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09/11/1995 - 4881I '� CINOf fRIDI.EY FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Mvnday, Se��embe�c 11, 1995 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN NAME (CLEARLY)� ADDRESS < . ➢ - - - ��7i?��I�II��/�� ITEM NUMBER � t cmr oF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1995 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 activiries because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regazd to public assistance. Upon request, accommodarion will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabiliries who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: PROCLAMATION: Values First Week September 17 - 23, 1995 APPROVAL OF MINUTES: City Council Meeting of August 28, 1995 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second 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 . . ............. 1.01-1.28 FRIDLEY CITY COUNClL MEETING OF SEPTEMBER 11, 1995 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Resolution Adopting a Proposed Budget for the Fiscal Year 1996 . . . . . . . . . . . . . . . 2.01 - 2.03 Resolution Certifying Proposed Tax Levy Requirements for 1996 to the County of Anoka . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.02 Extension of a Special Use Permit, SP #94-10, by David and Patricia Younkin, to Allow Construction of a Second Accessory Structure Over 240 Square Feet, Generally Located at 5401 Matterhom Drive N.E. (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.05 Extension of a Special Use Permit, SP #94-12, by Monte and Michelle Maher, to Allow Construction of an Addition to a Single Family Home in the Flood Fringe Distri�t, Generally Located at 7965 Riverview Terrace N.E. (Ward 3) and, Extension of a Variance Request, VAR #94-20, by Monte and Michelle Maher, to Reduce the Rear Yard Setback from 40 Feet to 30 Feet, Generally Located at 7965 Riverview Terrace N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.05 _ ; FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1995 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive Bids and Award Contract for Washington Sfireet Water Main Repair Project No. 272 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.03 Claims ................................... 7.01 Licenses ................................. 8.01-8.03 � Estimates ................................. 9.01 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: . . (Consideration of Items not on Agenda - 15 Minutes) : Y FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, '1995 PAGE 4 PUBLIC HEARINGS: 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); and, 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.12 NEW BUSINESS: Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 `• ADJOURN: IY , f�RIllLEY C:l�i�i' �;�a1�N�:'IL �tiII�.LT'1\TG O��' ��+�F'�'ENI13�;I2 I1, 1�9� !�(���� = The City of Fridley will not discriminatc against or harass anyone in the admission or access to, or treatment, or C�-�O� employment in its services, prograzns, or activities because of race, color, creed, religion, national origin, sex, disability, F�DLE age, marital status, sexual orientation or status with regard to public assistance. Upon request, accom►nodation �vill be provided to allow it�divid��als with disabilities to participate in any of Fridley's services, programs, and activities. HWaring 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 ALLEGIANC�: PROCLA�111ATION: Values Fi�st Week September 17 - 23, 1995 APPROVAL OF MINUTES: �u�,�-�� �_ �v� U ~ City Council Meeting of August 28, 1995 ��� ��� � APPROVAL OF PROPOSED CONSENT AGENDA• OLD BUSINESS: Second Reading of an Ordinanee Recodifying the Fridl2y 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 ����a�i��y riuu�piain r=ceyuiaiions .. i.� i- �.28 � � �,� (�J �_�-,�„Gi..�� � � l �,�.��-.�;�" .�- a-�-�(�:-��..0 NEW BUSINESS: Resolution Adopting a Proposed Budget for the Fiscal Year 1996 . 2.01 - 2.03 �,�w�%�> �,� .5� : Resolution Certifying Proposed Tax Levy Requirements for 1996 to the County of Anoka . . . . . . . . . . . . . 3.01 - 3.02 <<�-�,.�� ��°�-, s�. NEW BUSINESS (CONTINUED� Extension of a Special Use Permit, SP #94-10, by David and Patricia Younkin, to Allow Construction of a Second Accessory Structure Over 240 Square Feet, Generally Located at 5401 Matferhorn Drive N.E. (Ward 2) . . . . . . . . . . . . . . . 4.01 - 4.05 r, f% � ,�,-.-�� ��.� ���� .� „ , /� z. j� �-� z,,:,� N,,,�l%� �- � _ L..�-�. Extension of a Special Use Permit, SP #94-12, by Monte and Michelle Maher, to Allow Construction of an Addition to a Single Family Home in the Flood Fringe District, Generally Located at 7965 Riverview Terrace N.E. (Ward 3) and, Extension of a Variance Request, VF1K �f�4-2U, ny ivionte and Micheile Maher, to fteduce the Rear Yard Setback from 40 Feet to 30 Feet, Generally Located at 7965 Riverview Terrace N.E. (Ward 3) . . . . . . . . . 5.01 - 5.05 � � �� ��,,,.. _ �u.� c�_� � � 1 � � � ��"-' - Receive Bids and Award Contract for . Washington Street Water Main P.epair � Project No. 272 . . . . . . . . . . . . . . 6.01 - 6.03 ��'--t-vf �w�-� .,�. ��.,�,..��. (' ,,.-f:��_,:L- ;-�__ �/� ,,,,,,�,t �?�..�Y-��, :�,- ��y 76�_ Claims ..................... 7.01 ���� _�{ APPROVAL..OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDL Licenses . . . . . . . . . . . . . . . . . . . 8.01 - 8.03 �;,�,,,�,,.y-.,�.__ . Estimates ................... 9.01 ��z,L^��� ADOPTION OF AGENDA: ��,`'7��.t c.��—�1'�`-�„� OPEN FORUM. VISITORS: (Consideration of Items not on Agenda - 15 Minutes) ��. ���� _ s �, � ��..�-, PUBLIC HEARINGS: Rezoning Request, ZOA #95-05, by Karf and Margaret Schurr for Minco Products, to Rezone Property from C-2, Generai Business to M-1, Light Industrial, Generally Located at 7321 Commerce Lane N.E. (Ward 3); and, Vacation Request, SAV #95-03, by Karl and Margaret Schurr for Minco Products, to Vacate a 30 Fo�t Drainage and Utility Easement, Generaily Located at 7321 Commerce Lane N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.12 �� C -;' ��� NEW BUSINESS: �r� �' L /� ,r� c�; ; ,-� /, , l ^--` i � Informai Sta-/-tus Reports . . . . . . . . .� 1.01 C" �.-��'l.i-, c in L�-�-a� �c�-. � �• ///�� 1 g /y'�-y V(l�ia,� ,'J.�-+l-s/{i�L✓"l �'%1N-rM..^.,fAV{ �-t--c_C�/�--..1.,i A ��.a.,w.�.�� �..�.c �.4�..—��-- �ti„�, �� � ADJOURN. r�' �<�^ a;7�i,.� �-....-,�..r - ;1''ti-•--� �� �.j�1 �� /�l �,c r-; =a ,�,, z.t, �r.--.-a-�-,-- . . �.a�--.�-,..,�rt . �. � �n�-�,- �ti.--�.�. %,�. �i-�. � Y- �- `'�--4, � � Values Awareness Week R � September 17-23, 1995 Hilltop, Columbia Heights, and Fridley celebrate these community values ♦ Responsibility ♦ Nonviolence ♦ Self-Control ♦ Citizenship ♦ Integrity ♦ Respect ♦ Caring Sunday, September 17 - A Symbol of Unity Join your neighbors in beginning the week with a moment of silence and a symbolic bell ring- ing at noon by the places of worship in Fridley, Columbia Heights, and Hilltop. Tuesday, September 19 - Dr. David Walsh 7:30 p.m., Fridley High School Auditorium Back by popular demand: Dr. David Walsh, author of "Selling Out America's Children," will address what values mean to families today and why character education is important to our society. FREE child care will be available at the Fridley Community Education Center. To reserve child care, ca11636-5694 by 4 p.m. Tuesday. (wheel chair accessible) Thursday, September 21 - Judith Rice 6:30 �.m., Murzyn Hall, Columbia Heights . Judith Rice, author of "The Kindness Curriculum" will present ideas for parents and teachers on how to insdll values in chiidren. Attendees will receive helpful informadon on working with and/or raising children. Ms. Rice is a parent educator in the St. Paul Schools. FREE child care is available at Murzyn Hall. To reserve child care, ca11636-5694 by 3 p.m. Thurs- day. (wheel chair accessible) Saturday, September 23 - Ice Cream Social 1:00 - 3:00 p.m. Athletic Greens West of Fridley High School (Park at Fridley High School or Fridley Community Education Center) ICE CREAM! Join us for a community celebration with free ice cream as we celebrate the quality of life in Columbia Heights, Hilltop, and Fridley. (If rain, event will be in Fridley , High School gym.) 1 5i Columbia Hcights ♦ Hilltop ♦ Fridley For more information, call 636-5694. THE MINDTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COIINCIL OF AUGUST 28, 1995 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGTANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: PROCLAMATION: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom None FRIDLEY PRIDE CITY-WIDE CLEAN-UP WEEK, SEPTEMBER 9- 16, 1995: Mayor Nee asked Councilwoman Bolkcom, the City Council's represen- tative for Clean-Up Week, to read this proclamation. Mayor Nee issued this proclamation proclaiming the week of September 9 through 16, 1995 as Fridley Pride City-Wide Clean-Up Week. He urged Fridley citizens to help one another and to take advantage of this clean-up program to tidy up Fridley. Mayor Nee presented this proclamation to Dean Saba of the Clean-Up Committee. Mr. Saba thanked Council for their support and encouragement. He stated that he felt proud that the City can come together and take on such a project. Mr. Saba asked the other members af the committee to introduce themselves. These members were Lonn�. McCauley, Woody Nelson, Mel Bolen, Mary Bowen, Sue Price, and Jack Velin. Councilman Schneider stated he believes that this project will be a remarkable achievement for Fridley and will set a precedent for other communities. Councilwoman Bolkcom stated that volunteers are needed to help. She stated that she looks forward to this event and felt it was something that needed to be done in Fridley. APPROVAL OF MINUTES: COUNCIL MEETING. AUGUST 14, 1995: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28, 1995 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS- 1. 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): Mr. Burns, City Manager, stated that this ordinance declares real estate at 5720 Polk Street to be surplus, and it is to be sold. He stated that the parcel is 80 feet by 148 feet and meets the code requirements as a buildable lot. He stated that it is intended to sell the lot for construction of a single family home. THIS ITEM AAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGIILAR AGENDA. NEW BUSINESS• 2. PRESENTATION OF THE 1996 PRELIMINARY BUDGET: Mr. Burns, City Manager, stated that the 1996 preliminary budget for the General Fund is $9,758,126 which is a 1.9 percent decrease from the 1995 budget. He stated that with Special Revenue Funds, Capital Project Funds, and Agency Funds, the total budget is $12,340,500 or a 3.8 percent increase from 1995. He stated that the increase is due mainly to expenditures for various capital improvements in the areas of building, street, and park improvements. APPROVED THE 1996 PRELIMINARY BODGET. 3. 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 RE�ULATIONS: Mr. Burns, City Manager, stated that this ordinance was first adopted in 1977 to limit development in the floodway and permit development that meets standards in the flood fringe district. He stated that the current regulations require a minimum first floor elevation and a special use permit to build in the flood fringe. Mr. Burns stated that the amendments provide for the creation of a third district, "General Floodplain District," that includes both floodway and flood fringe districts. He stated the amendment also provides additional standards for manufac- tured homes, manufactured home parks, and placement of travel trailers on travel vehicles. He stated that there are no FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28, 1995 PAGE 3 changes to the ordinance as it relates to floodway and flood fringe districts, and there are no changes to the boundaries of this district. He stated that since the City does not permit manufactured homes or travel trailers in floodway or flood fringe districts, these amendments will have no affect on Fridley's residents. Mr. Burns stated that Council requested removal of the special use permit requirement to build in the flood fringe district, and this has been done. He stated that the changes were re- quested by the Federal Emergency Management Association and the Department of Natural Resources. WAIVED THE FIRST READING AND APPROVED THE ORDINANCE ON FIRST READING. 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 16, 1995• RECEIVED THE MINIITES OF THE PLANNING COMMISSION MEETING OF AUGIIST 16, 1995. 5. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 11. 1995, FOR A REZONING RE4UEST, 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)• Mr. Burns, City Manager, stated that this public hearing is for the rezoning of property from C-2 to M-2 at 7321 Commerce Lane N.E. He stated that the rezoning is requested to allow a 60,000 square foot addition to Minco Plant #2. 88T PUBLIC HEARING FOR REZONING REQIIEST, ZOA �95-05, FOR SEPTEMBER 11, 1995. 6. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 11, 1995, FOR A VACATION RE4UEST. 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 31: Mr. Burns, City Manager, stated that this public hearing is to consider the vacation of a 30 foot drainage and utility easement. SET PIIBLIC HEARING FOR VACATION REQIIEST, SAV #95-03, FOR SEPTEMBER 11, 1995. FRIDLEY CITY COUNCIL MEETING OF AIIGIIST 28, 1995 PAGE 4 7. EXTENSION OF A SPECIAL USE PERMIT, 5P #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): Mr. Burns, City Manager, stated Mr. Moe, nephew of the late Gordon Hedlund, has requested a one-year extension on these special use permits. He stated it is expected that the builder, Janice Khan of Advanced Design, Inc., will acquire the properties and construct a home on the Cheryl Street lot this fall. He stated that the other two buildings are likely to be constructed next year. APPROVED A ONE YEAR E%TENSION OF SPECIAL USE PERMITS, SP #94-03, SP #94-04, AND SP #94-05, WITH THE STIPULATIONS PREVIOIISLY APPROVED, AND SIIBJECT TO COMPLIANCE WITH THE REQIIIREMENTS OF THE ENGINEERING DEPARTMENT�S STIPIILATIONS ON THE LAND ALTERATION PERMIT. 8. EXTENSION OF VARIANCE RE4UEST, VAR #94-18, BY TIMOTHY STRONG FOR STRONG BUI'LT 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): Mr. Burns, City Manager, stated that a one-year extension has been requested on this variance which would allow construction of two single story homes. He stated that construction is to begin on one of the homes in early September, 1995. APPROVED A ONE YEAR EBTENSION OF VARIANCE REQUEST, VAR #94-18. 9. APPROVE LICENSE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND ANOKA COUNTY FOR CENTRAL AVENUE BIKEWAY/WALKWAY PROJECT NO. ST. 1994-9• Mr. Burns, City Manager, stated that this agreement identifies the City's responsibility for construction and operation of the bikeway to be constructed on the west side of Old Central from 69th Avenue south to Highway 65. He stated that the agreement also establishes the City's responsibility for removal or relocation of the bikeway if the road is widened f�r some future County project. � a �, FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28 1995 PAGE 5 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGIILAR AGENDA. 10. RESOLUTION NO. 50-1995 AUTHORIZING AGREEMENT WITH THE STATE OF MINNESOTA FOR THE LOAN OF HAZARDOUS MATERIALS EMERGENCY RESPONSE EQUIPMENT: Mr. Burns, City Manager, stated that the Fridley Fire Depart- ment has been identified as a Chemical Assessment Team by the Minnesota Department of Public Safety and covers Anoka, Isanti, Kannabec, and Chisago Counties. He stated that Fridley deploys three firefighters to do the assessment, and he expects to enter into a two-year contract with the State of Minnesota in September. He stated that under the terms of the agreement, the City gets $40,000 a year,from the State, along with the equipment that is listed in the equipment loan agreement. He stated that examples of this equipment are monitoring and detection equipment, personal protective equip- ment, a Chevrolet suburban, an equipment trailer, and a library with reference documents and computer software. He stated that there is no cost to the City for the equipment. The costs for maintenance and storage will be billed to the state. ADOPTED RESOLUTION NO. 50-1995. 11. APPROVE ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND SKYLINE VETERINARY HOSPITAL: . 12. Mr. Burns, City Manger, stated that is August 1, 1995 to July 31, 1996 an increase in the boarding fees i day with fifty percent returned to percent. He stated it is expe< collected in impound fees over thi half would be kept by Skyline. HE to a 4.8 percent increase. He the term of this contract He stated that there is rom $9 per day to $12 per the City, rather than 100 ted that $1,450 will be � contract period and one- stated that this equates stated that the contract remains the same at $15,000 per year. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGIILAR AGENDA. APPOINT FRIDLEY REPRESENTATIVE TO THE BOARD OF THE NORTH SUBURBAN CONSUMER ADVOCATES FOR THE HANDICAPPED: Mr. Burns, City Manger, stated that Roger Blohm has resigned as Fridley representative to this Board, and their Executive Director recommends the appointment of Jackie Wagner. APPOINTED JACRIE NAGNER AS THE FRIDLEY REPRESENTATIVE TO TAE BOARD OF THE NORTH SOBIIRBAN CONSIIMER ADVOCATES FOR THE HANDICAPPED. FRIDLEY CITY COUNCIL MEETING OF AIIGIIST 28, 1995 PAGE 6 13. CLAIMS• APPROVED CLAIMS NO. 63629 THROIIGH 63890. 14. LICENSES• APPROVED THE LICENSES AS SIIBMITTED AND AS ON FILE IN THE LICENSE CLERR�S OFFICE. 15. ESTIMATES• APPROVED THE ESTIMATES, AS FOLLOWS: Dermco Construction Company 2837 Aldrich Avenue South Minneapolis, MN 55408 Tennis & Basketball Court Color Coating & Overlay Surfacing Project No. 284 FINAL ESTIMATE . . . . . . . . . . . . . . . $ 8 , 067 . 3 0 ' 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 Manth of July, 1995 ....$10,203.75 Councilwoman Jorgenson requested that Items 1 and 11 be removed from the consent agenda and placed on the regular agenda. Councilman Billings requested that Item 9 be removed from the consent agenda. There were no comments form the audience regarding the consent agenda items. MOTION by Councilman Schneider to approve the consent agenda items, with the exception of Items 1, 9, and 11. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28, 1995 PAGE 7 ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addi- tion of Items 1, 9, and 11 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. OLD BUSINESS• 16. 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 O� A THREE SEASON PORCH, GENERALLY LOCATED AT 8095 RIVERVIEW TERRACE N.E. (TABLED AUGUST 14, 1995) �WARD 3): Mayor Nee removed this item from the table. He stated that the Appeals Commission has recommended denial of this variance. Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the front yard setback from 35 feet to 25 feet to allow the construction of a 10 foot by 14 foot three season porch on the front of the home at 8095 Riverview Terrace. Mr. Fournier, the petitioner, stated that they wish to construct this three season porch to their home so that they would have a view of the river. Councilwoman Bolkcom stated that she has a problem with the addi- tion to the front of the home because it is not a typical addition. She stated that usually this type of addition is to the side or rear of a home. Mr. Fournier stated that it may be setting a precedent, but he felt this addition to the home would look nice. Councilman Schneider stated that he did not find any specific hard- ship, which is the criteria for a variance. Mr. Fournier stated that he retired last year. This addition would allow him more light exposure, and he would be able to have a view of the river. MOTION by Councilwoman Bolkcom to deny Variance Request, VAR #95-16. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Bolkcom, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a four to one vote. FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28, 1995 PAGE 8 1. ORDINANCE NO. 1055 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.L (WARD 2): Councilwoman Jorgenson stated that a number of individuals have inquired when this lot would be up for sale. She stated that she understands this lot will be given to the Housing and Redevelopment Authority and then sold. She inquired if signs have been construc- ted for placement on the sites that have been declared surplus. Ms. Dacy, Community Development Director, stated that the signs have been completed and will be placed on the sites available for sale. Councilwoman Jorgenson stated that her concern was that the public knew these sites were available for development. MOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 1055 on the second reading and order publication. Seconded by Councilwoman Bolkcom. Councilman Billings stated that when the south 35 feet of this lot was sold, he believed an easement was retained and felt that an easement should also be retained an this lot. MOTION by Councilman Billings to amend Section 1, paragraph 2 of this ordinance by changing and adding the following after Lot 3: Replace the period with a comma and add: subject to an easement to the City of Fridley along the easterly five feet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that on the north property line of this property there is a fence and asked if the property owner to the north was contacted and notified that the fence is on the property that is to be sold. Mr. Hickok, Planning Coordinator, stated that staff discussed the fence with the property owner to the north. The fence posts have been moved and are no longer at the location shown on the survey. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 9. APPROVE LICENSE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND ANOKA COUNTY FOR CENTRAL AVENUE BIKEWAYIWALKWAY PROJECT NO. ST. 1994-9- Councilman Billings stated that as the plans are completed for this bikeway/walkway the County may, at some future date, want to widen Central Avenue. Iie stated he felt that in constructing this � FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28 1995 PAGE 9 bikeway, the County should take into consideration the required distance of ten feet from the curb line so if, in the future, this road is widened, it would not be necessary to relocate the bikeway/walkway. He stated he understands that, if possible, the residents' plantings in the right-of-way will be preserved. Councilman Schneider stated that there was a lot of controversy over this particular bikeway, and every reasonable attempt should be made to avoid removal of residents' shrubbery and landscaping. MOTION by Councilman Schneider to approve the license agreement between the City and Anoka County for the Central Avenue Bikeway/ Walkway, Project No. ST. 1994-9 and authorize the Mayor and City Manager to execute same. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVE ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND SKYLINE VETERINARY HOSPITAL: Councilwoman Jorgenson stated that with the rising prices of boarding animals, she felt that a licensing fee for cats should be considered if the City increased the licensing fee for dogs. She stated that the license fees are not enough to cover the cost of boarding stray animals. She stated that cats that are adopted should be licensed the same as dogs. Councilman Billings stated that there is a leash law for cats as well as dogs. He felt that this is not adhered to and if there was a license fee for cats, it would also probably be disregarded. Councilwoman Jorgenson stated that her concern is to cover the City's costs. Councilman Schneider stated he did not believe that a license fee of $2.50 for cats would cover any costs. MOTION by Councilman Billings to approve the animal control contract between the City and Skyline Veterinary Hospital and authorize the appropriate officials to execute same. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS' 17. VARIANCE REQUEST, VAR #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): Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the setback of a sign from a property line FRIDLEY CITY COUNCIL MEETING OF AIIGUST 28, 1995 PAGE 10 from 10 feet to 0 feet. He stated that the Appeals Commission recommended approval of a variance to reduce the sign setback from 10 feet to 4 feet, with a stipulation that the petitioner execute and record against the property a hold harmless agreement indemni- fying the City and the County from liability should repairs be needed to the utilities below the sign location. Mr. Hickok stated that staff reviewed five other alternatives that would not require a variance; however, there are certain locations that would be a hardship because of the trees. He stated that staff recommends concurrence with the recommendation of the Appeals Commission. Mr. Kitterman, the petitioner, stated he believed that a four foot variance would be satisfactory, and he would trim the trees for better visibility. He stated that he does not feel that a hold harmless agreement is needed, as he does not want to be held responsible for replacing his sign if a contractor cannot stay away from secured property. He stated that there will only be one vertical post supporting the sign, and it seems that a contractor working in the area should be able to support the sign. Mr. Herrick, City Attorney, stated that he did not feel a hold harmless agreement was necessary. He felt. that an agreement in writing was necessary stating that if it becomes necessary to excavate for the underground pipe and if the City Engineer or City contractor determines it is necessary to move the sign, the City would give reasonable notice to the property owner, and the property owner would agree to remove the sign while the excavation is taking place. MOTION by Councilman Schneider to grant Variance Request, VAR #95-20, to reduce the setback of a sign from a property line from 10 feet to 4 feet, with the stipulation that the property owner enter into an agreement to be drafted by City staff to the effect that the City would provide reasonable notice, except in the case of an emergency, and the petitioner would remove the sign prior to any excavation and replace the sign after excavation. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. REZONING RE4UEST AND VACATION REQUEST FOR KARL AND MARGARET SCHURR FOR MINCO PRODUCTS: • Ms. Dacy, Community Development Director, stated that Karl and Margaret Schurr are in the audience. They wish to comment on their plans and the reason for the rezoning request for which a public hearing is scheduled for September 11. Mr. Schurr stated that he wished to address Council about his future expansion plans. He stated that the public hearing will be held on the rezoning for Minco Plant #2. He stated that they have FRIDLEY CITY COIINCIL MEETING OF AOGIIST 28, 1995 PAGE 11 another building planned, Minco #3, which is already in the proper zoning of heavy industrial. He stated that the main reason for the rezoning is to be able to construct the parking lot for the pro- posed addition. 18. MOTION TO CONVEY FOUR CITY-OWNED LOTS TO THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY: Ms. Dacy, Community Development Director, stated it is recommended that Council convey ownership of four lots to the Housing and Re- development Authority. She stated that the first parcel is located on Polk Street; the second parcel is in the Riverview Heights area acquired by tax forfeit and the vacation of right-of-way; and the. other two parcels are located in the Hyde Park area. Mr. Herrick, City Attorney, stated that he has no problem with conveying ownership of these lots to the Housing and Redevelopment Authority, but he felt the legal description for Parcel 4 should be more detailed. Ms. Dacy stated that Council could approve the parcel descriptions, as submitted in Exhibit A, but when the title is deeded, the de- scription may have to be revised and be more detailed. MOTION by Councilman Schneider to authorize conveyance of the following lots, as described in Exhibit A, to the Housing and Redevelopment Authority and authorize the Mayor and City Manager to execute the necessary documents: Parcel 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; Parcel 2: Lot 26, Block C, Riverview Heights, Anoka County, Minnesota, and that part of all of the vacated Broad Avenue N.E., lying southerly of the westerly exten- sion of the southerly line of said Lot 26, subject to an easement to the City of Fridley for bikeway and walkway purposes; Parcel 3: Lots 27 and 28, Block 12, Hyde Park; Parcel 4: Vacated egress road from T.H. 47 lying over Lots 29 and 30, Block 12, Hyde Park. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, requested Council view a short video on Clean-Up Week. Mr. Burns reviewed the items to be discussed at the August 29 Conference Meeting. Mr. Burns provided an update on the meeting with the County representatives regarding the Rottlund development, as requested by Councilman Billings. He stated that the meeting was attended by Anoka County Commissioners McCarron and Kordiak, County Engineer Jon Olson, Mayor Nee, Barb Dacy, John Flora, and himself. FRIDLEY CITY COUNCIL MEETING OF AIIGIIST 28, 1995 PAGE 12 Mr. Burns stated that the issue of traffic counts on Mississippi Street was discussed. He stated that the County Engineer, Mr. Olson, disagrees with the projections presented by Rottlund's traffic consultant, BRW, Inc. He feels that there will be less traffic after the development than there was before the Rottlund development. Mr. Burns stated that alternatives were discussed including using the existing intersection at Third and Mississippi Streets. He stated that there was some resistance from the County Engineer, as he would still like channelization. He stated that there was discussion about widening Third Street to which the County Engineer did not agree. He stated that channelization was discussed at the existing Third Street location to avoid the cost of upgrading the Holly Center ingress and egress which would result in a reduced cost. He stated that there was discussion about whether or not the County would be willing to participate in that cost. He stated that there was not consensus among the County representatives. They may consider participation, but the issue was not resolved. Mr. Burns stated that one of his concerns is to stimulate the developer's participation if the existing Third Street will be used for access to Rottlund's development. He stated that there was discussion if, in the future, channelization needs to be done how it would be funded. He stated that the County felt it should be a cost sharing responsibility, and the City felt the County should be responsible. Ms. Dacy stated that it was agreed the City would get back to the County within the next ten days, and a potential request may be for funding on the Third Street option. She stated that this would be discussed in September with the County committees. Mr. Burns suggested that perhaps contacts should be made with the owners of Holly Center to review the benefits of stacking space and to try and encourage their participation. He stated that he believed it is important to talk to the developer about their participation in any improvements, and it would pave the way of returning to the County and seeking the County's participation. Mayor Nee stated that the meeting began underscoring that this is an exploratory discussion. He stated that, at this point`, further discussion and research is needed. He stated that the County was totally opposed to a four-way stop. Councilwoman Bolkcom asked why the County was opposed to a four- way stop. Mr. Burns stated that the warrants for a four-way stop were harder to meet than for signalization. Councilwoman Bolkcom felt that the County's main concern is that they would need to tear up Mississippi Street. � � � P FRIDLEY CITY COITNCIL MEETING OF AUGUST 28, 1995 PAGE 13 Mayor Nee felt that the most promising route would be to use the existing Third Street. He stated that Mr. Olson said if the exit is expanded for several lanes, he would have to go through the whole permit process and would recommend against it if it came before the County committee. He stated that Commissioners McCarron and Kordiak seemed to be in agreement. He stated that if, in the future, the situation was indeed a hazard, the question would be reopened and include some formal distribution of cost. He stated that Mr. Olson was not in favor of this, but both Commissioners were receptive. Councilman Billings asked the status of the Rottlund development and if they will be at the Council meeting on September 11. Ms. Dacy stated that Rottlund plans to be at the September 11 Council meeting; however, the density issue needs to be resolved. She stated that, in regard to the street issue, Rottlund has agreed with Council's approach. Councilman Billings stated that it seems the density issue is really what may delay the plans rather than the roadway. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bo].kcom. 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 28, 1995 adjourned at 9:02 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor � �% Community Development Department u PI.ANNING DIVISION City of Fridley DATE: September 7, 1995 � TO: William Burns, City Manager A`1f qr FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitlecl "Zoning", by Amending Section 205.25.08.C, and Repealing Section 205.24 and Adopting a New Section 205.24, Creating Floodplain Regulations The City Council approved the first reading of the proposed ordinance at its August 28, 1995 meeting. Staff recommends that the City Council approve the second reading of the attached ordinance. MM/dw M-95-474 1.01 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED ��ZONING��, BY AMENDING SECTION 205.25.8.0 BY 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 (4) The following agencies shall be notified of all variance requests to the above setback requirements: The Minnesota Department of Natural Resources and Environmental Quality 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. 1.02 3. 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 landing strips. (3j 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 1.03 , 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 building 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, str-uctures 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 �.Q4 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 hunaan, 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 1.05 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 1.06 (c) The Special Use shall be pernaissible 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 constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides 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: (1j All structures, including accessory structures, must be elevated on iill 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 �xtend 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 ne� exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with Section 205.24.04.B.(1).(c). (3) The cumulative placement of fill where at any one time in excess of one-thousand (1,000) cubic yards 6 1.07 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 Protectian 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 subje�t to the following additional standards: (a) The structure's design and as-�uilt condition must be certified by a registered professional enginee� 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 se�vice facilities must be at or above the Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Above-grade fully enclosed areas such as 7 � � . 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 other 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 shall not be allowed below the Regulatory Flood Protection 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 shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the : 1.09 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. (4) 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 must 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 other qualified individual acceptable to the City. The plan may incorporate alternative procedures for removal of the material from the flood glain if adequate flood warning 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 specify limitations on the period of use of occupancy of the structure for times of flooding and only after G� 1.10 determining that adequate flood warning time and Iocal 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 e�ployees 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 especially 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. (4) Fill 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 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. (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 on the Official Zoning Map. (6) Standards for travel trailers and travel vehicles are contained in Section 205.24.07. 10 1.11 6. (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. USES PERMITTED GENERAL FLOOD PLAIN DISTRICT (CRP-3j A. B. 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. Floodway and Flood Fringe Determinations Within the General Flood Plain District. (i) 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 1.12 (c) Profile showing the slope of the bottom of the channel 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 e}cpert 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 Hydrologist 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 expert to the City. The City must fornaally 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 1.13 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 VEHICLES A. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed 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) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium type associations. 13 1.14 and they meet the following criteria: (a) Have current licenses required for highway use. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium 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 exceeding $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 expansion 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 1.15 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) AlI 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. AII 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 1.16 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. Public 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 flood Protection Elevation. B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood 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 heaZth 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 ADMINISTRATION 16 1.17 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 ease�ents, 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 flooding 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 1.18 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: (aj 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 nonconforming 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. (�j Prior to granting a Permit or processing an application for a Special Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. (d) It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, in its use of structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this 18 1.19 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. (fj 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 (1) 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 made by an administrative official in the enforcement or administration of this Ordinance. (3) The Commission may authorize upon appeal in specific 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 1.20 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 Cammission 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 of 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 also Minnesota Statutes. 20 1.21 (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 shail 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.i2. 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 1.22 (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-proofinq 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 e�ert 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 Special Use applications, the Commission shall consider all relevant factors specified in other sections of this Ordinance, and: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. 22 1.23 (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. (e) 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 proposed 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 followinq: (a) Modification of waste treatment and water 23 1.24 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 Building 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 �his 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 1.25 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 iabor. 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 nonconfonaing 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 nonconforming 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 t�e 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 Usesj 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 � 1.26 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 Zoninq 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 specified time periad 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) If 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 1.27 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. Al1 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. ATTEST: WILLIAM A. CHAMPA, CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: August 14, 1995 First Reading: August 28, 1995 Second Reading: Publication: 27 1.28 TO: WILLIAM W. BURNS, CITY 11�NAGER� �I�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR pAUL S. HANSEN, STAFF ACCOUNTANr SUBJE�: RESOLUTION ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 1996 DATE: August 29,1995 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the "proposed" 1996 Preliminary Draft Budget. Chapter 275 requires the City to certify a"proposed" budget to the County Auditor prior to September 15. We request the City Council pass the attached resolurion and adopt the 1996 "Proposed" Budget. RDP/ph Attachment 2.01 RESOLUTION NO. - 1995 A RESOLUTION ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 1996 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes �equires that the City shalt adopt a proposed budget before September 15; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that such 'proposed" budget be certfied to the County Auditor; NOW THEREFORE, BE IT RESOLVED that the following 'proposed' budget be adopted and approved: GENERAL FUND Taxes and Special Assessments: Current Ad Valorem Delinq�rrt, Penalties, Forteited Special AssessmeMs Licenses and Permits: Licenses Permits Ir�tergovemmental: Federal State - Homestead and Agriculture C�edit Aid Local Govemmerrt Aid Aii Other Charges for Services HRA Water Fund SewerFund Storm Water Fund Liquor Fund Cable N Fund Construction Funds Fines and Forfeiis Interest on Investrnents Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets Closed Debt Service Fund Liquor Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve ESTIMATED REVENUE $3,70:i.641 75,344 2,530 152,1?2 382,827 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 TOTAL GENERAL FUND $9.758.126 2.�2 Legislative: City Cow�cil Planning Commissions Other Commissions City Managemerrt: General Managemerrt Personnel L,egal Finance: Electiot�.s Accourrting Assessing MIS City Clerk/Records Police: Police Civil Defense FKe: Fre ReMal Housing tnspections Public Wo�lcs: Civic Cente� Engineering Lighting Park Mair�tenance Strcet Mairrtenance Rec��tion: Recreation Naturalist Community Devetopment: Building Inspection Planning Reserve: Emergency NondepartrneMal: APPROPRIATIONS $95,183 3,518 6,961 311,137 47,454 252,700 23,216 543,006 117,203 159,140 109�523 3,173,037 9,850 703,707 93,917 189,961 441,347 192,900 652,096 1,121,417 569,519 210,229 222,646 334,208 100,000 74,251 59.758.126 SPECIAL REVENUE FUNDS Cable TV Fund Grarrt Management Fund Solid Waste Abatemerrt Fund Housing Revrtal'izaY�on Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS Capital Improvement Fund Taxes – Current Ad Vabrem Interest on Invesbner�ts Donations State Aid Const�uction Fund Balance $101,389 204,976 228,029 250,000 29,069 ss, s.ass $85.550 General Capital �mprovement 271,036 Stree,�s Capital Improvement 10,000 Parks Capital Improvement 650,000 312,054 TOTAL CAPITAL PROJECTS FUNDS �1.328.640 AGENCY FUND Six Cities Watershed Fund Taxes – Currerrt Ad Valorem TOTAL AGENCY FUND TOTAL $3.911 ss.s„ 511.904.140 $116,606 208,674 238�183 250,000 sst s.ass $63,000 933,540 332.100 s, .s2s.sao $3.911 as.s�, 511.904.140 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF SEPTEMBER, 1995 — ATTEST: WI WAM A. CHAMPA - CITY CLERK 2.03 WIWAM J. NEE - MAYOR TO: WILLIAM W. BURNS, CITY 11�NAGER �(�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR PAUL S HANSEN, 5TAFF ACCOUNTANT SUBJECT: RESOLUTION CERTIFYING "PROPOSED" TAX LEVY REQUIREMENTS FOR 1996 TO THE COUNTY OF ANOKA FOR COLLECTION DATE: August 29, 1995 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is a resolution certifying "proposed" tax levy requirements to the Anoka County Auditor. Chapter 275 requires the City to certify it's "proposed" tax levy requirements prior to September 15. The 1996 "proposed" tax levy of $3,897,629 represents a 6.2% increase over the 1995 certified levy. This is a result of a four percent increase in the property tax levy and a four percent decrease in the Homestead and Agricultural Credit Aid. We request the City Council pass the attached resolution to certify the "proposed" tax levy requirements. RDP/ph Attachment 3.01 RESOLIITION NO. - 1995 A RESOLIITION CERTIFYING ��PROPOSED�• TAR LEVY REQIIIREMENTS FOR 1996 TO THE COUNTY OF ANORA WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify it's "proposed" tax levy requirements to the County Auditor; NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County Auditor of the County of Anoka, State of Minnesota, the following "proposed" tax levy to be levied in 1995 for the year 1996. GENERAL FUND General Fund CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division AGENCY FUND Six Cities Watershed Management Organization TOTAL ALL FUNDS $3,821,853 $ 72,689 $ 3,087 �,897,629 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF SEPTEMBER, 1995. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 3,02 r � � J DATE: TO: FROM: SUBJECT: Community Development Department PLANI�TING DIVISION City of Fridley September 5, 1995 William Burns, City Manager (,�� �� Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Extension of Special Use Permit Request, SP #94-10, by David and Patricia Younkin; 5401 Matterhorn Drive NE On September 19, 1994, the City Council approved a special use permit request, SP #94-10, to allow construction of a second accessory building over 240 square feet. The petitioners have not yet begun construction. Special use permits expire within one year of approval if construction has not begun. The petitioners have submitted a letter requesting a one year extension to their special use permit from the City Council: Staff recommends that the City Council approve a one year extension of special use permit, SP #94-10. MM/dw M-95-473 4.01 5401 Matterhorn Drive Fridley, Minn 55432 August 4, 1995 City of Fridley Barbara Dacy Community Development Director 6431 University Ave. N.E. Fridley, Minn 55432 Dear Ms. Dacy, We would like to request an extension of the time authorized for construction of our special use permit to construct an accessory building (garage) on our property. This permit was granted on September 19, 1994 and we were given one year to begin construction. It is still our intention to construct this building; however, we find we are unable to begin the work within the time frame allowed. With an approved extension of one year, we fully expect to construct and complete the accessory building, under the stipu- lations provided. Thank you for your consideration of this request. Sincerely, � � `Q �Z � � ��� a � . 4.02 _ _ _ C�� �F FRI DLEY � FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55�32 •(6121571-3450 • FAX (612)�571-1287 Augus# 7, 1995 David & Patricia Younkin 5401 Matterhorn Drive N.E. Fridley, NiN 55432 Dear Mr. & Mrs. Younkin: On September 19, 1994, the Fridley City Council approved a Special Use Pernut to allow construction of a second accessory structure over 240 square feet to be constructed on your property. This letter is to inform you that on September 19, 1995; your Special Use Permit will expire due to lack of.construction. If you do not wish to have your Special Use Pernut expire, please initiate construction or contact me in writing by August 28, 1995 regarding your need for an extension. I will then schedule your extension before the City Council at the September 11, 1995 meeting. If you have any questions regarding this issue, please feel free to contact me at 572-3593. Sincerely, Michele McPherson Planning Assistant �1� ��'1 C-95-192 cc: Deb Wolfe 4.03 \ _ CtTY OF �Rf DLEY FRIDLEY MUNlC1PAL CLNTER • 6431 UI�IVERSITY AVE. N_E_ FRIDLEY. MN 5i-1 �? •(612) 571-3450 • FAX t612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE September 22, 1994 David and Patricia Younkin ���.,� 5401 Matterhorn Drive N. E. $"�''qS� �s +'��"� �o+�af � Fridley, MN 55432 Dear Mr. and Mrs. Younkin: On September 19, 1994, the Fridley City Council officially approved your request for a special use permit, SP #94-10, to allow accessory buildings other than the first accessory building over 240 square feet on Lot 2, Block 6, Innsbruck North, generally located at 5401 Matterhorn Drive N.E., with the Cfollowing stipulations: l. The petitioner shall provide a hardsurface driveway by September l, 1,995. 2. The structure shall be architecturally compatible with the dwelling. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior'to the expiration date_ If you have any questions regarding the above action, please call me at�-2-3590. �nce�`ely , ��i� Barbara Dacy, AICP Community Development ' ector BD/dn 4.04 David and Patricia Younkin SUP September 23, 1994 Page 2 Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by October 7, 1994. Concur with action taken. 4.05 � � � � _ � I Community Development Department PLAIVNING DPVISION City of Fridley DATE: September 1, 1995 TO: William W. Burns, City Manager � � FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Extension of Special Use Permit Request, SP #94-12 and Variance VAR #94-20, by Monte and Michele Maher; 7965 Riverview Terrace N.E. On October 3, 1994, the Fridley City Council officially approved the request for a special use permit, SP #94-12, to allow an addition to a single family dwelling located in the flood fringe district on Lots 16 - 21 with exceptions, Block W, Riverview Heights, generally located at 7965 Riverview Terrace N.E. A variance was also granted by the City to allow a reduced rear yard setback of 30 feet, rather than the 40 feet required by Code. The variance was within previously granted parameters and the Appeals Commission unanimously approved the request. Consequently, the City Council was not required to act on that request. The petitioners have submitted a letter requesting a one year extension to their variance [special use permit] from the City Council. Staff recommends that the City Council approve a one year extension oE special use permit, SP #94-12 and variance, VAR #94-20. SH/sh M-95-479 5.01 � � , �� . �j � � � � � � % sJ � , �� / ,� i� . - i i 1 ii si� �—,,�- � _ _ < - CITY OF FRI DLEY - FRIDLEY MUN[C[PAL CENTER • 6431 UNIVERSITY AVE. N.E. ERIDLEY, MN 55432 •(6l2) 571-3450 • FAX (612) 571-i287 August 7, 1995 Monte & Michele Maher - 7965 Riverview Terrace NE Fridley, MN 55432 Dear Mr. & Mrs. Maher: � � On October 3, 1994, the Fridley City Council approved a Special Use Pernvt to allow construction of an addition to your single family home located in flood fringe district. This letter is to inform you that on October 3, 1995, your Special Use Pernut will officially expire due to lack of construction. If you do not wish your Special Use Permit to expire, please contact me in writing by September 3, 1995 regarding your need for an e�ctension, or initiate construction via a building pernut applica.tion. I will then schedule the extension for consideration by the City Council at the September 1 l, 1995 meeting. _ If you have any questions regarding this issue, please feel free to contact me at 572-3593. Sincerely, Michele McPherson Planning Assistant _ . - NIlVI:da � C-95-197 cc: Deb Wolfe 5.03 �z���� ��� � _ ��noF FRl DLEY FR[DLEY MUN[CIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 - FAX {612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Monte and Michelle Maher 7965 Riverview Terrace N.E. Fridley, MN 55432 Dear Mr. and Mrs. Maher: October 7, 1994 S 2• 1 S— L���a�le.r�' � 8 •�E�OIS Il.(o Ke� co.c,�9"' On October 3, 1994, the Fridley City Council officially approved your request for a special use permit, SP #94-12, to allow an addition to a single family dwelling located in the flood fringe district on Lots 16 - 21 with exceptions, Block W, Riverview Heights, generally located at 7965 Riverview Terrace N.E. with the following stipulations: �1.y The petitioner shall submit an elevation certificate prior � to the foundation being capped which shall verify that the minimum first floor elevation is 824.00. 2. The petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. 3 The petitioner shall dedicate a 15 foot flood control and street easement along the Riverview Terrace property line. ��. (4�� The petitioner shall execute and record against the property �y� a hold hariuless agreement indemnifying the City from liability as a result of flood damage. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. 5.04 Monte and Michelle Maher October 7, 1994 Page 2 If you have any questions regarding the above action, please call me at 572-3599. Sin rely, �:Z� c t Hic k � ning`Coordinator SH:da Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by October 21, 1994. , • Concur with action taken. �: - .' sw.:._ , . 5.05 �,, � TO: FROM: DATE: SUBJECT: En9ineerinq Sewer Water Parks Streels ��tainfenance William W. Bums, City Manager �i�� �� � John G. Flora,�ublic Works Director � Jon Wilczek, Assistant Public Works Director September 11, 1995 Washington Street Water Main Repair Project No. 272 PW95-240 Bids were opened on Wednesday, August 31, 1995 for the Washington Street Water Main Repair Project No. 272. The 1994 budget allotted $25,000 for this project. This project was bid in 1994 with a low bid of $48,SOOt or $23,500 over budget. The City Council rejected all the bids at their October 3, 1994 meeting. Although it was felt that the bids were somewhat high, it was realized that $25,000 was not enough to pay for the project. The $25,000 budgeted allotment was to have been increased to $50,000 in the 1995 budget, but due to an inadvertent enor, was left at $25,000. Specifications and plans were sent to 10 planholders with five submitting bids. The low bid was submitted by Penn Contracting, Inc. in the amount of $39,765. The cost for the Well No. 3 project is currently $40,000 less than budgeted for 1995. We propose to transfer $14,765 from the Well No. 3 project and still be within the 1995 Water Capital Improvement budget amount. Recommend City Council receive the bids and award the Washington Street Water Main Repair Project No. 272 to Penn Contracting, Inc. In the amount of $39,765. Jw/JGF:cz Attachment 6.01 IV � u •_ ..�. � BID FOR PROPOSALS WASHINGTON STREET WATER MAIN REPAIR, PR.OJECT NO. 272 WEDNESDAY, AUGUST 31, 1995, 10:00 A.M. >::. ,:::::>:;, ;:<.::> :.>::>::>::» ;: ::>: >:::: ::;>;;: . .: , ;. ::.:. , ........... ::. ;:. P�.ANt�(��:Q�R ; ;�:>::::.: °:::::�[ABQ�1[� ;:..;> <:>.»:> C7 :l- > . ' �Q.. ���T...:::>:::: Penn Contracting Inc 5% Inland Ins $39,765 1697 Peltier Lake Dr Centerville MN 55038-9773 Bonine Excavating Inc 5% Granite RF $48,546 12669 Meadowvale Rd Elk River MN 55330 Volk Sewer & Water 5% United $60,564 8909 Bass Creek Court Brookt n Park MN 55428 H&M Asphalt Company 5% US Fidelity $61,660 6701 Norris Lake Rd Elk River MN 55330 Northdale Construction 5% Great $72,797 14450 Northdale Blvd America Ro ers MN 53374 Blake Drilling Co Inc NO BtD 10604 Radisson Rd NE Blaine MN 55449-5220 Davies Water Equipment Co. NO BID 4010 Lake Breeze Ave N Minnea olis MN 55429 Driveway Design NO BID 4810 W Medecine Lake Dr PI mouth MN 55442 Minnesota Pipe & Equipment - NO BID P O Box 250 Farmin ton MN 55024 Waterpro NO BID 15801 W 78th St Eden Prairie MN 55344-1894 6.�2 . - , - � �; ,. ,_ ` 7; � ��_. :L� ���E PROJECT LO�ATtON I __"_. . .�_._ .i`! PI\�. 1 ; � ���_� � � - \\ PIV a1V Y \ :� l'1 / 1 O � � . 7�.. 2 >—� 7 � _ - --� ' _ — _ �. � . ' ' _ " ' � _ _ _� � � _ _ � _ ' _� ' ,0•• 71 S T AvE. ' . , • . � � � a• _ t � � .. - oi , . * n � � �� - U ' � IC . � ,2- we��s �o. �oe�i REMOVE & REPLACE - ` sn O FILTRATION PCANT EXIST�VG WATERMAIN , � 9TH 6~ Il�c. KE. " _ .' � , � � � CREEK F)~ {�' ' ` - I�J _'_____—�� I �; N � ° � ' '. J j � � i m � W � �� r M � �,Y, _ i�y oaVOORA ' 6 W .� Y e _ --� W � W ' � ` W U � t U r ! � V � II ; " .� � � � ; PROJECT� � � o�eRTO« 6"-- �` � ,� ; �, I�IMITS N e _ � :", � p ,�e`` ,� T 6 b W _ 1 ~r ~ . ~��• y W � - � " � _ � � ' a' s � � r�„ � W , f N ' ~ .~ Z � � �4� 1 f� . / ( __�f �J � �. " i " � b . a �.; - ;, , ; _ ' _ �o W / (� �= W �r-� ♦ `'•\ sw ' PRO j .Z y -- �ir'-_ " r � : � •. � c/k �� ��� - � / �o a �� ~ -. p_ _- . a .V � •• N ((� `' • , W �M.-.�S W . � _ - 1. O W � f � 6M �•'� —> � �. �� � � � < « '� ' � � — - 6 �l N , ` 6 W – ---.. �-- • ( . ``.� oT TH • AVENUE / �� . � j NNVIMUM 7FT BURY DEPTH FOR fip ,—f j � VIp1TERMAMi AND SERVICES � �.. � (w L�• PIACi j = SN 6TH . NU . N.E. ' S.• � � 6 6TH AVEfN1 � n . - �4" 10" �IAiS�ifSS�PI STREET NE � c�ov¢R --- � w��S:SS�Pj" � STREET , + ap 6 4 � i - _ ' S� - _ _ � �' �� � � � 1 BFfINETT 6~ _ ORIVE W �,, �r � � W W t. �.,, � r . /� � �_ W � ' vl � �N ■ F C � F W W � � .� � „ W `'. - W V' I . 1 . � � cmr oF FRIDLEY GAS SERVICES Jakes Service Inc 1600 85 Avenue NE Spring Lake Park MN 55432 River Side Mechanical LLC 1410 98 Ln NW Coon Rapids MN 55433 �������� Jake Pyles Kipp Knuteson GENERA.L CONTRACTOR-COMMERCIAL Holle Construction Co 1855 Melrose Ave S St Louis Park MN 55425 Jef Holle Wells R L Construction Rt b Box 246 Mankato MN 56001 Randall Wells GENERAL CONTRACTOR-RESIDENTIAL Krabbenhoft Curtis Co (20012545) 10540 6 St NE Blaine MN 55434 Curtis Krabbenhoft Wm Woods Construction Co Inc (8737) 7728 Knollwood Dr Mounds View MN 55112 William Woods HEATING Efficient Air Control 15411 Terrace Rd Ham Lake MN 55304 William Sandager River Side Mecha.nical LLC . 141098LnNW Coon Rapids MN 55433 - . Kipp Knuteson � 8.02 BOB ROACH Acting Bldg Ofcl Same BOB ROACH Acting Bldg Ofcl Same STATE OF MINN Same BOB ROACH _ Acting Bldg Ofcl Same - _ PLUMBING Plymouth Plumbing 6909 Winnetka Ave N Brooklyn Park MN 55428 Cordell Johnston STATE OF MINN Thielbar Plumbing Co Inc 2b599 Xingu Street NE Stacy MN 55079 Scott Thielbar Same 8.03 U � � Community Development Department PL�NG D�SION City of Fridley DATE: September 7, 1995 � TO: William Burns, City Manager �t� LJ' FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Plantiing Assistant SUBJECT: Public Hearing Regarding Rezoning Request, ZOA #95-05, and Vacation Request, SAV #95-03, by Karl Schurr of Minco Products, Generally Located at 7321 Commerce Lane NE The Planning Commission conducted a public hearing regarding the rezoning and vacation requests by Minco at its August 16, 1995 meeting. The Planning Commission unanimously recommended that the City Council approve both requests. There are no outstandinq concerns regarding the rezoning request; however, the City will need to process a minor amendment to the Comprehensive Plan, as-` the land use plan designates the parcels to be commercial. Located within the easement area to be vacated is an 8 inch sanitary sewer line. A condition of the vacation request is that the petitioner relocate the sanitary sewer line to provide services to the-vacant Hanna Magic Car Wash and the self-serviae car wash located a� the corner of 73rd and University Avenues. Staff is currently working with the petitioner to design an appropriate relocated sanitary sewer line. The petitioner�s first proposal was unacceptable to the City due to the minimal grades on the proposed lines. The petitioner is comYaitted to relocating the sewer line as required by the City. Staff recommends that the City Council conduct the public hearing. Staff also recommends that the first reading of the ordinances be scheduled for October 2, 1995 to provide adequate time for staff and the petitioner to cooperatively reach a solution regarding the sanitary sewer line. NII�I/dw M-95-478 10�0�1 DFSCRIPT ION OF REQUESI: The petitioner requests that Lots 16, 17, and 18, Blodc 2, Commeroe Park Addition be rezoned from G2, General Business to M-1, Light IndusiriaL The petitioner aLso requests that the 30 foot ut�lity easement lying along the north- south lot lines of Lots 16, 17, 20, and 21, BI«�c 2, Commeroe Park Addition and over the east-west lot lines of Lots 17, 18, 19, and 20, Block 2, Commeroe Park Addition be vacated (see attached map). The purpose of the requests is to fac�litate long term plannmg for the business awned by the petitioner, Minco; 7300 and 7321 Commerce Iane. SUMMARY OF ISSIJES• Rezoning Request t The rewning request meets the three criteria used to evaluate all rewning requests: ► The proposed use is oompatible with the proposed wnmg distrid. ► The proposed distrid i� compatsble with the surrounding uses and zoning. ► The proposed use meets the requirements of the proposed distrid. Vacation Request The petitioner will be required to relocate an 8 inch sanitary seuver line to provide service to two other busmesses. A new uUlity easement w�71 need to be dedicated over the relocated line. RECONIlITENDED ACTIONS• Rezoning Reques� Staff reo�mmends that the City Counc7 approve the rewnmg request with the follawing stipulations: 1. A minor amendment to the Cit3is Comprehensive Plan shall be approved prior to the issuance of a bu�ding Pemut• 2. The petitioner shall comply with the oomments in Jon W�lczek's memo dated August 10, 1995 prior to the issuance of a bu�lding pemut. 3. The petitioner shall submit a landscape plan oomplying with the requirements of the M-1, Laght Industrial Districz prior to the issuance of a bu�lding pernu� Vacation Reques� Staff recommends that the City Counc� approve the vacation request with the follawing stipulations: 1. The petitioner shall maintain sanitary sewer serviae to the businesses located at the �rner of 73rd and University Avenues. 2 The petitioner shall dedicate a 30 foot ut�7ity easement over the relocated sewer line. , 10.02 ZOA #95-OS and SAV #95-03 Karl Schun Page 2 PROJECT DETAILS Petition For: Rezoning to M-1, Light Industrial and Vacation of utt�ity easement Location � of Propertyt 7321 Commerce Lane Legal Description of Property: Lots 16-21, Block 2, Commerce Park Addition Siz� 236,100 sq. ft. {5.4 acres) Topography: Flat Existing Vegetation: Grass, some minor scrub trees Existing . Zoning/Platting. Commerce Park, platted 1955 Availability of Municipal Utilitie� Connec�ed Vehicular Access Commerce Lane, 73rd Avenue, West University Avenue Seivice Drive Pede.strian Acoess: West University Avenue B�ceway/Walkway (under construction) Ertgineering Issues: Re-routing of sanitary sewer line, stormwater drainage Site Planning Issue� Z 10.03 0 ZOA #95-OS and SAV #95-03 Karl Schurr Page 3 DEVELOPMENT SITE Company History Minco was incorporated in 1956 as an engineering Srm designing and building precision electromechanical devices. The company was located in Minneapolis. In 1968, Minco construct�d its first facility in Fridley, located at 7300 Commerce Lane (Plant 1). Additions to this facility occurred in 1975, 1984, and 1985. In 1972, Minco purchased the bu�ding at 7321 Commerce Lane, now lmown as Plant 2. This building was built in 1968 by another company. Minco contains three divisions, each producing their own product lines: temperature sensors and temperature instruments, heaters and heater assemblies, and flex circuits. Minco has been planning Plant 3, proposed to be located south of Plant 1 for the last year (see attached map for plant locations). The purpose of the rezoning and vacation requests is to allow master planning for bu�ding additions to Plant 2 to occur. Minco owns the properiy to the south and east of Plant 2(see map). Rezoning Request The property owned by Minco is comprised of Lots 16-21, Block 2, Commerce Park Addition. Plant 2 is located on Lot 20. Lots 19-21 are zoned M-1, Light Industrial. Lots 16-18, located east of Plant 2, are zoned G2, General Business. These lots are proposed to be rezoned to M-1, Light Industriai. Minco proposes to expand Plant 2 to the east if the rezoning request is approved. Evaluation of Rezoning Criteria Compatibility of the Proposed Ilse with the Propared District The proposed use is for manufacturing and office purpo5es. Manufacturing and office are permitted uses in the M-1, Light Industrial District The use, therefore, is compatible with the proposed distric�. Compatibility of the Proposed District with Adjacent Uses and Zoning The proposed district, M-1, Iight Industrial, is compatible with the adjacent uses and zoning. It is a continuation of the e�sting zoning. The parcels to the west are zoned M-1, Light Industrial, with Minco Plant 2 located there. The parcels to the north are "split" zoned. The north-south lot lines separate the Light Industrial District from the General Business District (see attached map). There is a manufacturing use located on the industrial zoning and a three story office building on the commercial zoning. Parcels to the south across 73rd Avenue are zoned M-1, Light Industrial. A multi-tenant industrial building with a variety of uses is located on the parcel. Located on the comer of 73rd and University Avenues is the vacant Hanna Magic Caiwash (now tax forfeit), and a four stall self-serve can�vash. Both of these parcels are zoned G2, General Business District. 3 10.04 ZOA #95-OS and SAV #95-03 Karl Schurr Page 4 The petitioner has submitted preliminary concept plans for the proposed expansion to Plant 2. While an expansion to an existing manufacturing bu�ding, the proposed footprint indicates a commercial feel to the design. The southeast wall of the structure is cuived to follow the right of way line of the West University Avenue Seivice Road. Careful aitention to detail on the facade will promote a commercial feel to the industrial building, increasing its compatibility with the office building to the north. The 1990 land use plan designates the land use as commercial. A minor amendment to the Cit}�s comprehensive plan is required. This amendment will need to be approved by the Metropolitan Council. **Stipulation** A minor amendment to the City's Comprehensive Ptan shall 6e apprnved prioc to the issuance of a buitding permi� Compliance of the Proposed Use with the Propased Dist�ict Requirements Setbacks The preliminary site pian meets the setback requirements of the proposed distric.t. No variances are required or are being requested. Parking w�l be provided along 73rd Avenue between Commerce Lane and the West University Avenue Seivice Road. This parking area will contain 167 parking spaces. Based on the proposed use of the bwlding, 257 total patl�ng spaces are required. An additional 61 spaces e�st north of the existing Plant 2. Another 31 spaces are proposed norkh of the proposed expansion area. The total bu�ding co�verage is 26%, well below the 40% permitted by code. Drainage The petitioner has indicated a large detention pond on the north part of Lot 21. This pond has been designed to handle the stormwater from the proposed expansion and its parking azeas. Jon Wilczek, Assistant Public Works Director, has reviewed the drainage plan and calculations, and his comments are attached. **Stipulation** Landscaping The petitioner shall comply with the comments in Jon Wilczek's memo dated August 10, 1995 prior to the issuance of a building permit The petitioner has not submitted a landscape plan at this time. The petitioner will be required to comply with the landscape requirements of the M-1, Light Industrial Distrid. **Stipulation** 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 4 10.05 ZOA #95-OS and SAV #95-03 Karl Schurr Page 5 Vacation Request A thirly foot utility easement is located over the common property lines between the subject lots. The petitioner is requesting that this easement be vacated in order to allaw expansion of the bu�ding. An 8 inch sanitary sewer line seivicing the Hanna Magic and Self-Serve Carwash is located within this easement The petitioner is propc��ing to relocate this sewer line to the east to provide sen+ice to the other properties. The petitioner will be required to dedicate a new easement over the relocated sewer line. No other utilities aze located within this easement **Stipulation** The petitioner shall maintain sanitary sewer service to the businesse.s located at the corner of 73rd and University Avenues, during and at%r relocation of the sewer lines» **Stipulation** liie petitioner shall dedicate a 30 foot utility easem�t over the relocated sewer line. RECOMMENDATION: Rezoning reques� Staff recommends that the Planning Commission reoommend approval of the rezoning request to the City Counc� with the following stipulations: 1. � 3. A minor amendment to the Qit�s comprehensive plan shall be appraved prior to the issuance of a bu�ding permit The petitioner shall comply with the comment� in Jon Wilczek's memo dated August 10, 1995 prior to the issuance of a bu�ding permit The petitioner shall submit a landscape plan complying with the requirements of the M-1, Light Industrial District prior to the issuance of a bu�ding permit Vacation request: Staff recommends that the Planning Commission reoommend approval of the vacation request to the City Council with the following stipulations: 1. 2. The petitioner shall maintain sanitary sewer seivice to the businesses located at the comer of 73rd and University Avenues, during and after relocation of the sewer lines. The petitioner shall dedicate a 30 foot utility easement over the relocated sewer line. AD.TACENT STI'ES WF.ST: SOUI'H: Industrial Zoning: Zoning: M 2, Heavy Industrial M-1, Light Industrial S 10,06 Land Use: Industrial Land Use: Mixed ZOA #95-05 and SAV #95-03 Karl Schurr Page 6 EAS'I': NORTH: Comprehensive Planning Issues: Public Hearing Comment� Zoning: G2, General Business Zoning: M-1, Light Industrial Zoning: G2, General Business b 10.0? Land Use: Carwashes Land Use: Industrial Land Use: Office ZOA ��95-05 and SAV ��95-03 Karl Schurr PL N 10.08 4 � ,: .... .... _.... . , .. ... ._ ........ ...................... ... .. TO: FROM: DATE: SUBJECT: Engineering Sewer Water Parks Sireets Malntenance Michele McPherson, Planning Assistant `"''Jon Wilczek, Asst Public Works D'uector August 10, 1995 PW95-211 Drainage Grading and Utility Review for the Minco Products Plant No. 2 Addition Stipulations for approval: (1) A Storm Pond Maintenance Agreement will need to be recorded with the property (2) A Hold Harmless Agreement will be necessary for any improvements on sewer easements (3) Install silt fencing at the toe of all exposed slopes (4) Proposed contr�ol structure for the pond being constructed in Phase 1 is not acceptable. The control orifice plate for controlling flow will have to be inside the manhole over the 12 inch outlet pipe where it is inaccessible or the catch basin casting will need to be bolted down. Prefer a steel plate to an aluminum plate. The present configuration makes it too easy for the orifice plate to be removed by anyone. Maintaining the outlet structure will be part of the pond agreement. (5) Before Phase 2 is started, plans will have to be provided for rerouting of the sanitary sewer. Also under Phase 2 a Pond Agreement would be needed for the �future pond The future pond would have to comply with all regulations that would be in place at the time of Phase 2 construction. JW:cz � 10.09 � ^ � .:. ::� ; :. ._ .:: < � � 5.,:.<: - . ..;. ::'. .:> <:,R� � � _ �������.y��:�►.�� - - � -.-.-.----- - - - -----... ��O���i` i�i O��-�� �i �� �%%i+; . ����� �� . ■ I . _ 1 �i i��� '. ��� i��� �,II� M� I ��'�� ` '�''i�i! � V � •• •��� / - - ■ %�� �S : ���0���! w ■` `���Q=t ��0����� � �' - ■ •i��� ' •���� .�S ■ !Oi�i1 ♦ �• 0��00� � ��`��i���� i :'�'��� ��i�� �atJ.•0:..❖.•.�.❖. fa . � �•••••••• ••••♦_ �