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12/08/1986 - 5163_ _� OF'FICIAL QTY �[JNCIL pGE1VII�1 �iTNCLL NEET7I� �ECEIMBII2 8, 1986 ,r. �_� t FRIDLEY CI TY COUNCIL 19 86 -?: 30 P. M. Following are the "ACTIONS TAREN" by the Administration for your information. •�_ _�M � �� • :.:�� Fridley VFW - Presentation of Donation Presented Bruce Peterson - Environmental Quality Commission Presented �• : • v , � Council Meeting, November 17 , 1986 Delete two lines on Page 14 ADOPT?ON OF AGENDA: Reconsideration of Special Use Permit #86-16 for Church on the Move Consideration of Authorizing Additional Funds to TRDA for Meadowlands Park •' � •�� •� (Consideration of Items not on Agenda - 15 Minutes) No response POBLIC AEARII�C� Public Hearing to Vacate the City-Owned Property Generally Located at Highway 65 Turnback . . . . . . . . Opened at 7:42 p. m. Closed - Continued to 12/22/86 ptJ�L•IG WORRS--ACTION TAKEN: Public hearing is on 12/22/86 agenda .�l-1B n Council Meeting, December 8, 1986 �-_� � •� � -. Pa ge 2 Consideration of Recommended Revisions of Section 4.05 and Section 12.08 of the Fridley City Charter .... 2- 2 A Opened at 7:47 p. m. Closed at 7: 50 p. m. �,ITY MANA,�ER--AC�ION TAREN: Placed on Dec. 22 agenda for Consideration of First Reading 0 � Consideration of First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 3, Entitled "Personnel" by Amending Section 3.03, , Entitled "Solidays" . . . . . . . . . . . . . . . . . . . 3 - 3 A �ITY MANAG�R--ACTION TAREN: P� aced on Dec. 22 agenda for consideration of second reading � Consideration of First Reading of an Ordinance Approving a Rezonfng Request, ZOA #86-05, to Rezone from M-2, Heavy Industrial, to R-3, General Multiple Dwelling, to Construct 358 Apartment Units, Generally Located South of 85th Avenue, West of University Avenue and North of 83rd Avenue by University Avenue Associates . . . . . . . . . . . . . 4 - 4 N Ordinance adopted on f irst reading �Oj�jMONITY ,pEVELOPMENT--ACTION TAKEN: Placed Ordinance + on next agenda for consideration of second reading a „�,..,�. �.", �..�, .-... .., ,� _ ..,. �. . ,� _, _ _.. . . . <� _.,. �._ . . .- :-,� � � = --- � � I� Council Meeting, December 8, 1986 NEW BUSINESS (Continued� Consideration of a Resolution Approving a Final Plat, P. S. #86-05, North Park Estates, Generally Located South of 85th Avenue, West of Dniversity Avenue and North of 83rd Avenue, by Oniversity Avenue Associates . . . . . . . . . . . . . . . Adopted with 6 stipulations (Stipulation �6 amended) Pa ge 3 . . . . . 5 - 5 C C MMONITY DEV LOPME -ACTiON �AREN: Notified applicant of approva2 with stipulations Receiving the Minutes of the Planning Commission Meeting of November 19, 1986 . . . . . . . . . . . . . . . 6 - 6 GG Received A. Receiving the Minutes of the Appeals Commission Minutes of November 25, 1986 A-1. Consideration of a Variance Request, VAR �86-31, to Reduce the Side Yard Setback on the Street Side of a Corner Lot from 25 Feet to 17.5 Feet to Allow the Construction of a Detached Accessory Building on Lot 30, Block 23, Ayde Park Adclition, the Same Being 5881 - 2nd Street N. E. , byEugene and Jean�Hagberg ....................... 6L-6N �p�eals Commi sion $ecommendation: Approval & 6W-6X Council Action Needed: Consideration of Recommendation Approved with 2 stipulations OMMUN,��Y DEVELOPMENT--ACTION TAKEN: Notified applicant of approval with stipulations � Council Meeting, D��mber 8, 1986 �_. •� t_-. (Appeals Commission Minutes Continued) A-2. Consideration of a Variance Request, VAR #86-32, to Reduce the Required Parking Stall Width from 10 Feet to 9 Feet to Increase the Number of Parking Stalls, Generally Located South of 85th Avenue, West of University Avenue, and Nortfi of 83rd Avenue, by University Avenue Associates ...:................................... �ppeal Commiss'on Recommendation: Approval Council Action Needed: Consideration of Recommendation Denied by a 4 to 1 vote 0 60-6U & 6Y-6GG COMMDNITY DEVEL9PMENT--ACTION TAREN: Inf ormed applicant of Council denial � Page 4 Consideration of an Agreement with the Anoka County Communications Workshop (ACCW) . . . . . . . . . . . . . . 7 - 7 C Appr ov ed POBLIC WORRS--ACTION TAR�N: Informed Anoka County Communications Workshop of Council approval Consideration of a Resolution Approving a Registered Land Survey (Creekridge Plat 2) , by Richard Brickner . . . . . . . . . . . . . . . . . . . . . 8 - 8 F Resolution No. 123-1986 adopted with 6 stipulations COMMONITY DEVELOPMEN'1L-A�TION T REN: Informed applicant of Council approval with 6 stipulations . Council Meeting, December 8, 1986 � � • _. �_ •� �.-. Pa ge 5 Consideration of a Resolution of the City Council of the City of Fridley, Anoka County, Minnesota, Approving a Supplemental and Restated Indenture of Trust Respecting the City's Commercial Developmen� Revenue Bonds (Fridley • Business Plaza Limited Partnership Project). ....... 9- 9 E � Resolution No. 124-1986 adopted I CENTRAI� SERVICES--ACTION TAKEN; Proceeded as authorized Consideration of a Resolution Authorizing Changes in Appropriations for the General Fund, Revenue Sharinq Fund, Home Ownership Fund, and the HRA Fund for the Fiscal Year 1985 . . � . . . . . . . . . . . . . . . 1,0 - 10 F Resolution No. 125-1986 adopted GENTRAL• SF,�yICES--ACTION TAREN: Proceeded as authorized Consicleration of a Resolution Approving and Authorizing Signing the Agreement Establishing Working Conditions, Wages and Aours of Police Officers of the City of Fridley Police Department of the Year 1987 . . . . . . . . . . . . 11 - 11 S Resolution No. 126-1986 adopted ,�,QLI�E DEPT.--ACTION TAREN: Executed and forwarded l� !� ' � Council Meeting, December 8, 1986 � . •� � .-. Consideration of a Resolution Authorizing Inclusion in An Employee Separation Benefit Plan for Employees of the City of Fridley Police Department . . . . . . . . ..12 Resolution No. 127-1986 adopted ,�OjajCE DE�T.--ACTION TAREN: E�nployees notif ied Appointment: City Employee . . . . . . . . . . . . . . . 13 Approved CITY MANAGER--ACTION TAREN: Informed Accounting of new em pl oy ee Claims . . . . . . . . . . . . . . . . . . . . . . . ..�. . 14 Appr ov ed CEI�RAL SERVICES--ACTION T,�REN: Paid Claims Pa ge 6 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15A Approved ' CENTRAL SERVICES--ACTION TAREN: Issued Licenses Estimates . . . . . . . . . . . . . . . . . . . . . . . . 16 - 16A Appr ov ed CENTRAL �ERVICES--ACTION TAREN: Paid Estimates f . �'' � i ' � �� Council bieeting, December 8, 1986 , , .� � _-.i] Consideration of Special Use Permit #86-16 for Church on the Move . . . . . . . . . . . . . . . . . . . . 17 Denied . COMMONITY DEVELOPMENT'--ACTION TAREN: Informed applicant of Council denial Consideration of Authorizing Additional Funds to TRDA for Drainage Plans for Meadowlands Park � . . . . . . . . . 18 No Action �OBLIC WORRS--ACTION TAREN: No action needed , �DJOURN: 9: 27 p. m. .,�-�m�.-m, - , - _ . Pa ge ? � FRIDLEY CI TY COUNCIL � DECE"�EP, 8, 19�6 - 7: 30 P, P �, ' � � : : PRESENTATION OF AWARDS: .. FRIDLEY VFW - PRESENTATION OF DONATION �iRUCE PETERSON - ENVIRONMENTAL QUALITY COMMISSION r:� a�;��.1�il�ii►a�� OUNCIL i�EETING, NOVEMBER 1�, 1986 ;11' 1 1 ; 1: 1' ► ► �i �CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) '-! -1 � :: PUBLIC HEARING TO VACATE THE CITY-OWNED PROPERTY GENERALLY LOCATED AT HIGHWAY 65 TURNBACK �� 1- 1 B �OUNCIL �EETING, DECEMBER g, 1986 ' ; . :: 11 1 1 PAGE 2 CONSIDERATION OF RECOMMENDED REVISIONS OF SECTION �4�05 AND SECTION IZ�OH OF THE FRIDLEY CITY CHARTER �.� 2- Z A 1 � : ► CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 3, ENTITLED `�PERSONNEL" BY AMENDING SECTION 3,03, ENTITLED ��NOLIDAYS" � � � � � � � � � . � � � � � � � � � � 3 - 3 A CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A REZONING REQUEST, ZOA #86-05, TO REZONE FROM M-2, iiEAVY INDUSTRIAL, TO R-3, GENERAL P�ULTIPLE DWELLING, TO CONSTRUCT 35H APARTMENT UNITS, GENERALLY LOCATED SOUTH OF $5TH AVENUE, WEST OF UNIVERSITY AVENUE AND NORTH OF g3RD AVENUE BY UNIVERSITY AVENUE ASSOCIATES � � � � � � � � � � CONSIDERATION OF A RESOLUTION APPROVING A FINAL PLAT, P�S� #g6-O5, NORTH PARK ESTATES, GENERALLY LOCATED SOUTH OF HSTH AVENUE, WEST OF UNIVERSITY AVENUE AND NORTH OF g3RD AVENUE, BY �NIVERSITY AVENUE ASSOCIATES � � � � � , � � � � � � � � � � ,,,4-4N ,,,,5-5C �OUNCIL MEETING, DECEMBER g, 1986 NEW BUSINESS (CONTINUED): PAGE 3 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING oF NOVEMBER 19, 1936 . , , , , . , . , , .�, . , 6 - 6 GG A� RECEIVING THE MINUTES OF THE APPEALS COMMISSION ��EETING OF �OVEMBER 25, 1986: A-1� CONSIDERATION OF A VARIANCE REQUEST, VAR #86-31, TO REDUCE THE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT FROM 25 FEET TO 1%,5 FEET TO ALLOW THE CONSTRUCTION OF A DETACHED ACCESSORY BUILDING ON LOT 3O, BLOCK Z3, HYDE PARK ADDITION, THE SAME BEING 5g$1 - ZND STREET N�E�, BY EUGENE AND .JEAN HAGBERG � , � � � , � , � � � � � � � � � � � � . 6L-6N �ppFALS COMMISSION REGOMMENDATION; APPROVAL & 6W-6X Courvc t � AcT i orv iVEEDED ; CONS I DERAT I ON OF RECOMMENDATION A-Z, CONSIDERATION OF A VARIANCE REQUEST, VAR #86-32, TO REDUCE THE REQUIRED PARKING STALL I'�IDTH FROM IO FEET TO 9 FEET TO INCREASE THE NUMBER OF PARKING STALLS, GENERALLY LOCATED SOUTH OF 85TH AVENUE, I��EST OF UNIVERSITY AVENUE, AND "�ORTH OF H3RD AVENUE, BY UNIVERSITY AVENUE ASSOCIATES��,�� 6O-�U APPEALS COMMISSION RECOMMENDATION: APPROVAL & 6Y-:6GG COUNGIL AGTION NEEDE�; �ONSIDERATION OF RECOMMENDATION • � �OUNCIL MEETING, DECEMBER g, 1986 1�: 1 1 1 � PAGE 4 CONSIDERATION OF AN AGREEMENT WITH THE ANOKA COUNTY COMMUNICATIONS WORKSHOP �ACCW) � � � � � � � � � � � � � � - � C CONSIDERATION OF A RESOLUTION APPROVING A REGISTERED LAND SURVEY �CREEKRIDGE PLAT 2), BY RICHARD BRICKNER � � � � � � � , � � � � � � � � � � � � g ' g F CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA, APPROVING A SUPPLEMENTAL AND RESTATED INDENTURE OF TRUST RESPECTING THE CITY�S COMMERCIAL DEVELOP- MENT REVENUE BONDS �FRIDLEY BUSINESS PLAZA LIMITED PARTNERSH I P PROJ ECT) � � � � � � � � � � � � � � � � � � 9 - g E - CONSIDERATION OF A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, REVENUE SHARING FUND, HOME OWNERSHIP FUND, AND THE HRA FUND FOR THE FISCAL YEAR 1985 � � � � � � � � � � � . � � 1� --10 F .■ CnuNC1� MEETING. DECEMBER g, 1986 ► , : 1 1 I PAGE 5 CONSIDERATION OF A RESOLUTION APPROVING AND ' AUTHORIZING SIGNING THE AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF POLICE � OFFICERS OF THE CITY OF FRIDLEY POLICE DEPART- MENT FOR THE YEAR 1987 � � � � � � � � � � � � � � � � � 11 - 11 S CONSIDERATION OF A RESOLUTION AUTHORIZING INCLl1SION IN AN EMPLOYEE SEPARATION BENEFIT PLAN FOR EMPLOYEES OF THE CITY OF FRIDLEY • POLICE DEPARTMENT � � � � � � � � � � � � � � � � � � � � 12 APPOINTMENT; CITY EMPLOYEE � � � � � � , � � � � � � � , 13 �LAIMS � � � � , , � � � � , � � � � � � , � � � � � � � 1� _ LICENSES , , , , , , , , , , , , , , , , , , , , , , , , 15 - 15 A ESTIMATES � � � � � � � � � � � � � � � � � � � � • � � � 16 -.16 �i :� � :► THE MINllTES OF THE FRIDLEY GITY COUNCIL MEETIP�G OF NOVE��IBER 17, 1986 THE MIN[Ti`ES OF � R��.�►R I�ETII� OF THE PRIDL�Y CITY COONCIL_4F_ �iU_VEMBER 17. 1986• Zhe Regular Meeting of the Fridley City Gbu�cil was called to order at 7:40 p. m by I�yor Nee. PZ,IDGE OF ALLDGIANCE • l�yor Nee led the mtmcil and audienoe in the Pledge of Allegiance to the Fl ag. RDLL CAL�L • NENBERS PRESII�T: Mayor Nee, Q�imcilman Barnette, O��cilman Schneider, �tmcilman Fitzpatrick and Coiaicilman Gooclspeed N�NBFRS ABSIIJT: None APP�7VAL OF NiIN[TPES • QOL?�'TL I�+1��NG. I9QV_II�ER 3. 1986 • Cb�mcilman Goodspeed stated the minutes should reflect he did not vote in favor of the motion on Page 17 regarding the ACGW's allocation of the f ranr.hi se f ee. t�DTION tr,� Cbimcilman Schneider to app�we the minutes of November 2, 1986 with the above a¢nenclnerit. Seaonded tr� O��cilman Fitzpatrick. Upon a voioe vote, all voting aye, l�yor Nee declared the motion carried unanimously. ,ADOPrION OF AGETIDA• Zhe fo].lowing items were added to the agenda : (19) Consideration of a Ra�uest for the �ritinuation of a Varianoe Granted to Pickwick Bookstore for 120 square feet of free standing sign space; (20) Consideration of a Resolution to Authorize the CYty I�nager to Execute an Agreement with the Metropolitan �imcil for the �,inding of Performing Arts for Springbrook Nature deriter; and (21) Consideration of Setting a Public Aearing on Hic�way 65 �.irnback Property. M�TION by Q�imcilman Fitzpatrick to acbpt the agenda with the ab�ve additions. Seoonded b� Cbimcilman Gooclspeed. Upon a voice vote, all v�oting aye, I�yor Nee declazed the mation carried t�nanimously. OPEN F(?RUM. VISI�RS• 7here was no resp�nae frcm the audienoe �der this item of busirress. PUBLIC HEARINGS: • � � �� ' _- � �� • _ ��' � �� '��.� �� ! : . • � _�� i _ • � L� � � � s � I� ��i_.i_ �� ' �1 I�1'L �t��_ � � �.��1 � • k� � : � ': ' V , 1� _ _ ��± � '� _ ! r; 4�+� '�.�4' • 4: �_� • 1��!�� ; ��1 s_�!� �.� � 4 • •�� • �?+�1 1�1�� : l�+1 Z _� s_4 —1— �i�. y. �_ ,�!�.� .� � ' �.��la�,�i: �• C�:�� rDTICJN by Q�imcilman Barnette to waive the reading of the public hearing notiae and open the public hearing. Sec�onded b� Cb�mcilman Sd�neider. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:44 p.m. Mr. Robertson, CJommunity Developnent Director, stated this rezoning is requested in orc3er to oonstruct a 358 Lnit apartment complex between 83rd and 85th Avenues imnediately east of the Springbrook Nature Center. He stated the Gbmprehensive Plan has ideritified this area as potential housing in both the land use and housing portions. Ae stated because the rezoning which is being souc�t is different frcm the S-2 classification in the 1990 Land Use Map, an amendnent to the O�mprehensive Plan has been f il ed and i s being reviewed b� the Nfetrop�litan (btmcil. He stated this response should be available in early Deve�r►t�er, prior to the first reading of the rezoning ordinanoe. Mr. Robertson stated this Frop�sed oomplex would be served on the south tr� a 10 inch sanitary sewer line and a 12 inc� water line located in 83rd Avenue. He stated storm drainage will be handled through on-site ponding and also through the cAnstruction of a p�nd on the Nature Gtenter property. Mr. lmbertson stated the average daily traff ic on University Avenue is 35,867 v�icles anc3 projected 1988 traffic is 42,000. He stated the current average daily traffic for 83rd Avenue is 411, with a projection of 1,400 for 1988. He stated the proj ect would provide ingress and egress f rom two c3rivavays onto 83rd Avenue and BartorrAsct�nan, the traffic oonsultant, has projected the same level of traffic after oompletion of this project. Mr. Robertson stat�ed a trunpet median was installed on 83rd Avenue which allaws for ric�t in and ric�t out traffic mavenent only. He stated the developer has expressed an interest in a traffic sic�al at 83rd Avenue and University. He stated the Minresota D�epartinent of ZYansportation policy dictates that traffic sic�als can only be installed when the existing traffic c�ounts meet prescribed warrants. He stated a future roadway between 83rd and 85th Avenues was a�nsidered in this develognent planning process which has resulted in a 65 foot ease�nent being reserved across the north end of the devel ognent. Mr. Robertson stated an Envirormental Assessnerit Worksheet has been pre�ared b� Barton-Asc�unan because of the size o� the ddevvelopnent is over 225 units. He stated this worksheet has been sutnnitted to the Environmental Quality Board and the 30 day aam�nent period will end on Deoe�nber 3. Mr. R�bertson stated a�rime �noern has been the �oximity of this proposed developnerit with the Springbrook Nature Center. He stated staff oonsidered the quality of the developnent to be the utmost priority and encouraged a layout sensitive to the Nature Center. He statea staff and the Springbrook Nature Qenter FbLmdation wanted to insure adequate screening which would be cbre throuc� berming and extensive screening with lanc7scaping. Ae stated there also would be a six foot security fenoe along the developnent side of the bernn with two acoess points pravic3ed including turn-style c�tes. Mr. Robertson statecl there would be nirie builclings with a total lot ooverage -2- ��. _ M��-L7 � ��J��ti�.� �� of 23$ which is �nder the 30$ allawed. Ae stated the density is sl ightly over one unit per 2,500 square feet of lot area. Ae stated the Code requires 716 parking spaoes and the plan provides for 743 parking spaces, 237 of whic.h are mvered garages for 66$ of the units. Ae stated surface �arking includes 486 standard stalls and 20 handicapped stalls. He stated the �arking stalls are nine feet wide and the developer has mac� apglication for a varianoe which will be processed through the Appeals Commission on Navenber 25, 1986. Mr. Robertson stated the Springbrook Nature �riter Fb�mciation has supported the general aonaept af this develognent. fle stateci their items of ooncern involved planting, fencing, ponding, b�arc�aalk, access trails and program outreach. Ae felt these areas have been addressed and stated the outreach prograQn is to inform new residerits of the apartment oomplex of the Nature Clenter's Frogran. Ms. Linda Fisher, legal counsel for the developers, stated the princip�ls for this developnent are Ken Belgarde, Cliarles Belgarde and Harry Yaffe. She stated the p�roject architect is Janes Cboperman an Assoc.iates; lanctscape architect is D�vid Rirsht Associates; fill engineer and land surveyor is Aarry S. Johnson; drainage engineer is CCST, Inc; anc] Barton-Asc.hman was the traffic engineer and pre�sred the �virormerltal Assessnent Worksheet. Ms. Fisher stated they have worked closely with the Springbrook Nature aenter Fbundation and their Executive Director. She stated there were several orr-site visits made to the Nature Cgnter and they reviewed their glans with the enti re Founclation. She stated the Foundation adopted a res�lution supporting the general oonoept of this developnent ancl will ooritinue to work with then to review final details. Ms. F'isher statec7 they have requested assistance with this project in the form of taxable tax increnerit bonds and ta�ble housing revenue bonds, and the general ooncept has been approved by the ARA. She stated they are workinq with staff to negotiate a developnent a�ntract. Ms. Fisher stated the developers have over 20 years experience in multi-fanily ix>using. She stated they developed the Cliffs project in Minnetonka and Four Seasons in Plymouth as well as the East River Road Business Cleriter in Fric�ey. She stated in terms of multi-f�nily housing, the developers build for long-range aanerstzip. She stated the c3evelopnent proposed consists of 358 high quality apartments of nine, three story buildinc}s. She stated the exteriors would be earth-tone brick with protruding balconies. She stated both surface and garage parking is prwided and the project includes a mix of one, two, and three bedroan �mits with rents ranging from $520 to $675 per month. She stated some of the aunenities include oamm�ity and recreation rocros with sacma, whirlpool and e�oercis� faci.lities. 5he stated there would be walkways and jogging paths arotnd the entire perimeter with volleyball, tennis, and basketball courts, playgro�a area, and swimming pool. Ms. Fisher stated there would be berming on the site and extensive landscaping. She stated she felt a good compromise had been reached -3- k� �1�. � ,�!�� : ��i��i: �• ' : . regarding writrol af the acoess irito the Nature Glenter. Ms. Fisher stated they have worked with staff and the Watershed District on a drainage plan and the rate of rLn-off will be equal to or less than the r�-off before developnent. She stated they are providing two on-site denterition ponc�s and a third pond will be on the Nature Genter site, with the quality of the r�-off impraving after develognent. Gbt,mcilman Goodspeed questiorred the a¢nenities in this project aompared with similar housing projects a�nstructed by the developers. Ms. Fisfier stated early in the c7evelopnent prooess, staff was searching for a way to j udge qual ity. She stated staff toured the Cl if f s in Mi nne tonka and asked for a aom�arative lising of features for informational purposes. She stated sinoe then they have oome up with a list resolving ariy questions with that oomFarison and the anenities they actually pcopose. Mr. Ren Belgarde stated it would take ap�xoximatly 30 months to oonstruct this �xoject and they hoped to adjust the amenities to the neecis of the renters. He stated wherever there is a strong need in one area or not a need, they w�uld adjust ac�rdingly. ��mcilman Goodspeed stated his wnoern is it may not work out if there is the opp�rtimity given to change the amenities. Ms. Fisher felt it would also be in the City's interests to have the flexibility. Gbimcilman Schneider asked if some of the buildings would be geared more taaarcls fanilies versus young marrieds and singles. Mr. Belgarde stated some of the buildings will be for adults and others would allaw children. He stated they may even �avide a different building for persons 50 and over. He stated there would be housing to meet everyone' s �ecls. onimcilman Schrieider questioned if the �arking was adequate. Mr. Robertson stated it is above the minimun outlired in the oode. Ms. Fisher state� they dis�vered an error in o�mputing the parking s�aoes and there are actually 729 sFeoes, which is above what is requi red by c�ode, rather �an 743 s�aoes. Gbimcilman Goodspeed aske8 if t-here would be an additional charge for rental of a garage. He stated his ooncern is tenants may not want to rent the c$rages and there woulch't be sufficient Farking. Ms. Fisher stated there would be a charge for a garage and this same question was cliscussed with the City staff. She stated it has been their e�erienoe that usually there are not suff icient garages to rent. She stated if this was not the case, the developer has s�ce on site to ac7d parking. She stated there is a�ndition that gives the City vontrol, if this should happen. Qoimcilman Schr�eider asked if the building was sprinkled. Mr. Belgarde stated the buildings cb have a sprinkling system. -4- �,� 1�.� V�� . �i' � �i��yl: �i' ' � •J Cbimcilman FitzFatrick stated his a�noern was how this project interfaces with the Nature Center and this has been ac3dressed. Ae stated the Nature der�ter Fbundation itself felt satisified and, apparently, expressed no reseroations. Mr. Robertson outli.ned 12 stipulations a�nverning the relationship of this cievelopnent with the S�xingbrook Nature G�nter. No other persons in the audienoe sp�ke rec�rding this proposed rezoning. NDTION tr� Gbi.mci2man Gooclspeed to close the public hearing. Seoonded by �uncilman Schneider. Up�n a voioe vote, all voting aye, l�yor Nee cleclared the motion carried unanimouslg and the publ ic hearing closed at 8:15 p�. m �� i � � i �s � s : • I , � � _I�T � � � f - - ,� �i_ �i s _'L� ��'L: � • 4� i �,1 1 _L � ��_ �_ i � ,1 i_�1� �\�_1 S � f � � � �_ �l. ��L_ • _ �T Z !� 1_ f__ '•J� .f _i� NDT�ON by Gbimcilman �.tzpstrick to waive the reading of the pulal.ic hearing notioe and open the public hearing. Sea�nded tr� Q�uncilman Gooc�peed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publ ic hearing opened at 8:16 p. m. Mr. Rnbert9on, (bmQn�nity D��relopnent Di.rector, stated this plat includes one block and two lats, IQt 1 being the developnent Faroel and Lot 2 being the renaining paroel. He stated Lot 2 is included in the plat because it is ore tax parael. He stated an eas�merit is required on the east and north edges of this plat for possiY�l.e future acoess kaetween 83rd and 85th Avenues. Mr. lmbertson stated there are si.x stiupulations associated with this plat, which he outlined as follaws: (1) developer subject to fair share of assessnents on p�ssible future raad along the north end of develognent site; (2) property awner agrees to provide on plat an additional 65 feet wide ric�t-of-way for a loop on Lot 2, Block 1, to provide a future road oonnection between 83rd and 85th Avenues; (3) Lot 1 and Lot 2 are subject to �erk fees as follaws: Lot I, 358 �its at $500 per �nit or $179,000 (total anotmt to be Faid with first building permit) and Lot 2, $6,212 (270.072 x .023) to be �aid with building permit or replatting, at the p�evailing rate; (4) desic�ate existing 33 foot ease�nent on south as dedicated right-of-way on plat; (5) develognent waterline should provide for two stubs on the northern section with tees and valves ancl 000rdinated with City Engineer; and ( 6) devel ope r agr ees to �ay up to 2 5$ of non-publ ic a� st asso ci ated w ith possible sic}�►alization on 83rd and University Avenues and at 85th Avenue anc3 future acoess road. Mr. Qureshi, City Manager, stated if a siglal is warranted, this developnent would bear the c�st of what the City ryormally oontributes. Ms. Fisher stated the stipulation in regard to the traftic signal was not address2d when the plat was reviewed b� the Planning C�nission. She stated she was aware o� this stipulation on Nwenber 7 and felt it was reasonable, however, there are a ntunber of other properties that would benefit and _� k�.L�: ! ,�!�±�M �� l�„i: at� • :�. proposed establishing scme peroeritage on a possible future assessment for their developnent. Ms. Fisher stated Bartorr-Aschman pc�avided an analysis of what this peroentage should be and came with a figure lawer than staff rea�manenc3ed. She stated they w�oul d 1 ike the opp�r tunity to rev iew these peroeritages with staff. No other peraons in the audienoe spoke regardi.ng this f inal glat. I�DTD�N tr� Gbtmcilman Fitzpatrick to close � Gbumcilman Barnette. Up4n a voioe vote, all the motion carried unanimously and the putali • ,� : � , e public hearing. Seconded by voting aye, I�yor Nee declared c hearing closed at 8: 25 p, m. �� ; .� � • i �� ;_ • � : . . • _-- -' _-�. �• �/i � :M �• �,� �i.___ �� i �1� s ' � i�!� �i i /�� T) ��!M • 4s� M�h! Gbu�cilman Schneider stated at the last meeting, staff pravided the Council with information which had been requested in regard to this request for a special use permit. Ae felt the two key issues were the lease agreement with Zbtino-Graoe for the Farking anc3 the recreational easement. He stated he inderstands Totirio-Grave's School Board has not taken a formal action, but the Executive Board has indicated a favorable passage of the parking agreenent with Church on the Nbve. He stated in regard to the recreational easanent, he questioned the duration of this easement. Ae stated as he interprets it, if Church on the Move was to sell same of thei r property, the easement terminates. He felt as long as (hurch on the Move is using this Faroel, the easement should be enforoed. Mr. Aerrick, City Attorrey, stated Churc.h on the Move's legal vounsel and his office have reviewed the preliminary draft for this proposed recreational easement. He felt there was agreement that if the Council pcooeec� to grant the special use permit, a mutually satisfactory agreement can be reached in terms of the easement. He felt the Council was not oomunitted to exict language in the draft before them and changes oould be made. (bimcilman Sc�neider stated c�uring the hearing on this special use permit request, a nLmber of issues were raised regarding potential future use of this property. Ae felt there are ma� questions and problems to be resolved, if Church on the Move wanted to expand their use of this Froperty. fle felt they probably ooulc3l't meet the oode for access onto Garclena and would look unfavorably on aco�ess fran O�kwood Manor or Hillcrest Drive. He stated there is also the issue of the drainage. He stated his ooncern is, in several years, Cht�ch on the Move have substantial investment in this property and dich't want than to �me back with this as the basis of the arc�unent to allaa expansion. Ae stated in fairness he wanted to let the petitioner lmaw his feelinc}� and oonoerns in regard to any future plans to expand Coimcilman Barnette questioned the current status in regard to awnership of -6- ��.1�. N_ �L�±�4��+_ • �!.��,�i: a�; � : . �'11S �XO�rtj7. F�v. Anc3erson stated the� are waiting for oompletion of the bond sales and closing will be in four to six weeks. He stated they have signed an iritermediate aontract to tie then wer before the bonds are sold Mr. Aerrick felt there was not a prohlen in prooeeding with action on the special use permit, if it is �r�tingent up�n Church on the Move acquiring fee title. Ms. Gail Minear, 1291 Gardena Avenue, questioned the alternative plan for parking, if Zbtino--Graae is t�sing their lot. Rev. Anderson stated this was discussed and it seems there would be a �nflict only one time of the year when Totino-Graoe has a major event. He stated if there are o�nflicts, they would use their Camden facility for parking and bus the parishiorers to d�urch servives. He stated Totino-Graoe is to give then seven chys notioe if they have activities glann�ed and C�urch on the Move cannot use their parking so other arrangenents can be made. Mr. Roith, 1314 Hillcrest Drive, stated both the lots on Oakwood Manor and Aillcrest Drive are buildable lots and ooulch't see �mbining then into one tax paroel. Mr. Herrick stated it was his is►derstanding that the lot on Hillcrest Drive was not to be included as Fart of the main paroel. Mr. Roith stated he �derstancls the lot on Oakwood Manor oould be built on as it was platted before the present �de went irito effect. Mr. Fmbertson stated this was a legal lot when it was platted and the onl.y question is if it is a legal non-oonforming lot at this time. Mr. Herrick stated if it was oonforming at the time of the plat, it would be aonsic3ered a buildable lot. Re�v. Anderson stated in original discussions, there were thoughts about selling these two lots in order to make sure there would not be any driveways onto Aillcrest Drive or Oakwood Manor. Mr. Herrick stated the lot on Oakwood Manor would be used for access into the recreational area. Ae stated the question of easement acoess for vehicles is a separate issue fran whether the lot should be included in one tax paroel. He statec7 it could be included as one tax parcel and still allaw vehicle acaess or exclude it and allow vehicle access. He stated if the Iats on Hillcrest Drive and Oalaaood Manor are not included with the main Faroel, they aould be s�ld and developed as residential paroels. He stated if they are included, a lot split would be neoessary before they could be sol d. it�v. Anc3erson stated at the suggestion of the ��mcil, he had the attorneys for the bond company re-write all the oontracts to se�rately list the -7- ��L ��.a � 1l�� y1:�.9I• • � •1 Hillcrest lot s� they oould satisfy the request to keep it as a separate �aroel. Mr. Md�auc�lin, 1050 Gardena Avenue, asked if any action had been taken on his request for a traffic sicpal at Gardena and Old Central. (btmcilman Schneider stated staff sulxnitted a traffic study which showed that traffic on Gardena Avenue is wm�arable or less than on other streets of a similar nature. He stated the Police reports indicate only two accidents sinoe 1981. Mr. McLauc�lin stated the City should revisa those reo�rc� as he personally saw mc�re than two accidents. N�yor Nee statec� the accidents referred to in the rep�rt were adjaoerrt to Totino-Graoe. Mr. McLauc�lin stated there are certain hours when there is a high cancentration of traff ic and this situation is not vovered tr� traff ic ootmts. Mr. McLaughlin asked if this site meets the Comprehensive Plan. Mr. lmbertson stated the polic,y statenents of the Cbmprphensive Plan include the whole idea of reic�borhood servioes in residential areas and the Zoning Code allaas churches in residential areas with a special use permit. Mr. Mc�,aughlin stated his ac�noern is there has been no specific review of this proposal relative to the Com�ehensive Plan. He stated he obj ected to granting a special use permit on the basis of a parking agreement with Zbtino-Graoe. He stated the differenoe in what is required and what is available requires a varianoe and questioned if Ct�urch on the Move applied for a varianoe. Gbtmcilman Schneider stated 180 stalls is required and Totino-Grace has 260 stalls available. He stated the whole key is that Church on the Move obtains the lease agreenent for parking with Zbtino-Grave. Ms. Olga �lmer, 1329 Gardena Avenue, asked if signalization cannot be pravidecl, if a three-way stop ac�uld be installed on the east side of Gardena and on the nprth and south sides of Old Central. Mr. Flora, Public Works Director, stated �the �tmty oontrols Old Central so the City oouldz't install sic�age on this street. He stated the traffic on Old Central between Rioe Creek Road and Highway 65 is presently being re�viewed and it is proposed to Iimit acoess wntinuing south on Old Central and pravide better mavenent aF traffic alonq Rioe CYeek Road. Cbu�cilman Schnei der stated the only rati onal e f or deny ing a spe ci al use permit has to be in the areas of health, public safety or welfare. He felt if the special u5e permit is granted, it should be reviewed in six momhs so any problans a�uld be addressed at the end of this period. rDTION b� �lmcilman Sc3lneider to grant special use permit, SP #86-16, with the following stipulations: 1. All existing harclsurfaoe areas to be improved with sealooatinq, curb � ��I�,, � M! �M��. � � ��Mt: �1' ' : • and gutter and strip�ng; impcavenent date to be reviewed and set in ore year. 2. An ap�,xaved danpster enclosure or location to be installed by December 30, 1986. 3. Remave or repair deteriorating playground equipnent by Deoember 30, 1986. 4. Cbmbire individual lots irito one tax paroel with the exception of the lot froriting on Hillcrest Drive. 5. Pravide for, and reoord at Anoka Q�tmty, a parking use easement with Zbtir�o-Graoe Aicj�, for use of 7.btim's parking lat (off Gardena Avenue) on Sundays for a minimLmn of one year, prior to commencing chureh activities. FLlrther, the special use permit will r�t be granted until staff and the City Attorney review this cbc�unent. 6. S�ecial use permit �86-16, for church uses, is to be ooterminous in duration with parking use agreenent. 7. Special use permit #86-16 is issued for the use of the existing c�mnasiun for church servioes on S�mdays for Qlurch on the I�bve only. g, S�ecial use permit #86-16 does not a�ver any tyew oonstruction for any building or �sving expansion. 9. A$5,000 bond to oover Items 1-4 to be issued to the City before oomnencing church activities or final written approval for a special use permit by Ci.ty. 10. S�ecial use pern►it #86-16 to be r�iewed prior to expiration of parking agreenent and in six months. 11. Progra�mied activities will not exceed parking suppl ied on site anci at Zbtino-Graoe Aic�, when available. 12. A recreation easement, along with appropriate access easements as determined by City CAUncil, in fanor of the City of Fridley, to be reo�rded at Anoka Gbunty prior to o�m�nencing churc3� activities or final written appcaval for speci.al use permit tr� the City. 13. Provide a c�mnasiuQn/church seating diagram for Fire Department apFroval, prior to oom�nencing churc�i ackivities. 14. p,pprcyval af speci,al use permit �86-16 is o�ntingent upon fee title by Faith A�caciany or �urch on the Nbve. 15. Pravide drainage easements, as determined tr� Public Works Depari�nent, prior to oonm�encing church activities or final written approval for special use permit by City. -9- �.!�.��_ ��!�M . •' �.�s�ic �• • :. 16. Gbtmcil appraval is required for any Feving expansion on the �renises. Seac�nded tr� Cb�mcilman FitzFatrick. tJp�n a voiae vote, all wting aye, I�yor Nee declared the motion Qarried unanimously. Cbimcilman Sch�eider thanked staff for their work in supplying all the background information. Ae also thanked the residents of the neic�borhood for thei r oor�unents. Ae stated Churrh on the Nbve tried to respond to the needs of the neic�borhood and hoped eveYyone ooulc3 work together. �• �� • * l4.i :�. •a• [;_• ;:. • � s , '�� ;�+� .�l4� «� •,� y • �� • �� . 4�� '_• �4: ��! �� , .�� e.0 � � � • �_��.. 4�i •� • • � - � � ;�� 4� • �• � • �+� •,�� . �� ' • '�4' ' �� . �l��,� �_ . _ �.� ! � • Z!4�L_ __ �� .�?�� . � ,zi� Y.� � �4� M� i�.� � �4� � � • • .: •'�4:! :.� �� i�� ' �.�.� � ,'1� �� :_4_�� _ L� �!� � ��.0 i � �� . �_ � �,� y � �.�.' �L � � ,� � _�� 4� .:_� :_�� i�.V � �?I� �f : !1 sl Y �1 ( :_ •� i�� i� _ �. _4 _ � : . � . . � � � i�:.� � ��: � � �:.r�_ Mr. Robertson, O�nuzity Developnent Director, stated staff oonducted a stuc� on the ratio of �arking versus square footage at clinics in Fridley. He stated the Fric�� Plaza aini� �a r�i�.� r�ai�i clini� bath have a ratio of one Farking stall per 175 square feet of floor area. Ae stated Dr. Dahl is proposing to mnstruct a clinic with 6,400 square feet in addition to the existng clinic which oontains 1,600 square feet. He stated this would be a Farking of ratio o�f one stall for �ery 205 s�uare feet of floor area. He stated if the rrew clinic was reduced from 8,000 to 7,500 square feet, four additional parking s�aoes cAUld be added to increase the parking ratio of orie stall for �ery 150 s�uare fee� Mr. l�bertson stated in reviewing the requirements of neighboring cities, most require or�e parking stall for every 150 square feet of floor area, hawever, New Bric�ton requires one s�aae for every 200 s�uare feet. Dr. Dahl, the petitioner, felt there was a major difference between a medical clinic and chiropractic clinic. �He stateci he �ntacted the Fridley Medical Qinic and was told they have apjxoximately 20 medical cbctors with one nurse per d�ctor, six assistants anc3 20 or more clerical personnel. He stated they have 50 or mor e staf f pe r sonnel at any one time usi ng thei r �arking. Ae felt if this was taken into oonsideration, it changes the nunbers rather drastically. Ae stateci the real issue oomes c3own if the ratio should be 1 to 175 or 1 to 205. He stated he presently has a staff of six peogle and if this cbubles, it would be anazing. He stated if you take irito oonsideration the staff, the 25 or 30 feet square foot difference appears to be very minimal. Dr. Dahl stated, in regard to staff's re��nendation to reduoe the building by 500 feet, he dic�'t know how this would affect the interior layout as he hasn't had time to review it. Cbimcilman Barr�ette asked what the guarantee would be this would remain a chiropractic clinic. -10- �l�i��. �_ yi�l��. �i� ��+yl:.�l� ' : • Dr. �ahl felt the City has guarantees through the zoning and the garking requirenents. He stated he felt there is more �arking than they will ever need and didl't think it would pose a prolalen. Cbimcilman Schneider felt there should be sane modifiwtion to either rec�.ioe the square footage of the building or to have a commitment that if additional parking is needed, the existing building would be removed to allaa for parking. Mr. Qureshi, City Manager, felt because of the size of the paroel, the strictest inter�retation of the ordinance should be enforoed which is a �arking ratio of one stall for every 150 square feet of floor area. He stated a suggestion made was to allaw the developnent and ,if there is a parking problen in the future, the existing builc3ing woulcl be removed to pravide Farking sFaoe. Ae stated the City has experienced problems with parking at clinirs and wanted to avoid these problens in the future. Dr. Drahl stated he has a problen in meeting requirments that are more stringent than those applied in other aases. Mayor Nee stated it oomes cbwn to the fact that it has to be possible for Dr. LL�iil to park all the vehicles on his p�operty. He stated the problen arises because Dr. �ahl. wishes to keep the existing building and add another 6,400 square foot building. Dr. A�hl asked if he o�uld wnstruct the Fropoeed building of 6,400 aquare feet and keep the existing building, if he agreed to remove the existing building if a Farking prohlan arose. Mr. Qureshi stated if there is a problen, at the City's discretion, Dr. Lhhl would have to �ravide �arking on the basis of a ore Farking stall for e�very 150 square feet of floor area. Gbtmcilman Schneider questioned haw an agreement oould be enforced if Dr. Dahl felt there was enough parking and the City did not feel it was s�f icient. Mr. Aerrick, City Attorney, stated there would have to be a written agreenerit by both �arties and macle applicable to any future awners of the peroperty and rec�rded. Ae stated if the City made a determination that there was a�arking problen and ordered the building to -be renoved and Dr. Dahl or his sucoessor reEnsed, the question would have to go to the wurts anci ob�tain a j udge' s or de r to enf or oe it. He statecl he imagiryed the bu r de n would be on the City to show the meaning of the agreenent and facts that there was a�arking problen and the agreenent should be enforoed. Dr. Lhhl stated one af the stipulations was imFravenents were to be made to the existing structure to matdi the r�ew wnstruction. Ae stated if there is the p�tential that in the future this building may be renwed, he questiored if he had to make the impravenents. I�. Qureshi felt to make the develognent oohesive the exteriors of the -11- �� l�Mi MI�±�M��. � ' �!.1��!-.� ' �� buildings should be the �ame. Ae felt ar�ther option is to reduoe the size of the rew building in order to Frwide additional parking. Councilman Schneider stated he believed the Council is trying to do everything to make this work for Dr. Dahl, as his proposal involves a rezoning and five varianoes to allaw two builc�ngs on a single lat. He felt Dr. Dahl should sulmit a prop�sal on haw he woulci meet the oode if there was a goblen. Mr. Aerrick suggested the staff and Dr. Dahl c3raft a cbcument they both agree upon and submit it to his offioe for review before the Council �nsiders it. Dr. Dahl asked if there would be arry allawanoes in the ratio of one parking stall for �ery 150 square feet of floor area, without an agreement. He questior�ed if the size of the rew building was reduced to meet a ratio of o�e stall for every 175 square feet, if this would be acoeptable. Mayor Nee suggested he meet with staff as he felt some af the nunbers should be wor ka41 e. NDTION b� Cbtmcilman Schneider to table this iten in order to give Dr. Dahl time to prepare a proposal, meet with City staff, and draft an agreement to be reviewed b� the City Attorney and brought back to Qouncil. Seoonded by Q�Lmcilman Gooclspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried tmanimously. �• _ �� . � � � � _.� . � • _�� y. . . � , �Li � � � M � � � � •i_��_i�• �_;_ Q�imcilman Fitzpatrick statec3 he dich't agree with the prooess of sutrnitting something for ooiranerit. He felt when o�mments were irivitecl and none are made, it is taken as ap�xaval of details that aren't being considered. He stated this is a prooess he cbesn't quite trust and dic�'t know what would be aco�mplished by acbpting the resolution. �imcilman Barnette felt the last paragraph of the resolution gives the Cbimcil the ric�t to review speca.f ic plans, �sts, and City participation. Mr. Flora, Public Work Director, stated the Watershed Management Organization has prepared the plan which oonsists of goals, philosophies, and policies for capital impravenerits. He stated FricIley is ideritified with five differerit projects and felt the resolution states that the Gouncil withholds any ao�nnent uzti2 further information is received in regard to specific plans, o�sts, and City �articipation. Q��mcilman Fitz�atrick felt this resolution was an attempt to address his oonoerns, but would plaoe the �uncil in a diff icult situation where they 3elegat�e authority to an�ther body to order in a project. Mayor Nee stated in the joint pawers agreenent for this Six Cities Watershed Organization, the oouncil probably al ready acoepted a certain amount of ri sk. -12- k�.�1�, M_ Mi�!�+��. � ��.��41: a�. ' : • Mr. Flora stated the plan is sukmittQd to various agencies for oomment and then is forwarded to the water Resouroes Board which has the authority for ap�xaval. He stated onc�e the Water Resouroes Baard approves the plan, the plan is sutrnittec3 back to the cities to acbpt ordinaryes to make it work. He stated he dic�'t Imaw what other agencies would �manent and dic�'t know the imFact. I�e stated if the City states they don't sup�pc�rt the plan, he would assune the Water Resouroes Board woulct�'t apprave t-he plan. Ae stated only ore has been ap�xaved so far so he dich't Imaw what aomdnerits or appro�val, or disappcaval, means within the s�stem. Mr. Aerrick, City Attorney, stated he thinks the purpose of having a Watershed District is to pcavide authority to the governing body of that district to deal with problems that transoend municipal boundaries. He stated when the six cities involved agreed to organize and support this organization, some authority was given up over decisions that are made for the land within this district. He stated this �rol�ably has both pluses and minuses. He stated on the plus side, there is a group that has o�ntrol aver areas which suppl.y the water that eve.ntually nns throuc� the district. He stated on the minus side, the Council gave up some of the authority you would have had, if the district hadn't been organized. He stated the eventual decision is on the Water Resouroes Board and was sure they would look at the plan and oomments. Ae felt the fact that some orc$nizations may have negative ooirnnents cbesn't reoessarily mean the Water Resources Board would agree with those comments. Ae stated, at this stage, it is aonoeivable some proj ect may be apFroved to which this Q�tmcil is opposed. �(bimcilman Fitz�atrick questior�ed the taxing or assessing authority. Mr. Herrick stated he hasn't looked at the Statute recently, but his �derstanding is the district has this authority. O�imcilman Fitz�atrick askecl if the City has the right to delegate this authority. Mr. Aerrick stated the State Legislature authorized the enactment of the district. He stated he oould supply the Council with a meno, after he researched it further. • Mr. F'].ora stated the plan is specific in that it refers to particular problens in watershed districts. Ae felt ��cilman Fitzpatrick's oonerns are addressed in that the ptan states that none of the projects wuld be accvmpli�ed in the City, without a joirYt powers agreener�t eaoecuted with the other parties ir►volved, with the exception of Oak Glen Creek which is located eritirely in EYicIley. Ae stated if this plan is not approved, the ��mty w�ould take over this task and wme up with their awn plan. M�TmN tr� Cbuncilman Barnette to acbpt this resolution to approve the Six Cities Watershed Management Organization Plan. 1�YOR NEE DECZARED THE NDTION FF�ILID FUR LACR OF A SDCDND. Mr. Flora stated the City has 60 days to oomment and after this time, it prooeeds to other agencies for review and comment. Ae stated all the reviews and oomanerits are forwarded to the Water Resouroes Board so the plan �ntinues to be provessed at this time. -13- h` �� I� � yl?I�M��. � �.�1��V��_�i ' : • �Lmcilman Barnette asked what a�mments were reoeived fran the ather cities involved. Mr. Flora stated Coltunbia Aeights didn't support two of the proj ects, Ailltop and Blaire apFroved the plan, Qoon Rapids had no �manerit, and Spring Lake Park was a�nsidering it this evening and understands that, basically, they wnul d ap�xwe it. Q�imcilman Goodspeed asked if it would be better to forward the plan with negative o�manerits. Mayor Nee felt the regative a�mmer►ts would be the Council didn't want the problens oorrected and didn't feel it would be a true statenerit. Councilman Schneider stated he didn't think anyone disagreed with the p�oblens to be resolved, but it is the process, and didn't want to go on reoord appcaving it mt imowing all the implications. Mr. Herrick stated the State Legislature has stated that m�icipal ities are not solving the surfaoe water Froialens and the watershed districts would be established and have authority to solve the problens. He felt if the Gb�cil dich't have any a�onet►ents, the prooess would c�ontinue and, when the glan is reoeived tr� the Water Resourves Board, they will note the City had no aomment and probably would interpret that to mean the Q�tmcil didn't have any r�egative anc�/or p�sitive mm�nertts in terms of suggested amendnents. Ae felt if the Gbimcil had a problen with individual itens, they should oom¢nent on then, as we11 as add any ather items they felt should be included. it i s �not� kno�an ifi the� �s a • � �/� ,�i�M � � i. � �'�J� i �: _: T �a- L.� L-._ l i • � �� ..i �_i � � 1 � � � i ?% i..�� 1� �- -� .. V , �. , � � : i 1� 1 �� r= _ 1_ � � V�:_ �M �� _� � NDTmN b� Gbtmcilman Fitzpatrick to waive the reading of Ordinance No. 870 and adopt it on the second reading and order publ ication. Seconded by Gb�mcilman Gooclspeed. Upon a voioe vate, all vating aye, 1►�yor Nee declared the motion carried unanimously. � 1 � �I�y�l �,� i .?�� . _4 } � � _ �i� � i ' � � • �. � � ��U�v _. �c�_ �� :yl�� ?� �i�:_ • / �_il� . 1 :� �. _ �. _ �, • 1 : :s�� ' �l+.1 J,�i= ' �y 4�! ,!a�.1+ •!� ��1 �!�,!_ �1 iMi: a�• NDT�DN tr� doimcilman Schr�eider to waive the reading of Ordinanae No. 871 and adopt it on the seoond reading and order publ ication. Seconded by Cbunci.lman Goodspeed. tip�n a voiae vote, all voting aye, l�yor Nee declared the motion mrried unanimously. Councilman Schneider stated he talked with A1 Gabel of the Community � -14- -� ��'t�,t �'i��t '� L�Trv�s ��2 ecsk.u�it �-�vuk�tS, �1�� . � M��M�L � � l.�J��1�� 'l�� L:l•�": Developnerit Qx�unission and he hacY�'t been notified of this c3zange. Mr. Qur�shi, City I�nager, stated there was a draft letter submitted, but there were so�me changes reoomanended. Ae stated this letter would be sent tanorrow to the O�mnLnity Developnent (bmunission menbers. �+:!�'�i-�j� _+! '�� i�«. ,��.. �.�i��Mi: _ _' � ' : . �?�L�+�;_ ?� _�4_� �: Z+!'� 4�'y!�� • �!�_�l� . Nl�TION by Councilman Barnette to receive the Novenber 4, 1986 General Election Stateme� o� C�rrvass. Se�onded tr� Q��mcilman FitzFatrick. Upon a voice yote, all voting aye, Mayor Nee declared the motion carried unanimously. O��mcilman Schneider stated he t�derstands there were some di.fficulties with the tarulation equipnent. He stated he would be willing to support what neect� to be cbr�e to rectify this situation. Mayor Nee requested staff to sutmit a rep�rt. �i� � ��. •� • � � �. � �_ '•�_ � t _ �_ ::••��•� v- � • ,�i—i��..! _._i��._ 's_„ NDTION tr� Gbuncilman Goodspeed to receive the report of the neighorhood meeting on Meadawlan3s �rk of Navenber 10, 1986. Sewnded by Councilman Fitzpatrick. Up�n a voice vote, all voting aye, Mayor Nee cleclared the motion carried unanimously. 1 ��M �� 4t�_ M_ �1 �4-- � 4�1_ �_._��. ��.4'� . � � M!�!� �. • � ��,�I: a�' ' : . i.�� i_��_.i. . ��i4�4 �/, 4�_�� ,. � ��:.�' i • A. OONS��I�A�TON OF A ��RTAt� R�L�=�,`i'. VAR #86-29. TO RIDiJCE Tf� SIU� vAtm �*rw�,c�rt F�r�ut ��r Zn 3 FEET Zt� AI�T�OW TE1� QONS'PRUCTI4N_OF AN ATTAC�� ACCE��RY BC�L�� ON L�� 5. BLO�B 4. BR(X?KVIF�n1 TERRAC�E �aDI'�:? A_�T'�'TON. '�' �A�' BETI� � Q PA�RA iZ��' N E. BY DOI�n � � Mr. Robertson, �nnn�mity Developnent Director, stated the petitioner had requested this same varianoe in 1.985 and, at that time, bec�use of an obj ection tr� a neic�bor, the varianoe was deni.ed. Ae stated the persons who objected have since moved and the petitioner's new neighbor favors the varianoe. Mr. Robertson stated the request is to rec�buoe the side yard setback f rom 5 to 3 feet to allaw the aonstruction of an attached garage. Ae stated the varianae was cpnsidered by the Appeals Commission and resulted in a tie vote. He stated Mr. Betzold had some �noerns regardi.ng the hardship and requested guic�noe and clarif ication. Mr. lmbertson stated if the varianae is appraved, staff is reaommending no openings in the west wall and that it must be a one-hour fire-rated wall. -15- �1.�. ��, � y�� i �..��li �i' ' : . Councilman Goodspeed stated last year he made the motion to de� this varianoe on the basis of the r�eic�bor's otrjection. He felt two questions had to be addressed, one if the varianoe should be appraved ancl, sea�nd, the p�licy on hvw to hanc�.e these requests in the future. tbtmcilman Gooc�speed stated Mr. Froan's new neiqhbor would prefer to have the c.prage extended. Ae statec3 the �Lmcil may also �nsic3er an ordinance this spring to prohibit �arking on the streets in the winter. Ae stated with these two things in mind anc7, oonsidering Mr. Barna' s oomments, he would mwe the follawing: NDTION b� Gbuncilman Goodspeed to ap�xave variance, VAR #86-29, to reduce the side yard setback f ran 5 feet to 3 feet to allaw oonstruction of an attached acaessory buildi.ng at 940 Pancbra Drive N. E. , tr� Donald Froan, with the stipulation that there be no openings in the west wall and it must be a one-hour fire-rated wall. Seo�ndec3 tr� Cotmcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried unanimously. Mayor Nee stated he can symFathize with the issue raised tr� Mr. Betzold and this should prota�bly be di.scussed at a(bnferenve Meeting. Mr. Herrick stated if he were to quote the tests of the Supreme Court, 90$ of the varianaes shoulch't be granted and this prokx�bly isn't unique to the City o� FricIley. He statec3 whether the Gbuncil wishes to try and set forth a formal policy on haw these are to be hancllec7 or o�ritinue on a case--by-case txZSis, he didn't have a strong feeling. He stated he has taken the position if the CbLmcil and the rreighb�rs are satisfied, and the Gbimcil is taking a practical approadl, he di.ch't object. He stated the Council has to make oertain findings and they, as the cpverning bocly, are authorized to make the final decision. It was the general aonoensus of the Coimcil to review this at the O�nferenoe Meeting and discuss what tests may apgly. Mr. Rerrick state6 there are probably some menos frcm his offioe in file on this subj ect. & OQNS ERATION OF A VARIANCE RD�US�. VAR #86-30. '� R�x'F THE SIDE vARr� ��CR ON A STREEI' SIDE OF A QORNER IA� FlzQM 25 FEET TO 20 FEF.T m Ar rrw mr� mrt�trtc�*r[�N OF AN ATrACHID ACCE;�,9�RY BUILDII� ON I�0►r 5. RT[Y'R 7 7iTi.T-I�NN AT1T�T'I'IQ�] 'j'Fj� $�1ME $EZI� 620� RT��TEW TERF�iCE N. E. . BY GDO1�E AND LILLIAN ARI�LD; Mr. R�bertson, �mn�ity Developnent Director, stated this is a request for a varianoe to reduoe the side yarc] setback on the street side of a�rner lot fran 25 to 20 feet to allow wnstruction of an attached garage. He stated the petitiorer indicates he needs the variance to attach the new garage and keep it in line with the present building winclow and to avoid moving the present incoming power supply. Mr. Robertson stated the petitioner indicated if a detached c�rage were a�nstructed, it would result in renaval of at least one large tree. Ae stated the addition would be 75 feet fran the reic�bor's house to the east. -16- r�i�1�. � ��SI��_ �' ,��}�V: �1� ' : . Mr. R�bertson stated the Appeals Commission reoommended appraval of the variance by a 3 to 1 vote. He stated if this is appraved by Council, staff's only reoomanendation is the driveway be hardsurfaaed. I�DTION tr� m�mcilman FYtzFatrick to a�ncur with the reoommendation of the Ap�eals Gbmanission and ap�rave varianoe, VAR #86-30, to reduoe the side yard se�back on a street side of a o�rner lot fram 25 to 20 feet to allow oonstruction of an attached c�rage at 6201 Riverview Terraoe N. E. , b� George and Lillian Arnold, with the stipulation that the driveway be hardsurfaced. Seo�nded �i Cbua�cilman Barnette. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��. ��1 � i ..� �t.� � «.�.�_ J�_� ��1M�M .. � � 11��,� �4_.� � �'��}yl: .1�' � •]�� NDTION by Councilman Schneider to receive the minutes of the Charter Oomanission Meeting of Septenber 15, 1986. Sea�nded lx O�tmcilman Goodspeed. ilp�n a voiae vote, all voting aye, Mayor Nee declared tbe motion carried unanimously. �� _ 1� _�s • • «,I�_i�k�!' �� rlv - • M �1 �4__. • �.4��:.a�• 1 • : . �_�!� �i+4+_ � � ; { J: ,! _�_� �. �� • � «��i: • : . M�TION by Councilman Schneider to reoeive the minutes of the Charter axmnission Meeting of October 20, 1986. Sea�nded by Councilman Goodspeed. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Bill Himt, Assistatzt to the City Manager, stated the Qiarter Commission is rea�manending two revisions to the Ci�arter. He stated one is requi ring election j udges to be regi.sterecl voters and the other reno�ves a referenoe to a State Statute which has been dzanged sinoe the Charter was enacted. Mr. Aunt requ�ested the Gbimcil oonsider sdzeciul.ing a public hearing for Devember 8, 198b to consider these revisions. I�DTION b� �uncilman Sc�neider to eet the public hearing on these proppsed Charter revisions for Deve�tiber 8, 1986. Seoonc7ecl tr� Cbuncilman Goodspeed. Upon a voioe vote, all voting aye, Mayor' Nee declared the motion carried unanimously. 13. R�"'�'T�'T�'" BTDS Ah'� AV�RnTI�� P�h'�J .�XTENDING A CONTRACT �'4 12EPAIR JOHNSON �r'r�F'FT 1 5 MG RFSERVOIR PRCITEGT #161: Mr. Flora, Public Works Director, stated five bids were received for this project and the City's mnsultant, TI�A, has reoom�►ended awarding the bid to the law bickler, Western Waterproofing, Inc. for a total bid, including the alternate, of $106,325. Mr. Flora stated it is als� reoommended that TI�A be retained for inspection servioes at an a�notmt mt to e�oceed $1,800. 1►�pTION i�r Q�imcilman Schneider to reoeive the follawing bic� for the Repai r of Johnson Street 1.5 I�G Reservoi r Proj ect No. 161: -17- ��. l�.�l� �ia±�+y� • ' ��.�?,�ic �. . : . t ��e��.i�! �I� Western Water�xoof ing, Ina 2838 Stevens Ave. , S. Minneap�lis, NN 55408 Ren Qiristiansen Rairiting, Inc. 7525 4th St. N. E. FYidley, NN 55432 �ragon Cbnstruction 2353 Yougnan Ave. St. i�ul, NN 55116 Wanzek Construction, Inc. P. O. Box 2019 Fargo, No. Dalaota 58107 Abde & Snobode P. 0. Box 251 Prior Lake, NN 55372 • �� $103,325.00 $109,220.00 $115,000.00 $146,500.00 $191,205.00 �'�� $3,000.00 $7,500.00 $5,000.00 No Bid $5,000.00 Seoanded by Q�tmcilman Goodspeed. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. NDTmN b� Gbuncilman Schneider to award the writract for Project �161 to the law bidder, Western Waterproofing, Inc. for $103,325, including the alternate bid of $3,000, or a total bid of $106,325. Seaondecl tr� Cotmcilman Barnette. Up�n a voioe vote, all voting aye, I�yor Nee cieclared the motion carried unanimously. I�DTmN tr� Q��mcilman Schneider to authorize staff to aontract with TI�A for inspection servioes for these repairs in an amount not to exceed $1,800. Se�nded tr� (bimcilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. � _� � • • ' ' � • -�-- _ ' �� - ! � ° � • � 4� :_� �!� y • s u�� . • �� u „+. ' _-� �'' � ��!_'•�_�. •'� �• ; � � i-v��i!�lv��.�!_ • 4t� 4':_. ��. i?'u►�+� ��',-�, ��. � �_ �� ' !!�. � � v �M �.� � � `I4� � _ � � 4�1_L� c}} 1rD'I'ION b� Gbimcilman Schneicier to ad�pt Resolution No. 119-1986 and set the public hearing for Dec�nber 22, 1986. Seoonded by Councilman Goodspeed. t1p�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� _ �� _ � ' � �i � : �� _ 4�Q_ z��_ r: � � �� :_ �� _� �� : _� ��, ' 1 1 �� _ ��!�11 Mr. Nelson, representing Onan Corporation, appeared before the Council regardi.ng their request for a house trailer permit for additional trailers -IB- ��.1�� ?�'h��. �.' �!.��„i:�±. •:. on their site. Ae stated Onan put together a developnent pl.an for their site several years ago, hawe�ver, the company has gone through four awnerships over the last six years, three of which occurrecl in the last two years. He stated this makes it difficvlt to put together a oomprehensive long-range plan. Mr. Nelson stated the major stockholder is C�nins Engine Gb�npany anc3 felt in a year they should have good visibil ity on haw the new organization is f�nctioning and, hopefully, o�ne fotward with a plan. 1�DT�DN tr� �u�cilman Schneider to ap�rwe the house trailer permit for two 24 x 60 foot trailers on the Onan site with the stipulation that Onan work with staff to c3etermine the ap�xopriate location of the Spruce trees for screening on 73rd Avenue. �rther, this permit should be reviewed by Gbimcil in orye year. Seoonded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. � rDTION k,� Councilman Barnette to authorize payment of Claims No. 11262 through 11555. s�o�a � a»�ii� cooasPeea. Upon a voice vote, a11 voting aye, I�yor Nee declared the mo�tion aarried unanimously. 17 . LICIIJSES • NDTION b� Cbuncilman Fitz�atrick to ap�we the lioenses as sulmitted and as on file in the Liaense Qerk's Offive. Seaonded by Councilman Schneider. Upon a voive vote, all voting aye, Mayor Nee decZared the motion carried unanimously. �� u'. 4- NDTION by Councilman Schneider to approve the follawing estimates as sut�nitted: Herrick & N�wman, P.A. 6401 LA�iversity Ave. 1J. E. FYicIley, NN 55432 For Servioes Renaered as CYty Attorr�ey , for the Nbnth of October, 19�6. . . . . . . . . . $ 2,353.00 D. A. Blattner & Sons 1400 Conwrdia St. F�ul, MV 55104 Nbore Lake Restoration Proj ect - Phase II FINAL F'SPIP+�TE . . . . . . . . . . . . . . . . . $ 26,763.07 Ginder�on Brothers 2325 Shell ing Ave. S. Minr�eapolis, NN 55404 Misaellaneous (bncrete Curb & Gutter - 1986 Estimate No. 6 . . . . . . . . . . . . . . . . . $ 2,644.23 -19- �l�i��,� � �e � � � � �. � � �.�� i� I : �1' ' : . Euget�e A. Aic)wk & Assoc. - 545 Indi an r'btmd Wayzata, NN 55391 Moore Lake Restoration Proj ect - Phase II R�rtial Estimate . . . . . . . . . . . . . . . . . $ 81.54 �hrk Construction Gb. 7900 Beech Street N. E. FYicIlEy, M3 55432 Water & Sanitary Sewer Proj ect No. 162 Estimate No. 2 . . . . . . . . . . . . . . . . . $ 26,460.05 Short Elliott-Hendrickson 200 GoFher Building 222 East Little C�nada Rd. St. F�hul, MV 55117 Cer�tral Avenue/Highway 65 Redesigz i�rtial Estimate . . . . . . . . . . . . . . . . . $ 5,942.62 S�bterrar�ean Engineering 68'75 Hic�way 65 Fric�.ey, NN 55432 Lake �binte �rporate denter Partial Estimate . . . . . . . . . . . . . . . . . $ 4,972.85 S�mde Engineering 9001 Blocmington Fres�vay Blocmington, M�T 55420 Lake Fbinte �rporate denter. . . . . . . . . . . $ 14,748.28 Seounded b� Gb�mcilman Goocispeed. Mr. Flora, Public Works Direckor, stated the final estimate for D. H. Blattryer and Sons is for work on Nbore Lake. He stated what still needs to be cbne is to �ntinue the water analysis and stocking of the lake by the De�artment of Natural Resouraes. L1I�N A VOICE VO�IE TAI�'�1 CN �iE ABOVE 1�DTION, all voted aye, and Mayor Nee c7eclared the motion carried unanimously. � k� � i' � � 'LJ�� `►� s i �i� 1 i � � i i_� it� �_i � � � �!:1�i M; : � � ;_''�� i �� ' 1 `• �� ' �� l�:—�� ,. �i, Mr. Robertson, Comm�ity Develognent Director, stated the Council on Navenber 4, 1985 granted a varianoe f ran 80 to 120 square feet � sigl s�aoe for Pickwick Books and two other tenants. Ae stated the variance was specifically grarited to Piclaaick Bookstore only. He stated Pickwick is no longer in business and the s�aoe occupied tr� then is being leased to A�yless Shoes and they wish to use this sigl sFaoe. -20- �ii�, �,, r ��+��+. ��' �!.��wi:.�±. . �,• Mr. Norman Brody, awner of the building, stated he was the awner at the time the variance was granted to Pickwick Bookstore. Ae stated due to circ�mstanves beyonc7 his a�ntrol, DaytorrHudson discontinued the Pickwick Bookstores and Payless Shoes is now interested in leasing the space, o�ritingent upon then using the previous Pickwick sigi and re�ainting it with their logc>. Ae stated Payless Shoes would be taking over the term of the lease for occupying the sFaae for 15 years. Ae stated what he is requesting is substituting Payless for Pickwick on the signage, under the previous granted varianoe, and all ather t�erms �uld renain the saane. tb�cilman Gooclspeed felt nothing really has changed and, therefore, it wouldz't be neoessary for the Appeals Qmanission to review the varianoe. MJTION tr� Gb�mcilman Goodspeed to repeal that portion of the variance which indicated the varianve applied only to Pickwick Bookstore and that this same varianoe be applicable to �yless Shoes, with the stipulation that the area of i�yless sigi footage renain the same, regarcaess of an increase in rental floor sFaoe. Seannded by Gbimcilman Fitzpatrick. Upon a voice vote, all voting aye, l�yor Nee declared the motion c$rried unanimously. � � .�_ �_ • � • � • :. �� ; �+ � � � 4;_. v.� � • • _ . _ ; �> �?!a��)�� .�M4 4�!_ vi�_4�� :� �.: �� J�. a�' �l�1� �. • ' �� iM �. �.�� ' �' i ��= L��; �4 ��C «�!��4�. NDTION by CoLmcilman Barriette to acbpt Res�lution No. 120-1986. Seoondecl tr� �uncilman Schneider. Upon a voiae vote, all voting aye, NHyor Nee declared the motion oarried unanimously. K� � � �. � � • 4+_ �. L 1= � ,_' �, �� M� 4 t�.l� � ��_�!-_; �L�•��y� PDTION tr� Gbwzcilman Schneic3er to set the public hearing on this item for Devanber 8, 1986. Sea�nded tr� Gbimcilman Barnette. Up�n a voioe vote, all voting aye, l�yor Nee declared the motion �rried unanimously. ;_� �.�.�tu�� NDTION by Councilman Barnette to adjourn the meeting. Secondec3 by �imcilman Schneider. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion wrried unanimously and the Regular Meeting of the Fridley City Cour�cil � Navenber 17 , 19�6 adj ourred at 10 : 50 p. m Respectfully sukmitted, Carole Aaddad, Willian J. Nee Secretary to the CYty (btmcil i�yor Apprwec9: -21- PUBLIC I-�.ARING BEPORE Tf-IE CITY COUNCIL �Iotice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 ttniversity Avenue, N.E. an Monday, December 22, 1986, in the Cowicil Chamber at 7:30 p.m. for the purpose of: Consideration of a Vacation Request, by the City of Fridley to vacate a portion of the City-owned highway turnback property located in the northeast corner of the south half of Section 23, Township 30, Range 24, generally described alc�g the west side of State.Trunk Highway 65 between West M4ore Lake Drive and Interstate Highway 694�. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE, MAYOR Publish: December 8, 1986 December 15, 1986 1 '�"" DIAECTOAATE � OF PUBLIC WOF3K8 CITYOF IVIEMORANDUM FRIDLEY - - - - - -- T0: Nasim Qureshi,;City Manager PW86-343 FROM: John G. F1ora,�Public Works Director DATE: December 2, 1986 SUBJECT: Highway 65 'I�rnback With the Woodbridge Develop�nent of the 100 Trrin and Johnson Property, they will be constructing Lake Pointe Drive which will connect to our existing West Moore Lake Drive and Highway 65. This road right-of-way has reduced the area originally identified for the Woodbridge Building A. Because of this encroachment, Woodbridge has requested the City provide the Highway 65 turnback property to them in order to provide additional space for construction and landscaping. A review of the preliminary plans for the Highway 65 improvements indicates a portion of the original turnback will be required (31,249 sq. ft.} but a considerable amount may be vacated to the I-IRA and ultimately Woodbridge for the development of this area (33,631 sq. ft.). If the Council is so inclined, they can find.by a 4/5 vote that the proposed disposal of turnback right-of-way has no relationship to the comprehensive plan and, a public hearing be set for December 8, 1986 to vacate this property. JGF/ts Attachment N ��;/ •.t..., �, r�•. � �� R 1�' t�'� �� 1�� . . � •_ i• . a; ,� �� h �� I .. , _ �s4�a � � � . . . � gcg2l �•�:-N ti?s s�c . I : � :' . . l�; : i �oo,�. �✓�2 � �� } i . � � i_. . �. • � .� . . . ;�: � . , . �- ;. . ._ k • 1l.. ' ... � : .j . - i� : , ;: � ; . � �,,1 � � � ,� . �`�'i ' ► � t �� Y� S � :% . -' f.;` '� '� :`�_ �:; _ _;z�, >. ;� � �, �-��. �, � �. �a -�� '3 c .. � I � . � .� i � � '�le� �i�n�k . __ a� . � _� ��W� � � � � tf��n�at by G fi�,ai cp�op��) 3�`�f a� _ �� '� G� ��a� c� ��) 3363/ �' ORDINANCE NO. AN ORDINAACB AMENDING SECTIONS 4.05 AND 12.08 OF THB FRIDLEY CITY CNARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: //Section// 4.05 JUDGES //AND CLERKS// OF ELECTIONS. The Council shall at least twenty-five S25Z days before each municipal election appoint //three// two (2) or more //qualified// registered voters of each voting precinct to be judges of elections therein and //two qualified// one (1) re�istered voter//s// of the same precinct to be //clerks of election, or as many more or less as may be determined by the council// head jud�e of election. No person signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge //or clerk// of such election. //Section/j 12.08 DAMAGE SUITS. 1. No action shall be maintained against the City on account of any injuries or damages to persons or property, unless such action shall be commenced within one � year from the occurrence of such injury or damage, nor unless notice shall have been given in writing as required by Minnesota Statutes //Section 465.09, or any amendments thereof//. 2. No action shall be maintained against the City on account of injuries or damages to persons or property resulting from or caused by any accumulation or deposit of ice or snow on any public street, sidewalk, building, or place. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1986 WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: IJ 2A '�[EMO T0: :dASIM ?�I. QURESHI, CITY *�fA:vAGER FROM: GIILLIAM C. HUNT, STAFF PERSON TO CHARTER COMMISSION DATE: DECEMBEP. 4, 1986 SUBJECT: PUBLIC IiEARIidG ON AMENDMENTS TO THE CITY CHARTER Section 12.08 of the present City Charter contains a specific reference to ?4innesota Statutes Section 465.09. Since the time that provision was included the statute has been amended. The Charter Commission requested an opinion from its la�,ryCr, John Ld. Terpstra, as to whether paragraph 1 of Section 12.08 of the City Charter should be changed to reference the new statutory cite, be left as it now reads, or rewritten in such a way that reference to a specific statute be eliminated. *�Ir. Terpstra made the following recommendation: I would suggest that, instead of leaving the language as it now is, or changing the paragraph to reflect the new statutory cite, you should eliminate any reference to a specific statute and state that notice shall be given pursuant to Minnesota Statute. The proposed amendment to Section 12.08 merely deletes the specific reference to a particular statute. Section 4.05 of the present City Charter requires that .judges and clerks of elections be "qualified" voters. In the review of Charter language relating to various kinds of voters the Commission debated whether election judges should be "eligible" voters or "re�istered" voters. The Commission's legal council, Mr. Terpstra, was of the opinion that changing the Charter language to "registered" voter would not be in conflict with any legislation on the matter. However, he did su�gest that the term be changed to "eligible" voter instead of "registered" voter. The Charter Commission majority disagreed. They felt that if a person did not even bother to be registered it was questionable that they should be appointed an election judge. Other changes in Section 4.05 deal with changes in election laws and practices since it was originally written. We no longer have "clerks of election," and'we do have "head judges." Language regarding numbers of judges to be a;�pointed has also been changed to make it more flexible. Cc: Susan Jackson, Chairwoman Fridley Charter Commission ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 3, ENTITLED "PERSONNEL" BY AMBNDING SSCTION 3.03, ENTITLED "HOLIDAYS" The City Council of the City of Fridley hereby ordains as follows: 3.03. HOLIDAYS The following days shall be holidays, and no employees, except in the case of necessity to public safety, health and welfare, or unless the requirements of employment so provide, shall be obliged to perform work on such day; and when so performed, compensation for such work shall be paid as overtime work at the rate of one and one-half (1-1/2) times the regular pay. The following days are "holidays": New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; //Christopher Columbus Day, the second Monday in October;// Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January 1; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided when New Year's Day, January 1; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1986 WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading: Publication: 3 3A r�rn zo: �oM: St7BJDC'r : I�ATE : rr��su� r�. Qox�i, crr� r�,r�c�t w�� c. �rrr, Assis�r � �iE QTY MANAGII2 OFFIQAL QTY ACGIL�AYS NaVII�BIIt 3, 1986 Acoording to Minnesota Statutes (1984) 645.44 S�bd. 5 there are nine holic�ays which cities must observe. On these days no public business may be transacted agart from cases of neoessity. �he holidays are the follawing: 1. New Year's Day, January 1 2. l�rtin Luther Ring' s bi rthday, the third Monday in January 3. Washington and Linwln's birthday, the third 4. 5. 6. 7. 8. 9. Monday in �ebruary Memorial Day, the last Monday Independenae Day, July 4 Labor Day, the first Monday in veteran's Day, Navenber 11 in May Septenber �anksgiving Day, the fourth Zhursday in Ncyven}aer Cl�ristmas D�y, De�nber 25 Ca.ties have the option to det�ermine whether or rnt Col unbus Day, the seoond Monday in October, or the Friday af ter Zhanksgiving will be observed as holidays. Presently C't�apter 3.03 of the City Cocle lists Christopher Gblunbus D�y, the seo�nd l�bnc�y in October, as a holiday but c�es riot list l�rtin Luther Ring' s bi rthday as a hol iday. 'Ihis does not leave us much flexibility. Custotnarily, the City Co�cil has awarded 11 hol idays made up of the nine specif ied in the personnel chapter of the code and two floaters. Sinoe Martin Luther Ring' s bi rthday is requi red as a holichy, we r�ow have �en mandatory holidays and only one flaater. F�rhaps a�nsideration should be given to an amenc�ment of Chapter 3.03 to include Ngrtin Luther Ring's Birthday and to take out QiristoFher �lunbus D�y. w�/ss 13/23 ORDINANCE N0. ORDINANCE � AI�ID �E QTY mDE OF �E QTY OF FRILGEY, MI1�IldF50�A BY I�1RI1�U A�E IN ZQ�IIl� DIS�2IC`i5 �e Council of the City of Fridley does ordain as follaws: SECTION 1. Appendix D of the City Coc3e of Fridley is ameruied as hereinaf ter indicated. SECTIDN 2. 7.he tract or area within the County of Anoka and the City of Fridley and described as: The South 450.00 feet, except the East 600.00 feet thereof, of all that part of the Northwest 1/4 of the Northwest 1/4 of Section 2, R�o�wnship 30, Range 24, Anoka County. Minnesota. lyinq Westerly of State Trunk Highway No. 47, and the North 600.00 feet of the South 1050.00 feet, except the East 600.00 feet thereof, of all that part of the Northwest 1/4 of the Northwest 1/4 of Section 2, Zb�wnship 30, l�nge 24, Anoka County, Minnesota. lying Westerly of State Trtmk Hic�way No. 47, and all of the Northwest 1/4 of the Northwest 1/4 of Section 2, Zbwnship 30, Range 24, Anoka County, Minnesota, lying Westerly of State Trunk Highway No. 47, except the South 1050.00 feet thereof and except the East 600.00 feet thereof as measured at right angles to the West right of- way line of State Trunk Highway No. 47 and except that part lying North of the South line of the North 32.12 acres of said Northwest 1/4 of Section 2. Is hereby designated to be in the Zoned District knawn as 1�-3 (General Multiple Dwelling). SECTION 3. 7hat rhe Zoning Adninistrator is directed to diange the off icial zoning map to shaw said tract or area to be rezoned f rom Zoned District M-2 (Heavy Industrial) to R-3 (General Multiple Dwelling). �1SSID ADID ADOPTID BY �IE QTY Q�iJNQI, OF �iE QTY OF FRIII,EY �IIS DAY OF , 1986. WILLIAM J. 1�E - N�iYOR ATI�ST: SHIRLEY A. HAAPALA — CITY Q,E�tK Pukz].ic Hearing: Navenber 17, 1986 First Reading: Seoond Reading: Pu4lish: � � � c��roF FRlDLEY PLANNING DIVISION MEMORANDUM I�D ZO: Jock Roberts�n, Crnnnunity DeveloPnent Director MErD FROM: Jim lmbinson, Planning Coordinatvr I�,ND nATE: Deoanber 3, 1986 R�RDING: North Rark Estates; Council Acti.ons On Deoanber 8 requests for ordinanoe t�o parking stall the status of zonin , 1986 �e City Gb�mcil will vonsider approval of three zoning the North Fhrk Estates project including: f irst reading of an rezone; resolntion tA approve a f inal plat. and approval of a size varianoe. In order t�o update the Co�mcil I will sutunarize each. In o�nj�ction with the rezoning a comprehensive plan amendment and and envirormental assessnent worksheet have been prooessed. �e Metrop�litan Council has voncluded the change in land use status associated with the rezoning has no potential impact upon any ot the metropolitan systea plans (see attachment A). Therefore it would be appropriate for �e Co�cil to Fass a motion concurrent with the rezoning ordinance authorizing staff to amend the 1990 Land Use sectian of the Comprehensive Plan frcm S-2, Redevelopnent District, to i�-3, General MultiPle Dwe11 ings. In o�nj�mction with the project a mandatory F�r1 has been prooessed. At this time we feel oonf icient that the F.�,W has substantially addressed envirormental oonoerns and pravides a basis for detenninin9 that an Ernironmental Impact Statenent (EIS) is not warranted. . At this time it would be appropriate for Gbuncil to review staf f` s Findings of Facts and Conclusions for the p�oject and oonsicter passage o�f a resolution of Negative Declaration for a f ull EIS (see attadunent B) . �e thirty day voam►ent period for the EpW officially expires on December 3, 19�6. So far, the MTC is the only reviewing agency responding- I am anticipating that because of the �ianksgiv ing hol iday. some oomments have been delayed. In order to allc�w for aom�nents which may oome in later this week, I am tnlding the Finciings of Fact back f ran the Council agenda- �is docunent will be oo�aplete and included in the Co�cil packet this FYiday. North F�rk Estates; Coimcil Actions Deo�nber 3, 1986 Page 2 Plat A final plat which incorporates all the City's concerns should also be availaYxle for inclusion in the Council packet this Friday. �e owner is requesting waiving of the park fee on the proposed parcel east of the praject. I have told the owner's representative that this is strictly a Co�cil decision His written request is attached for Council review Esee attachment C-1 through C-3). Variance 1he varianoe for 9 foot wide stall sizes was unanimously approved by the Appeals Commission on Naveaber 25th. �e Canmission strongly suggested that the developer make a few additional provisions for the parking of recreational vehicles on the site. An additional stipulation which Council may want to consider would be the requirenent to separate each stall by Fainting double stripes between each sp�oe. �iis technique has the advantage of pranoting centering of vehicles, leav ing more space between ca rs. Nf-86-312 JLR�dm . : ATTACHMENT A November 17, 1986 Mr. James L. Robinson City of Fridley 6431 University Av. NE Fridley, Nat 55432 �/N G�'��f RE: City of Fridley Cooprehensive Plan Amendment Land Use Change from Redevelopment to Multiple Dxellings Metropolitan Council District 8 Metropolitan Council Referral File No. 13506-2 Dear Mr. Robinson: 4C Metropolitan Council 300 Metro Square 8uilding Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291 •6359 The Metropolitan Coim cil staff and I have revieWed the city's comprehensive plan amendment received by the Council on Nove�ber 25, 1986. We have determined that the proposed amendment has no potential impaet upon any of the metropolitan system plans. Therefore, the city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review and comment on this amendment. The amenc3ment, explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. This concludes the Council's review. Sincerely, Sandra S. Gar e ring, Chair SSG:ms cc: Donale E. Stein, Metropolitan Co cil District 8 Joh.n Rutford, Metropolitan Counc Staff Jim Schoettler, Metropolitan Coun il Staff An Equal Opportunity Employtr ATTACHMEN��N �, z9� FII�IDII� OF A NF�ATIVE �Q,ARATIDN FOR A FULL Fi�VT1a0�T�1L IMP�,CT STATEI�NT I�R NOR7H A�RR F5�1TF5 WHERFAS, Nort�i Park Estates requires a mandatory erivirorrmental assessment worksheet because of the nt�nber of units and amount of sanitary sewer generated by the pcoject; and WHEREAS, the City of Fridley is the responsible governmental unit for preparation of the North Park Estates envirormental assessnent worksheet tazc3er F]QB rules governing envirornnental review; and WHEREAS, the City of Fri8ley has prepared an environmental assessment worksheet for North Aark Estates; and WHEREAS, the City has publ ished notice of the availabil ity of the EAW for public reviaa and distributed the EAW for comment in accordance with �QB rules; and WHERFAS, notioe af availabil ity of the F,F�inT for review was pub�l ished by the DQB in the Navanber 3, 1986 D(?B Nbnitor; and WHERF.AS, the thirty day period for review arul oaranent on the EAW tern►inat�ed on Deoember 3, 1986; and WHERF�S, the City has reviewed written oomments submitted to it during the thirty day review period; and WHEREAS, the City has considered the type, extent and reversabil ity of environnental effects of the project; an�d WHERF,AS, the City has oonsidered the cunulative p�tential effects of related or anticipated future �ojects; and , WHERFAS, the City has reviESaed the extent to which the environmental effects of the project are subject to mitigation by ongoing publ ic regulatory authority; and WH�S, the City has oonsidered the extent to which envirormental effects of the project can be anticipated and controlled as a result of environmental studies �dertaken by putalic agencies or the project prop�ser; and WHERFAS, the City staff has prepared prop�sed findings of fact and oonclusions regarding this matter; and WI�RFAS, the Council has wnsidered all the above and ooncludes that the North Park Estates project cbes not have the potential for sic�ificant envirormental effects. N(�T, �III2E�RE, BE IT R�SC[.VID that the City Council of the City of Fridley hereby adopts a Negative Declaration fin�ling that a full envirormental i.mpact statanent for the North �rk Estates project is not required. �SSID AND ADOPTED BY �iE QTY �[JNCIL OF ZHE QTY OF FRIII,EY ZHIS DAY OF , I986 WIIS,IAM J. I�E - N�1YUR ATI�.'�ST: SHIRLEY A. HAAH�LA - CITY Q,ERK 4D � _ c��roF FRIDLEY PLANNING DIVISION MEMORANDUM MEND ZO: Jock Robertson, Camnu�ity Development Director MEND FlmM: Jim lmbinson, Planning Coordinator J,�. MEND II�12E: Navenber 21, 1986 R�X'�RDII�: North F�rk Estates Plat Conditions Attached are stipulations staff has prepared as conditions for North Park Estates glat apprwal. Itens 2, 3 and 4 have sic�ificance for the .property awner, Mr. Willi.am Barbus,h. I have discussed these itens with Ray Wormsbecker, the owners broker. Mr. Wormsbecker has indicated that his clients' request is for the City to waive the required park fees for the paroel to be retained by awner, in return for the required dedications. Zhe attached note fram Mr. Barbush further explains his request. Please riote that Mr. Barbush's referenoe to an agreenent refers to. his concurrence with Mr. Wormsbecker. I have informed Mr. Wormsbecker that park fees are legislated pol icy and can only be aanenaed by �ity �uncil. , Mr. Wormsbecker may want to address the Council on this matter at the Deoember 8, 1986 Council meeting. �R�� M-86-305 4 ATTACHMENT C-2 4 F T° /'! �- - •JA M E_5- J�D- B//✓S a i✓•----- -- -- i Frorr�� ,c �. / M �i9 /S�/.�c/S/`f � �i _ i.._/_�'1T _ --- f�. �/N�!'�----- — . _ _ ..3 I �.D_ � �f o u�F.�i /i � � � � � ��1�E -S' �9 � �.�_�x �� --------- --- -- ---- -- -/�?P� s .��.✓ S 5 y� � �-r /�1 . - �� . � �IQ / D r --1 � � — -� ,� � _ ....- �..c � Date 3�bject /�/0 7'N �A RK � T14 TE S ' R _ L.. o T� � L�C � Z .0,�. �-. 1�. S � � b_ D S _ ' ///iS �G Vlessage ��Pu•�, -- - --. . . ��L - � � - `'�—�' u"G`" 4��,,,� ' l�y,� � ,.. 1�+�- /1-t.e. .�.o �•�- . : / • � --� � -�- -�-Q- � � o � _---- _ - .- - � - - - : - � u..� �_ � � . _ � 3 =�t' G�-c- ' 2 . � � 3 3 . �`-. �2.a. W � � a� B�,�v .�� V 3 . � .�.� �� .�- �y. . . - �.-K-�- , . �� _� _ �e.. �, � �2ea� ��a�" � o� �v • . . �, ;,.E :, � �1 i � � ��, .�/ Reply ,� .i � � � _ ,. . , �� E�� C� j��,GRl . � .�i'ay .J�. �o�m.r6ec�e� � COMMERCIAL ANO �NOUSTRIAL DEVELOrERS � NEAL ESTATE SAlES e LEAS�NG i CA RE TY GOMPANY os.. �s�z� sss-z�s�• u �onr uuc on�ve o.r : u�a� ss�•ss�. MINNEA �� ', MINN 33122 IKS ' I{121 S�t•33�6 � ,•._-. _____ ►ER RFTAIN TH1S COPY ATTACHMENT C-3 1�tH P�RIC ESTATES . � -.. i . ,,.. �' F�AT �D I TICNS I�EII (SED 12/4/86 1. �VEL�ER SI�BJECT TO FA t R SHARE � ASSESSI�M'S ON A POSS I BLE FUTURE ROAD ALONG THE NORTH Et�D aF DEVLOPkENT S i TE . ✓ 2. PROPERTY OWNER AGREES TO PROVIDE ON PLAT AN ADDITIONAL 65 FOOT WIDE RIGHT-CF- WAY FOR A LOOP BACK, TO PRONIDE A FUTURE ROAO CONNECTtON BETwEEN 83RO AvENt� a�o 85TH AvEtvt�. 3� PA�RK FEE TO BE PA I D AS FCLL(�VS : BLOCK 1, LOT I- 358 X 5i�1 = S1 T9.f�0: TOTAL AMOUWT TO BE PA I D W I TH FIRST BUILDING PERMIT. hL.00K 1. LOT 2 A�D BLOCK 2, LOT 1- S(1l1ARE FOOTAGE TO BE DETERMII�D: FEES TO BE PAlD W17H BUILDING PERMIT OR REPLATTING AT THE PREVAILING RATE. 4'� DESIGNATE ExISTING 33' EASEI�NT ON SOUTH AS DEDICATED RIGHT-OF-WAY ON PLAT. 5� �VElOPA�NT WATERL i PIE SHOI�ID PROV I DE FOR 2 S I 1�8S ON T}� NORTNERN SECT I O�d W I TH TEES AI� VALVES; TO BE OOatD I NATED W I TH C I TY ENG I I�ER. 6. DEVELOPER A�GREES TO PAY UP TO 25X OF NON-PUBLIC COSTS ASSOCIATED WITH POSSIBLE SfGNALiZATI�V ON 83RD AVEI� AND UNIVERSITY AVENUE AND AT 85TH AUENI� AND FIIfURE AiCCESS ROAD. 4G � � -- - _� � __ �. .�..� .�..• '::: i . ..... .•.`''': :�t • : .... . �� -- --�'�'.rf �� (u�) B.isTo/ Co,r��mry (C) ..`..r �` ` `9a ' • � � : o .� � "� "• � � � '• � ^ �� m v 1 � �� \ �� Oe 1 �1D� � � �i.4 �� i a� � `*� �oo ..... / -- 1 , �, � ;�s f .M ., <�> � 0 � A ti � �� . , � ,� s�. ,i � �� o n,v /M r (,N) � � 1`` �Y ' � Y .,, f � � id�� , . �• �. �.r.q �..r..%:t.rz�- � � �*� . r.i�.r� ,1 1 . ' i - �f� "_1�---- 'r . :7�X`•. � _ . � '1 � �, . . . . ` _ . . . . ,��y . . �/ s } _ � W o I OUT � J �z `� �• - .... � 1 i � � � � X i S�� '�i't'A��'. � \ \ �. ,r. � 2r ��..11 1`:___-- y w • I r �� i �� l�le, � . t� :�: � ,.. � �� i�.wn.� s�+�ss ra:.�' �.��w � rs..�sw o � . � u ,ir. r �L 0 � , r 1 � JS'J°f% .. , � � � I ; . (ir) . �� '" ,�..�. • � � .�",_ �'0 .,e H � � � �.�; ----------- •��w��ii�'i� •!AEW.ILA' ESN . . . . . . . . . . . . . � . . � . . . � a � � • . -- — - - - — — _ -- � . ....... -� ...... i..... '_ �` _ rvr - 'w', • �� 1X 11 \ lfJ 4 � jJY!/ . . /� . � (..�o, Y: N' if� iI1 � � t � (/iOOJ< � � ouT�c ' 9 . �-- � -- � ---- �-� �� 1 � '� 1 1 � a J a W � .� , � � �8�--�� .... -.. Ir '- ` ""' ��` _'��" �'�+1 �a �`+- �_ �_l, �V 1 ��' �;,Ti",� ± � i • �` �� .. .il ' • ' i!��• � � ;; , I �t.' I � ' _ �:,, --.��. - J - � � � ��,��;.�. _ - - - - t , - . . .: • . ��;;. � . �. � �_ � � ; - . ;1�; � �� r= i Ili - / r,- I � ti ; i� ',`i � � � ;+ �� 1 _ � ,ll ' � ; • ' � 1•� � � ' + 1 � � � � I' � � � � `—� � c ;I I � � , � ` �� J I � �� . �� — I.. .�, � . , � �. v �' .� 1 � i �� e � � '�� ;. � \ �, � ` , i `� . .��`�� I ,, ./ , � . �,, , , . _.�. �� . ; � r:- � � � , �'r , � ,:\ � �/ . , � �� • �• � I I �: .-�� ±�. '�, � � �' � _ i �� : � �-� —. —; _ = � n,: -. !r — --�, 1 i - - j�; - „� ------.�,:.._ _. . .. �ciates �i � M N � � ' C� • .M �u'1 I � �, . : : wo � i ��a �` �• � o� Q�1'� C �� .� � N � yr'j.�...d 1 � Q� !�'1 rl � � 1 U] w tD N t!1 tf1 � �� 'iaaa � !� � oa aa m .� ��++ � � .-1 N M 1�J / U2t� I EE� � w N � � /� H E cn •C i / � � ;!� /-' � .�1 1 � � � � ., y ��N ��. .� � o � � s � w W �' �.� � r ; r+ O a. � Q � � � i E� ��p � W ��.� � ;� ,. �� _, � c� o c� r• o� rf l0 N f*1'r-1 N 1� � N r �1 / 1 1 1 / �i ' ci > �., � . � ��. a �� E �' � �' • . :�;� � . .� a', N 0 � � i i ■l � � 4t 4J . .,. , li _.+ / � ,.S . ► ' 'i• % �'� ' � ' > > � 1. PROVlDE DECK ELF�IENT DETAILS - ALL DEqC FASCIA TO BE PRE-FINISHED METAL TRIM; DECK POST SUPPORTS TO BE PRE-FINISHED METAL. 2, ARCHITEC7URAL FACADE BEHI(� DECK TO BE BRICK UP TO HORIZONT/�L. NETAL BAND, 3. COLOR SCHEME - SAMPLES OF ALL AkCHITECTURAL FACADE MATERIAL TO BE SUBMITTED FOR ClTY APPROVAL. 4. PROVIDE BRICK SC�DIER CpURSE FOR WINDOW SILLS ON FIRST TWO FLOORS FOR WINDGW OPENINGS. THIRD FLOOR WII�OW SILLS TO BE DETERMINED; WITH STAFF APPROVAL. 5. ALL TRASH ENCLOSURES TO BE BRICK ENCLOSURES; ONE PER BUILDING TO BE PROVIDED. 6. ELEVATIONS WHICH INCLUDE DETAILED FACADE MATERIAL DESCRIPTIONS TO BE SUBMITTED BY IVONEMBER 10, 1986. 7� �VELOPER WILL ENSURE ADEGIUATE ON-SITE PARKING THROUGH MANAGEMENT OR PROVISION aF ADDITIONAL PARICING AREA. DEVELOPER TO SIGN PARKING LOT AND ENFORCE TO ACCCMPLISH PARiCING IN DESIGNATED AREAS Of�LY. 8� PROVIDE A SITE IMPROVD�IENT PERFORMANCE BOND: AMOUNT TO BE THREE PERCENT OF CONSTRUCTION VALUE (SEE BOND FORM). 9. DEVELOPER TO IMPLEMENT AMENITY PACKAGE AS DEFINED IN CLIFF'S/FRfDLEY CONTRAST. REMOVE AMBIGUITY PRIOR TO COUNCIL WEETING. 10. SOUNDPROOFING TO BE INSTALLED ADJACENT TO LAUNDRY ROCMS AND STAIRS. 11. REZONING IS FOR THE NORTH PAR1C ESTATES PROJECT ONLY AS DEPICTED ON APPROVED SITE F'I.ANS AIVD ELEVATIONS INCLIAING SPECIF(ED MATERIALS. 4K NCRTH P�RIC ESTATES �� :. � ' -:. i C> >' � � 1► ► . . ■A '�� REVlSED 11/14/86 1. PROVIQE BERMING TO SCREEN PARKlNG ALONG $3RD AVENUE N.E. 2. PROVIDE 3 ADDITIONAL STREET TREES Af� SHRUBBERY ALONG 83RD AVENUE N.E. 3. PROVIDE ADDITIONAL SCREENING AL..ONG THE EASTERLY 28 FEET; THROUGH THE AQDITION aF SIX OVERSTORY SHADE TREES. 4, PROVIDE A COORDINATED BERMING AI� LANDSCAPE PLAN FOR THE ENTIRE SITE. 5, pLL SHRUB BEDS TO BE EDGED AND MlA_CHED WITH A WEED B�ARRIER PRW IDED. 6. ROCK MI�.CH TO E3E I NSTALLED AS I I� I CATED ON LANDSCAPE PLAN QATED 10/ 14/86. EXCEPT ADDITIONAL ROCK IN PARKING. SEE #12. 7. PLL TURF AREAS TO BE SODDED EXCEPT AREA WEST OF NATURE CENTER SECURITY FENCE, AND li� FEET BEYOi�D TRAIL TO NORTH TO BE SEEQED. 8. PROV I DE AN IMPROVED I NTERNAL EIARDSI�tFACE PATHWAY SYSTEM WH I CH CONNECTS THE DEVELOPI�IENT FR(�I EAST TO WEST A(�D NORTH TO SOUTH: TO BE CONSTRUCTED WITHIN ONE YEAR CF 7P1� OCCUPANCY. 9. ALL DEVELOPMENT LANDSCAPING TO HAVE I�ERGROUND LAWN SPRINKLING. SIMILAR TO TFiAT AT iHE CLI�F'S DEVELOPMENT. 10. BUILDING EI� ENTRY PLANTING BEDS TO BE BERNSED. 11. (MPLEI�IENT PER I PHERAL WALIaNAY SYSTEM AS SHC�+JN ON S I TE PLAN. 12. SOD OR PROVIDE ROCK MULCH FOR THE FIVE LARGE CURBED PARKING LOT INDENTATIONS. 4L IVCRTH P�RIC ESTA I ES �► �:. � ' �:. �i � � � � � �I '� � � f�V I SED 11/ 14/86 l. PROVlDE IMPROVEMENTS TO NATURE CENTER BERM LANDSCAPING AS AGREED ON OCTOBER 22, 1986 ; A, PROViDE 12 ADDITIONAL OAK TkEES ALL ALONG BERM TO 1NCLUDE 6- Z"i 3- 3" AI� 3- 4" TREES. B, SI.MAC - OUT: CHANGE TO HIGHBUSH CRANBERRY 18" - 24" IN SlZE. BLACK C�IOKE OUf : CHANGE TO H I GHBUSH Ci2AI�ERRY 1H" - 24" i N S I ZE . /aDQ ADDITIONAL SHRUBBERY TO BERM TO SCREEN THIRD GARAGE FROM SOUTH. (WORK WITH NATURE CENTER DIRECTOR). C, ASH - OUT: CNANGE TO SILVER MAPLE 2 1/2' IN SIZE. D. PROUIDE 1Z I�bRWAY SPRUCE IN ADD1710N TO THOSE SPRUCE PLANNED, 3' - 8' IN SIZE. E. NbRE EMPHASIS ON PLANTINGS NEAR TOP OF BERM. 2. SI-IOW FENCE ON PLAN. TRAIL 70 BE ON THE DEVELOPMENT SIDE OF THE FENCE. FENCE GENERALLY TO BE LOCATED WEST OF TRAIL AND ON THE DEVELOPMENT SIDE (�F THE BERM. EXCEPT, LOCATION ON LARGE BERM TO BE ON NATURE (�NTEK SIDE QF BERM. 3. FENCE TO BE 6' GREEN VINYL CLAD WITH NO TOP RAIL. 4, FENCE GATES TO BE TU�N STYLE DESIGN. SELECTION TO BE APPRONED BY NATURE CENTER DIRECTOR, 5. CANTINtJE BERMING AND SEEDING ON NATURE CENTER TO 85TH AVENUE N.E. AND /aROUND CORNER (F EXCESS FILL IS AVAILABLE. 6. CONTINUE SECURITY FENCE TO 5�d' BEYO�D NORTH G�F DEVELOPMENT AI� 50' TO THE WEST ON THE SOUfHERN E1� OF THE SITE. 7, POND DEPTH ( I N NATURE C�NTER) TO BE 5' AT NOF�L. WATER LEVEL , LOCAT I ON AND SIZE TO BE APPROVED BY NATURE G�NTER DIRECTOR, NATURE CENTER INTERFACE; REFINEMENTS P,� 2 4M 8, DEVELOPER TO' I NSTALI. APPROPR I ATE WALIaIAY CONNECT I ONS ON NORTH AND SOUTH TO EXISTING NATUKE CENTER TRAIL. 9. SEED MIX ON NATURE CENTER TO INCLUDE WOODLAND AND PRAIRIE FLOWER MIXTURES. SEED TO BE MI�CHED. 10. CONSTRUCTION ZGNE TO BE SHGWN ON GRADING PLAN AND APPR0IIED. TREES TO 8E FZENI�VED TO BE MARKED AND APPRONED BY NATURE C�NTER DIRECTOR, 11. TREES TO E3E SAVED TO BE PROTECTED BY SN(kV FENCE: PLACEMENT ASSISTED BY NATl�2E (�NTER D I RECTOR. 12. PROVIDE A COORDINATED BERMING AND L.AIVDSCAPE PLAN. 0 4N NCRTH PPRIC ESTATES �� :. � . . ,... � �!1� ;�� ►�u ►Iti� 1, POD ADDITIONAL DECORATIVE LI(�ITING AROUND PONDS; MININ�,M OF THREE LIGHTS FOR EJaCH P01� . 2, FINAL DESIGN FOR POf�D/DRAINAGE ELEMENTS WILL PROVIDE FOR RETENTION OR DETENTION AREAS WHICH WILL FUNCTION EFFICIENTLY AND CONTRIBUTE TO A VISUALLY PLEASING AND LOW MAINTENANCE DRAINAGE SYSTEM. 3, DEVELOPER TO ASSI,ME RESPONSIBILITY OF ANY RFlOCATION AND CONSTRUCTION OF EXISTING NATURE CENTER BOARDWALK NECESSITATED BY NATURE CENTER POND CONSTRUCTION, 0 RESCLUTION N0. - APPROVII� FINAL PLAT OF NOR�i �,RK FS�1Tf� WHERFAS, the Planning Commission held a public hearing on the North park Estates glat on October 22, 1986 and reo�mmended appraval; and WHERFAS, the City Council also wnducted a publ ic hearing on the proposed plat of l�brth Park Estates at their November 17, 1986 Council meetinq and approved the plat at their 1986 meeting; and NGW, �iEREEI�RE, BE IT RESCd�VID, that the City Council of the City of Fridley hereby appraves the glat known as North Park Estates and authorizes the Mayor ancl City Manager to sign the f inal plat as prepared by Harry S. Johnson, Inc. BE IT FUR'�iE�t RESCd�VID, that the petitioner is requested to reoord this plat at Anoka County within six (6) months or said apprwal will become null and void. PASSID AI�ID AD�Fi'ED BY �iE QTY QxJNCIL OF �IE QTY OF FRIDLEY THIS II�Y OF , 1986. WII�LIAM J. 1�E - N4�YC3R ATl�'ST: SHIRLEY A. F�P,APl�LA - CITY Q,ERK 3/7/3/10 5 5A f�R1H PARK ESTATES �. ,;,ri� ,;� r ' � 11 1 1 . F�EV ISED 12/4/86 l, DEVELOPER SI�JECT TO FAIR SHARE OF ASSESSMENTS ON A POSSIBLE FUTURE ROAD ALONG THE NORTH END OF DEVLOPMENT SITE. 2, PROPERTY OWNER AGREES TO PROVIDE ON PLAT AN ADDITIONAL 65 FOOT WIDE RIGHT-CF- WAY FOR A LOOP BACK. TO PROVIDE A FUTURE ROAD CONNECTION BETWEEN 83RD AVEI�JE AND 85TH AUEIVUE. 3, PARK FEE TO BE PAID AS FOLLOWS; BLOCK 1, LOT I- 358 x 50f� _$179,(l�0; TOTAL AMOUNT TO BE PA I D W I TH FIRST BUILDING PERMIT. t3LOCK 1. LOT 2 AND BLOCK 2. LOT 1- S(�l1ARE FOOTAGE TO BE DETERM I f�D: FEES TO BE PAID WITH BUILDING PERMIT OR REPLATTING AT THE PREVAILING RATE. 4, DESIGNATE EXISTING 33' EASEMENT ON SOUTH AS DEDICATED RIGHT-OF-WAY ON PLAT. 5, DEVELOPMENT WATERLINE SHOI�D PRU►VIDE FOR 2 SIUBS ON THE NORTHERN SECTION WITH TEES AND VPLVES; TO BE COORDlNATED W4TH CITY ENGINEER. 6, DEVELOPER AGREES TO PAY UP TO 25X OF NON-PUBLIC COSTS ASSOCIATED WITH POSS I BLE S I WIPL I ZAT I ON ON 83RD AVEtVI� AND UN I VERS t TY AVENUE ANO AT 85TH AVENUE AND FUTURE ACCESS ROAD. � •� :I �' . � E :: • • ��i .. . . il) (.ucn) B��sTa/ l'o�y (C� . �� .w�'�" P.S. #86-0 Unii��ty venu . � oc: my �� °�,wti� ��O az � . . .� � � �� 1 . � :'�° ��^.a �Q�W�e � � m� o� � ° �g�� • � •�i. : aw � �.� ,00 ..... - .. _... , 1 � Sl` ��" . � 3 ^ �� v 0 `, � �!` w ti �(�)� :W ��,..,. . .��a� � � Iil ) 7 � ,� .. ��. � ��•) s„ - ,r =a „ � - - — ' _r�a 1 � f �s�� , � , Y 1 � F . 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Ylww u��M-�� Jja. � � --'--'---------- ' � ° -�--- --�- --�—�-- y� � ■ � � ,� ;-� �;� , � �� Wt Im 9'I �• q;l � ' � ;;i I i i� � � I �1� i ° � ��i � ' �� ---r-�=-- =_----�-------- �'•� � � _ ', --d,.�__ -- rs•ar�a��r.rw�� s 5C l•J CITY OF FRIDLEY PLAt��ItJG COHMISSION MEETI��G, NOVE�I6ER 19, 1986 CALL TO ORDER• Chairperson Biliings called the t�ovember 19, 1986, Planning Cormiission meetin� to order at 7:32 p.m. ROLL CALL: Mec�bers Present: Steve Billings, Dave Kondrick, Dean Saba, Sue Sherek, Donald Betzold �1er:�bers Absent: Richard Svanda Otiiers Present: Jim Robinson, Planning Coordinator Jock Robertson, Community Develo�ment Director Dennis Schneider, Councilperson f�ancy Jorgenson, Councilperson-Elect Ptr. &!trs. Richard Lindquist, 1326 Hillcrest Dr. Helfride tianning, 1315 Hillcrest Dr. Connie �lodig, 133Q Hillcrest Dr. Edna Hinvtzke, 1328 Hillcrest Dr. Steve Sl�orma, 5916 f'ak4�ood Pianor Yoava Klucsar, 1337 Nillcrest Dr. Charles Caok, Coon Rapids APPROVAL OF tIOVEHBEP, 5, 19a6, PLA��JItlG COlit1ISSI0�l P1I��UTFS: MO'_''ION BY NR. KONDRICK, SECONDED BY .MR. SABA, TO APPRO[B TXF, PIOVF:MBER 5, I986, PLNJNIIIG COMMISSION 1�fINUTES AS WRITTEN. UPUN a VOICE VOTE, ALL VOTING AYE, CHAIRPERSOII BILLIPIGS DF.CLARI:D THF. MOTIOI) CARRIED UNANIMOUSLY. 1. PUaLIC HEARIt•�G: CONSIDERATIOfJ OF A PRELIPII��ARY PLP.T, P.S. #86-06, Y , eing a rep at o t at part o ot 22, oc 3, oore a.e i s, noka County, Plinnesota, lying southerly of a line described as follor�s: Beginning at a �oint on the northeasterl�� line of Lot 21, Block 3, Hoore Lake Hiils, distant 35.00 feet northv�esterly from the northeast corner; tiience southv�esterly to a point on the south- westerl�� line of said Lot 22, distant 42.OQ feet northwesterly from the southr�est corner of said Lot 22 and there terminating. Except that part thereof lying northeasterly of the follor�in� described line: Beqinning at a point on the north line of said Lot 22, distant 5.00 feet westerly fror� the northeast corner; thence southerly to a point on the south line of said lot, distant 60.00 feet westerly from the southeast corner. Subject to easements, if any, and that part of Lot 21 and 22, Block 3, Moore Lake Hills, Anoka,County, �!innesota, lying easterly, southeasterly and north- easterly of a line described as follows: Beginning at a point on the northeasterly line of said Lot 21, distant 212.00 feet southeasterlv of the most northerly corner of said Lot 21, ti�ence southwesterl� of the most � PLANNItlG CO�IMISSIO�� 1EETI�lG, NOVEttE3ER 19, 1986 PAGE 2 northerly corner of said Lot 21, thence southwesterlv, at a riqht angle to said northeasterly line, to its intersection with line A, hereafter described, tiience southwesterly, along said line A to its intersection with a line described as beginninq at a point on the north line of said Lot 22, distant 5.00 feet westerly of the northeast corner, thence southerl�i to a Aoint on the south line of said lot 22, distant 60.00 feet westerly of the southeast corner, thence southerly, along last described line, to the soutii line of said Lot 22 and there terr�inating. Line A is described as beginning at a point on the northeasterly northeast corner, thence southa�esterly to a point on the southvlesterlv line of said Lot 22, said point distant 42.00 feet northwesterly fron the southv�est corner of said Lot 22, and there terminating. Subject to easements, if any, and the east 6�0.00 feet of tf�e south 200.Q0 feet of the north 882.5 feet of the northwest quarter of the northeast quarter of Section 24, Townshi� 3�, Range 24, located in Anoka County, Ninnesota, generally located south of Hillcrest Drive and north of Gardena Avenue. !�OTIO.'V BY MR. KONDRICI;, SECONDED BY MR. BFTZOLD, TO WAIVF. ..TF.'F. FOR"!AL RF'l1DI"7G OF THE PUBLIC HEARING NOTICE Al'1D OPEPI THF. PiIBLIC HT.AI?IPIG A^_' 7:33 P.rf. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPF.RSON BILLINGS DECI.JlRF.D "_'IIF. MOTION CARRIED IINANIHOUSLY. "�r. Robinson stated this property was located south of Moore Lake Hills and north of Gardena Ave. The property involved three parcels of land for a total of 3.25 acres. C'ne parcel (2.75 acres) was ormed by Oliver Erickson, another parcel had been subdivided off the back of an existinq sinc�le far�ily lot and �•�as owned by the Bacons, and Lot 22 was owned by the Johnsons. The layout for the plat consisted of a 330 ft. roadv►av with a cul-de-sac at the end. The roadwav was an extension of the existing 60th Ave. The right-of-way for the road was�60 ft. with the actual surface of the road plus or minus 30 ft. The radius of the cul-de-sac was 80 feet in diameter. and the actual surface area for the cul-de-sac was 80 ft. in diameter. Mr. �obinson stated there were seven lots, and all the lots were qreater than 9,000 sq. ft. which a�as the minimum required bv code. All the lot widths were greater than 75 ft. which r�as also the r�inimum reauired by code. The plat was laid out such that the road was at the bottom�of a ravine a�ith all the lots on the adjacent side slo�es. The develooer had stateu that most of the homes, because of the uniqueness of the site, would be architecturall� designed homes. Mr. Robinson stated the property would be serviced by utilities which woul�+ include a 6-inch water line which was a continuation of an existing water line fror� 60th Ave. which would cor�e do►,rn and loop up and between Lots 21 and 22. The loo� was consistent with the Public Works Department's requirement for looping a water line. That water line would be 6 inches throughout the plat. There �rould be a sanitary sewer line v�hich would also be looped fror� 6�th Ave. . : PLI�i�NI�Jr CnMt1ISSIOtJ MEETI��, t�OVE�i6ER 19, 1986 �A�E 3 Because of the difference in elevations of the existing sanitary sewer line and the proposed line, the new homes would all feed into a lift.station at the end of the cul-de-sac. Mr. Robinson stated the storm water seer�ed to be the critical issue with this plat. Presently there was a pipe which onened onto the property from 60th Ave. and that water was allowed to drain into the open area. With the plat, the netitioner was proposing to pipe that storm water into a storm drainaqe �on�i at the end of the cul-de-sac. He stated the City has received a storm drainage plan prepared by Suburban Engineering, and the project must receive Rice Creek Watershed District approval before the plat is approved. The Cit� engineers are reviewing the drainage plan with the develo�er and are not yet fully satis- fied that it is a workable solution. They will continue to refine it so the area will not be affected by the drainaqe. At this point, it was not clear ��hether all the storm vrater could be handled on site and whether, in fact, a storm pipe will be needed. �Nr. Robinson stated Staff a�as recommending the followinq stinulations: l. Ueveloper to provide a refined drainage plan one week orior to next plat hearing. 2. Develoner agrees to pay assessments for all public improvements necessitated by the plat. 3. All proposed waterlines to be 6-inch in diameter. 4. Provide easement for storm drainage system. 5. Sanitary sewer lift station to meet Public Works requirements. 6. Provide a plan and necessary easements for private utilit� services. 7. Provide a 20-ft. setback easement along the north line of nro�osed Lot 5. 8. Developer agrees to preserve trees to the greatest extent possible. 9. Park fees of $1,500 per lot to be paid with each of the seven building permits. 10. Retaining wall in cul-de-sac right-of-way to be a minimum of 10 ft. from curb; materials and design to be a�nroved bv City Staff. Mr. Charles Cook stated they are aware of the drainage which seems to be the ma,ior concern. Regardinq the drainage, it was his understandinq that his obligation was to provide a drainage plan that dealt with the excess water created from the development of the site so that ultimately there would not be any more water leaving the site than �resentiv is leaving the site in its � PLNN�JI��G C0��IISSIO�� MEETIWG, MOVEMBER 19, 1986 PIiGE 4 undevelo�ed stage. They employed Suburban Engineering to do the drainage nlan, including extensive drainaqe.calculations, and it was his understanding that drainage plan did meet tiiat requirement. The drainage plan was submitted about a week ago, and Mark Burch, Asst. Public Works Director, was lookin� at it in great detail because there was an existing flooding concern in this area. In the event Mr. Burch did not agree with the water retention designed in the plan, they do have the ca�abilitv of retaining approximately twice that amount of water by altering the design. Mr. Cook stated P1r. Burch and Citv Engineering were working on cost estimates for a storr� sewer svstem, In reviewinc� some of the approxir�ate cost estimates, he had deternined that his project could not absorb the entire cost of a st�r� drainage system. "1r. Betzold asked if Mr. Cook would be able to build the tvpes of homes he wanted to without very many variances to the city code. �1r. Cook stated the footprints for the homes within the setbacks v�ere restricted, specificallv on Lot 7. It was possible to build a large home on Lot 7 an�i sta� witl�in the re�uired setbacks if it was designed nro�erly. Ptr. Betzold stated he would strongly urge P1r. Cook to try to keeo the homes within citv code if possible. He asked hov! well Mr. Cook w�s qoing to be able to ��preserve the trees to the greatest extend possible ? Mr. Cook stated the entire site was wooded, and as in any project, they will tr� to preserve trees. It was in his economic interest to keep the trees which are part of the appeal for the lots. Councilman Schneider stated that if a storm sea�er system was needed, would it be possible to require a bond for a year or two to cover the cost o� the storm sewer system in case there v�as a problem? Mr. Robinson stated that seemed like a viable alternative. Mr. 8illings asked if it was Staff's understanding that it was the develoner's resoonsibility to see that no water leaves the site at a greater rate or lesser quality than is leaving the site at tF�is time, regardless of where the water was comin� from now? Mr. Robinson stated he believed that was a true staterient. Mr. Robinson stated the pond water elevation was normally at 938 ft. above sea level, and the walk-out homes are at 941 ft, above sea level, so the r�ater would probably run between 1318 and 1320 Hillcrest. They want to make sure that overflow does not get any worse. Ms. Sherek asked if it was correct that the develo�er was not resnonsible to correct existing water problems. If these homes routinely get water in their backyards in the sorinq, the developer would still be able to build his homes and not be responsible for correcting an alreadv existing problem? . � PLANNI��G Cfl�"�1ISSION MEETING, NOVEtiBER 19, 1986 PA�E 5 Mr. Robinson stated �e believed that was true. �1s. Connie Modig, 1330 Hillcrest Dr., stated that because of the way the lots were laid out in this development, was the develoner alanninq on bringing in any fill or would he build on the property as it is? She was concerned about fill because that would affect the water. Mr. Cook stated they will be bringing in 1,500-2,000 yards of fill which was not a very extensive amount. This fill would be used prinarily to build the road base where the existing 60th Ave. terminated and where there was�about a 6 ft.drop. The building pads themselves would not require anv fill. Ms. Sherek asked if any soil tests had been done on the buildina nads. Mr. Cook stated official soil tests had not been done. He had examinecl the soil in sor�e areas with a �ost hole digger, and he had found e�ood aualitv buildable sand under the top soil, However, they will have soil borinqs done prior to any site work. That is required by FHA. Ms. �lodig stated she liked the idea of as many trees as possible beinq saved. She was concerned about the impact on the neiahbors in terms of taxes in the future. The price ranges being talked about for these new homes would impact on their propertv taxes. She sta�ed buyin� nro�erty on the inside of Hillcrest Drive seemed to be less expensive than buving pro�ertv on the outside of Hillcrest Drive. She was concerned about that and how this develonment would affect that either up or down. Ms. �lodig stated an environmental impact statement had been talked about earlier, and she understood that this propertv did not reauirP one; however, she felt it was possible to ask for an environmental assessment worksheet that would possibly answer some of the questions re�arding the affect on the wildlife, water, etc. She knew these things could not be answered at this meetin�, byt there were questions that should be answered. Mr. Robinson stated an environmental assessment worksheet (EAL�I) addresses air quality, water quality, noise, traffic, etc. In this case, he felt the primary environmental concerns were the storri water drainage and the existing trees. Obviously, because of the develonr�ent, there was goinq to be less habitat in the area. In his o�inion, an EA.4! would not uncover any new problems. It was up to the Planning Cor.mission to determine if they wanted to require an EAW. Ms. Modig stated she was concerned, not only about the wate r and the trees, but a]so about the wildlife. They bought their home in this area because of the wildlife (owls, geese, ducks). She stated she was not aqainst the development, because it was part of progress, but she also believed that the development had to be done in a proper manner to nrotect as much of the wildlife and trees as possible. 6E PL1IP�NItJG COPI�IISSI'�P� PIEETIt�G, NOVEMBER 19, 1986 PAGE 6 Mr. Paul Colstrom, 1338 Hillcrest, asked what provisions had been made for a fire hvdrant or lighting. Mr. Cook stated that a fire hydrant would go in on the cul-de-sac, and lighting would be deterr�ined by the Citv. Mr. Robinson stated a light in the cul-de-sac was city policy. Mr. Colstrom stated he agreed with �1s. Madig about the concern for the wild- life. He had pictures of deer in his backyard, and he would hat e to see much of the wildlife disturbed. �1r. Betzold stated this rlas a unique piece of property, and the� �o want do want to make sure things are done right. He was concerned about the preservation of trees. 1f the Planning Co „ ission approves this nreliminary pl at at thi s meeti ng, i t a�i 11 go on to tiie Ci tv Coun ci 1. If the Ci t�� Counci 1 a�nroves it, the develo�er can begin develo�ing the property. He stated th�t once development starts, it is too late to start over. The Planninq Commission has only seen the lot lines. They have not seen the home designs nor will the City Council when they get this request. �taff will be monitorinq it, but clid the Planning Cortvnission want more involement than just their vote at this meeting? Uid the Planning Co►r�ission want tF�is r�atter brought back to the� when there were more p�ans reqardinc� the home designs, drainaqe plans, trees, etc. ? Those ��ere sor�e of hi s concerns . �1r. Saba stated the trees could be saved in the initial develooment, but so�e- one who bu�s the prooertv two years f ram novi coul �1 cut al l the trees clot•m . The Citv reallv has no control over that. He felt the biggest concern he had heard at this meeting was the drainage, and Councilpers�n Schneider had suggested a bond be required so if there were some problems, the money was there to pay for the instailation of the storm sewer, Ne thought that r�ould alleviate a lot of the concerns. He knew there was a concern for the wildlife, but he did not know what they could do about that. The developer would want to be sensitive to that issue because he wants to sell homes. He stated Staff will be monitoring this and will be working closely with the develo�er on the tvpe of I�ousing that goes in on these lots. Mr. Kondrick asked if it was fair to insist on the issuance of a bon�i if the developer receives approval from the City Council that everything in the project seems to be fine. Ms. Sherek stated thP cost of puttin� in a storm sewer system ma� e�uai or exceed the cost of the pronertv after it is develo�ed. The i�iea of settinq it up so that the developer could be responsible for payinc� for a storrn sewer some day did not seerf feasible for this size of develonment. Mr. Robertson stated that in answer to the inauiry about preservinq the trees, maybe stipulation #8 could be changed as follows: "Developer agrees to preserve trees to the determination and satisfaction of the Cit� Staff." That sti�ulation would en go on recor wit e o a an wou e no ed hy any future purchaser of any lot. 6F PLANNIIJr, COt9MISSION MFETINr,, NOVE�I6ER 19, 1986 PAGE 7 Mr. Cook stated they have to be very careful in the lan�uage because g hoMe- owner Mav v�ant to take down trees for whatever reason. He felt it was a tough linitation to monitor and was verv subjective. People who are buying $2�0,000 homes are goinq to be very careful about cutting down trees anvway. Mr. Robinson stated someone could buy the pro�erty, move in, and then want to cut down trees to qut in a swimming pool. ��las the Citv going to monitor that? He felt the best the Citv could do was control the buildable site and the location of the homes, making sure the develper is sensitive to the concern of the City and the neighbors regarding the trees. Mr. Cook stated that regarding the wildlife, the plat only borders on about 1/3 of one of the ponds, and there was another very sizeable �ond further east. He did not think there would be a verv great impact on the ►•�ildlife because there are lots that border all these lots rigtit now. Mr. Cook stated he would be very uncomfortable with the concent of �osting a bond for the cost of a future storm water system, regard]ess of t�hether the cost was �20,000 or $200,000. The engineers that review the drainage calcula- tions are preparing very conservatively;so are the Rice Creek Watershed District Board because thev have liability. If they aporove sanething and there is flooding later on, people can sue the City, so they are not going to put them- selves in that position. The svstem heing pro�osed by him was desiqned to retain the water in its present design and he had the can�bilitv of retaining suhstantially more than that. It was a nice theorv to get the site develoned; but then five vears from now if there is flooding, everyone is going to n�int the finger at f�im. 41hat if a fair amount of this water is presently percolatin� here and what if the siit builds up and plu4s that nercolation, that rrnuld not be his fault. Or, w4�at if the school builds an 80-car parkinc� lot and adds a sanctuarv and their designed drainage s�ster� does not work causing the floodinQ, then he ��as the one with a posted bond. This made him verv uncomfortable. Mr. Cook stated he really believed that the engi�neers, as concerned as thev were, were going to make sure his system worked. Mrs. Richard Lindquist, 1326 Hillcrest Dr., asked that if this development 4ras approved with the proposed drainage plan, but in the future there was floodinq and a storm water systeM vras needed, who viould pay for it? Mr. Robinson stated City Staff would have to determine that a storm water s�stem was needed and staff would have to come un with a cost. Public hearing notices would �e sent out to everyone affected. The City Council would then decide who was benefitting fror� the storm sewer system and those neonle would then be assessed. Ms. Sherek stated she did not think thc: question of who were the benefittina parties could be answered by this hody or even by the City Council in an� concrete way on a hvpothetical basis. Engineering dra�vings would have to be prepared first, a determination of who was benefitting would have to be made before anyone could say who would pav for a system like this. She did not think they could even hazard a guess at this point in time. �•l� ,. PLl'�"l��ItlG COt�1MISSIO�! MEETIt�G, PJO��EMBER 19, 1986 PAf,f. 8 MOTION BY MR. BETZOLD, SF.CONDED BY EfS. SHEREK, TO CLOSF. THE PUBLIC HFARIP'C. UPON A VOICE VOTF., ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED TNF. PUBLIC XEARING CTASED AT 8:50 P.M. Mr. Betzold state�i he felt a little uncomfortable with this because t►•ro r:iaior variables were not available to ther�. They do not know ►vhat the Rice Creek lJatershed District thinks of this plan, and they do not know what information the Ci ty Staff �•�as goi nc� to come up wi th reaardi nc� the cost of a st�rm ��ater system or other options that r�ic�ht be avall�ible if the cost of a storrn water syster� rtas nrohi bi ti ve. IJhen ttii s goes to Ci ty Counci 1, the Ci ty Counci 1 shoul d have that full nicture. Any recommendation the Planning Commission makes should reflect that the Planning Commission d-�d not have all the information thev needed regarding this development at this time. Mr. Robinson stated it was within the Planning Commission's right to table this ite+� and defer any action until more inforr�ation was available to them. Ms. Sherek stated she would be more comfortable tabling this item until thPv have seen an accepted drainage plan. Mr. Saba agreed. He stated there were a lot of variables in the drainane nlan. Hov�ever, he r�ondered if a lay-over for two more weeks to look at the drainage pland would create an economic hardshi.p for t1r. Cook. Mr. Cook stated any delay was not desirable. He did have time limits on his o�tions on the pronerties. He stated the F:iver�•roo�i Plat a �ear aqo cii�i not have the final drainage pTan even at Citv Council, and the City Council an�roveci the plat subject to the drainage plan being worked out satisfactoril�� with Staff. Mr. Billings stated that was an alternative open to them, but the Riverwood site did not involve the concerns being expressed for this site. MQTZON BY �1S. SffF•REK, SF•COt/DED BY bfR. BETZOLD, TO TABLF. FURTtiER COl1S_TDERA'1'ION OF PRELIFtINARY PLAT, P.S. �86-06, VALLEi' �OAY�S, BY CHARLF.S COOK UNTIL TIIE DECEMBER 10, 1986, PLANNING COMMISS7017 MF.F.TING. P1r. Kondri ck stated f�e di d not understand why they a�ere tabl i nq tl:is for t�� reeks. Stipulation �=1 stated that the develo�er had to provide a refined drainage plan one �+eek prior to next plat hearing, so the developer cannot go fo rv�ard until this stipulation was �et. Mr. Robinson stated they do not usually have a drainage �lan when they c ane to the Planning Commission, but it has been determined that the drainage is a key issue and that the present plan does not meet the needs of the neighborhoo�i. Mr. 8illings stated he ��ould be concerned that if the Planning Comnission made a recomnendation to the City Council at this meeting, that all the ansa�ers regardinq the drainage would not even be ready in time for the nublic hearing at the Citv Council. He would rather have it come back here so thev knor�� the drainage questions have been answered before going on to the Cit� Cotincil. 6H PLAW�JIt1G COMr1ISSI0f! MEETING, f�OVEH6ER 19� 1986 �_�_ __ � �_PAG_E 9 Mr. Cook stated he wanted to again state that his �roject couid not su�port the cost of a storm water system. If it is determined tFiat a storm svstem is needed to handle the drainage, his project is dead. His only other alter- native is to retain the water on site. That deterraination requires in-depth engineerinq study by peopie qualified in that area such as Suburban Engineerinq, Mark Burch, and the Rice Creek Watershed District Board. Mr. Cook stated that at this time,Mr. Burch had not completed his analysis of the proposed drainage plan. He had made the comment that he questioned the plan. ttr. Cook stated he has stated that he can increase the retention capacitv if thev need to do so to achieve on-site retention. He has no choice because he cannot afford the storm sevrer. t•fhen this goes to City Council, he will I�ave to have on-site retention and it will have to be a plan accepted by htr. Burch. Mr. Robinson stated that any change in the drainage plan could alter the plat, the lot lines, easements, etc., so this was not in the state they wauld like to send it on to the City Council. UPON A VOICF. VOTE, ALL VOTING AYF., CHAIRPERSON BILLINGS DECLARF,D Tf!F. MO?'IOII CARRIEA UNANIFfOUSLY. Mr. Bil]ings stated that when this comes back to the Planning Commission on Dec. 10, he would like Staff to get the answers to the followinc� two Questions raised by �1s. �todig: (1) Will the new development affect the valuation of the existing properties in the area? (2) Is there a discrepancy in land nrices with regard to the inside of Hillcrest Dr. versus the outside of Hillcrest Dr,? P1r. Biliings stated that regardinc� the concern expressed bv the neighbors about the im�act on the wildlife, he asked Staff to send a letter of inquiry to the DtJP, and al so to asl� the Ci ty f�atural i st , Si ah St. C1 ai r, to vi si t the area. Ms. �1odig stated she would like to be notified when P1r. St. Clair visits the area. 2. CONSIDFftATIQ�I OF A VACATION RE�UEST, SAV #86-A6, BY CHARLES COOY,: acate easements or pu �c ut> >t�es escr� e as o ows: e south 5 Feet of Lot 22, Block 3, P1oore Lake Nills and the south 5 feet and the east 10 feet of Lot 21, Block 3, D1oore Lake Hills, generally located south of Hillcrest Drive and north of Gardena Avenue MO'!70N BY MR, BETZOLD, SECONDED BY MS. SHEREY., TO TABLE TKIS ITEM IINTIL THF. DECEMBER 10, 1986, PLANNING COMMI.SSIQN MEETZNC. • UPON A VOICE VOTF., ALL VOTING AYE, CHAIRPERSON BILLZNGS DECLARED THF. MOTION CARRIED UNANIMOUSLY. 61 . . ... . _. .. .. .. . PLAr�r�I�1G C��r1�SSi0�� t1EETIP�r, t�OVE�IBER 19, 1986 ' � PA�E 10 3. RECEIVE SEPTEMBER 23, 19ab, HOUSIfJG & REDE��EL�P�IE��T AUTHORITY SPECIIIL , MOTION BY MR. BETZOLD, SECONDED BY MR. SABA, TO RECEIVE THE SEPT. 23, 2986, HOUSING 6 REDEVELOPMENT AUTHORITY SPECZAL MF.F.TING !►flNiITF,S. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARF.D THF, tfOTION CARRIED UNANIMOUSLY. 4. RECEIVE OCTOBER 9, 1986, HOUSING & REDEVELOPMENT AUTHORITY_�(INUTES: MOTION BY MS. SHEREK, SECONDED BY MR. BETZOLD, TO RECEI['E THF. OCT. 9, 1986, HOUSING & REDEVELOPMENT AUTHORITY MINi1TES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPF.RSON BILLINGS DEC.T.ARF.D THF. MnTInN CARRIED UNANIMOUSLY . 5. RECEIVE OCTOBEF: 28, 1986, APPf.ALS CON�IISSI(1PI MIMUTES: MOTION BY t1R. BETZOLD, SECONDF.D BY MR. KONDRICK, TO RECS2'VE THE OCT. 2F, 1986, APPEALS COPIMISSION MINUTF.S. UPON A VOICE VOTF., ALL VOTING AYF,, CHAIRPERSON BILLIP7GS DECLARF.D THF. rfOTIOP; CARRIED UNANIMOItSLY. 6. RFCEIUE. OCTOf�ER 28, 1986, EtlEP,GY C0�1PlISSI��I ��IMI�TES: MOTION BY MR. SABA, SECONDED BY MR. BETZOLD, TO RECF.IVE' THE OCT. 28, 1986, ENF.RGY COM."tISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPF.RSOP7 BILLINGS DF.CLARED THF MOTIOfI CARRIF•D UNANIMOUSLY. 7. RECEIVF N(1VEt16ER 3� 198�PARKS & RECREATIOt( C(1�',P�ISSION_ �tI�dtITES: MOT.ION BY �lR. KONDRICK, SECONDEn BY MR. SABA, TO RECEIVE THT. NOI�. 3, 1Q86, PN2KS 6 RECREATION COMMISSION MIPIUTES, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DF.CLAP.F.D TFIF. "f0'r'IOPI CARRIED UNANIMOUSLY. 8. OTf1ER BUSI��ESS: a. Annuai Planning Institute Mr. Robertson stated this seminar was for Planninq Cormissioners and elected officials and would be held in St. Paul on Dec, and Jan. 21. Ne stated it was a good introduction to new Plannin� Commissioners anc� new Council memhers. It was also a good tune-up for ccxm�issioners who 6J PLA��NIf�G C(1MMISSION PIEETING, NOVEMBER i9, i986 __ PAGE 11 have served for awhile to review changes in state law, case law, ner� development and practices, etc. He stated he would F�ighly recomnend this seminar and any Commissioners who wished to attend should contact him. b. Dumpster Screening Code Change �4r. Robinson stated this was a redraft of an ordinance change that would affect all ca►mercial, industrial, and R-3 zones. Basically, they were saying that the dumpster area should be screened from viev� fror� any puhlic right-of-way and residential areas, not necessarily from all four sides, and has to be architecturally compatible with the principal structure. Mr. Robinson stated posts would he required in front of the corners of all enclosure sides exposed to veh�cular movement. Mr. Robinson stated gates r�ay not be required on an enclosure if the onen area would not cause the receptacles to be visible fror� the public right- of-way or residential viev�. If a gate was required, it should be opaque and constructed out of sturdy treated wood or a slatted chain link fence. P1r. Robinson stated restaurants shall havP fully enclosed dumpsters with latching gates. Nr. Rot�inson stated receptacles which cio not require screeninc� shall be maintained in a clean and orderly fashion. ;1r. Billings stated he was concerned with the definition for "restaurants", because there are other establishr�ents that create the sar�e kin�i of food wastes. Ms. Sherek stated they had the same problem with the unenclosed dumpsters in R-3 zoning and with establishments such as Super America stations where waste pours over the top of the dumpsters. ��laybe they should say dum�sters that include food wastes should have.iatching gates. Mr. Robertson and t1r. Robinson suggested that 7.D.(d) be rewordeci as follows; "Establishments that generate corm�ercial food wastes shall have fully enclosed dumpsters ��ith latchinc� gates." Ms. Sherek stated that would include hospitals and nursinq homes, for example, that are not restaurants but generate food wastes. MOTION BY MS. SHERF.K, SECOt7DED BY MR. KONDRICK, TO RF.COMMEND TO Cl2'Y COUNCIL APPROVAL OF TNE DUMPSTER SCREENING CODE CXANGE AS SUBMITTED BY STAFF F)ITH THE FOLLOWING CHANGES: 1. D.B.(d). "ESTABLISHMENTS THAT GENERATE COMINERCIAL FOOD 67ASTES SHALL HAVE FULLY EITCLOSED DUMPSTF.RS WITH LATCXING GATES." 2. THE CODE INCLUDE R-3 ZONING. UPQN A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARF.D TXF. MOTZON CARRIED UNANIMOUSLY. 6K PLANNIt1G COt'�iISSIOP� MFETI�IG, �1QVE�IBER 19, 1986 PAGE 12 ADJOUR�IMEtJT: MOTION BY MR. BETZOLD, SECONDED BY MR. KONDRICK, TiD ADJOURN T8E MEETII'7G. UPON A VOICE VOTE, ALL VOTING AYF.� CHATRPERSON BILLINGS DECLARED THE NOV. 1Q, 2986, PLANNING COFIMISSION MEETINC ADJOURNED AT 9:40 P.tf. Respectfully submitted, , Lyr . a ha Recordinc� Secretary 6L CITY OF FRIDLEY APPEALS f,(N�IMISSIO�� PIEETIPaG, tJOVQ�I6ER 25, 1986 CALL TO ORDER: Chairperson 6etzo]d called the Nov. 25, 1986, Appeals Cormission meeting to order at 7:35 p.m. R�LL CALL: Menbers Present: Donald Qetzold, Alex Barna, Diane Sava�e Menbers Absent: Jerry Sherek Ottiers Present: Darrel Clark, City of Fridley Linda Fisher, 1500 Northwester� Financial Center Ken Qelgarde, 7841 Wayzata Rlvd. Eugene Hagberg, 5881 - 2nd St. P�.E. David Koski, Barton-Aschman Assoc. Jim Robinson, Planning Coordinator APPROVAL OF OCTOQER 28, 1986, APPEALS C0�1�1ISSION MINUTES: MOTION BY MS. SAVAGE, SECONDF.D BY h1R. BARNA, TO APPROVE TNE OCT. 28, 19FF, APPEALS COMMISSION MINUTES AS F7RITTEPJ, UPnrl A VOICF, VOTE, ALL VOTING AYE, CHAIRPERSQPI BETZOLD DECLAP,F.D THF. MOTION CARRIED UNANIEfOUSLY. APPROVAL OF APPEALS COFI�IISSION 19a7 TEPJTATIVE HEETIP�G DATFS: MCYIION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO APPROVE THE 1987 APPFALS COMh1ISSION MF.ETING DATES AS SUBMITTED BY STAFF. UPON A VOICE VOTE, ALL VO'!7NG AYE, CKAIP.PF.RSO?7 BE?'ZOLD DF.CLARED TNF. MOTIOlI CAFZRIED UNANIPfOUSLY. ], C�NSIDERATIOP� OF A VARIANCE REQUEST, VAR #8F-31, BY EI�f,EPJF AND JEAP� NAfBF�G PURSUA"IT TO CN PTER 205. 1.5, D, 3, 0 tI CI - �, EDllCE H SI E S . 25 FEET TO 17.5 FEET TO ALLQII THE COtlSTRl1CTI(1P� OF A DET CHE CESS RY BUILDI�JG Otl LOT 30, BLOCK 23, NYDE PARK ADDITIO�J, THE SA�1E BEING 5881 - 2ND r�r�rrT u r rntn� f`v ��T�1�IrCATl1 cLA9A . a_• MO'_'IOIJ BY MI2. BAFtNA, SECONDED BY 115. SAVAGE, �O OPErI THE Pl►BLIC HEARIl16. UPON A VOICE VOTE, ALL VOTIIJG AYE, CHAIRPERSON BF.TZOLD DECLARED THF PUBLIC HF•ARIlJG OPEN AT 7:38 P.1f. 6M API'EAl S COtU�tISSIOP� �1FETI��G, fJOVE��BER 25, 1986 __ PAGE 2 Chairperson Betzoid read the Administrative Staff Report: AfN1ItJISTRATIVE STAFF REPORT 5881 - 2nd Street N.E. VAR #86-31 11. PU[3LIC PURP(lSE SERVED BY P,FQIIIRQIEP�T: Section 205.2].5, ll, 3h requires that an attached or detached accessory building v�hich o�ens onto the side street shall be set back at least 25 feet. Public purpose sPrved by this requirer�ent is to allo�•� for off-street parki ng v�i thout encroachi nq on the puhl i c ri ght-of-a!ay ancl ai so the aesthetic consideration of the neighborf�ood to reduce the building "line of sight" encroachMent into the neighhor's front yard. G. STAT�� HARDSHIP: "The hardsliip is the size of the lot." C. ADPiI��ISTRATIVE STAFF REVIEI•f: This corner lot is 42 feet �•�ide. It has a sr�all house on it without a baser,�ent. The only storage space they have i s a snal l iiti 1 i ty shecl. The property is zoned S-1 (HydP Park). The lot once had a garagP locateci in about the sar�e area ��here they would like to build the n�w one. If the Appeals Comnission approves this request, tlie staff v�oulcl recormienci th�t the driveway he hard surfaceci and that all the oi�tsic+e storage be placed inside the new structure following its completion. Also,because the lot is in the S-1 district, we will pass your decision on to the City Couneil for further consicleration. t1r. Clark stated this property was located on the corner of 59th Ave. anel 2'-2 St. The proposed garage would he 22 ft. in depth, a little wider than a normal garage, but the petitioner needs as much space as possible for storage. The garage would be located 3 ft. off the back property line and approx. 17'-Z ft. off the north property line. There was a 15 ft. hou]evard hetween the curb and the property line so there v�ould be 30+ feet fro� the curb itself so there would be plenty of roo� to park a vehicle in the driveway without encroaching on the public: right-of-r�ay. He stated there was a �araqe in this sarie location, but it hlew away in 1969 and v�as never rebuilt. Mr. Clark stated this a�as in Hyde Park zoning v�hich stated that any use that exists now can remain as such. Even if it is destroyed, it can be rebuilt on the ]ot at the same setbacks. It also stated that if you ad�i onto the house, you must r�eet pcesent normal R-1 setbacks. Being that this lot is only 42 ft. wide, there v�as no way the petitioner could build a garage that faces 59th Ave. with a 25 ft. setback. 6N APPEALS C0�'�`1ISSIf3f� ftE:ETI+�('� NOVQfBER 25, 1986 PACE 3 Mr. Clark stated Staff was recormending a stipulation tfiat a fiardsurfaced driveway be put in, and he believed the petitioner Fiad agreed to that. He stated the pet�tioner has a lot of outside storage now, and hopefully, this garage would solve that problem. Mr. Clark stated he had discussed this request with Ptr. Jock Robertson, Conmunity Qevelopment Director, and they agreed tha± this variance rquest should go to City Council so the Council was av�are of this action. Even if the Appeals Corrr�ission approves the variance request and there is no neiqhhor- hood objection, they feel the City Council sh�uld be notified. This was the first variance the Appeals Co►�mission or the City Council has had froM the Hyde Park area. �1r. Eugene Hagberg stated that, as Mr. Clark had stated, everythinc� that is presentTy outside wiil be stored inside the new garage. MO_TION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLAP.ED TNE PUBLIC HF,ARING CIASED AT 7;50 P,1�f, Pir. Barna stated that ►�rith the sr�all size of this house on a slab v�ith no basement and no �arage on a 42 ft. lot, he could sympathize with the petitinner. The 17'2 ft. off the lot iine left plenty of room to park in the drivevray an� cause no visibility prohlems to the street. f�e would be in favor of qrantin� the variance. t�s. Savage stated she acireed. This was a very sma11 house ancl therP was obviously a need for a garage for storage space. She would be in favor of granting the variance. r1r. Betzold stated he was in agreement with what had been said by both P1r. Barna and Ms. Savage. MOTION BY l�1R. BARNA, SECONDED BY MS. SAVAGE, ?'O APPROVE VARIANCB REniIEST, VAR #86-31, BY EUGENE AND JEAN HAGBERG, PURSUANT TO CHAPTER 205.21.5, D, 3h, OF TXE FRIDLF.Y CITY CODE (S-2 ) ZONING, TO REDi7CF. '_"HF, SIDE YARD SETBACK ON THF. STREET SIDE OF A CORNER LOT FROM 25 FEET TD 17.5 FEET TO ALLOG7 THF. COI�STRUC'�'ION OF A DETACHED ACCESSORY BUILDING ON LOT 30, BLOCK ?3, XYDE PARK ADDITION, THE SAI�fE BEING 5881 - 2ND STREET N.E., FRIDLEY, MINNESO°'A, WITH THE FOLLOWING STIPULATIOPIS: 1. THE DRIVEWAY BE HARDSURFACED. 2. ALL OUTSIDE STORAGE :O BE PLACED INSIDE THE NEW STRUCTURE FOLLOWING ITS COMPLETION. THIS VARIANCS REQUEST T�0 BE SENT TO THE CITY COUNCIL FOR INFORMATIOAIAL Pi�RPOSES. UPON A VOICE VOTE, ALL VOTING AYF., CHAIRPERSON BETZOLD DECLARED THF. MOTION CARRIED UNANIJNOUSLY. . • APPEALS C01�'1ISSI��J MEETIlJf, NQVFMBER 25, 1986 _ PAGE 4 2. CO��SIDERATION OF ITY AVENUE MO�'ION BY �'1S. SAVAGE, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC IIEARING. UPON A VOICF. VOTE, ALL VOTING AYE, CHAIRPERSOTI BF.TZOLD DECI.AI'�D THE PUBLIC' HEARII7G OPEN AT 7:54 P.M. Chairperson Betzold read the Administrative Staff Report: ADP1It�ISTRATIVE STAFF RFP(1RT South of Fi5th, 41est of llniversity Avenue and P�orth of 83rd Avenue VAR #86-32 A. PUE3LIC PURPOSE SCRVED QY REQUIREt1ENT: Section 205.03.53 requires that a parkinc� stall be a ten (10) foot v►i�ie by twenty (20) foot long area to store one (1) automobile, which has access to a puhlic street or alley and permits inqress an�i egrPSS of an automohile. lJherP a parking stall abuts a curb or sic�e��alk, the lPnnth r�iay be reduced to eighteen (18) feet. Public purpose served by this requirement is to provide adequate room between large vehicles. B. STATED HARDSf�IP: "l��e feel that this site is unique in that we have been aske�l anci have agreed to easer.�ents and setbacks on all four sides. In addition, we h�ve some existing wPtlands that fall under the jurisdiction of the Army Corp of Engineers that account for an additional 2.23 acres. "We would like to provide as r�uch space as possihle for amenities, and in order to meet the i0 foot parF.ing stall wi�lth, we would havP t� sacrifice some of it for additional parking lots. We will verbally expand on tt�ese and other issues at the meeting." C. AD�IINIS7RATIVE STAFF REVIE��J: This property is a 21-acre site lying adjacent to and east of Spring- braok Nature Center and north of $3rd Avenue. The property is zoned M-2 (heavy industrial) and is in the process of beinq zoned to R-3 (general multiple dwelling) for the development of a 358-unit apart�ent complex. The City has asked them to dedicate certain easements an� establish setbacks on a11 four sides: . ' APPEALS COPiMISSION MEETIt�G, ��OVEMBER 25, 19$6 PAGE_ 5 1. 33-foot street dedication, plus a 7-foot walkway and a 2f1-foot setback of the south side (83rd Avenue) 2. 33-foot easement with no setback of the west side adjacent to S�ringbrook Nature Center 3. 60-foot easement with a 10-foot setback of the north side 4. 20-foot easement plus an 8-foot setback of the ease side. The petitioner must also establish two ponds with draina�)e swales. If the Appeals Commission recomnends approval, the Staff has no additional stipulations to suggest, �tr. Clark stated that, as rientione�l in the Staff report, thPre �iere easements on all four sides of the property, and on the southern one-third of th� property ti�ere r�as an area that �•�as un�ler the defi ni ti on of wetl an�1s . The peti ti oner v�as deal i nc� wi th the Army Corps of Enc�i neers v�i th thi s�orti on of th� property to see wi�at had to be done. That, together with the easemPnts anci setbac�:s, v�as v�hat pror�pted the petitioner to request this parkinc� width variance from 10 ft. to 9 ft. As seen on the plot plan, the �arages and parl�ing N�ere mostly along tt�e perir�eter. If they have to go to 1(t ft. stalls, so�P parking �vould have to go into tl�e interior of the project in order to ohtain aci�iitional parking. Tl�is woulci encroach on the green sp�ce an�i ar�enities such as v�all;in� p�ths, tennis courts, quiet areas, etc. �1r. Clark stated the plat and the rezonin� has heen before the Planninq Cormission. The City Council held a public hearing and it v►ill be reconsiderPd at City Council on �ec. £3. The recorr�endation fror� the Appeals Cormission �n this variance, along r�ith the plat and the rezonin�, will be considerecl hy the City Council on Dec. 8. "1r. Rohinson stated Staff has v�orked closely with the developer to cnMe u� with a very nice, high quality plan to maximize the site that is adjacent to thP Springhrook �Jature Center, maxir�ize the vier!, an� make as nuch green area as possible, tJhen Staff discovered the project included 9 ft. stalls, they pointPd it out to the petitioner in order to follo�� the variance process. Mr. Rot�inson stated City Staff feels this is a unique situation that diffPrs from some of the other variance requests for 9 ft. parl:in� stalls hecausP there are easer:�ents requested on all four sides of the property. One easement that was particularly unique was the one on the west side of the property adjacent to Springbrook �Jature Center. This v�as an existing strePt and utility eas�en*. which the City has req�iPSted be maintained but not used for the de�ielopmPnt but rather as a berm and landsca�►e huffer between the develoment and the ��aturP Center. A significant amount of property has been granted to the Citv in terms of ease�nents. . � APPEALS �(1r41ISSI0N ►tEETIFJG, NOVEt1BEP, 25, �986 PA�E 6 Mr.� Ro.binson stated he felt the easements along with the wetlands requirement could be considered the hardship for the variance from 10 ft. to 9 ft. stalls. Also, this was the first residential property requesting 9 ft. stalls. flne of the key points the City Council made when they decided not to change the code to 9 ft. stalls was they feit corr.iercial husinesses and industrial properties should maintain 10 ft, stalls because the Council felt it was a safer and more comfortahle size stall for the City of Fridley. Since this request was for residential property, he did not tf�ink that applied as much. Ms. Fisher stated she had prepared a supplement to the Staff report dated Paov. 25, 193fi. In their agenda, the Cortmissioners had received a mPmo fron David Y.oski of Barton-Aschr�an Associates regarding the pro�osed 9 ft, widP parking stalls. :NCY1IOPl BY hfP.. BARNA, SECONDED BY MS. SAVAGF., TO RF:CEIIB IIITO TKF, RECORD TFF NOV. 25, 1986, MEMO FP.OM I.INDA FISHER. UP�N A VOICE VOTF., ALL VOTING AYF., CHAIP.PF.RSOII BF•2'ZOLD DF.CLA.?F.D TtIF. MO:"ION CARRIED UNANI�fOUSLY. t1s. Fisher stated the site itself and its designation in the Cor�prehensive Plan and the backc�round material vras unique in the sensitivity tl�at has heen brouc�ht to light in the developnent of the site. It r�as adjacent to ±he Springhrook Nature Center. From the beginning,thP Staff has spent a considerable amount of time on the buffering and landscape plan v�ith tf�e Nature Center. That has affected the develo�ment and ability to provide the opPn spaces and anenities the City has wanted. "1s. Fisher stated the site was designated a redevelopment district in the City's Land Use Plan and the flousin� Plan has identified a need for adciitional multi-family housing prior to 1990 in this area and has recognized this site as a possible suitable site. She stated the Comprehensive Plan also encourages petitions for residential rezoning of industrial and corm�ercial properties adjacer�t to park land as a means of facilitatinc� development of alternative housing types in the community. . Ms. Fisher stated they have submitted an application for rezoninn and a preliminary pTat for approval. The Planning Commission reviPwed thP project at their Oct. 22 meeting and unanimously recomr�ended approval. She felt mos•*. of the comments made hy the Planning Cormissioners were positive. Ms. Fisher stated they have worked very closely with Sprin�brook �Jature Center. They had a neighborhood r�eetinc� with then, and the Springhrook NaturP Cen�er Foundation adopted a motion basically recormending approval of the �roject wi*.h the various components that were heing coordinated with ther�. t1s. Fisher stated this was a multi-far�ily projPCt v�ith 358 units in nine 6uildings with garage and surface parking. The apartments w�re designed for fanilies: 67� - two hedroor�; 17q - one bedroom; and 15% - three bedroor�. . ' APPEALS C0�1t1ISSI�N �tEETIt�G, ��OVE�IGER 25, 1986 _ P.AGF 7 P1s. Fisher stated tfiat from the beginning, the City indicated it wanted a hic�h quality, high amenity project. That meant certain thinqs on the interior that she would not go over at this time, but it also meant distinctive exterior outside amenities and complex courtyards. It was very important to ther� to maintain a large enough interior courtyard and open space to provide amenities. t1s. Fisfier stated she would like to speak directly to the practical difficulties and particular hardships that they think warrant the hardship from city ordin�nce. Tf�ey are providing garage and surface parkinq for a total number of 72Q parl:ing spaces. That consists of 460 - 9 ft. wide surface spaces, 22 12 ft. handicapped spaces, and 247 �ara�e spaces (both regular garaye and recreation vehicle (Ru) garage). 'fs. Fisher stated the public pi�rpose served by the 10 ft. stall re�uirer�ent was "to �rovide adequate room between larc�e vehicles" The reason thPy askP�1 Barton-Aschman to suhriit a�emo v�as not 6ecause they �rere pro�osin� any code cf� nges, but to 6asically address the public purpose question. She thoue�ht Mr. Koski's me►�o was self-explanatory. He basically indicated that fror� a functional standpoint, if the AppPals Cor�mission an�i tf�e City Council were to ap�rove the variance for 9 ft, stalls, there a�oiild still be ade�uate space for turning and naneuverinq. As stated in ?1r. ICosl;i's report: "..it is apparent that traffic circulation and parl:ing operations �vill function smoothly utilizing nine foot �!ide parking stal�s with the drivP aisles as indicatPd on the sciiematic plan. The current schematic plan provides adequate site distances for circulation and drive aisles to allo►: maneuverin� for perpendicular par�inq an�1 two-v�ay traffic. The �aine foot ►•�ide parl�in� stalls provide adequate roon for parkinc� and Maneuverin,q all passenger automobiles and vehicles that r�ay be expected to use it." tts. Fisher stated tF�at t•tr. Robinson had indicated that a distinctfon coul�i bP drawn bet►��een lonq term residential par�ing facilities where residents are basically familiar with circulation and the traffic configuration and the short term parking in industrial and cormercial facilities. Ms. Fisher stated that regardinR the specific hardship, in ad�iition t� sor►e of the unique iter�s already discussed, possibly the most significant item sl�e talked about on page 4 of her ��ov. 25th memo involved the 2.23 acrPS of wetlands, basically on the soiithern fringe of the site. Since the Planning f,ommission meeting, they have prepared an Fnvironmental Assessment I�lorksheet (FA!��), The Co►•ps of Engineers has determined that 6ecause of a particular special rPgional condition tt�at the developer will need an individual permit from the Corps. This was very inportant and very unique, a characteristic of the site th�t distinguishes it fror� other properties viithin the City. As p�rt of that permit process, they have proposed to alter by filling all the wetlands on site, but to compensate for that by creating the two on-site ponds and the pond on the park site. To date, that has not proved acceptable to the Corps and they are working with the Corps on a wetlands preservation plan that might require the rerfova] or relocation of a ror� of parkin�. She could not be more specific ric�ht no�� as they are negotiating with the Corps, but it had hecoe�e very iMportant for ther� to have flexihility in terms of 9 ft. parkino stalls because they are in excess of ordinance requirements. They calculate the need as 712 or 716 spaces as required by City Code, and they nov� sh�w 729 parkinq stalls. If as ss APPEALS COt1t1ISSI0W NEETIiJ�, �JOVEMBER 25, 1986 PAGF 8 a last resort to get the permit, they have to remove scxnP of the parkincl spaces on the south, it rnight be very important to have the 9 ft. stalls. Ms. Fisher stated tliat, in addition, she felt there had been a very clear description given of the easenents which means they have to be somea►h�t extraordinary on all four sides of the property, Ms. Fisher stated they have calculated that if they kept the sa�e nu�her of units whici meet all other setbac{:s and rpquirerients, and if the existing blacktop ►•�as restriped to accorrr�odate 10 ft. wide stalls without converting existing interior into blacktop, they would f�ave plus or minus 690 parking spaces �n site. So, without eating up open space, they would be under co�le if tl�Py ��ent to 10 ft, wide stalls. If they are required to meet code, they will b� eating up sor�e open space, ancl they tf�ink that would advPrsely affect their ability to negotiate with the Corps of Engineers. Hr. Betzold stateci the only com�arahle situation he coulci thin�; of in Fridley was the Georgetorm Apartr►ient complex where there was a high dPnsity of pe�nle living in a cor�pacted area. Once winter cor�es, of course, snow covers all the stripinG and people park wherever they want anyway; but v�hen they are laokin� at something like this, they do not want to make a difficult parkin� sit�iation any a�orse. f�e asked if there was a way to have both viorlds--9 ft. stalls designated for conpact car parl:ing and 10 ft. stalls for larger cars, truc�:s, vans, etc.? '1r. Qelgarde stated he would not want to try to manage enforcin� certain vehicles to �ark in certain spaces. He stated he had a lot of coer.�ercial experience and apartment experience, and he a�as not aware of any complaints rec�arding 9 ft. stalls. "1r. Dave Moski stated they have found that 4 ft, wide parkinc� stalls are ade- quate for almost any vehicle on the road, exce�t possibly an RV. f�e stated they design 9 ft. or less parking stalls for all cormiercial facilities no�•!, except for the 12 ft. wide tiandicapped stalls. They have had no cor�plaints. There v�ere obviously more RV's on the road, hut there were more comnact cars tf�an anvthinn else. Ne thought the �ix between the cor�pact and the fewer RV's create �lenty of width in parking situations so the� have never experienced any probler�s or difficulties. f�e stated Qarton-Aschman has a nation-wide firm and was designing parking all over thP country. Not anya�here, except whPre there is a particular need, do they design anything larger tl�an a� ft. stall. Mr. Koski stated that regarding �1r. Betzold's question, even with a r�ix of 9 ft. and 10 ft. stalls, it would still eat up open space. Mr. Qarna stated that with 10 ft. wide stalls, they would have F90 stalls which was approximately 2(1-25% short of code. They are aiming for 729 stalls with 9 ft. widths which was appr�ximately 15� above code. If out of the 46� 9 ft, stalls, 20-25% were 9 ft. stalls and the rest 10 ft., they woul�t s+:ill have more than 712 stalls which would meet code. Mr. Koski stated that if they wanted the mix of compact stalls and 1A f t. stalls, they might want to make the compar.t stalls truly compact by makinq them 8 ft. 6T APPEALS CO�IPIISSIO�I �1EETI'�G, WOVEPIBER 25z 19£i6 ______ _ P�GE 9 That vrould work better. The probleM he sav�v�as that people in an apartment cor�plex are going to park as close as possible to their apartment anyway. Mr. Robinson stated he did not think the distinction between 9 ft. and 10 ft. s±alls was very desirable. They ��rould have to actually sign the 10 ft: stalls and he did not thinl; it would achieve the desired effect the Coemissioners intended. �1r. Clark stated all the garages were 10 ft. right nor�. So, out of 72Q oar�inq spaces, there v�ere 247 varage spaces. "1r. Betzold stated he v�as �ore than philosophically opposed to �oin� �•�ith 9 ft. stalls. The City Council has looked at the issue on several different occasions and has decided to stay with the 10 ft. stall requirer�ent. 11ov�ever, he was sympathetic to this project rrith all the easements and uniquP situations, ancl it did seem to he a class develop�ent. �1r. Getzold stated it had been �ainted out that there were some claraves that were speficially design�ted for RV parl:ing, t��as there any requirement by ei±her the develoner or the City to require that anyone vrho li?s an RV has to park in the c�arage as opposed to parl;in� the P.Y in a reclular stall? '1r. Clarl: stated there vias no requirement for that, f�e stated th�t if all the stalls wPre 9 ft. except for the RV garac�es, he thouqht i± woulci be diffi- cult to park an RV in a 9 ft. stall. �laybe there could be sone parking spaces, 11 ft. or so, located a± different points thr�uahc►ut the cor�plex that woulci accomr�odate RV's for those people who could not afford to rent an RV garage. These spaces could be signed "RV's only". This �•rould prevent soc�eone from ta{:ing up a stall and a half with an RV, and the management could police it on a complaint basis. Hs. Fisher stated that seemed to her an easier way to handle the situation than a r�ix �f 9 ft. and 10 ft. stalls. "1r. Belgarde stated this ►•�as the first tir�e any of his develonr�ents has even had RV garages. It v�as somethinc� they were tryinq for the first time. Mr. Betzold stated having designated RV parkinq could also accormiodate boats. He thought having a boat or a large RV parked in front of an apartment huildin� would detract fror� the type of develo�ent the developer was tryincl to accomplish. Mr. Barna stated 99.9X of the people do not measure hoN► far off they are in a stall anyway. He stateci it did not really nake much difference to hir� whether it was a 9 ft. or 10 ft. stall. If they decide to go along with 9 ft., they might as well go along with 9 ft. throughout the project, except for the qarages. Once the snow was on the qround, there would be no r�ore desic�nated parkinq anyway. MOTION BY MR. BARfIA, SECOP7DED BY MS. SAVAGE, TO CLOSF. THF. PUBLIC HEAF:ING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARRD THE PUBLIC HEARING CLOSED AT 8:55 P.M. su APPEALS CONMISSION f1EETIt�GL NOVEPI6ER 25, 1986 ___ PAf,E 10 Mr. Barna stated that rather than see any r�ore land under blacktop, he would go along with the variance fror� 10 ft. to 9 ft. parkinq stalls. Ne ►vould rather see apartment buildings on this site than warehouses or storaqe qarages, and this did seem to be a classy, high quality apartment complex. He would be comfortable with the plan as it was proposed with 9 ft. stalls, along with the garage spaces and RV garage spaces. �4s. Savaqe stated she agreed. She was very impressed with the plan. She felt it would be a real asset to Fridley. She was especially impressed with the landscaping and the green area; and, in her mind, the aesthetics was the most ir�portant thing. She �vas in favor of yranting the variance requPS�. Personally, she did not have a probleM with 9 ft. stalls as she parks in a parking ramp where 9 ft. stalls are the "norm". She also felt the hardship had been well articulated by .the petitioner. t1r. Qetzold stated he was sure that if tf�e developer did not have all the easements on all four sides of the property, he vrould have been happy tn adliere to the code and have 10 ft. stalls. And, there was also the problem with the �vetlands. He still had a problem with 9 ft. stalls in �teneral, especially since the City Council has chosen to leave the code at 10 ft. He did want to discourac�e as many 9 ft. variance requests as possihle. He would ask the developer to give some consideration to lookin� at havin� a few desig- nated spaces for the larger vehicles, maybe in the outlyin� areas, and be able to address this at the City Council meetincl on Dec. 8. MOTION BY HR. BARNA, SECONDED BY MS. SAVAGE, TO RF.COI�fMEND TO CITY COUNCIL APPROVAL OF VARIANCE REQUEST, VAR #86-32, BY UI�IIVERSITY AVENUF. ASSOCIATES, PURSUAIIT TO CKAP'1'ER 205.03.53 OF THE FRIDLEY CITY COI�E TO REDUCE THF, P.F.QUIRED PARKINC+ S3'l1LL WIDTH FROM 10 FEET TO 9 FEET TO IPICREASE TNE NUI�IBER OF PAF:Y.IITG STALLS, GEPIERALLY LOCATED SOUTH OF 85TN AVENUE, FTES'1' OF UNIVERSITY AVENUF., AND NORTN OF 83RD AVENUE, FRIDLEY, MINNESOTA 55432. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTIOPI CA£'.RIED I7NANIMOUSLY. ADJOURPI�1ENT : MO:'ION BY MS. SAVAGE, SECONDED BY 1fR. BAR!'lA, TO ADJOURI'7 THE 1�EET�ArG. UPOP7 A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE NOV. 25, 19R6, APPEALS COMMISSION MEETIPIG ADJOURNED AT 9:15 P.M. Respectfully submitted, yn a a Recording Secretary � PLANNING DIVISI4N sv � 1VlE1Vt RANDI�M ��n� 0 f RlDLEY � I�ND �: Jock Robertson, Com�nunity Devel,opnent Director I�END fl�OM: Jim R�binson, planning CoordinatAr� t�ND DP►ZE: Deaember 2, 1986 R�AttDII�: Navenber 25, 1986 Appeals Items � Minutes f ram the last Appeals Catanission wi11 not be foanally approved by the Planning Catmiission until De�nber 10, � 986. �e two items discussed inclu3e a single family varianoe in Hyc3e Park and a parking stall size variance for l�brth Park Estates. Both itens were tnariirrously reoonmendea for appraval. �e Hyc3e Aark varianoe cbes not require Council approval due to unanimous appraval. However, the Appeal s Commission recommends �ouncil rev iew the matter due to the historical vonoern for Hyde Fark c�evelopnent.. Staff felt O��mcil would pre�er ta review the North Park Estates variance along with the rezoning and plat requests for the same project, both scheduted for Deoember 8, 1986 Co�mcil meeting. 7he Planning Commission is aware t3�at a stall width varianoe was to be processed through the Appeals Commission. Due to the eatique circumstanaes we suggest t�at Co�ci1 review both varianaes at the Deoember 8, 19�6 meeting. prior to Planning Ca�anission appcwal of the minutes. �R/�► 1�-86 310 O � ( N � . f � W * � �ii ;r � ' 20 � � 0 . � L L�- �� r � Loaor/�ion.. . :'3' -- - !1' I/� C ORNER sE�. �.� 58TH - - -��,.,�.,,,�_-e c - ;7r � , { _ . - r: .r ,f ' l---y , � VAR #86-31 ; .. 5881 - •�•�; * , � = �y� 9 . ; � r { � I x . z ` �� e -j- �- ` � : ¢ 94�7— , ,� �` -- t , v� 2 e5445 ��0 , 5�� g . 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MOOELL CMR�S�OMHER J, OIETiEN AICM.�PO I. OIAMQND JOMM F, BEATTIE JAME! M. 41RO�MER �INDA N. �iSNEN TMOM�S O. $tOLTMAN !T[VEN 6. �E��N FONREST O. NOM��N MICMA[�C.JAGxwAH JOwN C. O�CMI .JON 4. Sw�CRZEw3M� TNOMw3 J. fI�NN �ANES P.OU�NN TODOi.faECwAN STEVMCN B.SOIOMON To: From: Date: L�IRRI\i, HOFFtifA�i, DALY � LI\DGRE�T, L'1'll. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAt CENTER 2000 PIPER JAFFRAY TOWER 7900 XERXES AVENUE SOUTN BIOOMINGTON, MINNESOTA 55431 TELEPNONE 16121 935-3800 7ElECOPIER 16121 635-5102 222 SOUTH NIHTH STFEET MINNEAPOI/S,MINNESOTA 554p2 TELEPMONE 1612) 338-66�0 TEtEGOP1ER 1612) 338-1002 REPLYTO B�oomingtan MEMORANDUM Fridley Appeals Commission Linda H. Fisher November 25, 1986 saa GCTEN �. scc« JCNOM[ N. RAnNML SNERR�I� pMAN KUPE��CN acn+�o �.acc■ TMOMA9 P. i1UMVMR[r. JA. DAV�O J. P[Ar JOHN 4lYNOOV�57 •NDIICW J. M�TCM[Ll JOMN A,COTTER� rtATML[CN M.01�TE4� OEATRIC[ A.NOTI�M�E1�[N PAUI B. PLVNwETT SYSAN 1�. YNRNIGN� AMY DAI�1� OR1�Ot ALJ.N L.KI�DOW MAI�It [. DUVAL nA1Ml6[N M. PICOTT� XCWMqN LARN� A. ROCM P[iCR ,L GOYI[ CATMCRIN� oARN[TT WIl30N� B[TT' A. MORNINOETPR JE�FAEY C,ANDCASON oeN�e� �.. Yow�cs JONATNON G.I�.NOC �ODD M. VIATROV�CN TIMOTM� J. MGMI.NU3 RMONOA J. JOFOME�M �ILI I. ►NI[OERS O� COVNiEI JOSfPN OIT�E JONN A. MCNVCM �ALlO wOM�TTtC �N wt3CONEiN Re: University Avenue Associates' Application for a Variance from the Provision of Section 205.03.54 of the City Code to Allow the Construction of Nine-Foot Wide, as opposed to Ten-Foot Wide Parking Stalls. Our File No. 14,404-00 Background The purpose of this memorandum is to provide background information concerning the North Park Estates development and a statement of practical diEficulties or particular hardships which prevent the strict application of the ten-Eoot wide parking stall requirement to the project. The information contained in this cnemorandum summarizes previous discussions with City staff. The project site consists of 21 acres generally located south of 85th Avenue N.E., west of University Avenue, north of 83rd Avenue, and east of Springbrook yature Center. The project site is the gateway to the City from the north. Attractive redevelopment of the site, therefore, has the potential to set the tone for residential and commercial redevelopment throughout the entire northwest quadrant of the City. In addition to the westerly adjacent Springbrook Nature Center, other surrounding parceZs include undeveloped land, zoned industrial, owned by the YMCA that adjoins the site on the north, and additional undeveloped property, zoned commercial and in@ustrial, that lies to the east. South of 83rd Avenue N.E. are existing commercial and � . : : L��iz�:i�. Hc�rr�i��. D��L�- � I,i�r�c;��L�, LTD. Fridley Appeals Commission Page 2 industrial facilities, as we11 as Vantage Company's Wholesale Club project, which has recently been completed. The I990 Fridley Land Use Plan designates the project site a redevelopment district. The housirtg plan element of the Fridley Comprehensive Plan indicates that construction of additional housing units, including new multifamily housing, will be needed to meet the needs of City residents by 1990. The Comprehensive Plan also encourages petitions for residential rezoning of industrial and commercial properties adjacent to park land as a means of facilitating development af alternative housing types in the community. To implement the housing element of the Comprehensive Plan, University Avenue Associates has requested an amendment of the Comprehensive Plan to specifically provide for redevelopment of the project site £or multifamily housing. Companion applications have also been suhmitted for approval of a preliminary plat and rezoning of the project site from M-2 Heavy Industrial District, to R-3 General Multiple Dwelling District. On �ctober 22, 1986, the Planning Commission unanimously recommended approval of the preliminary plat and rezoning application; City Council action is expected to occur on December 8. 19$6. The proposed multifamily housing development, North Park Estates, consists of 358 high-quality, high-amenity apartment homes to be constructed in nine three-story buildings. The three-story buildings will be constructed predominantly oF high-quality earth-tone brick exterior �naterials. Visuai interest will be enhanced by protruding canopies over each balcony deck. Continuing maintenance of the apartment homes and landscaping will be assured by an on-site resident manager. The apartment homes are designed for families, as well as younger employees. A unit mix of approximately 67� two-bedroom units, 17$ one-bedroom units, and 15� three-bedroom units are currently proposed. Consistent with the City's objectives of ensuring high-quality redevelopment on a unique site adjacent to Springbrook Nature Center, a number of distinctive interior and exterior amenities are proposed as described in documentation previously provided to the City. Retention of the maximum amount of open space for active and passive private recreational facilities was an objective of the City as well as the developer. Distinctive exterior amenities provided include walking and jogging paths, park-like courtyards, including picnic and barbecue areas, wooden playground structures, outdoor swimming pool with cabana, volley ball, tennis, and basketball courts, and horseshoe pit and putting greens. Additional indoor recreational facilities will be provided in the recreational building located in the southern quadrant of the project site, including sauna, whirlpool, indoor swimming pool, and exercise facilities. scc L_�irt:r�. Hc�i'I��L_1\, D_��_�� Li�nctz�:`, L•rr�. Fridley Appeals Commission Page 3 Practical Difficulties/ Particular Hardships Garage and surface parking spaces are provided to serve the proposed development. 729 parking spaces are provided on the submitted site plan, as compared to the 716 spaces required by the City Code, assuming three additional spaces required for the recreational building, and one additional space for the cabana. Of the 729 parking spaces, 46Q are nine-foot wide surface parking spaces, 22 are twelve- foot wide handicapped spaces, and 247 are garage spaces which conform to City Code requirements. As described in a memorandum from Barton- Aschman Associates submitted to the City as part of the variance appl.ication, from a functional standpoint, nine-foot wide parking stalls are adequate to serve the needs of the proposed multifamily housing development in accordance with current design standards. Strict aQplication of the ten-foot wide parking stall width requirement to the project results in practical difficulties and particular hardships specifically attributable to the unique characteristics ot the project site and the proposed deve2opment as follows: 1. As required by the City as a condition to approval of the project, the developer and property owner have been required to dedicate land on all four sides o£ the project site for extraordinary street right-of-way and easements. A 33 foot street easement has been required on the west, aZthough the City does not intend to develop the previously proposed roadway connection in this location. The developer inquired about the feasibility of vacating this easement, but was not successful and the easement remains on the preliminary plat. The developer was also required to dedicate 60 feet of street right-of-way along the north property line for a future roadway connection between 83rd Avenue N.E. and 85th Avenue N.E. Under the City's current concept plans for this roadway, the entire east-west segment of the road in this location would be constructed on the project site, as opposed to the developer's original proposal to dedicate 30 feet of its property for street right-of-way, with the additional 30 feet being taken from the adjacent undeveloped parcel to the north. The developer was also required to dedicate a 20 foot utility easement along the east property line, although the project wi12 not benefit from future installation of utilities in the easement area, because all utilities for the project are being provided on-site. Finally, the developer was required to dedicate 33 feet along the south property line for street right-of-way. The above-described dedications made it more difficult to retain sufficient open . � � L<s�2i:r�, I�c�t��i.�`, ll.�i.l �'� Lr`nc.izr.�, LTD. Fridley Appeals Commission Page 4 space in the proposed courtyard areas to provide amenities desired by both the City and the developer to assure a high- quality development on this unique site. 2. Setbacks were calculated from these extraordinary easements, thereby rendering it more difficult to provide desired open space and exterior amenities. 3. Approximately 2.23 acres oF the project site consists of wetlands over which the Qnited States Army Corps of Engineers has jurisdiction. As part of the environmental assessment worksheet (EAW) review process, it has been determined that the developer must obtain an individual permit �or proposed alteration of these wetlands under Section 404 of the Clean Water Act. Although mitigation of on-site wetland alteration has been proposed in the form of two on-site retention ponds, and a pand on the westerly adjacent Springbrook Nature Center, some on-site wetlands must be preserved in order to obtain a Corps permit. Although negotiations are still proceeding with affected federal agencies, it may be necessary to remove or relocate some of the parking spaces on the extreme south of the project site to allow for greater wetland preservation. This condition, which is unique to the project site, and which does not theretore exist on other properties within the community, makes it important to retain the present nine-foot wide parking stall plan to provide maximum flexibility for addressing Corps of Engineers permit requirements. North Park Estates meets applicable density requirements and all other Code requirements with the exce�tion of the ten-foot wide parking stall requirement. If the same number of units were retained, together with the existing setbacks, and if the existing blacktopped area was restriped to accommodate ten-foot wide stalls without converting existing green areas to blacktop, a total of 690 parking spaces would bs provided on-site. This is 26 less than the amount required by City Code. Compliance with City Code would therefore require use of existing open space and landscaped areas for parking. LHF:AN1 � L�RIiIN, HUFF�LA\, D3Ll R LI\DGRE\, LTD. ATTORNEYS AT LAW 1500 NOi1TMWE5TERM FINANGIAI CENTEN 2000 PIPEh JAFFAAT 10WE�7 7900 XER7(ES AVENUE SOUTM 222 SONTN MIN1M $TREEt 9�OOMINGTON, MINNESOTA 55431 MINNEAPOl13, MINNESOTA 55402 TELEPMONE16121B3S-3B00 TEIEPMONE�612�339-66�0 TELECOP�ER 16�21 635-5�02 TEI.ECOP�ER 16121 3lB-1002 LfNDA H, FISMER 6EE REPL�TO YIOOM�NGTON r Novembe�- 19, 1986 Mr. Jir� Robinson City of Fridley 6431 University Avenue Northeast Fridley, MN Re: University Avenue Associates' Application for Parking Stall with Variance Our file 14,404-00 Dear Jim: Via: Messenger Enclosed is a copy of 8arton-Aschman's memorandum concerning the proposed 9 ft. wide parking stalls for North Park Estates. I will call you this afternoon to review this memorandum and to discuss the ha:dship finding. Sincerely, � .G��,��.G.� Linda H. Fishe:, for LARKIN, HOE'FMAN, DALY & LINDGREN, Ltd. mj � cc: �ck Robertson w/ltr and memo Ken Belgarde Dave Koski 6FF Barton-Asc:hr»an Associates, inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 6i2-332-0421 Nw�nbFS 19, 1986 Mr. Ke�u�eth C. Belga�le Marfield, Belgarde ar�d Yaffe Oc�anies 7841 wayzata Bailevard Mi=u�apolis, Minttiesota 55426 Re: Width of parkiz�g stalls for the pz�aposed North Park Estates Development in FYidley, Msnnesota D�ea.r Nlr. Belgarde: p�rkir�q T�is Vehicle design characteristics have changed significantly in the last several years. Basically, the average automobile is now a smaller, more oompact vehicle with improved m�neuverability. Appn�ocimately 75 percent of the vehicles operational today incorporate the more compact design. Consequently, new parking facilities (surface and structured) are being designed utilizing the reduced size and greater maneuverability of the automobile to gain greater parking efficiency. The result is a smaller facility with reduaed bay widths yet a000nunodatin� the desired numb�er of parking stalls. E�cisting pasking facilities are being re-striped to irx�rase garki� capacity. Barton-Aschman is engaged in considerable parking design activity in the Minne.apolis/St Paul Metrc��olitan area and thz�vu�ghaut the United States. In every instance, parking sta2ls and drive aisles are being downsized to accommodate tile more oomgact automabile thus pz�ociucir�g improved eificiencies in the variws parkin3 facilities. We fini that virtually eveiy clevelopment situation is unique in that soape and parking demarid are variable and frequently there is some type of site oanstrictian. In many instar�oes, oomm�ities have parking star�dan3s that lack the flexibility to appropriately serve a specific activity within oertain site amfiguratioazs resulting in the granti.r�g of variances to allow t2�e develvpmerit to prooeecL Parkinq De.sic�n S�tar�daY+ds In an area vhere parking turnover is high and people are stopping at an activity such as a convenience store to make a purchase, a ten-foot wide � Barton-Aschman Associates, tnc. Nwe�r 19, I986 Fage 2 parking s�all enharyoe� th�e quick in - quick cut activity. However, a nine- foot wide garkir�g stall easi2y aocnmmodates high tux�over activity also. Residential parking facilities accommodate long term parkers who are basically familiar with the circulation and configuration of the parking system. The nine-foot wide parking stall is considered to be entirely adequate t;o prvvide suitable, tatally ftimctional residential parkir�g. In the parking functional design that Barton-Aschman has accomplished in recent years, the maximum sta12 width incarporated in those designs is normally nine feet In fact, the desirable stall width is oonsidered to be eight-foot, six iz�ches. Nc�th P��dc Estates Paricirg . . and Desic� In review of the North Park Estates design, it is apparent that traffic circulation and parking operations will function smoothly utilizing nine foat wide gark.ing stalls with tile drive aisles as indicated on the schematic plar�. The current schematic plan provides adequate site distances for circulation aixi drive aisles to allaw man�uvering for pezpe.rxiicular parki*ig and two way traffic. The nine foot wide parking stalls prwide adequate room for parkisx� and ma�eriur� aII passer�ger autamabiles arxi vehicles that may be expected to use it. Utilization of the riine foot wide stall also prwides additiona2 cypen spaoe ar�d precludes the neoessity for coverir�g the �tire area outside of the ap�artment buildings with asphalt. �ere is no Pu�ctio�,al reason for a residential development such z�eoommety3 that the pranos�ed No authorized to utilize nine-foot eurrent desic�n starxiaxd.s. S' , d � , .E. s�nior Associate �� .. requirir�g ten-fart wide garking stalls in as North Park Estates. According2y, I rth Park F_states residential deve2vpment be wide parking stalls in accordance with 6GG .� _ C�N �F FRI DLEY Z+O: � DATE: DIAECTORATE OF PUBLtC WORK8 IVIEMORANDUM Nas�a shi, City Manager PW86-336 Cly V. Nbravetz, Cable Cvordinator November 21, 1986 SUBJECI': Draft of ACCW - City of Fridley Annual Agrnemerit (1987 ) ;�, .. �� •. , � <7� - � � �� ;� Attached is a draft of an agreeirent between the City of Fridley and the Anoka County Camaunications Wbrkshap. The agre�nent is essentially the san� as the past several years with the excepticn of Ntunber 4. The City w�uld sukxnit a check in the amaunt of 40 percent of tYie actual quarterly payments received. (In th� gast, the City made quarterly payments in the aimunt of $5, 000. 00 with firlal adjust7rients mac�e at the end of each year to reflect 40 percent of t►'Ze total annual fees reoeived). In additicn to the 40 percent, the City would pay the AiL`GW all the int�erest earnings froaY► the CATV fund during 1986 in January of 1987. This arrangement has basically been approv�d by the Council at a recent meeting. The Cable Cc�mission at t,Y�eir Novr�nbex 20, 1986 meeting recomrend,ed Co�cil approval of the agreement as writt�en. G'VN�/ts Attachtrexit cc: John G. Flora Bill Hunt 7A • �� Zhis agreement, made and entered into this day of , 1986- by and between the City of Fridley, a Minnesota municipal varp�ration, in the County of Anoka, State of Minnesota, hereinaf ter referred to as "the �ity", and Anoka County Communications Workshop, Incorporated- a non-prof it corporation in the County of Anoka, Sta te of Minnesota, witnesseth: For and in wnsideration of the pranises, oovenants, terms and prov isions herein a�ntained, the parties hereto mutually agree as follows: 1. Period of Agreanent. 7his agreenent for a 12 m4nth period, shall be effective January 1, 1987 through Deoe�nber 31, 1987• unless otherwise terminated by either party with 90 days written notice. Upon termination of the agre�►ent, all unvommitted portions of the grant shall be returned to the City. Final determination of any such �mco�nitted �nount shall be as determined and agreed upon by the City Manager and Anoka County Coa�ununications Workshop. Inc. 2. Responsibilities of Anoka County Cammunications Workshop. Inc. ACCW agrees to provide, on behalf of the City, services to Fridley residents as follaws: a. � educate manbers of the pu4].ic to the potential uses of video o�imnunications in the axtununity. la. Zb prwide training and technical assistance that will promote citizen use of available cablecastinQ facilities as a rlon-conanercial means of oanm►unication c. Zb serve as a resource center for information, materials and equignent relating to the use of video as a oalt�►unications mediun. d. Zb serve as a reoeivinq, holdinq and disbursinct entitv for monies intended to prcmote non-commercial citizens use of the channel. e. Zb �pvide at the request of the City, assistance to the City staff in the programming of its ynverrment access channel - at rto additional cast. 3. Anoka County Corcm►unications Workshop, Inc. further aarees to keep and maintain a qualified staff of personnel, both paid and volunteer- necessary to perform the servioes herein set forth. 4. Fbr the period of this agreenent the City will qrant to Anoka County Conen�ications Workshop, Inc, a. Fbrty pervent {40$) of the five t�ercent (58) franchise fee from the current cable company to the City. Said amount shall be paya4le quarterly in January, April, •TUly, October, 1987- b. In addition, the interest earnings from the CA�I �Lnd during 1986 wi11 be allocated to the Workshop in January, 1987- :+ � AGR�iT Page - 2 5. Anoka County Conm►unications workshop, Inc. shall keep accurate and complete revords of all financial transactions an shall pravide to th City, on a quart�erly basis in April, .TUly, October, and Januarv, a caomglete written systen maintained in a generally accepted manner. including, if appl icable, the f i1 ing of proper tax returns to the Federal and State governments, such as pavroll tax returns or c�rp�rate inoome tax returns tpermitted al ternates acceptedl . Opon req�est, said records shall be available for inspection by the City Manager, or his desiqnee, menbers of �e Council, and Catale Comunission menbers during regular business hours. 6. ACQnT shall provide to the City a written report of its operational activities, including what�ever data will assist the City in evaluating the effectiveness of the ACQ�I in the pravision of the services herein set forth. Said report wi11 be pravided to the Citv within sixty (60) days after comx�].etion of this agreement. ACCW wi11 also provide interim progress reports of its operational activities April 1- July 1, October 1, Febuary 1. 7. ACCW shal.l indesnnify, save and hold haxm].ess the City and all of its officers, agents and enployees from any and all clains far losses, injuries, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of ACGW- its aaents, off icers, enp].oyees, members, guests, Fatrons or any person or persons associated with ACQnT for arry purpose. 8. Insurance. ACQnT will pravide proof of liability insuranoe- naminq the City as an additional insured in an amo�t and form as a�rwed by the City Manager. 9. AC:C1�1 shall pravide to the City docunentation that it has obtain�d non- profit tax-anenpt status from the Fec3eral Tnternal Revenue Service and the State of Miruzesota Degartment of Revenue. 10. It is �derstood and agreed that no alternation or variation of the ternns of this agreement shall be val id unless made in writinq and signed by the parties hereto. �aCHMENT D ;� ;�� ,ry y �., � � • . . ...• � ��• f� � �� •. �+ «• s: ��• n : WHERFAS, the Planning Commission held a public hearing on the Registered Land # on J�e 4, 1986 and reornmnended appraval; and WHIItE'�.5, the City Council also oonducted public hearings on the proposed Registered Land Survey at their July 7, 7,986 and July 21, 1986 Council meetings; and WHE�EAS, the City Council on Septenber 22, 1986 apprwed a resolution No. 99- 1986 for a modified registered land survey dated August 21, 1986 which was never re�orded; and WHERFAS, the petitioner has suhnitted a nEw registed land survey consistent with the original sulmittal exoept excludes Lot 1• Block 1. Hidden Woods. NCW, �iEREFORE, BE IT RESC�,VID that the City Council of the City of Fridley hereby approves the Registered Land Survey # and authorizes the Mayor and City Manager to sign , the Registered Land �urvey as prepared by Ronald �'. Meyer. BE IT FUR�iER RF.50LVED that the petitioner is requested to record this Registered Land Survey at Anoka C�unty within six (6) months or said approval wi11 becante ntall and vaid. �SSID AND ADOPI'ED BY �3E QTY CDiJNC�L OF ZIiE CITY OF FRIDLEY THIS DAY OF _, I986 WILLIAM J. NEE - Ng1YOR ATI�T: SHIRLEY A. HAAPAI�A - CITY GLERR � � PLANNING DIVtSION � � MEMOR,ANDUM c�nroF FRlDLEY � Z0: Jock Robertson, Ca�n�mity Developnent Director P'�ND FROM: Jim l�binson, Planning Coordinator � P'�A'D DATE: Deoes�ber 2, 1986 RH1.^�ARDING: Brickner Registered Land Survey (R I» S. ) Based upon City cAUncil input at their Navenber 17, 1986 meeting, staff is placing the Richard Brickner revised R. L. S. on the aqenda for formal appraval. Note that this new R L S. cbes include the Gena Rae triangle and csoes not include any of Lot 1. B1ock 1, Hic�den Woods lot (see attachment A) . Mr. John PhilliFs, the fee awner af said lot, has declined to Ferticipate in the subdivision at this time (see attachenent B) . Zhe ryeoessary drainac�e easesnents required by Cbuncil have been sic�ed for by Mr. Brickner (see attaci�ment C) . A resol utio� ta apprave the R L. S. is incl uded as attac�unent A Once the R L. S. is recorded in both the City's and Brickner's name the ooriveyanoe of the subdivicfed triangular pieve can be reoorded. JLR�ci�i I�i-86 309 � � � A�+MM��9�ERED LAND SURVEY N0. . �v f c�...,�. �Sea �s, Tso RIs %Noith /in� of O(/%LOT A, 17ENN/S ADD/7/ON .-�c'/I•' !'orns� � �- ,-- ;.- �• .5'/9°47%7"E �' �.`^ e ' ''" I O�/7[OT A � :� �' :t'! . � t._. i ;� �•... 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Y � 5 q �h � e C 4 `�, ' � G :: 2.os Q � � � Of to•.yiS t �~ �: R.Ifj• �y ? b� v : sW �e..,er NE% • DETA/L b M`�►. $g ; : So�lh /in� NE % Ne1° io ,�ts/e �� p V A ' * ��h' 1 - - _ _s�B's�'i�•E Sca/e: 1 i�ch = 60 fe+ef � � � i� � � � � 6riPl�it Sti/t i� FK� i'� oa 2`' �' �}�� p.5 � • Indienfes I•on Monv�nenf Faund � Ind.colE> Ir,rn /Y�o�v�r�nf P/oceio� /Jlo�,�ed iQLS Orie�fof;en of fiyis btsii�9 eystan is atad.ntd. Shtet Z of Z Shsets r � ; ; � i ERED LAND SURVEY N0. g � 1. Bnerld !. ll�rr. Snrnror. A�r� e�riSty tAst !e aseae�d�as� �dti t� pro►!r]os� s! tlrpt�r �. 1l1reN�eRa �tat�ta� ot 19�►9. u arnd�d. I Sati �etrnrd t� follorin� d�serib�d tsaet d Lad �w tM 'Camt: �t �ook+� 9lat� at Il�as�rty Lo-�r�t e Ylut part et tb �outbwtt �rLrr ot LA� iertb�ast Orasbr� d 3Ntiw 17. =ewyAip �0. 1+ap �► d�serlb�d u follew� s.�ni •c a po�c oo ce. oe�ee u,�.. et eiw plac .! a�u-a�s amtna �staoo. zk9.00 t«e wat lra� tb� nort��a�t aeenr et satd �,L161 fA�so� rM� alo� wid see'ta 1LM aed !b w�{�r� �zL�]on, a d�itaao� oi 163.SC lHL� tlron narti a dlstus� d 21�7.50 tw�. �er� �r 3�w. t� a point m tM routb 21a� o! Outle! A. I�LS A�QTIQI d�sLeo� �Ii.S� fMt �ast frw tM sort6w�t enrrnr or ..ia aclac A� td.00. «rs. al.e� sa. .oas� isn. .r ,asd oat�.et a. a dt.tan.. .[ 16�.3G fwti tMeo� soafh a disLase� �f Zi%.SO tNt. �oer �! 1Ma� to tb� yslat et bKfae�, All d Oatlst �. DBIIla3 11�TI0�. �se�ptiq� thurfY�o� !!� Lr! �►9 fwt �eQ �eptl� tt»�1ra� th� l�l�rt �77.j. tNt� aeoor�d�n� Re tb� �ap or ylst tA�srof oe fil� �nd a[ s�eord !a t� efl1N of th� R��lstrar ot lit1N in aad tor �Imka Ce��. !llm�wta. 'fbat Lhia �orr�y �an� b�rwn 1� • eors�et d�ll�wtlaa et �a1t s�� !L!� 4� �[ r 2��. leealt 1. llr,rr. 4,diLrb LaA lar�qer , 111ewnets lt�istt�tian M. lOSi W do b�rrb� e�rilt� tJyt oo W dy of , 19S �. tM Clt,� Coaoeil ef Tridlq. [[taa�wt� appro�d thte 8��l�bt�d Laad Svr�r. �7°T Cl�et F1�rsuant to caapt�r 9. !tlrm��oL Lw of 197d. tAi� i4p�twnd Lad 9ar� Au b�w r��fwwd u�e �ppra.�d. W dq ot . 19B_. �ed tA� oordlUaw of MSswaRa S4tat�s, S�otfm S�S.�. .''+�bdi�'l�ioa 2, Aati b�w� fLlflll�d. t.land il. ana.r.on �nalc� C.amt,�.5�r�rlor She�f t � 2 Sheefs A.TT,p►�H11i�l� T B �. �� _ _...i. � G r� r ,, ► l. ��J S �- S�� e T� e. O C.0 n� r B , � Q�_ l., O� � .��' �. O C.l�. I � I c� e v-� l-t� O O�. S W t 1: 1'� U� , � � , �� > c�...� : i c. �, � e�� 5 ;�--� � � e. � Y �� c.; e C.. O � C.i-,�v.5e �,r,vo�,►�,� rni �ro�e�� . � � � � /�%i a 1ti. �.,� -� a; / 0 0 0 0 � raind q° � % . I E RE D LAN D SUf�/EY N0. iv i �'e..,., - - — - 'sec. �s, rso, ,�af •-Noith /ins of OU1'LOT A, .DENh/S ADD/7/ON D�/T[OT i9r % :� iC : :t1 SBB'47%7"E ,�� . �_. i ;!,(� � , .: �•, ...:�/7f... ..,. ---/6.%SD--- --., .. ._psy..� , TioN � " EXCEo ...'T'� .. 4a � s� -'Y- ; ,-�. � — — �� — T = �..� ...� -is�s•• � �'. � � EXCE/T/ON '••,S /ii�t O f/et A � ��'� : � .r. � .Pd..,,., f. s: ,.:.� .vE, .. :-o . . , �_- �� I��J. `~ �:�''�i-l. N �l Na B N � v �� v _i • , ` : � `� ' ' Z r `" � +� �' � h ., �n ti � o �n _ ._ — — 'Q� _ ` _ — � h'� � �`t o 41 ^ 41 h ;� o V a p� p� � V \ '� V ��, '+� �r;�• " J �!: �� ' o � ,: " � ti • ",' o :::; I h .. �_.. .. . , h �.: �� y ' � �s O � 4 • I ' � O y � r * �,. 3 —' �= t�'�;? � C N � � � i � __ _ � ; �%� � � �'N. /�i►t 6: NA-RAE ADD. �-' \�-•--I '� . E � � .! .-, , ., s , ,;, % .- 1 • SBB'�7%7~ i ' 6B.B2 �`SW Co.. Lof le �71 �AY. Y r7 '• I �a '`� r •;� 1 5�9 •`h` �°� . ,�� j w a`\y�, . r•-._, r�pe �; 1 1 ,�' ' .' /3•00 � � j.. ar1 s�„- I — — T °� � ' o h ¢•''�os•� 9 " . . . �: , =,,�,,'r. b.s . . • � . -�• .�i� .' i.%�/ � — — --- � � ' ` *W �v h t � � � �� , h o�. � .' '` <� t � . ��' }` � .� ,1 ��. � I ;;f i I ; SH' �o��er NE%� ' Sov fh /�nt NE %' _ _ _ SB6�t7��7�E .� - �w •;� rw I _. '••?�{�... _.. i �– �•� itlE. foin�i' ' � �G'rENA-RAE � ADD/T/OH I N� • 3 � �v ��' : p 1 ''� h .i � `-, ; � I ( , `/ r �' i �! :/'.� i� L/ . L� 1 � � I I I I � � _ � C C', ::-:.o� R.if3.o! JO'M 11 f - �E TA /L NoJ� to sce/Q ; M 1 � V f� � r �� O �� o«°, "'e;,t� < C : �1�� . �;� i .� o �� R 4 � �� ' � � b;=^� �� pV ��h• 'C 4 �� ; V �v h n'�n 'o h � �g I� � Sca/t : 1 inth • 60 ftef Z i� 4s� o t� iao ifo � � , , � 6�iPh.c Sc�% :n Ftef I • Inditofts Iron Moi►v�nenf Fou� � Ind, cates Ii+rn Mona.+�rn! P/oc�d /Ylonfed iQ'LS , Oi:t.,fa%ien of fbis besiin9 :yrtenr is asad�ed. Shttt 1 0{ 2 Sh�efs a A�� Form Na 28-M. Mi11erD�vis Co.. Minneapo� C��iie►� Mineewu L'nilonn CoorepncmE Bbnks (Rt•i.od IY'e ��1 _�� _�._� __ �_`_ ___ �fjig �nDenture. �sa. t�. .................... ...... ...... ....��, or......................................._........_..........., �9............. ofen� co��y o�........�! ..............................._..._......_...._......_.ana sca,�e o/...._....._..............M�'�'��..............................._....., po.rt ........... of the �trat part, and ........................._.........................................................._......................................_.................................................. ....................................................._....................._..................._......................................................................................................................................................., a corpvration undar the la.wa of the Stnte o} ......................................................_........................., pu.rEy oj the ieoond part, �tttlt��ttb. That the said pert............ 01 � 1� Pa*t, in oonaidsrattan o� tlae �m of ........................in hand ' the aaid party of the aecond part, the reoe'spi mhano is to .................................. Paad bU hcreby acknowled�ed, do ........... lunby C3rant, Bargnin, Quitclaim, and Conve•, unto ths said T��i! of the aeeond pa.rE, ita aucceaao�a and aasiQna, Forev�r, a1l ETu tract ... or parceE .... of land lyin� and being in the County o� ................................:.................................................ared State of .4tinneaota, deacribed na }oiiotra, to-wit: Drainage and Utility eassnents described as follaws: Zi�e south 10 feet of Tract A and Tract B Pegistered Land Siuvey No. The north 10 feet and the westerly 10 feet of Tract C, Peqistered Ianr3 Stuv�y No. . That part of Tract D, Registered Land S�zvey No. lyinq northerly and easterly of the followinq described line. Oamieacinq on tiie rrort2�west wmer of said Tract D; thenoe soeith al.ong ti�e west line of said Tract D a distance of 35 feet tn the actual point of beqinning. Tt�enoe, deflect bo the left in a nortl�easterly directioai 135 deqrees, 00 minutes to a point an a line 10 feet south of, and pa.rallel with, the north line of sai.d Tract D; thenoe east along said parallel line to a point an a line 10 feet west of, and parallel with, the easterly line of sai.d 1Yact D; thes�ce southerly alaig last said parallel line t�o tl�e south line of said Tract D and there terminating• 7he southerly and southeasterly 15 feet ard easterly 10 feet of Tract H, Regisbered La�d Survey t3o. — The westerly 10 feet of Tract G, Registerad Land Sunrey No. �;o �abe anD M�olD ifje �?ame, Torefher ta•ills r<il thr lecreditn�rsen.s a�ul appurtenances tiitr•e- ur:to Lclonaitt� or in anJ:cise. appertainin�, 10 tJ�r. sr.id pnr•t� of tha second part, ita auccessor8 and uSSi6;ts, Forecer. �n �egtimonp i�hereof, The Qaid �mrt _ o` N�c fir.st part ha lttret<nto sct hnnd thc dn� and �cnr jrr•st rti�oi•c icrittcu. �1,.�..J!� _ _7 ��.�1�-�- ..� _ __..... . _ . . .. . . __ _ . __..__......... _.. _ _ _ _. _ _ ..__ ____. _ _. 0 O'CON NOR S� HAN NAN ATTORNEYS AT LAW 3800 1D5 TOWER 80 SOUTH EIGHTH STREET M�NNEAPOLIS. MINNESOTA 55402-2254 16121 341-3800 JAMES P. O'MEARA t6t21 343-1288 Nasim Qureshi Rick Pribyl Fridley City Hall 6431 University Avenue Fridley, MN 55432 Re: Resolution Indenture University Gentlemen: TEIEX 29-0584 TELECOPIER t612� 341-3800 12561 December 2, 1896 �w�w�wrow. o c wntt w��r� �oo h�� LNM��1MM�l �vCMYC M F !Ot'��ef Y00 C )0000']��J e� �ww �ncc �OOI MCO ti S~A(l4•(, ao: iu+°ioo °'•.e.s MAOR+O O►IK� riOwIDV �MIM •�.-�,.� -c�c. raev Approving Supplemental and Restated vf Trust for the Winfield Project on Avenue I recently sent a blackmarked copy of a proposed Supplemental and Restated Indenture of Trust for the winfield project, technically known as the Fridley Business Plaza Limited Partnership Project. Enclosed is a resolution for consideration at the City Council's December 8 meeting which would apprave and authorize the execution of this Indenture. Technically, I think the prior resolution contemplated this Indenture to be executed, but I would prefer that it be approved by the Council. The changes from the original Indenture have been blackmarked and already sent to you. They are mostly of a technical nature, except that the rating agency and the provider of the letter of credit for the Bonds have effectively required that the principal amount of the issue be reduced to $2,790,000. Also enclosed is a clean copy of the Restated Indenture, together with ten City signature pages. If adopted, I would appreciate receiving a certified copy of the enclosed resolution, together with the original executed and sealed signature pages for it. • ,1 O'CON NOR 6 HAN NAN ATTORNEYS AT LAW Nasim Qureshi Rick Pribyl December 2, 1486 Page Two Please call me if }�ou have any questions or comments in this regard. .Ydurs very t uly, 1 / , . �- � l� G�._ James P. O'Meara JPO:jk Enclosures cc: ShirZey Haapala (w/encl.) Jim Casserly (w/encl.) Ed Buban}� (w/encl. ) m City Council of the City Of Fridley, Minnesota Resolution No. A Resolution of the City Council of the City of Fridley, Anoka County, Minnesota, Approving a Sup- plemental and Restated Indenture of Trust Respect- ing the City's Commercial Development Revenue Bonds (Fridley Business Plaza Limited Partnership Project). • WHEREAS, the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 (the "Act"), authorizes the City of Fridley, Minnesota (the "City"), to issue its revenue obligation(s) for the purposes specified therein and for the financing of eligible projects thereunder; WHEREAS, the Borrower, being Fridley Bus.iness Plaza Limited Partnership, a Minnesota limited partnership, has proposed to construct an approximately 55,000 square foot multi-tenant industrial cammercial facility (the "Project") in the City, to be owned by the Borrower, and the City desires to assist the financing �of the Project upon the terms and conditions specified in the Act and the Agreement (as hereinafter defined); WHEREAS, pursuant to Resolution No. 102-1986, adopted by the Fridley City Council on September 22, 1986 (the "Bond Resolution"), artd pursuant to an Indenture of Trust, dated as of September 1, 1986 (the "Sndenture"), between the City and Norwest Bank Minneapolis, National Association, in Minneapolis, Minnesota (the "Trustee"), the City has issued its $2,SOO,OOQ CommerciaZ Development Revenue Honds (Fridley Business Plaza Limited Partnership Project), bearing September 23, 1986, as date of issue thereof (the "Bonds"); 9C WHEREAS, the City and the Borrower have entered into a Loan Agreement, dated as of September 1, 1986 (the "Agree- ment"), to provide, among other things, for the loan of the proceeds of the Bonds to the Borrower to be used to finance the Project; WHEREAS, the Indenture, the Bond Resolution and the Agreement contemplate the subsequent execution of Security Documents� and/or Credit Provider pocuments (as defined in the Agreement and Indenture), as well as such amendments of or successors to the Indenture and the Agreement as may be desirable or necessary in connection therewith (such docu- ments being hereinafter collectively referred to as the "Supplemental Documents"); WHEREAS, in order to satisfy the requirements of the Credit Provider (as defined in the Indenture) and the rating agency reviewing the Bonds, there has been submitted to the City a Supplemental Document entitled Supplemental and Restated Indenture of Trust, dated as of December 1, 1986 (the "Supplemental Indenture"), proposed to be entered between the City and Trustee providing certain amendments to the Indenture and restating the Indenture as so amended; and WHEREAS, copies of the proposed Supplemental Indenture have been placed on file in the office of the City Clerk: NOW, THEREFORE, BE IT RESOLVED by the City•Council of the City of Fridley, Minnesota, as follows: Section 1. The City Council hereby finds that the approval an execution by the City of the Supplemental Indenture would serve the interests of the City. Section 2. The Bonds are and shall remain special and limited obligations of the City, payable solely from the revenues derived by the City from the Agreement and from the Trust Estate provided in the Supplemental Indenture. Other- wise, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory or Home Rule Charter provision, shall not constitute or give rise to any pecuniary liability of the City, any charge against the City's full faith and credit or taxing powers or any charge, lien or encumbzance, legal or equitable, upon any funds or other assets of the City. Section 3. The City Council. of the City hereby autho- rizes the Mayor and the officers of the City to execute and deliver the Supplemental Indenture. All of the provisions of the Supplemental Indenture, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorpo- - 2 - . � rated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Sup- plemental Indenture shall be substantially in the form on file in the office of the City Clerk with such necessary and appropriate variations, omissions and insertions as the Mayor and officers of the City executing the same, with the advice of bond counsel for the Bonds, O'Connor & Hannan, shall determine, as evidenced by such execution thereof. Section 4. All covenants, stipulations, obligations and agreements of the City contained in this resolution and in the Supplemental Indenture shall be deemed to be the cove- nants, stipulations, obligations and agreements of the City to tbe full extent authori�zed or permitted by law, and all such covenants, stipulations, obligatioas and agreements shall be binding upon the City. Except as otherwise pro- vided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution and the Supplemental Indenture shall be exercised or performed by the City or by such members of the City Council or by such officers, board, body or agency thereof as may be required by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the Supplemental Indenture shall be deemed to be a covenant, stipulation, obligation or a9reement of any member of the City Council or any officer, agent or employee of the City in that person's individual capacity. Section 5. In case any one or more of the provisions of this resolution or the Supplemental Indenture shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other such provision, but this resolution and the Supplemental Indenture shall be construed as if such illegal or invalid provision had not been contained therein. . Section 6. The officers of the City, attorneys, engi- neers and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution and the Supplemental Indenture for the full, punctual and complete performance of all the terms, covenants and aqreements contained therein, including without limitation the execution and delivery of all supplementary certificates and documents necessary or advisable in connection with the execution of the Supple- mental Indenture. - 3 - 9E Section 7. This resolution does not supercede, nullify or modify the Bond Resolution, which has remained in full force and effect since its adoption and which is hereby reaffirmed, but this resolution shall be construed as sup- plementary thereto in respect of the express authorization herein for the execution and delivery by the City of the Supplemental Indenture. Upon such execution and delivery, as provided in the Supplemental Indenture, the outstanding principal amount of the Bonds from and after the Conversion Date shall not exceed $2,790,000. Section 8. The City Council hereby authorizes the dis- tribution o�- the Official Statement prepared for the Bonds in connection with the sale and/or remarketing of the Bonds; however, the City has not reviewed the Official Statement and assumes no responsibility for the accuracy or complete- ness thereof, or otherwise. Adopted by the Fridley City Council on December 8, 1986. - 4 - 10 T0: E'kOM : L1ATE : QTY OF FRTTGEY MEMORANDOM Nasim M. Quleshi� City MaI13geI Rick Pribyl, Finance Director Deosnber 4 , 1986 SUB�7ECT: Resolution authorizing changes in appropriations for the General f�md, Revenue Sharing f�md, Home Ownership fund, and the HRA fund for the fiscal year 1985 Attached is the resolution neoessary to acxomplish the appropriation changes and adjustments f or the 1985 budget required by the Government Finance Officers Association in conj�ction with the award for outstanding f inancial reporting. Bec�use of the increasing requirements of the award proqram we participate in, the list of adjustments is longer than Fast years. Belaw you will find an explanation for all the budget adjustments. Each change has been identified with an alphabetic character and describes the changes that are shawn on the resolution. A. Beginning in 1983, we noti.fied you that because of reporting requir�nents it is necessary to make interdivision adjustments between personal servives, supplies and other charges, and capital outlay. It should be pointed out that this is not a charter requirenent nor is it a requirenent of state l�a, but is merely an adjustment to keep us in compliance with GFOA guidelines and to insure that we retain the award. All of these changes have been identified wi�h the letter "A". I would like to point ou� that these types of changes do not affect the total dollar amount of the budget, but merely adjustments within departments. B. Within the Gen�eral Management div ision, there was an increase to the cost of producing the city's quarterly newsletter of $2,200. This adj ustment represents a reallocation fraa the City Council division. C. Within the Planning co�n.ission, activities exceeded the projected staff requirenents because of the pent up de�►and for construction, and $4,600 neecls to be reallocated fran emergency reserve for tenporary salaries. D. Copying costs within the Planning conenission requires an additional $950 to be reallocated fran the reserve area. E. Bec��se of the intensive work that had to be dorie in aonj�ction with the Fair Labor Standarcls Act, an additional $3,800 is needed in personal servives. Because of the wellness program and other consultants, an additional $17,000 for supplies and other charges is neoessary. 1oa F. G. The Legal division requires a transfer from reserve in the amount of $30,150, because of the legal aosts involved in the prosecution of the �1 Health Qub. Computer equignent was purchased for elections to a].laa ballot tabulating at City Hall, and an additional transfer of $300 for capital outlay is required fran the previously approved amount. H. The various grants in nLmnerous areas. changed by $28,000. changed by $102, 00 area also increase the budget. fran goverrmient and private agencies required changes The Finanoe budget in the area of personal services The Planning budget in the area of personal serv ioes 9 and capital outlay changed by $122,195. The revenue d by the same amounts so there was no net increase to I. The Finanoe division required a transfer of $7,500 into personal servioe s fran the Civic Center personal servioes budget for the MIS staff that was originally budgeted in the Civic Center de�rtment. J. The Finance division required a transfer irito personal services f rom the reserve in the amount of $26,000 because of the labor that was irivolved in the cornrersion of our financial software during the year. K. The Finance division required a transfer into capital outlay f rom the reserve in the amo�mt of $100 for a calculator that had to be replaoed. L. Z'tie Technical Engineering division required a transfer of $1,000 into capital outlay froan the reserve for the replaoement of a mobile radio. M. The City of Fridley has been purchasing the Revenue Sharing Handbook along with the federal guidelines for revenue sharing. In tt►e past it has been purchased out of the general fund. Therefore, we need a resolution authorizing budget authority for $750 in the area of supplies and other charges within the revenue sharing fund. N. Each year the City of Fridley, through the �e of the Hcme Owr�ership fund, expenc3s money for the purpose of praviding professional servioes for the HRA. �is ftmd is used for easy money clarificaiton of expended funds on behalf of the HRA. This money is then refunded to the City from the Housing and Redevelopnent Authority. Each year we also set up a budget for this amount and shaw the revenue souroes froan the HRA. 0. As you are aware, the City of Fridley is required to incorporate the 8RA set of aocotmts in our awn annual report due to the fact that the City has issued General Oblication Bonc�s for the HRA. Due to this fact, the City is also required to set up a budget amount for the appropriate activity within the HIZA. This transaction does not affect the HRA e�enditures nor does the City by this action authorize the allocation or expenditure of ariy f�ds. It is a mere image of the amount of activity that happened in the HIzA during the year 1985. It is dor�e so to comply with the guidelines as stated by GE+OA. 1 : RESOLtlTION NO. - 1986 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENF.RAI. FUND, REVENUE SHARING FUND , CABLE TV F[TND , HOME OWNERSHIP FUND, AND TNE HRA FUI3D FOR THE YEAR 1983 WHEREAS, GFOA requires that all line items within divisions reflect a favorable account balance in the annual report, and, WHEREAS, the City of Fridley has expended an additional $2,200 in General Management for publication of information materials, and WHEREAS, the City spent an additional $4,600 withia the Planning Commission with the increase of construction, and WHEREAS, the City spent an additional $950 in reproduction of materials within the Planning Commission, and WHEREAS, the City's Personnel Division was involved in the development of the Comparable Worth Study, and an additional $20,800 is required, and WHEREAS, the City's Legal Division was involved in the prosecution of the Number 1 Health Club and an additional $30,150 is required, and WHEREAS, the City's Election Division purchased an additional piece of equipment for voter tabulation and an additional $300 is required, and WHEREAS, the City's Finance Division coverted to an in-house accounting system and an additional $26,000 is required, and WHEREAS, the City's Finance Division replaced a calculator and an additional $100 is required, and WHEREAS, the City's Engineering Division replaced a mobile radio and an additional $1,000 is required, and WHEREAS, the City expended $750 out of the Revenue Sharing Fund for a Revenue Sharing Handbook, and WHEREAS, the Home Ownership Fund had expenditures of $28,550 which needs to be properly budgeted for, and WHEREAS, the City is required to establish a set of HRA accounts with the proper Budget; . NOW, THEREFORE, BE IT RESOLVED, that the budgets of the following Divisions and Funds be amended as follows: �oc Page 2- Resolution No. - 1986 City Council Planning Commission General Management Personnel Legal Elections Accounting Assessing �1 �1• � al )�I�. Appropriations Supplies and Other Charges (B) $ Personal Services (C) Supplies and Other Charges (D) Supplies and Other Charges (B) Personal Services (E) Supplies and Other Charges (E) Personal Services (A) Supplies and Other Charges (F) Supplies and Other Charges (A) Capital Outlay (G) Personal Services (H) Personal Services (A) Personal Services (I) Personal Services (J) Supplies and Other Charges (A) Capital Outlay (K) Personal Services (A) Supplies and Other Charges (A) Police Personal Services (A) Fire Personal Services (A) Personal Services (A) Supplies and Other Charges (A) Civic Center Personal Services (I) (2,200.00) 4,600.00 950.00 2,200.00 3,800.00 17,000.00 (1,000.00) 30,150.00 1,000.00 300.00 28,000.00 11,000.00 7,500.00 26,000.00 (11,000.00) 100.00 (5,500.00) 5,500.00 (4,392.00) (3,738.00) (2,000.00) 2,000.00 (7,500.00) Code Enforcement Personal Services (A) (10,600.00) Personal Services (A) (2,500.00) Personal Services (A) (8,000.00) Personal Services (A) (48,000.00) Supplies and Other Charages (A) 8,000.00 Planning Personal Services (H) 102,009.00 Personal Services (A) (39,000.00) Supplies and Other Charges (H) 122,195.00 Capital Outlay (A) 39,000.00 Page 3- Resolution No. - 1986 Engineering Public Works Recreation SUBTOTAL Personal Services (A) Supplies and Other Charges (A) Capital Outlay (L) Personal Services (A) Personal Services (A) Personal Services (A) Supplies and Other Charges (A) Reserve for Contingency (E) Reserve for Contingency (J) Reserve for Contingency (D) Reserve for Contingency (G) Reserve for Contingency (F) Reserve for Contingency (L) Reserve for Contingency (K} Reserve for Contingency (C) SUBTOTAL Transfers (A) Transfers (A) Transfers (A) SUBTOTAL TOTAL Revenues Community Development Block Grant ((H) Section 8 (H) Police DWI (H) Other State Grants (H) Local Grant NSP/Minnegasco (H) TOTAL $ $ $ 10,600.00 2,500.00 1,000.00 48,000.00 (3,121.00) (15,250.00) 15,250.00 324,853.00 (20,800.00) (26,000.00) (950.00) (300.00) (30,150.00) (1,000.00) (100.00) (4,600.00) (83,900.00) $ 4,392.00 3,738.00 3,121.00 $ 11,251.00 $ 252,204.00 $ 153,300.00 23,227.00 30,786.00 29,602.00 15,289.00 $ 252,204.00 10D Page 4- Resolution No. - 1986 REVENUE SHARING FOND Appropriations Supplies and Other Charges (M) Fund Balance (M) HOMEOWNERSHIP FUND Appropriations Personal Services (N) Supplies and Other Charges (N) ESTIMATED REVENUES Intergovernmental-Local (N) HRA F�TND Appropriations Supplies and Other Charges (0) Capital Outlay (0) Transfer (0) Fund Blance (0) $ 750.00 (750.00) $ -0- $ 23,300.00 5,250.00 $ 28,550.00 ��_�� $ 28,550.00 �� $ 260,000.00 5,750,000.00 200,000.00 11,403,475.00 $17,613,475.00 ��-- —_�� 10E Page 5- Resolution No. - 1986 ESTIMATES REVEN[TES Taxes (0) Intergovernmental Revenue (0) Interest on Investments (0) Miscellaneous (0) Rent (0) Sale of Property (0) Other (0) Bond Proceeds (0) $ 401�000.00 7,000.00 120,000.00 25,000.00 60,000.00 475.00 17,000,000.00 $17,613,475.00 pASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1986 WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 10F RE90I�Iat�1 Np. — 1986 A RESOLUTION APPRaVING AND AUTHORIZING SIGNING TflE p� EStABLIS�ING WORKIl�IG OODIDITIC�IS� �fGFS At�ID H(X1RS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMF� FOR ZHE YF.AR 1987 in�iE�tF',AS, the Law F�forceinent Labor Services, Inc. as bargaining •representativ�e of the Police Officers of the City of Fridley� has presentec7 to the Council of the City of Fridley various requests relating to the w�orking cor�ditions, wages and hours of Police Officers of the Police Department of the City of Fridley; and WHII2F,AS, the City of Fridley has presented various requests to the Union and to the e�loyees relating to working conditions, wages and hours of Police Officers of the Police Department of the City of Frildey; and WZiF�2EAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union ar� the City; and WHEREAS, agreement has naw been reached between the representatives of the tw�o garties on the proposed changes in the existing contract between the City and the Union; and NOW, Z�iEREEnRE, BE IT RESOLVED that the City Council hereby approves said Agreesnent and that the Mayor and the City Manager are hereby authorized to execute the attached Agreenent (Exhibit "A") relati.ng to working conditions, wages and hours of Police Officers of the City of Fridley. PASSID A1�ID ADOPTID BY Z�IE CITX QOiJNCIL OF THE CITY OF E'RIDLEY 'i�ilS BTFI DAY OF DECE�IIt, 1986. AZTF.ST: SHIRLEX A. HAAPALA CITY CZII2R WILLIAM J. NEE - MAYOR 1 11 /�1_p -,, �,�`� . ��iii , �. , � ��„ �o_�,_ -� Q� POLICE DEPARTMENT City of Fridley Minnesota DATE DE�EMBER 8, 1986 FROM PUBLIC SAFETY DIRECTOR SUBJECT 1987 LABOR AGREEMENT J.P.HI NASIM MEMORANDUM TO ACTI Enclosed is the 1987 Police Labor Agreement that has been signed by the Police Union and submitted to Council for consideration. The significant changes in the 1987 Labor Agreement over the 1986 Labor Agreement are as follows: l. An increase in wages of 4.Og 2. A$10 increase in insurance from $165 per month to $175 per month. 3. Allow use of up to fifteen dollars per month of health insurance dollars for dental insurance. 4. JPH/sa Grandfather out educational incentive pay for employees hired on or after January 1, 1987. INFO X lSL' IAB�t A�P B�E1�lE@i '�E CITY O�P' FRIDI,LY AZD LAW II�]FORCHriIIJr IABO�t SII7VIC�S� INC. 1987 � I II III �++� V VI [�� VIII IX X XI XII XiII XIV XV XVI XVII XVIII XIX XX XXI XXII XXIII �: :_ - .. • .., �� w ; � �:� P� PURPOSE OF AGREII�IIIVT . . . . . . . . . . . . . . . . . . . . 1 RDOOC�JITION . . . . . . . . . . . . . . . . . . . . . . . . 1 DEFIr1ITI0NS. . . . . . . . . . . . . . . . . . . . . . . . 1 IIKPI�OYER SD(�JRITY . . . . . . . . . . . . . . . . . . . . . 2 F1�'LAYER AtltiiORITY . . . . . . . . . . . . . . . . . . . . . 2 UNIONSF7CIIRITY . . . . . . . . . . . . . . . . . . . . . . . 3 FiKPIAYEE RIG�i'I'S — GRIEVAI�iCE PROCIDURE . . . . . . . . . . . 3 SAVIlVGSC�AtISE . . . . . . . . . . . . . . . . . . . . . . . 5 SENIORITY. . . . . . . . . . . . . . . . . . . . . . . . . 5 DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . 6 OO�TSTI�Tl'IONAL PROTDCTIOTi . . . . . . . . . . . . . . . . . 7 inARK SC�iIDtTLE'S . . . . . . . . . . . . . . . . . . . . . . . 7 `.� • • i • • • • • • • • • • • • • • • • • • • • • • � QOURTTIME . . . . . . . . . . . . . . . . . . . . . . . . . 7 CAI�L BACK TIME . . . . . . . . . . . . . . . . . . . . . . . 8 WORKING 0[lT OF QASSIFICATION . . . . . . . . . . . . . . . 8 INS[TRANCE . . . . . . . . . . . . . . . . . . . . . . . . . 8 STANDBYPAY . . . . . . . . . . . . . . . . . . . . . . . . 8 UDTIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . 8 P.O. S. T. TRAINING . . . . . . . . . . . . . . . . . . . . . 8 UO�IGEVITY Ai�ID E�LICATIONAL Il�TCIIVTIVE . . . . . . . . . . . . 8 W14GE RATFS . . . . . . . . . . . . . . . . . . . . . . . . . 9 I,flGi�L DEFE�.SE . . . . . . . . . . . . . . . . . . . . . . .1@ 11C 11D TABLE OF �IIJ1'S (Continued) �� XXIV IASS OF SIIJIORITY . . . . . . . . . . . . . . . . . . . . .10 XXV Pl�O�BATIONARY PERIODS . . . . . . . . . . . . . . . . . . . .10 �VI ANNUAL LFAVE . . . . . . . . . . . . . . . . . . . . . . . .10 XXVIIHOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . .12 XXVIII SHORT TERM DISABILITY . . . . . . . . . . . . . . . . . . .12 XXIXFtJI�RP►L PAY . . . . . . . . . . . . . . . . . . . . . . . .13 X}IX JURY PAY . . . . . . . . . . . . . . . . . . . . . . . . .13 X�CI OOMPEDISATORY TIME . . . . . . . . . . . . . . . . . . . . .13 }�{XII FI�IAYEE ID(JCATION PROGRAM . . . . . . . . . . . . . . . . .13 XXXIII PAY FOR INVESTIGATORS OR DETDC`P1VF5 . . . . . . . . . . . .14 X}IXIV BMS CASE N0.85-PN-486 A, ISSUE 8 . . . . . . . . . . . . . .14 XX�CV �VER . . . . . . . . . . . . . . . . . . . . . . . . .14 XXXVIDURATION . . . . . . . . . . . . . . . . . . . . . . . . .15 � �r s�w�t crr�r oF �unr.� � r�w �o�a�r r�t s�cES, nJC. � �� M ' _ i � i�.�� ' � H: �I�yl�+��4 T'his AGREEMENr is entered into as of December 8, 1986 between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the LAW ENFORCEMENT LABOR SERVICES, IldC., hereinafter called the Ur1I0N. It is the intent and purpose of this AGREFrIII�T to: 1.1 Establish procedures for the resolution of disputes concerning this A�GREII�TP'S interpretation and/or application; and 1.2 Place in written form the parties' agreesnent upon terms and conditions of enployment for the duration of this A�GREII�N'P. ARTICLE II RHOOQ�IITI�1 2.1 The II�LOYER recognizes the L)NION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the follawing job classifications: 1. Police Officer 2. Police Corporal 2.2 In the event the IIK�I,OYER and the LR�TION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 S�i�n Law Enforc�nent Labor Services, Inc. ,� • � v ��.,- A member of the Law E�forceqnent Labor Services, Inc. C ?��r• . - - A member of the exclusively recognized bargaining unit. 3.4 DPna_rtrrwnt The Fridley Police Degartment 3.5 � 1 11E The City of Fridley 3.6 rh� 11F The Public Safety Director of the Fridley Police Department. � •� •. - Officer elected or a�ointed by the Law Enforc�nent Labor Services, Inc. � - .. . /�- � An employee specifically assigned or classified by the EMPLOYER to the job classification and/or job position of Il�]VESTIGA�R/DET�CTIVE. 3.9 OvPrtimP Work performed at the express authorization of the II�IAYER in excess of the enployee's scheduled shift. % � �,• :,• � A consecutive w�ork period including rest breaks and a lunch break. 3.11 Rest Breaks Periods during the SC;HIDULID SHIFT during which the employee remains on continual duty arx7 is responsible for assigned duties. 3.12 Lunch Break A period during the SQ3IDULm SHIFT during which the employee re�n�ains on continual duty and is responsible for assigned duties. 3.13 �@ Concerted action in failing to report for duty, the willful absence fram one's position, the stoppage of w�ork, slo�w-down, or abstinence in whole or in gart fran the full, faithful and proper perforn►ar►ce of the duties of employment for the purposes of inducing, inf luencing or coercing a change in the conditions or ca�ensation or the rights, privileges or obligations of employment. • •� « a i• . �+• �«� • The Ur1I0N agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, garticigate in or sup�ort any strike, slaov-dawn or other interruption of or interference with the nornal functions of the II�T�YER. ' '� N ' ? 1' • �I • � 1 1: � ' 5.1 The II►�LOYER retains the full and unrestricted right to operate and manage all manpawer, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to 2 11G select, direct, arx7 determine the n�m�ber of personnel; to establish w�ork schedules, and to perform any inherent managerial function not specifically limited by this AGREII�lE�1T. 5.2 Any term and condition of esnployment not specifically established or modified by this AUREEMIIVT shall remain solely within the discretion of the IIHPI+OYER to modify, establish, or eliminate. AR'i'ICLE VI iJNIO�TT SD(�1RITY 6.1 The IIKPI�OYER shall deduct fram the wages of snployees who authorize such a deduction in writinq an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the tJNION. 6.2 The tJNION may designate e�loyees frcm the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The IIKPIAYER shall make space available on the employee bulletin board for posting iJNION notice(s) and announce�nent(s). 6.4 The UNTON agrees to indemnify and hold the II�LOYIIt harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the Fr�LOYER under the provisions of this Article. :�Y « / 5��:� �a� ; r:i+4• ti� �l�� «' .:,� «a� 1� 1:��i �.- � •� • - -� A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREII�iII�. � •� ;-• - -� .. The Ei�iPIAYER will recognize REPRESII�ATIVFS designated by the UNION as the grievance representatives of the bargaining unit having the duties aixl responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNiON REPRFSII�TATIVES and of their successors when so designated as provided by Section 6.2 of this AGREFI�IF.�VT. ._ - � . . - r � - It is recognized arxi accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties ar�cl responsibilities of the EMPLOYEES and shall therefore be acc�anplished during nornial vaorking hours only when consistent with such II�IAYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowecl a reasonable amount of time without loss in pay when a grievance is investigated and presented to the FMPLOYER during normal w�orking hours provided that the IIHPLOYEE and the UNlON REPRESII�ATIVE have notified and received the approval of the 3 designated supervisor who has determined that such absence is reasonable ar�d would not be detrimental to the w�rk programs of the II�LOYER. 7.4 Procedure 7.5 Grievances, as defined by Section 7.1, shall be resolved in conformance with the follawing procedure: �� An EMPLOYEE claiming a violation concerning the interpretation or application of this AGRE�IT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPIAYEE'S supervisor as designated by the EMPLOYER. The II►�LOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievar�e, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the renedy requestec3, and shall be ap�pealed to Step 2 within ten (10) caler�dar days after the F�LOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. �� If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The II�LOYER- designated representative shall give the L]NIOiN the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calerxiar days follawing the EMPLOYER-designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UriION within ten (10) calendar days shall be considered waived. �,� A grievance unresolved in Step 2 and appealed t shall be submitted to arbitration subject to Public E�nployment Labor Relations Act of 1971. arbitrator shall be made in accordance with the Arbitration of Grievances" as established by Relations Board. . • ��• o Step 3 by the UNION the provisions of the The selection of an "Rules Governing the the Public Employment a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREII�NT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the t1NI0N, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without paw�er to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and 4 11H effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the sub�ni.ssion of briefs by the parties, whichever be later, unless the garties agree to an extension. The decision shall be binding on both the II�LOYE'.R and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this A� ar�d to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the II�'LOYER and the UNION provic7ea that each party shall be responsible for compensating its own representatives arid witnesses. If either party c7esires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Hiaiver If a grievance is not presented within the ti.me limits set forth above, it shall be considerec7 "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be consic7ered settled on the basis of the EMPLOYER'S last answer. If the IIKP'LrOYER does not answer a grievance or an appeal thereof within the specified time limits, the IlNION may elect to treat the grievance as denied at that step and immediately appeal the qrievance to the next step. The time limit in each step may be extended by mutual written agreenent of the IIKPL�OYER and the iJNION in each step. «�,. - . ;=��,-. If, as a result of the written EMPLOYER response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, denotion, or discharge of an employee who has canpleted the required probationary period, the grievance may be appealed either to Step 3 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair E�loyment. If appealed to any procedure other than Step 3 of Article VII, the grievance is not subject to the arbitration procedure as provided i.n Step 3 of Article VII. The aggrieved employee shall indicate in writing which proceciure is to be utilized (Step 3 of Article VII or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved enployee fran making a subsequent ap�eal through Step 3 of Article VII. ARTICGE VIII SAVINGS QAUSE This A�RE��IT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction fran whose f inal judgment or decree no appeal has been'taken within the time provided, such provisions shall be voided. All other provisions of this AGREII�T shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICI,E IX SFidIORITY 5 111 11J 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary perial, a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a pran�ted or reassigned employee may be replaced in his previous postion at the sole discretion of the II�IAYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Ffiployees shall be recalled from layoff on the basis of seniority. An anployee on layoff shall have an opportunity to return to work within two years of the time of his layoff before any new employee is hired. 9.4 Senior esnployees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of enployees are equal. 9.5 Senior qualified employees shall be given shift assignments preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until May lst of each calendar year. ARTICLE X DISCIPLINE 1H.1 The II�LOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. ora]. reprimand; b. written reprimand; c. suspension; a. aemotion; or e. discharge. 1H.2 Suspensions, desnotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to becane part of an employee's personnel f ile shall be read and acknvwledged by signature of the employee. E7nployees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their awn individual personnel files at reasonable times under the direct supervision of the II�i+OYER. 1H.5 Discharges will be preceded by a five (5) day suspension without pay. 1H.6 Einployees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a U1�1I0N representativ�e present at such questioning. 10.7 Grievances relating to this AIMZCGE shall be initiatecl by the UNION in Step 2 of the grievance procedure urxler Article VII. � 11K �cr� xz ooNSri�o� �ao►r�cr�arr Finployees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII `URR SQiIDL1LES 12.1 The normal work year is an average forty (40) hour work week for full time employees to be accounted for by each employee through: a. hours workecl on assigned shifts; b. holidays; c. assignecl training; d. authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimiaa or maxi�m nt�nber of hours the �LOYER may assign employees. ARTICGE XIII WERTIlKE 13.1 F�loyees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an enployee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by esnployees will for record purposes under Article 13.2 be considered as unpaid overtime w�orkeci. 13.4 For the purpose of computing overtime ca�ensation overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee fran so working. ARTICGE XI�� TIl�3 An e�loyee who is required to appear in Court during his scheduled off-duty time shall receive a minim�aa of two (2) hours' gay at one and one-half (1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minim�an. An einployee who is required to appear in court within eight (8) hours of canpleting his regularly scheduled shift between 3:00 a.m., and 9:00 a.m., shall receive a minimum of three (3) hours pay at one and one-half (1 ],/2) times the employee's base pay rate � �zcr� xv c� s�c�c � An employee who is called to duty during his scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2j times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimwn. ARTICLE XVI W�RRING OUP OP' CLASSIFICATIO�N rfiployees assigned by the II�IP'L�YER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTIC�,E XVII �NSURANCE 17.1 The II�LOYER will contribute up to a maximian of one-hundred-seventy-five dollars ($175.00) per month per employee toward health, life and long-term disability insurance. 17.2 By mutual agregnent each employee may use up to fifteen dollars t$15.00) per month of health insurance dollars in 17.1 for group dental insurance offered through the city. ARTICLE XVIII STAi�IDBY PAY Eh�loyees required by the II►�LOYER to standby shall be paid for such standby ti.me at the rate of one hour's pay for each hour on stanc�by. ARTICGE XIX L�iIFORMS The II�IP'LOYE�R shall provide required uniform and equipment items. ARTI(3,E �C P�OST TRAIIJIl�G The City shall assign training at City expense for Police Officers to canplete 48 hours of P.O.S.T. Board approved education during each three year licensing period. ARTICGE XXI IpIJGEVITY AI�ID IDLICATI�IAL IlJC�IVE Effective July 1, 1978 the following terms and conditions are effective, except that employees hired after January 1, 1987 shall not be eligible for educational incentive. 21.1 After four (4) years of continuous employment each enployee shall choose to be paid three percent (3$) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this ARTICLE. 21.2 After eight (8) years of continuous employment each employee shall choose to be paid supplementary pay of f ive percent (5$) of the employee's base rate or sup�lementary pay based on educational credits as outlined in 21.6 of this ARTICLE. 21.3 After twelve (12) years of continuous employment each employee shall 8 11L 11M choose to be paid supplementary pay of seven percent (7$) of the gnployee's base rate or suppl�nentary pay based on educational credits as outlined in 21.6 of this ARTICLE. 21.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent (98) of the enployee's base rate or supplenentary pay based on educational credits as outlined in 21.6 of this ARTICLE. 21.5 E�nployees may choose supplenentary pay either for length of service or for educational credits no more often than once every twelve (12) months. 21.6 Supplesnentary pay based on educational credits will be paid to employees after twelve (12) months of continuous �nployment at the rate of: Educational Credits stated in Percentage Pay terms of college quarter credits incrgnent 45 - 89 90 - 134 135 - 179 180 or more 3$ 5$ 7$ 9$ Not all courses are to be eligible for credit. Courses receivinq qualifying credits must be ic�b related. (Thus, a 4 year degree is �t automatically 180 credits -- or a 2 year certificate is not autanatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), c�mpletion of these courses would yield a total of 11 qualifying crec7its, C.E.U.'s (Continuing Education Units) in job-relatec7 seminars, short courses, institutes, etc. shall also be counted. The EMP'LOYER shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-37B-A. ARTIQ�E }IXII WAGE RATES 22.1 The follawing wage rates will apply for 1987: Start . . . . . . . . . . . . . . . . . . . $1,734 After Six Months . . . . . . . . . . . . . 1,866 After One Year . . . . . . . . . . . . . . 2,132 After �a�o Years . . . . . . . . . . . . . . 2,398 After Three Years . . . . . . . . . . . . . 2,664 22.2 Fhrployees classified or assigned by the EMPLOYER to the following job classifications or positions will receive one hundred dollars (5100.00) per month or one hurx3red c]ollars ($100.00) pro-rated for less than a full month in addition to their regular wage rate: Investigator (detective) School Liaison Officer 9 Juvenile Officer Dog Handler Paramedic 11N 22.3 bnployees classified by the II�'I�OYER to the follawing job classification will receive one-hundred-ten dollars ($110.H0) per month or one-hundred-ten cbllars (110.00) pro-rated for less than a full nbnth in addition to their regular wage rate: Corporal ARTICLE X�CIII LEIGAL DEE�'II�iSE 23.1 E�nployees involved in litigation because of proven negligence, or non-observance, or non-observance of laws, or of a personal nature, may not receive legal defense by the municigality. 23.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisor, shall be reimbursed for attorney's fees and court costs actually incurred by such employee in defending against such charge. 23.3 The City of Fridley will provide protection for all officers and Patrolmen against false arrest charges. AR'I'IQ.E �IXIV IU6S OF SIIJTORITY 24.1 bnployees shall lose their seniority for the follawing reasons: a. Discharge, if not reversed. b. Resignation. c. Unexcused failure to return to w�ork after expiration of a vacation or formal leave of absence. Events beyond the control of the enployee which prevent the anplayee fran returning to work will not cause loss of seniority. d. Retirenent. « • •,� : • ►� •� • �+• • �. All newly hired or rehired employees will serve a twelve (12) months probationary period. ARTI(��E XXVI Al�IIVOAi, I�EAVE 25.1 Each enployee shall be entitled to annual leave away from employment with pay. Annual leave may be used for scheduled or energency absences fran employment. Annual leave p�y shall be canputed at the regular rate of pay to which such an gnployee is entitled; provided, however, that the amount of any compensation shall be reduced by the payment received by the employee from w�orkers' oompensation insurance, Public E�aployees Retirement Association disability insurance, or Social Security 10 110 disability insurance. An esnplayee's accwr►ulation of annual leave will be reduced only by the a�nount of annual leave for which the employee received canpensation. 25.2 Seniority shall apply on scheduled annual leave up to May lst of each year. After May lst, scheduled annual leave shall be on a f irst come, first serve basis. 25.3 A beqinning employee shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 sucoessive monti�s). An employee who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-iour (24} days per year, beginning with the eighty-fifth (85th) month of successive employment. An employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty- first (181st) month of consecutive enployment. These rates are basecl on a forty hour regular w�ork week. The actual amount credited to an enployee in any given pay peria7 shall be prorated according to the actual nwnber of regular Y�ours worked during that gay period. Hours worked on overtime, callback, or standby shall not enter into the calculation of the accrual of annual leave. 25.4 For an enployee hired on or after Janu�ary 1, 1984: The maxiimu�a total acc�unulation of annual leave at the end of any given year shall be thirty (30) days. Once a year, at a time designated by the City, an employee who has completed seven (7) years of service with the City will have the opportunity to exchange up to three (3) days of accuanulated annual leave for cash. At the same time, an employee who has car�pleted fifteen (15) years of service with the City will have the opportunity to exchange up to five days of acc�unulated annual leave for cash. 25.5 For an enployee hired before January 1, 1984: Vacation accrued but unused as of Deceinber 31, 1983 shall be converted to annual leave at the rate of one (1) day annual leave for one (1) day of vacation. A�ccrued but unused sick leave as of December 31, 1983 shall be comierted to annual leave accordinq to the following schedule. a. lst 45 days @ 1 day of annual leave �or 1 day of sick leave b. ?.r�] 45 days @ 1 day of annual l+eave for 2 clays of sick leave c. Renainder @ 1 day of annual leave for 3 days of sick leave In lieu of severance gay, one hour of annual leave shall be credited for each full month of enployment up to a maximum of tw�a hundred forty (240) hours. The total amount of annual leave credited to the enployee's balance as of January 1, 1984 shall be equal to accrued but unused vacation plus accrued but unused sick leave converted acoording to the formula above plus the amount in lieu of severence pay. If upon conversion to the annual leave plan an em�loyee's accumulation 11 11P of annual leave exceeds thirty (30) days, that amount shall be the maxim�aa total acciuwlation (cap) for that employee at the end of any subsequent year. Once a year, at a time designatecl by the City, an employee will have the opportunity to exchange up to five (5) days of accunulatecl annual leave for cash. In addition, once a year at a time designated by the City, an employee with an accwnulation of annual leave in excess of thirty (30) days will have the opportunity to exchange up to five (5) days of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an enplayee by an equal amount. 25.6 Upon segaration from employment with the City, an e�nployee will be paid one (1) day's salary for each day of accrued annual leave remaining in the employee's balance. ARTICGE }IXVII A�IUAYS F]nployees will receive eleven (11) holidays. In addition, employees shall be paid at one ancl one-half (1 1/2) times their base rate of pay for all hours �rorked on eleven (11) City designated holidays. ARTICLE �IXVIII S'EIORT TIIZNI DISABILITY 28.1 Each e�loyee who has successfully completed the employee's probationary period shall be eligi.ble for short term disability benefit. Such an employee shall be entitled to full pay commencing on the twenty-first (21st) consecutive w�orking day on which the employee is absent due to a phyician-certified illness or injury whether on or off the job, and continuing until the emplayee returns to work able to carry out the full duties and responsibilities of the e�loyee's position or through the one hundred and tenth (110th) working day of absence, whichever occurs first; provided, hawever, that the amount of any compensation shall be reduced by any payment received by the disabled enployee from workers' compensation insurance, Public Employees Retirement Association disability i.nsurance, or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shal]. not exceed ninety (90) working days for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an enployee receiving short term disability benefit shall not be reduced, nor shall such employee accrue annual leave during that period. 28.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive from an employee who has been absent more than twenty (20) working days in succession a certificate signed by a competent physician or other medical atten�7ant oertifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an examination made at any time of any employee claiming gayment under the short term disability benefit. Such examination may be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably 12 11Q necessary to verify the illness or injury claimed. 28.3 If an employee hired before January 1, 1984 has received payments under the injury-on-duty provisions of previous contracts, the number of days for which payment was received will be deducted fran the nwober of days of eligibility for coverage under short term disability for that same i.njury. ARTICLE XXIX F[JN�iAL PAY Funeral leave will be granted to full time enployees up to a maxinaaa of three days. Funeral leave is granted ir� case of deaths occuring in the immediate family. For this purpose immediate family is considered to be a spouse, child, parent, grandparent, brother or sister, monther-in-law and father-in-law. ARTICLE XXX JIIItY PAY It shall be understood and agreed that the City shall pay all regular full time gnployees serving on any jury the difference in salary between jury pay and his regular salary or pay while in such service. ARTIC��E XXXI �II�iSATDRY TIlNE Manage�nent reserves the right to approve co�npensatory time in lieu of overtime pay. Canpensatory time shall not be acc�anulatec] in excess of twenty-four (24) hours, and must be used within the calendar year in which it was accumulated as determined by the enployer. ARTICLE X7IXII II�T�YEE EDi1CATI0N Pii�GE21�M 32.1 The City will pay certain expenses for certain ec3ucation courses based on the follawing criteria. a. The training course must have relevance to the employees' present or anticigated career responsibilities. Attendance shall be at a City approved institution. The course must be approved by the Department Head. b. Financial assistance will be extended only to oourses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 32.2 Programs Financial Policy Financial assistance will be extended to cover only the cost of tuition. Charges for books, student union membership, student health coverage and other charges for which the student receives sane itea or services other than actual instruction will not be paid. The City will gay 50$ of the cost of tuition in advance of the e�layee's actual particigation in the course an�d the enployee shall pay 50$ of the cost. Upon successful canpletion of the course, an employee will be required to present to his Degartment Head a certification of satisfactory work. Satisfactory work is defined as follaws: 13 a. b. 1yR In courses issuing a letter grade, a C or above is required. In �urses issuing a nLmierical grade, 70$ or above is required. c. In courses not issui.ng a grade, a certification fran the instructor that the student satisfactorily participated in the activities of the course is required. 32.3 If the E�mployee satisfactorily completes the course, he will be reimbursed for the additional 50$ of the tuition cost for which he obligated himself in the approved application. If the enployee fails to satisfactorily complete the course, he will not be reimbursed. 32.4 T'he program will not reimburse the emplayee for the hours he spends in class, only for the tuition. 32.5 Expenses for which the employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 32.6 The City will not pay tuition or other costs for those courses which are used to make the enployee eligible for additional salary. ARTICLE �IXIII PAY FOR Il�IVESTIGAR�RS QR DETDCTIVES F�nployees receiving the one hundred dollars ($1�0.00) per month differential pay shall not be eligible for the overtime provisions of the contract applicable to Police Officers. ARTICGE �Q�CN BM.S CASE N0.85-PN-486 A, ISSUE 8 34.1 The City shall establish a minimum of two months between each shift change in the rotation. « �•� .�; ��a+: 35.1 Any and all prior agreenents, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 35.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREII�I'�, each had the unlimited right and opportunity to make desnarids and proposals with respect to ariy term or condition of enployment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The Ei�IAYER and the i1NI0N each voluntarily and unqualifiedly waives the right to meet anc7 negotiate regarding any and all terms and conditions of atrployment referred to or oovered in this AGREFMENT or with respect to ar�y term or condition of em�loyment not specifically referred to or covered by this A�GRE�, even though such terms or oonditions may not have been within the knawledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 14 .�� « - .. .�� . 11S This A�GREII�]T shall be effective as of January 1, 1987, and shall remain in full force and effective until the thirty-first day of December, 1987. In witness whereof, the parties hereto have executed this AGREEMENT on this 8th day of Decesnber 1987. F�OR CITY OF FRIDLEY William J. Nee, Mayor Nasim M. Qureshi, City Manage_r � � � i • • «a� i;r • : ��• �+• «:r. i , � � � � is REBpLUTIOI�T N0. - 1986 RE90LITPION AITtHORIZING II�1(S,OSI�i IN AN II�YEE SEPARATI�i BII�iF�IT pi�AN FQR Fi�TAYEES OF T8E CITY OF FRIDLEY POLICS DEPAI�IFNr WHEREAS, upon separation from employment with the City of Fridley many employees encounter unforeseen expenses that can cx�mplicate the transition to other gnployment or to retirement status; and WHERF.AS, it is in the interest of the City of Fridley to recognize the service of long-term enployees by assuring then of assistance through this transition period; NUW, �IFREFORE, BE IT RE.90LVID BY ZfIE CITY �(TNCII, OF 7�IE CITY OF F'RIDLEY �IAT effective January 1, 1986, any full-time, authorized employee of the Fridley Police Department hired before that date who Y�s been e�loyed ten (10) years or more as a full-time authorized enployee, upon separation from employment with the City of Fridley shall receive $200.00 for each full year of service up to a maxim�an of $4,000.00 for twenty (20) years or more of service. Time enployed in a tenporary or part-time cagacity shall not be considered in the calculation of this separation benefit. PASSm ArID ADOPTID BY 7�iE CITY QOUNCIL OF ZHE CITY OF FRIDLEY Z4iIS 8th DAY OF December, 1986. WILISAM J. NEE - MAYOR ATI'F.S'T: SHIRLEY A. H�IPALA - CITY CLERR 12 � FOR CONCURRENCE BY THE CITY COUNCIL December 8, 1986 Type of License: �: Approved By: CIGARETTE -- LICENSES Cafe de Fourmies Charyl Gammel James P. Hill 6401 University Ave.N.E. Public Safety Director Fridley, Mn. 55432 SuperAmerica SA Sta. Stores James P. Hill 5667 University Ave.N.E. Public Safety Director Fridley, Mn. 55432 F000 ESTABLISHMENT Cafe de Fourmies Charyl Gammel 6401 University Ave.N.E. Fridley, P1n. 55432 SuperAmer�ica SA Sta. Stores 5667 University Ave.N.E. Fridley, Mn. 55432 OFF SALE BEER Fees: $12.00 $12.00 $45.00 $45.00 SuperAmerica SA Sta. Stores James P. Hill'r $60.00 5667 University Ave.N.E. Public Safety Director Fridley, Mn. 55432 RETAIL GASOLINE SuperAmerica SA Sta. Stores Richard Larson 5667 Univers�ity Ave.N.E. F�ire Inspector Fridley, Mn. 55432 $60.00 r - _ FOR CONCURRENCE BY THE CITY COUNCIL -- IICENSES 7 5 DECEMBER 1, 1986 GAS SERVICES Gilbert rlechanical Contsactors, Inc. 3012 Clintr�n Avenue South Minneapolis, NIld 55408 By: P. Dan Gilbert Viking Heating & Air Cond. Co. 848 Brisbin Street Anoka, NIN 55303 By: Jeffrey Boshea GENERAL COtJTRACTOR Blair Construction 106 South 1�3th Street Pittsburgh, PA 15203 By: Ernie Edson Ed Helseth Construction 844 - 23rd Avenue North South St. Paul, MN 55075 By: Edward Helseth Gary Rasmusson Construction Co. 1945 - 134t1i Avenue N.E. Ham Lake, NID1 55304 By: Gary Rasmusson HEATING Gilbert Dlechanical Contractors Inc. 3012 Clinton Avenue South Minneapolis, MN 55408 By: P. Dan Gilbert Viking Heating & Air Cond. Co. 848 Brisbin Street Anoka, NIl�T 55303 By: .7effrey Boshea � APPROVED BY WILLIAA4 SANDIN Plbg.-Htg. Insp. Same DARREL CLARK Chief Bldg. Ofcl. Same Same 4JILLIAPi SANDIN Plbg.-Htg. Insp. Same FOR CONCURRENCE BY THE CITY COUNCIL -- ESTIMATES ' �E�1�BIIt 8, 1986 Aerrick & Newman, P. A 6401 University Ave. 1� E. FricIley, NN 55432 For Servioes Rendered as City Attorney for the l�bnth of Navenber� 1986 . . . . . . . . . $ 1,650.00 Gtmderson Brothers 2325 SY�ell ing Ave. , S. Minreapolis, M�i SS404 Misoellaneous O�ncrete Ctirb & Gutter - 1986 FIIdAL ESTII�'E . . . . . . . . . . . . . . . . . S l, 202. 83 Short Elliott-Aendrickson 200 Gopher Building 222 East Little Canada Road St. Fgul, MJ 55117 Central Avenue/Aic�way 65 Redesigi �hrtial Estimate . . . . . . . . . . . . . . . . Subterranean Engineering 6875 Hic�way 65, N. E. Minreapolis, M�1 55432 Lake Fbi�e �rporate denter Denolition & Site Grading Project No. 163 Partial Estimate . . . . . . . . . . . . . . . . Enebak Oonstruction Qxnpany P. O. Box 45 8 Abrthf ield, M�T 55057 Lake R�inte Q�rporate aenter Demolition & Site Grading Project No. 163 Estimate No. 3 . . . . . . . . . . . . . . . . . Ernst Associat�es 122 West Sixth Street Chaska, NN 55318 Lake Fbirite �rp�rate Qenter Lanc�caping, Lic�ting, & Irrigation Proj ect No. 168 Estimate No. 6 . . . . . . . . . . . . . . . . . $ 15,403.73 S 1,957.00 $ 147,240.60 $ 313.05 H& S Asphal t, Inc. 1700 Industry Avenue Araka, 1�N 55303 Street bnpravene.nt Project No. ST. 1986 - 1� 2, Phase II Estimate IJo. 1 . . . . . . . . . . . . . . . . . $ 55, 302.26 � • ESTIMATES (continued) Minr�esota Valley Iandscape, Inc. 9700 Bush Lake Road Minneapolis, 1�N 55438 Lake Fbinte �rporate Qenter Lancistapsng, Lic�ting & Irrigation Project No. 168 Estimate No. 1 . . . . . . . . . . . . . . . . . Park Construction 7900 Beech Stteet FricIl�, MJ 55432 I�ke P�inte O�rp�rate Oenter Water & Sanitary Sewer Proj ect No. 162 Estimat�e No. 3 . . . . . . . . . . . . . . . . . � Page 2 1 6 A $ 25,916.00 $ 47,170.98 a -- - - ---- -- ---_ _ . .. - -----� '�"" DIRECTOAATE o . o.• o � O F °o o° PUBLIC WOFiK8 ., �� ;�� CITYOF 1VIEMORANDUM � FRIDLEY T0: John G. Flora, Public Works Director PW86-340 FROM: Ma.rk L. Burch, Asst. Public Works Director DATE: November 26, 1986 SUBJECT: Final Estimate for the 1986 Miscellaneous Concrete Curb and Gutter and Contract We have concluded our miscellaneous concrete work for I986 and axe submitti�g the final estimate for approval to the City Cotmcil for the 1986 Miscellaneous Concrete Curb and Gutter Project. The Contractor, (l�nderson Brothers Cement Co., has performed very satisfactorily and we recor►unend final payment be approved for $1,202.83. MLB/ts � ..�� OF FRILLEY P[JBLIC WORKS DE�RZi�NT ENGINEERING DIVISION 6431 University Avenue N. E. Fridley, Minnesota 554342 Devember 8, 1986 Honorahle Mayor and City Council City of Fridley % Nasi.m M. Qureshi, 6431 University Aven Fridley, NN 55432 Cotuici.l Menbers: Gity Manager ue N. E. CFRTIFIC�iTE OF ENGI� We hereby sutmit the Final Estimate for 1986 Misc. �ncrete Curb and Gutter Project for G�mderson Brothers Cement Co. , Inc. , 2325 Snell ing Ave. , S. , Miru�eapol is, I�I, 55404. We have viewed the work under contract for the construction of City of Fridley 1986 Misc. Concrete C�rb and Gutter Project and find that the same is substantially complete in accordance with the contract documents. I reoommend that final payment be made upon acceptance of the work by your Honora4le Body, and that the one-year wntractual maintenance bond commence on the date listed. Respectfully subnitted, John G. Flora, P. E. PuYal ic Works Di rector Prepar Q12C�C� JT/ts 3/6/4/11 ' i . % % � • .Gf/ / i_ _/- _ -�.- 16C City of Fridley 1986 MISC�L�ANDC7US aDNQtE'TE QIIS Ai�ID GUTiER PRQ7DCT CE�i'IFICATE OF �IE OONI'RAC'tOR �iis is to oertify that itens of the work shawn in the statement of work certified herein have been actually furnished and done for the above mentior�d projects in acoorc3anoe with the plans and specifications heretofore approved. �e final o�ntract oost is $24,056.60 and the final payment of $1,202.83 for the impravenent project would caver in full, the contractor's claims against the City for all labor, materials and other work done by the oontractor �mder this project. I declare �mder the penalties of perjury that this statement is just and correct. r �, • •' : •• �. �•.. e+. i� �� / / ;� _ i i�__. Contractor Repres�ntative (Title) JT/ts 3/6/4/9 16D 16E Decesnber 8, 1986 Zb : Puk�l ic Works Di rector City of Fridley REPORT ON FINAL IKSPF)CTION �0R CITY OF FRIDLEY 1986 MISC. QON(�2ETE CURB. C�TPTIIt Al� SIDE�1l1i� PRAT�CT We, the undersic�ed, have inspected the above mentioned proj ect and f ind that the work required b� the wntract is substantially complete in conformity with the glans and specifications of the project. All cseficiencies have been oorrected by the oontractor. Also, the work for which the City feels the �ntractor should receive a reduced price has been agreed upon ty the c�ontractor. So, therefore, we reoomanend to you that the City apprave the attached FINAL ESTINgiTE for the wntractor and the ane-year maintenance bond, starting f ran the day of the f ir�a]. inspection that being NOVE�BIIt 27 • 1986- r� on �hanpson, Co ` uction Inspector ; /% f . I /,r.._,.X Contractor Represfentative, (Title) JT/ts 3/6/4/10 r■ � EST;NaTE MDRKSHEET FUR: 1486 MISCELLANEDUS CONCRETE CURB, 6UTTER AND 51DEMALK PROdECT SITY DF FRIDLEY EN6INEERIN6 4EPARTMENT b431 UNIUEkS1TY RVENUE N.E. FRIOIEY, MN. 55432 &I1�iDERSDN BROTHERS CE�IENT CQ. , INC. 2325 SNELLIN6 AVENI� SOUTH MINNEAPOLIS, MINNE50TA 55404 ESTIMATE N0. 7 (FINALf DATE: December 8,. 1986 ------------------------------------------------------------------------------ CDNTRACT ITEM STREET MATER SEMER OTHER ESCRUM t181 i408 l438 PED. RPS. 1596 FT FT FT FT FT f S 3 3 f ------------------------------------------------------------------------------ 1. keacve and keplace Conc 576.00 90.00 130.00 379.00 632.00 Curh � 6utter f5,184.00 f810.00 f1,170.00 f3�411.00 f5,b88.00 2. keaove and Replace Conc O.QO O.UO 0.00 0.00 36.00 C�rh !� 6utter Iless tha i0.00 f0.00 f0.00 fO.Oti f432.00 lineal feetl 3. Resove and Replace Conc O.GO 0.00 0.00 0.04 0.00 Curb � Gutter Nith 3 ft 50.00 f0.00 i4.00 t0.00 f0.00 Concrete Apron f6' thickl 4. kesove and Replace Conc 0.04 0.00 O.OQ 0.00 0.00 Curb k 6utter with 3 ft #0.00 f0.00 f0.00 3Q.00 f0.00 Concrete Apron (b' thick) ' iless than 85 lineal feetl 5. Ccnstruct 5 ft wide l4' l710.00 737.00 384.00 16�5.00 0.00 thickl SideMalk f2,736.�0 i1,179.20 fb14.40 f2,632.00 f0.00 ---------------------------- OTNER TOTAL FT F1 f t ---------------------------- 0.00 1807.00 50.00 f16,263.00 0.00 3b.00 SU.00 f43T.00 0. 40 0. 00 so. oo so. o0 0.00 0.00 f0.00 f0.00 125.00 4b01.00 fZ04.00 f7,361.60 --------------------------- -------------------------------------------------------------------------- TOTAL f1,410.00 31,989.20 f1,784.40 f6,0�3.00 56,120.00 3200.00 f24,056.60 ------------------------------------------------------------------------------------------------------ THE F�LLDYIN6 Ai�Ot1NT5 ARE TO 8E CHAR6ED TO EACH ACCOUNT FOR THIS ESTIMATE: 5treet (101-Ob-b35-�2400-63511 f0.00 Mater (bU1-73-000-414001 :p,dp 5erer 1602-18-000-42400) 50.00 Park (lOt-05-635-421001 50.00 EscroM t501-00-000-42400) f1,202.83 Other f0.00 Dthe� (Cur6 Openings) (101-06-635-42400-63531 f0.00 -------------------------------------------------------- TOiAI f1,202.83 16F CITY Of FRIDtEY EN6INEERIN6 DEPARTMENT b431 �NIVERSITY AVEN�E M.E. FRIDLEY, MN. 55432 To: HCN�RABLE MAYOR and CITY COUNCIL ESTIMATE N0. 7lFINAI) CI?Y DF FRIOLEY 6431 L'NIVERSITY AVENUE N.E. UATE:December 8, 1986 FRIGLEY, M1NNE5UTA 55432 FQR: 6UNDER50N SROTHEkS CEMENT CONTRACTORS, tNC. 2325 SNELLIM6 AVElq1E SOUTH PROJECT: t486 MISCELIANECUS CONCRETE MINNEAPOLIS, MINNESOTA 55404 � CURB, 5UTTER & SIDEMALK 121-6119 ---------------------------------------------------------------------------------------------------------- CONTRRCT ITEM ESTIMAtEa UNIT UNIT 9UANTITY TOTAL rara� AL'ANTITY PRICE THIS 9UANTITY AMOUNT E5TIMATE ------------------------------------------------------------------------------------------------------------ 1. F:eoove and Replace Concrete Curh L 6utter 2. Remove and Repiace Concrete Curb h 6utter lless than 85 lineal feetl 3. keoove and Replace Concrete Curb tc 6utter rith 3 4t wide Concrete Apron (b' thick) 4. Ke�ove and Repiace Concrete Curh & 6utter rith 3 ft Mide Concrete Apron (b' thick? ��E55 than 85 tineal feetl 5. Corstruct 5 ft Mide i4' thick) SideNalk ----------------------- TOTAL C�MPLETED TO OATE 39.00 Lin. Ft. 0.00 1807.00 f1b,263.00 312.00 Lin. f�. 0.�0 36.00 f432.0� f14.00 Lin. ft. O.OU 0.00 50.�0 fl5.00 Lin. Ft. 0.00 0.00 30.00 f�.60 Sq. Ft. 0.00 4,601.00 f7,361.b0 f24,056.b� � 16G ESTI"�TE 5UMMARY: Criginal Ccntract A�ount Car�tract Additione - Change Order No. 1 Contract Oeductions - Change Order No.____ Revised Contract Aeount Value �ovpieted to Oate A�ourt ketained iUxl Aaount Paid To Oate AMOUaT dUE TNIS ESTIMATE CERTIFICATE �F THE CONTRACTOR f24,050.00 30.00 f0.00 324,050.00 t24,056.60 #0.00 t22,853.17 f1,2U2.B3 I hereby certify that the rork perforaed and the ��terial5 5upplied ta date under terAS of the cont�act for the referenced project, and ill iuthorized changes thereto, have an actual value under e contrut of the a�ounts sho� on thi5 esti�ate land the final antities of the final esti ute are correct), and that this esti�ate is ju5t and orrect and par of the 'AMOUNT DUE THIS ESTIMAIE' has been recieved. B � � -----_ 1 Al q I� Y--- ------------------- --------------------------- D�te---1-� ---`---- Co tractor's Authori d Representative tTitle? CERTI�I�ATE Of THE EN6INEER I here6y certify that I have prepared or exa�ined this esti�ate, ind that the contractor is entitled to payoent of this estiute under the contract for referenced project. CITY OF FRIOLEY, INSPECTOR �y------- --Q'--'--- -------- - Uate__ �_!��b Che� ed: BY-„��![�'��l��l� - ----- Respectfully Su6�itted, Br--- - -- -------- 6. flor�, P.E. Public Morks Oirector 1sH R � 0 cinroF FRJDLEY PLANNING DIVISION MEMOR,ANDUM t�IO To: rtasim Qureshi, city Manager N�MO FRCM: Jim Robinson, Planning Coordinator�. MEMO nATE: Deaember 8, 1986 RDGARDIl�IG: Church on the Mave On Ncyvenber 17, 1986 the City Council tenatively approved a special use permit for Qlurch on the Mave to tise the Gardena School c�nriasiun for church servives. Fifteen stipulations were imposed with the permit including the provision of a lease arrangement for use of the Totino Grac� parking • facility. On Nw�nber 19, 1986 the Zbtino Grave Board of Directors voted to . deny Church on the Move's request to use their parking. This action nullified the special �e pennit. Fornial deniai of the special use permit, SP #86-16, wail.d be an appropriate action for Cou�cil at the�Devember 8, 1986 meeting. If Couulcil agrees this would need to be added to the agenda at the meeting. Church on the Move is naw prop�sing a new plan which includes 120 parking stalls on their awn lot, to the north and west of their building. Due to the new issues which arise with on-site oonstruction the staff and City Attorney o�ncur that a new special use permit prooess should be adhered to. I have informed Mr. Anderson of our reoo�enendation and he is willing to abide. Aaaever, Mr. Anderson will be preser�t at the open for�an on December 8, 1986 to request that Cotmcil waive the $200 application fee. Tt�e proposed sc�hedule for the new apglication would include a public hearing at the Planning Commission on January 7, 1987 and g City Council review on January 26, 1987. Attac�ed please find the new application and site plan which were reoeived on December 8, 1986. JLR/cim M-86 317 � . . . _ _ -,�.,- -- -- - i � CITY OF FRIDLEY . ,,., .:;-� ,�,z ;: 3 � ..:; ��.; :F,.. �" •' .. °�, ; �, 6431 UNIVERSITY AVE. N.E. • . � FRIDLEY� MN 654sz SPECIAL USE PERMIT SP # (612)5T1-3450 . ' ' . � . - , �, �;, 0 SPECIAL USE P£RMIT FEE RDCEIFT # 9Q�ifT�JI�ID PLANNII� 4�N'�,I.SSmN N'�.'TIl� L1ATE: 9�IDULID CITY Q�UNCIL NEETIl�]G L1ATE: PROPERTY INFORMATION PftO��t AD�zESS 1401 Gardena LF�AL DES�2IPrI0N: r nrr � 'Il;,*,^,.,['�DITmN �a�:� za��a� t��E SPEC� USE PERh{.IT BEIlaG AP�LIED FUR: Parki nq Lot � GG�,r,wc �<<.�t tr� eS l�riln r i�� -�l ��'i n � � � y�,v�,s, k►�n SECT IOIJ OF TH E mDE : * * * �r * * * * * * * * * * * * * � * * * � �t * � * * * * * �r * * * * � * * * * * * OWNER INFORMATION �� Church on the Move.International _PHONE # �aa_n�aQ ,�p��g 4213 Webber Park lis MN 55412 SIGIvAZURE �, � �� /[�% L1ATE 12-05-86 * * * * * * * * * * � * * * � * * * � * � * * � * * * � * * * � * � * * � � * * � * PETITIONER INFORMATION �� Church on t�e_Move; Internationa}_� _� :: _. pHa1E # 588-0548 _ �� 4213 Webber Parkway Min�apolis MN 55412 SIGNF,7URE%��lf � CY-� �/� L1ATE � t� A� * * * * * * * * * � � * : � �r : : : � * * * * � * * * * * * � * * t ,� � * � * � � * x�rmnac oor��.ss�1: �Pxwm �v� n�� cs�t aovtac� : �Ato�ID n��n nA� STIFULATIDNS: _..._- - j�-- w __ �` ' �l�_' � - ---: --- _ i _ __ . . : . -� , � � � � � 4 I L I � � � — --� — — �.- � � � . � ,� � �- ; ; , � �� ' . 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',� �� , , � 1-' �. � ' � ,, � . ; ', - � --- � . ; • ; , , I, �' .' _ - �il,i� � � � : , i / � � � ''- z '� �� :� � � � � ' • . - - --�`— - - - i� I i' : �� -- -- al I ' l i � . _ � ' ' I `\ � � ! i` i I , i--'� L ' • i' i� '--- _ i . _�� _ � �� ''' � �' I + � ``` , 1� � 1 f, � .... 1 � � —_� •, i1 � � / � 1 7 � / '� t j I � � ' � 11 � _'"' �� 1 � r,,/� (�- --. . i yi � , / / ' � _ "' __— ...i �.- . ��i ,'� � � � I ''/' r � � ,' I *, 'I� ��} �� ,.. 4 `--- � �� --- � �� . i ,, "�,, .a; = _� �. �� 3�� .i � `. —. . �,�� , j/ _ ,, _ . „ �—___----- — , ,, �� , �� , �. 3,� � .%� _— — — I � '``\ ' ! , ' � II;= a � ` � --�� I _ �`` �� - �i• -� : !� J• j 1 � i a � .► : ►- ; � � � �� S � i � v{ 0 � ' � � � !'l� i�� SP �86-16 STIFULATI�ONS (�IDED BY P. C 10/8/86) l. ALL FJ�S TING HARL�URFACE ARFAS � BE IIKPROVID W I7ii SFAL4�ATII�, GU FiB AND � GUTIER AI�ID S�RIPII�; I� nATE T� BE R�.VIFWID AND SET IN CNE YF�AR- 2. AN APPRWID DIJNiPS�R FNQ,06URE � BE INS7ALLID BY Ll,/30/86. 3. RII'2JVE OR RF�P►IR IE`�2IfJRATIPXa PLAYGI%�1�ID �UIPI�IT BY 11,/30/86. 4. Q�P'�INE INDIVIDUAL LO'I5 INR� ONE TAX DARCQ.- AS REQUESTED BY CITY ASSFS.SOR PRIOR TO FII�IAL APP�ZOVAL. (BUILII�BLE LO'L5 ABUTTING HILLQtFST AND OAI�nI00D [�1NOR 1�1Y BE E�MPTF�D. ADDED 10/15/86) . 5. F'ROV7IE �R, AND RE�RD AT ANORA QOUNTY, A PARKING USE EASEMENT WIZ�i ZOTIl�GRACE HIGH, FOR USE OF �T'II30' S HARRING IAT (OFF GARDENA AVENUE) • ON SUNAAYS FOR A I�iINIMUM OF ONE YEAR, PRIOR TO �MMENCING CHURCH ACTIVIT� AND WRITI�Id APPROVAL I�R A SPEQAL USE F�ERMIT FROM �3E QTY. 6. SPEQAL USE PERMIT �$6-16, F(?R QiURC�i USES, IS TO BE �TERMINOUS IN I�RAT7DN WI�I Pf�RKII�, USE AGREEMENT; EXCEPT WHERE INS7�ILLATION OF NEW PARKING CN—SITE WQJLD SUFFICE. 7. SF£QAL USE PERMIT #86-16 IS LSSUID EOR �iE 11SE OF �iE EXISTING G�1�►S1UM FDR Q3UR�i SIIZVICES CN SU1�Y5 FUR �IURC�i CN 'iHE NWE CI�4,Y. 8. SPECIAL USE �ERMIT #86-16 DOES N(7T QO�VER ANY NIInT �NS�tUCTION FOR ANY BUILDII�G �t H�VIl+1G �PANSION. 9. A$5,000 B(7ND TO (bVER ITEMS 1-4 TO BE ISSUED TO THE CITY BEFORE Q�HQ�]QNG Q�iUR�i ACTIVITIFS OR FINAL WRITTEN APPRCNAL FOR SPECIAL USE PERMIT BY CITY. 10. SPECIAL USE PERMIT �86-15 7D BE R�VIIIr�IID PRIOR '!D EXPIRATION OF PARKING AGRF�]T OR IN ONE YF�AR. WHI�iEVER �I�S FIRS� 11. Pi2��UGRA�D ACI'IVITIES WILL 1�T EXCEED PARRING SUPPLIED ON SITE AND AT 'IOTINO-GRACE HIGH� WHII�] AVAII�ABLE. 12. A RECREATION EASEMENT, ALONG WI7�1 APPROPIRATE ACCESS EASEMENTS AS DEZEE2MINID BY mt3NQI�, IN FAVOR OF �IE QTY OF FRILLEY ZO BE RE�RDED AT ANG� OJUNTY PRIOR ��MMENCING (HURC�i ACTNITIES OR FINAL WRIZTEN • APPI2��AL Ft�R SPEQAL USE PERMIT BY �iE QTY. �„s � 13. HtUJIL1E A G�+QIFLSIUN�lQiURQi SFATING DIAGRAM R�R FIRE LEPT. APAiOVAL► PRIlOR ZO 4�1�'Il�g'NQNG QiURQi ACTIVITIFS. - 14. APPAWAL OF SPE(;�AI� USE PF.RMIT #86 16 �N'1�1GiII�lTT UFON FEE TI�+E BY FAIRii AQ�F.N1Y OR �iURQi CN ZiiE M7VE. 15. Pf�fJVIDE IItAINAGE FASII�175 AS TETII2MINID BY PIJBLIC WOI�S DEPAR�IT PR7DR ZU �I�II1QI� �iUR�i AGTIVITIFS OR FINAi. WRIT�1 API�VAL I�R SPEQAL USE PERI+BT BY QTY , �.,.� � C�N�F FRIDLEY �J: �� II�,TE: pIqECTORATE OR PUHLiC WORKS 1VIEMOAANDUM Nasim Quresi�i, City Manager . r John G. Flora, �Director o� Puhlic Works Dea�mber 1, 1986 SUBJD(�: Meadowlands P�rk i �t Aa86 342 On Ftiebruary 25, 1985, �e Council passed Resolution Na 12-1985 authorizing the study for improving Meadowlands Park. Request for proposals were • mailed and the firn� of �A was retained for $14,000.00 to complete the study. . On June 25, 2985, 7icAA su6�nitted their report and identif ied� three alternatives ranging fran $240,000 to $330,000 for aonstructing a pond and various drainage systens on the park property. During subsequent meetings on this iten, Mr. Jeff Gustafson at 6558 Oakley Drive had indicated that he had discussions with a TRDA and identified an alternative of approximately $135,000 was possihle for a p�nd and drainage systen. I have contacted Mr. Ron Ley, the Project Manager fram TKL1A regarding this alternative. Neither he or any of his staff renenbers a discussion for a c�eaper alternative. Zb date, $13,658.44 hacve been expended with TKL�A on the study. If it is desired, we aould negotiate a price for an additinal stuay cieal ing specif ically with the hic� water level in Meadowlands F�rk. At the neic�borhood meeting of Novesnber 10, 1986. most of the ooncerns identif ied aealt with the grotaid water in the backyards and water in the basements of t3�e adjoining properties. It is my belief that unless an extensive cirainage systen and pond are �nstructed within Meaaawlands Park, we will not be ahle to materially affect the ground water issue on the adjoining private properties, and in order to do so would result in an expensive project. If it is the Council's p�sition t�o obtain a neic�borhood participation in a project, based up�n the straw wte ob�tained at the neighborhood meeting. tiie neic�b�rhood is not in favor o� t�is �urse a� action. 71�erefore, if we should prooeed with reanalyzing the 1�leeadowlands Park area, we should also address the City's f�nding of tfiis project. Request guidanae on i�ow we should proaeed. JcF/ts ��j �tiN. /l�l�, Gt � Gu//� Gf L �}'C �Lv h I L / � /�--�