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08/13/1979 - 564023� PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL, AU6UST 13, 1979 CALL TO ORDER: Mayor Nee called the public hearing meeting of the Fridley City Council to order at 7:30 P.M. ' ROU_ CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilwoman Moses, Councilman Schneider, and Counr.ilman fitzpatrick MEMBERS ABSENT: None � ADOPTION OF AGENDA: � • MOTION by Councilman Schneider to adopt the agenda. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: REZONING REQUEST, ZOA #79-05, BY R. C. WITT CONSTRUCTION: MOTION by Councilman Fitzpatrick to waive reading of the public hearing and open the hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:35 P.M. Mr. Sobiech stated that this was a request for rezoning at 6330 and 6370 Central Avenue, Lots 2 and 3, Block�l of Herwal Rice Creek Terrace. The request is to rezone from the existing M-1 to CR-1 which is general office and limited business to allow construction of an office building. The Planning Commission had a publ.ic hearing on July il, 1979, and recormended to Council approval of the rezoning request with a couple stipul.ations. The first stipulation is that the drainage plan be approved, secondly that adequate screening be provided between this property and adjoining residential to the west and that a landscaping plan be submitted for approval. The drainage plan would have to be approved by the Rice Creek Watershed. There are representatives from the request here to answer questions. Gouncilman Schneider stated that the question of whether the property had been rezoned before had come up at the Planning Corronission public hearing. He asked if it had previously been rezoned. Mr. Sobiech stated that this was from the original zoning back in 1956. Mayor Nee asked what the chances were that the drainage problem could be resolved? Mr. Sobiech stated that it was pretty good because there is an existing drainage swale which he felt sure Rice Creek Watershed District would want to maintain, and then incorporate with some additional ponding on the site to ensure that litter and debris don't get into Moore Lake, and also to ensure that the runoff rate is not increased with development. Tl�is would protect not only the Moore Lake area but also the residence to•the west. One of the basic rules that the Rice Creek Watershed is following is to ensure that the runoff rate with development does not increase over what is existing prior to development. • Mayor Nee stated that then it was a matter of catching it before it reached the duplexes. He asked if Mr. Sobiech was convinced that could be done and if the ditch was presently working? Mr. Sobiech stated that the ditch was working to the extent that it handled a certain degree of storm. In the proposed plan, there are certain areas that are already available for ponding together with the ditch itself and the parking area and certain roof areas. Ne was certain they would require on-site ponding. , , __ _ _. __.__ ___ . � ._ __ _ _ _ . _ - _ _ .,_.. . G�:i PtiBLIC HEARING MEETING OF AUGUST 13, 1979 PW&� 2 Co�ncilman Schneider asked how deep the ponding area would be? Mr. Sobiech stated that after a rain it shouldn't stay for more than a cauple of hours. He stated that hopefully it would not be any deeper than one foot. They would maintain a minimal depth with the usage of six inct��s across the who]e parking 7ot. Mtr. Qureshi asked if this was the property between Zebart and Midwest Vara. Mr. Sobiech stated that was correct. �♦ Mr. Qureshi asked if it would be a single story office building? The petitioner, Mr. R. C. Witt, stated that i t woul d be a story and a hal f. Councilman Schneider asked Mr. Witt if he had conducted the necessary so�7 samples. Mr. Witt stated that he was waiting until he was sure the rezoning wouicld�e approved. Mr. Qureshi stated that if it has a high water table he did not think i#a�y �rnuld.be able to put too much into the ground. Mtr. Witt stated that there would just be a frost footing in the ground and the rest would be built on piles. IRr. Qureshi stated that if the water table was only 2 feet they might hav� a prroblem. Mr. Witt stated he would have to check that out. Mr. Sobiech stated that based on the scheduTing of construction for the rest of the season, they had put the first reading up for �onsideration this evening also. � Cauncilman Schneider asked Mr. Sobiech to review what would be perm9ss9bi� in a CR-1 zone. ; � Ftr. Sobiech stated that a CR-1 would allow general office and limited business ; such as real estate, lawyers, medical, etc. Mainly small offices. Limited } retail such as optical shops and laboratories. A retail such as a 7-11 wan3d ? not be allowed. Mtr. Qureshi stated that he was concerned about the soil conditions and w�th the high water table they cannot fi71 it. He s tated that the Counci7 was aware of the problem they had with the four-plexes on Pierce Street. He would encourage the proposed builder to investigate tfiose types of things and come up with a drainage and development plan that would be consistent with the neighborhood and a)so provide draina�;e protection for the adjoining properties. He would like them to keep a lot of open area rather than allowing them to 6uild with the maximum building area. Counci]man Schneider asked if we were better off with a CR-1 zone or an M-1 zone. Mr. Qureshi stated that we have a lot of cominercial property open now that is available for development. M-1 is much more limited. We have a lot of M-2. . Councilman Schneider stated that he was concerned about the impact on the residences and felt that the water table problem would be the same problem regardless of wether it is commercial or industrial. The builder may have a problem but he felt this was an opportunity to get the zonin9 in line with something that would be more amenable to the neighbors to the rear. Mayor Nee agreed that the CR-1 would be better. Cauncilwoman Moses asked if Mr. Qureshi was suggesting that before the final approval the builder would get a soil test and work out a drainage plan? Mr. Qureshi stated tt�at he was suggestin'g they go ahead rrith the first reading but before the second reading, after the builder realized whether or not the Council was amenable to the rezoning, it would be encumbunt upon the bui7der to really check these things out. 234 PUBLIC HEARING MEETING OF AUGUST 13, 1979 PAGE 3 Mr. Sobiech stated that the problem with the drainage plan was that�it had to go before the Rice Creek Watershed District. Ne asked Mr. Witt if they had gone before the Rice Creek Watershed District yet? Mr. Witt stated that they had not yet. There was no way of pushing those peopie. Mayor Nee asked what the proposal was that they had given to the Rice Creek Watershed District? Mr. Witt stated that he was not sure, that his engineer was handling that. Mr. Sobiech stated that before the builder spent too much money on drainage plans, he wanted a feeling for the rezoning. Mr. Witt stated that a topographical survey and submitting the plan to the Rice Creek Watershed cost him about $2,000.00. He did not want to do a topo until he knew it would be rezoned. Councilman Schneider asked if that had actual bearing on the rezoning which is the question we are addressing here? Mr. Herrick stated that he didn't think so, but it would be considerate of the Council to point out that they may have some problems on it.' Mr. Herrick stated that he would like to comment on the Mayor's question about the Watershed. He suspected that the Watershed District had some pretty typical requirements for this kind of development and it may not be so much what the builder proposes as to what the District says what must be done if they are going to construct this kind of building there. It is a matter of them being able to meet certain criteria, the most important one would be that no more water leave the property after it is developed than is leaving in its present state. That would obviously call for some on-site storaqe. What the District will probably require is that the developer devise the means to meet that test and then they will examine it and if it is satisfactory they will give their approval. He didn't think the fact of it's being industrial or commercial would make a great deal of difference. They would still need the same criteria. Mayor Nee stated that a lessor amount would be covered with the corrrnercial. Mr. Herrick agreed. Councilman Fitzpatrick stated that the owner was petitioni;�g for rezoning and it seemed to him that their action was to decide whether the change in zoning was beneficial to the City and to the area. It seemed to him that it was. In the final analysis that was the only thing they were acting on. Mr. Jerry Wraneschetz, 6355 Pierce Street NE., came forward and stated that his home was located just in back of the proposed office building. Ne realized that sooner or later something would be built there but would like to bring to their atteni:ion the bad water table level in this area and the concerns of himself and his neighbors that if this is not handled very carefully, their yards would be under water whenever there is any heavy rain. Nnother concern was that there were quite a few children in the neighborhood and they wanted to make sure that if the ponding area was deep it should be fenced in or.something to keep the kids out. He stated that because the water table was so high, if they went down three or four feet to build the ponding area, it would jsut fill up with water anyway. He felt there was a lot to be concerned about. Mayor Nee explained that the City would require a certa�n amount of roof storage and that roof water would be metered off and also the City would require a certain amount of storage in the parking lot which would also be metered out. He felt that rather than a pond it would be nore of a marsh. Hopefully there would be enough space below his property to catch it and hold it. Mr. Wraneschetz stated that he realized that the developer had to made it econo- mically feasible but they would like the developer to build some kind of buffer or screening between the property to the west and the proposed office building. They would like a tall fence to make it more attractive and to screen,;out the noise because when the leaves fall off the trees they would be looking at a building. • i i � i ' . ?35 PUBLIC HEARING MEETING OF AUGUST 13, 1979 PAGE 4 0 Mayor Nee asked of they would prefer the corrmercial zoning or the industrial zoning. Mr. Wraneschetz stated that he would be more in favor of an office than a plant. But he did want it done carefully. Councilman 5chneider asked what the setback from Mr. Wraneschetz's property would be•if it were zoned industrial? Mr. Sobiech stated that it would be 100 feet but that could be parking lot. �,; M07ION by Councilman Barnette to close the public hearing. Seconded by Councilman � Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the public hearing closed at 7:55 P.M. Councilman Schneider asked why the proposed building was set so far to the wes t? � . Mr, Witt stated that was to make room for �the ponding area. Mr. Sobiech stated that it was mentioned in the Planning Commission minutes that it would be.better to have the parking lot further away from the residence.: Councilman Schneider asked if the rezoning were approved and the building permit issued, what steps would be taken to ensure that the drainage plan that Rice Creek approves is followed? Mr. Sobiech stated that no building permit would be issued without approval of Rice Creek Watershed District. Councilman Schneider stated that he was concerned about during the actual construction phase. Mr. Sobiech stated that the Building Inspectors and Engineers of the City would be out on the site and also the residents could keep an eye on it. � � � � ; Councilman Schneider stated that this was a more sensitive area and he felt the � grade elevations should be double checked prior to the footings yoing in, etc. Mr. Sobiech stated that in this case they could stipulate that with the rezoning. Mayor Nee asked if this could drain to the street rather than the back? Mr. Sobiech stated that might be difficult because it is a little low and the water would come back around into this same ditch anyway. OLD BUSINESS: OF AN ORDINANCE TO AMEND CITY Mr. Sobiech stated that the lst reading of the ordinance was approved last week contingent upon the agreement in the agenda. A meeting was held this past week and attended by the petitioner, the neighbors and a member of Council. A consensus was reached and an amendment to the agreement was distributed to Council this evening. Councilwoman Moses stated that she attended the meeting. The neighbors in attendance were Mr. Jorgenson, representing his tenants, and Mrs. Mathisen. The major concern was that if Mr. Donut was allowed to operate on a 24 hour ' basis> Super America might do the same. Therefore they wanted to make sure that Super America hao no recourse to change their hours to a 24 hour operation. If that was the case, it was more agreeable to Mrs. Mathisen, but Mr. Jorgenson wantetl to talk to his tenants about it. She stated that in talking to some of Mr. Jorgenson's tenants this evening, another concern surfaced. Apparent1y, there is a problem with vandalism in that neigliborhood in addition to the traffic problem from the theater and the residents are concerned that any business that � operates on a 24 hours basis will attract more people into the neighborhood and cause additional prablems. ��c PUBLIC HEARING MEETING OF AUGUST 13, 1979 _ PAGE 5 One of the neighbors, Carl Paulson, came forward and stated that the agreement was that the operation of a business �n that building would be limited to 11:00 P.M. He stated that there would be considerable opposition by the people if they are allowed to operate on a 24 hour basis. ' Councilwoman Moses stated that she did not feel that a Mr. Donut would attract the kind of peopie who wouid cause problems, but it was difficuit to cortvirtce the people in the neighborhood of that. Ms. Mathisen stated that she was concerned about an increase in the vandalism problem if they were allowed to be open all night. She felt that all the people who signed the peition signed it for a reason. Councilman Barnette suggested a compromise of an approval now with a reivew in one year. At that time, if there are problems, they could rescind those hours and go back to the 11:00 P.M. closing. Mr. Herrick.stated they didn't require licensing for a donut shop as such. His problems was that as long as this property is zoned commercial, if we permit 24 hour operation on one, he would have a difficult time permitting it at one location and not permitting it at another. Conceivably, the City might a�nd the zoning code to require a Special Use Permit if a commercial or industrial facility were to operate 24 hours a day. That would give some flexibility. As of right now, however, we don't have that. On the basis of the present ordinances, he did not see how they could allow a 24 hour operation across the street, for example, the Country Kitchen was at one time a 24 hour operation, and not on these lots. Also, further down on University the pancake operations are open 24 hours a day. The zoning there is similar to these three lots. He felt that since it was presently zoned commercial, and they want an establishment that meets all the requirements of the code, and they want a 24 hour operation, and we are permitting oiher pTaces to do it, . they could go to court and court would order us to do it. Councilwoman Moses referred to Super Ar.ierica and asked�if they could be open 24 hours if they wanted. �Mr. Nerrick stated that Super America was different because they came to the City asking for certain concessions and in return for those concessions, they agreed to limit their operation hours. Councilwoman Moses asked if we could then control the 24 hours because of the variances needed? Mr. Herrick stated that the variances did not have to be granted unless a hardship was shown. They would have to look at what could be constructed there without variances. If economical use of the lots can be made without variances, then the Council is not required to grant the variances. Councilwoman Moses asked if the current building met all the necessary setbacks? � Mr. Sobiech stated that it did not. It is unique property because it is surrounded by three right of ways which indicate certain setback requirements right off. He was not sure if Rapid Oil met the setbacks or not. It was a small building. , Mr. Herrick stated they would have to take the three lots and sketch out what would be buildable without the variances. Councilwoman Moses referred to Councilman Barnette's proposal and stated � that she thought they should reverse it and start with the 11:00 closing and at a later time consider the 24 hour operation. Mr. Herrick stated that if variances were required, the City could couple them with certain requirements that could•be upheld if there were valid reasons stated. Councilwoman Moses asked if they would then have to tie the hours with approval of the variances? 0 237 y PUBLIC HEARING MEETIN6 OF AUGUST 13, 1979 PAGE 6 Mr. Herrick stated that would be one alternative. Mr. Langseth, the petitioner, came forward and stated that they did accomplish something at that meeting. He also stated that they did not wish to be restricted either. He stated that much time had been consumed in finding the best use for the property. He felt they had certain rights as the zoning ordinance stands. However, they would like to cooperate. He stated that their position on the � 24 hours operation was that they did not wish restrictions upon the development they're putting on the property, not only from an economic standpoint but from the tenants standpoint. He did not feel they were here to bargain. They were attempting to give the City a good building on a unique piece of property and much time has been spent in trying to develop is as best as possible. �-"J Ma r e yo N e asked Mr. Langseth if they had inquired of Mr. Donut what their reaction would be not being open for business between the hours of 11:00 P.M. and 7:00 A.M.? Mr. Langseth stated that he had and Mr. Donut would not be interested in negotiating that type of agreement. . Mayor Nee stated that it appeared that the problem was that the petitioner would not agree to a contract to limit the time and also there was a problem of perception of threat in the neighborhood. He informed the petitioner that if a vote was called and it were denied, �he petitioner could do nothing with it for six months. The alternative was to table the item, which would give the petitioner could do nothing with it for six rranths. The alternative was to table the item, which would give the petitioner time to review the situation. Mr. Langseth stated that they were requesting variances in the petition, not necessarily predicated upon the 24 hour petition. Mayor Nee stated that tt�is discussion was in regards to the rezoning and the question of variances was later in the agenda. _ Mr. Langseth asked if the petition to rezone_included the question of a 24 hour operation. `` Mr. Sobiech informed the petitioner that once a rezoning issue is brought up, there is a desire to know why the rezoning �s requested and there may or may not be consensus to allow the rezoning based on that knowledge. Mr. Langseth stated that he would prefer to see the item tabled rather than killed. This would give him time to seek legal council and also, he would like to hold another meeting in order to reach another agreement with the neighbors. Mr. Jorgenson stated that the peuple in his building were concerned about the 24 hour operation and they would have no objection to the building if it were limited to closing at 11:00 P.M. MOTION by Councilwoman Moses to table the request for rezoning. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee informed the petitioner that the City would join with him in sponsoring a meeting. ORDINANCE #697 DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE EXCESS REGIS LAND RIGHT-OF-WAY : MOTION by Councilman Schneider to waive the 2nd reading adopting Ordinance #697, declaring surplus property and authorizing surplus property and authorizing sale (excess Regis Lane Right-of-way) and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 0 . � - � � ��s PUBLIC HEARIN6 MEETING OF AUGUST 13, 1979 PAGE 7 CONSIDERATION OF 1ST READING OF AN ORDINANCE TO AMEND CITY CODE OF THE CITY OF FRIDLEY REZOPdING ZOA #79-05, BY R. C. WITT CONSTRUCTION 6330 AND 6370 CENTRAL AVENUE : Councilman Schneider stated that he would like to attach stipulations to • tne rezoning ordinance per the Planning Commission recommendations. Mr. Herrick stated it would.be better to attach the stipulations to the building permit. MOTION by Councilman Schneider to approve the lst Reading of Rezoning ZOA #79-05, at 6330 and 6370 Central Avenue. Seconded by Councilman Barnette. Councilman Schneider stated that for the record he would like to indicate that with the rezoning that Staff would ensure that an adequate drainage plan is approved by the Rice Creek Watershed District and the City Staff, and that the developer be required to provide adequate screening between his property and the adjoining residential area either by fencing or landscaping, and also that the Staff and Inspection Department be aware of the extreme sensitivity of the area and make sure that extraordinary inspections take place during the construc- tion phase. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF CHANGE ORDER #1, 1979, MISCELLANEOUS CONCRETE CURB AND GUTTER CONTRACT PARKING LOT IMPROVEMENT 5900, 5908, 5916 - 2%z STREET NE : Mr. Sobiech stated that the City has been improving an alley and associated with that alley improvement the adjacent property owner requested that our City Contractor improve the parking lot for.him and then assess those improvements to the property. Those assessments would take place at the time the alley improvements were assessed. We have on file an agreement signed by � the property owner agreeing to receiving these assessments and what this would do is it would allow the City to pay the corti°actor for those improvements by adding it on to the existing contract. l MOTION by Councilman Fitzpatrick to approve the Change Order #1, 1979 � Miscellaneous Concrete Curb & Gutter Contract to Mr. David Halverson in the amount of $3,314.00. Seconded by Councilman Schneider. Upon a voice vote> all voting aye, Mayor Nee declared the mo.tion carried unanimously. APPOINTMENT - CITY EMPLOYEE: MOTION by Councilwoman Moses to concur with the City Manager's appointment of: NAME POSITION SALARY E�FECTIVE REPLACES DATk Kathleen Wil]iams Senior Word $762 August 20, 1979 Reallocation of � ll05 143rd Avenue Processing per Clerk Typist Posi- ' Ham Lake, MN 55303 Operator Month tion in Engineering Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the moticn carried unaniinously. ESTIMATES: MOTION by Councilman Fitzpatrick to pay the estimates. EDS Construction Co: I 360 Larpenteur Avenue West J St. Paul , hiN . PARTIAL Estimate �4 - Municipal Garage Addition — $18,622.00 �� J . . . i. PUBLIC HEARING MEETING OF AUGUST 13, 1979 PAGE g 239 � 0 Halvorson Construction 4227 - 165th Avemae N.E. Wyoming, MN PARTIAL Estimate #8, 1979 Misc. Concrete Curb & Gutter Contract Al)ied Balcktop, Inc. 3601 - 48th Avenue North Minneapolis, MN 55429 FINAL Estimate No. 1, Project ST. 1979-10, SEALCOATING NANCE OF $ 4,314,00 �34,893.00 VE Mr. Qureshi stated that Councilman Schneider had a concern and the property owner executed an agreement which states that he w117 protect and maintain the retaining structure and he would like the Council to be aware of the agreement and authorize it so they could file it against the property so the new property owner would be aware of these stipulations. Councilman Schneider stated that this was in regards to construction on 52nd. . . ..._. r . Mayor Nee asked if the present owner agreed to this? Mr. Qureshi stated he did. MOTION by Councilman Schneider to concur with the agreement with DAB Inves- tments, Inc. dated August 7, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ADJOURNMENT: MOTION by Councilman Schneider to adjourn the PubTic Hearing Meeting of the Fridley City Council of August 13, 1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the meeting adjourned at 8:45 P.M. Respectfully submitted: Kathy Shelton Recording Secretary Attest: William J. Nee Mayor l �. U� FRIDLEY CITY C4lD6VC I L � � P�JBLIC NEI��IPJ� �1EETI�'JG - AUGUST 13, 1979 - 7�30 P,�i, � P�IEMO TO: DEPl�R7t�lENT IiEADS FOLLOVdING ARE TNE "ACTIOrJS f�EEDED�� PLEASE HAVF YOUR ANSWERS � BACK IN T{iE CITY P��AIJAGER�S 01=FICE BY THE �'�EDNESDAY BEFORE THE NEXT REGULAR COUNC I L MEET I NG � THANK YOU ��-i l-L�UdS-�' ao� � �� I . ' � I ADOPTIO�J OF AGE"�DA: . I PUBLIC WORKS CITY MANAGER Pt1BLIC WORKS � PU�LI C I�EARIiJGS : � �UBL I C fiEAR I NG ON �hEZOid I NG i�EQUEST, Zs�A �%�-�j, � - . BY r� � � � �'� I TT �ONSTRUCT I ON � � � . � � � � � � , . , , , 1 — 1 G Public Hearing Closed � SEE ITEM FOUR FOR ACTION NEEDED � � � OLD BUS I;dESS : CONSIDERATION OF ZND. �EADING OF AN ORDINANCE TO AMEND CITY CODE 0� FRIDLEY, REZONING ZOA �#79-04, � BY GRAVES COMPANY AND CONSIDERATION OF VARIANCE TO REDUCE BUILDING SETSACK AND PARKING (�%��1 UNIVERSITY AVENUE)� ��. Ordinance Tabled. ACTION NE�DED: Put back on Agenda when petitioner requests reconsideration of� rezoning . CONSIDERATION OF ZND I�EADING OF AN ORDINANCE DECLARING SURPLUS PROPERTY AND r�UTHORIZING SALE �EXCESS REGIS LANE RIGHT-OF-�J�AY) � � � � � � � � ••� � � � Ordinance No. 697 �dopl:ed • ACTION NEEDED: Publish Ordinance ACTION NEEDED: Proceed with exchange of property 2 — 2 L 3 ' PUBLIC HEARING, �UGUST 13, 1979 �� Pa�E 2 PuRLIC WORKS PUBLIC WORKS �dE'rJ BUS I �dESS : CONSIDERATION OF FIRST READING OF�AN ORDINANCE,TO r�MEND CITY CODE OF THE �CITY OF FRIDLEY REZONING Z�A #79-05 BY }�� i'�ITT �ONSTRUCTION (6330 aNn 63%O CENTRAL �,VENUE) . . � � . � . � . . � � � � � . + 4 Ordinance�Tabled. ACTION NEEDED: Put Ordinance back on Next Regular Council Meeting for Consideration � CONSIDERATION OF CHANGE ORDER #1, 1�%9, I��1SCELLANEOUS CONCRETE CURB AND GUTTER CONTRACT �PARKING LOT IMPROVE— . MENT 5900, 5908, 5916 - 2z STREET ��E), ,,.,,.,, 5- 5 B Change Order Approved � ' � ACTION NEEDED: Proceed as Authorized APPOINTMENT — CITY EMPLOYEE� � � � � � �� . � � � � � 6 Appointment of Kathleen Wi`ll:iams as Senior Word Processing Operator, Approved CITY MANAGER ACTION NEEDED: Forward Personnel Action Form to Accounting R ESTIMATES � � � . � � � � � . . � � � � � � . � � � � FINANCE ACTION NEEDED: Pay estimates . ADJOU�� : 0 7-.7B PUt3LIC HCARING REFORE THE � '. CI1'Y' COUP�CIL ' Notice is hereby c�iven that there vrill be a Public Hearing of the City Council of the City of Fridley in �:he City Hall at 6431 University Avenue Northeast on t�londay, August 13, 1979 in the Council Chamber at 7:30 P.M. for the purpose . of : Consideration of a rezoning request, ZOA #79-05, by R. C. 4Ji�tt Constructi�n, to rezone Lots 2 and 3, Block 1, Herwal Rice Creeek Terrace, from M-1 (light industrial areas) to CR-1 (general office and limited business), to allow the construction. of two office buildings, all lying in the South Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 6330 and 6370 Central Avenue N.E. . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. � � Publish: July 25, 1979 August 1, 1979 0 WILLIAM J. NEE MAYOR e l . __ � cxx�c or F��c �r.�rrrr�t�rc cor�.iz�SIQPd I�:L"�IJ�IG - �cnY?.1��9 ..�.�...._........_._.. _ . CALL TO OI�DER: Ckiaix�nan Iiaxris calJ.ed the July 11� 1.979, meeting oP the Planning Commission to order at 7:35 P•M• . ROLL C11LL: ' Hlembers Present: Members Absent: • Others Present: . � 1A Ms. Hu�hes� Mr. Oquist� Ms. Schnabel� Mr. Harris, Mr. Langenfeld (8:50) .,. --� . Mr. Treuenfels . ' " � �' Bill Deblon� Associate Planner Mike Franzen , P1.anning Staff l. APPROVL PI�NNING COI�uSSION rZII1[Ti'ES: JUN-' 20� i979: MOTION by Mr. Oquist� seconded by Pds. Hughes� to approve the June 20� �979, Plazinin� Commission minutes. UPON A VOICE VOTE� ALL VOTING AXE� CIil�TRI�'1N HARHxS DECLARED TIiE N,OTION CARRIED UNAATL�iOUSLY . 2. PUBI�IC HE.=u�ING: REZONING £.E�,tT�ST�ZOA ��'(9-�� BY R. C. WSZT COPdSTRUCTI0P1: Rezone ~Lots 2 and 3� i�lcck J.�__IIerwal Rice Creek `�er:��ace, f'rom i�:-1 light __._ _._ _ __.. _.___.._..___..._.._._._ industria:L areas to CFc--1 e:eral o�f:ice a:�� lir.:i�i;ed business)� �o allow )~ .�._ --_— the construction of t�ro o�i:'ic� buildin�;s� 30 :�eet. � 12� feet� tY:e sane being�and �370_Central.+ Aver_ue I�I.E. . .: N:otion by b�s. Schnabel� seconded by Mr. Oquist� to open the Public Hearinb. UPON A VOICE VOTE� ALL VOTII�� AYE� CHATRMAN HARRTS DECLE'�RED TI� PUBLTC FIEARING OPEN AT 7:40 P.M. Mr. Deblon gave the Co�issioners a copy of the si�Le plan. He stated that it was cuxrently classified T�I-1 and the peti-tioner would 1.ike to change it to CR�1 which is light conunercial or li�ht offa.ce use. xt appears �Lha� the present zor�ing is incompatible to surrounding uses. The S�urroundin� areaG is classified C�1, C-2, R-1 and C-2S, with the exception of the imme3iatel.y adjacent lots which axe zoned M-1 � � _ � Ms. Hu�hes asked where the other zonings were loca�Led. - bir. Harris stated they were located across �;he s�reet and to the sou�t;h on the sarr,e side. . The Cottunissioners exnuiined A map whicki indicated the variou; zonin�s. rir. Deblon stated i.t was virtual],y an island of M-1 zonin�; sutroi�nded Uy C-1� C-2� etc. ' Staff felt this was riis-zoned �nd �he M�1. is incoz7pr�tible with the surrotuldir� uses. Also� thexe is m.9r�iiiAl accessiUility for �n M-�. zoning. 0 PLI�NNTIIG COt✓,2�(ISSIOPJ P�PTIrIG, JULY 11, ].�'� =--.. PAG`' `' 1� Mr, Deblon stated the peti�;ioner proposed to build two buildin�s. One would � be built prior to the other one� but the second one woul.d be started by the completion time of the firGt one. There would be adequate parkin� available. On the side zoned R-].� they would want to insure adequate screening either by ve�etAt3on or fencin�. They observed from field"analysis that there is currently adequ�te screening by ve�etaiion. The existing trees would add aesthetically to the development. Mr. Franzen stated that the City was looking at other areas of the City and considerin„ phasin� out, over a lon� pera.od of time, �ome of the M-1 areas that are sim�lar to this area. Staff felt that the M-1 zoning in this particular ar.ea is incompatible with the residential areas across the street. Staff did nbt see any problem at this �Lime with a reques� to�rzzone this property. The pxoperty and the plan �,met all the rec�uirements of the zonin� code. A].so� this plan wi11. have to be reviewed by the Rice Crcek Watershed District which is one of �;he xeasons for the temporary pondin�; area in the bae�. Thi.s property is ].ocated within i;he Rice Creek Watershed Disl;rict. He �ta�ed there was a drainage f�.ow into T,00re Lake from this particular pa-rce].. _ Ms. Schnabel sta�;ed tl�at she was concerned because it is a marginally sw�mpy area. r�. Franzen .stated that the proposed structvre would have no basement, but a slab layed out on the 1and. It would be a two stox'y structure. Mr.�Oquist asked if they would have pile-ons? � Mr. Franzen stated that he beliaved they would. Mr. Harris stated they ��ould have to check the soi].. . Ms. Iiu�hes asked about the parking and if there was any excess? � The �etitioner� M.r. R. C. 41itt, stated thex�e �•rovld be three over and above the n�z�ber required by code. He stated thafi� the proposed plan met all the requirer�ents with one esception. A�+0 foot setbacic is requixed and the plan would noi meet that requiremen�; at �;his tiine. Iiowever, the architect will chan;e the plan to meet 'that requirer�ent. There is plenty of side yard and b�ck yard clearance avail- ab1e. To their lcnowledge� the plan is otherwise sat:isfac�;ory. Rice Creek Water- shed �J�ii �o over the pondir�� area. He si;ated they would be checking the soil and stated there was a frost footin� around the proposed buildin�. The indepth grou.~�d 1.evel would be 3 to 5�eet. The on]tiy area he 'thou�ht could be unsuitable war •the back corner. Ms . Schnabel stat;ed tha�; she uziderstood they �aere buildin,� two separate buildin�s and r�sked if they were buildin� it for resale or if they intended to l:eep it2 Also� it they did intend to sell� would thcy sell bo�;h buildin�s or just one? D4r. �da.tt stai�ed they intended to keep the Uuildin��. If tliey ever decided to sell� 1;hcy wotil,d �ell both btiildil�s. `I'he way i�t s layed out� it would Ue difficult to split it up. ° 'PL,AP�T1zPI� CUt�n�'2SSIOP�I I�1I:T;7'XNG JLT�.,Y 17. �. 9 — PAGE . 1� Mr. ilr�rrin aaked wY�t the setback would Ue from the rear lot lino to�the proposed buildin�? ' � Mr. Witt ;t��;ed the lot ��as about 300 feet deep and the setback would be about 30 or �+0 f'eet. 0 t�ir. I%rris asked how much of that they intended to leave natuxal,? Mr. �r�itt stated they planned to l.eave aLl the trees and would try to maintain the na�;ura]. shrubs� etc. Mr. Harris stated he was concerned about leaving enou�h room for screening. He � asked what the side yard offset would be? . Mr. Witt stated that he believed it would be about 20 feet. Mr. Iiarris stated he was concerned that the ponding area be large enough to handle the runoff . . Mr. Witt stated that Rice Creek Watershed would have to determine what is necessary there. - Mr. Harris s�tated that would eifect the layout of the plan. A4r. 4Jitt stated that he had talked to his architect and the �zrchitect felt it tlould be ri�ore than enou�h. N�. Harris �sked if hZr. Wii;t was familar with wha� would be al].owed in a CR-1 zone? • Ms. Hu;hes asked what types oi businesses he planned on having in �he bui.ldings? She was concerned that the two M-1 zonings could be a detrement to the offic� bua.ld ing . ' N,r. tdit� s�!:a'�ed that he fel� Zi.ebart had a clean buildir� �tnd was not too co�cer�ed about th�t. He had tall�ed to I�ir. Boardrr��n about what �aas nlleked in a CR-1 and � . he would be looki.ng at tenari�s such as sma11 insurance agencies� real estate offices� etc. Ms. SchnGbel read the code for ��Sr. Wit� and stated that C�Z-1 woul.d allow general offices ar.d �.iu�itea businesses such as real eNtate, lawyers� meda.cal� dental� opticalJ etc . 2�Is . Schnabel asked ��hat type of si�ning they woul.d have to aler� people to tl.�e businesses located �here? Mr. Witt st,�ted the architect would desi�n t2ie si�ns and �Lhey would be according to the requ:ire�ents. Mr. Iiarris stated that a si�n talces a separnte permit and sug�es�;ed Mr. Wi.tt read the si�n orc��nance. ' � PLnrlrrxrrc Cot�a�sszorr r��r�r�rc, �nnY �.it a.979 - _ rnG� �+ .. . ' , � � 1D Mr. Jerry 4lraneschetz, 6355 Pierce St. PT�� came forward and stated ��.a house was locrated i.nmediatel,y to the west of the lot in qucstion. Iie was concerned that they don't chop do�m the trees there. ile st�ated he had tall:ed to Counci}man Dennis Schneider and was concerned because this vacant lot acts as A holding pond for water. When i� rains hard� �;he water ].ays .there and gradu,al]tiy seepe ' in. Zn A hard rain� the water backs up into his yard and his neishbore yard. He would not like to s�e them blacktop the whole thing because it would make the problem worse. . Ms. Schnabel sugges�ted bir. Wraneschet2 look at the proposed plan� and in particular the proposed ponding area. Mr. Franzen stated that Rice Creek Watershed requires that the existing runoff cannot be exceeded by ancther development. Sa� the amount of water that runs ofi -this property ?��.�h a par:�in,; lot cannot exceed the cuxrent amount of runoff. That 3.s the rEason i'or �Lhe pondin� area. . Mr. Wraneschetz asked a.f they could have flat roofs to ho1d. the water. Nir. Harris stated they would prefer not to do �hat. Ground ponding is far superior to roof ponding. A1so, a st•Tale sl�ou].d be built. They will have to have a co�plete draina�e plan from Rice Creek 4latershed. Mr. Wraneschetz stated he was a1.so concerned about �the screening. In the fa]1� when the leave fa11 off� it gets pretty bare and he would like a buffer. Ms. Schnabel asked if tr�ere was a depxession or ditch between Mr. �lraneschetz's .praperiy and the lo�t in ques�ion? ' Mr. Harris stated there wasn't, just the general. slape of the land which runs to the south. Mr. Oquist stated that this could help Mr. Wraneschetzts problem if it is done ri�ht. Mr. Harris stated there shouldntt be any dxainage fxom �his property onto any othex property. Mr. Qquist usked �hat the ex�Lerior of the buildin� would be? r2r. jdi.t � stated it zaould be cedar wi.th brick or stone on the front. He taas not sure abou�L i�he sides yet. , ' Ms. HugheS asl�ed if they would proceed with the projcct if for drainage reasons or o�Lher reasons the second building was a problem? N,r. �ditt stt�ted that because af the cost of the land� they probAbly would not continue w�.i�li the project if �Lhey coul.dn't build bvth buildin�s. � M:. Schnabel stated because of the size of the pxoper�;y� they could rearrange the buildin�;s if necessary. � .,�Lnrnazrrr� cor��4ISSI0P1 t�iiTFTTPTG Jt1LY 11 1979 . • p�G� 5 . . , ' lE Mr. Witt s�;ated th�y Yiad looY.ed at a1�;ernatives� such as puttin� the buildin�s toge�;her� but it was decided this was i;he best p1an. IIe stated the 1ot was � . �bout 70�OU0 yqu�re feet in tota]. and 1;hat should be nmple. He would like to keep the p�.rkin�, ].ot i.n the front of the bulldin� because it would be bel;ter for the hou�es to the rear. 1�fOTZON by b�s. SchnaUel' seconded by Nis. Hughes� to clo�e the Pub7.3c Hearing. ' Uf'ON A VOICL VOTE� ALL VOTIT�TG AYE� CFiAIl�9AN HARRIS DECLARED THE PUBLIC HEARITdG CLOS'�D AT $:15 P.M. Ms. Schnabel asked if Staff had heard from Any other nei�hbors regarding�this � request? � Mr. Deblon stated they had not as far as he knew. Ms. Hughes stated that it seemed a reasonably �ood solution to the zoning problems and a1so� if for so�� reaso� the project was not conmle'ced, it would sti�.1 be a x�asonable xezonir�. • Mr. Oquist asked. ti*h.at was allo?•red in an M-Z? Ms. Schnabel stated that I�:-1 allowed manui'ac�Luxing� buil.ding material yards� contractor's yards� l�r:ber yards, bus and �;axi storage� t•rarehouses� etc. Pfi�. Harris stated that M-1 is probabJ..y not in keeping �aith �he neighbors� but technecally� tha.s is a spot rezonin;. I�1r. Oquist stated that becatzse �hey have P�Lid�aest Stora�e on one side and Ziebart on the other side, it would bc be-tter to play it dovm so they dantt get a simi].ar . use in there. Mr. Harra.s asked if Stafi had researched �Go see if this was rezoned be�oreY Mr. Deblon s�tated they h.ad Iooked into that but coul.d not �'ind the date i.t was � xezoned if i�; was rezoned. Mr. Harris su;�es�ed they xesearch tlzat and fiald out before this goes to Council. Ms. Schn,�bel sug�es�Led tha�; Sta�f put that lcind of infor�ation on the applica�a.on. MOTION by D4s. IIu;hes, secor,ded Uy Ms. Schnabel� to reconur.end. to Council rz�proval of Rezanin; Requ4sti ZO.� ,;�7�-05� Uy R. C. Witt Construction to -rezane Lo�Ls 2 and 3 k�lock 1� Hez�aa]. Rice Czeel: Terrace, fxani R1��. (li�h�t indus�rial areas) to CR-1 (�ener�7. of.fice �nd limi�;ed business)� to allo�z the construction of two of.fice buildinUs� 30 ieet by 12i3 feet� �;he same Uein� 6330 and 6370 Cen�ral Ave. Td.�.� wi�th �;he fo:Lloc•ra.,i� sti�tLlations: 1)a draina�e plan t�e on file �e.fore this request ga�s i;o Cotzricil� ;;nd 2) adequate screenin� f'ro:n residential areas r�nd also ra ].azldscapin; p1�an au�line on fi1e. • UPON A VOTC� VOTF,, �LL VOTING AYI:� CHAIPSUIN ti�1l'I:RIS DLCLAI2�D Tii� T.OTION CATtRI�D UN'I�1�ITP�iOtISLY . Air. ITarris infozTned tt�e pctiiioner �h�it i;h�. � wou�.�l �;o ta Council on Ju�y 23� 1979. I�fe st�;�;c ��Led h1x�. �ditt �et sturted on �the drzina ;e plan� because Rice Creelt 1-Jater- ched oz�1,y inee�;� ance a montki. ' � , , _ _ _. ., , . .. l G ; : . , , - . , . . . � _._ . _._ . �.. . _ .....� _ _.___ •�`l�%_ ` ._.: __...... _. ..___ . _ .�_ _�.�. _._µ.,..__..,... . . , _ . . ..__ _ _ _ ___ __ , . �, �� --�.,� . �� , r��if4 �~`' . ��a�s 1� Q' (j � � �`�Sc+�C��, ��+�C_ � S �' �i, � r-.. / or v.ja ��)r 4� =c.r�_ . � .� � . � �� }u�� i • ' _ . .'� .. , o y�� . $:i . . r. � Q . .. . _ .......___.�_ __.,,._. �.... �..._. _..., � P � r' �T_ ' , � � - . . � , , _ � `, . � �� ; , . , ��^ , . i I �t.}TU �U LD r-�C-� . . . � � • , . . . . ; . j.._.. _� � .._._�. � � � � . . -,� - --- - - - _ . � � . �� x ,:: . ---.--; : . . 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I ' --- . -- '----jC ' � ` _._..._.._... _---__ i O _' • • O� ,J � � f � � 6 � ` ..,... -- ��'"„'� i x--------- �.a - � � .,� �..�r� �- .�..._....... � , ; d 1 � j�, _�, I lr :i � ..= - ' �,� / 1 , � � ' ` ��. � `a `` I� � �,�, r,�� a.,•�:• --� , � . C� � : ..�� _.. �- :_..�.._ . .. ... _ _ .. ...�. .l..J �� , _ , . _ _ .. . _ _.-- -�- _�w_ _� _ ... .. _ .. _. ., . _ _ . . ,�. ._ . �.._._...._.�..... .. _ �_.-��__-.-..-.._....�.._. _ .. ..,.. __. ; ...__... .; . _ .� �...�...._�,...�_____.,._.. „ _ --__.�-- � ) � G.��.� �:�1/.F`��`��" ORDINANCE N0. AN ORDINANCE TO AMEND THE CITY CITY OF THE CITY OF FRIDLEY, MINNESOTA'BY MAKING A CHANGE IN ZONING DIS7RICTS. The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 4, Block 6, City View, lying in the North Half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnes�ta. is hereby designated to be in the Zoned District known as C-2 (general business areas). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or areas to be rezonined from Zoned District R-2 (two family . dwelling are�s) to C-2 (generai business areas). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK _ MARVIN C. BRUNSELL Public Hearing: Jul� 16, 1979 First Reading: q„�tt6, 197q Second Reading: Publish....... 2 � AGREEMENT j zA TNIS /�GItEEMENT made and enl;ered i nto thi s day of , 1979, by and bctween , hereinafter called Lhe "ovaner"; and the City of Fridley, a rnunicipal corporation of the State of Minnesota, hereinafter called the "City". WHEREAS, the ovrner and developer have petitioned to City to approve a rezoning from R-2 to C-2 on Lot 4, alock 6, City View, in conjunction with a variance, for the construction of a commercial building on Lots 1-4, 61ock 6, City View. t�fHEREAS, the City finds the proposed rezoning and construction will be in the public interest, welfare and convenience to the people of the City of Fridley if the owner ar�d developer agree to lay out, develop an� maintain said property to the standards agreed to in this document to the �arties hereto. COI�SIDEk1�TI0N FOR THIS AGREEP4ENT shall be 1;he approval of the rezoning and the varianc� for the construction of a commercial structure on the above noted lots. �The owner and developer, their successors and assigns do hereby covenant and agree as fol l o��s : 1. To construct the building as per the approved site plan in Exhibit A. 2. To locate d�°iveway access to �7th Avenue N.E. directly across from the proposed service drive. 3. Limit commercial retail to the west 40 feet of the building. 4. Commercial reta�l shall be limited to "Locai �usiness�' as defined in the City Zone Code requiring not more than 10 parking spaces. 5. The remainder of the building shai1 be limited to office service oriented commerC�ial uses requiring not more than 11 parking stalls -For operation. 6. The hours of operation shall be limited to 11:00 p.m. on all business � except as approved by the City Council of the City of Fridley. 7. Any request for extension ofi hours or change in use not consistent �vith tiiis agree�nent shall be made in writing to the City Council for appro- pi°iate notification of the neighboring residents. II. Al 1 bui 1 di ng a nd parki ng 1 ot � i ghti ng sf�al 1 be di rectc�d dowrn,�ard and away from the residential area. 0 9. A solid screening fence shall be provided along the easterly boundary togeth�r with adequate landscaping to ensure visual protection to the neighborhood as approved by the City. ANY AMENOMLNT TO THIS AGREEMENT shall require approval of all parties involved • and would require appropriate notification to the neighborhood as decided by � the City Council of the City of Fridley. 23 I7 IS TfiEN MUTUIILLY AGREED 1;hat the provisions of this agreement and any fur- ther amendrnents shall be binding upon and eni=orceable against the parties here- to, their successors and assicns, and all subsequent owners of the property here described. An executed copy of this agreement s�iall be filed with the Anoka County Register of Deeds and made a part of, and be binding on the above described property. IN WITNESS 1�JHEREOF, the parties hereto have hereunto set their hands this day of , 1979. This instrument drafted by: City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 MAYOR - 4�i 11 i am J. Nee City of Fridley (Seal) City Manager - Nasim M. Qureshi City of Fridley , State of �1innesota) ) ss - County of Anol;a ) On this day of , 1979, befo�°e me, a Notary Public within and for said County, personally appeared William J. Nee and Nasiin M. Qureshi, to me personally known, 4vho being each by me duly sworn they did say that they are respectively the Mayor and the City Man�ger of the City of Fridley, the municip�l corporation named in the foreyoiny instrument, and that the seal af- fixed �o said instt°ument is tlie corporate seal of said municipal corporation, and said William J. Nee and Nasim P1. Qureshi acknowledged said instrument to Ue the free act and deed of said municipal corporation. t�otary Public • (Seal) Owner 2C State of Minnesota) ) S$ County of Anoka ) On �his day of , 1979, before me, a Notary Public within and for the County of Anoka an.d the State of Minnesota, persona1ly appeared , to me knovrn to be the same person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Notary Public \ c z�.�r or z� r� r�7.,rx . ' nk��nTFs �;��r��.11s ;a:arr t��l�xr�rc - �r��r� �.2t 19 9 � . — ._._._____�__..__.... - �...— cn��, Z�o or%nr� : 0 Vice Cl;airworru�n Cabel called the June 1.2j �979, meeting of the Appeals Commission ta ordcr ai; 7:I+0 P.M. ROLL C/';LL: . Members PxesPni;: t�. Plemel, Mr. Kem�er� Ms. Gabel� P�Sr. Barna Niembers �bsent: Ms. Schnabel Others Present; 2�. Clark, Corr¢nunity' Development Administrator �.. t�pr-�ov� �r�az�s r,o!t�-usszorr r�zrrvrz�s: MAY 1S, �-979: h�OT10Id by r�s. Barna' seconded by 2•Zr. Plemel� to apprave the N,ay 15� �979, �inutes of the Appeals Commission. , Mr. Barna stai;ed that on pa�e 8., the first large paragraph� the second sentence irom the end� the word "r�issir�" should be chan�ed to "not seeing". A4s. Gabe1. s�tt�ted that on page 20, the sixth para�raph, the words "in that areasr should be add�d to the �ast sentence ir� th�t paragraph. UPON A VOICE VQTE, ALL VQTI��TG AX�' VICE CI-i�1�RW0I�;AI�T GAF3EL DECLARED THE rSINU.PES APPROVED AS CO�RECTED. 2• RErL�ES^1 I'CR Vf1RIA1?C�S PLi:?SUAJ`1�1' TO C�i(�P7.'ER ?_O�j Oli T�� F�zDI�X CITY CODE� TO • •RI:DUC'r� TIi:� BiJyLDIivG S}.�'in�CtC i't��`I ��3� S`.i';�;��T i;IGYyi'-CPmWAX i{'i�0i�i 35 :�'i::r�T TO 15 • ]�'��;F�a'.' AND TO 1�iJtJ�;: `I"_:�,`r'r.., PAiiKSi':G 5.��i�^,Cii FRG`:<i STKr�H,'1 R:L"G�TI'-U?�'-�v't?Y I'i;0�1 ?0 F�T TO l.5 F'1�`1', 't:��:i';� Fi�O_�1 1e0:�Z`1'ii �'F:OI ".��i"T i�Z:��: `10 R.aDUCis 7.'i� PA�KI��G S�`'i'L3�iCK '� y � t Iti' ��:,r�..-i: i jl' n��i r, qv - -�..a n T,�i,�i-i i r{: ��-�r 7 'T� t 7Lji� <�r L j r ' kR0i1 liw 52':,�_�1 .�I�UIi_--Oi�-. �,_ r'izt,�-, � �� i ZQ 5� I��,.1 I'nGi��1 1�.�., ��E.��' �RO.'i�.Z1Y LTiv�: i0 Ri:;Dli�E `l'�±� Pi`�''�:iiZ�du S�`1'�3A��:: ��'."t�O:�I STR�T R:tGI?��GF-47AY i��50A'1 20 F.EET TO 1'j :��1s^1 }�'RC.�i `i't��, S0�'i'H P1�G:'�i;`1'Y :�I1rL, '�i0 k�LLC'�J `i'IiE C0;`�S'1RU�TIOTd OF AiJ OI�FIC� �IJILDT:��;� �:`�' 5701 UivIG�.F�SI'I�J- Fi�'�+:dLPL iyC:`�'T-�1"�ST. Request by The Graves Cor�pany� 5251 Central Avenue tiE� Fridley� Nin. jj421.� MOTIOPZ by Dir. Kemper, seconded by Mr. Plemel.� to open the �'ublic Hearing. UPON A VOICE VOTE, ALL VOTIr1G AYE� VICE CHAIRWOi�1AN GABEL D�CLARED TIi� PUBLIC iiF�1RING OFEN AT 7:��5 P.td. . Mr. Thomas Lan.�se�h came forward and stated he was representin� �he Gr�ves � Compar�y . Ms. Gabel read the �dmi.xiistrat3.ve St�ff Report �s follows: ZD �, � � � � n � r� �r � �'11G s 2 ,�� r�:tu,� co,•a,�z��.�lo.r t-�'�:tztr��1n�,.a t�_ �. 79 �— - ._._._ _-_.-- . , 2 E n1�:-fxia.r. ;�rf:��r.vr: ,��r�1i'r• rij;F�oa1� 5701. i1�►iver:;ity nvenuc N.r. ' 0 J A. 3?UI3T,iC PU12I'OSI: SERVI:p F3Y ItL:9UII'.T:t4L�I'P5: ?.05.103, 4n, �I1, x'e�;ui_r.es thzt per.rnii:ted �bui].clings and uses eycept .. automobile pa7_}:ing anc] .lo�,c�ing spaces, drive�aays, essential ser_vice, wa1Y.s, and i�l.anting spaces s}iall IlOL' J�G' closer to any pu}�l.ic righL- of way �hai� 35 fcei:. I� setbacl; of 2Q feei: is requir.ca for off streeL- ,parking: Pu}�lic nur}�.ose served by Lhis r.c�quirement is to maintain adequate seibacY.s for aesthetic open areas aroutid commercial s�ructures. ' 205.104, JT, �pl, pr.ohibi_ts off-street parkin� in any poztion of the required 20 f..aot front yard. - Public purr.�ose served by this requirement is to J.imit visual eJicroachment into neighboring sight lines and to allow for acstlietically pleasing open areas adjacc�nt to pubtic r.i.ght ot ways. l3. S�'117.'T'll H1�72DSHIP: Bui]�ding sit�e is boraered on �th.ree sides by si�reets. '' e C. AD;dTNIST22F1`'lIVE STAE'F I'�EVIL'��; : . Tlie si�Le is boLUided on three sid�s b�� public ric3ht of ��ays �vhich does � render i:lie sitc very difficvlt to build on with a c�:nmercial. building and sti11 pravide sufficiei�t parking �aithoui. some Code variances. The ' • staff has no s�a.��ulations it woul.d recor.unend if the Board xeco�nended . L-lie ap��rovat of ihe varzarices requested. . Nir. Lr�ngseth �ave the Gou�nissioners a capy of the plans. Nis, Gabe]. asked I�. Clark why there were �wo different drawings? Mx�. C1.ark stated that tYze petitionert Mr. Lan�seth, had talked to .'the PZanning Depar��ent that morning. A ch��;e w�s made in_the size of the build3.n�. The drawizZg in t2i� ��enda indicated a builcling size of 90 x�+0. The drawing they brou�ht i.n i;his r�orning showed a size of 1.1,0 x�+5 and was later reduced to 108 x 1+3. They bui.lding they should consider here wotil.d be 108 x�+3• �e o��Y variance affected would be the oi�e on the south And it would reduce �hat one from 17 to 15• 50� ins�;ead o� reducin� tlie pt�rlca.ng setback fro�n 20 to ].7 feet as stated in the notic�� it �zotil.d reduce it from 20 to �.� feet. Ms. GAbe1 stc�ted� that �hc thought that would rec�ul.re another notice. nrr��nr.S r,or-�r�r.s,zorr 1R�3�rzr,rr, �TUrrc 6, i 7�,.9 ____�_ � ��+G� 3 - _ 2F N,r. Cl�rk s��ted thr�t he understoud i;hr�t zfir. I3oardrru�n l�zd talked to the City . �.ti:orney r�botrt -Lh�.�. If' they have un cr:i:;tin� conditionJ und ri�;ht now the exis�;ing condition ir� zero, �xnd as 1.on�; as the new condii:ion i.s more thnn whc�t 3.s pre�ent]..,y there, �hey would not need a variance. r � 2�J�. Gabel stai;ed that sl�e would Sti1.7. qLiCation �Lhis because i�hey had never done this before. She noted tha� �;his wou].d be goin� to Council and su��ested they a�k Mr. Hezrick for a i��ai opinion ou �h9.s beiore it goes to.Council. Mr. I�n�se�th stated that the plans were close to,what was proposed and also stated that they do rneet the cod.e requirements S'or the parkin� and for the drive-throughs. They increased the size of t;lc building s�Lrieily from an eeonom3.c stand poi.n�t. He stated �Lhat as far as tbe variances �o, the on1.y one afiected was the one D9r. C1ark had referred to. He aJ.so stutec� that thcy dor�'t have bumper to bumper� in other words� the ttro rows of parkin� woul.d �o to the berm. Ri�ht now, the aspha].t does go to .the proper�;y l.ine And they woutd create a 1�erm that �•rould be 7.andscaped and would be in line with ��hat's on i;he other side of the property. Mr. noardman rnentioned t aiay that at the existing openin�; �Lhere is presently a medinn and he su�gested th,at �rhen the necr service road co:nes in around the future Super America Gas Station, they rnove their iu�ress and egress to that point also. This would avoid traffic problems. " Ms. Gabel asked if the new size oi the bui].ding Wauld stay under the �4°� lot coverage requirement? Mr. I+an�se�th stated it would. Z'h� lot is 1.9�000 sqv�re feet and the building Frould be ��6�+�+ sc�uare feet.� Tkie 1ot is 175 x 120 square feet. Mr. Plemel asked if they wexe going to tear down tlie exis�Ling buil.ding? Mr. 7�angseth stated �they would tear i�t do�m. He stated �that evexything �aould co�e dowm and it �aould be a decorata.ve lot. It presently is designated as office-retail, but they do not have a de�inite tenant at this �:ime. Ms. Gabe]. asked wl�,y 57th P1.ace was the �"ron� yard when. the narrow side of the lot is supposed ta be the fron'�? Ntr, Clt�rk stated tha� they couldn't get access ofi Hi�,hway 1+7. He also stated that on double fronta�e lots a.t states �hey must h�zve 35 fee�t off bath streets. Dir. I.�ngseth st�ted �tha� �.n this case, they �Ter� bounded on three sides by streets and if they had to go 35 feet on all three szdes, they wouJ.d not be able to put a building thcre. Iie sta�;ed tha't �ahat they tried to do off the service road is create the best possiUl.e image. . I�ir. Clark stated that it wouldn't n�alce ar�y difference because they still hr�ve to be 35 �'eet to the buildii� and 20 feet to the parkin�. M3. Gabel. asked if �he3► had a�y' ten�ants? nrr�?nT.s cot��rs;zorr t��rrT7�ic, ,rU.rr� i2, 19'l9 " • �nr�� !+ ;2G Mr. Lan�seth sta�Led they did not have any defini�;e tenant;c�� but were �all:ing to pcople. '�'he Wenche].1 llonu�; prop��a�. Fel1. t2lr.ou�h. They were lookin� at oifice-retuil �and wo�:ld meet �he parkir��; rc�quirem<n�;s. In other words� they couldn't have � 1�►0 �.•eat restatiran�;. `1'hey wou].d hnve more than enough parltin�Z tor a 36 uea�t i•Sr. Dcnut and the rest o�tices. That i� their intent at this tirne. If they u�ed all the space for office� they woulc�i defini•tely k�ave enota�h parkin�. • � , . t�s. Gabel Askzd iF �he rexoning would be C-2S? Mr. Clark s'cated 3t would be C-2. Mr. Lnngseth pointed out �that only one lot was involved in the rezoning. The other three lots were Already C-2. Ms. Gabel asked 3.f the pink house woul.d be part ot' tYiis? Mr. Lan�seth stated i'c wou].d not and that t�ie pink house had 32 lots. He stated their idea was not to put so7:ething there that would be abrasivef but� considering the 1:ot� they would pu�t sometiv.ng that z�rovld be economically ieasible. Mr. Clark asY.ed if they could iianction withaut the e�ress cnto 57th Place. He stAted there was a proY�lem wi.th people driving through the existing station even thou�h it is posted that they shpuldn't. Idr. Lan�;se�th stat�d �hat they �1ay it would be designed wi�Lh the bexm and the side- walY� tl?ey would no�l. be able to drive s�raight throu�h' ��hey would have to r�..ake a jo� of aboui; 60 feet �CO ge� back out onta 57th tivenue. The one problem they wouZd have is with a tenant on �k�e end� that t�nant would preier facing University �venu° and �•*ou].d lik� 'theiz' door on t��e wes� S1CI@s Zt WOLL�.C� �G' an �zsset •to have • an a.n and out there so there wc�ald not Ue co�;estion for the parkers. Wha't might happen is that the w�st side parking woulr� become con�rested as far as in and out goes. They wou_ld have to take �ahat is �ossible �nd �;he bes�t thin� for the bui3.ding wou.l.d be to leave that open and deal wiih th� t�,.rai'fic problem by rr,oving� as T;r. BoFxrdraAn su�;gested� the op�nin� to direct line it. There is almos�t 175 feet on the east line of the property. He noted there was a cuxb on the�west end af the � south parkinU that is �Che ].ength of a vehic.le. If they krent around there� a.t woul.dii� t be like it zs now. From their standpoin•t, it would be bettex to leave it open� but if it becomes a probJ.e.nt t�ha� would be different. If it were all ofiice space� there probably wouldx�t t be any reason �to J.ea�� it open� but if t}�ey have a tenant la.ke Mr. Donut� they would warlt it open. ris. Gabel. noted there were only 21 parlcing spaces and asked how the ratio was" �igured? - h4r. Cl�xk stated tha�t the rAtio ior a r�staurant they required J. stall. for every �+ se�z�;s and for an office �hey rec�uired 1 sta11 for encli 2j0 feet oi' office space. So� f.or a 36 seat rest�urant, they would need 9 st�lls� and for a building of �L2iza si�e for office� they �oould need 12 stal.�.s. Mr-. I,�n�se�;h noted that 20� �;a 25� of the office space �aould b� used �or stoxage� etc. . • 0 �u>��rn�.� CGI419Ta ;zorr t��;rn�:rrrc, ,�urn, 6, �_��7� � �nr,r 5 , 2 !� t�ir. Clc�rlc rerninded I+±r. Lang�eth ubout �he re��Lroorn req,uiremcnts. Mr. L'arna aslced bir. Lan�ueth if they woula �;ry' to have leasec si�ned on all 1;hree sect:ions before they be�i.n construction? . tdr. Lan�setki r�tated he was not sure, but �o mat�ter what� they were proceedin�. He no�ed thcy had put about 100 hou.rs ��orl: so far in�o this. Ms. Gabe1 noted �Lhat they would have to lteep in mind that they on1.y had 21 parl:in� s�;Alls and there was no r�ore room �vail.able to elcpand the parl�in�. So ihey would have �;o f�.nd ten�ni;s that tirould be compat�.ble _with •the availab].e par�.in�3. Sl�e a�.so stated tha�: slze �,�as conccrned abou�; the opening� and asked.. if �they coula label. o�e o� tl�e openin�s as an exi� on1:y? .'� Mr. }3arna stated �that most people would x�ot try �to exit on 57th because of the txa�fic. Ms. Gabel asked if tY�e En�ineerin� Departrnent had laoked at this? Mr. C1ark stated that it went throv,�;h their affice, and �t;heir commen�t was that �rhen i;he service dritre is located goin� south, the driveway oif 57th would line up. Mr. Langse�h s�a�ted tha�t in regards to bacicing up and getting in and out� there is tnore than adequa�;e space avail.able fox mobila.ty in the parking lot. They met the code aud wexe lookcd at by ��s. Bo�rdman. He also stated �that if �they changed the uccess ofi' S7th Avenue� it ��oulci kil�. the aeai. Thcy must have the opportunity to get in and out on 57th Avenue. Mr. Barna aslced if P�hr. Donut would have a serviee window on the west.sic3e? Mr. Langseth sta'�ed �they wou�.d not have a service window. Ms. Gabel asked if they would have a free standiz�g si�n or if the building would be si�ned? bZr. I�an�seth stated that he understood they couJ.d have a_PY�-�n sa.gn which waild handle al]. three �tenants and a7.so �the bui:tdings would be signed. Mr. Plemel asked if they would use tkze e�.3.stin� sign? Mr. I.��nuseth stated thcy wou].d talte tha�t one down And th� new ane woul.d be in the green area. He stated ihey would l�ave to i'o17.ow the guidel.ines of �;he City. D4s. Gabel asked about i�he e�:isting li�hts2 Tir. Lan�seth stated they �.*ould came down also. Mr. Baxna asked �baut the under�rotuid tanks2 Mr. C�axlc stated they would have to be ei.t2ier removed or filled with sand. P- /lt'I'I:�7�S CUt�9:L; �S]:Uid t•'�:1'I'Tt,(`, ,7(JI� 1.2 19 t9 '. � �'AGT� 6 � _��.____.�. �`_`.. , . 2I P�. Gxaee t�',;�thisen� 3!+£3 - 57t;t� P1�zce I�� ca�»e� i'orward arzd st�ted ehe wAS concerned about �;}ie tr�ffic. Ns. Gabel er.plr�ined the plan to 2�i.�.. Mathisen. , � � NL. Thathisen ra�l;ec1 hvw much cl�.s�;ance there would�be Ue��reen her propez°�ty and the buildi.n�? � Mr. CZAr�: s�;a�ed therc t�rould be 1.5 feet f.rom the bu:ildin� to her pro�erty line and 5�eet from tlic par�:in� to her prop�rty 1ine, Ms, . T�,�tliisen asl:ed ii a roud �rou7.d boarder her property? Mr. Lan�seth stated that no road would boarder her property. Ms. �'�thisen �sked a.f the fence would be on their prop�rty li.ne? Mr. Clt�rlc stated it cou?.d be w3.�.hin 6 zi�ches of �,heir property 13.ne. t�.s. I��.thisen noted there was a'slope �here and asked ii a retaining wa].1 would be there. Mr. Lan�se'th statEd i�t wou7.d be properly 1a�dsaaped and if a retain�.ng wall wexe necessary they «otil.d do �Ghat. H� �tated that �Lhe bui7.din� woul.d be appea�ing and so would the landsca�ina. They woul.d, mLet the standnrds. b4s. Gabe1 s�;ated �Lhat the grada.n� an.d landscapa.n� wot�l.d be inspected by the . City. - Ms. Mathisen asked wliexe tlle restauran� wou.ld be? AZs. Gabe1. sta'ced the restaurant would be the tenant farthest from her house. l�is. Gabel asked Ms. bTathisen if' sh� had aa�y abj�ctaons? � Ms. Mathi.sen stated �that slie did not want her propexty dama�ed in an,y way. Ms. G�Uel stated tl�zt �the City Ti�spec�tors wouJ.d make sure i� �rouZc3 not be. Mso Mathisen asked about the 1i�htin�? Ms. G�bel, stGted the ].igh�;ing wou_l.c� have �o follot�r code and �aoul.d not be shaning darec�ly oii her property. She asked Tir. Lan�seth abou�; the trash container and if the�r would hr�ve a dumpster outside and where it would be located? Mr. T,�il�setli �tated he was not su.re whexe it woutd be located� but they would fo].Zow the �uidclineN. I� �1eu�.d be �creenec3. The ori�a.nal. dra,wing indicAted it wou].d be �n enc.losed structure with doors. Ife s�;ated tliey were aware she was the nei�hbor and �aou�.d do all 1;hey could to make it n3ce. nz��,nr � r,or-�c�zs �zo��r z�i��r,�.�r.r.cJ ,rurn��; :��9 � �-• i'nG� 7 ___�_.__.._. _ 2 J I•QOTIOPI by Pti^. P].eme].� r>econded by t✓r.. Y.e�rrpexp to close ikze Public �Iearin(.�. U�'ON A VUICE VOZT, �1LL VOTII�G AYE, VICIa C�Il�TIZ�dOP,4AN GA13�L llLCLARLD TFiC �'tk3LIC IIC/�I{IT1C. CLO�Ell �'.[' 8:30 P.M. . M.r. Plemel. �tated that the fi.rm h�d the interest of t;he neighboxhood ut heart and lt would'be a nice buiXdin�� better �Lhan wha� is ihexe now. � 2dr. i3Arna siated that he felt it would be �n �.rrr�rovement on �he site and would irrr�rove �;lie ex3.st:ing t;raffic si�uat�.on, P�r. I.emper stated th.�t his onJ�r concern was the vax'iance they were acting on was noi: the one on the publi.c notice. He had no objection to actin� on it� Uut fe].'t Council should bs aware �ha�L th� variance kas dif:Cexeni: and would �.ike Mr. Fierrick to �;i.ve an opinion on that �a'� the Coun.ci]. ineetin�. N,s. Gabel sta�;ed she h.�d no �roblem and fe1�; a.-t k�ould be an improvement. She �elt it �rould be bet�;er i� �t;hey knew just what kir�d of tenant tY�re �rould be� but tha't • was not possible a�L tl�is point. � NOTT.OT�d by x�iro Kempex, seconded by 2�'�r. Barna, to reco�n�nd to Coutzci7. approval � of �Llie varaances as �'ollows: 1)reduce the building setback �rom the street right- of-way f:rom 35 ieet �;0 15 feet, 2) reduce the parking setback from stree�t xi�ht- of-�way frorn 20 i'eet to 15 ieet �rarn the nor'��. properi;y lizies 3) to xeduce tl�e pa.rkin� sei�bacl� fx•om �the s�Lreet righ�poi'-S�*ay :f'to�a'i 20 teet to 5 feet on the �rest propert�r lin�� nd !+) to rcdt,:;e the pax};.� n� uetbacl� iror� �ihe stree� rigY�t-oi-way �'rom 20 �'eet to �.5 �ee�, on i;he sou'Lh prope��ty 1.ine' to allow the construction of an oifi_c� buiJ.ding at 5701 University Avernae ��:E. Courcil should note that the ��tli variance was approved di�'feren�tly than was indicated in th� Public iJa°�ice. The Pub'lic T�dotice �.ndicated a reduc�ion oi tlie p�rkin�, se�back from 2� feet to • 17 f�eet. Cou:le�.l and b�,�. llerrick should ac'c on iha�t change. UPOTd A VOICE VOZ'�, ALL VOTIl�?G !�i'Ep VICE CHAIR��702�lA.1V C�.ABEL D�CI�ARED THE PdOTIOTd � CARRT.ED UTd1�T1xP�I0iJSLY. Ms. Gabel. s•tated �his woulcl �o to Cotu�cil on Jul,y 9th. � 3 VARSAI`IC.t�� nI��U:�;;�I' PL?�St7�'11�TT TO CT,.I1PT�i 205 OF TFiE F'iZTDI�Y CITY CODE, TO RE�I�E . — - — - --- -- n:ti ;. .,{ �� „�� r, � ,� r r- r r, a t. � � `l'Ii��; 1�'i:i)iv.�' X��;i> S�'i.3��.,:. .i�'��.G�� !Iy. '��`.Ullr.�sD �> i�1i; �(' _iU 2� I'F��T 10 LLn�7 �1FiC CUT;S`.iri�li�'�'ri;:t CI�' Ai'1 ADDI'1:'IOid `i'0 A;� ?':�:IST:�.iiG HOUSE A`1' 111 5`I.'H AV1'�T\TUL Td'i,. Request b�• Bruce ;�ie�ien�.xrd, 11� ��c!enue iVk�� I�'ridle� i°n. 5542J. . I�SOT20;1 Uy D.x. Ker,�pex� seconded by T�1r. Barna� �to open the public liearin�. ' ITi'ON A VOIC �. VOTE� ALL VOTIIu�G AiTJ VICE CI-Il�IRi�10r1AId GAB�L DECT�ARED THE PLII3LIC ��RI:I�TU OPi�N AT f3: �+0 P.I�I, i��. GabeJ. as}:ed AZr. 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'`7 � � �� +�u : .. . . - ' r; _ .�-�---�'� ,jJr� �e wo:::� ��.��t� � : . . . . . . . . , , .. � . • � � . :.. -. . y i� _ `�.'Q`�`a.ser ��e �P. . . . . . t' . .. :� . � � � ;u; ; i�:_,. .. . a '}A . , ♦ . �� ' � .Y� . .. �� , . ♦ , . ,. .1 _ ' { . • . . . . . �.'. . ' . 'ij. . � ,�� • • . . -`. , � . �\v .. . .. . . � . . .:; , -;�,�. . �� . -_. - ' \v` �, : . . - ; : � � -;•. , • �. � �n;�' . . . . .: . ��,C ^'t�. , . . �� y�r ' Zp�-b� � � .. . ` . . . . .� . . . �jCl'l.6 — . ( . t r._.. . . , . . \Q _ • ';: • , '. � . , • • , ,=r •'q�; � ` ' .. . . . . �' .. .� • . � � . , �+ 1,• • • . , . . .. , , . • - �' _��'�.". • ' Tt" , ' ' •� , ' • • ' : ' t • � , ' �,' • ,�!�Y�'�. . '• ' U� `�" / � . . , . . � , ' � , . . . . �1. �� ' . � ' � y:� ' ' M • . . ... ' •� . �• r � , ', ., . ` , • � •'�'� � I' ♦•, . . jJ}\, .^� . L' • � � / • • ` . . . , . � � � � . J . � / / �•.�. . . � � � r\ `J �i, . . . . , � . . , ,..i i ,• , . �. : f : � rt��,• � , • . . \�� , . . . '� . , ... . . I•� •, ' . .! . •' . , . , . / . . . . ' ' � � , � , ' .� ' � . ..i"��'. . . 1 , . . . . . . . ti . �, % �� . . � .� ♦ � ' � •�.� � . . • '. 1 ORDINANCE N0. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS ANO AUTHORIZING THE SALE THEREOF The City Councti of the City of Fridley do ordain as follows: All that part of Lot 9, Auditor's Subdivision No, 25, lying northerly of the followin� described line: Commencing at the northeast corner of said Lot 9; thence south along the � east ]ine of Lot 9 a d�stance of 49.4 feet to the actual point of beginning. Thence deflect to the right in a west-northwester- ly direction along a line to its point of intersection with the north line of said Lot 9, said point being 335.8 feet west of the northeast corner of said Lot 9, and there terminating. is hereby declared to be surplus property, and the City Council is here- by authorized to sell the same. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1979. ATTEST: City Clerk - Marvin C. Brunsell First Reading: August 6,, 1979 Second Reading: Publish.......: Mayor - William J. Nee 0 3 ORDINANCE N0. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONIfVG DISTRICTS. The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Cade of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area with the County of Anoka and the City of Fridley and described as: Lots 2 and 3, Block 1, Herwall Rice Creek Terrace, lying in the South Ha1f of Section 13, T-30, R-24, City of �ridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as CR-1 (general office and limited business). SECTION 3. That the Zoning Administrator is directed to change the official zaning map to show said tract or area to be rezoned from Zoned District M-1 (light industrial areas) to CR-1 (general office and limited business). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. f3RUN�ELL Public Hearing: August 13, 1979 First Reading: Second Reading: Publish........ 4 5 MEMO T0: Nasim M. Qureshi MEMO FROM: Richard N. Sobiech MEMO DATE: August 8, 1979 Re: Change Order #1, 1979 Miscellaneous Concrete Curb and Gutter Contract Attached please find the referenced change order for parking lot improvements at 5900, 5908, and 5916-22 Street. The apartment owner made arrangements with the City contractor to perform the work in conjunction with an adjacent alley im- provement. The apartmen� owner has agreed to accept the assessments for the parking lot improvement which would be levied at the time of the final assessment for the alley improvement. It is requested that Council consider approva� of the Change Order at the meeting of August 13, 1979. RNS/jm PUBLIC WORKS DEPARTMENT Engineering Division City of Fridley Halverson Construction 4227 - 165th Avenue N.E. Wyoming, MN 55092 Re: Change Order #1, 1979 Miscellaneus Concrete Cur•b & Gutter Contract Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the 1979 miscellaneus concrete curb & gutter contract by adding the following guantities for the additional toal price of Figures The basis of payment will be on the actua1 quantities of work .performed at the following prices. ADDITTONS INCLUDES THE FOLLOWING ITEMS: Parking Lot Improvement for 5900, 5908, and 5916 - 22 Street Northeast. ITE� 1. 6-612 concrete curb & gutter 2. Construct concrete slab 6 2' X 8' k 4" QUANTITIES 412 Lin. Ft. F� Tatal Change Qrder #1 Original Contract Price Change Order #1 Revised Contract Price UNTT PRICE AMOUNT $9.50/Lin. Ft $3,914.00 $200.00/each $ 400.00 TOTAL......... $4,314.00 � 4,314.00 $57,470.00 � 4,314.00 $61,784.00 Submitted and approved by Richard N. Sobiech, Pub1ic Works Director on the 6th day of August, 19 Prepared b � L �� Checked by � _ � ; ,'/�Lv Richard fd. Sobiech, P.E. Public Works Director � � Change Order #1 Concrete Contract Approved and accepted this .� day of �� , 1979, by Halverson Construction. Approved and accepted this Halverson Construction ca.,F�/� •.��.% David Halverson - Owner 'SB day of , 1979 by the City Council. William J. Nee - Mayor Nasim M. Qureshi - City Manager 0 - - - - � �� _`� ,�� f"i �0 �".UI�� CONCUf�E7C(�10E �Y Tf-!� C11'`( COUNCIL APPOINTMENT —�--- Auc ust 13, 1979 � _.. � . ___.__ NAME Kathleen Williams 1705 143rd Avenue Ham Lake, MN 55303 POSITION SALARY Seni or 6�ord $762 Processing per Operator P•1o�th EFFECTIVE DATE REPL�ICES August��1979 Reallocation of Clerk Typist Posi- ion in Engineering . � /i=_ % C�"`�i . �) �".OR CO�ICURRENGE DY THE CITY COUNCfL - ESTIMATES � . G G PUBLIC HEARING ��T , AU usT 13, 1979 �._ —�. EDS Gonstruction Co. 360 Larpenteur Avenue West St, Paul, MN PARTIAL Estimate #4 - Municipa1 Garage Addition Halvorson Construction 4227 - 165th Avenue N.E. Wyoming, MN PARTIAL Estimate #8, 1979 Misc. Concrete Curb Y� Gutter Contract Allied Slacktop, Inc. 3601 - 48th Avenue North Minneapolis, MN 55429 FINAL Estimate No. 1, Project ST. 1979-10, SEALCOATING $18,622.00 $ 4,314.00 $34,893.00 % � T CITY OF FRIDLEY ENGINEERING DIVISION 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55432 Honorable Mayor and City Council City of Fridley c/o Nasim Qureshi, City Manager 6431 University A�:enue NE Gentlemen: August 9, 1979 CERTIFICATE OF THE ENGINEER 0 We hereby submit ESTIMATE #1 (FINAL) for Allied Blacktop, 3601 48th Avenue North, Minnneapolis, Minnesota 55429, for Street Improvement Project St. 1979-10 (Sealcoat) according to the Contract. 36,275 Sq. Yds. 49,328 Sq. Yds. Seal Coat W/FA-2 @ $0.35/SY $12,696.25 Seal Coat W/FA-3 Trap Rock @ $0.45/SY $22,197.60 AMOL'yT DUE ESTIMATE NUMBER 1 (FINAL) . . . . . . . . $34,893.85 Respectfully submitted, Richard N. Sobiech, P.E. Public Works Director Checked By � �� Prepared B � l._, �--�' �" cc: Allied Blacktop DZ/jm 7A � Date: August 9, 1979 T0: PUBLIC WORKS DIRECTOR CITY OF FRIDLEY REPOR7 ON FINAL INSPECTION FOR STREET IMPROVEMENT PROJECT ST. 1979-10 SEALCOAT We, the undersigned, have inspected the above mentioned project and find that the work required by the Contract is substantially complete in conformity with the plans and specifications of the project. Therefore, we recommend to you that the City approve the attached Fina1 Estimate #1 for the Contractor and the one year maintenance bond start from the day of the final inspection, that being August 9, 19790 � Construction Incharge \ r � � � struction Inspect � , � . Co ractor Representative �.