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07/22/1996 - 4858OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING JULY 22, 1996 ,� � FRIDLEY CITY COUNCIL MEETING ,�or `t�' ATTENDENCE SHEET Ma�.day �u,ey z2, 1996 '�:30 P.M. ,'--�EASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN �.: °�'�RiNT NAME (CLEARLY) ADDRESS r�.� � f- � " ,/ ; - � , ,� I ��j= � � J7 �% l3-S (`- ta'i,� 1 � `t � ! � �L�; "�? S� �' �_ i� � '� /�- ',� r7 a�G � - ,z.. ��;: �%;"s%r- v� — � . f� ITEM NUMBER �� t�/-��'vs� �a rr� !J IL �? u �°-tP� �� r � CffY OF FRIDIEY FRIDLEY CITY COUNCIL MEETING OF JI1LY 22, 1996 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color; creed, reli�ion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES; City Councii Meeting of July 8, 1996 APPROVAL OF PROPOSEfl CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the .Planning Commission Meeting of July 10, 1996 . . . . . . . . . . . . 1.01 - 1.15 Special Use Permit, SP #96-12, by Dat Tran, to Allow Accessory Buildings Other than the First Accessory Building, Over 240 Square Feet, Generally Located at 7300 East River Road N. E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.11 fRIDLEY CiTY COUNCIL MEETiNG OF JULY 22, 1996 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED�. Approve Comprehensive Sign Plan for The Gym, located at 6525 University Avenue N.E. (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.03 First Reading of an Ordinance to Repeal Ordinance No. 1062 Pertaining to Vacation of a Drainage and Uti(ity Easement (Industrial Equities, 73rd Avenue and Northco Drive) (Ward 1) . . . . . . . . . . . . 4.01 - 4.05 First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Industrial Equities, 73rd Avenue and Northco Drive) (Ward 1) . . . . . . . . . . . . . . . . . . . . . . 5.0'1 - 5.03 Receive Bids and Award Contract for the Mississippi Str�et and Third Street � Intersection Improvement Project No. 96-04 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.04 FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Receive Bids and Award Contract for 1996 Street Improvement Project No. ST. 1996 - 1 & 2 . . . . . . . . . . . - • • . . . . . . . . . . 7.01 - 7.07 Approve Change Order No. 5 for 1995 Street Improvement Project No. ST. 1995 - 1 & 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.03 Resolution Authorizing the Posting of "No Parking" Signs on One Side of a Certain MSAS Street (Alden Way from Rickard Road to 79th Avenue) (Ward 3} . . . . . . . . . 9.01 - 9.02 Resolution Authorizing Changes in Appropriations for the General Fund for the Second Quarter of 1996 . . . . . . . . . . . . . . . . 10.01 - 10.02 Approve Special Assessments for Osborne Commerce Center (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.03 FRIDLEY CITY C4UNCIL MEETING OF JULY 22, 1996 . Page 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Approve 1996/1997 Animal Control Contract between the City of Fridiey and Skyline Veterinary Hospital . . . . . . . . . . . . . . 12.01 - 12.05 Claims . . . . .. . . . . . .. . . . . . .. . . . . . . .. .. . . . .. . 13.01 Licenses ...... .......................... 14.01-94.05 Estimates ................................. 15.01 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PUBLIC HEARINGS: Page 5 Ordinance Amending Section 2.06.01 of the Fridley City Charter . . . . . . . . . . . . . . . . . . . . . . . . . 16.01 - 16.02 r s Ordinance Amending Chapter 3 of the Fridley City Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.08 Adding an Additional Parcel to Redevelopment Project Area No. for Wallboard, Inc. (Ward 3) . . NEW BUSINESS: 1 ..................... 18.01 -18.04 Special Use Permit, SP #96-13, by Samir Awaijane, to Allow Automobile Service Stations and Motor Vehicle Fuel and Oil Dispensing Services in Order to Construct a 2,800 Square Foot Automobife Repair Shop; and to Allow Automobile Agencies Selling or Displaying New and/or Used Vehicles on Property Generally Located at 970 Osborne Road N.E. (Ward 2) . . . . . . . . . . . . . . . . . . 19.01 - 19.12 . . . FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 Page 6 NEW BUSINESS (CONTINUED� Establish Public Hearing for August 26, 1996, for Revocation of Special Use Permit #95-05 to Home Depot, Generally Located afi 5650 Main Street N. E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.01 - 20.02 Approve Housing Action Plan for the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.01 - 21.26 Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . 22.01 ADJOURN: �-- � � � r � CITY OF FRIDLEY FRIDLLI' CITY COUNCYL ME�TIN�G OF JULY 22, 1996 �, �� tit. The City of Fridley will not discriminate against or harass anyo►�e in the admission or access to, or treatment, or employment in its services, probrams, or activities because of race, color, creed, religion, national ori�in, sex, disability, a�e, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals �vith disabilities to participate in any of Fridley's services, progrartls, and activities. Hearin� i�itpaired persons �vho need an interpreter or other persons with disabilities ��ho require auxiliary aids should contact Roberta Collins at �72-3500 at least one week in advance. (TTD/�72-3�34) PLE�GE OF ALLEGIANCE: APPROVAL OF MINUTES: City Co�,�ncil Nleeting of ,�uly 8, 1g96 i �� ,. l.-v"--' �-r �- °� z_ � z. 2 ,_ =-,,_ t_ � 1•< i %- j . �/ AP�'ROVAL OF PROPOSED CONSENT AGENQA: NEW BUSINESS: � Receive the Minutes of the Planning Commission Meeting of July 10, 1996 . . . . . . . . . . . . 1.01 - 1.15 � ..� � ��, � Specia! Use Permit, SP #96-12, by Dat Tran, to Allow Accessory Buildings Other than the First Accessory Building, Over 240 Square Feet, Generally Located at 7300 Ea�t River Road N. E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . �,...�._.- ', `/. i �� j'� <---, r= �.. !'v" ' /' � - � , /- C.� ",�.� � / �� 2.01 - 2.11 FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): r � � Page 2 Approve Comprehensive Sign Plan for The Gym, located at 6525 University Avenue N.E. (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.03 � ;'! - 1 • -�--v_' .�- .�� ' First Reading of an Ordinance to Repeal Ordinance No. 1062 Pertaining to Vacation of a Drainage and Utility Easement (Industrial Equities, 73rd � Avenue and Northco Drive) (Ward 1) . . . . . . . . . . . . 4.01 - 4.05 �; ,,�` , u �" -��- � First Reading of an Ordinance Under Section 12.0"l of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Industrial Equities, 73rd Avenue and Northco Drive) (Ward 1) . . . . . . . . . . j � �� 2�°�� , � �. Receive Bids and Award Contract for the Mississippi Street and Thircl Street Intersection tmprovement Project ........ .. 5.01 -5.03 No. 96-04 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.04 � - ��'{' �-� _ ��,_�L� .� . _L G G ?" .- � = r-' / �`�, t ,% �.�-, , i� �/'� i�='`_ -�� -� � . `. � � / � � ,� � C �. n �— ,� a -FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Page 3 Receive Bids and Award Contract for 1996 Street (mprovement Project No. ST. 1996 - 1 & 2 . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.07 z �-J` � --- � �..-c � Li - i! ti.. ti -�.(� <-ti�� ,iZ`� �_ / �-v :�' ��"Ys- �---�-L � < _- ✓ y J�_ .� 7 /� ,� � f Approve Change Order No. 5 for 1995 Street Improvement Project No. ST. 1995 - 1 & 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.03 � f��.�-�.;-�--� � Resolution Authorizing the Posting of "N� Parking" Signs on One Side of a Certain M�AS Street (Alden Way from Rickard Road to 79th Avenue) (Ward 3) . . . . . . . . . 9.01 - 9.02 �� , c .�f� �=;�C �'=— , _---_._ Resolution Authorizing Changes in Appropriations for the General Fund for the Second Quarter of 1996 . . . . . . . . . . . . . . . . 10.01 - 10.02 <- �-�'/�-�� z � Approve Special Assessments for Osborn� Commerce Center (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.03 ��L. JL��: FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 Page 4 . , APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: Approve 1996/1997 Animal Control Contract between the City of Fridiey and Skyline Veterinary Hospital . . .. . . . . . . . . . . . . . 12.01 - 12.05 ,, `. ',`l. ` �ti..y .� "� 13.01 C l a i m s . . . . . . : Jj�.l .�:�-:.,, � . . . . . . . . . . . . . . . . . . . . . . . Licenses . . . l` ti� �ti°`:'�� . . . . . . . . . . . . . . . . . . . . 14.01 - 14.05 �l � Estimates . . . . � �' L �1 �,��"�` . . . . . . . . . . . . . . . . . . . . . 15:01 � AD4PTlON OF AGENDA: ,�� .�� d ��-`�� /� , , �,� � �,,.�... _� .�:_? G�.�.4c . �.-�.. _ , -- ,L-,-,-z.... -��- ;ti �,,--...,-,� .�-�� ,�-_-� �� L 1`' ✓`-. � • � � �' 1..-i o .�-� :�" ` c' �1.�-�v�t� � `� d-c_-.. J OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) , � �` � , , ,L y � ��,t J�,,� _ .i. c � . — .:;� _ , ; �- ,- � s,. - � ��,. �- ! j , Y ' FRIDLEY CITY COUNCIL MEET{NG OF JULY 22, 1996 Page 5 t PUBLIC HEARINGS: Ordinance Amending Section 2.06.01 of the Fridley City Charter . . . . . . . . . . . . . . . . . . . . . . . . . 16.01 - 16.02 ��' _ � � � _ S_ � _ � . .__.._ , �,1 Ordinance Amending Chapter 3 of the Fridley City Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.08 � �� ' % ' , � f— � - / �� ,' c> Z— Adding an Additional Parcel to Redevelopment Project Area No. 1 for Wallboard, Inc. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.04 , f.%i _ 1 �l < <� �� C �-/�: � � NEW BUSINESS: Special Use Permit, SP #96-13, by Samir Awaijane, to Allow Automobile Service Stations and Motor Vehicle Fuel and Oil Dispensing Services in Order to Construct a 2,800 Square Foot Automobile Repair Shop; and to Allow Automobile Agencies Selling or Displaying New and/or Used Vehicles on Property Generally Located at 970 Osborne Road N.E. (Ward 2) .... ��Z,�.� < <�-� ............ 19.01-19.12 �15�--��-� • FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 r + Page 6 � ,� ` z� NEW BUSINESS (CONTINUED)• Establish Public Hearing for August 26, 1996, for Revocation of Special Use Permit #95-05 to Home Depot, Generally Located at 5650 Main Street N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.01 - 20.02 �� % r, ` ` r, if . , -- �= :.�i � �f/�� : �-� -� �:, , �% � Approve Housing Action Plan for the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.01 - 21.26 c.�: � _ z�.,= c'.��_ � ` Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.01 ., � , �� t ��c-C�:7 j,y„ .�,,� /..-<. ..�-1�_— ��'� . -:�a ) � L`.�� . �%�y.�„�' . i �� l j�,z. Cf. (`— ADJOURN: , �� J�� // �� /�'% THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 THE MINUTES OF THE REGUL,AR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 8, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:35 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the F�ag. ROLL CALL: MEMBERS FRESENT MEMBERS ABSENfi: APPROVAL OF MINUTES: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom None COUNCIL MEETING, JUNE 24, 1996: MOTION by Councilwoman Jorgenson presented. Seconded by Councilwoman all voting aye, Mayor Nee declared th APPROVAL OF P1�OPOSED CONSENT AGENDA: OLD BUSINESS: to approve the minutes as Bolkcom. Upon a voice vote, e motion carried unanimously. l. ORDINANCE NO. 1070 REPEALING CHAPTER 106 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 106 ENTITLED "EMERGENCY MANAGEMENT:" Mr. Burns, City Manager, stated that these changes are housekeeping and serve to update the ordinance. The ordinance focus is changed from enemy attack to a variety of domestic and natural disasters. The phrase "civil defense" has been changed to "emergency management," and the Civil Defense Agency becomes the Emergency Management Organization. Mr. Burns said definitions for disaster and Emergency Management Organization have been added, and the term "emergency" has been redefined. Mr. Burns stated that more specific changes eliminate references to air raid wardens; substitutes language that would have the Emergency Management Director coordinating the activities of City emergency management organizations in lieu of providing and equipping emerqency hospitals, casualty stations and ambulances; adds language requiring the Emergency Management Director to submit reports on emergency pre- paredness activities as requested by the Council; eliminates the requirement for administering an oath of office to alI FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 2 members of the Emergency Management Organization; adds a local emergencies section outlining declaration of a local emergency; eliminates references to air raid drills, enemy attack, air attack, etc.; changes references to Assistant City Manager/Public Safety Director to Public Safety Director; and eliminates a section of the emerqency management ordinance in reference to blackouts. Mr. Burns stated that the ordinance is supported by a very detailed emergency management plan as well as by incident command training. The plan details the nature of the emer- gency management organization and the relationships between the public sector and private sector organizations, such as hospitals, during emergencies. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1070 ON THE SECOND READING AND ORDERED PUBLICATION. 2. ORDINANCE N0. i071 UNDER SECTION 12.07 OF THE CITY CHARTER TO. VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, 5AV #95-02, SOUTHWEST QUADRANT PROJECT IG\,7�1'1�L�iG : � � Mr. Burns, City Manager, stated that at the closing with Rottlund Homes, Inc. for development in the Southwest Quadrant of University Avenue and Mississippi Street, it was discovered, as a result of the title search, that a utility easement had not been vacated. This easement was recorded after 64-Z/2 Avenue was vacated in 1964. The easement is 30 feet by 220 feet and runs over the south half of the vacated right-of-way. Mr. Burns said there are no utilities in the easement, and it is not needed for future municipal utilities. The City Charter requires an ordinance to vacate this easement. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1071 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 19, 1996: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 19, 1996. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 3 4. RESOLUTION NO. 45-1996 CALLING FOR A PUBLIC HEARING ON THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1-3, NO. 6, NO. 7, AND NOS. 9-14 FOR JULY 22, 1996 FOR WALLBOARD, INC.: Mr. Burns, City Manager, stated that the purpose of this amendment is to accommodate Wallboard, Inc. who plans to locate on a 3.69 acre parcel in Great Northern Industrial Park. Wallboard, Inc. plans to construct a 30,000 square foot building and to employ thirty people. The HRA has directed City staff to work with the owners to provide a financial incentive that is consistent with their demonstrated need and within the guidelines for use of tax increment funds. Mr. Burns stated that in order to provide a loan to Wallboard, Inc., it is necessary to expand the City's redevelopment project area and to modify its redevelopment plan. It is proposed that July 22 be established as the public hearing date for this action. ADOPTED RESOLUTION NO. 45-1996, WITH THE ATTACHED EXHIBIT A. 5.. CLAIMS• AUTHORIZED PAYMENT OF CLAIM NOS. 68764 THROUGH 68986. 6. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 7. ESTIMATES: APPROVED THE ESTIMATES, AS SUBMITTED: Frederick W. Knaak Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Legal Services Rendered for the Month of June, 1996 . . . . . . . . . . . . . $5,035.79 Schield Construction Company 13604 Ferris Avenue Apple Valley, MN 55124 Stonybrook Creek Bank Stabilization. Project No. 246 Estimate No. 5 . . . , . , , . , , . , . . $9, 745. 61 FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 4 No persons in the audience spoke regarding the proposed consent agenda items. MOTION by Councilman Billings to approve the consent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mr. Burns, City Manager, requested that Item 14 be deleted from the agenda. Councilman Schneider stated that he wished to add an item regarding Home Depot. MOTION by Councilman Billings to adopt the agenda with the deletion of Item 14 but with the addition of the Home Depot item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Ms. Pat Prinzevalle, representing Alexandra House, stated that she was there that evening to discuss their request for funding which was not recommended for approval by the Human Resources Commission. However, since this was an agenda item, Ms. Prinzevalle was asked to make her presentation when_the-item-was considered:.by Council�. PUBLIC HEARINGS: 8. PUBLIC HEARING ON PLAT REQUEST, P.S. #96-01, BY INDEPENDENT SCHOOL DISTRICT NO. 14, TO REPLAT PROPERTY GENERALLY LOCATED NORTH OF 61ST AVENITE, EAST OF SEVENTH STREET, SOUTH OF 63 AVENUE, AND WEST OF JACKSON STREET (WARD 1): MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing on Plat Request, P.S.. #96-01. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:48 p.m. Mr. Hickok, Pl.anning Coordinator, stated that this public hearing is for consideration of a plat of the entire Vineland Addition and Lot 12 of Shorewood Addition. The purpose of this plat is to allow transfer of land containing City facilities to City ownership. All of the property proposed to be platted is currently owned by Independent School District No. 14. The property is iocated north of 61st Avenue, east of Seventh Street, south of 63rd Avenue and west of Jackson Street. Mr, Hickok `stated that the school district �cc�uired this property through tax forfeiture and has owned it since 1955. Since 1957, FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 5 there have been several agreements between the school district and the City for joint use and for exchange of the property. The property contains Commons Park and Fridley Middle School which involves thirteen lots. This request was reviewed by the Planning Commission which recommended approval of the proposed plat. Mr. Hickok stated that, in conjunction with this plat request there are three vacation requests. Since these are related issues the following motion was made: MOTION by Councilman Schneider to waive the reading of the public hearing notices and open the hearings on the following vacation requests: SAV #96-02a, SAV #96-02b, and SAV #96-02c. Seconded. by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearings were opened. 9. PUBLIC HEARING ON VACATION REQUEST, S�V #96-02a, B� INDEPENDENT SCHOOL DISTRICT NO. 14, TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 61ST AVENUE, EAST OF SEVENTH STREET, SOUTH OF 63RD �,VENUE, AND WEST OF JACKSON STREET ( WARD 1) : AND PUBLIC HEARING ON VACATION REQUEST, SAV #96-02b, BY INDEPENDENT SCHGOL DISTRICT N0. 14, TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF SEVENTH STREET, SOUTH OF 61ST AVENUE, AND WEST OF WEST MOORE T,AKF T1R T�7Ti' /TnTZ�l?Tl '1 1 • PUBLIC HEARING ON VACATION REQUEST, SAV #96-02c, BY INDEPENDENT SCHOOL DISTRICT N0. 14, TO VACATE STREETS AND �LLEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF SEVENTH STREET, SOUTH OF 61ST AVENUE, AND WEST OF WEST MOORE LAKE DRIVE (WARD 1): Mr. Hickok, Planning Coordinator, stated that an issue with one of the vacation requests is that residents along 63rd Avenue utilize the area and access behind their homes for trash pickup. This is also the access to Commons Park and the well house. It is staff's belief that the continuation of the use of this access would be allowed as the road itself services the well house. Mr. Hickok stated that another request for street and alley vacation is in the Southeast Quadrant of 61st Avenue and Seventh Street. The total parcel is 41 acres and located on the property is the Fridley Community Education Center, the high school football field, and the parking lot. Mr. Hickok stated that the final vacation request is in the northeast corner of Seventh Street and 59th Avenue. Located on this property is the baseball field and Fridley High School. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 6 Councilwoman Bolkcom asked what the residents on 63rd Avenue would do if they did not have access to the area behind their homes. Mr. Hickok stated that residents would then have their trash haulers pick up in front of their homes. Mr. Richard Pitts, 752 63rd Avenue, questioned why this is an issue now when it has not been for over thirty years. He has not seen the plat, no one knows what will happen to this area and no one knows if they will have high rises behind their homes. Mr. Hickok stated that the requests are a result of the solid waste fee imposed on parcels in the County which prompted a review of all City properties to determine which sites would be affected. The determination was then made that City and school district properties needed to be exchanged. This is really a housekeeping issue and is not related to any development proposal. The purpose of the plat is to assign the appropriate ownership and land designation around the uses. Mr. Pitts stated that his main concern is the vacation of the right-of-way behind 63rd Avenue. It is a dedicated street, and the City is making it a private street by installing the gate. He would like to use this access so he can back his travel. trailer into his rear yard. He was not in favor of this vacation. Mr. Flora, Public Wo�ks Director, stated that this road is an access to the public utilities and is a limited access. Mr. Pitts stated that the access is limited due to the gate, but it is a public street. Mr. Flora stated that it was platted as a"paper" street, but it is used as an access to the public utilities in the area. Mr. Pitts stated that there is not a good reason to vacate the street. Councilman Billings stated that the plat was available for review at the Planning Commission meeting. The property is zoned for public purpose. If there was any.rezoning for development it would have to go through the public hearing process. Mr. Pitts stated that this then eliminates his development concern but not the concern for vacation of the street. Mr. Doug Peterson, representing School District No. 14, stated that because of what has occurred in the past in the Vineland Addition, the attorneys for the school .district and the City decided to vacat�e all streets and alleys. The streets and al?�eys in the Vineland Addition were previously vacated but recorded as abstract property and not torrens. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 7 Councilman Schneider asked why the property is again being vacated if it had been done previously. Mr. Peterson stated that there are many problems with the title to this property; therefore, it was decided to go through the entire process again. Councilman Billings stated that this procedure is to make sure the County records are in agreement with the actual uses. He asked Mr. Peterson if he would send the documents on the vacation to City staff and then staff would send a copy to Mr. Pitts. Mr. Pitts stated that if the vacation occurred before the driveway was constructed, it is an access road. If it was vacated, he may or may not have rights, as the plats are so vague he doubted if anyone knew the answers. Mr. David Schwartzbauer, 6320 Washington Street, stated that the access road goes to a pumping station and not a well. He talked with some of the surveyors, and they were under the impression that there would be some building occurring. These people were private contractors. Companies do not go out to survey unless they feel they will get more business. Councilman Billings stated that the City does not employ any registered land surveyors. Private surveyors were hired in order to draw up the plat. Mr. Schwartzbauer stated that these surveyors were under the impression that they would be back next spring to do other work. He felt this meant there would be some construction occurring. He questioned why the road could not be an access road. He felt there was more happening than just housekeeping, and he did not see the reason for the changes. His concern is, basically, the access road. Councilman Schneider stated that the usage would not change, and Mr. Schwartzbauer, apparently, has more information than Council. Mr. Schwartzbauer stated that it may be appropriate for the City to contact the surveyors. Councilman Schneider stated that it did not matter if the City or the school district owns the property, it still could be sold. As far as any development, it is not zoned properly. Councilwoman Bolkcom stated that, to her knowledge, there are no plans for development. Councilwoman Jorgenson asked Mr. Schwartzbauer to whom he had spoken. Mr. Schwartzbauer stated that he talked to Thomas Dickson. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 8 He added that someone is not telling the truth and this should be checked. Councilwoman Jorgenson stated that the City has invested money in Commons Park, and there are no plans for development. Councilman Schneider asked Mr. Schwartzbauer if he had any objections if nothing was going to change in regard to the land use and buildings. Mr. Schwartzbauer stated that he would not have any objections. Mr. Hickok stated that staff will forward a copy of the letter that outlined the scope of the services of the survey company to Mr. Schwartzbauer. Councilman Schneider suggested that staff follow-up on the comments by the survey company. He also wondered if there was a mis- communication. Mr. Edward Sworsky, 491 61st Avenue, stated that he never saw the plat. It bothered him that there may be plans for development, that Commons Park will be gone, and that there will be townhomes. Councilwoman Jorgenson stated that the City is trying to establish the ownership of these properties so that the solid waste fees can be paid. Mr. S�aorsky felt that this came up suddenly, and he wanted to know � if there were plans for development. � Councilman Schneider stated that there were no development plans, and this was just a housekeeping issue. Mr. Peterson stated that there was a resolution passed in 1955 vacating streets and alleys. All were vacated except the one at issue. Since the school district has no interest in development he felt that all of this occurred because of the solid waste payment problem. MOTION by Councilwoman Jorgenson to close the public hearing on Plat Request, P.S. #96-01. Seconded by Councilman Schneide�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:30 p.m. MOTION by Councilman Schneider to close the public hearings on Vacation Requests, SAV #96-02a, #96-02b, and #96-02c. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried.unanimously and the public hearings closed at 8:31 p.m. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 9 NEW BUSINESS: 10. FIRST READING OF AN ORDINANCE APPROVING AN AMENDMENT TO CLASSTFY GRAVEL AND/OR DIRT DRIVEWAYS AS A NUISANCE AND PROHIBIT THEIR USE: Ms. Dacy, Community Development Director, presented background information on this ordinance which was first introduced alonq with the junk vehicle and nuisance abatement property improvement ordinances in November of 1995. She stated that Council discussed a variety of issues concerning gravel or unpaved driveways. In preparina this ordinance, the legal staff suggested that this issue be addressed under the nuisance ordinance. There was some offense from the residents, but the issue is being approached from a legal standpoint because of a court case that the City previously lost. Ms. Dacy stated that written and telephone surveys were conducted in June. The initial mailing list of unpaved driveway properties has been fully updated and verified through assessment files and by inspections by Fridley Fire Department personnel. There are approximately 189 properties that have gravel driveways. Ms. Dacy stated that, as the ordinance is written, it requires all residential unpaved driveways to be paved in the next five years with the exception of subdividable property and properties with an access point connected to an unimproved right-of-way ar a1Tey. Driveways will have to eventually he paved if the property is subdivided or if paper right-of-ways are improved. In the meantime, owners of subdividable properties are required to pave a 12 foot apron at the street, and unimproved right-of-way properties are not required to pave until the right-of-way is improved. Mr. Dacy stated that the Center for Energy and the Environment (CEE) is responding to an RFP for assistance services for those who need to comply with the ordinance. CEE will explain the programs available, determine if households are eligible for the deferred assessment program, review household.financial information, and provide personal attention to help owners comply. Ms. Dacy stated that staff recommends the first reading of this ordinance and requests authorization to initiate the assistance campaign with CEE. Ms. May Wells, 6553 Oakley Drive, stated that it would cost her $6,000 to pave her driveway, and that is out of proportion to the value. Ms. Dacy stated that Ms. Wells' property is one that has a large driveway, but it does not quaZify for an exception under this ordinance. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 10 Ms. Wells stated that she did not think it was fair to have to pave the entire driveway. Ms. Dacy stated that Ms. Wells may be eligible for a deferment of the assessment. Ms. Ida Castle, 1400 Rice Creek Road, stated that she has a driveway easement but does not own the driveway. She would like to be contacted about any assistance. MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to authorize staff to proceed with the eontract with the Center for Energy and the Environment. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that before the second reading of this ordinan'ce, he would like a detailed report on the financial burden.. 11. VARIANCE, VAR #96-12, BY MILLER FUNERAL HOME, TO REDUCE THE FRONT YARD SETBACK FORM 80 F'EET T0 37 FEET TO ALLOW A MINOR BUILDING ADDITION; AND TO REDUCE THE REAR YARD SETSACK FROM 40 FEET TO 24 FEET, TO ALLOW THE CONSTRUCTION OF AN A.DDITION ON TO .AN ACCESSORY STRUCTURE, GENERAI,LY LOCATED AT 6210 HIGHWAY 65 N.E. (WARD 2): - Mr. Hickok, Planning Coordinator, stated that this is a request for two variances to reduce the setbacks in order to allow enclosure of a 6 foot by 32 foot area along the south side of the principal building and to construct a 30 foot by 80 foot addition on the garage located at the rear of the property. Staff had some difficulty with the parking on this s.ite. Funeral homes are not listed in the ITE standards for evaluating parking; therefore, some additional research was completed. This site does meet the parkinq requirements of the code, but at times there are parking demands that exceed the spaces available. The addition woul�i further eliminate seven parking spaces. However, the funeral home has a reciprocal agr.eement with St. Philip's Church to use their parking, if necessary, and staff felt this was sufficient. Mr. Hickok sta�ed that staff recommends approval of the front yard variance but denial of the variance to the rear yard setback for the addition. This recommendation for denial is based on concerns and unanswered questions about the impacts on the neighborhood. There was concern expressed by the neighborhood, and a petition wa� submitted. There wRre concerns about the impact on removal ot trees and the imposition of the addition to this site. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 11 Mr. Scott Lexvold, representing Miller Funeral Home, stated that they cannot expand to the east, south, or north, which only leaves the area to the west for expansion. If they added on to the main building to the west it would conflict with the utility easement; therefore, they are proposing to add on to the garage. If the variance is denied, he will probably request a variance for encroachment into the easement. Mr. Lexvold stated that in regard to the petition, only three properties abut their property and are affected. The property on the north edge is already affected by the existing garage, and the other two owners purchased property adjacent to commercial. He felt that with the planting strip, there would be a 64 foot setback to the rear of the property. With the addition it should give the neighbors more privacy. He did not think the removal of thirteen trees was a large impact for the area. Councilwoman Bolkcom stated that the concerns were the removal of the trees and problems with drainage and runoff. Mr. Lexvold stated that the �oncern was erosion due to the loss of the trees. There was no change to the slop to cause erosion. Councilman Schneider stated that he did not have a problem with the front yard setback but was concerned about the addition to the rear of this property since it abuts a very residential neighborhood. He felt the number of trees to be removed was a significant loss. MOTION by Gouncilman Schneider to concur with the recommendation of staff and the Appeals Commission and grant that part of Variance Request, VAR #96-12, to reduce the front yard setback from 80 feet to 37 feet to allow a minor building addition. Further, to deny that part of Variance Request, V�R #96-12, to reduce the rear yard setback from 40 feet to 24 feet for an accessory structure. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. APPROVING HUMAN RESOURCES COMMISSION RECOMMENDATION FOR THE ALLOCATION OF HUMAN SERVICE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS• AND RESOLUTION NO. 46-1996 AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Mr. Kurt Jensen-Schneider, Planning Assistant, stated that this is a resolution to authorize agreements with recipients of CDBG funding. The City received requests totaling over $65,000, and only $30,000 in funding was available. Out of the fourteen organizations requesting funds, nine were recommended. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 12 Councilwoman Bolkcom stated that she did not recall that the minimum allocation had to be $2,500. She felt that Council wanted to encourage cooperation between agencies. Councilwoman Jorgenson stated that she recalled the County stating that if there were the same programs being funded from other cities, as well as Fridley, they would pool these funds. Ms. Dacy stated that she beiieved the direction was that a minimum funding request would be for $2, 500 in order to provide some cost efficiency in terms of administering the program. The direction given to the Human Resources Commission was that the minimum amount of assistance would be $2,500. If Council wished to fund an organization for less than this amount, that would be their prerogative. Councilman Schneider felt that the $2,500 was a guideline but not mandated. He asked what criteria was used in evaluation the applications received from the various organizations. Ms. Terrie Mau, representing the Human Resources Commission, reviewed the guideiines and how the applications were prioritized using the criteria. Councilman Schneider stated that he did not feel the City's Recreation program should compete for these funds, as it places the Commission in an awkward position. � Ms. Mau stated that it was a concern last year; however, this program has been expanded to the grade schools and serves a very high number of Fridley residents. Councilwoman Bolkcom stated that domestic violence is a huge problem. Alexandra House was not recommended for funding. Ms. Mau stated that every member of the Commission recognizes the services of Alexandra House to the community. It was not a question that this organization did not serve the residents, but that they have other funding sources. Councilwoman Jorgenson stated that the schools and churches are involved in funding SACA. A lack of food is a problem, but there is also a problem with domestic abuse. There are many police calls on domestic abuse. Ms. Mau stated that she does not receive any police reports on this issue. She only has information from Focus News, and she did not know if this information would have made a difference in the recommendation to eliminate Alexandra House from funding. Councilwoman Jorgenson stated that the Human Resources Commission ha� a huge task to determine the allocations for funding. Looking FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 13 at the murders in surrounding communities and the rise in domestic abuse, she felt they had to try to get back to those issues. There are programs for youth, and most of the youths are coming from homes where there is violence. Ms. Mau stated that with such a small sum of money, the Commission has to look at the all-around need and the number of residents served. She said she is not saying Alexandra House is not serving the Fridley residents, but allocations were made to those who meet the criteria and guidelines. Councilman Billings stated that he felt the Human Resources Commission was being taken to task for their recommendations. They have carefully and painstakingly spent time making these recommendations. If Council decides they would like to allocate the funding differently, a motion can be made to this effect. If there is going to be an argument with the Human Resources Commission about their recommendations, Council should a�point a sub-committee to review these applications and submit a recommen- dation to Council. Councilman Schneider stated that he knows the Human Resources Commission spends a lot of time on this issue and does an excellent job, bui he wanted to u.�derstand their rationale. Councilwoman Jorgenson stated that she receives calls from citizens on how the funding is distributed. She agreed that the Human Resources Commission is doing a good job. They have tough decisions, but she needed to know what their decision are based o�. Councilwoman Bolkcom stated that great job. In all fairness recommended for funding, she felt Fridley residents served. she felt the Commission does a to the programs that were not Council should know the number of Ms. Mau stated that A Blanket of Hope is a new program. It was felt that by giving them seed money the criteria of a new and innovative program was met. Ms. Mau stated that Alexandra House was not recommended for funding because it did not meet the criteria for a new and innovative program. Alexandra House has a large budget, and the majority of their funding is used for salaries. Another consideration was the other funding they receive. Fridley could give them only a small amount, and it was felt that the funds could be better used elsewhere. Ms. Mau stated that the ACCAP Senior Outreach program, which the Commission felt Council strongly supported, needed to be funded. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 14 Ms. Mau stated that Arc of Anoka and Ramsey Counties fell into the category of duplication and has funding from other sources. Ms. Mau stated that Banfill Locke Center for the Arts does not serve enough Fridley residents. It is a wonderful organization, but the Commission did not feel they could track where the funds are spent. Ms. Mau stated that Central Center for Family Resources is the only organization funded that provides counseling for children, which is a badly needed service. Ms.�Mau stated that the Fridley Recreation Department has an on- going program that is being expanded to other areas. The program focuses on children, and Council has been proceeding in that direction. Ms. Mau stated that the Community Emergency Assistance Program supports the food shelf and provides services not provided by other organizations. Ms. Mau stated that the Fridley Senior Program needs to be funded through CDBG funds in order to be an on-going program. Ms. Mau stated that in regard to the Northwest Suburban Kinship program, the Commission had misgivings about the future of the program after the retirement of Ms. Doddy. The program also serves only a small amount of people. Ms. Mau stated that the Nucleus Clinic has only one paid person, and the rest are volunteers. They serve a lot of Fridley residents' and have requested only funding for six months. However, they will continuE to serve Fridley for one year. She stated that they provide counseling for unwed mothers and men on their responsibilities. Ms. Mau stated that the Southern Anoka County Community Assistance organization needs funding to provide a service which is used by a lot of Fridley residents. Ms. Mau stated that St. Philips Lutheran Church is increasing their program which is a positive program for Fridley. Ms. Mau stated that Tamarisk has served only nine Fridley residents in the last two years. It does not mean it is not a good program. They need to investigate funding elsewhere because they do not meet the criteria. Ms. Pat Prinzevalle, representing Alexandra House, stated that Alexandra House has been a recipient of CDBG funds for many years. Because of a mailing or postal issue, they did not receive the date and time of their inte.rview. 1 FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 15 Ms. Prinzevalle stated that Alexandra House did not present a new and innovative program. They have expanded their services and the number of residents served has increased from 1,900 to 2,756. Their organization and the Fridley Police Department have a model program in the State of Minnesota. Ms. Prinzevalle stated that she is not here to say that they should be funded and others should not. She would like to say that they provided services to a significant amount of Fridley reszdents for over the last four years. If CDBG funding cannot be provided perhaps other funding may be available for Alexandra House. Councilwoman Jorgenson stated that she appreciates the information Alexandra House sends to the Poiice Department regarding the number of cases and citations issued. Councilman Schneider asked Ms. Prinzevalle what percent of the budget goes towards salaries. Ms. Prinzevalle stated that Alexandra House's budget is about $1.5 million. They provide services for women and their families. Alexandra House built a new facility to increase their residential size, and there were 46 residents from Fridley last year in this facility averaging a twelve day stay. The cost is $82 per day per person. The bulk of their funding comes from general assistance, where a per diem is paid. If the persons are not qualified for this assistance �,lexandra House does not get paid for their stay. In terms of intervention services, they provide $70,000 to $80,.000 of services to the City. Ftznds come from United Way and corporate support. Ms. Prinzevalle stated that they have two legal advocates that serve three cities; Fridley, Blaine, and Circle Pines. The salary line is high, but not high for the City because there is one person for intervention services who is paid $30,000. Fridley comprises 45 percent of this service. She stated that she understands the reasoning behind the Commission's recommendation when they receive multiple and diverse funding. Fridley is getting quite a bit of service, and she requested that the City continue their partnership with Alexandra House so that they may continue to provide the services to the City. MOTION by Councilwoman Jorgenson to authorize the following allocations for the 1996-97 CDBG funds: Organization A Blanket of Hope Alexandra House ACCAP Senior Outreach Arc of �noka and Ramsey Counties Banfill Locke Center for the Arts Central Center for Family Resources Amount $2, 500 3, 000 6, 000 0 0 2, 500 FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 Organization Amount Fridley Recreation & Nat. Res. Community Emergency Assistance Fridley Senior Program Northwest Suburban Kinship Nucleus Clinic Southern Anoka County Community St. Philips Lutheran Church Tamarisk Dept. Program Asst. 4, 000 2, 500 2, 500 0 2, 000 2, 500 2, 500 0 PAGE 16 Further, that the Council consider budgeting the ACCAP Senior Outreach program from the General Fund in 1997. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Jorgenson, Councilman Schneider, Councilwoman Bolkcom 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. MOTION by Councilwoman Jorgenson to adopt Resolution No. 4&-1996, authorizing agreements between the City of Fridley and recipients of 1996-97 federal community development block grant funds, with the amended amounts contained in the above motion. Seconded by Counc�lman Schneider. Upon a voice vote, Councilwoman Jorgenson, Councilman Schneider, Councilwoman Bolkcom and Mayor Nee voted in favor of the motzon. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a four to one vote. 13. RESOLUTION NO. 47-1996 AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR THE REMOVAL OF THE SLIP RAMP ON T.H. 47 (LJNIVERSITY AVENUE) AND 60TH AVENUE (WARD 1): Mr. Flora, Public Works Director, stated that MnDOT has prepared a cooperative agreement for the removal of the slip ramp at University Avenue and 60th Avenue. The agreement calls for the State to pay 100 percent of the cost associated with the removal of this slip ramp and the placement of concrete curb, gutter and landscaping at a cost not to exceed $14,393.59. MOTION by Councilman Schneider to adopt Resolution No. 47-1996. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. APPROVAL OF JOINT POWERS AGREEMENT WITH SCHOOL DISTRICT NO. 14 FOR SHARED USE OF FACILITIES: This item was deleted from the agenda at the request of the City Manager. 14a. HOME DEPOT COMPLIANCE: MOTION by Councilman Schneicler to direct staff to review very aggressi��ely any and all means to bring Home Depot into compliance FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PAGE 17 with the promises made to the City before construction of their building, particularly in regard to outdoor storage and the traffic study. Seconded by Councilwoman Bolkcom. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Bolkcom felt that the City should be very aggressive in the enforcement of the special use permits. 14b. ANNOUNCEMENTt MAYOR NEE: Mayor Nee stated that he has not accomplished what he set out to do relative to his walking and medical condition. He will not be a candidate for Mayor in the coming election, but he intends to remain active as Mayor and do whatever is needed in this office to serve the community as best he can until the expiration of his term. Councilman Billings stated that since Mayor Nee has not officially filed for office, nothing needs to be done to terminate his campaign. The citizens of Fridley will be gravely disappointed that he wi11 not be able to continue to serve as Mayor. At such time that Mayor Nee leaves his office he would receive the full gratitude from everyone in the City for the tremendous number of years he has provided service to the community. Mayor Nee thanked Councilman Billings for his kind words. Whoever is interested in running for his office should understand that, as far as he is concerned, he is not running. 15. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. ADJOURNMENT: MOTION by Councilman Billings to adjourn Councilwoman Bnikcom. Upon a voice vote, declared the motion carried unanimously the Fridley City Council of July 8, 1996 Respectfully submitted, Carole Haddad Secretary to the City Council the meeting. Seconded by all voting aye, Mayor Nee and the Regular Meeting of adjourned at 10:10 p.m. William J. Nee Mayor CITY OF FRIDLEY PLANNING COMMISSION ME$TING� JIILY 10, 1996 CALL TO ORDER: Vice-Chairperson Kondrick called the July 10, 1996, Planning Commission meeting to order at 7:30 p.m. NEW MEMBER• Mr. Kuechle has been appointed to the Planning Commission and represents the Appeals Commission. ROLL CALL• Members Present: Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig, Larry Kuechle Members Absent: Diane Savage Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Yung Nguyen, 7300 E. River Road Dat Tran, 7300 E. River Road Steven Hardel, 1010 Osborne Road N.E. John Weber, Stone Construction, Ina. Samir Awaijane, 5096 Hughes Avenue APPROVAL_OF , 1996 PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist,•seconded by Mr. Saba, to approve the June 19, 1995, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYB, VICE-CHAIRPBRSON RONDRICR DLCLARED THB MOTION CARRILD ONANIMOIISLY. l. 1Tabled from �19196 meetina) PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT SP #96-12 BY DAT TRAN: Per Section 205.07.O1.C.(ij of the Fridley City Code, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 3, Chesney Acres, generally located at 7300 East River Road N.E. Ms. McPherson stated the petitioner had not yet arrived at the meeting and asked that this item be considered later in the agenda. � 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #96-13, BY SAMIR AWAIJANE: Per Section 205.14.O1.C.(5) of the Fridley City Code, to allow automobile service stations and motor vehicle fuel and 1.01 PLANNING COMMTSSION MEETING. JULY 10, 1995 PAGE 2 oil dispensing services in order to construct a 2,800 square foot automobile repair shop; and per Section 205.14.O1.C.(2.) of the Fridley City Code, to allow automobile agencies selling or displaying new and/or used vehicles on property generally lo.cated at 970 Osborne Road N.E. MOTION by Mr. Kuechle, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL DOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:36 P.M. Mr. Hickok stated the request is for 970 Osborne Road. The property is located south of Osborne Road and is surrounded by industrial uses to the west and south and commercial uses to the east. A pre-existing garage-type structure has been removed from the site. Mr. Hickok stated the request proposes two uses in the building. A portion of the building would be used for office and five stalls in the parking lot would be used for auto saies. The auto sales display portion of the parking lot would be closest to Osborne Road. The rear portion of the building would contain an auto repair shop. Mr. Hickok stated staff has evaluated the request based on code requirements and the use as it reZates to the surrounding area. The property was at one time zoned industrial. The site was purchased by RMS when RMS was looking to expand. At the request of RMS, the property was rezoned to M-1 and then eventually back to C-2. The site as an industrial site was substandard. The site does serve the proposed use very well. Mr. Hickok stated the dimensions of the lot are unusual in that the praperty has a diagonal cut which causes a setback issue on the rear corner of the building. All setback has been met with the exception of 7 feet on the southwest corner. Mr. Hickok stated staff has determined that the uses as proposed are appropriate for the location. Staff recommends approval of the request for a muffler and brake shop and automobile sales agency with the following stipulations: General Site Stipulations 1. A final grading and drainage plan and calculations shall be submitted prior to issuance of the building permit. The petitioner shall comply with all stipulations recommended by the City Engineering staff upon review of the finaZ grading and drainage plans. 1.02 PLANNING COMMISSION MEETING, JIILY 10, 1996 PAGE 3 2. The petitioner shall apply for and receive the appropriate permits from Anoka County for work in the road right of way. 3. All signs shall comply with the City Sign Code. 4. Al1 vehicles shall be entirely parked on a surface of asphalt or concrete, which shall be lined with concrete curb. 5. All lighting shall be downcast and shielded against horizontal glare. 6. The landscape plan shall be reviewed and approved by the City Planning staff prior to issuance of a building permit. 7. The site plan shall be modified so that the southwest corner of the building meets the 25-foot setback. 8. A performance bond of 3� of the construction value of the project shall be submitted prior to issuance of a building permit. 9. The petitioner shall execute anci record a stormwater maintenance agreement for the property. 10. The petitioner shall grant the City a 30-foot drainage and utility easement along the south property line. Renair Garage Stipulations 11. Regair activity beyond the scope of this application shall constitute the necessity for an additional special use permit. 12. The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of inerchandise. 13. The property shall not be used as a place of storage or depository of wrecked, abandoned or junked motor vehicles. 14. All vehicles associated with this use must be parked on site. Automobiles being serviced may be parked for a maximum period of forty-eight (48) hours at any one time. Automobile Sales Stipulations 15. The use of streamers, pennants, and flags is prohibited. 16. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property. 1.03 PLANNING COMMISSION__MEETING, JIILY 10, 1996 PAG$ 4 17. The petitioner shall apply for and receive the appropriate City car sales license. 18. There shall be no test driving of cars in the adjacent residential neighborhoods. Mr. Oquist stated stipulation #7 indicates the site plans will be modified to take care of the 25-foot setback issue. Would that be moving the building toward Osborne Road and, if so, how far? Mr. Hickok stated the building could be moved 7 feet and resolve the problem. There is a parking bay near the landscaped area and one close to the building. Prior to the meeting, the designer for the project talked about the potential for eliminating the 5 spaces near the building and bumping the building forward. They are 5 stalls over the requirement so they could meet the parking requirements if they did so. Staff believes that, with the state licensing guidelines for auto sales requiring a minimum of 5 parking stalls, they would be most comfortable.with having 5 parking stalls for auto stalls and having the others relate to the square footage of the building. Staff suggests the petitioner diminish the wide area between the rear of one stall and the rear of the other stall in order to move the building forward. Mr. Weber stated he has had several discussions about the setback and the question was whether this is a side yard or a rear yard. We talked about clipping the corner of the building which is awkward. One discussion measured 25 feet in line with the west wall of the building and that is how the site is laid out. We are trying to maximize the area in front of the building and that is the ultimate goal. Mr. Kondrick asked what the 7 feet would mean to the petitioner. Mr. Weber stated they had originally tried to put another row of parking into that 43-foot space. Commercial zoning requires 20- foot stalls. They could not come up with another way to get more parking in that space. Even with parallel parking, there then needs to be 2 drive aisles in order to meet the requirements. They would like to leave the building as it is, It would serve their purposes the best. Mr. Oquist asked if the petitioner could apply for a variance and leave the building where it is. Ms. McPherson stated �hey could request a variance which must be reviewed by the Appeals Commission. The Planning Commission could act on the request tonight amending stipulation #7 to say the petitioner must adjust the site plan to meet the setback or apply for and receive a variance. 1.04 PLANNING COMMISSION MEETING, JIILY 10, 1996 PAGE 5 Mr. Oquist asked if the petitioner had seen the stipulations.. Mr. Weber stated the stipulations are essentially from the ordinance. The only problem is the setback requirement and the difference in interpretation of how to measure that setback. Mr. Hickok stated, if the petitioner were to apply for a variance, the next deadline is July 19 and the City Council would approve on August 24. Mr. Weber stated that time frame was not an option. Mr. Kondrick asked why the building could not be placed more to the east. Mr. Weber stated that reduced the area in front of the garage doors to the side parking lot. The drive aisle is also reduced by 7 feet. Ms. McPherson stated, when the parking stall overhangs the curb, the stall can be shortened to 18 feet. Mr. Hickok stated it sounds as though there are concerns about narrowing the aisle widths. Staff would be Goncerned that organized parking in front of the building would be an issue. If we were to diminish that front area and then have double or triple depth parking of cars, there would be concerns about safety and also site organization. There is a concern that, if they lose some parking spaces, cars �ay not be parked in stalls. The code is clear in defining the stalls and providing aisle widths that are appropriate to allow vehicles to pass through. Mr. Hickok stated parking lots must be painted and illuminated. We have not had a situation where a sales lot has used anything other than striped stalls. It seems, a practical solution would be to shift the building forward and the parking forward. It would diminish the driving aisle to 40 feet. Mr. Weber stated he discussed this with Mr. Awaijane and it seems appropriate to move the building 7 feet north (parallel to the west property line). Mr. Hardel asked what kind of grading would be on this property. He iives next door and has water problems. The lot itself is lower than his lot but the petitioner is hauling in fill. He is concerned about how f�r up they are filling. He is also concerned with the black top at the VFW. There is a lot of water in the spring. Mr. Hickok stated the Engineering staff has reviewed the request and has determined that off-site drainage currently flows west �.05 PLANNING COMMISSION MEETING, JQLY 10, 1996 PAGE 6 through the site along the south or rear lot line. There is a stipulation that would require that they create a 30-foot drainage and utility easement to allow the flow to continue and to have a pond agreement and a pond created to hold water on site to pre-development levels. Mr. Hardel asked what happens if that does not work as intended. Mr. Kondrick stated the Engineering staff feel confident they can do that with the drainage plan so the drainage does not infringe on anyone else's property. Mr. Hickok stated the City has a standard performance bond requirement to insure the,improvements are done according to the requirements. The criteria for these requirements are based on the 100-year storm requirement. Mr. Weber asked what the agreement for stormwater ponds involved. Mr. Hickok stated there is a non-point source pollution requirement for commercial and industrial properties that the post-development run off be no greater than the pre-development run off. The maintenance of the ponds would be taken on by the individuals. Such an agreement is filed with the property. Mr. Weber stated run off come through this progerty from other properties. They will be ponding only their own run off and they are leaving a channel for the run off from neighboring properties. They do nat feel they should be responsible for erosion or maintenance problems caused by the other properties. Mr. Kondrick stated the City's concern is that the run off from ' this property is handled properly. Mr. Weber stated he thought that an agreement recorded on the property is appropriate, but he does not feel the run off from other properties is their responsibility. Mr. Awaijane asked why the VFW next door was not required to provide a pond when they improved their parking lot a year ago. Mr. Hickok stated there are pre-existing non-conforming conditions around the development." When you are developing later, it seems unfair when the neighbors do not have to pond. This occurs because the laws have become more strict and staff must adhere to those laws. Also, we cannot stop what has been naturally occurring �long the lot line in natural drainage ways. The petitioner is being asked to continue to allow this to happen as it did in the pre-development state. The ponding is related to the subject parcel. Finally, on the parking lot issue, there i.os � I PLANNING COMMISSION MEETING, JULY 10 1996 PAGE 7 are times when parking lots or roofs themselves are designed to hold water for a period of time and control run off. Mr. Weber stated they have engineered the parking lot to meet the 100-year requirement. The neighbors run off could affect the integrity of the pond in future years. Mr. Hickok reviewed the stormwater maintenance agreement. Mr. Oquist asked if the issue was not the maintenance of the holding pond for the run off on their property. There is a drainage ditch which is behind the holding pond to handle the run off that has always been their from the neighbors property. It is separate and brimmed so it does not get into the holding pond. Mr. Weber stated, if that ditch is not maintained, it could damage the pond. Mr. Hickok stated maintenance is a separate issue. In the event where a property owner upstream causes a problem for this site, he thought the Engineering staff has been careful to make sure that they are distinct uses and it is meant to run past and be a separate channel. Ms. McPherson stated the�agreement is a standard template. It is not unusual to amend the agreement to meet specific situations. Mr. Weber stated he would lik� to have this issue cleared before the City Council meeting. N:r. Sielaff stated the agreement should state specifically what the petitianer is responsible.for. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE DOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICK DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:20 P.M. Mr. Saba asked if they should add a stipulation to address the striped parking spaces. Mr. Hickok stated yes. He suggested the stipulation read, "Vehicles on site are to be parked in striped parking stalls of the code required dimensions leaving drive aisles to meet the minimum code requirements." MOTION by Mr. Oquist, seconded by Mr. Sielaff, to recommend approval of Special Use Permit, SP #96-13, by Samir Awaijane, to � .�% PLANNING COMMISSION MEETING, JULY 10. 1996 PAGE 8 allow automobile service stations and motor vehicle fuel and oil dispensing services in order to construct a 2,800 square foot automobile repair shop; and per Section 205.14.O1.C.(2) of the Fridley City Code, to allow automobile aqencies selling or displaying new and/or used vehicles on property generally located at 970 Osborne Road N.E., with the following stipulations: 1. A final grading and drainage plan and calculations shall be submitted prior to issuance of the building permit. The petitioner shall comply with all stipulations recommended by the City Engineering staff upon review of the final grading and drainage plans. 2. The petitioner shall apply for and receive the appropriate permits from Anoka County for work in the road right of way. 3. All signs shall comply with the City Sign Code. 4. All vehicles shall be entirely parked on a surface of asphalt or concrete, which shall be lined with concrete curb. 5. �:'� 7. All lighting shall be downcast and shielded against horizontal glare. The landscape plan shall be reviewed and approved by the City Planning staff prior to issuance of a building permit. The site plan shall be modified so that the southwest corner of the building meets the 25-foot setback. 8. A performance bond of 3% of the construction value of the project shall be submitted prior to issuance of a building permit. � 10. The petitioner shall execute and record a stormwater maintenance agreement for the property. The petitioner shall grant the City a 30-foot drainage and utility easement along the south property line. 11. Vehicles on site are to be parked in striped parking stalls of the code required dimensions leaving drive aisles to meet the minimum code requirements. Renair Garage Stipulations 12. Repair activity beyond the scope of this application shall constitute the necessity for an additional special use permit. 1.08 PLANNING COMMISSION ME$TING, JULY 10, 1996 PAGE 9 13. The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of inerchandise. 14. The property shall not be used as a place of storage or depository of wrecked, abandoned or junked motor vehicles. 15. All vehicles associated with this use must be parked on site. Automobiles being serviced may be parked for a maximum period of forty-eight (48) hours at any one time. Automobile Sales Stipulations 16. The use of streamers, pennants, and flags is prohibited. 17. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property. 18. The petitioner shall apply for and receive the appropriate City car sales license. 19. There shall be no test driving of cars in the adjacent residential neighborhoods. UPON A VOICE VOTE, ALL VOTiNG AYE, VICE-CHAYRPERSON RONDRICR DECLARED THL MOTION CARRI$D IINANIMOIISLY. Ms. McPherson stated this request would be considered by the City Council on July 22. 3. (Tabled from 6/19/96 meeting) PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #96-12, BY DAT TRAN: Per Section 205.07.O1.C.(1) of the Fridley City Code, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 3, Chesney Acres, generally located at 7300 East River Road N.E. MOTION by Mr. Oquist, seconded by Ms. Modig, to remove the request from the table. IIPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON RONDRICR DECLARED THL MOTION CARRIED AND THE PIIBLIC BEARING RB-OPENED AT 8:25 P.M. Ms. McPherson stated this request was tabled at the last meeting. The petitioner is requesting to construct a second accessory structure in the rear yard measuring 24 feet x 26 feet. An existing 20 foot x 22 foot two-car garage already is located on the property. At the last meeting, staff recommended denial due to the nuinber of access points. Discussion centered around whether the petitioner would remove the hard surface parking area 1.09 PLANNING COMMISSION MEETING. JIILY 10, 1996 PAGE 10 to reduce the access points to two. It was left that the petitioner would contact staff as to whether the family was willing to pursue that recommendation. Staff did not hear from the petitioner prior to the report being sent out. As staff understands, there is no change. Staff, therefore, is again recommending denial of the request. Mr. Tran stated he has discussed the issue with his family. If necessary, they will remove the other driveway so they can construct the garage. Ms. McPherson stated the Planning Commission could approve the request with a stipulation requiring that the first hard surface drive be removed. Mr. Sielaff asked if the first garage would stay. Mr. Tran stated yes. Ms. McPherson stated there are no curbs on that portion of the property . Mr. Kondrick stated they would recommend the petitioner remove the asphalt and then sod or seed. They wil.l have access to the garage and a new driveway to a new garage located at the rear of the property, Ms. Modig stated the property currently has six cars. If the petitioner removes.the hard surface area, will the cars be parked in the new driveway. Ms. McPherson states yes. No cars will be parked or� the street. The ordinance requires vehicles to be parked on a hard surface. MOTION by Ms. Saba, seconded by Mr. Sielaff, to close the public hearing. IIPON A VOICB VOTE, ALL VOTIN(i AYS� oICE—CHAIRPER80N RONDRICR DTsCLARED THL MOTION CARRIBD AND THE PIIBLIC 8i3ARING CLOSED AT 8:31 P.M. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of Special Use Permit, SP #96-12, by Dat Tran, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 3, Chesney Acres, generally located at 7300 East River Road N.E.,, with the following stipulation: 1. The existing hard surface driveway shall be removed and the area shail be sodded or seeded. 1.10 PLANNING COMMISSION MEETING, JOLY 10, 1996 PAGE 11 UPON A VOICE VOTE� ALL VOTING AYE, VICL-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED iTNANIMOUBLY. Ms. McPherson stated this request would be reviewed by the.City Council on July 22. 4. REVIEW AND APPROVAL OF THE HOUSING ACTION PLAN Ms. McPherson stated the Livable Communities Act is set forth by the state. As part of that, the City must come up with a Housing Action Plan which is an inventory of what the City has, where it is located, what type of population is being served, etc. The City hired a consultant to prepare an Action Plan along with a number of maps. Ms. McPherson reviewed the maps and the information represented. Mr. Saba asked how affordability was determined. Ms. McPherson stated affordability is based on paying 30� or less of your income for housing. Mr. Saba stated he would like to see the housing stock improved to a higher level. , Mr. Sielaff asked if there was some significance in determining the number of affordable homes in the City. Ms. McPherson stated it is important because the City is part of being in the Livable Communities Act. There are certain requirements that need to be met in order to garticipate in the funding that is available. Ms. McPherson stated the City has a number of programs in place to assist peopie to maintain and upgrade their homes. The next step as part of the housing plan update is to look at areas where we might go in and do redevelopment. We could also look at remaining commercial and industrial properties and possibly consider rezoning them to residential. These are the next steps which are to identify those projects to upgrade and provide more choices in new housing possibilities and still maintain affordabi�ity. The benchmarks are set to try to have a balance between affordability, lifecycle housing, etc. The Human Resources Commission reviewed the maps and the plan. Their comments are incorporated into the draft. Unless the there are any.major objections, staff would like the Planning Commission to recommend approval to the HRA and the City Council. Mr. Saba stated he could not see providing more multi-family 3-4 bedroom units. 1,11 PLANNING COMMISSION MEBTING JIILY 10 1996 PAGE 12 Ms. McPherson stated that three 3& 4 bedroom units could be provided by new construction or it could mean remodeling existing 1 or 2 bedroom units and combining them into a 3-4 bedroom unit. Mr. Hickok stated, because we have some buffer in our benchmarks, it is possible to take some of the smaller 1 and 2 bedroom units and upgrade them. It is possible to make some of these 3-4 bedroom units and make them be more competitive in the market. There is room and a niche for this type of housing. We are above our benchmarks for the units we have discussed. Mr. Saba stated his concern is having that large of a family in an apartment building. He felt that bigger families in an apartment may not be desirable and should rather be in a house. There are also those who allow others to live with them resulting in over-crowded conditions and can also result in increased crimes. Mr. Hickok stated there are those because of changes in lifestyle who choose to live in a larger apartment. Ms. McPherson stated she did not think conversion of 1-2 bedroom to 3-4 bedroom would occur without help from a non-profit organization. This also provides housing for those who are in transition and seeking a home. There is a need for this type of housing. Some families are moving to other communities because they cannot find adequate housing here. Mr. Oquist stated the Human Resources Commission reviewed the plan and had some minor changes. Regarding the argument of overcrowding in the apartments, this can also happen in the 1-2 bedroom units. • Ms. Modig stated, while the things mentioned by Mr. Saba do occur, she felt these were not the norm. Mr. Kondrick stated he also did not agree with having additional 3-4 bedroom apartment or rental units. Mr. Saba stated he would prefer to upgrade the current housing stock. Mr. Sielaff stated.the intent is to be rental. Is it necessarily low income? Ms. Modig stated not necessarily. She did not commission, can dictate who lives where. It is say that if a person needs more than 3 bedrooms house. 1.12 think we, as a not reasonable to they should buy a PLANNING COMMISSION MESTING JIILY 10 1996 PAQE 13 Mr. Hickok stated they have discussed if 3-4 bedroom units mean a certain level of rental. His experience has been, while managing a 250-unit complex with 20 units of 3 bedrooms, that all those units were rented by families who lived 6 months here and 6 months eisewhere. They wanted a place to accommodate their lifestyZe. We also know we have a demand for senior housing in our community. There are others who may be in different lifestyle choices. If that is the case, we are not providing those opportunities. Ms. McPherson stated the City currently has 144 3-bedroom units or 4.6� of the total. The number of affordable units could be decreased. The number of low and moderate units and moderate to upper income units should be increased. We need more of those units for the high end. We will need 500+ by the year 2015 to maintain our benchmark. If the Conamission objects to the 3-4 bedroom, that is okay but we need to find a way to get more non- affordable units in the community. Ms. McPherson stated, if the Commission agrees in general with the plan, she would suggest they recommend approval with the Cit� Council but that you stronqly object to increasing the number'of 3-4 bedroom units. � - Ms. Modig asked if the Commission would agree to saying to maintain and upqrade,the multi-family units,that contain 3-4 ` - � ..bedroom�� units..: � `That �:would ��upgrade � the" existing housing�but= not `" ` add additional units. Mr. Kuechle stated, if there is an objection, we should say so. Mr. Oquist stated; if you object, eliminate it from the plan or make a statement that we have concerns about 3-4 bedroom apartments. Mr. Kuechle stated, if that is the primary concern, that should be the primary emphasis of what we say. Mr. Kuechle stated, in general, we agree with the statements but we have serions concerns about increasing the number of 3-4 bedroom apartments and the problems that come with it. Mr. Sielaff stated the problems are the same. If we are concerned about this issue, perhaps we should cap rental units. Ms. McPherson stated there is a certain financial responsibility when you are talking about non-affordable units. Regarding the issue of overcrowding in rental units, that is the responsibility of the pr.operty owner. Not all�the problems of a building are the responsibility of the tenants. 1a 1� PLANNING COMMISSION MEETING, JIILY 10, 1996 PAGE 14 MOTION by Mr. agree with the increasing the that come with 42 which says, units." Kuechle, seconded by Mr. Saba, that, in general, we statements but we have serious concerns about number of 3-4�bedroom apartments and the problems it, and recommend removing the statement on page "Provide additional 3-4 bedroom non-affordable IIPON A VOICL VOTB, WITH MR. RONDRICR, MR. SABA, MR. OQQIST, AND MR. ROECHLE VOTING AYE, AND MS. MODIG AND MR. SIELAFF VOTING NAY, VICE-CHAIRPBRSON RONDRICR DECLARED THL MOTION CARRIED BY A MAJORITY VOTE. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of the plan as amended. UPON A VOICE VOTE, AITH MR. RONDRICR, MR. SABA, MR. OQOIST, MR. RUECHLE� AND MB. MODIG VOTING AYB, AND MR. SIELAFF VOTING NAY, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED ON.ANIMOUSLY. 5. RESOLUTION FOR THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA #1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS #1 - #3, #6, #7, AND #9 - #14 �� Ms. McPherson stated the City is expanding the redevelopment project area associated with the tax increment financing c3istricts in order to allow the HRA to assist Wallboard, Inc. in constructing a 30,000 square foot building in the industrial park south of I-694 and east of East River Road. The Planning Commission's role is to adopt the resolution confirming to the proposed modification to the redevelopment plan is consistent with the Comprehensive Plan. Staff recommends approval. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to recommend approval of a Resolution of the Fridley Planning Commission Finding the Modification to the redevelopment Plan for Redevelopment Project No. 1 to be Consistent with the Comprehensive Plan of the City. UPON A VOICS VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED ONANIMOIISLY. 6. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 29, 1996 MOTION by Mr. Kuechle, seconded by Mr. Saba, to receive the minutes of the May 29, 1996, Appeals Commission meeting. UPON A V�ICE VOTLF ALL VOTING AYE, VICL-C�AIRPERSON RONDRICR DECLARED THE MOTION ��RRIED IINANIMOIISLY� 1.14 PLANNING COMMi88ION ME$TING JIILY 10 1996 PAGE 15 7. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF JUNE 3. 1996 MOTION by Mr. Sielaff, seconded by Mr. Oquist, to receive the minutes of the June 3, 1996, Parks and Recreation Commission meeting. IIPON A VOICE VOTS, ALL VOTING AYB, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOUSLY. OTHER BUSINESS MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend that the City Council formally honor or recognize Onan Corporation who received the Minnesota Governor's Award for pollution prevention. IIPON A DOICT VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DBCLARED TH8 MOTION CARRIED IINANIMOIISLY. ADJOURNMENT ' MOTION by Mr. Oquist, seconded by Mr. Sielaff, to adjourn the meeting. IIPON A VOICL VOTE� 1�,L VOTING AYS� VICE-CBAIRPBRSON RONDRICR DLCLARED TS$ MOTION CARRITsD AND T8E JIILY 10, 1996, PLANNING COMMI88ION METsTINC� ADJOIIRNSD AT 10:00 P.M. - Respectfully submitted, � (� � Lavonn Cooper Recording Secretary 1.15 CiTY OF FRIDLEY PROJECT SUMMARY ut,(:KIP TIDN OF REQUEST: The petitioner requests that a special use permit be issued to allow construction of a second accessory structure measu�ing 24' x 26'. If approved, the pefitioner would construct a new accessory structure in the rear yard. SUMMARY OF ISSUES: Section 205.07.01.C.(1 } of the Fridiey Ciiy Code requires a special use permit for construction of a second accessory structure over 240 square feet. Located on the property is a single family dwelling unit and a detached first accessory structure measuring 20' x 22'. The entrance to the first accessary stru�ure faces Chesney Way, with little or no setback from the street. The Engineering Department has indicated a desi�e to have only one access point from Chesney Way. A more preferred altemative for the petitioner would be to remove the first accessory structure constructed in 1961 and oonsotid�te that space into one structure located in the rear yard. Chesney Way, however, services only three dwellings, so the traffic conflicts are not as great as on a typica! street. RECOMMENDATION: Due to the age of the firsf accessory structure, the multiple driveway cuts, and the setback of the first aocessory structure, staff recommends that the Planning Commission recommend denial of the request to the City Council. This reques# is an opportunity for the City to work with the applicant to redevelop the lot in a more typical manner. PLANNlNG COMMISSION ACTION: The petitioner wants to retain the older garage and understands that it is nonconforming. Since the petitioner agreed to remove the hardsurtace adjacent to the existing garage, the Pianning Commission voted unanimously to recommend approval of the request with one stipulation: 1. The petitioner shall remove the hardsurface parking area adjacent to the dwelling unit. This area shall be resodded or seeded. CITY COUNCIL RECOMMENDATION: With the removal of the third access point, the request is consistent with similar requests previously approved requests. Staff, therefore, recommends that the City Council concur with the Planning Commission action. Staff Report SP #96-12, by Dat Tran Page 2 Petition For: Location of Property: Lega! Description of Property: Size: Topography: Existing degetation: Existing Zoning/Platting: Availability of Municipal ' Utilities: Vehicular Access: Pedestrian Access: Engineering lssues: Site Planning Issues: PROJECT DETAII.S A special use permit to allow construction of a second acxessory structure over 240 square �eet. 7300 East River Road N.E. Lot 3, Chesney Acres 80' x 177 ; 14,160 square feet �iat Typical suburban; sod, trees, shrubs, etc. R-1, Single Family Dwelling; Chesney Acxes; 1961 Connected Chesney Acres � N/A 2,Q2 Staff Report SP #96-12, by Dat Tran Page 3 ADJACENT SITES WEST: SOUTH: EAST: NORTH: Zoning: R-1, Single Family Dwelling Zoning: R-1, Singie Family Dwelling Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential Comprehensive The zoning and Comprehensive Plan are consistent in this Planning Issues: location. Public Hearing To be taken. Commenis: REQUEST The petitioner requests that a special use permit be issued to allaw oonstruction of a second accessory stnx�ure measuring 24' x 26'. If approved, the petitioner would construct a new aocessory structure in the rear yard. . PARCEL DESCRIPTION AND HISTORY The subject parcel is located at the intersec�ion of Chesney Way and East River Road. The property measures 80' x 177' with the shorter of the Mro frontages facing East River Road. The property was platted in 1961. Chesney Way services a total of three properties. Located on the subjecc;t parcel is a single family dw�elling unit, a detached garage measuring 20' x 22' constructed in 9961, and a paved parking surtaoe large enough for two vehicles adjacent to the dwelling and detached garage. There is no documentation as to when the dwelling was constructed. The detached garage c�tains two single garage doors and f�es Chesney Way with little or no setbadc between the garage and the street. ' 2.03 Staff Report SP #96-12, by Dat Tran Page 4 ANALYSIS The petitioner's request is typical of similar requests reviewed by the Planning Commission. This request is somewhat unusual in that the length of the lot is paral{el with Chesney Way. The location of the first accessory structure is also unique. The Engineering Department expressed a desire to consolidate the multiple access points along Chesney Way. With the addition of a second accessory structure, three access points will be adjacent to Chesney Way on the subject parcel (parking surface, first accessory, second accessory). A prefeRed altemative would be to remove the first accessory structure and consoiidate its space with the proposed structure. This would provide the petitioner with the desired space, and would eliminate multiple curb cuts adjacent to Chesney Way. The additiona! hardsurface area could a{so be removed, increasing the green space on the parcel. The request as proposed meets the setback requirements and does not increase the lot coverage to over 25°lo as permitted by code. RECOMMENDATION Due to the age of the first accessory structure, the multiple driveway cuts, and the setback of the first accessory structure, staff recommends that the Planning Commission recommend denial of the request to the City Council. This request is an opportunity for the City to worlc with the applicant to redevelop the fot in a more typical manner. PLANNING COMMISSION ACT10N The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulation: The petitioner shall remove the hardsurface parking area adjacent to the dwelling unit. This area shal) be resodded or seeded. C1TY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. ►►�i�! SP �i96-12 � SP #96-12 Dat Tran 73 00 East River Road CATI O N MAP � s .� o � � �. � ` T� �� ,-' 3 Jr� �' 2 C'' i r , SP ��9fi-12 Dat ran �n � � � � 3 s >� P �-, j . .� : , � r � �;. -r , �^ � ; �u ; ; � i .._ ��- � 3 � ��; � � � � - . � - �� l ' Y . � , , �. . O .� � _� ' j � ; i � : ; h . . ; . , _ ._ , __ �� _ ..�_: _ ____.i i ___-.,� �,.W:�,, r3 2 � �3 ---- � � �-- � � � o � � . 4 � � - � � C � li.s � � � C� Y � G■O6 � �� /J� � � -� J \ i � i ;'�i � � �l i \ � � V � i � � z � L� �i � y� � � �� PLANNING COMMISSiON MEET(NG JUNE 19 1996 PAGE 4 Mr. Oquist stated that he believed a prog�am like the Banfill Cen±er for the Arts should�� be affiliated with the County and funded accordingiy. / � Mr. Kondrick stated that each year, the Human Resources Commission t agonize over the funds to be given to many very worthy organizations. His ha�oes off to this Commission for doing a great job with ifs recommendations. / Mr. Sielaff stated that he needed additional clarification for e criteria used to determine funding allocations. He also believed that i at criteria, heavier emphasis should be placed on those programs where the citi s of Fridley are truly being served as opposed to his view thaf some of the ganizations that made applications were from outside the Fridley area and may serve Fridley residents. Mr. Oquist stated he was surprised at w many Fridley residents are actually served by these organizations that make a lications. Although the orga�ization itself may be outside the City, the peopte bei helped by the organizations are very often Fridfey residents. Mr. Sielaff reiterated hi interest in additiona! infamation in the future about how many Fridley residents ar eing served by a pragram. A general disc sion ensued regarding the funding. Mr. Kondrick, seconded by Mr. Oquist, to approve the Human Resources 's recommendations %r 1996-97 CDBG Huma� Service funds. N A VOICE VOTE, ALL VOTING AYE, CHAIR?ERSON SAVAGE DECLARED MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #96- 9 2, BY DAT TRAN: Per Section 205.07.01.C.(1) of the Fridley City Code, to allow accessory buildings other fhan the first accessory building, over 240 square feet, on Lot 3, Chesney Acres, generally located at 7300 East River Road. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARlNG OPEN AT 7:50 P.M. Ms. McPherson stated that the special use permit request was to allow const�uction of a second garage at 7300 East River Road. The subject parcel is located at the intersection of Chesney Way and East River Road. Chesney Way is a dead-end street containing three dwellings. It is focated south of Osborne Road. 2.�7 PLANNING COMMISSlON MEETING JUNE 19 1996 PAGE 5 Ms. McPherson stated that located on the subject parcel is a singie family dweliing unit and an existing 20'x22' detached garage with the doors facing Chesney Way. The petitioner is proposing to construct a 24'x26' detached garage to the rear of the dweUing unit_ The petitioner proposes to maintai� the existing garage as well as the hardsurface parking area located adjacent to the dweiling. Ms. McPherson stated that if the request was approved, the�e would be three curb cuts from the property onto Chesney Way. The Engineering Depa�tment prefers to limit the number of access points to the property, and would like to see them consolidated into one. An alternative the petitioner could pursue would be to construct one large ga�age and remove the existing garage and parking area. This would be especially beneficial as there is no setback from Chesney Way to the existing garage. Ms. McPherson stated that staff recommends that the Planning Commission �ecommend denial of the �equest to the City Council. Staff recommends that one garage would be a preferred alternative. Ms. Savage asked if any of the neighbors called �egarding the requesf. Ms. McPherson stated she had �eceived finro phone calls regarding the request. She stated that neither ca!!er expressed any conce�ns with the request_ None of the properiy owners on Chesney V11ay called regarding the �equest. Mr. Sielaff asked if staff was recommending denial because there should only be one access to the street? Ms. McPherson stated that was correct. Ms. McPherso� clarified the access to the existing driveway. Mr. Oquist asked about the parking area adjacent to the existing garage. Ms. Savage asked if the�e were specific criteria that needed to be evafuated for this type of special use permit request. Ms. McPherson stated that there are no criteria specifc to second accessory special use permit requests, however, the City has the discretion to look at traffic, impacts to adjacent prope�iies, access, etc. Ms. Savage asked if the petitioner would need a variance. Ms. McPherson stated no, not for the request as it is currently presented. Mr. Saba .asked how ciose the existing garage was to the street? 2.�8 PLANNING COMMISSlON MEETING. JUNE '!9 1996 PAGE 6 Ms. McPherson stated approximately one to two feet. Ms. Savage stated that the petitioner wanted to keep the first garage. She asked if a variance was needed for the request. Ms. McPherson stated that the request met the setback requirements. Mr. Kondrick asked what could be done about the existing garage. Ms. McPherson stated nothing, it was nonconforming, but untii it is damaged to more than 50% of its value, the City does r�ot have the authority to remove it. Dat Tran, petitioner, stepped to the podium. Ms. Savage asked the petitioner how he felt about staff's alternative to combine the two garages into one? Mr. Tran stated tha# if the existing garage was removed, the family would lose the privacy on that side of the house. He stated there is a bathroom and bedroom on that side of the dwelling. Mr. Kondricic asked if that �,�as the front of the house. Mr. Tran stated that was the side. Mr. Kondrick asked what the distance was between the house and ihe street on that side? Ms. McPherson stated 25-30 feet. Mr. Tran stated the distance between the house and garage was about three feet. Ms. Savage asked which house would have an impact on the family's privacy? Mr. Tran stated the house to the no�th. Mr. Oquist stafed thaf if the garage was removed, the privacy issue would be similar to every other house in the City. Ms. Savage stated there were only three properties on the street. M�. Tran asked if he could get a permit to build a new garage addition attached to the old one? Ms. McPherson stated that that request would require a variance approval as the 2.09 PLANNING COMMISSION MEETING JUNE 19 199f PAGE 7 ga�age is too close to the street. Mr. Kondrick asked when the garage was built. Ms. McPherso� stated 1969. There is no record of when the dweiling was built_ The property was platted in 1961. Ms. Savage stated that #he existing garage was a two-ca� garage. Is it smailer than a typica! two-car garage? Ms. McPherson stated yes, typicai two-car garages are 24 feet by 24 feet. Ms. Savage asked the Mr. Tran why he needed the extra garage space? Mr. Tran stated that opposed to building just a shed, he #elt that a garage with a long driveway would provide more space. The family has six cars. Adding on to the exisi#ng garage wouid be a p�oblem because of the snow in the wi�ter. Mr, Oquist stated that building a new garage was a good idea, but the problem facing the Commission was the access points on the property. lf the existing garage could be removed, it would consolidate the property. Ms, Savage asked about tt�e hardsurface parking area Mr. Tran stated that it was there when the #amily purchased the house. He siated the rear yard does nat get used very much. Mr. Saba asked if the petitioner could remove the hardsurface parking area �ince the new garage is proposed to have a new driveway? This would eliminate one of the access points. Mr. T�an stated he would have to discuss it with the rest of the famiiy. _ Mr. Oquist asked if the existing ga�age.was used? Mr. Tran stated yes. He stated thaf there is not enough room to park all of their cars, so one of the ca�s must be parked on the street. Mr. Saba asked how staff would feet about the request if the hardsurface parking area was removed? Ms. McPherso� stated that.if the parking area was removed, it would �educe the number of access points to #wo, which is consystent with previously granted requests. Ms. Savage stated that the problem was the three access points. 2.10 PLANNING COMMISSION MEETING JUNE 19 1996 PAGE 8 Mr. Saba stated that the City tries to make requests consistent with each other. The Commission would like to see one of the access points removed. He would be willing to approve the request if the parking area was removed. Mr. Tran asked if he would be permitted to attach the new garage to the old garage. Mr. Oquist siated that the City would have a probtem with a garage that close to the street. Ms. McPherson stated that a variance would be required, and that it probably would not be approved as it was outside of what had been previously granted. Mr. Oquist stated that aesthetically, the addition to the existing ga�age would become a very long oppressive buifding. Mr. Oquist stated that he liked the proposal; he would prefer to have the existing garage removed, but he could understand the petitioner's position. Mr. Saba asked the petitioner if the Commission could table ihe item until the next meeting to allow him to evaluate removing the parking area to reduce the number of access points? . Ms. Savage asked staff if they would�oppose the request if the parking area was removed? Ms. McPherson stated that the Engin�ering Department still has a problem with the setback of the original garage, but two access points is consistent wi#h what has been approved previously. Mr. Tran agreed to the tabling of the item. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. _ UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M. MOTION by Mr. Saba, seconded by Mr. Sielaff, to table special use permit request SP #96-12 until the July 10, 1996 meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRiED UNANIMOUSLY. � 3. RECEIVE THE MlNUTES OF T.H�PARK� 1�tvn t�F�'r��nT�nr.i rnnnn�icc�n�� 2.�1 MEMOl�:ANDUM PLArTNTNG DIVISI�N DATE: July 18, 1996 TO: �Iliam Bums, City Manager� � �/ J FROM: Barbara Dacy, Community Development Director Scott Hickok, Ptanning Coordinator Michele McPherson, Planning Assistant SUBJECT: Approve Comprehensive Sign Plan for The Gym, 6525 University Avenue The Gym is currently leasing the building located at 6525 University Avenue. Also � located in the same building is a video store. The owner of The Gym has sublet a portion of his space to a third tenant,- Minnesota Gym G�r. Section 214.14 of the City Code states: "All owners of shopping centers and multiple use buildings of three or more businesses or industries, must submit a comprehensive sign plan to the City Council for approvaf." As Minnesota Gym Gear is the third tenant in the building, the owner has submitted a comprehensive sign plan for approval. The existing signs on the building are intemaNy lit, individual letters indicating "The - Gym", and "Video". The new sign is proposed to be a four foot by eight foot intemally lit cabinet sign. The total square footage of signage complies with the ordinance requirements for wall signage. The comprehensive sign plan indicates that any new signage will be intemaHy lit cabinet signs. They wiN be required to comply with the ordinance requirements for size. RECOMMENDATION Staff recommends that the City Council approve the attached comprehensive sign plan for 6525 Unviersity Avenue. MM/ M-96-34i 3.01 July 16, 1996 City of Fridley 6431 University Ave. NE Fridley, MN 55432 To Whom it May Concern, I Ted Harrison, being the main leaser of the property located at 6525 University Ave. N. give permission for Minnesota Gym Gear, Inc., who is subletting from me at this property to ubtain and put up a Box sign on the property advertising his portion of the business. Any new signs to be put up at this address after July 16, 1996 will be Box signs as well. Sincerely, Ted Harrison The Gym in Fridley, Inc. 6525 University Ave. N. Fridley, MN 55432 3.02 •• � c� � [- --� - �--� � J� � �i � �� M_ � 0 � � � � � � I � /� � Q V � _ � � 3.03 a � � d o�o 0 .,�'=3pv�� L i � d N � t V� Q. V � _ .D� A O � � � i U Q �'y d � d � Q. N +_+ Q. c/� Q � � � .fl � �'a Q �1 A t O N d � � U � m � � W C .a �.. $ � a� o i i a� s•- �. � � Q. �+ C d Y "'' � � 3 '� �CdO�v� � ��-c s�o•3�... � _c � rn � . � � x � � eo � � O : �-Q°�N W � O ' �F � � a � � ��''�►;�� Q �..� i,- � � � �. '•�� ° � � .� �n � v � � . � i`�1�.�� o � � . -� � � U W N k �_z � � �- tfl � � = t��0 � M � � �� 1 . �. �, • a `' � � �� 0 , v I � I ` � `� a 'Q � � � � � � � e \ i� � � . \ �\. .� � . � � y� � -� � � � �� c, � \ �� MEMORAIVDUM PLAr�TING DIVISION DATE: July 18, 1996 TO: �Iliam Bums, City Manager r�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Repealing Ordinance No. 1062 Regarding Vacation of a Drainage and Utiiity Easement in Northco Business Park, for Indusirial Equities; 73rd Avenue and Northco Drive On January 8, 1996, the City Council conducted :the second and final reading of Ordinance No. 1062. The ordinance vacated a drainage and utility easement on property located near 73rd Avenue being developed by Industrial Equities. A certified copy o# the ordinance was sent to Commercial Properties Title, LLC for recording at , the time of closing. The legal description contained within the ordinance was prepared by the petitioner's surveyor. It referred to a lot and block desc�ption which was previously assigned to the property. Because the property subsequently was platted, the previous lot and block description does not coincide with the descripiion � on the Torrens certificate. The Anoka County Register of Titles Torrens office determined that the ordinance as currently described cannot be recorded. In order to . correct Ordinance No. 1062, it must be repealed, and a new ordinance containing the corrected legal description must be adopted. The ordinance with the correct legal description appears later in the agenda. RECOMMENDATiON Staff recommends that the City CounciJ conduct the first reading ot the attached ordinance repealing Ordinance No. 1062. MM/dw M-96-328 ORDINANCE NO. AN ORDiNANCE TO REPEAL ORDINANCE NO. 1062 PERTAINING TO VACATION OF A DRAINAGE AND UTILITY EASEMENT The City Council of the City of Fridley does hereby ordain as follows: SECTION l. Ordinance No. 1062 contained an erroneous legal description regarding the vacation of a drainage and utility easement. SECTION 2. Because of the erroneous legal description, Ordinance No. 1062 shali be repealed in its entirety. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK , First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR 4.02 �� CO/�1ME RC IAL PARTNERS T 1 T L E, L L C o Minnesoio LimAed Liability Company Represenling: Chicago Title /nsurance Company June 18, 1996 Ms. Barb Dacy City of Fridley 6431 University Avenue NE Fridley, MN 55432 RE: CP File �.�,r�. i n�g� File Name: Northco / Industrial Equities Ordinance No. 1062 Dear Barb: The Anoka County Registrar of Titles office has requested the following changes to the enclosed Ordinance 1062 before they will accept it for filing: . 1. The City Clerk must sign the document, they will not a�cept a stamped signature. 2. On page 2 in Section 1 they want Lot 2 removed from line five. 3. They want the mayor and city clerk's signa.ture to appear on page 3. A copy of their signatures is OK, as long as the City Clerk signature on page one is an original signature. I would appreciate your assistance in making this document recordable and then returning it to me for recording. If you have any questions please call me at 337-2498. Very truly yours, COMMERCIAL PARTNERS TITLE, LLC �f�►w�`" Jan' M. Miller Vice President 4.03 330 Second Avenue South • Suite 820 • Minneapolis, Minnesota 55401 • 612/337-2470 • FAX: 612/337-2471 ORDINANCE NO. 1062 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDI% C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. �-+S ts `"�. � � � `-�.e. Wa.g' c%di ca�d. e�. I�/�C.- `r�c.� (�-�i.e l �- li�— log��w�� l -� Z � � 2 �� 1A.ii�C� �,8 l�o✓l�c,ca ��k-t_ 2+�d . To vacate those particular 20.00 foot drainage and utility easements originally dedicated on the recorded plats of Northco Business Park and Northco Business Park 2nd Addition and now to be vacatea ' L Ls i and 2, Block l, in said Northco Business Par�and Lot 2, Block l, said Northco Business Par 2nd Addition and lying southerly of the northerly 20.00 feet of said lots. The centerline of said 20.00 foot easement is described as follows: Commencing at the most southerly corner of said Lot l; thence northwesterly, along the southwesterly line of said Lot 1, a distance of 62.51 feet, to the intersection with the westerly line of said Lot 1 (said intersection hereinafter referred to as �'Point A"); thence southeasterly, along a line passing through a point on a southeasterly line of said Lot 2, Block 1, Northco Business Park distant 29.00 feet southwesterly from said most southerly corner, a distance of 85.00 feet, to the point of beginning of the centerline to be described; thence northwesterly, a distance of 85.00 feet, to the above referenced "Point A"; thence northerly, along the westerly line of said Lot 1, a distance of 379.40 feet and said centerline there terminating, generally located at the southwest corner of 73rd Avenue and Northco Drive. All lying in the South Half of Section i1, T-3o, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulations adopted at the City Council meeting of January 8, 1996. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. 4.04 Page 2- Ordinance No. 1062 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF JANUARY, 1996. ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR November 27, 1995 December il, 1995 January 8, 1996 January 18, 1996 4.05 MEMORANDUM DEVELOPMENT DIRECTOR DATE: July 18, 1996 TO: Wiiliam Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Micheie McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Regarding Vacation of Streets and Alleys for 73rd Avenue and Northco Drive Attached please �nd an ordinance with the corrected Iegal description uacating the utility easement located on the Industrial Equities property located at 73rd Avenue and Northco Drive. RECOMMENDATION Staff recommends that the City Council conduct first reading of the ordinance with the corrected legal description. MM/dw M-96-329 5.01 ORDINANCE NO. AN ORDINANCE ONDER SECTION 12.07 OF THE CITY CHARTER TO VACATTs STREETS AND ALLEYS AND TO AMEND APPENDI% C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: 5ECTION 1. To vacate those particular 20.00 foot drainage and utility easements originally dedicated on the recorded plats of Northco Business Park and Northco Business Park 2nd Addition and now to be vacated which lie within Lot 1, Block l, in said Northco Business Park and Lot 2, Block 1, said Northco Business Park 2nd Addition and lying southerly of the northerly 20.00 feet of said lots. The centerline of said 20.00 foot easement is described as follows: Commencing at the most southerly corner of said Lot 1; thence northwesterly, along the southwesterly line of said Lot 1, a distance of 62.51 feet, to the intersection with the westerly line of said Lot 1 (said intersection hereinafter referred to as "Point A"); thence southeasterly, along a line passing through a point on a southeasterly line of said Lot 2, Block 1, Northco Business Park distant 29.00 feet southwesterly from said most southerly corner, a distance of 85.00 feet, to the point of beginning of the centerline to be described; thence northwesterly, a distance of 85.00 feet, to . the above referenced "Point�A"; thence northerly, along the westerly line of said Lot l, a distance of 379.40 feet and said centerline there terminating, generally located at the southwest corner of 73rd Avenue and Northco Drive. All lying in the South Half of Section 11, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulation adopted at the City Council meeting of January 8, 1996. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. 5.02 Page 2 - Ordinance No. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF JANUARY, 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: November 27, 1995 First Reading: Second Reading: Publication: � 5.03 MEMOR.ANDUM HOUSING • _I� REDEVELOPMENT AUTHORITY DATE: July 17, 1996 TO: William Burns, City Manager �� fi FROM: Barbara Dacy, Community Development Director John Flora, Public Works Director SUBJECT: Award Bid for Street Improvement Project No. 96-04, Mississippi Street and 3rd Street Intersection Bid Ooenina On June 20, 1996, the City conducted the bid opening for the Mississippi Street and 3rd Street intersection. Eight contractors requ�sted ihe specifications, and four- returned bids. The bid amounts were as follows: 1. W. B. Miller, Inc. $212,616.20 2.� Midwest Asphalt Corp. $214,977.40 3. Alber Asphalf Co. $217,949.40 4. �and Dar, Inc. $255,302.10 OriQinal Cost The original estimate of the project's cost was $162,237.69. The original estimate included a 15°r6 continge�cy. After fu�ther discussion with Anoka County and City engineers, the additional cost overrun is a resul# of a combination of addiiiona! requirements by Anoka County and current market conditions/pricing by contractors. In addifion to the $50,378.51 overage is approximaie(y $14,883.13 for inspection costs, leaving a total additional cost of $65,261.64. Bid Cost Of the $50,378.51 overage, the engineer is estimating that approximately $26,000- 34,000 is a result of the County requiring complete remilling and sawcutting of the pavement at the intersection. A smaller amount of sawcutting and remilling was proposed in the plan specifications. Other factors affecting the costs are: l� Mississippi Street and 3rd Street Intersection July 17, 1996 P �e 2 A higher mobilization cost than originally anticipated of $13,000 (this is totally controlled by the individual contractor); 2. A higher per unit cost for asphalt because of the increase in the cost for oil since last year; and, 3. The traffic control requirements of the project itself total $5,000. Cost Sharinq Aqreement When the cost sharing agreement was originally put together, it was understood that additional costs would ultimately be the responsibility of the Housing & Redevelopment Authority. Each party (Rottlund, Anoka County, and Holly Center) stipulated a maximum contribution of $40,559 (although Holly agreed to $45,000 in its correspondence). The HRA, at its July 11, 1996, meeting, passed a resolutian agreeing to pay for all the additional costs in order to proceed with the pro}ect in a timely manner, subject to staff pursuing other contributions, if possible. Anoka County staff has agreed to process a request for Anoka County to contribute an additional amount equal to $20,000. The item will be considered by the Public Works Committee at its August 5, 1996, meeting. The item was considered at the July 15, 1996, Committee meeting; however, Commissioner McCarron was not present and the Committee postponed the consideration unti{ he can be in attendance. Staff did discuss the option of rebidding at a later point in time; however, it was noted that three out of the four bids were within $3,000 of one another. Rebidding could result in a higher cost and would delay implementation. The development agreement executed with Rottlund required payment of the 1/4 share of $40,559 upfront at cfosing in addition to the land sale price. lf the bids were below the original estimated cost, there would be no reimbursement to the developer. Section 3.4 of the agreement stipulates that there be no special assessments against the property for the intersection improvements or other site improvements. Rottlund is also responsible for any additional costs to the storm sewer connection to the south of the site which the HRA agreed to fund up to $25,000. Rottlund indicated that they cannot contribute additional funds due to unanticipated utility and other costs for the site preparation. Holly Center has been contacted to determine its willingness to contribute toward the project. They will be submitting a letter indicating their willingness to be assessed an additional $10,000 in order for the project to proceed, if the County agrees to pay an additionaf $20,000. 6.�2 Mississippi Street and 3rd Street Intersection July 17, 1996 Pa�e 3 Recommendation Given the HRA's approval of a resolution agreeing to pay for the overage beyond the original estimate, it is appropriate for the Council to proceed and award the bid. Staff recommends that the City Council award the bid for Street Improvement Project No. 96- 04 to W. B. Miller, Inc. BD:Is M-96-337 6.03 HRA RESOLUTION NO. - 1996 � \� � ,i � �� f\��/ � .�'/� � i �C,� �() RESOLIITION AIITHORIZING AN ADDITIONAL �� j��' REIMBIIRSEMENT TO THE CITY OF FRIDLEY FOR THE � MIS3IS3IPPI STREET/3RD STREET INTER3ECTION CONSTRIICTION PROJECT WHEREAS, Anoka County has required certain public improvements to be completed to the Mississippi Street and 3rd Street intersection as a result of the Southwest Quadrant redevelopment project; and WHEREAS, the City of Fridley opened bids on the project on June 20, 1996; and WHEREAS, the lowest bid was $212,616.20 resulting in an overage of $50,378.51; and WHEREAS, the HRA passed HRA Resolution No. 7- 1996 authorizing reimbursement of up to one-half of the original project cost of $162,237.69. . NOW, THEREFORE, BE IT RESOLVED that the Authority agrees to • reimburse the City of Fridley the remainder of the costs for the completion of the public improvements at the intersection of Mississippi Street and 3rd Street. • PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY THIS DAY OF , 1996. LAWRENCE R. COMMERS - CHAIRMAN ATTEST: WILLIAM W. BURNS - EXECUTIVE DIRECTOR 6.04 City of Fridley TO: William W. Burns, City Manager�� PW96-149 � FROM: John G. Flora, Public Works Director � Jon Wilczek, Asst Public Works Director DATE: July 22, 1996 SUBJECT: 1996 Street Improvement Project No. ST. 1996 - 1&2 Bids were opened on Thursday, July 18, 1996, for the 1996 Street Improvement Project No. ST. 1996 - 1&2. The project includes reconstruction of Alden Way from RiCkard Road to 79th Way'and East River Road to Burlington Northem xailroad tracks; sewer diversion from East River Road to Metropolitan Waste Environmental Services interceptor and miscellaneous overlays. Fifteen plans were sent out and six planholders submitted bids. Thomas .and Sflns Construction, Inc. of Rogers, MN, submitted the low bid in the amount of $523,333.64. We have run art analysis of the bids and although there was a$3,850 error in the low bid, making it $527,183.64, we feel that this bid is acceptable and falls within the range of the estimate. In 1996 we had budgeted $500,000 for the 1996 street construction projects, and $100,000 for the 1996 overlay construction plus $120,000 for the diversion of the East River Road sewer line into the MCES interceptor,for a total of-$720,000. Recommend the City Council receive the bids and contingently award the 1996 Street Improvement Project No. ST. 1996 - 1&2 to Thomas and Sons Construction, Inc. in the amount of �$527,183.64, upon approval of the plans and specifications by the Minnesota State Aid Office. JGF:cz Attachment 7.01 BID FOR PROPOSALS 1996 STREET IMPftO�TEMENT PROJECT NO. ST. 1996 - i&2 THURSDAY, JULY 18, 1996, 10:00 A.M. ; PLANHOLDER : BID BOND BID COM1ViENTS .; Thomas & Sons Construction Inc 5% United $527,183.64 13925 Northdale Blvd Ro ers MN 55374 W. B. Miller Inc. 5% Premier $549,859.75 6701 Norris Lake Rd Elk River MN 56330 Hardrives, Inc. 5% Pierless $554,528.94 14475 Quiram Dr Ro ers MN 55374-9461 Midwest Asphalt 5% Hartford $595,725.90 P O Box 5477 Ho kins MN 55343 Valley Paving Company 5% United $611,657.65 " 8800 13th Ave E Shako ee �VIN 55379 C S McCrossan Construction Inc 5% St Paul $623,710.70 7865 Jefferson Highway N Ma le Grove MN 55311 Davies Water Equip. Co. NO BID 4010 Lake Breeze Ave No Minnea olis MN 55429 Forest Lake Contracting NO BID 14777 Lake Drive Forest Lake MN 55025-9461 MN Pipe & Equipment Co NO BID 5145 211st St NW Farmin on MN 55024 Northern Water Works Supply NO BID 4124 83rd Ave N Brookl n Park MN 55443 Northwest Asphalt Inc NO BID 1451 County Rd 18 7.�2 BID FOR PROPOSALS (Continued) 1996 STREET IMPROVEMENT PROJECT NO. ST. 1996 - 1&2 THURSDAY, JULY 18, 1996, 10:00 A.M. 7.03 CAPITAL IMPROVEMENT PROGRAM PROJECT AREA STREETS Y��;::;:: ........>. 1996 April 10, 1996 E. RIVER RD. UPGRADE-PH IU STREET FUND (94 -$110,000)(ENCUMB) 275,000.00 E. RNER RD UPGRADE PH N STREET FUND {ENCUMB) (1995} 5,000.00 CENTRAL AVE BIKE PATH (HWY 65 TO 69TH) STREET FUND (MSAS FUNDS) (1995) 265,000.00 1995 SEALCOAT PROGRAM STREET FUND (ENCUMB) (1995) 89,949.00 1996 OVERLAY PROJECT STREET FUND 100,000.00 � 1996 SEALCOAT PROGRAM STREET FUND 146,000.00 1996 STREET RECONSTRUCT PROGRAM STREET FUND 500,000.00 r RIVERVIEW TERRACE STUDY STREET FUND 30,000.00 ' ALDEN WAY IMPROVEMENT STREET FUND . 250,000.00 SIGNAL (EVP) I�lIPROVEMENTS STREET FUND 40.000.00 ��;�:;>::>: 1997 E. RNER RD - PHASE V SIGNAL (EVP) IMPROVEMENTS 1997 SEALCOAT PROGRAM 1997 STREET RECONSTRUCT PROG �R::::<:: ..........:; . 1998 't 998 SEALCOAT PROGRAM 1998 STREET RECONSTRUCT PROG * NEW PROJECTS TOTAL PROJECT FOR STREET FUND STREET FUND STREET FUND STREET FUND TOTAL PROJECT FOR STREET FUND STREET FUND TOTAL PROJECT FOR 7.04 1.700.949.00 250,000.00 35,000.00 160,000.00 500.00O.DO E.�. �i� �Ii 160,000.00 500,000.00 .i ��i �� April 10, 1996 CAPITAL IMPROVEMENT PROGRAM PROJECT AREA SEWER ��'' � 1996 RELINE OR REPAIR SAN. SEWER LINE - 7TH ST FROM 61 ST NORTH 1300 FEET REBUILD INNSBRUCK LIFT STATION SCADA UPGRADE TO INNSBRUCK LIFT STA SCADA UPGRADE TO RNERWOOD EAST FtNEF2 ROAD DNERSION TO TO NIVVCC INTERCEPTOR ��;;<:�?: 1997 �, : RELINE OR REPAIR CORRUGATED SEWER LINE: ; = 7TH ST FROM BENNETi NORTH TO 67TH AVENUE (1,950 FEE� 57TH PLACE FROM 7TH WEST TO 1 ST MANHOLE (315 FEE� REBUILD VET CLINIC LIFT STATION SCADA UPGRADE�TO VET CLINIC LfFT STA SCADA UPGRADE TO EMBER LIFT STA. <::::> `��''�'`' 1998 RELINE 8 REPAtR 1900 FEET OF CORRUGATED SEWER ON 67TH AVE FROM 7TH ST TO MADISON � REBUILD LOCKE LAKE LIFT STA SCADA UPGRADE TO LOCKE LK LIFT STA " NEW PROJECTS `" RELOCATED PROJECTS SEWER FUND 85,000.00 SEWER FUND 52,000.00 SEWER FUND 10,000.00 SEWER FUND (ENCUMB - 95) 10,000.00 SEWER FUND (93 EhC�ilI8E280,00(i) 120„000:00 .� TOTAL-PROJECT FOR SEWER FUND SEWER FUND SEWER FUND SEWER FUND SEWER FUND: TOTAL PROJECT FOR SEWER FUND SEWER Fl1ND SEWER FUND TOTAL PROJECT FOR 7.05 � $277.Q00.00 f 85,000.00 25,000.00. 35,000.00 10,000.00 10.000.00 $165.000.00 75,000.00 � 50,000.00 10.000.00 5135.000.00 I. 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'� � � : s ' � �; • � �'-a'��'� �;�:' . : ��, � ;�.�- �_ `_ i.��, ', I' . � �•�`� � �I / . i � � �— � I ( r �'' —� . ��i�- \�, ....... -IddISSISSIW�l�_y ,';,`��i� YY.. � / ,�-�r .,, '�', �';t ��`�`<�, �`' �;Y•� � � - i .. _°"�;�'�'�..� �-�= � � ��,��v�� ',�/ i �.�� , �-- ` ` � / . � ,. � - - � , � � ��, o 7.07 �� ;li i W Eng�neering Se�er Wale� Parks Streets ,Maintenance City of Fridley .�I I�;.�I��I'�.�� \ Ii�� .�I TO: William W. Bums, City Manager ��,� FROM: John G. F1ora,rPublic Works Director Jon Wilczek, Assistant Public Works Director DATE: July 22, 1996 SUBJECT: Project No. ST. 1995 - 1&2 Change Order No. 5 PW96-148 During removal of the slipoff along University Avenue, it was discovered that the existing curb and gutter is B-624 rather than B-618. All previous surveying and as-built plans that were available had shown the curb and gutter in that area to be B-618, in fact all the curb and gutter that was removed was B-618: To provide consistent curb and gufter style along University Avenue and provide the structural needs for the roadway, it is recommended that B-624 be used to match the existing curb and gutter. The contractor has provided us a price of $11.80Llineal foot for . B-624 which is $2.50 rnore than the cost of the B-618. Cost of the curb and gutter shall be bome by the State of Minnesota since it is their facility that is being renovated Recommend the City Council approve Change Order No. 5 for the 1995 Street Improvement Project ST. 1995 - 1&2 to Hardrives, Inc. in the amount of $4,956. Jw/JcF:cz Attachment 8.01 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.F. FRIDLEY, MN �5432 July 22, 1996 Hardrives, Inc. 9724 lOth Ave N Plymouth MN 5�441 SUBJECT: Change Order No. 5, 1995 Street Improvement Project No. ST. 1995 - 1&2 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the 1995 Street Improvement Project No. ST. 1995 - 1&2 by adding the following work. This ii;em was necessary to replace the existing curb and gutter in the process of closing the 60th Avenue slipoff. E�usting as-buiits showed B-618 curb and gutter but it actually was B-624. �.._ . `2531.5011 B-624 Curb & Gutter TOTAT CHANGE ORDERS• � Lin Ft � $ TOTAL ADDITION $4,956.00 $4,956.00 Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $573,282.80 Contract Addition/Deduction - Change Order No. 1 (Deduction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3,677.15) Na 2 (Deduction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8.00) No. 3 (Addition) . . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . . . . . . 11,477.15 No. 4 (Addition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,498.45 No. 5 (Addition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,9�G.00 REVISED CONTRACT A1�ZOUNT $5�,�2� �� 8.�2 Hardrives, Inc. Change Order No July 22, 1996 Page 2 Submitted and by Checked Approved and Approved and Approved and a by John G. Flora, Public Works Director, on the 24th day of June, 1996. � Jo G. Flora, P.E. irector of Public Works . � �-, - tlus day of , 1996 by RDRIVES, INC. �. ,��. i%/� -�:1�i� �i � • � � . • �i�. . . � this day of , 1996 by this day CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager 199G by Metro Division Assistant State Aid Engineer : 1 TO: V� FROM: Ji � DATE: Ji City of Fridley im W. B�rns, City Manager ��}' 1 G. Flora� Public Works Director 22, 1996 SUBJECT: NolParking Resolution - Alden Way Alden Way bet� 1996 State Aid State .Aid reqi The improve approval and Recommend Cit between Rickarc Jw/JGF:cz Attachment PW96-147 Rickard Road and 79th Way is to be improved by the City under our ; a minimum of 38 �foot width to permit parking on both sides of the street. its to Alden Way will result in a 32 foot width. To obtain State Aid ding, the City must post "no parking° on one side of the street. � Council adopt the resolution to post °no parking" signs on Alden Way Road and 79th Way. 9.01 RE.90LUTION I�. - 1996 RFS07�TF1�1 ALfl'f�RIZIl0.; 'II� POSrII� OF �TD PARi�iQ' SIQJS ON ONE SIDE OF A � MSAS STREE'P %�, the "City" has planned the improvement of the following MSAS street se�ments: Alden Way Rickard Road to 79th Avenue WI�REAS, the "City" will be expe.ndixig Municipal State Aid Fiirids on Street Imprvvement Project — ST. 1996 - 2, arid W�S, this impraveme,nt does not provide adequate width for parki.ng on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and �S, the extent of these restrictions that would be a necessary prer��;site to the appraval of this construction as a Municipal State Aid project in the "City", has been determined. Nl7W, TF��oRE, BE IT RE90LVED by the City Council of the City of Fridley that the City is hereby authorized � to post "No Parking" signs on one side of the stx�ets as noted belaw �on axt�letion of Street Improvement Project — ST. 1996 - 2. Alden Way SAP 127-333-03 East Side PASSID �ID ADOP�i'ID BY T� CITY OOUNCIL OF 2i� CITY OF FRIDLEY TFIIS 22ND I�Y OF JULY, 1996. ATI'EST: . � . �. . � �__ �: . WILLIAM J. NEE - MAYOR 9.02 TO: WILLIAM W. BURNS, CITY MANAGER m�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR PAUL S. HANSEN, STAFF ACCOUNTANT SUBJECT: I MODIFICATIONS TO THE 1996 BUDGET DATE: ,� July 17, 1996 Attached you will find a resolution amending appropriations to the 1996 budget in accordance wi the City Charter. The adjustme ts listed have arisen as a result of donations, unforeseen expenditures, and reclassificatio of account codings. All adjustments have been informally approved by you tbrough the udget Reappmpriation Form. We request that Council approve the amendment o the attached budgets. RDP/ph Attachment I � 10.01 RESOLUT[ON # � 199C A RESOLUT[ON AUTHORIZING Ct{ANGES IN APPROYR[ATIONS FOR TIiE CENERAL FUND FOR THE SECOND QUARTER OF 199G. WIIERL;AS, thc City of Frid(ey has involved itself a� u�itiatives that Eirc>vicle for future charges and modifications that will allow for a better detivery of service, and WHCREAS, tl�e City of rridley had not incorporated these and other necessary changes into the adopted budget for 1996. NOW, THCREFORE, I3E IT RESOLVED that the General Fund budget for the following divisions be amended as follows: GENERAL FUND REVENUE ADJUSTMENTS DONAl10N — RECREATION DONAl10N — RECREA�110N DONATION — RECREAl10N DONA710N — RECREAl10N DONAl10N — POUCE PAYMENT FROM OTHER CIl1ES TOTAL REVENUE ADJUSTMENTS 200 500 300 5,000 1.700 1,700 _ 9 400 APPROPRIATION ADJUSTMENTS PERSONNEL SUPPUES/CHARGES 2,000 POUCE CAPITAI OUTLAY 1 ? ,665 PERSO�'ALSERVICES (11,665) PERSONAI SERVICES 1,700 CAPITAL OUTLAY 4,432 SUPPUES/CHARGES (4,43?� RECREA710N SUPPUES/CHARGES 200 SUPPUES/CHARGES 500 SUPPUES/CHARGES 300 SUPPLIES/CHARGES 5,000 TOTA� APPROPRIATION A�JUS7MENTS $9,700 EMERGENCY RESERVE POWDOUR POUF BEAUTY SALON — MISS FRIDLEY FRIDLEY LIONS C�UB-49ERS DAYS PARADE FRIDLEY VFW — CHIIDREN'S ENTERTAINMENT 49ERS DAYS FRIDLEY UONS CLUB-49 DAYS CELEBRAl10N FUNDING FROM COLUMBIA HEIGHTS FOR A "ZONE" SUPERVfSOR ANOKA COUNTY INSTRUMEN7ALI71ES HIRING OF A CONSULTANT TO NEGATIATE FOR 96-97 RATES ANOKA COUNTY INSTRUMENTAUTIES HIRING OF A CONSULTANT TO NEGATIATE FOR 96-97 RATES MP5 RIFLES MP5 RIFLES FUNDING FROM COLUMBIA HEIGHTS FOR A '20NE" SUPERVISOR RECLASSIFICATION OF ACCOUNT COOING RECLASSlFICATtON OF ACCOUNT CODING POWDOUR POUF BEAUTY SALON — MIISS FRIDLEY FRIDLEY LIONS ClUB-49 DAYS PARADE FRIDLEY VFW — CHlLDREN'S ENTERTAINMENT 49ERS DAYS FRIDLEY LIONS CLUB-49 DAYS CELEBRATION 300 ANOKA COUNTI' INSTRUMENTALITIES HIRING OF A CONSULTANT TO NEGATIATE FOR 96-97 RATES (3001 CAPITAL IMPROVEMENT FUND APPROPRIATION ADJUSTMENTS SUPPUES/CHARGES 6,222 ERGONOMIC CHAIRS TOTAL APPROPRIAl10N ADJUSTMENTS $6.222 PASSED AND ADOPTED I3Y THG CITY COUNC[L OI� TIiG C[7'Y OI� PRIDLEY TI IIS TI I DAY OF , 1996. — WILLIAM J. NCE - M!\YOR ,�TTEST: WII_LIAM A. CI�AMPA - C[`I'Y CLI:RK 10.02 r ATT��-� � .. ..�.� TO: I WILLIAM W. BIIRN3, CITY MANAGER ,�i� Y � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR BARBARA DACY, COMMUNITY DEVELOPMENT DIRECTOR HOWARD D. ROOLICR, ASSI$TANT FINANCE DIRECTOR SIIBJECT: DATE: Background Steiner De� constructi� project at Road and M� named as t Mayflower � used to be from the si OSBORNE COMMERCE CENTER SPECIAL ASSESSMENTS July 18, 1996 �lopment Inc., on behalf of Consolidated Container, is � a 101,600 square foot multi-tenant office warehouse :he 8.9 acre site at the northwest corner of Osborne n Street. About half of the proposed building, to be a Osborne Commerce Center, will be occupied by Gazda o is vacating their current site in Coon Rapids. Gazda ocated in Fridley in the 1980's just across the street ��ect site. The develop r has submitted a letter (see attached) requesting that the interes costs only of the original assessment be spread over ten years. A reduction of the assessment is not requested. The 8.9 ac e site is legally described as two separate parcels. The two par els were assessed for storm sewer improvements which were const cted as part of the Commerce Lane portion of Street Improvement Project 1989 - 1& 2& Addendum No. 1. The assessments for the two properties totalled $52,105.47 and were deferred until a building permit was issued. City Attorney Fritz Knaak has advised the City that payment could be interpreted as cash payment plus an agr ement to pay a portion over some period of time. The Commerc Lane assessment roll was adopted in 1990 and is a ten year roll w ich ends in the year 2000. Interest was set at 8 1/2�. As of Dece er 31, 1995, the balance owing, which includes accrued interest, w s$71,171.16. This balance can be broken down into the following t ree components: 11.01 Principal due through 1996 Principal due in 1997-2000 Accrued Interest thru 1995 $31,263.30 20,842.17 19,065.69 $71,171.16 The $31, 263. 30 was paid in cash when the building permit was issued on July 15, 1996. The $20,842.17 will be collected with interest through the property tax system similar to all other assessments between 1997 and the year 2000. The accrued interest of $19,065.69 plus interest for 1996 of $2,184.48 is the issue that the developer would like Council to consider. Developer's Proposal Steiner Development is proposing to pay the total interest of $21,250.17 ($19,065.69 +$2,184.48) over ten years. The annual payments of $2,125.02 would be levied as a separate assessment against these properties. At the completion of this roll, the City will have collected all principal and interest which would have been due had the assessment never been deferred. While there is no revenue loss under this proposal, there is the lost interest earnings on these funds. City Assessor Ed Hervin estimates that the City's portion of the taxes on a warehouse facility�of this size would be in excess of $30, 000 per year. This amount more than offsets an� potential lost interest incurred by extending the payment period. Economic Development Issues The petitioner has not requested tax increment financing assistance. The site is in a redevelopment project area, but not a tax increment district. In 1989, the HRA considered a request by RMS to pay for the special assessments. RMS subsequently chose a site in Coon Rapids. The proposed request will not result in any financial loss to the City given the size of the project and the property taxes. Further, there will be no impact to the Housing and Redevelopment Authority's budget. RECOMMENDATION Staff recommends that the City Council direct staff to prepare an assessment roll which spreads the $21,250.17 interest amount over a ten year period. 11.02 Ste� ner D�velop 3610 SOUth Higl Wayzata, MN S: (612 ) 473-5650 ,._```#�- �;Y, `�� ;;'P'vs.. `:as�.��.� t, Inc. 101 473-7058 Barb Dacy ' Community Develo ment Director CITY OF FRIDLEY Municipai Center 6431 University Av nue Northeast Fridley, MN 55432 RE: OSBORNE OMMERCE CENTER SPECIAL A SESSMENTS Dear Barb: July 15, 1996 This letter serves a the developer's acknowledgment that, upon payment of the building permit, we will pay sixty perce t(60%a) of the principle balance for the outstanding special assessments. We agree to pay the re aining principle balance, plus all accrued interest through the end of this year, over the next four ears (1997, 1998, .1999, 2000) as an addition to the annual real estate taxes and assessments due a d payable in that year. Though we acknowl dge our agreement to pay the entire interest over the next four years, we request that the Ciiy of Frid ey consider the payment of this interest on these special assessments over ihe next ten (10) years r the following reasons: The Osborne Cc reai estate nee suburbs. Total often the primar such as these a costs to the higf into this Fridley � • We are request tax or assessm square foot ind� for the City of F Thank you for your interest payments. Sincerely, STEINER DEVELOE ,� b' tl,� � • David L. Kordonowy Vice President im�rce Center will be a 101,600 square foot multi-tenant pro�ect that will meet the ; for small businesses that are presently within Fridley or adjoining northern ccupancy costs (rent, common area expenses, and real estate taxes) are quite factor for a small business deciding on a location. Any extraordinary expense, ,umutated interest charges on the special assessments, will push the occupancy st end of the marketplace, which will impact the success of drawing businesses an extension of only interest qavments on these special assessments, and not a reduction. We feel this extension wiU be more than offset when this 101,600 ial building is fully leased which will then generate significant real estate taxes p on this matter, and for the City of Fridley considering the extension of these ENT /��/�,12��ti \ � 1.03 ///o;", "'��'�Q\ %��\ r ti�� .,or:� `�� Y ,, .. � Fridley Police Department Memor�andum To: Wilii m Burns ,��°� From: Lt. erb Zimmerman Date: July 11, 1996 Re: 199 /1997 Animal contract Attached yo will find the proposed animal contract for 1996/1997. The current contract expires on uly 31, 1996. There are two changes to the contract from the previous year. Under Secti n I. TERM, The years of the contract have been changed from 1995/1996 to 1996/1997. nder section VII. COMPENSATION, the amount has been increased two percent, fro $1,250 to $1,275 per month. The Police epartment continues to be very satisfied with the professional service we have receiv d from Skyline Vet. Dr. Steve Branjord has signed the contract and if this meets with our approval all that is needed is the Mayor's signature. I am, of available for any questions or comments you or the council may have. 12.01 ANIMAL CONTROL CONTRACT This contract, made and entered into this llth day of Juiy, 1994 by and between the Skyline Veterinary Hospital, 6220 Highway 65 N.E., Fridley, Minnesota 55432, hereinafter referred to as "animal shelter" and the City of Fridley, a municipal corporation, 6431 University Avenue, Fridley, Minnesota 55432, hereinafter referred to as "city". I. TERM The term of this contract shall be from August 1, 1996 through July 31, 1997. II- ANIMAL SHELTER SERVICES The city agrees to purchase and the animal shelter agrees to furnish the following services: 1. 2. Shelter for animal drop-offs on a 24-hour basis. Animal examinations and veterinary care as required during normal business hours. 3. Seized stray animais sha].1 be held for five (5) regular business days. After five regular business days the city shall have no right or interest in such animals. 4. 5. � 7. Euthanasia and disposal if required due to serious injury, illness, or after five regular business days, in compliance with�State Statute MS 35.71. Receiving and disposing of dead animals delivered by the city. Upon request, train city animal control officers in safe and humane handling and apprehension of animals. Keep accurate records of all animals impounded, boarded, and destroyed, pursuant to this agreement and furnish monthly statements to the city. 8. Keep the animal shelter open during normal business hours of the Skyline Veterinary Hospital and not less than normal business hours of the city. 9. The animal shelter, during nora�al business hours, shall be open for inspection by the city or it's agents. 12.02 1. Collect license fees from owners who retrieve animals not currently licensed and return fees to the city. l�. Collect boarding fees at $12.00 per day, per animal i from owners who retrieve animals and return 500 of the fees to the city. 12. Hold any impounded animal being reclaimed until proof of applicable current licensing and rabies vaccine is produced. 13. Serve as animal control officers for the city, as defined in Fridley City Code Chapter 101, and as applicable to the operation of the animal shelter. III. ITY RESPONSIBILITY fter normal business hours, the city will transport any injured animals that are in a life threatening condition to the Affiliated Emergency Veterinary Services, at no cost to the animal shelter. After treatment and release, t e city will transport the animal to the animal shelter. IV. C MPLIANCE WITH LAWS I providing all services pursuant to this contract, the a imal shelter shall abide by all statutes, ordinances, les and regulations pertaining to or regulating the p ovision of such services. V. A DIT DISCLOSURE AND RETENTION OF RECORDS T e animal shelter agrees to make available to duly a thorized representatives of the city and either the 1 gislative auditor or the state auditor for the purpose o audit examination , any books, documents, papers, and r cords of the animal shelter that are pertinent to the a imal shelter's provision of service hereunder. The a imal shelter further agrees to maintain all such r quired records for three years after receipt of final p yment and the closing of all other reZated matters. VI. IMAL SHELTER RESPONSIBILITIES AND INSURANCE T e animal shelter shall be responsible for all damages, h rm or illness suffered by the animals under its care a d in its custody which may be due to the negligence of t e animal shelter. Said animal shelter shall save the c ty harmless from any damages, costs, actions or causes o action, or claims made against the city for any harm, 1 sses, damages, or expenses on account of bodily injury, s ckness, disease, improper disposition, death and p operty damage resulting from the animal shelter's o eration. ' T e animal shelter shall procure and keep in full force c mprehensive general liability insurance in the amount 12.03 VII. of not less than indemnify the aforementioned. the City Clerk. COMPENSATION $100,Ofl0 and $350,000 to safeguard and city for any of the occurrences Such insurance policy must be filed with 1. The city shall pay the animal sheiter the sum of $1,275 per month for services stated in this contract. Said sum shall be paid on or about the last day of the month, or within thirty (30) days after submission of the monthly claims, by the animal shelter. 2. The animal shelter may charge and retain customary veterinary fees including rabies vaccine from owners of reclaimed ariimals. VIII. EARLY TERMINATION This contract may be terminated by either party, with or without cause upon thirty (30) days written notice, delivered by United States mail or in person, to the dther party. For purposes of su�h notice, the address of the animal shelter is: Skyline Veterinary Hospital 522U Highway 65 N.E. Fridley, NIId 55432 and the address.of the�city is: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 IX. MODIFICATIONS Any material alterations, modifications or variations of the terms of this contract shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. X. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties are contained herein and that the contract supercedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the animal shelter and the city relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this contract is the only and complete agreement regarding the subject hereof. 12.04 ANIMAL SHEI�TER ;)i BY : ,�� r' ;; `-'�—� Title: .r�� Date: __�� Title: Date: � 12.05 CITY By: _ Title: Date: Title: Date: i CffY OF FRIDLEY CLAIMS JULY 22,1996 cc�iMs 6�9�7 - 69237 13.01 / � Cf1Y OF FRIDLEY Type of License: By: LYCENSES July 22, 1996 AUCTION Harvey Auction Service Inc James Harvey 19976 Erskine St NE East Bethel, MN 55092 KENNEL Pet Food Warehouse Inc Same 250 Osborne Ave Fridley, MN 55432 LIVESTOCK ' Steve & Linda Soderholm Same 5336 5th St NE Fridley, MN 55432 PEDDLERSfSOLICITOR/TRANSIENT MERCHANTS Larry Dean Mininger Same 4005 Glenhaven Ln Moundsview, MN 55112 TREE REMOVAL Shorewood Tree Service S. Koskiniemi 26640 Smithtown Rd Excelsior, MN 55331 MOTOR VEHICLE BODY REPAIR Abra Auto Body & Glass S. Weisenberger 7710 University Ave NE Fridley, MN 55432 14.01 Approved By: Fees• Dave Sallman $30.00 Public Service Director m m � m m " $25.00 " $35.00 " $60.00 " $40.00 "$150.00 � ` CffY OF FRIOLEY ELECTRICAL Cities Electric 3100 225 St E Farmington MN 55024 Harrison Electric Inc 2525 Nevada Ave N #301 Golden Valley MN 55427 King Electric Inc PO Box 296 Circle Pines MN 55014 Parsons Electric Co 5960 Main St NE Minneapolis MN 55432 X-L Electric 10873 175 Ave NW Elk River MN 55330-7033 GAS SERVICES Dependable Indoor Air Qualiry Inc 2619 Coon Rapids Blvd Coon Rapids MN 55433 De1Mar Furnace Exchange Inc 4080 83 Ave N Brooklyn Ppark MN 55443 Larson Mike Plumbing 3341 Delta Ave Minnetonka MN 55305 Marsh Heating & Air Con � 6248 Lakeland Ave N Brooklyn Park MN 55428-2937 LICENSES Steve Sowieja Michael Harrison Gerald Gannucci Timothy Floeder Joe Kirkeide James Holt Del Wischmann Mike Larson Kelly Marsh 14.02 STATE OF MINN Same Same Same Same RON JULKOWSKI Chief Bldg Ofcl Same Same Same Welter Ray N Heating Co 4637 Chicago Ave S Minneapolis MN 55407-3592 Ray Welter GENERAL CONTRACTOR-COMN�RCIAL CAM 7398 University Ave NE Fridley MN 55432-3116 Vergil Florhaug Rutledge Construction Co 1409 S 7 St Hopkins MN 55343 Thomas Rutledge GENERAL CONTRACTOR-RESIDENTIAL Affordable Custom Finishes {20055319) 680 63 Ave NE Fridley MN 55432 Robert Powers Aldo Inc (2954) 17422 Minnetonka Blvd Minnetonka MN 55345 Randy Beers Construction (6551) 4208 6 St NE Columbia Heights MN 55421 � Brainerd Construction Inc (20020035) 219 1/2 Washington St Brainerd MN 56401 . Quarve Contracting (6016) 8427 Center Dr NE Spring Lake Park MN 55432 HEATING Airco Heating & AC 4020 Central Ave NE Columbia Heights MN 55421 Dependable Indoor Air Quality Inc 2619 Coon Rapids Blvd Coon Rapids MN SSc�33 Marsh Heating & Air Cond 6248 Lakeland Ave N Brooklyn Park MN 55428-2937 Steve Opheim Randy Beers Dave Luke Patrick Quarve George Rogstad James Holt Kelly Marsh 14.03 Same RON JULKOWSKI Chief Bldg Ofcl Same STATE OF MINN Same Same Same Same RON NLKOWSKI Chief Bldg Ofcl Same Same Welter Ray N Heating Co 4637 Chicago Ave S Minneapolis MN 55407-3592 MOBILE HOME INSTALLER Allstate Services Inc (9379) 27605 Leah Ln Chisago MN 55013 PLUMBING Fritze Plumbing 9381 Trenton Ln N Maple Grove MN 55369 Larson Mike Plumbing 3341 Delta Ave Minnetonka MN 55305 North Star Plumbing 62 S Hamline Ave St Paul MN 55105 Valley Rich Co Inc 7167 Shady Oak Rd Eden Prairie MN 55344 ROOFING Aldo Inc 17422 Mu�netonka Blvd Minnetonka MN 55345 B& B Sheet Metal & Roofmg Inc 210 Centennial Dr Buffalo MN 55313 Dalsin John A& Son Inc 2830 20 Ave S Minneapolis MN 55407 SIGN ERECTOR Arrow Sign Inc 18607 Hwy 65 NE Cedar MN 55011 Minnesota Sign Co Inc 1713 E Hwy 95 Cambridge MN 55008 Ray Welter Jr Mark Revier Larry Fritze Mike Larson Dick Fischer Tom Denison Steve Opheim Shawn Kinnery Robert Dalsin Kenneth Stewart Nate Putbrese 14.04 Same STATE OF MINN STATE OF MINN Same Same Same RON JULKOWSKI Chief Bldg Ofcl Same Same RON NLKOWSKI Chief Bldg Ofcl Same Signcrafters 7775 Main St NE Fridley MN 55432 Bob Yureko Same 14.05 � � CRY OF FRIDLEY Richmar Construction Inc. 7776 Alden Way Fridley, MN 55432 ESTIMATES JULY 22, 1996 53rd Avenue Booster Station Project No. 280 Estimate No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,365.85 Hardrives Inc. 14475 Quiram Drive Rogers, MN 55374-9461 1995 Street Improvement Project No. ST. 1995 -1 & 2 Estimate Na 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,401.23 Landmark Concrete lnc. 17630 Highway 65 Ham Lake, MN 55304 1996 Removal & Replacement of Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 294 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,669.37 15.01 Memo to: William A. Burns, From: William A. Champa, City Manaqer �� City Charter Staff Liaison Subject: Amendment to Seation 2.06.01 of the Fridley City Charter Date: July 17, 1996 At the January, 1996 meeting of the Fridley Home Rule Charter Commission, the attached amendment to Section 2.06.01 of the Fridley City Charter was approved. This amendment is now recommended to the City Council for enactment by ordinance. At the June 24�, 1996 City Council� meeting, a public hearing on the amendment to Section 2.06.01 of the Fridley City Charter was set for July 22, 1996. Accordingly, I request that you place these materials on the agenda for consideration• by the Fridley City Council at a public hearing to be held on July 22, 1996. The amendment to Section 2.06.01 simply removes the words "without good cause." As a result, it would be possible for the Council to declare a vacancy in the rare case in which a councilmember was totally incapacitated for any reason. Attachments c: Charter Commission Members ,.�s�: 16.01 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.06.01 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following.sections of the Fridley City Charter be amended as follows: CHAPTER 2 CITY COUNCIL ORGANIZATION Section 2.06. VACANCIES IN THE COUNCIL. 1. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after their qualification, or by reason of the failure of any councilmember to perform any of the duties of inembership in the Council for a period of three (3) months. In each such case, within thirty (30) days the Council shall by resolution declare a vacancy to exist. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: July 22, 1996 16.02 WILLIAM J. NEE - MAYOR Memo to: William W. Burns, City Manager �� From: William A. Champa, City Charter Staff Liaison Subject: Date: Amendments to Chapter 3 of the Fridley City Charter July 17, 1996 At the January, 1996 meeting of the Fridley Home Rule Charter Commission, the attached amendments to Chapter 3 of the Fridley City Charter were approved. These amendments are now recommended to the City Council for enactmen� by ordinance. At the June 24, 1996 City Council meeting, a public hearing on the amendments to Chapter 3 of the Fridley City Charter was set for July 22, 1996. Accordingly, I request that you place these materials on the agenda for consideration by the Fridley City Council at a public hearing to be held on July 22, 1996. Since the proposed amendments involve a considerable reorganization of Chapter 3, I have summarized them below listing items by sections in the proposed amended version. Much of the current language is one long paragraph. The proposed amended version uses subsections for greater clarity and easier reading. 3.01.01. Clarifies the first meeting of the year, subsequent regular meetings and defines a"regular" meeting. 3.01.02. Addresses special meetings called by Council and the method of notifying members. The method of notifying members takes into.account technology changes and using mediums such as voice and electronic data to communicate. This section also requires formal minutes to be recorded .at all special meetings. 3.01.03. This new language addresses conference meetings and specifies that no formal action may be taken at such a meeting. 3.01.04. 3.02. Specifies the public nature of ineetings held by Council as well as the meeting minutes. Clarifies the role of the Council Secretary. .01 Page 2-- City Charter, Chapter 3 Amendments 3.03. A slight shift in the order of the title to reflect that quorum, then procedure are addressed. Except for the purpose of canvassing an election, defines a quorum to be three members, which is required to do business. To canvass an election, a majority of seated councilmembers constitute a quorum. Also, one vote per councilmember is placed here (moved from Section 3.01). 3.04. Unless provided elsewhere in the Charter, requires three affirmative votes for an ordinance to pass and a majority of councilmembers present at the meeting for a resolution or motion to pass. 3.05. Changes language slightly. Language changes do not alter the meaning of this section. 3.06.01. Specifies that three members of Council are required to pass an emergency ordinance. Removes language dealing with prosecution for violating an emergency ordinance and places it in Section 3.06.02. 3006.02. Clarifies conditions under which prosecution for. violating an emergency ordinance can occur. 3.06.03. Maintains existing language but creates a subsection for easier reading. 3.07.01. Maintains exact language. 3.07.02. Addresses the publication of ordinances and clarifies � that the public must be informed of the iritent and effect. Reduces from four to three the number of affirmative votes to have published a title and summary of an ordinance. Excessive language removed, which does not affect the substanee of this section. 3.07.03. Maintains exact language. 3.07.04. Maintains exact language. 3.07.05. Removes excessive language, which does not affect the substance of this section. Reduces the requirement from three copies to one copy when language is adopted by reference in an ordinance. 3.08. Changes language slightly. Language changes do not alter the meaning of this section. 3. 09. Change�� anguage slightly. Language changes do not alter the meaning of this section. 7 7.�2 Page 3-- City Charter, Chapter 3 Amendments 3.10. Clarifies procedure and time frame for codifying ordinances. Removes obsolete language and changes some other language without altering the meaning of this section. Allows for technology changes by providing the option of storing ordinances electronically on the computer. Attachments c: Charter Commission Members .: 17.03 0 � � ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 3 PROCEDURE OF COUNCIL Section 3.01. COUNCIL MEETINGS. 1. r meetincr �e anv newly elected members of the Council shall assume their duties. Thereafter, the Council shall �e-t—a�t � �r�j _'��„ -_e� �-�-a-r�e�e-�re� , ..,.� Lw�_ _ ...... .......� �. ..w hold regular meetings at a fixed time at least once each month as_prescribed by resolution. A regular meeting is one that is scheduled by resolution, at whieh formal action is taken and•for which minutes are recorded. 2. A special meeting of the Council may be called as needed by. �the Mayor or any two 2 ��l? =r_� ��ne�t�rgs �—�-��--�� Councilmembers upon compliance with the notification requirements in Minnesota statutes and upon at least twelve (12) hours' notice to each member of the Council . Such notice s�a3� must be a�„ ~----a communicated personally to each member or ��-z--°'- -� �-'�� to a person of suitable age and discretion �ter�. residing }�n at the member's usual place of residence, or =��,�� notice �CIICL^GG=-.�IiA1T37E-lCZ ��••„a '-`��--� of the meeting must be transmitted to the member's residence. The presence of any member of the Council at a special meeting shall constitute a waiver of any formal notice unless the membeP appears for the -r==_�'_ purpose of objecting to the holding of s�� the meeting. Formal action is taken at a special meeting, and ininutes are recorded. �"�� ^�••~~�' �e��e�-��re-��e��ee-e-€-��s..�'- _�...�_ . 17.04 �; �:� �;: 3. From time to time the Council maY hold conference meetings at which matters are discussed but no formal action is taken. 4. Al1 meetings of the Council shall be public unless otherwise specified by law. a� �Any person shall have access to �re any Council meetinq minutes � or records �� at all reasonable times unless access is restricted by state or federal law. .(Ref. Special Election 4/12/60, Ord. 857) Section 3.02. SECRETARY OF COUNCIL. The COL111C11 shall C�lOOSe a Secretary uai�9a"�zr—e-}�-r�'res-6��-�cz9—cira to serve at its meetings. The Secretary shall #ee�s prepare the journal of minutes of proceedings_ The Secretary shall also prepare --��= other records and perform s-t�e�r other duties as may be required by this Charter or by vote of the Council. The Council may designate any official or employee of the City, except the City Manager or a member of the Council, to act as Secretary of the Council. Section 3.03. RULES OF 4UORUM AND PROCEDURE . A ma'ority of seated Councilmembers constitute a c�r�rum for purposes of canvassing an election. For all other nurposes three Councilmembers s�a3� constitute a quorum to do business, but a lesser number may adjourn from time to time. The Mayor and other members of the Council each have one vote. The Council shall detenaine its own rules and order of business and shall keep a journal of its proceedings. Section 3.04. ORDINANCES, RESOLUTIONS AND MOTIONS. Except as otherwise provided in this Charter, all legislation shall be by ordinance. Every ordinance and resolution shall be presented in writing and read in full at a Council meeting. All administrative business may be transacted by ordinary motion. Upon the vote on ordinances, motions, and resolutions the ayes and noes shall be recorded unless the vote is declared unanimous. � An affirmative vote of at least three � members of the Council s��c is required for the passage of all ordinances, �-�a�s�—�esel��e�s except as otherwise provided in this Charter. Resolutions and motions require a maiority vote of the Councilmembers in attendance at the meetinct, except as otherwise provided in this Charter. Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause o.f all ordinances passed by the Council shall be in the words, "The City of Fridley does ordain.° Every ordinance other than emergency ordinances shall have two (2) public readings in full�e� with at least seven (7) days s�l between the first reading and the second reading. � A� 17.05 legislation prescribing a penalty for its violation }�� shall be enacted in the form of an ordinance�. Section 3.06. EMERGENCY ORDINANCES. 1. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, and which is passed by a vote of �-��a}e�� at least three (3) members of the Council, as recorded by ayes and noes. t--�,�--�e�-E-2-��--�e��s--a-€�^*- ,e��,r�g—a-�}e��es��g s'� '��oxe �T� 9 e�--6i��33ziT-�i �—" "'vr�iiuTrG c�icr:r-nti' ce�- p��3�-s-l�ea�=��=e � , �`��-��-e�ra�ge��o��9�e�eeT-s�z �Y3i�e—}}c'3-�-3G'c�ziu r--ir 6�-�-G @--6-��Y�� E—�crti'r@=-cv�prr6i�—�6Trti'rc—crc�vz- 2. No person(s�, firm or corporation charqed with violation of the emeraencv ordinance shall be prosecuted unless• a� the person(s), firm or corporation has had notice of the passage of the ordinance; or bZ the ordinance has been filed with the City Clerk posted in three conspicuous places in the City and twenty-four (24) hours after the filing and posting have elapsed: or � the ordinance has been published. . 3. No grant of any franchise shall ever be made by an emergency ordinance. . Section 3.07. SIGNING, PUBLICATION AND RETENTION OF ORDINANCES, RESOLUTIONS AND MOTIONS. l. Every ordinance passed by the Council shall be signed by the Mayor, or by three (3) other members of the Council, and attested by the City Clerk, published and recorded. 2. Every ordinance shall be published at least once in the official newspaper of the City. If the publication of the title and a summary description of an ordinance clearly informs the public of its intents and effect, the Council may by �att-�—{�-}- three ( 3) af f irmative votes of its members direct the City Manager to publish only the title of the ordinance together with a summary, with an added notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and.. at any other location designated by the Council. Prior to the publication of the title and summary, the Council 17.06 shall approve a text of the summary that clearly informs the public of the intent and effect of the ordinance. The publishing of the title and summary shall be deemed to fulfill all legal requirements �s i�-t-�ie—e��e��-'-��' ��a�n 3. Every ordinance shall be recorded in its entirety by the City Clerk in a book kept for that purpose, within twenty (20) days after publication of the ordinance or of its title and summary. Proof of the publication shall be attached to and filed with the ordinance. 4. All resolutions and motions duly passed at each meeting of the Council may, at the discretion of the Council, be published in full or in part in the official newspaper of the City. In the case of partial publication, it shall be indicated in what respect they are incomplete. 5. Any administrative rule or regulation of any department of the State of Minnesota affecting the City or any statute of the State of Minnesota, or any published code, specifications or regulations prepared by an organization for general circulation and use may be adopted and incorporated in an ordinance by reference `�� and by marking t�ie--t��ee—{-3-}- a co�y of it as �'official cop�.�y" and filing �e�t it for reference and inspection in the office of the Ci�y Clerk. The publication requirements of this Charter shall be as fully satisfied i�—s�te�-e�ases by this method as if the material had been set forth in the ordinance in full. (Ref. Ord. 767, Ord. 780) Section 3.08. WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT. Emergency ordinances, except as provided in Section 3.06 of this Chapter, and ordinances making the annual tax levy, disbursing money, determining the annual budget and providing for local improvements and assessments�� take effect immediately upon their passage. � Everv other ordinance� enacted by the Council s-�i-a� takes effect fifteen (15) days after the date of �e-�� its publication, unless a later effective date is fixed ��n in it. A3-� resolution� s-�� takes effect upon �� its passage. Section 3.09. AMENDMENT AND REPEAL OF ORDINANCES. No ordinance or section '-�= of an ordinance shall be amended or repealed except by ordinance. Every repealing ordinance shall refer to the ordinance repealed by title, date of passage and section number or numbers. No ordinance or section '�� of an ordinance shall be amended by reference to its title alone,-_ � s�� The amending ordinance shall set forth in full each section or subsection as amended, , , �This requirement shall not apply to amendments to zoning ordinances. 17.07 Section 3.10. �£�H�I-�*TZ,�n CODIFICATION OF ORDINANCES. The ordinances of the City shall� ��s ��e~��Q at intervals ��r��of not more than f ive ( 5) years, be =-��i�`-�rearranged and codif ied with such additions and deletions as may be deemed necessary by the Council. Stre� The codification shall be published in book or continuously revised loose-leaf form or stored by electronic means such as a computer. a�--eCopies '-��z of the Code of City Ordinances or any portion of it shall be made available by the Council at the office of the City Clerk for general distribution to the public at a reasonable charge. Each copy shall contain a printed certificate • , attested to by the City Clerk, that the publication is correct� and ••�� '��'� each copv so published shall be received in evidence in all courts for the purpose of providing the ordinances '-�n contained in it, the same as �g�r if the original ordinances were produced in court. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA -�CITY CLERK Public Hearing: July 22, 1996 � %.�8 MEMORANDITM HOUSING AND REDE VEL 4PMENT AUTHORITY DATE: July 18, 1996 TO: William Bums, City Manager ,�� FROM: Barbara Dacy, Community Development Director SUBJECT: Public Hearing Adding an Additional Parcel to � _ Redevelopment Project Area No 1 for Wallboard, Inc BackQround At the June 13, 1996, meeting, the HRA passed a motion directing staff to initiate the process to add a 3.69 acre parcel owned by Wallboard, Inc., to the Redevelopment Pro�ect Area. The .mofion also directed staff to negotiate with Wallboard, Inc., for the provision `of a loan and second mortgage. Wallboard, Inc., has purchased a parcel in the Great Northem Industrial Park to construct a 30,000 square foot building. Wallboard, lnc., supplies building materials to genera! contractors, drywall contractors, and to the �eneral public. Approximately 30 jobs are proposed to be created as a result of its relocation from Minneapolis to Fridley. Wallboard, Inc., has also indicated tha# it will be manufacturing drive-it wall systems at the new Fridley facility. . During the HRA discussion on June 13; 199fi, the HRA felt that the proposed use was just as labor intensive as a manufacturing use. In addition, although the company does supply building materials to its customers, the HRA did not treat this application as a true "distribution" use. The HRA also noted that the size of the project and value of the project is similar to another project which it assisted in the area for ECO Finishing. State Law Reauirements State iaw requires the City Council to conduct a public hearing whenever a modification is made to the project area or when a tax� incremec�t financing district is established. A tax increment financinA district is not proposed. The addition of this parcel into the 18.01 Additionai Parcel to Redevelopment Project Area No. 1 for Waliboard, Inc. July 18, 1996 Page 2 redevelopment project area enables the HRA to assist the company to encourage them to locate in Fridley. Similar �equests which have recently been completed include Sheet Metal Connectors on Main Street and ECO Finishing, also located on Industrial Boulevard. The Planning Commission reviewed this item at its July 10, 1996, meeting. The Planning Commission is required to determine the consistency of the project with the Comprehensive Plan. The site is zoned and designated as industrial, and the proposed use is consistent with the Comprehensive Plan. On July 11, 1996, the HRA approved its corresponding resolution to endorse the addition of the parcel into the redevelopment project area. Also at that meeting, the HRA reviewed the status of negotiations with Wallboard, Inc. A development contract is now being prepared to provide a second mortgage/loan for $85,000. The second mortgage represents about 6.5°� of the project costs. The total project cost is $1,050,000. Approximately $850,000 is solely for construction costs. With the addition of the tax increment financing, Wallboard will be creating a higher value project by adding a 4,500 square foot mezzanine within the building, increasing the size of the overhead doors, and adding an appropriate amount of windows in the front of the building. Without these improvements, the project would be smaller and of lesser value. Again, because the site is not within a tax increment financing district, taxes on the parcel will be paid to all taxing jurisdictions. Recommendation Staff recommends the City Council conduct a public hearing. A resolution authorizing the addition of the parcel in the redevelopment project area will be scheduted as a consent agenda item on the August 12, 1996, agenda. :� M-96-338 � 8.02 S//2 SEC. 22, T, 30, R.24 C/TY OF FR/OL EY 2�1 -L �; ; ;,� � ��_-- � Pi� � . Ai � . ' . ;;C �,. ,,_a��r� �a. _X\ 11 _ _ T ��c1__ ". � � / / 4� � + p�� ,4; R.L.S. __. ��9��. ,, :' `� � . . <,:, _ , �. . ., ; � ; � A; °� 'O , i � �;;;= AUDITORS I � ;�t NO. 38 f " � ,: ,; � ? s ' M a ', f�i I� � .�. � r , � � •,. . .. I � -' r: � � �� J a� � ' ' _ s�e. �� . �,+ % ;, y, `l «..�= � � � I ' ` �' � ,' � . � �,. • I 4 "' I � � � ;" ::� , , , , � � .� �: � � � "� °� � "' N O. 78 d � � � C r, a: � � y'� . i/ i �� 1 i 4J / .�/ i'i Da�� i .\ ry �'� $ i A� � e'w _ \�j �,'44 / � i� � \� I I . �R /� � ��f �, • I .. �\ \\`� 1� J � � �� '�� }�Z , . , , :.�. - _ . ; ._ :�. .. �. : �. `,. _.�_,._ - - .. . _ _ . ;- . • _ , , � _�-- ---- -- � — _ _ aa �. . . < �.. . - m . ; �� ,., �_ - -- '... r�`r � � �'�-'' - ` �-----�_: � � ' ' • � .. ...„_� � ,,rn, = / ' / �' ! .. ' � ' . %•:� s i�'�==_'� �' �......� � � ' / ... "~ ' � ;� �� ' GREAT ,� � �� _ : ` ��, Q� ` �/ " ` . Q � -------------- �- .� : ; ' ; � i i OUTlOT -00 ... , {�`'. i,.,• i � y xa i i .,: � � �' _ � i < \ , i r " " '"""'""""'_ ' --� z � W -------- t ; ; , --------- ` W � �� '. � �� " � ,�--) � �� =: ' i �, i ,. .r.. l�l . 2 � /� � i O � , / � ' . ,� N TH N � ;; �� 1 ��' ;%� ;� ;' o P.� -- � � r•�,� �., � J � \ : ;% % , ov�' _ 1 _ � e'; ''��.!l, ��. � � p / s`. ,:,.. /�\ � :�� //: . - �r- / 10 �.y�'♦ � \/1� + � � �' r�.: ' �T .�- � 5' �0 R- rk� � (2.t! � � �_- \ � :� , � ,,. , % W . M;,��.,, �� ti Y �.� � ` `F/1 � , , i : + = 6 ooS i � � ,'� � 1 . ..:�° � ,� . , I �' � I•^ 7 � OUTLdf � /n) �� ' .� , �..; � ( �,'�r'. I � � ' . E J c:, , / .,•-�� Z � • 1.. �; ` tr n � \;-: � O'• ,is ; :i� l�, � .�,✓ ;�. � D��nl V ; �..u.. :l \ O i i '•0 ,''` � � � .t � � � I `� 16 � � . �/S /I� . ;,6.' ;i�lr.� _: � v � � � �� f.Mt. C..o � � � % "�� . s �' � .N.rl� - .� Q F1 I e b \ �. ; / J� „ ` ._ � 0� �Y � � {.� lro y , - � �� :� y .. , ._.. . � � � . : �, ' , ._':;° A _ P .`•. n, � "'� �. / ', i , I+�� `' � OUTLOT E :: r � ��' ` �� •�; , -.� �" � • �,� _' , W Q �I �� _ F ; t�': . �„ t wt, �`�,' S3qp � ••.W --_ I --_—�W �� i; 2 =___ _- : , �_�- �,,,: :� PROPOSED MODIFlCATI4N ; . `, � - l� -� �� ,., _6 � � � r � 5 /N CONNER ' i � : SEG ?? / . o a- ,........, .e...r." 34 �� 30 �.. � � � TC� REDEVEIOPMENT � F�� - PROJECT AREA NO. 1 �E�` 1s.o3 "k:.✓J �.: r _ � �E+- ii\.'..a�f': A[.- _ . . . .. ....:.�:e:::tJ'1h:TJFh'q.iK:•. . ..:CZtrv"S!;^.:! �r.�. ._:_.< PLANNING COMMISSION MEETING JOLY 10 1996 PAGE 14 MOTION by Mr. Kuechle, seconded by Mr. Saba, that, in g ral, we agree with the statements but we have serious concer about increasing the number of 3-4 bedroom apartments a the problems that come with it, and recommend removing the atement on page. 42 which says, ��Provide additional 3-4 bedr m non-affordable units . �� UPON A VOICE VOTE, WITH MR. KONDR , MR. SABA, MR. OQOIST, AND MR. ROECHLE VOTING AYE, AND MS. ODIG AND MR. SIELAFF oOTING NAY, VICE-CHAIRPERSON RONDRICR D D THB MOTION CARRIED BY A MAJORITY VOTE. MOTION by Mr. Saba seconded by Mr. Oquist, to recommend approval of the plan as � ended. UPON A VO VOTS, WITH MR. RONDRICR� RUECHL AND M8. MODIG VOTING AYE, AND VIC HAIRPERSON RONDRICR DLCLARED TSE �Y . MR. SABA, MR. OQIIIST, MR. MR. SIELAFF VOTING NAY, MOTION CARRIED 5. RESOLUTION FOR THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR REQE�IELOPMENT PROJECT AREA #1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS #1 #3. #6, #7, AND #9 - #14 Ms. McPherson stated the City is expanding the redevelopment project area associated with the tax increment financing districts in order to allow the HRA to assist Wallboard, Inc. in constructing a 30,000 square foot building in the industrial park south of I-694 and east of East River Road. The Planning Commission's role is to adopt the resolution confirming to the proposed modification to the redevelopmen� plan is consistent with the Comprehensive Plan. Staff recommends approval. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to recommend approval of a Resolution of the Fridley Planning Commission Finding the Modification to the redevelopment Plan for Redevelopment Project No. 1 to be Consistent with the Comprehensive Plan of the City. UPON A VOICB VOTL� ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. � MAY 29. 1996 MOTION by Mr. Kuechle, seconded by . Saba, to receive the minutes of the May 29, 1996, Ap s Commission meeting. DPON A VOICE VOTE� ALL V G AYE, VICE-CHAIRPERS,EiN RONDRICR DECI�ARED i'HE MOTION IED III�IANIMOUSLY. 18.04 CITY OF FRID�EY PROJECT SUMMARY DESCRIPTION OF REGIUEST: Samir Awaijane has requested consideration of a special use permit to two sections of the G2; General Business district requirements for the property at 970 Osbome Road N.E. Mr. Awaijane is proposing to constn�ct a 2,800 square foot �building for purposes of auto sales and muffler/brake repair. SUMMARY OF ISSUES: Section 205.i4.01.C.(2) of the Fridley City Code requires a special use permit for agencies selling or displaying new and/or used motor vehicles. � Section 205.14.01.C.(4) of the Fridley City Code requires a special use permit for a repair garage. Mr. Awaijane's site is located on Osbome Road and was formerly owned by RMS. This 24,038 square foot site was rezoned in 1995 from M-1, Light Industria! to G2, Genera! Business. Both uses proposed for this site are acceptable uses for the zoning district, provided they have been granted a special use permit prior to commencemerrt of their operation. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of SP #96-13 to allow sales and display of new and/or used motor vehicles and to allow a repair garage at 970 Osbome Road N.E. The Commissions approval included 19 stipulations. STAFF RECOMMENDATION Staff recommends concurrence with the Commission's recommendation. 19.01 Staff Report SP #96-13, by Samir Awaijane Page 2 PROJECT DETAILS Petition For: Location of Property: A special use permit to allow: 1) agencies selling or displaying new and/or used motor vehicles; and 2) a repair garage. 970 Osbome Road N.E. Legal Description Parcel A: That part of the Northwest Quarter of the Northwest of Property: Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing on the North line of the Northwest Quarter of said Section 12, at a point 34 rods east of the Northwest comer of said Section 12, Township 30, Range 24, thence East on the Section line 10 rods; the South and parallel with West line of said Section 16 rods; thence West parallel to the North line 10 rods; thence North to the point of commencement; excepting therefrom, However, the East 104 feet of the foregoing described parcel and subject to a public roadway over the North 33 feet thereof, and Size: Topography: Existing Vegetation: Existing Zoning/Platting: Parcel B: Outlot 1 of Nage1's Woodlands, and Parcel C: All of the land if any, lying east of Outlot 1, hereinabove noted as Parcel b, and west of the parcel of land hereinabove noted as parcel A and lying between the Westerly extension of the North and South lines of that land hereinabove noted as Parcel A. 24,038 square feet Mostly flat, slopes slightly to the west Grass C-2, General Business 19.02 Staff Report SP #96-13, by Samir Awaijane Page 3 Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Available r� •• '•.• N/A Engineering Off-site drainage from the east currerrtly flows west through this Issues: site afong the south lot line and heads toward the south along the rear lot line of the properties on Baker Street. �ite Planning Bec;ause of the alignment of the lot line at the southwest oorner Issues: of the site, the southwest comer of the building encxoaches about 7' in the rear yard setback (see attached map). The site plan will need to be revised to meei the setback. � � SUMMAF�Y OF ISSUES Development Site Parcel History 7/26/62 Nagel's Woodlands was platted. Outlot 1, Nagel's Woodlands is a composite of what appears to be 3 small par�cels. 1� RMS pur�chased Outlot 1 which had an old house on the north-west portion of the lot, close to Osbome Road. The home had a hair salon on its main tevel. A demol'�ion permit was issued to r�nove the home. 11/13/89 A variance request was made by RMS Company to increase lot coverage and to reduce the har+d surFace setback from to expand an adjace�t building. No development ensued. 19.03 Staff Report SP #96-13, by Samir Awaijane Page 4 12/5/90 A rezoning occurred on this property. The action created a substandard M-1 parcel to be combined with the RMS- owned property to the west. No development ensued. 2/12/93 Pr�nier Industries purchased the former RMS site (west of 970 Osbome Road, subject parcel). 1/11J95 RMS/Equity Developers, Inc. applied for a variance to the M-1, Light Industrial minimum lot size to allow future developmerrt of the site for a multi-tenant building which would be occupied by a landscaping contractor. 2/95 David Meyer, RMS indicated that without the building variance consideration, Equity Developers, Inc. did not want to pursue this site. Meyer indicated however, that sirice the procass was started and the Appeals Commission had already rendered their recommendation, he would like staff to proceed in the lot area variance process. 3/6/95 The Cit�r Councit tabled action on the lot area variance request as the petitioner chose to pursue a rezoning of the property back to G2, General Business. ADJACENT SlTES WEST: Zoning: M-1, Light Industrial Land Use: Manufacturing Facility SOUTH: Zoning: G2, General Business M-1, Light Industrial 1.and Use: Contractor Warehouse/Storage EAST: Zoning: G2, General Business Land Use: Automotive Repair NORTH: Zoning: City of Spring Lake Park Land Use: Commercial 19.04 Staff Report SP #96-13, by Samir Awaijane Page 5 ANALYSIS The petitioner is proposing to construct 2,800 square foot building to be used as "muffler and brake repair shop and an automobile sales lot". The building has five service bays and an ofifice area. The exterior of the building is proposed as a"rock face" masonry material which will be painted (color not known). G2, General Business Code Requirements The proposed site plan meets the zoning requirements of the G2 district except for the southwest comer of the building. Because of the angled southwest tot {ine, the comer of the building encroaches on the setback by 7 feet. There is ample space on the site plan to move the building to meet the setback requirement The building does not exceed the lot coverage requirement � The proposed plan provides 20 parking spaces which meets the code requirexnerrts of the district. An additionai five spaces are provided i� the building for cars under repair for a total of 25 parldng spaces. The zoning code requires that each site provide adequate parking fior its use. On-street parking will not be permiited. Some parking spaces will be used for the sale of vehicles. The parking for the two uses shall not interfere with each other. The petitioner has submiited a preliminary grading and drainage plan. Curre►�tly, water from adjacent properties drains from east to west across the subject par+cel and then south along the rear property lines of properties adjacerrt to Baker Street. The petitioner will be required to mairrtain this flow. The plan will need to comply with Engineering requiremenCs. A stormwater pond mairrtenance agreement will be required to be executed and recorded against the property. A sanitary sewer is iocated along the south property line. The City needs a utiliiy easemerrt over this sewer line. This easement will also acxommodate the stormwater flow from adjacent properties. Staff reviewed the landscape plan submitted by the petitioner. The plan mee�s the c�de requirement #or trees required. An additional evergreen tree will need to be substituted for one of the ash tree.s proposed in order to comply with the 30% evergreen requiremerrt. Lighting is to be dow�-�cast. Atl signs shall comply with the ordinance. 19.05 Staff Report SP #96-13, by Samir Awaijane Page 6 The petitioner wil! need to obtain a permit from Anoka County to work in the Osbome Road right-of-way. Repair Garage The petitioner proposes to conduct brake and muffler repair. It is understood that the irrterrt of the application is not for body repair. If the petitioner proposes to conduct body work in the future, staff recommends that it be considered an expansion of the approval of #his application which would require a special use permit. Typical stipulations include no outdoor operation of equipment, no storage of junk vehicles, no outdoor storage of inerchandise, and all parking of vehicles on a hardsurface. Automobile Agencies Selling or Displaying New or Used Vehicles The petitioner was not willing to commit to the specific number of vehicles to be sold at any given time. If the vehicles are used, a City license must be obtained according to Chapter 19 of the City Code. The number of vet�icies displayed shall not cor�flict with the brake and muffler repair customer demand for parking spaces. Past special use permits for sales activities have prohibited the use of pennants and flags strung from light posts or signs. A similar stipulation is prcaposed in this case: Other typical stipulations include no test drives in residential areas and compliance with the temporary sign ordinance. Comprehensive Consistent Planning Issues: Public Hearing To be taken Comments: RECOMMENDED ACTIONS: Staff recommends approval of special use permit request, SP #96-13, to allow a muffler and brake repair shop and automobile sales agency at 970 Osbome Road N.E. according to the site plan dated June 7, 1996 with the following stipulations: � 9.06 � Staff Report SP #96-13, by Samir Awaijane Page 7 General Site Stipulations 1. A final grading and drainage plan and calculations shall be submitted prior to issuance of the building permit. The petitioner shall comply with all stipulations recommended by the City Engineering staff upon review of the final grading and drainage plans. 2. The petitioner shall apply for and receive the appropriate permits from Anoka County for work in the road right of way. 3. All signs shall comply with the City Sign Code. 4. All vehicles shall be entirely parked on a surface of asphalt or concrete, which shall be lined with concrete curb. 5. All lighting shall be downcast and shielded against horizontal glare. 6. The lar�dscape plan slrall be reviewed and approved by the City planning staff prior to issuance of a building permit. 7. The site plan shall be modfied so that the southwest oomer of the building meets the 25 foot setback. 8. A performance bond of 3% of the canstnaction value of the project shal! be submitted prior to issuance of a building permit. 9. The pedtion�- shall execute and record a stormwater maintenance agreernerrt for the property. 10. The petitioner shall grant the City a 30 fos�t drainage and utility e�asemerrt along the south property line. 11. No vehicles shall be parked in locations on site, other than parking stalls that � have been striped and meet the code required minimum standarcls for parking stalls. Repair Garage Stipulations 12. Repair activity beyond the scope of this application shall constitute the necessity for an additional special use permit. 19.07 Staff Report SP #96-13, by Samir Awaijane Page 8 13. The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of inerchandise. 14. The property shall not be used as a place of storage or depository ofi wrecked, abandoned or junked motor vehicles. 15. All vehicles associated with this use must be parked on site. Automobiles being serviced may be parked for a maximum period of forty-eight (48) hours at any one time. Automobile Sales Stipulations 16. The use of streamers, pennants, and flags is prohibited. 17. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property. 18. The pe#itioner shall apply for and receive the appropriate City car sales license. 19. 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' i ��_i_I i . � , i � i ' _ .I.I.1. �.� � ' � . � � � � I i �. ��.� �-- "�' 1 'i`+� ��_I� � ' �' I � i � : i I i � i i I I . �-� � I.�.I I �..I � � . i � • ! � I � � - .I - (-� I -i I i i , � , I ;.� I � i i ' ; � i i� � i � i � ��!„�_ _�_ -l- � �, ; ��,i�� , �� .ii{�i.l. �--� -- - -.�.��. - ' :�!Ii��i�I�.I;;�� :ii�... . � ± < <� _..1 �-� _ � 1_ ,_� , . � , , � _ ,_ �i �,,,�, Ii1: i,; ,i� i �; , � ��,-� �:�, i , i I ' ' ; �_� } � i-�-�� '_� �_; � � i:j I �;;,,�i�_i� �r �I��,il..,� j �'I;��"�J�i �i:�li ii, `� ��' ��j_i� �. �� !I !I; �,' i �,I � � ��.i�� i� (� ;; ''.j t l 4_ I_i I�:_�_ � 1 � � i.� I � !,� }j' li��.�1 �ii;{�Iill., z ';;i ��j��{ , i �� ,1 frt �� ✓3` I� �� i' � {' � " �I �i�lil 'ij.l�'�I{�'� �i�� , � Iri�i� 1��i � ; „ ,; I_i_,� �; ;, 11;,�, o �' �;'�� ; ;i� �'�� I� :� � ��o�_��!, �i:� �� , _�_ �_ , , �;'1',I;1�-llj�_I._ �-#.-!� -�{'j�i�; �i;-' �9.12 .o � � I 1 �.i.� �il �� _ 1_ �� ? �' + i' Vt !� �' � 6 , 1:��t � �;,�i ;;, �,.� ,: � MEMOl�;.ANDUM PLAr�TING DIVISION DATE: TO: FROM: July 18, 1996 william W. Burns, Scott J. Hickok, City Mana er � � 9 � Planning Coordinator SU&7ECT: Public Hearing for Revocation of SP #95-05 Revocation of the Special Use Permit The City of Fridley has the authority to revoke Home Depot's special use permit. A special use permit was granted to allow a garden center based on a determination that as proposed, the use would be permitted if all accompanying stipulations were met. Twn stipulations have been violated by Home Depot Management. These stipulations are: Stipulation - There shall be no outdoor sales of fertilizer, pesticides, or other potential pollutants. � Violation - Home Depot has enormous piles of inventory stacked higher than their fence. Part of that inventory is fertilizer. The inventory stacks that can be viewed from outside the garden center violate both the screening requirements of the C-3 zoning district and the special-use . permit stipulation above. Stipulation - There shall be no outdoor plant sales (outside of the confines of the garden center walls) Violation - Staff has photographed enormous volumes of inventory outside store and garden center. Steve Carass, Home Depot's Manager was cited and plead not guilty to the charge of an outdoor storage violation. A pretrial date has been set for August 8, 1996. If revocation occurs, Home Depot will be forced to discontinue its garden center at their Fridley Store. Home Depot July 18, 1996 PAGE 2 Staff recommends that the City Council set a August 26, 1996 (the hearing is proposed for that all City Councilmembers can be present). 2�.02 public hearing for August 26, 1996, so MEMOI�:ANDUM PLArTl�TING DIVISION DATE: July 18, 1996 TO: William Bums, City Manager �� ,j1 FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Livable Communities Act Housing Action Plan WFiA►T 1S THE ACTION PLAN? Participation in the Livable Communities Act requires completion of a"Housing Action Plan". According to State law, the Met Council does not approve or act on the Plan, but merely comments. The purpose of #he Pla� is to show how the City intends to maintain its "benchmarks" as agreed to in the participating resolution the Council adopted on November 27, 1995. The th�ee benchmarks are affordability, life-cycle housing, and density. The Plan reviews the demographic data, reviews existing programs and housing opportunities, and identifies specific objectives the City should pursue in order to maintain the ___ . benchmarks. The HRA agreed to pay for the cost of the consultant to prepare the Housing Action Plan ($15,000). Five bound copies are included in the Council's packet. The Plan has been reviewed and recommended for approval by the Human Resources Commission, the Planning Commission, and the HRA. PLAN SUMMARY The theme of the Plan is housing balance or proyiding an adequate supply of housing types which meet the needs of residents at various stages in their lives. The_ Plan clearly documents the need for townhomes, senior housing, and housing for young professionals. It also documents the need to provide housing for higher income 21.01 Livabie Communities Act Housing Action Plan July 18, 1996 Page 2 households. At the same time, however, the Plan documents the need to maintain adequate affordable housing for low and very low income househoids. The Plan concludes with a list of housing objectives which the City will address through its housing programs and Comprehensive Plan update. It is not the intent of this document to act as the City's Housing Chapter of the Comprehensive Plan, although much of the information would be included. The Comprehensive Plan has to be amended. according to Sta#e law by 1998. The Housing Chapter would contain goal statements based on citizen input and the Plan text would identify how the City intends to achieve the goals. The Housing Action Plan is an implementation plan regarding the specific benchmarks identified by the Livable Communities Program. COMMISSION COMMENTS The HRA inquired as to whether the housing objectives lis#ed on page 42 of the Housing Action Plan were "mandates". As stated earlier, the objectives in the Plan are not mandates, the Met Council merely corr�ments on the Rlan. The Met Council is required by law to review a City's Comprehensive Plan and at that time can require changes to the Plan to be consistent with metropolitan goals and policies. The HRA was advised that as long as the City of Fridley continues to participate in the Livable Communities Act, the Ciiy will be required to continue to show how it is maintaining the benchmarks as agreed to in the original resolution (see attached). As a reminder, the Livable Communities Act is a voluntary program which the City can elect to participate in. The next application deadline for one of the three funding sources is August 30, 1996. Staff is currently evaluating the "livable communities demonstration program" to determine if it is applicable to potentiai projects in Fridley. (As an aside, the City received extra points on the recent application for highway funding for the Highway 65 inters.ection because of the City's participation in the program. ) The Planning Commission's motion to approve the Plan included a recommendation to delete the objective on page 42 which states: "Provide additional multi-family units that contain 3 to 4 bedroom units. The motion passed on a 4-2 vote. The two dissenting votes were opposed to deleting the objective. The Plan does not propose specific new construction projects, but lists as an objective the need to provide additional three to four bedroom units. The issue of whether to construct new or rehab existing units is ar� issue which will either be discussed during specific redevelopment proposals or potentially through the City's Comprehensive Plan update process. 21.02 Livable Communities Act Housing A�tion Plan July 18, 1996 Page 3 The Human Resources Commission reviewed the Plan early in June. The Commission asked for clarification on definition issues pertaining to caicuiation of income. The Human Resources Commission's comments have been addressed in the current draft of the Plan. Recommendation Staff recommends that the City Council approve the Housing Action Plan as presented and authorize staff to fonNard the final plan to the Met Council. (The Met Council staff had previously requested a draft of the Plan to be submitted prior to June 30, 1996, the legislative deadline established by State law.) Also attached to the final Plan (which is in the Council's packet) is a bullet listing of some of the staff analyses for each of the maps in the Housir�g Action Plan. These are merely notes for the Council's information, and more specific information on these issues will probably occur as we move into the redevelopment priority analysis and the Comprehensive Plan rewrite. :� I �i�•�:�� 21.03 � �� RESOLUTION N0. 67 - 1995 RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota States section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup finding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life cycle housing goals for that municipality that are consistent with and promote. the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, by June 30, 1996, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals; and WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated affordable and life cycle housing goals for each municipality by January 15, 1996; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1996, a metropolitan area municipality can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1995; (b) the Metropolitan Council and the municipality successfully negotiate affordable and life cycle housing goals for the municipality; and (c) by January 15, 1996 the Metropolitan council adopts by resolution the negotiated affordable and life cycle housing goals for each municipality. 21.04 101 Page 2-- Resolution No. 67 - 1995 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby elects to participate in the Local Nousing incentives Program under the Metropolitan Livable Communities Act during calendar year 1996. PAS5ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23RD DAY OF OCTOBER, 1995. ATTEST: , ��` . ft n J ti;i_� :. rr� t� 1. �/�c�,. '`c=' WILLIAM A. CHAMPA - CITY� 21.05 � � : -� / � �� ,, �-�--� WILLIAM J . N.E�r MAYOR � V DRAFT HOUSING GOALS AGREEMENT* I1�ETRUPOLITAN LIVABLE COMMUNITIES ACT PRINCIPLES The city of Fridley supports: 1. A balanced housing supply, with fiousing availabie for people at ail income leveis. 2. The accommodation of alt racia! and ethnic groups in the purchase, sale, rental and location of housing within the community. 3. A variety ot' housing types ior people in ali stages of the lit�cycle. 4. A community of well-maintained housing and neighborhoods, including ownership and rental housing. 5. Housing development that respects the natura! environment of the community white striving to accommodate the need for a variety of housing types and costs. 6, The avaitability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employmen� GOALS ' To carry out the above housing principles, the City of Fridley agrees to use benchmark indicators for communities of similar location and stage oi development as af%rdable and life-cycle 6oasing goals for the peri�od 1996 to 2010, and to make its best ef%rts, given market conditions and resource availability, to maintain an indez within the bcnchmark ranges for at%rdability, life-cycle and densily. � To achieve the above goals, the City of Fridley elects to participate in the Metropolitan Liva6le Communities Act Local Housing Incentives Prograar, and will prepare and submit a pian to the Metropolitan Councit by June 30, 1996, indicating the actions it wiil take to carry out the above goats. * The City will ma�ntain its housing stock so as to not fall below the lowest % in the benct�nark range. CERTIFICATION Mayor . 21.06 Date CITY OF FRIDLEY HUMAN RESOURCE COMMISSiON MEETING, JUNE 20� 1996 CAL� TO ORDER: Chairperson Oquist cal{ed the June 20, 1996 Human Resource Commission meeting to order at 7:30 p. m. ROLL CALL: Members Present: Leroy Oquist, Te�i Mau, Jeanne Raffesberger, Satveer Chaudhary Members Absent: None Others Present: Kurt Jensen-Schneider, Planning Assistant Michele McPherson, Planning Assistant APPROVAL OF THE HUMAN RESOURCE COMMISSION MINUTES FOR JUNE 6 1996. • . Mr. Jensen-Schneider stated that the minutes from the June 6, 1996 meeting had not been completed yet, so they would be available for approval at the August meeting. APPROVAL OF HUMAN RESOURCES COMMISSION AGENDA• MOTION by Commissioner Mau, seconded by Commissioner Raffesberger, to approve the Agenda for the May 2, 1996 meeting as presented. UPON A VOlCE VOTE, ALL MEMBERS VOTiNG AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY OLD BUSINESS NEW BUSINESS A. Housing Actio� Plan Review and Recommendation Mr. Jensen-Schneider introduced Michele McPherson, Planning Assistant, who was in attendance to present the Housing Action Plan and review the graphics to be incfuded in the plan. � Ms. McPherson thanked the Commission,#�- the opportunity to discuss ihe findings of the Housing Action Plan. She stated that her presenta#ion would summarize the 21.07 HUMAN RESOURCES COMMISSION MEETING JUNE 20 1996 PAGE 2 Liveable Communities Act, review the purpose of the Housing Action Plan, and what the next steps are. Ms. McPhe�son stated that she had brought along the Geographic Information Systems maps for the Commission's review. The maps combine both 1990 Census Information and 1995 Anoka County Assessor's Data to display specific information regarding the City. The information does have its downfalls, as it is six years old. Ms McPherson stated that the Liveable Communities Act is designed to encou�age ample housing opportunities; a diverse amount of life-cycle housing within communities, from birth through death. It encourages communities to have an appropriate mix of housing types and styles affordable to a variety of income levels. Ce�tain benchmarks for affordability, density, and amount and type of life-cycle housing are established for each community pa�ticipating in the Act. Fridiey meets or exceeds the benchmarks established for it, possibly to the point of adversely impacting housing diversity and choice. Ms. McPherson stated that the Act is a voluntary program, it is not required. Communities choose to participate as they wish. The City of Fridley has cliosen to participate in order to tap into the funds available through #he Act to enhance the various housing programs already in place. There is no guarantee that the City will receive funds, but we hope ta Ms. Mau asked, if we exce�d the benchmarks, snouldn't thai make is easier for us to �et funding? Ms. McPherson stated that it would depend Qn the program and the type of project that we would seek funding for. In some cases, exceeding the oenchmarks could hurt our chances for funding, especially if the purpose of the funding prog�am is to encourage affordable housing in a community. In Fridley, we provide more than our share of affordable housing. Funding p�ograms may be to encourage affordable housing in communities where it may be a difficult political sell. Ms. McPherson stated that the purpose of the plan is to demonstrate how we intend to maintain our benchmarks. The plan is not approved or denied by the Metropolitan Council, however, they do �eview it as part of the participation in the LCA. Mr. Oquist asked if the plan was approved by anyone, or if it just houses the data regarding the City's housing? Ms. McPherson stated that was correc#. Mr. Oquist stated that the plan is data that suppo�ts the request for funding. 21.08 HUMAN RESOURCES COMMISSION MEETING JUNE 20 1996 PAGE 3 Ms. McPherson stated that another purpose of the plan was to dete�mine if the benchmarks established by the Metropolitan Council are accurate by thoroughly reviewing the local community numbers. Ms. McPherson stated that Short-Elliot-Hendrickson was hired to draft the plan and generate the GIS maps and analysis to support the pfan: The plan is funded by the Housing and Redeveiopment Authority. Staff provided the consultant with the raw data for the GIS analysis, copies of ordinances and City requirements, and the consultant has met with staff, including the Housing Coordinator and the Section 8 Coordinator, to gather more specific infiormation �egarding housing programs already in place and the types of populatio�s those prog�ams are serving. The draft plan is being reviewed by the Human Resource Commission, the Planning Commission, and the Housing and Redevelopment Autho�ity prior to the Council approving it at the end of July. The plan will be submitted to the Metropolitan Council August 1, 1996. Ms. McPherson stated that the next steps include the 1998 Comprehensive Plan update, which will contain a housing component and a redevelopment analysis of the City. The Housing Action Plan wili be the foundation for any future land use planning decisions regarding housing. Both nexf steps are included as specific goals in tha 1997 budget. Ms. McPherson stated that the goal for the evening is to have the Human Resource Commission recommend to the Planning Commission approval of the plan p�esented this evening. The Commission should clearly state those items it feels are missing, or those areas of the plan �equiring more emphasis. Ms. McPherson stated that the plan wi11 include twefve color maps. Only eigt�t, however, reflect the population and hou�ing information we are interested in. Ms. McPherson presented the "Owner-Occupied Homes by Age of Head of Household" map. This map is based on Census blocks, with 1990 data. She stated that blocks comprise any number of housing units, rented or owned. The information was so�ted on a 60°/a or greater occurrence of a particular aged head of householder. The areas in white are areas where the ages of heads of householders are evenly mixed. This was interesting, considering that it is known that the City has an aging population. Ms. McPherson stated that there are blocks with large concentrations of householders age 35-54, typically known as "empty-neste�" seniors. These are the target populations for one-level townhomes_ There are some blocks of 55-64 age householders, and a few blocks with householders 65 and older. 21.09 HUMAN RESOURCES COMMiSSION MEETING. JUNE 20 1996 PAGE 4 Mr. Oquist stated he was surprised at the one block of 25-34 age group located in the northeast comer of I-694 and University Avenue. Ms. Mau stated that this area is near the Highway, right off the freeway. Ms. McPherson stated that Hyde Park has blocks with large concentrations of householders age 35-54. Ms. McPherson p�esented the "Renter Occupied Housing by Age of Head of Household" map. This map was generated similarly to the previous map, with the occurrence rate being 60% or greater of a particular age group. She stated that there is a la�ge amount of renter householders which fall into the 25-34 age g�oup. This is the first-time homebuyer population_ There is a number of them living in the trailer court. Ms. McPherson stated that there are young renters in Hyde Park, which can lead to differences of opinion in the neighborhood. Mr. Oquist and Ms. Mau commented o� some areas on the map which indicated rentaf properties where there were r+one. Ms. McPherson stated that the Census data is six years old so some single family properties which may have bee�-rental in 1990, may no longer have been rental in 1995. She stated that because the census information is presented in block format, two units, both being rented to householders of a certain age group, could skew the whole block into appearing rented. She stated that the maps were going to be re-rur with a more selective query to drop out blocks with only two rental units. Ms. McPherson explained how Census blocks are divided by the Census Bureau. Ms. Mau pointed out an area on the map which is known to be rental but was not colored for any particutar age group. Ms. McPherson stated that this was because no age group exceeded the 60% occur�ence rate, not because it was not rental. This indicates a diverse range of householder ages. In addition, the larger complexes also have diverse ranges of householder ranges. She stated that the maps are disproving perceptions that some people have held regarding certain areas of the City. The data is not supporting these perceptions. � stated that the Census data supPorts the results of the Hyde Pa�k Focus Group 21.10 HUMAN RESOURCES COMMISSION MEETING � JUNE 20 1996 PAGE 5 exit surveys. Ms. McPherson presented the "Occupied Housing Tenure" map. This map is based on the '! 995 County Assessor's Data, so it is fairly accurate. This map depicts the owner- occupied versus renter-occupied housing locations. Ms. Mau stated that there were a lot of �ental units in Hyde Park. She pointed out all the large apartment complexes. Ms. McPherson stated thai there we�e scattered rental units in predominantly single family areas. Ms. Mau asked where the Rice Creek Townhomes were located on the map. Ms. McPherson pointed out their location, noted that they we�e not colored, and stated she would determine why they we�e not designated either rental or owner-occupied. She pointed out the number of rental units in the Black Forest Condominiums and Innsbruck Townhomes area. She stated that the majority of the renta! units are located adjacent to major streets and intersections. Only three complexes are adjacent to amenities or natural features. Areas in white are non-residential properties. Ms. McPherson stated that the majority of the rental units are one and finro bedroom units, that there is a need for famity units. As a result, one of the actions to pursue is to combine units to increase #he number of family units. Ms. Mau asked if the numbe� o##amily units�in mosf communities was lacking? Ms. McPherson stated probably, yes. Mr. Chaudhary asked i# the City had a lot of transient housing. Ms. McPherson again explained the map "Renter Occupied by Age of Head of Househotd" and how it differed from the map they were currently reviewing. The Commission compared the two maps side by side. Ms. Mau pointed out some differences in the maps, and stated that there is six years diffe�ence between the data. She stated that the 3 and 4 bedroom units nor+nally are provided by the renting ofi single family homes. Mr. Chaudhary asked if a lot of homes were being rented. 21.11 HUMAN RESOURCES COMMISSION MEETING JUNE 20 1996 PAGE 6 Mr. Oquist stated that the "Renter Occupied Housing" map was very deceiving, as it may indicated oniy one rentai unit in a block meeting the criteria, and a large pa�t of the City would be coiored as rentaL He noted that Springbrook Apartments and Georgetown was not colored on the "Renter Occupied Housing" map. Mr. Chaudhary stated that what was more important on the "Rente� Occupied Housing" map what was not colored, implying a mix of age of renters. This implies a diverse population. Ms. McPherson presented the next map, "Age of Homestead Prope�ties". The map will be re-generated to divided the ages into decades, as opposed to tumping a number of homes into a thirty year period. Ms. Mau stated that the center of the City was tornado rebuilt. She pointed out the areas where the schools were removed. Ms. McPherson stated that the older homes were constructed o� smaller platted lots in the older subdivisions: Hyde Park, Riverview Heights, Plymouth Additions, platted prior to the turn af the century. Mr. Chaudhary asked why the map displayed the intormation i# did. Ms. McPherson stated that the map was first run for a grant application to the Minnesota Housing Finance Agency. The City wanted #o provide funds to a large group of homeowners for cehab programs. Ms. Mau stated she was surprised at how scattered the development pattem of the C�iy was. She expected that development would occur in a more linear pattern. Mr. Chaudhary asked if this was intentional. Ms. McPherson stated she did not know. She explained that the homes in Riverview Heighis we�e originally cabins for people in Minneapolis. Mr. Chaudhary asked if more older homes meant more Federal money. Ms. McPherson stated that older homes typically have lowe� values and therefore are more affordable. She stated that the Housing Replacement P�og�am and the Scattered Site Acquisition Program have both targeted older homes with deferred maintenance. These homes have been replaced by homes of higher value. Ms. Raffesberger s#ated that some of the homes are HUD fo�e�sures. 21.12 HUMAN RESOURCES COMMISSION MEETING JUNE 20 1996 PAGE 7 Ms. Mau stated that there were a lot of oider homes along Unive�sity Avenue. She was surprised to see the number of vacant lots in Hyde Park. Ms. Raffesberger asked what area was Hyde Park. Mr. Jensen-Schneider stated that the areas in white on the map were either rental or non-residential prope�ties. Mr. Oquist asked how deferred maintenance was determined. Ms. McPherson stated that staffi looked at the age of the dwelling, the condition of siding, the roof, and windows and doors. During acquisition, the inspectors look at the mechanical, wiring, etc. Mr. Chaudhary asked how the SSAP worked. Ms. McPhersoa explained the voluntary process of SSAP. Mr. Jensen-Schneider explair�ed the house at 6431 Jackson Street and the staff analysis regarding it. ' . � Ms. Raffesberge� elaborated on her experience with the house on Jackson Street. Ms. McPhe�son presented the "1995 Housing Type" map. This map sorts the dwelling units by single family, duptex, patio townhouse, multi-family, and mobile homes. This information is agai� based on the Assessor's data. She stated that the City is a monoc�alture of singlefamily homes. Further study p�obably should occur regarding the different stytes of single family dwellings. 1t shouid be noted that the different housing types tend to be clustered together. � Mr. Oquist asked when the map was generated and why the Satellite Lane apartments still appeared on the map. Ms. McPherson stated that the map was generated from data that was sorted prior to the demolition of the apartments. She pointed out the eclectic mix of housing types in the Hyde Parlc neighbo�hood. She pointed out that the Hi!lwind and Rottlund townhome developments do not appear on the map. The map shows the need to diversify the housing types and styles, especially for townhome development. Ms. Mau stated that there is no place to build new housing. 21.13 HUMAN RESOURCES COMMlSSION MEETING JUNE 20 1996 PAGE 8 Ms. McPhe�son stated the importance of redeveloprnent oppo�tunities. She stated that smali homes on large lots may provide redevelopment opportunities, or rezoning remaining vacant commercial or industrial iand for housing. M�. Oquist stated that the Council must approve p�ojects over the objections by the neighbors. Ms. Mau stated that townhomes are sometimes associated with rental, and people don't want rental housing in their neighborhoods. She stated that sometimes owner- occupied do end up being rented. Ms. Mau stated that the Rottlund project will help to show people that townhomes are a positive part of the community. She stated that .there are too many residents who are not familiar with townhome versus apartment developments. She stated that homeowners do not want rental housing nearby. Mr. Oquist stated that there are nice townhome developments. He stated his son just purchased a townhome in Arden Hills, that, after 20 years, looks brand new. Ms. Mau stated the Rottlund developments in Coon Rapids and Columbia Heights are very nice developmen#s. She stated that she wanted to buy a townhome three years ago, however, there wasn't anything in Fridley, so they bought a home instead to stay in Fridley. Mr. Jensen-Schneider stated that there is a need for transitional type housing for certain age groups. . Mr. Chaudhary asked what the concern$ were with townhome developments? Ms. McPherson stated that there is more density with townhome units, twelve units versus five units per acre. She stated that townhomss have traditionally been constructed as clusters of units, however the Rottlund development is introducing the concept of the deiached unit. Detached units look more like a traditional single family subdivision, only the units are closer together. This type of unit may help to change the perception of townhomes. Ms. Mau stated that townhomes typically do not attract children because of their design. This means that they are occupied by couples who are not interested in having chiidren or older persons who are done having children. Mr. Chaudhary asked the value of the Rottlund townhomes. 2�.14 HUMAN RESOURCES COMMISSfON MEETING JUNE 20 1996 PAGE 9 Ms. McPherson stated $90-150,000_ Mr. Chaudhary stated thai the aesthetics did not bother him, it was crime that was a concem. Ms. Mau stated that in talking with people who live in townhome communities, they don't have crime because there are no kids. Children, unfortunately, commit a lot of crimes. She stated that townhomes are difficult to sell because so many of them are being built, why buy used when you can get a new unit Ms. Raffesberger stated that they were very popular when interest rates were incredibly high. Ms. McPherson presented the next map "Owner Occupied Housi�g Valuation". This is again based on the 1995 Assessor's data. The range is from $60-250,000. The map does not include rental property. She stated #hat the City again is a monoculture of valuation. The majority of hom�s fall between $60 and 150,000. She stated that the lower values are located on homes in older subdivisions on smaller platted lots. There are, however, podcets of low valuations on large iots as well scattered throughout the City. PJIr. Oquist pointed out the iow valuations in the townhomes in the southeast comer of the City. fVls. McPherson stated that the higher values are in areas where there are natural features; Rice Creek, the Mississippi River, lnnsbruck, etc. Ms. McPherson stated that the next map is again based on Census information. The map is "Housing Units by Gross Monthly Rent". This is based on an 80% occurrence within a block. Ms. Mau asked how accurate the rents were considering the age of the data? Ms. McPherson stated that the map is a fairiy accurate representation of the community. She stated that the consultant followed up with a telephone survey to determine rent levels, and consulted with the Section 8 Coordinator who is responsible for doing a rent reasonableness survey. The rent amounts have not varied greatly in six years. f Ms. Raffesberger stated that she could not betieve that you could rent a unit in the City 21.15 HUMAN RESOURCES COMMISSION MEETING JUNE 20 1996 PAGE 10 for under $300 pe� month. Ms. McPherson stated that the onfy block for under $300 is in the trailer park west of Highway 65. Mr. Chaudhary asked, that if the rents increased, would it be safe to assume that they wouid do so propo�tionaliy? Ms. McPherson stated yes. She stated that the repo�t discusses �ents pretty #horoughly. She stated the final point is that the City is meeti�g the its benchmarks fo� affo�dability. She stated that there is not a lot of selection for those people who can and want to pay more for newer units with better amenities and features. Mr. Chaudhary asked if the Gross Rent map could be compared to the Renter/Owner Occupied unit map. • Mr. Oquist stated that the two maps could not be compared side by side because the Gross Rent map skews the information. Ms. McPherson clarified the confusion over the ir�fotmation depicted by the Census maps. Further discussion occurred regarding the Gross Rent map. Ms. McPherson presented the last map, "Owner Occupied Selec#ed Housing Valuation". 7his map shows the two extremes of housing valuation. This is based on the affordability index. Ms. Mau stated that the concentrations reaily became apparent with this map. Mr. Oquist stated that he felt that this map was the most telli�g in terms of clearly showing the condition of the City. A genera! discussion regarding the various pockets of concentrations occurred. It was noted that there are places where residents are completing large remodeling projects, and where there is room for three houses on one iot due to the size of the property. Ms. McPherson stated tFiat the next phase of the plan is to look at �edevelopment project tocations, buildings for rehabilitation projects, and locations for new projects. 21.16 HUMAN RESOURCES COMMlSSION MEETING JUNE 20 1996 PAGE 91 Mr. Oquist asked that if a �ehab project was more than 50°/a of the value, would staff recommend demolishing the building and starting over. Ms. McPherson stated possibly, yes. Staff wouid also pursue public and private partnerships to accomplish more extensive projects, and provide services to families. Ms. Raffesberger asked if one of the goals of the plan was to increase the number of Section 8 housing recipients? Ms. McPherson stated that Section 8 certificates and vouchers are more po�table, therefore residents can move to suburbs where the units meet their needs better. The Section 8 Coordinator is servicing more communities in order to maintain the service. Even the very�low income residents are moving out of the community because of a lack of choice. Creating newer affordable units is an option for the City. Ms. Mau asked about the definition of affordable housing. She stated that housing is affordable if it costs no more than 30°� of a family's income. How is that defi�ed? Ms. McPherson stated that if a person brings home $1800 per monfh, the cost of rent or the mortgage payment shoutd not be more than $600 per month. This is a Federal standard. Ms. Mau stated it seems that those people who a�e paying more than 30% of thei� income for housing automaticaqy quatify for programs. Ms. McPherson stated that there is scree�ing criteria for applicants for assistance, and those people with only economic need are placed at the bottom of the 1ist. Ms. Mau stated that the people she talked to always seemed to pay more than 30% (40-50%) of their income for housing. She stated that bar�ks will lend you up to 50% of your income. Ms. Raffesberger stated that there are income caps for banks depending on wages and the number of children in the family. Ms. Mau stated the report is somewhat deceiving rega�ding the percentage of income for housing. Ms. Raffesberger stated the only time she spent 30% of her income on housing was when she was on the prog�am. Mr. Oquist asked if the house payment included principal, taxes, insurance, and interest? 21.17 HUMAN RESOURCES COMMISSION MEETING JUNE 20 9996 PAGE 12 Mr. Jensen-Schneider stated that what the Commission was looking for was info�mation regarding those with strict economic need versus those who made bad economic choices. Ms McPherson stated that for families making the median income of $41,000, affordable owned housing is that which is less than $115,000 in value. For the very low income, affordable owned housing is $72,000 or less. Ms. Mau questioned the phrasing on page 29 regarding the median income. Discussion ensued rega�ding median income between pages 7 and 29 of the repoR. Mr. Oquist stated that what 30% includes should be part of the report. Mr. Chaudhary asked if people have a choice in owning or renting a unit for 1/3 of their income? Ms. McPherson stated yes. There is an adequate supply, but whether or not it provides fhe amenities or is of the style that the market demands is another issue. She stated tha# for those people who can and want to affnrd more expensive housing, there is not a lot of selection. The first pocicet of executive style housing is the Totino Grace subdivision with the $300,000 plus homes. Ms. Raffesi�erger stated that Fridley is not the first place a person would think of to purchase a$300,000 home. Fridley is good place in terms of location and proximity to the cities. � Ms. McPherson stated that is the point. Fridley has a certain image; blue collar, hard- working, making a better life for one's children, but those children who want to stay in Fridley may not want to live in a$60,000 rambler built in 1960. The City does not have the style of housing that the market is desiring. Mr. Oquist stated that is not atypical of a first or second ring su6urb. He stated that the City needs to be careful and should plan for the future. He stated that the City may need to develop pockets of the housing that the market is demanding that is currently provided by other cities. Ms. McPherson cited some examples from Richfield in terms of updating existing housing stock. Mr. Oquist noted the Wexford Heights subdivision as an example of the market demand for executive housing close in to the cities. 21.18 HUMAN RESOURCES COMMISSION MEETING JUNE 20 1996 PAGE 13 He stated that this plan has been needed for a very long time. We have needed to set a vision for the future of the City. Mr. Oquist stated that the City needed to identify "pockeis" where higher valued housing could be constructed which would then bring other parts of the City up. Ms. Mau stated that the area near Moo�e Lake and the High School is an area that is calling for improvement. Mr. Oquist noted that one of the improved homes along West Moore Lake Drive appears on the valuation map as having a higher value than others. Mr. Jensen-Schneider noted another home in that neighborhood which will be remodeled soon. Ms. McPherson stated that the Commission seemed to feel that the maps generated from the Census data needed to be clearly explained in both the language o# the report as well as the presentation to other commissions. Mr. Oquist stated thai if others outside the community looked at the maps, it would present a different message about the commu�ity. Mr. Chaudhary asked if the plan is to have less affordabie housing for those who wish to pay more? - Ms. McPherson stated that the proposed plan is to bring the benchmarks down into `the average range in order to promote a more balanced housing supply in the City. Mr. Chaudhary asked what was m�ant by being oveR Did it mean in certain areas of the City? Ms. McPherson stated that it was the City as a whole when compared to similar cities or even the �egion as a whole. Our benchmarks are higher than what the acceptable ra�ge is. The recommendations of the plan are to bring the benchmarks into the acceptable range, without adversely lowering them below the range. This will allow the creation of more choice. _ She stated that one of the actions to pursue would be reduce the number of affordable one and two bedroom units in favor of th�ee and four bedroom units. Mr. Oquist stated that the City�would be pursuing a physical action, not just remanipulating numbers in the plan to lower the benchmarks. 21.19 HUMAN RESOURCES COMMISSION MEETING JUNE 20 1996 PAGE 14 Ms. McPhe�son stated that was correct. Mr. Oquist stated now that the plan pointed out the options to pursue, it was up to the City to identify possible projects_ Mr. Chaudhary asked if there was a lot of muiti-family rental p�ope�ty in ihe City. Ms. McPherson stated that most multi-famiiy properties, with the exception of owner- occupied duplexes, were rental. She stated that this was why the Housing Tenure and Style maps correlated with each other_ Mr. Chaudhary stated that then the City doesn't need more multi-family units. Ms. McPherson stated that we don't need more units, just different styles of units. A discussion ensued regarding the term "duplex". Mr. Chaudhary asked how the plan meshed with the Liveable Communities Act. Ms. McPherson stated the LCA sets the benchmar{cs for the City to be at in terms of its housing stock. The plan is a requirement of the LCA, i� provides an inventory of the housing stock at this point in time and provides a jumping off point for the City to move forward from. The plan identifies issues which need to be addressed in the future by the City. Mr. Oquist asked who had the responsibility to make sure that this plan keeps going? Ms. McPherson stated the City Council, the HRA, and the Community Devefopment Department. Mr. Oquist stated that the City is dedicated to keep the pJan going. Ms. McPherson stated yes, especially if it is assumed that this will be a requirement to obtain outside funding sources. Mr. Oquist stated that it was important to not let the plan sit on a shelf. Ms. McPherson stated that it was the City Council's high priority to improve the housing stock and neighborhoods. Mr. Chaudhary asked if the Commission's reaction to the plan was a requirement of the LCA. He stated that he saw incentives to erea#e more affordable housing, a�e there incentives to create less affordabfe housing? 21.20 HUMAN RESOURCES COMMISSION MEETING JUNE 20 1996 PAGE 15 Ms. McPherson stated that there is the possibility of receiving funding for a demonstration project which would lower the number of affordable units while increasing a needed type of unit. She stated that a specific project has not been identifed. A discussion occurred regarding the possible types ofi demonstration projects the City could pursue. Mr. Chaudhary stated that the LCA seemed to be designed to spread out low income housing over the region. Is there an equal emphasis on increasing higher income housing in areas where it is needed? Ms. McPherson stated that it was staffs opinion that the high benchmarks should not penalize the City, and that staff would fight for the funding whenever possible and prove that the projects proposed are keeping in the spirit of the LCA. Mr. Chaudhary asked if our implementation of the plan was mandated by anything or anyone? Ms. McPherson stated no, that the only thing to worry about was reducing the benchmarks below the acceptabie range. � Ms. McPherson stated that the Commission could make a recommendation regarding their acceptance of the plan with changes and clarifications discussed earlier in the meeting regarding the maps generated by the Census information, median income, and affordable housing (30°/a rule). M�. Chaudhary stated that he would like to see the inclusion of a statement �egarding peoples' rights in the acquisition process. MOTION by Ms. Mau, seconded by Ms. Raffesberger to accept the Housing Action Plan with the changes and clarifications discussed and to recommend that the Planning Commission recommend approval of the Pian. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OQUtST DECLARED THE MOTION CARRIED UNANIMOUSLY. B. Southern Anoka County Community Consortium (SACCC) Prevention and Early Intervention Project Review and Recommendation MOTION by Ms. Mau, seconded by Ms. Raffesbe�ger, to table this item to the August meeting. 21.21 HUMAN RESOURCES COMMISSION MEETING JUNE 20 1996 PAGE 16 Mr. Oquist stated that he wouid like more specific direction regarding what was specifically required of the commission regarding this item prior to the discussion at the August meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRlED AND THE ITEM TABLED UNTIL AUGUST 1996. ADJOURNMENT: MOTION by Ms. Mau, seconded by M�. Chaudhary to adjourn the meeting. UPON A VOICE VOTE, ALL VOTWG AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED AND THE JUNE 20, 1996 HUMAN RESOURCE COMMISSION MEETING ADJOURNED AT 9:35 P.M. Re pectfully submitted, �'�'�" `' �BC� ichele McPherson Pianning Assistanf 21.22 � UPON A VOICE VOTE, ALL VOTING AY�-��VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IMOOSLY. Ms. McPherson state is request would be reviewed by the City Council on Jul . 4. REVIEW AND APPROVAL OF THE HOUSING ACTION PLAN Ms. McPherson stated the Livable Communities Act is set forth by the state. As part of that, the City must come up with a Housing Action Plan which is an inventory of what the City has, where it is located, what type of population is being served, etc. The City hired a consultant to prepare an Action Plan along with a number of maps. Ms. McPherson reviewed the maps and the information represented. � Mr. Saba asked how affordability was determined. Ms. McPherson stated affordability is based on paying 30� or less of your�income for housing. Mr. Saba stated he would like to see the housing stock improved to a higher level. Mr. Sielaff asked if there was some significance in determining the number of affordable homes in the City. Ms. McPherson stated it is important because the City is part of being in the Livable Communities Act. There are certain requirements that need to be met in order to participate in the funding that is available. Ms. McPherson stated the City has a number of programs in place to assist people to maintain and upgrade their homes. The next step as part of the housing.plan update is to look at areas where we might go in and do redevelopment. We could also look at remaining commercial and industrial properties and possibly consider rezoning them to residential. These are the next steps which are to identify those projects to upgrade and provide more choices in new housing possibilities and still maintain affordability. The benchmarks are set to try to have a balance between affordability, lifecycle housing, etc. The Human Resources Commission reviewed the maps and the plan. Their comments are incorporated into the draft. Unless the there are any major objections, staff would like the Planning Commission to recommend approval to the HRA and the City Council. Mr. Saba stated he could not see providing more multi-family 3-4 bedroom units. , 21.23 PLANNING COMMISSION MEETING, JULY 10, 1996 PAGE 12 Ms. McPherson stated that three 3& 4 bedroom units could be provided by new construction or it could mean remodeling existing 1 or 2 bedroom units and combining them into a 3-4 bedroom unit. Mr. Hickok stated, because we have some buffer in our benchmarks, it is possible to take some of the smaller 1 and 2 bedroom units and upgrade them. It is possible to make some of these 3-4 bedroom units and make them be more competitive in the market. There is room and a niche for this type of housing. We are above our benchmarks for the units we have discussed. Mr. Saba stated his concern is having that large of a family in an apartment building. He felt that bigger families in an apartment may not be desirable and should rather be in a house. There are also those who allow others to live with them resulting in over-crowded conditions and can also resuZt in increased crimes. Mr. Hickok stated there are those because of changes in lifestyle who choose to live in a larger apartment. Ms. McPherson stated she did not think conversion af 1-2 bedroom to 3-4 bedroom would occur without help fro� a non-profit organization. This also provides housing for those who are in transition and seeking a home. There is a need for this type of housing. Some families are moving to other communities because they cannot find adequate housing here. Mr. Oquist stated the Human Resources Commission reviewed the plan and had some minor changes. Regarding the argument of overcrowding in the �partments, this can also happen in the 1-2 bedroom units. Ms. Modig stated, while the thin�s mentioned by Mr. Saba do occur, she felt these were not the norm. Mr. Kondrick stated he also did not agree with having additional 3-4 bedroom apartment or rental units. Mr. Saba stated he wouid prefer to upgrade the current housing stock. Mr. Sielaff stated the intent is to be rental. Is it necessarily low income? Ms. Modig stated not necessarily. She did not think we, as a commission, can dictate who lives where. It is not reasonable to say that if a person needs more than 3 bedrooms they should buy a house. 21.24 PLANNING COMMISSION MEBTING. JIILY 10, 1996 PAGB 13 Mr. Hickok stated they have discussed if 3-4 bedroom units mean a certain level of rental. His experience has been, while managing a 250-unit complex with 20 units of 3 bedrooms, that all those units were rented by families who lived 6 months here and 6 months elsewhere. They wanted a place to accoramodate their lifestyle. We also know we have a demand for senior housing in our community. There are others who may be in different lifestyle choices. If that is the case, we are not providing those opportunities. Ms. McPherson stated the City currently has 144 3-bedroom units or 4.6� of the total. The number of affordable units could be decreased. The number of low and moderate units and moderate to upper income units should be increased. We need more of those units for the high end. We will need 500+ by the year 2015 to maintain our benchmark. If the Commission objects to the 3-4 bedroom, that is okay but we need to find a way to get more non- affordable units in the community. Ms. McPherson stated, if the Commission agrees in general with the p1an, she would suggest they recommend approval with the City Council but that you strongly object to increasing the number of 3-4 bedroom units. Ms. Modig asked if the Commission wou13 agree to saying to maintain and upgrade the multi-family units that contain 3-4 bedroom units. That would upgrade the existing housing but not add additional units. Mr. Kuechle stated, if there is an objection, we should say so. Mr. Oquist stated, if you object, eliminate it from the plan or make a statement that we have concerns about 3-4 bedroom apartments. Mr. Kuechle stated, if that is the primary concern, that should be the primary emphasis of what we say. Mr. Kuechle stated, in general, we agree with the statements but we have serious concerns about increasing the number of 3-4 bedroom apartments and the problems that come with it. Mr. 5ielaff stated the problems are the same. If we are concerned about this issue, perhaps we should cap rental units. Ms. McPherson stated there. is a certain financial responsibility when you are talking about non-affordable units. Regarding the issue of overcrowding in rental units, that is the responsibility of the property owner. Not all the problems of a building are the responsibility of the tenants. 21.25 PLANNING COMMISSION MEETING, JIILY 10, 1996 PAGE 14 MOTYON by Mr. agree with the increasing the that come with 42 which says, units . " Kuechie, seconded by Mr. Saba, that, in general, we statements but we have serious concerns about number of 3-4 bedroom apartments and the problems it, and recommend removing the statement on page "Provide additional 3-4 bedroom non-affordable IIPON A VOICE VOTE, WITH MR. RONDRICR, MR. SABA, MR. OQIIIST, AND MR. RIIECHLB VOTING AYE, AND M8. MODIG AND MR. SIELAFF VOTING NAY, VICE-CHAIRPER80N RONDRICR DECLARED THS MOTION CARRIED BY A MAJORITY VOTE. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of the plan as amended. UPON A VOICE VOTE, WITH MR. RONDRICR, RUECHLE, AND M8. MODIG VOTING AYE, VICL-CHAIRPER80N KONDRICR DECLARSD T8 IINANIMOIISLY. 5. #3, #6, #7, AND #9 -- #14 MR. SABA, MR. OQIIIST, MR. AND MR. SIELAFF VOTING NAY, E MOTION CARRIED 0 Ms. McPherson stated the City is expanding the red elopment project area associated with the tax increment f' ancing districts in order to allow the HRA to assist allboard, Inc. in constructing a 30,000 square foot building ' the industrial park south of I-694 and east of East River Roa The Planning Commission's role is to adopt the resol ion conf�rming to the proposed modification to the redevelo ent plan is consistent with the Comprehensive Plan. 5taff ecommends approval. MOTION by Mr. Oquist, seconded Mr. Kuechle, to recommend approval of a Resolution of t Fridley Planning Commission Finding the Modification to he redevelopment PZan for Redevelopment Project No. to be Consistent with the Comprehensive Plan of t City. IIPON A VOICE VOTE� VOTING AYE, VICE-CHAIRPERSON RONDRICR DBCLARED THE MOTIO CARRIED IINANIMOIISLY. 6. RECEIVE T MINUTES OF THE APPEALS COMMISSION MEETING O MAY 29 996 MOTION b r. Kuechle, seconded by Mr. Saba, to receive the minutes of the May 29, 1996, Appeals Commission meeting. A VOICL VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR ,RED THE MOTION CARRIED IINANIMOII3LY. 2 y.26