08/28/1995 - 4880. '
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FRIDLEY CITY COUNCIL MEETING
ATTENDENCE SHEET
Mvnday, Augws� 2k, 1995
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
PRINT NAME (CLEARLY) ADDRESS
ITEM
NUMBER
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a FRIDLEY CITY COUNCIL MEETING OF
aTM oF AUGUST 28, 1995
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment,
or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and acrivities. Hearing impaired persons who need an interpreter or other persons with disabilities
who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance.
(TTD/572-3534)
PLEDGE OF ALLEGIANCE:
PROCLAMATION:
Fridley Pride City-Wide Clean-Up Week
September 9 through 16, 1995
APPROVAL OF MINUTES:
City Council Meeting of August 14, 1995
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Second Reading of an Ordinance Under
Section 12.06 of the Fridley City Charter
Declaring Certain Real Estate to be
Surplus and Authorizing the Sale
Thereof (Generally Located at
5720 Polk Street N.E.) (Ward 2) . . . . . . . . . . . . . . . 1.01 - 1.03
FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 1995 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Presentation of the 1996 Preliminary
Budget .................�---.............. 2.01-2.03
First Reading of an Ordinance
Recodifying the Fridley City Code,
Chapter 205, Entitled "Zoning," by
Amending Section 205.25.8.C, and
Repealing Section 205.24 and
Adopting a New Section 205.24
Creating Floodplain Regulations . . . . . . . . . . . . . . . . 3.01 - 3.28
Receive the Minutes of the Planning
Commission Meeting of August 16,
1995 .................. ................ 4.01-4.07
Establish a Public Hearing for
September 11, 1995, for a Rezoning
Request, ZOA #95-05, by Karl and
Margaret Schurr for Minco Products,
to Rezone Property from C-2, General
Business, to M-1, Light Industrial,
Generally Located at 7321 Commerce
Lane N. E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.02
FRIDLEY CITY COUNCiL MEETING OF AUGUST 28, 1995 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Establish a Public Hearing for
September 11, 1995, for a Vacation
Request, SAV #95-03, by Karl
and Margaret Schurr for Minco
Products, to Vacate a 30 Foot
Drainage and Utility Easement,
Generally Located at 7321 Commerce
Lane N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.02
Extension of a Special Use Permit,
SP #94-03, by Gordon Hedlund, to
Allow Construction in the Flood Fringe
District, Generally Located on the
South Side of Buffalo Street East of
Riverview Terrace;
and,
Extension of a Special Use Permit,
SP #94-04, by Gordon Hedlund to
Allow Construction in the Flood Fringe
District, Generally Located on the
South Side of Cheryl Street West
of Broad Avenue;
and,
Extension of a Special Use Permit,
SP#94-05, by Gordon Hedlund, to
Allow Construction in the Flood Fringe
District, Generally Located on the
North Side of Dover Street, West of
Broad Avenue (Ward 3) . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.03
FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 1995 PAGE 4
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Extension of a Variance Request,
VAR #94-18, by Timothy Strong for
Strong Built Homes, to Reduce the
Front Yard Setback from 35 Feet to
20 Feet on Properties Generally
Located at 1476 and 1490 - 64th
Avenue N.E. (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.05
Approve License Agreement Between
the City of Fridley and Anoka County
for Central Avenue Bikeway/Walkway
Project No. ST. 1994 - 9 . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.04
Resolution Authorizing Agreement with
the State of Minnesota for the Loan of
Hazardous Materials Emergency
Response Equipment . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.09
Approve Animal Control Confract
Between the City of Fridfey and
Skyline Veterinary Hospital . . . . . . . . . . . . . . . . . . . 11.01 - 11.06
FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 1995 PAGE 5
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Appoint Fridley Representative to
the Board of the North Suburban
Consumer Advocates for the
Handicapped .............................. 12.01
Claims ................................... 13.01
Licenses ................................. 14.01-14.04
Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 - 15.05
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS:
(Consideration of Ifiems not on Agenda -15 Minutes)
.
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,
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FRIDLEY CITY COUNCIL MEETING.OF AUGUST 28, 1995
OLD BUSINESS:
Variance Request, VAR #95-16, by
Robert and Karen Fournier to Reduce
the Front Yard Setback from 35 Feet
to 25 Feet to Allow the Construction
of a Three Season Porch, Generally
Located at 8095 Riverview Terrace
N.E. (Tabled August 14, 1995) (Ward 3)
NEW BUSINESS:
PAGE 6
.............. 16.01 -16.13
Variance Request, #95-20, by Frank
Kitterman, to Reduce the Setback of
a Sign from a Property Line from 10
Feet to 0 Feet, in Order to Allow
Construction of a Free-Standing Sign,
Generally Located at 6400 Central
Avenue N.E. (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.23
Motion to Convey Four City-Owned
Lots to the Fridley Housing and
Redevelopment Authority . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.07
, � Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . 19.01
ADJOURN:
FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 1995
'I1ze City of FYidley will not discriminate against or harass anyone in the admission or access
to, or treatment, or employment in its services, programs, or activities because of race, color,
creed, religion. national origin, sex, disability, age, marital status, sexual orientation or status
with regard to public assistance. Upon request, accommodation will be provided to allow
individuals with disabilities to participate in any of FYidley's services, programs. and activities.
Hearing impaired persons who need an interpreter or other persons with disabilities who
require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance.
(TI�/572-3534) �
PLEDGE OF ALLEGIANCE•
PROCLAMATION:
�-idiep Pride City-Wide Clean-Up Week
September 9 through 16, 1995
� , =. . -- ;�
- t,�_ � 4_,_ ,. -��-�;
APPROVAL OF 11/I[NLTTF'.S•
City Council Meeting of August 14, 1995
��; �.:�2/IZ.•r-s'V`-� � �vJJ. '�
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�APPROVAL OF PROFOSED CONSENT AGENDA:
• � : \� _._ �
Second Reading of an �rdinance Under
Section 12.06 of the FYidley City Charter
I� Declaring Certain Real Estate to be '
Surplus and Authorizing the Sale
Thereof [Generally Located at
5720 Polk Street N.E.) (Ward 2) .. 1.01 - 1.03
� L,�::1 �;�1 `��-� , �._� �^-� �. G...,c.. � � �2i��r.��� .:-- '�'�
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�CR�-��
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��NEW BUSINESS: .
i
Presentation'of the 1996 PreIiminary
Budget .................... 2.01-2.03
����.t,__� . -e
F�rst Reading of an Ordinance
Recodifying the F1-idley City Code,
Chapter 205, Entitled "Zoning," by
Amending Section 205.25.8.C, and
Repealing Section 205.24 and
Adopting a New Section 205.24
Creating Floodpiain Regulations .. 3.01 - 3.28
�-°'��� �c�'"�
�
Receive the Minutes of the Planning
Commission Meeting of Au��,�.st 18.�
1995 . . . . . . . . . . . . . . �����-c�l.4_�O 1 - 4.07
1VEW BUSINESS (CON1iNUEDI•
_ ����,�`,�-w-t-w
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��N�F
FRlDLE.Y
Establish a Public Hearing for ,
September 11, 1995, for a Rezoning
Request, ZOA #95-05, by Karl and
Margaret Schurr for Minco Products,
to Rezone Property from G2, General
Business, to M-1, Light Industrial,
Generally Located at 7321 Commerce
Lane N.E. (Ward 3) . . - • - - . . . . . 5.01 - 5.02 .
��-� v�/�`'�—_ /�� ,�/`►'� 9�//�1�
0
Establish a Public Hearing for
September 11, 1995, for a Vacation •
Request, SAV #95-03, by Karl
and Margaret Schurr for Minco
Products, to Vacate a 30 Foot
Drainage and Utility Easement,
Generally Located at 7321 Commerce
Lane N.E. (Ward 3) . . . . . . . . . . . 6.01 �- 6.02
�� �y`� � �`"" y��/�-- .
Extension of a Special Use Permit,
SP #9403, by Gordon Hedlund, to
Allow Construction in the Flood FYinge
District, Generally Located on the
Soufih Side of Buffalo Street East of
Riverview Terrace;
and,
Extension of a Special Use Permit,
SP #9404, by Gordon Hedlund to
Allow Construction ir,t the Flood FYinge
District, Generally Located on the
South Side of Cheryl Street West
of Broad Avenue;
and,
Extension of a Special Use Permit,
SP#94-05, by Gordon Hedlund, to
Allow Construction in the Flood HYinge
District, Generally Located on the
T�orth Side of Dover Street, West of
Broad Avenue (Ward 3) . . . _ . . . . 7.01 - 7.03
C' -.�' �
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APPROVAL OF PROPOSGD COIVSENT AGEIVDA•
NEW BUSINESS (CONTINUEDi:
Extension of a Variance Request,
VAR #94-18, by Timothy Strong for
Strong Built Homes, to Reduce the
FYont Yard Setback from 35 Feet to
20 Feet on Properties Generally
Located at 1476 and 1490 - 64th
Avenue N_E. (Ward 2) . _ . . . . . . . 8.01 - 8.05
u ��
J`v,v'-....,,.�,.,�..,��_..�.
�„
Approve License Agreement Between
the City of Fiidley and Anoka County
for Central Avenue Bikeway/Walkway
Project No. ST. 1994 - 9 . . . . . . . . 9.01 - 9.04
L` ,iG /.,�_ z...r-v�-�.���:
fr� /r
Resolution Authorizuzg Agreement with
the State of Minnesota for the Loan of
Hazardous Materials Emergency
Response Equipment . . . . . . . . . . 10.01 - 10.09
� G� 9�-�L� 4�� � ,.__� .
��
Approve Animal Control Contract
Between the City of �Yidley and ,
Skyline Veterinary Hospital ..... 11.01 - 11.06
��,,
�
Appoint FYidley Representahve to
the Board of the North Suburban
Consumer Advocates for the
Handicapped . . . . . . . . . . . . . . . . 12.01
J��,.,� C-J����
� �
Claims . . � :�:/�% 2, _c..: u„�?-�.'�-----�13.01 :
l �� '
` , �� �_
�...
Licenses . . . . �".'�.�`- • • - - - - • - - - - 14.01 - 14.04
Estimates _ . �%'�z'�"�-� . _ . 15.01 -.15.05
�.� �
�...........
ADOP'I'IO1V OF AGENDA:
t�,.z'4� �yi�
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OPEN FORUM. VISTPORS-
(Consideration of Items not on Agenda - 15 Minutes}
/�, 'Z'�-°��,?.--� 9--�c�
QLD BUSINESS:
Variance Request, VAR #95-16, by
Robert and Karen Fournier to Reduce
the Front Yard Setback from 35 Feet
to 25 Feet to Allow the Construction
of a Three Season Porch, Generally
Located at 8095 Riverview Terrace
N.E. (Tabl August 14, 1995) (Ward 3) . 16.01 - 16.13
�-a�-�-e--r� �'" � zc l �'� . >
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Variance Request, #95-20, by FYank
Kitterman, to Reduce the Setback of
a Sig7n from a Property Line from 10
Feet to 0 Feet, in Order to Atlow
Construction of a FYee-Standing Sign,
Generally Lflcated at 6400 Central
Avenue N.E. (Ward 2) . . . . . . . . . . . . . . .
17.01 - 17.23
���-� ���� S�-/�� .
Motion to Convey Four City-dwned a
Lots to the kiidley Housing and
Redevelopment Authority . . . . . . . . . . . . . 18.01 - 18.07
. ���2-�-�-�
Informal Status Reports . . . . . . . . . . . . . 19.01
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ADJOURN: ��� �7-... /y✓� - .G�-Gi`� �: • v�
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September 9 to September 16, 1995
�lJRexe.as, s0 ye.a�s a�o tRe �Kideey eowunuKity caw�e toc�etRex to ceeak up a{�tex. de.�astatikg spKik�
{�Qoods akd suwu�en tonaadoes; aitd
�WQexe,as, it is o�ce aQaik tiwte.to cow�eto�etRex akd put �a�deey �K oaden by eQea�iKg out ou� base�e�ts
akd �ana�es, t►�iwux;�� oux tne.es, a�d eQe.a��K� up sow�e o� ouK eKe.e.�s a�d paK�.s; akd
�lJRexe.as, tP�s iS Q SeAOiCe �-oh AQ� �ti►dee.y aes�deats wR.�tRex tRey 2ive ik Rouses, apaxtwtekts,
eoado�ikiuw�s, o�t towkRow�es; aad
����, � a �o�u�l�ty w� �a� �oeU�t� to ��� ���ey a�d d�sabe� ��t�Z� ��tR t��� �e��-�p
tas{2s by taf2iac� t�eik ite,w,s to t�e cutibs�de �ox p�cf2up akd ta{2ikc� tReiA otRex �tex�s to tRe
C3o2uw�bia .fltieka d�opo{��- site; aild
�kl6�exeas, L'Qea�-Up �Weei2 wi�e be ce2ebtiate.d wit� a pcuty {�oK aee �xideey e�t�ze.�s at CoEuw�bia
.�lne.�a;
.No�,�, T� ���o ��, �� rr ��so ��V�, tRat r, �� ee�a� 1. .��, Mayo� o� t� ��ty o�
��idee,y, Reneby pnoe�Ciiw� Septe.wtben 9 to Septe,wtben 16, 1995, to be
{�ridley �?ride �ity-'F , ide �lean-�lp ��eek
ahd u��e �nidQey eitizeas to P�eep oKe akotRen ai+d tal2e adt�autage o�- tB�is eQeax-up pAo�xawt to tidy
up �tdeey. Ca�� 572 3600 exte.�s�o� 330 �on �otie ���ox�at�ok, to uoeuKteex, o� to Kequest Re.Qp
wit�i CQeCt�-up weej2.
r� �wrr.��ss �����o�, r Ra��. S�.t �y �a�d
a�td �aused tRe seae o{� tRe City o�- ��id�ey to be
a{�{�ixed t�is 28tB� day o�- .�luc�ust 1995.
William 1. Nec, Mayor
THE MINIITES OF T8E R1;GIILAR MEETING OF THE FRIDLEY CITY COONCIL OF
AIIGUST 14, 1995
The Regular Meetinq of the Fridley City Council was called to order
at 7:40 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider and Councilwoman
Bolkcom
MEMBERS ABSENT: None
CERTIFICATE OF APPRECIATION•
FRIDLEY LIONS CLUB:
Mayor Nee presented a certificate of appreciation to Mr. Clayton
Storley and Mr. Jim Golden, representing the Fridley Lions Club,
for the construction of a shelter at Community Park. He stated
that the Lions Club has been an outstanding participant in
contributinq to the community. .
Mr. Storley stated that it is the Lions Club's pleasure to be able
to help and to provide something that can be used by the residents
of the community.
APPROVAL OF MINUTES:
COUNCIL MEETING. JULY 24 1995•
MoTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
APPROVAL OF CONSENT AGENDA:
l. ORDINANCE NO. 1054 TO AMEND THE CITY CODE OF THE CITY OF
FRIDLEY. MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS
REZONING RE4UEST, ZOA #95-04 BY HOME �DEPOT IISA INC. TO
�ZONE FROM C-2 GENERAL BUSINESS AND M-2 HEAVY INDUSTRIAL.
TO C-3, GENERAL SHOPPING CENTER DISTRICT GENERALLY LOCATED
NORTH OF I-694 AND EAST OF EAST RIVER ROAD1 (,WARD 3):
Mr. Burns, City Manager, stated that this.rezoning is for the
Home Depot store which is to be located on a site north of
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 14 1995 PAG$ 2
I-694 and west of Main Street. He stated that the parcel is
to be rezoned from C-2 and M-2 to C-3.
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1054 ON THE
SECOND READING AND ORDERED PDBLICATION.
2. APPROVE AGREEMENT FOR THE CURBSIDE COLLECTION OF TREE BRANCHE�
AND BRUSH BETWEEN THE CITY OF FRIDLEY AND CERES ENVIRONMENTAL
jTABLED JULY 24, 1995):
Mr. Burns, City Manager, stated that at the last meeting,
Council was concerned if an hourly rate was the best way to
proceed. He also said that the contract did not provide
adequate protection for the City. He stated that the contract
has been revised and provides for monitoring, a date for
completion of the project and contract termination to allow
cancellation of the contract if the contractor is not making
adequate progress toward completion of the project. He stated
that there are also incentives, as well as penalties, if the
project is not completed on time.
APPROVED AGREEMENT �ITH CERES ENVIRONMENTAL FOR TH8 CIIRBSIDS
COLLECTION OF TREE BRANCHES AND BRIISH.
NEW BUSINESS:
3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
JULY 19, 1995:
RECEIVED THE PLANNING COMMISSION MINIITES OF JULY 19� 1995.
�. SPECIAL USE PERMIT RE UEST SP #95-07, WILLIAM AND NANCY
WILES , TO ALLOW A CLASS II RESTAURANT IN A C-1. LOCAL BUSINESS
ZONING DISTRICT GENERALLY LOCATED T 7429 EAST RIVER ROAD
N E (A & W RESTAURANT) (WARD 3):
Mr. Burns, City Manager, stated that a special use permit is
required to allow a Class II restaurant in a C-1 zoning
district. He stated that when changes were made to this
restaurant, several variances
required. He stated that the
and it is recommended that this
with four stipulations.
and a special use permit were
variances have been approved,
special use permit be approved
GRANTED SPBCIAL IISE PERMIT, SP #95-07, WITH THE FOLLOWING
STIPIILATIONB: (ij ALL LIGHTING SHALL BE OF SHIELDED DOWNCAST
DESIGN; (2j NO INTERCOM DEVICES SHALL BE AIIDIBLE BLYOND T8E
PROPERTY LINEB: (3) THE PETITIONER SHALL INSTALL B618 CONCRETE
CIIRB AND GIITTER ALONt3 THl3 EAST AND SOIITH PROPLRTY LINES THAT
SHALL INCLIIDE A CIIRB ALONG THE EAST AND WEST EDGE OF THE DRIVE
SERVING THE PROPERTY TO THE SOIITH; AND ( 4) ALL DIIMPSTERS SHALI�
BL FIILLY SCREENED 80 NOT TO BE VISIBLE FROM THE PIIBLIC RIGHT-
OF-WAY OR ADJACENT PROPERTIES.
I
FRIDLEY CITY COIINCIL MEETING OF ADGOST 14, 1995 PAGE 3
5. APPROVE SEVENTH RIDER TO AGREEMENT BETWEEN THE BOARD OF WATER
CONIlKISSIONERS OF THE CITY OF ST. PAUL AND THE CITY OF FRIDLEY
FOR BITUMINOUS PATH CROSSING OF ST. PAUL WATER WORKS WATER
MAINS (WARD 3):
Mr. Burns, City Manager, stated that this rider is necessary,
as the proposed bikeway/walkway system on Osborne Road will
parallel the St. Paul Water Works utility easement. He stated
that this bikeway/walkway will be completed in conjunction
with the County improvements on Osborne Road.
APPROVED SEVBNTH RIDBR TO THE AGRF�NT BETWEEN T8E CITY AND
THE BOARD OF WATER COMMISSIONERS OF THB CITY OF ST. PAIIL.
6.r RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE
GENERAL FUND, CABLE T V FUND GRANT MANAGEMENT FUND, HRA
REIMBURSEMENT FUND. DRUG AND GAMBLING FORFEITURE FUND. HOUSING
REVITALIZATION FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE
YEAR 1994:
Mr. Burns, City Manager, stated that this is an annual
procedure, and all adjustments have been approved by CounciZ.
He stated that these adjustments arise as a result of
donations, unforeseen expenditures, auditor adjustme�ts, and
items budgeted in the wrong categories.
THIS ITEM WAS REMOVED FROM TH8 CONSENT AGENDA AND PLACED ON
THE REGIILAR AGENDA.
7. CLAIMS•
APPROVED CLAIM NOB. 63201 THROIIGH 63628.
8. LICENSES:
APPROVED TIIE LICENSES AS SIIBMITTED AND AS ON FILE IN THE
LICENBE CLERR�B OFFICE.
9. ESTIMATES•
THIS ITEM WAS REMOVED FROM THS CONBENT AGENDA AND PLACLD ON
THE REGIILAR AGENDA.
Mayor Nee requested that Item 6 be removed and placed on the
regular agenda. Councilwoman Bolkcom requested that the estimates
be removed and placed on the regular agenda, as she wished to
abstain from voting on the estimate for Lunda Construction which
involves the Locke Lake dam restoration.
There were no comments from the audience regarding the consent
agenda items.
FRIDLEY CITY COUNCIL MEETING OF AIIGIIST 14, 1995 PAGE 4
MOTION by Councilman Schneider to approve the consent agenda items,
with the exception of Items 6 and 9. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda with the
addition of Items 6 and 9 from the consent agenda. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
OPEN FORUM. VISITORS:
There was no response from the audience under this item of
business.
PUBLIC HEARINGS•
10. PUBLIC HEARING ON PLAT RE4UEST P.S. #95-01, BY THE ROTTLUND
COMPANY, INC.
AND
PUBLIC HEARING ON REZONING RE UEST ZOA #95-01, BY THE
ROTTLUND COMPANY, INC.
AND
PUBLIC HEARING ON VACATION RE4UEST, SAV #95-02, BY THE
ROTTLUND COMPANY INC.. GENERALLY LOCATED SOUTH OF MISSISSIPPI
STREET WEST OF UNIVERSITY AVENUE AND NORTH OF SATELLITE LANE
jWARD 1) (CONTINUED FROM JULY 24, 1995�:
Mayor Nee re-opened these public hearings, which had been continued
from the July 24, 1995 City Council meeting, at 8:50 p.m.
Ms. Dacy, Community Development Director, stated that these public
hearings involve The Rottlund Company's development in the south-
west quadrant of Mississippi Street and University Avenue. She
stated that in conjunction with the development, there is a re-
zoning request to rezone from C-3 and R-3 to S-2; a plat request;
and a vacation request.
Ms. Dacy stated that at the last meeting, there was discussion
regarding the alignment of Third Street. She said various options
will be presented this evening. She stated that the developer's
traffic consultant has conducted additional traffic counts at
Second Street, Mississippi Street, and Third Street.
Ms. Dacy stated that another issue is the proposed 48 units of
condominiums in two 24 unit buildings. She stated that the cost
to construct these units is higher than anticipated, and the
developer was asked to research the cost of one building versus two
buildings. She stated that the developer made another offer on the
sale of the land which has been submitted to the Housing and Rede-
FRIDLEY CITY COIINCIL MEETING OF AIIGUST 14 1995 PAGE 5
velopment Authority (HRA). She stated that the HRA has directed
staff to continue land sale negotiations with the developer.
Ms. Dacy presented a short video on the proposed development which
depicted the various types of housing in this development.
Ms. Dacy reviewed the options for Third Street. She stated that
Option 1 is essentially the option proposed by the developer to
shift the most westerly Holly Shopping Center driveway 35 feet to
the east and shift the existing Third Street driveway 35 feet east.
She stated that Second Street would remain as it now exists. She
stated that the County will accept this option, but wanted
protected left turn lanes into Holly Shopping Center and the
development. She stated that they requested medians to channel the
left turn movements and widen the right-of-way to the south.
Ms. Dacy stated that Option 2 was suggested by one of the residents
at the July 24 meeting. She stated that the main entrance to The
Rottlund development would be directly across from Second Street,
and the configuration of the streets in the development would have
to be changed. She stated that there would be no changes to the
Holly Center driveway.
Ms. Dacy stated that Option 3 combines various sub-options and
proposes a variety of parings to link the Second Street traffic
with the Holly Center traffic. She stated that these options would
involve land acquisition, either through an easement between the
apartment building and the office building, or the acquisition of
the office building to be demolished, and the relocation of
driveways to the shopping center.
Ms. Dacy stated that Option 4 provides for two private accesses
into the development. She stated that the driveway access across
from Holly Center would remain, and there would be another private
driveway access across from Second Street.
Ms. Dacy stated that the County's comments for Option 2 were mixed.
She stated the advantage is that this access would be located the
farthest from University Avenue, but it would be close to the
retaining walls of the railroad underpass so that would eliminate
the opportunity for any protected left turn movements. She stated
that a signal at this intersection may negatively impact the
traffic because of the type of phasing that would be required. She
stated that Option 3 would be difficult because of the need for
land acquisition and/or the removal of structures.
Mr. Jeff Holstein, Traffic Consultant with BRW, Inc., stated that
after the July 24 Council meeting, additional traffic data was
collected. He stated that the average time it takes vehicles to
access onto Mississippi Street from Second Street is 25 to 30
seconds. He stated that this would place that intersection in the
Class C or D level of service, and there appears to be no safety
�
FRIDLEY CITY COIINCIL MEETING OF AUGIIST 14 1995 PAGE 6
or congestion problems at this intersection. He reviewed the
sixteen hour traffic counts on Second and Third Streets.
Mr. Holstein stated that the options for access to The Rottlund
development should be evaluated. He stated that since there are
grade problems to the west it would be difficult to install a left
turn lane because of the railroad overpass. He stated that there
is also the consideration that the County would like to limit the
access onto Mississippi Street to promote through traffic.
Mr. Holstein felt that Option 1 with the main access to The
Rottlund development aligning with the Holly Center driveway would
not negatively impact the traffic, as this development would
generate only about one-third of the traffic that was previously
generated before this development.
Mr. Holstein stated that in reviewing the traffic speeds on
Mississippi Street there appears to be some speeding over the
40 m.p.h. threshold. He stated that the street is posted for
35 m.p.h. He stated that under Options 1 and 3, the City would
meet the warrant requirements for a signal. He stated under
Option 4, the Second Street intersection would not meet the
requirements, but the Third Street intersection would qualify. He
stated that under Option 2, the City would not meet the warrant
requirements for a signal. He then reviewed some of the advantages
and disadvantages of each of the options presented for the Rottlund
development.
Ms. Dacy stated that if the City did meet the warrant requirements,
the earliest there could be signalization would be five to six
years. She stated that she understands the County would fund 25
percent of the cost, and the City would be responsible for the
other 75 percent.
Mr. Todd Stutz, Rottlund Company, Inc. , stated that since this past
January when they entered into an agreement with the Housing and
Redevelopment Authority, two major issues have been identified.
He stated that one relates to the Mississippi Street entrance, and
the other relates to the costs associated with the proposed
condominium units.
Mr. Stutz stated that an option for access to their development is
to locate the entrance 35 feet to the west where the existing Third
Street entrance is now located. He stated that another option
would be the construction of a driveway or private street entrance
to align with existing Second Street. He stated that these alter-
natives would result in the loss of two units.
Mr. Stutz stated that in regard to the condominium units, they are
concerned about the costs associated with the construction of these
units, as they are more than anticipated. He stated that they will
continue to negotiate for a lower price on the land.
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 14. 1995 PAGE 7
Councilman Billings asked what option most closely resembles the
original plan presented in December, 1994.
Mr. Stutz stated that he believed it was Option 4. He stated that
what was proposed was a main entrance across from the Holly Center
driveway and a second entrance directly across from Second Street.
Councilman Billings questioned if the County would require chan-
nelization if the Holly Center driveway was moved 35 feet to the
east and the main entrance to the development was moved 35 feet
east. He stated that the traffic from this development would be
less than the traffic that was generated before the development.
He stated that if the County requires channelization and there is
less traffic, it would seem that they were in error not to require
it at any earlier time. He stated that he would like this question
addressed to the County.
Councilman Schneider asked if the dwelling units proposed in this
development would cost more than what the developer anticipated.
Mr. Stutz stated that the condominiums are the only part of the
development where the costs are higher than anticipated. He stated
that there has to be some concessions on the part of the City to
help subsidize the units that are part of the condominium
development.
The Council received a petition from business owners in Holly
Center in support of Rottlund's development.
��
MOTION by Councilman Schneider to receive Petition No. 1995.
Seconded by Councilwoman Jorgenson. Upon a voice vote, al voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Bruce Lundberg, 230 Rice Creek Terrace, thanked Council for
their efforts in providing the various options. He stated that the
traffic study confirmed that speeds on Mississippi Street are
higher than posted. He stated that at the last meeting he asked
Council to consider the alignment of Second and Third Streets. He
stated that he is not advocating that so much as slowing down the
traffic. He thought a four-way stop may accomplish this objective.
He felt that it may be beneficial for City staff, residents,
business owners in Holly Center, and the County to discuss this
issue.
Mr. Lundberg felt that Option 3 did not meet with the approval of
the residents or Holly Center owners. He stated that re-routing
Second Street through the shopping center would not be particularly
appealing. He stated that he supports Rottlund's development and
felt it would be a good addition to the City and for the school
district.
Mr. Leonard Passons, 6211 Rainbow Drive, stated that if the
residents north of Holly Center need another exit, it would make
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 14, 1995 PAGE 8
more sense to open another exit onto University Avenue. He stated
that if Second Street is opened through the development, it would
bring more traffic to his neighborhood south of the development.
Mr. David Newman, 7635 Alden Way, stated that he was speaking on
his own behalf and not as a member of the Planning Commission. He
stated that when the concept of a residential development was first
discussed for this site, it was decided that the City would set the
criteria and standards for the type of development they wanted for
the City. He stated that as the development process unfolded, he
was very happy with Rottlund's plans for this parcel. He stated
that he is very excited with the plan for the different types of
housing and felt that Rottlund has accommodated the City's needs.
He stated that he would not have voted for the project unless, ten
years from now, he could drive by and still be proud of it.
Mr. Newman stated that he has heard a lot about traffic and can
sympathize with the concerns of the residents. He stated that
while this is a busy intersection, there are a lot of other
intersections in the City that are just as busy. He felt that the
entrance is a critical part of the development, and Council s�ould
be mindful on how this affects the developer. He stated that the
developer wishes to create a certain feeling of a neighborhood for
those who first come to the site.
Dr. Joseph Lapinski, 7680 Alden Way, stated that he agrees with
Mr. Newman's comments. He stated that he is uncomfortable about
acquisition of the medical building since that is where he has his
dental°practice. He stated that he does not feel there is a
traffic problem at the Second Street intersection. He thought that
if there was a signal, the wait to exit onto Mississippi Street
would probably take longer than fifteen to twenty seconds. He
stated that he did not see any point in aligning Second and Third
Streets. He hoped Council proceeds with the project.
Councilman Schneider stated that his objective was to do something
to change the image of the City. He stated that this parcel is in
the center of the community and can demonstrate the spirit of
community now and in the future. He stated that he is very excited
about the development, but he does not want to do something that
is detrimental to the neighborhood. He stated that he did not feel
this development would-worsen the situation for residents north of
the shopping center. He stated that he is supportive of some of
the options presented this evening.
MOTION by Councilman Schneider to close the public hearings.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearings closed at 9:27 p.m.
RECESS: Mayor Nee called a recess at 9:29 p.m.
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 14. 1995 PAGE 9
RECONVENED: Mayor Nee reconvened the meeting at 9:39 p.m. Al1
members of the Council were present.
Mayor Nee stated that, with Council's permission, he would like to
discuss what directions should be given to staff and Rottlund
regarding the options that were presented. He stated that this
involves the judgment of each Councilmember's vision of what is
best for the community.
Councilman Billings stated that he wouid prefer Option 4, but there
are several questions he would like answered before he makes a
final decision. He stated that he would like to know if the County
would require channelization. He stated that he could not under-
stand why it would be required, as there would be less traffic with
this development than there was prior to the development.
Ms. Dacy stated that Rottlund's original proposal was for the
driveway to be even closer to the intersection. She said that we
were advised that this was not a good situation. She stated that
it seemed that moving the driveway 35 feet to the east met the
safety and engineering standards. She stated that Rottlund Company
met with the owners of Holly Center to review a number of options,
and the owners of the shopping center would prefer this option
because it created a better traffic flow into their center.
Councilman Billings stated that he preferred Option 4 because it
would provide a second access to the project. He stated that if
traffic backs up at the main entrance there would be a secondary
access . He stated that he has dif f iculty in f iguring why it should
cost $170,000 to move the driveways 35 feet to the east.
Ms. Dacy stated that when this item was before the Planning
Commission, the City had not received any information from the
County as to the extent of the improvements and the cost. She
stated that when the access was designed, it was felt that the cost
of shifting the Holly Center driveway to the east would be about
$10,000 to $15,000. She stated that when they received a response
from the County the cost was much higher.
Councilwoman Bolkcom stated that most persons probably would not
want the other access. She stated that she has not heard from
residents to the south of this development regarding access.
Ms. Dacy stated that at the Planning Commission meeting, there were
some residents for and some against access through this development
to Holly Center.
Mr. Stutz stated that Rottlund's preference is to leave the
entrance where it is presently proposed at the existing Third
Street location. He stated that this would seem to be the most
reasonable option at this point.
�
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 14 1995 PAGE 10
Councilwoman Bolkcom stated that she favors Option 1 so additional
units would not be lost. She stated that'probably another option
would be Option 4 without the second driveway.
Councilman Schneider stated that he would support whatever the
developer felt would make this the most successful project. He
stated that he did not want to spend $170,000 needlessly, but that
figure is relatively small in comparison to the total project. He
stated that he could live with Option 4 if that is what is
required, but it is not his preference.
Councilwoman Jorgenson stated that her first preference is for
Option 4. She stated that she felt two entrances would be an
asset. She stated that she cannot understand why channelization
of this intersection is required now when it was not in the past.
She stated that she would hate to redesign that entire intersection
and cause the tenants of the shopping center to lose business. She
stated that she could probably support Option 4, without the second
driveway, depending on the response that is received from the
County regarding channelization.
Mr. Herrick, City Attorney, stated that if the entrances or
driveways remain as they are now, he could not see any way the
County could require the City or the developer to pay for addi-
tional channelization. If the County felt it was needed they
should pay the cost. He stated that Councilman Billings' argument
that there is less traffic than when the intersection was designed
is valid.
Mayor Nee stated that he felt Option l is a good plan, but he would
not like to spend a lot of money for channelization. He stated
that if channelization is required, he would support Option 4
without the second access.
Mr: Holstein stated that as far as the channelization, he is not
sure of the County's motive. He stated that this project is
recognized as a redevelopment project and, as such, even if the
driveway is not moved, the City may be asked to provide the
channelization.
Mr. Burns, City Manager, asked Mr. Holstein, from his point of
view, if the City would be sacrificing safety if there is not
channelization.
Mr. Holstein stated that there currently is not a traffic problem.
He stated that if traffic continues to increase on Mississippi
Street, it is safer to have exclusive left turn lanes. He stated
that he would like a left turn lane into the main entrance. He
felt that in the short term, safety is not a problem, but in the
long term, it could be depending if traffic volumes increase.
Councilman Billings stated that he wished to maintain as much of
Rottlund's architectural design as possible without spending
$170,000 for channelization.
FRIDLBY CITY COIINCIL MEETING OF AIIGIIST 14. 1995 PAGE 11
11. PUBLIC HEARING ON AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE CHAPTER 205 ENTITLED "ZONING " BY AMENDING SECTION
205.25.8.C. AND REPEALING SECTION 205.24. AND ADOPTING A NEW
SECTION 250.24 CREATING FLOOD PLAIN REGULATIONS:
MOTION by Councilwoman Bolkcom to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearinq opened at
10:10 p.m.
Ms. McPherson, Planning Assistant, stated that this amendment
covers a minor change to Chapter 205.25 of the City Code to add
language to require notification to the Environmental Quality Board
for all variance requests in the critical area. She stated that
another part of the amendment covers the repealing of Section
205.24 and adopting a new Section 205.24, Creek and River Preser-
vation District Regulations. She stated that there is a new
district entitled "General Floodplain District" which includes all
"Unnumbered A Zones" depicted on the National Flood Insurance Rate
Map. She stated that, in general, this district allows the same
uses that are in the CRP-2 and CRP-1 districts.
Ms. McPherson stated that the ordinance, as currently proposed,
would eliminate the need for special use permits if all the
standards of the ordinance are met. She stated that if Council
wishes to be more restrictive a special use per�nit can be required.
Mr. Herrick, City Attorney, stated that one thing to consider is
if there is an application for a special use permit it gives the
residents an opportunity to e�ress their concerns or comments.
He stated that is the one advantage of the public hearing, but he
does not have strong feelings one way or the other.
Councilwoman Bolkcom stated that just because someone lives in the
floodplain she cannot see why they have to go through the expense
of the special use permit process.
Mayor Nee stated that he was in favor of not requiring the special
use permit and less government control.
Ms. McPherson stated that because there are no comments from
Council that a special use permit is necessary, she is assuming
that Council does not wish to require a special use permit.
There were no comments from the audience on this proposed ordinance
amendment.
MOTION by CouncIlwoman Bolkcom to close the public hearing.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 10;25 p.m.
FRIDLEY CITY COUNCIL MEETING OF AIIGUST 14 1995 PAGE 12
NEW BU5INESS•
12. REVIEW OF SHARX CLUB/SHARX SPORTS BAR INTOXICATING LIQUOR
LICENSE•
Mr. Pribyl, Finance Director, stated that on April 24, 1995,
Council issued a liquor license to Sharx Club with a stipulation
that this establishment was to be serving food by August 1, 1995.
He stated that the owner has not been able to comply with the
August 1, 1995 deadline because he is e�cperiencing difficulty in
obtaining equipment. He stated that major remodeling has occurred,
and letters have been received from vendors verifying the delays
that the owner, Mr. DeFoe, has encountered.
Mr. DeFoe stated that he was unable to meet this deadline. He
stated that, in July, a few mistakes were made, and he knew he was
not going to meet the Auqust 1 deadline. He stated that he has
been waiting for furniture and fixtures. When they arrive it is
a matter of making the plumbing and electrical connections and
inspections being completed. He stated that he is on the verge of
completing the project.
Councilwoman Bolkcom asked how long it would be from the arrival
of the equipment to actually serving food.
Mr. DeFoe stated that if the equipment arrives Friday it would be
installed the following week, inspected, and food could be served
after the certificate of occupancy is obtained.
Councilwoman Jorgenson asked if food has been served in the
nightclub portion of his establishment.
Mr. DeFoe stated that he has served pizzas for several months in
the bar area in an attempt to comply with the August 1 deadline,
but he found out that his license only allows him to serve packaged
foods such as pretzels and potato chips. He stated that the rest-
aurant has to be open before he can serve food.
Councilman Schneider asked Mr. DeFoe how soon he felt the restau-
rant would be in operation.
Mr. DeFoe stated that within three weeks based on all the informa-
tion he has received today.
Councilwoman Bolkcom stated that back in April she stated that she
would accept no excuses, and there is really no guarantee that in
three weeks Mr. DeFoe will be operating the restaurant.
Mr. DeFoe stated that he would work as hard and as fast as he could
to get this dor�e. He stated that he knows it has not been com-
pleted in the time frame he thought it could be done.
Councilman Billings stated that he had a conversation with the
sales person who is selling the equipment to Mr. DeFoe. He stated
that he confirmed that there are some production delays on the part
of the manufacturer that were unforseen, and the bulk of the
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 14. 1995 PAG� 13
remaining equipment should be shipped this week. He stated that
he believes Mr. DeFoe will be operating the restaurant e�cpedi-
tiously once the equipment is received, as he has a significant
investment.
MOTION by Councilwoman Bolkcom to set the public hearing for
consideration of suspension or revocation of the liquor license for
Sharx Club for September 18, 1995. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
Councilwoman Jorgenson asked if Council could take action on this
issue the same evening of the public hearing.
Mr. Herrick, City Attorney, stated that Council could take action
at the same time the public hearing is held if they so desired.
MOTION by CounciZwaman Jorgenson to receive the letters from Paul
Kozlak from Premier Restaurant Equipment Company and John Dahl,
FCR, Inc. both dated August 14, 1995 regarding equipment delays and
carpet installation at the Sharx Club. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
13. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY
CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHO-
RIZING THE SALE THEREOF (GENERALLY LOCATED AT 5720 POLK STREET
N.E.) (WARD 2):
Ms. Dacy, Community Development Director, stated that this parcel
is located north of Moore Lake Apartments on the west side of Polk
Street. She stated that Council acquired this lot for the Polk
Street improvement project. She stated that last spring a number
of variances were approved, as well as a request to subdivide 35
feet of this parcel to the owner of the Moore Lake Apartments for
parking lot improvements.
Ms. Dacy stated that this proposed ordinance is to declare this
parcel as surplus and authorize the sale of this property.
MoTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
14. VARIANCE RE4UEST. VAR #95-16, BY ROBERT AND KAREN FOURNIER TO
REDUCE THE FRONT YARD SETBACK FROM 3 5 FEET TO 2 5 FEET TO ALLOW
THE CONSTRUCTION OF A THREE SEASON PORCH� GENERALLY LOCATED
AT 8095 RIVERVIEW TERRACE N.E. (WARD 3):
Ms. McPherson, Planning Assistant, stated that this is a request
for a variance to reduce the front yard setback from 35 feet to 25
FRIDLEY CITY COONCIL MEETING OF AIIGUST 14 1995 PAGE 14
feet at 8095 Riverview Terrace. She stated the variance is re-
quested to allow the construction of a three season porch to the
front of the property. She stated that the proposed addition is
10 feet by 14 feet. She stated that the variance is within
previously granted requests, and staff has no recommendation. She
stated, however, that this type of addition is more typical to a
side or rear yard rather than on the front of the dwelling.
Ms. McPherson stated that the Appeals Commission voted to deny the
variance. She stated that the property is located in the flood
fringe district, and a special use permit is required.
The petitioner was not present; therefore, the following action was
taken:
MOTION by Councilwoman Bolkcom to table this item to the next
Council meeting on August 28, 1995. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
15. RESOLUTION AUTHORIZING ANOKA COUNTY HRA SPECIAL BENEFIT LEVY:
Ms. Dacy, Community Development Director, stated that this is a
request from the County for the City to participate in a special
benefit levy. She stated that Fridley's Housing and Redevelopment
Authority reviewed this proposal, and information from Councilman
Billings on the August 2 Intergovernmental Committee meeting is
included for Council's review. She stated that at the August 2
meeting, there was some willingness on the part of some officials
to consider the option to pass a resolution of preliminary intent
to consider this levy.
Ms. Dacy stated that Fridley's HRA did not feel comfortable with
any of the options which were: (1) to approve the resolution autho-
rizing the special benefit levy; (2) pass a resolution of prelimi-
nary intent to consider the levy with a final determination to be
decided at a later date; or (3) pass a resolution specifying that
the City does not want a County HRA levy. She stated that the HRA
did not feel they had enough information to make a recommendation
to either "opt in" or "opt out" or evaluate the proposal. She
stated that the County has asked all communities to comment and
identify which option they wish to pursue by August 18, 1995. She
stated that in order for the County to accomplish the September 15
deadline for the levy, they need to pass a budget by August 22.
Councilman Schneider stated that he was at the meeting prior to
August 2. He felt that the County HRA is acting in good faith but
trying to rush the process. He stated that he is concerned that
if the Council passes a resolution of preliminary intent it sends
the wrong message.
Councilman Billings stated that his memorandum is clear on his
position. He felt that by voting a preliminary intent it allows
the City time to obtain answers from the County.
FRIDLEY CITY COIINCIL MEETING OF AQGIIST 14, 1995 PAGE 15
Mayor Nee felt that a preliminary intent suggests that Council is
going to approve the special benefit levy.
Councilman Billings felt that the preliminary intent indicates that
the City does not have enough information. He stated that the
County needs to certify to the state the maximum levy and, if they
know Fridley is not going to be included they will not certify for
the City. He stated that the County has indicated all monies
collected in Fridley would be spent in Fridley, after the admini-
strative fees are deducted. He suggested that Council take a
serious look at this program as a source of funding for multi-
family rehabilitation.
Councilman Schneider stated that those cities without HRA's felt
this was a very positive opportunity.
Councilwoman Jorgenson did not think there was anything different
the County HRA would be doing in comparison to what the City is
currently involved with in the residential and multi-family
programs.
Councilman Billings stated that the City does not have a real
multi-family program in place at the present time, and he felt the
City should be involved in such a program. He stated that this
would be an opportunity to do things on a County-wide basis. He
stated that what is planned is that representatives fram each city
will design the program it is not something that is already
formulated.
Councilwoman Jorgenson stated that if the City opted to participate
in this program, revenue of $145,122 would be raised for multi-
family rehabilitation less the administrative fees.
Councilman Billings stated that if everyone in the County partici-
pates, Fridley's fees would be about $18,000, which would leave
about $130,000 to be used in Fridley. He stated that the City
would be part of the planning committee to decide if they want
multi-family or single family rehabilitation.
Councilman Schneider stated that the City could choose not to
participate this year and possibly participate next year. He
stated that the question is why the City would be better off
letting the County collect the revenue rather than the local HRA.
Councilman Billings stated that he strongly urged Council to opt
in for the short-term and make a final decision in November to
either be or not be included.
Councilwoman Bolkcom stated that it doesn't seem it would hurt to
opt in, and they can get out at a later date after some questions
are answered.
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 14, 1995 PAGE 16
Mayor Nee stated that the only thing the.County could do is levy
a certain amount of money that will not show up in the City's truth
in taxation. He stated the argument that the County has more
leverage than the City is probably correct.
Councilman Schneider stated that, in reality, there are no answers
available to make a reasonable presentation to the communities that
have HRA's on why it is better to have the County levy the tax
rather than the City. He stated that it is not clear to him as to
why it would be better for the County to do it rather than the
City.
Councilwoman Jorgenson stated that her feeling would be to opt out
this year, as she felt the money could probably be put to better
use with local control. She stated that her concern is the timing,
and there is not time to get a response to questions and meet the
County's time schedule.
MOTION by Councilwoman Jorgenson to direct staff to notify the
County that the Fridley City Council and HRA came to a consensus
not to partici-pate in the program. Further, Council felt that
there is not sufficient information to proceed this year and would
like further information to possibly consider involvement in the
program next year. Seconded by Councilwoman Bolkcam. Upon a voice
vote, Councilwoman Jorgenson, Councilwoman Bolkcom, Councilman
Schneider, and Mayor Nee voted in favor of the motion. Councilman
Billings voted against the motion. Mayor Nee declared the motion
carried by a four to one vote.
6. RESOLUTION NO. 49-1995 AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE GENERAL FUND CABLE T.V. FUND. GRANT MANAGEMENT_FUND
HRA REIMBURSEMENT FUND DRUG AND GAMBLING FORFEITURE FUND,
HOUSING REVITALIZATION FUND AND THE CAPITAL IMPROVEMENT FUND
FOR THE YEAR 1994:
Mayor Nee raised several questions regarding these appropriation
changes and requested that more detailed information be provided
with future resolutions.
MOTION by Councilman Schneider to adopt Resolution No. 49-1995.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
9. ESTIMATES•
MOTION by Councilman Schneider to approve the estimates as
submitted: -
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 55435-5489
Services Rendered as City Attorney
for the Month of July, 1995. . . . . . . . . $ 6,863.46
FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 14, 1995 PAG$ 17
F.F. Jedlicki, Inc.
14203 West 62nd Street
Eden Prairie, MN 55346
Clover Pond Diversion/52nd Avenue
Floodway Project No. 222
FTNAL ESTIMATE . . . . . . . . . . . . . . . $ 2,211.32
Innovative Irrigation
10008 University Avenue N.W.
Coon Rapids, MN 55448
1995 Corridor Maintenance
Project No. 275
FINAL ESTIMATE . . . . . . . . . . . . . . . $ 4,116.38
Lunda Construction Company
P. O. Box 228
Little Chute, WI 54140-0228
Locke Lake Dam Restoration
Project No. 211
Estimate No. 7 . . . . . . . . . . . . . . . $39, 442. 06
Standard Sidewalk
29635 Neal Avenue
Lindstrom, MN 55045
1995 Miscellaneous Concrete Curb,
Gutter and Sidewalk Project No. 279
Estimate No. 4 . . . . . . . . . . . . . . . $ 3,161. 60
Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman
Schneider, Councilwoman Jorgenson, Councilman Billings, and Mayor
Nee voted in favor of the motion. Councilwoman Bolkcom abstained
from voting on the motion. Mayor Nee declared the motion carried
by a four to one vote.
16. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that he would like to informally
discuss the Hyde Park rehabilitation program and acquisition of
scattered site properties.
Mr. Burns stated that he would like Council to view a very short
video taken on National, Night Out.
CONFERENCE MEETING - AUGUST 29 1995 AT 7:30 P.M.:
Councilwoman Bolkcom stated that she felt there should be a con-
ference meeting scheduled. It was agreed that this meeting would
be scheduled for August 29 at 7:30 p.m.
FRIDLEY CITY COIINCIL MEETING OF AUGUST 14 1995 PAGE 18
Mayor Nee requested that the Councilmembers submit any items to
him that they wish to discuss so an agenda can be prepared.
It was the consensus of the Council that the Hyde Park issue, which
was to be informally discussed this evening, should probably be
considered either after the formal Council meeting on August 28 or
the August 29 conference meeting.
ADJOURNMENT•
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of August 14, 1995 adjourned at
11:42 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
� �-
�
�
Community Development Department
PLANNING DIVISiON
City of Fridley
DATE: August 24, 1995 ��
TO: William Burns, City Manager �
FROM:
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Second Readinq of an Ordinance Under Section 12.06
of the Fridley City Charter Declaring Certain Real
Estate to be Surplus and Authorizinq the Sale
Thereof
In 2994, the City approved a lot split to split Lot 3, Block 2,
Sexter Addition (5720 Polk Streetj. The split created a parcel
35 feet wide which was sold to Dave Stewart for additional
parking for the Moore Lake Apartments. In order for the City to
di.spose of the remaining part of Lot 3, Block 2, it must be
declared excess and its sale authorized.
The City Council held the first reading of the ordinance at its
August 14, 1995 meeting.
Staff recommendations that the City Council hold the second
reading of the attached ordinance declaring the property as
surplus and authorizing its sale.
MM/dw
M-95-463
1.01
ORDINANCE NO.
AN ORDINANCE IINDER SECTION 12.06 OF THE CITY
CHARTER DECLARING CERTAIN REAL ESTATE TO BE
SIIRPLIIS AND AUTHORIZING THE SALE TBEREOF
The City Council of the City of Fridley does hereby ordain as
follows:
5ECTION 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 3, Block 2, Sexter Addition,
Anoka County, Minnesota, lying Northerly of the
South 35 feet of said Lot 3.
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 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 , 1995.
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA, CITY CLERK
First Reading: August 14, 1995
Second Reading:
Publication:
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TO: WILLIAM W. BURNS, CITY MANAGER,�) �
FROM: RICHARD D. PRIBYI., FINANCE DIRECTOR
PAUL S. HANSEN, STAFF ACCOUNTANT
SUBJECT: 1996 PRELIMINARY DRAFf BUDGET
DATE: August 25, 1995
In conformance with Chapter 7, Section 7.04 of the City Charter, attached is the 1996
Preliminary Draft Budget The Budget will be presented to Council at the August 20,
1995 meeting.
As can be seen by the attached Budget Overview, the 1996 budget resolution reflects a
6.1% increase over 1995 while the 1996 Generai Fund Budget is at a 1.9% decrease.
The 1996 Budget follows Council's direction to levy the properiy tax levy at a four
percent increase over the 19951evy. We should have further information for Council on
the impact this will have on the average homeowner in Fridley by their meeting on
September 11, 1995.
In Conclusion, we present the 1996 Preliminary Draft Budgets.
RDPJhdk
Attachments
2.� �
C1TY OF FRIDLEY, 1996 DRAFT BUDGET RESOLUTION
In conformar�ce with Section 7.04 of the City Charter, the folbwing city Manager's budget for fiscai year 1996 is
submitted to the City Council at the August 28, 1995 City Council meeting.
GENERAL FUND
Taxes and Special Assessmerrts:
Current Ad Valorem
Definquent, Penatties,
Forteited
Special Assessments
Licenses and Permits:
Licenses
Permits
Intergovernmental:
Federal
State -
Homestead and Agriculture
Credit Aid
Local Govemment Aid
A11 Other
Charges for Services
HRA
Water Fund
SewerFund
Storm Water Fund
Liquor Fund
Cable TV Fund
Construction Funds
Fines and Forie'�s
Interest on Investinerrts
Miscellaneous Revenues
Other Financing Sources:
Sates of General Faed Assets
Closed Debt Service Fund
Liquor Fund
TOTAL REYENUES AND OTHER
FINANCING SOURCES
Fund Balance:
General Fund Reserve
TOTAL GENERAL FUND
SPECIAL REVENUE FUNDS
Cable N Fund
Grant Managemer�t Fund
Solid Waste Abatement Fund
Housing Revitalization Fund
Fund Balance
TOTAL SPECIAL REVENUE FUNDS
CAPI7AL PROJECTS FUNDS
Capital Imp�ovement Fund
Taxes - Cuirent Ad Valorem
Interest on Investrnents
Donations
State Aid Construcnon
Fund Balance
ESTIMATED
REVENUE
$3,703,641
75,344
2,530
152,122
382,827
30,116
1,024,834
1,625,082
473,847
271,632
237,609
148,575
143,154
79,575
56,850
21,653
55,640
203,573
425,000
84,211
13,456
134,843
75,000
9.421.114
337,012
$9.758.126
$101,389
204,976
228,029
250,000
29,069
3813.463
$85,550
271,036
10,000
650,000
748,414
TOTAL CAPITAL PROJECTS FUNDS $1,765.000
AGENCY FUND
Six Cities Watershed Fund
Taxes - Current Ad Valorem
TOTAL AGENCY FUND
TOTAL
Legislative:
City Council
Planning Commissions
Other Commissions
City ManagemeM:
General Management
Pe�so�nel
Legal
Finance:
Elections
Accounting
Assessing
M4S
City CIe�k/Records
Police:
PoGce
Civil Defense
Fre:
Fire
Rental Housing {nspections
Public Works:
Civic Center
Engineering
Lighting
Park MaiMenance
Strcet Maintenance
Rec�eation:
Recreation
Naturalist
Community Development:
Building Inspection
P{anning
Reserve:
Emergency
Nondepartmental:
General Capital Improvement
Streets Capital Improvement
Parks Capital tmprovement
$3,911
$3.911
$12.340.500 �.02
APPROPRIATIONS
$95,183
3,518
6,961
311,137
47,454
252,700
23,216
543,006
117,203
159,140
i 09,523
3,173,037
9,850
703,707
93,917
189,961
441,347
192,900
652,096
1,121,417
569,519
2io,22s
222,646
334,208
100.000
74,251
$9.758.126
$116,606
208,674
238.183
250,000
5819.463
$555,000
886,000
324,000
� 1,765,000
$3,911
$3.911
$12.340.500
General Fund
. : ::: .:..:..�: :.�. .:.....:...�...:. ..,.. . . .
Special Revenue Funds
:.::.,:.:::<.. ::: :.;:::.;::._:.:..:..;::..::.: .:
Capital Proiects�Funds
gency Fund
4•.
Total �BudQet�Resolution
BUDGET OVERVIEW
1994
Budget
�.�
9, 339, 724
518,985
1, 568, 000
3.500
11
1995
Budget
��
9, 949, 347
. 567,887
1,109, 500
3, 500
11.630.234
2.03
%
Change
��
6.5%
9.4%
— 29.2%
0.0%
1.7%
1996
Budget
.��
9,758,126
813,463
1,765,000
3,911
12, 340, 500
%
Change
....��
—1.9%
43.2%
59.1 %
11.7%
6.1 %
r �
�
.
DATE:
Community Development Department
PLANNING DIVISION
City of Fridley
August 24, 1995 /1,1
�y
TO: �
William Burns, City Manager�`
� Ri
FROM:
Barbara Dacy, Community Development Director
Scatt Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUB�TECT: First Reading of an Ordinance Recodifying the
Fridley City Code, Chapter 205, Entitlecl "Zoning",
by Amending Section 205.25.O8.C, and Repealing
Section 205.24 and Adopting a New Section 205.24,
Creating Floodplain Regulations
The City Council conducted a public hearing regarding the
iloodplain regulation ordinance at its August 14, 1995 meetinq.
The Planning Commission recommended approval of adoption of the
ordinance. The City Council had no direction for staff reqarding
the ordinance other than to remove the special use permit
requirements for construction in the flood plain.
Staff recommends that the City Council approve the first reading
of the attached ordinance.
MM/dw
M-95-468
3.01.
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 205, ENTITLED ��ZONING��, BY
AMENDING SECTION 205.25.8.C, AND REPEALING
SECTION 205.24 AND ADOPTING A NEW SECTION
205.24.
The City Council of the City of Fridley does hereby ordain as
follows:
205.25.8.0 ADDITIONAL REQUIREMENTS FOR ALL STRUCTURES
S4) The followinq..agencies shall be notified of all variance
requests to the above setback requirements: The Minnesota
Department of Natural Resources and Environmental 4uality Board.
205.24 CREEK AND RIVER PRESERVATION DISTRICT REGULATIONS
1. PURPOSE
It is the purpose of this Ordinance to promote the public
health, safety, and general welfare and to minimize those
losses described in Section 205.24.02 by provisions
contained herein. In addition, the purpose of this district
is to:
A. Regulate and ensure orderly development of the City's
floodplain and fringe lands.
B. Preserve and protect the natural state of creeks and
rivers in the City.
C. Protect surface and ground water quality and quantity.
D. Minimize the losses due to periodic flooding and
eliminate obstructions of flood flow that would cause
hazards to life and property.
2. FINDINGS OF FACT
The flood hazard areas of the City, are subject to periodic
inundation which results in potential loss of life, loss of
property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health,
safety, and general welfare of the residents of the City.
3.02
�
4.
LAND SUBJECT TO THIS DISTRICT
A. Establishment of Boundaries
The boundaries of the Creek and River Preservation District
are hereby established as shown on the official zoning map
of the City of Fridley. This boundary is made up of two (2)
protection zones (CRP-1, "Floodway", and CRP-2 "Flood
Fringe") which contain all lands within the jurisdiction of
the City which are subject to periodic flooding by a
regional flood and which lie below the regulatory flood
protection elevation on the Official Creek and River Profile
(hereinafter called the "Profile") contained within the
Flood Insurance Study prepared for the City of Fridley. It
also includes all the areas designated as unnumbered A zones
(CRP-3, "General Floodplain District") on the Flood
Insurance Rate Map for the City of Fridley. The Flood
Insurance Study for the City of Fridley prepared by the
Federal insurance Administration dated September 2, 1980,
and the Flood boundary and Floodway Maps and Flood Insurance
Rate Maps therein are adopted by reference.
B. Location of Boundaries
The elevations as shown on the Profile and other available
technical data contained in the Flood Insurance Study shall
be the governing factor in locating creek and river
protection boundaries. The Official Zoning Map shall be on
file in the Office of the City Clerk and the Community
Development Department.
USES PERMITTED - FLOODWAY (CRP-1)
A. Principal Uses and Standards
(1) General farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry,
sod farming, and wild crop harvesting.
(2) Industrial-commercial loading areas, parking
areas, and airport Ianding strips.
(3) Private and public golf courses
driving ranges, archery ranges,
boat launching ramps, swimming
wildlife and nature preserves,
hatcheries, shooting preserves,
trap and skeet ranges, hunting
and single or multiple purpose
trails.
2
3.03
, tennis courts,
picnic grounds,
areas, parks,
game farms, fish
target ranges,
and fishing areas,
recreational
(4) Residential lawns, gardens, parking areas, and
play areas.
(5) Standards:
(a) The use shall have a low flood damage
potential.
(b) The use shall be permissible in the
underlying zoning district if one exists.
(c) The use shall not obstruct flood flows or
increase flood elevations and shall not
involve structures, fill, obstructions,
excavations or storage of materials or
equipment.
B. Uses Permitted with a Special Use Permit and Standards
(1) Structures accessory to the uses listed in
205.24.04.(A) above and the uses listed in
205.24.04.(B). 2-8 below, subject to the
following standards:
(a) Accessory structures shall not be designed
for human habitation.
(b) Accessory structures, if permitted, shall be
constructed and placed on the buildinq site
so as to offer the minimum obstruction to the
flow of flood waters.
1) Whenever possible, structures shall
be constructed with the
longitudinal axis parallel to the
direction of flood flow, and,
2) So far as practicable, structures
shall be placed approximately on
the same flood flow lines as those
of adjoining structures.
(c) Accessory structures shall be elevated on
fill or structurally dry flood-proofed in
accordance with the FP-1 or FP-2 flood
proofing classifications in the State
Building Code. As an alternative, an
accessory structure may be flood proofed to
the FP-3 or FP-4 flood proofing
classification in the State Building Code
provided the accessory structure constitutes
3
3.04
a minimal investment, does not exceed 500
square feet in size, and for a detached
garage, the detached garage must be used
solely for parking of vehicles and limited
storage. All flood proofed accessory
structures must meet the following additional
standards, as appropriate:
1) The structure must be adequately
anchored to prevent flotation,
collapse or lateral movement of the
structure and shall be designed to
equalize hydrostatic flood forces
on exterior walls; and
2) Any mechanical and utility
equipment in a structure must be
elevated to or above the Regulatory
flood Protection Elevation or
properly flood proofed.
(2) Extraction and storage of sand, gravel, and other
materials.
(3) Marinas, boat rentals, docks, piers, wharves, and
water control structures.
(4) Railroads, streets, bridges, utility transmission
lines, and pipelines.
(5) Storage yards for equipment, machinery, or
materials, subject to the following standards:
(a) The storage or processing of materials that
are, in time of flooding, flammable,
explosive, or potentially injurious to human,
animal, or plant life is prohibited.
(b) Storage of other materials or equipment may
be allowed if readily removable from the area
within the time available after a flood
warning and in accordance with a plan
approved by the City.
(6) Placement of fill, subject to the following
standards:
(a) Fill, dredge spoil and all other similar
materials deposited or stored in the flood
plain shall be protected from erosion by
vegetative cover, mulching, riprap or other
4
4 3.05
i
�
acceptable method.
(b) Dredge spoil sites and sand and gravel
operations shall not be allowed in the
floodway unless a long-term site development
plan is submitted which includes an
erosion/sedimentation prevention element to
the plan.
(c) As an alternative, and consistent with
subsection (b) immediately above, dredge
spoil disposal and sand and gravel operations
may allow temporary, on-site storage of fill
or other materials which would have caused an
increase to the stage of the 100 year or
regional flood but only after the City has
received an appropriate plan which assures
the removal of the materials from the
floodway based upon the flood warning time
available. The Special Use Permit must be
title registered with the property in the
Office of the County Recorder.
(7) Travel trailers and travel vehicles either on
individual lots of record or in existing or new
subdivisions or commercial or condominium type
campgrounds, subject to the exemptions and
provisions of Section 205.24.07.D.
(8) Structural works for flood control such as levees,
dikes and floodwalls constructed to any height
where the intent is to protect individual
structures and levees or dikes where the intent is
to protect agricultural crops for a frequency
flood event equal to or less than the 10-year
frequency flood event.
(9) Standards:
(a) No structure (temporary or permanent), fill
(including fill for roads and levees),
deposit, obstruction, storage of materials or
equipment, or other uses may be allowed as a
'"Special Use that will cause any increase in
the stage of the 100-year or regional flood
or cause an increase in flood damages in the
reach or reaches affected.
(b) Subject to the procedures and standards
contained in Section 205.24.10.D.
5
3.06
(c) The Special Use shall be permissible in the
underlying zoning district if one exists.
(d) Structural works for flood control that will
change the course, current or cross section
of protected wetlands or public waters shall
be subject to the provisions of Minnesota
Statute, Chapter 105. Community-wide
structural works for flood control intended
to remove areas from the regulatory flood
plain shall not be allowed in the floodway.
(e) A levee, dike or floodwall
floodway shall not cause an
100-year or regional flood
analysis must assume equal
storage loss on both sides
constructed in the
increase to the
and the technical
conveyance or
of a stream.
5. USES PERMITTED - FLOOD FRINGE DISTRICT (CRP-2)
A. Principal Uses and Standards
Permitted Uses shall be those uses of land or structures
listed as Permitted Uses in the underlying zoning
district(s). If no pre-existing, underlying zoning
districts exist, then any residential or non-residential
structure or use of a structure or land shall be a Permitted
Use in the Flood Fringe provided such use does not
constitute a public nuisance. All Permitted Uses shall
comply with the following standards:
(1) All structures, including accessory structures,
must be elevated on fill so that the lowest floor
including basement floor is at or above the
Regulatory Flood Protection Elevation. The
finished fill elevation for structures shall be no
lower than one (1) foot below the Regulatory flood
Protection Elevation and the fill shall extend at
such elevation at least fifteen (15) feet beyond
the outside limits of the structure erected
thereon,
(2) As an alternative to elevation on fill, accessory
structures that constitute a minimal investment
and that do next exceed 500 square feet for the
outside dimension at ground level may be
internally flood proofed in accordance with
Section 205.24.04,B.(i).(c).
(3) The cumulative placement of fill where at any one
time in excess of one-thousand (1,000) cubic yards
�
3.07
of fill is located on the parcel shall be
allowable only as a Special Use, unless said fill
is specifically intended to elevate a structure in
accordance with Section 205.24.05.A.(1).
(4) The storage of any materials or equipment shall be
elevated on fill to the Regulatory Flood
Protection Elevation.
B. Uses Permitted with a Special Use Permit and Standards
Any structure that is not elevated on fill or flood proofed
in accordance with Section 205.24.05.A.(1,2) or any use of
land that does not comply with the standards in Section
205.24.05.A.(3,4). The use shall comply with the following
standards:
(1) Alternative elevation methods other than the use
of fill may be utilized to elevate a structure's
lowest floor above the Regulatory Flood Protection
Elevation. These alternative methods may include
the use of stilts, pilings, parallel walls, etc.,
or above-grade, enclosed areas such as crawl
spaces or tuck under garages. The base of floor
of any enclosed area shall be considered above-
grade and not a structure's basement or lowest
floor if: a) the enclosed area is above-grade on
at least one side of the structure; b) it is
designed to internally flood and is constructed
with flood resistant materials; and c) it is used
solely for parking of vehicles, building access or
storage. The above-noted alternative elevation
methods are subject to the following additional
standards:
(a) The structure's design and as-built
condition �ust be certified by a
registered professional engineer or
architect as being in compliance with
the general design standards of the
State Building Code and, specifically,
that all electrical, heating,
ventilation, plumbing and air
conditioning equipment and other service
facilities must be at or above the
Regulatory Flood Protection Elevation or
be designed to prevent flood water from
entering or accumulating within these
componants during times of flooding.
(bj Above-grade fully enclosed areas such as
�/
3r0V
r
crawl spaces or tuck under garages must
be designed to internally flood and the
design plans must stipulate:
(1) The minimum area of openings in
the walls where internal flooding
is to be used as a flood proofing
technique. When openings are
placed in a structure's walls to
provide for entry of flood waters
to equalize pressures, the bottom
of all openings shall be no higher
than one-foot above grade.
Openings may be equipped with
screens, louvers, valves, or ather
coverings or devices provided that
they permit the automatic entry and
exit of flood waters.
(2) That the enclosed area will be
designed of flood resistant
materials in accordance with the
FP-3 or FP-4 classifications in the
State Building Code and shall be
used solely for building access,
parking of vehicles or storage.
(2) Basements, as defined by Section 205.23.04.D,
shall be subject to the following standards:
(a) Residential basement construction shal]. not
be allowed below the Regulatory Flood
Pro�ection Elevation.
(b) Non-residential basements may be allowed
below the Regulatory Flood Protection
Elevation provided the basement is
structurally dry flood proofed in accordance
with Section 3 below.
(3) All areas of non residential structures including
basements to be placed below the Regulatory Flood
Protection Elevation shall be flood proofed in
accordance with the structurally dry flood
proofing classifications in the State Building
Code. Structurally dry flood proofing must meet
the FP-1 or FP-2 flood proofing classification in
the State Building Code and this sha11 require
making the structure watertight with the walls
substantially impermeable to the passage of water
and with structural components having the
:
3.09
capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy.
Structures flood proofed to the FP-3 or FP-4
classification shall not be permitted.
(4j When at any one time more than 1,000 cubic yards
of fill or other similar material is located on a
parcel for such activities as on-site storage,
landscaping, sand and gravel operations,
landfills, roads, dredge spoil disposal or
construction of flood control works, an
erosion/sedimentation control plan must be
submitted unless the City is enforcing a state
approved shoreland management ordinance. In the
absence of a state approved shoreland ordinance,
the plan �ust clearly specify methods to be used
to stabilize the fill on site for a flood event at
a minimum of the 100-year or regional flood event.
The plan must be prepared and certified by a
registered professional engineer or othar
qualified individual acceptable to the City. The
plan may incorporate alternative procedures for
removal of the material from the flood plain if
adequate flood warninq time exists.
(5) Storage of materials and equipment subject to the
following standards:
(a) The storage or processing of materials that
are, in time of flooding, flammable,
explosive, or potentially injurious to human,
animal, or plant life is prohibited.
(b) Storage of other materials or equipment may
be allowed if readily removable from the area
within the time available after a flood
warning and in accordance with a plan
approved by the City.
(c) The provisions of Section 205.24.05.0 of this
Ordinance shall also apply.
C. Additional Standards
(1) All new principal structures must have vehicular
access at or above an elevation more than two (2)
feet below the Regulatory Flood Protection
Elevation. If a variance to this requirement is
granted, the Board of Adjustment must speaify
limitations on the period of use of occupancy of
the structure for times of flooding and only after
�
3.10
determining that adequate flood warning time and
local flood emergency response procedures exist..
(2) Commercial Uses - accessory land uses, such as
yards, railroad tracks, and parking lots may be at
elevations lower than the Regulatory Flood
Protection Elevation. However, a permit for such
facilities to be used by the employees or the
general public shall not be granted in the absence
of a flood warning system that provides adequate
time for evacuation if the area would be inundated
to a depth greater than two feet or be subject to
flood velocities greater than four feet per second
upon occurrence of the regional flood.
(3) Manufacturing and Industrial Uses - measures shall
be taken to minimize interference with normal plan
operations especialiy along streams having
protracted flood durations. Certain accessory
land uses such as yards and parking lots may be at
lower elevations subject to requirements set out
in Section 205.24.05.C.(2) above. In considering
permit applications, due consideration shall be
given to needs of any industry whose business
requires that it be located in flood plain areas.
(4j Fi1Z shall be properly compacted and the slopes
shall be properly protected by the use of riprap,
vegetative cover or other acceptable method. The
Federal Emergency Management Agency (FEMA) has
established criteria for removing the special
flood hazard area designation for certain
structures properly elevated on fill above the
100-year flood elevation - FEMA's requirements
incorporate specific fill compaction and side
slope protection standards for multi-structure or
multi-lot d�velopments. These standards should be
investigated prior to the initiation of site
preparation if a change of special flood hazard
area designation will be requested.
(5) Flood plain developments shall not adversely
affect the hydraulic capacity of the channel and
adjoining flood plain of any tributary watercourse
or drainage system where a floodway or other
encroachment limit has not been specified an the
Official Zoning Map.
(6) Standards for travel trailers and travel vehicles
are contained in Section 205.24.07.
10
3.11
(7) All manufactured homes must be securely anchored
to an adequately a anchored foundation system that
resists flotation, collapse and lateral movement.
Methods of anchoring may include, but are not to
be limited to, use of over-the-top or frame ties
to ground anchors. This requirement is in
addition to applicable state or local anchoring
requirements for resisting wind forces.
6. USES PERMITTED GENERAL FLOOD PLAIN DISTRICT (CRP-3)
A. Principal Uses and Standards
(1) The uses listed in Section 205.24.04.A shall be
permitted uses. ,
(2) All other uses shall be subject to the
floodway/flood fringe evaluation criteria pursuant
to Section 205.24.06.B below. Section 205.24.04
shall apply if the proposed use is in the Floodway
District and Section 205.24.05 shall apply if the
proposed use is in the Flood Fringe District.
B. Floodway and Flood Fringe Determinations Wit�iin the
General Flood Plain District.
(1) Upon receipt of an application for a Special Use
Permit for a use within the General Flood Plain
District, the applicant shall be required to
furnish such of the following information as is
deemed necessary by the Zoning Administrator for
the determination of the Regulatory Flood
Protection Elevation and whether the proposed use
is within the Floodway or Flood Fringe District.
(a) A typical valley cross-section showing the
channel of the stream, elevation of land
areas adjoining each side of the channel,
cross-sectional areas to be occupied by the
proposed development, and high water
information.
(b) Plan (surface view) showing elevations or
contours of the ground; pertinent structure,
fill, or storage elevations; size, location,
and spatial arrangement of all proposed and
existing structures on the site; locations
and elevations of streets; photographs
showing existing land uses and vegetation
upstream and downstream; and soil type.
11
3,12
(c) Profile showing the slope of the bottom of
the channe2 or flow line of the stream for at
least 500 fee in either direction from the
proposed development.
(2) The applicant shall be responsible to submit one
copy of the above information to a designated
engineer or other expert person or agency for
technical assistance in determining whether the
proposed use is in the Floodway or Flood Fringe
District and to determine the Regulatory Flood
Protection Elevation. Procedures consistent with
Minnesota Regulations 1983, Parts 6120.5000 -
6120.6200 shall be followed in this expert
evaluation. The designated engineer or expert
technical evaluation methodology with the
respective Department of Natural Resources' Area
Aydrologist prior to commencing the analysis. The
designated engineer or expert shall:
(a) Estimate the peak discharge of the regional
flood.
(b) Calculate the water surface profile of the
regional flood based upon a hydraulic
analysis of the stream channel and overbank
areas.
(c) Compute the floodway necessary to convey or
store the regional flood without increasing
flood stages more than 0.5 foot. A lesser
stage increase than .5' shall be required if,
as a result of the additional state increase,
increased flood damages would result. An
equal degree of encroachment on both sides of
the stream within the reach shall be assumed
in computing floodway boundaries.
(3) The Zoning Administrator shall present the
technical evaluation and findings of the
designated engineer or e�ert to the City. The
City must formally accept the technical evaluation
and the recommended Floodway and/or Flood Fringe
District boundary or deny the permit application.
The City, prior to official action, may submit the
application and all supporting data and analysis
to the Federal Emergency Management Agency, the
Department of Natural Resources or the Planning
Commission for review and comment. Once the
Floodway and Flood Fringe Boundaries have been
determined, the City shall refer the matter back
12
3.13
7.
to the Zoning Administrator who shall process the
permit application consistent with the applicable
provisions of Sections 205.24.04 and 205.24.05.
MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT
OF TRAVEL TRAILERS AND TRAVEL VEHICLE5
A. New manufactured
manufactured home
provisions place
home parks and expansions to existing
parks shall be subject to the
d on subdivisions by Section 205.24.09.
B. The placement of new or replacement manufactured homes
in existing manufactured home parks or on individual
lots of record that are located in flood plain
districts will be treated as a new structure and may be
placed only if elevated in compliance with Section
205.24.05. If vehicular road access for pre-existing
manufactured home parks is not provided in accordance
with Section 205.24.05.C, then replacement manufactured
homes will not be allowed until the property owner(s)
develops a flood warning emergency plan acceptable to
the City.
C. All manufactured homes must be
adequately anchored foundation
flotation, collapse and lateral
anchoring may include, but are
use of over-the-top or frame ti
This requirement is in addition
or local anchoring requirements
forces.
securely anchored to an
system that resists
movement. Methods of
not to be limited to,
es to ground anchors.
to the applicable state
for resisting wind
D. Travel trailers and travel vehicles that do not meet
the exemption criteria specified in Section 205.24.07.E
below shall be subject to the provisions of this
Ordinance as specifically spelled out in Sections
205.24.07.E.(2) and (3) below.
E. Exemptions
(1) Travel trailers and travel vehicles are exempt
from the provisions of this Ordinance if they are
placed in the following areas:
(a)
(b)
(c)
Individual lots or parcels of record.
Existing commercial recreational vehicle
parks or campgrounds.
Existing condominium type associations.
13
3.14
and they meet the following criteria:
(a) Have current licenses required for highway
use. ,
(b) Existing commercial recreational vehicle
parks or campgrounds.
(c) Existing condominiwn type associations.
and they meet the following criteria:
(a) Have current licenses required for highway
use.
(b) Are highway ready meaning on wheels or the
internal jacking system, are attached to the
site only by quick disconnect type utilities
commonly used in campgrounds and trailer
parks and the travel/trailer travel vehicle
has no permanent structural type additions
attached to it.
(c) The travel trailer or travel vehicle and
associated use must be permissible in any.
pre-existing, underlying zoning district.
(2) Travel trailers and travel vehicles exempted in
Section 205.24.07.E.(1) lose this exemption when
development occurs on the parcel exaeedinq $500
dollars for a structural addition to the travel
trailer/travel vehicle or an accessory structure
such as a garage or storage building. The travel
trailer/travel vehicle and all additions and
accessory structures will then be treated as a new
structure and shall be subject to the
elevation/flood proofing requirements and the use
of land restrictions specified in sections
205.24.04 and 205.24.05.
(3) New commercial travel trailer or travel vehicle
parks or campgrounds and new residential type
subdivisions and condominium associations and the
e�cpansion of any existing similar use exceeding
five (5) units or dwelling sites shall be subject
to the following:
(a) Any new or replacement travel trailer or
travel vehicle will be allowed in the
Floodway or Flood Fringe Districts provided
said trailer or vehicle and its contents are
14
3.15
placed on fill above the Regulatory Flood
Protection Elevation and proper elevated road
access to the site exists in accordance with
Section 205.24.05.C. No fill placed in the
floodway to meet the requirements of this
Section shall increase flood stages of the
100-year or regional flood.
(b) All new or replacement travel trailers or
travel vehicles not meeting the criteria of
(a) above may, as an alternative, be allowed
as a Special Use if in accordance with the
following provisions and the provisions of
Section 205.24.10.(2).D. The applicant must
submit an emergency plan for safe evacuation
of all vehicles and people during the 100
year flood. Said plan shall be prepared by a
registered engineer or other qualified
individual and shall demonstrate that
adequate time and personnel exist to carry
out the evacuation. All attendant sewage and
water facilities for new or replacement
travel trailers or other recreational
vehicles must be protected or constructed so
as to not be impaired or contaminated during
times of flooding in accordance with Section
205.24.09.C.
9. SUBDIVISIONS
A. No land shall be subdivided which is unsuitable for the
reason of flooding, inadequate drainage, water supply
or sewage treatment facilities. All lots within the
flood plain districts shall contain a building site at
or above the Regulatory Flood Protection Elevation.
All subdivisions shall have water and sewage treatment
facilities that comply with the provisions of this
Ordinance and have road access both to the subdivision
and to the individual building sites no lower than two
feet below the Regulatory flood Protection Elevation.
For all subdivisions in the flood plain, the Floodway
and Flood Fringe boundaries, the Regulatory Flood
Protection Elevation and the required elevation of all
access roads shall be clearly labelled on all required
subdivision drawings and platting documents.
B. In the General Flood Plain District, applicants shall
provide the information required in Section 205.24.06.B
to determine the 100-year flood elevation, the floodway
and Flood Fringe District Boundaries and the Regulatory
Flood Protection Elevation for the subdivision site.
15
3.16
C. Removal of special Flood Hazard Area Designation:
The Federal Emergency Management Agency (FEMA) has
established criteria for removing the special flood
hazard area designation for certain structures properly
elevated on fill above the 100-year flood elevation.
FEMA's requirements incorporate specific fill
compaction and side slop protection standards for
multi-structure or multi-lot developments. These
standards should be investigated prior to the .
initiation of site preparation if a change of special
flood hazard area designation will be requested.
10. PUBLIC UTILITIES, ROADS AND BRIDGES
A. PubZic Utilities. All public utilities and
facilities such as gas, electrical, sewer, and water
supply systems to be located in the flood plain shall
be flood-proofed in accordance with the State Building
Code or elevated to above the Regulatory fZood
Protection Elevation.
B. Public Transportation Facilities. Railroad tracks,
roads, and bridges to be located within the f2ood plain
shall comply with Sections 205.24.04 and 205.24.05 of
this Ordinance. Elevation to the Regulatory Flood
Protection Elevation shall be provided where failure or
interruption of these transportation facilities would.
result in danger to the public health or safety or
where such facilities are essential to the orderly
functioning of the area. Minor or auxiliary roads or
railroads may be constructed at a lower elevation where
failure or interruption of transportation services
would not endanger the public health or safety.
C. On-site Sewage Treatment and Water Supply Systems:
'Where public utilities are not provided: 1) On-site
water supply systems must be designed to minimize or
eliminate infiltration of flood waters into the
systems; and 2) New or replacement on-site sewage
treatment systems must be designed to minimize or
eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters and
they shall not be subject to impairment or
contamination during times of flooding. Any sewage
treatment system designed in accordance with the
State's current statewide standards for on-site sewage
treatment systems shall be determined to be in
compliance with the Section.
11. INTERPRETATION AND ADMINISTRATTON
�
3.17
A. Interpretation
(1) In their interpretation and application, the
provisions of this Ordinance shall be held to be
the minimum requirements and shall be liberally
construed in favor of the City and shall not be
deemed a limitation or repeal of any other powers
granted by State Statutes.
(2) The boundaries of the zoning districts shall be
determined by scaling distances on the Official
Zoning Map. Where interpretation is needed as to
the exact location of the boundaries of the
district as shown on the Official Zoning Map, as
for example where there appears to be a conflict
between a mapped boundary and actual field
conditions and there is a formal appeal of the
decision of the Zoning Administrator, the Board of
Adjustment shall make the necessary
interpretation. Al1 decisions will be based on
elevations on the regional (100-year) flood
profile and other available technical data.
Persons contesting the location of the district
boundaries shall be given a reasonable opportunity
to present their case to the Board and to submit
technical evidence.
(3) It is not intended by this Ordinance to repeal,
abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where
this Ordinance imposes greater restrictions, the
provisions of this Ordinance shall prevail. All
other ordinances inconsistent with this Ordinance
are hereby repealed to the extent of the
inconsistency only.
(4) This Ordinance does not imply that areas outside
the flood plain districts or land uses permitted
within such districts will be free from ilooding
or flood damages. This Ordinance shall not create
liability on the part of any officer or employee
thereof for the City for any flood damages that
result from reliance on this Ordinance or any
administrative decision lawfully made thereunder.
(5) If any section, clause, provision, or portion of
this Ordinance is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the
remainder of this Ordinance shall not be affected
thereby.
17
3.18
B. Administration
(1) The Zoning Administrator or other official
designated by the City shall administer and
enforce this Ordinance. If the Zoning
Administrator finds a violation of the provisions
of this Ordinance, the Zoning Administrator shall
notify the person responsible for such violation
in accordance with the procedures stated in
Section 205.24.12.
(2) Permits Required:
(a) A Permit issued by the Zoning Administrator
in conformity with the provisions of this
Ordinance shall be secured prior to the
erection, addition, or alternation of any
building, structure, or portion thereof;
prior to the use of change of use of a
building, structure, or land; prior to the
change or extension of a nonaonforming use;
and prior to the placement of fill,
excavation of materials, or the storage of
materials or equipment within the flood
plain.
(b) Application for a Permit shall be made in
duplicate to the Zoning Administrator on
forms furnished by the Zoning Administrator
and shall include the following where
applicable: plans in duplicate drawn to
scale, showing the nature, location,
dimensions and elevations of the lot;
existing or proposed structures, fill, or
storage of materials; and the location-of the
foregoing in relation to the stream channel.
(cj Prior to granting a Permit or processing
application for a Special Use Permit or
Variance, the Zoning Administrator shall
determine that the applicant has obtained
necessary State and Federal Permits.
(d) It shall be
permit the
or premises
created, in
Certificate
been issued
stating tha
conforms to
an
all
unlawfu2 to use, occupy, or
use or occupancy of any building
or part thereof hereafter
its use of structure until a
of Zoning Compliance shall have
by the Zoning Administrator
t the use of the building or land
the requirements of this
18
3.19
ordinance.
(e) Permits, Special Use Permits, or Certificates
of Zoning Compliance issued on the basis of
approved plans and applications authorize
only the use, arrangement, and construction
set forth in such approved plans and
applications, and no other use, arrangement,
or construction. Any use, arrangement, or
construction at variance with that
authorized shall be deemed a violation of
this Ordinance, and punishable as provided by
Section 205.24.12.
(f) The applicant shall be required to submit
certification by a registered professional
engineer, registered architect, or registered
land surveyor that the finished fill and
building elevations were accomplished in
compliance with the provisions of this
ordinance. Flood-proofing measures shall be
certified by a registered professional
engineer or registered architect.
(g) The Zoning Administrator shall maintain a
record of the elevation of the lowest floor
(including basement) of all new structures
and alterations or additions to existing
structures in the flood plain. The Zoning
Administrator shall also maintain a record of
the elevation to which structures or
alterations and additions to structures are
flood-proofed.
C. Variances
(lj The Appeals Commission shall adopt rules for the
conduct of business and may exercise all of the
powers conferred on such Boards by State law.
(2) The Commission shall hear and decide appeals where
it is alleged there is error in any order,
requirement, decision, or determination �ade by an
administrative official in the enforcement or
administration of this Ordinance.
(3) The Commission may authorize upon appeal in
specifia cases such relief or variance from the
terms of this Ordinance as will not be contrary to
the public interest and only for those
circumstances such as hardship, practical
19
3.20
difficulties or circumstances unique to the
property under consideration, as provided for in
the respective enabling legislation for planning
and zoning for cities or counties as appropriate.
In the granting of such variance, the Commission
shall clearly identify in writing the specific
conditions that existed consistent with the
criteria specified in the respective enabling
legislation which justified the granting of the
variance. No Variance shall have the effect of
allowing in any district uses prohibited in that
district, permit a lower degree of flood
protection than the Regulatory flood Protection
Elevation for the particular area, or permit
standards lower than those required by State Law.
(4) Upon filing with the Appeals Commission of an
appeal from a decision of the Zoning
Administrator, the Commission shall comply with
Section 205.05.05 in processing all such requests.
The Commission shall submit by mail to the
Commissioner of Natural Resources a copy of the
application for proposed Variances sufficiently in
advance so that the commissioner will receive at
least ten days notice of the hearing.
(5) In passing upon an appeal, the Board may, so long
as such action is in conformity with the
provisions of this Ordinance, reverse or affirm,
wholly or in part, or modify the order,
requirement, decision or determination of the
Zoning Administrator or other public official. It
shall make its decision in writing setting forth
the finds of fact and the reasons for its
decisions. In granting a Variance, the Board may
prescribe appropriate conditions and safeguards
such as those specified in Section 205.24.10,
which are in conformity with the purposes of this
Ordinance. Violations of such conditions and
safeguards, when made a part of the terms under
which the Variance is granted, shall be deemed a
violation of this Ordinance punishable under
Section 205.24012. A copy af all decisions
granting Variances shall be forwarded by mail to
the Commissioner of Natural Resources within ten
(10) days of such action.
(6) Appeals from any decision of the Board may be
made, and as specified in the City's Official
Controls and aZso Minnesota Statutes.
20
3.21
(7) The Zoning Administrator shall notify the
applicant for a variance that:
a) The issuance of a variance to construct a
structure below the base flood level will
result in increased premium rates for flood
insurance up to amounts as high as $25 for
$100 of insurance coverage and
b) Such construction below the 100-year or
regional flood level increases risks to life
and property. Such notification shall be
maintained with a record of all variance
actions. The City shall maintain a record of
all variance actions, including justification
for their issuance, and report of such
variances issued in its annual or biennial
report submitted to the Administrator of the
National Flood Insurance Program.
D. Special Use Permits
(1) The Planning Commission shall hear and decide
applications for Special Uses permissible under
this Ordinance. Applications shall be submitted
to the Zoning Administrator who shall forward the
application to the City Council for consideration.
(2) Upon filing with the Planning Commission an
application for a Special Use Permit, the Zoning
� Administrator shall submit by mail to the
Commissioner of Natural Resources a copy of the
application for proposed Special Use sufficiently
in advance so that the Commissioner will receive
at least ten days notice of the hearing.
(3) The Planning Commission shall comply with Section
205.04 regarding special use permits. In granting
a Special Use Permit, the Planning Commission
shall prescribe appropriate conditions and
safeguards, in addition to those specified in
Section 10.46, which are in conformity with the
purposes of this Ordinance. Violations of such
conditions and safeguards, when made a part of the
terms under which the Special Use Permit is
granted, shall be deemed a violation of this
Ordinance punishable under Section 205.24.12. A
copy of all decisions granting Special Use Permits
shall be forwarded by mail to the Commissioner of
Natural Resources within ten (10) days of such
action.
21
3.22
(4) Procedures to be followed by the Planning
Commission:
(a) Require the applicant to furnish such of the
following information and additional
information as deemed necessary by the
Planning commission for determining the
suitability of particular site for the
proposed use:
1) Plans in triplicate drawn to scale
showing the nature, location,
dimensions, and elevation of the lot,
existing or proposed structures, fill,
storage of materials, flood-proofing
measures, and the relationship of the
above to the location of the stream
channel.
2) Specifications for building construction
and materials, flood-proofing, filling,
dredging, grading, channel improvement,
storage of materials, water supply and
sanitary facilities.
(b) Transmit one copy of the information
described in subsection (2) to a designated
engineer or other expert person or agency for
technical assistance, where necessary, in
evaluating the proposed project in relation
to flood heights and velocities, the
seriousness of flood damage to the use, the
adequacy of the plans for protection, and
other technical matters.
(c) Based upon the technical evaluation of the
designated engineer or expert, the Planning
Commission shall determine the specific flood
hazard at the site and evaluate the
suitability of the proposed use in relation
to the flood hazard.
(5) In passing upon Specia]. Use applications, the
Commission shall consider all relevant factors
specified in other sections of this Ordinance,
and:
(aj The danger to life and property due to
increased flood heights or velocities caused
by encroachments.
22
3.23
(b) The danger that materials may be swept unto
other lands or downstream to the injury of
others or they may block bridges, culverts or
other hydraulic structures.
(c) The proposed water supply and sanitation
systems and the ability of these systems to
prevent disease, contamination, and
unsanitary conditions.
(d) The susceptibility of the proposed facility
and its contents to flood damage and the
effect of such damage on the individual
owner.
(ej The important of the services provided by the
proposed facility to the City.
(f) The requirements of the facility for a
waterfront location.
(g) The availability of alternative locations not
subject to flooding for the proposed use.
(h) The compatibility of the proposed use with
existing development and development
anticipated in the foreseeable future.
(i) The relationship of the propo�ed use to the
comprehensive plan and flood plain management
program for the area.
(j) The safety of access to the property in times
of flood for ordinary and emergency vehicles.
(k) The expected heights, velocity, duration,
rate of rise, and sediment transport of the
flood waters expected at the site.
(1) Such other factor which are relevant to the
purposes of this Ordinance.
(6) Upon the consideration of the factors listed above
and the purpose of this Ordinance, the Planning
Commission shall attach such conditions to the
granting of Special Use Permits as it deems
necessary to fulfill the purposes of this
Ordinance. Such conditions may include, but are
not limited to, the following:
(a) Modification of waste treatment and water
23
3.24
supply facilities.
(b) Limitations on period of use, occupancy, and
operation.
(c) Imposition of operational controls, sureties,
and deed restrictions.
(d) Requirements for construction of channel
modifications, compensatory storage, dikes,
levees, and other protective measures.
(e) Flood-proofing measures, in accordance with
the State Buildinq Code and this Ordinance.
The applicant shall submit a plan or document
certified by a registered professional
engineer or architect that the flood-proofing
measures are consistent with the Regulatory
Flood Protection Elevation and associated
flood factors for the particular area.
12. NONCONFORMING USES
A. A structure or the use of a structure or premises which
was lawful before the passage of amendment of this
Ordinance but which is not in conformity with the
provisions of this Ordinance may be continued subject
to the following conditions:
(1) No such use shall be expanded, changed, enlarged,
or altered in a way which increases its
nonconformity.
(2) Any alteration or addition to a nonconforming
structure or nonconforming use which would result
in increasing the flood damage potential of that
structure or use shall be protected to the
Regulatory Flood Protection Elevation in
accordance with any of the elevation on fill or
flood proofing techniques (i.e., FP-1 thru FP-4
flood proofing classifications) allowable in the
State Building Code, except as further restricted
in Section 205.24.11.A.(3).
(3) The cost of any structural alterations or
additions to any nonconforming structure over the
life of the structure shall not exceed 50 percent
of the market value of the structure unless the
conditions of this Section are satisfied. The
cost of all structural alterations and additions
constructed since the adoption of the City's
24
3.25
initial flood plain controls must be calculated
into today's current cost which will include all
costs such as construction materials and a
reasonable cost placed on all manpower or labor.
If the current cost of all previous and proposed
alterations and additions exceeds 50 percent of
the current market value of the structure, then
the structure must meet the standards of Section
205.24.04 or 205.24.05 for new structures
depending upon whether the structure is in the
Floodway or Flood Fringe, respectively.
(4) If any of the nonconforming use is discontinued
for 12 consecutive months, any future use of the
building premises shall conform to this Ordinance.
The assessor shall notify the Zoning Administrator
in writing of instances of nonconfornaing uses
which have been discontinued for a period of 12
months.
(5) If any nonconforming use or structure is destroyed
by any means, including floods, to an extent of 50
percent or more of its market value at the time of
destruction, it shall not be reconstructed except
in conformity with the provisions of this
Ordinance. The applicable provisions for
establishing new uses or new structures in
Sections 205.24.04, 205.24.05 or 205.24.06 will
apply depending upon whether the use or structure
is in the Floodway, Flood Fringe or General Flood .
Plain District, respectively.
13. PENALTIES FOR VIOLATION
A. Violation of the provisions of this Ordinance or
failure to comply with any of its requirements
(including violations of conditions and safeguards
established in connection with grants of Variances or
Special Uses) shall constitute a misdemeanor and shall
be punishable as defined by Law.
B. Nothing herein contained shall prevent the City from
taking such lawful action as is necessary to prevent or
remedy any violation. Such actions may include but are
not limited to:
(1) In responding to a suspected ordinance violation,
the Zoning Administrator and Local Government may
utilize the full array of enforcement actions
available to it including but not limited to
prosecution and fines, injunctions, after-the-fact
25
3.26
permits, orders for corrective measures or a
request to the National Flood Insurance Program
for a denial of flood insurance availability to
the guilty party. The City must act in good faith
to enforce these official controls and to correct
ordinance violations to the extent possible so as
not to jeopardize its availability in the National
Flood Insurance Program.
(2) When an ordinance violation is either discovered
by or brought to the attention of the Zoning
Administrator, the Zoning Administrator shall
immediately investigate the situation and document
the nature and extent of the violation of the
official control. As soon as it is reasonably
possible, this information will be submitted to
the appropriate Department of Natural Resources'
and Federal Emergency Management Agency Regional
Office along with the City's plan of action to
correct the violation to the degree possible.
(3) The Zoning Administrator shall notify the
suspected party of the requirements of this
Ordinance and all other Official Controls and the
nature and extent of the suspected violation of
these controls. If the structure and/or use is
under construction or development, the Zoning
Administrator may order the construction or
development immediately halted until a proper
permit or approval is granted by the City. If the
construction or development is already completed,
then the Zoning Administrator may either (1) issue
an order identifying the corrective actions that
must be made within a sp�cified time period to
bring the use or structure into compliance with
the official controls, or (2) notify the
responsible party to apply for an after-the-fact
permit/development approval within a specified
period of time not to exceed 30 days.
(4) Tf the responsible party does not appropriately
respond to the Zoning Administrator within the
specified period of time, each additional day that
lapses shall constitute an additional violation of
this Ordinance and shall be prosecuted
accordingly. The Zoning Administrator shall also
upon the lapse of the specified response period
notify the landowner to restore the land to the
condition which existed prior to the violation of
this Ordinance.
26
3.27
15. AMENDMENTS
A. The flood plain designation on the Official Zoning Map
shall not be removed from flood plain areas unless it
can be shown that the designation is in error or that
the area has been filled to or above the elevation of
the regional flood and is contiguous to lands outside
the flood plain. Special exceptions to this rule may
be permitted by the Commission of Natural Resources if
he determines that, through other measures, lands are
adequately protected for the intended use.
B. All amendments to this Ordinance, including amendments
to the Official Zoning Map, must be submitted to and
approved by the Commissioner of Natural Resources prior
to adoption. Changes in the Official Zoning Map must
meet the Federal Emergency Management Agency's (FEMA)
Technical Conditions and Criteria and must receive
prior FEMA approval before adoption. The Commissioner
of Natural Resources must be given 10 days written
notice of all hearings to consider an amendment to this
Ordinance and said notice shall include a draft of the
ordinance amendment or technical study under
consideration.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1995.
ATTE5T:
WILLIAM A. CHAMPA, CITY CLERK
WILLIAM J. NEE - MAYOR
Public Hearinq: August 14, 1995
First Reading:
Second Reading:
Publication:
27
3.28
CITY OF FRIDLEY
PLANNING COMMISSION MEETING� AIIGIIST 16� 1995
CALL TO ORDER:
Vice-Chairperson Kondrick called the August 16, 1995, Planning
Commission meeting to order at 7:33 p.m.
ROLL CALL:
Members Present: Dave Kondrick, Diane Savage, LeRoy Oquist,
Brad Sielaff
Mem}aers Absent: Dave Newman, Connie Modig, Dean Saba
Others Present: Michele McPherson, Planning Assistant
Karl & Margaret Schurr, 7818 Alden Way NE
Dennis Cornelius, AMCON, 200 West Highway 13,
Burnsville, MN
APPROVAL OF JULY 19 1995 PLANNING COMMISSION MINUTES:
MOTION by Mr. Sielaff, seconded by Mr. Oquist, to approve the
July 19, 1995, Planning Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRIC$
DECLARED THE MOTION CARRIED IINANIMOIISLY.
1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP
#95-08, BY ROBERT AND KAREN FOURNIER:
Per Section 205.24.04 of the Fridley City Code, to allow the
construction of a residential addition in the flood fringe
district on Lots 30, 31 and 32, Block T, Riverview Heights,
generally located at 8095 Riverview Terrace N.E.
MOTION by Ms. Savage, seconded by Mr. Sielaff, to table
consideration of Special Use Permit, SP #95-08, by Robert and
Karen Fournier, for a future meeting.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED UNANIMOUSLY.
2. PUBLIC HEARING: CONSIDERATION OF A REZONING RE4UEST. Z01�
#95-05, BY KARL AND MARGARET SCHURR FOR MINCO PRODUCTS:
To rezone property from C-2, General Business, to M-1, Light
Industrial, on Lots 16, 17 and 18, Block 2, Commerce Park,
generally located at 7321 Commerce Lane N.E.
CONSIDERATION OF A VACATION REQUEST, SAV #95-03, BY RARL AND
MARGARET SCHURR FOR MINCO PRODUCTS:
To vacate a 30-foot drainage and utility easement which is
15 feet on each side of common Lot lines 16 and 21, 17 and
4.01
PLANNING COMMI5SION MEETING. AUGUST 16, 1995 PAGE 2
20, plus the southwest property line of Lot 17, the northwest
property line of Lot 18, the north property line of Lots 18 and
19, and the south property line of Lot 20, all in Block 2,
Commerce Park, generally located at 7321 Commerce Lane N.E.
MOTION by Mr. Oquist, seconded by Ms. Savage, to waive the
reading of the public hearing notice and to open the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:35
P.M.
Ms. McPherson stated Minco has applied for a rezoning and a
vacation request. They are doing some short range facility
planning for their Minco Plant 2. Minco has three plants. Plant
1 is located at 7300 Commerce Lane. This plant was constructed
in 1968 and has had subsequent additions. In 1972, Minco
purchased the building to the east at 7321 Commerce Lane. That
building was constructed by a different manufacturing co�pany.
When it became vacant, Minco purchased the building. Staff has
been working with Minco over the last six months to plan Minco
Plant 3, which will be an 80,000 square foot manufacturing
facility. This is zoned M-2, Heavy Industrial, so they just need
to apply for a building permit for this part of the project.
Ms. McPherson stated Minco is requesting to rezone three parcels
from C-2, General Business, to M-1, Light Industrial. Located at
the intersection of 73rd and University is the abandoned Hanna
Magic Carwash. There is office use to the north of the subject
parcel and office use at the intersection. There is also multi-
tenant industrial use in the area.
Ms. McPherson stated, in terms of the vacation request, on Lots
16, 17, 18, 19, 20 and 21 of this block, there is a utility
easement which bisects the two sets of lots. Minco is requesting
that this be vacated to allow expansion of Plant 2 across the
easement area.
Ms. McPherson showed a preliminary site plan for the proposed
expansion. In reviewing the rezoning request, staft uses three
criteria:
1. The proposed use is compatible with the proposed zoning
district.
Ms. McPherson stated the proposed use of the building is for a
manufacturing and office facility. Manufacturing uses are
permitted in the M-1, Light Industrial, district. The proposed
request meets this criteria.
4.02
PLANNING COMMISSION MEETING, AUGUST 16, 1995 PAGE 3
2. The proposed district is compatible with the surrounding
uses and zoning.
Ms. McPherson stated there is additional M-1 zoning to the south
of this parcel as well as the existing plant. Expanding the
industrial use to the east would be expanding the district along
a common property line. The design of the building should have
more of a commercial design to blend in with the office use to
the north. However, expanding the M-1 zoning would not be
adverse in relation to the adjacent uses. The 1990 land use plan
still designates the subject parcels as commercial. The City
will need to process a Comprehensive Plan amendment prior to the
petitioner receiving a building permit.
3. The proposed use meets the requirements of the proposed
district.
Ms. McPherson stated the plan is a prelzminary concept plan.
However, the petitioner has brought the plan fairly far along as
far as setback requirements and a grading and drainage plan. As
proposed, the plan meets the district requirements for building
setbacks, parking spaces, and lot coverage. Staff does not
anticipate the petitioner will request any variances if the
rezoning is approved. Should they need a variance, they will
need to go through the process.
Ms. McPherson stated the petitioner has done a preliminary
grading and drainage plan indicating a detention facility on Lot
21. The City's Assistant Public Works Director reviewed the plan
and compiled a list of comments. The stipulation in terms of
drainage is that the petitioner comply with the comments listed
in the memo from John Wilczek dated August 10. The petitioner
has not yet submitted a landscape plan. They are required to
comply with the landscape requirements listed in the M-1, Light
Industrial, district.
Ms. McPherson stated, in terms of the rezoning request, the
request does meet the three criteria used to evaluate all the
rezoning requests. Staff recommends that the Planning Commission
recommend approval of the request with the following
stipulations:
1. A minor amendment to the City's Comprehensive Plan shall be
approved prior to the issuance of a building permit.
2. The petitioner shall comply with the comments in Jon
Wilczek's memo dated August 10, 1995, prior to the issuance
of a building permit.
4.03
PLANNING COMMISSION MEETING, AUGUST 16, 1995 PAGE 4
3. The petitioner shall submit a landscape plan complying with
the requirements of the M-1, Light Industrial, district
prior to the issuance of a building permit.
Ms. McPherson stated, regarding the vacation request, there is an
8-inch sanitary sewer within the easement area which services the
two car washes located in the northwest corner of the
intersection. The petitioner has indicated they. will relocate
that sanitary sewer line. The petitioner is to maintain that
sanitary sewer service to the other two businesses and a new 30-
foot utility easement be dedicated over.that utility service.
Staff recommends approval of the vacativn request to the City
Council with the following stipulations:
1. The petitioner shall maintain sanita�y sewer service to the
businesses located at the corner of 73rd and University
Avenues.
2. The petitioner shall dedicate a 30-foot utility easement
over the relocated sewer line.
Mr. Kondrick asked where the sanitary sewer is proposed to be
located.
Ms. McPherson stated the petitioner has two options and the
Assistant Public Works Director is reviewing the option as
presented by the petitioner. They can relocate the sanitary
sewer line along the easterly property line; following along the
road. There is also an opportunity to connect these businesses
across 73rd to another sanitary sewer main that is located in the
service road south of 73rd.
Mr. Sielaff asked the size of the commercial area that is being
rezoned.
Ms. McPherson stated the entire site is 5.2 acres and about half
is to be rezoned.
Mr. Sielaff asked if the Home Depot site was zoned Light
Industrial.
Ms. McPherson stated a portion was industrial and a portion was
general business. That site is 14 acres.
Mr. Schurr stated they have been in Fridley since 1968. At that
time they had 80 employees. They we�e in an old warehouse
building on Washington Avenue North and needed more space so they
hired a contractor to build the first building in 1968. At that
time, their total sales were about $1 million. In 1973, they
increased to 178 employees, in 1978 - 244 employees, in 1983 -
392, in 1988 -455, in 1993 - 603, and now in 1995 - 685
, � �1
PLANNING COMMISSION MEETING AUGUST 16 1995 PAGE 5
employees. Their sales have grown from $1 million to over $40
million this year. Hopefully, they can keep that trend going.
Mr. Schurr stated they were fortunate to expand in the first
Plant 1 location from the original 27,000 square feet to three
times that plus another 30,000-40,000 square feet on the second
level. They have slowly but definitely grown over the years and
he thought that trend could be continued. Since 1972 when he
bought Plant 2 across the street, some of the other lots became
available and they purchased them over the years with the idea
that they may need them. They did the same with the lot to the
south where they will locate Plant 3. Plant 3 will be dedicated
to one of their major product lines which is heaters and heater
sensors. They make thin, flexible heaters which have found a
good use in the space program. They have successfully
transmissioned from the military aerospace business into the
commercial industrial where they are finding a good market.
Mr. Schurr stated the main plant would be dedicated to their
flexible interconnect circuits which have a market in the medical
field. That business also continues to grow. They will leave
this business in the present facility at 7300 Commerce Lane. The
last building for which they are asking the rezoning would be
dedicated to the temperature sensors and instruments part of
their business. They have been slowly growing. He did not know
what they would do when they run out of land in 5 to 10 years.
Mr. Sielaff asked if Minco was a large water user for their
processing and from where they get the water.
Mr. Schurr stated yes, they are a large user and they get their
water from the City.
Mr. Sielaff asked if they anticipated using more water with the
expansion.
Mr. Schurr stated no. They hope to reduce the amount over a
period of time. They will be using a recirculating process. New
technology is available that will help them do that. Along with
that, they have talked with the Metropolitan Council Waste Water
Services and are putting in a water purification system which
will contribute to the circulating process and reduce the amount
of water that will be discharged into the sewer. He thought they
would be able to hold stable the amount of water used as they
grow.
Mr. Kondrick asked the petitioner if they had any problems with
the stipulations.
Mr. Schurr stated he had no problems.
4.05
PLANNING COMMISSION MEETING, AUGUST 16, 1995 PAG$ 6
Mr. Kondrick stated staff discussed a landscape plan. He knows
your business is well maintained. He assumed the petitioner
would be submitting such a plan.
Mr. Schurr stated they would do that. They did get into a
discussion with staff. They wanted to put a parking area in
front of the plant adjacent to the street. Then they learned
they had to put in berms so they moved the parking lot. They
will have four parking stalls in front of Plant 3 which will be
shielded by shrubs. They did want the others for the public.
They wanted the rezoning approved because they can expand north
on the present property that is zoned Light Industrial. But, if
they can end up with a good looking building that faces the
University service drive that is visible, it will be good for the
public and add to the aesthetics. They have a preliminary
landscape plan which he showed to the Commission and reviewed.
MOTION by Mr. Sielaff, seconded by Mr. Oquist, to close the
public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:00
P.M.
Mr. Sielaff stated he did not see any problems. It is nice to
get some more Light Industrial land back. He would strongly
encourage the petitioner to look into water recirculating to
reduce use.
MOTION by Mr. Sielaff, seconded by Ms. Savage, to recommend
approval of a Rezoning Request, ZOA #95-04, by Karl and Margaret
Schurr for Minco Products, to rezone property from C-2, General
Business, to M-1, Light Industrial, on Lots 16, 17 and 18, Block
2, Commerce Park, generally located at 7321 Commerce Lane N.E.,
with the following stipulations:
l.
�
A minor amendment to the City's Comprehensive Plan shall be
approved prior to the issuance of a building permit.
The petitioner shall comply with the comments in Jon
Wilczek's memo dated August 10, 1995, prior to the issuance
of a building permit.
3. The petitioner shall submit a landscape plan complying with
the requirements of the M-1, Light Industrial, district
prior to the issuance of a building permit, and
To recommend approval of a Vacation Request, SAV #95-03, by
and Margaret Schurr for Minco Products, to vacate a 30-foot
drainage and utility easement which is 15 feet on each side
common Lot lines 16 and 21, 17 and 20, plus the southwest
4.06
Karl
of
PLANNING COMMISSION MEETING, AUGIIST 16, 1995 PAGE 7
property line of Lot 17, the northwest pr.operty line of Lot 18,
the north property line of Lots 18 and 19, and the south property
line of Lot 20, all in Block 2, Commerce Park, generally located
at 7321 Commerce Lane N.E., with the following stipulations:
1. The petitioner shall maintain sanitary sewer service to the
businesses located at the corner of 73rd and University
Avenues.
2. The petitioner shall dedicate a 30-foot utility easement
over the relocated sewer line.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE M�TION CARRIED IINANIMOUSLY.
Ms. McPherson stated the request would be before the City Council
on August 28 at which time the City Council will establish a
public hearing for September 11.
3. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
MEETING OF JULY 17, 1995
MOTION by Mr. Oquist, seconded by Ms. Savage, to receive the
minutes of the Housing and Redevelopment Authority meeting of
July l7, 1995.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICK
DECLARED THE MOTION CARRIED UNANIMOOSLY.
4. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF
JULY 18, 1995
MOTION by Ms. Savage, seconded by Mr. Sielaff, to receive the
minutes of the Appeals Commission meeting of July 18, 1995.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED UNANIMOIISLY.
ADJOURNMENT
MOTION by Mr. Oquist, seconded by Mr. Sielaff, to adjourn the
meeting.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED T$E MOTION CARRIED AND THE AIIGDST 16� 1995� PLANNING
COMMISSION MEETING ADJOURNED AT 8:05 P.M.
Respectfully submitted,
�
Lavonn Cooper
Recording Secretary
4.07
� �
�
.
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: August 24, 1995 �j/
�te
TO: William Burns, City Manager �
FROM:
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Establish Public Hearing for Rezoning Request, ZOA
#95-05, by Karl Schurr for Minco Products; 7321
Commerce Lane N.E.
The Planning Commission conducted a public hearing regarding a
rezoning request to rezone Lots 16, 27, and 18, BZock 2, Commerce
Park Addition from C-2, General Business to M-1, Light Industrial
at its August 16, 1995 meeting. The Commission voted unanimously
to recomruend approval of the request to the City Council.
The City Code requires the
for all rezoning requests.
Council establish September
hearing.
MM/dw
M-95-460
City Council to hold a public hearing
Staff recommends that the City
11, 1995 as the date of the public
5.01
ZOA ��95-OS and SAV ��95-03
Karl Schurr
.
�_
�`
5.02
r �
�
i
Community Development Department
PI.ANNING DIVISION
City of Fridley
DATE: August 24, 1995 n,
T O: Wi l liam Burns, Ci ty Manager �ly
��
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Establish a Public Hearing for a Vacatiqn Request,
SAV #95-03, by Karl Schurr for Minco Products;
7321 Commerce Lane N.E.
The Planning Commission conducted an informal hearing regarding a
vacation request by Minco Products to vacate a 30 foot drainage
and utility easement located over Lots 16, 17, 18, 19, 20, and
21, Block 2, Commerce Park. The Commission voted unanimously to
recommend approval of the request to the City Council.
The Gity Charter requires the City Council to conduct a public
hearing for a11 vacation requests. Staff recommends that the-
City Council establish September 11, 1995 as the date of the
public hearing.
NII�i/dw
M-95-461
6.01
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DATE:
TO:
FROM:
Community Development Department
PLA►�v1VING DIVISION
City of Fridley
August 24, 1995 �
William Burns, City Manager �'�
Barbara Dacy, ComYnunity Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Extension of Special Use Permit Requests by Gordon
Hedlund; SP �94-03, SP #94-04, and SP #94-05, for
Lots Located in Riverview Heights
We have received the attached letter from Mitch Moe, nephew of
the late Gordon Hedlund, requesting a six month extension to t12e
above-referenced special use permits. In speaking with the
builder, Janice Khan, she indicated that she would like a one
year extension to begin eonstruction as we are approaching the
winter season. Ms. I�ian will ultimately be the owner of the
three properties.
Mr. Moe's letter indicates that Ms. Khan has applied for a land
alteration permit and that several dumps of fill have occurred on
the property. Filling has occurred only on the lot located on
Cheryl Street. The builder wants to complete a home on Cheryl
Street and use it as a model for the other two sites. Periodic
filling is occurring as fill becomes available. The Engineering
Department, as part of the land alteration permit to allow
f�lling on the lot, has required that the fill be graded
according to the approved plan and maintained �ppropriately. A
$200 bond has also been retained for each lot.
Staff recommends that the City Council grant a one year extension
to Janice Khan for special use permits SP #94-03, SP #94-04, and
SP #94-05, with the stipulations approved by the City Council,
subject to compliance with the requirements of the Engineering
Department's stipulations on the land alteration permit.
The petitioner should note that the land alteration permit will
have to be reviewed by December 1, 1995.
MM/dw
M-95-462
7.01
Barbara Dacy
Comm. Devel. Dir.
City of Fridley
6431 University Av. NE
Fridley, Mn. 55432
Dear Barbara,
August 9, 1995
I am writing you to ask for an extension of special use permits SP #94-03,
#94-04 and #94-05. After reviewing the project with numerous builders,
most were apprehensive with the additional requirements, we have identified
a builder who can see the merits of this plan. Janice Khan of Advance Design
has met with you and has pulled a permit through the engineering depa.rtment
to place fill on the lots. Severa.l dumps have occurred already. Unfortunately
because of the length of time to find a builder and some health problems
Janice experienced this spring the project has fallen behind. With her
commitment and involvement in the project we did not want to `switch
horses'.
We have entered into an agreement with Janice and need a six month exten-
sion to bring this to fiuition. She plans on building one home at a time to
allow use as a`model' to help sell the other lots with homes constructed on
them. This will also a11ow the time she needs to find the required fill.
We are committed to qua.lity in this project and appreciate the city's consider-
ation with this pernut e�ension.
Si ce ly, �
Mitchell K. Moe
2301 7th St. NW
New Brighton, Mn. 55112
612-633-1758
7.02
r;�C'T, t=�1 'r�; ' 11 �: �_��_� I:l-1I`1}-!L IP9F�J�'T%E;�:F�iRT 61�-� �2-�9� �
L
��'�If��T �,
�206 Old Hwy 8 N.E.
�t..1�.�ilum�, �i` 5a'i�1i3
t )f7ic�•: �fi:3-U(i.l'�
To whom it may cancern:
7his letter is to introduce myself and my companY.
P.E�1
My name is Jan�ce Khan and I am the sole awner and the
presiden� of Advanc�d Oesign Tnc., which is a constructian
company. I�m a generai contraCtor for single fam�.ly �ew
homes. I started my company in 1986 and b�came incvrporated
in 1989. I have wr�tten and developed a governsnent grant in
alliance wiih Craig W�ldraa of th� city of aoseville, and
�uc�y �carvn of Ramsey County which is now on the books �n
t�ashington. I started out in the first time hamebuyers
market warfc9ng with 6ili lconsak and M.C.D.A. and presently
specialfze �n custom hames that average a sale price of
$225,�04.00 in variaus different iacat�ons. I am a sma�ll
builder that hui]ds i0 to 15 hOmeS a year. I also consider
myself a high quaiity builder as the people who live �ln my
hames da.
Z am requ�st�ng a ane year extension an the speciai use
permit that vrns orfgina72y granted �o Gordon Hedlund_ I
hdve just recently purchased fihP three lots from his wid4w
and need thP time to deveiap and seli the hames that I pian
to bu�ld on them. 1 believe the sa7e price of these homes
to be betrveen �100,OQQ.Ofl to $120�,000.00_
I am looking forward to buiiding in the ci�y of �ridley and
working with this project. Tf �hPre are any further
questians piease do not hesita�P to ContaCt me.
Yours Tru1y.
�' �~ '!� � /��ili.��
�f ��'��
Janice L. Khan / pres�dent
Advanced Design Inc.
kt►qust ?3, 1995
r )uaSil � f �itrulTa��ill; rti � - - -
� � Community Development Department
C� PLANI�TING DTVISION
City of Fridley
DATE: August 24, 1995 �/
��re
TO: William Burns, City Manager��N
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SU&TECT: Extension of a Variance, VAR #94-18, by Timothy
Strong; 1476 and 1490 - 64th Avenue N.E.�
On August 23, 1994, the Appeals Commission approved a variance
request to reduce the front yard setback from 35 feet to 20 feet
on the rear portions of 1476 and 1490 - 64th Avenue. Approval of
the variance allows construction of two single family homes on
properties created by lot split, L.S. #94-18. Staff received the
attached letter from Timothy Strong requesting a one year
extension on the variance, as construction has not yet begun. In
speaking with Mr. Strong, he indicated that construction would
begin on one of the new homes shor��y after September 7, 1995
when he had obtained his construction financing.
Staff recommends that the City Council approve a one year
extension of variance, VAR #94-18.
NIl�i/dw
M-95-466
8.01
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_
_ _ _
_ C�� OF
FR( DLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450• FAX (612) 571-1287
August 7, 1995 �
- Strong Built Homes
Timothy Strong
10884 Avocet Street N.W. -
Coon Rapids, MN 55433 �
Dear Mr. Strong:
- On August 23, 1994, the Fridley Appeals Commission approved a variance r_equest to reduce the
front yard setback from 35 feet to 20 feet on properties-generaily located at 1476 and 1490 - 64th
Avenue N.E. This Ietter is to inform you that on August 23, 1995 your variance request will
expire. Expiration can be prevented hy requesting in writing an extension or initiating
construction via a building permit application. If you choose to reqnest an extension, please do so
by August 17, 1995. I witl then schedule your extension for consideration by the City Council at
the August 28, 1995 City Council meeting.
If you have any questions or concerns regarding this letter, please contact me at 572-3593.
Sincerely, � -
Michele McPherson -
Planning Assistant
MM: da
C-95-200
cc: Deb �Volfe -
8.03
�
� 27 �c�,�e`-c-
0
c��nroF
F[ZtDLEY
FRIDLEY MUNICIPAL CENTER • fi431 UNIVERSITY AVE. N.E. FR[DLEY, MN 55�132 •�512) 571-3450 • FAX (612) 571-1287
APPEALS COMMISSION
ACTION TAKEN NOTICE
August 26, 1994
Strong Built Homes
Timothy Strang 8' '� �o V►t,�✓ G9�lg'�-�
10884 Avocet Street N.W.
Coon Rapids, MN 55433
Dear Mr. Strong:
On August 23, 1994, the Fridley Appeals Commission officially
approved your request fo� a variance,� �'�+, to reduce the
front.yard setback from 35 feet to 20 feet on the south 150 feet
of Lot l, Block 2, Spring Valley Addition, generally located at
1476 and 1490 - 64th Avenue N.E., to allow the construction of
two single family homes, with the following stipulations:
l. Lot Split request, L.S. #94-].8 shall be approved by the City
Council - .���
2. The petitioner or his successor shall submit a plan of trees
over four inches in caliper to the Planning staff for review
prior to issuance of the building permit. Staff will review
the plans and visit the site to assure all significant trees
have been marked and protected outside of the building
footprint.
You have one year from the date of Appeals Commission 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.
If you have any questions regarding the above action, please call
me at 572-3593.
8.04 -
6
Timothy Strong
August 26, 1994
Page 2
Sincerely,
Michele McPherson, BLA
Planning Assistant
MM/dn
cc: Laura Marx
Shirley Nevala
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by September 9,
1994.
Concur with action taken.
8.05
TO:
FROM:
DATE:
SUBJECT:
Er9ineenn9
Sewer
V,latei
Parks
Slreels
Main;enance
William W. Burns Cit Mana er '"
� Y g ��
John G. Flora,�rublic Works Director
August 28, 1995
Central Avenue Bike Path Agreement
PW95-222
We received an agreement from the Anoka County Highway Department for constructing
the Old Central bike path along the west side of Old Central from 69th Avenue south to
Highway 6S. This agreement identifies the City's responsibility for the construction of the
bike path, retaining walls and calls for the continued operation of the bike path The
agreement also identifies the City's responsibility for any removal or relocation of the bike
path in the future as a result of any highway improvements.
To expedite the construction of the Old Central bike path, recommend the City Council
authorize the Mayor and City Manager to entez into this agreement.
JGF:cz
Attachment
9,01
���
�i1 •.
�,
LICENSE AGREEMENT
Anoka County Contract No. 95��3�
�
THIS AGREEMENT is made this 25thday of � April , 1995, between the
_ County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka,
Minnesota 55303, hereinafter refened to the "Licensor," and the City of Fridley, a municipal corporation
under the laws of the State of Minnesota, 6431 University Avenue Northeast, Fridley, Minnesota 55432,
hereinafter referred to as the °Licensee."
In consideration of the mutual promises contained herein, the parties agree as follows:
I. GRANT OF LICENSE; DESCRIPTION OF SERVICES
Licensor hereby grants to Licensee a license to occupy and use a portion of the Licensor's
highway easement for County State Aid Highway No. 35 (Old Central Avenue) as indicated on Exhibit
A, which is attached hereto and incorporated herein by reference.
II. LIMITATION TO DESCRIBED PURPOSE
- The premises may be used by Licensee solely for the purpose of constructing and
maintaining a bikeway.
III. INDEMNTFICATION
Licensee agrees to hold harmless and defend xhe Licensor, its commissioners, officers,
agents and emgloyees from any and all liability and claims therefore concerning (including attorneys'
fees), related to or resulting from the use of said premises, for any and all damages to any party arising
from the use of the premises described in this License Agreement.
N. CONSTRUCTiON, MAINTENANCE, RELOCATION AND REMOVAL OF BIKEWAY -
The Licensee shall cause and be so(ely responsible for the construction of the bikeway.
The bikeway shall be designed -in accordance with the Bikeway Design Manual of the Minnesota
Department of Transportation dated February 8, 1983, or subsequent edition. In addition, the Licensee �-
shall pay for and be solely responsible for the cost for construction of any and all retaining walls that may �
be necessary to allow the construction of the bikeway. The Licensee shall incur all costs for the
construction and maintenance of the bikeway. In addition, the Licensee shall incur all costs for the
removal and/or relocation of the bikeway as required by the Licensor.
9.02
IN WITNESS V�iHEREOF, the parties hereto have hereby executed this Agreement.
COUNTY OF ANOKA . CITY OF FRIDLEY
. �
��
By: � By:
Dan Erhart, Chairman William J. Nee =
County Board of Commissioners Its: Mayor
Dateti: Dated:
ATTEST -
By:
John "Jay" McLinden
County Administrator
Dated:
APPROVED AS TO FORM
By:
Dan Klint -
Assistant County Attorney
Daterl:
ak��a�ivysr�a�y.ex
-2-
By:
z iam . urns
I�s: City Manager
Dated:
�
9.03 .
i
.. -. . �
STATE OF MINNESOTA )
)ss.
COUNTY OF ANOKA ) � _
This instrument was aGknowledged before me this day of , 1995, by Dan
Erhart and John "Jay" McLinden, the Chairman of the County Board of Commissioners and the County
Administrator of the County of Anoka, dn behalf of the County of Anoka. �
_ Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF ANOKA )
This instrument was acknowledged before me this day of , 1995, .by
and ,
the and of the City of Fiidley, on
behalf of the City of Fridley.
ak��«�U.�c�t�vsr��y.ba�
-3-
9.04
Notary Public
TO: WILLIAM W. BURNS, CITY MANAG ��JG��
FROM: CHUCK MCKUSICK, FIRE CHIE
SUBJECT: EQUIPMENT LOAN AGREEMENT WITH STATE OF
MINNESOTA
DATE: AUGUST 16, 1995
Attached is a draft agreement prepared by the State of Minnesota Department of Public Safety,
State Fire Marshall Division, pursuant to which the City of Fridley will receive hazardous material
emergency response equipment from the State at no charge. The equipment must be maintained
by the City and would be used by our response team at hazardous materials emergencies in the
City and in the communities to which we will respond as a Chemical Assessment Team.
This arrangement is pursuant to our proposal to the State to become a State Chemical Assessment
Team. Our proposal was authorized by Council on January 23, 1995. We were one of the
selected teams. At a later date, the State will request Council resolution to approve a contract
formalizing our Chemical Assessment Team proposal. In the interim, the State would tike to see
the equipment deployed to us so that it can be used. Our maintenance expenses will be billed to
the State and reimbursed to us when the Chemical Assessment Team contract is approved; this is
scheduled to occur in September. �
Hopkins, St. Paul and Fridley are the three fire departments in the State which were appointed as
response teams, and are currently capable of functioning in that capacity. Accordingty, these
three are being offered equipment. We will not be responding outside our normal mutual aid
jurisdiction until the Chemical Assessment Team contract is approved. However we can use the
Chemicai Assessment Team equipment in the interim.
A resolution approving the Loan Agreement is attached.
10.01
RESOLUTION # - 1995
RESOLUTION AUTHORIZING AGREEMENT WITH
STATE OF MINNESOTA FOR THE LOAN OF HAZARDOUS
MATERIALS EMERGENCY RESPONSE EQUIPMENT
WI�REAS, the City of Fridley's fire department has been selected by the State of Minnesota
Public Safety Department, State Fire Marshall Division (hereinafter the "State") as a Chemical
Assessment Team pursuant to the Minnesota Hazardous Materials Incident Response Act
{hereinafter the "Act"), and
VV��REAS, the State desires to loan to the City specialized hazardous materials response
equipment in accordance with the terms of a Loan Agreement tendered to the City under
memorandum dated July 28, 1995, pending execution of a contract between the City and State for
the City's appointment as a Chemical Assessment Team under the Act, and
WHEREAS, the City is allowed use of said equipment to mitigate chemical releases within the fire
department's current response jurisdiction,
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager are hereby
authorized to enter into a hazardous materials emergency response equipment loan agreement
with the State of Minnesota, the terms of which are substantially the same as the draft agreement
tendered to the City on July 28, 1995 by the State's Hazardous Materials Regional Response
Team Program Operations Administrator, Department of Public Safety.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
28TH DAY OF AUGUST, 1995.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
Dir. Bums.hazloan
WILLIAM J. NEE - MAYOR
10.02
.
STATE OF MlNNESOTA
�EPARTMENT OF PUBLIC SAFETY
State Fire Marshal Division
Oate:
To:
From:
Phone:
Subject:
July 28, 1995
Team Advisory Committee
Hazardous Materials Regional
Bob Dahm, Operaaons Admu
Hazardous Materials Regional
612-215-OSiO (Voice)
612-215-0525 (Fax)
�
Team Program
Team Program
Agreement for Loan of Team Equipment
MEMORANDUM
The Department of Public Safety and the Office of the Attorney General have
approved the enclosed agreement for the loan of equipment to teams selected to participate in
contract negotiations. The document is mazked "draft" oNy to distinguisii it from a final copy
that would include the appropriate entries for the name of your team, and the Iocal authorities
who would be the signatories on page three.
Entering into �this agreement is your option. While we believe doing so has significant
benefic to your team and the Regional Response Team Program, you are under no obligadon,
Should you decide not take advantage of this opportunity, that decision will not prejudice
contract discussions in any way.
Please review the document and advise me whether or nor you would like to fozmalize
the agreement� A phone call will be sufficien� If you decide to participate, I will prepare a
final copy containing the necessary locai information and send it to you. In addition to the
name of the team (which I obviously already have), I will need to know the zame aad dde of
th� persons who will be signing the agreement on your betialf. Public enaties please also
note cl�at the Attorney General's Office has required a City Council Resoludon authorizing
acceptance of the agreemen� A sample resolution is attached.
Once we receive your signed copies (including the resolutian) and the agreement is
signed and processed by the state, we can disuibute the equipment and sehedule inservice
vaining to orient you to its operatioa.
Although the process has gotten somewhat more complicated than we had planned. I
hope you will sdll find the arrangement acceptable. Please call if you have any questions.
BD:bd
Enclosure
cc: Kevin Leuer, Division of Emergency Management
10.03
MN Department of Public Safety
Haz:�rdou.s Materials Re�ional Response Team Program
AGREEMENT FOR TH.E LOAN OE HAZARDOUS MATERIALS EMERGENCY RESPONSE EQUIPMENT
vVHEREAS the S[ace of Minnesota. D�Qartmenc of Pubiic Safecy (hereinafter nefer�ed to as "DPS" j has purchased
hazaMous materials emer�ency response equipmen[ for use in the departmenc's Hazardous Materials Regional Response
Team Program; and
WHEREAS DPS has identified certain public and non-public enaties with which the depar�ment intends to enter into
a contractuaf relationship for the purpose of providing service as an Fmergency Response Teacrl��qdJor Chemical
: .,.,,.
Assessment Team comgonent of that. pcogcam; and .� ..%�;Y'"
WHERFAS DPS desires to provide the identified public and non-pubGc
for purposes of training in advance of contract implementation, �
NOW THEREFORE. 1T IS HERBBY AGREED BY AND
(hereinafter referred to as "Recipient") as follows:
�• :� • � �
A. DPS shall mal:e available to Recipient the i�ems of e�
agreemen� tidcd "List of Equipmenc Loaned [o Recipient" and wh
�f this agreemen� Recipient shall use and have possession of the
ownership of ihe equipmcn�. .�
B. DPS shall. upcxi requc�st of Recipien� u
ute and mai�tenance of the eyuipment. DPS shall
rela[ed expenses. _�
C. DPS shall maintain al!
D. DPS shall administer
equipment� _� .�
II.
A. ��h'il�#
proper han���, use and
Recipiee�nocmal geogr
servi� mutual aid a�re
B. Reci{�ient
C.
this
already purchased
DPS
s four (4) and five (5) of this
by reference and made a part
� shall retain tide and legal
enl in the proper handling,
cost. other than travel and
the equipmen�
which may result during Recipient's use of the
as necxssary regarding [he proper handling, use and
i�ovided under this agreement for the purposes of training persoanei in its
:ipient may use the equipment for purposes of emer�ency response within
or in those jurisdictions with which the Recipient has a written contract for
and maintain the equipment in proper operating condidon.
f� re-suppiy ail disQosable and consumable components originaliy provided by DPS, and shail
disposabie :u�d consumabie componencs not provided by DPS. at. Recipient's expense.
"�•`•{ �.�5'� x`i'a:< i 'af::`•::....cc,::+. .
���<:�:�:Y�;�c�pient shafl be responsible for the cost of repairing or replacins equipment which, in the opinion of DPS,
..... �o:.;yr;...
has been��amageci due w abuse. mi.�use. or o�her c:iuse ouuide the scope of normal wear and ceac incurred in routine proper
use. DPS shall decermine whecher the equipmenc shall be repaired or repiaced.
E. Recipienc shall be responsibie for the costs of routine maintenance and repair in accordance with the
manufacturers rec�mmendations.
DRAFI'
]uly 28.1995
�:��:MaUS.� 10.04
F. Recipient shall retum the equipment to DPS upon dcmand. Such equipment to be deiivered or shippcd to
DPS, post�lge and handting charees prepaid by Recipicnt.
G. Recipienc shall not permit the equipment co t�e tampered wi�h nr operased by individuals wl�o are not u~ained
in its prc�per handiing :u�d operation.
H. Recipicnc may de.Signate one or more person(s) to be trained by DPS in rhe proper handling, :�se and
maincen:uice of the equipmenc. Recipient shall bear the cost of any travel and related expenses incurred by any person
attending sach training.
I. 'Ii�e pernonts> tra�ned by DPS in the proper use, haixiling and maintenance of the equipment,�}i.a[t provide that
training to Recipient's other personnel. F,� ;t�'��`�.
�,. .
J. Recipient shall mal:e the equipment availabie co personnel
or inspcction purposes. „
K. Recipient shall make the dec�tatninarion shelter systetn
a�eement available to pexsonnel authoriz,ed by DPS - SFM ( Scate Fire
safety agencies and personnel in its proper handiing, use and mainter
provide such aaining ou�eide of Recipient's own empioyees. buc ma;
n� • : �,' u �
This a�reemcnc si�all tal:c effea on the dace of fuial approval by DPS and
:;{ f Mn,-
�_5) years irom the date of exc�cutian, or until terminated by eiUz��x_...�.�'' a
�':<•:: {;:;:,::.
�:} ��:� :::.;.:'' �..
::i«.'`•?"�':«.i~`�.si:v-'`''•�' ;:
k''v �v,e��,�:..:
. . : ryC{ : t , ; . , - . ; y : t ; , ... 2
(V. Termination_ :�_��a��`w ����""w "��'
� `' .:�
,�;5*` .;�'" •:.'�,n�
-�. ,;: ••< �
'ii�is A�cnt may be terminated by either l�or Recip.i�`�t at �
wriaen norice w the other pany. In the evene af :�h termin..�, Recipi�
�:->:�:.:;�
�wsuarn w this a�nent w DPS within ' ys :` .'� e cerminau�
the equipment within this time period, R. '� � a ay DF'S tl�c
V. A.�'*nment.
KAt�
Si:.
�:,•�•.�{,Sh
Recigie�i��lf�;��, eitt
1+:'%;'i,'::;+c, "0.
consent of'�}?��� ��;�w�.�,�
"`'4``.��:::�'.:.::�i•.. �`..a
v,:as::�;>«co-
VI. ' v%i�ta�$. . �«
>.:�{�;c?:w`:,<•
Liab�litv:��;�.,
`;�" �
��1�: }.,. �
.�: `Z��i>y J
Recipien.. �. � .
any and all_�`�'ms arising
:vw
1f���%Relationshir �f 1
<:�>�eithet Recipient nor
;:::�-: :..:
i�iti#��cnwre or cnterurisc
DRA(T
July 28, 1995
DPS:SFLt ��tOtJ5.W1'6
any
orized b ,,�i required for invencory
� 4:::.�::
:.�;:�`� �
,�,:. �..
� �.�::::<;::«�.,� <>n:�
.:�. �:::..:<>:;<_•; .�:
�:-�<:.. � t
�;..::,..:
sd equi�en[ li .;; : .�`�`� our (4) �,�iis
:,,.:>. . ,.•,:.��r..<-�;::,r�;;- .;,r�:>,
in oca�to facilita�:. �. "° .... : blic
:...:�• ���::{:>�>�.�e.:;..„:,.;::::.::>:.•<::�
;c#j�nt is not reqaire�*�.,::::.�f$�ement to
: <...:.::�;.-
�ciRient's discredon. ������-
ii �":.�� .: �_�a period not to exceed five
as . '"Vj�`wp.x ectionlV.
'- .����'�::'-r without cause. upon ten (10} days
ih r.:
'" return all equiQment that it has received
[ this Ageemen� If Recipient fails to rewm
of replacement of the equipment.
under this Agreement withou[ the prior written
save �� hold the Stat,e of Minnesota. its agents, and its employees harmless from
�f,the equipmenc for purposes of an emergency response.
ienis ag�rs cn empioyees are to be considered to be agents of DPS or to be engaged in any
DPS. and no�hing herein shall be constnied to create such a relationship.
(Non-Public Entities Only) The bo�ks, records. documents, and accounting procedures and
vant to this a�reement shall be subject w examination by DPS and the Legislative Auditor.
10:05
IN WIINFSS WHEREOF. the parties hereta, intending to be bound hereby. have caused this a�reement to be duly executed.
F�r the RECIP�NT:
By:
Title
Date:
By:
TiUe:
Date:
STATE OF MIlVNESOTA
DEPARTMENT OF PUBLIC SAFETY
STATE F1RE MARSHAL DIVISION
Recommendcd for Appravai:
By.
Tidc: Sta�e Fre Mar�hal
Daie: :� :
DIVISION OF �ENC
.�
Recommende��'�Approval:
BY� w;��.
�.�;: "���
TiUe: Direct't t.��°.'�'.::-�€
��
.rti�
Dace:
..� "
:-r�-; ,
n�
+��� .
DEPARTNC�NT OF
�*�����
By{ �:.,:.:�.
�. `'�,'�`,�..�'.���''''.�;
��' �ti :.,..��"��`�:..
��a��
X` ('i?%��'*$ 4-v
4LK''�}�'}•• �'v'p.
Da�C. �`�� `�`�:a
. ��$;
�+►�n��ved as to _�.
Emergency
and Execuaon:
COMMISSIONER OF ADMIMSTRATION:
By.
Date:
APPROVED:
COMMLSSIONER OF FINANCE:
By.
Date:
(Pubiic Entiues Onl}�) A certified coQy of the resaluuon authorizing the of to enter into this
Ageemenc and au�horidng the and to execute this Agreement must be attached hereto.
DRAf-T
July 33.1995
��sss-��:�,oUS.�v,� 10�06
HAZARDOUS MATERIALS EMERGENCY RESPONSE EQU]PMENT
LIST OF EQUIPMENT LOA1�fED TO RECIPIENT
cFR ra L, / ASSE'T #
TTFM �UANTITY ---- -
Cellular Fax System (Portable) 1
Chemical Reference Libr.uy 1 Set See List Auached
Computer Syst.em (Portablel l
.��:��
::<��.�:�.
Deconcamina�ion Sheiter System 1 .;�, ��-
Componencs:
Open Shelter (1)
Partitioned Shelter (1)
Multiple Shelter C�nnecting Unit (1)
lnflation Pumps. Regulatar, Hose l2 ea.)
Gross Decontamination Showcr (1)
Penonal Shower (11
Decont:imination Poc�ls t3)
Electric Shelter Heacers (2)
Hot Water Heater (1)
Inflation Hose - AirTank (1)
Tent St;il:es (16)
Draeger Colorimeuic Dc:�.c�ciar Tui�e Ki�
Drseger Four Gac Moni�or & Calibratinn Kit �
�
Drae�er T'oxic Gas Monitor & Calibraaon �°t �
c•:
HazCat Chemicai Identification System
., .:
h, '
King PoRable,�io(sf with ChY.�':'"`'�'�"
:.� .:. � � - �-- ry ��-
Spilfyter (
Victoreen
Meteorological
1
i
1
I
1
i
DRAFi'
July 33, 1995
DPS:SFM:MOUS.WI'6 4
10.07
See List Auached
Chemical Refcrence Library - List of Ma[erials:
One t 1) each of the following -
ACGIH 'I7veshold Limil Values and Biological Exposure Indicies
Agricuit.ural Chemicals Book - Volumes 1 through 4
Agr'rculcural Directory and Hazards Response Handbook
As.sociation of Americ:u� Railroads Emergency Action Guicles
Association of American Railroads Tanl: Car Manual
CHRIS Hazardous Chemical Data Manuai
Comprehensive Guide to the Hazardous Propenies of Chemical Substances
Crop Proceciion Chemical Reference
DOT Emergency Response Guidebook
Emergency Care for Hazardous Materials Exposure �
Emergency Handling of Hazardous Materials in Surface Transp��n ( N
.r ,�5� � :• .•
Farm Chemicals Handbook '�"
Fretighicrs Handbook of Hazazdous Materials Yu`� : ..�,.``�:a }��
Firefighters Hazandous Materials Reference Book and Ind .;::� �`�'
General American Tank Car Company (GATX) Tank Car l�t�l '�`�
,;:;g•::`��:��`•'.
Guidebcx�k far the Safe Use �f Hazardous Agriculwral Fam��i:��s and Pesticides
� ,,�'�:, `�' .�.
Handbcxik of Compressed Gases . k,� .,,.�.
Hawley's Condensed Chemical Dictionary � �'''�' `� ' .
, „ -,,,.;;�,; .
Hazanious Chemicals Dcsk Reference � "` " ""^h'�-�3��
. ..�� .��
Hazardous Materials Exposure: Emecgency Responsc and Patient � �,�,...
�"' :.,�� �}' Y::r %�.
Hazardous Materials Injuries: A Handbook for Pre- �. '"� are •,,�"
NFPA Fire Prrnecticm Guidc to Hazardous Mate ��'����
I�t� .���"�Y .. �. '••{.+.�`y�'`:
a•:-i r.
NInSH Pocket Guidc to Chcmical Hazards �"�'�� � �- '�
t::� � ��. •�. y.:�; . >::,. t��
.::;;; .
Quick Sclecti�n Guide tc� Chcmical Proteck�'Cto�hin� , �;;.,..;x;,��
Sax's Dan�erc�us Propenies nl' lndusui:il;:�t,eriais `� '�"'�'�'�'"'''`'�`
r::,.,:::„<-�-:.,-
�:::�
5.�'.I'''�" ..� \Cti,-i'S:,'v'ti:
The Pesticide Book '�k{
� <::�
King Portable Radio List:
DRAFI'
July ?S. 1995
��:S�:MOUS.� 1 d,08
n �.:a
SAMPLE RESOLUTION
BE IT RESOLVED, that the City of encer inw an agreement with the State of Minnesota.
Department of Public Safety for the pwpose of receiving from the State of Minnesota. Department of Public Safety,
hazardous materials emergency response equiQment on a loan basis for use by its emerSencY r+esPonse Persanne! cv
assist in �he [raining of such personnel and for use during hazanious materials inciden[s to which such personnel may
re�cnnn[1 _
DRAFI'
July 38. 1995 J O.O�
DPS:SFM:MOUS.wNI �
,�
=i:
//iii,; ,�� ;�,.�\\\
�// \\\\
�
` ;:�
��H
�• • ►
... �
POLlCE DEPARTMENT
City of Fridley
M innesota
DATE AUGUST 25, 1995
SUBJECT
ANIMAL CONTROL CONTRACT
MEMORAMDUM
TO AC
BILL BURNS, CITY MANAGER X
Attached you will find a proposed animal control contract for
August lst, 1995 through July 31, 1996. There has been one change
to the contract from last year.
Under Section 2, subd. 11, the boarding fees have been changed from
$9.00 per day to $12.00 per day. We have also changed that the
fees returned to the City will be 50� of the fees collected from
the owners who retrieve their animals.
The reason for the change for $9.00 per day boarding fees to $12.00
per day was because the City charged boarding rates have not been
raised since the initial inception of this contract. The Skyline
Veterinary's regular boarding fees now are $11.75 per day and
projected to go up to around $12.00 per day at the first of 1996.
Skyline Veterinary had originally requested a substantial raise in
the contract amount the City would be paying for their services in
1995 and 1996. The reason for this substantial increase was that
the animals impounded has increased and the paperwork necessary for
impounding these animals and notifications to owners was increasing
due to state statute mandates. Dr. Brandjord's staff had requested
of him that the fees be raised substantially to compensate for
their added cierical work.
When negotiating with Dr. Brandjord, I explained to him that a
dramatic increase in the City's payment per month would not be
reviewed positively under our current budget situation. I
suggested to him that in lieu of a larqer payment to him that the
City and he split the fees generated from animal impoundment. I
explained to Dr. Brandjord that I thought that the City and the
veterinary clinic would both benefit.
In the past twelve months the veterinary clinic has returned to the
city approximately $1,200 in impoundment fees. If we raise the
11.01
daily impoundment charge to $12 per day, we can expect the
collected fees for the next twelve months to be about $1,450.
Under the proposed contract the Cities share would be $?50.
The yearly fee the City pays to Skyline Veterinary remains at
$15,000. Allvwing them to keep $750 of the impoundment fees would,
in effect, give them a 5a increase for 1995-96.
Once again I would indicate that the Fridley Poiice Department has
been very happy with the service provided by Skyline Veterinary.
The compensation we pay is still far less than using the Animal
Humane Society. It is in our best interest to do our business
within the City of Fridley and having the facility this close to
us reduces employee time costs.
Additionally, the City may want to consider raising the animal
license fees. Currently the license is $5.00 or $2.50 for a spayed
or neutered animal. $10.00 and $5.00 would be a more than
reasonable fee considering 1995 economics.
I submit the attached contract to you for your reviewal and
approval. If you have any questions concerning this contract, feel
free to call me at ext. 637. Thank you.
11.02
ANIMAL CONTROL CONTRACT
This contract, made and entered into this llth day of July, 1994
by and between the Skyline Veterinary Hospital, 6220 Highway 65
N.E., Fridley, Minnesota 55432, hereinafter referred to as "animal
shelter" and the City o� Fridley, a municipal corporation, 6431
University Avenue, Fridley, Minnesota 55432, hereinafter referred
to as "city".
I. TERM
The term of this contract shall be from August 1, 1995
through July 31, 1996.
II. ANIMAL SHELTER SERVICES
The city agrees to purchase and the animal shelter agrees
to furnish the following services:
1. Shelter for animal drop-offs on a 24-hour basis.
2. Animal examinations and veterinary care as required
during normal business hours.
3. Seized stray animals shall be held for five (5)
regular business days. Afte� five regular business
days the city shall have—no right or interest in
such animals.
4. Euthanasia and disposal if required due to serious
injury, illness, or after five regular business
days, in compliance with State Statute MS 35.71.
5. Receiving and disposing of dead animals delivered
by the city.
6. Upon request, train city animal control officers in
safe and humane handling and apprehension of
animals.
7. Keep accurate records of all animals impounded,
boarded, and destroyed, pursuant to this agreement
and furnish monthly statements to the city.
8. Keep the animal shelter open during normal business
hours of the Skyline Veterinary Hospital and not
less than nornaal business hours of the city.
9. The animal shelter, during normal business hours,
shall be open for inspection by the city or it's
agents.
11.03
10. Collect license fees from owners who retrieve
animals not currently licensed and return fees to
the city.
11. Collect boarding fees at $12.00 per day, per animal
from owners who retrieve animals and return 50� of
the fees to the city.
12. Hold any impounded animal being reclaimed until
proof of applicable current licensing and rabies
vaccine is produced.
13. Serve as animal control officers for the city, as
defined in Fridley City Code Chapter 101, and as
applicable to the operation of the animal shelter.
III. CITY RESPONSIBILITY
After normal business hours, the city�will transport any
injured animals that are in a life threatening condition
to the Affiliated Emergency Veterinary Services, at no
cost to the animal shelter. After treatment and release,
the city will transport the animal to the animal shelter.
IV. COMPLIANCE WITH LAWS
In providing all services pursuant to this contract, the
animal shelter shall abide by all statutes, ordinances,
rules and regulations pertaining to or reguiating the
provision of such services.
V. AUDIT DISCLOSURE AND RETENTION OF RECORDS
The animal shelter agrees to make available to duly
authorized representatives of the city and either the
legislative auditor or the state auditor for the purpose
of audit examination , any books, documents, papers, and
records of the animal shelter that are pertinent to the
animal shelter's provision of service hereunder: The
animal shelter further agrees to maintain all such
required records for three years after receipt of final
payment and the closing of all other related matters.
VI. ANIMAL SHELTER RESPONSIBILITIES AND INSURANCE
The animal shelter shall be responsible for all damages,
harm or illness suffered by the animals under its care
and in its custody which may be due to the negligence of
the animal shelter. Said animal shelter shall save the
city harmless from any damages, costs, actions or causes
or action, or claims made against the city for any harm,
losses, damages, or expenses on account of bodily injury,
sickness, disease, improper disposition, death and
property damage resulting from the animal shelter's
operation.
The animal shelter shall procure and keep in full force
comprehensive general liability insurance in the amount
11.04
VII.
vzzz.
of not less than
indemnify the
aforementioned.
the City Clerk.
COMPENSATION
$100,000 and $350,000 to safeguard and
city for any of the occurrences
Such insurance policy must be filed with
1. The city shall pay the animal shelter the sum of
$1,250 per month for services stated in this
contract. Said sum shall be paid on or about the
last day of the month, or within th�rty (30) days
after submission of the monthly claims, by the
animal shelter.
2. The animal shelter may charge and retain customary
veterinary fees including rabies vaccine from owners
of reclaimed animals. �
EARLY TERMINATION
This contract may be terminated by either party, with or
without cause upon thirty (30) days written notice,
delivered by United States mail or in person, to the
other party. For purposes of such notice, the address of
the animal shelter is:
Skyline Veterinary Hospital
6220 Highway 65 N.E.
Fridley, MN 55432
and the address of the city is:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
IX. MODIFICATIONS
Any material alterations, modifications
the terms of this contract shall be vali
only when they have been reduced to
amendment and signed by the parties.
or variations of
d and enforceable
writing as an
X. ENTIRE AGREEMENT
It is understood and agreed by the parties that the
entire agreements of the parties are contained herein and
that the contract supercedes all oral agreements and
negotiations between the parties relating to the subject
matter hereof as well as any previous agreements
presently in effect between the animal shelter and the
city relating to the subject matter hereof. The parties
hereto revoke any prior oral or written agreement between
themselves and hereby agree that this contract is the
only and complete agreement regarding the subject hereof.
11.05
.�
ANIMAL SHELTER
CITY
.
By: " $Y= _
Title: . Title:
Date: ���`�� Date:
Title: Title:
Date:
11.06
Date:
�
�
C�� OF
FRI DLEY
MEMORANDUM
Mu�icipai Center
6431 University Avenue Northeasi
firidley, Minnesota 55432
(612) 572-3507
FAX: (612) 571-1287
William C_ �-Iunt
Assistant to the City Manager
Memo to: William W. Burns, City Manager y�i
��
From: William C. Hunt, Assistant to the City Manager ��'�
Subject:
Date:
Appointment of Fridley Representative to the Board of the
North Suburban Consumer Advocates for the Handicapped
August 22, 1995
Today I spoke with Jesse Ellingworth, Executive Director of the North
Suburban Consumer Advocates for the Handicapped (NSCAH). He informed
me that Roger Blohm has resigned as Fridley's representative to their board.
Jesse requested that the City Council appoint the following person to the
NSCAH board as Fridley's representative:
Jackie Wagner
5820 East River Road, Apt. 304
Fridley, MN 55432
Ms. Wagner has been contacted and has agreed to serve on the board.
I request that you present Ms. Wagner's name to the Fridley City Council at
their meeting of Au,gust 28, 1995 for a motion to appoint her as Fridley's
representative to the NSCAH board.
WCH/jb
c: Kurt Jensen-Schneider, Planning Assistant
Staff Person for the Human Resources Commission
12.01
��
�
� o�
FRIDLEY
LICENSES
August 28, 1995
Type of License:
FOOD ESTABL I SHf�1ENT
K's Lunch Wagon
3874 Olson Rd. NW.
Cambridge, MN 55�08
TE�MPORARY FOQD
Dreamer's Sports Cards
6817 19Qth Ln. N.W.
Anoka, MN 553(13
PAWN SHOP
Pawn America IIm Ltd
3935 Cedarviear Dr.
Eagan, ��IN 55122
0
p
�
Approved By:
Robt.Olson & Verla Nelson
Gerald Nash
Same
14.01
David Sallman
Fees:
$45 . �(l
$30.00
$8,000.00
�
�.
� oF
ERIDLEY
ELECTRICAL
Gilbert Mechanical Coniractors Inc
4451 W 76 St
Edina MN 55435
GAS SERVICES
Miller Mechanical
16411 Nowthen Blvd NW
Ramsey MN 55303
�
�LIC�I�T�ES
P Dan Gilbert
Lowell Miller
GENERAL CONTRACTOR-RESIDENTIAL
Cascade Builders Inc (20003261)
8024 Aldrich Ave N
Brooklyn Park MN 55444-2032 Bruce Johnsan
Custom Environments Inc (2868)
2229 Friendship Lane
Bumsville MN 55337
Donner Construction Co (6904)
6400 Douglas Dr #308
Brooklyn Park MN 55429
Exterior Innovations (9318)
2187 Overlook Dr
Burnsville Mn 55431
Jim Hewitt
Chuck Donner
Jim Jenkins
_
STATE OF MINN
BOB ROACH
Acting Bldg Ofcl
STATE OF MINN
Same
Same
Same
Hanson Stan Homes Inc (8453)
12249 Lily St
Coon Rapids MN 55433 Stan Iianson Same
.
: Manion's Master Roofing . - ....
3841 Hayes St
: Columbia Heights MN;� 55421: , .. : � � Tom:Manion ; . :Same � � - ->'� �.�
, �. . : . . . ,
, ,
.
_ � : t
_ �: ' :
.
� � �r
- 14.02 .
I�Till�s Builders ( )
1032 Grand Ave
St Paul MN 55105
Pixley Jack Sweeps Inc (EXEMPT)
4179 149 Ave NW
Andover MN 55304
Renslow's Decks/Gazebos
1746 East Co Rd B
Maplewood MN 55109
Superior Sash & Siding Inc (1312)
1784 East 7 St
St Paul MN 55119
Theyson Construction
2938 Taylor St NE
Minnea.polis MN 55418
HEATING
Advanced Energy Services Inc
3650 Annapolis Ln #105
Plymouth MN 55447-5434
Airco Heating & Air Cond
4020 Central Ave
Colambia Heights MN 55421
City View Plbg & Htg Inc
1880 1/2 W Wayzata Blvd
Long Lake MN 55356
Miller Mechanical
16411 Nowthen Blvd NW
Ramsey MN 55303
PLUMBING
City View Plumbing & Heatin gInc
1880 1/2 W Wayzata Blvd
Long Lake MN 55356
Piperight Plumbing
4029 Penrod Lane
St Anthony MN 55421
Brad Nilles
Jack Pixley
Chris Renslow
Larry Browne
Arthur Theyson
Richard Skala
George Rogstad
Carl Milow
Lowell Miller
Carl Milow
John Tomas
14.03
Same
BOB ROACH
Acting Bldg Ofcl
STATE OF MINN
Same
Same
BOB ROACH
Acting Bldg Ofcl
Same
Same
Same
STATE OF MINN
Same
�
fft30FING
Dalbec Roofing
548 Willow Dr
Long Lake MN 55356
SIGN ERECTOR
Electric Sign & Lighting Inc
11328 Zane Ave N
Champlin MN 55316
Jones Sign Co Inc
711 Hinkle Rd
PO Box 21$7
Green Bay WI 54303
Kevin Krolczyk
Chris Humphrey
Dennis Knippel
14.04
BOB ROACH
Acting Bldg Ofcl
BOB ROACH
Acting Bldg Ofcl
Same
�
L
CffY OF
��a��
Dermco Construction Company
2837 Aldrich Avenue South
Minneapolis, MN 55408
ESTIMATES
AUGUST 28, 1995
Tennis & Basketball Court Color Coating
& Overlay Surfacing Project No. 284
FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,067.30
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 55433-5894
Services Rendered as City Attorney
for the Month of July, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,492.00
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting •
Attorney for the Month of July, 1995 . . . . . . . . . . . . . . . . . . . . $ 10,203.75
y 5.01
�
� CITY OF FR,IDLEY
PUBLIC WORKS DEPARTMENT
ENG�NEERTNG DIVISION
6431 University Avenue N.E.
Fridley, Minnesota 55432
August 28, 1995 _
Honorable Mayor and City Council
City of Fridley
c!o William W. Burns, City Manager
6431 University Avenue N.E.
Fridley, MN �55432
Council Members:
. . .
* � �- - —,
e
�
We hereby submit the Final Estimate for Tennis and Basketball Court Color
Coating and Overlay Surfacing Project No. 284, for Dermco Construction
Company, 2837 Aldrich Ave South, Minne_apolis, MN 55408. �
We have viewed the work under contract for the construction of Tennis and
- Basketball Court Color Coating and Overlay Surfacing Project No.284 and find that
the same is substantially complete in accordance with the contract documents. I
recommend that �nal payment be made upon acceptance of the work by your
Honorable Body. _ , ...
Respectfully submitted,
� � ,�
_ �=-�-,�_
,- John G. Flora
Director of Public Works
JT:cz
Prepared by: '
Checked by:_;�,
�
15.02 �
, , '
� �
0
�
August 28, 1995
To: Public Works Director
City of �Yidley
' '��_ �� ��. �_' � ��
M. � �I � � _ _ _
�� : ; : : * - � �_t � � _i � *_ � �_\1�
� . . �� . �� �� .
-_ , * � .
We, the undersigned, have inspected the above-mentioned project and find that the
work required by the contract is substantially complete in confornuiy with the plans
and speci�cations of the project.
All deficiencies have been corrected by the contractor. Also, the work for which the
City feels the contractor should receive a reduced price has been agreed upon by the
contractor. �
So, therefore, we recommend to you that the City approve the attached FINAL
_. ESTIMATE for the contractor and the one-year maintenance bond, starting from the
day of the �naZ inspection that being August 23, 1995= -
i
,
Bob Nordahl, Operations ._alyst, __
� ` r ' '
u� n
,, / � it.� .
Contr tor ftepresentative, (Title)
15.03
�
August 28, 199v
� -
City of Fridley
TENNIS AND BASBETBALL COUR,T COLOR COATING AND OVERLAY
SURFACING PROJECT NO. 284
i � * _ � • � � * � �.
This is to certify that items of the work shown in the statement of work certified
herein have been actually furnished and done for the above-mentioned projeets in
accordance with the plans and specifications heretofore approved. The final contract
cost is $66,210.00 and the final payment of $8,067.30 for the improvement project
would cover in full, the contractor's clauns against the City for all 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.
DERMCO CONSTRUCTION COMPANY
� G�,�� ; ��
Dwig Charles, President
15.04
-
I . - ,. �
f
�
� August 28, 1995 �
�
I
'� - � -
City o£ Fridley
�i TENNIS AND BASIIETBALL COURT COLOR COATING AND OVERLAY
� SURFACING PROJECT NO. 284 _ -
� -
PR�VAj.I�ING WACE VERIFICATIOLI
II �
� This is to certify that Derm�o Construction Company has abided by the Prevailing
Wage Provisions as specified by the Minnesota Department of Labor and Industry for
�
Anoka County.
I :
I declare under the penalties�of perjury that this statement is just and correct.
DERMCO CONSTRUCTION COMPANY -
v ,;'G1'� �-� �
Dwigh Charles, President
15.05
DESCRIPTION OF REQUEST:
The petitioner requests that a variance be granted to reduce the front yard setback from 35' to 25'. The
subject parcel is located in the CRP-1 district, which requires a special use pernvt for all construcrion.
SUMMARY OF ISSUES:
The petitioner is proposing to construct a typical side or rear yard porch addition on the front of the
dwelling. The addition does not appear to be integrated architecturally into the existing dwelling. The
petitioner could use a bay or bow window to accomplish the same objectives as opposed to requiring a
variance.
RECOMIV�NDED ACTIONS:
The request is within previously granted requests. Therefore, staff has no recommendation. The City
Council should, however, consider the aesthetic impact in granting the variance for the porch as designed.
APPEALS COMIVIISSION ACTZON:
The Appeals Commission voted to deny the request as presented.
16.01
PROJECT DETAILS
Petition For: A variance to reduce the front yard setback from 35' to 25'.
Location
of Praperty: 8095 Riverview Terrace
Legal Description
of Property: Lots 30-32, Block T, Riverview Heights
Size: 8,755 sq, ft.
Topography: Mostly flat, but genfly sloping across the front
Ezisting
Vegetation: Typical suburban, grass and trees
Ezisting
Zoning/Platting: Riveiview Heights
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Connected
Riverview Terrace, Glencoe Street
N/A
Engineering
Issues: N/A
Site Planning
Issues:
DEVELOPMENT STTE
Public Purpose:
Section 205.07.03.D.(1) of Fridley Zoning Code requires a frocrt yazd setback of not less than 35'.
�
16.02
The public putpose 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 neighbo�'s
front yard.
Analysis:
The petitioner requests that a variance be granted to reduce the front yard setback from 35' to 25'. The petirioners
are proposing to construct a 10' x 14' thrce season porch addition to the frorrt of their existing split level single family
dwelling. The pexitioners are aLso processing a spacial use pennit request as the subject parcel is located in the �ood
plain district.
The peritioners are proposing to constYUCt a tluee season porch addition on stilts to the front of the existing dweliing.
The addition, as currently designed, is an addition which would typically be observed on the rear or the side of a
dwelling. Visually, the addition does not appear to be urtegrated into the dwelling unit. ff the addition included a
lower level with a foundafion, it would not appear as a later "add-0n" to the dwelling. It would be more appropriate
to approve a variance if the addition were integratea into the existing dwelling, and both the upper and lower �oors
were being expanded. The petitioner has an alternative to conshuct a bay or bow window which would increase the
surface area of the glass, and provide additional views of the river.
The dwellings along Riverview Terrace appear to be in line, with the exception of the dwelling to the south which
encroaches towards Riveiview Terrace. The proposed addition and the existing dwelling are screened Srom the
property to the south by fow mature pine trees.
Recommendation:
The City has granted similar variances in the past. Therefore, staffhas no recommendation regarding this request.
The AppeaLs Commissioq however, should strongly consider the aesthetic impact of a typical rear or side yard addition
onta the front of a dwelling when making its decision.
AD7ACENT STTES
WEST: Zoning: R 1, Single Family Land Use: Residential Dwelling
SOUTH: Zoning: R-1, Single Family Land Use: Residential Dwelling
E T: Zoning: R 1, Single Family Land Use: Residential Dwelling
NORTH: Zoning: R 1, Single Family Land Use: Residential Dwelling
Comprehensive
Planning Tssues:
Public Hearing
Comments:
16.03
VAR ��95-16
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The petitioner requests that a variance be granted to reduce the distance of a structure
from the front property line from 35' to 25' to allow construct+on of a porch adc�tion to
the front of the exisfing dwel�ng.
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16.09
___ _� I
APPEALS COMMI33ION MEETING, JOLY 18. 1995 PAGE 4
Ms. Savage agreed. The lot is unique in being pie sha . She
did �ot think there would anything unfavorable to t spirit of
the code in granting this request.
MOTION by Mr. Kuechle, seconded by Ms. Smi , to recommend
approval of Variance Request, VAR #95-1 , by James and Nancy
Lambert to reduce the rear yard setb from 10 feet to 4.5 feet
to allow the construction of a th e season porch on Lot 7, Block
1, Rice Creek Terrace, generall located at 389 Rice Creek
Terrace N.E., Fridley, Minne a, with the following stipulation:
1. The petitioner sha submit a property survey verifying the
setback of the e sting structure and the proposed addition.
IIPON A VOIC$ VOT , ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION C ED IINANIMOIISLY.
Mr. Lamb asked if the City did these surveys or if they would
need t ave this done themselves.
Ms McPherson stated the petitioner must do this themselves. She
r uld provide the names of several qualified persons.
2. PUBLIC HEARING: CONSIDERATION OF A VARIANCE REOUEST VAR
#95-16, BY ROBERT E. & KAREN M. FOURNIER:
Pursuant to Section 205.07.03.D.(1) of the Fridley City Code
to reduce the front yard setback from 35 feet to 25 feet to
allow construction of a three season porch on Lots 30, 31
and 32, Block T, Riverview Heights, generally located at
8095 Riverview Terrace N.E., Fridley, Minnesota.
MOTION by Ms. Smith, seconded by Mr. Kuechle, to waive the
readinq of the public hearing notice and to open the public
hearing.
OPON A VOICE VOTE, ALL VOTING AYB, CHAIRP$RSON SAVAGE DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:48 P.M.
Ms. McPherson stated the property is located at the intersection
of Riverview Terrace and Glencoe Street. The prvperty is zoned
R-1, Single Family, as are the surrounding parcels.. The
petitioners are requesting a variance to reduce the front yard
setback from 35 feet to 25 feet. The petitioners desire to build
a 10 foot x 14 foot screened porch on the front of the existing
dwelling. The subject parcel is also located in the flood
protection district so the petitioners are also processing a
special use permit which will be reviewed by the Planning
Commission in August.
Ms. McPherson stated the three season porch would be a typical
porch addition normally found to the rear of a dwelling. It
16.10
APPEAL3 COMMISSION MEETING, JQLY 18, 1995 PA_GE 5
would be on stilts and adjacent to the front living room on the
upper level of the split level home. Some alternatives proposed
by staff included adding a bay or bow window to provide
additional light into the room and expand the views toward the
river. While this would not be a room addition, it would
possibly serve to meet the needs of the petitioners.
Ms. McPherson stated there is concern with the design of the
addition. It will look like an addition typically found off the
rear or the side of a dwelling. There is an aesthetic concern
with the granting of a variance for this type of addition to the
front. The dwelling to the south of this property is in front of
the petitioner's dwelling. It was built earlier than the
petitioner's dwelling; however, the remaining houses on the
street do line up.
Ms. McPherson stated there are four mature pine trees which
separates the petitioner's property from the property to the
south so, visually in terms of line of sight, there would really
be no impact between the two dwellings as the trees block the
line of site.
Ms. McFherson stated the request is within previously granted
variances; therefore, staff has no recommendation. Staff does
have a concern regarding the aesthetic impact of the addition
design.
Ms. Savage asked if there were any objections to the request.
Ms. McPherson stated she had not received any calls regarding
this request.
Ms. Savage asked the petitioners their reaction to the
alternatives suggested and what their hardship was.
Ms. Fournier stated they have a beautiful view of the river.
Both she and her husband have a number of physical problems. Her
husband has recently had to retire with disabilities and he has
anxiety attacks from being indoors. He needs open space and with
more space the better he is. She has diabetes and high blood
pressure. They need space and light.
Mr. Fournier stated they cannot see the river from their living
room.
Ms. Savage asked how long they had lived in the house.
Mr. Fournier stated they have lived their since 1979.
Ms. Fournier stated they have talked to their heighbors and they
support the plan. The porch would still be back from the
16.11
APPEALS COMMISSION MEETING, JULY 18, 1995 PAGE 6
neighbors.
Mr. Fournier stated the house to the south would not see the
porch and the neighbor to the north faces the other way.
Ms. Fournier stated this would not be blocking anyone's view.
Ms. Savage stated one concern was the aesthetic consideration
that this is an addition not usually on the front.
Ms. Fournier stated the addition would blend in with the house.
The addition would be brown as is the house, and the roof line
would be the same. It would look nice.
Mr. Fournier stated below the addition would be a slab. It would
look nice.
Ms. Fournier stated they have one of the best views of the river
in that area. This is something they have wanted to do for years
and they can now afford to do it.
MOTION by Ms. Smith, seconded by Mr. Kuechle, to close the�public
hearing.
IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CIASED AT 7:55 P.M.
Ms. Smith stated she would be inclined to vote for denial. As
she drove down the street, the houses were for the most part
right in line. She did not see a hardship that there is not an
option to put an addition to the house. If she were to say yes
for this request, it would be difficult saying no to anyone else.
As much as it would be wonderful, she would be inclined to vote
to deny the request.
Mr. Kuechle concurred. It is a bit too much. The house is
already at the setback line and to put an addition out to the
front is more than what he can be comfortable with. Ae cannot
see a hardship except wanting a good view of the river and he can
sympathize with that. However, there has to ba hardship and they
have to stay within their constraints. He would recommend
denial.
Ms. Savaqe stated she knew how important it is to see the water
and can understand the petitioner wanting to have the view. She
can see this as an important part of the property and agreed that
a bay window would not do the same thing. She sympathized with
the petitioner's position because she feels for the petitioner to
really enjoy their property it is important to have that. In any
event, because there are two no votes, the request will go to the
City Council for a final decision. She has mixed feelings. She
16.12
�
APPEALS COMMISSION MEETING, JIILY 18, 1995 PAGE 7
agrees with the other commissioners but she also feels, for the
petitioners to completely enjoy their property, they should be
able to have the porch. She would say the hardship would be the
health problems as indicated.
MOTION by Ms. Smith, seconded by Mr. Kuechle, to recommend denial
of Variance Request, VAR #95-16, by Robert E. & Karen M.
Fournier, to reduce the front yard setback from 35 feet to 25
feet to allow construction of a three season porch on Lots 30, 31
and 32, Block T, Riverview Heights, generally located at 8095
Riverview Terrace N.E., Fridley, Minnesota.
IIPON A VOICE VOTE, AITH MR. RIIECHLE AND MS. SMITH VOTING AYE AND
MS. SAVAGE ABSTAINING, CIiAIRPERSON SAVAGE DECLARED THE MOTION
CARRIED BY A MAJORITY VOTE.
Ms. McPherson stated this request would be considered by the City
Council on August i4.
3. PUBLIC HEARING: CONSIDERATION OF A VARIANCE REOUEST VAR
�95-17, BY MICHAEL & LINDA WILTFANG:
Pursuant to Section 205.07.03.D.(1) of the Fridley City Code
to reduce the front yard setback from 35 feet to 18 feet to
allow construction of a second garage Lot 2, Block-1,
Parkview Manor, generally located at 5885 Tennison Drive
N.E., Fridley, Minnesota.
Ms. McPherson stated the petitioner has requested this request be
tabled so that they make consider other options.
MOTION by Ms. Smith, seconded by Mr. Kuechle, to table
consideration of Variance Request,,VAR #95-17, by Michael & Linda
Wiltfang to the next meeting.
IIPON A VOICE VOTE, ALL
THE MOTION CARRIED IINA
4.
Ms. McPherson p
Council actions
ADJOURNMENT
Y.
YE, CHAIRPERSON SAVAGE DECLARED
e
an update on Planning Commission and City
MOTION by/Ms. Smith, seconded by Mr. Kuechle, to adjourn the
meetinal
O�i`A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
� MOTION CARRIED AND THE JIILY 18, 1995, APPEALS COMMIS3ION
ETING ADJOIIRNED AT 8:04 P.M.
16.13
�
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__ _ ___ ___ __ _ .... _ __. . _ _ _ _ _ _ _ __ _ .
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�ITY OF: FRIDI,EY ` PROJECT SLTNIMARY
DESCRIPTION OF REQUEST:
Frank Kitterman has requested a sign variance for his property located
at 6400 Central Avenue N.E. The variance request is to reduce the
setback from a property line from 10' to 0' allowing a sign to be
constructed on the property line.
SZJNII�IARY OF ISSIIE3:
Code Section 214.12.02.E, requires " A minimum distance of ten (10)
feet from any property line or driveway."
The purpose of this Code requirement is to provide adequate setback
dimension to limit distraction and visual clutter.
Hardship:
sign Location: "Due to boulevard width lot line has a curb setback of
approximately 30' and code set back places rear sign pole at parking
lot curb line creating a hazard for car parking".
Siqn Height: "Better visibility from beneath the trimmed corner located
green ash trees".
RECOZ�IENDED ACTIONS:
Staff recommends that the City Council concur with the Appeals
Commission action.
If the City Council approves the variance request, staff recommends the
following stipulation:
The petitioner shall execute and record against the property a hold
harmless agreement indemnifying the Ci�y and County from liability
should repairs occur to the utilities below the sign location.
APPEALS COMMISSION ACTION:
The Appeals Commission voted unanimously to recommend approval of a
variance to reduce the sign setback from 10' to 4'. The Commission
recommended the above stipulation as a condition of approval.
1
17.01
R I T T E R M A N
Site Planninq
Issues:
Parcel
History:
P R O J E C T
V A R I A N C E
D E T A I L S
� �lI � ' �� �lt
Code Section 214.12.02.E, requires " A minimum
distance of ten (l0) feet from any property
line or driveway."
The purpose of this Code requirement is to
provide adequate setback dimension to limit
distraction and visual clutter.
Mr. Kitterman purchased the property at 6400
Central Avenue N.E. in early 1988. Prior to
his purchase, this property was called Midwest
Van and Storage. The former business had a
large asphalt parking area betwean the building
and Central Avenue. Mr. Kitterman applied for
and received a special use permit to allow
outdoor storage and to allow the sale of
mobile home and recreationai vehicle parts at
this location.
A landscape plan was required as part of the
special use permit redevelopment of this site.
According to Mr. Kitterman, the five ash trees
planted in front of his property were installed
by the City. The planting beds including a
variety of shrubs were required as a site
redevelopment stipulation by the City.
Kitterman installed all plants as required.
While considering Central Avenue Corridor
modifications, the City of Fridley allowed both
the Kitterman Property and Sandee's Restaurant
to identify their businesses with temporary
signs in the public right-of-way. It is
recognized by the property owners that the
temporary signs were to be removed and replaced
with permanent signs, once all Central Avenue
Corridor decisions were made by the City.
To date, a corridor plan has not been approved
by the City. Mr. Kitterman is seeking a
permanent location for his sign.
Hardship: Sign Location: "Due to boulevard width lot line
has a curb setback of approximateiy 30' and
code set back places rear sign pole at parking
lot curb line creating a hazard for car
parking".
17.�2
Alternatives: Option �1. Elimination of a parking stall would
provide an opportunity to create a landscaped
island. This landscape island would be large
enough to place the sign a proper distance
from the front property line. Staff has
evaluated the site line visibility of ttlis
alternative and determined that the sign in
this location has greater visibility from
� distances along Central Avenue than if it were
to be installed in the location desired by the
petitioner.
Option #2. Remove the three ash trees along
the front of the planting island and place a
single sign post at a distance of 8'-6" behind
the front property line. This post location
would result in a variance of 5'-6", rather
than 10'-0" and would place the sign a safe
distance from the future bikeway/walkway and
from bumpers overhanging the curb line.
Option #3. Place a free-standing sign (up to
25'-0") in the planting area directly adjacent
to the.buiZding.
Option #4. Place a free standing sign on a
diagonal support post so that the leading edge
of the sign is 10'-0" from the front property
line, but the base is back on the plating
area, safely out of the reach of veYiicle
bumpers. A similar post can be seen in front
of University Billiards.
Option #5. Place a ground sign parallel to the
roadway, 10'-0" from the front property line.
The sign could have ballards on the back side
to protect the sign from car bumpers. The ash
trees could remain and be pruned to assure
visibility. The two smaller planting islands
could be shifted back toward the parking lot
allowing reuse of the plant material while
opening the view to the sign.
There have been questions raised about how much of the plant
material (including the ash trees) may have to be removed to
accommodate the future bikeway/walkway. According to the City
engineering plans, it appears that the two planting beds in front
of the parking areas will require that shrubs be transplanted.
Request Chanqe: Prior to the Appeals Commission meeting, staff
met with the petitioner on site. A compromise
position was identified. The petitioner
proposed to located a single pole pylon sign
3
17.03
M����F#
Y•Ii}�4:
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Zoning:
Zoning:
Zoning:
Zoning;
four feet from the westerly curb of the
landscape island. The sign would overhang
4-1/2 feet on either side of the pole. This
changes the request to. a reduction of 4 feet.
ADJACENT SITES
R,2 Two Family Usez Residential
Dwelling
CR-1, General Office Use: Vacant
C-1, Local Business Use: Developed
C-1, Local Business Use: Developed
C-2, General Business Developed
APPEALS COMMISSION RECONII�IENDATION:
Staff recommends denial of variance request #95-20 due to the
existence of reasonable alternatives.
If the Commission chooses to approve the variance request, staff
recommends the following stipulation:
The petitioner shall execute and record against the property a hold
harmless aqreement indemnifying the City and County from liability
should repairs occur to the utilities below the sign location.
4
17.04
D A T A 8 H E E T
Petition For: Sign variances to allow the installation of a free-
standing sign 0' from the Central Avenue property
line, and to allow 8' of clearance from the ground
to the bottom of the sign (rather than 10' as
required by Code).
Location
of Property: 6400 Central Avenue N.E. On the west side of
Central Avenue, north of the intersection of Central
and Rice Creek Road.
Leqal Description
of Property: Lot 1, Block 1, Herwal Rice Creek Terrace
Size:
Topography:
Existinq
veqetation:
Existinq
Zoninq/
Plattinq:
Availabilitp
of Municipal
IItilities:
Vehicular
Access:
Pedestrian
Access:
PUb11C
Comments:
1.5 acres
Generally level
Urban landscape.
M-1, Light Industrial, Herwal Rice Creek Terrace
Available
2 access points have been installed from Central
Avenue.
A bikeway/walkway easement and 50' Anoka County
utility exists along the front portion of the
Ritterman property.
to be taken
5
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DVAN E
OMPANIES,
(612) 572-2000
FAX (612) 572-9933
INC. �
6400 Central Avenue N.E., Minneapolis, MN 55432
SIGNAGE - 6400 CENTRAL AVENUE N.E.
HISTORY
*Property was purchased Spring 1988.
*No street signage was present.
*Existing plantings on the property consisted of five untrimmed
green ash trees located on the boulevard with a curbline set back
of 12' to 13' (public property) approximately 15' high.
*The current owner replaced curbing. parking lot. fences. improvements
and plantings in compliance with drawings and specifications provided
by the City of Fridley.
VARIANCE RE4UEST
*Remove three island located gxeen ash trees and trim from the bottom..the
branches of the two corner located green ash trees.
*Reduce sign set back from 10' to 0' from the forward lot line. Due to
boulevard width lot line has a curb set back of approximately 30' and
code set back place rear sign pole at parking lot curb line creating a
hazard for car parking.
*Reduce minimum sign height from 10' to 8' (total height from 20'6" to
18'6"} allowing better visibility from beneath the trimmed corner
located green ash trees.
PQRPOSE
*To remove old existing sign and reader board.
*Improve the property appearance and provide additional advertising
including publice information on the reader board.
*Meet code requirements.
ADDITIONAL CONSIDERATIONS
*Trees may be located in or near enough to future bike/walk path to
create a hazard.
*Liability exposure to owner and City of Fridley.
*Sign lighting will provide additional security lighting. Buildinq has
been broken into twice since purchase.
*The majority of business locations on Old Central Avenue are on corners.
Medtronics sign is located on the street side and has a tree set back in
excess of 35'.
*Photos of location and other business buildings.
�7.15
EXPERIENCED RECONSTRUCTION CONTRACTORS
CONTRACTOR ID #0004423
.*
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DATE:
TO:
FROM:
SUBJECT:
Community Development Department
HOUSING AND REDEVELOPMENT AUTHORITY
City of Fridley
August 24, 1995 �
William Burns, City Manager �'"
Barbara Dacy, Community Development Director
Grant Fernelius, Housing Coordinator
Conveyance of City-Owned Lots to the Housing &
Redevelopment Authority
The City has acquired four single family residential lots over
the last three years (see attached maps and descriptions). All
of the lots are buildable, and are therefore recommended for
inclusion in the City's Housing Replacement Program recently
authorized by the legislature.
In order to be included in the program, the City must convey
ownership of the lots to the HRA. The Housing Replacement
legislation mandated that the HRA is responsible for
administration of the program. The City Council must approve the
transfer of ownership by motion. The City Council has already
declared these sites excess property and conducted the necessary
public hearings as required under Chapter 12 of the City Code.
These sites will be offered for sale to the general public,
tentatively scheduled for September. In response to
Councilmember Jorgenson, "Lot for Sale" signs are now being
prepared to be placed on these properties.
Councilmember Jorgenson inquired about the ultimate tax impact of
the Housing Replacement Program. It must be remembered that the
land value of the properties being acquired constitutes at least
half of the value of the property itself. In other words,
because the homes are so deteriorated and obsolete, most of the
value on the property is in the land. Taxes on the frozen tax
capacity of the land will still be paid to respective
governmental jurisdictions. What will be lost is the taxes on
the former structure.
The average cost of acquisition of the 12 scattered-site
properties is approximately $42,000. Taxes on the lost value of
the structure would range between $50 -$75, for a total impact
of $500 -$750. This is a minimal amount compared to the
18.01
City-Owned Lots to the HRA
August 24, 1995
Page 2
benefits of recovering 1/3 to 1/2 of the costs to administer the
program. More detailed information about the program will be
presented to the City Council in October.
In the meantime, it is hoped that the lots can be packaged and
sold for possible initiation of construction yet this Fall.
Recommendation
Staff recommends that the City Council approve by motion the
conveyance of the lots described in Exhibit A to the Fridley
Housing and Redevelopment Authority for inclusion in the Housing
Replacement Program, and authorize the City Manager and Mayor to
sign any necessary documents.
GF/
M-95-465
� 8.02
PARCLL DESCRIPTIONB
Parcel Description
EXHIBIT A
1 Lot 3, Block 2, Sexter Addition, Anoka County, Minnesota,
except the south 35 feet of Lot 3, subject to an easement
to the City of Fridley along the easterly 5 feet of Lot 3.
2 Lot 26, Block C, Riverview Heights, Anoka County, Minnesota,
and that part of aIl of the vacated Broad Avenue N.E.,
lyinq southerly of the westerly extension of the southerly
line if said Lot 26, subject to an easement to the City of
Fridley for bikeway and walkway purposes.
3 Lots 27 and 28, Block 12, Hyde Park.
4 Vacated egress road from T.H. 47 Iying over Lots 29 and 30,
Block 12, Hyde Park.
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