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01/23/1989 - 5377RIGK PRIBYL ° FINANCE DIRECTOR COUNCIL MEETING JANUARY 23, 1989 I • '. fWDL�EY FR�LEY CITY COUNG� JANUARY 23, 1989 - 7:30 P.M. pc_cc ;.� The followinq are the ��ACTIONB TAKEN�� by the administration for your information. � PLEDGE OF ALLEGIANCE: APPROVAI, OF MINUTEB: Council Meeting, January 9, 1989 Approved as presented. ADOPTION OF AGENDA: Adopted as presented. OPEN FORUM, VISITORS• (Consideration of items not on agenda - 15 minutes) � No response under this item of business. OLD BUSINESS: Consideration of Second Reading of an Ordinance Approving the Amendment of the Fridley City Charter, Sections 2.03 (Elective Officers), 4.02 (Regular Municipal Elections) and 4.03 (Primary Elections) . . . . . . . . . . . . . . . . . . . 1 - 1 A Ordinance No. 919 adopted. CITY CLERK--ACTION TAKEN: Proceeded with publication. CITY MANAGER'S OFFICE--ACTION TAKEN: Advised Charter•Commission of Council's action. 1 i � Council Meetinq, January 23, 1989 Paqe 2 � • • NEW BUSINESB: Consideration of Resolution to Enter into a Contract with a Substitute Construction Manager for the Fridley Municipal Center. .... 2 Adopted Resolution No. 7-1989 entering into a contract with Kraus- Anderson. CITY MANAGER'S OFFICE--ACTION TAKEN: Proceeded as authorized. Have submitted update on Civic Center construction project in the next City Manager's report to the City Council. Receiving the Planning Commission Meeting Minutes of January 11, 1989 . . . . . . . . . . . 3 - 3 XX A. Consideration of a Special Use Permit, SP #88-17, to Allow a Church in a R-1, Single Family Dwelling District on Lots 1, 2, 3, 4, 5, 6, 17 and 33, Meloland Gardens, Generally Located at 1401 Gardena Avenue N.E., by Islamic Center of Minnesota Planninq Commission Recommendation: Approval with Stipulations City Council Approval: Consideration of Recommendation Approved special use permit with seven stipulations. COMMUNITY DEVELOPMENT DEPARTMENT--ACTION TAKEN: Notified petitioner of Council approval with stipulations. Consideration of Approving a Final Plat, P.S. #88-02, North Company Business Park, Being a Replat of Tracts A and B, Registered Land Survey No. 6, and Tract B, Reqistered Land Survey No. 78, Generally Located at 500 73rd Avenue N.E., by Fridley Business Center Partnership . . . . . . . . . . . . . . . . . . . 4 - 4 Z Approved final plat by motion with amended stipulations. COMMUNITY DEVELOPMENT DEPARTMENT--ACTION TAKEN: Resolution approving final plat will be submitted when storm drainage plan and the development agreement are submitted. � � Council Meetinq, January 23, 1989 NEW BUSINESS (CONTINIIED): Paqe 3 � Consideration of Setting a Public Hearing on a Rezoning, ZOA #88-04, Community Development Corporation, for February 13, 1989 . . . . . . . . . . . . . . . . . . . . 5 - 5 A � � Public Hearing set for February 13, 1989. COMMUNITY DEVELOPMENT DEPARTMENT--ACTION TAKEN: Public hearing is set for February 13, 1989. Consideration of Setting a Public Hearing on CDBG Programs for February 13, 1989 ..... 6- 6 E Public Hearing set for February 13, 1989. CO__MMUNITY DEVELOPMENT DEPARTMENT--ACTION TAKEN: Public hearing is set for February 13, 1989. Consideration of Setting a Public Hearing on Yard Waste Ordinance Amendment for February 13 , 1989 . . . . . . . . . . . . . . . . 7 - 7 G Public Hearing set for February 13, 1989. COMMUNITY DEVELOPMENT DEPARTMENT--ACTION TAKEN: Public hearing is set for February 13, 1989. Obtain information on direction other cities are proc�eding. Councilman Billings felt a letter should be sent to refuse haulers advising them it appears the Council may favor yard waste collection in the summer months. Consideration of Approval of Heather Oaks Plat Certificate of Correction; Lots 1 and 2, Block 1, Heather Oaks . . . . . . . . . . 8 - 8 D Approved the Certificate of Correction. COMMUNITY DEVELOPMENT DEPARTMENT--ACTION TAKEN: Proceeding as authorized. Receiving Bids and Awarding the Contract for Repair and Maintenance of Wells No. 6, No . 8 and No . 11 Proj ect No . 18 6....... 9- 9 C Received bids and awarded the contract to the low bidders, Layne Minnesota for Wells No. 6 and 8 and to Traut Wells for Well No. li. PUBLIC WORKS DEPARTMENT--ACTION TAKEN: Proceeded as authorized. � ' Council Meetinq, January 23, 1989 NEW BU3INE88 (CONTINUED): Paqe 4 � Receiving Bids and Awarding the Contract for Water Distribution System Study ....... ZO - 10 B Received bids and awarded contract to Howard Needles Tammen & Bergendoff for an amount not to exceed $22.970.00. PUBLIC WORKS DEPARTMENT--ACTION TAKEN: Proceeded as authorized. Consideration of a Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Street Improvement Project No. ST. 1989 - 10 (Sealcoat) . . . . . . . . . . . . . . . . . . . 11 - 11 B Adopted Resolution No. 8-1989. PUBLIC WORKS DEPARTMENT--ACTION TAKEN: Proceeded as authorized. i� LJ Consideration of a Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Lake Pointe Development Maintenance Project No. 187 . . . . . . . . . . . . . . . . . . . . . 12 - 12 A Adopted Resolution No. 9-1989. PUBLIC WORKS DEPARTMENT--ACTION TAKEN: Proceeded as authorized. Consideration of a Resolution Reordering Advertisement for Bids: Removal and Replacement of Miscellaneous Concrete, Curb, Gutter, and Sidewalk - 1989 . . . . . . . . 13 - 13 A Adopted Resolution No. 10-1989. PUBLIC WORKS DEPARTMENT--ACTION TAKEN: Proceeded as authorized. . � Council Meetinq, January 23, 1989 Paqe 5 NEW BUSINESS (CONTINOED): � Consideration of a Resolution Ordering Preliminary Plans Specifications and Estimates of the Costs Thereof: Street Improvement Project No. ST. 1989 - 2 (Addendum No . 1) . . . . . . . . . . . . . . . . 14 - 14 B • � Adopted Resolution No. 11-1989. PUBLIC WORKS DEPARTMENT--ACTION TAKEN: Proceeded as authorized. Consideration of a Resolution Receiving the Preliminary Report and Calling for a Public Hearing for February 13, 1989, on the Matter of the Construction of Certain Improvements: Street Improvement Project No. ST. 1989 - 2, Addendum No. 1 (Commerce Lane - 73rd Avenue to Osborne Road ) . . . . . . . . . . . . . . . . . . . . . . 15 - 15 A Adopted Resolution No. 12-1989. PUBLIC WORKS DEPARTMENT--ACTION TAKEN: Proceeded as authorized, set public hearing for February 13, 1989. 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 Department for the Year 1989 . . . . . . . . . . . . . . . . . . 16 - 16 S Adopted Resolution No. 13-1989. POLICE DEPARTMENT--ACTION TAKEN: Agreement executed and distributed. Consideration of Appointments to City Cammissions . . . . . . . . . . . . . . . . . . . 17 - 17 A Tabled. CITY MANAGER'S OFFICE--ACTION TAKEN: Have tabled item to March 20 meeting . � Council Meetinq, January 23, 1989 Page 6 NEW BUSINESS (CONTINIIED): � Claims . . . . . . . . . . . . . . . . . . . . . 18 Approved. CENTRAL SERVICES--ACTION TAKEN: Paid Claims. Licenses . . . . . . . . . . . . . . . . . . . . 19 - 19 A Approved. CENTRAL SERVICES--ACTION TAKEN: Issued Licenses. Estimates . . . . . . . . . . . . . . . . . . . . 20 - 20 B � Approved. CENTRAL SERVICES--ACTION TAKEN: Paid Estimates. Adj ourn : 9:15 p.m. � THE MINtTT88 OF T8E FRIDLSY CITY COIINCIL M�l3TINQr OF JANIIARY 9, 1989 TR8 MINIIT$S OF TH$ REGIILAR MBBTING OF TH$ FRIDL$Y CITY COIINCIL OF JANUARY 9. 1989 The Regular Meeting of the Fridley City Council was called to order at 7:44 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, DECEMBER 19, 1988: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIAL: DENNIS L. SCHNEIDER, COUNCILMAN WARD II: Mr. Virgil Herrick, City Attorney, administered the Oath of Office to Dennis L. Schneider, Councilman Ward II. Councilman Schneider stated this begins his 13th year as a member of the Council. He stated the progress made over the years is the result of the Council, City Management, and staff workinq as a team to proceed forward in what they believe is best for the City. Mayor Nee and the Council members extended their congratulations to Councilman Schneider on his re-election to the Council. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9 1989 PAGE 2 PUBLIC HEARING• 1. PUBLIC HEARING ON A FINAL PLAT. P.S. #88-02, NORTHCO CORPORATION BY FRIDLEY BUSINESS CENTER PARTNERSHIP: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:49 p.m. Ms. Dacy, Planning Coordinator, stated this plat is for a parcel of property located between 73rd and 71st Avenues, east of University Avenue. She stated the parcel is zoned heavy industrial and the petitioner is proposing to subdivide the parcel into 11 lots. Ms. Dacy stated there was concern at the Planning Commission meeting regarding the visual impact. She stated a 100 foot setback is required abutting 73rd Avenue, as well as a 20 foot parking setback for berming and landscaping. Ms. Dacy stated a traffic study has been completed for this site and the traffic consultant may wish to comment. Ms. Dacy stated the Planning Commission has recommended approval of the plat with eight stipulations. She stated staff has met with the petitioner and has resolved stipulations No. 7 and 8 pertaining to adequate right-of-way at the intersections and driveway access at the curve of the proposed street. Mr. A1 Quam, 399 73rd Avenue, stated his concern was mainly in regard to the visual impact for residents in Melody Manor. He felt an eight foot berm with natural plantings along 73rd Avenue could reduce the visual impact. He did not feel a three or a four foot berm would be effective. Mr. Quam felt additional plantings in the median would be beneficial, however, it may have some traffic implications. Councilwoman Jorgenson felt total screening could not be provided as the buildings will need to be visible from 73rd Avenue. She stated she understands the reason for fronting the buildings on 73rd is to provide a larger setback. Councilwoman Jorgenson stated she does, however, understand Mr. Quam's concern. Mr. Quam stated there is already an existing berm near the service road and felt it could be extended at minimal expense. Mr. Bruce Carlson, representing Northco Corporation, stated Northco is headquartered in Minneapolis specializing in the development of offices and office/warehouse projects in the metropolitan area. He stated Northco has had considerable experience with the type of FRIDLEY CITY COUNCIL MEETING OF JANUARY 9 1989 PAGE 3 development they are proposing for this site. Mr. Carlson stated they try to be a good citizen in the communities where they are located and have met with Mr. Quam and residents in the area. He stated they are not requesting any rezoning or special use permits. Mr. Carlson stated their architect, marketing representative, and traffic consultant are here this evening to answer any questions. Mr. Tom Gerster, KKE Architects, stated they have worked with Northco Corporation, the City staff, and residents to address concerns regarding this proposed development. He stated there is a significant amount of vegetation and trees throughout this site. Mr. Gerster stated by providing an internal roadway, it allows them to preserve some of the existing trees. He stated the internal roadway also provides a front door to all sites in the project. He stated one access is being requested off 73rd. Mr. Gerster stated one of the concerns that has been addressed is the issue of screening along ?3rd Avenue. He stated they do need visibility to the site. Iie stated they will maintain a 100 foot setback and provide a 15 foot bikeway/walkway easement. He stated with the right-of-way and setback requirements, the closest a residence could possibly be from the proposed building would be 255 feet. Mr. Gerster stated they would propose a three to four foot berm with landscaping spread along the top of the berm and not provide a total screen, but simply break the line of view. He stated the typical building would be 18 feet in height and similar in height to the pitch of the roofs of neighboring residences. Mr. Gerster stated they voluntarily submitted architectural guidelines as part of this plat to try and set a precedent for the development of this site. He stated they have proposed an entry monument sign along the University Avenue frontage road. He stated he recognizes they will have to submit guidelines for tree preservation. Mr. Dave Koski, Barton-Aschman Associates, stated his firm conducted the traffic study for this proposed development. He stated this development, as proposed, is probably the lowest traffic generator for this site. He stated if you compare this development with what Cub Foods had proposed, this proposal would generate only 10� of the traffic that Cub Foods would have generated. Mr. Koski stated about 40� of the traffic would be com�g from the north, 40$ from the south and 20� from the east. He stated the development would have no significant impact on the traffic, particularly at 73rd and University Avenues. He stated they do not see the traffic on 71st being a problem. Mr. Burns, City Manager, asked if they have a proposed timetable FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 1989 PAGE 4 for developing the entire site. Mr. Carlson stated they hope, if the plat approval process is completed in the next month, to commence their marketing efforts and complete�the project in three to four years. He stated Carter Day possibly has some need now for additional space. Councilwoman Jorgenson asked when construction would begin on the first building. Mr. Carlson stated he does not have the actual design for the buildings, but felt within the next year there would be groundbreaking for the building. Mayor Nee asked if the designs of the buildings have been submitted. Ms. Dacy stated they have been submitted to staff. She stated staff did not have any concerns and the design and construction of the buildings would be made a part of the development contract. Mr. Quam stated the parking lot could be within 20 feet of 73rd Avenue. Ms. Dacy stated the setback for the parking is 20 feet from the property line. She stated the building setback would be 100 feet so there could be 80 feet of parking between the setback and the building. Councilman Billings asked if the buildings would be limited to one story or if they could be higher. Mr. Carlson stated he believed the City's Zoning code permits higher buildings. He stated their design criteria addresses the exterior materials and quality of the materials, but does not specifically address the height. He stated they have not placed any limits on height in their design criteria. Councilman Billings stated he wanted to make sure everyone realizes that the buildings could possibly be higher than one story. Ms. Dacy stated when each individual lot owner comes in with their building plan, they will have to submit a landscaping plan. Councilman Billings asked how the City is assured that the berming will be constructed. Ms. Dacy stated the development contract can be written to include berming along 73rd Avenue, if the Council so desires. Councilman Billings asked the petitioner the maximum height of berm they felt is acceptable to make this project viable. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9 1989 PAGE 5 Mr. Gerster stated if they were to stay within the setback and allow for the bikeway/walkway, it would leave 14 feet. He stated a three to four foot berm would be the absolute maximum in order to provide the proper maintenance. Mr. Gerster stated he felt the intent was to work with berming and landscaping to provide a visual break of the buildings. He felt they would not wish to commit to an exact height and would like the flexibility to review it on an individual basis as the lots develop. Mr. Carlson stated the landscaping will be more than just a strip around the edge of the parcel. He stated they will present an entire landscaping scheme. Councilman Schneider asked if Northco would develop the property or sell it to someone else to develop. Mr. Carlson stated some would be developed by them and some will be sold. He stated if they were to make some arbitrary statement on the height of a berm, he did not know what this would accomplish as far as the overall design of the site. He stated the visibility of the project will be there and they would design and landscape the site so it is compatible with the neighborhood. He stated he respects Mr. Quam's concerns and they are concerned also about the residents. Ms. Dacy stated rather than specifying the berming, a plan could be developed for the two lots along 73rd Avenue and submitted before the building permits are issued for these lots. She stated it would give the developer an opportunity to submit some plans and this could become a condition of the plat. Mr. Herrick, City Attorney, stated whatever agreement is reached with the developer, this could be made enforceable against present and future owners. Mr. Gerster stated the preference would be for more general language as the Council does have a review of each individual lot as it is developed. Mayor Nee asked if the developer would be willing to specify a larger landscaping area than presently provided. He stated the setback would be the same, the question is-how much they would commit to landscaping area. Mr. Gerster stated they are trying to achieve flexibility, however, it would be his opinion that the maximum height of a berm would be four feet in many locations. Mr. Carlson stated their goal would be to live within the setback requirements set forth in the ordinance and come in on a lot by lot basis with their landscaping plan. �'RIDLEY CITY COUNCIL MEETING OF JANUARY 9. 1989 PAGE 6 Mayor Nee stated he felt more space is needed to do a good landscaping job. He stated since the land is available, he would like for the developer to commit space for this purpose. Mr. Quam stated he is concerned with multi-story buildings. He stated this was the first time he has heard that buildings could be higher than one story. He felt this development should be done in the spirit of the Carter Day development and try to accommodate the neighborhood to reduce the visual impact. Councilman Billings stated in regard to Stipulation No. 6, "Block 2'�, should be added after Lots 5, 6 and 7. Councilman Billings stated he also wanted to make sure the developer is aware that 71st Avenue may have to be upgraded because of additional trafffic and if this is necessary, assessments to the developer would be forthcoming. Mr. Carlson stated he has discussed the possible upgrading of 71st Avenue with the City staff and that this may be necessary in the future based on the use of the four lots with access to 71st. Mr. Flora, Public Works Director, stated based on the truck traffic, it may be necessary to upgrade 71st and if this is the case, the costs would be assessed to the developer. Mayor Nee questioned the type of buildings that would be constructed in this development. Mr. Jim Benson, Benson, Malkerson & Bradbury, stated these buildings may be similar to the Winfield deveZopment. He stated they would have more glass and attention to landscaping. He stated quality building materials would be used. Mr. Benson stated the code allows for multi-story buildings, but those are usually commercial in nature and would require a special use permit in this zoning district. He stated these buildings will be mostly single story industrial buildings, and the lots facing 73rd Avenue are the most expensive which indicate a higher class building. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:59 p.m. NEW BUSINESS• . 2.._ CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING THE AMENDMENT OF THE FRIDLEY CITY CHARTER, SECTIONS 2.031ELECTIVE OFFICERS L, 4.02 (REGULAR MUNICIPAL ELECTIONS) AND 4.03 �PRIMARY ELECTIONS) (TABLED 7/11/88): Mr. Hunt, Assistant to the City Manager, stated this item was FRIDLEY CITY COUNCIL MEETING OF JANUARY 9 1989 PAGE 7 considered by the Council on July il and tabled to no later than this first meeting in January. He stated Mary Boedigheimer, President of the League of Women Voters and Ed Hamernik, Vice- Chairman of the Charter Commission, as well as some Charter Commission members, are present this evening regarding this item. Mr. Hamernik, Vice-Chairman of the Charter Commission, stated this proposal is to change the times the City holds elections. He stated, currently, there is an election every year in the City where two Council members are elected one year, a single Council member another year, and then the Council member-at-Large and Mayor are elected the next year. Mr. Hamernik stated this proposal would change the elections to even number years only and be held in conjunction with State and National elections. He stated this would provide that three Council members would be elected one even numbered year and the next even numbered year the Mayor and Council member-at-Large would be elected. He stated the terms of office would change from three year to four year terms. Councilwoman Jorgenson asked when the Charter Commission began work on this proposal. Mr. Hamernik stated they started in early 1987 and it involved a little over a year of work by the Charter Commission. Mayor Nee stated the Council received this proposal by the Charter Commission and held a public hearing. He stated there was very limited public input and because there was concern that there was not a great deal of public response, the proposal was referred to the League of Women Voters to hold a hearing. Ms. Boedigheimer, President of the League of Women Voters, thanked the Council for attempting to obtain as much public input as possible. She stated the League did not conduct a study on this proposal and because this was not done, they could not poll their members or make a consensus. She stated the Council has a copy of their letter which should be self-explanatory. Mayo= Nee stated he thought the League had no recommendation, but it seems the letter has a recommendation. MOTION by Councilwoman Jorgenson to receive the letter from the League of Woman Voters in regard to this proposal for Charter amendments. Seconded by Councilman Schneider. Upon a voice vote, all �oting aye, Mayor Nee declared the motion carried unanimously. Ms. Boedigheimer stated a study was not conducted, but discussion from their members led them to believe this should go before the electorate. She stated she was sorry the League could not come up with a clear-cut recommendation. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9. 1989 PAGE 8 Mayor Nee asked Ms. Boedigheimer if she knew to what extent the public participated in discussion of this proposal. Ms. Soedigheimer stated there was little public input. She stated the hearing 'which they conducted was publicized in the Fridley Focus and by word-of-mouth. She felt the Council had also tried to obtain more public input. Councilwoman Jorgenson stated at the hearing before the League of Women Voters, it seemed the Charter Commission members, League of Women Voter members, and the City Council were the ones present. Ms. Boedigheimer stated she believed there were two or three persons from the public at the meeting. MOTION by Councilman Billings to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Councilman Schneider stated he is prepared to support these amendments. He stated there was not much public input, but obviously this is not an issue that has public interest. He stated he believed if this went to a referendum, it would not be understandable or confusing or, at best, made into a political issue. He stated the Charter Commission has done a lot of work on this proposal and he does not see any harm in it. Mayor Nee stated some sound arguments have been presented for change and felt all the Council members have indicated they did not have strong feelings one way or the other. He stated the Charter Commission has spent a lot of time and hard work in preparing this proposal. Mayor Nee stated in every instance in the past, the Council has concurred and supported the Charter Commission, particularly where there is no great concern one way or the other. Councilwoman Jorgenson stated the Charter Commission is a non- partisan group of individuals which represent both political parties. She stated they are not appointed by the Council, but by a District Judge. She stated she wanted to thank the Charter Commission and League of Women Voters for the amount of time spent on this issue. Councilman Fitzpatrick stated he believed the Charter Commission has performed well as these are the types of issues they are to consider. He stated the Commission worked hard on this issue and has submitted their recommendation which he is prepared to support. Councilman Billings stated when this issue was being discussed by the Charter Commission, he expressed his intent to vote against it, if there was any measurable opposition. He stated he has seen no objections to this issue at the hearing before the City Council. He stated there was one person who spoke in opposition at a later FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 1989 PAGE 9 Council meeting, and not at the hearing, and understands he was the only person who opposed it at the League of Women Voters' meeting. Councilman Billings stated it is difficult to draw a conclusion if all voters of the City are in favor of it or do not consider i:t an issue of such magnitude that it would have that great of an impact on the City. UPON A. VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING_OF DECEMBER 21. 1988: A. CONSIDERATION OF SPECIAL USE PERMIT, SP �88-16, FOR A REPAIR GARAGE AT 7267 COMMERCE CIRCLE N.E. BY JIM BURCH• Ms. Dacy, Planning Coordinator, stated this is a request for a special use permit to operate a repair garage in a multi-tenant building. She stated the Planning Commission and staff both recommend approval with three stipulations which she outlined. Mr. Burch stated he does a lot of decorative painting for Waldoch Crafts. He stated when it was found his operation was illegal in the zoning district where he was operating, he and staff have been working to find a suitable location for his business. He stated he wished to remain in Fridley and the new location will be larger and allows expansion of his business. MOTION by Councilman Billings to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #88-16, with the following stipulations: (1) outside storage of cars is prohibited; (2) the tenant bay be modified to meet the City's Fire Code requirements; and (3) repair work shall be conducted within the building. No outdoor repair activity is permitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of December 21, 1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF ESTABLISHING A PUBLIC HEARING DATE FOR A REZONING. ZOA #88-04, TO REZONE FROM C-2 AND R-2 TO R-3. FOR NORWOOD SQUARE SENIOR HOUSING. BY COMMUNITY DEVELOPMENT �' CORPORATION• MOTION by Councilman Billings to set the public hearing date for this rezoning request for January 23, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 1989 PAGE 10 5. CONSIDERATION OF AUTHORIZING STAFF TO EXECUTE THE ABATEMENT OF THIS NUISANCE AT 640 DOVER STREET N.E.: MOTION by Councilman Fitzpatrick to authorize staff to execute the abatement of�this nuisance as outlined in City Code 110. S�conded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF AUTHORIZATION TO PREPARE PLANS AND SPECIFICATIONS FOR THE PROPOSED NORTH SATELLITE FIRE STATION: Mr. Aldrich, Fire Chief, stated if the Council authorizes the preparation of plans and specifications for the proposed north satellite fire station, it would be his intention to proceed with the same type of structure built on the east side of the City, and the same materials, color, and design would be used. He stated the City Manager suggested adding several feet to the apparatus room so there may be some minor interior changes. Mr. Aldrich stated it was felt City staff personnel could be used to prepare the drawings. He stated Mr. Flora raised the question if this was done, if there would be any copyright problems. Mr. Aldrich stated the City Attorney, Mr. Herrick, did not believe there would be a problem, if these drawings were not included in the design contract. MOTION by Councilman Fitzpatrick to authorize the preparation of plans and specifications for the proposed north satellite fire station. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 1-1989 TO ADVERTISE FOR BIDS TO SELL SURPLUS FIRE APPARATUS• Mr. Aldrich, Fire�Chief, stated the fire suppression equipment for the new grass fire unit has been purchased and installed. He stated the 1958 International pickup truck can now be considered surplus equipment and he would recommend the Council authorize disposal of this unit by sealed bid. He stated he felt the equip- ment was not worth keeping due to the age and safety considerations make it not in the City's best interests to keep this equipment. MOTION by Councilman Schneider to adopt Resolution No. 1-1989. Seconded by Councilman Billings. Councilwoman Jorgenson asked if the City incurs any legal liability in�selling equipment of that age. Mr. Aldrich stated in advertising for bids, he felt language can be included to eliminate any liability to the City. Mr. Herrick, City Attorney, stated the only concern he would have FRIDLEY CITY COUNCIL MEETING OF JANUARY 9 1989 PAGE 11 is if it is known the unit has defects or deficiencies, they would have to be corrected or identified. He stated if it is simply outdated and old that, in itself, would not create any liability. UPON A VOICE. VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF THE LION'S CLUB WAIVER RE4UEST: Mr. Hill, Public Safety Director, stated the Lion's Club is requesting a waiver of the 60 day waiting period for a gambling license. He stated the Lion's Club has made application for a gambling license to conduct pull-tab operations at Maple Lanes. He stated if this is approved, it will be the second location for pull-tab operation in the City by the Lion's Club. He stated the other location is at George Is In Fridley. Mr. Hill stated the Police Department has already conducted a background investigation for the Lion's Club pull-tab operation at George Is In Fridley and there has been no significant changes in the officers of this organization. He stated the Council has the option to deny the application; not to take any action for the 60 day waiting period; or to grant this request and notify the State that the City is waiving the 60 day waiting period and has no intentions of opposing this request. Mr. Gargaro, representing the Lion's Club, stated they wished to have a second pull-tab operation as they recently lost their lease at the Skywood Mall for bingo. He stated the second pull-tab operation would help rejuvenate the income lost from the bingo operation and allow them to continue their charitable donations. Mr. Gargaro stated they would like to be operating by March 1 so they could have several months of good sales while the bowling leagues are still being held. MOTION by Councilman Fitzpatrick to waive the 60 day waiting period for a gambling license for the Lion's Club. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 2-1989 TO ADVERTISE FOR BIDS FOR ONE (1) PORTABLE STAGE UNIT: Mr. Kirk, Director of Parks and Recreation, stated this portable stage unit or showmobile was approved in the 1989 Capital Improvements Budget. He stated this showmobile has a number of potential uses for band/orchestra concerts, dramatic performances, talent show/entertainment and special events. He stated there is also the option of renting this unit to other community groups or organizations, if the Council wishes. Mr. Kirk felt the prime use times for this unit would be late FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 1989 PAGE 12 spring, the summer months, and late fall. He stated it is hoped the unit can be purchased in time for this summer's recreational programs and for 49er Days. Mr. Kirk stated it is suggested bids be advertised through January and opened on February 2 for submission to the Council on February 13. Mr. Kirk stated the Council received a promotional flyer for the showmobile and explained the size of the stage and some of its features. He stated he believes the showmobile would be an asset to the community. Councilwoman Jorgenson asked if this unit would be handicapped accessible. Mr. Kirk stated it would take a stairway. He stated he is not supplied so the City may have to accessible to the handicapped. modification as it comes with a aware of a ramp which could be construct one, if it were to be MOTION by Councilman Schneider to adopt Resolution No. 2-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 3-1989 TO ADVERTISE FOR BIDS FOR CIVIC CENTER TECHNICAL SYSTEM: Mr. Hunt, Assistant to the City Manager, stated this technical system is part of the Civic Center renovation project and deals with the electronic equipment that would be used primarily in the Council Chamber. He stated there would be a system of two retractable video projectors. He stated there would be two overhead cameras, one over the podium and the other over the Council bench where staff would make their presentations. He stated both could be used for transparencies or opaque items. Mr. Hunt stated there would be another fixed camera located behind the Council and provisions for two floor cameras. Mr. Hunt also explained the proposed lighting and the monitors that would be provided. Mr. Burns, City Manager, stated he understands this system will have the capability of running video tapes, but not the capability to run slides. Mr: 'Hunt stated the specifications do not include a device to transmit slides into a video. Councilman Schneider stated in reality, someone will come in with a slide presentation and felt the Council should be able to accommodate them. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 1989 PAGE 13 Mr. Hunt stated the whole design is more for video technology, rather than slide technology, but he would discuss this with the consultant. Councilman SGhneider asked if the monitors can receive everything that is on the cable system. Mr. Hunt stated the monitors are controlled from the Control Room, but he�would check on this further. Mr. Herrick, City Attorney, felt a request for service contract should probably be included in the bid. Mayor Nee asked if more than one contractor would install the system. Mr. Hunt stated the consultant would be in charge of the installation. Mr. Burns, City Manager, stated Mr. Herrick's suggestion is good, but felt the service contract should be bid as an option. Mr. Hunt stated he felt all the bids will include a warranty, but the City should look at a service contract. Mayor Nee stated the City of Minnetonka has compiled a brochure on how to prepare materials for presentation to the City Council and felt this would be a good idea for Fridley. MOTION by Councilman Schneider to adopt Resolution No. 3-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. ORDINANCE NO 918 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 3, ENTITLED "PERSONNEL" BY ADDING SECTION 3.12. EMPLOYEE APPRECIATION• MOTION by Councilman Schneider to waive the second reading of Ordinance No. 918 and adopt it on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF CITY COUNCIL APPOINTMENTS TO DIFFERENT AGENCIES: , MAYOR PRO TEM: . MOTION by Councilman Schneider to nominate Councilwoman Jorgenson for Mayor Pro Tem for 1989. There being no further nominations, Mayor Nee declared the nomina- FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 1989 PAGE 14 tions closed and an unanimous ballot was cast for the appointment of Councilwoman Jorgenson as Mayor Pro Tem. ,ANOKA COUNTY LAW ENFORCEMENT COUNCIL: MOTION by Councilman Fitzpatrick to nominate Councilman Schneider as Representative to the Anoka County Law Enforcement Council. There being no further nominations, Mayor Nee declared the nomina- tions closed and an unanimous ballot was cast for the appointment of Councilman Schneider as Representative to the Anoka County Law Enforcement Council. MOTION by Councilman Schneider to nominate Councilwoman Jorgenson as Alternate to the Anoka County Law Enforcement Council. There being no further nominations, Mayor Nee declared the nomina- tions closed and an unanimous ballot was cast for the appointment of Councilwoman Jorgenson as Alternate to the Anoka County Law Enforcement Council. SUBURBAN RATE AUTHORITY: MOTION by Councilman Schneider to appointment John Flora, Public Works Director, as Representative to the Suburban Rate Authority and the Assistant Public Works Director as the Alternate. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ASSOCIATION OF METROPOLITAN MUNICIPALITIES: MOTION by Councilman Schneider to nominate Councilman Fitzpatrick as Delegate to the Association of Metropolitan Municipalities and -Councilwoman Jorgenson as Alternate. There being no further nominations, Mayor Nee declared the nomina- tions closed and an unanimous ballot was cast for the appointment of Councilman Fitzpatrick, as Delegate, and Councilwoman Jorgenson, as Alternate, to the Association of Metropolitan Municipalities. SCHOOL DISTRICT NO. #14 COMMUNITY SCHOOL ADVISORY COUNCIL: MOTION by Councilman Fitzpatrick to nominate Councilwoman Jorgenson as Representative to School District #14. There being no further nominations, Mayor Nee declared the nomina- tiorys closed and an unanimous ballot was cast for the appointment of Councilwoman Jorgenson as Representative to School District #14. SCHOOL DISTRICT #13 REPRESENTATIVE: MOTION by Councilman Fitzpatrick to nominate Councilman Billings, FRIDLEY CITY COUNCIL MEETING OF JANUARY 9 1989 PAGE 15 as Representative to School District #13. There being no further nominations, Mayor Nee declared the nomina- tions closed and an unanimous ballot was cast for the appointment of Councilman Billings as Representative to School District #13. MOTION by Councilman Schneider to nominate Councilwoman Jorgenson, as Alt�rnate to School District #13. There being no further nominations, Mayor Nee declared the nomina- tions closed and an unanimous ballot was cast for the appointment of Councilwoman Jorgenson as Alternate to School District #13. SCHOOL DISTRICT #16 REPRESENTATIVE: MOTION by Councilman Fitzpatrick to nominate Councilman Schneider as Representative to School District #16. There being no further nominations, Mayor Nee declared the nomina- tions closed and an unanimous ballot was cast for the appointment of Councilman Schneider as Representative to School District #16. LEAGUE OF MINNESOTA CITIES: MOTION by Councilman Billings to nominate Councilman Fitzpatrick, as Representative, and Councilman Schneider, as Alternate, to the League of Minnesota Cities. There being no further nominations, Mayor Nee declared the nomina- tions closed and an unanimous ballot was cast for the appointment of Councilman Fitzpatrick, as Representative, and Councilman Schneider, as Alternate, to the League of Minnesota Cities. RECEIVING LIST OF COMMISSION MEMBERS WHOSE TERMS EXPIRE APRIL 1. 1989 AND JUNE 9. 1989: MOTION by Councilman Fitzpatrick to receive the list of Commission members whose terms expire in 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated anyone interested in serving on the City Commissions should send a resume to Bill Hunt, Assistant to the City Manager. She stated the Council is looking for persons to serve on the Energy, Environmental Quality, Human Resources, Park and Recreation, and Cable Television Commissions. RESOLUTION NO. 4-1989 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY: MOTION by Councilman Schneider to adopt Resolution No. 4-1989 designating John Flora, Public Works Director, as Director, and FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 1989 PAGE 16 the Assistant Public Works Director, as Alternate Director, to the Suburban Rate Authority. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 5-1989 DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY: MOTION�by Councilman Schneider to adopt Resolution No. 5-i989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION N0. 6-1989 DESIGNATING OFFICIAL NEWSPAPER FOR THE YEAR 1989• MOTION by Councilman Fitzpatrick to adopt Resolution No. 6-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. APPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Schneider to concur with the following appointment by the City Manager: NAME Jeffrey R. Long 5616 Countryside Edina, MN 55436 POSITION Patrol Officer Rd. (part. exempt) STARTING STARTING SALARY DATE REPLACES $1,795/ 1/17/89 Fred month Bebensee (1988 rate) Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claims No. 24116 through 24375. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted: �'RIDLEY CITY COUNCIL MEETING OF JANUARY 9. 1989 PAGE 17 Herrick & Newman, P.A. 6401 University Avenue N.E. Fridley, 1�IIJ 55432 For Services Rendered as City Attorney for the Month of December, 1988. ...... Volk Sewer & Water 8909 Bass Creek Court Brooklyn Park, MN 55428 $ 3,258.70 Water, Sanitary & Storm Sewer Project No. 183 FINAL ESTIMATE . . . . . . . . . . . . . . . . $ 21, 714. 55 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �1DJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January 9, 1989 adjourned at 10:22 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: � William J. Nee Mayor 1 ORDINANCB NO. - 1989 AN OltDINANCB AMENDIN�3 8$CTIONB 2.03� 4.02, AND 4.03 OF THE FRIDLEY CITY CHARTEjt THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLIAWS: That the following sections of the Fridley City Charter be amended as follows: SECTION 2.03 ELECTIVB OFFICERB. 1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters. The Mayor shall be elected at large for a term of three (3) years, except the first Mayor to be elected in 1957 shall be for a term of two (2) years. Commencing in the year 1992 and every fourth year thereafter, the person elected to the office of Mayor shall be 8lected for a term of four (4) years. � 2. One (1) Councilmember shall•be elected at large for a term of three (3) years except that the first such Councilmember-at-Large under this Charter shall be the incumbent elected in 1956, with two (2) years remaining of term and shall be considered to serve two (2) years as Councilmember-at-Large to 1959. Commencing in the year 1992 and every fourth year thereafter, the person elected to the office of Councilmember-at-Large shall be elected for a term of four (4) years. 3. Three (3) Councilmembers shall be elected for terms of three (3) years each from three (3) separate Wards of the City, as designated below, except that the first Councilmember for Ward No. 2 under this Charter shall be the Councilmember having one (1) year of term yet to serve, and shall be considered Councilmember for Ward 2 for a one (ij year term to expire in 1958. The Councilmembers from Wards No. 1 and No. 3 shall be elected in 1957, each for terms of three (3) years. Commencing in the year 1990 and every fourth year thereafter, the persons elected to offices of Councilmember for Ward 1 and Councilmember for Ward 3 shall be elected for a term of four (4) years, and commencinq in the year 1994 and every fourth year thereafter, the person elected to the office of Councilmember for Ward 2 shall be elected for a term of four (4) years. SECTION 2.03 ELECTIVB OFFICERS. 6. The term of Mayor and of each Councilmember shall begin on the first official business day in the month of Janu�ry following their election to office and shall end when a successor has been duly elected and has qualified. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearinq in of the newly elected members of the Council. The Council shall be judge of the election and its members. Page 2 SECTION 4.02. REGULAR MUNICIPAL ELECTIONS. Regular municipal elections shall be held on the first Tuesday after the first Monday in November at such place or places as the City may designate by resolution. Commencinq in the year 1992, regular municipal elections shall be held every even numbered year. The Council may divide the City into as many votinq precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be in more than one (1) ward. At least fifteen (15) days' notice shall be given by the City Clerk of the time and places of holding such election, and of the officers to be elected by posting a notice thereof in at least one (1) public place in each voting precinct and by publishing a notice thereof at least once in the official newspaper of the City, but failure to give such notice shall not invalidate such election. SECTION 4.03. PRIMARY ELECTIONB. On the first Tuesday after the second Monday in September there shall be a primary election for the selection of two (2) nominees for each elective office at the regular municipal elections, unless only two (2) nominees file for each elective office. Commencing in the 1992, primary and regular municipal elections shall be held every even numbered year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK Public Hearing: June 6, 1988 First Reading: January 9, 1989 Second Reading: Publications: 1A MEMORANDUM � Clty ot Frldl�y ( •4it Y�Iv�rslty Ar��• N.t. �� Frldl�y� Minn�sot• s6434 �Ao�• (�14)671-i460 Oftic• ot the City Msna�� W111ism W. Burns TO: . T8$ HONORAHL$ 1�AYOR AND CITY COtTNCIL �,� FROM: IIILLIAM 11. BIIRNB� CITY MANAGER �, DATE: JANUARY 20, 1989 SIIBJECT: RRAIIS ANDERSON CONTRACT As of 2:00 p.m. this afternoon, we still have not completed the preparation and review of the construction management contract with Kraus Anderson Company. It would appear at this time, that we will not have it prepared for this afternoon's agenda packet. I am hopeful, however, that we will have all of the "I's dotted and T's crossed" by Monday evening. In any event, I am keeping the item on the agenda with that expectation. I have prepared a letter of intent for Kraus Anderson in leu of the contract. Tom Sackett assures me that he can go as long as another week or so on the basis of the letter of intent. Hopefully, we won't have to do that. Thank you for your understanding. WWB/ 1 a CITY OF FRIDLEY PLANNI�iG COMMISSION MBETINa, JANIIARY 11, 1989 � � � � � � .� � � � � � .� � � � � � � � � ' � � � � � � � � � � � � � .� �. � � � � � � � ' ' � � � � � .� .� � � ' � � � � � Y � • CALL TO ORDER: Chairperson Betzold called the January il, 1989, Planninq Commission meetinq to order at 7:34 p.m. ROLL CALL: Members Present: Donald Betzold, Dean Saba, Sue Sherek, Alex Barna, Paul Dahlberq Members Absent: Dave Kondrick Others Present: Barbara Dacy, Planning Coordinator Kathlyn Castle, Planning Assistant Fatma Reda, Islamic Center of Minnesota (See attached list) APPROVAL OF DECEMBER 21. 1988. PLANNING COMMISSION MINUTES: MOTION by Mr. Dahlberq, seconded by Mr. Saba, to approve the December 21, 1988, Planning Commission minutes. Mr. Betzold stated that on page 6, first paragraph, he would like to add the following at the end of the sentence: "if the County's plans have already been completed at that time." IIPON A VOICE VOT$, ALL VOTIN(� AYE, CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY AND TH8 MINIITBS APPROVED AB AMENDED. 1, PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #88-17, BY ISLAMIC CENTER OF MINNESOTA: Per Section 205.07.O1.C.2 of the Fridley City Code to allow a church in a residential district on Lots 1, 2, 3, 4, 5, 6, 17, and 33, Meloland Gardens, generally located at 1401 Gardena Avenue N.E. MOTION by Mr. Barna, seconded by Mr. Saba, to open the public hearing. IIPON A VOICB VOT$, ALL VOTINa AYE, CHAIRPERSON BETZOLD DBCLARBD THE MOTION CARRIBD IINANIMOIISLY, AND THB PIIBLIC HEARING OPEN AT 7:36 P.M. Ms. Castle stated the petitioner is requestinq a special use permit -1- 3 � PLANNINa CO1�II�I8SION MEETIN�3. JANUARY 11, 1989 to allow a church in a sinqle family dwelling district at 1401 Gardena Avenue N.E. The site is directly north of Totino Gface High School, is located in an R-1 sinqle family dwellinq district and is surrounded by R-1. The R-1 district regulations requires that churches meet the standards of the requlations in the CR-1 general office district. She stated the site does meet most of the CR-1 district requlations except for parkinq and minor site improvements. Ms. Castle stated that in 1986, a special use permit was requested by Church on the Move to allow a church and private school in the R-1 district at this site. This request was approved by the City Council with 15 stipulations; however, the citizens expressed some concerns regarding traffic, parking, and recreational facilities. Of the 15 stipulations, several were regardinq the parking situation. One of the stipulations required Chuzch on the Move to sign and record a parking use agreement with Totino Grace High School to use Totino Grace's parking lot on an as needed overflow basis. Totino Grace objected to this request; therefore, the City Council reconsidered the special use permit and eventually denied it. Ms. Castle stated the Islamic Center of Minnesota is a Muslim religious organization consisting of approximately 250 families. Of these families, about 130 families are from this area. The Center is currently using the site for their Sunday School where about 200 students attend. Zn addition, they are using the site for other recreational activities. Ms. Castle stated 35 parking spaces are currently provided on the site, and this church requires 166 spaces, based on a 1 stall per 3 person ratio. Because of the shortage, a private parking agreement between Totino Grace High School and the Islamic Center has been executed. The Center is allowed to use Totino Grace's lot on a space available basis, if it does not interfere with the normal classroom activities. There are 260 spaces on the Totino Grace site. Ms. Castle stated other minor improvements that will be needed are the upgrading of the parking lot to meet City Code--sealcoatinq the lot, installing some curb and gutter, and striping the lot. In addition to that, they are requesting the Center to install a dumpster enclosure. Ms. Castle stated the buildinq will be used for church activities on Fridays, Sundays, and two other holidays during the year. The library and gymnasium will be the designated rooms for the church activities. The library will be used for Friday services, attended -2- 3A 3B PLANNIlda COMMISSION 1dEETING. JPIIdQARY 11. 1989 by approximately 40 people, and the qymnasium will be used on holidays, attended by approximately 400-500 people. ' Ms. Castle stated staff is recommendinq approval of the special use permit with six stipulations: 1. A masonry dumpster enclosure with wooden gates shall be installed by August 1, 1989. 2. The property owner shall combine individual lots into one tax parcel, as requested by the City Assessor (buildable lots abuttinq Hillcrest Drive and Oakwood Manor may be exempted). 3. If the aqreement between the Islamic Center and Totino Grace High School ceases to exist, the Center shall at that time apply for a special use permit to expand their parking lot to meet the zoning requirements. 4. Church services shall occur in the library and gymnasium only. 5. All existing hard surface areas shall be improved with sealcoating, curb and gutter and striping by August 1, 1989. 6. Programmed activities shall not exceed the parking space available on the site and at Totino Grace. In addition, the Center�s programmed activities shall not conflict with those of Totino Grace's which could cause a shortaqe of parking space. Mr. Betzold stated that in the past there were some questions regarding fee ownership of the property, and he wanted to know if that problem had been solved. Dr. Fatma Reda stated she is a member of the Islamic Center and the community of Fridley. She stated the Islamic Center purchased the former Gardena Elementary School in May 1988. At that time the ownership of the school had already been turned over to. Faith Academy. Dr. Reda stated that after purchasinq the property, they surveyed the community, both direct and indirect neiqhbors, and�institutions in the community to find out what the sentiments were for the plans the Center had for the school. She stated they had three objectives in mind: -3- PLANNZNa COMMISSION ME$TINO. JANUARY 11. 1989 1. To use the facility as a community school, a religious school such as Sunday School, which has been permitted since they purchased the school. That involves a regular Sunday School running from 11:00 a.m. to 1:15 p.m. This is usually follvwed by a small prayer. Muslims have to pray five times a day at particular times. This is different in that there is no sermon and there is no minister. Usually people who pray inside the school at this time are ones who have a school business; for example, the children, parents, staff, etc. They can . pray in the classrooms or in the library. At this time, they have not needed to use the gymnasium. 2. To expand and serve the community for; for example, community education classes, all kinds of thinqs that would be of interest to all people as Americans. They have had a request from the community for a quality daycare and they are looking into that. There are other organizations that have communicated with them to use the building, and they welcome these requests. Some organizations in the community could use their gymnasium for band practices, cheerleadinq practices, etc. 3. To use the facility as a church in the technical sense. This involves two things: a. The Fridays. They sent a letter to the neighborhood explaining that since Friday is a workday, practically speakinq, they do not expect even 100 people to come for prayer. The present 35 parkinq spaces would be sufficient for the Friday prayer group of people. b. Two high holidays during the year. One is the month of Fasting (about the middle of April), and one is for the Pilgrimage which commemorates the sacrifice of Abraham (about 2 1/2 months later, toward the end of June). They hope to have more people attendinq these holidays. Dr. Reda stated that prior to purchasinq Gardena School, they rented space in other facilities. Dr. Reda stated they found from reviewing previous history of this property that there has always been a concern about the flow of traffic, safety of the neiqhborhood, the quietness of the neighborhood, and keeping the atmosphere that way. From the beginning, they have been tryinq to abide by those concerns and be -4- 3G 3D PLANNINC; COMl�ISBION MEBTINa. JANQARY 11, 19 9 a good neiqhbor. That is why they started lookinq at alternatives early on. They had looked at expandinq the parking lot right away, but that is not practical for them now because of a shortaqe of funds. The second option was to try and find another site for parking. They approached Totino Grace. Totino Grace was very gracious, and the Board of Directors approved the use of parkinq with the same stipulations recommended by City staff that the use of Totino Grace's lot not conflict with any function of Totino Grace High School. If at any time, the Center's functions conflict with the functions of Totino Grace, the Center will hold their functions elsewhere like they have been doinq for years. They do not want to create any problems in the community at all. Mr. Betzold asked if this facility would be in addition to the Islamic Center in Columbia Heights. Dr. Reda stated the Columbia Heights facility was qiven to them by a family foundation, and they have a permanent lease on that facility to use it for the purpose of worship. There are still quite a few functions that will continue to be held there. Mr. Betzold asked if there were any long range plans for the facility in Fridley. Dr. Reda stated basically they are looking for a place to teach the children and to have some special functions for them. At this time, they do not envision any major changes on the site. She did not know how things would change in future years. They really have a very small Muslim community in the Twin Cities area. Mr. Betzold asked Ms. Reda to give a little more detailed account of what type of activities would be going on at the facility. Dr. Reda stated there are no functions at the facility Monday through Thursday. They have a volunteer director who comes in a couple of hours each day to take care of the mail and other business. The main function of the Center is on Sundays with the Sunday School. Last summer they had some athletic activities for the Youth Club on Satu=days also. They have a soccer field and a baseball field, and they would like to have more of .those activities next summer. Dr. Reda stated the daycare center would be a non-religious daycare open to the public. They are still in the process of surveyinq the community to see if there is a real need. She stated if they decide to have a daycare center, that requires a special use permit also, so it is a different issue. -5- � PLANNINa COIrII�I88ION MEETIN(�, Jl�NQARY il. 1989 Mr. Mohmoud Abdel Rahman, 6717 Washington Street N.E., stated he is a pharmacist, and has lived in this neighborhood for over�two years. Before that he lived in Columbia Heights. He is married and has two children who attend Sunday School at the school in Fridley. Before that, they went to the Islamic facility on 41st and 7th Street in Columbia Heights. Mr. Rahman stated he was at the meeting to support this request and to ask the Planninq Commission to recommend approval. He stated the Islamic community is a peaceful people, and they just want to worship God in their own way and live in harmony with others in the community. It is the only outlet for their children and for them to practice their belief in God. It is a time when they can socialize with their brothers and sisters in the Islamic faith. He stated he was speaking on behalf of not only himself and his family, but for his brothers and sisters who live in Fridley who could not be at the meeting because of employment commitments. Mr. Betzold stated that in the agenda (paqe 1-M) was a letter from Margaret J. Kriudson, 1322 Hillcrest Drive N.E., dated January 3, 1989, who stated that she could not attend the Planning Commission meeting, but would like to tell the Planning Commission that she would prefer to have the facility remain as a school. She was also concerned about the loss of the wetland to the rear of the property. MOTION by Mr. Barna, seconded by Ms. Sherek, to receive Ms. Knudson's letter dated January 3, 1989, into the record. IIPON A VOICE VOT$, ALL VOTINa AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION�CARRIED IINANIMOIIBLY. A representative from the Islamic Center stated he would also like the Commission members to receive another letter into the record from Ms. Knudson dated December 28, 1988, addressed to the Islamic Center. In this letter, Ms. Knudson thanked them for cleaning up the building waste that was thrown on their land recently. More trash had been thrown in the same area, but she and the City inspector felt it was not the Islamic Center that was doinq the dumping, and she thanked the Islamic Center for their helpfulness. OT O by Mr. Saba, seconded by Mr. Dahl.berq, to receive Ms. Knudson's letter dated December 28, 1988, into the record. IIPON A VOICB VOTB, ALL VOTINd AYB, CBAIRPERSON B$TZOLD DBCLARBD THE MOTION CARRIBD IINANIMOQSLY. Mr. Jim McLaughlin, 1050 Gardena Avenue, stated in the past he had -6- PLANNINa COMMISSION ME$TINO. Jl1NUARY 11. 1989 raised the questions: (1) What is the impact of the additional traffic on Gardena Avenue, particularly at the intersection_ o! Gardena and Central Avenue? and (2) What is the City doinq to control traffic at that intersection? Mr. McLaughlin stated he realized these two questions do not specifically relate to this special use permit, but he hoped these two issues would be studied before the City Council acts on this special use permit. Dr. Reda stated they have tried to ask their people coming from the east (about 40�) to come from the east and the people coming from the west (about 60$) to come from the west to avoid everyone entering and exiting Gardena Avenue at Central Avenue from the same direction. Those coming from the east can use Silver Lake Road and then over. She stated they are also tryinq to urganize things so that people will not all arrive at the same time. Since May they have been trying to do these things, and their Muslim community has been very cooperative in trying to prevent congestion all at one time. Mr. McLauglin stated he has not noticed any significant traffic since the Islamic Center has had ownership of the school. It was just something he would like addressed whenever something like this special use permit comes up. Councilmember Schneider stated the concern about traffic at Gardena and Centra? Avenue is a separate concern from this special use permit. However, the Council did ask staff to do a traffic count at that intersection. That was done about a month ago, and the County has indicated that the results do not warrant any stoplights at that intersection. Dr. Rasheed Khan, 1455 North Innsbruck Drive, stated he is a physician and has lived in Fridley for more than 14 years. He wanted to express his feelinqs as to what the Center can do for his family and its members. Because of the Columbia Heights facility, his children received proper quidance and education in their religion. His son is now a teacher at the Center in Fridley. This Center has tremendously helped his family and other members of the Muslim community. The essential part of their reliqion is the Friday afternoon prayers and the two major holidays durinq the year. The Center will be very helpful for the Islamic community, especially for future qenerations. , Mr. Dave Sallman, 6061 Woody Lane N.E., stated he had no objection to what has been proposed so far. However, if there is a parkinq lot, what are the requirements for eqress and ingress? Was it -7- 3F 3G PLANNINa COMMISSION MEBTINQ. JANIIARY il, 1989 possible that access could go through the site to the west onto Hillcrest? He realized this was a different special use permit, but it was something that would be needed at some point in time. Ms. Dacy stated she was sure access to Gardena Avenue would have to be maintained. There is not much room, but access onto Hillcrest would be routinq traffic back through the neighborhood; and it was her initial assessment that was something that would not be necessary. It was something staff would have to study at the time. Mr. Ed Kaspszak, 1317 Hillcrest Drive N.E., stated he would like an additional qualification that a special use permit for any expansion of the parking lot must be conditioned upon 2/3 approval of the property owners in the neighborhood affected by the expansion. That way the property owners can decide whether it is something they want or not. He felt that it was very difficult for a governmental unit to say "no" once the Center has been there for awhile and has become established. Staff could essentially say now that the special use penait for parking expansion would be approved. The fear the property owners have is the fear of more traffic. Mr. Kaspszak stated also a parking lot, in terms of the wildlife in the area, would require an action higher than the City Council, and that is the State of Minnesota. Mr. Kaspszak stated one of the problems, not with the building itself, but with the property is that the Islamic Center has not controlled the weeds. The weeds got very bad last summer. He had called the City twice and the weed inspector twice and had qotten no action. He had finally called Councilmember Schneider who said he would take care of it, and still nothing happened. Not it is winter, but the problem is still goinq to be there in the sprinq. Dr. Reda stated they realized the weeds were a problem. She stated they purchased the property in May and by the time they got moved in and did some cleaning up of the property, it was already well into July. One of their members, who is a professor of weed science at the University of Minnesota, did some sprayinq. She assured the neighbors that the weed problem was on their agenda for taking care of in the sprinq. Mr. Kaspszak stated that, other than the weeds, the Islamic Center people have been good neighbors. Mr. Betzold stated that regarding the wetlands concern, he did not know if the area was large enough for the Department of Natural -8- 3H PLANNINQ COMMISSION MEETINa. JANIIARY il, 198� Resources to be interested; but it was something the City would have to address at the time. He did not know if it was legal '�or the Planninq Commission to impose a stipulation like the one suggested by Mr. Kaspszak. The U.S. Supreme Court has addressed the issue of essentially qoverninq bodies, elected or appointed, to make decisions abdicating their responsibility over to neighbors to make the decision. The Supreme Court has struck those practices down and has said it is the responsibility of the elected or appointed officials to make. Mr. Kaspszak stated he would like a legal opinion from the City Attorney on this issue. Mr. Betzold stated they can certainly call this to the City Attorney's attention and have a legal opinion available at the City Council meeting. Mr. Scott Nelson, 1314 Hillcrest Drive N.E., stated he owned the property next to the northern end of the access lot part of the property. He was mainly concerned if there was a parking lot expansion, could a driveway go through that part of the property? If so, he would be against it. Regarding stipulation #2 which said the property owner shall combine the individual lots into one tax parcel with the possible exclusion of the buildable lots abuttinq Hillcrest Drive and Oakwood Manor, he would like to see thcse lots definitely excluded. It would make it easier for those lots to be converted into or sold as single family lots in the future. Mr. Nelson stated he had also called City Hall about the weed problem and had gotten no response. He was also concerned about the wetlands. Ms. Olga Palmer, 1329 Gardena Avenue N.E., stated the letter the neighbors received from the Islamic Center said the Center wanted to have Sunday School and church services on Friday, yet they are worshipping on Sunday. Does the special use permit cover church services seven days a week, or does it address specific days? Some limits should be set. Ms. Dacy stated the scope of the special use permit is•to allow the Center to conduct a church activity. The applicant has indicated there will a Friday afternoon prayer service, as well as two special occasions during the year. Staff has structured the recommendation for approval to the Planninq Commission such that they did not specify exact days and times. It is structured to basically limit the amount of people who can use the facility for the church services by parking. This is to allow flexibility for the applicant if there is a change in times or if they want to have -9- PLPiNNIN(i COMMI88ION MEBTING, JANQARY 11. 1989 a church service on another day other than Friday. Staff's �ain concerns are the traffic impacts and the site improvements, and staff has made recommendations to control these concerns. Any other stipulations beyond that are up to the Planning Commission and City Council. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTZNG AYB, CHAIRPERBON 88TSOLD DECLARED THE MOTZON CARRIED IINANIMOIIBLY. Mr. Saba stated he attends a church one block away from the Islamic facility in Columbia Heights and these people are very qood neighbors. He did not know of anyone who has had any problems with the facility or the people. The proposed use by the Islamic Center for the Gardena School facility was certainly better than some of the things that have been proposed in the past. He would strongly support the special use permit,. and he would like a legal opinion at the City Council regardinq Mr. Raspszak's request. Mr. Dahlberg stated that regarding stipulation #2 referring to the two parcels of property on Hillcrest and Oakwood Manor, would the petitioner object to having the words "may be" changed to "shall be"? Dr. Reda stated they would be agreeable to that change. Ms. Sherek stated that in view of the history of this site and the comments from the neighbors, she would like a stipulation that addresses the weed problem. This property has been neqlected for some time and needs some attention. She would sugqest August 1, 1989, as a deadline for having the weed problem taken care of. Dr. Reda stated they would be agreeable to that stipulation. MOTION by Mr. Saba, seconded by Ms. Sherek, to recommend to City Council approval of Special Use Permit, SP #88-17, by the Islamic Center of Minnesota, pursuant to Section 205.07.O1.C.2 of the Fridley City Code to allow a church in a residential district on Lots l, 2, 3, 4, 5, 6, 17, and 33, Meloland Gardens, generally located at 1401 Gardena Avenue N.E., with the followinq stipulations: � 1. A masonry dumpster enclosure with wooden gates shall be installed by August 1, 1989. 2. The property owner shall combine individual lots into one -10- 31 PLANNIN(3 COMI�IISSION MEBTIN�i, JANQARY il. 1989 tax parcel, as requested by the City Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor shall be exempted). �he wordinq change is subject to a leqal opinion from the City Attorney. 3. If the agreement between the Islamic Center and Totino Grade High School ceases to exist, the Center shall at that time apply for a special use permit-to expand their parking lot to meet the zoning requirements. 4. Church services shall occur in the library and gymnasium only. 5. All existing hard surface areas shall be improved with sealcoating, curb and gutter and striping by August 1, 1989. 6. Programmed activities shall not exceed the parking space available on the site and at Totino Grace. In addition, the Center's programmed activities shall not conflict with those of Totino Grace's which could cause a shortaqe of parking space. 7. The property owner shall take care of the weed problem by August 1, 1989. IIPON A VOICE VOTB, ALL VOTING AYE� CBAIRPERSON HETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Betzold stated this item will go to City Council on January 23. Mr. Betzold stated he would like to express the Commission's appreciation to the neighbors for their kind attention and for their patience during this public hearinq. Dr. Reda stated that on behalf of the Islamic Center, she would also like to thank the neighborhood. She stated the neighborhood has really made them feel welcome. People have been stopping by and giving them encouragement, and they really appreciate that. 2. �Y�EW OF 1989 CDBG PROGRAM: Ms. Dacy stated that this was an information item, but she would be happy to pass on any comments the Planninq Commission members might have to the City Council. � .� � ; ••-• �t�� -11- '- 3J 3K PLANNINa CO1rII�I88ION l�E8TIN0. JANIIl1RY 11. 1989 Ms. Dacy stated this was an information item only. The City Council has directed staff to encouraqe the Brickner brothers to have a neighborhood meeting prior to an application for a multiple family structure at this location. Ms. Dacy stated, secondarily, she would like the Commission to comment on the proposed Land Use Study for the Central Avenue Corridor. As the Commission members were aware, there is a hodge- podge of zoning districts and uses, and staff feels a Land Use Study would be consistent with the Commission's previous direction to be pro-active and make any recommendations for a redevelopment plan of the types of uses they would like to see alonq the Corridor. Mr. Dahlberg stated Central Avenue used to be a major thoroughfare and is no longer that and should not be encouraged to be one. He stated he thought it would be useful to have a Land Use Study done from Rice Creek Road all the way to Osborne alonq Central Avenue. Ms. Sherek stated if staff knows how many units are goinq to be proposed, it might be important to have a traffic study done also. Traffic is a biq concern in this neighborhood. 4. LIGHT RAIL TRANSIT UPDATE: Ms. Dacy stated that at the last meetinq, the Planninq Commission set a special meeting for January 18th to discuss light rail transit. After contacting Tim Yantos of Anoka County to invite him to the meeting, it was brought to her attention that January 18th conflicted with an LRT Advisory Committee meeting. However, Mr. Yantos and Dick Wolsfeld of BRW can attend a February lst meetinq. Ms. Dacy stated that after talking to Mr. Yantos, it appears that they can incorporate the Planning Commission into a useful process- -and that is the preliminary engineering phase. She also stated she wants Anoka County to address the question of how that is goinq to affect future planninq decisions, and what the impacts are goinq to be along the routes and at the station locations. Mr. Dahlberg stated Councilmember Billinqs has asked him�if he would be interested in attendinq the January l8th LRT Advisory Committee meetinq at Spring Lake Park City Hall. He stated he does plan to attend the meetinq. . Ms. Dacy stated staff has also invited Councilmember Billings, Scott Lund, and John Flora to the Feb. 1 special Planninq Commission meeting. -12- ` PLANNINa COMMI88ION MEBTING. JANII�RY 11. 1989 � �y :7� 1 �__ � :7,! � �Y�^ � l4i � � MOT O by Mr. Barna, seconded by Ms. Sherek, to receive the December 8, 1988, Housinq & Redevelopment Authority minutes. IIPON A VOICE VOTB � ALL VOT2NG AYE � CHAIRPBRBON 88TSOLD DBCLARED THS MOTION CARRIBD IINANIMOIISLY. ADJOURNMENT: OT ON by Mr. Dahlberg, seconded by Mr. Barna, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Betzold declared the January 11, 1989, Planninq Commission meeting� adjourned at 9:00 p.m. Res ectfully s mitted, , Ly e Saba Recording Secretary -13- 3L � �' � � , i�� ,,�� 7� 7'>�� %� ss �.3 � , :��-�� P � ..�.�°�_��.�.:; �� _ _ �� K..��-�.-� :/.�'�.��:.z; , � ! �--.i ��..�.1/ ..� �c%-�- � ��``-'� ± G ' _ ,.�.,� � �2�� i-c� � ..c,t�6/ ��v ��u.LvG��. a' , � � �� L�r-�' �.-d..:✓ rG��a-c.c.�2. %�o—�✓� .zc.��u�z��. /. - / /�.C'�G--itG �, ��,ac..rcir� R.e�u,iL rt-L.F�� -t..t � c:�i�G. 4� G�-�uL� � !� �ir.".-t'�i:.f./�Gr.LQ�f- �O� e(�/�jfl�j - Y� =d/L.�/ I ' / G O �, —G�L _.Ciwl�cf/ �Z-t��C/ � � rti� �C/ I C/ � �cJ . Z-� �-�-,-c�/ ��, p-� .��-,-r/� �c..� r.�� —�-f t ¢� ��v � ..G�C�/ �c�+�Y�2.Gi . 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" - ✓ �� s! + i/� � > I _G ►i! � � z� _� � �� i , � ji � ` • .f ' �J % �''''-.`'�`"`-it:'��i:;'f"'.:`�.-�1:� Vv �� ✓�/' ''t'��; � .!�'� i�r:. �f.%�f' i� _ �- i. .� --•�. �' f � . � � � ��f �� '%rl��- �- •� � ,1�� r � � s ..�- � .�. �i�l, � �� • �� 1 �Z,,�ti�.. L,`�S. � ..: s; - l a�/ G� �P-� u� �� z � � 1 J�✓ � V^ � , � J' !� �' .. ��t� /GD G� ��" /'�ri!LNi;i /�!//L /�:[ /��UpGb(i` .y ��f3i� �� .. �a�c�i22GC �� /�f�qy�, /Y1*�. /�.SS, N INNS,B�PdCk �4Q� �� t,E�- t'�N S'54�3 �. . �C ,S �n� Qu�eS �� _ � _ _ . _ _ _ _ � � � crnrof �a..�r TO: FROM: DATE: REGARDING: C011IiMUNITY DEVEL�PMENT DEPAl�T1V�ENT' M EMO RAN D UM � . �,�. William Burns, City Manaqer �' Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator January 19, 1989 Special Use Permit, SP #88-17 The�islamic Center of Minnesota is requestinq consideration of a special use permit to allow a church at 1401 Gardena Avenue N.E. The Planninq Commission recommended approval with seven stipulations. Staff recommends the City Council concur with the Planninq Commission action and approve this request. BD/dn M-89-41 � � � � - � STAFF REPORT APPEALS DATE �(NQF pLA1�VNG CONNNaSSION DATE: January 1 I, 1989 . F'IZIDLEY CITY COI�VqL DATE : January 23, 1989 AUTHOR KC/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE OENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG UTMITES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PI.AN COMPATIBILRY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNMIG COMMISSION RECOMMENDATION SP 4�88-17 Islamic Center of Minnesota To permit a church in an R-1 district 1401 Gardena Avenue N.E. IQ.3 acres R-1, Single Family North, R-1; South, R-1; East, R-1; West, R-1 Available N/A N/A Yes Yes N/A Approval. Approval. � 3R Staff Report Islamic Center of Minnesota, SP #88-17 Page 2 REQUEST � The petitioner, Islamic Center of Minnesota, is requesting special use permit approval to allow a church at 1401 Gardena Avenue N.E. Churches are permitted as a special use in the R-1, Single Family Dwelling district. The R-1 district requires churches to meet the standards stipulated in the CR-1, General Office district. The City should evaluate this request in terms of the nature of the land the use is to be Iocated on, the nature of adjacent land and uses, traffic impacts and other factors as deemed necessary. ANALYSIS Background The City has previously considered three special use permit applications for the subject property. A summary of each follows. 1. SP #86-10 Faith Academy requested a special use permit be granted to allow a day care center at the site. The.Planning Commission reviewed this request and recommended denial for the following reasons: a. Health and safety concerns about the property's maintenance. b. Apparent lack of concern by the petitioner to remedy these poor conditions. This request was tabled by the City Council and subsequently withdrawn. 2. SP #86-16 Church on the Move applied for a special use permit to allow a church and private school on September 16, 1986. This request was heard by both the Planning Commission and the City Council for a period of three months because of concerns regarding traffic, parking and recreational facilities. The City Council eventually approved this request with 15 stipulations. Several of these stipulations required Church on the Move to sign and record a parking use agreement with Totino-Grace Iiigh School. ;Totino-Grace objected to this request which caused the City Council to reconsider the permit and denied it based on the lack of parking. 3. SP #86-17 In response to the denial of SP #86-16, Church on the Move applied 3S Staff Report Islamic Center of Minnesota, SP �88-17 Page 3 for another special use pernait to allow an automobile parkinq lot in an R-1 distri�t. The Planning Commission tabled this item on January 28, 1987 because the petitioner's application was incomplete. The fee owner, School District #14, did not sign the application. Subsequently, this request was withdrawn. Existing Use The Islamic Center of Minnesota is a religious organization which practices the Muslim faith. Approximately 250 families are involved in this organization, 130 of which are from this area. Approximately 200 children attend the Center's sunday school. In addition, these families utilize other activities sponsored by the Center including youth clubs, nature studies, athletic events and other recreational activities. The Center is interested in expanding its operations to include a church. Proposed Use The Center proposes to use the church facilities only on Friday, Sunday and occasional holidays. The library and gymnasium are the designated rooms where the church activities would take place. The library would be used by approximately 40 people for the Friday services. On religious holidays, the gymnasium would be used for services attended by 400 - 500 people. Chief Building Inspector, Darrel Clark, and Fire Inspector, Dick Larson, have inspected the building and have requested some minor improvements. In general, these two rooms do satisfy the Buildinq and Fire Code regulations. Site The site meets all requirements stated in the CR-1 zoning regulations except for parking supply. Churches require one parking stall be available for every three fixed seats. Since this religion uses mats instead of fixed seats, the parking ratio was analyzed at one stall per three people. The proposed use requires 13 spaces for the Friday services and 166 spaces for the holiday services. There are 35 spaces provided on the site. Because of this parking stall shortage, a private agreement between the Center and Totino-Grace High School has been executed. The agreement allows the Center to use Totino-Grace's parking lot on a space-available basis when Totino-Grace is not holdinq normal classroom activity. Staff has contacted Brother Milton, Superintendent of Totino-Grace, and has determined that the Center's need for parking will not conflict with the school's 3� Staff Report Islamic Center of Minnesota, SP #88-17 Page 4 activity. Approximately 260 parking spaces are available on the School property. This supply exceeds the number of spaces required by ordinance. . Other site improvements needed are the installation of concrete curb and gutter around the parking lot� perimeter and the installation of a dumpster enclosure (per Section 205.16.05.D (3) and Section 205.16.07.D (8)). These improvements were previously required when SP #86-16 was approved by the City Council on November 17, 1986. RECOMMENDATION 0 Staff recommends approval of special use permit, SP #88-17, to allow a church at 1401 Gardena Avenue N.E. subject to the following conditions: 1. A masonry dumpster enclosure with wooden gates shall be installed by August 1, 1989. 2. The property owner shall combine individual lots into one tax parcel, as requested by the City Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor may be exempted). 3. If the agreement between Islamic Center and Totino-Grace High School cease to exist, the Center shall at that time apply for a special use permit to expand their parking lot to meet the zoning requirements. 4. Church services shall occur in the library and gymnasium only. 5. All existing hardsurface areas shall be improved with sealcoating, curb and gutter and striping by August 1, 1989. 6. Programmed activities shall not exceed the parking space available on site and at Totino-Grace. In addition, the Center's programmed activities shall not conflict with those of Totino-Grace's which could cause a shortage of space available. � PLANNING COMMISSION ACTION The Planning Commission recommended approval of the special use permit with the following stipulations: 1. A masonry dumpster enclosure with wooden gates shall be installed by August 1, 1989. � Staff Report Islamic Center of Minnesota, SP #88-17 Page 5 2. The property owner shall combine individual lots into one tax parcel, as requested by the City Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor shall be exempted). The wording change subject to a legal opinion from the City Attorney. 3. If the agreement between Islamic Center and Totino-Grace High School crease to exist, the Center shall at that time apply for a special use permit to expand their parking lot to meet the zoning requirements. 4. Church services shall occur in the library and gymnasium only. 5. All existing hardsurface areas shall be improved with sealcoating, curb and gutter and striping by August 1, 1989. 6. Programmed activities shall not exceed the parking space available on the site and at Totino-Grace. In addition, the Center's programmed activities shall not conflict with those of Totino-Grace's, which could cause a shortage of parking space. 7. The property owner shall take care of the weed problem by August 1, 1989. During the public hearing, the citizens and some of the Planning Commission members stated their preference to require exemption of the buildable lots abutting Hillcrest Drive and Oakwood Manor in order to encourage the construction of single family homes. The Commission changed the "may" to "shall" in stipulation no. 2. Staff questioned the legality of this change because by requiring the petitioner to delete those parcels from the main tax parcel, the City would be determining how the petitioner could subdivide the property. The petitioner, however, has no objections to the requirement. Regarding stipulation no. 3, a citizen requested that upon special use permit application to expand the parking lot, approval should be based on a 2/3 majority vote of the affected citizens. The Commission did not make this part of their motion but askecl staff to investigate its legality. The seventh stipulation was added because of a weed problem at the site last summer. STAFF UPDATE Staff contacted the City Attorney's office to determine the legality of stipulation #2 and the request of the neighborhood for 3V Staff Report Islamic Center of Minnesota, SP #88-17 Page 6 a 2/3 vote on a future special use permit application. The Attorney's office has not completed an investigation of these items yet. Their findings will be presented at the City Council meeting. Elsie Hanscom, City Weed Inspector, was contacted to determine the extent of the weed problem at the site. She received several complaints this summer and directed the Public Works Department to remove the weeds. RECOMMENDATION TO THE CITY COUNCIL Staff recommends approval of special use permit, SP #88-17, to allow a church at 1401 Gardena Avenue N.E., subject to the following stipulations: 1. A masonry dumpster enclosure with wooden gates shall be installed by August 1, 1989. 2. Subject to a legal opinion from the City Attorney, the property owner shall combine individual lots into one tax parcel, as requested by the City Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor shall be exempted). 3. If the agreement between Islamic Center and Totino-Grace High School cease to exist, the Center shall at that time apply for a special use permit to expand their parking lot to meet the zoning requirements. 4. Church services shall occur in the library and gymnasium only. 5. All existing hardsurface areas shall be improved with sealcoating, curb and gutter and striping by August 1, 1989. 6. Programmed activities shall not exceed the parking space available on the site and at Totino-Grace. In addition, the Center's programmed activities shall not conflict with those of Totino-Grace's, which could cause a shortage of parking space. 7. The property owner shall take care of the weed problem by August 1, 1989. i N �/2 SEC. 24 , T. 30, C/TY OF fR/ULEY 2� � �_��.' 1 �I'i ---�,-- -i �� ' Q'Q�' � f � � `� �'�� ; :� / % � � �rs `F�: Nw 15 SP ��88-» � 3� Islamic Center of MN 12 0 --....�ss:� a i:v ;• , �. '� �► � g '. f J , �F � �y . �, ' ' � I � M- . w: ' � � � ..1°. �3 � .�.. .�r I� � � '^ .� �� -R �� •�. `1' �1 I � � '..�. Y' ;\;�: _ ', � 7_ :°� � � � � � � ��:.E�W� - � ,... -- -� � � ��P.A ��R'- r�� . _ ,�� i"r p•''� � �� ADD/T/ON _�4 - r' -. , � � ':� , s'CHODL � � _ -T , � �. 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".'�"a'- - _ . e z� �""_— , � ' . ` T � � _ � : : , e � `" =1 '4—Z.T' — . . . . . •�t��v�M6 � � • � � o : ".— � , � '.� , pd►,�+t K�. = . � . —. � . � �s�,�. : � (��, , - � (�j � U - : Y . �Qeei,n . _ _ 1 1�� , � ' � � � -�.-� i� H�+tlr�l � ,�Z ,��,� _ � :� .. � � � �' D_� i= � :o n � _r M ~ � �� v Z � r � ,� m z� n .+ E o � --i � ,.cnl cn —1 tn D. ,00=�v r V� r.. � 0 rn -- N � � � _ � �t.1 A D. � O : Z Z Z D' v G� G� FLOOR PLAN. . 3AA CITY OF FRIDLEY PIANNING COMMISSION MEETING, OCTOBER 8, 1986 � CALL TO ORDER• • Chairperson Billings called the October 8, 1986, Plan ' g Commission meeting to order at 7:35 p.m. . ROLL G�►LL : Members Present: Steve Billings, David ndrick, Dean Saba, Donald Betzold and Sue Sher rlembers Absent: Rich Svanda an 1 Gabel Others Present: Jim Robin n, Planning Coordinator Jock Ro rtson, Community Development Director aPPROVAL OF SEPTEhBER'24, 1986, PLANNING COrIlNISSION MINUTES: ri0TI0N BY I�t. NDRICK, SECONDBD BY I�IIt. BETZOLD, TO APPROVE THE SEPTEriBER 24, 1986 PIr1NNI COrII�fISSION MINUTES WITH THE FOLLOWING CHANGES: PAGE 14, PARr1GRAPH , CHe�NGE THE WORD "FORD1r1LLY" TO "INFORrWLLY" AND ATTACH THE SIGN-IN HEET. UPO A VOICE VOTE, ALL VOTING AYE, CtiAIRPERSON BILLINGS DECiARED THE MOTION RIED UI�NIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #86-16, BY CHURCH ON THE PlOVE : Per Section 205.07.1, C, 2 of [he Fridley City Code, to �llow a church and private school on Lots 2, 3 and 6, exceptthe South 200 feet thereof, Meloland Gardens, all located in Section 24, T-30, R-24, Anoka County, Minnesota, and Lot 4, Meloland Gardens, located in Secticn 24, T-30, R-24, Anoka County, Minnesota, and Lot 5, except for the Wester�y 110 feet of the Southerly 200 feet, Meloland Gardens, located in Section 24, T-30, R-24, Anoka County, Minnesota, and Lot 1, except for the Southerly 210 feet, Meloland Gardens, located in Section 24, T-30, R-24, Anoka County, Minnesota, and Lot 17, Auditor's Subdivision No. 92, Anoka County, Minnesota and Lot 33, Block 3, Moore Lake Hills, Anoka County, Minnesota, and Lot 1, and Auditor's Subdivision No. 92. Lot 17 may be encumbered by a recreational lease running in favor of the City of Fridley, the sac� being 1401 Gardena Avenue N.E. MOTION BY l�t. KONbRICK, SECONDED BY MS. SHEREK, TO idAIVE'THE READING OF THE PUBLIC HEARING NQTICE AND OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, (�1AIRPERSON BILLINGS DECLARED THE PUBLIC HEARING OPEN AT 7:37 p.m. � PI�NNING CO�L�tISSION r�ETIIvG, OCTOBER 8. 1986 PaGE 2 I�. Robinson stated this is a request for a special use permit to operate church facilities at what was Faith Academy and prior to that time, Gardena School. He stated the property is zoned single family and located in a single family neighborhood actoss the sr.reet' from Totino-Grace High School. Mr. Robinson stated the petitioner, I�. Mark Anderson, President of the Church on the rbve, is requestin� to couduct church services in the K)'mnasium andthe request doesn't include any new building con- struction. He stated there a:e 600 membe*s in the congregation and they would hold two services on Sunday with about 3Q� attending the morning service and about 150 attending tne evening service. He stated a neighborhood meeting was held several weeks ago with approxi- mately 35 persons attending to exchange ideas and hear any concerns from the residents. r1r. Robinson stated if the special use permit is approved, staff is recommending the following stipulations: (1) All existing hardsurface areas to be improved with sealcoating, curb and gutter and striping; improvement date to be reviewed in one year; (2) An approved dumpster enclosure to be installed by October 31, 1986; (3) Remove or repair deteriorating playground equipment b�• October 31, 1986; (4) Combine individual lots into one tax parcel, as requested by City Assessor prior to final approval; (5) Provide for and record at Anoka County, a parking use easement with Totino-Grace High School, for use of Totino's parking lot (off Gardena Avenue) on Sundays; (6) This special use permit for church uses is [o be coterminous in duration with parking use agreement; except where installation of new parking on-site would suffice; (7) This special use permit is issued for Church on the rb ve only; (8) This special use permit does not cover any new construction; (9) A$5,000 bond to cover items 1-4 to be issued to the City by October 21, 1986; and (10) This special use permit to be reviewed prior to ex piration of parking agreement or in one year, whichever comes first. I�r. Robinson stated that :�r. Anderson had worked out an arranRement with Totino-Grace to use their parking lot on Sundays. This aRreement could be terminated h�• either part�. Mr. Robinson stated he felt it would be to ever�one's benefit to trn and extend the Iength of the parking agreement with Totino-Grace to at least one year. He stated it should be noted that this document should be completed prior to written approval by the City of the Special Use Permit. He stated he believed Mr. Anderson is aware.of the stipulations and is in agreement. • "ir. Anderson, President of Church on the Move intexnational, stated. in August, he met with the Chainnan of the Board for Faith Academy and discussed takinR over the school which was having financial difficulties. He stated thev came to terms to take over the school with the idea of holdinR their church services in the gymnasium. He stated he wasn't aware a special use permit was required as this is not necessary in Minnetonka and Bloomington. , 3CC ;� PLANNING COrL�ffSSION MEETING, OCTOBER 8. 1986 _ P�GE 3 I�h. Anderson stated he has spoken with Dr. Ray at Totino-Grace in regard to the parking and they have agreed Totino-Grace's parking lot can be used. He stated a contract has been drawn which indicates Church on the Move can use Totino-Grace's pa_king lot for their Sun- day services. He stated if a conflict arises, they would need to _ make other provisions. Mr. Anderson stated they were going to assume the $580,000 contract for deed on the building, but the company_through which they are seeking bonds has to have the first mortgage on the property. Mr. Anderson stated they met with neighboring residents and a:ot of questions were raised about maintenance on the property. He stated he assured them the property would be maintained as they have a regular maintenance person and have purchased Lawn and snow removal equipment. He stated they also plan to replace part of the play- ground equipment. He stated the consensus of the meeting was that the residents would like [o be kept informed of their plans. He stated the long-range plan for the property is to seek to build a sanctuary, but right now it is not known when [his could be done. l�tr�. Anderson stated he shared some of their future plans and really was under no obligation to do so. He stated some of the residents' concerns was they didn't want to see access through the side streets or disturb the natural area of the pond. He stated they also share these same concerns. rh. Anderson stated he found out yesterday that a Large group of people had signed a petition as it relates to their future plans. He stated, at this point, any future plans are speculative, but found out there were all kinds of strange ideas and stories being circulated. I�. Kondrick asked Mr. anderson if he had any problem with the stipu- lations recommended by staff. Irh. Anderson stated he didn't quite understand combining individual Iots into one tax parcel. rbr. Billings stated the purpose is to identify the property as one tax parcel rather than several parcels. I�. Anderson stated he would then have no problem with [his stipulation or any of the others. He stated they didn't install parking on the site as the neighbors indicated they didn't want it. M►-. Billings stated the agreement for parking with Totino-Grace" covered their parking on Sundays, but asked if they conducted mid- week services. 1►�. Anderson stated they have services on Wednesday, but plan to change this to an individual Bible study. Ae stated they would not have a large crowd on Wednesdays. I�. Billings asked the current capacity of the parking lot on this site. Mr. Robinson stated it is about 25 spaces, but isn't striped. PI�Nl\ING C0�4�QSSION r�ETING. OCTOBER 8. 1986 PAGE 4 I�. Robinson stated no plan was submitted for an expansion or new construction and wanted to make it clear to the peti[ioner and residents that this special use permi[ does not cover a new church facility, but simply to use the present gymnasium for church services. I�h. Saba asked Mr. Anderson the plans for long-term permanent parking. I� . Anderson sta[ed they took over this facility five weeks ago so really haven't taken the time to examine it. He stated whatever is required they would meet the qualifications. I�. Robinson stated another stipulation probably should be added that programmed activities wouldn't exceed the parking supply available either on-site or at Totino-Grace High School. Mr. Robinson stated a petition was received in opposition to this special use permit as well as a letter in favor of the special use permi[ . Mr. Galen Carlson, 601 Rice Creek Terrace, a member of Church on the Move, stated he knows everyone wants a good community in which to Live and fett the influence of a church upgrades the community, He stated the request is to hold their services in the gymnasium and knows neighbors may have fears about parking and congestion. He stated he was in the area when a football game was being held at Totino-Grace and felt they would cause a lot less disrup[ion. He asked for the Commission to give a tavorable decision on the request for the special use permit, P�. Flolid, 6053 Woody Lane, stated at the neighbarhood meeting, he felt the church was receptive to the residents' concerns and stated he was in favor of the special use per mit. rtr. Hamernik, 1340 Hillcres[ Drive, stated he was in favor of the special use permit. r�. Roith, 1314 Hillcrest Drive, asked what would happen if Totino- Grace decides not to let the church use their property for parking. Mr. Billings stated if at any time, they lose their parking privileges at Totino-GYace, it would be necessary for Church on the Mave to �ome again betore the Commission [o provide additional parking or lose the special use permit. I�. Roith stated in talking to the School Board, there was some con- demnation of land in order tliat Gardena School could be built. He stated as long as the School District had any interest in.the property, the playground was to b� maintained for use by the residents. He stated if the church does not assume the contract for deed, this agreement vaild rerminate. Mr. Robinson stated the lease ran in favor of the City and if that isn't the case, a new easement can be recorded. � �C �� 3�E , PIANhING COMMISSION rIEETING. OCTOBER 8, 1986 PAGE 5 I�. Anderson stated the lease ties into the contract for deed and stipulates there would be some equipment maintained for the benefit of the community. He stated it see ms strange that this becomes an issue when there was an agreement in the past and nothing was done.- He stated they would rebuild the playground equipment, and had no objection to continuing such a stipulation. Ms, Ardella Foco, 1345 Gardena Avenue, asked why the residents were not notified that Faith Academy was in financial trouble. She stated Mr. Anderson stated they had plans to build in the spring at a cost of about $700,000. She stated this wou?d be in her back yard and the area is now crowded. Ms. Foco stated whPn they bought, this was suppose to be a residential area and has been anything but residential. I�. Billings stated he cannot answer the question why Faith Academy didn't inform the residents of their financial difficulties, but felt they were under no obligation to do so. He stated the request before the Commission this evening involves using the school gym- nasium for church services and does not involve any new construction. Mr. Bittman, 1120 Gardena Avenue, asked if the special use permit is approved and the church decides to build, if they would have to come back to the Comnission. Mr. Billings stated if there are any plans submitted for construction, another public hearing would be held ana input received at that time by anyone who has concerns. Mr. Bittman stated he cannot see anyone purchasing this property for $800,000 without any guarantee they can expand in the future. He stated they have enough traffic and didn't want any more congestion in the area. Ms. Roith, 1314 Hillcrest Drive, stated she knows [his willinot end with the congregation holding their services in the gymnasium. S}ie stated future plans is what they wish to stop as they don't want a church in their back yard. Mr, Anderson stated their immediate concern is to have a double use of the property in order to sustain the school. He stated when the time arises, if they cannot build a church on this property, they would be in a better financial situation to purchase property elsewhere. He stated it is their desire, at some point in the future, to build a church, but the�• have no plans at this time. Ms. Roith asked if the entrance into the parking lot was;wide enough to accommodate both incoming and outgoing traffic. A�h'. Robinson stated he believed they have the required 25 feet. A parent of one of the students stated he drives there every morning and doesn't have any problem when he passes another car, 3FF. � PLAPiIv ING CO1�L�fISS ION MEETING. OCTOBER 8. 1986 PAGE_ 6 I�. Kaspszak, 1317 Hillcrest Drive, stated the pond behind the school is governed by the Department of Natural Resources and they may be concerned with this cr�atter. He stated he believed an Environmental Impact Study should be made, as well as a traffic ' study on Gardena Avenue. Mr. Tiller, 1535 Gardena Avenue, stated it wa$ the residents in the area who made it possible for Gardena School to be at this location. He stated the land should be kept open and all one plot. Mr. Minear, 1291 Gardena Avenue, stated he was opposed to this special use permit. He stated if there is a viable church program, events will be going on during which are normal quiet times for the neigh- borhood. He stated they [olerate the school as most of their traffic is during the week days. He sta[ed he could not visualize a church with a seating capacity of 800 people and a parking lot the size of Totino-Grace's on this property. He stated the residents strongly object to access onto neighboring residential streets so all the traffic would use Gardena Avenue. Ms. Palmer, 1329 Gardena avenue, stated Mr. Anderson stated at one meeting it would be so me time in the future they may build a church. She stated a few weeks later, he s[ated they plan groundbreaking in the spring of 1987. She stated she believed parking would be a problem and if tf�ere would be any guarantee people would not park in front of their hom�s. P�. French, 1469 Gardena �venue, stated the last thing they need is parking on both sides of Gardena Avenue. He stated Gardena Avenue is alreadv a"race track" and they don't need any additional traffic. T�. Solomon, 1211 Gardena ?,venue, stated he questioned how I�. Anderson can say they have no plans to build a church. He felt they do have future plans which will affect all the residents. r�. Shorma, 5916 Oakwood Manor, stated he was neither speaking for or against this special use permit, but stated St. William's Church did conduct church services at Totino-Grace several years ago and didn't know if t;:is affected the traffic patterns. I�. Manning, 1315 Hillcrest Drive, asked if there has been any survey or study on the traffic that would result from the church services. I�. Robinson stated a study has not been conducted. Mr. anderson stated it has been suggested to the City Engineer that crosswalks be installed and possibly putting in some s[op'signs. He stated he believed Ehe issue had to be addressed. 1�. Manning stated he was concerned if the special use per mit were granted, the fact would be established that the church can function on this property which leads [o the possibility of expansion. He stated he understands�a considerable amount of money was spent on PLADTIvING COAIl�tISSION r1EETING, OCTOBER 8, 1986 _ PAGE 7 blueprints for a church in another area which the :hurch hopea could be adapted to this site. Mr. Johnson, 1495 Gardena Avenue, stated he was not opposed to this special use permit, but would b�e opposed to any new con- ' struction. He stated they have enough traffic problems and wouldn't want a new church. ' � I�. Betzold asked Mr. Robinson what may be the use of the property, if the special use permit were not approved. 1�. Robinson stated the special use permit is required because of the church services only, and the property could be used for a school. Mr. Klucsar, 1337 Hillcrest Drive, stated he felt, in the future, there would be a need for more schools and the School District should buy it back from Faith Academy. He stated he is not against churches, but wondered why they should provide streets and facilities for persons who probably don't even live in Fridley. Ms. Foco asked if there is any possibility of the property returning to a residential use. Mr. Billings stated if someone other than Church on the Move were to buy the property, it may be possible to develop as residential. He stated at this point, it appears Faith Academy has a willing buyer and felt the odds of that happening were very slim. Ms, arlys Jenewein, 1342 Hillcrest Drive, stated she can sympathize with r'h. Anderson, but if they do build a church, more than one access would be needed for the parking lot. She stated she wouldn't want to see the existing walkway turned into a thoroughfare. I�tr. McLaughlin, 1050 Gardena Avenue, asked how many parking spaces would be required if a church was constructed. Mr. Robinson stated the method used is one parking stall required for every three or four seats. Mr. McLaughlin stated another piece of property is being used in order to meet the parking requirements and objected to this procedure. 1�. French stated if additional parking had to be provided on Church on the Move's site, there would be additional runoff and wondered how it would affect the storm sewer. He stated he could see some potential problems arising as a result of any expansion of this. facility. Mr. Morris, 1341 Hillcrest Drive, stated if the special use permi[ is granted and the property properly maintained, it would be difficult for the Commission in the future to deny the church the right to park on their own land. He felt the problems now would be a lot worse if things develop further. 3GG 4 3H� � PLANI�ITG CO�L`QSSION MEETING. OCTOBER 8. 1986 PA(� 8 I�. Tom Jenewein, 1342 iiillcrest Drive, stated his main concern is bringi� additional people into the area. He stated Fridley has a lot of fine churches and knew very few people belonging to this denomination and asked where these persons resfde. _ 1�. Anderson stated they have a number of people in the Fridley area that belong to their congregation. He stated Fridley is the best central location for them. He stated they had a full set of plans done for a site in Brooklyn Center and, iE they proceed to build, it is hoped these plans will adap[. Mr. McLaughlin stated even on the best of days, the interse:tion at Gardena and Old Central is very difficult. He stated he would ask the Commission to consider the public's safety as placing addi[ional traffic on the street wouid ad3 to the problem. r�. Robinson stated based on the neighborhood input, staff could re- quest the Engineering Department to issue a study on the traffic. TLs. Sherek stated she realizes Old Central is a State road, but felt possibty a signal is needed at Gardena Avenue and Old Central. rtr. Kaspszak felt the City should request an Environmental Impact Study. rtr. Robinson stated at this time, there is no new construction planned. r�. Kaspszak stated if he was r�. �nderson he would want to know his limitations for the site as his plans may be mute. r�. rtanning asked if the special use permit were granted if this re- stricts them to using only the gymnasium for their church services. r�. Robinson stated they would be restricted to the gymnasium for church services. I�. Kevin Dooley stated he belongs to the church and lives in Blaine. He stated about 20 of the parishioners live in Fridley. He stated the church cares about families and children and invited persons to attend. . 1� . anderson stated whether or not this special use per mit is granted greatly impacts the success of the school as they need the use of the gymnasium for church services in order to succeed. MOTION BY MS. SHEREK, SECONDED BY I�t. BETZOLD, TO CLOSE THE PUBLIC HE�RING. UPON A VOICE VOTE,�ALL VOTING AYE, CHe�►IRPERSON BILLINGS DECLARED THE HEARING CLOSED AT 9:05 p.m. . MOTION BY 1�Ht. BETZOLD, SEC�NDED BY I�IIt. SABA, TO RECEIVE THE PETITION IN OPPOSITION TO THIS SPECIAL USE P'ERMIT. UPON A VOICE VOTE; ALL VQTING AYE, CHAIRPERSON BILLINGS DECLARED THE M OT ION C�►RR IE D UNAN IMOUSLY . � PLANNING COrL�fISSION MEETING. OCTOBER 8, 1986 PAGE 9 MOTION BY 1r6. SHEREK, SECONDED BY MR. SABA, TO RECEIVE THE LETTER FROP1 DR. AND MRS. ZWICKY IN SUPPORT OF THIS SPECIAL USE PERMIT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. . Mr. Betzold stated he felt the residents' concerns center around the possibility of a new church which really isn't the issue before the Commission this evening. He stated if plans to construct a church were being submitted this evening, he didn't believe the Commission would be very rece ptive. I�. Betzold stated the issue is whether the building can be used for church services, in addition to being used as a school. He stated he is aware of traffic �roblems in the area, but didn�t feel that would be resolved by denying the special use permit as someone else could use the building for school purposes. He felt this proposal is no better or worse than what the building has been used for in the past. Ms. Sherek stated she didn't feel it was appropriate to look at approval or denial on the basis of what might happen in the future. She stated the :equest before the Commission is to use the gymnasium for church services, and felt it was an appropriate use of the building. Ms. Sherek stated additional traffic would not be added during the week from this use, but shared the residents' concern if people would park on Gardena or use the parking lot. She felt, however, if the street was posted with "no parking" signs, it would also affect the residents. I�. Saba asked what authority the City would have to post "no parking" signs on Gardena Avenue. Mr. Robinson stated there are "no parking" signs on the north side and if the south side were to be posted, the City would consider the residents' feelings and also if Totino-Grace High School would be in favor. I�. Kondrick stated the church could request their parishioners to park in the parking lot. He felt the traffic is a problem, but the Com- mission cannot address issues that may happen in the future. He stated he cannot see any reason to deny the special use permit. P�. Saba stated he spoke with some of the residents anc} know they have real concerns. He stated it seems Church on the Move wishes to 'prove they can be good neighbors and are taking care of some of the mainten- ance problems. He stated he can see some positive things happening i€ this is used as a school and maintained properly and l;imited to use as a gymnasium-type church. Mr. Saba stated he has some concezn about the property being one parcel and asked if the church were to sell part of the property, if they would have to come before the Commission for a Lot split. l�h. Robinson stated if the property is platted, a public hearing would be necessary. �� PIs�NDIING COTQfiSS ION MEETING, OCTOBER 8. 1986 PaGE 10 Mr. Robinson stated staff would reco�nnead two other stipulations regarding parking for programmed activities and providing the recreational easement. Mr. Billings stated City ordinances provide churches are allowed in an R-1 zone, with a special use permit, and in order to deny this request, it would be necessary Co show that approval of this permit would cause a problem in the neighborhood by affecting the public safety, health or welfare of the residents, or result in a decrease in property values. 3JJ MC?TION BY I�t. BETZOLD, SECONDED BY I�t. KONDRICK, TO RECOMr�ND TO THE CITY COUNCIL APPRO�VAL OF SPECL'►L USE PERrQT, SP �F86-16, FOR CHURCH ON THE MOVE, TO ALLOW a CHURCH AND SCHOOL AT 1401 C�RDENA AVENUE N.E., WITH TNE FOLLOWING STIPULATIONS: L 1. All existing hard surface areas to be improved with sealcoating, curb and gutter and striping; improvem�nt date to be reviewed in one year. 2. an approved dumpster enclosure to be installed by October 31, 1986. 3. Remove or repair deteriorating playground equipment by October 31, 1986. 4. Combine individual lots into one tax parcel, as requested by City �ssessor prior to final approval. 5. Provide for and record at Anoka County, a parking use easement with Totino-Grace High School, for use of Totino's parking lot (off Gardena Avenue) on Sundays. This document compLeted prior to written approval by the Cf ty of the special use permit. -� 6. Special use permit�f�86-16, for church uses, is to be coterminous in duration with parking use agreement; except where installation of new parking on-site would suffice. 7. Special use per mit ��86-16 is issued for Church on the Move only. 8. Special use permi[ #86-t6 does not cover any new construction. 9. A$5,000 bond to cover items 1-4 to be issued to the City by October 21, 1986. L0. Special use permit ��86-16 to be reviewed prior to expiration of parking agreement or in one year, whichever comes firgt. 11. Prograagned activities will not exceed [he parking supplied on-site and/or at Totino-Grace when available. 12. Recreational easement in favor of the City oi Fridley, prior to final approval by the City of the special use peraiit. UPON a VoiCE vOTE, ALL vOTiNG AYE, CNAIRPERSON BiLLINGS DECIARED THE I�DTION C�►RRIED U13�1NII�USLY. 31C� PL�NNIrG COrL*fISSION MEETING. OCTOBER 8,_ 1986 P�GE 11 The Commission requested the City's Engineering Department sub- mit a report on their perception of the traffic issue as it relates to the church and this special use permit. Mr. Billings stated this item would go to the City Council on . October 20, 1986 and the Council would have the final decision on whether or not the special use permit is granted. 2. PUBLIC HEARING: T�BLED 9/24/86: _CONSIDERATION OF A SPECIr1L USE PER- rIIT�SP ,�86-13 BY RONr1LD CHRISTENSEN OF R.T.C. aUTOMOTI_VE: Per Section 205.14.1, C, 4 of the Fridley City Code, to allow�a repair garage on Lots 1, 2 and 3, Block 3, City View, the s me being 5755 University Avenue N.E. r10TI0N BY rR. KONDRICK, SECONDED BY MR. BETZOLD, TO RF�,MOVE THIS ITE M FROM THE TABLE AND RE-OPEN THE PUBLIC HEARING. � UPOI� A VOICE VOTE, �LL VOTING AYE, CH�►IRPERSON B�LINGS DECLARED THE HE��iING RE-OPEN AT 9:28 p.m. � P�. Robinson stated this request for a speci 1 use permit is to allow a repair garage at the Iocation which was eviously Shorty's Towing at 5755 University Avenue N.E. He stated e understands that pre- sently three businesses are proposing t use this property. Mr. Robinson stated the petitioner is pro sing to use the building for a repair garage, another person oper tes a lease and sales business, and the owner who intends to use t s[orage yard in the winter months for his towing operation. Mr. Robinson stated if this s cial use permit is approved, staff would recommend the followin stipulations: (1) Install landscaping as per City plan dated Sep mber 24, 1986 including sodding, planting and edging and rock mulch with weed barrier for each shrub bed by October 31, 1986; (2) vide automatic lawn sprinkling for all green areas by October 31, 1 86; (3) Provide six inch concrete curb and gutter around all ha surface and driveway openings, as per City plan dated Septembe 24, 1986 by October 31, 1986; (4) C�rb openings to be modified to omply with City plan dated September 24, 1986 by October 31, 198 ,(S) Sealcoat and stripe parking lot as per City plan dated Septembe 24, 1986 by October 31, 1986; (6) Provide hard sur- face driveway ten feet into storage yard on north and south as per City plan d ed September 24, 1986 by October 31, 1986; (7) Provide eight foot igh solid wood fence and gates (material and style to be approved y City) as per City plan dated September 24, 1986 by October 1, 1986; (8) All refuse and waste :-tiaterial shall be stored in du sters to be located inside storage area immediately; (9) ALL mate als including inoperable vehicles shall be stored �nside stor- age yard, below top of fence, immediately; (10) Remove or relocate t center of storage yard the blue-green trailer in storage yard; 1) Remove all vehicles intended for sales or leasing iaenediately. his special use permit is for auto zepair only; no sales or leasing of vehicles is or will be per mitted on this site; (12) Remove truc k 4. 5. 6. 7. K��y.�1�. v��+��1 � • ' ��1= ' - � �!?l. = y �!_ . . w ;_�� 1 . 1 � O��mcilman Sciv�eider asked if this ordinanc�e w d prohibit a person f ran �arking a vehicle with a for sale sic� in th ' r vwn driveway. Mr. Herrick, City Attorney, stated he would check furthe regarding this question. N1�TION by Councilman Fitzpatrick to ive the reading and approve the ordinanoe upon f irst reading. Seoon by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayo Nee declared the motion carried unanimously. Mr. Imberts�n, Q�ma�►�nity elopnent Di rector, stated Dr. Dahl' s of f ioe was �ntacted to inform him s rezoning, vacation, and variance requests were on the Q��mcil's agen for this evening. Ae stated he was advised that Dr. Dahl was out of taw and was not expected back until Tuesday morning, October 21. Ae sta d Cotincil may wish to table these it�ens �ntil Dr. Dahl can be �resent. 1�DTD�N b� Onim ' man Sc3�reider to tab�le this item, as well as items 6 and 7C, whic3� all rtain to Dr. Dahl's property to the next douncil meeting. Sea�nded by i.aicilman Barnette. Up�n a voioe vate, all voting aye, Mayor Nee declar the motion carried unanimou.sly. �is item was tahled, �nder itsn 5, until the rext �uncil meeting. • a« +/ �. 4�!. MI �ll4_. � 4:!_ �. ;_� �. ��ylyl � �1� �! _y��. • ��,c . • : . •�.�.. }��?��: M1 �.� • '}�±� : .�!_ ' ��4_ �' �� :- - !, : �!�l li��t ;.�1� �� \[: 4_ .«�!��f �_��!__�� ! 4�� ,. 1 ._�+h��: : l�+�11_ � _ => 4:!_ «:llU«t �<� 4.! u�.� Mr. R�bertson, Cbmminity Developnertt Director, stated this is a request for a special use permit for �urch on the l�b�ve to oonduct church servioes in the c�mnasiun of this scfiool. Ae stat�ed there are apFcoximately 600 manbers in the aongrecption and two rhurch servioes would be held on Sunday, one in -4- 3LL , .. rnr�,nvc�rr �� O OC'il'7�IIt 20. 19$6 the morning with about 300 people attending and one in the evening with ab�ut 150 people attending. Mr. Imbertson stated neic�borhood meetings were held by fhurch on the Mave with neighboring residents to answer some of their questions and aoncaerns. - Mr. Rabertson stated the planning CAmmission recommended approva2 of- this special use permit with.l2 stipulations whid� are included in the O�uncil's agenda. He stated the planning Commission requested the City Engineer to sutmit a rep�rt on the traffic issue. Mr. Flora, Pu41ic Works Director, stated he has met witt� the Administrator of the sc�ool and the discussions oentered primarily on the dropping-off and picking-up of stuc�nts. He stated both schools (Church on the Move and Totino-Graoe) start and end their academic day at approximately the same time causing o�ngestion with student p�ckups and in the hic,� school parking lat. Ae stated ore solution oould be staggering hours so vehicle usage oo�a ��a o�Qr a longer period of time and decrease the o�ngestion. He stated another alternative would be to relocate the dro�roff point for Clzurch on the l�bve to the west end of the building. Ae stated this would allow vehicles to er�ter the existing driveway and establ ish a que 1 ine to the entranoe and within the existing lat. Ae stated a third option woutd be oonstruction of a road and c�iveway arotnd the existing building to secve as a que area and pravide for easy acc�ess to and fram the facility. Mr. Flora stated the plaoemetit of a crosswalk between TotirxrGraoe and this property was also a�s�s�a, but there is a problem as there are no sidewalks and, with the facilities laated in the middle of the block, it would tend to give a false sense of security for the pedestrian. Ae felt this dich't lend itself well to a safety aspect. Mr. �'lora stated as far as the vehicle parking in Totino-Grace's lot for church servioes, this woulcll't be a probl.en as Z'otirrrGrace would not have any activities at their sd�ool during this time. He stated the iritersection at Gardena and Old Central was also discussed. Ae stated in order for a stop light to be plaved at this iritersection, it would have to be appraved tr� the Q»ty Hic�way Department and satisEy the reoessary traffic warrants to justify a sicg�aled intersection. He stated, currently, there are inadequate vehicles to satisfy the warrants. He stated the City is proposing to reduoe the volune o� traffic on Old Central befiwen Rice Creek Raad and Hic�way 65 with impravenents at those intersections. Councilman Schneider asked if Church on the lrbve was the awner of the pcoperty. Mr. Anc7erson, the petitioner, stated they have a purchase agreenent for the property, but closing has been 3elayed as part o� the abstracts were Iost. Mr. Herrick, CYty Attorrey, asloed Mr. Anderson if the agreenent theY have is with Faith A�demy ar School District No. 14. N�. Anc3erson stated they cb not have any agreenent with the School District, as they are puucdiasing the sdzool fran Paith A�eaac3emy throuc� boncls to �ay a�f Frevious funding. -5- G 3MM �.•.1��! vi?!?ly��. • • �,•%:-- ' � 31� Mr. Herrick felt, technically, the fee avrer should sign this request for the special use permit. He stated if the Council were to approve this special use permit, ore of the mnditions was the permit would be granted after Ct�urch on the Move became the fee c�wrer of the property. I�. Anderson, the petitiorer, stated he aplxoadied Faith Acaclemy in August about the possitale purchase ai the school. He stated they have signed a purchase agreenent and a mave-in agreenent and took over operation of the school imnediately. Ae stated, at that time, he reveived a Fhore cal l f raa the City advising him a special use permit was needed for them to oonduct church secvioes in the �mnasicm. Ae stated they wanted tiie school for a double use school and church in order to make it e�nomically feasible. Ae stated it was discussed, if the actual aarers should file for this special use permit, and it was suggested they mabe apptication as they w�ere the ones holding the church servioes. Mr. Anderson stated a meeting was held with the reic�b�ring residents where they e�ressed their a�noerns. Ae stated most of the �naerns involved the care and maic�tenanae of the property. He stated they have cleaned-up the property and purchased laan maintenanoe equipnent. I�. Anderson stated he was asked about long-range plans and stated, at saae point in time, they may a�nstruct a new building. Mr. Anderson stated he has oarttacted the Superintendent of Zbtim-Graoe, Dr. Ray, and a o�ntract for p�rking has been drafted. Ae stated it would be several c�ys before final appcaval is reoeived fran Zbtiro-Graae as this has to g� before their Board. He stated the agreement allows then to park 100 cars on Totirio-Graoe's parking lot and meets the legal oonditions required lx the City. �uncilman Schneider stated his o�noern is the parking and traffic. Ae stated arbther key issue which came up at the neic�rhood meetings was if �urch on the M�ve was willing to sell the Faroel o� prope rty which fronts on Hillcrest Drive. He stated the a�nvern of residents in the area is that this Faroel may be �ed for access, if a church were to be built in the future, and residents dich't want this property to be used as a feeder onto Hillcrest Drive. Mr. Anderson stated these types of questions are diffiailt to answer because they have been at this location less than a month. Ae stated when he met with the residents, he was very honest and stated they would like a neW building. He stat�ed this resulted in opening a whole "can of worm's" when a11 they re�lly wanted was to meet in the c,ymnasiun on Sundays. Ae stated they cbn't have a plan for this property so the question is diff icult to address. � m�cilman Schneider stated this question isn't beface the Qouncil, but it seens a key issue as far as safety and public welfare being met for this use. He stated he has a mnoern if there was sic�if icarrt exp�nsion how this would affect trafffic patterns on Gardere and Hillcrest. Mr. Anderson stated their ilmiecliabe oonvern is to have a double use of the -6- M.1�.�1�. v��+��1 �_ �:' � 4�� =_?�� :,. building in order to s�stain the sci�ool. Ae stat,ed he is not even sure if this property would be the best pl.aoe for then to expand. He stated that question hasn't really been addreseed and is�'t the long-range vision. Mr. Roith, 1314 Hi1lc�est Drive, stated the parking agreenent was negotiated with Dr. Ray and there was no ap¢wal by the Board. He stated he dic�'t believe Zbtino-Graae would grant a long-term Farking arrangement. He stated Totiryo-Graoe has reaeived oomplaints frcm the neighb�rhood because of the wrrent traffic. He stated he is �noerned about the traffic and if the c�rmnasiun has been inspected by the Fire Departmerit for this type of use. Mr. Md,aughl in, 1050 Gardena Avenue, stated his biggest concern is the additional traffic. Ae stated fram a practical standpoint, there is a safety issue as he has witnessed ar� reo�rded quite a few accidents at the intersection of Gardena and Old Central. He felt the special use permit should not be grarited, without sicpalization of this iritersection. Ae also �elt Farking should be prwic3ed on the school's own property and questioned if the �cle allaws far parking off this site. _ Mr. Aerrick, City Attorney, stated there is an ordinance that permits parking, with a spedal use pemit, on adjaoerit properties and believed some of these cases have previously been before the Q�cmcil. He fe�t there were cases where a cieveloper of �mmercial property has requested a builcling permit and the Frop�sed parking is adjacent on residential property. Ae stated it may not be a perfect analogy to what is presented in this situation, but has a great deal ai similarity. �tmcil�n Sdzrieider asked what would happen if there is approval of the special use permit and the parking agreenerit with Zbtino-Graae and cbwn the raad, the parking agreemer�t is terminated. Mr. Herrick asked if the parking agreement is terminated, if there is adequate spaoe on C�urch on the i►�Iove' s site to �nstruct the ntanber of parking spaves required. Mr. R�bertson stated there is adequate space to meet the parking requirenents. Mr. Herrick stated if the Council grants the special use permit, with Farking on Totina-Graoe's site subject to a reoordable agreenent, that there be an additior�l Frwision that if the agreenent is terminated, in order for the special �e permit to oc>ritinue, an equal n�mber af spaoes would have to be wnstructed on the subject pcoperty. Mr. Anderson stated he believed this is already o�vered in stipulation No. 6 reo�manended tr� the Planning Crainnission. � ��cilman Schneider stated when the Faith A�clemy, there was an agreanent for recreational u�e. Ae asked if a would affect this recreational area. School District sold the school to rec$rdfng a green area to r�nain open parking lot was o�nstructed, if it Mr. Flora stated staff hasn't looked at the requirenent on what additional spaoe woald be desic�ated for parking so wouldn't lalow if this would be 7- • • �. t�.y� 4��+�y �, • ' � 4��;: �• � 3PP �.. affected. � Mr. Anderson stated there was a paragraFh in the cAntract for deed bebween Faith Aaadany and the School District which prwided for this fecreational or green area. He stated there is a playground area, basloetball oourt, and open area in the upper partion of the property. He stated they have aqreed to keep this recreational easement as a stipulation to the special use permit. He felt e�ansion of the Farking lot would talae a portion out of a forg�tten ball field. Mr. Herrick felt if this stipulation is to be implenented, there should be a specif ic description of the area s� it is easily identif iable. Mr. Bittman, 1120 Gardena Avenue, stated in diswssions with Dr. ihy, orye of the questons asked was if Totino-Graoe would permit more than a 30 day parking agreenent. He stated he was advised the Board would have to make this decision. I�. Bittman stated they cb not need more traffic as his fanily has had two aocidents in the ten years they have lived here. Mr. Miryear, 1291 Gardena Avenue, stated residents in the area supported Faith Acac�ny to use this building as a school, but felt t�o have activities on S�days takes away the only quiet time f rom the neighborhood and is a negative impact. Ae felt the issue of the parking also needs to be addressed, if parking on Totino-Graoe's property cannot be arranged. Ae pointed out there is vety little frontage on this site which ampl if ies the problen and would plaoe traffic ricjzt against residential hanes. Mr. Nlinear stated there is also a swanp on the property which takes up approximately one-fourth of the site. He stated it seems inappropriate to extend the Farking lot irtto the school's athletic facilities, and he feZt the land coulch't sup�rt these trao uses. Nbr. I�uts�n, 5880 I�tterhorn, stated it �ns if a Farking lot needs to be �nstructed, there a variety of questions whicfi haven't l�een addressed. Ae stated in addition to meeting the requirenent on the nunber o� spaoes, there is the question of drainage. Ae stated, technically, e�ven though these issues are not before the (b�ncil, he questiored onve Church on the Move had a vested interest in the property, how they could be sure future requirenents would be me� He felt adequate planning had to be cbne ryow and there are a lot of �manswered questions. Mr. Rnutson felt further information is needed to see if requirenerits of the Fire O�de are met and if there are specific minimun parking requirenents. Mr. C�rlson, 601 Riae (Yeek Terraae, stated he is a menber a� Qiurch on the Nbve and spoke in favor c� the spedal use permi� He stated there has been some allegations about plans being changed or mis3riformation given and want to assure them, as part o� the diurch's advisory board, what they have been hearing fram E�stor Andera�n is vecy straic�tforward. He stated there is no attenpt to hold back any information. Mr. (�rlson stated he believes the ci�urch would be a g�od neic�bor and a t�l.essing to the aomnunity. ee stated he bel ieved the ase is we11 within the legal ity and permits of the law. Mr. Lewis, 6001 Gardena CYrcle, stated the back of his property abuts the �� k�i I�.� I _ V I.�1.?l�y �. � � � � �� . �' � � • 'T! baseball field on the sciiool's Froperty. He stated he attended one of the reic�borhood meetings and is mncerned about the possibii ity of a church with S00 menbers and possihly expanding to 1,200 menbers. He stated the sdzool �roperty is abo� two feet hic�er than his Froperty and they do have sane problen with the c�ainage. He felt if a parking lot was oonstructed, it would add to this Froblen. Ae stated he is nat ac$inst the church, but �noerred about the use of the land. Mr. Hamernick, 1340 Hillcrest Drive, stated he is in favor of the special use permit. Ae stated he met with menbers of the church and felt they would be g�od neic�bors. He stated he was a land use planner for 12 years and felt what is being requested is prudent. He felt the traffic uses are 9eFarate and should, at soine poirit, be addressed, but the land use at this time is reasonable. Mr. Gblstran, 1338 Aillcrest Drive, stated he was in favor of the special ��. He ��a r�� a� r�a a dinner for`300 people and they dic31't have a prohlen with parking. Cb�mcilman Schneider asked where these persons parked. Mr. Q�lstran stated at Zbtino-Graoe, in the school's parking lat, and others on the street. ��cilman Schreider stated his mnoern is the parking. ee stated he has reveived a nunber of calls rec�arding the parking proalen on Gardena and it is a diffiailt situation. Gb�cilman Barnette stated when the scfiool was awned by Sdzool District 14, there were events where more than 300 people attended and pers�ns garked on the street. A lady in the audienoe stated that most af the people lived in the area and walked to the events at the scfiool at that time. Mr. Aamernick stated there is a stipulation reac>manencled to o�nsolidate this property into one parael and wondered if it was wise because af some of the �naerns of the residents rec�rding ingress or egress. Mr. Aerrick stated it would not be his reoommendation that a decision be made this evening on this request. He felt there are some questions raised whidl reed to be answered and some additior�l fact f inding on part of the staff. Be felt other churches in the Qty should be checked to see if this request differs in any respect and, in regard to the traff ic, there should be specif ic traff ic �uzts oo�nparing traff ic when this was opera�ted as a sd�ool to what is naw being proposecl Mr. McLauc�lin stated there should be standards of u�e in the O�mprehensive Plan regarding parking, building, and screening and woitld like these questions ariswrerecL Cb�ndlman Schr�eider stated he would agree with 1�. Herrick's statenents and felt some additiorgl information is needed. ee stated some items which should be addressed are as folla�ws: (1) letter fraa fee awner indicating -g- .,. h 1�, yl • � y��: �• 1 they ooncur with this request for a special use permit; (2) requirenents of the ordinanoe rec,�rding parking on property other than that awned by the petitioner and ramifications of the special use permit; (3) size of the swanp area and if it is required for drainage; (4) c3efine the Lecreational area regarding size, equipnent pcoposed, maintenanoe, acoess requi rements, and shared use; (5) in the event of a dreular dcive, the distanae f rom the hanes on the east and west; (6) iE additional developnent talaes plaoe on the property for drivaJays and parking, how this affects the drainage; (7) size of the c�mnasiun and if requirenents of the Fire �de and parking are metj (8) problems which may or may not be created if the lot f ronting on Hillcrest Drive was sglit oif �a Soia to develop as a single fanily paroeli (9) sigied aop� of the parking agreenem with Zbtino--Graoe for review by the GYty Attorney; (10) �anparison with other ciiurches recprding zoning, size o� parking lots, size of the church itself, and nianber of m�nbers in the oongregation; and (11) specific traffic oounts on Gardena and accident history g�ing back to when Garder�a was an elener►tary sdiool. (bua�cilman Barnette stated most of the diurches in FricIley have g�re through this same stage. EIe stated Fridley Methodist used Hayes School parking across the street; Fridley Covenant parks along the street; Redeemer Lutheran �ses the street and possibly some of the park property; Graoe �angelical �sed Maclsen park for many years for Fsrking; St. Philip's uses some of the mortua�ry Farking; and St. Willia4n's uses some of the shopping center parking. He stateci he didn't believe dlurches create a major problen and they were good neic�bors. Ae stated he lives near Woodcrest Baptist C7�urch and they have been r�othing but g�od neighbors. NDTION tr� cbu¢�cilman Sciu�eider t�o table this item to allaw staff time to sutmit a report for the rext meeting. Seo�nded b� Qotncilman Fitzgatrick. Up�n a voive vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. Mr. Robertson, Qxmn�nity De�velognent Director, d this is a request for a special use permit to allaw a repair c�ra which was Freviously Shorty's Tawing, at 5755 University Avenue N. E. stated a landscaping plan was preFared by staff and reoomn►ended to e Planning Commission. ee stated there were also a n�mber a� other ations which the doamission reviewed with the awrer, Mc. Scfiuur. He ated Mr. Schuur had reservations about several of the stipulations, ever, the Planning Commission reoommended ap;xaval af this request a 3 to 2 vote. Mayor Nee stated it. an extraordir�ary intensive use af a sna11 paroel. He asked if the tioner or owr�er were pcesent. � Sinoe nei r the petitioner or ownez Were present this evening, the follaw ction was taken: by Councilman Goodspeed to table this item to the next meeting. -io- k�.�l�.�� !�±?�M��_ �: ��.!?��:.�+• 3SS� proposed estahli�ing some per�ntage on a possible future assessment for their developnertt. Ms. Fisher stated BartorrAscfiman pravir7ed an analysis of what this peroentage should be and came with a figure er than staff rewmanended. She stated they woul d 1 ike the oppor to rev iew the�e peroentages with staff. � . Pb ather persons in the audienae sp� egarding this firml. pla� I�+DT�pN b� mtmcilman Fit� ck to cloee the public hearing. Seoonded by Q�imcilman Barrette. n a voioe vote, all wting aye, l�yor Nee declared the motion c$rri nimously and the puhlic hearing closed at 8:25 p.m s� �� ; � • � • �� ;_ . �.. : �� t� ' �. �/: � �M�L�� }�!�+; _ !. : �� : • 1 ,_;� �1�'. : ��1!_ 4r!_ M*l �i!! •� 4*!_ 4�./ Q�imcilman Schneider stated at �e last meeting, staff prwided the G�ouncil 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-Graae for the parking and the recreational easement. He stated he �nderstands Totino-Graoe's School Baard has not taken a formal action, but the Executive Board has indicated a favorable passage of the parking agreenent with Qlurch on the Mave. He stat�d in reqard to the recreational easemerit, he questiored the duration of this easement. Ae staten as he interprets it, if Q�urch on the I�bve was to sell some o� thei r�operty, the easement terminates. He felt as 2ong as Qiurch on the Move is using this paroel, the ease�nent should be enforoed. Mr. Aerrick, City Attorrey, stated Churrh on the Move's legal oounsel and his office have reviewed the preliminary draft for this proposed recreational easeme.nt. Ae felt there was agreement that if the CAUnci2 prooeecis to grant the spedal u�e permit, a mut�ally satisfactory agreement can be reached in terms of the easement. He felt the Council was not oare�iitted to e�ct language in the draft before then and changes v�uld be made. ��mcilman Schneider stated c�uring the hearing on this special use permit request, a nunber aE issues were raised regarding potential future use of this property. Ae Eelt there are many questions and problems to be resolved, if Church on the Move wanted to expand their use � this Froperty. fle felt they probably oouldn't meet the oode for acoess onto Garc3ena and would look unfavorably on acoess fran Qalaiood Manor or Aillcrest Drive. He stated there is also the issue � the drainage. He stated his ooncern is, in several years, Qz�sch on the Move have sub�stantial investment in this property and didz't want then to �me back with this as t�e basis of the argument to allow expansion. Ae stated in fairness he wanted to let the petitiorer la�aw his feelings and o�noerns in regard to any future plans to expand. Co�mcilman Barnette questioryed the wrrent statu� in rec�rd to aanership of -6- ��.l�.�1� ��!?,lM��_ ��• ,�.��„i: �+; 3TT �. �l�S F7CO�i�j7. R�v. Ander�n stated they are waiting fvr• aompletion of the bond sales and closing will be in four to six weeks. He stated they have signed an intermediate o�ntract to tie then wer before �e bonals are su2d. �,!�lr. Aerrick felt there was not a proYalett in proveeding with action on the special u�e permit, if it is a�rttingent upon Church on the Move aoquiring �fee title. Ms. Gail Minear, 1291 Gardena Avenue, questioned the alternative plan for parking, if Zbtir�Graae is c�sing their lot. Rev. Anderson stated this was discussed and it seems there would be a a�nflict only one time of the year when 7.btir�o�-Graae has a major event. He stated if there are oonflicts, they would use their (�mden facility for parking and bus the pari�iorers to dzurdz serviaes. Ae stated Zbti.no-Graoe is to give then seven c�ys notiae if they have activities glanred and Clz�sch on the Irbve aannot use thei r parking so other arranganents can be made. Mr. Imith, 1314 Aillcrest Drive, stated both the lats on Oakwood Manor and Hillcrest Drive are builc�hle lots and o�ulci�'t see aomb�ining then into one tax parael. Mr. Herrick stated it was his u�►►derstanding that the lot on Hillcrest Drive was not to be incl uded as part of the main paroel. Mr. Roith stated he �nderstancls the lot on Oal4aood Manor oould be built on as it was platted before the Fresent oode w�t into effect. Mr. R�bertson statec7 this was a lec�al lat when it was platted and the only question is if it is a legal nor�onforming lot at this time. P�. Herrick stated if it was a�nforming at the time c� the plat, it would be o�nsidered a builc�ble lot. Re�v. Anderson stated in original c7iscussions, there were thoughts about selling these two lots in order to make sure there would not be any driv�►ays onto Hillcrest Drive a� Oalawood Maror. Mr. Aerrick stated the lot on Oakwood Manor would be used for access into the recreational area. He stated the question of easement acaess for v�icles is a separate issue from whether the lot should be include�d in one tau parael. He stated it oould be included as one tax paroel and stil� allaw v�icle acaess or exclude it and allaw v�icle access. Ae stated if the lats on Hillcrest Drive and Oalarood Manor are not incluc�ed 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 neaessary before they could be sold. i�v. Anderson stated at the suggestion of the mincil, he hac7 the attorneys for the bond company re-write all the oontracts to separately list the -7- ��.�J�.h� ��+�yl+_ �;' �!.!}v�-_�+ ' �.� Hillcrest lot so they o�uld satisfy the request to keep it as a separate parael. Mr. Md.auc�ilin, 1050 Garder� P�venue, asked if any action had been take.,n on his request for a traffic sic�al at Garder� and Old Cet�tral. Q�endlman Schreider stated staff subrnitted a traffic study which shawed that traffic on Gardern Avenue is aomparahle or less than on other streets of a similar nature. He stated the P�Iioe reports indicate only two accidents sinve 1981. 1Hr. Md�auc�lin stated the CYty should review those reo�rds as he personally saw more than two accidents. Mayor Nee stated the acc;idents referred to in the report were adjaoent to Totino-Graae. Mr. Md.auc,�lin stated there are certain hours when there is a high concentration of traff ic and this situation is not oovered by traffic a��nts. . Mr. McLaughlin asked if this site meets the tbmprehensive Plan. Mr. � R�bertson stated the p�licy statenents of the domprehensive Plan include the whole idea of reic�inrhood servioes in resider►tial areas and the Zoning Coc3e allows d�►urd�es in residential ar�s with a special use permit. I�. Md�auc�l in stated his mnoern is there has been no specif ic rev iew of this Ixop�sal relative to the Cbmpr�ensive P'lan Ae stated he obj ected to granting a special use permit on the basis of a parking agreenent with Zbtiro-Graae. Ae stated the differenoe in what is required and what is available requires a varianoe and questiored if Qzurcil on the Move applied for a varianoe. mincilman Schneider stated 180 stalls is required and Totirio-Grace has 260 stal l s avail abl e. He stated the �hol e key is that Chur ch on the Mov e obtafns the lease agreement for Farking with Zbtin�Graae. Ms. OIc1a i�lmer, 1329 'Gardena Avenue, asked if signalization cannot be prwided, if a three-way stop o�uld be installed on the east side o£ Gardena and on the rorth and south sides of Clld Central. Mr. Flora, Public Works Director, stated the Q��ty aor►trols Old Central so the cYty aoulch't install sigiage on this street. tie stated the traffic on Old Central between Rice Creek Road and Highway 65 is presently being reviewed and it is �roposed to limit acoess o�ritinuing south on Old Central and provide better mavenent � tsaffic along Rive CYeek R�oad. (b�nc�lman Schreider stat�ed the only rationale for denying a special use permit has to be in the arens of health, pub�lic safety or welfare. He felt if the spedal use permit is grantec7, it should be r�iewed �n six mor�ths so any pro4lens muld be ac7dressed at the end of this peria]. ' NDTION tr� Cbcndlman Sd�u�eider to grant special use permit, SP #86-16, with the follaaing stipulations: 1. - All e�dsting hardsurfaoe areas to be impraved with sealooating, curb -8- 3lX! e ��.1�4� �!?±�M��. �a" �!.�s,�!=_�!� ��T, ar�d gutter and strip�ng; impcwenent date to be reviewed and set in ore year. 2. An appca�ved danpster encl.osure oc location to be installed by Deaember 30, 1986. 3. Ranove or repair c7eteriorating playgro�md equipnent by Deoember 30, 1986. 4. Q�►bire individual lots into ore tax parael with the exception of the lot fronting on Hillccest Drive. 5. Prwide for, and reoord at Anol� m�nty, a parking use easement with Tbtim-Graoe Hic�, for use � Rbtiro's p�rking lot (off Garder�a Avenue) on Sundays for a minim�aa of one year, prior to oommencing church aetivities. FUrther, the special u�e permit will rot be granted until staff and the City Attorr�y review �is cba�aent. 6. S�ecial �e permit #86-16, for c.hurch uses, is to be o�terminous in duration with parking use agreenent. 7. Special use permit #86-16 is issued for the use of the existing cymnasiun for church eervioes on S�cia�ys for C1�urch on the M�ve only. 8. S�ecial use permit #86-16 does not anver any new construction for ariy building or paving expansion. --9.- A 55,000 bond to o�ver Items 1-4 to be issued to the City before aommencing churdz activities or final written appraval for a special use permit by City. 10. S�ecial use permit #86-16 to be reviewed prior to expiration of parking agreenent and in six months. ,- 11. Progranuned activities will not e�ooeed parking sup�l ied on site and at Tbti rw-Grac�e Hic�, when avail ahl e. _ 12. A recreation easement, along with appropriate acoess easements as determined by City Council, in favor of the City of Fridley, to be rev�rded at Anoka 4�unty prior to aomn�encing churc� activities or final written appcwal for special u�e permit by the City. 13. Pravide a c�mnasiun/church seating diagram for Fi re Department ap�pcwal, pcior to arn�mencing chutci� activities. 24. Ap�pcaval a� special use permit #86-16 is a�rYtingent upon f ee ti tl e by Faith Aaadany or �urch on the Move. 15. Prwide drainage easanents, as determined by Public Works Department, prior to axnmencing church activities or final written appraval for spedal use permit by City. -9- I 3�v 4. «�.!�,MI �i?±�y �. ��- ,�.t}„i:?�y _ ' .?� 16. Gb�cil appcwal is required for any Feving expansion on the Fcenises. Sea�nded by �mcilman FYtzpatrick. il�nn a voiae vote, all wating_aye, Mayor Nee declared the motion aarried �animously. Gb�ndlman Sdu�eider thanked staff for their work in supplying all the backgro�md information. Ae also thanked the residents of the neic�borhood for their oo�nta ee stated CYiurch on the Mo�vve tried to respond to the neecis of the reic�borhood and hcsped e�veYyone aculd work together. �� i�� !: - _Y 1,� �, /c ' : ..« :��• ! �I /: : ,� L?�� . 4r !_ '�_ �i� �A �' I � � :�' � � .!..��! �_' ;� l�r. imbertson, da�minity Developnent Director, stated staff oonducted a study on the ratio of parking versus square f ge at clinics in Fridley. He stated the FSricIley F11aza Qinic and FYic'd Meclical Clinic both have a ratio af ore parking stall per 175 square f�et of floor area. He stated Dr. D�hl is Frop�sing to mnstruct a clinic w�,th 6,400 s�care feet in addition to the e�ri.stng clinic which oontains 1 00 square £eet. He stated this would be a parking of ratio a� ore st for every 205 s�uare feet of floor area. He stated if the r�ew clinic w reduoed fran 8,000 to 7,500 square feet, four additional Farking spaoe �uld be added to increase the parking ratio of one stall for every 150 uare fee� Mr. l�bertson stated in rev most require ore Farking st however, New Brighton requ� �ig the requirements of neighboring cities, for every 150 square feet of floor area, ore sFaoe for every 200 square fee� Dr. Dahl, the petitio r, felt there was a major clifference between a medi aal cl inic and ch ' opcactic cl inic. He stated he �ntacted the Fr i dl ey Medical Qini.c and w told they have ap�roximately 20 medical cbctors with ore nurse per cbct , six assistants and ZO or more clerica7. personnel. He stated they have az more staff personnel at any one time using their perking. He fe t ii this was taken into oonsic7eration, it changes the nunbers rather drastically. Se stated the real issue o�mes cbwn if the ratio should 1 to 175 or 1 t�o 205. He stated he preeently has a staff a� six people d if this cbubles, it would be anazing. He stat�ed if you take irito o� ration the staff, the 25 or 30 feet equare fbot difference �ppears�o be very minimal. Dr. Dahl stated, in regard to staff's r tion to reduae the building tr� 500 feet, he di3�'t knaw haw this woul affect the ir�terior layout as he hasn't had time to review it. ncilman Barrett�e asked what the guarantee would be this would renain a ropractic cliniG -l� 3�IV1�V ��.�...h� .i:,�ilM1.. �;- �.:,«a„�: a�; Asrk O�nstructicn 7900 Beecfi Street Pyri�ey, !N 55432 3XX Ialoe Fbinte �rp�ra �.�;dr•ef water i�Sanita r Project No. 162 Estimate . . . . . . . . . . . . . . . . . $ 47,170.98 y��ndlman Schreider. Opon a voiae vote, all vating aye, Mnyor ed the mo�tion cnrried �u�animously. 17 . R.' ;' �.*s ,�"��'rTa� :=° SPHCIAL ��'�r�r S� l86-16 P�t �� ON Z�E_ �+ E� mtndlman Sdu�eider stated at the last O�incil nreetfn9. he moved to appcwe Special pse Permit, SP #86-16, for (burcii on the Irbve to allvw then to a�nduct c3�urdi secviaes in their �nnasiun. Be statxd his purpose in vating for the spedal use pern►it was because he �c7erstood that �otino-Graoe's School Board was cping to f inal fze action for Qiurc� on the lbve to use parking at Zbtir�o�-Graae's pnrking lo� Be stated the Board has denied the use af their parking to (�urc� on the Move and that was one of the keY stipulatons in granting the special use permit. He atated to clear the rea�rd, he woul"d mwe the falla�ring: • IrDT�N b� muidlman Scfineider tro r�consider• Spedal Oee Petmit, SP #86-16, an� deny this permit based on the fact that parking at Zbtino-Graae's lot is not availatale. Sea�nded by Cb�ndlmnn Fitzpntrick. Op�n a voiae vote, all voting aye, t�yor Nee declared the mo�tion Q+rried �aninwusly. �mdlman Barrette asiaed if Q�urci� on the lb�ve aomes bnck with other plans. if another public hearing would be neoessary. Mr. Flora stated ariy requirenents for parking would require a special use permit and another public hearing. M�. Herridc, City Attorney, stated he was sati sf ied that the only way the special �e permit would be apprwed was if (hurch on the Move obtained the permit for parking f rcm 7btino--Graae an8 when they cii�'t reaefve it, there was no showing there would be adeq�ate parking and a siqiif icant reason f or denying the special use permi� 18. � MRl�tYLi1f Ai�1S PARE� ''. - + -- -- ��, � m�nciiman Gooc7speed questfored ff diere was an aZterfiate plan to. resolve saae o� the drait�age problm�s in Meaciowlands =ic: Mc. Fl�a stated one oE the reside nvolved in the Parks and Recreation Q7mmission Task Pbrae b�d revi ed figures with a representative of TR�R. ac� ca�ne up with a f igure �� u�d �in�that f�f �re d no �or�e a TRD�► resident didn t la�aw w�at`w�as inc 9u recalls this disa�Bs3on. trt. Flora �ring tbe meeting witb residents on Novenber 10, �ere was a st on a nunber af issues and the the result ra8 the City should -13- � � unroF F�� C011ILMUNI"fY DEVELOPMENT -- DEPARTMENT' M EMO RAN D UM , TO: William Burna, city Manaqer,�; "' FROM: DATE: REGARDING: � Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator January 19, 1989 Consider Approval of Resolution, Northco Final Plat, P.S. �88-02 Attached is the staff report and proposed resolution for the final plat for Northco Corporation on property located at the southeast corner of 73rd Avenue and University Avenue. The resolution incorporates the conditions of approval recommended by the Planninq Commission. It is recommended the City Council approve the resolution. BD/dn M-89-13 I P � � ' C�� DF FRI DLEY REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION STAFF REPORT APPEALS DATE P�ANWING COMVNSSION DATE : December 7, 1988 CI'TY COUVC�. DATE : December_ 19,_ 1988 SITE DATA ' SIZE � DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG I UT1fTIES � PARK DEDICATION �— . _ ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIB�ITY WITH ADJACENT USES � ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMEI�ATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION Ja P . S . 4�88-02 Fridley Business Center Partnership q�TF.�pq BD�KC/dn Replat Tracts A and B, Registered Land Survey No. 6 and Tract B, Registered Land Survey No. 78 500 - 73rd Avenue N.E. ' 50 acres M-2 N, R-1 Single Family; S, P Public Facilities; E, M-2 Heavy Industrial; W, M-I Light Industrial and C-2 General Shopping Available .023 x sq. ft./developable lot Yes Yes Tree preservation Approval with stipulations. Approval. 4A Staff Report P.S. #88-02, Northco Page 2 � Proposal 4B The Fridley Business Center Partnership is requesting consideration of a preliminary plat to replat Tracts A and B, Registered Land Survey No. 6 and Tract B, Reqistered Land Survey No. 78, which is generally located at 500 - 73rd Avenue N.E. This preliminary plat proposes to subdivide the property into 11 industrial lots ranginq from 2 acres to 19 acres in size. The industrial business park is designed for light industrial uses such as office, warehouse, manufacturing, research, and showroom facilities. Background Cub Foods petitioned the City in 1982 to rezone the property from M-2, Heavy Industrial, to C-2, General Shopping, for the development of a retail strip shopping center. The City Council denied this request. During the public hearing, the neighborhood residents expressed concerns about increased traffic volumes, pollution, visual impact, and safety. Northco Corporation members held a neighborhood meeting on November 28, 1988 to discuss the proposed plat with the adjacent residential neighborhoods. During the meetinq, residents expressed concerns regarding the development's visual impact, business uses, and effect on the tax base. Analysis The westerly lots of the proposed plat are designed for the development of light industrial facilities while the easterly lots accommodate the existing buildings. The proposed lot sizes and dimensions comply with the applicable zoning and subdivision regulations. Traf f ic Access to the proposed lots will be gained by an S-shaped public road which provides service from 73rd Avenue N.E. and the University Avenue Service Drive. Since the lots have double frontage, 73rd Avenue N.E. and 71st Avenue N.E. will also provide access to some individual parcels. The developer is requesting one driveway from 73rd Avenue N.E. and four from 71st Avenue N.E. No more than one driveway should be permitted on 73rd Avenue N.E. because of its high traffic volume and proximity to other intersections. Currently, 71st Avenue N.E. serves as an entrance to two regional recreational facilities: Locke Park and Columbia Arena. In recent 4C Staff Report P.S. #88-02, Northco Page 3 years, the area has changed from recreational to quasi-industrial because of the City Garage and the Recyclinq Center. Since the nature of the area has changed, staff does not object to havinq access from 71st Avenue N.E. to the abutting four lots. The Public Works Department has informed the developer that 71st Avenue N.E. would have to be improved to the required industrial standards to serve the additional truck traffic. Currently, 71st Avenue N.E. is designed only as a 7 ton capacity street. Other improvements along 71st Avenue N.E. should include the installation of landscaping on both the subject property and the Columbia Arena property to increase screeninq. Landscaping would reduce the impact of the increased truck traffic on the adjacent recreational facilities by providing a buffer. Dave Torkildson of the Anoka County Parks Department was contacted to determine the County's concerns. He did not object to the installation of landscaping on the Columbia Arena property as lonq as a plan was submitted to him for approval. The landscaping will create an attractive, viable entrance to the City's regional facilities. The Public Works Department has requested revisions regarding street/driveway intersections and intersection right-of-way widths. The current layout of the proposed road could cause potential traffic conflicts with the driveways at the easterly portion of the road. The Public Works Department requests the developer to look at alternative designs for that portion of the street. The intersections should also contain 25 foot right-of-way triangles at the corners to provide for visual safety. Tree Preservation A field survey of the site was conducted by Planning staff and Siah St. Clair, City Naturalist. St. Clair suggested a tree preservation program be implemented by surveying the site for trees 6 inches in diameter. Depending upon the specific development plans, trees of this size would be preserved to aid in screening, drainage and physical beauty. St. Clair stated that the preservation of trees should primarily occur on the sites' west and south sides. Apparently, the tree grove on the sites' north side contains older, dyinq trees, therefore, trees with a diameter of four inches should be preserved in this area. Although it is the developer's intent to preserve as many trees as possible, additional landscaping will be needed to reduce the development's impact on the adjacent residential neighborhood. The developer will be required to submit a landscape plan for approval prior to issuing a building permit. Staff Report P.S. #88-02, Northco Page 4 Drainage � 4D A storm drainage plan is not required for preliminary plat approval. Either a comprehensive drainaqe plan or individual drainage plans must be submitted before issuing a building permit. Architectural Design The developer has submitted the plat's architectural desiqn criteria for staff review. The proposed criteria objectives of the University Avenue are consistent with the corridor project. The standards will be incorporated into the development agreement. Summarv The proposed preliminary plat is consistent with the City's Comprehensive Land Use Plan. The plat is desiqned to increase the economic well being of the community, while providing an attractive physical environment. The division of the land into smaller parcels should attract less intense industrial uses which are more compatible with the residential community than heavy industrial uses. The M-2 district incorporates additional setback requirements of l00 feet when adjacent to a residential district. This additional space could be used to create a buffer by installing landscaping and maintaining the existing vegetation. Recommendation to the Planning Commission Staff recommends approval of Preliminary Plat, P.S. #88-02, with the following stipulations: 1. A development agreement be executed between the petitioner and the City Council which includes, but is not limited to: A. Design criteria B. Landscape maintenance C. Tree preservation D. Street and utility improvements 2. A storm drainage plan which either encompasses a comprehensive drainage plan or individual drainage plans for each lot shall be submitted prior to the issuance of a building permit. 3. The developer shall petition the City to construct and improve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development. 4. Access from 73rd Avenue shall be limited to one driveway. 5. Access from 71st Avenue shall be limited to four driveways. 4E Staff Report P.S. #88-02, Northco Page 5 6. The necessary joint driveway/parking easements shall be executed for Lots 5, 6 and 7 and Lots 7 and 8, Block 2. 7. A revised preliminary plat providing adequate right-of-way at the intersections shall be submitted to the Public Works Department for review prior to preliminary plat review before � the City Council. �: 8. The developer shall submit a proposed plan for driveway access at the curve of the proposed street for Public Works Department review and approval prior to preliminary plat review before the City Council. � Planning Commission Action The Planning Commission concurred with the staff recommendation of approval subject to the followinq stipulations: l. A development agreement be executed between the petitioner and the City Council which includes, but is not limited to: A. Design criteria B. Landscape maintenance C. Tree preservation D. Street and utility improvements 2. A storm drainage plan which either encompasses a comprehensive drainage plan or individual drainage plans for each lot shall be submitted prior to the issuance of a building permit. 3. The developer shall petition the City to construct and improve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development. 4. Access from 73rd Avenue shall be limited to one driveway. 5. Access from 71st Avenue shall be limited to four driveways. 6. The necessary joint driveway/parking easements shall be executed for Lots 5, 6 and 7 and Lots 7 and 8, Block 2. 7. A revised preliminary plat providing adequate right-of-way at the intersections shall be submitted to the �Public Works Department for review prior to preliminary plat review before the City Council. 8. The developer shall submit a proposed plan for driveway access at the curve of the proposed street for Public Works Department review and approval prior to preliminary plat review before the City Council. � Staff Report P.S. #88-02, Northco Page 6 Staff Update � Both residents and commissioners expressed concerns regardinq the project's traffic generation and visual impact. The developer presented information which addressed these issues durir►g the Commission meeting. A traffic analysis was conducted by the petitioner which clarified the development's traffic impact. The development will generate approximately 1,300 trips in an out of the site daily. The peak traffic periods will occur between 7:00 a.m. to 8:00 a.m. and 4:30 p.m. to 5:30 p.m. During these periods, 37� of the total averaqe daily trips will enter or leave the site. Trucks are expected to comprise between 5� to 8� of total traffic. The use of 69th Avenue N.E. as an entrance into the business park was also discussed. Residents expressed concern regarding the potential of truck/park user conflict. The petitioner stated that traffic is not expected at this intersection because its design is not conducive to truck traffic. The visual impact on the residential neighborhood should be minimized due to the City's zoning Code requirement. When a heavy industrial district is abutting a street right-of-way adjacent to a residential district, the minimum building setback is 100 feet. Parking lots are required to maintain a 20 foot setback from the public right-of-way. Therefore, 20 feet of boulevard space will be used for the installation of landscaping. By using berms and plant materials, the building's appearance can be softened. To increase screening further, residents suggested installing additional trees in the boulevard between 73rd Avenue N.E. and the residential service drive. The Public Works Department opposes this idea because maintenance and costs would increase. The petitioner met with City staff on December 15, 1988 to resolve issues identified in stipulation #7 and #8• The petitioner has submitted a plat reserving the necessary right-of-way at intersections. The petitioner has also resolved the intersection design of the proposed street and the existing driveways. The intersection will be signed as a four way stop. The City will retain the right-of-way necessary for the proposed road only. CITY COUNCIL•RECOMMENDATION The primary concern identified in the public hearinq by a neighborinq property owner was the provision of adequate berming and landscaping along 73rd Avenue. As was discussed at the meeting, the required 20 foot parking setback would not be wide enough to accommodate the suggested 8 foot berm. Staff Report P.S. #88-02, Northco Page 7 Given that the setback will also contain a future bike path,- the setback may be able to accommodate a 3 1/2 to 4 foot berm if the bike path is constructed in a weaving fashion along the easement. The Public Works Department will require an adequate distance between the curb and bike path to provide for snow storage. The maximum building height in the M-2 district is 65 feet. Despite the size of the parking setback, the screening along 73rd Avenue cannot entirely screen a one story buildinq or a multi-story building. The purpose of the berming and landscaping is to screen the parking area and to break up the expanse of the building elevation. ' Staff inet with the petitioner on January 18, 1989 to recommend reserving an additional five feet to the required 20 foot setback. Although initially receptive, the petitioner indicated that they would prefer the 20 foot setback to allow them flexibility in site design. The petitioner stated landscaping could be installed alonq the building wall to breakup the expanse of the wall. Further, the City Attorney advised that requirinq an additional setback beyond the requirements of the Zoning Code could not be imposed by the City Council. In the alternative, the development agreement will require submission of a landscaping plan showing the location of the proposed bikeway as well as the berming and landscaping. The plan will be reviewed and approved by City staff prior to building permit issuance. Because the applicant has resolved stipulation #7 and #8 of the Planning Commission's recommendation, the final plat resolution includes the followinq six stipulations: 1. A development agreement be executed between the petitioner and the City Council which includes, but is not limited to: A. Design criteria B. Landscape maintenance C. Tree preservation D. Street and utility improvements . 2. A storm drainage plan which either encompasses a comprehensive drainage plan or individual drainage plans for each lot shall be submitted prior to the issuance of a building permit. 3. The developer shall petition the City to construct and improve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development. 4. Access from 73rd Avenue shall be limited to one driveway. 4G Staff Report P.S. #88-02, Northco Page 8 4H 5. Access from 71st Avenue shall be limited to four driveways. 6. The necessary joint driveway/parking easements shall be executed for Lots 5, 6 and 7 and Lots 7 and 8, Block 2. �L � RESOLUTION NO. •- 1989 A RESOLUTION APPROVING PLAT, P.S. #88-02, NORTHCO BUSINESS PARK WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #88-02, on December 7, 1988 and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their January 9, 1989 Council meeting and approved the Plat at their meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #8$-02, with the stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by Sunde Engineering. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR P.S. #88-02 Northco Business Park Stipulations � Exhibit A � 1. A development agreement be executed between the petitioner and the City Council which includes, but is not limited to: A. Design criteria B. Landscape maintenance C. Tree preservation D. Street and utility improvements 2. A storm drainage plan which either encompasses a comprehensive drainage plan or individual drainaqe plans for each lot shall be submitted prior to the issuance of a building permit. 3. The developer shall petition the City to construct and improve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development. 4. 5. 6. Access from 73rd Avenue shall be limited to one driveway. Access from 71st Avenue shall be limited to four driveways. The necessary joint driveway/parking easements shall be executed for Lots 5, 6 and 7 and Lots 7 and 8, Block 2. 7. A revised preliminary plat providing adequate right-of-way at the intersections shall be submitted to the Public Works Department for review prior to preliminary plat review before the City Council. 8. The developer shall submit a proposed plan for driveway access at the curve of the proposed street for Public Works Department review and approval prior to preliminary plat review before the City Council. �� a 4� O � � �z � uc� Y � � �� W Z � �M W O � ��y L� Z L�- ---� :::, - � ^�a_t..;r. G� � � � <+ �! ! `> � c _ �� J ,�:r� '\ ( J _ I �� I _J cj ��J l�� :l •.r.in -1 � _,, i L 1...--, . ` � ti.r':;-1 � I j I �>' _. I • .to ( J"_\ � l ( � �' ' I i �_ _� t _.'301> l.i':•h:�f.: '- ' �l I 0 Z # i . • , � i Y � i '/ 'l'�I 'l ��-7 �H' l l�^ 1�-7 � ll1//l I _7 �v _J//��_i/,L /.J i�ni�_7/�iiv.. / 1_, i� n � i Ha 14 /C i • i �//i � i � —7 i h-' %;. �t_ � v i V i'. ✓/✓� /'; , ii t7 i% / v i l_J �_ =i J_ ✓ , r � � 4K I �-� �� 1 • 4L ,�;-, _ _ Architectural Guidelines DESIGN INTENT: � The purpose of this document is to establish general architectural design guidelines for the Northco Business Park, proposed to be developed by Northco Corporation, located at the intersection of University Avenue and 73rd Street in Fridley, Minnesota. The following criteria provides the architectural framework for construction of industrial buildings facing major streets and the adjacent residential neighborhood. These criteria are intended for the mutual enhancement and benefit of the nearby neighborhoods the community of Fridley and the developer. , These criteria are applicable to buildings built on lots abutting the University Avenue frontage road right-of-way and the 73rd Street right-of-way, with front facade of these buildings parallel to University and 73rd Streets, and side facades visible from these streets. These criteria do not apply to interior lots, rear facades, or more than three of the four principle facades of any building. BUILDING MATERIALS: � 1. Building materials that are encouraged: Brick or materials emulating a brick appearance Natural stone Decorative masonry Exterior tile Architectural metal Decorative and exposed aggregate architectural precast panels 2. Common concrete block and smooth faced precast concrete will be discouraged. COLORS: 1. Natural and neutral field colors are encouraged. . 2. Strong, bold and loud colors will be discouraged with the following exception: 1. Accent color stripes and medallions, etc. used to compliment the natural colors when accent colors do not compromise more than seven percent of the exterior facade area, excluding doors and window is acceptable. .� _. FENESTRATION: . 1. Encourage use of clear and tinted glazing. 2. Discourage highly reflective and mirrored glazing. .. 3. Encourage anodized, polisbed metal and architectural coatings on aluminum window systems. ARCHITECTURAL DETAZLTNG: 1. Masonry detailing witb accent "soldier" coarsing where appropriate (architectural window and door headers will be encouraged). SITE GRADING: 1. Rolling and bermed grading at the base of exterior walls will be encouraged where appropriate to add variations of scale and visual softening of eacterior facades. C��4�� '� • �►„�:A�1l�•'�i The above architectural design criteria are not all inclusive and are intended to be used with other applicable planning, landscaping, lighting and signage criteria contained in the City of Fridley codes and ordinances. These criteria are provided as a minimum standard of architectural design quality although they are not intended to limit architectural design creativity. It is understood that the application and interpretation of these guidelines are proposed to be implemented by Northco in the reasonable exercise of its judgment as developer of the site. � 4M � �� ... 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QtY.ulf�t�►s�'i� I�C�'�t,Mi(`�CE EAr-' : �^ �".� '� ~ t`."� � �- ,:� - � i � ,� , �� .:� .�� "'t �; � A��41' �'' �' �' �. . ',� � � �� ,r ..� �•� .� ..� �;, .� � , , •'� . � ' ~ , � �� `� �— � �3 � '�J' ° � :� �'�'�'� �9' � _ ��s �,=1'�"`"�i � � � P r. �li'�` GAI�ADH � �_ � � � � �:� �`� ,. ' g , �`. ti � �� „� ;;� • • � ° �'� . �, `� M � � � � `� � �'' �' � � ��.� � � � �•�.� � � .-. �nN�Nr _�e a � 40 4P CITY OF FRIDLEY PLANNING COI�IIrIISSION MEETING, DECEMBER 7, 1988 ----------------------------------------------------�/_--------- � CALL TO ORDER• Chairperson Betzold called the December 7 1988, Planning Commission meeting to order at 7:30 p.m. R4LL CALL• Members Present: Donald Betzold, Dave/Kondrick, Dean Saba, Sue Sherek, Alex Ej�r�a, Paul Dahlberg Members Absent: None Others Present: Barbara Da , Planning Coordinator Kathlyn stle, Planning Assistant Dale E trom, Northco Corp. Bruc Carlson, Northco Corp. Tom erster, ItKE Architects J' Benson, B,M, & B, Inc., Mpls. ave Koski, Barton-Aschman Assoc. Ron Mattson, ?324 Symphony Street N.E. A1 Quam, 399 - 73rd Avenue N.E. Ron Killian, 7301 Concerto Curve N.E. MoTION by Mr. Kondrick, seconded by Mr. Saba, to approve the Nove er 9, 1988, Planning Commission minutes as written. A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE ON CARRIED UNANIMOUSLY. 1, PUBLIC HEARING• CONSIDERATION OF A PRELIMINARY PLAT P.S. #88-02. NORTHCO CORPORATION BUSINESS PARK BY FRZDLEY BUSZNESS CENTER PARTNERSHIP COMPANY CJO NORTHCO CORPORATION: Being a replat of Tracts A and B, Registered Land Survey No. 6, and Tract B, Registered Land Survey No. 78, generally located at 500 - 73rd Avenue N.E. . MOTION by Mr. Kondrick, seconded by Mr. Barna, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARFD THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Mr. Dahlberg stated that at this time he would excuse himself from the discussion and votinq on this issue for reasons discussed 4Q pLANNINd COZ�II+II88ION K88TI�a. DEC8I�HER 7, 1988 - P�aB 2 earlier with Chairperson Betzold. � Ms. Castle stated the petitioner, Northco Corporation, was requesting consideration of a preliminary plat to replat Tracts A and B, Registered Land Survey No. 6, and Tract B, Reqistered Land Survey No. 78. The property is lccated north of 71st Avenue, south o€ 73rd Avenue, and east of University Avenus. Ms. Castle stated the property is zoned M-2, Heavy Industrial. To the north is single family and to the south is a public facilities district which contains the City of Fridley Public Works Garage and the City's recyclinq center. It also cbntains the reqional recreation facilities, Columbia Arena and Locke Park. Ms. Castle stated the proposed plat would subdivide the property into 11 industrial lots, ranqing from 2- 19 acres in size. The westerly portion of the plat is designed for the further development of buildings that would house liqht industrial uses such as office, warehouse, and manufacturinq businesses. Ms. Castle stated the eastern portion of the plat is designed around the existing industrial businesses located on the site-- Carter Day, Knox Lumber. Ms. Castle stated the plat's proposed lot lines do encroach upon some of the existing parkinq facilities; therefore, it will be necessary to obtain some joint driveway/parking easements from the developer. Ms . Castle stated access to the lots within the site will be gained from an interior S-shaped road off 73rd Avenue around to the University Avenue Service Drive. In addition,�since the lots have double frontage, 73rd Avenue and 71st Avenue will provide access to some individual parcels. Currently, 71st Avenue does serve as the gateway to the region's recreational facilities, but also serves as access to the City Garaqe and recyclinq center. Because of its quasi-industrial state, staff does not object to access off 71st Avenue; however, the developer must upgrade the road to the required industrial standards to serve the additional, truck traffic. Currently, 71st Avenue is only a 7 ton road. Ms. Castle stated the Public Works Department has requested revisions from the developer reqardinq street/driveway�intersection and intersection right-of-way widths. The current layout of the proposed road could cause potential traffic problems with the existing interior driveways. Ms. Castle stated that due to the site's natural characteristics, Siah St. Clair, City Naturalist, conducted a field survey with staff to determine tree preservation on the site. Mr. St. Clair did suggest that staff encouraqe preservation of trees 6 inches in 4R pLANNZHQ COlII��ISSION !IS$TINO, DECBMBER 7. 1988 - P�QE 3_ diameter or larqer on the site's west and south sides. The tree qrove on the site's north side contains older, dyinq trees; therefore, trees with a diameter of 4 inches should be preserved in that area. Staff has suggested that landscaping is needed to screen the industrial development from the residential district to the north . M�. Castle stated this proposal is consistent with the City's Comprehensive Land Use Plan. The development will increase the economic wellbeing of the community, while providinq an attractive physical environment. The division of land into smaller parcels should attract less intense industrial uses which are more compatible with the residential community than heavy industrial uses. � Ms. Castle stated staff recommends approval of the preliminary plat with the following stipulations: 1. A development agreement be executed between the petitioner and the City Council which includes, but is not limited to: A. Design criteria B. Landscape maintenance C. Tree preservation D. Street and utility improvements 2. A stona drainage plan which either encompasses a comprehensive drainage plan or individual drainage plans for each lot shall be submitted prior to the issuance of a building permit. 3. The developer shall petition the City to construct and improve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development. 4. 5. 6. Access from 73rd Avenue shall be limited to one driveway. Access from 71st Avenue shall be limited to four driveways. The necessary joint driveway/parkinq easements shall be executed for Lots 5, 6 and 7 and Lots 7 and 8, Block 2. 7. A revised preliminary plat providing adequate right-of-way at the intersections shall be submitted to the Public Works Department for review prior to preliminary plat review before the City Council. , 8. The developer shall submit a proposed plan for driveway access at the curve of the proposed street for Public Works Department review and approval prior to preliminary plat review before the City Council. Mr. Betzold asked if anyone knew what the traffic impact would be 4S PL�INNING COI��MISBION I�BBTING� DEC$IffiBR ? � 1988 - P�GS 4 in this area. � Ms. Castle stated Northco has hired a consultant to do a traffic study, and maybe that person could address that issue. Ms. Dacy stated it was staff's understandinq that when Tarqet expands, that expansion will trigger an improvement project on 73rd Avenue N.E. The way the traffic plan and street plan are laid out, tf�ere is a qood disbursal of access points into and out of the site. So, as the development is designed, there should be good separation between truck traffic and the single family area to the north . Mr. Kondrick asked how they could discourage traffic leaving the property and traveling south along the University Avenue Service Drive past Columbia Arena to the 69th Avenue/University Avenue intersection. He stated that intersection is bad enouqh now without additional tra�fic. He was not so much concerned about car traffic as he was about truck traffic. Mr. Saba asked what kind of truck traffic was anticipated as far as volume and size. Mr. Bruce Carlson, Northco Corporation, stated he was one of the members of the Northco petition. He stated they do not have a formal traffic study at this time, but some infornaation has been put together by their traffic consultant, Barton-Aschman Associates. Mr. Carlson introduced Tom Gerster, IQ� Architects, and Dave Koski, a member of the Barton-Aschman Associates firm involved in traffic and access studies all over the metropolitan area, and Jim Benson who was involved with marketinq the project. � Mr. Carlson stated Northco is a Twin City based development, property management, and investment company. They specialize in retail office in retail office and office/warehouse type projects. They are not a mega developer, but more of a middle of the market developer, and they currently operate about 26 different real estate projects around the Twin Cities area. Nine of.these projects are office/warehouse type projects. They have a fairly significant backqround in business park type development, primarily due to his involvement in an industrial park development in the Plymouth area. Their basic business approach is to�try to be a cooperative citizen in the communities in which they do business. Mr. Carlson stated about one year ago in October, they acquired the Carter Day property. After they acquired the Carter Day facility, they became interested in the Chicago/Northwestern property between Carter Day and University Avenue, primarily because o� their industrial and business park background, and it looked like a 4T , PLANNIN(3 COlrII�tI88ION MEBTINQ, D$C81�iBBR 7. 1988 - P!►G$ S logical extension of what they were doing in this area. Mr. Carlson stated they are now at the Planninq Commission to propose a plat which they intend to become a master plan business park, and they will impose some architectural guidelines on how the buildings would be developed. They hope the City will agree with the landscaping and the saving of trees which is one the natural amenities on this site. Mr. Carlson stated they think the use they are proposinq for the property is the lowest traffic generator that is likely to occur on this property, as compared to some other types of commercial uses. Mr. Carlson stated they intend to build office,�office/warehouse, showroom, light manufacturing type uses on the property�. They will probably sell some and will probably build for lease on some of the land. They are not askinq for any rezoning or conditional use permits; and, at this point, do not anticipate they will need any in the future. Mr. Carlson stated they had a neighborhood meetinq on Novemer 28, and some of the neighbors who were at that meeting were in attendance at the Planning Commission meeting. He stated they presented their proposal to the neighbors and listened to the concerns expressed by the neighbors. Since then, they have been working with City staff to make sure they have a development that is compatible with the wishes of the City of Fridley and also one that will be successful for them. Mr. Carlson stated one of the concerns expressed by the neighbors was the visibility from the homes to the property. There did not seem to be a lot of concern about traffic. He stated they tried to demonstrate to the neighbors that this was a compatible and good use for the property. They felt their overall plan did address all the concerns of both the City and the neighbors. Mr. Carlson stated he would like Mr. Gerster to make the architectural and layout presentation. Mr. Gerster stated they have been working for a number of�months with Northco Corporation, and more recently with City staff, to develop a master plan business park that will be a benefit to the City of Fridley and to Northco. He showed an aerial �hoto showinq the site and its location in the City, and he showed a schematic of the actual engineered preliminary plat drawing. Mr. Gerster stated there are a couple objectives they are trying to achieve with this project: 1. They have tried to master plan a business park within the 4U PLP►NNING COl�QII88ION 1i88TINQ, DEC BR 7. 1986 - P�GE 6 framework oi the M-2, industrial intense industrial uses which are sinqle family area to the north. zoning, to attract less more compatible with the 2. They will save as many of the existinq trees on the site as possible, because the trees are one of the prime natural ' amenities of the site. Mr. Gerster stated they feel they can be more compatible with the existing neighborhood by dividinq the plat into multiple smaller parcels trying to qo with more of a 2 acre size. They will bring in smaller buildings which in scale, from a height standpoint, will be more in the ranqe of the neiqhborinq residential homes. Mr. Gerster stated they have also voluntarily submitted architectural guidelines to help control the quality of materials in the appearance of the buildinqs as they are seen from the adjacent roadways and the adjacent residential area. Mr. Gerster stated one of the things the smaller lots require of a development like this is the use of an internal roadway to gain access to each of the lots. This creates frontage for all the lots on at least one public street. Mr. Gerster stated they are maintaining minimum setbacks through the site. At this time, they will not be requesting any variances. They are also praviding a 15 foot bikeway trail easement. Mr. Gerster stated some of the neighbors have expressed concern about visibility into the site, and they would like to see additional screening. He stated they do feel,landscaping is very important to the overall competition of the business park; however, they cannot entirely screen the buildinqs because visibility is very important �rom surroundinq roadways. They would use landscaping, undulatinq terrain, or rolling berms to help soften the appearance of the buildinqs, but they could not entirely block the buildinqs. Mr. Betzold asked what Northco envisioned for signaqe--one•larqe siqn for the whole business park or individual signs? Mr. Gerster stated they do plan to have a sign monument of decorative masonry materials that would be located along University Avenue, which would give indication of the entrance to the business park along the new road which wauld be the major access into the site. Mr. Saba asked about liqhtinq. Mr. Gerster stated lightinq would typically be the shoebox type head with a downcast liqht which shines down and not out. They 4V PLANNING CODII�II88ION KSBTZNG. D�^�MIH$R 7. 1988 - P�aB_7 have been using the shorter poles (25-35 ft.), especially for the smaller buildings and smaller parkinq areas. _ Mr. Barna asked what kind of businesses would probably qo in on this site. � Mr. Jim Benson stated Fridley has been able to attract a lot of very small high technical type companies because of the medical facilities in the City. A number of these sites would be designed for an R& D type facility, liqht manufacturinq, liqht industrial, etc., and which would be low profile buildinqs. Mr. Koski stated they have prepared a traffic generation report of the business park. They anticipate the peak traffic hours to be 7:00 a.m. to 8:00 a.m. and 4:30 p.m. to 5:30 p.m. They feel the traffic qenerated from this proposal will be almost 10$ of what would be qenerated by a development such as that proposed by Cub Foods a few years aqo. Mr. Koski stated the report indicated close to 300 vehicles in and out of the site during the P.M. peak hours and about 1,300 vehicles in and out of the site durinq the day. Of the total traffic into and out of the site, they expect about 5$ and a maximum of 8� will be trucks of all types. They have reviewed the traffic already at the key intersection at 73rd Avenue/University Avenue and looked at the amount of traffic that might come through that intersection oriented to this new project. That amount of traffic does not have any significant impact on the traffic operations or safety of that intersection. They would expect about 40� of the traffic entering and leaving the site will come from the north, 40� will come from the south on University Avenue, and the remaininq 20$ will come from the east on 73rd Avenue. Mr. Koski stated that in regard to the question about traffic qoing to the intersection at 69th Avenue/University Avenue, he would think that with almost two-thirds of the traffic oriented to the northern area and one-third of the traffic oriented to the '71st Avenue/University Avenue intersection. He stated they do not expect a great deal of traffic on the frontage road to 69th Avenue. That road and that intersection are not conducive to accommodating large trucks. Overall, they do not see any impact to traffic operations or to the �safety in the area of traffic generated by the development. They also do not think any of this traffic will end up in the residential area at all, simply by virtue of the design of 73rd Avenue and the deadend nature of 71st Avenue. Mr. Saba asked how much truck traffic was normally done between 12:00 p.m. and 6:00 a.m. Mr. Koski stated the primary truckinq traffic into warehousing sites usually occurs in the morning hours between 6:00 a.m. to 4W PLP►NNINa COiII�i BSION !IE TZNa ECB ER 988 - P�aB 11:00 a.m. It tails off sharply in the afternoon, and there-is virtually no truck traffic at niqht, unless there is some industry that by its nature would be open at niqht to accept truck deliveries, but not very many. He would expect that ?0$ of the truck traffic would be entering and leavinq the site between the hours of 6:00 a.m. to 11:0o a.m. Mr. A1 Quam, 399 - 73rd Avenue N.E., stated he did not have any objection to the development. He stated his major concern was the visibility of the proposed buildinqs to the residential area on the north. He stated the existinq buildinqs alonq 73rd Avenue, with the setback and the trees, are almost invisible. iie felt a precedent has been set to reduce the visual impact as much as possible. He stated the houses alonq 73rd Avenue are somewhat higher so they are viewing this property from a much higher angle. He would suggest that the berminq along 73rd be high enough so the buildinqs would not be visible from the residential homes. Mr. Gerster stated it was their intention to put a 4 ft. berm along the entire length of the property on 73rd Avenue. Mr. Carlson stated they are planning to front the buildings on 73rd. They have the option of turning the buildings around, putting the service side of the buildings to the rear. Then the visual impact to the neighbors becomes worse. It was their thought that they should address part of the visual impact issue by making sure the buildings are attractive, use some undulatinq landscapinq, in addition to trees. Mr. Kondrick stated he would encourege the developer to keep some uniformity to the buildings and keep them in,earthtone colors to minimize the visual impact. Mr. Carlson stated he felt their guidelines did address that, and they would be qoinq with earthtones and muted colors. Mr. Quam stated he just wanted them to consider reducinq the visual impact with more height in berminq. Mr. Ron Mattson, 7324 Symphony Street N.E., stated there is a boulevard between 73rd and the 73rd Avenue Service drive which has trees planted on it. Maybe more sizeable trees could be planted in the boulevard area that would soften the visual impact to the property. Mr. Mattson stated many people think 73rd Avenue and the 73rd Avenue Service Drive are a divided road, and it is a hazardous situation. With more landscaping in the boulevard area, maybe that would help this situation. � Mr. Betzold staff could certainly pursue this suggestion. PLANNING COI�IIdI88IOH M88TING. DSCEKHSR ?. 1988 — P�GB 9 4X Ms. Dacy stated it could be investigated fro� a mainten�nce standpoint. Mr. Ron Killian, 7301 Concertc Curve N.E., stated he does not live directly across from this proposed development, but he does walk a�ound this area through Locke Park. He stated he does not object to this development. He liked the way the property would be platted into smaller lots. He wculd like to see more green space in this area to give 73rd Avenue more of a woods-type appearance. Mr. Killian stated that even thouqh the normal truck traffic is 6:00 a.m. to 11:00 a.m., it seems that many diesels are started at 4:00-5:00 a.m. just to qet the motors warmed up. �That would be a good reason for fronting the buildings on ?3rd Avenue. Iie would. also suggest one more inqress/egress going on to 73rd Avenue to allow more stackinq room on 73rd Avenue. Mr. Quam stated he did not think berming and landscapinq should be done in the median. He wanted berming and landscaping to be done along the property on 73rd Avenue. Ms. Dacy stated that within the setback area, a combination of berming and landscaping can be installed, such that the 6-8 foot high screening suggested by Mr. Quam can be achieved. MOTION by Ms. Sherek, seconded by Mr. Saba, to close the public hearing at 8:55 p.m. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr..Saba stated he felt this was a well planned development. He stated Northco has attempted to work with the neighbors and to do a good job of landscaping. He stated he had no objection to the development. Mr. Kondrick stated he agreed. For the most part, Northco has done its best to address the concerns of both the City and the neighbors. He stated the two things he was most concerned about was: (1) traffic south on the University Avenue Service Drive to 69th Avenue/University Avenue; (2) building uniformity. He, too, wou2d recommend approval of the preliminary plat. Ms. Sherek stated she did sympathize with the neighbors with homes directly across the street, because this•is a nice wooded area. Unfortunately, it is also a nice developable piece of property. She stated she did like the plan that has been presented, and she liked the proposal to break the property down into smaller lots. She definitely would object to a large "Onan-type" industrial development. 4Y pI.�►NNINa C014i288ION KBBTINa, DBCEiIBER 7. 1988 - P�G$ 10 Mr. Barna stated he also would must rather see smaller broken up planned development than a larqe development. It certainly softened the impact on the neighborhood. Mr. Betzold stated he would like to commend Northco on the time spent with the neighbors in solicitinq their input before appearing b�fore the Planninq Commission. He stated this certainly qives the City an indication of a quality development. The Planninq Commission and the City certainly appreciated Northco's efforts. MOTION by Mr. Kondrick, seconded by Mr. Barna, to recommend to City Council approval of preliminary plat, P.S. �88-02, Northco Business Park, by Fridley Business Center Partnership c/o Northco Corporation: Being a replat of Tracts A and B, Registered Land Survey No. 6, and Tract B, Registered Land Survey No. 78, generally located at 500 - 73rd Avenue N.E., with the following stipulations: 1. A development agreement be executed between the petitioner and the City Council which includes, but is not limited to: A. Design criteria B. Landscape maintenance C. Tree preservation D. Street and utility improvements 2. A storm drainage plan which either encompasses a comprehensive drainage plan or individual d�ainage plans for each lot shall be submitted prior to the issuance of a building permit. 3. The developer shall petition the City to construct and improve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development. 4. Access from 73rd Avenue shall be limited to one driveway. 5. Access from 71st Avenue shall be limited to four driveways. 6. The necessary joint driveway/parkinq easements shall be executed for Lots 5, 6 and 7 and Lots 7 and 8, Block 2. 7. A revised preliminary plat providing adequate riqht-ol-way at the intersections shall be submitted to the Public Works .� Department for review prior to preliminary plat r,eview before the City Council. � 8. The developer shall submit a proposed plan for driveway access at the curve of the proposed street for Public Works Department review and approval prior to preliminary plat review before the City Council. 4Z PLANNING COI4�ISSION 1�88TZNQ. DBCSKHBR 7. 1988 - P�GB 11 Mr. Betzold stated this item would qo to City Council on December 19, 1988. .. 2. REVIEW 1989 WORKPLAN: Ms. Dacy stated that in addition to the il items establish for consideration by the Planninq Commission in April 1987, s aff is recommending to add two more items: � 1. The Urban Desiqn Standard Book 2. Revision of the Subdivision Ordinance Ms. Dacy stated that based on City Council act' on, a third item would be a review of Light Rail Transit (LRT) outes and proposed LRT stations. City Council will be discus ing this on Monday night, December 12. Mr. Dahlberg stated that the article in e December 7th Fridley Focus on Light Rail Transit routes stat that, "According to the Comprehensive Plan, the northeast co ridor system including a selection between University and Cent 1 routes should be selected by the end of December. A feasib' ity and implementation plan would then be defined by mid-June. Mr. Dahlberg stated, personally he felt there was a need for the Planning Commission to become 'nvolved rather quickly. Iie stated he has already discussed this with Mr. Robertson, and he thought, to date, the decision makin process has not involved any of the planning staff in any of t e communities that will be affected by this corridor selection. He felt it was important to have a lot of involvement in what is impact is going to be on the City of Fridley. Mr. Dahlberg staste he was also under the impression that there was a third corrid under consideration, the existing Burlington Northern Rail, bu he had not seen any information about that in recent publicati ns. Mr. Dahlberg s ated the Anoka County Committee and representatives of the Henn in County Authority and BRW are having a-public meeting on ecember 12, 1988, in the Council Chambers at Columbia Heights C' y Hall. That meetinq is primarily for the City of Columbia eights, but he would hope either the City of Fridley could d somethinq similar to that or participate in`that meeting. Mr. ahlberg stated he was� specifically concerned that the rep sentation from Fridley has primarily been from an engineering an technical standpoint and not from a planning standpoint, and h was a little afraid of what is going to happen. � � G1YOF FRlDLEY 0 C011IiMUNITY DEVELOPMENT DEPART1VlENT � M EMO RAN D LIM �' T0: William Burns, City Manaqer�.�� FROM: DATE: REGARDING: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator January 18, 1989 Public Hearing for Rezoninq Application, ZOA #88- 04, Community Development Corporation The City Council established January 23, 1989 as the public hearinq date for the rezoning application for Community Development Corporation. Unfortunately, the public hearing advertisement was not published in time for the required ten day period. It is recommended the City Council establish the public hearinq date for February 13, 1989. BD/dn M-89-35 � 5 5A 0 PUBLIC IiEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council at the CONII�IUNITY EDUCATION CENTER, 6085 - 7th STREET N.E. on Monday, February 13, 1989 at 7:34 p.m. for the purpose cf: Consideration of a Rezoning, ZOA #88-04, by Community Development Corporation for the Archdiocese of Minneapolis and St. Paul, to rezone from R-2, Two Family Dwelling and C-3, General Shopping Center, to R-3, General Multiple Dwelling on Lots 1 through 16, Block 1 and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, generally located east of St. William's Church. 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: February 1, 1989 February 8, 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. � � c.mroF F�� TO: C011IiMl�NITY DEVELOPMENT DEPARTMENT M EMO RAN D LIM q William Burna, City Manaqer �,�' M ' FROM: Jock Robertson, Community Development Director Barbara Dacy, larininq Coordinator Lisa Campbe lanninq Associate DATE: January 18, 1989 � REGARDING: 1989 Community Development Block Grant Application/ Public Hearinq In accordance with Anoka County quidelines, a public hearing must be completed prior to the submission of the application for 1989 funds. Attached please find for your review the informational memo reviewed by the Council on January 9, 1989. Staff requests the Council to establish February 13, 1989, as the public hearing date to allow for public review of the City's 1989 Community Development Block Grant application. JR/BD/LC:ls Attachment M-89-37 n � C01V'1MUNITY DEVELOPMENT' TO: FROM: DATE: REGARDING: Deadline DEPART1VlENT � MEMURANDLIM william w. Burns, � �. �' City Manaqer Jock Robertso Community Development Director Lisa Campbel,�lanning Associate . January 3, 1989 1989 Community Development Block Grant Allocation Anoka County has established February 28, 1989, as the application deadline for the 1989 Community Development Block Grant (CDBG) funds. This deadline is important for the following reasons: 1. 2. A public hearinq is required before the application may be submitted, and There are percentage limits on the level of funds that may be disbussed to individual activities under the grant. Per._centaqe Limitg Anoka County has determined the followinq percentaqe limits on the 1989 allocation: 7� for plarininq, 14� ior public service, and 40� for slum/bliqht. Accordinq to the County, approval of recjuests in excess of these limits will depend on the aqqreqate percentaqes from all community applications received. The County will tally those numbers of February 28, 1989. ��• �• �-.L- _ The projected 1989 allocation to the City is $97,?OA. A tundinq request consistent with the percentaqe limits would fall well below the needs o! the activities currently funded by the City. These are the Riverview Heiqhts project (slum/bliqht); Human Services (public service); and Commercial Rehab (planninq). � � 6A � . : CDBG Allocation January 3, 1989 Page 2 - � In the past the City has requested funds in excess of these limits. These requests have been approved. Staff has developed a proposed request of $61,554 (63$) for Riverview Heights, $31,150 (31$) for Human Services, and $6,000 (6$) for Commercial Rehab (see table below). This request is consistent with the 1988 request of $66,959, $31,397, and $6,302 for the same proqram areas. The City has already received a fundinq request from Rise Incorporated which is eligible for fundinq under Human Services (see attached correspondence). This distribution of the 1989 allocation would allow the City to continue to acquire properties in the Riverview Heiqhts floodplain and provide continuity in the level of funding to the Human Service activities. Staff recommends approval of the proposed request. If approved, a public hearinq for February 13, 1989, should be established by the City Council. PROPOSED DISTRIBUTI�N OF 1989 COMMUNITY DEVELOPMENT BLOCK GRANT ALIACATION � Proposed Project Limits Distribution Comments (Anoka County) (Fridley) Riverview $39,081.16 $61,554 Purchase & reloca- Heights (40$) tion of Parcel 5 property in the Riverview Heights floodplain (see map) Human $13,678.56 $31,150 (31$ of $97,704) Services (15$j Commercial $ 6,839.28 $ 6,000 Redevelopment for Rehab/ (7$) obsolete commer- Blighted cial buildinqs property and/or acquisition Acquisition -- of blighted Redevelop- property for ment � redevelopment. JR/LC:ls M-88-394 �V,v�►�' ,�:.'�.�V�i�\ *� `��1 ��' j�' ��... '(OJ l Ce �� 1�•q�1 1• y 7 I iI� �� `j' �, �,• � `� 1'� , � �,. i�Q .a — �' „ . . ; �, 1!1� EY - •?� � L�NGFELLOW �� ,. . � . ,,�: :� : • ,, ,, `g' � � . 9 f ,` 1 •1 �I ,o � a �� e �''� • � r 1�6�r , r ) 1 1 'J i - (J lS J �/ .�.�.. �� - • �y ii��4 +•.I s / � '/t � •� •� .JJ� �/ `J'i., ';L � . 1 P ., e� , �, ' , . . � s - ' � ' Y ', ,. ., ,. .. . .. - ( � �•• � .M Is Q . f .� � c ! - ,f + • . � � 1 • ` ,. ' � � tS = °° 0 3 ( �G 3�fii '" '� � .c� r , < � � / is n W� ter) ,.s�.. r 0~ 9 � '' d � S s � � r i:� i,' = i., f I E 3�t .. . , O y `• ii � �i � I.i /i ' •� � � �y •� r / •i i..•. O.' . 7 O � O p, I t Y � — u 9! `�G s� �e, - J�,� �, ��. �� F o t� ,p9. ;. .� '�4:� � r-� _ ,x �.. ,.,�. " ... ' � 9a �� - ;••.�� , ..K. ,. , , `� c:"� 18 � ; � C: i. .!' v..I/ii s ,�� ::g:: -� •t � � +�•►�� 1^� yt� ��init Oirl:) � � � � cp'� � � � `►'��~,` Ii (3i%! r�• i \ ;:.� � � : �:�:: � � (s� z ` �89 �8� C�) _, � (a> ' . �\ �"� :'B:. �^ 7892 T � ��)� � �,y�� ,�n�� , •f � -, � � � g� � � . � . c o � , � �o . y `.��'�. � � ,' ` ��,� 0.� �" � � Q�p, � ', , ' '.•' 'ss �� ` . � �,,,� .� � � \ �\� : � ��W •r' � � - � � E'I ,,: `` 1 P� �� ` � . ' . � :..� � � �' 2 !'y $ (N) , '" �8ir9� ' . \ � � + ' � ' • . � � � ' �6 4 �'' '•'' 35! . � � � ~ , q' �� 7'� -.IE lN� , ' P{ ) C •,r Parcet 5 989 Proposed Qc � , , - �, � �868 ��,�� s�� ';,r 3�.� �..., :. � �'+ P� � ��` _,er3. _ �> �� '; �, �'.�'` (.�� ' �� '� � Parcei 6 1988 Proposed Acqu�si � �..� � � � � : i� , �v�`', �a�6, =: :' � P��c. Parcel 8 1987 Acquisition in Process ' ,�: q , � �, �' 3 �> �'"� _ � �,� ; •�� . � °• � • �. �. �- .. � _�,, '; ; � �;,' ��.,� g� '�) � � � � �;',N>7e'+; �*►, t�y � ;,. �� .. . KEY N r°s� ,�,, r�'+9♦ ,. %�y ' y '' �j .. ": �� _.� �, �,. �� o� � ,, - � • :� ti �- � �� Previously AcquKed Property '' � � ' [� � E' ��L (�) � �' � O � '` 783( ., �Proposed Acquisitions `�, � �� •N . ,�;:,� £„3� , . 76 � City Par _ s � ' ��) � ,\ � _ � � „� - . � � + .� � � o . �g ,� ��,: Scale: t'=200' ` � _ \�� S ' \• 4 + � � ' ` ~�4 � � •+J •S � � • � � ��-. \ _ . - .i . . .\ . . � � . � - . 34 i � �� r r �� .�_. December 1, Rise,lncorporated 8406 Sunset Road N.E. Spring Lake Park, MinnesoW 55432 612-786-8334 Metro Square 121 East 7th Street, Suite 266 St. Paul, Minnesota 55101 612-296•5350 1988 Ms. Lisa Campbell Planninq Associate City of Fridley 6431 University Avenue Northeast Fridley, 1�T 55432 Dear Ms. Campbell, . � 2423 Central Ave. N.E. M�nneapolis, M�nnesoW 55418 612-781-3114 I am writinq on behalf of RISE, Incorporated in Sprinq Lake Park to present initial information on the $1.8 million capital program RISE, Incorporated has recently launched to meet growinq community demand for services. I have been involved with RISE at the board level for more than five years and am currently servinq as chairperson of the Governmental Committee for the.capital campaign. Others working with me on this committee are the Honorable Don Masterson, Mayor of Spring Lake Park, the Honorable Marilyn Schultz, Mayor of Ham Lake and the Honorable Bob Lewis, Mayor of Coon Rapids. We would appreciate the opportunity for RISE Bc�rd member, Don Masterson, or me to present the investment opportunities for � Partnership That Works to your City Commissioners at an approrpriate time. I hope the followinq information will provide the initial ba�kground information you need to consider the possibilities of a request to your city for fundinq. We will be qlad to complete any forms you may require in your review process. RISE, Incorporated was started in 1971 by a qroup of concerned citizens in Anoka County to meet the vocational needs of Anoka County residents whose lonq-tern� mental and physical disabilities present barriers to securinq conpetitive work. In 1987, RISE served 1,273 individuals throuqh training, employment and counselinq services. RYSE is currently serv3.nq 103 residents oi the City o! Fridley. RISE is experiencinq an increasinq demand to provide services, and projects that in 1988 the total number of people served will increase to 1,492 and by 1993 expects to be servinq 1,850 individuals. Currently, RZSE has over 13o individuals on a waitinq list !or whom there ia not space available. To meet this need and the projecte�l- qrowinq demand in the years ahead, RISE must expand its capabilities at Lisa Campbell December 1, 1988 paqe two locations in Sprinq Lake Park and North Minneapolis and RISE must develop additional host businesses in the North Metro Area. RISE's professional staf! is capable ot meetinq the demands ior expansion it additional physical space can be secured. The proqrams developed by RISE have qained natfonal recoqnition and management has been called upon to consult with similar aqenciea internationally. The qrowinq population of local citizens requirinq RISE services coupled with its successful and effective proqramminq, has led the Board of Directors of RISE to launch a$1.8 million capital campaiq�n. Funds will underwrite the cost of additional space to serve people with disabilities in Anoka, North Hennepin and Northern Ramsey counties. The board and other community volunteers are actively seekinq support from local individuals and businesses, foundations and community orqanizations. I hope to work with you in explorinq the possibilities of the City ot Fridley supportinq this local proqram. After initially reviewinq the guidelines for Community Development Block Grant (CDBG) �fundinq, I believe that RISE meets the requirements for funding under the Economic Development section. I welcome, however, any suqgestions you may have about other areas a request for 'fundinq would fit in your city's budget. For your records, I have sent a similar letter and information to Mr. Brad Turner and Mr. Jock Robertson of your city. Enclosed is a copy of the Preliminary Project Request Forn which outlines in more detail the background and scope of the project. Additional supportinq information is available upon request. Please feel free to call me at 757-6909 or John Barrett, RISE Executive Director at 786-8334 if you have questions or would like additional information. Sincerely, Qi/t �'u�L��'Y' aiaret Lan feld 9 4 Anoka County Commissioner Vice President o! the Board RISE, Incorporated Chair, Goverr�mental Committee A Partnership That Works Capital Proqraa l•� � a � � �a� TO: CCJ11MItUNITY DEVELOPMENT DEPARTMENT' MEMORANDLIM l�' William Burns, City Manaqer �:�� FROM: Jock Robertson, Community Development Director Barbara Dacy, lanninq Coordinator Lisa Campbel��lanninq Associate DATE: January 18, 1989 REGARDING: Establish Public Hearing/ Proposed Yard Waste Amendment to Ordinance 113. Refuse Disposal �ction Requested: In accordance with the leqal requirement for ordinance changes, staff requests Council establish a public hearinq for February 13, 1989, on the proposed yard waste amendment. The information contained in this memo has been revised to address concerns raised by the Council on January 9, 1989. Attachments include: a draft of the proposed ordinance, a preliminary report on the compost site, and a copy of the Environmental Quality Commission's recommendation for approval of the yard waste amendment. Backqround In 1988, the Minnesota State Leqislature amended the Waste Management Act of 1980 to prohibit the landfilling of yard waste in the State by 1990. In response to this mandate, many cities in the metropolitan area have amended their licensinq requirements to include seasonal pick-up of yard waste. These cities include: Blaine, Plymouth, Edina, and St. Louis Park. C�ties currently reviewing such an amendment include Columbia Heiqhts, Coori Rapids, and Spring Lake Park. In December 1988, refuse haulers met with City staff to discuss the best method of implementinq a yard waste collection proqram for 1989. The haulers recoqnized that yard waste collection is a�ci important aspect of any recycling program. Haulers asked that the City establish only general parameters for a yard waste collection program, but allow them flexibility to,determine the specifics o! � Q 7A Proposed Yard Waste Amendment January 18, 1989 Page 2 their own programs to save money and time. Survey responses from haulers indicate the cost to residents for the additional service will range from no cost to fifty cents per baq.� s Under the proposed ordinance, users of the Fridley compost would not be expanded to include refuse haulers. The County of Anoka requires all haulers to take yard waste to the Anoka County Bunker Hill and Chain of �Lakes compost sites. The Council may wish to consider the future operation of the compost site in the context of approving the yard waste amendment. Please see Attachment B for a summary report of the existing conditions and future potential of the site. Proposed Ordinance Based on the discussion with the haulers and a review of the yard waste ordinances adopted by other cities, staff has developed a draft of the proposed ordinance for your review. Please see Attachment A. The proposed amendment will require separate pick- up of yard waste in the spring and fall of each year. The required length of pick-up should be set at a minimum of at least six or eight weeks. The haulers would be required to pick up yard waste for six or eight weeks in the spring from April 1 to June 15 and for six or eight weeks in the fall from September 1 to November 15. The changes to application will include a detailed description of: (1) the manner in which the applicant intends to separately collect and haul away yard waste. (2) the manner in which the applicant intends to account for the amount of such yard waste; and (3) the method by which the applicant will inform its customers of the yard waste collection program. New reporting requirements will be the submission of a report on the yard waste collected and delivered for composting during each week of the period. This report will be due within 15 days after the expiration of each complete collection phase. � Seven surveys were distributed. Five of the haulers responded. Of those, two (2) will provide this service at no additional cost, two (2) will charge twenty-five cents (.25) per bag, and one will pick up a total of six bags at no cost, any additional bags will cost fifty cents (.50). Proposed Yard Waste Amendment January 18, 1989 Page 3 � Sta� and Environmental Oualitv Commission Recommendation Yard waste recyclinq is essential to the City's continued success in recycling as it constitutes 8$ of the total waste stream. The haulers are supportive of the amendment. Curbside collection of yard waste will give Fridley residents an easy and convenient means of reducing the waste stream at little or no additional cost depending on the hauler they use. Passaqe of this amendment will also demonstrate the City's commitment to solid waste abatement. Staff, alonq with the Environmental Quality Commission, recommends approval of the amendment. The Environmental Quality Commission's resolution in support of this ordinance amendment is attached for your consideration (Attachment C�. JR/BD/LC:ls Attachments M-89-22 � 7B Attachment A 7c REFII88 DISPOSAL oanxr�rc$ xo. _ . !lN ORDINl�NCB RBCODIFYINGS THB FRIDI.$Y CITY CODB 113, ENTITLED '�REFIIS$ DISP08AL" BY AMENDING SLCTIONS 113.01 (6� 7� 8)� 113.04� AND 113.10.28� AND BY REMEMBBRING TH8 NE%T CON88CIITZVE NQMBSRB The City Council of the City of Fridley does hereby ordain as follows: 113.01. DBFINITIONB 6. Retuse All solid waste products or those having the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed of wholly or partly such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid waste or domestic solid wastes; organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter from the kitchen, dining room, market, or food establishment of any places dealing in or handling meat, fowl, grain, or vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trimmings,//grass clippings,f/brick, plaster or other waste matter resulting from demolition, alteration or construction of buildinqs or structures; accumulated waste materials, cans, containers, tires, junk; or other such substances which may become a nuisance. 7. Rubbish Wood,//leaves,//trimmings from shrubs, dead trees or branches. 8. Yard Waste Comcostible materials such as arass clipcinqs and or leaves �rbich are collected and manaqed seQarate trom other Naste, but does not include brush, vood waste, or tree trimminqss 113 . 0 4.. YARD lll�iSTE CONTAINERB Grass clippings an leaves, �l�t not brush wood waste and tre� trimminas//and other similar refuse//may be placed in baqs or bundles not exceedinq three (3) feet in any dimension and not exceedinq 60 pounds in weiqht and shall be securely fastened to avoid spillage.//Household appliances and furniture falling within the definition of refuse need not be so�packaged.// 113 .10 . REFII88 HAIIL8R8 � RBGQI.7�TIONB 2. Licenae Procedure B. The application for license or renewal of license shall contain a description of the types and makes of motor vehicles used for collection, a schedule of services to be made to the customers, the frequency of service to be rendered, and full information as to where and how the material collected will be disposed of, and any other information the City of Fridley shall require. Applicants for licenses after July 10, 1975, desiring to provide routine weekly collection and removal of refuse from residents shall provide, as required under this Chapter, complete collection of all refuse which normally results from day to day use of this type of property except furnishings, appliances, buildinq or construction wastes, and similar bulky wastes for which individuals must make special arrangements. The City may require vehicle inspection before processing the license application. Applicants for licenses after JanuarY 1 1988 shall provide and comtilete separate seasonal collection of residential yard waste for a period of not less than eiqht or six weeks in the spring and not less than eiaht or six weeks in the fall. Pick-up will occur in the s�rina between Aprii 1 and June 15, and Septembe�r 1 to November 15 in the fall. The applicant s all provide to the City a detailed description of • 1) the manner in which the aD�licant intends to separately collect and haul awav vard waste; 2) the manner in which the applicant intends to account for the amount of such vard waste: and 3) the method by which the applicant wi�l inform its customers of the vard waste collection p�ogram The agolicant shall submit a reDOrt within 15 days of the ex�iration each collection period. T�e report shall include weeklv rates of collection by volume of vard waste collected and the Anoka County location the materials were delivered to for compostina. 7D. - _ 7E Attachment H BTAFF SIIMMARY .� COMP08T 8IT$ CIIRRE�iT CONDITIONB AND FIITIIRE POT$I�1'1'IAI, Soil Scientist/Consultant Nancy Schumacher was asked to assess the current conditions and future potential of the Fridley compost site. Below is a staff summary of her report as well as staff recommendations for both the short and long term operation of the existing site. � �i��'�`�'� Current Conditions The volume of yard waste generated by the City of Fridley is estimated at approximately 21,000 cubic yards or just less than 3,500 tons annually. During the 1988 season, roughly 2,100 cubic yards or 10� of the City�s yard waste was deposited at the site. On October 31, the site was closed because it was at capacity. Several residents were subsequently turned away. Current demand for compost drop-off clearly exceeds the capacity of the site. The quality of the finished compost is fair to good. The finished product does contain a considerable amount of sand. Given the sandy nature of Fridley soils, this is not surprisinq. An increase in density of the finished product is the primary impact of the sand. It does not appear that there is excessive backlog of compost indicatinq that there is demand for the finished product. The size of the site would be extremely inadequate for handlinq all yard waste generated by Fridley. The amount of material currently managed at the site exceeds commonly accepted volume per land recommendations of six to ten acres. The Fridley site is roughly 1/3 acre. Any increase in the amount of yard waste composted at the site would result in poorer quality compost, unmanageable site conditions, and possible odor problems. An expansion in users of the site to include haulers would require additional maintenance and the purchase of specialized equipment. The current site presents several positive conditions that should be considered by the City. Accessibility and hiqh use of the site have been the result of its location and small service area. Demand for the site and its finished product are;qood. The operation of the site in conjunction with an attended recyclinq center has reduced the dumping of unwanted materials. Soil and drainage conditions at the site are qood. Finally, there have been no complaints about odor or traffic at the site. Compost Site paqe 2 Site Manaaement Options 7F � As stated earlier, durinq the 1988 season the compost site reached capacity and had to be closed. This fact, alonq with the 1990 ban on the landfilling of yard wastes, requires the City to make some decisions concerninq the future management of the site. The consultant has suqgested two options: 1. Establish a larqer City operated site with the space and equipment necessary for the handlinq of all yard wastes generated by Fridley residents or at least a larger percentage of this waste. 2. Close the site and direct residents to the Anoka County site. Please note, the consultant's options were not considered in the context of the proposed yard waste amendment being approved. For this reason, staff recommends investigation of a third option: 3. Leave the seasvns in amendment. Staff Recommendation site open for up to two additional growinq conjunction with approving the yard waste All of the options have been reviewed by staff. After a discussion with the Public Works Director, it is clear the increase in operation, maintenance, and equipment costs required to implement option one are prohibitive. Option two has the disadvantage of reducinq the yard waste disposal options available to residents. Option three would allow residents at least four viable methods for disposing of their yard waste. These are: 1. Back yard compostinq 2. Curbside collection of yard waste 3. The Fridley compost site 4. The Anoka County sites Leaving the site open for two years would relieve some burden on both the new yard waste collection system, if approved, and the relatively new County compost operation. Option three has the additional benefit of rewardinq residents who have used the compost site as a matter of responsible management of their yard waste. During this period the site could be monitored to determine i! curbside collection of yard waste results in a reduction and use of the site. The City would also have ample opportunity to thoughtfully and responsibly educate its residents on the acceptable and leqal disposal of yard waste. 7G Attachment C� JOINT EQCfENERGY COI�IIKISSION MEETING. JANUARY 17. 1989 MO ION by Mr. Svanda, seconded by Mr. Stark, to recommend the City Council move forward with the amendment to City Code 113 for a public hearing; further recommend that the City Council adopt these amendments into the City Code 113; and also recommend that the City's existing compost site remain open an additional two years, during which time its use will be monitored, and at the end of that time, a recommendation will be made regarding continued use of the site. IIPON A VOICL VOTE� ALI. VOTINt3 AYE, CHAIRPERSON DAHLBBRG DECLARED THE MOTION CARRIED IINANIMOQSLY. � � F�a� � C011ItMUNITY DEVELOPMENT DEAARTJVIENT � M EMO RAN D UM ��. TO: William Burns, City Manager �, FROM: DATE: REGARDING: BACKGROUND Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator January 18, 1989 Approve Land Surveyor's Certificate of Correction to Heather Oaks Plat; Lots 1 and 2, Block 1, Heather oaks The City Council approved the Heather �aks final plat on April 4, 1988. The Heather Oaks subdivision is located west of and adjacent to Stinson Boulevard N.E., approximately 500 feet north of Gardena Avenue N.E. The subdivision contains 16 single family lots. ANALYSIS The surveyor for the plat has determined that there was an error in the alignment between the common lot line of Lot 1 and Lot 2, Block 1, Heather Oaks. After a final plat is recorded at the County, State law requires a certificate of correction to be approved by the City Council. Attached is the proposed certificate of correction. The City Attorney's office has reviewed the document and has no adverse comments. RECOrIIKENDATION Staff recommends the City Council approve the land surveyor's certificate of correction as presented in attachment no. 1.� BD/dn M-89-27 ' Attachments: 1. Land surveyor's certificate of correction to plat 2. Site plan indicatinq proposed lot line adjustment 3. Preliminary plat and location map dated March 2, 1988 � 4. Memo from Greqq Herrick dated January 16, 1989 � LAPiD SURVEYORS CE�tTIFICATE OF CORRECTION TO PLAT Name of Plat: HEATI�t OAKS Pursua.nt to the provisions of Chapter 505.174 La,ws of Minnesota, 19g'j, I, Rona.ld F. Meyer, the undersigned., a Registered. La.nd S�veyor in and for the + State of Minnesota, declaxes as follows: 1. Tha.t I prepaxed. the plat of i{FATF�R OAKS dated Ju�y 11, 1988 and filed on July 11, 1988 in the Office of County Recorder as Docwnent Number 814267 , Anoka County, Minnesota� in Book 39 of Plats, page 20 . 2. Tha.t sa.id pla.t contains errors, omissions, or defects in the following particulaxs, to-wit: all in Block 1 Horth line Lot 1 is 72.00 feet " West line Lot 1 is 139.05 feet, bea�--ing of H4°3?'25"E South line of Lot 1 is 67.73 feet, delta angle of o°54'46" South line of I,ot 2 is 69.44 feet, delta angle of 7°05'i�{" North line of Zot 2 is 58.00 feet Drainage and Utility Ea.sement, 5 feet on each side of the west line of I,ot 1 3. Tha.t said glat is hereby corrected in the following particulaxs, to-wit: all in Block 1 North line of Lot 1 to be 73.86 feet West line of Lot 1 to be 139.01 feet, beaxing of N3° 35' �+9"E South line of Lot 1 to be 6�.10 feeic, delta angle of 6°50'S5" South line of Lot 2 to be 70.07 feet, delta angle of 7°09'05" North line of Lot 2 to be 56.14 feet Draina.ge and Utility Ea.sement, 5 feet on each side of the west line of Lot 1 to be on the corrected west line of Lot 1 Dated �e c�� d�r 2`/,,, 1988 �—' Re stered Land S veyor No. 5 5 ate of Minnesota The above Certifica.te of Correction to the plat of HEATI�R OAKS ha.s been approved by the City Council at a regular meeting of the City Council of F�idley, Minnesota held on the day of ,�989. Mayor Clerk This Certifica.te of Correction has been checked and approved this day of , 1989• By Merlyn D. Anderson, Anoka, County Surveyor � 8A �-- -- s8. oo - 6y'• `ry� G = >vo3'��.. --- . 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ATTORNEYS AT LAW � MEMORANDUM T0: Barbara Dacy, Planning Coordinator FROM: Gregg Herrick, Assistant City Attorney DATE: January 16, 1989 RE: Heather Oaks Certificate of Plat Correction Pursuant to your request, I have reviewed Ron Meyer's Certificate of Correction. The Certificate appears to be in proper form according to the statute authorizing such correction. Our office does not have sufficient information, however, to review the corrections themselves to ascertain whether or not they correct the difficulty which was apparently encountered. GVH:Idb Suice 205. �� (]lYersirv �iVCnnP �i F Frir�lPV A,�inn�cnr� SS12i 1,12571 24C/L : � E�g�necf�,lg ISewer iWater Parks Sheets Ma�nten,incr � " � • � � - �• � MEMORANDUM TO: John G. Flora, Public Works Director FROM: Ralph Volkman, Public Works Superintendent DATE: January 20, 1989 SOBJECT: Well Bid Award for Wells 6, 8, 11 (Project No. 186) On January 12, 1989, at 11:00 a.m., bids were opened for the Repair and Maintenance of Wells 6, 8, and 11 Project No. 186. Layne Minnesota was the low bid of Well 6 for $12,612.00 and Well 8 for $11,831.00. Mark Traut Wells was the low bid of Well 12 for $29,440.75. Having good work experience with Layne Minnesota and Mark Traut Well Company in previous years, we recommend that the City Council award the bid to repair Wells 6, 8 and 11. RV/ BN/ts Attachments � �� , •. � a � t. �o v i O Z +� i � .Q O � N L d C � a O v .� m c b b •r L i O i �--- b LL. U C t I, 7 Z 0 � � W J a � O v c� z r.-� F- � a � N �►�O � J Q J �-- J O W F- 3 0 z 0 m c � m', oc 0 �o E o eo z W OO � Z O 4�j J �-- J CJ J �-- Z W O � aZi 3 O� ►-+ ta. O ~ � o- � Q � N O )- a+ O.- U � Cp 3 � V � L �-r �O Q 7 C.7 . d .0 Z W R! ►-� � "� 1-- � Q H N NR t0 � J Q J I- J O W F- 3 C Z O m A •-- .0 C b E � i Y A Q r L. Z � � 0 � i r- +� rC W i L �r- Gr o a o 0 � � 7 N L d C d a O . '� ..- m z 0 � w J G. i 0 U �7 Z ►-r � � a /-- N � � � J Q �J �- J p W F- 3 00 E �O O Q Z O y�j J r- _.l (7 J •- � ►�•� 3 O� a � ao � � �rn � o � ^ o a cv r .-+ o .- r ao 3e � ... u a� � b a� . n. . c w Rs � � G Z O � G �-+ m 0.' O Q Z W � Z O N W J a � 0 � c� z .� f-- a ¢ H N W00 � J d ..� �-- J O W F- 3 ►-� m � O � Z W 9 � � r L C eo b L O i r- RS lL G C t O O � 7 N L Af C N a O . V .,� m Z O � W J d E O C� � Z � H OC 4 �"� N r 6A � � J Q ---� �-- J O tai 1-- 3 � r � O O Z O W J r- J t:� J r- W � rZ-+ 3 Q'+ t�a. W O � a ►- �-- �Q O ]i[ w � Q � r � � 3 � V � L �--1 b Q � • a. . �. w b � � C Z O m G f.r m � O � Z W � Z O H W J a � � V � Z � F- � ¢ f-- N �-- M �-- � J Q J H- J O W f- 3 � Z O m 0 ►--a m � O O Z W > 9C � T0: FROM: �ATE: E�,g��,e��: s�We� w.,�e, Parks Streets Mamlene3nc�� MEMORANDUM william w. Burns, city r�lanager John G. Flora, Public Works Direct.or Jarnlaty 18, 1989 SUBJEGT: Water Sjist�n Distri.butioci Study PW89-6 The City had advertised for a Rec�est for Proposal (RFP) to oca�lete a oa�uter analysis of aur water clistrikutioaz systen. Zhirteen (13 ) suixnittals w�re received. Staff revieti�ed the RFP's and established a short list of faur firn�s to irYterview for the project. On Thur�.�day, January 12, 1989, we intexvie�a�ed the follvwir�g: � �� 1. FiNI'B 2 . OS1�I 3. Cean.stock & Devis 4. S.E.H. �. •�. $22,970.OQ $25,800.00 $26,700.00 $20,200.00 As a result of the intetviews and the RFP sutsnittals, it is staff's reccmm�endation to award the Watet Sjrsteqa Distxibutioaz Study to HI�fI'B for a maxita�an contract of $22,970.00. By the terms of aur RFP, the vendors w�ere asksd to develagnent recce�nenlatio�ts reqarding the c�zterization of our distribution syst�n ar�d th+e additiar► of a well (s) for aucpnenting the water level in Moare Iake. Other elemertts of the study to be c�ipleted are aitlined in the project approach sec,-tion of the attached proposal fx�xa HIV'TB. Once the consultant has c�anpleted his wt�rk, w�e will ask hita to discvs.s hi.s final recc�nm�endations wit21 the Cau�cil in a ooa�fere.r�oe se.ssio�. Sinoe the work will not be ccat�leted wztil D�eo�mber, 1989, I wruld ex�ec�t this report will oocvr approxim�+tely oa�e year frotn naw. Ftiulds for this study ($40,000j are inclu�d in the 1989 Capi�al Yu�rav�t Budget. Staff reoca�ane.nds yatr approval of this oontract. JGF/ts 10 ��_ � � �c_� a 10A HOWAfaD NEEOLE8 TAMMEN S► BEROENDOFP January 18, 1989 Mr. John Floxa Director of Public Works City of Fridley Civic Center 6431 University Avenue NE Fridley, I�IN 55432 Re: Water System Study Dear Mr. Flora: � Howard Needles Tammen � Bergendoff (HNTB) is pleased to have been selected to complete the water system study as outlined in the request for proposal dated November 8� 1988. This proposed letter agreement for engineering services is submitted per your request. It includes a brief project description, a scope of services to be performed� and sections on compensation and schedule. If the terms and conditions of this letter agreement are acceptable to the City of Fridley, please indicate that acceptance by signing both copies and returning one for our files. PROJECT DESCRIPTION As we have previously discussed, the initial phase of the study is to be an in-depth review of the water distribution system to determine its capa- bility to meet both existing water demands and future water demands. In addition, methods of augmenting the water level of Moore Lake will be evaluated during the initial phase of the study. Depending on the findings of the initial phase, the need for additional sources of water or additional storage reservoirs may be studied in subsequent phases. SCOPE OF SERVICES The services that HNTB will provide to complete the water system study are outlined in the "Project Approach" section of �INTB's proposal dated December 15� 1988. This has been appended as Exhibit "A". AreMl�eb EnOY�rs Pl�w� p00 Frr�p Aw�. SaAA. MY�nwPoYa. MYrwo4'.i5q6. N2 f�NM Pab»rt Gerartl F. Foz PE. C�arles T. Hennipan PE, Danisl J. Watkms PE. Danbl J. Sppr PE. John L. Cotton PE. Francis X. Hal� PE, Robeh S CaM PE. Donaltl A. Dup�es PE, Widiam Love FAIA, RoDeet D. MiNer PE. James L TWtls, Jr. PE. Flupn E. Schall PE. Cary C. GooOnan AlA, Gortlon H Sirney, Jr. PE, Harvey K. Hammond, Jr PE, Stephen G. Goddard PE. John W. WpM. Jr. PE AasoeiNN Don R On PE. Ke�tlall T. Lincoln CPA, RoDerts W. Smitbem PE Ricl�ar0 D. Beckman PE. Harry 0 Benossa PE. Ralph E RoDison PE. Cec�l P. Coums PE, Stanby L Mas1 PE. RoOen W. Anzia PE. WaNe� Sharko PE, Jamss O. Russell PE. Ross L Jensen AU, f�arnc T. Lartwn PE. Ronaltl W. Aarons AIA, M.Jerome Butle� PE, Blalse A+L Gmere PE. Michael P Irqardi� PE. Beml�rd l Pmice PE. Slephen B. Ownn PE. SaW A Jacobs PE. Ewa�p N MiHe� FAIA, Douqias C Myhre PE. Carl J. Meiles PE, Daniel F. Becker PE. HicbarA L Faman AIA, Donatd P Keut� PE. Doupias E P�eseou PE. FlonaW L Marqe PE. RoOen W Lwcombe PE, T►qrtws L W i1F�ms AIA, DerxNS E. CoNC1in FE. JoM E. Kupce PE. AoOney P Pdb PE. 9even M. Re�as AIA Olfic�s Alezandrw. VA, Atlarna, GA, AusUn, TX, Baton Roupe. U1. Boata+, MA. Charbslon. NN. C►MCapu. IL, ClevNarw. OM, Da11as. TX. Demer. CO. Fautiew. NJ, Mar�fo�0. CT, Houston. TX. Ind�anapoiis, W. Irnne, CA, Kansas City, MO, Lexmg�on. KY. Le•mpton. 1AA. �os Anyeres. CA. Mum�. FL. Mdwaukee. WI, MmneapW�s, MN, Nashw. NM, New Yak, NV, Ortantlo. FL Overland Park. KS. PnUatlelpM�. PA, W�osn�x, A2. Fakqn. NC. Sea�qe. WA. Tampa. FL. Tutsa. OK, Wdm�ngtaL OE Mr. 3ohn Flora January 18, 1989 Page 2 COMPENSATION Compensation for HNTB's services to complete the water system study shall be on an hourly rate basis, plus direct expenses at HNTB's cost. Hourly rates will be determined by applying a multiplier of 2.72 times actual hourly wages of employees workin$ on the study. Hourly wages as used herein shall not include fringe benefits. invoices listing names of individuals working on the study, hourly wages and number of hours actually worked on the study will be submitted not more often than monthly. An estimate of costs to complete the water system study was included in the "Costs" section of HNTB's proposal dated December 15, 19$8. This section has been appended as Fachibit "B". The total cost of $22,970 shall not be exceeded without written authoriza- tion from the City of Fridley. SCHEDULE Upon approval of this Agreement and receipt of written notice to proceed, HNTB will commence work on the study. The study will be completed in accordance with the schedule presented in the "Schedule" section of HNTB's proposal dated December 15, 1988. This section has been appended as Exhibit "C". If you have any questions or require additional information, please contact me at 920-4666. Sincerely, HOWARD NEEDLES TANIMEN & BERGE OFF � � .'�-D+a,1Z Thomas A. Roushar Pro j ect Manager i/�G�`f�''r c../ Richard D. Beclanan Partner RDB/dhs 00140:17 Accepted and Approved CITY OF FRIDLEY By Date 10B t Parks Streets M�intenancc 0 MEMORANDUM . TO: William W. Burns, City Manager !A' PW89-12 � FROM: John G. Flora, Public Works Director DATE: January 18, 1989 SIIBJECT: Resolution for Street Improvement Project No. ST. 1989 - 10 (Sealcoat) Attached is the resolution ordering improvement, approval of plans and advertisement of bids for Street Improvement Project No. ST. 1989 - 10 (Sealcoat). This resolution is being provided for execution by the City as mandated by State laws. The streets chosen for this year's sealcoat improvement project have been selected by the Public Works Department as part of the City's established Street Maintenance Program and will utilize the FA-3 (Traprock) aggregate. This resolution is submitted at this early date to enable the City of Fridley to gain favorable competitive prices. We may, at a later date, submit a joint resolution with the City of Columbia Heights for a combined project if it is deemed warranted. Recommend the City Council approve the attached resolution. JT/ts Attachment � 11 I �. , � 11A R]�I�'l�i 1+U. - 1989 •I:r: � 1 •: • •1�;:�1• � � �• •.� + 5� �:�1 •.� . . � - `T� • '1 �::�I' � • � • :�I'� �1:r I;� ' �)' : U : 'J 71 ` 1 1' '� � • :r 1:� '�• :r • � :1:�� •�r. W�REAB, ti�e City Ca�r�cil of the City of Fridley has established a policy of Sealooatix�g the City streets or► a regular basis, W�B, th+e Public Works Direc.'tor has sui�nitted a plan shvwing the streets in rieed of sealooating, 1�7W, T�, B� ZT RF�OLVED, by 'the City (7au�cil of the City of FYidley, Anoka Caunty, Minnesota, as follc�ws: 1. That the streets reoc4nnended for sealcoatiryg by the Public Works De�partinent be sealcoated, atYl the w�ork irivolved in said improve�nent shall hereafter be designated as: SZi�J.' II�'RWH��TP PI�OiTEGT I�U. ST. 1989 - 10 2. The plans and specifications prepared by the Public Works Depaitment for such impravement arid each of theqn, pursu�ant to the Cb�uicil � action heretofore, are here.by approved arid shall be filed with the City Clerk. , 3. The werk to be performed urr3er STRF�T II�RWH�T� P��TECP N0. ST. 1989 - 10 be performed under one v�ntract. The Public Works Direc.�tor shall avcon�iingly pregare ar�d cause to be inserted in th,e official newspaper advertiseqnent for bids upon the maki.ng of s-�x3� impravements under suc3i approved plans ar�d specifications. The advertise�nerYt chall be published for twe (2) woeeks (at least 10 days), and shall specify the work to be done arid will state that bids will be opes�ed at 11: 00 a.m. oaz Tuesday, March 7, 1989, in the Cauicil Criambers of the City Hall, ar�d that no bids will be considered unless sealed and filed with the Public w�orks DeparGmertt and aocoa�anied by a cash deposit, bid borxi, or oertified check payable to thee City for five percent (5�) of the ama�nt of such bid. That the advertisem�.nt for bids for STREET PRO►TDGT I�U. 1989 - 10 shall be substantially standazd in form. PASSID ArID ADOPI�D BY Ti�; CITY �IL OF Zi� CITY 0�' FRIDLEY T�8 23ItD L1�Y �' JAN[Il�RY, 1989. WILLIAM J. NEE - N�,YOR AT�EST: t/' ��-'� -� NYM M �:. 1989-10 SEAL-COAT PRO.�CT (�-3) � 1 B , ' �_ �: `-�=',�„�� cr�.. m�...vrtor �- � �� : `;;:�;'{;e � '�'•��_, � OB7WCIS _ 067NC�S j,•:'�:t'��1i'1 �'J^��± �� r Y �� _ -' � � �;•'� +� " � • • I =_: . ;� .,�,_' �� _= .. -- �=; �� _ � ..�` `_ ��_-- . �� -� �� - a \ �,� ,` ~ ' ��i ' J� ° =- -- --- . �� rt _ :__ � ..� � V _. � � �� - _ � 1 ' � >'�'��'a�..�---� � ;, __ , - . , -� �"� �� :. '� -..� ��` _ _..- _�'� � . � �,�i-- y� �'" � �� \b�,�d }�� .,` . � �� _ �r—_—� �� ' '.d. ti � °%- - _ p ��j��L i � ' L__r-__ J `i�' '� o � � y�/ � �/'/�� 'i t i�.=� J = � ��I '�� N � ' �`(�� - � � �,/ ' . ri�!-� � � t �.�� _�.� -�p > i � �I -- � ,� 4� � �J, — _ � _ — "r__ �;r / '� � , rQ�;, �� wJ�-� \' e �� ' �� __ ;� D — � � .F�� ` i--, — � � _ ` ..__ S ' � • ., _ ,: ; o . - �- � t i � :�� +,-� � •L �, i. 'Gu`TL�.,y 1: � _�C--��► �,, � �-: �: �.; , �I^ � �� I � --.,-1,� � ��''g ��{ '- �` T � i� . y 1��( �� =;.'�'�' ,� r �� ." �,�<��' y _ V/1 ✓/�, c - ,J / /„� �� '1 i �' � / / ^I 11 � J� � � /1 \ f s i [ - I ' m�� , _.II J �i/ � �r �� /,=:� J � �, �- lF� l � V ��'. _� M _.— \��j� _. � �� r _ �� j_�I• `_`�� i : ' , � �_ �-�� I� � ��I i��---.aJ - �,' � J' ,� �� ` _ � ,� �� , � . � ; � _ ' �� ,; �-- ,v '�- �-,� _r , ,,° - .; • � �` ' i ' ` � �� .'4 '� �= � - � � ��f� � � I / I� • �� ,` � �,- � � ' � a �.�J�� : � !�,lL;� � � _ -- ��` : �� oa , s :' ! - � --- '��T'I � = " , � ; i `q9� --- �,.,'T,u I I ,� ` .Y � �. , ti., �, , i , ';� �� '� ' : � �� -- � � .� ,� _�� -�.� ,. . ; _� .�, �� , , , I !' i�__.,� ---- � �_-��4 , " � � +i �._!' 1 yr,�. � I 'W ,`� / / -- � .I ^ '..C�� , ; . '' _ � - ... �9° � It � � %� y � � :.LJI i fl � .I�^ �f/ �� _. �� I - li �� - �1';j ; � �`�— -- ', ! - �� _ _ L_�__�!� � ��J �s �� , �. !�-�. .... ; , � .�� t .� - � -� � _ . -- == __ I �� t a ^,, � _ _ _=� =; _`:: _= =:: _ � � � , 4 , � _ _ �:Lil,� . �:i. � a 3s'' _= � rtij = -; ~rg $� � �� I I r-: s;' `s ^'c? a � � �?'�,,` ` t ,�F.__�:IL.Ll1J��l14 � �,�_ � �=}S -E r-cti e �� °% ...°i = � . g `�?, T'-��' - _=� :-- __= �� __; s ; -�..- � -i> � � �I��I t -• - ��'r- ��S .:� ?-i .. �a� . .� p u f �. __ - � �� =r. � , Ca: ,C'. �� r1 \• ^' � I = � CrJ" ..^ „ ' T.1L�� ~y CZ � ) S;:' I �R ��..•- ��Z�j.� II �S'C aw� � I y' i r � �� • � `y�"...� ..Z'�'� �1' �..�3 �i m 7 �✓� , �. » �� .. � K . ' �,'f.�.s` : , - -v '�. 5' � � +.. n — � = r �_ �� . � z a =� � � _f - s = ` - =t�-' ° 1 i� ' � J :�.-.-.' e_ � a! �4f . � � _--" = " � ' <.r� G2. ��.'� i'21 ytl � `�� ,: � i ��` `� � �CS A 7� 3 .�y... F � t ' 1 � S=•� -' � ' � ' 7 � '_�"" ..�T• 7L�• F �.i'r .'. i St7`• .. � T� � SS' /' ,' � - �T �� r ' ±71 `Z � � -'ya ;�—_.�- �� B_! .�.��.. � � _ �L�� - .S7REET MAP-CITY OF r =�La �/ � = 3 FRIDLEY s =� � ... - ._.. -=� �� -_... � -�. -= =-= ___-� 12 MEMORANDUM ,�� TO: William W. Burns, City Manager,�:•� PW89-11 'FROM: John G. Flora, Public Works Director DATE: January 18, 1989 SUB.TECT: Resolution for Lake Pointe Development Maintenance Project No. 187 _ � Attached is the resolution ordering improvement, approval of plans and advertisement of bids for Lake Pointe Development Maintenance Project No. 187. This resolution is being provided for execution by the City as directed by the Fridley HRA at their January 12, 1989, meeting. This will be the second year of this program and will cover all maintenance of the forty-four (44) acre site. Recommend the City Council approve the attached resolution. JT/ts Attachment ; � 1tF,80I�i1'I�I 1�. - 1989 '1'r:' • I •' • 'J �' �1' � � I "� I � :r I:r+ •. � I . � 1- , � • •/�:71• � • � � �I'� :1} 1:�1 ' • ' : 1� : • V: • • � �:' � :rl • • I:r� I f• � :11 1• �1_ •,• :r • W�S� t�'�E.' C�O�'IS'�ri1C�lOi1 Of Cy2r'td1I1 111Q1'�W�3112rit'S 1S d2e'![IEd t0 �2 1TL t'�]@ interest of the City of Fridley and the property awners affec.-ted th�,reby.,, . NC7W, TF�, B8 IT It'�'�oLOE'D by the City Gau�cil of the City of Fridley, Ainl� Ccxinty, Minnesata as follaws: 1. 'Ihat the follaauig in�rovements prc��osed by Oo�ulcil R�esolutions are hereby ordered to be effec.-ked and vicenpleted as required: • �- •� � ��.+1'�:� i ��,� w�: i��4�+��c �!�= ��! )J.� �! - 2. The plans ar�d specificati�s prepared by the Public Works Director for such i�rw�nents are hereby approved arid s1�a11 be f iled with the City Clerk. The Public Works Direct�or shall ac�o�lit�gly prepare ar�d cause to be insert.eci in the official ne�aspaper for bids upon the making of such improveme,nts under such approved plans ard specifications. 'Il�e advertisement shall be publistied for three (3) w�eeks (at least 21 days) , and shall specify the werk to be done and will state that the bids will be opened and considered at 11:00 a.m. ari the 2nd day of March, 1989, ard that no bids will be oonsidered unle.ss sealed ar�d filed with the Public Works Director. �at the advertisement for bids for L�,RE POII�Tl� DEVELOPl�TP MAII�Tl,��E; PIaUTDCT N�. 187 shall be substantially in the standard form. PASSID Al�ID ADOPPED BY Z� CiTY �, OF '1'� CITY �' FR�LEY Ti�B 23R'D �i�lY � JANCTARY� 1989. WIIZIAM J. NEE - MAYOR i:VYY�:'�i� i.`j�i�: �1 ./_ • •• MYY M �1' . 12A Parks Streets Maintenen��r MEMORANDUM ]r'� To: William W. Burns, City Manager �:� PW89-10 1� FROM: John G. Flora, Public Works Director DATE: January 18, 1989 SUBJECT: Resolution for Miscellaneous Concrete Curb, Gutter and Sidewalk Project - 1989 Attached is the resolution ordering improvement, approval of plans and advertisement of bids for Miscellaneous Concrete Curb, Gutter and Sidewalk Project - 1989. This resolution is being provided for execution by the City as mandated by State laws. This project covers the remaining work for the Lake Pointe ponds and all remedial sidewalk and curb repair and replacement in the City whether due to utility repairs or to driveway entrance permits. Recommend the City Council approve the attached resolution. JT/ts Attachment 13 �_ � �, �. � a 13A REBpL[IPIQi1 1�D. - 1989 •is_ • � • •�:,�i•u ;�• � c � � :�•� cts �s `�,• : ��: •�s • . . u •i:,i• � a�:� i:� •i� � : �;� i�� _ •• �•�- r= �n•�: r� :�- ��• : n�_ ..i. �18� , t�2 00[LS�Yl1Ct:la[1 Of OP.�'�31I1 11IQYYIV'�S 1S d� t0 bE ]11 t'�1B interest of the City of Fridley and the property owt�ers affected thereby.. . Nl7w, TI�ORS, H8 ZT RF�BOLVED by the City C7au�cil of the City of Fridley, At�aka Cvunty, Miru�so�ta as follaws: 1. That the follawirg improve�nents Pr�osed bY Cau'�ci1 Resolutior�s are hereby o�iered to be effect-�ed and �leted as r�equi.red: R�aval and re�laoe�rit of misoellar�eo�us oo�nct�ete curb, gutter arid sidewalk. 2. The plans arid specificatioa�s prepared by the Public Works Direc.�tor far such in�rave�nents are hereby appraved and shall be f iled with the City Clerk. 'ihe Public Works Direc.,tor st�all a000xdirygly prepare arrl cause to be insert�ed in ti�e official r�ewspaper for bids � the making of such i�rwe�nents und,�s su� approved plans arr.� specifications. The advertis�x�ts hall be publist�ed for three (3) weeks (at least 21 days) , ar�d shall specify the w�rk to be don�e a�xi will state that the bids wi11 be aperied ar�d oo�sidered at 11:00 a.m. on Thursda�y, the 9tb dap oi March, 1989, and that no bids will be considered w�less sealed arid filed with the Public Works Director. 'It�at the advertisem�ent for bids for �VAL A1�ID REPLAC� � GURB, GtTrTER AI�ID SID�,I1C - 1989 s17a11 be sUbstantially in the standanl fona. PASSID AND ADOFI� BY ZI� CITY �lJNQL OF ZHE CI'I'Y OF FRIDIEY 'IiIIS 23RD DAY OF JANUARY, 1989. ATI'FS'T: ��• �. . .. . M « �1• WILI�IAM J. NF.E - I�YOR E„g�„tt�.,. . stWe� Wd[t'r ParkS Strcets Mamtenar,c�� MEMORANDUM -- � � + - TO: William W. Burns, City Manager�, PW89 9 FROM: John G. Flora, Public Works Director DATE: January 18, 1989 SUB.7ECT: Resolutions introducing the Possible Improvements Of Commerce Lane, ST. 1989 - 2(Addendum No. 1) Attached are two resolutions regarding the Commerce Lane possible improvements. They are as follows: 1) Resolution ordering preliminary plans, specifications and estimates of the costs thereof: and, 2) Resolution receiving the preliminary report and calling for a gublic hearing on February 13 on the matter of the improvements. These resolutions are being provided for execution by the City as mandated by existing State laws. This procedure was established by the City several years ago and continues to be the City Policy regarding planned assessable improvements within the City of Fridley. CVM/ts Attachments 14 � t - � �, �:�� a 0 RESOLIITION NO. - 1989 A RESOLIITION ORDERING PRELIMINARY PLANB, SP$CIFICATIONS AND 88TIMATEB O� THE COSTB THEREOF: BTREBT IMPROVEMENT PROJECT NO. ST. "� 1989 - 2 (ADDENDIII+I #1) NOW, TBEREFORE� BB IT RESOLVED by the City Council of the City of Fridley as follows: 1. That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements to-wit: Street improvements, includinq grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer system, and other facilities located as follows: COMMERCE LANE 73RD AVENIIE TO OSBORNE ROAD That the work involved in said improvements listed above shall hereafter be designated as: 3TREET IMPROVEMENT PROJECT NO. ST. 1989 - 2(ADDENDUM #1) 2. That the Public Works Director, John G. Flora, City Hall, Fridley, Minnesota, is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including every item of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a preliminary report of his findings stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall be furnished to the City Council. PASSED AND ADOPTED BY THE CITY COQNCIL OF TH8 CITY OF FRIDI,EY T8I8 DAY OF , 1989. WILLIAM J. NEE, MAYOR � ATTEST: SHIRLEY A. HAAPALA, CITY CLERK 14A �rl"'�').sJu�J ,�"1.J��'�>;��' J"��''�v��'�g ��. J� �t,�''�{.��•�. � ^�� `��<,.. '' �: '` � ,� '' �`' �` V 7 J .� .� ,.. � ? 7 '� . ` 1 �,�� _�� 'i �„��y'�i,�.7 � �•`tt� �+ `� � v � � A: �r �.\ � � a ��J �` u J � w.. �...�. � C_�� "� � �� -„» , �.. � ^� +.r. V wy 1 � '� � . O -� � y- '�iv,wR� �a.c.� ��i�� ' g, r i � . - _ �.\ �... �i J .�� L s Q,. a, +, �� J 6 � � �. �eK«n ,� \ � � , .,\ :` o+. . �_J \ v� � Lt1 �rj ♦ r d r �~ � �i•oo�� `,� � 1 � O�, ``,`,, `� 1 (� / l � �' ..� �:;,..�, � ., . �`•� , l�__J ' � w.. �� \hM� <� 4� / � :::..,'.;\ �� b a b 2 Y J Y O O Q m i � r 0 I ' ! � F o" t.► ��' II I � I � a _ y- � i�, � �� •..�. t�� l+i� i� � � • - �-••---• �9i0• �l.173 �sss• zs,»s �s+oM Mo1 w�.ea C�y 11oNr 12292�Y1 Coww� M�: is.Si 1u��s s�ah N�: io.�0 1Ni�� Ew..�«�ey r�«w r.• !�1 Pe11W ' �11 Clfy 11�11 �71-3s. MAP EXPLANATiOh WNk �oN „ --�–� rwik Re.� ■.s.•.s. s � -..-_ �N.I�eH 1lN� Z�CL IrW�• hyn�0 Re�� "• "' � R�il�oa� Tr�� CNy SarMqy 4��f� a "" �:J MtM��t� Nry. ❑ A1i�of� S�ab N�ry. r o Q A�ske CaM�y M.�. tao Naa� N�we�Hn' w� a t CF�raA � M � MOf�lfal S Cifnie• �� — r. Mreiei0el e�i�a+�'. ••pi� w.r. � .. Po ►e�f'Offie� � ' i se�eoi ;*:� .a,M�c scAeol �roo«ry ��4ij� vmou Senod Roar�Y . • � � ...__ _.,�..,..__��'�"."� ..... �i.r�r _ .a: _ °��. � S � /1 «.r s. _v.._ � ..... .�..� .... � � ..... ..... l� �QO� � C 1 n..�� w�e c. .r ...ww .�...... �.�... ��- .��_- �.�_ S 1 � .! /� • LpCKEy`� P� i A 6 L� 4 i G � RL80L�TPIQ�T I�D. - 1989 'I:r�� 1 •'. 'J:rM:r� � � �:I` "1;�1 � �/ �� '♦ '!:A'�i'� � M� � t `�i' ' Il:i 151� ' � '•' S1:1'J1/• •♦ •�, �:I` I� '.�' •1" �:I: •�; �� '11 •� •1" M]I'�V' � 1 1"�� } 131 'J:rl' � 1"�� •'s I;r� '�• 1 • � ��;�I I��1� •• I I;il',M' I" '1� • � " • •�:I:�i'� I: ',• � � �8 � t'.t12 QOr1S�L1CtlOI'1 Of �dlrl 11i�Y'W2�t12ilt'S 1S G�CIEC� t'A �2 ]ll t2]@ interest of the City of Fridley arxi the praperty owners affec.-ted thereby. Ia7W, T�, BE IT �80LVSD, by the City C�amcil of ti�e City of Fridley as follcyws: 1. 'I3�at the prel�n+�*+a*� report sulaaitted by Jd�n G. Flora, Pub1iC Works Direct.or, is hereby reoeived ard avo��ed. 2. 'I3zat the City Clerk shal.l act t�o ascertain the name and addz�ess of the oranex of each paroel of land directly affected or wi.thin the area of lands as may be prc�poE-�ed to be ass��ed for said i�rovemetits, ar�d calculate estimates of asse.ssments as may be pr�osed relative thereto against each of said lar�ds. 3. That the area pz�osed to be assessed for said i�rove�ents ar�d each of them as noted in said notive are all the l�rrcLs ar�d areas as noted in said natic�e: All of the same to be as_��ed pr�ortion�ately avoordir�g to the benefits reoeived. 4. That the estimates of of the Clerk shall be available for inspec�tion to the vwner of ariy paroel of lar�d as may be affecte�d ttiereby at ariy public hearir�g held relative thereto, as wp11 as at ariy prior t�me reasonable and oornrenient. 5. That the City Clerk is authorized ar�d direct:ed to give nati.oe of such Public Hearing by publishing a native thereof in the official n�wspaper of the City of FYidley ar�d by mai.led notioe to all th,e pr�perty vwrye.rs whose praperty is liable to be asses.sed with the making of these improvements aocording to law, s1x� no�tice to be subst.antially in the form ar�d substanoe of the natioe attach�ed hereto as F�ibit "A" . 6. ZYiat this Crnmci.l wi.11 maet on the 13th day of Febn�ary, 1989, at 7:30 p.m. at Parkview Oa�mity Education Center at 61st Avenue arid 7th Street in the City of Fridley for the pur��ose of holdir�g a public heariryg oaz the i.n�rwement noted in the Notioe attached hereto and made a part thereof by reference, E�chibit "A" . ' �171� • I� • �• ' �!� :1' M N 11 M/ •1' 1r'I: M •1' ' I� �:� = �'� •;-. /• WIIZSAM J. NEE - 1�1YOR ATI�:ST: 7.IIi � •Q ' • M41► M �C d 15 Page Zta�a Resolution No. - 1989 OFFICIAL AJBL.ICATICi�T � �«My s �: r.1 �1� (E�IBIT A) ►�� « • ,i • ; �, •, ��i�:��a��a.�f. STl�ET Il►�IiO�VS�TP PROJEGT I�U. ST. 1989 — 2 (ADD�IDIIlrI #1) W�, the City Cainci.l of the City of �idley, Anoka Caunty, M�sota, has dee�ned it expedie.nt to reoeive evidenoe pertainir�g to the i�ravements hereinafter described. Ia7W, TF�, ZUTIC� IS i�Y GIVIId TI�T an the 13th day of FebnaaYy, 1989, at 7:30 p.m. the City Cauncil will meet at the Parkview t�amity Educatioaz Center at 61st Ave. ar�d 7th St. in th� City of Fridley and will at said time at�d place hear all parties interested in said inq�raveqnents in whole or in part. The geneYal nature of the in�rovements is the canstruc.-ti� ( in the larxis and stxeets noted belaw) of the follcxair�g i�roveznents, to wit: �� Y:�i� Y�i �iY4�ui Str�eet impravements, iricludis�g qradirg, stabilized base, Y�t-mix bit�.uninous mat, concrete curb ar�d gutter, sidewalks, stonn sewer system, water and sanitary se�er sexvice.s ar�d other facilities located as follows: ST. 1989 - 2 {ADDII�iD[JM #1) C�m�eroe Iane 73rd Avernke ar�d O�.�borne Road For construction Item abov All of the lar�d ab�ttirg upon said streets n� �bove and all larx�s within, adjacent arid abutting thereto. All of said land to be asses_sed proportionately aoconling to the benefits reaeived by such improvement. Published: Jarn�axy 25, 1989 15A ///r�, � �AV\ ��, -`' .. °�� - � � �`� �,:.�, . � ; � POLICE DEPARTMENT City of Fridley Minnesots DATE ,7ANUARY 18, 1989 FRC)M PUBLIC SAFETY DIRECTOR, J. P. H SUBJECT 19$9 POLICE LABOR AGREEMENT MEMORANDUM TO • ACTION INFO ILL BURNS, CITY MGR. �• XXX Enclosed is the 1989 Police Labor Agreement that has been ratified by the union and hereby submitted to City Council £or consideration. The changes in the 1989 Labor Agreement are as follows: 1. 2. 3.5� increase in wages. 1988 starting rate was $1,795/month. 1989 proposed starting rate is $1,858/month. $25/month increase in insurance. 1988 rate was $185/month. 1989 proposed rate �s $210/nonth. 3. $15/month increase in corporal classification pay. 1988 rate was $120/month. 1989 proposed rate is $135/month. 4. $15/month increase in investigator assignment pay. 1988 rate was $100/month. 1989 proposed rate is $115/month. The 1989 proposed Labor Agreement is consistent with settlements in comparable communities. It is my recommendation that Council approve the agreement. JPH/sa RESOLUTION N0. - 1989 � A RESOLUTION A.PPROVING AND AUTHORIZING SIGNING THE AGREEMEI3T ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1989 WHEREAS, the Law Enforcement Lahor Services, Inc. as bargaining representative of the Police Officers of the City of Fridley, has presented to the Council of the City of Fridley various requests relating to the working conditions, wages and hours of Police Officers of the Police Department of the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the employees relating to working conditions, wages and hours of Police Officers of the Police Department of the City of Frildey; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREA5, agreement has now been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union; and NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A") relating to working conditions, wages and hours of Police Officers of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . 1989. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA CITY CLERK 16A EXHIBIT A 1 6g I�BO[t AQiF�iP BEIFIEFJ.�i � CIR'Y � FRIDI,EY ADD LAW F.[��0�'1JI' I�ABOiIt S�VIQ�.S. II�IC. 1989 ARTICGE I II III � V VI VII VIII IX X XI XII XIII X.ItI XV XVI XVII XVIII XIX XX XXI XXII XXIII �v: : ' . .. s��f> PAGE PURPOSEOF AGREEI�TT . . . . . . . . . . . . . . . . . . . . 1 REmGNZTION. . . . . . . . . . . . . . . . . . . . . . . . 1 DEFINZTION5. . . . . . . . . . . . . . . . . . . . . . . . 1 E�LOYER SEQTRI'1'Y . . . . . . . . . . . . . . . . . . . . . 2 II`�L,OYF� AUTHORITY . . . . . . . . . . . . • . . . . . . . . . 2 tJNIONSEQTRITY . . . . . . . . . . . . . . . . . . . . . . . 3 EMPIAYEE RIGHTS — GRIEVANCE PRUC�UURE . . . . . . . . . . . 3 SAVIDIGS2AUSE . . . . . . . . . . . . . . . . . . . . . . . 5 SENIORITY. . . . . . . . . . . . . . . . . . . . . : . . . 5 DISCIPLINE. . . . . . . . . . . . . . . . . . . . . . . . . 6 C�NSTI`IUTIONAL PRO'I'ECTION . . . . . . . . . . . . . . . . . ? WORKSC��UI.ES . . . . . . . . . . . . . . . . . . . . . . . 7 OVII�TIME . . . . . . . . . . . . . . . . . . . . . . . . . 7 O�URT TIME . . . . . . . . . . . . . . . . . . . . . . . . . 7 c',AtsL BAQC TIME . . . . . . . . . . . . . . . . . . . . . . . 8 WORKING C7IJ'I` OF Q,ASSIFICATION . . . . . . . . . . . . . . . 8 INSt7RANC� . . . . . . . . . . . . . . . . . . . . . . . . . 8 SI'ANDBY PAY . . . . . . . . . . . . . . . . . . . . . . . . 8 UNIF'ORMS . . . . . . . . . . . . . . . . . . . . . . . . . . 8 P.O. S. T. TRAINING . . . . . . . . . . . . . . . . . . . . . 8 LONGEVITY AI�ID IDLICATIONAL INC�FPIVE . . . . . . . . . . . . $ WAGERATES . . . . . . . . . . . . . . . . . . . . . . . . . 9 r.Fr,p,t. D�'ENSE . . . . . . . . . . . . . . . . . . . . . . .10 - - - - - - _ � _ 16C :' • •• �r ♦• i a• ARTICLE PAC� XX1V IASS OF SENIORI'PY . . . . . . . . . . . . . . . . . . . . .10 XXV PR�OBATI�I�RY PERIOD5 . . . . . . . . . . . . . . . . . . . .10 XXVIAI�ATAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . .10 XXVIIHOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . .12 XXVIII SHORT `IERM DISABILITY . . . . . . . . . . . . . . . . . . .12 XXIXF'[JNERAL PAY . . . . . . . . . . . . . . . . . . . . . . . .13 XXXJURY PAY . . . . . . . . . . . . . . . . . . . . . . . . .13 XXXI O�MPENSATORY TIME . . . . . . . . . . . . . . . . . . . .13 XXXII E�LOYEE IDUG�'ION PtZOGRAM . . . . . . . . . . . . . . . . .13 XXXIII PAY FOR IiVVFSTIGATORS OR DE'!'ECTNES . . . . . . . . . . . .14 XXXIV BMS CA.SE N0.85-PN-486-A, ISSUE 8 . . . . . . . . . . . . . .14 X�V WAVF�t . . . . . . . . . . . . . . . . . . . . . . . . .14 �VI DURATION . . . . . . . . . . . . . . . . . . . . . . . . .15 � �J �� a�o�� LAW EIgORC�11I` LAB(�t SSRVICES. INC. � s ;�4 • �. 1; 4� `� •, : �I�uti��y This AGRELMENP is entered into as of January 23, 1989 between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the LAW ENFORCEMENT LABOR SERVICES, INC. , hereinaf ter cal led the UNION. IC is tY� intent a.nd pttr'pose of this AGRE�NT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEN�NT'S interpretation andlor applicatian; and 1.2 Place in written form the garties' agreement upon tenns and conditions of enplc�rent for the duration af this AGREE�T. ARTiQ�E II RE�TION 2.1 The EMPLOYER recognizes the UNIUN as the �clusive representative, under Dti.nnesota St�tutes, Section 179.71, Subdivision 3, for all police persanr�el in the following jc�b classificatians: 1. Iblice Officer 2: P�lice Corporal 2.2 In the event the EN�LOYER and tY�e UNION are unable to agree as to the inclusian or exclusion a� a new or madified jcb class, the issue shall be sulami.�ted to the Bureau of Mediatian Sexvices for deternunaticn. ARTICLE III DEFINITIONS 3.1 Union Law Enforcement Labor Services, Inc. 3.2 Union Member A meirber of the Law Enforcement Labor Services, Ir�c. 3.3 �� A manber of tl� exclusively recognized bargaining unit. 3.4 Department The Fridley Pblice Department 3.5 F�layer Tt�e City of Fridley 1 16E 3.6 Chief The Public Safety Director of the Fridley Pblice Department. 3.7 Unian Of f icer Officer elected or appointed by the Law Enforcement Labor Services, Zr�c. 3.8 Irivestigator/Detective: An emplayee specif ically assigned or classif ied by the EMPLOYER to the j c�b classif ication and/or j cab positicn of INVES''7ZGA'1�OR%DEI'ECI'IVE- 3.9 Overtime Work perfoxmed at the express authorizatian of the EN�LOYER i.n excess of the anployee's schedul.ed shif t. 3 .10 Scheduled Shif t A co�secutive work period including rest break.s and a lunch break. 3.11 Rest Breaks Periods duri.ng t,he SCHEDULID SHIFP during which the anplayee remains on cantinual duty and is responsi}�le for assigned duties. 3.12 Lunch Sreak A period during tive SQ�iEWLID SEIIF'T during which th,e a�layee remains on cantinual duty and is responsible for assigned duties. 3.13 Strike �ncerted actian in faili.ng to report for duty, the willfu7. abserice fran ane's position, the stoppage af work, slaa-da�vn, or abstinence in whole or i.n part fran the fu1.1, faithful and praper performance af the duties of emplayment for the purposes of i.nducing, influencing or coercing a change in the canditians or canpensatian or the rights, privileges or abligatians of e�layi�nt. ARTICZE IV E�NIPtAYER SEQJRITY The UNION agrees that during the life aF this AGREEMENT that the UNION will rv�t cause, encourage, participate in ar support any stri.ke, slaa-dawn or vth.er interruption of or interference with th+e normal fu�ctians of the EN�LOYER. �ric� v n�aY� �oxi� 5.1 Th,e EMPL�C3YER retains the full and unrestricted right to operate and manage all r�ower, facilities, and equignent; to establish functions and programs; to set and amend budgets; to detennine the utilization of technology; to establish and modify the organizational structure; to select, direct, and deternu.ne the nu�nber of perscannel; to establish work schedules, and to perform any inherent managerial function not 2 16F specifically J.�m.ited by this AGREEMENI'. 16G 5.2 Any term and ccx�ditican o� e�nployment not specifically establish.ed or - nadified by this AGR� shall renai.n solely within th� discretion of the F,N�'LOYER to modify, establish, ox' eliminate. ARTICLE VZ iAVION SEQTRITY 6.1 The EN�L�OYER shall dedwct frrxn the wages af a�nployees who authorize such - a ci�eductirn i.n writing an amount r�ecessary to caver manthly UNION dues. Swch monies sha11 be remi.tted as directed by the UNiON. - 6.2 The UNION may designate a�nplvyees fran tYbe bargaini.ng unit to act as a - steward and an alternate and shall infonn the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EI�i�OYER shall make space available an the e�loyee bulletin board � for posting UNION notice(s) and announcanent(s).. 6.4 The UNION agrees to indemni.fy and hold the EN�LOYER harmless against arry � and all claims, suits, o�il,ers, ar judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the II�LOYER under the provisians of this Article. ARTIC��E VII II�'LOYEE RIC�IS -(�tIEVAI�1(E PRUC'�f.1RL 7.1 Def ini.tion of a�rievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGRE:F.N�'.1�P. 7.2 Unian Re�presentatives The EI�IAYER will recognize REPRESF.I�IrATNES designated by the UNION as Lhe grievance representatives o� the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATNES and af th+eir successors when so designated as pravided by Sec tion 6. 2 of this AGREE'.ME�fr. 7.3 Processir� of a Grievance T It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as h�reinaf ter provided is 1 uni ted by the j ab duties and respans3bilities of the EMPLOYEES and shall therefore be accanplished during rwrmal. working hpurs anly when consistent with such F�t�'L,OYEE duties and responsibil ities. The aggrievet3 EMPLOYEE and a UNION REPRESENTATIVE shall be allawed a reasonable amount of time witYwut loss in pay when a grievan�e is irivestigated and presented to the EN�I.AYER duri.ng r�rmal working hours provided that ttre F1�.'LOYEE and the UNION REPRESENTATNE have r�tified and received the approval of the designated supexvisor wha has detenniryed that su+ch absence is reasonable and would not be cletrimental to tt�+e w�ork programs of th� EMPLOYER. 3 7.4 7.5 Prviceaure Grievances, as defined by Sectian 7.1, shall be resolvecl in confornnance with the follc�wing procedure: � Step 1• An EN�LOYEE claiming a violation concerni.ng the interpretation or applicatian � this AG��'.1�fI' shall, within twenty-one (21) calendar days after such al.leged violatian has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EI�LOYER-designated representative will discuss and give an answer to s�ch Step 1 grievance within ten (10) calendar days af ter receipt. A grievance not resolved in Step 1 and appealed tfl Step 2 shall be placed in writing setting forth tl� nature of the grievance, tt�e facts an which it is based, the provision or pravisions of the AGREEMENT allegedly violated, the ranedY requested, ar�ci shall be appealed to Step 2 within ten (10) calerdax days after the El�'IAYER-designated representative's final. answer in St,ep 1. Any grievance not appealed iri writing to Step 2 by the UNION within ten (10� calendar daYs shall be co�sidered waived. Step 2 • If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EI�LOYER- designated representative shall give the UNION the EMPLOYER'5 answer in writing within ten (10) caleruiar days af ter receipt of such Step 2 grievar�ce. A qrievance not resolved in Step 2 may be apPealed to Step 3 wit.hin ten (10) cale.ndar daYs following the EMPLOYER-designated representative' s f i.nal. answer in Step 2. Ariy grievance nc�t appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3• A grievance unresolved in 5tep 2 and appealed. t shall be submitted to arbitration subject to Public Dnplayicuent Labor Relations A�ct of 1971. arbirxator shal.l be made i.n accordance with the Arbitxation of Grievances" as established by Relations Board. Arbitrator's Authority o Step 3 by the UNION the pravisions of the The selection of an "Rules Governing the the Public Employment 16H a. The arbitrator shall have no right to amend, modify, nullify, � ignore, add to, or subtract fran the terms and conditions of this AGREE�d�Fr. The arbitrator shall consider and decide . only the specif ic -issue(s) submitted in writing by the EMPLOYER and the UNIO�I, and shall have rvo authorsty to make a clecision on any other issue n�t so sulxnitted. _ b. Th,e arbitrator shall be without po�aer to make decisicx�s contraxy to, - or inconsistent with, or modifying or varying in any way the applicatian o� laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be subm.itted in writing within thirty (30) days foll.owing� close of the hearing or the su�amissirn of briefs by the p�ar'ties, whichever be later, unless 4 the parties agree to an extensicn. The decisian shall be bind.ing an both the EN�LOYER ar�d tt�e UNION and shall be based solely on the arbitrator's interpretation ar application o� the express terms of this AGREII�'.NT and to the fa,cts o� the grievance presented. c. Tt�e fees and expenses for the a�itrator's services and proceedings -� shall be borne equally by tt�e F�iAYER and the UNION pravided that each party shall be responsible for compensaCing i�s own representatives and witnesses. If either party desires a verbatim recoYd af tYbe proceedings, it may cause such a record to be made, prariding it pays for the record. If both parties desire a verbatim recard of the proceedings the cost shall be shared equa.11y. 7.6 Waiver If a grievance is not presented within the time limits set forth abave, it shall be cansic�ered "waived". If a grievance is r�t appealed to the next step within the specified time limit or any agreed extension thereof, it shall be consiclered settled an the basis of the ENIl�LOYER' S last answer. If the F�LOYER does n�ot an.swer a grievance or an appeal thereof within the specified time limits, ths UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the r�ext step. The time limit in each step may be extended by mutual written agreement o� the E[�LOYER and the UNIQN in each step. 7.7 Choice of Ra�edy If, as a result of the written EMPLOYER response in SCep 2, the grievance remains unresolved, and if the grievance inv olves the suspensicin, d�tic�n, or discharge af an enplayee who has ecm�leted the required prc�bationary period, the grievance may be appealed either to Step 3 af Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Fmplayment. If appealed to any procedure other than Step 3 of Article VII, the grievance is not subject to the arbitration procedure as prwided in Step 3 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized (Step 3 of Article VII or another appeal procedure) and shall sign a statement to the effect that th�e choice of any other hearing precludes tY�e aggrieved emplayee fram making a subsequent appeal through Step 3 of Article VII. ARTICZ,E VIII SA�IINGS Q�IJSE Thi.s AGREEMENT 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 frtm who�e final judgment or decree no appeal has been taken within the time pravided, such pravisions shall be voided. Al]. other provisia�s of thi.s AGR�' shall continue in f ul l f orce and - ef f ect. The void,ed prwisirn may be renegotiated at the written request o� eit,Yber party. ARTICLE IX SENIORITY 9.1 Seniarity shall be deternuned by the employee's length of continuous - empla,y�ment with the Police Department and posted in an appropriate locatian. Seniority rosters may be maintained by the Chief an tt�e basis 5 161 of turde in grade an3 time within specific classificatians. 9.2 During t.he probationary period, a newly hired or rehired a�nplayee may be - discharged at the sole discretion of the EMPLOYER. During the prabatianary period a pramoted ar reassigneci e�lvyee may be replaced in his previous postian at the sole discretian of t��e II�LOYER. 9.3 A reduction of work force will be accomplished on the ba'sis of - seniority. E7mplayees shall be recalled fran layoff on the basis of seniority: An emplayee cn layoff shall have an apportunity to return to work within two years aF the time of his layoff before any new emplayee is hired. 9.4 5enior e�loyees will be given preference with regard to trans£er, jab - classification assignments and promotions when the job-relevanC quali.f icatians of employees are equal. 9.5 Seni.or qualified emplvyees shall be given shift assignments preference - after eighteen (18) months of canti.nuous full-time enplayment. 9.6 One continuous vacation period shall be selected on the basis of - sen,iority until May lst of each calendar year. ARTICLE X DISCIPLINE 10.1 The F.MPLOYER will discipline emplayees for just cause only. Discipline - will be in c�ne ar more af the following forms: - a. oral reprimarid; b: written repriman�d; c: suspensicm; d: denati�n; or e: discharge. 10.2 Sus�e.nsians, denotions ar�d discharges will be in written forr�n. 10.3 Written reprimands, notices of suspension, and notices of discharge - which are to becane part af an enployee's personrlel file shall be read and acknowledged by signature af the emplayee. Fmployees and the UNION will receive a copy of such reprimands and/or-notices. 10.4 Fhlplayees may examine th,eir c�nm individual personr�el files at reasanable tinyes under the direct supervisian o� the EN�LOYER. 10.5 Discharges will be preceded by a five (5I day suspensian without pay. 10.6 F�nployees will not be guestioned concerning an investigation of - disciplinaxy actian unless the arplayee has been given an apportunity to have a UNIUN representative present at su�ch questioning. 10.7 Grievances relatin,g to this ARTICLE shall be initiated by the UNION in Step 2 of the grievance procedure urx�r Article VII. ARTICLE XI C1�LSI'I�FPIONAI, PROTECTICYJ 0 16J FhYplayees shall have the rights granted to all citizerLS by the United States and Minnesota State Canstitutians. ARTIQ,E XII WORR SQ3IDULF.S 12.1 The r�onnal work year is an average forty (40) hour work week for full - tiic�e enployees to be accounted for by each emplayee through: ' a. haurs worked on assigned shif ts; � b: holidays; c: assigned txai ni cK�; d: autlwrized leave time. 12.2 Holidays and authorized leave tim�e is to be calculated on the basis of - the actual length of time o� th+e assi�ed shifts. 12.3 Nothing cantained in this or any other Article shall be interpreted to - be a guarantee of a minimian or maximLUn numUer af hpurs the EN�LOYER may assign employees. ARTICLE XIII CNIIZTIME 13.1 F�nployees will be coanpensated at one and one-half (1-1/2) times the - emplvyee's regular base pay rate for hours worked in excess of the emplayee' s regularly scheduled shif t. Changes af shif ts do not qual ify an anplayee for overtime under this Article. 13.2 Overtime will be distxibuted as equall�r as practicable. 13.3 Overti.cne refused by em�layees will for record purposes under Article - 13.2 be considered as unpai.d wertime worked. 13.4 For the purpose of canputing v�rertime campensatian wertime hours worked - shall rbot be pyramided, ccanpounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to ti�e r�earest 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 emplayee fran so working. ARTICLE XIV aC7tJRT TIME An �nployee wY� is required to appear in Cburt durir�g his scheduled off-duty time shall receive a minimun of two (2) Yv�urs' pay at a�e and oaie-half (1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shif t for Court appeararbce does not qual if y the empl ayee for t.he two (2) hs�ur minimum. An enplayee wtx� is requi.red to� appear in court within eight (8) hour's o� canpletir�g his regularly scheduled shif t between 3:00 a.m., ar�d 9:00 a.m., shall recei�e a minimum of three (3) hours pay at on,e ar�d or�e-hal.f (Y 1f21 titn�es th+e a�lvyee's base pay rate ARTICi�E XV CALZ BAQC TIME 7 16K An employee who is called to duty during his scheduled off-duty time shall receive a mini.mixn of two (2) lwurs' gay at cx�e and a'e-half (1-1/2� times the employee's base pay rate. An extension or early report to a re ularly scheduled shif t f or duty does not qualify tkbe empl oyee f or the two �2 ) hour minimt�t. ARTICi�E XVI WORKIl�IG C7UT OE' Ci,ASSIFICATIQN D�nplayees assigned by the Et�'LOYER to assume the f ull responsibil ities and authority of a higher jab classification shall receive the salary schedule of the higher classificatian for the duration af tY�e assigrment. ARTICI�E XVII INSiJRANCE 17.1 The F.N�L,OYER wi.11 ccntr�bute up to a maximun af two-hundred-ten dollars - ($210.00) per month per emplayee taward health, life and long-term disability insurance. 17 . 2 By mutual agreenent each anployee may use up to f if teen dol lars ($15. 00 ) - per mpnth of health insurance dollars in 17.1 for group dental insurance offered through the city. - ARTICLE XVIII STAI�IDBY PAY Fir�playees required by the F1�LOYER to stanc�y shall be paid for such starx�y time at the rate of ane hc�ur's pay for each lx�ur on stanc�y. ARTICLE XIX UNIFORNLS The EL�LC)YER shall pra�ide required unifonn and equignent itens. ARTICI�E XX POSI' ZRAINING The City shall assign txaining at City expense for Police Officers to canplete 48 hours af P.O.S.T. Baard approved educatian during each three year licensing period.- - - ARTICI,E XXI IANGSUITY AND IDUCATIONAL iNCEI�lPIVE Effective July 1, 1978 the follawing terms and conditions are effective, except that enployees hired after January 1, 1987 shall not be eligible for edu,ca�ional incentive. 21.1 After four (4) years of cantinwous �nployment each anplayee shall choose - to be paid three percent (3�t 1 of the employee' s base rate or supplementary pay based an educatianal credits as outlined in 21.6 of this ARTZCI�E. - - 21.2 After eight (8) years of continuous employment each eqnployee shall - choose to be paid supplementary pay of f ive percent ( 5$ ) of the em�loyee's base rate or sup�lementary pay based on educational credits as outliryed in 21.6 of this ARTICLE. 21. 3 Af ter twelve (12 ) years af cont inuous empl ayment eac h empl oyee shal l - choose to be paid supplementary pay of seven percent (7$) of the emplayee's base rate or su�plenentary pay based an educational credits 3 16L as �tliryed in 21.6 of this ARTICLE. 21.4 After sixteen (16) years v� ccnti.nuous emplayment each eqnployee shall - choose to be paid supplementary pay of nine percent (9$) of the enployee's base rate or supplenentary pay based an educational cred.its as outlined in 21.6 of thi.s ARTICLE. ' 21.5 i�]nplayees may choose supplenentary pay either for length of service or - for educational credits no more of ten than once evexy twelve (12 ) months. 21.6 Supplementaxy pay based an educatianal credits will be paid to e�loyees - af ter twelve (12 ) months of cantinuous �nployment at the rate of : Fducatianal Credits stated in Percentage Pay terms of college quarter credits �rbcrenent 45 - 89 90 - 134 135 - 179 180 ar more 3$ 5� 7$ � Not all courses are to be eligi.ble for credit. Courses receiving qualifyi.ng credits must be job related. (Thus, a 4 year degree is not automatically 180 credits -- or a 2 year certificate is not automatically 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), canpletion of these courses would yield a total ot 11 qual.ifying credits, C.E.U.'s (�ntinuing Fducation Units) in job-related s�ninars, short courses; i.nstitutes, etc. shall al.so be counted. The EN�'LOYER shall deterniine which courses are jab related. Disputes are grievable based on tY�e critexia outlined in t.t�e award of Minnesota Bureau af Mediatian Services Case No. 78-AV-370-A. ARTICI�E XXII WAGE RATES 22.1 The follaving wage rates will ap�ly for 1989: Start. . . . . . . . . . . . . . . . . . $1.858 After-Six-Nlranths : : : : : : : : : : : : : 1,999 Af ter One Year . : : : : : : : : : : : : : 2 , 2 84 Af ter �It�vo Years : : : : : : : : : : : : : : 2 , 569 Af ter Three Years : : : : : : : : : : : : : 2, 853 22.2 gciplvyees classified or assigned by tlye EMPLOYER to the following jcab - classif icatians or positians will receive one-hundred-f if teen dollars ($115.00) per m�nth or one-hundred-fif teen dollars ($1�5.00) pro-rated for less than a full month in additian to their regular w�ge rate: Irivestigator (detective) ScYbool Liaisan Officer Juveni.le Officer Dog Harriler 0 16M � _�,,,:. « 22 .3 �layees classified by the II�LOYER to the following j ob classif ication �- will receive a�e-hundred-thirty-five dollars (5135.00) per month or ane-hurbdred.-thirty-f ive dollars (13 5. OQ ) pro-rated f or less than a f ul l mo�xth in additicn to their regular wage rate: . .. ARTICLE XXIII LDC,�fL DEE'EN.SE � 23.1 F�nplayees irnrolved in litigation because of proven negligence, or � rwn-abservance, or narobservance of laws, or o� a persanal nature, may rwt receive legal defense by the municigality. 23.2 Any emplayee who is charged with a traffic violation, ordinance - violatian or criminal offense arising from acts performed within the scope of his e�layment, when swch act is perfoztned in good faith and und�er direct ord,ex of his supenrisor, shall be re�mbursed for attorryey's fees and court costs actually incurred by such emplayee in defending against such charge. 23.3 The City of Fridley will pravide protection for all officers and � Patxolmen against false arrest charges. ARTICLE XXIV L�OSS OF SII�IIORITY 24.1 Finployees shall lose their seniority for the follaaing reasons: a. Discharge, if mt reversed. b. Resignatian. c. Unexcused fa.ilure to return to work after expiration of a vacation - or formal leave of absence. Events beyond the control of the employee which prevent th,e a�lvyee fran returning to work will not cause loss of seniority. d. Retiranent. ARTICZE XXV PROBATIQNARY PERIODS All newly hired or rehired employees will serve a twelve (12) months prd�atianary period. ARTIC.LE XXVI AI�II�JAL LEAVE 25.1 Each enplayee shall be entitled to annual leave away frcxn employment - with pay. Annua]. leave may be u.�ed for scheduled or emerger�y absences frnn anpxvytrent. Annual leave pa.y shall be canputed a� tltie regular rate of pay to which-such an a�layee is entitled; provided, however, that the amount of ariy canpensatian sha].1 be reduced by the payir�ent received by the enployee fram workers' canpensaticn insurarrce, Public Emplayees Retirement Association disability insurance, or Social Security disability insurance. An e�loyee's acctanulation of annual leave will be reduced anly by th�e amount of annual leave for which the employee 10 16N received can�errsatian. 160 25.2 Seniarity shall apply an s�Ybeduled annual leave up to May lst of each - year. After May lst, sch,eduled annual leave shall be on a first c�ne, first serve basis. 25.3 A beginning �nployee shall accrue annual leave at the rate of eighteen - (18) days per year for the first seven (7) years (84 swccessive manths) . An anplayee wY� has wor]Ued seven (7i years (84 successive m�anths) shalr accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month af successive emplayment. An employee who has worked fifteen (15� years (180 successive monthsT shall accr�u�e annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty- first (181st) month of consecutive anploym�ent. Tt�ese rates are based an a forty hour regular work week. Ttie actua7. -aitbount credited to an �loyee in any given pay period shall be proratied according to the actual nianber o� regular tx�urs worked during that g�y period. Houxs worked ari avertime, callback, or stancmy sha11 not enter into the cal.cu].ation of the accrual of annual leave. - 25.4 For an enplayee hired an or af ter January 1, 1984: Tl-� maximtan total acctunulaticin o� annual leave at the end of any given year shall be t.hirty i30) days. �uce a year, at a time designated by the City, an employee who has cc�npleted seven (7) years of service with the City will have the opportun i. ty to exchange up to three (3 ? days af acciunulated annual leave for cash. At the same tune, an anplayee who has crnnpleted f if teen (15 ) years o� - sezvice with tYLe City wi.11 have the opportunity to exchange up to five days of acct.unulated annual leave for cash. 25.5 For an emplayee hired before January 1, 1984: Vacation accrued but unused as of Decenber 31, 1983 shall be converted to annual leave at rhe rate of ane (1) day annual leave for ane (1) day of vacatian. Accrued but unused sick leave as of December 31, 1983 shall be canverted to annual leave according to the follaaing schedul.e. a. lst 45 days � 1 day of annual leave £or 1 day aF sick leave b: 2nd 4S days � 1 day of annual leave for 2 days of sick leave c: Resnainder � 1 day of annual leave for 3 days of sick leave In 1 ieu of severance pay, c� Imur of annual leave shal l be credi ted f or aach ful.l manth of anployment up to a maximtun of two hundred forty (240) hours. The total. aanount af annual leave credited to the anployee's balance as of January 1, 1984 sha].1 be equal to accrued but unus�d vacation plus accrued but unused sick leave converted accordi.ng to the f ornnula abave plus the amount in. lieu o� severer�ce pay. If upari ccxiversian to tYre annual leave plan an anployee' s acctunulation of annual leave exceeds thirty (30} days, that amount shall be the maximlun total acctunulaticm (cap) for that employee at the end of any 11 subsequent year. 16P Once a year, at a time designated by the City, an emplvyee will have ttye apportunity to excY�ange up to five (5) days o� accunulated annual leave f or cash. In aciditian, alce a year at a time d,esignated i�y the City, an emplayee with an accLUnul.atia� o�E annual leave in excess of thirty (30) da�s� will have the apportunity to exchange up to five (5) days af annual leave f� cash. Such an exchange shall reduce the maximum total accumu].ation (capl af an employee by an equal �unt. 25.6 Upo�ri separatian fran a�lqnnent with the City, an a�loyee will be paid - one (1) day's saluy for each day of accrued annual leave remaining in the emplvyee's balarbce. ARTICLE XXVII HOI,IDAYS Frnpla�rees wi11 receive eleven (11� holidays. In additian, emplayees shall be paid at one and one-half (1 1/2) times their base rate af pay for all lwurs worked an eleven (11) City designated hol.idays. ARTIQ�E XXVIII SHORT Z�RM DISABII,ITY 28.1 Each e�nployee wYn� has successfully canpleted the emplayee's prd�atianary - period shall be eligible for short tezm disability benefit. Such an a�lvyee shall be entitled to �ul.l pay cammencing on the twenty-first (21st) cansecutive working day on which the enployee is absent due to a phyiciarrcertified illness or inj ury whether on or otf the j ab, and continuing until t.i�e en�loyee returns to work able to carry out the full duties and respansibilities � the employee's position or through the o�e hundred and tenth (110th) wnrking day of absence, whichever occurs first; provicied, however, that the amu�unt of arry compensation shall be reduced by any payment received by the disabled em�l oyee f ran workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short terin d,isability benefit by the City to an employee shall 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 employee receiving short tenn disability benefit shall not be reduced, nor shall such emplayee accrue annual leave during that period. 2 8. 2 Bef ore ariy shart texm di sabil i ty payments are made by the Ci ty to an - employee, the City may request and is entitled to receive f rom an anployee who has been absent more than twenty (20) working days in succession a certificate signed by a canpetent physician or other medical attendant certifying to the fact that tYbe entire absence was, i.n. fact, dwe to the illness or injury and n�t othexwis�. Th+e City also reserves the right to have an examination made at any time of any employee claiming payment under the short teYtn disability benefit. S�ch exanunatian may be made an behalf af the City by any ccmpetent person designated by the Gity wYben the City deems the same to be reasoriably necessary to vexify the illr�ess or injury claimed. 12 16Q 28.3 If an enployee hired before January 1, 1984 has received payments under - the inj ury-arduty provisicxis of previous contracts, the nwt�r of days for whi.ch payment was received wi].1 be deducted fram the number of days of eligibility for coverage under short term disability for that same inj tuy. ARTICLE XXIX FV1�E'2AL PAY Funeral leave wi11 be granted to full t�me emplvyees up Go a maximum of three days. Funeral leave is granted in case of deaths occuring in the immed.iate fa�rii�y. For this purpose immediate famiJ.y is considered to be a spouse, child; parent, grandparent, brother or sister, monther-in-law and fathe�i.rrlaw. ARTIQ,E XXX JURY PAY It shall be understood ar�d agreed that the City shall pay all regular full time emp].ayees serving an any jury the differer�ce in salary between j ury pay and his regular salaty or pay while in such sezvice. • ',[ • .�.�L ��_yl!�yl�:._._� _�� -� 1 I� Management reserves the right to approve canpensatory time in lieu of wertime pay. Canpensatory time sha].1 not be acciunul.ated in excess o� twenty-four (24) hours, and must be used within the cale.ndar year in which it was accumulated as detennined by the emplayer. � ♦♦ BI I• � �1 ��' • • •��H' . 32.1 The City will pay certain expenses for certain education courses based - on the following criteria. a. Th,e training course must have reJ.evance to the employees' present or anticipated career responsibilities. Attendance sha.11 be at a City approved institution. The course must be apprwed by the Depax�tment Head. - b. Finarbcial assistance wi11 be extended only to courses offered by an - accredited institution. This includes vocational schools, Minrbesota School af Business, etc. 32.2 Programs Finaricial Policy Financial assistar�ce wi7.1 be extended to cover rnly the cost of tui.tian. C9�arges for boaks, student unian membership, student health cwerage and other charges for which the student receives sane item or services other tt�an actual i.nstru�tian will not be paid. The City will pay 50$ of the cost o� tuiticn i.n advance of the enployee's actual garticipatican in tt�e course and the emplayee shall pay 50$ of the cost. � Upon successful cac�pletian o� Che course, an e�layee will be requir�d to present to tus Degartrnent Head a certi£icatian o� satisfactory work. Satisfactory w�ork is defin+ed as follaws: - a. In courses issuir� a letter grade, a C ar abvve is required. 13 b. In courses issuing a ntanerical grade, 70$ or above is required. c. In courses not issuing a grade, a certificatian fmn the instructor - that the student satisfactorily participated in the activities of th�e course is requi.red. 32.3 If the Emplayee satisfactorily completes the course, he will be - reimbursed for the additional 50$ of the tuition cost for wYiich he abl igated. himsel f in the apprwed appl icaticn. If the emplvyee f ail s to satisfactorily cc�lete ttve course, he will not be re�mbursed. 32.4 The program will not reimburse the anplayee for the hours he spends in - class, cnly for the tuiticn. 32.5 �penses for which the employee is compensated under some other - educational � assistance program, such as the GI bill, will not be cavered. 32.6 Th,e Gity will not pay tuiticn ar other costs for th,ose courses which are - used to make the employee eligible for additional salaiy. ARTICI�E XXXIZI PAY F�OR INVESTIGATORS OR DE.'PECPNF.S Dnplayees receiving the one-hundred-fifteen dollars ($115.00) per month differential pay shall not be eligible for the overtime pravisions of the cantract applicable � Police Officers. ARTICI�E �cIV BMS CASE N0.85-PN-486-A, ISSUE 8 34.1 'Ph,e City sha1.1 establ ish a minimum of two months between each shif t � change in the rotatian. ARTICLE XXXV WANER 35.1 Any and all prior agreements, resolutians, practices, policies, rules - and regulatians regarding ternns and conditions of emplayment, to the extent incansistent with the provisiCx'is of this AGREEMENT, are hereby superseded. 35.2 The garties mutually acknavledge that during the negotiations which - resulted in this AGRE�'P, each had the unlunited right aryd opportunity to make denands ax�d praposals with respect to any texm or condition of anplayment not remaved by law frc�n bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this P,GREEMENT for the stipulated duration of this AGREEMENT. The ENIPl,OYER ar�d the UNION each voluntarily and unqual if iedly waives the right to meet and negotiate regar�li.ng any and all terms and conditions ot emplayment ref erred to or cwereci in thi s AGREEN�NT � or wi th re spec t to any term ar conditicn of employment not specifically referred to or cwered by this AG�I', even though such tezms car canditicns may not have been within the knawledge ar cantemplatirn of either or both o� the parties aC the tim�e this co�tract was negotiated ar executed. ARTICLE XXXVI WRATIQN 14 16R This AGRF' P sha].1 be effective as of January 1, 1989, and shall remain in fu].1 force and effective until the thirty-first day of December, 1989. In witness wYbereof, the parties hereto have executed this AGRFII�I' an this-23rd day ot January 1989. �� : M41! �� ; I�l �� William J. Nee, Mayor Nasim M. Qureshi. City Niana.ger F'OR LAW IIVF'OR� I�1BOR SF.I�7ICF5, INC. 15 1ss COMMISBION TERMS TBAT WILL EBPIRS IN 1989 FOR CITY COIINCIL CONSIDERATIOI�i APPOINTEL APPEALS COMMI88ION ENERGY COMMZSSiON ENVIRONMENTAL OIIALITY COMMISSION HUMA.N RESOURCES COMMISSION TERM �RPIREB CIIRRENT MEMBER 4-1-89 4-1-89 4-1-89 4-1-90 4-1-91 0 Diane Savaqe 567 Rice Creek Terrace (H.571-3862)(B.421-4760 x1270) Dean Saba 6325 Van Buren Street NE (H.571-1953)(8.635-5860) Bruce Bandow 6616 Central Avenue NE (H.571-0163)(B.293-4604) Vacant (Bruce Hanley resigned 10-i9-ss) Vacant (Gerald Welf resigned 11-22-88) 4-1-89 Paul Dahlberg 6664 East River Road (H.572-9093}(B.545-1253) 4-1-89 Steven A. Stark 6655 Fridley Street NE (H.571-4961)(B.296-7214) 4-1-91 Vacant (Maynard Nielsen's term expired) 4-1-89 4-1-89 Claudia Dodge 840 - 66th Ave�ue (H.571-8890)(B.422-5199) Francis van Dan 6342 Baker Avenue NE (H.571-3177) 17 PARRS AND RECREATION COMMI8820N 17A 4-1-89 Dick Yaung 5695 Quincy Street NE (H.571-8098)(B. 786-5570 x221) 4-1-89 Daniel Allen 6200 Rice Creek Drive NE (H.571-013?)(8.625-6800) FRIDLEY ROUSINt3 AND REDEVELOPMENT AIITHORITY - 6-9-89 Larry Commers 5212 St. Moritz Drive NE (ii.571-8925) (B.343-1123) CABLE TELEVISION COMMISSION POLICE COMMISSION 4-1-89 Duane Peterson 1021 Hathaway Lane NE (H.571-3386)(B.374-1120) 4-1-89 Mavis Hauge 645 67th Avenue NE (H.571-1083) 18 1s FOR CONCURRENCE BY THE CITY COUNCIL January 23, 1989 EXCAVATTNG Waalen & Sabby Inc. 850 Terrace Court St. Paul, 1�T 55101 By: Ronald Sabby GENERAL CONTRACTOR Addition & Remodelinq Specialists Inc. , 1080o Xavis Street Coon Rapids, IrII3 55433 By: Roger Grumdahl Metro Building Systems Inc. 4401 - 85th Avenue North Brooklyn Park, I�1 55443 By: L.J. Fischer Preneer Systems 5851 Duluth Street Minneapolis, MN 55422 By: Kurt DeBorde Rasmusson Construction 13331 Kenyon Street Ham Lake, MN 55304 By: Gary Rasmusson Woodmen Construction Inc. Route #3, Box 283 Thief River Falls, MN 56701 By: Wesley Skibicki HEATING United Sheet Metal 520 Front Avenue St. Paul, 1�T 55117 By: Wm Daleiden LICBN8E8 � DARREL CLARK Chief Bldg Ofcl. DARREL CLARK Chief Bldg. Ofcl. Same Same Same Same WILLIAM SANDIN Plbg.-Htg. 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COf'pOt'qttOtl TNVOICE Project: 8605 Invoice: 2380 December 31, 1988 TO: CITY OF FRIDLEY 6431 University Avenue N.E. Fridley, Minnesota 55432 ATTENTION: Jock Robertson RE: Fridley Municipal Facility Remodel and Additions --------------------------------------------------------------- For Reimbursable General Expenses incurred during December, 1988 .................................. �P�S Superintendent - 132 hours Superintendent - 32 hours Craig Eickman - 148 hours @ $14.00 Chris Eickman - I35 hours @ $14.00 Matt Silver - 16 hours @ $14.00 Doug Malone - 16 hours @ $14.00 AT&T (11/27) Midwest Delivery UPS Albinson, Inc. December Mileage — R. Nelson Photocopies Postage Roanoke Building Company Michael Woitalla Construction BFT (12/23-1/19) Metro Refuse Elk River Concrete Park Construction South Side Lumber Post Publications � Products (11/23) 1: $14, 417. 52 ,,,o�� Jl�, g 3 P`� s /`% `lJ.�. (o�l $ 4,505.16 964.80 2,072.00 � 1,890.00 ✓ 224.00 � 216.00 ✓ 33.41 263.65 ✓ 6.72✓ 54.58✓ 3. 63 47.85 46.90 2,444.00 ✓ 640.00 ✓ 63.24 ✓ 190.00 132.50,/ 201.40 ✓ 361.47 ✓ 56.21�` Development and Construction Managemeni Services 2910 Multifoods Tower • 33 South Sixth Street • Minneapolis, Minnesota 55402 •(612) 333•7414