Nee. MOTION by Councilman Schneider to cast an unanimous ballot for the appointment of Jeanne Raffesberger to the Human Resources Commis- sion. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. RECEIVE ITEMS FROM THE PLANNING COMMISSION MEETING OF JUNE 1, 1994 (TABLED JUNE 20, 1994): A. SPECIAL USE PERMIT REOUEST, SP #94-03, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE), GENERALLY LOCATED ON THE SOUTH SIDE OF BUFFALO STREET EAST OF RIVERVTEW TERRACE: AND B. SPECIAL USE PERMIT RE4UEST, SP #94-04, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE), GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF BROAD AVENUE• AND C. SPECIAL USE PERMIT RE4UEST, SP #94-05, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE), GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF BROAD AVENUE• Mayor Nee removed these items, Special Use Permit Requests, SP #94-03, #94-04, and #94-05 from the table. Ms. Dacy, Community Development Director, stated that at the June 20 Council meeting, a number of issues were raised pertaining to these three properties. She stated that one of the questions was regarding the status and safety of the Coon Rapids dam. She stated that she received a letter from Mr. Mel Sinn with the Department of Natural Resources. He stated that there are major repairs planned by the Suburban Hennepin Regional Park District, owners of the dam, to enhance the potential for hydropower at this site. She stated that Mr. Sinn said that the dam's foundation is in good condition and stable. Ms. Dacy stated that another issue was the height of the new homes that would be constructed on these sites. She stated that after conferring with the City Attorney's office, if the Council approves the special use permits, it is recommended an additional stipula- tion be added stating the building height shall not exceed 30 feet measured from the existing elevation and complying with the defini- tion of the height in the building code, Section 205.02.11. She stated that the definition of building height is not measured from FRIDLEY CITY COUNCI�L MEETING aF JIILY 11, 1994 ' PAGE 6 . ,. : --�- - ....: .. . ... � � _ �.. .. , . . .. � : . the ground to tlie • pi�k. of� the roo�: Slie outliried the �typical . definition � of building. height� from the bui}.d�irtg code. . Ms. Dacy stated that the question on drainage was raised and how it may impact other homes i� the area. She stated that Council can adopt specific stipulations regarding drainage and use .this plan to evaluate the building plans. She stated that if violations occur that are directly related to the stipulations of the special use permit, action could be filed against the property owner. She stated that the Public Works Department has also identified a potential project to replace an eight inch line in 79th Way with a ten inch line when the street is upgraded. Ms. Dacy stated that if the Council approves these special use permits, it is recommended that the stipulation be added regarding the height of the homes. She stated that the petitioner, Mr. Hedlund, was present this evening to answer any questions. Councilwoman Bolkcom asked if there was a plan now to upgrade the sewer line. Mr. Flora, Public Works Director, stated that there was no plan at this time. Councilman Billings asked if the petitioner was aware and has agreed to the stipulations on the special use permits. Mr. Hedlund, the petitioner, stated �hat he did not know how the stipulation on the height of the homes would impact construction. He stated that he has to fill the lots and to take four feet away from the height may be a problem. Councilman Billings felt that in the worse case scenario, a two- story home probably could not be built on the lowest lot, and a rambler would have to be constructed. Mr. Hedlund stated that the problem is that a rambler would not be practical given the setbacks and fill needed for the lots. Councilman Billings asked how the lots compare with the existing street grade. Ms. Dacy stated that the Buffalo Street lot is below the street grade, and the lots on Dover and Cheryl Streets are about the same. Councilman Billings stated that he did not feel this stipulation on the height was unusual, as it addresses concerns which were raised. He felt that the character of the neighborhood should be maintained, and this stipulation would also allow Mr. Hedlund to develop his property and satisfy everyone's needs in a practical manner. FRIDLEY CITX COIINCIL MEETING OF JIILY 11, 1994 PAGE 7 Mr. H.edlund stated that he did not think there is a problem, � as ��, there. �re . a� variety� . o.f different � stXle� homes in all ..Fridley . neighborhoods. He felt that 'it was unfair to him io place. restric- = tions if he wants to build a certain type.of home on that lot. Councilwoman Bolkcom stated that this is an unusual situation. She stated that several neighbors in the area are very concerned about the height of the home and other issues. Mr. Hedlund stated that the fact that the lots are in the flood plain should not affect the type of home that is constructed. He stated that the physical construction of the homes would not be a lot different than others in Fridley. Councilwoman Bolkcom stated that the lot has to be raised because of the locat�on in the flood plain. She felt that one of the biggest concerns was that no one knows what type of home is going to be built on these lots. Mr. Hedlund stated that if the construction is good for him and the owner, it would be good for the City. He would not create some- thing that is a 1ot different from other homes. Councilwoman Jorgenson felt that the added stipulation r.egarding the height is a way to a_ssure some uniformity in that neighborhood. She stated that if the owner wished to exceed the height require- ment, there is the variance process. - Mr. Hedlund felt that when someone is told they have to come up with new plans and go to the Council for approval, they normally do not proceed. He felt that it is an unfair request, as this four feet could be important. Councilwoman Schneider stated that there are restrictions on these lots because they are located in the flood plain and because the City wants to protect the neighborhood. He stated that if it was a normal lot, these special use permit requests would not be necessary. Mr. Herrick, City Attorney, stated that what differentiates this situation from others is that because of the flood plain legislation, these lots have to be raised. He stated that if all the lots on the street were being built up, there would not be a problem. He stated that the preblem arises because some of the lots on the street, which already have homes, have not been built to this required elevation. Mr. Herrick stated that when fill is added to these lots and then a two-story home is constructed, it will appear higher than in a neighborhood where the lots have not been raised. He stated that the City is obligated to approve a special use permit as long as the use of the property does not adversely affect the City or the neighborhood. He stated that the question the Council has to answer is if allowing a 30 foot height would have an adverse impact on the neighborhood or adjacent . FRIDLEY CITY COUNCIL MEETING OF JIILY 11,�1994 PAGE 8 propert.ies: �He stated that the Counci�l also ha.s the authority�to impose . reasonab.le condit.ions . on the specia]. use�_ per.mits .- Mr. Hedlund stated that he doubted if these conditions�were placed on homes built in the last five or ten years. . Councilman Billings stated that in the past where there is construction in the flood plain, the Council actually has the building plans and elevation drawings presented before a determination is made on how it would impact the neighborhood. Mr. Herrick suggested that Mr. Hedlund review split level house plans to determine if there is a problem in constructing a reasonable home on these lots. Mr. Burns, City Manager, stated that if there is a 30 foot height restriction, which included the four feet of fill, it would reduce the height of the home to 26 feet. He felt that a typical split entry home was within that parameter and probably would not be too restrictive. Mr. Hedlund stated that it may not be a problem, but he would not want to agree to the stipulation and find out later it was a mistake. Councilwoman Bolkcom stated that this item could be tabled so that Mr. Hedlund could research this issue. Mr. Hedlund stated that he would review it, but he did not knok� if he could come up with a plan. MOTION by Councilwoman Bolkcom to table Special Use Permits, SP #94-03, SP #94-04, and SP #94-05. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE AN ITEM FORM THE APPEALS COMMISSION MEETING OF JUNE 7 1994 (TABLED JUNE 20 1994)• A. VARIANCE REOUEST VAR #94-06 BY MILLER FUNERAL HOME TO INCREASE THE AMOUNT OF FREE-STANDING SIGNAGE FROM 80 S UARE FEET TO 98 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A FREE STANDING SIGN GENERALLY LOCATED AT 6210 HIGHWAY 65 N.E.: Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this is a request for a variance to increase the sign area of a free standing sign from 80 square feet to 98 square feet. She stated that a new 80 square foot sign has been installed that faces Highway 65, and the petitioner wishes to replace an existing sign on West Moore Lake Drive. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 9 � `�� I�is .� Da�cy stated that whe�� the � petition,er:�•ol��ained� a permit� fo'r� th� - 80 sc�uaze. .f.pat sign,, there y. was. no. record o�f• a permit. ...for� � the existi�rig 24 _ sq�a�e �foot sign q�i�West MOore �Lake. Dr�ive•.� Sh� stated that, therefore, a variance was necessary to replace this sign. Ms. Dacy stated that the Appeals Commission and City staff have recommended denial of this variance based on the fact that it does not meet the criteria for a variance. She stated that the Appeals Commission was concerned about setting a precedent, and because the petitioner could install other directional signs: Mr. Scott Lexvold, representing Miller Funeral Home, stated that at the Appeals Commission meeting, he presented several facts that stress this was an undue hardship and that the variance was rea- sonable. He stated that the Appeals Commission decided it was not reasonable, and the staff report did not have a lot of facts, as they felt the lot had good visibility from Highway 65. He stated that the funeral home also has access from West Moore Lake Drive and without the directional sign, there is no identification of their property on West Moore Lake Drive. � Mr. Lexvold stated that the use of this property is unique, as there are not any other funeral homes in Fridley. He stated that persons have had a problem in finding the funeral home and locating parking. He stated that the sign code allows one sign per street frontage. He stated that the 24 square foot sign was in need of repair and they discovered .that they had a problem when they wanted to replace it. He stated that he did not feel a smaller sign would be any more obtrusive than what now exists. Mr. Lexvold stated that the staff report refers to.visual pol�utiori and does not address the safety of the coYnmunity. He felt that it was important to have these signs to properly direct people and to prevent problems at this intersection. He stated that the spirit and the intent of the sign code was not to eliminate signs but to avoid clutter. He stated that he did not feel the variance would be against the spirit and the intent of the sign code. Councilman Schneider stated that if the new sign on Highway 65 was smaller, a variance would not be needed for this parking or direc- tional sign. He asked if the person constructing the sign advised them as to what size was allowed. Mr. Lexvold stated that the person constructing their. 80 square foot sign probably did not know they had the other sign. Councilman Schneider asked if it would.be possible to reduce the parking sign or the directional sign so that it meets the require- ments of the code. Councilwoman Bolkcom stated that she cannot understand why there would be a problem with the parking, as it is immediately adjacent to the funeral home. � FRIDLEY CITY COUNCIL MEETINQ OF JIILY 11, 1994 PAGE 10 � Mz.� Lexvold stated tPi.at tiiey are �- al�so ' trying� t�o �.ident� fy � the .� - building wi.th the parking �: siqn",� �as:...people :�:come� �f�om. Universit,.y . �� venue by way o•f :West M'oare Lake Urive and �;get� to. I-lighw�y 65� be�bre.�. they realize they have passed the-funeral home. He stated.that they are.trying to get people to their building with the least ainount o f. probl ems , Councilwoman Jorgenson asked if the sign on Highway 65 could be placed closer to West Moore Lake Drive so that it is visible from both streets. Mr. Lexvold stated that in order to locate the sign closer to West More Lake Drive, a large tree would have to be removed and land- scaping redone. Councilwoman Jorgenson asked Mr. Le�cvold if he know how much of their traffic comes from West Moore Lake Drive. Mr. Lexvo,ld stated that he did not have any statistics. Councilman Schneider stated that there is a question whether a variance is realiy needed. He asked Mr. Lexvold to try to come up with a proposal that would meet the code requirements for a directional sign. � MOTION by Councilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. ORDINANCE N0. 1030 APPROVING A REZONING RE4UEST, ZOA #94-01 BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR. TO REZONE PROPERTY FROM C-3, GENERAL SHOPPING CENTER DfSTRICT, TO M-1, LIGHT INDUSTRIAL, GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 lf2 AVENUE: MOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 1030 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. ORDINANCE NO. 1031 APPROVING A VACATION RE4UEST, SAV #94-01 BY SCOTT LUND AND ALVAN SCHRADER. TO VACATE A 15 FOOT DRAINAGE AND UTILITY EASEMENT, GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE: MOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 1031 on the second reading and order publica- tion, subject to the following stipulations: (1) petitioner shall provide a copy of the temporary grading easement from the property to the west; (2) a concrete x-gutter should be installed at the driveway entrance; and (3) concrete curb and gutter should be B612 type curbing. Seconded by Councilwoman Jorgenson. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 11 Couneilman Billings�st�ted�that as a result of the�public.hearing on this va�ation request;�adjacent property own+ers.were asked to sign that they riad no objectio.�s. �He stated that the petit�ioner, Mr. Lund, has been talking to the adjacent property owners, and it appears there is a drainage pipe from the trailer court that runs across his property and is not necessarily in the drainage ease- ment. He stated it now appears that Mr. Lund will have to spend $6, 000 to $10, 000 to replace that drainage pipe which he is not sure should be there because it is not in the drainage easement. Councilman Billings stated that the adjacent property owner to the east, Mr. Buzick, stated that he was before the Council several years ago regarding the storm water problems in the area. At that time, the Council informed him they would have to review the drainage on a larger scale, rather than just his property and the property immediately adjacent. Councilman Billings felt that because someone is developing a piece of property, he should not necessarily have to provide adequate drainage for the entire area. He stated that he would like to have a drainage study completed to determine who is responsible for drainage in this area. Ms. Dacy, Community Development Director, stated that the existing pipe that removes water from the mobile home park is now dis- charging in the northeast corner of Mr. Lund's property. She stated that Mr. Lund is obtaining an estimate to connect the discharge pipe to the pond. Ms. Dacy stated that Mr. Buzick owns property to the south and east. She noted the problems that he is having and that runoff from the Super America station was backing up to his system. She stated that each property owner is responsible for maintaining water on his property. She stated that Mr. Buzick and Mr. Determan both installed drainage systems. She stated that Mr. Lund is accepting water from adjacent properties and, if Mr. Lund develops the land, owners wouid be responsible for maintaining water on their property. Councilman Billings stated that Mr. Determan previously had an open ditch before the underground pipe was installed. Ms. Dacy stated that installation of the underground pipe was part of Mr. Determan's parking lot expansion. Councilman Billings felt that it should be determined who is re- sponsible for the storm water and what kind of plan exists to handle the storm water. He stated that it appears something more than natural drainage is taking place, and the issue should be. addressed on who is responsible. Mr. Flora, Public Works Director, stated that there are a number of issues. He stated that the drainage system in this area was FRIDLEY CiTY CQUNCIL.MEETING OF JULY.11, 1994 PAGE 12 � est.ablish�c� fia�y�yeats� ago.�' Ii�e� stated ��hat �storm water �omes fr.om Spring� i,ake .Pa�k_�arid: Maunds� View and drains; through,�this, systen�. • �He sta�ed � tiiat � the City � is,�'worki�g w�ith .the County in conjunction� with the upgrade of�Central Aven�}e, and it is hoped that ponding� will be established in Spring Lake Park during this improvement. Mounds View has plans to deal with their water on Stinson Boulevard. He stated that as those projects develop, there probably will be reduced flow, but no major studies have been done for this area. Mr. Lund stated that he did not want to receive everyone else's water, and that he has to install a pipe. He felt that this drainage problem has to be addressed on a broader scope as new development occurs. Mr. Flora stated that he did not personally fee]. this project is a problem. He stated that if there are problems, individual owners deal with their own water. Mr. Lund stated that he did not want to go to the expense of installing the piping and then have to change it at some future date. Mr. Herrick, City Attorney, felt that perhaps Mr. Lund shoulcl address this issue with the property owner to the north. He felt that there should be some determination as to the history of this water draining onto Mr. Lund's property. He stated that the usual rule is that a property owner cannot discharge his water to another property without approval of the owner or without having a valid easement. Councilman Schneider asked Mr. Lund how much piping he had to install. Mr. Lund stated that there is a twelve inch pipe in the northeast corner of his property, and he would have to install about 100 feet of twelve inch pipe and then connect the back storage lot with an eighteen inch pipe for 200 feet to .the pond. He stated that this is about 300 feet of piping that was not originally figured for drainage. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION FOR ADOPTION OF THIS ORDINANCE, all voted aye, and Mayor Nee declared the motion carried unanimously. 7. ORDINANCE NO. 1032 APPROVING A ZONING TEXT AMENDMENT ZTA #94-01, BY WILLIAM TURNER, TO RECODIFY THE FRIDLEY CITY CODE CHAPTER 205 ENTITLED "ZONING " BY AMENDING SECTIONS 205.03 205.14.1.B, 205.14.1.C, 205.15.1.B� AND 205.15.1.C: MOTION by Councilman Billings to waive the second reading and adopt Ordinance No. 1032 on the second reading and order publication. FRID�EY CITY• COONCIL MFETING OF JOLY 11�, 1994 PAGE 13 � � • � Seconded .by ��ouncilwflma� . Bo•1kcQm. Upon a vo�ce .vote, �a�'1 vflting ' �� a e - � Ma. or. Nee dec],a�ed �e ;-mot�i�ri -�car.�3ed.:.una�n�xtrotxsl � � � � � _ 1� , Y . . �' : � • , . . . ... _ , ... ..: .; . . ...�. ,... _. _ . . � 8. ORDINANCE NO. 1033 REPEALING CHAPTER.220''OF THE FRIDLEY CITY ` CODE AND ADOPTING A NEW CHAPTER ENTITLED "RESIDENTIAL RENTAL i: PRQPERTY.-MAINT.ENANCE AND LICENSING CODE:" Ms. Dacy, Community Development Director, stated that since the last meeting, staff has followed up on the concerns identified by the Council. Ms. Dacy stated that some definitions have been amended to be con- sistent with the zoning code such as the definition for a one- family dwelling. Definitions were added for a non-resident owner and agent. She stated that Section 220.08 was revised regarding the responsibilities of occupants and owners. She stated that it is the responsibility of the occupant and owner to abide by the provisions of Section 220.14 regarding tenant behavior. Ms. Dacy stated that the ordinance was_.also amended in regard to snow and ice removal for dwellings of two or more units. She stated that the language was clarified on minimum electrical standards and the Minnesota Energy Code standards were adopted for:temperatures of. water coming out of a water heater. She stated that the City Attorney's office suggested a minor change in the revocation portion of the ordinance to provide the right of legal represen- tation during the hearing process. Councilman Schneider stated that he wished to compliment staff in compiling this ordinance and in assessing the needs of the commun- ity and the property owners. He stated that he would support this ordinance, and he hoped it would have a positive impact on the community. Councilman Schneider stated that in regard to the fee structure, he would not object to a moderate fee increase in the first year and then go above what is suggested in the second and third years, so that the final result of the increased fees would still remain the same by the end of the third year. Councilman Billings stated that the most extensive fee is $25.00 per unit a year, which is approximately $2.00 a unit per month. Councilwoman Jorgenson stated that she felt comfortable with the fee schedule, as she felt they were reasonable. Both Mayor Nee and Councilwoman Bolkcom indicated .that they did not have strong feelings one way or the other to adopt the fee schedule as proposed or to phase it in over a period of time. MOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 1033 on the second reading. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee � FRIDLEY CITY COUN�I� MRTTING OF' JDLY 11; 3,994 '��'- �PAC3E 14 �� . , , .. . . . . _ - � � . declared the ��ino�i�in carried �uriartiYnou�s-ly�..�'�; �See .�A�e�da ��fem No:•� �.�� .' : :. wY�ich :��apgr.oves ,.tiiie�.�pu3��licatic�n ��onip�-:o�.,.'th�•:.Off�iciaT::;Tit1-e and�� , . :.� � . 5ummary of' this drdinance No. � 103�3)�: . � . � �. . . � . � �� . . ' . 8A. RECONSIDERATION OF ACTION TAKEN ON VARIANCE RE�UEST ; _ VAR #94-08,1 BY WAYNE.. DAHL: . . . . _ _ MOTION by Councilman Schneider to reaonsider .the action taken.on Variance Request, VAR #94-08 by Wayne Dahl. Secorided �y Council- woman Jorgenson. Councilman Schneider stated that at the time this item was before the Council in the early morning hours of the last Council meeting, he felt he made a mistake on his vote. Perhaps he would have possibly voted differently if it was an earlier hour. Councilman Schneider stated that in fairness to the residents in the area, he felt action should not be taken this evening, but , CounciT shoul,d consider the motion �or.reconsideration.of the item._ and then table this item to the next regular meeting. He felt that this would give staff time to notiiy the interested parties. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Jorgenson, Councilman Schneider, Mayor Nee, and Councilwoman Bolkaom voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion for reconsideration carried by a 4 to 1 vote. Councilman Billings felt it would be appropriate to receive the memo from Mayor Nee dated June 22, 1994 pertaining to the riverfront variance policy. � MOTION by Councilman Billings to receive this memo from Mayor Nee dated June 22, 1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to table action on reconsideration of Variance Request, VAR #94-08 to the August 1, 1994 meeting and request staff to re-notify the persons who previously attended the June 20 meeting and bring back all pertinent information regarding this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 9. MOTION TO APPROVE THE OFFICIAL TITLE AND SUMMARY OF ORDINANCE NO. 1033 REPEALING CHAPTER 220 OF THE FRIDLEY CITY CODE AND ADOPTING A NEW CHAPTER ENTITLED "RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE:" MOTION by Councilman Schneider to approve the Official Title and Summary of Ordinance No. 1033 and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JULY 11 1994 PAGE 15 ' � 10. RECEIVE THE MINUTES OF THE PLANNING CpMMISSION ME�TING�OF JUNE 29, 1994: ' A. AUTHORIZE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR A PLAT REQUEST. P.S. #94-05 BY KEITH EIBENSTEINER FOR BILTMORE CONSTRUCTION OF NEW BRIGHTON INC. TO SUBDIVIDE PROPERTY INTO NINE NEW SINGLE FAMTLY LOTS GENERALLY LOCATED IN THE SOUTHEAST CORNER OF THE TOTINO-GRACE HIGH SCHOOL PROPERTY AT 1350 GARDENA AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this plat request is for the Totino-Grace High School property. She stated that the owner wishes to subdivide the southeast corner of that site into seven single family lots and the southwest corner of the property into two home sites. Ms. Dacy stated that the Planning Commission voted three to two to table this item, have Council consider ordering an Environ-mental Assessment Worksheet (EAW), and have the plat go back to the Planning Com�nission on completion of the EAW or the end of 120 days, whichever comes first. She stated that the reason for requesting an EAW was because of a petition submitted by neighboring property owners. Mr. Herrick, City Attorney, stated that he has done some research into the statute and rules that have been adopted by the State Environmental Quality Board. He stated that there is a provision in the rules that allows for a discretionary EAW, but it also provides that the discretion does not apply if the property is ,exempt. He stated that the Environmental Quality Board has ruled that this project is exempt. An examination of the rules clearly indicates that a project of this size is exempt from the require- ments. He stated that it is his opinion the.City does not have the discretionary authority to order an EAW on this project. He stated that the City cannot require the developer to go through the EAW process. Councilman Schneider stated that there were a number of environ- mental concerns raised. He asked what the City could do to insure that the environmental issues are addressed. Mr. Herrick stated that he has not explored other alternatives, and he is not prepared with an answer this evening. He stated that the only question he has reviewed is the matter of the Environmental Assessment Worksheet. Councilman Schneider asked the City's obligations as far as this plat. Mr. Herrick stated that there are several Supreme Court cases that indicate the City is obligated to approve a.plat if the developer meets all the requirements of the ordinance. He stated that it FRIDLEY CITY COUNCIL MEETiNG OF JIILY 1�, 1994 PAGE.16 ` would be his �feeYing� that the �City can apply reasonakile l�imitatioiis or conditions on the plat approval, but he does not feel that the City has the. authority to prevent the owner from developing the property, as long as it is properly zoned and meets the require- ments of the City's platting ordinance. He stated that staff has recommended conditions that deal with many of the concerns of the residents. Councilman Schneider stated that aside from the EAW, he thought there was a request to the Planning Commission to take this plat through the City's Environmental Quality and Energy Commission and Parks and Recreation Commission. He stated that if the City does not want development on this site, the option would be to acquire the property. He stated that all that is before the Council this evening is the request for an EAW, and there is no recommendation from the Planning Commission on the merits of the plat. Councilman Billings stated that in 1986 or 1987, there was a glat proposed north of the Islamic Center and east of 60th Avenue that dead' ends near Oakwood. He stated that the area was similar in nature to this proposed plat, and he wanted to know what was done on that particular plat. Councilman Billings also wanted to know the size of the North Innsbruck Nature Center and how and when the City acquired it. He stated that in the Planning Commission minutes, there is a lot of reference to Peck's Woods. He stated that he would like to know the original land area covered by Peck's Woods, and when Arthur Street area was developed if it was part of the original Peck's Woods. He questioned if there ever has been any considera-tion by any prior City Councils to acquire all or any of Peck's Woods for a park and the results of this discussion. Councilman Billings stated that Council has set aside a certain amount of open space in Fridley, and he would like to know the number of acres in North Innsbruck Park, as well as Springbrook Nature Center, and when they were dedicated to be open space. Councilman Billings stated that in reading the Planning Commission minutes, there are several references by residents who have testi- fied to ferns and woodland plants unique to the Fridley area. He questioned how unique these plants and vegetation were to the area and if they are found only in this particular woods. He stated that this would certainly have an impact on the decision that has to be made. He stated that there is also reference to trees cut down on the Wal-Mart site, and he would like a report as to whether or not the developer observed the commitment to preserve the oak trees on the Wal-Mart site. Councilman Billings stated that in the Planning Commission minutes there was reference to funds available fron a third party that would be willing to purchase the property and give it to the City. FRIDLEY CITY CO CIL MEETING OF. JIILY 11 1994 PAGE 17 � � � He •stated that:��i�f there� �is •an, agency that -�has $25�, 000 �and � that � � agency wants to purchase the property and give it to the City, he would like to know about it. Councilman ScY�neider stated that he believed staff should research this issue and the questions raised by Councilman Billings. He questioned how the City rates compared to national or state stan- dards for passive recreation areas and if we are inadequate or have more than adequate areas. He stated that another question is what kind of use is being made of North Innsbruck Park today, if the City should acquire the property, and what the cost is for main- taining it. He felt that the key issue is identifying if this property is really unique. Mr. John Haluska, 5660 Arthur Street, stated that he is involved with the organization, Friends of Innsbruck Park, and he represents the petitioners on the request for an EAW. He stated that they are appreciative of the City's planning staff who has helped them through this entire process. He stated that Michele McPherson has been very cooperative, and he felt the Council should be aware of the professionalism of the planning staff. He stated that the request for an EAW did not come before the Council because of the petition but because of the deliberations of the Planning Commission. He stated that the petition was drafted to get this issue before the Planning Commission and Council. Mr. Haluska stated.that there certainly is not any requirement to require anyone to conduct an Environmental Assessment Worksheet (EAW). He stated that there are two agencies involved, the City and the Rice Creek Watershed District, because there are two wetlands on the property. He stated that both the City and the Watershed District have the right to require an EAW of any particular developer. He stated that he has been involved in that process in other areas and just completed working with the legis- lature on a similar request. He asked that the City Attorney check with the Environmental Quality Board staff and clarify this issue. Mr. Haluska stated that there may be some reason that a small residential development is exempt, but he is not aware of it. He stated that this is a large-scale project in terms of the ecological issues. He stated that the Friends of Innsbruck Park are fully supportive of an EAW and support the request of the Planning Commission. Mr. Haluska stated that he would like to suggest that this issue also be submitted to the City's Environmental Quality and Energy Commission and the Parks and Recreation Commission. He felt that the information has to be brought before all relevant commissions. He stated that this is not just an important site to the City because of its ecological existence, but because it provides a unique urban forest. He stated that he would support the Council tabling this item and gathering all pertinent information. .FRID�EY CTTY COtTNCI� MEETING OF JIILY 11. 1994 �PAGE 18 - �. '�1�Ir. iier.rick a�ked Mr,: Haluska if he has read �.th� state �rul�s ori� an Environmental Assessment Worksheet. Mr. Haluska stated that he has read them several times and also worked with several attorneys on it. He felt that it is clear that. it is up to the local governmental unit to make its decision. He stated that any governmental unit can do it. He stated that in this case, it probably would ?ae the City or the Watershed District. Mr. Herrick stated that his interpretation of the rules is different. He stated that he did not mind checking with the attorney for the Environmental Quality Board, but when he called him last week he was not available. Mr. Haluska stated that it seems apparent there is not any compre- hensive plan in dealing with these situations. He felt that it would be prudent for the Council to have an inventory of these parcels. Councilwoman Jorgenson asked if the wooded area around Moore Lake is part of the same area. Mr. Haluska stated that there is mixed oak in the area around Moore Lake. He stated that there was a biological heritage series done for the state. The people working on this series are available. He stated that he has given their names to City staff. Mayor Nee asked about the availability of funds. Mr. Haluska stated that he felt the City should use the trust for public land funds. He stated that they are a national organi- zation, are well funded, and very interested in doing something in a suburban setting. He stated that they acquire property that is in jeopardy for public use. He stated that he is speaking in terms of between $200,000 to $300,000. They are supportive of it and want to meet with the City. Mayor Nee stated that the reason programming is minimal at North Innsbruck Park is that resources have been diverted to Springbrook Nature Center. Mr. Haluska stated that he understands and that was the reason for suggesting the survey and ranking the projects. Councilwoman Jorgenson stated that several years ago she requested an increase in nature center activities at North Innsbruck Park, but most have been cancelled due to lack of interest. Mr. Kirk, Director of Recreation and Natural Resources, stated that the City scheduled regular nature programs. At times no one or only on� person would participate in these activities. He stated that iF they received requests they would have organize the FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 19 activities, but the p�rticipation was not good. Therefore, it has been several years since any activities have been scheduled. Mr. Gordon Backlund, 5805 Arthur Street, stated that the front of his property faces Arthur Street where this development is proposed. He stated that at the Planning Commission meeting, Mr. Fallon, who represents the Archdiocese, stated that they want to use this property to fund their activities. He stated that it seems their interest is financial. He stated that he would not object to what is considered legitimate use of private property, but he felt it would be in the City's best interests to take a look at what that property could mean to the City. He felt that if the property is to be developed, it should be done as unobtrusively as possible, and the wooded areas should be protected as much as possible. He stated that formal activities ceased when Springbrook Nature Center was developed., but there continues to be informal activities. �r. Mike Black, Royal Oaks Realty, stated that the attorneys have been in contact with the City's attorney. It is their opinion that the EAW is exempt, but they are not opposed to addressing environ- mental concerns. He stated that City staff did an excellent job in addressing these concerns. He stated that the plat more than. exceeds the platting requirements in regard to lot size, and they would comply with all requirements for �and deve.lopment. Mr. Black stated that staff submitted stipulations to the Planning Commission, and they are in agreement with all these stipulations. He stated that they have delineated the wetlands on the site, and it is their intent not to impact any wetland. He felt that they have taken a very careful approach in development of the site, but some of trees would be impacted, as they would be constructing a 60 foot right-of-way for a cul-de-sac. Mr. Black stated that their company currently has projects in Woodbury, Cottage Grove, Eagan, Inver Grove Heights, and some of the neighboring townships. He stated that they are a reputable firm, and these will be very expensive lots and homes. He stated that they do not object to looking at any local environmental concerns and would be willing to work with staff on those issues. He stated that this really is not a state issue as noted by the Environmental Quality Board. He stated that if they can provide additional information on the environmental impact, they would cooperate with the City. He requested this to be done in a timely manner so that they can proceed accordingly. Mr. Black stated that there has been some discussion about the possible purchase of the property, and they are certainly willing to consider and entertain any offer that may come forward. MOTION by Councilman Schneider to table consideration of this request by the Planning Commission for an Environmental Assessment FRIDLEY CITY COUNCIL MEETING OF JOLY 11, 1994 PAGE 20 . Worksheet.:on'•P}..at :Request, P..S. ,#94-05 to� t�ie� hext� Cauhci}: 'meeting �. ��on. July 25 and�.=�eqtiest: the EYty �Attoxney � tb further � research both � the E.AW and other possible actions.that can be taken to assess.the erivironmental-i$sue. Further, staff is directed to review the questions raised by the Council on this issue. Seconded by Councilwoman.Jorgenson. Upon a v.oice vote, all voting aye, May..or Nee.declared the motion Garried.unanimously. . � 11. RESOLUTION N0..53-1994 APPROVING PLAT, .S. #94-03, BY DAYTON- HUDSON CORPORATION, TARGET NORTHERN DISTRIBUTION CENTER, 2ND ADDITION, GENERALLY LOCATED AT 1090-73RD AVENUE N.E.: Ms. Dacy stated that the resolution in the Council's agenda errone- ously states the 3rd Addition. This should be changed to the 2nd Addition. She stated that there are a number of stipulations attached .to this plat which the Planning Commis.sion has recommended to the Council. She stated that Stipulation No. 6 was amended in response to Councilman Billings� concern about the drive�aay access of th� new lpt from 7_3rd Avenue.. She stated that.a statement was added that. �the �iziveway be used, for � eme�rg.ency purposes only.� MOTiON by Councilman Billings to adopt Resolution No. 53-1994, with the following stipulations attached as Exhibit A: (1) the petitioner shall submit detailed grading and drainage plans for a trailer parking expansion, including delineation of any wetlands located on the property prior to construction. The Planning Commission and City Council shall review the glans if the parking area provides for more storage than 100 trailers; (2) the peti- tioner shall submit a detailed bikeway and landscaping plan for relocation of the existing bikeway adjacent to the westerly lot line of Lot 1, Block 1, Target Northern Distribution.Center 2nd Addition prior to construction; (3) the petitioner shall prepare, execute, and record new bikeway easement documents and relocate the bikeway at the time of construction; (4) a joint driveway easement shall be executed between Fridley Business Center Partnership and Dayton Hudson regarding the easterly driveway located on Lot 2, Block 1, Northco 4th Addition; (5) an open air easement shall be executed and recorded against Lot 1, Block 1, Target Northern Distribution Center 2nd Addition, between Fridley Business Center Partnership and Dayton Hudson. This open air easement shall prevent construction of any structures within the 35 foot easement; (6) primary truck trailer access shall be limited to the entrance on the Central Avenue service drive with secondary access at existing Able Street. The driveway located on Lot 2, Block l, Northco 4th Addition shall be used for emergency access only; (7) park fees shall be paid at time of building permit issuance; (8) a special use permit application shall be submitted if it is determined by the City that adequate screening does not exist to screen the vehicles at time of construction; (9) a letter of credit or performance bond shall be submitted prior to construction in the amount of three percent of the total construction cost of the expansion of the parking area, bikeway/walkway, and landscaping. FRIDLEY CITY.COIINCIL MEETING OF JULY 11. 1994 PAGE 21 The bond or letter of credit �will �b� retain,ed at mir�imum �for .one� year and one full growing season; (10) existing wetlands shall not be altered, drained, or filled, including receiving direct, unfiltered runoff from parking lot expansion; and (11) a permit from the Rice Creek Watershed District shall be obtained prior to construction. Seconded by Councilman Schneider. MOTION by Councilman Billings to amend this resolution by changing the words ��3rd Addition" in the title to "2nd Addition," and also changing the words in the third line of paragraph three of this resolution from "3rd Addition" to ��2nd Addition." Seconded by Councilwoman Bolkcom. 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. 12. APPROVE AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM BETWEEN ,THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY: Ms. Dacy, Community Development Director, stated that this agree- ment must be executed before the City receives reimbursement of the SCORE funds. MOTION by Councilman Schneider to authorize the appropriate officials to enter into this agreement with Anoka County for the City's residential recycling program. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. APPROVE ADDENDUM NO. 1 TO LICENSE AGREEMENT FOR ACCESS TO THE TAXSYS SYSTEM BETWEEN THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY• Mr. Pribyl, Finance Director, stated the original license agreement that was approved on August 16, 1993 by the Council provided for inquiry only with no data input capability for the TAXSYS System. He stated that this addendum provides for data entry of information previously input by input data sheets. Councilman Schneider asked if there would be any additional costs. Mr. Pribyl stated that there would not be any additional costs. MOTION by Councilman Schneider to approve Addendum No. 1 to the License Agreement for Access to the TAXSYS System and authorize appropriate officials to sign same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �FRIDIrEY .CITY CC)UNCSL MEET.ING.�OF JULY 11, . 1994 PA(a8 22 ,� .. . . . _ . . . : , . . � � � ' �4:� :� AFsPROVE �1NYNIAL �CONTROL � CONTRACT BETWEEN "THE' CITY OF'.FRY•DLEY AND.SKYLINE VETERINARY HOSPITAi�: '. � � � Lt. Herb Zimmerinari, Fridley Police Department, stated that there are three changes in this year's animal .control contract. He stated that the �erm "sei.zed stray animals" has been added, �s well as wording referring to Min�esota State Statute MS 35.71. �I#e stated that both of these changes are for clarification purposes to differentiate�st�`ay animals from abandoned animals. He stated that the other change is an increase in the contract from $1,200 per month to $1,250 per month. Lt. Zimmerman stated that the City has been pleased with the services provided by Skyline Veterinary Hospital and recommended approval of.the contract. Councilwoman Jorgenson asked about the change in the law regarding publication of notice when animals hav.e been picked up. Lt . Z immerman stated that this would be covered under the abandoned animals. He stated that the Skyline Veterinary Hospital would have to go through this process of publiCation; however, this does not apply to stray animals. He e�lained the difference between a stray animal and an abandoned animal. The City staff was to obtain information on the number of animals destroyed and the number of licenses issued, in response to these questions by the Council. MOTION by Councilman Schneider to approve the animal control contract between the City and Skyline Veterinary Hospital and authorize the appropriate officials to sign same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. 15. RESOLUTION NO. 54-1994 RECOMMENDING APPROVAL OF THE TRANSFER OF CONTROL OF COUNTRYSIDE INVESTMENTS INC AND NORTEL CABLE CORPORATION: MOTION by Councilwoman Jorgenson to adopt Resolution No. 54-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 55-1994 AUTHORIZING THE APPROVAL OF A GRANT CONTRACT WITH THE STATE OF MINNESOTA TO BUILD AN OFF-ROAD BIKEWAY ALONG CENTRAL AVENUE WITH FUNDING FROM THE MINNESOTA COOPERATIVE GRANTS PROGRAM: MOTION by Councilman Schneider to adopt Resolution No. 55-1994. Seconded by Councilman Billings. Councilman Schneider stated that his concern was for safety regarding the busy intersection on the east side of Old Central FRIDLEY CITY COIINCIL MEETING OF JULY 11, 1994 PAGE 23 Avenue at Mississippi Stze�t. He felt tha�t it�would be better to locate this path:on the west side. � � � Councilman Billings stated that there were approximately fifteen homes on the west side of the street and seven on the east side. He stated that the two intersecting streets provide access to about fifty homes to the east of Old Central Avenue, therefore, there is more traffic on the east side of Old Central Avenue that would have a potential conflict with the bike path. He stated that those who live to the east may not be as aware of the bike path, as those who live on the west side and have it in front of their homes. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilman Billings, Mayor Nee, and Councilwoman Bolkcom voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 17. APPROVE RESTATED JOINT POWERS AGREEMENT REGARDING SIX CITIES WAT�RSHED MANAGEMENT ORGANIZATION: Mr. Flora, Public Works Director, stated that the Six Cities Watershed Management Organization attorney has restated the Joint Powers Agreement of the Six Cities Watershed District to bring it into compliance with the current state statutes. He stated that the changes reference Minnesota Statute Chapter.103, rather than the old statutes, and the other change deals with vacancies and requires the vacancy to be filled within ninety days. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into the restated Joint Powers Agreement for the Six Cities Watershed Management Organization. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RECEIVE BIDS AND AWARD CONTRACT FOR KERRY LANE STREET IMPROVEMENT PROJECT NO. ST. 1994-12: Mr. Flora, Public Works Director, stated that four bids were received for this project and the low bidder was Bituminous Consulting and Contracting Company in the amount of.$58,150. He stated that it is recommended the Council award the contract to them for the Kerry Lane Street Improvement Project No. ST. 1994-12. MOTION by Councilman Schneider to receive the following bids for Street Improvement Project No. ST. 1994-12: Bidder Total Bid Bitu�ninous Consulting & Contracting Co. 2456 Main Street NE Minneapolis, MN 55434 $58,150.00 FRIDLEY CITY COIINCIL MEETING:DF JQLY 11, 1994 PAGE 24 WcB..Mille�,. Inc. 6701 Norris Lake Rd. NW Elk River, MN 55330 Hardrives, Inc. 9724 10th Ave. N Plymouth, MN 55441 Master Asphalt Co. 10939 79th Ave. N. Maple Grove, MN 55369 $63,530.00 $63,760.00 $76,866.00 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for the Kerry Lane Street Improvement Project No. ST. 1994-12 to the low bidder, Bituminous Consulting and Contracting Company "in the amount of $58,150.00. Seconded.by Councilwoman Bolkcom. Upon a voice vote,� all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 56-1994 AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS FOR THE 52ND AVENUE FLOODWAY/CLOVER POND DIVERSION PROJECT: Mr. Flora, Public Works Director, stated that on June 27, 1994, the Columbia Heights City Council decided to proceed with the 52nd Ave- nue Floodway/Clover Pond Diversion Project. He stated that their motion was to have the City of Fridley prepare plans and specifica- tions, to advertise for bids with the stipulation that City staff work with the residents to prepare a landscaping plan, and to improve the appearance of the apartment garages by painting them and by fixing the fence. MOTION by Councilman Billings to adopt Resolution No. 56-1994. Seconded by Councilman Schneider. Councilwoman Jorgenson asked about the type of landscaping that would be used. Councilman Billings stated that the engineers believe the land- scaping will be provided in the plans. Funds have already been designated for re-landscaping. He stated that it is a matter of utilizing the funds to the best advantage and working with the property owners so that they are comfortable with the landscaping that will be done. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to direct staff to review the properties to determine if the City can address the concerns of the FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 25 City of Columbia.Heights. Seconded by Councilman Schneider. Upon a voice vote, al1 uoting aye, �Mayor Nee declared the motion carried unanimously. Mr. Flora stated that he believed that the City's Code Enforcement Officer has already begun working on this issue. 20. APPROVE CONTRIBUTION TO THE BUSINESS LANDFILL COALITION: Mr. Burns, City Manager, stated that in order to shift the burden for the Oak Grove Landfill clean-up from the business community and governmental units to all taxpayers, the Chambers of Commerce in Anoka County have hired a lobbyist, North State Advisors, to address the Legislature and re-define the responsibility for the clean-up. He stated that the Fridley Chamber of Commerce is re- questing that the City contribute $500.00 to fund the coalition expenses. Councilman Billings stated that if the City would have some re- sponsibility for this clean-up, it would cost thousands of dollars. He stated that this $500 would help pay the cost to lobby for le- gislation that could potentially save the City money. MOTION by Councilman Billings to approve a$500.00 contribution to the Business Landfill Coalition. Seconded by Councilman Schneider. Upon a voice vote, Councilman Billings, Councilman Schneider, Mayor Nee, and Councilwoman Bolkcom voted in favor of the motion. Councilwoinan Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 21. APPROVE AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN THE CITY OF MINNEAPOLIS AND THE CITY OF FRIDLEY: Mr. Burns, City Managex, stated that participation in this program allows the, City to employ students who have Federal Work Study Grants to work as interns. He stated that approval of this agree- ment is necessary in order for the City to participate in the program. He stated that these interns have worked in a number of City departments, including the areas of cable television, Community Development, and Public Works. MOTION by Councilwoman Bolkcom to approve the agreement with the City of Minneapolis for participation in the Urban Corps Program and authorize the appropriate officials to execute same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 � PAGE 26 2 3 . APPOINTME1�iT: CYTY . EMPLOYEE :� _ • � �� -� - ' � � " . Mr. Burns, City Manager, stated that he was pleased to recommend the appointment of Scott Hickok as Planning Coordinator. He stated that Mr. Hickok has a Master's Degree in Public Administration and. a Bachelor of Science Degree i�n Urban and Regional Studies `fro� Mankato State. He stated that his past experience has included Associate Planner for the.. City of. Apple Valley and Planninq Intern/Associate Planner for the City of White Bear Lake, as well as experience as a architectural design draftsman. MOTION by Councilman Schneider to concur with the following appointment by the City Manager: Name Position Scott Planning Hickok Coordinator Exempt Starting Salarv $44,428.80 per.yeaz $3,702.40 per month Starting Date July 18, 1.994. Replaces Barbara D.acy Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. CLAIMS- MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 56319 through 56635. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. LICENSES• MOTION by Councilman Billings to approve the license as submitted and as on file in the License Clerk's Office. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 26. ESTIMATES• MOTION by Councilwoman Jorgenson 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 as City Prosecuting Attorney for the Month of May, 1994 . . . . . . . . . . . . . $11,197.50 FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 27 Richmar Construction, Inc.� � � � . 7776 Alden Way NE � Fridley, MN 55432 TCAAP 63rd Avenue Booster Station Projeet No. 250 .. . . . Estimate No. 7 �. . . . . . . . . . : . �� . . . $ 3, 040. 00 NewMech Co. 1633 Eustis Street St. Paul, MN 55108 Locke Park Filter Plant Refurbishment Project No. 240 Estimate No. 6 . . . . . . . . . . . . . . $ 7, 920. 00 Schmidt Curb Co. 21504 Ahlstrom Avenue Rogers, MN 55374 1994 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 262 Estimate No. 2 . . . . . . . . . . . . . . . $ 5, 668. 08 Innovative Irrigation 10006 University Avenue N.W. Coon Rapids, MN 55448 1994 Corridor Maintenance Project No. 266 Estimate No. 3 . . . . . . . . . . . . . . . $ 3,192.95 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 11, 1994 acljourned at 11:22 p.m. . Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor �. �:� : Commun�ty Deve��op�me�.t .Depa�rt�ri�n� ; :� . . . � . . � . : � � PI�:ANNING �IVISI�ON . . � City of Fridley �DATE: TO: FROM: SUBJECT: �� July 22, 1994 William Burn_s, City Manager Barbara Dacy, Community Development Director Spec.ial Use_ Permit Requests for Gordon Hedlund; SP #94-03, SP #94-04, arid SP #94-05 .) The ..Cit�y. Council tabled acticzn.-at. ,the, July� ��, : 1994 .:meeting. to .. . permit the petit�ioner� to research typical height� of �h�ot�ses� and � to deterniine whether measuring the heiql�t of the building from the street e�evat.ion would be.too.re.strictive. The�petitioner did not submit building plans since he felt that a height stipulation was too restrictive and constituted a taking. Staff conducted its own analysis. Staff reviewed the house plans . which have been .c,onstructed in other parts ..of the flood .plain � area; specifically, the properties at 7919 Broad Avenue, 600 Ely Street, and 7995 Riverview Terrace. If the 30 foot height is measured from the existing street elevation, a typical split- level house would be two to three feet taller than the maximum height. The ridge line would have to be revised since current house designs,have steeper roof slopes. We determined that a two-story structure would also exceed the 30 foot height requirement. A one-story rambler could be constructed in. conformance with the maximum height. Staff reviewed the definition of building height. The Zoning Code states that the height is to be measured from the average elevation at the "front of the building". In all of the subject cases, the front of the building elevation is below the flood protection elevation at 822 feet. Measuring the 30 foot height requirement from that elevation would accommodate all typical house designs on the property (see cross section view of Cheryl Sireet property) and is consistent with past approvals. Based on this additional research, staff recommends that an additional stipulation be placed on each request specifying the elevation at which to measure the height of the dwelling. In all cases, the elevation is 822 feet. �Gordon Hedlund SUP's . �. • JuTy 22, 19:94. • "._ _ � . . _ - .• , . . ' � :Page: �: . . .. . . . • • .• � . : � : � . � • � � . ' - . . . . �� . . . . . . . . , . . . . The height of the dwellings were of particular concern on the Cheryl Street and Buffalo Street properties..� The att.ached cross -section shows a.total di�tance of 72 feet between.the.proposed . edge of the building pad on the vacant property and Mr. Nason's house at 614 Cheryl Street. ��though the new home.will:be above .' Nason's property, this distance provides adequate separation I between the buildings for sunlight. Because the Cheryl Street lot is large, its size helps to minimize.the impact of the height of the building. In the case of the Buffalo Street lot, the finished elevation of the property will be slightly above the elevation of Riverview Terrace and will slope down with the slope of Buffalo Street. In botl� cas�s,� the 822 elevation is four to five feet above the street elevation. If these lots were not in the floodplain, a three to four foot elevation above the street grade is typical. It should.be:.remembered that if any o.f.the adj acent homes are destroyed ..and have to .rebiai�ld, al�l new. construction must meet the same elevation requirements. Recommendation Staff recommends that the City Council approve the special use permits with the stipulations recommended by the Planning Commission, and add the following stipulation onto each special . use permit request: "� * The height of the building shall be measured from the I elevation at the front of the building at 822 feet. BD/dn M-94-395 L.[�1 L� j°� .� � �f ��( 0 `� 1 o, 1�� o G� �Ov— _...m��l � S-�R � � -r1 sa �° 3°1 s, _ z5 9� 3a 3 r � )i : � y¢ �; � � � . r 4 3 1} , � 9 ! ) � �o :c k SP �t94-04 Gordon Hedlund ,� - '.�.a�� Ffl��w�`�� /- ��, �� ►�- �e�� ► � I �� . ��r, . e � �� Z !9 1 �t,' !v _ - `° (3f � ) ' � ,�'r �o �B 7 � � e'°�9 •f9 � I ^� '., G 5 Q j`.1 0 � t� 5 • � , ' „yl (r � z, �o ?� g 8 , - _ � o . ^ o ° � � Qv3� jp � ,,I I�'. ;: S ' o �5 4 3 �Z i� � , . �• � � ✓ �� ' � 0 3,l0.� `- b,.y 3_ _ �g � � �C�� vi �`s oz2z �IQ s-` z� , STR`" o�; ;,x� � ojo � '`5�. ,30 ° ..G� � 9V�� z!o � " : :. � 8 � - s� ` 6 � = - � 9 .. �t ll .e � z3 s� ,Z� �b �`�4 3 u�o ! 9 e- , � % `r r ^z /�'�. `t �� 3� � " � � � _J� ' '$ ' ^ S..p 3 r �v Q . � �! �I��I�C� .�'60/`,3 QNS � a�v 31 ' ..� ll � � & ZG.J� �� G ,�� 9 0 �� . .. .1 . , �� f 3 . � � 3.�t /� � �s • �::£ � % t�3 Z -� e � � S �T zs 2 y6 �S,° a �A �0 8 7• 6 S� q j0 0 ..�� `�, - 13 I� 9 3o r ° ,a ?4 i 3 i i 12 e— / 3 e �� /' � � �� ' `` .. 1 �o ac e 5�E 7 & � ^ ' ' _ S fi�9� .Z° z 0) :., j3 l4 � �A � 2> � I ,."l / � � � SI,� 3 � ', (� � 9 � G p. _ fs — : a r� \ �� b ,s � . 3� ° � `�; � W��21 � � ��'°�9 8 1 � 5 4 �� „ 30 �, 103.a n 9 M ,•L�,.z �� 4, � `� y �' ,,f 8 V, 5 .¢ 3�. �.� � �) �r6O 3� o��°12 ~, e2/:`` 3n 6,� N : „s 9,u�< So �a , 10� : ,p J x- .tn12 _ r\ �-� i . ,� . ? (�s /9 = a p . v) 9��s=�S`l° ' z. . u o �?� T \ F p' � � � :v�z� • i� .(,c • t ,v, ,Z� , ,d �'; �� , � ljor.= `,, �(v -,a is • < . . � � c+) �� . �,)iq : �++):'g �� ' 1 r�,- � i3 •: ib 4 �.. , \ �jvt, .. ._. . ��VP1�� BVO!"�� 205.03.16. intersecting or intercepting street and railroad right of way, � water.way, or other barrier to or gap in the continuity o£ development • � along� .such_ street. . � � ' . ' •. S : •,.' Soardiitg, Room�ng.'or• I:odging' Hqiis'e : . ... . : . . : : . • . � Any dwelling where meals.and lodging for compensation are pr.ovided for five (5) or more people who are not members of the principal family. 9. Boulevard: . . . . _.T�at azea between the street surfacing o� curb and the public ri.ght ' of way line. 10_ Building. Any structure having walls and a roof, built for the shelter or enclosure of persons, animals or property of any kind. 11. Building I-�eight. . The vertical distance. measured �rom ,the average elevation of a finished grade at the:��fromt o.f the-bu�i�ding to the highest point in the case of a flat roof; to th�.deck line of a mansa�d roof; and to the.mean distance between eaves and ridge of .a gable, hip or gambrel roof. 12. Business. ; ` Any occupation, employment, or enterprise wherein merchandise. is exhibited or soTd or which occupies time; attention, labor or materials or where services are offered for compensation. 13: Church_ A building where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship. 14. Commercial Recreation. A place where leisure time activities are offered to the general public for a fee including, but not limited to, health clubs, racquet clubs, billiard halls and bowling alleys, but not including massage parlors. (Ref. 900) 15. Common Open Space. Any land, water or combination which is intended for the use and enjoyment of residents of a development, but not including individual building lots and land accepted for public dedication. 16. Condominium_ , \ ,� A multiple dwelling in which portions are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of these portions. A multiple dwelling . -i . . i I _ \._-- _ � 06/91 1 C 205-3 : Stipulations.for Special II$e Permit, SP #94-03 : � . � • - �. Lots _12 and � 13, Elock Y, � Riverview Heights � . . . � -�� Qeneral�.y- lacated oa the�. sOuth side tsf 'BUff�a].o � S��eet � � �. • � �..East of Riverview Terrace. . � � � � � � �Gordon Hedlund l. The petitioner shall submit.an elevation certificate in addition to a verifying survey prior to the foundation being c.apped, which shal.l verify that the minimum first floor elevation is 824. 2. The petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the 100 year flood elevation. 3. The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4. The builder shall.grade the.property to conform with the . engineering plan dated May 23, 1994. 5. The verifying survey shall confirm that the grading complies. with the plan dated May 23, 1994. 6. Rip-rap shall be placed at the end of the swale adjacent to Buffalo Street. 7�. Erosion control measures�shall be installed along the west, south, and east lot lines. 8. The petitioner shall submit retaining wall plans that have been signed by a structural engineer. The retaining wall shall be constructed of concrete or stone. 9. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 10. The petitioner shall grant a 10 foot flood control, street, utility, and drainage easement along the west lot line. 11. The grading and drainage plan shall indicate the number of trees to be preserved. 12. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. � I , , ._ , , . . SP ��94- 3 1 � 1'�' ''! - - �'e� � �n . Gordon } �,�31und J l. J._l__�___.__G.__ � � 1 i� � � •--`-�- �n � ' i • - ,Y �� I <<• � . �� i � :�� . � . . �:�.,_.� � � � :a� , � . _ . ... . . . _ �11 _ . . . ... .. . . . . .� �. � , , . . . � . • .. , ' . � .� ��,� J�'?`;• ,. . . . .. � . � : : . .' . . . .. , , � . � O � • . — ` � _ . ., ;�� '� . . � - • . . . " ' - � , - � : . - � � y. .? �'. O. O� .�'• Y ._.��1' � � . . . � r, O f � ' � ��^ . . C: � ' 7 � � � . � iJ ./ �p I � ` i• , y �...\ �' L. � . � n c �-�4 . — . - . F, ¢ ao ico; -6' � .. . �. • - r' " ', `�,./. � .o --'�, i � '. _- _T-- n� . r, _ _ � x ,l b (',+r, , x . � . . .� . � . . . . _ . . , � .t_�_ X� ��' x _o b S � ` _ . _�. �o 1 x� ` � � . �� . � 1 , . . ` `.. :� . . � .. .. �� . . � ' . ' _ - . � . ; _� � �. _ i �_� p _ `._- �_- � l t� ' t - " �) _ _ . � � / � r� ` ` � ' � � � .; � p o `� I r ` � ' C ,�, / I �i (,� 0 '_ - --`'- - - - I - . / ��i � � i V�� —� si--- o� � . . �; �,. . . ... . . � � f : � � , , , � . ,� o ,- � � ,� i . .'f � �5.� � � .� � ,�tJ � l '{j. � � O � � � �� _ Q ' c �- o , �- , o �a , � �,� � a ,�. '��. . . . �t_ � -� � � � � �� 1� � . . I � 1 (� r � p� � � I C . �/ !- � � j 9 � I / ' I � � � r \ . � ,, _, z � I � � ,- � � _ ' ` U - --,�,i„ � � - � , ci, 6i � �% �� f' � � � - -- - -- - - - -_ f - ''/ �''/ . _ `/ 1 /�., , � %1.£ j ' �',�yi `�� _ _� �� / • I - � � J- O � � � �� — � � / ' � i � cY� � 6. r� '� `�I � � � � / ` r'�,c d r / 1 � - 7 .�,`y� � / / / �� ^ ��i � .. i �. - .� ,� ` y , . , /� tP �0 ^ � � � � < C"` !-1 � � � �\ .c ,��j�' Q`, / `� / . r1 ti � � � �, \ � _ _ �'�� ;� � �� - �� . � , . � � � ��/ Q f � .� � �-,� � � - � ; � 0 1 E �= ; ir � ; i J 1 ; � � Stipulations for Special Use Permit, SP #99-04 � �Lots �9; 30, arid 31_, Block X, Ri�verview Heiqhts �. � : General.Zy lo.�ated on the. south side �of Che�y1� Street -. � . , • �.West of Broad� Avenue � •. . � Gordon Hedlund � • � 1. The petitioner shall.:subm�t an elevation aert�fic.ate.in addition to a verifying survey prior to the foundation being capped, which shall verif.y that the.minimum first floor elevation is 823.9. 2. The petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the 100 year flood elevation. 3. The fi11 placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4. The buiZder shall qrade the property to conform with the � erigineering plan dated M;ay 23, 1994.. . � 5. The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. The retaining wall indicated on the plan shall be constructed of concrete or stone. 6. Erosion control measures shall be installed along the west, south, and east lot lines. � " 7. The hold harmless agreement shall be amended to requi�e the property owner to maintain the "stormwater catch basin and pipe. 8. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability - if damage occurs as a result of flooding. 9. The grading and drainage plan shall indicate the number of trees to be preserved. 10. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. 11. . The dwelling shall be constructed in the location proposed on the grading plan. 1F � :.� ;� ..�., �. « , ...��,. - -- ��tIN •�-ow�;-,T F�oR = 8L'�.� Z`� =-.Yt'�P►7�CsO C.D+�1�U� (�,�c�.6`� SaA«> i. i CZ�..o�z�R�"i'o5e.-o �T' SLCv. % ---�j =- D2A1 t�l � t-� SP ��94-04 . �. . . • or . , dl G don He und . �-�..� a_po��,� . �-��.. ��.� t� L,� . _ � : zs� : `: : , :. . . ... : ° � � C. �� .. � `l .1._.- � � ` � �-� .�: ° : � � � ,� .� _ _ - - - ,�, �.� � ,� �i�y ti :�� qJ�� < ,,,. '� � ' � � � ` �-�'.� � '. 2 �\ \ � � — t \ __. . .. _ __- � y � • � � �� J: . 1_ a�T.-,p�LL..��ay-� c- �'� I �.F � ,v- �1 ,�pC,�`- �..� z-T (� .��. � 1 <u � U /6,,` �'�{°�. 7. 1 � `4 � � �.; . �--��11 �. T . �� ' -- -- -� ti� . � iN� C::(v<-.� f' . � . . � - ��` � .. O.'�� G�isAR J4� i � Q � . 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' � � � � . � . � . � � � ' West of Brdad. Av.enue. • . : . � ' � Gordon Hedlund � � 1.: The:pet.itioner shal� submit an e�evation certiEica�e as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum firs.t floor�elevation is 824.1. . 2. The petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the 100 year flood elevation. - 3. The fill placed on.the property shall.extend a minimum of l5 feet from the proposed dwelling unit. 4. The builder sHall grade the property to.conform with the engineering plari dated May'.23, 1994.� . 5. The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. 6. Erosion control measures shall be installed along the west, south, and east lot lines. 7: The petitioner shall exe�ute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 8. The grading and drainage plan shall indicate the number of trees to be preserved. 9. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. 11 - v r� 1 tt£REBY CfA11ff 1ttAi THIS �UKYEt. PlAl/ OR REPOkT ■�S PREPAliEO yT 4Y UA tRaOEfi 4Y DIK%GT SufivERVISiOn ,v4 TtuT I wN A Ot�T KEOfSTER ✓ �N+O �VRyEY00. Utvl)E�t ilt�--1.�. 5 or � 9i i� /�Y1 So1�. �� _ /{ � �L1.�. M I N OTA fZEG ( S �RAT I ON NO .Z�Z�o i.lill I i l J�I1� a L �� • • `� � . �� 1/\VI� AVI�V�{.1\ � iou: JEFFt�iSOn�si.'M.� ��94-05 BEARINGS AR£ ON AP! ��iu.b�a �+Eii;iiTS: wv. 5 �11 ��,:� �do-a�o9 F..x �o�2i �`�o�an Hedlu�i�MED DATU�1 � l��tJ�> �`J c'�"�o. = ext7 �� rt� SPoT Gi.Cy. — z t3u �L.o � nl �1 h�,c gAL.K �'1 �� t`CC_-� C�) : R��o o«z A��: J�O " �M� ., , µcAs . . B�:nLHMA�K�� ToP r+vT KYO�ZP�N� ,c,� . . .. .. � i , ' . :��j,,'�Q �- i�oVLR .A � __ I . .. V3.� . . - �t�i--=G`FrsT�rth'�O.NTJJ� : . � ' ��cv,- �2�1.�9 (N�,•�,�.-KiZ�� . 20 =Q�O�O�jI:^DC.O.1��` J� � o o y � A� F�-000 ; a Z'� ,� _—� _ �,�,, t�l q�(: M��. �-Owu�T Fwoe = 'bL�-l•1 ��v��-E spr�� 4�= PRo.Po�SED sPaT � x E LGVi4T lO hi �" k � ,,'� . . . i �,.51 : . . l+b?D% � .� i /.� � `d2a,1 � � .� � Fa►+�W � �' 1 �� "2"p 7 g .� � �3Zu.�� \ � ,_� � ,. � 1 I i � o � 1 ' � � O � � i � � � � � � 1 . -�� .�, ��Li�v' /� . '�1 a � �.- % �� / C'L� � � � � V �� ,r� 819.7 � � ; � i9 S l� .� Fw �o - r z 82�. 6 : � � �� 2 .4 . x i 1 �O �ti=� �- — � `� , l� � r` ) — — IDLJ/ � ' �J I � • � ��p �• � � `� , � � ��r- - - + -- "'._ - 1 J - - - - - - �---�» � '- �,a � � j '� � j� �/ � � i � I Z'J �' 8�.0�-K- �2'i,1 � ' i � . 3o x �o' i � � �'�� . !( i L�AQ. Si.AB-822.� O O ie ��A � �O � `�°;,. ( x � 1 za � � � _.� J U n f� � � '_ ' -' 820.� x l0� �\ �ti � � � ;r — � i } o � I � O i - , I � 8I9.4 x e°r ;;a �`'�'^, ? f$Lo'� ` � . �JNO X. � � � 7 '� } o_ �J ZL �a od . �� _, �i �'''� � - Stv � � oy n .�Z �J �j r �— u� oY ��o .� J l _�__ ��_�_-- / 819.7 /.i a�4r � ' � �- ---- $ �`� � — — - � ''� {:��3 '�- �,�. wyso �� iJ� � .8! c � - �� M� in r Plan Eng ee � � � � i; ',�� `; - �, `, �� L `i `�' R-� •••4 .\ � � '�. �_.� �f I . � �� . ' � . . ��. DATE: TO: FROM: Co�.i�.unity .De�velopment� Depa�t�n:�.�t . �� • � � :PI.ANi�T�NG DIVISIOIV � � � � . � . � � � City of Fridley � �. July 22, 1994� William Burns, City Manager Barbara Dacy, Community Development Director SUBJECT: .. Consideration of Environmental Assessment Worksheet for Grace High School Addition, by Keith Eibensteiner for Biltmore Consiruction of New Brighton, Inc. �The City Council at the July 1�, 1994 meeting asked.staff to research a number of� items�regarding the property.proposed to be subdivided into seven single family lots in the southeast corner of the Totino-Grace property. To follow are responses to each of the items requested by the City Council. 1. The City Council wanted information on the Charles Cook project and wanted to know why.it was not approved. In 1986, Charles Cook submitted a preliminary plat request, P.S. #86-06, Valley Oaks, to create seven lots on 3.25 acres just north of the Islamic Center and south of the Moore Lake Hills subdivision which contains Hillcrest Drive. The Planning Commission on December 10, 1986 recommended approval to the City Council with 11 stipulations. On January 5, 1987, the City Council conducted a public hearing. At issue during the public hearing was stipulation #2 which stated that the developer must pay for all assessments for public improvements necessitated by the plat. Storm water improvements were required to handle not only the runoff from the subject development, but also runoff from adjacent properties. The petitioner objected to the requirement to pay for all of the potential assessments. The City Council closed the public hearing the same evening. There was no further action on the plat by the.City Council. Although there is no letter in the file from the petitioner withdrawing the application, it is assumed that the requested stipulation was not agreeable to him and he did not pursue final action on the plat. (See City Council minutes from 1987) �Grace High School Addition Property,• ' ' - July.' 22 , . :�994 . . � . . � ' pag� �� . . : . - . '.. � � . 2. How large is North Innsbruck Nature Center and when was it acquired? ' � The City of Fridley Parks and Recreation guide states that the park area is 24.0 acres. The parcel was dedicated as a park as part of a 1971 agreement with Acres Inc., who requested R-3 zoning for the property. The City eventually received a deed in 1976 from Darrel Farr Corporation, developer of the Innsbruck Townhomes. 3. Outline the original land area for Pecks Woods. � " .! Staff obtained a copy of a 1938 aerial from Anoka County. The ` aerial is not reproducible in an 8 1/2" x 11" format, but it will be.presented at the City Council meeting. Based.on the 1938 aerial, there is-a large wooded area.which"extends from..Rice Creek Road on the north to 49th Avenue and Highland Lake to the south in Columbia Heights; into New Brighton on the east, and approximately along the Matterhorn Drive aligriment on the west. Staff estimates that the total acreage of this wooded area is 640 acres. Based on testimony from Mr. Haluska and other long-time residents, this area seems to match what is known as Pecks Woods. 4. When was Arthur Street developed, and was it part of Pecks Woods? Arthur Street, adjacent to the Totino-Grace property, was constructed in 1972. The street is within the area known as Pecks Woods. The proposed Valley Oaks plat discussed above in #1 is also part of the wooded area identified in the 1938 aerial. 5. Was there any prior consideration of any or all of Pecks Woods as a City park? The Mayor reported that the City Council informally discussed preserving Pecks Woods, north of I-694 in 1964. The size and cost of acquiring the property was too prohibitive at the time. A portion of the Islands of Peace park was acquired the same year. As is explained later in this memo, the Innsbruck Nature Center was dedicated in 1971, preserving 24 acres of the original Pecks Woods. 6. How large is the Springbrook Nature Center? The Parks and Recreation guide states that the Springbrook Nature Center is 127 acres. 2A � +��rr„r.��..,.., �..,.. . _ Grace High Schoal Add'iti.on Property � . : July �2,.1994 . . . . , • .� Page 3 _� � � � ' . �.. � . � . . : . " . . 4 . . - 7. How did the City acquire Sprinqbrook Nature Center, and when was it dedicated for open space? The City acquired the land for the Nature Center in 1971. In 1974,, the City Council designated it as a Nature Center (see "Nature Center History"). s. How unique is the property praposed to be platted in terms of communities of ferns, woodland plants, flora, and fauna? Staff retained Ron Peterson of Peterson Environmental Inc. to address the environmental issues raised by this question. Peterson's report is attached. No unique species of.plants or animals was found. 9.. on the:WaT-Mart site, were:certain trees'marked ior.savinq, ,. and did the developer fol.low-through in preserving those trees? Siah St. Clair and I worked extensively with the Wal-Mart. contractors about preserving the oak trees on the property. The stipulation as part of the plat approval was to preserve as many large oak trees as possible. The grading plans submitted to the City Council during plat consideration did indicate removal of the vegetation on the site except for the wetland areas that w�re proposed to be altered in conformance with the wetland alteration permit approved by the Army Corps of Engineers and the Minnesota Pollution Control Agency. Because of the extensive amount of grading occurred, the ability to save a number of trees was compromised; however, the existi.ng trees now on the Wa1-Mart site were as a result of insistence by City staff to create appropriate retaining walls and to minimize intrusion into the drip-line areas of the oak trees. At the time of site grading, it was not known that Slumberland was going to construct a building on the vacant lot. Four trees were preserved on that property, however, staff acknowledged that it may not be possible to preserve all of these trees depending on the development plan of this particular lot. Fortunately after working with Slumberland, we were able to preserve three of the four trees. 10. Is money available from a third party orqanization? How committed is the third-party organization to provide money for the acquisition of the Totino-Grace property? Included in the information for the City Cauncil is a copy of the brochure entitled The Trust for Public Land. Michele McPherson contacted the staff inember from The Trust on July 12, 1994. In essence, The Trust purchases properties for preservation and then transfers the praperty to a lang-term owner. The Trust is an : ,e�. . , �'�. Grace High School Addition Proper�y , . . .July 22 ,�. 1994 . . .. . ' . .. . - .Page 4� ..� � . � . � � .. � interim financing vehicle bnly. The staff inember frnm The Trust states that no funds have be.en committed to the purchase of the 3.5 acres of the Totino-Grace property because they have.their... own rev'iew process which takes approximately four weeks. Mic�iele wa,s invited to,a.meeting initiated by Mr. Haluska..with The Trust Staff person, Lisa Kugler; on July 26, 1994 at �:00 p.m. at Mr. Haluska's home (see memo dated July 14, 1994 from Michele McPhersonj. We will update the City Council regarding the outcome of that meeting. 11. How much of the City�s park property is set aside for passive recreation, and how does it compare.-with tt�e other 12 cities? � Of the 490 acres of City par}ks, 340.3 acres can be considered as "open space" , or areas where a s ignif icant : maj orit�r oi the pa�rk .. is left in its natural state. The acreage i�cludes Springbrook�� Nature Center, Innsbruck Nat�re Center, West Moore�Lake Dunes, Riverview Heights, and the two County operated but City owned parks, LQCke Lake and Islands of Peace. Staff surveyed other cities (see attached chart). The cities did not have a break- dawn of passive, active, or open space acreage readily available. Fridley ranks 6th out of the 11 cities in terms of the total area of municipal parks versus total area in the City. 12. Where does the City of Fridley stand in relation to National standards for open space reserved for passiqe recreation? The Natural Recreation and Park Association does not have a recommended standard for open space or "conservancy" parks (see attached matrix from NRPA). Fridley exceeds the NRPA standards, however, for the amount of park acreage. The standards require 180 - 310 acres and the City owns 490 acres. 13. How much is the Innsbruck Nature Center used? Without conducting a detailed survey, it is difficult for staff to quantify the activity at the park. No statistical information has been found in the park files. 14. Haw much maintenance requirements would there be if the Totino-Graae property is turned into a park or passive recreation area? John Flora prepared a memorandum dated July 19, 1994 which estimates an annual cost to the Public Works Department for maintaining the additional park area of approximately $1,800.. ZC ;• Grace,High School Addition Property • � . �uly 22;.::1994 -. .• . . . • . ; . . : . . , . . � . _ :..Page 5 . . . . . . � . • . ' ` , . . � : .. . . . ' , � . 15.� Can the. City require an EAW? � - .. Th.e . City. Attor.ney contacted th� attorney . for the Environmenta.l � . Quality Board and has prepared another opinion which is included �, for the Ci.ty.Council's review. The City.ca.nnot rec�uire an EAW. Herrick believes that the plat stipulations are adequate to address the environmental issues such as wetland and tree preservation (Herrick has spoken with Mr. Haluska about his opinion regarding the EAW). RECOMMENDATION It is clear, based on the advice of the City Attorney and the EQB attorney, that an EAW cannot be required for this project. : Unless the City Council chooses to acquire the subject property, , sta�� recommends that the.City Councii refer tl�e plat�to the:: :� Planning .Commission for action at its August .10, 1994 meeting. BD/dn � M-94-392 2D — � P . 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Y_=__ .-"- � vY` _ � ' . ... __ �_ - 2F L � � o $ r � . ocaT�oN MA ; 's P 11. 12. � yi � �. . • . proj�ects whEre th�se fimcls would be� used, �iawevgr, staff � is workinp . with C,�unty to �ee if s�me of these f�.mct� may be �used for future proj�ts. the M�TION tr� Gotmcilman F'itz�atrick ta authorize the City to efter into this agregnent with the Aiiruzesota Department of Transpartation ec�rding Fec�eral Ur�n Aid Semnded by Co�mcilman Goodspeed. Upon a v' oe vate, all voting aye, t�yor Nee declared the motion carried unanimousl . RE�QLiJI'ION Np 4-1987 IMPOSING IAAD LIM�TS ON PUB�IC STREETS AND HIGHWAYS' NDTION b� GbLmcilman Schneider to acopt Reso� ion No. 4-1987. Seconded by Councilman Gooc�speed Upon a voioe vote, a�1. voting aye, riayor Nee declared the motion carried unanimously. ,� FOR D. E. E. D. GRANr• Mr. Robert�on, Cbmmunity D�evel �nent I7irector, stated this reqolution would authorize the City. to app�for a$15,000 graryt through the trlinnesota Departrnent of Enerc� and F�.e�nomic Develognent. He stated this is the seoond grant cycle for fiscal �ear 1986 and an additional grant of $30,000 would be available in fiscal ye�r 1987 and another $15,000 in fiscal year 1988. Mr. Rober�son sta �d if the City is awarded this grant, a plan will be developed to i ct rer�tal property �o determine if it aompl ies with the energy code. He stated a portion of the funding would be used in publicizing d f�ding the curbside recycling program and any additional funds wo be used to create educational energy information. for all residen ' al districts. �pfV b� CAtmcilman Schr�eider to acbpt Resolution No. 5-1987. Seconr3ed by �cilman Goodspeed. Upon a voioe vote, all voting aye, l�yor Nee declared motion carried unanimously. 3. PUBLIC HEARING ON A�RELIMINARY PLAT, P S #86-06. VALLEY OAKS. BEING A REPLAT OF PARTS OF LO`I' 21 AI�ID 22 A1�ID Tf� EA.ST 600 FEE,T OF THE SOUrH 200 FEET QF TI-� NORZ'�i 882 5 FEEr OF Tf� I�RTHWEST QUARTER OF THE NORl'f�ST QC�RTER OF SECTION 24 , T-30 , R-24 , ALL IACATID IN ANpKA COUNTY. MINNESOTA GENERALLY L,OCATED SOffPH OF HILI�CREST DRIVE AND NORTH OF GARDENA AVENUE . BY CHARLES COOK: _ NDTION b� Co�mcilman Schneider to renave this item fran the table. Secz�nded b� Councilman FitzFatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing began at 9:55 p. m Mr. Robertson, CAmm�mity Develognent Director, stated this plat involves 3.25 acres of property located south of r'�oore Lake Hills and north of Garciena Avenue. He stated the plat includes seven lots centered around a proposed cul-de-sac. He stated the drainage plan did not provide an overflaa pipe and there is no storm �ewer in the ar�. He �atec staff has worked with Suburban Engineering and reached the conclusion that the ZG QuES�-�a� �1 ��L� 1 � ►• '� • : � drainage plan was� adequate for the plat itsel,f, hawever., it-.did not .mitigate. . � the ac�erse effects it�ooul�.�ventually have on. the surroimding� pr�per�ies.� . Ee stated staff, �.�erefore, � has rea>nunende�d an overflow pipe be installed .• f ran Hillcrest, west to Gardena Lane to the existing storm sewer systeqn. Mr. Flora, Public Works Director, stated there is a law area on the� Gardena School� Froperty whi�ch serves as a por�ding area an�7 this developne�t ealls for another pond to be aonstructed to serve this plat that would drain into `the existing pofid. Ae stated, :euen though this is where the w.ater has alw��s c3rained it is prop�sed to install an overflaa pipe to o�nnect to the existing stocro system. He stated this is to insure that any water that drains into the low area would not flood the back yards ot the existing hanes. He stated it has been proposed to the developer that the �nstruction of the averflaa pipe be completed in oonjunction with this develognent at an estimated oost of $33,000. He stated there was quite a bit of tioulEVard and green area a8jaoerit to the road where the pipe v�uld �be glaoed without tearing up the street. � Q�uncilman Schneider asked if sta£f was sati sif ied that the . oveXflaa pi.pe ��. . woulch't have any adverse �affects� on exisiting properties, which Mr: Flora answered in the affi�native. Mr. Flora stated the water drains to the . pond and b� praviding an outlet, it would be able to flow out rather than. just oullecting in the p�nding area. Councilman Schneider stated he felt eventually there would be further develo�merrt on the Gardena School property and they woul d be a oontr ibutor to the d�ainage. He thought perhags there may be a sharing in the cost for this piping. Mr. R�bertson stated in addition to the drainage, another question raised was ooncern about the wildlife habitat in this area. He stated staff a�nducted an inspection of this property, along with Mr. St. Qair, the r�turalist, Mr. Rnutsbn, De�artment of Natural Resouroes, and Connie Modig, resident of the area. He stated Mr. Rnutson agreed there would be deterioration of habitat with the developnent and discussed ways to mitic�te the problan. He stated what was prop�sed was the wetland area, which is the laaest �art of Lots 4 and 5, be used for a wilc�ife reserve of approximately 18,832 s3uare feet. He stated, in addition, the 20 foat i�uilding setback on the north lot line of Lot 5, whidz the developer has agreed to would also help preserve the slope and trees. He stated it would be neoessary to file a c3eed restriction on Lots 4 and 5, if the Council is in aqreement to preserve this wildlife habitat. N'.r. Robert�on stated the Planning C.o�nission recommended approval of this :plat with 11 stipulations which he outlined. He stated in regard to :stipulation �S, this should include any necessary easements in order to install the sanitary sewer lift station. _ (btmcilm�n Schneic�r asked Mr. Cbok, the petitio�r, if it was his intention to la3ve the 20 foat setback in a natural state. �ir. Cbok stated he intends to develop the site and sell the hanesites to �ntractors. He stated it is in his best interests to preserve trees be�use they oantribute to the v�ue -10- 2H � 1 • i: .� . . of the lots. Mr. Cbok stated in recprd to the wildl ife and natural area, there was ciiscussion about l�ving the west 75 to 100 feet of the site in a natural state, He stated after viewing the site, he decided it wasn't a yood plan as this is currently useci for a aumping site. He stated, in addition, the surrocmding lots have all been cieared and in a cl.ean state. He stated he is in agre�nent in leaving the wet low area in its current state. Ms. Connie Modig, 1330 iHillcrest Drive, stated staff and the Planning Co�nission has tried to cooperate in preserving the ti�ildlife area. She stated Mx. Robinson of the City staff or�ntacted her regarding leaving part of Lot 5 as natural as possible. She stated she was advised it wasn't reasonable to e�ect the owner of this lot to leave it in a natural state when surrotmding lots are all mawed and landsc,�ped. She stated the idea was to leave a�rtion of the lot in a natural state for wildlife habitat. She stated she heard the comment that a lot of rubbish was found, but this hasn't been her experience. She felt she would like to keep the lo�s of the wilc�ife habitat to a minimun. Mr. Mike Roith, 1314 Hillcrest Drive, asked if staff felt the averflow pipe would handle the drainage fran the aeven lots. He was also concerned with future c�ainage problens, if the Gardena School property c3evelops. Mr. Flora stated any future glans for that water cannot leave a site, after quality than before developnent. c3evelopnent in this area would r�uire developnent, at a greater rate or less (�uncil�r�an Schneider stated at the Planning Commission meeting there was discussion b� Mr. Cook's engineers regarding the c�ainage and the proposal was that the two p�nding areas were sufficient among thenselves without any pipe. He stated the City's position was it was very borderl ine, but the pipe should be required. He questioned if the pipe would be sufficient for any future developnent on Gardena. N�. F'lora stated the size of the pipe proposed is 12 inches which is quite substantial to drain the water. N`�r. i�ith stated his other conoern is the cost and who would gay for the piping. He stated he woulc�h't be benefiting if more water comes onto his 1 ot. Co�mcilman Schneider stated it is his view that none of the residents on Hillcrest Drive should have to g�y for the piping. He stated the cost should probahl.y be split between N�. Cbok and whoever would further Cevelop the Gardena School property. N�. Ztxn I�nning, 1315 Hillcrest Drive, stated if there are drainage problgns in the future, who would bear the �st for any impravanents. Mr. Herrick, City Attorney, stated this Co�mcil can't bind a future Council as to what th�y mic�t decide. He stated there is a State statute which provides that assessments for improv�ents can be made to benef iting -11- Zr [�i�iL. �!E • � ' ? � p�roperties.. He statea a..Council could determineR, at an�r .time,. that - .. : additional improvem�tits a�e.ne.eiessary,' but properties mu5t bene�it in order � �: , .to��be. assessed, � He stated he felt the Q�EUicil would be on eo�mn footing �to�' �; • .: �disappFOVe a aevelognerit, Lailess the i�rait�age problen is resolved. �.� .� . Mr: r�nning stated the residents have to hope the staff is oorrect and � that this syst�n will work because rx� �one }aiows what a�uld hapgen in• the.future. , . Gb�mcil�ran. Schneider stated, basicall�, that is .true, but� thi� appl ies for. - all p�o}�erty throuc�out the City. Mr: Aailey Tiller, 1535 Gardena Avenue, felt the wilderness and wildlife habitat should be preserved. He als� voioed oon�ern that they would take an ea sement f ram him. I�hyor Nee asked Mr. �ller how his property is involved with this plat. Mr. Tiller stated with all the additional traffic, the City would want to take ...Fart .of his property to widen the road: Mr. Qureshi, C�ty Manager, stated access to this plat would be from 60th Avenue and 60th Avenue is.acoessed b� Benj�in $treet and Oakwood r3anor: He . statea bo�.h o� �t-hese : str�ets. have : l�een �mpraved for 15 to 20 years. .. . (b�mcilman Schneider asked if there was arey prop�sal to wid�n O�kwood Mamr. Nr. Qureshi stated there absoluteIy were no plans to widen this street. Mr. Tiller suggested the City buy these five acres so it could remain as a wilc�ife are�. Ms. r'bdig stated she dicY�'t want to deprive anyone frcm making a living, but hated to see that ar� c�ve2op and lose the wildlife habitat. She stated she felt part of the Froperty should be desic�ated as a natural area. Mr. Cbok stated he would give 30 to 40 feet arotmd the perimeter of Lot S, if the owr�ers of the other lots gave the same. fte stated if this matter is going to hold up the plat, he felt the tbt,mcil manbers should walk the site and was sure they would arrive at an tmanimous decision. Mayor tvee staten he has a oonoern if Mr. Cook is unwill ing to accept the msts for water manag�nent. Mr. Cbok stated he cbes have a problen with stipulation �2 relating to the developer paying assessnents for all public imprav�nents neoessitated b� the plat. He presented a map shawing his plat and surrounding areas that eno�m�ass the entire drainage basin He stated his glat constitutes about 14� of the total drainage basin and would like to �ay only 14� of the a�sts. .He stated f ran cvmments this evening, it looics I ike he will have to share in the drainage costs with the aaners of the Garaena School property. He stated his engineers have ac�vired him the Gardena School prope�ty has more rt.ui-off than what his develognent would create and if oosts are spl it, they should be on a proportionate arrangemerit based on square footage or amount of water a�ntributed. -12- 2J 4. OdtJI�ICIL N�EETII�IG..OF JANf.T�RY 5. ]987 Mr. Herrick felt if there is going to be developnent both on Mr. Cook's property anci the Gardena School property, it may be best to meet with the individuals aoncerned to try anci came up with an equitable s�lution. No other persons in the audienoe spoke regarding this pro�osed pla� NDTION b� �Cbuncilman Schneider to close the publ ic hearing. Seconded. b� Counilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee c�eclared the motion carried unanimously anc3 the public hearing closed at 10:15 p.m.. NDTION b� Goimcil�ran Schneider to waive the reading of �e publ ic hearing notice and open the publ�i� hearing. � Secx�nded b� tbLmcil Gooc�speed. Upor� � a voice vote, all voting aye, N,ayor Nee declared�e motion carried unanimously and the public hearing oper�ed at 10:16 p„ Mr. Robertson, (bmmimity Developnent Director, sta�ted in conjunction with Mr. Cook's plat, he prop�ses to vacate the utili�y easements on the south f ive feet of Lot 22, Block 3, Nbore Lake Hi1ls�and the east ten feet of Lot 21, Block 3, Moore Lake Hills. He stated° the utility oompanies were r�otified of this proposed vacation request,;and Northern States Fbwer does have a pawer Fole in the ar�, but the developer plans to place electric serv ioe imdergrotmd. He stated the only � stipulation regarding this vacation was that a plan be provided for privat�e utility servioes. No pers�ns in the audienae spoke r.egarding this �xoposed vacation request. NDTION b� Cbi.mcilman Schneider.to close the public hearing. Seconded by Councilman Goodspeed. Upon �oice vote, all voting aye, h�yor Nee declared the motion c,arried unanimous y and the public hearing closed at 10:18 p.m 13. cr�,zrtis: MJTION b� Councilman,.Schneider to authorize p�yment of Claims No. 12215 throuc� 12347. Seconded tx Col.mcilman Goodspeed, Upon a voice vote, all voting aye, l�yor;i�iee cieelared the motion c�rried unanimously. 14. LIGENSES• , 15. NDTION b� Cp`uncilman Goodspeed to apprave the licenses as submitted and as on file i�i the Lioense Qerk's Offic�. 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Cf' dllCi Lri!'ll.�i'� �=7'4f1t iif.ii:l i Ili Stl"�,� i 011. ;it;� Ci'i:y's Shar'e 4da5 �101�750. \,�r �� _ °, j, �` � . ��'�.� 5�. :.;� -�' i � �• �., '�' R� :1 � � ��i o ..V, "��'�, � �" /� ,!'_�'�'�i � �::- `� .��x�-'W' ?. �i fir��c�� ►�ego±i � ti on �:�i th �lortf�eri� Stai:,es Po�;,er Co�pany, 3;�cres i n �t:�p Sl1 corner adued i,o pari:. Purchas�d by tlSP us parti ai con�i ti on �o cress park property wi th secon� no��er 1 i r�e. G, Parl; cn�i grated a P;aturc� Center i n 1974 t:y Ci ty Counci 1. C. P?ri: ' eased to Spri rgbraoi: idature � Center Foundati on on Ani°i 1 1, I975. Re��t.a�i `;li'��ear for � y�ar �.�t-•m. D, �oundat; on presented thei r Cor��,rehe�,si ve P1 an for thr� S��ri ngbrook I�a�?:li��e �enier 3t PaOr�}1 PaT"1: in i�pr; i, i976. i.. In i�75, the F�unda�ian received ��5�i,000 50°� matchinq qra:�t �ro.� the �ta�e i�a�;�ra1 Resources Fu.��. � �. ?r� �:unp i979, a�3E;Q,000 g��ant t•,a.s received from the t1e�re;�oli �an Council's Par'r, and ��,e� S�aces•�or.��-ission :o�° an �r��LerpreLive build�r.g. G. In '^:�}., th� C; �y �-eceivnd ��rom� the �otancatian, Sl°,000 i:o assisi in ��:ii�i,��; con�truct�i�� c��ts. i;. T;� .i'':i�, ',i;�,= �;j'�',� 1^(?C.�1':�Ci i,il '"JCa;1ii;�Oi��1� `.��,::�:`�1 T'fG'i .;��t il�ti"Oi?01i�dfl . �. �. ,.. �.! � r %; = ' n .' a; (:Otl,';�11 f�� , w�.l S'tt't1G"i:.� _ . �.. !.�; _`'.iv:`_) ��? FG1�il�:i%+�.;,.'�l L%�it: ii(;� �'��i?i-'.''. it:� �__.��. ��i"' 'i.�.._ t7dY'i:� `_:�a�Lli�`� �C11:,.;, �[�i; !':3Ci :iC::01';r�i 1S�1C_u il;� i?J�i'Ci:l�'•'='`_�., t_%. ,..�li;: G`_"�i;i:-^.F�:.ti T!'Idi; GCCi;Y"G'i� .'t'Giil ��7i-•i`.):5�. ).. ��.i��i,�� i,.:r� ;� i � L' I�C; I i �`^.1��.C� (:itll.�..�U Cif�,J�:iiC1 ��-,.i�i�. ' j � ' � � - � [ v� ' • � ] � � i.• � � 1. " 1 : (� . ._� _.. 1:�� I(��.C�1 ��f^l:l.i,.i, l:. ��, ..1 ..'� i�i-��1r�.�il�%^ �illii �'v..11e ^. i,�)'.! i c't:_'� 0� t�Cil}'�;�r'd i i: U`:C'i ��t.';;l:i ril�C�. ; C:G11��.}^UCI:F'i.. (r�,,�-. .,. _ n � � '" �nn ' .. , �. �_ Lc;�l ir !.`31"i.1i17 �Gi: S�i:l'ti'"'(;C';i 2o QU�STION #7 �� = = . � PETERSO�'� � � E�vviku,ti�,�it,��i;�i_ CONSULTING, I�'C. July 21, 1994 Ms. Baxbara Dacy Planning Coordinator City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Subject: Totino..Grace A,ddition � PEC Project No: 94-046 � Dear Barbara: As requested, Peterson Environmental Consulting Inc. (PEC) has completed its field review of the natural resource features located within the southeast portion of the Totino Grac�e Addition in Fridley, Minnesota, This portion of the proposed addition is 3.5 acres in size and is located in the N1/2 oithe NW1/4 of the NE1/4, Sec. 24, T30N, R24W. The project site abuts Arthur Road to the east, a residential area to the south and Totino Grace High School facilities to the north and west. The overall objectives of our review were to determine: (1) the accuracy of the wetland delineation performed on the site, (2) the diversity of native plant species present on the site, (3) whether the species observed were indicative of a relatively undisturbed, remnant native plant community, (3) the likelihood that threatened, endangered or special concem plant species might be present on the site, (4) the overall wildlife habitat value of the project site and (S) the e�ctent to which the project site is ecologicallX linked to Innsbruck Nature Center to the east. We are aware that the City is considering an EAW thus our analysis was done at a level of detail sufficient for an EAW. Our methodology and results are described below. Methodoiogy In reviewing the wetland delineation for the site, we utilized the Federal Manual for ldentifying and Delineating Jurisdictional Wetlands (Interagency Task Force on Wetland Delineation 1989){hereafter referred to as the "1989 Federal Manual"). The use of this manual is mandated by the Wetland Conservation Act of 1991 (WCA). In order to evaluate the botanical character of the site, a floristic meander search of the entire parcel was conducted on July 15, 1994 by PEC's botanist, Mr. Glenn Vande Water. This method QUESTION #8 2P 3?0!� bti'c�l ?G�h SUect, Suite:.'0%� ■ fdina, Minnewta ;i-]35 ■.6i'-f�:i 1-856i • fax 61Z-R.i1-fi7_35 Ms. Barbara Dacy July 21, 1994 PEC Project No. 94-046 l�age 2 � . � permits the reviewer to adequately sample botanical diversity within a given plant community by progressively sampling the various micro-habitats within the community in a attempt to catalogue a11 representative species that are present. Because sampling was done in mid-summer, we cauld not fully survey plant species which flower in the fa11 or early spring; however, we do not feel that any rare taxa would be encountered during these seasons based on the habitats present. In order to assess the e�ctent to which the project site might be ecologically related to Innsbruck Nature Center, a brief botanical field assessment of this area was also conducted. Results Wetland Delineation Review Wetlands on the project site were field delineated by Ms. Pat Arlig of Arlig Environmental. PEC and Fridley City staff field reviewed the delineation with Ms. Arlig on June 20, 1994. We found that the delineation was accurate and consistent with the 1989 Federal Manual. Two wetlands exist on the project site; (1) an approximately 1.20 acre permanently flooded palustrine unconsolidated bottom wetland (PUBI� and (2) an approximately 0.66 acre intermittently exposed unconsolidated bottom wetland (PUBG). The flrst basin has retained a relatively high degree of ecological integrity given its urban surroundings, though it does receive some stormwater discharge from the north and has a small area of historic fill in its northeast corner. The second basin lies at the western edge of the site and has been substantially degraded by periodic, drastic water level fluctuations which are the result of direct stormwater discharges from impervious surfaces to the north. The wetland boundary shown on the grading plan illustrates the extent of these fluctuations as the boundary lies at an elevation between 938 and 940 while the water surface elevation we observed was roughly 932 to 934. Water level fluctuations in this basin have been sufficient to stress or kill mature oak trees lying along its margins. We specifically reviewed a series of sma11 topographic depressions immediately south of the larger of the two wetlands described above. None of these depressions constitute jurisdictional wetland as defined in the 1989 Federal Manua1. All of these depressions were vegetated by upland plants and no evidence of hydric soils or wetland hydrology was obsetved in any of these areas. The two wetlands identified by Arlig Environmental are the only jurisdictional wetlands on the project site. The grading plan for the project proposes no filling or stormwater ponding impacts to the two wetlands that have been delineated on the site. ZQ Ms. Barbara Dacy July 21, 1994 PEC�Project No. 94-046 Page 3 Floristic Survev Qverstory Plants: The project site is characterized by an overstory of bur oak (Quercus macrocarpa), northern pin oak (Quercus ellipsoidalis), white oak (Quercus alba), box elder (Acer negundo), northern red oak {Quercus rubra), black cherry (Prurzus serotina), eastern cottonwood (Populus deltoides), and quaking aspen (Populus tremuloides); these species are listed in descending order of abundance. Understory Plants: The above described overstory is underlain by an understory of sapling and pole-sized bur oak, northern pin oak, white aak, black cherry, American elm (Ulmus americana), hackberry (Celtis occidentalis) and American ash (Frazinus americana). This understory has been heavily invaded by a dense shrub layer dominated by common buckthorn (Rhamrlus cathartica), gray dogwood (Cornus racemosa), tartarian honeysuckle (Lonicera tartarica), American hazelnut (Corylus ameriama), red-berried elder (Sambucus racemosa) gape-woodbine (Parthenocissus inserta), and riverbank grape (Vitis riparia). Shrub species noted to a lesser e�ent include Missouri gooseberry (Ribes missourierrse), Smooth sumac (Rhus glabra), staghorn sumac (Rhus typhirra), and garden red current (Ribes sativum). Groundcover Plants: The principal herbaceous species observed on the project site include false Solomon's seal (Smilacina racemosa), Canada mayflower (Maianthemum canadense), small flowered buttercup (Ranunculus abortivus), avens (Geum canadetzse), stickseed (Hackellia virginiana), white snakeroot (Eupatorium rugosum), Tick-trefoil (Desmodium glutinosum) lady fern (Athyrium felix femina) and interrupted fern (Osmunda claytoniana). Herbaceous species characteristic of the fringe of the open water wetland systems include reed-canary grass (Phularis arundinacea), mild water-pepper (Polygorrum hydropiperoides), cut grass (Leersia oryzoides), manna grass (Glyceria grandis), sedge (Carex iribuloides), sedge (Carex vesicaria), smartweed dodder (Cuscuta polygonorum) and hooked crowfoot (Ram�ncudus recurvatus). Ecological Integrity of Plant Community: Although the canopy and several herbaceous plant species are representative of a dry or mesic oak savanna, it appears that the relatively low basal area of canopy species has allowed the successful encroachment of the exotic buckthorn and honeysuckle sl�rubs, subsequently reducing the overall richness and abundance of native species within the site. Both buckthorn and honeysuckle are Eurasian plants that are spread by birds which ingest and ultimately excrete their seeds. These species have overtaken numerous woodlots throughout the Twin City metro area, effectively 2R Ms. Barbara Dacy 3uly 21, 1994 PEC Project No. 94-046 Page 4• crowding out native understory plants. Based on observations in numerous other areas around the Twin Cities, the persistent nature of these species will cause an ongoing reduction in the diversity of natiye herbaceous and understory plants. No state threatened, endangered or special concern plant species were observed during this field review. Given the extent of the invasion of exotic shrubs, this site appears to have little potential for harboring state threatened, endangered or special concern plant species. Innsbruck Nature Center has a species composition very similar to the.project site. The principal difFerence appears to be that the overstary plants in Innsbruck Nature Center are represented by a larger diameter class (i.e. more mature trees). The same exotic understory species that are degrading the project site are also abundant within the park. Our analysis indicates that both Innsbruck Nature Center and the project site are remnants of what once was a 640- acre forest stand locally known as Peck's Woods. The combined areas of the park and the project site are 27.5 acres or 4 percent of the original stand: Residential development in this area has reduced Peck's Woods to the two sma11 remnants :described above; these remnants are too small to perpetuate the diversity of native plant species that undoubtedly once inhabited the stand. While the project site and Innsbruck Nature Center are separated by an intervening roadway, they are essentially remnant components of one ecological unit. However, due to the degraded nature of their plant communities and the absence of rare plant species, it is our opinion that neither component represents an sensitive or unique botanical resource worthy of extraordinary protection by the City. Wildlife Only a sma11 amaunt of wildlife was observed during the field review, which may partially attributed to the time of season and the relatively short field review period. Observations done in mid-summer may miss songbird species that are most active during the spring breeding period. Species observed during the field review include American robin (Turdus migratorius), common grackle (Quiscalus quiscula), house wren (Troglodytes aedon), blue jay (Cyanactta crista), American goldfinch (Carduelis tristis), black-capped chickadee (Parus atricapillus), white- breasted nuthatch (Sita carolinensis), catbird (Dumetella carolinensis), common crow (Corvus brachyrhynchos), northern cardinal (Cardinalis cardinalis), eastern chipmunk (Tamias striatus) and fox squinel (Scirurus niger). All of these species are common in urban areas and none are listed as state threatened, endangered, or special concern. The Minnesota DNR Heritage Program data base for threatened, endangered or special concern plant or animal species indicates that the only species recorded within one mile of the project site is the Blanding's turtle (Emydoidea blandingri). This species was recorded approximately one mile from the project site in New Brighton. The Blanding's turtle prefers calm shallow water that supports a variety of vegetation and sandy uplands for nesting. It is our opinion that the proposed project site does not afford optimal habitat for the Blanding's turtle due to the existing ponds limited size and lack of vegetative structural diversity and the absence of sandy upland sites within and adjacent to the ZS Ms. Barbara Dacy July 21, 1994 PEC Project No. 94-046 Page 5 site: Aquatic habitat wfiich appears more suitable for this species occurs within the Innsbruck Nature Center; however, the site appears to be lacking suitable sandy upland nesting sites. The project site probably supports a number of additional songbirds (e.g. wood warblers, flycatchers), and mammals (e.g. microtines) that were not observed during the field review; however the species diversity and density of such is likely to be low given the character of the plant community described above. No amphibian or reptile species were observed during the field review; however, a detailed survey for such species was not conducted. Based on our observations, the project site appears ta support a number of common wiIdlife species that readily adapt to an urbarr environment. We did not observe any unusual or rare wildlife species or likely habitat for such species. Consequently, it is our opinion that the project site represents a typical forest remnant that has been fragmented by long-term urban development. Conclusions A field review of this site revealed a number of vascular plant species representative of dry and mesic oak savanna systems, �however, the encroachment of non-native shrubs species has created habitat that is not suitable to support the densities that may be encountered within a more natural oak ecosystem. Although this site does support a variety of wildlife it is at best only partially representative of classic dry or mesic oak savanna systems. Innsbruck Nature Center has a species composition similar to the east site with the exception of harboring a higher number of larger diameter canopy species. We feel that this site has undergone e�ensive degradation due to invasion of non native species and would not in it's current state be considered a unique natural resource. Additionally the development of this site should not significantly alter the integrity of the species composition that is represented within it and Innsbruck Nature Center. We hope that the foregoing discussion is of assistance in the City's planning activities. Please let us know if there are any questions on our analysis. Best regards, Peterson Environmental Consulting, Inc. � �� '�%�►._ ��!'/%--� - � ' • . � . .. . . � : . •• 2T �� . .� �. Community��De�relopment De art�rnent� � p : . � . �� . � ��gL,�nvi-rtG Drvzs�:o�v � � � � City of Fridley DATE: TO: FROM: SUBJECT: Juiy 14, 1994 4 Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Phone.,Conversation with The Trust for Public Land I spoke with Lisa iCugler of The Trust for Public Land on Tuesday, July 12, 1994 regardi�g the Totino-Grace project.. The Trust for Public Land�is an�interim property owrier�in which they purchase properties for preservation and theri transfer it to a long-term owner. Specific to the Totino-Grace property, no funds have been committed to the purchase of the 3.5 acres in the southeast corner of the property. They have their own review process which is completed within approximately four weeks. I will be meeting with Mr. Haluska and Ms. Kugler on July 26, 1994 at 1:00 p.m. at Mr. Haluska's residence (5660 Arthur Street). The intent of the meeting is to walk the site and examine it for potential purchase by The Trust for Public LaMd. I intend only to be an observer at the meeting. MM/dn M-94-382 QUESTION #10 t , ., �_ . . . � . . ��rescra�itig c� Way .of. �.if e : _ . : .: . ;. : {' � in the Mida.vest � . �� ' . f ',Y ` ��:�; �� : . � t � '_ t 3 � � � St. Croix Nauonal Scenic Riverwav Minnesout and Wisconsi,l FOR MORE INFORMATION ABOUT THE TRUST FOR PUBLIC LAND, ('LEASE CC�NTACT OUR STAFF AT: Th� Trust for Public Land Ivli�i��r�t Rc��iot�al Office � i 0 Firsc .�i��rnue Nurth, Suite 21Q Mi��ncaE��>li;, A1N 5�403-]609 61Z-33�-�49�} f'rimcd�m recv:trl �i�k � 2v - �.�. . : �. MIDWEST REGION T H E TRT..J ST F O R PU B�,I�C � LAN D COIVSERVING LAND FOR PEOPLE + ;. i � �. �. . � .�Vh�t is �the � . � � Tr-icsf for Pi-�l�(.ic Lur�d? The Trust for Public Lanc� (TPL) helps to provide public open space to people in and around where they live: In 1990, TPL - opened its Midwest Regional Office in Minneapolis to serve communities in twelve mid�vestern states. Over 700,000 acres around the country have been protected for public use since 1972 and over 75,000 acres in the mid�i-est states. TPL works in advarice of local, state and federal acquisition programs, acting as a land. bank to help secure approprtate lands for. :. public.protection when they are available, � We hold these lands temporarily until furiding is available for permanent public ownership and management. We buy land outright, we purchase options to buy the land in the future, or we design conservation easements to keep land in private ownership while protecting it as open space. The ��aried communities in the Midwest, like` the landscape in which they developed, have been shaped by a wide range of cultural and geographical events. The open spaces that make these places unique are the lands that TPL protects_ From wildlife habitat to trails and riverfronts, forests, parks and even historic buildings, our projecrs range in size from thousands of acres to one city lot. TPL believes that everyone should have access to natural lands. Every day in America, tweive square miles of open space are lost. TPL believes that our connection to the land is essential to our qualit�- of life. 2W � . � . . � � .; . . . - �� TPL's � . : � � f Lunct C�ru,t I'r��orc��n � Laiid trusts.are cc�mmuniry-base.� orgai�i_acic�ns, usually organize�i as nc�nprofit a�r�x�r��ti��n;, which act in the public intere:t to aa�uire �re�}�ert��, easements ��r orller i��tere;t� in land f��r the purpc7se of public use and eni�,}�ment. Land tru;t� �are rypically invo(ved in �rocectin� natural, :cenic, recreational, a�ricu(tural c�r hi�t�,ric prc,��i-ties. Collectivelv, America's rlearl}� 9��0 inde��en�jent land trusts have helped ��r,,tect ci��er _'. ( R11II1��[1 acres. �Land trusts ��ar}� gceatlj� in size. Over half are � � completely ��olunteer, others lia��e oni�� a �iirector or one or more part-tiii�estaff inember�, and a fe�r have a large staff, a pron�inent 1�uard of �jirectors and a large membership. Annual budaec� range from under $10,000 to o�•er $1 million. ��er thirt�- percent operate wirh 6ud�ets ��f � 100,��i ur more. Most land trusts acceFr jifcs of propert�-.and conservation or historic preser�-ation ea�ements. In both instances, �l��nors are eli�ibie tc� receive � si�nificant tax benefits ba:ed on the value of the donated land or easement � Land trusts aiso buy land ��ith tiin�ling fr�,111 1 membership campai�ns, indivi�3ua1 donor�, foundations anc� co�uat+ons. Althc�ugh independent, land tru:ts often «��rk with each other and �overnment agencie: on si,�nificant E�urchases, �nd many hold an�3 manage the lan�s the�- aa�uire. "' � ��w - _ - j TPL has <�ssi�;te�� <�ver ?��i� (an�3 �n�sts in th�� E�,�st � t��•�� dcc.acics. Ciur srr� icc� r�tn�� tr��nt E,r,,�-�iclin�y � c�r�rani=atic�nal a:;isr.i�lcc rc� �r<�rkin�= ��irh I.�n�� rru�ts <m rca( c:tate n<<,uti<iti�,n;. Tl'L h:l� �j��°clo�,��( �t ,E,cc-iali=r.i trainin;' E�ru�r<�ni t�,r � lan�l rrusts in l,in�l :�r��ui:iti<m t��hnic{u�;. Tllc i N��tic�nal I_<�n�1 C�,un��•f�,r Pr��,�r,iin (NLC1') curc � ii�<itcri<�l, arc �icrivc�l tr�,m T['L'; ?0 ycai�� ,,t I:in�l � tru,r a.,i;Cancc :in�i rc:ii r:t.itc ��cricn��. � � O .. �...,r z ¢ � U 1+� � � � � ` " ::. 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'� A fa II r . . b � U II ' � �w� u �-+ . . . n n II � � � � . II b II W � 11 ° a ii a+ae ii � b�+u � +� �o n o�� o�o s� � a U o o � N � II � � � N -r1 II W U II a' �! � I � I � I � I I �'`Y � TJ I ��l I UI I I u1 I N I � I U I � I ! ?G I t� I � I ai i �i �i '� � UI 7Y � �i UI 0 � I N 1 � � N � � � � %r -� � W 0 � N � � O � � � N r-I r--I ',..� � N � �, � � ZZ N U .,� � N � � w -� r� � 1� •� 3 '� � � � N •,� G.� � � J � � -o � � � � � -�, � . d ��N . � c'� . —. D . �� .� .; , : O — n.�. � � � c� � � � n � Q. O � �D � .� 3 � t/� iQ, y �D n � � � � � 3 � . I This classification system is intended to serve as a.guide to pla�ning—not as an absolute blue-. print. Sometimes mQre than one. component may o�cur.within the:$ame site (but not on the same parcel . of land), particularly with �respect to special uses within a�regional park. Planners of park and �recreation � systems should be careful to provide adequate la�d for each functional component when this occurs. NRPA suggests that a park system; at a.minimum; be composed of a''core" s.ystem.of parklands, with a total ofi 6.25 to 10.5 acres of developed open space per 1;000 population. The size and am�unt of "adjunct" parklands wiil vary from community to community, but must be taken into account when con- sidering a total, weil-rounded system of parks and recreation areas_ COMPONENT USE SERVICE AREA DESIRABLE SIZE ACRES/1,000 DESIRABLE SITE POPUTATION CHARACTERISTICS A. LOCAL/CLOSE-TO-HOME SPACE: Mini-Park Specialized facilities Less than Y.-mile 1 ac�e or less 0.25 to 0.5A that serve a concen- radius. trated or limited poQ- ulation or specific group such as tots or senior citize�s. Neighborhood Park/Playground � Community Park Area for intense rec- reatio�al activities, such as field games, court games, crafts, playground appa- �atus a�ea, skati�g, picnicking, wading pools, etc. Area of diverse en- vironmental quality. May include areas suited for intense rec- reational facilities, sucfi as athtet+c com- plexes, large swim- ming pools. May be an area of naturel quality for outdoor recreation, wch as wafking, viewi�g, sitting, picnicking. May be any combina tion of the above, depending upon site suitability and com- munity need. Y. to `h-mile radius to serve a population up to 5,000 (a neighborhoodl. Several neighbor- hoods. 1 to 2 mile radius. 15+ acres 25+ acres 1.0 to 2.OA 5.0 to 8.OA Withi� neigiibor- hoods and in cfose proximity to aQart ment complexes, townhouse develop- ment or housing for the elderly. Suited fw i�tense development. Easily accessible to neigh- borhood population— geographically centered with safe walki�g and bike ac- cess. May be devef- oped as a school- park facility. May include natural features, such as water bodies, and areas wited for irr tense development. Easily accessible to neighbofiood served. 2AA QUESTION # 12 � - + �.. �.rr� , „# ■� � - - - - - - TOTAL CLOSE-TO-HOME SPACE = 6.2�r10.5 A/1,000 B. REGIONAL SPACE: Regional/Metro- Area of natural or Seve�al communities. 200+ acres 5.0 to 10.OA Contiguous to or politao Park or�amental quality 1 hour driyi�g time. encompassing _ . for outdoor cec►ea. . . . >nawial resources. � . , tion, wch as picnick-. . , .. : . . � ing, boating, fishing, • . . . • . . . swimming, catriping, . • . . . ' , • ' . . , ' � • : .. . � a�d trail uses: rt►ay � � ' . � ' . ' . i�ciude play areas. � Regional Park Area of �atural Several communities. 1,000+ ac�es; Variabte Diverse or unique Reserve quality for nature- 1 hour driving time. wfficient area to err- . natural resources, • o►iented oufidoor . cWnpass the resourc�e � wch as lakes. •.. recreation, wch as to be preserved and streams, marshes, viewing, and sWdyin� managed, flora, faune. top- nature; wildlife habi- � �ePhY• tat, conservation, swimming. Picnicking, ' hiking, fishing, boat- ing, camping, �d , t�ail uses. May in- ' clude active play areas. Generally, 80% of the land is raerved . for conservat.ion and :. . riatural resour�e man: •: : `� . r .. . .. . agement; Kvith less . � . . • . � . _ tfian 2096 used for � . � recreation development _ � . . . . _ • . • • . TOTAL REGIONAI SPACE � 15-20 A/1.000 , . C: SPACE THAT MAY 8E LOCAL OR REGIONAL AND IS"UNIQUf TO EACH COMMUNITY: � Lieear Park Area developed for No applicaWe Sufficient width to Variable Built or natural oor- one or more varying standaM. protect the resource ridors, such as util- modes of �ecreatiawl and provide maxi- ity rights-of-way, travel, wch as hikeng, mum use. bluff lines, vegeta- biking, snowmob�ing, tio� patte�ru, and horseback rid'a�g, roads, that link other cross-country skiing, componenu of the canceing a�d pleasure recreation system or driving. May indude . community facilities, active play a�eas. wch as schoo�, (NOTE: any included lilxaries, commercial for any of above com- are�as, and ather park ponenu may oocur in areas. the "linea� p�k.'� SPacial l)se Areas fo� specialatd No appl'�cable Variable depending Variabfe Within communities. or single purpose ►ec- standard. o� desired size. reational activities, wch as golf oourses, nature centers, mari- �185, 2005. COf19C�1/2� . to�ies, arboreta, dis- play ga�dens, arenas, outdoor theaters, gun ►anges, or downhill ski areas, or are,as that preserve, mai�tain, and i�terpret build- ings, sites, and objects of archeological sig �ifica�ce. Also plazas or squares in or near commercial cet�ters, boutcwards, parkvrays. Consenancy Protection and man- No applicable Sufficient to protect VariaWe Vari�le, dapending agement of the standard. the resource. on the resource be- natural/cultural err ing protected. viro�ment with rec reation use as a secondary objective. � � . I En9ineering � Sewer � �[ water d � � Q Parks O � Streets �"' U Maintenancc U— : ME11�'IORANDUM � TO: Barbara Dacy; Comrrlunity Development Director �', FROM: John G. Flora, �Public Works Director PW94238 DATE: July 17, 1994 SUBJECT: Royal Oaks P{at Questions . At the Council meeting .of July 11.; 1994, a question was. raised rega�ding ttie Public Works maintenance requirements that woutd be required shoulct the Royal Oaks plat be retained as a City nature center. The following is a breakdown of items as I understand the issue. Garbage pickup and disposal of large items, Tree removal of diseased or dead trees Perimeter mowing and cleanup Annual Estimated Cost to the Public Works Department for maintaining the additional park area JGF:cz 2CC approximatefy eight times a year @ $500. 2/year @ $1,000 $300 $1,800 QUESTION #14 k' ;: h1 � ; :�C� 17?7 G;, "='�=+4 1t=t: =C BHF'FJH• ��I_I_, _�=TEFFEhd L-�l.l �'r'11.='or aoaEeT n. <;�_z � BER.`d��RD i:. ; TE;F" E.� , • RICHARL� A. P. �Ry ILL DAC�REI.L A.. �'i1�I5�i V_ _ _ JE�F3EY �. JC?F17:;�i:�N . ' ' �Vs;bLL H, C'�lti?.�ER ?C`�i.F. EF1�Y�.�,i.�. . ' 'i A1v�E�\!�E 'n'.;ft�i3-+'-�SOV.. DAbIL` :4. C.')f�S: , �?o�A;.se �t��..c��s . •,i[�;!-L�.EL F. F:'l.+E:1;:Y �'�t��.r...: �f:.�:�:�: ?�iEi�.�f,4N L ::�iLLE . . � _ . ��. :. � $arna, Cuzy: &. Steffen;��Ltd: .. . ' • ' . ' : - ' ATI41Rt�'&YS�AT L.Aiii � • ' �?C�C' I�orthtown Financial Plaza' . . ` 2C0 Coo:� Rapids $aulevard ?vfinneapolis, M�T 55433 . . (bI2) ?80-850(3 FAX (6iZ) 780-1777 � k'riter's Direct Lfrie: (Si2} 783-5124 �;�� '• ► TO: Cit�y CounciZ. � . . . � � : ... � ��" wiili:am t�:�. Burris� �?J � . . City Manag�r . . Gi�y of Fridley . . : . FROM: � SUSJECT: DA�'� : Virgi:l C. Herrick City Attorney Plat at Totina Grace High School July 22, 1994 Pl0.1E�4 F�=u�'�� pA��r.� u. r��rs.� CH.�LES M. $EY1:CyRA ' WZLLlahi A4. HAJvS6lJ ' 17�AlIEL R vAN'T'�R, ]R. . •.• BE�'FS.LY 1C. bODC'E . �tt�� v. r�x�ucx . . • .JA*�SD HOE�'r IOA,�I M. QliADE . � � .': �E(7I'I'M.iEi'AI: . si�.v� r� ua.cxe�� . DA�'[D M. v6'EIGEL � cLIZAr3ETH A. SCH�iDL\G wZE:L,IAM F. HL�EFNE�i ROBEP.T G Hi'NES : 1�35•1993 s�s requested I have dane additi.onal research regarding the propased Plat a.t T�tino Grace High Schaol. ,; As I indicated earlier I am af th� opinion that an EAW cannot be ' required for this project. The State rules a�nd regulations : implementing tY;e requirements for an EAW exclude this prvject . because i� dve�• no� meet the minimum number of units required far ', a residential developntent. I have discussed this matter with A1, ,. Mitchell, Assistant Minnesata Attarney General, who advises the EQB and he agxe:�s with my interpretation. � I was also askE:d to look at c�ther requiremen�s, both Minne�ota Statutes and rridley ordinanGes, �o see if there were other , r�quir�men�s th.at might apply to this proposed project. Th2 Minnesota E:nvironmental Rights Ac� at Section I.168.03 � p�ovides that any person residing within the State the Attorney ate ma �aaintain a G�neral or a palitical subdivislon of the St y i civYl action fc�r the protection of the air, water, land or other � n,�tural resources �ocated within the State. Whether there are any facts associated with the proposed development that would � bririg it within. the jurisdiction af the Environmental R�ghts �W i� �� ' � 2DD � ' QUESTION #15 kAa c-:.�i r?Jncm:nn. � � � � Il �J �_�' � �' � � 1 / � l .-, ";'�-� 1t1: -- ��Hr:i �F-1. I�I l i _ _;T�FFEfd LHI,I , �'-'j l =; � C:�ty Caunci 1 jWilTiam W. Burns: : � . . , ` . : . �. �'�:�ly 22�, 199�4� . � . . � �. . ' .� Pttqe Twto � � . , : . - . ;. FJ0.1t=i:1 Pt=u=�= �.s. a c2etermination that would have t4 be made at the first . ixistance by the City Council. There hav� be�n a number of A�apellate Court cases interpretittg the Environmental Rights Law. Tn the case o� Krmqotich v. Ca.�x,of Duluth, August 2�, 1991, the �.p�ellate Gaur� interpr�ted the Environmental Rights Act. In t��t case �he Court said: "E�ch persan is entitled by right ta �he protection, preservation and enhancement of �ir, water, land and other na.tu�al resouraes.located within the State.�� ie Cau�t in discussing the in��x`x��Iationship between the. State St�tute and laca� ordinariaes stated; "To some e�tent .the jurisdictian c�f the twts �r�rums overlaps but neither �a�um exc].udes the o�her. Eaeh act within its awn appropxi�te sphere and �here is na conilict. Si.mply put, tor �he praperty owner to use. its pr�perty it must be in contpliance with the loc�l zoning ordinance and also be in complianca with th� requirements of the Minne�ota Envi.ronmental Rights Act. Conc�ivably, the�'e m�y be situations where a landowner �eeking a specia3 use permit may be able ta meet the criteria of one Forum but nat the ather but as stated the landowner must pass mus�er in both forums." °.��ie Appellate Court went an to quote the Minnesota Supreme Caurt ��rom its finding in th� case of �'�»esota Publia ln��rest R�search Group v. White Bear Roc� & Gun Club, a 1977 decision. In �.hat d�cision the Supreme Gourt stat�d: "The Minnesota Environmental Rights Law does not prescribe elaborate standards to guide �ri�.l cour�s, but allows a case by case detarminatian by use of a balancing t�st, anal.oqous to the ane traditiona].ly employ�d by courts of equity, whexe the utility of a d�fendant's conduct which int�rferes with and invades natural resources is weighed against the qravity of thE harm resulting from such an interferencc� or invasion. �t '#'rie Appellate Court said this public interest balancing test under the Environmental Rights Act may be divided into two parts. �'irst, the trial court makes a determination whether natural ��saurces wiil be effected. If so, ihe trial court then must balance the utility of the actions against the damage ta the envirdnment. 2EE b1L r�U lrr( � �� _ 1�-t: =5 E�HF'tdH. i;t I' �_'=,TEFFEIJ Li=il,1 . �^11 = � f10. _:-�-: F'�=��_„ . City Couitczl/William wl'.. Bu.rns � � � � ' - � July. 22 �: 19.94.' . : . . . P�3ge �'I'hree , . , . �... � � 5vhether �here is any signiFicant or substantial damage to th� environm�nt and. whether that damage would outweigh the utility of allowing single famil.y homes on the subject property is a �uestion that the Council must determine after considerir�g a11 of the fac�s and t.estimany before the Council. I have reviewed the field review af the site conducted by Peterson Envi.ranmental Consulting, Inc. 8ased on the o3�serv�tions ar�d cariclusions of �2anald P. Peterson, it app�ars that �his sz.te is noi unique in an ecological sense. It is alsa Mr. Peterson's canclusion that.developm�nt af this site will not signi�ican�ly �lter-the integrity of North InM'sbruck Park.�� If potential d�mage to th� envir�nment, on the subject praperty, c�n be �liminat�d or mitigated by stipulations a��ached to the plat app�aval, the Cauncil shaul.d a.�tach appropria�Ge conditions to the glat ap�araval rather than deny �he proposed �a].at. �n add�tion to qu�stions reqarding ather statu��s or ordinances that might apply to the proposed plat, administratian also asked m� the questiori whether th� Ci.ty cauld require the develaper to pay for costs c�f ariy studies required under Sect�.an 12.11 of the �'ridley ard.inarices. I am af the opi.nivn that i€ any studies were necessary to d�termin� wbether there was potential envzranmental dama.ge that i� would be approPriate to charge the developer under . this Section of` aur Ordinances. CdNCLUSION Based on the ].eg�l research that � have done as well as the �xaminatiotl of the staff repart and recomraendations, �he minutes a.nd recammenda�ions of' the Planni3lg Cammission and the fi�ld study by Peter�on Enviranmental Cansul�ting, Znc., it is �uy CariG�usion: 1. That an EAW is not apprapriate in t%iis cas�; 2. B�sec� an the informatiQn tha� I have received regarding this praject, I do na� believe that there is sufficient damac�e ta natural resaurces that wouid invoke the MinnEasota Environmental Rights Act; 3. Th�rE� does not appear to be any inPormation that would indic�ate that the projec� will be.in violation of the st�tc�'s statutes ar Fridley ordinance as they apply to juxi:ydictional wetiands; 4. The j?roposed dev�lapment is au�harized by the city zoning code and meets the requirements of �he city's plat�ting ordinance; and 5. The ��onditions that the staff has placed on the plat adequately address any environmenial concerns. 2FF Page 27 - Ordinance No. 1028 G. �he applicant must submit the requirements of this Section in writing, by certified mail, to the board. If the applicant wants to make oral argument to the board, it must be indicated art of the application. The board may require that the applicant appear before the board. H. If the board finds that �he applicant has submitted a complete application and proved the requirements in this Section, the board shall compensate the applicant as required by law within 90 days after the board received a completed application, provided that within the same time period the applicant �ust convey to the board a conservation easement in the form required by Minnesota Statutes, section 103F.516. If the board does not provide the required compensation in exchange for the conservation easement, the applicant may drain or fill the wetland in the manner proposed, without replacement. 19. WET7�AND BANRING The applicant may use wetland complies with Minnesota Rules alternative site is available. 20. PENALTIES banking credits if the project 8420.0740 subparagraph 2 if no Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. 11.10. FEES CODE 205 il.ii. SUBJECT FEE Wetlands Certifying Exemptions $75.00 Replacement Plan Application $75.00 No Loss Determination $75.00 Appeal of Decision $75.OQ ADMINISTRATIVE ASSESSMENTS In addition to the fees in Section 11.10, an administrative assessment will be required to fund special studies such as environmental assessment worksheets, transportation, drainage, noise impacts, indirect source permits, wetland impacts, etc. The amount of the assessment is to be based on the site, complexity, diversity, and location of the project as determined 2GG � Page 28 - Ordinance No.�lp28 � - � � .� � .:. . . . _ . . , . . . . . . . . .. . . . . � . - b�y . staf€, bu� shall �.no�t . be Iess. tY�an.•-2�. 5, fii�es th�e hourly wage � of •.. � i � � estiniated staff • time. ' : � • ' � . � �: . � � � � . ' • � � , i � , PASSED.AND�ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY � THIS 21ST.DAY OF MARCH,�1994.-: . ATTEST: WILLIAM J. NEE - MAYOR �.. WILLIAM i�. CHAMPA, CITY �. CLERK . _ � . : .. Public Hearir�g: : February 22, . �1994 . - � � � � ` �First Readingi Marcii 7, 1994. � � � � Second.Reading: March 21, 1994 � � Publication:� March 29, 1994 � �� 2HH 7 � Friends of Innsbruck Park 5660 Arthur Street Fridley, MN 55432 July 20, 1994 Dear Council Members and City Officials, ' ��,YL N � �f1'f�� Thank you for your serious consideration of the issues raised by the Friends of Innsbruck Park concerning the proposed development of the Totino Grace property and its adverse consequences to the overall environment and to the ecology of Innsbruck Park. To reiterate our positions — as a responsible community we need to know what sort of environmental asset this property represents to the city before any decision to develop it is taken. We need to take a comprehensive look at the rest of the city to see just what we have in developable properties that may present conflicts with environmental issues, or opportunities to add to our parks and nature reserves. It is a question of options and consequences and the fact that we do not yet fully understand either. As for our request that the city council impose a requirement for an EAW, we acknowledge that because the wetlands on the site are merely delineated. and have not been classified as protected as we assumed they were, the city cannot require that an EAW be done. It can, however, require as thorough an assessment of the environmental and ecological situation and concerns the project raises as it wishes. We are confident that such an evaluation of the property will indicate its intrinsic environmental and ecological value. Even without such an evaluation, It remains clear that the proposed development will involve wetland, terrain, and vegetative impairment and/or destruction which is likely to materially adversely affect the environment, and that there certainly are alternative site options for locating new housing within the city of Fridley which represent less environmental cost. We stand by our position that the development should not go forward and we repeat our request that the development be stopped. You should be aware that regardless of the city's prerogatives under the state's EAW legislation, the office of the Attorney General feels that the Environmental Rights Act (Minnesota Statutes 1166) coul� be applied in this case. It is our understanding that the city attorney is reviewing the statute and relevant case law. Our legal counsel has advised us that civil legal remedies are available and applicable under this statute in situations such as this. As for the possibility of using resources other than city funds for securing the site for public use, we have arranged a meeting and site inspection by the Trust for Public Land and a member of the city's community development staff for Tuesday, July 26. At that time we will ask that the Trust for Public Land work directly with the city staff on the project if the city so wishes. �, �� John Haluska On behalf of the Friends of Innsbruck Park i . � . I DATE: TO: FROM: SUBJECT: ' ` Coxr�mu�nity Deve�opmerit D..epa�in�n� - � .. � . . � �. : � • PI�ANIVING �IV�S�ON � � � � � . . . � City of Fridley July 21, 1994 . William Burns, City Manager Barbara Dacy, Community Development Director Variance Request, VAR #94-06, by Kim Miller of Mi.11er�Funeral Hpme; 6210 Highway..65 N..E. The Cit� Council tabled action on this�request at�the JuZy 11, � 1994 meeting so t�at the petitioner could investYgate-an alternative sized�sign.. The petitioner has s�zbmitted a plan-for an eight squa�e foot sign-to be located along West Moore Lake Drive. The proposed sign reads, "Funeral Home Parking". The sign would be two feet tall and four feet wide, and would be placed on a five foot tall pedestal. The variance request would therefore be reduced from 98 square feet to 88 square feet; the new sign on Highway 65 is 80 square feet and the proposed sign is eight square feet. The eight square foot sign equals the dimension af two, four square foot directional signs which are permitted by the Sign Code. The City Council has in the past placed stipulations for sign variance approvals regarding procedures for routine maintenance , or if the sign is replaced or remodeled (see Section 214.17.02.B of the Sign Code). BD/dn M-94-390 �. � � , ' � S . . : .. .,.. .G;;.... F . .. . ' /'. ' , . - , , . . . . .. � ... • . � �� ' � D Q b ---�ir� �J � � ... . . . . .. � ._ ; . . .. •. . .. _ ... . . . : o. . : : .. .. � � � � � E , . � . -�------ . . � i s�� f '=. , � _ f � � it 1 �_ � 3a �:� .. VAR ��94-06 Miller Funeral Home • � ♦ � •a 1► � � ;� � i rs � �• � + s ♦� � . �i�r;� �, • i�i � - . �� . ' • . �:.°' .' � �.:.� � ' . . � _ ..�..�.:..e. . ♦ �. H�l�i7YM �� ♦�� '�� ,i ; .i • �, M • v ,` .�.. . .1 o:w� r ♦ ♦�0♦ ��i ♦ ��►��►i� (!`�!f'�, • ' •irr�� ♦ �r��7♦ •ii ♦�� t� ; - � • .�� ♦ � + � � ��ro��s�e ''�' - �'��.. �: �=�-�-�. ••, ♦ �♦ ��♦ -��'' ��y �� • ��' ''� ._ .��i�i�i�i ...•+• s�•��♦ � ♦��♦ n I ��>�� ' .. ►�s��s ♦ o<•��♦ . i • ��♦ ♦♦�.�� g : .��*� ►��o��• v�.��♦ • , •- , ��..+�1+� �. . ��e�� , � �,.�.��,,��.� i,. . �.! ♦��♦ • ♦��►-•-�-•-. .�, •. ♦��♦ ♦♦♦•e�♦ `''�Q � ��0�.��'ye�` ♦�� ♦�f�.►♦ �s�� . i .� al. %� �-�-�:.��+ ��♦ • ��I��:��.� �� .��_��,i� ,':� ♦ ♦ ' p • , � � � � . - �'9��J�� i � ♦��V�i�►•► ♦�♦ '�'��'� -S,� • ►��♦ �!►��t'�►�♦ , �=1 : • z �•�•�•�•�•�•�•�;�%�'i•�•�i•�•�,�• p��y � . •Qi ; . ►��♦ . ...�•.��♦ Q �3�� • �' r� •��.,.��ti��♦ �'. ��; E♦��,�� •►��♦ i��s•.��♦ ++�` ,,.. ♦: � � � ��i''i��!i: i�� : /�j�«� � V ��I��N�1 �� - . _ , ' ♦ � ��♦�� > f♦ '� NOISTRICT LEGEND � R-1 -ONE FqMILY DWG�S � M-1 LIGNT INDUSTRI4� � � T R-2 TWO FAMILY OWG 5 ❑ M-2 HEAVY INDUSTRIAL � R-J GEN. MULIIFLE DWG'S � VUD PIRNNEO'UNIT DEV r� R-< MOBIIE MOME PARN � ❑ $-1 HYDE FRPR NEiGH80HM00� IJ � PUBLIC FaC�LITIES L� 5-Y � NEDEVEIOVMENr JISiqICT � C-1 �OC4l BUS�NE55 ❑ O•1 CREEM 6 RIVEA ��ESEA�4TION -� C-1 ,^.ENER>L BUSINE55 � O�] CRITICAL ARE> � C-] ,:FNE��at SHCOOiNG � `J �.-Rt �.ENF�4l J��:F .... V:C>LCD SiHEf": . 3B ZONING �1�IAP 214.1�_ EXISTING SIGNS 1. Sign Haintenance. � A: :Th'e structu�e and surfaces of all signs shall be mai�tained � in a safe and presentable condition at all times,,including the . replacement of.de.€ec'tive parts, painting, repainting, cleanipg � •.and -other acts' zequir'ed 'to prev�ent� the��sign structure. and surface from becoming hazardous or unkempt in appearance_ B. i�Then any sign is removed, the City shall be notified and the eat.ire sign and its.structure shall be removed. ;l ) 0 �� 2_ I.egal Nonconforming Signs. A. Any sign located within the City on the date of the adoption of this Chapter which does not conform with the provisions of this Chapter, is a"legal nonconforming" sign and is permitted, provided it also meets the following requirements: (1) The sign was covered by a sign permit on the date of the adoption of thi� Chapter, if one was re.quired under applicable.law, or '(2) If no�s.ign permit was required for the sign in question, the sign was in all respects in compliance with applicable law on the date of the adoption of tfiis Ctiapter. B. A sign shall immediately lose its "legal nonconforming" designation and be termed iliegal nonconforming if: (1) The sign is altered in any way, except for routine maintenance and change of inessages, which makes the sign less in compliance with the requirements of this Chapter than it was before the alterations. (2) The supporting structure of the sign is replaced or remod.eled. (3) The face of the sign is replaced or remodeled. (4) The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty percent (508) of the value of said sign, at which time all of the sign and its structure must be removed. (S) Notwittista�,�ing subparagraph (1) above, upon the change of the name of the business being displayed on this sign. 3. Abandoned Signs_ • • � Arny sign vhich identifies a use that has discontinued operation for • a period of more than three (3) months or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management shall not be deemed abandoned unless the property remains vacant for a period of more than three (3) months. An abandoned sign is prohibited and shail be removed by the otaner of the sign or the property owner. 11/88 3C 214_17,03. F�ISTING SIGNS 214-15 � MEMORANDUM 'i � � _ Municipal Center . • � -• 643.9 Universi.ry Avenue Northeast � � � • Fridley�,;MinneSOta 5543�. �: . .� � : � - . . .: . ��F ' .� �6�12J 572=3507. � . . � � . • � - .. ��DL� FAX: (612) 571-1287 � - . . . : . . �. V�illiarYr C. �Hunt . : � As'sistant.�to the City Manager ' Memo to: .Ni11�am � W. . Burns, City Manaqer ��. � From: William C. Hunt, Assistant to the City Manager �� subject: First Readinq of Ordinance Amendinq Chapter 2 and Section 4.04 of the Fridley City Charter Date: July 21, 1994 � � . � Followir�g the publ�ic hearing on.Chapter 2 and 5ection 4.04 0� the• Frid�ey.: City. Charter on �July 11, 1994�, it ��is� �n orcler� to schedule. the f'irst reading of the amending ordinance for the Council meetirig of July 25, .1994. . According to Minnesota Statutes 410.12, Subd. 7 the ordinance "shall be adopted by the council by an affirmative vote�of all its members after a public hearing upon two weeks' publication notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances." There is no provision in the statute which would allow the Council to alter the amendment proposed by the Charter Commission. It is a straight up or down vote. These amendments have been submitted to the Council on several occasions in the past. The current proposal is the same as the previous one with the exception that the present language in the first sentence of Section 2.05.01 (new Section 2.06.01) has been restored. The previously proposed amendment which would have made "failure of any Councilmember to attend eight (8) consecutive regular meetings of the Council" grounds for declaration of a vacancy has been withdrawn. Since the proposed amendments involve a considerable reorganization of Chapter 2 I have summarized them below listing items by sections in the proposed amended version. Some of these comments also appear in bold type face interspersed in the body of the text. 2.01.01 2.01.04 Clarifies the source of the "Council-Manager" plan of government. Expands the ability of the Council to require production of non-documentary evidence such as electronic data. _ . Memorandum to Wi�.liam W. Burns � - . ". . _ . ' Public Hearing on. Amendments��to. Fridley City Charter �. �. , .. � �Chapter.2.and Section 4.04 . . . � .. ' � . ' . . ' . � JU�y 21,: 1994 . � .. . : . : . - • . • � : �.� Page Two � 2.02.02- Deletes language which was required for the�transition 2.02.04 to elections in even numbered years and links the elec- tion of Mayor and Councilmember-at-large.to presidential election years and of Ward Councilmembers to guberna- torial election years. 2.02.05 2.03 2.03.01 2.03.05 2.03.06 2.04.01 2.04.02 Changes slightly and clarifies when terms of office begin and end. The previous section 2.06 was one long paragraph.. This has been broken up into subseciior�s for greater : Clarity. Corrects the�title of the Mayor pro tem and specifies that the appointment�is only.for.the temporary absence. or disability�o��the Mayor. � � . Clarifies that the Ma�or's duty is not an on-going, annual duty, but rather something done when necessary at the direction of the Council. This avoids a potential conflict with section 2.01.02 which prohibits the City Council from attempting to perform administrative duties other than through the City Manager. Revised to allow the Mayor to take control in time of emergency without first having to seek Council approval. Deletes obsolete references to the original City Charter. Changes for clarity which do not affect the substance of the section being amended. 2.04.04 Changes made to accommodate the very complicated and frequently changing state legislation and case law regarding redistricting of wards and precincts. Eliminates the penalty against the Council for failure to redistrict in a timely fashion after the decennial census. 2.05 2.06.01 Clarifies the disqualifications of Councilmembers from being employed by the City in other capacities. Provides a time frame of thirty days from the event in question for the declaration of a vacancy. 2.06.02 Provides for a special election to fill a vacancy declared to occur in approximately the first three and. a haif years of a four year term of office, that is before filings for the next election of the office in . � Memorandum to William W. Burns � � � Public Hearing.ori Amendments to Fridley City �Charter . - Chapter 2 and �Section .4 . 04 � � � July 21, 19.9.4 �. , � _ � � � . . . Page Three . • . � . . � . � � . question are closed. Changes the window from 45 to 60 days to 30 to 65 days. The current state requirement of having absentee ballots available one month before the election, the requirements of notice, and the amendment requiring at least eight consecutive working days for filing for office might make it difficult or impossible to hold a Tuesday election within 60 days. 2.06.03 Allows for a primary election prior to a special election to fill a vacancy if more than two candidates file. 2.06.04 Requires the Council to appoint a non-candidate if��the vacancy occurs after filings are closed but before October 1 of the fourth year of the term. 2.06.05 Provides for the winner of the general election to assume office immediately�if the vacancy occurs on or after October 1 of the fourth year of the term. 2.06.06 Provides for the Councilmember-at-Large to serve as Mayor during a vacancy in that office. 2.06.07 & Provides for restoration of the Council in case the 2.06..08 membership of the Council is reduced to two or less, for example in the case of a catastrophe or multiple resignations. 2.07 Deletes obsolete language from the original charter. 4.04 Clarifies the fact that special elections to fill a vacancy on the Council are governed by section 2.06. Attachments c: Charter Commissioners � � � � ORDINANCE NO. � � . � . .AN :ORDINANCE 'AMENDING: .CHAPTER 2 ANb� SECTION 4 . A4 , . . �, . � . . ' � : QF �T�iE. '�R��DL�Y CI.T.Y ` CHARTER , . . � The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 2 . . .. ,. . CITY COUNCIL ORGANIZATION Section 2.01. COUNCIL-MANAGER PLAN IMPLEMENTATION . 1. The form of government estabTished by this ChartEr shall be known as the. "CouriciT-Manager Plan:" pursuant to Mirinesota � Statutes. � � COMMENT: CLARIFIES THE SOORCE OF THE r�COIINCTL-MANAGER PLAN.�' 2. All discretionary powers of the City, both legislative and executive, shall vest in and be exercised by the City Council. It shall have complete control over the City administration, but shall exercise this control exclusively through the City Manager and shall not itself attempt to perform any administrative �3� duties. .. 3. The Council shall �s��'��e;—a�e�-s�� perform the duties and exercise the powers of all � Citv boards and commissions except as n�n otherraise provided by statute or by this charter. It may,��.=P�; by ordinance create commissions with advisory powers to investigate any subject of interest to the municipality. 4. The Council shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books, papers and other e � evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem affecting the City or its inhabitants. Each such investigation shall be authorized by resolution of the Council. COMMENT: MOVED FROM PRESENT SECTION 2.08.01. E%PANDS TIiE ABILITY OF THE COUiJCIL TO REQIIIRE PRODIICTION OF NONDOCIIMENTARY EVIDENCE. 4C � 5. Any member o� the Council.may request in writing any specific• . � informat•ion �rel..ating. to any •departm�nt vi.a � the City. Manager. .: . .� The •Ci:�y� Man�ger shall respond;ir►..writing� witfiin a.reasorlable� �. � � ..: .�. �. �periAd. of tii�e.. � (Ref. brii. .592). . _� � : . �... - :._ . �� . . �. . � � : . � COM�IENT: MOVED FROM PRE8ENT SECTION 2.08.02.�� ' � 6. Except for the .purpose: of inquiry, the Council and its members � shall dea��with and�coritrol the administrative services�solely. through the City Manager, and neither the Council nor any. member thereof shall giye orders.to any of th� subQrdinates of the City Manager, either publicly or privately. COMMENT: MOVED FROM PRE$ENT SECTION 2.09 Section 2.93�02. ELECTIVE OFFICERS 1.. The �Council shall be composed of a Mayor and four.�(4). . � Counci3,membe�s� who. sha11 b� el;igible votez�: � . . . � , . � � 2... The Mayor shall be elected at large � in each.�United States � . � presidential ele.ction year• ��to a � . , �- y, • c�..�.. �.� �{ �, y. y,A ^7 ,�} a • 7 n r�7 L. .. 7 l �. L... � C...� . . � " �� .�. ��."1T�CTSTJL -1�e"L�. e"77 CTS �. .�i �Ce'RiTn77T.�I1Llii'A�'.rG�Q �e�t-e e�s—�a�e�t�i-�e�--�-�e-�e�T; : �' � . _� j € �ci.:� �i �, - ��' �'_=_= r=�+ae�n P_� P_F?�'F_'P_E� tn fhe? c�ffi �p nf i�a�e�s��-H�e-��ecy�ee�-€e�-a term of four ( 4) years . �3. One (1) Councilmember shall be elected at large in each United States bresidential election year to �e�--a �P?� A� �-�aPp �� 'L . . ' -( , i itE?'� -_ t��EJ 6�--�� «, a..ti. .. �z-�c�6i`t9=�c="'�a -� 6 9 c3�iT2 � n n � a a u. ,., .,. • -�ii��i'��—r?�z--Ctlz�r–��@13i�.�`�"l�re'8-� � . e-�ee�eel--�e�re-e€€��e-e��c�l-�e�e�-��-b��e-� ��'=r-�e �ee�ee'�-€e� a term of four ( 4) years . 3:4. Three (3) Councilmembers shall be elected =e=-z�s e€-�ee in each Minnesota uubernatorial election year from three (3) separate Wards of The City, , • i.t. ' ...L... l 1 L... LL... �.�...�.... � 1... ...L.�... L..��.� ...... /� \ u�i�cz�rrrs-�'=1�' •••••... =------ -- ---_ _---------------- ---- ---� ---- .-. .., � u. .. i i �,. : a.....,., a �-�-e�-��l�it-�e�-�6 S�d�", S�s-�" �Evciia�ri-nr -"'cn�--x°-v�::irr�--€e�--�eire--�}-��:= �?�!! �.a? ___-"a..a�_ i-?1_ �_p� � ��7y��_^��.,�y� - - - - --- -- =r = - y� 17� S�TIGTe'�'�GIITA �. ' LTDII TT-R�r�f� .�TLT31�Tf�•• � �f ..1.. .. 1T77 G e-�e��e� �-'_��---ea��-€e�-�e�s e�n ee---F33-�ea-� , �e-�se�s�c��e��e��e-�€€tee�s-��-l�t��-i�a� a�a Ee�e��te�e-p--€e��-3 s��,�� e-�e��ee�-€e�-t-��n to terms of four (4) years each, z•aru fn�inth tarc�x�tha.ra: ca.��.. }}�- .,� ..ry}..� �.,�o ..oc� ._., -. �� j �� j �...� ��...��...�...v � ...��v l..vr...v.. vr...v....�.v. ...v ...�.... ...«�v... e�e'��'GSi�'CIRA CTZVL�LT��'�9�' �1ZRIT�TJE'—��ecC�C��.T"-�"1�—CC�%l / , � COMMENT3: SECTIONS 2.03.04 AND 2.03.05 MOVED TO'NEW.SECTION'2.04. � � 6-: 5. TY1e term of Mayor arid of each CounciTn�embex . sh�all.l�egiri� on. th� .�, . � . � fiz-st e��-� '-•�� = c��y '�'��- . �'�'�` .of January. � �following: . � .• . tiieir election to : office and shall' end dri� December 31 of �the .: .� last vear of the term. The incumbent may remain�in office until �e�r a successor has been duly e-�ee�e�=a��=s qualified and accepts the of�ice. The first order of business at the first official Council meeting in each January that fotlows an election year shall be the swearing in of the newly elected members of the Council. � COMMENT: CHANGES THE TIMES WHEN TERM3 BEGIN AND END. 6. The Council shall be the judge of the election of its members. COMMENT: SECTIONS 2.03.07 AND 2.03.08 MOVED TO NEW SECTION 2.04. SE�TION 2.04 MOVED TO NEW SECTION 2.05. SECTION 2.OS MOVED TO NEW 3PCTION�2.06. . Section 2.8603.� THE MAYOR 1. The' Mayor shall be the presiding officer of the Counc�l, except that a mavor pro tem . shall be chosen from the remaining Councilmembers to'°�'a �`F�� serve at the pleasure of the Council, who shall act as Mayor in case of the Mayor's temporary disability or absence from the City. COMMENT: CORRECTS THE TITLE OF THE MAYOR PRO TEM AND SPECIFIES THAT THE APPOINTMENT IS ONLY FOR THE TEMPORARY ABSENCE OR DISABILITY OF THE MAYOR. 2. The Mayor shall vote as a member of the Council. 3. The Mayor shall exercise all powers and perform all duties conferred and imposed by this Charter, the ordinances of the City and the laws of the State. 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. COMMENT: THE FOLLOWING SENTENCE IN 2.06 MOVED TO NEW 2.01.07. 5. At the direction of the Council �Pthe Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. 6. In time of public danger or emergency the Mayor may, -•�'-'� �� e��'s—��=.��, take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. � COMMENT: REVISED TO ALLOW MAYOR TO TARE CONTROL IN TIME� OF EMERGENCY WITHOUT FIRBT HAV.IidG .i'O `88BR COIIN�IL APPROVAZ. Section 2.0.4. WARD CO.UNC�.LMEMBERS . . 1. The City.is divided into three (3) separate election Wards desiqnated as `�'�T Ward 1, Ward 2, and Ward 3. a�9LTl...�- wT.. � �f � C l ...�� -�}�---�a�el�ie�-3r-s�a�3�e-��ea-ee��-s��g--a��-e��e n �s��-�'� wc,�—nT�v.—� . COMMENT: REVISED FROM PRESENT SECTION 2.03.04 2. �e A Ward Councilmember �ee�e�—€�e��e� must be a resident of such ward_ a�--ee�s�g�e `�� a�-�- �'��` `�'�na'iT^�9 Pli 1-11 ��_ _��_^_ _� C�i?;3"fPlTi11P111�P_Y' t�---- -�,.•�'. i �P?�?� e��f-€}�e-s'� ��re�-�s .'� �'�� L-� _ If the Ward Councilmember ceases to be --- - -==� --- ----- _... a resident of the�ward, then that office shall be declared vacant. However, a change in ward boundaries during the term of office shall not disqualify the Councilmember from completincr the term. COMMENT: REVISED FROM PRESENT SECTION 2.03.05. 3. The boundaries of the three (3) wards shall be redetermined from time to time by ordinances duly adopted by the Council, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than three percent (3%) from the average of the three (3) wards. COMMENT: MOVED FROM PRESENT $ECTION 2.03.07 4. After each decennial census of the United States, the Council shall redetermine ward boundaries, This redetermination of ward boundaries shall be accomplished within the deadlines established bv Minnesota Iaw. If no deadlines are established by law, then redistricting must be completed no less than one hundred (100) days prior to the legally.determined date of the municipal primary of the year ending in the digit two {2)�� . If further redistricting is necessarv, as determined by the Council, the adoption of the 4F new boundaries shall be prohibited durina the time period from ninety �90) days before a primary election up to and �ncludinq the day of the general election in the same year. Any prohibitions stated in the Minnesota state statutes pertaininq to tiie ad�option of the rlew bounda�ries shail also apply. COMMENT: MOVED FROM PRESENT SECTION 2.03.08 Section 2.94 05. DISQUALIFICATION FOR APPOiNTIVE OFFICE No incumbent member of the Council shall be appointed acting or permanent City Manager, nor shall any member hold any other paid municipal office or employment under the City; and no former member shall be appointed to any paid office or employment under the City until one (1) year after leaving office. COMMENT: THIS CLARIFIES TIiE DISQUALIFICATIONS OF CITY COUNCILMEMBERS FROM BEING EMPLOYED BY THE CITY. Section 2.8sOb VACANCIES IN THE COUNCIL 1. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify.on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after their qualification, or by reason of the failure of any councilmember without good cause to perform any of the duties of inembership in the Council for a period of three (3) months. In each such case, within thirty (30� days the Council shall by resolution declare.s� a vacancy to exist_ ��s�i�'_'_�ert�=�t-�i. (Ref. Ord. ) 2. If a vacancy is declared to occur before filings for the next election of the office in question are closed, the Council shall call a special election to be held not less than �- €�e-��-j- thirty (30� days nor more than sixty-five (G865) days from the time such vacancy is declared. The Council shall designate a period of eiaht (8) to twelve (12� consecutive workinq davs for the purpose of filing nomination petitions in accordance with Section 4.06. (Ref. Ord. ) 3. In the case of a special election to fil.l the vacancy, �e-�e e€-�o�e�es s7 ��-�e—�er�}a�e�Te=��--the procedure provided in Section 4.03, Primary Elections and� Section 4.04, Special Elections, shall be followed except for the schedulinq of election dates, which must be within the time frame specified here. The winner of said election shall be qualified and take office immediately upon certification 4G by the board of canvass and shall fill the unexpired term. (Ref. Ord. $57, Ord. ) . . . . � • , .� ' � * rr a- � • ca..�....,..i- 7Px��t#1_� ��P a?—r�''�i@--�t9-�&�3i}�al��i`--��.-rcrr � �� : ,,.a.«....,. s. s i � i,. E— ��i�-=9 @•...a. ; i.s. a.L .. ...L..,...a..... � . - - - - - - - �.� ' 4. If the vacancy is declared to occur in the fourth vear of the term of office after filinqs for the office in question are closed, but before Oe�ober 1, the Council shall appoint fwithin thirtv L,30) days of the vacancy declaration] by maiority vote a qualified citizen, who has not filed for any municipal office in the qeneral election in guestion. The appointee shall assume the office immediately and complete the unexpired term. (Ref. Ord. j 5. If the vacancy is declared to occur on or after October 1 of the fourth year of the term, the winner of the general election shall be qualified and take office immediately. If the winner of the general election cannot take office due to reasons indicated in Section 2.06.01 above, the Council shall . declare a vacancy and order a special election as provided for in Sections 2.06.02 and 2.06.03 above. The person so elected shall serve out any of the remainder of the unexpired term as well as the full four year term. (Ref. Ord. ) 6. If the Mayor's position is declared vacant, the Councilmember- at-Large shall serve as Mayor until the vacancv is filled. (Ref. Ord. ) 7. If at any time the membership of the Council is reduced to less than three (31 members, the City Manager shaTl order a special election after the manner provided in Sections 2.06.02, and 2.06.03 above to bring the membership of the couneil up to five (5). (Ref. Special Election 3/25/75, Ord. 776, Ord. 857, Ord. ) 8. If the position of Citv Manager is vacant, the City Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judge of District Court of the State of Minnesota within whose 1urisdiction the corporate offices of the City of Fridley lie shall order such an election. (Ref. Ord. ) � 4H Section 2.07 SALARIES AND EXPENSES The Mayor an� each CounciTmember.shall receive �� j-�� reasonable remuneration or.salary, the arinual amount and paymen��of which shall be prescribed by ordin�ance duly adopted on or before Noveinber � lst of the year preceding payment of the same. r,��n�rs� , When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred. in connection with the. City's business. The City Manager and all subordinate officers and employees of the CIty shall receive such reasonable compensation as may be fixed by the Cour�cil. COMMENT: 5ECTION 2.08 MOVED TO NEW SECTION3 2.01.04 AND 2.01.05. COMMENT: SECTION 2.09 MOVED TO NEW SECTION 2.01.06 CHAPTER 4 NOMINATIONS AND ELECTIONS Section 4.04 SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provid�� all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections, shall conform as nearly as possible to that herein provided for other municipal elections. 5pecial elections for vacancies in the City Council shall be held in accordance with the provisions of Section 2.06. (Ref. Ord. ) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: 41 WILLIAM J. NEE - MAYOR . .CITY OF FRIDI�EY � ' . . PLANNING 'COMMISSIOI� MEETI.NG�, JULY 13; 1994_'� . . � . . . .' CALL TO ORDER• Chairperson Newman called the July 13, 1994, Planning Commission to order at 7:30 p.m. ROLL CALL- Members Present: Dave Newman, Dave Kondrick, LeRoy Oquist, Brad Sielaff, Connie Modig Members Absent: Diane Savage, Dean Saba Others Present: Barbara Dacy, Commur�ity Development Director Michele McPherson, Planning Assistant Tom Wacholz,.Opus Corporation 1�Iichele Foster, Opus Corporation APPROVAL OF JUNE 29, 1994, PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the June 29, 1994, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. l. LOT SPLIT REQUEST, L.S. #94-02, BY MURPHY WAREHOUSE COMPANY: To split property into two separate parcels generally located at 48th Avenue and Main Street. The legal descriptions for the two lots are as follows: � Parcel A: The south 1025.22 feet of Lot 2, Auditor's Subdivision No. 79, as measured at a right angle to and parallel with the south Iine of said Lot 2 and which lies easterly of a line parallel with and distant 511.00 feet easterly o�, as measured at a right angle to and parallel with the Burlington Northern RaiZroad Company (formerly Northern Pacific Railway Company) main track centerline, except the east 33.00 feet of said Lot 2. Parcel B: That part of Lot 2, Auditor's Subdivision No. 79, which lies north of the south 1025.22 feet of said Lot 2, as measured at a right angle to and parallel with the south line of said Lot 2 and which lies easterly of a line parallel with and distant 511.00 feet easterly of, as measured at a right angle to and parallel with the Burlington Northern Railroad Company (formerly Northern Pacific Railway Company) 5 PLANNING COMMISSION MEETING,_�ULY 13, 1994 ' PAGE 2 main track�centerline, except the east 33.00 feet�of ." said Lot 2. Ms. McPherson stated the petitioner for the request is Murphy Warehouse Company. Burlington Northern Railroad (BNR) is the owner. The petitioner is represented by Opus Corporation. The lot split request is fo.r the property generally located b�tween 47th and 49th Avenues and between Main Street and the BNR yards. The property is vacant and is zoned M-2, Heavy Industrial. The property to the east is all single family residential. Ms. McPherson stated the total parcel measures 19.72 acres. The petitioner is proposed to purchase 15.5 acres with the intent to construct a 265,OOO.square foot warehouse. The lot split as proposed would create two �arcels. One is the 15.5 acre parcel to the south, and the remnant piece.is 4.2 acres. The lot widths are 1318.93 and 29�.7 feet resgectively. Both �ots exceed the minimum lat area requirement of I:5 acres and the minimum requirement of 150 feet. Th.ere is an active Amoco fuel line along the southerly:property line and there is an MWCC sanitary sewer intercepto� along the west property line. Ms. McPherson stated Anoka County has reviewed the proposed plans as the property abuts Main Street which is a County ro.ad. Anoka County has requested a 67-foot drainage and utility easement be dedicated along the west right-of-way line or east property line of the subject parcel to be used for stormwater ponding purposes in conjunction with the reconstruction of Main Street. Ms. McPherson stated the petitioner is intending to construct a 265,000 square foot warehouse on the property. The building measures 602 feet by 442 feet and will be 33 feet tall. It is to be constructed of precast concrete panels. There will be a railroad spur line along the west wall of the build.ing. There will be loading docks on both the north and south sides of the building. There will also be entry drives on the north and south ends of the building. The spur line, as proposed, crosses the 4.22 acre parcel to the north. An access easement should be recorded over the spur line to allow access to the Murphy property. Ms. McPherson stated approximately 30 trucks per day are anticipated by the petitioner. Hours of operation are to be from 6:3o a.m. to 4:3o p.m. with a possibility of a second shift. There are a total of 28 docks, 14 on each the north and south sides. As proposed, the building meets the minimum distance requirements for setbacks and lot coverage of the M-2 district, including the 100 foot setback from the easterly property line which is across from the R-1 district. 5A PLANI�TING COMMISSION MEETING.'JIILY I3, 1994 � PAGE 3 � Ms. McPherson stated.the.petitioner requires or�ly 33 �parking � spaces for the employees proposed to be at the warehouse. The plan provides an additional 106 spaces as proof of parking. The building is designed to be sub-divided in the future into smaller spaces should the petitioner choose to relocate to another faci].ity. The petitioner did provide two re-use scenarios to a11ow for increase�d manufacturing and warehouse space and office space and estimated the possible number of parking on the site. Ms. McPherson stated, in terms of drainage, stormwater drainage currently flows from northeast to southwest toward the BNR yards. The grading p.lan submitted by the petitioner reverses this flow from the northwest to the southeast discharging the water into the upgraded storm sewer system in Main Street. The petitioner will be allowed to release storm water either�at the predeveloped flow rate or 5 cubic feet per second, whichever is less. Anoka County is installing a stormwater pipe because the existing system is not adequate to handle the existing flows along main street. Should the plan proposed by Anoka County fail to be realized, there two options for the petitioner to discharge the stormwater to the west: l. Stormwater would be piped to the existing BNR stormwater system located within the railyard. 2. The petitioner would install a new pipe along the west property line south to a municipal interceptar which then flows west to the Mississippi River. Ms. McPherson stated the parcel to riorth will also be allowed to discharge water into Main Street at 5 cubic.feet per second or at the predeveloped rate, whichever is less. The petitioner submitted the calculations with the proposed grading and drainage plan. Scott Erickson has put together a two-page letter to Ogus Corporation outlining 14 items which are required as part of his review of the grading and drainage plan. The stipulation should be added to the recommendation that the petitioner is.to comply with the items in this letter dated July 13, 1994. ` Ms. McPherson stated the park dedication fee is required at the commercial rate of $.023 cents per square foot. The petitioner also submitted a landscape plan. The petitioner proposes to place the majority of the landscape materials along Main Street to buffer th� residential property to the east and also to break up the mass of the buildinq. The ordinance requires 265 trees {265,000 square feet divided by 1,000). The petitioner at this time is proposing to plant 165 trees so, therefore, they ar� 100 trees short. The petitioner could increase the size oF the trees provided which would reduce the number of trees required by 25%. In that instance, only an additional 35 trees would then be : PLANNING COMMISSION MEET�ING, JULY 13, 1494 PAGE 4 �. . �requi.red;. Staff has� �tipit�ated •that the' petitioner i� to r�vise � the�plan to either comply with the landscape ordinance or apply for a variance for relief from the landscape requirements. Ms. McPherson stated staff recommends approval of the request by the Planning Commission to the City Council with the following stipulatians: . 1. The petitioner shall dedicate a 67-foot drainage and utility easement along the east property line. 2. An access easement shall be recorded over the spur line on the vacant parcel. 3. The owner shall notify the Commuriity Development Department if use of the building changes from a warehouse to.a manufacturing facility causing.the need for additionaT parking. 4. The petitioner shall pay a park dedication fee of $15,529.14 at the time of building permit issuance. 5. The petitioner shall submit a revised plan in compliance with the landscape ordinance requirements prior to issuance of a building permit. 6. The petitioner shall comply with the items in Mr. Erickson's letter dated July 13, 1994. Mr. Newman asked which parcel would be Parcel B. Ms. McPherson stated Parcel B would be the 4.22 acre parcel that is the remnant as a result of the lot split. This�is the parcel to the north. Mr. Newman asked if these parcels would be separate. Ms. McPherson stated she thought this was BNR's intent. Mr. Sielaff asked, if deliveries and products are going to be leaving by rail, what is the need for the trucks. Ms. Dacy stated there is a variety of clients in the building. Some will be receiving and/or shipping by truck. Not all material will be using rails. Mr. Kondrick referred to the letter from Scott Erickson and asked if the representatives for the petitioner from Opus had also received a copy of this letter. 5C PLANNING COMMISSION MEETING, JULY 13, 1994 PAGE 5 Ms. McPherson.stated they �ad received a copy this'evening�:. Staff just received the letter in late afternoon. The points outlined in the letter are points which have been previously discussed with the petitioner. Ms. Foster, Director of Real Estate for Opus Corporation, stated she and Mr. Wacholz, Project Manager for the Construction Division of Opus Corporation, have been working with Murphy on this project. She has been working with them on the land acquisition and land•planning for the site. They are in general agreement with the staff report with the exception of the landscape requirement. With respect to that requirement, she provided background on how they approached the City's landscaping ordinance. As they understand it, there are two alternative computations that can be used within the landscape ordinance - one according to the perimeter of the site and the other, and the greater requirement, is according to the square footage of the building. By using the perimeter calculation, they would be required to provide 68 trees. In looking at the magnitude of the site and •project and the importance of the Main Street.frontage, it was pretty apparent that this would not be adequate landscaping for the site. On this particular site, they are dealing with a very large building, a large amount of paved.area, a rail track along the west property line where clearly landscaping would serve no benefit. In addition, they also have to incorporate a large ponding area on the site in order retain water before it goes into the County system. The alternative requirement of 265 trees they felt was not a reasonable requirement. They asked their landscape architect to prepare what they felt to be the best landscaping plan for the site given those constraints keeping in mind the most important was the Main Street frontage. She felt they have provided a very adequate landscape plan for the site. They have provided a number of evergreen trees to provide screening of the truck dock areas as well as to provide screening to neighbors across the street to help break up the length of the building. While they could provide 100 additional trees on the site, she is not convinced that this is a reasonable requirement given this particular project and the scale of the project. They are between the two standards. The square foot calculation is 265, the perimeter calculation is 68, and they are proposing 165. The plan proposed provides an improvement compared to other projects along Main Street and will provide a very well landscaped project to the neighbors across the street. That is the only issue they have to discuss. They just received the engineer'S letter and, based on a quick review, she thought they were okay with those items at this point. -After they have a chance to review.the�.e items in more, there may need to be further discussions. Ms. Foster stated, with respect to the operation of the building, not all of the materials that go into the warehouse will be C�L PLANNING COMMI5SION MEETING, JULY 13, 1994 �PAGE 6 coming by rail. Some will�come.in by rail and go out by truck;� some will.come in by truck and go out by truck. It will depend on the particular mix of product in the building. Given the type of business, this will vary. Mr. Kondrick asked if there were plans to berm on the Main Street side of the building. Mr. Wacholz stated there are berms at the corners to screen the dock areas. With the ponding in the front to retain the water, there was not enough room to berm the front of the building. Ms. Foster stated they tried to develop a good landscape statement with the front. They plan to plant 165 trees so technically they are 100 short of the maximum interpretation of the ordinance but 100 over the minimum interpretation. With a building of this size, the number can get out of sync with what is expected for a smaller building. Mr. Kondrick stated he had no problem with the landscape plan as provided. Perhaps using larger trees would seem like a good compromise. Mr. Sielaff asked if there was a minimum requirement for trees in the code. Ms. McPherson stated the minimum size is 1.5 inches for ornamental trees, 2.5 inches for street trees, and 6 feet for conifers. The trees proposed are the minimum required by code. Mr. Newman asked if this required a variance. Ms. Dacy stated this is part of the code. A variance request would go to the Appeals Commission. 5he would suggest staff speak with petitioner about a larger tree standa�d. The petitioner is correct that the formula for a large building will require a lot of trees. This issue can be worked out with staff. Mr. Oquist asked staff to speak to the different interpretations and how they are applied. Ms. Dacy stated the intent of the ordinance is basically the bigger the building then there should then be a large number of trees to soften the impact. This is a very large building. While she agrees with the petitioners intent to put most of the landscaping on the north, east and west sides, there is additional room for additional trees. Ms. McPherson stated the calculation is that there shall be one tree for every 50 feet of lot line perimeter or one tree for 1,000 square feet of building area, whichever is greater. 5E .'PLANNII�IG �COMMISS�ON MEETING�, .JULY 13, 1994 PAGE 7.' �.� Mr: Sielaf� asked if t�here: saas a difference. in the ntimber� .• �. ' required when us'ing larger tr�es as compared to smaller trees. Ms..Dacy stated yes. The total number of required bverstory � tree.s may�be reduced by 1/2 tree for each deciduous tree measuring 3 inches or more in diameter or each coniferous tree mea�uring 8 ieet or over. Mr. Kondrick stated he would like to see more big trees which could be put in the landscape plan. Ms. Foster stated they would be open to that if there are areas � where the trees should be Iarger. They do not want to provide an . ex�essive amount of landscaping which doesn't serve a real benefit for �the project.and is an expense for Murphy Warehouse . Company. . Ms: Dacy stated it.is-.�up to the petitioner as to�whether they � � want to appTy for a variance.. Staff is comfortable with the lot spli� request., Staff wouTd like to resolve the Tandscapi�►g . issue. If they want to proceed with the lot split request, they can proceed with a variance at a later time. Mr. Oquist stated they can indicate in their recommendation for the lot split to work out the landscape plan. Mr; Newman asked if the parcel to the south was occupied. Ms. McPherson stated she believed so. Mr. Oquist asked if the railroad spur went through the building. Ms. Foster stated yes. Mr. Sielaff asked who is the owner of the property. Ms. Foster stated BNR is the current owner. Murphy Warehouse Compa_ny will purchase the site from BNR and Murphy wi21 own the building. Murphy Warehouse Company is a public warehousing company and provides warehouse space for other companies. They will not subdivide the space. Companies that contract with them are provided a space in the building and need to know they can move their product in and out of the building when they require. It is not like a multi-tenant building with separate spaces. Murphy's headquarters and main facility is in Minneapolis. They have a facility in Roseville and lease space in Fridley. This wi11 allow them to own and have product in their own building. Mr. Oquist asked how many people would work there. 5F , PbANNING COMMISSION MEETING, JULY 13, 1994 PAGE 8 Ms. Foster�stated�approximately 20=25 employee� would.be at the site. They do have some seasonal tenants so there are times when. there are more people in the building. At this time they have one shift, hut there could potentially be two shifts. Ms. Dacy stated staff have worked with Murphy over the last few months. They have done a lot of work to meet the ordinance requirements, especially in regards to the loading docks. Mr. Kondrick asked what specific plans does Anoka County have for the upgrading of Main Street. Ms. Dacy stated the County is in the planning process right now. Drainage is one issue and the bikeway/walkway is another issue. It is mostly.for th� storm sewer but she was not sure if it was to be widened. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to recommend approval. of the lot split request, L.S. #94-02, by Murphy Warehouse Company to split property into two separate parcels generally located at 48th Avenue and Main Street. The legal descriptions for the two lots are as.follows: Parcel A: The south 1025.22 feet of Lot 2, Auditor's Subdivision No. 79, as measured at a right angle to and parallel with the south line of said Lot 2 and whi.ch lies easterly of a line parallel with and distant 511.00 feet easterly of, as measured at a right angle to and parallel with the Burlington Northern Railroad Company (formerly Northern Pacific Railway Company) main track centerline, except the east 33.00 feet of said Lot 2; and Parcel B: That part of Lot 2, Auditor's Subdivision No. 79, which lies north of the south 1025.22 feet of said Lot 2, as measured at a right angle to and parallel with the south line of said Lot 2 and which lies easterly of a line parallel with and distant 511.00 feet easterly of, as measured at a right angle to and parallel with the Burlington Northern Railroad Company (formerly Northern Pacific Railway Company) main track centerline, except the east 33.00 feet of said Lot 2; with the following stipulations: l. �� The petitioner shall dedicate a 67-foot drainage and utility easement along the east property line. An access easement shall be recorded over the spur line on the vacant parcel. 3. The owner shall notify the Community Development Department if use of the building changes from a warehouse to a manufacturing facility causing the need for additional parking. 4. The petitioner shall pay a park dedication fee of $15,529.14 at the time of building permit issuance. 5G PLANNING COMMISSION MEETING, JULY 13, 1994 PAGE 9.. � 5. The pet'itioner shall submit a revised plan in .�- compliance with the landscape ordinance requirements prior to issuance of a building permit or obtain a variance. - 6. The petitioner shall comply with the items in Mr. Erickson's letter dated July 13, 1994. Mr. Newman stated, in the landscape plan, they tried to do a nice job but six-foot trees in front of a 33-foot building does not screen. Going to a larg2r tree would add to the screening and reduce the number of trees required. He encouraged them to work with staff to see if they could work something out. He felt the unique hardship would be the rail line to the rear of the property. This does appear to be a very well thought out plan. UPON A VOICE VOTE, ALL VOTING AYE,.CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNA�tIMOIISLY. Ms. McPherson stated this item would be before the City Council on July 25. 2. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF JUNE 6. 1994 Mr. Kondrick stated of particular interest is the request to.riame a City park in honor of Mr. John Gargaro. Mr. Gargaro was not only a member of the Commission but also very active in the community. The Lions Club has also submitted a proposal to rename a park and have expressed a wish to place a memorial at their expense. MOTION by Mr. Kondrick, seconded by Mr. Oqtzist, to receive the minutes of the Parks & Recreation Commission meeting of June 6, 1994. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF JUNE 22, 1994 MOTION by Ms. Modig, seconded by Mr. Sielaff, to receive the minutes of the Housing & Redevelopment Authority meeting of June 22, 1994. UPON A VOICE VOTE, ALL VOTiNG AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 5H PLANNING COMMISSION_MEETING, JULY 13, 1994 � PAGE 10 ADJOURNMENT MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED ANp.THE JULY 13, 1994, PLANNING COMMISSION MEETING ADJOURNED AT 8:16 P.M. Respectfully submitted, j�� I,�L�G � 1 � � �� / �G . � � ;f,'� ' ! � Lavonn Cooper � Recording Secretary 51 .. � ��.� DATE: TO: FROM: SUBJECT• Comx��inity �eve�lopm�rit Dep�.rtm.ent � � . � : :P��nvirrc� Divls�oN . � � � . . City of Fridley July 21, 1994 William Burns, City Manager Barbara Dacy, Community Development Director Res.olution Approving a Lot Split Request, L.S. #94-02,�by Murphy Warehouse�Company The.Planning Gommission uhanimously recomaier�ded �pproval of�the: Zot split request b}� Murphy.Warehouse Company�and Burlington� Norther�, Inc. The lot split creates.two industzial parcels. Murphy Warehouse is proposing to build a 265,482 square foot warehouse on the southerly 15.5 acre parcel, and the remaining 4.2 acre parcel will be retained by Burlington Northern for future sale. The Planning Commission recommended approval of the lot split subject to the following six stipu�ations_:- l. 2. The petitioner shall dedicate a 67 foot drainage and utility easement along the east property line. An access easement shall be recorded over the spur line on the vacant parcel. 3. The owner shall notify the Community Development Department if use of the building changes from a warehouse to a manufacturing facility causing the need for additional parking. 4. 5. � The petitioner shall pay a park dedication fee of $15,529.14 at the time of building permit issuance. The petitioner shall submit a revised plan in compliance with the landscape ordinance requirements prior to issuance of a building permit, or obtain a variance. The petitioner shall comply with the requirements in Scott Erickson's letter dated July 13, 1994. At the Planning Commission meeting, the petitioner requested relief from the landscaping requirements; however, the Planning Commission ultimately recommended that the petitioner comply with the landscape ordinance. At issue is the number of trees to be �� . Murphy Warehouse . Co . � � • . � L. S: �.94=0:�2 � _ . " � ... . .'.. July' 21, ' 19'94�:. •` _ �_ . . . , Page � 2 . � . • � planted. .Accordi�g to the ardinanc�, about 265 tree� is required because of the large size�cif the building.� The ordinance does provide for a reduetion in the number of trees if larger trees. are planted. After the Elannir�g Gommission meeting, the petitianer indicated that they are going to investigate this option and contact staff as to a revised landscaping plan. Recommendation Staff recommends the City Council approve the attached resolution. autY�ori.zing the. .lot .split. for..Murphy Warehoiise Compariy •and , Burlington Nor.thern, inc., subject to the six stipulations as recommended by the Planning Commission. � NO'I'E: A`li" x 17" sized .set �of plans. has been .provided �.for the . ' City Council and City.Manager... � BD/dn . . . . � M-94-391 5K RESOLIITION NO. - 1994 . RESOLIITION APPROVING A SIIBDIVISIOi�i',:LOT .: � � �PLZT�.:L.S. #94-02, •.TO 'SP�IT� PROPE&TY FNTO � • .� �WO � SEP.�iR�iTB' PARCEI�$ GENERALLY. LOCATEA• AT 48�H AVENUE AND.MA*N STREET � � WHEREAS,.the Ci�y CounciZ.approved a�lot split at the , 1994 meeting; and the Planning Commission stipulations attached as Exhibit A.; and.. , . split property into two separate WHEREAS, such approval was to parcels: Parcel A: The south 1025.22 feet of Lot 2, Auditor's Subdivision No. 79, as measured at a right angle to and parallel c�ith �the south. line af said Lot 2. and. whi.ch � lies easterly of a line parallel with and distant 511.00 feet easterly of, as measured at a right angle . to and parallel with.the Burlington Northern Railroad eompanys ` (formerly Northerrt :Pacific� Rail�ay Co�pany�) main�track centerline, except the east 33.OU feet of said Lot 2. � Parcel B: That part of Lot 2, Auditor's Subdivision No. 79, which lies north of the south 1025.22 feet of said Lot 2, as measured at a right angle to and parallel with the south line of said Lot 2 and which lies.easterly of a line parallel with and distant 511.00 feet easterly of, as measured at a right angle to and parallel with the Burlington Northern Railroad Companys Eformerly Northern Pacific Railway Company) main track centerline, except the east 33.00 feet of said Lot 2. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split the property into two separate parcels. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 5L WILLIAM J. NEE - MAYOR . , �. Page 2- Resolution No. - 1994 1: 2. 3. 4. 5. 6. . • .. . .. . . . ... . �. EXHIBIT A ��The� petitior►er � shali •declic$te a�67 � fo�ot� drainage .arid� ufiT�ity ��. e.asement along �:the east property..line. .� � . - � " . . �� . An access easement s.hall kie recorded over the spur line on the vacant.parcel. � � . . � • . The owner shall notify the Community Development Department if use of the building changes from.a warehouse to a manufacturing facility causing the need for additional parking. The petitioner shall pay a park dedication fee of $15,529.14 at the time of building permit issuance. The petitioner shall submit a�evised.plan in compliance . with the landscape ordinance re.quirements pr�or to issuance of a building perm�it,.or obtain.�a variance. � The petitioner.shalT comply..with �he:r�gui�elnents�in:Scott.: Erickson!s�letter aatea July 13,�1994. 5M . .: . . . STAF� REPORT .. L�� . . � . : �ommuni:t� �.DEevelopme_r�t�.De�artment�- .. �►� ... . .. . . .... . . . • . : � Appeals Coin�ti;ssio►i Datc • . . - � � � � � ' �� Planning. Coitimission Date : July 13; 1994�� City Coui�cil Datc : July 25 , 1994 " APPLICATION NIIMBER: L.S. #94-02 PETITIONER• Murphy Warehouse Company., petitioner. . . Burlington Northern Railroad, owner. LOCATION• Generally Zocated between 47th and 49th AVenues and between Main Street and the Burlington Northern railyards. The property is vacant and zoned M-2, Heavy Industrial.� � REOUEST• The petitioner proposes to purchase 15.5 acres of a 19.72 acre parcel. The petitioner proposes to construct a 265,482 square foot warehouse on the property. ANALYSTS• Subdivision Requirements The proposed lot split will create two parcels, one 15.5 acres, the other 4.22 acres. The lot widths are 1318.93 and 293.70 feet respectively. Both exceed the minimum lot area and lot width requirements of 1.5 acres and 150 feet. An active Amoco fuel line is located along the south property line and a 21 inch MWCC interceptor is located along the west property line. Anoka County has requested that a 67 foot drainage and utility easement be dedicated along the east property line abutting Main Street. Anoka County will be reconstructing Main Street this Fall and will use the easement for stormwater ponding purposes. **Stipulation** The petitioner shall dedicate a 67 foot drainaqe and utility easement alonq tbe east property line. District Requirements The petitioner proposes to construct a 265,482 square foot 5N Staff Report • . � . � � � � L. S . -#94r02�; Murphy. Warehouse Co:: . .. � � '- . � . • Page2.'�. � .. : .' . . .. . . . . . . . . . � . � . warehouse facility. The building will be 602 feet by 442 feet and 33 feet tall. The�building will be constructed of precast concrete panels. The warehouse will contain a spur line from the Burlington Northern main line. The spur line will be located on the west side of the.building. The spur:line crosses the vacant parcel to the north. An access easement should be recorded over the spur line. **Stipulation** An access easement shall be recorded over the spur line on the vacant parcel. Deliveries �ill b� received from railcars, and�product will also leave via rai]. transportation. The.peti.tioner anticipates approximately 30 trucks per day. Hours of operation will be from 6:30 a.m. to 4:30 p.m., with a possibility of a second shift. The proposed warehouse facility will have loading docks and driveways on the north and south sides of the building. There will be a total of 28 loading docks; l4 on each side.. The proposed building meets the minimum setback requirements of the M-2, Heavy Industrial District, including the 100 foot setback from the R-1, Single Family Dwelling DistriEt on the east side of Main Street. The petitioner requires the use of only 33 parking spaces for the employees proposed to be at the warehouse. The plan provides an additional 106 spaces as proof of parking to meet the parking requirements of the building as it is proposed to be used. It appears, however, that a portion of the proof of parking encroaches into the northerly stormwater pond. The Engineering Department is reviewing this more closely. The building has been designed to allow for future subdivision into smaller tenant spaces. The site can accommodate adequate parking for reuse of the building. To insure that the City is aware of any intended modifications affecting parking generation, a stipulation is recommended to require the owner to notify the City. **Stipulation** The owner shall notify the Community Development Department if use of the buildinq chanqes from a warehouse to a manufacturinq facility causinq the need for additional parking. Under two reuse scenarios, the building could accommodate: 1. 4,000 sq, ft office 50,000 sq. ft. manufacturing 201,882 sq. ft. warehouse 244 total parkinq spaces 50 Staff Report L. S. #94-02 ;. driurphy. Warehouse Co�. Page 3 2. 6,000 sq. ft. office 110,000 sq. ft. manufacturing 139,882 sq. ft. warehouse 366 total parkinq spaces (some of docks utilized) Drainaqe Stormwater currently flows across the site from the northeast to the southwest, toward the Burlington Northern railyards. The petitioner submitted a preliminary grading plan which reverses this flow, discharging the water into Anoka County's new stormwater pipe to be located in Main Street along the easterly property line. In conjunction with Anoka County's reconstruction of Main Street, Anoka County has proposed to install a stormwater pipe along the west side of this section of street. The installation of the storm pipe will allow the petitioner to discharge their stormwater at this location. The stormwater from the site will be metered at the predeveloped flow rate, or five cubic feet per second, whichever is less. Anoka County is installing a stormwater pipe because the existing system in Main Street is not adequate to handle existing flows. Should the plan proposed by Anoka County fail to be realized, the petitioner has two options for discharging water to the west: 1. The stormwater would be piped into the existing Burlington Northern stormwater system located within the railyard. 2. The petitioner will install a new pipe on the west side of the parcel from the subject parcel, south to an 84 inch municipal stormwater pipe which then flows west toward the Mississippi River. The stormwater from the undeveloped parcel to the north will also be allowed to outlet to the new system at the predeveloped rate, or at five cubic feet per second, whichever is less. The petitioner has submitted hydraulic calculations for the proposed development. The Engineering Department is currently reviewing these calculations and will have a set of recommended stipuiations for the Planning Commission's review at their July 13, 1994 meeting. The petitioner will be required to comply with the recommended stipulations. Park Dedication The petitioner will be required to pay park dedication fees at the time �f building permit issuance. The rate of dedication is 5P Staff Repo.rt � � . - � . � .•. L• �.5�.:.� #9�.4-b2 ,.: Murphy ..Warehouse�� Co. � . . : • � � . • � . - . . ::�page .4 • . . . : '. : . . .. . .. . . _� . . . x $.023 per square�foot, or $15,529.14. .**Sti.p�ilation** The petitioner�shall pay a park dedication fee of $15,529.14 at the time of buildinq perm:it issuan�e.. . . Landscapinq The petitioner has submitted a landscape plan. The petitioner proposes to place most of the landscape materials along the Main Street frontage to break up the "mass" of the building and to �prosride screening and buffering�for.the residential property to the east. The ordinance requires 265.trees (265,842 square feet divided by 1,000). �The petitioner should provide an additional l00 trees or request.a variance.to the.requirement. Planting. � �.larger trees woulc� 'reduce �trie �nuittber of �rees .required by 25%� to � 197. An additional 35 trees would tfien be required. **stipulation** Tne�petitioner shall submit a revised plan in compliance with the landscape ordinance requirements prior to issuance of a building permit. RECOMMENDATION/STIPULATION3: Staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. The petitioner.shall dedicate a 67 foot drainage and utility easement along the east property line. 2. An access easement shall be recorded over the spur line on the vacant parcel. 3. The owner shall notify the Community Development Department if use ot the building changes from a warehouse to a manufacturing facility causing the need for additional parking. 4. The petitioner shall pay a park dedication fee of $15,529.14 at the time of building permit issuance. 5. The petitioner shall submit a revised plan in compliance with the landscape ordinance requirements prior to issuance of a building permit, or obtain a variance. 6. The petitioner shall comply with the requirements in Scott Erickson's letter dated July 13, 1994. 5Q Staff Report .. � � L'.S. #94-0�2, : Mu�'phy.. Warehouse � Co. ." . . � Page 5 � �. � � �• . . - . . : PLANNING COMMISSION ACTION The Planning Gommi�si�on unanimously recommenc�ed approval of the lot split request subject to the six stipulations recommended by staf� . CITY COIINCIL RECOMMENDATION Staff recommends the City Council approve the request as recommended by the Planning Commission. 5R � _ CITY OF � FRtDLEY FRIDLEY MUNICiPAL CENTER • b-t3l �'�IVERSI"rY AVE. N.E. FR[DLEY, MN 5�-i3� •(61�1 57{-345O • FAX (61�r 57i-12H7 July 13, 1994 Mr. Bob Steinhoft Opus Architects & Engineers 700 Opus Center 9900 Bren Road E Minnetonka MN 55343 PW94139 �; Subject: Drainage and Grading Review of the Murphy Warehouse De�elopment on Main Street Dear Mr. Steinhoft: The following comments should be incorporated into the drainage and grading pfan for this project: , 1. Provide a 15-ft wide bikeway/walkway easement along the entire east side of the subject property adjacent to the existing right-of-way. 2. A storm pond agreement will need to be signed and recorded with the property. 3. Clearly show the location of the Metro Waste Control easement along the back property line. 4. The sanitary connection to the Metro Waste Controf main wilf need their review and approval. Submit copies of the approval along with any details and/or changes required. 5. An outside drop connection should be detailed fior the sanitary sewer connection. 6. Submit a petition requesting the City to install watermain connects with the cost to be assessed to the property owners. The petition should also waive the requirement for a public hearing. 7. Per conversations with the Anoka County Highway Department, they will be installing a new section of storm water pipe along the west side of Main Street. With this as a storm water outlet for this site, the grade on the detention ponds can be revised to allow for positive drainage thus eliminating the drain tile system and possible iift station installation., 8. Modify note No. 13 to read "along the entire south and west property line." 5S � Jufy 13, 1994. . . . - . . . . . . . �� Page 2 . . ,, .. . . . . . . . :. . . . . . ; , � . . . • 9. • Recor�mend the por7d sl'opes 6e a miriimum 10:i ar greater: ��Provid�e th.e necess�ry� •� � . . . . . � revised ponding calcu(ations. , � - 10. Sod all lo e 0• s s reater than 1.1. p 9 11. The proof of parking app�ars to be in conflict with the slopes of the storm pond. Please revise accordingly. 12. Please include in your calculations the past developed hydrology information such as flow � rate, time of concentration, amount of impervious surface, "n" value, etc. 13. Please incorporate the attached comments from the Anoka Gounty Highway Department into your plan. . . 14. Note that the concrete curb and gutter wiN be B6-18. : � Additionai information may be following pending further review. F Sincerely yours, � -, , � ,� , �� , � �,��G�«r��'=��.�"v �' �- � ' Scott Erickson � Assistant Public Works Director SE:cz cc: M. McPherson 5T O7i(IS 9� lU: IU I�:A.1 61'! r:�-} 3:i3"L 1�UK:i Cl) li��l UI'1� l[iJ0[]t ...�.� �� . �C�I�N�Y CJF A[��KA � flcparnnc�u of Hi�hsra�•s � � �440 BUNKER LAKE BLVD NW, ANDOVER, tv11NNESO7A 55304 6t2•754-3520 I� ij ; , ; ;. � � . Date: _._-.fc�! �' /�1�'7� Numberof Pages � Including Header: � PLEASE: DEL[VER TH)S TRANSMfSSION TO: Name: �►�}'' �' .._.- ' Comparry: ^� � ��• _ � ,� . n ' Fax#: ��_" �.�78'/ � From: �u Re: / l�i'". ��. ? �. t�. t Phone: 5U 4ffirmative Action ;' Equal Qpportunity Employer � {JI/0$ 9� 10:1 I l�:\\ 67�' :;i� 3�:i'� :\�lJtl:� l,U tt+�l UI't 4uJuti� � , � PRELIMINARY PLAT REViEW � k FIELD CHECKLtST �uE � 9 � 1� �r c�w � t�r-r� � Name of f'lat: v � N fl - . �— . � .. . . . . � . . . , tn the Cit;y/Town of: �G�/e.�[ . 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' - � `�tir ni � 1 Gt/� CbufG� �i9�� ''� ` % a 1i�1 � wr�l. a. � .� -�- . � l/� r b�, t � �, � p N l� �a ��b� u� � 4�— , �� 'j � t Reviewed by: 5 V Date: R �L "�" � � W � �/ �/D �.✓ � ma.� r g � r � ra � � "S �o l>> L.S. �194-02 rfurphy Warehouse Co. E. //�I -C. �6. . a a-! �i} : •� , _ AA'1 - � . . . . . �� : ' . i1 � — . t' _ . 93- . : t �,o . � ir . s �o ` ix3n ' ;f: . . - � Z9 t � . z 1 � ' a Z9 _ _ z, �. : � ,U t�1, � : '�=: 2� 4 1 — -�z--- _ _ : �6 �l. : .. s : � ,rc � � � � 2t 6 � : It � � � � . � 2� 1. � 7 �' If u g � ; z3 ,�1, zz 1. , 9 Zz , � zi io �1 a Z� �'� � \`� /'• `' // `� : Zo r v /9 � �i /1 y� : /9 --- a d l; ;/3 y�h�: L= /9 .� „ ,� iti }� i� 1; � �, � �: : .�: : � �t� i .; i ( '� ir..�� `� p � i.3�r e F i�e.�� 0 . .. : � a'�� _. _ ' C. " � 4 8 T i ^ ' �. _ — v° � _ _ ;r . NP_ , _ ,:,.30 �� ,1..9�� _ �,..�30 {� .P�v1- c p - ; /9. 93 AC.' d zs v°— -� --� �• Zs _ n 4 28 �1: ° ` 3 �� : V : � zB �l , - = • . 27 : _ _,L_ _ � �I _ � ?> . � � ' � 1'� r . _ '`�' � _ � � �� r� G� _. _ _�- �-� _�. 6 i�{VI Si ON Qr - - -__ �N P. R. Fj _ .......969.6'........ _ . ... ...... - 4 - y ........ � 1'•. ��JtL.M. , � - J.L.�E � �� I �� 1 �I • : f � . _ � . 4.�.� �� . � ,• , _'J k 4I y' �� : 7 � � - !� � _ I - � -1 I: ,�I�: i-t : _ :: ,�. �4 �h� � � . K � 2l� o . ;.� 0 � �-�, 47rH. � � � u � . _� i �. ,_ �, � o > y �-�� L� °; _� 2 , -; � zc �1,. z/ � s :; Z � �1�1 : . z3 ;. sz i< z, _ � Iv `kL> �"" LQCATION MAP �� i,j / .� � / %i �/�.. / .. ` � _ _ ; •I,��l,�[t-�►�ir��: �s QPUS� �� J�ne I5, 199� � � Barbara Dacy City of Fridley _ 6431 University Avenue NE F�idley, MN 55432 Dear Ms. Dacy: Opus Corporation 800 Opus Center 9900 Bren Road East Minnetonka, Minnesota 55343-9600 612-936-.4444 . . Mailing Address P0. Box 150 Minneapolis, Minnesota 554A0-0150 Faz 612-936-4529, . . , On behalf of Murphy Warehouse Company, Opus Corporarion is submitting this application for a lot division in order to accommodate the development of a 265,000 squaze foot warehouse facility at 48th and Main Street. Murphy Warehouse Company is a warehouse operation that provides � third-party logisric services�for its customers. A description of their company was provided to you in a letter dated May 2, 1994, a copy of which accompanies this applicadon. � Murphy Warehouse Company.proposes to develop this warehouse fa�ility on�a.15.5 acre site at 48th and. Main Streets in Fridley. The. proposed lot division will divide a paFt of Lot 2, �uelitor's ' Subdivision No. 79 into two parcels, the southerly parcel as the building site and the northerly parcel to remain under fhe ownership of BN Leasing Corporation. The proposed warehouse facility will meet all City codes and ordinances. It will be a 26-foot clear facility constructed of raked finish, painted, precast Fabcon panels with accent striping,_ Information on the proposed Fabcon panels is enclosed. Landscaping and berming will screen the dock areas and provide visual relief to the huilding. With respect to parking, Murphy will utilize only the 33 spaces shown to be constructed. The plan shows the additional 106 spaces required as proof of parking. VF�e have also analyzed the parking requirements for the building under two reuse alternatives. If the docks remain as shown, the site can accommodate 244 parking spaees which would allow the building to be used as 4,000 square feet of office, 50,000 squaze feet of manufacturing, and 201,882 squaze feet of warehouse space. If some of the dock areas are utilized for parking, 366 parking spaces can be provided. Then the building could be used as 6,000 squaze feet of office, 110,000 square feet of manufacturing and 139,882 square feet of warehouse space. Therefore, we feel the site area as proposed provides sufficient flexibility for possible reuse of the building with adequate parking. We request consideration of this application by the Planning Commission on July 13. Please let me know if you need anything additional or have any questions. Sincerely, . ,i Mic ele Foster Director Real Estate Development MF:bb Enclosure CC: Richazd Murphy �pus Corporat+on is an affiliat f� Opus group of companies — Architects, Co�tractors, Developers Austin, Chicago, Dallas, Denv�olston, Milwaukee, Min�eapolis, Pensacola, Phoenix, Seattle, Tampa Murphy site data � � Site & P�rki�g��Information � (All Figures Are Appmximate) � � . . � Zoning _ . . Heavy Industrial District � � Site Area - M-2 Acres 15.5 Square Feet 675,735S.F. Building Area � Total Building Area . � . 265,482S.F. . � Site Coverages - Building:Floor:Area � .. 265,482S.F: � � � � Flooi Area Ratio - � 39% . . . , Building Footprint 265,4.82S.F. Building Coverage 39% Pavement Area 136,OOOS.F. Pavement Coverage 20% Building & Paving Coverage 59% Green Area 274,053S.F. Green Area Coverage 41% Parking Requirements Office 1,980S.F. @1/250S.F. Manufacturing 1,560S.F. @1/400S.F. Wazehouse* 252,342S.F. @ 1Y2,000 S.F. * Less 9600 sf @ rail spur Total Parking Required: . Total Pazking Provided: Standard Handicapped Proof of Parking For: Building Occupancy Mucphy Warehouse Seasonal Concepts Full Time Employees Seasonal Overload Full Time Employees Seasonal Overload Total 5Z1 8 4 126 138 31 2 106 4 5 4 20 33 n � � �. . Comm�.nity �Developznerit�. Department � � .: � �. _ � ��- � Piaav�iNG DrvisTOiv _ . � . : � City of Fridley � DATEr - July 21, 1994' TO: William Burns, City Manager ,�� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Resolution Approving a Lot Split Request, L.�S. #94-01., by Charles Westling; 54a0 = 4th Street N.E. The .Planning Commission conducted an informal hearing regarding the lot split request at its June 28, 1994 meeting. The.request is to split a triangular parcel located at the interseetion of 54th Avenue and 4th Street into two parcels. The Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. Variance request, VAR #94-10, shall be approved. 2. The petitioner shall replace the existing curb cut when a new curb cut is installed. 3. SAC fee shall be paid at the time of building permit issuance. 4. The petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. 5. A park dedication fee of $750.00 shall be paid at the issuance of a building permit. At the Appeals Commission meeting (see next item on agenda), the resident across the street wanted "No Parking" signs installed along 4th Street. Staff advised her to bring in a petition from other neighbors consenting to this request. Separate City Council action would be required. MM/dn M-94-363 , � � .� . RESQLUTION NO. � �- 1�994 � ' � � � � RESOLIITION APPROVING� A �SiJBDIVI330N, LOT ' SPLIT, L.S. #94-0�1, TO SPLIT PROPERTY INTO TWO SEPARAT•E.LOT.S, GENERALLY LOCATED AT 5400 -�4TH STREET N.E: WHEREAS, the City Council approved a lot split at the , 1994 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to split Lots 6- 16, Block 12, Hamilton's Addition to Mechanicsville into two separate lots, general�.y �located at 5400. - 4th Street N.E: The legal .� descriptio�s for the two lots are as follows:: Tract A: Lots_ 6, 7, 8, . 9, �10, � 11, .12, and .�3, B1.QCk �' 12,' � Hamil�:on�'s Addi��on 'to MeGM�nicsville., Arroka ,` . County; Minnesota,�except that part lying westerly of the east right-of-way line of State Trunk Highway No: 47 (Universi'�y Avenue 1�.E. ) Tract B: Lots 14, 15, and 16, Block 12, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, together with that part,of vacated 54th Avenue N.E. and the vacated alley. accruing, except that part lying westerly of the east right- of-way line of State Trunk Highway No. 47 (University Avenue N.E. ) WHEREAS; the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split the property into two separate parcels. . NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK • � WILLIAM J. NEE - MAYOR � ... . Page 2 -,Resolutiori No. . - 1994 . � ` � .. . . ' .� ' : . � . : . �. ' . . ' EXHIBIT A. 1. Variance Request, VAR #94-10 shall be approved. 2.: The petitioner shall replace the.existing curb cut when a new curb cut is installed. 3. SAC fees shall be paid at the time of building permit issuance. 4. The petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. 5. A park fee of�.$750..00 shall`_be paid at the issuance of a .bui�lding permit. . � . :� . �iTAFF :REPORT. � . . . . . � . Com�munity.I�ev��lopxnent. De}�ar�m�ent �: , . � �. : � .� . - , . . � . . . . Appeals Conitiiission �Date � " . � � . . . � ' • ' ' : Plarining�Cotttinission Daie -' �'.Iune 29, t994 � ' �. • ' .�� . City Coun.cil Datc � July 25, 1994 APPLICATION NtJMBER: L.S. #94-01 PETITIONER• Charles Westling . LOCATION• , . .. . . � 54Q0 � 4th� Street; northwest� eorner of the �irite��°ction of 54ti� �': �� Avenue and 4thr� Street. " : � � � REOUEST• . : � . . .. Split one parcel into two residential lots. ANALYSIS• Project/Parcel Description The subject parcel is composed of 10 platted lots, minus the portion taken for highway purposes for the I-694 entrance ramp. The lots are combined into one PIN number. Located on the parcel is a single family dwelling and a detached garage. An old foundation�is also located on the property north of the existing structures. There are a number of large mature trees located on the property. The property is zoned R-3, General Multiple Family Dwelling. The petitioner is proposing to split the lot on one of the existing platted lot lines. Typically, this would be handled administratively as a division. However, due to the unique shape of the lot, variances will be required as the petitioner proposes to construct a four-plex on the vacant portion of the lot. The City Attorney advised staff that as variances are required, the lot split and variance process should be pursued by the petitioner. District Requirements The R-3, General Multiple Family District allows one, two, and multiple family dwellings as principle uses. For one family dwellings, the R-1 District requirements must be met. The lot sc Staff Report L.S. #94-01, Charles Westling Page 2 . . . split Will create a separate par�el 15,437 square�feet in.�area and 11fl feet wide for the existing.single family.dwelling. TYiis meets the minimum requirements for the R-1 District. The setback requirements are also met. The vacant parcel has a lot area of 18,047 square feet and a lot width of 303.76 square feet. Both meet the minimum requirements for the R-3 District. The parcel is shaped like a 30-60-90 right triangle, which leaves a small buildable area after the setbacks are applied. The Iot is double-fronted because of the I-694 right-of-way, therefore a 35 foot setback is required for both the front and rear yards. The petitioner has submitted site plans for both a single family and multiple family dwelling. The single family dwelling can be constructed on the parcel without variances. The petitioner, however, wants to construct a four- plex, which will require a variance for the garages as well as a portion of the dwelling. Approval of the lot split should be contingent on approval of the variance request. **Stipulation** Access and Utilities Variance Request, VAR #94-10 shall be approved. The parcel has access onto 4th Street. A curb cut is located the southern portion of the vacant parcel. It does not appear that the petitioner will be able to utilize this curb cut for proposed garages. The petitioner will be required to replace curb cut when a new one is constructed. **Stipulation** The petitioner shall replace the existinq curb cut when a new curb cut is installed. on the the Sewer and water services have been stubbed to the property line for the vacant parcel. The petitioner will be required to pay Sewer Availability Charges (SAC) at the time of the building permit. The petitioner should verify with Metropolitan Waste Control the exact amount of the fee. **Stipulation** Grading and Drainage SAC fees shall be paid at the time of buildinq permit issuance. The petitioner did not submit a grading and drainage plan as part of the lot split application. The petitioner will be required to submit such a plan prior to the issuance of a building permit. The grading plan should show the existing and proposed topography, the location of the existing trees, indicating which ones will be preserved, and spot elevations for the drainage. An erosion control plan may be required. A decision regarding the erosion control will be made based on the grading plan submitted. � Staff Report L.S. #94-01, Charles Westling Page 3 . � . . . . � � **St�ipulation** . � The� petitfone� � �hall s�xbmit a .qrading and � . �.� drai,nage plan prior to the issuance of� .a . , buildinq permit. � Park Fees The subdivision ordinance requires the payment of park dedication fees. The fee will be $750.00, to be paid at the time of the building permit. **stipulation** A park fee of $750.00 shall be paid at the issuance of a buildinq permit. Liqht Rail Transit The subject parcel has been included in the preliminary Light Rail Transit plans as a potential park and ride site. The petitioner has been made aware:that Anoka County is looking at the subject parcel�ior that purpose. Anoka County continues to be responsible for LRT planning activities. RECOMMENDATIONLSTIPULATIONS: Staff recommends that the Planning Commission recommend approval of the request with the following stipulations: 1. Variance Request, VAR #94-10 shall be approved. 2. The petitioner shall replace the existing curb cut when a new curb cut is installed. 3. SAC fees shall be paid at the time of building permit issuance. 4. The petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. 5. A park fee of $750.00 shall be paid at the issuance of a building permit. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. CiTY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 6E � 7 4 � L S : s �r •?: •e+. �{ .G�,Y �� ', � `��C F� ,;�f�� ;; ,� �..L � fM. --AVEN � Ir='� � '� �28• � • � � � � 3� � �Z�6 � • � �¢, 7 • 9� � � � • s," • � o ji is � ,' � no • •,; • c ,� �• ,e i � �',�i A � L.S. ��94-01 Charles Westling ~ �; N �� ! . f�� . FRiDLEY HiGH . . SCHOOI� ' /4 9 ,8 ., ,g '-f -, �Tjr'S ..y • . �,Cf ' ,/. '. 3 � � ' � j � \ l 'r�,s�' ! 1 • 1 /3 /o , � - - z - � �� 1 .1 `-" ? OC j /1 /( i[ . 3 _ 6i, � . :..�•�.?_. e' S9 T H. 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AVENUE. N_E. Zf DISTRICT LEGEND - • •� - - �� -r = - N-1 ONE F1IMILY DWG'$ ❑ M-1 IIGMT INDUSTNIAL Q •• �� p-2 TWO FPMIL7 DWG'S ❑ M-t HEAVY INDUSTXIAI � •t • �- � _ •�` _ �� R-] GEN, MULTIP�E DWG'S � VUO � PLANNED UNiT UEV. � _� �-' _ cr R-� M001LE NOME VRMK . ❑ S-1 MVDE P�AK NEIGNBONHOOO ❑ C — • `- V PUBIIC F�CILITIES O 5-2 NEDEVE�OPMENT OISTRICT � -� �- c .�� C-1 IOC�I BUSIHE55 � O-I CREEN�i NIYEN PNESERVIITIOM � -•- ��' � C-t GENENAL BUSINE55 �'` O-1 CHITICAL XNEA Q 515 " � - - � � - C-J GENERRI SNOPVINC � � . '�.� � r_ -� C-N1 GENENAI OFFIGE ❑ Y�CAiED STNEETS � sF ZONING IIIIAP L.S. ��94-Oi Charles WesCling �,_ � , , i 11 -� '_") ' � � 4�r I , � _.�..�„ . 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' _' � � PLANNING COMMISSION MEETING� JUNE 29, 1994 _ PAGE 25 Mr. Kewman.asked Mr. Sielaff if he would agree to wit aw his �>econ.d o f th� mot ion . hir_ Si_elaff stated he car3� uncertain if he wan to withdraw his ��econd . � I3eing that the maker of the motion ad agreed to withdraw his motion but the seconder had not a ed to withdraw his second, the Chairperson called for a vote the motion. UPON A VOICE VOTE, RONDRI , SIELAFF, AND SABA VOTING AYE, NEWMAN AND OQUIST VOTING NA CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED BY A VOTE O 3-2. Ms. McPherson ated staff will prepare this item for review by the City Co cil on July 11, 1994. At that time, the Council will consider e Commission's recommendation for an"EAW. Cha� erson Newman declared a 15 minute recess at 10:15 p.m. irperson Newman reconvened the meeting at 10:30 p.m: 2. CONSIDERATION OF. A LOT SPLIT, L.S. #94-01; BY CHARLES WESTLING: To split Lots 6-16, Block 12, Hamilton's Addition to Mechanicsville, into two separate lots, generally lvcated at 5400 - 4th Street N.E. The legal description for the two lots are as follows: Tract A: Lots 6, 7, 8, 9, 10, 11, 12, and 13, Block 12, Hamilton's Addition to Mechanicsville, Anoka, Minnesota, except that part lying westerly of the east right-of-way line of State Trunk Highway No. 47 (University Avenue N.E.) Tract B: Lots 14, 15, and 16, Block 12, Hamilton`s.Addition to Mechanicsville, Anoka County, Minnesota, together with that part of vacated 54th Avenue N.E. and the vacated alley accruing, except that part lying westerly of the east right- of-way Zine of State Trunk Highway No. 47 (University Avenue N.E.) Ms. McPherson stated the subject property is located at the intersection of 54th Avenue and 4th Street. The property abuts the I-694 ri_ght-of-way and the entrance ramp to eastbound I-694. �I'he pro�erty is zoned R-3 , General t•lultiple Dcaell ing _ [�7s. McPher ;on stated this request is somev�hat ut�usu�il in the Lact that the �ubject �roperty is composed of Lots 6 throuqh lE, BZock 12, in Hamilton's Addition to Mechanicsville. The pro-posed lot spiit i_s actual_l.y occur_ri_ng along a previ_ously �latted 1ot line. Eiowever, c�ue t� the unique shape of Tract A(trianqular i.tz shape) , the bu i ldab 1e <i r-e� i�� reduced because there i s � 3�� f oot setback rec�ui rement fr�m hottl 4t}Z Street and the i-G�4 riqht-of-��y. 'l'ypically, �,t�iff: �;:ould handle this typc of div�i�si_on admi_ni �tr��t.ively; howc.ver, the f�etitioner �i� i_nte�re;tr�� i_n the 6K PLANNING COI�MISSION'MEET�NG JIINE 29 1994 PAGE 26 :cor�structio�n �of a'four�plex on T.ract � A:� . D�e� to tha� con��truction�, �ar�ianc.es are .required. Trie City `Attorney. adv'ised staff �ha� a variance request .and�.a: formal. lot�:split request sHould..�be pursued by the petition�er. � � � Ms. McPherson stated the petitioner has submitted a site plan for a single family dwelling unit for Traet A. It can meet the setback requirements; however, a four-plex would need setback variances from the I-694 �right-of-way for a porfiion of the dwelling and for the proposed garages. Ms. McPherson stated "the property has direct access onto 4th Street. There is an existing curb cut; however, the petitioner's site plan shows a driveway farther north from the existing curb cut, so a new curb cut will need to be created and the original one closed. � - Ms. McPherson stated sewer and water services are available.to the site. The Sewer Availability Gharge (SAC) will be required at the time of the building permit issuance. The Metropolitan Waste Control will verify that amount.. Ms. McPherson stated the petitioner did not submit a grading and drainage plan. Such a plan will need to be submitted with the building permit application. The plan should show the topogr.aphy, the location of the existing trees, indicating which trees will be preserved, and spot elevations for the drainage. An erosion control plan may be required. That decision will be based upon the submitted grading plan. Ms. McPherson stated there is a park dedication fee of $750 to be paid at the issuance of the building permit. Ms. McPherson stated this particular property was considered by Anoka County as part of the Light Rail Transit park and ride facility. The petitioner has been made aware of that. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the request with five stipulations: l. Variance request, VAR #94-10, shall be approved. 2. The petitioner shall replace the existing curb cut when a new curb cut is installed. 3. SAC fees shall be paid at the time of building permit issuance. 4. The petitioner shall submit a grading and drainage plan prior to the issuance oF a building permit. 5. A park fee of $750 shall be paid at the issuance of a building permit. 6L .PLANNING COMMZSSION MEETING, JUNE 29, 1994 PAGE 27 , Mr. � Charles� Westl'ing sta�ed. the onl-y question he• had �was r�garding -� .' stip�ulation� �2� �regarding t}�e Curb cut: _ He' .stated ..tie �intends to � � . � � 1 ive. . in th�e �.our--piex .i f� he gets approva.l, to construct � it�. � TYi� . one '�.� � i�ncon�ve�nience he cah. see _from moving o.ut of hi�s exist'ing' h�buse �with an attached garage is not being able to get near the buildinq with the unattached garages being a little distance from the bu�.lding. He was thinking of the possib.il.'ity of using the existing curb cut and somehow spiraling a driveway through the front of the property and still make it look nice. Ms. McPherson stated the City has no policy that would prohibit that. She stated staff can work with the petitioner to develop a plan for the driveway that will look nice. Mr. Newman stated stipulation #2 only requires that the petitioner replace the existinq curb cut when a new curb cut is installed.. If he does not install a new curb cut, th.en he would not have to replace the existing.one. � � Mr. Charles Schurstei�i, 110Q - 43 l/2 Avenue, s.tated.:he .is the � property owner of the property south of tlie subject property. The only question he has is the status of the vacated 54th Avenue going to the University Avenue_easement. Is that�part-of their property now, or do the property owners need to petition to have that added to their properties? Mr. Newman stated that generally when an alley or street is vacated, it is divided equally between the two adjoining property owners. However, it does depend on how the property was originally platted. Ms. McPherson stated she would research this and get an answer for Mr. Schurstein. Mr. Schurstein stated that he has no objection to the lot split as requested by Mr. Westling. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend to City Council approval of lot split request, L.S. �94-01, to split Lots 6-16, Block 12, Hamilton's Addition to Mechanicsville, into two separate lots, generally located at 5400 - 4th Street N_E. with the fallowing stipulations: l. Variance request, VAR r94-1Q, shall bc approved_ 2. The petitioner shall replace the existing curb cut wher: a new curb cut is installed. 3. SAC fees shall be paid at the time of building perr�it issuance. - 4. `Pt�e petiti.oner shall submit a qrading and drai.nage �1an prior to the issuance of a building permit. 6M PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 28 5. . A park fee of $750 .shall. be paid at the issu�nce of a building permit. � �' � , The.legal descriptibn for the two lot� are as follows: � Tract A: Lots 6, 7, 8, 9, 10, 11, 12, and 13, Block 12, Hamilton's Addition to Mechanicsville, Anoka, Minnesota, except that part lying westerly of the east right-of-way line of State Trunk Highway No. 47 (University Avenue N.E.) Tract B: Lots 14, 15, and 16, Block 12, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, together with that part of vacated 54th Avenue N.E. and the vacated alley accruing, except that part lying westerly of the east right- of-way line of State Trunk Highway No. 47.(University Avenue N.E.) UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. CDBG FUNDING RECOMMENDATION FROM THE HUMAN RESOURCES COMMIS5ION• l�ir. Oquist stated the Commission had applications for a uple �f new projects that the Commission was quite impre ed with-- Northeast Counseling Center and the CHAP Store. Bot rganizations service a lot of Fridley people. He would recomme the Commission concur with the Human Resources Commission's ecommendation for funding, MOTION by Mr. Kondrick, seconded by Mr. quist, to concur with the Human Resources Commission's CDBG fun 'ng recommendation for 1994- 95 as follows: Orctanization Alexandra House Arc of Anoka County Central Center for Family Res urces CHAP Store City of Frid ey Recreation Community ergency Assist ce Program Family ounseling Clinic Nor east Nor west Suburban Kinship R. .S.E. . Philip's Lutheran Church amarisk This Year's Request $ 4 , 500 $ 1,40Q $ 3,000 $ 3,968 $ 5,000 $ 3,000 $60, OQO $ 1,500 $ 5,000 $ 3,000 $ 7,735 $98,103 Amount Recommended $ 2,500 $ -0- $ 1,000 $ 3,000 $ 5,000 $ 3,000 $ 3,000 $ 500 $ -0- $ 3,000 $ 4,000 $25,000 XJPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 6N � � . . �� . �. . �on�m�unity: Developnzent Department -. � .� �: : � : . PL�iviNG D�sl�oiv . : _� � � : . � . � � � City of Fridley � � .� � DATE: TO: FROM: SUBJECT: July 21; 1994 �' � William Burns, City Manager,(� �t Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #94-10, by Charles Westling; 5400 - 4th Street N.E. The Appeals Commission voted unanimousiy to recommend�approval of the variance request at its July 12, 1994 meeting. The Comm�.ssion stipulated the.following as a condition of approval: 1. Lot split request, L.S. #94-01, shall be approved. 2. The petitioner shall provide a hardsurface driveway by June 1, 1995. Staff recommends that the City Council concur with the Appeals Commission action. MM/dn M-94-381 � . . . : . S TAFF �REP O RT . � . - . . . Community :Develop�ment Dep:art.�nent � � �:� . .. . � � . � . . � , � � - '. �4p.peals.Coiliiiiission pate, �. July. 12, "1994 � . ' . �. • -•' � . �iannirig�Coinmission b�te� � ' . . - � .. : . � . City' Council Datc : July 25, 1994 . APPLICAT�ON NIIMBER: ♦ VAR #94-10 PETITIONER: ♦ Charles.Westling LOCATION' . . � _ ♦ 54UA. - .�4th Street.; .n.orthw�s't :corn�r .of: tl��. intersection�qf . . 54th� Avenue an�d� 4th Street� . �� REQU.EST: . . . . ♦ To reduce the front yard setback from 35 feet to 5 feet to allow the construction of a four-plex and a five car garage. BACRGROUND• ' ♦ The petitioner is proposing to split the subject parcel into two lots. The Planning Commission reviewed the lot split request at its June 29, 1994 meeting. The Commission recommended that the City Council approve the request subject to approval of the variance. ANALYSIS: ♦ Section 205.09.o3.D.(1) of the Fridley Zoning Code requires a front yard setback of 35 feet. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right- of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. The subject parcel is shaped like a 30-60-90 right triangle. If the lot split is approved, a smaller triangular parcel that is vacant will be created. The lot is "double- fronted"; two property lines abut public rights-of-way. The front property line abuts 4th Street. The other front yard, "rear" property line, abuts I-694 diagonally from the southwest to the northeast. 7A Staff�Report . . � . VAR #94-10;�5400.- 4th Street�N.E:,.Charle� Westling. �._ : . � � Page .2 . . . . . . . . . : . . � � The petitioner is requesting a variance to reduce the setback.adjacent to the I-694 frontage f�om 35 feet to 5 feet.to allow the construction of a garage on the prope�ty. The proposed dwelling will also encroach into the setback, requiring a variance from 35 feet to 18._feet. The remaining- setbacks along 4th Street and the south property line will meet or exceed the requirements of the R-3 district. Granting the variance would not adversely impact adjacent properties. The east-bound entrance ramp to I-694 is located approximately 230 feet from the "rear" property line of the subject parcel. The petitioner did submit a site plan for a single family dwelling which does not require. variances. The property, however,��is zoned properly for a four-plex. � . Previous variances on double-fronted lots have been granted to within 14 feet of the lot line. However, in this instance, the I-694 side of the subject property functions as a"rear" yard. The City has previously granted rear yard variances to 0 and 1 feet. RECOMMENDATIONlSTIPIILATIONS: ♦ Staff has no recommendation on this request. If the Appeals Commission recommends approval, the following stipulations are recommended: l. Lot split request, L.S. #94-01, shall be approved. 2. The petitioner shall provide a hard surface driveway by June 1, 1995. APPEALS COMMISSION ACTION ♦ The Appeals Commission voted unanimously to recommend approval of the request as stipuiated to the City Council. CITY COUNCIL RECOMMENDATION ♦ Staff recommends that the City Council concur with the Appeals Commission action. : �� -�-- - 71 ;. _ '� 3q� � `��g�-� f j3�..4��:'7j�7� � N`i9� [is..' 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' � � . , . . _ - « �h� U'R D'�X -. , j. _ `�. �'s .:, . . _ � �1, !. ! • _ • a� ` ' , CHER! �ANE . . �_ -• � - . h- • • • = 17 '. _ � i .c re (j� ' `rC ■ � !* � . - , _ ti I� � " LE . ., BUILt<r ;r� , .� • r �!. � � • � � _t • 54 TM. AVENUE N_E. 1� DISTRICT LEGEND -� � • • - - G -.�- .-�.. t. �.-. � ' `� P-1 ONE F1INILY DWG'S C M-� LIGNT INDUSTRIqL � ♦. _� � . .�._ _ �� y _ t,_ .�_ __� __. _ yt q-Z TWO F�NILY DWG'S �. N-Z NF�vY INOUSTNl4t � '� ._ __� — - - C .` ._ �• �. /� • A-J GEN. MVLTIP�E OWG�S W OUD V�qNN[O UNIT DEV. _ � � "'� rj N-� MOBILE MOME V�FK �� 5-1 NrOE O4qK NEIGNBONH00� � '� _ ! � � �:• -- -- � -� P �UBIIC F�C�LITIE$ `: 5-] HEDEVELOOMENT DISTqICi � !_- ♦ � _ ..(i C • �_ �_ _ C-1 LOC�I BUS�NE55 �� O-t CAEER t a1VEN VqESfA��TipN � � • � _�,. � G-1 GENER�I BUSINESS . O-1 CR�lI�� pE� � '' • . 515 - . [. f'— � � - C-) GENEN�� $NOVPING --- ' � • _ — - �'� - C�N� GENER�� OFf�LE __. v�C�ifO S�PCETS . -. 7D ZONiNG MAP VAR 1�94-]0 Charles Westling . , � �. i � . � _ � . � �,�� N � .. . � . � � - . . . ;. � � �. � � � . �� . � �: �� . , �, , . f -' 6 0 I . � � �. � ; ; : ,�, � ,1 z� � _i � � �� z �� l. , (` : ,., � . � � � -�. M. N / �� : ' � G � 1: o � ,„ �`8� - . ��- � ;�� , : _ . T - _,� � . �- �y � h SOUTN LVN OT t�� N 88° 38� 35" W ETT� �,� 7E � � M 0 � i � � . ; _ , 1 � � i i W w � � � �r-� � � � 3 5' _ �- �r �� L � � � -i-- � �#' �tiE PLA�I� - :. • CITY OF FRIDLEY � .' ' �. APP�AL$ � COMM�SSIOI� MEETZNG,. JUL'Y '12, 2�994 CALL TO ORDER: � Vice-Chairperson Kuechie called the July 12, 1994, peals Commission meeting to order at 8:00 p.m. ROLL CALL• Members Present: Larry Kuechle, Ken Vos, Cathy Smith, Carol Beaulieu Members Absent: Others.Present: Diane Savage Barbara Dacy, mmunity Development Director Michele McPh son, Planning Assistan.t Charles Wes, ing, 125 - 76th Way_N.E.... Pam Smith 54�.3 4t�i-Street N.E.� . Janis B mentals, Blumentals/Architecture Sharo ` ergen, New Horizon Child Care, 3 0 Annapolis Lane, Plymouth_ Lo Stewart, 6898 Channel Avenue N.E. . Kappes, 5370 4th Street N.E. Darwin & Joan Klockers, 6830 Washington Street N.E. Warren Paulson, 6881 Highway 65 N.E. Terrie Mau, 6890 Channel Road N.E. e MOTI4�y Dr. Vos, seconded by Ms. Beaulieu, to approve the June , 1994, Appeals Commission minutes as written. A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KIIECHLE RED THE MOTION CARRIED UNANIMOUSLY. l. CONSIDERATION OF VARIANCE REQUEST VAR #94-10 BY CHARLES WESTLING: Per Section 205.09.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback along the I-694 right-oP-way from 35 feet to 5 feet to allow the construction of a four- plex and a five car garage on Lots 6-13, Block 12, Hamilton's Addition to Mechanicsville, generally located at 5400 - 4th Street N.E. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:03 P.M. 7F AFFEALS COMMISSION MEETING,�JULY 12, 1994 PAGE 2 . . . Ms . .McPherson stated .��x.e � variance req�est � �is� €or `�t�ie parcel- � � - . located at 5400 - 4t1� Street;�whi�h is located on the northwest corner of the intersection of 54th Avenue and 4th Street. The petitioner has also applied for.a lot split fio separate the � parcel into two porti�ons. There _is an existing single famil� dwelling unit on the parcel. The lot split would approve splitting the prqperty into a parcel for the single family dwelling and a vacant developable parcel. The Planning Commission reviewed the lot split at its June 29 meeting and recommended the City Council approve the lot split request subject to approval of the variance request. Ms. McPherson stated the subject parcel is zoned R-3, General Multiple Family Dwelling, and tYie�petitioner is proposing to construct a four,�lex and a five.car.gara�e. The parcel is. shaped like a 30-60-90 degree triangle with the long side facing I-694. It is considered double�fronted because it is.on two street frontages., 4th Street and I-694. Th� zoning code requires the same setback on both frontages which is 35 feet. The proposed building as submitted by the petitioner does meet the 35 foot front setback on 4th Street; however, the petitioner is requesting a variance down to 5 feet on the I-694 frontage to allow construction of the five car garage. Because the lot is triangular, the buildable area after applying the setbacks is also triangular; therefore, a variance down to l8 feet would aiso be required for the proposed dwelling unit. There is approximately 230 feet from the rear lot line to the paved entrance ramp for eastbound I-694. The petitioner also submitted a site plan showing a single family dwelling unit on the property which did not need any variances; however, the parcel is properly zoned for construction of a four-plex. Ms. McPherson stated the City has previously granted a variance on a double fronted lot down to 14 feet of the lot line. In this case, the I-694 lot line is functioning more as a rear yard and the City has previously granted rear yard variances down to 0 and 1 foot. Staff has no recommendation regarding this request; however, staff recommends two stipulations should the Commission choose to recommend approval to the City Council: l. Lot split request #94-01 shall be approved. 2. The petitioner shall provide a hard surface driveway to the garages by June l, 1995. Dr. Vos stated it appears as if there are two reguests - one for a variance down to 5 feet and another to 18 feet. Ms. McPherson stated staff are recommending approval down to 5 feet which will take care both. 7G APPEALS COMMISSION MEETFNG, JULY 12, 1994 PAGE 3. . Dr�.�� Vcis as:ked,. i� the� Com��•ssiori approves ttie 5�feet; 'the�. �� :. • � • petitioner could�move the four-plex within.5 feet�of the pzoperty � 1ine. � Ms. McPherson stated this was correct: Mr. Kuechle asked the minimum lot size required. Ms. McPherson stated the minimum lot size required in for R-3 for a four-plex is 15,000 square feet: The lot split as proposed would create a parcel just over 18,000 square feet. This meets the lot size requirement. Mr. Westling stated the property was his inother!s�property and. she passed away recently. His sister is living is.the existing house on what will be one lot. He is planning to live there also. The bui�ding units will. have over 1,000 square feet_per� • unit. Eac� wi1l be.a two-bedro.om �nit, alZ.self contained. `.This is large� than other units in the area. Dr. Vos asked what the exterior would be. Mr. Westling stated the exterior.wouZd probably be steel siding with brick front so it would be maintenance free. The garage would have the same. Dr. Vos asked the petitioner about his intent regarding the 5 feet setback for the four-plex. Mr. Westling stated he has no interest in going back that far with the four-plex. This does not make sense. Ms. Pam Smith asked if there would be access to the garages from the alley. Mr. Westling stated there will be no alley there. Ms. P. Smith asked if t�ere could be any restrictions for parking. She lives in a single fami.ly dwelling across the street and does not want to have parking in front of her house. Mr. Westling stated this should not happen. A driveway will come on the south side of the property which will be constructed by the front of the building with sufficient parking so there should not be parking on the street. Dr. Vos asked if it was correct that he was constructing a five- car garage for the four-plex. Mr. Westling stated this was correct. One space wiil be for his use for a shop. 7H APPEALS COMMISSION MEETING, JULY 12, 1994 PAGE 4 _ Dr. Vos asked s�aff if ther.e was parking:q�n both sides of the� street on 4th. � � Ms. McPherson stated she believed so at this time. Ms. Smith can request that the City Council post a"No Parking" sign on her side of the street if that was necessary and this can be submitted in writing to the City Council. Ms. Dacy stated that residents usually submit a petition to the City Council to make sure that a majority of the home owners on that side of the street consent to that. Ms. P. Smith stated there is a great deal of traffic there. She felt sure that Mr. Westling would.have a nice building, bu.t she does not want another apartment building there. Would the value of her home go down as a result? Mr. Westling stated he felt this was not likely with this kind of a building. Ms. Dacy stated the property has been zoned multiple family for a number of years. She believes the Assessor's Office takes that into account on the current valuation of the property. Any sale is dependent on the relationship between the buyer and seller. , What is being proposed is consistent with the zoning district an3 the Assessor's Office is aware of the situation. Mr. Kappes stated the alley at the end of 54th Street has been partially vacated. He did not want to see traffic from the praposed property using an alley which may affect his lot to the south. MOTION by Dr. Vos, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:14 P.M. Ms. Smith stated she would be inclined to vote for approval of the request. The spirit of the code is being met. With I-694 behind the parcel, this creates a unique situation. Since the spirit of the code is being met and there are no line-of-sight problems, she would vote to recommend approval. Ms. Beaulieu agreed. The hardship is the odd-shaped lot and the two frontages. Since similar requests have previously been approved, she would vote for approval. Dr. Vos stated he would also vote for approval mostly because of ttie double frontage. He would vote for approval with the %� APPEALS COMMISSION MEETING, JULY 12, 1994 • • PAGE 5 � �tipulat�ions. MOTION by Ms. Smith, seconded by Dr. Vos, to approve variance zequest, VAR �94-10,.�by ChaYles�Westling, per Section 205.09.03.D.(l) of .the Fridley Zoning Code; to reduce.the�front yard setback along the I-694 right-of-way from 35 feet to 5 feet to allow the construction_pf a four-plex.and a fiye car garage.on Lots 6-13, Block 12, Hamilton's Addition to Mechanicsville, generally located at 5400 - 4th Street N.E., with the following stipulations: l. Lot split request #94-01 shall be approved. 2. The petitioner shall�pzovide a hard surface driveway hy June 1, 1995. UPON A.VOICE VOTE;,ALL.VOTING AYE., VICE-CiiAIRPERSON RUECHLE I�ECI�ARED TiiE :MOTION CARRIED .QNANIMOUS.LY.:' . � . � . � : .. Ms. Dacy.stated this item would go before the .City Council on July 25. � 2. lil CHILD CARE- Per Section 205.04.05.B of the Fridley Zoning Code, o allow. an accessory structure in the front yard, to allo the construction of a play area on Lot 1, Block 3, orewood Plaza, the same being 1202 East Moore Lake D've, generally located in the most westerly tenant space the East Moore Lake Shopping Center (1202-1298 East Moo Lake Drive). MOTION by Ms. Smith, seconded by Ms. hearing. UPON A VOICE YOTE, ALL VOTING AYE DECLARED THE MOTION CARRIED AND � P.M. / ieu, to open the public ICE-CHAIRPERSON KUECHLE PIIBLIC HEARING OPEN AT 8:17 Ms. Dacy stated the parce is located in the southwest corner of Central Avenue and East oore Lake Drive, commonly known as East Moore Lake Shopping C nter. The property is zoned C-3, Commercial, as is e racquet club property to the south and tne shopping center ross the street. To the north is single family zoning and use as well as Light Industrial zoning. The shopping center has a acant tenant space, and the petitioner is proposing to occupy e space as a day care center and locate a playground immediat y adjacent to the �ast Moore Lake Drive intersection with t e driveway accessing this mall. ,l Dacy stated this variance request is to permit an accessory e and structure in the front yard. The zoning code prohibits 7J 0 � � . Gommu�ity �D�ve.lopment� Departmez�t � � � . . �. �P�AN�IIIVG ��IIVrSI(�N : � . . . . . � . � � City of`Fridley _ DATE: July 21, 1994 � TO: William Burns, City Manager ,�I��1� � , FROM: SUBJECT: Barbara Dacy, Community Development Director Steven Barg, Planning Assistant Cansideration of Human Resources Commission Recommendation for Allocation of 1994-1995 CDBG Human S�rvice Funds,;.Resolution Auth�rizing_the.: City to Ent�r: into Contracts with. Recipients �, At its June 9, 1994 meeting, the Human Resources Commission (HRC) reviewed the CDBG proposals and developed its funding recommendations. A copy of the HRC's meeting minutes are attached for your review. At its June 29, 1994 meeting, the Planning Commission approved a motion concurring with the HRC's proposed funding recommendations. A copy of the Planning Commission's meeting minutes is attached for your review. Shortly after the Planning Commission meeting, staff became aware that one agency recommended for funding (Family Counseling Clinic Northeast) is not eligible for CDBG funding since it is not a licensed non-profit agency as defined by HUD requirements. On July 14, 1994, a special HRC meeting was held to determine funding recommendations for the $3,000 initially allocated to this agency. Attached is a table showing each organization, the amount requested, last year's allocation (if applicable), and the HRC's recommendation for 1994-1995 after the revision on July 14,. 1994. A copy of the HRC's meeting minutes from July 14, 1994 is also attached. Attached is a proposec� resolution authorizing the City to enter into contracts with recipients of the CDBG funds. Anoka County requires that separate contracts be signed by the City and the organization for each individual grant awarded. A representative from the HRC will be in attendance at the City Council meeting on July 25, 1994. . 1994-1995 CDBG Fundin'g � • � � ' July .21, 1994 � . �- � . .� � .. � ' � . .� . . . - � Page 2. . . . . � . � _ � • . . � , � . , � , Recommendation � Staff recommends that the City Council approve the HRC's recommendations as presented and adopt the attached resolution authorizing the City to enter into contracts with each recipient. SB/dn M-94-389 : �, ." � _ � : . � � � � • . .. . . � . : _ .. � . .. • . � . . . . . � � . . . . I � . . . . . 1994-95 CDBG HUMAN SERVICE FUNDING REQUESTS I Last Year's This Year's Funding Or anization Allocation Re est Recommended Alexandra HoUse $ 3,500 $ 4,500 $ 3,500 Arc of Anoka County $ 1,000� $ 1,400 -0- Central Center for Family Resources $ 2,000 $ 3,000 $ 2,000 CHAP Store N/A $ 3,968 $ 3,000 City of Fridley Recreation $ 5,000 $ 5,000 $ 5,000 Community Emergency Assistance Program $ 2,000 $ 3,000 $ 3,000 Northwest Suburban Kinship -0- $ 1,500 $ 500 R.I.S.E. -0- $ 5,000 -0- St. Philip's Lutheran Church -0- $ 3,000 $ 3,000 Tamarisk Resources $ 4,000 $ 7,735 $ 5,000 $38,103 $25,000 . . . CITY.OF.FRIDLEY �HUMAId. RESO(JRCES COMMISSIONi.-MEETIidG, JUNE �9 � •i994 � • CALL TO ORDER: Chairperson Oquist called -the June 9, Com�nission meeting to order at 7:36 p.m. ROLL CALL- 1994, Human Resources Members Present: LeRoy Oquist, Terrie Mau, Clem Coverston, Charles Welf Members Absent: None Others Present: Steve.Barg; Planning Assistant Lois Doody, Nort�west .Suburban Kinship- APPRO�IAL � OF. MAY 32 , 1994 ,' HUM1�N . RESOURCES COMMISSiON NfINUTES : '� MOTION by Ms. Mau, seconded by Mr.. WelF, �to approve the May 12, 1994, I3uman Resources Commission minutes as written. • UPON A VOICE oOTE, ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOIISLY. APPROVAL OF AGENDA: MOTION by Mr. Welf, seconded by Mr. Covers�on, to approve the agenda as written. UPON A VOICE VOTE, ALL VOTING AYE, CiiAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. l. OLD BUSINESS Mr. Barg stated there are $25,000 in CDBG funds to allocate and $98,103 in requests. The Family Counseling Center requested $60,000, and they realize that this amount cannot be given. A form was developed for the City Council to provide them with information on the requesis. He has routed to the City Council a memo along with a copy of all of the requests for their information and asked for comnents and concerns. As of this time, he has received no comments. Alexandra House - Request: $4,500 Ms_ Mau stated Alexandra House is coming with the same type of request but a different program this year than in the past. Last : HUMAN RESOURCES COMMISSION•MEETING, JUNE 9, 1994 PAGE 2 .... :year:,. they .se�x-ved �2�1 peopl'e fY`om th� Ci.t�r of•;Fric3��ey".� �.2he request .�_ is for advoca�e� salary and �in-servi�ce trairiing.� It is' not as� if the program is not as qood as last year, they just have less money to work with. She believed $3,000 is a fair amount because they are getting a good return.�on�the investment. . Mr. Coverston agreed.. Mr. Welf agreed with Ms. Mau's comments, but he re�ommended $2,500 in funding-. Amount Recommended - $2,500 Arc of Anoka County - Reguest� $2,400� .-� . Ms. Mau irecoinmended no- funding�: this. year, parti.y. because they � served only. 3-.4 peop�e _in the.. C_ity. .last..�.ea.r.. ��T�iis means .i� cost' . $200=$250. per .person,.. and they. canno.t help. eiiough peogle . r�rith.: fhe. � sma�l amounts that the City af Fridley is providing. She felt the money could �be funneled ir�to .other programs where� it. could be used by more people. � .. _ - - • • . . : . . . Mr. Welf agreed. � � Mr. Coverston stated he went with the thought that there are 3-4 that will not go to camp this year. Mr. Welf stated there are other programs with better records for serving more people. Ms. Mau stated this agency gets funding from ather sources so they have other sources for these kids. Amount Recommended - $ -0- Centra2 Center for Family Resottrces - Reqttest• $3,000 Ms. Mau stated this is the same program as last year. It does not fit "new and innovative". The orgar.ization gets funding from other sources. She would personally rather see funding go to those who do not have other resouzc�s. She recommended no funding unless funds were available after the other allocations were made. Mr. Welf stated they talked about going to the schools and dealing with children at the schools. They did not say anything about what happens after school closes. He w.ould also recommend no funding based on the fact that this is not new and does not fit the criteria_ . � m HUMAN RESOURCE�S.COMMISSION M�ETING, JUNE 9�, 1994 � PAGE 3 _ Mr.• Cov.erst�on: stated he� is concerried about ,ti�ie fact that there is ` � � '� a waiting list and they�cannot help all those who come to them. � He recozr:mended funding because of the waiting list. Amount Recommended - $1,000 CiiAP.(Carinc�, Helpinq and Providinq) Corp = Request• $3,968 Ms. Mau stated she was impressed with the program. They have 93 families in Fridley alone.. They are.expanding constantly, and t�ey . are totally nonprofit. Mr..Welf stated he visited the store. The store is well run and the staff was working�fiard. If these people get displaced during �the funding year and do�not serve �the Fridley area,�he recommends funding be cut off for the period they�are not there.. Ms. Mau stated what impressed her.�the most�.w�s that the people do not draw any money out bf it. Everything that comes in goes back to the people. � . . � Mr. Coverston stated he questioned in the_budget the $5,000 in tithes. He was not sure this was appropriate for an agency serving others. Mr. Barg stated they can stipulate the money is to be used under certain circunistances. If not, the funds will not be allocated. CHAP may have a plan in place for what they are going to do if they are displaced from their current location. Mr. Oquist stated he understood this agency wanted to be in this area in order to service more people_ The money was requested for insurance. Ms. Mau stated she would recommend funding of $3,000. Mr. Coverston stated he was impressed with the services provided and how much they provide as individuals. He recommended funding between $1,500-$2,500 because he was not sure that the tithing was appropriate for an agency serving others. Mr_ Oquist stated this is a new request, an innovative program, and they are serving a large number of people. Ms. Mau stated she liked the idea that they are asking for something that is a basic need_ They are not pulling any money out. Yf they need help with insurance, she thinks it is okay_ Mr. Oquist stated they have good control. They serve 93 families. f{e recommended $3,000. : HUMAN RESOURCES COMMISSION MEETING., JUNE 9t 1994 PA�E 4 Mr. Ba�g stat-ed �that if ttie ti�thing is ; a concerri, he can contact CEIAP and �ask about i t : ' � ' � " � � Amount Recommended - $3,000 City of Fridley Recreation and Natural Resource Department - Rectuest• $5,000 Ms. Mau stated the program showed real positive results last year. The response was good. They served a lot of kids, and 100% of the funding went to scholarships. This year, they figured out a way to have shared districts. She could not come up with a reason to not fund for another year. They are changing the program. She foresees.th� program growing.to be something that-will include all �the schoo�. districts in tYie :City .and still have many opp.ortunities for the kids. She recommended ful�l funding: ' Mr. Coverston.sta.ted.they.are.certainly.serving a lot of kids.- Mr. Oquist stated it is: �mportaz�t�that t�ey learned from last year. They are�wor-king with the other.school districts to expand -the. program. It is a viable program, and he would recommend funding for one more year to allow the program to expand. Mr. Welf stated the program still fits into the criteria for funding. Ms. Mau stated she checked to see how the summer programs were going. They are getting a good sign-up. One program they did not get good participation on last year was called BTast which was two days a week from 1:00 p.m. to 4:00 p.m. , and the kids did a variety of activities. This year the participation is up. The program seems to be catching on. Mr. Oquist stated kids tend to shy away from a program the first time but, when they hear from others how much fun it was, they want to go and participation increases. Ms_ Mau stated this is also keeping kids busy. Amount Recommended: $5,000 Communitv Emerqency Assistance Proqram, Inc Request• $3,000 Ms. Mau stated they served 906 families or 2,700 individuals last year from Fridley alone. That is a major amount of participation for i'ridley people. Mr. Coverston stated he liked the approach to provide unusual ways in whi_ch they hel� those who would have trouble qetting help. : HUMAN RESOURCES COMMISSION MEETING, JUNE 9, 1994 PAGE S � Ms�. Mau stated ..she liked the way they help faini�lies ge't. gb'ing on their own. More programs li�ke ttiis will be needed if the two-year minimum welfare bill is passed. CEAP is one of those programs that moves people along better than other proqrams. Amount Recomraended - $3,000 Familv Counselinc7 Clinic No�theast - Request• $60,000 Ms. Mau stated.she liked the program. No one gets ,paid. They do this on a volunteer basis. Two thousand people were served. When she first read the request, she did not like it; but when she found but these were volunteer hours and staff was not drawing a salary for. its� time, she was conviriced. She recommended $3,0(10 to get them going...They also,do not'get funding from other sources. Mr. Welf stated �he. f:elt $3,000 is. a fair-. amount. .cons�deri�g th.is i's the first request. _ � Mr: Oquist stated this is a fir.st-time program. Amount Recommended - $3,000 Northwest Suburban Rinship, Inc - Reguest• $1,500 Ms. Doody stated that, at this point, she could care Iess if the program is not funded or given $1,500. They can use $1,500. They can use $5,000. 5he is more c.oncerned about the way she has been treated in the past by the Commission. She is concerned about the Commission members who met with the program's representative and the way she was treated last year and more so this year. Because Ms. Peka is a handicapped person, they are trying to help her minimally by giving her a salary for her services at $5.00 per hour. Who among those present would work for $5.00 an hour? With the way she was treated, she came back to Ms. Doody and her self- esteem was zero. Ms. Doody felt her representative was badly treated. Her program works with kids with low self esteem. Ms. Doody stated that before coming to the meeting, she received a call from a parent who wanted her child in the program_ As of this time and as of a year ago, there is no way the program can take kids from Fridley first. She tells the parents the name ��ill be put on a waiting list, but they will not be on the top. She advises parents to talk to their Councilme.:�ber or Commission member. Unfortunately, the parents are not going to make the waves move_ Ms. Doody stated she has not deleted names from the waiting list; but if Blaine, Anoka, Coon Rapids, Andover and other cities are fundi_nq Ki_nship wi_th CDBG monies and Fridley is not, there is no way she can serve Fridley in the same way as the other cities. �; HUMAN RESOURCES COMMISSION MEETING JUNE 9 1994 PAGE 6 - . Tt�ere. is �:no w�.y she . ca.n hbno_r the � kids. fro� FridL�y as� a f�irst- ' � come, first-serve when they are not�be'ing funded.'� She takes a grievance from her staff when a person was treated the way this person felt whether it was the Commission's intent or not. . Mr. Oquist stated he was very.� impressed with Ms. Peka's pr.esentation and had every inten� of providing fundi.ng.for the progratit this year. She did a very riice job of making the presentation and answering questions. Ms. Doody stated her complaint is that Ms. Peka did not come away feeling that way.. Ms. Doody voiced her concerns to Mr. Barg. Ms. Peka's self esteem was nil. Mr.. Oquist. stated. this. was not done by .this Comm.ission.. The Commission members concurred. Ms. Mau assured Ms. Doody that Ms, Peka. was treated with respect, and_the Commission_�members asked her the same.kinds �of questions they asked every one else. She had a mtzch.more posi�tive feeT�ng� than she had the previous year. _. Mr. Coverston stated that after talking with Ms. Peka, he had a favorable feeling about the program. Ms. Doody was provided with a copy of the minutes of the previous meeting. Mr. Oquist stated her representative was treated just like the other speakers. He did not realize she had a handicap. She appeared to be nervous but all the presenters are nervous. She answered the questions very weil. Ms. Mau stated she went back to read the minutes because she could not believe the comments made in the memo. The Commission members asked Ms. Peka questions just Iike anyone els2. Mr. Oquist stated she presented the program very well, and she answered the questions very well. Mr. Welf asked if there was something specific that she did not like_ Ms. Doody stated Ms_ Peka felt she did not receive respect. She felt someone supposedly made a comment that they would not fund because they did not qualify and did not answer a11 of the questions. Secondly, the financial statement was not copiecl with the report and she said she could not find it. : HUMAN RESOURCES COMMISSZON MEETING, JUNE 9, 1994 PAGE 7 Mr. Welf stated he had asked about that information and had questioned whether this was an incomplete application. There was no comment made about not funding because of it. Mr. Oquist stated he was impressed with the presentation of the program. This program is similar to Big Brother/ Big Sister, which had 32 matches in the City. Mr. Welf stated Kinship had no additional matches in Fridley last year from the few.matches in the previous year. Ms. Doody stated they did not receive CDBG funding from Fridley this past year. Mr. We1,f.stated that:when he hears that, he:gets the feeling that � this program does��not have a pro.bono spirit and that ma�ybe there �� is more interest in�the funding.than in helping the children. This is what it looks like on:the surface: � Ms. Doody stated.that if he had read what they said and.documented � how many hours are put -into a safe match, etc.., he would �not say thai. Mr. Welf asked what the expense is after the match is made. Ms. Doody stated they inonitor the match. They also have high insurance costs_ Far example, if someone alleges, sexual misconduct, they can come after the program, staff, board members, etc. The insurance covers the program and those associated in the program. Volunteers coming into the program must provide ten references. Mr. Oquist stated the.procedure at the last meeting was to limit the presentations to 15 minutes so he would like to limit comments to that at this time. Ms. Doody stated she appreciated the questions which shows an interest in the community. Ms. Mau stated there are four volunteers from �'ridley now. It comes down to the same problem with other programs which is the number served with the amount of monP�>. She thought the money is better spent where is serves the most people. Mr_ Welf stated he is concerned that there is a problem getting volunteers. To him, this shows no interest in the program by the general public. He didn't see that he could support the program. Mr. Coverston stated he was impressed with the presentation of the staff person_ In view of that and to provide encouragement and support for the program, he would recommend fundinq at $1,000_ �; � '_ � HUMAN RESOURCE� COMMISSIOPI MEETTNG�, JUNE 9, 1994 •••PPcGE 8, . � ' Mr_ Oquist stated he was �also impressed and felt it was time 'to fund the program_ He is concerned about the four volunteers and � the.interest that shows. He is not sure ahout the advertising or �• •• how others know about- the progr�m. - fie� recommended $500. � � Mr. Cove.zston.stated that in looking at the budget, the amount of• the program is stated as $2,000. How much of the staffing is also programining? , . � �-_.. � Ms. Mau stated the staff costs are high compared to the program costs. In looking at the budget proposal for next year, program administration of $15,700, executive board for $2,000, health insuranCe at $3:,.500_, .and��. program cost . of. $2 , 479 . �hat is�� ' . bothersome to her because so much of the money is gaing to expenses rather than helping the kids. Program aaministration costs for ' .' .- : next. year. a��-.budgeted �at. $20.;:o0Q.. � . � ' � � . � �. Mr. Welf stated that, to a certain degree, this is because of the ' time it takes.to_set it up.: . ,. . Ms. Mau agreed, but that is where she is having.a problem. The actual cost of the program is so much. The rent is in-kind which means this is being provided so that they are not actually paying rent. Ms. Doody stated the total budget includes the in-kind gifts the program receives, including the volunteers for activities. Ms. Mau stated the receptionist is also listed as .in-kind. But nothing else is listed that way, which means those are actual expenses. Ms. Doody stated to have a safe match means staff interviews the volunteers. They have only a half-time person and volunteer hours. She is being paid and Ms. Peka is paid. Ms. Mau asked who was paid under program administration expense. Ms. Doody stated she was paid under program administration expense_ The projected figures are not the same as the actual. Ms. Mau stated the actual figure on the budget is $17,775. She wanted to know where the money is being channeled. The payroll for Ms. Peka is $12,000 for next year. She would go along with $500 to motivate and see how many Fridiey kids are actually served next year. Mr_ Welf stated he could go along with that_ Iie would like to have the figures in on time next year. �; • HUMAN RESOURCE3 GOMMIS$ION MEETING, JUNE 9r� 1994 ' PAGE 9 • 1�Is. D.obd�y stateel it t.akes� �12 haur� �.to pro.cess o�e cYi,i�ld c'�For 'the �� sa��ary, they went with the reasonable ra�e. � ' Ms. Mau stated that the Commission received good�information�from '. � Ms. Peka. She wished to clarify that $500��needs ta be spent ori � Fridley kids or it comes back. � Ms. Doody stated this amount will not help that many kids. They receive more from other cities. Mr. Oquist stated it is possible that other cities have more funds to dispense. This Commission gets a fixed amount to allocate as set by the City Council. Ms. Doody stated 15% of.the total CDBG funds must go to human services. If a city does not use their funds, other cities.can � .pick up�.those. fund�::. � .. � . . • � . . .. . ... . .. .. . �. , , . �. . , .. .... . � . .:. . : . ... ` . � . . ' Mr. Barg stated the amount represented for allocation is 23% of the , tot al. Mr. Oquist stated there have always been more requests for funds than funds to allocate. Amount Recominended - $500 RISE, Inc. - Request� $� 000 The consensus of the Commission was to not fund. Amount Recommended - $ -0- St. Philip�s Lutheran Church - Request• $3,000 Ms. Mau stated in looking at that age group, $5 per month to insure the safety of your child after school is very positive. This is a new program. It can serve ma;�y kids. It meets the criteria. There exists the possibility that many kids may be served through this program_ Mr. Coverston stated the program is also open �o those �r�ho can co�e from the other school districts as well. Amount Recommended - $3,000 Tamarisk Resources,_ Inc. - Request: $7,735 Ms. Mau stated this program served 21 Fridley families with hone care. They trained 20 new volunteers. This is the same program as last year but she �•�ould like to give it one more year as a pilot SK j HUMAid RESOURCES COMMISS�ON MLETING, JUNE 9. 1994� PAGE � 0 � � � • .� program. ' ' :�'his � is . di f f icult because . so'�.mu�h �� .gcfes �. to e�cpen�e. . � . � � Because it is new and different�, she would go along with $4,000. Mr._ Coverston.agreed. � ,. . Mr. Welf stated the cost per person served is very high. But, it is .also needed: because there i.s .no one �.else in: �he ar.ea ��that- �is._- providing this service. There is no duplication of service. He would agree with $4,000. Amount Recommended - $4,000 MOTION by Ms. Mau, seconded by Mr. Welf, to recommend �o the City Council.the.CDBG funding allocations as follows: • � This Year's Amount ,. Organization . � � .R�quest .Recqm�ende.d. . � Alexandra House . . $ 4,500 � ..$ 2,500 . � Arc of Anoka County �$ 1,400 $-0- � Central Center for Family Resources CHAP Store City of Fridley Recreation Community Emergency Assistance Program Family Counseling Clinic Northeast Northwest Suburban Kinship R.I.S.E. St. Philip's Lutheran Church Tamarisk $ 3,000 $ 3,968 $ 5,OQ0 $ 3,000 $60,000 $ 1,500 $ 5,000 $ 3,000 $ 7, 735 $98,103 $ 1,000 $ 3,000 $ 5,000 $ 3,000 $ 3,000 $ 500 $ -0- $ 3,000 $ 4,000 $25,000 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY_ Mr. E3arg stated the Planning Commission will review this r.ecommendati.on at its June 29, 199�:, meeting, and the City Council will discuss it at its meetinq on July 11_ : PLANNING COMMISSION MEETING JUNE 29 1994 PAGE 28 �_ - � � . � • �5. .. A �.p�a�k iee. of $750 �sh:all'• be ..paid a:t� �the i.ssu�nc : of' a . , . . - � bu�il.ding �permit: . � : : . . . The •legal descriptioti for the two lots ar� as f ows: " • . . . Tract A : Lots 6 ,. 7 , _ 8 , 9 , 10 , .1 , 12 , ancl 13 , Block 12., .� Hamilton�'s Addition to Mech.an' sville, Anoka, Minn.esota, . except that part lying weste of the east right-of-way line of Stat.e Trunk Highway No 47 (University Avenue N.E.) Tract B: Lots 14, , and 16, Block 12, Hamilton's Addition to Mechanicsvil , Arioka County, Minnesota, together with that part of vac ed 54th Avenue N.E. and the vacated alley accruing, xcept that part lying westerly of the east right- of-way ine of State Trunk Highway No. 47 (University Avenue N.E UPO A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWNIAN DECLARED THE ' • . - . :�i .: ION CARRI�D .:UNANIMOUSLY. . . . . , � . 3. CDBG .FUNDING RECOMMENDATION FROM THE HUMAN RESOURCES COMMISSION• Mr. Oquist stated the Commission had applications for a couple of new projects that the Commission was quite impressed witi�-- Northeast Counseling Center and the CHAP 5tore. Both organizations service a lot of Fridley people. He would recommend the Commission ' concur with the Human Resources Commission's-recommendation for funding. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to concur with the Human Resources Commission's CDBG funding recommendation for 1994- 95 as follows: Organization Alexandra House Arc of Anoka County Central Center for Family Resources CHAP Store City of Fridley Recreation Community Emergency Assistance Program Family Counseling Clinic Northeast Northwest Suburban Kinship R.I.S.E. St. Philip's Lutheran Church Tamarisk This Year's Request $ 4,500 $ 1,400 $ 3,000 $ 3,968 $ 5,000 $ 3,000 $60,000 $ 1,500 $ 5,000 $ 3,000 $ 7,735 $98 , 103 Amount Recommended $ 2,500 $ -0- $ 1,000 $ 3,000 $ 5,000 $ 3,000 $ 3,000 $ 500 $ -0- $ 3,000 � 4,000 $25,000 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. : � � ' .. CITY OF FRIDLEY � � . ' � . . � ' � � � . � SPECIAL �HUMAN RESOIIRC�S COMMISSZON. irIEETING, JOF,Y ..14,� 1994 � � . :. ' ._'.._ __:,________�_....:...___:. :._____:.___�_.._:._______-'___.._;.__ �: ._-..__ . CALL TO ORDER• . � . Chairperson Oquist called the July 14, 1994 special Human Resources Commission meeting to or.der at_ 6s0]� p.m. : . ROLL CALL• Members Present: Members Absent: Others Present: LeRoy Oquist, Terrie Mau, Charles Welf Clem Coverston Steven Barg, Planning Assistant Kent Campbell,.CEAP m � 1�Ir.. �.Barg. :stated �.that . "the mi.hute.s from. the �.June .9; � i994., meeting: ��. . . would be presented at the next regular meeting in August. APPROVAL OF AGENDA Mr. Barg stated that there was no formal agenda for this special meeting. He added that the meeting's only purpose was to recommend reallocation of some CDBG human service funds. l. OLD BUSINESS Mr. Barg stated that he recently became aware that the Family Counseling Cli.nic Northeast is ineligible for CDBG funding, since this agency does not qualify as a licensed nonprofit organization as defined by HUD requirements. The Commission had recommended that this agency receive $3,000 in CDBG funds, and the Commission should now determine how to reallocate these monies and revise its funding recommendations accordingly. Mr. Barg stated.that the Commission had previously recommended full funding of reguests for three agencies (City of Fridley Recreation, Community Emergency Assistance Program, and St. Philip's Lutheran Church); therefore, the $3,000 should be allocated to one or more of the other seven agencies originally recommended for partial or no funding. Mr. Barg stated that he notified all agency contact persons of this special meeting. Arc of Anoka County subsequently sent a letter for the Commission's consideration. Mr. Barg distributed copies of this letter for the Commission's review. Mr. Welf stated that he felt additional funds should be reallocated as follows: Central Center for Family Resources -$1,000, CHAP Store -$765; Northwest Suburban Kinship -$500; and Tamarisk Resources - $735. : � SPECIAL HUMAN RESOURCES COMMISSION MEETING•. JULY 14� 1994 PAGE 2 � � � Ms. Mau .stated that she preferred to use the �$3,000 as follows: Alexandra House -$i,000; Central Center for Family Resources - $1,000; and Tamarisk Resources - $1,000. . . . . . Mr. Oquist stated that he would agree with Ms. Mau's praposed recommendations. _ Mr. Welf indicated that he could support Ms. Mau's proposal also. The Commission gave the following rationale for its recommendations on reallocating the additional funds: Alexandra House meets an important community need in the area of domestic abuse; Central Center for Fam�ly Resources .provides a wide range of counseling . services, including services to youth, and the money is being reallocated from a proposed counseling use (Family Counseling �. Clinic Northeast)_• Tamarisk.works to provide.�needed hospice... �� serv'iees: to.�our � commu�i�ty.. : � . � . . . . . . � MOTION.by Ms. Mau, seconded by Mr. Welf, to recommend amending the Commission's June 9, 1994 CDBG funding recommendations for hur�ian service projects as follows: $1,000 additional to Alexandra House, Central Center for Family Resources, and Tamarisk Resources. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OQUI5T DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Motion by Ms. Mau, seconded by Mr. Welf, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED AND THE JULY 14, 1994 SPECIAL HUMAN RESOURCES COMMISSION MEETING ADJOURNED AT 8:12 P.M. Respectfully submitted, t-�'? . �:=.� : - Steven Barg f Planning Assistant : � RESOLUTION NO. - 1994 � RESOLUTION A�THORIZING AGREEMENT5 BETWEEN THE CITY OF FRIDLEY AND RECTPIENTS OF 1994�-95 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, 1994-95 Federal Community Development Block Grant (CDBG) monies have been made.available to th,e.City of Fridley; and. WHEREAS, Anoka County Officials administering CDBG funds require that the City enter into contracts with each service provider; and WHEREAS, at its meetings of June 9, 1994 and July 14, 1994, the Fridley Human Resources Commission recommended 1994-95 CDBG funding to..human service organizations as �isted below;. - NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF _ FRIDLEY .authc5rizes the Mayor .and �he City Manager to . exeCUte agreeinents between �.the City. and the follo�ring. organi�ations. fo� the provision of services in accordance with Federal CDBG regulations: Organization Amount Pur�ose City of Fridley $5,000 Youth program Tamarisk Resources $5,000 Hospice Alexandra House $3,50Q Hospital advocacy CHAP Store $3,000 Food/clothing/etc. Community Emergency Assistance Program St. Philip's Lutheran Church Central Center for Family Resources $3,000 $3,000 $2,000 Food/direct assistance Youth program Counseling services Northwest Suburban Kinship $ 500 Youth program PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF JULY, 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK . •� WILLIAM J. NEE - MAYOR restore the demised premises as soon as is reasonably practical, to substantially the same condition in which the demised premises were before such damage. 7. Any trade fixtures, equipment and other property installed in or attached to the demised premises by or at the expense of the Lessee shall remain the property of the Lessee and the Lessor agrees that the Lessee shall have the right at any time and from time to time to remove any and all of its trade fixtures, equipment and other property which it may have stored upon or affixed to the demised premises; provided, however, that in the event of such removal, Lessee shall restore the premises to substantially the same condition in which the premises were are the time Lessee took possession. 8. Lessee agrees to pay to the Lessor on demand, the cost of any repairs to the premises if such repairs are made necessary by Lessee's misuse or negligence, or the misuses or negligence of Lessee's guests. Lessee agrees to make the aforementioned payment . no later than the first day of the month following notification from the Lessor of the Lessee's responsibility for this payment. 9. The Lessee agrees to promptly notify the Lessor of any dangerous conditions in the premises provided by the Lessor. 10. The Lessee agrees to vacate the premises on or before the termination date of this Lease or any renewal or extension as provided by this Lease. If the Lessee fails to vacate on or before the required date, he shall be liable to the Lessor for any and all losses incurred by the Lessor as a result of such failure. Upon vacating, the Lessee agrees to leave the premises in the condition �« Lessee agrees to provide for the cleaning of the buiZding's interior, the maintenance of the.side walks �nd the upkeep of the lawn. Further, the Lessee shall promptly pay the costs of al.l utilities, including but not limited.to, electricity, natural gas, telephone,m sewer, water and refuse removal. The Lessor agrees to provide all snow removal for the parking lot which is immediately adjacent to and which services the demised property. 2. Lessee shall procure insuranee on the contents of the building during the term of the lease. 3. Lessee covenants and agrees that it will make no structural change or major alteration without the lessor's consent, which consent shall not be unreasonably withheld. The Lessee , further covenants that it will promptly pay for any such alterations, repairs or maintenance ,made to the demised properties so that no mechanics liens will be filed against the property. 4. Lessee agrees to pay all special requirements for utilities such as gas, steam, water and electricity. Charges for such utilities shall be paid by Lessee and in the event such charges are not paid when due, the same shall constitute a default hereunder on the part oi the Lessee. 5. Lessee agrees that it will not sublet the demised premises or any part thereof, and will not assign this lease or any other interest therein. 6. The parties hereto mutually agree that if the demised premises are partiaily or totally destroyed by fire, or other hazards, then Lessor may, but is not obligated to, repair and • � AGREEMENT OF LEASE This �greement, made this day of , 1994, by and between the City of Fridley (hereinafter designated as "Lessor"j and Independent School District No. ].4, (hereinafter ciesignated as "Lessee"). WITNESSETH: That .the Lessor, for and in con�ideration of the• terms, covenants, rents and conditions, herein mentior�ed, to be paid and � performed by Le�see, does �ereby demise and 1et on to said�Les.see;. and the said Lessee does hereby hire and take from the Lessor the following described premises situated in the City of Fridley, County of Anoka, State of Minnesota, to-wit: The "A" Frame building located at North Innsbruck Park, Arthur Street, Fridley, Minnesota To have and to hold the same just as it is, without liability on the part of the Lessor to make alterations, and improvements or repairs of any kind in and about the demised premises, except as and if otherwise set forth herein, beginning September 1, 1994 through May 31, 1995; 1. Lessee agrees to and with Lessor to pay Lessor as and for the rent for the above-mentioned premises monthly installments of $555 each month, in advance, on the first day of each and every month during the full term of this Lease at the office of the Lessor or at such other places as Lessor may in writing designate. In addition to the rent specified in the preceding paragraph, • � - _ . " � . . � ' .C�� . • . • • . -. .. . - � fRiDLEY � � � : � . � � � . FRIDLEY MUNICIFAL CE�NTER •-64i1 UNIVERS[TY AVE. N.E. FRfDLEY, f�i�i 5�43? •(61?I �71-3�450 • FAX (61?1�571-1?2{7 � 1� TO: � WILLIAM .W. BURNS, CITY �VIANAGER � � . FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: "A" FRAME LEASE - SCHOOL DISTRICT NO. 14 DATE: July 12, 1994 School District #14 would lil�e to rene.w the lease far. the "A" Frame building located at '.North Innsbruck Park; Art�ui� Sti�eet.: The lease would include tl�� sam�e terms �as the � agreement dated Septemb�er 30, 1993. ` The lease will run from September 1,' 1994 through May 31, 1995. If you have any questions concerning this matter, please let me know. RDP/me Attachment � at the commencement of t�e tenancy, ordinary wear and tear � � excepted�. � � � � . . � . � . . 11. �Lessor shall at all� �times� have the right to enter upon said premises to inspect their condition and at his election to make reasonable and necessary repairs thereon for the protection and preservation thereof, but nothing herein shall be construed to require the Lessor to make such repairs, and the Lessor to make such repairs, and the Lessor shall not be liable to the Lessee for failure or delay in making such repairs, or for damage or injury � to persons or property caused in or by the making of such repairs, or the doping of such work. � 12. If the Lessee shall make default in any covenant or agreement to be performed by it and if after written notice from Lessor to Lessee, such default shall continue for a period of five (5) days or if the leasehold interest of the Lessee shall be taken on execution or other process.of law, or if the Lessee shall petition to be or be declared bankrupt or insolvent according to law, then, and in any of said cases, the Lessor may immediately or at any time thereafter, without further notice or demand, enter into and upon said premises or any part thereof and take absolute possession of the same fully and absolutely without such re-entry working a forfeiture of the rents to be paid and the covenants to be performed by the Lessee for the full term of this Lease and at Lessor's election, Lessor may either lease or sublet such premises or any part thereof on such terms and conditions and for such rents and for such time as the Lessor may reasonable elect and after crediting the rent actually collected by the Lessor from such re- . � letting, the Lessee, its respective heirs, legal representatives, � � successors and assigns�, and i�terests sha�l�l be liable .to the Lessor � � for any balance remaining due on the rent or reserved under this lease, or the Lessor may at his option, declare this Lease forfeited and may take full and absolute possession of said premises free from any subsequent rights of the Lessee. That in the everrt of default by the Lessee, Lessee shall compensate the Lessor for all reasonable attorney's fees, expenses and costs incurred by the Lessor in either reacquiring possession of the property or for bringing an action for recovery of unpaid rent. In the event that the Lessee vacates the premises and defaults in any of the terms of this Lease without giving formal notiee of termination of the Lease, the Lessor has a right to reenter and take possession of the premises. 13. Wherein in this Lease it shall be required or permitted that notice or demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served and shall not be deemed to have been given or served unless in writing and forwarded by mail addressed as follows: To the Lessor: Fridley City Manager Fridley City Hall 6431 University Avenue N.E. Fridley, Minnesota 55432 To the Lessee: Independent School District No. 14 6000 West Moore Lake Drive Fridley, Minnesota 55432 9E r . Such addresses may be changed from time-to-time by either - . � � .party �by� servicc of_ no�tice as above provided. � � � � � � � � � - � � 14. The Lessor and� the� Lessee agree that all of the provisions hereof are�to be construed as covenants and agreements. 15. Where appropriate, singular terms include the plural, and pronouns of one gender include both genders. 16. In the event that non-public funds are terminated or significantly reduced which causes one program to prematurely ciose, the Lessee shall notify the Lessor and shall be allowed to terminate the lease within thirty (30) days due to the lack of funds. IN WITNESS WHEREOF, the Lessor and Lessee have caused their respective names ta subscribed to this Lease on the day of , 1994. LESSORS: City of Fridley BY: William J. Nee ITS Mayor LESSEE: INDEPENDENT SCHOOL DISTRICT NO. 14 BY: Mary Ann Nelson ITS Superintendent 9F j� . TO: �.WILLIAM W. BURN$, CITY MANAGER � ' � � � . . .. � . FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR HOWARD.D. ROOLICR, ASSISTANT FINANCE DIRECTOR � PAIIL S. HANSEN, STAFF ACCOIINTANT SUBJECT: MODIFICATIONS TO THE 1993 BIIDGET DATE: July 20, 1994 Attached you will find :a. resolution amending appropriations to : � the � �1.}93.:.�liudget. : iri �. accordance'-with the � City Gh��ter: � � � � � The adjustments listed have arisen as a result of donat.ions, unforeseen�e�cpenditures, auditor adjustments and items budgeted in the incorrect categories. All adjustments have been informally approved by you through the Budget Reappropriation Form. We request that Council approve the amendments on the attached resolution. � RESOLUTION NO. - 1994 � A RESOLUTIOiJ AU'P80RIZIN�C CHAN.GES IN APPROPRIATYON3 FOR' THE GENERAL FUND, CABLE T.V. FUND, GRANT MANAGEMENT FIIND, HRA REIMBURSEMENT FUND, DRUG AND GAMBLING FORFEITURE FIIND, HRA HOIISING FOND AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR 1993. WHEREAS, the Government Finance Officers Association requires that all line items within divisions reflect favorable account balances in the Annual Report; and WHEREAS, the City of Fridley has involved itself.in initiatives that provide for future charges and modifications that will provide for a better delivery of service, and WHEREAS, the City of Fridley has not incorporated these and other necessary_ ehanges ,into ��the• adopted� budget � for. 19�3 : " �. NOW, THEREFORE BE IT RESOLVED that the budgets of the following divisions and funds be amended as follows: REVENUE ADJUSTMENTS DONATION - POLICE FIRE PROTECTION SERVICES SALE OF PROPERTY DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION TOTAL REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS PERSONNEL LEGAL ELECTIONS ACCOUNTING GENERALFUND SUPPLIES/CHARGES CAPITAL OUTLAY SUPPLIES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES 10A 250 125 150 1,000 3,500 2,000 2,050 5,100 100 100 150 100 100 300 $15,025 FRIDLEY �IONS CLUB ANOKA TECHNICAL COLLEGE SALE OF MISC. FIRE PROPERTY WAABI FRIDLEY JAYCEES FRIDLEY VFW FRIDLEY AMERICAN LEGION FRIDLEY LIONS CLUB GENERAL MILLS SHOREWOOD FRIDLEY STATE BANK HONG KONG KITCHEN HEALTH SPAN TARGET (1,698) PURCHASE COMPUTER 1,698 PURCHASE COMPUTER 1,500 SETTLEMENT 500 SPECIAL ELECTION SUPPLiES 213 SPECIAL ELECTION SUPPLIES (3,185) 3,185 _ , GENERAL FUND (CON� : � � . � ASSESSING � � PERSC7NAL SERVICE�S �" � : . . . � . . � SUPPL,IES/CHARGES . CIIY CLERK SUPPUES/CHARGES � � � � SUPPUES/CHARGES . � POLICE PERSONAL S�RVICES SUPPUE.S/CHARGES SUPPLIES/CHARGES SUPPUES/CHARGES CAPITAL OUTLAY FIRE SUPPLIES/CHARGES SUPPLIESICHARGES CAPITAL OUTLAY� . . ENGINEERING PERSONAL SERVICES SUPPLIESJCHARGES . : � . . � � � � _ � . � : SUPPLIES/CHAAC�S� . , . ' SUPPLIES/CHARGES CAPITAL OUTLAY PUBLIC WORKS SUPPLIES/CHARGES SUPPLIES/CHARGES CAPITAL OUTLAY CAPlTAL OUTLAY TRAFFIC ENGINEERING SUPPLIES/CHARGES RECREATION SUPPLIES/CHARGES SUPPLIES/CHARGES PLANNING PERSONAL SERVICES SUPPLIESJCHARGES BUILDING INSPECTION PERSONAL SERVICES SUPPUES/CHARGES NONDEPARTMENTAL PERSONAL SERVICES SUPPLIES/CHARGES SUPPUES/CHARGES EMERGENCY RESERVE TOTAL APPROPRIATION ADJUSTMENTS 1: �(3,577) �. : , . . ... .. . 3.,5�7. � . . � 1,425 OCCUPATIONALLICENSE FORMS (500) SWAP WITH EL.�CTIONS (25,110) ASSESSMENT STUDY 25,110 � MSSESSMENT STUDY 250 SAFE ZONE SIGNS � (1,491) 1,491 � 125 TEACH HAZ MAT COURSE i50 PURCHASE REPLACEMENT SUPPLIES 47,958 REPOWER AERIAL #2 . (5,006) 5,006 � �1,678 �� SWAP �FRC�M EMERGENCY�RES�RVE� . � � 4,000 WETtAND.IDENTIFICATION � � 3,680 GIS COMPUTER (1,568) BACKSTOP HOOD (10,713) 10,713 1,568 BACKSTOP HOOD (3,680) SWAP WITH ENGINEERiNG 13,650 49ERS DAYS 850 ENTERTAINMENT IN THE PARK (1,498) 1,498 (2,115) 2,115 (4,698) 4,698 10,000 ALEXANDRA HOUSE (1,500) (1,425) (47,958) (4,000) (10,000) (1,678j (213) $15.025 SETTLEMENT OCCUPATIONAL UCENSE FORMS REPOWER AERIAL #2 WETLAND IDENTiFICATION ALEXANDRA HOUSE ENGINEERING SPECtAL ELECTION SUPPLiES . : GENERAL FWND (CONT� . : : � � . . . . : . � ' . - . � � .. . . . - : SPEGiAL- REVENUE: FUNiUS . : � � � . � .. _ �. � � � CABLE TV FUND � � REVENUE ADJUSTMENTS � DONAT(ONS � $73,200 ETC EQUIPMENT GRANT APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES (2,055) CAPITAL OUTLAY 57,171 ETC EQUIPMENT PURCHASES $55.116 GRANT MANAGEMENT FUND REVENUE ADJUSTMENTS INTERGOVERNMENT 60 052 CDBG ACTIVITY APPROPRIATION ADJUS7MENTS � � � . . . : : TRANSFERS . . 60 Oa2 : . CDBG ACTIVFTY .. � SOLID WASTE ABATEMENT FUND APPROPRIATfON ADJUSTMENTS PERSONAI SERVICES (7,162) SUPPLIES/CHARGES 39,618 INCREASED CURBSIDE CONTRACT $32.456 HRA REIMBURSEMENT FUND REVENUE AOJUSTMENTS INTERCOVERNMENTALAL $16.314 UNBUDGETED ACTIVITY APPROPRtATiON ADJUSTMENTS SUPPLIES/CHARGES $16.314 UNBUDCETED ACTIVITY DRUG AND GAMBLING FORFEITURE FUND REVENUE ADJUSTMENTS FINES AND FORFEITS $5.602 UNBUDGETED ACTIVITY APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES 7,930 UNBUDGETED ACTIVITY CAPITAL OUTLAY 811 UNBURGETED ACTIVITY $8 741 HRA HOUSING FUND REVENUE ADJUSTMENTS OPERATtNG TRANSFERS $54.086 UNBUDCETED ACTIVITY APPROPRIATION ADJUSTMENTS PERSONAL SERVICES 32,850 UNBUDGETED ACTIVITY SUPPLIES/CHARGES 19,066 UNBUDGETED ACTIVITY CAPITALOUTLAY i,698 UNBUDGETEDACTIVITY $53,614 LL'l� GENERAL FUNO {CON� : REV�NUE ADJUSTMENTS - . ' � . . � DONATION � � CAP.ITAL.IMPROVEM�NT FUND � � � $100.000 � FIRE T'RAINING SITE APPRQPRIATION ADJUSTMENTS _ SUPRLI�S/CHARGES .. 78,694 ADDED PROJECTS AN� BUDGETED CAPITAL OUTLAY 202,211 PROJECTS IN EXCESS OF BUDGET OTHER FINANCING USES 625,750 TRANSFER TO 1992 STREEf PROJECT FUND TOTAL APPROPRIATION ADJUSTMENTS $906.655 PASSED AND ADFJPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF , 1994. ATTEST: WILLIAM CHAMPA - CITY CLERK 10D WILLIAM J. NEE - MAYOR TO: WILLIAM W. BURNS, CITY MANAGER �N� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR HOWARD D. KOOLICK, ASSISTANT FINANCE DIRECTOR SUBJECT: ESTABLISHING SOLID WASTE ABATEMENT FUND DATE: July 20, 1994 �In 1991; the Finance- Department created a special � rev�n.t�e � fund #o acconat for the revenues and expenditures related to the recycling program. Tliis fund, the Solid Waste Abatement Fund, collects state SCORE funds, recycling fees billed to residents and yard waste fees while paying the City's curbside recycling contract, personnel costs and other costs associated with recycling. Under Minnesota Statute Section 115A.929 as amended in 1993, the City must account for all revenues callected for waste management fees separately from other revenue collected by the City. The City's recycling fee and yard waste fees qualify as waste management fees under the new definition and therefore need to be accounted for separately. RESOLUTION NO. _ _ - 1994 A RESOLIITION ESTABLISHING THE SOLID WASTE ABATEMENT FIIND WHEREAS, Minnesota Statute 115A.929 requires the City to account for all revenue collected from waste management fees which include yard waste and recycling fees; and WHEREAS, the City of Fridley believes that it is advantageous to account for the revenue and expenditures relating to solid waste abatement separately in order to ensure that these activities are adequately and appropriated financed. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby establishes the Solid Waste Abatement Fund to account for all revenues and expenditures associated with the any program designed to decrease the solid waste generated by the City and its residents. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF , 1994. ATTE5T: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 11A TO: WILLIAM W. BURNS, CITY MANAGER,� �� - FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR I/S COMMITTEE MEMBERS SUBJECT: RECEIVING AND REJECTING THE BIDS ON PERSONAL COMPUTERS DATE: JULY 20, 1994 We have received and xeviewed the personal computer bids from three companies; PC Tailors; PC: Solutions and �1mer�Data. �n reviewing .�cti�bid, we have�faand�a n�nber of errors atid :_ ' � �.. inconsistencies. In two of the bids t�ie equi�sment clearly does not meet specifications. � PC Tailors bid a display with a slower than specification display and hard drive, at�d the incorrect number of ports. They also bid a smaller than specification hard drive for the GIS workstation. PC Solutions bid a display with a slower than specification display in one configuration and the wrong wattage power supply in the other configuration. The AmeriData bid was larger than specifications, thus over our budgeted amount for personal computer replacement. After consulting with the City Attorney, it is our recommendation that Council receive the bids and then make a finding that �he bids be rejected ba.sed on non�ompliance with the bid sp�ecifications. Staff will then re-advertise and hopefully bring back a successful bidder on the Council meeting of September 6. RDP/dw 12 _ COMPP,NY AMERIDATA PC SOLUTIONS PG TAILORS BID PROPOSALS FOR PERSONAL COMPUTERS WEDNESDAY, JUNE 29, 1994 3:00 P.M. BID TOTAL BOND BID COMMENTS CASHIERS CK DOES NOT $3,485.75 $73,511.00 MEET SPECS CASHIERS CK $2,700.00 $57,788.00 CASHIERS CK $1,885�.25 $3.7,,954.00 12A DOES NOT MEET SPECS DOES. NOT MEET SPECS �_ � Eng�neering Sewer wafer .. .. .' . � , _ . .. �. ' '• '. . . • ��. ..� .. .. .• .. • . . . : . � � . � . �. . . . ._ . ' � ' . � � . . �' . . . � � • � .. • .. • . . ' ; � . . � � . .ME�MORA�NDUM � . . TO: William W. Burns; City Manager��IV PW94230 � � FROM: John G. Flora,� Public Works Director , Scott Erickson, Assistant Public Works Director�� DATE: July 11, 1994 . SUBJECT: Receive Bids and Award Contract for Stinson Boulevard Street lmprovement . , , . �Profect No. ST. 1993-7 .-: . .- � .. � : . . . � � .. � . . : �. On July 5, 1994 at 10:00 am, bids were r.eceived and opened on the Stinson Boulevard Stre�t Improvement Project No. ST. 1993-7. Plans and specifications for the street improvement project were sent to 13 potential bidders and seven bids were received. The low bidder is W. B. Mitler, Inc., with a bid of $236,594.05. W. B. Miller, Inc. has worked for the City in the past and has performed satisfactorily. As this is a joint projeci with the City of Mounds Vew, they will be reimbursing the City of Fridley for their portion of the improvement cost. Based upon the estimated quantities, the City of Mounds �ew will be reimbursing approximately $144,300 for their share oi the improvement. The actual reimbursement will vary depending on quantities installed. Also, as noted in the public hearing held on August 18� 1993, the abutting property owners will be assessed for the cost of the concrete curb and gutter at a not-to-exceed cost of $8 per front foot. Request the City Council receive the bids and award the contract for the Stinson Boulevard Street Improvement Project No. ST. 1993-7 to W. B. Mitler, lnc., for $236,594.05. � ��",� 1�� BID FOR PROPOSALS . .. � : . � . � STRE�ET IMPROVElV�ENT.�RROJ�ECT - STINSON BLVD; . . . . . • . . . : �_' . : .PROJEC'F�N�::ST:-1993-7 � : ... .. . ' • -� TUESD-AY, JULY�S, 1994;.10:0O��.M. (Shee��.1_ of 2) . >; p >. � - �::5::;:;:; :: _ :. :.::::..:..: : >:::..::,.:: �<<.; ::> ::::«:::<� .� : : ; ;: :.:> LANHOLbE� :::::�° ';�<'':;: �1C� ��NC�.:.::.::..>. .: �'t"�TAL�II� Cfi�lillMENTS ` W B Miller inc United State $236;594.05 6701 Norris Lake Rd NW Fidelity 5% Elk River MN 55330 Northwest Asphalt United States $274,209.77 1451 County Road 18 Fidelity 5% Shakopee MN 55379 � FM Frattalove Fidefity Deposit $27.9,285.95 . . 3066 �Spruc�. St. :. . . :Co: �°�o'. _ . �. �,; . . . . . . . . � St Paul MN �55117 � _ . Midwest Asphalt Corp American $289;169.55 6350 lndustrial Drive Institute Arch. Eden Prairie MN 55346 5% Master Asphalt United Fire & $295,754.34 10939 89th Ave N Cas 5% Maple Grove MN 55369 Hardrives Inc American $304,819.70 9724 10th Ave N Institute of Arch Plymouth MN 55441 5°/a C S McCrossan Seaboard $334,905.45 Box 1240 Surety Co. 5°l0 Maple Grove MN 55311-6240 Bituminous Consulting & NO BID Contracting 2456 Main Street S Minneapolis MN 55434 Elk River Concrete Products NO BID 6550 Wedgewood Road Maple Grove MN 55311 GMH Asphalt Corp NO BID 9180 Laketown Ave Chaska MN 55318 13A BID FOR PROPOSALS � . . �:�.STF�EE� IMPROVEMENT PROJE�CT.s- STINSON .B{..yD, ... :. . . � . PROJECT� NO. ST. 1993-7� � . . �.. : � �� . ��. �UESDAY, JULY.5,� i 994, 10:00� A.M. (Sheet �' of 2) � � � , > ; . , .. ; . . . :: . _ _ . . h . . . . . � ... . y .: � : �'LANNOLt�ER ;B1D BOND ` T�3fiAL �31I'� �Olrl1MEIV7'� ; Fmpact NO BID 6301 Wayzata Blvd St Louis Park MN 55416 Penn Contracting inc. NO BID 1697 Peltier Lake Dr Centerville MN 55038 Valley Paving Inc NO B1D . �8800 13th Ave E � � . �. . � � - . . Shako ee N1N 55379 : . . . 13B April 20, 1994 . �. . . . � � -� � � � : . �C1�{�ITAL�. IM�P�k�O�IEM�NT PR.QG,R.AM -,. . . .� :: _ .- . � . . ., � � : � � .: � � . .PROJ�ECT AREA � �.. : � � � � . :. . . .� . _ . . PRC'��`� ,C�R�A: ! . STREE�S ��:``'` 1994 E. RIVER RD. UPGRAD�-PH 1I1 STREET FUND (94 - S110,000) 275,000.00 *MAIN STREET STREET FUND � 110,000.00 1994 SEALCOAT PROGRAM STftEE� FUND 224,000.00 *SIGNA�S AT UNITY HOSPITAL & ' �.OSBORNE� �EVP). . � � . � . � :. STAE�T FUiVp. 11,OD0.00 . � *SIGNALS AT WAL-MART - COUNTY � 40,000.00 ROAD 5 (EVP) STREEf FUND 1994 STREET RECONSTRUCTION PROJECT STREET FUND 500,000.00 *STINSON BOULEVARD UPGRADE STREET FUND (110,000.00) � *KERRY LANE REPLACEMENT STREET FUND (75,000.00) � *CONCRETE STREET REPAIR STREET FUND (250,000.00) *CENTRAL AVENUE BIKE PATH STREET FUND (65,000.00) (50,000 GRANT) *SIGNAL (EVP) IMPROVEMENTS STREET FUND 24,000.00 *UNIVERSITY AVENUE BIKE PATH STREEf FUND 60,000.00 (60,000 MATCHiNG GRANT) TOTAL PROJECT FOR Y��:x>'<?: 1995 1995 OVERLAY PROGRAM STREET FUND 1995 SFALCOAT PROGRAM STREEf FUND 1995 STREET RECONSTRUCTION PROJECT STREET FUND *SIGNAL (EVP) iMPROVEM�NTS STREET FUND TOTAL PROSECT FOR ;:��Rc:;::: 1996 E. R1VER RD. MEDIAN UPGRADE STREET FUND 1996 OVERLAY PROJECT STREET FUND 1996 SF�LCOAT PROGRAM STREET FUND 1996 STREET RECONSTRUCT PROGRAM STREET �UNO *SIGNAL (EVP� IMPROVEMENTS STREET FUND TOTAL PROJECT FOR * NEW PROJECTS 13C $1,244,000.00 90,000.00 140,000.00 500,000.00 36,000.00 $766,000.00 55,000.00 100,000.00 146,000.00 500,000.00 � '40,OOa.00 �841,000.00 -J � T �3�9 � 2 4 �D L E Y ' . . �: � 12 .�� ,' .�;�.. �.. �,;, ��. . , ...� � i!. .�.:'. Al�i�:�•:i..tl! �.:�A'.I��::.1: � �.:t l.:A'.':r):!: 1; i(� fl! I/(' i: (;rlll /11: ' . 'Gflln"!!I(ff(IRM.)�(:Al:;1WfCCUUN. - � . . • ' I 7Y I$ NOl�•FfSiYJIlSIP.IE !C)R AIJY IN� � , ' ' . - - � . .L ACCURACICS IlCRCItf 'CONlAITI(-0, . . . � � � 539/2 � � � � •� �•r "' �V �mCAKE , �, _--- S pRIN� '� '� NC�CON,vfA �r � \ SfC / ' iuN+� H-0AO 1JQ-}O$-Y '—�-� _ " „� ' ' Fd � o u>ti�'` : - - - - . - ,,� � N - Q 6� �iq �) �'i it �.Sr.:�c:i - ' : J.�_ , �_ ,� - --- ,^ ',�� ,�`4�c._ \�. '��. 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Flora,�Public Works Director DATE: July 25, 1994 SUBJECT: TCAAP Interconnect Pipe Line Project No. 248, Change Order No's 3 and 4 Change Order No. 3 was necessary. in ocder to mill and patch the streets that did not receive their final lift of asphalt last #all. The following streets were miHed and patched Prior to a 2-in. wear course being installed this spring: 1. 16th Street, New Brighton 2. 29th Avenue, New Brighton 3. 63rd Avenue, Fridley 4. 64th Avenue, Fridley In order to maintain the integrity of the first lift of asphalt which was installed the previous year, it was necessary to mi11 and patch the base co�arse of asphalt prior to their being overlaid. This remedial work enhanced the final product and had a cost increase of $5,000 on the total project. - Change Order No. 4 was required to restripe Gardena Avenue after the bituminous overlay was installed. The additional striping was not included in the original contract amount. The cost of the additional striping was $5,805. The City of Fridley has no cost associated with these change orders as the amount is covered by the U.S. Army's portion of the contract. Recommend Council approve Change Order No. 3 in the amount of $5,000 and Change Order No. 4 for $5,805 for the TCAAP Interconnection pipe line Project No. 248. JGF:cz 14 � � CHANGE ORDER (Instructions on reverse side) tio. 3 PROJEGT:. Fridley/New Brighton Inter- DATE:OF.ISSUANC�:, May 17, 1994 ' . cbnne.ctibn, TCAAP..Interco.�nection Pipelirae. • : �. � • . . . : � ' � : • OWNER: City �of � Fridley � . ' � � ': . � . (Name, ' 6431 IIniver5ity Avenue NE �• . OWNER's Project No. 2?6 • ' '� Address) Fridley, MN 55432 CONTRACTOR: Kznko,.�nc. . 1694 - 91st Avenue NE Minneapolis, MN 55449 CONTRACT FOR: Fridley/New Brighton Interconnection, TCAAP Interconnection Pipeline E�3GINEER: MSA, Consulting Eng�ne�rs . 1325 Energy Park Drive St. Paul, MN 55108-5202 ENGINEE�2's Project No. 685-004-30 You are directed to make the following changes in the Contract Documents. Description: Mill 12" to 16" wide in cracked/distressed areas and patch with fine bituminous mixture at $300/ton complete, es�imate SS,000 of work requzred. - � .. - Purpos.e �of Change Order: To properly. p�cepare the• existing bi.tumsnou�s pavement for' tl1e: '` overlay course. Attachments: {List documents supporting change) None CFiANGE IN CONTRACT PRICE: Original Contract Price $ 1 a25 081.22 Previous Change Orders No. 1 to No. 2 $ 52 260 93 Contract Price prior to this Change Order $ 1 487 342 15 Net Increase ','-':==-,� =: of this Change Order $ 5 000 00 Contract Price with all approved Change Orders $ 1 492 342 15 CHANGE IN CONTRACT TIME: Original Contract Time � Octobe� 25. _a93 days or date Net change fre:� crev;ous Change Orders days Contract Time Prior to this Change Order October 26 Z993 days or date Net Increase �.�T of this Change Order days Contract Time with all approved Change Orders October 30 1993 days or date RECOMMENDED: APPROVED: APPROVED: . , � � C�_ � � �� . a;� /`�,�✓'�'—L�- Dy n -<<i�°' /� MSA, Consulting Engineers Ci � of Fridley, NIDI {_:ilco, c. , EJCDC No_ 1910-8-B (1983 Edition) 14A CHANGE ORDER (Ins,tructions on reverse side) No. 4 PROJECT: Fridley/New Brighton Inter- DATE O� ISSUANCE: May 23, 1994 connection, TCAAP Interconnection Pipeline � _-� - OWNER: _ _ City of Fridley. � ' . ' � � • � ' (Name, . 6431 University Avenue NE OWNER's Project No. 248 •� � __ ' Address) Fridley, MN 55432 � . CONTRACTOR: Kenko, Inc. ENGINEER: MSA, Consulting Engineers 1694 - 91st 1�Yvenue NE 1326 Energy Park Drive - Minneapolis, MN 55449 St. Paul, MN 55108-5202 CONTRACT FOR: Fridley/New Brighton Znterconnection, TCAAP Interconnection ENGINEER's Project No_ 685-004-30 Pipeline You are directed to make the following changes in the Contract Documents. Description: Restripe Gardena Avenue after.bituminous overiay_ 4" Solid White, 1150 LF @$4.50 =$5,175.00 4" Skip Yellow, 140 Lr �$4.50 =$ 630.00 Purpose of.Change Order:. To restore pavement striping tape.. Attachments: (List documents supporting change) None CHANGE IN CONTRACT PRICE: CHANGE ZN CONTRACT TZME: Original Contract Price Original Contract Time $ 1.425.081.22 October 26, 1993 days or date Previous Change Orders No._� to No._� Net change frcm prev�ous Change Orders $ 67.260.93 --------- days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 1,492,342.15 October 30. 1993 days or date Net Increase '��r- of this Change Order Net Increase 'r��° of this Change Order $ S,eoS.00 0 days Contract Price with all approved Change Contract Time with all approved Change Orders Orders � $ 1.498,147.15 October 30. 1993 days or date RECOFIINENDED: APPROVED: 1�pPROVFD: � ' 1 ,' _ B � �2_ -�-��'L-�- b �� :C1c" �' - ✓ -C _� '� � �� Y MSA, Consulting Engineers City �6f Fridley, NLV :Cenko, c. EJCDC No. 1910-8-B (1983 Edition) � � c�,.ys-6R5 -ot>3 15 � � FOR CONCURRENCE BY THE CITY COUNCIL . July 25, 1994 � Position Mechanic Level A Non-Exempt f 6 Starting. Salarv $14.16 per hour APPOINTMENTB Starting Date Replaces Aug. 1, Ronald 19 9 4 Morten��on � 17 ' 18 — __ _ ---_ _ ------ —. __._ --__ - -- ,� � � _---- -- I��i FOR CONCURRENCE BY THE CITY COUNCIL UTY OF FRIDLEY ELECTRICAL . � Super Electric � 10100 Palm St NW Coon Rapids MN 55433 Jon Mc�rtenson United Defense � � 4800 East River Rd NE Fridley MN 55421 Randy Weimer GENERAL CONTRACTOR-COMMERCIAL Rainbow Cleaning & Restoration 900 53 Ave N Brooklyn Center MN 55430 Roger powell GENERAL CONTRACTOR-RESIDENTIAL All American Roofing/Remodeling (5160) 411297LnNE � � Blaine MN 55014 James Piensiak All Quality Construction (4256) 506 Polk St Anoka MN 55303 Richard Parker Allstar Construction Inc (3247) 3315 N Hwy lOp Minneapolis MN 55422 Ronnie Wekseth Bob & Sons Roofing (Pending) 4553 Xerxes Ave S Minneapolis MN 55410-1420 Robert Daniels Zins Joseph Contracting (20011501) 3163 203 Ave NE Columbia Heights MN 55011 Joseph Zins HEATING Narthwestern Service Inc 791 Hampden Ave St Paul MN 55114-1610 Frank Oslund United Defense 4800 East River Rd NE Fridley MN 55421 Randy Weimer : � LICENSES STATE OF MINN Same JOHN PALACIO Chief Bldg Ofcl STATE OF MINN Same Same Same Same JOHN PALACIO Chief Bldg Ofcl Same MO�ILE HOME INSTALLER Rite-Way Mobile Home Repair [nc 6521 Central Ave NE Fridley MN 55432 PLUMBING Do�le A C Plbg & Htg 853 N Da2e St St Paul MN 55103 United Defense 4800 F,ast River Rd NE Fridley MN 55421 ROOFING Datsin John A& Son Inc 2830 S 20 Ave Minneapoiis MN 55407 SIGN ERECTOR Sign Art Co Inc 2170 Dodd Rd Mendo#a Heights Universal Sign Co i033 Thomas Ave St Paul MN 55104 Scott t,und A C Doyle Randy Weimer Brian Bargsten Kevin Snyder Rick Palmateer WRECKING Ray Anderson & Sons Companies Inc 93U Duluth St St Paul MN 55106 Richard Orthmeyer .. STATC OF MINN STATE OF MINN Same JOHN PALACIO Chief Bldg Ofcl JOHN PALACIO Chief Bldg Ofci Same JOHN PALACIO Chief Bldg Ofcl 19