06/24/1996 - 4855�
unor
FRIDIEY
FRIDLEY CITY COUNCIL MEETING
ATTENDENCE SHEET
MQnday, June 24, 199G
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
PRINT NAME (CLEARLY) ADDRESS
ITEM
NUMBER
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� FRIDLEY CITY COUNCIL MEETING OF
�
arr oF JUNE 24, 1996
FRIOLEY
The City of Fridley will not discriminate against or liarass anyone in the admission or access to, or treatment, or employment in
its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual
orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter
or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in
advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE:
PRESENTATION:
Innovative City Award from the Association
of Metropolitan Municipalities for Project
Safety Net
LEGISLATIVE UPDATE:
Representative Skip Carlson
APPROVAL OF MINUTES:
City Council Meeting of June 10, 1996
FRtDLEY CITY COUNCtL MEETING OF JUNE 24, 1996
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
First Reading of an Ordinance
Repealing Chapter 106 of the
Fridley City Code in its Entirety
and Adopting a New Chapter 106
Entitled "Emergency Management"
First Reading of an Ordinance Under
Section 12.07 of the City Charter to
Vacate Streets and Alleys and to
Amend Appendix C of the Ciiy Code
(Vacation Request, SAV #95-02,
Southwest Quadrant Project Area)
(Ward 1) . . . . . . . . . . . . . . . . . . . . .
Receive the Minutes of the Pianning
Commission Meeting of June 5, 1996
Page 2
............ 1.01-1.10
............ 2.01-2.03
........... 3.01-3.'14
Special Use Permit Request, SP #96-11,
by Architectural Design Partners, P.A., fo
Allow an Expansion of a Convalescent
Home in an R-1, Single Family Dwelling
Zoning District, Generally Loca#ed at
7590 Lyric Lane N.E. (Ward 1) . . . . . . . . . . . . . . . . 4.01 - 4.18
FRIDLEY CITY COUNCIL MEETING OF JUNE 24,1996 Page 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED�
Establish a Public Hearing for July 8, 1996,
for Plat Request, P.S. #96-01, by Independent
School District No. 14, to Replat Property
Generally Located North of 61 st Avenue, East
of 7th Street, South of 63rd Avenue, and West
of Jackson Street (Ward 1) . . . . . . . . . . . . . . . . . . . 5.01 - 5.04
Estabiish a Public Hearing for July 8, 1996,
for:
Vacation Request, P.S. #96-02a, by
lndependent School District No. 14, to
Vacate Streets and Alleys Generally
Located North of 61st Avenue, East of
7th Street, South of 63rd Avenue, and
West of Jackson Street (Ward 1)
and,
Vacation Request, SAV #96-02b, by
Independent School District No. 14, to
Vacate Stree#s and Alleys Generally
Located North of 59th Avenue, East of
7th Street, South of 61 st Avenue, and
West of West Moore Lake Drive (Ward 1)
and,
Vacation Request, SAV #96-02c, by
Independent School District No. 14, to
Vacate Streets and Alleys Generally
Located North of 59th Avenue, East of
7th Street, South of 61 st Avenue, and
West of West Moore Lake Drive (Ward 1) .... 6.01 - 6.04
FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 Page 4
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED.�:
Extension of Special Use Permit, SP #95-06,
by ADE Leasing, to Allow an Automobile
Service Station and Motor Vehicle Fuel and
Oil Dispensing Service in a C-2, General
Business District, Generally Located at
7609 University Avenue N.E. (Ward 1) . . . . . . . . . . 7.01 - 7.03
Approve 1996 Joint Powers Agreement for
Residential Recycling Program Between
the City of Fridley and the County of Anoka ....� ... 8.01 - 8.06
Resolution Authorizing Acquisition of
541 - 79th Way N.E. and Authorizing
Acquisition of Tax Forfeit Property
From Anoka County for Public Purposes
(Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.03
Establish a Public Hearing for July�22,
1996, for an Ordinance Amending
Section 2.06.0'! of the Fridley City
Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.02
FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED�
Page 5
Establish a Public Hearing for July 22,
1996, for an Ordinance Amending
Chapter 3 of the Fridley City Charter . . . . . . . . . . . . 11.01 - 11.06
Approve Contract between the City of
Fridley and Setter, Leach & Lindstrom,
inc., for Architectural Services (Community
Education Center) (Ward 1) . . . . . . . . . . . . . . . . . . . 12.01 - 12.05
Receive Bids and Award Contract for
Replacement and Upgrade of the
Innsbruck Lift Station, Project No. 298 . . . . . . . . . . . 13.01 - 13.03
Approve Change Order No. 4 to the
1995 Street Improvement Project
No. ST. 1995 - 1 & 2 . . . . . . . . . .
............. 14.01-14.03
FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 Page 6
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED�
� Appointment: Public Services Worker . . . . . . . . . . . 15.01
Claims .................................... 16.01
Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - � 7.03
Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.02
ADOPTION OF AGENDA:
OPEN��RUM, VtS(TORS:
(Consideration of Items not on Agenda - 15 Minutes)
.'�
FR/DLFY C/TY COUNC/L M�Fi'/NG aF JUNF 2a, 1996
�C��-c,�
'-
��
FRro�er
The City of Fridley will not discrimutate against or harass anyone in the admission or access to, or treatment, or
employinent in its services, programs, or acrivities because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request,
accommodation will be provided to allow individuals with disabilities to parricipate in any of Fridley's services,
programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who
require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE:
PRESENTATION:
Innovative City Awazd from the Association
of Metropolitan Municipalities for Project
Safety Net
� ����'�.�
LEGISLATIVE UPDATE:
Representative Slcip CarLson
�,��.�..�-�
APPROVAL OF MINUTES:
City Council Meeting of June 10,1996
�'�-�,-� �-
APPROVAL OF PROPOSED CONSENT AGENDA•
NEW BUSINESS:
First Reading of an Ordinance
Repealing Chapter 106 of the
Fridley City Code in its Entirety
and Adopting a New Chapter 106
Entitled "Emergency ManagemenY' . 1.01 -1.10
r,��-�� �
APPROVAL OF PROPOSED CONSENT AGENDA•
NEW BUSINESS (CONTINUED)•
Receive the Minutes of the Planning
Commission Meeting of June 5,
1996 . . . . . . . . . � . . . . . . . . . . . . . . . . . . 3.01 - 3.14
a5�� �
Special Use Permit Request, SP #96-11,
by Architectural Design Partners, P.A., to
Allow an Expansion of a Convalescent
Home in an R-1, Single Family Dwelling
Zoning District, Generally Located at
7590 Lyric Lane N.E. (Wazd 1) ..... 4.0? - 4.18
��� `
Establish a Public Hearing for July 8, 1996,
for Plat Request, P.S. #96-01, by Independent
School District No: 14, to Replat Property
Generally Located North of 61st Avenue, East
of 7th Street, South of 63rd Avenue, and West
of Jackson Street (Ward 1) . . . . . . . . . 5.01 - 5.04
..�� �-� ,�.-- � �-- 7/��
Establish a Public Hearing for July 8,1996,
for:
First Reading of an Ordinance Under
Section 12.07 of the City Charter to Vacation Request, P.S. #96-02a, by
Vacate Streets and Aileys and to Independent School District No. 14, to
Amend Appendix C of the City Code Vacate Streets and Alleys Generally
(Vacation Request, SAV #95-02, Located North of 61st Avenue, East of
Southwest Quadrant Project Area) 7th Street, South of 63rd Avenue, and
(Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.03 West of Jackson Street (Ward 1)
`� ��2-�v�
��
and,
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
Establish a Public Hearing for July 8,
for (continued):
Vacation Request, SAV #96-02b, by
Independent School District No. 14, to
Vacate Streets and Alleys Generatly
Located North of 59kh Avenue, East of
7th Street, South of 61st Avenue, and
West of West Moore Lake Drive (Ward 1)
and,
Vacation Request, SAV #96-02c, by
Independent School District No. 14, to
Vacate Streets and Alleys Generally
Located North of 59th Avenue, East of
7th Street, South of 61st Avenue,
and West of West Moore Lake Drive
(Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . 6.01- 6.04
^'02� � �.
�
.
APPROVAL OF PROPOSED CONSENT AGENDA•
NEW BUSINESS (CONTINUED)•
Estabtish a Public Hearing for July 22,
1996, for an Ordinance Amendulg
Section 2.06.01 of the Fridley City
Charter .........................10.01-10.02
�'E��` y � �` "� ��2 z� �' .�
Establish a Public Hearing for July 22,
1996, for an Ordinance Amending
Chapter 3 of the Fridley City
Charter . . . . . . . . . . . . . . . . . . . . . . . . . . 11A1 - 11.06
� � � � �/L Z-�.G�
����/9� Approve Con�act between the City of
Fridley and Setter, Leach & Lindstrom,
Inc., for Architectural Services (Community
Education Center) (Ward 1) . . . . . . . . 12.01 - 12.05
Extension of Special Use Permit, SP #95-06,
by ADE Leasing, to Allow an Automobile
Service Station and Motor Vehicle Fuel
and Oil Dispensing Service in a G2,
General Business District, Generally
Located at 7609 University Avenue
N.E. (Ward 1) . . . . . . . . . . . . . . . . . . . . 7.01- 7.03
i����-�'-vC •
Approve 1996 Joint Powers Agreement for
Residential Recycling Program 8etween
the City of Fridley and the County of
Anoka . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01- 8.06
����
Resolution Authorizing Acquisition of
541- 79th Way N.E. and Authorizing
Acquisition of Tax Forfeit Property
From Anoka County for Public Purposes
(Ward3) ........................9.01-9.03
r�.�'�`?�..�,� ,.� •
Receive Bids and Awazd Contract for
Replacement and Upgrade of the
Innsbruck Lift Station, Project
No. 29� . . . G�.0 . � . . 13.01 - 13.03
�.�( c�,,� � ,�
�y-�. . �-�--' �' 3/ ��z. 6 �
Approve Change Order No. 4 to the
1995 Street Improvement Project
No. ST. 1995 -1 & 2 . . . . . . . . . . . . . . 14.01-14.03
�� .
Appointment Public Services
Worker .........................15_O1
�?� .
Claims . - - - . . �"! �.��-.?'�'��. . . . . 16.01
�
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CON'i'INUED)•
Licenses . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.03
�� i j�,.,,,,_,�,�,
Estiinates . . . . . . . . . . . . . . . . . . . . . . . 18_Ol - 18.02
ADOPTION OF AGENDA: .
L
(1-�—
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OPEN FORUM. VISITORS:
(Consideration of Items not on Agenda -15 Minutes)
v� ������
NEW BUSINES�-
Approve Master Plan for Lake Pointe Office
Pazk by MEPC American Properties ....... 19.01-19.44
�,J�� �� / �
Receive Bids and Award Contract for
Construction of Water Treatment Plant
No. 3, Project No. 293 . . . . . . . . . . . . . . . . . . . 20.01- 20.06
„6':.�c,-v�GC. (l�-�'� � ..
c�i �` d2�-�"��' G�'"'-� .
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Informal Status Reports . . . . . . . . . . . . . . . . . . . 21.01
dC�-�-°'"�.' °�'� �7-� �-��
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a�zocraN:
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FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 Page 7
NEW BUSINESS:
Approve Master Plan for Lake Pointe Office
Park by MEPC American Properties . . . . . . . . . . . . . . . . . 19.01 - 19.44
Receive Bids and Award Contract for
Construction of Water Treatment Piant
No. 3, Project No. 293 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.01 - 20.06
Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.01
ADJOIJRN:
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
JLTNE 10 , 19 9 6
The Regular Meeting of the Fridley City Council was called to order
by Mayor Nee at 7:37 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider, and Council-
woman Bolkcom
MEMBERS ABSENT: None -
FRIDLEY `49ER DAYS CELEBRATION:
Mr. Hal Hinchliffe, President of Fridley `49er Days, invited
Council and all residents to attend the `49er Days celebration
which begins with a parade on Thursday evening. He outlined the
events taking place during this celebration. He said that buttons
are on sale at SuperAmerica stores.
APPROVAL OF MINUTES:
COUNCIL MEETING, MAY 20, 1996:
MOTION by Councilwoman Jorgenson to approve the minutes as
presented. Seconded by Councilman Schneider. Upon a voice vote,
all votinq aye, Mayor Nee declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY
15, 1996:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY
15, 1996.
2. SPECIAL USE PERMIT, SP #96-10, BY GLEN DOUGLAS, TO ALLOW AN
ACCESSORY BUYLDING OTHER THAN THE FIRST ACCESSORY BUILDING,
OVER 240 SQUARE FEET, GENERALLY LOCATED AT 871 66TH AVENUE
N.E. (WARD 1):
Mr. Burns, City Manager, stated that this is a request for a
special use permit to allow the construction of a second
accessory structure over 240 square feet. The petitioner is
proposing to construct a 20 foot by 24 foot detached metal
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 2
structure in his rear yard. The building would be used for
hobby related woodworking.
Mr. Burns stated that the Planning Commission has recommended
approval with the stipulations that the accessory structure be
architecturally compatible with the existing dwelling, that it
be constructed of similar materials, and that the structure
shall at no time be utilized for a home occupation. The
petitioner agrees to the stipulations, and staff recommends
approval.
3. APPROVE EASEMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
TRILLIUM CORPORATION, GENERALLY LOCATED AT 61ST WAY AND ASHTON
AVENUE t W.ARD 3 ) :
Mr. Burns, City Manager, stated that Trillium Corporation is
selling a parcel of property to Tri-Star Insulation who will
construct an office/warehouse on the site. This parcel, while
having access to East River Road, does not provide direct
southbound travel due to the median in East River Road. In
order to gain access to 61st Way and the signaled inter-
section, Trillium is granting an access easement on its
property adjacent to the easterly property line of the parcel.
Trillium has requested permission from the City to us� a
portion of the 61s� Way right-of-way east of Ashton Avenue to
obtain access to the signaled intersection.
Mr. Burns stated that this easement agreement indemnifies the
City from all claims arising from use of the right-of-way and
requires Trillium to construct and maintain the proposed
access road for Tri-Star Tnsulation. The City Engineer does
not object to granting the easement and staff recommends
approval.
APPROVED THE EASEMENT AGREEMENT WITH TRILLIUM CORPOBATION.
4. RECEIVE BIDS AND AWARD CONTRACT FOR 1996 STREET IMPROVEMENT
PROJECT NO. 1996-10 (SEAI,COAT) :
Mr. Burns, City Manager, sta�ed that four bids were received
for the 1996 sealcoat project, and the low bidder was Asphalt
Surface Technologies Corporation (ASTECH) in the amount of
$174,315.86. There are 327,578 square yards of sealcoating
to be completed including 1b0,000 square yards that were
originally to be done in 1995. The bid was less than
estimated, and it was felt this was due to the large size of
the project. Mr. Burns said that staff recommends the bids be
received and the contract awarded to ASTECH.
RECEIVED THE FOLLOWING BIDS FOR THE 1996 STREET IMPROVEMENT
PROJECT NO. 1996-Id (SEALCOAT): Astech Corporation,
$174,315.86; Allied Blacktop, $178,885.17; Bitumi.nous
Roadways, $191,363.00; and Caldwell Asphalt, $217,101.82. THE
FRIDLEY CITY.COUNCIL MEETNG OF JUNE 10, 1996 PAGE 3
5.
;�
CONTRACT WAS AWARDED TO THE LOW BIDDER, ASTECH, IN THE AMOUNT
OF $174,315.86.
RECEIVE BIDS AND AWARD CONTRACT FOR 1996 STREET IMPROVEMENT
PROJECT NO. ST. 1996-11 (SLURRY SEAL):
Mr. Burns, City Manager, stated that two bids were received
for the 1996 slurry seal project, and the low bidder was
Struck and Irwin Paving, Inc. in the amount of $33,278.52.
The low bid was slightly over the estimate of $33,000;
however, the sealcoat project was under estimate so both
projects can be completed within the budgeted amount.
Mr. Burns said that staff recommends the bids be received and
the contract awarded to Struck and Irwin Paving, Inc. of
Madison, Wisconsin.
RECEIVED THE
PROJECT NO.
PAVING, INC.,
THE CONTRACT
PAVING, INC'.
$33,278.52.
FOLLOWING BIDS FOR THE 1996 STREET IMPROVEMENT
ST. 1996-11 (SLURRY SEAL): STRUCK AND IRWIN
$33,278.52 AND BITUMINOUS ROADWAYS, $35,497.09.
WAS AWARDED TO THE IAW BIDDER, STRUCK �1ND IRWIN
OF MADISON, WISCONSIN IN THE AMOUNT OF
APPROVE CHANGE ORDER NO. 3 TO STR�ET IMPRQVEMENT PROJECT NO.
ST. 1995-1 & 2:
Mr. Burns, City Manager, stated that last year the University
Avenue/60th Avenue slip off portion of this project was
removed until such time as an agreement was executed between
the City and State. The state is preparing the agreement so
that this slip off can be completed. The cost for this change
will be $11,477.15, and staff recommends approval of this
change order to reinstate the slip off into the project.
AUTHORIZED CHANGE ORDER NO. 3 TO STREET IMPROVEMENT PROJECT
NO. ST. 1995-1 & 2 WITH HARDRZVES, INC. IN THE AMOUNT OF
$11,477.15.
7. RESOLUTION NO. 43-1996 REQUESTING INFILTRATION AND IN-FLOW
FUNDS FROM THE METROPOLITAN COUNCIL FOR SANITARY SEWER
IMPROVEMENTS:
Mr. Burns, City Manager, stated that the Metropolitan Council
Environmental Services Division is offering matching grants
tor infiltration/in-flow studies. There have been a number of
discussions about the amount of flow in the Fridley sewer
system, and staff recommends that the City apply for an
infiltration and in-flow study grant to determine whether or
not there is any excessive problems in our sanitary sewer
system. The necessary funds of $12,500 are available in the
Sewer Enterprise Fund.
ADOPTED RESOLUTION NO. 43-1996.
FRIDLEY CITY COUNCIi� MEETNG OF JUNE 10, 1996 PAGE 4
8. CLAIMS:
AUTHORIZED PAYMENT OF CLAIMS NO. 68205 THROUGH 68512.
9. LICENSES:
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
10. ESTIMATES:
APPROVED THE ESTIMATES, AS FOLLOWS:
Frederic W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the Month of May, 1996 . . . . . . . . . $ 4,250.00
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Bouievard, N.W.
Coon Rapids, MN 55435-5489
Legal Services Rendered for the
Month of May, 1996 . . . . . . . . . . . . . $ 87.50
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374-9461
1995 Street Improvement Project
No. ST. 1995-1 & 2
Estimate No. 3 . . . . . . . . . . . . . . . $24, 472. 00
Landmark Concrete
17630 Highway 65, N.E.
Ham Lake, MN 55304
1996 Miscellaneous Concrete Curb and
Gutter and Sidewalk Project No. 294
Estimate No. 1 . . . . . . . . . . . . . . . . $11, 498. 61
Schield Construction Co.
13604 Ferris Avenue South
Apple Valley, MN 55124
Stonybrook Creek Bank Stabilization
Project No. 246
Estimate No. 4 . . . . . . . . . . . . . . . $11, 304.25
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 5
No persons in the audience spoke regarding the proposed consent
agenda items.
Councilwoman Jorgenson requested that Item 2 be removed from the
consent agenda.
MOTION by Councilman Schneider to approve the consent agenda items
with the deletion of Item 2. Seconded by Councilwoman Bolkcom.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider �o adopt
addition of Item 2 from the consent
Councilwoman Jorgenson. Upon a voice vote,
Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
the agenda with the
agenda. Seconded by
all voting aye; Mayor
MR. RODGER CAREY, 10270 MISSISSIPPI BLVD., COON RAPIDS, MN.:
Mr. Rodger Carey, owner of property at 7857-61 Firwood Way, stated
that he was unable to attend any of the meetings on the hard
surface driveway issue. However, the legality of his driveway was
established by an Anoka County Court decision signed March 23,
1982. He stated that the City is aware of this but is still firying
to force him into an expense that is not neecied. It is bureaucracy
at its worst. Mr. Carey stated that his tenants park in front of
their garages, and a hard surface will not define the "orderly
parking." The proposed ordinance is one of conformity not of
common sense .
Mr. Carey distributed a copy of his letter to Council and said that
he also sent a copy to attorney Joseph Anderson and the Minnesota
Multi-Housing Association.
Mayor Nee asked Mr. Carey if he had a copy of the court order.
Mr. Carey stated that the City is aware of this order. The trial
was in December, 1981, and the order issued March 23, 1982.
Councilwoman Bolkcom asked Mr. Hickok, Planning Coordinator, to
comment on the hard surface driveway issue.
Mr. Hickok stated that staff has conducted surveys on those
properties in the City that have gravel driveways. The results
will be submitted to Council as discussion continues on the issue
of hard surface driveways.
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 6
PUBLIC HEARINGS:
11. PUBLIC HEARING ON THE VACATION OF AN FASEMENT IN THE SOU2HWEST
QUADRANT PROJECT AREA, SAV #95-02, (WARD 1):
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
8:00 p.m.
Ms. Dacy, Community Development Director, stated that the easement
to be vacated is located in the Southwest Quadrant of Mississippi
Street and University Avenue. The site is now under construction
by Rottlund Homes.
Ms. Dacy stated that at the closinq of this property, it was
discovered that this easement was not included in the ordinance
that vacated a number of right-of-ways and easements. The easement
was retained in 1964, and the utilities that were located in this
easement have since been removed. She stated that there is no
adverse impact to vacate this easement.
No persons in the audience spoke regarding the proposed vacation of
this easement.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, l�iayor Nee declared i:he motion carried unanimously, and the
public hearing closed at 8:02 p.m.
NEW BUSTNESS:
2. SPECIAL USE PERMIT, SP #96-10, BY GLEN DOUGLAS, TO ALLOW AN
ACCESSORY BUILDING OTHER THAN THE FIRST ACCESSORY BUILDING,
OVER 240 SQUARE FEET, GENERALLY LOCATED AT 871 66TH AVENUE
N.E. (WARD 1) :
Councilwoman Jorgenson stated that in the checklist for this
special use permit, Item 5 states that "this will be a one man shop
for some time to come." She asked Mr. Douglas if he was aware of
the home occupation ordinance.
Mr. Douglas, the petitioner, stated that he is aware of the home
occupation ordinance and does not intend tor this hobby to become a
home occupation.
MOTION by Councilwoman Jorgenson to grant Special Use Permit, SP
#96-10, to allow an accessory building over 240 square feet at 871
66th Avenue, with the following stipulations: (1) the accessory
structure shall be architecturally compatible with the existing
dwelling and shall be constructed of similar materials; and (2) the
structure shall at no time be utilized for a home occupation.
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 7
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
12. SPECIAL USE PERMIT, SP #96-05, BY MENARD'S, INC., TO ALLOW
AGENCIES SELLING OR DISPLAYING RECREATIONAL VEHICLES, BOATS
AND MARINE EQUIPMENT, MACHINERY, MANUFACTURED.HOMES, OR OTHER
SIMILAR ENTERPRISES HAVING MERCHANDISE IN THE OPEN AND NOT
WITHIN �N ENCLOSED STRUCTURE, GENERALLY LOCATED AT 965 53RD
AVENUE N.E. (WARD 1):
AND
SPECIAL USE PERMIT, SP #96-06, BY MENARD'S, INC., TO ALLOW
UNSCREENED EXTERIOR STORAGE OF MATERIALS AND EQUIPMENT,
GENERAI�LY LOCATED AT 965 53RD AVENUE N.E. (WARD 1):
AND
SPECIAL USE PERMIT, SP #96-07, BY MENARD'S INC., TO ALLOW
AGENCIES SELLING OR DISPLAYING RECREATIONAL VEHICLES; BOATS
AND MARINE EQUIPMENT, MACHINERY, MAN[JFACTURED HOMES, OR OTHER
SIMII�R ENTERPRISES HAVING MERCHANDISE IN THE OPEN AND NOT
WITHIN AN ENCLOSED STRUCTURE, GENERALLY LOCATED AT 5207
CENTRAL AVENUE N.E. (WARD 1):
Mr. Hickok, Planning Coordinator, stated that these are three
requests for special use permits by Menard's. Menard's plans to
expand their business and purchase the adjacent Skywood Mall.
Special use permit, SP #96-05, allows merchandise in the open but
not within an enclosed structure. In the front of Menard's there
is unscreened storage of materials, and that is the reason for the
special use permit.
Mr. Hickok stated that Special Use Permit, SP #96-06, allows
unscreened exterior storage of materials. In the rear yard of
Menard's there are materials stored in the open and is the reason
for this special use permit.
Mr. Hickok stated that Special Use Permit, SP #96-07, allows
merchandise in the open and not within an enclosed structure on the
Skywood Mall site. Menard's plans to remodel the Skywood Mall site
and the entire west face of the mall to allow direct access for
retailers.
Mr. Hickok stated that another special use permit which would have
allowed unscreened exterior storage on the Skywood Mall site was
withdrawn by Menard's.
Mr. Hickok presented a video of the site showing the views from
Skywood Court and Taylor Street. He also presented a video on the
Menard's store in Woodbury where Menard's purchased a mall to
expand their business.
Mr . Hickok stated that the yard barn location on the north end of
Menard's would be remodeled, and the display in front would be
condensed. The existing southern portion of the Menard's store,
which is now bulk storage, will be remodeled for retail. The
FRIDLEY CITY COUNCIL I�ETNG OF JUNE 10, 1996 PAGE 8
Skywood Mall site would be redesigned to be more of an open
warehouse.
Mr. Hickok stated that these items were before the Appeals
Commission and Planning Commission. Staff's original recommenda-
tion was for denial. After further discussions and neighborhood
meetings, staff re-evaluated the plan, and a number of
modifications were completed. The Planning Commission recommended
approval of these three special use permits with stipulations. He
stated that in summary, the stipulations included features such as
downcast lighting, emergency access, control of intercom devices,
additional landscaping, and cleanliness of the site.
Mr. Hickok stated that staff recommends that Council concur with
the recommendation of the Planning Commission to approve these
special use permits with the stipulations.
Councilwoman Bolkcom stated that some of the concerns over the
years were the appearance and cleanliness of the site. Her biggest
concern is to have the property maintained. She asked what
guarantees the City would have to make sure that the site is
maintained properly. History shows this was not done in the past,
and there were many complaints from the neighborhood.
Mr. Hickok stated that with the special use permits, the City now
has a means for enforcement. A special use permit can be revoked
if the petitioner does not comply with the stipulations. A
substantial letter of credit will also be required to ensure that
the sound wall is completed.
Councilman Schneider asked if a performance bond could be required
because of the past history.
Mr. Hickok stated �hat this has not been considered; however, if
�his is Council's desire, staff could check into it further.
Councilman Schneider stated that he would like to make sure
Menard's proceeds with their promises because there is no
credibility that has been established in the past. He would have a
hard time approving these permits without some means of
enforcement.
Mayor Nee stated that there seems to be no limitation on the
display of inerchandise.
Mr. Hickok stated that this was a concern of the Planning
Commission and is �he reason �or the stipulations. They did not
want the display to expand in other areas. The only displays that
are allowed are the yard barns and fence.
Mr. Hickok stated that in Special Use Permit, SP ##96-06, language
is included that the fence display be moved to an area north of the
existing Menard's entrance. In Special Use Permits, SP #96-05 and
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 9
SP #96-07, language was added to Stipulation No. 4 regarding the
vantage point being six feet above the north, west, and south
property lines.
Councilwoman Jorgenson asked if there will only be one main
entrance for Menard's.
Mr. Hickok stated that the road now leading into Menard's will be
the access location to the yard.
Councilwoman Jorgenson stated that, currently, there are other
vehicles accessing that location, and it is difficult to see
vehicles coming out of the area. She is concerned about traffic
safety. She asked if there would be traffic control for vehicles
leaving Menard's.
Mr. Hickok stated that the importance of the menu board and signage
has been emphasized for the site. Menard's has assured the City
that they want a safe flow of traffic for their customers and
perhaps they could address this issue
Councilwoman Jorgenson asked what type of fence would be installed
and the maintenance it would require.
Mr. Hickok stated that the fence would be wood tongue and groove
and require on-going maintenance.
Councilman Schneider asked what assurances the City would have that
the fence would be maintained.
Mr. Hickok stated that this issue would be covered by the code and
staff enforcement of the ordinances.
Mr. Gary Colby, representing Menard's, stated that he would admit
there is not a good history with this site and that complaints were
handled very poorly. What they are trying to accomplish is to
improve the site, not only for Menard` s, but for the City and the
neighbors.
Mr. Colby stated that discussions began many months ago on their
plans with compromises and changes. Solving the problems will be
an on-going process. Menard's needs more space, and the expansion
will allow them to correct the overcrowded conditions. The
expansion to Skywood Mall allows the warehouse to be moved and to
have more of it enclosed. He stated that the existing exterior
warehouse will be enclosed and used for retail space.
Mr. Colby stated that on the question of enforcement, he
understands the City's concerns. There has not been a good
history, and that has been a topic of discussion, not only with the
Planning Commission but also City st�ff. The special use permits
give the City a means for enforcement.
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 10
Mr. Colby stated that it is not their intent to sell recreational
vehicles or motor homes, but their request falls under a small
category of that section of the ordinance. They would install a 20
foot tongue and groove fence and, in some areas, it would be 24
feet high. He felt this would keep any yard debris on their
property, not on the neighbors'. He felt there would always be
some parking lot debris. There should be an on-going process
between the store manager and employees so if there is a problem,
it will be handled.
Councilman Schneider asked Mr. Colby how long he has been employed
with Menard' s .
Mr. Colby stated that he has been employed for twelve years, but
this is the first time he has personally been involved in the
Fridley store. �
Councilman Schneider asked Mr. Colby why he would expect things to
change. He felt that the plans were very good, but he has
lingering doubts about the promises.
Mr. Colby stated that he has been aware of the problem, but it is
now his problem. He wishes to improve the situation, and he felt
the City has the means of enfcrcement with the special use permits.
Councilman Schneider asked if Menard's has any existinq special use
permits.
Mr. Hickok stated that no special use permits have been issued, as
this is an existing non-conforming use. With the expansion, the
existing non-cor�torming status is removed, and Menard's must
canform to all the ordinances.
Mr. Bruce Malkerson, attorney for Skywood Mall, stated that cities
usually have problems with legal non-conforming uses. When
Menard's expands, they will have the special use permits and no
longer are a non-conforming use. If they do not camply with the
ordinances, the City can revoke the special use permits. With the
special use permits, there is a means for the City to prosecute any
violations.
Councilman Schneider stated that revoking a special use permit is a
drastic measure which the City does not take lightly. It is also
very costly, and this extreme action is taken for only a very
grievous problem. If there was an on-going performance bond over a
period of years it would be in the interests of the petitioner to
comply.
Mr. Malkerson stated that he felt the revocation has worked well in
the courts, and the threat of prosecution is effective. No
businesses should be put in that position, as the judges will not
put up with it . It would be a disaster for Menard' s to have the
special use permits revoked.
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 11
Mr. Colby stated that an on-going performance bond would not be
acceptable. The construction bond was large enough.
Councilman Schneider asked the cost for the performance bond.
Mr. Hickok stated that he did not know the exact cost. The City is
requesting fifty percent of the cost of construction for the wall
rather than the normal three percent because of the past history.
Mr. Knaak, City Attorney, stated that he felt Mr. Malkerson
explained the law very plainly. In regard to a performance bond,
it is a fairly unusual approach. A performance bond would require
the performance of very specific actions. If there is a failure,
the City could use those funds to accomplish specific acts. He did
not know what would be gained from a performance bond unless there
are certain concrete issues that need to be done. -
Mr. Knaak stated that regarding general kinds of behavior, as
opposed to structures, the special use permit review process is
used. The Council can review the special use permit annually, or
some other reasonable time, or if there are complaints. He did not
know what would be gained by a performance bond. In fact, if it
was necessary to prove a violation occurred, there needs to be some
kind of due process. If a prob�em arose, he did not know if it
would be solved any faster by using a performance bond rather than
the normal process. He believed the procedure in place for review
of special use permits is a better way to proceed.
Councilman Schneider suggested that perhaps there could be an
annual review and grading system by staff and Menard's. If scores
are too low the City could consider revocation of the special use
permit.
Mr. Knaak stated that the review process is standard and would
certainly be within the City's rights.
Mr. Malkerson stated that he would agree with Mr. Knaak's comments.
He felt that the special use permits were the greatest enforcement
mechanism. If Menard's received a citation for trash it would be
much cheaper for them to remove the debris than to hire attorneys
to go to court.
Ms. Mary Matthews, 1259 Skywood Lane, felt that the Menard's plan
was a reasonable compromise which took over twenty years to get to
this point. She appreciates the on-going concern because of the
past history and the fact that Mr. Colby is trying to rectify the
situation. The City has some means of enforcement if the special
use permits are approved, which has not been the case in the past.
Ms. Matthews felt that it may help reduce the noise with some of
the improvements proposed
Councilwoman Jorgenson asked Ms. Matthews if she felt the sound
wall would help reduce the noise.
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 12
Ms. Matthews stated that truck deliveries are at different hours,
but the loading and unloading will be behind the 24 foot barrier.
She hoped this would reduce the noise. To regulate the hours of
operation is out of the question. She did feel concern about
traffic safety, and said a warning sign may be helpful.
Mr. Colby stated that Menard's also was concerned about traffic
safety. By recessing the gate, customers are not trying to
accomplish two functions at once (getting out of the gate and into
traffic) but concentrating on only one at a time.
MOTION by Councilman Billings to concur with the recommendation of
the Planning Commission and grant special use permit, SP #96-05,
with the following stipulations: (1) prior approval of Variance
Request, VAR #96-10, allowing a 20 foot by 24 foot high (rather
than maximum not to exceed building height} accessory structure in
a C-3, Shopping Center District; (2) all light fixtures shall be of
a downcast design and shall not create a horizontal glare; (3)
additional landscaping shall be required surrounding �he base of
the new wall to soften the visual impact of the large structure on
the surrounding landscape. Materials for this plan shall be
reviewed and approved prior to installation; (4) no materials shall
be stored in a manner that allows them to be viewed from a vantage
point outside of the fenced area; {S) the fence enclosure shall be
properly maintained and kept in good repair; (6) there shall be no
outdoor sales of fertilizer, pesticides, or other potential
pollutants; (7) emergency access knock down panels shall be
incorporated into the rear yard area for emergency purposes; (8)
all emergency access routes shall be kept free from materials,
display and clutter that will block or deter the safe passage of
emergency vehicles; (9) all intercom devices shall be utilized in a
manner and at a volume that does not negatively impact adjacent
praperties; (10) all building modifications shall be reviewed and
approved by the City Building Official prior to commencement of
construction; (11) access into and out of the storage area shall be
clearly marked for customer clarity; {12) all exterior building
surfaces shall be finished in an attractive manner that is
architecturally compatible with the principal building; (13) the
property shall be kept free of all debris; and (14) any sales of
recreational vehicles, boats, marine equipment and manufactured
homes shall require official review by City staff, the Planning
Commission and approval by the City Council. Seconded by
Councilwoman Bolkcom.
MOTION by Councilman Billings to amend stipulation No. 4, SP
#96-05, as follows: (4) no materials shall be stored in a manner
that allows them to be viewed from a vantage point outside of the
fenced area. Said vantage point being six feet above the north,
west, and south property lines.. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Councilwoman Jorgenson asked if there should be language added
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 13
regarding an annual review by staff and brought to Council, if
deemed necessary.
Councilman Billings asked if this places limits on when the special
use permit can be reviewed by adding language for an annual review.
Mr. Knaak stated that he felt there should at least be an annual
review. If Council is going to be specific regarding these special
use permits, he would suggest that the review shall be in
compliance with these terms at least annually. Further, that
failure of the City to conduct any such review, or make any
findings of non-compliance, shall not operate as a waiver of the
City's right or authority to do so in any future review or
consideration of compliance.
MOTION by Councilwoman Jorgenson to add Stipulation No. 15 to SP
#96-05, as follows: (15) The City shall review compliance of these
terms, at its sole discretion, at least annually. Failure of the
City to conduct any such review or make any findings of non-
compliance, shall not operate as a waiver of the City's right or
authority to do so in any future review or consideration of
compliance. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
UPON A VOICE VOTF TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Billings to concur with the recommendation of
the Planning Commission and grant Special Use Permit, SP #96-06,
with the following stipulations: (1} all outdoor storage and
display of inerchandise (except yard barn/accessory buildings) on
the north, west and south buildir�g faces shall be removed so as not
to be visible from the public right-of-way; (2) no future outdoor
display of inerchandise shall be permitted without review and
approval of a special use permit by the City of Fridley; (3) all
yard barns and accessory buildings shall be moved to an area north
of the existing Menard's storefront; (4) no yard barn or accessory
building shall extend further west than the front corner of the
existing building; (5) all modification to fence and gate to
accommodate the yard barn/accessory structure display shall be
reviewed and approved by the City Building Official prior to
construction; (6) any architectural detail of the display or
modification shall be consistent with the architectural detail of
the primary structure; (7) the yard barn/accessory building display
shall be kept free of debris; and (8) any sales of recreational
vehicles, boats, marine equipment and manufactured homes shall
require official review by City staff, the Planning Commission and
approval by the City Council. Seconded by Councilwoman Jorgenson.
MOTION by Councilman Billings to amend stipulations No. 1, 2, and
3, of SP #96-06, as follows: (1) all outdoor storage and display
of inerchandise (except yard barn/accessory buildings, and fence
display at the northwest corner of the west elevation) on the
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 14
north, west and south building faces shall be removed so not to be
visible from the public right-of-way. (2) no additional future
outdoor display of inerchandise shall be permitted without a review
and approval of a special use permit by the City of Fridley. (3)
all yard barns and accessory buildings and fence displays shall be
moved to an area north of the existing Menard's entrance. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
MOTION by Councilwoman Jorgenson to add stipulation No. 9 to SP
#96-06, as follows: (9) The City shall review compliance of these
terms, at its sole discretion, at least annually. Failure of the
Czty to conduct any such review, or make any findings of non-
compliance, shall not operate as a waiver of the City's right or
authority to do so in any future review or consideration of
compliance. Seconded by Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Billings to concur with the recommendation of
the Planning Commission and grant Special Use Permit, SP #96-07,
with the following stipulations: (1) prior approval cf Variance
Request, VAR #96-10, allowing a 20 by 24 foot high (rather than
maximum not to exceed building height) accessory structure in a
C-3, Shopping Center District; (2) all light fixtures shall be of a
downcast design and shall not create a horizontal glare; (3)
additional landscaping shall be required surrounding the base of
the new wall to soften the visual impact of the large structure on
the surrounding landscape. Materials for this plan shall be
reviewed and approved prior to installation; (4) no materials shall
be stored in a manner that allows them to be viewed from a vantage
point outside of the fenced area; (5) the fence enclosure shall be
properly maintained and kept in good repair; (6) there shall be no
outdoor sales of fertilizer, pesticides, or other potential
pollutants; (7) emergency access knock down panels shall be
incorporated into the rear yard area for emergency purposes; (8)
all emergency access routes shall be kept free from materials,
display and clutter that will block or deter the safe passage of
emergency vehicles; (9) all intercom devices shall be utilized in a
manner and at a volume that does not negatively impact adjacent
properties; (10) a11 building modifications shall be reviewed and
approved by the City Building Official prior to commencement of
construction; (11) access into and out of the storage area shall be
clearly marked for customer clarity; (12) all exterior building
surfaces shall be finished in an attractive manner tha� is
architecturally compatible with the principal building; {13) the
property shall be kept free of all debris; and tl4) any sales of
recreational vehicles, boats, marine equipment and manufactured
homes shall require ofticial review by City staff, the Planning
Commission and approval by the City Council. Further, stipulation
No. 4 is amended to read as follows: (4) no materials shall be
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 15
stored in a manner that allows them to be viewed from a vantage
point outside of the fenced area. Said vantage point being six
feet above the north, west, and south property lines. Seconded by
Councilwoman Jorgenson. Upon a voice vo�e, all voting aye, Mayor
Nee declared the motion carried unanimausly.
MOTION by Councilwoman Jorgenson to amend SP #96-07 by adding the
following stipulation: (15) The City shall review compliance of
these terms, at its sole discretion, at least annually. Failure of
the City to conduct any such review, or make any findings of non-
compliance, shall not operate as a waiver of the City's right or
authority to do so in any future review or consideration of
compliance. Seconded by Councilman Schneider. THIS MOTION WAS OUT
OF ORDER SINCE A VOTE HAD ALREADY BEEN TAKEN ON THE MAIN MOTION.
MOTION by Councilman Schneider to re-consider special use permit,
SP #96-07. Seconded by Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Jorgenson to grant special use permit, SP
#96-07, with the 14 stipulations and amended stipulation No. 4
contained in the original motion above, and with the addition of
Stipulation 15, as follows: (15) The City shall review compliance
of these terms, at its sole discretion, at least annually. Failure
of the Gity to conduct any such revi.ew, or make any findings of
non-compliance, shall not operate as a waiver of the City's right
or authority to do so in any future review or consideration of
compliance. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
13. VARIANCE REQUEST, VAR #96-10, BY MENARD'S, INC., TO INCREASE
THE MAXIMUM HEIGHT OF AN ACCESSORY STRUCTURE TO 24 FEET,.WHICH
EXCEEDS THE HEIGHT OF THE PRINCIPAL BUILDING, TO ALLOW
CONSTRUCTION OF AN ACCESSORY STRUCTURE; GENERALLY LOCATED AT
965 53RD AVENUE N.E. (WARD 1):
MOTION by Councilman Billings to concur with the unanimous
recommendation of the Appeals Commission and grant Variance
Request, VAR #96-10, with the following stipulations: {1) the
screening wall shall be constructed within one year of approval of
the variance; (2) the petitioner shall provide a performance bond
in the amount of 50 percent of the value of the wall to ensure
construction of the structure; and (3) the petitioner shall comply
with stipulations of SP #96-05, SP #96-06, and SP #96-07. Failure
to construct the accessory structure will be grounds for immediate
revocation of �hese special use permits. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
14. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that in the conference session he
would like to discuss the conceptual proposal for improvements to
FRIDLEY CTTY COUNCIL MEETNG OF JUNE 10, I996 PAGE 16
the senior center and other recreational facilities; results of the
gravel driveway survey; and the housing action plan.
ADJOURNMENT:
MOTION by Councilman Schneider to adjourn the meeting. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the Regular Meeting of
the Fridley City Council of June 10, 1996 adjourned at 9:34 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor -
0
MEMo
..��
To: Bill Burns, City Manager �'j �V �,{�
Dave Sallman, Director of Public Safety � �' ,, 1
From: Rose G-riep, Special Projects Coordinator Z�'�''��:%�-'
Subject: ORDINANCE 106
Date: June 19, 1996
Attached you will find the re-write of ordinance #106 - Emergency Management (formerly Civil
Defense). Based on a conversation with Bill Champa, the ordinance will be repealed in its entirety
and a new chapter 106 will be adopted. This procedural action was needed due to the number of
changes involved.
The ordinance changes, while somewhat extensive, are relatively simple.
The phrase "civil defense" will be changed to "emergency managemenY'
The "Civil Defense Agency" becomes "Emergency Management Organization"
Definitions for "disa.ster" and "Emergency Management Organization" have been added.
The definition of "emergency" has been redefined.
106.04 sub 6 eliminates references to air raids wardens.
106.04 sub 7 has been redefined.
106.04 sub 12 was added which requires the director to sumit reports on �
emergency preparedness activities as requested by the City Council.
106.05 sub 1 eliminates the requirement for administering an oath of office to all
members of the Emergency Management Organization.
106.06 Local emergencies section is added outlining declaration of a local emergency.
106.07 eliminates the references to aid raids, enemy attack, air attack, illumination and
so forth.
106.09 changes reference to ACNI/PSD to Public Safety Director.
106.10 Prohibited Illumination is eliminated.
1.01
ORDINANCE NO. 106
AN ORDINANCE REPEALING CHAPTER 106 OF THE FRIDLE�'
CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER l Ob
ENTITLED "EMERGENCY MANAGEMENT"
TI� CITY COUNCIL OF THE CTTY OF FRIDLEY DOES ORDAIlV AS FOLLOWS:
Chapter 106 of the Fridley City Code is repealed in its entirety and replaced by a new Chapter
107. EMERGENCY MANAGEMENT which reads as follows:
106.01. POLICY AND PURPOSE
Because of the existing and increasing possibility of the occurrence of disasters of unprecedented
size and destructiveness resulting from enemp�attacl� sabotage, or other hostile actioq or from
fire, flood, r�rthquake tornado or other natural causes, and in order to insure that preparations of
the City will be adequate to deal with such disasters, and generally, to provide for the common
defense and to protect the pubGc peace, health, and safety, and to preserve the lives and property
of the people of this City, it is hereby found and deciared to be necessary:
1. To establish a local Eivii-Bef+ensc�cgencq. Emerge� Management Org,anizatiQn.
2. To provide for the exercise of necessary powers during ci�►�hdzfcnse emergencies r�id
di er .
3. To provide for the rendering of mutual aid between this City and other poliiical subdivisions of
this State and of other states with respect to carrying out of civi�-defer�se emer�cv nrenaredness
functions.
It is further declared to be the.purpose of this Chapter and the policy of the City that all civi�
defense emergencY.preparedness functions of this City be coordinated to the maximum extent
practicable with the comparable functions of the federal government, of this State, and of other
states and Iocalities, and of private agencies of every type, to the end that the most effective
preparations and use may be made of the naiion's human-power, resources, and facilities for
dealing with any disaster that may occur.
I06.02. DEFIlVITIONS
1. E:ivi�-Hefense. Emergency Management.
The preparation for and the carrying out of all emergency functions, other than functions for
which military forces are primarily responsible, to prevent, minimizc and repair injury and damage
resulting from disaster caused by sabotage, or other enemy hostile action, or from
fire, flood, e�rthqt�aice, rnad or other naturai causes,.or from industriai hazardous materiat
iru'shaos. These functions include,"without limitation, fire-fighting, police services, �emergency
1.02
medicat and heaith services, rescue, engineering,-an=rai,ct, warning communications, radiological,
chemical , evacuation ,
' congre�ate care. emergency transportation, existing or properly
assigned functions of plant protectioq temporary restoration of public utility scrvices, and other
functions related to civil protection, together with all other activities necessary or incidental to
preparation for an canying out of the foregoing functions.
2. Disaster.
A situ�tion which creates an immediate and serious im.pairment to the health and safety of any
nerson. or a situation which has resulted in or is likely to result in catastrophic loss to pro�erty,
and for wtuch traditional sources of relief and assistance within the affected area are unable to
r�pair or prevent the injury ar loss
• .3. Emer encX
An unforseen combination of circumstances which calls for immediate action to prevent from
developing or occurrin�
• . 4. Emergency Management Forces
The total nersonnel resources en�ged in city-level emergency management functions in
accordance with the provisions of this resolution or any rule or order thereunder This includes
personnel from City departments authorized volunteers and private organizations and a encies
5. Emer ency Management Organization
The statielement responsible for coordinatin�city-level,plannin,gand preparation for disaster
resDOnse. This oraacu,_zation nrovides City liaison and coordination with federal state and local
, iurisdictions relative to disaster �reparedness activities and assures implementation of federal and
state pro am requirements _
106,03 ESTABLISHI�IENT OF AN EMERGENCY MANAGEMENT ORGATIIZATION
There is hereby created within the City government a' ncy Emer�ency
Mana�ement Organization, which shall be under the supervision and control of a Director of Eivi�
Hcfense-Emergency Management Director, hereinafter called the Director. The Director shall be
appointed by the Mayor for an indefinite tecm and may be removed by the Mayor at any time.
The Director shall receive a salary, as may be prescribed by the City Council, and any necessary
expenses. The Director shall have the responsibility for the organization, administration and
operation of the E�vi�'Hefense-�4gencq Emer�ency Manas�ement Organization. subject to the
1.03
direction and control of the Mayor. The ' Emer�cv Management
Organization sha21 be organized into such divisions and bureaus, consistent with the state and
local civi}-�cfens�e emerg_.ency �reparedness plans, as the Director deems necessary to provide for
the eff cient performance of local civii-c�cfense emer�e�m�nagement functions during a�ivi�
�efense�n emergency. The ' Emergency Mana�emern Organization shall
perform ciivii-defei�e emergenc�mana�ement functions within the City and in addition shall
conduct such functions outside the City as may be required pursuant to the provisions of the
M'innesota Civil Defense Act of 1951, as amended, or this Chapter.
106.04. POWERS AND DLTTIES OF DIRECTOR
1. The Director, with the consent of the Mayor, shatl represent the City on any regionat or State
organization dealing with cnnil-dcfcnse emergency management: The Director shall develop
proposed mutua,t aid agreemerrts with other political subdivisions within or outside the State for
reciprocal civi�-deferise emergency mana�,,ement aid and assistance in�-civiMefense an emergency
too great to be dealt with unassisted, and shall present such agreements to the Council for its
action. Such arrangements shall be consistent with the State cnr�l-defense emergency plan and
during a�ivi�-defense an emergency, it shall be the duty of the ' Emergencv
Mana,gement Organization and ci��hd�c�nse emer�ency management forces to render assistance in
accordance with the provisions of such mutual aid arrangements. Any mutual aid arrangement
with a political subdivision of another state shall be sut�ject to the approval of the Governar.
2. The Director shall make such studies and surveys of manpower to detennine the '
�l�gency's Emer�enc,KManagement Organization's adequacy for civi�d�efense gmer e�ncX
mana e,g ment and to plan for its most efficient use in time of ' e an emergency.
3. The Director shall grepare a comprehensive genera� emer�cv plan for the civil-�defense
emer�ency_,�reparedness of the City and shall present such plan to the Council for its approval.
When the Council has approved the plan by resolution, it shall be the duty of all municipai
agencies and all civi�-dcfense emergen� management forces of the City to perform the duties and
functions assigned by the plans as approved. The plaa may be modified in like manner from time
to time. The Director shall coordinate the civ�-�cfcnse emergenc�preparedness activities of the
City to tlie end that they shall be consistent and fully integated with the cnr�hdeficnse emergencv_
plan of the federal government and the State and correlated with the ci��h3eferCSe emerRen�
plans of other political subdivisions within the State.
4. In accordance with the State and City civii-�efense emerstency plan, the Director shall institute
such training programs and public information programs and shall take all other preparatory steps
including the partial or full mobilization of civi�-dtferise emergency management forces in advance
of actual disaster, as may be necessary to prompt and effective operation of the City civi�-d�efcnse
emer�encv plan in time of e an emergency. The Director may, from time to time,
conduct such practice '- drills or other cnr'ch�efense emergen�r nre�aredness exercises
as are deemed necessary to assure prompt and effective operation of the Ci Emergency Pl�
when disaster occurs.
1.04
S. The Director shall utilize the personnel, equipment, supplies and facilities of existing
departments and agencies of the city to the maximum extent practicable. The officers and
personnel of all such departments and agencies shall, to the maximum extent practicable,
cooperate with and extend such services and facilities to the
Emer¢ency Management Organization and to the Governor upon request. The head of each
department and agency, in cooperation with and under the direction of the Director, shall be
responsible for the planning and programming of such ci�►�f,defense emergency prepared activities
as will involve the utilization of the facilities of their department or agency.
6. The Director shall, in cooperation with existing City department and agencies affected,
organize, recruit, and train -
> > ,
� emer encY mana ement personnel that may be required on a
volunteer basis to carry out the civi�-�efease emer�cy plans of the City and the State.
To the extent that such emergency personnel is recruited to augment a regular City department or
agency for civii-c�eferrse emergencies, they shall be assigned to such department or agency for
purposes of administration and command. The Director may dismiss any ci��ll-defcnse emergency
volunteer at any time and require that person to surrender any equipment and identification
furnished by the City.
7. Consistent with the civi�-�efcnse eme� plan, the Director shall 'p
' � > > ,
. coordinate the activity of
ci emerQencv management ort�anizations with the city and assist in establishinsz and conductin,,g
trairun� Droszrams as reauired to assure emer ency operational capability in the several services
(l�nnesota Statutes Chapter 12 12 25�
8. The Director shall carry out all orders, rules and regulations issued by the Governor with
reference to ci��ll--c�eferrse. emergency management
9. The Director shall direct and coordinate the general operations of all
emergencies in confornuty with controlling regulations and instructions of State civrl-r�efense
emergency mana ement authorities. The heads of departments and agencies shall be governed by
the �irector's orders in respect thereto.
10. Corisistent with the civi�eftcrse emer�enc,.y plan, the Director shall provide and equip at
some suitable place in the City a control center and, if required by the State civil-�tfense
emer ency plan, an auxiliary control center to be used during an emergency as
headquarters for direction and coordination of � emer ency management forces. The
director shall arrange for representation at the control center by municipal departments and
agencies, pubtic utilities and other agencies, authorized by federal or State authoriry, to carry on
zn�c� activities during ' an emergency. The Director shall arrange for the
installation at the control center of necessary facilities for communication with and between heads
of ci��-c}efens�e emergency mana ement divisions, stations and operating units of municipal
services, other agencies concerned with ci��l-dtfcrrse emer�ency mana ement other communities
1.05
and control centers within the surrounding area and with the federal and State agencies
concerned.
11. During the first thirty {30) days of a-civi��lzf�nse an emergency, if the legislatwe is in session,
or the Governor has coupled his or her declaration of the emergency with a call for a special
session of the legislature, the Director may, when necessary to save life or propert5►, require any
person, except members of the federal or state military forces and officers of the State or any
other political subdivisions, to perform services for civi�-defense emerge� mana e� ment purposes
and may commandeer, for the time being, any motor vehicles, tools, appliances or any other
property, subject to the owner's right to just compensatian as provided by law.
12. The director shall pre,_,pare and submit such reports on emergency_prgFaredness activities as
may be requested by the City Council.
106.�5. EMERGENCY PREPAREDNESS WORKERS
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2. Eivi��cfcnse 1.Emergenc�mana ement volunteers shail be called into service only in case o�a
civi�-�efense an emergenc� for which the regular municipal forces are
inadequate or for necessary training and preparation for such emergencies. All volunteers shall
serve without compensation.
2. Each cn�Mzfense emergency mana eg, ment volunteer shall be provided with such suitable
insig�nia or other identification as may be required by the Director. Such identification shall be in a
form.and style approved by the f�deral government. No volunteer shall exercise any authority
over.- the persons or property of others without displaying his or her identification. No person,
except an authorized volunteer, shall use the identification of a volunteer or otherwise represent
himself or herself to be an authorized volunteer.
4.3.No ci��ll-�efense emergency management volunteer shall carry any fireazm whiie on duty
except on written order of the Administrative Head of Police Department.
�.4. Personnel procedures of the City applicable to regular empioyees shall not appty to volunteer
7.06
civi�-defense �ggency m�an gement workers, but shall apply to paid employees of the Eivit
Emer�cy Management prganization.
106.06 LOCAL EMERGENCIES
1. A local emerQencv mav be declared only the �y M�yor of the citv or their leaal successors It
h�ll not be contu�ued for a neriod in excess of three days except by or with the consent of the citv
coun . An oY rder, or proclamation declarin� continuing or terminatin�; a local emer�te c,y ,shall
be aiven nromnt and Qeneral nublicitv and shall be Sled promptly bv the Ciri Clerlc/Records
Coorduiator.
2 1 f 1 inv k n f r
recoverv asoecta of anolicable local or interiurisdictional disaster�lans and mv auLh�rize aid and
assistance thereund r
3. Subdivision 3 No iurisdictional agency or official may declare a local emergency unless
e ressl authonzed b the a eement under which the a en functions. However an inter_
iurisdictional disaster a�encv sha11 provide aid and services in accordance with the agreement
under wluch it functions
106.86:07. EMERGENCY REGULATIONS
1. Whenever necessary to meet a cn�ihdc�ns�e declared eme�-gency or to prepare for such
emergency for which adeqaate regulations have not been adopted by the Governor or by the City
Council, the Mayor may by proclamation, promulgate regulations consistent with applicable
fed�ral or State law or regulation, respecting: _
a�anns; the conduct of persons and the use of property during-a�nns; emergencies: the repair,
maintenance, and safeguazding of essential public services; emergency health, fire and safety
regulations; drills, or practice periods required for preliminary training; and all other matters
which are required to protect public safety, health, and welfare ' m�g���. �
,
2. Every resolution of emergency regulations shall be in writing, signed by the Mayor, dated,
refer to the particular ci��-+�efense emergenc�, to which it pertains, if so limited, a,nd be filed in the
office of the City Clerk where a copy shall be kept posted and available for public inspection
durin�q business hours. Notice of the existence of such regulation and its availability for inspection
at the Clerk's office shall be conspicuously posted at the front of the City Hall or the headquarters
of the City and at such other places in the af�ected area as the 11�iayor shall designate in the
proclamation Thereupon the regulation shall take effect immediately or at such later time as may
be specified in the proclamation. By like proclamatioq the Mayor may modify or rescind any
such regulation.
1.�7
3. The City Council may rescind any such regulation by resolution at any time. Every such
regulation shall e�cpire at the end of thirty(30) days after its effective date or at the end of the
emergency to which it relates, which ever occurs first. Any ordinance or regulation inconsistent
with an emergency regulation promulgated by the Mayor shall be suspended during the period of
time to the extent that such conflict exists.
4. During a declared emergency, the City is, notwithstanding any statutory or charter provision to
the contrary, empowered through its governing body acting within or without the corporate limits
of the City, to enter into contracts and incur obligations necessary to combat such disaster by
protecting the health and safety of persons and property, providing emergency assistance to
victims of such disaster. The City may exercise such powers in the light of the exigencies of the
disaster without compliance with time-consuming procedures and formalities, prescribed by law
pertaining to the performance of public work, entering into contracts, incurring of obligations,
employment of temporary workers, rental of equipment, purchase of supplies and materials
limitations upon tax levies, and the appropriation and expenditure of public funds, for example,
but not limited to, publication of ordinances and resolutions, publication of calls for bids,
provisions of personnel laws and rules, provisions relating to low bids, and requirements for
budgets.
106� 08 PROCEDURE
1. There is hereby established an account in the generat fund to be known as th
Emer�ency Management Account. Into this fund shall be placed the proceeds of taxes levied for
civ�l!-c�eferrse emergency mana ement, money transferred from other accounts, gifts and other
revenues Qf the ' Emer�;ency Management Organization. From such
account, expenditures shall be made for the operation and maintenance of the f,-ivi��eferese
�gencq Emergenc� Manag..ement Organization and other expenditures for cn�ll-d�efcasc emergency
preparedness. Regular accounting disbursement, purchasing, budgeting and other financial
procedures of the City shall apply to the ' EmerRency Management
Organization insofar as practicable, but budgeting requirements and other financial procedures
shall not apply to expenditures from the account in any case when their appiication will prevent
compliance with terms and conditions of a federal or state grant of money or property for-tivi�
dtfense emergenc��regaredness purposes.
2. The Director shall, as soon as possible after the end of each fiscal year, prepare and present to
the City Council for the information of the Council and the public, a comprehensive report of the
activities of the ' Emergency PreRaredness Organization during the year.
106.68- .09. CONFORNIITY OF COOPERATION
Every officer and agent of the City shall cooperate with the federal and state authorities and with
authorized agencies engaged in c' ' emergency measures to the fullest possible extent
consistent with the performance of their other duties. The provisions of this Chapter and of all
� � 1.08
regulations made thereunder shall be subject to all applicable and controlling provisions of federal
and State laws and of regulations and orders issued thereunder and shall be deemed to be
suspended and inoperative so far as there is any conflict there�with. The ��f��Public Safetv
Director may appoim airy qualified person holding a position in any agency c�eated under federal
or State authority for civi�-de� emergency purposes as a special police officer of the City, with
such police powers and duties within the City incidern to the functions of that person's position,
not exceeding those of a regular police officer of the City, as may be prescni�ed in the .
appoimment. Every such special police officer shall be subject to the supervision and control of
the �rE;i�S�H Public Safetv Director and such police officers of the City as are desigaated.
�-66:89- 106.10 GOVEPS�IMENTAL F[JNCTION
1. All functions hereund� and all other activities relating to zivi�se ��y,m�gement
are hereby declared to be govemmental functions. The City and, except in cases of willful
misconduct, its officers, agent, empioyees, or representatives engaged in any tivil-def�ise
e�encX activities, while complying with or attempting to comply with the M'innesota Civil
Defense Act of 1951 as amended (�nn. Stats. 12.01 to 12.46) or with this Chapter or any rule,
regulation or order made hereunder, shaU not be liable for the death of or any injury to persons or
damage to property as a result of such activity.
2. The provisions of this Section s6all not affect the right of azry person to receive benefits to
which that person would otherwise be entitled under this Chapter or under Worker's
Compensation Law, or under any pension law, nor the right of any such person to receive any
benefits or compensation under au�r act of Congress.
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• �51
106.11 POLITICAL PARTICIPATION
The Eivi�-Hcf+ens�-�4gencq Emerg�y Management Orgazuzation shall not participate in any form
of political activity nor shall it be employed directly or indirectly for political purposes, not shall it
be employed in a legitimate labor dispute.
106.12 PENALTIES
Any violation of this chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of this code.
1.09
PASSED AND ADOPTED BY THE CITY COUNCIL OF 'Ti� CTTY OF FRIDLEY THIS
DAY OF , 1996.
ATTEST:
BILL CHAMPA - CTTY CLERK
First Reading:
Second Reading:
Pubiication:
WII.LIAM J. NEE - MAYOR
�.��
MEMORANDUM
PLANNING DIVISION
DATE: June 19, 1996
TO: Wiiliam Burns, City Manager`�,�„�l�"
FROM: Barbara Dacy, Community Development Department
SUBJECT: First Reading of an Ordinance Vacating an Easement in the
Southwest Quadrant Project Area, SAV #95-02
A public hearing vacating the 30 foot by 220 foot utility easement was conducted on
June 10, 1996, The first reading of the ordinance is now proposed,
Recommendation
Staff recommends that the City Council approve the first reading of the ordinance
vacating the utility easement.
•�
.
M-96-283
2.� �
ORDINANCE NO.
AN ORDINANCE UNDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO
AMEND APPENDI% C OF THE CITY CODE
The City Council of the City of Fridley does hereby ordain as
follows:
SECTION l. To vacate public easements described as follows:
South one-half (1/2) of vacated 64
1/2 Avenue N.E. lying north of Lot
One, Block One, Sylvan Hills Plat
Five, Section 14, Township 30,
Range 24, Anoka County, Minnesota,
and now platted as Christenson
Crossing.
Be and is hereby vacated.
SECTION 2. The said vacation has been made in conformance
with Minnesota Statutes and pursuant to Section
12.07 of the City Charter and Appendix C oi the
City Code shall be so amended.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY.
THIS DAY OF , 1996.
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA, CITY CLERK
Public Hearing: June 10, 1996
First Reading:
Second Reading:
Publication:
2.�2
CITY OF FRIDLEY
PLANNING COMMISSION MEETING� JUNE 5, 1996
CALL TO ORDER•
Chairperson Savage called the June 5, 1996, Planning Commission
meeting to order at 7:30 p.m.
Mr. Hickok stated that since the last Planning Commission meeting,
the City Council has appointed Ms. Savage as Chairperson of the
Planning Commission. Ms. Savage has stepped down as Chairperson of
the Appeals Commission and tonight will take her place as
Chairperson of the Planning Commission.
Mr. Hickok thanked Mr. Kondrick for being the Vice-Chairperson
during the interim.
ROLL CALL•
Members Present:
Members Absent:
Diane Savage, Dave Kondrick, LeRoy Oquist,
Connie Modig
Dean Saba, Brad Sielaff,
Others Present: Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Douglas Peterson, Atty., Independent School
District #14
Geraid Maeckelberh, North Suburban Hospital
District Board
Rosemary Goff, North Suburban Hospital District
Board
Betty Wall, North Suburban Hospital District
Board
Jackie Jedlicki, Fridley Convalescent Home
Gary Alberts, Fridley Convalescent Home
Alan Plorowski, Architectural Design Partners
PA
Rev. Gerald Peterson, 776 - 63 Avenue N.E.
Julia Peterson, 776 - 63 Avenue N.E.
Joan Egler, 6300 Jackson Street N.E.
Colleen Vianish, 7573 Lyric Lane N.E.
Janice Carroll, 7567 Lyric Lane N.E.
Norlan Lee, 644 - 63 Avenue N.E.
Rita Weglinski, 6281 Jackson Street N.E.
Joe Rystrom, 6291 Jackson Street N.E.
Ron Christiansen, 5884 Jefferson Street N.E.
APPROVAL OF MAY 15 1996 PLANNING COMMISSION MINUTES:
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the
May 15, 1996, Planning Commission minutes as written.
3.01
PLANNING COMMISSION MEETING JUNE 5 1996 PAGE 2
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED TH�
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT 96-
11, BY ARCHITECTURAL DESIGN PARTNERS: �
Per Section 205. 07.01. C. (8) of the Fridley City Code, to allow
an expansion of a convalescent home in an R-1, Single Family
Dwelling, zoning district, on Lot 1, Block l, Maple Manor
Addition, generally located at 7590 Lyric Lane N.E.
MOTION by Mr. Kondrick, seconded by Ms . Modig, to waive the reading
of the public hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M.
Ms. McPherson stated the special use permit request is by
Architectural Design Partners representing the Fridley Convalescent
Home which is located at 7590 Lyric Lane. The property is
generally located at the intersection of Madison Street and Lyric
Lane. To the north is the Fridley Medical Center, to the west is
Unity Hospital, and to the south is a single family residential
dwelling district. The request is being made to allaw the
expansion of the existinq convalesc�nt home.
Ms. McPherson stated the aonvalescent home�was constructed in 1965
after issuance of a special use permit. The existing convalescent
home is two stories high, 18,412 square feet in area, with a total
of 36,824 square feet and contains 129 beds. The proposal is to
allow a two-story addition that total 3,704 square feet on each
floor. The measurements are approximately 38 feet x 100 feet.
This addition would replace an existing modular unit which was
added in 1991. The purpose of the addition is to provide
additional office space, therapy space, and space for other
ancillary uses which provide services to the residents. Other
spaces within the existing convalescent home would be remodeiled to
provide improved dining facilities and additional famiiy visiting
space.
Ms. McPherson stated the addition meets the setback requirements of
the R-1 zoning district and the addition will not cause an increase
in lot coverage. The one section of the code that is at issue is
the number of parking stalls. In the medical office district of
the zoning code, a ratio of 1 parking space for every 150 square
feet of building area (1:150) is required for health services. The
term "health services" is not clearly defined in the code. If this
ratio is applied to this use, it results in 294 spaces being
required. The site provides -80 spaces. The petitioner has
provided a series of,parking lot surveys of the existing use which
supports the fact that the 80 spaces are adequate for the existing
3.02
PLANNING COMMISSION MEETING, JUNE 5, 1996 PAGE 3
use on site. The petitioner also provided some additional
information from adjacent communities regarding the number of
parking stalls required for this type of use. Based on those type
of ratios, the use would be in conformance with those more specific
parking ratios which address convalescent homes. Anywhere from 47
to 109 spaces would be required using the parking requirements in
other communities for convalescent homes.
Ms. McPherson stated that in reviewing the code, it appears the
1:150 ratio was required to address high turnover medical uses and
not nursing homes where a majority of the residents do not drive.
There is room on the site to provide approximately 23 additional
spaces. Doing so would remove existing green space and would
require the removal of an existing berm which provides screening
for the residential complex to the east. Based on the current use
of the site, the parking supply is adequate and, historically, the
City has not e�erienced that the site is under parked.
Ms. McPherson stated that with the exception of the number of
parking stalls, the proposed project meets the code requirements.
Staff recommends approval of the request with the following
stipulation:
1. Reuse of the facility for other than a convalescent home
will require review and approval by the Planning
Commission and the City Council.
Ms. Modig asked if the screening would be affected by additional
parking.
Ms. McPherson stated this will remain. If additional spaces were
to be provided in that area, this would be removed.
Mr. Kondrick asked if staff was comfortable with them expanding.
Ms.�McPherson stated staff is comfortable with the project as
proposed.
Mr. Kondrick asked that if the parking lot area were to be
expanded, would this require additional trees and shrubs?
Ms. McPherson stated staff would have to evaluate that.
Ms. Modig asked if staff had received any feedback from the
neighborhood.
Ms. McPherson stated she received one phone call from the caretaker
of the adjacent residential complex. After the proposal was
explained and clarified for the caller, there were no other issues.
3.03
PLANNING COMMISSION MEETING JUNE 5 1996 PAGE 4
Ms. Jedlicki stated they were not going to be adding to the
residential population and not adding staff. This is simply to
provide additional space for current services. It will be office
areas, classroom, therapy areas, a residents activity room, and a
beauty and barber shop. It will then free up space in the existing
building for the dining area and family visiting area.
Mr. Kondrick asked if they had experienced any parking problems in
recent years.
Ms. Jedlicki stated they do perhaps twice a year when they have
large family volunteer events. They then use parking at the
Fridley Medical Center.
Mr. Kondrick asked if the addition would be architecturally
compatible with the rest of the building.
Mr. Plutowski stated, yes. The goal is to replace the wood
structure. The expansion will match the existing materials so the
building will look like it was built as one.
Ms. Savage asked if there was any problem with the stipulation.
Ms. Jedlicki stated, no. She understand the home is with a special
use permit now.
Ms. Savage asked if they expected an increase in the number of
residents.
Ms. Jedlicki stated no. The State of Minnesota has had a
moratorium for a number years so nursing homes cannot add
residential beds unless they are in a private pay facility. They
will nat be adding beds.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECI,ARED THE
MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:42 P.M.
Mr. Oquist stated the request seems straight forward.
MOTION by Mr. Oquist, seconded by Ms. Modig, to recommend approval
of Special Use Permit, SP #96-21, by Architectural Design Partners,
to allow an expansion of a convalescent home in an R-1, Single
Family Dwelling zoning district, on Lot 1, Block 1, Maple Manor
Addition, generally located at 7590 Lyric Lane N.E., with the
following stipulation: �
3.04
PLANNING COMMISSION MEETING, JUNE 5, 1996 PAGE 5
1. Reuse of the facility for other than a convalescent home
will require review and approval by the Planning
Commission and the City Council.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED TH$
MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated this request would be considered by the City
Council on June 24.
2. PUBLIC HEARING• CONSIDERATION OF A PLAT REQUEST P S #96-01
BY INDEPENDENT SCHOOL DISTRICT NO 14:
To replat Blocks 1- 13, inclusive, Vineland Addition and Lot
12, Block 2, Shorewood Addition, into: Lots 1- 12, Bl�ck 1,
Tigerland Park and Lot 1, Block 2, Tigerland Park. This
property is generally located north of 51st Avenue, east of
7th Street, south of 63rd Avenue, and west of Jackson Street.
MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading
of the public hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PIIBI,IC HEARING OPEN AT 7.43 P.M.
Ms. McPherson stated the plat request is by Independent School
District 14 (ISD 14). The purpose of the.plat is to replat all of
Vineland Addition, platted in 1886, as well as Lot 12 of Shorewood
Addition. The subject parcel is bounded by 61st Avenue on the
south, 7th Street on the west, Jackson Street on the east, and by
what was originally piatted as 63rd Avenue on the north. This also
encompasses the area where the parking lot and driveway access into
the Fridley Middle School is located.
Ms. McPherson stated the purpose of the plat request is to resolve
a number of title issues between the City of Fridley and iSD 14.
As opposed to doing a lot split in order to split the property, the
property needs to be replatted because the type of property
underlying the middle school is torrens property which makes
splitting the property into two pieces more difficult.
Ms. McPherson stated the school district acquired the subject
parcel through condemnation, tax forfeiture, and direct dedication
from a resident. The property was acquired by the school district
through the 1930's, 40's and 50's. The school district became full
owner in 1955 and now owns the entire block of property. Since
1957, the City and school district have had a number of operating
agreements which outline both joint use and exchange of property
between the City of Fridley and�ISD 14.
3.05
PLANNING COMMISSION MEETING JUNE 5 1996 PAGE 6
Ms. McPherson stated there are a number of City properties which
are located on the west half of the subject parcel. There are ball
fields, a football field, a number of well houses, tennis courts,
a recently constructed picnic shelter, as well as the above ground
water tank and filter plant.
Ms. McPherson stated it is the intention that, once the property is
replatted, everything west of a somewhat centered Iine would be
transferred to the City of Fridley for ownership. Why are we doing
this? In 1994, Anoka County passed a solid waste fee which is
applied to commercial, industrial and institutional parcels in the
County to fund solid waste abatement and recycling programs. At
that time, the City began an analysis of all the City-owned parcels
to ensure that the City was paying the proper fees for the property
they owned. It became apparent that there was a property and title
issue with this particular property. The City and school district
have been working cooperatively for the last year to bring this to
fruition.
Ms. McPherson presented the plat of Tigerland Park, the proposed
name of the plat. She stated it contains 13 1ots, and the lots
have been created via the uses indicated on the drawing. The
creation of these lots w�s recommended by the County to facilitate
any future lease agreements. In general, the west portion of the•
property will be transferred to the City. The City will also
acquire a small lot in the northeast corner of the property which
contains one of the City's well houses and also a small portion
along the west shore of Moore Lake which is a portion of the Sand
Dunes Park area.
Ms. McPherson stated the subdivision ordinance does not set forth
specific areas or lot widths or uses on publicly zoned land. Nor
does the subdivision ordinance set forth lot areas or lot width
requirements for school uses on residentially zoned lots. However,
the parcels do exceed the minimum 9,000 square foot requirement as
set forth in the R-1 zoning district.
Ms. McPherson stated staff recommends approval of the plat request
to the City Council in order to facilitate the property transfer
between the school district and the City.
Ms. Modig asked how this would impact the residents.
Ms. McPherson stated there would be no impact. This is a
housekeeping�issue. There is no proposed construction. The City
and/or the school district do not intend to sell any of the land.
In reality, nothing that is in the field will change.
Mr. Peterson stated he was the attorney for the school district.
Over the last 1 1/2 years, the school distr.ict staff has worked
�.�s
PLANNING COMMISSION MEETING JIIN$ 5 1996 PAG$ 7
closely with City staff and the City surveyor. He has met with the
Anoka County Examiner of Titles to go through the process. He met
with the Registrar of Titles and the County surveyor. The proposal
is what has come out of those meetings. The school district had
not initially intended to plat all of the area, but because of
other title problems that do not affect any of the neighbors but
rather the way the property is described, the County required if
they were going to convey any of the property they had to replat
the entire area.
MOTION by Mr. Oquist, seconded by Mr. Kondrick, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:55 P.M.
Ms. Modig stated the request seems like a housekeeping item.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to recommend
approval of Plat Request, P.S. �96-01, by Independent School
District No. 14, to replat Blocks 1- 13, inclusive, Vineland
Addition and Lot 12, Block 2, Shorewood Addition, into: Lots 1-
12, Block 1, Tigerland Park and Lot 1, Block 2, Tigerland Park.
This property is generally located north of 61st Avenue, east of
7th Street, south of 63rd Avenue, and west of Jackson Street.
IIPON A VOICE VOTE, ALL 40TING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED TJNANIMOIISLY.
Ms. McPherson stated the City Council on June 24 will establish a
public hearing for July 8 to review this request.
3. VACATION REOUEST SAV #96-02 (A) BY INDEPENDENT SCHOOL
DISTRICT NO. 14'
To vacate stz�eets and alleys described as follows:
All of Washington Street, platted as llth Avenue on Vineland
Addition to Fridley Park, Anoka County, Minnesota.
All of Jefferson Street, platted as 12th Avenue on Vineland
Addition to Fridley Park, Anoka County, Minnesota.
All of Madison Street, platted as 13th Avenue on Vineland
Addition to Fridley Park, Anoka County, Minnesota.
All of Monroe Street, platted as 14th Avenue on Vineland
Addition to Fridley Park, Anoka County, Minnesota.
All of Quincy Street, platted as 15th Avenue on Vineland
Addition to Fridley Park, Anoka County, Minnesota.
3.07
PLANNING COMMISSION MEETING, JIINE 5, 1996 PAGE 8
All of Jackson Street, platted as 16th Avenue on Vineland
Addition to Fridley Park, Anoka County, Minnesota.
All of 62nd Avenue Northeast, platted as Kent Street on
Vineland Addition to Fridley Park, Anoka County, Minnesota.
All the alleys in Blocks 1 to 12 inclusive, Vineland Addition
to FridZey Park, Anoka County, Minnesota.
That part of 61st Avenue Northeast, platted as Court Street on
Vineland Addition to Fridley Park, Anaka County, Minnesota,
lying easterly of the east line of Block 12, extended
southerly, said Vineland Addition to Fridley Park.
63rd Avenue Northeast, platted as Astor Street on Vineland
Addition to Fridley Park, Anoka County, Minnesota.
All of the unnamed Half Avenue or Street, as platted on
Vineland Addition to Fridley Park, Anoka County, Minnesota,
said unnamed Avenue or Street, lying easterly of the east line
of Block 12, extended southerly, said Vineland Addition to
Fridley Park.
This property is generally located north of 61st Avenue, east.
of 7th Street, south of b3rd Avenue, and west of Jackson
Street. '
4. VACATION RE4UEST, SAV #96-02(B) BY INDEPENDENT SCHOOL
DISTRICT NO. 14•
To vacate streets and alleys described as follows:
All of Washington Street, as platted on Moore Lake Addition,
Anoka County, Minnesota, lying northerly of the north line of
60th Avenue Northeast, as platted on Moore Lake Addition, and
lying southerly of the south line of 61st Avenue Northeast, as
platted on said Moore Lake Addition.
AlZ of Jefferson Street, as platted on Moore Lake Addition,
Anoka County, Minnesota, lying northerly of the north line of
60th Avenue Northeast, as platted on Moore Lake Addition, and
Iying southerly of the south line of 61st Avenue Northeast, as
platted on said Moore Lake Addition.
All of Madison Street, as platted on Moore Lake Addition,
Anoka County, Minnesota, lying northerly of the north line of
60th Avenue Northeast, as.platted on Moore Lake Addition, and
lying southerly of the south line of 61st Avenue Northeast, as
platted on said Moore Lake�Addition.
3.08
PLANNING COMMISSION MEETING, JIINE 5, 1996 PAGE 9
All of Monroe Street, as platted on Moore Lake Addition, Anoka
County, Minnesota, lying northerly of the north line of 60th
Avenue Northeast, as platted on Moore Lake Addition, and lying
southerly of the south line of 61st Avenue Northeast, as
platted on said Moore Lake Addition.
All the alleys in Blocks 2 to 6, inclusive, Moore Lake
Addition, Anoka County, Minnesota.
This property is generally located north of 59th Avenue, east
of 7th Street, south of 61st Avenue, and west of West Moore
Lake Drive.
5. VACATION RE4UEST SAV #96-02(C) BY INDEPENDENT SCHOOL
DISTRICT NO. 14-
To vacate streets and alleys described as follows:
Al1 of Washington Street, as platted on Moore Lake Addition,
Anoka County, Minnesota, lying northerly of the north line of
59th Avenue Northeast, as platted on Moore Lake Addition, and
lying southerly of the south line of 60th Avenue Northeast, as
platted on said Moore I,ake Addition.
All of Jefferson Street, as platted on Moore Lake Addition,
Anoka County, Minnesota, lying northerly of the north line of
59th Avenue Northeast, as platted on Moore Lake Addition, and
lying southerly of the south line of 60th Avenue Northeast, as
platted on said Moore Lake Addition.
Al1 of Madison Street, as platted on Moore Lake Addition,
Anoka County, Minnesota, lying northerly of the north line of
59th Avenue Northeast, as platted on Moore Lake Addition, and
lying southerly of the south Zine of 60th Avenue Northeast, as
platted on said Moore Lake Addition.
All of Monroe Street, as platted on Moore Lake Addition, Anoka
County, Minnesota, lying northerly of the north line of 59th
Avenue Northeast, as platted on Moore Lake Addition, and lying
southerly of the south line of 60th Avenue Northeast, as
platted on said Moore Lake Addition.
59th Avenue, as platted on Moore Lake Addition, Anoka County,
Minnesota, lying easterly of the west line, extended southerly
of Block 10, said Moore Lake Addition, and lying westerly of
the east line, extended southerly, of Block 11, said Moore
Lake Addition.
59th Avenue, as platted on Moore Lake Addition, Anoka County,
Minnesota, lying westerly of the shoreline of Moore Lake and
lying easterly of the following described line: Beginning at
3.09
PLANNING COMMISSION MEETING JIINE 5 1996 PAGE 10
the southwest corner of Block 12, said Moore Lake Addition;
thence southeasterly to the northwest corner of Lot l, Block
l, Donnay's Lakeview Manor Addition, Anoka County, Minnesota,
and said line there terminating.
60th Avenue Northeast, as pZatted on Moore Lake Addition,
Anoka County, Minnesota, lying easterly of the west line,
extended southerly, of Block 6, said Moore Lake Addition, and
lying westerly of the shoreline of Moore Lake, said Moore Lake
Addition.
Al1 the alleys in Blocks 7 to 11, inclusive, Moore Lake
Addition, Anoka County, Minnesota.
This property is generally located north of 59th Avenue, east
of 7th Street, south of 61st Avenue, and west of West Moore
Lake Drive.
Ms. McPherson stated the three vacation requests are related. The
purpose of the requests is to vacate the streets and alleys. They
have bee separated into three requests to keep the issue of the
ownership and petition straight and to keep the location portion
separate. Part A of the request is to vacate all streets and
alleys located in the Vineland Addition. The second request, Part
B, is to vacate streets and alieys located in Blocks 1- 6 and 12
of Moor� Lake Addition, which is the parcel south of 61st Avenue
and north of 60th. This parcel is actually owned by the City of
Fridley. Part C is to vacate the streets and alleys in Blocks 7-
11, Moore Lake Addition, which is a parcel bounded by 7th Street on
the west, what would have been 60th on the north, and north of 59th
Avenue on the south and into the Sand Dunes Park area to the east.
Ms. McPherson stated this is a housekeeping issue. The school.
district acquired the parcel in Vineland Addition through
condemnation, tax forfeiture, and direct dedication. The second
part of the request, which is owned by the City of Fridley, was
acquired in 1954 through condemnation to establish public parks.
In 1957, Parkview Elementaxy School (now the community center) was
constructed. It is anticipated that the City will declare this
parcel excess and will transfer tY�at to the school district. The
third parcel is owned by the school district and was acquired in
1958 through condemnation. Construction of the high school began
in 1957.
Ms. McPherson stated the site is fully developed with a variety of
school and City facilities. It is not anticipated that any
development requiring the use of those streets and alleys will take
place in the Vineland plat. The same is true of the south portion
of the site. The school has a number of facilities constructed
throughout the subject parcels. No need is seen to construct
3.10
PLANNING COMMISSION MEETING JIINE 5 1996 PAGE 11
streets or alleys within those platted right-of-ways. It appears
that at one time the streets and alleys were vacated; however, the
paperwork trail becomes a bit fuzzy. in order to make sure this is
done properly, staff is reprocessing the request.
Ms. McPherson stated staff recommends approval of the vacation
requests.
Ms. Modig asked if this could impact the neighbors.
Ms. McPherson stated that from looking at it on paper, she would
say it may. She received a call from a resident who was concerned
about the vacation of the right-of-way of 63rd Avenue which is to
the rear of residential dwellings located north of the Vineland
plat. There is an access road used by the City to access the well
houses. Some of the properties have gates in the rear fence.
Ms. Kondrick asked if this road would remain open.
Ms. McPherson stated staff is proposing to vacate it and bring it
into the City owned lot as part of the plat. Based on testimony
that may be received regarding the request, they aan amend the
preliminary plat to address that issue.
Mr. Kondrick asked how the City vehicles gain access to the pump
houses.
Ms. McPherson stated the City will own the land so the City will
have access to the well houses through the City's own lot. It just
will not be a dedicated street. This will not physically change
anything.
Mr. Oquist stated south of the high school is an alley. Will that
stay?
Ms. McPherson stated this is proposed to be vacated. It will then
become a driveway. It was never constructed to be a public street.
Ms. Modig asked that if this is done and someone is using that road
to the rear of the residential properties, other than a City
employee or a City vehicle, would a resident then be considered to.
be trespassing?
Ms. McPherson stated she was not sure that the public actually uses
these roads. There is a parking lot that provides access to the
parking facilities on Commons. . The public still can use that
facility. In terms of the school district, it appears there is a
parking lot which does access the school's garage. If there is a
public purpose, she believed the City has an agreement with the
3.11
PLANNING COMMISSION MEETING JUNE 5 1996 PAGE 12
school district for joint parking to provide access to those
facilities.
Mr. Peterson stated the roadway or the access to the wells at the
north end of the property will be ultimately transferred to the
City. The school district does not use that road for any reason.
This is basically a City issue rather than a school district issue.
The issue with regard to the vacation of the alley to the south,
that really would take on the same characteristic as a parking lot
or a driveway access. The City and school district have a recorded
easement agreement for parking and use of the property to the
southwest. The only other clarification is the property that is
along the lake shore immediately east of West Moore Lake road. It
is owned by the City. The school district petitioned for the
vacation of the streets there. There is really nothing there, but
this is to accomplish cleaning this thing up.
Mr. Christiansen stated he had a question about the area from 7th
Street to Jefferson Street and up 59th Avenue and not including the
walkway that goes over to the school. According to the map, it
indicates vacation of that street aZso.
Ms. McPherson stated this was an error on the map. That wi11 not
be vacated.
Mr. Christiansen stated there is a gate on the north end which is
closed unless the City is accessing those wells.
Mr. Lee stated that regarding the service road to the north, some
residents make use of that by having garbage hauled out of the
back. Will they be affected by the vacation?
Ms. McPherson stated she was not aware of that. Staff can research
that with the garbage haulers. If the City needs to provide an
easement to continue this service, they can do so.
Mr. Oquist asked how the haulers get in.
Mr. Lee stated they use the gate. Either the City opens the gate
or it is open. Woodiake uses the back and he has also seen other
trucks using that road also.
Ms. Weglinski stated she lives across the street from the well
house. Will that stay on the school property?
Mr. McPherson stated this will remain as it is but the City will
receive ownership of the land. Everything else will stay the same.
Ms. Weglinski asked if the City would sell that property.
3.12
i
,
PLANNING COMMISSION MEETING JIINS 5 1996 PAGE 13
Ms. McPherson stated that if the City ever decided ta sell the
praperty, a public hearing would be conducted and neighbors would
be notified.
MOTION by Mr. Oquist, seconded by Mr. Kondrick, ta recommend
approval of Vacation Request, SAV #96-02, by Independent School
District No. 14.
UPON A V�ICE YOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED T$E
MOTION CARRIED IINANIMOUSLY.
Ms. Modig asked staff to check further on the statement regarding
the use of the access road to the north by the refuse haulers.
6• RECEIVE THE MINUTES OF THE ENVIRONMENTAL UALITY & ENERGY
COMMISSION MEETING OF APRIL 16 1996
MOTION by Ms. Modig, seconded by Mr. Oquist, to receive the minutes
of the Environmental Quality & Energy Coinmissian meeting of
April Z6, 1996.
UPON A VOICE YOTE, ALI, VOTING AYL, C$AIRPERSON SAVAGE DECLARED THE
MOTION CARRIED IINANIrqOIISLY.
7. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING O
8. T996
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the
minutes of the Appeals Commission meeting of May 8, 1996.
IIPON A VOICE VOTE, ALL VOTIN� AYE, CHAIRPERSON SAVI�GE DECI,ARED TgE
MOTION CARRIED LTNANIMOIISLY.
$• RECEIVE THE MINUTES OF THE HUMAN RESOURGE COMMISSION MEETING
OF MAy 2, 1996
MOTION by Mr. Oquist, seconded by Ms. Modig, to receive the minutes
of the Human Resource Commission meeting of May 2, 1996.
IIPON A VOICE VOTS, ALL VOTING AYS� CHAIRPLR3UN SAVAGE DECLARED THE
MOTIC}N CARRIED UNANIM�IISLY.
9. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION
MEETING OF MAY 6 1996
MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the
minutes of the Parks & Recreation Commissian meeting of May 6,
1996.
� - ;�R
3.y3
PLANNING COMMISSION MEETING, JIINE 5, 1996 PAGE 14
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANZMOIISLY.
OTHER BUSINESS•
Mr. Hickok provided an update on requests that had previously come
before the Planning Commission.
ADJOURNMENT•
MoTION by Mr. Kandrick, seconded by Mr. Oquist, to adjourn the
meeting.
IIPON A VOICE V�TE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE JUNE 5, 1995, PLANNING COMMISSION MEETING
ADJOURNED AT 8;15 P.M.
Respectfully submitted,
�
L onn Cooper �
Recording Secretar�
3,�4
Staff Report
SP #96-11 by Architecturai Design Partners
Page 2
PLANNING COMMISSION ACTiON:
The Planning Commission voted unanimously to concur with the staff recommendation.
CITY �OUNCIL RECOMMENDATION:
Staff recommends that the City Council concur with the Planning Commission action.
PROJECT DETAILS
Petition For: A special use permit to allow expansion of a convalescent
home in a single family zoning district.
Location
of Property:
Legal Description
of Property:
Size:
Topography:
Existing
Vegetation:
Existing
Zoning/Platting:
Availability
of Municipaf
Utilities:
Vehicular
Access:
�� a� Pedestrian
Access:
�7590 Lyric Lane N.E.
Lot 1, Block 1, Maple Manor Addition
125,517 square feet; 2.88 acres
Flat
Typical suburban; sod, trees, shrubs, etc.
R-1, Single Family Dwelling; Maple Manor Addition
Connected
Lyric Lane and Madison Street
N/A
4.02
Staff Report
SP #96-11, by Architectural Design Partners
Page 3
Engineering
Issues:
Site P{anning
issues:
ADJACENT SITES
WEST:
SOUTH:
EAST:
NORTH:
Gomprehensive
Planning Issues:
Public Hearing
Comments:
REQUEST
N/A
Zoning: R-1, Single Famiiy Dwelling
Zoning: R-1, Single Family Dwelling
Zoning: R-3, General Multiple Family
Land Use: Hospital
Land Use: Residential
Land Use: Apartments
Zoning: CR-1, General Office � Land Use: Medical Clinic
R-3, General Multiple Family Apartments
No one at the meeting spoke regarding the project.
The petitioner requests that a special use permit be approved to allow expansion of an
existing finro-story convalescent home. The proposed addition would require removal of
an existing modular office located at the east end of the convalescent home. The
addition is comprised of finro stories, each with 3,704 squase feet (38' x 100'). In
addition, the easterly parking lot would be expanded to the north by 10 feet to obtain
additional parking spaces.
PARCEL DESCRIPTfON AND HISTORY
The subject parcel is located in the northeast corner of the intersection of Lyric Lane
and Madison Street. Located on the subject parcel is a two-story convalescent home
which is 18,412 square feet in area (36,824 total) and contains 129 beds. In 1965, a
special use permit was issued to Medicare Development Company for construction of
the convalescent home. The City issued building permits in 1982 and 1991 for
construction of a garage and modular addition to the building. In 1985, the
4.03
Staff Report
SP #96-11 by Architectural Design Partners
Page 4
convalescent home applied for and received a special use permit to allow a parking lot
expansion in an R-1, Single Family Dwelling zoning district.
ANALYSIS
The proposed addition will replace the existing modular addition added in 1991. The
purpose of the addition is to provide additional office spac,e, therapy space, and
ancillary uses providing services to the residents. Additional spaces within the existing
building will be remodeled to provide improved dining and family visiting spaces.
The proposed addition meets the setback requirements set forth in the R-1 zoning
district. The addition will not increase the lot coverage over 40% maximum as
permitted for medical uses.
At issue is the number of parking stalls provided. The code requires one space for
every 150 square feet of building area for "health services". The site p�ovides 80
spaces; however, 294 spaces are required by code. The petitioner submitted
information regarding the existing use of the parking lat. Based on the petitioner's
parking lot survey, there are befinreen 7- 32 spaces available in the parking lot
depending on the number of staff and visitors in the building. The number of parking
stalls does exceed the largest number of employees on any given shift. The petitioner
also submitted information from adjacent communities regarding the number of parking
stalls required for similar uses. Based on the analysis of these adjacent City
requirements, the use is in conformance with these parking standards. Anywhere from
47 - 109 spaces would be required using the other cities' requirements. The intent of
Fridley's code was apparently to regulate high tumover medical uses and not nursing
homes.
The site could provide 11 additional spaces adjacent to the east property line; however,
this would require removal of a berm and landscaped area which screens the use from
an adjacent multi-family residential use. An additional 12 spaces couid be added atong
the north property line. Based on the current use of the site, the parking supply is
adequate, and historically, the site has not been underparked. Staff has, however,
recommended that a stipulation require review and approval by the Planning
Commission and City Council should the use ever change to that other than a
convalescent home.
The petitioner will need to modify the drainage swale located along the north property
line in order to meet the Engineering requirements.
4.04
Staff Report
SP #96-11 by Architectural Design Partners
Page 5
RECOMMENDATION
As the proposed addition meets the requirements of the standards for medical uses,
with the exception of the parking stalls, staff recommends that the Planning Commission
recommend approval of the request to the City Council with the following stipulation:
1. Reuse of the facility for other than a convalescent home will require review and
approval by the Planning Commission and the City Council.
PLANNING COMMISSION ACTION:
The Planning Commission voted unanimously to concur with the staff recommendation.
CITY CQUNCIL RECOMMENDATION:
Staff recommends that the City Counci! concur with the Planning Commission action.
4.05
�
7590 Lyric Lane
SP 96-11
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PARK RIVER CARE CENTER - Coon Rapids, MN
104 Residents
125 Employees
No city standard for nursing homes. With expansion in '84 city determined
48 parking spaces were adequate. City agreed parking should not be determined
by bldg size or employee number but number of cars generally needing parkinb
space each shift.
This facility does outpatient therapy also
HERITAGE OF INNSBRUCK - New Brighton, MN
108 Residents
140 Employees
No specific city standards for nursing homes. Used average car count as
guide.
Have 80 parking spaces available
Have outpatient therapy programs
FRIDLEY CONVALESCENT HOME - Fridley, MN
129 Residents
155 Employees
78 parking spaces = 2 additional sometimes used at N end of East lot
No outpatient therapy programs or adult day care.
Parking has been very adequate for staff and visitors. Parking study
run for 4-6 weeks for City of Fridley resulted in ample parking.
Not all employees drive to work:
Routinely take the bus - 2(day shift)
Employees who walk to work - 6(day shift)
2 (pm shift)
Employees who car pool - 4(routinely on day shift)
2 (sometimes day shift)
b (routinely on pm shift)
2 (sometimes on night shift)
Number of employees working each shift:
Day Shift, weekdays 62
Day Shift, weekends 40
PM Shift, weekdays & weekends 31
Night Shift, weekdays/weekend 8
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Brooklyn Center
Parking Survey
Contact Requirements
Ron Warren 1 space per every 4 beds, 1 space per every 2 employees,
1 space per staff doctor.
New Brighton Ernie Mattila
Maple Grove Dick Edwards
Spring Lake Park Clark
Saint Anthony Kim Psych
4 spaces to start then add 1 per every 3 beds, 1 per
doctor, 1 per each employee on the major shift.
4 spaces to start then add 1 space per every 3 beds.
1 space per every 4 beds & 1 per every 2 employees.
1 space per every 5 beds & 1 per every employee on the
major shift '
♦ � �
A R C H I T E C T U R A L D L�'S� T"G N P A R T� N E i2 S, P. i� .
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�~ , i,fi,il:' '�.lj)I(IS. iv�i.� J:��::: -�_; _
612 �1?1 3855
November 2, 1993
.iil,i� 11U\y:i:.
f 1!tll:'�. (�iiJ ;'. . . _ . .
f 7 _.-�i:' 1-_ �. ;
Barbara Dacy
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
RE: Fridley Convalescent Home
Dear Barb:
o,`.
�it--.�
Mercy & Unity
Hospltals
J1rulNe�pm��flrU�terCa/iun♦
Enclosed is a copy of the parking survey for the months of September and October for
Fridley Convalescent Home. .
As we diseussed, we will conduct another study in December to determine if there is ar:y
impaet on the available stalls during the holidays.
Sincerely,
Operations VYce President
Reply to Mercy address
Phone: (6i2) 422-4�OS
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♦
• INTERIORS �•
• DESIGN •
May 3, 1996
Barbara Dacy
Gity of Fridley
6431 University Avenue N.E.
Fridley, Minnesota 55432
Ms. Dacy:
Enclosed in this submittal you will find:
l. Special Use Permit Application
2. Development Team Outline
3. Project Scope Description
4. Three Sets of 30"x42" drawings of the proposed addition
5. One unbound set of 8 1/2" x 11" reduced drawings.
6. Parking Survey counts dated 11/?.�93
7. Number of Employee per shift outline
8. Parking Survey of sunounding city parking requirements for nursing homes.
The mechanical system has not been determined yet so no rooftop screening is shown at this time. The system
will require a mechanical unit of on the roof. We w�71 provide screening per the city requirements once the
size and location of the roof equipment has been determined.
The dumpster is located to the north of the nursing home and west of the existing garage. The dumpster is
fully enclosed by a waod fence. No additional dumpsters are anticipated when the new addition is in
operation.
The existing site is full of mature plantings. Due to the limited area around the site no additional plantings
are proposed. The landscaping is limited to uew sod around the addition.
Site contours w�l match the existing drainage pattern. The drainage swale to the north wi11 continue to serve
the east parking lot and bu�lding replacement..
Please feel free to call if you have any further questions.
Sincerely,
(/ix.,`r.,"._ `�������
Alan J. Plutowski, AIA
Architect, Partner
♦
M i n n e a p o 1 i s M a n k a t o
♦ � �
♦ 215 Main Street North East ♦ Minneapolis, Minry�so��5413 ♦ (612) 331-7150 ♦ Pager (612) 899-1723♦
��r. � v
Project Scope
Proposed Addition:
Remove the existing one story modular office and replace with a two story addition attached to the east wing
eacterior wall of Fridley Convalescent Home located at 7590 Lyric Lane Fridley, Minnesota. Each floor of the
proposed addition is 3,704 gross square feet for a total of 7,408 gross square feet. The proposed eonstruction
is masonry exterior bearing wall with steel beam and column bearing at the interior center span and precast
concrete plank second floor and roof structure. The floor heights will match the existing building (9'-4" IIoor
to floor). The design of the additon (both interior and elcterior) and finish materials will also match the
existing building. Sitework is limited to elctending the east parking lot north 10' and the replacement of
bitminous disturbed by new construction.
Existing renovation:
l. Convert the e�sting physical therapy space into resident dining by removing the •e�tisting toilet room
(located on second floor, north wing).
A. Remove to�let and lavatory and cap plumbing inside wa1Ls.
B. Remove earisting ceramic floor in area of toilet and patch to match existing seamless sheet vinyl
flooring.
C. Remove ceramic wall t�1e on remaining east to�et room wall.
D. Remove acoustical t�e ceiling and spray texture bottom of existing concrete plank to match area
around existing to�et.
E. Remove existing exhaust fan.
F. Add one surface mounted fluorescent light fixture to match existing in area above removed to�7et
room.
G. Repaint entire space.
2. Convert fhe existing barber and beauty shop back to a patient tub room (located on first floor center of
building serving west wing).
A. Remove gypsum board walls exposing existing t�7e to remain.
B. Revise plumbing connections to accommodate a special bathing tub provided by owner.
C. Patch to match existing ceramic t�e floors and walls. Repaint walls above ceramic t�e.
3. Convert the existing business office into a toilet room to serve central bathing as descnbed in #2.
A. Remove gypsum board walls exposing existing t�e to remain.
B. Relocate plumbing fixtures from #1 and connect to existing rough-ins.
C. Patch to match existing ceramic t�1e floors and walls disturbed by new construction. Repaint walls
above ceramic tile.
D. Provide mechanical exhaust to elcterior.
4. Remove existing hot water boiler and replace as specified in section 15600 Heating in eacisting mechanical
room .
5. Install a fire protection sprinkler system on first and second floors of existing building as specified in 15330
Sprinkler System.
�
� ♦
A R C H 1 T E C T U R A L D j��S'117G N P A R T. N E R S, P. A.
Project Team
Project Nursing Home Addition
Fridley Convalescent Home
7590 Lyric Lane
Fridley, Minnesota 55432
(612) 786-7700
Rosemary Goff, Chair of North Suburban Hospital DisLrict Board
Gary Alberts, �ice President of Operations
Jacqueline Jedlicki, Administrator
Steve Mosey, Fac�7ity Engineer
Architect: Architectural Design Partners, P.A.
215 Main Street North East
. Minneapolis, Minnesota 55413
(612) 331-7150
Structural Engineer.
Mechanical/Electrical:
Alan Plutowski, Project Principal/Architect
Kevin Rush, Spe�cation
Lynette Erdman-Fettig, Interior Design
Brenda Gagnon, Architectural Technician
Daniel Gaardsmce, Sitework
Structural Design Associates, Ina
6860 Shingle Creek Parkway, Suite ZOi
Minneapolis, Minnesota 55430
(612) 560-5300
Gregory J. Duer; P.E., Project Engitteer
Dorance J Thoru, Project Manager
Mukhtar N. Giader, P.E. Project Engineer
Dunham Associates
8200 Normandale Blvd., Suite 500
Minneapolis, MN 55437-1060
{612) 820-1400
Larry Beckwith, P.E., Project Principal
Jeanne Niosi, Fledrical Designer
Dan Johnson, Electrical Designer
Susan A}ilers, E.I.T., Mechanical Designer
David Helberg, Plumbing and Fire Protection
♦ � �
A R C H I T E C T U R A L D� S"! �Ci N P A R T N E R S, P. A.
MEMO�.ANDUM
PLAS�TNING DI�ISION
DATE: June 20, 1996
TO: �Iliam Burns, City Manager � �
'�
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Ptanning Coordinator -
Michele McPherson, Planning Assistant
SUBJECT: Establish Public He�aring for Plat Request, P.S. #96-01, by
Independent School District #14
The Planning Commission conducted a public hearing regarding tha plat request at
its June 5, 1996 meeting. The request is #o replat all of Vineland Addition, generally
located north of 61 st Avenue, east of 7th Street, south of 63rd Avenue, and west of
Jackson Street. It encompasses the Middle School and Commons Park properties.
The Planning Commission voted unanimously to recommend approval of the request
to the City Council. .
Staff recommends that the City Council estabtish July 8, 1996, as the date of the
public hearing.
MM/dw
M-96-273
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DATE: June 20, 1996
MEMORANDUM
PLANNING DIVISION
TO: William Bums, City Manager ,��
�
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Ptanning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Establish Public Hearing for Vacation Request, SAV #96-02 (A) -
(C), by lndependent School District #14
The Planning Commission conducted an informal hearing regarding the three
vacation requests at its June 5, 1996 meeting. The requests are to vacate streets and
apeys located in Vneland Addition and B�ocks 1- 12, Moore take Addition. They are
generally located in the property covered by the Commons Park ball field, Middie
School, High School, and the Community Cerrter. The Planning Commission voted
unanimously to recommend approval of the requests to the City CounciL
The City Charter requires the City Council to conduct a public hearing for al1 vacation
requests. Staff recommends that ifie City Council establish July 8, 1996 as the date
of the public hearing.
MM/dw
M-96-272
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MEMOR.ANDUM
PLArTl�TING DIVISION
DATE: June 20, 1996
TO: Wiiliam Burns, City Manager ,��'
�-It
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Extension of Special Use Permit, SP #95-06, by ADE Leasing;
7609 University Avenue N.E.
On Jufy 24, 1995, the Fridtey City Council approved a special use� permit for ADE
Leasing to aflow an automobile senrice station and motor vehicle fuel and oil
dispensing service in a C-2 zoning district on property generally located at 7609
University Avenue N.E. Section 205.04.G of the zoning code states that special use
permits will expire within one year if construction has not commenced.
Staff informed the petitioner in May that their special use permit would expire on July
24, 1996. We received the attached letter from the petitioner requesting an extension
of six months to allow finalization of financing and design and commencement of
construction during the fall of 1996.
Staff recommends that the City Council approve a six month extension to ADE
Leasing to allow construction to begin.
MMJdw
M-96-274
7.01
HEARTLAND AUTOMOTIVE SERVICES, INC.
11308 Davenport St.
The Atrium Building
Omaha, NE 68154-5649
�402) 333•0990
FAX (402j 333•2338
i�Iichele McPherson
Planning Assistant
City of Fridley
Fridiey Municipai Center
6431 University Avenue N.E.
Fridley, Minnesota 55432
re: Speciat Use Permit for 7609 University :�venue
Dear btichele,
May 28, 199b
I am in receipt of youur letter dated May ?, 1996 informing us ihat the Special Ljse Pernut applicable to our
site located at 7609 University Avenue will expire on July 24, 1996.
Please use this letter as a formal request to extend the period of the Special Use Pernut for an additional
period of six months. We are in the process of finalizing our financing and design on the property and
hopefully will commence construction during the Fall of 1996.
If there is any problem in obtaining this extension request, please feel free to contact me at the above
referenced address or phone number.
I thank you for norifying us of the Special Use Petmit deadline. As always, should you have any questions
or concerns, please feel free to call.
Sincerely,
.�G�" �r.��G�
Phiilip D. Meyers
Chief Executive Officer
7.�2
Austin • Kansas City • Lincoln • Minneapolis • Omaha • St. Louis • St. Pau! • Topeka
�
_
CI�IY OF
FRtDLEY
FRIDI.EY MUNICfPAL CENTER • 6-131 UNIVERSiTY AVE. N.E. FR[DLEY. MN 5��332 •(61�) �71-3�50 • FAX (61?) 571-1287
May 2, 1996
John Anderson
ADE Leasing
108i 2 Nesbi�t Avenue South
Bloomington, MN 55437
Dear Mr. Anderson:
On Ju1y 24, 1995, the Fridley City Council officially approved your request for a special
use permit to allow an automobile service station and motor vehicle fuel and dispensing
service at the property generally located at 7609 University Avenue. The Fridley City
Code requires construction to occur within one year of the City Council approval. Your
special use permi# will expire on July 24, 199ti.
If you do not anticipate construction beginning prior to that date, and you wish the
special use permit to remain valid, please submit to my office no later than .lune 1,
1996, a letter requesting an extension. Your request will then be scheduled for the next
available Council meeting. If you have any questions or concerns regarding this issue,
please contact me at 572-3593.
Sincerely,
c
`'�ti"'`' -�p,� ac��
�� .
Michele McPherson
Planning Assistant
MM:Is
C-96-82
7.03
,�
MEMORANDUM
PLA,NNING DIVISION
DATE: June 18, 1996
TO: William Burns, City Manager �r
�
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Lisa Campbe� �(�"lanning Associate
�� ,
SUBJECT: Council Action: Consideration of 1996 Joint Powers Agreement
for Residentiai Recycling Services
In 1�96, Anoka County received $762,937 in SCORE funds from the State of
Minnesota. SCORE stands for the Govemor's "Select Committee bn Recycling and the
Environment". SCORE funds are generated from the 6.5% sales tax on refuse hauling
services. ..
Anoka County is redistributing the entire dollar amount of SCORE funds to its
municipalities and townships through joint powers agreements. The 1996 joint powers
agreement for residential recycling with the City of Fridley is attached for your review.
This year the City of Fridley is eligible for up to $78,250.36. The 1996 funding formula is given
below:
I3ase Amount + 6. 02 per househvld + bonus payment = Eligibility Amount
The 1996 eligibility level is given below:
$10, 000 + $66, 015.32 + $2,235. 04 = $78,250.36
The joint powers agreement must be executed by the Mayor before staffcan pursue
reimbursement for eligible expenses. Staff recommends that the City Council authorize the Mayor
to execute the 1996 Anoka County 7oint Powers Agreement for residential recycling services.
If you have any questions regarding this matter, please feel free to contact Barbara Dacy at
extension 590.
LC:Is M-96-281
8.01
Anoka County Contract J/ gpp23q-6
AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM
THIS AGREEMENT made and entered into on the 23rd day of April, 1996, notwithstanding
the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota,
hereinafter referred to as the "COUNTY", and the CITY OF FRIDLEY, hereinafter referred to as the
"MUNICIPALITY" .
WITNESSETH:
WHERF.AS, Anoka County has received $762,937 in funding from the State of Minnesota
pursuant to Minn. Stat. § 115A.557 {hereinafter "SCORE funds"); and
WI�REAS, the Counry wishes to assist the Municipality in meeting recycling goals established
by the Anoka County Boazd of Commissioners by providing said SCORE funds to cities and townships
in the County for solid waste recycling programs.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this
Agreement, the parties mutually agree to the following terms and conditions:
1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County
and the Municipality to implement solid waste recycling programs in the Municipality.
2• TERM. The term of this Agreement is from January 1, 1996 through December 31, 1996,
unless earlier terminated as provided herein.
3. PROGRAM. The Municipality shall develop and implement a residential solid waste recyciing
program adequate to meet the Municipality's annuai recycling goal of 2,459 tons as established
by the County. "Recyciing" means the process of coItecting and preparing recyclable materials
and reusing the materials in their original form or using them in manufacturing processes that do
not cause the destruction of recyclable materials in a manner that precludes further use.
"Recyclable materials" means materials that are separated from mixed municipal solid waste for
the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, and vehicle
batteries. Refuse deriverl fuel or other material that is destroyecl by incineration is not a
recyclable material. "Problem material" shall have the meaning set forth in Minn. Stat. §
115A.03, subdivision 24a. "Yard waste" shall have the meaning set forth in Minn. Stat. §
115A.931.
4. REPORTING. The Municipality shall submit the following reports semiannually to the County
no later than July 20, 1996 and January 20, 1997;
A. An accounting of the amount of waste which has been recycle�l as a result of the
Municipality's activities and the efforts of other community programs, redemption centers
and drop-off centers. For recycling programs, the Municipality shall certify the number
of tons of each recyclable material which has been collected and the number of tons of
each recyclable material which has been mazketed, For recycling programs run by other
persons or entities, the Municipality shall also provide documentation on forms provided
by the County showing the tons of materials that were recycled by the Municipality's
residents through these.other programs. The Municipality shall keep detailed records
documenting the disposition of al� recyclable materials collecte� pursuant to this
agreement. The Municipality shall also report the number of cubic yards or tons of yazd
waste collected for composting or landspreading, together with a description of the
8.�2 -
methodology used for calculations. Any other material removed from the waste stream
by the Municipality, i.e. tires and used oil, shall also be reported separately.
B. (nformation regarding any revenue received from sources other than the County for the
Municipality's recycling programs.
C. Copies of all promotional materials that have been prepared by the Municipality during
the term of this Agreement to promote its recycling programs.
The Municipality agrees to furnish the County with additional reports in form and at frequencies
requested by the County for financial evaluation, program management purposes, and reporting
to the State of Minnesota.
5. BILLING AND PAyME1V1' pROCEDURE. The Municipality shall submit itemized invoices
semiannually to the County for abatement activities no later than July 20, 1996 and January 20,
1997. Costs not billed by January 20, 1997 will not be eligible for funding. The invoices shall
be paid in accordance with standard County procedures, subject to the approval of the Anoka
Counry Board of Commissioners.
6. ELIGIBILITY FOR FfJNDS. The Municipality is entitled to receive reimbursement for eligible
expenses, less revenues or other reimbursement received, for eligible activities up to the project
maximum as computed below, which shall not exceed $78,286.48. The project maximum for
eligible expenses shall be computed as follows:
A. A base amount of $10,000.00 for recycling activities only; and
B. $6.02 per household for recycling activities only.
C. A supplemental grant of $2,235.04 (hereinafter refened to as a"Supplemental Grant")
€or problem material management, solid waste recycling and yard waste abatement
programs to be disbursed to the Municipality within thirly days of execution of this
Agreement. Notwithstanding anything in this Agreement to the contrary, the
Municipality shall be entitled to use said Suppiemental Grant monies only for eligible
expenses paid by the Municipality during the period January 1, 1996, through June 30,
1996, for problem material management, solid waste recycling and yazd waste abatement
programs. On or before July 20, 1996, the Municipality shall submit a report itemizing
the expenditures of the Supplementai Grant monies on a report form provided by the
County, together with receipts verifying said expenditures. Any Supplemental Grant
monies not expended by the Municipality on or before June 30, 1996, shall be returned
to the County.
7. RECORDS. The Municipality shall maintain financial and other records and accounts in
accordance with requirements of the coumy and the State of Minnesota. The Municipality shall
maintain strict accountability of all funds and maintain records of all receipts and disbursements.
Such records and accounts shali be maintained in a form which will permit the tracing of funds
as►d program income to final expenditure. The Municipality shall maintain records su�cient to
reflect that all funds received under this Agreement were expended in accordance with Minn.
Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall
also maintain records of the quantities of materials recycled. All records and accounts shall be
retained as provided by law, but in no event for a period of less than three years from the last
receipt of payment from the County pursuant to this Agreement.
8.03
8. AUDIT. Pursuant to Minn. Stat. § 16B.06, Subd. 4, the Municipality shall allow the County
or other persons or agencies authorized by the County, and the State of Minnesota, incIuding the
Legisiative Auditor or the State Auditor, access to the records of the Municipality at reasonable
hours, including all books, records, documents, and accounting procedures and practices of the
Municipa[ity retevant to the subject matter of the Agreement, for purposes of audit, In addition,
the County shall have access to the project site(s), if any, at reasonable hours.
9. GENERAL PROVISIONS
A. In performing the provisions of this Agreement, both parties agree to comply with all
applicable federal, state or local laws, ordinances, rules, regulations or standards
established by any agency or specia[ governmental unit which are now or hereafter
promulgated insofar as they relate to performance of the provisions of this Agreement.
In addition, the Municipality shal( comply with all applicable requiremenis of the State
of Minnesota for the use of SCORE funds provided to the Municipality by the County
under this Agreement.
B. No person shall illegally, on the grounds of race, creed, color, religion, sex, macital
status, public assistance status, sexual preference, handicap, age or national origin, be
excluded from full employment rights in, participation in, be denied the benefits of, or
be otherwise subjected to unlawful discrimination under any program, service or activity
hereunder. The Municipality agrees to take affirmative action so that applicants and
employees are treated equally with respect to the following: employment, upgrading,
demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay,
and other forms of compensation.
C. The Municipality shall be responsible for the performance of all subcontracts and shall
ensure that the subcontractors perform fully the terms of the subcontract. The Agreement
between the Municipality and a subcontractor shatl obligate the subcontractor to comply
fully with the terms of this Agreement.
D. The Municipality agrees that the Municipaliry's employces and subcontractor's employees
who fall witt:in any job classification established and published by the Minnesota
D�partment of Labor & Industry shall be paid, at a minimum, the prevaiiing wages rates
as certified by said Department. Each Municipality and subcontractor performing work
on a public project shall post on the project the applicable prevailing wage rates and
houriy basic rates of pay for the County or area within which the project is being
performed, including the effective date of any changes thereof, in at ieast one
conspicuous place for the information of the employees working on the project. The
information so posted shall include a breakdown of contributions for health and welfare
benefits, vacation benefits, pension benefits and any other economic benefit required to
be paid.
E. It is understood and agreed that the entire Agreement is contained herein and that this
Agreement supersedes all oral and written agreements and negotiations between the
parties relating to the subject matter hereof.
F. Any amendments, aiterations, variations, modifications, or waivers of this Agreement
shall be valid only when they have. been reduced to writing, duly signed by the parties.
G. Contracts let and purchases made under this Agreement shall be made by the
Municipaiity in conformance with all laws, rules, and regulations applicable to the
Municipality.
8.04
H. The provisions of this Agreement are severable. If any paragraph, section, subdivision,
sentence, clause or phrase of this Agreement is for any reason held to be contrary to iaw,
such decision shall not affect the remaining portion of this Agreement.
I. Nothing in this Agreement shall be construed as creating the relationship of co-partners,
joint venturers, or an association between the County and Municipality, nor shall the
Municipality, its employees, agents or representatives be considered employees, agents,
or representatives of the County for any purpose.
10. PUBLICATION. The Municipality shall acirnowledge the financial assistance of the County on
all promotional materials, reports and publications relating to the activities funded under this
Agreement, by including the following acknowledgement: "Funded by the Anoka County Board
of Commissioners and State SCORE funds (Select Committe� on Recycling and the
Environment).
11. INDEMrTIFICATION. The County agrces to indemnify, defend, and hold the Municipality
harmless from all claims, demands, and causes of action of any kind or chazacter, including the
cost of defense thereof, resulting from the acts or omissions of its public officials, officers,
agents, employees, and contractors relating to activities performed by the County under this
Agreement.
The Municipality agrees to indemnify, defend, and hold the County harmless from all claims,
demands, and causes of action of any kind or charac�er, including the cost of defense thereof,
resulting from the acts or omissions of its pnblic officials, officers, agems, einployces, and
contractors relating to activities performed by the Municipality under this Agreement.
The provisions of this subdivision shall survive the termination or expiration of the term of this
:A�greement.
12. TERMIl�IATION. This Agreement may be terminated by mutual written agreement of the
parties or by either party, with or without cause, by giving not less than seven ('n days written
notice, delivered by mail or in person to the other party, specifying the date of ternunation. If
this Agreement is terminated, assets acquired in whole or in part widz funds provided under this
Agreement shall be the property of the Municipality so long as said assets aze used by the
Municipaliry for the purpose of a landfill abateme,nt program approvefl by the County.
8.05 : :
IN WITNFSS VVAEREOF, the parties hereunto set their hands as of the dates f►rst written
above:
COUNTY OF ANOKA CITY OF FRIDLEY
:
Dan Erhart, Chairman
Anoka County Board of Commissioners
Date:
ATTFST:
John "Jay" McLinden
County Administrator
Date:
Approved as to form and legality:
Assistant County Attorney
:
Name:
Title:
Date:
Date:
: � •
Municipality's Clerk
AQproverl as to form and legality:
m:�..���dyo�s��.�
DATE: June 19, 1996
MEMOR.ANDUM
PLANNING DIVISION
TO: Wiiliam Burns, City Manager�.�l�'
FROM: Barbara Dacy, Community Development Department
SUBJECT: Consider Approvai of Acquisition of 541 - 79th Way N.E.
and Adjacent Tax Forfeit Lot
The prope�ty located at 541 - 79th Way N.E: is proposed fo� acquisition by the City for
flood control purposes. The property is 19,899 square feet in size and is immediately
located adjacent to Springb; ook Creek within the Mississippi River flood plain.
The U. S. Department of Housing & Urban Development owns the property and has
established the sale price at $37,800.
The City has been acquiring property along Springbrook Creek via the tax forfeit
process. In fact, the City owns some parcels just immediately adjacent to this site. The
existing home is below the flood protection eievation. It is proposed that the home be
demolished after the property is acqui�ed. The home is over 40 years old and even
though a site inspection has not been made to verify the size of the home, it is probably
smaller than current standards.
Tax Forfeit Properties
Immediately to the east of 541 - 79th Way N.E. is a tax forfeit property (6,011 square
feet) which the fo�mer owner applied for three or four years ago. Anoka County now
owns the tax forfeit lot. ft is p�oposed that the tax forfeit property be acquired as well
through the tax forfeit process. According to Gene Rafferty of Anoka County, the City
can request ownership of the property for a public purpose.
Recommendation
Staff recommends that the City Council approve the resolution as attached.
6 D:Is M-96-283
9.01
RESOLUTION NO. - 1996
RESOLUTION AUTHORIZING ACQUISITION OF 541 79TH WAY N.E.
(LOTS 11-16, BLOCK N, RIVERVIEW HEIGHTS) AND
AUTHORIZING ACQUISITION OF TAX FORFEIT PROPERTY FROM
ANOKA COUNTY (LOTS 9 AND 10, BLOCK N, RIVERVIEW
HEIGHTS) FOR PUBLIC PURPOSES
WHEREAS, there are two properties located in the Mississippi
River flood plain located immediately east of Springbrook Creek
and north of 79th Way N.E.; and
WHEREAS, the properties are legally described as Lots 11 - 16,
Block N, Riverview Heights (541 79th Way N.E.), and Lots 9 and
10, Block N, Riverview Heights; and,
WHEREAS, one of the properties, 541 79th Way N.E., is now owned
by the Department of Housing and Urban Development; and,
WHEREAS, the Department of Housing and Urban Development offers
the property for sale to local units of government via its Direct
Sale program; and,
WHEREAS, one of the properties is owned by Anoka County and is
currently considered tax forfeit; and,
WHEREAS, the City has previously acquired properties in the flood
plain adjcaent to and around the subject parcels for public
purposes including park acquisition and development and fload
control purposes; and,
WHEREAS, the two subject parcels are well located for future
public projects.
NOW THEREFORE BE IT RESOLVED, the Mayor and City Manager are
hereby authorized to execute the sale documents with the
Department of Housing and Urban Development to acquire 54I 79th
Way N.E. as legally described herein; and,
BE IT FURTHER RESOLVED, the Mayor and City Manager are hereby
authorized to make application to Anoka County to acquire the tax
forfeit property as legally described herein for public purposes.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF 1996.
ATTEST:
WILLIAM A. CHAMPA, CITY CLERK
9.02
WILLIAM J. NEE, MAYOR
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TO:
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WILLIAM W. BURNS, CITY MANAGER
�1{�C_,
FROM: WILLIAM A. CHAMPA, CITY CLERR AND CHARTER COMMISSION
STAFF LIAISON
SUBJECT: AMENDMENT TO SECTION 2.06.01 OF THE FRIDLEY CITY CBARTER
DATE: JONE 20� 1996
At the January 29, 1996 meeting of the Fridley Home Rule Charter
Commission the attached amendment to Section 2.06.01 of the Fridley
City Charter was approved by the Charter Commission and recommended
to the City Council.
On behalf of the Charter Commission I request that Council
establish a public hearing for the July 22, 1996 Council meeting.
Attachments
a. ;;.A�!v-:�..�:.
10.01
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 2.06.01 OF THE
FRIDLEY CITY CHARTER
The City Council of the City of Fridley does hereby ordain as
follows:
That the following sections of the Fridley City Charter be amended
as follows:
CHAPTER 2
CITY COUNCIL ORGANIZATION
Section 2.06. VACANCIES IN THE COUNCIL.
1. A vacancy in the Council shall be deemed to exist in case of
the failure of any person elected thereto to qualify on or
before the date of the second regular meeting of the new
Council, or by reason of the death, resignation, removal from
office, removal from the City, removal of a ward councilmember
from that ward, continuous absence from the City for more than
three (3) months, or conviction of a felony of any such person
whether before or after their qualification, or by reason of
the failure of any aouncilmember to perform
any of the duties of inembership in the Council for a period
of three (3) months. In each such case, within thirty (30)
days the Council shall by resolution declare a vacancy to
exist.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1996.
ATTEST:
WILLIAM J. NEE - MAYOR
WILLIAM A. CHAMPA - CITY CLERK
� o.oz
�
�
TO: AILLIAM W. BIIRNS, CITY MANAGER
�R�
FROM: WILLIAM A. CHAMPA, CITY CLERR AND CHARTER COMMISSION
STAFF LIAISON
SUBJECT: AMENDMENTS TO CHAPTER 3 OF THE FRIDLEY CITY CHARTER
DATE: JUNE 20, 1996
At the January 29, 1996 meeting of the Fridley Home Rule Charter
Commission the attached amendments to Chapter 3 of the Fridley City
Charter were approved by the Charter Commission and recommended to
the City Council.
On behalf of the Charter Commission I request that Council
establish a public hearing for the July 22, 1996 Council meeting.
Attachments
11.01
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 3
OF THE FRIDLEY CITY CHARTER
The City Council of the City of Fridley does hereby ordain as
follows: �
That the following sections of the Fridley City Charter be amended
as follows:
CHAPTER 3
PROCEDURE OF COUNCIL
Section 3.01. COUNCIL MEETINGS.
1.
� ' e�a�-e�e�e�-t�re-E��,'�s�...,��.Pt �� �ro .c�t j
�; t�iz���; The Council shall hold the first regular meeting
of the year on or before the ninth dav of January. At this
meetinct �e a� newly elected members of the Council shall
assume their duties. Thereafter, the Council shall �e�e�-a-�
.
�c jr ah �t 1 1 13►g..i. ..� - �i�G�e--i�3�6� i .. �i,....,. ,,.�.. .,.i.i.. �
hold regular meetings at a fixed time at least once each month
as prescribed by resolution. A regular meeting is one that
is scheduled by resolution, at which formal action is taken,
and for which minutes are recorded.
2. A special meetinq of the Council may be called as needed by
�Fthe Mayor or any two ( 2)
"u�i-i--8���"' "} "'�9-6��ati'-r@—cvuin:Tr Councilmembers upon
compliance with the notification requirements in Minnesota
statutes and upon at least twelve (12) hours' notice to each
member of the Council. Such notice s�ra� must be �'�„--�M�a
communicated personally to each member or �e�e� �-��e
�t�e�s�t9�3.-�i r1_�n? �f ±`�P_47f?�PYI(iP w-ith to a person of suitable
age and discretion �e� residing ��� at the member's usual
• �..�..._.. � t.... , , ,,.... , ��
place Of residence, Or :Pn�n notice �iEr2v�9=rer.i.rnv r�r�
��,.�a �'���- of the meeting must be transmitted to the member's
residence. The presence of any member of the Council at a
special meeting shall constitute a waiver of any formal notice
unless the member appears. for the s�ee� purpose of obj ecting
to the holding of s�te� the meeting. Formal action is taken
at a special meeting, and minutes are recorded. �'�� ^-•�--�"
�e�e3��e--�-t-�e�e�r��� s ^~���e� ers .
� 1.02
3. From time to time the Council may hold conference meetings at
which matters are discussed but no formal action is taken.
4. Al1 meetings of the Council shall be public unless otherwise
specified by law. a� �Any person shall have access to �e
anv Council meeting minutes � or records L�� at all
reasonable times unless access is restricted by state or
federal law.
!? ��*-�=: (Ref. Special Election 4/12/60, Ord. 857)
Section 3.02. SECRETARY OF COUNCIL.
The Council shall choose a Secretary ��s;�e��t�i�=-�f�t�s-��
to serve at its meetings. The
Secretary shall i�ee}� prepare the j ournal of minutes of proceedings_
The Secretarv shall also prepare �-�n other records and perform
s� other duties as may be required by this Charter or by vote of
the Council. The Council may designate any official or employee of
the City, except the City Manager or a member of the Council, to
act as Secretary of the Council.
Section 3.03. RULES OF QUORUM AND PROCEDURE .
A maiority of seated Councilmembers constitute a cLuorum for
purposes of canvassing an election. For all other �urposes three
Councilmembers s�3-� constitute a quorum to
do business, but a lesser number may adjourn from time to time.
The Mavor and other members of the Council each have one vote.
The Council shall determine its own rules and order of business and
shall keep a journal of its p�oceedings.
Section 3.04. ORDINANCES, RESOLUTIONS AND MOTIONS.
Except as otherwise provided. in this Charter, all legislation shall
be by ordinance. Every ordinance and resolution shall be presented
in writing and read in full at a Council meeting. All
administrative business may be transacted by ordinary motion. Upon
the vote on ordinances, motions, and resolutions the ayes and noes
shall be recorded unless the vote is declared unanimous. �4
�raj��t-�-�Fe�e-e€-�3�-e-f-�e An affirmative vote of at least three
�� members of the Council s`��'��� is required for the passage of
all ordinances, ���s�„�a—�e3��re� except as otherwise
provided in this Charter. Resolutions and motions require a
majority vote of the Councilmembers in attendance at the meetina
except as otherwise provided in this Charter
Section 3.05. PROCEDURE ON ORDINANCES.
The enacting clause of all ordinances passed by the Council shall
be in the words, "The City of Fridley does ordain." Every
ordinance other than emergency ordinances shall have two (2) public
readings in full;-�a� with at least seven (7) days ���-e�a}�s�e
between the first reading and the second reading. � A�
11.03
legislation prescribing a penalty for its violation ���= shall
be enacted in the form of an ordinance�.
Section 3.06. EMERGENCY ORDINANCES.
1. An emergency ordinance is an ordinance necessary for the
immediate preservation of the public peace, health, morals,
safety or welfare in which the emergency is defined and
declared, and which is passed by a vote of �ei�� at least
three (3) members of the Council, as recorded by ayes and
noes.
� . . . . . '
���=e-�ra�-�-e�ai�T��e-€-��e-��as-s�-g e-�e�ee€-��-e��e��re--a��e�
2. No personls), firm or corporation charged with violation of
the emergency ordinance shall be prosecuted unless:
� the person(sL, firm or corporation has had notice of the
passaae of the ord?nance; or
bZ the ordinance has been filed with the City Clerk, posted
in three conspicuous places in the City, and twenty-four
(24) hours after the filing and posting have elapsed; or
c� the ordinance has been published.
3. No grant of any franchise shall ever be made by an emergency
ordinance.
Section 3.07. SIGNING, PUBLICATION AND RETENTION OF ORDINANCES,
RESOLUTIONS AND MOTIONS.
1. Every ordinance passed by the Council shall be signed by the
Mayor, or by three (3) other members of the Council, and
attested by the City Clerk, published and recorded.
2. Every ordinance shall be published at least once in the
official newspaper of the City. If the publication of the
title and a summary description of an ordinance clearly
informs the public of its intents and effect, the Council may
by �� three (3) affirmative votes of its members direct
the City Manager to publish only the title of the ordinance
together with a summary, with an added notice that a printed
copy of the ordinance is available for inspection by any
person during regular office hours at the office of the City
Clerk and at any other location designated by the Council.
Prior to the publication of the title and summary, the Council
11.04
shall approve a text of the summary that clearly informs the
public of the intent and effect of the ordinance. The
publishing of the title and summary shall be deemed to fulfill
all legal requirements �-s—'�t-�i�e�-r�—eT-�=��a���==_
��e�.
3. Every ordinance shall be recorded in its entirety by the City
Clerk in a book kept for that purpose, within twenty (20) days
after publication of the ordinance or of its title and
summary. Proof of the publication shall be attached to and
filed with the ordinance.
4. All resolutians and motions duly passed at each meeting of
the Council may, at the discretion of the Council, be
published in full or in part in the official newspaper of the
City. In the case of partial publication, it shall be
indicated in what respect they are incomplete.
5. Any administrative rule or regulation of any department of the
State of Minnesota affecting the City or any statute of the
State of Minnesota, or any published code, specifications or
regulations prepared by an organization for general
circulation and use may be adopted and incorporated in an
ordinance by reference }��� and by marking *�G—���Pp �';
a copy of it as "official cop�y" and filing
�e�t it for reference and inspection in the office of the City
Clerk. The publication requirements of this Charter shall be
as fully satisfied �—sae�r--eases by this method as if the
material had been set forth in the ordinance in full. (Ref.
Ord. 767, Ord. 780)
Section 3.08. WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT.
Emergency ordinances, except as provided in Section 3.06 of this
Chapter, and ordinances making the annual-tax levy, disbursing
money, determining the annual budget and providing for local
improvements and assessments, -�z take effect immediately upon
their passage. � Ever other ordinance� enacted by the Council
s�ra�-� takes effect fifteen (15) days after the date of �� its
publication, unless a later effective date is fixed l�n in it.
A3-� resolution� s��� takes effect upan �ke�� its passage.
Section 3.09. AMENDMENT AND REPEAL OF ORDINANCES.
No ordinance or section ��� of an ordinance shall be amended
or repealed except by ordinance. Every repealing ordinance shall
refer to the ordinance repealed by title, date of passage and
section number or numbers. No ordinance or section '��� of an
ordinance shall be amended by reference to its title alone,—_ ��
s�� The amending ordinance shall set forth in full each section
or subsection as amended, , , �This
requirement shall not apply to amendments to zoning ordinances.
11.05
Section 3.10• ��T7T[�Tl1*T TATT CODIFICATION OF ORDINANCES.
The ordinances of the City shall�
, at intervals �e�ea��-of not more
than five (5) years, be �-e�9��rearranged and codified with such
additions and deletions as may be deemed necessary by the Council.
�e�r The codification shall be published in book or continuously
revised loose-leaf form or stored by electronic means such as a
computer. a�-eCopies }�z of the Code of City Ordinances or
any portion of it shall be made available by the Council at the
office of the City Clerk for general distribution to the public at
a reasonable charge. ��--}��3�e�e�r-s� ���-�^ ��`� � �'-
Each copy shall contain a printed certificate • ,
attested to by the City Clerk, that the publication is correct� and
���'� '���'� each copv so published shall be received in evidence in
all courts for the purpose of providing the ordinances '���z
contained in it, the same as �� if the original ordinances were
produced in court.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1996.
ATTEST:
WILLIAM J. NEE - MAYOR
WILLIAM A, CHAMPA - CITY CLERK
71.06
_
��� OF
FR(DLEY
FRIDLEY MUNfCIPAL CENTER •(�31 UNIVERSITY AVE. N.E. FRIDLEY, MN 55=132 •(6�?1 i71_3=�5p • FAX (612) 571-1287
June 19, 1996
Mr. John Litchy
Setter, Leach & Lindstrom, Inc_
1100 Peavey Building
730 Second Avenue South
Minneapolis, MN 55402-2454
Dear Mr. Litchy:
As I promised you at Monday's meeting that was attended by myself, Councilmember Steve
Billings, our Pazks and Recreation Director, Jack Kirk, and our Senior Coardinator Connie
Thompson, I am providing a letter contract to you for providing architectural services. The
general purpose of your services would be to provide the City of Fridley with a vaxiety of
options and recommendations related to establishing needed space for senior citizens,
teenagers and the public at the Community Education Center (hereinafter "CEC") located in
School District 14.
The scope of work we are anticipating is as follows:
1. You wiil work with the City Manager and his designees to identify uses and related
spacial needs for Fridley senior citizens, "The Zone" program, the youth basketball
program, and the general public.
2. After identifying needed space for programs and groups, we are asking you to assess
various conceptual alternatives for meeting these needs by remodeling four of the
classrooms in the CEC, as well as by adding an addition that connects the north wing
of the CEC with the gymnasium/cafeteria.
12.01
Mr. John Litchy
June 19, 1996
Page 2
3. The specific uses addressed in your conceptual alternatives should be grouped in the
following categories:
a. Seniors:
i. Congregate dining facility capable of serving 150 people;
ii. Lounge/television room;
iii. Arts and craf�s room;
iv. Game room;
v. Reception area;
vi. Conference room;
vii. Storage room; and,
viii. Restroom facilities.
b. The Zone Program:
i. Adequa.te space for volleyball and dancing.
ii. Game area;
iii. Lounge area; and,
iv. Meeting room area.
c. Youth basketball:
i. Consider re-establishing the gymnasium as a basketball practice facility
that could be used by elementary aged youth.
12.02 . . .
Mr. John Litchy
June 19, 1996
Page 3
d. Public meeting rooms:
i. Consider providing two additional meeting rooms that would
accommodate the needs of the seniors, teenagers and the public.
4. Initially consider how these uses might be accommodated by a 4,000 square foot
addition that connects the north wing of the CEC with the gymnasium/cafeteria:
Piease note the attached sketch that has been prepared by Fridley Councilmember
Steve Billings.
5. Also consider how our needs might be better accommodated by building a basement
below the 4,000 square foot addition.
6. Other considerations:
a. Establish handicapped access for al1 facilities.
b. Provide suggested locations for handicapped accessible restrooms.
c. Locate and conceptually size the HVAC system.
d. Size a kitchen facility necessary for serving hot meals for the senior
congregate dining program, and suitable for future meals in a double
gymnasium that would be attached to the south side of the current
gymnasium/cafeteria.
e. Consider means by which we may accommodate the joint use of this facility
by teenagers and senior citizens.
f. Consider projects within the larger project that could attract donations from the
private sector.
g. Provide a layout for a futur� double gymnasium that is attached to the south
wali of the current gymnasium/cafeteria.
h. Identify space for lockers; however, do not design showers for the double
gymnasium.
� 2.03 . .
Mr. John Litchy
June 19, 1996
Page 4
i. Assume that the current gymnasium will be served by HVAC and that it will
be improved for senior use as a congregate dining facility.
7. Provide a statement of probable construction costs.
8. Provide separate cost estimates for furnishing and equipping the kitchen facilities.
9. Provide two dimensional floor plans for various options that you are proposing.
10. Attend at least three, two-hour meetings to discuss proposals with elected officials,
staff and citizens.
11. We assume that your proposals will meet all federal, state and local requirements for
facilities of this nature.
12. The owner (City) will be responsible for payment of printing costs in excess of Fifly
and 00/100 Dollars ($50).
We understand that you aze willing to provide these services at the rate of One Hundred and
00/100 Dollars ($100) per hour for your services and Eighty and 00/100 Dollars ($80) per
hour for a project architect/engineer. We also understand that our total cost for these services
will not exceed the amount of Four T'housand and 00/100 Doliars ($4,000).
If tlus meets with your approval, please sign the enclosed copy of this letter and return it to
my office. If you have any questions or would like to make any changes to the above, please
give me a call. We look forward to working with you on this project.
Sincerely,
William W. Burns
City Manger
I agree with the terms and conditions outlined above.
DATED: Setter, Leach & Lindstrom, Inc.
By
,� 2.0� John Litchy :
�oF F�
U >:<'>_ �
PUBLIC WORKS
MEMORAND M
8,�� �.r�, �
TO: John G. F1ora�Di� ctor of Public Works
FROM: Paul Lawrence, Superintendent of Public Works
DATE: June 13, 1996
SUBJECT____Sewer Pump_Station in South Innsbruck Area
On 7une 12, 1996, the City of Fridley received bids for a package sewage pump station to retrofit the
existing air injector station located at Trollhagen Drive and St. Imier Drive.
The City received one bid from General Repair for a Gorman Rupp paekage pump station for
$31,862.67 including sales tax. The unit bid is identical to the unit the City installed on Riverview
' Terrace earlier this.year: �The reason forthe single bid is that most pump station manufacte�rers do
not make retrofit pump stations. The retrofit pump stations, however, work very well for the City
ofFridiey, as they are being installed iri established residential neighborhoods and can be installed with
minimal digging and disruption to adjoining properties.
The 1996 Capital Budget identifies $52,000 for the renovation of the Innsbruck pump station
including installation.
The installation cost for th� station installed on Riverview Terrace was appro�mately $20,000,
placing the total project cost within the budgeted $52,000.
The Public Works maintenance section is considering installing the Innsbruck station with City
personnel. The pump stations are quite simple to install, and could reduce the installation cost by
$10,000-$12,000.
I recommend that the City Council accept General Repair's bid to furnish a Gorman Rupp package
pump station, as specified in the City's bid proposal, for $31,862.67 including sales tax.
13.0 y
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CAPITAL IMPROVEMENT PROGRAM
PROJECT AREA
PRO,a��r A��,
SEWER
April 10, 1996
��R:"`" 1996
RELINE OR REPAIR SAN. SEWER LINE -
7TH ST FROM 61 ST NORTH 1300 FEET
. REBUILD INNSBRUCK LIFT STATION
SCADA UPGRADE TO INNSBRUCK LIFT STA
SCADA UPGRADE TO RIVERWOOD
EAST RNER ROAD D�RSIOtd TO
TO NIVIICC ItdiERCEPTOR
���;;\ti�:�;�:
1997
RELINE OR REPAIR CORRUGATED SEWER
LINE:
7TH ST FROM BENNETT NORTH TO
67TH AVENUE (1,150 FEE�
57TH PLACE FROM 7TH WEST TO
1 ST MANHOLE (315 FEE�
REBUILD VET CLINIC LIFT STATION
SCADA UPGRADE TO VET CLINIC LIFT STA
SCADA UPGRADE TO EMBER LIFT STA.
Y�R:::�:::
1998
RELINE 8� REPAIR 1100 FEET OF
CORRUGATED SEWER ON 67TH AVE
FROM 7TH ST TO MADISON �
REBUILD LOCKE LAKE LIFT STA
SCADA UPGRADE TO LOCKE LK LIFT STA
` NEW PROJECTS
*" RELOCATED PROJECTS
SEWER FUND 85,000.00 ,
SEWER FUND 52,000.00
SEWER FUND 10,000.00
SEWER FUND (ENCUMB - 95) 10,000.00
SEt�f2 FUND (93 EhC�.;'•1ABEr� 60,000) 1,20.ti000; OG.
TOTAL PROJECT-FOR
� �i
SEWER FUND
SEWER FUNQ
SEWER FUND
SEWER FUND
SEWER FUND
TOTAL PROJECT FOR
SEWERFUND
SEWER FUND
SEWERFUND
TOTAL PROJECT FOR
13.43
$277,000.00
85,000.�0
25,000.00
35,000.00
10,000.00
10.000.00
�165,000.00
75,000.00
50,000.00
10,000.00
$135,000.00
T�: wiiiiam w. tsurns, c;ity Manager PW96-137
City of Fridley
FROM:
DATE:
SUBJECT:
n Wilczek, Asst Public Works Director
�:
June 20, 1996
1995 - 1&2 Change Order 4
Last year there were three areas where emergency and/or temporary bituminous patching of
street construction had been completed. At this time it is necessary to mill and overlay the
roadway to provide a safe and acceptable driving surface.
Number 1 is at Mississippi Street just west of Old Central and Mississippi Street. At this
location there was a water break in the winter of 1995. The area was temporarily patched but
now in order to place a permanent patch, it will be required to mill the area and place an
overlay.
Number 2 is on 83rd Avenue just west of Highway 65, Amoco had placed patch late in the fall
of 1995 and at this time the patch needs to be upgraded. They have agreed to us getting the
patch done and have agreed to reimburse us fully for the cost to do the patching and repair.
Number 3 is on Washington Avenue between 68th Avenue and Monroe. This is the location
that we placed. a new watermain in the summer of 1995. We had the watermain contractor, at
that time, place a patch in the area of his excavation. In order to upgrade or repair the road
properly, it was decided that the full width of the roadway should be milled and overlayed.
General condition of the road was very poor before construction.
Within the bid prices of ST 1995 - 1&2, we have the items necessary to cover the work to be
done at these three locations. Since the price from Hardrives, Inc. are competitive and
reasonable, we felt it in our best interest to make these repairs part of the 1995 - 1&2 project.
The total cost for these items is $7,498.45. Payment for the first would come from the general
water fund, $3,000 would be for the Amoco patch which would be refunded by Amoco, and the
third would come from the capital improvement water fund which would be Washington �ive.
Recommend the City Council approve Change Order No. 4 to the 1995 Street Improvement
Project No. ST. 1995 - 1&2 for Hardrives, Inc. in the amount of $7,498.45 for a total contract
amount of $588,573.25.
Jw 14.01�
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
June 24, 1996
Hardrives, Inc.
9724 lOth Ave N
Plymouth MN 55441
SUBJECT: Change Order No. 4, 1995 Street Improvement Project No. ST. 1995 - 1&2
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your contract for the 1995 Street
Improvement Project No. ST. 1995 - 1&2 by adding the following work:
Addition:
TOTAL CHANGE ORDERS:
Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $573,282.80
Contract Addition/Deduction - Change Order
No. 1 (Deduction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3,677.1�)
No. 2 (Deduction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8.00)
No. 3 (Addition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11,477.15
No. 4 (Addition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7;498.45
REVISED CONTRACT AMOUNT $5$8 �7 .2
14.02
Hardrives, Inc.
Change Order No. 4
June 24, 1996
Page 2
Submitted and approved by John G. Flora, Public Works Director, on the 24th day of June, 1996.
.
� � ' _
�-� y John G. Flora, P.E.
Director of Public Works
Approved and accepted this�day o ,-1996 by
HARDRIVES, INC.
J es Larson, Jr., Projec ordinator
Approved and accepted this day of , 1996 by
CITY OF FRIDLEY
William J. Nee, Mayor
William W. Burns, City Manager
Approved and accepted this day of , 1996 by
Metro Division Assistant State Aid Engineer
14.03
�
�
CfTY OF
FRIDLEY
Tvpe of License• Bv:
LIC]ENSES
June 24, 1996
CIGARETTE
Joe DiMaggio's Mendota Valley
1298 E Moore Lak� Dr Amusement Inc.
Fridley, MN 55432
FOOD ESTABLISHMENT
Domino's Pizza Bill Graves
7510 University Ave NE
Fridley, MN 55432 '
Mn Gym Gear & Coffee Bar Susan Ziegler
6525 University Ave NE
Fridley, MN 55432
OUTDOOR FOOD (TEMPORARYj
Fridley Swimmers to France B. Nelson
90 Rice Creek Way NE
Fridley, MN 55432
PEDDLER �CHARITABLEj
Boy Scouts of America Gene Youngdahl
Viking Council
5300 Glenwood Ave
Golden Valley, MN 55422
USED MOTOR VEHICLE
Copart Salvage Auto Auction Same
3737 East River Road
Fridley, MN 55421
JUNK YARD
Copart Salvage Auto Auction Same
3737 East River Road �
Fridley, MN 55421
17,� 1
Approved By: Fees•
Dave Sallman $30.00
Public Safety
Director
m
m
��
�
s
m
" $45.00
" $45.00
" $35.00
" Exempt
" $150.00
" $350.00
�
�
CfTY OF
FRIDLEY
LICENSES
JUNE 24, 1996
GAS SERVICES
Dickey's
17174 Verdin St NW
Andover MN 55304 Dick Slayton
Palen/Kimball Co
550 Vandalia
St Paul MN 55114 Michael Mercier
Peterson Bros Sheetmetal
4110 Central Ave NE
Columbia Heights MN 55421 Randy Peterson
GENERAL CONTRACTOR-RESIDENTIAL
Ace Construction
2801 Cutters Grove Dr
RON JULKOWSKI
Chief Bldg Ofcl
Same
Same
Anoka MN 55303 Michael Archambault STATE OF MINN
All American Roofmg(5160) �
4112 97 Ln NE
Blaine MN 55014 James Piersiak
Allstar Sun Spaces (20060249)
1926 Hwy 13 E
Burnsville MN 55337 ' Nancy Freese
Calgary Stove & Chimney (7793)
1166 Main St
Lino Lakes MN 55014 Raoul Anderson
Midwest Siding & Roofing (20010277)
3533 Perry Ave N
Crystal MN 55422 Greg Gerulis
Mon-Ray Inc (5111)
8224 Olson Memorial Hwy
Minneapolis MN 55427 . John Bower
Right Way Roofmg Inc (3999)
16475 45 Ave N
Plymouth MN 55446 Scott Voves
17.02
Same
Same
Same
Same
Same
Same
�
�
CITY OF
FRIDLEY
Schield Construction Co.
13604 Ferris Avenue South
Apple Valley, MN 55124
ESTIMATES
JITNE 24, 1996
Stonybrook Creek Bank Stabilization
Project No. 246
Estimate No. 4 (Correction) . . . . . . . . . . . . . . . . . . . . . . . . $ 11,034.25
(Council approved $11,304.25 at the June 10, 1996, Council meeting.)
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of April, 1996 : . . . . . . . . . . . . . . . . . . . . $ 13,260.01
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 55435-5489
Legal Services Rendered for the
Month of June, 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43.75
18.0 �
MEMO�:AND UM
PLANNING DIVISION
DATE: June 19, 1996
TO: William Bums, City Manager ��
�
FROM: Barbara Dacy, Community Development Director
SUBJECT: Master Plan Approval for Lake Pointe Office Park; MEPC
American Properties
The Contract for Exclusive Negotiations requires MEPC to submit a Master Plan for
City Council and HRA review and approval. Th� property is also zoned S-2,
Redevelopment District, and it also requires approval of uspecific deuelopment plans"
by the Planning Commission, City Council, and HRA. The Planning Commission at its
May 15, 1996 meeting recommended approval of the Master Plan for Lake Pointe
Office Park, subject to 12 stipulations.
At its June 11, 1996, meeting, the HRA also recommended approval subject to the
stipulations recommended by the Planning Commission.
Summary of Issues
The proposed plan includes 582,000 square feet of corporate office space and 90,313
square feet of supportive commercial uses. Four multi-story office buildings are
proposed, and three cammerciai buildings. The proposed pfan is consistent with the
City's objectives for redevelopment of the proposed site. The petitioner, as the
property develops, must submit plat applications and comply with the development
requirements of the City and other applicable agencies.
Other Issues
The MPCA has approved the City's application for an lndirect Source Permit. There
are no significant stipulations or requirements which will hamper the development of
the property.
19.01
Master Pian Approval
June 19, 1996
Page 2
MEPC is also preparing to change the name of #he development to Fridiey Executive
Center. There are at least three other developments (industrial and residentiai) in the
metro area named L.ake Pointe. Further, the new name identifies the location of the
site in Fridley and also indicates that the desired land use is corporate or executive
office space. MEPC will be holding a marketing event for metro area brokers and
realtors on July 18, 1996, over the lunch hour. Invitations wilt be mailed shortly to the
Council and HRA.
Recommendation
Approval of the proposed Master Plan is recommended subject to 12 stipufations
recommended by the Planning Commission:
1. Appropriate plat applications shall be submitted and approved prior #o
development of the properly.
2. All uses in the development shaN compfy with the following list of permitted
uses: office uses typically associated with corporate/Class A office
developments; hotel and conference facilities; banks/financial institutions; Clas�
III restaurants as defined in Section 205.03.59 of the zoning code; daycare
facilities; and other uses as specifically approved by the City. Uses allowed in
each individual building after construction will be the same or similar to those
uses identified in this application. The City shall review and approve each use
prior to occupancy.
3. Detailed architectural plans of each building shall be submitted during the plat
application process; or if a plat is not required, plans shall be submitted,
reviewed, and approved by the City prior to issuance of a building permit. The
type of materials used on the exterior walls shall be approved by the City.
4. A comprehensive signage plan shall be reviewed and approved by the C'sty
Council prior to issuance of the first building permit based on the plan dated
March 29, 1996 and addressing the following issues:
A. Wall signs (building identifiication and tenant signage) shall meet the wall
sign requirements of the sign code.
B. No free-standing pylon signs are permitted.
C. Height, width, illumination and type of all signs sheA be clearly identified.
19.02
Master Plan Approval
June 19, 1996
Page 3
D. Two free-standing project identifier (D) signs are permitted; the size and height
to be approved by the City Council.
E. All free-standing signs shall be set back ten feet from property iines.
F. The petitioner shall receive a sign permit prior to installation.
5. The petitioner shall work with the City in preparing transportation demand
strategies to promote ride-sharing and transit use to the property.
fi. 12 to 15-foot light standards shall be installed along Bridgewater Drive adjacent
to the residential area. Sodium high pressure lights shall be used for the
parking lot lights and street lights.
7. If the parking decks or parking areas ar within the R-1, Single Family Dwelling
zone, a special use permit must be obtai�ed prior to issuance of a building
permit.
8. If nine-foot wide parking spaces are to be proposed within the development, a
special use permit as required by the S-2, Redevelopment District, must be
obtained prior to issuance of a building permit.
9. Appropriate permits from the Rice Creek Watershed District, Six Cities
Watershed Management Organization, and the Minnesota Pollution Control
Agency for storm water management and grading shall be obtained prior to the
issuance of a building permit. Detailed engineering plans and calculations
shaN be submitted in conjunction with plat applications and building permit
applications for review and approval by the City.
10. When appropriate, MEPC shall accept the transfer of the Indirect Source Permit
from the HRA.
11. Detailed landscaping pians shal( be submitted in conjunction with plat and
building permit applications. 10 to 12-foot evergreens shall be installed along
the north wall of the parking deck. The detailed landscaping shall be based on
the concept plan dated March 29, 1996. An irrigation plan shall also be
submitted at time of building permit issuance.
12. Park fees shall be paid prior to the initiation of construction of the first
development on the site. Easements shall be dedicated at the time of plan
approval over the existing bikeway/walkway areas.
:� .
M-96-270 � 9.�3
DESCRIPTION OF REQUEST:
The purpose of this request is to review the proposed developmerrt plan for the Lake Pointe
Office Park. Proposed is 582,000 square feet of corporate office space and 90,313 square
feet of supportive commercial uses. Four multi-story office buildings are proposed, and three
commercial buildings. .
The S-2, Redevelopmerrt District zoning requires approval "of specific developmerrt plans" by
the Planning Commission, City Council, and HRA. The S-2 district provid+es the C'ity with the
authority to identify permitted and prohibited uses.
SUMMARY OF ISSUES:
The proposed plan is consistent with the City's objectives for redevelopment of the proposed
site. The petifiioner, as the property develops, must submit plat applications and comply with
the deVelopmer�t requirements of the City and other applicable agencies.
RECOMMENDATION:
Approval of the proposed plar� is recommended with the foAowing stipulations:
1. Appropriate plat applications shall be submitted and approved prior to developmerrt of the
property.
2. All uses in the development shall comply with the following list of permitted uses: office
uses typically associated with corporate/Class A office developments; hotel and conference
facilities; banks/financial institutions; Class III restaurants as defined in Section 205.03.59
of the zoning code; daycare facilities; and other uses as specifically approved by the City.
Uses allowed in each individual building after construction will be the same or similar to
those uses identified in this application. The City shall review and approve each use prior
to occupancy.
3. Detailed architectural plans of each building shaN be submitted during the plat application
process; or if a plat is not required, plans shaA b� submitted, reviewed, and approved by
the City prior to issuance of a building permit: The type of materials used on the exterior
walls shall be approved by the City.
Sfaff Report
Lake Pointe Master Plan Approval
Page 2
4. A comprehensive signage pian shaii be reviewed and approved by the City
Council prior to issuance of the first building permit based on the plan dated
3/29/96 and addre�ssing the following issues:
A. Wall signs (building identification and tenant signage) shall meet the wall
sign requirements of the sign code.
B. No free-standing pylon signs are perrnitted.
C. Height, width, illumination and type of all signs shall be clea�iy identified.
D. Two free-standing project identifier (D) signs are permitted; the size and
height to be approved by the City Council.
E. All free-standing signs shall be set back ten feet from property lines.
F. The petitioner shall receive a sign permit prior to installation.
5. The petitioner shall work with the Cit�r in preparing transportation demand
strategies to promote rid�sharing and transit use to the property.
6. 12' - 15' light standards shatl be installed along Bridgewater Drive adjacent to
the residential area Sodium high pressure lights shall be used for the parking
lot lights and street lights.
7. If the parking decks or parking areas are within the R-1, Single Family Dwelling
zone, a special use permit must be obtained prior to issuance of a building
permit.
8. If nine foot wide parking spaces are to be proposed within the developmerrt, a
special use permit as required by the S-2, Redevelopment District must be
obtained prior to issuance of a building permit.
9. Appropriate permits from the Rice Creek Watershed District, Six Cities
Watershed Management Organization, and the Minnesota Polluaon Corrtrol
Agency for storm water management and grading shall be obtained prior to
the issuance of a building permit. Detailed engineering plans and calculations
shall be submitted in conjunction with plat applications and building permit
applications for review and approval by the City.
y 9.05
Staff Report
Lake Pointe Master Plan Approval
Page 3
10. When appropriate, MEPC shall accept the transfer of the indirect Source Permit
from the HRA.
11. Detailed landscaping pians shall be submitted in conjunction with plat and
building permit applications. 10' - 12' evergreens shall be installed along the
north wall of the parking deck. The detailed landscaping shaii be based on
the concept plan dated March 29, 1996. An irrigation plan shall also be
submitted at time of building permit issuance.
12. Park fees shall be paid prior to initiation of construction of the first
development on the site. Easements shall be dedicated at time of plat
approval over the existing bikeway/walkway areas.
PROJECT DETAILS
Petition For:
Location
of Property:
Legal Description
of Property:
Size:
Topography:
Existing
Vegetation:
Existing
Zoning/Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Master Plan approval of the Lake Pointe Redevelopment
Project Area
Northwest comer of t-694 and Highway 65
Unplatted metes and bounds
41.63 acres gross; 32.77 acres net
Fairly level with raised areas for building pads
Deciduous and evergreen trees installed by the HRA
S-2 Redevelopment District
Sewer, water, and storm sewer facilities installed
Highway 65; 7th Street
19.06
Staff Report
�ake Pointe Master Pian Approval
Page 4
Pedestrian
Access:
Engineering
Issues:
Site Pianning
Issues:
Bikeway/walkway around the site
Storm water facilities
The purpose of this application is to review the master plan for a redevelopmerrt
project. Additional site issues will be addressed in future plat and building permit
applications.
The City Council on 4/8/96 adopted a resolution establishing that a new
Environmental Assessmerrt Worksheet was not necessary. The findings supporting
this decision contained an extensive analysis of the site issues and compared the
1986 plan with the current plan.
ADJACENT SITES
WEST:
SOUTH:
EAST:
NORTH:
Comprehensive
Ptanning Issues:
Multiple and single family zoning and uses.
Single family and commercial zoning and uses.
Multiple family.
Single family zoning and uses and Fridley High School
The 1982 plan identifies the area as a redevelopment
district on the 1990 land use plan.
Public Hearing Two neighbofiood meetings were held on March 7, 1996
Comments: and April 18, 1996. Both were well attended. Concems
expressed included traffic, site lines irrto the neighbort�ood,
lighting, impact on property values, and the Highway 65
intersection.
SITE HISTORY
On December 20, 1985, the Fridley HRA errtered into a Contract for Private
Redevelopment with Lake Pointe Investmerrt Company. The Contract permitted the
19.07
Staff Report
Lake Pointe Master Plan Approval
Page 5
construction of a multi-phase campus development consisting of 9 buildings including
six office buildings, three commercial buildings, and low profile parking ramps with a
total development square footage of approximately 749,730 square feet.
In 1986, the City approved the requisite rezoning, plat and special use permit
applications to permit the developer to begin construction. The property was officially
rezoned to S-2, Redevelopment District on August 12, 1986. The City also approved
construction of the street, installation of utilities, and installation of landscaping and
irrigation. The property was also graded according to an approved storm water
management plan and the building pads were prepared in accordance with the
approved Master Plan for the site.
An Environmental Assessment Worksheet was prepared by the devefoper and the
negative declaration was approved by the City on March 17, 1986. An Indirect
Source Permit was obtained from the Minnesota Pollution Control Agency (MPCA) on
July 14, 1986. Traffic, air and noise analyses were prepared for these documents
and the required state, regional, and local agencies provided comments on these
documents. .
The MPCA tndirect Source Permit expired because the development did not proceed.
A new Indirect Source permit will be necessary because the site will corrtain 2,811
parking spaces and is located at a high traffic volume interchanges.
In conjunction with the planning for the redevelopment of the property, the City
retained SEH, Short-Elliot-Hendrickson to prepare a schematic of the proposed
improvements to the Highway 65/West Moore Lake Drive/Central Avenue intersection.
The developer's traffic consultant had� completed a traffic analysis which indica#ed the
need to change the geometrics of the intersection in order to accommodate the traffic
from the development and the increase in the traffic for the general area. When it
became apparent that development would not occur on the property, authorization to
proceed with the intersection improvements was delayed.
Development on the property did not occur due to many factors. During the mid to
late 1980's, the Twin City metropolitan area experienced a significarrt amount of
growth in all construction sectors. Class A office space boomed in Minneapolis and
St. Paul as well as in some suburbs, particularly in the southwest part of the region.
Further complicating development efforts were changes in federal tax laws and in
financial institutions lending practices.
Although presented with proposals to develop the site as a commercial power center
or one story office warehouse complex, the City Council and HRA decided to retain
19.08
Staff Report
Lake Pointe Master Pian Approvai
Page 6
the original vision of the property as a corporate office campus. The HRA purchased
the property from the developer in December 1992, and initiated a marketing
campaign to attract potential developers and users.
In 1995, the HRA entered into a Contract for Exclusive Negotiations with MEPC
American Properties Inc. to market the site and to attract office and commercial
development typically associated with successful office parks. The contract expires
August 1, 1997 if a redevelopmerrt contract for first phase construcction is not
executed.
LEGAL BASIS FOR REVlEW
The S-2 Redevelopment District is intended "to allow maximum flexibility in the
promotion of difficult redevelopment districts" and "to allow for development by a plan
which is acceptable to, and in the best interest of, the City and the overall district
and development plan.° The district permits the City to determine the permitted and
excluded uses in the development. It also requires approval of "each individual
project or combination of projectsN by the Planning Commission, HRA, and City
Council.
PURPOSE OF MASTER PLAN
The purpose of this review is to approve the overall developmerrt plan of the
redevelopment project, as required in the S-2 District, and to review the plan as
required in the Contract for Exclusive Negotiation.
EXISTINC CONDITIONS
Streets
Lake Pointe Drive and Bridgewater Drive were constructed in 1986 - 1987 to serve
the property. Afthough the right of ways have not been platted, a 60 foot right of
way is proposed with 36 foot wide streets around the central part of the site. The
street and right of way are larger at the intersection of Lake Poirrte Drive with existing
West Moore Lake Drive. The streets are lined with concrete curb and gutter.
I-694 was improved in 1989 ar�1 1990 to provide additional lanes of traffic in both
directions from the Mississippi River east past the Lake Pointe site.
19.OJ
Staff Report
Lake Pointe Master Plan Approval
Page 7
No physical changes have occurred to the TH 65 intersection, however, increased
traffic, especially at the Central Avenue leg of the intersection has warranted additional
analysis.
Utilities
Sanitary sewer, water, and storm sewer facilities were installed in 1986 ar�d 1987.
The utilities are appropriately sized to serve the development. Storm ponds were
created to provide adequate treatmerrt of runoff from the developmerrt. There have
been no significant changes to the utility system which may affect the site.
Soils
Significant grading occurred on the property during street and uutility construction.
Subterranean Engineering prepared soil reports documerrting the soil conditions on
the property. Building pad sites were prepared according to the original plan
approved by the City.
In 1994, the HRA commissioned Bruce A. Leisch and Associates to complete a
Phase I Environmental Site Assessmer�t. It was determined that an are�a of the site
now occupied by the ramps to the interstate was once the location for a bus garage
and motel. After a thorough review of historical aerials and files, there is no evidence
of hazardous waste dumping, mining, or dumping.
The MPCA flle search revealed identification of a leaic site at the Uno Ven automotive
station at 5695 Central Avenue, northwest of the property. Two soil borings were
advanced in the Lake Pointe property; one boring was advanced i� the area where it
is thought the garage once existed. Low levels of impacted materials were found at
the boring where the garage once existed, but because the amounts are very small,
the MPCA will not require corrective action. It does not appear that the leak site at
the Uno Ven property is affecting the Lake Pointe property.
The MPCA issued a letter dated May 4, 1995 which stated that MPCA wiA not require
any additional corrective action on the site.
Buffer Strip and Landscaping
Also installed during street and utility eonstruction were boulevard trees around the
perimeter of the site and plantings in the 40 foot buffer strip along the residential area
#o the north. Irrigation systems were also installed to maintain the vegetation.
19.10
Staff Report
Lake Pointe Master Plan Approvai
Page 8
As part of the rezoning appiication, a 140 foot strip of land was left as R-1, One
Family Dwelling to provide a buffer area between the single family homes to the north
and the buildings on the property. A 40 foot pianting area was reserved within the
140 foot strip along the neighborhood boundary. The 60 foot right of way for
Bridgewater Drive is also within the 140 foot strip leaving a remaining 40 foot area on
the office portion of the property. A special use permit was approved in 1986 to
permit construction of the parking lots and decks to encroach about 20 feet within
the 140 foot strip. The parking areas were 20 feet from the Bridgewater Drive right
of way which is a typical setback for office parking lots. �
A combination of conifers, deciduous trees, and shrubs were planted in the 40 foot
strip abutting the single family homes. A berm was also provided in this area to
provide additional height for the landscaping. About 193 trees exist in the buffer area
and along the north lot line of the development.
The original plan anticipated construction of a three to a five foot berm with additional
vegetation on it on the south side of the Bridgewater right of way to screen the
activity of the parking areas.
About 200 additional tree.s wPxe installed along the Lake Pointe Drive right of way
and the Bridgewater Drive right of way.
Two Homes Removed
The two single family homes located nearest to the West Moore Lake Drive
intersection were purchased by the HRA in 1994 and 1995. The homes were
acquired for two reasons. First, the proposed realignment of Lake Pointe/West Moore
Lake Drive would necessitate the removal of the most easterly home (5701 West
Moore Lake Drive) and the second home (570� would be very close to the realigned
roadway. Second, the original Indirect Source Permit required the removal of 5701
West Moore Lake Drive prior to construction of Phase 2 of the original development
because of air quality impacts at the intersection.
PROPOSED PROJECT; MEPC AMERtCAN PROPERTIES
Project Characteristics
The proposed master plan prepared by MEPC dated March 29, 1996 maintains the
City's vision for the property as a corporate office park with supporting commercial
uses. As in the original proposal, multi level parking facilities are proposed between
the neighborhood and office buildings. While the general land use pattem and vision
19.11
Staff Report
Lake Pointe Master Plan Approval
Page 9
of the property remains the same, there are differences between the original plan and
MEPC's proposal. !n general, the MEPC plan is less intensive.
Density/Building Square Footage
The amount of total construction proposed by MEPC is 672,313 square feet as
compared to the original 749,730 square feet; a difference of 77,317 square feet.
Seven buildings are proposed as compared to the original 9. Four office buildings
totalling 582,000 square feet are proposed along Lake Pointe Drive. Two three tevei
parking decks separate the buildings from the buffer strip and the neighborhood to
the north.
The commercial uses include three buildings totalling 90,313 square feet. A 9,845
square foot restaurant, 130 room hotel, and a 20,000 square foot banWoffice building
is proposed.
Development Staging
The property is proposed to be developed over an 8 to 12 year time frame. Phase
one construction may include construction of the westem most office building
(124,OQ0 square feet) plus some or alt of the commercia{ uses (90,313 squa�'e f�et).
Construction is anticipated to begin in the fall of 1996 or Spring of 1997. All of the
phase 1 uses could be completed by 1999. Each office building will probably be
constructed during an eighteen month time frame depending on market demand. It
is anticipated that the development will be completed by 2007 or 2008.
Height and Lot Coverage
The four office buildings vary in buitding height from five stories to eight stories.
From west to east the buildings increase in height with two five story buildings, a six
story building, and an eight story building. Unlike the original plan, the buildings are
aligned in a north/south fashion as opposed to east/west. The proposed hotel is 4
stories tall, the restaurant will be one story, and the bank/office buitding wilt be two
stories.
These heights are the same as or smaller than the building heights ultimately
approved for the original plan. Two eight story buildings were originally proposed in
the center of the development flanked by one six story, one four story, and two three
story buildings. The hotel was proposed at six stories.
19.12
Staff Report
Lake Pointe Master Plan Approvai
Page 10
The floor area ratio for the MEPC proposal is also less intensive than the originally
approved plan. The total "footprir�Y' of the seven buildings equals 132,160 square feet
as compared to the originally approved 155,922 square feet. The total lot coverage
is 7% as compared with 10% from the previous proposal.
Traffic
in order to assess the traffic impact of the MEPC proposal, the HRA hired Benshoof
and Associates to update the original 1986 traffic study. As part of the update
process, Benshoof was asked to incorporate recerrt ir�formation from currerrt traffic
studies on the Home Depot store to the west of the site, as weil as conducting new
tum movement traffic cour�ts at the Highway 65 intersection and other affected
intersections. Traffic projections were then developed using existing data plus a
growth rate of 1% per ye�ar plus the proposed trip generation rates (as determined by
the Institute of Transportation Engineers Trip Generation, 5th Edition) for the proposed
devetopment.
In order to analyze a worst case scer�ario and to provide flsxibility for possible
additional developmerrt, a higher total deve�opment square footage beyond the MEPC .
total was used (729,345 square fee� versus 672,313 proposed by MEPCj. The .
additional square footage was assumed to be office space. .
The 1986 traffic analysis identified three roadway improvemerrt projec�s which were to
occur by 1988 and which would improve traffic conditions in the area: 1) widening
of I-694 to provide three lanes in each direcction; 2) construction of the TH. 610
bridge crossing over the Mississippi River; and 3) installation of the frorrt�ge road
between 7th Street and 57th Avenue (past the Super America and Motor Valet sites).
All of these have been constructed.
In 1986, 2,925 parking spaces were proposed. The current plan proposes 2,811
parking spaces. Because of the number of spaces and the site's location at a major
irrterchange, the MPCA requires an Indirect Source Permit to evaluate the air quality
from the traffic generated from the development. The traffic projections therefore have
to be prepared prior to completing the air quality analysis (see section below).
The anticipated amourrt of P.M. peak hour trips at full developmerrt in 2008 is 1,207
trips. In the 1986 study, 1,329 trips were arrticipated at the P.M. peak hour in the
year 2000 with full development. Since 1986, the methods of calculating traffic
impacts and computer modelling has changed to provide more accurate estimates.
The trip generation rates are also con�nually updated by the Institute of Traffic
Engineers.
19.13.
�
Staff Report
Lake Pointe Master Plan Approva!
Page 11
The trip distribution is similar to the originally analyzed plan. About 59% of the trips
will enter/leave the site at the Highway 65 intersection. The remaining 41% will
enter/leave the site from the west.
The updated traffic analysis makes similar findings for #he necessity of improving the
intersection at Highway 65 as did the original analysis. The irrtersection currently
operates at level of service D. If the improvements are not made, the intersection will
operate at level of service F in 1999 (potential year of completion of phase 1) and in
2008 at full development.
A preliminary concept plan of the improvements was developed in 1986 and was
reviewed on a preliminary basis with appropriate agencies. The updated analysis has
confirmed that the original concept plan for improvements should be used as the
basis to improve the intersection. The traffic consultant also suggests working with
MnDOT to modify the exit ramp from westbound I-694� to northbound T.H. 65 to
provide traffic signal control at the intersection of the ramp and northbound T.H. 65.
This modification is to safely accommodate motorists travelling from the e�ast on I-694
to the west on W�t Moore Lake Drive. The City has made application for and
received federal funding to offset the cost of the intersection improvement. City staff
is currently developing a timetable for preparing the detailed plans and construction of
the intersection for City Council and HRA approval in the near future.
Once the improvements are made, the traffic analysis shows that the intersection will
operate at level of service D at full development. Depending on when the
improvements are made in the late 1990's, traffic operations wilf improve prior to full
development.
The updated analysis also shows that other intersections serving the property will
operate at acceptable levels of service. The 57th Avenue and University Avenue
intersection will operate at level of service D in 2008 if appropriate signal
modifications are made to provide east and west approach left tum arrows and a
right tum arrow for the west approach.
The 7th Street and Lake Pointe Drive intersection will operate at level of service A,
except the northbound and westbound movements will operate at B and C
respectively. The 57th Avenue and 7th Street intersections (just to the northwest of
the site) will generally operate at level of service A, with some movements at B and
C in the year 2008. Traffic will increase in this area as a result of #he development,
but both 7th Street and 57th Avenue are designed to handle volumes in excess of
what is being projected.
19.14
Staff Report
Lake Pointe Master Plan Approvai
Page 12
Air Quality
Existing air quality tests for carbon monoxide (CO) levels was compieted at the park
site just south of the Fridley High School. The baseline data in the 1986 EAW was
outdated and MPCA required new testing.
Projections of carbon monoxide concerrtrations were then developed for 15 receptor
sites around the development at phase 1 completion in 1999 and in 2008 with full
developmerrt. Assumptions were made about the vehicle speed and wind
direction/speed. Also incorporated into the analysis was the traffic projections and
signal cycle timing assumptions at affected intersections. The consultant used a
MPCA approved computer projection model. The analysis revealed that there were
no violations of one hour or eight hour concerrtration thresholds in 1999 or 2008 at
any of the receptor sites. It was also assumed that the irrtersection improvements
would NOT be constructed; again, a v�rorst case approach.
The MPCA standard is 30 parts per million for a one hour concerrtration and 9 parts
per million for an eight hour concentration. The one hour CO levels around the site
ranged from 2.1 ppm across 7th Street at a duplex to 7.9 at the Super Am� at
57th Avenue and Universit�r Avenue. The eight hour levels eround the site ranged
from 1.2 ppm at homes on 57th Avenue to 5.5 at the same Super America.
Comparing the current analysis with the 1986 analysis shows, in general, lower CO
concentrations. Since 1986, significant ehanges have been made to the i�d carrtent
of gasoline, and the State has initiated a vehicle emissions testing program. Further,
the computer models for air quality testing have signficantly improved.
Noise
Noise monitoring an� projections were developed for the P.M. peak hour. A
computer model approved by the MPCA was used to project noise levels at the L10
and L50 levels.
The projected noise from the traffic of the proposed developmerrt is slight and will
not cause perceptible effects (greater than 3 dBa of the applicable State
requirements). Both the 1986 and the currerrt analysis shows that existing noise
levels at various sites around the development experience a high level of noise from
I-694 and Highway 65. In some instances, existing noise levels exceed State
standards.
19.15
Staff Report
Lake Pointe Master Plan Approval
Page 13
The noise leveis at the single f�mily homes to the north of the developmerrt along
57th Avenue will decrease due to the construction of the buildings and parking
decks. This overall decrease will occur because the effect of the buildings and
parking decks in blocking noise from I-694 will more than offset the limited noise
increase caused by vehicles traveling to and from the new development.
Wetlands
Ron Peterson from Peterson Environmer�tal Consulting Inc. toured the site on October
3, 1995, reviewed the U.S. Fish and Wifdlife Natior�al We�and lnventory map, and the
SCS CouMy Soil Survey for Anoka County. Four of the five existing stormwater
ponds were constructed on uplands and are not considered jurisdictional we�ands.
A Wetland Conservation Act replacemerrt plan or an Aimy Corps Section 404 permit
is not required. The fifth pond adjacent to West Moore Lake Drive appears to have
been constructed in a weUand which had e�cisted on the site previousfy. The pond
can continue to be used for stormwater treatment without any additional wetland
permits.
Peterson Environmental Consul�ng 1nc. also reviewed a schematic of the Highway 65
improvemerrt plans. In order to accommodate a sma11 expansion for an addi�onal
southbound right tum lane on Highway 65, about .86 acres o# fill may be necessary
within Moore Lake. In 1987, the Ciiy received a permit from DNR to complete this
activity. According to the consultarrYs anafysis, a permit from DNR wili again be
required as well as an Army Corps permit.
Wetland mitigation at a one to one ratio may be required by these agencies. The
City will be responsible for these permits and will comply with the requirements of the
state agencies.
Although new permits may be required, the nature of the fill activity is the same
activity originally contemplated in the originally approved plan.
Storm Water Management
During consideration of the original plan, it was determined �at about 18.7 acres of
the site drains west into the Six Cities Watershed District (SCWD) and about 23.8
acres drains east into the Rice Creek Watershed District (RCWD). The original plan
proposed construction of five ponds and associated storm sewer pipes to temporarily
store water after rainfall events and also to improve water quality by providing
sediment basins.
19.16.
Staff Report
Lake Pointe Master Plan Approval
Page 14
Five additional ponds are proposed in the MEPC proposal. One of the new ponds
located at West Moore Lake Drive will be designed to meet recentiy adopted water
quality treatment standards. Two of the ponds will be additional detention f�cilities,
and two ponds are proposed to provide water amenities in between two of the four
office buildings. Appropriate permits from SCWMO and RCWD must be obtained
prior to plat approval. The legal boundary of the RCWD is located at West Moore
Lake Drive, even though part of the site drains into the west basin of Moore Lake.
In comparison to the original land use as a driv�in the�ater, the proposed
development will increase the amount of impervious surface and increase the number
of ponds for settlemerrt of pollutants and sediments. In addition, the rate of runoff
will be slower and will be controlled according to the standards by the watershed
management organizations.
Utilities
The site is served by an 8 inch sewer line which is located in Lake Pointe Drive
about 640 feet south of West Moore Lake Drive and extends to another 8 inch line in
7th Street. The commercial lot at the West Moore Lake Drive and Highway 65
intersection is served by ihe 10 ir�ch main in West Moore Lake Drive. Pe�ak flows
were calculated for full development during consideration of the original plan.
Because the MEPC proposal is smaller, there will be no additianal impacts the
sanitary sewer system.
The site is senred by a looped system of 8 inch and 10 inch water mains. Hydrants
have also been installed around Lake Poirrte Drive and Bridgewater Drive. The size
and nature of the water system was based on the original development proposal;
there will be no additional impacts to the water system based on the MEPC proposal.
��io
An extensive amount of earthwork was completed as part of the street, utility, and site
grading project in 1986 and 1987. In general, peat and organic soils were removed
and replaced with appropriate materials when necessary. There were 13 areas
around the site where peat was removed. Building pads were prepared in
accordance with the original plan. MEPC will be responsible for completing additional
soil strength testing or adjustment if the building pads need to be changed to match
the MEPC proposal.
19.17
Staff Report
Lake Pointe Master Plan Approval
Page 15
ANALYSIS OF MASTER PLAN
Permitted Uses
The S-2 District provides the City with the ability to stipulate permitted and prohibited
uses within the development. Permitted uses for the Lake Pointe Office Park shall
include offices typically associated with Class A/corporate offices, hotel and
conference facilities, C1ass III Restaurarrts ("sit downN restaurarrts), banks and financiai
institutions, day care uses and other appropriate uses as approved by the City. The
zoning district provides the City with the ability to approve or disapprove "uses
alfowed in each individual buildingu.
If uses are consistent with the permitted uses listed above, no further review by the
Planning Commission and City Council wiil be required. Uses which are
unacceptable are fast food restaurarrts, or industrial uses with significant truck traffic.
Instead of identifying a list of prohibited uses, a stipulation is proposed which states
the permitted uses and requires City approval of any other type of use.
Lot and Structural Requirements
The property as it exists is not platted. A plat was approved in 1986 but it was not
recorded. The HRA will maintain ownership of the property until MEPC finds potential
users, and at that time, a development contract will be negotiated for the part of the
property proposed to be developed. Plat applications will be required as the
property is developed and prior to issuance of building permits.
Architecture
The petitioner proposes to use brick as either the predominant building material or as
paver blocks in pedestrian areas or the landscaping plaza areas. In the narrative
submittal dated March 29, 1996, the architect for MEPC also indicates that precast
concrete with "warm-toned" aggregate facing or polished aggregate finishing may be
used. "We do not intend to make all of the buildings look alike: controlled variety in
form, mass, and color is importarrt to provide individuality."
The commercial uses will be designed by the companies that purchase the site.
MEPC proposes to "maintain a design consistency throughout the park by
standardizing common elements signage monuments, lighting poles, and landscape
materials."
19.18
Staff Report
Lake Pointe Master Plan Approval
Page 16
Brick, of all colors, has been a major architectural feature of the redevelopment
projects in the Center City area (Target office building, Vllage Green apartments,
Columbia Park office buildings, Norwood Square Senior Apartmerrts, and the
townhomes in Christenson Crossing) and in public street improvements at East Moore
t_ake Drive, East River Road, Mississippi Street, and Highway 65 and 53rd Avenues.
Brick is encouraged to be used as paver blocks in the landscaped areas since it
mimics other street improvement projects. It is also recomrnended as an element in
the design of the buildings recognizing that other materials are also to be used.
Because the color schemes and the design of the commercial uses will not be
known until the specific corporate entity is identified, the use of common signage,
lighting and landscape materials is necessary. It is also suggested that a common
architectural feature or material, such as brick, be repeated in the design of the
commercial buildings. While it is agreeable to encourage building individuality, drastic
differences between the oifice buildings and the commercia) uses should be avoided.
The petitioner also wanis to be cautious of the appearance and compatibility of the
uses as well.
A stipulation is proposed to require detailed architectur�l plans during the plat
application process and to provide for City approval of the materiais on the exterior
walls.
Signage
A conceptual signage plan has been submitted which proposes four types of signs:
Building Wall Identifier (A); Office Building Entry Identifier (B); Parking Directional (C);
Project Identifier (D).
Section 214.13 of the City's Sign Code requires Council approval of signs within
planned unit development districts. Although redevelopment districts are not
specifically referred to in the Sign Code, the district and deve(opment are essentially a
planned development.
The wall identifiers (A) would typically be perrnitted as well as the building identifiers
(B). The wall identifiers would be in addition to tenant signage. The total of all wall
signs should not exceed the currerrt standard for wall area signs for commercial
buildings.
The building identifiers (B) are proposed at 30 square feet and are not pylon signs.
These are also proposed for the commercial lots. The typical tall pylon signs are not
recommended for the commercial lots. The proposed signs provide continuity with
19.19
Staff Report
Lake Pointe Master Plan Approval
Page 17
the office buildings and promote a consistent, neat appearance. Wall signs wiii be
easily seen from the interchange area.
The direc�onal signs (C) are proposed at 5 square feet and are well placed near the
entrances to the parking decks.
The project identifiers (D) are proposed at 600 square feet and are proposed at the
entrance to the park and between I-694 and Lake Poirrte Drive. Atthough signs of
this type are necessary for developmer�ts of this size, further review of the height,
width, and size of these signs needs to be completed. The petitioner has indicated
that this is an initial proposal and will be refined as tenants are attracted to the site.
Staff is currently researching other developments of this nature in relation to signage
requirements.
A comprehensive sign plan approved by the Council prior to development on the
property is proposed as a stipulation.
Compatibility with Adjacent Neighborhood
Two neighbofiood meetings were conducted in March and April. Property owners
around the entire site were invited. Concems expressed included traffic, site lines into
the neighborhood, lighting, impact on property values, and the improvemerrt to the
Highway 65 and elVest Moore Lake Drive/Central Avenue intersection.
There is no question that the devetopmerrt will create additiona! traffic. The City has
initiated and intends to complete the improvement to the Highway 65 intersection as
previously discussed in 1986. Federal funding has been approved for the irrtersection
and the necessary steps to complete the improvements are undervvay in hopes of
completing the improvemer�ts by 1999 - 2000.
The street system to the west ofi the property will also experience additional trafific but
7th Street and 57th Avenue are designed as collectors to handle the additional traffic.
Additional work at the University Avenue/I-694 intersection is also being proposed to
MnDOT. Home Depot is also studying traffic altematives to 57th Avenues west of
University Avenue.
In addition, the Metropolitan Council, in its 1989 amendmer�t to the Transportation
System Plan, adopted a policy to require cities to implemerrt "transportation demand
strategies" where uhighly congested corridQrs" exist. Although improvements to l-694
were completed in 1989 and 1990 which significantly improved its operation, the
petitioner and the City should work together to develop and promote transit use by
19.20_
Staff Report
Lake Pointe Master Plan Approvai
Page 18
potential office employees including ride sharing programs, buses, and van pools.
Further, flexible working hours should also be encouraged to minimize pea{c hour
impacts. It is well documented that peak hour traffic consists of °single occupancy"
(single driver) vehicles.
A site line analysis was completed by the petitioner and a"balloon study" was
completed by City staff. A balloon was floated in the air at the height of the
buildings. The balloon was photographed from the buffer ar� near ihe residences
on 57th Avenue. Although the buildings will be seen from the residerrtial area, there
is a sufficient amount of distance to prevent an oifice v�orker from seeing into the
homes. Further, the landscaping proposed by the petitioner will be significant and
will also help to screen site lines.
The impact on adjacent property values cannot be predicted at this time since value
is dependent on a history of sales in the area. It is reasonable to suggest however
that the proposed development will not decrease values since it is irrtended to be
high value construction with corporate office amenities. Other areas in the City have
not shown decreases when developments. of more irrtensity (retail oommer�cial or
industrial) have occurred. Finally, the ultimate sales price is dependerrt on several
factors related to the home and the needs of the buyer. �
Lighting
Four types of lights standards are proposed. A 30 foot tall light standard (A) is
proposed on the top level parking deck and within the surface parking areas; a 30
foot standard is proposed along the streets with a"�onnrard throvW" (B); a ground light
is proposed at the base of the office buildings (C); and a bollarci style light is
proposed in the plaza/common areas (D).
A shorter street light is recommended for Bridgewater Drive along the residential area.
The petitioner has also agreed to install high pressure sodium lights instead ofi the
metal halide indicated on the plans.
Buffer Strip
The area which remains zoned as R-1 is approximately 130 feet in width. The
parking decks appear to be located just outside of this zoning. If within the R-1
zone, a special use permi� for parking areas in R-1 zones must be obtained
(Vlloodbridge had previously applied for and received a speciaf use permit since
surface parking was proposed i� this area).
19.21
Staff Report
Lake Pointe Master Plan Approval
Page 19
Landscaping
The petitioner submitted a concept plan for landscaping materials. Detailed plans wili
be required as part of piat or building permit applications.
In addition to the 393 existing trees on site, the petitioner is proposing at least 104
deciduous overstory trees, 149 coniferous trees, ar�d 152 deciduous understory trees.
The landscaping requirements require 1 tree for every 1,000 square feet of building
square footage, or 672 trees. Existing trees can be counted as part of required
trees. A 25% reduction can also be applied for trees planted greater than 6 feet for
coniferous and greater than 2)/2 inch catiper for deciduous trees.
Taller evergreens are recommended on the berrns immediately north of the parking
decks; 10 to 12 feet is recommended. Additional vegetation is also proposed within
the buffer area where there is no existing vegetation.
While it appears as though the tree requirement can be met, the petitioner is
encouraged to maintain the landscaping concepts proposed in current submittal.
Common Areas
The petitioner is proposing two common areas for corporate gatherings and
community events. The frst area is just east of Bui{ding #4 and the other is
between Buildings #2 and #3.
Public easements over the bikeway/walkway areas will be requ'sred at time of plat
approval.
A covered walkway/"skyway" is proposed along the front of the parking deck to
connect all of the buildings.
Parking Space Sizes
The S-2 District requires issuance of a special use permit for parking spaces 9 feet in
width. The S-2 District was amended when the City amended the zoning ordinance
to permit 9 foot wide parking spaces for industrial districts. The amendment was
based on the assumption that most industrial uses generate employee traffic as
opposed to high tumover traffic typical _of commercial developments. If 9 foot wide
spaces are to be proposed in the parking decks or surface parking, a special use
permit must be approved.
19.22
Staff Report
Lake Pointe Master Plan Approval
Page 20
Park Fees
The Park and Recreation Commission reviewed the Master Plan at its May 6, 1996
meeting. The Commission recommended that park fees be collected at the time of
building permit issuance. The current rate for commerciai and industrial
developments is .023 cents per square foot of land. A stipulation is proposed to
require payment of park fees at the rate in effect at the time of building permit
issuance.
Storm Water
Five additional ponds are proposed on the plan. Permits from the RCWD and
SCWMO must be approved prior to issuance of building permits. Detailed
engineering plans and calculations must be submitted at time of plat application.
Indirect Source Permit
The HRA has applied for an indirect source permit since the site is now under its
ownership. The HRA will be required by the MPCA to transfer the permit when
ownership changes. A stipulation is proposed to require MEPC to comply with the
requirements of the MPCA when it is appropriate to transfer the permit.
RECOMMENDATION
The proposed Master Plan is consistent with the objectives of the City's
Redevelopment Plan. Staff recommends the Planning Commission recommend
approval of the plan to the City Council and HRA subject to the following stipulations:
1. Appropriate plat applications shall be submitted and approved prior to
development of the property.
2. All uses in the development shall comply with the following list of permitted
uses: office uses typically associated with corporate/Class A office
developments; hotel and conference facilities; banks/financial institutions; Class
IN restaurants as defined in Section 205.03.59 of the zoning code; daycare
facilities; and other uses as specifically approved by the City. Uses allowed in
each individual building after construction will be the same or similar to those
uses identified in this application. The City shall review and approve each use
prior to occupancy.
19.23
Staff Report
Lake Pointe Master Plan Approval
Page 21
3. Detailed architectural plans of each buiiding shall be submitted during the piat
application process; or if a plat is not required, plans shall be submitted,
reviewed, and approved by the City prior to issuance of a buiiding permit.
The type of materials used on the exterior walls shall be approved by the City.
4. A comprehensive signage plan shall be reviewed and approved by the City
Council prior to issuance of the first building permit based on the plan dated
3/29/96 and addressing the following issues:
A. Wall signs (building identification and tenant signage) shall meet the wall
sign requirements of the sign code.
B. No free-standing pylon signs are permitted.
C. Height, width, illumination and type of all signs shall be cfearly identified.
D. Two free-standing project identifier (D) signs are permitted; the size and
height to be approved by the City Council.
E. All free-standing signs shall be set back ten feet from property lines.
F. The petitioner shall receive a sign permit prior to installation.
5. The petitioner shall work with the City in preparing transportation demand
strategies to promote rid�sharing and transit use to the property.
6. 12' - 15' light standards shaA be installed along Bridgewater Drive adjacent to
the residential area. Sodium high pressure lights shall be used for the parking
lot lights and street lights.
7. If the parking decks or parking areas are within the R-1, Single Family Dwelling
zone, a special use permit must be obtained prior to issuance of a building
permit.
8. If nine foot wide parlcing spaces are to be proposed within the development, a
special use perrnit as required by the S-2, Redeveiopment Distric# must be
obtained prior to issuance of a building permit.
19.24
Staff Report
Lake Pointe Master Plan Approval
Page 22
9. Appropriate permits from the Rice Creek Watershed District, Six Cities
Watershed Management Organization, and the Minnesota Pollution Control
Agency for storm water management and grading shall be obtained prior to
the issuance of a building permit. Detailed engineering plans and calculations
shall be submitted in conjunction with plat applications and building permit
applications for review and approval by the City.
10. When appropriate, MEPC shall accept the transfer of the Indirect Source Permit
from the HRA.
11. Detailed landscaping plans shall be submitted in conjunction with plat and
building permit applications. 10' - 12' evergreens shall be installed along the
north wall of the parlcing deck. The detailed landscaping shall be based on
the concept plan dated March 29, 1996. An irrigation plan shall also be
submitted at time of building permit issuance.
12. Park fees shall be paid prior to initiation of construction of the first
development on the site. Easemer�ts shall be dedicated at time of piat
approval over the existing bike�rvay/walkway areas.
PLANNING COMMISSION ACTION:
The Planning Commission recommended approval of the Master Plan with a
modification to stipulation #12 as reflected above.
CITY COUNCIL RECOMMENDATION:
Staff recommends that the City Counci! approve the Master Plan subject to the
Planning Commission's recommenda�on.
19.25
205.23 S-2 REDEVELOPMENT DISTRICT REGULATIONS
1. PURPOSE
The purpose of this special 2oning district is to:
A. Allow for a mixed use development within special redevelopment
district s set up under Chapter 462 of Minnesota State
Statutes for the healtii, safety and general welfare of the
City.
B. Al1ow for the maximum flexibility in the promotion of
difficult redevelopment projects.
C. Allow for development by a plan which is acceptable to, and
in the best interest of, the City and the overall district and
development plan.
2. IISES PERMITTED
Permitted uses in S-2 Districts are:
Those uses which are acceptable to the overall redevelopment plan and
specific development glans as apgroved by the City. Upon approval of
the specific development plans, the City shall determine the specific
{' uses that are permitted within the development.
3. IISES ALLOWED AFTER PLAN DEVELOPMENT
Uses allowed in each individua2 building after construction will be
the same as or similar to those uses approved in.Section 205_22.2.
above.
4. USES ERCLUDED
T'hose uses unacceptable to the overall redevelopment plan and specific.
development plans, as determined by the City, are excluded uses in S-2
Districts.
S. PROCESS FOR APPROVAL
A. Plans for each individual project or combination of projects
must be submitted to the Planning Commission for review and
recommendation to the City Councii. The City Councii shall
have final authority to approve ali project plans,
B. Project plans submitted to the Planning Commission and City
Council shall include the following minimum criteria:
(1) Site plans showing the location of buildings, off-street
f parking, street and utility locations, auto and pedestrian
', 1,.`, access to and from the project, any modification to
existing services, grading plans, storm water plans,
building exterior finish, lighting and signing and
landscape plans.
205.23.05.
S-2 RE-
DEVELOPMENT
DISTRICT
REGULATIONS
PURPOSE
IISES
PERMITTED
USES
EXCLUDED
9/92 19.26 .
205_S2-1
205.23.05.
(2) Written City staff review on project compatibility to the
overail redevelopment plan.
(3) A written Housing and Redevelopment Authority (HRA) report `
on project plan approval and considerations.
C. Any substantial modification to the plan must be submitted
through the Planning Commission and approved by the City
Council.
6. PERFORMANCE STANDARDS
All performance standards for uses in this district shall be
comparable to other similar uses that are allowed in other districts.
Parking space sizes may be reduced to nine (9) feet in width upon
approval of a special use permit. �Ref. Ord. 952)
PERFORMANCE
STANDARDS
t
f,,```� :
.. i
9i92 -19.27. .
205.S2-2
8400 Nortnandale
Lake Boutevard
Suite 130
Bloomington
Minnesota 55437
Tel: 612 831-6460
Fax: 612 831-6470
March 29, 1996
Barbara Dacy, AICP
Community Development Director
City of Fridley
6431 University Avenue NE
Fridley, NIN 55432
Re: Lake Pointe Office Park Master Plan Submittal
for MEPC American Properties, Inc.
Dear Barbara,
On behalf of MEPC American Properties, Inc., vve are pleased to submit our Master Plan package for
Lake Pointe Office Park. The enclosed package contains the follovving documents:
Plans (3) 24"x36" size and (3) 11"xl7" reductions, dated March 29, 199b:
Sheet A1 Master Site Plan
Sheet AZ Site Sections
Sheet A3 Signage Plan
Sheet A4 Lighting Plan
Sheet C 1 Grading and Drainage Plan
Sheet C2 Utility Plan
Sheet L1 Landscape Plan
Written Narrative (1) 8 1/2"xl l", 3 pgs.
Do not hesitate to call if you have any questions. We have enjoyed working with you on this project; and
look forward to getting this project under construction.
Sincerely,
Edward Farr Architects, Inc.
�;�a�z "
Edward Farr, AIA
President
19.28
NARRATIVE FOR
LAKE POINTE OFFICE PARK
MASTER PLAN SUBMITTAL
March 29, 1996
Overview
MEPC American Properties, Inc. and Edward Farr Architects, Inc. have designed a Master Plan which
contemplates a high quality commercial development consisting of low-rise to mid-rise office buildings
within the 24.56 acre western portion of the property, and low-rise supportive commercial, retail, and
hospitality uses within the 8.21 acre eastern portion of the property.
Office buildings respond to the I-694 freeway exposure by fronting the southern property edge. Parking
decks have been provided instead of only surface parking to free-up landscaping space for an open
campus environment, and to offer comfortable covered parking for tenants. A"Commons" area has been
created aside for the enjoyment of the Office Park community as well as holding small civic events. In
addition to the existing paved walk paths winding thru Lake Pointe, we have proposed a climate
controlled walkway environment between office buildings to enhance the sense of community and to
share corporate services in inclement weather. Supportive businesses on the eastern parcel include a
restaurant, hotel, and bank/office building. These services are appropriately located closest to the entry
to Lake Pointe: and their site shapes allow for easy subdivision of parcels for specific users.
Exterior Buitding Materials
We desire to convey feelings of warmth, sensibility, and pleasant te�cture with our selections of exterior
materials. Brick will be incorporated as either predominant building materials, or as paver blocks and
landscaping plaza feature areas. Architectural precast concrete may be utilized also, with warm-toned
aggregate facing or possibly a polished aggregate finish to mimic granite. Many new architectural wa11
panel products are on the market which offer rich, warm, textured finishes also. We do not intend to
make all of the buildings look alike: controlled variety in form, mass, and color is important to provide
individuality. Gtass will be energy efficient reflective insulated units, using subdued shades; not harsh or
brilliant colors. Architectural trimwork will be incorporated to add a human scale of detail. A variety of
accent materials will be considered to enhance each building's facade tastefully. Rooftop HVAC units
and elevator penthouses will be architecturally integrated into the overali building design to avoid the
awkward rooftop dog-house effect.
Parking decks will have opaque panels between floors to screen the cars from view, yet remain open-air
between, for ventilation and natural lighting. The spandrel material will be an architectural precast
concrete panel, or possib(y brick.
The supportive commercial buildings, 5, 6, and 7, will have their own unique functional form, color, and
texture to convey their use. Yet, we will maintain a design consistency thruout the park by standardizing
common elements of signage monuments, lighting poles, and landscape materials.
19.29
Pedestrian Circulation
A variety of pedestrian amenities will be offered at Lake Pointe. The existing paved path around the
project will continue to serve the community at large with a beautiful, well landscaped outside
experience. The path connects to neighboring residential areas as well as all of our buildings: perfect for
the daily jogger and the lunchtime walk-around crowd.
Climate controlled walkways are being proposed along the south face of the parking decks to provide
year-round pedestrian access. These enclosed walkways have the following advantages:
. Comfortable and convenient environmental experience,
• Promotes circulation between office buildings to enhance availability of services amongst tenants,
. Glassed wa11 of the enclosure enhances the south parking deck wall design, minimizing the visual
impact of the structure.
Another feature proposed is Lake Pointe Commons, a public space amenity between buildings 2 and 3.
The Commons offer the following elements:
. Hardsurfaced, terraced central plaza. with bench seating for eating lunch or simple lounging.
. Water feature with fountain sculpture to act as focal point.
• Extensive grassy areas for summer relaxation and enjoyment
. Overstory deciduous and coniferous trees between the plaza and building 3's loading court provide a
visual and acoustical buffer, plus offer a background "wa11" for sma11 entertainment functions on the
north side of the plaza.
. Generous flowering plants to add a variety of color and fragrance thruout the seasons.
The Commons will be a lively area, available for such community events as farmer's m�Tkets, musical
concerts, alternative corporate gathering areas, tenant parties, ice cream socials, and numerous other
opportunities.
Landscaping
The previous concept for the landscape plan organized the site by creating a pleasing boulevard effect
along Lake Pointe Drive. Deciduous trees 4" - 6" in size were planted every 50'-60' on center, plus
coniferous trees to add green color year round. There were groups of trees planted to break up the large
expansive areas. These trees were to be relocated at the original time of development. A 40' buffer was
created adjacent to the residential area to provide screening for the residents using evergreens, shade
trees and shrub masses. An irrigation system was installed in the areas adjacent to the road between the
road and sidewalk and in the 40' buffer strip to the north.
In keeping with the previous concept, similar .species will be used to enhance the e�sting plantings, this
time in groups of deciduous and coniferous trees along with an understory of flowering trees and shrub
masses. Shade trees will be used in and around parking lots�;providing shade and continuing the
boulevard effect into parking areas, groups of conifers will be used for��screening and for additional green
color thru the year; plus groups of understory flowering were used to add spring and winter interest.
19.30
Heavy use of coniferous trees will be used along with berming and shrub masses near parking ramps
facing residential areas, providing additional screening to supplement the 40' buf%r strip. Existing trees
that are in good condition, that would be lost during construction operations, will be transplanted on site
to fill in areas where they are needed. Care will be taken to protect the existing trees which have now
matured to 5" - 7" in size. Note that trees within the 40' buffer strip will not be disturbed.
The entire site will be regraded and reseeded. Each building site will be planted, sodded and have an
irrigation system as each phase is developed.
Impact on adjacent residential neighborhood
It is one of our main goals to integrate our development carefully with the single family residential
neighborhood. Many of the efforts to make this integration happen successfully have been put in place
already, and we have hopefully incorporated useful design techniques to ensure that the impact is
minimized:
. Parking decks have been set back from the residential lot lines approx 130', which represents the S2
zoning line from R1 zoning on our property. This distance was previously determined when the
original Master Plan was designed. -
. Taller office building structures are placed as far away as possible (south) from single family homes to
minimize visual impact.
. No buiidings are talIer than the previous approved Master Ptan, our tallest building is 8 stories.
• A dedicated Landscape Buffer Zone was established to shield residences from noise, glare, and
objectionable visual issues. Trees have matured nicely since the plantings were installed, providing
excellent view cut-off lines for the residents.
. Supplemental earth berming will be provided along the south edge of Bridgewater Drive to screen the
parking decks as much as possible. These berms will be heavily planted also.
. Shared pathway systems are in place, promoting pedestrian circulation around the local area. These
paths wind beautifully thru the landscape offering scenic experiences.
. Lake Pointe Commons is intended to serve the community at large by offering a place for small civic
events such as evening concerts, farmer's market days, and casual relaxation environments.
. New businesses will offer convenient services for local residents; banks, restaurants, etc....
. Light fixtures have been specified to minimize "spill light" and glare problems. Coniferous trees will
be strategically placed across from parking deck exits to provide year-round screening of headlamp
glare.
Respectfully submitted,
Edward Farr Architects, Inc.
C;�����
Edward A. Farr, AIA
President
19.31
PL�NNING COMMISSION MEETING MAY 15 1996 PAGE 7
Ms. Savage asked if the violation of an ordinance was a
misdemeanor.
Mr. Hickok stated yes.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED IINANIMOIISLY.
2_ PUBLIC HEARING: CONSIDERATION OF MASTER PLAN APPROVAL FOR
LAKE POINTE OFFICE PARK BY MEPC AMERICAN PROPERTIES INC.:
The S-2, Redevelopment District requires review and approval
of a development plan in areas when redevelopment is
proposed. The petitioner is proposing to construct 582,000
square feet of multi-story corporate office space and 90,313
square feet of supporting commercial uses, including a one-
story restaurant, a four-story hotel, and 20,fl00 square feet
for a bank/office. The site is loFated in the northwest
corner of I-694 and Highway 65.
MOTION by Ms. Modig, seconded by Mr. Saba, to waive the reading
of the public hearing notice and to open the public hearing.
IIPON A VOICB VOTE, ALL VOTING Ayg� Cg�jIRPERSON DECLARED THE
MOTION CARRIED AND TH$ PUBLIC HEARING OPEN AT 8:04 P.M.
Ms. Dacy stated the Lake Pointe property is located in the
northwest corner of I-694 and Highway 6�. The site is
approximately 41 acres and 32.77 acres without the outlots and
ponds. The site is served by Highway 65 and the West Moore Lake
and Centra�. Avenue intersection. Lake Pointe Drive rinqs the
site along the south and links the site to 7th Street on the
west. Bridgewater Drive is to the north. There is a zoned area
of R-1, Single Family, along the north of the site. The purpose
for the zoning was for a buffer strip. The remainder is zoned S-
2, Redevelopment District. T2Ze purpose of the Planning
Commission review is to review the proposed development plan for
this property which is required by the zoning. A redevelopment
district gives the City a maximum amount of control and
flexibility in how to evaluate what goes on at the property. It
gives the City a say in what uses are or are not appropriate and
gives the Planning Commission, the City Councii and the Housing &
Redevelopment Authority (HRA) the ability to approve or
disapprove each project, building and/or use in this area. The
master plan approval is the first step in the development process
for this property_
Ms. Dacy stated the project-may take 8 to 10 years to complete.
MEPC is the petitioner for this�site. They have entered ir�to a
�;5�;3: contract for exclusive negotiations with the HRA. Essentially,
the contract states MEPC has the authority on the HRA�s behalf to
19.32
PLANNING COMMISSION MEETING MAy 15 1996 PAGE 8
;
try to bring development to the property. That contract also
requires MEPC to submit a master plan.
Ms. Dacy stated the plan is similar in terms of concept and
vision as the plan established by the City 10 years ago. The
City and HRA have seen this site historically as an office park
with supporting uses. The proposed plan is similar in vision and
use but less intense than the original plan. What is being
proposed on the site is a 582,000 square foot of office space in
four buildings and 90,313 square feet of coYamercial use in three
buildings. Starting at the west portion of the site, the first
two office buildings are proposed to be five-stories, the third
building with six stories, and the fourth building having eight
stories. A parking ramp is proposed to be located to the north
of the office buildings. The first parking level would be below
grade, the second level at grade, and the third level one story
above grade. The types of uses proposed are office and corporate
uses. The commercial uses include a restaurant, a four-story
130-room hotel, and a bank or other smaller type of office use.
Ms. Dacy stated a technical detail is that the property is not
platted at this time. Prior to the developer coming in and
receiving permissian to construct a building, the petitioner must
have a plat for every building or group of buildings they intend �
to construct.
Ms. Dacy stated architecture i.s something the Pianning Commission
may want ta discuss.with MEPC. MEPC has submitted a written
summary of the types of materials being evaluated. Open areas
are being proposed. There is also a plan for consistent
landscaping, signage and lighting. Most of the signs proposed
are already consistent with the ordinance. MEPC is proposing to
construct two fairly large signs which are bigger than what we
have seen in Fridley. This will be discussed at a later time.
Ms. Dacy stated another issue is traffic. This is probably the
most important issue pertaininq to this development. The traf�ic
consultant for the HRA is at the meeting. He has completed an
updated analysis. The major findings were that the intersection
at Highway 65, West Moore Lake Drive, and Central Avenue needs to
be improved. Additional turn lanes need to be provided into the
development as well as alignment shifts to align West Moore Lake
Drive and the development. The City is committed to completing
the improvements. The City has applied for Federal funds to help
fund these improvements. It could take two to three years to get
all the approvals required for this project. Traffic is also a
concern of the neighborhood. Another thing to evaluate is a
transportation demand management�strategy. We would be trying to
encourage transit into and out of the site (i.e. car pools, van �s>;>:.
pools, buses, etc.) to discourage single occupancy vehicles and `
19.33
PLANNING COMMISSION MEETING MAY 15 1996 PAGE 9
to encourage high occupancy vehicles_ With less cars on the
roadway, there is less congestion.
Ms. Dacy stated staff worked with the developer on the lighting.
They have agreed to reduce the lighting to 12 to 15 feet on
Bridgewater Drive to minimize the impact to the residential area.
Ms. Dacy stated the developer is proposing substantial
landscaping on the north side. The site now has 393 trees. The
plan proposes an ad3itional 405 trees which is in excess of the
requirement of 672 trees. Staff is working with the developer to
install larger plant sizes north of the parking decks as weil to
establish a buffer from the residential area.
Ms. Dacy stated the developer wants a nine-foot wide parking
space which will require a special use permit. If that is
proposed,.they will have to come througl3 the process.
Ms. Dacy stated the Parks and Recreation Commission looked at
this request. The Commission recommended that the park fees be
paid up front at the time prior to the first building permit.
� Ms. Dacy stated the developer is adding five ponds to the five
' already on the site for storm pond management. One pond is in
the northeast corner of the site. About 40� of the site runs
into Moore Lake and is under the jurisdiction of Rice Creek
Watershed. A permit from the watershed district is required.
Ms. Dacy stated staff recommends approval of the proposed master
plan. The proposed plan is consistent with the r�development
objectives of the City. As a next step, the proposed pian will
go to the HRA on June 13 for their recommendation. The plan will
then go to the City Council on June 24. Then, if approved and
MEPC is successful in bringing development to the site, they will
then be back for the plat and special use permit. If approved,
staff recommends the following stipulations: •
l. Appropriate plat applications shall be submitted and
approved prior to development of the property.
2. All uses in the development shall comply with the following
list of permitted uses: office uses typically associated
with corporate/Class A office developments; hotel and
conference facilities; banks/financial institutions; Class
III restaurants as defined in Secti.on 205.03.59 of the
zoning code; daycare facilities; and other uses as
specifically approved by the City. Uses allowed in each
individual building after construction will be the same or
similar to those uses identified in this application. The
City shall review and approve each use prior to occupancy.
19.34
PLANNING COMMISSION MEETING, MAY 15, 1996 PAGE 10
3. Detailed architectural plans of each building shall be
submitted during the plat application process; or if a plat
is not required, plans shall be submitted, reviewed, and
approved by the City prior to issuance of a building permit.
The type of materials used on the exterior walls shall be
approved by the City.
4. A comprehensive signage plan shall be reviewed and approved
by the City Council prior to issuance of the first building
permit based on the plan dated March 29, 1996 and addressing
the following issues:
A. Wall signs (building identification and tenant signage)
shall meet the wall sign requirements of the sign code.
B. No free-standing pylon signs are permitted.
C. Height, width, illumination and type of all signs shall
be clearly identified.
D. Two free-standing project identifier (D) signs are
permitted; the size and height to be approved by the
City Council.
E. All free-standing signs shall be set back ten feet from
property lines.
F. The petitioner shall receive a sign permit prior to
installation.
5. The petitioner shall work with the City in preparing
transportation demand strategies to promote ride-sharing and
transit use to the property.
6. 12 to 15-foot light standards shall be installed along
Bridgewater Drive adjacent to the residential area. Sodium
high pressure lights shall be used for the parking lot
lights and street lights.
7. If the parking decks or parking areas ar within the R-1,
Single Family Dwelling zone, a special use permit must be
obtained prior to issuance of a building permit.
8. If nine-foot wide parking spaces are to be proposed within
the development, a special use permit as required by the S-
2, Redevelopment District, must be obtained prior to
issuance of a building permit.
9. Appropriate permits from the Rice Creek Watershed District,
Six Cities Watershed Management Organization, and the
19.35
PLANNING COMMISSION MEETING MAY 15 1996 PAGE 11
Minnesota Pollution Control Agency for storm water
management and grading shall be obtained prior to the
issuance of a building permit. Detailed engineering plans
and calculations shall be submitted in conjunction with plat
applications and buiiding permit applications for review and
approval by the City.
10. When appropriate, MEPC shall accept the transfer of the
Indirect Source Permit from the HRA.
11. Detailed landscap�ng plans shall be submitted in conjunction
with plat and building permit applications. i0 to 12-foot
evergreens shall be installed along the north wall of the
parking deck. The detailed landscaping shall be based on
the concept plan dated March 29, 1996. An irrigation plan
shall also be submitted at time of building permit issuance.
12. Park fees shall be paid prior to the initiation of
construction of the first development on the site.
Easements shall be dedicated at the time of plan approval
over the existing bikeway/walkway areas.
Mr. Saba asked Ms. Dacy to clarify the wetZand mitigation
required and the classification of.the.wetiand on the site.
Ms. Dacy stated the consultant indicated there are no wetland
areas within the project on the site. One pond constructed l0
years ago was constructed in a wetland.area at that time. The
wetiand issues are going to be the responsibility of the City
when the City evaluates the reconstruction of the Highway 65
intersection. Part of the reconstruction is to add a southbound
right turn lane on Highway 65 into what will be Lake Pointe
Drive. There is a small amount of the wetland areas that is
adjacent to Moore Lake. Ten years ago, the City applied for and
received a permit, but that permit has expired. The requirements
since then have changed. We must comply with the current
requirements.
Mr. Farr stated he is an architect with Ed Farr and Associates.
They have designed a master plan for a high quality, Class A
commercial development with mid-rise and low-rise office
buildings on a 24.5-acre westerly portion of the site and low-
rise commercial and hospitality uses on an 8.2-acre easterly
parcel. The office buildings would have a freeway exposure.
Commons areas were created for enjoyment of a park-like area. In
addition to the walking paths proposed, an enclosed walkway
between the office buildings is proposed to enhance the sense of
community and to share services:
19.3s
PLANNING COMMISSION MEETING, MAy i5, 1996 PAGE 12
Mr. Farr stated support services to the east include a
restaurant, a hotel, and a bank near the entrance. These
services are appropriately located near the entry to Lake Pointe.
Mr. Farr stated the exterior materials were chosen to convey
wariuth, sensibility, and texture. Brick will be incorporated.
Architectural precast concrete wall paneis will be used as well.
They do not intend to make all the buildings look alike. The
glass used will be energy efficient, reflective, insulating glass
in subdued shades. The architectural trim and detail will be
incorporated in a human scale. Rooftop units will be
architecturally concealed. The commercial buildings would have
their own architecture but they still have control over the
design.
Mr. Farr stated the paved path would continue to serve the
community. A climate-controlled walkwa� is proposed along the
south side of the parking ramps for year around pedestrian
access. The Lake Pointe commons areas will be a public space
amenity. The central plaza would have a water feature and
plants. They envision this area to be a lively experience with
public concerts, etc.
Mr. Farr stated the landscaping is in keepi�g with the previous l..
developer's concept. Similar plants are being proposed using
deciduous and coniferous trees. Shade trees will be used in and
around the parking lot. Coniferous trees will be used for
screening with under story flowering trees for interest.
Coniferous trees and a berm along the parking ramp will be used
to screen an� provide a buffer strip. Trees in good condition
will be transplanted on site to where they are needed. Trees in
the buffer strip along the north will not be disturbed. The area
will be sodded or seeded and an irrigation system installed.
Mr. Farr stated they are trying to achieve a minimal impact to
the residential neighborhood. The parking takes a setback of
140-feet from the lot lines. The tall office buildings have been
placed as far away as possible. No buildings are taller than
what was previously approved. The buffer zone has been
established and is also a sound barrier. A berm will be provided
to screen the parking decks as much as possible. Shared pathway
systems are in place for circulation around the building area.
The Lake Pointe commons is intended to provide an area for the
community. New businesses will provide services to the community
as well.
Mr. Oquist asked if they had started to discuss this proposal
with the neighbors.
�:<,;r;
`',:....
19.37
PLANNING COMMISSION MEETING MAY 15 1996 PAGE 13
Mr. Farr stated two neighborhood meetings have been held. Two
items that resulted were the lower lights to minimize glare and
to minimize the impact of the parking decks they are
supplementing berms with plantings on top of the berms to buffer.
Mr. Oquist asked if the property to the north of the walkway will
be as it is.
Mr. Farr stated this was correct. There will be no grading
outside of the loop.
Mr. Oquist asked if they would be responsible for all seven
buildings. With one project manager involved, you get
consistency of construction which is what he wants to see.
Mr. Farr stated he would defer that question to MEPC. MEPC is
controlling the develapment of the init�al construction.
Mr. Jellison, MEPC, stated tiiey have two office parks in the
cities today. In the southwest corner of I-394, they have the
Minneapolis West Business Center. They are planning something
similar here. They will put money into the office building and
,r they also want all of the project to fit together.
Mr. Oquist asked if MEPC would also be managing the four office
build�ngs.
Mr. Jellison stated MEPC would construct, manage, lease, etc.
Mr. Oquist stated this project is smaller than the original one.
How much different is this proposal?
Ms. Dacy stated the original plan had a total of nine buildings
with a total of 749,000 square feet. This is a total of 672,000
square feet so it is approximately 80,000 square feet less.
Woodbridge also proposed alignment of the buildings east/west as
opposed to this plan with the buildings north/south.
Mr. Oquist stated it is nice to think in terms of van pools, etc.
What has been done about the traffic patterns through the
neighborhoods and out on Highway 65?
Ms. Dacy stated there was a set of preliminary drawings 10 years
ago that were evaluated by MnDOT. We are relooking at those
plans, updating them according to the current standards, and
looking at improvements to the�ramps coming off I-694 as well.
Anoka County has the Central Avenue link at the intersection.
Ms. Dacy stated the City is speaking with MnDOT about a similar
proposal for the rainps off University due to the construction of
Home Depot. Home Depot also is looking at additional
19.38
PLANNING COMMISSION MEETING MAy 15 1996
PAGE 14
improvements to the west on 57th.
Ms. Modig stated two houses were removed_ Will this require
removal oF any additional homes?
Ms. Dacy stated two hou5es were acquired and those are the only
homes required to be removed.
Mr. Kondrick stated a walkway had been discussed to connect the
buildings. At what level would this walkway be constructed?
Mr. Farr reviewed the elevatiori drawings showing a cross section
of the site. The walkway would extend along the front of the
parking deck, would be completed enclosed, and be climate
controlled. While the buildings are office, there may be some
supporting services inciuded in the office buildings as well.
�Ir. Kondrick asked if there was a timetable.
Mr. Jellison stated they anticipate 8 to 12 years. Much will be �
dependent on the market and how quickly they can find users for
the facility. They now have a request for proposal for one user
looking for a corporate headquarters. They have also had other
users looking at the site. They are not prepared to build
without tenants. ��
Mr. Jeilison provided a history of the company. Their company
has offices and holdings throughout the world and have a regional
office in the metropolitan area. Ms. Leslie Jowett is the
leasing coordinator for this project. Their company builds,
leases, manages, and maintains their buildings. Mr. Jim Shunt,
project manager, will oversee construction.
Mr. Oquist stated 8 to 10 years seems like a long time for a
project to continue. What guarantee do we have that MEPC will
stay with the project for that time?
Mr. Jellison stated MEpC has a two-year window with the City to
get something to happen or the City can ask MEPC to leave.
MEPC's goal is to build and to have parks. It does not work well
to have one building by itself. With additional buildings and as
companies grow, we can take them into one of our buildings and
they can grow with us. our goal is to grow with our tenants.
Much of what happens is based upon the market. Even during
difficult times, MEPC has never lost a project.
Mr. Oquist stated they had mentioned a common area by the
buildings for entertainment. He did not want loud music.
��ts?;.
19.39
PLANNING COMMISSION MEETING, MAY 15, 1996 PAGE 15
Ms. Dacy stated the same concern came from the neighborhood.
Staff will evaluate that along with the developer. The HRA's
intent in developing the site is to maintain as much control as
possible. The contract states MEPC can market the site on behalf
of the HRA. If MEPC gets a user, the HRA will negotiate with
MEPC for the land to get a building up and parking in. There is
an incentive in a second building. It will be a partnership type
of approach.
Mr. Douglas stated at this time there is traffic in the morning
that builds up on the entrance ramp to I-694 west. Will
reconstruction alleviate that problem?
Ms. Dacy stated they are adding capacity to the intersection so
that should help somewhat. Staff has talked to MnDOT about the
eastbound ramp onto Highway 65. It may help because there will
be additional lane capacity.
.
Mr. Benshoof stated they did a traffic study on the City's
behalf. Intersection improvements will add capacity for the
southbound traffic. We have no control over the ramp meter or
the rate at which it works which is under the control of the
State.
Mr. Oquist stated, if we do construction on the intersection, we
need to take into consideration that it does not adversely impact
�he curr�nt traffic flow which is now bad at best.
Ms. Dacy stated this was a good point and she will bring that up
with the State staff. Now that we have a plan that is up to date
and recent, they can start to evaluate it for what they need to
do for the intersection.
Mr. Kondrick asked if the petitioner, after reading the
recommendation by staff and reviewing the 12 stipulations, had
any problems with the stipulations.
Mr. Farr stated they generally agree with the i2 recommendations.
On #8, they will be asked for the 9-foot wide parking stall which
is consistent with most communities in the area and consistent
with the low turnaround rate of this type of business.
Mr. Saba asked if they had any ideas of what they can do in that
space to reduce traffic.
Ms. Dacy stated the developer and she have not had an opportunity
to delve into that area. Cities along i-494 have developed a
coalition to find out where employees are coming from, where they
�=�s'��;. are going, and developing a program around that. MTCO has a good
� � � ro ram on car
p g pooling. That would help on peak hour traffic.
19.44
PLANNING COMMISSION MEETING MAY 15 1996 PAGE 16
Mr. Oquist asked if consideration has been given to have a bus
route on the west side. They had also talked about a walkway
over Highway 65 at the time of the original proposal.
Ms. Dacy stated she has not seen anything about a walkway. It is
a challenge across Highway 65 and University to make
intersections safe for pedestrians. They have talked with MTCO
staff and discussed what we can do to promote transit use to this
site.
Mr. Farrier asked how the interim maintenance was being
addressed.
Ms. Dacy stated the HRA i.s responsible for taking care of the
lawn.
Mr. Farrier asked if that would contin��.
Ms. Dacy stated this would continue as long as we own the
property. When the property is sold, MEPC will be responsible
for the maintenance.
Mr. �arrier asked if a fence has been or should be considered.to
the north side of the development. �
Ms..Dacy stated there are some properties who have chain link
fences and some do not. They.have not at this point discussed a.
typical screening fence. The intent has been to provide for as
much vegetation and trees as possible.
Mr. Kondrick asked the distance between the residential property
lines and the parking ramp.
Ms. Dacy stated from the property line to the street is about 40
feet, then the street itself, and then another 50 to 60 feet to
the edge of the parking deck.
Ms. Modig asked if the property owners will be impacted mostly by
the parking areas.
Ms. Dacy stated, if you go west to east, the elevation increases.
Some of the homes are below the buffer strip. There is a buffer
there and there will be a berm in front of the parking ramp with
trees on top of the berm.
Mr. Farrier stated he thought a.fence should be considered along
the north side and also along Kerry Lane.
Mr. Farrier asked if they had considered the effect on Moore ��#;2
Lake. Is an environmental impact study underway? `'�'"'
19,41
PLANNING COMMISSION MEETING MAY 15 199b PAGE 17
Ms. Dacy stated they have addressed the environmental impact on
Moore Lake. Ten years ago, five ponds were constructed to handle
run off from the parking lots and buildings. MEPC is proposing
five additional ponds to contain water. The watershed district
is to evaluate the impact.
MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICK
DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOS
P. M.
ED AT 9.17
MOTION by Ms. Savage, seconded by Mr. Oquist, to recommend
approval of the master plan for Lake Pointe Office Park by MEPC
American Properties, Inc., with the following stipulations:
1. Appropriate plat applications shall be submitted and
approved prior to development of the property.
2. All uses in the development shall comply with the following
list of permitted uses: office uses typically associated
with corporate/Class A office developments; hotel and
conference facilities; banks/financial.institutions; Class
III restaurants as defined in Section 205.03.59 of the
zoning code; daycare faciiities; and other usas as
specifically approved by the City. Uses ailowed in each
i.ndividual building after construction will be the same or
similar to those uses identified in this application. The
City shall review and approve each use prior to occupancy.
3. Detailed architectural plans of each building shall be
submitted during the plat application process; or if a plat
is not required, plans shall be submitted, reviewed, and
approved b� the City prior to issuance of a building permit.
The type of materials used on the exterior walls shall be
approved by the City.
4. A comprehensive signage plan shall be reviewed and approved
by the City Council prior to issuance of the first building
permit based on the plan dated March 29, 1996 and addressing
the following issues:
A. Wall signs (building identification and tenant signage)
shall meet the wail sign requirements of the sign code.
�
C.
No free-standing pylon signs are permitted.
Height, width, illumination and type of all signs shall
be clearly identified.
19.42
PLANNING COMMISSION MEETING MAY 15 1996 PAGE 18
D. Two free-standing project identifier (D) signs are
permitted; the size and height to be approved by the
City Council.
E. Al1 free-standing signs shall be set back ten feet from
property lines.
F. The petitioner shall receive a sign permit prior to
installation.
5. The petitioner shall work with the City in preparing
transportation demand strategies-to promote ride-sharing and
transit use to the property.
6. 12 to 15-foot light standards shall be installed shall be
installed along Bridgewater.Drive adjacent to the
residential area. Sodium high pre$sure lights shall be used
for the parking lot lights and street lights.
7. If the parking decks or parking areas ar within the R-1,
S.ingle Family Dwelling zone, a special use permit must be
obtained prior to issuance of a building pernait.
8. If nine-foot wide parking spaces are to be proposed within �
the development, a special use permit as required by the S-
2, Redevelopment District, must be obtained prior to
issuance of a building per�it.
9. Appropriate permits�from the Rice Creek Watershed District,
Six Cities Watershed Management Organization, and the
Minnesota Pollution Control Agency for storm water
management and grading shall be obtained prior to the
issuance of a building-permit. Detailed engineering plans
and calculations shall be submitted in corijunction with plat
applications and building permit applications for review and
approval by the City.
10. When appropriate, MEPC shall accept the transfer of the
Indirect Source Permit from the HRA.
11. Detailed landscaping plans shall be submitted in conjunction
with plat and building permit applications. l0 to 12-foot
evergreens shall be installed along the north wall of the
parking deck. The detailed landscaping shall be based on
the concept plan dated March 29, 1996. An irrigation plan
shall also be subinitted at•time of building permit issuance.
12. Park fees shall be paid prior to the initiation of
construction of the first development on the site. ���;;;,
�
19.43
i
PLANNZNG COMMISSION MEETING. MAY 15, 1996 PAGE 19
Easements shall be dedicated at the time of plan approval
over the existing bikeway/walkway areas.
U N A VOICE VOTE, ALL VOTING AYE, VICE-CHAiRPERSON RONDRICR
DEC RED THE MOTION CARRIED UNANIMOIISLY.
Ms. Da stated the HRA would consider this item on June 13 and
the City Council will consider the request on June 24.
��
7d-1V Y
Per Secti
allow an a
building, o
Meadowlands
NE
Lt':N llUUCiLAS'
205.07.O1.C.(1) of the Fridley City Code, to
essory building other than the first accessory
�r 240 square feet, on Lot 2, Block l,
Addition, generally located at 871 - 66th Avenue
� ,
'�. .
MOTION by Mr. Saba, se� nded by Mr. Oquist, to open the public
hearing.
IIPON A VOICE VOTE� ALL QOT G AYE, VICE-CHAIRPERSON RONDRICK
DECLARED THE MOTION CARRIED THS PIIBI�IC HSARING OPEN AT 9:20
P.M.
Ms. McPherson stated this specia use permit request is to all.ow
a second accessory structure in e cess of 240 square feet. The
subject parcel is located on 66th venue north of Mississippi
Street and east of Jackson Street. he property abuts
Meadowlands Park. Located on the s'ect parcel is a single
family dwelling unit with an attached arage. The petitioner is
proposing to construct a 20 foot x 24 f ot accessory structure in
the rear yard. The rear yard does siope rom the street level
down toward the back of the property and wards Meadowlands
Park. The lower level of the dwelling is a walk-out.
Ms. McPherson stated the petitioner has submi ted plans for a
metal accessory structure. The front would be wood. The request
does not exceed the maximum structural coverage of 25� permitted
by code and meets the setback requirements for ccessory
structures in a rear yard.
Ms. McPherson stated the petitioner's request for a etal
accessory structure is somewhat unusual when compare to similar
cases the Planning Commission has reviewed in the past In
similar cases, the City has typically granted a specia �•,use
permit with the stipulation that states the accessory sti'`ucture
is to be architecturally compatible with the primary struc�ture on
��'��`' the property. The property to the east of the petitioner has a
structure of similar construction and materials_ The City did
19.44
'rV: W illlam W. 13ums, Gity Manager Y W 96-134
City of Fridley
FROM: John G. Flora, Public Works Director
DATE: June 24, 1996
SUBJECT: Fridley Water Treatment Plant No. 3, Project No. 293
On June 19, 1996, at 11:00 am bids vPere open for the construction of a iron manganese
water filtration plant at Well No. 12 (Fridley Water Treatment Plant No. 3).
Plans were submitted to 29 contractors. Four bids were received. The low bidder was
Richmar Construction, Inc. at $ i,507,485.
The engineer� estimate identified an amount of $1,395,000 for the construction of the water
treatment plant. The lowest bid received is $112,485 over the budgeted amount. It appears
that the electrical iten�s specified in the specification were under estimated.
Based upon our projected Water Enterprise Fund, there are sufficient funds available to
support this project as bid.
To provide the maximum amount of filtered water to residents throughout the year, I would
recommend that the City Council receive the bids and award the contract to Richmar
Construction, Inc. for the construction of Fridley Water Treatment Plant No. 3, Project No.
293 for the amount of $1,507,485.
JGF:rsc
20.01
` ' June 19, 1996
1�I1�SfLTI10E�GIIE�'�S File: 685-014-30
1326 Energy Park Drive
St. Paul, MN 55108
612-644-4389
1-800-888-2923
Fax:612-644-9446
Mr. John G. Flora
Director of Public Works
City of Fridley
Civic Center
6431 University Avenue NE
Fridley, MN 55432
RE: EVALUATION OF CONSTRUCTION BIDS
WATER TREATMENT PLANT NO. 3
CITY OF FRIDLEY
Dear Mr. Flora:
CIVIIENGINEERING: Ea�'11eT COClay, bids were received and opened for the construction of Water Treatment
eNV�aor,MEMr� Plant No. 3. Four (4) bids were submitted on this project and all of the bids appear to be
MUNICIPAI in order.
PIANNING
samwas� In early May, we prepared an estimate of probable cost for the construction work
sr�ucru�at associated with this project. That estimate was $1,395,000. The bids received today are
SURVEYING tabulated on the attached sheets and a summary appears beiow. �
TRAFFIC
TRANSPORTATION B idder
ELECTRICAL/MECHANICAL Richmar Construction, Inc.
ENG�NEERING:
Sheehey Construction Company, Inc
HVAC
POwER DISTRIBUTION Newmech Companies, Inc.
scn�A Stahl Constructian Company
Total Construction Cost
$1,507,485
$1,558,141
$1,566, 800
$1,934,999
SYSTEM CONTROLS
As you can see, three of the bids were extremely competitive. However, the low bid is
higher than the aforementioned cost estimate by $112,485. After an analysis of a
breakdown of the bids, it appears that our estimate of probable costs underestimated the
electrical and instrumentation costs by approximately $125,000, which would explain our
overall cost estimate being lower than the actual bids.
OffICES IN:
MINNEAPOLIS
PRIOR {AKE
ST. PAUL
WASECA
The low estimate for the electrical and instrumentation work is tikely due to two factors.
The first is that the estimated cost that we prepared in May for the electrical and
instrumentation is low. After a further review of the estimated costs, we should have
included a higher value for this work. The second likely cause for the higher electrical
2�.�2
An Equal Opportun�ty Emplo}•er
Mr. John G. Flora
June 19, 1996
Page Two
and instrumentation costs is that one equipment/services vendor has performed a
significant amount of past work in the City. Because of this vendor's existing equipment
and past experience in the City, the other two specified vendors may have been unable to
provide competitive prices for the work and, in addition, the vendor of the existing
equipment may have had less incentive to reduce their prices_
Based on the overall competitive bids that were received, and the fact that construction of
Water Treatment Plant No. 3 will result in the City having adequate capacity to filter
100 % of the non-summer water demand and 90 % of the summer water demand, we would
recommend that the Council consider awarding the contract to the low bidder, Richmar
Construction, Inc.
If you have any questions or if you would like additional information, please contact Tom
Roushar or me.
Sincerely,
MSA, CONSULTING ENGINEERS
B an C_ DeSmet, P. E.
BCD : tw
Enclosure
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March 11, 1996
CAPITAL iMPR�VEMENT PROGRAM
PROJECT AREA
WATER
��:t;':::
:..........;>. . 1996
DESIGN WELL N0.12 FILTER PLANT
REBUILD & UPGRADE 53RD & JOHNSON
BOOSTER STATION UPGRADE
DESIGN PUMP HOUSE NO. 1 AND
WELL NO. 1 BOOSTER REPLACEMENT
WELL REPAIR - 4, & 12
INSPECT � REPAIR 3 MG RESERVOIR
(EXTERIOR)
CONSTRUCT WELL #12 FILTER
e
Y�AR:'>:'
.........:::. 1997
WATER UTILITY {95)
WATER UTILtTY
WATER UTILITY
WATER UTtLITY
WATER UTILITY
WATER UTILITY
CAPITAL IMPROVEMENT PROGRAM
:
REBUILD PUMP HOUSE NO. 't AND WATER UTILITY
WELL NO. 1 BOOSTER REPLACEMENT
ELiMINATE DEAD END LINE AT ARTHUR TO WATER UTILITY
ANOKA ST
WELL REPAIR-10 AND 13 WATER UTILITY
REPLACE CHEMICAL ROOM EQUIPMENT AT
WELL 13 WATER UTILITY
69TH 8� RICE CREEK BLVD WATERMAIN. WATER UTILITY
REPLACEMENT (400 F�
INSPECT & REPAIR'/Z AND 1'/ MG TOWERS WATER UTILITY
�,:; �`t::::::
� .:
: ........::. . 1998
ELIMINATE DEAD END LINE AT
HEATHER P� TO BEN MORE
WELL REPAIR NO'S 2, 6& 7
"HACKMAN AVE WATERMAIN REPLACE
(CENTRAUTENNISON)
INSPECT � REPAIR 1%2 M STANDPIPE
(53RD JOHNSON)
" NEW PROJECTS
"*RELOCATED PROJECTS
TOTAL PROJECT FOR
WATER UTILITY
WATER UTILITY
WATER UTILITY
WATER UTILITY
TOTAL PROJECT FOR
2�.06
298,000.00 �
300,000.00
30,000.00
50,000.00
25,000.00 ,
1,066,000.00
1,769.OQ0.00
250,000.00
15,000.00
75,OQ0.00
25,000.00
45,000.00
50.000.00
$460,000.00
: ��� ��
75,000.00
120,000.00
45,000.00
$�4.�
<`� ��
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