05/04/1998 - 4818't
OFFICIAL CITY COUNCIL AGENDA
COUNCII� MEETING
MAY 4,1998
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FRIDLEY
FRIDLEY CITY COIINCIL MEETING
ATTENDENCE SHEET
Monday, May 4, 1998
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
PRINT NAME (CLEARLY) ADDRESS
ITEM
NUMBER
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� FRIDLEY CITY COUNCIL MEETING OF
� oF MAY 4, 1998
FRIDLEY
T'he City of Fridlex will not discriminate against or harass anyone in the admission or access to, or treatment, or
employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and 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. (T"TD/�72-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATION:
Veterans' Buddy Poppy Day: May 15, 1998
Public Works Week: May 17-23, 1998
BOARD OF REV/EW MEETING
Continuation of Board of Review ........................................................... 1.01
FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1998 PAGE 2
CITY COUNCIL MEET/NG
STATE LEGISLATIVE UPDATE (8:00 P.M.�
APPROVAL OF MINUTES:
City Council Meeting of April 20, 1998
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Resolution in Support of an Application
for a Minnesota Lawful Gambling Premise
Permit to the Church of Immaculate
Conception (Tabled April 20, 1998) .......................................... 2.01 - 2.02
NEW BUSINESS:
Approve Change Order No. 2, for the
Hackmann Avenue Street Improvement,
Project No. ST. 1998 - 1 ............................................................ 3.01 - 3.03
Resolution Calling for a Public Hearing
(May 18, 1998) on the Matter of Construction
of Certain Improvements: Central Avenue
Improvement Project No. ST. 1998 - 4
(Ward 2) ..................................................................................... 4.01 - 4.04
FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1998 PAGE 4
PUBLIC HEARING:
Approval of Beer License for Great Lake
Chinese Restaurant (7890 University
Avenue N.E.) (Ward 3) ........................................................................ 9.01 - 9.02
OLD BUSINESS:
Variance, VAR #98-06, by Northwestern
Orthopaedic Surgeons Partnership, LLP,
to Reduce the Number of Parking Stalls
as Required by City Code to Allow an
Expansion within the Existing Building
Footprint, Generally Located at 8290
University Avenue N.E. (Tabled
April 20, 1998) (Ward 3) ....................................................................... 10.01 - 10.15
Variance Request, VAR #98-09, by
Kim Miller of Miller Funeral Home, to
Allow the Reduction of the Side Yard
Setback from 80 Feet to 37 Feet for
a Building Addition and Canopy,
Generally Located at 6210 Highway 65
(Ward 2) ....................................................................................... 11.01 - 11.15
InformalStatus Reports ....................................................................... 12.01
ADJOURN.
1'HE MINUTES OF THE FRIDLEY CITY COUNCII� MEETII�IG OF
�
APRIL 20,1998
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF APRIL 20, 1998
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:34 p.m.
1. BOARD OF REVIEW MEETING:
Mayor 7orgenson explained that the 1998 Board of Review allows residents the opportunity to
speak to Council in regard to the proposed value of their home for taxes payable in 1999.
Mr. Hervin, Assessor, stated that the purpose of this meeting is to review the 1998 (payable in
1999) market value that has been placed on properties within the City of Fridley. The City of
Fridley is required to complete the Board of Review within twenty days of commencement. A
second meeting, if necessary, is scheduled for May 4, 1998. The Board has the options of leaving
values as they are, increasing the value or decreasing the value, on an individual basis. Mr. Hervin
provided information in regard to the appeals process should residents wish to challenge the
values placed on their property.
Mr. Hervin noted that there were 297 home sales registered in the City of Fridley last year, with
an average sale price of $105,800. In the previous year, the average sale price was $100,400.
This indicates that home values have increased an average of four to five percent over the
previous year.
Councilmember Schneider stated that the purpose of establishing an assessed value is to put a
value on properties which is close to the price that the property would likely sell for if it were
sold.
Mr. Hervin stated that that was correct. Assessment values generally run 94 to 95 percent of the
market value of a property.
Surendra Chaudharv, 5640 N. Danube Road:
Mr. Chaudhary distributed information to the Council which he had prepared with regard to
properties in his immediate area, and a copy of an official appraisal he had performed on his
property in 1994.
Mr. Chaudhary noted that in 1990, the market value of his property was $157,000. Over a period
of eight years, the market value has increased by $35,000. In comparison with other homes in the
area, his home is the most expensive on the block and has the highest taxes. He noted that one
home on the block recently sold for $164,000 (originally listed for $174,000), and has a 1998
assessed market value of $149,000. He proceeded to offer comparisons of other homes sold. He
stated that he sees a disparity with how the market values have been calculated.
CITY COUNC�, MEETING OF APRIL 20, 1998 PAGE 2
Councilmember Schneider noted that in all examples the market value has been less than the
actual sale price.
Mr. Chaudhary stated that this is not the case for his property. He referred to the 1994 appraisal
of his property which established the value at $174,556, In his area, the houses are not
appreciating in price. He feels he would have a difficult time selling his home for $174,000.
Councilmember Schneider noted that according to the Assessor, property values in Fridley have
gone up between three and five percent per year. Therefore, over the past four years, it would be
reasonable to expect his property to increase in value between ten and twenty percent. To add
ten percent to the value would bring the market value to $191,400 today. The Appraiser is
recommending the market value to be $188,200.
Mr. Chaudhary stated that with the continual increase, he will be forced to move. He is living on
a retired salary and cannot afford the taxes. He has not appeared before the Board over the past
twenty years, but he is compelled to do so now. The value was decreased to $188,000 only
because he called. If he had not, the value would have been set at $192,000.
Councilmember Schneider asked why there was a$13,000 increase in value in 1992. Mr. Hervin
was unable to provide an answer, based on the information on hand, but noted that the significant
increase may have been to bring the property up to the appropriate value.
Mayor Jorgenson noted that the appraisal of the property used comparables of homes in the City
of New Brighton. She noted that, generally, homes are compared with other properties in the
community.
Mr. Chaudhary explained that the New Brighton homes were used as comparables, as no homes
were recently sold in his immediate area at the time the appraisal was performed.
Mr. Hervin explained that assuming a four percent market value increase per year,
Mr. Chaudhary's property can expect to have increased in value by $25,000 to $30,000 from
1994. This would put the value at $199,000.
Councilmember Schneider explained that the City is bound by law to appraise the property for
what they believe it would sell for. The data Mr. Chaudhary provided supports this. If he
believes residents on fixed incomes should be given a break on their taxes, he must pursue that as
a separate issue. The only disparity, if one e�sts, is that the properties in the City tend to be
undervalued.
Mayor 7orgenson explained that her property has increased in value over the past twenty years at
an average of $2,900 per year. The appraisal Mr. Chaudhary submitted was done in 1994. If he
wished to have a quasi appraisal done to show the 1998 market value and bring it back to Council
at the May 4, 1998 meeting, Council would be willing to review the information. Council has the
option to approve the value as it has been set, reduce the market value or increase the market
value. However, any adjustments in market value must be justified.
CITY COUNCIL MEETING OF APRIL 20. 1998 PAGE 3
Mr. Chaudhary indicated his desire to obtain an updated appraisal of his property to substantiate
that the value placed by the Assessor on his property is too high, and bring the information back
to Council for consideration at the May 4, 1998 meeting.
MOTION by Councilmember Schneider to table consideration of this item and continue
discussion at the meeting of May 4, 1998. Seconded by Councilmember Barnette. Upon a voice
vote, all members voting aye, Mayor Jorgenson declared the motion carried unanimously.
Councilmember Schneider asked that Mr. Hervin investigate the $13,000 market value increase in
1992 and bring information back to Council at the May 4, 1998 meeting. Mayor 7orgenson asked
that a comparison be done of the list of homes sold in the area as well as Mr. Chaudhary's home.
MOTION by Councilmember Schneider to continue the Board of Review meeting to May 4,
1998. Seconded by Councilmember Barnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion camed unanimously.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings,
Councilman Schneider and Councilwoman Bolkcom.
MEMBERS ABSENT: None
PROCLAMATIONS:
Daniel and Barbara Fleisher Appreciation Day: Apri124, 1998:
Mayor Jorgenson read and issued a proclamation declaring the week of April 24. 1998 as
Daniel and Barbara Fleisher Appreciation Day, and acknowledged their many years of
devoted community volunteerism in the City of Fridley.
Ms. Sue Anne Kirkham was present to accept this proclamation on behalf of Mr. and
Mrs. Fleisher. The proclamation will be presented to them at a Church Reception held in
their honor.
Loyalty Day: May 2, 1998:
Mayor Jorgenson read and issued a proclamation declaring May 2, 1998 as Loyalty Day in
the City of Fridley. She urged residents to take full advantage of this special occasion
which is celebrated as an incentive for every American to re-affirm his or her love of the
CITY COUNCIL MEETING OF APRIL 20. 1998 PAGE 4
flag and the country, by displaying the flag of the United States. This event will be co-
sponsored by the Veterans of Foreign Wars of the United States.
Mr. Stan Kowalski, representing the Veterans of Foreign War, was present to accept this
proclamation. He noted that the VFW will be hosting a parade on May 2, 1998, ending at
the VFW Post where there will be speakers and celebrations. He encouraged Council's
participation in this event.
Mr. Kowalski also offered to provide the Municipal Center with a POW/MIA flag to fly
below the United States of America flag. Mayor Jorgenson noted that the Ci�y does have
a POW/NIIA flag at Moore Lake, and that they could accommodate another one at the
Municipal Center.
APPROVAL OF MINUTES:
COIINCIL MEETING - April 6, 1998:
MOTION by Councilman Barnette to approve the minutes of the April 6, 1998 City
Council Meeting as presented in writing. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
APRIL 1, 1998:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
APRIL 1, 1998.
3. SPECIAL USE PERMIT. SP #98-05, BY RON STELTER OF FRIENDLY
CHEVROLET, TO ALLOW AN EXPANSION OF 21.780 SQUARE FEET TO A
BUILDING USED FOR AUTOMOBILE SALES AND SERVICES. GENERALLY
LOCATED AT 7501 HIGHWAY 65 N.E. (Ward 2):
Mr. Burns, City Manager, stated that this pernut will allow the construction of a 21,780
square foot addition to the east of the existing automobile sales and service building. It
will be used to expand the existing service department. The City Code requires special
use permits for selling andJor displaying motor vehicles, repair garages and car washes.
Staff recommended and the Planning Commission concurred that the permit be issued with
nine stipulations. Staff is recommending Council approval.
APPROVED SPECIAL USE PERMIT SP #98-05, WITH THE FOLLOWING
STIPULATIONS: (1) NO CARS SHALL BE PARKED IN THE BOULEVARD,
CITY COUNCIL MEETING OF APRIL 20, 1998 PAGE 5
ON ANY LANDSCAPED AREAS OR IN THE STREET, (2) THE PETITIONER
SHALL PROVIDE CURB AND GUTTER ALONG THE ENTIItE PERIMETER
OF THE NEW PARKING AREAS, (3) A LANDSCAPE PLAN FOR THE SITE
SHALL BE APPROVED BY THE CITY PRIOR TO ISSUANCE OF A BUII.DING
PERMIT, (4) THE ENTIRE PARKING AND VEHICLE DISPLAY AREAS
SHALL BE PAVED BEFORE THE NEW ADDITION IS OCCUPIED, (5) THE
PARKIN� SPACES SHALL BE STRIPED AT A WIDTH OF TEN FEET, (6) A
MINIMUM OF 185 PARKING STALLS SHALL BE DESIGNATED FOR
CUSTOMERS AND EMPLOYEES, (7) NO CARS OR OTHER VEffiCLES
SHALL BE PARKED IN A MANNER SO AS TO IMPEDE THE FREE TRAVEL
OF VEHICLES IN AREAS INTENDED AS DRIVE AISLES, (8) TO MAINTAIN A
HOMOGENEOUS APPEARANCE, THE EXTERIOR OF THE ADDITION
SHALL MATCH THE COLOR OF THE EXISTING BUII.,DING AND SHALL
CONFORM TO THE PLANS FOR DARWIN, LINDAHL ARCHITECTS, P.A.
LABELED SHEET NO. A3.1 AND DATED 02/27/98, (9) THE USE OF THE CAR
WASH IS ONLY FOR PATRONS OF THE BUSINESS.
4. CONSIDERATION OF A VARIANCE, VAR. #98-08, BY TODD BACHI�IAN OF
HORTCO. LLC, TO ALLOW A FREE-STANDING SIGN TO BE INCREASED
FROM THE MAXIMUM SIZE OF 80 SQUARE FEET TO 120 SOUARE FEET,
GENERALLY LOCATED AT 8200 UNIVERSITY AVENUE N.E. (WARD 3):
Mr. Burns, City Manager, explained that this request is made by Todd Bachman of
Hortco, LLC. The variance would allow a 120 square foot free-standing sign for the new
Bachman's store at 8200 University Avenue. The variance is consistent with the size of
four pylon sign variances that Council has approved since 1992. Staff recommends that
Council concur with the recommendation of the Appeals Commission and approve the
variance with four stipulations.
APPROVED VARIANCE #98-08, WITH THE FOLLOWING STIPULATIONS:
(1) THE PETITIONER SHALL RECORD AGAINST THE TITLE OF LOT 3,
BLOCK 1, WALTON SECOND ADDITION, A COVENANT WHICH
PROHIBITS THE INSTALLATION OF A FREE STANDING SIGN ON SAID
LOT, (2) THE SIGN AREA SHALL BE LIMITED TO 120 SQUARE FEET IN
SIZE, (3) THE SIGN SHALL MEET HEIGHT AND LOCATION STANDARDS
OF SECTION 214.11 OF THE FRIDLEY CITY CODE, (4) THE VARIANCE
SHALL REMAIN IN EFFECT UNTIL: (a) THE SIGN IS ALTERED IN ANY
WAY, EXCEPT FOR ROUTINE MAINTENANCE AND CHANGE OF
MESSAGES, WHICH MAKES THE SIGN LESS IN COMPLIANCE WITH THE
REQUIREMENTS OF CHAPTER 214 THAN IT WAS BEFORE THE
ALTERATIONS, (b) THE SUPPORTING STRUCTURE OF THE SIGN IS
REPLACED OR REMODELED, (c) THE FACE OF THE SIGN IS REPLACED
OR REMODELED, (d) THE SIGN BECOMES DILAPIDATED OR DAMAGED
AND THE COST OF BRINGING IT INTO COMPLIANCE IS MORE THAN
FIFTY PERCENT OF THE VALUE OF SAID SIGN, AT WHICH TIlVIE ALL OF
CITY COUNCIL MEETING OF APRIL 20, 1998 PAGE 6
THE SIGN AND ITS STRUCTURE BE REMOVED, (e) NOTWITHSTANDING
PARAGRAPH (A) ABOVE, UPON THE CHANGE OF THE NAME OF THE
BUSINESS BEING DISPLAYED ON THE SIGN.
5. APPROVE PROPOSAL FROM HOISINGTON KOEGLER GROUP, INC. FOR
THE VISION PROCESS OF THE COMPREHENSIVE PLAN AND AUTHORIZE
CITY MANAGER TO EXECUTE A CONSULTANT CONTRACT:
Mr. Burns, City Manager, stated that Barbara Dacy, Community Development Director,
has recommended that the City hire this group to conduct the visioning process associated
with the updating of the City's Comprehensive Plan. The contract amount is for $12,850.
A minimum of 150 participants will be invited to the two planning sessions. In these
meetings, the consultant will work with the participants to define what Fridley is and what
it should be over the ne� two decades. They will also work with participants to develop
priorities and to establish a framework for measuring success. Ms: Dacy expects this
work to establish the context for the re-writing of the Comprehensive Plan. Staff
recommends Council approvaL
APPROVED PROPOSAL FROM HOISINGTON KOEGLER GROUP, INC. FOR
THE VISION PROCESS OF THE COMPREHENSIVE PLAN AND
AUTHORIZED THE CITY MANAGER TO EXECUTE A CONSULTANT
CONTRACT.
6. APPROVE CHANGE ORDER NO. 1 FOR THE HACKMANN AVENUE STREET
IMPROVEMENT PROJECT NO. ST 199R-1 (WARD 3):
Mr. Burns explained that the proposed change order adds funding for a sump pump
discharge collection line at a cost of $18,300. It also provides for the installation of
MnDOT Type V geotextile fabric to accommodate unexpectedly wet soils and prevent
premature degradation of the newly upgraded roadway. The cost for the fabric installation
is $12,669. The third segment of the change order is a joint saw and seal program to
control the location of surface cracks. The cost for this item is $4,650. Staff recommends
that all three changes be approved at a cost of $35,619, payable to Forest Lake
Contractors, Inc. of Forest Lake, Minnesota.
APPROVED CHANGE ORDER NO. 1 FOR THE HACKMAN AVENUE STREET
IMPROVEMENT PROJECT NO. ST 1998-1.
7. RESOLUTION #27-1998 PROVIDING FOR THE ISSUANCE AND SALE OF
THE CITY'S GENERAL OBLIGATION WATER REVENUE REFUNDING
BONDS. SERIES 1998A:
Mr. Burns stated that the bond size is $1,180,000. The new sale is being done to enable
advance refunding of water bonds that were issued in 1991. The new issuance allows the
City to take advantage of currently low interest rates and in the process save $124,409.00.
CITY COUNCIL MEETING OF APRIL 20, 1998 PAGE 7
The City's bond rating for this new issuance has once again been established by Moody's
Investor Service at Aal, a very favorable rating.
Bids for the new issue were opened on Monday, Apri120, 1998. They were as follows:
Bidder
Norwest Investment Services, Inc.
Dougherty Summit Securities, Inc.
Miller, Johnson & Kuehn, Inc.
Cronin & Company, Incorporated
Dain Rauscher Incorporated
PaineWebber Incorporated
Piper Jaffray Inc.
True Interest Rate
4.6433%
4.6719%
4.6782%
4.6803%
4.6902%
4.7184%
4.7458%
Staff recommends that the bid be awarded to Norwest Investment Services, Inc., at a true
interest rate of 4.6433 percent.
ADOPTED RESOLUTION #27-1998 AWARDING THE BID TO NORWEST
INVESTMENT SERVICES, INC., AT A TRUE INTEREST RATE OF 4.6433
PERCENT FOR THE SALE OF THE CITY'S GENERAL OBLIGATION WATER
REVENUE REFUNDING BONDS, SERIES 1998A.
8. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA
LAWFUL GAMBLING PREMISE PERMIT TO THE CHURCH OF
IMMACULATE CONCEPTION:
Mr. Burns noted that the applicant is the Church of the Immaculate Conception. The
application is for a pulltab operation at the Fridley Knights of Columbus Hall at 6831
Highway 65 N:E. Staff has reviewed this request for renewal and recommends Council
approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA FOLLOWING ITEM 12 UNDER NEW
BUSINESS.
9. CLAIMS:
APPROVED THE PAYMENT OF CLAIM NOS. 80128 - 80375.
10. LICENSES:
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
CITY COUNCIL MEETING OF APRIL 20, 1998 PAGE 8
11. ESTIMATES:
APPROVED THE ESTIMATES AS FOLLOWS:
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432-4381
Services Rendered as City Prosecuting
Attorney for the Month of 7anuary 1998 $16,290.00
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
Hackmann Avenue/Hackmann Circle
Street Improvement Project No. ST 1998-1
Hackmann Avenue Watermain Repair
Project 317
Estimate No. 1 $51,295.25
Councilmember Barnette requested that Item 8 be removed from the Consent Agenda for
discussion. This was added to the Regular Council Agenda under New Business,
immediately following Item 12.
No persons in the audience spoke regarding the proposed consent agenda items.
MOTION by Councilmember Schneider to approve the consent agenda, with the
exception of Item 8. Seconded by Councilmember Bolkcom. Upon a voice vote, all
voting aye, Mayor Jorgenson declared the motion carried unanimously.
ADOPTION OF AGENDA:
Mayor 7orgenson noted the agenda should be amended to include Item 8 from the consent agenda
after Item 12 under New Business.
MOTION by Councilmember Schneider to Adopt the Agenda AS AMENDED. Seconded by
Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the
motion camed unanimously.
OPEN FORUM, VISITORS:
Lloyd G. Staedy, 134 - 63rd Way, stated that he is concerned with the limitations that the City has
on garbage containers. He has spoken with Waste Management on two occasions, and they are
CITY COUNCIL MEETING OF APRIL 20, 1998 PAGE 9
proposing a 96-gallon cart for yard waste. He felt that a cart such as this would be preferable io
having numerous bags of yard waste at the curb on garbage pick-up day. It would be safer for the
elderly and also would be beneficial in terms of a recycling standpoint. He wondered why Fridley
would not allow residents to use containers such as these for their yard waste if they were
properly labeled.
Mayor Jorgenson noted that in her previous telephone conversation with Mr. Staedy she had
indicated her concerns about putting out a 96-gallon container, stating that some residents do not
make a distinction between yard waste and garbage. Furthermore, she is not sure that the City
could require that the containers be used only for recycling purposes only. Depending upon the
garbage hauler, attention may not be given as to the contents of the container.
Councilmember Barnette noted that previously when larger containers for garbage were
discussed, many senior citizens felt they would be cumbersome and difficult to get to the street for
pick-up.
Mayor Jorgenson noted that the City's recycling goals continue to go up on an annual basis. One
of the incentives for recycling, from her standpoint, is to keep garbage containers to a reasonable
size to encourage people to recycle more. This, however will be an issue that Council will need to
discuss in more detail.
Mr. Knaak, City Attorney, was directed to determine and report back as to whether or not the
City could designate exclusive uses for containers such as these.
OLD BUSINESS:
12. SECOND READING OF ORDINANCE REPEALING CHAPTER 407 OF TFIE
FRIDLEY CITY CODE IN ITS ENTIRETY. AND ADOPTING A NEW
CHAPTER 407, ENTITLED "RIGHT-OF-WAY MANAGEMENT" AND
AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE. ENTITLED
"GENERAL PROVISIONS AND FEES"
AND,
AUTHORIZE PUBILCATION OF OFFICIAL TITLE AND SUMMARY. (Tabled
Auri16, 1998):
Mr. Burns, City Manager, explained that this issue began in 1996 with the court case of Redwood
Falls versus U. S. WEST. Subsequently, the League of Minnesota Cities (LMC) sought to work
with the state legislature to regain the control of municipal rights-of-way. A right-of-way
management law gives local governments the authority to manage their rights-of-way and recover
their costs. The LMC worked with their representative cities to develop a model right-of-way
ordinance. A local right-of -way ordinance was made available to the municipalities and
subsequently, efforts were made by the PUC Task Force to establish rule-making authority.
CITY COUNCIL MEETING OF APRIL 20, 1998 PAGE 10
Mr. Burns stated that the right-of-way ordinance is an attempt by the City to control the use of its
rights-of-way. It requires registration of companies that do work in the public right-of-way,
requires registered companies to file an annual work plan to obtain a permit for excavation or
obstruction of the right-of-way, establishes standards for right-of-way restoration, establishes
standards governing the obstruction of traffic flow while right-of-way work is in process. The
ordinance also requires as-built drawings, maps and other documentation of work done in the
right-of-way. It wiil also provide recourse to the City for work that is not completed to standards
or in a timely manner. It gives the City the right to assign companies to specific right-of-way
corridors, provides for the removal of unused or abandoned facilities, and establishes fees to cover
the City's cost of administering the provisions of the ordinance.
Mr. Burns stated that there has been input from several utility companies. Minnegasco argues
that the e�sting franchise adequately insures the restoration of the streets. While it does require
them to obtain a permit for excavation of the right-of-way, none of the other requirements of the
right-of-way ordinance are present in the franchise. The user fee requirement that is in the
proposed ordinance does not apply to telecommunications companies, as State law prevents the
City from charging them to these companies. All other provisions of the proposed ordinance
would apply to the telecommunication companies.
Mr. Burns noted that the City's fees have been criticized as being in excess of the actual costs.
Staff has carefully calculated those fees after talking with the various employees involved in doing
the work and feels the fees are reasonable. He noted that the fees have been reduced substantially
since the ordinance was introduced. The fees for county and state highways have been eliminated.
The mapping fee has been reduced from $220 to $110. The obstruction fee has been reduced
from $150 to $75. The unit cost for restoration has been reduced from $1.75 per lineal foot over
30 feet to $1.00 for each additional 30 foot section after the first 30 feet. While the proposed fees
are cunently higher than those of other cities, staff expects that many of these cities will enact
similar fees.
In response to the discussion that the proposed user fee is in contradiction with the 1997 State
law, Fritz Knaak, City Attorney, and LMC officials indicate that this is not so. In response to
suggesting that the City delay passage of the ordinance until the MPUC Task Force has
completed its work on the rules, staff estimates that it could be another two years before it is
acted on. Concerns raised by Council as to the clarity of the user fees have been addressed in the
proposed ordinance. Language has been added to Chapter 407.04, Section 3 that explains the
basis for the user fee. The user fee applies only to new facilities and not to the repair or
replacement of existing facilities. All franchise holders that pay franchise fees are exempt from
user fees. The user fee is based on the area of the right-of-way to be occupied by the new facility.
The user fee is payable at the time of new construction for a portion of the year in which the
facility was completed. Thereafter, the company pays an annual user fee for all facilities installed
after the adoption of this ordinance. The logic behind the user fee is that utility companies should
be paying the City something for the value of using City property.
CITY COUNCIL MEETING OF APRIL 20, 1998 PAG� 11
Mr. Burns noted that staff is recommending Council approval of this ordinance. Mr. Leonard
Krumm, a professional engineer and Assistant Director for Engineering Operations for the City of
Minneapolis, was present if Council wished to have any particular questions addressed.
Councilmember Schneider asked what procedure utility company would need to follow if they had
work to do in the right-of-way. Mr. Jon Haukaas, Assistant Public Works Director explained that
without passage of this new ordinance, they would need to obtain a permit from the City, pay the
fees involved ($200 excavation permit), complete the work, and have it inspected and approved
by the City. If it needs to be re-inspected there would be an additional $25.00 charge.
Councilmember Schneider asked if the City knows what lies beneath a11 of the City's streets and
highways. Mr. Haukaas explained that the City only has information about its own utilities. The
Gopher State One Call has representatives of the various utility companies mark the area of
concern.
Councilmember Schneider asked how the ordinance would affect the requirements for patching
and restoration. Mr. Haukaas explained that this ordinance would give the City the authority to
prescribe the manner and e�ent of the restoration. In the case of a new roadway, the City could
require the utility company to rebuild the entire street, bring it up to the e�sting condition, and
therefore would protect the investment of the taxpayers. At this time, utility companies are only
required to patch the area. This mapping fee in the ordinance would aid the City in the
preparation of future projects and is a faster method of locating utilities, especially in the event of
emergency situations.
Mayor Jorgenson asked if the City contacts utility companies to inform them of City projects and
coordinate work at the same time. Mr. Haukaas stated that the City did send out a letter to the
utility companies with a map showing all proposed City construction projects for this very
purpose.
Councilmember Barnette asked who determines whether or not a utility company needs to remove
an abandoned utility. Mr. Haukaas stated that this would be up to the City.
Councilmember Barnette asked when the ordinance would go into effect. Mr. Knaa.k responded
that if it is passed it would go into effect immediately upon publication.
Councilmember Schneider asked if staff would re-ev�luate the fees annually to determine if they
were appropriate and make necessary adjustments. Mr. Haukaas responded in the affirmative.
Councilmember Barnette asked what. percent the fees in the ordinance would increase over the
existing fees. Mr. Haukaas noted that the City only has an excavation fee at this time which is
$200.00.
Councilmember Billings noted that Minnegasco pays over $200,000 to Anoka County per year in
property taxes. Of this amount, Fridley receives approximately $35,000. He asked if there was
any service that the City provides to Minnegasco in exchange for those taxes. Most taxpayers
CITY COUNCIL MEETING OF APRIL 20, 1998 PAGE 12
benefit from the police and fire protection with residents benefiting from many additional City
resources. Minnegasco is not getting the same level of return that other commercial and
residentia( property owners are getting. This needs to be factored into the equation.
Mayor Jorgenson asked if staff has record as to how many miles of pipe Minnegasco has in
Fridley. This information was not available.
Councilmember Billings stated that his concern was in the significant amount the excavation fee
was reduced by. He wondered how this was possible if staff was carefully evaluating actual costs
to the City. Secondarily, it is his understanding that the City Engineers Association of Minnesota
is looking at the fee structure. With so many numbers given to Council over the last few weeks
and taking into account that some of the property taxes paid by the utility companies should be
compensated by services the City renders, he would opt to hold the fee structure the same until an
annual analysis can be prepared based on numbers. He does not feel that fees should be adjusted
upward until they can be justified.
Mayor Jorgenson wondered if by not passing the ordinance, the City is essentially degrading some
of the City streets by allowing patching which will not help to maintain the life expectancy of the
streets.
Councilmember Billings stated the City currently requires that the streets be patched satisfactorily.
Councilmember Barnette asked what the past track record has been in regard to street restoration.
Mr. Haukaas stated that it has been average. There are a number of subcontractors involved, and
he can recall some problems in three recent instances.
Councilmember Schneider stated that with the possibility of residents eventually being given the
opportunity to choose their own utility suppliers, the City can expect perhaps many more utility
companies coming in. The City may have a history with the current utility companies but will not
have with others.
Councilmember Bolkcom noted that the City still is protected by the ordinance (referring to pages
23 and 24 of the agenda book). She stated her concern is that the proposed fees in the ordinance
are much higher in comparison with what other communities are charging.
Councilmember Schneider stated that Fridley is breaking new ground with this ordinance. Other
communities have not been recouping their costs. He is confident that the numbers projected by
staff represent an accurate estimate of what they feel it will cost the City to administer this
ordinance.
Mayor Jorgenson stated that the fees are based on actual costs. She felt that the City should put
the new fees in place and re-evaluate them at a later date to determine if they are indeed accurate.
Discussion followed in regard to whether the City could pass the ordinance without Chapter 11,
or pass the ordinance incorporating the old fees into the ordinance. Councilmember Billings
stated that some type of nominal fee would need to be included in Chapter 11 for some of the
CITY COUNCIL MEETING OF APRIL 20, 1998 PAGE 13
additional items that have been discussed. The degradation cost is something that the utility
company may opt to pay in lieu of fi�ng the street to City standards, and thus would offer an
option that companies do not cunently have.
MOTION by Councilmember Billings to approve Chapter 407 and Chapter 11 as presented, with
the amendment to include of language added by staff on page 10 to read as follows:
"The user fee reflects the value of the right-of-way needed for new facilities and is based on
the average market value of the land, adjusting for the cost of acquisition and non-exclusive
us� The dimensions of the occupied land shall incorporate the Gopher One Call criteria of 2
foot clearance on all side� "
Seconded by Councilmember Schneider. UPON A VOICE VOTE, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
MOTION by Councilmember Billings to amend Chapter 11, changing the Excavation Fee in
Chapter 407.07 to read $200 with all other language to be eliminated; changing Chapter 407.07,
Obstruction Pernut to $15.00; changing Chapter 407.04, Permit Extension Fee to $15.00,
changing Chapter 407.10 Mapping Fee to $10.00, and changing Chapter 407.05, User Fee by
eliminating all language and inserting "In lieu of $10. 00 per projec� "
Councilmember Billings stated that the proposed amended fees are not intended to re-coup the
City's costs but rather to maintain a fee structure close to how it stands today and to allow the
City an opportunity to adequately study and determine what the actual fees are.
MOTION by Councilmember Schneider to AMEND Chapter 407.10, Mapping Fee from $10.00
to $100.00. He felt that it would provide the companies a strong enough incentive to comply
with the City's format. Seconded by Councilmember Barnette.
Councilmember Billings stated that he also believes the $10.00 fee that he proposed is not
necessarily a strong enough fee to give the user the incentive to comply with the City's system.
However the City does intend to evaluate the fees within a year. By leaving the fee at $10.00, it
will maintain the fees at where they currently are.
UPON A VOICE VOTE one member voted aye, and four members voted nay, Mayor Jorgenson
declared the motion failed.
UPON A VOICE VOTE on Motion amending Chapter 11, General Provisions and Fees, four
members voting aye, one member voting nay, Mayor Jorgenson declared the motion carried.
UPON A VOICE VOTE on Main Motion Approving Chapters 407 and 11 AS AMENDED. All
members voted aye, Mayor Jorgenson declared the motion carried unanimously.
MOTION by Councilmember Schneider to direct the City Manager and staff to bring back to
Council an analysis of the actual costs no later than six months from the date of passage of
CITY COUNCIL MEETING OF APRIL 20. 1998 PAGE 14
Ordinance #1116. Seconded by Councilmember Bolkcom. Upon a voice vote, all members
voting aye, Mayor Jorgenson declared the motion carried unanimously.
MOTION by Councilmember Billings to direct the publication of the ordinance summary as found
on page 12.36 of the agenda packet, changing the date of passage in the last sentence thereof
from April 6, 1998 to Apri120, 1998. Seconded by Councilmember Bolkcom. Upon a voice, all
members voting aye, Mayor Jorgenson declared the motion carried unanimously.
Councilmember Billings asked that the City Manager and the Director of Public Works prepare a
written policy statement as to the conditions under which the City would be looking to ask utility
companies to remove abandoned property.
8. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA
LAWFUL GAMBLING PREMISE PERMIT TO THE CHURCH OF THE
IMMACULATE CONCEPTION:
Councilmember Barnette noted that on Page 8 of the City Council minutes for the meeting of
April 6, 1998, Council passed a resolution in support of an application for a Nlinnesota lawful
gambling premise permit to the Knights of Columbus Council. He asked if it is lawful to have two
gambling permits in the same establishment. Attorney Knaak stated that he believes it is permitted
as long as they are not run simultaneously. Councilmember Barnette noted that it is his
assumption that one is for Bingo, and that the Immaculate Conception pernut would be for
pulltabs. Therefore, he believes they would be run at the same time. Attorney Knaak was asked
to check on this matter before Council took action on the request.
MOTION by Councilmember Barnette to table Item 8 until such time as the Attorney can provide
information clarifying the laws pertaining to having two gambling permits in the same
establishment. This will be brought before Council at the May 4, 1998 meeting. Seconded by
Councilmember Schneider.
Upon a voice vote, all members voting aye, Mayor Jorgenson declared the motion carried
unanimously.
THIS ITEM WAS TABLED TO THE REGULAR CITY COUNCIL MEETING
OF MAY 4, 1998.
13. VARIANCE #98-06, BY NORTHWESTERN ORTHOPAEDIC SURGEONS
PARTNERSHIP. LLP, TO REDUCE THE NUMBER OF PARKING STALLS AS
REQUIRED BY CITY CODE TO ALLOW AN EXPANSION WITHIN THE
EXISTING BUILDING FOOTPRINT, GENERALLY LOCATED AT 8290
UNIVERSITY AVENUE N.E. (WARD 3):
Mr. Scott Hickok, Planning Coordinator, explained that this property is zoned C-2, General
Business, and is a turn back Parcel. Doctors Crandall, Flake and Holmberg are requesting a
variance to allow the reconstruction of their existing first floor parking garage as a surgical suite.
CITY COUNCIL MEETING OF APRIL 20. 1998 PAGE 15
The request represents a 27 percent reduction in the number of parking stalls required on the site.
He noted the City Code sections regarding the parking ratio for various uses. Because the
building is a mix of uses, staff has recommended the ratio of one parking stall per 200 square feet
of building floor area for speculative floor area. Based on the recommended ratio, 99 parking
spaces would be required. Cunently there are 69 parking spaces striped and three inside parking
spaces on site which would be available after construction. for a total of 72 spaces. With 99
spaces required, the shortage would be 27 percentage. To off-set the lack of spaces, the
petitioner has ananged for 27 off-site parking spaces for employees at the Moose Club, west of
the subject parcel.
Doctors Crandall, Flake and Holmberg have asked that the parking requirement be based on
leasable square feet rather than gross square feet for their building. The building is land-locked
between University Avenue, University Service Road and 83rd Avenue with public right-of-way
issues as well as lack of adjoining property. Therefore, they are unable to provide additional
spaces as needed on the property to meet code requirements.
Mr. Hickok noted that staff recommends denial of this variance since it will cause present or
future owners parking deficiencies for the e�cisting use and the future use. Even with a reciprocal
parking agreement, the 27 percent reduction woutd set a new precedent for variances of this type.
The Appeals Commission recommended approval of the variance request with the following
stipulations: 1) that the area dedicated to employee parking at the Moose Lodge be identified on
a plan for the staff members of both the Moose Lodge and Clinic complexes, 2) the cross-walk
for employees be painted on the street surface, of University Avenue Service Drive, in accordance
with standards of the Fridley Pubtic Works Department, 3) installation of a walkway occur
between the Moose Lodge and Orthopedic parking areas (leading to the painted cross-walk on
the service drive), prior to the issuance of a Certificate of Occupancy for the new surgical space,
4) any future modification of use, the City shall be notified by the building owners to re-evaluate
the parking demands of that new use prior to commencement of sale or lease. The parking
arrangement with the Moose Lodge shall be recorded with Anoka County.
Mr. Hickok stated that in talking with the City Engineer, there are two other stipulations related
to the crosswalk which he feels would be important to include if Council chooses to concur with
the Appeals Commission and recommend approval of this variance. Those additional stipulations
include: that the crosswalk shall not only be installed at the petitioners expense, but maintained as
necessary to insure that pavement markings are bright and (egible, and that the walkways shall be
maintained throughout the seasons to assure safe passage and insure that employees and others
who park at the Moose Lodge walk across at the designated location.
Councilmember Bolkcom asked what would happen to the parking anangements if the Moose
Lodge wished to sell the property. Mr. Hickok noted that recording the document with Anoka
County will be required and the agreement will transfer with the sale of the property. This is an
arrangement that has been negotiated between the two entities.
Councilmember Barnette asked how many people the Clinic employs. Additionally, he wondered
how many cars use the lot during peak hours (11:00 a.m. and 1:00 p.m.). Dr. Robin Crandall,
CITY COUNCIL MEETING OF APRIL 20, 1998 PAGE 16
Northwestern Orthopedic Surgeons Partnership, LLP, explained that generally the lot is 50
percent or less full. They do not perceive any ongoing parking problems with the proposed
construction. Presently they have 42 employees in the three offices, many of whom are employed
on a part-time basis.
Mayor Jorgenson stated that she has, on occasion, only found a few remaining parking spaces
available at 4:00 p.m. She assumed that physical therapy may account for this.
Councilmember Bolkcom asked how many new employees they intend to hire with the new
surgical unit. Dr. Crandall stated that they plan to hire three additional employees. Council-
member Bolkcom asked if an anesthesiologist will also need to be present. Dr. Crandall
responded in the affirmative. It was also noted that the surgeon would also be there, rather than
at the hospital. It is estimated that a surgical unit could generate another five employees.
Councilmember Schneider stated that his concern is in setting a precedence for variances. He also
had concerns as to other uses in that building if they should chose to move in the future. He
asked if the City could be held liable in the event that a patient was injured while using the
crosswalk. Dr. Crandall stated that it is not their intent to have any patients use the off-site
parking spaces. Those spaces will be used by employees.
Attorney Knaak stated that if the City required the parking arrangement with Moose Lodge as
part of the condition for allowing the expansion to occur, the City could be creating some type of
liability on the part of the City. The City may, in that case, want to consider some type of
indemnification.
Mayor Jorgenson noted that Northwestern Orthopedic Surgeons currently owns property on the
other side of 83rd Avenue. She asked if they have considered expanding with another clinic on
that parcel. Dr. Crandall noted that it was discussed as a possibility in the future. Councilmember
Bolkcom wanted to know if this property could be used for additional parking rather than the
Moose Lodge property. Dr. Crandall stated the Moose Lodge site is a safer alternative.
Councilmember Bolkcom asked if tabling this item would pose any problems with regard to the
sixty-day deadline. She stated that she would like Attorney Knaak to review the liability issue and
work out some language to indemnify the City if the variance were granted. Mr. Hickok noted
that there would not be a problem from staffs standpoint. Dr. Crandall stated that they would
like to get plans underway, but he would be open to tabling the action until the May 4, 1998
meeting.
Councilmember Schneider asked that staff also research the amount of variances that have been
granted in Fridley. His concern is how the City could avoid setting a precedence in granting
variances such as this in the future. (Northwest Racquetball Club was suggested as an example
for parking variances.)
CITY COUNCIL MEETING OF APRIL 20. 1998 _ PAGE 17
MOTION by Councilmember Bolkcom to table this item until the May 4, 1998 regular City
Council Meeting. Seconded by Councilmember Barnette. Upon a voice vote, all voting aye,
Mayor Jorgenson declared the motion carried unanimously.
14. RECEIVE BIDS AND AWARD CONTRACT FOR 1998 PLAYGROUND
EOUIPMENT UPGRADES:
Mr. Jack Kirk, Director of Recreation and Natural Resources, explained that as part of the City-
wide effort to improve the neighborhood playgrounds and provide modern, safe and accessible
equipment, staff has identified five park locations that are on schedule for replacement in 1998.
These include Briardale Park, Edgewater Gardens Park, Plymouth Square Park, Ruth Circle Park,
and Sylvan Hills Park. As has been done in the past, staff asked vendors to give a proposal for
their best equipment for a set dollar amount. The information was then reviewed, and a
determination made as to what would be the best value for the funds available. Bids were opened
on March 25. There were five vendors who submitted proposals. Notices were sent out to the
sunounding neighborhoods, asking for the public's input on the selection process. On April 6 the
Parks and Recreation Commission also reviewed the playground equipment. They concurred with
stai�s recommendation to award the contract for all five playgrounds to Flanagan Sales, Inc. with
the Little Tykes line of equipment for the amount of $32,000 each. This was felt to be the best
package for the money. Also, Flanagan Sales was the only company who offered a cash discount
for all five parks. This was also the top choice of residents. Mr. Kirk presented diagrams of
equipment at two of the proposed playgrounds.
MOTION by Councilmember Billings to receive the following bids on the five playground
projects: BRIARDALE PARK, PROJECT 310A: MIDWEST PLAYSCAPES, INC., $32,000;
MN/WI PLAYGROUND, INC., $32,000; EARL F. ANDERSEN, INC., $32,000; ST. CROIX
RECREATION, $32,000; AND FLANAGAN SALES, INC., $32,000. EDGEWATER PARK,
PROJECT 310B: N�WEST PLAYSCAPES, INC., $32,000; MNlWI PLAYGROUND, INC.,
$32,000; EARL F. ANDERSON, INC., $32,000; AND FLANAGAN SALES, INC., $32.000.
PLYMOUTH PARK, PROTECT 310C: NIIDWEST PLAYSCAPES, INC., $32,000; MN/WI
PLAYGROUND, INC., $32,000; EARL F. ANDERSON, INC., $32,000; AND FLANAGAN
SALES, INC., $32,000. RUTH CIRCLE, PRO7ECT NO. 310D: MIDWEST PLAYSCAPES,
INC., $32,000; MN/WI PLAYGROiJND, INC., $32,000; EARL F. ANDERSON, INC.,
$32,000; ST. CROIX RECREATION, $32,000; �ND FLANAGAN SALES, 1NC., $32,000.
SYLVAN PARK, PROJECT 310E: NIIDWEST PLAYSCAPES, INC., $32,000; MN/WI
PLAYGROUND, INC., $32,000; EARL F. ANDERSON, INC., $32,000; ST. CROIX
RECREATION, $32,000; AND FLANAGAN SALES,INC., $32.000.
Seconded by Councilmember Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously.
MOTION by Councilmember Schneider to award the contracts to Flanagan Sales, Inc. for
Projects 310a., 310b., 310c., 3lOd., and 310e. Seconded by Councilmember Barnette. Upon a
voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously.
CITY COUNCIL MEETING OF APRIL 20, 1998 PAGE 18
Mr. Kirk noted that all equipment will be installed this summer with an anticipated completion
date of July 15.
15. INFORMAL STATUS REPORTS:
Councilmember Bolkcom complimented staff on the success of the Home Remodeling Fair. She
felt that it was ver9 well done and well organized.
Mayor Jorgenson noted that vendors also were very appreciative of the Home Remodeling Fair
and the opportunities it has given them to do work in their own community.
Mayor Jorgenson noted that Anoka County will be having a Household Hazardous Waste
collection and product exchange in Fridley on May 1 from 3:00 p.m. until 7:00 p.m. and on
Saturday, May 2 from 9:00 a.m. to 3:00 p.m. at Columbia Arena. There will be no charge to
residents.
Councilmember Bolkcom reminded residents of the Block Captain meeting on April 23 at
7:00 p.m. in the Council Chambers.
ADJOURNMENT:
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion camed
unanimously and the Regular Meeting of the Fridley City Council of April 20, 1998 adjourned at
10:55 p.m.
Respectfully submitted,
Tamara D. Saefke Nancy J. Jorgenson
Recording Secretary Mayor
TO: WILLIAM W. B URNS, CITY MANAGER 1 ���
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: BOARD OFREVIEW
DATE: May 1,1998
The follow up meeting for this yeaz's Board of Review will be held before the council
meeting on Monday evening, May 4.
At the first meeting we heard from Mr. Chaudhary of 5640 N. Danube Rd. and his case
was extended to the second meeting for resolution. The Assessing Staff has gathered
some of the information he presented at the first meeting for the council. We have had no
further contact from him since the first meeting but presume that he will be back to
continue his presentation. Nobody else from the city has contacted us regarding a hearing
so I don't expect anyone else at the meeting.
c.c. Ed Hervin
Mary Smith
1.01
CITY OF FRIDLEY
M E M O R A N D U M
• �V 1 1
TO: WILLIAM W. BURNS, CITY MANAGER �
E'RiOM: RICHARD D. PRIBYL, FINANCE DIRECTOR
WILLIAM A. CH�A, CITY CLERK
SUBJECT: MINNESOTA LAWFtJL GP,I�LING PREMISE PERMIT RENEWAL
APPLICATION FOR CHURCH OF I1�1AiCiJLATE CONCEPTION
DATE: APRIL 30, 1998
Attached is a resolution approving the application for a Minnesota
Lawful Gambling Premise Permit for Church of Immaculate Conception
Columbia Heights. This item was on the April 20, 1998 agenda but
was tabled so that a couple of questions could be answered. �
Gambling, in the form of pull-tabs and bingo, will be conducted at
the Knights of Columbus Hall, 6831 Highway 65 Northeast. These
gambling activities will occur only on the days that the Knights
Council is not conducting their own charitable gambling, which was
approved by Council in early April.
According to the gambling managers from both organizations, Church
of Immaculate Conception and the Knights will not use the same
space for charitable gambling activities. Nothing in our City Code
(Chapters 30 or 606) or State Statute prevent more than one
organization from being in the same location as long as they use
separate space to conduct their operations. Staff has verified
this with Minnesota's Gambling Control Board.
Minnesota State Statutes require the adoption of a resolution
approving this type of gambling permit.
Immaculate Conception has consistently paid their three percent
gambling tax to the City and appears to have complied with the 50
percent expenditure requirement in our trade area.
Our Police Department has found no reason to deny this renewal
application.
2.01
RE30LUTION NO. - 1998
RE30LUTION IN 3UPPORT OF AN APPLICATION FOR A
MINNE30TA LAWFUL GAI�LING PREMISE PERMIT TO
CHURCH OF I1rIIr1ACUI�ATE CONCEPTION
WHEREAS, the City of Fridley has been served with a copy of a Renewal
Application for a Minnesota Lawful Gambling Premise Permit for the
Church of Immaculate Conception; and
WHEREAS, the location of the Premise Permit is for Knights of
Columbus Hall, 6831 Highway 65 Northeast; and
WHEREAS, the City of Fridley has not found any reason to restrict the
location for the charitable gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Fridley approves the Minnesota Lawful Gambling Premise Permit to
Church of Immaculate Conception.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1998.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
2.�2
NANCY J. JORGENSON - MAYOR
City of Fridley
i,
TO: William W. Burns, City Manager. °�7� �
��
FROM: John G. Flora, Public Works Director
Jon H.�aukaas, Assistant Public Works Director
�,._
DATE: Apri128, 1998
SUBJECT: Change Order No. 2, Hackmann Avenue Street Improvement Project
No. ST. 1998 - 1
PW98-096
The attached Change Order No. 2 is for the repair of water service curb stops and sanitary sewer services
on the project. Sixteen water service lines and valves were found to be deteriorated or inoperable. These
were replaced by the contractor during the course of the work. The water main was found to have been
installed after and therefore above the sanitary sewer. This caused the installation of the new water main
to impact about half of the sanitary service lines and necessitating some additional repair work.
The net cost of Change Order No. 2 is $9327.13. Recommend the City Council approve Change Order No.
2 to Forest Lake Contracting for the Hackmann Avenue Street Improvement Project No. ST. 1998 - 1.
JHH/JGF:cz
Attachment
3.01
CITY OF FRIDLEY
EtiGINEERING DEPART�IENT
6431 UN'IVERSITY AVENTJE N.E.
FRIDLEY, iVIN 55432
May 4, 1998 =
Forest Lake Contracting, Inc.
14777 Lake Drive
Forest Lake, MN 55025
SUBJECT: Change Order No. 2, Hackmann Avenue Street Improvement , Project No. ST.
1998-1
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your contract for the Hackmann
Avenue Street Improvement Project No. ST. 1998-1 by adding the following work:
Addition:
Item
1. Repair Existing Water Service
Curb Stops and Existing
Sanitary Services
Part
Lump Sum
uantit
1
Price
$9327.13
Amount
�9327.13
TOTAL ADDITIONS . . . . . . . . . . . . . . . . $9327.13
TOTAL CHANGE ORDERS:
Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $382,705.00
Contract Additions - Change Order
No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35,619.00
No.2 .................................. $9327.13
REVISED CONTR,ACT AMOUNT $427.651.13
3.02
Forest Lake Contracting, Inc.
Change Order No. 2
vlay 4, 1998
Page 2
Submitted and appro�ed by John G. Flora, Public Works Director, on the 4th day of Nlay,. 1998.
�
ed by
..-- '
Checked by
G. Flora, P.E.
irector of Public Works
nf _
Approved and accepted this � day of z� � , 1998 by
FOREST LAKE CONTRACTING, INC.
w������� i�� � � _
Dan Vollhaber, PE
Approved and accepted this day of , 1998 by
CITY OF FRIDLEY
Nancy Jorgensen, Mayor
William W. Burns, City Manager
3.03
City of Fridley
TO: William W. Burns, City Manager V`` '
FROM: John G. Flora; Public Works Director
DATE: May 4, 1998
SUBJECT: Central Avenue Improvement Project
PW98-094
Anoka County is proposing to upgrade Central Avenue (CSAH 35) from Rice Creek north to the corporate
limits. This project will include a new storm sewer system, concrete curb and gutter and a bike path along
the west side of Central Avenue.
In accordance with the City's policy, the concrete curb and gutter will be assessed to the abutting property
owners on a front foot basis at an estimated cost of $11 per front foot.
Recommend the City Council set a public hearing on the proposed project and assessments for Monday,
May 18, 1998.
JGF:cz
4.01
RESOLIITION NO. - 1996
RTSOLUTION CALLING FOR A PIIBLIC HSARING ON THL MATTER OF
CONSTRIICTION OF C$RTAIN IMPROV�NTS : CF3NTRAL AVSNiTl3 IMPROVEMl3NT
PROJSCT NO. ST. 1998 - 4
WHEREAS, the Anoka County Highway Department proposes to install a
storm sewer system from the north corporate limits along the west side
of Central Avenue (CSAH 35) souCh to Rice Creek, and
WHEREAS, the road will be widened to the west and a bike path will be
constructed along the west side of the road, and
WHEREAS, concrete curb and gutter will be installed along this
section, and
WHEREAS, the
the interest
thereby.
construction of certain improvements is deemed to be in
of the City of Fridley and the property owners affected
NOW, 'THEREFORE, BE IT RESOLVED, by the City Council of the City of
Fridley as follows:
1. That the City Clerk shall act to ascertain the name and address
of the owner of each parcel of land directly affected or within
the area of lands as may be proposed to be assessed for said
improvements, and calculate estimates of assessments as may be
proposed relative thereto against each of said lands.
2. That the area proposed to be assessed for said improvements and
each of them as noted in said notice are all the lands and
areas as noted in said notice: All of the same to be assessed
proportionately according to the benefits received.
3. That the estimates of assessments of the Clerk shall be
available for inspection to the owner of any parcel of land as
may be affected thereby at any public hearing held relative
thereto, as well as at any prior time reasonable and
convenient.
4. That the City Clerk is authorized and directed to give notice
thereof in the official newspaper of the City of Fridley and by
mailed notice to all the property owners whose property is
liable to be assessed with the making of these improvements
according to law, such notice to be substantially in the form
and substance of the notice attached hereto as Exhibit "A".
4.02
Resolution No. - 1998
Page 2
5. That this Council meet on the 18th day of May, 1998, at 7:30
p.m. at the Fridley Municipal Center Council Chambers at 6431
University Ave., N.E., Fridley, MN, for the purpose of holding
a public hearing on the improvement noted in the Notice
attached hereto and made a part thereof by reference, Exhibit
nAn.
PASS$D AND ADOPT$D BY TFffi CITY COUNCIL OF THE CITY OF FRIDL$Y THIS
DAY OF MAY, 1998.
ATTESTED:
WILLIAM A. CHAMPA - CITY CLERK
NANCY J. JORGENSON - MAYOR
4.03
C���`����i����E��
(ERHIBIT A)
NOTIC$ OF H$ARING ON IMPROVSMENTS
C$NTRAL AVENUS IMPROVEMENT PROJECT
WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota,
has deemed it expedient to receive evidence pertaining to the improvements
hereinafter described.
NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 18th day of May 1998, at
7:30 p.m. the City Council will meet at the Fridley Municipal Center Council
Chambers, 6431 University Ave., N.E., Fridley, MN, and will at said time and
place hear all parties interested in said improvements proposed for Central
Avenue (CSAH 35) from Rice Creek north to the Corporate limits in whole or
in part.
The general nature of the improvements is the construction (in the lands and
streets noted below) of the following improvements, to-wit:
The project will include storm sewer, concrete curb and gutter and a bike
path along the west side of the improvement. The concrete curb and gutter
is proposed to be assessed at an estimated cost of $11.00 per front foot.
All of the land abutting upon said streets named above and all lands within,
adjacent and abutting thereto. Al1 of said land to be assessed
proportionately according to the benefits received by such improvement.
Published: Fridley Focus
� � .
St-pub. not
emo
Apri130, 1998
TO: William W \�` "
.Burns �
City Manager
FR: Jack Kirk �.�✓
Director
RE: AUTHORIZATION TO ADVERTISE FOR BIDS ON CONSTRUCTION OF LOWER
LEVEL AT FRIDLEY COMMUNITY GENTER .
Fridley Community Center, located at 6085 7�' Street NE, is a cooperative project between the City of
Fridley, Independent School District #14, the business community, community organizations and Fridley
residents. The facility is already being used for recreation, social, and education activities by many
residents of our community. Recent improvements at the Center have included the construction of a
6,000 square foot addition and remodeling of many of the existing rooms in the building. The original
expansion project at the Community Center included an unfinished lower level. Thanks, in large paR, to
a state grant through the Minnesota Department of Children, Families and Learning we would like to
proceed with finishing this lower level to accommodate many of our youth programs and expand the
opportunities for community use of the facility.
The lower level program space is essentially divided into three areas: 1) a dance%xercise room, 2) a
game room, and 3) a lounge area. The dance/exercise room would be used for teen dance events, aerobic
classes, exercise classes and dance lessons. We expect to have a wood exercise floor as well as an
appropriate sound system to meet the needs of the various activities. The game room would be
complete with pool tables and other amenities such as foosball, air hockey, video games, and table
games. We expect the game room to be used heavily by the Senior Program pool players as well as the
youth during after school and evening hours. The lounge area will be complete with a small television
viewing area, tables and chairs, and several booths for youth and other groups to socialize. The
completion of the lower level will also include two new restroom facilities and a custodian/maintenance
closet.
Cost estimates for the lower level project total $364,169 which includes construction, professional fees
and furnishings. The Minnesota Department of Children, Families and Learning grant will provide
$285,250, with another $55,000+ to come from the community fundraising effort to support this project.
The balance is approximately $28,500 which the City Council had previously indicated could come
from the City's liquor store fund.
5.01
William W. Burns
Authorization to Advertise for Bids
Page 2
The plans and specifications are now ready and have been reviewed by City and School District staff, the
City of Fridley City Council and the Independent School District #14 School Board. It is my
recommendation that the City Council pass a motion authorizing staff to advertise for bids for
construction on the lower level at the Fridley Community Center. After receiving and evaluating bids on
the project, staff will return to the City Council with a recommendation on proceeding with a general
contractor. It is my expectation that construction on this project will take place during the summer
months.
If you have any questions, or need additional information, let me know.
JK:sj
JK98-22
5.02
�
.
CRY OF
FRIDLEY
CLAIMS c,�
MAY 4, 1998
CLAIMS
E:��I��'�: � � -
6.01
�
�
ClTY OF
FRIDLEY
T e o License: .
CIGARETTE SALES
Fridley American Legion Post 303
7365 Central Avenue N. E.
Fridley, MN 55432
Kwik Stop `N Shop
315 Osborne Road
Fridley, MN 55432
Sandee's
6490 Central Avenue
Fridley, NIN 55432
FOOD ESTABLISHMENT
Sandee's
6490 Central Avenue
Fridley, MN 55432
Great Lake Chinese Restaurant
7890 University Avenue N.E.
Fridley, MN 55432
GAMBLING ENDORSEMENT
Climb, Inc./Maple Lanes
6310 Highway 65 N.E.
Fridley, MN 55432
OFF-SALE BEER
Kwik Stop `N Shop
315 Osborne Road
Fridley, MN 55432
REFUSE HAULER
� Johnson Sanitation
125 Bunker Lake Boulevazd
Anoka, MN 55304
LICENSES
MAY 4, 1998
�
Madeleine Salfiess
Halim Zerka
Cynthia Braam
Cynthia Braam
Thanh H. Huynh
Harvey Anderson
Halim Zerka
Apvroved By:
Fire Dept.; Police Dept.
Community Develop.;
Building Inspection
Fire Dept.; Police Dept.;
Community Develop.;
Building Inspection
Fire Dept.; Police Dept.,
Community Develop.;
Building Inspection
Fire Dept.; Police Dept.,
Community Develop.;
Building Inspection
Fire Dept.; Police Dept.,
Community Develop.;
Building Inspection
Police Dept.
Fire Dept.
Police Dept.
LeRoy A. Johnson, Jr. Public Works
7.01
Fees:
$ 125.00
60.00
125.00
125.00
65.00
300.00
60.00
90.00
r
�
CRY OF
FRIDLEY
Type oj'License:
TREE REMOVAL & TREATMENT
Bullseye Tree Service
18519 Cleveland Street
Elk River, MN 55330
Rite-Way Tree and Landscaping Co.
22010 Redwood Street N. W.
Coon Rapids, MN 55011
LICENSES
MAY 4, 1998
�
Brian J. Hancock
Tony F. Rosenblat
7.�2
�proved Bv:
Public Works
Public Works
Fees:
40.00
40.00
� . _
�
�
CffY OF
FRIDLEY
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374
ESTIMATES
MAY 4,1998
.�, . �
Central Avenue Bikeway/Walkway
Project No. ST. 1994 - 9
FINAL ESTIMATE : ..................................................................................... $ 2,9�4.80
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
Hackmann Avenue/Hackmann Circle Street
Reconstruction Project No. ST. 1998 - 1
Hackmann Avenue Water Main Repair
Project No. 317
EstimateNo. 2 ........................................................................................... $79,487.77
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of February, 1998 .................................................... $17,287.00
Frederic W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the Month of April, 1998 ...................................................................... $ 4,250.00
�
�
QTY OF
FRIDLEY
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374
ESTIMATES
MAY 4, 1998
Central Avenue Bikeway/Walkway
Project No. ST. 1994 - 9
FINAL ESTIMATE : ..................................................................................... $ 2,994.80
�
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of February, 1998 .................................................... $17,287.00
Frederic W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the Month of April, 1998 ...................................................................... $ 4,250.00
8.01
CITY OF FRIDLEY
MEMORANDUM
. �
T . ��
O WILLIAM W. BURNS, CLTY MANAGER
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR ����
WILLIAM A. CHAMPA, CITY CLERK
SUBJECT: PUBLIC HEARING FOR GREAT LAKE CHINESE RESTAURANT FOR A
BEER LICENSE
DATE: APRIL 30, 1998
On the May 4 City Council agenda is a public hearing to consider the approval of a
beer license for tiie owners of Great Lake Chinese Restaurant, located at 7890
University Avenue Northeast. A Public Hearing Notice is atfached for your review.
Pursuant to Chapter 602 Section .05 of the Fridley City Code, we are required to hold a
public hearing before issuing this license.
The Police Department has performed the required background investigation on Great
Lake Chinese Restaurant and Public Safety Director Sallman has not found any reason
to deny this request.
9.01
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that the Council of the City of Fridley will
hold a public hearing at the City Municipal Center, 6431 University
Avenue Northeast on May 4, 1998 at 7:30 p:m. on the question of
issuing a Beer License to Great Lake Chinese Restaurant for the
property located at 7890 University Avenue.
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 572-3500 no later than April 30,
1998.
Anyone having an interest in this matter should make their interest
known at this public hearing.
William A. Champa
City Clerk
Publish: April 23, 1998
9.02
MEMORANDUM
PLANNING DIVISION
DATE: April 29, 1998
n, ��
TO: William W. Bums, City Manager `'
FROM: Barbara Dacy, Community Development Director
Scott J. Hickok, Planning Coordinator
SUBJECT: Northwest Orthopaedic Surgeons Partnership, LLP
INTRODUCTION
As a follow-up to the comments received at the City Council's April 20 meeting,
the Orthopaedic partners began evaluating altematives to their-reciprocal
agreement with the Moose Lodge.
The partnership has made a determination that instead of the potential
complications and future encumbrances of a parking agreement, they would prefer
to build a second level parking deck on their property. Their plans are to begin
construction within 6 months.
Dr. Crandall has indicated that a short term, off-site parking arrangement will be
required during construction of the parking deck. Dr. Crandall indicated that during
that period, he will hire crossing guards to assure that those who need to park off-
site can cross safely.
The partnership will work through the traffic/crossing logistics with the police, and
the site design issues with our staff and their design peopte. Our staff is pleased
with the partnership's willingness to work through their parking solution on their
own site without imposing on sucrounding properties. A solution should be
attainable without the requested variance.
RECOMMENDATION:
Staff recommends denial of variance VAR #98-06, since the site will not have
adequate parking and a variance will cause parking deficiencies for future uses.
10.01
OPPA Fax�612-786-3320 ,Apr ,2$ '.9$_ 12�09 P.03
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41TE PLAN
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10.02
�
CTTY OF FRIDLEY PROJECT SUMMARY
DESCRIPTION OF REQUEST:
Drs. Crandall, Flake, and Holmberg of Northwestern Orthopaedic Surgeori s Partnership
are requesting a variance to allow the reconstruction of their existing first floor parking
garage as a surgical suite. All but 3 of the 15 interior parking spaces will be eliminated as a
result of the reconstruction. These parking spaces are necessary to meet the Code required
99 spaces for this site. The variance would recognize and allow less than the Code required
number of parking stalls. The partnership has arranged a reciprocal agreement for parking
with the Moose Club across the University Avenue Service Drive.
ANALYSIS:
Code Section 205.13.05.D.7, states that off-street parking shall be provided for all vehicles
concerned with any use on the lot. The petitioners request a 27% reduction in the number
of required on-site parking spaces. A reduction of 27% is the largest reduction of on-site
parking requirements ever requested. If the building's use changes, an on-site parking
problem will result. With the current uses, a parking demand beyond site capacity will
likely occur.
The petitioners have made arrangements for a reciprocal agreement with the Moose Lodge,
west of their site.
HARDSHIP STATEMENT:
We have met zvith the building contractor to look for areas zvhere zve might expand the existing
parking lot, hozvever, because our building is "landlocked" betzveen University Ave, University Serv
Rd, and 83rd Ave NE zv�th pt�b12� right of way issues as zvell as lack of adjoining property, zve zvould
be unable to provide the additional spaces needed on our property to meet the parking requirement
based on gross square feet.
APPEALS COMMISSION RECOMMENDATION:
The Appeals Commission recommended approval of variance request, VAR #98-06, with 4
stipulations (Page 5).
10.03
RECOMMENDED ACTIONS:
Staff recommends denial of variance, VAR #98-06, since the site will not have adequate
parking and a variance will cause parking deficiencies for future uses.
Staff Report
VAR #98-06, 8290 University Avenue
Page 2
PROJECT DETAILS
Petition For: A variance to allow the reconstruction of their existing first floor parking
garage as a surgical suite. All, but 3 of the 15 interior parking spaces will be
eliminated as a result of the reconstruction.
Location
of Property:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Engineering
Issues:
Comprehensive
Planning Issues:
Public Hearing
Comments:
Site Planning
Issues:
Adjacent Sites
8290 University Avenue
Utilities available in right of ways sunounding the site
Via University Avenue Service Drive
Via University Avenue bikeway walkway
Additional hard-surface parking will require new drainage calculations.
The zoning and use of this site is consistent with the Comprehensive Plan.
To be taken
WEST:
SOUTH:
Zoning: C-2, General Business
Zoning: C-3, General Shopping
EAST: Zoning: University Ave/
Spring Lake Park
NORTH: Zoning: C-2, General Business
10.04
Land Use: The Moose Club
Land Use: Bachmari s/Sam s
Land Use: Mixed Commercial
Land Use: Undeveloped land
owned by Northwest
Orthopaedics
Staff Report
VAR #98-06, 8290 University Avenue NE
Page 3
DEVELOPMENT SITE
Request Drs. Crandall, Flake, and Holmberg are requesting a vaziance to allow the
recanstruction of their existing first floor parking garage as a surgical suite. All
but 3 of the 15 interior parking spaces will be eliminated as a result of the
reconstruction. These parking spaces are necessary to meet the Code required
99 spaces for this site. A variance would recognize and allow less than the
Code required number of parking stalls.
Site Description/
History
The Northwestern Orthopedic Surgeon s Partnership, LLP building is located
in the southwest corner of the intersection of University Avenue and 83rd
Avenue NE. The surgeon s partnership has arranged for a reciprocal
agreement for parking with the Moose Club across the University Avenue
Service Drive.
In 1980, The Orthopaedic property was platted as part of Caba Realty First
Addition.
In 1988, 4 variances were granted by the City of Fridley to allow construction of
a parking lot to service a 25,656 s.f. building. The variances allowed a reduction
in the east, west, and north parking setbacks from 20' to 15', 12', and 15'
respectively. The fourth variance was granted to build the building 26' from the
University Avenue property line, rather than the Code required 35'. Later that
year, the building was actually constructed 25' from the property line (1' closer
than the variance allowed).
At that time in 1988, staff's analysis included breaking the building into uses
to allow the parking to better match the uses within the building. As Code
allows, staff separated the clinic space, office space, and garage space. Their
calculations resulted in a final determination that 92 stalls would be required.
Original parking included 69 outdoor parking spaces and 21 indoor parking
spaces. There were also 3 future outdoor pazking stalls identified. This
arrangement met the Code requirements for parking.
Later 6 internal stalls were replaced by storage area for files. No permits were
issued so the parking reduction was not identified.
K�
10.05
Staff Report
VAR #98-06, 8290 University Avenue NE
Page 4
Analysis
Code Section 205.14.05.C(1), requires a parking ratio of 1 parking stall per 150
square feet of building floor area, generally.
Code Section 205.14.05.C(1)(a), requires a parking ratio of 1 parking stall per
250 square feet of building floor area dedicated to office use.
Code Section 205.14.05.C(1)(d), requires a parking ratio of 1 parking stall per
200 square feet of building floor area for speculative floor area.
The Orthopaedic building is three stories tall and the footprint covers 15% of
the site. On top of that footprint, a 3 story office building exists. Each of the 2
lower floors contain 9,432 square feet. The top floor contains 6,792 square feet
total. The building's total square foot dimension is 25,656 square feet.
Staff suggests a speculative formula of 1 parking space per 200 square feet for
this complex due to the nearly 50/50 split between clinic and office uses and
much of the building area being dedicated to halls, restrooms, a common
lunch room, elevator corridors, etc . Applying this ratio after subtracting
incidental space within the building, 99 stalls would be required.
Today, there are 69 parking spaces striped outside and the request for a
variance would eliminate all but 3 of the interior parking spaces. A resulting
total of 72 spaces is contrary to the 78 stalls stated in the petitioner's letter.
The petitioner's survey shows 78 spaces.
The spaces have an indicated stall width of 9'-6", while Code requires 10'-0"
stalls and that 3 stalls are proposed to be added to reach the total of 78 stalls.
At 10' wide, 78 stalls will not be physically possible on this site.
As always, City staff must not only view a building in its current use, but also
consider the future use of the building. If this variance is granted, and the uses
change within the building, (which could happen without notification of the
City because not all businesses require a license prior to operation), a parking
problem could result.
With 99 stalls required for this site after new construction, and 72 stalls
4
10.06
Staff Report
VAR #98-06, 8290 University Avenue NE
Page 5
possible, the variance being requested represents a 27% reduction in the
overall number of stalls required. To off-set the lack of stalls, the petitioner
has arranged for 27 off-site parking spaces for employees at the Moose Club,
West of the subject parcel.
HARDSHIP STATEMENT:
Our practice would be very much interested in building a small operating room suite
in our building for office based out-patient surgery. This would require replacing
several of the parking spaces which are currently housed within our building. The
plans for this development are currently being fabricated and developed.
We would like to respectfully request a variance with respect to the parking
requirement. We request that the parking requirement be based on leasable square feet
rather than gross square feet for our building. If our parking requirements were based
on leasable square footage, even with the build out of an operating room suite, zve
could meet the parking requirement with no need for additional spaces. (leasable sq ft
inc surgical suite 19,400/150 = 78 spaces req. see attached plan showing spaces.)
We have met ivith the building contractor to look for areas zvhere we might expand the
existing parking lot, however, because our building is "landlocked" betzveen
University Ave, University SerU Rd, and 83�d Ave NE zvith public right of zvay issues
as zvell as lack of adjoining property, we zuould be unable to provide the additional
spaces needed on our property to meet the parking requirement based on gross square
feet.
PREVIOUS SIMILAR VARIANCES GRANTED:
In 1989, the City approved a variance for the property at 250 Osborne Road for
a proposed theater and retail complex. That variance represented a 13%
reduction in the number of required parking stalls and required cross-parking
agreements with adjacent property owners. The development did not
proceed.
APPEALS COMMISSION RECOMMENDATION
The Appeals Commission recommended approval of variance request VAR
#98-06, with the following stipulations.
1. That the area dedicated to employee parking at the Moose Lodge be
��
10.07
Staff Report
VAR #98-06, 8290 University Avenue NE
Page 6
identified on a plan for the staff inembers of both the Moose Lodge and
Clinic complexes;
2. The cross-walk for employees be painted on the street surface, of
LJniversity Avenue Service Drive, in accordance with standards of the
Fridley Public Works Department;
3. Installation of a walkway occur between the Moose Lodge and Orthopedic
parking areas (leading to the painted cross-walk on the service drive), prior
to the issuance f a Certificate of Occupancy for the new surgical space.
4. Any future modification of use, the City shall be notified by the building
owners to re-evaluate the parking demands of that new use prior' to
commencement of sale or lease.
Staff recommends that if the Council chooses to concur with the Appeals Coxnxnission, the
document related to #4 be in a recordable form and must be recorded at Anoka County prior to
issuance of the Building Permit.
RECOMMENDED ACTIONS:
Staff recommends denial of variance VAR #98-06 since the variance will cause present or future
owners parking deficiencies for the existing use and the future use. Even with a reciprocal parking
agreement, the 27% reduction would set a new precedent for variances of this type.
6
1 1 :�
Robin C. Crandall, M.D.
Joseph Flake, M.D.
Peter D. Holmberg, M.D.
Randall J. Norgard, M.D.
Paul R. Diekmann, M.D.
8290 University Ave. N.E.
Suite 200
Fridley, MN 55432
bl2 786-954?
February 25, 1998
Community Development Department
City of Fridley
6431 University Ave
Fridley NIN 55432
Dear Council Members:
Charles J. Cooley, M.D.
Jon E. Wallestad, M.D.
Philip H. Haley, M.D.
Mercy Health Care Center
Suite Z00
3960 Coon Rapids Blvd.
Coon Rapids, MN 55433-2597
6i2 �:27-73C0
Northwestern Orthopaedic SurgeQns Pa.rtnership would respectfully like to apply for a
variance on behalf.of Orthopaedic Partners, P.A.
We have practiced orthopaedic surgery here in the community of Fridley for the last 10
years and have been very pleased with our practice. Currently our parking require�ents
are based on gross square footage of the building. We do meet the qualifications for
parking under these criteria. (Crross sq $ 24964)
Our practice would be very much interested in building a small operating room suite in our
building for office based out-patient surgery. This vvould require replacing several of the
parking spaces which are currently housed within our building. The plans for this
development are currently being fabricated and develo�ed.
We would like to respectfully request a variance with respect to the parking requirement.
We request that the parking requirement be based on leasable square feet rather than gr�ss
square feet for our building. If our parking requirements were based on leasable square
footage, even with the build out of an operating room suite, we could meet the parking
requirement with no need for additional spaces. (Leasable sq ft inc surgical suite
19,400/250 = 78 spaces req. See attached plan showing the spaces,)
We have met with the building contractor to look for areas where we might expand the
existing parking lot, however, because our building is "landlocked" between University
Ave, University Serv Rd, and 83`� Ave NE with public right of way issues as well as lack
of adjoining property, we would be unable to provide the additional spaces needed on our
property to meet the parking re4uirement based on grass s4uare feet.
nranrh (7ffi,•s
Shor �O.O(� .rrcer
7
Shoreview, MN 5511b
bi2 48i-IOiI
We have never had any complaints in regard to parking over the period of nearly 10 years.
Generally our lot is 25-50% filled. We do feel that the addition of an operating room suite
in our building would be a major benefit to the patients in the community and surrounding
areas, affording our patients excellence in orthopaedic care. The anticipated flow through
the surgery suite would be low, perhaps 6 patients per day. We do not feel that the
�ranting of the variance requested would create any difficulty with the pa.rking situation.
Sincerely,
��������� i ����� /j�
�Robirt C. Crandall, M.D. ,.'
1 � _
�-,r��,� ��,,�;�_��;; �
Joseph Flake, M.D. V
Pet D.Holmberg, M.D.
L��"���'
10.10
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VAR #98-06 Variance .*.
8290 University Avenue NE _
Fee Owner & Petitioner: Northwestern
Orthopaedic Surgeons Partnership LLP i
Variance: Variance to Allow the Reduction
of Required Paridng Stalls �
I
Zone: C-2, General BL 10.11 �
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DESCRIPTION OF REQUEST:
Mr. Kim Miller is requesting a variance to allow the reduction of the side yard setback from 80 feet to
37 feet. This side yard setback standard is in regards to corner lots that abut a street. If the variance is
approved, the petitioner would be allowed to construct a 30.5 foot by 66 foot building addition and a
12 foot by 24 foot canopy. The proposed building addition is 2,013 square feet in area. The additions
would occur on the west side of the existing Miller Funeral Home structure, located at 6210 Hwy 65.
SUMMARY OF ISSUES:
Section 205:15.03.C.(2b) of the Fridley Zoning Code requires structures to be a minimum of 80 feet
from the public right-of way in the C-3, General Shopping District. The petitioner has indicated that
the building addition will be used as showroom and office. The existing building is currently 37 feet
from the right-of way of West Moore Lake Drive.
STAFF RECOMMENDATION TO THE APPEALS COMMISSION:
Staff recommended that the Appeals Commission approve the variance request with the following
stipulations:
1) The exterior of the building addition shall match that of the existing principal building.
2) The canopy shall not extend further than 10 feet into the drainage utility easement.
3) The design of the canopy must be approved by the Engineering Department.
4) The property owner must enter into a Hold Harmless Agreement with the City in regards to
the structure in the drainage utility easement and the agreement must be recorded with Anoka
County.
5) The canopy shall not be enclosed with garage doors.
6) The petitioner shall grant a 10 foot utility and drainage easement adjacent to the existing
easement as described in VAR #98-04.
APPEALS COMMISSION RECOMMENDATION:
The Appeals Commission voted unanimously to recommend approval of the request to the City Council
with the stipulations recommended by staff.
CITY COUNCIL RECOMMENDATION:
Staff recommends that the City council concur with the Appeals Commission Recommendation.
11.01
Staff Report, VAR #98-09
6210 Highway 65 NE
Page 2
PROJECT DETAILS
Petition For: � variance to allow the reduction of the side yard setback from 80 feet to 37 feet for
a building addition and canopy. This side yard setback standard is in regards to
corner lots that abut a street.
Location
of Property:
Legal Description
of Property:
Lot Size:
Topography:
Existing
Vegetation:
Existing
Zoning/Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
6210 Highway 65 NE
Lots 3& 4, Block 1, Herwal's Second Addition
83,760 square feet; 1.92 acres
Flat
Typical suburban; sod, shrubs, trees
C-3, General Shopping Center; Herwal's Second Addition 1963
Connected
West Moore Lake Drive
Sidewalk along West Moore Lake Drive
Engineering Have requested that the petitioner grant a 10 foot easement adjacent to the existing
Issues: drainage easement to provide access to a sewage pumping station. The placement of
any structure, such as a canopy, in the drainage utility easement would require a
"Hold Harmless Agreement."
Comprehensive
Planning Issues: The zoning and Comprehensive Plan are consistent in this location.
2
11.02
Staff Report, VAR #98-09
6210 Highway 65 NE
Page 3
Public Hearing Their variance request earlier this year received a letter from a resident requesting
Comments: the west wall of the existing garage be finished in an aesthetically pleasing manner.
�10 additional comments have been made.
DEVELOPMENT SITE
� -- •
Kim Miller is requesting a variance be granted to allow for the expansion of the existing Miller Funeral
Home structure at 6210 Highway 65. The variance requested is to reduce the side yard setback from
80 feet to 37 feet. If the variance is approved, the petitioner would be allowed to construct a 30.5 foot by
66 foot building addition and a 12 foot by 24 foot canopy along the west side of the principal building (See
Attachment A1-2). The proposed building addition is 2,013 square feet in azea.
For the variance granted earlier this year, the Engineering Deparhnent had requested that the petitioner
grant a 10 foot easement adjacent to the existing drainage easement. This easement will provide a wider
access to a sewage pumping station.
�. � '1' �► �_ •;1
The subject parcel is located in the northwest corner of the intersection of Highway 65 and West Moore
Lake Drive. Located on the property is a 5,940 square foot mortuary and a 1,664 square foot garage. The
following activities have occurred on the property:
1963 - Variances were granted for building setbacks, parking stalls and driveway locations for a
funeral home.
1967 - Issuance of a building permit for a funeral home
1987 - Variances were granted to reduce the side corner setback to allow conshuction of a building
addition on the west end of the funeral home.
1993 - A variance was granted to reduce the side yard setback to 3 feet to allow a heazse enclosure.
1994 - A variance was granted for the construction of a canopy (as opposed to a hearse enclosure)
in the side yard; a variance was granted to increase the size of a free standing sign.
1996 - A variance from front yard setback approved, a variance from rear yard setback denied;
Additional front and rear yard setback variances were denied.
1998 - A variance from the front yard setback was approved.
The setback variance that was approved this year (VAR #98-04) included two stipulations. The first one
was to increase the width of the existing utility easement. The second was to finish the west face of the
detached garage as approved by staff. Mr. Miller has concurred with these requirements as indicated by
the signed t�ction Take Notice, Attachment B.
11.03
Staff Report, VAR #98-09
6210 Highway 65 NE
Page 4
ADJACENT SITES
NORTH:
EAST:
SOUTH:
WEST:
ANALYSIS
Zoning: C-3, General Shopping Center
Zoning: C-3, General Shopping Center
Zoning: R-3, General Multiple Family
Zoning: R-1, Single Family
Land Use: Office; multi-tenant
Land Use: Retail; multi-tenant
Land Use: Church
Land Use: Residential
Section 205.15.03.C.(2b) of the Fridley Zoning Code requires structures to be a minimum of 80 feet from
the public right-of way. Public purpose served by this requirement is to provide adequate open space
around commercial structures for aesthetics and to maintain a higher degree of traffic visibility.
Side Yard Right-of-Way Setback Variance
The variance request to reduce the side yard setback from 80 feet to 37 feet will allow the construction of a
30.5 foot by 66 foot building addition and a 12 foot by 24 foot canopy. This side yard setback standard is in
regards to corner lots that abut a street. The proposed building addition is 2,013 square feet in area and will
extend to the west from the existing building. The proposed canopy will extend 12 feet to the west of the
proposed building and will be 59 feet from the right-of-way of West Moore Lake Road.
The proposed structure will increase the size of the building to 7,953 square feet. The square footage of the
principal and accessory buildings will equal 9,816.49 sq. ft. and the lot coverage by the buildings will be
11.72%. The maximum allowed by a one story building and accessory building is 40%.
The site currently has 83 parking spaces. The existing building requires 52 parking spaces. The 2,013 sq.
ft. addition will be used for a casket showroom and arrangement office, part office and part retail sales.
Using the general standard of one parking space per 150 sq. ft. of floor area, 14 additional parking spaces
would be required for a total of 66 spaces. Using the speculative ratio of one space per 200 sq. ft. of floor
area, an additional 11 spaces would be required for a total of 63 s�aces. The speculative ratio seems more
appropriate, because of the mixed use nature of the addition. In either case, the site will meet the City's
requirements regarding parking spaces. The Miller Funeral Home also has a reciprocal parking
agreement with St. Phillips Lutheran Church to the south.
The majority of the proposed canopy will be in the existing utility and drainage easement. In discussing
this situation with the Engineering Department, they indicated that a"Hold Hannless Agreement" for the
4
11.04
Staff Report, VAR #98-09
6210 Highway 65 NE
Page 5
canopy in the easement would be required. Since structures aze not normally allowed in easements, the
plan for the canopy structure should be reviewed and approved by the Engineering Department before it is
constructed. Scott Lexvold of Miller Funeral Home indicated at the public hearing that the canopy will be
attached to the new addition. Pillars to support the canopy will not be necessary.
The request has minimal adverse impacts on adjacent properties, because the proposed addition will have a
similar right-of-way setback as the existing building and will not increase drainage from the parcel, because
the proposed site is akeady covered by asphalt. This request is similar to requests previously granted for
the property, as well as adjacent properties in the vicinity.
� �_ • u�� __ �I� :_ • ► • .1 ._• • : • �lu� • �I
Staff recommends that the Appeals Commission approve the variance request with the following
stipulations:
1) The exterior of the building addition shall match that of the existing principal building.
2) The canopy shall not extend further than 10 feet into the drainage utility easement.
3) The design of the canopy must be approved by the Engineering Department.
4) The property owner must enter into a Hold Harmless Agreement with the City in regards to the
structure in the drainage utility easement and the agreement must be recorded with Anoka Co.
5) The canopy shall not be enclosed with garage doors.
6) The petitioner shall grant a 10 foot utility and drainage easement adjacent to the existing
easement as described in VAR #98-04.
APpEAT S COMMISSION RFCONIMENDATION
The Appeals Commission voted unanimously to recommend approval of the request to the City Council
with the stipulations recommended by staff.
STAFF RECONIMENDATION TO THE CITY CO JN IL
Staff recommends that the City Council concur with the Appeals Commission recommendation.
11.05
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C1TY OF
FRI DLEY
FRIDLEY MUNICIP.�L CENTER • 6431 LNNERSITY AVE. IV.E. FRIDLEY, LIN 5�432 •(612) 57 t-3�150 • FAX (61?) 571-1287
: CITY COUNCIL
ACTION TAKEN NOTICE
Kim J. Miller
Miller Funerai Home
6210 Highway 65
Fridley, MN 55432
Dear Mr. Miller:
Aprii 8, 1998
On April 6, 1998, the Fridley City Council officially approved your request for a variance, VAR
#98-04, to reduce the front yard setback from 80 feet to 37 feet to allow the enclosure of a 6 foot
by 34 foot alcove along the south face of the building on Lots 3-4, Block 1, Herwal 2"� Addition,
generally located at 6210 Highway 65, with the following stipulations: -
1. The petitioner grant a 10 foot easement adjacent to the existing drainage easement to
provide access to a sewage pumping station.
2. The petitioner work with staff to provide an app�oved building finish on the west face of the
garage prior to the issuance of a building permit.
You have one year from the date of the City Council action to initiate construction. If you
cannot begin construction during this time, you must submit a letter requesting an extension at
least three weeks prior to the expiration date.
If you have any questions regarding the above action, please call me at 572-3599.
��.�
Please review the above action, sign below, and return the original to the City of Fridley
Planning Department by April 20, 1998.
_ ,,, )
Concur with ion taken.
11.08 B
�
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR: .
Residentiai �Commercial/Industrial Sictns
rttt»�RTY INFORMATtON: - site pian required for submittal, see attached
Address: _ G2I o �IwJ �s- N� �
Property Identification Number. k�3 3 o z�l 3 3 ��y6
Legal Description: Lot 3+�k Block 1 Tract/Addition ;l�wk� ZN° �oe',v
Current Zoning: C3 Square footage/acreage: 53.7� S4 Fr .ti - l. 9z ,4c�L
Reason for Variance: To a«o�� ,� g,,, �.� „v� EX tAN S/vN �
Have you operated a business in a city which required a business� license?
Yes X No If Yes, which city? C��. �tr,� �/�;�c� �,c�G�lto�
If Yes, wh2t type of business? F✓N�Lq(� o,�,��
Was that license ever denied or revoked? Yes No x
�r�V A�A���I�b^11r�Y1r�V �►r^I��I�rV^11�MV�r1r/�I�rV�V�IA1^I�IAI��A/i►It^I��r1r11t�V^IAI�V�r�V �I�V�IVII�IV�IA/AIAI�Yr�II�rAI1VA�A�/�I^I�r
FEE OWNER INFORMATION (as it appears on the property title)
(Contract purchasers: Fee owners must sign this f r pri r to processing)
NAME: r _J /�i � �� � �!� :� -
ADDRESS: � � o Nw � s�/� F2, DG� sr�3 2-
DAYTIME PHONE: ��rt1 s�� - i 30� SIGNATURE/I�' E:
�rti/�r1r�r�r�rAr^rAr�V�V �r�rwrAr^rV �V�r�M^r�V�V�VNVArAr�V�V�V 1r/�rti�r�V 1V �V1►rAr�V^r�r�V ArwNVh^r�V�V�W V V V�V1rti�V�V�V�V�V �VArM
PETITIONER INFORMATION .
NAME: �� �t J _ •�l � c� �iL
ADDRESS: _ -loz� � f,lh,� �s
��
�az_ 1 3/�la�
3 2r
DAYTIME PHONE: s� +-+� � o SIGNATURE/DATE:
������....�.....�...,.�.�������.�.�.���������.,..,.�_���......�����......����������..,�.��������
Section of City Code: �- °s , ' �',-�
FEES
Fee: $100.00 for commercial, industrial, or signs: ���°
Fee: $60.00 for residential pro ert�s: Receipt #: �,,,� Received By:
Application Number: � "�
Scheduled Appeals Commission Date: 7 Z Z
Scheduled City Council Date: s -
10 Day Application Complete Notification Date: �
60 Day Date: _ S/z�
11.09
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MILLER FUNERAL HOME
� � ��
62ro cN.� dityl�ay bs
�S�lsy, d4tr,�,6+� ss4�s2
�6�s� 17r-igoo
Apri16, 1998
To: City af Fridley
� Attn.: Scott Hickock
Re: Stater.nent of Hardship
Rewerence Variance Request for Extension of Westem Side of Buildin� :: �:•_ �� H��y 65
Dear Scott:
As per .your request late Friday last, I am providing you with a Statement ot E f�r:i�hip in conjunction
with the v�riance request I recendy turned in to the City of Fridley. A.s an a,�ide, wlzy ��►�as this
information removed from the application page?
$tatement of Hardship
In an attempt to remain competitive in the funeral indusuy, maini:iiu ci�� �.��.�e ur
im��rove the quality of service that we can pro�ide and that membezs of u�.r evrnmunity
ha�•e come to expect from MiIler Funeral Home, and also in an attempi ;v l.��r up with
curreat trends in funeral rituals, we are attempting to maximize the usabl�� are� in our
Ch,3peWisitation room. Once this is accomplished, all available space fvr a cuskzt
shawroom will be otherwise utilized. This variance request would allow� ;ur ., .;�,ket
shawroom and arrangcmcnt officc to bc placcd at one cnd of the exisan� huii�iin�;
avaiding possible disruption w services then occurring in the Chapel�'V isitatic�n area. The
variunce is required because of the eurrent setbacks for a C-3 zoncd prup.:rty ��d wuuld
be ��nly for the extension of the southern wall of the building. All other r�trnsi ons of the
exi.�ting building would be in eompliance with current zoning codes. Thua it would be
timited in scope and as minimal as possibte.
Thank you for your attention and cooperation in tkus matter. Should you reyu�: �;u�•ther informatian,
please feel free to contect me at the above telephone number or address.
Si cerely,
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Scott M. Lexvold
Business l�ianager
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11.10
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CITY OF FRIDLEY
APPEALS COMMISSION MEETING, APRIL 22, 1998
ROLL CALL:
Acting Chairpersoh Vos called the April 22, 1998, Appeals Commission meeting to order
at 7:30 p.m.
ROLL CALL:
Members Present: Ken Vos, Terrie Mau, Blaine Jones
Members Absent: Larry Kuechle, Carol Beaulieu
Others Present: Scott Hickok, Planning Coordinator
Paul Tatting, Planning Assistant
Don Ramsey, All-Temp Distribution Company
Jon Hormann, All-Temp Distribution Company
Scott Lexvold, Miller Funeral Home
APPROVAL OF APRIL 8 1998 APPEAL-S COMMISSION MINUTES: -
MOTION by Ms. Mau, seconded by Mr. Jones, to approve the April 8, 1998, Appeals
Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS DECLARED
THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING• CONSIDERATION OF VARIANCE REQUEST. VAR #98-09.
BY MILLER FUNERAL HOME:
Per Section 205.13.03.C.(2).(b) of the Fridley Zoning Code, to reduce the right-of-
way setback of a comer lot from 80 feet to 27 feet for a length of 30.5 feet to allow
a building addition on the west side of the existing structure on Lots 3 and 4, Block
1, Herwal 2nd Addition, generally located at 6210 Highway 65.
M TI N by Ms. Mau, seconded by Mr. Jones, to waive the reading of the public hearing
notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M.
Mr. Tatting stated the request is to reduce the side yard setback from the right-of-way on
a corner lot from 80 feet to 27 feet to allow an expansion of the principle building by Miller
Funeral Home at 6210 Highway 65. The code requires structures to be setback a
minimum of 80 feet from the right-of-way in the C-3 district. The property is zoned C-3,
General Shopping District. Zoning to the north is C-3, General Shoppmg District; to the
east, C-3; to the south is R-3, General Multiple Units; and to the west is R-1, Single
Family Dwelling.
Mr. Tatting stated the request is to reduce the side yard setback from 80 feet to 37 feet.
11.11
APPEALS COMMISSION MEETING, APRIL 22, 1998 PAGE 2
Approval of the request would allow the construction of a 30.5 foot x 66 foot addition and
a 12 foot x 24 foot canopy to the west of the existing building. The addition would extend
the setback of the existing building. The canopy is also a part of the request. Canopies
also have setback requirements.
Mr. Tatting stated�he proposed addition is 2,013 square feet. The new building would be
almost 8,000 square feet in size. An existing garage is 1,064 square feet. With the new
addition, the total lot coverage is 11.7%. The maximum lot coverage allowed is 40%.
Mr. Tatting stated the site currently has 83 parking spaces. The existing building requires
52 spaces. With the addition of 2,000 square feet and using the speculative ratio of
1:200, the code would require an additional 11 spaces or a total of 63. Even using the
more restrictive ratio of 1:150 would result in 66 spaces. The site meets the parking
requirements and also has a reciprocal parking agreement with St. Phillips Church to the
south.
Mr. Tatting stated much of the canopy will be in the utility and drainage easement. Staff
is concemed about this because there may be a need to get vehicles in and out of this
area. Staff is recommending a hold harmless agreement for this canopy to exist in the
easement. The engineering department shall review and approve the plans for the
canopy structure. The petitioner will grant a 10 foot easement adjac�nt to the west of the
existing easement.
Mr. Tatting stated the request has minimal adverse impacts. The properties to the east
and west would not see much of a change. The properties to the north and south would
see the additional 30 feet. The actual setback from Moore Lake Drive would be the same
as the existing building; therefore, the site lines would not change much. The drainage to
the site would not change as it is all the same impervious surface.
Mr. Tatting stated staff recommends approval of the request with the following
stipulations:
The exterior of the building addition shall match that of the existing principle
building.
2. The canopy shall not extend further than 10 feet into the drainage utility easement.
3. The design of the canopy must be approved by the Engineering Department.
4. The property owner must enter into a Hold Harmless Agreement with the City in
regards to the structure in the drainage and utility easement and the agreement
must be recorded with Anoka County.
5. The canopy shall not be enclosed with garage doors.
6. The petitioner shall grant a 10-foot utility and drainage easement adjacent to the
existing easement as described in VAR #98-04.
Ms. Mau stated she understands they are exceeding the number of required parking
spaces.
11.12
APPEALS COMMISSION MEETING, APRIL 22, 1998 PAGE 3
Mr. Tatting stated that was correct.
Ms. Mau stated the canopy on the plans does not appear to extend more than 10 feet into
the easement.
Mr. Tatting stated fhis was correct. The canopy is within the 10-foot mark.
Mr. Jones asked if this expansion goes beyond the existing canopy.
Mr. Tatting stated yes. Miller Funeral Home will remove the current canopy, construct an
addition, and build a new canopy.
Dr. Vos asked if the drainage and utility easement would now be 30 feet wide rather than
the original 20 feet.
Mr. Tatting stated yes.
Mr. Lexvold stated he is an employee of Miller Funeral Home. The extension of the
building would square off the area in which the current canopy exists. That area will
become part of the main building. The proposed canopy would look like the canopy at St.
Phillips Church across the street. It will be more� of an overhang. It is just for a drop-off
for people so they don't get wet. There should not be a problem with access to the
easement. He thought the canopy extended 12 feet from the building. He understood
the reason for wanting an easement is if there is in the future a building to the west the
City can still get into that area for maintenance. From what he is hearing, he does not
perceive any difficulties.
Dr. Vos asked if there was a problem with entering into a hold harmless agreement with
the City.
Mr. Lexvold stated he assumed that, if the city needed to dig and they would damage
their property, the business could not hold them responsible or sue for damages. He did
not perceive a problem with that. He realizes the canopy extends into the easement.
They are trying to do that with as little interference as possible. The idea is to provide a
sheltered area at the front doors.
MOTION by Mr. Jones, seconded by Ms. Mau, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M.
Mr. Mau stated they are below the usable property amount with the addition. They have
adequate parking spaces. As long as the canopy is not a problem and the easement is
not a problem, she sees no issues.
Mr. Jones agreed. In addition, he thought the easement they have is wide enough for
general purposes. The only issue that comes into conflict is for digging near the area of
the canopy. With a hold harmless agreement, he sees no problem.
Dr. Vos stated he has no problem with the request. This is an existing building and they
11.13
APPEALS COMMISSION MEETING, APRIL 22, 1998 PAGE 4
are just extending from what is existing without encroaching any more in the side yard.
He would approve with the stipulations as recommended by staff.
MOTION by Mr. Jones, seconded by Ms. Mau, to recommend approval of Variance
Request, VAR #98-09, by Miller Funeral Home, to reduce the right-of-way setback of a
corner lot from 80' feet to 27 feet for a length of 30.5 feet to allow a building addition on
the west side of the existing structure on Lots 3 and 4, Block 1, Herwal 2nd Addition,
generally located at 6210 Highway 65, with the following stipulations:
1.
�
3.
The exterior of the building addition shall match that of the existing principle
building.
The canopy shall not extend further than 10 feet into the drainage utility easement.
The design of the canopy must be approved by the Engineering Department.
4. The property owner must enter into a Hold Harmless Agreement with the City in
regards to the structure in the drainage and utility easement and the agreement
must be recorded with Anoka County.
5.
0
The canopy shall not be enclosed with garage doors.
The petitioner shall grant a 10-foot utility and drainage easement adjacent to the
existing easement as described in VAR #98-04.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Mr. Tatting stated the City Council
�
Id review this request on May 4.
o r - i �roir v�.� i r� � i i� �v�rrv� �.
Per Section 205.05.06.D and S tion 110.02.01 of the Fridley Zoning Code, to
allow a parking/driveway surface t remain unpaved;
Per Section 205.18.05.D.(3) of th�Fridley Zoning Code, to allow the parking
surface to remain unpaved;
Per Section 205.18.06.A.(2).(c) of the\Fridley Zoning Code, to allow no additional
landscaping;
Per Section 205.18.06.G.(2) of the F ley Zoning Code, to allow unscreened
loading docks adjacent to the public ht-of-way on Lots 1 and 2, Auditor's
Subdivision No. 78, generally located at 00 Main Street.
M TI N by Mr. Jones, seconded by Ms. Mau, to
notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, ACTI
THE MOTION CARRIED AND THE PUBLIC HEA
11.14
the reading of the public hearing
CHAIRPERSON VOS DECLARED
G OPEN AT 7:48 P.M.
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Zorin9 Desig�aliors:
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� R-3 - General Mltiple Urrls
� 1�4 - Mobile Hort�e Parks
� PUD - Plamed Uiit De�eloprnent
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GR7 - Gaieral O��
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� WF3 - outci�oar �ntensive F�eavy �nci.
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84 A1�E NE
Nliller �neral Home
P�1t1d�1�1': K1IY1 �I�Y'
Variance Request VAR #98-09
(Setback from R-of-V�
Zoning: G3, General Shop.
6210 Highway 65 �
11.15
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f FRIDLEY CITY COUNCIL MEETING OF
cmr oF MAY 4, 1998
FRIDLEY
INFORMAL STATUS REPORTS
12.01