05/07/1990 - 5120�
�inor
FRIDLEY CITY COIINCIL MEETING
!�OLrr ATTENDENCE SHEET
MONDAY May 7 , I990
7:30 P.M.
3�LEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
PRINT NAME (CLEARLY)
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ADDRESS
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ITEM
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FRIDLEY CITY COIINCIL MEETZNG, MAY 7, 1990 Paqe 2
OPEN FORIIM, VISITORS:
(Consideration of items not on agenda - 15 minutes)
PIIBLIC HEARING:
Issuance of an O�-Sale Beer
License to Wong's Gourmet
Restaurant at 1254 East Moore
Lake Drive . . . . . . . . . . . . . . . . . . . 1 - lA
OLD BOSINESS:
Commission Vacancies and Terms
That Will Expire in 1990 for
City Council Consideration . . . . . . . . . . . 2
NEW BIISINESS:
Resolution Authorizing Signing
an Agreement for Certain Employees
Represented by International Union
of Operating Engineers, Local
No. 49, AFL-CIO (Public Works
Maintenance) for 1990 . . . . . . . . . . . . . . 3 - 3W
FRIDLEY CITY COIINCIL MEETING, MAY 7, 1990 Paqe 3
NEW HIISINESS (CONTINIIED):
Receive the Minutes of the
Planning Commission Meeting
of April 25, 1990 . . . . . . . . . . . . . . . . 4 - 4GGGGG
A. Establish Public Hearing for
Rezoning, ZOA #90-02, by
Urban Commercial Developers
and Fridley Town Square
Associates to Rezone Three
Separate Parcels as
Follows: L�ot 9, Block 2,
Rice Creek Terrace Plat 1
from R-1, Single Fami��
Dwelling, to S-2, Redevelopme�tt
Districtp the same being 355
Mississippi Street N.E.; AND
Lot 12, Block 3, Rice Creek
Terrace Plat 2 from R-1,
Single Family Dwelling, to
S-2, Redevelopment District,
the Same Being 368 - 66th
Avenue N.E.; AND Lots 10,
li and 12, Block 2, Rice
Creek Terrace Plat 1, except
the South 3� Feet �h�reaf,
According to the Recorded
Plat Thereof on File and of
Record in the Office of the
County Recorder, Anoka County,
Minnesota, and Lots 13, 14, 15
and 16, Block 3, Rice Creek
Terrace Plat 2, According to
the Recorded Plat Thereof on
File and of Record in the
Office of the County Recorder
Anoka County, Minnesota, from
R-1, Singie Family Dwelling,
and C-1, Local Business, to
S-2, Redevelopment District,
the Same Being 6525 University
Avenue N.E. ............. 4 - 4Q
............. 4JJ - 4GGGG
B. Establish Public Hearing for
a Preliminary Plat Request,
P.S. #90-02, Michael Servetus
2nd Addition, By Kate Kemper
for the Michael Servetus
Unitarian Society Being a
Replat of Outlot A, Michael
Servetus Addition, to Create
Four Separate Lots, Generally
Located at 980 - 67th Avenue
N.E. .................... 4Q - 4U
.................... 4GGGG - 4Q4QQ
r
NEW HIIBINE$S (CONTINIIED):
Receive the Minutes of the
Planning Commission Meeting
of April 25, 1990 (Continuedj:
C. Establish Public Hearing for
Vacation Request, SAV #90-01,
By Kate Kemper for the Michael
Servetus Unitarian Society
to Vacate Oakley Street as
Dedicated in the Plat of
Michael Servetus Addition,
Generally Located West of
980 - 67th Avenue N.E. ... 4U - 4BB
... 4RRRR - 4WWWW
D. Resolution Approving a
Subdivision, Lot Split, L.S.
#90-01, to Split Off the
Southeasterly 92.35 Feet of
Lot 8, Block 2, Moore Lake
Hills Addition, to Create a
Separate Single Family Lot,
Generally Located at 6065
Central Avenue N.E ...... 4BB - 4DD
...... 4XXXX - 4GGGGG
Receive an Item from the
of the Appeals Commission
of May 1, 1990 . . . . .
Minutes
Meeting
. . . . . . . . . . . 5 - 5Z
A. Variance Request, VAR #90-0�, to
Reduce the Required Setback from a
Right-of-Way Abutting a Residential
District from 100 Feet to 37 Feet,
and 41.9 feet; and to Reduce the
Setback Between a Parking Area
and a Main Building from 5 Feet
to 0 Feet, to Allow the Construction
of Additional Office Space in
Conjunction wi�th a General Overall
Building Expansion Project, on
Lots 2 through 10, Block 6, Rice
Creek Plaza South Addition, and
Lot 20, Block 5, Lowe11 Addition,
the Same Being 6536 Main Street
N.E., by Stylmark, Inc.
FRIDLEY CITY COIINCIL MEETING, MAY 7, 1990 Paqe 5
NEW BIISINE88 (CONTINQED):
Approval of Indemnification Agreement
for Bikeway/Walkway Easement on
Tarqet Warehouse Property . . . . . . . . . . . . 6 - 6D
Approval of Easement Agreement for
Bikeway/Walkway to Cross M.T.
Properties Easement . . . . . . . . . . . . . . 7 - 7H
Receive Bids and Award Contract
for Flanery Park Shelter Project
No. 206 . . . . . . . . . . . . . . . . . . . . . 8 - 8B
Resolution Ordering Improvement,
Approval of Plans and Ordering
Advertisement for Bids: Onondaga
Street Storm Sewer Repair Report
No. 209 . . . . . . . . . . . . . . . . . . . . . 9 - 9C
FRIDLEY CITY COIINCIL MEETING, MAY 7, 1990 Paqe 6
NEW BOSINESS (CONTINUED):
Approval of Policy for Use of
Public Meeting Places in the
Fridley Municipal Center . . . . . . . . . . . . 10 - lOG
Claims . . . . . . . . . . . . . . . . . . . . . 11
Licenses . . . . . . . . . . . . . . . . . . . . 12 - 12J
Estimates . . . . . . . . . . . . . . . . . . . . 13 - 13K
PiDJOIIRN:
•
Veterans' Buddy Poppy Day
May 11,1990
VI%iliiam J. Nee
Mayor
Fridley, MN
WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the
United States has been o�cially recognized and endorsed by governmental leaders
since 1922; and
WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the
proceeds of this worthy fund-raising carrcpaign are used exclusively for the benefit of
disabled and needy veterans, and the �vidows and or�hans of deceased veterans; and
WHEREAS, the basic purpose of the annual sale ofBuddy Poppies by the Veterans of
Foreign Wars is eloquently reflected in the desire to Honor the Dead by Helping the
Living;
NOW, THEREFORE, BE IT RESOLVED that 1, William J. Nee, Mayor of the City
of Fridley hereby proclaim May Il , 1990 as
Veterans' Buddy Poppy Day
and urge the citizens of Fridley to recognize the merits of this cause by contributing
generously to its support through the purchase of Buddy Poppies on the day set aside
for the distribution of these symbols of appreciation for the sacrifzces of our honored
dead. I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our
gratitude to the men and women of this country who have risked their lives in defense
of the freedoms tivhich we continue to enjoy as American citizens.
IN WITNESS WHEREOF, I have set my
hand and caused the seal of the City of
Fridley to be a�xed this 7th day of
May 1990.
WILLIAM J. NEE, MAYOR
•
Public Works Week
May 20 • 26, 1990
VYilliam
Mayor
Fridley,
J. Nee
MN
WHEREAS, public works services provided in our community are an integral part of our
citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient
operation of public works systems and programs such. as water, sewers, streets, highways,
parks, public buildings and snow removal; and
WHEREAS, the health, safety and comfort of Fridley greatly depends on these facilities and
services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design,
maintenance and construction is vitally �lependent upon the efforts and skills of public works
personnel; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people's attitude and understanding of the
importance of the work they perform;
NOW, THEREFORE, BE IT RESOLVED that 1, William J. Nee, Mayor of the City of Fridley
hereby proclaim May 20 - 26,1990 as
Public Works Week
in the Ciry of Fridley and call upon all citizens and civic organizations to acquaint themselves
with the problems involved in providing our public works, and to recognize the contributions
which public works personnel make every day to our health, safery and comfort.
IN WITNESSWHEREOF,1 have set my hand
and caused the seal of the Ciry of Fridley to
be affixed this 7th day of May,1990.
WILLIAM J. NEE, MAYOR
♦
Older Americans Month
V1�illiam J. Nee
Mayor
Fridley. MN
May 1990
WHEREAS, one of the most dramatic changes occurring in our nation and in our city is
the aging of our population; and
WHEREAS, these increasing number of OlderAmericans bring enormous opportunities
and challenges for all components of our society - families, businesses, government and
volunteer groups; and
WHEREAS, every segment of our society will be influenced by the needs, resources, and
expertise of our older citizens; and
WHEREAS, older citizens play a major role in the preservation and transmission of
Fridley's history; and
WHEREAS, older people play a pivotal role in formal and informal education, sharing
years of accumulated experience and wisdom which will impact on our city's future ...
providing a vision for a new decade;
NOW, THEREFORE, I William J. Nee, Mayor of the City of Fridley do hereby proclaim
the month of 1l�lay,1990 to be
01der Americans Month
in Fridley, Minnesota and call upon all Fridley residents to recognize the importance of
strengthening bonds between all ages to create a bright vision for the future.
IN WITNESS WHEREOF, 1 have set my
hand and caused the seal of the City of
Fridley to be affixed this 7th day of May
1990.
WII�LIAM J. NEE, MAYOR
T8E lIINIITES OF T8E REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF
APRIL 23, 1990
The Regular Meeting of the Fridley City Council was call'�ed to order
at 7:33 p.m. by Mayor Nee.
�LEDGE 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
PRESENTATION OF PROCLAMATION:
�'OREIGN EXCHANGE STUDENT WEEK - APRIL 23-29, 1990:
Mayor Nee read and issued a proclamation proclaiming April 23-29,
1990 as Foreign Exchange Student Week in honor of Daniel Dutta,
West Germany; Tine Kauland, Denmark; and Sandra Skeiner,
Switzerland. These students were made honorary citizens of the
City of Fridley while participating in this program.
Mr. Dutta, Ms. Kauland, and Ms. Skeiner presented the City with
flags of their countries. Mr. Dutta attends Fridley High School
and Ms. Kauland and Ms. Skeiner attend Totino-Grace High School.
Mr. Rudy Nessman, representing the Fridley VFW Post 363, presented
American flags to these students.
Mayor Nee and members of the Council extended their thanks and
appreciation to the students for the flags.
APPROVAL OF MINUTES:
COUNCIL MEETING, APRIL 9. 1990:
MOTION by Councilwoman Jorgenson to approve the minutes as
presented. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
BOARD OF REVIEW MEETING APRIL 16, 1990:
MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
Mayor Nee requested Item 7B be deleted from the agenda.
MOTION by Councilman Schneider to adopt the agenda with the
deletion of Item 7B. Seconded by Councilman Fitzpatrick. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
OPEN FORUM. VISITORS:
BOY SCOUT TROOP 167:
Councilman Billings acknowledged the leaders and scouts from Boy
Scout Troop 167. He stated this troop is from St. William's and
is working on their citizenship merit badges. The Council extended
a welcome to the scouts for attending the meeting.
Mayor Nee stated he understands there are residents at the meeting
this evening who wish to address the issue of the City's lease
agreement with Walter Rasmussen and residents who wish to speak
regarding the problems at Locke Lake. He stated the Council would
not normally take any action this evening, but would like to hear
from the residents regarding their concerns.
LEASE AGREEMENT - WALTER RASMUSSEN, 541 79TH WAY:
Mr. Garland Lagesse, 7951 Broad Avenue, stated, as a result of a
neighborhood meeting, a statement has been prepared for the
Council's consideration. He read a letter dated April 22, 1990
addressed to the Council in which the neighborhood expressed their
objection to the City entering into a lease agreement with Mr.
Rasmussen.
Mr. Lagesse stated Mr. Rasmussen was given permission to install
a fence around the perimeter of City land, enclosing the creek, and
creating a barrier to the trail leading to the creek. He stated
the lease indicates approval by the City to privatize public land
by giving permission to erect a fence on City property thereby
enabling Mr. Rasmussen private extension of his land by four lots.
He stated the change in status of this City land was done without
notification of either property owners adjacent to the land or
local residents who have commonly used and shared the land and
creek for well over thirty years.
A petition was also received objecting to the erection of this
fence by Mr. Rasmussen.
MOTION by Councilwoman Jorgenson to receive the letter dated April
22, 1990 in objection to the lease agreement with Mr. Rasmussen.
FRIDLEY CITY OIINCIL MEETINQ OF APRIL 23, 1990 PAGE 3
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Fitzpatrick to receive Petition No. 3-1990 in
objection to the erection of the fence. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
Ms.,Darlene Brady, 641 Buffalo Street, stated she had enjoyed the
view out her window, but now did not appreciate looking through a
chain link fence. She stated the fence is not in compliance with
the City code and is in the street right-of-way on 79th Way and it
appears to be in the right-of-way on Broad Avenue and Buffalo
Street.
Mr. Rasmussen, 541 - 79th Way, stated he wished he had been given
the opportunity to meet with the neighboring residents last week,
but he was not invited to the meeting. He stated he has had
neighbors, Council members, engineers, and reporters coming to his
door as late as midnight over the last several weeks.
Mr. Rasmussen stated a lot of the negative impact of the creek has
been on his property. He stated if you look at the record, he was
in favor of cleaning the creek through a project for the scouts,
church youth group, or others. He stated he did not mean to cause
• the neighborhood any problems and his only intent was to preserve
the natural habitat.
Mr. Rasmussen stated the creek is a natural wildlife creek, but
this is not the case now as such things as bricks, tires, and glass
are thrown into the creek which really is not very natural. He
stated the fence was not intended to be a permanent structure, but
to allow hedges to develop to solve the erosion problem. He stated
he is encouraged by the fact that the neighborhood wants to get
together and try to solve the problem. He stated that is all he
really wants to do, and that he did not want the creek for his
personal enjoyment.
Mr. Rasmussen stated he came to the Council a year ago and offered
to spend his own money to try and improve the area. He stated his
only intent is to preserve the area and try to upgrade it. He
stated Fridley should be proud of its resources and park system,
but for the residents to allow the vandalism does not speak well
for anyone. He stated he would do anything he could to help
correct the problems in the area. He stated his desire is to solve
the problem in an amicable way.
Councilwoman Jorgenson stated she has met with Mr. Rasmussen and
walked through the neighborhood, and he has offered keys to the
neighbors. She understands that several of the neighbors have
accepted keys. She stated she does not perceive that Mr. Rasmussen
is trying to keep the creek for his own personal use.
$RIDLBY CITY COIINCIL I�EETING OF APRIL 23. 1990 PAGE 4
Mr. Lagesse stated the reason they bought their home in this area
was because of the naturalness. He did not feel a chain link fence
was natural.
Ms. Brady stated the area is spoiled now by the chain link fence.
Councilwoman Jorgenson stated the fence is a way to protect the
natural environment. She stated the code enforcement problems in
the neighborhood have greatly improved from what she observed last
Wedrtesday from what it was in October.
Mr. Lagesse stated there are thirteen residents who have indicated
a willingness to clean up this area, but they do not want the fence
as it detracts from the natural environment. He stated he probably
was not as aware as Mr. Rasmussen of the erosion problem.
Mayor Nee stated there are good offers on both sides and some
ground for working together.
Mr. Mike Lafave, 640 Dover Street, stated he would like to see the
City code enforced on Ely Street.
Ms. Mary Nelson, 600 Buffalo Street, stated anyone is welcome in
the neighborhood group they have formed. She stated the primary
purpose is to have the fence removed.
Mayor Nee stated the Council is aware of the residents' concerns
and will get back to them with a response.
Councilman Billings stated he would like to know where Mr.
Rasmussen's property ends and the Broad Avenue right-of-way begins
and where the 79th Way right-of-way is located. He stated he did
not know if it would be necessary to discuss this further at any
Council meeting, but perhaps at a neighborhood meeting.
Councilman Billings stated when Mr. Rasmussen wanted to clean up
the area, he was encouraged that someone wanted to take the time
and effort to do something to improve the area. He stated now
that this situation has created a focal point in the neighborhood,
he is more positive that something good will evolve for the future.
He stated he did not know if there were any short term answers this
evening, without doing some further study and research.
Mayor Nee stated he would like a neighborhood meeting on this
issue, but a little time was needed for further study.
Ms. Nelson requested that the "no trespassing" signs be removed and
that the gate remain unlocked.
Councilwoman Jorgenson stated Mr. Rasmussen told her last Wednesday
he would remove the signs.
FRIDLEY CITY COIINCI KEETING OF APRIL 23, 1990 PAGE 5
Ms. Nelson stated the signs are still there. She stated there are
some people in the neighborhood who feel bad because they were not
offered a key. She stated right now Mr. Rasmussen is the only
person who determines who does or does not get a key.
Ms. Nelson stated she questioned the legality of the fence on the
right-of-way and wondered who was liable.
Mayor Nee stated the Council would obtain that information from the
City Attorney.
Mr. Lagesse stated the lease may be terminated and referred to
Section 8 (g).
Councilman Billings stated the matter will be reviewed, but nothing
can be solved this evening.
Mayor Nee stated the residents would be notified of any meeting
regarding this issue.
Councilwoman Jorgenson stated Mr. Moravetz of the City staff can
meet this evening with anyone interested in information on the
survey for Riverview Heights park.
LOCKE LAKE PROBLEMS:
Ms. Mary Vasecka, 6909 Hickory Drive, explained how the Locke Lake
Dam came into being back in 1955, resulting in the creation of the
lake with an average depth of ten feet. She stated above average
homes were built around the lake, however, over the years, various
problems have plagued the lake such as debris, silt, and snow-
mobiles. She stated these problems still exist and a speedy
resolution is requested.
Ms. Vasecka stated in a memo from John Flora dated Apri1 16, 1990
that he stated that there was erosion of the dam and the water
level of Locke Lake would be lowered in order to reduce the
deterioration and failure of the dam. She stated the memo further
stated that it may be appropriate for residents to plan and/or
complete any shoreline improvements or cleaning during this period.
Ms. Vasecka stated in 1971, Don Schultz predicted if nothing was
done until the Rice Creek Watershed District (RCWD) acted, the lake
may not be saved,and end up as a smelly mud hole. She stated
this is what is happening now. She stated the residents' questions
are who is responsible for damage to the dam and, if recent road
construction contributed to this problem, if the City is planning
any litigation.
Ms. Vasecka stated the RCWD's original proposal for work to be done
still has not been approved. She stated they were advised that the
dam would be repaired in December. She questioned if this does not
FRIDLEY CITY COIINCIL MEBTING OF APRIL 23. 1990 PAGE 6
occur until December, what kind of reassessing of the values of
their homes is planned. She stated they have security problems and
residents may be forced to erect fences.
Mr. Flora, Public Works Director, stated the City is specifically
responsible for the dam itself, but the RCWD is responsible for the
entire system. He stated the 509 Plan was prepared and is expected
to be approved shortly. He stated once this plan is approved, the
RCWD will update it, which should include the proposal to remove
the�sediment and replace the dam. He stated he has asked the RCWD
to expedite this process and schedule these improvements this year.
Mr. Flora felt it would be beneficial if the residents attended a
RCWD meeting to let them know their concerns. He stated he knows
funding is a problem and the RCWD is looking at all areas to
finance this project. He stated the RCWD meets on the second and
fourth Wednesday and third Thursday of every month and the two
representatives from Anoka County are Mr. Cardinal and Mr. Savage.
Councilman Fitzpatrick stated the 509 Plan has not been officially
adopted and is one of the reasons nothing is happening on this
issue.
Ms. Vasecka stated back in 1955, the City made the commitment that
they were responsible for maintenance of the dam. She stated she
• pays a lot of taxes for the pleasure of living on that lake.
Mayor Nee asked if the problem was the water level.
Ms. Vasecka stated it is one of the problems. She wanted to know
if some City trucks can assist with hauling debris.
Ms. Sharon Bakke, 59 Rice Creek Way, stated she has been President
of the Locke Lake Association for over thirteen years and this is
not something that is just now happening. She stated she is
referring to the study concerning investigation of the sediment
deposits in Locke Lake completed by Hickok and Associates. Ms.
Bakke stated in this study, there is a statement in regard to the
dam and who is responsible in regard to fixing it and what could
happen to it. Ms. Bakke stated, at one time, the RCWD, City,
County, and DNR were working together and now nothing is being
done.
Ms. Ann Bolkcom, 6821 Hickory Drive, stated she talked to
Councilman Fitzpatrick about a cleanup of the lake and decided to
get the Locke Lake Association active. She stated the dam has been
there for 35 years, and she cannot understand that the City has not
budgeted for repairs.
Councilman Schneider asked if the residents were willing to pay for
the repairs.
FRIDLEY CITY COIINCIL MEETING OF APRIL 23. 1990 PAGE 7
Ms. Bolkcom stated she felt everyone should pay for it. She
questioned if anyone has been looking at the dam over the last 35
years. She stated she wanted something done about the dam and is
willing to take a part in "pushing" the RCWD.
Ms. Helen Koshuba, 6959 Hickory Circle, stated this is her fourth
summer on Locke Lake and half of that time the lake has been dry.
She stated she moved into the neighborhood because they wanted to
be on a lake. She stated she has spoken to Mr. Cardinal and
understands that the lake was to be dredged. She wanted to know
how much money has been set aside for the cleanup. Ms. Koshuba
stated Mr. Cardinal told her an assessment was done and the funds
would be used for cleanup of Locke Lake.
Councilman Schneider stated the RCWD has taxing authority.
Ms. Bolkcom questioned what partion of her taxes are being provided
to the RCWD and what they have done with these funds.
Councilman Billings stated the City does not have that information,
however, the County Treasurer's Office could tell what portion the
RCWD receives of your property taxes.
Mr. Schultz, 11 Rice Creek Way, stated his father started this
fiqht in 1971. He stated you cannot walk in the lake as there are
shopping carts, glass and other debris, and he finally realizes
what his father went through in trying to get the City to do
something. He stated the dam that was built is inadequate for the
lake.
Councilman Schneider asked Mr. Schultz if he was willing to pay for
repairs to the dam.
Mr. Schultz stated he was not because the City built it wrong in
the first place.
Councilman Schneider stated he takes exception to this statement
as he did not build the dam and neither did the City. He stated
we are all in this together and have to work constructively to
solve the problem.
Councilman Billings stated the City can remove the dam, as all it
would take is a simple resolution, and the whole thing becomes the
RCWD's problem. He stated in terms of cleaning up the lake, the
Council does not have control over the RCWD. He stated the
District is created by the Legislature and representatives are
appointed by the County. He stated the RCWD are the ones who can
give permission to clean up Rice Creek. He stated the Council is
as frustrated as the residents.
Councilman Billings stated at a meeting three years ago, there was
discussion in regard to erosion control on the creek and received
FRIDL$Y CITY COIINCIL M8$TING OF APRIL 23. 1990 PAGE 8
promises from the RCWD and the DNR, but nothing has been done. He
stated until the urgency of the situation developed in the last
month, there has not been any leverage. He stated there is now
some urgency which, hopefully, will get their attention and
something will be done.
Councilman Billings stated Councilman Fitzpatrick keeps asking
every several months about what the RCWD is doing in reqard to
Locke Lake. He stated Hickok and Associates represents the RCWD
and 'it is no surprise that they would submit a report that says the
City is responsible. He stated the City and residents have to work
together and not become adversaries.
Mr. Schultz stated he would just like to see it get done as it has
been nineteen years in the waiting.
Ms.. Lackner, 6825 Hickory Street, stated she would like to work
together and thanked the Council for their time. She stated when
she purchased her home six years ago, she was told the lake would
be dredged. She stated she is concerned about false hopes and
fighting a losing battle due to the past history.
Mayor Nee stated it is in the RCWD's plan and felt this incident
should be used in an attempt to expedite the RCWD's action.
Councilman Schneider stated it is important to note that John Flora
and Councilman Fitzpatrick have done a lot of work to get Locke
Lake in the RCWD's plan.
Councilwoman Jorgenson stated the RCWD is meeting this Wednesday
night at 7:30 p.m. at the Shoreview City Hall and she would be more
than happy to attend with the residents.
Mr. Fred Halvorson, 85 Rice Creek Way, stated he has lived on Locke
Lake since 1963 and hoped the Council would not consider rescinding
the resolution. He questioned the problems with the dam.
Mr. Flora explained some of the problems include the loss of
concrete footings, unsupportive and eroded wing walls, and
continued percolation under and around the dam. He stated the
entire footing could be lost and the dam could collapse.
Mr. Halvorson asked if any temporary measures could be taken that
would not be too costly.
Mr. Flora stated possibly steel pilings could be placed across the
entire front of the west end of the dam.
Ms. Vasecka asked if these were new problems. She stated some
residents feel it is because the shoreline was altered or because
of the construction which took place on East River Road.
�
FRIDLBY CITY COIINCIL MEETING OF �PRIL 23, 1990 PAGE 9
Mr. Flora stated he did not believe the road improvement had
anything to do with the dam. He stated he contributes the problem
to the percolation of water from the east to the west side.
Mr. Halvorson asked if the City has to wait for the RCWD to take
action.
Mr. Flora stated the City could go and spend money and temporarily
fix the dam or replace it. He stated if it is replaced, the dam
should be built correctly to allow sedimentation to be removed,
but that should be tied in with removal of the sedi�entation which
is to be done by the RCWD.
Ms. Zakia Sajady, 6745 East River Road, stated there is erosion in
her back yard and it has sunk. She stated her back yard retaining
wall should be considered as part of the dam structure and should
be reinforced. Ms. Sajady stated her patio is also sinking and
felt the erosion of the spillway undermined the patio. She stated
the level of water in her yard is two or three inches higher than
normal and her property is completely under water.
Mr. Harry Bolkcom, 6821 Hickory Street, stated he has lived on
Locke Lake since 1966 and the lake used to be ten to twenty feet
deep and would like to see it dredged to this depth. He stated the
City's help is needed to get the lake back to its original depth,
and he would do whatever is necessary. He stated part of the
frustration is the drought and they now face another year of
looking at mud and nothing is happening.
Mr. Lee Jones, 54 Locke lake Road, asked if this item is on the
agenda for the RCWD.
Mr. Flora stated he would request it be placed on their agenda.
Mr. Herrick, City Attorney, stated it seems to him that it might
be more effective to attempt to get this item on the RCWD's agenda
on a formal basis and that probably would mean it could not be done
by their meeting this Wednesday. He felt the City should request
this be on the agenda as soon as their schedule permits.
Mr. Flora stated he would contact the RCWD as to a date when this
item would come before them.
Ms. Bolkcom stated Mr. Savage suggested they retain a lawyer and
come as a large group.
Mr. Herrick stated if the Council would authorize it, he could
probably speak for the City and citizens.
Mr. Herrick stated he felt even if the dam is constructed and the
lake dredged, there will be a continual problem when there is a
lack of rainfall.
FRIDLEY CITY COIINCIL MEETING OF �PRIL 23. 1990 PAGE 10
Mr. Bolkcom stated even if it was ten feet deep, it would be better
than what they have now.
Mayor Nee stated the Council would contact the residents and keep
them posted on this issue.
RECESS•
Mayor Nee called a recess at 9:22 p.m.
RECONVENED•
Mayor Nee reconvened the meeting at 9:32 p.m. All Council members
were present.
OLD BUSINESS:
1. ORDINANCE NO. 947 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER
2��- ENTITLED "BUILDING CODE" BY AMENDING SECTION 206.03.02J:
MOTION by Councilman Schneider to waive the reading and adopt
Ordinance No. 947 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.
2� �pPROVAL OF CONTRACT WITH HOWARD, NEEDLES, TAMMEN & BERGENDOFF
(HNTB) FOR THE DESIGN AND IMPROVEMENTS TO WELL NO. 12 AND 63RD
AVENUE BOOSTER STATION PROJECT NO. 204:
Mr. Flora, Public Works Director, stated this letter contract is
for the engineering services for design and inspection of the
improvements to the 63rd Avenue Booster Station and the modifi-
cations of Well No. 12. He stated this project is associated with
the City's water storage requirements and provides for increased
pumping capacity between the low and intermediate water zones.
Mr. Flora stated the amount for the design is $17,628.00 and the
construction inspection amounts to $9,850.80 for a total contract
amount not to exceed $27,478.80.
MOTION by Councilman Fitzpatrick to authorize the City to enter
into this contract with Howard, Needles, Tammen & Bergendoff (HNTB)
for the design and improvements to Well No. 12 and the 63rd Avenue
Booster Station for an amount not to exceed $27,478.80. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
3. CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS:
Councilman Fitzpatrick stated a gentleman from his neighborhood has
expressed an interest in serving on the Appeals Commission. He
�RIDLSY CITY CODNCIL KSETING OF APRIL 23. 1990 PAGE 11
stated he does not have a resume submitted, but wants tc� become
more involved in City activities.
MOTION by Councilman Fitzpatrick to nominate Clifford Johns�on, Jr.,
5156 Hughes Avenue, for appointment to the Appeals Commis:sion.
There being no further nominations, Mayor Nee decla;red the
nominations closed.
MOTION by Councilman Schneider to cast a unanimous ballot for the
appointment of Clifford Johnson, Jr., 5156 Hughes Avenue„ to the
Appeals Commission far the term expiring April 1, 1991. �Seconded
by Councilwoman Jorgenson. Upon a voice vote, all vot:ing aye,
Mayor Nee declared the motion carried unanimausly.
MOTION by Councilman
appointments. Seconded
vote, all voting aye,
unanimously.
NEW BUSINESS•
Schneider to table the balance of the
by Councilwoman Jorgenson. Upon a voice
Mayor Nee declared the motion carried
4. F'IRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IlJ ZONING
DISTRICTS:
Ms. Dacy, Planning Coordinator, stated this rezoning is for
property in the southeast corner of Mississippi Street and East
River Road. She stated the proposal is to rezone from R--1 to C-1
in order to remove the existing Spur Station and reconstruct a new
building. She stated the house and garage on the parcel would be
removed to allow the new construction.
Ms. Dacy stated the Planning Gommission has recommended approval
of the rezoning subject to two stipulations: (1) approv�il of the
special use permit and variance requests; and (2) the parc�els shall
be combined into one tax parcel.
MOTION by Councilman Fitzpatrick to waive the reading and approve
the ordinance upon first reading, with the following stip�zlations:
(i) sub7'ect to approval of the special use permit and variance
requests; and (2) the parcels shall be combined into one tax
parcel. Seconded by Councilwoman Jorgenson. Upon a vo:ice vote,
all voting aye, Mayor Nee declared the motion carried una:nimously.
FRIDLEY CITY COIINCIL MEETINa OF �PRIL 23, 1990 PAGE_12
5. VARIANCE RE4UEST VAR �90-02 TO REDUCE THE R�4UIRED SIDE YARD
�ETBACK ON THE STREET SIDE OF A CORNER LOT FROM 35 FEET TO 30
�'EET; TO REDUCE THE RE4UIRED PARKING AND HARD SURFACE SETBACK
FROM HE STREET RIGHT-OF-WAY FROM 20 FEET TO 9_ FEET AND 10
FEET GENERALLY LOCATED AT 6443 AND 6485 EAST RIVER ROAD N.E..
1SPUR STATION) BY MURPHY OIL COMPANY:
Ms. Dacy, Planning Coordinator, stated the petitioner has met the
criteria for a hardship and the Appeals Commission has recommended
approval of these variance requests.
MOTION by Councilman Fitzpatrick to qrant the variances requested
under VAR #90-02. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
6. "PECIAL USE PERMIT. SP #90-01 TO ALLOW A MOTOR VEHICLE FUEL
,,�.:� OIL DISPENSING SERVICE AS AN ACCESSORY USE TO A
CONVENIENCE STORE GENERALLY LOCATED AT 6443 AND 6485 EAST
RIVER ROAD N E. L,SPUR STATION) BY MURPHY OIL COMPANY:
MOTION by Councilman Fitzpatrick to grant Special Use Permit,
SP #90-01 with the following stipulations: (1) Reconstruct the
existing sidewalk to a minimum width of five feet from the south
property lines around the site to the northeast corner, (2)
Drainage calculations shall be submitted to the Engineering
Department prior to issuance of a building permit, (3) The driveway
issue shall be resolved with Anoka County prior to issuance of a
building permit, and (4) Approval of the various request. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
APRIL 11, 1990•
A. SPECIAL USE PERMIT, SP #90-04 TO ALLOW GARDEN CENTERS
OR NURSERIE5 WHICH REQUIRE OUTSIDE DISPLAY OR STORAGE
OF MERCHANDISE ON LOT 1, BLOCK 1, HOLIDAY NORTH 1ST
ADDITION GENERALLY LOCATED AT 250 57TH AVENUE N.E.
,�HOLIDAY PLUS STORE) BY HOLIDAY COMPANIES:
Ms. Dacy, Planning Coordinator, stated this is a request by Holiday
Plus to relocate the garden storage area from the northeast corner
to the southeast corner of their building. She stated access would
only be from the inside of the store.
Ms. Dacy stated the Planning Coaimission recommended approval of the
request subject to seven stipulations. She stated in regard to
Stipulation No. 4 for the development of a long-range site
improvement plan for the rear of the building, a letter was
received from the petitioner objecting to this stipulation. She
stated Mr. Dave Hoeschen from Holiday Companies is here this
evening to address this issue.
�RIDL$Y CITY COONCIL �IE$TINa OF APRIL 23, 1990 PAGE 13
Mr. Hoeschen stated the relocation of their garden center fits in
better with the other renovations in the store. He stated when
they applied in 1988 for the special use permit, there were
stipulations recommended and, even though they withdrew their
request, they have complied with the recommendations. He stated
they are in agreement with all the stipulations, except No. 4. Mr.
Hoeschen stated the reason for their concern is that they have to
develop a site improvement plan for the rear of the building by
June, 1991 and implement the plan by August, 1993.
�
Mr. Hoeschen stated while they don't have a problem in trying to
renovate what they see as a problem, they do not want to commit to
a timetable without knowing what the City staff would require. He
stated they would qive the City a verbal commitment to work with
staff. He stated if the Council cannot remove this stipulation,
it.may be best that they withdraw their request and leave the
garden center where it is now located.
Ms. Dacy stated the reason for this stipulation was the strong
feeling about the aesthetics from I-694 and University Avenue and
staff wanted to raise the issue to be discussed by the Council.
Mayor Nee asked what type of improvements staff had in mind. Ms.
Dacy stated she was referring to landscaping.
Councilman Fitzpatrick asked what stipulations were recommended by
the Planning Commission and what ones were recommended by staff.
Ms. Dacy stated the first six stipulations were recommendations by
staff and the seventh stipulation was from the Planning Commission.
MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP
#90-04, with the following stipulations: (1) The existing garden
center fence shall be removed and the sidewalk/pavement area shall
be repaired; (2) The shrub beds along 57th Avenue shall be cleaned
and mulched with rock and an appropriate weed barrier by November
1, 1990; (3) The dumpsters shall be screened by January 1, 1991,
if the trash compactor has not been installed; (4) The petitioner
shall work with City staff to develop a long-range site improvement
plan for the rear of the building by June, 1991. Implementation
of this plan to be completed by August, 1993; (5) The garden center
shall be enclosed with a cyclone fence and vinyl slats; (6) Vinyl
slats matching those of the garden center shall be installed in the
cyclone fence surrounding the propane tank located on the west
property line; and (7) Exterior storage of materials other than
those used for the garden center shall not occur within the fenced
area. Seconded by Councilwoman Jorgenson.
Councilman Billings stated the petitioner has some problem with
Stipulation No. 4 and it is a little ambiguous if staff is really
talking about landscaping. He felt the language was a little
FRIDL$Y CITY COIINCIL MEETING OF APRIL 23�_1990 PAGE 14
broader than just landscapinq and understands it would give the
petitioner cause for concern and that they may be inclined to
withdraw the request. He felt perhaps the special use permit could
be granted for a certain time period and then reviewed to determine
if staff and petitioner have worked out anything in terms of the
landscaping and, if not, the special use permit could be cancelled.
He stated he wanted to make sure they are looking at all options.
Councilwoman Jorgenson stated that the stipulation regarding a
landscaping plan would be included for any companies applying for
a special use permit.
Mayor Nee asked the petitioner if it would make a difference if the
words site plan were changed to landscaping plan.
Mr. Iioeschen he would like to rest on what they have done in the
last several years with improvements to the building. He stated
he is not in a position to say if they would agree to a site plan
or landscaping plan without knowing what it entails.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
B. SETTING PUBLIC HEARING FOR REZONING REOUEST ZOA #90-03,
T�? REZONE LAT 1 BLOCK 1 LAMPERT'S ADDITION FROM M-l.
LIGHT INDUSTRIAL TO C-2, GENERAL BUSINESS, GENERALLY
CATED AT 7680 HIGHWAY 65 N.E. AMOCO OIL SERVICE
STATION) BY BOB'S AMOCO:
This item was deleted from the agenda.
MOTION by Councilwoman Jorgenson to receive the minutes of the
Planning Commission meeting of April il, 1990. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
8. RECEIV ITEMS FROM THE MINUTES OF THE APPEALS COMMISSION
MEETZN OF APRIL 10. 1990:
A. VARIANCE VAR #90-05, TO REDUCE THE DRIVEWAY CURB
OPENING TO THE NEAREST PORTION OF A RIGHT-OF-WAY
FROM 75 FEET TO 42 FEET: TO REDUCE THE NUMBER OF
ARKING SPACES FROM 39 O 29 SPACES• TO REDUCE T E
PARKING SETBACK FROM 20 FEET TO 10 FEET AND 19 FEET;
TO REDUCE THE DRIVEWAY AISLE WIDTH FROM 25 FEET TO
20 FEET, ALL TO ALLOW DRIVEWAY INGRESS/EGRESS RE-
LOCATION AND EXPANSION OF DRIVE-UP FROM TWO LANES
Tn FOUR LANES GENERALLY LOCATED AT 5205 CENTRAL
AVENUE N.E. BY TCF BANK SAVINGS:
Ms. Dacy, Planning Coordinator, stated the petitioner has been
working with the owners of Skywood Mall to develop a traffic
FRIDL$Y CITY COONCIL KEETINa OF �PRIL 23. 1990 PAGE 15
pattern to serve the expansion of drive-up teller lanes at Twin
City Federal. She stated the petitioner has submitted this
variance, basically, to preserve his options. She stated there are
a several variances included in this request.
Ms. Dacy stated at the Appeals Commission meetinq, they considered
an alternate option recommended by staff. She stated the
recommendation was to close the west driveway and to widen the east
driveway to 32 feet. She stated another option that was identified
was�widening the driveway between the green space around the
building, but that would leave only five feet from the south end
of the building. She stated the petitioner was concerned about
this option as it creates a conflict with cars coming from the
drive-up aisle and those tryinq to enter and park.
Ms. Dacy stated the Appeals Commission recommended denial of the
variance request to reduce the driveway curb opening to the nearest
portion of a right-of-way from 75 feet to 42 feet, but recommended
approval of the other three variances.
Ms . Dacy stated a meeting was held with the parties involved in
Skywood Mall and Twin City Federal regarding this proposal to
determine if they could move to the original plan approved in 1988.
She stated what is proposed is that TCF could sti1Z build their
separate drive-through aisle, but there would be only one lane into
-- the Skywood property and one lane out of the property. She stated
the width of this driveway would be approximately 30 feet and
appropriate radii at the intersection of 52nd Avenue would have to
be constructed to ensure a better turning movement into the
property. She stated it is hoped this option will be acceptable
to the Skywood wall partnership.
Mr. Galush, representing Twin City Federal, stated it isn't that
they do not want to go along with the City staff's recommendation,
but due to the complexity of the situation and so many persons
involved, nothing seemed to work. He stated he has thought of
another option which would provide for two entrances and the only
exit would be the driveway that goes into the mall. Mr. Galush
stated all traffic from 52nd Avenue would be entrance only, with
no exit. He stated with no parking at this end of the building,
there is room to stack about 40 cars. He stated this is an
alternate to what was mentioned earlier.
Mr. Galush stated their business has increased and they are trying
to find ways to alleviate the traffic congestion. He stated he is
suggesting this plan as another alternative and is not saying the
other plan would not work. He stated he knows staff and the
Council are doing everything to resolve the issue and would do what
the City wants, but would like the matter resolved this year.
FRIDLBY CITY COIINCIL MEETING OF APRIL 23, 1990 PAGE _16
Councilman Billinqs stated he has not seen this proposal before so
he did not know how many variances would be necessary to implement
such a plan.
Ms. Dacy stated the variances would still be needed for the parking
spaces and for the setback encroachments.
Councilman Billinqs asked if this entire plan is within Twin City
Federal's own property. Mr. Galush replied in the affirmative.
Councilman Billinqs stated the petitioner and City staff have been
working with Skywood Mall for the last several years to try and
come up with a way of ineeting Twin City Federal's needs. He stated
TCF needed to do some expansion, but it was difficult to do on
their site based on the plan submitted. He stated the owners of
Skywood Mall had promised the City they would make some
improvements, however, this property is now in receivership.
Councilman Billings stated the plan submitted this evening seems
to accomplish TCF's needs within their own site. He stated he is
not prepared to make a formal decision this evening, but knows Mr.
Galush has to report to his Board of Directors this week as to
whether the City will go along with some type of expansion plan or
they will need to reallocate their budget money. He stated he
would like to table this item; however, possibly taking a straw
vote of the Council to determine if they are willing to accept one
of the three proposals before them for expansion of TCF's site so
they can proceed with some of their planning.
In polling the Council, all were in agreement that they would be
willing to accept one of the proposals for expansion at Twin City
Federal's site.
Councilwoman Jorgenson stated the plan submitted this evening
addresses the issues raised two years ago and she is very pleased
with it.
MOTION by Councilman Billings to table this item for two weeks and
direct staff to meet with Twin City Federal representatives and
continue to work with representatives from Skywood Mall. Seconded
by Councilwaman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
B. VARIANCE RE UEST VAR #90-06, TO REDUCE THE FRONT YARD
SETBACK FROM 35 FEET TO 22 FEET; TO REDUCE THE SIDE
YARD SETBACK FROM 10 FEET TO 3 FEET, TO ALLOW THE
REMODELING OF AN EXISTING HOME. GENERALLY LOCATED
AT 1400 FIRESIDE DRIVE N.E., BY MORRIS BENSON:
Ms. Dacy, Planning Coordinator, stated this property is located at
1400 Fireside Drive and the Appeals Commission recommended denial
of the variances based on the site plan. She stated the petitioner
FRIDLEY CITY COIINCIL KEETING OF APRZL 23, 1990 PAGE 17
submitted a revised plan which would eliminate the need for the
front yard variance and require only the side yard variance from
the required 10 feet to 5 feet.
Ms. Dacy stated the petitioner wishes to create an enclosure over
the front of the dwelling which is three feet wide. She stated the
Zoning Code permits an encroachment of vestibules up to five feet
in a front yard. She stated, therefore, the only variance to be
approved would be the existing encroachment of the side yard from
the�required 10 feet to 5 feet.
MOTION by Councilman Schneider to
request, VAR #90-06, to reduce the
to 5 feet, and deny the variance t
from 35 feet to 22 feet. Seconded ]
a voice vote, all voting aye, Mayor
unanimously.
grant that portion of variance
side yard setback from 10 feet
� reduce the front yard setback
�y Councilman Fitzpatrick. Upon
Nee declared the motion carried
9. �+,PPROVAL OF CONTRACT WITH BRUCE A LIESCH ASSOCIATES, INC. TO
L.�cATE AND DESIGN WELL NO 14. PROJECT NO. 205:
Mr. Flora, Public Works Director, stated this contract is for the
hydrogeologic consulting services and establishing a production
well at the Locke Park water plant location. He stated the costs
to locate and design Well No. 14 are $19,515.00. He stated it is
recommended that Council approve this contract in order to initiate
the DNR approval process and the hydrogeologic and seismic
investigation for the production well.
Councilman Schneider asked about the $30,000.00 referred to in Mr.
Flora's memo.
Mr. Flora stated when the Capital Improvement Plan was first
prepared, only projects were identified, but at the March
discussion meetings, it was suggested that the consulting work be
included which was added. He stated there is not a printout that
identifies all the costs for improvements, but work is being done
on a five year Capital Improvement Program and the Council should
be receiving a list shortly of the revised projects.
Councilman Schneider stated as he understands, there is $30,000 in
the revised Capital Improvement Plan, but did not know if this is
included in the $300,000.00. He stated he specifically requested
that sheet. �
MOTION by Councilman Schneider to table this item.
MOTION FAILED FOR LACK OF A SECOND.
Councilman Schneider stated he is trying to identify this
$30,000.00 for Liesch Associates and dbes not know what it is part
of .
�RIDLEY CITY COIINCIL MEETING OF APRIL 23. �990 �AGE 18
Mr. Burns, City Manager, stated costs for the engineering arose
after the construction costs were discussed. He stated he
anticipated the cost was included in the design.
Councilman Schneider stated there is a revised Capital Improvement
Plan and he would like to see it.
Councilman Schneider stated the City has had a water system that
has supplied the City for years. Now it sounds like if the City
does not have enormous dollars, that the system will fall apart.
He stated he is really uncomfortable with it and wants to know
where the numbers are coming from and why they keep changing.
Mr. Flora stated staff has been working on the Capital Improvement
Program and has been shifting projects around because of changes
in policies, so there are some chanqes. He stated staff has been
tzying to incorporate those figures, but it changes almost on a
monthly basis.
Councilman Schneider stated his concern is that each time the
numbers rise, thoughts should be for eliminating items rather than
thinking about raising the water rates.
Mr. Burns stated when the Capital Improvement Plan is submitted in
May, staff would do their best to provide a plan that meets the
City's needs. He stated he has some of the same frustrations as
Councilman Schneider with surprise expenditures, but some that come
along are very difficult to eliminate.
MOTION by Councilwoman Jorgenson to approve the contract with Bruce
A. Liesch Associates, Inc. for location and design of Well No. 14,
Project No. 205, for $19,515.00. Seconded by Councilman
Fitzpatrick. Upon a voice vote, Councilwoman Jorgenson, Councilman
Fitzpatrick, Councilman Billings, and Mayor Nee voted in favor of
the motion. Councilman Schneider voted against the motion. Mayor
Nee declared the motion carried by a 4 to 1 vote.
10. APPROVAL OF CONTRACT WITH BRUCE A LIESCH ASSOCIATES. INC. TO
DESIGN AND ADMINISTER MONITORING WELLS AT COMMONS PARK,
PROJECT NO. 208:
Mr. Flora, Public Works Director, stated the contract provides for
Bruce A. Liesch Associates, Inc. to prepare specifications,
administer the construction, and prepare documentation for three
monitoring wells at Commons Park in the shallow glacial drift. He
also stated that the construction at the well will be bid
separately after the plans have been developed.
MOTION by Councilman Schneider to approve the contract with Bruce
A. Liesch Associates, Inc. to design and administer monitoring
wells at Commons Park, Project No. 208, in the amount of $9,412.00.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.l
�RIDLEY CITY COIINCIL MEETING OF APRIL 23. 1990 PAGE�
11. APPROVAL OF AGREEMENT WITH CHAPEL CONSULTING. INC,:
Mr. Pribyl, Finance Director, stated this letter of understanding
outlines the scope of study and nature of the services which Chapel
Consulting would provide to update the City's computer plan. He
stated Chapel Consulting completed the original study for the City.
He stated when the plan was first prepared, it was the intention
to update it to determine the efficiency and effectiveness of the
system. Mr. Pribyl requested the Council consider entering into
thi$ agreement for an amount not to exceed $14,745.00.
MOTION by Councilman Schneider to authorize the City's entering
into this agreement with Chapel Consulting, Inc. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
12. CHANGE ORDER NO 1 FOR REPAIR AND MAINTENANCE OF WELL NO. 5.
�ROJECT NO. 198•
Mr. Flora, Public Works Director, stated after careful examination
of the pump parts and column pipe pulled out of this well, it was
discovered that all 380 feet of pipe had to be replaced. However,
the sgecifications identified only 40 feet needed replacement. He
stated the additional cost for replacement is $5,100.000 plus
$569.00 for a check valve. However, the costs of sandblasting and
coating of the existing pipe was subtracted in the amount of
$1,008.00 and no bailing was necessary for an additional savings
of $2,400.00. He stated the net difference is an additional
$2,261.00 to complete the well repairs.
MOTION by Councilman Billings to authorize Change Order No. 1 with
Mark Traut Wells for the repair and maintenance of Well No. 5,
Project No. 198, in the amount of $2,261.00. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
13. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT
NO. ST. 1990 - 10 (SEALCOAT):
MOTION by Councilwoman Jorgenson to receive the following bids for
Street Improvement Project No. ST. 1990 - 10 (Sealcoat):
Astech Corporation
P. O. Box 1025
St. Cloud, MN 56302
$107,170.04
Bituminous Roadways
2825 Cedar Avenue South
Minneapolis, MN 55407 $114,441.62
$RIDLBY CITY COIINCIL MEETING OF APRIL 23. 1990 PAG$ 20
Allied Blacktop
10503 89th Avenue North
Maple Grove, MN 55369 $119,391.16
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Flora, Public Works Director, stated three bids were received
and the low bidder was Astech Corporation and it is recommended
they be awarded the contract.
Mr. Flora stated $100,000.00 was allocated in the 1990 budget for
sealcoating. However, since not all of the 1990 projects will be
initiated, it would be appropriate to amend the street program to
increase the sealcoat budget amount to $108,000 or reduce the
contract quantities. He stated prices were lower this year than
last year.
MOTION by Councilman Fitzpatrick to award the contract for Street
Improvement Project No. ST. 1900 - 10 (Sealcoat) to the low bidder,
Astech Corporation for $107,170.04. Seconded by Councilwoman
Jorgenson.
Councilman Billings asked how much additional money was added to
this project that was not originally planned in 1990.
Mr. Flora stated the sealcoating was focused in the northwest
portion of the City. However, it was found there were some streets
that had not been sealcoated in the last seven years so the amounts
of sealcoating necessary to cover them were added in hopes that the
bid would be under $100,000.00. He stated the bid was $107,170.04
so a change could be made in the sealcoat budget or the additional
quantities could be eliminated.
Councilman Billings stated he did not have a problem with moving
funds, but wants to maintain the integrity of the budgeting system.
He stated with losing aid to local governments, the City has to be
cognizant of where they are spending monies.
Councilman Schneider stated there are some problems with loose
rocks from last year's sealcoating.
Mr. Flora stated it appears there was some problem with the asphalt
material and several other cities also experienced the same
problem. He stated the City still has the performance bond so that
whatever corrective action is necessary can be taken.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF APRIL 23. 1990 PAGE 21
14. �CEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT
�10. ST 1990 - 1 lOVERLAYI:
MOTION by Councilwoman Jorgenson to receive the following bids for
Street Improvement Project No. ST. 19909 - 1(Overlay):
Va11ey Paving, Inc.
8800 - 13th Avenue East
Shakopee, 1rIId 55379
W.B. Miller, Inc.
16765 Nutria Street
Ramsey, MN 55303
Bituminous Roadways, Inc.
2825 Cedar Avenue So.
Minneapolis, MN 55407
GMH Asphalt Corp.
17018 Saddlewood Trail
Minnetonka, MN 55343
DMJ Corporation
2392 Pioneer Trail
Hamel, MN 55340
Northwest Asphalt, Inc.
1451 County Road 89
Shakopee, MN 55379
Midwest Asphalt Corp.
P. O. Box 5477
Hopkins, MN 55343
Alber Construction, Inc.
9636 - 85th Avenue North
Osseo, MN 55369
Alexander Const. Co.
9050 Jefferson Trail
Inver Grove Hgts. , I�1 55075
Hardrives, Inc.
7200 Hemlock Lane North
Maple Grove, l�i 55369
Munn Blacktop, Inc.
10883 - 89th Avenue North
Maple Grove, NIId 55369
$40,773.75
$41,429.50
$41,890.00
$41,963.50
$43,094.00
$43,137.50
$43,367.40
$43,774.00
$45,817.50
$46,053.50
$46,073.90
FRIDLBY CITY COIINCIL MEETING OF APRIL 23. 1990 PAGE 22
Bituminous Const. & Contr. ,
2456 Main Street
Minneapolis, l�i 55434 $48,087.50
Barber Construction Co.
P. O. Box 5324
Hopkins, MN 55343 $48,354.00
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye; Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Jorgenson to award the contract to the low
bidder, Valley Paving, Inc., in the amount of $40,773.75 for Street
Improvement Project No. ST. 1990 - 1(Overlay). Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
15. RESOLUTION NO 8-�990 AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE CAPITAL IMPROVEMENT FUND:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 28-1990.
Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman
Fitzpatrick, Councilwoman Jorgenson, Councilman Billings and Mayor
Nee voted in favor of the motion. Councilman Schneider voted
against the motion. Mayor Nee declared the motion carried by a 4
to 1 vote.
16. �ESOLUT�ON NO 29-1990 TO RECONDITION 3 MG GONCRETE GROUND
RESERVOIR:
MOTION by Councilman Schneider to adopt Resolution No. 29-1990.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
�
APPROVAL OF CONTRACT WITH AEC FOR DESIGN AND INSPECTION OF THE
REPAIR WORK•
MOTION by Councilman Schneider to authorize the City to enter into
a contract with AEC for the design and inspection of the repair
work of the 3 MG ground storage tank. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
17. CLAIMS•
MOTION by Councilman Billings to authorize payment of Claims No.
31570 through 31776. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
FRIDLBY ITY COIINCIL 1dEETING OF APRIL 23, 1990 PAGE 23
18. LICENSES:
MOTION by Councilman Schneider to approve the licenses as submitted
and as on file in the License Clerk's Office. Seconded by
Councilman Billings.
MOTION by Councilman Schneider to amend the above motion by
deleting the on-sale beer license for Wong's Restaurant. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
19. ESTIMATES•
MOTION by Councilman Fitzpatrick to approve the estimates as
submitted:
Gammon Brothers, Inc.
13845 Northdale Boulevard
Rogers, MN 55374
Street Improvement Project
No. ST. 1989 - 1& 2
Estimate No. 12 . . . . . . . . . . . . . . . $12, 825. 00
AEC Engineers & Designers
511 - llth Avenue South
Minneapolis, MN 55415
1.5 MG Concrete Reservoir
Repair Project No. 193
(Inspection Services)
1. Period from 10/29/89
to 11/25/89 . . . . . . . $1,559.00
2. Period from 1/O1/90
to 1/27/90. . . . . . . 260.00
3. Period from 2/25/90
to 3/31/90 . . . . . . . 237.50
TOTAL. . . . . . . . . . . . . . . . . . . . $2, 056. 50
Modern Heating and Air
Conditioning, Inc.
2318 First Street N.E.
Minneapolis, MN 55418
Firearms Range
Pay Application No. 3. . . . . . . . . . . . $9,225.00
FRIDLEY CITY COIINCIL M�ETING OF APRIL 23. 1990 PAGE 24
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
20. AUTHORIZATION FOR CITY ATTORNEY TO REPRESENT THE CITY BEFORE
THE RICE CREEK WATERSHED DISTRICT REGARDING LACKE LAKE
PROBLEMS•
Mayor Nee asked if it was Council's desire to underwrite an
attorney to represent the City before the Rice Creek Watershed
District.
Councilman Schneider asked Mr. Herrick about the costs for him to
represent the City before the Rice Creek Watershed District
regarding the problems at Locke Lake.
Mr. Herrick, City Attorney, stated assuming there was no
litigation, the cost would probably be about $2,000 at the most.
He stated somewhere along the line the homeowners may wish to
obtain their own attorney.
MOTION by Councilman Fitzpatrick to authorize the City Attorney to
represent the City before the Rice Creek Watershed District
regarding the Locke Lake problems. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
ADJOURNMENT•
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of April 23, 1990 adjourned at
11:14 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
Approved:
�
. _
CITYOF
FR[DLEY
CiVIC CENTER • fr�31 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA Si432 • PHONE (61') i71-:�ip
April 16, 1990
Park L. Wong
11615 - 41st Ave.No.
Plymouth, Mn. 55441
Dear Mr. Wong,
This is to inform you that the Public
Hearing for your On Sale Beer License is scheduled
to be considered by the Fridley City Council on
April 23, 1990 at 7:30 P.M. at the P1unicipal Center,
6431 University Ave. N.E.
It would be to your interest, if you would attend.
If there should be a comment, you may wish to respond.
Sincerely,
�--�
�� � �_
Ellen Duncan
License Clerk
ll
�
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
CITY COUNCIl.
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Council of the
City of Fridley will hold a public hearing at the
City Municipal Center, 6431 University Avenue North
east on May 7, 1990 at 7:30 p.m. on the question of
issuing a On Sa1e Beer license to Wong's Gourmet
Restaurant for the property located at 1254 E. Moore
Lake Drive Northeast.
Anyone having an interest in this matter should
make their interest known at this public hearing.
SHIRLEY A. HAAPALA
CITY CLERK
Publish: April 18, 1990
April 25, 1990
COMMISSION VACANCIES AND TERMS
THAT WILL F%PIRE IN 1990
FOR CITY COIINCIL CONSIDERATION
CIIRRENT MEMBER
Planninq Commission
At Large - Vacant
Bnvironmental Ouality
and Eneray Commission
Vacant
(Wayne Wellan resigned.)
Human Resources Commission
Paul Westby
666 Kimball Street
(H) 780-4326 (B) 571-1345
TSRM
E%PIRES
4-1-93
4-1-90
4-1-90
APPOINTEE
2
MEMORANDUM
3
- Cltr ot i�lA1•y
` i<= 1 11a1��r�it� A����� N.E.
Frldi�y. tlinn��ot• id4�Z
►�oA. ce�:)s>>-asso
�
1 I'
MEMO TO: WILLIAM W. BIIRNS ���+
FROM: WILLIAM C. HDNT ��/+►
�
BIIBJECT:
DATE:
WiNiam C. Munt
Assistant to the City Mana�er
LABOR AGREEMENT WITB INTERNATIONAL IINION OF OPERATING
ENGINEERS LOCAL NO. 49 FOR 1990
APRIL 30, 1990
On Friday, April 27 the Public Works Maintenance employees voted
to approve an agreement regarding wages and working conditions.
The new agreement establishes a single classification of Public
Services Worker to replace the previous Maintenance I, Maintenance
II, Specialist, and Maintenance III classifications. It also
establishes a mechanics classification.
The contract also establishes a career path based on years of
service and achievement of minimum requirements. Basically, in
order to reach the top future PubZic Services Workers and Mechanics
will need to have the equivalent of one year of technical college
course work plus the highest appropriate certification in their
respective fields.
The new labor agreement eliminates the practice of additional pay
for working out of classification. Each employee will only have
one rate of pay at a time.
The new agreement increases the probationary period from six months
to one year.
The new agreement provides for a maximum contribution by the City
to health and life insurance of $225.00 per month, the same as for
other Fridley city employees in 1990.
For the last several years the public works maintenance employees
have received a smaller increase on their base in addition to lump
sum payments. Because of this the new contract is estimated to
cost the city no more than 3.25 percent over the cost for last
year, even though every employee receives at least a 4 percent
increase on the base.
I believe that this contract represents a major step in the right
direction. I request that you present it to the City Council for
approval at their meeting on May 7, 1990.
WCH/jb
3A
RESOLIITION NO. - 1990
RESOLUTION AUTHORIZING SIGNINQ AN AGRE$MENT
FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL
IINION OF OPERATING ENGINEERS� I,OCAL NO. 49� AFL-CIO
(PUBLIC WORRS MAINTENANCE) FOR 1990
WHEREAS, the International Union of Operating Engineers, Local No. 49,
AFL-CIO, as bargaining representative for certain Public Works
Maintenance employees of the City of Fridley, has presented to the City
of Fridley various requests relating to the wages and working conditions
of employees of the Public Works Department of the City of Fridley; and
WHEREAS, the City of Fridley I
representatives of Local 49 various
working conditions of employees of
City of Fridley; and
as presented to the designated
requests relating to the wages and
the Public Works Department of the
WHEREAS, representatives of the Union and the City have met and
negotiated regarding the requests of the Union and the City; and
WHEREAS, agreement has now been reached between representatives of the
two parties on the proposed changes to the existing agreement between
the City and the Union;
NOW, THEREFORE, BE IT RESOLVED by the City of Fridley that such
agreement is hereby ratified and that the Mayor and City Manager are
hereby authorized to sign the attached Labar Agreement including
Appendix A, Appendix B, and Appendix C relating to wages and working
conditions of employees of the City of Fridley Public Works Department.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH DAY OF , 1990
WILLIAM J. NEE - MAYOR
SHIRLEY A. HAPPALA - CITY CLERIi
�
03/21/90
IABOR 1�iGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL-CIO
ARTICLE 1. PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter
called the EMPIAYER, and the Local No. 49, International Union of
Operating Engineers, AFL-CIO, hereinafter called the UNION.
It is the intent and purpose of the AGREEMENT to:
1.1 Establish certain hours, wages and other canditions of
employment;
1.2 Establish procedures for the resolution of disputes concerning
this AGREEMENT'S interpretation and/or application; and
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' agreement upon terms and
conditions of employment for the duration of this AGREEMENT. The
EMPLOYER and the UNION, through the AGREEMENT, continue their
dedication to the highest quality of public service. Both
parties recoqniZe this AGREEMENT as a pledge of this dedication.
ARTICLE II. RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative in a
unit as certified by the Minnesota Bureau of Mediation Services.
ARTICLE III. UNION SECURITY
In recognition of the UNION as the exclusive representative, the
EMPLOYER shall:
3.1 Deduct each payroll period an amount sufficient to provide the
payment of dues established by the UNION from the wages of all
employees authorizing in �riting such deduction, and
3.2 Remit such deduction to the appropriate designated officer of the
UNION.
3.3 The UNION may designate certain employees from the bargaining
unit to act as stewards and shall inform the EMPLOYER in writing
of such choice.
3.4 The UNION agrees to indemnify and hold the EMPLAYER harmless
3C
against any and all claims, suits, orders, or judqments brought
or issu�d against the CZTY under the provisions of this Article.
ARTICLE IV. EMPLOYER SECURITY
The UNION agrees that during the life of this AGREEMENT it will not
cause, encouraqe, participate in or support any strike, 61ow-down or
other interruptrion of or interference with the normal functions of the
EMPIAYER .
ARTZCLE V. EMPLOYER AUTHORITY
5.1 The EMP,`LOYER retains the full and unrestricted riqht to operate
'and man�ge all manpower, facilities, and equipment; to establish
`functio�s and programs; to set and amend budgets; to determine
the utilization of technology; to establish and modify the
organizational structure; to select, direct, and determine the
number of personnel; to establish work schedules and to perform
any inherent managerial function not specifically limited by this
AGREEMENT.
5.2 Any terta and condition of employment not specifically established
or modified by this AGREEMENT shall remain solely within the
discretion of the EMPLOYER to modify, establish, or eliminate.
ARTICLE VI. EMPLOYEE RIGHTS -- GRIEVANCE PROCEDURE
6.1 DEFINI�'ZON OF A GRZEVANCE
A grievance is defined as a dispute or disagreement as to the
interpretat�on or application of the specific terms and conditions of
this AGREEMENT.
6.2 UNION �tEPRESENTATIVES
The EMPLOYER will recognize REPRESENTATIVES designated by the UNION
as the grievance representatives of the bargaining unit having the
duties and responsibilities established by the Article. The UNION
shall notify the EMPLOYER in writing of the names of such UNION
REPRESENTATIVES and of their successors when so designated.
6.3 �ROCES�ING OF A GRIEVANCE
It is recog�ized and accepted by tbe UNION and the EMPLOYER that the
processing of grievances as hereinafter provided is limited by job
duties and responsibilities of the EMPLOYEES and shall therefore be
accomplished during normal working hours only when consistent with
such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and
the UNION REPRESENTATIVE shall be allowed a reasonable amount of time
without los� in pay when a qrievance is investigated and presented to
the EMPLOYER during normal working hours provided that the EMPLOYEE
and the UNION REPRESENTATZVE have notified and received the approval
of the designated supervisor who has determined that such absence is
reasonable and would not be detrimental tc the work proqrams of the
EMPIAYER .
6.4 ROC E
Grievances, s defined by Section 6.1, shall be resolved in conference
with the fol�owing procedure:
Step 1. ;
An EMPLOYEEjclaiming a violation concerning the interpretation or
application�Cf this AGREEMENT sha12, within twenty-one (21) calendar
�ays after s ch alleged violation has occurred, present Buch grievance
to the EMP YEE'S supervisor as desiqnated by the EMPLOYER. The
EMPIAYER-de iqnated representative will discuss and qive an answer to
such Step l;grievance within ten (10) calendar days after receipt.
A grievancefnot resolved in Step 1 and appealed to Step 2 shall be
placed in writing setting forth the nature of the grievance, the facts
on which it`is based, the provision of provisions of the AGREEMENT
alleged2y v olated, and the remedy requested and shall be appealed to
Step 2 with n ten (10) ca2endar days after the EMPLOYER-designated
representat ve's final answer in Step 2. Any grievance not appealed
in writing Eto Step 2 by the UNION within ten (10) days shall be
considered �aived.
Step 2.
If appealed� the written grievance shall be presented by the UNION and
discussed w�ith the EMPLOYER-designated Step 2 representative. The
EMPLOYER-de�ignated representative shall give the UNION the EMPLOYER'S
Step 2 answler in writing within ten (10) calendar days after receipt
of such Ste 2 grievance. A grievance not resolved in Step 2 may be
appealed t� Step 3 within ten (10) calendar days following the
EMPLOYER-de�siqnated representative's final Step 2 answer. Any
grievance r#ot appealed in writing to Step 3 by the UNION within ten
(10) calenc�ar days shall be considered waived.
Step 3.
If appealec�, the written qrievance shall be presented by the UNION and
discussed �ith the EMPLOYER-designated Step 3 representative. The
EMPLAYER-d�signated representative shall give the UNION the EMPLOYER'S
answer in �riting within ten (10) calendar days after receipt of such
Step 3 gri�vance. A qrievance not resolved in Step 3 may be appealed
to Step 4j within ten (10) calendar days following the EMPLOYER-
designated representative's final answer in Step 3. Any qrievance not
appealed i� writing to Step 4 by the UNION �ithin ten (10) calendar
days shall;be considered waived.
�tep 4. '
A qrievan�e unresolved in�Step 3 and appealed in Step 4 shall be
submitted o the Minnesota Bureau of Mediation Services. A grievance
not resol�ed in Step 4 may be appealed to Step 5 within ten (10)
calendar c�ays following the EMPLOYER'S final answer in Step 4. Any
grievance'�nct appealed in writinq to Step 5 by the UNION within ten
(10) caler�dar days shall be considered waived.
�
�L�J
Step 5.
A qrievance �nresolved in Step 4 and appealed in Step 5 shall be
submitted to;�arbitration subject to the provisions of the Public
Employment or Relations Act of 1971, as amended. If the parties
cannot agree�iipon an arbitrator the selection of an arbitrator shall
be made in a�cordance with the NRules Governing the Arbitration of
Grievnnces" aIs established by the Public E�nployment Relations Board.
6.5 aRBITRA�OR'S AUTHORITY
A. The arb
. ignore,
specif i
UNION,
other i
trator shall have no riqht to amend, modify, nullify,
idd to, or subtract from the terms and conditions of this
T. The arbitrator shall consider and decide only the
issue(s) submitted in writing by the EMPLOYER and the
nd shall have no authority to make a decision on any
sue(s) not so submitted.
3E
B. The arb�trator shall be without power to make decisions contrary
to or i consistent with, or modifying or varying in any way the
� applica�ion of laws, rules, or requlations having the force and
effect �f law. The arbitrator's decision shall be submitted in
writingj within thirty (30) days following the close of the
hearing�or the submission of briefs by the parties, whichever be
later, nless the parties agree to an extension. The decision
shall b� binding on both the EMPLOYER and the UNION and shall be
based lely on the arbitrator's interpretation or application
of the �express terms of this AGREEMENT and to the facts of the
grievarr��CCe presented.
c. The feles and expenses fcr the arbitrator's
proceec�ings shall be borne equally by the EMPLOYER
provid�d that each party shall be responsible for
its ow representatives and witnesses. If either
a verbajtim record of the proceedings, it may cause
to be �ade, providing it pays for the record. If
desire�a verbatim record of the proceedings, the
shared�equally.
6.6 WA R
services and
and the UNION
compensating
party desires
such a record
both parties
cost shall be
If a qrievi ce is not presented within limits set forth above, it
shall be co�isidered pwaived". If a grievance is not appealed to the
next step �lithin the specified time limit or any agreed extension
thereof, it shall be considered settled on the basis of the EMPLOYER'S
last answerF If the EMPLOYER does not answer a qrievance or an appeal
thereof wit�in the specified time limits, the UNION may elect to treat
the qrievar�ce as denied at that step and immediately appeal the
qrievance t�o the next step. The time limit in each step may be
extended by! mutual agreement of the EMPLOYER and the UNION.
6.7 CHOIC� OF REMEDY
If, as a r�esult of the EMPIAYER response in Step 4, the grievance
remains un$�esolved, and if the grievance involves the suspension,
demotion, c�r discharge of an employee who has completed the required
probationa�y period, the qrievance may be appealed to Step 5 of
Article VI r a procedure such as: Civil Service, Veteran's 3F
Preference, r Fair Eynployment. If appealed to any procedure other
than Step 5 of Article VI, the qrievance is not subject to the
arbitration rocedure as provided in Step 5 or Article VI. The
aggrieved em loyee shall indicate in writing which procedure is to be
utilized (St p 5 or Article VI or another appeal procedure) and shall
sign a state ent to the effect that the choice of any other hearing
precludes th aggrieved employee from making a subsequent appeal
throuqh Step 5 of Article VI.
ARTICLE VZI.
7.1 ON
The Internat
CIO.
7.2
NITIONS
1 Union of Operating Engineers, Local No. 49, AFL-
The City of �'rid2ey.
7.3
A member of
AFL-CIO.
7.4
A member of
3.5
International Union of Operating Engineers, Local 49,
exclusively recognized bargaining unit.
The Employee s hourly pay rate exclusive of longevity or any other
special allo ance.
7.6
Length of cc
ARTICLE II
classificati
classificati
calculated i
purposes of
service with
7.7
inuous service in any job classifications covered by
RECOGNITION. Employees who are promoted from job
covered by this AGREEMENT and return to a job
covered by the AGREEMENT shall have their seniority
their length of service under this AGREEMENT for
�omotion, transfer _and lay off and total length of
ze EMPIAYER for other benefit under this AGREEMENT.
Payment made �o an employee upon honorable termination of employment.
7.8
Work perform at the express authorization of the EMPLOYER in excess
of either e' ht (8) hours �ithin a twenty-four (24) hour period
(except for hift changes) or more than forty (40) hours within a
seven (7j da period.
7.9
3G
Return of an employee to a specified work site to perform assigned
duties at th express authorization of the EMPIAYER at a time other
than an ass qned shift. �1n extension of or early report to an
assiqned shi t is not a call back.
7.10 AN [Transferred from Local �ddendum, ARTICLE A.]
Compensation for standing by at the City's request, or beinq available
for work on ays that are normally considered to be employee's day
off.
ARTICLE VIII.
The AGREEMENT 9
Minnesota and �
this AGREEMENT
competent juri�
has been taket
voided. Al1 0�
force and effe
request of eit2
ARTICLE IX.
9.1 The sol�
work da
work we
VINGS CLAUSE
subject to the laws of the United States, the State of
ie signed municipality. In the event any provision of
shall be held to be contrary to law by a court of
liction from t�hose final judgement or decree no appeal
within the time provided, such provisions shall be
ier provisions of the AGREEMENT shall continue in full
t. The voided provision may be renegotiated at the
r party.
SCHEDULES
authority in work schedules is the EMPLOYER. The normal
for an employee shall be eight (8) hours. The normal
c shall be forty (40) hours Monday through Friday.
9.2 Service to the public may require the establishment of regular
shifts or some employees on a daily, weekly, seasonal, or annual
basis o her than the normal 8:00-4:30 day. The EMPLOYER will
give se en (7) days advance notice to the employees affected by
the est blishment of work days different from the employee's
normal ight (8) hour work day.
9.3
9.4
In the
circums
sleet,
advance
employe
work mo
an obli�
unusual
Service
�,rork we
event that work is required because of unusual
.ances such as (but not limited to) fire, flood, snow,
�r breakdown of municipal equipment or facilities, no
notice need by qiven. It is not required that an
; working other than the normal workday be scheduled to
�e than the eight (8) hours; however, each employee has
ation to work overtime or call backs if requested unless
circumstances prevent the employee from so working.
to the public may require the establishment of regular
ks that schedule work on Saturdays and/or Sundays.
ARTICLE X. OVE�2TIME PAY
10.1
10.2
Hours w rked in excess of eight (8) hours within a twenty-four
(24) ho r period (except for shift changes) or more than forty
(40) ho rs within a seven (7) day period will be compensated for
at one d one-half (1 1/2) times the employee'6 reqular base pay
rate.
Overtim will be distributed as equally as practicable.
10.3
10.4
Overtim� refused by employees will for record purposes under3H
ARTICLE 10.2 be considered as unpaid overtime worked.
For the purpose of computing overtime compensation, overtime
hours w rked shall not be pyramided, compounded, or paid twice
for the same hours worked.
ARTZCLE XI.
An employee ca
normal schedu2�
hours' pay at �
rate.
ARTICLE XII.
BACK
led in for work
i shift �rill be
ne and one-half
DEFENSE
at a time other
compensated for a
(1 1/2) times the
than the employee's
minimum of two (2)
employee's base pay
12.1 Employe s involved in litigation because of negliqence, iqnorance
of law , non-observance of laws,or as a result of employee
judqmen al decision may not receive legal defense by the
municip lity.
12.2 Any emp
violati
the sc�
perform
supervi
and cou
against
•ARTICLE XIII.
Nothing in thi
EMPIAYER from :
AGREEMENT.
ARTICLE XIV.
14.1 The
oyee who is charqed with a traffic violation, ordinance
n or criminal offense arising from acts performed within
�e of the employee's employment, when such act is
d in good faith and under direct order of the employee's
or, shall be reimbursed for reasonable attorney's fees
t costs actually incurred by such employee in defending
such charge.
GHT OF SUBCONTRACT
AGREEMENT shall prohibit or restrict the right of the
>contracting work perfonaed by employees covered by this
SCIPLZNE
will discipline employees only for just cause.
14.2 An emp oyee(s) will not be required to participate in an
invest' atory interview by the EMPLOYER where the information
gained from the interview cauld lead to the discipline of the
employ (s) unless the employee(s) is qiven the opportunity to
have a hird party present at the interview to act as a witness
for th employee(s).
ARTICI,� XV. S�NIORITY
15.1 Senior�ty will be the determining criterion for transfers,
promotions and lay-offs only when nll job-relevant qualifications
factors are equal.
15.2 Seniority will be the determining criterion for recall when the
job-relevant qualification factors are equal. Recall rights
under this provision wi21 continue for twenty-four (24) months
after lay off. Recalled employees shall have ten (10) working
days after notification of recall by registered mail at the
employee's last known address to report to work or forfeit all 31
recall rights.
ARTICLE XVI. PROBATIONARY PERIODS
16.1 Every newly hired or rehired employee will serve a twelve (12)
month probationary period.
16.2 Every employee will serve a twelve (12) month probationary
period in any job classification in which the employee has not
served a probationary period.
16.3 At any time during the probationary period, a newly hired or
rehired employee may be terminated at the sole discretion of the
'EMPLOYER.
16.4 At any time during
reassigned employee
employee's previous
EMPLOYER.
ARTICLE XVII. SAFETY
the probationary period, a promoted or
may be demoted or reassigned to the
position at the sole discretion of the
The EMPLOYER and the UNION agree to jointly promote safe and healthful
working conditions, to cooperate in safety matters and to encourage
employees to work in a safe manner.
ARTICLE XVIII. JOB POSTING
18.1 The EMPLOYER and the UNION agree that permanent job vacancies
within the designated bargaining unit shall be filled based on
the concept of promotion from within provided that applicants:
18.11 have the necessary qualifications to meet the standards of
the job vacancy; and
18.12 have the ability to perform the duties and responsibilities
of the job vacancy.
18.2 Employees filling a higher job class based on the provisions �f
the ARTICLE shall be subject to the conditions of ARTICLE XVI
(PROBATIONARY PERIOD).
18.3 The EMPLOYER has the right of final decision in the selection of
employees to fill posted jobs based on qualifications, abilities
and experience.
18.4 Job vacancies within the designated bargaining unit will be
posted for five (5) working days so that members of the
bargaining unit can be considered for such vacancies.
ARTICLE XIX. INSURANCE
19.1 The EMPIAYER will contribute up to a maximum of two hundred
twenty-five ($225.00) per month per employee for group health and
life insurance including dependent coverage for calendar year
1990.
19.2 By mutual agreement employees may use fifteen dollars ($15.00) 3J
of the per month per employee of health insurance dollars in 19.1
for dental insurance for all unit employees.
19.3 Employees not choosinq dependent coverage cannot be covered at
EMPLOYER expense for any additional insurance than the individual
qroup health and qroup life insurance. Additional life insurance
can be purchased by employees at the employee's expense to the
extent allowed under the EMPLOYER'S qroup policy.
19.4 Individual employees may provide for an increased EMPLOYER
contribution for insurances over that amount stipulated by 19.1,
19.2 and 19.3 by lowering their salary from the rates stipulated
�in APPENDIX A to provide for an increased EMPLOYER contribution
which will fully pay for the employee's health, life and dental
insurance including dependent coverage.
ARTICLE XX. ANNUAL LEAVE
20.1 Each employee shall be entitled to annual leave away from
employment with pay. Annual leave may be used for scheduled or
emergency absences from employment. Annual leave pay shall be
computed at the regular rate of pay to which such an employee is
entitled; provided, however, that the amount of any compensation
shall be reduced by any payment received by the employee from
workers' compensation insurance, Public Employees Retirement
Association disability insurance, or Social Security disability
insurance. An employee's accumulation of annual leave will be
reduced only by the amount of annual leave for which the employee
receives compensation.
20.2 Seniority shall apply on scheduled annual leave up to May lst of
each year. After May lst, scheduled annual leave shall be on a
first come, first served basis.
20.3 A beginning employee shall nccrue annual leave at the rate of
eighteen (18) days per year for the first seven (7) years (84
successive months). An employee who has worked seven (7) years
(84 successive months) shall accrue annual leave at the rate of
twenty-four (24) days per year, beginning with the eighty-fifth
(85th) month cf successive employment. An employee who has
worked fifteen (15) years (180 successive months) shall accrue
annual leave at the rate of twenty-six (26) days per year,
beqinning with the one hundred eighty-first (181st) month of
consecutive employment. These rates are based on a forty (40)
hour regular work week. The actual amount credited to an
employee in any given pay period shall be prorated according to
the actual number of regular hours worked during that pay period.
Hours worked on overtime, callback, or standby shall not enter
into the ca2cu2ation of the accrual of annual leave.
20.4 For an employee hired on or after July 1, 1983:
The maximum total accumulation of annual leave at the end of any
given year shall be thirty (30) days.
Once a year, at a time designated by the City, an employee who 3K
has completed seven (7) years of service with the City will have
the opportunity to exchanqe up to three (3) days of accumulated
annual leave for cash. At the same time, an employee who has
completed fifteen (15) years of service with the City will have
the opportunity to exchange up to 5 days of accumuZated annual
leave for cash.
20.5 For an employee hired before July 1, 1983:
Vacation accrued but unused as of June 30, 1983 shall be converted to
annua2 leave at the rate of one (1) day of annual leave for one (1)
day of vacation. Accrued but unused sick leave as of June 30, 1983
shall be converted to annual leave according to the following
schedule:
a. lst 45 days @ 1 day of annual leave for 1 day of sick leave
b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave
c. Remainder @ 1 day of annual leave for 3 days of sick leave.
In lieu of severance pay, one hour of annual leave shall be credited
for each full month of employment up to a maximum of two hundred forty
(240) hours.
The total amount of annual leave credited to the employee's balance
as of July 1, 1983 shall be equal to accrued but unused vacation plus
the amount in lieu of severance pay.
If upon conversion to the annual leave plan an employee's accumulation
of annual leave exceeds thirty (30) days, that amount shall be the
maximum total accumulation (cap) for that employee at the end of any
subsequent year.
Once a year, at a time designated by the City, an employee will have
the opportunity to exchange up to five (5) days of accumulated annual
leave for cash.
In addition, once a year at a time designated by the City, an employee
with an accumulation of annual leave in excess of thirty (30) days
will have the opportunity to exchange up to five (5) days of annual
leave for cash. Such an exchange shall reduce the maximum total
accumulation (cap) of an employee by an equal amount.
20.6 Upon separation from employment with the City, an employee will
be paid one (1) day's salary for each day of accrued annual leave
remaining in the employee's balance.
ARTICLE XXI. SHORT-TERM DISABILZTY
2i.1 Each emp2oyee who has successfully completed the employee's
probationary period shall be eligible for short term disability
benefit. Such an �employee shall be entitled to full pay
commencing on the twenty-first (21st) consecutive working day on
which the employee is absent due to a physician-certified illness
or injury, whether on or off the job, and continuing until the
employee returns to work able to carry out the full duties and
responsibilities of the employee's position or through the one
hundred and tenth (110th) working day of absence, whichever3L
occurs first; provided, however, that the amount of any
compensation shall be reduced by any payment received by the
disabled employee from workers' compensation insurance, Public
Employees Retirement �ssociation disability insurance, or Social
Security disability insurance. Payment of short term disability
benefit by the City to an employee shall not exceed ninety (90)
workinq days for any single illness or injury, regardless of the
number and spacing of episcdes. The annual leave balance of an
employee receivinq short term disability benefits shall not be
reduced, nor shall such employee accrue annual leave during that
period.
21.2 �Before any short term disability payments are made by the City
•to an employee, the City may request and is entitled to receive
from any employee who has been absent more than twenty (20)
working days in succession a certificate siqned by a competent
physician or other medical attendant certifying to the fact that
the entire absence was, in fact, due to the illness or injury and
not otherwise. The City also reserves the right to have an
examination made at any time of any employee claiming payment
under the short term disability benefit. Such examination may
be made on behalf of the City by any competent person designated
by the City when the City deems the same to be reasonably
necessary to verify the illness or injury claimed.
21.3 If an employee hired before July 1, 1983 has received payments
under the injury-on-duty provisions of previous contracts, the
number of days for which payment was received will be deducted
from the number of days of eligibility for coverage under short
term disability for that same injury.
ARTICLE XXII. STANDBY PAY AND MINIMUM CALLBACK FOR STANDBY EMPLOYEES
22.1 Employees who are designated by the City Manager to serve in a
"standby" status on behalf of the City on a Saturday, Sunday or
Holiday will receive as compensation for such service as
"standby" two (2) hours of overtime pay for each day served in
such status.
22.2 Employees required to "standby" during the week will receive as
compensation for such service four (4) hours pay at the overtime
rate.
22.3 If on any such day the Employee on "standby" shall actually
perform work for the City, the Employee shall be entitled to
compensation for each hour or portion thereof actually worked at
the overtime rate of pay, which shall be in addition to the
standby pay.
22.4 An Employee who is on standby and is called out to perform work
shall be paid a minimum of one (1) hour overtime for performing
such work.
I
ARTICLE XXIII. EMPLOYEE EDUCATION PROGRAM `;M
23.1 The City will pay tuition costs for training courses relevant to
the Employee�s present or anticipated career responsibilities at
City-approved institutions. The City will pay fifty percent
(50$) of the cost of tuition in advance and the Employee wi11 pay
the other fifty percent (50$). The Employee will be required to
present to his Department Head a certification of satisfactory
taork when the course is completed.
a. Courses issuing a letter grade: a"C" or above is required.
b. Courses issuing a numerical qrade: a �0 percent qrade is
required.
c. Courses not issuing a grade: A certification from the instructor
certifying that the student has satisfactorily participated in
the activities cf the courses is required.
23.2 If the Employee satisfactorily completes the course, the Employee
will be reimbursed for the additional fifty percent (50$) of the
tuition. The City will not reimburse the Employee for fees which
are charged for instruction, associated administrative expense,
books, student membership, student health coverage and other
charges for which the student receives some item or service.
23.3 The City will not reimburse the Employee for expenses reimbursed
under some other education system or program, e.g. G.I. Bill.
ARTICLE XXIV. FUNERAL PAY
In case of death occurring in the immediate family of an Employee, such
an Employee may be excused from work for up to three (3) days with
additional time off granted by the City Manager if additional time is
needed. This time off shall not subject the Employee to loss of pay.
For this purpose, members of the immediate family of the Employee are
considered to be the following: spouse, child (Natural or adopted),
parent, grandparent, brother, sister, mother-in-law or father-in-law.
ARTICLE XXV. JURY PAY AND WZTNESS FEES
An Employee who has been duZy summoned for jury duty in any court, or
who has been duly summoned as a witness in any proceeding, shall be
excused from work in accordance therewith. Such employee shall be
entitled to receive as pay a sum of money equal to the difference
between what the Emplvyee received as compensation for such jury duty
or witness fees, and the Employee�s regular pay.
ARTICLE XXVI. MILITARY LEAVE
Any Employee absent from work in accordance with the order of a duly
established military authority shall receive pay and compensation during
such absence as is provided by State Law..
ARTICLE XXVII. INCENTIVE PAY (LONGEVITY)
Incentive Pay will be paid over and above the base rate of pay for
employees permanently hired prior to March 31, 1973 according to the 3N
following schedule:
After 5 years of Service:
After 10 years of Service:
After 15 years of Service:
2-1/2$ of base salary rounded to the
nearest dollar amount
5$ of base salary rounded to the nearest
dollar amount.
7-1/2� of base salary rounded to the
nearest dollar amount.
The City of Fridley has aqreed to pay incentive pay to Employees hired
prior to March 31, 1973, in recognition of their prior service and
contribution to the City of Fridley. Neither the City nor the UNION
will attempt to take away longevity or incentive pay for those persons
hired prior to March 31, 1973, in future contracts. The amount of
incentive pay for eliqible Emplcyees will be negotiated for the affected
Employees.
ARTICLE XXVIII. HOLIDAYS
The EMPIAYER will provide eleven (11) paid holidays.
ARTICLE XXIX. UNIFORMS
The City of Fridley will furnish uniforms to Employees of the bargaining
unit free of charge to the Employee. The City reserves the right to
select the type of uniform to be furnished. The City will aqree to
furnish rain equipment and special safety equipment for all Employees.
ARTZCLE XXX. REPRESENTATIVE ON AREA WIDE NEGOTIATIONS
If the UNION chooses to use one of the personnel from the Fridley work
force as a representative on the area wide bargaining unit for more than
one year in three, Local No. 49 will pay the salary of such Employee for
the second year for the time spent on area wide negotiations. The
purpose is to spread the cost of such negotiation among the several
communities involved in joint negctiations.
ARTICLE XXXI. INSURANCE
The City will provide group term life insurance with a
$10,000 per Employee, and also will provide additional AD &
with a maximum of $10,000 per Employee. Provided that the
cost for a1Z insurance does not exceed the nmount set forth
XIX.
ARTICLE XXXII. WAIVER
maximum of
D Insurance
total City
in ARTICLE
32.1 Any and all prior agreements, resolutions, practices, policies,
rules and regulations regarding terms and conditions of
emp2oyment, to the extent inconsistent this the provisions of
this AGREEMENT, are hereby superseded.
32.2 The parties mutually acknowledge that during the negotiations
which resulted in this AGREEMENT, each had the unlimited right
and opportunity to make demands and proposals with respect to any3O
term or condition of employment not removed by law from
bargaining. 1�11 aqreements and understandings arrived at by the
parties are aet forth in writing in this AGREEMENT for the
stipulated duration of the �►GREEMENT. The EMPIAYER and the UNION
each voluntarily and unqualifiedly aaives the riqht to meet and
negotiate regarding any and all terms and conditions of
employment referred to or covered in this 1�►GREEMENT or with
respect to any term or condition of employment not specifically
referred to or covered by this AGREEMENT, even thouqh such terms
or conditions may not have been within the knowledge or
contemplation of either or both of the parties at the time this
contract was negotiated or executed.
ARTICLE XXXIII. DURATION
The AGREEMENT shall be effective as of January 1, 1990 and shall remain
in full force and effect until the 31st day of December, 1990.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on
this day of , 1990.
FOR THE INTERNATIONAL UNION OF
FOR THE CITY OF FRIDLEY
William J. Nee, Mayor
William W. Burns, City Manager
tary
. �:}.�••.i,�
i�II�GFS 1990
For �lvyees hired o� p�amorte�d an or after Jain�ary l, 1990
,pSW-A.1
PSW-A. 2
A�lic Se=vioss lbrk�er (P61�
0
After one (1) year of
satisfactozy perfozmanoe
in PSW-A classificatioaz
PSW-B.1 After two (2) years of
satisfactory perfornar�oe
in PSW A classification
aT]d 8C3]iev@i1ellt Of m i n i tn m+
C;Udl lf 1C3tlOI1S
PSW-B.2 After acre (1) y�ar of
satisfactoYy perfoneanoe
in PSW-B classificaticn
pSW� After two (2) years of
satisfactory perforaranoe
in PSW-B classificati�
21T]Cl dC��1HV@i12Tlt Of miniman
C�l]dllf 1Cdtl0�
PSW-D After five (5) years of
satisfactoYy performanoe
ard adzievezne�t of mininaan
qualifications
Hwrlv Rate
$9.62
$10.34
$11.07
$11.79
$12.52
$13.24
04/24/90
3P
to the npxt ste� will oocur at the n�xt zregular pay pex'iod follvwing satisfactory
oa�letioa� of the time of sezvioe requiremerYt ar�d achievement of m?*►i� qualifications, if
Pertinent•
..- .
Fbr eq�loyees hired before JansaYy 1, 1990
1989
Ciassiiicatian
Maintenanoe I
Mait�tenazyoe I
Maintenanoe I
Mainter�toe I
1990
�lassificaticm
with l�s than ane (1) year PSW-A.1
of servioe in Mfaint��ar�oe I
classificatiaa�►
with mc�re than one (1) but PSW-A.2
less tiLan two years of
servioe in Mai��ar�oe I
classification
with mc�re than twn (2) years PSW-B.1
of servioe but less than
thre�e years of sexvioe in
Mai�anoe I classificatioaz
with thr+ee (3) or more years PSW-B.2
of sesvive in Maintrenanoe I
classification
04/24/90
3Q
1490
Aaurlv Rate
$ 9.62
$10.34
$11.07
$11.79
Pi�vvided that the oa�ensation for regular hours paid in 1990 to the five (5)
e�loyees who were in the Ma� I classificati� as of Deoenber 31, 1989,
shall be at least faur peroe� (4.0�) gz�eater than the actual va�er�sation for
regular iiwrs worked in 1989. If the va�LSatica'i for regular hwrs w�'�rked in
1990 is less than fa�r peropstt ai�we the va��satioaz for regular hairs t►�rked
in 1989, ar�d if the euplayee is e�loyed througtvout the entire year, the e�lvyee
shall z�eoeive a limp stimm gaymei�t for the differes�oe with the last ciieck for
cale.ridar year 1990. If an eligi.ble e�loyee leaves a�lvyment of the City of
Fridley prior to Deoa�er 31, 1990, r�o 1� aaa paymesYt shall be made. Zhis
prwisioai of the I�r Agre�nent betw�e.n the FI�'IDYF�t ar�d the UtJIC1�1 applies only
to the five (5) etplayees fonn�xly in the Mainte�ar�oe I classification and only
to oa�e.nsation for regular ix�urs in 1990. It does not apply to ar►y ather
foimer, presP�t, or future e�loyees, and it does rro�t apply to oa�zsation for
wertime hours or benefits. For p�u�poses of calculatiur3 the 1� s�nn paymerit
at the ea�ci of the year the II�IOYgt ar�d the LINIotd aqrae that the follvwir�g
amo«ts canstitute a faur pe.roent (4.0$) it�cr+ea_�e cver the am�mt paid for
Z�egular halrs in 1989:
David Jen�en
Kory Joz�en
C,�eg Kottsick
Mici�ael Qave.s
Rabert S�aall
$25,990.00
$21,435.00
$24,820.00
$25,550.00
$23,890.00
Mairite.nat�oe II PSW� 512.96
i � Apper�di.x A
page 3
1989
Classification
Specialist
Majntenarroe III
�lscbanic
1990
Classification
PSW-D
For eaq�layees hired or prQn�ted an or after Jar�uary l, 1990.
Level
A
B
Hourlv i�te
$ 12.52
$ 13.50
PSW-D
04/24/90
3R
1990
Aovrly Rate
$13.24
$13.50
Empivyees hired before Jarruazy 1, 1990, who w�ere in the Specialist classification on D�ber
31,� 1989, shall be classifiecl as Me�anic, Level A ar�d paid $13.24 per hwr in 1990.
F�lvye�s hired before JarYUazy 1, 1990, who w�ere in the Maintenanne IZI classification on
Deoeznber 31, 1989, shall be classified as Meci�aruC, Level B azrl paid $13.50 per hour in 1990.
3S
04/24/90
aPPENDZZ B
PIIBLIC wOR1C8 1�71I�1T8I�D�2�1C8
I[ZI�TZKQM itEQIIZREKE2dT8 1990
Public 8�rvic�s work�r iwv�l 7► Minisum A�quir�m�nts
Hiqh School Diploma, GED or equivalent.
Valid Minnesota Class B Driver's License.
Successful completion of City's physical examination including drug
testing, if required.
Ability to read, understand, and fol2ow written and oral
instructions, including safety rules.
Ability to meet the physical demands of the job including but not
limited to lifting, bending, climbinq, reaching overhead, pushing
and pulling.
Ability to perform job responsibilities in climactic extremes.
Ability to perform routine repair and maintenance tasks in one or
more of the following sections: Streets, Parks, Sewer, Water,
Vehicle Maintenance.
Ability to work cooperatively as a member of a crew or team.
3T
04/24/90
pubiie 6�rvic�s Rorker L�vsl B 1[ini�um Asquirsments
Meets or exceeds all the �inimum requirements of Public Services
Worker Level A
Completion of two (2) years of experience at Level A
Minnesota Class B driver's license or appropriate Commercial
Driver's License
Successful completion of all applicable City safety and hazardous
materials training
Safe work practices and safe driving record
Adherence to City's policies in regard to tardiness and sick leave
Adherence to all other policies and procedures for City employees
Ability to deal effectively and tactfully with the public
Good knowledge of location of streets and public facilities
Working knowledge of fundamental job duties
CERTIFICl�TION:
For Streets Workers: Ability to use ncn-motorized and small engine
types of eqvipment in area of job responsibilities
For Parks Workers: Minnesota Non-Commercial Pesticide/Herbicide
Applicator License/Certificate
For Sewer Workers:
For Water Workers:
Certificate
Class S-D Waste Water Operator's Certificate
Class D Water Supply System Operator's
For Mechanic's Helper: Demonstrated ability in the repair of small
engines and routine vehicle maintenance
04/24/90
Public Barvices �lorker Levsl C Kinimum Requirements
Meets or exceeds all the minimum requirements of Public Services
Worker Level B
Completion of two (2) years of experience at Level B
Ability to wcrk with minimum amount of on-site supervision
Good )cnowledge of all operations, preventive maintenance and
routine repair of equipment operated in area of job responsibility
Enrollment in a Public Works Certificate Program or other program
related to public works maintenance offered by a technical college
or community college with successful completion of one quarter of
course work (at least 16 quarter credits)
Good knowledge of inethods and materials used in area of job
responsibility
CERTZFICATZON:
For Streets Workers: Completion of course work (at least three (3)
quarter credits), in-service training, or certification in one (1)
or more areas including but not limited to the following areas:
bituminous technoingy and repair, liqht equipment operation, tree
trimming, traffic control, asphalt testing, sign making, pavement
marking, snow removal
For Parks Workers: In addition to Minnesota Non-Commercial
Pesticide/Herbicide Applicator License/Certificate, successful
completion of a course at a technical college (at least 3 quarter
credits) or other certification designated by the City after
consultation with Local 49 in one (1) or more areas including but
not limited to the following: landscaping, irrigation, entomology,
forestry, turf maintenance, building maintenance and construction,
concrete finishing� and surveying
For Sewer Workers:
For Water Workers:
Certif icate
Class S-C Waste Water Operator's Certificate
Class C Water Supply System Operator's
3U
3V
04/24/90
Public Bervic�s work�r I.�v�l D 1[inimum Rsquir�m�nts
Meets or exceeds all the minimum requirements of Public Services
Worker Level C
Completion of one (1) year of experience at Level C
Completion of a Public works Certificate Program or other program
related to public works maintenance offered by a technical college
or community college with successful completion of three (3)
quarters of course work (at least 48 quarter credits�, provided
that, during 1990 only, this requirement is waived for employees
in the Maintenance II classification on December 31, 1989, upon
achievement of ten years of service in the Public Works Maintenance
Division of the City
Ability to work withcut direct on-site supervision and to make on-
site decisions related to task assiqnments
Broad knowledge of operational aspects of public works maintenance
department/division
CERTIFICATION:
For Streets Workers: Successful completion of a certified heavy
equipment training program or equivalent training and experience,
and completion of course work (at least three (3) quarter credits),
in-service training, or certification in two (2) or more areas
including but not limited to the following areas: bituminous
technology and repair, tree trimming, traffic control, asphalt
testing, sign making, pavement marking, snow removal, and basic
carpentry.
For Parks Workers: In addition to Minnesota Non-Commercial
Pesticide/Herbicide Applicator License/Certificate, successful
completion of a course at a technical college (at least 3 quarter
credits) or other certification designated by the City after
consultation with Local 49 in three (3) or more areas including but
not limited to the followinq: landscaping, irrigation, entomology,
forestry, turf maintenance, building maintenance and construction,
concrete finishing, and surveying
For Sewer Workers: Class S-B Waste Water Operator's Certificate
For Water Workers: Class B Water Supply System Operator's
Certificate
�PPS�TDIZ C
PIIBLIC wOR1CB �IZITENliNCE
I�IZNIKIIl�t REQIIIREMENTB 1990
xecbanic
L�vsl !�
03/21/90
3W
High school diploma, GED, or equivalent.
Valid Minnesota Class B Driver's License or appropriate Commercial
Driver's License.
Successful completion of City's physical examination including drug
testing, if required. -
Ability to read, understand, and follow written and oral
instructions, including safety rules.
Ability to meet the physical demands of the job including but not
limited to lifting, bending, climbing, reaching overhead, pushing,
and pulling.
Course work or experience in diesel mechanics.
Experience in electric and qas welding.
Two (2) years of applicable experience in auto and/or diesel
maintenance and repair with a variety of liqht and heavy equipment.
One (1) year of techn�cal college course work (51 quarter credits)
in auto or diesel mechanics or certification as a Master Automotive
Technician by the National Institute for Automotive Service
Excellence. One additional year of applicable experience can be
substituted for up to seventeen (17j quarter credits.
Levsl B
Meets or exceeds all the minimum requirements of Level A.
Three (3) years �f applicable experience in auto and/or diesel
maintenance and repair with a variety of light and heavy equipment
or one (1) year experience as Mechanic, Level A, with the City of
Fridley. .
One (1) year of technical college course work (51 quarter credits)
in auto or diesel mechanics or certification as a Master Automotive
Technician by the National Institute for Automotive Service
Excellence.
�7
CITY OF FRIDLEY
pLANNING COMMZSSION l�E$TING, 11PRZL 25, 1990
�1r.rw.w.r.r n. r �. r�.w...r�..�..►w. �.ww.�.w..�.rwww.w��.w.��rw.�►�r�►ww.w.�rwrw.�rw. �.www.�.�..�.�•w.�.w.w.�..�.►ra...
f�ALL TO ORDER •
Chairperson Betzold called the April 25, 1990, Planning Commission
meeting to order at 7:30 p.m.
ROLL CALL•
Members Present: Don Betzold, Dave Kondrick, Dean Saba,
Sue Sherek, Paul Dahlberg
Members Absent: Alex Barna
Others Present: Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Jock Robertson, Community Development Director
Leon Madsen, City Assessor
William Burns, City Manager
Steve Billings, Councilmember
Tom Schuette, UCD
Scott Erickson, UCD
Dave Koski, Barton-Aschman Associates
Kate Kemper, 7857 Alden Way N.E.
Phyllis Forsberg, 1404 West Danube Road
Roger and Myra Hanson, 6065 Central Avenue N.E.
(See attached lists)
APP OVAL OF APRIL 11 1990 PLANNING COMMISSION MINUTES:
MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the April
11, 1990, Planning Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLY.
1. PUBLIC HEARING CONSIDERATION OF A REZONING ZOA #90-02,_BY
URBAN COMMERCIAL DEVELOPERS AND FRIDLEY TOWN S UARE
ASSOCIATES:
To rezone three separate parcels as follows: Lot 9, Block 2,
Rice Creek Terrace Plat 1 from R-1, Single Family Dwelling,
to S-2, Redevelopment District, the same being 355 Mississippi
Street N.E.; AND Lot 12, Block 3, Rice Creek Terrace Plat 2
from R-1, 5ingle Family Dwelling, to S-2, Redevelopment
District, the same being 368 - 66th Avenue N.E.; AND Lots 10,
11, and 12, Block 2, Rice Creek Terrace Plat 1, except the
South 30 feet thereof, according to the recorded plat thereof
4A
pLANNING COMMISSION l�EETING, �PRIL 25. 199Q PAGE 2
on file and of record in the office of the County Recorder,
Anoka County, Minnesota, and Lots 13, 14, 15, and 16, Block
3, Rice Creek Terrace Plat 2, according to the recorded plat
thereof one file and of record in the office of the County
Recorder, Anoka County, Minnesota, from R-1, Single Family
Dwelling, and C-1, Local Business, to S-2, Redevelopment
District, the same being 6525 University Avenue N.E.
OM TION by Mr. Kondrick, seconded by Ms. Sherek, to waive the
reading and open the public hearing.
�PON A VOICE VOTE, ALL VOTING 11YE, CHAIRPERBON BETZOLD DECLARED
THE MOTION CARRIED IINANIMODBLY l,ND TIIE PIIBLIC HEARING OPEN AT 7:35
P.M. �
Ms. Dacy stated this item was originally scheduled for the March
14, 1990, Planning Commission meeting; however, two primary
concerns were identified by the neighbors at the two neighborhood
meetings, and by members of the HRA and the City Council. Those
two concerns are: (1) The use itself--the proposed rezoning; and
(2) Traffic issues.
Ms. Dacy stated the vacant single family lots north of the 10,000
Auto Parts building and the two single family homes to the east of
the 10,000 Auto Parts building are zoned R-1, Single Family. The
10,000 Auto Parts building and property is zoned C-1, Local
- Business. The rezoning request is to rezone all those parcels to
S-2, Redevelopment` District, in order to construct a one-story
28,000 sq. ft. retail building. The S-2 district is a district
for redevelopment projects and permits site plan flexibility for
a redevelopment project. If the Council approves the rezoning, the
Council's approval is based on a specific site plan.
Mr. Robertson stated Center City Redevelopment District, which was
adopted in 1979, is one of several in the City of Fridley. In
1979, the City Council made findings that there were severe traffic
and safety problems with the existing layout of the entire
district, that the land north of 10,000 Auto Parts had not been
intensely developed because of severe access and traffic problems,
small land area, and the location of abutting single family area.
The Redevelopment Plan noted that the land area had several
proposals for redevelopment, but because of the traffic problems
and small land area and location, each application has been denied.
Mr. Robertson stated that since 1979, the Fridley Office Plaza,
Target Northwest Operations Center, and the Fridley Plaza Clinic
have been constructed. There was also the renovation and expansion
of the Holly Shopping Center. However, this original 2.4 acre site
has remained essentially the same before 1979 due to the land
ownership patterns and the traffic patterns that prevented any
redevelopment of the site. In the meantime, the County has
purchased access easements on this parcel, and the Minnesota
4B
pj,��NNiNG C�t�7BStON ItEETIN(�. �PRIL 25. 1990 _PAGE 3
Highway Department has purchased access easements on University
Avenue.
Mr. Robertson stated that in an attempt to develop this
intersection in accordance with the proposed plan, the HRA
considered the impact of this particular redevelopment proposal on
other potential redevelopment in the southwest quadrant.
Mr. Robertson stated that at the April 18, 1990, meetinq, the HRA
concluded that for both of these proposals it would be appropriate
for some mixed use of residential office and retail. The HRA
concluded that if there were commercial development on this corner,
there would probably still be a mixed use on the 10 acre southwest
corner, but there would tend to be less retail and a higher
proportion of office or residential in the southwest quadrant. At
the conclusion of the meeting on April 18, the HRA recommended
approval of the UCD redevelopment plan based on the site plan for
this parcel.
Mr. Robertson stated the HRA discussed the question that was raised
earlier about how the proposed retail facility would affect
existing retail in the area. The developer presented their view
based on their experience. Essentially, this is a situation where
there has been no retail development, with the exception of the
small expansion of the Holly Center, in this area for 30-40 years.
In the meantime, the City has grown in this area. When the
southwest quadrant is developed, there may be less retail in the
future, because the retail that is there may be displaced by other
office or housing uses.
Mr. Robertson stated Walgreen is the proposed anchor tenant, using
11,000 sq. ft. of the 28,000 sq. ft. The remaining 17,000 sq. ft.
will be added to the retail stock of the City. Staff believes this
is a relatively small amount of retail to add to the existing stock
of retail centers.
Mr. Robertson stated the HRA found the redevelopment proposal
primarily intended to serve both as a neighborhood facility and to
take advantage of the existinq traffic on University Avenue. The
petitioners feel this facility will not significantly compete with
the other shopping center that is nearing completion at Moore Lake
Cammons.
Mr. Robertson stated HR.A Chairperson Larry Commers noted that the
proposed project is a modern facility which may attract existing
tenants from other less desirable centers around the area. Another
existing center in the Center City Redevelopment Area is Moon
Plaza, which is probably at the end of both its functional and
design life.
Mr. Robertson stated the HRA approved this particular redevelopment
plan. They recommended staff initiate preparation of a pay-as-you-
4C
pi�A�"dING COMMISSION KEETING. 11PRIL 25. 1990 �AGE �
go tax increment f inancing to the proj ect in which the proj ect will
be assisted with approximately $300,000 that will essentially come
from the taxes that the project pays after it is completed. There
is no up-front money and essentially no risk to the public for
financing. The purpose of the financing is to assist in the
assembling of the various pieces of land and to write down those
land costs so that the land costs of this project are comparable
to other existing open sites. The differential in the taxes that
would be paid on this site compared to what are paid now is in the
neiqhborhood of a 4 or 5 to 1 ratio. The taxes that are presently
paid on this proposed site are approximately $17,500, payable 1990
taxes. The most minimum tax revenue, using the worst case
approach, the income approach based on the rents of competing
retail centers in the area, indicate there would be a minimum of
$84,000 a year.
Ms. Dacy stated that despite the fact that the S-2 district does
not stipulate any setbacks, staff approached the site design
analysis to try to accomplish as much of the standards as would be
typically required if this was a vacant piece of property and the
entire property was zoned C-1. There are only two instances where
the site plan does not meet those standards. (1) The buildinq on
the University Avenue side has a setback of 30 feet instead of the
required 35 feet; (2) Typically, parking lots have to be set back
20 feet from the public right-of-way. Along Mississippi and 66th
Avenue, the setback is 15 feet, and along University Avenue, the
setback is 5 feet. However, the proposed application does meet the
screening standards required by ordinance, which is a 15 foot
planting strip with some type of 6 foot screen, either a fence or
dense vegetation. In this case, the petitioner is proposing a 6
foot masonry wall matching the exterior of the building to be
located along 66th Avenue and then along the east lot line
separating the development from the two single family homes to the
east. Around the wall will be plantings of Boston ivy and lilac
bushes (5 ft.�. She stated that staff is recommending six
additional Linden trees along 66th Avenue.
Ms. Dacy stated that as far as the LRT issue, the Commission
members had received a copy of a letter from Tim Yantos, of the
Anoka County Regional Rail Authority, who notes that this site is
part of the LRT design system plan. In the letter, Mr. Yantos
related the following: (1) If this site were to be developed, the
initial phase for LRT use would be that Mississippi Street would
have a special bus drop-off located near the intersection and that
the site would, in effect, operate as a"kiss and ride" as opposed
to a"park and ride"; (2) If it is determined that the demand in
this area warrants it, Mr. Yantos is requesting that an easement
be reserved along Mississippi to install additional 30 parking
spaces for a small park and ride facility; (3) As a final phase,
if demand warrants it and as a long term option, the County would
be looking at acquiring homes on the north side of the development
on the north side of 66th as well as 67th for a park and ride
4D
�LANNING COl�[MISSION 1dEETING. �PRIL 25, 1990 PAGE 5
facility. Access to the park and ride facility would be from the
driveway into the development, and the driveway would have to be
widened in the northeast corner of the site. At this time, there
is no indication that there would be any direct access from the
park and ride to the neighborhood, nor would staff recommend that.
Ms. Dacy stated she would like to introduce Dave Koski, Barton-
Aschman Associates, whose office conducted the traffic impact
analysis from this development onto the existing roads, as well as
the 'impact onto Mississippi and University Avenue after Anoka
County's proposed improvement project. Both Mr. Koski's staff and
City staff conducted traffic counts durinq various times during the
last month to determine the existing traffic conditions.
Mr. Dave Koski stated they conducted observations of all turning
movement traffic count on the afternoon of April 10, 1990. They
wanted to test the worst case during the P.M. peak hour which is
basically from 4:30 p.m. to 5:30 p.m. Next they wanted to
determine what kind of traffic this development would generate.
They have conducted surveys of centers similar to this throughout
the metropolitan area. In addition, the Institute of Traffic
Engineers has collected data on traffic geneYation by various size
developments around the country.
Mr. Koski stated that using a combination of their own traffic
generation figures plus nation-wide statistics, they calculated
what they thought would be the traffic generation and the entry
and exit volumes for this center during the P.M. peak hours.
Mr. Koski stated that in both cases with the existing traffic
conditions, they came up with a level of service D. Traffic level
of service is rated on a scale from A(perfect) to F(failure), C
is average, and D is considered acceptable. Level of service D
really means that all the traffic clears the traffic signal phasing
in each cycle. Level D is not perfect. It means if there is
something that goes wrong (snowfall, accident, etc.), there can be
intermediate congestion at times. The existing level of service
at the University/Mississippi is level D, ar►d with the added
traffic from the shopping center, the level of service remains at
D. The volume of traffic doesn't have much impact on traffic
operations at this intersection.
Mr. Koski stated they wanted to know how the eastbound left turn
from Mississippi Street into the shopping center could work. They
were interested in the longest backup of traffic to enter the site
during the peak hour period with the existing traffic plus the
shopping center traffic. The calculations indicate that the
longest backup within that P.M. peak hour period would be about 280
feet. The distance from University Avenue to the driveway of the
shopping center will be 340 feet. They found there would be
sufficient gaps in the Mississippi Street traffic to allow the
eastbound left turn in to operate basically a level service A.
4E
�LANNING COMMISSION l�EETING, �PRIL 25, 1990 PAGE 6
They do not see any problem with the left turning movement into the
site with the existing street configuration. That will be improved
somewhat with the improvements proposed by Anoka County for
Mississippi Street.
Mr. Koski stated, similarly, the left turn out of the site on
eastbound Mississippi Street seems to work alright. If there is
any backup that occurs at all, it would be within the shopping
center site waiting to turn left. They calculated that backup at
the peak period to be about three vehicles.
Mr. Koski stated they also looked at the intersection at 5th Street
and Mississippi. They determined there would be some delay, but
it would not be significant and really doesn't have any impact over
what exists today.
Mr. Koski stated Barton-Aschman's conclusions were that, assuming
the worst case scenario, of all the traffic being new traffic
during the P.M. peak hour, that the impact of the entry and exit
operation into the shopping center would not have significant
impact on the University/Mississippi intersection traffic
operations, and that Mississippi Street is able to accommodate the
left turn into the site from eastbound traffic without little or
no impact on Mississippi Street.
Mr. Dahlberg stated that even though the traffic report does not
take into consideration potentially added traffic due to the LRT
in the future, could Mr. Koski make a guesstimate as to whether or
not that impact would adversely affect the level of service D
rating on this intersection, taking into account that there are
smaller vehicles as well as buses.
Mr. Koski stated the LRT is obviously going to have an impact.
They did not consider the LRt in their findings. They did review
with the consultant some of their ideas as to what the amount of
traffic might be. At this point in time, the consultant has a wide
range of figures as to how many people might park and what the
entry and exit movements might be during the peak hour. Total
entry and exit traffic could be as high as what they calculated for
the shopping center itself. However, they think it is mitigated
by the fact that P.M. peak hours would mostly be exiting traffic
and would be later than the 4:30 - 5:30 p.m. peak hour.
A video tape presentation was shown facing west on Mississippi
Street toward the University/Mississippi intersection. The video
tape was filmed on Monday, April 23, 1990.
Mr. Leon Madsen, City Assessor, stated he was asked to make
comments on the Assessing Department's reactions on this rezoning.
He stated there are two criteria they use to determine what to do
in a situation like this. They first need to look at the accepted
appraisal practice. That practice says that if an informed buyer
4F
PLANNING COKMISBION KEETING. �FRIL 25. 1990 PAGE 7
has the choice of two identical properties, one next to commercial
and the other within a compatible neighborhood, the buyer will more
than likely choose the property located in the compatible
neighborhood, if the price is the same.
Mr. Madsen stated the other process is a practice they have
followed in past years. Throughout the City in locations similar
to this, they have consistently placed a lower value on the
properties that abut or are located directly across from commercial
development or commercially zoned property. In this particular
case, if the rezoning takes place within the area marked, the City
will probably reduce the property values of the properties that
abut the 10,000 Auto Parts property.
Mr. Madsen stated that properties that back up to Holly Shopping
Center have property values about $2,500 lower than those homes
across the street. These neighborhoods are quite similar, and the
property values are similar. The City is looking at a reduction
of approximately $2,500 in property values for the three properties
and one property facing 66th Avenue to the east of the proposed
development, if the rezoning goes through.
Mr. Betzold stated that if the County changed its position and
decided this property would be ideal for a park and ride, and the
entire property became a parking lot, what kind of tax base would
there be?
Mr. Madsen stated he had not done any analysis of that scenario.
There is no other similar situation in Fridley. There are other
park and ride facilities throughout the Twin Cities, but he would
hesitate to make any kind of projection at this time.
Mr. Dahlberg asked if the assessed value of those six residential
properties decrease the same amount, more, or less intuitively if
this was a park and ride lot rather than a retail center.
Mr. Madsen stated that, again, he has not studied that scenario at
this time; however, it might be appropriate to do so.
Ms. Dacy stated that given the recommendation of the HRA that this
project is compatible with the redevelopment plans for Center City,
because of the positive conclusion from the traffic analysis, and
because the proposed site design meets a majority of the City's
standards and screening requirements, staff recommends the Planning
Commission approve the rezoning request from C-1 and R-1 to C-2,
Redevelopment District, subject to the following stipulations:
l. The development shall be constructed in accordance with
site plan dated� March 8, 1990, as represented in ZOA #90-
02.
0
�LANNING COIrII+iZ88ION MEETING, l�IPRIL 25. 1990 PAGE 8
2. The landscaping plan shall be revised to include:
a. six American Lindens along the north lot line;
b. Honey Locust trees shall be replaced by Hackberry
trees;
c. Annabel Hydrangea species shall be replaced with
rosa rugose.
3. The petitioner shall pay park dedication fees prior to
issuance of the building permit.
4. Storm water management calculations shall be submitted
prior to issuance of the building permit.
5. All rooftop equipment shall be screened from view from
the public right-of-ways.
6. The petitioner shall obtain development contract approval
from the HRA.
7. The petitioner shall execute a maintenance agreement for
the landscaping and parking areas.
8. No automotive service uses, car sales, or other outdoor
repair/display uses shall be permitted.
9. The City shall have the right to review each use within
the center to determine whether or not it is consistent
with the intent of the Center City Redevelopment Plan.
10. The site plan shall be revised to provide one 18 foot
entrance lane and two 12 foot exit lanes.
11. Shared parking and access easements shall be provided on
the property for LRT kiss-and-ride traffic, and
specifically along the east and south lot lines.
12. All lighting shall be shielded such that the glare does
not adversely affect residential properties.
13. All parking and driving areas shall be lined with
concrete curb.
14. All dumpsters shall be screened in accordance with the
City's ordinance.
15. Underground irrigation shall be provided to landscaped
areas.
4G
4H
�LANNING COMMISSION ![EETING. �PRIL 25, 1990 PAGE 9
16. A comprehensive sign plan for free-standing and wall
signs shall be submitted for review and approval by the
City Council.
Mr. Tom Schuette, UCD, stated the center is a 28,Q00 sq. ft.
building intended to be a neighborhood service retail center. It
is designed to service a 1-2 mile population. It is not intended
to bring people from distances farther than that. Some of the
proposed uses in mind are the Walgreen Store and other neighborhood
serv'ice type uses such as dry cleaning, hair salon, movie rental,
Chinese restaurant, framing gallery, small furniture store--
services aimed at uses which the local community would frequently
use. They feel the University/Mississippi intersection has long
been identified as an area that needs to be revitalized, yet not
much has happened.
Mr. Schuette stated that in addition to the Walgreen store, they
would have 17,000 sq. ft. of retail space. That would be 5-6
shops. Holly Shopping Center is approximately 75,000 sq. ft.
Moore Lake Commons is over 100,000 sq. ft. This 17,000 sq. ft. of
new retail after such a long period of time with no new retail in
this area is a mild and appropriate development.
Mr. Schuette stated he knows the City is very concerned about the
southwest quadrant. They have estimated that the southwest
quadrant has 30,00-40,000 sq. ft. of retail space today.
Redevelopment on the southwest quadrant certainly could include at
least that much retail without fattening the market of retail
space. In the event the southwest quadrant is developed without
a retail component, the intersection would see a net loss of retail
space, even with the addition of their new center.
Mr. Schuette stated the proposed a first
shopping center that will continue to be
maintained and a service to the community.
class neighborhood
attractive and well
Mr. Betzold stated the Commission has received petitions filed by
the neighborhood. It would be in order to receive these petitions.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive Petition
No. 1-1990 and Petition 2-1990 siqned by people opposed to the
proposed 28,000 sq. ft. retail shopping center at the northeast
corner of University Avenue and Mississippi Street.
IIPON A VOICE VOTE� ALL VOTING 11YE� CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANZMOIISLY.
Mr. Betzold stated he would like to go through the items of concern
expressed by the those who had signed the petition, and he asked
for Mr. Schuette's reaction to each one.
41
pj•��TNIN(3 COMMI88ION l�IEETING. AFRIL 25. 1990 PAGE 10
(1) It requires the removal of two existing homes and the erection
of a towering concrete �rall along the perimeter of the
property. The sheer maqnitude of the wall would be an eyesore
to residents in adjacent homes and would create resident
concern about maintenance of a graffiti-free wall.
Mr. Schuette stated they have a great deal of concern about the
wall and the immediate 6-? neighbors. Throughout the process, they
have felt that the proposed wall would be the most acceptable
solu'tion to the neighbor's concerns. Most of the oral comments he
has heard have not referred to a"towering" wall. Some have even
said the wall is too low. He stated the wall will be built of the
same attractive block as the shopping center. The color of the
block goes all the way through the block, so any graffiti can be
sandblasted off. They feel a 6 ft. high wall is best, and with the
expanded center 15 feet, they now have the ability to add some
berming in front of that wall in that 15 feet. To put a shorter
wall on top of a berm defeats some of the safety issues about
children.
(2) We recognize the fact that an underground sprinkler system is
to be installed, but that alone does not assure that the
grounds will be well manicured.
Mr. Schuette stated a maintenance requirement is one of the
stipulations. It is in their best interest and in the interest of
their retailers to maintain that landscaping professionally. They
expect to do that.
(3) The same type of retail shops as are being proposed on the
10,000 Auto Parts site already exist at Holly Center just
across the street. Additional retail is not necessary in such
close proximity to Holly Center.
Mr. Schuette stated that it is their opinion that additional
retailers are not necessary; however, he would think everyone would
agree that not all their retail shopping needs are met on the
corner of Mississippi and University. If a similar shop exists in
Holly Center, it is nothing more than fair competition and the
normal evolution of a growing community.
(4) Residents are concerned about the negative impact increased
traffic along Mississippi Street will have on the safety of
children walking to and from Hayes School and on the increased
potential for accidents and bottlenecking due to the stacking
of cars making a left hand turn into the shopging center from
the eastbound lane on Mississippi Street.
Mr. Schuette stated Mr. Koski addressed many of the actual traffic
flow concerns. It is Mr. Koski's expert opinion that there will
not be a traffic problem. As far as the children walking to Hayes
School, the shopping center will not be located between the homes
4J
�LANNING COIrII�I88ION 1�EETING, �PRIL 25, 1990 PAGE 11
and the school. Aqain, he has to rely on experts and City staff
who believe this proposal will not create a danger for the
children.
(5) Many residents in the neighborhood abutting this proposed
development have resided in their homes for years and years.
They take pride in their immediate neighborhood and consider
their residential area to be much more than just a home on a
street in Fridley.
Mr. Schuette stated that, obviously, the homes in this neighborhood
are nice, and they want to maintain the quality of their
neighborhood. Personally, he felt the existing use of the 10,000
Auto Parts property is unattractive, and they want to bring in a
shopping center that is as compatible as possible to the
neighborhood.
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive a letter
dated February 23, 1990, from Diane and Peggy Hanson, 365 - 66th
Avenue N.E., stating they are opposed to the rezoning request.
IIPON A VOICE VOTE, lrLL VOTING lIYE� CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLY.
Mr. James Thayer, 377 - 66th Avenue, asked who is going to maintain
the right-of-way area 15 feet back from the curb to the property
line on both sides of the street.
Mr. Dahlberg stated he believed the City requires any property
owner within the City limits to maintain to the curb line, so it
would be the responsibility of this development to maintain all
the way to the street.
Ms. Dacy stated that is correct, and they can ensure that through
the maintenance agreement.
Mr. Lyle Olson, 376 - 66th Avenue, asked if the tax base remains
the same whether or not there are tenants in the shopping center.
Mr. Madsen stated part of the appraisal process is to assess the
income flow from the property, and the vacancy rate is an important
factor of that process. As the property rents up, the City will
be monitoring that and will adjust the values for that rent-up
period which typically lasts about 3 years. Hopefully, they will
be able to settle in on a vacancy rate that is typical in the
market. They will be looking at what the typical shopping center
of that size in Fridley or even a little bit larger area are
experiencing in terms of vacancy. So, if the center does have some
extreme vacancy rates, the City will have to reluctantly change the
tax base.
4K
�LANNING CO2�IIdI88ION 1SEETING, �PRIL 25. 1990 PAGE 12
Mr. Thayer asked Mr. Madsen if he had some vacancy percentaqes on
Holly Center, Moon Plaza, and other centers in the City.
Mr. Madsen stated Fridley has a decent ongoing record of vacancies
in retail centers. They try to check them out on an annual basis.
The vacancy rate right now is about 10-15�.
Mr. Thayer asked what Mr. Madsen considered the average life of
commercial property in Fridley.
Mr. Madsen stated he thought the renovation turn around is about
10-15 years, but that varies.
Ms. Brenda Tibbetts, 421 Mississippi Street, stated she did not
feel City staff has addressed the traffic problems correctly. They
are looking at cars, not pedestrians. They see children trying to
run across Mississippi Street to the library and across 5th Street
to Mississippi to go to Holly Center. There are no crosswalks or
stop sign at the corner of 5th and Mississippi. A better time to
video traffic would have been 3:30 - 4:30 p.m. Why wasn't the
video taken farther back from 7th Street or 5th Street? Again, why
wasn't the pedestrian issue addressed?
Ms. Dacy stated the concerns that staff heard from the neighborhood
meeting was the amount of stacking on Mississippi would block the
traffic going into and out the site. So, they wanted to observe
exactly how far back the queue would occur on Mississippi. People
were concerned that drivers would rear end or back into people
wanting to turn left into the site. The video showed that a
majority of time the left hand lane was clear of traffic and the
majority of the traffic was in the right lane. As to the time,
4:30 - 5:30 p.m., the consultant has stated that is the peak hour
for shopping center activities, as many people combine a shopping
trip on their way home from work.
Mr. Koski stated that as far as pedestrians are concerned, they
did count pedestrians. There is no question that at times, it is
difficult to cross Mississippi Street without the benefit of a
traffic signal. They don't think the shopping center will have
any significant impact on pedestrian crossings.
Ms. Louise Bennethum, 368 - 66th Avenue, stated they have lived in
their home for 32 years. She stated this is the best proposal they
have seen in that 32 years. She lived there before either Holly
Center or Red Owl (a former tenant of the 10,000 Auto Parts
property}. She stated that over the years, she has put up with
rats, smells, trespassing, snowmobiles through the yard, trash,
noisy vehicles, etc. They have put up with all this, because their
neighbors have voted down every other proposal that has been made
for this property. She has checked with people across the United
States who have a Walgreen Store in their neighborhood, and she has
not received one negative response. She stated she wanted her
4L
BLANNING COMMISSION MEETING. �PRIL 25. 1990 PAGE �3
neighbors to realize that they have not lived next to these lots
and next to this horrible building and the things she just
mentioned. It is now time not to have to bear this anymore, and
they are in favor of this proposal.
Mr. Marbolez, 355 Mississippi Street, stated he aqreed with Ms.
Bennethwm. The 10,000 Auto Parts store is an eyesore, and there
definitely should be some consideration given to remodeling or
rezoning this property.
Mr. Clinton Tibbetts, 421 Mississippi Street, stated the traffic
on Mississippi Street backs up past his house. He and wife have
a daycare in their home, and they have seen cars almost run the
children over at 7th and Mississippi. He stated they do not need
any more traffic. They do not need another retail center. Holly
Shopping Center is just across University, and Moore Lake Commons
is only a mile away. If all the existing centers have a 10-15�
vacancy rate, then put the new retail shops in the 15� that are
already empty. He agreed that the 10,000 Auto Parts site should
be remodeled into something, but not another retail space.
Mr. Betzold encouraged anyone in the audience who opposed the
rezoning request to tell the Commission what they would prefer to
see on this site.
Ms. Pat Anderson, 367 - 67th Avenue, stated it was her
understanding from listening to City staff that the light rail
transit issue was to be a kiss and ride and then maybe several
years down the road, there might be the need for a park and ride.
She stated late that afternoon, she had a conversation with Tim
Yantos from Anoka County, and he had told her that the proposed
light rail system will go in within 3-4 years, but that they will
only wait approximately one year before deciding whether or not
they need the park and ride. She stated she sees this whole issue
tied to the light rail issue. If they go ahead with this
development, it precludes them from using the existing space for
a park and ride; and then houses on 66th Avenue and 67th Avenue
would have to be removed.
Ms. Dacy stated she had spoken to Mr. Yantos on Thursday, ApriZ
19, and had received a letter from him dated April 19. She had
not spoken to him since that time.
Mr. Thayer stated that he is opposed to this proposal. He stated
the plan as submitted is marginal in that the developer already
recognizes the need for additional space. That is the reason for
purchasing and rezoning the two single family lots adjacent to the
property. It is just moving the problem to the next neighbors, and
it will just keep continuing until the whole block is gone. This
project is not going to do a thing for the neighborhood, except its
downfall. It also concerned him that the plan did not quite meet
the standards required by the ordinance.
!����1
�LANNING COMMISSION Ii�ETIIdG, APRIL 25, 1990 PAGE 14
Mr. Thayer stated this is a difficult area to develop. It is a
very small area which is part of the problem.
Mr. George Meisner, 373 Mississippi Street, stated his objection
to the proposal is that he believes it is an inappropriate
development for the needs of the neighborhood. Holly Center is
right across the street. Everything proposed for this site is
already available either at Holly Center, Moon Plaza, or Rice
Plaza. He, too, questioned the traffic surveys done. The surveys
were done on Monday and Tuesday, and he did not think those were
the worst days of the week from a traffic standpoint. A better
view of the traffic might have been done on a Friday afternoon.
Last year, when Anoka County was using Mississippi Street as a
bypass for I-694, the traffic was miserable. Subsequent to that,
the traffic has not been so bad; however, there are many days when
he comes home from work that he is not been able to turn left into
his property going east without waiting for the traffic to clear.
This indicates to him that the traffic is worse than that indicated
by the study.
Mr. Meisner stated some type of senior housing might be a
suggestion for part of the property. He stated the LRT should be
strongly considered in conjunction with any development on this
property. He thought a park and ride facility would really benefit
the City of Fridley. '
� Ms. Janet Thayer, 377 - 66th Avenue, stated she would like to see
some type of community park on this corner that could be enjoyed
by everyone in the City of Fridley.
Ms. Marilyn Sullivan, 522 - 66th Avenue, stated she lived a little
outside the immediate neighborhood. She stated she has grown up
in Fridley. She would like to raise her family in Fridley. She
stated she has some problems with this proposal and rezoning
request:
1. The LRT issue. The idea of possibly removing eight
residential homes in the future was unconscionable. Even
removing two homes is unthinkable.
2. There is the possibility that 10 homes would be removed.
These people have paid a lot of taxes in the City of
Fridley-, they are close to fine schools, yet this
development would eliminate those homes. She believed
these neighborhoods should remain strong and viable,
which means holding back on developments that are not
residential.
3. It was the direction of the Planning Commission in the
80's to preserve affordable homes, and now why are they
committing themselves to redevelopment that was proposed
�_l_l' .'
pLANNING COMMZSSION I�tEETING. 11PRZL 25. 1990 PAGE 15
back in the 70's? It might have been desirable back
then, but it is not now.
4. The increased traf f ic is a problem, and she had not heard
anythinq about a pollution control study or impact.
5. Noise has to be a serious consideration.
6. With the extended turn lane and the road line being so
close, the privacy and quality of life is being reduced,
which is also supported by the lower tax value on some
of these homes.
Ms. Sullivan stated they do not need a Walgreen Store. They have
a Snyder Drug Store which is a Minneapolis-based chain, and she
would hate to see it go out of business by Walgreen which is an
out-of-state chain. They should keep the neighborhoods intact.
They should not have development encroaching upon them and
potentially downgrading their quality of life. She thought the
citizens of Fridley deserve priority treatment.
Mr. Madsen stated he wanted to clarify that vacancy rates in
themselves are not entirely unhealthy situations for a shopping
center, because it does provide space for additional new and fresh
tenants. The vacancy rates in Fridley in the existing shopping
centers are fairly typical of vacancy rates in the local area.
Ms. Holly McGregor, 355 - 66th Avenue, stated she is opposed to
the shopping center because of the traffic. She agreed that the
traffic is heaviest on Friday and Saturday, not on Monday and
Tuesday when the traffic study and video were done.
Mr. Lowell McGregor, 355 - 66th Avenue, stated he is opposed to
the shopping center. He did not want to see them consider any
development on this site until they know more about the LRT,
because his home is one of the ones that would be removed for a
park and ride.
Mr. Ellsworth Hinz, 384 - 66th Avenue, stated 66th Avenue is one
of the best streets in Fridley and let's keep it that way!
Ms. Brenda Tibbetts, 421 Mississippi Street, stated their property
values are going to go down. If the LRT is a big issue, then they
should just put in the park and ride lot.
OM TION by Ms. Sherek, seconded by Mr. Kondrick, to close the public
hearing.
IIPON A VOICE VOTE, l�LL VOTING l�YE, CHAIRPERSON RONDRICR DECLARED
THE MOTION CARRIED l�TD THE PIIBLIC HEARING CLOSED AT 9:�0 P.M.
. �
pLANNING COMMZSSION MEETING. �PRIL 25. 1990 PAGE 16
Mr. Kondrick stated this property is an eyesore now, and he had to
believe that this proposal would certainly be an improvement over
what is there now. What concerned him the most was the light rail
issue.
Mr. Betzold stated he has also been troubled by the LRT issue ever
since they first discussed it quite awhile ago. He was concerned
that the City has made a strong commitment to try to develop this
whole, area, and he did not think that the existing 10,000 Auto
Parts building is doing the neighborhood any good or the City any
good. His first reaction was, why do they need another shopping
center? Part of this property has been zoned commercial for many
years. This is the center of the city. The problem is that the
developer who developed this property 30-40 years ago could not
have possibly foreseen the development and the traffic of today.
Unfortunately, a park would not be economically feasible for the
City, and residential is also not realistic for this corner. The
wild card, of course, is the LRT.
Mr. Betzold stated the Planning Commission strongly encouraged the
County to look away from Columbia lce Arena as a park and ride site
because of poor access to it and had recommended the County look
at the corner of Mississippi/University. This is now a golden
opportunity for the County ta step in and acquire this property for
a park and ride while there is the opportunity. The worst thing
that could happen is to put a shopping center in now and then have
the LRT come in later and need more space and tear out homes.
Mr. Betzold stated that from a tax base standpoint, maybe it is
not in the City's best interest to build a parking lot, but he
thought they should take the advantage now and acquire the land
for a park and ride. If a park and ride does not go in, the
property would be available and maybe there will be a good
proposal. For right now, they are just hemmed in with 30 years of
development that the City can't control and the neighborhood has
grown up around it, and they might be trying to put too much onto
this small piece of land.
Mr. Saba stated there are some very positive benefits from a
development 'such as this. One problem is with the elderly and
children trying to cross University to shop at Holly Center. A
development of this type would resolve that problem. However, he
is also very concerned about the light rail issue. It is really
stymieing development in the City. He would not want to see 6-8
homes taken because this was developed into a retail center with
light rail coming through. It is unfair to the neighbors to tear
out existing homes and replace them with a brick wall, even though
the developer will try to make it look nice with plantings. He
would like to see a Walgreen Store go into this area, but with the
rest of the shops, it just makes too big a development for this
small piece of property. For these reasons, he would vote against
the rezoning.
4P
ING COMMISSION ETING APRIL 25 1990
AGE 17
Ms. Sherek stated she agreed with Mr. Saba. The Commission has
struqgled a number of times over the last few years about the issue
that the value of the land in Fridley is so high and the cost of
building and developing is so high, that there the need to cost
every square inch the City will allow on a piece of property in
order to make that piece of property financial feasible for
development. She feel this property is probably being
overdeveloped for its size, given the present proposal.
Ms. Sherek stated that the Planning Commission has also been
looking at the LRT issue for quite some time. The Comm�ksand
indeed did direct the County to look at this corner for a p
ride. She was not sure that a park and ride was the most wonbu�f it
thing for this corner, but light rail is certainly coming,
would be preferable to see a park and ride on a lot that �5 osedato
essentially a parking lot that would be upgraded, as opp
taking homes (to which she is opposed). For those two reasons, the
overdevelopment of the property and light rail transit coming in
later which might force the taking of homes, she would vote against
the rezoning also.
Mr. Dahlberg stated he is disappointed in the Anoka County Rail
Authority in its lack of response to this whole issue. He agreed
with what has been said by the other Commissioners relative to the
LRT. One of the other aspects ofoLRi 1 ha tationelocationnthat
advocated is that as part of any p
would occur at this intersection, there would also be constructed
a pedestrian bridge over University Avenue. He thought osal
opportunity still exists. He had some concerns about the prop
as presented. He,ssissit i Street and Uni er ity SA enue, are aa
specifically on Mi PP
little difficult to deal with, primarily from the standpoint that
if the 15 ft. setback along Mississippi Street is acceptable, an
easement for LRT parking will also have to be provided, with the
possibility that additional parking spaces would be constructed
- along Mississippi Street which would bring the setback down to 5-
10 feet from the curb. He did not like the idea of all that
pavement and concrete, especially at this intersection.
Mr. Dahlberg stated he has visited and shopped at the Calhoun
Center that the developer has constructed and owns. It is a very
nice center. The c�mpsnY�a ntained e and that centerlis leased
properties. The cente
100$.
Mr. Dahlberg stated he is a little concerned about the additional
truck traffic to the service drive around the back of the building
and dumpsters that are located in back. He stated this is a good
project, and it would be well suited to this site if the LRT
question was not a concern. But, it is a to resolve theeissue of
might be prudent for the Commission to try
4Q
ING CO1�iI88ION ?IEETING �P IL 5 990 AGE 8
the LRT before making a recommendation for the development of this
property for commercial/retail use.
Mr. Dahlberg stated the neighbors have responded both positively
and negatively to the idea of a park and ride lot; and it is his
interpretation that the neighbors would rather see a park and ride
lot than a retail center.
MOTION by Mr. Saba, seconded Ms. Sherek, to recommend to City
Council denial of rezoning request, ZOA �90-02, by Urban Commercial
Developers and Fridley Town Square Associates to rezone three
separate parcels as follows: Lot 9, Block 2, Rice Creek Terrace
Plat 1 from R-1, Single Family Dwelling, to S-2, Redevelopment
District, the same being 355 Mississippi Street N.E.; AND Lot 12,
Block 3, Rice Creek Terrace Plat 2 from R-1, Single Family
Dwelling, to S-2, Redevelopment District, the same being 368 - 66th
Avenue N.E.; AND Lots 10, 11, and 12, Block 2, Rice Creek Terrace
Plat 1, except the South 30 feet thereof, according to the recorded
plat thereof on file and of record in the office of the County
Recorder, Anoka County, Minnesota, and Lots 13, 14, 15, and 16,
Block 3, Rice Creek Terrace Plat 2, according to the recorded plat
thereof one file and of record in the office of the County
Recorder, Anoka County, Minnesota, from R-1, Single Family
Dwelling, and C-1, Local Business, to S-2, Redevelopment District,
the same being 6525 University Avenue N.E.
IIPON A VOICE VOTE, 1CONDRICR VOTING NAY, CHAIRPERSON BETZOLD
DECLARED THE MOTZON CARRZED.
Ms. Dacy stated that on May 7, the City Council will set the public
hearing for May 21. Everyone will be renotified of that meeting.
Chairperson Betzold declared a 15 minute break at 10:00 p.m.
2. PUBLIC HEARING• CONSIDERATION OF A PRELIMINARY PLAT. P.S.
�90-02 MICHAEL SERVETUS 2ND ADDITION BY KATE KEMPER FOR THE
�IICHAEL SERVETUS UNITARIAN SOCIETY:
Being a replat of Outlot A, Michael Servetus Addition, to
create four separate lots, generally located at 980 - 67th
Avenue N.E.
OTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the
reading of the public hearing notice and open the public hearing.
QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLY AND THE PIIBLZC HEARING OPEN AT 10:15
P.M.
Ms. McPherson stated this request is being made by Kate Kemper and
Phyllis Forsberg who are co-chairing the building committee for the
Michael Servetus Unitarian Church. The plat is just one of three
requests that are interrelated. The Planning Commission will also
4R
$Ll�NNING COIrII�IBBION MEETING. �PRIL 25, 1990 _ PAGE 19
consider a vacation of an existing street right-of-way and a
special use permit for a church expansion in R-1 zoning.
Ms. McPherson stated the property is located approximately at the
what would be the intersection of Oakley Drive and 67th Avenue.
The first Michael Servetus Addition was platted in 1973. At that
time, eight lots were created, four which abut 68th Avenue, and
four which abut 67th Avenue. At the same time, right-of-way for
67th Avenue was dedicated, although 67th Avenue is not extended
within the right-of-way at this time.
Ms. McPherson stated the proposed plat will create three single
family residential lots adjacent to the 67th Avenue right-of-way
and will create one lot of approximately 47,000 sq. ft. for the
church expansion. In addition, the City is requesting that 60 feet
of right-of-way be dedicated to preserve any future extension of
Oakley Drive. This is relation to potential future Minnesota
Department of Transportation (MnDOT� projects which will occur in
conjunction to the improvement of Highway 65. These potential
projects include the closing of the median crossing at 63rd Avenue
and 73 1/2 Avenue. At the same time, within their five year
capital improvement plan, MnDOT is planning to upgrade the
intersections at 73rd Avenue and Mississippi Street.
Ms. McPherson stated the Mississippi Street improvement will
include the improvement of the signals at Mississippi/Highway 65,
construction of a a�edian on the left side of the intersection. If
MnDOT completes the median construction, this will prevent any
access from people traveling southbound on Brookview to access
Mississippi Street to go eastbound. The City Council could decide
not to use the right-of-way if it is determined that this entire
neighborhood can leave the area by other means. However, if the
City Council decides to connect Oakley Drive with 67th Avenue, it
would serve three purposes for the City:
(1) It would provide two means of access into and out of the
neighborhood, especially in emergency situations where
one street becomes blocked.
(2) It would provide easier maintenance. A through street
is easier to plow than two cul-de-sac streets.
(3) It would complete the overall traffic pattern for the
neighborhood.
Ms. McPherson stated that if the City Council deems it is not
necessary to preserve the right-of-way, they could choose to vacate
the right-of-way, and there would then be the opportunity to create
an eighth lot within the vacated right-of-way. Approximately 15
feet from the park land would be needed to allow the lot to meet
the minimum lot width.
4S
pL!►NNING COIrIIdI88ION l�t$ETING, �PRIL Z5, 1990 PAGE 20
Ms. McPherson stated that in addition to the street issues, the
utilities in the area will be installed to serve the three proposed
residential lots. The water main in the area will be looped within
the Oakley Drive right-of-way and through 67th Avenue. This will
prevent a stagnant water line and will provide water feed from two
directions for the new houses. In addition, sewer services will
be installed to serve both the three new lots and the four lots
previously platted in 1973, and 67th Avenue will also be extended
within the existing right-of-way to serve those new lots.
Ms. McPherson stated that within this area, there is an issue of
peaty soils. Staff has records of soil borings from 1958 and 1967.
Within the areas where there might be future houses, there is
between 2-5 feet of peat. Staff is recommending there be
restrictive covenants filed against the three new lots in order to
provide information to future buyers that there might be increased
costs in building homes on these lots because of soil correction
measures that will be required.
Ms. McPherson stated staff is recommending that the Planning
Commission recommend approval of the P.S. #90-02 with four
stipulations:
1. A park fee of $1,500 per lot for three residential lots
shall be paid at the time of building permit ($4,500
total).
2. The petitioner shall petition for the proposed
improvements (67th Avenue extension, water main loop,
sewer extension).
3. The vacation request, SAV �90-01, be approved.
4. Restrictive covenants regarding the need for soil
correction shall be recorded against Lots 1, 2, and 3,
Block 1, Michael Servetus, 2nd Addition.
Mr. Saba stated this area is a wetland area. Why isn't
environmental assessment statement needed?
Ms. Dacy stated the amount of lots to be created is below the
threshold required by the Minnesota Environmental Quality Board.
Staff realizes that there are poor soils on the site. To the west
First Western Development, as part of their wetland mitigation
requirement for their development at 85th Avenue, is proposing to
create a wetland in Meadowlands Park. The City originally approved
a plat for eight lots in 1973. Staff has determined that the
creation of three additional lots is not going to have an adverse
impact as far as the environment is concerned; it is more of a
"buyer beware" situation in that the buyers must be aware that they
will have to correct the soil problems prior to building homes.
4T
,
�L�NNING CO1+II��I68ZON KEETING. �PRIL 25, 1990 BAGE 21
Mr. Saba stated the Comprehensive Plan talks extensively about
protecting the wetlands, and the creation of three more lots in a
wetland area is a concern to him.
Ms. Sherek asked what impact a through street wou2d have on
Meadowlands Park.
Ms. Dacy stated that cars going by on a street would not
significantly impact the wetland. The street would be well outside
the ordinary high water mark of the wetland that First Western is
cons'idering. The other impact would be the run-off. Bad soils
would have be removed and replaced with good soils and the area
resodded and revegetated so it would be a one time intrusion if the
street is constructed.
Mr. Saba stated he is concerned that the City has lost enough
wetland areas in its natural state. And, now is another wetland
area that will be disrupted, and he had problems with that.
Mr. Betzold asked if the petitioner had any problems with the
stipulations.
Ms. Kemper stated the stipulations were acceptable to them.
Ms. Sandy Peterson, 6790 Brookview Drive, asked how the storm sewer
system would be assessed.
Ms. Dacy stated the storm sewer system will be constructed to
handle the run-off from 6'7th Avenue and from the parking lot for
the expansion of the church and the development of the three new
lots. Any utilities which directly benefit abutting properties are
the ones assessed.
Mr. Arthur Medeck, 6770 Brookview Drive, stated he is on the corner
of Brookview and 67th Avenue. He was concerned about whether he
would be assessed for the storm sewer system.
Ms. Christine Gerrety, 1051 - 67th Avenue, stated they have already
paid for a stona sewer system.
Ms. Dacy stated she would be glad to check and see if any of the
homeowners on 67th Avenue would be assessed for the storm sewer
system.
Dr. Ken Vos, 990 - 68th Avenue, stated one month after he moved
into his home in 1974, the church wanted to assess all eight lots
in that first addition for a storm sewer. A public hearing was
held, and the neighbors convinced them not to do that. So, he did
not think they ever were assessed for a storm sewer system.
Dr. Vos stated that regarding the lot directly behind his house on
67th, the reason the lot did not sell is because there is the need
4U
�L�NNING COI+II+IISSION 1SEETING. �PRIL 25. 1990 PAGE 22
for a lift station for sewer, so there is the concern about how
much it is going to cost to develop this land.
Dr. Vos stated when he built his home, he had a buildable clause
in the contract. By the time, he finished building, he had dug
out 19 feet of peat, so 5 feet of peat might be a minimum.
Dr. Vos stated he felt this plat request is directly tied together
with the vacation request. The reason the church wanted to put the
lots�in like that is to keep Oakley Drive open. He would recommend
the Planning Commission not recommend approval of this plat. He
just did not think this is the best plat for this property.
Mr. Dahlberg asked if any other arrangement for a plat had been
considered.
Ms. Kate Kemper stated that their architect, the City, and other
experts have concluded that this is the best arrangement to
maximize the best use of the property. This is not only the best
way to arrange the pieces, but also the only economical way,
because of the bad soil conditions.
Mr. Betzold agreed that because the plat request and vacation
request are tied so closely together, they should also discuss the
vacation request during this public hearing on the plat.
3. CONSIDERATION OF A VACATION REOUEST, SAV #90-01, BY KATE
KEMPER FOR THE MICHAEL SERVETUS UNITARIAN SOCIETY:
To vacate Oakley Drive as dedicated in the plat of Michael
Servetus Additian, generally located west of 980 - 67th Avenue
N.E.
Ms. McPherson stated this vacation request is to vacate the Oakley
Drive cul-de-sac (or bubble) that was originally dedicated within
the 1973 Michael Servetus addition. The vacation will eliminate
the extra pie shape, should the proposed Oakley Drive dedication
be platted over it. This will allow the church to use the standard
90 degree angle lot at that corner, instead of having the "bubble"
of right-of-way. By vacating the cul-de-sac, they can dedicate new
right-of-way as an extension of the existing Oakley Drive right-
of-way.
Ms. McPherson stated staff is recommending the Planning Commission
recommend approval of this vacation. Procedurally, the vacation
would be recorded by the County prior to the recording of the plat,
should be plat be approved.
Mr. William Doyle, 6551 Oakley Drive, stated the neighbors applaud
the Michael Servetus Church on their efforts to upgrade their
property. However, the neighbors' significant opposition to the
plan focuses on one aspect, and that is the plan to extend Oakley
Drive. Mr. Doyle presented to the Commission a petition stating
L: i��
PL�NNING COMI�iI88ION 1+I8ETING. APRIL 25, 1990 PAGE 23
that Oakley Drive not be extended as requested by the Michael
Sexvetus Unitarian Society. He stated this petition was signed by
the residents on Oakley Drive, residents on Brookview Drive, and
relative residents on Mississippi Street.
Mr. Doyle stated it had not been too many years ago when the City
of Fridley was interested in extending Oakley Drive. At that point
in time, the residents unanimously opposed that plan. He believed
they were opposed then for the same reasons they are opposed to the
extension now, and he beZieved they would be opposed to any
extension in the future.
Mr. Doyle stated the primary issue is the extension of Oakley Drive
because of the potential impact to their residential environment.
Their primary cancern is that if the street is extended
approximately 50 feet, that would dramatically increase the
probability that at a future time the street would be extended all
the way to the cul-de-sac at 67th.
Mr. Doyle stated the neighbors' concerns include the following:
1. The resulting increase in traffic will dramatically
�hange the neighborhood of Oakley Drive. Those who are
currently living there purchased the property because of
the quiet environinent and cul-de-sac or dead end street.
The fundamental nature that is important to them and
their environment would be lost.
2. They believe that the increased traffic that will result
would lower the value of their properties. Again, they
purchased their properties because of that fundamental
nature of the neighborhood; and when that fundamental
nature is changed, the pool of potential buyers for these
properties shrinks, and the end result is the property
values go down for this particular neighborhood.
3. Their street is currently 30 feet wide. That meets the
minimum standard in the City of Fridley. Currently, if
there is a car parked on either side of the street, there
is not enough room for two-way traffic. So, if the
traffic increases dramatically, they predict that at some
point in time there will then be the need to widen Oakley
Drive. Because of their front yard setbacks, this again
would have a very negative impact on their environment.
Mr. Doyle stated they feel that the above changes are significant
and that there are no positives that would come out of extending
Oakley Drive. Consequently, they are opposing the extension of
Oakley Drive, even though they would like to see the church
property upgraded. If an extension of Oakley Drive is required,
4W
�L�NNING COMMI88ION KEETING, �PRIL 25, 1990 PAGE 24
the door will be opened much wider for a future extension of Oakley
Drive to 67th Avenue.
MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive Petition
No. 4-1990.
IIPON !l VOZCE VOTE, !►LL VOTZNG 11YE, CHAIRPERSON BBTZOLD DECLARED
T8E 1�IOTION CARRZED IINANIMOUSLY.
Mr. Jerry Burns, 6530 Oakley Drive, stated he is mainly concerned
about the increased traffic if Oakley Drive is extended.
Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that about five
years ago, the City tried to open up Oakley Drive, and the
neighborhood was opposed to it. They are now back again with the
same argument. This is really not buildable land, and the
neighborhood should not have to put up with more qrief than they
already have. He would like to see the church upgraded, but leave
Oakley Drive alone. He suggested the church use Lot 3 as a
driveway back to 67th Avenue. He did not want the church accessing
onto Oakley Drive.
Mr. James Tauer, 6430 Oakley Drive, stated that looking at the
amount of peat that would have to be removed and the fact that this
is a wetland area, he did not think it was practical for the City
to pursue any kind of extension of Oakley Drive.
Ms. Diane Miller, 953 Mississippi Street, stated that if Oakley
Drive does go all the way through, who would pay the taxes for the
widening and improvements?
Ms. Dacy stated the reservation of the 60 ft. right-of-way is
basically preserving options for the City Council to take. If it
is determined that the Council wants to connect the two cul-de-
sacs, they will have an assessment hearing to determine the
benefittinq properties. At this point, that analysis has not been
done.
Mr. Doyle stated he did not think it is very astute to assess
homeowners who are radically opposed to the extension. He did not
see how the City Council can even consider the extension as a
feasible alternative.
OT ON by Ms. Sherek, seconded by Mr. Saba, to close the public
hearing.
IIPON A VOICE VOTE� ALL VOTING lIYE, CHAIRPERSON BETZOLD DECLARED
T8E I+IOTION CARRIED IINANIMOIISLY l�ND THE PIIBLIC HEARING CLOSED AT
11:05 P.M.
Mr. Saba stated he has problems with abandoning the City's right-
of-way. He agreed that it does create problems and disrupt the
4X
pI�l�iNNING COI+II+IISSION KEETINQ, �PRIL 25. 1990 P�GE 25
existing neighborhood on Oakley Drive. There doesn't appear to be
any easy solution. He is not totally against the replat, but he
did have some problems with it and would have to vote aqainst the
vacation request.
Mr. Rondrick stated he would also vote against the vacation.
Ms. Dacy stated that if the Planning Commission recommends to deny
the vacation request to vacate the cul-de-sac, the cul-de-sac is
stil•1 there. But, if the Planning Commission recommends to approve
the plat, there would still be a reserved right-of-way and a cul-
de-sac. So, there could possibly still be a street connection with
or without the vacation.
Mr. Dahlberg agreed. He stated the plat could occur without the
vacation and allow the church access from 67th in the street right-
of-way, if that is something the church representatives would be
willing to accept. It would allow them to plat, get their three
single family lots, have access to their property over a City
right=of-way, and not make it necessary to extend Oakley Drive to
67th Avenue. So, the Commission has to look at these two requests
in the order presented to them--first the plat, then the vacation.
Ms. Sherek suggested that in the stipulations recommended by staff
for the plat, they should delete stipulation #3: "The vacation
. request, SAV #90-01, be approved." They should then add a
stipulation that says: "Access to the church parking lot will be
from 67th Avenue."
Mr. Saba stated he is still concerned about the fact that any time
soil corrections are made, funny things happen to the filtering of
water and the flow of water. He would like to see the church be
able to make their improvements, and he had no major problems with
the plat, but he just did not like to see wetlands disturbed.
Ms. Dacy stated that if the Commission's action is to recommend
the driveway within the proposed street dedication area, then staff
would recommend a stipulation that the petitioner work out an
agreement with the City as far as liability and maintenance of that
driveway.
Mr. Dahlberg stated he thouqht maybe there is a compromise that
can be reached relative to access to the church property from 67th
Avenue rather than from Oakley Drive to the south. However, he saw
more value in connecting Oakley Drive to 67th Avenue than not,
especially in light of the median construction proposed on
Mississippi Street. Not necessarily from the standpoint of
allowing the neighborhood to have access to Mississippi Street and
T.H. 65, but from the standpoint of allowing emergency vehicles to
get to residents more quickly.
4Y
pL�iNNING COKMI88ION I�EBTING. �PRIL 25, 1990 PAGE 26
Mr. Doyle stated that Jackson Street is two blocks to the west of
Oakley Drive, and it goes north from Mississippi to 67th Avenue.
Ms. Sherek stated she thought they need to reserve the right-of-
way but find an alternative means for access.
Ms. Kate Kemper stated that the church cannot afford to put in a
driveway from 67th Avenue. It is a long piece of property, and it
has bad soils. Access from Oakley Drive to the south is much
shorter.
Mr. Dahlberg stated that legally the City cannot deny the church
access to Oakley Drive because their property fronts on the public
right-of-way.
Mr. Betzold stated that Mr. Dahlberg certainly raised a valid point
that because the church fronts public right-of-way, it would be
pretty difficult for the City to deny them access.
MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City
Council approval of Preliminary Plat, P.S. #90-02, Michael Servetus
2nd Addition, by Kate Kemper for the Michael Servetus Unitarian
Society, being a replat of Outlot A, Michael Servetus Addition, to
create four separate lots, generally Iocated at 980 - 67th Avenue
N.E., with the following stipulations:
1. A park fee of $1,500 per lot for three residential lots
shall be;paid at the time of building permit ($4,500
total).
2. The petitioner shall petition for the proposed
improvements (67th Avenue extension, water main loop,
sewer extension).
4. Restrictive covenants regarding the need for soiZ
correction shall be recorded against Lots 1, 2, and 3,
Block 1, Michael Servetus, 2nd Addition.
IIPON A VOICE VOTE, ALL VOTING l�YE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOUBLY.
MOTZON by Ms. Sherek, seconded by Mr. Dahlberg, to recammend to
City Council denial of Vacation Request, SAV #90-01, by Kate Kemper
for the Michael Servetus Unitarian Society, to vacate Oakley Drive
as dedicated in the plat of Michael Servetus Addition, generally
located west of 980 - 67th Avenue N.E.
IIPON A VOICE VOTE, BETZOLD VOTING NAY, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED.
4Z
�LANNING COMMZSSION KEETING. �PRIL 25. 1990 PAGE 27
3. �LTBLZC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP
90-05, BY KATE KEMPER FOR THE MICHAEL SERVETUS UNITARIAN
SOCIETY•
Per Section 205.07.O1.C.(2) of the Fridley City Code to allow
the expansion of a church in a residential district, on Outlot
A, Michael Servetus Addition, generally located at 980 - 67th
Avenue N.E.
O O by Mr. Kondrick, seconded by Mr. Saba, to waive the reading
of the public hearing notice and open the public hearing.
DPON A VOICE VOTE, ALL VOTING l�YE, CHAZRPERSON BETZOLD DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEliRING OPEN AT 11:25 P.M.
Ms. McPherson stated the Michael Servetus Unitarian Society is
proposing to extend their existing facility. In addition to the
church expansion, the church is planning to construct a 50-car
parking lot which will form an "L" around the buildings, and they
are proposing to relocate the access to Oakley Drive from 67th
Avenue.
Ms. McPherson stated the relocation of the driveway will impact,
instead of approximately six homes as it does now on 67th Avenue,
approximately 10 homes on Oakley Drive. Since the church has a
small membership of approximately 43 members, the potential Sunday
service traffic which occurs at 10:30 a.m. will be minimal.
Approximately 20-30 cars would use Oakley Drive to get to the
church. They are proposing to expand the sanctuary from its
current seating of 54 to approximately 84.
Ms. McPherson stated that in addition to the Sunday services, they
do have occasional evening meetings during the week at which 2-3
cars may be in the parking lot. They sometimes rent their
facilities for weddings, funerals, etc.
Ms. McPherson stated the petitioner has submitted a landscape plan
to which staff has recommended some minor changes. Staff has
recommended that a grading and drainage plan be approved in order
to ensure that there is adequate detention and retention on site
of stormwater. The relocation of the access to the church will be
an impact; however, it will be a minimal impact as the church is
not a very large entity within the neighborhood, and the proposed
expansion of the church will improve and enhance the existing
building. The parking facilities will be more than adequate to
handle the proposed use of the site.
Ms. McPherson stated staff is recommending that the Planning
Commission recommend approval of the special use permit request
with two stipulations:
l. A grading plan shall be submitted prior to the issuance
of a building permit.
4AA
pLANNING COIrII+tI88ION IsEETING, �PRIL 25. 1990 PAGE 28
2. The revised landscape plan shall be submitted prior to
the issuance of a building permit.
Mr. Dahlberg stated that since the Planning Commission recommended
denial of the vacation request, that cul-de-sac remains in its
existing state; therefore, any proposed modifications in tenas of
the parking lot will have to meet setback requirements to the cul-
de-sac. That means the plan as submitted does not conform.
Ms. McPherson stated that is correct. The plan will have to be
modified in order to meet the zoning code requirements.
Mr. Dahlberg stated it is possible to make those modifications with
some minor adjustments. They could eliminate a few parking spaces
and still access the cul-de-sac in the same location.
Ms. Kemper stated she thought they would be comfortable with that.
She stated it is their desire to make the sanctuary handicapped
accessible, more Sunday School space and fellowship space, preserve
the historic part of the building, and make their building more
attractive. She stated they have a membership of 43 families so
the impact in terms of traffic will be minuscule.
Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that it seems
their petition is not even being considered. The church is being
allowed to do whatever they please, and the church does not even
` pay taxes. Who will pay for the extension of Oakley Drive to their
property?
Ms. Kemper stated the church will be paying for the water main loop
and the extension to Oakley Drive.
OM TION by Mr. Kondrick, seconded by Ms. Sherek, to close the public
hearing.
IIPON A VOICE VOTE� ALL VOTING !►YE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMODSLY l�IdD THE PIIBLIC HEARING CLOSED AT
11:45 P.M.
Mr. Dahlberg stated he felt it is impossible for the City to not
allow a property owner to access a street if the property fronts
on a public right-of-way; however, he would still encourage them
to consider access from 67th Avenue. With some minor modifications
to the parking lot, they can meet the setback requirements. The
neighbors did seem to be in favor of the church making
improvements, and he saw this as a definite improvement to the
overall neighborhood. He stated he thought the Michael Servetus
Unitarian Church will continue to be a good neighbor, and he could
see no reason to deny the special use permit.
Mr. Kondrick stated he agreed with Mr. Dahlberg.
' : :
�LANNING COMMISSION ?IEETING. �PRZL 25, 1990 PAGE 29
Mr. Betzold stated it is regrettable that this special use permit
had to get wrapped up in some other issues. He stated the Michael
Servetus Church has certainly been a good citizen of Fridley, and
he would vote to recommend approval of the special use permit.
O� TION by Mr. Dahlberg, seconded by Mr. Kondrick, to recommend to
City Council approval of Special Use Permit, SP �90-05, by Kate
Kemper for the Michael Servetus Unitarian Society, per Section
205.a7.O1.C.(2) of the Fridley City Code to allow the expansion of
a church in a residential district, on Outlot A, Michael Servetus
Addition, generally located at 980 - 6�th Avenue N. E. , with the
following stipulations:
1.
2.
A grading plan shall be submitted prior to the issuance
of a building permit.
The revised landscape plan shall be submitted prior to
the issuance of a building permit.
3. The site plan be modified to reflect the requirements
for parking setbacks and number of parking stalls as
required by City code.
IIPON A VOICE VOTE, l�LL VOTING l�YE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRZED IINANIMOIISLY.
Ms. Dacy stated that on May 7, the City Council will establish a
public hearing for the plat, vacation, and special use permit for
May 21, 1990.
4. CONSIDERATION OF A LOT SPLIT REOUEST L S #90-01, BY__ROGER
AND MYRA HANSON:
To split off the southeasterly 90 feet of Lot 8, Block 2,
Moore Lake Hills Addition, to create a separate single family
Iot, generally located at 6065 Central Avenue N.E.
Ms. McPherson stated the petitioners are requesting that
approximately 94 feet of Lot 8, Block 2, be split off to create a
buildable single family lot. The property is currently zoned R-1,
Single Family Dwelling, and there is an existing single family home
on the lot. Mr. and Mrs. Hanson reside in this home at the present
time. The new lot will front on Woody Lane.
Ms. McPherson stated that there are some drainage issues staff has
asked the petitioners to consider, and they have submitted a
preliminary drainage plan. The existing lot changes dramatically
in topography across the width of the lot and across the depth of
the lot. Staff is concerned with the drainage issue for the new
lot on Woody Lane, as the run-off from the new dwelling unit will
impact the adjacent neighbor to the south. The preliminary
drainage plan would create a swale along the south property line
4CC
PLANNING COMMISSION 1�IEETING, l�PRIL 25, 1990 PAGE 30
along the existing dwelling which will allow
directed toward Central Avenue instead of to the
In conjunction with the lot split, there woul
utility easement reserved along the south
maintenance of the swale.
the drainage to be
adjacent neighbor.
d be a drainage and
property line for
Ms. McPherson stated another issue staff is concerned about is that
by allowing the lot split, a nonconforming lot would be created for
the existing dwelling unit. The rear yard setback has been
calculated at 25$ of the lot depth. For the new lot for the
existing home, the lot depth would be approximately 36 feet. As
proposed, the new lot line would create a year yard setback of 29
feet, which would create a nonconforming situation.
Ms. McPherson stated that due to the fact that this lot split would
create a nonconforming lot, staff is recommending that the Planning
Commission recommend denial of the lot split. However, if the
Planning Commission does choose to approve the lot split and
acknowledges the setback variance for the existing dwelling, staff
recommends the following five stipulations:
1.
�
3.
4.
5.
The petitioner shall move the existing chain link fence
from its current location to a location closer to the new
lot line.
The petitioner shall install erosion control structures
(silt fence with hay bales) while the new dwelling is
under construction.
The swale to be constructed along the south property line
of the existing house shall be revegetated as quickly as
possible.
The petitioner shall maintain the swale for one year
after construction.
Park dedication fees shall be paid at the time of the
building permit issuance.
Mr. Roger Hanson stated he and his wife moved to Fridley three
years ago from Texas. They like Fridley and want to stay in
Fridley. His wife works at Totino Grace High School, so this is
an ideal location for them. He stated his wife has health problems
and cannot climb stairs. Their present house has stairs, and that
is why they want to build a new house on the new lot. They have
no objections to any of the stipulations. He has done a lot of
work terracing the property now to help stop erosion problems. He
stated he has polled all the neighbors who adjoin their property,
and no one has objected to this lot split.
4DD
�LANNING COMMISSION M$ETING, �PRIL 25. 1990 PAGE 31
MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City
Council approval Lot Split request, L.S. #90-01, by Roger and Myra
Hanson, to split off the southeasterly 90 feet of Lot 8, Block 2,
Moore Lake Hills Addition, to create a separate single family lot,
generally located at 6065 Central Avenue N.E., with the knowledge
that by approving this lot split, they are creating a nonconforming
use on the original lot, and subject to the following stipulations:
1. The petitioner shall move the existing chain link fence
from its current location to a location closer to the new
lot line.
2. The petitioner shall install erosion control structures
(silt fence with hay bales) while the new dwelling is
under construction.
3. The swale to be constructed along the south property 1 ine
of the existing house shall be revegetated by November
1, 1990.
4. The petitioner shall maintain the swale for one year
after construction.
5. Park dedication fees shall be paid at the time of the
building permit issuance.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED IINANIMODSLY.
5. RECEIVE THE APRIL 5 1990 HUMAN RESOURCES COMMISSION MINUTES:
MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the
April 5, 1990, Human Resources Commission minutes. -
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED IINANIMOIISLY.
6. RECEIVE THE APRIL 10 1990 APPEALS COMMISSION MINUTES:
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive the
April lo, 1990, Appeals Commission minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED IINANIMOOSLY.
4EE
pLANNING COBII�iI88ION KBETING, �PRIL 25. 1990 PAGE 32
ADJOURNMENT•
MOTION by Mr. Saba, seconded by Mr. Dahlberg, to adjourn the
meeting. �pon a voice vote, Chairperson Bet�old declared the
�otion carried aae the l�pril 25, 1990, Planninq Commission meetinq
adjourned at 12:is a.�.
Respectfully submi ed,
.7
��'�--
yn Saba
Recording Secretary
f
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C011IlMUNITY DEVELOPMENT
DEPARTMENT
MEMORANDLIM
DATE: May 3, 1990 /'j•
• ��
TO: William Burns, City Manager ��
FROM:
SUBJECT:
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Establish Public Hearing for Rezoning, ZOA #90-
02, Fridley Town Square Associates
Councilman Billings has requested that the City Council establish
the public hearing for the rezoning request from C-1, Local
Business and R-1, Single Family Dwelling, to S-2, Redevelopment
District by Fridley Town Square Associates for June 4, 1990. Staff
recommends the City Council establish June 4, 1990 as the public
hearing date for this rezoning request.
BD/dn
M-90-299
4JJ1
�
t
��N �
FRI DLEY
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
4KK
STAFF REPORT
APPEALS DATE
PLAMrVG COWMISSION DATE : Ap r i 1 2 s, 19 9 0
�TY (��1GGL �A� : May 7, 1990 AUTHpq BD/dn
SITE DATA
SIZ E
DENSITY
PRESENT ZON�1G
ADJACENT LAND USES
� Z�i�
UTi1TE$
PARK DEDICATION
ANALYSIS
FlNANCIAL IMPLlCATIONS
CONFORMANCE TO
COMPREFfJ�tSNE PLAN
COMPAT'BILITY WITH
ADJACENT USES 8► ZONNG
ENVIRONMENTAL
GON.S�ERATIONS
STAFF RECOMMEPIDATION
APPEALS RECOMMENDATION
PLANNING COMMtSSION
� RECOMNIENDATiON
ZOA 4690-02
Fridley Town Square Associates and Urban Commercial Devel
Rezoning from R-] and C-I to S-2
Northeast corner of University Avenue and Mississippi
Street
2.86 acres
NJA
R-1 and C-1
North - R-1, Single Family; East - R-1, Single Family;
West - C-3, Shopping Center; South - S-2, Redevelopment
Services available
Park dedication fees payable at time of building permit
HRA has approved conceptual agreement for TIF assistance
Yes
Yes
N/A
Approval with stipulations
Denial; 4 to ]
4LL
Staff Report
ZOA #90-02, Urban Commercial Developers
Page 2
PROPOSAL
The petitioner is requesting a rezoning of Lots 10 through 12,
Block 2, Rice Creek Terrace Plat l, which contains the 10,000 Auto
Parts building and is now zoned C-1, to the S-2, Redevelopment
District. Lot 9, Block 2, Rice Creek Terrace Plat 1 and Lots 12
through 16, Block 3, Rice Creek Terrace Plat 2 are now zoned R-1
and are also proposed to be rezoned to the S-2, Redevelopment
District. Lots 13 though 16, Block 3, abut 66th Avenue and are now
vacant. Lot 9 and Lot 12 contain existing single family homes.
All of the properties, except for Lot 9, Block 2, and Lot 12, Block
3, are part of the Center City Redevelopment District. Should the
project and the rezoning be approved, the HRA and the City Council
would initiate the process to add these two single family lots to
the Center City Redevelopment District.
The petitioner is proposing to construct a 28,230 square foot one
story neighborhood retail center. The developer has purchase
agreements with the two single family property owners, and the
owner of the 10,000 Auto Parts site.
ADJACENT ZONING AND USES
To the south of the site across Mississippi Street is the S-2
District, which contains the Target Northern Operations building,
the Municipal Center, and the Fridley Plaza Office building. Holly
Center is zoned C-3, General Shopping Center District, and is
located in the northwest corner of the intersection. A variety of
commercial uses are located in the southwest corner of the
intersection, and they are also zoned C-3, General Shopping Center
District. The southwest corner contains ten acres and is known as
the "Southwest Quadrant". It is a major redevelopment priority for
the City. Single family uses and zoning exist to the north and
northeast of the subject site. All four corners of the
intersection are within the Center City Redevelopment District.
ZONING HISTORY
The Rice Creek Terrace Plat 1 contains the platted lots along
Mississippi Street and was p].atted in 1942. The Rice Creek Terrace
Plat 2 which is located to the north and northeast on 66th Avenue
of the subject property was platted in 1950. The subject property
has been zoned C-1 and R-1 since 1958 ; however, there have been
other rezoning requests regarding this property.
In 1962, Theisen's Market (the Theisen Partnership still owns the
property) petitioned to rezone Lots 13 through 16, Block 3, Rice
Creek Terrace Plat 2 from R-1 to C-1 (these are the lots which abut
4MM
Staff Report
ZOA #90-02, Urban Commercial Developers
Page 3
66th Avenue N.E.). The proposed building was not only to contain
the grocery store but other retail facilities as well. The
building was proposed to be located in a north/south fashion,
facing University Avenue with the rear of the building parallel
with the east lot line. At that time, access was proposed from
66th Avenue as well as from Mississippi Street. On June 28, 1962,
the Planning Commission recommended denial of the proposal. Our
records indicate that no further action was taken by the City on
this matter until 1964, at which time another rezoning application
was filed from R-1 to C-1S. On May 14, 1964, the Planning
Commission recommended denial again on the rezoning action. This
matter was considered by the City Council on May 18, 1964 and the
rezoning request was referred back to the Planning Commission to
do a land use study of the Mississippi Street and University Avenue
intersection. The City at this time apparently began its planning
process for this area. The City Council took no action on the
rezoning request and advised Mr. Theisen to work with the HRA
regarding the redevelopment ideas for the intersection.
In 1965, the City approved the construction of the existing
cammercial building now occupied by 10,000 Auto Parts and Kokesh
Motorcycles. Originally, the building was used as a grocery store.
In 1973, another rezoning request was filed to rezone the same four
lots from R-1 to C-1 for a proposed hardware store. The petitioner
at that time was the Bryant-Franklin Corporation. The Planning
Commission recommended denial of the rezoning request. On February
26, 1973, the City Council denied the rezoning request.
In 1977, the Red Owl store vacated the building and since that
time, a variety of uses have occupied the building, including a
furniture store and carpet remnant facility.
CENTER CITY REDEVELOPMENT DISTRICT
The City Council approved the Center City Redevelopment Plan on May
15, 1979. The findings for the tax increment district referred to
the "severe traffic safety problem" at the intersection of
University Avenue and Mississippi Street. Secondly, the findings
noted that the land north of 10,000 Auto Parts "has not been
commercially developed or intensely developed, due ta severe access
and traffic problems, small land area, and its location abutting
a single family residential area". The redevelopment plan noted
that the land area has had several proposals for development but
because of the traffic problem, small land area, and its location
near a single family residential area, each development proposal
has been denied.
4NN
Staff Report
ZOA #90-02, Urban Commercial Developers
Page 4
In an attempt to develop this intersection in accordance with the
objectives of the Center City Redevelopment Plan, the HRA has
assisted in the reconstruction and rehabilitation of the Holly
Center and has completed redevelopment of the southeast corner
where the Target Northern Operations building now exists, as well
as the Fridley Plaza Office building.
The HRP, has considered the impact of the redevelopment of the
northeast corner on potential redevelopment uses at the southwest
quadrant. If the proposed retail center is constructed on the
subject property, the uses in the southwest quadrant will more than
likely consist of a mixture of office and residential uses rather
than retail uses.
On April 18, 1990, the HRA recommended approval of the proposed
development plan as is required by the S-2, Redevelopment District.
The HRA discussed the issue of the impact of the proposed retail
facility on existing retail within the area. The petitioner
presented a"competition profile" (see attachments) which noted the
following findings:
1. Walgreen's is the proposed anchor tenant and will occupy
11,000 of the 28,000 square foot facility. The remaining
17,000 square feet will be added to retail stock into the
City. The petitioners state that this is a relatively small
amount of retail to add to the existing stock of retail
centers.
2. The intent of the proposed shopping center is to serve as a
neighborhood facility and to take advantage of the existing
traffic flow along University Avenue and Mississippi Street.
The petitioners state that they believe that it will not
adversely affect Holly Center or Moore Lake Commons.
3. The HRA chairperson noted that the proposed project is a
modern facility which may attract existing tenants from other
less desirable centers around the area. The Commission
chairman noted a long term goal of the Center City District
is to redevelop the Moon Plaza property as well as other
blighted commercial areas along University Avenue.
The HRA also approved preparation of an approximately $300,000 pay-
as-you-go redevelopment agreement to be reviewed at a future
meeting.
REZONING REQUEST
In evaluating rezoning requests, the City should determine whether
or not the proposed intent of the district is compatible to the
aoo
Staff Report
ZOA #90-02, Urban Commercial Developers
Page 5
existing zoning and existing uses, and whether or not the proposed
uses permitted in the district are compatible with the existing
conditions.
The ordinance states that the purpose of the S-2 District is to:
1. allow for a mixed use development within the redevelopment
` districts;
2. allow maximum flexibility in the promotion of difficult
redevelopment projects;
3. allow for a development by a plan which is acceptable to and
in the best interest of the City and overall district and
development plan.
The S-2 District requires that the only uses that are acceptable
within the district are those that are presented in the specific
development plan approved by the City. The ordinance also provides
that those uses which are determined to be unacceptable to the
overall redevelopment plan shall be excluded from the S-2 District.
As a way of comparison, the S-2 District is very similar to the
intent and purpose of a PUD district. While the subject proposal
does not include housing, there will be a mixture of retail and
office uses within the development. As the redevelopment plan for
this district notes, because of the small land area involved with
this project as well as its location next to a single family
district, the flexibility provided in the S-2 District is necessary
to accomplish a redevelopment project in concert with the
objectives of the Center City Redevelopment District.
SITE PLAN ANALYSIS
Because the intent and the uses permitted in the S-2 District is
based on a specific development plan, the analysis to determine
whether the rezoning is appropriate is based on the following
issues:
1. Site plan design and relationship to the surrounding
neighborhood
2. Traffic impacts
3. Relationship of the proposed plan to the ongoing light rail
transit planning
4. Consistency with the redevelopment objectives of the Center
City District
4PP
Staff Report
ZOA #90-02, Urban Commercial Developers
Page 6
SITE PLAN DESIGN
The enclosed site plan in this report represents a revision from
the original plan presented to the neighborhood at the first
neighborhood meeting and to staff upon initial application. The
plan has been revised such that the parking spaces provided for the
development is calculated on a 1 space per 200 square foot ratio,
and secondly, that the setbacks along the north lot line along 66th
Avenue and along the south lot line along Mississippi Street have
been increased to 15 feet. The total lot coverage has been reduced
from 90� to 84$.
The S-2 District does not require specific setbacks, but the plan
has been designed to meet as much of the typical requirements as
possible. The S-2 District does require that the performance
standards (screening, drainage, lighting, etc.) of a similar
district be met. The site design differs from a typical C-1 zoned
property in that the building setback along University Avenue is
30 feet rather than the required 35 feet. Secondly, the parking
lot setbacks along public right-of-ways are typically 20 feet.
Fifteen foot setbacks are proposed along 66th Avenue and
Mississippi Street and a five foot setback is proposed along the
east and west lot lines.
A LRT station and platform is proposed to be located between the
west side of the building and University Avenue. The reduced
setback should not adversely affect the neighborhood or operation
of the LRT station. Concerning the parking lot setbacks along
Mississippi Street, because there is only one entrance for all
types of traffic movements, both trucks and automobiles, the
petitioner wanted to reserve a wide aisle width (28 feet) between
the most southerly row of parking and the Mississippi Street
parking setback. Trucks entering the site will proceed in a one-
way traffic pattern around the site from west to east. As to the
setback along 66th Avenue, 15 feet has been created to match the
typical ordinance requirement for a typical planting strip along
right-of-ways across from residential districts. Within the 15
foot strip, the petitioner proposes to install a six foot masonry
wall and landscaping. The six foot wall is proposed to be
continued along the east lot line coupled with various plantings
of five foot tall lilacs and boston ivy plants.
On July 5, 1966, the City Council waived the 15 foot planting strip
along the east line so that a six foot redwood fence could be
constructed between the Red Owl property and the single family
neighborhood. This policy has been enforced in other areas of the
City (for example, between the commercial properties along the
University Avenue frontage road and the rear of the residential
properties to the east, south of 61st Avenue).
4 ! !
Staff Report
ZOA #90-02, Urban Commercial Developers
Page 7
The petitioner has held two neighborhood meetings and has been
trying to work with the property owners immediately abutting the
site as to their desires for screening and landscaping.
The construction materials of the proposed building will be a rock
face masonry block accented by a maroon stripe. A blue mansard
roof is proposed. The screening wall will match in color to the
exterior of the proposed building.
Staff recommends that six additional American Linden trees be
installed along the north lot line 50 feet on center. Staff also
recommends replacing the Honey Locust species with hackberry, and
the annabel hydrangea with rosa rugosa species. The Honey Locust
species may not survive in small compacted areas, and the rose bush
species are more salt tolerant.
Three 20 foot light standards are proposed in the southern-most
parking aisle. "Shoebox" high pressure sodium lights are proposed.
The shoebox design shields the source of the light from neighboring
residences and directs the glare of the light down on the property.
The height of the building will also help screen the lights, as the
height varies between 20 to 25 feet.
UTILITIES
Runoff from the property will be directed to the north and south.
The runoff from the northern part of the property is proposed to
be directed to the north of the site into a series of catch basins
from the northeast corner to the northwest corner into the catch
basin on the corner of 66th Avenue. On the southern part of the
site, two catch basins are proposed between the two parking aisles
in front of the building which will eventually direct it south to
an existing catch basin in Mississippi Street. Drainage
calculations must be submitted at time of building permit.
Utility service to the property will be provided by connection to
the water main and sewer service in 66th Avenue.
TRAFFIC IMPACT
The City hired Barton-Aschman and Associates to analyze the impact
of the proposed development on the existing traffic system as well
as the proposed intersection improvement contemplated by Anoka
County. The study has been included in the packet under separate
cover. We also plan to show a video tape of the existing traffic
conditions at the intersection at peak hour between 4:30 p.m. and
5:30 p.m.
The neighborhood was concerned that the traffic queue from traffic
waiting at the University Avenue stoplight backs up such that it
would block the proposed intersection. Secondly, the neighbors are
4RR
Staff Report
ZOA #90-02, Urban Commercial Developers
Page 8
concerned about the turning movements into the site as well as out
of the site.
In order to improve the access situation, the distance between the
intersection and the entrance into the property needs to be
lengthened. Consequently, the petitioner has executed purchase
agreements with the property owners at 355 Mississippi Street and
368 - 66th Avenue. The additional frontage along Mississippi
Street provides 340 feet between the property line along University
Avenue and the entrance into the property. This distance exceeds
that of most frontage road entrances by 100 to 150 feet (i.e.
Osborne Road, 73rd Avenue, and 61st Avenue).
The. videotape will indicate that stacking does not occur on
Mississippi Street past the 10,000 Auto Parts building during peak
hour. This entrance into the property will occur approximately
where the driveway to 355 Mississippi Street now exists. Secondly,
the videotape will also show that eastbound traffic on Mississippi
Street waiting at the stoplight on the west side of the
intersection is divided into two lanes. The videotape will show
that the farthest left turn lane is used exclusively for the left
turn movements and that the optional lane is primarily used for the
through traffic. Traffic does not begin to merge over into the
left hand lane until one passes through the intersection and
proceeds to the area of the Target parking lot. Given that the
entrance into the development will be farther east than the access
now exists, additional sight time is provided for the driver to
notice cars waiting to turn left into the site.
Please refer to the findings on pages 17-18 of the traffic study.
It analyzed the turning movement impacts from the site and
determined that the proposed development will not significantly
reduce the level of service in either the existing or the proposed
geometric design of the roadway. The consultant has recommended
that the proposed driveway entrance for the site be designed with
an 18 foot entrance lane, and two 12 foot exiting lanes.
TIMING WITH THE MISSISSIPPI STREET IMPROVEMENTS
Anoka County has developed construction plans to improve the
capacity of Mississippi Street and to improve the signal phasing
of the intersection (a copy of the improvements is included in the
attachments). The Anoka County Public Works Department has advised
the City that the proposed development plan is acceptable with the
existing design of Mississippi Street. Shifting the driveway to
the east improves the existing traffic situation, as described
earlier. It is the City's intent to work toward a 1991 start date
on the Mississippi Street and University Avenue intersection
improvement project. Anoka County is awaiting the necessary right-
4SS
Staff Report
ZOA �90-02, Urban Commercial Developers
Page 9
of-way easements from the City on the west side of University
Avenue to initiate construction. The HRA is currently working with
the necessary property owners to obtain these easements.
LIGHT RAIL TRANSIT
Tim Yantos, in a letter dated April 19, 1990, summarizes the Anoka
County Regional Railroad Authority's current position on the
proposed development. Yantos requests that easements be reserved
along the Mississippi Street property line, the east lot line, and
on the property itself. Initially, the ACRRA intends to use the
site as a kiss-and-ride location. Buses would drop-off potential
riders on Mississippi Street. Should the need arise for all day
park-and-riders, ACRR.A would create an additional row of parking
stalls along Mississippi Street. If long term demand shows an even
greater need for additional park-and-ride facilities, ACRRA may
consider constructing a park-and-ride lot north of the site between
66th Avenue and 67th Avenue, requiring acquisition of about eight
homes. Access would be only from Mississippi Street, and the
driveway to the park-and-ride along the east side of the proposed
building would have to be widened.
• It should also be noted that the peak hour of the LRT traffic in
the evening will �be later than the peak hour for the shopping
center. This is based on information provided by ACRRA's
consultant.
PROPERTY VALUES
The City Assessor has analyzed the impact of the proposed center
onto adjacent property values (the City Assessor will be present
at the meeting to answer questions). The Assessor states that a
possible valuation decrease could occur on the two homes that abut
the project on the east and the homes immediately north on 66th
Avenue. But, there are no direct comparables to determine whether
or not these valuations will be accurate.
STJNiMARY AND RECOMMENDATION
The proposed site development plan is compatible with the adjacent
uses and zoning. Given the HRA's analysis that the project is
consistent with the Center City Redevelopment Plan, the positive
conclusion of the traffic study and the proposed site development
plan, staff recommends the Planning Commission recommend approval
of the rezoning request from C-1 and R-1 to S-2, Redevelopment
District, subject to the following stipulations:
1. The development shall be constructed in accordance with site
plan dated March 8, 1990, as represented in ZOA #90-02.
4TT
Staff Report
ZOA #90-02, Urban Commercial Developers
Page 10
2. The landscaping plan shall be revised to include:
a. six American Lindens along the north lot line;
b. Honey Locust trees shall be replaced by Hackberry trees;
c. Annabel Hydrangea species shall be replaced with rosa
rugose.
3. The petitioner shall pay park dedication fees prior to
issuance of the building permit.
4. Storm water management calculations shall be submitted prior
to issuance of the building permit.
5. All rooftop equipment shall be screened from view from the
public right-of-ways.
6. The petitioner shall obtain development contract approval from
the HRA.
7. The petitioner shall execute a maintenance agreement for the
landscaping and parking areas.
8. No automotive service uses, car sales, or other outdoor
repair/display uses shall be permitted.
9. The City shall have the right to review each use within the
center to determine whether or not it is consistent with the
intent of the Center City Redevelopment Plan.
10. The site plan shall be revised to provide one 18 foot entrance
lane and two 12 foot exit lanes.
11. Shared parking and access easements shall be provided on the
property for LRT kiss-and-ride traffic, and specifically along
the east and south lot lines.
12. All lighting shall be shielded such that the glare does not
adversely affect residential properties.
13. All parking and driving areas shall be lined with concrete
curb.
14. All dumpsters shall be screened in accordance with the City's
ordinance.
15. Underground irrigation shall be provided to landscaped areas.
4UU
Staff Report
ZOA #90-02, Urban Commercial Developers
Page 11
16. A comprehensive sign plan for free-standing and wall signs
shall be submitted for review and approval by the City
Council.
PLANNING COMMISSION ACTION
In a 4 to 1 vote, the Planning Commission recommended the City
Council deny the rezoning request, ZOA #90-02, from C-1, Local
Business and R-1, Single Family, to S-2, Redevelopment District.
The Planning Commission determined that the LRT issue should be
resolved prior to making a recommendation for the development of
the property for commercial/retail use (please refer to minutes).
CITY COUNCIL RECOMMENDATION
The zoning ordinance requires the City Council conduct a public
hearing for rezoning requests. Councilman Billings has requested
that the public hearing be conducted on June 4, 1990. Staff
recommends the City Council establish the public hearing for June
4, 1990.
CITI' Ol' FI:ID]•�Y
PLT I'TION CO'JF:R Si{ELT
Petition No. 1-1990 _
D1te F.E=eived Mareh 12, 1990
Cbject
Opposed to Urban Commercial Developer's proposed _
28,000 square foot "town square" retail sho inq
center at the northeast corner of University Avenue
and Mississippi Street
Date -
P�tition CheckEd By
per.cent Sibnir.g
Referred to City Council
Disposition
4VV
4WW
PETITION
We the undersigned are opposed to Urban Commercial Developer's
proposed 28,000 square foot "town square" retail shopping center
at the northeast cozner of Unive=sity Avenue and Mississippi
Stzeet.
This development is unwazranted and would greatly diminish the
quality of the adjoining residential neighbothood. Specifically,
we believe there are several zeasons why this project should not
be approved as proposed:
(1) It requires the removal of two existing homes and the
ezection of a towezing concrete wall along the
perimeter of the property. The sheer magnitude of the
wall would be an eyesore to residents in adjacent homes
and would czeate resident concern about maintainence of
a graffiti-free wall.
(2) We recognize the fact that an undezground sprinkler
system is to be installed, but that alone does not
assure that the grounds will be well manicured.
(3) The same type of retail shops as are being propose� on
the 10,0g0 Auto Parts site already exist at Holly
Center just across the street. Additional retail is
not necessary in such close proximity to Holly Center.
(4) Residents aze concerned about the negative impact
increased tzaffic along Mississippi Street will have on
the safety of children walking to and from Hayes School
and on the increasec3 potential foz accidents and
bottlenecking due to the stacking of cars making a left
hand tuzn into the shopping center from the eastbound
lane on Mississippi Street.
(5) Many zesidents in the neigborhood abutting this
proposed development have resided in their home for
years and years. They take pride in their immediate
neighborhood and consider their residential area to be
much more than just a home on a street in Fzidley.
We are requesting the Planning Commission recommend this proposed
development BE VOTED DOWN by the City Council and that the City
Council adhere to that recommendation. �
Name Address
4XX
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CITY OP FI:IDI.EY
P�TI'iION C(>'d: R SHEL•'T
Petition No. 2-199Q_—
Date F.eceived April 23, 1990
Object �posed to Urb n � —
28,000 square foot "town square" retail shoppiing _
center at the northeast corner of University Avenue
and Mississippi Street
P�titio�1 Checked Iiy
Date
Per.cent Signing
Rt-ferred to City Council
Dis?osition
, �
4CCC
PETITION
hTe the undersig,�e� are opgosed to Urban Commercial Developer's
proposed 28,000 squarE foot "town square" retail shopping center
at the northeast cci�er of L'niversity Avenue and Mississippi
Street.
This develo�ment is ::nwarranted and would greatly diminish the
ouality of the aojoir_ng resiccntial r,eighborhood. Specifically,
we believe there aze severa] re�sons why this pzoject should not
be approved as proposed:
(1) It requires the removal of two existing homes and the
erection of a towering concrete wall along the
p�rimeter a_` the property. The sheer magnitude of the
wUll would `.2 an ey�•�ore to residents in adjacent homes
anc would c:eate resident concern about maintainence of
a yraffiti-free wall.
(2) We recognize the fact 'that an und�rground sprinkler
s��stem is :o be ir.stalled, but that alone does not
assure that the grounds will be well manicured.
(3} Ti-�e same t�•re of retail shops as are being proposed on
t}.e 1?,�CC Nutc Farts site a2ready er.ist st Hclly
Cc-nter jus� across the street. Additional retail,is
nc'� necess�r:• ir such close proximity to Holly Center.
(�) F.csidents �=e concerned about the negati��e impact
ir.��reased t�aific a?ong Mississippi Street will have on
tt�e saiety cf chi].cren walking to an8 from Hayes School
and on the incz�ased potential for accidents and
bc,' tleneckii:� due to the stacking of cars making a left
h.:nd turn _rt-o the =hoppino center from the castbound
1= :,e nn N,i �_� ssippi Street.
(5) N,�.ny resi�'�;nts in the neigborhood abutting this
p�cpcsed c_.clopmer�t have resided in their home for
y��r:rs and _ears. They take pride in their immediate
ncig}�l�onc�:.� and consider their resiuential area to be
m�.:�•h more t'.-;�n just a home on a street in Fzidley.
��7c are reau�-ting th� ^lannin; Commission recom�end this proposed
dev�lopment �E VOTE� �•OW2� by the City Council �n8 that the City
Counci 1 adhere to th4 � reco�rr�enc�ation.
4DDD
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205.22 �2 RIDivIIAP!'�NNT DLS'II2ICT RB�JI1►T�1S
0
�1' '� r�
�e purpase of this special zoning district is to:
A. �►llow for a mixed use development vithin special
tedevelofr►e�t districts set up under Chapter 462 of Minnesota
State Stawtes for the health, safety ana general velfare of the
Ci ty.
B. Allow for the maxim� flexibility in the promotion of
difficult redevelog'�►t projects.
C. Alla� for develo��t by a plan whi� is acoeptable to, and
in the best interest of, the City and the ovecall district and
3evelopnP�t plan.
2. [)S'E.5 P'f�2t�'iI'rI�D
Pemitted uses in S-2 Districts are:
Tt»se uses w!.id� are acaeptable to the overall tedevelopment plan
and specific developr�ent plans as approved by the City. Upon
appraval of the specific develog�t plans, the City shall determine
the specif ic uses that are permitted Within the develognent.
a. • �� �- . > • - �>
Uses alla+ed in each individual building after o�nstruction will be
the sar�e as or similar to those uses approved in Section 205.22.2.
above.
� . C�SFS iatCZtIDm
Those uses unacceptable to the werall redevelopment plan and
specific develop��t plans, as deterr,►ined by the City, are excluded
uses in S-2 Districts.
5. PRDC�SS iVR APPROVAL
A Plans foz each individual project or a�r.�bination of pzojects
must be submitted to the Planning Corunission for revieW and
r�dation to the City Co�cil. �e City C�►a�cil shall have
firtial authority to apprwe all project plans.
B. Project plans sutrnitted to the plarviing C,Q!nission and City
Oo�a►cil shall include the folloWing minim�n ctiteria:
.(1) Site plans shoWing the location of buildings,
a�f-street pnrking, street and utility locations, auto and
pedestrian access to and fran the pcoject, any modif ication
to existing services, grading plaris, storm Water plar�c,
Duilding exterior finish, li�ting ana 6icpiing and landscape
glans.
(2) Written aty ataf f revic�r on project compa ti bil i ty to
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(3) A vritten Housing and Redevelopment lluthotity (8RA) ,
teFort on project plan appzaval and considerati�s.
C. Arry s�sta.�tial modif i�ation to the plan must De submitted
through the Planning Comr�ission ar,d approved by the City
Oas�cil .
6. PERiv�v� STAr�x+R�s �ow�ua�
1�►11 performance standards foz uses in this district shall be
s�.'�xns
comparable to other oimilar uses that are a1loWed in otAer
d15tf 1Crt6.
❑
2��.SL-L
4HHH
of Minneapolis. Including Minneapolis, Fridley borders
aeven ■c�nicipalities: Columbia 8eights, Moundsview, New
Brighton, Spring Lake Park, Blaine, and Coon Rapids.
Fridley is located in the corridor of Anoka County and
aerves as the passageway between Minneapolis and the North
Central suburbs, and is an important center of development
in Anoka County.
Fridley is a first ring Minneapolis snburb and as such
developed initially as a'bedroom community" with only
neighborhood convenience centers along major access
routes. Fridley failed to develop a commercial concentra-
tion because no areas were planned that would support a
large diversified center. Consequently, Fridley is served
by regional centers outside its boundaries and is served
Nith scattered and strip oomoner�ial developments. Center
City (Tax Increment District No. 1) is such a strip commer-
cial development.
The City of Fridley has a long standing concern With its
commercial development. Immediately after the destructive
tornado of 1965, the City began an effort to redevelop. �
This 1965 zedevelopment effort was not implemented. Since
that tfine, very little development has taken place within
the comrnercia2 aren. The important aspect of recalling this
1965 effort is to illustrate that the redevelopment project
now being undertaken is an outgrowth of many past de�isions
and is not a reaction to immediate problems.
Subsection 1.3. Statement and Finding of Public Pur-�%�
�se. The Co�mmissioners (the 'Commissioners") of the Sous-
�nq and Redevelopment Authority (the "Authority") in and for
the City of Fridley, Minnesota (the "City") have determined
that there is a need for decelopment and redevelopment
within the corporate limits of the City to provide employ-
ment opportunities, to improve the tax base and to improve
the general economy of the City and the State of Minne-
sota. It is found that there are certain parcels of prop-
erty within the City which are potentially more useful,
productive and valuable than is being realized under exist-
ing conditions, and, therefore, are not contribnting to the
tax base of the City to their full potential. The Commis-
sioners have determined that said parcels of property are
deemed to be deteriorated areas, Mhich means any area, in-
cluding slum areas with buildings or improvements which, by
reason of dilapidation, obsolescence, overcrowding, faulty
arrangement or desiqn, lack of ventilation, light, and sani-
tary facilities, excessive land coverage or deleterious land
use or obsolete layout, or any combination of these or other
factors are Cetrimental to the safety, health, morals, or
Nelfare of the voiamunity, pursuant to Minnesota Statutes,
Section 462.421, Sub. 11.
ti
`�J� 1-- � �
1 - 3
~ 4111
SPECIFIC FINDINGS FC1R TAX INCREI�NT DISTRICT NO. 1
(CENTER CITY) INCLIIDE TSE FOLLOWING:
l. There is a severe traffic safety problem at two �j�v
major traffic intersections within Center City. 'I�
IIniversity Avenue at the intersection of Missis-
sippi Street has an average daily traffic count of
29,465 vehicles and Mississippi Street at the aame
fntersection has an average daily traffic count of
8,500 vehicles. At both the IIniversity Avenue and
61st Street intersections, the Pridley Police and
Safety Department has recorded an unusually high
incident of accidents to both property and life.
2. The Center City area due to faulty planning ha
land areas of vacant land that are stagnant an
underutilizec7. Specifically, that land 2ying north
of 10,000 Auto Parts has not been commercially
developed or intensely developed due to severe
access and traffic problems, small land area and
its location abutting a single family residential
area. This land area has had several proposals for
development but the above three factors have caused
each proposal to fail. Additionally, vacant land
lying south of the Rice Creek Shopping Center is
vacant due to poor traffic circulation and faulty
planninq that has severely limited frontage ex-
posure and access, and its location abutting a
residential neighborhood.
3. Existing development of the Christensen Shopping
Center is blighted and deteriorated in the follow-
ing areas. The Center has insufficient parking by
both Cfty ccde and practical experience. The park-
ing is poorly designea and must back into a highly
traveled service road. The Center is in general
disrepair, and lacks land area for sound commercial
expansion. This Center occupies a prime commercial
site on the southeast intersection of Oniversity
and Mississippi. This prime area fs poorly
utilized, poorly designed, in general disrepair,
and causes poor commercial land utilization in a
prime community location.
4. Immediately adjacent to the Christenson Shopping
Center is a warehouse land use. This warehouse is
owned and operated by Northwestern Bell Telephone
Company. The warehouse use requires outside
storage of supplies and equipment and utilizes a
large 1�.^.d area within a prime commercial and
employment area of the City. This use also con-
tributes to a general appearance of blight and
unkempt conditions.
1 - 4
4JJJ
5. The Fridley Sbopping Center is also blighted by the
fact of poor design, poor land subdivision and
zoning practices. Adjacent to tbe Fridley Shopping
Center are two single family bomes. This site
zestriction hampers orderly and economic expansion
of the commezcial area. Sufficient land area for
modern day commercia2 expansion fs lfmited, severe
conflicting land uses are present, and these
factors Iead to underutilized and poorly utilized
conanercial land development within a prime area of
the City.
6. Holly Center located in the northwest quadrant of
Dniversity and Mississippi intersection is blighted
and suffers from a safety hazard due to poor
traffic design. This Center according to a busi-
ness survey conducted in l�arch, 1979, is finan-
cially harmed due to traffic hazards and access-
ability. The aurvey showed over 90 percent of the
businesses believe that poor traffic circulation
has negatively harmed the economic viability of
this Center. Further, Holly Center is poorly
designed fn terms of traffic circulation within its
own parking lot and egress and ingress onto City
streets. This traffic situation and development
design is a safety hazard to property and persons
as documented by traffic accident counts and causes
an underutilization of prime commercial land in the
City.
7. In a business survey conducted auring March, 1979,
the business respondents feel, as does the City,
that Center City is blighted by the fact of unkempt
conditions, high turnover of operating businesses
and lack of pedestrian walking ways. These condi-
tions have been verified through photographs and a
business survey. These condi*_ions cause one of the
few prime commercial areas of the City to be under-
utilized, and to restrict employment opportunities
within the City.
SPECIFIC FINDINGS FOR TAX INCREMENT DISTRICT NO. 2(MOORE
I+ARE ) INCLUDE TIiE FOLLOWING :
AREA 1:
l. There is a severe traffic safety problem at Highway
65 and Rice Creek Road. This intersection is ser-
viced by inadequate frontage roads to the commer-
cial strip centers on both sides of the highway.
This intersection presently carries almost 35,000
1 - 5
�
4KKK
urban commercial developers, inc.
FRIDL$Y TOWN SQUARE
Competition Profile
Fridley Town Square is designed to be a neighborhood service retail center. The
tenants will be retail and service busi.neases who perceive a significant demand
for their product withi.n the local neighborhood. The center is designed to
service some of the everyday needa of the 46,000 people who live within two milea
of the intersection of University Avenue NB and Mississippi Street. The center
will also aerve the existing traffic flows on University Avenue and Miasiasippi
Street (37,000 and 10,000 daily traffic, respectively).
Although several retail centers exist at this location presently, alI the needs
of the local population are not being met. Many citizens of Fridley drive to
Northtown, Columbia Heights and other locations for some of their shopping needs.
Shoppers need convenience and will enjoy findi.n.g additional goods and services
close to home.
Walgreen Drug will anchor Fridley ToWn Square. Walgreens is an 11,000 aquare
foot drug store uhich will provide a wide variety of inerchandiae in addition to
pharmacy.
Walgreens has grown to be the largest drug atore chain in the country. This
growth has come from a commitment to the customer and the neighborhood. The
success of a new drugstore depends on convenience a�ad acceptance by the
community. Walgreens has been welcomed to over 400 new locations i.n the past
five years.
Will the new shopping center succeed only at the expenae of other retailers?
Definitely not. Fridley has groFin a great deal since Holly Center, Rice Creek
Plaza and Moon Plaza were built. Fridley has over 10,000 households. These
homes are occupied by people who have a much higher demand for goods and services
tha.n thase of twenty ysars ago_ The people appreciate convenience and t�,he people
benefit by competition. Competitive retailers will assure that the cummunity
enjoys a choice of goods and services at fair prices.
Will Fridley Tocm Square cause vacanciea at otber retail aenters? No. Fridley
Town square will be a 28,000 aquare foot retail facility. Other than Walgreens,
the center will bring 17,000 square feet of new retail space to the city. Holly
Center is ?3,000 aquare feet. The population growth since Holly was built
certainly warrants 17,000 square feet of new retail space.
Also, as the city coasiders redevelopment of the southwest quadrant, many
existing retailers will be seeking a new location. Fridley To�m Square will
provide a location where their existing clientele can coatinue.
�
4LLL
Will Fridley Town Square cause a slawer lease-up of Moore Lake Com�oons: No. O�ir
new retail space of 17,404 square feet could hardly be accused of alowing the
Ieasing of over 100,000 square feet of space almost two miles away. The fact
that these locations are far enough apart for each to be succeasful, is further
illustrated by the fact that the City of Fridley presently operates nnunicipal
liquor stores at each of these approximate Iocations. $ach of these locations
can be convenient to a profitable custo�er base.
Fridley Town Square will be a vibrant, first class shopping facility. The center
will be insulated fraa► the adjacent neighborhood by a decorative block wall and
extensive landscaping. The parking areas wi11 be safe and Well lit. The
landscaping will be sprinklered and professionally cared far. The building
materials will be permanent. No materials used will require pai.nting or
continueci maintenance, thus assuring a continued look of quality.
fridley.ltr
04/12/90
rJµ p C O`�i
v
4��'NE S��'
4MMM
COU NTY OF �4NOKA
Depanment of Highways
Paul K. Ruud, Highwa}� Engineer
1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520
April 19, 1990
City of Fridley
6431 University NE
Fridley, MN. 55432
Att: Barb D'arcy
Ref: Development in the Northeast Corner of CSAH No. 6
and Trunk Highway 47
Dear Ms D'arcy:
I have reviewed the informatian in our file regarding the redevelopment of the
10,000 Auto Parts site in the City of Fridley at the above referenced location. This
site also includes one single family house which according to our information has
been purchased by the developer of this site. That single family house is located
immediately to the east of 10,000 Auto Parts store along Mississippi Street.
In reviewing the information I have available it appears as though a modification in
our plans was made early in March to accomodate an entrance as shown in the
Barton Ashman Associates Report and as shown on the sketch which you fax'd me
yesterday. While an entrance with the anticipated volume of this particular
entrance is not desirable this close to a very busy intersection, the final design
arrived at appears to have been made with a conscientious effort to limit its impact
on trafiic flows. For that reason Anoka County would c�ncur in the cities �roposal
to install a driveway at this location as shown on your plan and will provide for a
reduced left turn lane as shown on the fa.x sheet at that location.
In reviewin� the plan further it appears that no additional modification of our
proposed alignment will be necessary, with the single exception of the possibility of
addmg a short island to the east of the left turn lane to better defne it. As an
alternate we will be reviewing the possibility of painting this island on the
bituminous.
Affirmative Action / Equal Opportunity Empioyer
4NNN
-2-
If you have any questions regarding this matter, please feel free to contact me at
Ison, PE
County Engineer - Construction
mjl/D'ARCY
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ANOKA COUNTY REGIONAL RAILROAD AUTHORITY (ACRRA)
Paul McCarron, Chairman
Dan Erhart
Natatie Hass Steffen
Nick Cenaiko
Barb Dacy, Planning Coordinator
City of Fridiey
6431 University Avenue N.E.
Fridley, MN 55432
Dear Barb:
Margaret Lengfeld, �ce Chairman
Bob Burtnan
Jim A. Kordiak
April 19, 1990
The following is an update on the proposed Mississippi Street LRT station location.
The Anoka County Regional Railroad Authority continues to analyze potential light rail transit station
locations along the University and Central alignments. The Anoka County Regional Railroad
Authority is currently working with the City of Fridley to identify a light rail transit station location
at Mississippi Street. This station will provide access from the Fridley area to a regional LRT
system and improve transit service to the entire Fridley City area, the business and commercial
area surrounding the station, and to the City offices.
The proposed LRT track location on the east side of University Avenue and the current land uses
around the intersection favor location of the station in the northeast corner of the intersection.
Many of the characteristics that make this location attractive for the station, also make it attractive
for private development, however. Therefore, the Anoka County Regional Railroad Authority has
been working with the City and a developer to identify a station location and design that can
accommodate the functional needs of the LRT station without conflicting with private development
opportunities in downtown Fridley.
An analysis of the current development proposal and station requirements has resulted in the
following station plan. The station platform would be located immediately north of Mississippi
Street. Feeder buses would stop on Mississippi Street for riders to transfer to the LRT station.
An easement would be provided by the developer within the private development site to
accommodate drop-off LRT passengers.
Telephone (612) 421-4760, extension 1171; Fax (612) 422-7511
Anoka Cour�ty Courthouse, Administration Office, 325 E. Main Street, Anoka, MN 55303
4RRR
April 19, 1990
Page Two
On a long-term basis, all-day park-and-ride spaces may also become necessary at the station. In
order to maintain the opportunity for park-and-ride service at the station, the developer would also
provide an access easement along the east boundary of the property from Mississippi Street to
66th Avenue N.E. This easement would provide access to long-term parking located north of the
development between 66th and 67th, 'rf that parking became necessary.
This coordinated approach provides the opportunity to offer a high level of transit service to the
area while reinforcing City development plans for the area.
We look forward to our continued working relationship with the City of Fridley as the Anoka County
Regional Railroad Authority and the region continues its plan for a light rail transit in the northeast
corridor.
Sincerely,
1����
Tim Yantos
Deputy County Administrator
TY:Ip
cc: Commissioner Paul McCarron
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DATE:
TO:
FROM:
SUBJECT:
C�INLMUNITY DEVELOPMENT'
DEPARTMENT
MEMORANDUM
4SSS
March 2, 1990
William Burns, City Manager
Jock Robertson, Community Development Director
✓ Barbara Dacy, Planning Coordinator
Value and Tax Impacts on Properties Adjacent
to 10,000 Auto Parts Redevelopment Site;
Fridley Town Square
Attached is the analysis prepared by Leon Madsen in response to
Councilman Billings' request after the neighborhood meeting on
February 15, 1990. Please forward this information to Councilman
Billings and review it, and return any comments.
BD/dn
M-90-152
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The rational for value reductions, to the land componant of total residential
property values, is based on a policy that has been incorporated in the valuation
process used by the Assessor's office for many years. That policy is to apply
a lower land value base factor to properties that abut commercial or industrial
zoned properties. The logic for this policy lies in the generally recognized
theory that, if a purchaser had a choice between 2 identical properties for the same
price, one located next to a commercial property and one not so influenced, he or she
would typically buy the one NOT by the commercial. This is because the typically
motivated home buyer desires the peace and quiet of a more homogeneous locatiuon.
Proof of this theory must be found in the comparison of actual sales of physically
identical, or nearly so, properties in both types of locations. As a practical
matter, sales for this type of "clinical" analysis are rare in sufficient
quantity. We must, therefore, assume thai the theory is valid and proceed
with the best attempts to translate the idea to appraisal practice.
The bases for the above projected reductions comes from the application of ihe
policy to the similarily located homes lying north of Holly Center, just
across University from the proposed project. Homes abutting Holly Center
are valued approximately �2500 less than their neighbors ac►oss 67th Ave.
This same policy has been applied in other areas of the City where single-
family residentia! is similarily located, howeve�, not necessarily at the
$2500 difference. The difference depends on the quality of the neighborhood.
�
-�'-�-
�4VVV
CITY OF FRIDLEY
HOUSING AND REDEVELOPMENT AIITHORITY MEETING, APRIL 18, 1990
NwnAr Nwnwrw�rAr�r��YtiMAUAMM�MArw,�ti�M�,►M�ANN���►A�M�Mrtiti��M�I�rAMw1��A�►r�►Ar��M w�w��Y
CALL TO ORDER•
Chairperson Commers called the April 18, 1990, Housing and
Redevelopment Authority meeting to order at 6:38 p.m.
ROLL CALL•
Members Present:
Members Absent:
Larry Commers, Virginia Schnabel, John Meyer,
Duane Prairie, Walter Rasmussen
None
Others Present: Jock Robertson, Executive Director of HRA
William Burns, City Manager
Barbara Dacy, Planning Coordinator
Rick Pribyl, Finance Director
Dave Newman, HRA Attorney
Scott Erickson, UCD
Tom Schuette, UCD
Dave Koski, Barton-Aschman Associates
APPROVAL OF MARCH 8 Z990 HOUSING & REDEVELOPMENT AUTHORITY
MINUTES•
MOTION by Mr. Prairie, seconded by Mr. Rasmussen, to approve the
March 8, 1990, Housing & Redevelopment Authority minutes as
written.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED
THE MOTION CARRIED IINANIMOUSLY.
ACTION ITEMS•
1. REVISED UCD REDEVELOPMENT PROPOSAL FOR 10.000 AUTO PARTS_SITE:
Mr. Robertson stated there are four components that need to be
reconsidered in a revised proposal by UCD:
1. Financing. UCD has revised their request back to pay-
as-you-go.
2. Questions of neighborhood compatibility were raised and
considered at the last HRA meeting. Some revisions have
been made on this.
4WWW
HOUSING � Rl:DEVELOPMENT AIITHORITY MTG., APRIL 18, 1990 - PAGE 2
3.
:�
Financinq
Traffic questions. A traffic study has been done which
staff believes answers the questions raised at the last
HRA meeting.
Timing. How will the proposal fit with the intersection
improvements and redevelopment of the southwest quadrant?
Mr. Robertson stated that with the demise of the 10,000 Auto Parts
Company and its lease, the developer has been able to return to the
original concept of financing as a pay-as-you-go grant, rather an
up-front grant upon substantial completion of the project. With
a pay-as-you-go grant, the grant comes only and from the funds paid
by the development in property taxes. Essentially now, the
developer needs an extra $100,000 for the carrying costs for that
$200,000. It looks like it would be in the neighborhood of
$300,000 for five years or up to $315,000 for six years.
Mr. Robertson stated the $300,000 is very comparable--a little over
9� of the estimated construction costs--to the 8� the HRA approved
previously for Northco.
Mr. Rasmussen stated he wondered about the permanent financing and
the construction financing. At what point does the developer
deliver a firm commitment on the permanent and the construction
financing?
Mr. Scott Erickson, UCD, stated they have started the construction
financing process now, and they hope to be able to deliver a letter
of commitment for the construction financing within 60-75 days.
That commitment will contain certain prerequisite requirements for
funding for closing, the primary one being a 70-75� preleasing
agreements with leases that are approved by the lending bank. The
lending bank does the same in-depth analysis on each of the lessees
UCD brings to the project.
Mr. Erickson stated the financing banks and savings and loans today
apply a lot more scrutiny to proposed projects and financing before
they will deliver a commitment. Approximately 40� of their project
is represented by a major national retailer, Walgreen. In addition
to the Walgreen Store, they will have to prelease an additional
7,000 sq. ft. in order to meet their funding commitment. They will
not get a commitment letter from the lending institution unless
they believe right up front that this is a viable project. At this
point in time, with their experience in the last couple of years
in the buildings they have financed and the individual who is
arranging the financing for them, their confidence level is very
high on this project.
4XXX
HOUSING � REDEVELOPMSNT AIITHORITY MTG., APRIL 18. 1990 - PAGE 3
4uestions of Neiqhborhood Compatibility
Mr. Robertson stated this concerned two topic areas:
(1) the relationship of the project to the proposed LRT
station at this intersection, particularly it was an intrusion
issue, in the possibility that homes might be taken in the
future by the Anoka County Rail Authority for a park and ride
station.
(2) the buffering and compatibility with the homes that are
immediately adjacent to the project. There are four homes to
the north across 66th Avenue and two homes to the east in
addition to the two homes on which the developer already has
purchase agreements.
Mr. Robertson stated Barbara Dacy, Planning Coordinator, has been
working on both these issues, and she is at the meeting to discuss
these with the HRA.
Ms. Dacy stated the developer has updated the site plan to
incorporate the comments to increase the buffering and screening
on the property. They have increased the setback 15 feet along
the north lot line along 66th Avenue, have reduced the number of
parking spaces on the site, have increased the front setback to 15
feet, and are still proposing a minimum 6 foot masonry wall in a
style consistent with the exterior of the proposed shopping center.
Ms. Dacy stated the developer conducted a second neighborhood
meeting the end of March. They tried to work with the neighbors
immediately abutting the area to the east and across the street on
66th Avenue to see what types of landscaping, vegetation, location
of fence, etc., the neighbors wanted. The developer is still in
the process of working with the homeowners.
Ms. Dacy stated the neighborhood continues to be concerned the
typical maintenance issues regarding the shopping center. The
neighborhood is used to seeing some litter and debris on the
existing property, and they are concerned that is going to
continue. In a case like this, in the Moore Lake Commons
agreement, the HRA required a maintenance agreement to keep the
landscaping healthy and keep the grounds clean, etc. Staff would
recommend the HR.A implement the same maintenance agreement for this
project as a condition of approval.
Ms. Dacy stated that regarding the LRT issue, Anoka County is
continuing to look at the site as a"kiss and ride" versus a"park
and ride'�. Anoka County is continuing to refine their projections
for the demand of a"kiss and ride" versus a"park and ride" lot.
They have reviewed this revised site plan, because in deference to
the first site plan, the parking along Mississippi Street has been
�j �T�
L�
HOOSING & RBDEVELOPMENT 1�lDTHORITY MTG., APRIL 18. 1990 PAGE 4
removed because those spaces were only 5 feet from the property
line which was in conflict with the City's setback requirements.
Ms. Dacy stated Anoka County has recommended that as a"kiss and
ride" if the LRT station is to be located here, they want to
reserve an easement along the front area so they would have the
ability to install additional parking spaces, when the LRT line is
constructed.
Ms. �Dacy stated that summarized the neighborhood compatibility
issues. The other major issue the neighborhood is concerned about
it, of course, the traffic issue, and Mr. Robertson will address
that.
Mr. Meyer stated his objections or concerns on the property are
not confined only to traffic impacts. He is still not satisfied
that the HRA is analyzing this development as a needed and
desirable development for the City of Fridley. Again, this is a
philosophical point: To what extent should the HRA concern itself
with putting in another shopping center that is going to be in
competition with other centers that are gasping for financial life,
whether it be iiolly Center, Moon Plaza, Rice Plaza, Skywood Mall.
Here is another development that would be using public monies. At
some point, the HRA should stop and take a look to see whether or
not this is something they should do regarding the City's long term
welfare.
Mr. Meyer stated he also thought there are going to be horrendous
traffic problems. If they create a major traffic nuisance, it not
only blights the intersection, but it also runs a fair chance of
blighting the economic development of this particular center.
Somewhere along the line, they have to reach beyond traffic impact
and immediate neighborhood compatibility and financing and look at
whether this is a proper project for public money.
Mr. Commers asked what the guidelines would be--the effect of
competition on similar retail spaces in the City of Fridley?
Mr. Meyer stated that could be. Competition in light of the
obviously depressed rental market in the City for this type of
center. There will be one major tenant, Walgreen, and then other
smaller shops, all of which could well be in direct competition
with other stores that are either struggling for existence or are
going out of business. So, competition in light of the rest of
the economic development in the City.
Mr. Robertson stated Mr. Meyer raised these questions at the last
HRA meeting. Staff asked the developer to comment on these
questions, and the answers are contained on agenda page 1-E and 1-
F.
4ZZZ
HOOSING & REDEVELOPMENT AIITHORITY MTG.. APRIL 18, 1990 PAGE 5
Mr. Rasmussen stated that if this project is going to be financed
by a major bank or financial institution, a lot of Mr. Meyer's
questions will have been answered.
Mr. Prairie asked the developers if they could give the HRA some
examples of the types of businesses that miqht go into this
proposed center.
Mr. Tom Schuette, UCD, stated they know there will be a Walgreen
store. In addition to the Walgreen store, the shopping center will
be aimed at the neighborhood convenience type of retailer. They
have received interest from a variety of those use categories and
some will conflict or compete with like businesses in the City,
such as a pizza shop, hair salon, dry cleaning business, printing
business, etc. There will be 6-7 stores or shops.
Mr. Schuette stated there is retail on the corner of University
and Mississippi, but there has not been any new retail in a long
time. During the time that Moon Plaza, Rice Plaza, and Holly
Center have been in existence, Fridley has grown a great deal.
They are bringing 17,000 sq. ft. of new retail space in addition
to Walgreen. That is not a major amount of space. Holly Center
is about 75,000 sq. ft., and they are only adding about one-fourth
the size of Holly Center.
Mr. Schuette stated there is concern that redevelopment happen on
the southwest quadrant. He stated that when that happens, that
might require some existing businesses to need a new location.
So, it is possible that even if their center is built and the
southwest quadrant is developed, there could be a net loss in
retail space at the intersection, depending on how well it gets
developed.
Mr. Schuette stated there is also concern about the success of
Moore Lake Commons and the leasing status there. Moore Lake
Commons has made a lot of progress in terms of new shops; and in
talking with the leasing agent, the health club, which has 5,000
members already signed, will cause a lot of activity at that
intersection which will be a big boost for the retailers in Moore
Lake Commons. Another factor is that Moore Lake Commons is almost
two miles away from the 10, 000 Auto Parts site; and in terms of
convenience uses they have in mind for their center, the two
centers are far enough apart to provide certain use categories that
can be repeated at both locations.
Mr. Erickson stated they just learned that day that the TCBY
Corporation is interested in another shop at the 10,000 Auto Parts
location even though they have a shop in Moore Lake Commons. He
brought this up because it is a case in point where a geographic
distance and a different intersection provide a second opportunity
for this business in Fridley. A second example is the City
. . . . .
HOUSING & REDEVELOPMENT ADTHORITY MTG., APRIL 18. 1990 - PAGE 6
Municipal Liquor business which has two locations within the City
no more than two miles apart.
Ms. Schnabel asked if there is any difficulty in leasing space in
the new Moore Lake Commons East because of its close proximity to
Moore Lake Commons West (the old Shorewood Plaza). If there is a
problem, then that supports what Mr. Meyer is saying. If not, then
it supports what the developer is saying.
Mr. Robertson stated the old Shorewood Plaza is all leased except
for two bays, one of which was the hardware store which went out
of business after about six months.
Mr. Rasmussen stated that, again, whoever finances this project
will look very carefully at it from an economic standpoint.
Mr. Erickson stated that the newly vacated hardware store space is
at least 80 feet in depth. The spaces in the new Moore Lake
Commons building that are unleased are probably 55-65 feet in
depth. From his experience as a shopping center developer, the
larger businesses (liquor store, hardware store) cannot go into
60-65 ft. spaces. From the owners' perspective, they probably feel
the existing center is a positive force for marketing the new space
because of the amount of business the existing space already brings
to that property.
Ms. Schnabel asked about the occupancy rate for Holly Center.
Mr. Robertson stated Ho12y Center is all leased except for the
hardware store which recently went out of business. He asked Mr.
Erickson how he would characterize Holly Center as opposed to the
average occupancy in this area.
Mr. Erickson stated that in the class of strip centers, metro-wide,
the Twin Cities is running an average of 93-94$ across the board.
The vacancy that has occurred at Holly Center was the Coast to
Coast Hardware Store, and he believed the entire chain of Coast to
Coast stores have folded nationwide. So, this was vacancy that
developed not because of the location or any inadeguacy in the
center, but it was because an entire operation folded. He would
guess that within 90-120 days, Holly Center will identify 1-2 users
to reoccupy that space. From a shopping center developer's
perspective, he would consider Holly Center a very attractive and
viable center.
Mr. Meyer stated Mr. Rasmussen's point is well taken about a bank
or financial institution critiquing the worth of a project.
However, he would expect a bank to worry about the success of the
one project, not other businesses in the area.
Mr. Rasmussen stated he believed that when a bank analyzes a
project, they take a look at the entire impact. He has seen quite
' : : = :
HOIISING & REDEVELOPMENT AIITHORITY MTG.. APRIL 18, 1990 - PAGE 7
a few banks that are very concerned about the impact on the whole
neighborhood. They are doing this more and more.
Mr. Meyer stated he was glad to hear that. He stated there is a
Planning Commission and City Council that can address this kind of
issue as to whether a project should be pushed in the City. But,
the IIRA has been given more of an opportunity to put something into `
motion than either the Planning Commission or City Council, so the
HRA has a higher duty to worry about such things as what impact a
project has on the City. If it had not been for Old Country Buffet
and Snyders, he believed they would probably be seeing about a 50�
vacancy rate in Holly Center.
Mr. Meyer stated that from a very pragmatic standpoint, the HRA
might be getting into the landlord business if the HRA buys Rice
Plaza, and they better be very sure they have a shopping center
that is viabZe and brings in money and not encourage competition
across the intersection from them.
Mr. Meyer stated he is not convinced that anyone has done any real
thinking about this point. Do they have any business encouraging
the type of development that is going to be in direct competition
with other developments that are barely hanging on.
Mr. Commers stated one of the issues that comes with redevelopment
is that it will bring in competition to less desirable locations.
For example, any type of additional retail commercial space that
comes in has the ability to attract space away from the Moon Plaza
Shopping Center, which is part of the HRA's red�velopment plan,
although a lower priority. They have to look at it from the
perspective that they continuously try over a period of time to
upgrade properties and upgrade the City and hope that by the system
of competition the weaker, the less viable, businesses go out of
business and new ones replace them. It is kind of an ongoing
continuous circle. It may be idealistic and it might not always
work, but the intention is to upgrade the City.
Mr. Commers stated the 10,000 Auto Parts site is an eyesore right
now. He did not know what other development could go in there that
would be any different. This might not be the greatest project,but
it certainly is a nice project and fits the Center City
redevelopment which was commercial/retail on that space. The
realities are that the developer would not be putting in monies and
the bank would not be putting in monies if they did not think this
was a viable project.
Mr. Erickson stated the lending bank he has dealt with on his last
two projects, TCF, one of the things they base their decision
process on for a loan is an MIA appraisal of the project to see if
the finished product will warrant the bank's investment. That MIA
appraisal takes into account the precise concerns raised by the Mr.
Meyer:
4CCCC
HOIISING & REDEVELOPMENT AIITHORITY MTG.. �PRIL 18. 1990 PAGE 8
1. What are the existing vacancies of the community?
2. What are the rent levels in the existing properties?
3. What are the lease-up prospects for the existing
vacancies?
4. How does all of the above affect the subject properties'
ability to get leased up at the necessary rate to support
the financing required?
Mr. Erickson stated that in its experience over the last five
years, lending institutions rely more and more heavily on these
appraisals. The appraisals over the last five years have changed
to focus more on conditions outside of the subject property,
because those definitely do affect the plight of new buildings.
If the appraisal does not come within the parameters that support
the guidelines that are set out by the bank's committee, they will
turn a project down.
Traffic Considerations
Mr. Robertson stated that one of the major issues raised at the
last meeting was the question of how the traffic generated by the
proposed project would impact both the existing street system and
the proposed street system at the intersection of University and
Mississippi and, particularly, there were concerns about the left
turn pattern into the project on eastbound Mississippi.
Mr. Robertson stated the City contracted with Barton-Aschman
Associates to study this traffic generation issue and address each
of the questions raised by the HRA raised at the March meeting.
Mr. Dave Koski from Barton-Aschman is at the meeting to present the
results.
Mr. Robertson stated that what Barton-Aschman substantially found
was that: 1) the existing level of traffic is about level D, which
means there could be a maximum delay of up to 30 seconds for a stop
or a turn; 2) that the traffic generated by this proposed project,
given two critical worst case assumptions, will have little effect
on either the existing street pattern or the proposed improvement.
It will go from level D to level D+.
Mr. Dave Koski stated he is the Project Engineer who did the
traffic study. He stated Mr. Robertson summarized the study pretty
well. They wanted to test the worst case so they assumed and know
that the primary entry and exit movement into a center like this
occurs during the P.M. peak hour, 4:30 - 5:30 p.m. They are
finding the traffic into these retail centers is primarily from
people doing their shopping on their trip from work to home. They
looked at the P.M. peak hour on an average weekday. They surveyed
4DDDD
HOIISING & REDEDEI,OPMENT AIIT$ORITY MTG. APRIL 18, 1990 - PAGE 9
a number of shopping centers of this size and larger. They know
what the entry and exit patterns are and the numbers. The
Institution of Traffic Engineers also gathers the results of
studies from around the country, and they publish a document that
lists the range of travel patterns for shopping centers for peak
hours, Saturdays, and Sundays, etc.
Mr. Koski stated they then calculated what they thought would be
the traffic generation and the entry and exit volumes for this
center. They also assumed that all that traffic would be new
traffic on Mississippi Street and at the intersection of University
and Mississippi. That is not the case. Probably about 50$ of the
traffic that is entering and exiting this center is already on
Mississippi and University passing. But, they assumed it would be
100$ new traffic. They also wanted to find out just what the
current level of traffic is on University and Mississippi. They
conducted a traffic count last week between the hours of 3:30 p.m.
- 6:30 p.m. and extracted from that the peak traffic period of
time. Their conclusion is that the traffic that will be entering
and exiting the shopping center would not have a significant impact
on the current traffic capacity and level of service and traffic
patterns they have at the intersection right now, with the existing
roadway configuration and the geometric design that exists right
now.
Mr. Koski stated the driveway entry into the site easterly on
Mississippi from University is back far enough so that the turning
movements into and out of the site are not going to influence the
capacity of the intersection. They specifically looked at the
back-up that occurs for westerly bound Mississippi and University
during peak hours. This is a theoretical calculation based on the
actual traffic movement done with a computer. The back-up showed
approximately 280 feet and the driveway is 350 feet, so the back-
up will not come past the driveway so the driveway will always be
open to either exiting traffic or eastbound Mississippi traffic
that wants to turn left into the site.
Mr. Koski stated that similarly the westbound Mississippi traffic
has enough gaps that the eastbound left-turn into the site can
occur at frequent enough intervals to not back up on eastbound
Mississippi traffic.
Mr. Koski stated they also looked at the impact on the intersection
at Mississippi and 5th Street. Their calculations show that the
project will not have an impact on traffic exiting east on
Mississippi from 5th Street.
Mr. Koski stated the overall conclusion is that with the existing
geometrics, the implementation of the development will operate
satisfactorily and will not have a significant impact on the
traffic on Mississippi or the intersection of University and
Mississippi.
4EEEE
HOOSING & REDEVELOPMENT AIITHORITY MTG.. APRIL 18. 1990 - PAGE 10
Mr. Prairie asked about the improvement to Mississippi and the
added traffic lane.
Mr. Robertson stated the major conclusion from the traffic study
is that it is not crucial that the intersection be improved before
this development goes in. That is a very critical finding. Anoka
County could plan the improvements for 1991.
Mr. �ommers stated Anoka County is not going to improve the east
side of Mississippi until they improve the west side.
Mr. Meyer stated he realized that this development is going to be
highly dependent upon peak hour traffic. However, it just seems
they will be doing a weaving across traffic--a right turn off
University eastbound onto Mississippi and then a left turn into
the site crossing the heavy westbound traffic on Mississippi. He
understands the computer analysis and the traffic counts, etc.,
but is there any way to measure what happens when cars are waiting
for the chance to get across the street to a very narrow entrance
with traffic coming out to go either eastbound or westbound on
Mississippi. How does this weaving across traffic upset the
waiting times, the stacking of cars? It just seemed that a
computer cannot measure these kinds of things. If they have a
development that is highly dependent upon traffic where the traffic
is awkward or bad, it is a prescription for failure of the center.
That goes beyond traffic, but it is an important part of trying to
judge where the center might go.
Mr. Koski stated Mr. Meyer raised a good point. There is a rating
for traffic capacity and level of service (ranges from A-F).
Obviously, level D is less than perfect. It is considered a
satisfactory level of operation and really denotes something where
the traffic is clearing with each intersection cycle phase, but it
is also below C which is considered average. Level D really means
that everything is working fine, but that some kind of disturbance
(stalled vehicle, snow) can cause some periodic congestion for
awhile. When something happens like that described Mr. Meyer, that
can cause it to break down for a moment and cause some problems.
Obviously, when you put turning movements into and out of a
driveway, there is more conflict. However, from their study, their
conclusion is that there is enough time and distance to make the
whole operation satisfactory.
Mr. Koski stated traffic signal timing, along with the improvements
proposed by the County, will help the traffic situation a lot more.
Mr. Robertson stated that with the proposal, the driveway to the
site is moved about 75-100 feet further east away from the
intersection and that definitely improves the leve2 of service, no
matter what else happens on Mississippi.
4FFFF
HOOSING & REDLVELOPMENT AIITHORITY MTG., APRIL 18,__1990 - PAGE 11
Mr. Robertson stated staff also asked Barton-Aschman to give an
opinion on the worst case scenario; for example, a 200,000 sq. ft.
office building on the southwest quadrant. It is Mr. Koski's
opinion that it might require two left turn lanes on eastbound
Mississippi at the intersection. Mr. John Flora, Public Works
Director, said that could be handled with the existing lane
configuration. Mr. Robertson stated that made him more confident
that the project would not interfere with the HRA's options on the
southwest quadrant.
Mr. Robertson stated that, based on these findings, staff
recommends the HRA consider the following:
1. Approval of this specific development plan to the
Planning Commission for a public hearing for rezoning of
the parcel to S-2.
2. Concept approval for preparation of a $300,000
(approximate) pay-as-you-go redevelopment agreement to
be fine-tuned and brought back to the HRA at a later
meeting.
3. Recommend staff proceed with the process to give notice
for public hearing to expand the TIF district from the
existing 10,000 Auto Parts site to include the two
additional single family houses immediately to the east.
MOTION by Mr. Rasmussen, seconded by Ms. Schnabel, to:
l. Approve this specific development plan to the Planning
Commission for a public hearing for rezoning of the
parcel to S-2.
2. Give concept approval for preparation of a$300,000
(aproximate) pay-as-you-go redevelopment agreement to be
fine-tuned and brought back to the HRA at a later
meeting.
3. Recommend staff proceed with the process to give notice
for public hearing to expand the TIF district from the
existing 10,000 Auto Parts site to include the two
additional single family houses immediately to the east.
IIPON A VOICE VOTE, FODR MEMBERS VOTING AYE, MEYER VOTING NAY,
CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED BY A VOTE OF 4-1.
Mr. Commers stated the HRA is looking forward to working with UCD;
however, he hoped the developers would keep in mind the issues and
concerns addressed by the HRA members. This is part of their
Center City project and it is important to the HRA.
4GGGG
HOUSING & REDEVELOPMENT AIITHORITY MTG., APRIL 18, 1990 - PAGE 12
(Ms. Schnabel left the meeting at 7:50 p.m.)
2. CONTRACT WITH BARTON-ASCHMAN ASSOCIATES FOR TRAFFIC STUDY TO
BE PAID FOR BY UCD:
Mr. Robertson stated the traffic study has already been paid for
by UCD.
MOTION by Mr. Prairie, seconded by Mr. Rasmussen, to approve the
contract with Barton-Aschman Associates for a traffic study to be
paid for by UCD.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED
THE MOTION CARRIED IINANIMOIIBLY.
�
�
cinroF
F� ��
C011/1MUNITY DEVELOPMENT
DEPARTMENT
MEMORANDUM
4
DATE: May 3, 1990 � �'� �
, ��
TO: William Burns, City Manager �j
�
FROM: Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT:
Plat Request, P.S. #90-02, by the Michael
Servetus Unitarian Society
Attached is the staff report for the above-referenced request. The
subdivision ordinance requires that the City Council hold a public
hearing for all plat requests. Staff recommends that the City
Council set the public hearing date for May 21, 1990.
MM/dn
M-90-301
� aiiii
� STAFF REPORT
APPEALS DATE
�r�OF PLAN�:N(� (iaNrN�$SI�Ri �14T� : April 25, 1990
FR! DLEY �Y ��(� �/4� : May 7, 1990 µ�Hpq MM/ dn
REQUEST
PERMIT NUtv�BER
APPLICANT
' PROPOSED REQUEST
LOCATION
SITE DQTA
SIZ E
DENS(TY
PRESENT ZONING
ADJACENT LAND USES
& ZONrIG
���$
PARK DEDICATION
ANALYSIS
FINANCIAL IMPLICATIONS
CONFORMANCE TO
COMPREh�NE PLAN
COMPATBILtTY WITH
ADJACENT USES � ZONNG
ENYIRONMENTAL
CONSIDERATIONS
STAFF RECOMMEf�ATiON
APPEALS RECOMMENDATION
PLANNKVG COMMISSION
REGONNAENDATION
I
P.S. ��90-02
Kate Kemper and Phyllis Forsberg for the Michael Servetus
Unitarian Society
To replat Outlot A, Michael Servetus Addition, into four
lots; three of which are single family residential lots.
980 - 67th Avenue N.E.
75,375 square feet t
1.7 units per acre
R-1, Single Family D;�ellin�
R-I, Single Family �J�lellin� to the north, east, south,
and west
Watermain needs to be looped under Oakley Street extension;
sewer, water, and 67th Avenue extension will need to be
constructed.
$4,500 to be paid at time of building permit
Yes
Yes
Existing peat deposits in location of building pads
Approval
Approval
4JJJJ
Staff Report
P.S. #90-02, Michael Servetus 2nd Addition
Page 2
Request
Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian
Society are requesting that Outlot A, Michael Servetus 2nd Addition
be replatted. This replat would create four lots, three of which
would be for single family residential use.
Site
The site is addressed as 980 - 67th Avenue N.E. and is located near
what would be the 67th Avenue and Oakley Drive intersection if 67th
Avenue and Oakley Drive were extended. The Michael Servetus
Unitarian Society church is located at the southeast corner of
Outlot A, and the existing church parking lot is located in the
area of Lot 1 of the proposed plat. In addition, the Unitarian
Society is applying for a special use permit for the expansion of
the church building and the City of Fridley is vacating the portion
of the Oakley Drive that was dedicated in the Michael Servetus
Addition in 1973.
Analysis
The following issues need to be evaluated to determine if they meet
the requirements of the subdivision code:
1. Traffic issues
2. The design of the lots
3. Utilities
4. General site conditions
Traffic
The proposed plat would require that 67th Avenue be extended
further to the west within the right-of-way which was dedicated
with the Michael Servetus Addition. This extension would maintain
the existing 67th Avenue alignment. The City, at the time of
plats, has the option of reserving right-of-way for future streets,
and for the future extension of existing streets. In this
instance, the City is requesting a 60 foot right-of-way be
dedicated along the west property line of the proposed plat. The
Minnesota Department of Transportation has long-range plans to
upgrade Trunk Highway 65. These plans include closing the median
crossings at 63rd Avenue and'73 1/2 Avenue, and intersection
improvements (i.e. signalization upgrade) at Mississippi Street and
73rd Avenue. The Mississippi Street improvements include
installing a median which would prevent access from Brookview
4KKKK
Staff Report
P.S. #90-02, Michael Servetus 2nd Addition
Page 3
Terrace east bound onto Mississippi Street. By reserving the
Oakley Drive right-of-way, the City will be able to provide an
additional means of access to the neighborhood.
The extension of Oakley Drive and connection to 67th Avenue would
serve three purposes:
1. Provide two means of access into and out of the neighborhood,
especially in emergency situations where one street becomes
blocked.
2. Provide easier maintenance. A through street is easier to
plow than two cul-de-sac roads.
3. It would complete the overall traffic pattern in the
neighborhood.
First Western Development has proposed Meadowlands Park as a
potential wetland mitigation site (see attached site plan). This
is required in order for them to receive an Army Corps of Engineers
permit to develop a shopping center at 85th Avenue and University
Avenue. There are several wetlands at that site. The proposed
high water mark for the wetland development at Meadowlands Park
will be approximately 35 feet from the west Oakley Drive right-of-
way line. Should the City Council, at some future point in time,
decide not to extend Oakley Drive, the right-of-way could be
vacated. The right-of-way, with an additional 15 feet from the
park Iand, could be used to create an additional lot west of the
proposed three lots.
Prior to the Oakley Drive extension, the remaining cul-de-sacs of
67th Avenue and Oakley Drive would meet the subdivision code as
they will be less than a maximum b00 foot length for cul-de-sac
streets. The existing Oakley Drive will be extended an additional
50 feet to provide access to the newly relocated entrance for the
Michael'Servetus Unitarian Society church.
Lots
There will be four lots created within the Michael Servetus 2nd
Addition. Three of these lots will be for single family
residential use. These three lots meet the minimum lot size of
9, 000 square feet (they are 9, 375 square feet) . They also meet the
minimum lot width of 75 �feet. In addition, utility and drainage
easements have been dedicated along all four property lines of the
three proposed lots. These easements will accommodate any future
needs for utility placement and/or drainage needs.
4LLLL
Staff Report
P.S. #90-02, Michael Servetus 2nd Addition
Page 4
The fourth lot is approximately 47, 250 square feet and will be used
for the church building expansion. All of the proposed lots are
laid out at 90 degree angles to both the 67th Avenue and Oakley
Drive right-of-ways, as is required in the subdivision code. This
lot also has drainage and utility easements dedicated along all
four property lines. This lot meets the minimum lot size of 15,000
square feet for churches which is required in the CR-1 District
regulations.
IItilities
In addition to this plat, the petitioner will be required to
petition for the utility and street projects. The City will be
completing the loop for the six inch water main within the Oakley
Drive and 67th Avenue right-of-ways. Looping the water main
prevents stagnant water from collecting at the end of a line, and
allows any area to be fed from two directions. The extension of
67th Avenue provides access to the three proposed Iots and four
lots which were platted in the Michael Servetus Addition.
Soils
Outlot A contains highly peaty soils. From soil borings taken in
� 1958 and 1967, there appears to be anywhere from two to five feet
of peat scattered throughout the proposed plat area. The City does
require that soil correction measures be taken in those areas where
building pads and building foundations will occur. Staff is
recommending that restrictive covenants be filed against proposed
Lots 1, 2, and 3, Michael Servetus 2nd Addition, in order that any
future buyers of these lots will be aware of the existing peat and
the potential higher expense of construction.
Recommendation and StiQulations
Staff recommends that the Planning Commission recommend approval
of the plat request, P.S. #90-02, to replat Outlot A, Michael
Servetus Addition into four lots, with the following stipulations:
1.
2.
3.
A park fee of $1,500 per lot for three residential lots shall
be paid at the time of building permit ($4,500 total).
The petitioner shall petition for the proposed improvements
(67th Avenue extension, water main loop, sewer extension).
The vacation request, SAV #90-01, be approved.
4. Restrictive covenants regarding the need for soil correction
shall be recorded against Lots 1, 2, and 3, Block 1, Michael
Servetus 2nd Addition.
4MMMM
Staff Report
P.S. #90-02, Michael Servetus 2nd Addition
Page 5
PLANNING COMMISSION ACTION
The Planning Commission voted to delete stipulation #3 in their
recoaimendation to recommend approval of the plat request to the
City Council. The stipulations for approval of the plat request
are as follows:
1.
2.
A park fee of $1,500 per lot for three residential lots shall
be paid at the time of building permit ($4,500 total).
The petitioner shall petition for the proposed improvements
(67th Avenue extension, water main loop, sewer extension).
3. Restrictive covenants regarding the need for soil correction
shall be recorded against Lots 1, 2, and 3, Block 1, Michael
Servetus 2nd Addition.
CITY COUNCIL RECOMMENDATION
Staff recommends that the City Council establish the public hearing
for May 21, 1990.
N�'COitNEA
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fRlDLEY
CO1NiMUNI"['Y DEVELOPME �' 4RRRR
N
DEPARTMENT'
MEMORANDUM
DATE,: May 3, 1990 r►,, �
� ��` : �.
TO: William Burns, City Manager �.
J
FROM: Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT:
Vacation Request, SAV #90-01, by the City of
Fridley
Attached is the staff report for the above-referenced request. The
zoning code requires the City Council to hold a public hearing for
aIl vacation requests. Staff recommends that the City Council set
the public hearing date for May 21, 1990.
- NII�I/dn
M-90-300
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FRlDLEY
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATI4N
4SSSS
STAFF REPORT
APPEALS DATE
PLAlV�V(' COA�IMSSION DATE : Apr i l 2 5, 1990
CRY GOI�lqL DATE : May �, 19 9 0 ,u,T,� MM/ dn
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
� Z�%ii�
UME$
PARK DEDlCATlON
ANALYSIS
FNJANCIAL NV1PLiCAT10NS
CONFORMANCE TO
COMPREF�NSNE PLAN
COMPAT�ILfTY W(TH
ADJACENT USES & ZONNG
ENV�ONMENTAL
CON.SIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENOATION
PLANN�VG COMMISSION
RECOIMMENDATION
SAV ��90-01
City of Fridley
To vacate the existing Oalcley Street within the
Michael Servetus Addition,
R-1, Single Family Dwelling
R-1, Singl.e FamiZy Dwelling to the north, south,
east, and west
Yes
Yes
N/A
Approval
Denial
4TT�T
Staff Report
SAV #90-01, City of Fridley
Page 2
Request
The City of Fridley is proposing to vacate the existing Oakley
Street which is dedicated in Outlot A, Michael Servetus Addition.
This vacation is related to the proposed preliminary plat request,
P.S. #90-02, by Kate Kemper and Phyllis Forsberg for the Michael
Servetus Unitarian Society.
Site
The dedicated Oakley Street is currently in the shape of a cul-de-
sac "bubble" and is located in the southwest corner of Outlot A
(see preliminary plat map). Located on Outlot A is the existing
Michael Servetus Unitarian Church which is addressed as 980 - 67th
Avenue.
Analysis
The City is requestinq this vacation, as the Michael Servetus 2nd
Addition preliminary plat proposes a 60 foot right-of-way to be
dedicated to the City of Fridley in order to reserve the right to
extend Oakley Street to 67th Avenue. By vacating the existing
Oakley Street "bubble", the additional right-of-way east of the
proposed east right-of-way line of the proposed Oakley Street
dedication will be "returned" to Outlot A and will be able to be
used by the Unitarian Society as part of its lot.
Recommendation and Stipulations
Staff recommends that the Planning Commission recommend approval
of this vacation request, SAV #90-01, to vacate the existing Oakley
Street in Outlot A, Michael Servetus Addition. It will be
necessary for the City to record the ordinance vacating Oakley
Street prior to the Michael Servetus Unitarian Society filing the
final plat.
PLANNING COMMISSION ACTION
The Planning Commission voted unanimously to deny the vacation
request.
CITY COUNCIL RECOMMENDATION �
Staff recommends that the City Council establish the public hearing
for May 21, 1990.
SAV ��90-01
City of Fridley
N �/2 SEC.
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SAV 4690-01
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PRELIMINARY PLAT
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Fr� a��r
COl1�tMUNi"fY DEVELOPMENT
DEPARTMENT
MEMORANDUM
DATE: May 3, 1990 /y �
�� `v
TO: William Burns, City Manager ��
4XXXX
FROM: Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT:
Consider Approval of Resolution Authorizing a
Lot Split, L.S. #90-01, by Roger Hansen
Attached is the staff report for the above-referenced request. The
Planning Commission voted unanimously to recommend approval of the
request with the following stipulations:
1.
2.
3.
4.
5.
The petitioner shall move the existing chain link fence from
its current location to a location closer to the new lot line.
The petitioner shall install erosion control structures (silt
fence with hay bales) while the new dwelling is under
construction.
The swale to be constructed along the south property line of
the existing house shall be re-vegetated by November 1, 1990.
The petitioner shall maintain the swale for one year after
construction.
Park dedication fees shall be paid at time of building permit
issuance.
The motion to approve acknowledged that the lot split would create
a nonconforming rear setback for the existing dwelling unit.
Due to the nonconforming setback, staff recommends that the City
Council deny the lot split request. If the City Council chooses
to approve the lot split, it should concur with the Planning
Commission's action, and approve the attached resolution.
NIl�i/dn
M-90-289
� 4YYYY
� STAFF REPCIRT
APPEALS DATE
��� � PLAMNG CONw�SSION DAl'E : Apr il z s, 1990
F[Z[DLE.Y CITY COI�IqL DATE : May 7, 1990 AUTHpq MM/dn
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
& ZONNG
�E$
PARK DEDICATION
ANALYSIS
FMdANCIAL IMPUCATlONS
CONFORMANCE TO
COMPREF�IVSNE PLAN
COMPATB�tTY WITH
ADJACENT USES b ZONNG
ENVIRONMENTAL
CONSIDERATiONS
STAFF RECOMMEI�ATION
APPEALS RECOMMENDATION
PLANNMVG COMMISSION
RECONNAENDATION
L.S. �690-01
Roger Hansen
To split off 94 feet of Lot 8, Block 2, Moore Lake Hills
to create a buildable single facnily lot.
6065 Central Avenue N.E.
23,042 square feet
.26 units/acre
R-1, Single Family Dwelling
R-1, Single Family Dwelling to the north, south,
east, and west
Will need to connect new lot to utilities
$750.00 at time of building permit
Yes
Yes
Concern with storm water runoff and topographic
relationship with adjacent lots.
Denial
Approval with stipulations as outlined by staff
4ZZZZ
Staff Report
L.S. #90-01, Roger Hansen
Page 2
Request
Roger Hansen is requesting that a lot split be granted to split off
approximately 94 feet of Lot 8, Block 2, Moore Lake Hills, to
create a buildable single family lot.
Site
The existing lot is approximately 85� x 260'. A 1 1/2 story single
family dwelling is located approximately 95 feet from the front
property line. Mr. Hansen resides in this dwelling; the same being
6065 Central Avenue N.E. The grade changes substantially across
both the length and width of the lot.
Analysis
It is possible to create a buildable lot of 9,001 square feet by
splitting off 94 feet from Lot 8. However, doing so would make the
remaining lot nonconforming. The new lot line would be 28 feet
from the rear of the existing house. The required rear yard
setback is 40 feet in this case.
The rear yard setback is calculated at 25� of the lot depth with
a minimum depth of 25 feet and a maximum depth of 40 feet. It
could be argued that due to the change in topography that the lot
functions as two separate lots; however, the lot split would still
create a nonconforming situation for the existing house.
The City has previously granted setback variances for existing
dwellings in conjunction with lot split requests. If the
Commission approves the request, the motion should acknowledge
granting of the variance.
The petitioner has submitted a detailed grading and
to accommodate the runoff from the new building.
determined that the proposed swale along the sout
acceptable.
Recommendation and Stipulations
drainage plan
Staff has
h lot line is
Due to the fact that the proposed lot split would create a
nonconforming situation for the existing house, staff recommends
that the Planning Commission recommend denial of lot split request,
L.S. #90-01, to split off 94 feet of Lot 8, Block 2, Moore Lake
Hills, to create a buildable single family lot.
However, if the Planning Commission chooses to approve the lot
split request and the setback variance for the existing dwelling,
staff recommends the following stipulations:
4AAAAA
Staff Report
L.S. #90-01, Roger Hansen
Page 3
1. The petitioner shall move the existing chain link fence from
its current location to a location closer to the new lot line.
2.� The petitioner shall install erosion control structures (silt
fence with hay bales) while the new dwelling is under
construction.
3. . The swale to be constructed along the south property line of
the existing house shall be re-vegetated as quickly as
possible.
4. The petitioner shall maintain the swale for one year after
construction.
5. Park dedication fees shall be paid at time of building permit
issuance.
PLANNING COMMISSION ACTION
The Planning Commission voted to amend stipulation #3 to read:
3. The swale to be constructed along the south property line of
the existing house shall be re-vegetated by November 1, 1990.
The Planning Coa�mission voted unanimously to recommend approval of
the lot split with the stipulations as amended and to acknowledge
that the lot split creates a nonconforming situation for the
existing dwelling.
PLANNING COMMISSION RECOMMENDATION
Staff recommends that the City Council deny the lot split request,
L.S. #90-01. If the City Council chooses to approve this request,
it should also approve the amended stipulations.
N//2 SE�. 24 , T. 30,
C/TY OF FR/ULEY
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4FFFFF
RESOLUTION NO. - 1990
RESOLUTION APPROVING A SUBDIVISION, IAT SPLIT,
L.S. #90-01, TO SPLIT OFF THE SOUTHEASTERLY
92.35 FEET OF IAT 8, BLOCK 2, MOORE LAKE HILLS
ADDITION, TO CREATE A SEPARATE SINGLE FAMILY
LOT, GENERALLY LOCATED AT 6065 CENTRAL AVENUE
N.E.
WHEREAS, the City Council approved a lot split at the
, 1990 meeting; and the Planning Commission
stipulations attached as Exhibit A; and
WHEREAS, such approval was to split off the southeasterly 92.35
feet of Lot 8, Block 2, Moore Lake Hills Addition, to create a
separate single family lot, generally located at 6065 Central
Avenue N.E. The legal descriptions for the two properties are as
follows:
Northwest Parcel: That part of Lot 8, Block 2, Moore Lake Hills,
Anoka County, Minnesota, which lies northwesterly of the following
described line: A line parallel with an 92.35 feet northwesterly
of the southeasterly line of said Lot 8 as measured at a right
angle to said southeasterly line.
Southeast Parcel: That part of Lot 8, Block 2, Moore Lake Hills,
Anoka County, Minnesota, which lies southeasterly of the following
described line: A line parallel with an 92.35 feet northwesterly
of the southeasterly line of said Lot 8 as measured at a right
angle to said southeasterly line.
WHEREAS, the City has received the required Certificate of Survey
from the owner; and
WHEREAS, such approval will create two separate parcels from Lot
8, Block 2, Moore Lake Hills.
NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the
petitioner to record this lot split at Anoka County within six
months of this approval or else such approval shall be null and
void.
PASSED AND ADOPTED BY THE CITY
DAY OF , 1990,
ATTEST:
SHIRLEY A. HAAPLA - CITY CLERK
COUNCIL OF THE CITY OF FRIDLEY THIS
WILLIAM J. NEE - MAYOR
on No. - 1990
4GGGGG
EXHIBIT A
1. The petitioner shall move the existing chain link fence from
its current location to a location closer to the new lot line.
2. The petitioner shall install erosion control structures (silt
fence with hay bales) while the new dwelling is under
construction.
3. The swale to be constructed along the south property line of
the existing house shall be re-vegetated by November 1, 1990.
4. The petitioner shall maintain the swale for one year after
construction.
5. Park dedication fees shall be paid at time of building permit
issuance.
�
�
cinr oF
F� ��
C011/iMUNITY DEVELOPMENT'
DEPARTMENT
M EMO RAN D UM
DATE: May 3, 1990 �t��
, .� ;
,
TO: William Burns, City Manager ����
FROM:
SUBJECT:
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Variance Request, VAR #90-07, Stylmark, Inc.
Attached is the staff report for the above-referenced item. The
Appeals Commission recommended approval of the variance request to
reduce the front yard setback for an office addition from 100 feet
to 41.9 feet and 37 feet, subject to the following six
stipulations:
I. The petitioner shall submit drainage calculations and a
grading and drainage plan prior to the issuance of a building
permit. If necessary, the petitioner shall receive a permit
from the Rice Creek Watershed District prior to issuance of
a building permit.
2.
3.
4.
5.
6.
The new parking area along Main Street shall be lined with
concrete curb.
The building additions shall be handicapped accessible.
The petitioner shall review with the Fire and Building
Inspectors the required fire protection sprinkler systems and
comply with their requirements.
The petitioner shall submit a landscaping plan indicating a
continuous 3 foot screen between the parking area and Main
Street.
Adequate area to the north of the�addition shall be reserved
for a 27 car parking area.
The Appeals Commission also recommended approval of the variance
to reduce the setback between a parking area and a main building
from 5 feet to 0 feet, subject to the following stipulation:
1. The petitioner work with City staff to provide some type of
protective device to prevent damage to the building.
5
5A
VAR #90-07, Stylmark
May 3, 1990
Page 2
Staff recommends that the City Council approve the front yard
setback request as recommended by the Appeals Commission; however,
staff recommends the City Council deny the variance request to
reduce the separation between the building and parking area.
BD/dn
M-90-309
5B
�
t STAFF REPORT
APPEALS DATE rtay 1, 1990
CI1Y OF PLAMN(' CONMISSION DATE
FfZIDLEY CITY COl�1C�. DATE �y ,, �90 ,�,�►� BD:�
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
� ZONM�IC
URRES
PARK DEDICATION
ANALYSIS
FNJANCiAL IMPLICATIONS
CONFORMANCE TO
COMPRE!-�NSNE PLMI
COMPATBiLITY WITH
AOJACENT USES 8� ZONNG
ENVIRONMENTAL
CONSIDERATlONS
STAFF RECOMMEI�ATiON
APPEALS RECOMMENDATION
PLANNING COMMtSS10N
RECONNAENDATION
VAR #90-07
Sty]m�rk, Inc. - David Brink
'Ib redu�e the f�ront yard setback frcm 100 ft. to 37 ft. and
41.9 ft.; and to reduoe the setback between a parking a�a
and a main building fxun 5 ft. to 0 ft.
6536 Main Strnet AI. E.
9.3 acres
N/A
NF-1, Lic�t Industrial
N: Nf-1; E: R�1, R-3; S: Nf-1; W: 1�1
Available
N/A
N/A
Yes
Yes
Approval with stipulations
5C
Staff Report
VAR #90-07, Stylmark, Inc.
Page 2
A. PURPOSE SERVED BY REQUIREMENT:
Section 205.17.03.D.(4).(a) requires a building setback from
a right-of-way abutting a residential district to be no closer
than 100 feet.
�Public purpose served by this requirement is to avoid
congestion in the public street, traffic hazards, and other
dangers, and to protect and conserve the character of the
adjoining neighborhoods.
Section 205.17.05.D.(5).(d) requires all parking and hard
surface areas to be no closer than 5 feet from the main
building.
Public purpose served by this requirement is to protect the
building from unnecessary maintenance due to vehicles hitting
the building.
B. STATED HARDSHIP:
"45 foot front yard setback previously granted"
C. ADMINISTRATIVE STAFF REVIEW:
Zoning History
Three variances have been approved for development of this
property. The first variance was granted in August of 1973
which reduced the front yard setback from 100 feet to 41.9
feet for the construction of an office addition. Another
variance was approved in November 1985 which reduced the front
yard setback from 100 feet to 82 feet to construct a warehouse
addition. On December 19, 1988, the City Council approved a
variance to the front yard setback from 100 feet to 47.9 feet
for another office addition. The most recent approval was
subject to four stipulations, one of which stated that future
building expansion shall occur to the north to minimize the
need for future variances.
Protiosed Request
Two variances are needed in order to expand the existing
building. The first variance is to reduce the 100 foot front
yard setback required for industrial properties across from
a residential district to 41.9 feet and 37 feet. The proposed
east wall of the building extends the existing building wall
5D
Staff Report
VAR #90-07, Stylmark, Inc.
Page 3
(that was previously granted a variance to 41.9 feet) 96 feet
to the north. However, at the northeast corner of this
proposed office expansion, the petitioner is proposing an
entry feature (see elevation plan) which will extend
approximately 4-5 feet into the required setback. To the
south of the existing building, the petitioner is proposing
to expand the receiving and storage area by constructing a 70
ft. by 220 ft. addition which will occupy a portion of the
existing parking area. The building expansion will be
immediately adjacent to the parking area. The ordinance
requires a five foot separation.
The petitioner has also indicated on the plan an "alternate
area" for further building expansion and underground garage
expansion. The petitioner intends to construct to the
alternate area limits this sunumer. However, this part of the
building does not require a variance because it is located in
conformance with the setbacks.
Analysis
Given that a previous variance to 41.9 feet has been granted
in the past for an office expansion, the proposed continuation
of this variance by approximately 96 feet to the north should
not have an adverse impact on the surrounding neighborhood.
It should be noted that with the proposed expansion, the total
lot coverage of the site will be at 32�. The maximum for a
one-story building is 40�; therefore, approximately 34,000
additional square feet could be constructed on the site. It
should also be noted, however, that there is an alternative
to construct the additional office space on the north side of
the building without the necessity of a variance. However,
this would not enable the petitioner to take advantage of the
existing office area which was granted by a previous variance.
The ordinance requires a 5 foot separation between the parking
area and an edge of the building to preserve a vehicle
overhang. An alternative available to the petitioner is to
reduce the proposed expansion from 70 feet to 65 feet.
Because there is a legitimate alternative to meet the
ordinance, staff must recommend denial for this particular
variance.
After the expansion is completed, about 405 feet will remain
between the north wall of the proposed expansion and the north
lot line.
5E
Staff Report
VAR #90-07, Stylmark, Inc.
Page 4
With the 122 space underground parking garage, 166 spaces will
be provided on site. With all expansion areas, 193 spaces are
required. However, Section 205.17.05.A permits a reduction
of parking spaces if adequate area exists on site to satisfy
the total number of required parking stalls. Adequate area
does exist on the site; however, the petitioner should be
aware that this area plus area needed for stormwater detention
may limit the extent of future expansion.
Because of the amount of the proposed expansion, the
Engineering Department is requiring an on-site stormwater
pond. A grading and drainage plan must be submitted prior to
the issuance of a building permit along with appropriate
drainage calculations. The Engineering Department is
currently investigating whether the petitioner will need a
permit from the Rice Creek Watershed District.
Section 205.17.07.D.(4) of the M-1 district requires a
continuous 3 foot tall planting strip between parking areas
and public right-of-ways. A landscaping plan for the area
between Main Street and the 16 space parking area shall be
submitted prior to building permit issuance.
Recommendation
Staff recommends the Appeals Commission approve the variance
request to reduce the front yard setback from 100 feet to 37
feet and 41.9 feet for the construction of additional office
space, subject to the following stipulations:
1. The petitioner shall submit drainage calculations and a
grading and drainage plan prior to the issuance of a
building permit. If necessary, the petitioner shall
receive a permit from the Rice Creek Watershed District
prior to issuance of a building permit.
2.
3.
The new parking area along Main Street shall be lined
with concrete curb.
The building additions shall be handicapped accessible.
4. The petitioner shall review with the Fire and Building
Inspectors the required fire protection sprinkler systems
and comply with their requirements.
5. The petitioner shall submit a landscaping plan indicating
a continuous 3 foot screen between the parking area and
Main Street.
5F
Staff Report
VAR #90-07, Stylmark, Inc.
Page 5
6. Adequate area to the north of the addition shall be
reserved for a 27 car parking area.
Staff recommends denial of the 5 foot setback variance between
the south wall of the building and the parking area, given
that another alternative exists to meet the ordinance
requirement.
APPEAIS COMMISION ACTION
The Appeals Commission unanimously recommended approval of the
front yard setback variance request from 100 feet to 37 feet and
41.9 feet, with the recommended six stipulations by staff. The
Appeals Commission also recommended approval of the reduction of
the setback between a parking area and the main building from 5
feet to 0 feet, with the following stipulation:
1. The petitioner work with City staff to provide some type of
protective device to prevent damage to the building.
STAFF UPDATE
During the Appeals Commission meeting, concerns were raised by the
neighborhood regarding traffic, property values, and the ability
of Stylmark to expand. It was explained that the manufacturing
portion of the proposed addition meets all setback requirements and
because the use is a permitted use, the petitioner has the right
to obtain a building permit. It was also explained to the public
that the property has been zoned M-1, Light Industrial, since 1958.
As to the traffic conditions, staff will attempt to determine the
amount of traffic which Stylmark contributes leaving the
neighborhood at 2nd Street. This intersection is the only entrance
and exit to this neighborhood. This information will be presented
at Monday's meeting. Concerns regarding the property values will
also be investigated and reported to the City Council at Monday's
meeting.
CITY COUNCIL RECOMMENDATION
Staff recommends that the City Council concur with the Appeals
Commission recommendation regarding the front yard setback
reduction from 100 feet to 37 feet and 41.9 feet, subject to the
recommended six stipulations. However, staff recommends that the
City Council deny the variance request for the reduction of the
setback between a parking area and the main building from 5 feet
to 0 feet.
CITY Ol' FI:IDT.EY
PGT I'i ION C()'JI:R SHEL•'T
Petition ho. 5-1990
Date F.eceived
May 2, 1990
Cbject Object to any more additions that will enlarge the Stylmark Company
because it is depreciating the property values, more traffic, and
we do not want to see a parking lot factory out our front windows.
P.^tition CheckEd By Aate
Per.cent Signing
Referrcd to City Council
Disposition
5G
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51
CITY OF FRIDLEY
!►PPEALB COMMI86ION MEETING, I�LAY 1� 1990
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CALL TO ORDER•
Vice-Chairperson Savage called the May 1, 1990, Appeals
Commission meeting to order at 7:33 p.m.
ROLL CALL•
Members Present: Diane Savage, Kenneth Vos, Larry Kuechle
Members Absent: Alex Barna
Others Present: Barbara Dacy, Planning Coordinator
David Brink, Stylmark, Inc
Kevin & Barbara Rohan, 6705 Main Street
Daniel Wintersteen, 6661 Main Street
Walter Behun, 171 Rice Creek Terrace
Buss Wagner, 181 Rice Creek Terrace
Les and Alfreda Sokolowski, 6711 Main St.
Terese Pekiara, 6715 Main Street
John Bay, 6501 Main Street
� APPROVAL OF APRIL 10 1990. APPEALS COMMISSION_MINUTES:
MOTION by Mr. Kuechle, seconded by Dr. Vos, to approve the April
10, 1990, Appeals Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERBON BAVAGE
DECLARED T8E MOTION CARRIED IINANIMOIISLY.
l. CONSIDERATION OF VARIANCE REOUEST VAR #90-07, BY STYLMARK,
INC.•
Pursuant to Section 205.17.03.D.(4).(a) of the Fridley City
Code to reduce the required setback from a tight-of-way
abutting a residential district from 100 feet to 37 feet and
41.9 feet; and pursuant to Section 205.17.05.D.(5).(d) of
the Fridley City Code to reduce the setback between a
parking area and a main building from 5 feet to 0 feet, to
allow the construction of additional office space in
conjunction with a qeneral overall building expansion
project, on Lots 2-10, Block 6, Rice Creek Plaza South
Addition, and Lot 20, Block 5, Lowell Addition, the same
being 6536 Main Street N.E.
MOTION by Mr. Kuechle, seconded by Dr. Vos, to open the public
hearing.
5J
�PPBALB CO�I88ION l�EETING, l�I�Y 1. 1990 PAGE 2
�PON A VOICE VOTE, ]1LL VOTING PiYE, VICB-CHAIRPER80N BAVAGE
DECLARED THE MOTION CARRIED IINANIMOIISLY 11ND THE PIIBLIC HEARING
OPEN AT 7:35 P.M.
Ms. Dacy stated the Stylmark property is located west of Main
Street and north of Mississippi Street. The property contains
approximately 9.3 acres. The Stylmark property is zoned M-1,
Light Industrial; the property to the east is zoned R-1, Single
Family Dwelling, and the property across the street is also zoned
R-1, Single Family Dwelling.
Ms. Dacy stated two variances are needed in order to expand the
existing building. The first variance request is to expand the
office area along the same buildinq line at a setback of 41.9
feet (100 feet required) and 37 feet for the pillars of the small
entrance to the office area. The petitioner is proposing to
expand the existing building by approximately 50,000 sq. ft. It
is important to note that the proposal to expand the
manufacturing area to the north does meet the 100 foot setback
from Main Street.
Ms. Dacy stated the petitioner is also planning to expand onto
the south part of the building toward Mississippi Street. The
second variance is needed, because, as proposed, part of the
south building wall will be directly against the parking area.
• The Code requires a 5 foot separation between the edge of the
building and the parking area. This proposed addition meets all
the building setbacks.
Ms. Dacy stated the site has been granted three previous
variances, the most recent was in 1988 for the office expansion
to the south part of the property. Of concern during that
application process was the amount of parking spaces on site.
However, the petitioner is proposing an underground parking
garage to the north. With the 122 spaces underground, 166 spaces
will be provided on site. Based on staff's calculations, the
number of spaces the petitioner is proposing on site is still
below the minimum required by the Code (193 required). Because
of the number of employees, the use does not demand 193 spaces.
However, there is enough area on site that if they needed more
parking, they could expand to the north for additional parking.
Ms. Dacy stated the Engineering Department is investigating
whether the petitioner will need a permit from the Rice Creek
Watershed District. The Engineering Department will also be
working with the petitioner to investigate the necessity to put a
storm water retention basin on the north side of the proposed
addition.
Ms. Dacy stated that regarding the proposed office extension,
because there have been three variance approvals in the past
:�1,7
l�PPEALS CO�ISSION MEETZNG. MAY 1. 1990 PAGE 3
stating that the encroachment from 100 feet to 41.9 feet for this
office area long Main Street is appropriate, staff is
recommending the Appeals Commission recommend approval of the
variance to reduce the front yard setback from 100 feet to 41.9
feet and 37 feet.
Ms. Dacy stated that regarding the variance to reduce the setback
between the building and parking area, staff must recommend
denial because another alternative does exist to meet the
ordinance. That alternative is to reduce the building width from
the proposed 70 feet to 65 feet. Should the Appeals Commission
recommend approval of these variances, staff is recommending six
stipulations:
1. The petitioner submit drainage calculations and a
gradinq and drainage plan prior to the issuance of a
building permit. If necessary, the petitioner shall
receive a permit from the Rice Creek Watershed District
prior to issuance of a building permit.
2. The new parking area along Main Street shall be lined
with concrete curb.
3. The building additions shall be handicapped accessible.
4. The petitioner shall review with the Fire and Building
Inspectors the required fire protection sprinkler
systems and comply with their requirements.
5. The petitioner shall submit a
indicating a continuous 3 foot
parking area and Main Street.
landscaping plan
screen between the
6. Adequate area to the north of the addition shall be
reserved for a 27 car parking area.
Mr. David Brink, Stylmark, Inc., stated the 5 ft. hard surface
variance is at the south end of the building. To date, their
building has a grass berm in that area of about 5 feet. The
problem is that the grass is not cut, it is not sprinkled, and
the weeds are not treated, so it becomes a messy area. The area
is below grade and backs up to the railroad tracks.
Mr. Brink stated he understood that the reason in the Code for
the 5 ft. hard surface setback to the building is to keep cars
from hitting the building and an unsightly building. He stated
they really need the width there to have ample parking backing up
both ways. They would maintain that the building would not get
damaged. If it did, they would repair it.
Mr. Brink stated they are proposing 166 parking stalls. The
Code, by square footage, requires 193. They have been counting
5L
�PPEALS COMMISSION MEETING, MAY 1. 1990 pAGE �
cars randomly for the last few weeks, and the amount of cars
ranges from a low of 85 cars to a high of 95 cars. At this time,
all their shipping is done off the north end of the building.
That will all be moved to the back by the railroad tracks. There
will be 122 spaces underground, so that will eliminate a lot of
surface parking.
Mr. Brink stated that through their contractor, they have been
talking to the Rice Creek Watershed District, and they will be
happy to work with the City Engineering Department on drainage
issues. The landscape plan is being worked on right now.
Mr. Brink stated that regarding the trees on the property, with
the construction they will lose some oak trees, but the majority
of the trees are box elder, cottonwood. He stated they
anticipate expanding again within the next 10 years, and they are
considering taking some of those scrub trees out and planting
them with good trees.
Dr. Vos asked about lot coverage with the expansion.
Ms. Dacy stated that with the proposed expansion, Stylmark is at
approximately 32$ lot coverage. The Code allows 40$ lot
coverage, so that adds up to approximately 34,000 sq. ft.
Mr. Kuechle asked what plans the petitioner had to prevent
vehicles from running into the building.
Mr. Brink stated their own employees park there, and he did not
anticipate that happening very often.
Mr. Daniel Wintersteen, 6661 Main Street, stated there is a
children's park and playground directly across the street from
where the traffic will come out from the underground parking
garage.
Mr. Brink stated they will not be adding any more traffic than
they have at the present time. Most of the traffic comes up the
back service road to the south parking lot. The only cars that
come down the front are the immediate office staff and visitors.
Traffic on Main Street is not that heavy.
.
Mr. Daniel Wintersteen, 6661 Main Street, stated he lives across
the street from Stylmark. He stated that they have gone along
with Stylmark's request for variances to expand twice, but now
they want to expand again. His property value has gone down
enough because of the expansions to Stylmark. He cannot just
stand by and see his life savings go down the drain. He stated
he is opposed to the expansion completely.
5M
�PPEALS COMKISSION MBETING, I�AY 1, 1990 PAGE 5
Mr. Wintersteen submitted a petition against any more additions
to Stylmark signed by residents on Main Street, Rice Creek
Terrace, and one resident on 2 1/2 Street.
�OTION by Dr. Vos, seconded by Mr. Ruechle, to receive Petition
No. .
IIPON � VOICE VOTE, l�LL VOTING �YE, VICE-CHAIRPERSON BAVAGE
DBCLliRED THE KOTION CARRIED ONANIMOIISLY.
Mr. Buss Wagner, 181 Rice Creek Terrace, stated Mr. Brink stated
they plan to expand again within the next 10 years. Where is all
that additional traffic going to go? It is bad enough now.
Ms. Savage reminde� those in the audience that the Appeals
Commission can only address the variances requested by the
petitioner, not any present or future expansion. These issues
will have to be brought up at the City Council who makes the
final decision on these variances.
Ms. Dacy stated she also wanted the public to understand that the
variance requests are for the encroachment of the office portion
and building on the south side of the site. The entire property
is zoned M-1, Light Industrial, and has been since 1958. If
Stylmark was not proposing this office portion, they have the
legal right as a permitted use in the M-1 district to come in and
get a building permit for this addition. As far as the
neighbors' concerns about additional square footage and traffic,
the City is also concerned about these things, but the City
really has no choice, because as long as the property owner meets
all the zoning code requirements, they can get a building permit
and e�cpand up to 40$ lot coverage.
Mr. Les Sokolowski, 6711 Main Street, stated that when they
purchased their property, they had an agreement between the City
of Agreement and them that this is a residential neighborhood.
He did not see how the City can change the tone of the
residential neighborhood, because they pay their taxes as a
residential area.
Ms. Dacy stated it is unfortunate, but this same type of zoning
pattern exists all over the City of Fridley and causes many
concerns with residents who live across the street from
industrial areas.
Ms. Dacy obtained copies of the 1958 zoning map and the 1965
zoning map and showed the residents in the audience that this
property was already zoned M-1, Light Industrial, in 1958 and has
stayed that zoning since that time.
Mr. Sokolowski stated that he had contacted a real estate agent
who told him that he has already lost approximately 25-30� in
5N
��PEALB COMMISSION KE�TING, ![AY 1. 1990 __PAGE 6
property value. This is something about which he is very
concerned, and they want the City to consider this.
Mr. Wagner, 181 Rice Creek Terrace, stated a real estate person
had offered him just what he is paying taxes on right now, and
that is not right.
Ms. Barbara Rohan, 6705 Main Street, stated they are totally
against any further expansion of Stylmark. She stated 2nd Street
is t�e only access to Stylmark, and the residents on 2nd Street,
Main`Street, Rice Creek Terrace, 67th Avenue, and Plaza Curve.
It is extremely difficult to get onto Mississippi because of the
back-up of cars on 2nd Street. It is a dangerous situation for
the children in the area, and there are a lot of little children
in the area. And, there is also the traffic from the Fridley Bus
Company, especially between 3:00 - 3:30 p.m. with the school
buses coming and going.
Dr. Vos asked if any traffic counts had been done on 2nd Street.
Ms. Dacy stated there are no traffic counts at 2nd Street and
Mississippi. Staff can attempt to get some peak hour traffic
counts of traffic for Stylmark traffic and other traffic at the
2nd Street/Mississippi Street intersection before this goes to
City Council on Monday, May 7.
A resident stated that there is also the problem of over-the-road
buses that come in and out of 2nd Street from the Fridley Bus
Company.
Dr. Vos stated since the only access into this neighborhood is at
2nd Street, there is a safety hazard to the residents in that
area. It is also the only access for emergency vehicles to get
into and out of that neighborhood. This is a concern that should
be expressed to the City Council.
OM TION by Dr. Vos, seconded by Mr. Kuechle, to close the public
hearing.
IIPON A VOICE VOTE, �LL VOTING AYE, VICE-CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED ONANIMOUSLY 11ND THE PIIBLIC HEARING
CLOSED AT 8:25 P.M.
Mr. Kuechle stated that regarding the variance to reduce the
setback between the parking area and the building, he would
really like to see some type of protective stop to prevent cars
from hitting the building. The stop did not necessarily have to
be 5 ft. back from the building. He stated he would be in favor
of the variances, with the stipulations recommended by staff and
an additional stipulation regarding some type of protective
measure to prevent cars from hitting the building. Whether or
not they approve the variances will not have any impact on the
50
�pPEALB CO1rIIrII88ION KEETING. MP►Y 1. 1990 � PAGE 7
neighbors, because the neighbors are opposed to any expansion
with or without variances.
Dr. Vos stated he would be in favor of the first variance as long
as the building stays in the same site line. He was not
concerned about the variance to 37 feet for the entryway, because
that is a decorative part of the building. In looking at the
November 15, 1988, Appeals Commission minutes when Stylmark was
requesting a front yard variance to 47.9 feet, three Commission
members mentioned how good a neighbor Stylmark was to the
residential area. It was interesting that now Stylmark is no
longer a qood neighbor, because they want to expand. He would
agree with Mr. Kuechle that there should be a stipulation to
prevent damage to the building.
Dr. Vos stated that one of the most important stipulations for
the neighbors is the drainage plan. This will ensure that the
surface water will not be running dowr� Main Street towards their
properties.
O�i TION by Mr. Kuechle, seconded by Dr. Vos, to recommend to City
Council approval of variance request, VAR �90-07, by Stylmark,
Inc., pursuant to Section 205.17.03.D.(4).(a) of the Fridley City
Code to reduce the required setback from a right-of-way abutting
a residential district from 100 feet to 37 feet and 41.9 feet,
with the following stipulations:
1. The petitioner submit drainage calculations and a
grading and drainage plan prior to the issuance of a
building permit. If necessary, the petitioner shall
receive a permit from the Rice Creek Watershed District
prior to issuance of a building permit.
2. The new parking area along Main Street shall be lined
with concrete curb.
3. The building additions shall be handicapped accessible.
4. The petitioner shall review with the Fire and Building
Inspectors the required fire protection sprinkler
systems and comply with their requirements.
5. The petitioner shall submit a
indicating a continuous 3 foot
parking area and Main Street.
landscaping plan
screen between the
6. Adequate area to the north of the addition shall be
reserved for a 27 car parking area.
And, pursuant to Section 205.17.05.D.(5).(d) of the Fridley City
Code to reduce the setback between a parking area and a main
building from 5 feet to 0 feet with the following stipulation:
5P
appEALB COI4iI88ION MBETING, lU►Y 1. 1990
PAGE 8
1. The petitioner work
type of protective
building.
with City ctaff to provide some
device to prevent damage to the
To allow the construction of additional office ansioniproject, on
conjunction with a qeneral overall building exp
Lots 2-10, Block 6, Rice Creek Plaza South Addition, and Lot 20,
Block 5, Lowell Addition, the same being 6536 Main Street N.E.
IIPON 11 VOICE VOTE, 71LL VOTIIdG 11Y$, VICE-CHAIRPERBON BAV]1GE
DECLARED THE lIOTIOI�T CI►RRZED �IJAI�tIl�I0II8LY.
Ms. Dacy stated this item will go to City Council on Monday, May
7.
Ms. Savage recommended that
concerns to the City Counci
contact their Councilmember,
meeting.
ADJOURNMENT•
the neiqhbors express all theiralso
1 at that meetinq and that they
Ed Fitzpatrick, prior to the Council
OM TION by Dr. Vos, seconded by Mr. Kuechle, to adjourn the
meeting. Opon a voice vote, all votgaiSaCommissi nhmeetinq n
Bsvaqe declared the ![ay 1, 1990, 71pp
adjourned at 8:55 p.a.
Res�ctfully submitted,
C�-�--
Lyn Saba
Recording Secretary
5Q
B I G N— IN 8 H E B T .2
7►PPEALS COlrIIriI88ION �EETING, Mav 1. 1990
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D�.W�NG 2 . i
Existing Site Survey
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APPFALS OCNMISSI�1 I�,'TIlVG, NU�TE�R 15 , 19 88 PAGE 2
Public purpose served by this requix�anent is to provide adequate c�peii
spaoe areas arauid industrial stnictures fo� aesthetic and fire fi�ting
P�S•
8. S'TATID i�1FtDSfffP:
"F�cisting building is dt thi3 setback, "
C. AC@LIlJISTRATIVE S'TAF�' REVIEW:
The petitioner,3tylmark, is requesting a variance which wvuld reduoe the
front yar3 setbadc required for an industrial building adjacent to a
residential district frocn 100 feet to 47.9 feet. Stylmark is pit�posing to
oonstsvct an addition v�iich w�u1d conform with the existing frant building
setback an+3 utilize tiie current building layout. The addition will provide
additional offioe, cafeteria, and bathn�an facilities.
The City has previwsly approved t�a�o similar requests fran this property.
The first variance was grantQd in Auc�ust 1973 �ich reduced the frant yard
setback from 100 feet to 41.9 feet for the oonstru�ction of an office
addition. Another variance aras appraved in Navenber 1985 which reduced the
froa�t yard setback fran 100 feet to 82 feet ta canstruct a warehouse
addition.
A variance is justified if the strict application of the zoning ordinance
wa�ld cause undue fiard.ship for tl�e property owr�er because of the site's
characteristics. Stylmark is situated on 9.3 acres of industrial lar�d. The
existing building is located on the southern end of the site ar�d covers
16$ of the land. This location pzvvides anple e.�ansion apportunities to
the north of the building without the necessity of a varia�ce. If this
area was used to e�and, the petitioner could not utilize the existing flcor
layout. Therefore, the hardship is a�ctually created by the building itself
and not the site's c�aracteristics. Consideratian should be given to this
but also to the fact that tw� similar requests have been previously appraved
for this property.
This proposal ccR�lies with all otl�er applicable zaniuig requir+e�nents exoept
for parking supply. C�z�ently, the site a�ntains 95 spaoes, 76 of �icii
are used by its 77 e�lcyy�ees. The proposed addition wculd increase the
rnsnber of spaoes required fraa 110 to 116. Due to the actual mm�ber of
eRplc�yees, the application of this oz,dinanoe may be irntalid. Staff suggests
that the petitioner sut�cnit a site plan at the t.ime of building perndt applica-
tion which wo�ild delineate a 21 stall parking lot for future use if a parki�g
shortage does occur and is dec��ed ryeoessary by the City.
If apprav�eci, staff z�eoaRnends the follo�ring coriditi�s be attached to the '
pernut:
1. Zhe addition be architecturally ooRQatible with the existing building.
2. �he applicant shall submit a l,arxiscape plan to the LYt�, Staff for a review
and appr�val porior to the buildi,r�g permit issuanoe. �e plan shall
���e ���9 Paz'�4 � s�ing fram public right of-way.
I�xiscapin4 to be installed bj, June 1, 1989.
5Y
APPEALS CONMISSION N�.TING, NOVII�iB�t 15, 1988 PAGE 3
3. Prior tA building peanit issuance, Stylmark shall suixni.t a site
plan which would delineate a 21 stall parking lot for future use
if a shortage of stalls occurs ar�ci is deened necessaty by the
City.
4. Ft�ture building e�ansion sfiall occur to the north to m; n; m; ze the
need for future variances an the south side.
Mr. Clerk sha,red an aerial photo of the praperty. He stated Stylmark is
proposing to construct the new office addition at the same front yard setback
as the original building. He stated Mr. Otto and Mr. M�ooty were at the meeting
to answer any questions the CcRmissioners might have.
Mr. Clark shvw�ed an elevation of the property and a layout shawing the existing
characteristics of the present office area. It dgnonstrates that if they are
going to add office space, the proposed location was the most logical one.
Dr. Vos asked what kind of relationship Stylmark had with its neighbors.
Mr. Mooty stated they have a very good relationship with their neic�bors. As far
as he knew, they hav�e never had arry prablans with the neighbors.
MOZ'ION by Dr. Vos, se�nded by Mr. Sherek, to close the public hearing.
UPON A WICE VOTE, ALL VO2ING AYE, CHP,IRPERSON BARNA DDCLARID TI� PUBLIC F�P,RING
Q,OSID AT 7:55 P.M.
Mr. Kuechle stated he lives in this general area, althouc� not on Main Street.
He stated he thaught Sty]mark was a very nice looking business with clean, well
kept grounds. He would be in favor of reoanrnendi.ng approval of the variance with
stipulations.
Mr. Sherek stat� this loo�ced like a c3ood plan, and Sty]mark has been a good
neighbor in Fridley's oo��ercial ooRmunity. He w�ould wte in favor of the
variance.
Ms. Savage stated she also agreed. The building is very attractive, and it does
not intrude into the residential area. in�at Stylmark is rec�sting is a
setback that is already existing with the original building. She could see no
reasoaz to deny the variance when, an twn previaus occasions, variances were
granted. 5he wauld be in fav�or of the varianoe.
Dr. Vos stated this �ras a reasonable request, and Stylmark was keeping the site
lin�es the same on Main Street. He would wte in favor.of the variar�ce also.
Mr. Barna stated he was also in fawr of reca��r�ding approval of the variance.
The building would look nice architecturally.
5Z
APPFAIS OCAT4ISSION MEETIlJG, NO�IIIKBgt 15, 1988 PAGE 4
M02ION by Dr. Vos, seoorrled by Ms. Savage, to r�ier�d to City Crnu�cil approval
of variance requ�est, VAR �88-26, by Dorin Mooty, pursuant to Sectioci 205.17.03.D, (4) ,(a) ,
of the Fridley City Code to redu�ce the front yard setback from a street right-of-
way abutting a residential district fran 100 feet to 47.9 feet to al]�aw t,he
oonstnlction of an addition to the existing building ori Lots 2-10, B].ock 6, Rice
Creek Plaza, South Ariditi.on, the sa�ne being 6536 Main Street N,E. (Stylmark) ,
with the follo�o�ring stipulations:
1. The add.itiori be architectura].ly ocn�atible with the existing building.
2. Zhe applicant shall submit a landscape plan to the City Staf.f �ar a reviea
and approval priar to the buildir�g permit issuanoe. Zhe plan shall increase
the exi,sting parkinq lot .screenir�g fraa public rightrof-�aay. Iandscaping to be
inctalled by Jtme 1, 1989
3. Prior tA building perntiit issuance, Sty]mark shall st�mi.t a site plan v�ich
would delineate a 21 stall parking lot for future use if a shortage of stalls
occurs and is deared necessaxy by the City.
4. Ftiiture buiTding expansian shall oocur to the north to minimize the need for
future variances an tlie soutfi side . �
•• • M � � � � r• r�-a�� • :• •� ►• � a« � • a� i • �' �•i����
r� � .• ti
Mr. Clark.stated this item would go t� the City Covncil on Dec�nber 19, 1988.
CONSIDII2ATION OF 1989 CONA�IISSI�1 NiEETIl�iG- D T� ;
r,o►rloN by r4s. savage, secoryaea by r2r. Kuectile, to approiv�e ttye 19s9 Appeals
Camussian meeting dates as presented arith the follc�ring c.harx,�e: October 31
to be chariged to October 24.
UPON A VI�ICE VO►iE, AI�L VO'iIl�TG AYE� CE�,IRPER.90�N BAItNA DF�Q�Ft'm TI� MOTION CA�tIID
U1�NIlKOiJSLY.
lC�nj� �1:�� 5�����
MQTION by Mr. Sherek, secorried by Mr. Kuechle, to adjourn the meeting- Upon a
voice wte, all voting ayer Chairperson Barna declared the Nov. 15, 1988, APPealS
Catmissiori meeting acljourn�ecl at 7:55 p.m.
Respectfully submitted,
�.
L,i'r= 7 � , � �
L " Saba
Reoordirbg Secretazy
t
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unroF
fRIDLEY
DATE:
TO:
FROM:
C0�1/WiUNI'i'Y DEVELOPMENT'
DEPARTMENT
MEMORAN DUM
May 3, 1990 s
�� '�
William Burns, City Manager ��•
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
SUBJECT: Approval of Indemnification Agreement for
Bikeway/Walkway Easement on Target Warehouse
Property
As a stipulation of the Target plat approval, and in order to
retain a connection to Locke Park, the City Council required Target
to dedicate a 15 foot bikeway/walkway easement.
The attached Agreement states that the City will be responsible for
the design, construction, and maintenance of the bikeway/walkway
�- within the dedicated easement area from 73rd Avenue to the south
property line of the Target property. The Agreement also states
that the City will hold Target harmless for any loss or damage,
except to the extent that such loss or damage is caused by the
negligence of Target. Dave Newman reviewed the terms of this
Agreement informally with the City Council last fall. Staff
recommends the City Council approve the attached Agreement and
authorize the Mayor and City Manager to execute the Agreement.
BD/dn
M-90-305
�
INDENII�IIFICATION AGREEI�:NT
This Agreement is made as of this day of
September, 1989 between the City of Fridley, State of
Minnesota, hereinafter referred to as the "City," and
Dayton Hudson Corporation, a Minnesota corporation,
hereinafter referred to as "Target."
The parties agree as follows:
1. By a Quit Claim Deed dated October 4, 1989, Target
granted to the City an easement for pedestrian traffic over
and across certain property (hereinafter referred to as the
"easement area") owned by Target. A copy of said Quit
Claim Deed is attached hereto as Exhibit A.
2. It is acknowledged that the easement area will be
available for the use of the public. The City agrees to be
responsible for the design and maintenance of the
improvements to be constructed on the easement area. In
consideration of the grant of said easement, the City
agrees to defend, indemnify and hold harmless Target from
any claims, suits, actions, loss or liability made against
or incurred by Target in connection with any death,
personal or bodily injury, or property damage occurring
upon the easement area, except to the extent that such
death, personal or bodily injury or property damage is
caused by the negligent act of Target.
3. This Indemnification Agreement shall remain in
effect for as long as the above-described easement exists.
IN WITNESS WHEREOF, the parties have caused this
indemnification agreement to be executed as of the date set
forth above.
DAYTON HUDSON CORPORATION
By:
and
By:
Name:
Title:
Name:
Title:
032690/DOC2/INDEMNIFICATION
CITY OF FRIDLEY
By:
Name:
Title:
and
By:
Name:
Title:
. '
. :
QIIIT CLAII� DEED
INDENTURE made this �_ day of oL��%P�" , 19�,
between Dayton Hudson Corporation, a Minnesota corporation,
Grantor, and the City of Fridley, Minnesota, Grantee.
WITNESSETH, That the Grantor, for and in consideration
of the sum of One and 00/100 Dollar ($1.00) and other
valuable consideration paid by the Grantee, the receipt and
sufficiency of which is hereby acknowledged, does hereby
Grant, Bargain, Quitclaim and Convey unto the Grantee an
easement for pedestrian traffic, and to include
construction and maintenance of a bicycle and walking path,
over and across the property described on Exhibit "A"
attached hereto and hereby made a part hereof.
TO HAVE AND TO HOLD THE SAME, together with all the
hereditaments and appurtenances thereunto belonging or in
anywise appertaining, unto the said Grantee, its successors
and assigns forever.
DAYTON N RPORATION � , 1:= • -
j
1� . � r . � `. �'! 4 � .
B � �' and By : - - - _� r - '�.
a e: Jack D. Fontaine Name: William P. Hise
Title: Sr. Vice President Title: Asst. Secretary
STATE OF MINNESOTA
COUNTY OF HENNEPIN
)
) Ss.
)
The foregoing w acknowledged before me this � day of
�L ber' , 19�, by Jack D. Fontaine and William P. Hise,
the Senior Vice President and Assistant Secretary of Dayton
Hudson Corporation, a Minnesota corporation, on behalf of the
corporation.
�
BARBARA E. ERiCICSON '
}qSAiiY PuBIK'.-YtME80TA Notary lic
HENNEPIN COUNTY
� W COAIYISSCN OiPWEi 617�M
Send tax statements to: Tax Parcel No.
This is not homestead property
Return to:
State deed tax: $
This instrument drafted by:
Dayton Hudson Corporation
33 South Sixth Street
Minneapolis, l�T 55402
091289/DOC2/QUITCLAIM
EXHIBIT A
sc
A 15-foot strip of land being a part of Lot 1, Block 1, Target Northern
Distribution Center Addition, according to the plat thereof of record
in Anoka County, Minnesota; said 15-foot strip being located 7.5 feet
on each side of the following described line:
Commencing at the northwest corner of said Lot 1; thence along the
north line thereof, South 89 degrees 06 minutes 24 seconds East,
assumed basis of bearings, a distance of 475.94 feet to the point of
beginning of the line to be described; thence South 0 degrees 53
minutes 36 seconds West 5.00 feet to a point of curvature; thence
along a curve, concave easterly and having a radius of 75.00 feet and
a central angle of 49 degrees 53 minutes 53 seconds, an arc distance
of 65.32 feet to a point of tangency; thence South 49 degrees 00
minutes 17 seconds East 21.71 feet to a point of curvature; thence
along a curve, concave westerly and having a radius of 75.00 feet and
a central angle of 75 degrees 49 minutes 54 seconds, an arc distance
of 99.26 feet to a point of tangency; thence South 26 degrees 49
minutes 37 seconds West 84.24 feet to a point of curvature; thence
along a curve, concave northwesterly and having a radius of 95.00
feet and a central angle of 53 degrees 00 minutes 38 seconds, an arc
distance of 87.90 feet to a point of compound curvature; thence along
a curve, concave northerly and having a radius of 185.00 feet and a
central angle of 32 degrees 24 minutes 27 seconds, an arc distance
of 104.64 feet to a point of reverse curvature; thence along a curve,
concave southerly and having a radius of 185.00 feet and a central
angle of 31 degrees 48 minutes 36 seconds, an arc distance of 102.71
feet to a point of tangency; thence South 80 degrees 26 minutes 06
seconds West 124.96 feet to a point of curvature; thence along a
curve, concave southeasterly and having a radius of 85.00 feet and
a central angle of 50 degrees 25 minutes 36 seconds, an arc distance
of 74.81 feet to a point of tangency, thence South 30 degrees 00
minutes 30 seconds West 29.77 feet to a point of curvature; thence
along a curve, concave easterly and having a radius of 130.00 feet
and a central angle of 30 degrees 30 minutes Ol second, an arc
distance of 69.20 feet to a point of tangency� in a line drawn 7.5
feet easterly from, and parallel to, the westerly line of said
Lot l; thence along said 7.5 foot parallel line South 0 degrees 29
minutes 31 seconds East 792.81 feet to the south line of said Lot 1,
and there terminating.
The side lines of said 15-foot strip shall be extended or shortened as
necessary to form points of curvature and tangency, and shall terminate
in the north and south lines of said Lot 1.
Sheet 1 of 1
October 31, 1989
JVC7-18.2
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PRELIMINARY PLAT
t
�
ctnroF
F� ��
C0�1/iMUNITY DEVELOPMENT
DEPARTMENT
MEMORANDUM
DATE: May 3, 1990 r�`
�`, i
TO: William Burns, City ManagerL�
FROM:
SUBJECT:
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Easement Agreement with MT Properties to Allow
Bikeway/Walkway to Cross MT Property's Easement
The attached Agreement permits the City to construct, operate, and
repair the bikeway/walkway from the Target property across the 50
foot wide the railroad property between the Target Warehouse
property and Locke Park. As in the other Agreement, it states that
the City agrees to indemnify MT Properties from any loss, damage,
or injury, except in the instance that any loss, damage, or injury
is a direct result of the negligence of MT Properties.
Councilwoman Jorgenson had a concern regarding the sounding of
horns on the train to alert users of the bikeway/walkway. We asked
the operator of the railroad to address this issue (see attached
response).
The City will also be installing the standard cross-buck standards
in accordance with the setbacks dictated by the Agreement in
Paragraph E.
We will be receiving the legal description of MT Properties' strip
of land in the near future, and will submit the final copy to the
Mayor and City Manager for signature.
Recommendation
Staff recommends the City Council approve the attached Agreement,
and authorize the Mayor and City Manager to execute the Agreement
when the legal description has been properly incorporated into the
Agreement.
BD/dn
M-90-306
■�
7A
EASEMENT AGREEMENT
THIS AGREEMENT is entered into by and between M T Properties,
Inc., (hereinafter "Grantor"), and the City of Fridley
(hereinafter "City"), a political subdivision of the State of
Minnesota.
Grantor is the owner of the following described tract of land
situated in Anoka County, Minnesota, to wit:
In consideration of the payment of the sum of One ($1.00)
Dollar and other good and valuable consideration;'the receipt of
which is hereby acknowledged, Grantor hereby grants to the City,
its successors and assigns the following easement:
1. A permanent easement for the purpose of construction,
maintenance, ope�ation, inspection and repair of a public
walkway/bikeway over the following property in Anoka County,
Minnesota:
Said easement is subject to the following terms and
conditions, assumed by the City by acceptance of this Agreement:
(a) The easement herein granted is subject to any
outstanding agreements made by the Grantor for the use of its
tracks or property affected by the same (although the
Grantor represents that it is unaware of any such outstanding
agreement which would prohibit the granting of this easement)
and subject to the right of Grantor to enter into further and
. -1-
�L��
different agreements for the use of its tracks and property
affected; provided, however, that any such future agreements
shall expressly reserve the easements conveyed to the City
herern.
(b) The entire cost and expense of the construction,
maintenance, operation, inspection and repair of said public
walkway/bikeway shall be borne by the City. This sY►all
include costs of relocation, reconstruction, removal, or the
ultimate restoration of the premises of the Grantor
thereafter, except that any work relating to installation and
maintenance of signal crossings shall be governed by a
separate agreement between the parties. All work done
affecting the tracks or property of the Grantor shall be done
under the direction of the designated officer of the Grantor
and all plans for and method of construction shall be
approved by him before work proceeds thereon.
(c) All work permitted herein shall be done in such a
manner as to cause no interference with the continuous or
uninterrupted use of the tracks and property�o�f the Grantor,
and nothing shall be done or suffered to be done by the City
that will in any manner impair the safety of the use of said
tracks and property.
(d) The easements herein are further granted subject to
the needs and requirements of the Grantor in the operation
and use of the tracks and right-of-way herein referred to and
to the needs and requirements of all railroads using the
Grantor's tracks and right-of-way, or either, by permission
-2-
7C
of the Grantor. Said easements shall not interfere with the
services being or to be performed or rendered to industries
adjacent to the right-of-way of the Grantor by the Grantor or
other railroads using the Grantor's tracks and right-of-way.
Said easements, further, shall not interfere with the right
of the Grantor to �ake changes in existing tracks or affect
the installation or operation of additional tracks or
struCtures.
(e) The City shall not place, or permit to be placed or
to remain, any equipment, material, structure, pole or other
obstruction, moveable or stationary, within 8.5 feet on
straight track or 9.5 feet on curved track laterally of the
center or within 27 feet vertically from the top of the rail
of the tracks.
(f) Grantor shall not be liable for interruption of the
use of said public roadway or public trailway, howsoever
caused.
(g) The City agrees to indemnify and save harmless the
Grantor and any and all railroads using the Grantor's tracks
and right-of-way, or either, by permission of the Grantor,
from any and all loss, damage and injury of every kind and
nature, and all costs, expenses and attorney's fees incident
thereto, which the Grantor or any of its use�rs may sustain or
incur by reason of the City's use of said walkway/bikeway or
the easements herein referred to, excepting from said
indemnification in this paragraph contained any loss, damage
or injury occurring by reason of the use of said public
-3-
walkway/bikeway after construction thereof has been completed
and further limiting said indemnification to the municipal
tort liability limitations in Minn. Stat. Section 466.04.
(h) The City shall not assign this Agreement without
first having obtained the written consent of the Grantor.
IN WITNESS WHEREOF, Grantor has caused this grant of
permanent easement to be executed on the day of , 1990.
ATTEST: M T PROPERTIES, INC.
BY:
STATE OF MINNESOTA �
ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this
day of , 1990 by ,
the of M T Properties, Inc., a
Corporation under the laws of Minnesota, on behalf of the
Corporatir�n.
ACCEPTANCE OF EASEMENT
The CITY OF FRIDLEY hereby accepts the foregoing easements
and consents to be bound by all of the terms and conditions
therein contained.
DATED:
-4-
CITY OF FRIDLEY
BY:
William J. Nee
Its Mayor
By:
William W. Burns
Its City Manager
7D
STATE OF MINNESOTA
ss.
COUNTY OF ANOKA
On this day of , 1990, before me a Notary
Public in and for said County personally appeared WILLIAM J. NEE
and WILLI�AM W. BURNS, who, each by me duZy sworn, did say that
they are respectively the Mayor of the City of Fridley and the
City Manager of the City of Fridley, named in the foregoing
instrument, and that said instrument was signed and sealed in
behalf of the City of Fridley by authority of the City of Fridley
and they acknowledged that the instrument was signed as the free
act and deed of said City.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Herrick & Newman
Suite 205
6401 University Avenue N.E.
Fridley, Minnesota 55432
Phone (612) 571-3850
-5-
�
7E
612 374 4749
APR 17 '9� 14:58 FROM CLARK ENGINEE�ING
PAGE.��c
7F
Sike Path Easement strip
Across Railroad
A 15-foot strip of land being a
Railway Right-of-Way in the South
Secticn 11, Township 30 North,
Minnesota, and lying 7.5 feet
described center ].ine:
Comrnencing at
South Half of
of said Sauth
16 minutes 07
of beginning;
61.99 feet to
Right-of-Way,
part of the Minnesota Transfer
Half of the Southeast Quarter of
Range 24 West, Anoka County,
on each side di the following
the nartheast cerner of the west 675 feet of said
the Sautheast Quarter; thence along the north line
Half, assumed basis of bearings, South 89 degrees
seconds East a distance vf 7.50 feet to the point
thenae South 35 degrees 30 minutes 06 seconds East
the south line of said Minnesota Transfer Rai2way
and there terminating.
The side lines of said 15-foot strip shall be extended oz shortened
as necessary to terminate in the sauth line of said Right-of-way,
in the narth line of said South Half of the Southeast Quarter, and
' in the east line of said west 675 feet of the South Half.
Sheet 1 of 1
August 18, 1989
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w�Ar �r Sc.A�� = i � 50 ±
CtARK FNGINEEa�NG C0.
. COtlSUi,T!!i6 qtGfkEERS'
� nu w�tut� to�cr�uo
��t�tetts, naaccsatn �stis
,4z,��D �3i�� ?��f%r
je'Fr��s, �7�....�VG
D�Y.�'7�-D � �G' �6�•
oN '7�'i�a�` �5 � 7'� `
`NeT o�ll G�. OF�/Z.�,J V �
' T'At�GET DfST�lBUT�aN CE�I;�R. '
FQtdi.�YJ MiN�1�5QTA .
GEG GOMM. 1J�� 89p7�i
AuGu57 t7. �Re�q _ _ _ . _ _
�---
� MINNESOTA G�MMERCIAL RAILV�J�Y COMPANY
• Suite 1710 � �
53 W. Jackson Boulevard
JOHN W. GOHMANN Chicago, I L 60604
Chairman, President 312-427-0495
OctAber 30, 1989
Barbara D�acy.
Plarminq Coo�iinater �
City of I'ridley,
6431 University Avernie N.E.,
Fri.dley. N�I 55432
De�s' "4s. DaCy:
�an]cs for your mte of Oct�aUPS 24th cor�cerning the bikewaY �x'°gsing.
We'd be g].ad to give yvu a bid on the cost of location of "cross bucks"
ar�d an acceptable crossirig (either black er) at this location,
now that the pi�ocedural mat ers are aut of the way. Yau asked about us
scxu�d' aur airhorns ar�d. the an_swa� is, that we to be ��
nei rs ' r�t sourr3 horns ess e is a enuine need to do so -
we alwavs use bells and h.ave our headlight burning, too•
At this crossing, we'd be ha to sc
our col ective t iudcra?'�n�_-�_
ss necessary to av�oi.d an anerg�cy.
�e horn as we ap�aroach if in
best wav to o so, or, it
Please ccntact Marv Sc.hnick�ls of aur cattpanY at 612-646-201�to handle the
constructicn of the walkway/bicy�le �th, as well as the cross buck relvc�tion.
Obvir�usly, You'll need t�o talk to t+ir. Fc�rbes about the eassn�t matters.
Thanks for yrur letter, and, we look forw�l t�o working with yau.
S
��
cc: Gon3on Forbes, *� Properties► �S. Wayne Hall. Carroll Bona
Minnesota's Railvray of Comme►ce. IndustrY and Industrial Developrnent
Englneering
Sewer
Water
Parks
Sireets
Mainlenance
MEMORANDUM
�- '
TO: William W. Burns, City Manager��' PW90-182
FROMs John G. F1ora,fPublic Works Director
DATE: May 2, 1990
SUBJECT: Flanery Park Shelter Project No. 206
On Wednesday, May 2, 1990, at 11:00 a.m. at the Municipal Center,
we received bids for the Flanery Park Shelter Project No. 206.
Eleven (11) contractors requested plans and specifications. We
received five (5) bids.
Karlen Construction was the low bidder at $87,831.00. Jack Kirk
is reviewing the bids to determine whether the structure should be
constructed with plank siding or burnished block. His
recommendation will be submitted to the Council on Monday.
Recommend the City Council receive the bids.
JGF/ts
Attachment
E�3
�, �
•
BID PROPOSALS FOR
FLANERY PARR SHELTER
PROJBCT �TO. 206
IiEDNEBDAY� MAY 2� 1990 11:00 A.M.
gID TOTAL
PLANHOLDER BOND MATERIALS BID
Karlen Construction
901 - 125th Ave., N.E.
Blaine, MN 55434
Earl Weikle & Sons
2514 - 24th Ave., S.
Minneapolis, MN 55406
Johnco Builders, Inc.
6729 West Shadow Lake Dr.
Lino Lakes, MN 55014
Morcon Construction
5905 Golden Valley Rd.
Golden Valley, MN 55422
Cedar Forest Products
P.O. Box 158
Polo, IL 61064
Const. Marketing Data
8401 - 73rd Ave., N.
Suite 82
Brooklyn Park, MN 55428
Felix Construction
Route 4, Box 470
North Branch, MN 55056
Flanagan Sales
1460 W. Co. Rd. "C"
Roseville, MN 55113
5$
5$
5�
5$
$44,500.00 � $87,831.00
5$ � $39,000.00
NO BID
NO BID
NO BID
Gardner Stone Co.
St. Paul, NII�1 55104 NO BID
Lutz Const.
4515 W. 56th St.
Minneapolis, MN 55424
Royal Electric
7401 Central Ave.
Minneapolis, MN 55432
NO BID
NO BID
$93,653.00
$95,491.00
$95,700.00
• ,
I
BUDGET 1990
City or Frtdley
State of Minnes�a
Parics Capital Improvements
�
1
J
:
BCB
R
FA
E
ECB
BCB
R
FA
E
ECB
BCB
R
FA
E
ECB
1990
Pr ects
650,120 Tennis Court Resuriacing 59,000
152.010 Sprin�brook Picnic Shelter t7,000
802,130 Springbrook Natu�e Center Parking 45,000
166,000 Flanery Park Buiiding 80,000
636,130 Playground Equtpment Upgrades
(Plaza Park and Unity Property) 15,000
TOTAL 5166,000
636,t30
231.290
867,420
194,000
673,420
1991
Proiects
Commons Park Activlty 8uildinp
Lightinp Upgrades (Craig, Summit Sq.
and No. Park Elementary}
Springbrook Entrance Lartdscaping
Little League Park Building
Playground Equipment Upgrades (Altura
and Edgewater Gardens)
Tennis Court Resurtacing
TOTAL
1992
Proiects
673,420 Sylvan Park Warming House
154,274 Tennis Court Resurtacing
827,694 Riverview Heights Parking
131,000 Lighting Upgrade (Ruth Circie
696,694 and Edgewater)
Playground Equipment Upgrades
(Oak Hill artd logan)
TOTAL
368
580.000
18,000
7,000
65,000
15,000
9,000
s,sa,000
545,000
9,000
50,000
12,000
15,000
313t,000
: :
Engineenng
Sewer
Water
Parks
Streets
Main�enance
MEMORANDUM
��
1 -
v
TO: William W. Burns, City Manager,��e PW90-181
FROMz John G. Flora,`tublic Works Director
DATE: May 2, I990
SUBJECT: Onondaga Street Storm Sewer ,
Repair Project No. 209
As we prepared the 5-Year Capital Improvement Program, we
identified the Onondaga Street Storm Sewer Repair Project No. 209
at $30,000.00. Since that time, we have received information that
the cost of materials and installation are closer to $45,000.00.
In order to repair this open-jointed storm sewer line and save the
surface of Onondaga Street, recommend the work be authorized as
Onondaga Street Storm Sewer Repair Project No. 209.
As we have been preparing our 5-Year Capital Improvement Program,
we have revised the cost for the project to reflect a$45,000
estimate.
Recommend that the budget amount be adjusted to reflect this
estimate cost.
JGF/ts
Attachment
0
�• �
•
RE80I�IQ�I �A. - 1990
•�:r_. � r ..•u::�• . � r• •.. + i �:� � •.• • • .,- i.
•�v���• � � � :�-� �:� i:� •t- : ��, r �: u • r• •��+ • •�
:��,.��. .��. , �. .,• � • . •
1�48, the City Cbw�cil of the City of Fridley has established a policy of
repair storm sew�er wh�.n neoessary�
W�AB, the Public Works Dizect:or has sulxnitted a plan shawir�q the stoYm sew�ers
in need of repair,
I�UW, �, HE IT I�80LVED, by the Ca.ty t7ow�cil of the Gity of FYidley,
Anaka Oauity, Msnnesota, as follaws:
1. �at the stona s�wnx reva�ed for repair by the Rablic Works
D�ar�i�ent be r�paired, ar�d th�e work inv�olved in said i�rove�nent
shall hereafter be de.signated as:
Sl�s �PER PIPE 1�;P�lIR Pt�J►TBGT 1�U. 209
2. Zhe plans azxi specifications prepared by the Public Works Depar�zt
for such i�rove�oent ar�d each of th�m, pursuant to the Cauncil
actio� h�eretofore, are hereby approved ar�d shall be filed with the
City Clerk.
3. ZY�e wnrk to be perfonmed w�der Si�i S�TQIIt PIPE � PI�O�TDGT I�U.
209 be perfoYmad w�der oa�e oontract.
The Public works Diracbor shall a000zdir�gly prepane ar�d cause to be i.nserted in
the official r�wspapex advertisement for bids upon the makirig of such
i�ro�veznetits iu�der such approved plans ar�d specifications. Zhe adverti�zt
shall be published for two (2) w�eeks (at least 10 days), ar�d shall specify the
w�rk to be done ar�d will state that bids will be � at 11:00 a.m. on
We�ay, May 30, 1990, in the Oo0.u�ci1 Ct�ambexs of the City Hall, ar�d that no
bids will be c�ansidered w�less sealed ar�d filed with the Public Works Direct';or
ar�d a000m�anied by a cash deposit, bid boni, or oertified check payable to the
City of FYidley for five peroent (5g) of the amamt of such bid. �at the
advertis�ment for bids for 8� S�WIIt PTPE � P�EaO►TDCT Nc�. 209 shall be
substantially star�dard in form.
: tia�� n �• � �� r:r N •� �i w� •�- r:�- �+ •r • n r:� : r: � � •
r• �
WILT�AM J. NEE - NAYCIR
ATI'F�ST:
��r r.... a N �+��
8
. .
�
, • w- . : �..:�-.c
• r��• r •��+ �i•� :�:�'v�+• •i:,�� �• ••• a • � •'
Sealed bids will be reoeived ar�d publicly apex�ed by the City of Fridley, �oxa
damty, Minnesata, at the offioe of the Public Works Director of the City of
FYidley, 6431 University Avenue, N.E., Fridley, Mi.nnesata, 55432, (�e1.57Z-3450)
oa1 the 30tb day of 1�iY, 1990, at 11:00 a.m. for the �+�rn� �?? *±� of wr�rk arid
materials for the follawin3 work for the City of Fridley O�ID�GA BTREET ST�R'Ni
� REPAIR PlaO►7DC.T l�U. 209.
Zl�e storm sew�er pipe r�air project ooavists of insitufozm linirg of 348 lineal
feet of 15-itx3z diameter storm sewpx pipe.
All in a000rd,anoe with plans ar�d specificatiaris prepared by Jahn G. Flora, P.E.,
Public Works Direct.or, FYidley City Hall, 6431 Univexsity Avenue N.E., FYidley,
MN, 55432 (Z�el. 571-3450) .
Plans ar�d specifications may be e�mined at th�e offioe of the Public Works
Director ar�d oapies may be d7tained for the Oontractor's individual use by
apQlyir�g to the Public Wbrks Direc.•tor.
Bids aoust be made oai the basis of ca�sh paymeizt for work, and aooa�aitied by a
ca.sh deposit, vertified c�eck (oa� a r�Onsi.ble bank in the State of N[innesota)
or a bidder's bor�d made payable withait vo�ditior► to the City of Fridley,
Mi.nnesata, in an amaunt of not less ti�n five peroent (5�) of the t�tal amaunt
of the bid.
Zhe City dau�cil reseives th�e right to rej ect ariy ar�d all bids arid to waive ariy
info�malities in arry bids r�eoeived without explanation.
No bid may be witlxlrawn for a period of thirty (30) days.
By order of the City Ooui�cil of the City of F�idley, Minnesota.
Dated this 7th day of May, 1990.
Published: FYidley Focus
May 9, 1990
May 16, 1990
May 23, 1990
Jatu�► G. Flora, P.E.
PUBLIC W1�2K5 D�R
Constructian Bulletin
May 11, 1990
May 18, 1990
May 25, 1990
. �
�
J BUDGET 1990 7C
. ,_ City of Fridiey �
State of Minnesota
.,, Storm Water Improvements
�
� BCB 451,272
-� R 196,102
FA 647,374
� E 97,570
� o ECB 549,804
.�
BCB 549,804
" R 203,984
FA 753,788
E � 04,109
• ' • ECB 649,679
I � �
jl ` , BCB 649,679
R 203,974
�FA 853,653 R
' E 133,974
_ ECB 719,679
a_
` BCB 719,679
R 209,574
FA 929,253
� E 112,773
_ ECB 816,480
�
` BCB 816,480
_ R 263,318
FA 1,079,798
� E 140,711
_ ECB 939,087
�
1990
Pro ects � �
Highiand Lake Diversi�o Clover Pd St5,000
Relining Storm Sewer Onondaga Drive 30,000
(nterfund Charge 52,570
TOTAL 597,570
1991
Proiects
52nd Avenue Flood Protection
Community Park Pond Repair
Totino Pond Repair
Interfund Charge
TOTAL
1992
Proiects
Stonybrook Creek Diversion
Interfund Charge
TOTAL
1993
Proiects
Oak Glen Creek Erosion ProjeCt
Interfund Charge
TOTAL
1994
Proiects
64th Avenue Storm Sewer
Norton Creek Repair
Intertund Charge
TOTAL
376
330,000
10,000
5,000
59,109
3104.109
$75,000
58,974
5133,974
$50,000
62,773
5112,773
550,000
25,000
65,7t t
$140,711
MGMVFiA1�lUUM
_ c�tr •t fr1�1•y 1 V ;;
WWiam C. Hunt � ��
_ i��1 Ye1t���ItY A��s�• N.E. . >
Fr�ai•y, ���n•sot• ssass Assistant tp the City Mensger �
rAoA. te�:�s>>•saso ��
MEMO TOt 1PILLIAM 1i. BIIRNS, CITY MANAaER,�
� �� ,
FROM: 1�ILLIAM C. BIINT, 1188IBTANT TO THL CITY KANAGER ����
�
BIIBJECT: REVISION OF POLICY FOR IISE OF PIIBLIC MEETING PLACES IN
THE FRIDLEY MIINICIPAL CENTER
DATE: MAY 2, 1990
Upon returning to the renovated Municipal Center it has become
evident that the previous policy for the use of public meeting
rooms needs revision. The policy we had been usinq in the past was
developed in January of 1977. With the renovation of the Municipal
Center and with the changes in the number and types of rooms
available it was necessary to make a number of major revisions.
After developing several drafts the revised policy was distributed
to all of the department managers and their suggestions have been
incorporated into the final draft. I believe that in its present
form the policy addresses most of the issues that we have found in
our experience with the renovated Municipal Center.
I request that you present this to the City Council for their
approval at their meeting of May 7, 1990.
WCH/jb
10A
Draft of 05/02/90
TOt RESIDENTS OF THE CITY OF FRIDI+BY
BIIBJ$CT: POLICY FOR IIBS OF PIIBLIC MEETING PLACES IN THE FRIDLEY
�iQNICIPAL CBNTER
A. PURPOSE
The purpose of this memorandum is to clarify conditions
and terms for the use of the Council Chambers, Meeting
Rooms 1 and 2, and Conference Room A as meeting places.
This memorandum is applicable to use of rooms by
residents of Fridley, Minnesata.
B. DEFINITIONS
1. Meeting Rooms 1 and 2 may be used either as one large
room or two small rooms. These rooms are located on the
lower level of the Municipal Center. This use of the
room(s) includes only the tables and chairs within it.
The maximum capacity of Room 1 is 50; Room 2 is 50; and
the combined Rooms 1 and 2 is 100.
2. Kitchen - the facility adjoining Meeting Room 1 and
. containing appliances for food storage and preparation.
3. Council Chamber - the large room on the east side of the
main entrance of the Municipal Center. The Council
Chambers may be divided into two smaller rooms (Council
Chamber North and Council Chamber South).
4. Conference Room A- the area located next to the Council
Chambers. It contains a large table and chairs.
5. Governmental agency -- a city, county, state or federal
unit of government or a program, department, or official
of same .
6. Non-governmental - not elected, appointed or employed by
local, county, state, or federal government.
7. Non-profit organization - a religious, educational
service, recreational, or charitable organization which
does not operate for profit.
8. Private firm or corporation - one belonging to or
concerning a particular person or group; not open to,
intended for or controlled by the public.
1
C.
D.
I2ESPONS I BI LITY
l. The City Manager is authorized to enter into agreement
for use of the Council Chambers, Meeting Rooms 1 and 2,
and Conference Room A according to the provisions of this
policy.
2. The City Manager reserves the right to disapprove the use
of the Council Chambers, Meeting Rooms 1 and 2, or
Conference Room A when such use is considered not to be
in the best interest of local government.
�.����
1. se
a. The Council Chambers, Conference Room A, and Meeting
Rooms 1 and 2 are primarily designed and intended for
official local government meetings. Therefore, priority
for use of the above rooms will be given to governmental
use.
b. The rooms may not be used for purposes that would cause
any interference whatsoever with Council or other
governmental meetings, reqular or emergency scheduled in
the building area. If interference could possibly occur,
the government function has priority, and other meetings
would be immediately cancelled. The cancellation
privilege shall apply regardless of reservation by the
non-governmental users.
c. Dances shall not be held in any of the Public Meeting
Rooms. If the Public Meeting Rooms are used for games
or activities where physical exercise is part of the
program appropriate professional personnel must be
present for the safety of participants. The City may
require a waiver of liability and evidence of insurance
for such events.
d. An attendant (city employee) shall be present in the
building during the time of use. Custodial staff may
serve as an attendant outside of working hours.
e. Normally, the use of the Municipal Center will be
restricted to Meeting Rooms 1 and 2, Conference Room A,
and the corresponding public restroom facilities.
Council Chambers will not be used by non-governmental
users except when expressly approved by the City Manager.
f. Conference Room A and the Council Chambers will not be
available on nights when the City Council is in formal
session.
2
, :�
10C
g. Activities scheduled for the Meeting Rooms, Conference
Room A, and the Council Chambers shall be restricted to
the hours of 8:00 AM to 10:30 PM Monday through Friday.
Use of these meeting places after 10:30 PM or on
Saturdays is normally not allowed. Use after 10:30 PM
or on Saturday shall be granted only upon the City
Manager's approval and with payment of an attendant at
time and one-half plus 15$ for F.I.C.A., P.E.R.A.,
Workers' Compensation insurance, etc. Activities
scheduled for Saturday shall be scheduled between the
hours of 9:00 AM and 5:00 PM. Meeting Rooms 1 and 2,
Conference Room A and the Council Chambers shall not be
reserved for non-governmental functions on Sundays,
Holidays, or the day of an election.
h. Meeting Rooms 1 and 2, Conference Room A, and the Council
Chambers shall not be used for private parties or wedding
receptions.
i. Reservations by non-governmental agencies shall be made
for use of Meeting Rooms 1 and 2, Conference Room A, or
the Council Chambers on a once-a-month basis. This
procedure allows opportunity for equal use of the
facility by all groups. More frequent usage may be
scheduled a week in advance depending on availability.
j. No alcoholic beverages may be brought into, served, or
conswaed on the premises.
k. No smoking is allowed in the Municipal Center.
1. No food may be prepared on the premises. Food brought
in may be reheated in the kitchen area and consumed only
by the users of the facility.
m. Users shall agree to absolve the City from all liability
claims in event of an accident or injury while using
Meeting Rooms 1 and 2, Conference Room A, or the Council
Chambers.
n. Meeting Rooms 1 and 2, Conference Room A, and the Council
Chambers may not be used by private firms or corporations
unless such a meeting is scheduled for the purpose of
meeting with government officials or is specifically
approved by the City Manager.
o. A standard agreement form will be signed by the user's
representative prior to use for other than government
functions.
p. No furniture or equipment may be left in any of the
meeting rooms without prior written approval.
3
2. Reservations
10D
a. Applications for use of Meeting Rooms 1 and 2 or
Conference Room A shall be submitted to the Office of the
City Manager at least ten (10 ) days prior to the date the
reservation is desired. Advance notice is required to
insure scheduling.
b. Applications for use of the Council Chambers shall be
submitted a minimum of three (3) weeks in advance. This
will allow sufficient time for approval of usage so as
not to interfere with Council meetings, public hearings,
commission meetinqs or the like.
3. Priorities
a. Meetings scheduled by local qovernment shall have first
priority for use of Meeting Rooms 1 and 2, Conference
Room A, or the Council Chambers.
b. Reservations of non-profit organizations such as service
organizations, church groups, community clubs, political
groups, and recreational groups will be on a first come
first served basis. Reservations by non-profit
organizations will not be confirmed more than thirty days
in advance.
4. Care of the Facility
a. The user shall agree to pay for all damages to City
property or equipment over and above normal usage.
b. The user shall agree to leave the room in an "as
received" condition. The kitchen and equipment shall be
cleaned after use.
5. Fees for Use of Rooms
a. The City Manager shall establish fees for the use of
public meeting places in the Municipal Center and shall
review and revise these fees from time to time as needed.
4
10E
CITY OF FRIDLEY
FEES FOR II88 OF ROOMS IN
FRIDLEY MONICIPAL CENTER
EFFECTIVE MAY 1990
The following fees apply to the use of public meeting space in
the Fridley Municipal Center for a meeting or activity lasting
up to four (4) hours:
Meeting Room 1 (with kitchen)
Meeting Room 2
Meeting Rooms 1 and 2
(kitchen included)
Conference Room A
Council Chambers, South
(No food or drink allowed.)
Council Chambers North
(No food or drink allowed.)
Council Chambers (Combined)
(No food or drink allowed.)
$15.00
$10.00
$25.00
$10.00
$25.00
$25.00
$40.00
Additional Charge - Attendant charges will be made after 10:30
p.m. Mondays through Fridays and all day Saturday at the rate
of the individual's salary considering time and one-half for
overtime plus fifteen percent (15$) for F.I.C.A., P.E.R.A.
workers' compensation insurance, etc. As of May 1, 1990 this
rate will be $14.50 per hour.
SLNT FOR IIB$ OF PIIBLIC MEETINC3 PLACEB
ZN THE FRIDLEY MIINICIPAL CENTER
Name of Organization:
For Use of Rooms in Municipal Center: Check One Fee
Meeting Room 1 with kitchen
Meeting Room 2
Meeting Room 1 and 2 with kitchen
Conference Room A
Council Chambers South
Council Chambers North
Council Chambers (combined)
1. Purpose for which facility will be used:
$15.00
$10.00
$25.00
$10.00
$25.00
$25.00
$40.00
2. Hours: From to
3.
4.
5.
Anticipated Attendance:
Equipment desired
Number of chairs:
Number of tables:
Podium:
White board:
Overhead projector:
Loud speaker system:
Coffee pot (55 cup):
Coffee pot (30 cup):
Adults
Date:
Children
Please make a diagram
of how you wish the
room(s) to be arranged
on the other side of
this agreement.
10F
Permission to bring into building:
(Equipment, Supplies, etc.)
If there are problems with the arrangements please contact the
custodial staff. Other equipment or services are the responsibility
of the party or parties using the public meeting places.
The applicant (user) agrees to:
1. Absolve the City from all liability claims in event of an
accident or injury incurred by users while using the
facilities.
2.
3.
4.
Pay for all damages to City property or equipment over and
above normal wear and tear.
Assume full responsibility for the conduct of the group during
the time the facility is being used.
Leave the room in "as received" condition and kitchen and
equipment in cleaned condition after use.
Continued on the other side.
AGREEMENT FOR OSE OF PUBLIC 1+iEETING PLACES
IN THE FRIDLEY MIINZCIPAL CENTER
Page 2
5. Pay an attendant charges in addition to the above fee charges,
after 10:30 PM Mondays through Fridays and all day Saturday at
a rate of individual's salary considering time and one-half
for overtime plus 15$ for F.I.C.A., P.E.R.A., workers'
compensation insurance, etc. amounting to a total of $14.50 per
hour.
6. Abide by the terms of this agreement and conform with written
policy governing the use of ineeting places in the Municipal
`Center.
7. Recognize the right of the City of Fridley to cancel this
agreement in event of emergency or conflicting governmental
use.
Signature of Person in Charge Phone Number During Business Hrs
Name, Printed
Date
Full Address
Please indicate below how you wish the room(s) to be arranged.
10G
11
� FOR CONCUR.RENCE HY THE CITY COUNCIL
�j� Ma 7, 1990
f L' ense• B� Approved By:
LICEN8E8
Type o ic �
CIGARETTE
Al1 Temps A& J Enterprises James P. Hill
5500 Main St.N.E. Public Safety Director
Fridley, Mn. 55432
Burlington Northern Mn.Viking Food Serv.
�� • �� ��
Crew Office
80 - 44th Ave.N.E.
Fridley,Mn. 55432
�� ' �� �� ��
Burlington Morthern
Main Office
�� �� ��
Burlington Northern
piesel Shop
A & J Enterprizes "
Carter Day
500 - 73rd Ave. N.E.
Fridley, Mn. 55432
��
Central Embers Inc. Embers Inc.
5400 Central Ave. N.E.
-- Fridley, Mn. 55421
I nc . '�
Fina Finaserve,
7298 Highway 65 N.E.
Fridley, Mn. 55432
Fridley Country Boy Country House Inc.
��
6501 Central Ave. N.E.
Fridley, Mn.55432
- George's Restaurant Anthony G. Nicklow
��
3710 E. River Rd.
Frid�ey, �4n. 55432
Grocery Hut Craig M. Relopez
��
7883 E. River Rd.
Fridley, Mn. 55432
Hanna Magic Car Wash Victory Enterp. Inc.
��
7300 University Ave. N.E.
Fridley, Mn. 55432
John's Superette M& G Enterprises
��
8100 E. River Rd.
Fridley,Mn. 55432
�� ��
�� ��
�� ��
�� ��
�� ��
��
��
��
��
��
12
Fees:
�12.00
$12.00
$12.00
$12.00
$12.00
$12.00
$12.00
" $12.00
" $12.00
" $12.00
" . • $12.00
" $12.00
� 12A
�► �'OR CONCURRENCE HY THB CZTY COVNCIL LlCSltsEB
��, May 7, 1990 Pa e 2
CIGARETTE CONT.
LaMaur Mn.Viking Food Service
�� �� " $12. 00
5601 E. River Rd.
Fridley,Mn. 55421 �
LongView Fibre Co. " " " " " " $12.00
5851 N.E. River Rd. •
Fridley, Mn. 55432
Midwest Print
P�SI/Griswold " " " $12.00
5101 Industrail Blvd.
Fridley, Mn. 55432 .
PDQ #281 PDQ Stores of Mn. " " " $12.00
620 Osborne Rd. N.E.
Fridley, Mn. 55432
Perkins Restaurant #1041 Same
�� �� " $12 . 00
7520 University Ave. P�.E.
Fridley, Mn. 55432
Safetran Systems Corp. Mn.Viking Food Serv. " " " $12.00
4650 Main St. N.E.
Fridley, Mn. 55432
Skywood Inn Skywood Mall Inc. " " " ��•00
5201 Central Ave.N.E.
Fridley, Mn. 55421
Snyder's Drug Store #18 Same " " " $12.00 .
6582 University Ave. NE.
Fridley, Mn. 55432
Totino's Mn.Viking Food Serv. " " " $12.00
7350 Cortrtnerce Lane
Fridley, Mn. 55432�
University Billiards Greg Asproth " " " �12.00
1178 University Ave. N.E.
Fridley, Mn. 55432 . �
Unocal 76 Self Serve Same " �" " $12.00
5695 Hackman Ave. N.E. •'
Fridley, Mn. 55432
V.F.W. Post 363 Ron Saba " " " $12.00
1040 Osborne Rd. N.E. '
Fridley, Mn. 55432
JFOR CONCURREt�10E BY THE CITY COiJI�iCZL
n�� Ma_v 7, 1990 Page 3
BILLIARDS
University Billiards Greg Asproth
7178 University Ave. N.E.
Fridley, Mn. 55432
T.C.'s Twin Cityies Teen Club Walter Beard
7952 University Ave. N.E.
�ridley, Mn. 55432
ENTERTAINMENT
T.C.'sTwin Cityies Teen Club. Walter Beard
7952 University Ave. N.E.
Fridley, Mn. 55432
FOOD ESTABLISHP�IENT
Central Embers Central Embers Inc.
5400 Centrdl Ave.N.E.
Fridley, Mn. 55421
Columbia lce Arena Anoka Pk.& Rec.
7011 University Ave.N.E.
Fridley, Mn. 55432
Deli Cart Of Fridley CD Partn.
622 Osborne Rd. N.E.
Fridley, Mn. 55432
Fina Finaserve, Inc.
7298 Highway 65 N.E.
Fridley, Mn. 55432
Fridley A& W Wiles Ent.LTD
7429 E. River Rd.,
Fridley, Mn. 55432
Fridley Country Boy Fridley House Inc.
6501 Central Ave. N.E.
Fridley, Mn. 55432
George's Restaurant Anthony Nicklow
3710 E. River Rd.
Fridley,Mn. 55421
Grocery Hut Craig M. Relopez
7883 E. River Rd.
Fridley, Mn. 55432
John's Superette M& G Interp.
8100 E. ��ver Rd.
Fridley,Mn. 55432
12B
LZCEN8E6
James P. Hill �250.00
Public Safety Director
�� �� " $$50.00
�� �� " $85.00
$45.00
$45.00
$45.00
$45.00
�45.00
$45.00
$45.00
$45.00
$45.00
FOR CONCURRENCE BY THE CITY COUNCIL
�� May 7, 1990
FOGD ESTABLISHMENT CONT.
Lindquist Cake b Dec.
5265 Central A�e. N.E.
Fridley,Mn. 55421
Little Caesar's Pizza
6522 University Ave.NE.
Fridley, Mn. 55432
Lynwood Health Center
5700 E.River Rd.
Fridley, Mn. 55432
IdcDonald's
5831 Univer. Ave. NE.
Fridley, Mn. 55432
McDonald's
250 - 57th Ave.N.E.
Fridley, Mn. 55432
Medtronics Inc.
7000 Central Ave.N.E.
Fridley, Mn. 55432
Metz Thrift Store
248 Mississippi St.N.E.
Fridley, Mn. 55432
Parkview Elem.School
6085 - 7th St.N.E.
Fridley, Mn. 55432
PDQ �281
620 Osborne Rd. N.E.
Frildey, Mn. 55432
Perkins Restaurant #1041
7520 University Ave.N.E.
Fridley, Mn. 55432
Perlman Rocque
51 - 52nd Way N.E.
Fridley, Mn. 55432
Plaia Cafe
6401 University Ave. N.E.
Fridley,Mn. 55432
Snyder's Drug Store #18
6582 University Ave.N.E.
Fridley, Mn. 55432
James Lindquist
Nicholas Bandescu
Beverly Enterprises-Mn.Inc.
P1ark Wheeldon
Daniel Borders
Cnateen Co.of Mn.
Metz Baking Co.
Vol.of Am.Ser. N Program
PDQ Stores of Mn.
Same
51 - 52nd Way N.E.
John Fennell
Same
0
LZCEN8E6 12v
Page 4
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
�45.00
$45.00
$45.00
$45.00
$45.00
UFOR CONCURRENCE DY THE CITY COUI�ICIL
�j� May 7, 1990
FOOD ESTABLISHMENT CONT.
Tae Ho Restaurant Tae Ho Corp.
6440 University Ave.N.E.
Fridley, Mn. 55432
Treats N' Stuff Sansex Corp.
6440 University Ave.N.E. .
Fridley,Mn.55432
Unity Medical Center Unity Hospital
550 Osborne Rd. PJ.E.
Fridley, Mn. 55432 .
Unocal 76 Self Serv. Same
5695 Hackman Ave. N.E.
Fridley, Mn. 55432
University Billiards Greg Asproth
7178 University Ave.N.E.
Fridley, Mn. 55432
T.C.'s Twin Cities Teen Club Walter Beard
7952 University Ave.N.E.
Fridley,Mn. 55432
GAMBELING
George's Restaurant Anthony Nicklow
3710 E. River Rd.
fridley, Mn. 55421
Maple Lanes Bowling Center Same
6310 Hwy. 65 N.E.
Fridley,Mn. 55432
Sandee's Restaurant Gary Braam
6490 Central Ave.N.E.
Frildey, Mn. 55432
MOTEL
12D
LICEN6Es
Paae 5
Skywood Inn Skywood Mall Richard Larson
5201 Central Ave.N.E. Fire Inspector
Fridley, Mn. 55421
Sunliner Motel Warren G.Paulson " "
6831 Hwy. 65 N.E.
Fridley, Mn.55421
545.00
$45.00
$45.00
$45.00
$45.00
$45.00
$300.0
�300.0
$300.0
$615.0
" $195.0
JFOR CONCURREIiCE DY THE CITY COLINCIL
YOF May 7, 1990 _
12E
LZC=N8E8
Page 6
JUNK YAROS
Fridley Auto Parts Leroy T. Haluptzok publicpSafety Director $350.00
7360 Central Ave. P�.E.
Fridley, Mn. 55432
Salvage Center Same
�� �� " $350.00
3737 E. River Rd. •
Fridley, Mn. 55421
OFF SALE BEER
Grocery Hut Cr.aig Relopez �
7883 E. River Rd.
Fridley, Mn. 55432
ON SALE BEER
Wong's Gourmet Wong's Gourment Inc. "
1254 E. Moore Lk.Dr.
Fridley, Mn. 55432
Yung's Tae Ho Restaurant Yung Su Tak
6440 University Ave. N.E.
Fridley, Mn. 55432
TEMPORARY ON SALE BEER
Fridley Jaycees Robt. Schmidt
P.O.Box 32004
Fridley, Mn. 55432
PRIVATE GAS PUMP
Anderson Trucking Serv. Same
7600 Central Ave.,N.E.
Fridley, Mn. 55432
Gustavson Grinding Inc. Floyd Gustavson
7410 Central Ave. NE.
Fridley,Mn. 55432
Menard Cashway Lumber Menard Inc.
5351 Central Ave.N.E.
Fridley, Mn. 55421
RMS Co. � Same
7645 Baker St. N.E.
Fridley,Mn. 55432
Unity Medical Center Unity Hospital
550 Osborne Rd. N.E.
fridlev.Mn. 55432
f�
m
m
m
��
��
��
Richard Larson
Fire Inspector
�� ��
" $60.00
" $325.00
" $325.00
" Asking Fees
Fees to be v�a i ved
�� � �� ��
�� �� ��
�� �� ��
�30.00
$30.00
�30.00
$30. 0
$30.
�
FpR CpNCURRENCE BY THE CITY COUNCIL
RETAIL GASOLINE
Fina Ginaserve, Inc.
7298 Hwy. 65 N.E.
Fridley, Mn. 55432
Fridley Country Boy Fridley House Inc.
6501 Central Ave. PJ.E.
Fridley,Mn. 55432
Hanna Magic Car Wash Mictory Enterprises
7300 University Ave.N.E.
Fridley, Mn. 55432 •
John's Superette M& G Interprises
8100 E. River Rd.
Fridley, Mn. 55432
Unocal 76 Self Serve Same
5695 Hackman Ave. PJ.E.
Fridley, Mn. 55432
REFUSE NAULER
Woodlake Sanitary,5erv. Joseph A. Horwarth
8661 Rendova St. Box#39
Fridley, Mn. 55432
PEDDLER
Miner Produce (formley B& M) Melanie Blaylock
1718 N,Atlanta Ct.
Tulsa, Okl. 74110
SOLICITOR(CARITABLE)
Greenpeace Action Bill Busse
1436 U. S. N.W. Suite 201A
Washington, D.C. 20009
TAXICAB
Fridley Cab Service Frank Gabreleik
5923 - 3rd St. N.E.
Fridley, Mn. 55432
TREE REMOVAL
Allstate Tree Service Donald Ley
7510 Jackson St.N.E.
Fridley, Mn. 55432
Richard Larson
Fire Inspector
�� �� ��
�� ��
��
�
��
12F
LZCEN8E8
$60.00
$60.00
�� �60.00
�� �� $fi0.00
�� �' $60.00
�� " $165.00
James P. Hill $60.00
Public Safety Director
�� �� " Aski ng
Fees to be waived
James P. Hill $50.00
Public Safety Director .•
Ralph Volkman
$40.
�'OR CONCURREI�ICE sY Z'HE CITY COUNCIL
zzca�rsas 12G
PaQe 8
USED MOTOR YEHICLES
Dennis Hecker James P. Hill
Northtown Nissan Public Safety Director
1810 University Av.N.E.
Fridley, Mn. 55432
. �� „ ��
Pomaville's Mator Valet Inc. John H. Pomaville
5649 University Ave. N.E. '
Fridley, Mn. 55432
. �� „ „
Frank's Used Cars Frank Gabrelcik
5740 University Ave.N.E.
Fridley, Mn. 55432 •
Salvage Center James A. Dowds
�� �� ��
3737 E. River Rd.
�Fridley, Mn. 55421
ENTERTAINMENT
George's Restaurant Anthony Nicklow
„ �� ��
3710 E. River Rd.
Fridley, Mn. 55421
TEMPORARY FOOD PERMIT
$150.
$150.0
$150.
$150.
$85.
49er's Days"Taste of Fridley" Stephen Eggent A►$king Fees to be
1090 Hathaway Lane waived
Fridley,Mn. 55432
FOOD ESTABLISHMENT
University Station Restaurant Ardys Smith
7610 University Ave. N.E.
Fridley, Mn. 55432
$45.00
�
� 12H
_ FOR CONCURRENCE BY THE CITY COUNCZL LICEN8E8
�� MAY 7, 199D
eC
Bacon's Electric Company
6525 Central Avenue N.E.
Fridley, IrIIJ 55432 By: Richard Paddock State of Minn
Bright Electric Co.
6216 Yukon Avenue North
Minnetonka, I�t 55428
Lakeview Electric Co.
8116 Pillsbury Avenue South
Bloomington, MN 55420
Nordberg Electric Inc.
116 South Adams
Cambridge, MN 55008
By: Ken Blomquist
By: Les Froysa
By: Paul Nordberg
Olympic Electric Company Inc.
7103 Amundson Avenue South
Edina, MN 55435 By: Paul Kosmides
Gas Services
Air Comfort Inc.
3944 Louisiana Circle
St. Louis Park, MN 55426
By: Donal Ruden
Sharp Heating & Air Cond Inc.
4854 Central Avenue N.E.
Columbia Heights, MN 55421 By: Kevin Hanson
General Contractor
Arndt, M. J. Construction Co.
2808 Sherwood Road
Moundsview, MN 55112 By: Marlan Arndt
Cities Home Improvement Co.
5310 Cedar Lake Road
St: Louis Park, MN 55416 By: Robert Galinson
Karkela General Contractors Inc.
6531 Cambridge Street
St. Louis Park, MN 55426 By: Earl Howard
Kingswood Builders, Inc.
6721 Oakland Avenue South
Richfield, NIIJ 55423
M & J Home Improvements
946 South Smith Avenue
West St. Paul, MN 55118
By: Hank Dagnault
By: Mike Halverson
Same
Same
Same
Same
Clyde Wiley
Bldg/Mech Insp
Same
Darrel Clark
Chief Bldg Ofcl
Same
Same
Same
Same
Northland Siding & Insulation
2158 Main Street N.W.
Coon Rapids, MN 55433 By: Donald Riphuth
Showplace Exteriors
3862 Crestwood Place
White Bear Lake, MN 55110
Twintown Remodelers Inc.
16011 West Avenue S.E.
Prior Lake, MN 55372
HeatinQ
Air Comfort Znc.
3944 Louisiana Circle
St. Louis Park, NIId 55426
Furnace Care, Inc.
8733 Humboldt Avenue North
Brooklyn Park, MN 55444
By: Dan Preisler
By: Gary Schoeller
By: Donal Ruden
By: Richard Bidler
Sharp Heating & Air cond. Inc.
4854 Central Avenue
Columbia Heights, MN 55421 By: Kevin Hanson
Masonrv
Ernst, L. T. Inc.
2055 - 105th Avenue N.E.
Minneapolis, MN 55434
Nord, Mark Masonry
3968 Jackson Street N.E.
Columbia Heights, MN 55421
By: Lloyd Ernst
By: Mark Nord
Same
Same
Same
Clyde Wiley
Bldg/Mech Insp
Same
Same
Darrel Clark
Chief Bldg Ofcl
Same
MovinQ
Ernst Machinery & Housemovers Corp.
9400 - 85th Avenue North
Minneapolis, MN 55445 By: Kenneth Ernst State of Minn
PlasterinQ
Joe Nelson Stucco Co., Inc.
1150-98th Lane N.W. Darrel Clark
Coon Rapids, MN 55433 By: Evelyn Nelson Chief Bldg Ofcl
PlumbinQ
AAA Plumbing by Newstrom
156 - 12th Avenue
St. St. Paul, MN 55075
Bruce Plumbing Co.
4747 Twin Lake Avenue
Brooklyn Center, NIId 55429
By: David Newstrom State of Minn
By: Joseph Bruce Same
121
Delson Plumbing, Inc.
1308 - 421/2 Avenue N.E.
Columbia Heights, l�i 55421
Kolar Company, Inc.
1397 Selby Avenue
St. Paul, MN 55102
Midwestern Mechanical
9103 Davenport Street N.E.
Blaine, MN 55434
Tim's Quality Plumbing Inc.
P.O.` Box 22409
Crystal, NIlJ 55422
RoofinQ
Mark Shaw Construction
1351 - 66th Avenue N.E.
Fridley, MN 55432
Siqn Erector
Nordquist Sign Co., Inc.
312 West Lake Street
Minneapolis, MN 55408
DeMars Signs, Inc
4040 East River Road N.E.
Fridley, MN 55421
PIIBI�IC SWIMMING POOL
University Avenue Associates
111-83rd Avenue N.E.
Fridley, MN 55432
By: David Olson
By: James Kolar
By: Gene Beijer
By: Ron Gilbertson
By: Mark Shaw
By: Stephen Fox
By: Dennis DeMars
Same
Same
Same
Same
Darrel Clark
Chief Bldg Ofcl
Darrel Clark
Chief Bldg Ofcl
Same
Darrel Clark
At: 111-83rd Avenue Chief Bldg Ofcl
12J
Fridley Unsted;SMethodist Church
Fridley, Minnesota 55432
1-612-571-1526
ARTHUR L. HILL, Minister
CLEM J. NAGEL, Associate Minister
Mayor William J. Nee
210 Logan Parkway NE
Fridley, MN 55432
Dear Mayor Nee,
SALLY WIZIK WILLS,
Director of �
May 3, 1990
The Fridley United Methodist Church is having a Bloodmobile
drive T�esday, May 22, from 2:30 P.M. to 7:30 P.M.
We would like to place a sign 2' x 4' in the front yard of
the church. This sign would be displayed from approximately
1:30 P.M. to 8:30 P.M. There is a fee of $24.00 to display a
sign o�er 3 square feet and under 40 square feet. Since the
Bloodmobile is not a money�naking project we would like the fee
wiaved and permission to display our sign at the time previously
mentioned.
Thank you very much.
CJD;dm
Respectfully submitted,
l/ ' �""�
� �i��
Carolyn J. Doyle —
Coordinator of Bloodmobile for
Fridley United Methodist Church
13
�
�
CITYOF
FRIDLEY
FOR CONCIIRRENCE BY THE CITY COIINCIL
MAY 7, 1990
Herrick & Newman
205 Fridley Plaza Office Bldg.
6401 University Avenue N.E.
Fridley, l�T 55432
ESTIMAT$S
Services Rendered as City Attorney
for the Month of April, 1990 .......$ 4,117.00
Newquist & Ekstrum, Chartered
301.Fridley Plaza Office Bldg.
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of February, 1990 .$ 9,602.00
HNTB
6700 France Avenue South
Suite 260
Minneapolis, MN 55435
Design of 1.5 MG Elevated Reservoir
at Locke Park Project No. 196
FINAL ESTIMATE: . . . . . . . . . . . . . . $ 3,900.00
Bruce A. Liesch Associates, Inc.
3020 Harbor Lane
Minneapolis, i�i 55447
Water Quality Study
Project No. 195
(Hydrogeologic Analyses)
FINAL ESTIMATE: . . . . . . . . . . . . . . $ 4,108.39
13A
FROM: City of Fridiey
Engineering Division
cir�r oF �i�4�r
PUBLIC WORKS DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY� MINNESOTA 55432
RE: FINAL ESTIMATE - WELL NO. 5
Period Ending: May 7, 1990
TO: Honorable Mayor and City Council
City of Fridley
6431 University Avenue N.E. FOR: MARK TRAUT WELLS
Fridley, Minnesota 55432 151 - 72ND AVE., S.
ST. CLOUD, MN 56301
DATE: May 7, 1990
REPAIR AND MAINTENANCE
OF WELLS NO. 5 AND 10
PROJECT NO. 198
601-60-000
STATEMENT OF WORK
UNIT QUANTITY TH1S �UANTITY AMOUNT
CONTRACT ITEM PRiCE ' ``ESTIMATE 'TO DATE TO DATE
Pu�! Pump
Disassemble and inspect
Reinstall 1,800.00 1 1 51,800.00
MATERIALS:
Techno Check valves
8" Column
Jacuizzi bowl assembly
175 hp. Pflueger sub motor
Disinfect
Test Pumping
System Test
569.00
15.00
5,680.00
17,200.00
150.00
200.00
50.00
2
380
1
1
1
�
1
2
380
1
1
1
i
1
1,138.00
5,700.00
5,680.00
17,200.00
150.00
200.00
50.00
$31,918.00
13B
FINAL ESTIMATE
Mark Traut Wells
Page Two
SUMMARY:
Original Contract Amount
change Order No. 1
Value Comp{eted To Date
Amount Retained (09�0)
Less Amount Paid Previously
AMOUNT DUE THIS ESTIMATE
CERTIFICATE OF THE CONTRACTOR
529,657.00
2�261.00
31,918.00
Q.00
0.00
S31 �918.00
I hereby certify that the work performed and the materials suppiied to date under the terms of the contract
�' °� �h;s project, and ail authorized changes thereto, have an actual value under the contract of the amounts
nn this estimate (and the final quantities on the final estimate are correct), and that this estimate is just
,,� �;r�rr�ct a d no part of the "Amount Due This Estimate" has been received.
I' _�� � .�u�.,o — c-7 S =
,sy� -� ` �_ -- T .�t� � y~�
' Contractor's Authorized Representative (Title)
ERTIFICATE OF THE ENGINEER
I hefeby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment
of this estimate under the contract for reference project.
CITY OF FRIDLEY, INSPECTOR
i � �
,, � �
. ' _�i��
: :• : '��r1 . �.�1 �
Date � �`��v
Respectfully Submitted,
G. Flora, P.E.
ublic Works DireCtor
13C
13D
May 7, 1990
To: Public Works Director
City of Fridley
REPORT ON FZNAL INSPECTION FOR
CITY OF FRIDLEY
REPAIR AND MAINTENANCE OF 1PELL NO. 5 PROJECT NO. 198
We, the undersigned, have inspected the above-mentioned project and
find that the work required by the contract is substantially
complete in conformity with the plans and specifications of the
project.
All deficiencies have been corrected by the contractor. Also, the
work for which the City feels the contractor should receive a
reduced price has been agreed upon by the contractor.
So, therefore, we recommend to you that the City approve the
attached FINAL ESTIMATE for the contractor.
alph �'ollanan, Public Works Superintendent
.
p''�� � . ��_ — /-�Z��-v
ontractor Representative, (T tle)
CITY OF FRIDLEY
PIIHLZC 110RR8 DEPARTMENT
ENGINEERING DZVISION
6431 IIniversity l�ve., N.$.
Fridlsp, liN 55432
May 7, 1990
Honorable Mayor and City Council
City of Fridley
C/O William W. Burns, City Manager
6431 University Ave., N.E.
Fridley, l�T 55432
Council Members:
CERTIFICATE OF THE BNGINEER
We hereby submit the Final Estimate for Repair and Maintenance of
Well No. 5 Project No. 198 for Mark Traut Wells, 151 - 72nd Ave.,
S., St. Cloud, MN, 56301.
We have viewed the work under contract for the construction of
Repair and Maintenance of Well No. 5 Project No. 198 and find the
same is substantially complete in accordance with the contract
documents. I recommend that final payment be made upon acceptance
of the work by your Honorable Body.
Respectfully submitted,
-�.
hn G. Flora
Director of Public Works
Prepared by: "'"�'
Checked by:
13E
13F
May 7, 1990
City of Fridley
REPAIR AND MAINTENANCE OF
WELL NO. 5 PROJECT NO. 198
CERTIFICATE OF CONTRACTOR
This is to certify that items of the work shown in the statement
of work certified herein have been actually furnished and done for
the above-mentioned projects in accordance with the plans and
specifications heretofore approved. The final contract cost is -
$31,918.00 and the final payment of $31,918.00 for the improvement
project would cover in full, the contractor's claims against the
City for all labor, materials and other work down by the contractor
under this project.
I declare under the penalties of perjury that this statement is
just and correct.
MARR TRAIIT WELLS
`� �-��
tor Representative - T tle
�
02-May-90 UPDATED
13G
CITY OF FRIDLEY
PUBUC WORKS DEPARTMENT
6431 UNIVERSITY AVE.� N.E.
FRIDLEY. MN 55432
FROM: City of Fridley
Engineering Division
TO: Honorabie Mayor
and City Councit
City of Fridley
6431 University Ave., N.E.
Fridley, MN 55432
RE: FINAL ESTIMATE
Period Ending: MAY 7,1990
FOR: TMI Coatings. Inc.
2805 Dodd Road
St. Paul, MN 55121
1.5 MG CONCRETE RESERVOIR
REPAIR PROJECT NO. 193
PROJECT CODE � 601-73-000-42400
STATEMENT OF WORK
TOTAL a8$,850.00
02-May-90 UPDATED
FINAL ESTIMATE
Keys Well Driiling
Page Two
SUMMARY:
Original Contract Amount
Revised Cont�act Amount
Value Completed To Date
Amount Retained (09�0)
Less Amount Paid Previously
AMOUNT DUE THIS ESTIMATE
CERTIFICATE OF THE CONTRACTOR
a91,580.00
88,850.00
88,850.00
3,000.00
87.258.00
S1 �592.00
13H
I hereby certify that the work performed and the materials supplied to date unde� the te�ms of
the contract for this project, and all authorized changes thereto, have an actual value under the
contract of the amounts shown on this estimate (and the final quantities on the finat estimate are correct),
and that this estimate is just and correct and no part of the "Amount Due
This Estimate" has been received.
By Date
Cont�acto�'s Authorized Representative (Title)
CERTtFICATE OF THE ENGINEER
I hereby certify that I have prepared or examined this estimate, and that the contractor is
entitled to payment of this estimate under the contract for reference project.
CITY OF FRIDLEY� INSPECTOR
ey
�► ,-• �i�. . `�'
Date
Respectfully Submitted,
iLi
ohn G. Flora, P.E.
Pubtic Works Oirector
CITY OF FRIDLEY
PIIBLZC WORRS DEPARTMENT
ENGINEERINQ DIVISION
6�31 �niversitp Ave., N.B.
Fridley, MN 55132
May 7, � 1990
Honorable Mayor and City Council
City of Fridley
C/0 William W. Burns, City Manager
6431 University Ave., N.E.
Fridley, I�1 55432
Council Members:
CERTIFICATE OF TAE ENGINEER
We hereby submit the Final Estimate for 1.5 MG CONCRETE RESERVOIR
REPAIR PROJECT NO. 193 (53RD AVENUE & JOiiNSON), for TMI Coatings,
Inc., 2805 Dodd Road, St. Paul, 1�1, 55121.
We have viewed the work under contract for the construction of 1.5
MG CONCRETE RESERVOIR REPAIR PROJECT NO. 193 (53RD AVENUE &
JOHNSON) and find the same is substantially complete in accordance
with the contract documents. I recommend that final payment be
made upon acceptance of the work by your Honorable Body and that
the two-year contractual performance bond commence on May 7, 1990.
Resp ctfully submitted,
,a �2�
ohn G. Flora
� Director of Public Works
131
Pre ared b : " ���"' � �"�`��
P Y
Checked by: ' �.u,(.�,
May 7, 1990
City of Fridley
13J
1.5 MG CONCRETE RESERVOIR
REPAIR PROJECT NO. 193
(53RD AVE. & JOHNSON)
�ERTIFICAT$ OF CONTRACTOR
This is to certify that items of the work shown in the statement
of work certified herein have been actually furnished and done for
the above-mentioned projects in accordance with the plans and
specifications heretofore approved. The final contract cost is
$88,850.00 and the final payment of $1,592.00 for the improvement
project would cover in full, the contractor's claims against the
City for all labor, materials and other work down by the contractor
under this project.
I declare under the penalties of perjury that this statement is
just and correct.
TMI COATINGS, INC.
James D. Imre - General Manaqer
May 7, 1990
13K
To: Public Works Director
City of Fridley
REPORT ON FINAL INSPECTION FOR
�ITY OF FRIDLEY
�.5 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 193
•(53RD AVENIIE � JOHNSON)
We, the undersigned, have inspected the above-mentioned project and
find that the work required by the contract is substantially
complete in conformity with the plans and specifications of the
project.
All deficiencies have been corrected by the contractor. Also, the
work for which the City feels the contractor should receive a
reduced price has been agreed upon by the contractor.
So, therefore, we recommend to you that the City approve the
attached FINAL ESTIMATE for the contractor and the two-year
performance bond, starting from the day of the final inspection
that being Mav 7, 1990.
Ralph Vollanan, Public Works Superintendent
Contractor Representative, (Title)