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08/15/1994 - 4926OFFICIAL CITY COIINCIL AGENDA COIINCIL MEETING AUGIIST 15, 1994 $; ' ciTVOr fR1DLfY FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Monday, August 15, 1994 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER r^ �. i� l `' �'i ✓1 � `C � > � � .� �� � � ` -y� � � � // J�I'� �G'l' �� � S �L� G��� L.� =� �J.L _ r ��/ ��'E' J c� = 1 v� � �> =%.�L� �, ir f�lJ t�M{I N �,�� s�-� �c 3� yN�� c� �� F�.,�bc �� ,, ,, . � ( ��o l f s �� � �� � �-�� FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 OLD BUSINESS: Page 2 Variance Request, VAR #94-11, by New Horizon Child Care, to Allow an Accessory Structure in the Front Yard in . Order to Aliow the Construction of a Play Area in the Front Yard, Generally Located at 1202 East Moore Lake Drive N.E. (Tabled August 1, 1994) . . . . . . . . . . . . . . . . . . . . . . . . 1 - 1 N NEW BUS{NESS: Presentation of the 1995 Preliminary Draft Budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2B �;. �; . _ Resolution Designating Polling Places and Appointing Election Judges for the- September 13, 1994, Statewide Primary Election .................................... ...r.. 3-3D First Reading of an Ordinance Approving a Rezoning Request, ZOA #94-02, by Forrest Harstad of Twin City Townhomes, to Rezone Property from R-1, Single Family Dwelling io R-3, General Multiple Family Dwelling, to Allow the Construction of 41 Townhomes, Generally Located at 971 Hillwind Road N.E. . . . . . . . . . . . . ................. 4-4N � -� ;:; ,, �,; :�.: �: ; � FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 Page 3 NEW BUSINESS (CONTiNUED): First Reading of an Ordinance Approving a Vacation Request, SAV #94-02, by Forrest Harstad of Twin City Townhomes, to Vacate a Portion of Property Generally � Located at 971 Hillwind Road N.E. . . . . . . . . . . . . . . . . . . . . . . 5 - 5C First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Rea( Estate to be � Surplus and Authorizing the Sale � Thereof (Twin City Townhomes) . . . . . . . : . . . . . . . . . . . . . . . 6 - 6B Plat Request, P.S. #94-04, by Forrest Harstad of Twin City Townhomes, to Replat Property Generally Located at - ,T 971 Hillwind Road N.E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7H , Receive an Item from the Appeals Commission Meeting of May 24, 1994: . . . . . . . . . . . . . . . . . 8 - 8S . A. Variance Request, VAR #94-02, by Forrest Harstad of Twin City Townhomes, to Reduce the Front Yard Setback from 35 Feet to 30 Feet in Order to Allow the Construction of Townhomes Generally Located at 971 Hillwind Road N.E. FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 NEW BUSINESS (CONTfNUED}: Page 4 Receive an ltem from the Planning Commission Meeting of August 10, 1994: . . . . . . . . . . . . . . . 9 - 9U A. Special Use Permit Request, SP #94-08, by Warren Paulson, to Allow the Expansion of a Motel in the R-3, General Multiple Family Dwelling District, Generally Located at 6881 Highway 65 N.E. Receive an ltem from the Appeals - Commission Meeting of July 12, 1994: . : . . . . . . . . . . . . . . . . . 10 - 10N A. Variance Request, VAR #94-13, by . Warren Paulson, to Reduce �the Front Yard Setback from 35 Feet to 10 Feet; to Reduce the Side : _ Corner Setback from 35 Feet to � 30.33 Feet; to Reduce the Rear �� � - .� F :�. Yard Setback from 40 Feet� to ���' 19.44 Feet; and to Reduce the Parking Setback from 20 Feet to 18 Feet, a{I to ANow the Expansion of a Motel, Generally Located <:� ; at 6881 Highway 65 N.E. Extension of a Variance Request, VAR #93-36; by United Stores, to Reduce the Front Yard Setback from 35 Feet to 0 Feet, and to Reduce the Hard Surface Setback from the Public _ Right-of-Way from 20 Feet to 10 Feet, alf to Alfow the Construction of an Addition Generally Located at 785 , _ 53rd Avenue N.E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11 D FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 Page 5 NEW BUSINESS (CONTINUED�. Resolution Renaming 59 1/2 Way N.E. to Island Park Drive N.E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12G Estabiish a Public Hearing for September 6, 1994, on Street Improvement Project - Main Street, Project No. ST. 1994 - 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13A Approve Joint Powers Agreement with �� �: .. Anoka County for the Upgrade of �torm }� � Sewer Along County State Highway No. 35 (Old Central Avenue) . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14D , Resolution Ordering Improvement and Advertisement for Bids for the Construction of the Osborne Road Sanitary Sewer Extension, Projeet No.249 ......................................... 15-15C FRIDLEY CITY COUNCiL MEETiNG OF AUGUST 15, 1994 Page 6 NEW BUSINESS (CONTINUED): Resolution Ordering lmprovement and Advertisement for Bids for the Washington Street Watermain Repair, Project No. 272 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 16C Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Claims ..............................•--......... 18 .I Licenses ........................................ 19-196 Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20G ADJOURN: • 5oth �.nniuersary William J. Nee Mayor f�idley, MN. of the �iberatiun of �nurmies �ay : - � September 2, 1994 „ .�Wd�I��r4S, id 's Sistex Cit ,_ out�w�ies, aKce su exed tRe ki o�.s N.ei K �� �� � �� g ��� oeeupatiok duxiKg tQe SecoKd �WoxP,d �Wcu; aKd �� ��- '�Wd�I��S, w�aKy citizeNs o{� �outu�ues sexu�ed :bxave.Q�,j iK tRe ukdexgkouKd kesistaKee� aKd , - ,� 9�J�(�12�,}1S,..witk tke assista�ce o� xesistaxee �-igRte�s.�l�exieaK.tx.00ps wRo �vexe pcakt o� tV►e _, ,, : :. ; , ` .-, .�4Q�ie.d��okees suCeee.ded' iK �ibexGttiKt� �ou�+ies oK Septe,w�bex 2; 1944� GiKd . . , , ,� �Wd�(�t2£�4S, t�is �ibexatioK .iKaugut�ated aK �uapke.cedeKted 50 :ye�cu pexiod..;o� pe�ACe �ko�. . . .. , �r. wak�a►�e; aKd rt> � � � . 9�l�1�t2�4s, tRe City o� �ou►ii;�ies is ee�,e.bxcttiKg tRis {�i{�tietR aKkittexsa�iy witQ app►�op�iate obsexuakees; �� .No�-w, Ta��t��ot2�; � r1�r�so�� tR� r, ��¢¢��J .J��, Mayok �tr tR� Gty o� �x�dee.�; Rexeby pxoeQ,atw� septew,bex 2, 1994. as :� �ourmi¢s �iberatinn �ay iK tRe (�''t� o�i �}xidQ,ey. , B� ��Ut2Td�l��2 t2�SOl�"Dt�at wetRepe,op@eo{��xidQ,e�,� K�k��t� by o� c�ty couK��� Cow1w�I�kiCClte oul� CoK(�AC1tuP.QtioxS to tRe CitizexS o� �owuKies a?.o�g wit� ouk best wisRes �ok u+�aky w�oKe t�e.�exatioks o{� peaCe., pkospexity; akd {�Ke.edo�. ���U�d�I�i21�SOL� t�at tRe��►���g S�ee b�. �¢�WK at t�.Mu����pae e�t� �oK a wee{2 CowuKexCikc� Septe.w�bex 2, 1994. . . �1(`l�%l�(�SS �Wd�1�12�0�, I Rave set w�y RaKd _ .- aKd eaused tRe seae o�- tRe 'C.�'ty o{� �xidQey to be a{�ixed tRis 15tR day o� .�9ugust;1994. WILLIAM 7. I�TEE, MAYOR THE MINUTES OF THE FRIDLEY CITY COIINCIL ML$TING OF AUGII3T 1, 1994 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 1, 1994 The Regular Meeting of the Fridley City Council was called to order at 7:43 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 Council- woman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, JULY 25, 1994: MoTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested that an item be added under licenses to waive the auction fee for Michael Servetus Unitarian Society. MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NATIONAL NIGHT OUT: Mayor Nee stated that he wished to remind everyone that tomorrow night is National Night Out. He urged citizens to attend the block parties being held in their neighborhoods. He stated that if anyone would like to know the location of the nearest block party, they should call the Police Department. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. FRIDLEY CITY COUNCIL MINUTE3 OF AUGUST 1, 1994 PAGE 2 OLD BUSINESS: l. ORDINANCE NO. 1034 AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, stated that this ordinance amending the City Charter mainly relates to how members of the council are elected. He stated that this is an extensive reorgan- ization of this chapter and clarifies a number of items. MOTION by Councilman Schneider to waive the second reading of Ordinance No. 1034, adopt it on second reading, and order publi- cation. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. RECONSIDERATION OF ACTION ON VARIANCE REQUEST, VAR #94-08, BY WAYNE DAHL. TO REDUCE THE SETBACK FROM THE TOP OF THE BLUFF LINE OVERLOOKING THE MISSISSIPPI RIVER FROM 40 FEET TO 1 5 FEET AND TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD ALL TO ALLOW THE CONSTRUCTION OF AN 8 FOOT BY 15 FOOT STORAGE SHED, GENERALLY LOCATED AT 177 HARTMAN CIRCLE N.E. �TABLED JULY 11, 1994): MOTION by Councilman Schneider to remove from the table the motion to deny VAR #94-08. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that the City was contacted today by Larry Hartman of the Environmental Quality staff. She stated that, apparently, they received a call and wanted information about the City's Critical Area Plan. She stated that staff researched the information for Mr. Hartman and confirmed that the City has adopted such a plan. Ms. Dacy stated that there is a question as to whether or not the council has the final authority on the variance to the bluff line. She stated that she has contacted the City Attorney on this ques- tion, and the reply was that the council does have the final authority to take action on the variance. Nis. Dacy stated that in researching the Environmental Quality Baard's rules, there was a section that the Environmental Quality Board has to be notified of any requests for a permit within the critical area. She stated that City staff was not aware of this requirement and, based on the advice of the City Attorney, they want to make sure all appropriate procedures are being followed. She stated that notice of this variance application should be sent to the Environmental Quality Board. Mr. Herrick, City Attorney, stated that the Environmental Quality Board's rules stated that notice should be given to them thirty FRIDLEY CITY COUNCIL MINUTE3 OF AIIGUST 1, 1994 PAGE 3 days before the council takes action. He stated that if notice is given in the next several days, the matter should be tabled to a meeting sometime after that thirty-day period. Councilman Schneider asked if the Council has the final authority on the variance request. Mr. Herrick stated that he did not find anything in the Environ- mental Quality Board's rules that they have any authority over the Council's decision to make zoning rules including variances. Councilman Schneider asked where the Environmental Quality Board fit into the bureaucracy with the Department of Natural Resources, the Metropolitan Council, and other agencies for review of these issues. Ms. Dacy stated that the Environmental Quality Board was part of the reviewing authority when the Council adopted the Critical Area Plan. Councilman Billings asked if it is the intent of Council to receive additional testimony prior to a vote on this variance request. Mayor Nee stated that is the intent. Councilman Billings asked that testimony be taken this evening so Council would have time to review any comments. Councilman Schneider stated that he did not have a problem with receiving testimony, but when this item is before the Council next month, people will want to restate their views again. He stated that the question is: Does the Council want to receive testimony at this time and then go through the process again? Councilwoman Jorgenson stated that there are people here this evening who wish to address the issue, but she felt they would be here again next month. MOTION by Councilman Schneider to table the motion to deny Variance Request, VAR #94-08 for approximately thirty days until the Council meeting on September 6, 1994, and direct staff to notify the appro- priate agencies. Seconded by Councilwoman Jorgenson. Councilwoman Bolkcom asked if the City would receive information from the Environmental Quality Board in thirty days. Ms. Dacy stated that the Er�vironmentaZ Quality Board is aware of this request, and she felt the City would receive a reply within the thirty-day period. Mr. Herrick stated that the letter to the Environmental Quality Board should indicate that Council intends to consider this.matter at the September 6, 1994 meeting. FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 4 Councilwoman Bolkcom stated that regardless of the response from the Environmental Quality Board, the Council's decision would take precedent. Mr. Herrick stated that in his research all he found was that the Environmental Quality Board has to be notified. He stated that if the Environmental Quality Board takes the position that they have the authority to prevent the Council from granting a variance, this would become clear before the September 6 meeting, and we would deal with the situation if it arises. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Mayor Nee, Councilman Schneider and Councilwoman Jorgenson voted in favor of the motion. Councilwoman Bolkcom and Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. Mayor Nee stated that he wished this issue could have been resolved this evening. Councilwoman Bolkcom stated that if persons cannot attend the September 6 meeting, they could submit a letter that would be entered into the record. A gentleman from the audience questioned why the residents could not give testimony. Mayor Nee stated that the Council could listen to their comments, but the issue could not be settled this evening. This gentleman stated that there is no sense in speaking if no action can be taken. Councilman Schneider stated that was his thought, and he knows that everyone will want to make their case at the September 6 meeting. A lady in the audience stated that she was of the opinion that this variance was already rejected. Councilman 5chneider stated that when this item was originally before the Council it was about three in the morning, and there is a procedure under Robert's Rules of order that a vote can be reconsidered at the next regularly scheduled meeting. He stated that he originally voted against the variance, but at the following meeting he made a motion to reconsider. He stated that motion was voted on by the Council and carried by a 3 to 2 vote. He stated that the Environmental Quality Board has to be notified of this request, and the Council cannot take action this evening. Councilwoman Bolkcom stated that everyone who was notified of this meeting will again be notified of the September 6 meeting. FRIDLEY CITY COIINCIL MINOTES OF AUGUST 1, 1994 PAGE 5 Mr. Yorston, 161 Hartman Circle, stated that Mr. Dahl has the largest lot on Hartman Circle and numerous space to build without a variance. He questioned if the Council could make better use of the taxpayer's money on more important issues rather than going over this same issue three times. He stated that he respects Mr. Dahl's right to request a variance, but questioned how many times. Mayor Nee stated that the Council is obeying the law to submit this request to the Environmental Quality Board. Ms. Suzanne Miskowic, 153 Hartman Circle, asked mental Quality Board was not contacted thirty days that she lives next door to a man who ignores the regulations and who intimidates people if he does She stated that the neighborhood is first class, is making it less than average. why the Environ- ago. She stated City's ru�es and not get his way. and the Council Councilman Billings stated that Mr. Dahl has the right to apply for a variance. He stated that several weeks ago, the Council voted to deny this variance request, and the Council has now voted to reconsider. He stated that Mr. DahZ has not re-applied for the variance, and the Council tabled the item to this meeting in order to notify the neighbors. Councilman Billings stated that the majority of the items the Council considers are related to land use such as variances, zoning, and special use permits. He stated that it is very important that the Council make reasonable and intelligent deci- sions regarding variances, as they can have significant implica- tions. He stated that no matter how many times an issue has to come before the Council before a final decision is made, it has to be done. He stated that two members of the Gouncil have consis- tently voted to deny or table this request, and the other three members want to make sure they make the correct decision. He felt that it was only fair to have them address all these facts in'order to make a correct decision. Councilman Billings pointed out that the Council voted to table this item and discussion is still proceeding. Mr. Yorston stated that the Council voted to deny the variance. He then asked what convinced them to reconsider. Councilman Billings stated that one of the members who voted on the prevailing side made a motion to reconsider. He stated that Robert's Rules of Order states this is undebatable. He stated that the Council is at the same point now that they were when this item was first before the Council on June 20. Mayor Nee stated that he apologizes for the problem, but it is something that is unavoidable since the Council did not know about it until about an hour ago. He asked that persons in attendance FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 6 make sure that their name is on the sign-in sheet so they are notified when this item is before the Council. Councilman Schneider stated that this is an important issue, and it would be nice if the petitioner and the neighbors could come up with a compromise and not spend several hours calling each other names. He stated that it seems there should be a way to resolve this issue so it is a winning situation for everyone. Mr. Hayford, 173 Hartman Circle, stated that he has called no one in the neighborhood names and neither has his wife. He stated that there are no problems in the neighborhood. Councilman Schneider stated that when people pound stakes in other people's driveways, and when he receives calls about things that have happened in the past, there is a neighborhood war going on. NEW BUSINESS• 3. RECEIVE ITEMS FORM THE APPEALS COMMISSION MEETING OF JULY 12 1994- A. VARIANCE REQUEST, VAR #94-11, BY NEW HORIZON CHILD CARE, TO ' ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD IN ORDER TO ALLOW THE CONSTRUCTION OF A PLAY AREA IN THE FRONT YARD, GENERALLY LOCATED AT 1202 EAST MOORE LAKE DRIVE N.E.: Ms. Dacy, Community Development Director, stated that 'this is a request for a variance to allow the construction of a play area in the front yard. She stated that New Horizon Child Care is propo- sing to locate in the westerly tenant space of the Moore Lake Commons Shopping Center and to construct a crosswalk across the driveway to a playground area located at the intersection of East Moore Lake Drive at the entrance into the shopping center. She stated that the petitioner is hoping to have a day care for approx- imately 116 children. She stated that they are proposing to have no more than twenty children within the play area at certain times of the day. Ms. Dacy stated that since the Appeals Commission meeting, the petitioner has amended the site plan to show the proper vision safety zone. She stated that the playground will have a retaining wall near East Moore Lake Drive along the west edge of the play area, and it would be enclosed by a chain link fence. Ms. Dacy stated that the purpose of the front yard setback is to provide adequate separation between road rights-of-way and the use occurring on the lot; provide an area for landscaping and scree- ning; avoid the appearance of clutter in the front of the principal building; and to provide adequate lines of sight for traffic and visibility of the use. FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 7 Ms. Dacy stated that staff visited a site operated by the peti- tioner in Brooklyn Park. She stated that the facility is in a multi-tenant building, but it did not have a crosswalk to the play area. Ms. Dacy stated that staff has prepared a video of other day care centers in the metropolitan area. Mr. Hickok, Planning Coordinator, presented the video showing the Creative Play Learning Center in White Bear Lake, Especially for Children in Lexington, and Kids Kreative Kare in Circle Pines. He noted that at the Circle Pines center, there was a crosswalk from the building to the play area. He stated that these sites are not operated by New Horizon, but there are issues that relate to this site, and he wanted to show how a detached play area could work for a day care facility. Ms. Dacy stated that the Appeals Commission's action resulted in a tie vote, and some of the concerns were the location of the accessory structure at a major traffic conflict point. She stated that on the other hand, some of the Commission members felt the location of the playground was appropriate and could be handled adequately. She stated that there have not been any other variances granted in the City for accessory structures in the front yard. She stated that because of the unusual location, staff recommended denial of this request. Although there are no specific traffic statistics, the concern is that it is contrary to the intent of the code because it is located in a front yard area and at a major tra�fic conflict point. She stated that traffic will continue to increase as the shopping center develops. Ms. Dacy stated that if Council decides to approve this variance request, staff is recommending four stipulations which she outlined. Councilwoman Bolkcom asked if there were any other areas where the playground could be located. Ms. Dacy stated that when the architect originally contacted the City, two options were discussed with one being the area imme- diately west of the overhang of the building and the other was removing some of the parking and utilizing the tenant space. She stated that the response was that they felt the first option was not viable because there was not sufficient space and that the other option was not workable. She stated that another option was to locate the facility in the southeast corner of the shopping area. However, the petitioner did not want to occupy potential parking spaces for the offices. Councilman Schneider felt that a day care center is a good use of the building, however, he did not want some tragedy to occur by locating the playground area in the front of the building accessed by the crosswalk. FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 8 Councilwoman Jorgenson stated that the day care center in Lexington was formerly an elementary school, and there is very little traffic from that site. She stated that the site in Circle Pines is adja- cent to a Lutheran Church and has very little traffic compared to this site. She stated that anyone using the Northwest Racquet Club facilities will come into this location. Councilman Schneider stated that if some of the asphalt was removed it would reduce the parking spaces. Ms. Dacy stated that the day care use is different because people just drop-off and pickup children, so there may be some trade-off in the parking. Councilwoman Bolkcom asked if the Racquet Club patrons use this area for parking. � Mr. Burns, City Manager, stated that the patrons use the area primarily behind the shopping center rather than in front. Mr. Dennis Unruh, the owner of the building; stated that the shopping center has a history of not having full occupancy. He believes that New Horizon would provide a need for the area, and felt it would be good for the shopping center. He stated that the patrons of the health club have been parking in the area in front, and he also feels that they do not have extra parking spaces. He stated that Council's favorable consideration of this variance would be appreciated, as they are attempting to increase the occupancy in the center. Mr. Blumentals, architect for the petitioner, stated that he felt the points of concern, which are the safety of the children, auto- mobile traffic, and visual problems, have been addressed. He stated that New Horizon has over twenty years of experience in child care and has handled this type of situation in the past. He stated that this is not a typical accessory use because this is the first time someone has asked for a playground to be located in the front yard. Mr. Blumentals stated that in regard to the other options, one area is too narrow to meet the requirements for the playground equip- ment, and it would be very expensive to revamp the parking. He stated that the parking in the southeast corner is really needed for office parking when the offices are full. He stated that New Horizon is proud of their playgrounds and want to locate them where they are visible. Councilman Schneider asked why the playground could not be located immediately to the north of the building. Mr. Blumentals stated that it would take more than just the parking spaces next to the building, and parking spaces in the next aisle FRIDLE� CITY COIINCIL MINiJTBS OF AIIGII3T 1 1994 PAGE 9 would have to be eliminated, as the playground is 55 feet by 80 feet. Ms. Dacy stated that eleven parking stalls would be eliminated. Mr. Flora, Public Works Director, stated that this would disrupt the internal traffic flow for the shopping center. Mr. Burns, City Manager, asked if it would be possible to extend the curb in order to provide additional parking. Ms. Dacy stated that this would be possible. Mr. Blumentals stated that they have reviewed this possibility, but it severely disrupts the other space in the center that is not yet occupied. Ms. Sharon Bergen, representing New Horizon Child Care Center, stated that New Horizon has an interest in locating in this shopping center because of the great need for child care in the area. She stated that many of the child care centers in Fridley are quite full, and there is a demand for these services in the area. Ms. Bergen stated that New Horizon felt the playground met�their needs and the needs of the children. She stated that they have playgrounds located in Burnsville, Brooklyn Park, and Brooklyn Center which have similar situations. She stated that.they have had no injuries or accidents, and their staff is highly trained to follow impeccable safety standards in addition to using stop signs and wearing safety vests. She stated that New Horizon takes on a huge liability when they open a child care center. She felt that if they could not safely execute this type of crossing, they would not be interested in locating at this site. She said that the State of Minnesota Department of Health and Human Services permit this type of crossing. Minnesota is one of the three most difficult areas in which to obtain a license. Councilwoman Jorgenson asked if the Department of Health and Human Services, Child Care Licensing Division, looked at this play area. Ms. Bergen stated that they cannot go to the Department of Health and Human Services until they have approval from the Council. She stated that they do not anticipate any type of problem, and she felt that Ms. Barb Eggeman from this agency would be happy to comment on this type of crossing. Councilwoman Jorgenson asked what the procedure is if it was necessary for a child to leave the playground area.. Ms. Bergen stated that a child cannot leave the playground area alone and would be escorted by one of their staff. She stated that regulations allow one person to stay with a group and the other FRIDLEY CITY COIINCIL MINUTES OF AIIGUST 1, 1994 PAGE 10 person to escort a child back to the facility, if necessary, because they are in an enclosed area. She stated that they have state mandated ratios on the number of children to the number of staff. Councilwoman Jorgenson stated that she has worked on child care legislation for Minnesota, and she operated a day care center. She stated that she is extremely concerned about crossing children at this area. Mayor Nee asked if this was a state requirement to provide outdoor space. Ms. Bergen stated that this is required by the. state. Councilman Schneider feels that this is a good use, but he would like to explore other options to avoid the crossing. . Councilman Billings stated that he was excited about the .possi- bility of this facility in Fridley, as he feels there is a need.. He stated that he also has a concern about the crosswalk, but he does not know what options have been reviewed.in depth. He stated that he has prepared a sketch and,.basically, it would locate the play area immediately adjacent to the building and realign the driveway. He stated that this would result in no loss of parking spaces. He stated that he.has no problem.with the play area in the front yard. He does not like a detached play area and was con- cerned about the safety issue and the visual aspect of.having the detached playground, as several thousands of dollars have been spent for landscaping. Councilman Billings stated that he realizes this particular configuration probably would result in additional costs, but he would like the architect, petitioner, and building owner to explore other possibilities that may work. Mr. Blumentals stated that he has not considered this type of situation proposed by Councilman Billings. He stated that an attached play area is better than a detached playground, but the movement would have to be considered. He stated that an attached play area would have to go more west because they do not want to remove the canopy. He stated that it would be quite extensive remodeling and he did not know if they could afford it. Councilman Billings stated that he felt a lot more could be done in this particular location to attach the playground area. Councilman Schneider st�ted that he would like to have the petitioner address other alternatives in order to attach the play area. He stated that he feels there is a need for this type of facility, a need for a ten,ant for the shopping center, and there should be a way to work it out. Mr. Unruh he stated that they have seriously looked at other alternatives. He stated that some of the suggestions probably � FRIDLEY CITY COONCIL MINOTES OF AOGUST 1, 1994 PAGE 11 could work, but it causes concerns in other areas such as traffic flow, visibility, and rental of other space. He stated that he would prefer an attached playground facility, but he�did not feel the options were viable. Councilman Schneider stated that there is a concern with the de- tached play area, and he felt it would be beneficial for New Horizon if the playground is near their facility. He stated that he would like for the petitioner to review other options to attach the play area to the facility. He asked that the architect, peti- tioner, and the shopping center owner work with staff on this issue. MOTION by Councilman Schneider to table this item to the August 15, 1994 Council meeting. Seco�ded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . B. VARIANCE REQUEST. VAR #94-12, BY JOAN KLOCKERS, TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 7.4 FEET TO ALLOW THE EXPANSION OF AN EXISTTNG TI�REE-SEASON PORCH, AND TO REDUCE THE SIDE YARD SETBACK FROM 3.2 FEET TO 2.2 FEET TO ALI;OW THE EXPANSION OF AN EXISTING GARAGE. GENERALLY LOCATED AT. 6830 WASHINGTON STREET N.E.: Ms. Dacy, Community Development Director, stated that this. is a request for two variances, one is to expand a garage;to within 2.2 feet of the south lot line, and the other is to expand an existing three-season porch to the south which would reduce the setback from 9.4 feet to 7.4 feet. Ms. Dacy stated that because there was no neighborhood objection, the Appeals Commission voted unanimously to approve the variance for the side yard setback from 3.2 feet to 2.2 feet to allow expansion of an existing garage, but the variance to expand the three-season porch resulted in a ti-e vote by the Appeals Commission. Councilman Billings asked the petitioners if they had considered closing in the area across the back of�the.home, and if onZy adding a two foot expansion was worth the cost. Mr. Klockers, the petitioner, stated that if the three-season porch was expanded across the back of the home, it would make for a very misshapen porch. He stated that as far as adding only two feet, they felt it was worth the cost. He stated that the existing porch is 10-1/2 feet by 11-1/2 feet, and by adding the additional two feet it would not change the roof line. Mr. Klockers stated that there is an ornamental block wall on the south of the property line that separates his property from the FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 12 neighbor's. He stated that this.wall is 5 feet 4 inches in height on his property. Due to the change in elevation, it is 5 feet 9 inches on the neighbor's side. He stated that this wall effec- tively screens the properties. He stated that his neighbor to the south has submitted a letter that he has no objection to these variances. Mr. Klockers stated that there is about 27 feet of space between his porch and the neighbor's living area to the south. Mr. Klockers stated that in 1987, they added a six foot addition to the other end of their home and that this expansion is part of a larger plan which includes remodeling of the kitchen and two bedrooms. .He stated that they seriously considered moving but decided to remodel. For the Council to deny what they ma� consider a small part of their plan that is.really a great part to them would be a hardship. Mr. Klockers stated that with the remodeling, they are creating a more attractive and valuable home in the City resulting in higher real estate taxes due to the improvements. He asked that the Council cast a favorable vote to approve the variances. MOTION by Councilman Billings to grant Variance Request, VAR #94-12, with th� following stipulat�ons: (1) that the gutters be reinstailed on the south side of the garage; and (2) that the siding on the three-season porch and garaqe match the siding on the home. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE THE BIDS FOR THE COMMO.NS PARK SHELTER, PROJECT NO. 267: Mr. Flora, Public Works Director, stated that three bids were received for the Commons Park Shelter, and the low bidder was Karlen Construction for a base bid of $87,444.00. He stated that four alternates were included in this bid, as follows: Alternate 1 was for installation of water and sewer service; Alternate 2 was for installation of a metal roof with metal facia; Alternate 3 was for installation of ceramic tile in the men's and women's rest- rooms; and Alternate 4 was for installation of electric hand dryers and appurtenances. He stated it is recommended that Alternates 1, 3 and 4 be awarded for a•total bid of $103,919.00. He stated that the amount budgeted for this project was $120,00. MOTION by Councilwoman Jorgenson to receive the following bids for the Commons Park Shelter, Project No. 267: Bidder Karlen Const. 901 125th Ave. Mpls., MN Total Alt. Alt. Alt. Alt. Bid No. 1 No. 2 No. 3 No. 4 $ 87,444 $11,900 $24,900 $4,175 $400 FRIDLEY CITY COIINCIL MINiJTEB OF AUGIIST 1 1994 Thor Const. � 5400 Main St. Mp1s., MN $134,969 $14,040 $37,872 $3,912 Jorol, Inc. 20692 Holyoke • Lakeville, MN $156,240 $19,000 $ 6,000 $8,380 PAGE 13 $1,410 NB Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for the Commons Park Shelter, Project No. 267, to�the low bidder, Karlen Construction in the amount of $87,444 plus $11,900 for Alternate No. 1; $4,175 for Alternate No. 3; and $400 for Alternate No..4 or a total bid.of $103,919. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION APPROVING PLANS AND RE UESTING ANOKA COUNTY TO PROCEED WITH IMPROVEMENTS ON MAIN STREET FROM 44TH AVENUE TO I-694. STREET IMPROVEMENT PROJECT NO. ST. 1994-8: Mr. Flora, Public Works Director, stated that Anoka County.prepared plans and specifications for the improvement of Main Street between 44th Avenue and I-694 and are ready to award the contract to Palda & Sons of St. Paul. He stated that in order for the County to proceed, the City has to approve the plans and specifications. He.stated that the State Aid Office is currently reviewing the storm water plans to determine the cost participation between the County and the cities of Fridley and Columbia Heights. Councilwoman Jorgenson stated that the project is over what was estimated. She asked if the City knows exactly what the project will cost. � Mr. Flora stated that it is known what the costs for the asphalt and concrete are, but there are no fix�m figures for the storm water portion yet. Councilwoman Jorgenson felt that she could not approve the plans and specifications without knowing the costs. Mr. Flora stated that at the time the Joint Powers Agreement is received, the City will have firm figures on the costs to determine what would be assessed. � Mr. Herrick, City Attorney, stated that if this resolution is adopted this evening, the bid is awarded, and there is a dispute on the distribution of the costs, he questioned how it would be resolved. FRIDLEY CITY COIINCIL MINIITES OF AIIGIIST 1, 1994 PAGE 14 Mr. Flora stated that these issues would be resolved during nego- tiations of the Joint Powers Agreement. He stated that the County is interested in starting the project and, therefore, is asking for plan approval. Councilwoman Bolkcom asked how long it would be before the City receives these figures. Mr. Flora stated that they would probably be available in about another month. Councilwoman Bolkcom asked if they would be jeopardizing the project if the Council did not adopt the resolution. Mr. Flora stated that is what the County is claiming. He stated that it is hoped that during the State's review of the storm water plans the City's cost would be reduced. Councilwoman Jorgenson asked the maximum City cost for the storm water plan the Gounty has submitted. Mr. Flora stated that the maximum cost� for the storm water plan the. County submitted was $119,329. It was originally anticipated the entire project would be $110,000. He stated that the original plan was to run the storm water over the surface of Main Street; but the plan now calls for a 42 inch pipe. Mr. Herrick stated that he is concerned about the procedure if the City proposes to assess part of this project. He felt that the residents would need to be notified prior to awarding the contract. otherwise the City could not assess. Mr. Flora stated that this has not always been done in the past with a County project. He stated that, typicaTly, the City approves the County project and then goes through the assessing process. Mr. Herrick stated that the procedure is for two public hearings, one when the project is approved and another when it is completed and assessed. Mayor Nee felt that the City was not ready at this time to proceed with this resolution. Mr. Flora stated that he would suggest this item be tabled until the approval ; the Joint Powers Agreement can be worked out with the County, and public hearings for the assessment scheduled. MOTION by Councilwoman Bolkcom to table this resolution until the City receives the Joint Powers Agreement so the costs are known and public hearings can be held. Seconded by Council�oman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MINUTES OF AUGIIST 1. 1994 PAGE 15 6. RESOLUTION NO. 62-1994 AMENDING THE REPAYMENT SCHEDULE OF A LOAN TO THE FRIDLEY HISTORICAL SOCIETY: Mr. Hunt, Assistant to the City Manager, stated that in 1989, the Council loaned $7,000 to the Fridley Historical Society with the understanding it would be paid back in ten equal payments starting in July, 1991. He stated that in 1991, the Historical Society asked for forgiveness of the loan, and the Council deferred the loan for a year. He stated that in 1992 the Historical Society paid $700, and in 1993 the Council deferred payment again for another year. He stated that the Historical Society has asked forgiveness of the $700 payment due July 19, 1994. He stated that the Council has expressed interest in rescheduling the payments and adoption of this resolution would amend the repayment schedule. MOTION by Councilman Billings: to adopt Resolution No. 6,2-.1994.. Seconded by Councilwoman Jorgenson. Upon a voice vo.te, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 63-1994 DESIGNATING MINIMUM FUND BALANCES FOR THE GENERAL FUND SPECIAL REVENUE FUNDS AND THE CAPITAL IMPROVEMENT FUND: ' Mr. Pribyl, Finance Director, stated that this resolution amends the designations af fund balances in the General Fund and formally adopts designations in the Special.Revenue Funds and the Capital Improvement Fund. He stated that in 1991, the Council approved four designations, and two will be .changed and others will be established. ' Mr. Pribyl stated that the first change is in working capital for the General Fund. It increases the amount designated for working capital from fifty percent to sixty percent. He stated that this increase is needed to better reflect the City's needs for the first six months of the year. He stated that the designation.for re- placement of fixed assets was increased from five percent to ten percent to better reflect the useful lives of the equipment acquired with General Fund revenues. Mr. Pribyl stated that the.designations in the Special Revenue Funds identify the future uses of fund balance. He stated that - each fund's purpose determines its designation. He stated that the Capital Improvement Fund has three designations corresponding to the three non-utility portions of the Five Year Capita� Improvement Plan. MOTION by Councilman Billings to adopt Resolution No. 63-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all.voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MINIITES OF AUGUST 1, 1994 PAGE 16 8. RESOLUTION NO. 64-1994.ESTABLISHING THE INFORMATION SYSTEMS INTERNAL SERVICE FUND AUTHORIZING A CASH TRANSFER TO THIS FUND AND TRANSFERRING THE OUTSTANDING SPECIAL ASSESSMENTS FROM THE 1982 IMPROVEMENT BOND FUND AND THE 1986 CROSSOVER BOND FUND TO THE CLOSED DEBT SERVICE FUND: Mr. Pribyl, Finance Director, stated that earlier this year the City retired two debt issues. He stated that since these bonds are now retired, the Council can re-appropriate the excess. He stated that in discussions with the Council, the cash remaining from the bonds was identified as the initial funding source for the com- puters and software the City will be purchasing. He stated that the remaining assessments that relate to the two retired bond funds would then be collected within the City's closed bond fund. MOTION by Councilwoman Bolkcom to adopt Resolution No. 64�-1994. Seconded by.Councilwoman Jorgenson. Upon a voice vote, all vb�ing aye, Mayor Nee declared the motion carried unanimously.. 9.. INFORMAL STATUS REPORTS:� � Mr. Burns, City Manager, stated that there were no informal status. reports; however, he identified a number of items to be discussed informally in the regularly scheduled public conference meeting following the regular meeting. 10. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 56882 through 57055. Seconded by Councilman Schneider. Upon a. voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. LICENSES' MOTION by Councilwoman Bolkcom to approve the licenses as submitted and as on file in the License Clerk's Office, with the exception. of the license ,for Michael Servetus Unitarian Society. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF WAIVING THE AUCTION LICENSE FEE FOR MICHAEL ,, SERVETUS UNITARIAN SOCIETY FOR THEIR ANNUAL LABOR DAY AUCTION AS RE4UESTED IN THEIR LETTER OF JUNE 27, 1994: MOTION by Councilwoman Jorgenson to receive the letter fro�n Michael Servetus Unitarian Society of June 27, 1994. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to approve the license for Michael Servetus Unitarian Society for their auction and waive the .fee. FRIDLEY CITY COIINCIL MINUTES OF AIIGQST 1, 1994 PAGE 17 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Lunda Construction Company P. O. Box 228 Little Chute, WI 54140 Locke Lake Dam Restoration Project No. 211 Estimate No. 2 . . . . . . . . . . . . . . . $18,387.82 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. S�conded� by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.and the.Regular Meeting of the Fridley City Council of August l, 1994 adjourned at 9:52 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council William J. Nee Mayor r � � � Community Development Department PLA►��TNING DIVISION City of Fridley DATE: August 11, 1994 TO: William Burns, City Manager �� . FROM: SUBJECT: Barbara Dacy, Community�Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planninq Assistant Variance Request, VAR #94-i1, by New Horizon Child Care; 1202 East Moore Lake Drive N.E. The City Council tabled the variance request at its 1s,ugust 1, 1994 meeting to allow the petitioner time to investigate relocating the proposed outdoor play.area adjacent to the west end of the building, next to the tenant space. The petitioner submitted the attached revised-site plan which shows the existing curbing along the street removed, the driveway relocated, and an expanded play area immediately west of the tenant space. Based on the-revised.<site-plan submitted by:the petitio,l1er, staff recommends°that"the'City Council approve�.the:`variance��`equest, VAR #94-11, to allow an accessory use in the front yard with the following stipulations:. 1. The petitioner shall relocate and replant the existing evergreen trees in the front yard•,setback, and replace the concrete curb around the setback area. � s 2. 3. 4. MM/dn If the tenant abandons the tenant space, the play structure and the hard play surface shall be removed and replaced with sod. The petitioner shall contact the Public Works Department and review �he proposed construction methods around the fire hydrant and over the storm sewer line. Reinstall the stop sign in the front yard sethack area. M-94-439 � � � � VAR ��94— 1 1 _. ..__ . t . �� r-,.. s Revised Plan � � �U��,}���(/ PACJECT DATEQ p 9F1EET ool��Q V � �� i ` rJ�ir'�0`��"'�fl� M�R� l..�K.���a 2.J� 5P1,2 �t�ifJl-fc»Y� M i�A A e l �1 STAFF REP� RT Community Development Department Appeals Commission Date = Planning Commission Date City Council Date : August APPLICATION NIIMBER: ♦ VAR #94-11 PETITIONER' ♦ New Horizon Child Care LOCATION• July 12, 1994 1, 1994 , August �5, 1994 ♦ 1202 East Moore Lake Drive, the westerly tenant space of the East Moore Lake Shopping Center. REOIIEST• ♦ To allow construction af an accessory structure (play equipment) and an accessory use (playground) in the front yard. . ANALYSIS • . - ;�, . _ ♦ Section 205.04.05.8 of the Fridley City Code requires that accessory buildings and structures shall be permitted in the rear and side yards only. Public purpose served by this requirement is to preserve front yard areas for (1) adequate separation b�etween road rights-of-way and the use/activity occurring on the lot; (2) area for �landscaping and screening; (3) avoid the appearance of clutter in the front of the principal building; and (4) adequate lines of sight for traffic and visibility of the use. The petitioner proposes to locate a child care facility to serve 116 children in the westerly tenant space of the East Moore Lake Shopping Center. The child care. center will employ 20 persons. As an accessory use to a child care center, an outdoor play area is proposed to be located in the green .space across the driveway from the tenant space. The play area will be located north of the main driveway which serves both the shopping center and the iiealth Club to the south. = � � Staff Report VAR #94-11, 1202 East Moore Lake Drive, New Horizon Day Care Page 2 A three foot retaining wall is proposed to be constructed along the curb line of the driveway and adjacent to the eight foot bituminous bikeway/walkway. As proposed, the retaining wall would encroach into the vision safety zone defined by the Zoning Code. Twenty-five feet of clear space must be maintained from the intersection of the driveway with the property line. The retaining wall should be "cut" at a 45 degree angle to allow drivers exiting the driveway to see oncoming westbound traffic on East Moore Lake Drive. A four foot fence will be constructed on top of the retaining wall to enclose the play area. Bi.tuminous and rubberized material will be used to cover a portion of the play area. The remaining play area will be sod. Play equipment will be installed in the play area. The play area will be located over an existing storm sewer line. In addition, three trees located in this green space will need to be relocated, and five feet of clear sp�ce around an existing fire hydrant will need to be maintained. No variances to allow accessory structures in the front yard have been requested or granted previously for commercial and industrial properties. The C•ity Council denied one residential request to allow an accessory structure in the front yard. The proposed child care use is permitted a permitted use in the C-3, General Shopping Center District. Play areas are commonly associated with child care facilities. The public purpose served by requiring aceessory structures and uses in the side or rear yards is to preserve a safe separation between traffic on the abutting street and the activity on the property, to avoid a cluttered appearance, to provide areas for adequate landscaping, and to provide adequate lines of sight. Location of the playground at the subject location is contrary to the intent of the code. �The play area will be located adjacent to a main driveway serving both the shopping center and the Health Club. Children must cross a driveway to access the play area. While traffic levels are not high at this time, the center is not fully occupied. Traffic will increase as more tenants occupy the shopping center. The Health Club patrons do not use the shopping center lot for parking, but they do use the services provided by the businesses in the center. This will add to the traffic using the driveway between the center and the proposed play area. 1C [. � Staff Report VAR #94-i1, 1202 East Moore Lake Drive, New Horizon Day Care Page 3 The petitioner has submitted documentation regarding potential measures to address the traffic conflicts. The children will be closely supervised by two adults, a crosswalk will be clearly marked on the pavement, and signage will be installed alerting drivers to the presence of children. In addition, the play area will not be utilized during periods where high traffic levels are anticipated. This would be during drop-off and pick-up times. The play area will include play structures which will be brightly colored typically in primary colors, red,.yellow, and blue. At this time, staff does not have information regarding the height of the equipment. The proposed fence will be vinyl-clad chain link fence. The use of the area for a play area will remove potential snow storage space.for the parking lot. Staff visited another of the petitioner's child care facilities located in Brooklyn Park at 85th and Noble. The facility is located in a multi-tenant building. The play area is located at the west end of the building, directly adjacent to the.structure. There.is no separation of the play area from the structure by a driveway or other means. There are no traffic conflicts at the Brooklyn Park�..site. . There are no other areas on the site for a�play area except for the area immediately west of the building where a landscaped.area now exists. While the petitioner has identified ways to address traffic concerns, the proposed location is not the safest location for this type of activity in comparison to free standing day care sites or the Brooklyn Park example. RECOMMENDATION/STIPIILATIONS: ♦ Staff recommends that the Appeals Commission reconanaend denial of the request to the City Council. The request is contrary`to the spirit and intent of the Zoning Code and is beyond the previous approvals. If the Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations: 1. The property owner shall execute and record against the property a hold harmless agreement indemnifying the City from liability should repairs occur to the storm sewer under the play area. 1D , � �. Staff Report VAR #94-11, 1202 East Moore Lake Drive, New Horizon Day Care Page 4 2. The retaining wall shall be redesigned to aliow for vision safety in conformance with the ordinance. 3. The petitioner shall submit a retaining wall plan prior to construction of the wall. 4. Five feet of clear area surrounding the fire hydrant shall be maintained at all times. APPEALS COMMISSION ACTION The motion to approve the variance request with the recommended . stipulations resulted in a tie vote. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council deny the variance request. 1E �J � Fridley Locatioa � � NEW HORIZON CHILD CARE PARIaNG LOT CROSSING PROCEDURE PLAN OF ACTION New Horizon Child Care has selected this location in Fridley because it represents an excellent match between community needs and our ne.eds as a service provider. Anoka County Child Care Resvwce and Referral tells us that there is an unmet need for cbild care services in the Fridley area. Many child care centers in the area are operating at capacity and continue to turn away customers in need of child care services. As Fridley and the surrounding areas are growing communities, ttus unmet demand for child care seivices is likely to continue into the future. This particular location in Fridley also offers New Horizon the opporlunity to be visible in the community. The mall location provides easy access for pa.rents and the convenience of being located near other businesses fhey will patronize. New Horizon Child Care plans to provide child care for 116 children in our Fridley location This service allows parents to keep their children close to home and . encourages them to continue to do business in Fridley raxher than an adjacent community. Crossing Area Signs The crossing area will be clearly marked with a painted cross walk. In addition, signs will be posted reading "Slow - Children At Play" to alert any drivers to the possibility of children in the area. Supervision By Staff All children crossing the parl4ing lot to the playground will be accompanied by adult staff members. The number of ad�alts will be appropriate to the number and ages of children in their care. R.atios of adults to children are set by the Ivfinnesota Department of Human - Services. For e�mple, fifteen preschool children, ages three years to five years would be supervised by two adult staff members because the ratio of care for children this age is 1:10. At this time we anticipate that the playground area would be utilized by no more than twenty children at one time. . ts� 2t ��-> > � � 3650 Annapolis Lane North Plymouth, Minnesota 55447 New Hwizo� EMerpriasa, Inc. 1F ' �;:, � Crossing Guard Procedures Staff members assisting children in crossing the parking lot will be wearing red/orange vests and will utilize hand held stop signs to alert any drivers in the area. to the presence of children in the cross walk. When assisting children crossing the pazking lot staff members will position themselves at the beginning and end of the line of children so they can insure that all children have safely crossed the parking lot into the pla.yground area. Use of the Playground Children will cross the parking lot to use the playground area generally twice each day. Usually, the children use the playground once in the moming, anytime between 9:OOam and noon, and once in the aftemoon, anytime between 1:OOpm and S:OOpm. In general, children do not use the plaqground during the times of heaviest customer tr�c; 6:30am to 9:OOam and S:OOpm to 6:OOpm. Previous Ezperience New Horizon Child Care centers have used ttus procedure in the past to safely cross streets or parking areas to utilize playground spaces not adjacent to our building. This � procedure had been used in areas such as Bumsville, Brooklyn Park, and Brooklyn Cemer. � _ � ; � 1G , � VAR ��94-1 1 New Horizon Child Care � 6._�. f ;= er., �--r. ' Y .� � o �t���2 5 ,��� o o �i .✓s)� , -'�;:`� f�� � I ���� � � � � ; � N. dr/� ,�/-le w. n n q �L � � � 6�. Z , � ' ����� • nj ��M r� � 6°, o (;'�o %3 e�o '� 0 � C�'>� 7� -,. .< s��� o ° - �/G LA�N °+ �% � � s ��- �, �y.�-rew � ` \ � l�aiu -. - . o o � ,��.�3, a � .,�� u . � . � 1�� /O ' rol o q / (5 a /.�` ��� ' , . A /�E � . o , l. s B{, • T� I�V `e q � w Lyli x B�1�1 0 0 �7 ` tc �1�� "�'' o �� ` 4 -.' ��\ - :�..e '^ �: ' � N� ' < �i �.� �`' "�, /.- 01 � . 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IY�, 1 � �f�y � . �. i ' `r�'ie - 0 4 � 7� . _�E' 1' 'Z ` ' •y ' . 1 � �f� ' � � • , I � � u� O % C�� �z,�� � � � � _ AUDtTORS � SUB. .� �; ; � b°.� ' ; r o� y4i �L•Q �• ; f:•` . i6 ,. �(�i yf '� . � � 1� : �� S�' ' ; � � N0. gg ���� �,� �� ; : � . �� ; � �' -Ib100RE —_ �-'� r ``: .:c , -- - - - . L A KE ,, �� M . �� ..�< °°'- �+y�t�.r z �n. , :r . - �' 'N � �� .- � ... 3 , �'� A - .,t � `' �'� O O s .� ° C�, , IG ) � `. • O • � I � t, ,,� � + � 4, • % / / , , � �: i . � . ; � ` ; 4 A .,�,, I . �e - . � 3 � � �, A ,' u � � � � � -- y- , � ' _ � 9 .°, � Z(19) � w µ � �; . �hG � � � ti � y g: i r.� ��,���. ot ' l, 5a ^ a S.:F sr aE � : ' o : i ' , raacr a � s'• i 2/ ;; � . ; 5° s° �(� : �'. ) _ic [ /69fj� � � � �� R.L:S,-� � � " i ZJ j6�2 -�-- �T,lj.�f. w-:- � . e r O. L C .�er sr * E <z) '��G /e� -• . � i � �. �� �,� s�_ :�� ��, o, , a i� ' ' -�I � 6 � .._- ,:�. . --- ; ='��� � � t'.,`-�_ �. ' . .... A'�.Y•f! ..._ �. . ' I . ' � ,�. .� �� 1H tis re�srf -�f .',f'- u �f,����/� •�0 fif C �. ( I L 5 �. ' ,�o o : �0 1 _ � : '� a0' I� y,e,/ 6 �Q h i� � t i` �j � ;� a 5 .11�� f�.• \ % m S� • , '� /�S ./3 �. , OCATIOiV MAP VAR ��94-11 New Horizon Chi . � '' -- _- � z�T-� i ' •Y'.: ,n _ _ � . �e --�--, z> - w _�' � - — �� a.� � . �7 ~ ,� N :::: , .� sr4 �a '•1'�' 17��9 II � e V �� '•'.9:• • _i �2 i �` � � i � W 1• i i i�'i ' V � _'� � i4� � 3 1 � �s 29'//� /1 � 5 � r�, , _ t-� .�; ;,.,.,., I 'i►�► �����0 ; � �.. • ►-►��♦ I ►..,.,.,., ��►�.❖.•. �;.,.,.,., i► ..... ,��� s�����t►- ►♦��������� i 'f. M 0 Z } a 2 � S 0 Q� c v � G � --._,.�_ � .__,._.-- ---._ ._ i � , ;� i � � ; �� ,� ; " t ? 4 Y + O � - a�.f. ��,Y : f �� ' � i3 :i 90 \� : �u�.� �I����� u�uv� I���t����■ 1���77�t�■ i��������■ � � • C�il . . u �,' ,� i J , ► ���'�'�' i .>'��`,��� . � � 00� �� ��._ �. �►� �y� `�;�=��,! r ���t���l���ii; � ������QO � � ► � T DISTRICT LEGEND R-1 ONE FAMIIY OWG'S � ❑ M-1 IIGMT INDUSTRIAt � p-2 TWO FpMIIY OWG'S ❑ M-2 NERVY INDUSTXIAL � N-1 CEN. MVITIPIE OWC'S � PUD PLANNED UNIT DEV. ❑ q-1 MOBILE HOME PARK O 5-1 HYOE P�RK NEIGM80RMOOD ❑ P� PUBLIC FACILITIES . � S-2 REOEVELOPMENT DISTPICT � C-1 LOCAI BUSINESS 0 O-1 CHEEN f RIVER VNESERVATION Q � C-2 CENERA� BUSINE55 "�" O-2 CAITICqL pqEA Q C-S GEHERAL SMOPVING � � GENEN4l OFFICE ❑ VACFTEO STNEET$ v 11 ZONING MAP i i J�i � O � Q-�' � � , v �� Q� PAVED O� J A EA � �v �V � � � � ' . �� . � . /� , . • .. / � .. .. , � � \ � �� � � u�,,.c�a� ....,. SOD VAR 4�94-1 1 New Horizon Child Care• � � \ _ ,�� � _ 3y1� . - � .. 1�'i11;' ' . ' . � � �.:. ■ V��� 1Z�'fA t t�i 1 N Ge W A�.tr tilISIDN 'rR1At•iG LE i Original Plan � SITE PLAN i "� ZO <� C� `• Blumentals0 -����� r, Y' � .. .�y , ., ...' � O • N � _ � _� _._.. . r---�-•- -- - -- ------ --� . � n � . . � j:,.��� .. � " . . ..�.. . . " I' l�. tf. ' f F. �rle�.. I � r � � � r f � � � . 1.[;. .. .. . . . .' s;J � . . � . - . � . • • �'1' :-.-. . ,a f 3 __ VAR 4� 94-1 1 New Horizon Child Care 36' i------� � ♦ � . . . � ���� � � � � ' `\ � � � ,� cww rer �, � . a�e�" s � � ( �A� � I el�E .t�:, s � � � �� I ! � i ►� �� I 34'-tt' �� � , �u� I �� �r,ppv►,ue. �' rways �) � �' / eKU+�r � I %� °t� � ! /� t�-T�ic-i�oe � . i �� � �, ~ � I / f rn�u. aoe � t � i � i �,.�,. �.�.« �:�. \ r. �� J !�w f?! x N:: . . � . � 1rw.�� rf5 wl . \ '/ � / \ / �������J / .i+!a'?1 \—�-: '°'�'a► ( . . �:�,.;�3 �� `��.���r: . '�KU�S �s .. ._. __ . .p �� h � , , � ��� �� n �.� �� . 4 a�q, � -. .4 t;+��i:. �� � .�_ . -. ; � _. �=�. - _, -"._.::. «�. _.�„ _�t � . _ ._, � _ -_. , S�OP —_—_ --�----______-- ��_-„� `► . � �, ,•, .� : � -. _ _ . _�_._ �r —�__ � � � �,� ' � ` � IJ t . ��� _ '� � •- � :'��; .1���� � 4 ,�' ��: ` ���„� . { �_� '_ ' " ' .� �t+� �e �- =i.t t.`�'i!u-� '- ,1��`".rl '4--�_f�3.� _ �. _� . y� ' •� e�'? . __' � .. � \ � :. `',�, ,�=s e` '``,` ': ti�� . ..,� F ��' �, "��- - �. i�� . � ,,, - �- . ' -'i ,� . ' . T- . ., 'j.� T . . . �—' � "���� . � , � �`---..�.. _ - � s -���.._ y ._.�.._.: '- .,� ! ' � � . , _ .�.�.... . ,' � M.. �,. ( '' `�,f�� � .�1_�.� `�`�tiI .,� ,� <<1.:�c11 "`.`-r�a'q��� �� - _ � �:�: . . �.y _�r L ; � - ,,r��,4 :�-��-� ;.."u�r,�. r,: '' �;; t, �i; .. i� -�`^� =�—^-- — +� ` � = '°`"'� � •� � �.�.,.,�.,,,�,,,,�, ._. � -� �.� ; r .� (w� . • _.. �\�� - - , , ' `. . �) �. . . . . , . � {• . �,°Y�-. � - . . �jU � �'f ^`�, EJ'. F�� 4 . ' ,. ��_ d .' � � 1• ' _ f ��,'_wy( � ii�i �� ` y � s � , ��� � � �� � � � � � II* �� 4 C F . . ,� 1� � t � i � . . , • � • � J •; � . ,;' . , � I i��--_ � � - - _ . :� --.�—. � , , • . � . � � _ , ;� ' j� o � � _ ,.�Tj p � � r_ � �„ - :'-,..�-�' �..,,,�.,. ` Vi `°°���� ,�,�� ai �;` '�i _ . � �� ' f 9 �'' r'l,. ,�(1 �;r"'"" � /,� J,� r . . � � "TR.i; � � ....itrA. - .. .. .. . � '. .b,�.� �71 r��,' , .. w�;r,. : . .'� `�•i,�;.. i;', . , , • �' .,^^!���y'' . _ ; :� • . �,i.• ii3..�:.:.j.na ....._.,.rt:�,.�-.uwy... ._ ,.....,....,..._. .. �.:Yr��r.��r.i... � , . . .. ;- . %'� � .. --'_- , , ;;; �._ �' �,+, .rry, . �w�_._.�_.,.. �... ... . . .. . ......;�. .__._ ....i,. . ._ ` .\ . , � � � . — —...__... _d_ � w , ,.t. 1: ^ � � ` ' ,� i �'_ �. ,_ ._ � � �' ' . s � � -�- t _ �, _ � STOP � ,� '����.�:�.___ — - _.�-- � � , ---_------:�— �STOP - 4 ;fi� ;, --�rr— �e. � � , � � � .. �-_,�. � �. " '+! 'i, ;s: _ ���, " '- �`, . �. l. �, � �� � .T --- � " ►� - � . ? ��� � �_=�'��� '_' b � r,i ��� '� :�� � , � � �:�• � � �� , �., ��; ,, {. : �_^ " , �' .ti a �� �� ���,,.: �.�. ... ,.� .�.. A,r.f� � .. � •i, `� ', � ------_. _ --� �."'--�'f ' � , i .R� � � ,� :._... ./ , _ � : • --r -� r! �>. � � %V „ _ _ _ — ;"'°a:..�- eo; ;y� �,��� ���+'•^ � ' � �_..w..�_ _ __t� �y� _ _ _ �`� . , _ :,�J ^ .. :��`=� �� �� , ;�� �_ ___. _ ___ -- ,, , .. ;, _ � . ��� . � _ y � 4� � _ �s;. �;, sTO���� _ .,i ,' ; . � r.: ._ -- - �,,,r� �- '. � . ,,� �,Us y . ,'f �� -<a_.= SjpP �tt� � � 1 � . . —.._;� 1, �s .. �1�` � '�l . � � i ,..� _.__ _�: _�;-'��� �'�!��' �_ � ,, ._ - .: _ � .,;� . � �� , . __ ,, ��:�.._-- _: �-� � , . .. :.:.�:. . . � . . . s�r�5,... ,... . . . . . s ._:::�:x!r� •, . � 4 . �. �. ut.i;. . ... � —� . .. _ . . ,.' �� a'_:�, I ` ' I VAR �� 94-1 1 �ew Horizon Child Care �t ; � :; j, ' i � 'r' � f'' �. ""'.,°--• � ` a� t� � , a ��., ..: _. ..., . _ . . . . . . . � '. _ . �..� scx�` �.y�;;r �Y""�� .._.�!I'!��- ��.� � � I _� . .'r i �u'�' '�. N�S �.. � �;,s.�n��' _ . . . . . . � f ,.,}'�"Jr'�,..+?c..L � � ���." � , ` F � � i��� ..�. � ' ' � - . ' . —_ . . �� �� _� q'S ���^. - —�,�...s-a«-. -. � ___.J...d.„�a _ s,'r,,;- � '_` IH'•�- _ � . , _ . _ _ . .� � Just For Kids � -Bloomington, MN 1N � . . �:i��. . � . �. <•'� I � . ' ,' . it-. . . . . . . . . � � . � I .`:� TO: FROM: SUBJECT: DATE: WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR PAUL S. HANSEN, STAFF ACCOUNTANT 1995 PRELIMINARY DRAFI' BUDGET August 10, 1994 In conformance with Chapter .7, Section 7.04 of the City Charter, attached is the 1995 Preliminary Draft Budget The Budget will be presented to Council at the August 15, 1994 meeting. As can be seen by the attached Budget Overview, the 1995 Budget Resolution reflects a 1.7% increase over 1994. The 1995 General Fund Budget is at a 6S% increase; while all budgeted funds, which includes the Enterprise Funds, reflects a 3.7% increase over 1994. . The 1995 Budget follows Council's direction to levy the property tax levy at the same level as the 1994 levy. We should have further information for. Counca7 on the impact � . . this will have on the average homeowner in Fridley by fheir meeting on�eptember 19,' � 1994. In conclusion, we present the 1995 Preliminary Draft Budgets. RDP/me Attachment(s) e CITY OF FRIDLE�f. 1995 DRAFT gUDGET In conformance wfth Section 7.04 of the City Charter, the follwing city Manager's budget for fiscal year 1995 is submitted to the City Council at the August 15, 1994 City Council meeting. GENERAL FUNO Taxes and Special Assessme�ts: Curre� Ad Vab�em Delinquerrt. Penalties, Forfeited Special Assessme�ts Licenses and Permits: Licenses Permits I�tergovernmental: Federal State - Homestead and Agriculture Credit Aid Local Govemment Aid All Other Charges fo� Services HRA Water Fund Sewer Fund Stbrm Water Fund Liquor Fund Cable N Fund Construction Funds Fines and Forfeits Interest on Investrnents Miscellaneous Revenues Other Financing Sources: Empbyee Benefit Fund Closed Debt Service Fund Liquo� Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTAL GENERAI FUND SPECIAL REVENUE FUNDS Cable N Fund Grant Management Fund Sol'�d Waste Abatement Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS Capital Improvement Fund Taxes - Curre� Ad Valorem Interest on lnvestments Donatior�s � State Aid Const�uction Fund Balance ESTIMATED REVENUE $3,489,601 75.104 2,444 148,452 2n,ass 4,562 1.057,010 1,584.149 452,061 261,064 179,607 128,951 93,580 29,838 67,359 20,445 32,063 221,867 515,000 85,454 50,000 266.526 75,000 9.117.623 831.724 $9.949.347 $99,188 208,201 231,754 28,744 $567.887 $85,550 341.204 10,000 650,000 ' " 22,746 TOTAL CAPITAL PROJECTS FUNDS 51.109,500 AGENCY FUND Six Cities Watershed Fur�d Taxes - Cu�r�t Ad Valorem TOTAL AGENCY FUNO TOTAL $3,500 53.500 511.690.284 2A,, Legislative: City Council Planning Commissions Other Commissions City Management: General Manageme�t Personnel �ega� Finance: Eledions Accounting Assessing MIS City Clerk/Reco�ds Police: PoGce Civil Defense Fi�e: Publ'�c Works: Civic Center Eng'meering Lighting Pa�k Maintenance St�eet Maintenance ' Recreation: Recreation Naturalist Gommunity Development: Building In.spection Planning _ _ _ - Reserve: � Emergency Nondepartmental: General Capital Imp�ovement Streets Capital Improvement Parks Capital Imp�ovemerrt APPROPRIA'110NS $100,328 3,461 6,617 309,895 97,592 220,000 0 517,454 142,280 159,355 104,709 3,152,714 9,634 788,638 187,319 493,882 202,700 G45,541 1.187,576 582,885 255.213 18a .455 317,422 185,000 97.67� 59.949.347 $115,494 208,426 243,967 5567.887 $181,000 766,000 162.500 � 51.109.500 $3.500 ss.soo 511.630.294 Generai Fund Special Revenue Funds Capital Projects Funds BUDCET OVERVIEW 1993 1994 �udget Budget ( a,083,663 9.339.724 • • ' • _ ��,���,�>�:;,>;n»»� nr���,;,�:.,;,�,�.� v?�,;�>.v � � � � � � � � � � -. . � <+r„??,�3i:`�t.zi3�?Z:c�n;<^.. �:�,:.:.i ...F'>,?zz:>.- st : ,,,�.;. <.....�. • . i • • � E� , � � ='= x�:� � ��,. �:,.�s ��,��,;� �� •� ��� :F�:'r'trii:'�'t #�i Kt.�+.'R:!:tr�i4'<e?;ft't � 1 � � ,� x� �:,>:. ��; �: �.� �,� • • , / � • : •�. `�'7.' �.m"'v< : :>:�YQ�' l�d?�'.� ../� � Y � / • ►' = .. •- : ••- � � ��� � .. id:�J�"�.^i3 i£'Il,+�l.?!:�Rtt'�:Y%;� }:%(+ii;a:32't � • i i �,�� �;?s���zr?>;� xn,:��:z�.> � •� '. �• �� �'1�0.?.@'O't Xd50?3': t'SA.'�+k.u:S .'�'' �SS:�9Ya:oi . . �. / • . . � � ::{��Jn� .�.W �$:�/�i�'���Y:'�?�3X�J�3?�v � � , . • / � � : •� , •: 8.+'��.3.i�,�'33� ?d�',:,f'��k:;fi:�.X�'1��N7"�z5;;3F • �• • • � o/ 0 6.5% — 29.2°/a O.O�IO 1.l % � 6.7% 3.7% CITY OF FRZDLBY M$MO RANDIIlL � TO: WILLIAI�[ 11. BIIRNB, CITY 1L71�TA�iEjt � FROM: RIC81lRD D. PRIBYL, FI�TANCE DIRECTOR WILLI7IU 7►. C81�PA, CITY CI.B�� SIIBJECT: $I,BCTION JUDa$8 FOR SBPT�BR 13 PRIIYiARY $T+$CTION DATE: AQQIIST 11, 1994 The attached resolution appoints election judges for the September 13, 1994 Primary Election. Lists of judqes were provided by the Democratic-Farmer-Labor Party and the independent-Republican Pa�ty. She judges have been selected from both the DFL and IR lists in accordance with State Statutes. We are usinq a greater number of judges for this year's Primary but expect to use the same number of labor hours. Our rationa}.e for this is to expose all judqes, especially new ones, to the election process before the November 8 General Election. Where possible, we are splitting work shifts in precincts so that not al� judges need to work a 16 hour day. We will maintain an even balance of IR and DFL judqes in each precinct throuqhout the day. Recruitment of election judges has become increasinqly difficult.. To date,.40 of our judges on our existing lists have declined to work this Fall's elections. Reasons cited include full time jobs, age of judges, lonq hours and low pay. - In the past,.we have paid our head judge $7.00 an hour and all other judges $6.00 an hour. To attract qualified judges, Anoka. County has offered us a$.05 per capita subsidy if we increase our hourly rate to $7.5o for head judges and $7.00 for other judges. If we opted for this option, Anoka County would pay us approximately $1,410. Based on 1992 election judge use, this scenario would cost the City an additional 51278 for 52688 of value. We would increase our hourly rates to $7.50 and $7.00 but the County would pay for approximately $1,410 of the additional $2688 used in judges� salaries. our hourly rates are already fairly competitive in Anoka County. We surveyed the four Anoka County communities that surround Fridley. (Blaine, Columbia Heights, Coon Rapids and Spring Lake Park) and determined their election judge salaries. Among these four cities, we have found that the average hourly rate for an Election Judge is $6.75 and $7.25 for a Head Judge. � We have also researched hourly rates of other jobs and found that the hourly rate to keep score at a basketball qame for our Recreation Department is $6.00. In Richfield, it's $7.00 per game which lasts approximately one hour. A beqinning clerk typist in Fridley starts at $6.63 an hour. To work at the Cracker Barrel restaurant in Brooklyn Center, wages start at about $6.00 an hour. For 1994 elections, we have $20,000.00 budgeted for judges' salaries. This amount was based on what we actually spent in 1992 ($19,808). Keep in mind that 1992 was a presidential year so it included a special Presidential Primary and a higher-than-usual turnout for the General election. As a result, more judges were used in 1992. We believe the�amount budgeted for judqes' salaries ir� 1994 could absorb the increase in hourly rates. Given that, we recommend that salaries be increased to $7.00 for judges and $7.50 for head j udges . • If you have any questions concerninq this resolution, please give Bill Champa a call at extension 523. 3a �80LZTTIO�T NO. - 1994 RESOLIITION DI�SI�i�TI�T�i POLLI�iG PL11CB8 11�iD APPOI�TTI�iQ ELECTIO�T JIIDQ88 FO$ T88 88PT8�L88A 13� 1994 BTATS'11IDE PRIMARY LLSCTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, at a reqular meeting on 1luqust 15, 1994. SECTION 1. SECTION 2. SECTION 3. That on the 13th day ot Septeabar 1994, there shall be a Statewide Primary Election: That the polling places for said election shall be as follows: � Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4 Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Grace Evanqelical Free Church Hayes Elementary School Fridley Municipal Center Fridley Senior High School Woodcrest Elementary School Rnights of Columbus St. Philip's Lutheran church North Park Elementary School Springbrook Nature Center Redeemer Iutheran church Stevenson 8lementary School Fridley Covenant Church That the polling place will be open from 7:00 a.m. to 8:00 p.m. - SECTION 4. That the following people are hereby appointed to act as Judges for said election except that the City Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.05 of the City Charter. WARD 1 PRECINCT 1 *Sandy Goman Carolyn Holmen Harriet Rish Marlene Schonebaum WARD 1 PRECINCT 2 *Arlene Linton Marguerite Gilbert Oksana Iiawrylak Ruth Huss WARD 1 PRECINCT 3 *Bernadette Bovy Rosemary Johnson Carrie Baaken Delores Steinert � Marion Ertl Eunice O'Neil Louise Molencamp Marlys Johnson Marietta Holum Carolyn Doyle Irma Kelly Dee Truehl Adeline Musial Dorothy Veres Page 2-- Resolution No. - 1994 WARD 1 PRECINCT 4 *Muriel Pomeroy Adeline Haidle Darlene Sammarco Janice Long WARD 2 PRECINCT 1 *Teresa Hub Helen Fowler Joan Schroeder WARD 2 PRECINCT 2 *Joann Cederhoim Patty Galliqan Marie Goerdt Natalie Lohman WARD 2 PRECINCT 3 *Dorie Reiners Marii� �eeman Jear� Wagar Cynthia Variderwerf WA�2D 2 PRECINCT 4 *Jackie Walthe� �ora�:�e �tewla�d Naida It�ger Eieanor : i�eyda WARD 3 PRECINCT 1 *Betty Bonine Carol Kalan Myrtle Mo�phew Kay Olson WARD 3 PRECINCT 2 *Jordis Mittlestadt Marlys Hinsverk Betty Scott Gladys Lox WARD 3 PRECINCT 3 *Irene Maertens Darlene Vallin Velma Farr Claudia Potasek 3C Marlys Lisowski Marlene O'Donnell Norma Rust Jackie Larson Donna Nordin Betty Thomas Jan Hebeisen Jeanette I�i�r►quist Doris Moxness Regina Ton�: Ann W���iams p F�yilis Er.i+ckson De�ores Mei3:�um Ma�� �e �o���� :�. Marletze . $�dem ��;; Laverrie Gemmill Sharon James Linda Thomas . Ruby Hall Carol Johnson Magaret Hendiey Marija Netz Laurie Harris Barbara Enroth Kathryn Engstrom 7 : �3 ,: _ ''�a:. �. Page 3-- Resolution No. - 1994 WARD 3 PRECINCT 4 *Betty Nelson Marie Nelson Donna Novak Beverly Steeves `E.�. �_,�;` �Z+��1 ��� HEALTH CARE CENTER Norma Rust Laverne Roseth Jane Hosman Jeanette Giles Bernadette Bovy , SECTION 5. That the following judges are appointed to act as chairperson � of the Election Board for the precincts desiqnated and shall have the duties set forth in Secti.on 204B:20 of Minnesota: Statutes. � SECTION 6. Ward 3 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward l Precinct 4 ward � Precinct l Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Sand� Goman Arlene Linton Bernadette Bovy , Muriel Pomeroy Teresa Hub� Joann Cederholm Doris Reiners Jackie �ialther � : �.. Betty Bonine � Jordis Mittlestadt Irene Maertens Betty Nelson Compensation for said Judges will be paid at the rate of $7.00 per hour for regular Judges and $7.50 for the Chairperson of the Election Board. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. � ATTEST: WILLIAM A. CHAMPA - CITY CLERK 3D WILLIAM J. NEE - MAYOR � _ � J Community Development Department PLA►�v1VING DIVISION City of Fridiey DATE: August I1, 1994 �� TO: William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok,.Planning Coordinator Michele,McPherson, Planning Assistant First Reading of an Ordinance Approving a Rezoning Request, ZOA �94-02, by Forrest;Harstad;�.97i Hillwind Road N.E. _ �. The City Council conducted a_public hearing on �une 2U,�1994 regarding the rezoning<request. The Planning;;Commission� .� conducted a similar public;hearing to rezone the subject parcel � from R-1, Single Family Dwelling to R-3,�.Generai�Mu3.tiple�Family Dwe].ling at its May 18, T99.4 meeting.,:The�Pianning Commission : recommended that the City Council approve-the rezoning.request with one stipulation �,.; .- : � °�� � x�"' .. , , �, > . ; _. . . . . �: . ., c �: . ". . . t . -: S y� � . � � L � 1. Variance request, VAR #94-02, shall:-be approved.� 2. Plat request, P.S. #94-04, sha11 be'approved. 3. Vacation request, SAV #94-02, shall be approved.: - :.:. . � _� 4. The rezoning request is contingerit upon the site�plan as submitted by the petitioner and reviewed by the Planning Commission at its May 18, 1994 meeting. The petitioner has since revised the plan to address the Planning Commission's concerns and comments from the City Council public hearing (see�plat request). - StafF recommends that the City Council approve first reading of the ordinance approving the rezoning request. The second and final reading will be scheduled the same evening ot the final plat approval. MM/dn M-94-449 , ORDINANCE NO. ORDINANCL TO AMEND THE CITY CODE OF T8E CITY OF FRIDLEY, MINNESOTA BY MARING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. Be and is hereby rezoned subject to stipulations adopted at the City Council meeting of The tract or area within the County of Anoka and the City of Fridley and described as: Lot 6, except the East 650 feet thereof and except , that part lying West of the Northeasterlg right- of-way line of the Outer Drive of the-State Trunk Highway, Auditor's Subdi�ision No; 25, Section 24, Township 30 North, Range 24 West, Anol�a County, Minnesota, and Lot 7, except the East 650 feet . thereof and except that part thereof lyi�g West.of • the Northeast right-af-way line of the Outer Drive of State Trunk Highway and except the South 55 feet of the West 1S0 feet of the East 80fl;�feet: th�reof, Auditor's Subdivision.No. 25, Section 2'4, Township 30 North, Range 24 West; Anoka County,: Minnesota, and Lot 8, except the east 800 feet thereof and except that part thereof lying west of the Northeasterly right-of-way line of the Outer , Drive of State Trunk Highway, Auditor's Subdivision No. 25. � Is he�eby designated to be in the Zoned District R-3, General Multiple Dwelling. SECTION 3. That the ZoningMAdministrator is directed to change the official zoning map to show said tract ' or area to be rezoned from Zoned District R-1, Single Family Dwelling to R-3, General Multiple Family Dwelling. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. . 4A ' Page 2 - Ordinance Nb. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: June 20, 1994 First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR . � Forest Harstad � P.S. ��94-04; SAV ��94-02; ZOA ��94-02 G i .. . „ . , � . ' � • • J q;� _ *' � , � �% �EAC �,�' �er 1� x � � / � /� _ P _ u � � ,�.. � s.� F-` , A � r, / � ,.;� z L • ` ` ci • ' / { • `� � � i a ' r � � � � �� P �'r �fa P � f�C. i N 4iCAJ�M' J , � `�•• Q�- 03 �' Z ��r i G` l� 1�% ` , ! ) v6 � �O �' � � 6 • , • � RI � I ' , y�'. , - S /4 i � �a d . I . i � ' . 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' �j � k :? . .. . � . . . � . i J � . . . �v '�/ � .. ` �`��/ . .. . � . - 1 � � ��� 1 ; j t �f � - 'n� �'' �� ;� . � ;;�.ti,'' '�, ;�: j ; � � 1, ..� ���� � �.. 1'°�iS hwd � � j � � � ' . � ;�c� ; � , � ,'� k �'/' ' . . . :��-� Q ' . . _ � �° �' I � / ���a , / ` , ;� / .,e - ` ,�� � � � � �• ty '1 O �n � :_ � � j � N �� v ,:; � - , _ ��3�� � � i�i�� i Cj �f���f � ��� �f; �$��x � �i r�a a�Y���� ������� �� �I������� ' 4D _ __ _ --__ . _ - � . CURRENT ZONING � Forest Harstad P.S. �694-04; SAV 4�94-02; ZOA 4�94-02 . ,: - - - ��--�-__ _.. ...._ _.� -:,. , . �, r. :, -!!i s .. �t�v I . � II! l� -w . 'K- ia pp)j �. � " .i �"�t� �,dClZ.. , A, . �,_\�� I�/�����i'� Gv.��M S�tl� it�(l.ri�` �tl` o n rs u - •-----°• -----•-� - -----° � -•:---• --r- -- '� .. r � � (�'� `� . Cs) . .� :.,►t� .�+ "�`` � ., ..; � � �? 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NO. 39 ��� J��� � EST ���~ � /�� �,� �---- _� `` r� ���__--- ti �._ �j� �� � � �_ - ;� . � _ _- -_ r � q CONDO N0.39''� � ----._ � � __ � ��T��6:�d� � /ST SU .P CONDO lV'�l 39�'�----..-- �.��r !re _ � j Jf - i5J 2N0 SUP. � , � . j --__� ��-„> � j N �� __ __ _� __ _ - _�_. � �, � - __ �� T ; , __ sop 9�. _�0.1 �NTE�, �� -___ —�----_ ; . --- --- __- ._. 4 LOCATION MAP FRIDLEY CITY COUNCIL MEETING OF JUNE 20, �994 PAGE 8 direction from the Council on this issue at the next regular meeting of the Council on July 11. MOTION by Councilman Schneider to elose.this informal dis.cussion� on the Central Avenue bicycle path. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the discussion closed at 8:47 p.m. PUBLIC HEARINGS (CONTINUED): 3. PUBLIC HEARING ON REZONING REOUEST; ZOA #94-02, BY FORREST ',HARSTAD OF TWIN CITY TOWNHOMES: TO REZONE PROPERTY FROM R-1, SINGLE FAMILY DWELLING, TO R-3, GENERAL MULTIPLE FAMILY DWELLING, TO ALLOW THE CONSTRUCTION OF 46 TOWNHOMES, GENERALLY LOCATED AT 971 HILLWIND ROAD N.E. AND VACATION REOUEST, SAV #94-02, BY FORREST HARSTAD OF TWIN CITY TOWNHOMES, TO VACATE A PORTION OF PROPERTY GENERALLY LOCATED AT 971 HILLWIND ROAD N.E. - AND PLAT REOUEST,. P.S. #94-04, BY'FORREST HARSTAD OF TWIN CITY TOWNHOMES, TO REPLAT PROPERTY GENERALLY LOCATED AT 971 HII�LWIND ROAD N.E.: . MOTION by Councilman Schneider to waive the reading of the public hearing notices and open the. public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the .motion carried unanimously and the public hearing opened at 8:48 p.m. Ms. Dacy, Community_Development Director, stated that this first request is for a rezoning of property gene�ally located east of Hillwind Road, north of I-694, and west of Fillmore Street. She stated that the request is to rezone approximately -1.67 acres from R-1 to R-3. She stated that the pnrpose of the rezoning is to extend the R-3 zoning district to allow construction of 41 condo- minium units and a 5 unit building is.proposed on the west side of the s ite.. Ms. Dacy stated that the Planning Commission r.eviewed this request as.to whether or not the development plan meets the R-3 require- ments. She stated that the.plan meets the density requirements and other requirements of the R-3 district except for a variance on Fillmore Street for the front yard setback and a variance to the driveway widths that serve the condominiums. Ms. Dacy stated that the Planning Commissio.n found this rezoning to be compatible with the existing uses and recommended approval subject to approval of the vacation and plat requests. Ms. Dacy stated that the vacation request is to vacate.a portion of the Hillwind Road right-of-way consisting of approximately one- half acre. She stated that this property ;aas obtained b.y the City '"�■I r FRIDLEY CITY COUNCIL MEETING OF JIINE 20 1994- PAGE 9 as a turnback from the state. She stated that if�this vacation is approved, the City would have to dee� this piece of property.to the petitioner and�pass�an ordinance.declaring it�excess. She s�ated that�.�the Planning Commission recommended approval of trie vacation subject to approual of the plat request and recommended that this parcel be combined with the property to be developed. Ms. Dacy stated that the plat request was for former Lots 6, 7, and 8, and.the vacation of Hillwind.Road.to be combined into.pr.oposed Lot 1 with the dividing line along the middle of the wetlarid to create an outlot. She stated that because this property is zoned R-3, the Planning Commission was concerned with the development of the outlot; there-fore, the plat was amended to include a five unit condomiriium proposed for the west of part of the wetland Lot 1 and 41 units to the east. The plat is for one lot now instead of two. Ms. Dacy stated that the proposed condominium units would be served by 24 foot private driveways, and both sides of the driveways would be signed "no parking." She stated that there is direct access to four of the eight unit buildings on Fillmore Street. Ms. Dacy stated that condominium units normally generate five.daily trips; therefore, this development would generate about 240 trips per day. She stated that there was a tra�ffic count completed. 345 trigs were caunted at Regis Lane, and 630 trips were counted goi�ng north on Fillmore Street. She stated that_the traffic capacity.of a low volume residential street is approximately one thousand daily . trips. She stated that the proposed traffic to be generated�would . not exceed that cagacity on Fillmore Street. . � Ms. Dacy stated.that during the site plan review.staff evaluated three options for anothe� access to the property. She stated that to extend the driveway in the southwest corner to Hillwind Road is not practical because of the steep slope. She stated that staff is reluctant to recommend another option to create a driveway over the existing wetland because of the requirements of the new Wetland Conservation Act. She stated that as far as a driveway onto Lot:9, the petitioner does not own this lot. � Ms. Dacy stated that the petitioner requested that land be dedicated in lieu of a park dedication fee. She stated that the Parks and Rec�-eation Commission recommended that Council not accept land in lieu of the fee. Ms. Dacy stated that the Planning Commissiori recommended approval of this plat subject to nineteen stipulations found in the Council's agenda. She stated that the City Attorney is reviewing the condominium documents. Any corrections or stipulations would be included. Councilman Schneider asked the zoning of the property immediately to the north and south. Ms. Dacy stated that the zoning is R-1 and. R-2. 4G FRIDLEY CITY COIINCIL MEETING OF JUNE 20 1994 PAGE 10 Councilman Schneider asked how-many units would be located on the . : R-i portion. ._ . � . Ms. Dacy stated that two portion of the property. 8-unit buildings would be located on this • - Councilma�� Schneider• asked� i€ :•there. are an� requirentents .for-: a � . � buffer �betweem the•_•residential � zones. Ms. Dacy stated 'that -there . were. none if• only commercial• property is -involved. She stated that - - staff worked with the petitioner for increased landscaping along � . the southeast �.ot :line, . . • - . � . Councilwoman Jorgenson. asked about the screening requi�ements between R-1 and R-�. Ms. Dacy stated that there is a screening .. _. , requirement if . the�e.. is � a�,.parking . lat adj acen�. -to: the R-1.- �,_ ,. Councilwoman Jorgenson stated�that in order for residents�to ac�ess.- this development they.will-have to use several residential streets in the area. She asked if_any other traffic counts were available for some�of .these streets�that may be affected. - -� Ms. Dacy stated-that on Hathaway 'Lane the count was 1,360 trips, and the count was 3,48'S trips on Polk Street.� � Councilwoman Jorgenson stated-that the traffYC on Hathaway Lane and Polk Street..already exceeds the recommended�traffic capaci�y for a residential street. - . Councilman Schneider asked about the�City�s legal requi� ent'and :- if it cannot provide a sufficient amount of access. � Mr. Herrick; City Attorney, stated; that if the existing �street system is not adequate, the City would have some obligation�to update it. He stated that the property.owners have the right to develop the property, and the courts would hot: look k�indly that : " they could not develop because the streets are not adequate. Councilwoman Jorgensor� stated that in order to alleviate.the traffic situation it would be necessary to have a ramp off I-694 onto Matterhorn Drive, and that would not happen. Councilman Bi�llings stated that to have a ramp onto Matterhorn Drive would only move traffic from Polk Street to Matterhorn Drive. He stated that there are already 2,90G vehicles per day on Matter- horn Drive and 3,400 on Gardena Avenue. These are feeder sfireets, but it is not always possible to meet the guidelines for traffic capacity. . Councilwoman Jorgenson stated that the whale area has a u�ajor traffic problem, and the City-does not-have any alternatives at this time. � - 4H � 0 FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 11 Councilman Billings stated that there is more traffie on these streets thar� is typical.for a_quiet residential �eighborhood, but he, did .not thi.nk the traffic �in the. area .is a major problem. �. Councilman Schneider stated that unless the Council is prepared to place a moratorium on development of this property, the traffic situation �will always�be-there. He stated that it really comes down to the c�ensity-and��the need to have a�viable development with a minimum density in order to handle the traffic. Councilwoman.Jorgenson.stated that on the R-2 property directly to the north of this proposed development all the windows face directly toward the� eight unit complex. SPie felt that to have additional screening for these properties, as well as for the . residents of. the comp�ex, wouid be helpful. _ Mr. Forrest Harstad, owner of Twin City Townhomes, stated that he is here to answer any questions from Council and to address some of the concerns raised at the Planning Commission meeting. Councilman Schneider stated that having visited other developments �. by Twin City Townhomes, he felt that this was one of the finest proposals he has seen as far as construction. He stated•that he does have a concern with the density. He stated that the eight unit is� bounded by R-1 zoning to the south and R-2 to the north. He stated that he would be more comfortable if that buiiding were four units or.if Mr. Harstad acquired the property on either side. He stated that it seems to violate�the City's commitment to the zoning code to have R-3, R-2, and R-1.. , Mr. Harstad responded that, unfortunately, the way it is zoned today and the intent of the zoning is an attempt ta buffer a very high density. He stated that Mr. Frank's home is the oldest in the area, and if it were poss�ble to purchase the c�uplex and Mr. Frank's hame, he would pursue it. He stated that Mr. Frank and he have had many conversations regarding the. price, and Mr. Frank could sell his property for more than he can pay for it. . He stated that to purchase the property and then tear it down is not viable. He stated that as far as the duplex to the north, it is logical to have a duplex on this property. Mr. Harstad stated that in regard to the density, they have studied what could be constructed without asking for any rezoning or variance. He stated that the key, however, for this project is having enough density to make it viable. He stated that he could not eliminate buildings in order to make it a viable project at today's market and prices. Councilman Billings stated that there are two parts to the density; the number of units, and the size of the site. He stated that there is another piece of property, Lot 9, immediately to the south. He stated that if Lot 9 was purchased from the county and 41 FRIDLEY CITY COITNCIL MEETING_OF JUNE 20 1994- PAGE 12 added to the development, it would increase the density. He stated that he wrote a memorandum to Council on this matter and Mr. Harstad should have received �a copy. . _ � . . . �. � �. Mr. Harstad stated that he did receive a copy of the memoraridum, and his response is that the density becomes a function of the number of units per acre. He stated that this parcel is 3/4 of an� acre, and he questioned if they could add 3/4 more density. He stated that the �iece of land happens to be a steep hill and is not worth the amount of money the county.wants.for it. He stated that � to build on that property is prohibitive from a construction viewpoint. He stated that he would not object to purchasing`this parcel if he could plat a duplex lot on the northwest 'corner in exchange. . He also stated that possibly the City could purchase this lot for less_money and this would place it on the tax roils.. Councilman Billings stated that the _City's cost to.purchase this land would be tiie.same-as what Mr._Harstad would have to pay, or' $8,300. He� stated that the additional green space would have little or no impact on the value of the townhomes:-arid would not � really.not affec-t the amaunt of taxes that could be collected. Mr. Harstad stated that the option of adding units in exchange for adding additional acreage would come from the-west s:ide and�north end of the wetland. He stated�that the;area°�could::�conceivably handle additional units; :however; the soil is;so:poor that it.is cost prohibitive. . � - :. ., ,.. . . . � . -.- . ,:: �.:;1 Y- ,.:. . ' .��� :'•: w4 � . .:, .-_..� Mr. Harstad sta�ed that:`in regard to`the.`park c�edication fee, �he ' Parks and Recreation Commission made it clear they did �not �ant °the " land and wanted the dedication fee. - Councilwoman Jorgenson stated that she received two telephone ca�lls from residents indicating that �hey wouid not:attend-the meeting this eveniflg, as they.felt they were in a take it o�- leave it situation. She stated that there are a number of persons not here this evening because.they felt they have no choice, as it was pointed out at the Planning Commissio� meeting that considerably more units could be built-on this Iand. Mr. Harstad stated that the reason for bringing this up was the fact that an �partment cbmplex could be built without going through the pubZic hearing,and, frankly, he felt this would be a better development. He stated that if he came across that this was a take� it or leave it situation,. he. apologi�ed because it was not his intentior� to do so. - Ms. Valerie Rolstad, 1100 LyndQ Drive, stated that her concerns are that there is.just one entrance to the eomplex, the traffic impact, and the safety of the children going from the'townhomes:to the park. She stated that she felt this was a take it or�leave it situation a.nd the neighborhood either would get this development or an apartment complex. 4J FRIDLEY CITY COIINCIL MEETING OF JUNE 20. 1994 PAGE 13 Councilman Schneider asked Ms. Rolstad if increasing the density by eight.units and an.additianal-�c�ess.provided on�Hillwind Road . would satisfy.. her concerris. � . � � . . , � . Ms. Rolstad stated that she would feel better if there was another access on Hillwind Road. .. Councilman-:Schneider_�questioned �if .there �could be the ._same . . requirements-far access if .an-.eighty� or��inety unit apartment .. complex was constructed. � �Ms. Dacy s�ated°that there is:no cade reqi�irement; but staff would make a strong statement regarding access, as this would double the amount of�units proposed�in this development. � Mr. � Mick Norgreri� � 1161 �Regis �arie,'� stated tha� his -concern �is � tYie� � traffic. He stated.that with the school and people coming.from�the apartment complexes, it seems that adding more-density would only add to the.problem. He stated that he did not think.that access onto �Hillwind Road wouid do any-good because a person cannot get onto Central Avenue. He recommended _that Council deny �thiS proposa�. . .. - . Councilman Schneider. asked Mr. Norgren what he could �oresee on that property. that would not create a traffic problem, Mr. Norgren stated that he fe,lt there should -be single family homes on Fillmore Street and possibly a complex on the R-3 property. Mr, Bob Marty, 1140 Regis Lane, stated,that he agrees with Ms. Rolstad's and Mr. Norgren's comments. He asked if Lot 9 was purchased by the developer, would a road onto Hillwind Road be possible. , Ms. Dacy stated that staff has calculated the slope o� the hill but has not done an engineering analysis. Mr. Marty stated that there are a lot of neighbors that did not �ome to the meeting because they felt they were in a take it or leave it situation. He stated that he is opposed to the increased traffic and would like to see something done with the road system in that area �o create a better exit out of the neighborhood. Couneilman Schneider stated that a point he would like to make is that if a developer submits a project that meets the R-3 zoning requirements he does not have to come before the Council. Mr. Marty stated that if there is only one entry and exit, all the traffic will not go out onto Polk Street. He stated that traffic would also be increased on their street. Ms. Mary Lawrence, 5562 Fillmore Street, stated that she is con- cerned about the school with all the traffic. She stated that it is difficult to get out of the area on Polk Street so she uses Regis Lane. She stated that with the increased traffic, the school 4K FRIDLEY CITY COUNCIL MEETING OF JONE 20, 1994 PAGE 14 will have to iristall a fence to protect the children on the play- gzound, as. they do not look when they cross' the street_ ..�. . Councilman Schneider asked Ms. Lawrence what she would like to see on this property. � Ms. Lawrence stated that she is planning to sell, but �she is shocked they are proposing townhomes. Mr. Harstad stated that he did not blame anyone for being concerned about traffic. He felt that.once the land was developed it may actually slow down traffic,.and the single access should not be considered a negative point. He stated that this would work like a cul-de-sac, the neighbors would be policing their own street, and this tends to make-for..slower traffic.. He�felt that the residents would be happier with townhomes rather than an apartment complex. Mr. Harstad stated that he has worked with a number of cities over the years, and Barb Dacy and Michele McPherson really deserve a lot of credit. He stated that they were very careful to make sure all problems and concerns were on the table, ,and they have bee� more than candid and very professional. Councilwoman Jorgenson stated that part of the problem is the intersectiori of Fillmore Stre�t and Regis Lane. She stated that this seems to be a very dangerous corner, _and she asked if there were any plans to improve this area to straighten:out that curve. � -'��;:, . Mr. Flora, Public Works Director, stated that there are no plans, and the driveway entrance into the proposed development is at the flat spot of the hill. He stated that there is a good line of sight at that particular location. Councilwoman Jorgenson stated that there is a tendency for� ice buildup where the hill flattens out. She asked if` there is something that could be done to alleviate this problem. Mr. Flora stated that possibly more salt could be used to eliminate the ice. Councilman Schneider stated that he would encourage those that did not attend ttie meeting to call any of the Councilmembers with any points they would like ±o make which were not expressed at the Planning Commission meeting. He stated that he honestly believes this is the best proposal he has seen for this property. He stated that someone could develop this R-3 property without rezoning and --- it may be less desirable than this proposal_ He stated that there is nothing that ties the rezoning to this particular proposal, and he would want to be sure there is assurance that the development would proceed if the rezoning is approved. Ms. Dacy stated that the second and final reading of the rezoning prdinance would not be held until the City is assured that the 4L FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 15 project would proceed. She stated that the rezoning would alsa be condztioned� on the, vacat�ion and � pla� approval�s .. MOTION by.Councilman Schneider to close the public hearing on Rezoning Request, ZOA #94-02. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ar�d the public hearing closed at 10:00 p.m. MOTION by Councilman Schneider to close the public hearing on Vacation Request, SAV #94-02. Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared:.the motion� carried unanimously_and the public hearing closed at 10:00 p.m. MOTION by Councilman Schneider to elose the public hearing on Plat Request.,_ P_S. �#94-04. Seconded by Councilwoman. Jorgex�son. Upon . a. voice vote, all voting aye, �Iayor Nee �declared the motion carried unanimously and the public h�aring closed.at 10:00 p.m. OLD BUSINESS• . 4. RECEIVE AN ITEM .FROM THE APPEALS COMMISSION MEETING OF MAY 24 1994 : � A. VARIANCE REOUEST, VAR #94--05., $Y CHRIS RODGERS TO REDUCE THE STREET N.E. (TABLED JUNE 6, 1994,�: � Mayor Nee removed this item from�the table. Ms. Dacy, �ommunity .Development .Director, tated that the peti- tioner, Mr. Rodgers, is requesting a var' n�e from the front yard setback from 35 feet to 22 . 4 feet in rder to add . a-10 foot by 22 foot addition to the.front of his ome for purposes Qf expanding the kitchen area and entrance. Ms. Dacy stated that at the la Council meeting, Council requested information regarding the p perties on the east side of the street and setbacks of other hom in the a.rea. She stated that� there are three homes that are. n within the 35 foot setback, two are at 28 feet and one is 30 feet. She stated that Council also requested informati on setbacks on West Moore Lake Drive, which has been supplied Councilman Bi ings asked if variances were granted for the homes on 6th,Stre that do n.ot meet the 35 foot setback or if-they were non-confo ing us.es. Ms. Dacy. stated that they were non- conform' g. Coun lman Billings asked about the setbacks for homes on West Mo e Lake Drive. 4M June 20, 1994 August 15, 1994 TWIN CITY TOWNHOME DENSITY Original Proposal Current Proposal 9.0 units/acre 46.0 units/5.11 acres 8.2 units/acre 48.0 units/5.87 acres 0 � • . . . �. � . . . � ,� . � . - � .. � . , z�. . . . . . . .. .. . � . . Ai�] : � 4N , ;v j r � � � Community Development Department PI��I�TING DIVISION City of Fridley DATE: August 12, 1994 � FROM: William Burns, City Manager ,�`� FROM: SUBSECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator � Michele.McPherson, Planning Assistant First Reading of an Request, SAV #94-02, Hillwind Road N.E. Ordinance Approving � Vacation by Forrest Harstad; 971 The City Council conducted a public hearing regarding the`: vacation request, to vacate a portion of Highway 65 turn-back: _ property adjacent to Hillwind Road at its June 20, 1994;me+eting..: The City Charter requires that an ardinance be approved�:to,vacate all streets and easements. Staff recommends that the`City� - Council approve first reading of the attac�ed ardinance�vacating • the turn-back property_ �adjacent to `Hillwind Road. ��' rAn>,..��.nance._ declaring this property to be surplus and authorizing�the'-�sale thereof will appear later in the City Council agenda.'. The area to be vacated is approximately .7 acres, or 30,439 square feet. Because the City received title to the area in "fee simple'� , the City must not only vacate its ir�terest;: in the area _ as a"roadway" but also declare it as "excess". _�.' MM/dn M-94-450 ORDINANCE NO. AN ORDINANCE ONDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDI% C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate that part of Lot 6, Lot 7, Lot 8, and Lot 9, all in Auditor's Subdivision No. 25 lying in the Southwest Quarter of Section 24, Township 30, Range 24, Anoka County, Minnesota, described as lying between the following described LINE l and a line 40.00 feet northeasterly of and parallel with the following described LINE 3. LINE 1 is described as eommencing at a point on the east line of Section 24, Township 30 North, Range 24 West, distant 181.30 feet north of the southeast corner thereof; thence run northwesterly at an angle of 78 degrees 39 minutes 45 seconds from said east section line (as measured from north to west) : a distance of 4081..10 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds a distance of 244.00 feet,ta the point of beginning of LINE 2 to be described; thence deflect to the left at an angle o.f 90 degrees 00 minutes 00 seconds a distance of 278:65 feet; thence deflect to the right at an angle of 25 degrees 44 minutes 00 seconds a distance of 980.13 feet and said LINE 2 there terminating; thence continuing ' northeasterly from the point of termination df said LINE 2 at an angle of 90 degrees 00 minutes 00 seconds to said LINE 2 a distance of 35.00 feet to the point of beginning of LINE 1 to be described; thence southeasterly to a point distant 110.00 feet northeasterly of (as measured at right angles) a. point on said LINE 2 distant 550.31 feet . northwesterly of its point of beginning; thence southeasterly to a point distant 40.00 feet northeasterly of (measured at right angles) a point on said LINE 2 distant 115.06 feet northwesterly of its point of beginning and said LINE 1 there terminating. LINE 3 is described as commencing at a point on the east line of Section 24, Township 30 North, Range 24 West, distant 181.30 feet north of the southeast corner thereof; thence run northwesterly at an angle of 78 degrees 39 minutes 45 seconds from said 5A. Page 2 - Ordinance No. east section line (as measured from north.to west) a distance of 4081.10 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds a distance of 244.00 feet to the point of. beginning of LINE 3 to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds a distance of 276.43 feet; thence deflect to the right at an angle of 25 degrees 46 minutes 30 seconds a distance of 980.17 feet and said LINE 3 there terminating. All lying in the South Half of Section 24, Township 30, Range 24, City of Fridley, County of Anoka, State of Minnesota. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Gode shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: June 20, 1994 First Reading: Second Reading: Publication: � � � O �� � � —.�.�-! �1 � �� , � � Forest Harstad P.S� ��94-04; SAV ��94-02; ZOA 4�94-02 y� d� t a� � . � � ��; q, � 4 ����� ���� �� a�� o = ������ �� � � � R�� 1'r2.-}S d.iOWl 1 I.i � : ; O N � n O h I Z m 2 f� r '.y Y �V g � s � � � ��i���' � ��g�Z�� �:�.dy�h a���ai�� ��� •�t� ������5 �l�C��Y: �� AREA TO BE VACATED e � - [� Community Development Department � • � PLAI�TNING DIVISION City of Fridley DATE: August 11, 1994 To: William Burns, City Manager c��. � � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant . . SUBJECT: First Reading of an Ordinance Under Section 12:06 of the`City Charter`Declaring Certain.Real Estate , � to be Surplus and Authorizing the Sale The�eof_ The City Charter.requires that the sale°>of all.,public lands occur via ordinance. Staff:has prepared for t2ie City.:Council's review.- and approval an`ordinanc� to declare the:vacated`turn-back - property adjacent:'to.HiliwindnRoad:excess and,�to:a�thorize its .. sale to Twin City Townhomes:'�This property will`be°added`to.the condominium plat for the construction of-48 condominium units. � -� - . - , �. > , . � � � Staff recommends the City Council approve the<'Yfirst=rea ing of� the attached ordinance. Approval of the first��reading of an ordinance requires a 4/5 vote by the City Council. l�i/dn M-94-451 p , . ORDINANCE NO. AN ORDINANCE IINDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SIIRPLIIS AND AIITHORIZING THB SALE THEREOF The City Council of the City of Fridley does hereby ordain. as follows: SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: That part of Lot 6, Lot ?, Lot 8, and Lot 9, a11 in Auditor's Subdivision No. 25 lying in the Southwest Quarter of Section 24, Township 30, Range 24, Anoka County, Minnesota, described as lying between the following described LINE 1 and a line 40.00 feet northeasterly of and parallel with the following described LINE 3. LINE 1 is described as commencing at a point on the east line of Section 24, Township 30 North, Range 24 West, distant 181.30 feet north of the southeast corner there:of; thence �run northwesterly at an angle of 78 degrees 39 minutes 45 seconds:mfrom said east section line (as measured from north*.�to. west) _ a distance of 4081.10 feet; thence deflect to the right at an angle of 90 degrees OO .minutes 00 seconds a distance of 244.00 feet to the point of . beginning of LINE 2'to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds a distance of 278.65 feet;. thence deflect to the right at an angle of 25 degrees 44 minutes 00 seconds a distance of 980.13 feet and said LINE 2 there terminating; thence continuing northeasterly from the point of termination of said LINE 2 at an angle of 90 degrees 00 minutes 00 seconds to said LINE 2 a distance of 35.00.feet to the point of beginning of LINE 1 to be described; thence southeasterly to a point distant 110.00 feet northeasterly of (as measured at right angles) a point on said LINE 2 distant 550.31 feet northwesterly o� its point of beginning; thence southeasterly to a point distant 40.00 feet northeasterly of (measured at right angles) a point on said LINE 2 distant 115.06 feet northwesterly of its point of beginning and said LINE 1 there terminating. . ` Page 2 - Ordinance No. LINE 3 is described as comraencing at a point on the east line of Section 24, Township 30 North, Range 24 West, distant 181.30 feet north of the southeast corner thereof; thence run northwesterly at an angle of 78 degrees 39 minutes 45 seconds from said east section line (as measured from north to west) a distance of 4081.10 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds a distance of 244.00 feet to the point of beginning of LINE 3 to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds a distance of.276.43 feet; thence deflect to the right at an angle of 25 degrees 46 minutes 30 seconds a distance of 980.17 feet and said LINE 3 there terminating. � All lying in the South Half of Section 24, Township 30, Range 24, City of Fridley, County of Anoka,. State of Minnesota. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Co�tncil is hereby � authorized to sell or enter into a contract to sell said property. SECTION 3. The Mayor and City Clerk are hereby authorized to _ sign the necessary contracts and deeds to affect the sale of said property. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK First Reading: Second Reading: Publication: .: r � � � Community Development Department PLANIVING D1VI5ION � City of Fridley DATE: August 11, 1994 TO: William Burns, City Manager `�� A' FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinato�. Michele McPherson, Planning Assistant SUBJECT: Plat Request, P.S.:#94-04, by Forrest Hillwind Road N.E. HaXstad; 971 The City Council at its June 2.0, 1994 ineeting conducted a publie �:. hearing regarding the plat request. The.City Council requested that the petitioner pursue purchasing Lot 9 to:the south o� the .- proposed development from Anoka County, as it was<tax fox'feit. The petitioner could increase the�_number:of,:units in #he-proposed i.�- development to 48 in exchange for�the increased area provided>by Lot 9. The City Council also asked for an analysis of a second I access through Lot 9 . - ;� 4 �� � � � s � , � �. <r . . . ... . . . . .. . � � .,'Y-' � . . f Y i'S W, ... . The petitioner has submitted a proposed:road design for a Y j secondary access onto Hillwind Road using the'land ,area•provided :I by Lot 9. The petitioner has also purchased Lot 9"on contract" from Anoka County. Staff reviewed the proposed road design and re�ommends-�that the> City Council not require the petitioner to construct the second access for the following reasons: 1. Turning radiuses into the.development are difficult from Hillwind Road. Entering�the development from Hillwind Road, a driver must make a quick right. If 'th� driver does not respond quickly enough, the car could continue o€f the drive and over the retaining wall. At the bottom of the driveway, drivers will be required to make a left turn to go into the western part of the development. This is also a tight radius. 2. The proposed grade of the driveway is 10.5$. For safety purposes, driveway grades should be less than. 10� (Kerry Lane is 16�). Icy conditions, combined with the turning radiuses identified in'#1; decr.eases the level of safety of the proposed design. �I � � {. P.S. #94-04, by Forrest Harstad August 11, 1994 Page 2 3. The distances between only 160 feet. There by the second access. the first and second access is is no location advantage provided 4. A ten foot high retaining wall is proposed along the north side of the driveway. A fence would need to be placed on top of the wall to prevent children, adults, pets, etc., from falling off the wall. Drivers missing the turn could also drive off the top of the wall into the end units. 5. The retaining wall would not be as aesthetically pleasing to look at as the existing trees and vegetation on the site. The petitioner has proposed a two unit building at the end of Polk Street. The lot as platted does not directly abut the Polk Street public right-of-way, but a street and utility easement was� dedicated across the northeast corner of the property at 961 Hillwind Road. The Engineering Department�has requested that.the petitioner construct a cul-de-sac at the end of Po1k Street to serve the new lot and to provide a turn around for snowplows and; emergency vehicles. The petitioner will object to this stipulation. ' The City Attorney has reviewed the stipulations and has;y�. recommended that the City enter into a development agreement with the petitioner. He has also recommended that some of the proposed stipulations be included in the development agreement, and some of the stipulations will need to.be included in the condominium declaration. The remaining stipulations are a variety of agreements which need to be recorded against the property with the adjacent property awner. The stipulations in Exhibit A of the resolution reflect the Attorney's recommendations. _ Recommendation Staff recommends that the City Council review the stipulatians attached as E`xhibit A. The City Council will approve the resolution at a future meeting when the final mylars have been approved by Anoka County. In the interim, staff recommends the City Council approve the final plat subject to the stipulations in Exhibit A, subject to approval of the final plat mylars by Anoka County, and subject to final approval of the resolution at a future City Council meeting. MM/dn M-94-447 7A RESOLIITION NO. - 1994 A RESOLIITION APPROVING PLAT, P.B. #94-04, HILLWIND TOWNHOMES WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #94-04, on May 18, 1994, and recommended approval with stipulations; and WHEREAS, the City Council also conducted a gublic hearing on the � proposed Plat at their June 20, 1994 Council meeting and approved� the Plat at their meeting; and . � . . NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the P1at,.P.S. #94-04, Hillwind Townhomes, with stipulations attached as Exhibit A, and " authorizes the Mayor and City Manager to sign the Plat as . - prepared by R. E. Stransky Land Surveyors.. � BE IT FURTHER RESOLVED that the petitioner is requested.:to.record this Plat at AnokaR::County within six (6) months or said'�pproval with become null and void. - PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: E WILLIAM A. CHAMPA �- CITY CLERK : , WILLIAM J. NEE.- MAYOR Page 2- Resolution No. - 1994 Exhibit A 1. The petitioner shall enter into and record against the. property a development agreement with the City. The development agreement shall include and the petitioner shall comply with the �ollowing stipulations: A. A stop sign shall be placed at the intersection of the private drive with Fillmore Street. B. The grading/drainage/erosion control plan shall consider the stormwater from the Western Ridge Estates development to the south. Revised drainage calculations addressing the entire drainage area, including the units adjacent �o Polk Street and • Hillwind Road shall be submitted. The calculations shall be signed and�stamped by a Registered Engineer.. C. The petitioner shall obtain a permit from.the Rice Creek Watershed District prior to the issuance of a� building permit. The petitioner shall comply with the requirements of the district permit. . D. The grading plan shall be amended to indicate-the. number of trees to be preserved. _ E. The petitioner.shall•.pay a park.dedication:fee.;of .. . $750.00 per unit (48 units at $750.OU equals $36,000) prior to the issuance of a building permit. F. The landscape plan shall be revised to provide 15 six ,� foot evergreen trees. Und�erground irrigation shall be provided along the R-1 property (5512 Fill.more Street). Ten 6' B1ack Hil1s Spruce trees shall be plarited along . the north lot line. � G. The petitioner shall submit a letter of credit in the amount of 3� of the construction value, not to exceed $60,000, to cover the outdoor improvements. H. The` utility iines shall be designed according to the City of Fridley Standards and requirements. The City shall inspect the construction of the utilities. A plan and profile drawing of the sanitary sewer shall be submitted. I•. Based on the review of the submitted grading, drainage, and utility plans dated June 23, 1994, the following information shall be submitted. 7C Page 3- Resolution No. - 1994 (1) A rocked entry point will need to be installed for access during construction. Provide a detail of such on the plan. (2) Clearly show the water and sewer services for the buildings adjacent to Hillwind Road and Polk Street. Clearly note size and location of existing mains. (3) Modify the 15-inch RCP pond inlet so it directs the flow of water toward the pond outlet. Install rip-rap at the end of the 15-inch RCP. (4) Provide two complete sets of calculations and drawings. (5) Install concrete cross gutters and aprons at all driveway and street entrances. (6) Clearly note the location of all public easements on all drawings. 2. The petitioner shall record a condominium declaration i� complianee with State Statue 515A. The declaration shall include and the petitioner shall comply with the following stipulations: A. The association shall.be responsible for the plowing, maintenance, and repair of the private roads and driveways. The declaration shall permit emergency vehicle access. B. The driveway shall be signed "no parking" on both sides. C. The association shall be responsible for the operation and maintenance and repair of the stormwater. D. The association shall authorize the Public Works Department flush the hydrants in acaordance with City pol`icies . E. The association shall be responsible for the maintenance and/or repair of landscaping. F. The condominium declaration shall include the layout of the project as submitted on the site plan dated June 23, 1994. The declaration shall comply with the , requirements of Minnesota Statute Chapter 515A. 7D Page 4- Resolution No. - 1994 3. The condominium declaration shall require the association to repair and maintain the private utilities. 4. The petitioner shall execute and record access, maintenance, and repair easements against the development parcel and 5512 Fillmore Street to allow the resident at 5512 Fillmore Street to use the access drive. 5. The petitioner shall draft, for City Attorney review, and execute and record a hold harmless agreement indemnifying the City from liability for the private improvements as a result of work on the public sewer line. 6. The petitioner shall construct a cul-de-sac.at the end of Polk Street. 7. The petitioner shall submit a letter of credit in the amount of 3� of the construction value, not to exceed $60,000, to cover the outdoor improvements. 8. The condominium declaration shall include the layout of the project as submitted on the site plan dated June 23, 1994. The declaration shall comply with the requirements of Minnesota Statute Chapter 515A. 9. The grading and drainage plan shall be amended to conform with the recommendations stated in Scott Erickson�s memos dated May 13 and June 8, 1994. � 10. Outlot A shall be included in the subdivision with Outlot A containing no more than six residential units. Access to the residential units shall be directed onto Hillwind Road. 7E f '•a � , �. P.S. ��94-04 Forrest Harstad 1 : ' i :f p » 1 A3n - ,�„ t � . : N-�. Y � ) a ° t ' ,� � �. , , , � � n � Hz �,� �,� � f. s � ,r �"�x °, k tz a�a+x�� ` { s- , t.� `t ss�s' ���" � �ax` 3 c�y� T i �g y#'a {� . _ �� `1�. _i��. 4+- e'"� 4 J '� � � `S.�$'� r ri i ✓ � �.,. .c'"'�x' � �Syi • :� 1'� '-"4P : r �x r � � �•- i»• > > - t �, .. �'« �j H`�.<.iSy . . �''r�+�: 5.'i'T,�`.� �,:. � .J'..��.> ,:{ �cp,,. � k � +""�,� :µyl. r� i +; S � ,.� ar� 5 � _ e �*. �" � ^,F� .�� ..a� �" rt� t`'`P �tf s t. i <"y: �.r7 "' _ ✓ . ,� l,a( � �_ �:r ,~•.1 . . ,•�1� A -V i �` :. �... . ',_�y""h� =�st�w� � . 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'� � .i � � � i > i _ /� / I / j � ✓ / � �, / � % " / � � �, � ; i ---_ _�i � _.- -- � - - �% -1 _� �_ f- 7G ;; � June 20, 1994 , August 15, 1994 TWIN CITY TOWNHOME DENSITY Original Proposal Cucrent Proposal 9.0 units/acre 46.0 units/5.11 acres 8.2 units/acre 48.0 units/5.87 acres _ _ �?�:- ,, , 7H � �.: � � Community Development Department. t ' � PLANIVING DIVISION City of Fridley DATE: August 11, 1994 A TO: William Burns, City Manager �'��,, FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #94-02, by Forrest Harstad; Generally Located at Hillwind Road and Fillmore Street � The Appeals Commission reviewed the variance request at its May 24, 1994 meeting. The variance request is in three parts: 1. To reduce the front yard setback from 35 feet to 30 ` feet. . ��- 2.� To reduce::the setback for.a patio in the front yard �. :. _ from 25 'feet to 18.9 feet. :,, . s.; ._ , 3. Increase the width of the a driveway from 32 feet to 36 feet. The Appeals Commission voted unanimously to recommend approval�of the variance request subject to the.following stipulation: 1. Rezoning request, ZOA #94-02, Vacation request, SAV #94-02, and Plat request, P.S. #94-04, shall be approved. NIl�I/dn M-94-448 . � S TA�F REP O RT Community Development Department � Appeals Commission Date May 24, 1994 Planning Commission Date City Council Date : August 15 , 1994 APPLICATION NIIMBER: ♦ VAR 94-02 PLTITIONFR• ♦ Forrest Harstad representing Twin City Townhomes LOCATION• ♦ 971 Hillwind Road, generally Iocated northeast`of Hillwind Road and west of Fillmore Street REOUEST• _ ♦ Reduce the front yard setback from 35 feet to 30 feet. Reduce the setback for a patio in: .th`e front yard ' fram � 25 = ;: feet to 18.9 feet: Increase `the width of .a' driveway. from.�32 feet:,to 36�'�feet.`�..�..�� `�" ��� � BACRGROIIND: . ♦ The petitioner is proposing to construct 41 condominium units on the subject parcel. The parcel is zoned both R-1, . Single Family and R-3, General Multiple Family.�- �he Planning Commission reviewed a rezoning; vacation, and plat: request.for the project at its May 18, 1994 meeting. All of the variances apply to the building located adjacent to Fillmore Street. Four units will be-affected by the variance request. ANALYSIS• ♦ Front Yard Setback ' Section 205.09.03.D.(1) of the Fridley Zoning Code requires a front yard setback of not less than 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 � f ront• yard . � Staff Report VAR #94-02, 971 Hillwind Road N.E. by Forrest Harstad Page 2 ♦ ♦ The petitioner requests that the front yard setback be reduced to 30 feet. There is adequate room on site to meet the setback requirement, however, the petitioner would prefer not to reduce the 24 foot wide private driveways between the buildings. Two buildings are located perpendicular to the north lot line. Shifting the building pads toward the wetland would also increase the slope near the wetland from the edge of the driveways. A total of 37 feet remains between the dwelling and the curb. The twinhome to the narth_is set back 35 feet. In the past, the City has granted variances to the front yard setback of 22; 17.5, and 13 feet. This request is within these variances. Front Yard Patio Setback Section 205.04.06.A.(3) requires decks to not extend more than ten feet into any re'quired front yard setback. Public purpose served by this requirement is to maintain � • appropriate green space and to prevent the appearance of overcrowding in residential neighborhood5. The proposed condominium design includes patios.with-..privacy��., walls adjacent to the front entries:. Unenclosed�decks'and patios are permitted to encroach l0 feet into the front and .. rear setbacks. The typical encroachment would result in a 25 foot setback. Due to the request to reduce the front -. yard setback, the setback for the patios will also be reduced. Because the patio is not enclosed, site lines � shouid not be affected. � No similar variances have been requested in tY�e past. Driveway Widths Section 205.09.05.D.(4).(a) of the Fridley Zoning Code requires`a maximum driveway width of 32 feet. Public purpose served by this requirement is to provide adequate space to safely maneuver vehicles. The petitioner is proposing to construct two car garages part of the unit design. The driveways in front of the - individual garages are proposed to be 36 feet wide. The : : as R-3 � Staff Report VAR #94-02, 971 Hillwind Road N.E. by Forrest Harstad Page 3 regulations limit the width of a driveway to 32 feet. The regulations do not distinguish between an individual unit driveway and driveways that serve entire developments. The R-1 and R-2 regulations do not limit the width of a driveway to single family units or duplexes. One of the twinhomes north of the subject parcel has a driveway width of 38 feet. No similar variances have been requested in the past. The code appears to assume that driveways in R-3 serve the entire development versus driveways for individual units. STIPULATION• ♦ If the Commission chooses to approve the requests, staff recommends the following stipulation: 1. Rezoning, ZOA #94-02, Vacation, SAV �94-02, and Plat, P.S. #94-04, shall be approved. APPEALS COMMISSION RECOMMLNDATION . ♦ The Appeals Commission unanimously recommended approval of the three variance requests subject to: 1. Rezoning, ZOA #94-U2, Vacation; SAV #94-02, and Plat, P.S. .#94-04, shall be approved. 8�r , Mal'-�3-139� 1�� �,9 _� 'Twin City '�oWri%.OirieS, Inc. -Hprstad Q,ishlir.�� r.►ad Dr:e�n $islte 1959- 1250 Ea.i Mix`��C _�nC DRIYE. SVRE 2G0, fRID1.EY, tdN 55432 X7U-4(]W Ciiy of Fridley 6431 Uruversity Ave Fridley, MN 55432 G12 S�2 8872 P.01iO3 Post-iY Fax Note 7671 ��s� �,�.,�.��,�► � To�t�� �' �rl�4�� From c°'°e�t. �1,oh� �' °°`,� re: Variance requests for Fiillwind Townlzornes. Dear City af �'ridley: 'S 7 � �-- / 2 S 7 / � 7Z3 - � �3 S72 � � 9L 2U May 94 This lang-vacant, irre�larly shaped parcel is abutted by townhomes to the soutli, �ecway firont�;e road to the southw�si, comrnercial buildings to the w�st, aparbment buildings to the northwest, duplexes tc� the north, a�rade scliool across the street to tl�e east, and an old single .. family farm home at its south�ast cvz�aer with newer single family homes further east of that .. l�ividing the parcel in two {appro�timately one-third to the west aad two-thirds to the east) is a proportio�xately large w�tland. The zoning af the parcel is approxiiriately twathirds high density, � �-< _:.. _. .. , :. .multi-family:residential �t�-the;.w��t, and one-third singlE family residential �to t.he,;:east. T�ie� . �:.: :�._ . ---. - wetland is ther�fo�e entirely withi.n tl�e liigh dertsity zone. . ' Naturally, the sail adjacent to the weHand is poor t'or eonshuction. It so happens ti�at �the '- soil to the west of this wetland would need prahibxtively expensive correctidn in order tv support a building. The soil iinmediately to the east af tlus wetland is poor taa, but not nearly as poar as that to the wesi. The result is such that a multi-iarnily building which was large �nough ta � - include somewhcre near the maximum number of apartments allowed b� the present zoning waulrl justify the soil correction cxpevse, but only by using the maximum number� of floors allowed so as to keep the foatprint of the building mi„Tmi�A�. That means a six-story apartment building -1 Op feet by 2U0 far a total of 120,000 square feet works�- which adds up to over 100 a�artmments. It sa happens that the por.Eion af the pazeel thatis zoncd hi�h-density is large enough to handle the parking n�cessary for such an apartment building by putting about onc-third of the stalts across from the a�ar�ment btcilding on �he west side of the wetland. Now, ti�e wetland confi�uration includ�s a lon�, narrow finger jutting southwest elear to a wery steep embaukment alang the southvvest bordex of. the properiy up to T�illwind Road. (This wctland was at leas# partialIy created by a storm water drainpipe installeri in ihafi en�bankment somc years ago to drain the cloverleaf interchange of the nearby highways 694 and 65). '�us, the configu�ation of the wetlands and the embankment prohibits aecess between the buildable � pvrti oz� o€ the parcel east of the wetlands and Hillwind Road to tl�e south andior �ovest, .as well as with polk Sfire.�t to the northv�rest. Bcrt with a relatively inexpensive foot brid�e across the uarrow part_of'the vveiland, parkin�; for tlie apartment building can be divided so as to provide access to �11 three of the nearby streets without havin� to rnitigate wetland. :� � 612 5�� �8�2 J'1AY-�3-1'��4 1'�:4�� nl? s72 �+572 F. Et2/03 Thus, a Iarge apartment building and a few entry lcvel, si»gle family ham�es u�i.11 fit the parcel just as it is zoned today with no need for any va�aance request at al�. This all adds up to the market value of the land taday. The present landowners want to sell the land; and, they hav� novtir been apprc�ached by a buyer who wou�d like to do just such a project there_ $u# a high-rise a��rtnient building is defYnitely not in the best interest of the neighbors or the City. Which alI together makes £or hardship. The highest and best use ofthis land today is not a]aigh-rise apartn�ent bu�lding. Considerin� the variety of neighboring land uses, zt is a new nei�hborhaod of owner-oceupied townhomes. Townhomes would make ihe perfeci transition i�etween alI of the neighboriag land uses. Twu� City Townhomes entered into agreement with the landowners befoz�e the apartmeni developer eame along. We have buyers today clamoring for our t�igh-qualiiy, upper�mid d.ensity townhomes like those which have been so we1Y reeeived in St. Anthony �illage, Vadnais 1�Teights,l�Tew Brighton, and Spring Lake Fark. Tlus parcel happens to work for our towr�hamies s� tl�at we can pay the Iandawne.rs what they want -and can get- for their land iod�y -but only if we can get enou�h u�its approved, a�d then. prnvide a hi�h enough quality development,that the � buyers of the day w�ill pay enough to justify the price of the �arcel of raw land. Therefor t.�ie configuration of the wetlands alang with the topography of the parcel, plus the condition af trie soils necessrtates a r�quest For zoning ahan�e or special use pemiit as well as ,. - . _,.t.�. .�::._.. for three zninor var'ianccs in� order�fo �viably provide ttie quality neighlaorhood that Twin City� �. Townhomes builds so successfully. We need 41 units an the east sidE of the vvetland to include . � th.at portion whieh is tociay zoned single family, along with �ve units along i3illwiad Road on the west, plus an agree�ent that part of the park dedicatioi� requirement will be met by tihe _ dedication of that part af the parcel which is narthwest of the wetland: That's 46 units of : owner-occupied tati�ihomes with a sma11 park, verses over 100 units af rent�d apartments with a larg� parking loth. � VGe d�z�'t need a.l1 the variances to do this development. They just improve the qu�.li.ty of the new neighborhood. Those variances are: a reduction of the setba�k requirement for the buildin� facing FiIlniore (a mere 5 feet), a reduction of the setback requirement for the p�ivate patios att�ie frant dc�ors of ihe two itrterior units that face Fillrnare (I S feet of concrete patia with a priv�cy screen and la�adscaping in front af it), aild an increase in driveway width for the two driveways at the ct�rb oi'Fillmc�re (� feet• extra -which is still narrower than �ther driveways on thc: sam� street in the in-�n�lediate nei�hbonc�.�od.) Tlie Fillmore s�t:back vari�rices allvws wider, safer streets between buildin�s, and a safer sl�pe to the �jetland on ta�eir west. The extra, drive�vay widih at the curb af Fiimore allows atrai�ht driv�v���ys ratlier tl�an pinched down at the curb, which help keep snowplows from damaging �andscapin� and which offer greater of�f sireet parking fo.r a more a�pealing new . neighbarhavd. In a nutshell: : .t.: � OlL J!L OOiL MAl'-c3-1'�9� 1'���1� „ r x3�aSitip: h12 572 8872 P.�3iO3 $ecause the 1991 Wetland Conservation Act requires avoidance of all wetla.nd imnpacts, the topography di the land as it is camplicated by the position of the biscctin� wetland prolubits access between th� eastern.,larger portion of the parcel and the roads to the southwest and noz thwest. Tha�, combined with the diversity of the surrounding Iand uses, and with the �act tbat the neighbors strongly prefer as few units as possible, and as little additional tra�ic as possible make for significant hardship since #he density that the parcel demands for �iability as it has been zoned since 195 $ is high. Further, the soils to the west of the wetland aze not canducive to the constructian o£a building. The hardship is best resolved by a n�w neighbarhood of high-quality townY►omes. That higher quality d�mands wi.der streets and driveways tban the site affords without vaziance�. Thus, the �variances are in the best interest of the comunity. Solution: Approve the prc�posal with the three variance requests. . _ - -� Sincer�ly, . .__._ - � __ . _ �..,�-^ �--� Forrest YC. Haz ad � CEO, T�vin City Townhomes, Tnc. FKH/m� � � , � �/'.u��.._ . � C��i ' , � .�+. � - dy I '? T C>ra�mqn i C,� �7�� � � � .� w� w — � 'L � �� I � I � '� ----- �------------1-------- ' (� I I � - Forest Harstad P.S. ��94-04; SAV �i94-02; ZOA ��94-02 l� � l.YNOE I a �. V . K <; � ��a � � • e� � � ` �� � � � � 7l1 — � 1 sn !� � � �� _ � � _ L � � SS � .,� � cq��,�� _.. .�,,,.. . --------------------------------- --- -------------- ...... ---� ------ - , � 3q �iaso� . � ��,�� 1 i1-�� - �;� , � � _ , ---+------------- --- -- -- - ------------ --- -------------- ---y------, -------- ' � 'f�-.-__ _-" ! V �f/ j!1 K flf . /.r <-.___ `vi�� N6�0- S '� -'------- I �,, �O�WES'T�R� 06E � " �'°� ; r~ � �,)111� `� ------ t i :1 :ne� '------ , s � v � rJ ---CD1Y00. 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'. . - . {����f. .� . . s ; ' ������ �� �g����� �t� � b ����a� ���� � � oa ������� � ��i���re . �a �� � �� � SI�'E PL`AN Forrest Harstad P.S. #94-04; SAV �94-02; ZOA �94-02 i___ --�J V J W � 0 _ � � .- � _ �_ 3E.CQ' ��' , � , � 1' ___�_ ...�� . ^ �' 1 � � � � ,; '1 i' `N .:T - SiTE PLAN FRONT YARD VARIANCES GRANTED 1986 - 1993 Variance # Address VAR #86-01 6715 Ashton Avenue VAR #86-27 105 - 71 1/2 Way VAR #86-28 5330 - 4th Street VAR #86-34 537 Fairmont Street VAR #87-14 5200 Lincoln Street VAR #87-16 565 Cheri Lane VAR #87-28 5660 Arthur Street VAR #87-30 6133 Woody Lane VAR #87-31 7231 East River Road VAR #88-12 5201 Pierce Street VAR #88-23 6405 Van Buren Street - VAR #89-16 7110 Riverwood Drive VAR #89-21 590 Kimliall Street VAR #90-13 5720 Polk Street VAR .#90-15 590 Kimball Street - VAR �90-16 110 - 64 1/2 Way VAR #90-17 6420 A1den Way VAR #90-22 685D Brookview Drive VAR ##91-02 600 Buffalo Street VAR #91-09 � 5218 Matterhorn Drive VAR #91-11 570 Ironton Street VAR #91-12 405 - 57th Place VAR #92-09 5096 Hughes Avenue VAR #92-14 _ 991.- 67th Avenue VAR #92-16 6700 Anoka Street : � Variance Granted 35 ft. to 9 ft. 35 ft. to 25 ft. 35 ft. to 14 ft. 35 ft. to 26 ft. 35 ft. to 25 ft. 35 ft. to 16 ft. 35 ft. to 28 ft. 35 ft. to 25� ft. . 35 ft. to 25 ft. 35 ft. to 15 ft. � 35 ft. to 26 ft. 35 ft. to 30 ft. 35 ft. to 2,9 ft. - 35 ft. to 18 ft. 35 ft. to 23 ft. 35 ft. to y34.31 ft. ' 35 ft. to 21 ft. 35 ft. to 31 ft. 35 ft. to 14.5 ft. 35 ft. to 29.5 ft. 35 ft. to 21 ft.' 3S ft. to 14 ft. 35 ft. to 29.5 ft. 35 ft. to 17.5 ft. 35 ft. to 21 ft. 0 Front Yard Variances Granted 1986 - 1993 Page 2 Variance # Address Variance Granted VAR #93-08 180 Liberty Street 35 ft. to 34 ft. VAR #93-13 6810 - 7th Street 35 ft. to 32.7 ft. VAR #93-18 5831 W. Moore Lake Dr. 35 ft. to 31.3 ft. VAR #93-22 275 Ironton Street 35 ft. to 8.2 ft. VAR #93-24 71 - 63 1/2 Way 35 ft. to 22 ft. VAR #93-31 7536 Tempo Terrace 35 ft. to 30 ft. VAR #93-32 102 - 71st Way N.E. 35 ft.,to 28.44 ft. VAR #93-32 7095-99 Hickory St. 35 ft. to 31.ft. � � ', r : , � y CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 24, 1994 ______.,__________________.._________....______________..__.________..__ CALL TO ORDER• Chairperson Savage called the May 24, 1994, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Diane Savage, Larry Kuechle, Ken Vos, Cathy Smith Members Absent: Carol Beaulieu Others Present: .Forrest Harstad, Twin City Townhomes Bill Johnson, Amoco 0i1 Richard Larsen, Amoco Oil , Chris Rodgers, 6050 - 6th Street �I.E. See attached list APPROVAL OF MARCH 29.,1994. APPEALS COMMISSION MINUTES•. MOTION by Ms, Smith, seconded by Dr.'Vos, to approve the March 29, 1994, Appeals Commission minutes as written. - UPON A<<VOICL VOTE,`:ALL`VOTING AYE, CHAIRPBRSON,SAVAGE�:DLCLARED.THE , < MOTION CARRIED` IINANIMOIISLY. '. _ ` '; � � ��. l. CONSIDERATION OF VARIANCE REOIIEST, VAR #94-02 BY TWIN CITi� TOWNHOMES: � Per Section 205.04�.06.A.(3) of the Fridley Zaning Code,.to reduce the setback of a deck/patio in the front`yard from 25 feet to 18.9 feet; Per Section 205.09.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 30 feet; Per .Section 205.09.05.D.(4).(a) of the.Fridley Zoning Code, to increase the width of a driveway from 32 feet to 36 feet; To allow the construction of townhomes on the following property (971 Hillwind Road NE.): That portion of Lot 6, Auditor's Subdivision No. 25, lying in the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 24, Township 30, Range 24, Anoka County, Minnesota, EXCEPTING therefrom the easterly 650.00 feet thereof`and EXCEPTING therefrom the norther�y 80.00 feet : APPEALS COMMISSION MEETING, MAY 24, 1994 PAG$ 2 of said Lot 6 lying easterly of the northeasterly right-of- way line of the Outer Drive (Hillwind Ro�d) of the State Trunk Highway and lying westerly of a line 1253.20 feet westerly of the easterly line of said Lot 6, as measured at right angles to and parallel with the east line of said Lot 6. AND that portion of Lot 7, Auditor's Subdivision No. 25, lying 'in the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 24, Township 30, Range 24, Anoka County, Minnesota EXCEPTING therefrom the easterly 650.00 feet thereof and EXCEPTING therefrom the southerly 55.00 feet of the westerly 150.00 feet of the easterly 800.00 feet thereof and lying 40.00 feet north-easterly of LINE 3 which is described as commencing �at a point on the east line of Section 24, Township 30 North, Range 24 West, distant 181.30 feet north of the southeast corner thereof; thence run northwesterly at an angle of 78 degrees 39 minutes 45 seconds from said east section line.(as measured from north to west) a distance of 4081.10 feet; thence defleet to the right at an angle o€ 90 degrees 00 minutes 00 seconds a distance of 244.00 feet to the point of beginning of LINE 3 to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds a distance of 276.43 feet; thence deflecting to the right at an angle of 25 degrees 46 minutes 30 seconds a distance of 980.17 feet and said LINE 3 there terminating. AND that portion of Lot 8, Auditor's Subdivision No. 25, lying in the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 24, Township 3Q, Range-=�°24, Anoka County, Minnesota EXCEPTING therefrom the easterly.800.00 ieet thereof and lying northeasterly of the previous�.y described LINE 3. - Subject to easements of record. , MOTION by Mr. Kuecl�le, seconded by Ms. Smith,•to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEid AT 7:32 P.M. Ms. Dacy stated the subject parcel is located west of Fillmore Street and south of Polk Street. It totals 5.11 acres in size. The property is zoned both R-1, Single Family Dwelling, and R-3, General Multiple Dwelling, the R-3 being primarily on the western portion of the property and totalling about 3.44 acres. The R-1 portion of the property �abuts Fillmore Street and totals 1.67 acres. Ms. Dacy stated the petitioner is proposing to develop_the 5 acre site into condominium units. The subject of this variance pertains to the easterly-most building which is an eight unit condominium building which abuts Fillmore Street. Four units immediately face C•]►I APPEALS COMMISSION MEETING. MAY 24, 1994 PAGE 3 Fillmore Street and the remaining four units are to the rear and. face to the inside of the development. This bu�lding is one of five buildings proposed to be constructed on the eastern portion of the property. � Ms. Dacy stated the three variance requests are: l. To reduce the" front yard setback for a main building from 35 feet to 30 feet. 2. To reduce the setback for a deck/patio in the front yard from 25 feet to 18.9 feet. 3. To increase the width of a driveway from 32 feet to 36 feet. Ms. Dacy stated that regarding the variance for the.patio, the code requires dec�CS to not extend more than ten feet into the frant yard setback. Under normal circumstances, the patio eould be 25 feet away from the lot line, but the petitioner is proposing 18.9 feet. Ms. Dacy stated the R-3 district xequires a maximum driveway width of 32 feet. The petitioner is proposing.a 36 foot wide driveway. ' Ms. Dacy stated-that existing twinhomes are located to tY�e _north of the subject property. In the northwest corner of the site is a wetland. The petitioner is proposing to construct a detention pond so the runoff from the:development will drain into the pond prior to going into the wetland. Ms. Dacy stated three other development requests are associated _ with this development plan: 1. Rezoning request from R-1, Single Family Dwelling, to R= 3, General Multiple Dwelling 2. Vacation request to vacate a portion of Hillwind Road 3. Plat request to replat the property Ms. Dacy stated the Planning Commission reviewed these three requests on May 18, 1994, and recommended approval, subject to approval of tk�is variance request. Appeals Commission action will be a recommendation to the Council. Front Yard Setback from 35 Feet to 30 Feet Ms. Dacy stated that typically the public purpose of this setback is for aesthetic considerations in order to preserve the building line of sight and to reduce encroachment into a neighbor's front yard. The proposal is for a 30 foot setback. The building to the north is set back at the required 35,feet from Fillmore Street and is approximately 20 feet away from the common lot line. One option is to shift the building to the west by approximately five feet. : • APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE�4 The petitioner does not want to do this because of _ the ultimate impact onto the wetland. Another option is to reorient the site somehow and/or to reduce the amount of units on the property. Front Yard Patio Setback Ms. Dacy stated this is a feature that will exist for each of�-the units. These patios are not only located in front of the buildings, but also on the side of the buildings and at the rear of the buildings to provide a patio for each of the units. Therefore,.the setback for this unenclosed patio is dependent upon the front yard setback. Driveway Width .Ms. Dacy stated the R-3 district stipulates a maximum driveway�,,::.-. , width : of 32 feet. ,This � is': ;the same requirement in the . Zoiii�q�'�., .��'� . Ordinance that -is for commercial-and: industrial propert�es. �,:s,•.:` • Staff's interpretation is, that the intent of that requirement�>�is ;s;�� :` for driveways that serve developments in general, i.e., the��nain��::, : entrance:' irito the development. The petitioner's� entrance i�s` 24 r=::�� �. : , feet as are - other driveways in ' the development.-: . - ..�� y. : :�° , - . . °� Ms�� �;Dacy - stated the requirement in � the Zoning Ordinance does�;�not j`�: � �. � ;, :. address; specific .`driveway accesses.-:as is proposed �in �this �case. � � .' � The driveway�: restriction? is not : in the R-1, ;Single :.Family.' Dweli��g, .�,: � ` � > k . : ;; or';~the =,.R-2,, � Two , Fam�ly:� Dwellings, :�'-parts > of ' the `: axdinancer xF1���'1'he �; � ,.. f * ����� ��i.,�j,��4 third,� twinhome , to_the �.north :� of :.the _property .has ; �about�;�a;. ,40 ��aot �� _ _._wx _` . '�"�' �``°��"""`� p Nbetween�'the"'two driveways;'�but'tYierefi�are`otiie�f'i:�ista3ices;`�� �' -' ��' se ara ion in' t'he :R-2 `district where there is� a=wider'�driveway. �`. y�'�. �� =;"s• � '' Ms :�. Dacy stated that, ,;as an � option, the petitioner could reduce �':-r`= :. � the width of the driveway to 32. feet and narrow it ;�as it �approaches ,>:~ .. ., _ ; , the curb line. ` _-,, _ �. �- � �� �• + . �Ms. Dacy stated that, in the �ast,`the City�:h�s granted front yard �: `; °.. �- setbacks to as 'low as ; 13 feet.�' < Staff has not found ;any variances `: ,.- regarding the driveway width'for this particular type of instance: Ms. bacy stated that if the Commission reco�nmends'approval of the variance request, staff recommends the following stipulation: ; � 1. Rezoning, ZOA �94-02, Vacation, SAV �94-92, and Plat, P.S. #94-04, shall be approved. , Mr. Forrest Harstad stated he has written a letter to� the.` . Commission dated May 20, 1994,=which outlines his r�quest and . hardship. Since the Commission-members had not received the letter•° ;: `._untii, the meeting,: he read the letter-to the Commission. ., He stated �;. �: a�-�^`• :, , . :. �� _ �' ' his� .hardship is �. as � ��follows � _ � � � �:�� �;� . �.�� . .- > > �. ; . `� �' ` � ° "Because the - 1991:; Wetland Conservation ; Act requires : ' `� `�" � ' �. ,.� ; ^t..j � , . . . . � -':; avoidance of all wetland :�impacts, the' topography of the �� t ,8P � APPEALS COMMISS�ON MEETING. MAY 24, 1994 PAGE 5 land as it is complicated by the position of the bisecting wetland prohibits access between the eastern, larger portion of the parcel and the roads to the southwest and northwest. That, combined with the diversity of the surround land uses, and with the fact that the neighbors strongly prefer as few units as possible, and as little additional traffic as possible, make for significant hardship since the density that the parcel demands for viability as it has been zoned since 1958 is high. Further, the soils to the west of the wetland are not conducive to the construction of a building. "The hardship is best resolved by a new neighborhood of high quality of_townhomes. That higher quality demands wider streets and driveways than the site affords without variances." , Mr. Harstad stated variances are not needed to do this, but th�y will improve the quality of.the new neighborhood. The Fillmore setback variance allows wider, safer streets between buildings and a safer slope to the wetland on the west. The extra driveway width at the curb of Fillmore allows straight driveways (rather than pinched down at the curbj which help keep snowplows from damaging landscaping and which offer greater off-street parking for.a more appealing.new neigYiborhood. - Mr. Kuechle asked Mr. Harstad to explain why he cannot stay within the 35 foot front yard°setback. � .. . . .. . . � . .. ' . . ' �. - . . . ' � 4 � . �` � Mr. Harstad stated that movi�g the buildings farther to the west actually makes the grade from the western�driveway down to the pond too steep'causing a safety hazard. The way to actually get those buildings five foot further from the curb would be to narrow down the 24 foot private drivewags between buil.dings. They could do . < that and stili meet the City's ordinance., `' Dr. Vos asked if parki_ng would be allowed in the private driveways. Mr. Harstad stated the Fire Department has insisted that there be. no parking in these driveways. He stated he has provided more parking than is required by the City. e Mr. Harstad stated the reason for the variance to increase the; driveway width from 32 feet to 36 feet is because that is the width of two abutting double car garages. He could pinch the driveways down two feet on either side, but the sod is always driven over. ;z He stated that, again, he does not need this variance, but it makes for a nicer project and it looks more presentable. Dr. Vos stated that the petitioner could also leav� a green strip between the driveways in order to eliminate the variance. : � APPEALS COMMISSION ME$TING, MAY 24, 1994 PAGE 6 Mr. Harstad stated that in his experience, that area is usually always mud. � Ms. Sue Williams, 5568 West Danube Road, stated this development looks like it is mostly blacktop which is depressing. The City needs,-to develop more codes for more green space. She could not imagine anyone;.wanting to live'in a place like this. In 20 years these townhomes will turn into a slum. That is what is happening to the Innsbruck Townhomes where they are being taken over by rental and lots of children. She stated she would say „no" to this development. MOTION <by Dr: Vos, seconded by Mr. Kuechle, to close the public ' � .hearing. . IIPON A.;.�VOICE..VOTE�.;ALL VQTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION ��:CARRIBD =AND ,TH$ � PIIBLIC : HEARING: CLOSED ' AT. 8: 00 :'; P.M. Dr. Vos -stated`;he ;laelieved the; front; yard variance• request: from 35 �',� feet � to 30 : feet is .a `minimal -:variance in -a townhome �.development. � � The ° patio ;setback ��-is^tidependerit upon the. :front yard setback. - The : � increase �in:`ciriveway��width- from'32 feet ta:36-`feet :seems;xeasonable� ' < when 3t i.s�_ ;for - two ,�double •car �:garage' next to ` each other. : He :: did � not see any� �:advantage `in -pinching the �3�iveways two �feet on each � . . side to�' �ne�t {;:the -�code � when -people will . just drive : on :the_>`sod. He � . woul�d recoinmend�=.�pp�oval' of =a11� three variances.' �; � t � _� _ � , I Ms :-�Smith , a.greed ��.;She believed the :.;ietter of � the code� :ZS being ; u . , ,.. ,.. , r , '�. �;, ��v�i�... :-�'"'tnr�t �;�'t�+h�Ai�Q=,��.mi'1 �7`�i�o'�+.�nn;E'r1 i'cr�ir�4-� nn � r .:�1-ra`ff� n �� ci e�rh#- - 1'1'a�sa�:r.si tif ��:'1-hA.,Y±w:� _.� . _''. -` _ :: t,,..v�,ca. a.Y.;-vaa,,, vaac=. iaaa.c�ivi-;.c:ui�. : ., , ., . .,, , , . _ ' " �,` Mr. Kuechle �,also agreed: He .>stated he has the -most =trouble with `° the front,°ryard variance from� 35: feet;'to; 30 feet;�''however, ;'gaining'�. more front-;yard,,space at the expense of squeezing .the rest� of ':the ` , development,:will give an �even `stronger .effect of ;all ��hlacktop. -� ° �_ - Most of ° the:�green space :is on+'the` Fi.11more �Street. side; �;�nd� if. they.` �:. �:require the;petitioner to move the building back.five.feet,"it wi11=�. `. ,�. ' take f ive feet away::`' from the' other buildings..: �> front yards. '` Also, �` : the_impact:is mitigated somewhat by the tapered lines on the ends - of the buildings which tendS to make the buildings look like they are set ba�k further. He believed the increase in driveway width from 32 feet to 36 feet is really a given because it is just putting two'c�ouble car driveways together. Ms. Savage�stated she would;recommend approval:of the variances for the same �easons given by the other commissioners. � MOTION ,by Dr.,_ Vos, seconded .by _ Mr. ; Kuechle, to recommend to City Council-approval of variance: request:, VAR �94-02,-by. Twin City Townhomes,,per Section 205.04:06.A.(3) of,the Fridley �oning Code, to�'':reduce ;;the'�setback of ��a� deck/patio_ in-�the' �,front �yard �'from 25 ` �= , - feet ���to °�� 18:9 °'feet, "` per'`> Sect`ion 205:09.'03.D:'(i) `��of"f:the �'Fridley �� ` Zoning ;Code; ; �to' reduce 'the � front'yard setback rfrom �35;� feet�: to"30 .�` _ feet;>per Section;:205.09.05:D:(4).(aj:of.the:�Fridley�Zoning`Code, t; fi� , ,.8R APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 7 to increase the width of a driveway from 32 feet to 36 feet, to allow the construction of townhomes at 971 Hillwind Road N.E. , with the following stipulation: 1. Rezoning, ZOA #94-02, Vacation, SAV #94-92, and Plat, P.S. #94-04, shall be approved. UPON A VOICE VOTE, ALI, VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated the public hearing for the rezoning, vacation, and plat requests will be held at the June 20, 1994, Council meeting. The variance request and first reading of the ordinances for the first three requests will be scheduled for the July il, 1994, City Council meeting. 2. CONSIDERATION OF VARIANCE REOUEST. VAR #94-03, BY AMOCO OIL COMPANY• Per Section 205.14.03.C.(4) of the Fridley Zoning Code, to reduce the setback from an adjacent residential distriet from 50 feet to 19 feet; Per Section 205.14.05.D�.(5).(d) of the Fridley Zoning. Code, to reduce the hard surface setback from 5 feet to 0 feet along the east side of the addition; To allow the expansion of an automobile service statian on Lots 16, 17, 18, and 19, Block 13, Hamilton's Addition�tp Mechanic.sville, according to the map of plat thereof an file and of record in the Office of the Register of�Deeds in and for Anoka County, Minnesota, the same being 5311 Univer.sity Avenue N.E. MOTION by Ms. Smith, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:05 P.M. Ms. McPherson stated the subject property is located at the intersection .of University and 53rd Avenues. The petitioner is proposing to canstruct a 12 foot by 15 foot storage addition onto the rear of the building. The subject property is zoned C-2, General Business. The property directly to the east is zoned R-3, General Multiple Dwelling, and there is R-2, Two Family Dwelling, approximately two blocks from the subject property. Ms. McPherson stated the petitioner has also applied for a special use permit as required by the C-2 zoning requirements to allow the expansion of the use. The original service station was constructed in 1959, and a special use permit was issued in 1978 to allow a car wash expansion to the automotive service station. : r � � � Community Development Department P G D�SION City of Fridley DATE: August 11, 1994 � To: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development.Director Scott Hickok, Planning Coordinator Special Use Permit Request, SP #94-08, by Warren _ Paulson; 6881 Highway 65 N.E.' ,-_ - The Planning Commission voted 4:0 to recommend approval of the special use permit request subject to nine stipulations: : ,1. A stop sign shall be installed by-the developer at the point. . where the.parking lot drive enters onto 68th Avenue. The sign would be the cost and responsibility of the motel. 2. TYie addition shall be built with an architectuzal character- - consistent with the character of the existing motel complex. : 3. No windows shall be placed on the second story of-•�t..he�eas�Y side of the building addition. 4. The parking lot shall be�re-striped to identify the 35 parking spaces indicated by the petitioner's site plan. 5. The new parking surface shall include curb and`gutter around. the expanded parking perimeter. The curb and gutter is to be concrete and of a staff-approved design. This curb sha11 extend into the public right-of-way to the point where the driveway radius meets 68th Avenue. The point of termination shall be reviewed and agreed upon by City Engineering Department staff. 6. Erosion control fencing shall be installed during construction to assure no construction-re�rated soil is carried into Rice Creek or adjacent landseape. 7. Rip-rap erosion control shall be installed at the base of the roof drain and at the point where the parking lot swale empties surface water onto the landscaped portion of the site. � 8. Al1 landscape areas shall be restored. ■i � SP #94-08, by Warren Paulson August 11, 1994 Page 2 9. Although not specifically required by Code, staff suggests that the three 20" oaks removed by construction be replaced by three 2 1/2" oaks in an alternate location on the site. A variance request, VAR #94-13, is also scheduled for City Council action on Monday's agenda. Recommendation Staff recommends approval of the special use permit to allow expansion of the existing motel as recommended by the Planning Commission. SH/dn M-94-461 � . . STAFF REPORT Community Development Department APPLICATION NIIMBER: Appeals Commission Date Planning Commission Date : City Council Date : August Special Use Permit, SP #9�4-08 PETITIONER• Warren Paulson LOCATION: July 27, 1994, August 10, 1994� 15, 1994 6881 Highway 65 N.E., located in the.northeast corner of the intersection of Highway 65 and 68th Avenue. REOIIEST• To allow the e�ansion of:a motel in an R-3, General Multiple. Family Dwelling district at 6881 Highway 65 N.E. ANALYSIS� Located on the property is a��14 uriit motel, motel office, and living quarters.� The motel office and living quarters are located on the southerly portion of the building. T$e motel is located along the east property line iri a north/south orientation. The office and living quarters are perpendicular to the motel. The petitioner is proposing to construct a 36 ft. by 48 ft. two-story addition perpendicular to the motel at its north end. The east wall of the addition abuts the west face of the existing building. The addition and original structures combined represent 20� lot coverage. The property is zoned R-3, General Multiple Family Dwelling. Motels are permitted as a special use. The petitioner is requesting tY�e special use permit at this time in order to allow expansion of the existing motel facility. 8istory The Sunliner Motel, as it was once known, was built in 1960. At that same time, the City approved both the building permit for the structure and dwelling unit/office.combination. The City also approved a sign permit which allowed a 12' x 8' free- - standing sign adjacent to`the•Highway 65 right-of-way. In May of 1965, the motel was severely damaged by a tornado and was �l 7 Staff Report SP #94-08, by Warren Paulson Page 2 reconstructed in July of 1966. In 1968, the owners of the motel asked the City Council for consideration of a privacy fence as opposed to the landscaped separation that was required as a stipulation of the original approval. In July of 1968, the City Council approved a six foot high redwood fence to be constructed along the eastern property line and that fence was to also extend along the northern edge of the property line to a point equal to the front of the motel complex. The motel was re-roofed in 1973 and in October of 1982, a variance request was received by the City in which the petitioner asked to minimize the setback distance on the southwest corner of the complex to add a vestibule entry, and also to add a 26' x-10' deck. The variance requests were approved, and i� March of 1983, the vestibule and deck permits were issued and the constructed was completed. 'In March of 1987, a sign permit was granted allowing 84 square feet for the fre�-standing sign. The square foot-dimension was to replace the originai 96 square foot that later evolved into a . 150 foot square foot free-standing sign. The free-standing sign was once again visited.i� 1992 when a variance was requested by the petitioner to aliow reconstruction of the 84 square.foot sign. A stipulation was placed on the sign at that time, that the sign face.area would not exceed 80 square feet. That variance was approved. This 1994 request for a special use permit asks�to expand an existing facility by placing a 36' x 48', two-story addition with a walk-out foundation adjacent to �the original structure. Current Variance Requests The petitioner asked for consideration of four variances and a special use permit to allow expansion of the motel facility within the R-3 district. The Appeals Commission heard the request for four variances at their regularly scheduled meeting on July 12, 1994. Those variances included: 1. To�reduce the front yard setback from 35 feet to 10 feet. [This is an existing condition, not a result of the new structure.] 2. To reduce the side corner setback from 35 feet to 30.33 feet. [This variance request is related to the new construction and proximity to the property line adjacent to Highway 65.] 3. To reduce the rear yard setback from 40 feet to 19.44 feet. [Abutting Rice Creek.] 9C Staff Report SP #94-08, by Warren Paulson Page 3 4. To improve vehicle turning movements by reducing the parking setback from 20 feet to 18 feet. The Appeals Commission voted unanimously to recommend approval of the variance requests. Staff's recommendation to the City Council would be to concur with the Appeals Commission action. Staff has worked with the developer to determine what the aesthetic elements of this addition will include. The developer indicated that the addition will be two-story from the existing grade with a lower walk-out level beneath the two-story addition. The total number of motel units to be added is nine. There will be three units per floor, and the stairway to the lower walk-out level and upper level will be on the exterior of the building. **Stipulation** **Stipulation** The addition shall be built with an architectural character consistent with the character of the esistinq motel.compleg. No windows shall be placed on the second story of the east side of the building addition. � The developer indicated that the walk-out level evolved.fro�.poor soil conditions on the north of the existing motel faci�ity. A determination was made from a feasibility standpoint�that it would be more practical to compact the soil and build a foundation rather than replacing all the soil required f.or the original two-story design. **Stipulation** Erosion control fencinq shall be installed. durinq construction to assure no �` construction-related soil is carried into Rice Creek or adjacent landscape. **Stipulation** Rip-rap erosion control shall be installed at the base of the roof drain and at the point where the parkinq lot swale empties surface water onto the landscaped portion of the site. **Stipulation** **Stipulation** All landscape areas shall be restored.. Althouqh not specifically required by Code, staff suqqests that the three. 20�� oaks removed by construction be replaced by three 2 1/2�� oaks in an alternate location on the site. •� � Staff Report SP #94-08, by Warren Paulson Page 4 Transportation Issues The transportation issues related to this proposal include the on-site parking for the facility, on-street traffic issues including the desire to have a stop sign at 68th Avenue from the parking lot, and also the request by residents to have a controlled intersection with a traffic signal at the intersection of 68th Avenue and Highway 65. **Stipulation** A stop siqn shall be installed by the developer at the�point where the parkinq lot drive enters onto 68th Avenue. The siqn would be the cost and responsibility of the motel. In regards to parking, staff has evaluated that the code . requiremerits for park�ng would require one parking.stall.per unit in the motel f.acility. The totai number of motel units is 23, and the office would be considered 24. At one stall per unit plus one additional stall for every four units, the requirement is 30 parking stalls for this facility. The develope�'s proposal exceed this code requirement by five stalls. The expansion of the parking lot relates to the turning movements within t�e parking area. City code requires a driving aisle width.,of 25 feet for two-way traffic. There is sufficient�room for;�a standard stall depth, 25 feet of driving aisle and-paral"lel. parking along the curb. **Stipulation** The parking lot shall be re-striped to identify the 35 parkinq spaces indicated by the petitioner�s site plan. **Stipulation** The new parkinq surface shall include curb and gutter around the expanded parkinq perimeter. The curb and qutter is to be concrete and of a staff-approved desiqn. There has�been some concern about the proximity of the driveway to the intersection of 68th Avenue and Highway 65. Although this an existing driveway situation and the additional units will not compound the problem, with the exception of a few additional daily trips, the concern could be addressed by controlling the traffic onto 68th Avenue with a stop sign installed by the motel as part of their parking improvements. That stop sign would face internally to the parking lot and would require that cars stop before entering 68th Avenue. In regards to the controlled intersection, stop lights at State highways are installed in accordance with a manuai that the State 9E � Staff Report SP #94-08, by Warren Paulson Page 5 uses to evaluate need for controlled intersections. There are 11 - 13 different areas that are evaluated as part of a traffic study for an intersection such as.this. It is our Public Works Director's opinion that this intersection would not meet the warrants necessary for installation of a traffic signal. Technical Site Data Lot dimensions - 125.5' x 310.0' Lot area - 38,827.5 square feet Existing structure - 6,220 square feet Addition (foundation) dimension - 1,728 square feet Lot coverage - 20� (code allows 20� maximum) Total number of units - 23 plus office/residence Parking spaces - 35 (code requires one per unit plus one per four units; 24 + 6 = 30) RECOMMENDATION/STIPIILATIONS: Staff recommends approval of this special use permit request in order to expand the existing motel facility in an R-3 district with the following stipulations: 1. 2. 3. 4. A stop sign shall be installed by the developer at the point where the parking lot drive enters onto 68th Ave�ue. The sign would be the cost and responsibility of the motel. The addition shall be built with an architectural character consistent with the character of the existing motel camplex. No windows shall be placed on the second story of the east side of the building addition. The parking lot shall be re-striped to identify the�35 parking spaces indicated by the petitioner's site plan. 5. The new parking surface shall include curb and gutter around the expanded parking perimeter. The curb and'gutter is to be concrete and of a staff-approved design. This curb shall extend into the public right-of-way to the point where the driveway radius meets 68th Avenue. The point of termination shall be reviewed and agreed upon by City Engineering Department staff. �� . Staff Report SP #94-08, by Warren Paulson Page 6 6. Erosion control fencing shall be installed during construction to assure no construction-related soil is carried into Rice Creek or adjacent landscape. 7. Rip-rap erosion control shall be installed at the base of the roof drain and at the point where the parking lot swale empties surface water onto the landscaped portion of the site. 8. All landscape areas shall be restored. 9. 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MULTIPLE DWG'S 0 PUD PLANNED UNIT DEV. � � Q' v d �._. . � ' �y' �jJ (•Q W R-1 MOBILE NOME PANK ❑ 5-1 NYDE PANK NEIGHBORMO00 ❑ '� S __ `.S �. O (� Q ' 3� V .PI/BIIC PAGI�ITIES - � 5-2 HEDEVEIOPMENT DISTRICT Q _ _ p� N` �• f G-t IOCnL BUS�NE55 � 0 �p-1 CAEEK 8 RIVER PRESERV�T�ON Q � � C-2 CENERAL BUSINE55 "��'' O-2 CPITIC�L ANE• � o"° s-q r �LJ � i4 � � C-J GEHERRL SMOPVING d c -• — �_ — i{ Z r� � 9-F �� I,�* '`+ I_ _ C-R1 GENEFAI OFFICE ❑ V�CA�EO.STREET$ .� -� /I 3 91 ZONING IISIAP� JY �fy4-U� Warren Paulson _ -_:==�;___;�'�,;:- ___ -. '%��,��% �~„i�tii�t�:`: `,;��,`� _ � �� ti��1,� :.����� �.` —` �.'��! ...^.i���\ `� `�� �� � _, . ,��.��� ��..��` 4 . � � \ � � � • � . � ... --' �i i ���� ��� \ � �.a��, _.; ,. . ^ � .-; ��\ ���; �r ♦ "-�. .�� � i I f'```♦ �\`. ��� � = `\_- � ���� � ' � `- - � ! 1 i ' `� '�`�'���'��-__ -_ ', ' � � �, � I � _ , i � '�.-_ _- _ -_ � �' :`, . 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I ii �I,1� r i � �' � � I�+�I��' i i�'' � 1 ( i ��111f ���� / � ;� � �;� r� i! ,�, ; 1 � � , � ��,�i , ; --� I ��: �; r;�i�l. � I .l�-!�J/jr.'' r� � �ss:zs• _ _ e •e `— r.�F � � _. . . . . � i _ . ' I � � p p , ' y V. i I. � t/� � m � r D � Z _ 1 ��3��4°t� � F� x � r � SP 4F�94-08 Warren Paulson � � I � I ' � .':':Y�-�; a'{°:"_ -�--'�----- • � � � � '`°..� I I i I � �; � � I � �``� �. � I � � � � � �� �I � � � ; I � � � . I � I I � I � � I I � • � I � i I j I _.' I I i � I i i �� � ( ' � � I � � ' � � ---L-1-------� I � :.�--- � � � / __���J./ PRL N..W tl�L iK A �l t �C e ..�� ' .._ _ I ... I � I I I I i I i I i I � � i ; I I I i I � , I � � � , I I � I �. � 1 G5 AV. 1V W. . ri..n+�r sc�s. �� _�_ _�— —' — y— —'— —s_ _!_ _i— --i_ 6'C�� � I�w. 1 DAVIO C. DARRELL INC. �aT.����� HUD4lT HOST f10TtL �cx�iccrva a nu��iMO �eb� HwY. trs �.�[. w�t �uRaw� tY[ � �s'�a6Ct t�u+wAVrA � t�l NMM� �INNWt� �11M�M N�`�(.LI rAN�.407�% � SP 4� 94-08 ' �� l � Warren Paulson . , y� ` �o�r•'' ��.�� t�. / � bor- 5„7 t S-r�n �/�5 la�� $L�cti wAG4 ., , � R� � . i � j _ _ ' � � . _ __: _. _ r i. _ � i � 1 _ _ - _ --- _ _ .,_ _ _ _ . __ _ _ _ _ � __ . _ } t� . ; ._ . _- ___ _ � � � i: _ : . . _. ; �0 ; - - -� ._ _ _ _ _- _ __ . _ . , _ ' � ,� , • ; y , . : ; ; LW, ; . :_ � --- - -: _ : � . __ _ _ _ . . . . . : � ; , _ � . ___ . _ _ _ ._ � : � ' o �/Arv�t7 O �,7'�NC.f AILn•�.vn.re �GS�. � Q ` � � �. - . _ i � ; � _ y ' ' � _ � _ . _ - - - __. _ ._ , t ! � � � �' � ( � _ ` __ _ _ _ r� ; 0 : � . o: q.; �. J " �, G �.f?J � � � . � : 3i o� e; �� �?� «� ` 3� a �� -f ��� � �' S ,�J� o p A . : ` �P�(L � 13 �`� N�7� ���1 L , Sra-� sra-� � ���� (3Lo /. WAt� ± 9K 2 UNITS OF LOWER FLOOR :PLAN � : � . i � � v fi � ��� c� i �.��s)l e SP ��94-08 Warren Paulson ' 9L . LOWER FLOOR PLAN V ,� i y$ � i � � � '� � `�, c � II U �j.nw`� C3en5 � � W (9 � �' u'� (9 �. � SP ��94-08 Warren Paulson abr �z���. � Z � o�nrs,o� s +A��s ro D AS e n� c' �, T �e ✓t l. � �, Pbwe y- j� �( � S (�Kefy (1Z�tC�♦ �i r � v 3 �t�p'� 8�O p,c� 'C; L ; H o � � � ��' V � _ D � � � � ti � l 3 o v �c '�,. � . o � �C e � Y � (� _ �µ��� � ' � � �' U �,�r�• ' ' e� Y „ uA`` D-K i�x�s. � c�s u- � tiAN O tt.TcNe+ GR<)t•�s�i, OeS+[� . .. ... ... .. . ...-ryf - � - - ---- - -... _--� -------- ....— .... ._:_ . _ ___ . _.. - - . . V •-. .� . �. �(. . . _� . ._� . . _. . .. ' -_-:...: ... .. � ._._ .. . .. � Q �� � \ _3 � � -- - --. ._ _ _ � _ � . _. _ _. . _° � e a �� 3 �,-_ [z�cee� � — - � .,�.! , . �:; . ' — •, � . Ab Q �ce • i . . , i=�- � .- . __ - ' - '; - - -- $ � c3eij � �cy ,/ � � � ,3 _ G�p. R } z _ � _ _ � � v ,b . . -_ 1 Y � � o'I � cR�o�s.� Dcs� a '� o � - pPP oo •� - 3'� h � _. �`�. -��,s�� .. __ , _ __ o ` � c _ . __ . .:_ . _ - _____'� � . L! � � � R a , � � j c � � � °�` � � � � >� � : Qy,ecK � �Q ` � t -- ! {� ;� 8 C9 I , � ; a i � t � j j �� � i � � � n�, f� � .i � . 1 ' � - . ,, � �,� 5''T � � � � i� c1 :� 1�G J 0 fitT• l' T 7 : R�� �` IA �,.! d t •~- Ffis%�7'Nt% S�r.u_��..,��� GROUND LEVEL FLOOR PLAN t . ` �„ + i � 8 . `. p�G �G �� � � � SP �94-08 Warren Paulson � , . y a� Z � �� P� � T � �� r� 3 L� � �a � � � �D � ; ; : a ,� e � �o � � . �r � �J dpN. : O �(•icN� cR�oc«:.a p..S'� Y , �` U Y p� � k.r�uae Lq<o• s.a ac3"- �_ d - -- . _ _ . . _ _ _ �,' _ v '� _-,- - _ ' .. �g� ___.. .�_ _ , _ ._ _ � . � . , . �' _ , _ . •: .. _ . _ .� _ . �:_, _ - - -- -_ _ _ r �} ��' � _ a� zn � , - �� z. � � 3 G��,� ��9 a�� ;� � � � _ . _. � Vt7�� � k�TCH[. Uteat.�s.�: ' pdg� _� . � v _ _ — � _ _: � U`oor - E,�s, s� � ...� G � �, �t � S (P TPh �,- fS aA� G geV (��te�!/ :� ���� c y 0 i! � �LAN _: .::::::::•;;x,;. �: � � :• �;- � � � � � �� � � _ 0 I ��%�R iiG�� I %'I i'� %%%%h �...,� iiii� ,,,,w� ,,;:� ii::T %%�%h ��%/�/�/�/✓:.ii� ��%///��vi�� �9;�¢.:i'; ;�iiii�� �\%%%%r. ��.s.s: S? E � �� ..�. .- i •i w SP ��94-08 �� Warren Paulson � �' � � � �� , h �.�u,►,�����ii�� �l� � .� � :�; ,� ;; �, -�����;,�� j u,��, \�,� � — � i�mia►�ii�ir�� - �'`; �ilia ,,��� ,y .. � : _ � - ( - � .„ � � j '�i�;" :� � �-,'j0�� g: � � � ������;;�i�isiii«<,i«�ia««i��� ;, � ., -.�o " ^, ���' =i' - I { ` ='I�„I ��1 -,,�f�l�?II�I���IIIII11l��'-.,rf. � ��` — � �■ t""�"► !''°' � �� " --__'--, � OAY40 C. OARREII �NC. ^�� �+ ��CNIifMUNE � �LANNIMG . ��� } y,� � 11! 1A11S�lY� 1�11t LCINA. Y111Mf�OT� ��y �� �Ui�M011i . �1l.��t.l��� °'" MjL� ���.s .�� � j�'d�,�: ���`� ( I� 1 �'.� t .�� 1 �`�1= � �, .� ��� ,��,�� e n ' i � . =�'�.. . . )�_- . �e �' � K � ,.'..r - ;q fi 4 �' i i ..�� y '� � � � 1 � -;: - �� � �� ���i k�. ,; _ � " .. . � :,u Yy +, 3. I I ¢s � h, ��� 8UCG�T 4{o•gT I-�pTEI � 0901 414MW�Y • L S N, *: PR�9LtT YN,JU},�yefY. IV4tR VA�+VN P�Yl�N1 � / �� 1 CITY OF FRIDLEY PLANNING COMMISSION MBETING, AIIGIIST 10� 1994 CALL TO ORDER• • Chairperson Newman called the August 10, 1994, Planning Commission meeting to order�.at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Dave Newman, LeRoy Oquist, Brad Sielaff Dave Kondrick, Diane Saba, , Connie Modig Others Present: Barb Dacy,�Communit evelopment Dir.ector Scott Hickok, Plan ng Coordinator - Michele McPherso , Planning Assistant� � G1enn Vande Wa r, Peterson Environmental Consult s, In.c. Mike Black, oyal Oaks Realty � Keith Ebe teiner, Biltmore Construction Warren ulson, 6881 Highway 65 N.E.' David arrell, Architect, 4812 Larkspur Lane, dina, Minnesota � Te Reyes, 1479 N.: Danube Road id.E. J hn Haluska, 5660 Arthur.Street - ennis & Ann Dewing,.1501 Camelot Lane Jan Filer, Burnet Realty, 10`Rice Creek Way Timothy Strong, 10884 Avocet Street�N.W., Coon Rapids, Minnesota Shirley Nevala, 1476 - 64th Avenue N.E. AYYti(7VAL F JULY 13 1994 PLANNING COMMISSION M NUTES: . , MOTIO by Mr. Oquist, seconded by Mr. Sielaff, to approve the Jul 13, 199�, Planning Commission minutes as written. ji'PON A VOICE VOTE� ALL VOTING AYE� CBAIRPERSON NE�PMAN DBCLARED THE MOTION CARRIED IINANIMOU3LY. 1. (Tabled`from July 27, 1994, Planninq Commission MeetinQ) PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP �94-08, BY WARREN PAULSON: Per Section 205.09.01.C.(9) of the Fridley City Code, to allow the expansion of a motel in the R-3, General Multiple Family Dwelling District, on Lots 5, 6, and 7, Block 1, Valley View Manor, the same being 6881 Highway 65 N.E. MoTION by Mr. Saba, seconded by Mr. Sielaff, to remove from the table consideratian of the Special Use Permit Request, SP �94-08. .• � MOTION by Mr. Saba, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:35 P.M. Mr. Hickok stated the property is located adjacent to Highway 65 in the Valley View Manor Addition. The site is zoned R-3, General Multiple Residential, and is located just north of 68th Avenue. The request for a special use permit is to e�tpand the existing motel facility at the northeast corner of Highway 65 and 68th Avenue N.E. Currently, a 14-unit motel exists on the site along with office and living quarters. The office and living quarters are perpendicular and to the south of the motel units. The proposal is to add a 2-story with a walkout addition to provide 9 additional units in the complex. Mr. Hickok stated the motel.was built in 1960 and predated �he requirements for a special use permit. In 1965, the complex was badly damaged by a tornado and was then reconstructed. Zn 1968, there was a request to replace the landscaping on the east edge of the site with a redwood privacy fence. The City Council approved the fence as a separation of the reside�tial area and motel site. In 1982, a variance was approved to complete an addition on the south edge of the residential complex for a 26 foot x 10 foot deck and another to encroach oh the setback area for a vestibule for a weather tight entry into the office area. In 1987 and in 1992, there were variances requested for signs on the site. Mr. Hickok stated the Appeals Commission reviewed four_variances related to this request at their July 12 meeting and recommended. approval. Staff concur with the recommendation. These include: 1. To reduce the front yard setback from 35 feet to 10 feet. (This is an existing condition for the deck along.the residential side of the complex.) � 2. To reduce the side corner setback from 25 feet to 30.33 feet. (This is related to the new construction and. proximity to the property line adjacent to Highway 65.) 3. To reduce the rear yard setback from 40 feet to 19.44 feet. (The rear yard is to the north and abuts to the Rice Creek area. The new addition will not encroach any more than the existing structure.) 4. To improve vehicle turning movement by reducing the parking setback from 20 feet to 18 feet. Mr. Hickok stated staff has worked with the developer to get a better understanding of_how the addition would relate to the 2 • � complex as it exists on site. At grade level, there are 2 stories. Along Rice Creek, there is a walkout. The walkout was not part of the original design but poor soil conditions in the area require either serious soil correction or, as an alternative, build a foundation rather than a 2-story addition on a slab. Mr. Hickok stated there are some transportation issues related to this. A stop sign has been recommended on the site plan. The drive comes out to 68th Avenue. At the point where the drive meets 68th Avenue, a stop sign has been recommended for traffic control to stop traffic before entering 68th Avenue. The residents in the area also voiced concerns about an uncontrolled intersection at 68th Avenue and Highway 65. Staff discussed this with the Public Works Director who evaluated the need according to established criteria. It is the belief of the Public Works Director that this is not an intersection that warrants control: Therefore, staff would not.recommend stop lights at this� intersection. Mr. Hickok stated the existing structure and the new addition � represent 20� lot coverage. The existing structure is 6,220 square feet. The foot print of the addition is 2,728 square feet. Staff recommends approval with•the following stipulations: 1. A stop sign shall be installed by the developer at the point where the parking lot dri�e enters onto 68th Avenue. The . sign would be the cost and responsibility of the motel. 2. The addition shall be built with an architectural character consistent with the character of the existing motel complex. � 3. No windows shall be placed on the second story of the east side of the building addition. 4. The parking lot shall be re-striped to identify the 35 parking spaces indicated by the petitioner's site plan. • 5. The new parking surface shall inciude curb and gutter around the expanded parking perimeter. The curb and gutter is to be concrete and of a staff-approved design. 6. Erosion control fenc,ing shall be installed during construction to assure no construction-related soil is carried into Rice Creek or adjacent landscape. 7. Rip-rap erosion control shall be installed at the base of the roof drain and at the point where the parking lot swale empties surface water onto the landscaped portion of the site. 8. All landscape areas shall be restored. 3 . • 9. Although not specifically required by Code, staff suggests that the three 20" oaks removed by construction be replaced by three 2 1/2" oaks in an alternate location on the site. Mr. Hickok stated the stipulations have been discussed with the petitioner. The concern by the petitioner concerning the oak trees is that there may not be a place for those three oak trees. Again, the Code does not stipulate this. It was a suggestion by staff. Mr. Saba asked where the dumpster is located. Mr. Hickok stated he believed there was a service drive at the rear which is used for the dumpster enclosure and a utility shed. This will stay in the same location. Mr. Newman asked where staff thought it appropriate to place three oak trees. _ Mr. Hickok stated the feeling of staff is that.whether it �s oak trees or other trees it would.be nice to replace those tree$. The existing trees are in a location where they must,be removed for the addition. He felt staff could work with the developer to identify a site for the trees. _ Mr. Paulson stated he had no additional information to provide. The architect, Mr. David Darrell, is present if there are.any questions. As far as the landscaping, there is a row.of pine and blue spruce trees across the front already. Since he has � purchased the property, he had planted ot�er trees in just-about every place it is possible to put a tree. On the west side, there will be some foundation shrubs along the sidewalk to landscape that area. It is possible to put some trees on the . north side of the property right on the property line and that would almost be part of Rice Creek Watershed. Mr. Darrell stated there is a mass of trees along the creek that. provide a nice backdrop. That beside the present landscaping is sufficient. Mr.� Newman asked where the dumpster is located. Mr. Paulson stated, along the back side of the property, there is a 3-stall garaqe with a fence that comes out 8 feet and the dumpster is behind that fence. It is only visible when driving back on the service road. There will be no change in that area. Mr. Oquist asked Mr. Paulson if he was aware of the stipulations and if he.had problems with any of them. 4 9S Mr. Paulson stated no, although Mr. Hickok did mention something earlier in the day about curb and gutter to come out to the street. Mr. Hickok stated the curb has been proposed to terminate at the property line. �The Engineering staff would prefer the owner to bring the curb out to the radius at the entrance of the drive at 68th Avenue. At the time when 68th Avenue is improved, that new curb would match up with the property curb and would be complete back into the development. It does serve as the drive into this development and with the construction and addition of curb our Engineering staff has asked to look at extending that curb to the south. Mr. Newman asked if the Rice Creek Trail was in front of the building. Mr. Paulson stated the trail.is in front of the motel near the entrance to the motel. Mr. Newman asked if the curb posed a problem. Mr. Paulson stated it does not pose a problem., That area is city property but the additional expense would be minimal and he could do that. He would need staff to indicate where to Zocate the curb so it is properly located. � MOTION�by Mr. Saba, seconded by Mr. Sielaff, to close the public. hearing. � ': . IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DSCLARED THE MOTION CARRIED AND THE PIIBLIC HSARING CLOSED AT 7:50 P.M. MOTION by Mr. oquist, seconded by Mr. Saba, to recommend approval of Special Use Permit,.SP #94-08, by Warren Paulson, to allow the expansion of a motel in the R-3, General Multiple Family Dwelling District, on Lots<5, 6, and 7, Block T, Valley View Manor, the same being 6881 Highway 65 N.E., with the following stipulations: 1. A stop sign shall be installed by the developer at the point where the parking lot drive enters onto 68th Avenue. The sign would be the cost and responsibility of the motel. 2. The addition shall be built with an architectural c�aracter consistent with the character of the existing motel complex. 3. No windows shall be placed on the second story af the east. side of the building addition. 4. The parking lot shall be re-striped to identify the 35 parking spaces indicated by the petitioner's site plan. 5 � 5. The new parking surface shall include curb and gutter around the expanded parking perimeter. The curb and gutter is to be concrete and of a staff-approved design and is to extend out to 68th Avenue. The point of termination shall be specified by the Engineering Department staff. 6. Erosion control fencing shall be installed during construction to assure no construction-related soil is carried into Rice Creek or adjacent landscape. 7. Rip-rap erosion control shall be installed at the base of the roof drain and at the point where the parking lot swale empties surface water onto the landscaped portion of the site. 8. All landscape areas shall be restored. 9. Although not specifically required by Co�e, staff suggests. that the three 20" oaks removed by construction be replaced by three 2 1/2" oaks in an alternate location on the site. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOOSLY. Ms. McPherson stated the requests Variances would be reviewed by the on August 15. 2.. NEW BRIGHTON, INC.: for the Special Use Permit and City Council at their meeting. To subdivide part of Lot 1, Block 1, Grac igh School Addition into nine new single family lo , generally located in the southeast corner of the Totin race High School property at 1350 Gardena Avenue N. . ' MOTION by Mr. Saba, seconded by Mr� Sielaff, to remove from the table consideration of the Preli nary Plat Request, P.S. #94-05. UPON A VOICE VOTE, ALL VOTI AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIM SLY. Ms. McPherson stated e Totino-Grace plat request was tabled by the.Planning Commi ion at the June 29, 1994, tneeting. The plat request is to cr te 9 single family lots - 2 lots on the west side of the To no-Grace property which will front directly on Matterhorn D ve and 7 lots on the east side with access on a cul de sac pro osed to be titled Royal Oak Court. This area of the site is eavily wooded with a variety of oak and maple trees. The p perty has 2 wetlands on the site which fall under the � 9U r �► _ _ � Commun.ity Development Department PL�rnvnvG DrvzSION City of Fridley DATE: August 11, 1994 � TO: William Burns, City Manager �`� FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator MicheZe McPherson, Planning Assistant Variance.Request, VAR #94-13, by Warren �aulson; 6881 Highway 65 N.E. The Appeals Commission reviewed the variance request at its July , 12, 1994 meeting.- The Commission voted unanimously to recommend approval of the request to the City Council with one stipulation: 1. Special use permit request, SP #94-08, shall.be approved. The variance request is in four parts: �,_ � A.' To reduce the ' f ront" yard setback f rom 3 5 f ee�i� to � 10 � feet. (This is an existing condition and not as a result of a new structure.) B. To reduce the side corner setback from 35 feet to 30.33 - feet. (This is related to the new construction toward Highway 65.j � ; C. To reduce the rear yard setback from 40 feet to �9.4.4 feet. (This is for the distance from the north lot line near Rice Creek.) . D. .To reduce the parking setback from 20 feet to 18 feet. Variances (A.) and (C.) are in part to correct existing encroachments. Approval of the variance request would allow the addition of nine units to the motel facility. Staff recommends that the City Council approve the variance request, VAR #94-13, as recommended by the Appeals Commission. MM/dn M-94-440 • � S TAFF REP O RT � Community Development Department Appeats Commission Date July 12, 1994 Planning Commission Date . City Council Date : Augus t 1 S, 1994 APPLICATION NIIMBER: ♦ VAR # 94-13 PETITIONER• ♦ Warren Paulson LOCATION: ♦ 6881 Highway 65, located in the northeast corner of the intersection of Highway 65 and 68th Avenue RE'OIIEST • ♦ The petitioner is requesting four variances;,= � 1. To reduce the front yard setback from 35:feet.to 10` feet. 2. To reduce the side corner setback:from 35 fee�.to 30s33 feet. . 3. 4. ANALYSIS• ♦ To reduce the rear yard setback from 40 feet to 19.44 feet. To reduce the parking setback from 20 feet'to 18 feet. Located on the property is a 14 unit motel, motel office, and living quarters. The motel office and living quarters are located on the southerly portion of the building. The motel is located along the east property l.ine in a north/ south direction. The office and living quarters are perpendicular to the motel. The petitioner is proposing to construct a 36 ft. by 48 ft: two-story addition perpendicular to the motel at its north end. The outside wall of the addition is parallel to the north line of the existing building. The property is zoned R-3, General Multiple Family Dwelling. Motels are penaitted as a special use. The petitioner has also filed a special use permit request. ` � � .� � i �I Staff Report VAR #94-13, 6881 Highway 65 N.E., Warren Paulson Page 2 Front Yard Setback Section 205.09.03.D.(1) requires a front yard�setback of not less than 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 request to reduce the front yard setback from 35 feet to 10 feet is for the existing motel office and living quarters. The building is 10 feet from the property line adjacent to 68th Avenue. There is a 16 foot boulevard from the property line. The Commission could choose not to grant the variance and allow structure to remain nonconforming. At the time the dwelling or. the structure is damaged to more than 50� of its value, the variance could be evaluated. The location of the structure does not encroach on adjacent lines of sight. • Side Corner Setback Section 205.09.03.D.(2j.(c).requires a setback of 35 feet when a side yard abuts a street of a corner lot. Public purpose served by this requirement is to maintain an adequate separation between the structure and the abutting right-of-way. The request to reduce the side corner setback from 35 feet to 30.33 feet is to allow the construction of the proposed addition. The side corner setback is adjacent to Highway 65. Abutting Highway 65 is a drainage area and a bituminous walking trail. A landscaped area with coniferous trees separates the trail from the parking area of the motel. Granting the variance to reduce the side corner setback would not have an adverse impact on adjacent properties nor would it encroach into the line of sight. The requested variance is within variances previously granted (15 feet) for front yard or side corner requests. Rear Yard Setback Section 205.09.03.D.(3) requires a rear yard setback of not less than 25� of the lot depth, with not less than 25 feet 1: Staff Report VAR #94-13, 6881 Highway 65 N.E., Warren Paulson Page 3 permitted or more than 40 feet required for a multiple dwelling building. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. The request to reduce the rear yard setback from 40 feet to 19 feet is for two reasons: (1) to correct the existing encroachment of the motel building; and (2) to allow the construction of the addition along the existing setback. The subject parcel is a corner lot in which the front yard is defined as the shorter of the two street frontage.s. The rear yard in this request functions as a side yard as the motel faces Highway 65, the longer of the two street frontages. Adjacent to the northerly lot line is the Locke Park and the Rice Creek Trail System. There are no structures to.the north of the motel, and the area is heavily wooded. Granting the variance, therefore, would not have an adverse impact on adjacen�k structures. The.proposed addition does not encroach into the bluff area of Rice Creek and would not adversely impact the natural amenity of the Creek. The request is within previously granted rear yard variance requests. The City has previously granted a rear yard variance to 0 feet. Parkinq Setback Section 205.09.OS.D.(5).(a) requires a parking and hard surface setback from any street right-of-way. � Public purpose served by this requirement is to limit visual encroachment into neighboring sight lines and to allow for aesthetically pleasing open areas adjacent to public right- of-ways. The petitioner requests that a variance be granted to reduce the parking setback from 20 feet to 18 feet. The purpose of the request is to allow a small expansion of the parking area. This will increase the amount of space for cars to back out of the parking stalls. 10C Staff Report VAR #94-13, 6881 Highway 65 N.E., Warren Paulson Page 4 Granting this variance is within previously granted variances (0 feet) and would not have an adverse impact on the landscaped area adjacent �o the parking lot. There is adequate screening via the existing coniferous trees for the parking area. RECOMMENDATION/BTIPIILATIONB: ♦ Staff has no recommendation regarding this request. If the Commission chooses to recommend approval of the request, staff recommends the following stipulation as a condition of approval: � 1. Special Use Permit request, SP #94-08, shall be approved. APPEALS COMMISSION ACTION The Appeals Conunission voted unanimously'to recommend approval of the request to the City Council as stipulated. CITY COIINCIL RECOMMENDATION Staff recommends that the City Council concur with the Appeals Commission action. �>. 10D , VAR ��94-13 Warren Paulson I, . 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K / � -��- - ta eere�wtaeor►�wc . � ` /j z V�CATED STREETS :J •Z 8�F �j�C 1 C-Nt GENEII�IOfFItE ❑ - - , /I 3 ` �F ZONING IIIIAP� � e i t � � � � � � ; a � � � � � : O 2H �n' � s,a � � ,•s O � ��' j O � aa �b a xs ; aw e R Sz � ' ^ � ---�,� � �_ � - ��' $ � `o 0 �., �� €g � i a �; -, f i . . � €a e i i . R = x�Y= � � e � � � E tl�� �$ �� t ��:� S `a . . �...� S O' A 2 i a a � �6= :� $� �Y � � ~ �€ . . �S ` . _... ; . �`=a . �8 er 1 t e S�Q i $� ii t e � ;`'u �x Ssa i . e � ! �� �. � ° �$� �$ ._. VAR #94-13 Warren Paulson w ;'-_�� _a � _� 1 S° 7 'i �i i _ � 2 x �B ' �F�� �� � ( �� YYaw:NKk..y..S+a� � � .I ._:1. - {- . j � � � � . � . . .. - . _ — i—• �Y—! I j � � . _. ... .. . . _ ._ _\ _'- J �� �•- - ' � - Mw[I IO - � .� ' . � . � . 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' •� : . � i `' � � I� ����,'" .o..,s � . :'n.� a„ , �� ,.�,«�. � , .,.....� � � g; a + � 1 ..mra. i � .� �woov� {f ttn>. y .vsiry..r.ao. �� �: 1� .Q� I I . .. �� i� r = °_�- � = �'l� ��� .�=� ����__ p('� Sjlllrh` �f-.rt�� �: _o,. -r-?�, \\ � �s, . � _. . i:. T� ���f�a° ,s_ `J_____ \ � � I C ' � I " + � :: :: � O i .: _ � = z =4_ : _�_ ___ �-_-____ I �. � ? �I I a; ; •. ; • • \t i•� �,•' ...m,---q;�°! -� , � �_ ., _-� __z-R�- -�-r � i � �� , •• I , � i ♦ `-----lD� r; 1 � �-- i � ' (. �,^� ' . - � . � . i { . y � � �" t i i ' " _' __'_'_"""__'_"'" _"'_ '_ ' � _""" ' '_ ' "' __' ," "__"' _""'�"" ' ' � ' ' � � �-- ""__'F ' "_"""' �_ _ � ± ; i � 4 :f-------- - r---- --�------ � \ �% � rr . ) .. ' -. / �� 1 � ,_f t . .... .:: F �- .a... _c " �.<- � ::_:.., . �. s:::; :! ' i � � . . .__ , � `s '"----- — 1 � r Y $. � /.°.Y. ;'1Ji���i �E �I�i ��� � , $ --.,-��_ J � ' � � ��.y �3�_�. �^� _+� ,�_ � , i � , �- '_' "" ' ' � ��_ •i a�. �D. __ � �� -i� ---- ----- ----------- -- — p� w w...� '�"""__� "' .fino._ "_"" ._______ _y._ ____ _____ aCC?"_____L � • I_""'�' "__' ,� l_ _ . _ _ ..a.._w °r�+�. ou J ��__ "" 1 — � s � � — �_ ...� ------�_'--__ — -� .� ---��- = - �- -_--- _---.i ; . - -=� ;.�:�� __!�BjT- i �r ;� isa5 � _ "� _ S; � � .. ;i�.�. ��� ` "s � � �-� a� . �P � � ------��----�� - -- � S i +' � � �� @ �v � � � } : � ,' :! � 1� �• �;' '�4`I Si . . i -- - :.cw�:a. - '3� • . �---- ---r:,r:-J_ --`-----� - �' ----/----.. •- — •-f •--�! _—. -.� --- -w-- �-_�----=-- _-�---- T � 10G 0 � Dr. Vos stated the petitioner has the on of getting a building permit for the garage sin hat request was approved. � However,.if the petitioner wis to add on to the three-season porch, they must go to the y Council. Ms. Dacy stated thi as correct. The variance request for the three-season po will go before the City Council for final action on Au st 1. 4. CONSIDERATION OF VARIANCE REOUEST VAR #94-13 BY WARREN PAULSON: Per Section 205.09.03.D.(1) of the Fridley Soning Code, to reduce the front yard setback from 35 feet to l0 feet (existing encroachment); Per Secti�n 205.09.03.D.(2j.(c} of the Fridl.ey Zoning Code, to reduce the side corner setback from 35 feet to 30.33 feet; Per Section 205.09.03.D.(3j of the Fridley Zoning Code, to reduce.the rear yard setback From 40 feet to 19.44 feet; Per Section 205.09.05.D.(5j.(aj of the Fridley Zoning Code, to reduce the parking setback from 2b feet to l8 feet; To allow the expansion of the building and parking on�Lots 5, 6, and 7, Valley View Manor, the same being 6881 Highway 65 N.E. (Sunliner Motei). MOTION by Ms. Smith, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KIIECHLE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 9:13 P.M. . ' Ms. McPherson stated the variance request is for the Sunliner Motel located at 6881 Highway 65, which is on the northeast corner of the intersection of 68th Avenue and Highway 65. The property is zoned R-3, General Multiple Family Dwelling. The motel is a special use under the R-3 district. The petitioner is proposing to construct a 36-foot x 48-foot, 8-unit addition to the existing 14-unit motel, office and living quarters. Four variances are being requested. The first request is to reduce the front yard setback from 35 feet to 10 feet for an existing encroachment. The second request is to reduce the side corner setback from 35 feet to 30.33 feet for the proposed addition. The third request is to reduce the xear yard setback from 40 feet to 19.44 which is for both an existing condition and proposed addition. The fourth request is to reduce the parking setback from a public right-of-way from 20 feet to 18 feet. ' 10H � � APPEALS COMMISSION MEETING, JIILY 12, 1994 PAGE 17 Ms. McPherson stated the first variance request is to reduce the front yard setback from 35 feet to 10 feet is for the existing motel office and living space. The existing building is located 10 feet from the front property line adjacent to 68th Avenue. There is a 16-foot boulevard from the property line to curb line at 68th Avenue giving it a total distance of 26 feet of green space. The Commission could choose not to grant this variance allowing the building to remain non-conforming which would allow the future Council to determine if a variance should be granted at such time the building is damaged to more than 50� of its value. The existence of the structure at this location does not encroach on adjacent lines of sight. Ms. McPherson stated the second variance request is to reduce the side,cor�er setback from 35 feet:to 30.33 feet. -This is for the proposed addition. The side corner is adjacent to Highway 65. Between the proposed addition and the Highway 65 travelled roadway is a drainage area and a bituminous walking path which enters.the Rice Creek walking trail north of the subject parcel and is also a green area with coniferous trees and some lamps. Granting this_variance would not have an adverse impact on lines of sight as the �iuilding is set back from the Highway 65 riglzt- of-way. There are also no structures located north of the - subject parcel. This request is within previously granted variances for front or side corners which have been granted down to 15 feet for similar requests. Ms. McPherson stated the third variance request is for the rear yard setback. The rear yard setback is to be 40 teet. This is a unique parcel in that the front yard is d�efined as the shortest of the two street frontages; therefore, the rear lot line is the northerly lot line. In this particular_instance, what is defined by the code as the rear yard actually functions as the side yard as the motel fronts Highway 65. This request is to co'rrect the existing encroachment for the existing motel building and to allow the construction of the addition along the same existing setback. Adjacent to the building is the wooded area for the Rice Creek trail system. There are no structures adjacent to the motel on the side and this proposed addition does not impact the bluff area. It is proposed to be on the flat portion of the slope. This`request is within previously granted rear yard variance r�quests. The City has previously granted a rear yard variance down to O feet. Ms. Mc.Pherson stated the fourth request is to reduce the parking setback from 20 feet to 18 feet along the Highway 65 section. This small expansion will provide addition back out space for the parking areas adjacent to the motel building. It would not have an adverse impact on the existing green space adjacent to the parking area and it is within previously granted variances which have been granted down to 0 feet. There is adequate screening of 101 APPEAL8 COMMISSION MSETING� JIILY 12, 1994 PAGB 18. the parking area provided by th� evergreen trees.within the landscaped area. Ms. McPherson stated staff has no recommendation regarding the variance requests. If the Commission recommends approval of the request, staff recommends the following stipulation: l. Special Use Permit, SP #94-08, shall be approved. Dr. Vos asked if there was a need to go to the Rice Creek Watershed District. Ms. McPherson stated the p�titioner will be required to obtain any necessary permits from the Rice:Creek Watershed. That stipulation will appear as part of the special use permit. Ms. Smith asked the purpose of the space for backing out in the parking lot. Ms. McPherson stated.the parking spaces are perpendicular to the motel. The purpose of the space is for patrons to back out of the space when leaving the motel. � Dr. Vos asked if`there was any ratio of parking spaces to motel units. . - . .: �,: .:. . . Ms . McPherson stated `�the number' of parking`-`spaces ` meets�-the' requirements. Mr. Paulson stated he purchased the motel five years ago as an investment for his wife to run, and he had planned to go back to engineering. He did not find an engineering positidn, and over the years has found that 14 units is not enough to earn�-a living. They feel they must expand at this time in order to keep the motel and to continue to upgrade. When they first purchased the motel five years ago, it was starting to get quite badly run � down. They have put much labor and money into the motel to maintain it. A few years ago, he purchased a franchise with Budget Host, a national chain, who inspects the building twice a year to assu�e the level of upkeep. Also, five years ago, there was no landscaping at all. They have landscaped the front parking area where the office is loaated and have added flowers. They have extended the sidewalk out from 4 f,eet to 9 feet. It has become a fairly attractive property. Mr. Paulson stated, as far as the setbacks, if the front of fihe property had stayed at 65 feet rather than 68 feet, they would.be in compliance with almost all the setbacks. The "bump out" on the office space is the�same distance out as the proposed addition. This existed at the time they purchased the property.� There will be no windows on the east side which faces the 10J APPEALS COMMISSION MEETING JULY 12 1994 PAGE 19 residential area. so patrons cannot look out into backyards. They have a 6-foot privacy fence between the motel and the residenc�s. Windows will be facing the parking lot or Rice Creek Watershed. According to the survey, there is about 21 feet of grassy area. They surveyed out to the post and, between the post and the parking lot, there is 1 foot to 1.5 foot. He is really increasing the parking lot by about 5 feet. Between the motel and Highway 65, there is approximately 60 feet of grassy area that he maintains so that it looks like part of the motel property. There are currently 24 parking spaces. Two spaces will be lost to the expansion. Parallel parking on the side will add 10 spaces for a total of 32 spaces. The motel will have 22 units with 32 spaces plus 3 spaces in front of the office area. Dr. Vos asked if the expansion of the parking lot would accommodate trucks. Mr. Paulson stated this is one o� the problems. Trucks now have to jockey once in order to get out of the parking lot. The addition to the paricing will allow easier exit for trucks from the parking lot. All the conifer trees and the lamp are on motel property. The trees are right on the property line. The pole is on city property. Dr. Vos stated the addition is a two-story structure and asked if this would be similar to the structure on the south side. Mr. Paulson stated the addition would be very similar. The structure on the south is a split level building.. Dr. Vos asked if they would match the exterior. Mr. Paulson stated he is proposing the addition have metal siding. The current structure is wood which he would like to change to reduce the maintenance. Ms. Stewart stated she lives directly behind the motel. She asked if the proposed addition would in any way change the walkway. Mr. Paulson stated it would not affect the walkway. Ms. Stewart stated, with more cars, will there be a stop light there? There is already heavy traffic and it is difficult to get out of that area now. Mr. Paulson stated they have trouble with people cutting through on Channel Road when they miss the stop light. Ms. Dacy stated, regarding the stop light issue, the Minnesota Department of Transportation (MnDOT) is responsible for Highway 10K APPEALS COMMISSION MEETING, JIILY 12. 1994 PAGE 20 65. Based on the number of units being added to the motel, the additional traffic is not at the level where MnDOT would consider another traffic light. They are trying to eliminate as many intersections between the existing traffic lights as possible in order to improve the flow of north/south traffic on Highway 65. They have been closing some of the median crossings again with the intent to improve the flow of traffic. She will check with the Public Works Department, but she thought the City had been looking at that intersection for some time and the City may have requested some type of control at that intersection. Dr. Vos asked if there was a stop sign on Channel Road. Mr. Paulson stated no. A stop sign on 68th would slow traffic in that area. Ms. Dacy stated the City Council has requested using the process to get a petition from the affected neighbors in�the area showing an interest from the majority of affected people living in the area. A stop sign is easier to have installed than a traffic� light. - Ms. Stewart asked, with the improvement, will �hat include taking down the oak tree that drops acorns in her pool? Mr. Paulson stated the clump of oak trees would remain.•: Ms. Mau stated her co�cern is with traffic at the exit by the office area and the fact that she has a 12-year-old who rides a bike in that area. Cars come out of the parking lot without looking. Is there a possibility that a stop sign could be placed at the exit of the parking lot so patrons would stop? Because of the landscaping and the visibility is somewhat limited, cars look toward the highway but not the other way. Ms. Mau stated another concern is the privacy fence. They have had their side painted but another neighbor is elderTy and cannot maintain the fence. She wanted to make sure the fence is going to stay and to make sure it is maintained. Dr. Vos asked if Ms. Mau objected to the addition. Ms. Mau stated no. The motel does look nice. Her concern in moving to the neighborhood behind the motel is that motels do not have good reputations. They have been good neighbors. The path is used a lot by the neighbors and they do not want the path affected. Mr. Kuechle asked the petitioner for his comments about a stop sign. 10L . � APPEALS COMMISSION MEETING, JIILY 12. 1994 PAGE 21 _ Mr. Paulson stated the area where the patrons exit is actually city property; therefore, he felt this would be the city's decision. Ms. Dacy stated it is unusual for a petitioner to place traffic control signs on their own property. The question is where a stop sign would best be located. The installation of a stop sign is a stipulation that could be put onto the variance or the Special Use Permit. Perhaps this should be considered for a Special Use Permit. Dr. Vos stated this was a reasonable request. This is not a hardship'for�the'petitioner and a safety factor for the good of the;neighborhood. - Mr. Paulson.asked:if;there are plans-to curb that area. If this were to happen,.the driveway could be narrowed and a stop sign installed. The driveway at this:�ime is very wide in��hat:area. MOT3ON by Dr. Vos, seconded by'Ms. smifih, to close the publia hearing. , : UPON:.,;A VOICE VOTE,::ALL VOTING;:AYE,:;VICS-CHAIRPERSON`RQBCHLE:- �` DECLARED .;;THE:'-MOTiON 'CARRIED;'���ND THE- PIIBLIC `HEARING CLQSSD AT 9: 43 P.M. _ ; - t.� � a .�,r',r t f Ms ��;Beau��eu-�;statedFfshe;�wou�d�v,ote��o.,approvetali=�sfour�v.ariance.,..<<;',_ _. 'requests.��'Either`the conditions�are existing,.partially-existing and`new, or new and, according-to staff, there is no adverse impact. It:sounds like the;owner has improved the property and wants-to continue;to do so. >The hardship is the definition of what is the front, side,and rear yards. � Dr. Vos stated he:would also<vote for all four variance requests. He-lives in the"neighborhood,:;;and_the motel has improved over the past five years. The requests are reasonable: Ms. Smith agreed. The petitioner has an inclination to work with the neighbors. The requests are within the spirit of the code. � Ms. Kuechle stated all requests are reasonable, especially in light of the fact that the request is for backing up to a fairly isolated area and has no adverse effect. He would recommend approval. MOTION by Dr. Vos, seconded by Ms. Smith, to recommend approval of variance request, VAR #94-13, by Warren Paulson, per Section 205.09.03.D.(1) of the Fridley Zoning,Code, to reduce the front �::;. yard setback from 35 feet to 10'feet (existing;encroachment); per Section 205.09,03.D.(2).(c) of the Fridley Zoning Code, to reduce the sid� corner setback from 35 feet to 30.33 feet; per Section 1OM'` APPEALS COMMISSION MEETING, JOLY 12, 1994 PAGE 22 205.09.03.D.(3) of the Fridley Zoning Code, to reduce the rear yard setback from 40 feet to 19.44 feet; per Section 205.09.05.D.(5).(a) of the Fridley Zoning Code, to reduce the parking setback from 20 feet to 18 feet; to allow the'expansion of the building and parking on Lots 5, 6, and 7, Valley View : Manor, the same being 6881 Highway 65 N.E. (Sunliner Motel), with the following stipulation: 1. Special Use Permit, SP �94-08, shall be approved. QPON A VOZCE VOTE,;ALI. VOTIN6 AYB,'VICE-CSAIRPERSON RIIECHLE DECLARED T8E MOTION CARRIED IINANIMOIISLY:` Ms. McPherson stated-the Planning Commission wili,,review the� : - Special Use Permit and the request will°��go before :the `City �; Council in August.` - j 5. UPDATE OF PLANNING COMMISSION AND CO L CTIONS: . _ ' Ms. McPherson provided an u�date of. anning Commission�and�..�'�' Council actions. ADJOURNMENT - _ . , '� MOTION by Smith;�=_ seconde by � Vos, � to adj ourn �; the :meeting �;� �• �: I `� II�N � ., . � � ; � , . , `:'r r..:. . . � . � , .. . ... ., . ,. . , ;i:, c y 5�.," r�r"i -'� +° ' � E . � A -; VOICB . DECLARED TH8 COMMISSION'ME MOTI . CARRIED: AND THE`''�IILY°` 1 E G `'ADJOIIRNED `AT 9:00 P.M:' submitted, �li?. � Z,avonn Cooper ' Recording Secretary 10N AIR�BRSON�, ' , ' �,� ` :' 4'r3' . :� 2,''''199��;�` APP � . �� r;�r ' ' ;:� 4 '��� .. . {,.� � � . '.K . .. �� . . . ' �, r � � I Community Development Department PLAS�TNING DIVISION City of Fridley DATE: August 21, 1994 �y ��v TO: William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Extension of Variance Request, VAR #93-36, by United Stores; 785 - 53rd Avenue N.E. We received the attached letter from United Stores regarding the variance request granted by the City Council in 1993. The . variance reduced the front yard setback from.35 feet to 0 feet and reduced the hard surface parking setback from 20 feet to 10 feet. Once the variances were approved by the City Council,; United Stores discovered a series of restrictive`-covenants recorded against their praperty preven�ing the expansion of.the building :�= At this time; :� Target is :unwilling :�-to� work =w •United � Stores� to remove �the restrictive covenants; whieh �will �"e�pire : in 1997. United Stores is requesting that an extension be`granted untiZ 2997. After the variance approval, we became aware that United Stores intended to keep the dropped trailer on the east side of the building. The owner has agreed to remove the trail�er,when additional storage space is constructed with the expansion. Staff recommends that the City Council extend the variance request, VAR #93-36, until December 31, 1997 subject to the owner removing the trailer upon completion of the building expansion. MM/dn - M-94-459 �0 o D � O o �J OUTFITTERB FOR WORK & OUTDOORS * Corporate Offices �785 53rd Avenue No. Fridley, MN 55421 (612 572-0031 Fax }612� 572-1003 July 11, 1994 Mi�hele McPhereson Planning Assistant Fridley Municipal Center 6431 University Ave. N.E. �ridley, ivin. 5��"s2 Subject: Request for an extension on the variance granted United Stores for parking and for building �to our property line. Request to delay implementation of the cites order to remove a storage trailer. . Dear Michelle: This letter is a formal request to the city of Fridley to grant an extension of the variances granted to us in our efforts to expand our Fridley building. Target stores has restrictive covenants on this : property and seems unwilling to cooperate with us. Through the course of my discussions with Target I discovered that these restrictions will expire in 3 years. As this is the case we need to wait for this expansion until 1997. In June I was notified by Ms. Dacy the development director that our use of a trailer backed to our dock was a violation of a variance we had obtained for outside storage of canoes. She has allowed us ta keep this storage temporarily provided vve come up with a plan to remov.e the trailer. My idea would be to incorporate this outside capacity into our new addition when construction commences in 1997. As the trailer and canoe storage are very well screened and present little or no impact on our neighbors I hope the city will go along wifh this plan. Sincerely, w � , � �_ , Benja in Rischall President, United Stores 11A � - _ C11YUF FR[DLEY � FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 •(61?) 571-3450 • FAX (612) 571-1287 United Stores Benj amin Rischall - . 785 - 53rd Avenue N.E. Fridley, MN 55421 Dear Mr. Rischall: CITY COUNCIL ACTION TAKEN NOTICE February 11, 1994 On February 7, 1994, the Fridiey City Council officially approved your request for a variance, VAR �93-36, to reduce the front yard setback from 35 feet to 0 feet, and to reduce the hardsurface setback from the public right-of-way from 20 feet to 10 feet, all to allow the construction of an addition on� Lot 3,_ Block l, Target Addition, generally located at 785 - 53xd Avenue N.E.; 'with the followinq stipulations: : �,.,;..:= �- �-� . '��,:- - . 1. The petitioner shall submit a Iandscaping plan with the building permit application showing existing landscaping and additional parking lot screening along the westerly lot line. Parking lot screening may be achieved through a three foot berm or a hedge or a combination of the two. The landscaping plan shall also indicate three new trees to be�planted al,ong the westerly lot line. � 2. The petitioner shall provide a grading and drainage plan and hydrologic calculations for review and approval by the Engineering Department with the building permit ap.plication. 3. 4. The petitioner shall submit an erosion control plan with the building permit application. The addition shall be architecturally compatible with the existing building. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. 11B �^- � . � United Stores February 11, 1994 Page 2 If you have any questions regarding the above action, please call f ine at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn _ • Please.review the above, sign the statement below and return one copy to the City of Fridl.ey Planning Department by February 25, 1994. . Concur with action taken. � �,� _ , . . , 11C = £ VAR �i693-36 . ��nited Stores � �• .. • �` \ Gu,4(�/fov56 — �uoo t� /8, �10 �' - 2cno = q. /¢ " '' �Al(� ///SO � �G¢O I� �/s'O n $7 (o � �� �� � � 78 �N� S�� \ �g of ufif/G/f rvlu- SE \ y�� Y \ \ ,�,�,� ��,�,�,y N�yq 7� R o,A: �q mTs ) �� _ � • ��� � � \ R''� `. 4..9�'s�� � '.v�_ ��� .i' r��6 �%/C � �� 9'9Q � r r�J>>�� � � ,� � 90�� � � � t^) . �960� �. �` � i �'•� � . /'�tvosEO �•+. ��rnAi.w� � �,�Op� . . � � ,v� � �.� � . p94 9 �'• . ` � ` . �—F- s+Y � � ' - �a�- . ss9-_-�� RqMA �•�. O`,k -.�` , � ,�°?��3 -_ o?o . ,.. 6. .�.. - � ��, . �, � 'r•�l� : ' �s` F `��� \60 � . Oq��N `� _ �x� K � � _\ . S6 :8 � G �. • `` \p e� 0 908.2 � ` , � . � ' . ' . . � �/) . < y P'�a`p` . . `` �f�� _!.• ' ' \ � . � / . 7 • lA�S4 t ' "`� 9oz e . . r.q„r ..... . _.. - o � , . . .ti b�5'_o �± � - �. �' • ' a , � � . Z �N . � '� ; ; � . ' � �� . O ti � rv EXISTING BUILDING ;. . : ` r2.c:` ' �"�,.: �.,.; ��.,�t' . 'o � �. ` • Building lloor eleva#ion=897.0 : � . _ . - �� � � `T � N ov - ivew�AOO,ria�l�i�s�o� � � . � ;' uj 3000 �1' :�h �v 0 m •� � � �. I60 Z I � �. : -� ez9 I �I� lt�G NG /!G �p /3 � . 4 � -- ' -_ io io' 7yP • �,, � MeN. /YEGU P.4VbD �P-EPa � . (Pl�opvsED� �.�i � • _� - �. I . N • . .i �q � _�_ .' .� � ` . /y EXlSr/Nl,� P.�vE� .:t.r'f'HC� 2 NF , 8 f _ _. —� — — — — — — —E1usj7N(� {�1RK�Ny - 6z. sPP�� , I _ � '' CO H:G� . . � /5 �ul PAP-�+rvG� - �8'f� H� �� �` � � F ` PROPOSED SITE PLAN � M � r � � � Community Development Department NG DIVISION City of Fridley DATE: August 11, 1994 TO: William Burns, City Manager ��� FROM: SUBJECT: Barbara Dacy, Community Development Director Resolution Renaming 59 1/2 Way N.E. to Island Park Drive N.E. The property owners along 59 1/2 Way N.E. have signed a letter to request a street name change from 59 1/2 Way N.E. to Island.Park- Drive N.E. The prvperty owners believe that the name "suggests that the street is an alley, somewhere between 59th and 60th Street". In addition, they explain that 60th Street "is,really Charles S.treet", apparently campounding.the.problem. Finally, the owners believe that the new street name is more appealing and provides a name recognition with the Islands.of Peace Park nearby. � _. �, �,.. _ The request'has been routed to'a11 City departments. 'Upon approval by the City Council, the Public Works Department will order and install new street name signs. The Building Inspection Department will notify the post office and public utilities. Recommendation Staff recommends the City Council approve the attached resolution as presented. 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' CH AN �°'� � ' "� . wa ° N.E� � � , �, ��; � lSL � � ! a �� r �r � � 59� ��- ,; , 1 la�d .� � � T ` r�_.y � y� � w y� ;.:. �i � � tpN« � ,� / � � . �� � � �V r� N -A N � ' (i� � � ra•a:� CI t.;�tj �� � � 0 CQ N� 'r � N � � r� � j � � , i ♦ .h` � �v ;� �, r�� � ,�/y.'! ' ' -, � - � � � h , � :_, � a TA S' : t , f��,� �►, � �` �� I_._ 9 b f` . " � _'' � / ` �o �� fs: ss i r � 3s �' �y* 1 !s - � . ...•����...... � ' �' �� J(% H ,• - - '� � �'L' . � � w:h �it'p� � / L,` ♦ � � i r t' � � �` ,�0��`'�} k / . 1�� �1 '��'! r � �' � � � � ' � • �1 ya . � � �,!'i ►1,. .' `��� �ti i TRACT A , �,. � i '� ;' � , ! �'4' .�� �� i �`� +�' . s '•�; �� . f� . • 5� � �� �� �� � � s � , � . . , � : �; �� F . .� _ -;-� _ � � � , , � � u�° t• ��5` �1 �� •'�.¢''` �'.. � ;!�` '�j � ` 1 � z y Y ;. . , ���, � ��5 �y 2A� ��;� •� �°�; � .� s� �� � r. �'T r'�,. � 0 . ; ; 2e ( � c. T .� 5• • I /1 "1 /� �.� �-. f _ . � ��'' r RESOLUTION NO. 1994 RESOLUTION RENAMING 59 1/2 WAY NE to ISLAND PARK DRIVE NE WHEREAS, 59 1/2 Way nms generally in a east west direction between East Riv� Road and Anna Avenue; and WHEREAS, there are six lots that front on 59 112 Way, witfi four using 59 1/2 Way as t6eir address street and two using East River Road as their address street; and WHEREAS, the owners of the four 12 unit aparhnents that use 59 1/2 Way as tfi�ir address have petitioned for this change of str� name; and WHEREAS, the name change could assist in locating Island of Peace parlc; and WHEREAS, the Police and Fire Departments of the City of Fridley have no objections to the stre� name being changed; NUW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley: l. That all of 59 1/2 Way NE be renamed Island Park Drive NE; and 2. The City Finance Director is hereby directed to registea said stre� name chsage with the appropriate authorities of,Anoka County and the Uoit�ed� Stat�es P�tal Service as � .; well as other affected partie.s; and - 3. That this change will take effect immediately. PASSED AND ADOPTED BY TI� GTTY COUNCII. 4F THE CTTY OF FRIDLEY THIS DAY OF , 1994. , ATTEST: WILLIAM CHAMPA - City Clerk 1 zB WILLIAM 7. NEE - Mayor . � � �� .-,C! Gf , � ��,t � , • ' ,}� � � � July 22, 1994 Ms. Mary Hintz Inspections Department City of Fridley 6431 Uri�versity Avenue N. E. Fridley, MN. 55432 Re: 591/2 Way S#reet Name Dear Ms. Hintz: Pursuarrt to our recent te{ephone conversation, I am writing to request that the street name of the above siree# be changed to: "lsland Park Drive", I purchased the small apartmerrt at 150 591/2 Way in 1984. Recentty, i have been having a progressively more di#ficult time attracting and keeping good renters. There are severat reas�ans for this, but one of tMe problems that ! have always faced is the str�ef name. The current name suggesrs thaf the street is an ailey somewhere between 59th and fi0th street. To cornpound the gec�graphi� problem, what shoutd be 6Qth street is reatly Charles Street, so trying to expiain to som+aone where 591/2 Way is can be very dii�cuit. Of even more importa�ce than geography, the name i�self suggests that everything connected w+th this street is shoddy �nd second class. 1 have always-been kiddeci abaut the name from acquairrtances and tena�ts, and t do think it is a deterrent to prospective renters even coming out to look at my units, to say nothing of not renting them. tt was a very poor selection vf a street name in the frst place, and the problem wilf not go away with time. With the difficutties of the current rerrtal market to deat wi#h, the poor street name is one of the factors 1 would tike to see addressed. There are only four properties on the street who currenttiy have the 591f2 address, a�d the other three are iwelve unit apartmerrts like mine. I have discussed this probiem with ail of them, a�d they are in unanimous agreement that the street name shoutd be changed. Due to fhe proximity of lslands of Peace Park just to the west of our property, I would suggest the name of `Island Park Drive", since many peopte enter and leave the Park on 591/2 Way. That is a love4y name that connects this short street to the Park from a geographic standpoirrt, while making tor a classy address that owners and residerrts can be proud of. 12C I am mailing this to you this date, and am mailing a copy to the other owners so they can mail their agreement and aoquiescence to you. Please act on this request as soon a possible. , very truiy rs, ___ __� J n H. Ward 59i 6 Hansen Road Minneapolis, MN. 55436-2513 We have read the above letter of John H. Ward, and as the other three property owners with a 59112 Way Address, we unanimousiy support the change in street name #o Island Park Drive. Curt Bostrom 190 Buiiding Fit-Bar Enterprises S#even Fiterman 151 Building 12D David Baune 191 Building .• t am mailing this to you this date, and am maiting a copy tQ the other owners so they can mail their agreement and acquiescence to you. Please act o� this request as soon a possible. Very truly yours. John H. Ward 59i 6 Hansen Road Minneapolis, MN. 55436-2513 We h�ave read the above fetter of John H. Ward, and as the other three property • owners with a 591l2 Way Address, we unanimously support the change in street name to Island Park Orive. Curt Bostrom 190 Buiiding , ! Fit-Bar Enterprises Steven Fiterman 151 Building 12E David Baune 191 Building ,rI � ! am mailing this to you this date, and am mailing a copy to the other owners so they can mail their agreement and acquiescence to you. Please act on this request as soon a possibie. Very truly yours, John H. Ward 5916 Hansen Road Minneapoiis. MN. 55436-2513 We have read the above ietter of Jo�n H. Ward, and as #he other #hree property owners with a 591/2 Way Acldress, we unanimausly support the change in stre�t name to Island Park Drive. . `��2 Y /� ���� � Curt Bostrom i 90 Building _- Fit-Bar Errterprises Steven Fiterman 151 Buiiding 12F David Baune 191 Building I am mailing this to you this date, and am mailing a copy to the other owners so they can mail their agreemerrt and acquiescence to you. Piease act on this request as �oon a possible. Very truly yours, John H. Ward 5916 Hansen Road Minneapolis, MN. 55436-2513 We have read the above letter o# .lohn H. Ward, and as the other three property owners with a 591J2 Way Address; we unanimously support the change in �treet name to Island Park Drive. Curt Bostrom 190 Building Fit-Bar Enterprises Steven Fiterman 151 Buiiding � F' 12G d Baune Building . r s� TO: FROM: DATE: SUBJECT: F�,��ee� ,� . s�,ve� VV;�tcr Parks $treE:t; �1a:n;era��cc ME MORAl\TDUM William W. Bums, City Manager � � John G. Flora,�Public Works Director August 15, 1994 Main Street Improvement Project No. ST. 1994-8 PW94268 The Anoka County Highway Oepartment is proposing to upgrade Main Street (CR f 02) from �I- 694 to 44th Avenue under their project No. CP 89-28-102. The project consists of instaliing concrete curb and gutter, improved surface drainage and the instatiation of 42-in. storm sewer pipe to provide for storm water flows.: In addition, the Courrty will be constnacting a bikeway/walkway on the west side of Main Street. The total cost for the County project improvements and the bikeway/walkway system is�currerrtly estimated at $242�704.26. . It has been a City poticy to assess concrete curb and gutter on a frorrt foot basis for $8.00/front foot. The bikeway/walkway installations have been assessed to the abutting properties. Both of these assessments are for 10 years. In addition� this project incorporates a major storm water construction to accommodate the industrial properties on the west side of Main Street. Storm water assessments are for 20 years. Accordingly, it would be appropriate to schedule a public hearing for the improvement project and iderrtify the estimated assessments associated with the County project. Recommend a public hearing be scheduled for September 6, 1994 to present the assessments for the concrete curb and gutter, bikeway/walkway and storm water improvem�nts. JGF:cz Attachments 13 � �.. �� . , � CITY OF FRIDLEY NOTiCE OF HEARING ON IMPROVEMENTS MAIN STREET IMPROVEMENT PRO.lECT NO. ST. i994 - S WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the imp�ovements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 6th Day of September, 1994, at 7:30 pm, the City Council will meet at the Fridley Municipal Center Councii Chambers, 6431 University Avenue NE, Fridley, MN, and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvement is the construction (in the lands and street noted below) of the foliowing, to-wit: CONSTRUCTION ITEM Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curl3 and gutter, storm sewer system, waterand sanitary sewer, bikewaylwalkway, landscaping, and otherfacilities located as follows: Main Street I-694 south to 44th Avenue Est. $242,704.26 Ali of the land abutting upon said street named above and all lands within, adjacent and abutting thereto. All of said larrd to be assessed proportionately according to the benefits received by such improvemenfi. PUBLISHED: FRIDLEY FOCUS August 23, 1994 August 30, 1994 13A Gng�^.eer, �.^_. Sewer �^:ater f'�+rks ,`itrBE'ti f�.".liill;f^�"CC _ MEMORANDUM TO: William W. Bums, City Manager c�� � � FROM: John G. Flora, Public Works Director DATE: August 15, 1994 SUBJECT: Ce�tral Avenue Storm Water Improvement PW94272 I have worked with the Anoka County Highway Department for their participation in the 64th Avenue Storm Water improvemerrt project As a certain amount of water that is being serviced by the 64th Avenue storm system along.Central Avenue is a result of the Central Avenue design� I have asked the County to participate in its cost We have received a Joint Powers Agraement for execution by the City in which the Courriy has agreed to reimburse the City $23�284.80 for their portion of the storm water improvement cost. _- � _ _ Recommend the City Council authorize the Mayor and City Manager to execute the Joint Powers Agreement No. 940086 with the Anoka Courrty Highway Departm8nt fo`r:`improveme�ts � to the Central Avenue storm water system. JGF:cz Attachment 14 � . �..,� / Anoka County Contract No. 940086 JOINT POWERS AGREEMENT FOR THE UPGRADE OF STORM SEWER ALONG COUNTY STATE AID HIGHWAY NO. 35 (OLD CENTRAL AVENUE) THIS AGREEMENT is made and entered by and between the County of Anoka, a polifical subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County," and the Ciry of Fridley, 6431 Unaversity Avenue Northeast, Fridley, Minnesota 55432, hereinafter referred to as the "City." WiTNESSETH: WHEREAS, the City desires �to upgrade the storm sewer along County State Aid Highway (CSAH) No. 35 (Old Central Avenue) which improvemenfs, in part, benefit the County; and . WHEREAS, rhe City has requested that the County participate in the cost of the upgrade to the storm sewer along CSAH No. 35; and WHEREAS, Minn. Sfat. § 471.59 authorizes polidcal subdivisions of the state to enter into joint , ' ' powers agreements for the joint exercise of powers common .to each. . : - . . : � ° � -� .; � . NOW, 'iIiEREFORE, it is mutualiy stipulated and agreed as follows: I. PURPOSE: The parties have joined together for the purpose of upgrading the storm sewer along CSAH No. 35 as described in the plans and specifications on file in the office of the Ciry Engineer. II. METHOD: 1fie City shali provide all engineering services and shall cause the construction of the upgrade of the storm sewer. The calling for all bids and the acceptance of all bid proposals shall be done by the City. III. COSTS: A. The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs, and equipment rental requirefl to complete the work, shall 14A constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs which wil[ be incurre�i for this project. B. The County shail pay to the City 19.6% of the construction cost of the improvements ap to a maximum of $21,Sb0.00 plus 89b for engineering, for a total estimated cost to the County of $23,284.8Q. C. Upon final completion of the construction, the County shall pay to the City, upon written demand by the City, its portion of the construction cost of the project not to exceed $23,284.80. IV. TERM: This Agreement shall continue until (1) terminated as provided hereinafter, or (2) until the construction provided for herein is completed and payment provided for herein is made, whichever of (1) or (2) shall first occur. V. DISBURSEMENT-0F FUNDS: All funds disbursed by the Couaty or City pursuant to this Agreement shall be disbursed • by each entity pursuani to the method provided by law. VI. CONTRACTS AND PURCHASES: All contracts let and purchases made pursuant to this Agreement shall be made by Anoka in conformance to state laws. " VII. STRICT ACCOUNTABII.I'TY: i A strict accounting shati be made of all funds and report of all receipts and disbursements sha11 be made upon request by either party. VIIL T'ERM�NAT'ION: This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail .or in person to the other party. If . _ notice is delivere� by mail, it shall be deemeii to be receive� two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or -2- . � goods which occunefl prior to such notice of termination. The County shall pay its pro-rata share of costs which the City incurrefl prior to such notice of termination. iX. MAINTENANCE Maintenance of the compieted storm sewer system, except for catch basins and leads, shall be the sole obligation of the City. X. AFFIRMATIVE ACTION: In accordance with the County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegaliy be excluded from full time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race,. creed, color, sex, marital status, public assistance status, age, disability or national origin. XI. NOTTCE: For purpose of delivery of any notices hereunder, the norice shall be effective if delivered to the County Administrator of Anoka County, 21U0 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, a�d the City Manager of Fridley, 6431 University Ayenue Northeast, Fridley, _Minnesota ., 55432, on behalf of the City. : : �, � . . �;�. . XII.� INDEMI�IIFICATiON: The City and the County mutually agree to indemnify and hald harcnless each other from any claims, losses, costs, expenses or damages resultipg from the acts or omissiqns of the respective officers, agents or employees relating to activity conducted by either party under this Agreement. XIII. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING: It is uz�derstood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. - Any alterations, variations or modifications of the proyisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. �� 14C �e IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below. � COUNTY OF ANOKA By: Dan Erhart, Chairman County Board of Connmissioners Dated: ATTEST sy: John "Jay" McLinden County Administcator - Datefl: RECOMMENDED FOR APPROVAL sy: . - - Paul K. Rnud County Engineer Dated: A►PPROVED AS TO FORM By: Dan Klint Assistant County Attomey Dated: a�o-xcv�;aky.� -4- CITY OF FRIDLEY By: _ Name: Title: Dated: By: Name: Tide: Dated: ,��,! ":� %7 i�^ � By. �- �.:.-._� , Name: : / - ��� � � �-- ` � �L Title: City Engineer Dated: ' ' By: Name: Tide: City Attorney Dated: 14D ME MORANDl7M TO: William W. Bums, City Manager �� PW94270 � FROM: John G. Fiora,� Public Works Director Scott Erickson, Assistant Public Works Director DATE: August 15, 1994 SUBJECT: Osbome Road Sanitary Sewer Extension, Project No. 249 Currently, a 12-in.-diameter sanitary sewer main located in East River Road services the area to the north of Osbome Road and west of the Burlington Northem Railroad tracks. .This sewer main services a very large area which runs to a lift station which pumps to the Metro Waste Control trunk sewer line. � In order to relieve some of the burden o� the lift station, it is proposed to install a sewer main connection from the existing main in East River Road directly #o the Metro Waste Corrtroi trunk� . sewer to the east. The secondary connectian will relieve some of the burden 'on theiift sta�on �`` and provide for an altemate source of discharge should a power outage or blockage of the main line occur. The project is in the 1993 Encumbered Capital Improvement Plan budget with an estabiished amount of $60,000. � Recommend Council approve the attached resolution ordering the improvement and advertisement for bids for Osbome Road Sanitary Sewer Extension, Project No. 249. SE/JGF:cz Attachment 15 � !t, •; 1�OLU1'I�1 I�. - 1994 'J:r"-• 1 •� •1'J�15i' � 1 I' ',� � � I:H • I� � � � ;�'.1 Ci:r I�i ' �)' (: ���� •I' �C1: ♦�'. �: 'll •; •1' Y:1' h_i:�l•J 1' ',• • � :1• � V• Y :i ^ :�i' :7►:H Y:r1 • I '� • :r • �� �11G �1�7�.,L{i�{.J,� �f �.Gl{.Gilil ��W L7 �1L�.1 W LJG J.Ll f11G i11L.C1.C.7�. of the City of Fridley and the property �s affected ti�ereby. N�7W, �, BE IT I�80LOED by the City oaulcil of the City of Fridley, Anoka �ty, Minnesota, as follchus: 1. �at the follcxaing impraveinents proposed by �uncii Resolutiar�s are hereby ordered to be affected ar�d c�leted as required: •��i: �1'1 I: ',�I• � Y� t V• Y :1" ^I:N' �:YY:+1 i •1 �',• :r • 2. �he plans ar�d specification.s under the directioaz of the Public Works Direct�or for su�ch inq�� are h�,reby approved ar�d shall be filed with the City Clerk. Zhe Public Works Direc�tor shall aaoordi.n91Y prep�re arri cause to be inserted in the oificial newspaper for bids upon the makirig of such itcq�ravements under such appraved plans ar�d specifications. �'he advertise�ner�t . shal.l be published for three (3) weeks (at least 21 days) , ar�d st�all specify �he . wnrk to : be doa�e and will state that th�e bids wi]1. be open�ed arXl oonsidered at 9:00 atn oa�► Wedr�esday, the 14th day of , 1994 and that no bids will be S�' . �LSide�ed unless sealed ar�d filed wi.th the Public Works Director,� �at the advertisem�nt for bids for Osborne I2�oad Sanitary Sew�r Extension, ��'�roj ect � No. _ 249, shall be substantially in the starydazd form. c -��� • ,� • �• • u�� r:i� �+ •r�i a■ • - r:i: � • • n �:� : �: ��• •i• I rl A'1'1'FST: WILLSAM A. Q�A - CITY QERK 15A WILZIAM J. N� - MAYQR 5 YEAR CAP(TAL IMPROVEMENT PLAN BUDGET 1993 City of Fridley State o1 Minnesota � r Capital Improvements 1993 Bepinning Balance Revenues Interest Income Depreciation Total ReveRaes Funds Available Praiects New Ptojc+cts 79th Ave Lift Station Line (Diversion) Re6uild Apex Lane Lift Station Total Projects � Ending Balance Beginning Balance Revenues _ Interesf Income : _ Depreciation • Total Revenues Funds Available Proiects Ending Balance 1994 Rebuild Nortel Lift Station Rebuild Vet Cifnic liit Siation New Project Reline or Aepair Sanitary Sewer Line - 61st trom 4th to University Ave Totai Projects 21 2 15B 5647.899 Si,832 155,601 207.433 855,332 60.000 "'�� 50,000 110,000 s745.332 — 3745,332 � 59,627 . 161,051 ;��+ : 220.678 966,010 30,000 2(��000 65.000 115.000 3851,010 � \`� , �\'•.'� , ' %/ - � " M _ _ PROJECT LIMITS � � � _ � _ f „ `, , 8�� /�` , �� �s.��.KA�� ' , � \. e o � � �o i� � 6 •1 J YSTH AVENUE ,• � � a ¢ �e w v o� m u r ��tµ w� yA'�'F wl�'� ', : '� �„ T4 �N 8 AYEN1� N.E. e� 1; � ,• q � `� 8 ' ; � w�r � 1 a 4 , � 1• y - ,,,P�G� Q I1 =� ; " tp�, 3 �, x - - � � c� ' Q � • � } > � - � a `, �y�j . _ O _-� .0 N' r 3 �� '� 3 � � N 14. 3EEK B R(..:� Z •{' r. � 8�• � � J � ' �N � a °� i u u . .' r G t• 73 RD : Av Z ' 1 �A t :I � . Z �, L S11 J W �' -0 7 �, � � . � LOGAN � P4AKWAY Q Z . • � .. : � - � I' COMMERCE CIR. /' a �i� ,'� W CiRCIE � I 1 8' �.� ` �jr� � � � _ o .� � , Z � %iJ ' g" ��vZ a ,' a kOR �NGO _�% I WAY z ORIV_ �0 ��_l��j '� � , MEYENS AVE ! a � - � • 8' f1 O ' I �O i o = � � o' � I� Y RiVER'vV00D ¢ ^ r I : z z a � ORIVE �n �� � � �i T �sf 4 R , _ ' � I_1FT S � z • KORr8n S I . , 7i �'� W�1Y R��E •' ` Z j l` � w 4; ' : v Q = H � • � �: t� y 1 j( V. 4•� Q Z ' I L-�� �� a„ WAY • � � � I � �p'•- � – � � � . � — a � Ca > Z ' I r_ ic X 0 � j� • e" Y � 1 • � � � x y m �. �,P i ( ` . , DRIVE ;D P+ �� N.5 5� � � t ' q �p'F� 12 � � � �R � ' ( ra+�s � 8�� ' 9TH AYENIlE N.E• W > � 69TH MAY I I A . � Q \R a `(v : • 4� � � Q�,P � � � ' m 0 �, � � � � j � t� 0 � . 69 p n P� ' F.y c� I �� � ' �� �� C OJ� �� > ' r . V� �' � �'F 0 \ N T �OCKE lAK • _� .. � � RO �'1 �..�� � 0 . 2"f 69TM AVE. N. o' ` J W m J Y � W � _ � � w W ME MORANDUM TO: �Iliam W. Bums, City Manager �4� PW94271 FROM: John G. Flora,�Public Works Director Scott Erickson, Assistant Public Works Director �4 DATE: August 15, 1994 SUBJECT: Washington Street Waterrnain Repair, Project No. 272 Over the past few years we have experienced a number of watermain breaks along Washington Street from 68th Avenue to appro�imately 500 ft north. Upon inspection of the watermain, there appears to be a pocket of corrosive soils which are rapidly deteriorating the watermain at this location. It is proposed to replace the existing main at this lacation and encase it in a polyethylene film in order to protect it from the comosive soils. The project is in the 1994 Capital Improvemerrt Plan budget with an established amount of $25,000. - Recommend Council approve the attached resolution ordering the improvement and advertisement for bids for the Washington Street Watermain Repair, Project No. 272. SE/JGF:cz Attachments 16 ���- . �. �1i IiE80LV1'I�T 1�. - 1994 'J:»?• 1 �1 •1•J�l�i• � � 1• `.� � ;n I:A �� • ��� ;rl'J :i:n I:d '�1' �K •)• �:1. ••I• :t:�� � •I 4'J:d" '.y� YCi•� �I- � •JC�1• . Y• •,• :r �S, the ooa�structian of oertain i.mprov�ts is dee�ned to be in the interest of the City of Fridley and the propexty vwr�s affect�ed thexeb�. I�7W, �, SS IT RE80LVID by the City Gou¢�cil of th�e City of Fridley, Anoka �t.itity, Minnesota, as follaws: l. �hat the follvwing imprwe�nents p�.ropo^�ed by Oatulcil Resolutions are hereby ordered to be affect�ed and oatrpleted as required: [;��:���«1!-� =�4;+:�;,� ;��� Y:�;+�i►: �� ;��'J� �; �;•�_ lJ.►J �� . 2, Zhe plans arid $pecificatiar�s w�d�ex the directio� of the Public Works Direc.-tor for suc� improveYaents are her�by approved and shall be filed with the City Clexk. �he Public Works Director sha�l aacordir�g].y prepare .arxl :cause to be in5ertsd in the officia]. newsp�per for bids upon the makiryg of such. im�r�ave�ments wxiex such apprwed plans ar�d .specifications. Zhe . shall be• published for three (3) w�eeks� (at least 21 days) ,. aryd shall specify the wi�rk to : be d�e arid will state. _ that the : bids ; will . be op�ned and car�sidered _ at 10:00 aam a� Wednesc�ay, the 14th day of S�te�bex, 1994, aryd that �o bids will be oonsiderecl w�l.ess seal.ed and filed with tl� Public Works Director. �hat the for bids far-:Washirygto� .Street Watermain R�pair, Pro7ect No. - 272, _, shall be s��bsstantialiy in the stand�a�l fona. � � . ==i:�. � n • .• • :�. r:i• w •. u wr • • u:i: w •�� � n �:� : u: r• • . .�r�. ATl'EST: WILLI�fM A. CHANIl�A - CZTY CLEf2K 16A �n1IIZIAM J. NEE - MAYOR 5 YEAR CAPITAL IMPROVEMENT PLAN - BUDGET 1954 City oi Fridley State oi Min�esote � � Watet Cspital Improveme�s 1994 Beginning Balance Rev�enues Inte�est income Depreciation Totai Revenues Funds Available Pro ects Well Repeir 8 atd 11 Pumphouse Meber ReplacetneM Well No.1 Boosfer Replacement Wa�er MaM at 681h emd WasF�ngtion _ New Projects Eliminate Dead End Line At 73td Avenue aTo 731/2 Avenue Totai Project� fnding Baiance 1995 Beginning Balance : .,; :: : }�., Revenues. - Irrterest inc.�me Depreciation Total Revenues Funds Availabte Projects Ending Balance New Project E{iminate Dead End Line At Hayes To Garfield Wep Repair No's 3 810 53rci And Johnson Booster Station Upgrade construct wel� tJo.1 a Total Projects 16B203 , t802.471 40.124 356.969 397,087 1.199,558 40.000 25.000 50.000 25.000 � 15.000 155.000 =1.044.558 - s+.oaa,5se 52.228 370.000 422.228 1,466.786 15,000 50,000 900.000 180.00Q 545,000 5921.786' i , , , l� 1/ v �J � �� � GREtK GN i / Y / � ! a~i °iN00RA 6~ � � PROJECT LIMITS =� � � � q i \\\ / \ i ��., / ' � / 1 a['� � \ / / _ � � � � ��' �� z F \ � z � � r' � t jr z � � � W � � � t Q �M' LL O p 67TN AVENUE � = i W W � _. IO .. � 6TH t � --�sl+,l"'' � a KEM�fTON 6 F W � W � a = � � � T •n � t0 > ' p� i � - �� . � � �vE�UN 6 � �� 6" i sTH AVENUE � !O" A --_ ---- p" i a_ovER I�- -� t vsy5!SS;fl�' � _ STREE7 �'—�, � � � CD � I _ � � �� ^ s: � s � � „ ��� I ' � � B..NV_TT � w �� F ` �--- ORIVE W ' �� s � � � t,o ; z � .yc '� � � � w L4 ! � c I : �, � t 6� �� W:� ;� ; , � , � W � � � ; s ,� .! W 1 f. � LJ W ; �'y�j I� � F p I 'W � .,,W� ! W W � 1) � ' 1 y 6�TMs :..EYUE j , � r- ( � � 2 i � � �W � j + � W N ��- �, �, W � u�l �� ; • � _ = � " ic = � ��� � a Z °' _ 6ar►+ AVEN �� � o N Z 2 ¢ O S W N � _ _ ; i F � � 1 � a W Q O 0 al Z . � 3 Y W j , � 6p s � � Q a � = 1 63R0 �� AVE. s � _ �' tO m �DI J \ ` � Z I a � MELL MO.E � � I f rrc�t �o_ s �" �� +a. a �� acu Mo. s 6 ! � � � ; e` i� � 1 �, ; , ,, ,. , i' ;,� 1 ,�, i � � a � � FOR CONCURRENCE BY THE CITY COUNCIL CITY OF FRlDLEY August 15, 1994 LICENSES Type of License: B�r�. Approved By: Fees: AUCTIONEER _ Totino-Grace High School Gred Balego David Sallman Exempt 1350 Gardena Ave. N.E. Public Safety Director Fridley, MN 55432 FOOD ESTABLISHMENT Dennis L. Burke Same 11241 Guebec Ave.No.. Champlin,MN 55316 GAMBLING $35.0 Ducks Unlimited Wm. Feyo David Sallman Exempt 4531 Heights Dr. Public Safety Director Co 1. Ngts ..,.MN 55421 PEDDLER Columbia Heights Women �:' , - Jane Golden " of Today 2300 Argonne Qr. - Co1. Hgts.;MN 5542i -� TE�NPORARY ON.SALE LIQUOR Totino-Grace High School Greg Balego " 1350 Gardena Ave. N.E. ' Fridley, MN 55432 TAXICAB Suburban Taxi Corp. Gary Allen Tournier " 3315 2nd St. No. Mpls. MN 55412 0 �� f �� �� �� �� 0 ", Exempt $240.00 $140.00 � � FOR CONCURRENCE BY THE CITY COUNCIL LICENSEB GENF�,A_ i,�ONTI�„A�'�'OR-GOM�Rt'iAi. Mikkelson-Wulff Construction Inc 126 Blake Rd N Hopkins MN 55343 Stanley Thom Modern Concepts & Design 1700 Sugarloaf Trail . Brooklyn Park MN 55444 Kris Maaetas Norsk Concrete Construction inc � 1115 Osborne Rd NE Miweapolis MN 55432 James Jackson G�I+t�.�A�, cS.?NTR �S)R-RF�IDEN1`LAi. : Advance Aluminum Supply (7983) 7341 Commerce I.ane NE Fridtey MN 55432 Iim Mye,rs Exterior iunovations (9318} - : ' 218'7 Overlook Dr : Bloomington MN 5543 T, � Brad Overson LaMere Constivction (3588) 714 18 1/2 Ave NE Minneapalis MN 554i8 Bruce LaMere Pinnacle Construction Inc (424� 7780 Hwy 55 Rockford MN 55373-9724 Jcel Nystrom Woods Construction Co Inc (8737} 7728 Knollwood - Mounds View MN� 55112 William Woods Zahorski Construction (8902) 3346 Emerson Ave N Minneapolis MN 55412 James Zahrnski �G - � AbeUB 8c C Inc 266 Water St Excelsior MN 55331 Joyce Davis 19A ' JOHN PALACIO Chief Bldg Ofcl Same Same ' STATE OF MINN Same 5ame Same Same Same JOHN PALACiO Chief Bldg Ofcl PLUMBING Ebert Plumbing & Heating 7613 Bacon Dr NE Fridley MN 55432 Minn Mechanical of Mpls-St Paul 727 Vandalia St St Paul MN 551141302 Rudys Plumbing 4934 Thomas Ave N Minneapolis MN 55430 ROOFING AWR Inc 3023 Snelling Ave Minneapoiis MN SS406 SIGN ERECTOR Imaginality 6182 Hwry 55 Minneapolis MN 55422 SWIMIVLiN('' P�()Oi River Pointe Ltd Part 7855 E River Rd NE Fridley MN 55432 Dougias Ebert Geo Fredericks Jam�es Rudick George Heriot Jon Muscoplat AT: 7855 E River Rd � STATE OF MINN Same Same J4HN PALACIO Chief Bldg Ofcl JOHN PALACI4 Chief Bldg Ufcl GARY FORD Contract Insp � � cn,r oF FRIdLEY Innovative Irrigation 10006 University Avenue N.W. Coon Rapids, MN 55448 ESTIMATES AUGiJST is, i994 1994 Corridor Maintenance Project No. 266 . FINAL ESTlMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,865.15 Barna, Guzy & Steffen, Ltd. _ 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered ' F� � as City Attorney for the Month of July, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,987.71 Schmidt Curb Company 21504 Ahlstrom Avenue Rogers, MN 55374 1994 Miscellaneous Concrete Curb, Gutter & Sidewalk Project No. 262 Estimate No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,337.55 " CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 August 15, 1994 Honorable Mayor and City Councii City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER ,�: We hereby submit the Final Estimate for 1994 Corridor Maintenance Project No. 266, for Innovative Irrigation, Inc., 10006 University Avenue NW, Coon Rapids, M N 55448. � We have �,�iewed the work under contract for the construction � of. �1994 Corridor Maintenance Project No. 266 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body. Respectfully submitted, . _ . - . � �- __ � John G. Flora Director of Public Works JT:cz Prepared I Checked k 1: 0 August 15, 1994 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRfDLEY 1994 CORRIDOR MAINTENANCE PROJECT NO. 266 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the pro}ect. _ __ _ _ ..� _ � . ....,.... � _..__ �;,.. All deficiencies have been corrected by the cantractor. Also, the work for which the j City.feels the contractor should receive a reduced price has been agreed upon by.the contractor. - - -� So, therefore, we recommend to you that the Cit�r approve the attached FINAL ESTIMATE for the contractor from the day of the final inspection that being Auciust 10, 1994. ci'�'� - Jo ompson, Constructi� n Inspector ���, -� � c - � �,� � � ' � :;.�-�-�. ��� Ga7 L�•z; ontractor Represent e, (Title) zo� August 15, 1994 " City of Fridley ` 1994 CORRIDOR MAtNTENANCE PROJECT NO. 266 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furr�i�hed and done for the above-mentioned projects in � , _: �:;_ ._ : ,-:accordance-with�#he:plar�s=:�nd�:�sp�eifiications heretofore approved. The #inal 'contract ` cost is $13,444.00 and the .final payment of $3,865.15.for the improvement project would cover in full, the contraetor's claims against the City for atl labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. INNOVATIVE IRRIGATION, INC. _.� � - ?�-�1% %���� �J --: ��,� Michael Moriarity, Presid t 20D August 15, 4994 City of Fridley 1994 CORRIDOR MAINTENANCE PROJECT NO. 266 PREVAILING WAGE VERIFICATION This is to certify that Innovative Irrigation, Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka - Gounty. i declar.e under the penalties of perjury that this statement is just and correct. INNOVATIVE IRRIGATtON, tNC. , _ i= ",�f ���z �. � Michael Moriarity, Presi ent .�_ 20E CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 FROM: City of Fridley Engineering Division TO: Honorable Mayor and City Councii City of Fridiey 6431 University Ave� NE Fridley� MN 55432 Dated: August 15, 1994 RE: Estimate No. 4 (FINAL) Period Ending: 7-15-94 tv 8-1-94 FOR: innovative imgation 10006 University Ave NW Coon Rapids MN 55448 JOB CODE NO. 101-06-64-435-4340-6364 CORRIDOR MAINTENANCE PROJECT NO. 266 STATEMENT OF WORK :::,.»�:,:::::�:::,;::::> . :::. w ; :.:. � ::: � > :: > ><; : :: <;::;:::;:»�; ..:......................... _ .. . , .::...::::::.�::...:::: :::::<.:.:::.;::;;:.;::::.;;>;�:::.:;:.;�.;;;;::.;:.:;;.;;::.�:::::.;.: :::::::.::.:�:.:�:.._::::.. ::. . ................... ..�.::... ::::>:, ..�.......... ,:., ., �.:.�_r�::.>. .. .:,.: :.:;;.::::::,:::;:.::::::::;:.;::..;� ::::::: :::...::;:;:::::>::.:::.;:::.::;:::;,.::;:_>;;: :::::;.;:.;::::::::::.;:.::::.: .: . :;:;.:::r::::..s:::::::. ...... .::.::.; .::. ..:::.... ..:....:. .... ..,..:.;..:�..:.:..., .::::::::::..:: :;:.:: :.::>::.::. .... :,,:.;::.; :. .::,.::::: .: . .� .:::::..:::.:�:.:::.:..�:::::::.:.�.::::::::::;;:.::::::::.�:::::.::.:::..:::::...:.�:::::>:.�.�:..:..:::.�:::.�.::::::..,......:..:< :.r....v.,...... .::.:.........::::: ::::......... . .:.:.r.:::�: .:::�:., ............................................................................... .......... ............ . .::.....�.. .....�. ... ...::::. .. ......... ............................. . ...... .... ... . . .......... :..........:............:.:. .......-- :•............,:.�::.�::: ..... .... ...........-- --... ...... ;.:::::::: :::::: :::.: :.:::,:::.,. .. �.. .. ,::. ::....:.�.� :..:_:::. ..............................�:.::........ ..:::::::::...:. ::..::::::::::::: .........:.. ... ........................ ..................... ..... ...... ........................ .---.4ts�a�tti. ..........7.otr�1..,..;:::: .....,.......,,:.�.. .:::.,...:h,.:.�:.,:..::..:.�:::. ,.,....�...... ....:...:.� ..:.....iY- :.:.:. ...........:...:..,:. r...�:: .:::..:::.:::... :.. ..... .f.::.�;;;:.;:.;; .: >;:.;:.;:.::.;..:::: . � ::: .;;::.; :: :.::::::::::::«<:: <::: . : : : :. � :: : : :.;:.:.:.::.:.:.;::. :.;: ;;;::.;:.;:.;;;>;;:: ;;,: ;: � :. :::.;:;:.;:::.: r .:;:.::: <�::::::::: ,:::: : . ..............� ..........:.::.�:.�:.. ............ .............. :.:,::::::::::::::::-_: -.. .... :.................:.:.............:..:.�:. ::::: :::. ,:. ......: .... .... .._:......... . ........... ...... .. .::.:::r:::::::::.: :>:...:::...::.:::::::-:�:::....:::::::;:::...:...:.:..::,,: ,. ................................................................................. ..... .... ... ......... . .,....,...,.......... ......,.,..:..:.... ..... ............. ............. . ...... .. . ... .. ..... .. . .......,...... .. .. :..�.:..;:.::-:::-;; :.;:.;:.:;;:: .. :..;:..:� .:.: :. ,..,t�:::::::�>;;;:.> ............:....... .....:.::::::......:..:::: :..�. :::.:...::::::::.:_:::::::. ..,:... .... ::,::::......... . .... ..... .:...... �::. :. .. ....................,..... .. ... .... .... ... ... ....,,.::::::. ,..:�::::: :.-: .:::..........:.:.:::......,......... ...,..,.,...:::.,: � . :...: .. ..... ............ ......... . ................ ........................... .... ... ....... �- �- - ..... ........ . .....:... ------.... .... . . . . . ,.:.. ;..<;.��.>: ....., ....:::............ ::.::.�:::..::..:.::.�::::: :....::::. :.:::::::: :,,.::::::......... �---.�.:..... :....:.....:::...:..:....::.:.�:.::: .:,::::::..:::::.::.::�: � .::..::,:;.;:.;::.:.'T+a#�::::: ;�:.:..::�::. ........... .............. ... .. . .... ....Esl�matas�.-_: .�::::::;;;:.;�la�:.::.:.�::::: .:>:_:;::::...:::..;;:.::.:.:.::.�::::�ig::--:�:::. _::::.::::Th s....,.... ..... .. . ., . �:i�al_:::>::>:>::;::: ::...:<.: :;.;�: $x>�:; � :..,�:::;:::<::::;z:::»::> tY"i�:::�:?:;:::;`.•,;:'::::� ;::;%'� - ..:r . ::E:t.:r: :;;�y- � • ::.:.::.::::.:.:::�::: �•:.:::::.xo>:�::xoP:>:�:>.;�: :::•:::::. �:::::::.:r.:.;;:::::::::<:$�: +: .,.'i�i.� . 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Maintenance Services t.00 43,aaa:oo LumpSum 0.25 3.sst.00 t.00 ts,aaa.00 , - � � TOTAL THIS ESTIMATE Z�F $3,361.00 TOTAL AMOUNT $13,444.00 ESTIMATE NO. 4 (FINAL) SUMMARY: Original Contract Amount Cont�act additions C.O.# f Contract deductions — Revised contract amount Value Completed To Date Amount Retained (0%) less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR $13,444.00 13,444.00 13,444.00 9,578.85 $3,865.15 PAGE 2 I hereby eertify that the work performed and the materials supplied to date under the terms of tfi�e. contract for this project, and aQ authorized changes thereto, have an actual value under the contract of the amounts _ °-•-sfiown-ori this estimate;(and the'finat quantiti�s on the�final estimate are correct); and tF�at this estimate is]ust - and correct and no patt of�he °Amount Due This Estimate" has been reeeived. � �. By ��' f�,� �� �r��:�`7� Date ��� ^ 7� Contractor's Authorized Representative (Titie) CERTIFICATE OF THE ENGINEER I hereby eertify that I have prepared or examined this estimate, �nd that the contractor is entitled to payment of this estimate under the contract for referenceproject. CITY OF FRIDLEY, INSPECTOR By �1-� -�'- �_. � �- Checked By ,!/��• ,� Date � -�� Respectfully Submitted, �y , � � , - -�Z ,�-'�` `L-_--. � John G. Flora, P.E. Public Works Director 20G