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02/25/1991 - 5092FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Monday, February 25, 1991 7:30 P.M. E PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER " �J f'� UX�(v - l� � �i�.� •� oG -d, vZ� . �� C:� � �� - �:.� ' C�D cL � - 3 — � q,r� � (,,�,,v� � a,2, �. ��.a h ssvn � �6 6�'`� .�v� �/• � z -2•so D �I c � T �` tl�` 'SL.u, e�.,� FRIDLEY CITY COIINCIL 1SEETINQ OF F$BRIIARY 25� 1991 OLD BIISINE88: Paqe 2 Amendment to the Adoption of the Redevelopment Plan for Fridley Town Square Development, to Consider Adding a Drive-Through Window for a Fast Food Restaurant on the West Side of the Proposed Building. The Properties Included in this Redevelopment Plan are 355 Mississippi Street, 368 - 66th Avenue, and 6525 University Avenue (Tabled 2/il/91) . . . . . . . . . . . . . . . . . . . . 2 - 2.50 Second Reading of an Ordinance Establishing a New Chapter of the City Code of the City of Fridley, Chapter 127, Entitled "Sexually Oriented Businesses" . . . . . . . . . . . . . 3 - 3M Second Reading of an Ordinance Recodifying Section 205 of the Fridley City Code Entitled "Zoning" by Amending Sections 205.14.O1.A, 205.15.01.A, 205.17.O1.C, and 205.18.O1.0 . . . . . . . . . . . . . . 4 - 4B Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 125, Entitled "Saunas and Massage Parlors," by Amending Section 125.Q9.06 . . . . . . . . . . . . . 5 - 5A FRIDLEY CITY COONC�IL IL$LTINQ OF FEHRII7IRY Z5, 1991 NEW BIISINE88: Paqe 3 Approval of Summary Ordinance for Ordinance Establishing � a New Chapter of the City Code of the City of Fridley, Chapter 127, Entitled "Sexually Oriented Businesses" . . . . . . . . . . . . . 6 - 68 Receive the Minutes of the Planning Commission Meeting of February 6, 1991 . . . . . . . . . 7 - 7X A. Special Use Permit, SP �91-01, by St. Philip's Lutheran Church, to Al1ow Churches in an R-3, General Multiple Family Dwelling District, on Outlots 1 and 2 and the Vacated Service Road, Block 2, Moore Lake Highlands 4th Addition, Generally Located at 6180 Highway 65 N.E. .......... 7- 7E .......... 7G - 7X Receive an Item from the Appeals Commission Meetinq of February 5, 1991 . . . . . . . . . 8 - 8R A. Variance Request, VAR �90-01, by St. Philip's Lutheran Church to Reduce the Hard Surface Setback from 20 Feet to 15 Feet and 10 Feet; to Reduce the Drivinq Aisle Width from 25 Feet to 20 Feet and 22 Feet for Two-Way Traffic and from 18 Feet to 15 Feet for One-Way Traffic; to Allow the Interior Alteration of the Existing Buildinq and to Allow� the Construction of an Addition of Approximately 7,000 Square Feet, on Outlots 1 and 2, and the Vacated Service Road, Block 2, Moore Lake Highlands 4th Addition, the Same Being 6180 Hiqhway 65 N.E. FRIDL$Y CITY COONCIL KE$TINa OF t$BRIIARY Z5, 1991 Paqe � NEW BIISINE88 (CONTINIIED)i Variance Request, VAR #90-32, by First Western Development Corporation (Tabled 2/11/91) . . . . . . . . . . . . . . . . . . . . 9 Approval of Revised Comprehensive Siqn Plan for 100 Osborne Road N.E. . . . . . . . . . . i0 - l0E Consideration of the 1991 Community • Development Block Grant Application . . . . . . . . . . . 11 - 11E Receive Bids and Award Contract for the Skid-Steer Loader and Cold Planer . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12B Receive Bids and Award Contract for 1991 Tree and Stump Removal . . . . . . . . . . . . . 13 - 13A FRIDLEY CITY COIINCIL l�$TING OF F$BRIIARY Z5, 1991 Paqe 5 NEW BIISINESS (CONTINQ$D): Approval of Disposition of Tax Forfeit Land in Fridley . . . . . . . . . . . . . . . . . 14 - 140 Approval of Advertisement for Bids for the .5 MG Water Tank Painting/Altitude Valve and Vault Installation Project No. 212 . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15B Resolution Establishing a Water Conservation Program for the Summer of 1991 . . . . . . . . . . . . . . . . . . . . . 16 - 16A Resolution Ordering Advertisement for Bids; Removal and Replacement of Miscellaneous Concrete, Curb, Gutter and Sidewalk - 1991 . . . . . . . . . . . . . . . 17 - 17B Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof; Street Improvement Project No. ST 1991 - 2 . . . . . . . . . . 18 - 18A FRSDL$Y CITY COIINCIL l[E$TING OF ?$BxII11RY Z5, 1991 Paqe 6 NEW BII8INE88 1CONTINUBD)2 Resolution Receivinq the Preliminary Report and Callinq for a Public Hearing on March 4, 1991, on the Matter of the Construction of Certain Improvements: Street Improvement Proj ect No . ST . 19 91 - 2 . . . . . . . . . . . . . . . . 19 - 19A Resolution Providing Assistance to Certain Employees of the City of Fridley who are Called to Service During the Current Conflict Between Iraq and the United States and Its Allies . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20E Appointment to HRA Commission . . . . . . . . . . . . . 21 Informal Status Reports . . . . . . . . . . . . . . . . . 22 Claims . . . . . . . . . . . . . . . . . . . . . . . . . 23 Licenses . . . . . . . . . . . . . . . . . . . . . . . . 24 - 24A Estimates . . . . . . . . . . . . . . . . . . . . . . . . 25 ADJOIIRN: T$$ MINQT$B OF T8S REaIILlIR liBBTII�iO O! T8E lZtIDLEY CITY COIINCIL OF B1:BRIIARY 11. 1991 The Regular lYteetinq of the Fridley City Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledqe of Allegiance to the Flaq. . ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorqenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PRESENTATION OF PROCLAMATION - FERN MOE, PIONEER HISTORIAN WEEK: Mayor Nee read and issued a proclamation proclaiming February 11 through 17, 1991 as Pioneer Historian Week in the City in honor of Fern Moe for her leadership in getting the Fridley Historical Society museum operable and open to the public. He stated that Fern and her husband, Mahlon, have volunteered hundreds of hours toward this endeavor and will be movir►g to Iowa. Ms. Moe stated that she didn't feel she deserved this recognition and knows anyone would have done the same thing under the circumstances. She stated that she will miss Fridley and is happy to say that what she wished to accomplish for the museum has been done. She stated that the museum today is in good hands and her colleagues are enthusiastic to continue. She thanked Mayor Nee and the Council for this proclamation. �PPROVAL OF MINUTES: COUNCIL MEETING, JANUARY 28, 1991: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �DOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. � • �� sl: c � ;� c. •' •i 1� •�_ There was no response from the audience under thi6 item of business. L _. ]i. i .. � Y. . ��_�' _ � �.. �S�Y :_�� t_: .�.Y_z. � .2R�. L_ � 4]s •�� Mr. Erlichmann, Chairman of the Reqional Transit Board, stated that he is attempting to get out and visit City Councils in an effort to try and improve communications with their Board. He stated that the Reqional Transit Board is responsible for the planninq, policy making, administration, and financinq of transit services for the entire metropolitan area. Mr. Erlichmann stated that the challenge facing public transportation has changed in reqard to the role the Transit Board will play in the future. He stated that the problems are congestion and pollution, as over the next ten years the amount of traffic will double from what it is today. He stated that if people took advantage of the transit systems that exist today, there would no longer be worry about the environment, and the country would be free from dependence on foreiqn oil. Mr. Erlichmann stated that there needs to be a concentration on suburban transportation and participation by local officials. He stated that a partnership needs to be developed ta work with the community regarding their special needs and to plan for their transit future. He stated that he wished to extend the invitation for the City to participate where ever they feel they can and to call on the Regional Transit Board. Mr. Erlichmann stated that at this time, there is a financial crisis as their agency took one of the largest cuts among State agencies. He stated that over the last several weeks they have been involved in budqet cuts and programs. He stated that the goals the Regional Transit Board has set are achievable, but needs financial support. He stated that their recommendation to the Legislature would be to increase their qeneral fund allocation or expand their levy limit. Mr. Erlichmann Btated that the Board is committed to the idea that light rail transit is an important alternative. He submitted an information quide to the Council regarding light rail transit. He stated that a final plan has been sent to the Legislature this past month, but whether or not any action is taken remains to be seen. Mr. Rusch, 561 - 63rd Avenue, stated that he was opposed to light rail transit and asked if the lifts in the new buses were working. Mr. Erlichmann stated that all of the new buses purchased by the MTC will be equipped with lifts, and they are beginning to deploy FRIDLEY CZTY COIINCIL ![E$TINQ OF F$BAIIl�RY 11. 1991 PAQB 3 the first one hundred new buses with these lifts. He stated that the new lifts are workinq and Bhow reliability, however, in the past the lifts had a lot of problems. Mr. Rusch asked how the Anoka County Traveler system is working and how it is subsidized. Mr. Erlichmann etated that the Anoka County Traveler is a new proqram subject to a demonstration period which has not expired so they have not enforced their performance standards. He etated that an opportunity needs to be afforded for that service to build a consumer base. He stated that all public transit is subsidized to some extent; however, he was not Bure if the pay back from the fare box was ten or fifteen percent. A lady in the audience st�ted that if you have to drive to a light rail transit site, she didn't know how this would help save the environment. Mr. Erlichmann stated that at each etation there will be a feeder bus system that will serve not only to qet people to a liqht rail station but between communities. He stated that there would be a bus system closer to her home for transportation to the light rail transit. Councilwoman Jorgenson stated that most of the buses in the State use petroleum fuel and asked if they are looking at electrically run buses. Mr. Erlichmann stated that they are not lookinq at electrically run buses. Due to the cost and overhead lines, most communities react neqatively to this approach. He stated that, however, they are ready to place five buses on lines that use different alternative fuels to evaluate their performance. He stated it is hoped that this will answer the question whether there should be a move from a petroleum base fuel to another option. He stated it is hoped that they would have an answer within two years and felt the examination of alternative fuels is important. Mayor Nee thanked Mr. Erlichmann for his presentation. PUBLIC HEARINGS: 1. PUBLIC HEARING ON AN ORDINANCE ESTABLISHING A NEW CHAPTER OF �HE CITY CODE OF THE CITY OF FRIDLEY. CHAPTER 127. ENTITLED "SEXUALLY ORIENTED BUSINESSES": MOTION by Councilman Billinqs to waive the readinq of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:03 p.m. i � BRIDLEY CITY COa1tCIL l[EETING OF FBBRQl�RY 11. 1991 P!►GB � Ms. Dacy, Community Development Director, stated that this ordinance creates Chapter 127 of the Fridley City Code. She stated that as a result of the location of the Fantasy HouBe in the Moore Lake Shopping Center, the Council directed staff to prepare an ordinance requlatinq sexually oriented businesses. Ms. Dacy reviewed the ten sections of this proposed ordinance as follows: (1) the purpose.and intent; (2) definitions of activities and businesses which constitute sexually oriented businesses; (3) application of the ordinance; (4j non-conforming uses; (5) locations which establish required distances from residences, churches, schools, and parks; (6) hours of operation; (7) operation; (8) siqnaqe; (9) license requirements; and (10) severability. Ms. Dacy stated that staff reviewed studies from the cities of Phoenix, St. Paul, Indianapolis, and the State Attorney General's report. They also analyzed their findings. She stated that the Planning Commission held a public hearing on this ordinance and made two minor chanqes and approval of the ordinance is recommended. Mr. Herrick, City Attorney, stated that this is not intended to eliminate or prevent sexually oriented businesses in the community. He stated that the intent is to control the location of these businesses, to license them, and require that they meet certain standards. He stated that if there is a feelinq in the community that any business is violatinq criminal laws, there are statutes under which they can be prosecuted. Mr. Herrick stated that when the Council adopted the interim ordinance, a resolution was passed. He stated that if the Council intends to consider first readinq of this ordinance, he has prepared a resolution that is identical to the resolution passed for the interim ordinance, except for the title. He stated that he would request the Council adopt this resolution prior to taking action on the first readinq of the ordinance. Mr. Rusch, 561 - 63rd Avenue, stated he believed that Fridley has generally been a family-oriented community. He stated that he would like the character of the community to remain as such and felt sexually explicit businesses should be more subdued. Mayor Nee stated that from evidence presented, by thinning out concentration from one spot, this tends to reduce the negative effects. Ms. Dacy stated that the proposed ordinance would regulate the location of sexually oriented businesses which involves four areas. She stated that the largest area would be the existinq industrial area west of University Avenue, east of the railroad tracks, and north of 73rd Avenue. She stated the areas would be in the FRIDL$Y CITY COQNCIL lI�STING OF �EBRQARY it. 1991 P�GE 5 southeast corner of Oeborne Road and Hiqhway 65 and at the intersection of I-694 and East River Road fn the business park, and the commercial parcels on Hiqhway 65 abuttinq I-694 in front of the Tarqet store and a small parcel on the Menard's property. Ms. Darlene Rusch, 561 - 63rd Avenue, asked if at the present time there were any license requiremente for businesses of this type. Ms. Dacy stated that there were not any license requirements that now exist. Ms. Rusch asked who would determine who receives a license and what kind of clauses would be included in the license. Ms. Dacy stated that the license process is very similar to the process used for a liquor license. She stated that the business owner must submit an application, which is reviewed by the Public Safety Director, and certain standards would be evaluated. She stated that aIl Iicenses would be approved by the City Council. Ms. Rusch asked if there is a fee. Ms. Dacy etated there would be a fee. Mr. Herrick stated that when he met with the Public Safety Director, a fee of $400 was discussed. He stated that he wanted to make sure the license procedure is understood and that it is not intended to prevent these type of businesses from coming into the community, but to regulate their location and review the applicant to make sure the requirements set forth in the ordinance are met. Ms. Rusch questioned the purpose of the license. Councilwoman Jorqenson stated that the license is to regulate the businesses and to investiqate the owners and qives the Council more discretion on where the business may locate in the City. Ms. Rusch questioned the constitutionality of the ordinance. Mr. Herrick stated that hundreds of trials have been conducted in this area, and he supposed every major court in the states has written numerous decisions. He stated that the City has done its best to follow other statutes in various communities, reviewed court decisions, and hoped the ordinance is drafted in such a way as to eliminate the objections that courts have found in other ordinances. Mr. Herrick stated that he would not quarantee, if challenged, that this ordinance miqht have Bome deficiencies. He stated if parts are found to be unconstitutional, the balance of the ordinance will remain in effect. He stated that he would not be surprised if it is challenqed in court and, if thiB is the case, his office will have to defend it. � � _ -- -- � ai� I xt: : c • • � � c:. Mr. Dave Gronbeck, attorney representinq Fantasy House, etated that he didn't think the ordinance applies to Fantasy House. He etated that it is very close to the St. Paul ordinance, that they fought it out in St. Paul, and their ordinance doesn't apply to the Fantasy House. He stated that if this ordinance applies to Fantasy House, the City will be pickinq up a lot of storeB they do not want to call adult businesses. He stated that whether from Fantasy House or someone else, the certainty of litigation is there. He etated that this is a broad ordinance where there are certain percentaqes of the City where adult businesses could be located and doubted if these locations are eatisfactory for the location of such a store. Mr. Gronbeck stated that if a business Bells adult or non-adult products, they will have to cover the windows entirely. He thinks that is a real problem. He stated that anybody who has seen the Fantasy House windows, as displayed from the outside, would say there is no problem. He etated that to require references from residents of Anoka County was restrictive and felt it would be stricken down. He stated that if challenqed, he really wondered if the benefit, whatever it may be, is worth what will probably be a rather high cost of litigation for both sides. Mr. Gronbeck stated that he comes back to the point he hears from the audience which is support for an ordinance aimed at the Fantasy House. He stated he hears from the City Attorney that it is to allow adult businesses to locate somewhere in the City and wondered if it does apply to Fantasy House. Councilman Billings asked Mr. Gronbeck if he would agree with the statement that if this ordinance covers the Fantasy House and businesses similar or identical to the Fantasy House, essentially, this ordinance would create a monopoly for Fantasy House for the next three years since no others would be able to come into the community. Mr. Gronbeck stated that he really has not given the matter any thought. Mr. Gronbeck stated that Fantasy House has stores in St. Paul, St. Louis Park, and Fridley and does not have any problem with competition. He stated that every item that Fantasy House sells is sold by other stores in the same community. He stated that they don't have shady characters hanging around, tend to run a decent business, and didn't see the problem. Councilwoman Jorgenson stated Mr. Gronbeck stated that all of the items sold at Fantasy House are available in the community. She stated that she would have to disagree and that this is not the case in Fridley. She stated that some of the products sold by Fantasy House may be available at Spencer's at Northtown, but not FRIDL$Y CITY COONCIL 1ffi$TINa O� !$BRIIl�RY 11, 1991 P�a$ 7 in Fridley, however, you could probably buy a doq collar or leash at Tarqet or Menard's. Mr. Gronbeck stated hie experience has been that items which are sold at Fantasy Iiouse are available elaewhere. Councilwoman Jorqenson stated that they may be available elsewhere, but not necessarily within Fridley's city boundaries. Mayor Nee stated that this ordinance is quite broad in that it also affects businesses that may wish to locate here in the future. Mr. Boswell, 6800 Washinqton Street, thanked the Council for all the time taken to draft this ordinance. He stated that he certainly did not realize all the work involved. He stated that he knows the ordinance is not directed at Fantasy House, but is trying to address the danqers in the reports from other cities. He felt that everyone aqrees that this type of business does not have any place in Fridley. Mr. Boswell stated he wished to address a question to Mr. Gronbeck regardinq charqes brought by the City of St. Louis Park aqainst the Fantasy House pertaininq to an obscene movie purchased at the store and where the charges were plea barqained. He stated that since this time a movie was purchased at the St. Louis Park store, the same movie was found obscene in the Ferris Alexander trial, and the City of St. Louis Park is investigatinq. Mr. Gronbeck stated that may be the case, sometimes a plea barqain is an admission that somethinq isn't there. Mr. Boswell stated that he believed Mr. Gronbeck aqreed to check into this matter. He questioned why Fantasy House paid courts if they were not guilty. He stated that he does not want adult oriented businesses in family shopping centers and felt Fantasy Iiouse falls into this cateqory. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, alI votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:33 p.m. 2. �UBLIC HEARING ON AN ORDINANCE RECODIFYING SECTION 205 OF THE �RIDLEY CITY CODE ENTITLED "ZONING" BY AMENDING SECTIONS �05.14.O1.A, 205.15.O1.A, 205.17.O1.C. AND 205.18.O1.C: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearinq. Seconded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:34 p.m. FRiDLBY CITY COONCII. li$BTINO Ol� ?BBRDliRY 11, 1991 P716E 8 Ms. Dacy, Community Development Director, stated that this ordinance amends Section 205 of the Zoninq Ordfnance to permit sexually oriented businesses in certain commercial and industrial districts. She stated that these businesses will be allowed as a permitted use in C-2 and C-3 zoninq districts, subject to the rules of Chapter 127 of the code, and in M-1 and M-2 zoning districts, with a special use permit. She stated that if a eexually oriented business would be located in a multi-tenant buildinq, there are standards in the industrial districts that commercial uses must meet. She stated that the business would not only have to meet the requirements of Chapter 127, but the requirements for usee in a multi-tenant building. Ms. Dacy stated that the Planninq CommisBion has reviewed the ordinance and recommended approval. Mr. Rusch, 561 - 63rd Avenue, stated he understands that the Supreme Court has stated that the citizens of a community can determine the standards by which they judge obscenity. He questioned if a community can disallow obscenity in any area of the City. Mr. Herrick, City Attorney, etated that is an oversimplification of what was stated by the Supreme Court. He stated that the leading case is Miller vs. California and, in that case, the Supreme Court set forth three broad standards. He stated that he was not prepared to quote them this eveninq; however, in applying those three standards, the standards may vary from one community to another. He stated that standards in a Bmall town in Minnesota may be different than standards in larger cities such as Los Anqeles or Las Veqas. He stated that, to some extent, the standards of the community are applicable, but there are still other tests that have to be met, particularly in dealinq with books and movies because of first amendment requirements. Mr. Herrick stated that when he beqan researching this issue, he was of the opinion that obscenity and pornography were synonymous. He stated the courts state that pornography, as it is applied to speech and writing, is an activity protected by the first amendment, while obscenity is a crime. He stated that what is obscene to one person may be pornography to someone else. He stated the courts have ruled that when it comes to expression, either in writing or verbal or in movies, that even though they are pornographic, they have first amendment protection and a community cannot prevent them from being established in the community. Mr. Herrick stated there is a fine line between the protection that the constitution qives to first amendment riqhts and the other side of that line to prevent those activities that are criminal in nature. � .i�� :: � • :;� ;c� Ms. Jan Hebeisen, 901 W. Moore Lake Drive, asked how old the Supreme Courts decisions were to which Mr. Herrick is referring. Mr. Herrick stated that some go back aany years and Bome are very recent. He stated that in the Miller case, which ie one of the leadinq Supreme Court cases, it is probably 1980, a Renton case about 1989, a�d a Dumias,case from 1990. Ms. Hebeisen stated that one of the prime cases this ordinance was based on was a 1986 case, and the makeup of the Supreme Court has changed dramatically since 1986. She felt that the public has been extremely concerned about obscenity in Fridley, and it is the desire that it be completely eliminated from our community. Ms. Hebeisen stated her desire would be that Fridley have the gumption to take this to the Supreme Court so obscenity would not be allowed in the community if this ie against the standards of the majority of the people. She stated that she understands this would cost a lot of money, but there are orqanizations which may provide lawyers, and fundinq may be obtained from people all over the country to fight these cases. Mr. Herrick stated that he felt the City was takinq the first step this evening by considering the ordinances. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearinq closed at 8:47 p.m. 3. PU$LIC HEARING ON A REZONING REOUEST. ZOA #90-06. BY CRYSTEEL TRUCK EOUIPMENT, TO REZONE PROPERTY FROM M-1. LIGHT INDUSTRIAL, TO C-2. GENERAL BUSINESS. GENERA Y LOCATED AT 1130 73RD AVENUE N.E.: MOTION by Councilman Schneider to waive the readinq of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:47 p.m. Ms. Dacy, Community Development Director, stated that this property is currently zoned M-1 and the request is to rezone to C-2. She stated the petitioner is requestinq the rezoning in order to apply for a special use permit for outdoor display of inerchandise. She etated that if the rezoning is not approved, the petitioner is requestinq that the oriqinal special use permit be chanqed to allow the outdoor display of trucks for sale. Ms. Dacy stated that staff recommended denial of this rezoning as the use of the property would not fit under the C-2 zoning district requlations and approvinq the rezoninq would render the property �'RIDLEY CITY COIINCIL iILETING Olr lEBRIIl�RY il. 1991 pAGB 10 non-conforminq. She stated that the Planninq Commission's recommendation was also for denial of the rezoninq. Mr. Kay, General Manaqer of Cryeteel, stated that they have been at this location a little over two ysarB, and their business has underqone quite a bit of chanqe. He stated that when they began business at this facility they felt it would be more than adequate, but qrowth has been faster than anticipated, and there are times when they need to use the front area for etoraqe of vehicles. Mr. Kay stated staff has determined that they are a repair qarage. He stated that they are not a repair qaraqe, but an agency that sells equipment. He stated that they do work on vehicles as part of their business, but they are a distributor of manufactured equipment of goods. Mayor Nee asked if they wish outdoor display or outdoor storage. Mr. Kay stated that Crysteel would like to be able to display equipment for sale. He stated that, on the other hand, there are times where they have vehicles waiting to be picked up and are short of storage. Councilman Schneider etated that one of the comments from a Planninq Commiesion member was that Crysteel has simply outgrown the buildinq. Mr. Kay stated that they are close to ft; however, it was not anticipated that the qrowth would be this fast. Mr. Herrick, City Attorney, stated that one of the ways to solve the problem would be to re-consider the restriction on display of merchandise that could be permitted in an M-1 and M-2 zoning district. He stated that outdoor display is presently allowed in commercial districts, but not in industrial districts. Mr. Herrick stated that some thouqht may be qiven to changing the ordinance to allow outdoor display in industrial zones. He felt Crysteel's business belongs in an industrial, rather than a cammercial zone, but did not know if there should be a restriction on display. He stated that one of the major problems is that site may be too small for what they wish to accomplish. He stated that at present, Crysteel does not meet the criteria for a commercial zone, and they are not entitled to a permit for outdoor display in the present zoning district. Councilwoman Jorqenson stated that there is a snowmobile dealership located to the Bouth of Crysteel, and restrictions were placed on outside storaqe because the City did not want a display alonq Highway 65. She stated that she did not want to see the vehicles on display in front of the buildinq as it was not the image the City wishes to portray in that area. FRIDLEY CITY COIINCIL 1[EETINa O! �EBRIIl1RY 11. �991 PAOE 11 Mr. Ray stated that he is not here to plead for the rezoninq. He Btated that it was a meanB to try and qet thefr problem to the Council so they could find a way to have what they want and what the Council wants. He stated that he hoped there is some means where they could work with the City to accomplish what they wish to do. Councilman Schneider asked how much outdoor display was anticipated. Mr. Kay stated that at any qiven time, they would have two to four vehicles. Ms. Dacy atated that it t�ould be a policy deciBion whether the Council wanted more display fn an industrial district. Mr. Herrick stated that if the ordinance was amended to permit display of inerchandise in an industrial district with a special use permit, perhaps, in this case, the Council may aqree to a limited number of vehicles to be displayed durinq daylight hours. He stated that he would suspect Crysteel would not want these vehicles sittinq out overniqht due to vandalism. Mr. Kay stated that he would be willinq to accept reasonable restrictions on what could be done. Mayor Nee asked where Crysteel's employees park. Mr. Ray stated that they park primarily in front of the buildinq; however, some employees park in the street between their business and Super America. Councilman Billings stated that when the City issued variances, Crysteel aqreed to no outdoor displays, and just because their business has changed, did not mean the City's position has chanqed. He stated that even though Crysteel aqreed to no outdoor storaqe, they are still doinq it. Mr. Kay stated that he is not tryinq to deny that there have been problems. Councilman Billinqs stated that if Crysteel wants to chanqe the rules, the City could change the variance and eliminate some of the building. He stated that the�only reason Crysteel has that size buildinq was because they agreed they did not need outdoor storage. Mr. Kay stated that he was sorry those who preceded him did not honor their commitment. Councilman Schneider stated that Councilman Billinqs� point is valid and that the outdoor etoraqe was a key item. He stated that, however, he would be comfortable with requesting ataff to review the policy to permit outdo+or diaplay in industrial zones. He felt FRIDLBY CITY COLTNCIL MB$TING OF �$BRIII�RY 11. 1991 PAQB 12 that this site was awfully small to allow outdoor display as there should be a certain amount of open area. He stated that the rezoninq does not seem to be in anyone�s interest. Mr. Kay stated that the rezoninq was a vehicle to get the issue before the Counci2 to try and resolve the problem they face. Ms. Terrie Mau, 248 Mississippi Street, stated that she is concerned about outside storaqe; however, she has seen this area continually improve. She stated that Crysteel has cleaned up this area, and their equipment out front ie not an eyesore. She stated that this business has improved the quality of that Btreet, and she would hate to see them leave this area. MOTION by Councilman Schneider to close the public hearing. Seconded by Counci2woman,7orqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:22 p.m. �iEW BUSINESS: 4� �C`F.TVF: THF. MTNiTTF.0 AF THF. f•nRT.x! TFT.F�ITCT�*T �n:fycn�v COMMISSION MEETING OF JANUARY 23. 1991: MOTION by Councilwoman Jorgenson to receive the minutes of the Cable Television Advisory Commission Meetinq of January 23, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RFCF.iVF: THF. MTNiTTF.S AF THF. pT.�NNTNr_ r+n�rwrTecTn*r u��mrur_ n� a a aaa,a�raaa.v va JANUARY 23, 1991: A. AMENDMENT TO THE ADOPTION OF THE REDEVELOPMENT PLAN FOR FRIDLEY TOWN SQUARE DEVELOPMENT. TO CONSIDER ADDING A DRIVE- THROUGH WINDOW FOR A FAST FOOD RESTAURANT ON THE WEST SIDE OF THE PROPOSED BUILDING. THE PROPERTIES INCLUDED IN THIS �F.I�F.VF'T.t7AMF.NT PT.�N II1?F �r,�, MTCCTCCTDDT CTDF�T t,t � zc4 _ ccmv a+i s•aJ• i JVV VViai AVENUE N.E., AND 6525 UNIVERSITY AVENUE N.E.: Ms. Dacy, Community Development Director, stated that the Fridley Town Square Development project refers to property in the northeast corner of University Avenue and Mississippi Street. She stated that the developer has a purchase aqreement for the acquisition of a single family home on 66th Avenue and one on Mississippi Street. Ms. Dacy stated that in June, 1990 the Council approved redevelopment of this site to the S-2 district for construction of a 28,000 square foot shopping center. She stated that approval was contingent upon seventeen stipulations. She stated that there was one entrance to the site and traffic entered at the far southeast corner. She stated that parkinq was provided in the front and space for loadinq and unloading in the rear of the building. ��=��+y�' �i. i z�: : . � • • � ' ,�Ic�:�� Ms. Dacy Btated that the developer iB revisinq his request and is planninq to lease space to Burqer Rinq and have a drive-through operation. She stated that this was a Biqnificant chanqe in the plan, and it was necessary to brinq it back to the Planninq Commission and City Council. Ms. Dacy stated that in terms of square footaqe, this plan fe somewhat smaller and the square footage ie reduced from 28,230 to 27,745. She stated that the same number of parkinq spaces is maintained and the aisle wfdths around the buildinq is proposed to be increased from 20 feet to 28-33 feet. Ms. Dacy stated that an eight foot wall would be constructed alonq with landscaping and the wall extended to University Avenue. Ms. Dacy stated that the loadinq zone is proposed to be moved from the east side of the buildinq to the north side. She stated that because of the additional traffic at the rear of the buiZdinq, additional landscapinq is recommended along University Avenue and a proposed screeninq wall be extended to University Avenue. She stated that the traffic would now move counter-clockwise, rather than clockwise as vehicles would enter at the Boutheast corner and proceed north toward 66th Avenue and turn left to the rear of the building to the drive-throuqh at the west end. Ms. Dacy stated that from the report by the traffic consultant, Barton-Aschman Associates, it was found that the level of Bervice on Mississippi Street would not decline as a result of the addition of the Burger King restaurant. Ms. Dacy stated that there is also a difference in the setbacks from the oriqinal plan as the petitioner has reduced the eize of the buildinq and increased the setbacks. She stated that there are just one or two locations where the parkinq Bpaces are 18 feet lonq and there is a 24, rather than a 25 foot aisle. Ms. Dacy stated that reqardinq the impact of the liqht rail transit, the County was asked to review the proposed plan and that they had no comments pertaininq to any conflicts with pedestrian traffic. She stated that there will be an increase in overall traffic volumes due to the addition of the fast food restaurant. Ms. Dacy stated that the Planning Commission did not pass a motion to approve or deny as each motion failed by a 3-3 tie. Ms. Dacy stated that there is a report from the petitioner's consultant, Braun Intertech, reqardinq the air quality from cars waitinq in line to pick up their orders and noise emissions from cars and speaker boxes. Mr. Bob Guzy, attorney with the law firm of Barna, Guzy and Steffen, stated that he is representing the developer, Mr. Scott Ericson. He stated that Burqer Kinq hag approached the petitioner � • 1 rl_ : t • " ' 1 � � - to become a tenant at the Fridley Town Square Development. He stated that this would be the relocation of a business now in Fridley from the southwest quadrant to the northeast quadrant of the University Avenue/Mississippi Street intersection. Mr. Guzy stated that the developer realizes there is an impact by this business relocating to this site and wants to Bhow that this is somethinq compatible with the neiqhborhood. He stated that as far as they can determine, Burger Rinq has been a qood corporate citizen in the community. Mr. Guzy stated that Mr. Koski is here to answer any questions regarding traffic, and Mr. Carlson is present to address the air quality issue, Mr. Blue, representing Burqer Ring, is here and so is Mr. Ericson, the developer. Mr. Guzy stated that the question is if the drive-through facility can operate in that area without impact. He stated that the lighting problem can be resolved and that the other areas of concern are traffic, noise, and odor emissions. He felt that the item to be concerned with regarding noise is that University Avenue is heavily traveled and there probably will be more noise from University Avenue than what is generated at the drive-through durinq the peak hours of about 12:00 p.m. to 1:00 p.m. Mr. Guzy stated that the developer is concerned about the neighborhood, and a screening wall is proposed to shelter four homes adjacent to this site. He stated that he did not believe noise would affect anyone beyond this area. Mr. Keith Carlson, certified Industrial Hygienist with Braun Intertech, stated that in reqard to the noise, he could certainly see where there were eome implications, but felt they would be minimal. He stated that in regard to odors, with a double baffle air filtration system, odors could not be detected from the facility at 175 feet. He stated that Burger Kinq has such a system at their facility at TH 169 and Old Shakopee Road. Mr. Carlson stated that the speakers are pointed towards University Avenue, and there would be very little impact to persons on the north side of this establishment. He stated that as far as noise from the vehicles, it is his opinion that the wall will provide ample protection at least within 30 to 45 feet. He stated that there would be some concentration of air pollutants from the automobiles waiting in line for their orders for five to ten minutes and felt, by comparison, the air quality would be similar to downtown Minneapolis at any given time. He stated that this may result in a hint of odor from time to time. Mr. Dan Blue, representing Burger Ring, stated that part of the reason they would like to relocate is to upgrade their facility. He stated that more sophisticated speakers can be installed which �RIDLEY CITY COIII�iCIL 1SE$TINa OF �EBRQARY 11. 1991 Pl�aB 15 have the ability to monitor daytime noise versus eveninq noise in order to keep the noise volume down. Councilman Billinqs asked about the double baffle air filtration system. Mr. Carlson stated that this syetem uees a double trap eo odors and qrease are cauqht more than one time. Mr. Dave Roski, Principal Associate with Barton-Aschman Associates, stated that a supplemental report was prepared analyzing the Burqer Kinq operation. He stated that they didn't find a problem. He stated that there would be no chanqe in the level of service on Mississippi Street durinq peak hours from 4:30 to 5:30 p.m. He stated that althouqh additional traffic volume will be created at this time of the day, it will not be enouqh for a drop in the level of service. He stated that they analyzed actual data from the current Burger Ring location, and the peak hour appears to be during the noon hour and the peak for the Bhopping center occurs between 4:30 to 5:30 p.m. He stated that the relocation of Burqer King to this corner of the intersection redistributes the trips to the extent that the function of the intersection is slightly improved. Ms. Hogan, 365 Mississippi Street, stated that the residents were promised there would not be a drive-through restaurant in this shopping center. She stated that the center was to serve persons within a two mile radius so there would not be that much traffic. She felt that Burger Kinq would draw business outside of this radius. She stated that the traffic is rated a D now and asked if it would be a D- wfth the addition of Burqer Kinq at thiB site. Mr. Koski stated that there would not be any deterforation in the level of service. He stated that with Burqer Ring relocated from the southwest to the northeast quadrant, the level of service at this intersection will even be a little better. Councilman Fitzpatrick asked how this could be better when there is additional traffic. Mr. Koski stated that there is additional traffic in the driveway. He stated that much of the Burqer King traffic is traffic that already exists on the roadway. Iie stated that when the turning movements are analyzed, some of the turninq movements are improved. Ms. Dacy stated that in the revised study, it was assumed that 25 percent of the traffic qenerated by Burqer Rinq was traffic that already exists on the roadway. Mr. Koski stated that with the Burger Kinq already located in this area, they did not assume the traffic qenerated by this business FRIDLBY CITY COIINCIL ME$TINQ OF FBSRIIl1RY 11. 1991 P G$ 16 would be 100 percent new traffic, but traffic that ie now there and just beinq rerouted. Mr. Jack Rirkham, 470 - 66th Avenue, Btated that several informational meetinqs were held last year, and one of the major issues from the residents in the neiqhborhood was traffic. He etated that the developer, Mr. Ericson, assured them that most of the traffic would be pedestrian traffic. He etated that with a Burger King at this location, it is a business that cannot thrive without vehicular traffic. He Btated that the whole scheme has been changed in order to provide for vehicular traffic. He questioned the amount of traffic for the morninq and afternoon hours. Mr. Guzy stated that the average number of cars in the morning hours are about twelve and for the afternoon hours of 4:00 p.m. to 5:00 p.m., about twelve to fourteen and some days it averaqes about eighteen. Councilman Billings asked for a comparison regarding the ratio of gross sales at the existing facility as compared with a new facility. Mr. Blue stated that he was not sure he knew the exact answer to that question. He stated that they want to relocate because their restaurant has aged, and they would like to move into a new upgraded facility. He stated that, hopefully, they could offset the cost of relocatinq to a new facility by some increase in revenue at a new site. Councilman Billings asked if the financial expectations are to double their current business. Mr. Blue stated that he does not have any percentage figures he could give at this time. Councilman Billinqs asked the ratio of business in regard to those who come in to the establishment and those that use the drive- through. Mr. Blue stated that in a high volume facility the ratio is 40 to 45 percent, and in a low volume facility the ratio is about even or about 50 percent. Councilman Fitzpatrick stated that he is surprised there are so few residents from the neighborhood. He stated that at previous meetinqs before the Planning Commission and City Council, there have been more residents in attendance. Mayor Nee felt that a lot of the complaints were worked out at the Planning Commission meeting. FRIDLEY CITY COII�TCIL �[8$TING Olr lBBRIIARY 11, 1991 PA�iB 17 Councilman Fitzpatrick stated that there apparently was not a strong feelinq on the part of the Planninq Commission eince there was a split vote. Mr. Guzy Btated that to clarify the objections of the Planninq Commission, members who voted aqainst this were concerned about the pedestrian crossing. He stated he felt that markinq the pedestrian crossinq and controllinq traffic cominq out of the drive-throuqh facility makes this a controllable situation. He stated that one of the members of the Planninq Commission mentioned the impact on the area, and they are tryinq to address the impact so Burqer Kinq and the residential area can co-exi�t. He stated that is why changes in the plan and wall etructure have been proposed. Councilman Fitzpatrick stated that all of the objections were not due to the pedestrian walkway. He stated that he saw this as being intrusive in the neighborhood in reqard to the traffic, noise, and hours of operation. Councilwoman Jorgenson stated that when the Council first considered this issue, she made the motion for approval. She stated that she has some very serious reservations about a drive- through in this neighborhood. She stated that Burqer Kinq is a very good corporate citizen in the City., the City appreciates their business, and she could see where moving across the street would benefit them. Councilwoman Jorgenson stated, however, she does not feel a drive-through is an appropriate use within that shopping center. She stated that in liqht of the testimony that was qiven at the Planning Commission meeting she cannot vote for approval with a drive-throuqh in place as it is a question of integrity to the neighborhood. She stated that she did not know if Burger Kinq could exist on the site without a drive-throuqh, but would sincerely hope they would look into this issue. Councilman Schneider stated that he was supportive of the original proposal, but he shares Councilwoman Jorqenson's concern. He felt that a promise was made to the neighborhood that a shopping center is an intrusion, but one that is manageable. He felt that when a drive-through is added, even though a vast majority of the noise is mitigated, there are thinqs that cannot be mitigated. He stated that he would have a difficult time supportinq a drive-throuqh. Mayor Nee stated that if the Council wished to place a stipulation requirinq that Burger Rinq close earlier, Burqer Kinq miqht be open to this sugqestion. Councilman Billings stated that what is being considered is a change in the development plan to allow a drive-through window for a restaurant. He stated that it doesn't necessarily specify it would be Burqer Rinq. He stated that if the new proposal was approved, and Burger Rinq chose not to qo into this development, FRIDLBY CITY COIINCIL MEBTINO OF B$BRIIl1RY 11. 1991 �G$ 18 the door would be open for any other business to qo locate at this site. Ms. Dacy stated that was correct as lonq as the site plan was approved and they met any stipulations imposed by the Council. Councilman Billinqs stated that he came into this meetinq thinking it really didn't make any difference that the Blaske Group is currently in Chapter 11 reorqanization, but once he thought about the traffic patterns and the relocation of Burqer Ring, there are other thinqs to consider eince the City does not know how the bankruptcy judge will rule and there are other players in this qame. Mr. Guzy etated that from the developer's standpoint, whatever restrictions the Council wishes to place on this site to limit it to Burger King would be acceptable. He Btated all the financial arrangements would tie the Burger Ring people into this site for a number of years. Councilman Billings stated that hie only concern is if the Council approves the change to allow for a fast-food restaurant and the bankruptcy judge decides Burger King should not be moving, then it opens the door for a different fast-food facility. Councilman Billinqs stated that certainly the impact of this particular facility on the neighborhood is a Biqnificant one. He stated that if Burger King relocates it would please some but anger others. He stated that is not a factor in his decision in this matter. He stated that his concern is about preserving the integrity of the Barton-Aschman traffic study. He stated that he would like to table this item for several weeks before a vote is taken. MOTION by Councilman Billinqs to table this item to the February 25, 1991 meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr, Herrick stated that the ordinance under which this project is permitted is a rather brief ordinance and requires a certain zone which the Council approved several months aqo. He stated that it then requires approval of a development plan, and finally, it addresses the approval of occupants or tenants in the building. Mr. Herrick stated that in as much as this is a fairly new procedure for the City, it seems as other tenants are chosen the same procedure would follow. He stated that the owner of the facility would be advisinq the City as to who will be moving in and then the City would have to approve it. He stated that he wanted to bring this out that there is that provision in the ordinance. FRIDLBY CITY COQNCIL M88TINa OF BBBRIIARY 11. 1991 PAa$ 19 MOTION by Councilwoman Jorqenson to receive the minutes of the Planninq Commiesion meetinq of January 23, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. R�CEIVE AN ITEM FROM THE APPEAIS COMMISSION MEETING OF JANUARY 22. 1991: A. YARIANCE, VAR #90-32, BY FIRST WESTERN DEVELOPMENT CORPORATION: MOTION by Councilman Billings to table this item to February 25, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� ' � �� 4� " � �y! �1+ • • � - • • • ,�_� � • I • 4� • � 4 z .� • 4s � � : : . • • • � • �_' � 4: • • • _ � • � • � • • �� Y � • � • ' 4z � �t: • • � .� • � •; � �-_- � •- � � • • : • :�_ • _-� 4� :_s��_ � � � �1 MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and deny Special Use Permit, SP #90-19. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to review the policy question of outdoor display in M-1 and M-2 zoning districts and report back to the Council. Seconded by Councilman Fitzpatrick. Councilman Billings stated that this question is not on the agenda. Councilwoman Jorgenson stated that it is related to the item reqarding a change of zoning for this property. Councilman Schneider asked for a rulinq if the motion was out of order. Mr. Herrick, City Attorney, stated that he is of the opinion that this motion is related to the item before the Council and ie not a new item. Councilman Billinqs stated that with each meetinq, the rules of this body are more closely defined. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLBY CITY COIINCIL l[BETI�Tt� OF ?BBRIIl1RY il. 1991 P!►aB ZO 8. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS: MOTION by Councilman Schneider to concur with the recommendation of the Planning Commiesion and deny this rezoninq request. Seconded by Councilwoman Jorqenson. Councilman Schneider stated this rezoning would make the use non- conforminq and did not feel it is in the best interests of the City or Crysteel. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 17-1991 SUPPORTING THE ADOPTION OF AN ORDINANCE ON THE SITING OF SEXUALLY ORIENTED BUSINESSES PROHIBITING THEIR LOCATION WITHIN CERTAIN SPECIFIED DISTANCES FROM �F.STI�F.NTTAT. ARF.AG _ S['HA[�TR _[`HiT12['S�TFC _ D�1?iCC XATT1 DT.nV�!D�1i�RJ�C� MoTION by Councilman Schneider to adopt Resolution No. 17-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY. CHAPTER 127, ENTITLED "SEXUALLY ORIENTED BUSINESSES": MOTION by Councilman Fitzpatrick to waive the readinq and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 10. FIRST READING OF AN ORDINANCE RECODIFYING SECTION 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING" BY AMENDING SECTIONS 204.14.O1.A 205 15 O1.A 205.17.01 C AND 205.18 O1.C• MOTION by Councilwoman Jorqenson to waive the reading and approve the ordinance upon first readinq. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 11. �'IRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CIT� CODE, CHAPTER 125 ENTITLED "SAUNAS AND MASSAGE PARLORS�" BY AI�ENDING SECTION 125.09.06: Mr. Hill, Public Safety Director, this amendment places the same location restrictions on saunas and massage parlors as is being proposed in the new sexually oriented business ordinance. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first readinq. Seconded by Councilwoman Jorqenson. � �� 1` - c • :;�s_; c: Upon a voice vote, all votinq aye, Kayor Nee declared the motion carried unanimously. � = : � : z � � � � • � � �� 4 : � � y��rl � � �� ' �� l� • ! > ; � �N MOTION by Councilwoman Jorqenson to establish February 25, 1991 as the public hearinq date �for the 1991 Community Development Block Grants. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Kayor Nee declared the aotion carried unanimously. L � � - � • �1+ 4 � : 9+ • � • 4 � s y • �lt � ••:• ;•�� ,�_� : Mr. Flora, Public Works Director, Btated that only one bid was received from Flexible Pipe Tool Company for this trailer-mounted robotic sewer rodder machine. He stated that the bid, less the trade-in allowance, was for $19,250.00. Mr. Flora stated that $21,000 has been allocated in the 1991 Sanitary Sewer Capital Outlay Budget for this rodder machine and would recommend the �ontract be awarded to Flexible Pipe Tool Company. MoTION by Councilwoman Jorqenson to receive the followinq bid for the trailer-mounted robotic sewer rodder machine: I RODDER COMPANY MACHINE TRADE-IN Flexible Pipe Tool $20,900 $1,650 P. O. Box 164 Sauk Center, 1�T 56378 TOTAL BID $19,250 Seconded by Councilman Billinqs. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for one trailer-mounted robotic sewer rodder machine to the low bidder, Flexible Pipe Tool in the amount of $19,250.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. � � �' � • �ltk� � � � ;_ ; � � � •• • Mr. Flora, Public Works Director, stated that five bids were received for each well. He stated that Mark Traut Wells, Inc. was the low bidder for Well Nos. 1 and 4 and Layne Minnesota was the low bidder for Well No. 9. He etated that it is recommended the contracts be awarded to these low bidders for the repair of Well Nos. 1, 4, and 9. E��'��'�h� �1��r!�=��`.j��•��=��.�� • � : MOTION by Councilman Schneider to receive the following bids for the Repair of Well NoB. 1, 4, and 9, Project No. 215: i � • • ' � �� COMPANY Mark Traut Wells 151 - 72nd Avenue St. Cloud, l�T 56301 Layne Minnesota 3147 California Minneapolis, MN 55418 E. H. Renner 15688 Jarvis Elk River, l�i 55330 Keys Well Drilling 413 North Lexington St. Paul, I�I 55104 Bergerson-Caswell 5155 Industrial Maple Plan, 1rIlJ 55435 TOTAL BID $21,237.00 $21,676.00 $24,038.00 $24,303.00 $25,034.14 REPAIR OF WELL N0. 4, PROJECT NO. 215: Mark Traut Wells 151 - 72nd Avenue St. Cloud, l�T 56301 Layne Minnesota 3147 California Minneapolis, MN 55418 Keys Well Drilling 413 North Lexinqton St. Paul, l�i 55104 E. H. Renner 15688 Jarvis E1k River, IrIId 55330 Bergerson-Caswell 5155 Industrial Maple Plain, MN 55359 $20,734.00 $21,300.00 $24,489.00 $25,960.00 $32,098.21 � � , ► �� i1 1: : . c • - � c : B�PAIR OF WELL NO. 9. PROJECT NO. 215: Layne Minnesota $ 8,836.50 3147 California Minneapolis, MN 55418 Mark Traut Wells 151 - 72nd Avenue St. Cloud, l�T 56301 �' . H . Renner 1�68$ JaY'vis Elk River, MN 55330 �ergerson-Caswell �155 Industrial ��iaple Plain, NIId 55359 �eys Well Drillinq �13 North Lexinqton ;�t� Paul, MN 55104 $ 9,776.00 $10,391.00 $11,352.00 $12,333.00 Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MO�ION by Councilman Schneider to award the contracts for the regair of these wells, Project No. 215, to the low bidderB, Mark Traut Wells, for Well Nos. 1 and 4 in the amounts of $21,237.00 and $20,734.00 and to Layne Minnesota for Well No. 9 in the amount of $8,836.50. Seconded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 15. � ABATEMENT ACTIVITIES: MOTION by Councilman Fitzpatrick to adopt Resolution No. 18-1991. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. �SOLUTION NO. 19-1991 AUTHORIZING CHANGES IN APPROPRIATIONS �'OR THE GENERAL FUND AND THE CAPITAL IMPROi�EMENT FUND FOR THE YEAR 1990: MOTION by Councilman Schneider to adopt Resolution No. 19-1991. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � al� �� 1: - c • : i�,_i �: �. • .1! � � � �� 4�� r � ��! ; _� _SL�� • ' �� 4 � • ' 4: � � . � i�.� .� MOTION by Councilman Fitzpatrick to adopt Resolutfon Nc. 20-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • � Y_� yl �_ �� Mr. Burns, City Manaqer, etated that there were no informal Btatus reports . , �,��+�� MOTION by Councilman Schneider to authorize payment of Claims No.�� 36098 through 36288. Seconded by Councflwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 20. LICENSES• MOTION by Councilwoman Jorqenson to agprove the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Herrick & Newman 205 Fridley Office Building 6401 University Avenue N.E. Fridley, l�i 55432 Services Rendered as City Attorney for the Month of January, 1991 . . . . . . . . . $ 4,408.80 Seconded by Councilman Billinqs. Upon as voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �RIDLEY CITY COIINCIL MEETIN(i OF FEBRIIARY 11. 1991 Pl�aB 25 A�TOUFtNMENT : MOTION by Councilman Schneider to adjourn the meetinq. Seconded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the Reqular Meeting of the Fridley City Council of February 11, 1991 adjourned at 10:49 p.m. Respectfully submitted, Carole iIaddad william J. Nee Secretary to the City Council Mayor Approved: � _ � . Community Development Department G DIVISION City of Fridley DATE: February 21, 1991 TO: William Burns, City Manager� .� `� , FROM: Barbara Dacy, Community Development Director Lisa Campbell, Planning Assistant �` l� SUBJECT: Public Hearing on 1991 Community Development Block Grant Funds February 28, 1991 is the Anoka County deadline for the 1991 Community Development Block Grant application. At the February 11, 1991 City Council meeting, a public hearing was established for February 25, 1991. City Council shall conduct a public hearing for this date. On February 14, 1991, Anoka County confirmed that $117,683 will be allocated to the City of Fridley. Staff, along with the Human Resources and Planning Commissions, recommends that $77,848 be committed to the Riverview Heights Project, $38,835 be committed to Human Services, and the remaining $1,000 be used to pay the Anoka County administration fee. LC/dn M-91-118 �A PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, February 25, 1991 at 7:30 p.m. for the purpose of: Consideration of the City of Fridley's 1991 Community Development Block Grant fund request to the County of Anoka. Persons who are hearing impaired or non-english speaking who wish to participate in the hearing should contact Lisa Campbell at 572- 3594 by February 18, 1991 to request an interpreter. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: February 13, 1991 February 20, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 572-3594. r _ � Community Development Department PL�ANNING DIVISION City of Fridley DATE: February 21, 1991 q p To: William Burns, City Manager� �' 2 FROM: Barbara Dacy, Community Development Director SUBJECT: Redevelopment Plan Amendment Request for Fridley Town Square At the February 11, 1991 meeting, the City Council tabled consideration of this item until further information could be received by the City Council. Attached is the staff report item which was presented in the February 11, 1991 packet. The City Attorney at the February 11, 1991 meeting raised a concern as to how each use would be determined to be consistent with the intent of the S-2, Redevelopment District. I have reviewed the matter with the City Attorney and we agree that if the proposed shopping center is to be constructed, staff would submit to the City Council a list of uses we would deem to be appropriate without a public hearing process as well as a list of uses which we believe would trigger a public hearing process (such as a drive-through window use). We recommend the City Council concur with this approach. Should the City Council approve the redevelopment plan amendment request, the Planning Commission has proposed ten stipulations (see attached). BD/dn M-91-127 6127242274 ouwm iav� Vd ��rY� 1J�J� tJ6 Vli �J� 1�� . !. . �. i . GER � I.G �. Al1�rI�M�r10tE�11M a�iy.�i� w ��w I�rpno �n ��w,w �.�q�,x Uaaa� vIA, rl �ir t� i M�i+a �w�.� �� w� �� t dw, w � �� a�waro+a,: oom M�e,.11N �� , w 8ui►Idq �►q �,w � �� tn�� Iuqn an� �Ilo+ ��.w �� .� u, w�i �� r.�0ww ��wNm �� w�a Mr Wa w ��,w n�ar, a+a° i�""a... e"" *�i .."�� w� � �� Y�� . . . FRANCHI5B GRQUP � �� r��:�� e�oo�n � rw ee�ae• e+�srm• �c�,�sssrrs . . ; . E�bruery 21� 1991 � gridi�r citY covocil . Fridl�y 1luaici�tl Gat�r ; . 6431 Uaiv�ity I�ut ilE ; �Pidl�j� 1!� 55432 . . RFS E�ctleElnQ A0�'/ Oi Op!letioo iII�0it7.oQ t� Prapased telo�tion oi �iarper tinp �e Pert at tEe Frf.dth Tom Sawre I�e1,op�eat. �- a�� ot the cttr Con�cil� It � onr caa+eit�ent !a t�itua ttu hip6�rt � rtandard� oi ltt� aiqkt o�:etioae �a dncnit."it�d h�' o'�r cu."Y'�nt i�dlitp. It ia �l�c o� WMt�at t0 ttCkl� !�d 00 �► p�''ablw rh3Cti P�t �1VQt Y+.tA YlQ�YQ t0 i:� AiQltt Ot Mr �� .rt o��u �na �c � � proht�� a� rooc m po�l�, It it is Qwad tlut w Aeve beea natuCaqful i� �3�Q � couit�►tt w vatld b� rilliap to rork �o!atly rit� tl� dt� to dr+elop a utbod t0 �let th�t� c�wit�nt� - eveu te tlu �xt�nt oi �� '= � oPn'!tiau ii m ather �olntian aa h� r�ds. , �er�ly, � . �. . . � � �Y . hancAi,.� The �lu�e �� P ; , oat D�a tln� • � y�w�� UY• 0 0 0 2.1 � � _ � . DATE: TO: FROM: SUBJECT: Community Development Department G DIVISION City of Fridley February 7, 1991 , `7 William Burns, City Manager �� Barbara Dacy, Community Development Director Redevelopment Plan Amendment Request; Fridley Town Square Attached is the staff report and Planning Commission minutes for the redevelopment plan amendment for the Fridley Town Square development. The Planning Commission did not pass a motion to approve or deny. Both motions failed on a 3-3 tie. However, the Planning Commission recommended the following stipulations if the City Council approved the request: 1. The screening wall shall be extended to University Avenue. The landscaping plan shall be revised to add additional Evergreens along 66th Avenue if a six foot height is maintained or Ivy plantings along the wall if an eight foot height is constructed. A three foot continuous hedge and trees for every 50 feet of driveway should also be provided along University Avenue. 2. A lighting plan should be submitted and approved in conjunction with the building permit application. 3. A pavement marking plan delineating drive-through and loading traffic shall be submitted in conjunction with the building permit application. A"no parking - loading only" zone should be striped along the rear of the building adjacent to the Walgreen's use, and along the east side of the building. 4. The decibel level of the order box should be at a level where its noise is not audible from residential properties to the north. 5. Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast food restaurant shall be routed to the westerly point of the building before being released to the open air, consistent with the original approval in June of 1990 (stipulation #17). The petitioner shall install a double baffle filtration system. Fridley Town Square Redevelopment Plan Amendment February 7, 1991 Page 2 2.3 6. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks. 7. Walgreen shall submit in writing and submit to the City, to prohibit loading/unloading activities between 11:00 a.m. and 2:30 p.m. and 4:30 p.m. and 5:30 p.m. 8. No other restaurants shall be allowed in this development project without the consent of the City. 9. An 8 foot wall shall be constructed around the proj ect and extended to University Avenue. 10. A striped walkway from the bikeway/walkway across the driveway to the front of the building and signage indicating the bikeway/walkway shall be included as part of the project. BD/dn M-91-88 �� C�� F FR! DLEY ! REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST IOCATION 2.4 STAFF REPORT APPEALS DATE PLAIWVING COMMISSION DATE ; January 23, 1991 CI'TY COUNCIL DATE : February � i, 1991 µ�pq BD/dn Februarv 25, 1991 � SITE DATA SlZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG UTLJTES PARK DEDICATION ANALYSIS FlNANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8► ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION ZOA 4i 90-02 Fridley Town Square Associates Amendment to an approved development plan in an S-2, Redevelopment District Northeast corner of University Avenue and Mississippi Street 2.86 acres N/A R-1 and C-1 North - R-I, 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 N/A 2.5 Fridley Town Square Redevelopment Plan Amendment Page 2 Proposal The petitioner is proposing an amendment to the originally approved development plan in an S-2 District to add a fast-food drive- through facility at the west end of the proposed shopping center in the northeast corner of Mississippi Street and University Avenue. The intended tenant is Burger King, which would relocate from the current location at the southwest corner of University Avenue and Mississippi Street. Because a drive-through facility was not discussed during the original development plan approval, staff determined that it constituted a substantial change in the development plan. Section 205.22.5.(C) of the S-2 District requires that substantial changes be submitted to the Planning Commission with final approval by the City Council. Background In March of 1990, the petitioner filed a rezoning application for construction of a 28,230 square foot neighborhood shopping center. The Planning Commission considered the redevelopment of the northeast corner of University Avenue and Mississippi Street at the April 25, 1990 meeting. The Planning Commission recommended on a 4-1 vote denial of the rezoning request from C-1, Local Business and R-1, Single Family Dwelling 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, and some Commissioners felt that the proposed development was over-built. On June 18, 1990, the City Council approved the rezoning request and the proposed development plan subject to 18 stipulations. The HRA has agreed to assist the project with tax increment financing; however, a development contract has not been executed in order that the planning issues are resolved with the proposed request to add a drive-through window for a fast-food restaurant within the facility. Analysis Adding the drive-through window function to the proposed site has the following impacts: 1. Site design. The proposal would dictate that traffic utilizing the fast-food drive-through window would enter the site at the far east side, travel north to the rear of the building, travel west to the west !�•� Fridley Town Square Redevelopment Plan Amendment Page 3 side of the building to the order window, and then pick up the food along the west wall of the shopping center. Customers would then leave the site traveling south to the end of the parking lot, then east to the site entrance (counter-clockwise pattern). The originally-approved plan proposed that the rear of the building was to be used for truck loading and unloading activities only. A clockwise traffic pattern was proposed. Also, the loading and unloading area was located on the east side of the shopping center; however that has changed to the north side of the shopping center directly behind Walgreen's. Mixing automobile traffic with larger vehicle and truck traffic at the rear of a building is not typical, and usually discouraged. The developer has given us another example of this situation in Circle Pines. We hope to have a video for the meeting. The petitioner has rearranged the site plan to maintain a 15 foot setback along 66th Avenue, but widened the driving aisle along the rear of the building from the originally-proposed 20 foot wide driving aisle to 28 to 33 feet in width, depending on the particular location on the site plan. The intent of the widening of this area is to give room for service vehicles to make deliveries during the day, but yet allow automobile traffic to circulate around the rear of the building while service vehicles are on the property. The petitioner has indicated that Walgreen's would agree to a restriction on loading/unloading activities during the peak restaurant period of 11:00 a.m. to 2:30 p.m. Trucks would park parallel to the building and unload by a curving conveyor into the building. 2. Traffic impacts. We asked Barton-Aschman to revise the April 1990 traffic study to address the impacts of the fast-food restaurant. Included in your packet is the consultant's report and recommendation (remember that Barton-Aschman is the City's consultant, and the developer paid the fees). The consultant determined that there would be no change in the level of service on Mississippi Street during peak hour from 4:30 p.m. to 5:30 p.m. Although additional traffic volume will be created at this time of the day, it will not be enough to trigger a drop in the level of service. As part of the consultant's analysis, actual data from the current Burger King location was analyzed. The peak hour of the fast-food use appears to be during the noon hour, from 12:00 to 1:00 p.m. 2.7 Fridley Town Square Redevelopment Plan Amendment Page 4 The typical peak for the shopping center occurs as people are traveling home from work between 4:30 p.m. and 5:30 p.m. Remember that the original April 1990 study assumed that 100� of the traffic generated from the site was brand new traffic and not traffic that already exists on the abutting roadways. This was a worst-case approach. In the revised study, it was assumed that 25� of the traffic qenerated by the fast-food restaurant was traffic that already exists on the roadway. In fact, the consultant noted that relocation of the Burger King to the northeast corner of the intersection redistributes the trips to the extent that the function of the intersection is slightly improved. 3. Noise. The addition of more activity at the rear of the building poses concern for additional noise impact to the neighborhood to the north. Contributors to the noise would be the intercom system for the drive-through vehicles to place orders and responses by the fast-food restaurant employees, and the sound of cars waiting in line to place the order. � The developer has indicated that he has hired a sound consultant (Braun Intertech) to analyze the appropriate decibel level of the order box and other noise generators (see attachment). As another mitigating factor, the developer has proposed an extension of the screening wall from the originally-approved plan an additional 75 feet to the property line along University Avenue (landscaping was originally proposed in this area). The developer has also indicated that, depending on the preference of the City or the neighborhood, he would be willing to construct an eight foot wall or a combination of the originally-proposed six foot wall and additional landscaping. The developer has indicated that the order box would be located in such a manner that it would point toward University Avenue in order to direct the noise away from the neighborhood. 4. Odor. The City Council added a stipulation during its consideration regarding the odor venting from the shopping center. Stipulation #17 required the following: "The HVAC and odor venting shall be designed with all possible design features and equipment which is economically available to eliminate to the greatest extent possible any odor emissions from the shopping center or its individual tenants, and proper venting will be provided for all odors caused by the shopping center or its individual tenants. Venting for specific odor-causing tenants such as restaurant or dry cleaning � Fridley Town Square Redevelopment Plan Amendment Page 5 shall be routed to the most westerly point of the shopping center building before being released to the open air." Locating the fast-food restaurant at the extreme west end of the building is consistent with the intent of stipulation #17• The developer has submitted an analysis by Braun Intertech. A double baffle air filtration system has been installed at the Burger King at T.H. 169 and Old Shakopee Road. No odors within 175 feet could be detected. 5. Screening. The petitioner is prepared to construct an eight foot screening wall along 66th Avenue or a combination of landscaping and the originally-approved six foot wall. Staff is concerned that the addition of two more feet on the masonry wall may be perceived as increasing the impact of a large wall mass along 66th Avenue. Staff recommends that if the six foot wall is maintained that the landscaping plan be revised to provide additional landscaping along the northwest part of the site to break up the view and noise generated from that part of the center. If the recommendation is to construct an eight foot wall, we recommend Ivy plantings along the wall in order to break up the expanse and height of the wall. Due to the site design changes on the property, an increased setback is provided along Mississippi Street which will give additional room if the Anoka County Regional Rail Authority needs this area for a small park-and-ride facility. The original landscaping plan did not include a three foot hedge along University Avenue on the west side of the shopping center. If approved, the landscapinq plan should be amended to provide a continuous three foot screen along University Avenue to screen the view of the drive-through traffic. Also, trees should be planted for every 50 feet of driveway aisle (this is consistent with the recently-adopted Zandscaping ordinance). A five foot setback is still maintained along the east lot line adjacent to existing residences, and there should be no changes to the landscaping plan agreed to by the developer and those homeowners. 6. Light Rail Transit. BRW, Inc. has reviewed the revised site plan for this development. They identified a pedestrian compatibility concern with the drive- through traffic along the west side of the building. The proposed station location for the LRT would be at the northwest part of the site. The bus drop-off for the LRT is proposed to occur along Mississippi Street. The Rail Authority would have to provide a 2.9 Fridley Town Square Redevelopment Plan Amendment Paqe 6 sidewalk along University Avenue to the bus drop-off. A pedestrian connection should also be made into the site as LRT users may want, to either shop at the center or return to their vehicle in the parking lot. The developer should be required to stripe a pedestrian cross-walk area across the westerly driveway aisle in order to accommodate LRT users. This striping would obviously not occur until the system is constructed. Pedestrian access plans will be developed in the near future, as the LRT system is nearing draft Environmental Impact Statement review. 7. Hours of operation. As opposed to the originally-proposed plan of typical shopping center tenants, the addition of the fast-food restaurant poses an additional intrusion into the residential area in terms of hours of operation. Typically, fast-food restaurants are open until 11:00 p.m., and the drive-through activities could occur late into the evening, although they are not as heavy as during peak hours from noon to 5:30 p.m. 8. Lighting. Additional lighting at the rear of the building should be placed such that the light source is completely shielded and located away from the residential area. In fact, locating the wall packs on the south side of the proposed screening wall may help to minimize the glare. A specific lighting and location plan should be submitted if the amendment is approved. Recommendation In rezoning the property to the S-2, Redevelopment District, the district provides the City with the discretion to determine whether or not the proposed development plan is consistent with the redevelopment objectives of the City. During the original consideration, it was determined by the HRA and the City Council that construction of the 28,000 square foot shopping center was consistent with the intent of redeveloping the Center City District. It was determined to be a neighborhood retail facility that would not only provide service to the surrounding residential neighborhood but also provide an addition to the commercial economy of the City of Fridley. During deliberations for the center, the City Council wanted to be sensitive to various impacts on the residential properties to the north and east of the site. The rear of the building was to be for delivery and loading and unloading services only. Hours of operation would be the same as any typical shopping center. 2.10 Fridley Town Square Redevelopment Plan Amendment Page 7 Traffic and parking activity was concentrated to the south of the property abutting Mississippi Street. The proposed addition of .the drive-through window does intensify use of the property along 66th Avenue. The developer has identified several mitigating measures to control and contain the various impacts of noise, traffic, and odor. In fact, these measures are in excess of typical free-standing fast-food restaurants abutting residential areas (the former McDonald's site and Hardees). The issue to be decided is whether or not the originally-approved plan in June 1990 is more appropriate/compatible with the adjacent uses and zoning. Despite the improvements made to the site plan in order to accommodate the proposed change (including increasing certain setback areas), staff remains concerned about the impact of the use onto the adjacent neighborhood in terms of noise, odor, and hours of operation. Adding a fast-food restaurant at the end of an existing shopping center building appears to be a new industry concept. However, because of its location on this particular proposed site, it creates an unusual and awkward circulation system around the rear of the building. We are encouraged by the findings of Braun Intertech regarding noise, odor, and air quality. However, should the Planning Commission recommend approval, the following stipulations should apply: 1. The screening wall shall be extended to University Avenue. The landscaping plan shall be revised to add additional Evergreens along 66th Avenue if a six foot height is maintained or Ivy plantings along the wall if an eight foot height is constructed. A three foot continuous hedge and trees for every 50 feet of driveway should also be provided along University Avenue. 2. A lighting plan should be submitted and approved in conjunction with the building permit application. 3. A pavement marking plan delineating drive-through and loading traffic should be submitted in conjunction with the building permit application. A"no parking" zone should be striped along the rear of the building adjacent to the Walgreen's use, and along the east side of the building. 2.11 Fridley Town Square Redevelopment Plan Amendment Page 8 4. The decibel level of the order box should be at a level where its noise is not audible from residential properties to the north. 5. Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast-food restaurant shall be routed to the westerly point of the building before being released to the open air, consistent with the original approval in June of 1990 (stipulation #17). 6. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks. 7. Walgreen's shall agree in writing, and submit it to the City, to prohibit loading/unloading activities between 11:00 a.m. and 2:30 p.m. PlanninQ Commission Action The Planning Commission did Both motions failed on a 3-3 recommended changes to the not pass a motion to approve or deny. tie. However, the Planning Commission stipulations as follows: 5. Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast food restaurant shall be routed to the westerly point of the building before being released to the open air, consistent with the original approval in June of 1990 (stipulation #17). The petitioner shall install a double baffle filtration system. 7. Walgreen shall submit in writing and submit to the City, to prohibit loading/unloading activities between 11:00 a.m. and 2:30 p.m. and 4•30 p m. and 5:30 p.m. 8. 9. 10. No other restaurants shall be allowed in this develo�ment project without the consent of the Citv. bikewav/walkway shall be included as part of the proiect_ 2.12 Fridley Town Square Redevelopment Plan Amendment Page 9 Cit� Council Recommendation The petitioner was also investigating the air quality impact from standing cars along the rear of the shopping center building. Braun Intertech was to respond to this issue. As of the writing of this report, we have not received a written report. The City Council may want to ask the petitioner to address this issue. Should the City Council approve the proposed redevelopment plan amendment request, it is recommended that the City Council adopt the recommended stipulations discussed at the Planning Commission meeting of January 23, 1991, which are as follows: 1. The screening wall shall be extended to University Avenue. The landscaping plan shall be revised to add additional Evergreens along 66th Avenue if a six foot height is maintained or Ivy plantings along the wall if an eight foot height is constructed. A three foot continuous hedge and trees for every 50 feet of driveway should also be provided along University Avenue. 2. A lighting plan should be submitted and approved in conjunction with the building permit application. 3. A pavement marking plan delineating drive-through and loading traffic shall be submitted in conjunction with the building permit application. A"no parking - loading only" zone should be striped along the rear of the building adjacent to the Walgreen's use, and along the east side of the building. 4. The decibel level of the order box should be at a level where its noise is not audible from residential properties to the north. 5. Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast food restaurant shall be routed to the westerly point of the building before being released to the open air, consistent with the original approval in June of 1990 (stipulation #17). The petitioner shall install a double baffle filtration system. 6. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks. 7. Walgreen shall submit in writing and submit to the City, to prohibit loading/unloading activities between 11:00 a.m. and 2:30 p.m. and 4:30 p.m. and 5:30 p.m. 2.13 Fridley Town Square Redevelopment Plan Amendment Page 10 8. No other restaurants shall be allowed in this development project without the consent of the City. 9. An 8 foot wall shall be constructed around the project and extended to University Avenue. 10. A striped walkway from the bikeway/walkway across the driveway to the front of the building and signage indicating the bikeway/walkway shall be included as part of the project. i � Virgil C. Herrick James D. Hceh Gregg V. Henick Of Counsel David P. Newman T0: FROM: DATE: RE: ��'� � �T�«'��.�' � ATTORNEYS AT LAW M E M 0 R A N D U M Barbara Dacy, Community Developmet� t.`irector Virgil Herrick, City Attorney / � January 30, 1991 G � S-2 District and Relationship to Fridley Town Square Proposal I acknowledge receipt of your memo on the above subject dated January 29, 1991 together with a copy of the minutes of the Fridley Planning Commission meeting of January 23, 1991. 2.14 In your memorandum you indicate that the proposed Fridley Town Square Proposal is on property that is zoned S-2. You then asked the question whether the City has authority to approve or deny any use which is proposed in an S-2 district. Fridley City Code Section 205.22.02 defines permitted uses. This section states: "Those uses which are acceptable to the overall redevelopment plan and specific development plans as approved by the City. Upon approval of the specific development plans, the City shall determine the specific uses that are permitted within the development." Section 205.22.04 defines uses that are excluded. This section states: "Those uses unacceptable to the overall redevelopment plan and specific development plans, as determined by the City, are excluded uses in S-2 districts." From the coatext of the sections quoted above, it seems apparent that the City shall: "1. approve the specific development plan, and 2. then determine the specific uses that are permitted within the development plan." I would therefore answer your question in the affirmative. After giving you an affirmative answer, I would, however, caution that if the City is to deny specific uses, it should give the owner or developer an opportunity to appear and give reasons why the Council should approve a particular use. If the Council does deny that use, the motion for denial should state the reasons therefore. These reasons could be: congestion, traffic problems, lack of parking, noise, odor, etc. There should be some evidence or testimony in the record that would support the reasons given by the Council. VCH:ldb Suite 205, fr�01 l�niversity Avenue N.E., Fridle}•, I��innesota 55432, 612-�71-385U 2.15 FRIDLBY CITY COIINCIL 1sBBTING O1� JIINB 18, 1990 PAGB 10 NEW BUSINES� 4. FIRST READING OF AN ORDINANCE APPROVING A REZONING. ZOA �90- 02 BY FRIDLEY TOWN SQUAR ASSOCIATES: Ms. Dacy, Planninq Coordinator, stated that the S-2 zoninq district is similar to a planned unit development district. She stated that it is unlike any other district in that Council determines what types of uses are located in the district based on a redevelopment plan. Ms. Dacy stated that staff is recommendinq first readinq of the ordinance to rezone this property in the northeast quadrant of Mississippi and University to S-2 with 16 stipulations. Mayor Nee stated that this rezoning question is very difficult. He stated that he has given much thought to Mr. Thayer's comment about not making the same mistake as last time in regard to this property. He stated that the Planning Commission has recommended against the.reZOninq and the Housinq and Redevelopment Authority has recommended approval. He stated that he felt if the rezoning is approved, there may be several families immediately to the east of the property that may have some damages. He stated that, on the other hand, there are several families that had that impact for the last 25 years. He stated that many persons are opposed to the rezoninq, but he has also heard from others in the community who want this site cleaned up. He stated that under an S-2 zoning, the City has all kinds of discretion in terms of the development standards. He stated that in weighing the pros and cons, he felt it would be in the best interests of the City to allow the rezoning. Councilman Billings stated that he contacted those property owners immediately adjacent on 66th Avenue and, unfortunately, the weather has not cooperated, and he did not get out and communicate with residents who live further away from this site. He stated persons several blocks away have signed the petition. Councilman Billings stated that one of the main concerns is the fact that, if this project proceeds and if a LRT station is located on this site, it would necessitate the removal of approximately eight homes for a park-and-ride. He stated that the information received from the Anoka County Regional Railroad Authority was that they are not looking at this option for this site. Councilmart Billings stated that another concern was that the site was not larqe enough, and additional homes on Mississippi should be taken for this project. He pointed out that the ratio of lot coveraqe to buildings is 23 percent for this site and 21 percent for Holly Center so these are about the same. He stated that this site would not be any more over-built than Holly Center. He stated z.1s FRIDLEY CITY COII�ICIL 1d8BTING OF JIINa 18. 1990 FAGB 11 that on the other side of the issue, some residents did not want a commercial area to encroach into the residential neiqhborhood. Councilman Billinqs felt that if this rezoning is approved, it would precYude or minimize the future commercial encroachment irito the residential neighborhood. He stated that there would be no entrances into the residential area from 66th Avenue, and there should be no increased traffic on 66th Avenue as a result of this project. Councilman Billings stated that very few people have an idea what type of development should be allowed on this site other than to make it into a park. He stated that because of the close proximity to University Avenue, this site would not be considered for a park. He felt that other options would mean several peak periods of traffic when workers arrive and depart from work. He stated that the traffic for this project would be staggered rather than two peak hours, which is probably a better option for this site. Councilman Billings stated that one of the other comments pertained to odors. He stated that he does have a stipulation to add regarding odors being generated from a restaurant or dry cleaning business in particular. Councilman Billings stated that some of the positive aspects of this rezoninq is that development of the site would generate more taxes for the City, Cou*�ty, and school district. He also felt that the development would b� a visual improvement for the area and City as a whole. Councilman Schneider stated that his concern is what other type of development should be allowed if this is not approved. He felt that the site, as it now exists, is not qood for the neighborhood. He stated that this proposal is viable and would benefit most of the neighborhood, except possibly one or two homes. He stated that the report from the traffic consultant is that this would not greatly affect the traffic flow. Councilman Schneider stated that it seems to make sense to proceed with the rezoning, with the stipulations, so the City has control. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading, with the followinq stipulations: (1) the development shall be constructed in accordance with site plan dated March 8, 1990, as represented in ZOA #90-02% (2) the landscapinq 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; and (c) Annabel Hydrangea species shall be replaced with rosa ruqose; (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 buildinq permit; (5) all rooftop equipment shall be screened from view from the public right-of-ways: (6) the 2.17 FRZDLSY CITY COUNCIL 1SBBT NG O? 18 90 �G$ petitioner shall obtain development contract approval from the Housinq and Redevelopment Authority; (7) the petitfoner shall execute a maintenance agreement for the landscaping and parking areas; (6) 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; (il) shared parking and access easements shall be provided on the property for LRT kiss-and-ride traffic, and specifically alonq the west and south lot lines; (12) all liqhtinq shall be shielded such that the qlare does not adversely affect residential properties; (13) all parkinq and drivinq areas shall be lined with concrete curb; (14) all dumpsters shall be screened in accordance with the City's ordinance; (15) underqround irrigation shall be provided to landscaped areas; and (16) a comprehensive siqn plan for free- standinq and wall siqns shall be submitted for review and approval by the City Council. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson stated that she shared Councilman Schneider's concern about the buildinqs that now exist on this site and that the problem will only qet worse. She felt that this rezoninq allows the Council to take some action from causing the neighborhood any more harm. She stated that perhaps another developer may wish to develop the site but may want to acquire more homes which would further impact the neighborhood. Councilwoman Jorgenson stated that this is a very difficult decision and hoped the rezoning would change the neighborhood in a positive manner and not a negative one. Councilman Fitzpatrick stated that some development has to be allowed and that it has been elaborated on in the public hearinq. He stated that there does not seem to be an answer to what type of development should occur on this site. Commissioner McCarron's assurance has to be taken seriously that this site would not be expanded in the near future for a park and ride facility. MOTION by Councilman Billinqs to amend the above motion by addinq Stipulation No. 17 as follows: (17) the heatinq, ventilation, air conditioninq, and odor ventinq shall be designed with all possible desiqn features and equipment which is economically available to eliminate to the qreatest extent possible any odor emissions from the �shopping center or its individual tenants. Proper ventinq will be provided for all odors caused by the shopping center or its individual tenants. Ventinq for specific odor causinq tenants such as restaurant or dry cleaninq shall be routed to the most westerly point of the shoppinq center building before beinq released to the open air. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2.18 �RZDLEY CITY CO�1�iCIL 1d88TII1G O� JIIL�IE 18. 1990 PAGB 13 UPON A VOICE VOTE TAI�N ON THE MAZN MOTION, Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billinqs voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. Councilman Billinqs requested that in the next two weeks, and prior� to a second reading of the ordinance, the developer contact the property owners at 365 Mississippi Street and 370 - 66th Avenue to try and reach a mutually acceptable aqreement in regard to the landscaping. �....,T..» �T� � w � nnn DDAVTTITIS�` FAA W�TFR RATE CHANGE: 5• �'►7VLV11Vl� l�V .7'! 177v ca�v�aar+a v Mr. Rick Pribyl, Finance Director, stated that this resolution would increase the water rates in the City. He stated t t the Council, staff, and some of the consultants discussed t s issue a number of times since last December. He stated that t s process started with the need for additional construction and repairs necessary to provide a proper supply of water to operty owners of Fridley. �He stated that these improvements wer outlined in the Capital Improvement Proqram. Mr. Pribyl stated that various versions f water rates were reviewed, and it was decided to proceed with a two-tier rate structure which would allow for a volum discount for the large users that consume over 5,000,000 gallo s per quarter. He stated that the rate proposed provides for 0 to 5,000,000 gallons to be priced at .60/1000 qallons and over ,000,000 qallons to be priced at .55/1000 qallons. Mr. Pribyl stated that in arri ing at this rate structure, the rates were compared with surro dinq communities, and it was found that Fridley is extremely com titive. He stated that the increase still provides for discount for senior citizens and those who are disabled. He stated that e first billinq for this increase would not be effective until O tober. Councilman Fitzpatri asked the effect of the increase for a typical family resi nce. Mr. Burns, City anager, stated that if a customer uses 135,000 gallons per qu er, the increase would be about 5.13 percent. Councilman constituen cent decr,� issue. / illings stated that he received two letters from questioning the rationale that large users have a five : in the rate at a time when water conservation is an Mr. ribyl" stated that larqe users are takinq the brunt of the in ease. Therefore, for those who consume 5,000,000 gallons or o er a f ive cent decrease was of fered as it will have a greater mtiact on these consumers than on the average resident. CITY OF IRIDLEY PL�NNIldG COlQ�IIBBIO�T 1[EETING, J7►NIIARY �3, 1991 �ALL TO ORDER• Chairperson Betzold called the January 23, 1991, Commission meeting to order at 7:35 p.m. � �tOLL CALL : Members Present: Members Absent: Don Betzold, Dave Kondrick, Connie Modiq, Diane Savage, Sue Sherek 2.19 / lanning Saba, Sielaff Others Present: Barbara Dacy, Community evelopment Director Michele McPherson, Pla ing Assistant Bob Guzy, 3989 Centra Avenue N.E. Scott Ericson, Frid y Town Square Dev. Daniel Blue, repre nting Burger King Keith Carlson, Br n Intertech See attached si -in eheets Mr. Betzold stated that on age 12, the motion should be amended to include wording that s ates that the Planning Commission has reviewed the various stu es and ordinances from other cities and that the findings from ose studies and ordinances is consistent with the proposed ordi ance for the City of Fridley. MOTION by Mr. K January 9, 1991, amendment to the �ick, seconded by anning Commission :ion on page 12: Mr. Saba, to approve the minutes with the following " OM TION by r. Kondrick, seconded by Ms. Modiq, that the Planning ommission has reviewed the various studies and ordinan s from other cities and has found that the findin from those studies and ordinances to be appli able to the issues in the City of Fridley; ther fore, the Planninq Commission recommends to the City Co cil approval of an ordinance regulating sexually o ented businesses...." IIPON 'A VOICE VOTE, 71LL VOTI1dG 11YE, CHl�IRPERSON BETZOLD DECLARED Tg�1�iOTION CARRIED DNANIMOUBLY. 2.20 LANNING COI+IIdI88ION 1riE�T Tvn T�vrr�AY 2�, 19 91 PAGF� 1. UHL C AR : l�mendment to the adoption of the redevelopment plan for Fridley Town Square development, to consider adding a drive-through window for a fast food restauranincluded in hisl redevel pment plan are asl f 11 wse property I,ot 9, Block 2, Rice Creek Terrace Plat 1 from R-1, Single Family Dwellinq, to S-2, Redevelopment District, the same beinq 355 Mississippi Street N.E.; and Lot 12, Block 3, Rice Creek Terrace Plat 2 from R-1, Sinqle Family Dwellinq, 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, accordinq to the recorded plat thereof on file and of record in the office of the County Recorder, Ar�oka 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 Dwellinq, and C-1, Local Business, to S-2, Redevelopment District, the same beinq 6525 University Avenue N.E. OTIO by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the publiC hearing notice and open the public hearinq. IIpON � T$$ $� TION� C7�RRIED Tl1ND THB EPOHLICI HEARING OPENOAT DECLARED 7:40 p.K. Ms. Dacy stated the site is located north and adjacent to Mississippi Street, south of 66th Avenue, and east of and . adjacent to University Avenue. The site contains the old 10,000 Auto Parts building. The developer has i St eet and acquire the single family home at 365 Mississipp 370 - 66th Avenue N.E. Ms. Dacy stated that prior to the start of the meeting, there was a question about the location of the existing bikeway and sidewalk. The existinq bikeway/walkway runs along the west boundary of the site, and the sidewalk runs along the south side of the site. Both are within the public road right-of- way and not on the petitioner's property. Ms. Dacy stated that in June 1990, the City Council approved the rezoninq request from C-1, Local Business, and R-1, Single Family Dwelling, to S-2, Redevelopmein centerct, for the construction of a 28,000 sq. ft. shopp g 2.21 gLANNII�iG CO�Z68ZON 1tEETING. Jl1t�TQARX Z3. 1991 PAGE � Ms. Dacy stated the reason the Planning Commission is considering the proposed request at-this meeting is because staff made the determination that the addition of a drive- through window throughout this shopping center represented a substantial change from the oriqinal development plan that was approved by the City Council. The S-2 ordinance states that substantialfinal ga S rov 1 by the Ci y Coun ile planning Commission with PP Ms. Dacy stated the developer is proposinq in a revised plan to the shopping center to lease 3,000 eq. ft. to Burger King at the extreme west end of the building and to install an order box and an order window at the rear of the building so there could be a drive-through function with,the Burger King. Burger King is the same Burger King owner locat� ved, the southwest quadrant. If this revised plan is app Burger King in the eouthwest quadrant would become vacant. Ms. Dacy reviewed the revised plan with the following changes as submitted by the developer: �PPROVED PL ►�N �. 28,230 2. 143 3. 20 4. 5. 6. 7. 6 east side of building plan approved clockwise 8. 5 feet along University Avenue; 15 feet along University Avenue 9. 20 foot lenqth 25 foot aisle 10. Drop-off site; potential for additional spaces along Mississippi square feet parking spaces aisle width around building screening wall loading zone landscaping traffic direction setbacks parkinq stall eystems gROPOSED PLAN 27,745 140 28-33 wall extended to University Avenue; could be eight feet north side of bldg. less area for shrubs along University Avenue counter-clockwise 18 feet along University Avenue One system at 18 feet lonq with 24 foot aisle �T Same; however, conflict with with pedestrian traffic pLANNINa COI�IIiI88IOl�I KEETIldG. Jl►NOARY 23, �991 pA��y �►rr��VED PROPOSED__��N �'�� 11. 322 Peak hour volumes 404 at site intersection (all directions) Ms. Dacy stated that in reviewing the proposed revision to the development plan, staff identified eiqht impacts and/or issues that the Planninq Commission and City Council will have to address: 1. Site design. The proposal would dictate that traffic utilizing the fast-food drive-through window would enter the site at the far east side, travel north to the rear of the buildinq, travel west to the west of the of the building to the order window, and then pick up the food along the west wall of the shopping center. Customers would then leave the site traveling south to the end of the parking lot, then east to the site entrance (counter-clockwise pattern). The originally-approved plan proposed that the rear of the buildinq was to be used for truck loading and unloading activities only. A clockwise traffic pattern was proposed. Also, the loadinq and unloading area was located on the east side of the shoppinq center; however that has changed to the north side of the shopping center directly behind Wa�qreen's. Mixinq automobile traffic with larqer vehicle and truck traffic at the rear of a buildinq is not typical, and usually discouraged. The developer has given us another example of this situation in Circle Pines. Staff visited the site, but that shopping center did not have comparable characteristics. The petitioner has rearranqed the site plan to maintain a 15 foot setback alonq 66th Avenue, but widened the drivinq aisle alonq the rear of the buildinq from the originally-proposed 20 foot wide driving aisle to 28 to 33 feet in width, dependinq on the particular location on the site plan. The intent of the widening of this area is to give room for service vehicles to make deliveries during the day, but yet allow automobile traffic to circulate around the rear of the building while service vehicles are on the property. The petitioner has indicated that Walgreen's would agree to a restriction on loadinq/unloading activities durinq the peak restaurant period of 11:00 a.m. to 2:30 p.m. PLANNII�IG COI+�II88IOI�I KEETIIdG. JI1N0!►RY Z3. 1!!1 AGE 5 �� Trucks would park parallel to the building and unload by a curvinq conveyor into the buildinq. 2. Traffic impacts. Staff asked Barton-Aschman to revise the April 1990 traffic study to address the impacts of the fast-food restaurant. Included in your packet is the consultant's report and recommendation (remember that Barton-Aschman is the City's consultant, and the developer paid the fees). The consultant determined that there would be no change in the level of Bervice on Mississippi Street during peak hour from 4:30 p.m. to 5:30 p.m. Although additional traffic volume will be created at this time of the day, it will not be enouqh to trigger a drop in the level of service. As part of the consultant's analysis, actual data from the current Burger King location was analyzed. The peak hour of the fast-food use appears to be during the noon hour, from 12:00 to 1:00 p.m. The typical peak for the shopping center occurs as people are travelinq home from work Detween 4:30 p.m. and 5:30 p.m. The oriqinal April 1990 study assumed that 100$ of the traffic qenerated from the site was brand new traffic and not traffic that already exists on the abutting roadways. This was a worst-case approach. In the revised study, it was assumed that 25$ of the traffic generated by the fast-food restaurant was traffic that already exists on the roadway. In fact, the consultant noted that relocation of the Burger King to the northeast corner of the intersection redistributes the trips to the extent that the function of the intersection is slightly improved. 3. Noise. The addition of more activity at the rear of the building poses concern for additional noise impact to the neighborhood to the north. Contributors to the noise would be the intercom system for the drive-through vehicles to place orders and responses by the fast-food restaurant employees, and the sound of cars waiting in line to place the order. The developer has indicated that he has hired a sound consultant (Braun Intertech) to analyze the noise generators. The report was distributed to the Planning Commission this eveninq. It states that the distance between the homes and the drive-through facility is far enough that the noise impact would be minimal. 2,24 gLANNINa COMMISSION KEETIId3. Jl�TQl�RY Z3. 199� PAGE 6 4. 5. As another mitiqatinq factor, the developer has proposed an extension of the screening wall from the oriqinally- approved plan an additional 75 feet to the property line along University Avenue (landscapinq was originally proposed in this area). The developer has also indicated that, dependinq on the preference of the City or the neiqhborhood, h� would be willinq to construct an eight foot wall or a combination of the oriqinally-proposed six foot wall and additional landscaping. The developer has located in such University Avenue the neiqhborhood. indicated that the order box would be a manner that it would point toward in order to direct the noise away from Odor. The developer submitted an analysis from Braun Intertech which stated that a double baffle air filtration system was installed at a Burqer King facility at TH 169 and Old Shakopee Road. Odor couldn't be detected from the facility at 175 feet. Locating the fast-food restaurant at the extreme west end of the buildinq is consistent with the intent of stipulation �17; however, as to the type of equipment that will be used to minimize the odor of the fast-food restaurant needs to be submitted by the developer. Venting from the restaurant could occur along the west wall of the building. Screeninq. The petitioner is prepared to construct an eiqht foot screeninq wall along 66th Avenue or a combination of landscaping and the oriqinally-approved six foot wall. Staff is concerned that the addition of two more feet on the masonry wall may be perceived as increasinq the impact of a large wall mass along 66th Avenue. Staff recommends that if the six foot wall is maintained that the landscapinq plan be revised to provide additional landscapinq along the northwest part of the site to break up the view and noise qenerated from that part of the center. If the recommendation is to construct an eight foot wall, we recommend Ivy plantings along the wall in order to break up the expanse and height of the wall. Due to the site desiqn changes on the property, an increased setback is provided alonq Mississippi Street which will give additional room if the Anoka County Reqional Rail Authority needs this area for a small park- pLANNING COI'�II+IZBBION 1s8E ING, JAI�IIARY Z3. 1991 I1GE �■�� and-ride facility. However, given the reduction in eetback along University Avenue, the oriqinally proposed shrubs on this side of the property will have to be placed along the property line, and snow storage on the eite should not occur in this area. The oriqinal landscapinq plan did not include a three foot hedqe along University Avenue on the west eide of the shopping center. If app.roved, the landscapinq plan should be amended to provide a continuous three foot screen along University Avenue to screen the view of the drive-through traffic. Also, trees should be planted for every 50 feet of driveway aisle (this is consistent with the recently- adopted landscapinq ordinance). A five foot setback is etill maintained alonq the east lot line adjacent to existinq residenceian agreedeto should be no changes to the landscaping p by the developer and those homeowners. 6. Light Rail Transit. BRW� Inc., has reviewed the revised site plan for this development. They identified a pedestrian compatibility concern with the drive-through traffic along the west side of the building. The proposed station location The the LRT would be at the northwest part of the site. bus drop-off for the LRT is proposed to occur along Mississippi Street. The Rail Authority would have to provide a sidewalk alonq University Avenue to the bus drop-off. A pedestrian connection should also be made into the site as LRT users may want to either shop at the center or return to their vehicle in the parking lot. The developer should be required to stripe a pedestrian cross-walk area across the westerly driveway aisle in order to accommodate LRT users. This striping would obviously not occur until the system is constructed. Pedestrian access plans will be developed in the near future, as the LRT system is nearinq draft Environmental Impact Statement review. 7. Hours of operation. As opposed to the originally-proposed plan of typical shopping center tenants, the addition of the fast-food restaurant poses an additional intrusion into the residential area in terms of hours of operation. Typically, fast-food restaurants are open until 11:00 p.m., and the drive-through activities could occur late into the evening, although they are not as heavy as during peak hours from noon to 5:30 p.m. 2.26 pLANNIN(3 COI�IIrII88ION IsEETINt�. JJ►�tQAR'Y Z3. 1991 PAGE S 8. Lightinq. Additional liqhtinq at the rear of the buildinq should be placed such that the liqht source is completely shielded and located away from the residential area. In fact, locatinq the wall packs on the south side of the proposed screeninq wall may help to minimize the qlare. A specific lighting and location plan should be submitted if the amendment is approved. Ms. Dacy stated that staff believes that the issue the Planninq Commission and City Council has to decide is whether or not the proposed drive-through facility is consistent with the original development plan that was approved in June 1990. Despite the mitigation that the developer has proposed, there will be more traffic in terms of volume and in terms of location. There will be longer hours of operation due to the nature of a fast food restaurant, and there will be more noise. Adding a fast food restaurant at the end of an existing shopping center buildinq appears to be a new market industry addition; however, it is an atypical traffic pattern. Ms. Dacy stated that, in the deyeloper's defense, they have changed the site plan to maintain the oriqinal setbacks and, in one case, have increased the setback. They have proposed additional screening. They responded to a request to do an analysill�install wh t ver todor system is available todreduce they w the odors from the fast food restaurant. Ms. Dacy stated the original plan contemplated the rear The the building purely as a loading and unloadinq facility. proposed plan represents a chanqe from that; however, staff is encouraqed by the mitiqation proposed by the developer. Mr. Betzold asked if the HRA will be involved in this process at all. Ms. Dacy stated the HRA is aware of the developer's proposed amendment. The HRA has not executed any development contract with the developer and has chosen not to pursue a development contract until this issue is resolved by the Planning Commission and City Council. Mr. Sielaff stated that regarding air quality, what about emissions from cars in the back where the area is more confined with fencinq and the building? Ms. Dacy stated it could be said that with the wall extended to University and the rear wall of the shopping center, a small tunnel is created; however, she believed they should be 2.2? gLANNING COldKI88ION M88TIld(3. J71IdQARY Z3. 1991 AGE more concerned about the air quality from University Avenue than from the traffic on this particular site. Mr. Saba stated that eince this i o ae $tion?strict, could the Commission restrict the hours of p Ms. Dacy Btated, ye6, they could. Ms. Modig stated it is being said that the wall will help reduce the impact of noise. What about the bounce-over noise under certain conditions? Ms. Dacy stated the wall will certainly help cut down on some of the noise, however, she cannot say all the noise will be eliminated. Mr�w storadeain he back re ill the sto aqe of snow impede the sno g • traffic flow? Ms. Dacy stated that is an issue the property management will have of areassto storersnowne The manaqement may have to haul terms snow off site. Ms. Modig asked if the bikewayjwalkway path and sidewalk will be impacted by the development. Ms. Dacy etated the Commission miqht want to stipulate that the developer has to address a pedestrian crossing plar► or striping or stop sign where the sidewalk crosses the driveway entrance. Mr. Saba stated the bikeway/walkway is heavily used during the summer. It is the main route for bike traffic on the east side of University to get to the Community Park. There should be some planned bike path either into the development or an improvement to what is there now, because right now the turn- around by the light is very difficult, and bikers cut across the parking lot. Mr. Bob Guzy, attorney representing the developer, stated that when the developer was before the Commission and City Council, they did not know what type of tenants would go into this development, other than the Walgreen etore. They were approached by Burger King about the possibility of reloca�a�e into this development. Burger King has been a corp citizen of the City of Fridley for many years, and they have made the decision that they would like to relocate, yet stay in the City of Fridley. The addition of Burqer Rinq into the proposed development, alonq with Walgreen, made this site go 2.28 �LANNZI�TG C01�4II88ION lIBBT 1�iG � p GE 10 from a positfve site to a very -positive site from the standpoint of financinq for shoppinq centers. Mr. Guzy stated the developer has been workinq with the City to try rectify any problems that would arise from the addition of the Burger King and drive-throuqh facility. Traffic was mentioned as a biq issue. Barton-Aschman, who did the first traffic report for the Council, relooked at the development with the Burger Kinq and aqain came in with the report that traffic remains at a"D" situation for this intersection and actually indicated that in parts of the intersection, there will probably be an improvement. Mr. Guzy stated that regarding the Burqer Kin e k ti es.1tThe not a constant traffic, and there are some p developer provided for the CitY and August ffic consultant the traffic counts for June, July, Mr. Guzy stated the pedestrian crossing is an issue he had just heard about at this meetinq. Aqain, both with the bikeway/walkway and LRT, it is not a constant traffic. And, it is not uncommon for pedestrians to have to cross a drive- throuqh aisle. Mr. Guzy stated another issue is the noise issue. Mr. Keith Carlson of Braun Intertech, who did the noise and odor report, will address that issue. If the City is uncomfortable with the reporhl=e ano hery expert to do an add tionallreporto let the City Mr. Guzy stated Mr. Daniel Blue, representinq Burger King, will address issues reqardinq the Burger King and the drive- in operation. Mr. Guzy stated that the developer is willing to do whatever is necessary to provide adequate screeninq, whether a 6 ft. or 8 ft. masonry wall. Extra landscaping, whatever is needed, will be provided. He believed the lighting is something that can be addressed. Snow removal was discussed with the original development proposal, and they realize that has to be done. Mr. Guzy stated that regardinq the impact of deliveries and the traffic. This type of traffic is not fast; it is a controlled traffic. The enlargement of the area in the back accommodates the loading and unloadinq of deliveries. The original plan called for Walgreen unloadinq at the eawhich side. That has been chanqed to the northerly site, helps remove that noise from the residential area. Mr. Reith Carlso for Bur er Rinqrast ted t ec r port basically and odor report 9 2.29 PLANNING COI�II�IIS O E Ii GE talks about the implications of the Burger King facility regarding noise and odors. 1�►bout 5-6 months aqo, he looked at a proposed Burger Kinq facility in White Bear Lake, and his report is based on this previous 6ampling project. Mr. Carlson stated the first item addressed in hi6 report was the distance from the proposed Burger Kinq to the residents on the north side of 66th Avenue N.E., and to the residents on the east side of the project, who would be potentiaThe impacted by the cars qoinq into the driving area. distance to the residents on 66th Avenue is 150 feet and 400 feet from the property line on the east side of the project. The 8 foot masonry wall will be quite effective in minimizing the noise generated by the Burger King customers. Using the worst case traffic numbers (11:30 - 2:00 p.m.), the noise implication will be minimal. Mr. Cazlson stated he was quite concerned about the drive- through speaker noise, because speakers can provide a pretty loud noise even at a fairly siqnificant distance. He looked at the noises on the previous projects and the affect of distances on those noises. Using the worst case scenario with 10-15 m.p.h. downwind from the speaker without any wall, the daytime noise levels came down to.zerc. Speakers are very directional and once you qet 25-30 degrees away from the direct line of the speaker, the noise levels drop very dramatically. In this proposal, the speaker will be facing toward University Avenue. Mr. Carlson stated that regardinq the odors generated from the Burger King and how they can be controlled, in cases where the double baffle system has been used, there is some odor (very little) at 100 feet, and at 100-175 feet under the worst case scenario (daytime during the noon hour) , there is no odor at all. Mr. Carlson stated that regardinq the comment that the retaining wall could be more a hindrance than a help from the reflecting noise, that does happen at times ur►der certain road conditions on freeways. Because the nature of the noise caused from the drive-in area would obviously affect the residents on the north side of 66th Avenue, the wall itself is not necessarily causinq reflective noise or making it any worse. The noise the neighbors will really be getting is reflective noise from the facility itself. The 8 ft. wall is far more beneficial for the vehicle noise than the potential noise reflected off the facility. Also, prevailing winds are generally from the north and northwest, and that will minimize the potential for sound. Mr. Dan Bnu in the southwestsquadrant. C He t t d one of the Burger R g . 2.30 pLANNING COMKI88ION BTZll . Jl�N�1�AY Z 3. 991 PA6$ reasons this Burqer Rinq wishes to relocate is because it is an old restaurant. Mr. Blue stated that regardinq noise, the newest mcdels of drive-through communication are much more sophisticated. The newest models have the ability to turn the volume down on the speaker system that .is emitted from the drive-throuqh order station. He also agreed with Mr. Carlson that if the speaker is pointed toward University Avenue, it will have a lot less impact on the community. Mr. Blue stated that reqarding the hours of operation, he is not in a position to make any firm decision on the hours of operation for the new location. At the current location, they are open different hours in the wintertime than in the summer- time. Right now, they are open to 11:00 p.m. on weekdays and 1:00 a.m. on Friday and Saturday. In the summewould�likeYsome normally open a little bit later. Burger Kinq flexibility on the hours of operation. Mr. Saba asked how Burqer Kinq will handle the waste that is qenerated. Mr. Blue stated that Burger King is currently lookinq at a number of ways, from an environmental standpoint, to handle their waste. Most of the products they use are biodegradable, and they are looking at a possible compostinq site for their paper products in St. Cloud. Reqarding litteick up litterg sends employees out into the neighborhood to p They also involve community organizations, such as the Boy Scouts, in clean-up activities. Mr. Saba stated the City is in the process of extending the desirability of biking around the community. Does Burger King plan to provide any bike parkinq for bike traffic? Mr. Blue statedii at rOVide bikeeracksoblem. If there is bike traffic, they w p Ms. Savage asked why Burqer Kinq was lookinq at relocating because it is an older business. Why not renovate the buildinq and stay where they are? Mr. Blue stated that it is not just renovating the buibetter They are looking at this new location as beinq a traffic qeneratinq location because of the ease of entry. Ms . Savage stated she is really concerned about the late hours of operation right next to a residential neiqhborhood. How can Burger Kinq assure the neighbors that the Burger King facility is not goinq to disturb them when the facility is open until 1:00 a.m.? 2.31 p,LANNING COI�'IIdI88ION KBETING. J!►NUliRY 23. 1991 PP►GE� Mr. Blue Btated their past record is very qood. There is an apartment buildinq directly behind their existinq location, and there have not been any siqnificant problems trith the present hours at that location. Mr. Betzold stated that with late niqht traffic, there is often loud traffic--loud mufflers, loud radios, etc., which can be very upsetting to a neiqhborhood. Is the wall and the landscaping goinq to do anythinq to buffer that type of noise? Mr. Carlson Btated that as far as loud car noise, there are no guarantees because that will happen. Hopefully, with the new automobile inspection requlations, that will minimize that type of noise. However, there is no quarantee with radio noise. Mr. Saba asked Mr. Carlson the advantage of the 8 ft. versus the 6 ft. wall with landscapinq. Mr. Carlson stated he thought the 8 ft. wall is euperior. There are also some potential good psychological components of an 8 ft. wall. There is also a big difference aesthetically with an 8 ft. wall than a 6 ft. wall. When the shrubbery is well established, that effect will be minimal. Ms. Modig asked if the developer has any other tenants for the shopping center at this time. Mr. Scott Ericson, the developer, Btated that they are in the process of talking with a number of prospective tenants; however, they are in a holding pattern until they move through this process and have a clearer picture of what the individual space layouts will be. The types of uses they are looking at are retail-oriented businesses, such as a video store, hair salon, travel agency, insurance office, etc. Mr. Sielaff asked if some determination has been done on what the queue would be in the drive-through for the order line. When people wait in line, if the line is too long, it is human nature to want to get out of the line. This could cause traffic problems if they tried to back out. Ms. Dacy stated that the lenqth of the drive-through facility is 200 feet so that is enough stackinq room for 20 cars. The ais�heworder box 1 ano her car fcan pull around and exit outar at Mr. stati� to �ask d esti ns ofVSt ff and the dev 1 per, the opportun y 4u 2.32 pLANNING COI4iI88ION ?IEETINa JANUl�RY 3 9 �G$ 4 Mr. Ladd Ohlsson, 376 - 66th Avenue N.E. , asked if Burqer King would be permitted to have a large neon siqn on the roof. Ms. Dacy stated that roof siqns will not be permitted on this facility. The project will only be allowed a maximum of 80 sq. ft. for a free-standing pylon sign, maximum heiqht of 25 feet. The developme�►t could have two signs, but the maximum would still be 80 sq. ft. for both signs. Because this is a multi-tenant buildinq, the developer will have to submit a comprehensive siqn plan. More than likely, there will be an internally illuminated siqn on the buildinq. Mr. Ellsworth Hinz, 384 - 66th Avenue N.E., asked where the parking lot for Burger King would be located and how larqe it would be. He stated he also disagreed with Mr. Carlson about the winds from the north and northwest. In the evening, the winds are often from the south, and the residents on 66th Avenue will suffer from the odors from the restaurant. Ms. Dacy stated that as originally planned, the parking will be in front of the building. There will be no Burqer King parking to the rear of the buildinq. The parkinq at the rear is only for delivery vehicles. Mr. Duane Hanson, 365 - 66th Avenue N.E., asked how the loading and unloadinq traffic will work for Walqreen with the drive-throuqh. . Ms. Dacy stated that supposedly Walgreen has agreed to not use their docking facilities between the peak hours of 11:30 - 2:00 p.m for the restaurant. However, drive-through traffic could still get around a small panel truck located at the rear of the Walgreen building. Mr. Betzold stated peak hours have been identified as 11:30 - 2:00 p.m. Wouldn't 5:00 - 6:30 p.m. also be considered peak hours? Mr. Blue stated that is true, but the evening hours are not as hiqh a volume level as the noon peak hours. Mr. Jim Thayer, 377 - 66th Avenue N.E., asked how many cars Burger King needs qoinq through the drive-throuqh facility to make it a viable part of their business. Mr. Blue stated that if they had the same location without the drive-through, they would probably have about 40� less business. It would not be a viable alternative to put the restaurant in without the drive-through. Mr. Guzy stated that in Burger Ring's present location, the maximum number of cars was recorded at 97 between the hours 2.33 I G CO1+II�II88 OId S ld Y 9 !�G 5 of 12: 00-1: 00 p.m. , but that nwmber varies from day to day and from time to time. � Mr. Thayer stated that is a lot of cars qoinq through the facility in 1 1/2 hours. Mr. George Meissner, 373 Mississippi Street N.E., stated that relative to loading�and unloading, is Burqer King going to have to load and uncandtrucks be parked Cin the tarea by�the parking spaces, or Burger King and loaded and unloaded down there. Mr. Blue stated that the eervice entrance to the Burqer King is located by the dumpster area, and the delivery trucks could park in baeckC naalso schedule th ir deli erieseforlti esrthat lane. Th y are convenient for them. Mr. Ohlsson, 376 - 66th Avenue N.E., asked if any crosswalks were planned for foot traffic crossing Mississippi safely from the south. Ms. Dacy stated there was not. The best crossing is the Mississippi/University intersection where there is a crosswalk. Ms. Terrie Mau, 246 Mississippi Street N.E., stated people are saying that the present Burger King location is fine. She stated she does q�ite a bit of business with Burger King now because her business is close to them. She stated that just last week there were three traffic accidents of people either trying to enter onto the frontage road or come off the frontage road at Mississippi. It is difficult to get to Burger Kinq. To say that the Burqer King would increase traffic on the northeast corner is true, but it would be a saferincrease enoughlwith thelnew� locat on toeh ve a major will impact on the area. Ms. Mau stated she is also concerned about traffic on this street and did not want to see too much increased traffic, but this is a shopping center and these businesses have to survive. Also, they should not hold businesses accountable for bikers and walkers who don't want to use the crosswalks, and they should not expect the developer to provide places to cross . They cannot be responsible for every individual in the City who does not use common sense. � Ms. Mau stated she had more fear for the children who will be coming to the shopping center to go to Burger Kinq, but she would like to see the Burger Ring stay in Fridley. McDonalds has moved out further, and there are not a lot of fast food r � 2.34 ��trr�� " 19 91 PI+OE 16 pLANNINa COI�liZ88IOld ��IEBTING. J � �� restaurants in this area. Burqer Rinq is in a difficult location now and they should be qiven an opportunity to go into this new shoppinq center. Mr. Jim Thayer stated he is aqainst the proposal. It does a number of thinqs that make it even less viable than the original proposal and the oriqinal proposal was not very viable. Additional pollution will be created--noise, lighting, odor. There is always the probability that the new filters will get plugged up or not be cleaned adequately. It does not mean there will be odors all the time, but there certainly will be enough of the time. But, the biggest impact on the community, at least the homeowners immediately adjacent to the center, is the sound and the liqht. This is not going to be a quiet neiqhborhood anymore. Many people in the neighborhood get up very early in the morning to qo to work and go to bed around 9:00-10:00 p.m. Mr. Thayer stated he believed the traffic patterns suggested by the developer will not work. It is impossible for truck drivers to make deliveries on set schedules. There are too many parameters involved that will keep them from doing that. Mr. Thayer stated the whole buildinq has been reduced in size. That means it reduces the revenues the City will get from it. Mr. Thayer stated the one entrance and one exit is a disaster waiting to happen, particularly if Burqer King gets the type of traffic flow they need to make it a profitable business. Mr. Betzold stated there are some proposed changes in the landscaping; specifically, the size of the wall, additional landscaping, etc. If the City Council does approve this amended site plan, is there anything about the landscaping Mr. Thayer would like to see done to mitiqate some of these problems? Mr. Thayer stated he believed there should be a wall to contain the trash. It should probably be a 6 ft. wall with at least a 2 foot very carefully designed noise barrier on top of it, because there will be a lot of reflected noise. Mr. Thayer stated that regardinq trash, Mr. Blue said that Burger Kinq picks up its trash. However, there are still lots of people who are not environmentally conscious enough to avoid throwing trash around, and that material spreads in a biq hurry. He believed there will be a great deal more trash in the neighborhood than there is now, and that would be pretty pathetic. Most of the people on 66th Avenue try very hard to keep their homes and yards looking very nice. �LANNIP1i COl�il�II8iI0 $T 7�RY 3 9 9 AGE l�•� � Mr. Thayer stated this piece of property is just too emall for a development of this size. The addition of the Burger King would make the eituation even worse for� ��iii�OrHe 6o that eventually the neighborhood will q opposed this development very vehemently. Ms. Dacy stated she would like to clarify an earlier Btatement made by Mr. Guzy reqarding 97 vehicles during the peak noon hours. The 97 vehicles for the 1 1/2 hours for Burqer King . are both drive-through and sit-down traffic. Maximum drive- throuqh traffic is 40 cars. Mr. Meissner, 373 Mississippi Street N.E., stated he is also against the proposed changes to the development. They are qoing from a development that was considered negative by most of the people in the neighborhood the first time, even though the Council approved it, to a development with changes that go even more in the neqative direction. He is particularly negative from the standpoint of traffic. Getting into and out of the site given the size of the entrance and exit is qoing to be difficult. Since the public hearing for the original proposal, he has observed traffic backed up past that driveway on Mississippi Street nearly to his driveway. Mr. Meissner 6tated that as far as the wall, Bu�id not live close enough to be affected by it visually. it is his opinion that a higher wall would be better, both from a sound standpoint and a visual standpoint. Mr. Ron Widlund, 445 - 67th Avenue N.E., stated he believed an 8 foot wall would be better. He stated that regarding new tenants, he knew that one of the new tenants is a pizza restaurant. The pizza restaurant will be located approximately in the middle of the center and will have pizza delivery that goes from 4:00 p.m. to 12:00-1:00 a.m. This business will also generate traffic that will interfere with the traffic going through the drive-through. He is concerned about the noise and odor from the pizza. In addition to a pizza restaurant, he understands there is qoing to be another restaurant, a Chinese restaurant. How many restaurants are needed in this area? The City should look at what else is going into the ghopping center before they decide on Burger Kin He stated he is very much against the whole 9• development. The property values in this area are going o qo down. Mr. Scott Ericson stated the final tenants for this centez will not be determined until there is formal approval by the ownership partnership of the project and the project lender. They are considering a number of uses for the center, but none of them are officially or formally planned to be part of the center until this new plan is a�proved. 2.36 pLANNING CO�ISSION 1dEBTI1�10. JliNIIliRY 23, 1991 PAGE 18 Ms. Dacy stated the issue that triggered the substantial change to this project was the drive-throuqh facility for Burger Kinq. However, the developer should be aware and the Commission should be reminded that the S-2 district does qive the City the latitude to determine whether or not a use is appropriate. If three restaurants are to be located within the facility, then the City should be made aware of that because then the developer will need to address stipulation #17 in the original proposal to make sure those facilities are vented properly. As each tenant space is occupied, the City will be lookinq at that use and how it fits into the overall redevelopment plan of the center. She was not aware that there could be three restaurants within the center; and if that is the case, they need to discuss that and the City Council might want to look at that in more detail. A resident of the neiqhborhood stated he is aqainst the proposal for two reasons: (1) the excess traffic generated because of it; (2) the late hours that Burger King might establish. He would like to encourage Burger King to stay in its present location and encourage other developers to look at the southwest quadrant and qet that developed. He also thought it would be environmentally better to have an 8 foot wall. Mr. Thayer stated there was an article recently in the Fridley Focus about the City's attempts at tax increment financing. The Center City Redevelopment Area was a very viable tax increment district, but there is a larqer one at I-694/Highway 65 which is doinq absolutely nothing. The Moon Plaza Shoppinq Center and the southwest quadrant is also in a tax increment district, and nothinq is happeninq there either. He stated he thinks the City needs to look very carefully at what they are doinq in the area of tax increment financing, because it is not doing what they hoped it would do. It is not bringing in the revenues the City thought it would, and the City has to look at the reasons why. Part of it is the economy, and another part of it may be the locations. But, he is deeply concerned that this is just another one of the projects that will not work out. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTB, �I+L VOTING !►YE, CSAIRPERSON BETZOLD DECL�iRED THE I40TIOI� C!lRRIED AND THE PIIBLIC HEARING CLOSED AT 9:45 P.K. Mr. Betzold stated that in June 1990, the Planninq Commission voted to deny the original development proposal based on concerns about LRT. The City has recited that LRT is part of 2.37 gLANNING COlSMI88IOIi ![BETIl�ia. JI►�1VARY 23. 1991 Pl�GE i9 the plan, and they must accept that. It has also been a long standing commitment of the City to develop this northeast corner. Now, the Commission has to decide whether they �ant to accept the oriqinal proposal with the chanqes. He did not dispute the fact that the Walgreen store and the Burger King will make this project economically prosperous. This also qives the City the opportunity to make some chanqes in the landscapinq which miqht be beneficial to the neiqhbors. Mr. Betzold stated his concern is the traffic pattern. The Commission wanted to try to minimize the impact to the neighbors, particularly those along 66th Avenue. The original idea was to have the loading on the east side and nothing on the north side. Although the developer is proposing a higher wall and more landscaping, there is still the fact that there is going to be a lot of cars qoing by on the north end. He also keeps thinking of the loud mufflers, loud radios, diesel trucks, etc., that will be heard late at niqht. Mr. Saba stated he Bhared the same concerns. He is concerned about the hours of operation, the traffic that will be occurring at a major bikeway/walkway system and pedestrian crossing, many of whom are senior citizens from the senior building. As the Commission discussed in June, this whole development is kind of intrusive into the neighborhood, and they want to be as cautious as possible about what�g°didinot the center. As much as he likes the Burger King, think this is a proper location for it. Ms. Savage stated she also agreed this is not the proper location for a Burger King. She is particulaossibilitrnof about the late hours, traffic noise, and the p Y a lot of younger people congregating over the weekend late at niqht. It is just too intrusive into the residential neiqhborhood. She thought every effort should be made by the developer to find businesses that will minimize this kind of intrusion. She is opposed to the development with the addition of a drive-through window. Mr. Kondrick �tated he did not Bhare Mr. Betzold's, Mr. Saba's, and Ms. Savage's concerns. He stated he believed the additional number of cars that will be going through the site is misleading. He did not think there will be that much of an impact with the drive-through window. He stated he had been a little concerned about the loading and unloading in the rear, but trucks cannot be back there durinq the busy business hours. He thought a lot of the noise will be curtailed by the 8 foot wall. The wall will also catch the debris. The stacking of cars is adequate. He did not have any more problem with this proposal as amended than he did before. 2.38 "* ;3tY Z 3. 19 9 Pi►G8 2 0 pLANNIIda COI+II+IISSZOI�T 1ffi$TII�iG. Jl1I�� Ms. Modig stated the fact is that they have a development that is goinq to qo in there. She woulti rather have a"kncwn" tenant that has been a qood and viable member of the community for many years than an "unknown" tenant, even with the drive- through. The developer has addressed the traffic, noise, lighting, and odor issues and seems to be willing to negotiate and cooperate with the City to meet all the standards the City is proposinq. She did not have any problem with this proposal as amended. Mr. Sielaff stated the developer has indicated a willingness to provide barriers and to aesthetically do something about those barriers. He stated he is struqglinq with the question: What better development could there be for this area than what is beinq proposed? And, he did not know the answer to that question. He did have a concern about air quality in the area behind the facility because of a lack of ventilation behind there with cars and idlinq enqines. Asswning that it will not be a problem, he could find nothinq else wronq with this development, and he would be inclined to vote in favor of it. Mr. Saba stated his bigqest concern is the addition of the drive-through and the affect the development will have on the residential area. He has a lot of respect for R-1 zoninq and residential neighborhoods that try to keep their areas looking nice. He is very concerned about the possibility of more restaurants in this shoppinq center if this is approved by City Council. He would definitely be opposed to any more food restaurants in this development. Mr. Sielaff stated he is also concerned about more food restaurants in this development. Mr : lati n k 1 mit ngif the e number ino c=estaurants a in adt is stip development. Ms. Dacy stated she believed the Commission could make a stipulation to limit the number of restaurants, but she would like the City attorney's opinion on this type of limitation before the City Council meetinq. OM TION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of the amendment to the adoption of the redevelopment plan for Fridley Town Square development to consideant on t e westr side of he proposed building withfthe restaur followinq stipulations: 1. The screening wall shall be extended to University Avenue. The landscaping plan shall be revised to add additional everqreens alonq 66th Avenue if a � 2.39 gz,p,xxzxc co�issZo six foot heiqht is maintained or ivy plantings alonq the wall if an eiqht foot height is constructed. 5otfeet of�drivewayuBhoulddalsonbetprovided along University l,venue. 2. A lightinq plan Bhall be submitted and approved in conjunction with the buildinq permit application. 3. A pavement marking plan delineating drive-through and loadinq traffic shall be submitted in conjunction with the buildinq permit application. A"no parkinq - loadinq only" zone should be striped alon�e � s ruse and alo gulthe� east� aside of the Walg building. 4. The decibel level of the order box shall be at a level where its noise is not audible from residential properties to the north. 5. Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast food restaurant shall be routed to the westerly point of the buildinq before being.released to the open air, consistent with the original approval in June of 1990 (stipulation #17). The petitioner shall install a double baffle filtration system. 6. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including stripinq or sidewalks. 7. Walgreen Bhall Bubmit in writing and submit to the City, to prohibit loading/unloadinq activities between 11:00 a.m. and 2:30 p.m. and 4:30 p.m. and 5:30 p.m. 8. 9. No other restaurants Bhall be allowed in this development project without the consent of the City. An 8 foot wall shall be constructed around the project and extended to University Avenue. 10. A striped walkway from the bikeway/walkway across the driveway to the front of the building and signage indicating the bikeway/walkway shall be included as part of the project. 2.40 PLANNING COMMIBBION MEETING. JANUARY 23. 1991 PAGE 22 IIPON !► VOIC$ VOTS, 1CONDRICIC, �LODIG, BI$LAFF VOTING ]�iYE, BETZOLD, BAHA, BAVAGE VOTINC;NAY� CBAIRPERBON BBTZOLD DECLARED THE KOTION FAILED BY ]1 oOTE OF 3-3. OM TION by Mr. Saba, seconded by Ms. Savage, to recommend to City Council denial of the amendment to the adoption of the redevelopment plan for Fridley Town Square development to consider addinq a drive-through window for a fast food restaurant on the west side of the proposed building based on the Commission's discussions and concerns. IIPON 7► VOICE VOTE, BETZOLD, BABA, BAVAQB VOTINQ �YE, 1CONDRICR, MODIG, BIELAFF VOTING NAY� CHAIRPERSON BETZOLD DECLARED THE MOTION FAILED BY 71 VOTB OF 3-3. Ms. Dacy stated this item will be go to the City Council on February 11, 1991. 2. RECEIVE DECEMBER 13 1990 HOUSING AND REDEVEI,OPMENT AUTHORITY MINUTES• � OM TION by Mr. Kondrick, seconded by Mr. Saba, to receive the December 13, 1990, Housing and Redevelopmen�uthority minutes. 3. 4. 5. UPON !1 VOICE VOTE, ALL VOTING 71YE, DECLARED THE MOTION CARRIED IINANIMOIISLY. COMMISSION MINUTES: MOTION by Mr. Sielaff December 18, 1990, Env minutes. BETZOLD �y Mr. Saba, to receive the Quality and Energy Commission IIPON A VOICE VOTE, !i VOTING 11YE, CBAIRPERSON BETZOLD DECLARED THE MOTION IED IINANZM008I,Y. RECEIVE JANUARY 3 91 ESOURCE COMMISSION INUTES: OM TION by Mr. K drick, seconded by Ms. Modig, to receive the January 3, 19 , Human Resources Commission minutes. IIPON 7�i V CB VOTE, ALL VOTINti !►YE, CHAIRPERSON BETZOLD DECLARED HE MOTION CARRIED IINAN21ri0IISLY. ON by Ms. Savage, seconded by Mr. Kondrick, to receive January 8, 1991, Appeals Commission minutes. 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C-= � -- i; �� , .., . � � _� -. .. . . _ _ _ � � �� i '------'� --""----"� , � ---'------�---'-----°----'-----" � I�i j`� LLY-APPROVED L/�`iVDSCAPE PL �� ,� tl�i r � Y �': � : . : ` 50 C,,� . � scsl� \ •�OP : . 2.45 � � ; , . i � : FROPOSED UHI.VEWAY � I 10,000 AUTO PARTS i ; --------- ' i � CGNST. BY OTHERS -- i : � r -� � ._ . .. ' . ..� . . �� l • ' _....._ _ _...... . � . }��4Sc; :tCX.icc . , � _ _.....__ _ t : � � � , RETAINING WAL� • ! � i •�� ' l I S - _ .....�.-• � . �— L_ i j ; i_.. .-- • � � �, PARKING LOT � . ± t j ; - R/W - - - ---"-- ��--,��- �2Q' 12' ,15' R. ; _ ' - ---�- � _ •'� � r= � _ :_ , ... ,.,... . , . •....... ...: ,_ ._. .._. � _ . ' � _ ...._........___.. .. _. _ .._ 1._i�...._.._....�...._�_:--..�.....�L.�� ........._. .... �9; i e; s-` ' a� c 9 � � . _ ......................... _ .. __._._ a ..._ .._ Q _ . ...... ........ .. �"......... - __ . _ ... + + � + 20� �.. --- 'TION TO �iXISTIN�� ' �� PAVING STONE� ...:... _- � :1DENTAL? f _ .. . . � - ° __ .. :....... ... ..... _ ..__--- _ -- -yi - - ..::._. . _._.... .._ ?si ; � so _ B 61 .. �. n � • _� .. ..._ � r,3.. o - __. -- ...... . ......._. - -� � 8 CaG • . . ... � :. . . . . ., • • . � .� ..�- ' _. ..... ....... .. _ ..-..-- - � 2C; : r,�, , `'ri�-_' . c- •,.,�: � ....- r.� ; I ,', RETAININ� WALL Q . , �... , •' . _ -� `-- -- K i25 ' ' ___•� .f . _ __ " . _ ' _ �(SEE OETAIL SH,T.,' 51 �..i 5 SIDEWAL : • � . • ._.. _ -, ,-_� , F. � . � 2�� _. _...._...... + `� `�`;+ r.•SV,�� ..' b�. �� '. � � Y � R : . �;;RETE ___. � .,i.: � TARGET TARGET FARKING LOT i:iAN � 4 . ; %' � RELOCATE IRRIGATION SYSTEM AS NECESSARY 10 � % " - SYSTEM AND PROVI�E IRRIGATION TO LANDSCAPED t ;� ;;;a�4' CUT AS :�!K=�'ED -.. SEE SPECIAL PROVIStONS FOR ADDITIONAL gy `�;�f�.;�c� � INFORMATION. f.50% ,. f B. M TOF WES STA ' + �, , s? ~ m � � 1 m � � ` � � . _ _ ._.; Qic m m 4> . . ._ _ s�:: .. .__ _ _ . U � . _. �,,, � a � � a a ` }. , 200' V.C. �...,.,r ,:,,, ,. :� II M = 0.09' _ __.. _ _..... � �;r�ivc.^'_:,; r .,Y_:�.._ - -- ANOKA COUNTY IMPROVEMENT PLAiV EASY OF UNIVERSiTY AVENUE � ��IOT TO SCALE) � r1,Ga�a:aa r;:�r� �� •tii E�:�B FRO�� ERAUN E�dl!IRONr1ENTAL FaGE . ��+� 2.46 saoo so,:�h r-+•�sQ. P.o so= �s�oe Mrnneapobs. Mmnosota 55439 � � � � vno�,e6�2aa�-sROO Fax:6�2'9d2-a&at C?�arrryServ�ves5��oe�y..: r�ry�s�t�aoa�TOCaEs ranuary 21, 1991 Mr. Brad J. Pfaff l�iidwest Commercial Brokerage, Inc. 4735 Hiawatha Avenue Minneapolis, MN 55406 RE: CWMX-91-0031 Dear Brad: After k�oking at your blueprints and traffic data relating to the Fridley Town Square Project located on thc cast side of Uni�ersity 1�'orthcast between Mississippi Street and 66th Avenue Northeast, it is the opinion of Braun Intcrtec that the noise implications of the Burger King Restaurant will be minimat. The foilowing poin�c suppc�rt this conclusion: The distanc:es (appro�imately 1�0 feet from residents on 66th Avenue NQrtheast and a�pro�imately 400 f�t from the pro�rty line of the residents to the east of the proj�ct} are cnough in tbemselves to minimize noisc impact. Ia addition, the &foot masc�nry• u�all will help coniain noise ge�erated from the facility. 1he masonry wall wilt pro��ide a superior job of directing the noise up and helping attenuate noises from thc Burger I�ing facility. The 8-fcx�t ma.tonry wall will also be very effective in minimizing nois� generated by the Burgcr I�ing cu.stomer� who may use the one-way strcct for drive through servic�. Thcre should be tittle if any impact for residcnts on the east side of the site. The reduced speed (5 mph) will also minimize vchicular noi.ce. The drive throu�h speaker noise should not be hear+d by residcnts Iocated north of 66�h A��enue Northeast. The drive thrav�h speakcr will be positioned such that noise �enzrated from the spt:aker is directed towazds University Avenue. This speaker position, along with tbe S-fcx�t masonry wall> sh�uld ciiminatc any speaker noi.�e heard by residents. Braun Intertec: has sampled a typical Burger I�ing Restaurant last summer fo� noise impact and it was found at that timc that during a worst case scenario (Friday lunch time downwind with no retaining Wall) tbst speaker noise was subjecti�ely non-existcnt at distances of ]50 - 175 feet from the speaker. �nvirpnmenta! Consultlng and Te6Sng p//rces in Minr►esota. Y1r,sov�rsir►. lOinois. North Dakota 2nd Montana ,� 1H1' 2.47 CWMX-91-0031 Niidwc.ct Commercial Brokcrage, Inc. -2- _ Januazy 21, 1991 Z'he adors generated by the Burger K.ing can be very well controllcd if the facility is equipped w�iih a dt�ublc baff7e air filtration system. The Burge� King located on Councy Road 18 and Old Shakopee Raad has such a system. Braun Intertec represcntatives performed a subjective ocior study duting ouc �oise measurements snd w�ere surprised that odors wcrc mi�mal. There was no odox dctected downwind 175 feet from the facility during the busiest hours of the day (Friday 12 p.m• tv 1 p.m.). We c�o rccanunend tlaat the dumpsters be enclosed for ihis particular facility. This wzll minimize any solid waste Qdors generated from the Butger King faciliry• In summary, thc Burger K±ng Restaurant will not in all probabiliry impact residents adjaccnt to the Fridlcy Town Square Project. If you have any questions or comments, plcase caIl me at 942.4803. Sincerely, BRAUN INTERTEC EN'VIRONMENTAL, INC• ,�'��. �� Keith A Carlson, CIH Senior Industrial Hygienist �.��a-�- �1. �,� ��,.�, Cnegory G. Olson, CiH Vicc Prosident Industrial Hygienc Division K4CIGGO:sajS!CV4'�M0031.7an B��r ,�ti TnTai Gc,r_c r�G � wx APPROVED PLAN 1. 28,230 2. 143 3. 20 4. 6 5. 6. 7. 8. 9. 10. 11. east side of building plan approved clockwise 5 feet along University Avenue; 15 feet along University Avenue 20 foot length 25 foot aisle Drop-off site; potential for additional spaces along Mississippi Street 322 �RIDLBY TOWN 80UARS pLAN CHANGES square feet parking spaces aisle width around building screening wall loading zone landscaping traffic direction setbacks parking stall systems LRT Peak hour volumes at site intersection (all directions) 2.48 PROPOSED PLAN 27,745 143 28-33 wall extended to University Avenue; could be eight feet north side of building less area for shrubs along University Avenue counter-clockwise 18 feet along University Avenue One system at 18 feet long with 24 foot aisle Same; however, conflict with pedestrian traffic 404 NOOlour►1►�110,P.0 Mr�tO! �y�, w�oeero a,�o rhoMe��s000 Ra;ti�.,e� �rya �� Mc. Mlcb�el Jotdin Mid�at Comm�del Broloer�c� Inc� 4?3� 8rtw�the Av�anue �poi� MN SS406 Dauc Mr. Jord�; 2.49 BRAU�i � 6�nba �na �b� �NNOMBrtA� WOµ1� RB: CYVMX•91�OQ31 A�c Qwlity lmpli��ont �� Thb kt�r �teta t�e opinion otBreun In�art�c on tbe �ir qu�lit�implicdtiow of tbe propacd driNe- in unn�cmeat for thc Buc�cr Kin� Rauuru� 'I�e propobd �foot well w!ll marpn�ly e�Eoct tha eu qu�lity of tbe ddv�o•l� oortido�t, but 4pt to the polnt wheto beelth utd yfety c000err� ere tc�llt,od, T� 6pl�yrip� �uPp� ��u�i00: T6e adrridor bet�►een the b�c� of tbe bu�dit� eod tho 8.foot m�oqt�, �� (�a� . �� moa�to'ir,� Pr�l� r�t6 �inr�er ute �o�°°� ,ea�Wt Fteviout (rveiti�gfornpeap�tlda�tpt�qrvit�buildi�g�tNaut�bo� �I�lo� in l�o tbat cecbon mor,o,odc� k� r� from S. etdai h�e iudic�ted at �eather per�c�ten, �e �Eo�mentioaed c�rbon m0000d�od� �) �d�°t th�n kvcle thet would be �Cnerated by drivo-� �nd ddivery trett� 9r�w 1 er�bc belteve� thet c�rboa mo e o o d d o c o a c� t n d o r u � l t h e l a e thaa 1� ppm. lbqe a u m b e p a a r r a � ��i�� rrould bQ � Y e�e� of downtow4 Minncepoi�, ��n�tel ptp n� �� o p�a�� x�°i °�°`wc u°'!u �r,a�cb�on mo� b 9�"'y (�A) � � �y Adnuai�tn4on'� � � � �� 3S ppa 4u � 8� ., aanuminana � �m � "� iuve a rqY �mited ,� �� xpaure tin�a a,�� ba� ��S tao o m'mula �pecttlana' �mnit�tbn� of ! �� ►�y «�a,�a�►y� � P�r� ea�dltf�, /10�a�e W o pa�d b�d�aoor -�.�� or�.. �._ f�4nnwnv C°'r'"�� Ma 7isBra 2.50 L'�V1�Dt•41�0031 � � Nldwat C�ommetdd Brofoeu�e, iec, �. FdxvuY 8� 1991 Whik air quaUly trom � halth nrd afcty �aadpoiutr�Sli aot be �tat� int7ucaced by tl�a 8�foot ati1, odore irom watomob�a and dcUvary truucl� (pr(mu�' dlael) w,�l be notica�ble irom bme to tlme. T1�ee frequeacy ��d conantredon of thoK odot: will bawnil�r to odon ao�pe�od �t drive�lo b�a1u, Palciq� bts, or la dowotown tn�c, If you htve u�y quatiod or oommm�, pieuc �ll me u 94��803. „�_ .�. �vrr tr�xrec �rvtaoxt,�+rr� nv� . �� Ke�t6 A, t�rlwa, C� Scabr IndWa�! Hy�eni:t � • Oboa c;Q� Yix Pt�pldent ladwtrial Hy�e � . . KAGOOO�tjSICqVMo031.�eb �Qd/�A� � _ � J Community Development Department PL�ANI�TING DIVISION City of Fridley DATE: February 21, 1991 � �' TO: William Burns, City Manaqer �' ` FROM: Barbara Dacy, Community Development Director SUBJECT: Second Reading of Ordinance Regulating Sexually Oriented Businesses, Creating Chapter 127 in the Fridley City Code The City Council at the February 11, 1991 meeting approved the attached ordinance for first reading. The proposed ordinance creates a new chapter in the City Code regulating sexually oriented businesses. The City Attorney's office has made mirior changes to the ordinance as follows: l. 5ection 127.02, Definitions. Each definition has been changed to include reference to the exclusion of minors. 2. Section 127.09.1.D. The original draft required references from two individuals in Anoka County. This has been amended to require two references from anyone in the State of Minnesota. 3. Section 127.07.A. The proposed language deletes the original section and proposes that materials which are defined by Minnesota State Statute to be "harmful to minors" must be screened from view. The attached ordinance has been amended to reflect the above changes. We recommend the City Council adopt the ordinance for second and final reading. BD/dn M-91-122 � ORDINANCE NO. ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 127, ENTITLED "SEXUALLY ORIENTED BUSINESSES" The City Council of the City of Fridley does ordain as follows: 127.01. PURPOSE AND INTENT It is the purpose of this ordinance to regulate Sexually Oriented Businesses to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to: 1. Prevent additional criminal activity within the City; 2. Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood; 3. To locate Sexually Oriented Businesses away from residential areas, schools, churches, and parks and playgrounds; 4. Prevent concentration of Sexually Oriented Businesses within certain areas of the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. 127.02. DEFINITIONS 1. Adult Use. Any of the activities and businesses described below constitute "Sexually Oriented Businesses" which are subject to the regulations of this ordinance. A. Adult Book and/or Media Store. An establishment which excludes minors or which has a substantial portion of its stock in trade or stock on display books, magazines, films, videotape, or other media which are characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas". :� Ordinance No. Page 2 B. Adult Cabaret. An establishment which provides dancing or other live entertairunent, if such establishment excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of "specified sexual activities" or "specified anatomical areas". C. Adult Establishment. Any business which excludes minors or offers its patrons services, entertainment, or the sale of inerchandise characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatamical areas. Specifically included in the term, but without limitation, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses, and other adult establishments. D. Adult Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sescual activities or specified anatomical areas. E. Adult Mini-Motion Picture Theater. (1) A theater in an enclosed building, from which minors are excluded, with a capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas". (2) Any business which presents motion pictures, from which minors are excluded, including films and videotapes, havinq as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas", for viewing on the premises, including but not limited to private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion 3C Ordinance No. Page 3 pictures offered for sale or rent. F. Adult Modeling Studio. An establishment, which excludes minors, whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photoqraphed, or otherwise depicted by such customers. G. Adult Motion Picture Arcade. Any place which excludes minors wherein coin or token operated or electronically, electrically, or mechanically controlled or operated still or motor picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. H. Adult Motion Picture Theater. A theater in an enclosed building, from which minors are excluded, with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. I. Adult Novelty Business. A business, from which minors are excluded, which sells, offers to sell, or displays devices which simulate human genitals or devices which are designed for sexual stimulation. J. Specified Anatomical Areas are any of the following conditions: (1) Less than completely and opaquely covered: (a) human genitals, pubic region, or pubic hair; (b) buttock; and (c) female breast below a point immediately above the top of the areola; and 3D Ordinance No. Page 4 (2) Human male genitals in a discernibly turgid state, even if opaquely covered. K. Specified Sexual Activities are any of the following conditions: (1) An act of se�al intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal. (2) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of beinq fettered, bound, or otherwise physically restricted on the part of one so clothed. (3) Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation of a human genital orqan. (4) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. 127.03. APPLICATION OF THIS ORDINANCE Except as in this ordinance specifically provided, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used, for any purpose nor in any manner which is not in conformity with this ordinance. No Sexually Oriented Business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Fridley, the laws of the State of Minnesota, or the United States of America. Nothing in this ordinance shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinance prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to minors. 127.04. NON-CONFORMING USES All Sexually Oriented Businesses which were lawfully in existence Ordinance No. Page 5 as of the effective nonconforming by the to abatement within this ordinance. 127.05. LOCATION 3E date of this ordinance and which were rendered application of this ordinance shall be subject three (3) years of the date of enactment of During the term of this ordinance, no Sexually Oriented Businesses shall be located less than 500 feet from any residential zoning district boundary or site used for residential purposes, and less than l, 000 feet from any church site, from any school site, or from any park which is adjacent to property zoned residential. In addition, no Sexually Oriented Business may be located within 1,000 feet of another Sexually Oriented Business. For purposes of this ordinance, this distance shall be a horizonal measurement from the nearest existing residential district boundary or site used for residential purposes, church site, school site, park site, or another Sexually Oriented Business site to the nearest boundary of the proposed Sexually Oriented Business site. 127.06. IiOURS OF OPERATION No Sexually Oriented Business site shall be open to the public from the hours of 11:00 o'clock p.m. to 8:00 o'clock a.m. 127.07. OPERATION A. An establishment operating as a Sexually Oriented Business shall prevent off-site viewing of its merchandise, which if viewed by a minor, would be in violation of M.S. Chapter 617 or other applicable Federal or State Statutes or local ordinances. B. All entrances to the business, with the emergency fire exits which are not useable enter the business, shall be visible from a of-way. exception of by patrons to public right- C. The layout of the display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, video tapes, or any other material. D. Illwnination of the premises exterior shall be adequate to observe the location and activities of all persons on the exterior premises. 3F Ordinance No. Page 6 127.08. SIGNS Signs for Sexually Oriented Businesses shall comply with the City's sign ordinance, and in addition signs for Sexually Oriented Businesses shall not contain representational depictions of an adult nature or graphic descriptions of the adult theme of the operation. � 127.09. LICENSES All establishments, including any business operating at the time this ordinance becomes effective, operating or intending to operate Sexually Oriented Business, shall apply for and obtain a license with the City of Fridley. 1. Licenses Required. A. A person is in violation of the City Code if he operates a Sexually Oriented Business without a valid license, issued by the City. B. An application for a license must be made on a form provided by the City. .The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. C. The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the health department, fire department, and building official. D. Application for license shall be made only on the forms provided by the City. Four (4) complete copies of the application shall be furnished to the office of the City Clerk containing the address and legal description of the property to be used; the names, addresses, phone numbers of the- owner, lessee, if any, and the operator or manager; the name, address, and phone number of two persons, who shall be residents of the State of Minnesota, and who may be called upon to attest to the applicant's, manager's, or operator's character; whether the applicant, manager, or operator has ever been convicted or a crime or offense other than a traffic offense and, if so, complete and accurate information as to the time, place, and nature of such crime or offense 3G Ordinance No. Page 7 including the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as and reqarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating, or furnishing or acquiring the premises, personal effects, equipment, or anything incident to the establishment, maintenance and operation of the business. If the application is made on behalf of a corporation, joint business venture, partnership, or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names and addresses of all individuals having an interest in the business, including partners, officers, owners, and creditors furnishing credit for the establishment, acquisition, maintenance, and furnishings of said business and, in the case of a corporation, the names and addresses of all officers, general managers, members of the board of directors as well as any creditors who have extended credit for the acquisition, maintenance, operation, or furnishing of the establishment including the purchase or acquisition of any items of personal property for use in said operation. All applicants shall furnish to the City, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person having an interest in the premises upon which the building is proposed to be located or the furnishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements, and any other documents establishing the interest of the applicant or any other person in the operation, acquisition, or maintenance of the enterprise. 2. Issuance of License. A. The Public Safety Director shall recommend approval of the issuance of a license by the City to an applicant within 45 days after receipt of an application unless he finds one or more of the following to be true: (1) An applicant is under 18 years of age. (2) An applicant or an applicant's spouse is overdue in his payment to the City, County, or State of taxes, fees, fines, or penalties assessed against him or 3H Ordinance No. Page 8 imposed upon him in relation to a Sexually Oriented Business. (3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. (4) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a Sexually Oriented Business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. (5) An applicant is residing with a person who has been denied a license by the City to operate a Sexually Oriented Business within the preceding 12 months, or residing with a person whose license to operate a Sexually Oriented Business has been revoked within the preceding 12 months. (6) The premises to be used for the Sexually Oriented Business have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances; such inspections shall be completed within thirty (30) days from the date the application was submitted, provided that the application contains all of the information required by this ordinance. If the application is deficient, the inspections shall be completed within thirty (30) days from the date the deficiency has been corrected. (7) The license fee required by this chapter has not been paid. (8) An applicant has been employed in a Sexually Oriented Business in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a Sexually Oriented Business premises in a peaceful and law- abiding manner, thus necessitating action by law enforcement officers. (9) An applicant or an applicant's spouse has been convicted of a crime involving any of the following offenses: Any sex crimes as defined by Minnesota statutes Ordinance No. Page 9 609.29 through 609.352 inclusive or as defined by any ordinance or statute in conformity therewith; Any obscenity crime is defined by Minnesota statutes 617.23 through 617.299 inclusive, or as defined by any ordinance or statute in conformity therewith; for which: less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the conviction are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month period. B. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse. C. An applicant who has been convicted or whose spouse has been convicted of an offense listed in Subsection 127.09.02.(9) may qualify for a Sexually Oriented Business license only when the time period required by Subsection 127.09.02.(9) has elapsed. D. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Sexually Oriented Business. The license shall be posted in a conspicuous place at or near the entrance to the Sexually Oriented Business so that it may be easily read at any time. E. The City Council shall act to approve or disapprove the license application within 120 days from the date the application was submitted, provided that the application contains all of the information required by this ordinance. If the application is deficient, the Council shall act on the application within 120 days from the date that the deficiency has been corrected. 31 3J Ordinance No. Page 10 F. Within 90 days after the decision by the Council, the applicant may appeal to the District Court by serving a notice upon the Mayor or Clerk of the Municipality. 3. Fees. An initial investigation fee of $400.00 shall be charged at the time the application is filed; no part of this fee shall be refundable. If after review of the application the license is approved, the license holder shall pay $400.00 for the initial license and $400.00 per annum each time the license is renewed. 4. Inspection. A. An applicant or license shall permit representatives of the police department, health department, fire department, and housing and building inspection division, to inspect the premises of a Sexually Oriented Business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. B. A person who operates a Sexually Oriented Business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business. C. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. 5. Expiration of License. A. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 127.09.01. Application for renewal should be made at least 60 days before the expiration date, and when made less than 60 days before the expiration date, the expiration of the license will not be affected. B. When the City denies�renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final. 3K Ordinance No. Page 11 6. Suspension. The City may suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a license has: A. Violated or is not in compliance with any provisions of this chapter. B. Engaged in excessive use of alcoholic beverages while on the Sexually Oriented Business premises. C. Refused to allow an inspection of the Sexually Oriented Business premises as authorized by this chapter. D. Knowingly penaitted gambling by any person on the Seuually Oriented Business premises. E. Demonstrated inability to operate or manage a Sexually Oriented Business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers. A suspension by the City shall be proceeded by written notice to the licensee and a public hearing. The notice shall give at least 10 days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed business premises with the person in charge thereof. 7. Revocation. A. The City may revoke a license if a cause of suspension in section 127.09.6 occurs and the license has been suspended within the preceding 12 months. B. The City shall revoke a license if it determines that: (1) A licensee gave false or misleading information in the material submitted to the City during the application process; (2) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises; (3) A licensee or an employee has knowingly allowed prostitution on the premises; (4) A licensee or an employee knowingly operated the Sexually Oriented Business during a period of time when the licensee's license was suspended; �L Ordinance No. Page 12 (5) A licensee has been convicted of an offense listed in Section 127.09.02.A.(9) for which the time period required in 5ection 127.09.02.A.(9) has not elapsed; (6) On two or more occasions within a 12 month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 127.09.02.A.(9) for which a conviction has been obtained, and the person or persons were employees of the Sexually Oriented Business at the time the offenses were committed. (7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises. (8) A licensee is delinquent in payment to the County or State for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the Sexually Oriented Business. C. The fact that a conviction is being appealed shall have no effect on the revocation of the license. D. Subsequent B.(7) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. E. When the City revokes a license, the revocation shall continue for one year and the licensee shall not be issued a Sexually Oriented Business license for one year from the date revocation became effective. If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under Subsection 127.09.07.B.(5) an applicant may not be granted another license until the appropriate number of years required under Section 127.09.02.A.(9) has elapsed. F. A revocation by the City shall be proceeded by written notice to the licensee and a public hearing. The notice shall give at least 10 days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed premises with the person in charge thereof i �11•�i Ordinance No. Page 13 8. Transfer of License. A licensee shall not transfer this license to another, nor shall a licensee operate a Sexually Oriented Business under the authority of a license at any place other than the address designated in the application. 127.10. SEVERABILITY Every section, provision, or part of this ordinance or any permit issued to this ordinance is declared severable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this ordinance or any permit issued pursuant to this ordinance shall be held invalid by a court of competent jurisdiction it shall not invalidate any other section, provision, or part thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: February il, 1991 February 11, 1991 WILLIAM J. NEE - MAYOR / � C1 II � Community Development Department NG DIVISION City of Fridley DATE: February 21, 1991 �,Q. H To: William Burns, City Manager �, FROM: Barbara Dacy, Community Development Director SUBJECT: Second Reading of an Ordinance to Permit Sexually Oriented Businesses in Certain Commercial and Industrial Districts Attached is the zoning ordinance amendment to permit sexually oriented businesses as a pernaitted use in the C-2 and C-3 commercial districts, and as a special use in the M-1 and M-2 industrial districts. The Planning Commission recommended approval of the ordinance amendment. The City Council approved first reading of the ordinance at the February il, 1991 meeting. Second and final reading is recommended. BD/dn M-91-121 � � ORDINANCE NO. ORDINANCE RECODIFYING SECTION 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING" BY AMENDING SECTIONS 205.14.O1.A, 205.15.O1.A, 205.17.O1.C, AND 205.18.O1.0 The Council of the City of Fridley does hereby ordain as follows: 205.14 C-2 General Business District Regulations 1. Uses Permitted A. Principal Uses. (17) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. 205.15 C-3 General Shopping Center District Regulations A. Principal Uses. (c) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. 205.17 M-1 Light Industrial District Regulations 1. Uses Permitted C. Uses Permitted With A Special Use Permit. (12) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. Sexually oriented businesses in multi-tenant buildings shall meet the standards required for commercial uses as stated in Section 205.17.O1.C.(3). 205.18 M-2 Heavy Industrial District Regulations 1. Uses Permitted C. Uses Permitted With A Special Use Permit. (13) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. Sexually oriented businesses in multi-tenant buildings shall meet the standards required for commercial uses as stated in Section 205.18.O1.C.(3). i � Ordinance No. Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: February 11, 1991 First Reading: February 11, 1991 Second Reading: Publication: , �' �t1DLE�,� . � •� �'o�,°`r: �=�` I DATE FROM SUBJECT POLICE DEPARTMENT c�ty of F��diey Minnesota SAUNA AND MASSAGE PARLOR ORDINANCE AMENDMENT MEMORANDUM TO . ACTI( BILL BURNS � � __ X 5 Enclosed is an ordinance for second reading recodifying the Fridley City Code, Chapter 125, entitled "Saunas and Massage Parlors," by amending section 125.09.06. The proposed amendment will achieve the objective of placing the same location restrictions on saunas and massage parlors as being proposed in the new sexually oriented business ordinance. JPH/sa INFO 5A ORDINANCB NO. � AN ORDINANCE RECODIFYING THS FRIDLEY CITY CODE, CSAPTER 125, ENTITLED ��SAIINAS AND MABSAGE PARLORB��, BY AMENDING SECTION 125.09.06 The City Council of the City of Fridley hereby ordains as follows: 125.09. CONDITIONS GOVERNING ISSUANCE OF LICENSE 6. Licenses may be granted only for locations defined in the Fridley City Code, Chapter 127, entitled "Sexually Oriented Businesses", under Section 127.05 " Locations." PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: February 11, 1991 Second Reading: Publication: � _ _ J Community Development Department PLA►��TNING� DIVISION City of Fridley DATE: February 21, 1991 �! To: William Burns, City Manager �. �' FROM: SUBJECT: Barbara Dacy, Community Development Director Approve Summary Ordinance for Sexually Oriented Businesses Attached is a proposed summary ordinance for the ordinance regulating sexually oriented businesses. We would prefer to publish the summary ordinance rather than the entire ordinance. The City Council must approve the text of the summary ardinance and determine if it clearly informs the public of the intent and effect of the ordinance. The City Council must, by four affirmative votes, agree that only the title and summary of the ordinance be published. Staff recommends the City Council approve the attached ordinance and order its publication. BD/dn M-91-123 ORDINANCE N0. OFFICIAL TITLE AND SUMMARY I. Title • � AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 127, ENTITLED "SEXUALLY ORIENTED BUSINESSES:' II. Summary The City Council of the City of Fridley does hereby ordain as follows: The ordinance defines Sexually Oriented Businesses. Included in the definition are adult book and media stores; adult cabarets; adult establishments; adult hotels or motels; adult mini-motion picture theaters; adult modeling studios; adult motion picture arcades; adult motion picture theaters; adult novelty businesses. The definition also includes specified anatomical areas and specified sexual activities. The above ordinance was adopted on first reading on February 11, 1991, and on second reading on Februarv 25 , 1991. This ordinance will be published on March 6 , 1991, and shall become effective 15 days after publication. . No Sexually Oriented Business as defined in the ordinance may be located less than 500 feet from any residential zoning district, or less than 1000 feet from any church, school, or any park adjacent to a residential district. In addition, no Sexually Oriented Business may be located within 1000 feet of another Sexually-Oriented Business. This ordinance requires the owners or operators of a Sexually Oriented Business to obtain a license from the City of Fridley. It prohibits persons who have been convicted of certain specified criminal activities from obtaining a license. The ordinance contains requirements for license application; procedures for application; procedures for suspension or revocation; and a prohibition against a transfer of the license. The ordinance also provides that any existing business which is located in an area not permitted by the ordinance shall be a non- conforming use and its non-conforming status shall be amortized over a three-year period. Ordinance No. Page 2 III. Notice This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley's ordinance on the siting of.Sexually Oriented Businesses. A copy of the ordinance, in its entirety, is available for inspection by any person during regular office hours at the offices of the City Clerk of the City of Fridley, 6441 University Avenue N.E., Fridley, MDI 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE DAY OF , 1991. William J. Nee, Mayor ATTEST: Shirley A. Haapala, City Clerk . • � 7 CITY OF FRZDLSY pLANNING COMMISSION MEETING, FBBRIIARY 6, 1991 �YN/rNNNw�►MM��M.►��►�M�1►�.►�►��1►11►w�A►�►�M�4N.►�M��►M�N�►.►M�Y�.Y�ti.►�Nti��NNArMN� � CALL O ORDER• Chairperson Betzold called the February 6, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, Dave Kondrick, Connie Modig, Sue Sherek, Brad Sielaff, Larry Kuechle (for Diane Savage) Members Absent: Dean Saba Others Present: Michele McPherson, Planning Assistant Wesley Grandstrand, St. Philip's Lutheran Church John Quiter, Cunningham Architects Robert Becker, St. Philip's Lutheran Church Paul Dahlberg, 6664 East River Road - rep. St. Philip's Lutheran Church APPROVAL OF JANUARY 23 1991 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the January 23, 1991, Planning Commission minutes with the following amendment on page 22, second paragraph: Delete word "approval" in second sentence of motion and insert the word "denial". IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERBON BETZOLD DECLARED T8E MOTION CARRIED IINANIMOIISLY AND THE MINIITES APPROVED AS AMENDED. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP u91-01 BY ST PHILIP'S LUTHERAN CHURCH: Per Section 205.09.C.(1) of the Fridley City Code, to allow churches in an R-3, General Multiple Family Dwelling District, on Outlots 1 and 2 and the vacated service road, Block 2, Moore Lake Highlands Addition, generally located at 6180 Highway 65 N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:31 P.M. 7A PLANNING COMMISSION MEETING. FEBRIIARY 6. 1991 PAGE 2 Ms. McPherson stated the property is located at the southwest corner of the intersection of West Moore Lake Drive and Trunk Highway 65, on the northeast shore vf the west basin of Moore Lake. The property is zoned R-3, General Multiple Family Dwelling. The property to the north and east is zoned C-3, General Shopping, and the property to the north and west is zoned R-1, Single Family Dwelling. Ms. McPherson stated the petitioner is proposing to add an 8,000 sq. ft. addition to the existing sanctuary building which will include a fellowship hall, kitchen facilities, office space, and storage areas. In addition, there will be some other interior remodeling in other parts of the existing facility. Also as part of this request, the petitioner will be adding some additional parking along the front of the church facility and toward the intersection of Highway 65 and west Moore Lake Drive and the existing small parking area and driveway will be closed. Ms. McPherson standards which These standards requirements. stated the City Code sets forth certain allows churches in residential districts. include parking, landscaping, and setback Ms. McPherson stated that on Tuesday, February 5, the Appeals Commission reviewed a variance request from St. Philip's Church to reduce the hard surface setback along the north and east property lines and also to reduce the driving aisle widths for both two way and one way traffic. The Appeals Commission recommended approval of the variance request. Ms. McPherson stated the expansion of the building will meet all the required building setbacks. The City does not currently have a shoreline ordinance; therefore, they do not a minimum setback from the lakeshore. However, the proposed addition will be approximately 88 feet from the normal high water line of the lake. The Department of Natural Resources does have some standards for setback requirements; however, they do not have any jurisdictional authority to require the enforcement of these setbacks. Ms. McPherson stated the proposed parking will provide approximately 269 spaces. In calculating the fellowship hall and the worship area in the existing sanctuary, according to the Code, the number of required parking spaces would be 296, a deficit of approximately 27 spaces. At the Appeals Commission, the petitioner indicated that they have a cross parking easement with Miller Funeral Home across the street so there is available overflow parking. It is staff's recommendation to the petitioner that the fellowship hall and . PLANNING COMMISBION MEETZNG. FEBRIIARY 6. 1991 _ PA(�E 3 sanctuary should not be used for separate functions, but to be used in conjunction with similar functions. Ms. McPherson stated that as far as traffic on West Moore Lake Drive, the petitioner will be improving the traffic situation at the intersection of Highway 65 and West Moore Lake Drive by closing the easte�nmost driveway and removing the existing parking area. Plans have been groposed by the City's Engineering Department to improve this intersection by adding a free right turn, which would add a third lane along the north property line of the church property. The Engineering Department is asking for a 5 foot easement which would include the sidewalk area which runs along the front of the church property to facilitate this improvement. This improvement is slated for either 1991 or 1992. Ms. McPherson stated the building plans will need to be reviewed by the Rice Creek Watershed District as it is over 5 acres in area. At the February 5 Appeals Commission, Chairperson Diane Savage recommended a fourth stipulation: A permit from the Rice Creek Watershed District shall be obtained prior to a building permit being issued by the City. According to Ms. Savage, whose husband is on the Rice Creek Watershed District Board, because the church is within 1,000 sq. ft. of the high water line, they will have to get a permit from the Rice Creek Watershed District. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of the special use permit request, with the following three stipulations: 1. The fellowship hall and the sanctuary shall not be used for separate functions. 2. A landscape plan meeting the code requirements shall be submitted by the petitioner with phased installation indicated on the plan. 3. A 5 foot road easement shall be dedicated to the City along the north property line. Mr. Kondrick asked if any neighbors had called expressing concern over St. Philip's plans. Ms. McPherson stated she had received two calls from neighbors asking about the variance request. Both people felt the expansion could only be an improvement to the existing building and did not feel the plans would impact their residential properties. Mr. Robert Becker, President of St. Philip's Lutheran Church, stated he had a concern with stipulation #1, that they not use 7C PLANNING COMMISSION MEETING. F$BRIIARY 6. 1991 PAGE 4 the fellowship hall and the sanctuary at the same time. He can understand staff's position and concern about the traffic and parking, and the church certainly wants to be in full compliance with all codes. However, he doubted if there would ever be a time when both facilities would be full at the same time. The concern he had with the wording of stipulation #1 is that it is saying that St. Philip's cannot have some kind of chapel service in the sanctuary at the same time the great hall or gymnasium are being used by the youth. He suggested rewording the stipulation to say that the church cannot use both facilities to capacity at the same time. Mr. Becker stated St. Philip's Lutheran Church is a beautiful facility and well kept. They intend to upgrade the landscaping. He did not see the Rice Creek Watershed situation as a problem, but he also did not see it as something that should necessarily be pushed on them. They are not changing a great deal in terms of major runoff. They are making improvement in terms of drain curbing and weirs in the lake to protect the lake. Mr. Dahlberg stated that Ms. McPherson had stated that even at capacity, the church is only 2? spaces short of the number of spaces required. With the cross parking easement with Miller Funeral Home, they have enough parking even if both the fellowship hall and sanctuary were filled to capacity. He agreed with Mr. Becker that he could not think of an instance where both these facilities would be full at the same time. To a certain extent, that stipulation really isn't necessary. Ms. McPherson stated this stipulation was placed on the special use permit prior to staff's knowledge that the church shared a cross parking easement with Miller Funeral Home. She believed the City has allowed prior requests, at least at the retail level, to exist with cross parking easements. Maybe all that is needed is to request a copy of the cross parking easement for the City's files. Mr. Betzold stated the Commission could stipulate that St. Philip's Lutheran Church must maintain a cross parking easement; and if that cross parking easement ever ceases to exist in the future, then the City can readdress the parking issue. Mr. Betzold asked if Mr. Becker anticipated any use of the church facilities that are not related to church functions. Mr. Becker stated they have been doing that forever. The church facilities are used by Alcoholics Anonymous, Overeaters Anonymous, Weight Watchers, etc. It is a community service facility. 7D PLANNING COMMIBSION MEETING. FEBRUARY 6. 1991 PAGE 5 Mr. Dahlberg stated that in terms of the use by large groups, now when there is a wedding, there will be the capability for holding receptions that they did not have in the past, and they hope to take advantage of that. In addition, they will be able to invite youth organizations from several area churches to come together in this facility, rather than having their children go elsewhere. Mr. Wesley Grandstrand stated that regarding stipulation #3, a 5 foot road easement shall be dedicated to the City along the north property line, his concern would be that the upgrading by the City of the intersection with the additional right turn lane be coordinated with the Church's elimination of the driveway and entrance at the corner of the site and not prior to their construction. Ms. McPherson stated she is not sure about the schedule, but she would verify this with the Engineering Department. She is sure that the Engineering Department will be more than willing to coordinate the two projects. Mr. Becker asked if the 5 foot easement would affect their sign. Ms. McPherson stated there should not be any problem. Mr. Becker stated that regardinq the change in wording for stipulation #1, that also impacts some of the wording in the staff report on the top of page 3, "...that at no time would the proposed fellowship hall and the existing sanctuary be used for separate events". He wanted to make sure that by amending the stipulation, that wording in the staff report is also deleted. Ms. McPherson stated that prior to the City Council meeting, she will amend the body of the staff report to reflect the amendment. MOTION by Mr. Kondrick, seconded by Ms. Modig, to close the public hearing. IIpON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7t50 P.M. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of Special Use Permit, SP #91-01, by St. Philip's Lutheran Church, per Section 205.09.C.(1) of the Fridley City Code, to allow churches in an R-3, General Multiple Family Dwelling District, on Outlots 1 and 2 and the vacated service road, Block 2, Moore Lake Highlands Addition, 7E PLANNING COMMISSION MEBTING. FSBRIIARY 6. 1991 PAGE 6 generally located at 6180 Highway 65 N.E., with the following stipulations: 1. That a cross parking easement be maintained with Miller Funeral Home and that a copy of that cross parking easement agreement be submitted to the City. 2. 3. A landscape plan meeting the code requirements shall be submitted by the petitioner with phased installation indicated on the plan. A 5 foot road easement shall be dedicated to the City along the north property line. Ms. Sherek stated that she did not think it is necessary to include a stipulation about the Rice Creek Watershed District permit since that is already a requirement. Ms. McPherson stated representatives for St. Philip's Lutheran Church have spoken with the Rice Creek Watershed District Board and are aware of what is required. UPON A VOICE VOTS, lILL VOTING AYE� CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUBI,Y. Mr. Betzold stated he also wanted to add that it is the Planning Commission's recommendation, at the request of the St. Philip's Lutheran Church, that the City coordinate the work schedule for the right turn lane at Highway 65 and West Moore Lake Drive with the Church's construction. Ms. McPherson stated the variance request and special use permit request will go to the City Council on February 23, 1991. 2. 1991 CDBG FUNDS: Ms. McPherson stated that the Commission members had received a memo from Barbara Dacy and Lisa Campbell regarding the status of 1991 CDBG funds. The proposed 1991 allocation is at $104,291. Staff is proposing that $70,000 be committed to the Riverview Heights project and $33,291 be committed to human services. Anoka �County still requires $1,000 for administrative services. Ms. McPherson stated staff is requesting that the Planning Commission recommend to the City Council approval of the proposed allocation. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to recommend to City Council approval of the 1991 Community Development Block Grant Funds as proposed. 7F PLANNING COMMISSION MEETINQ. FEBRIIARY 6, 1991 PAGE 9 IIPON A VOIC$ VOT$, l�LL VOTING AY$� CSAIRPSRBON B$TZOLD DECLARED TH$ MOTION CARRIED IINANIMOIISLY. 3. RECEIVE THE JANUARY 7 1991 PARKS & RECREATION COMMISSION MINUTES• OM TION by Mr. Kondrick, seconded by Ms. Sherek, to receive the January 7, 1991, Parks & Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. RECEIVE THE JANUARY 22 1991 APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Sherek, to receive the January 22, 1991, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYS, CBAIRPERSON SETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Ms. Modig, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the motion carried and the February 6, 1991, Planning Commission meeting adjourned at 8:05 p.m. Respectfully s mitted, / � , �/I t,(. .�..� Ly e Saba Recording Secretary r _ � I Community Development Department P G DIVISION City of Fridley DATE: February 20, 1991 � To: William Burns, City Manager�!1�` ` FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit, SP #91-01, by St. Philip's Lutheran Church Attached is the staff report for the above referenced request. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. The petitioner shall maintain cross-parking easements with Miller Funeral Home and a copy�of said easement shall be submitted to the office of Community Development. If the easement agreement is terminated, the request shall be reevaluated by the Planning Commission. 2. A landscape plan meeting the code requirements shall be submitted by the petitioner with phased installation indicated on the plan. 3. A 5 foot road easement shall be dedicated to the City along the north property line. Staff recommends that the City Council concur with the Planning Commission's action. MM/dn M-91-96 � 7H. �► STAFF REPORT APPEALS DATE C��O� pLqPqWNG COMNNpSSION DATE: February 6, 1991 FRIDLEY CITY COUNGL DATE : February 25, 1991 �Hpp MM�dn REQUEST PERMIT NUMBER APPLICANT , PROPOSED REQUEST I LOCATION I S1TE DATA I SiZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING UTLJT�S PARK DEDICATION i ANALYSIS I FINANCIAL IMPLlCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNiNG COMMiSSiON RECOMMENDATION SP 4�91-01 �Cunningham Architects and St. Philip's Church To allot� the e::�ansion of a church in a residential district. 6130 Hi�;rway 65 N.E. 6.9 acres R-3, General Multiple Family Dwelling C-3, General Shopping Center to the East and North; R-I, Single Family Dwelling to the West. 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I ��) ' (y �:,�' ` i , �► ,,, � �;.,,, , 8 ,�. c �, f . f � . � ,' � � , �u �"—m W � _ ' • n�ti - 5 A4 M ; •E; �. ; z � ,� . � Kr_ , e.- . � _: . ,ir � , /[h7 = , „ �/ .j / Z» ,br . t o o! y.; J 5`S� CON00 N0. �� , +i , f ��± . • ' " �: �y, �` HER AL� ,� ,+• ' , I �. � -- . ,,• , n .. IW.�DA� /� � ' � WEST ;3 � r�� .�:1' �iY i—. 6N. ,.;,, � ,,Z :,, i., � _ _ ` �•z ; E\ ,��, I AUOITORS SUfl � �, . 3 iri ?08l '1 , 16 �. 88 �, y � �. . �\ ' .�'� KE �°� � � • DRIVE e v ; �ppRE — LAKE "'" •' � :; ..�__ . � �p 3 --- ,� 0 �� ,, : �� ia Q .� a a � � ; I 5�!� ,� P�. , „,,,�z � ; _ . E Z f . 16 � � � ...�. . r•• , ..2 ' `o � c . , ,.. F � \, . r RL.S. � . LC`�, �� .y-� . t „.�� . � .+ "' O ' �� rL ¢ O L�CATION MAP 7K Staff Report SP #91-01, St. Philip's Church Page 2 Request The petitioner, Cunningham Architects, on behalf of St. Philip's Lutheran Church, is requesting that a special use permit be granted to allow the expansion of the church in a residential district. The church is proposing to construct an 8,000 square foot addition which will contain a fellowship hall, kitchen facilities, office space, and storage areas. The request is for 6180 Highway 65 N.E. The petitioner is also processing a variance request to reduce the hardsurface setback and driving aisle width. Site The property is located at the southwest corner of the intersection of West Moore Lake Drive and Trunk Highway 65; on the northeast shore of the west basin of Moore Lake. The property is zoned R-3, General Multiple Family Dwelling. Parcels to the north and east are zoned C-3, General Shopping, and parcels to the west and north are zoned R-1, Single Family Dwelling. Analysis The proposed expansion would occur to the south and west of the existing sanctuary building. The proposed addition would be attached to the existing sanctuary and is approximately 8,000 square feet in area. The zoning code sets forth certain standards by which churches are allowed in residential districts. These standards include parking, landscaping, and setback requirements. The proposed addition will meet the setback requirements for the front, side, and rear yard setbacks. In addition, the setback from the lake shore will be maintained at approximately 88 feet. The City does not have a shoreline ordinance setting forth specific setbacks from shorelines. The Department of Natural Resources, while having certain standards, does not have the jurisdictional authority to enforce the standards. The proposed addition would not affect the grading of the site in any way,�as the intention is to maintain the elevations as they currently are. The City code requires that off-street parkinq be provided at a ratio of 1 space for every 3 fixed pew seats, or 5 feet of pew length and 1 space for every 100 square feet of assembly area. The proposed addition would require 42 additional spaces, while the existing sanctuary requires 254 spaces, for a total of 296 spaces. The proposed plan provides 269 parking spaces; a deficit of 27 spaces. In speaking with the petitioner, they have indicated 7L Staff Report SP #91-01, St. Philip's Church Page 3 that at no time would the proposed fellowship hall and the existing sanctuary be used for separate events. It is the petitioner's intention to use the fellowship hall in conjunction with activities occurring in the sanctuary. For example, if a wedding was occurring in the sanctuary, the fellowship hall would be reserved for a reception after the wedding. The petitioner has a cross- parking easement with Miller Funeral Home, so if both the fellowship hall and sanctuary are full, adequate parking is available. Traffic will be improved as the petitioner will be closing the first driveway west of the intersection of West Moore Lake Drive and Iiighway 65 and removing some parking spaces. This will reduce or eliminate traffic conflicts at the intersection, especially as the Engineering Department plans to add a full right turn lane for right turn traffic wishing to drive southbound on Highway 65. The Engineering Department is requesting that a five foot easement be dedicated along the north property line in order to facilitate this improvement. Recommendation and Stipulations The proposed addition meets the standards set forth in the special use permit requirements set forth in Section 205.09.O1.C.(1). The addition will not adversely impact adjacent properties' views or traffic safety issues. Staff recommends that the Planning Commission recommend approval of the special use permit request, SP #91-01, to allow the expansion of a church in a residential district, with the following stipulations: 1. The fellowship hall and the sanctuary shall not be used for separate functions. 2. A landscape plan meeting the code requirements shall be submitted by the petitioner with phased installation indicated - on the plan. 3. A 5 foot road easement shall be dedicated to the City along the north property line. Planning Commiss�on Action The Planning Commission voted unanimously to recommend approval of the special use permit request with the following stipulations as amended: 7M Staff Report SP #91-01, St. Philip's Church Page 4 1. The petitioner shall maintain cross-parking easements with Miller Funeral Home and a copy of said easement shall be submitted to the office of Community Development. If the easement agreement is terminated, the request shall be reevaluated by the Planning Commission. 2. A landscape plan meeting the code requirements shall be submitted by the petitioner with phased installation indicated on the plan. 3. A 5 foot road easement shall be dedicated to the City along the north property line. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission's action. �9 � � ��I� __ -_ 1 � \ I . l � �_ __ / / � � � � � ��_ � � ► �� 1� � �� -��'I � �� I �i i i �� I ; �� f �� I ��I ; �� I If � I�I � '�� I �� I i�� I � I � I f I � j�� IW II i� ► � � q � � � �- �J �� Q � Q � �-- _ zw �A �W �� ' - �� U O /' � L� � � � ' \ � O X� I W d�� . .� ` �I � . � ��'� si �� I j I � � �I I �� I � � �� I � I � � I I �� i � � � I �� I � M � � ._ ' • � u, Z o '. � � W 8 � I W 3 � . 1� � � _�� . 1. .. , r __ � �ON AViN c�y� H 0 � 70 a a � � U W N 2 V 2 Q � Q _ Y \ \ � / , _ � � cn � II � � . -R .r � N L � v �. � t U s c b � R � � e a+ '� e � H Q. � Q � � � Cuningham Suite 100 Minneopolis, 612-332-0224 Architecfs PA 210 No�ih Second St. Minnesota 55401 FAX: 332-6132 �� 3 January 1991 Michele McPherson City of Fridley Civic Center 6431 University Avenue N.E. Fridley, MN 55432 Dear Michele, Enclosed are a site plan and site survey both at 1" = 60' scale, and project data and applications for variances and a special use permit. AI'ter reviewing the zoning ordinance and talking with you I can see several conditions where we will nced variances. lfiey are: a. Widths of existing parking lots b. Paved area setbacks c. Screening requiremenls This site plan is preliminary and there may be changes as the project progresscs. However, at this point we do not see any financial possibility of altering the size of existing parking lots or moving them (for setback requirements). Parking requirements, according to pew length, are for 254 spaces. The church administration says there is more than enough parking at the present time. The large multi-pucpose space being added will be used mostly for after church service activities and therefore should not significantly increase parking needs. Let me know if you require any more information to proceed. Respectfully submitted, � , f ,� Kate Schneider Enc. p:�90�21u.010391 ALTERATIONS AND ADDITIONS TO ST. PHILIP'S LUTHERAN CHURCH PROJECT DATA: SCOPE: Alterations to the existing building interior include the reconfiguration of offices, classrooms and small gathering areas. Overall occupancy and density are not changing. Additions include enlargement of the existing lobby space with the addition of coat rooms and a vestibule, and the addition of a 4200 s.ft. multi-purpose space with accessory spaces including restrooms and a 500 s.ft. kitchen. Site alterations include the removal of an existing parking area and drive located at the northwest corner of the site, with the addition of a parking area north of the building, and the reconfiguration of the e�try drive. Existing lots will be restriped and have curbing . added where none exists. Weirs will be added at existing points of run-off. Trees and shrubs will be added as shown on the enclosed site plan. SITE DATA: Site Acreage (as measured at property lines or'edge of swamp') Existing building footprint Area of one story addition Existing parking spaces Net No. of parking spaces to be added (10 of which are H.C.) - 6.90 acres - 30,663 s. ft. - 7,921 s. ft. - 251 - 18 7Q QT'Y � FR.IDILY 6431 @IIS1E[iBITY lIVEN� �T.E. FRIDI�EY, 1�IId 55432 (612) 571-3450 . •. �� _ -,r � _ .�� _� ' ?NI� IJ1. ' .i'. � N� � � •:'. pROPE�i�Y II�O�mT�0�1 - site plan requir+ed for sui�ittals: se�e attac3�ed ��. St. Philip's Lutheran Church, 6180 Hwy. 65 N.E. Fridley, *Q1 55432 T�,,�i �i��. Anoka County, Minnesota ��ut lots � �& vacated ser. �� 2 ��i��Moore Lake Highlands 4th addition Ctirrent zoniT�g: R3 �.,� fpp,��a�� 6.9 acres Reason fox' speci3l use pernnit: Church in R3 zone Sec.�tion of City Ooc%: 205.09 .._____.._....________ ....,...._..._....�...... �..__..,.,..____..___ F� �t II�Rl�TIOId (Oontract Purchasers: Fee Owners must sign this fonn prio� to prooessin9) � Bob Brenden � E. Bethel Community School, 21210 Polk Street N.E. Cedar. MN 55011 OAYTII� PiiC1NE 434-4800 .: �:�• � �-•�•. � •. �ME St. Philip's Lutheran Church �� 6180 Hwy. 65 N.E. Fridley, MN 55432 DAYTII„� pF�iE 5 71-1500 SICQ�'IURE , OATE � ' � �I� W/ A/�i�� a� ----- -------__________.___._____� Fee: SZOO.00 X - $100.00 faa� residential s�eoo�ri aooessoYy buildirigs �t sp # �l-D 1 �� 3��9 Applicati� reoeived by: Sd�eduled Planning ;��ion date: ' Sc�eduled City Qouricil date: _.. .._......,... _...,....w.......,__.._ 7S CITY OF FRIDLEY pLANNING CO�+SI88ION KEETING, F$BRIIARY 6, 1991 CALL TO ORDER• Chairperson Betzold called the February , 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, Dave ndrick, Connie Modiq, Sue Sherek, Brad ielaff, Larry Kuechle (for Diane Savage) Members Absent: Dean Saba Others Present: Michele cPherson, Planning Assistant Wesle Grandstrand, St. Philip's Lutheran Church Joh Quiter, Cunningham Architects R ert Becker, St. Philip's Lutheran Church aul Dahlberg, 6664 East River Road - rep. St. Philip's Lutheran Church MOTION b Mr. Kondrick, seconded by Mr. Sielaff, to approve the Janua 23, 1991, Planning Commission minutes with the following amen ent on page 22, second paragraph: Delete word "approval" in sec d sentence of motion and insert the word "denial". �ON !i VOICE VOTE, ]►LL VOTING 11Y8, CHAIRPERBON BETZOLD DECLARED THE KOTION CARRIED IINANIMOIISLY liND THE MZNUTES APPROVED �8 l�IMENDED. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP #91-01, BY ST. PHILIP'S LUTHERAN CHURCH: Per Section 205.09.C.(1) of the Fridley City Code, to allow churches in an R-3, General Multiple Family Dwelling District, on Outlots 1 and 2 and the vacated service road, Block 2, Moore Lake Highlands Addition, generally located at 6180 Highway 65 N.E. O�i TION by Mr. Rondrick, seconded by Ms. Sherek, to waive the reading of the public hearinq notice and open the public hearing. IIPON A VOICE VOTE, 11I,L VOTING l�YE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED 11IdD THE PIIBLIC HEARING OPEN AT 7:31 P.M. 7T PLANNING COI�iIBBION KEETING. �EBRII�RY 6. 1991 PAGE 2 Ms. McPherson stated the property is located at the southwest corner of the intersection of West Moore Lake Drive and Trunk Highway 65, on the northeast shore of the west basin of Moore Lake. The property is zoned R-3, General Multiple Family Dwelling. The property to the north and east is zoned C-3, General Shoppinq, and the property to the north and west is zoned R-1, Sinqle Family Dwelling. Ms. McPhersan stated the petitioner is proposing to add an 8,000 sq. ft. addition to the existing sanctuary building which will include a fellowship hall, kitchen facilities, office space, and storage areas. In addition, there will be some other interior remodelinq in other parts of the existing facility. Also as part of this request, the petitioner will be adding some additional parkinq along the front of the church facility and toward the intersection of Hiqhway 65 and West Moore Lake Drive and the existinq small parkinq area and driveway will be closed. Ms. McPherson standards which These standards requirements. stated the City Code sets forth certain allows churches in residential districts. include parkinq, landscapinq, and setback Ms. McPherson stated that on Tuesday, February 5, the Appeals Commission reviewed a variance request from St. Philip's Church to reduce the hard surface setback along the north and east property lines and also to reduce the drivinq aisle widths for both two way and one way traffic. The Appeals Commission recommended approval of the variance request. Ms. McPherson stated the expansion of the building will meet all the required building setbacks. The City does not currently have a shoreline ordinance; therefore, they do not a minimum setback from the lakeshore. However, the proposed addition will be approximately 88 feet from the normal high water line of the lake. The Department of Natural Resources does have some standards for setback requirements; however, they do not have any jurisdictional authority to require the enforcement of these setbacks. Ms. McPherson stated the proposed parking will provide approximately 269 spaces. In calculating the fellowship hall and the worship area in the existing sanctuary, accordinq to the Code, the number of required parking spaces would be 296, a deficit of approximately 27 spaces. At the Appeals Coaunission, the petitioner indicated that they have a cross parking easement with Miller Funeral Home across the street so there is available overflow parking. Zt is staff's recommendation to the petitioner that the fellowship hall and 7U pLANNING COMMZSSION 1dEETZNa. �SBRII�RY 6, 1991 PAGE 3 sanctuary Bhould not be used for separate functions, but to be used in conjunction with similar iunctions. Ms. McPherson etated that as far as traffic on West Moore Lake Drive, the petitioner will be improving the traffic situation at the intersection of Hiqhway 65 and West Moore Lake Drive by closing the easternmost driveway and removing the existing parking area. Plans have been proposed by the City's Engineering Department to improve this intersection by adding a free riqht turn, which would add a third lane along the north property line of the church property. The Enqineering Department is askinq for a 5 foot easement which would include the sidewalk area which runs along the front of the church property to facilitate this improvement. This improvement is slated for either 1991 or 1992. Ms. McPherson stated the buildinq plans will need to be reviewed by the Rice Creek Watershed District as it is over 5 acres in area. At the February 5 Appeals Commission, Chairperson Diane Savage recommended a fourth stipulation: A permit from the Rice Creek Watershed District shall be obtained prior to a building permit being issued by the City. According to Ms. Savage, whose husband is on the Rice Creek Watershed District Board, because the church is within 1,000 sq. ft. of the high water line, they will have to get a permit from the Rice Creek Watershed District. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of the special use permit request, with the following three stipulations: 1. The fellowship hall and the sanctuary shall not be used for separate functions. 2. A landscape plan meeting the code requirements shall be submitted by the petitioner with phased installation indicated on the plan. 3. A 5 foot road easement shall be dedicated to the City along the north property line. Mr. Kondrick asked if ar►y neiqhbors had called expressing concern over St. Philip's plans. Ms. McPherson stated she had received two calls from neighbors asking about the variance request. Both people felt the expansion could only be an improvement to the existing building and did not feel the plans would impact their residential properties. Mr. Robert Becker, President of St. Philip's Lutheran Church, stated he had a concern with stipulation #l, that they not use 7v �LANNING COMMISSION MEETING. FEBROARY 6. �991 PAGE � the fellowship hall and the sanctuary at the same time. He can understand staff's position and concern about the traffic and parking, and the church certainly wants to be in full compliance with all codes. However, he doubted if there would ever be a time when both facilities would be full at the same time. The concern he had with the wording of stipulation #1 is that it is sayinq that St. Philip's cannot have some kind of chapel service in t2ie sanctuary at the same time the qreat hall or gymnasium are being used by the youth. He suggested rewording the stipulation to say that the church cannot use both facilities to capacity at the eame time. • Mr. Becker stated St. Philip's Lutheran Church is a beautiful facility and well kept. They intend to upqrade the landscaping. He did not see the Rice Creek Watershed situation as a problem, but he also did not see it as somethinq that should necessarily be pushed on them. They are not changing a great deal in tenas of major runoff. They are makinq improvement in terms of drain curbinq and weirs in the lake to protect the lake. Mr. Dahlberg stated that Ms. McPherson had stated that even at capacity, the church is only 27 spaces short of the nuinber of spaces required. With the cross parking easement with Miller Funeral Home, they have enouqh parkinq even if both the fellowship hall and sanctuary were filled to capacity. He agreed with Mr. Becker that he could not think of an instance where both these facilities would be full at the same time. To a certain extent, that stipulation really isn't necessary. Ms. McPherson stated this stipulation was placed on the special use permit prior to staff's knowledge that the church shared a cross parking easement with Miller Funeral Home. She believed the City has allowed prior requests, at least at the retail level, to exist with cross parking easements. Maybe all that is needed is to request a copy of the cross parking easement for the City's files. Mr. Betzold stated the Commission could stipulate that St. Philip's Lutheran Church must maintain a cross parking easement; and if that cross parkinq easement ever ceases to exist in the future, then the City can readdress the parking issue. Mr. Betzold asked if Mr. Becker anticipated any use of the church facilities that are not related to church functions. Mr. Becker stated they have been doing that forever. The church facilitfes are used by Alcoholics Anonymous, Overeaters Anonymous, Weiqht Watchers, etc. It is a community service facility. 7W gL�NNING CO1rIIdZ8SION KEBTING. �$BRIIl�RY 6. 1991 PAGE 5 Mr. Dahlberg stated that in terms of the use by larqe qroups, now when there is a wedding, there will be the capability for holding receptions that they did not have in the past, and they hope to take advantage of that. In addition, they will be able to invite youth organizations from Beveral area churches to come together in this facility, rather than having their children go elsewhere. Mr. Wesley Grandstrand stated that reqardinq stipulation #3, a 5 foot road easement shall be dedicated to the City along the north property line, his concern would be that the upgrading by the City of the intersection with the additional right turn lane be coordinated with the Church's elimination of the driveway and entrance at the corner of the site and not prior to their construction. Ms. McPherson stated she is not sure about the schedule, but she would verify this with the Engineering Department. She is sure that the Engineering Department will be more than willing to coordinate the two projects. Mr. Becker asked if the 5 foot easement would affect their sign. Ms. McPherson stated there should�not be any problem. Mr. Becker stated that regardinq the change in wording for stipulation #1, that also impacts some of the wording in the staff report on the top of page 3, "...that at no time would the proposed fellowship hall and the existing sanctuary be used for separate events". He wanted to make sure that by amending the stipulation, that wording in the staff report is also deleted. Ms. McPherson stated that prior to the City Council meeting, she will amend the body of the staff report to reflect the amendment. OM TION by Mr. Rondrick, seconded by Ms. Modig, to close the public hearing. IIPON A VOZCE VOTE� lILL VOTZNG 11YE� CBAIRPERSON BETZOLD DECLARED THE MOTION C]�iRRIBD IIIdD THE PIIBLIC HEARING CLOBED AT 7:50 P.M. OM TION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of Special Use Permit, SP �91-01, by St. Philip's Lutheran Church, per Section 205.09.C.(1) of the Fridley City Code, to allow churches in an R-3, General Multiple Family Owelling District, on Outlots 1 and 2 and the vacated service road, Block 2, Moore Lake Hiqhlands Addition, 7x PLANNZNG COI�I88ION MEETINa. lBBRUARY 6. 1991 PAGE 6 generally located at 6180 Highway 65 N.E., with the following stipulations: 1. That a cross parkinq easement be maintained with Miller Funeral Home and that a copy of that cross parkinq easement agreement be submitted to the City. 2. A landscape plan meetinq the code requirements shall be submitted by the petitioner with phased installation indicated on the plan. 3. A 5 foot road easement shall be dedicated to the City along the north property line. Ms. Shereic stated that she did not think it is necessary to include a stipulation about the Rice Creek Watershed District permit since that is already a requirement. Ms. McPherson stated representatives for St. Philip's Lutheran Church have spoken with the Rice Creek Watershed District Board and are aware of what is required. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED TH8 KOTION CliRRIED QNANIMOUBLY. Mr. Betzold stated he also wanted to add that it is the Planning Commission's recommendation, at the request of the St. Philip's Lutheran Church, that the City coordinate the work schedule for the right turn lane at Highway 65 and West Moore Lake Drive with the Church's construction. Ms. McPherson stated the variance request and special use permit request will qo to the City Council on February 23, 1991. � 2. 1991 CDBG FUNDS: Ms. McPherson stated that the Commission members had re e'fved a memo from Barbara Dacy and Lisa Campbell req ing the status of 1991 CDBG funds. The proposed 1991 ocation is at $104,291. Staff is proposing that S70,0 e committed to the Riverview Heights project and $33 2 be committed to human services. Anoka County st' requires $1,000 for administrative services. Ms. McPherson stated sta is requestinq that the Planning Commission recommend the City Council approval of the proposed allocatio MOTION by Ms herek, seconded by Mr. Kondrick, to recommend to City ncil approval of the 1991 Community Development Block ant Funds as proposed. � _ � J Community Development Department PLANNING DIVISION City of Fridley DATE: February 20, 1991 1'� TO: William Burns, City Manager ��r FROM: Barbara Dacy, Community Development Director SUBJECT: ��' Variance Request, VAR #91-01, by St. Philip's Lutheran Church Attached is the staff report for the above-referenced request. The Appeals Commission voted unanimously to recommend approval of the request to the City Council, subject to approval of SP #91-01. Staff recommends that the City Council approve the variance request, except for where it applies to the northwest parking area. The petitioner can meet the 20 foot hardsurface setback from the public right-of-way. NIl�i/dn M-91-94 � 8A � STAFF REPORT APPEALS DATE Februazy 5, 1991 CITY OF PLA(WVING CONNNWWSSION DATE F[�j�(.,� CITY COUNCIL DAT'E : February 25, 1991 AUTHOR �/ls REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION 6180 xighway 65 NE S1TE DATA SIZE DENSITY PRESENT ZONING ADJACENT LANO USES 8� ZONWG UTL(TES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIUTY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATiON APPEALS RECOMMEN�ATION PLANNING COMMISSION RECOMMENDATION � VAR #91-01 Ctu�ningham Architects/St. Philip's Lutheran Churc3-� Zb reduoe the hard surfaoe setback from a public right-of- way from 20 ft. to 15 ft. and 10 ft.; and to reduce the driving aisle from 25 ft. to 20 ft. and from 18 ft. to 15 ft. 6.9 acres �3, General N�ultiple Family Dwelling C-3, General Shopping Qenter to the r1 & E; 1�1, Single Far�ily Dwelling to W yes �_� See staff report Approval I M fA I � � � I ' I � ry � - •` - 1 r, -- �- '.� .�. i -- _' i �» , . � �A d' I �. I �i aa „ ,l , 2 ` .. �1 � 2 3 ; t .i � ,5 � l0 ' es �� '�,,., ' ;; �p .�...°. l � I i ;:rr �J/��wi � p � I v i • , . •.'•"' �;p>'"' � G� � E " � �°'"� � : � :� 4 Q � AOp. � U DI $ �o ' r 5 irir,�I (ti �'l •••�A � ow � � I �,�� M, ii` : + 12 � Z �n = 25 5 w.�. i I�. � ::.y� ' • J ' a � VAR 4i 91-01 Cunningham Architects sEC. i �,TY oF � � �, ��!:"+-av'-�_ �' , • I `J ^� NO ' �.. 3 •� �2 � �� . ". d0 � � 4 � � +�.�..., p : ��s.i 7 W W t �: "' . r " . � — - v «..,.. r � �clU .�r.W ,r �. ' t = � !6 �P � za�. '� W ir� t Q 1D � ,..., ,, �� i 8 1+- ��' l J - - d ■,,�� i �a ou> ,S,o`� ,[Z. `� �1 l�� ' �n� {(? •= Y �Mib A/ RE2� o zj��, y Ip :"__ls ,�N�rAL �'u7 64T11 VE. 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' � � � r � ',, � - �' /� 2 . ro f O 2��' J 5 b G10M00 NO. �_ �'o +w i ��i' �' • � �: `� HER AL� ,� ,,+'• , y" (r r ri i 7� oa: � � :or.a�� " � � N� � ' , 'w : 5 w _ _ Dz ;�� i AUDITORS SU6 r,; ; /� � ��a � ;f�> N � ;2 I ",� �6 ... l �W �`� x . « 6 3 7a 408 � 1 NQ. QS �, � L WEST RE L/}KE ORIVE e ,°\ ' � � 1. i ,. ,.. ..., , � . � � ' r i � �--�ORE — LAKE �� : ,3 � � y �; -�_-_ � I O�0 3 :, p •: r�y � �,�''" O __ i _ � -� �� ,, ��. �� ia ; ; � Q � � �� p \ ��' � p��ir=rw2 � I t{ : . � 5�± }_ . ��t ' � �- ` � 2 � -Gi, � � � � � • . , r. � �� 16 RL.S o� r S . �, � � r , �� " � � ...r �. �.9 � _L.�� _ � . �.�L ;� _ . � ,_ . ;, � �I _ _ �n: - � ------- - _ ` �,,.. ., ,�..,., ,.«.. � � .,. O � O �ocAT�oN MAP i � Staff Report VAR #91-01, St. Philip's Lutheran Church, 6180 Highway 65 N.E. Page 2 A. HARDSHIP: "Cost and land constraints" B: ADMINISTRATIVE STAFF.REVIEW: RecLuest The petitioner, Cunningham Architects, on behalf of St. Philip's Lutheran Church, is requesting two variances, to reduce the hard surface setback from the public right-of-way from 20 feet to 15 feet and 10 feet, and to reduce the driving aisle width from 25 feet to 20 feet and 22 feet for two-way traffic and from 18 feet to 15 feet for one-way traffic. The request is for the 6180 Highway 65 N.E. site. The petitioner is also processing a special use permit request as required in Section 205.09.O1.0 of the City Code to expand the church. Site The parcel is located in the southwest corner of the intersection of West Moore Lake Drive and Trunk Highway 65, on the northeast shore of the west basin of Moore Lake. The property is zoned R-3, General Multiple Family Dwelling. Parcels to the north and east are zoned C-3, General Shopping. Parcels to the west and north are zoned R-1, Single Family Dwelling. Analysis Section 205.16.OS.D.(5).(a) requires that all parkinq and hard surface area setbacks be no closer than 20 feet from any street riqht-of-way. Public purpose served by this requirement is to limit visual encroachment into neighboring sight lines and to allow for aesthetically pleasing open areas adjacent to public right- of-ways. The reduction in the hard surface setback from the property line occurs in two locations on the site. One is along the easterly property line where the parking lot exists along Highway 65, and the other one is along the northerly property line where the parking lot exists along West Moore Lake Drive. The parking area along the easterly property line is "sandwiched" between the church facility itself and the easterly property line of the site (which is also the westerly � Staff Report VAR #91-01, St. Philip's Lutheran Church, 6180 Hiqhway 65 N.E. Page 3 right-of-way line of Highway 65). The location of this parking area does not allow for the expansion of the parking to meet the 20 foot hard surface setback without rearranging the entire site. � The parking area located at the northwest corner of the site has more flexibility in the fact that it could be modified in order to meet the 20 foot hard surface setback along the northern property line. The petitioner does have the option of removing the south curb line of the parking lot and moving the parking area closer to the lake. The City does not have a shoreline ordinance in effect; therefore, there are no setback requirements from the lakeshore. The Department of Natural Resources, while having setback standards, does not have any jurisdictional authority to enforce its standards. While the petitioner would incur some expense to meet the code requirement, it would not be as great for the parking area to the east. 8ection 205.16.05.D.(4).(b) requires the a minimum oi 25 feet in vidth tor two-way in width ior one-way tratfic. parkinq aisle to be traffic and 18 feet Public purpose served by this requirement is to provide adequate space to safely maneuver vehicles. The petitioner is requesting a reduction in the driving aisle width for two-way and one-way traffic. Again, these variances are for the easterly and northwesterly parking area. The petitioner does not have adequate area to expand the easterly parking area to meet the required aisle widths. The northwesterly parking area, while having area to expand in the north/south direction, does not have area to expand in an east/west direction, thereby making the driving aisles wider. Based on the angle of the parking stalls and the width of the parking stalls which are proposed to be 10 feet, the proposed parking modules should be adequate for maneuvering and centering the vehicle within the space. In addition, as the northwesterly parking area has single direction driving aisles, this should help to eliminate any traffic conflicts. Recommendation Staff recommends that the Appeals Commission recommend approval of the following variances to the City Council: � Staff Report VAR #91-01, St. Philip's Lutheran Church, 6180 Highway 65 N.E. Page 4 To reduce the hard surface setback from 20 feet to 10 feet along the easterly property line along TH 65; to reduce the driving aisle width from 25 feet to 20 feet and 22 feet for two-way traffic; and to reduce the driving aisle width from 18 feet to 15 feet for one-way traffic, subject to approval of special use permit, SP #91-01. Staff recommends that the Appeals Commission recommend denial of the variance to reduce the hard surface setback from a property line from 20 feet to 15 feet along the northerly property line for the northwesterly parking lot. Apneals Commission Action The Coatmission voted unanimously to recommend approval of the variance request to the City Council, subject to approval of SP #91-01. Cit� Council Recommendation Staff recommends that the City Council concur with staff's recommendation. i .. ' • ! F7 � � .� � � g � � I . zw � �� _.._--- . � r � , � ��N AYM �H H � a a N F- U W F- _ U Q Q � a r � � � / �� r°o C. n r � , R ... r' � t $ v �. � � U s c � R � s q .r 7 • � h d a � � � AL7ERATIONS AND ADDITIONS TO ST. PHILIP'S LUTHERAN CHURCH PROJECT DATA: SCOPE: Alterations to the existing buitding interior include the reconfiguration of offices, classrooms and small gathering areas. Overail occupancy and density are not changing. Additions include enlargement of the existing lobby space with the addition of coat rooms and a vestibule, and the addition of a 4200 s.ft. multi-purpose space with accessory spaces including restrooms and a 500 s.ft. kitchen. Site alterations include the removal of an existing parking area and drive located at the northwest corner of the site, with the addition of a parking area north of the building, and the reconfiguration of the entry drive. Existing lots will be restriped and have curbing added where none exists. Weirs will be added at existing points of run-off. Trees and shrubs will be added as shown on the enclosed site plan. SITE DATA: Site Acreage (as measured at property lines or'edge of swamp') Existing building footprint Area of or►e story addition Existing parking spaces Net No. of parking spaces to be added (10 of which are H.C.) � - 6.90 acres - 30,663 s. ft. - 7,921 s. ft. - 251 - 18 :1 �""' Cuningham Suite 100 Minneapolis, �- , Architects PA 210 North Second St. Minnesota 55401 ,. 3 January 1991 Michele McPherson City of Fridley Civic Center 6431 University Avenue N.E. Fridley, MN SS432 Dear Michele, 612-332-0224 FAX: 332fi132�� Enclosed are a site plan and site survey both at 1" = 60' scale, and project data and applications for variances and a special use permit. After reviewing the zoning ordinance and talking with you I can see several conditions where we will need variances. They are: a. Widths of e�dsting parking lots b. Paved area setbacks c. Screening requirements This site plan is preliminary and there may be changes as the project progresses. However, at this point we do not see any financial possibility of altering the size of existing parking lots or moving them (for setback requirements). Parking requirements, according to pew length, are for 254 spaces. The church administration says there is more than enough parking at the present time. The large multi-purpose space being added will be used mostly for after church service activities and therefore should not significantly increase parking needs. Let me know if you reyuire any more information to proceed. Respectfully submitte,Si, � � l Kate Schneider Enc. p:�90�21UA10391 �� 6431 �]IVII?SITY AVEN�E N.E. FRmLEY, 1�1 55432 (612) 571-3450 o� . . •� ii in �} �' _�_' _ • n ci� �_�, t�ii u� � w� v • �;•. PRDPIIrt'Y II�TI�1 - site plan requ,irad fos sukmittals; see attaciyed �S,,;St. Philip's Luthean Church, 6180 Hwy. 65 N.E. Fridley, MN 55432 jp�� ip��• Anoka County, Minnesota Out lots 1& 2 oore a e ig an s � & vacated ser.gl� ' ��i}�,� 4th addition road Q]z2"�rnt zoa�iTrg: R3 Squar� foo�tage/acreage 6.9 acres Reason for varial�oe arid ha�dship: Cost and land constraints Secticaz of City Oocie: 205.16 FEE CJWt�t II�n�TI�i (Oontract R�trhasers: Fee Owners mu.st sign this fo� priar to proo�sinJ) � Bob Brenden � E. Bethel Community School, 21210 Polk Street N.E. Cedar, MN 55011 SIC�ZURE �� i •.•.i :�� i i � �. ��'�!iG /_ �Li _�_ � St. Philip's Lutheran Church �� 6180 Hwy. 65 N.E. Fridley, MN 55432 �p,y�g� pf� 571-1500 SI�URE 'Q DATE � � ! � ! ! �//i...,.��.��iyri f% Lc'.�o e� o�l.�, e�.cJ ------__ �ee: Sioo.00 X $ 60.00 for residential properties Pe�ait vAR # -- l�eoeipt � 3 a'�! 3 Application Y�eoeived by: � ' /! � � Sc�ieduled Appeals Oanaissiosl date: ✓' c� a� � l'I � Sd�ec3uled City Camcil date: � i PIIBLIC HEARING BEFORE THE APPEALS COMMI88ION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, January 22, 1990, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #91-01, by St. Philip's Lutheran Church: 1. Per Section 205.16.05.D.(5).(a) of the Fridley City Code to reduce the hard surface setback from 20 feet to 15 feet and 10 feet; 2. Per Section 205.16.05.D.(4).(b) of the Fridley City Code to reduce the driving aisle width from 25 feet to 20 feet and 22 feet for two-way traffic and from 18 feet to 15 feet for one-way traffic; To allow the interior alteration of the existing building and to allow the construction of an addition of approximately 7,000 sq. ft., on Outlots 1 and 2 and vacated service road, Block 2, Moore Lake Highlands 4th Addition, the same being 6180 Highway 65 N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. � CITY O!' lRIDLEY 71PPBlhLB C01�II[IBBZON 1L8STZ�ia, lSBRII1IRY S� 1991 r`t►T.T TO ORDER: Chairperson Savaqe called the February 5, 1991, Appeals Commission meetinq to order at 7:30 p.m. ROLL CALL: Members Present: Members Absent: Diane Savaqe, Larry Ruechle, Ken Vos, Cathy Smith, Carol Beaulieu None Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planninq Assistant Robert A. Becker, President, St. Philip's Congregation Wesley Grandstrand, St. Philip'B Lutheran Church Brian Tempas, Cunningham Architects Gary Thomton, Desiqner Mary Nelson, 600 Buffalo Street, Fridley, 1rII�1 ,..»� �� ,00, avpFALS COMMTSSION MINUTE�: APPROVAL vr� .�tuvueu�i �� • +--� - - -- O�I TION by Mr. Kuechle, seconded by Ms. Smith, to approve the January 22, 1991, Appeals Commission minutes as written. IIPON !i VOICE VOT$ �]1I+L VOTIN(; 71Y$ � CSl�IRPERSON 8l�Vl�a$ DECLARED THE MOTION Cl�RRZED QNANIMOQSLY. GONS DERATION OF VARIANCE REOUEST, VAR #91-01. BY ST. PHILIP'S �ttmHERAN CHURCH : 1. Per Section 205.16.05.D.(5).(a) of the Fridley City Code to reduce the hard surface setback from 20 feet to 15 feet and 10 feet; 2. Per Section 205.16.05.D.(4).(b) of the Fridley City Code to reduce the drwain�raffic andtfrom 182feeteto 152feetefornone? feet for two y way traffic; To allow the interior alteration of the existing building and to allow the construction of an addition of approximately 7,000 sq. ft., on Outlas54th Addi ion, the seame being 6180 H qhway 65 p�Ere Lake Highlan Fridley, Minnesota, 55432. . �PPEALS COI4IISSION I�ETING. �EBR�I►RY 5 1991 p�GE � O�! TION by Ms.smith, seconded by Dr. Vos, to open the public hearing. IIPON � VOIC$ VOT$, 1►LL VOTING 71YE, CHAIRBBR80W 671VAGE D$CL�IRED THE I[OTION Cl�RRIBD 11ND TSE pIIBLIC SEARINQ OPBN 71T 7 i 32 P.l[. Ms. McPherson stated thc�property is located at the Bouthwest corner of the intersection of West Moore Lake Drive and Highway 65 and on the northeast shore of the west basin of Moore Lake. The property is zoned R-3, General Multiple Family Dwellinq. There is property zoned C-3, General Shoppinq, to the east and north and additional R-1, Single Family Dwellinq, to the north and west of the parcel. The petitioner is also applying for a special use permit to allow expansion of the church facility in an R-3 district, which will be heard by the Planning Commission on February 6. Ms. McPherson stated the first variance is to reduce the hard surface setback from the property line from 20 feet to 10 feet and 15 feet. The areas of encroachment occur alonq the east property line along Highway 65 and on the northwest parkinq area along the right-of-way for West Moore Lake Drive. The parkinq area along the east property line is desiqned and located in Buch a way that it is sandwiched between tiie riqht of way line and the church building. To reconfiqure the parking area to meet the 20 foot hard surface setback would require the petitioner to do extensive reconstruction at qreat cost. In the second area, the petitioner has more flexibility in that the south curb line of the parking area could be moved further south, closer to the normal high water line of the lake. The islands on the public right-of-way could then be expanded to meet the 20 foot setback. The City does not have a shoreline ordinance in effect, which would set the setbacks from the normal high water line. While the DNR has some standards for Betbacks of facilities and structures, they do not have jurisdictional authority to enforce those standards. They are only guidelines. The petitioner would incur Bome expense to reconfigure the parking area; however, it would not be as great as reconfiguring the easterly parking area. Ms. McPherson stated the second variance is to reduce the driving aisle width for two-way and one-way traffic. The parking lot is laid out in a herrinqbone fashion and the driving aisles that are one-way would be reduced from 18 feet to a minimum of 15 feet. The way the site is laid out there is not a qreat deal of flexibility for the parkinq lot to expand to the east or west without reducinq the number of parking stalls or incurring a major expense on the part of the petitioner. This is also true for east parking area along Hiqhway 65. Ms. McPherson stated etaff's recommendation is that the Appeals Commission recommend partial approval of the variance request. � Staff recommends approval to reduce the hard surface setback from 20 feet to 10 feet alonq the easterly propertY line along Hiqhway 65, and to reduce the drivinq acsandwfrom 18 feet to 15 �feetffor and 22 feet for two-way traffi ecial use permit, SP one-way traffic, eubject to approval of the gP 91-01. Staff recommends the Appeals Commission recommend denial of the variance to reduce th � aiine for theenorthwesterly parking 15 feet along the north prope y area. Ms. Savage stated it looked 6tri t�and asked if thisiwould be �a the Rice Creek Watershed d stipulation. Ms. McPherson stated it would be a stipulation that would be applied to the special use permit, which is also contingent on approval of the variance. Ms. Savage asked the current setback from the curb in the northerly section of the parkinq lot. Ms. McPherson stated the setba = aaries between 10 feet and 15 feet depen di n g o n w h e r e i t i s m e a s u Ms. Smith asked if there were islands there now. Ms. Mcpherson stated Bhe believed the site plan indicated there are islands. Dr. Vos asked if this is an existinq condition. Ms. McPherson etated, yes. Ms. Savage asked if what is being proPosed is any different from what exists in the northerly section of the P arking area. Ms. McPherson stated, no, this is being requested to correct a nonconforming status, as part of the building review proposal. As part of the approval process for construction, staff tries to have the propertY come into conformance or process a variance request. Dr. Vos asked how the property came into nonconformance. Ms. Dacy stated she believed ch s�a dards.e In the 1970'B,l the City any district without particular amended the code to permit churches in a residentialirementand required a special use permit. This predates that requ Ms. Smith asked what would need to be done if the request was denied. r . � j►PP$AI,B COMMI68IOZi 1SE�TIZTa, tBDrVMY S 1991 PAG� � Ms. McPherson stated the Bite would need to be reconfiqured to meet the requirements. - Dr. Vos asked if they would have to move south. Ms. McPherson stated, based on the proposed plan, the proposed expansion would provide 269 parking spaces on site. However, the number of spaces actually required would be 296, and staff has some Btipulations on the use of the proposed Fellowship Hall and existing sanctuary such that they cannot be used for separate functions at the same time. The church has indicated in their letter from Cunningham Architects, fncluded in the staff report, that 254 spaces appears to be adequate for their needs at this time. The plan as proposed would meet their needs. Ms. Savage asked if the request for the northerly section is to bring the parcel into conformance with the code. Dr. Vos asked if this is also the case for the easterly parking area. Ms. McPherson stated this is correct. Dr. Vos asked if the aieles are also existinq. Mr. McPherson stated yes. In speaking with the architect, they looked at alternatives for parking but this is the way the site functions best. Dr. Vos asked if there is an exit on the east side. Ms. McPherson 6tated there is, but this exit is proposed to be closed and would be moved. Dr. Vos asked if there would be a new exit and curb cut to the west. Ms. McPherson stated, yes, this is proposed to be new. There is also an existinq entrance/exit. Dr. Vos asked if this lot is also a park and ride lot. Ms. McPherson stated, yes, it is a park and ride lot. Dr. Vos asked if a church had to meet requirements of qreen sgace. Ms. McPherson stated there is a lot coverage requirement for the structure, but the code does not set requiremente for fmpervious surfaces. The church iB within the quidelines for lot coverage as far as the structure is concerned. . ■ Mr. Robert Becker, President, St. Philip's Lutheran Church congregation, stated he understood that the City would l��eS o mSte thinqs right as the City continues to have buildinq Philip's is a mociel of �e �� tfiide will do nothinqt� On the Moving the curb back on 65 and that doinq too east side, there is the ditch and Hiqhway �in much different than they have now will n ould q tl bY incurring different. He was not sure what the City In qreater expense to the church to give the City �°ace.� If you have terms of qreen space, the church has much qreen Bp driven by the church, it is a beautiful and well kept site. The sanctuary will be kept as a model for the community• enseid The see the need to move the curb �oximat ly aS115imillion�. With the building project will cost app economy the way it is, the church would like to have this brought in• The additional exp ense for chanqing the parking lot would be very difficult for the church to do. Ms. Savage stated it appears that the church intends to add landscaping so there would be additional green space. Mr. Becker stated this is correct. Dr. Vos asked, if the curb was chanqed to line, would that mean the island would there would be a green area there? Ms. McPherson stated this is correct. space. 20 feet along the north have to moved back and There is existing green Ms. Smith stated this would have to be moved 5 feet. Ms. McPherson stated this is correct. Mr. Becker stated this would require new curbs and would reduce the nwnber of parking Bpaces. Dr. Vos asked if another curb to the south is to keep the parking lot the same size. Ms. McPherson stated the staff's point of view is that they could add additional parkinq spaces in that area. Dr. Vos asked how much 1 would beeapprox mately 100 feet.to be replaced. He estimated it Mr. Becker stated if they do not build, nothing chanqes. This is an extremely nice facility. The church wants to build to make t nicer, and to incur these costs does not seem to be reasonable. Mr. Kuechle asked if the church has a cross parkinq aqreement with the funeral home across the street. . � ��l��LS COI+II�IiiI�N KE�TIXi. � R Mr. Becker stated they did. By movinq back the entrance to the parking lot, they are saving several problems with traffic at the intersection at Highway 65. Iioving the entrance back will also aake it easier for the City. Ms. Smith asked if the City proposed that they qo to another 5 feet of qreen. � Ms. McPherson stated, yes. Mr. Grandstrand Btated that, with the proposed project, the church would like to do everything that is new in accordance with the City code. There appears to be a larqe part of the existinq site that is unaffected by the construction. The areas they are looking at are areas that will not be changed as a result of the expansion. As a result, their desire would be to leave them as they are from the standpoint that it would add additional cost at this point. When the original structure was constructed, it was in accordance with the code at that time. The acquisition of land along Iiiqhway 65 by the State also puts the church out of compliance. Mr. Tempas, Cunningham Architects, Btated what is proposed is taking areas on the ielands and addinq 5 feet in a space that is over 100 feet in lenqth. Visually you won't see much of a difference other than the landscapinq that will be put on the islands. Another key point is by removinq parking at West Moore Lake Drive and Highway 65, they have taken what was, at best, marginal and improved it. They are replacinq what was parking in that corner with landscapinq. That in their minds was a biq plus for the City. Parkinq has been as it is now for at least 30 years. OM TION by Mr. Ruechle, seconded by Ms. Smith to close the public hearing. �PON A VOICB VOT$ � 71LL VOTING 11YE � CBAIAPERSON BAVl�GE DECIJIRED THE l�[OTION CliRRIED 71ND THS PIIBLZC BEARZNa CLOSED 71T 7 i 55 P.M. Ms. Smith aqreed that takinq out the entrance near Hiqhway 65 is a nice move. This is a bad corner, and there have been great problems as traffic has increased. Alonq West Moore Lake Drive, to move this amount of curbing for 5 feet doesn't make sense. She would be inclined to recommend approval on that and go along with the staff recommendation on the rest of the variance. The property is very well kept. Dr. Vos stated he aqreed. The alternative to move the Bouth curb line is actually moving it closer to the lake. He would rather keep the lot away from the lake. This is not a very advantageous trade off for 5 feet. He would rather keep hard surface.away from the lake for ecological and aesthetic reasons. $ ?E�LS I�II+II88 Ms. Savaqe stated she was concerned also about moving closer to the lake and disturbing wetlands. She did not see thie as a viable alternative. This i6 a condition that was preexistinq and not created by the petitioner. She stated the improvementB are qoinq to be within � ould be inclined �o qrant the va iance.�ance the property. She w Mr. Kuechle stated he qenerally aqreed. Along the east side, maintaining �e ed to theee20 f ot equirem ntlon the north and particularly oppo simply qiving up 8 parkinq spaces. It iB an alternative. � TQ ION by Ms. Smith, seconded by Dr. Vos, to recommend approval of Variance Request, 5� e 9 a d�10 �feetucsuhje t to approval Bofbthe from 20 feet to 1 Bpecial use permit. ZiPON I1 VOICE VOTB. 11LL VOTING 11YE � CHAIRPBRSON Bl1PAQE D8CL71RED '1'S$ KOTION Cl�RRI$D IINl�NIMOOBLY. O�+ TION by Dr. Vos, seconded.by Ms. Smith, to recommend approval of Variance Request, VAR �91-01, to reduce the drivt afficsandwfrom from 25 feet to 20 feet and 22 feet for two-way 18 feet to 15 feet for one-way traffic, subject to approval of the special use permit. IIppN A VOICB VOTE, 71LL VOTII�TG ]1YE� CSl�IRPER80N 671VAG8 DECL1i1RED THE MOTZON CI►RRIED IINANII+IOOBLY. Ms. McPherson stated the City Council would consider th 25 reQu91t and the special use permit request at their February meeting. Dr. Vos asked if the parking lot is etriped at 9 feet. Mr. Tempas stated the parkinq lot is Btriped at 10 feet. �iELSON: Per Section 205.07.03.D.(1) of the front yard setback from 35 feet condition, and to reduce the front feet to allow the construction of Bpace, on Lots 18, 19, 20, and Fridley City Code, to reduce the to 14.5 feet for an existing ard setback from 35 feet to 21 a garage and additional living 21, Block Y, Riverview Heights . � � Community Development Department �� G� DIVISION City of Fridley DATE: February 21, 1991 �%.' ��1 TO: William Burns, City Manager�• FROM: Barbara Dacy, Community Development Director SUBJECT: First Western Development Variance Request Mike Spriggs, Vice President of First Western Equity Corporation, contacted me on Tuesday, February 19, 1991 and requested that the variances be postponed from the February 25, 1991 City Council meeting to the March 4, 1991 meeting. He has still not received the plan amendments from Target. Staff recommends that the City Council table this item to the March 4, 1991 meeting. BD/dn M-91-124 r _ � Community Development Department G DIVISION City of Fridley DATE: February 21, 1991 TO: William Burns, City Manager {�I'�. �� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Revised Comprehensive Sign Plan for 100 Osborne Road N.E. In mid-summer 1990, per Council's direction we began the process to remove the illegal sign currently displayed at Discount Tires, 100 Osborne Road N.E. The petitioner states that the building's current comprehensive sign plan does not allow adequate signage (see attached Exhibit A). The petitioner, with the building owner's approval, has submitted a new sign plan for City Council approval (see attached Exhibits B and C). The proposed sign is an internally illuminated, self-contained cabinet sign which will be attached to the building wall. The area of the sign is 40 square feet, which is less than the 108 square feet that would be allowed by code. All other tenants wishing to install wall signs will have to comply with these standards (at this time, however, Discount Tire is the only tenant with a wall sign) . Staff recommends that the City Council approve plan. All future wall signs for this building against these new criteria and will require th prior approval before a permit is issued. MM/dn M-91-109 the proposed sign will be reviewed e building owner's 1 Joax F. Boxx$a t8ae-lae3 Joarr F. Boxxsa, Ja., RETI$BD Joax F. BoxxEa III BBIAN R. MABTENS MABH W. PEEBY �� A PBOPESSIONAL ASSOGIATION INCOBP08ATED As Joffiv F. BoxxE$ III, P.A. - February 8, 1991 City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Attention: Michele McPherson RE: 110-112 Osborn Road Fridley, Minnesota Sign Permit Dear Ms. McPherson: Exhibit C 10A 74'S PABB PLAC� OFFICE GBNTEB 5775 WexZSxe Bov�vwap MINNBAPOLIB, M7NNE807A SS416 TELBPHONB (6l2) 542-8952 Fa][(6t2) S4Y-17o1 I represent Sun Belt Business Centers, Inc., the manager of the above-referenced property. My client has recently rented space in the building to Discount Tire, Inc. Discount Tire, Inc. has requested our permission to erect a sign on the building adver- tising its services. My client has reviewed the sign and approved it and has authorized me, on behalf of my client, to request the City's approval of this design and placement of the sign. I am attaching to this letter a drawing of the sign which my client has approved, as well as an additional drawing showing the intended location of the sign on the building. I am also informed Tire, Inc., or his in order to obtain 541-0412. that Michael Riefer, Esq., attorney for Discount client will attend any public hearing required sign approval. You can contact Mr. Riefer at Finally, you are informed that the sign which is portrayed on the drawings attached is the only sign currently approved by my client for placement on the property. In the event Discount Tire, Inc. or the City requests changes, my client's approval is, pursuant to the terms of the lease, a necessary pre-condition of placement of the sign on the property. Ms. Michele McPherson February 8, 1991 Page 2 If you have any questions with respect to the foregoing, please feel free to contact me. JFB:jf Enclosure cc: Michael Kiefer, Esq. Sun Belt � • I � � 1_ . � Sun Belt (ZIA Be1t) Business Centers, Inc. Nlat�dz 21, 1983 Mr. Steven J. Olsaci, R S. IIzvir�ntal Offiaer City of FYidley 6431 tfi,iversity Avenue, N. E. Fridley, Miiu�e.sota 55432 � �a Exhibit A 871b Hawkins, N.E. �/� Albuquerquc, Ne� Me�iV � 13 (SOb) 3�b-8829 Management Dlvision 1616 Ilorth 61 Street Omaha, Nebraska 68104 (�02) bbl-$891 Ae: Sign Plan for 100 Osi�oa�e imad, N. E. Fridley, Mi.nnesota Dear Mr. Olson: t �°-� A� J L � �� 4,,� �� C �n�' �'�'� � I am in xeoeipt of your letter, dat�ed Maxc� 8, 1983, xegarding the aUav� menti��ed subject matter. in�en sic,p�ing a new lease on any of our praperties, we sugc�est the follaJing regulations for sign.s on the buildings which in- cludes our 100 Osborne imad pn-�perty : Sic�s should be app�xin�ately 20" x 96" . Zhe sicg� aanpany we have been using throuc� Des Nbines, Iaaa aocr�letes these sic�s with br�nze badcgroimd and imitation gold letter- ing. �is vomparYy will also acld a oanpany logc� for an additional $75.00 per v�lor extra. �he ba_�e sic� �t is $350.00. We would pernu.t the te.nant to uUtain their o�m sign if he keeps it vonsistent with t�e abov� guidelines. EvC/st Fhclosuxe (Sa�le) Sinoerely, n i ��Z� � L ��; ��.t.� aetty J.��'tiancl.eve Vioe President in Qzat�ge of Maizaganeilt I�E�= ��-i ''�E� 1��? L�+ll_C�F'FICE_ � r � � -.�``.�`r- 1" �i � � _� • � _ ! .. ! � -- Z ----.--_,,. �� i � �_ _ ( � ✓ ��_._. '•) � .• f � �I � X' � � ° �!� � � i� �N r i , �' C � . x � �; � � �� ..� � , I �x. � ' , '_I V� x • _ T N � �i0 �' � r'n � _ �:,� �, :� � � ;� ! � �; �ICD �' � ,� � � � �, � v 1 Cy� .i� 7 � _� Exhibit B .. ---� . P.1- ' Post•It'" brand fax transmi:t8' mem0 767'1 '0� �' t..w, p'^ � Z. ` � ' � � in � �, � v� �n �.1.2 r 1 _' �. �. �o. rr., �. c � � vhen� �— . . _ . , .. � �� i c � ; ; i � � •o � � � � �. •- �' � �. � --- --- • � � � � � � � �w �� W �� i1 � �� • • � � E"' � � � W � � � � � � S � � � i��W a � � � !:. � � � W 1 � a � � � � � � � � t �' � � • a -�-,, -, �ti� r� , =�T i ��=, , .-, � - ��j l�J 10E � N M z � iY � W Z Q � N Vf :• � � � � �_ �� r � _ Community Development Department G DIVISION City of Fridley DATE: February 21, 1991 �' TO: William Burns, City Manager� 'P � FROM: SUBJECT: Barbara Dacy, Community Development Director Lisa Campbell, Planning Assistant Consideration of the 1991 Community Development Block Grant Application The proposed 1991 allocation for the City of Fridley in Community Development Block Grant funds is $117,683.00. A public hearing regarding this 1991 CDBG allocation is scheduled for February 25, 1991. Staff, along with the Human Resources and Planning Commission, recommend that $77,848 be committed to the Riverview Heights Project, $38,835 be committed to Human Services, and $1,000 be committed to pay the Anoka County administrative fee. The application is attached for yaur review. Under this funding progosal, the Riverview Heights project is $25,000.00 short of the project cost to acquire the last of the seven properties in the project area. It is possible to trade funds with the City of Coon Rapids. Under this proposal, the City of Coon Rapids would allow the City of Fridley to use $25,000.00 of their 1991 CDBG funds and the City of Fridley would return the funds from their 1992 CDBG funds provided the funds were not eliminated. Staff Request Staff requests that the City Council act to approve the 1991 CDBG application and to authorize staff to trade funds with the City of Coon Rapids. LC/dn M-91-117 11A RIVERVIEW HEIGHTS PARK DEVELOPMENT CDBG PROPOSAL FY 1991 City of Fridley 11B RIVERVIEW HEIGHTS PARK DEVELAPMENT Project Overview The Riverview Heights Neighborhood was designated a Neighborhood Strategy Area on March 8, 1985, and prioritized as one of three primary focus areas for neighborhood revitalization. The neighborhood is located in northwest Fridley alonq the Mississippi River. It is one of the�older neiqhborhoods of Fridley with its original plat dating back to the late 1800's. In April of 1965 and then again in 1969, devastating floods hit a portion of this neighborhood. In 1975 and 1976 the City initiated flood control regulations which regulated those lands located in the flood plain. The neighborhood has two flood classifications--floodfringe and floodway. A majority of the area is classified as floodfringe which allows limited construction provided the flood construction regulations are met. The floodway section allows no construction except public construction as restricted by regulation. This ongoing project involves eliminating residences from the floodplain section of the neighborhood. CDBG Activitv The proposed project includes the continued acquisition and relocation of properties and improvemer�ts in the Riverview Heights flood plain. This year FY 1991 the Fridley City Council has allocated $77,848 to this project. The property to be acquired is shown on the attached map as Parcel 5. Funding Summarv Total 1990 CDBG Project Cost . . . . . . . . . . . . . $77,848 Proiect Duration The project for which CDBG monies are committed will be campleted in 18 months of project approval. Goals of the Project 1. To help remove slum and blight in the area. 2. To create a multi-use park facility to serve the recreational needs of the neighborhood and the community. 3. To better utilize a significant natural resource. 4. To continue to upgrade the total Neighborhood Strategy Area. Proiect Contact Person Lisa Campbell, Planning Associate, City of Fridley, 6431 University Avenue N.E., Fridley, � 55432 . 11C PUBLIC AND HUMAN SERVICE FUNDING CDBG PROPOSAL FY 1991 City of Fridley PUBLIC AND HUMAN SERVICE FUNDING Project Overview 11D The City of Fridley in its effort to provide needed services to its residents is providing assistance to groups who (1) provide service to predominantly lower income people; (2) need funding for facilities, supplies, operating expenses, or staff time, but not construction; and (3) seek CDBG funding which will not substitute for previous regular fundinq from City of Fridley which was not CDBG monies. CDBG Project Activitv The project activity being proposed in this application involves the funding of service qroups who have taken out applications with the City. Applications will be ranked based on the funding priorities of the City and qualifications of the HUD CDBG guidelines are satisfied. Funding Summarv Total 1991 CDBG Project Cost . . . . . . . . . . . . . . $38,835 Proiect Duration The project for which CDBG monies are committed will be completed in 18 months of project approval. Goals of the Project 1. To maximize the benefits to the citizens of Fridley from the limited resources available for public and human services funding. 2. To cost effectively provide public and hwaan services that might not otherwise be provided through the public sector. 3. To provide a means of responding to the changing needs and interests of the community. Proiect Contact Person Steve Barg, Planning Assistant, City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432 -� V- -- ��; iZ\ \. � i `i • ' i _ , _ 3 P'� .-� f� �.� ,' �o� o). 5 K 1 l � 4 4 I . (i' v'�' J' e• `�r � :« ` � _>�_ .f ..:A-..,, , �j1 , �" � � 1 E , ' ' '� •'1 1� � ' E� � .T� � L�$NGFELLOW � ,. •, � �, � '� `i � � � � �- � � ,, y 3 8 - _ � ` 9 f 7 � �; ,s �� !o • _.'.r�1 ��-1�r'�� ) t1 (� J i( (! 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'�,, 1 � o . � . � � ,• ..... ° \ -- ! c �• :.•.;:. � . _� : _ _ ,� � r` � , �f ; , � � '.•�.'�'�• . � Y I s � ' �'!� �I N � a� K� J�I .� ' .= `� �''� 18 l � � � � _ ; �, rr �4 C f r s!' ii. �/ir Z . ` �' "'• ' 1 � ' ►'�v t � � �� Pi..I/ Oiif. ) . � - :=:g�:�:�� • ' (3ic) �' 'r w .i a ,� `� � • � � � � �� r 4 ` �,� �� ..� � (s�J t R �gql } �� •. in; �' � �8 �e� - � � \� �" 9s' . � l�>,r _ '�`'�s�, ''�"' ; �`'�' ' �' <� �88L �A\ . �� ,� �o � �'3 ��, � <s��„ ' `• � Q�,P� � -. �� > yj� � ' , � � ♦ � � < <, ,•'.� L: � \\ �� =3 , 7� `� �, _ � . �`� �+�� '3 v ,, � . . ;. __ < . /, `T 'l, 'i' y' l � �. J � • � I � . � . /�Q� 'I � � J � , � , � �- � . �. � , . _ �6'1� ` ��` ''� 351, � � � � °o'�� \\ , '� �� c. (I�) � ' � p.{ �'L+ .`� • ._ + . Parcel� 5 � 1991 Proposed a � �_ `. �, � �g� � `��`� C=� ' �r g� \` � .. •_ �',,,.�"''' � �.. _ �66� : „� �'�. �, �� ; F �� ) - �;r�,� . Parce! 4 1990 Proposed Acquisition �.,� � � � . �� y'', �"'� �e�l. =; _ �Q� . , �: � �3 � f..:`'� � �'- `-� - � i�� n � �.�'�P' . �� ,,, ,,:-� � � ��, � � 6G (��) �"� 0 :' �,16�. �_` � r•�� A �� ) Y o. � . 7` Y, ±KEY N � ��`� . .;�� f"�✓�� ,.; ,. �esy �> �O �. '�_ �� `��'.`� �, ' � F?� �� Previously Acquired Property \\'' � L"3 ,-.��1 �� %�� \ V �' J � 40 ' 1 � � •e �� \ . �.'. , � ?e� ' �Proposed Acquisitions � � � ,_ _ ��' �, .� � a _� _ �e City Par roQerty \ � � '"", - , C�) � � _ � �. ;;� o � ` , \ `':3 � �' ��. Scals: 1'=200' � � � � �'4 ��.3 \ \ \\ ,.;� �,,� * � a . . - -, \\\ � _ ✓ . , � .\ � 34 Engineeri�g Sewer Waier Parks Streets Maintenance MEMORANDUM A• TO: William W. Burns, City Manaqer �.�� PW91-56 FROM: John G. F1ora,�Public Works Director DATE: February 20, 1991 SOBJECT: Recommendation to Award Contract for the Skid-Steer Loader and Cold Planer On Wednesday, February 20, 1991, public bids were opened for the Skid-Steer Loader and Cold Planer. Four (4� specifications and bid forms were sent out to equipment companies. Three (3j bids were received and opened. Lano Equipment, Inc. was the low bid for $22,790.00 (see attached Bid Tabulation Sheet). The breakdown of the bid was $19,810.14 for the Skid-Steer Loader, $9,179.86 for the Cold Planer and ($6,200.00) trade-in allowance for the 1974 Walden Loader, Unit Number 763 for a balance of $22,790.00. The 1991 Public Works Capital Outlay Budget has $23,500.00 budgeted for the Skid-Steer Loader and Cold Planer. We recommend that the City Council receive the bids and award the contract to Lano Equipment Company for $22,790.00 for the Skid- Steer Loader and Cold Planer. If you have any questions, please let me know. JGF/BN/ts Attachment 12 � � �� BID PROPOBALS FOR SRID-ST$ER LOADER AND COLD PLANER WEDNEBDAY, FEBRIIARY 20� 1991 11:00 A.M. BID TOTAL PLANHOLDER BOND BID COMMENT5 Lano Equipment 3021 West 133rd St. Shakopee, MN 55379 Big Bear Equipment, Inc. 10405 "J" St. Omaha, NE 68127 Aggregate Construction P.O. Box 3094 Des Moines, Iowa 50316 Carlson Tractor P.O. Box 69 Rosemount, MN 55068 5$ 5$ None NO BID $ 22,790.00 $ 24,862.00 $ 29,900.00 12A ,�: . , �GEHL� �_ ��..��!!:: i •� . . _' • ,� �� ii : � r - y �� '. ��.--�� 1 �/��/�� sasaa�r •oEeoae; .s�ai � . I ��5 , . ` � �` r . , .. . f �I \� � C '. _t Z � , � �� ,� W�� yry � aF"��' � � K �/1 F;�� I r . �' j,,, ��.{� /' / t�'i��`'!J� , � . �i�� s ��i � �i "� .!1�— r" ; � ; ii �,,: �i�'. L, �` - _ �,_,, _ ;r.,..,. .. _ . ssa� - t. .. i: . �� •..�•�--��--_ ... , . ..... ^--�-�...��,+ 4. � . �� .,.._..�----�-�--_. --"'"^"�` ;��_ ;. , ;. _.._. , ��\ , . . ` . _ - � 0 �� . -:,. a , ,'` � 'M�-y=�`-=" . �,,� , _'�' � ' ' _ _ ' . - � GROUP Engineering Sewer Water Parks Sireets 'Maintenance MEMORANDUM �� TO: William W. Burns, City Manager �!�'� PW91-55 FROM: John G. F1ora,�Public Works Director DATE: February 20, 1991 SIIBJECT: Recommendation to Award Contract for 1991 Tree and Stump Removal On Thursday, February 14, 1991, public bids were open for the Tree and Stump Removal contract. Fifteen (15) specifications and bid forms were sent to tree or landscaping companies. Two (2) bids were received and opened. Arps Tree Service was the low bid for tree size (see attached Bid Tabulation Sheet). Based upon the number of trees and stumps removed last year, we expect the 1991 costs to be below the $20,000.00 budgeted for the tree removal. We recommend that the City Council receive the bids and award the contract to Arps Tree Service for the 1991 Tree and Stump Removal contract. Please let me know if you need additional information. JGF/BN/ts Attachment 13 / � F�� BID PROPOSALS FOR TREE AND STUMP REMOVAL CONTR.ACT THURSDAY, FEBRUARY 14, 1991, 11:00 A.M. Arps Tree Service 17845 Hanson Boulevard Anoka, MN 55304 Whitesell Tree Service 321 -109 Avenue NW Coon Rapids, MN 0 - 5.9" DBH NOne 6" - 7.9" DBH 8" - 9.9" DBH 10" -11.9" DBH 12" -13.9" DBH 14" - 15.9" DBH 16" -17.9" DBH 18" - 19.9" DBH Per 2" increment Over 20" DBH 0 - 5.9" DBH 5,000 6" - 7.9" DBH 8" - 9.9" DBH 10" - 11.9" DBH 12" - 13.9" DBH 14" -15.9" DBH 16" - 17.9" DBH 18° - 19.9° DBH Per 2" increment over 20" DBH $36.00 �54.00 �75.00 $99.00 $126.00 $156.00 $184.50 $220.00 $30.00 �59.00 a79.00 599.00 a119.00 a139.00 $159.00 $215.80 $238.80 $15.00 13A Engineering Sewer Water Parks Streets Maintenance MEMORANDUM 1�' TO: William W. Burns, City Manager P�` PW91-53 � � FROM: John G. �Flora, Public Works Director '"yj.�%Clyde V. Moravetz, Engineering Assistant DATE: February 19, 1991 8II&7ECT: Tax Forfeit Land in Fridley 14 We have received notice from the Anoka County Land Commissioner of four (4) parcels of land which will become tax forfeit. They are requesting the city�s response to sale by March 15, 1991. Attached are the following materials: 1. List of tax forfeit properties in Fridley. 2. Parcel classification and appraisal forms. 3. Maps illustrating locations of the forfeited properties. 4. Verifications of relating special assessments. Parcels numbered 1 and 2 are in the flood plain and are only fifty (50�) feet wide. Property should be sold to abutting property owner(s) for additional green area purposes. Parcels 3 and 4 are buildable with some creative engineering and planning. Property should be sold for development. Recommend the City Council approve the disposition of these properties at the February 25, 1991, council meeting so that we may respond to the County by the March 15, 1991, deadline. JGF/CVM/kn Attachments � �. � • � �r '�, � 3 14 ` . ,,. . . y� Ii� \ � ` `` '�` • (��r � " ` � � r � . • cRf�E� C � �� '`�� ►°��^� � �, jr - �i !� � � ' 4 � �.� :� � � e `�� i . . .r � � � RE�. 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M� � tr, .T 4 . «,o � r�� r' � . �p ��t� , , �:tt� �� .,�,... � 14C Appraised Sec. or Twp. or Va1ue of Subdivision Lot Block Range Land City of Fridlev r�,p�.fy AUD SUB NO 025 � 3 50. 24 30 24 32 0019 � • Plat 54155 Parcel 1700 Lot 8 Aud Sub No 25, ex E 800 ft 8 thereof, also ex rds subj to ease of rec � 51. 24 30 24 32 0020 Plat 54155 Parcel 1850 Lot 9 Aud Sub No 25 ex E 800 ft 9 thereof ex rds subj to ease of rec RIVERVIEW HEIGHTS / 52. 03 30 24 32 0120 Plat 57593 Parcel 5363 02 River View Heights City of Fridley 32-33 W Lots 32 8� 33 Blk W River View Heights 53. 03 30 24 32 0155 Key 839917 Lots 9& 10 Blk N River View Heights 9-10 N subj to ease of rec -19- . Porcel Information to Classify and App�oise Tax Forfeit Lond City or Township of Fridley Parcel Plt�l �/ 03 30 24 32 0120 Description: River �ew Heights City ot Fridley Lots 32 8 33 81k W River View Heights Geoyrapliic Locof ion: This approximately 50' x 120' rectangular {ot Is lxated on the south side oi Dover Street just west of Broad Avenue. Pleose complete the following informotion by answering all applicoble queslions. I. Is il�e parcel buildable or unbuil�oble? Buildable with variance approval. Not recargrended. (If your answer to �l ( is buildable, skip questions 2, 3, 4, S and go to 6). 14D 2. lf tlie p��rcel is un�uildable, pleasc list tl�� re�s�ns it is unl��ildal�lc�. In mul<iny the determination you can consider sucl� th�inys as noncompliance �vith (ocal ordinances governing minimum areo, sliape, fror�tage or access, and tl�e condition of tl�e soil. Flood plain and only 50' wi.de — 2-25' lots 3. 1f the parcel is unbuildable, do you recommenci comL,ining it ��i1t� on e!�ufting forfeif parcel (if there be one) to ma'�c a buildable lof? No, canbine with abutting parcel for green area purposes. 4. (f your ans�ver io 113 is yes, indicoie "•liicl� porcel on tl�e li�t. Page 2. 14E S. If the parcel is unbuildable, do you recommend selling it to the abutting fandowner? Yes, recamierr3 selling one lot to 520 Dover ar�l one � 640 Dover. (Abutting properties) or all to one of the�n. 6. What is the current zoning of the forfeit parcel? 1�1 Single Fa¢nily 7. Are there any buildings on the parcel'' If so, whaf type ond whof is their present condition? No 8. Do you have an appraised voli,e on the porcel? If so, wF,ct is it? Yes, $3,300.00 as unbuildable 9. Does the City or Township �-ant an easernent over tl�e parcel'' � 10. Any other information you may feel wou{d be hefpful. If property is sold, insure buyers that property may not be buildable w�der present City ood�es. I I. Name and title of person who completed the questionnaire. Clyde V. Nbravetz, F�gineering Assistant Thank you for providing the information. Please return to: Gene Rofferty Land Com�nissioner Anoka County Couri House 325 East Nlain Street� Ano�a, MN 55303 42 I -4760, Ext. 1879 , Parcei Information to Classify ond Approise Tax Forfeit Lond City or Township of Fridley Parcel Pli� �J 03 30 24 32 0155 Description: Lots 9� 10 Blk N River View Heights subj 10 ease ot rec Geoyrapliic Loco1 ion: This approximately 50' x 125' rectangular tot is located on the north side ot 791h Way N.E. �ust east oi Broad Avenue. Pleose complete the following information by answering all applicable questions. I. is tlie parcei buildable or unbuildable? Buildable with variance approval. Not recamn�nded. (If your onswer to �l l is buildable, skip questions 2, 3, 4, S and go to 6). 2 1 2. lf ihe pc�rcel is un�uildoble, pleosc list 11�� reusc�ns it is unl�uilclat�lc�. In mul<iny the deiermination you can consider suc}� tl�inys as noncompliance with local ordinances governing minimum ❑rea, sl�ope, irorifage or access, ond ii�e condition of tl�e soil. Flood plain and only 50' wide — 2•25' lots. 3. lf the porcel is unbuilda�le, do you recommenci corl��ining it �+�iil� on ebutfi�ig forfeit parce) (if there be one) to rria'<c o b��ildoble lot? No, canbine with abutting paroel for g�een area pui�poses. 4. If you� answer to 113 is yes, indicate .•:hicli porcel on 1he 1i;t. Page 2. 14G 5. If the parcel is unbuildoble, do you recommend selling it to the abutting landowner? Yes, recamtiend selling one lot t�o 541 & 571 79th Way. (Abutting awners) or all to o¢ze of th�.m. 6. What is the c�rrent zoning of the forfeit parcel? R-1 Sirigle Family 7. Are there any buildings on the parcel'' If so, what type and ��hat is their presenf cond i t ion? ��C•7 8. Do you have on appraised volue on t1�e porcel? If so, wl-�ct is it? Yes, $3, 300. 00 as tuzbuildable 9. Does tlie City or Township want an ease�nent over the parcel". No 10. Any other information you may feel would be helpful. If property is sold, insure buyers that property may not be buildable urLder present �ity oodes. {{. Name and title of person who completed the questionnaire. Clyde V. Nbravetz, F�gineering Assistant Thank you for providing the information. Please return to: Gene Rafferty Land Com��issioner Anoka County Courf House 325 East 1Jloin Street Anoka, M�J 553�3 42 I -4760, Ext. 1879 � Parce! Information io Classify and Appraise Tax Forfeit La�d City or Township of Fridlev Parcel Pli� �/ 24 30 24 32 0019 Description: Lot 8 Aud Sub No 25, ex E 800 ft thereof, also ex rds subj to ease of rec Gcoyraphic Location: �Includes highway right�f—way & turrsback This approximately 89' x 1 Z00' strip is located behind the Western Ridge Eslates Condos on Hillwind Road. This is near the N.B. exit ramp trom 69410 Highway 65. Please complete the following information by answering all applicable quesiions. 1. Is tiie porcel buildable��i�b{�? With sccne creative and costly engir�eering. ({f yo�r answer to �l 1 is buildable, skip question5 2, 3, 4, S and go to 6). 2. If tl�e pc�rcel is unUuilda�le, plcase list tl►c� reus��ns it is unl>uilclal>I�. I�� niuki�iy the determination you can consider sucf� tf�inys as noncompliance �vitf� locol ordinances governing minimun, orea, s}�ape, fro��tage or occess, and 11�e condition of 11�e soi I. 3. If ihe parcel is unbuildable, do ��ou reco��mencf co�»l�ininq it „•iil� an e��utti�,g forfeit parcel (if there be one) io mo'�c o b��ildoble lot? 4. If your answer to i/3 is yes, indicate v:hicl� pc�rc-el on the li>t. � i 141 Page 2. 5. If the parcel is unbuildable, do you recommend selling it to the abutting londowner? 6. What is the c�rrent zoning of the forfeit parcel? I�1 and &-3 Single arr3 Multi—family 7. Are there any buildings on the parcel'' If so, what type ond whal is iheir present condition? 0 8. Do you have an appraised value on the parcel? If so, what is it? Yes, $27,000.00 9. Does the City or Township want an easement over the pa� cel' , Develogn�it plans will dictate if any easements are required.• 10. Any other information you may feel would be helpful. Buyer should inspect pr�nises prior to buying property. I I. Name and title of person who completed the questionnaire. Clyde V. Nbravetz, Engineering Assistant Thank you for providing the information. Please return to: Gene Rafferty Land Commissioner Anoka County Court House 325 East Main Street Anoka, MN 55303 421-4760, Ext. 1879 � 1 Parcet Information io Clossify ond Appraise Tax Forfeit Land City or Township of Fridley Parcel Pli� �l 24 30 24 32 0020 Description: Lot 9 Aud Sub No 25 ex E 800 R thereof ex rds subj to ease oi rec Gcoyru��l�ic Locot ion: Includes higYiway rightrof�way & turnbacJc This approximately 82' x 11�strip is located behind the Western Ridge Estates Condos on Hiilwind Road. This is near ihe N.B. exit ramp irom 694 to HiBhway 85. Pfeose complete the following informotion by answering all opplicable quesiions. I. Is tlie parcel buildable '+ ? With sane creative and costly engineering. (If your answer to �/ I is buildable, skip qvestions 2, 3, 4, S and go to 6). 2. If ihe parcel is un�uildoble, pleasc list tl« reas��ns it is ur�t>��ilclnl>Ic�. In m�kiny the determinotion you can consider sucl� fl�inys as noncompliance wifl� local ordinances gover��ing minimum orea, st�ope, frontoge or occess, ond liie condition of if�e soil. � 3. If the porcel is unbuildable, do you recommenci co�»l�inin� ii �+�iff� on e►�ufti��g forfeit parcel (if there be one) to mo'�c a builda�le loi? 4. lf your answer to 1/3 is yes, indicote �•:I�icl� p�r�el on the Ii:1. Page 2. 14K S. If the parcel is unbuitdabie, do you recommend selling it to the abutting (andowner? 6. Whot is the current zoning of the forfeit parcel:' �1 & R-3 Single and Multi-family 7. Are tFiere any buildings on the parcel' If so, whot type and what is their present condition? 0 8. Do you have an oppraised value on the parce!? lf so, whai is it? Yes, $17,900.00 9. Does the City or Township ��ont an easement over the pa*cel'. Building plans will dictate what ease�ents will be required. � 0. Any other information you may feel would be helpfui. Buyer shr�uld inspect preqnises prior to buying property. I(. Name and title of person who completed the questionnaire. Clyde V. Maravetz, F�gineering Assistant Thank you for providing the informotion. Please return to: Gene Rafferty Land Commissioner Anoka County Court House 325 East tJloin Street Anoka, MN 55303 � 42 I -4760, Ext. 1879 Fridley VERIFICATION OF SPECIAL ASSESSMENTS PIN 03 30 24 32 0120 Before Forfeiture Amount After Forfeiture Amount Date of Forfeiture 10-17-78 �, _ . � � • Special Assessments Not Previously Certified Watershed District 14L We ask that you enter the amount of special assessments by category on the captioned parcel. If there are none, please enter a zero. {f you nasd to verify the amounts, please contact the Special Assessments Clerk at extension 1129 in the Property Records and Taxation Office. If your municipality or township has not previously certified special assessments on a iorfeit property, you should now certify them to the Property Records and Taxation Office, and enter them on the line, "Special Assessments Not Previously Ce�tified." �%;�'F� 7"..�'" Improvements before forfeiture should include principal and interest up to the date of forfeiture and all deferred installments of principal. improvements after forteiture should include only the total principal amount. MS 282.01 Subd. 3 requires improvements made after forfeiture to be considered by the County Board in setting the appraised value for safe purposes. The apportionment of proceeds after sale is done in accordance with MS 282.08. (Seal) . /�4 a��c- Clerk of Townsh' , Munici ali or Watershed District ,�-�3-yi Date z Fridley VERIFICATION OF SPECIAL ASSESSMENTS PIN 03 30 24 32 0155 Before Forfeiture Amount After Forfeiture Amount �_ � Date of Forfeiture 10-17-78 Special Assessments Not Previousiy Certified Watershed District 14M We ask that you enter the amaunt of special assessments by category on the captioned parce{. If there are none, please enter a zero. � If you need to verify the amounts, please contact the Special Assessments Clerk at extension 1129 in the Property Records and Taxation Office. If your municipality or township has not previously certified special assessments on a forfeit property, you should now certify them to the Property Records and Taxation Office, and enter them on the line, "Special Assessments Not Previously Certified." Improvements before forfeiture should include principal and interest up to the date of forfeiture and all deferred installments of principal. Improvements after forfeiture should include only the tota4 principal amount. MS 282.01 Subd. 3 requires improvements made after forfeiture to be considered by the County Board in setting the appraised value for sale purposes. The apportionment of proceeds after sale is done in accordance with MS 282.08. n /�/i � �� Y�1iL�c /�CC ��.��v Clerk of Tow hip, unici a or Watershed District (Seal) a - /3 - y/ Date Fridley VERIFICATION OF SPECIAL ASSESSMENTS PIN 24 30 24 32 0019 Date of Forfeiture 8'29-90 Before Forfeiture Amount 9. After Forfeiture Amount � Special Assessments Not Previousiy Certified Watershed District 3 14N We ask that you enter the amount of special assessments by category on the captioned parcel. If there are none, please enter a zero. 1f you need to verify the amounts, please contact the Special Assessments Clerk at extension 1129 in the Property Records and Taxation Office. If your municipality or township has not previously certified special assessments on a forfeit property, you should now certify them to the Pro�erty Records and Taxation Office, and enter them on the 1ine, "Special Assessments Not Previously Certified:' Improvements before forfeiture should include principal and interest up to the date of forfeiture and all deferred installments of principal. Improvements after forfeiture should include only the total principal amouni. MS 282.01 Subd. 3 requires improvements made after forfeiture to be considered by the County Board in setting the appraised value for sale purposes. The apportionment of proceeds after sale is done in accordance with MS 282.08. � � , 2t/1 �C-li. �a--��- Clerk of Towns ip, Munici a or Watershed District (Seal) �, /.3- 9/ Date I Fridley VERIFICATION OF SPECIAL ASSESSMENTS PIN 24 30 24 32 0020 Date of Forfeiture 8-29-90 Before Forfeiture Amount After Forfeiture Amount .� � Specia{ Assessments Not Previously Certified Watershed District 140 We ask that you enter the amount ot special assessments by category on the captioned parcel. if there are none, please enter a zero. lf you need to verify the amounts, please contact the Special Assessments C{erk at extension 1129 in the Property Records and Taxation Office. If your municipality or township has not previously certified special assessments on a forfeit property, you should now certify them to the Property Records and Taxation Office, and enter them on the line, "Special Assessments Not Previously Certified." Improvements before forfeiture should include principal and interest up to the date of forfeiture and a11 deferred installments of principal. Improvements after fo�feiture should include only the total principal amount. MS 282.01 Subd. 3 requires improvements made after forfeiture to be considered by the County Board in setting the appraised value for sale purposes. The apportionment of p�oceeds after sale is done in accordance with MS 282.08. � , � li. �� Cierk of Town ip, Munici a1' or Watershed District (Seal) �} —/3- 9/ Date EnginCering Sewer Waler Parks Streets Mainlenance MEMORANDUM /� . TO: William W. Burns, City Manager''� PW91-54 T FROM: John G. F1ora,�Public Works Director DATE: February 20, 1991 SIIBJECT: .5 MG Water Tar►k Painting/Altitude Valve and Vault Installation Project No. 212 HNTB has prepared the plans and specifications for the .5 MG Water Tank Painting/Altitude Valve and Vault Installation Project No. 212. In order to coordinate the planning and improvements to the .5 MG tank with the online installation of the 1.5 MG tank, we should have an early bid so the contractors can coordinate the various construction activities. Recommend the City Council approve the advertisement for the .5 MG Water Tank Painting/Altitude Valve and Vault Installation Project No. 212. JGF/ts Attachment 15 • r '� � 15A ADVERTISEMENT FOR BIDS COMMONS PARK WATER TOWER REFLJRBISHING PROJECT NO. 212 CTTY OF FRIDLEY FRIDLEY, MINNESOTA Notice is hereby given that the City of Fridley will receive sealed bids at the Civic Center, 6431 University Avenue NE, Fridley, Minnesota unti111:00 A.M. on the 27th day of March, 1991 for Commons Park Water Tower Refurbishing. The project consists of: - Repair of an existing 500,000 gallon, legged water tower. - Sandblasting and re-painting of the water tower. - Installation of a hydraulically-operated altitude valve in a. vault. - Watermain modifications. - Related items of construction. Plans, specifications and proposal forms are on file at the Fridley Civic Center, 6431 University Avenue NE, Fridley, Minnesota and may be obtained from: Howazd Needles Tammen & Bergendoff 6700 France Avenue South Minneapolis, NIN 55435 Plan purchase price is �25.00 for each set of plans and specifications. There will be no refund of the purchase price. ��' 1 15B The City of Fridley requires that all bids give unit cost, extensions and totals. Any errors made in bids shall be the sole responsibility of the bidder. Firm starting and completion dates must be stated in the proposal. The bid shall be enclosed in a sealed envelope conspicuously marked Bid-Commons Park Water Tower Refurbishing. Bids will be received until 11:00 A.M. on the 27th day of March, 1991. No bids will be accepted after this time and date. Bids received late will be returned unopened to the bidder. Bids received not marked or not sealed will also be returned unopened to the bidder. Bids will be opened at 11:00 A.M. on the 27th day of March, 1991. � All bids shall be accompanied by a Certified Check or Bidder's Bond in an amount not less than 5% of the total amount of the bid, payable without conditions to the City of Fridley and shall be forfeited if the bidder neglects or refuses to enter into a contract after his/her proposal has been accepted. Casluer Checks, Personal Checks, Company Checks or Money Orders Will Not Be Accepted. The City of Fridley reserves the right to waive informalities and/or technicalities in any bid, and to accept any/or reject any bid it deems to be in its best interest. Any questions regarding the plans and specifications or addendums, thereto, should be directed to: Thomas A. Roushaz Howard Needles Tammen & Bergendoff 6700 France Avenue South Minneapolis, MN 55435 (612) 920-4666 �s/ John G. Flora Public Works Director City of Fridley �'�►? FJe:131033 EnglneerVng Sewer Water Parks Streets Maintenance MEMORANDUM �' TO: William W. Burns, City Manager� �� PW91-34 FROM: John G. Flora,�Public Works Director Dl�T$: February l, 1991 SIIBJBCT: Water Ban The City Water Department is still keeping Well No. 9 out of our primary pwaping operation and maintaining it only as an emergency resource based upon the higher levels of TCE readings. While Bruce A. Liesch Associates continue to monitor the TCE concentrations, we do not foresee a major change occurring this summer. Also this summer, we will be completing the 1.5 MG elevated tank and repairing the .5 MG tank. Accordingly, there can be a time where water quantities could be suspect. Environmentally, there is a group that feels everyone should be doing what we can to maintain the aquifer and reduce withdrawal of this limited resource. Accordingly, it would be appropriate for the City to establish a water ban in accordance with Ordinance No. 402 for the summer of 1991. My recommendation would be that we implement the same system as we did last year of no lawn sprinkling between the hours of 12:00 p.m. to 8:00 p.m. daily. As this period will eliminate the need to pump water during the major energy periods, and would also reduce the loss of water through evaporation and still provide for economic watering of lawns in early morning hours and evening hours of the day. Recommend the City the summer of 1991 September 15, 1991. JGF/ts Attachment Council consider establishing a water ban for effective April 15, 1991, and continuing to 16 I �� • 16A RESOLIITION NO. - 1991 !1 REBOLIITION B8TlillBLIBHING A 1fAATER CONSERVlrTION pR0(iRAM FOR THE BIIMMER OF 1991 IIHEREAB, Fridley Ordinance Chapter 402, Water and Sewer Conservation establishes the procedure for a Water Conservation resolution, and 11HEREAB, the metropolitan area has been under a drought condition for the past few years, and WBEREl�B, the City does not plan on using Well No. 9 as a primary source, and 1I88RElr8, the City has a limited well production capacity, and WHEREAB, this summer's moisture conditions cannot be determined at this time, and WBEREAB, lawn sprinkling is a major water user. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that a Water Conservation Program is established for the period of April 15, 1991, extending through September 15, 1991, and BE IT FIIRTHER REBOLVED, that during this period that a daily lawn sprinkling ban is effective for the hours of 12:00 p.m. (noon) to 8:00 p.m., and BE IT FIIRTHER RESOLVED, that this Water Conservation Program may be amended or terminated as the summer conditions are experienced. PASSED l�ND PiDOPTLD BY T8E CITY CODNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF FEBROARY, 1991. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK Engineenng Sewer Water Parks Slreets Maintenance MEMORANDUM . TO: William W. Burns, City Manager�;�'' PW91-38 FROM: John G. Flora, Public�Works Director Mark A. Winson, Asst. Public Works Director f'M''`� DAT$: February 4, 1991 BIIBJECT: Resolution for Miscellaneous Concrete Curb, Gutter and Sidewalk Project - 1991 Attached is the resolution ordering improvement, approval of plans and advertisement of bids for Miscellaneous Concrete Curb, Gutter and Sidewalk Project - 1991. This resolution is being provided for execution by the City as mandated by State laws. This project covers the remedial sidewalk, curb repair and replacement in the City whether due to utility repairs or to driveway entrance permits. The contract documents have been modified to include penalties for delays in work to avoid problems with the 1990 contract. Recommend the City Council approve the attached resolution. JGF/MAW/ts Attachments 17 � ��l�l( �� • � 1991 � �� '1:.-:• I • •"��':,1' � f ��:�I'� :Is I;t� "�;' : U: 'I:r •' i� •�:,i• ws i:,� •i� �: a�:a i:,•l�c •r N•�' �li•�: rl :,�• i� : n s r. �AS� thE �riiCtl�'1 Of O�Y'td1l'1 ll1�7�1'+�VQilIP11tS 1S C�[12� t0 � �Tl tl'1e irrterest of the City of FYidley arid the property vwr�rs affec,-t�ed th�ex�eby. rioW, �+oa�, B� IT 1�JLVED by the City Oan�cil of ti�e City of FYidley, Ar,oxa Oo�uYty, Minnesata as follcyw5: 1. Z�at the followir�g impravame�ts pra�osed by Oauycil R�olutiarLS are hereby oYdesed to be effectsd anci a�pleted as required: i�maval ani replaoeaoem of misoellaneaLS vorrc�te cuzi�, gutter ar�d sidewalk. 2. 231e plans ar�d s�ecificatia�s pr�ared by the Public Works Director for suc3�i inprave�ments are i�ereby approved ar�d shall be filed with the City Clerk. �e Public Works Direct.or shall a000rdir�gly prepare and cause to 1�e i,nserted in the official newspaper advertisemer�ts for bids upcxi the nakii�g of s�x�h iaQrovenerrts wxZer s-�x� apprwed plans ar�d snecificatioa�s. �e hall be publist�ed for three (3) w�eek.s (at least 21 days) , ar�d shall s�ecify the w�rk to be do��e ar�d will state that the bids wi.11 be apex�ed a�d ooa�side�red at 11:00 a.m. MARCS 20, 1991, ar�d that no bids will be oonside.red w�less sealed ar�d filed with the Public Works Direct.or. Zhat the adverti.sm�ent for bids for li�1VAL A1�ID �T� �' COii�, C�1�R ArID SID� — 1991 shall be subst.antially in the statx9ard form. PASSED AI�ID ADOPl'ID B7t '� CITY 00[AaCIL �' '� CITY OIF' FRIDLEY '1�II8 25Z8 �lY 0� FEB�II,RY, 1991. WIIZTAM J. NEE — l�,Y(S2 A'1'PF�T: S'��L.� A. HAAPAI�i — Qi'Y CCII2K • M" • : �� '�'•' '1's • • � �� V:il' ' M's I:H •1' �: a:,� i:,� ��: •• w•�- �ii•c r� :,�• , �� n�s"r. 17B Sealed bids wil.l. be r+eoeived and publiclY cypex�ed bY the City of FYidley, Anoka Qamty, Mirn�eso�t.a, at tiye offioe of the Public Works Direc.-tor, 6431 University Aveirue N.E. , Fridley, Mir�esata, 55432 (Z�e1. 571-3450) an � 20, 1991, at 11:00 a.m. , for the furnishir�g of work ar�d materials for I�L A1�D ��TP 0�' �'I'E C�B� �VI't'ER� lli�ID BIt�. 2, 000 Lin. Ft. Misoellarieo�u.s Qo[x�rete Curb &(�ltter` Remvval & Re�laoe�nerit 2, 000 Sq. Ft. �tnx.�t 5 ft. wic3e x 4 ir�c� sidewalk 100 Lin. Ft. Qor�+ete Valley Gutter All in aaoordanoe with plar�s and specificatio�r� prepared by Jchn G. Flora, P.E., Public Works Direct�or, �Yidley City Hall, 6431 University Avern�e N.E., FYidley, N�T, 55432 (Te1. 571-3450) . Plans ar�d specificati�s may be exa�miried at the offioe of the Public Works Director ar�d oopies may be obtained for ti�e �tractor's indivictua7. use by applyiryg t� the Public Works Directflr. Bids mLSt be made aaz the basis of cash payment for wnrk, and aooa[�anied by a cash cleposit, oertified c�k (ori a resp��sible bank in the State of Minnesota) or a bidder's boc�d m�e payable withaut �ar�ditioa�► t� the City of FYidley, l�T, in an amncxuYt of not less than five (5�) per oent of the tatal a�munt of the bid. �e City Qour�cil reseYVes the ri�t to reject any and all bids ar�d to waive arYy informalities in ariy bids x�eoeived without explanatiori. No bid may be withdrawn for a period of thirty (30) days. By order of the City (b�u�cil of the City of Fridley, Mi�o�ta. Dated the 25'IIi day of FEH�RY, 1991. Jd�n G. Flora, P.E. PtJBI�C W�S D� PublisYLed: �idlev Fbc�.s �tructiaai Hulle�tin FebYVary 27, 1991 Marc� 1, 1991 Marc3z 6, 1991 Mat� 8, 1991 Mam.h 13, 1991 Mazr,il 15, 1991 Engineenng Sewe� Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager ��I•p� PW91-51 , �. FROM: John G. Flora,� lic Works Director Mark A. Winson Asst. Public Works Director DATE: February 20, 1991 SII&7ECT: Resolutions Ordering and Receiving Preliminary Plans, Specifications and Estimates and Calling for a Public Hearing for Street Improvement Project No. ST. 1991-2 The first resolution orders the preliminary plans and specifications for Street Improvement Project No. ST. 1991 - 2 which is the widening of 73rd Avenue from Symphony Street to Baker Street. This project will include the widening of 73rd to 50 feet, construction of a bikeway along the south edge of 73rd Avenue, a bikeway through the Target Distribution Center property and construction of bikeway along the west side of University Avenue from 73rd Avenue to Community Park. Also, a minor portion of the proj ect will be the grading and paving associated with the Fire Training Facility to be constructed adjacent to the Columbia lce Arena. The reconstruction of 73rd Avenue is a portion of the 1991 Capital Improvement Program. Funding for the 73rd Avenue construction will be primarily from assessments and MSAS funds. The northerly one- half of the street improvement is the City portion of funding is programmed at $100,000.00. The second resolution receives the preliminary plans and calls for a public hearing on the improvement for March 4, 1991. Request the City Council approve the attached resolutions. JGF/MAW/kn Attachments i i r '' � . � �U. - 1991 •�s: • � • •;•�� :�• � • •�:,� i n � •♦ • sw�' v • i� J' � I' �'r_ •I" �.I: •� . �.I:r�'lJ�I" 'I;il I I• '�• •"s I:N � J � r�aw, �, � rr �oLV� � the city oa�rycii of the City of Fridley as follvws: 1. Z�at it appears in the ir�terests of the City and of ti'e praperty cwnei's affec,-�ted that tt�x�e be construc.�ted certain inQ�ov�ments to-wit: Street iaiprove�x�ts, includin4 9��4, stabilized base, hat�nix bitxmmi.naus mat, ooncrete curb arcl gutter, sid�walks, bike�ray, water ar�d sanitaxy sew�er servioes, stonn sewer systesa, lar�dscapir�g, ar�d o�t2yer facilities located as follcws: 73RD AVEI�IJE, N.E. (1�18 1�U. 307) 87�1Y BTRE�'P 'ln Bi�i�R BTRELT That the w�rk involved in said inQrove�ner�ts listed above shall hereafter be desiqnated as: 8'1�EP II�'IiOVII��T!' p!m►TBL`I' �D. 8T. 1991 - 2 2. That ti�e Public Works Direc�tor, Jd�u�► G. Flora, City Hall, Fridley, Minnesota, is hereby authorized azri direct�ed to draw ti�e prel;m;,,�„v plans ar�d specifications ar�d to tabulate the results of his estimat�es of the oosts of said i�rovements, incluairyg every iten► of c�ost fran inoeptiari to vanpletion ana all fees ar�d exper�ses incurreci (or to be irrcurred) in oonrc�ecti� ti�erewith, or the fin�ncirg th�ex�eof, ar�d to make a preliminary report of his fir�dir�gs statir�q therein wheth,�x said improveqnents are feasible arid whether they can best be macle as Pr�oL�osed� or in oonnectioai with some ather iaiproven►ents (ar�d the estimated cost as reoa�ed) , includirx� also a description of th�e land.s or area as may receive benefits therefi:�cm a�d as may be prq.�ed to be asses��ed• 3. That said preliminaxy report of the Public Works Direc,�tor shall be furnished to the City Oa.u�cil. _ -�a�� • • :�� r:r �a •� u w� •i- ti:r w •i- • �� :� : r: +� •�� i �- • ►� •� WILLIAM J. AiEE� MAYOR AZ'I�'ST: �r r� � M � �• �� . - 1991 19 -�:,�_. � . •�s«:,i � . �:i: • •�:,� � �� -. •�:�•.�-� �� ... � '.;• • u:� :Ir• • / • r� •.4: • �:1: r� �:,1• •I" �:IC •�' •_ �•11 •� •i' M�i•JV• � 1 1' • � • 's I:H : Y'J:il' 1 1• '�• ' `s i:N •�• :r • WI�F2IIsi8, Resolutiori No. -1991 ac'�opt,ed oaz the 25th day of Febn�axy, 1991, by the City Qau�icil, orc�ered the prel�minar'Y Plans, specificaticns ar�d estimates of the oosts thereof for tiye imprwe�nents in this project• W�s, the ooazstructioai of oertain impravesnents is d�ed to be in the interest of the City of Fridley aril the praperty vwr�ers affec,-t�ed tiyereby. N�, �, BE ZT R'F�I,VED, by the City ocxn�cil of the City oi FYidley as follows: l. 'II�cZt t'hE prnliminarv �prt �ittred bj� JOhTI G. FlOrd� R]Uli.0 WOY�cS Diracfior, is hereby reoeived ar�d aooeptsd. 2. Zi�at the City Clerk shall act to asoertain the riame ar�d addres.s of the vwner of each paroel of larxi direct,ly affectsd or within the area of laryd.s as may be prq�osed to be assessed for said improve�ner�ts, and calculate estimates of as may be propo�ed relative thereto against each of said lands. 3. �at the area px�q�o�ed to be asses�sed for said improveqner►ts ar�d eadi of the�n as nated in said rative are all the lands ar�d areas as r�tsd in said n�tioe: All of the svne to be assessed praportionately a000rdiryg to the benefits reoeived. ' 4. 'Ihat tt�e estimates of assessnents of the Clerk shall be available for inspec�tioal to the awner of ariy paroel of lar�d as may be affect:ed therpby at any public hearing held relative thereto, as wp11 as at arYy prior time reasor�able ar�d �venient. 5. Zt�at the City Clerk is authorized and direct.ed to give natice ti�reof in the official newspaper of the City of Fridley an�`by maile�d r�atioe tA all the praperty owners wt�e praperty is li.able to be asses�sed with the making of these iaQrove�m�nts avoording to law, atcii natioe to be subst.antially in the form ar�d substar�oe of the natioe attac�ied h�ereto as E�ibit "A" 6. Z3�at this Qau�cil meet ori the 4th day of Marc3�, 1991, at 7:30 p.m. at the FYidley Mw�icipal Center Oo�u�cil Q�ambets at 6431 University Ave. , N.E. , Fridley, N�T, for the puYY�ose of holdiryg a public h,earir�g oaz 't21e improvecnPnt r�at�ed in the Notioe attadled i�ereto azri made a part thereof by referer�, E�ibit ��A" . Y]I� I� ��• ' ]1� L:I: M •��11 M� •I' �:1' M •1' ' �� 6:� = �: �` ��- ]I: I � '� WII�TI�M J. NEE - I�Y�2 ATl'F�ST: SHIl2I�Y A. i�1APAIA - QTY QIItiC �+44 •�" x; �ii�:.i� c�:�:u• • �: •�• :�:� • � • � i• •.• � s i:� 8�I�3' II�i�OpH�I@A' pimJHCT I�U. 8T. 1991 - 2 19A 1�8, the City Gbtu�cil of the City of Ftidley, Ar�oka QoutitY� Mirn�sota� has de�me�d it expedie.nt tA reoeive eviderroe pertairw�g t�o the i�rav�aaex�ts hereinafter c�escx'ibed. I�7W, �, 1�UTI(� IS �Y QIpEN Ti�T cn the 4th day of Marc�i, 1991, at 7:3o p.m. th� City Oaur�cil wil.l meet at the Fridley Municipal Oeritrer Qaur�cil C�ambers, 6431 University Ave. , N. E. , Fridley, NIld, ar�d will at said time and plaoe hear all parties interested in said inQrwaaents in whole or in part. 'IIle general nature of the inQrove�nex►ts is the oorLStnicticri ( in tiye lar�d.s at�d streets noted belvw) of the follvwirx� inQrovemexits, to-wit: •• -� � ��4�� Street i�rov�e�rts, in�clud�xycJ 9�nJ� stabilized ba.se, hot-�nix bit�unir�a�s mat, ooncrete curb ar�d gutter, sidewalks, bikeway, storm sew�er systeqa, t�rater and sanitarY sew�r. lar�d�Pux�. ar�d atl�e.r facilities located as follvws: STRE�� II�dVF�T!' Pt�O►TE�.T 1�D. 8T. 1991 - 2 731�d AveQl�ue� N.E. (I�iB No. 307� 8�210aiy Stt�9et t0 B�Cet Btl�9et For c�onstructioa� Iteqn 2�Uw All of the larr3 ab�ttir�g � said streets na¢�ed above ar�d all lar�ds within, adjac�ent ar�d abuttirig ther�to. All of said laryd to be assessed proportiaa�ately aoco�iir�g to the bP�fits received by s�x� inproveqnent. Published: FRIDLEY �JS: Februazy 20, 1991 Febn�ty 27, 1991 � W �EY MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 2� �1ll1aID C. Htlllt Assistant to the City Manager � lLSMO TO s RILLI7IU w. SIIR�TS � CITY IL7i1�i7►GER ��' FROMs wII+LIlII[ C. BtJ�iT, �88ISTll�iT TO THB CITY IL�GER ,�1G�' � � 8IIBJ8CT: ]188I8TANCB TO El[PL07C$$S C]►LLBD TO ]1CTIV8 l[ILIT11ItY DZT'PY DATE: F$BRIIl1RY 1, 1991 Fridley Police Officer Jeff Rokeh has been called to active military duty in conjunction with the conflict in Iraq and Kuwait. According to state law we are required to pay his salary for the first fifteen days he is called up, and accordinq to federal law we have to retain his job, continue his accumulation of leave time, and upon his return credit him with any raises which would have been related to length of service. I am enclosing a copy of an article by Peter Tritz in the November 1990 issue of Minnesota Cities which indicates the legal requirements cities must observe relatinq to employees called to active duty. Five other full-time employees are subject to involuntary call back to active military duty: Rick Crestik, Mike Monsrud, Doug Himango, John Flora, and Tery Shields. In addition, a part-time liquor clerk, Greg Zurbey, and two paid-on-call volunteer firefighters, Marvin Peters and Dave Skirka, are eligible for call-up. In all, six full-time and three part-time employees could be called up or called back to active duty. Most of these employees would receive less pay in the military than they would from full-time civilian employment. Although, the employee called to active military duty would be covered immediately by the military health care system, it miqht take a month or so for spouse and dependents to qualify. As a result the employee called to active military duty does stand to suffer economic loss as a consequence. A number of jurisdictions have provided some sort of help to employees called to active military service. On January 31, 1991, the Apple Valley City Council agreed to provide 100 percent of the premium for health, life, and dental insurance. On December 18, 1990 Eagan City Council voted to pay the difference between military salary and the employee's salary with the City as well as the City's share of health coverage. I am attaching a copy of an article in the January 28, 1991 IC�A Newsletter indicatinq action 20 Memo to William W. Burns, City Manager Assistance to Employees Called to Active Military Duty Page 2 taken by the Cities of Dayton, Ohio, and San Dieqo, California. I understand that the State of Minnesota has taken some action in this regard too. � After discussing this matter with various people on and off the City staff, I have drafted a resolution for possible action by the Fridley City Council. I eubmit it to you for your consideration and for further direction as to the best way to proceed from here. There would be minimal financial impact, at least in the short run. At the present time, the Police Department does not anticipate hiring any replacement officers. If the resolution I have prepared passes the Council, they would use the amount saved from the officer's reqular pay to pay overtime wages to pick up the slack. There would also be no additional cost to the City for health, life,�and dental insurance premiums unless temporary replacements were hired. A880LOTIO�i ]ItO. - 1991 !1 RE80L�'PIO�T PROVIDIN3 ]188I8T]WCE TO CBRTAI�T El[PLOYE$B OB TH$ CITY OF FRIDLEY R80 71RB CliILLED TO 8$RVICB DIIRI�Ta THB CIIRRBI�iT CONFLICT 8$TWEEIi IRAQ lII�iD T8E D�iITBD ST1�T$B 71ND ITS ]►LLI88 � � WHEREAS, the United States of America and ite allies are involved in a conflict with Iraq which has necessitated the involuntary call-up to active military duty of inembers of the National Guard, the Military Reserve, and persons retired from military service; and WHEREAS, persons Bo called to active military duty frequently euffer from a reduction of their wages and benefits, thus bearinq a disproportionate share of the burden of the present conflict; and WHEREAS, the President of the United States hae called upon all citizens to support the men and women of our military forces who are involved in the present conflict; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the followinq assistance be provided to employees of the City of Fridley who are regularly employed for 30 hours or more per week and who are called involuntarily to active military Bervice durinq the present conflict with Iraq: 1. In addition to the requirements of Minnesota Statutes Section 192.26 and following the fulfillment of any of the City's obligations therein, for a period not to exceed six (6) months from the first day of lost employment by the City directly due to such involuntary call to active military service, the City shall pay the difference between the employee's total military compansation and the regular waqes which the employee otherwise would have received from the City. 2. For those employees who are eliqible for the flexible benefit program and who wish to continue in it during their involuntary military service, for a period not to exceed six (6) months from the first day of lost employment by the City directly due to such involuntary call to active military service, the City shall continue its contribution to whichever option had been chosen prior to the employee's involuntary call to active military service. BE IT FURTHER RESOLVED that this resolution shall take effect upon passage by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK � _ ��C,� 1 �1 '�(� D1� �� W� �� Petcr T�'�.z�-� y � Employment issues for military reservists called to active duty For the first time since the Vietnam war era, many members of the National Guard and military reserves are being called to active duty. State and federal laws give reservists rights to paid and unpaid leave in certain circumstances, and rights to return to their previous employment after completing their active military service. It's important to understand the health coverage and other benefits which active-duty reservists and their dependents receive under federal law so that the city can coordinate its employee group coverage with those bene5ts. In this article, we'll use the term reservists to refer both to members of the military reserves and to members of the National Guard. 111ilitar�• lea�•e Reservists who are public employees are entided to up to 15 days paid leave per calendar year "for all the time when engaged ... in training or active service." (Minn. Stat. 192.26). The law also entides a reservist to unpaid leave for longer periods for active mili- tary service. (Minn. Stat. 192.261, subd. 1). There's some question whether a reservist called to active duty for a longer period is entided to take the first 15 days as paid leave. (Of course, it's a moot question if the employee has already used paid leave for training earlier in the year.) The Supreme Court has stated that." . . . (Minn. Stat.) 192.26 provides for limited periods of leave with pay; (Minn. Stat.) 192.261, subd. 5(b) provides for longer periods of leave without pay ... (Minn. Stat.) 192.26 is applicable only where the leave does not extend beyond 15 days and (Minn. Stat.) 192.261 is applicable to m7itary leaves of longer duration." (Byrne v. Inde- pendent School District No 239, 305 Minn 49; 232 NW2d 432 1975). On its face, the court seems to impty that a reservist activated for, say, 90 days couldn't take the 5rst 15 days as paid leave, and then take unpaid leave for the remainder. However, despite the Court's broad and unqualified statement, there's a good argument that a reservist may be entided to paid leave in this situation. The Byrne case concerned a reserv- ist's right to return to his job after an extended absence for military service; although the Court discussed the pro- visions for both paid and unpaid leave, the Court wasn't asked to rule on that question. Also, the Byrne case concerned leave for peace-time m7itary trainin8 pursuant to Minn. Stat. 192.261, subd. 5(b). A separate section, Minn. Stat. 192.�1, subd. 1, provides for unpaid leave for active military service. Subdi- vision 1 provides that the provisions for unpaid leave." ... shall not be construed to preclude the allowance of leave with pay for such service to any person endtled thereto under Minn. Stat. 192.26 ... Nothing in this sec- tion shaU affect any of the provisions or application ... of section 192.26." This suggests that the Legislature intended the unpaid leave under Minn. Stat. 192.261 to be m addition to, rather than in lieu of, the paid leave under Minn. Stat. 192.26. In several old opinions, the attorney general said that the law entides an employee taking an extended leave for military service to be paid for the 5rst 15 working days. However, the reserv- ist apparent]y is not entitled to another 15 days' pay in the next calendar year, even if he she remains on active duty. (A.G. Op. 310-h-1-a, June 10, 1952). While it's not completely cleaz, then, it seems h'kelq that a reservist who has not akeady ueed his her 15 days Paid leave for traa�ing this year will be entittea to use thac leave for che tusc 15 days oi active military service. (Remember that this means 15 working days, nther than 15 calendar days. A.G. Op. 310-h-1-1, April 7, 1971, and May 10, 1971.) auiing the reservists' unpaid leave, theq continue to acave sick and vaca- tion leave just as if they were at work vvith the city. (Minn. Stat. 192.261, subd. 2). In other words, if a city employee who normally earns 10 days of vacation per year is called to active service for snc months, the employee will accrue another 5ve days of paid vacation, just as if he she were working for the city during that time. (A.G. Op. 310-h-1-a,1�►• 8, 1953; and A.G. Op. 120, Jan. ?A, 1955). Health co�•erage and other emploS•ee benefits A reservist who enters active serv- ice is immediately automatically cov- ered by the military health care system. If the call-up is for more than 30 days, the reservist's dependents are also eligible for coverage under the civilian health and medical pro�am of the uniformed services (CHAMPUS). If the call-up is originally for less than 30 days but is then extended, CHAM- PUS coverage for dependents begins on day 31. CHAMPUS generally uses military health facilities to provide health care to dependents. CHAMPUS will also cover the cost of using civilian health care facilities in emergencies. People covered by CHAMPUS must get prior approval before using civilian health care facilities in non-emergency situa- tions. If the dependents are not near a m�itary health care facility, they should check with CHAMPUS about proce- dures to follow. A handbook is available which descnbes CHAMPUS coverage and procedures. Dependents and November 1990 27 reservists should be able to get a copy deducUble. Note, too, that many health from the nearest military base; or they policies contain exclusions relating to can write to CHAMPUS Handbook, m�itary service; for example, the cov- Aurora, CO 80045-6900 for a copy. erage might exclude conditions relating Uril�lce the coverage on the reserv- to acts of war, or conditions relating or ist, dependent coverage is not auto- arising out of m�itary service, etc. matic. The reservist must enroll Even if the reservist were to exerase dependents through the defense enroll- the right under COBRA to remain ment eligibility reporting system covered under the city group, that (DEERS). The DEERS toll-free hotline coverage might be of little value if it to provide enrollment informadon is contained tihis ldnd of exclusion. 1-800-538-9552. While dependents are theoretically entided to coverage immediately, it could in practice take a month or so for the dependents to receive a CHAM- � PUS I.D. card. Without the card, they i might have trouble convincing the mili- tary health care facility that they're entitled to coverage. For this reason, dependents might want to maintain their present coverage until they actually have their CHAMPUS I.D. cards. Most employer health coverage plans require employees to be actively at work in order to qualify for cover- age. Thus in most cases the reservists' coverage, including dependent cover- age, under the city plan wil1 likely end when they enter active military ser- vice, unless they take steps to keep that coverage in effect. The IRS has said that the COBRA requirement giving terminated employ- ees the right to maintain their group coverage at their own expense for up to 18 months dces apply to reservists who are called to active duty. State taw gives employees similar rights. (Minn. Stat. 62A.1�. Thus cities need to give activated reservists written notice of their right to continue coverage through the city group at their own expense. In other words, cities should foqow the same procedures as they would for any ternvnated or laid off employee. These rules appiy to dental coveraBe as welt. CHAMPUS dces not provide dependent dental care, so in cities that provide employee dental coverage, activated reservists may want to main- tain family dental coverage. There seems little advantage to the reservist to maaitain tl� city health coverage, other than perhaps tempo- rarity unt�7 the dependents' CHAMPUS enrollment is complete. CHAMPUS dcesn't charge any premium, and cov- ers 80 percent of costs subject to only a$50 per person and $100 per faznly Re-employment rights Both state and federal law give reservists the right to return to their �obs or to other jobs of similar senior- ty, status, and pay upon completion of acdve duty, though the details of the two laws are somewhat different. (Minn. Stat. 192.261, subd. 2; and 38 U.S.C. Sec. 2021 and 2024). The �uning reservist must apply for reie- statement within 90 days after release irom active duty, and the reservist must still be mentally and physi�aliq quali5ed for t1� position. If the reservist no longer can per- form the dudes of the former position but can perform the duties of afiother city job, the federal statute requires the city to offer the reservist that position. This replacetnent job must be as near as possible in seniority, status, and pay as the returning reservist's former position. The state statute makes an excep- tion � the returning reservist's position has been abolished. The federal statute also provides an exception where the aty's circumstances "have so changed as to make it impossble or unreasona- ble" to offer a posidon to the returning reservist. The state law gives the retuming reservist the same tights to "seniority atatus, efficiency rating. vacation, sick leave, and other bene5ts" as if he or she had been actualty working for the city during the military leave o absence. Thus, the time spent on m7i- tary leave must in effect be treated . time worked for . the city for purpose of seniority, vacation and sick leav earning schedules, etc. As note above, the reservist also continues t ucrue paid vacation and sick leav during the time he or she is on mili leave. The reservist is also entitled t any raises or promotions that other wise would have accumulated had h or she been working for the city durin that time. OD Reinstating health coverage When a reservist returns irom mili- tary leave, both state and federal laws entide the reservists to have their health coverage reinstated. But cides should be aware of a potential glitch in this process. _�be statutes make it the city's dtrtY to provide returnin8 reservists with the same kvd of i�ealth covera8e• How- ever, many health insurance policies contain provisions limiting coverage for late enrollees, or for people who wish to re-enroll after a lapse of coverage. For example a policy might make re- enrollment subject to medical under- writing, with a right to reject applicants not in good health; the effective date might be subject to a waiting period; or the policy might exclude or limit cov- erage for a pre-e�risting condition. The state and federal statutes require the city to provide returning reservists coverage that is not subject to these ldnds of restrictions and limits. But it's possible that an insurance carrier could take the posidon that these restrictions and limits apply to a returning reservist who is re-instating coverage. In other words, the insurer conceivably could say, "We're entitled to apply our policy's restrictions to our coverage of the returning reservist; if the statutes require the city to provide more coverage to these people, the city wilt have to find coverage some- where else." It's hard to imagine why an insurer would want to take this kind of position. Anyone who did so would probably manage to offend Congress, the Legis- lature, the city, and every veterans' group in the country in one fell swoop. which t�ardly seems worth the rela- tively minimal claims savings the car- rier could hope for. f Nevertheless, if any of the city's employees have been called to active as duty, it would be a good idea to check s with the city's health carrier on how e they would handle reinstatement of d coverage for returning reservists. The o city should ask speci5cally whether the e returning reservists w�l be re-instated tary without being subject to medical under- o writing; whether the coverage will be - effective immediately, without a waiting e period; and whether the restrictions g and limits on pre-existing conditions would apply. ■ � Minnesota Cities 20E � � January 28, 1991 VOI. 72. NO. 2 Help Us Help Local Governments Cope ICMA.1n conjunctbn wlth the National League of Cities and Public Txhnology. In�c.. fs developirag a free c3earinghouse af infoimation on bcal � gavernmerrt acttvities related to events taking placx 1n !he ; Persian Gulf. We n�eed y+wa �: help in obtaining examphs of legislation or programa related to such lssues as fuel conservation: r�viat p�r pollcfes: crowd caitr+ol aad pubLc sssembly, tearoa'lat threats and attacks: and help . for children and familles of active duty personnel. If your local gwernment rias enacted legislatbn or instituted prograais in oon- nection wiih the Persian Gutf crisis. please send auy docu- ments or supportir�g materlals to Management Information Service. Attn.: Peraian Gulf Clearinghouse. ICMA,. 777 North Capitol St.. N.E.. Suite 500. Washington. D.C. 20002- 4201.202/962-3639. Mem- bers are also invited to request compllmentary informarion. Iasiae See page 7 for datea and bca- tions of ICMA regbanal meetir�s. DeaQ�ne �nr P'ebrxar� il Lsrs: J.auar� sl �....,.........,.. r�mw.�r.e�.. .�.o.r. �.....,....r.... ��..�.�.__. ICM�! �,�.,.�.�@.� .......��..� F'rom the Professbnal AssociaUon of Appointed Administratora Serving CtUes, Counties. Regional Councils, and Other Locs�l Governmente War ia the Persian Gulf—Its Impact on Local Governmeats Local governments nationwide have developed and/or implemented p�grams to deal with the impact of events in the Persian Gulf. ICMA staff contacted members from several large cities to karn what those communities were doing. The managers. public safety ofiicers, and public information personnel who responded reported that: •Daytoa. Ohio (pop. 181.159: Rlchard Helwlg. city manager). activated its emergency planning committee to pnpare for possible ternorlst threats. The city has pmvided law enfoncement personnel with training to deal with inddents stemming from racfal tensions. Dayton also passed an ordinance modifying tts reservlst pay policy. For up to sfx months, the dty will pay the dlfi'erence between an anployee's ctvilian and active duty salary, The ordinance also stipulates that dependents of military personnel will continue to rcceive lxal gwernment health benefits for up to 30 days. when they are picked up by the federal gaverc�ent. •Da11as. Tez. (pop. 990.957; Jan Hart, dty manager), has significantly increased its security at pollce stations and eity hall. To date. only 35 of the city's 13.000 employees have been called to active duty. •Los AaQeles. Calif. (pop. 3.259.340; Keith Comrte, admir�is- trative ofiicer), establLshed a hotline to receive information concerning terrorLst threats. •Riehmond� Va. (pop. 219.056; Robert Bobb. city manager), one of 22 major trauma centers in the United States. 1s prepared to receive wounded troops. Richmond's police department is on full alert. and employees have received rtot control training. Marry city employees have already gone to the Persian Gulf and. if the war escalates. up to 10 percent of the cit}�s pollce force could be called to acttve duty. •8an Diego. Calif. (pop. 1.015.190; John Lockwood. city manager), developed contingency plans for each city depart- ment. with extra emphasis placed on ensuring security at special events. San Diego's city cau�cil recently pasxd a resolution pdending its eadsting reeeivist P�Y Po�Y � 30 days paid military leave. The city �►ill pay the dittennce between an tmployee's civilian salary and active duty wages for 90 days. For more ideas on what your community can do to cope writii the impact of the Persian Gulf crisis. turn to p�e 7 of thls l9sue of the ICJKA Newstetter. APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR � FRITM �EY FOR CONCIIRRENCE BY THE CITY COQNCIL FEBRIIARY 25, 1991 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, 1�1 55432 25 88TIMATEB Services Rendered as City Prosecuting Attorney for the Month of November, 1990 ....$ 8,172.00 Services Rendered as City Prosecuting Attorney for the Month of December, 1990 ....$ HNTB 6700 France Avenue South Minneapolis, MN 55435 1. Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . . . $ 7,206.00 704.01 2. Design and Improvements to Well No. 12 & 63rd Avenue Booster Station Project No. 204 Partial Estimate . . . . . . . . . . . . . . $ 4,837.12 Pitt-Des Moines, Inc. (PDM) P.O. Box 1596 Des Moines, IA 50306 Construction of the 1.5 MG Water Reservoir Project No. 201 Estimate No. 5 . . . . . . . . . . . . . . . . . $ 37, 872.98